Department of Defense Authorization Act, 1984
PL 98-94 (S.675), enacted 09/24/1983

97 STAT. 614 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Public Law 98-94 
98th Congress 
An Act 
Sept. 24, 1983 
[S. 675] 
Department of 
Defense 
Authorization 
Act, 1984. 
To authorize appropriations for fiscal year 1984 for the Armed Forces for procure-
ment, for research, development, test, and evaluation, and for operation and 
maintenance, to prescribe personnel strengths for such Hscal year for the Armed 
Forces and for civilian employees of the Department of Defense, to authorize 
appropriations for such fiscal year for civil defense, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE; TABLE OP CONTENTS 
SECTION 1. (a) This Act may be cited as the "Department of 
Defense Authorization Act, 1984". 
(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. Extension of authority provided Secretary of Defense in connection with 
the NATO Airborne Wtiming and Control System (AWACS) program. 
Sec. 106. Secure communications equipment and a special classified program. 
Sec. 107. Limitation on Army procurement. 
Sec. 108. Limitations on Navy procurement. 
Sec. 109. Authorization of multivear contracts for the B-IB aircraft; prohibition on 
multiyear contracts for certain equipment. 
Sec. 110. Limitations and requirements with respect to the procurement and 
deployment of the MX missile. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 201. Authorization of appropriations. 
Sec. 202. Limitations on funds for the Army. 
Sec. 203. Limitations on funds for the Navy. 
Sec. 204. Limitations on funds for the Air Force. 
Sec. 205. Limitations on funds for the Defense agencies. 
Sec. 206. Limitation on size of small mobile missile. 
Sec. 207. Report on the Joint Tactical Missile System and the Joint Surveillance 
and Target Attack System; restriction on use of funds. 
Sec. 208. Antiballistic missile defense system research. 
TITLE m-OPERATION AND MAINTENANCE 
Sec. 301. Authorization of appropriations. 
Sec. 302. General authorization of appropriations for pay raises, fuel costs, and 
inflation adjustments. 
Sec. 303. Prohibition of use of vessels with foreign-built major components under 
certain leases or service contracts. 
Sec. 304. Authorization of appropriations for assistance for 1984 games of the XXni 
Olympiad. 
Sec. 305. Shelter for the homeless at military installations. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 615 
TITLE IV—ACTIVE FORCES 
Sec. 401. Authorization of end strengths. 
Sec. 402. Quality control on enlistments into the Army for fiscal year 1984. 
Sec. 403. Extension of authority for the temporary promotions of certain Navy 
lieutenants. 
Sec. 404. Limit on funds for permanent change of station (PCS) travel during fiscal 
year 1984. 
TITLE V—RESERVE FORCES 
Sec. 501. Authorization of average strengths for Selected Reserve. 
Sec. 502. Authorization of end strengths for Reserves on active duty in support of 
the Reserves. 
Sec. 503. Increase in number of certain personnel authorized to be on active duty in 
support of the reserve components. 
Sec. 504. Clarification of status of certain members of the National Guard serving 
in a full-time status. 
TITLE VI—CIVILIAN PERSONNEL 
Sec. 601. Authorization of end strength. 
Sec. 602. Civilian personnel ceilings on industrially funded activities during fiscal 
year 1983. 
TITLE VII—MILITARY TRAINING STUDENT LOADS 
Sec. 701. Authorization of training student loads. 
Sec. 702. Extension of reduction in number of students required to be in a unit of 
the Junior Reserve Officers' Training Corps. 
TITLE VIII-CIVIL DEFENSE 
Sec. 801. Authorization of appropriations. 
Sec. 802. Amount authorized for contributions for State personnel and administra-
tive expenses. 
TITLE IX—MILITARY COMPENSATION AND HEALTH-CARE MATTERS 
PART A—PAY AND ALLOWANCES 
Sec. 901. Pay increase of 4 percent for members of the uniformed services. 
Sec. 902. Adjustment in basic pay of certain officers with prior enlisted and war-
rant officer service. 
Sec. 903. Hazardous duty pay for certain toxic fuel handlers. 
Sec. 904. Extension of special pay for certain aviation career officers. 
Sec. 905. Hostile fire pay for members serving in areas threatening imminent 
danger. 
Sec. 906. Freeze of variable housing allowance at fiscal year 1983 rates. 
Sec. 907. Variable housing allowance for Reserves on active duty for a period of 140 
days or more. 
Sec. 908. Clarification of rules for payment of per diem. 
Sec. 909. Clarification of allowance for transportation of motor vehicle. 
Sec. 910. Transportation for dependent children attending school in the United 
States when the member-parent is stationed overseas. 
Sec. 911. Clarification of eligibility for separation pay. 
Sec. 912. Reimbursements for accommodations in place of quarters. 
Sec. 913. Advance payment of travel and transportation allowances for escorts and 
attendants of dependents. 
PART B—RETIRED PAY MATTERS 
Sec. 921. Limitation on applicability of one year look-back provision. 
Sec. 922. Rounding of retired pay and survivor annuities to next lower whole dollar 
amount. 
Sec. 923. Termination of six-month rounding rule for computing retired pay. 
Sec. 924. Retired pay for certain otherwise ineligible reservists. 
Sec. 925. Accrual funding for military retirement system. 
PART C—HEALTH-CARE MATTERS 
Sec. 931. CHAMPUS provisions. 
Sec. 932. Authority for increased usage of contract health care providers. 
Sec. 933. Studies and demonstration projects relating to health and medical care. 
Sec. 934. Medical malpractice protection for health-care personnel of the Soldiers' 
and Airmen's Home. 
97 STAT. 616 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Sec. 935. Adjustments in stipend paid to recipients of Armed Forces Health Profes-
sions Scholarships. 
PART D—SURVIVOR BENEFITS 
Sec. 941. Clarification of survivor benefits coverage for former spouses. 
Sec. 942. Extension of minimum income provision for certain widows. 
Sec. 943. Clarification of continuing responsibility for funding of certain suvivors' 
benefits. 
TITLE X—MILITARY PERSONNEL MATTERS 
PART A—OFFICER PERSONNEL MANAGEMENT AND TRAINING 
Sec. 1001. Temporary modification in certain general and flag officer grade limita-
tions. 
Sec. 1002. Performance of civil functions by military officers. 
Sec. 1003. Modifications to Reserve Officers' Training Corps scholarship program. 
Sec. 1004. Selection of persons from foreign countries to receive instruction at the 
service academies. 
Sec. 1005. Nominations to service academies from Guam and former Canal Zone 
area. 
Sec. 1006. Appointment of citizens of Northern Mariana Islands as commissioned 
officers. 
Sec. 1007. Transfer of Public Health Service officers to other uniformed services. 
PART B—RESERVE COMPONENT MANAGEMENT 
Sec. 1011. Bonuses for enlistments, reenlistments, and voluntary extensions of serv-
ice in elements of the Ready R^erve other than the Selected Reserve. 
Sec. 1012. Extension of medical and dental care for reservists. 
Sec. 1013. Test program on limited use of commissary stores by members of the Se-
lected Reserve. 
Sec. 1014. Grade determination for persons receiving original appointments as re-
serve medical officers of the Army or Air Force. 
Sec. 1015. Promotion of certain reserve commissioned officers serving on active 
duty. 
Sec. 1016. Computation of years of service for mandatory transfer of certain reserv-
ists to the Retired Reserve. 
Sec. 1017. Authority to order certain retired members of reserve components to 
active duty. 
Sec. 1018. Authority to permit retired enlisted members of regular components to 
be placed voluntarily in the Ready Reserve. 
Sec. 1019. Validation of certain Army appointments made in grades above the 
grade of second lieutenant. 
PART C—OTHER PERSONNEL MANAGEMENT PROVISIONS 
I 
Sec. 1021. Authority of President to suspend certain laws relating to promotion, re-
tirement, and separation. 
Sec. 1022. Authority to increase total initial term of service in the Armed Forces. 
Sec. 1023. Variable terms for enlistments and reenlistments in regular components. 
PART D—MISCELLANEOUS 
Sec. 1031. Extension of period during Which certain accumulated leave may be 
used. 
Sec. 1032. Transportation of remains of military retirees dying in military hospi-
tals. 
Sec. 1033. Fee for veterinary services. 
Sec. 1034. Extension of pilot Department of Defense educational assistance loan re-
payment program. 
TITLE XI—NATO AND RELATED MATTERS 
Sec. 1101. North Atlantic defense cooperative programs. 
Sec. 1102. Report on allied contributions to the common defense. 
Sec. 1103. Limitation on number of military personnel stationed in Europe. 
Sec. 1104. Report on improvement of conventional forces of NATO. 
Sec. 1105. Report on the nuclear posture of NATO. 
Sec. 1106. Report on combat-to-support ratio of United States forces in Europe in 
support of NATO. 
Sec. 1107. Report on United States expenditures in support of NATO. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 617 
TITLE XII-GENERAL PROVISIONS 
PART A—FINANCIAL MATTERS 
Sec. 1201. Transfer authority. 
Sec. 1202. Long-term lease or charter of aircraft and vessels. 
Sec. 1203. Inde|)endent cost estimates of major defense acquisition programs. 
Sec. 1204. Requirement of authorization of appropriations for working-capital 
funds. 
Sec. 1205. One-year extension of test program to authorize price differentials to re-
lieve economic dislocations. 
Sec. 1206. Authorization of funds for upgrading the International Coordinating 
Committee (COCOM) logistical support. 
PART B—DEPARTMENT OF DEFENSE MANAGEMENT MATTERS 
Sec. 1211. Establishment of Defense Director of Operational Test and Evaluation. 
Sec. 1212. Assistant Secretaries in the Department of Defense. 
Sec. 1213. Commandant of the Marine Corps to be a member of the Armed Forces 
Policy Council. 
Sec. 1214. 5 percent across-the-board reduction in headquarters staffs. 
Sec. 1215. Regulations relating to increeises in prices for spare parts and replace-
ment equipment. 
Sec. 1216. Report on management of spare parts. 
Sec. 1217. Authority to withhold from public disclosure certain technical data. 
Sec. 1218. Use of polygraphs by the Department of Defense. 
Sec. 1219. Authority to provide routine port services to naval vessels of allied coun-
tries at no cost. 
Sec. 1220. Reciprocal communications support. 
Sec. 1221. Two-year extension of prohibition on contracts for the performance of 
firefighting and security functions. 
Sec. 1222. Report on cost savings under contracting out procedures. 
Sec. 1223. Extension of period for transfer of defense dependents' education system 
to Department of Education. 
Sec. 1224. Force structure changes, Air Force. 
PART C—PROVISIONS RELATING TO SPECIHC PROGRAMS 
Sec. 1231. Limitation on deployment of MX missile; development of small mobile 
missile. 
Sec. 1232. Small, mobile, single warhead ICBMs. 
Sec. 1233. Limitation on procurement of binary chemical weapons. 
Sec. 1234. Prohibition against using funds appropriated for the advanced technol-
ogy bomber program for any other purpose. 
Sec. 1235. Establishing criteria governing the test of antisatellite warheads. 
Sec. 1236. Requirement for the use of competitive bidding procedures for the lease 
of CT-39 replacement aircraft. 
Sec. 1237. Limitation on waivers of cost-recovery requirements under Arms 
Export Control Act. 
Sec. 1238. Waiver of limitation on Foreign Military Sales Program. 
Sec. 1239. F/A-18 aircraft program. 
Sec. 1240. Study to re-estimate the cost of the B-IB bomber program. 
PART D—MISCELLANEOUS 
Sec. 1251. Endorsement of report on improved strategic communications. 
Sec. 1252. Public Health Service hospitals. 
Sec. 1253. Employment protection for certain nonappropriated fund instrumentality 
employees. 
Sec. 1254. Extension of the grace period for the enforcement of the provisions relat-
ing to the failure to register and the denial of Federal educational 
assistance. 
Sec. 1255. Impact aid authorization. 
Sec. 1256. Retirement deductions from the pay of judges of the United States Court 
of Military Appeals. 
Sec. 1257. One-year postponement for certain deposits for civil service retirement 
credit for military service. 
Sec. 1258. Compensation for injuries incurred in the performance of duty by mem-
bers of the Civil Air Patrol. 
Sec. 1259. Repeal of requirement for retiree suggestion program. 
Sec. 1260. Offshore drilling affecting naval operations. 
Sec. 1261. Restoration of Bedford Air Force Station, Virginia. 
Sec. 1262. Prohibition on purchase of certain typewriters. 
Sec. 1263. Award of campaign and service medals to certain persons. 
97 STAT. 618 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Sec. 1264. Commemorative medal for families of American personnel missing in 
Southeast Asia. 
Sec. 1265. Name of school of medicine at the Uniformed Services University of the 
Health Sciences. 
Sec. 1266. Acceptance of voluntary services for military museums and family support 
programs. 
Sec. 1267. Report on proposed legislation for codification of certain provisions of law. 
Sec. 1268. Technical amendments to title 10, United States Code. 
TITLE I—PRCKIUREMENT 
AUTHORIZATION OF APPROPRIATIONS, ARMY 
SEC. 101. Funds are hereby authorized to be appropriated for fiscal 
year 1984 for procurement of aircraft, missiles, weapons and tracked 
combat vehicles, and ammunition and for other procurement for the 
Army as follows: 
For aircraft, $3,331,400,000. 
For missiles, $2,903,400,000. 
For weapons and tracked combat vehicles, $4,734,500,000. 
For ammunition, $2,147,100,000. 
For other procurement, $4,836,200,000. 
For Army National Guard equipment, $100,000,000. 
AUTHORIZATION OF APPROPRIATIONS, NAVY AND MARINE CORPS 
SEC. 102. (a) AIRCRAFT.—Funds are hereby authorized to be appro-
priated for fiscal year 1984 for procurement of aircraft for the Navy 
in the amount of $10,637,800,000. 
(b) WEAPONS.—Funds are hereby authorized to be appropriated for 
fiscal year 1984 in the total amount of $3,903,000,000 for procure-
ment of weapons (including missiles and torpedoes) for the Navy as 
follows: 
For missile programs, $3,041,700,000. 
For the MK-48 torpedo program, $124,600,000. 
For the MK-46 torpedo program, $248,000,000. 
For the MK-60 torpedo program, $105,400,000. 
For the MK-30 mobile target program, $17,600,000. 
For the MK-38 minimobile target program, $2,000,000. 
For the antisubmarine rocket (ASROC) program, $17,300,000. 
For the modification of torpedoes, $111,800,000. 
For the torpedo support equipment program, $72,100,000. 
For 
the 
MK-15 
close-in 
weapons 
system 
program, 
$126,700,000. 
For the 5-inch/54-caliber gun mount program, $16,100,000. 
For 
the 
MK-75 
76-millimeter 
gun 
mount 
program, 
$11,100,000. 
For other weapons, $27,500,000. 
The sum of the amounts authorized for programs under this subsec-
tion is reduced by $18,900,000. 
(c) SHIPBUILDING AND CONVERSION.—Funds are hereby authorized 
to be appropriated for fiscal year 1984 in the total amount of 
$12,045,400,000 for shipbuilding and conversion for the Navy as 
follows: 
For the Trident submarine program, $1,759,000,000. 
For the SSN-688 nuclear attack submarine 
program, 
$2,042,400,000. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 619 
For the aircraft carrier service life extension program (SLEP), 
$95,900,000. 
For the CG-47 Aegis cruiser program, $3,397,400,000. 
For the DDG-51 guided missile destroyer 
program, 
$79,000,000. 
For the FFG-7 guided missile frigate program, $300,000,000. 
For the battleship reactivation program, $57,700,000. 
For the LSD-41 landing ship dock program, $509,000,000. 
For 
the LHD-1 amphibious 
assault 
ship 
program, 
$1,379,700,000. 
For the MCM-1 mine countermeasures ship program, 
$301,000,000. 
For the MSH-1 minesweeper hunter program, $65,000,000. 
For the TAGS ocean survey ship program, $34,500,000. 
For the TAH hospital ship program, $260,000,000. 
For the TAK(FBM) missile resupply ship program, $900,000. 
For the TAFS combat stores ship program, $16,100,000. 
For the TAO-187 fleet oiler program, $365,400,000. 
For the TAKR fast logistic ship program, $246,500,000. 
For the strategic sealift ready reserve program, $31,000,000. 
For the LCAC landing craft 
air cushion 
program, 
$161,100,000. 
For service craft and landing craft, $134,300,000. 
For outfitting, post delivery, and cost growth, $868,700,000. 
The sum of the amounts authorized for programs under this subsec-
tion is reduced by $59,200,000. 
(d) OTHER.—Funds are hereby authorized to be appropriated for 
fiscal year 1984 for other procurement for the Navy in the amount 
of $4,497,600,000, of which— 
(1) $681,500,000 is available only for the ship support equip-
ment program; 
(2) $1,562,800,000 is available only for the communications 
and electronics equipment program; and 
(3) $930,300,000 is available only for the ordnance support 
equipment program. 
(e) PROCUREMENT, MARINE CORPS.—Funds are hereby authorized 
to be appropriated for fiscal year 1984 for procurement for the 
Marine Corps (including missiles, tracked combat vehicles, and 
other weapons) in the amount of $1,805,200,000. 
AUTHORIZATION OF APPROPRIATIONS, AIR FORCE 
SEC. 103. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1984 for procurement of aircraft and missiles and for 
other procurement for the Air Force as follows: 
For aircraft, $21,282,800,000. 
For missiles, $7,925,700,000. 
For other procurement, $7,112,100,000. 
For Air National Guard equipment, $25,000,000. 
(b) Of the funds authorized to be appropriated in this section for 
aircraft for the Air Force, the sum of $112,100,000 is available only 
for contribution by the United States as its share of the cost for 
fiscal year 1984 of acquisition by the North Atlantic Treaty Organi-
zation of the Airborne Warning and Control System (AWACS). 
(c) Of the funds authorized to be appropriated in this section for 
missiles for the Air Force, the sum of $459,000,000 is available for 
procurement of 240 missiles under the AGM-86B air-launched 
97 STAT. 620 
PUBLIC LAW 98-94—SEPT. 24, 1983 
cruise missile program, of which $14,000,000 is available for advance 
procurement for such pr(^am. 
AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES 
SEC. 104. Funds are hereby authorized to be appropriated for fiscal 
year 1984 for procurement by the Defense agencies in the amount of 
$972,700,000. 
EXTENSION OP AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CON-
NECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYOTEM 
(AWACS) PROGRAM 
Effective date. 
SEC. 105. Effective on October 1,1983, section 103(a) of the Depart-
ment of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 
1100), is amended by striking out "fiscal year 1983" both places it 
appears and inserting in lieu thereof "fiscal year 1984". 
SECURE COMMUNICATIONS EQUIPMENT AND A SPECIAL CLASSIFIED 
PROGRAM 
SEC. 106. The Secretary of Defense is authorized to procure secure 
telephone communication systems, including equipment and related 
items, during fiscal year 1984 for the Department of Defense and 
other Government agencies and entities to support a national pro-
gram to provide secure telephone service. Of the funds authorized to 
be appropriated pursuant to this title, not more than $60,000,000 
may be used to provide secure telephone equipment and related 
items to the Department of Defense and other Government agencies 
and entities in support of such a national program. Equipment 
provided to Government agencies and entities outside the Depart-
ment of Defense under the authority of this section and such related 
services as may be necessary may be furnished by the Secretary of 
Defense with or without reimbursement. In addition, of the funds 
authorized to be appropriated pursuant to this Act, not more than 
$220,000,000 is authorized for a special classified program. 
LIMITATION ON ARMY PROCUREMENT 
SEC. 107. The Secretary of the Army may not make a contract for 
the purpose of establishing a second source for production of the 
engine for the M-1 tank. 
Notification of 
congressional 
committees. 
Congressional 
adjournment. 
LIMITATIONS ON NAVY PROCUREMENT 
SEC. 108. (aXD None of the funds appropriated pursuant to the 
authorization of appropriations for the strategic sealift ready re-
serve program under section 102(c) (Shipbuilding and Conversion for 
the Navy) may be obligated or expended for the acquisition of a 
specific vessel for that program until (A) the Secretary of the Navy 
has notified the Committees on Armed Services and on Appropri-
ations of the Senate and House of Representatives of the proposed 
acquisition of that vessel for that program, and (B) a period of 30 
days of continuous session of Congress has expired following the 
date on which that notice was received by those committees. 
(2) For purposes of paragraph (1), the continuity of a session of 
Congress is broken only by an adjournment of the Congress sine die, 
and the days on which either House is not in session because of an 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 621 
adjournment of more than three days to a day certain are excluded 
in the computation of such 30-day period. 
(b) None of the funds appropriated pursuant to any authorization 
of appropriations contained in this Act may be obligated or expended 
for the purchase of the 5-inch semiactive laser guided projectile until 
the Secretary of the Navy has acquired a technical data package for 
that projectile and has determined that such technical data package 
(1) does not contain proprietary data, and (2) can be used to solicit a 
second production source for such projectile. 
AUTHORIZATION OF MULTIYEAR CONTRACTS FOR THE B-lB AIRCRAFT; 
PROHIBITION ON MULTIYEAR CONTRACTS FOR CERTAIN EQUIPMENT 
SEC. 109. (a) Notwithstanding any other provision of law, procure-
ment of the B-IB aircraft program may be carried out under a 
multiyear procurement contract in accordance with section 2306(h) 
of title 10, United States Code. 
(b) The Department of Defense is hereby denied the authority to 
execute multiyear procurement contracts, as proposed in the 
Department's fiscal year 1984 budget request, for procurement of 
any of the following: 
(1) AH-64 helicopter engines. 
(2) F-18 aircraft engines. 
(3) F-15 aircraft. 
(4) KC-135 reengining (airframes). 
(5) Mark 30 targets. 
(6) AN/SSQ-62 DICASS sonobuoys. 
LIMITATIONS AND REQUIREMENTS WITH RESPECT TO THE PROCUREMENT 
AND DEPLOYMENT OF THE MX MISSILE 
SEC. 110. (a)(1) Funds appropriated pursuant to the authorization 
of appropriations in section 103 may be used to procure not more 
than 21 operational MX missiles for deployment. 
(2) MX missiles procured with funds authorized to be appropriated 
by section 103 shall be deployed in existing Minuteman missile silos 
that are part of the 319th and 400th Strategic Missile Squadrons and 
supported by Francis E. Warren Air Force Base, Wyoming. The first 
ten MX missiles procured for deployment by the Air Force shall be 
placed on alert status, with appropriate security and logistics facili-
ties in operation, not later than December 31,1986. 
(b)(1) The Secretary of the Air Force shall prepare a full draft and 
final environmental impact statement in accordance with all terms, 
conditions, and requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) on the proposed deployment and 
peacetime operations of MX missiles in the Minuteman silos 
referred to in subsection (a). The final environmental impact state- Publication 
ment on the proposed deployment of such missiles shall be published 
not later than January 31,1984. 
(2) Notwithstanding any other provision of law, the Secretary of 
the Air Force (A) may immediately commence planning, facility and 
equipment designing, surveying, and other predeplojnnent activities 
with respect to the MX missile, and (B) shall proceed promptly 
following the publication of the final environmental impact state-
ment referred to in paragraph (1) with deployment of MX missiles in 
the missile silos referred to in subsection (a). 
Environmental 
impact 
statement. 
97 STAT. 622 
PUBLIC LAW 98-94—SEPT. 24, 1983 
(c) This section shall be carried out in a manner consistent with 
Post, p. 693. 
the provisions of section 1231. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1984 for the use of the Armed Forces for research, 
development, test, and evaluation in amounts as follows: 
For the Army, $4,204,552,000. 
For the Navy (including the Marine Corps), $7,619,409,000. 
For the Air Force, $12,622,193,000. 
For the Defense Agencies, $2,856,754,000, of which $50,000,000 
is authorized for the activities of the Director of Test and 
Evaluation, Defense. 
(b) In addition to the funds authorized to be appropriated in 
subsection (a), there are authorized to be appropriated for fiscal year 
1984 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). 
LIMITATIONS ON FUNDS FOR THE ARMY 
SEC. 202. (a) Of the amount authorized in section 201 for the 
Army— 
(1) $7,650,000 is available only for 75-millimeter and 90-milli-
meter guns for light armored vehicles; 
(2) $7,000,000 is available only for neutral particle beam 
research as part of the ballistic missile defense advanced tech-
nology program; 
(3) $15,000,000 is available only for integration (including 
qualification) of the Hellflre missile on the UH-60 helicopter; 
(4) $50,160,000 is available only for the Joint Tactical Missile 
System and for selection of either the Patriot T-16 or Lance 
T-22 as the delivery vehicle for such system; and 
(5) $12,561,000 is available only for the Mobile Protected Gun 
System. 
(b) None of the amount appropriated pursuant to the authoriza-
tion in section 201 for the Army may be used for full-scale engineer-
ing development of the Military Computer Family System until the 
Secretary of Defense provides to the Committees on Armed Services 
of the Senate and House of Representatives a plan for the introduc-
tion and integration of advanced micro-electronic computers into 
weapons systems. 
(c) Of the funds authorized to be appropriated pursuant to this 
section, $20,500,000 shall be available for research and development 
by the Department of the Army for the Military Computer Family. 
TTie Secretary of Defense shall make offsetting reductions in lower 
priority computer application projects authorized in this Act. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 623 
UMITATIONS ON FUNDS FOR THE NAVY 
SEC. 203. (a) Of the amount authorized in section 201 for the Navy 
(including the Marine Corps)— 
(1) $24,000,000 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) $20,000,000 is available only for the antiradiation projec-
tile program; 
(3) $72,593,000 is available only for the Mark 92 fire control 
system; 
(4) $10,000,000 is available only for a derivative of the Stand-
ard Missile II to be used for the Navy outer air battle mission; 
and 
(5) $1,470,000 is available only for the evaluation of a wing-lift 
system for Navy utility craft. 
(b)(1) None of the amount appropriated pursuant to the authoriza-
tion in section 201 for the Navy may be used for full-scale engineer-
ing development of the AN/UYK-43 and AN/UYK-44 computers 
until the Secretary of Defense provides to the Committees on Armed 
Services of the Senate and House of Representatives a plan for the 
introduction and integration of advanced microelectronic computers 
into weapons systems. 
(2) None of the amount appropriated pursuant to the authoriza-
tion in section 201 for the Navy may be used for the Navy Mid-
Infrared Advanced Chemical Laser program. 
Computerization 
plan, submittal 
to congressional 
committees. 
LIMITATIONS ON FUNDS FOR THE AIR FORCE 
SEC. 204. (a) Of the amount authorized in section 201 for the Air 
Force— 
(1) $60,000,000 is available for the Strategic Laser System 
Technology program, of which $40,000,000 is available only for 
the development by the Air Force Space Command of the 
visible/ultraviolet short wavelength laser program; 
(2) not less than $22,477,000 is available for research and 
development of Training and Simulation Technology; and 
(3) $20,000,000 is available only for the development of termi-
nally guided and sensor-fused submunitions for the Air Force 
deep strike mission. 
(b) None of the amount appropriated pursuant to the authoriza-
tion in section 201 for the Air Force may be used for continued 
development of the Airborne Laser Laboratory. 
LIMITATIONS ON FUNDS FOR THE DEFENSE AGENCIES 
SEC. 205. (a) Of the amount authorized in section 201 for the 
Defense Agencies— 
(1) not less than $65,000,000 is available only for research, 
development, test, and evaluation of free-electron and other 
short wavelength (excluding blue-green) lasers; 
(2) $33,100,000 is available only for the particle-beam 
technology program, including modifications to the advanced 
test accelerator required for free-electron laser research; and 
(3) $22,000,000 is available only for a joint Defense Advanced 
Research Projects Agency and Department of Energy project for 
97 STAT. 624 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Comprehensive 
plan, submittal 
to Congress. 
research, development, test, and evaluation of third-generation 
defensive weapons. 
(b) None of the amount appropriated pursuant to the authoriza-
tion in section 201 for the Defense Agencies may be used for 
research, development, test, and evaluation for the program for 
fifth-generation artificial intelligence computers until the Secretary 
of Defense submits to Congress a comprehensive plan for the 
manner in which such program will be carried out. 
UMITATION ON SIZE OF SMALX, MOBILE MISSILE 
SEC. 206. None of the funds appropriated pursuant to authoriza-
tions of appropriations in section 201 for the Air Force may be 
obligated or expended for research, development, test, or evaluation 
for an intercontinental-range mobile ballistic missile that would 
weigh more than 33,000 pounds or that would carry more than a 
single warhead. 
Submittal to 
congressional 
committees. 
Joint hearing of 
congressional 
committees. 
REPORT ON THE JOINT TACTICAL MISSILE SYSTEM AND THE JOINT SUR-
VEILLANCE AND TARGET ATTACK SYSTEM; RESTRICTION ON USE OF 
FUNDS 
SEC. 207. (a) The Secretary of Defense and the Chairman of the 
Joint Chiefs of Staff shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives not later 
than October 1, 1984, a report setting forth a comprehensive and 
coordinated plan for the development and procurement of the Joint 
Tactical Missile System and the Joint Surveillance and Target 
Attack System (JSTARS) of the Air Force. The report shall clearly 
define the integration of those systems within the Air-Land Battle 
concept developed in the Department of Defense and the expected 
contribution of those systems to the disruption and destruction of 
follow-on enemy forces. 
(b) Of the total amount appropriated for the Air Force JSTARS 
program pursuant to authorizations in this title, $20,000,000 may 
not be obligated or expended for the integration of the JSTARS 
radar on any airborne platform until after the completion of a joint 
hearing of the Committees on Armed Services of the Senate and the 
House of Representatives on the subject of deep strike interdiction 
or until after December 1,1983, whichever occurs first. 
Funding 
restriction. 
ANTIBALUSTIC MISSILE DEFENSE SYSTEM RESEARCH 
SEC. 208. (a) Subject to subsection Ot)), the Secretary of Defense 
may use not more than $50,400,000 of amounts appropriated pursu-
ant to an authorization of appropriations in this title which are not 
obligated for any other purpose to carry out research, development, 
test, and evaluation on the Ballistic Missile Defense systems tech-
nology program of the Army. The amount authorized under the 
preceding sentence— 
(1) is in addition to any amount authorized to be appropriated 
by this title to carry out research, development, test, and evalu-
ation on the Ballistic Missile Defense systems technology 
program of the Army; and 
(2) is not an addition to the total of the authorizations of 
appropriations contained in this Act. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 625 
(b) Funds for the purpose of subsection (a) may not be derived Funding 
from amounts appropriated for Army tactical conventional restriction. 
programs. 
TITLE m—OPERATION AND MAINTENANCE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. (a) ARMY.—Funds are hereby authorized to be appropri-
ated for fiscal year 1984 in the total amount of $17,523,091,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Army as follows: 
(1) For general purpose forces, $6,389,569,000. 
(2) For intelligence and communications, $1,025,578,000. 
(3) For central supply and maintenance, $5,005,214,000. 
(4) For training, medical, and other general personnel 
activities, $3,858,200,000. 
(5) For administration, $1,138,288,000. 
(6) For support of other nations, $106,242,000. 
Qo) NAVY.—Funds are hereby authorized to be appropriated for 
fiscal year 1984 in the total amount of $22,489,400,000 for expenses, 
not otherwise provided for, for the operation and maintenance of the 
Navy and the Marine Corps as follows: 
(1) For strategic forces, $1,974,261,000. 
(2) For general purpose forces, $10,645,207,000. 
(3) For intelligence and communications, $1,063,381,000. 
(4) For central supply and maintenance, $6,160,033,000. 
(5) For training, medical, and other general personnel 
activities, $1,987,832,000. 
(6) For administration, $656,166,000. 
(7) For support of other nations, $2,520,000. 
(c) MARINE CORPS.—Funds are hereby authorized to be appropri-
ated for fiscal year 1984 in the total amount of $1,554,700,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Marine Corps as follows: 
(1) For general purpose forces, $910,501,000. 
(2) For central supply and maintenance, $337,123,000. 
(3) For training, medical, and other general personnel 
activities, $210,773,000. 
(4) For administration, $96,303,000. 
(d) AIR FORCE.—Funds are hereby authorized to be appropriated 
for fiscal year 1984 in the total amount of $18,061,100,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Air Force as follows: 
(1) For strategic forces, $3,100,886,000. 
(2) For general purpose forces, $3,966,062,000. 
(3) For intelligence and communications, $1,792,317,000. 
(4) For airlift and sealift, $1,182,783,000. 
(5) For central supply and maintenance, $5,483,689,000. 
(6) For training, medical, and other general personnel 
activities, $1,986,810,000. 
(7) For administration, $540,310,000. 
(8) For support of other nations, $8,243,000. 
(e) DEFENSE AGENCIES.—Funds are hereby authorized to be appro-
priated for fiscal year 1984 in the total amount of $6,709,400,000 for 
expenses, not otherwise provided for, for the operation and mainte-
97 STAT. 626 
PUBLIC LAW 98-94—SEPT. 24, 1983 
nance of activities and agencies of the Department of Defense (other 
than the miHtary departments) as follows: 
(1) For general purpose forces, $284,114,000. 
(2) For intelligence and communications, $2,279,559,000. 
(3) For central supply and maintenance, $1,559,231,000. 
(4) For training, medical, and other general personnel 
activities, $2,164,915,000. 
(5) For administration, $421,581,000. 
(f) ARMY RESERVE.—Funds are hereby authorized to be appropri-
ated for fiscal year 1984 in the total amount of $685,500,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Army Reserve as follows: 
(1) For mission forces, $398,470,000. 
(2) For depot maintenance, $8,910,000-
(3) For other support, $278,120,000. 
(g) NAVY RESERVE.—Funds are hereby authorized to be appropri-
ated for fiscal year 1984 in the total amount of $675,300,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Navy Reserve as follows: 
(1) For mission forces, $413,148,000. 
(2) For depot maintenance, $88,538,000. 
(3) For other support, $173,614,000. 
(h) MARINE CORPS RESERVE.—Funds are hereby authorized to be 
appropriated for fiscal year 1984 in the total amount of $52,929,000 
for expenses, not otherwise provided for, for the operation and 
maintenance of the Marine Corps Reserve as follows: 
(1) For mission forces, $27,503,000. 
(2) For depot maintenance, $1,589,000. 
(3) For other support, $23,837,000. 
(i) AIR FORCE RESERVE.—Funds are hereby authorized to be appro-
priated for fiscal year 1984 in the total amount of $791,100,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Air Force Reserve as follows: 
. (1) For mission forces, $521,718,000. 
(2) For depot maintenance, $131,149,000. 
(3) For other support, $138,233,000. 
(j) ARMY NATIONAL GUARD.—Funds are hereby authorized to be 
appropriated for fiscal year 1984 in the total amount of 
$1,180,200,000 for expenses, not otherwise provided for, for the 
operation and maintenance of the Army National Guard as follows: 
(1) For training operations, $223,357,000. 
(2) For logistical support, $861,108,000. 
(3) For headquarters and command support, $85,374,000. 
(4) For medical support, $10,361,000. 
(k) AIR NATIONAL GUARD.—Funds are hereby authorized to be 
appropriated for fiscal year 1984 in the total amount of 
$1,808,900,000 for expenses, not otherwise provided for, for the 
operation and maintenance of the Air National Guard as follows: 
(1) For mission forces, $1,292,200,000. 
(2) For depot maintenance, $403,700,000. 
(3) For other support, $113,000,000. 
(1) NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, 
ARMY.—There is hereby authorized to be appropriated for fiscal 
year 1984 the amount of $899,000 for the 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, 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 627 
4313. 
United States Code, and the expenses of the Secretary of the Army 
under sections 4309 and 4313 of such title. 
lo use 4309, 
(m) CLAIMS, DEFENSE.—There is hereby authorized to be appropri-
ated for fiscal year 1984 the amount of $172,900,000 for payment, 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 au-
thorized to be appropriated for fiscal year 1984 the amount of 
$3,372,000 for salaries and expenses for the United States Court of 
Military Appeals. 
GENERAL AUTHORIZATION OF APPROPRIATIONS FOR PAY RAISES, FUEL 
COSTS, AND INFLATION ADJUSTMENTS 
SEC. 302. There are authorized to be appropriated for fiscal year 
1984, 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 
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 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. 
PROHIBITION OF USE OF VESSELS WITH FOREIGN-BUILT MAJOR 
COMPONENTS UNDER CERTAIN LEASES OR SERVICE CONTRACTS 
SEC. 303. (a)(1) None of the funds appropriated pursuant to the 
authorizations of appropriations in section 301 may be obligated or 
expended for the lease of a vessel which has not previously been 
placed in service, or for the provision of a service through use by a 
contractor of a vessel which has not previously been placed in 
service, under a contract which will be for a long term or under 
which the United States will have a substantial termination liability 
and under which the vessel involved will have a main propulsion 
system or other major component of the hull or superstructure not 
built in the United States. 
(2) None of the funds appropriated pursuant to the authorizations 
of appropriations in section 301 may be obligated or expended for a 
contract that is an agreement to lease or an agreement to provide 
services and that is (or will be) accompanied by a contract for the 
actual lease or provision of services if the contract for the actual 
lease or provision of services is (or will be) a contract described in 
paragraph (1). 
(b) For purposes of subsection (a)— 
(1) a contract shall be considered to be for a long term if the 
term of the contract, including all options under the contract, is 
for more than 5 years; and 
(2) the United States shall be considered to have a substantial 
termination liability under a contract if, as determined under 
regulations prescribed by the Secretary of Defense, the sum of— 
(A) the present value of the amount of the termination 
liability of the United States under the contract as of the 
end of the term of the contract (exclusive of any option to 
extend the contract), and 
97 STAT. 628 
PUBLIC LAW 98-94—SEPT. 24, 1983 
(B) the present value of the total of the payments to be 
made by the United States under the contract (excluding 
any option to extend the contract) attributable to capital-
hire, 
is more than one-half the price of the vessel involved. 
(c) Subsection (a) does not apply with respect to a contract entered 
into before the date of the enactment of this Act. 
Presidential 
approval of 
justification. 
Copies 
forwarded to 
congressional 
committees. 
AUTHORIZATION OF APPROPRIATIONS FOR ASSISTANCE FOR 1984 GAMES 
OF THE XXIII OLYMPIAD 
SEC. 304. (a) Notwithstanding any other provision of law, the 
Secretary of Defense is authorized— 
(1) to provide logistical support and personnel services to the 
1984 games of the XXIII Olympiad; 
(2) to lend and provide equipment in support of the 1984 
games of the XXIII Olympiad; and 
(3) to provide such other services in support of the 1984 games 
of the XXIII Olympiad as the Secretary may consider advisable. 
(b) There is authorized to be appropriated to the Department of 
Defense for fiscal 1984 an amount not to exceed $50,000,000 for the 
purpose of carrying out subsection (a). Except for funds used for pay 
and nontravel related allowances for members of the Armed Forces 
(other than members of the reserve components called or ordered to 
active duty to provide support for the XXIII Olympiad), no funds 
may be obligated for such purpose unless specifically appropriated 
for such purpose. The costs for pay and nontravel related allowances 
of members of the Armed Forces (other than members of the reserve 
components called or ordered to active duty to provide support for 
the XXIII Olympiad) may not be charged to appropriations made 
pursuant to this authorization. 
(c) None of the funds appropriated pursuant to the authorization 
contained in this section may be obligated until the President 
approves the justification for the assistance described in subsection 
(a) submitted by the Olympic Law Enforcement Coordination Coun-
cil. The justification shall include an explanation of the necessity for 
the requested support for security, medical services, and for related 
equipment or other support. The justification shall also include the 
operational responsibilities and financial limitations of each govern-
mental agency represented on the Council. Such justification shall 
be presented in such detail as the Secretary of Defense considers 
necessary. 
(d) Upon approval of the justification referred to in subsection (c) 
by the President, a copy of such justification shall be forwarded to 
the Committees on Armed Services and on Appropriations of the 
Senate and the House of Representatives. 
SHELTER FOR THE HOMELESS AT MILITARY INSTALLATIONS 
SEC. 305. (a)(1) Chapter 151 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
10 use 2546. 
"§ 2546. Shelter for homeless; incidental services 
"(a)(1) The Secretary of a military department may make military 
installations under his jurisdiction available for the furnishing of 
shelter to persons without adequate shelter. The Secretary may, 
incidental to the furnishing of such shelter, provide services as 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 629 
described in subsection (b). Shelter and incidental services provided 
under this section may be provided without reimbursement. 
"(2) The Secretary concerned shall carry out this section in cooper-
ation with appropriate State and local governmental entities and 
charitable organizations. The Secretary shall, to the maximum 
extent practicable, use the services and personnel of such entities 
and organizations in determining to whom and the circumstances 
under which shelter is furnished under this section. 
"(b) Services that may be provided incident to the furnishing of 
shelter under this section are the following: 
"(1) Utilities. 
"(2) Bedding. 
"(3) Security. 
"(4) Transportation. 
"(5) Renovation of facilities. 
"(6) Minor repairs undertaken specifically to make suitable 
space available for shelter to be provided under this section. 
"(7) Property liability insurance. 
"(c) Shelter and incidental services may only be provided under 
this section to the extent that the Secretary concerned determines 
will not interfere with military preparedness or ongoing military 
functions. 
"(d) The Secretary of Defense shall prescribe regulations for the 
administration of this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2546. Shelter for homeless; incidental services.". 
(b) Section 2546 of title 10, United States Code, as added by 
subsection (a), shall take effect on October 1,1983. 
TITLE IV—ACTIVE FORCES 
AUTHORIZATION OF END STRENGTHS 
SEC. 401. The Armed Forces are authorized strengths for active 
duty personnel as of September 30,1984, as follows: 
(1) The Army, 780,000. 
(2) The Navy, 564,800. 
(3) The Marine Corps, 196,600. 
(4) The Air Force, 594,500. 
Regulations. 
Effective date. 
10 u s e 2546 
note. 
QUALITY CONTROL ON ENLISTMENTS INTO THE ARMY FOR FISCAL YEAR 
1984 
SEC. 402. Effective on October 1,1983, section 302(a) of the Depart-
ment of Defense Authorization Act, 1981 (Public Law 96-342; 10 
U.S.C. 520 note), is amended by striking out "October 1, 1982" and 
"September 30,1983" and inserting in lieu thereof "October 1,1983" 
and "September 30,1984", respectively. 
Effective date. 
EXTENSION OF AUTHORITY FOR THE TEMPORARY PROMOTIONS OF 
CERTAIN NAVY UEUTENANTS 
SEC. 403. Section 5721(f) of title 10, United States Code, is amended 
by striking out "September 30, 1983" and inserting in lieu thereof 
"September 30,1984". 
97 STAT. 630 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Notification of 
congressional 
committees on 
exceeding limit. 
LIMIT ON FUNDS FOR PERMANENT CHANGE OF STATION (PCS) TRAVEL 
DURING FISCAL YEAR 1984 
SEC. 404. (a)(1) Except as provided in paragraph (2), during fiscal 
year 1984, not more than $2,585,626,000 may be spent from funds 
available to the Department of Defense for permanent change of 
station travel (including all expenses of such travel for organiza-
tional movements). Assignments for temporary duty may not be 
increased in order to circumvent the limitation in the preceding 
sentence. 
(2) The limit on expenditures specified in paragraph (1) may be 
exceeded if the Secretary of Defense notifies the Committees on 
Armed Services and on Appropriations of the Senate and the House 
of Representatives of the need to exceed such limit and identifies the 
source of the funds that will be used for that purpose. 
(b) The Secretary of Defense shall take such steps as are neces-
sary, consistent with the requirements of military readiness, to 
reduce the number of permanent changes of station of members of 
the Armed Forces. Such steps may include— 
(1) reductions to the minimum essential level in the number 
of permanent changes of station required within the continental 
United States; 
(2) extensions of the length of tours of duty overseas in 
locations other than locations that do not allow for accompanied 
tours; and 
(3) reductions in the number of active duty military personnel 
stationed outside the continental United States. 
TITLE V—RESERVE FORCES 
AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE 
10 use 261 note. 
SEC. 501. (a) For fiscal year 1984 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, 425,000. 
(2) The Army Reserve, 273,700. 
(3) The Naval Reserve, 112,600. 
(4) The Marine Corps Reserve, 40,300. 
(5) The Air National Guard of the United States, 103,400. 
(6) The Air Force Reserve, 68,600. 
(7) The Coast Guard Reserve, 12,000. 
Reduction. 
(b) The average strength prescribed by subsection (a) for the 
Selected Reserve of any reserve component shall be proportionately 
reduced by (1) the total authorized strength of units organized to 
serve as units of the Selected Reserve of such component which are 
on active duty (other than for training) at any time during the fiscal 
year, and (2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such compo-
nent who are on active duty (other than for training or for unsatis-
factory participation in training) without their consent at any time 
Increase. 
during the fiscal year. Whenever such units or such individual 
members are released from active duty during any fiscal year, the 
average strength prescribed for such fiscal year for the Selected 
Reserve of such reserve component shall be proportionately 
increased by the total authorized strength of such units and by the 
total number of such individual members. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 631 
AUTHORIZATION OF END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN 
SUPPORT OF THE RESERVES 
SEC. 502. Within the average strengths prescribed in section 501, 
the reserve components of the Armed Forces and the National 
Guard are authorized, as of September 30, 1984, the following 
number of Reserves to be serving on full-time active duty, and 
members of the National Guard to be serving in a full-time duty 
status, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components or the National 
Guard: 
(1) The Army National Guard and the Army National Guard 
of the United States, 18,194. 
(2) The Army Reserve, 9,914. 
(3) The Naval Reserve, 13,846. 
(4) The Marine Corps Reserve, 801. 
(5) The Air National Guard and the Air National Guard of the 
United States, 5,915. 
(6) The Air Force Reserve, 517. 
(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. 
INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON 
ACTIVE DUTY IN SUPPORT OP THE RESERVE COMPONENTS 
SEC. 503. (a) The table in section 517(b) of title 10, United States 
Code, is amended to appear as follows: 
Army 
Navy 
Air Force 
Marine 
Corps 
E-9. 
E-8. 
314 
1,494 
156 
381 
143 
617 
6 
56". 
(b) The table in section 524(a) of such title is amended to appear as 
follows: 
10 u s e 524. 
"Grade 
Army 
Navy 
Air Force 
Marine 
Corps 
Major or Lieutenant Commander 
1,948 
823 
408 
95 
Lieutenant Ctolonel or Commander 
967 
520 
303 
48 
Colonel or Navy Captain 
338 
177 
171 
23" 
(c) The amendments made by subsections (a) and (b) shall take 
effect on October 1,1983. 
Effective date. 
10 u s e 517 note. 
CLARIFICATION OF STATUS OF CERTAIN MEMBERS OF THE NATIONAL 
GUARD SERVING IN A FULL-TIME STATUS 
SEC. 504. (a) Section 502 of the Department of Defense Authoriza-
tion Act, 1983 (Public Law 97-252; 96 Stat. 726), is amended— 
(1) by inserting "and the National Guard" after "the Armed 
Forces"; 
97 STAT. 632 
PUBLIC LAW 98-94—SEPT. 24, 1983 
32 u s e 335. 
10 u s e 265. 
10 u s e 524, 976. 
Legislation, 
submittal to 
congressional 
committees. 
(2) by inserting ", and members of the National Guard to be 
serving in a full-time duty status," after "active duty"; 
(3) by inserting "or the National Guard" after "reserve com-
ponents" the second place it appears; 
(4) by striking out paragraph (1) and inserting in lieu thereof 
the following: 
"(1) The Army National Guard and the Army National Guard 
of the United States, 14,419."; and 
(5) by striking out paragraph (5) and inserting in lieu thereof 
the following: 
"(5) The Air National Guard and the Air National Guard of 
the United States, 5,158.". 
(b)(1) Chapter 3 of title 32, United States Code, is amended by 
adding at the end thereof the following new section: 
"§ 335. Status of certain members performing full-time duty 
"Members of the National Guard serving in a full-time duty 
status for the purpose of organizing, administering, recruiting, in-
structing, or training the National Guard shall be entitled to all 
rights, privileges, and benefits of members called to active duty 
under section 265 of title 10 and shall be considered to be serving on 
active duty for purposes of sections 524(a) and 976 of such title.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"335. Status of certain members performing full-time duty.". 
(c) Not later than November 15, 1983, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a draft of legislation to provide on a 
permanent basis that members of the National Guard described in 
section 335 of title 32, United States Code, as added by subsection (b), 
are under State control except when explicitly ordered to Federal 
service in accordance with law. 
TITLE VI—CIVILIAN PERSONNEL 
Report to 
Congress. 
Direct-hire and 
indirect-hire 
civilian 
personnel. 
AUTHORIZATION OF END STRENGTH 
SEC. 601. (a) The Department of Defense is authorized a strength 
in civilian personnel, as of September 30,1984, of 1,056,200. 
(b) The strength for civilian personnel prescribed in subsection (a) 
shall be apportioned among the Department of the Army, the 
Department of the Navy, the Department of the Air Force, and the 
agencies of the Department of Defense (other than the military 
departments) in such numbers as the Secretary of Defense shall 
prescribe. The Secretary of Defense shall report to the Congress 
within 60 days after the date of enactment of this Act on the 
manner in which the initial allocation of civilian personnel is made 
among the military departments and the agencies of the Depart-
ment of Defense (other than the military departments) and shall 
include the rationale for each allocation. 
(c)(1) In computing the strength for civilian personnel, there shall 
be included all direct-hire and indirect-hire civilian personnel 
employed to perform military functions administered by the 
Department of Defense (other than those performed by the National 
Security Agency) whether employed on a full-time, part-time, or 
intermittent basis, but excluding special employment categories for 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 633 
students and disadvantaged youth such as the stay-in-school cam-
paign, the temporary summer aid program and the Federal junior 
fellowship program and personnel participating in the worker-
trainee opportunity program. 
(2) Personnel employed under a part-time career employment 
program established by section 3402 of title 5, United States Code, 
shall be counted as prescribed by section 3404 of that title. Person-
nel employed in an overseas area on a part-time basis under a 
nonpermanent local-hire appointment who are dependents accompa-
nying a Federal civilian employee or a member of a uniformed 
service on official assignment or tour of duty shall also be counted as 
prescribed by section 3404 of that title. 
(3) Whenever a function, power or duty, or activity is transferred 
or assigned to a department or agency of the Department of Defense 
from a department or agency outside of the Department of Defense, 
or from another department or agency within the Department of 
Defense, the civilian personnel end-strength authorized for such 
departments or agencies of the Department of Defense affected shall 
be adjusted to reflect any increases or decreases in civilian person-
nel required as a result of such transfer or assignment. 
(d) When the Secretary of Defense determines that such action is 
necessary in the national interest, the Secretary of Defense may 
authorize the employment of civilian personnel in excess of the 
number authorized by subsection (a), but such additional number 
may not exceed 2 percent of the total number of civilian personnel 
authorized for the Department of Defense by subsection (a). The 
Secretary of Defense shall promptly notify the Congress of any 
authorization to increase civilian personnel strength under this 
subsection. 
Part-time career 
employees. 
5 u s e 3404. 
Transferred or 
assigned 
functions, 
duties, or 
activities. 
Excess civilian 
personnel. 
Notification of 
Congress. 
CIVIUAN PERSONNEL CEIUNGS ON INDUSTRIALLY FUNDED ACTIVITIES 
DURING FISCAL YEAR 1983 
SEC. 602. In computing the authorized strength for civilian person-
nel prescribed in section 601(a) of the Department of Defense Au-
thorization Act, 1983 (Public Law 97-252; 96 Stat. 727), any increase 
during fiscal year 1983 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. 
TITLE VII—MILITARY TRAINING STUDENT LOADS 
AUTHORIZATION OF TRAINING STUDENT LOADS 
SEC. 701. (a) For fiscal year 1984, the components of the Armed 
Forces are authorized average military training student loads as 
follows: 
(1) The Army, 71,817. 
(2) The Navy, 66,911. 
(3) The Marine Corps, 21,105. 
(4) The Air Force, 49,007. 
(5) The Army National Guard of the United States, 21,105. 
(6) The Army Reserve, 12,724. 
(7) The Naval Reserve, 2,886. 
(8) The Marine Corps Reserve, 3,223. 
(9) The Air National Guard of the United States, 2,845. 
97 STAT. 634 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Ante, pp. 629, 
630, 632. 
(10) The Air Force Reserve, 1,705. 
(b) The average military student loads for the Army, the Navy, 
the Marine Corps, and the Air Force and the reserve components 
authorized in subsection (a) for fiscal year 1984 shall be adjusted 
consistent with the manpower strengths authorized in titles IV, V, 
and VI of this Act. Such adjustment shall be apportioned among the 
Army, the Navy, the Marine Corps, and the Air Force and the 
reserve components in such manner as the Secretary of Defense 
shall prescribe. 
EXTENSION OF REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE 
IN A UNIT OF THE JUNIOR RESERVE OFFICERS' TRAINING CORPS 
SEC. 702. Section 602 of the Department of Defense Authorization 
Act, 1981 (10 U.S.C. 2031 note), is amended by striking out 
"August 31, 1983" and inserting in lieu thereof "August 31, 1984". 
TITLE VIII—CIVIL DEFENSE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 801. There is hereby authorized to be appropriated for fiscal 
year 1984 to carry out the provisions of the Federal Civil Defense 
Act of 1950 (50 U.S.C. App. 2251 et seq.) the sum of $169,000,000. 
AMOUNT AUTHORIZED FOR CONTRIBUTIONS FOR STATE PERSONNEL AND 
ADMINISTRATIVE EXPENSES 
SEC. 802. Notwithstanding the second proviso of section 408 of the 
Federal Civil Defense Act of 1950 (50 U.S.C. App. 2260), $54,000,000 
of the amount authorized to be appropriated by section 801 is 
available for appropriations for contributions to the States under 
section 205 of such Act (50 U.S.C. App. 2286) for personnel and 
administrative expenses. 
TITLE IX—MILITARY COMPENSATION AND HEALTH CARE 
MATTERS 
PART A—PAY AND ALLOWANCES 
37 u s e 1009 
note. 
Effective date. 
PAY INCREASE OF 4 PERCENT FOR MEMBERS OF THE UNIFORMED 
SERVICES 
SEC. 901. (a) The adjustment required by section 1009 of title 37, 
United States Code, in certain elements of the compensation of 
members of the uniformed services to become effective on October 1, 
1983, shall not be made. 
(b)(1) Subject to the provisions of paragraphs (2) and (3), each 
element of compensation specified in section 1009(a) of title 37, 
United States Code, shall be increased for members of the uniformed 
services by 4 percent effective on April 1,1984. 
(2) The increase provided for in paragraph (1) shall not apply to 
enlisted members in pay grade E-1 with less than 4 months active 
duty. 
(3) The President may allocate the percentage increase specified 
under paragraphs (1) and (2) in the same manner and to the same 
extent the President is authorized under subsections (c) and (d) of 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 635 
section 1009 of title 37, United States Code, to allocate any percent-
age increase described in subsection (bX3) of section 1009 of such 
title. 
(c) Notwithstanding the effective date of April 1,1984, prescribed 
in subsection (b) for the increase in compensation of members of the 
uniformed services, if an adjustment is made after the date of the 
enactment of this Act in the Gteneral Schedule of compensation for 
Federal classified employees and such adjustment is to become 
effective before April 1, 1984, the increase in the compensation of 
members of the uniformed services provided for in subsection (b) 
shall become effective on the first day of the first pay period for 
members of the uniformed services which begins on or after the 
effective date of the adjustment made in the compensation of Fed-
eral classified employees. 
Adjustment, 
applicability of 
effective date. 
ADJUSTMENT IN BASIC PAY OF CERTAIN OFFICERS WITH PRIOR ENLISTED 
AND WARRANT OFFICER SERVICE 
SEC. 902. (a) Section 203(d) of title 37, United States Code, is 
amended to read as follows: 
"(d) The basic pay of a commissioned officer who is in pay grade 
0-1, 0-2, or 0-3 and who is credited with a total of over four years* 
active service as a warrant officer or as a warrant officer and 
enlisted member shall be computed in the same manner as the basic 
pay of a commissioned officer in the same pay grade who has been 
credited with over four years' active service as an enlisted 
member.". 
(b) The amendment made by subsection (a) shall take effect on 
October 1,1983. 
Effective date. 
37 u s e 203 note. 
HAZARDOUS 
DUTY 
PAY 
FOR 
CERTAIN 
TOXIC 
FUEL 
HANDLERS 
SEC. 903. (a) Section 301(aK12) of title 37, United States Code, is 
amended by inserting "or the testing of aircraft or missile systems 
(or components of such systems) during which highly toxic fuels or 
propellants are used" after "propellants". 
(b) The amendment made by subsection (a) shall take effect on 
October 1,1983. 
Effective date. 
37 u s e 301 note. 
EXTENSION OF SPECIAL PAY FOR CERTAIN AVIATION CAREER OFFICERS 
SEC. 904. (aXD Section 301b(e) of title 37, United States Code, is 
amended by striking out paragraph (2) and inserting in lieu thereof 
the following: 
"(2) During the period beginning on October 1, 1983, and ending 
on September 30, 1984, onlj' agreements executed by officers of the 
Navy or Marine Corps who are pilots may be accepted under this 
section. 
"(3) During the period beginning on October 1, 1983, and ending 
on September 30,1984, only an agreement— 
"(A) that is executed by an officer who— 
"(i) has at least six but less than eleven years of active 
duty; 
"(ii) has completed the minimum service required for 
aviation training; and 
"(iii) has not previously been paid special pay authorized 
by this section; and 
97 STAT. 636 
PUBLIC LAW 98-94—SEPT. 24, 1983 
"(B) that requires the officer to remain on active duty in 
aviation service for either three or four years; 
may be accepted under this section. An officer from whom an 
agreement is accepted during such period may be paid an amount 
not to exceed $4,000 for each year covered by that agreement if that 
officer agrees to remain on active duty for three years or an amount 
not to exceed $6,000 for each year covered by that agreement if that 
officer agrees to remain on active duty for four years. An agreement 
that requires an officer to remain on active duty in aviation service 
for six years may also be accepted during such period if the officer 
meets the requirements of clause (A) of this paragraph and the 
officer has completed less than seven years of active duty. An officer 
from whom such an agreement is accepted may be paid an amount 
not to exceed $6,000 for each year covered by the agreement. 
"(4) An officer may not receive incentive pay under section 301 of 
37 use 301. 
this title for the performance of hazardous duty for any period of 
service which the officer is obligated to serve pursuant to an agree-
ment entered into under this section.". 
37 use 301b. 
(2) Section 301b(f) of such title is amended by striking out "Sep-
tember 30,1982" and inserting in lieu thereof "September 30,1984*'. 
37 use 301b 
(b)(1) It is the sense of the Congress that eligibility for special pay 
"°*®- 
for aviation career officers under section 301b of title 37, United 
States Code, should be made available only to officers who will likely 
be induced to remain on active duty in aviation service by receipt of 
the special pay. 
Written report 
(2) The Secretary of the Navy shall submit to the Congress not 
to Congress. 
j^^gj. H^QJ^ July 1, 1984, a written report, approved by the Secretary 
of Defense, on the payment of special pay for aviation career officers 
under section 301b of title 37, United States Code, since the date of 
the enactment of this Act. Such report shall include— 
(A) a list of the specific aviation specialties by aircraft type 
determined to be critical for purposes of the payment of special 
pay under such section since the date of the enactment of this 
Act; 
(B) the number of officers within each critical aviation spe-
cialty who received the special pay under such section since the 
date of the enactment of this Act by grade, years of prior active 
service, and amounts of special pay received under such section; 
(C) an explanation and justification for the Secretary's desig-
nation of an aviation specialty as "critical" and for the payment 
of special pay under section 301b of such title to officers who 
have more than eight years of prior active service and who are 
serving in pay grade 0-4 or above, if payment of such pay was 
made to such officers; and 
(D) an evaluation of the progress made since the date of the 
enactment of this Act toward eliminating shortages of aviators 
in the aviation specialties designated by the Secretary as 
critical. 
HOSTILE FIRE PAY FOR MEMBERS SERVING IN AREAS THREATENING 
IMMINENT DANGER 
SEC. 905. (a) Section 310(a) of title 37, United States Code, is 
amended— 
(1) by striking out "or" at the end of clause (2); 
(2) by striking out the period at the end of clause (3) and 
inserting in lieu thereof "; or"; and 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 637 
(3) by inserting after clause (3) the following new clause: 
"(4) was on duty in a foreign area in which he was subject to 
the threat of physical harm or imminent danger on the basis of 
civil insurrection, civil war, terrorism, or wartime conditions.". 
(b)(1) The heading of section 310 of such title is amended to read as 
follows: 
"§310. Special pay: duty subject to hostile Hre or imminent 
danger". 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 5 of such title is amended to read as follows: 
"310. Special pay: duty subject to hostile fire or imminent danger.". 
(c) The amendments made by this section shall take effect on 
October 1,1983. 
37 u s e 310. 
Effective date. 
37 u s e 310 note. 
FREEZE OF VARIABLE HOUSING ALLOWANCE AT FISCAL YEAR 1983 RATES 
SEC. 906. During fiscal year 1984, the rates at which the variable 
housing allowance under section 403(a)(2) of title 37, United States 
Code, is paid shall be the same as the rates in effect on 
September 30,1983. 
37 u s e 403 note. 
VARIABLE HOUSING ALLOWANCE FOR RESERVES ON ACTIVE DUTY FOR A 
PERIOD OF 140 DAYS OR MORE 
SEC. 907. (a) Section 403(a)(2) of title 37, United States Code, is 
amended— 
(1) by striking out "A member" in the first sentence of 
subparagraph (A) and inserting in lieu thereof "Except as pro-
vided in subparagraph (D) of this paragraph, a member"; and 
(2) by adding at the end thereof the following new subpara-
graph: 
"(D) A member of a reserve component is not entitled to a variable 
housing allowance while on active duty under a call or order to 
active duty specifying a period of less than 140 days.". 
(b) The amendments made by subsection (a) shall apply only with 
respect to members called or ordered to active duty after 
September 30,1983. 
37 u s e 403 note. 
CLARIFICATION OF RULES FOR PAYMENT OF PER DIEM 
SEC. 908. (a) Section 402(e) of title 37, United States Code, is 
(1) by inserting "(1)" after "(e)"; and 
(2) by adding at the end thereof the following new paragraph: 
"(2) For purposes of subsection (b) of this section, a member shall 
not be considered to be performing travel under orders away from 
his designated post of duty if such member— 
"(A) is an enlisted member serving his first tour of active 
duty; 
"(B) has not actually reported to a permanent duty station 
pursuant to orders directing such assignment; and 
"(C) is not actually traveling between stations pursuant to 
orders directing a change of station.", 
(b) Section 404(f) of such title is amended by adding at the end 
thereof the following new paragraph: 
37 u s e 404. 
97 STAT. 638 
PUBLIC LAW 98-94—SEPT. 24, 1983 
"(3) For purposes of entitlement to per diem in place of subsist-
ence under subsection (d)(2) of this section, a member shall not be 
considered under subsection (a)(1) of this section to be performing 
travel under orders away from his designated post of duty if such 
member— 
"(A) is an enlisted member serving his first tour of active 
duty; 
"(B) has not actually reported to a permanent duty station 
pursuant to orders directing such assignment; and 
"(C) is not actually traveling between stations pursuant to 
orders directing a change of station.". 
CLARIFICATION OF ALLOWANCE FOR TRANSPORTATION OF MOTOR 
VEHICLE 
SEC. 909. Section 406(b)(1) of title 37, United States Code, is 
amended— 
(1) by inserting "(A)" before "Except as provided in paragraph 
(2)"; 
(2) by striking out the third and fourth sentences; and 
(3) by adding at the end thereof the following: 
"(B) Subject to uniform regulations prescribed by the Secretaries 
concerned, in the case of a permanent change of station in which the 
Secretary concerned has authorized transportation of a motor vehi-
10 use 2634. 
cle under section 2634 of title 10 (except when such transportation is 
authorized from the old duty station to the new duty station), the 
member is entitled to a monetary allowance for transportation of 
that motor vehicle— 
"(i) from the old duty station to— 
"(I) the customary port of embarkation which is nearest 
the old duty station if delivery of the motor vehicle to the 
port of embarkation is not made in conjunction with the 
member's travel to the member's port of embarkation; or 
"(II) the customary port of embarkation which is nearest 
to the member's port of embarkation if delivery of the 
motor vehicle to the port of embarkation is made in con-
junction with the member's travel to the member's port of 
embarkation; 
whichever is most cost-effective for the Government considering 
all operational, travel, and transportation requirements inci-
dent to such change of station; and 
"(ii) from the customary port of debarkation which has been 
designated by the Government as most cost-effective for the 
Government considering all operational, travel, and transporta-
tion requirements incident to such change of station to the new 
duty station. 
Such monetary allowance shall be established at a rate per mile 
that does not exceed the rate established under section 404(d)(1) of 
37 use 404. 
this title.". 
TRANSPORTATION FOR DEPENDENT CHILDREN ATTENDING SCHOOL IN 
THE UNITED STATES WHEN THE MEMBER-PARENT IS STATIONED OVER-
SEAS 
SEC. 910. (a)(1) Chapter 7 of title 37, United States Code, is 
amended by inserting after section 429 the following new section: 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 639 
*
*
§ 430. Travel and transportation: dependent children of members 3
7 use 430. 
stationed overseas 
"(a) Under regulations to be prescribed by the Secretary of Regulations. 
Defense, a member of a imiformed service who— 
"(1) is assigned a permanent duty station outside the United 
States, 
"(2) is accompanied by his dependents at or near his oversea 
duty station (unless his only dependents are in the cat^ory of 
dependent described in clause (3) of this subsection), and 
"(3) has a dependent child who is under 23 years of age 
attending a school in the United States for the purpose of 
obtaining a secondary or undergraduate college education, 
may be paid the allowance set forth in subsection (b) of this section 
if he otherwise qualifies for such allowance. 
"(b) A member described in subsection (a) of this section may be 
paid a transportation allowance for each unmarried dependent 
child, who is under 23 years of age and is attending a school in the 
United States for the purpose of obtaining a secondary or under-
graduate college education, of one annual trip between the school 
being attended and the member's duty station in the oversea area 
and return. The allowance authorized by this section may be trans-
portation in kind or reimbursement therefor, as prescribed by the 
Secretaries concerned. However, the transportation authorized by 
this section may not be paid a member for a child attending a school 
in the United States for the purpose of obtaining a secondary 
education if the child is eligible to attend a secondary school for 
dependents that is located at or in the vicinity of the duty station of 
the member and is operated under the Defense Dependents' Educa-
tion Act of 1978. 
20 use 921 note. 
"(c) Whenever possible, the Military Airlift Command or Military 
Seal^ Command shall be used, on a space-required basis, for the 
travel authorized by this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"430. Travel and transportation: dependent children of members stationed over-
seas.". 
(b) Section 430 of title 37, United States Code, as added by 3
7 use 430 note. 
subsection (a), shall apply only with respect to travel begun after 
September 30,1983. 
CLARIFICATION OF EUGIBIUTY FOR SEPARATION PAY 
SEC. 911. (a) Subsection (c) of section 1174 of title 10, United States 
Code, is amended to read as follows: 
"(cXD Except as provided in paragraphs (2) and (3), a member of 
an armed force other than a regular member who after Septem-
ber 14,1981, is discharged or released from active duty and who has 
completed five or more, but fewer than 20, years of active service 
immediately before that discharge or release is entitled to separa-
tion pay computed under subsection (dXD or (dX2), as determined by 
the Secretary concerned, i
f
— 
"(A) the member's discharge or release from active duty is 
involuntary; or 
"(B) the member was not accepted for an additional tour of 
active duty for which he volunteered. 
97 STAT. 640 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Effective date. 
10 u s e 1174 
note. 
"(2) If the Secretary concerned determines that the conditions 
under which a member described in paragraph (1) is discharged or 
separated do not warrant separation pay under this section, that 
member is not entitled to that pay. 
"(3) A member described in paragraph (1) who was not on the 
active-duty Hst when discharged or separated is not entitled to 
separation pay under this section unless such member had com-
pleted at least five years of continuous active duty immediately 
before such discharge or release. For purposes of this paragraph, a 
period of active duty is continuous if it is not interrupted by a break 
in service of more than 30 days.". 
(b) Subsection (g)(2) of such section is amended by inserting ", 
other than section 1212 of this title," after "any other provision of 
law". 
(c) The amendments made by this section shall take effect on 
October 1,1983. 
10 u s e 7572 
note. 
REIMBURSEMENTS FOR ACCOMMODATIONS IN PLACE OF QUARTERS 
SEC. 912. (a) Paragraph (3) of section 7572(b) of title 10, United 
States Code, is amended to read as follows: 
"(3) The total amount of reimbursement under this subsection 
may not exceed $9,000,000 for fiscal year 1981, $6,300,000 for fiscal 
year 1982, $1,700,000 for fiscal year 1983, and $1,300,000 for fiscal 
year 1984.". 
(b) Section 3 of Public Law 96-357 (94 Stat. 1182; 10 U.S.C. 7572 
note) is amended by striking out "September 30,1982" and inserting 
in lieu thereof "September 30,1984". 
10 use 1040. 
10 use 1036 
note. 
ADVANCE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR ESCORTS AND ATTENDANTS OF DEPENDENTS 
SEC. 913. (a) Section 1036 of title 10, United States Code, is 
amended by adding at the end thereof the following new sentence: 
"Such allowances may be paid in advance.". 
(b) The last sentence of section 1040(a) of such title is amended by 
inserting ", and such expenses may be paid in advance" after 
"attendants". 
(c) The amendments made by subsections (a) and (b) shall apply to 
travel performed by escorts or attendants of dependents on or after 
the date of the enactment of this Act. 
PART B—RETIRED PAY MATTERS 
10 u s e 1401a 
note. 
UMITATION ON APPUCABIUTY OF ONE YEAR LOOK-BACK PROVISION 
SEC. 921. (aXD Subsection (e) of section 1401a of title 10, United 
States Code, is repealed. 
(2)(A) Notwithstanding the repeal of such subsection, the provi-
sions of such subsection shall apply in the case of any member or 
former member of the Armed Forces eligible to retire on the date of 
the enactment of this Act for a period of three years after such date 
in the same manner such provisions would have applied had they 
not been repealed. 
(B) The amount of retired or retainer pay of any member or 
former member of the Armed Forces who was eligible to retire on 
the date of the enactment of this Act and who becomes entitled to 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 641 
10 u s e 1402a. 
such pay at any time after the end of the three-year period begin-
ning on the date of the enactment of this Act may not be less than it 
would have been had he become entitled to retired or retainer pay 
on the day before the end of such three-year period. 
(b) Subsection (f) of such section is amended by striking out ", 
subject to subsection (e) of this section," in the second sentence. 
ROUNDING OF RETIRED PAY AND SURVIVOR ANNUITIES TO NEXT LOWER 
WHOLE DOLLAR AMOUNT 
SEC. 922. (a)(1) Section 1401 of title 10, United States Code, is 
amended by inserting after the second sentence the following new 
sentence: "The amount computed, if not a multiple of $1, shall be 
rounded to the next lower multiple of $1.". 
(2) Section 1401a of such title is amended by adding at the end lo use I40ia. 
thereof the following new subsection: 
"(g) Retired or retainer pay of a member or former member of an 
armed force as adjusted under this section, if not a multiple of $1, 
shall be rounded to the next lower multiple of $1.". 
(3) Section 1402(a) of such title is amended by striking out "as lo use 1402. 
follows:" in the first sentence and inserting in lieu thereof "accord-
ing to the following table. The amount recomputed, if not a multiple 
of $1, shall be rounded to the next lower multiple of $1.". 
(4) Section 1402(d) of such title is amended by striking out "as 
follows:" in the first sentence and inserting in lieu thereof "accord-
ing to the following table. The amount computed, if not a multiple of 
$1, shall be rounded to the next lower multiple of $1.". 
(5) Section 1402a(a) of such title is amended by striking out "as 
follows:" and inserting in lieu thereof "according to the following 
table. The amount recomputed, if not a multiple of $1, shall be 
rounded to the next lower multiple of $1.". 
(6) Section 1402a(d) of such title is amended by striking out "as 
follows:" and inserting in lieu thereof "according to the following 
table. The amount computed, if not a multiple of $1, shall be 
rounded to the next lower multiple of $1.". 
(7) Section 3991 of such title is amended by inserting after the l
O U
S
C 3991. 
second sentence the following new sentence: "The amount com-
puted, if not a multiple of $1, shall be rounded to the next lower 
multiple of $1.". 
(8) Section 3992 of such title is amended by inserting after the l
O use 3992. 
sentence preceding the table the following new sentence: "The 
amount recomputed, if not a multiple of $1, shall be rounded to the 
next lower multiple of $1.". 
(9) Section 6151 of such title is amended by adding at the end l
O use 6151. 
thereof the following new subsection: 
"(e) Retired pay computed under subsection (b) or (c), if not a 
multiple of $1, shall be rounded to the next lower multiple of $1.". 
(10)(A) Chapter 571 of such title is amended by adding at the end 
thereof the following new section: 
"§ 6333. Treatment of fractions of dollar amounts in computing lo use 6333. 
retired and retainer pay 
"Retired or retainer pay computed under this chapter, if not a 
multiple of $1, shall be rounded to the next lower multiple of $1.". 
(B) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
11-194 0 - 8 5 
— 22 
QL 3 
97 STAT. 642 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 use 6383. 
10 use 8991. 
10 use 8992. 
10 use 1437. 
10 use 1451. 
33 use 853o. 
42 use 211. 
Effective date. 
10 use 1401 
note. 
"6333. Treatment of fractions of dollar amounts in computing retired and retainer 
pay". 
(11) Section 6383 of such title is amended by adding at the end 
thereof the following new subsection: 
"(k) Retired pay computed under subsection (c), if not a multiple of 
$1, shall be rounded to the next lower multiple of $1.". 
(12) Section 8991 of such title is amended by inserting after the 
second sentence the following new sentence: "The amount com-
puted, if not a multiple of $1, shall be rounded to the next lower 
multiple of $1.". 
(13) Section 8992 of such title is amended by inserting after the 
sentence preceding the table the following new sentence: "The 
amount recomputed, if not a multiple of $1, shall be rounded to the 
next lower multiple of $1.". 
(14)(A) Section 1437(a) of such title is amended by adding at the 
end thereof the following new sentence: "The monthly amount of an 
annuity payable under this subchapter, if not a multiple of $1, shall 
be rounded to the next lower multiple of $1.". 
(B) Section 1451 of such title is amended by adding at the end 
thereof the following new subsection: 
"(e) The monthly amount of an annuity payable under this sub-
chapter, if not a multiple of $1, shall be rounded to the next lower 
multiple of $1.". 
(b) Section 423(a) of title 14, United States Code, is amended by 
adding at the end thereof the following new sentence: "Retired pay, 
if not a multiple of $1, shall be rounded to the next lower multiple of 
$1.". 
(c) Section 16(a) of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 (33 U.S.C. 853o) is amended by adding at the 
end thereof the following new sentence: "Retired pay, if not a 
multiple of $1, shall be rounded to the next lower multiple of $1.". 
(d) Section 211(a) of the Public Health Service Act (42 U.S.C. 
212(a)) is amended by adding at the end thereof the following new 
paragraph: 
"(7) Retired pay computed under section 210(g)(3) or under para-
graph (4) or (5) of this subsection, if not a multiple of $1, shall be 
rounded to the next lower multiple of $1.". 
(e) The amendments made by this section shall take effect on 
October 1,1983. 
TERMINATION OF SIX-MONTH ROUNDING RULE FOR COMPUTING RETIRED 
PAY 
10 use 1402. 
10 use 1402a. 
10 use 3991. 
SEC. 923. (a)(1) The text of each of the footnotes listed in paragraph 
(2) is amended to read £is follows: "Before applying percentage 
factor, credit each full month of service that is in addition to the 
number of full years of service creditable to the member as one-
twelfth of a year and disregard any remaining fractional part of a 
month.". 
(2) The footnotes referred to in paragraph (1) are the following: 
(A) Footnote 3 of the table in section 1401 of title 10, United 
States Code. 
(B) Footnote 2 of the table in section 1402(a) of such title. 
(C) Footnote 1 of the table in section 1402(d) of such title. 
(D) Footnote 1 of the table in section 1402a(a) of such title. 
(E) Footnote 1 of the table in section 1402a(d) of such title. 
(F) Footnote 4 of the table in section 3991 of such title. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 643 
(G) Footnote 2 of the table in section 3992 of such title, lo use 3992. 
(H) Footnote 4 of the table in section 8991 of such title. 1
0 use 8991. 
(I) Footnote 2 of the table in section 8992 of such title. 1
0 use 8992. 
(b) Subsection (f) of section 1174 of title 10, United States Code, is 
amended to read as follows: 
"(f) In determining a member's years of active service for the 
purpose of computing separation pay under this section, each full 
month of service that is in addition to the number of full years of 
service creditable to the member is counted as one-twelfth of a year 
and any remaining fractional part of a month is disregarded.". 
(cXD Paragraph (2) of section 6151(b) of such title is amended to 1
0 use 6i5i. 
read as follows: 
"(2) In determining the number of years to be used as a multiplier 
under this subsection, each full month of service that is in addition 
to the number of full years of service creditable to a member is 
counted as one-twelfth of a year and £iny remaining fractional part 
of a month is disregarded.". 
(2) The text of section 6328 of such title is amended to read as 1
0 use 6328. 
follows: 
"In determining the total number of years of service to be used as 
a multiplier in computing the retired pay of officers retiring under 
this chapter, each full month of service that is in addition to the 
number of full years of service creditable to an officer is counted as 
one-twelfth of a year and any remaining fractional part of a month 
is disregarded.". 
(3) The first sentence of section 6330(d) of such title is amended to 1
0 use 6330. 
read as follows: "For the purposes of subsection (c), each full month 
of service that is in addition to the number of full years of service 
creditable to a member is counted as one-twelfth of a year and any 
remaining fractional part of a month is disregarded.". 
(4) The text of section 6404 of such title is amended to read as 1
0 use 6404. 
follows: 
"In determining the total number of years of service to be used as 
a multiplier in computing retired pay and separation pay on dis-
charge under this chapter, each full month of service that is in 
addition to the number of full years of service creditable to a 
member is counted as one-twelfth of a year and any remaining 
fractional part of a month is disregarded.". 
(d) The fourth sentence of section 423(a) of title 14, United States 
Code, is amended to read as follows: "In computing the number of 
years of service bj^ which the rate of V-k percent is multiplied, each 
full month of service that is in addition to the number of full years 
of service creditable to a member is counted as one-twelfth of a year 
and any remaining fractional part of a month is disregarded.". 
(e) Subsection (b) of section 16 of the Coast and Geodetic Survey 
Commissioned Officers' Act of 1948 (33 U.S.C. 853o) is amended to 33 use 853o. 
read as follows: 
"(b) In computing the number of years of service of an officer for 
the purposes of subsection (a), each full month of service that is in 
addition to the number of full years of service creditable to a 
member is counted as one-twelfth of a year and any remaining 
fractional part of a month is disregarded.". 
(f) Section 211(e) of the Public Health Service Act (42 U.S.C. 212(e)) 
is amended by striking out "a part of and all that follows and 
inserting in lieu thereof "each full month of service that is in 
addition to the number of full years of service credited to an officer 
97 STAT. 644 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 u s e 1174 
note. 
10 u s e 1331 
note. 
is counted as one-twelfth of a year and any remaining fractional 
part of a month is disregarded.". 
(g) The amendments made by this section shall apply with respect 
to (1) the computation of retired or retainer pay of any individual 
who becomes entitled to that pay after SeptemtJer 30,1983, and (2) 
the recomputation of retired pay under section 1402,1402a, 3992, or 
8992 of title 10, United States Code, of any individual who after 
September 30, 1983, becomes entitled to recompute retired pay 
under any such section. 
RETIRED PAY FOR CERTAIN OTHERWISE INEUGIBLE RESERVISTS 
SEC. 924. (a) Section 1331(c) of title 10, United States Code, relating 
to retired pay for nonregular service, is amended by striking out 
"unless he' the first place it appears and all that follows in such 
section and inserting in lieu thereof "unless— 
"(1) he performed active duty after April 5, 1917, and before 
November 12, 1918, or after September 8, 1940, and before 
January 1,1947; or 
"(2) he performed active duty (other than for training) after 
June 26, 1950, and before July 28, 1953, after August 13, 1961, 
and before May 31, 1963, or after August 4, 1964, and before 
March 28,1973.". 
(b) The amendment made by subsection (a) shall apply with 
respect to retired pay payable for months beginning after 
September 30, 1983, or the date of the enactment of this Act, 
whichever is later. 
10 u s e 1461. 
"Military 
retirement and 
survivor benefit 
programs." 
ACCRUAL FUNDING FOR MILITARY RETIREMENT SYSTEM 
SEC. 925. (a)(1) Title 10, United States Code, is amended by insert-
ing after chapter 73 the following new chapter: 
"CHAPTER 74—DEPARTMENT OF DEFENSE MILITARY 
RETIREMENT FUND 
"Sec. 
"1461. Establishment and purpose of Fund; definition. 
"1462. Assets of Fund. 
"1463. Payments from the Fund. 
"1464. Board of Actuaries. 
"1465. Determination of contributions to the Fund. 
"1466. Payments into the Fund. 
"1467. Investment of assets of Fund. 
"§ 1461. Establishment and purpose of Fund; definition 
"(a) There is established on the books of the Treasury a fund to be 
known as the Department of Defense Military Retirement Fund 
(hereinafter in this chapter 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 on an 
actuarially sound basis liabilities of the Department of Defense 
under military retirement and survivor benefit programs. 
"(b) In this chapter, 'military retirement and survivor benefit 
programs' means— 
"(1) the provisions of this title creating entitlement to, or 
determining the amount of, retired or retainer pay; and 
"(2) the programs under the jurisdiction of the Department of 
Defense providing annuities for survivors of members and 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 645 
former members of the armed forces, including chapter 73 of 
this title, section 4 of Public Law 92-425, and section 5 of Public 
Law 96-402. 
"§1462. Assets of Fund 
"There shall be deposited into the Fund the following, which shall 
constitute the assets of the Fund: 
"(1) Amounts paid into the Fund under section 1466 of this 
title. 
"(2) Any amount appropriated to the Fund. 
"(3) Any return on investment of the assets of the Fund. 
"§ 1463. Payments from the Fund 
"(a) There shall be paid from the Fund— 
"(1) retired pay payable to persons on the retired lists of the 
Army, Navy, Air Force, and Marine Corps; 
"(2) retainer pay payable to members of the Fleet Reserve and 
Fleet Marine Corps Reserve; and 
"(3) benefits payable under programs under the jurisdiction of 
the Department of Defense that provide annuities for survivors 
of members and former members of the armed forces, including 
chapter 73 of this title, section 4 of Public Law 92-425, and 
section 5 of Public Law 96-402. 
"(b) The assets of the Fund are hereby made avEiilable for pay-
ments under subsection (a). 
"§ 1464. Board of Actuaries 
"(a)(1) There is established in the Department of Defense a De-
partment of Defense Retirement Board of Actuaries (hereinafter in 
this chapter referred to as the 'Board'). The Board shall consist of 
three members, who shall be appointed by the President from 
among qualified professional actuaries who are members of the 
Society of Actuaries. 
"(2)(A) Except as provided in subparagraph (B), the members of 
the Board shall serve for a term of 15 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 President for misconduct or failure to perform 
functions vested in the Board, and for no other reason. 
"(B) Of the members of the Board who are first appointed under 
this subsection, one each shall be appointed for terms ending five, 
ten, and fifteen years, respectively, after the date of appointment, as 
designated by the President at the time of appointment. 
"(3) 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 
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. 
"(b) The Board shall report to the Secretary of Defense annually 
on the actuarial status of the Fund and shall furnish its advice and 
opinion on matters referred to it by the Secretary. 
10 use 1431 et 
seq., 1448 notes. 
10 use 1462. 
10 use 1463. 
10 use 1431 et 
seq. 
10 use 1448 
notes. 
10 use 1464. 
Membership. 
Term of office. 
Removal. 
Pay and per 
diem allowance. 
5 use 5331. 
5 use 5703. 
Annual report to 
Defense 
Secretary. 
97 STAT. 646 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Review. 
Post, p. 647; 96 
Stat. 1049. 
10 u s e 1465. 
Original 
unfunded 
liability. 
96 Stat. 908. 
Actuarial 
valuation. 
96 Stat. 1049. 
"(c) The Board shall review valuations of the Fund under section 
1466 of this title and under chapter 95 of title 31 and shall report 
periodically, not less than once every four years, to the President 
and Congress on the status of the Fund. The Board shall include in 
such reports recommendations for such changes as in the Board's 
judgment are necessary to protect the public interest and maintain 
the Fund on a sound actuarial basis. 
"§ 1465. Determination of contributions to the Fund 
"(a) Not later than six months after the Board of Actuaries is first 
appointed, the Board shall determine the amount that is the present 
value (as of October 1, 1984) of future benefits payable from the 
Fund that are attributable to service in the armed forces performed 
before October 1,1984. That amount is the original unfunded liabil-
ity of the Fund. The Board shall determine the period of time over 
which the original unfunded liability should be liquidated and shall 
determine an amortization schedule for the liquidation of such 
liability over that period. Contributions to the Fund for the liquida-
tion of the original unfunded liability in accordance with such 
schedule shall be made as provided in section 1466(b) of this title. 
"(b)(1) The Secretary of Defense shall determine each year, in 
sufficient time for inclusion in budget requests for the following 
fiscal year, the total amount of Department of Defense contributions 
to be made to the Fund during that fiscal year under section 1466(a) 
of this title. That amount shall be determined as the product o
f
— 
"(A) the current estimate of the value of the single level 
percentage of basic pay to be determined at the time of the next 
actuarial valuation under subsection (c); and 
"(B) the total amount of basic pay expected to be paid during 
that fiscal year to members of the armed forces (other than the 
Coast Guard) on active duty or in the Selected Reserve. 
"(2) The amount determined under paragraph (1) for any fiscal 
year is the amount needed to be appropriated to the Department of 
Defense for that fiscal year for payments to be made to the Fund 
during that year under section 1466(a) of this title. The President 
shall include not less than the full amount so determined in the 
budget transmitted to Congress for that fiscal year under section 
1105 of title 31. The President may comment and make recommen-
dations concerning any such amount. 
"(c)(lXA) Not less often than every four years, the Secretary of 
Defense shall carry out an actuarial valuation of Department of 
Defense military retirement and survivor benefit programs. Each 
actuarial valuation of such programs shall include a determination 
(using the aggregate entry-age normal cost method) of a single level 
percentage of basic pay to be used for the purposes of subsection (b) 
and section 1466(a) of this title. 
"(2) If at the time of any such valuation (or any valuation carried 
out in order to comply with chapter 95 of title 31) there has been a 
change in benefits under a military retirement or survivor benefit 
program that has been made since the last such valuation and such 
change in benefits increases or decreases the present value of 
amounts payable from the Fund, the Secretary of Defense shall 
determine an amortization methodology and schedule for the amor-
tization of the cumulative unfunded liability (or actuarial gain to 
the Fund) created by such change and any previous such changes so 
that the present value of the sum of the amortization pajrments (or 
reductions in payments that would otherwise be made) equals the 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 647 
cumulative increase (or decrease) in the present value of such 
amounts. 
"(3) If at the time of any such valuation (or any valuation carried 
out in order to comply with chapter 95 of title 31) the Secretary of 
96 Stat. 1049. 
Defense determines that, based upon changes in actuarial assump-
tions 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 amortization of the cumulative 
gain or loss to the Fund created by such change in assumptions and 
any previous such changes in assumptions through an increase or 
decrease in the payments that would otherwise be made to the 
Fund. 
"(4) Contributions to the Fund in accordance with amortization 
schedules under paragraphs (2) and (3) shall be made as provided in 
section 1466(b) of this title. 
"(d) All determinations under this section 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. 
"(e) The Secretary of Defense shall provide for the keeping of such 
Recordkeeping. 
records as are necessary for determining the actuarial status of the 
Fund. 
"§ 1466. Payments into the Fund 
lo use 1466 
"(a) The Secretary of Defense shall pay into the Fund at the end of 
each month as the Department of Defense contribution to the Fund 
for that month the amount that is the product of^ 
"(1) the level percentage of basic pay determined under the 
most recent (as of the first day of the current fiscal year) 
actuarial valuation under section 1465(c) of this title; and 
"(2) the total amount of basic pay paid that month to mem-
bers of the armed forces (other than the Coast Guard) on active 
duty or in the Selected Reserve. 
Amounts paid into the Fund under this subsection shall be paid 
from funds available for the pay of members of the armed forces 
under the jurisdiction of the Secretary of a military department. 
"(b)(1) At the beginning of each fiscal year the Secretary of the 
Treasury shall promptly pay into the Fund from the General Fund 
of the Treasury the amount certified to the Secretary by the Secre-
tary of Defense under paragraph (3). Such payment shall be the 
contribution to the Fund for that fiscal year required by sections 
1465(a) and 1465(c) of this title. 
"(2) At the beginning of each fiscal year the Secretary of Defense 
shall determine the sum of the following: 
"(A) The amount of the payment for that year under the 
amortization schedule determined by the Board of Actuaries 
under section 1465(a) of this title for the amortization of the 
original unfunded liability of the Fund. 
"(B) The amount (including any negative amount) for that 
year under the most recent amortization schedule determined 
by the Secretary of Defense under section 1465(c)(2) of this title 
for the amortization of any cumulative unfunded liability (or 
any gain) to the Fund resulting from changes in benefits. 
"(C) The amount (including any negative amount) for that 
year under the most recent amortization schedule determined 
by the Secretary of Defense under section 1465(c)(3) of this title 
97 STAT. 648 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 use 1467. 
Effective dates. 
10 use 1464 
note. 
10 use 1463 
note. 
10 use 1462 
note. 
for the amortization of any cumulative actuarial gain or loss to 
the Fund. 
"(3) The Secretary of Defense shedl promptly certify the amount 
determined under paragraph (2) each year to the Secretary of the 
Treasury. 
"§ 1467. Investment of assets of Fund 
"The Secretary of the Treasury shall invest such portion of the 
Fund as is not in the judgment of the Secretary of Defense 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 of Defense, and bearing interest at 
rates determined by the Secretary of the Treasury, taking into 
consideration current market yields on outstanding marketable obli-
gations 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 tables of chapters at the beginning of subtitle A, and at the 
beginning of part II of subtitle A, of title 10, United States Code, are 
amended by inserting after the item relating to chapter 73 the 
following new item: 
"74. Department of Defense Military Retirement Fund 
1461". 
(b)(1) Section 1464 (relating to the Board of Actuaries) of title 10, 
United States Code, as added by subsection (a), shall take effect on 
October 1,1983. 
(2) Sections 1463 (relating to payments from the Fund) and 1466 
(relating to pa3niients to the Fund) of title 10, United States Code, as 
added by subsection (a), shall take effect on October 1,1984. 
(3) There shall be transferred into the Fund on October 1, 1984, 
any unobligated balances of appropriations made to the Department 
of Defense that are currently available for retired pay, and amounts 
so transferred shall be part of the assets of the Fund. 
PART C—HEALTH-CARE MATTERS 
CHAMPUS PROVISIONS 
SEC. 931. (a) Section 1079 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking out the period at the end of clause (5) and 
inserting in lieu thereof "; and"; and 
Inpatient mental 
(B) by inserting after such clause the following new 
health services. 
claUSC: 
"(6) inpatient mental health services may not (except as 
provided in subsection (i)) be provided to a patient in excess of 
60 days in any year."; and 
(2) by adding at the end thereof the following new subsections: 
"(i) The limitation in subsection (a)(6) does not apply in the case of 
inpatient mental health services— 
"(1) provided under the program for the hemdicapped under 
subsection (d); 
"(2) provided as residential treatment care; 
"(3) provided as partial hospital care; or 
"(4) provided pursuant to a waiver authorized by the Secre-
tary of Defense because of extraordinary medical or psychologi-
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 649 
cal circumstances that are confirmed by review by a non-
Federal health professional pursuant to regulations prescribed 
by the Secretary of Defense. 
"(jXD A benefit may not be paid under a plan covered by this 
section in the case of a person enrolled in any other insurance, 
medical service, or health plan to the extent that the benefit is also 
a benefit under the other plan, except in the case of a plan adminis-
tered under title XIX of the Social Security Act (42 U.S.C. 1396 et 
seq.). 
"(2)(A) The amount to be paid to a provider of services for services 
provided under a plan covered by this section may be determined 
under joint regulations to be prescribed by the Secretary of Defense 
and the Secretary of Health and Human Services which provide 
that the amount of such payments shall be determined to the extent 
practicable in accordance with the same reimbursement rules as 
apply to payments to providers of services of the same type under 
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). 
"(B) In subparagraph (A), 'provider of services' means a hospital, 
skilled nursing facility, comprehensive outpatient rehabilitation fa-
cility, home health agency, or other institutional facility providing 
services for which payment may be made under a plan covered by 
this section. 
"(k) A plan covered by this section may include provision of liver 
transplants (including the cost of acquisition and transportation of 
the donated liver) in accordance with this subsection. Such a liver 
transplant may be provided if— 
"(1) the transplsCnt is for a dependent considered appropriate 
for that procedure by the Secretary of Defense in consultation 
with the Secretary of Health and Human Services and such 
other entities as the Secretary considers appropriate; and 
"(2) the transplant is to be carried out at a health-care facility 
that has been approved for that purpose by the Secretary of 
Defense after consultation with the Secretary of Health and 
Human Services and such other entities as the Secretary consid-
ers appropriate.". 
(b) Subsection (d) of section 1086 of such title is amended to read as 
follows: 
"(d) The provisions of section 1079(j) of this title shall apply to a 
plan covered by this section.". 
(c) The amendments made by this section shall take effect on 
October 1,1983, except that— 
(1) clause (6) of section 1079(a) of title 10, United States Code, 
as added by subsection (a)(1), shall not apply in the case of 
inpatient mental health services provided to a patient admitted 
before January 1, 1983, for so long as that patient remains 
continuously in inpatient status for medically or psychologically 
necessary reasons; and 
(2) subsection (k) of section 1079 of such title, as added by 
subsection (aXD, shall apply with respect to liver transplant 
operations performed on or after July 1,1983. 
"Provider of 
services." 
Liver 
transplants. 
10 u s e 1086. 
Ante, p. 648. 
Effective dates. 
10 u s e 1079 
note. 
AUTHORITY FOR INCREASED USAGE OF CONTRACT HEALTH CARE 
PROVIDERS 
SEC. 932. (a)(1) Chapter 55 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
97 STAT. 650 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 use 1091. 
37 use 201 et 
seq., 401 et seq. 
37 use 205. 
Repeal. 
Repeal. 
Repeal. 
37 use 421. 
Effective date. 
10 use 1091 
note. 
"§ 1091. Contracts for direct health care providers 
"(a) The Secretary concerned may contract with persons for serv-
ices (including personal services) for the provision of direct health 
care services determined by the Secretary concerned to be required 
for the purposes of this chapter. 
"(b) A person with whom the Secretary contracts under this 
section for the provision of direct health care services under this 
chapter may be compensated at a rate prescribed by the Secretary 
concerned, but at a rate not greater than the rate of basic pay and 
allowances authorized by chapters 3 and 7 of title 37 for a commis-
sioned officer in pay grade 0-6 with 26 or more years of service 
computed under section 205 of such title.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1091. Contracts for direct health care providers.". 
(b)(1) Section 4022 of title 10, United States Code, is repealed. 
(2) The table of sections at the beginning of chapter 373 of such 
title is amended by striking out the item relating to section 4022. 
(c)(1) Section 9022 of title 10, United States Code, is repealed. 
(2) The table of sections at the beginning of chapter 873 of such 
title is amended by striking out the item relating to section 9022. 
(d) Section 201 of title 37, United States Code, is amended— 
(1) by striking out subsection (b); 
(2) by redesignating subsections (c) through (f) as subsections 
(b) through (e), respectively; and 
(3) by striking out "subsections (d) and (e)" in subsection (e), as 
redesignated by clause (2), and inserting in lieu thereof "subsec-
tions (c) and (dr. 
(e) Chapter 7 of title 37, United States Code, is amended— 
(1) by striking out section 421; and 
(2) by striking out in the table of sections at the beginning of 
such chapter the item relating to section 421. 
(f) The amendments made by this section shall take effect on 
October 1,1983. Any contract of emplojonent entered into under the 
authority of section 4022 or 9022 of title 10, United States Code, 
before the effective date of this section and which is in effect on such 
date shall remain in effect in accordance with the terms of such 
contract. 
STUDIES AND DEMONSTRATION PROJECTS RELATING TO HEALTH AND 
MEDICAL CARE 
SEC. 933. (aXD Chapter 55 of title 10, United States Code, is 
amended by adding after section 1091 (as added by section 932) the 
following new section: 
1
0 use 1092. 
*'§ 1092. Studies and demonstration projects relating to delivery of 
health and medical care 
"(aXD The Secretary of Defense, in consultation with the Secre-
tary of Health and Human Services, shall conduct studies and 
demonstration projects on the health care delivery system of the 
uniformed services with a view to improving the quality, efficiency, 
convenience, and cost effectiveness of providing health care services 
(including dental care services) under this title to members and 
former members and their dependents. Such studies and demonstra-
tion projects may include the following: 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 651 
"(A) Alternative methods of payment for health and medical 
care services. 
"(B) Cost-sharing by eligible beneficiaries. 
"(C) Methods of encouraging efficient and economical delivery 
of health and medical care services. 
"(D) Innovative approaches to delivery and financing of 
health and medical care services. 
"(E) Alternative approaches to reimbursement for the admin-
istrative charges of health care plans. 
"(F) Prepayment for medical care services provided to main-
tain the health of a defined population. 
"(2) The Secretary of Defense shall include in the studies con-
ducted under paragraph (1) alternative programs for the provision of 
dental care to the spouses and dependents of members of the 
uniformed services who are on active duty, including a program 
under which dental care would be provided the spouses and depend-
ents of such members under insurance or dental plan contracts. A 
demonstration project may not be conducted under this section that 
provides for the furnishing of dental care under an insurance or 
dental plan contract. 
"(3) The Secretary of Defense shall submit to Congress from time 
to time written reports on the results of the studies and demonstra-
tion projects conducted under this subsection and shall include in 
such reports such recommendations for improving the health-care 
delivery systems of the uniformed services as the Secretary consid-
ers appropriate. 
"(b) Subject to the availability of appropriations for that purpose, 
the Secretary of Defense may enter into contracts with public or 
private agencies, institutions, and organizations to conduct studies 
and demonstration projects under subsection (a). 
"(c) The Secretary of Defense may obtain the advice and recom-
mendations of such advisory committees as the Secretary considers 
appropriate. Each such committee consulted by the Secretary under 
this subsection shall evaluate the proposed study or demonstration 
project as to the soundness of the objectives of such study or 
demonstration project, the likelihood of obtaining productive results 
based on such study or demonstration project, the resources which 
were required to conduct such study or demonstration project, and 
the relationship of such study or demonstration project to other 
ongoing or completed studies and demonstration projects.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1092. Studies and demonstration projects relating to delivery of health and medical 
care.". 
(b) Section 1092 of title 10, United States Code, as added by 
subsection (a), shall take effect on October 1,1983. 
MEDICAL MALPRACTICE PROTECTION FOR HEALTH-CARE PERSONNEL OF 
THE SOLDIERS' AND 
AIRMEN'S HOME 
SEC. 934. (a) Subsection (a) of section 1089 of title 10, United States 
Code, is amended by inserting "the United States Soldiers' and 
Airmen's Home," after "the Department of Defense,". 
(b) Subsection (f) of such section is amended by striking out "or his 
designee may, to the extent that he or his designee deems" and 
inserting in lieu thereof "may, to the extent that the head of the 
agency concerned considers". 
Written reports 
to Congress. 
Effective date. 
10 u s e 1092 
note. 
97 STAT. 652 
PUBLIC LAW 98-94—SEPT. 24, 1983 
(c) Subsection (g) of such section is amended— 
(1) by striking out "and" at the end of clause (2); 
(2) by redesignating clause (3) as clause (4); and 
(3) by inserting after clause (2) the following new clause (3): 
"(3) the Board of Commissioners of the United States Soldiers' 
and Airmen's Home, in the case of an employee of the United 
States Soldiers' and Airmen's Home; and". 
10 use 1089 
(d) The amendments made by this section shall apply only to 
^°^- 
claims accruing on or after the date of the enactment of this Act. 
ADJUSTMENTS IN STIPEND PAID TO RECIPIENTS OF ARMED FORCES 
HEALTH PROFESSIONS SCHOLARSHIPS 
SEC. 935. (a) Section 2121(d) of title 10, United States Code, is 
amended to read as follows: 
"(d) Except when serving on active duty pursuant to subsection (c), 
a member of the program shall be entitled to a stipend at the rate of 
$579 per month. That rate shall be increased annually by the 
Secretary of Defense effective on July 1 of each year by an amount 
(rounded to the next highest multiple of $1) equal to— 
"(1) the amount of such stipend (as previously adjusted (if at 
all)), multiplied by 
"(2) the overall percentage of the adjustment (if such adjust-
ment is an increase) in the rates of basic pay for members of the 
uniformed services made effective for the fiscal year in which 
the school year ends.". 
Effective date. 
(b) The amendment made by subsection (a) shall take effect on 
10 use 2121 
October 1,1983. 
PART D—SURVIVOR BENEFITS 
CLARIFICATION OF SURVIVOR BENEFITS COVERAGE FOR FORMER SPOUSES 
SEC. 941. (a)(1) The second sentence of subsection (a)(5) of section 
1448 of title 10, United States Code, is amended by inserting "except 
in accordance with subsection (b)(3)" after "may not be revoked". 
(2) Subsection (b) of such section is amended to read as follows: 
"(b)(1) A person who is not married and does not have a dependent 
child when he becomes eligible to participate in the Plan may elect 
to provide an annuity to a natural person with an insurable interest 
in that person. In the case of a person providing an annuity under 
this paragraph by virtue of eligibility under subsection (a)(1)(B), such 
an election shall include a designation under subsection (e). 
"(2) A person who has a former spouse when he becomes eligible 
to participate in the Plan may elect to provide an annuity to that 
former spouse. In the case of a person with a spouse or a dependent 
child, such an election prevents payment of an annuity to that 
spouse or child, including payment under subsection (d). If there is 
more than one former spouse, the person shall designate which 
former spouse is to be provided the annuity. In the case of a person 
providing an annuity under this paragraph by virtue of eligibility 
under subsection (aXlXB), such an election shall include a designa-
tion under subsection (e). 
"(3XA) A person— 
"(i) who is a participant in the Plan and is providing coverage 
for a spouse or a spouse and child (even though there is no 
beneficiary currently eligible for such coverage), and 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 653 
"(ii) who has a former spouse who was not that person's 
former spouse when he became eUgible to participate in the 
Plan, 
may (subject to subparagraph (B)) elect to provide an annuity to that 
former spouse. Any such election terminates any previous coverage 
under the Plan and must be written, signed by the person, and 
received by the Secretary concerned within one year after the date 
of the decree of divorce, dissolution, or annulment. 
"(B) A person may not make an election under subparagraph (A) 
to provide an annuity to a former spouse who that person married 
after becoming eligible for retired or retainer pay unless— 
"(i) the person was married to that former spouse for at least 
one year, or 
"(ii) that former spouse is the parent of issue by that 
marriage. 
"(C) An election under this paragraph may not be revoked except 
in accordance with section 1450(f) of this title and is effective as of lO use 1450. 
the first day of the first calendar month following the month in 
which it is received by the Secretary concerned. This paragraph does 
not provide the authority to change a designation previously made 
under subsection (e). 
"(D) If a person who is married makes an election to provide an 
annuity to a former spouse under this paragraph, that person's 
spouse shall be notified of that election. 
"(4) A person who elects to provide an annuity to a former spouse Written 
under paragraph (2) or (3) shall, at the time of making the election, 
statement. 
provide the Secretary concerned with a written statement (in a form 
to be prescribed by that Secretary and signed by such person and 
the former spouse) setting forth whether the election is being made 
pursuant to a written agreement previously entered into voluntarily 
by such person as a part of or incident to a proceeding of divorce, 
dissolution, or annulment and (if so) whether such voluntary written 
agreement has been incorporated in, or ratified or approved by, a 
court order.". 
(3) Section 1450 of title 10, United States Code, is amended— 
(A) by striking out "at the time the person to whom section 
1448 applies became entitled to retired or retainer pay" in 
subsection (a)(4); and 
(B) by inserting "(without regard to the eligibility of the 
person making the change of election to make an election under 
such section)" before the period at the end of the third sentence 
of subsection (f)(1). 
(b) In the case of a person who on the date of the enactment of this 
lo use 1448 
Act is a person described in subparagraph (A) of subsection (b)(3) of 
^°^-
section 1448 of title 10, United States Code (as amended by subsec-
tion (a)(2)), such subsection shall apply to that person as if the one-
year period provided for in subparagraph (A) of such subsection 
began on the date of the enactment of this Act. 
(c)(1) Section 1447(8) of title 10, United States Code, is amended by 
striking out "annulment, or legal separation," both places it appears 
and inserting in lieu thereof "or annulment". 
(2) Section 1448(a)(3) is amended— 
lo use 1448. 
(A) by inserting "for a former spouse" after "an annuity" the 
second place it appears in subparagraphs (A) and (B); and 
(B) by striking out "of this section both places it appears. 
(3) Section 1450(f) of such title is amended— 
lO use 1450. 
(A) by striking out "of this subsection" in paragraph (1); and 
97 STAT. 654 
PUBLIC LAW 98-94—SEPT. 24, 1983 
(B) by striking out "annulment, or legal separation," in para-
graph (2) and inserting in lieu thereof "or annulment,". 
(4) Section 1006(e)(3) of the Uniformed Services Former Spouses' 
10 use 1408 
Protection Act (title X of Public Law 97-252; 96 Stat. 738) is amend-
note. 
g^ jjy striking out "section" and all that follows and inserting in lieu 
thereof "section 1072 of title 10, United States Code.". 
EXTENSION OF MINIMUM INCOME PROVISION FOR CERTAIN WIDOWS 
SEC. 942. (a) Section 4(a)(1) of the Act entitled "An Act to amend 
chapter 73 of title 10, United States Code, to establish a Survivor 
Benefit Plan, and for other purposes", approved September 21, 1972 
(10 U.S.C. 1448 note), is amended by striking out on the effective 
date of this Act is, or within one calendar year after that date 
becomes," and inserting in lieu thereof "on September 21,1972, was, 
or during the period beginning on September 22, 1972, and ending 
on March 20,1974, became,". 
10 use 1448 
(b) Any annuity payable by reason of subsection (a) shall be 
'^o** 
payable only for months after September 1983. 
CLARIFICATION OF CONTINUING RESPONSIBIUTY FOR FUNDING OF 
CERTAIN SURVIVORS' BENEFITS 
42 use 402 note. 
SEC. 943. Section 156(g)(1) of Public Law 97-377 (96 Stat. 1922) is 
amended— 
(1) by striking out "fiscal year 1983" and inserting in lieu 
thereof "each fiscal year"; 
(2) by striking out "from the 'Retired Pay, Defense' account of 
the Department of Defense"; and 
(3) by inserting between the first and second sentences the 
following: "During fiscal year 1983, transfers under this subsec-
tion shall be made from the 'Retired Pay, Defense' account of 
the Department of Defense. During subsequent fiscal years, 
such transfers shall be made from such account or from funds 
otherwise available to the Secretary for the purpose of the 
payment of such benefits and expenses.". 
TITLE X—MILITARY PERSONNEL MATTERS 
PART A—OFFICER PERSONNEL MANAGEMENT AND TRAINING 
TEMPORARY MODIFICATION IN CERTAIN GENERAL AND FLAG OFFICER 
GRADE UMITATIONS 
10 use 525 note. 
SEC. 1001. (a) During fiscal year 1984, the number of officers of the 
Air Force authorized under section 525(b)(1) of title 10, United States 
Code, to be on active duty in the grade of general is increased by 
one. 
(b) During fiscal year 1984, the number of officers of the Navy 
authorized under section 525(bX2) of title 10, United States Code, to 
be on active duty in grades above rear admiral is increased by three. 
None of the additional officers in grades above rear admiral author-
ized by this section may be in the grade of admiral. 
(c) During fiscal year 1984, a commissioned officer serving in the 
position of Director of the Intelligence Community Staff shall not be 
counted against the numbers and percentages of commissioned offi-
cers of the grade of such officer authorized for the Armed Force of 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 655 
which he is a member, except that during such year only one 
commissioned officer of the Armed Forces occupying the position of 
Director of Central Intelligence or Deputy Director of Central Intel-
ligence as provided for in section 102 of the National Security Act of 
1947 (50 U.S.C. 403) or the position of Director of the Intelligence 
Community Staff may be exempt from such numbers and percent-
ages at any one time. 
PERFORMANCE OF CIVIL FUNCTIONS BY MILITARY OFFICERS 
SEC. 1002. (a) Section 973 of title 10, United States Code, is 
amended by striking out subsection Ot)) and inserting in lieu thereof 
the following: 
"(b)(1) This subsection applies— 
"(A) to a regular officer of an armed force on the active-duty 
list (and a regular officer of the Coast Guard on the active duty 
promotion list); 
"(B) to a retired regular officer of an armed force serving on 
active duty under a call or order to active duty for a period in 
excess of 180 days; and 
"(C) to a reserve officer of an armed force serving on active 
duty under a call or order to active duty for a period in excess of 
180 days. 
"(2)(A) Except as otherwise authorized by law, an officer to whom 
this subsection applies may not hold, or exercise the functions of, a 
civil office in the Government of the United States— 
"(i) that is an elective office; 
"(ii) that requires an appointment by the President by and 
with the advice and consent of the Senate; or 
"(iii) that is a position in the Executive Schedule under 
sections 5312 through 5317 of title 5. 
i^9%M 
"(B) An officer to whom this subsection applies may hold or 
^^^^^"^^ • 
exercise the functions of a civil office in the Government of the 
United States that is not described in subparagraph (A) when 
assigned or detailed to that office or to perform those functions. 
"(3) Except as otherwise authorized by law, an officer to whom 
this subsection applies may not hold or exercise, by election or 
appointment, the functions of a civil office in the government of a 
State, the District of Columbia, or a territory, possession, or com-
monwealth of the United States (or of any political subdivision of 
any such government). 
"(4) Nothing in this subsection shall be construed to invalidate 
any action undertaken by an officer in furtherance of assigned 
official duties. 
"(c) The Secretary of Defense, and the Secretary of Transportation 
Regulations, 
with respect to the Coast Guard when it is not operating in the 
Navy, shall prescribe regulations to implement this section.". 
(b) Nothing in section 973(b) of title 10, United States Code, as in lo use 973 note. 
effect before the date of the enactment of this Act, shall be 
construed— 
(1) to invalidate any action undertaken by an officer of an 
Armed Force in furtherance of assigned official duties; or 
(2) to have terminated the military appointment of an officer 
of an Armed Force by reason of the acceptance of a civil office, 
or the exercise of its functions, by that officer in furtherance of 
assigned official duties. 
97 STAT. 656 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 use 973 note. 
(c) Nothing in section 973(b)(3) of title 10, United States Code, as 
added by subsection (a), shall preclude a Reserve officer to whom 
such section applies from holding or exercising the functions of an 
office described in such section for the term to which the Reserve 
officer was elected or appointed if, before the date of the enactment 
of this Act, the Reserve officer accepted appointment or election to 
that office in accordance with the laws and regulations in effect at 
the time of such appointment or election. 
(d) The Act entitled "An Act to grant the consent of the United 
States to the Red River Compact among the States of Arkansas, 
Louisiana, Oklahoma, and Texas", approved December 22, 1980 (94 
Stat. 3305), is amended by adding at the end thereof the following 
new section: 
"SEC. 5. (a) The President may appoint a regular officer of the 
Army, Navy, Air Force, or Marine Corps who is serving on active 
duty as the Federal Commissioner of the Commission. 
"(b) Notwithstanding the provisions of section 973(b) of title 10, 
Ante, p. 655. 
United States Code, acceptance by a regular officer of the Army, 
Navy, Air Force, or Marine Corps of an appointment as the Federal 
Commissioner of the Commission, or the exercise of the functions of 
Federal Commissioner and chairman of the Commission, by such 
officer shall not terminate or otherwise affect such officer's appoint-
ment as a military officer.". 
MODIFICATIONS TO RESERVE OFFICERS* TRAINING CORPS SCHOLARSHIP 
PROGRAM 
SEC. 1003. (a)(1) Section 2101(3) of title 10, United States Code, is 
amended by striking out the period and inserting in lieu thereof 
"(except that, in the case of a student enrolled in an academic 
program which has been approved by the Secretary of the military 
department concerned and which requires more than four academic 
years for completion of baccalaureate degree requirements, includ-
ing elective requirements of the Senior Reserve Officers' Training 
Corps course, such term includes a fifth academic year or a combina-
tion of a part of a fifth academic year and summer sessions).". 
10 use 2104. 
(2) Section 2104(a) of such title is amended by inserting "at least" 
before "two". 
10 use 2107. 
(3) Section 2107(c) of such title is amended by inserting after the 
first sentence the following new sentence: "In the CEise of a student 
enrolled in an academic program which has been approved by the 
Secretary of the military department concerned and which requires 
more than four academic years for completion of baccalaureate 
degree requirements, including elective requirements of the Senior 
Reserve Officers' Training Corps course, financial assistance under 
this section may also be provided during a fifth academic year or 
during a combination of a part of a fifth academic year and summer 
sessions.". 
(4) Section 209(a) of title 37, United States Code, is amended by 
striking out "20" and inserting in lieu thereof "30". 
(bXD Section 2005 of title 10, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(f) The Secretary concerned shall require, as a condition to the 
Secretary providing financial assistance under section 2107 or 2107a 
10 use 2107, 
of this title to any person, that such person enter into an agreement 
2107a. 
described in subsection (a). In addition to the requirements of 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 657 
10 u s e 2107, 
2107a. 
10 u s e 2005 
note. 
clauses (1) through (4) of such subsection, any agreement required by 
this subsection shall provide— 
"(1) that if such person fails to complete the education re-
quirements specified in the agreement, the Secretary will have 
the option to order such person to reimburse the United States 
in the manner provided for in clause (3) of such subsection 
without the Secretary first ordering such person to active duty 
as provided for under clause (2) of such subsection and sections 
2107(f) and 2107a(f) of this title; and 
"(2) that any amount owed by such person to the United 
Stat^ under such agreement shall bear interest at the rate 
equal to the highest rate being paid by the United States on the 
day on which the reimbursement is determined to be due for 
securities having maturities of ninety 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 reimbursement under this 
section.". 
(2) The amendment made by paragraph (1) shall apply with 
respect to agreements entered into after September 30,1983. 
(cXD Section 2107(bX5) of title 10, United States Code, is 
amended— 
(A) by striking out "either" in the matter preceding subpara-
graph (A)(ii); 
(B) by striking out "or" at the end of subparagraph (A); 
(C) by striking out the period at the end and inserting in lieu 
thereof "; or"; and 
(D) by adding at the end the following: 
"(CXi) accept an appointment, if offered, as a commissioned 
officer in the Army, Navy, Air Force, or Marine Corps, as the 
case may be; and 
"(ii) serve in a reserve component of that armed force until 
the sixth anniversary of the receipt of such appointment, unless 
such appointment is otherwise extended by subsection (d) of 
section 2108 of this title, under such terms and conditions as lo use 2108 
may be prescribed by the Secretary of the military department 
concerned.". 
(2) The second sentence of section 2107(b) of such title is 
(A) by inserting "or (5XC)" after "(5XB)"; and 
(B) by striking out the period at the end and inserting in lieu 
thereof ", except that performance of service under clause (5XC) 
shall include not less than two years of active duty.". 
(3) The amendments made by this subsection shall apply with 
respect to agreements entered into under section 2107(bX5) of title 
10, United States Code, after September 30,1983. 
10 u s e 2107 
note. 
SELECTION OF PERSONS FROM FOREIGN COUNTRIES TO RECEIVE 
INSTRUCTION AT THE SERVICE ACADEMIES 
SEC. 1004. (aXD Section 4344 of title 10, United States Code, is 
amended to read as follows: 
"§ 4344. Selection of persons from foreign countries 
"(aXD The Secretary of the Army may permit not more than 40 
persons at any one time from foreign countries to receive instruction 
at the Academy. Such persons shall be in addition to the authorized 
97 STAT. 658 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Pay, allowances, 
and emolu-
ments. 
Reimbursement 
of U.S. 
strength of the Corps of the Cadets of the Academy under section 
1
0 use 4342. 
4342 of this title. 
"(2) The Secretary of the Army, upon approval by the Secretary of 
Defense, shall determine the countries from which persons may be 
selected for appointment under this section and the number of 
persons that may be selected from each country. The Secretary of 
the Army may establish entrance qualifications and methods 
of competition for selection among individual applicants under this 
section and shall select those persons who will be permitted to 
receive instruction at the Academy under this section. 
"(b)(1) A person receiving instruction under this section is entitled 
to the pay, allowances, and emoluments of a cadet appointed from 
the United States, and from the same appropriations. 
"(2) Each foreign country from which a cadet is permitted to 
receive instruction at the Academy under this section shall reim-
burse the United States for the cost of providing such instruction, 
including the cost of pay, allowances, and emoluments provided 
under paragraph (1) unless a written waiver of reimbursement is 
granted by the Secretary of Defense. The Secretary of the Army 
shall prescribe the rates for reimbursement under this paragraph. 
"(c)(1) Except as the Secretary of the Army determines, a person 
receiving instruction under this section is subject to the same 
regulations governing admission, attendance, discipline, resignation, 
discharge, dismissal, and graduation as a cadet at the Academy 
appointed from the United States. The Secretary may prescribe 
regulations with respect to access to classified information by a 
person receiving instruction under this section that differ from the 
regulations that apply to a cadet at the Academy appointed from the 
United States. 
"(2) A person receiving instruction under this section is not 
entitled to an appointment in an armed force of the United States 
by reason of graduation from the Academy. 
"(d) A person receiving instruction under this section is not 
subject to section 4346(d) of this title.". 
(2) Section 4345 of such title is repealed. 
(3) The table of sections at the beginning of chapter 403 of such 
title is amended by striking out the items relating to sections 4344 
and 4345 and inserting in lieu thereof the following: 
"4344. Selection of persons from foreign countries.". 
(b)(1) Section 6957 of title 10, United States Code, is amended to 
read as follows: 
"§ 6957. Selection of persons from foreign countries 
"(a)(1) The Secretary of the Navy may permit not more than 40 
persons at any one time from foreign countries to receive instruction 
at the Academy. Such persons shall be in addition to the authorized 
1
0 use 6954. 
strength of the midshipmen under section 6954 of this title. 
"(2) The Secretary of the Navy, upon approval by the Secretary of 
Defense, shall determine the countries from which persons may be 
selected for appointment under this section and the number of 
persons that may be selected from each country. The Secretary of 
the Navy may establish entrance qualifications and methods 
of competition for selection among individual applicants under this 
section and shall select those persons who will be permitted to 
receive instruction at the Academy under this section. 
10 use 4346. 
Repeal. 
10 use 4345. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 659 
"(b)(1) A person receiving instruction under this section is entitled 
to the pay, allowances, and emoluments of a midshipman appointed 
from the United States, and from the same appropriations. 
"(2) Each foreign country from which a midshipman is permitted 
to receive instruction at the Academy under this section shall 
reimburse the United. States for the cost of providing such instruc-
tion, including the cost of pay, allowances, and emoluments provided 
under paragraph (1) unless a written waiver of reimbursement is 
granted by the Secretary of Defense. The Secretary of the Navy 
shall prescribe the rates for reimbursement under this paragraph. 
"(cXD Except as the Secretary of the Navy determines, a person 
receiving instruction under this section is subject to the same 
regulations governing admission, attendance, discipline, resignation, 
discharge, dismissal, and graduation as a midshipman at the Acad-
emy appointed from the United States. The Secretary may prescribe 
regulations with respect to access to classified information by a 
person receiving instruction under this section that differ from the 
regulations that apply to a midshipman at the Academy appointed 
from the United States. 
"(2) A person receiving instruction under this section is not 
entitled to an appointment in an armed force of the United States 
by reason of graduation from the Academy.". 
(2) The item relating to section 6957 in the table of sections at the 
beginning of chapter 603 of such title is amended to read as follows: 
"6957. Selection of persons from foreign countries.". 
(c)(1) Section 9344 of title 10, United States Code, is amended to 
read as follows: 
"§ 9344. Selection of persons from foreign countries 
"(a)(1) The Secretary of the Air Force may permit not more than 
40 persons at any one time from foreign countries to receive instruc-
tion at the Academy. Such persons shall be in addition to the 
authorized strength of the Air Force Cadets of the Academy under 
section 9342 of this title. 
"(2) The Secretary of the Air Force, upon approval bv the Secretary 
of Defense, shall determine the countries from which persons may 
be selected for appointment under this section and the number of 
persons that may be selected from each country. The Secretary of 
the Air Force may establish entrance qualifications and methoas of 
competition for selection among individual applicants under this 
section and shall select those persons who will be permitted to 
receive instruction at the Academy under this section. 
"(b)(1) A person receiving instruction under this section is entitled 
to the pay, allowances, and emoluments of a cadet appointed from 
the United States, and from the same appropriations. 
"(2) Each foreign country from which a cadet is permitted to 
receive instruction at the Academy under this section shall reim-
burse the United States for the cost of providing such instruction, 
including the cost of pay, allowances, and emoluments provided 
under paragraph (1) unless a written waiver of reimbursement is 
granted by the Secretary of Defense. The Secretary of the Air Force 
shall prescribe the rates for reimbursement under this paragraph. 
"(cXD Except as the Secretary of the Air Force determines, a 
person receiving instruction under this section is subject to the same 
regulations governing admission, attendance, discipline, resignation, 
discharge, dismissal, and graduation as a cadet at the Academy 
Pay, allowances, 
and emolu-
ments. 
Reimbursement 
of U.S. 
10 use 9342. 
Pay, allowances;, 
and emolu-
ments. 
Reimbursement 
of U.S. 
97 STAT. 660 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 u s e 9346. 
Repeal. 
10 u s e 9345. 
10 u s e 4344 
note. 
Effective date. 
appointed from the United States. The Secretary may prescribe 
regulations with respect to access to classified information by a 
person receiving instruction under this section that differ from the 
regulations that apply to a cadet at the Academy appointed from the 
United States. 
"(2) A person receiving instruction under this section is not 
entitled to an appointment in an armed force of the United States 
by reason of graduation from the Academy. 
"(d) A person receiving instruction under this section is not 
subject to section 9346(d) of this title.". 
(2) Section 9345 of such title is repealed. 
(3) The table of sections at the beginning of chapter 903 of such 
title is amended by striking out the items relating to sections 9344 
and 9345 and inserting in lieu thereof the following: 
"9344. Selection of persons from foreign countries.". 
(d)(1) Sections 4344(b)(2), 695703)(2), and 934403)(2) of title 10, 
United States Code, as added by this section, do not apply to the cost 
of providing instruction to a person who, before the effective date of 
this section, entered the United States Military Academy, the 
United States Naval Academy, or the United States Air Force 
Academy under section 4344, 4345, 6957, 9344, or 9345 of such title, 
as in effect on the day before such date. Any such person shall be 
counted against the maximum of 40 persons who may attend the 
Academy concerned at any time under any of those sections. 
(2) The amendments made by subsections (a), (b), and (c) shall take 
effect one year after the date of the enactment of this Act and shall 
apply to each person entering the United States Military Academy, 
the United States Naval Academy, or the United States Air Force 
Academy after that effective date. 
NOMINATIONS TO SERVICE ACADEMIES FROM GUAM AND FORMER CANAL 
ZONE AREA 
SEC. 1005. (a)(1) Clause (10) of section 4342(a) of title 10, United 
States Code, is amended to read as follows: 
"(10) One cadet from American Samoa, nominated by the 
Delegate in Congress from American Samoa.". 
10 use 6954. 
(2) Clause (10) of section 6954(a) of such title is amended to read as 
follows: 
"(10) One from American Samoa, nominated by the Delegate 
in Congress from American Samoa.". 
10 use 9342. 
(3) Clause (10) of section 9342(a) of such title, is amended to read as 
follows: 
"(10) One cadet from American Samoa, nominated by the 
Delegate in Congress from American Samoa.". 
(b)(1) Clause (8) of section 4342(a) of title 10, United States Code, is 
amended to read as follows: 
"(8) One cadet nominated by the Administrator of the 
Panama Canal Commission from the children of civilian person-
nel of the United States Government residing in the Republic of 
Panama who are citizens of the United States.". 
10 use 6954. 
(2) Clause (8) of section 6954(a) of such title is amended to read as 
follows: 
"(8) One nominated by the Administrator of the Panama 
Canal Commission from the children of civilian personnel of the 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 661 
United States residing in the Republic of Panama who are 
citizens of the United States.". 
(3) Clause (8) of section 9342(a) of such title is amended to read as 
follows: 
"(8) One cadet nominated by the Administrator of the 
Panama Canal Commission from the children of civilian person-
nel of the United States Government residing in the Republic of 
Panama who are citizens of the United States.". 
10 u s e 9342. 
APPOINTMENT OF CITIZENS OF NORTHERN MARIANA ISLANDS AS 
COMMISSIONED OFFICERS 
SEC. 1006. (a) Notwithstanding any provision of law respecting 
citizenship and in accordance with the covenant entitled "A Cov-
enant to establish a Commonwealth of the Northern Mariana 
Islands in Political Union with the United States of America" 
(approved on March 24, 1976, by Public Law 94-241), a citizen of the 
Northern Mariana Islands who indicates in writing to a commis-
sioned officer of the Armed Forces of the United States an intent to 
become a citizen, and not a national, of the United States upon full 
implementation of such covenant, and who is otherwise qualified for 
military service under applicable laws and regulations, may be 
appointed as an officer in the Armed Forces of the United States, 
may be appointed or enrolled in the Senior Reserve Officers' Train-
ing Corps program of any of the Armed Forces under chapter 103 of 
title 10, United States Code, and may be selected to be a participant 
in the Armed Forces Health Professions Scholarship program under 
chapter 105 of such title. 
(b) This section shall expire upon the establishment of the Com-
monwealth of the Northern Mariana Islands. 
10 u s e 532 note. 
48 u s e 1681 
note. 
10 u s e 2101 et 
seq. 
10 u s e 2120 et 
seq. 
Expiration date. 
TRANSFER OF PUBLIC HEALTH SERVICE OFFICERS TO OTHER UNIFORMED 
SERVICES 
SEC. 1007. (a)(1) Section 716 of title 10, United States Code, is 
amended to read as follows: 
"§ 716. Commissioned ofncers: transfers among the armed forces, 
the National Oceanic and Atmospheric Administration, 
and the Public Health Service 
"(a) Notwithstanding any other provision of law, the President, 
within authorized strengths and with the consent of the officer 
involved, may transfer any commissioned officer of a uniformed 
service from his uniformed service to, and appoint him in, another 
uniformed service. The Secretary of Defense, the Secretary of Trans-
portation, the Secretary of Commerce, and the Secretary of Health 
and Human Services shall jointly establish, by regulations approved 
by the President, policies and procedures for such transfers and 
appointments. 
"(b) An officer transferred under this section may not be assigned 
precedence or relative rank higher than that which he held on the 
day before the transfer. 
(c) In this section, 'uniformed service' means any of the armed 
forces, the Commissioned Corps of the National Oceanic and Atmos-
pheric Administration, or the Commissioned Corps of the Public 
Health Service.". 
"Uniformed 
service." 
97 STAT. 662 
PUBLIC LAW 98-94—SEPT. 24, 1983 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 41 of such title is amended to read as follows: 
"716. C!ommissioned officers: transfers among the armed forces, the National 
Oceanic and Atmospheric Administration, and the Public Health 
Service.". 
(bXl) Chapter 53 of such title is amended by adding at the end 
thereof the following new section: 
1
0 use 1043. 
"§ 1043. Service credit: service in the National Oceanic and Atmos-
pheric Administration or the Public Health Service 
"Active commissioned service in the National Oceanic and 
Atmospheric Administration or the Public Health Service shall be 
credited as active commissioned service in the armed forces for 
purposes of determining the retirement eligibility and computing 
the retired pay of a member of the armed forces.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1043. Service credit: service in the National Oceanic and Atomospheric Administra-
tion or the Public Health Service.". 
10 use 533. 
(cXl) Section 533(aXl) of such title is amended by inserting ", the 
National Oceanic and Atmospheric Administration, or the Public 
Health Service" after "in any armed force". 
1
0 use 1174. 
(2) Section 1174(i) of such title is amended— 
(A) by inserting "(1)" after "(i)"; and 
(B) by adding at the end thereof the following new par^aph: 
"(2) Active commissioned service in the National Oceanic and 
Atmospheric Administration or the Public Health Service shall be 
credited as active service in the armed forces for the purposes of this 
section.". 
1
0 use 3353. 
(3) Section 3353(aXl) of such title is amended— 
(A) by striking out "chapters 337 and 363" and inserting in 
lieu thereof "this chapter and chapter 363"; and 
(B) by inserting ", the National Oceanic and Atmospheric 
Administration, or the Public Health Service" after "in any 
1
0 use 5600. 
(4) Section 5606(aXl) of such title is amended by inserting ", the 
National Oceanic and Atmospheric Administration, or the Public 
Health Service" after "in any armed force". 
1
0 use 8353. 
(5) Section 8353(aXl) of such title is amended— 
(A) by striking out "chapters 837 and 863" and inserting in 
lieu thereof "this chapter and chapter 863"; and 
(B) by inserting ", the National Oceanic and Atmospheric 
Administration, or the Public Health Service" after "in any 
(d) Clause (13) of section 3(a) of the Act of August 10, 1956 (33 
U.S.C. 857a(a)), is amended to read as follows: 
Ante, p. 661. 
"(13) Scction 716, Commissioned officers: transfers among the 
Armed Forces, the National Oceanic and Atmospheric Adminis-
tration, and the Public Health Service.". 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 663 
PART B—RESERVE COMPONENT MANAGEMENT 
37 u s e 308g. 
Refund. 
BONUSES FOR ENUSTMENTS, R E E N U S T M E N T S , AND VOLUNTARY EXTEN-
SIONS OF SERVICE IN ELEMENTS OF THE READY RESERVE OTHER THAN 
THE SELECTED RESERVE 
SEC. ion. (a) Chapter 5 of tit!e 37, United States Code, is amended 
by inserting after section 308f the following new sections: 
"§ 308g. Special pay: bonus for enlistment in elements of the Ready 
Reserve other than the Selected Reserve 
"(a) An eligible person who enlists in a combat or combat support 
skill of an element (other than the Selected Reserve) of the Ready 
Reserve of an armed force for a term of enlistment of not less than 
six years, and who has not previously served in an armed force, may 
be paid a bonus £is provided in subsection (b) of this section. 
"(b) Eligibility for and the amount and method of payment of a 
bonus under this section shall be determined in accordance with 
regulations prescribed under subsection (g) of this section, except 
that the amount of such a bonus may not exceed $1,000. 
"(c) A bonus may not be paid under this section for a term of 
enlistment to any person who fails to complete satisfactorily initial 
active duty for training or who, upon completion of initial active 
duty for training, elects to serve the remainder of the term of 
enlistment in the Selected Reserve or in an active component of an 
armed force. 
"(d) A person who receives a bonus payment under this section 
and who fails during the period for which the bonus was paid to 
serve satisfactorily in the element of the Ready Reserve with respect 
to which the bonus was paid shall refund to the United States an 
amount which bears the same ratio to the amount of the bonus paid 
to such person as the period which such person failed to serve 
satisfactorily bears to the total period for which the bonus was paid. 
"(e) An obligation to reimburse the United States imposed under 
subsection (d) of this section is, for all purposes, a debt owed to the 
United States. 
"(f) A discharge in bankruptcy under title 11 that is entered less 
than five years after the termination of an enlistment for which a 
bonus was paid under this section does not discharge the person 
receiving such bonus payment from the debt arising under subsec-
tion (d) of this section. This subsection applies to any case com-
menced under title 11 after the date of the enactment of the 
Department of Defense Authorization Act, 1984. 
"(g) 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 it is not operating as a service in the Navy. 
"(h) A bonus may not be paid under this section to any person for Restriction. 
an enlistment after September 30,1985. 
"§ 308h. Special pay: bonus for reenlistment, enlistment, or volun- 3
7 use 308h. 
tary extension of enlistment in elements of the Ready 
Reserve other than the Selected Reserve 
"(a)(1) An eligible person who is or has been a member of an 
armed force and who reenlists, enlists, or voluntarily extends an 
enlistment in a combat or combat support skill of an element (other 
than the Selected Reserve) of the Ready Reserve of an armed force 
11 u s e 101 et 
seq. 
Ante, p. 614. 
Regulations. 
97 STAT. 664 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Refund. 
11 u s e 101 et 
seq. 
Ante, p. 614. 
Regulations. 
Repeal. 
37 u s e 308d. 
Effective date. 
37 u s e 308g 
note. 
for a period of not less than three years beyond any other period the 
person is obligated to serve may be paid a bonus as provided in 
subsection (b) of this section. 
"(2) A bonus may not be paid under this section to a person who 
has failed to complete satisfactorily any original term of enlistment 
in the armed forces. 
"(b) Eligibility for and the amount and method of payment of a 
bonus under this section shall be determined under regulations to be 
prescribed under subsection (f) of this section, except that the 
amount of such a bonus may not exceed $900. 
"(c) A person who receives a bonus payment under this section 
and who fails during the period for which the bonus was paid to 
serve satisfactorily in the Ready Reserve shall refund to the United 
States an amount which bears the same ratio to the amount of the 
bonus paid to such person as the period which such person failed to 
serve satisfactorily bears to the total period for which the bonus was 
paid. 
"(d) An obligation to reimburse the United States imposed under 
subsection (c) of this section is, for all purposes, a debt owed to the 
United States. 
"(e) A discharge in bankruptcy under title 11 that is entered less 
than five years after the termination of a reenlistment, enlistment, 
or extension for which a bonus was paid under this section does not 
discharge the person receiving such bonus payment from the debt 
arising under subsection (c) of this section. This subsection applies to 
any case commenced under title 11 after the date of the enactment 
of the Department of Defense Authorization Act, 1984. 
"(f) This section shall be administered under regulations to be 
prescribed by the Secretary of Defense for the armed forces under 
his jurisdiction and by the Secretary of Transportation for the Coast 
Guard when it is not operating as a service in the Navy. 
"(g) A bonus may not be paid under this section to any person for 
a reenlistment, enlistment, or voluntary extension of an enlistment 
after September 30,1985.". 
(b)(1) Section 308d of such title is repealed. 
(2) The table of sections at the beginning of such chapter is 
amended— 
(A) by striking out the item relating to item 308d; and 
(B) by inserting after the item relating to section 308f the 
following new items: 
"308g. Special pay: bonus for enlistment in elements of the Ready Reserve other 
than the Selected Reserve. 
"308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of en-
listment in elements of the Ready Reserve other than the Selected 
Reserve.". 
(c) The amendments made by subsections (a) and Ot)) shall take 
effect on October 1,1983. 
(d) During fiscal year 1984, not more than $12,000,000 may be 
expended to carry out sections 308g and 308h of title 37, United 
States Code (as added by subsection (a)). 
EXTENSION OF MEDICAL AND DENTAL CARE FOR RESERVISTS 
SEC. 1012. (a)(1) Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1074 the following new section: 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 665 
*
*
§ 1074a. Medical and dental care for members of the uniformed 
lo use i074a. 
services for injuries incurred or aggravated while 
traveling to and from inactive duty training 
"(a) Under joint regulations prescribed by the Secretary of De-
fense and the Secretary of Health and Human Services, a member of 
the uniformed services is entitled to the benefits described in subsec-
tion (b) for an injury incurred or aggravated while the member is 
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 aggrevated as the 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 until the resulting disability cannot be 
materially improved by further hospitalization or treatment; 
and 
"(2) subsistence during hospitalization.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1074 the 
following new item: 
"1074a. Medic£il and dental care for members of the uniformed services for injuries 
incurred or aggravated while traveling to and from inactive duty 
training.". 
(b) Section 204 of title 37, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(j) A member of the uniformed services who is entitled to medical 
or dental care under section 1074a of title 10 is entitled to travel and 
transportation allowances, or a monetary allowance in place 
thereof, for necessary travel incident to such care, and return to his 
home upon discharge from treatment.". 
(c) The amendments made by subsections (a) and (b) shall apply ^^^fjap®, ^74* 
only in cases of injuries incurred or aggravated on or after the date note 
of the enactment of this Act. 
TEST PROGRAM ON UMITED USE OF COMMISSARY STORES BY MEMBERS 
OF THE SELECTED RESERVE 
SEC. 1013. (a) The Secretary of Defense shall carry out in one or 
more areas of the United States a test program under which mem-
bers of the Selected Reserve of the Ready Reserve of a reserve 
component of the Armed Forces will be permitted to use commissary 
stores of the Department of Defense a number of days each year 
equal to the number of days the member performs active duty for 
training as a member of the Selected Reserve. Under any such test 
program, a member of the Selected Reserve shall be permitted a 
period of one year, from the date on which the member performs 
active duty for training, to use a day of eligibility for using commis-
sary stores. 
(b) The Secretary of Defense shall report the results of the test 
program to the Congress no later than September 30, 1984, together 
with such comments and recommendations as he determines 
appropriate. 
Report to 
Congress. 
97 STAT. 666 
PUBLIC LAW 98-94—SEPT. 24, 1983 
GRADE DETERMINATION FOR PERSONS RECEIVING ORIGINAL APPOINT-
MENTS AS RESERVE MEDICAL OFFICERS OF THE ARMY OR AIR FORCE 
SEC. 1014. (a) Section 3359 of title 10, United States Code, is 
amended— 
(1) by striking out all that precedes clause (1) and inserting in 
lieu thereof the following: 
"(a) Except as provided in subsection (b), the commissioned grade 
in which a person credited with service under section 3353 of this 
10 use 3353. 
title is originally appointed as a reserve officer of the Army (based 
on the service credited under that section) shall be determined as 
follows:"; and 
(2) by adding at the end thereof the following new subsection: 
"(b) In the case of a person who is originally appointed as a 
reserve officer in the Medical Corps of the Army during the period 
beginning on October 1, 1983, and ending on September 30, 1985, 
and who is credited with service under section 3353 of this title, the 
commissioned grade in which that person is appointed (based on the 
service credited under that section) shall be determined as follows: 
"(1) For persons with at leeist four, but less than 14, years of 
service—captain. 
"(2) For persons with at least 14, but less than 21, years of 
service—major. 
"(3) For persons with at least 21 years of service—lieutenant 
colonel. 
"(4) For persons with at least 23 years of service—lieutenant 
colonel or colonel, £is the Secretary of the Army determines.". 
(b) Section 8359 of title 10, United States Code, is amended— 
(1) by striking out all that precedes clause (1) and inserting in 
lieu thereof the following: 
"(a) Except as provided in subsection (b), the commissioned grade 
in which a person credited with service under section 8353 of this 
10 use 8353. 
title is originally appointed as a reserve officer of the Air Force with 
a designation as a medical officer (based on the service credited 
under that section) shall be determined as follows:"; and 
(2) by adding at the end thereof the following new subsection: 
"(b) In the case of a person who is originally appointed as a 
reserve officer of the Air Force with a designation as a medical 
officer during the period beginning on October 1, 1983, and ending 
on September 30, 1985, and who is credited with service under 
section 8353 of this title, the commissioned grade in which that 
person is appointed (based on the service credited under that sec-
tion) shall be determined as follows: 
"(1) For persons with at least four, but less than 14, years of 
service—captain. 
"(2) For persons with at least 14, but less than 21, years of 
service—major. 
"(3) For persons with at least 21 years of service—lieutenant 
colonel. 
"(4) For persons with at least 23 years of service—lieutenant 
colonel or colonel, as the Secretary of the Air Force deter-
mines.". 
10 use 3359 
(c) Reserve officers in the Medical Corps of the Army and Reserve 
'^ote- 
officers of the Air Force designated as medical officers who have at 
least four years of commissioned service and who on the date of the 
enactment of this Act have a reserve grade below the grade of 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 667 
10 use 523. 
10 use 524. 
captain shall be eligible for immediate promotion to the grade of 
captain if otherwise qualified. 
PROMOTION OF CERTAIN RESERVE COBfMISSIONED OFFICERS SERVING ON 
ACTIVE DUTY 
SEC. 1015. (aXD Section 3380 of title 10, United States Ck)de, is 
amended to read as follows: 
**§3380. Commissioned officers: promotion of reserve commis-
sioned officers on active duty and not on the active duty 
list 
"(a) Notwithstanding any other provision of law, a reserve com- Regulations. 
missioned officer on active duty for duty described in clause dXB), 
dXC), or (7) of section 523(b) of this title who is recommended by a 
selection board for promotion to, or found qualified for Federal 
recognition in, a higher reserve grade may, in accordance with 
regulations prescribed by the Secretary of Defense and subject to the 
limitations of section 524 of this title, be promoted to or extended 
Federal recognition in such higher reserve grade and may continue 
to serve on active duty, or be ordered to serve on active duty, in such 
higher reserve grade. 
(b) Notwithstanding any other provision of law, the service in 
grade for promotion purposes only of any reserve commissioned 
officer who is promoted to or extended Federal recognition in a 
higher reserve grade but whose promotion to or recognition in such 
higher reserve grade was delayed solely because of limitations 
imposed in accordance with regulations prescribed by the Secretaiy 
of Defense under subsection (a) or contained in section 524 of th& 
title, is the date such officer would have been promoted to or 
recognized in such higher reserve grade if the limitations did not 
exist. In computing service in grade for the purposes of determining 
the date for discharge or transfer to the Retired Reserve under 
chapter 363 of this title, the date the officer would have been 
promoted to or recognized in such higher grade had the limitations 
not existed shall be considered the date of promotion to or recogni-
tion in such higher grade. 
"(c) Regulations prescribed by the Secretary of Defense under 
subsection (a) shall prohibit the promotion of an officer imder the 
authority of that subsection unless the duty assignment of the 
officer requires a higher grade than the grade currently held by the 
officer. 
"(d) The authority to promote officers under this section shall Expiration date 
expire on September 30,1985.". 
(2) The item relating to section 3380 in the table of sections at the 
beginning of chapter 337 of such title is amended to read as follows: 
"3380. Commissioned officers: promotion of reserve commissioned officers on active 
duty and not on the active duty list.". 
(bXD Section 8380 of title 10, United States Code, is amended to 
read as follows: 
"§8380. Commissioned officers: promotion of reserve commis-
sioned officers on active duty and not on the active 
duty list 
"(a) Notwithstanding any other provision of law, a reserve com- Regulations. 
missioned officer on active duty for duty described in clause (IXB), 
(IXC), or (7) of section 523(b) of this title who is recommended by a lo use 523. 
10 use 3843 et 
seq. 
97 STAT. 668 
PUBLIC LAW 98-94—SEPT. 24, 1983 
selection board for promotion to, or found qualified for Federal 
recognition in, a higher reserve grade may, in accordance with 
regulations prescribed by the Secretary of Defense and subject to the 
1
0 use 524. 
limitations of section 524 of this title, be promoted to or extended 
Federal recognition in such higher reserve grade and may continue 
to serve on active duty, or be ordered to serve on active duty, in such 
higher reserve grade. 
"(b) Notwithstanding any other provision of law, the service in 
grade for promotion purposes only of any reserve commissioned 
officer who is promoted to or extended Federal recognition in a 
higher reserve grade but whose promotion to or recognition in such 
higher reserve grade was delayed solely because of limitations 
imposed in accordance with regulations prescribed by the Secretary 
of Defense under subsection (a) or contained in section 524 of this 
title, is the date such officer would have been promoted to or 
recognized in such higher reserve grade if the limitations did not 
exist. In computing service in grade for the purposes of determining 
the date for discharge or transfer to the Retired Reserve under 
1
0 use 8843 e
^ chapter 863 of this title, the date the officer would have been 
*
*
*
• 
promoted to or recognized in such higher grade had the limitations 
not existed shall be considered the date of promotion to or recogni-
tion in such higher grade. 
"(c) Regulations prescribed by the Secretary of Defense under 
subsection (a) shall prohibit the promotion of an officer under the 
authority of that subsection unless the duty assignment of the 
officer requires a higher grade than the grade currently held by the 
officer. 
Expiration date. 
"(d) The authority to promote officers under this section shall 
expire on September 30,1985.". 
(2) The item relating to section 8380 in the table of sections at the 
beginning of chapter 837 of such title is amended to read as follows: 
"8380. Commissioned officers: promotion of reserve commissioned officers on active 
duty Emd not on the active duty list.". 
10 u s e 3360. 
10 u s e 8853. 
Effective date. 
10 u s e 3360 
note. 
COMPUTATION OF YEARS OF SERVICE FOR MANDATORY TRANSFER OF 
CERTAIN RESERVISTS TO THE RETIRED RESERVE 
SEC. 1016. (a) Section 3853 of title 10, United States Code, is 
amended— 
(1) in clause (1)— 
(A) by inserting "and" at the end of subclause (A); and 
(B) by striking out the comma and "and" at the end of 
subclause (B) and all that follows through "Public Law 
85-861"; and 
(2) by striking out the last sentence. 
(b) Sections 3360(b) and 3360(c) of such title are each amended by 
striking out the last sentence. 
(c) Section 8853 of such title is amended— 
(1) by inserting "and" at the end of clause (1); 
(2) by striking the semicolon and "and" at the end of clause (2) 
and inserting in lieu thereof a period; and 
(3) by striking out clause (3). 
(d) TTie amendments made by this section shall be effective only 
for the period beginning on October 1,1983, and ending on Septem-
ber 30,1985. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 669 
AUTHORITY TO ORDER CERTAIN RETIRED MEMBERS OF RESERVE 
COMPONENTS TO ACTIVE DUTY 
SEC. 1017. (a) Section 675 of title 10, United States Code, is 
amended by inserting "or 688" after "672(a)". 
(bXD Subsection (a) of section 688 of such title is amended by lo use 688. 
inserting ", a member of the Retired Reserve who has completed at 
least 20 years of active service, or a member of the Fleet Reserve or 
Fleet Marine Corps Reserve" in the first sentence after "Marine 
Corps". 
(2) Subsection (b) of such section is amended by striking out "A 
retired member of the Regular Army, Regular Navy, R^ular Air 
Force, or Regular Marine Corps" and inserting in lieu thereof "A 
member ordered to active duty under this section". 
(3) The heading of such section is amended to read as follows: 
"§ 688. Retired members". 
(4) The item relating to such section in the table of sections at the 
beginning of chapter 39 of such title is amended to read as follows: 
"688. Retired members.". 
AUTHORITY TO PERMIT RETIRED ENLISTED MEMBERS OF REGULAR 
COMPONENTS TO BE PLACED VOLUNTARILY IN THE READY RESERVE 
SEC 1018. Section 269(d) of title 10, United States Code, is 
amended to read as follows: 
"(d) Under such regulations as the Secretary concerned may 
prescribe, any qualified member of a reserve component or any 
qualified retired enlisted member of a regular component may, upon 
his request, be placed in the Ready Reserve. However, a member of 
the Retired Reserve entitled to retired pay or a retired enlisted 
member of a regular component may not be placed in the Ready 
Reserve unless the Secretary concerned makes a special finding that 
the member's services in the Ready Reserve are indispensable. The 
Secretary concerned may not delegate his authority under the 
preceding sentence.". 
VAUDATION OF CERTAIN ARMY APPOINTMENTS MADE IN GRADES ABOVE 
THE GRADE OF SECOND UEUTENANT 
SEC. 1019. (a) The appointment of a person as a reserve commis-
sioned officer of the Army in a grade above second lieutenant that 
was made during the period beginning on September 15, 1981 (the 
effective date of the Defense Officer Personnel Management Act 
(Public Law 96-513; 94 Stat. 2835)), and ending on August 24, 1982 lo use loi note. 
(the date of a Department of the Army directive which terminated 
the appointments of reserve commissioned officers above the grade 
of second lieutenant under appointment criteria in effect before the 
effective date of the Defense Officer Personnel Management Act) 
shall be held and considered to be a valid appointment in the grade 
in which the appointment was made, subject to the consent of the 
officer concerned. 
(b)(1) A reserve commissioned officer whose appointment in a 
grade above second lieutenant is validated by subsection (a) is 
entitled to all the rights, privileges, and benefits of the grade to 
which appointed as of the original date of that appointment, except 
that such officer is not entitled to any increase in pay or allowances 
97 STAT. 670 
PUBLIC LAW 98-94—SEPT. 24, 1983 
for any period prior to the date of the enactment of this section l^ 
virtue of the enactment of this section. 
(2) An appointment validated by subsection (a) supersedes any 
appointment or enlistment of the person concerned made between 
August 25,1982, and the date of the enactment of this Act. 
PART C—OTHER PERSONNEL MANAGEB^ENT PROVISIONS 
AUTHORITY OF PRESTOENT TO SUSPEND CERTAIN LAWS RELATING TO 
PROMOTION, RETIREMENT, AND SEPARATION 
SEC. 1021. (a) Chapter 39 of title 10, United States Code, is 
amended by adding after section 673b the following new section: 
1
0 use 673c. 
«
«
§ 673c. Authority of President to suspend certain laws relating to 
promotion, retirement, and separation 
"(a) Notwithstanding any other provision of law, during any 
period members of a reserve component are serving on active dutv 
pursuant to an order to active duty under authority of section 672, 
1
0 use 672,673, 673, or 673b of this title, the President may suspend any provision of 
^'^^^- 
law relating to promotion, retirement, or separation applicable to 
any member of the armed forces who the President determines is 
essential to the national security of the United States. 
"(b) A suspension made under the authority of subsection (a) shall 
terminate (1) upon release from active duty of members of the 
reserve component ordered to active duty under the authority of 
section 672, 673, or 673b, as the case may be, or (2) at such time as 
the President determines the circumstances which required the 
action of ordering members of the reserve component to active duty 
no longer exist, whichever is earlier.". 
(b) 'Die table of sections at the beginning of chapter 39 of such title 
is amended by inserting immediately below the item relating to 
section 673b the following new item: 
"673c. Authority of President to suspend certain laws relating to promotion, retire-
ment, and separation.". 
AUTHOMTY TO INCREASE TOTAL INITIAL TERM OF SERVICE IN THE 
ARMED FORCES 
SEC. 1022. (aXD Section 511 of title 10, United States Code, is 
amended— 
(A) in subsection (b), by striking out "six years" and inserting 
in lieu thereof "not less than six years nor more than eight 
years"; and 
(B) in subsection (d), by striking out "six years" and inserting 
in lieu thereof "not less than six years nor more than eight 
years". 
1
0 use 511 note. 
(2) The amendments made by paragraph (1) shall apply only with 
respect to persons who enlist under the authority of subsection (b) or 
(d) of section 511 of title 10, United States Code, 60 or more days 
after the date of the enactment of this Act. 
OJXD Subsection (a) of section 651 of title 10, United States Code, is 
amended to read as follows: 
"(a) Each person who becomes a member of an armed force, other 
than a person deferred under the next to the last sentence of section 
6(dXl) of the Military Selective Service Act (50 U.S.C. App. 456(dXl)) 
shall serve in the armed forces for a total initial period of not less 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 671 
than six years nor more than eight years, as provided in regulations 
prescribed by the Secretary of Defense for the armed forces under 
his jurisdiction and by the Secretary of Transportation for the Co£ist 
Guard when it is not operating as a service in the Navy, unless such 
person is sooner discharged under such regulations because of per-
sonal hardship. Any part of such service that is not active duty or 
that is active duty for training shall be performed in a reserve 
component.". 
(2) The amendment made by paragraph (1) shall apply only with 
respect to persons who enter the Armed Forces 60 or more days after 
the date of the enactment of this Act. 
Effective date. 
10 u s e 651 note. 
VARIABLE TERMS FOR ENUSTMENTS AND REENUSTMENTS IN REGULAR 
COMPONENTS 
SEC. 1023. Section 505 of title 10, United States Code, is amended 
by striking out "two, three, four, five, or six years" in subsections (c) 
and (d) and inserting in lieu thereof "at least two but not more than 
six years". 
PART D—MISCELLANEOUS 
EXTENSION OF PERIOD DURING WHICH CERTAIN ACCUMULATED LEAVE 
MAY BE USED 
SEC. 1031. (a) The last sentence of section 701(f) of title 10, United 
States Code, is amended by inserting "third" after "end of the". 
(b)(1) The amendment made by subsection (a) shall take effect on Effective date. 
the date of the enactment of this Act and shall apply to leave 
accumulated under section 701(f) of such title after September 30, 
1980. 
(2) A member of the Armed Forces who was authorized under l
O U
S
C 701 note. 
section 701(f) of such title to accumulate 90 days' leave during fiscal 
year 1980, 1981, or 1982 and lost any leave at the end of fiscal year 
1981,1982, or 1983, respectively, because of the provisions of the last 
sentence of such section, as in effect on the day before the date of 
the enactment of this Act, shall be credited with the amount of the 
leave lost and may retain leave in excess of 60 days until (A) 
September 30, 1984, or (B) the end of the third fiscal year after the 
year in which such leave was accumulated, whichever is later, but in 
no case may such a member accumulate leave in excess of 90 days. 
(3) Section 404 of the Department of Defense Authorization Act, Repeal. 
1983 (Public Law 97-252; 96 Stat. 725), is repealed. 
TRANSPORTATION OF REMAINS OF MIUTARY RETIREES DYING IN 
MIUTARY HOSPITALS 
SEC. 1032. (aXD Chapter 75 of title 10, United States Code, is 
amended by adding at the end thereof the following new section. 
"§ 1490. Transportation of remains of members entitled to retired 
or retainer pay who die in a military medical facility 
"(a) Subject to subsection (b), when a member entitled to retired or 
retainer pay or equivalent pay dies while properly admitted under 
chapter 55 of this title to a medical facility of the armed forces 
located in the United States, the Secretary concerned may transport 
the remains, or pay the cost of transporting the remains, of the 
decedent to the place of burial of the decedent. 
10 u s e 1490. 
10 u s e 1071 et 
seq. 
97 STAT. 672 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 u s e 1481, 
1482; 38 USC 901 
et seq. 
10 USC 1490 
note. 
"(bXl) Transportation provided under this section may not be to a 
place outside the United States or to a place further from the place 
of death than the decedent's last place of permanent residence, and 
any amount paid under this section may not exceed the cost of 
transportation from the place of death to the decedent's last place of 
permanent residence. 
"(2) Transportation of the remains of a decedent may not be 
provided under this section if such transportation is authorized by 
sections 1481 and 1482 of this title or by chapter 23 of title 38. 
"(c) In this section, 'United States' includes the Commonwealth of 
Puerto Rico and the territories and possessions of 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: 
"1490. Transportation of remains of members entitled to retired or retainer pay who 
die in a military medical facility.". 
(b) Section 1490 of title 10, United States Code, as added by 
subsection (a), shall apply with respect to the transportation of the 
remains of persons dying after September 30,1983. 
Effective date. 
10 USC 133 note. 
FEE FOR VETERINARY SERVICES 
SEC. 1033. Effective on October 1, 1984, the Secretary of Defense 
shgQl require that a member of the Armed Forces pay a fee of $10 for 
each time that a pet of such member is provided veterinary care 
service by a member of the Armed Forces. 
EXTENSION OF PILOT DEPARTMENT OF DEFENSE EDUCATIONAL 
ASSISTANCE LOAN REPAYMENT PROGRAM 
SEC. 1034. Section 902(g) of the Department of Defense Authoriza-
tion Act, 1981 (10 U.S.C. 2141 note), is amended by striking out 
"October 1, 1983" and inserting in lieu thereof "October 1, 1984". 
TITLE XI—NATO AND RELATED MATTERS 
Report to 
Congress. 
NORTH ATLANTIC DEFENSE COOPERATIVE PROGRAMS 
SEC. 1101. In order to fulfill the international obligations incurred 
by the United States under the North Atlantic Treaty Organiza-
tion's Long-Term Defense Program for the rapid reinforcement of 
Europe, and recognizing that such action is in the national interest 
of the United States, the Secretary of Defense shall carry out 
commitments of the United States under the United States-German 
Wartime Host Nation Support Agreement of April 15, 1982, and 
under the Prepositioned Materiel Configured in Unit Sets 
(POMCUS) program by the earliest practicable date. The Secretary 
of Defense sh^l include in his annual report to the Congress a 
statement describing the status of implementation of such agree-
ment and program, including his assessment of whether our allies 
are bearing their equitable share under such agreement and pro-
gram and whether the implementation of such agreement £ind 
program adversely affects the readiness of the reserve components 
of the Armed Forces of the United States. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 673 
REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE 
SEC. 1102. (a) In recognition of the increasing military threat faced 
22 use 1928 
by the Western World and in view of the growth, relative to the 
"°*^-
United States, in the economic strength of Japan, Canada, and a 
number of Western European countries which has occurred since 
the signing of the North Atlantic Treaty on April 4, 1949, and the 
63 Stat. 2241. 
Mutual Cooperation and Security treaty between Japan and the 
United States on January 19, 1960, it is the sense of the Congress 
ii UST 1632. 
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; 
(2) since May 1978, when each NATO member nation 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 and performance toward this goal in 1983 is esti-
mated to be the most deficient, on average, since the goal was 
established; 
(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 cohesiveness 
of the alliances between those countries and the United States. 
(b) It is further the sense of the Congress that the President 
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)(1) The Secretary of Defense shall submit to the Congress not 
Classified report 
later than March 1,1984, a classified report containing— 
^° Congress. 
(A) 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 the North 
Atlantic Treaty Organization (NATO), and by Japan, based 
upon economic strength and other relevant factors, and the 
actual defense efforts of each nation together with an explana-
tion of disparities that currently exist and their impact on 
mutual defense efforts; 
11-194 O - 85 ~ 
23 : Q
L 3 
97 STAT. 674 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Report to 
Congress. 
(B) a description of efforts by the United States and of other 
efforts to eliminate existing disparities; 
(C) estimates of the real growth in defense spending in fiscal 
year 1983 projected for each NATO member nation compared 
with the annual real growth goal in the range of 3 percent set in 
May 1978; 
(D) a description of the defense-related initiatives underteiken 
by each NATO member nation within the real growth in de-
fense spending of such nation in fiscal year 1984; 
(E) 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; 
(F) a description of the activities of each NATO member and 
Japan to enhance the security and stability of the Southwest 
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 
(G) a description of what additional actions the executive 
branch plans to take should the efforts by the United States 
referred to in clauses (B) and (E) fail, and, in those instances 
where such additional actions do not include consideration of 
the repositioning of American troops, a detailed explanation as 
to why such repositioning is not being so considered. 
(2) The Secretary of Defense shall also submit to the Congress not 
more than 30 days after the submission of the report required under 
paragraph (1) an unclassified report containing the matters set forth 
in clauses (A) through (G) of such paragraph. 
Funding 
restriction. 
Written 
certifications to 
Congress. 
UMITATION ON NUMBER OF MILITARY PERSONNEL STATIONED IN 
EUROPE 
SEC. 1103. (a) Except as provided in subsections (b) and (c), none of 
the funds authorized to be appropriated by this or any other Act 
may be used for the purpose of supporting an end-strength level, as 
of September 30, 1984, of members of the Armed Forces of the 
United States assigned to permanent duty ashore in European 
member nations of the North Atlantic Treaty Organization (NATO) 
at any level in excess of 315,600. 
(b) A number of United States military personnel in excess of 
315,600, but not in excess of 320,000, may be permanently assigned 
to duty ashore in such European nations as of September 30, 1984, 
i
f
— 
(1) the Secretary of Defense determines and certifies to the 
Congress in writing that on September 30, 1984, the total 
number of military personnel of NATO member nations, other 
than the United States, stationed in the Federal Republic of 
Germany will not be less than the total number of military 
personnel of such member nations stationed in that country on 
the date of the enactment of this Act; 
(2) the Secretary of Defense certifies to the Congress in writ-
ing on or after June 1,1984, that the budget for the Department 
of Defense for fiscal year 1985 and the Five-Year Defense Plan 
of the Department of Defense for fiscal years 1985 through 1989 
give significant priority to programs directly intended to im-
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 675 
prove NATO's conventional capabilities, particularly its capa-
bility for deep interdiction; 
(3) the Department of IDefense has conducted a thorough and 
detailed analysis of the United States force and support struc-
ture in Europe which the Secretary of Defense submits to 
C!ongress on or after June 1, 1984, with his certification in 
writing that a number of United States military personnel in 
excess of 315,600 is required to meet the United States commit-
ment to NATO; and 
(4) the studies required by sections 1104 through 1107 have 
been conducted and the reports and recommendations resulting 
from such studies have been submitted to the Congress. 
(c) A number of United States military personnel in excess of 
315,600 or in excess of 320,000 may be assigned to permanent duty 
ashore in European member nations of NATO as of September 30, 
1984, without the conditions specified in subsection (b) having been 
met if the President (1) determines and certifies to the Congress in 
writing that overriding national security interests require a number 
of such personnel to be assigned to permanent duty ashore in such 
nations in excess of 315,600 or 320,000, as the case may be, and (2) 
includes in the certification the total number of such personnel 
required and an explanation of the overriding national security 
interests that require such number of personnel. 
(d) In computing the limitation specified in subsections (a) and (b), 
there may be excluded not more than 2,600 military personnel 
assigned to the Ground Launched Cruise Missile program and the 
Pershing II Missile program. 
Submittal to 
Congress. 
REPORT ON IMPROVEMENT OF CONVENTIONAL FORCES OF NATO 
SEC. 1104. (a) At the same time the President submits the budget 
for fiscal year 1985 pursuant to section 1105 of title 31, United 
States Code, but not later than May 1, 1984, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a comprehensive report and 
plan for improving conventional defense capabilities of the North 
Atlantic Treaty Organization (NATO). The Secretary shall include 
in such report— 
(1) his recommendations on how NATO's strategy and mili-
tary program could and should be changed to improve substan-
tially the chances of a successful conventional defense of 
Europe; 
(2) a statement and explanation of what the aggregate NATO 
conventional defense requirements are; 
(3) a current assessment and statement of the status of the 
Air-Land Battle concept within the Department of Defense and 
NATO; 
(4) an explanation of how and to what extent the various 
doctrines of NATO military forces are coordinated, and how 
variations in doctrine can be rectified or exploited to NATO's 
advantage; 
(5) his judgment on the most effective means by which NATO 
military forces can be operationally integrated to implement 
the Air-Land Battle concept; 
(6) the United States programs which are necessary to sup-
port improved NATO conventional capabilities, the changes 
which are needed, and what the fiscal year 1985 budget and 
Submittal to 
congressional 
committees. 
97 STAT. 676 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Five-Year Defense Plan of the Department of Defense for fiscal 
years 1985 through 1989 provide for with respect to NATO 
conventional capabilities; 
(7) the United States conventional programs and weapons 
that are provided for in the fiscal year 1985 budget and Five-
Year Defense Plan of the Department of Defense for fiscal years 
1985 through 1989 to enhance the disruption and destruction of 
Soviet follow-on echelons as well as fixed-site military targets; 
(8) the new weapons or systems which are available for such 
purpose that are not in the current budget or Five-Year Defense 
Plan of the Department of Defense; 
(9) a determination of what are the achievable NATO-wide 
improvements in conventional defense capability; and 
(10) a separate addendum and assessment by the Supreme 
Allied CJommander, Europe, on measures necessary to improve 
NATO conventional defense capabilities, including a recom-
mended plan for such measures. 
Report to 
(b) The President shall submit to the Congress not later than June 
Congress. 
j^ ^984, his recommendations and plan for improving NATO conven-
tional defense capabilities. 
REPORT ON THE NUCLEAR POSTURE OF NATO 
Study. 
SEC. 1105. (a) The Secretary of Defense shall conduct a study on 
the tactical nuclear posture of the North Atlantic Treaty Organiza-
tion (NATO) and submit a report on the results of such study to the 
Committees on Armed Services of the Senate and the House of 
Representatives not later than May 1, 1984. Such study shall 
include— 
(1) a detailed assessment of the current tactical nuclear bal-
ance in Europe and that projected for 1990; 
(2) an assessment of the current, respective operational doc-
trines for the use of tactical nuclear weapons in Europe of the 
Warsaw Pact and NATO; 
(3) an explanation of how the threat of the use of such 
weapons relates to deterrence and to conventional defense; 
(4) an identification of the number and tjrpes of nuclear 
warheads, if any, considered to be inessential to the defense 
structure of Western Europe, the quantity and type of such 
weapons that could be eliminated from Europe under appropri-
ate circumstances without jeopardizing the security of NATO 
nations and an assessment of what such circumstances might 
be; 
(5) an explanation of the steps that can be taken to develop a 
rational and coordinated nuclear posture by NATO in a manner 
that is consistent with proper emphasis on conventional defense 
forces; and 
(6) an identification of any notable, relevant developments 
that have occurred since the submission to the Congress in 
April 1975 of the report entitled "The Theater Nuclear Force 
Posture in Europe", prepared by the Secretary of Defense pur-
suant to section 302 of the Department of Defense Appropri-
88 Stat. 401. 
ation Authorization Act, 1975 (Public Law 93-365), which might 
cause the findings and conclusions of that report to require 
revision and such revisions in such report as the Secretary 
considers appropriate. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 677 
(b) The President shall submit a written report to the Congress on 
or before June 1, 1984, containing his views on the Department of 
Defense study and report required under subsection (a) together 
with such recommendations with respect to such study and report as 
he considers appropriate. 
Report to 
Congress. 
REPORT ON COMBAT-TO-SUPPORT RATIO OF UNITED STATES FORCES IN 
EUROPE IN SUPPORT OF NATO 
SEC. 1106. (a) The Secretary of Defense shall submit a report to the 
Committees on Armed Services of the Senate and House of Repre-
sentatives not later than May 1, 1984, on the combat, combat 
support, combat service support, and noncombat components of the 
Armed Forces of the United States assigned to permanent duty in 
Europe in support of the North Atlantic Treaty Organization 
(NATO). The Secretary shall include in such report— 
(1) an analysis of the historical (since 1974), current, and 
projected combat, combat support, combat service support, and 
noncombat components of the Armed Forces of the United 
States assigned to permanent duty in Europe in support of 
NATO and their relationship to each other; 
(2) a review of the requirements for such combat, combat 
support, combat service support, and noncombat components; 
and 
(3) his assessment of the current balance among units of 
United States combat components, combat support components, 
and combat service support components forward deployed in 
Europe and his recommendations for any changes needed to 
improve that balance in the future. 
(b) For the purposes of the report required by subsection (a)— 
(1) the combat component of the Army includes only the 
infantry, cavalry, artillery, armored, combat engineers, special 
forces, attack assault helicopter units, air defense, and missile 
combat units of battalion or smaller size; 
(2) the combat component of the Navy includes only the 
combatant ships (aircraft carrier, battleship, cruiser, destroyer, 
frigate, submarine, and amphibious assault ships) and combat 
aircraft wings (fighter, attack, reconnaissance, and patrol); and 
(3) the combat component of the Air Force includes only the 
tactical fighter, reconnaissance, tactical airlift, ^hter intercep-
tor, and bomber units of wing or smaller size. 
Submittal to 
congressional 
committees. 
REPORT 
ON 
UNITED 
STATES 
EXPENDITURES 
IN 
SUPPORT 
OF 
NATO 
SEC. 1107. (a) The Secretary of Defense shall review and analyze 
the fiscal year 1983 expenditures of the Department of Defense in 
fulfilling the United States commitment to the North Atlantic 
Treaty Organization (NATO) and the expenditures projected for 
such purpose for each of the fiscal years 1984 through 1989. 
(bXl) The Secretary of Defense shall submit a detailed written 
report to the Congress not later than June 1, 1984, on the review 
and analysis required under subsection (a). The Secretary shall set 
out in such report, in current and constant fiscal year 1983 dollar 
figures, the expenditures made in fiscal year 1983 and expenditures 
projected to be made in fiscal years 1984 through 1989 by the United 
States in fulfilling its commitment to NATO in each of the following 
categories: 
Submittal to 
Congress. 
97 STAT. 678 
PUBLIC LAW 98-94—SEPT. 24, 1983 
(A) Procurement. 
(B) Operations and maintenance. 
(C) Military construction. 
(D) Military personnel. 
(E) Research, development, test, and evaluation. 
(2) The Secretary of Defense shall also include in such report a 
separate breakout of the fiscal year 1983 Department of Defense 
expenditures in each of the categories specified in paragraph (1) for 
the Armed Forces of the United States assigned to permanent duty 
ashore in the European member nations of NATO and the expendi-
tures projected to be incurred by the Department of Defense in each 
of those categories in each of the fiscal years 1984 through 1989 for 
personnel of the Armed Forces of the United States planned to be 
assigned to permanent duty ashore in such nations during each of 
those fiscal years. The Secretary of Defense shall also include in 
such report similar separate breakouts for all classes of United 
States forces reflected in the data submitted to the Committee on 
Armed Services of the Senate and printed in part 1, pages 61-68, of 
that Committee's hearings on Department of Defense Authorization 
For Appropriations For Fiscal Year 1982. 
(3) The Secretary of Defense shall also include in such report the 
estimated percentage growth in each of the five categories specified 
in paragraph (1) of subsection (b), after allowing for inflation, from 
one year to the next for the fiscal years 1983 through 1989. In the 
case of each category of expenditures for which the annual projected 
rate of expenditure growth after fiscal year 1983 exceeds 3 percent, 
after allowing for inflation, over the previous fiscal year, the Secre-
tary shall include his assessment of the impact on NATO of limiting 
the growth of expenditures in that category to 3 percent real 
growth. 
TITLE XII—GENERAL PROVISIONS 
PART A—FINANCIAL MATTERS 
TRANSFER AUTHORITY 
SEC. 1201. (a)(1) 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 $1,500,000,000. 
(b) The authority provided by this section to transfer authoriza-
tions— 
(1) may only be used to provide authority for higher priority 
items than the items from which authority is transferred; and 
(2) may not be used to provide authority for an item that has 
been denied authorization by Congress. 
Notification of 
(c) The Secretary of Defense shall promptly notify Congress of 
Congress. 
transfers made under the authority of this section. 
Ante, p. 625. 
(d) Transfers between paragraphs of a subsection of section 301 
may be made without regard to the requirements of this section. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 679 
LONG-TERM LEASE OR CHAPTER OF AIRCRAFT AND VESSELS 
SEC. 1202. (aXD Chapter 141 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
"§ 2401. Requirement for authorization by law of certain contracts 
relating to vessels and aircraft 
"(a)(1) The Secretary of a military department may make a con-
tract for the lease of a vessel or aircraft or for the provision of a 
service through use by a contractor of a vessel or aircraft only as 
provided in subsection (b) i
f
— 
"(A) the contract will be a long-term lease or charter; or 
"(B) the terms of the contract provide for a substantial termi-
nation liability on the part of the United States. 
"(2) The Secretary of a military department may make a contract 
that is an agreement to lease or charter or an agreement to provide 
services and that is (or will be) accompanied by a contract for the 
actual lease, charter, or provision of services only as provided in 
subsection (b) if the contract for the actual lease, charter, or provi-
sion of services is (or will be) a contract described in paragraph (1). 
"(b)(1) The Secretary may make a contract describea in subsection 
(a)(1) if-
"(A) the Secretary has been specifically authorized by law to 
make the contract; 
"(B) before a solicitation for proposals for the contract was 
issued the Secretary notified the Committees on Armed Services 
and on Appropriations of the Senate and House of Representa-
tives of the Secretary's intention to issue such a solicitation; and 
"(C) the Secretary has notified the Committees on Armed 
Services and on Appropriations of the Senate and House of 
Representatives of the proposed contract and provided a de-
tailed description of the terms of the proposed contract and a 
justification for entering into the proposed contract rather than 
providing for the lease, charter, or services involved through 
purchase of the vessel or aircraft to be used under the contract, 
and a period of 30 days of continuous session of Congress has 
expired following the date on which notice was received by such 
committees. 
"(2) For purposes of paragraph (IXC), the continuity of a session of 
Congress is broken only by an adjournment of the Congress 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 a computation of such 30-day period. 
"(c) Funds may not be appropriated for any fiscal year to or for 
any armed force or obligated or expended for— 
"(1) the long-term lease or charter of any aircraft or naval 
vessel; or 
"(2) for the lease or charter of any aircraft or naval vessel the 
terms of which provide for a substantial termination liability on 
the part of the United States, 
unless funds for that purpose have been specifically authorized by 
law. 
"(dXlXA) In this section, the term 'long-term lease or charter' 
(except as provided in subparagraph (B)) means a lease, charter, 
service contract, or conditional sale agreement— 
"(i) the term of which is for a period of five years or longer or 
more than one-half the useful life of the vessel or aircraft; or 
10 u s e 2401. 
Notification of 
congressional 
committees. 
Congressional 
adjournment. 
Funding 
restrictions. 
"Long-term 
lease or 
charter." 
97 STAT. 680 
PUBLIC LAW 98-94—SEPT. 24, 1983 
26 use 168. 
Termination 
liability. 
Request 
submittal 
to Congress. 
"(ii) the initial term of which is for a period of less than five 
years but which contains an option to renew or extend the 
agreement for a period which, when added to the initial term 
(or any previous renewal or extension), is five years or longer. 
Such term includes the extension or renewal of a lease or charter 
agreement if the term of the extension or renewal thereof is for a 
period of five years or longer or if the term of the lease or charter 
agreement being extended or renewed was for a period of five years 
or longer. 
"(B) In the case of an agreement under which the lessor first 
places the property in service under the agreement or the property 
has been in service for less than one year and there is allowable to 
the lessor or charterer an investment tax credit or depreciation for 
the property leased, chartered, or otherwise provided under the 
agreement under section 168 of the Internal Revenue Code of 1954 
(unless the lessor or charterer has elected depreciation on a straight-
line method for such property), the term long-term lease or charter* 
means a lease, charter, service contract, or conditional sale 
agreement— 
"(i) the term of which is for a period of three years or longer; 
or 
"(ii) the initial term of which is for a period of less than three 
years but which contains an option to renew or extend the 
agreement for a period which, when added to the initial term 
(or any previous renewal or extension), is three years or longer. 
Such term includes the extension or renewal of a lease or charter 
agreement if the term of the extension or renewal thereof is for a 
period of three years or longer or if the term of the lease or charter 
agreement being extended or renewed was for a period of three 
years or longer. 
"(2) For the purposes of this section, the United States shall be 
considered to have a substantial termination liability under a 
contract— 
"(A) if there is an agreement by the United States under the 
contract to pay an amount not less than the amount equal to 25 
percent of the value of the vessel or aircraft under lease or 
charter, calculated on the basis of the present value of the 
termination liability of the United States under such charter or 
lease (as determined under regulations prescribed by the Secre-
tary of Defense); or 
(B) if (as determined under regulations prescribed by the 
Secretary of Defense) the sum o
f
— 
"(i) the present value of the amount of the termination 
liability of the United States under the contract as of the 
end of the term of the contract (exclusive of any option to 
extend the contract); and 
"(ii) the present value of the total of the payments to be 
made by the United States under the contract (excluding 
any option to extend the contract) attributable to capital-
hire, 
is more than one-half the price of the vessel or aircraft involved. 
"(eXD Whenever a request is submitted to Congress for the au-
thorization of the long-term lease or charter of aircraft or naval 
vessels or for the authorization of a lease or charter of aircraft or 
naval vessels which provides for a substantial termination liability 
on the part of the United States, the Secretary of Defense shall 
submit with that request an analysis of the cost to the United States 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 681 
(including lost tax revenues) of any such lease or charter arrange-
ment compared with the cost to the United States of direct procure-
ment of the aircraft or naval vessels by the United States. 
"(2) Any such analysis shall be reviewed and evaluated by the 
Director of the Office of Management and Budget and the Secretary 
of the Treasury within 30 days after the date on which the request 
and analysis are submitted to Congress. The Director and Secretary 
shall conduct such review and ev^uation on the basis of the guide-
lines issued pursuant to subsection (f) and shall report to Congress 
in writing on the results of their review and evaluation at the 
earliest practicable date, but in no event more than 45 days 
after the date on which the request and analysis are submitted to 
the Congress. 
"(3) Whenever a request is submitted to Congress for the authori-
zation of funds for the Department of Defense for the long-term 
lease or charter of aircraft or naval vessels authorized under this 
section, the Secretary of Defense— 
"(A) shall indicate in the request what portion of the 
requested funds is attributable to capital-hire; and 
"(B) shall reflect such portion in the appropriate procurement 
account in the request. 
"(f) The Director of the Office of Management and Budget and the 
Secretary of the Treasury shall jointly issue guidelines for determin-
ing under what circumstances the Department of Defense may use 
lease or charter arrangements for aircraft and naval vessels rather 
than directly procuring such aircraft and vessels. Such guidelines 
shall be issued not later than 90 days after the date of enactment of 
this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2401. Requirement for authorization by law of certain contracts relating to vessels 
and aircraft.". 
(3) Section 2401 of title 10, United States Code, as added by 
paragraph (1), shall not apply in the case of any lease or charter 
agreement entered into by the Department of Defense before De-
cember 1,1983. 
(b) Funds appropriated pursuant to an authorization contained in 
this Act may not be used to indemnify any person under the terms 
of a contract entered into with the United States under section 2401 
of title 10, United States Code (as added by subsection (a))— 
(1) for any amount paid or due by any person to the United 
States for any liability arising under the Internal Revenue Code 
of 1954; or 
(2) to pay any attorneys' fees in connection with such 
contract. 
(cXl) At the same time that the President submits the budget 
request for the Department of Defense to Congress for fiscal year 
1985, the Secretary of Defense shall submit a written report to the 
Committees on Armed Services and on Appropriations of the Senate 
and House of Representatives concerning leases or charters de-
scribed in paragraph (2). 
(2) Such report shall include a list of all leases, charters, service 
contracts, or conditional sales, the term of which is for a period of 1 
year or longer, for m^jor items of defense equipment (including 
aircraft and naval vessels) which are to be funded either directly or 
indirectly by any portion of the funds contained in such budget 
Analysis, review 
and evaluation. 
Report to 
Congress. 
Request 
submittal to 
Congress. 
Guidelines. 
10 use 2401 
note. 
10 use 2401 
note. 
26 use 1 et seq. 
Submittal to 
congressional 
committees. 
97 STAT. 682 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Funding 
restriction. 
10 u s e 2401 
note. 
request. Such report shall also include an estimate of the funding 
level and the source of funding for each such lease, charter, service 
contract, or conditional sale. 
(d) Funds available to the Department of Defense may not be used 
to enter into any contract during fiscal year 1984 under section 2401 
of title 10, United States C!ode, as added by subsection (a), the term 
of which is for 3 years or more, inclusive of any option for contract 
extension or renewal, for any vessels, aircraft, or vehicles, through a 
lease, charter, or similar agreement, that imposes an estimated 
termination liability (excluding the estimated value of the leased 
item at the time of termination) on the United States exceeding 50 
percent of the original purchase value of the vessel, aircraft, or 
vehicle involved for which the Congress has not specifically provided 
budget authority for the obligation of 10 percent of such termination 
liability. 
(e) Nothing in this section shall impede or affect the ability of the 
Secretary of the Navy to proceed to acquire the use of thirteen 
T-AKX class Maritime Prepositioning Ships and the use of five new 
T-5 class tankers in accordance with the long-term charter arrange-
ments negotiated by the Navy before the date of the enactment of 
this Act. 
INDEPENDENT COST ESTIMATES OF MAJOR DEFENSE ACQUISITION 
PROGRAMS 
SEC. 1203. (aXD Chapter 4 of title 10, United States Code, is 
amended by inserting after section 139b the following new section: 
1
0 use 139c. 
''§ 139c. Major defense acquisition programs: independent cost 
estimates. 
"(a) The Secretary of Defense may not approve the full-scale 
engineering development or the production and deployment of a 
major defense acquisition program unless an independent estimate 
of the cost of the program first has been submitted to (and consid-
ered by) the Secretary of Defense. 
"(b) In this section: 
"(1) 'Major defense acquisition program' has the same mean-
ing as provided in section 139a(a)(l) of this title. 
"(2) 'Independent estimate' means, with respect to a major 
defense acquisition program, an estimate of the cost of such 
program prepared by an office or other entity that is not under 
the supervision, direction, or control of the military depart-
ment, defense agency, or other component of the Department of 
Defense that is directly responsible for carr5dng out the develop-
ment or acquisition of the program. 
"Cost of the 
"(3) 'Cost of the program' means, with respect to a major 
program." 
defense acquisition program, all elements of the life-cycle costs 
of the program, including— 
"(A) the cost of all research and development efforts, 
without regard to the funding source or management 
control; 
"(B) the cost of the prime hardware and its major subcom-
ponents, support costs (including training, peculiar support, 
and data), initial spares, military construction costs, and 
the cost of all related procurements (including, where appli-
cable, modifications to existing aircraft or ship platforms), 
10 u s e 139a. 
"Independent 
estimate." 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 683 
without regard to the funding source or management con-
trol of the program; and 
"(C) all elements of operating and support costs.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 139b the 
following new item: 
"139c. Major defense acquisition programs: independent cost estimates.". 
(b) Section 139c of title 10, United States Code, as added by 
subsection (a), shall take effect on October 1,1983. 
(c) Not later than May 1, 1984, the Secretary of Defense shall 
submit a written report to the Committees on Armed Services of the 
Senate and House of Representatives on the use of independent cost 
estimates in the planning, programing, budgeting, and selection 
process for major defense acquisition programs in the Department of 
Defense. That report shall include an overall assessment of the 
extent to which such estimates were adopted by the Department in 
making decisions on the fiscal year 1985 budget and a general 
explanation of why such estimates might have been modified or 
rejected. In addition, the Secretary shall include in that report a 
discussion of current and future initiatives to make greater or more 
productive use of independent cost estimates in the Department of 
Defense. 
(d) It is the sense of the Congress that the Secretary of Defense 
should ensure that adequate personnel and financial resources are 
allocated at all levels of the Department of Defense to those organi-
zations or offices charged with developing or assessing independent 
estimates of the costs of major defense acquisition programs. 
Effective date. 
10 u s e 139c 
note. 
Report to 
congressional 
committees. 
10 u s e 139c 
note. 
10 u s e 139c 
note. 
REQUIREMENT OF AUTHORIZATION OF APPROPRIATIONS FOR WORKING-
CAPITAL FUNDS 
SEC. 1204. (a) The second sentence of section 2208(d) of title 10, 
United States Code, is amended to read as follows: "In addition, such 
amounts may be appropriated for the purpose of providing capital 
for working-capital funds as have been specifically authorized by 
law.". 
(b) The amendment made by subsection (a) shall apply only with 
respect to appropriations for fiscal years beginning after Septem-
ber 30,1984. 
Effective date. 
10 u s e 2208 
note. 
ONE-YEAR EXTENSION OF TEST PROGRAM TO AUTHORIZE PRICE 
DIFFERENTIALS TO REUEVE ECONOMIC DISLOCATIONS 
SEC. 1205. (a) Subsection (a) of section 1109 of the Department of 
Defense Authorization Act, 1983 (10 U.S.C. 2392 note), is amended by 
striking out "fiscal year 1983" each place it appears and inserting in 
lieu thereof "fiscal years 1983 and 1984". 
(b) Subsection (b) of such section is amended by inserting "and 
April 15,1984," after "1983" in the first sentence. 
10 u s e 2392 
note. 
AUTHORIZATION OF FUNDS FOR UPGRADING THE INTERNATIONAL 
COORDINATING COMMITTEE (COCOM) LOGISTICAL SUPPORT 
SEC. 1206. The Secretary of Defense may use, out of any funds 
available to the Department of Defense for fiscal year 1984, an 
amount not to exceed $2,000,000 for the purpose of upgrading and 
improving the logistical support of the International Coordinating 
97 STAT. 684 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Committee (COCOM) in order to strengthen control over the export 
of technology and equipment to certain countries by the United 
States and certain of its allies. 
PART B—DEPARTMENT OF DEFENSE MANAGEMENT MATTERS 
ESTABUSHMENT OF DEFENSE DIRECTOR OF OPERATIONAL TEST AND 
EVALUATION 
SEC. 1211. (a)(1) Chapter 4 of title 10, United States Code, is 
amended by inserting ^ter section 136 the following new section: 
1
0 use 136a. 
"§l36a. Director of Operational Test and Evaluation: appoint-
ment; powers and duties 
"(a)(1) There is a Director of Operational Test and Evaluation in 
the Department of Defense, appointed from civilian life by the 
President, by and with the advice and consent of the Senate. The 
Director shall be appointed without regard to political affiliation 
and solely on the basis of fitness to perform the duties of the office of 
Director. The Director may be removed from office by the President. 
The President shall communicate the reasons for any such removal 
to both Houses of Congress. 
Definitions. 
"(2) In this section: 
"(A) 'Operational test and evaluation' means— 
"(i) the field test, under realistic combat conditions, of 
any item of (or key component of) weapons, equipment, or 
munitions for the purpose of determining the effectiveness 
and suitability of the weapons, equipment, or munitions for 
use in combat by typical military users; and 
"(ii) the evaluation of the results of such test. 
"(B) 'Major defense acquisition program' means a Department 
of Defense acquisition program that is a major defense acquisi-
1
0 use 139a. 
tion program for purposes of section 139a(a)(l) of this title or 
that is designated as such a program by the Director for pur-
poses of this section. 
"(b) The Director is the principal adviser to the Secretary of 
Defense on operational test and evaluation in the Department of 
Defense and the principal operational test and evaluation official 
within the senior management of the Department of Defense. The 
Director shall— 
"(1) prescribe, by authority of the Secretary of Defense, poli-
cies and procedures for the conduct of operational test and 
evaluation in the Department of Defense; 
"(2) provide guidance to and consult with the Secretary of 
Defense and the Secretaries of the military departments with 
respect to operational test and evaluation in the Department of 
Defense in general and with respect to specific operational test 
and evaluation to be conducted in connection with a major 
defense acquisition program; 
"(3) monitor and review all operational test and evaluation in 
the Department of Defense; 
"(4) coordinate operational testing conducted jointly by more 
than one military department or defense agency; 
"(5) analyze the results of the operational test and evaluation 
conducted for each major defense acquisition program and, at 
the conclusion of such operational test and evaluation, report to 
the Secretary of Defense and to the Committees on Armed 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 685 
Services and on Appropriations of the Senate and House of 
Representatives as provided in subsection (c) on— 
"(A) whether the test and evaluation performed was 
adequate; and 
"(B) whether the test and evaluation results confirm that 
the items or components actually tested are effective and 
suitable for combat; and 
"(6) review and make recommendations to the Secretary of 
Defense on all budgetary and financial matters relating to 
operational test and evaluation, including operational test facil-
ities and equipment, in the Department of Defense. 
"(c) Each report of the Director required under subsection (b)(5) 
shall be submitted to the committees specified in that subsection in 
precisely the same form and with precisely the same content as the 
report originally was submitted to the Secretary and shall be accom-
panied by such comments as the Secretary of Defense may wish to 
make on such report. 
"(d) The Director reports directly, without intervening review or 
approval, to the Secretary of Defense. The Director shall consult 
closely with, but the Director and the Director's staff are independ-
ent of, the Under Secretary of Defense for Research and Engineer-
ing and all other officers and entities of the Department of Defense 
responsible for research and development. 
(e)(1) The Secretary of a military department shall report 
promptly to the Director the results of all operational test and 
evaluation conducted by the military department and of all studies 
conducted by the military department in connection with opera-
tional test and evaluation in the military department. 
"(2) The Director may require that such observers as he designates 
be present during the preparation for and the conduct of the test 
part of any operational test and evaluation conducted in the Depart-
ment of Defense. 
"(3) The Director shall have access to all records and data in the 
Department of Defense (including the records and data of each 
military department) that the Director considers necessary to 
review in order to carry out his duties under this section. 
"(f)(1) Operational testing of a major defense acquisition program 
may not be conducted until the Director has approved in writing the 
adequacy of the plans (including the adequacy of projected levels of 
funding) for operational test and evaluation to be conducted in 
connection with that program. 
"(2) A final decision within the Department of Defense to proceed 
with a major defense acquisition program beyond low-rate initial 
production may not be made until the Director has submitted to the 
Secretary of Defense the report with respect to that program re-
quired by subsection (b)(5) and the Committees on Armed Services 
and on Appropriations of the Senate and House of Representatives 
have received that report. 
"(g)(1) The Director shall prepare an annual report summarizing 
the operational test and evaluation activities of the Department of 
Defense during the preceding fiscal year. Each such report shall be 
submitted concurrently to the Secretary of Defense and the Con-
gress not later than January 15 immediately following the end of 
the fiscal year for which the report is prepared. The report shall 
include such comments and recommendations as the Director con-
siders appropriate, including comments and recommendations on 
resources and facilities available for operational test and evaluation 
Report 
submittal. 
Records and data 
accessibility. 
Report 
submittal. 
97 STAT. 686 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Comments. 
Effective date. 
10 u s e 136a 
note. 
and levels of funding made available for operational test and evalua-
tion activities. The Secretary may comment on any report of the 
Director to Congress under this paragraph. 
"(2) The Director shall comply with requests from Congress (or 
any committee of either House of Congress) for information relating 
to operational test and evaluation in the Department of Defense. 
"(h) The President shall include in the Budget transmitted to 
Congress pursuant to section 1105 of title 31 for each fiscal year a 
separate statement of estimated expenditures and proposed appro-
priations for that fiscal year for the activities of the Director of 
Operational Test and Evaluation in carrying out the duties and 
responsibilities of the Director under this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 136 the 
following new item: 
"136a. Director of Operational Test and Evaluation: appointment; powers and 
duties.". 
(b) Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following new item: 
"Director of Operational Test and Evaluation, Department of 
Defense.". 
(c) The amendments made by this section shall take effect on 
November 1,1983. 
ASSISTANT SECRETARIES IN THE DEPARTMENT OF DEFENSE 
SEC. 1212. (a)(1) Subsection (a) of section 136 of title 10, United 
States Code, is amended by striking out "seven" and inserting in 
lieu thereof "eleven". 
(2) Subsection (b) of such section is amended— 
(A) by inserting "(1)" after "(b)"; 
(B) by designating the second sentence of such subsection as 
paragraph (2); 
(C) by designating the fourth sentence of such subsection as 
paragraph (3) and by striking out "Reserve Affairs" in such 
sentence and inserting in lieu thereof "Logistics"; 
(D) by striking out "reserve component' in the fifth sentence 
of such subsection and inserting in lieu thereof "logistics"; 
(E) by inserting after paragraph (3) of such subsection (as 
designated by clause (O) the following paragraphs: 
"(4) One of the Assistant Secretaries shall be the Assistant Secre-
tary of Defense for Reserve Affairs. He shall have as his principal 
duty the overall supervision of reserve component affairs of the 
Department of Defense. 
"(5) One of the Assistant Secretaries shall be the Assistant Secre-
tary of Defense for Command, Control, Communications, and Intelli-
gence. He shall have as his principal duty the overall supervision of 
command, control, communications, and intelligence affairs of the 
Department of Defense."; and 
(F) by designating the sentence beginning "In addition" as 
paragraph (6) and in such sentence— 
(i) striking out "In addition, one" and inserting in lieu 
thereof "One"; 
(ii) redesignating clauses (1) through (5) as clauses (A) 
through (E), respectively; 
(iii) redesignating subclauses (A) through (D) of sub-
clauses (i) through (iv), respectively; and 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 687 
(iv) striking out "clauses (l)-(4)" and inserting in lieu 
thereof "clauses (A) through (D)". 
(3) Subsection (f) of such section is repealed. 
(b) Section 175(c) of title 10, United States Code, is amended by 
striking out "Manpower and". 
(c)(1) The first sentence of section 3013 of title 10, United States 
Code, is amended by striking out "four" and inserting in lieu thereof 
"five". 
(2) The first sentence of section 5034(a) of such title is amended by 
striking out "three" and inserting in lieu thereof "four". 
(d) Section 5315 of title 5, United States Code, is amended— 
(1) by striking out "(7)" after "Assistant Secretaries of De-
fense" and inserting in lieu thereof "(11)"; 
(2) by striking out "(4)" after "Assistant Secretaries of the 
Army" and inserting in lieu thereof "(5)"; and 
(3) by striking out "(3)" after "Assistant Secretaries of the 
Navy" and inserting in lieu thereof "(4)". 
(e) The amendments made by this section shall take effect on 
October 1,1983. 
10 u s e 5034. 
Effective date. 
10 u s e 136 note. 
COMMANDANT OF THE MARINE CORPS TO BE A MEMBER OF THE ARMED 
FORCES POUCY COUNCIL 
SEC. 1213. Section 171(a) of title 10, United States Code, is 
amended— 
(1) by striking out "and" at the end of clause (9); 
(2) by striking out the period at the end of clause (10) and 
inserting in lieu thereof a semicolon and "and"; and 
(3) by adding after clause (10) the following new clause: 
"(11) the Commandant of the Marine Corps.". 
5 PERCENT ACROSS-THE-BOARD REDUCTION IN HEADQUARTERS STAFFS 
SEC. 1214. (a) Not later than September 30, 1984, the Secretary of 
Defense shall reduce the total number of military and civilian 
personnel assigned to duty in the Office of the Secretary of Defense, 
the agencies of the Department of Defense, and the military depart-
ments to perform management headquarters activities or manage-
ment headquarters support activities by a number that is at least 5 
percent below the total number of personnel requested by the 
President for fiscal year 1984 to perform such activities. 
(b) 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). 
(c) For purposes of this section, the terms "management headquar-
ters activities" and "management headquarters support activities" 
have the same meanings as prescribed for such terms in Department 
of Defense Directive 4100.73 entitled "Department of Defense Man-
agement Headquarters and Headquarters Support", dated March 
12,1981. 
Definitions. 
97 STAT. 688 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 u s e 2452 
note. 
Publication in 
Federal 
Register. 
Submittal to 
congressional 
committees. 
REGULATIONS RELATING TO INCREASES IN PRICES FOR SPARE PARTS AND 
REPLACEMENT EQUIPMENT 
SEC. 1215. (a) Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall issue regula-
tions which— 
(1) except as provided in clause (2), prohibit the purchase of 
any spare part or replacement equipment when the price of 
such part or equipment, since a time in the past specified by the 
Secretary (in terms of days or months) or since the most recent 
purchase of such part or equipment by the Department of 
Defense, has increased in price by a percentage in excess of a 
percentage threshold specified by the Secretary in such regula-
tions, and 
(2) permit the purchase of such spare part or equipment 
(notwithstanding the prohibition contained in clause (D) if the 
contracting officer for such part or equipment certifies in writ-
ing to the head of the procuring activity before the purchase is 
made that— 
(A) such officer has evaluated the price of such part or 
equipment and concluded that the increase in the price of 
such part or equipment is fair and reasonable, or 
(B) the national security interests of the United States 
require that such part or equipment be purchased despite 
the increase in price of such part or equipment. 
(b) The Secretary shall publish the regulations issued under this 
section in the Federal Register. 
(c) Not less than 30 days before the Secretary publishes such 
regulatons in accordance with subsection (b), the Secretary shall 
submit the text of the proposed regulations to the Committees on 
Armed Services of the Senate and House of Representatives. 
Submittal to 
congressional 
committees. 
10 u s e 2452 
note. 
REPORT ON MANAGEMENT OF SPARE PARTS 
SEC. 1216. (a) The Secretary of Defense shall submit to the Com-
mittees on Armed Services and on Appropriations of the Senate and 
House of Representatives, by June 1, 1984, a comprehensive report 
on the management by the Department of Defense of acquisition of 
initial and replenishment spare parts and on the status of efforts 
within the Department of Defense (including particularly the De-
fense Logistics Agency and the military departments) to correct 
problems associated with increased costs of such parts. The Secre-
tary shall include in such report the following: 
(1) An analysis of the extent of overcharging on spare parts 
and shortages of spare parts. 
(2) The status of efforts (if any) to ensure that procurement 
method codes (PMCs) used to denote the method of procurement 
for spare parts are accurately and appropriately applied. 
(3) With respect to technical data required by a contract to be 
delivered to the Department of Defense, the status of efforts (if 
any) to identify and obtain such data that are missing and 
to identify and correct such data that are inaccurate or 
incomplete. 
(4) The status of efforts to enhance the Department of Defense 
High-Dollar Spare Parts Breakout Program. 
(5) The organizational identity of personnel assigned to the 
efforts referred to in paragraphs (1) through (4). 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 689 
(6) A brief summary of any audit, investigation, or study 
relating to the acquisition or management of spare or replenish-
ment parts conducted by or for any organization within the 
Department of Defense during the period beginning on the date 
of the interim report required in subsection (b) and ending on 
the date of the submission of the report under this subsection, to 
be accompanied by a copy of all current regulations or proposed 
defense regulations relating specifically to the acquisition or 
management of spare or replenishment parts. 
(7) An analysis of the feasibility and desirability of establish-
ing a statutory or contractual time limit on the protection from 
disclosure outeide the Department of Defense given technical 
data delivered by contractors to the Department of Defense 
with limited rights (as defined in the Defense Acquisition 
Regulations). 
(8) An analysis of the feasibility and desirability of withhold-
ing Department of Defense contracts from contractors who have 
obtained unreasonable profits on defense contracts or have sold 
items to the Department of Defense at unjustifiable prices, imtil 
any such excess amounts have been repaid. 
(b) Not later than December 1,1983, the Secretary shall submit to 
the committees named in subsection (a) an interim report stating 
briefly the actions being taken by the Department of Defense to 
improve the acquisition and management of spare parts by the 
Department. Such interim report shall include the identity of any 
working groups and a description of any studies being done. 
(c) The Secretary of Defense shall put into effect at the earliest 
practicable date policies and procedures to achieve a long-term 
solution to problems relating to excessive costs of, and long lead 
times in the acquisition of, initial and replenishment spare parts. In 
formulating such policies and procedures, the Secretary shall con-
sider the following recommendations: 
(1) Parts should be acquired competitively whenever feasible 
and practicable. 
(2) Parts should be acquired through Federal Supply Sched-
ules and the Department of Defense supply system. 
(3) Parts should be acquired in economic order quantities and 
on a multiyear basis whenever feasible and practicable. 
(4) On all major system acquisitions, contractors should be 
required to identify in their contract proposals the cost to the 
Government of acquiring unlimited rights in technical data and 
the extent to which the contractor uses standard commercial 
products in order to allow the Government to assess the desir-
ability of acquiring those unlimited rights and to enable the 
Grovemment to assess properly the total lifecycle cost of the 
system. 
(5) Contractors should be required to identify the manufac-
turer of a part and the manufacturer's part number. 
(6) Consideration should be given early in the acquisition 
process to determinations of whether acquisition of unlimited 
rights in technical data is desirable, taking into consideration 
that the cost of acquiring reprocurement data may in some 
instances outweigh the benefits to be derived from such 
acquisition. 
(7) When unlimited data rights in technical data are acquired 
from a contactor, the contractor should be required to provide to 
Interim report 
submittal to 
congressional 
committees. 
97 STAT. 690 
PUBLIC LAW 98-94—SEPT. 24, 1983 
10 u s e 140c. 
Regulations. 
Publication in 
Federal 
Register. 
"Technical data 
with military or 
space appli-
cation.' 
the Grovernment data necessary to incorporate changes in 
design or technology. 
(8) Before ordering any spare part, the contracting officer 
should review the acquisition history of that part. 
AUTHORITY TO WITHHOLD FROM PUBUC DISCLOSURE CERTAIN 
TECHNICAL DATA 
SEC. 1217. (a) Chapter 4 of title 10, United States Code, is amended 
by adding at the end thereof the following new section: 
"§ 140c. Secretary of Defense: authority to withhold from public 
disclosure certain technical data 
"(a) Notwithstanding any other provision of law, the Secretary of 
Defense may withhold from public disclosure any technical data 
with military or space application in the possession of, or under the 
control of, the Department of Defense, if such data may not be 
exported lawfully outside the United States without an approval, 
authorization, or license under the Export Administration Act of 
1979 (50 U.S.C. App. 2401-2420) or the Arms Export Control Act (22 
U.S.C. 2751 et seq.). However, technical data may not be withheld 
under this section if regulations promulgated under either such Act 
authorize the export of such data pursuant to a general, unre-
stricted license or exemption in such regulations. 
"(b)(1) Within 90 days after enactment of this section, the Secre-
tary of Defense shall propose regulations to implement this section. 
Such regulations shall be published in the Federal Register for a 
period of no less than 30 days for public comment before promulga-
tion. Such regulations shall address, where appropriate, releases of 
technical data to allies of the United States and to qualified United 
States contractors, including United States contractors that are 
small business concerns, for use in performing United States Gov-
ernment contracts. 
"(2) In this section, 'technical data with military or space applica-
tion' means any blueprints, drawings, plans, instructions, computer 
software and documentation, or other technical information that 
can be used, or be adapted for use, to design, engineer, produce, 
manufacture, operate, repair, overhaul, or reproduce any military 
or space equipment or technology concerning such equipment.'. 
(b) The table of sections at the beginning of chapter 4 of such title 
is amended by adding at the end thereof the following new item: 
"140c. Secretary of Defense: authority to withhold from public disclosure certain 
technical data.". 
USE 
OF 
POLYGRAPHS 
BY 
THE 
DEPARTMENT 
OF 
DEFENSE 
SEC 1218. (a) The Secretary of Defense may not, before April 15, 
1984, use, enforce, issue, implement, or otherwise rely on any rule, 
regulation, directive, policy, decision, or order that would permit the 
use of polygraph examinations in the case of civilian employees of 
the Department of Defense or members of the Armed Forces in any 
manner or to any extent greater than w£is permitted under rules, 
regulations, directives, policies, decisions, or orders of the Depart-
ment of Defense in effect on August 5,1982. 
(b) The restrictions prescribed in subsection (a) with respect to the 
use of polygraph examinations in the Department of Defense shall 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 691 
not apply to the National Security Agency of the Department of 
Defense. 
AUTHORITY TO PROVIDE ROUTINE PORT SERVICES TO NAVAL VESSELS OF 
ALUED COUNTRIES AT NO COST 
SEC. 1219. (a) Section 7227(b) of title 10, United States Code, is 
(1) by inserting "(1)" after "(b)"; ^d 
(2) by adding at the end thereof the following new paragraph: 
"(2XA) When furnishing routine port services under this section to 
naval vessels of an allied country, the Secretary may furnish such 
services without reimbursement if such services are provided under 
an agreement that provides for the reciprocal furnishing by such 
country of routine port services to naval vessels of the United States 
without reimbursement. If routine port services are furnished under 
this section by a working-capital fund activity of the Navy estab-
lished under section 2208 of this title and such activity is not 
reimbursed directly for the costs incurred by the activity in furnish-
ing those services by reason of this paragraph, the working-capital 
fund activity shall be reimbursed for such costs out of operating 
funds currently available to the Navy. 
"(B) In this paragraph, 'allied country' means any of the following: 
"(i) A country that is a member of the North Atlantic Treaty 
Organization. 
"(ii) Australia or New Zealand. 
"(iii) Any other country designated as an allied country for 
the purposes of this paragraph by the Secretary of Defense with 
the concurrence of the Secretary of State.". 
(b) The amendments made by subsection (a) shall take effect on 
October 1,1983. 
RECIPROCAL COMMUNICATIONS SUPPORT 
SEC. 1220. (a) During fiscal year 1984, the Secretary of Defense, 
subject to the concurrence of the Secretary of State, may enter into 
an agreement with the Government of any allied country under 
which the United States agrees to provide communications support 
and related supplies and services to such country in return for the 
reciprocal provision to the United States of an equivalent value of 
communications support and related supplies and services by such 
country. 
(b) In this section, "allied country" means any of the following: 
(1) A country that is a member of the North Atlantic Treaty 
Organization. 
(2) Australia or New Zealand. 
10 u s e 2208. 
"Allied 
country." 
Effective date. 
10 u s e 7227 
note. 
"Allied 
country.' 
TWO-YEAR EXTENSION OF PROHIBITION ON CONTRACTS FOR THE 
PERFORMANCE OF FIREFIGHTING AND SECURITY FUNCTIONS 
SEC. 1221. (a) Except as provided in subsection (b), funds appropri-
ated to the Department of Defense may not be obligated or expended 
before October 1,1985, for the purpose of entering into a contract for 
the performance of firefighting or security-guard functions at any 
military installation or facility. 
(b) The prohibition in subsection (a) does not apply— 
97 STAT. 692 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Report to 
Congress. 
(1) to a contract to be carried out at a location outside the 
United States (including its commonwealths, territories, and 
possessions) at which military personnel would have to be used 
for the performance of the function described in subsection (a) 
at the expense of unit readiness; 
(2) to a contract to be carried out on a Government-owned but 
privately operated installation; or 
(3) to a contract (or the renewal of a contract) for the perform-
ance of a function under contract on the date of the enactment 
of this Act. 
(c) Not later than March 1, 1984, the Secretary of Defense shall 
submit to Congress a written report containing an assessment of the 
special needs of the Department of Defense with respect to firefight-
ing and base security and an assessment of how those needs are met 
by both Federal employees and contract personnel. The report shall 
be prepared in consultation with the Administrator of the United 
States Fire Administration of the Federal Emergency Management 
Agency. 
Submittal to 
Congress. 
REPORT ON COST SAVINGS UNDER CONTRACTING OUT PROCEDURES 
SEC. 1222. (a) Not later than April 15, 1984, the Secretary of 
Defense shall submit a report to Congress describing the experience 
of the Department of Defense since January 1,1981, with conversion 
to contractor operation of commercial or industrial type functions of 
the Department of Defense which previously had been performed by 
Department of Defense civilian or military personnel. 
(b)(1) The report under subsection (a) shall include with respect to 
each function of the Department of Defense converted to contractor 
operation since January 1,1981— 
(A) the estimated cost (as of the date of the award of the 
contract) of performance of the function by the Government; 
(B) the contractor's estimated cost of performance of the 
function in the bid of the contractor; 
(C) the actual cost (as of the end of the contract or the date of 
the report) of contractor operation of such function; and 
(D) the savings (shown in dollars and as a percentage) for the 
operation of such function since conversion to contractor per-
formance. 
(2) The report shall also show— 
(A) the average savings (shown in dollars and as a percentage) 
of all functions converted to contractor performance since Janu-
ary 1, 1981, as projected at the time of contracting and as 
realized at the end of the contract or the date of the report; 
(B) the dollar amount and percentage of such contracts 
awarded to small businesses; and 
(C) the number of Federal employees whose employment by 
the Government was terminated as a result of conversion of 
such functions to contractor performance. 
EXTENSION OF PERIOD FOR TRANSFER OF DEFENSE DEPENDENTS 
EDUCATION SYSTEM TO DEPARTMENT OF EDUCATION 
SEC. 1223. Section 302(a) of the Department of Education Organi-
zation Act (20 U.S.C. 3442(a)) is amended by striking out "not later 
than May 4, 1984" and inserting in lieu thereof "not earlier than 
May 4,1986". 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 693 
FORCE STRUCTURE CHANGES, AIR FORCE 
SEC. 1224. None of the funds appropriated pursuant to an authori-
zation contained in this or any other Act for operation and mainte-
nance for the Air Force may be obligated or expended to carry out 
alterations in the planned changes with respect to F-106 and F-15 
aircraft announced by the Air Force on January 31,1983, in its plan 
for "Tactical and Air Defense Force Structure Changes" to be 
carried out at K. L Sawyer Air Force Base, Michigan, until— 
(1) the Secretary of the Air Force has conducted a study of the 
cost benefit, cost effectiveness, and military effectiveness of 
those proposed alterations to such plan and has submitted a 
written report to Congress, in conjunction with the submission 
of the Department of Defense's budget request for funds for 
fiscal year 1986 or any subsequent fiscal year, containing the 
results of such study, including an analysis o
f
— 
(A) the impacts on the regional economy of the area that 
would be affected by those proposed alterations to such plan 
and of the nonmilitary costs to the United States, including 
increases in Federal outlays for unemployment compensa-
tion, for other benefits and services to individuals and 
communities, and for economic adjustment activities; and 
(B) the environmental, strategic, and operational conse-
quences of those proposed alterations to such plan; and 
(2) a period of 60 days has expired after the date on which 
such report is received by the Congress in order to provide the 
appropriate committees of Congress with ample opportunity to 
consider fully the fiscal, economic, environmental, and military 
ramifications of those proposed alterations to the plan an-
nounced January 31,1983. 
Funding 
restriction. 
Report to 
Congress. 
PART C—PROVISIONS RELATING TO SPECIFIC PROGRAMS 
LIMITATION ON DEPLOYMENT OF MX MISSILE; DEVELOPMENT OF SMALL 
MOBILE MISSILE 
SEC. 1231. (a) The Secretary of Defense may not deploy more than 
10 MX missiles until— 
(1) demonstration of subsystems and testing of components of 
the small mobile intercontinental ballistic missile system (in-
cluding missile guidance and propulsion subsystems) have oc-
curred; and 
(2) nuclear effects tests on the components and subsystems of 
the prototype mobile transporter-launcher basing system and 
fixed basing system for the small missile have been carried out 
using full-scale tests, when practicable, and otherwise using 
scaled tests. 
(b) The Secretary of Defense may not deploy more than 40 MX 
missiles until— 
(1) the major elements (including the guidance and control 
subsystems) of a mobile missile weighing less than 33,000 
pounds as a part of an intercontinental ballistic missile system 
have been flight tested; 
(2) the major elements of the prototype small mobile intercon-
tinental ballistic missile system (including the missile, the pro-
totype mobile transporter-launcher basing system and fixed 
basing system, and the command, control, and communications 
97 STAT. 694 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Report to 
congressional 
committees. 
Report to 
Congress. 
Written 
assessment. 
system) have been designed and functionally integrated and the 
system has been validated; 
(3) contractors for the full-scale engineering development of 
• 
such a missile system have been selected and contracts have 
been awarded to those contractors; and 
(4) full-scale engineering development of such a missile 
system has begun. 
(cXl) Not later than January 15 of each year from 1984 through 
1988, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a 
report— 
(A) on the progress being made with respect to the develop-
ment and deployment of the MX missile system; 
(B) on the progress being made with respect to the develop-
ment and testing of a small mobile intercontinental ballistic 
missile system; and 
(C) on developments related to silo-hardening technoloffi^. 
(2) In each report under paragraph (1), the Secretary shall certify 
whether the Department of Defense is developing a small mobile 
intercontinental ballistic missile system with a missile that weighs 
,no more than 33,000 pounds and that is planned to carry no more 
than a single warhead. 
(d) If at any time during the development of the small mobile 
intercontinental ballistic missile it appears that the weight of the 
missile when deployed will exceed 30,000 pounds, the Secretary of 
Defense shall submit a report to Congress stating the projected 
weight of the missile and providing an explanation of the reasons for 
the weight exceeding 30,000 pounds and the anticipated effects that 
weight could have on the mobility and blast resistance of the missile 
system. 
(e) The President shall submit to the Committees on Armed 
Services of the Senate and the House of Represent|itives, coincident 
with the submission to the Congress of any request made after the 
date of the enactment of this Act for fundis for th* procurement of 
operational MX missiles intended for deployment, a written assess-
ment relating to the requirement for and the anticipated impact of 
the procurement of such missiles. This assessment shall include the 
President's judgment with respect to— 
(A) the degree to which current and projected international 
conditions require the procurement of such rtiissiles for oper-
ational purposes; 
(B) the expected impact the procurement of such missiles will 
have on the stability of the strategic balance between the 
United States and the Soviet Union; and 
(C) the effect the procurement of such missiles, if approved by 
the Congress, will likely have on achieving negotiated reduc-
tions in the nuclear forces of the United States and the Soviet 
Union through sound, equitable, and verifiable arms control 
agreements. 
SMALL, MOBILE, SINGLE WARHEAD ICBKIS 
SEC. 1232. It is the sense of the Congress that the design, develop-
ment, and testing of small, mobile, single warhead intercontinental 
ballistic missiles (ICBMs) be pursued as a matter of the highest 
national priority. To achieve this objective, the administration 
should proceed without delay to engineering design of a small, single 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 695 
warhead ICBM capable of mobile deployment. Key elements of such 
a program which should be pursued immediately include missile 
design, guidance accuracy, hardened mobile transporter design, 
mobile basing and survivable Communication, Command and Con-
trol (C^). Program emphasis should be consistent with past top 
national priorities such as Polaris, Minuteman, and Apollo, and 
program management structure should also reflect such priority. 
The Department of Defense should set forth funding and production 
schedules consistent with the earliest possible Initial Operational 
Capability (IOC), at or prior to 1992, in its submission to Congress to 
authorize appropriations for fiscal year 1985. 
LIMITATION ON PROCUREMENT OF BINARY CHEMICAL WEAPONS 
SEC. 1233. (a) Notwithstanding any other provision of law, no 
funds may be obligated or expended after the date of the enactment 
of this Act for the production of binary chemical weapons unless the 
President certifies to the Congress that for each 155-millimeter 
binary artillery shell or aircraft-delivered binary aerial bomb pro-
duced a serviceable unitary artillery shell from the existing arsenal 
shall be rendered permanently useless for military purposes. 
(b)(1) Funds appropriated pursuant to the authorization of appro-
priations for the Army in section 101 of this Act may be used for the 
establishment of a production base for binary chemical munitions 
and for the procurement of components for lo5-millimeter binary 
chemical artillery projectiles, but such funds may not be used for 
the actual production of binary chemical munitions before Octo-
ber 1, 1985. 
(2) Notwithstanding the provisions of paragraph (1), before the 
production of binary chemical munitions may begin after September 
30, 1985, the President must certify to Congress in writing that, in 
light of circumstances prevailing at the time the certification is 
made, the production of such munitions is essential to the national 
interest. 
(3) For purposes of this subsection, "production of binary chemical 
munitions" means the final assembly of weapon components and the 
filling or loading of components with binary chemicals. 
50 u s e 1519a. 
Ante, p. 618. 
Written 
certifications to 
Congress. 
"Production of 
binary chemical 
munitions." 
PROHIBITION AGAINST USING FUNDS APPROPRIATED FOR THE ADVANCED 
TECHNOLOGY BOMBER PROGRAM FOR ANY OTHER PURPOSE 
SEC. 1234. None of the funds appropriated pursuant to an authori-
zation of appropriations in this Act to carry out the Advanced 
Technology Bomber program may be used for any other purpose. 
ESTABLISHING CRITERIA GOVERNING THE TEST OF ANTISATELLITE 
WARHEADS 
SEC. 1235. 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 any explosive 
or inert antisatellite warheads against objects in space unless the 
President determines and certifies to the Congress— 
(1) that the United States is endeavoring, in good faith, to 
negotiate with the Soviet Union a mutual and verifiable ban on 
antisatellite weapons; and 
Funding 
restriction. 
10 u s e 139 note. 
97 STAT. 696 
PUBLIC LAW 98-94—SEPT. 24, 1983 
(2) that, pending agreement on such a ban, testing of explosive 
or inert antisatellite warheads against objects in space by the 
United States is necessary to avert clear and irrevocable harm 
to the national security. 
Funding 
restriction. 
REQUIREMENT FOR THE USE OF COMPETITIVE BIDDING PROCEDURES FOR 
THE LEASE OF CT-39 REPLACEMENT AIRCRAFT 
SEC. 1236. None of the funds appropriated pursuant to an authori-
zation of appropriations contained in this Act may be used by the 
Air Force for the lease of any CT-39 replacement aircraft unless 
competitive bidding procedures are followed in the awarding of the 
lease for such aircraft and the bidding on the lease is open to all 
qualified domestic firms. Such bidding procedures shall include 
consideration of the total costs to the Government of leasing such 
aircraft, including maintenance, logistics and training costs. 
LIMITATION ON WAIVERS OF COST-RECOVERY REQUIREMENTS UNDER 
ARMS EXPORT CONTROL ACT 
SEC. 1237. 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 limitation imposed by section 770 of the Department of Defense 
Appropriation Act, 1983 (as contained in Public Law 97-377; 96 Stat. 
1862). 
WAIVER OF LIMITATION ON FOREIGN MILITARY SALES PROGRAM 
SEC. 1238. The Arms Export Control Act shall be administered as 
if section 747 of the Department of Defense Appropriation Act, 1983 
(as contained in Public Law 97-377; 96 Stat. 1858) had not been 
enacted into law. 
F / A - 1 8 AIRCRAFT PROGRAM 
SEC. 1239. The Secretary of the Navy may carry out the F/A-18 
aircraft program without regard to the first proviso in the para-
graph under the heading "AIRCRAFT PROCUREMENT, NAVY" in title IV 
(procurement) of the Department of Defense Appropriation Act, 
1983 (as contained in Public Law 97-377; 96 Stat. 1841). 
STUDY TO RE-ESTIMATE THE COST OF THE B-IB BOMBER PROGRAM 
SEC. 1240. (a) The Secretary of Defense shall conduct a detailed 
financial analysis on the projected cost of procuring 100 B-IB 
bomber aircraft and, on the basis of such analysis, shall as necessary 
make any revisions to the estimate of the total projected cost for the 
procurement of such aircraft certified to by the President on Janu-
ary 18,1982. 
Report to 
(b) The Secretary shall submit a written report to the Congress 
Congress. 
J^Q^ more than 60 days after the date of the enactment of the 
Department of Defense Appropriation Act for fiscal year 1984, but 
in no event later than January 31, 1984, setting forth the results of 
the analysis required under subsection (a). The Secretary shall 
include in such report the new estimate of the projected total cost 
for the procurement of 100 B-IB aircraft. 
Review. 
(c) The Secretary shall transmit a copy of the report referred to in 
subsection (b) to the Comptroller General of the United States for 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 697 
his review and shall make available to the Comptroller General 
(consistent with those provisions of title 31, United States Code, 
replacing the Budget and Accounting Act, 1921, and provisions of 
law contained in the amendments made by Public Law 96-226) such 
additional data and information as the Comptroller Ceneral 
requires for the purposes of his review. Such data and information 
Nondisclosure of 
as the Comptroller General receives under this section shall not be information. 
disclosed to anyone other than those persons specially designated by 
the Comptroller Gteneral to have access to that data and informa-
tion. Any report by the Comptroller General concerning data and 
information provided pursuant to this section may, consistent with 
the classification of such report, be provided to the Congress and 
shall be prepared with due regard to the sensitivity of the informa-
tion received in such a manner as to avoid disclosure of data which 
could adversely affect ongoing contract negotiations or the national 
security. 
PART D—MISCELLANEOUS 
ENDORSEMENT OF REPORT ON IMPROVED STRATEGIC COMMUNICATIONS 
SEC. 1251. (a) The Congress finds that the report to the Congress 
by the Secretary of Defense entitled "Direct Communications Links 
and Other Measures to Enhance Stability", dated April 11,1983, and 
submitted to the Congress pursuant to section 1123 of the Depart-
ment of Defense Authorization Act, 1983 (Public Law 97-252; 96 
Stat. 756), contains several significant proposals that if implemented 
would, taken tc^ether, make significant progress toward eliminating 
the danger of accident or misinterpretation leading to nuclear war. 
Among the proposals in that report that Congress specifically finds 
constructive are proposals— 
(1) to enhance the speed and quality of communications be-
tween the Governments of the United States and the Soviet 
Union; 
(2) to establish a communications link between the senior 
military commands of the United States and the Soviet Union; 
and 
(3) to develop a system of prior notification between the 
United States and the Soviet Union of missile launches and 
military exercises by either nation that could be misinterpreted 
by the other and therefore be destabilizing. 
(b) The Congress— 
(1) endorses the findings in the report described in subsection 
(a) and urges the President and the Secretary of Defense to 
implement as rapidly as possible the proposals made in that 
report; 
(2) suggests that, when practicable and not harmful to the 
national security of the United States, the United States should 
unilaterally implement confidence-building measures (such as 
prior notification of missile launches and military exercises) on 
a temporary, voluntary basis and should invite the Soviet Union 
to join in implementing those measures; and 
(3) endorses proposals that the United States, through its 
arms control negotiators, should seek a separate, limited agree-
ment with the Soviet Union on confidence-building measures, 
such as those recommended in the report described in subsec-
tion (a), designed to reduce the danger of accident or misinter-
pretation leading to nuclear war. 
97 STAT. 698 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Demonstration 
projects. 
42 u s e 248d. 
10 u s e 1079. 
Report to 
congressional 
committees. 
Termination of 
facility status. 
Effective date. 
10 u s e 1071 et 
seq. 
PUBLIC HEALTH SERVICE HOSPITALS 
SEC. 1252. (a) The Secretary of Defense, in consultation with the 
Secretary of Health and Human Services, shall conduct demonstra-
tion projects for the purpose of comparing and evaluating the cost-
effectiveness, accessibility, patient acceptance, and the quality of 
medical care contracted for by the Secretary of Defense under 
sections 1079 and 1086 of title 10, United States Code, with the 
medical care provided in those facilities deemed to be facilities of the 
uniformed services by virtue of section 911 of the Military Construc-
tion Authorization Act, 1982 (42 U.S.C. 248c). The Secretary of 
Defense shall begin conducting such projects within one year after 
the date of the enactment of this section and continue conducting 
such projects for not less than three years. 
(b) The projects carried out by the Secretary of Defense under this 
subsection shall utilize various alternative mechanisms for the pay-
ment of medical services provided eligible persons, including capita-
tion, prospective payment, all-inclusive fee-for-service charges, and 
other concepts and programs consistent with the purpose of this 
section. 
(c) If the Secretary of Defense and the Secretary of Health and 
Human Services determine such action is necessary in order to 
permit a meaningful evaluation of alternative methods of providing 
medical care to persons eligible for such care under sections 1079 
and 1086 of title 10, United States Code, they may jointly designate 
additional civilian medical facilities to be facilities of the uniformed 
services for the purposes of section 1079 of such title. The Secretary 
may designate a facility under the authority of this subsection for 
such purposes only if such action is agreed to by the governing body 
of the facility. 
(d) The Secretary of Defense, in consultation with the Secretary of 
Health and Human Services, shall submit annually to the Commit-
tees on Appropriations and on Armed Services of the Senate and the 
House of Representatives a written report on the results of the 
studies and projects carried out under this section. The first such 
report shall be submitted not later than one year after the date of 
the enactment of this section. The last such report shall be submit-
ted not later than one year after the completion of all such studies 
and projects. 
(e) The Secretary of Defense and the Secretary of Health and 
Human Services may terminate, for purposes of chapter 55 of title 
10, United States Code, the status of any facility referred to in 
subsection (a) or (c) to furnish medical or dental care to members 
and former members of the uniformed services or their dependents, 
and such termination may become effective at any time after De-
cember 31, 1987. The termination of such status in the case of any 
such facility may be effected only by an order jointly issued by the 
Secretary of Defense and the Secretary of Health and Human 
Services which identifies the facility whose status is being termi-
nated and specifies the date on which such status is being termina-
ted. A copy of each such order shall be furnished to the affected 
facility and the Committees on Appropriations and on Armed Serv-
ices of the Senate and the House of Representatives and shall 
become effective in accordance with the terms of the notice, but not 
earlier than six months following the date on which a copy of the 
notice has been furnished to the facility and the committees. Any 
facility described in subsection (a) or designated under subsection (c) 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 699 
may terminate its status or designation made under that subsection 
at £uiy time after the expiration of six months following the date on 
which a copy of the order terminating the status or designation has 
been furnished the facility. 
(f) Section 911(b) of the Military Construction Authorization Act, 
1982 (42 U.S.C. 248c(b)), is amended by striking out "at any time 
after" and all that follows through the end of the second sentence 
and inserting in lieu thereof: "as provided for in section 1252(e) of 
the Department of Defense Authorization Act, 1984.". 
EMPLOYMENT PROTECTION FOR CERTAIN NONAPPROPRIATED FUND 
INSTRUMENTALITY EMPLOYEES 
SEC. 1253. (aXD Chapter 81 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
*
*
§ 1587. Employees of nonappropriated fund instrumentalities 
"(a) In this section: 
"(1) 'Nonappropriated fund instrumentality employee' means 
a civilian employee who is paid from nonappropriated funds of 
Army and Air Force Exchange Service, Navy Resale and Serv-
ices Support Office, Marine Corps exchanges, or any other 
instrumentality of the United States under the jurisdiction of 
the armed forces which is conducted for the comfort, pleasure, 
contentment, or physical or mental improvement of members of 
the armed forces. 
"(2) 'Civilian employee* has the meaning given the term 
'employee' by section 2105(a) of title 5. 
"(3) 'Personnel action', with respect to a nonappropriated 
fund instrumentality employee (or an applicant for a position as 
such an employee), means— 
"(A) an appointment; 
"(B) a promotion; 
"(C) a disciplinary or corrective action; 
"(D) a detail, transfer, or reassignment; 
"(E) a reinstatement, restoration, or reemployment; 
"(F) a decision concerning pay, benefits, or awards, or 
concerning education or training if the education or train-
ing may reasonably be expected to lead to an appointment, 
promotion, or other action described in this paragraph; and 
"(G) any other significemt change in duties or responsibil-
ities that is inconsistent with the employee's salary or 
grade level. 
"(b) Any civilian employee or member of the armed forces who has 
authority to take, direct others to take, recommend, or approve any 
personnel action shall not, with respect to such authority, take or 
fail to take a personnel action with respect to any nonappropriated 
fund instrumentality employee (or any applicant for a position as 
such an employee) as a reprisal for— 
"(1) a disclosure of information by such an employee or 
applicant which the employee or applicsmt reasonably believes 
evidences— 
"(A) a violation of any law, rule, or regulation; or 
"(B) mismanagement, a gross waste of funds, an abuse of 
authority, or a substantial and specific danger to public 
health or safety; 
10 u s e 1587. 
Definitions. 
5 u s e 2105. 
Disclosure of 
information. 
97 STAT. 700 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Prevention of 
prohibited 
actions. 
Regulations. 
10 u s e 1587 
note. 
if such disclosure is not specifically prohibited by law and if the 
information is not specifically required by or pursuant to execu-
tive order to be kept secret in the interest of national defense or 
the conduct of foreign affairs; or 
"(2) a disclosure by such an employee or applicant to any 
civilian employee or member of the armed forces designated by 
law or by the Secretary of Defense to receive disclosures de-
scribed in clause (1), of information which the employee or 
applicant reasonably believes evidences— 
"(A) a violation of any law, rule, or regulation; or 
''(B) mismanagement, a gross waste of funds, an abuse of 
authority, or a substantial and specific danger to public 
health or safety. 
"(c) This section does not apply to an employee in a position 
excluded from the coverage of this section by the President based 
upon a determination by the President that the exclusion is neces-
sary and warranted by conditions of good administration. 
"(d) The Secretary of Defense shall be responsible for the preven-
tion of actions prohibited by subsection (b) and for the correction of 
any such actions that are taken. The authority of the Secretary to 
correct such actions may not be delegated to the Secretary of a 
military department or to the Assistant Secretary of Defense for 
Manpower and Logistics. 
"(e) The Secretary of Defense, after consultation with the Director 
of the Office of Personnel Management and the Special Counsel of 
the Merit Systems Protection Board, shall prescribe regulations to 
carry out this section. Such r^ulations shall include provisions to 
protect the confidentiality of employees and applicants making 
disclosures described in clauses (1) and (2) of subsection (b).". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1587. Employees of nonappropriated fund instrumentalities.". 
(b) Section 1587 of such title, as added by subsection (a), shall 
apply with respect to any conduct prohibited by subsection (b) of 
such section which occurs after the date of the enactment of this 
Act. 
48 FR 31175. 
EXTENSION OF THE GRACE PERIOD FOR THE ENFORCEMENT OF THE PRO-
VISIONS RELATING TO THE FAILURE TO REGISTER AND THE DENIAL OF 
FEDERAL EDUCATIONAL ASSISTANCE 
SEC. 1254. The provision of the notice regarding the implementa-
tion of regulations entitled "Student Assistance General Provisions; 
Registration With Selective Service" (48 Federal Register No. 130, 
July 6,1983), relating to the schedule under which an institution of 
higher education may certify first and then inform the student of 
the requirement that the student file a Statement of Registration 
Compliance for the period prior to July 31, 1983, is extended from 
July 31, 1983, through September 30,1983. 
IMPACT AID AUTHORIZATION 
SEC. 1255. (aXD Section 505(aXl) of the Omnibus Budget Reconcili-
20 use 237 note, ation Act of 1981 is amended by striking out "section 2" the second 
place it appears and inserting in lieu thereof "section 7". 
(2) Section 505(aXl) of such Act is further amended— 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 701 
(A) by striking out "1983, and 1984" and inserting in lieu 
thereof "and 1983, and $565,000,000 for each of the fiscal years 
1984 and 1985"; and 
(B) by inserting after "$10,000,000" in clause (A) the following: 
"for each of the fiscal years 1982 and 1983 and $20,000,000 for 
each of the fiscal years 1984 and 1985". 
(3XA) Section 505(a)(3) of such Act is amended by striking out "or 20 use 237 note. 
1984" and inserting in lieu thereof "1984, or 1985". 
(B) Section 505(b) of such Act is amended by striking out "or 1984" 20 use 238 note, 
and inserting in lieu thereof "1984, or 1985". 
(b) Section 3(dX2)(E) of the Act of September 30, 1950 (Public Law 
874, 81st Congress) is amended— 
20 use 238. 
(1) by inserting "or 1984" after "fiscal year 1983" in clause (ii); 
and 
(2) by striking out "1984" in clause (iii) and inserting in lieu 
thereof "1985". 
RETIREMENT DEDUCTIONS FROM THE PAY OF JUDGES OF THE UNITED 
STATES COURT OF MILITARY APPEALS 
SEC. 1256. (a) Section 8334 of title 5, United States Code, is 
amended— 
(1) in the first sentence of subsection (a)(1) by inserting "and a 
judge of the United States Court of Military Appeals" before the 
period; and 
(2) by adding at the end of the table contained in subsection (c) 
the following: 
"Judge of the United States 6 
May 5, 1950, to October 31, 1956. 
Court of Military Appeals 
for service as a judge of 
that court. 
e'A 
November 1, 1956, to December 31, 1969. 
7 
January 1, 1970, to (but not including) the 
date of the enactment of the Department 
of Defense Authorization Act, 1984. 
8 
On and after the date of the enactment of 
the Department of Defense Authorization 
Act, 1984.". 
(b) Section 8336 of such title is amended— 
(1) by redesignating subsection (k) as subsection (1); and 
(2) by inserting after subsection (j) the following new subsec-
tion (k): 
"(k) A judge of the United States Court of Military Appeals who is 
separated from the service after becoming 62 years of age and 
completing 5 years of civilian service or after completing the term of 
service for which he was appointed as a judge of such court is 
entitled to an annuity. A judge who is separated from the service 
before becoming 60 years of age is entitled to a reduced annuity.". 
(c) Section 8337(a) of such title is amended by inserting the 
following after the third sentence: "A judge of the United States 
Court of Military Appeals who completes 5 years of civilian service 
and who is found by the Office to be disabled for useful and efficient 
service as a judge of such court or who is removed for mental or 
physical disability under section 867(a)(2) of title 10 shall be retired 
on the judge's own application or upon such removal.". 
5 u s e 8336. 
Annuities. 
5 u s e 8337. 
10 u s e 867. 
97 STAT. 702 
PUBLIC LAW 98-94—SEPT. 24, 1983 
5 u s e 8338. 
Annuities. 
5 u s e 8339. 
Annuity 
computation. 
Ante, p. 701. 
Supra. 
Effective date. 
5 u s e 8334 note. 
(d) Section 8338 of such title is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new subsec-
tion (c): 
"(c) A judge of the United States Court of Military Appeals who is 
separated from the service after completing 5 years of civilian 
service is entitled to an annuity banning at the age of 62 years. A 
judge of such court who is separated from the service after complet-
ing the term of service for which he was appointed is entitled to an 
annuity. If an annuity is elected before the judge becomes 60 years 
of age, it shall be a reduced annuity.". 
(e) Section 8339 of such title is amended— 
(1) in subsection (d), by adding at the end thereof the following 
new paragraph: 
"(6) The annuity of an employee who is a judge of the United 
States Court of Military Appeals, or a former judge of such court, 
retiring under this subchapter is computed under subsection (a) of 
this section, except, with respect to his service as a judge of such 
court, his service as a Member, his congressioned employee service, 
and his military service (not exceeding 5 years) creditable under 
section 8332 of this title, his annuity is computed by multiplying 2^2 
percent of his average pay by the years of that service."; and 
(2) by adding at the end of subsection (h) the following new 
sentence: "The annuity computed under subsections (a), (dX6), 
and (f) of this section for a judge of the United States Court of 
Military Appeals retiring under the second sentence of section 
8336(k) of this title or the third sentence of section 8338(c) of this 
title is reduced by Via of 1 percent for each full month not in 
excess of 60 months, and V
e of 1 percent for each full month in 
excess of 60 months, the judge is under 60 years of age at the 
date of separation.". 
(f) The increase in deductions from the pay of a judge of the 
United States Court of Military Appeals required by section 8334(a) 
of title 5, United States Code, as amended by subsection (a), shall 
take effect with respect to the first pay period that begins after the 
date of the enactment of this Act. 
ONE-YEAR POSTPONEMENT FOR CERTAIN DEPOSITS FOR CIVIL SERVICE 
RETIREMENT CREDIT FOR MIUTARY SERVICE 
SEC. 1257. Section 8334(jX2KA) of title 5, United States Code, is 
amended by striking out "October 1, 1982" and inserting in lieu 
thereof "October 1,1983". 
5 u s e 5332. 
Effective date. 
5 u s e 8141 note. 
COMPENSATION FOR INJURIES INCURRED IN THE PERFORMANCE OF 
DUTY BY MEMBERS OF THE CIVIL AIR PATROL 
SEC. 1258. (a) Section 8141 of title 5, United States Code, is 
amended— 
(1) in subsection (a), by inserting "under 18 years of age" after 
"Civil Air Patrol Cadet'^ and 
(2) in subsection (bXD, by striking out "$300" and inserting in 
lieu thereof "the rate of basic pay payable for step 1 of grade 
GS-9 in the General Schedule under section 5332 of this title". 
(bXl) The amendments made by subsection (a) shall take effect on 
the date of the enactment of this Act. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 70^ 
(2) The amendment made by subsection (aXD shall apply only to 
deaths or injuries occurring on or after the date of the enactment of 
this Act. 
(3) The amendment made by subsection (aX2) shall apply only to 
the computation of compensation payable for periods commencing 
on or after the date of the enactment of this Act. 
REPEAL OF REQUIREMENT FOR RETIREE SUGGESTION PROGRAM 
SEC. 1259. (a) Section 2390 of title 10, United States Code, is 
repealed. 
(b) The table of sections at the banning of chapter 141 of such 
title is amended by striking out the item relating to section 2390. 
Repeal. 
OFFSHORE DRILUNG AFFECTING NAVAL OPERATIONS 
SEC. 1260. (a) The Secretary of the Navy shall submit a report to 
the Committees on Armed Services of the Senate and House of 
Representatives on the potential effect on naval operations of any 
proposed lease by the Department of the Interior of offshore lands 
for oil or gas drilling. 
O
t
)
) The Secretary of the Navy shall define offshore zones along the 
United States in which oil or gas drilling would cause appreciable 
impact on naval operations. The Secretary shall transmit to Con-
gress and to the Secretary of the Interior a report describing the 
zones so established and the justification for each such zone. 
RESTORATION OF BEDFORD AIR FORCE STATION, VIRGINIA 
SEC 1261. The Secretary of the Air Force may remove from the 
site of the former Bedford Air Force Station, Virginia, the improve-
ments made to that site by the Air Force and may restore the 
premises as provided in the license from the United States Forest 
Service of the Department of Agriculture authorizing the use of that 
site by the Air Force. 
PROHIBITION ON PURCHASE OF CERTAIN TYPEWRITERS 
SEC. 1262. None of the funds available to the Department of 
Defense shall be available for the procurement of manual typewrit-
ers which were manufactured by facilities located within states 
which are signatories to the Warsaw Pact. 
Report 
transmittals. 
AWARD OF CAMPAIGN AND SERVICE MEDALS TO CERTAIN PERSONS 
SEC. 1263. (a) Section 401 of the GI Bill Improvements Act of 1977 
(Public Law 95-202; 91 Stat. 1449; 38 U.S.C. 106 note) is amended by 
adding at the end thereof the following new subsection: 
"(c) Under regulations prescribed by the Secretary of Defense, any Regulations. 
person who is issued a discharge under honorable conditions pursu-
ant to the implementation of subsection (a) of this section may be 
awarded any campaign or service medal warranted by such person's 
service.". 
(b) The amendment made by subsection (a) shall apply to all 38 USC106 note. 
persons issued discharges under honorable conditions pursuant to 
section 401 of the GI Bill Improvements Act of 1977, whether such 38 use 1
0
6 note. 
discharges are awarded before, on, or after the date of the enact-
ment of this Act. 
97 STAT. 704 
PUBLIC LAW 98-94—SEPT. 24, 1983 
Appropriation 
authorization. 
Miniature 
duplicate bronze 
medals. 
COMMEMORATIVE MEDAL FOR FAMILIES OF AMERICAN PERSONNEL 
MISSING IN SOUTHEAST ASIA 
SEC. 1264. (a) The Congress finds and declares that— 
(1) 2,494 Americans, military and civilian, are listed as miss-
ing or otherwise unaccounted for in Southeast Asia; 
(2) those missing or otherwise unaccounted for Americans 
have suffered untold hardship at the hands of a cruel enemy 
while in the service of their country; 
(3) the loyalty, hope, love, and courage of these families 
provide inspiration to all Americans; 
(4) the Congress and the people of the United States are 
committed to a full accounting for all Americans missing or 
otherwise unaccounted for in Southeast Asia; and 
(5) the service of those missing and otherwise unaccounted for 
Americans is deserving of special recognition by the Congress 
and all Americans. 
(b)(1)(A) The Speaker of the House of Representatives and the 
President pro tempore of the Senate are authorized jointly to 
present, on behalf of the Congress, to those American personnel 
listed as missing or otherwise unaccounted for in Southeast Asia, to 
be accepted by next of kin, bronze medals designed by an artist who 
is an in-theater Vietnam veteran, in recognition of the distinguished 
service, heroism, and sacrifice of these personnel, and the commit-
ment of the American people to their return. For such purpose, the 
Secretary of the Treasury shall cause to be struck bronze medals. 
(B) There is authorized to be appropriated not to exceed $20,000 to 
carry out the provisions of subparagraph (A). 
(2) The Secretary of the Treasury may cause miniature duplicates 
in bronze of the medal provided for in paragraph (1) to be coined and 
sold, under such regulations as he may prescribe, at a price suffi-
cient to cover the cost thereof (including labor, materials, dies, use of 
machinery, and overhead expenses), and the appropriation used for 
carrying out the provisions of this subsection shall be reimbursed 
out of the proceeds of such sale. 
(3) The medals provided for in this subsection are national medals 
for the purpose of section 5111 of title 31, United States Code. 
F. Edward 
Hebert School of 
Medicine. 
10 u s e 2112 
note. 
NAME OF SCHOOL OF MEDICINE AT THE UNIFORMED SERVICES 
UNIVERSITY OF THE HEALTH SCIENCES 
SEC. 1265. The School of Medicine of the Uniformed Services 
University of the Health Sciences shall after the date of the enact-
ment of this Act be known and designated as the "F. Edward Hebert 
School of Medicine". Any reference to such school of medicine in 
any law, regulation, map, document, or other record of the United 
States shall after such date be deemed to be a reference to such 
school of medicine as the F. Edward Hebert School of Medicine. 
ACCEPTANCE OF VOLUNTARY SERVICES FOR MILITARY MUSEUMS AND 
FAMILY SUPPORT PROGRAMS 
SEC. 1266. (a) Chapter 81 of title 10, United States Code, is 
amended by adding after section 1587 (as added by section 1253) the 
following new section: 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 705 
"§ 1588. Authority to accept certain voluntary services 
lo use 1588. 
"(a) Notwithstanding section 1342 of title 31, tlie Secretary of a 
military department may accept from any person voluntary services 
to be provided for a museum or a family support program operated 
by that military department. 
"(b) A person providing voluntary services under subsection (a) 
shall be considered to be an employee for the purposes of chapter 81 
of title 5, relating to compensation for work-related injuries, and to 5 use sioi et 
be an employee of the Government for the purposes of chapter 171 of Ifusc 2671 et 
title 28, relating to tort claims. Such a person who is not otherwise seq. 
employed by the Federal Government shall not be considered to be a 
Federal employee for any other purpose by reason of the provision of 
such services. . 
(b) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 1587 (as added 
by section 1253) the following new item: 
"1588. Authority to accept certain voluntary services.". 
REPORT ON PROPOSED LEGISLATION FOR CODIFICATION OF CERTAIN 
PROVISIONS OF LAW 
committees. 
SEC. 1267. The Secretary of Defense shall submit to the Commit- Submittal to 
tees on Armed Services of the Senate and the House of Representa- ^"Il^I^^i^"^' 
tives not later than February 1, 1984, proposed legislation for "" 
codification into appropriate titles of the United States Code, or for 
incorporation into other existing laws, those provisions of law that 
have been enacted during the past five years as a part of the annual 
Department of Defense Authorization Act or the annual Depart-
ment of Defense Appropriation Act under the heading "General 
Provisions" and that in the opinion of the Secretary should be so 
codified or incorporated. 
TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE 
SEC. 1268. Title 10, United States Code, is amended as follows: 
(1) Section 139hKgX2) is amended by striking out "procurment" 
and inserting in lieu thereof "procurement". 
(2) Section 140 is amended by striking out "of this section" in 
subsections (a) and (c). 
(3) Section 520(a) is amended— 
(A) by striking out "For the fiscal year beginning on 
October 1, 1980" and all that follows through "1982, the" 
and inserting in lieu thereof "The"; 
(B) by striking out "such fiscal year" the first place it 
appears in the last sentence and inserting in lieu thereof 
"any fiscal year"; and 
(C) by striking out "number of such" and all that follows 
through "into" in the last sentence and inserting in lieu 
thereof "total number of persons originally enlisted or 
inducted to serve on active duty (other than active duty for 
training) in". 
(4) Section 1079 is amended— 
(A) by striking out "thirty" in subsections (a) and (d) and 
inserting in lieu thereof "30"; and 
(B) by striking out "of this section" in subsection (g). 
11-194 O - 85 — 24 : Q
L 3 
97 STAT. 706 
10 use 1081. 
Repeal. 
10 use 2116. 
PUBLIC LAW 98-94—SEPT. 24, 1983 
(5XA) The heading of section 1081 is amended by striking out 
the semicolon and the last word. 
(B) The item relating to that section in the table of sections at 
the b^inning of chapter 55 is amended by striking out the 
semicolon and the last word. 
(6) Section 1085 is amended by inserting a comma after "or 
his dependent" the first place it appears. 
(7) Section 1090 is amended by striking out "(a)". 
(8) Section 1126(aXl) is amended by striking out "Who" and 
inserting in lieu thereof "who". 
(9) Section 1489(aX2) is amended by striking out "the date of 
the enactment of this section" and inserting in lieu thereof 
"October 14,1980". 
(10) Section 2005 is amended— 
(A) by striking out "of this section" each place it appears 
in subsections (c) and (d); and 
(B) by striking out "section—" in subsection (e) and 
inserting in lieu thereof "section:". 
(11) Section 2101 is amended— 
(A) by striking out "chapter—" and inserting in lieu 
thereof "chapter: ; 
(B) by striking out "'program'" and inserting in lieu 
thereof "'Program'"; 
(C) by striking out the semicolon at the end of paragraph 
(1) and inserting in lieu thereof a period; 
(D) by striking out " 'member'" and inserting in lieu 
thereof "'Member'"; 
(E) by striking out "; and" and inserting in lieu thereof a 
period; and 
(F) by striking out " 'advanced'" and inserting in lieu 
thereof'"Advanced"'. 
(12KA) Section 2116 is repealed. 
(B) The table of sections at the beginning of chapter 104 is 
amended by striking out the item relating to section 2116. 
(13) Section 2120 is amended by striking out "chapter—" and 
inserting in lieu thereof "chapter:". 
PUBLIC LAW 98-94—SEPT. 24, 1983 
97 STAT. 707 
(14) Section 2134 is amended by striking out the second 1
0 use 2134. 
sentence of such section. 
(15) The table of chapters at the beginning of subtitle A and 
the table of chapters at the beginning of part II of such subtitle 
are amended by striking out "and" in the item relating to 
chapter 60 and inserting in lieu thereof "or". 
Approved September 24, 1983. 
LEGISLATIVE HISTORY—S. 675 (H.R. 2969) (S. 1107) (H.R. 2797) (H.R. 2972): 
HOUSE REPORTS: No. 98-107 accompanying H.R. 2969 (Comm. on Armed Services) 
and No. 98-352 (Comm. of Conference). 
SENATE REPORTS: No. 98-174 (Comm. on Armed Services) and No. 98-213 (Comm. 
of Conference). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
May 18, 26, June 14-16, July 20, 21, 26, H.R. 2969 considered and passed House. 
July 11-16, 18-22, 25, 26, S. 675 considered and passed Senate. 
July 29, S. 675 considered and passed House, amended, in lieu of H.R. 2969. 
Sept. 13, Senate agreed to conference report with an amendment. 
Sept. 15, House agreed to conference report and concurred in Senate amend-
ment.