Department of Defense Authorization Act, 1985
PL 98-525 (H.R.5167), enacted 10/19/1984

98 STAT. 2492 
PUBLIC LAW 98-525—OCT. 19, 1984 
Public Law 98-525 
98th Congress 
An Act 
Oct. 19, 1984 
[H.R. 5167] 
Department of 
Defense 
Authorization 
Act, 1985. 
To authorize appropriations for military functions of the Department of Defense and 
to prescribe military personnel levels for the Department of Defense for fiscal year 
1985, to revise and improve defense procurement, compensation, and management 
programs, to establish new defense educational assistance programs, to authorize 
appropriations for national security programs of the Department of Energy, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE; T A B L E O F C O N T E N T S 
SECTION 1. (a) This Act may be cited as the "Department of 
Defense Authorization Act, 1985". 
(b) The table of contents for this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—PROCUREMENT 
Sec, 
Sec, 
Sec 
Sec, 
Sec, 
Sec 
101. 
102. 
103. 
104. 
105. 
108. 
109. 
Authorization of appropriations, Army. 
Authorization of appropriations, Navy and Marine Corps. 
Authorization of appropriations, Air Force. 
Authorization of appropriations, Defense Agencies. 
Authorization of appropriations for certain NATO cooperative programs. 
106. Extension of authority provided Secretary of Defense in connection with 
the NATO Airborne Warning and Control System (AWACS) program. 
Sec. 107. Limitation on waivers of cost-recovery requirements under Arms Export 
Control Act. 
Waiver of limitation on foreign military sales program. 
Transfer of certain military equipment or data to foreign countries. 
110. Policy concerning acquisition of additional MX missiles. 
111. Prohibition of spending funds for binary chemical munitions. 
112. Strategic weapons loader. 
113. Foreign military sales of Air National Guard OA-37 aircraft. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
201. Authorization of appropriations. 
202. Provisions relating to Army programs. 
203. Limitations on funds for the Navy. 
204. Limitations on funds for the Air Force. 
205. Policy governing the test of anti-satellite warheads. 
206. Limitation on funds for the Defense Agencies. 
207. Implementation of law to establish independent Director of Operational 
Test and Evaluation. 
Sec, 
Sec, 
Sec 
Sec 
Sec, 
Sec 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
TITLE III—OPERATION AND MAINTENANCE 
301. Authorization of appropriations. 
302. Greneral authorization of appropriations for pay raises, fuel costs, and 
inflation adjustments. 
303. Authorization of appropriations for working-capital funds. 
304. Contingency funds for the unified and specified commands. 
305. Sale of articles manufactured by certain arsenals; asset capitalization 
program. 
306. Administrative transition provision for Navy Stock Fund management 
change. 
307. Limitation on contracting-out core logistics functions. 
308. Limitation on consulting and related services. 
PUBLIC LAW 98-525-OCT. 19, 1984 
98 STAT. 2493 
Sec. 309. Restriction on reduction in ports of origin for certain cargo carried on ves-
sels of the Military Sealift Command. 
Sec. 310. Sense of Congress concerning introduction of United States Armed Forces 
into Central America for combat. 
TITLE IV—PERSONNEL AUTHORIZATIONS 
PART A—ACTIVE FORCES 
Sec. 401. Authorization of end strengths. 
Sec. 402. Extension of quality control on enlistments into the Army. 
PART B—RESERVE FORCES 
Sec, 411. Authorization of average strengths for Selected Reserve. 
Sec. 412. Authorization of end strengths for members on active duty in support of 
the reserve components. 
Sec. 413. Increase in number of certain personnel authorized to be on active duty in 
support of the reserve components. 
Sec. 414. Clarification of status of members of the National Guard performing full-
time duty. 
PART C—MIUTARY TRAINING 
Sec. 421. Authorization of military training student loads. 
Sec. 422. Reduction in number of students required to be in a unit of the Junior 
Reserve Officers' Training Corps for the unit to be maintained. 
TITLE V—DEFENSE PERSONNEL MANAGEMENT 
PART A—CIVIUAN PERSONNEL 
Sec. 501. Waiver of civilian personnel ceilings for fiscal year 1985. 
Sec. 502. Civilian personnel ceilings on industrially-funded activities during fiscal 
year 1984. 
PART B—OFFICER PERSONNEL 
Sec. 511. Temporary increase in the number of general and flag officers authorized 
to be on active duty. 
Sec. 512. Authority to consider for promotion certain Army reserve brigadier 
generals. 
Sec. 513. Authority to retain in active status until age 60 up to 10 Army reserve 
brigadier generals. 
Sec. 514. Extension of authority for the temporary promotion of certain Navy 
lieutenants. 
Sec. 515. Repeal of four-year limitation on period an officer may be assigned to the 
Army Staff or the Air Staff. 
PART C—AMENDMENTS TO PROVISIONS OF LAW ENACTED BY THE DEFENSE 
OFFICER PERSONNEL MANAGEMENT ACT 
Sec. 521. Retention in grade of officers appointed in reserves upon separating from 
active duty. 
Sec. 522. Increase in limitation on number of regular officers in the Navy, Air 
Force, and Marine Corps. 
Sec. 523. Clarification of senior general and flag officers continuation in grade 
during a change in status. 
Sec. 524. Authority to use means other than boards to decide whether an officer 
should be required to show cause for retention. 
Sec. 525. Removal from further consideration for promotion of officers in pay grade 
0-2 who have twice failed of selection for promotion. 
Sec. 526. Determination of date of rank for officers whose promotions are delayed 
administratively. 
Sec. 527. Special selection boards for warrant officers. 
Sec. 528. Authority to discharge reserve second lieutenants and ensigns found not 
qualified for promotion. 
Sec. 529. Navy limited duty officers. 
Sec. 530. Appointment in permanent grade of certain limited duty officers serving 
in higher temporary grades. 
Sec. 531. Determination of severance pay in certain cases. 
Sec. 532. Consideration for promotion of certain retired officers who later serve on 
active duty. 
Sec. 533. Technical amendments. 
98 STAT. 2494 
PUBLIC LAW 98-525—OCT. 19, 1984 
PART D—OFFICER TRAINING PROGRAMS 
Sec. 541. Clarification of authority to order certain cadets and midshipmen to 
active duty. 
Sec. 542. Extension of military service obligation of service academy and ROTC 
cadets and midshipmen. 
Sec. 543. Eligibility for advanced training in senior ROTC program. 
PART E—MISCELLANEOUS 
Sec. 551. Women in the Armed Forces. 
Sec. 552. Reserve forces readiness. 
Sec. 553. Precedence of award of Purple Heart. 
Sec. 554. Study of military regulations with regard to religious practices. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
PART A—BASIC PAY AND ALLOWANCES 
Sec. 601. Military pay raise for flscal year 1985. 
Sec. 602. Basic allowance for quarters and variable housing allowance. 
Sec. 603. Reimbursement for accommodations in place of quarters. 
Sec. 604. Clarification of authority to deny certain members without dependents 
right to elect to receive basic allowance for quarters rather than occupy 
military quarters. 
Sec. 605. Commutation of rations for reservists on inactive duty training who are 
unable to obtain rations in kind. 
Sec. 606. Forfeiture of accrued leave by certain members who serve on active duty 
less than six months. 
Sec. 607. Denial of credit for time spent in a delayed enlistment program for pur-
poses of computation of basic pay. 
PART B—TRAVEL AND TRANSPORTATION 
Sec. 611. Emergency medical transportation for dependents of members stationed 
in Alaska or Hawaii. 
Sec. 612. Transportation incident to emergency leave for members whose residences 
are in possessions of the United States. 
Sec. 613. Travel pay for certain reserve component instructors. 
Sec. 614. Transportation between residence and place of work for senior defense 
officials. 
PART C—BONUSES AND SPECIAL PAYS 
Sec. 621. Extension of enlistment and reenlistment bonus authorities for active 
forces. 
Sec. 622. Extension of special pay for certain aviation career officers. 
Sec. 623. Special pay for sea duty and special skills for enlisted members. 
Sec. 624. Elimination of certain categories of incentive pay for hazardous duty. 
PART D—HEALTH CARE MATTERS 
Sec. 631. Extension of medical and dental care for reserves and National Guard. 
Sec. 632. Enhanced benefits coverage under CHAMPUS. 
Sec. 633. Authority to provide dental care to certain dependents in facilities of the 
uniformed services. 
Sec. 634. Study of use by CHAMPUS of Medicare prospective payment system. 
PART E—BENEFITS FOR SURVIVORS AND FORMER SPOUSES 
Sec. 641. Elimination of certain social security offsets from the Survivor Benefit 
Plan. 
Sec. 642. Authority to initiate payments under survivor annuity programs when 
the participant is missing. 
Sec. 643. Clarification of authority to enforce certain court orders in connection 
with the payment of retired or retainer pay to former spouses. 
Sec. 644. Clarification of authority to elect former spouses as beneficiaries under 
the Survivor Benefit Plan. 
Sec. 645. Miscellaneous rights and benefits for former spouses. 
PART F—MISCELLANEOUS 
Sec. 651. Legal assistance programs. 
Sec. 652. Limitation on transportation of motor vehicles through Guam. 
Sec. 653. Personal vehicles of United States military personnel in Japan. 
Sec. 654. Authority for voluntary withholding of State income taxes from retired 
and retainer pay. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2495 
Sec. 655. Recomputation of retired pay of certain recalled retirees. 
Sec. 656. Delay of effective date for fee for veterinary services. 
TITLE VII—EDUCATIONAL ASSISTANCE PROGRAMS 
Sec. 701. Short title. 
Sec. 702. New educational assistance program. 
Sec. 703. Coordination with other veterans' education and training programs. 
Sec. 704. Suspension of right to enroll in chapter 32 program. 
Sec. 705. Revision of educational assistance program for the Selected Reserve. 
Sec. 706. Accrual funding of Department of Defense liabilities. 
Sec. 707. Educational leave of absence for members of the Armed Forces. 
Sec. 708. Preseparation counseling. 
Sec. 709. Extension of pilot Department of Defense educational assistance loan 
repayment program. 
TITLE VIII—CIVIL DEFENSE 
Sec. 801. Authorization of appropriations. 
Sec. 802. Repeal of limitation on amounts that may be appropriated for certain 
purposes. 
TITLE IX-NATIONAL DEFENSE STOCKPILE 
Sec. 901. Termination of previous disposal authority. 
Sec. 902. Authorizations for disposal. 
Sec. 903. Restrictions on balance in stockpile transaction fund. 
Sec. 904. Stockpile report. 
Sec. 905. Deposits of funds accruing from Naval Petroleum Reserves. 
TITLE X—MATTERS RELATING TO NATO AND OTHER ALLIES 
Sec. 1001. Sense of Congress relating to increase in defense spending by United 
States allies. 
Sec. 1002. Improvements to NATO conventional capability. 
Sec. 1003. Report on allied contributions to the common defense. 
Sec. 1004. NATO Seasparrow cooperative program. 
Sec. 1005. Procurement of communications support and related supplies and 
services. 
Sec. 1006. Policy on armaments cooperation with NATO member countries. 
Sec. 1007. Authority of Secretary of Defense in connection with cooperative agree-
ments on air defense in Central Europe. 
TITLE XI—MATTERS RELATING TO ARMS CONTROL 
Sec. 1101. Report on strategic nuclear submarine force. 
Sec. 1102. Annual report on strategic defense programs. 
Sec. 1103. Report on theater nuclear weapons and force structure. 
Sec. 1104. Report on withdrawal of tactical nuclear warheads from Europe. 
Sec. 1105. Report on United States counterforce capability. 
Sec. 1106. Transmittal to Congress of report on Soviet compliance with arms con-
trol agreements. 
Sec. 1107. Report on nuclear winter findings and policy implications. 
Sec. 1108. Sense of Congress relating to the establishment of Nuclear Risk Reduc-
tion Centers in the United States and the Soviet Union. 
Sec. 1109. Sense of Congress regarding a report to Congress on certain verification 
programs relating to biological and chemical weapons. 
Sec. 1110. Sense of Congress expressing support for United States to pursue out-
standing arms control compliance. 
Sec. 1111. Policy on the status of certain treaties to prevent nuclear testing. 
TITLE XII—PROCUREMENT POLICY REFORM AND OTHER PROCUREMENT 
MATTERS 
PART A—SHORT TITLE AND CONGRESSIONAL FINDINGS 
Sec. 1201. Short title. 
Sec. 1202. Congressional findings and policy. 
PART B—AMENDMENTS TO CHAPTER 137 OF TITLE 10, UNITED STATES CODE 
Sec. 1211. Definition. 
Sec. 1212. Publication of proposed regulations. 
Sec. 1213. Planning for procurement of supplies and for future competition. 
Sec. 1214. Delegation of certain procurement functions. 
98 STAT. 2496 
PUBLIC LAW 98-525—OCT. 19, 1984 
Sec. 1215. Personnel evaluations to include emphasis on competition and cost 
savings. 
Sec. 1216. Improved procurement procedures. 
Sec. 1217. Clerical amendments. 
PART C—AMENDMENTS TO CHAPTER 141 OF TITLE 10, UNITED STATES CODE 
Sec. 1231. Identification of sources of supplies. 
Sec. 1232. Revision of long-term lease or charter authority. 
Sec. 1233. Economic order quantities. 
Sec. 1234. Additional miscellaneous procurement provisions. 
Sec. 1235. Clerical amendments. 
PART D—OTHER PROCUREMENT PROVISIONS 
Sec. 1241. Cooperative agreements for procurement technical assistance. 
Sec. 1242. Revision of requirements for selected acquisition reports and unit cost 
reports. 
Sec. 1243. Duration of assignment of program managers for major programs. 
Sec. 1244. Authority to waive compliance with certain requirements provided for in 
regulations relating to prices of spare parts and replacement equip-
ment. 
Sec. 1245. Regulations for allocating overhead to parts to which the prime contrac-
• tor has added little value. 
PART E—TEMPORARY PROVISIONS, REPORTS, AND EFFECTIVE DATES 
Sec. 1251. Report on implementation of certain recommendations of the Grace Com-
mission. 
Sec. 1252. Plans for management of technical data and computer capability im-
provements. 
Sec. 1253. Report on use of independent cost estimates for major defense acquisition 
programs. 
Sec. 1254. One-year extension of test program to authorize price differentials to 
relieve economic dislocations. 
TITLE XIII-DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT MATTERS 
Sec. 1301. Joint Chiefs of Staff reorganization. 
Sec. 1302. Reduction in headquarters staffs. 
Sec. 1303. Report on size of service Secretariats. 
Sec. 1304. Implementation of certain personnel policies. 
Sec. 1305. Expansion of authority for collection of debts from members of the 
Armed Forces. 
Sec. 1306. Increased Coast Guard membership on the Reserve Forces Policy Board. 
Sec. 1307. Limitation on use of funds for conducting polygraphs examinations; 
report. 
TITLE XIV—CODIFICATION OF CERTAIN RECURRING AND PERMANENT 
PROVISIONS OF LAW 
Sec. 1401. Amendments to title 10, United States Code. 
Sec. 1402. Amendments to title 37, United States Code. 
Sec. 1403. Repeal provisions. 
Sec. 1404. Effective date. 
Sec. 1405. Clerical amendments to title 10, United States Code. 
TITLE XV—GENERAL PROVISIONS 
PART A—DEFENSE FINANCIAL MATTERS 
Sec. 1501. Transfer authority. 
PART B—PROVISIONS RELATING TO SPECIFIC PROGRAMS 
Sec. 1511. Chemical Warfare Review Commission. 
Sec. 1512. Restriction on the use of funds for the B-IB bomber aircraft program. 
Sec. 1513. Configuration of the FFG-7 class guided missile frigate. 
Sec. 1514. Prohibition against using funds appropriated for the Advanced Technology 
Bomber and the Advanced Cruise Missile programs for any other 
purpose. 
PART C—MISCELLANEOUS DEFENSE REPORTING REQUIREMENTS 
Sec. 1521. Extension of time for report of the Commission established by the Mili-
tary Justice Act of 1983. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2497 
Sec. 1522. Study of foreign sales and procurement of defense articles. 
Sec. 1523. Report on use of Air Force air refueling fleet. 
Sec. 1524. Study by the Secretary of Defense of current and potential exploitation 
of foreign technology by the Department of Defense. 
Sec. 1525. Report on Americans unaccounted for or missing in Indochina. 
Sec. 1526. Report on safety in the Army. 
Sec. 1527. Report on enhanced military career opportunities for nonphysician 
health-care providers. 
PART D—MISCELLANEOUS DEFENSE-RELATED MATTERS 
Sec. 1531. Exemption from authority to induct under the Military Selective Service 
Act any person whose mother was killed in line of duty. 
Sec. 1532. Prohibition of unauthorized uses of Marine Corps insignia. 
Sec. 1533. Improved readiness and training of the Civil Air Patrol through provi-
sion of certain additional Federal services. 
Sec. 1534. Participation of members of the Armed Forces in international sports 
activities. 
Sec. 1535. Instruction of foreign officers at the Uniformed Services University of 
the Health Sciences. 
Sec. 1536. Commission on Merchant Marine and Defense. 
Sec. 1537. Department of Defense air traffic controllers. 
Sec. 1538. Sale of ammunition for avalanche-control purposes. 
Sec. 1539. Supplemental information to the environmental impact statement of 
the Navy on the proposed transfer of certain personnel. 
Sec. 1540. Authorization for Secretary of Defense to transport humanitarian relief 
supplies to countries in Central America. 
PART E—OTHER MISCELLANEOUS MATTERS 
Sec. 1541. Survivors of the Glomar Java Sea. 
Sec. 1542. Policy regarding the furnishing of food and medical supplies to 
Afghanistan. 
Sec. 1543. Reaffirmation of United States policy toward Cuba. 
Sec. 1544. Report on use of Cuban and Russian nickel in defense procurements. 
TITLE XVI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 1600. Short title. 
PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS 
Sec. 1601. Operating expenses. 
Sec. 1602. Plant and capital equipment. 
PART B—RECURRING GENERAL PROVISIONS 
Sec. 1621. Reprograming. 
Sec. 1622. Limits on general plant projects. 
Sec. 1623. Limits on construction projects. 
Sec. 1624. Fund transfer authority. 
Sec. 1625. Authority for construction design. 
Sec. 1626. Authority for emergency construction design. 
Sec. 1627. Funds available for all national security programs of the Department of 
Energy. 
Sec. 1628. Adjustments for pay increases. 
Sec. 1629. Availability of funds. 
PART C—SPECIAL PROGRAM PROVISIONS 
Sec. 1631. Contractor liability for injury or loss of property arising out of atomic 
weapons testing programs. 
Sec. 1632. Cost-effective funding of nuclear weapons. 
Sec. 1633. Review of the Inertial Confinement Fusion Program. 
Sec. 1634. Naval Nuclear Propulsion Program. 
Sec. 1635. Authorization for production of the 155-millimeter artillery-fired, atomic 
projectile. 
TITLE XVII—UNITED STATES INSTITUTE OF PEACE 
Sec. 1701. Short title. 
Sec. 1702. Declaration of findings and purposes. 
Sec. 1703. Definitions. 
Sec. 1704. Establishment of the Institute. 
Sec. 1705. Powers and duties. 
Sec. 1706. Board of directors. 
98 STAT. 2498 
PUBLIC LAW 98-525—OCT. 19, 1984 
Sec. 1707. Officers and employees. 
Sec. 1708. Procedures and records. 
Sec. 1709. Independence and limitations. 
Sec. 1710. Funding. 
Sec. 1711. Dissolution or liquidation. 
Sec. 1712. Reporting requirement and requirement to hold hearings. 
TITLE I—PROCUREMENT 
AUTHORIZATION OF APPROPRIATIONS, ARMY 
SEC. 101. (aXD Funds are hereby authorized to be appropriated for 
fiscal year 1985 for procurement for the Army as follows: 
For aircraft, $3,852,200,000. 
For missiles, $3,260,000,000. 
For weapons and tracked combat vehicles, $4,838,600,000. 
For ammunition, $2,338,900,000. 
For other procurement, $5,457,700,000. 
For Army National Guard equipment, $50,000,000. 
(2) There are hereby authorized to be transferred to, and merged 
with, amounts appropriated for procurement for the Army for fiscal 
year 1985 pursuant to the authorization of appropriations in para-
graph (1), to the extent provided in appropriation Acts— 
(A) $30,000,000 for procurement of aircraft to be derived from 
amounts appropriated for fiscal year 1984 for procurement of 
aircraft for the Army remaining available for obligation; 
(B) $13,000,000 for procurement of missiles to be derived from 
amounts appropriated for fiscal year 1984 for procurement of 
missiles for the Army remaining available for obligation; 
(C) $60,500,000 for procurement of weapons and tracked com-
bat vehicles to be derived from amounts available for fiscal year 
1983 for procurement of weapons and tracked combat vehicles 
for the Army remaining available for obligation resulting from 
the sale of M48A5 tanks under a letter of offer issued pursuant 
22 use 2761. 
to Section 21(aXl) of the Arms Export Control Act that would 
otherwise be deposited in the Special Defense Acquisition Fund; 
(D) $197,300,000 for procurement of weapons and tracked 
combat vehicles to be derived from amounts appropriated for fiscal 
year 1984 for procurement of weapons and tracked combat 
vehicles for the Army remaining available for obligation; 
(E) $44,000,000 for procurement of ammunition to be derived 
from amounts appropriated for fiscal year 1984 for procurement 
of ammunition for the Army remaining available for obligation; 
and 
(F) $18,000,000 for other procurement to be derived from 
amounts appropriated for fiscal year 1984 for other procure-
ment for the Army remaining available for obligation. 
ft)) The Secretary of the Army may enter into multiyear contracts 
in accordance with section 2306(h) of title 10, United States Code, for 
the purchase of UH-60A aircraft, EH-60A aircraft, M-1 tanks or 
subsystems, TOW missiles, 5-ton trucks, Bushmaster Vehicle Rapid-
fire weapon systems, and shop equipment contact maintenance 
vehicles, and for the execution of the CH-47D aircraft moderniza-
tion program. Such contracts may include an unfunded cancellation 
ceiling. If funds are not made available for the continuation of such 
a contract in subsequent fiscal years, the contract shall be cancelled 
and the costs of cancellation shall be paid as provided in section 
2306(hX5) of title 10, United States Code. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2499 
(c) Effective on October 1, 1984, the provisions of section 794 of 
the Department of Defense Appropriation Act, 1984 (PubUc Law 98-
212), shall not apply to the procurement of EH-60A and UH-60A 
aircraft under a multiyear contract. 
(d) None of the funds appropriated pursuant to the authorizations 
of appropriations in subsection (a) may be used for the purpose of 
entering into a contract for the production and assembly of the 
Division Air Defense System until— 
(1) initial production testing of such system is completed; 
(2) the Secretary of Defense reports the results of such testing 
to the appropriate committees of Congress; and 
(3) a period of 30 days has elapsed after the day on which 
those committees receive that report. 
(e) Not later than February 1, 1985, the Secretary of the Army 
shall select a contractor for the supply of 120-millimeter mortars 
necessary to meet the requirements of the Army. The selection shall 
be made from among companies that are existing production sources 
for such mortars. 
(f) None of the funds appropriated pursuant to the authorizations 
of appropriations in subsection (a) may be used for the construction 
in foreign shipyards of logistics support vessels. 
Effective date. 
97 Stat. 1454. 
Prohibition. 
AUTHORIZATION OF APPROPRIATIONS, NAVY AND MARINE CORPS 
SEC. 102. (a) AIRCRAFT.—(1) Funds are hereby authorized to be 
appropriated for fiscal year 1985 for procurement of aircraft for the 
Navy in the amount of $11,053,200,000. 
(2) There is hereby authorized to be transferred to, and merged 
with, amounts appropriated for procurement of aircraft for the 
Navy for fiscal year 1985 pursuant to the authorization of appropria-
tions in paragraph (1), to the extent provided in appropriation Acts, 
$54,400,000 to be derived from amounts appropriated for fiscal year 
1984 for procurement of aircraft for the Navy remaining available 
for obligation. 
(b) WEAPONS.—(1) Funds are hereby authorized to be appropriated 
for fiscal year 1985 in the total amount of $4,444,800,000 for procure-
ment of weapons (including missiles and torpedoes) for the Navy as 
follows: 
For missile programs, $3,493,400,000. 
For the MK-48 torpedo program, $212,900,000. 
For the MK-46 torpedo program, $256,000,000. 
For the MK-60 torpedo program, $128,500,000. 
For the MK-30 mobile target program, $21,300,000. 
For the MK-38 minimobile target program, $2,500,000. 
For the antisubmarine rocket (ASROC) program, $25,900,000. 
For the modification of torpedoes and related equipment, 
$32,200,000. 
For the torpedo support equipment program, $96,000,000. 
For the MK-15 close-in weapon system program, $163,900,000. 
For 
the 
MK-75 
76-millimeter 
gun 
mount 
program, 
$10,900,000. 
For other weapons, $68,300,000. 
The sum of the amounts authorized for facilities and contract 
support under this subsection is reduced by $12,000,000 in order 
to meet the total amount authorized to be appropriated set forth 
at the beginning of this paragraph. 
98 STAT. 2500 
PUBLIC LAW 98-525—OCT. 19, 1984 
(2) There is hereby authorized to be transferred to, and merged 
with amounts appropriated for procurement of weapons for the 
Navy for fiscal year 1985 pursuant to the authorization of appropria-
tions in paragraph (1) to the extent provided in appropriation Acts, 
$20,000,000 to be derived from amounts appropriated for fiscal year 
1984 for procurement of weapons for the Navy remaining for 
obligation. 
(c) SHIPBUILDING AND CONVERSION.—(1) Funds are hereby author-
ized to be appropriated for fiscal year 1985 in the total amount of 
$12,153,400,000 for shipbuilding and conversion for the Navy as 
follows: 
For the Trident submarine program, $1,708,200,000. 
For the SSN-688 nuclear attack 
submarine 
program, 
$2,880,000,000. 
For the aircraft carrier service life extension program (SLEP), 
$764,500,000. 
For the CG-47 Aegis cruiser program, $3,150,000,000. 
For 
the 
DDG-51 
guided 
missile 
destroyer 
program, 
$1,173,900,000. 
For the LSD-41 landing ship dock program, $489,500,000. 
For the LHD-1 amphibious assault ship program, $39,200,000. 
For the LPD-4 amphibious transport dock service life exten-
sion program, $15,000,000. 
For the MCM-1 mine countermeasures ship program, 
$349,500,000. 
For the TAO-187 fleet oiler program, $562,600,000. 
For 
the 
TAGOS 
ocean 
surveillance 
ship 
program, 
$129,900,000. 
For the TAGS ocean survey ship program, $245,000,000. 
For the strategic sealift ready reserve program, $31,000,000. 
For the TAGS auxiliary crane ship program, $44,000,000. 
For the TAVB aviation logistics support ship program, 
$42,800,000. 
For 
the 
LCAC 
landing 
craft 
air 
cushion 
program, 
$230,100,000. 
For service craft and landing craft, $93,100,000. 
For outfitting and post delivery, $383,600,000. 
The sum of the amounts authorized for programs under this 
subsection is reduced by $178,500,000 in order, to meet the total 
amount authorized to be appropriated set forth at the beginning 
of this paragraph. 
(2) There are hereby authorized to be transferred to, and merged 
with, amounts appropriated for shipbuilding and conversion for the 
Navy for fiscal year 1985 pursuant to the authorizations of appro-
priations in paragraph (1), to the extent provided in appropriation 
Acts, amounts appropriated for fiscal years before fiscal year 1985 
for shipbuilding and conversion for the Navy and remaining avail-
able for obligation in the total amount of $70,000,000 as follows: 
(A) For the Trident submarine program, $40,000,000 shall be 
derived from funds appropriated for fiscal year 1983 for the 
FFG-7 guided missile frigate program and shall be available 
only for an x-band phased array radar. 
(B) For the naval 
nuclear 
reactor training 
program, 
$30,000,000 of which— 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2501 
(i) $10,000,000 shall be derived from funds appropriated 
for fiscal year 1982 for the CVN aircraft carrier program; 
and 
(ii) $20,000,000 shall be derived from funds appropriated 
for fiscal year 1983 for the CVN aircraft carrier program. 
(3) There are hereby authorized to be transferred to, and merged 
with, amounts appropriated for shipbuilding and conversion for the 
Navy for fiscal year 1984, to the extent provided in appropriation 
Acts, amounts appropriated for fiscal years before fiscal year 1985 
for shipbuilding and conversion for the Navy and remaining avail-
able for obligation $336,200,000 for the battleship reactivation pro-
gram, to be derived from funds appropriated for fiscal year 1983 for 
the CVN aircraft carrier program. 
(d) OTHER PROCUREMENT, NAVY.—(1) Funds are hereby authorized 
to be appropriated for fiscal year 1985 for other procurement for the 
Navy in the amount of $5,266,300,000, of which— 
(A) $775,100,000 is available only for the ship support equip-
ment program; 
(B) $1,778,800,000 is available only for the communications 
and electronics equipment program; and 
(C) $1,137,600,000 is available only for the ordnance support 
equipment program. 
(2) There is hereby authorized to be transferred to, and merged 
with amounts appropriated for other procurement for the Navy for 
fiscal year 1985 pursuant to the authorization of appropriations 
in paragraph (1) to the extent provided in appropriation Acts, 
$85,000,000 to be derived from amounts appropriated for fiscal year 
1984 for other procurement for the Navy remaining for obligation. 
(e) PROCUREMENT, MARINE CORPS.—Funds are hereby authorized 
to be appropriated for fiscal year 1985 for procurement for the 
Marine Corps (including missiles, tracked combat vehicles, and 
other weapons) in the amount of $1,890,700,000. 
(f) NAVY AND MARINE CORPS RESERVE.—Funds are hereby author-
ized to be appropriated for fiscal year 1985 in the total amount of 
$20,000,000 for Navy Reserve equipment and $20,000,000 for Marine 
Corps Reserve equipment. 
(g) MULTIYEAR CONTRACTS.—The Secretary of the Navy may enter 
into multiyear contracts in accordance with section 2306(h) of title 
10, United States Code, for the purchase of CH-53E aircraft and 
AN/SSQ-36 sonobuoys. Such contracts may include an unfunded 
cancellation ceiling. If funds are not made available for the continu-
ation of such a contract in subsequent fiscal years, the contract shall 
be cancelled and the costs of cancellation shall be paid as provided 
in section 2306(h)(5) of title 10, United States Code. 
(h) DDG-51 DESTROYER PROGRAM.—None of the funds appropriated 
pursuant to the authorization of appropriations in subsection (c) for 
the DDG-51 guided missile destroyer program may be obligated or 
expended until the Secretary of the Navy certifies to the Commit-
tees on Armed Services and on Appropriations of the Senate and 
House of Representatives that the lead ship in that program is 
capable of being equipped with a Rankine-Cycle Energy Recovery 
(RACER) system without rearrangement of ship spaces and equip-
ment or other major modification to the ship. 
(i) COMMON 
AIRCRAFT EJECTION SEAT.—Notwithstanding 
any 
other provision of law, the Secretary of the Navy may establish and 
maintain an alternative source for the procurement of a common 
aircraft ejection seat for the F/A-18 aircraft, the T-45 aircraft, the 
3 1 - 1 9 4 0 - 8 6 - 5 
: QL.3 P a r t S 
98 STAT. 2502 
PUBLIC LAW 98-525—OCT. 19, 1984 
F-14D aircraft, and the A-6E upgrade aircraft. A business concern 
may be considered as such alternative source regardless of the 
country in which the business concern is based. 
AUTHORIZATION OF APPROPRIATIONS, AIR FORCE 
SEC. 103. (a)(1) Funds are hereby authorized to be appropriated for 
fiscal year 1985 for procurement for the Air Force as follows: 
For aircraft, $26,101,700,000. 
For missiles, $8,605,300,000. 
For other procurement, $8,724,000,000. 
For Air National Guard equipment, $20,000,000. 
(2)(A) There are hereby authorized to be transferred to, and 
merged with, amounts appropriated for procurement of aircraft for 
the Air Force for fiscal year 1985 pursuant to the authorization of 
appropriations in paragraph (1), to the extent provided in appropria-
tion Acts— 
(i) $99,000,000 to be derived from amounts available for fiscal 
years 1983, 1984, and 1985 for procurement of aircraft for the 
Air Force remaining available for obligation resulting from the 
sale of aircraft under a letter of offer issued pursuant to section 
22 use 2761. 
21(a)(1) of the Arms Export Control Act that would otherwise be 
deposited in the Special Defense Acquisition Fund; 
(ii) $206,700,000 to be derived from amounts appropriated for 
fiscal year 1984 for procurement of aircraft for the Air Force 
remaining available for obligation; and 
(iii) $144,800,000 to be derived from amounts appropriated for 
fiscal year 1983 for procurement of aircraft for the Air Force 
remaining for obligation from the C-19 program. 
(3) There is hereby authorized to be transferred to, and merged 
with, amounts appropriated for procurement of missiles for the Air 
Force for fiscal year 1985 pursuant to the authorization of appro-
priations in paragraph (1), to the extent provided in appropriation 
Acts, $15,000,000 to be derived from amounts appropriated for fiscal 
year 1984 for procurement of missiles for the Air Force remaining 
for obligation. 
(4) There is hereby authorized to be transferred to, and merged 
with, amounts appropriated for other procurement for the Air Force 
for fiscal year 1985 pursuant to the authorization of appropriations 
in paragraph (1), to the extent provided in appropriation Acts, 
$14,500,000 to be derived from amounts appropriated for fiscal year 
1984 for other procurement for the Air Force remaining for 
obligation. 
(b) The Secretary of the Air Force may not make a contract for the 
procurement of aircraft engines unless the amount under the con-
tract for any warranty required by section 797 of the Department of 
Defense Appropriation Act, 1983 (as contained in section 101(c) of 
96 Stat. 1833. 
Public Law 97-377), section 794 of the Department of Defense 
97 Stat. 1454. 
Appropriation Act, 1984 (Public Law 98-212), or section 2403 of title 
Post, p. 2601. 
10, United States Code (as added by section 1234), does not exceed 10 
percent of the total contract price. 
(c) The Secretary of the Air Force may enter into a multiyear 
contract for the purchase of F-16 aircraft in accordance with section 
2306(h) of title 10, United States Code. Such contract may include an 
unfunded cancellation ceiling. In the event funds are not made 
available for the continuation of such contract in subsequent fiscal 
years, the contract shall be cancelled and the costs of cancellation 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2503 
shall be paid as provided in section 2306(h)(5) of title 10, United 
States Code. 
(d) The Secretary of the Air Force shall acquire four additional 
used commercial passenger aircraft to be used to augment national 
security airlift operations. Such aircraft shall be acquired using 
amounts which were appropriated for fiscal year 1983 for procure-
ment of equipment for the Air National Guard and which remain 
available for obligation. 
AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES 
SEC. 104. Funds are hereby authorized to be appropriated for fiscal 
year 1985 for the defense agencies in the amount of $1,180,200,000. 
AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN NATO COOPERATIVE 
PROGRAMS 
SEC. 105. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1985 for activities of the Under Secretary of Defense for 
Research and Engineering for acquisition in connection with cooper-
ative programs of the North Atlantic Treaty Organization as 
follows: 
For acquisition of the Patriot missile system for the Federal 
Republic of Germany, $150,000,000. 
For acquisition of point air defense of United States airbases 
in the Federal Republic of Germany, $65,000,000. 
For acquisition of point air defense of United States airbases 
and other critical United States military facilities in Italy, 
$15,000,000. 
For acquisition of point air defense for ground-launched 
cruise missile bases in Europe, $10,000,000. 
For acquisition of point air defense of United States airbases 
in Turkey, $10,000,000. 
(b) None of the amounts appropriated pursuant to the authoriza-
tions in subsection (a) may be obligated— 
(1) for implementation of a cooperative program until the 
Secretary of Defense submits to the Committees on Armed 
Services of the Senate and House of Representatives a copy of 
each government-to-government agreement relating to that pro-
gram; or 
(2) for acquisitions in connection with a NATO cooperative 
program in which the financial obligations of the United States 
exceed the collective financial obligations of European countries 
in connection with such program. 
EXTENSION OF AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CON-
NECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYSTEM 
(AWACS) PROGRAM 
SEC. 106. Effective on October 1,1984, section 103(a) of the Depart- Effective date, 
ment of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 
1100), is amended by striking out "fiscal year 1984" each place it 
appears and inserting in lieu thereof "fiscal year 1985". 
98 STAT. 2504 
PUBLIC LAW 98-525—OCT. 19, 1984 
UMITATION ON WAIVERS OF COST-RECOVERY REQUIREMENTS UNDER 
ARMS EXPORT CONTROL ACT 
SEC. 107. The authority of the President under section 21(e)(2) of 
22 use 2761. 
the Arms Export Control Act may be exercised without regard to 
the Hmitation imposed by section 762A of the Department of 
97 Stat. 1450. 
Defense Appropriation Act, 1984 (PubUc Law 98-212). 
WAIVER OF LIMITATION ON FOREIGN MILITARY SALES PROGRAM 
22 use 2751 
SEC. 108. The Arms Export Control Act shall be administered as if 
note. 
section 743A of the Department of Defense Appropriation Act, 1984 
97 Stat. 1446. 
(Public Law 98-212; 96 Stat. 1858), had not been enacted into law. 
TRANSFER OF CERTAIN MILITARY EQUIPMENT OR DATA TO FOREIGN 
COUNTRIES 
SEC. 109. Section 765(c) of the Department of Defense Appropria-
97 Stat. 1450. 
tion Act, 1984 (Public Law 98-212), is hereby repealed. 
POLICY CONCERNING ACQUISITION OF ADDITIONAL MX MISSILES 
SEC. 110. (a) Subject to subsections (b) and (c), of the funds appro-
priated pursuant to the authorization of appropriations in section 
103 for procurement of missiles for the Air Force, $2,500,000,000 
may be used for the MX missile program, including acquisition of 
not more than 21 additional operational MX missiles. 
(b) Except as provided in subsection (c), none of the $2,500,000,000 
described in subsection (a) may be obligated for the procurement of 
additional operational MX missiles unless— 
President of U.S. 
(1) after March 1, 1985, the President submits to Congress a 
Report. 
report described in subsection (e); 
(2) a joint resolution approving the obligation of those funds is 
enacted as provided for in this section; and 
(3) a second joint resolution is enacted as provided for in the 
Department of Defense Appropriation Act, 1985 (or in a joint 
resolution providing funds for the Department of Defense for 
fiscal year 1985), further approving the obligation of those 
funds. 
(c) Of the $2,500,000,000 described in subsection (a), $1,000,000,000 
may be obligated only for— 
(1) procurement related to the deployment of the 21 MX 
missiles for which funds were authorized and appropriated for 
fiscal year 1984; 
(2) advance procurement of parts and materials for the MX 
missile program and for the maintenance of the MX missile 
program contractor base; and 
(3) spare parts for the MX missile program. 
(d)(1) For the purpose of subsection (b)(2), "joint resolution" means 
only a joint resolution introduced after the date on which the report 
of the President under subsection (b)(1) is received by Congress the 
matter after the resolving clause of which is as follows: "That 
subject to the enactment (after the enactment of this joint resolu-
tion) of a joint resolution further approving the obligation of such 
funds, the Congress approves the obligation of funds appropriated 
for fiscal year 1985 for the procurement of additional operational 
MX missiles (in addition to the funds previously authorized to be 
obligated).". 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2505 
(2) A resolution described in paragraph (1) introduced in the 
House of Representatives shall be referred to the Committee on 
Armed Services of the House of Representatives. A resolution de-
scribed in paragraph (1) introduced in the Senate shall be referred to 
the Committee on Armed Services of the Senate. Such a resolution 
may not be reported before the 8th day after its introduction. 
(3) If the committee to which is referred a resolution described in 
paragraph (1) has not reported such resolution (or an identical 
resolution) at the end of 15 calendar days after its introduction or at 
the end of the first day after there has been reported to the House 
involved a joint resolution approving the further obligation of funds 
for the procurement of operational MX missiles as provided for in 
the Department of Defense Appropriation Act, 1985 (or in a joint 
resolution providing funds for the Department of Defense for fiscal 
year 1985), whichever is earlier, such committee shall be deemed to 
be discharged from further consideration of such resolution and 
such resolution shall be placed on the appropriate calendar of the 
House involved. 
(4)(A) When the committee to which a resolution is referred has 
reported, or has been deemed to be discharged (under paragraph (3)) 
from further consideration of, a resolution described in paragraph 
(1), it is at any time thereafter in order (even though a previous 
motion to the same effect has been disagreed to) for any Member of 
the respective House to move to proceed to the consideration of the 
resolution, and all points of order against the resolution (and against 
consideration of the resolution) are waived. The motion is highly 
privileged in the House of Representatives and is privileged in the 
Senate and is not debatable. The motion is not subject to amend-
ment, or to a motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to reconsider the vote by 
which the motion is agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of the resolution is agreed 
to, the resolution shall remain the unfinished business of the respec-
tive House until disposed of. 
(B) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 
10 hours, which shall be divided equally between those favoring and 
those opposing the resolution. A motion further to limit debate is in 
order and not debatable. An amendment to, or a motion to postpone, 
or a motion to proceed to the consideration of other business, or a 
motion to recommit the resolution is not in order. A motion to 
reconsider the vote by which the resolution is agreed to or disagreed 
to is not in order. 
(C) Immediately following the conclusion of the debate on a 
resolution described in paragraph (1), and a single quorum call at 
the conclusion of the debate if requested in accordance with the 
rules of the appropriate House, the vote on final passage of the 
resolution shall occur. 
(D) Appeals from the decisions of the Chair relating to the applica-
tion of the rules of the Senate or the House of Representatives, as 
the case may be, to the procedure relating to a resolution described 
in paragraph (1) shall be decided without debate. 
(5) If, before the passage by one House of a resolution of that 
House described in paragraph (1), that House receives from the 
other House a resolution described in paragraph (1), then the follow-
ing procedures shall apply: 
98 STAT. 2506 
PUBLIC LAW 98-525—OCT. 19, 1984 
(A) The resolution of the other House shall not be referred to 
a committee. 
(B) With respect to a resolution described in paragraph (1) of 
the House receiving the resolution— 
(i) the procedure in that House shall be the same as if no 
resolution had been received from the other House; but 
(ii) the vote on final passage shall be on the resolution of 
the other House. 
(6) This subsection is enacted by Congress— 
(A) as an exercise of the rulemaking power of the Senate and 
House of Representatives, respectively, and as such it is deemed 
a part of the rules of each House, respectively, but applicable 
only with respect to the procedure to be followed in that House 
in the case of a resolution described in paragraph (1), and it 
supercedes other rules only to the extent that it is inconsistent 
with such rules; and 
(B) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
that House) at any time, in the same manner and to the same 
extent as in the case of any other rule of that House. 
Report. 
(e) A report under subsection (b)(1) shall include— 
President of U.S. 
(1) a statement that the President has determined that fur-
ther acquisition of operational missiles under the MX missile 
program is in the national security interest of the United States 
and is consistent with United States arms control policy; 
(2) findings of the President concerning the effect of the 
acquisition and deployment of such missiles on the vulnerability 
of the United States land-based intercontinental ballistic mis-
sile force; 
(3) a discussion of the basing mode for the MX missile (and 
related improvements in silo-hardening technology) and of pro-
posals for the basing mode for the small, single-warhead inter-
continental ballistic missile; and 
(4) to the extent not covered under paragraphs (1) through (3), 
the assessment of the President submitted pursuant to subsec-
tion (g)(2). 
(f) Obligation for the MX missile program of funds appropriated 
for fiscal year 1985 is subject to section 1231 of the Department of 
Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 693). 
(gXD Section 1231(e) of the Department of Defense Authorization 
Act, 1984 (Public Law 98-94; 97 Stat. 694), is amended— 
(A) by striking out "the Committees on Armed Services of the 
Senate and House of Representatives" and inserting in lieu 
thereof "Congress"; 
(B) by striking out "the date of the enactment of this Act" and 
inserting in lieu thereof "September 24,1983,"; 
(C) by striking out "and" at the end of clause (B); 
(D) by striking out the period at the end of clause (C) and 
inserting in lieu thereof "; and"; and 
(E) by adding at the end thereof the following new clause: 
"(D) the progress of efforts to develop more survivable basing 
modes for the MX and other intercontinental missiles, including 
a new small mobile intercontinental ballistic missile.". 
(2) The first assessment under section 1231(e) of the Department of 
Supra. 
Defense Authorization Act, 1984, submitted after the date of the 
enactment of this Act shall be submitted as part of the report 
described in subsection (e) (rather than coincident with any request 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2507 
for funds for the procurement of MX missiles submitted to Congress 
before the submission of that report). 
PROHIBITION OF SPENDING FUNDS FOR BINARY CHEMICAL MUNITIONS 
SEC. 111. None of the funds appropriated pursuant to authoriza-
tions of appropriations in this title may be used for procurement of 
binary chemical munitions, including advanced procurement of 
long-lead components or for the establishment of a production base 
for such munitions. 
STRATEGIC WEAPONS LOADER 
SEC. 112. None of the funds appropriated to the Department of 
Defense may be obligated or expended for procurement of a new 
strategic weapons loader to meet the performance requirements for 
the B-IB bomber aircraft or the Advanced Technology Bomber 
aircraft until a contractor for such weapons loader has been deter-
mined after a competition. 
FOREIGN MILITARY SALES OF AIR NATIONAL GUARD OA-37 AIRCRAFT 
SEC. 113. It is the sense of Congress— 
(1) that the Air Force should, at the earliest practicable date, 
provide modern replacement aircraft for those Air National 
Guard units currently using OA-37 Dragonfly aircraft in order 
to fulfill Forward Air Controller (FAC) mission of the Air 
National Guard; and 
(2) that the United States should not sell or otherwise provide 
to any foreign country any OA-37 aircraft currently assigned to 
an Air National Guard unit unless the unit to which such 
aircraft is assigned is in the process of converting to the use of a 
more modern aircraft or unless the OA-37 aircraft to be sold or 
otherwise provided to a foreign country has been replaced with 
an OA-37 from the stocks of the Air Force. 
TITLE II-RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1985 for the use of the Armed Forces for research, 
development, test, and evaluation in amounts as follows: 
For the Army, $4,546,675,000. 
For the Navy (including the Marine Corps), $9,409,596,000. 
For the Air Force, $13,547,311,000. 
For the Defense Agencies, $4,577,681,000, of which $59,000,000 
is authorized for the activities of the Director of Test and 
Evaluation, 
(b) There is hereby authorized to be transferred to, and merged 
with, amounts appropriated for research and development for the 
Navy for fiscal year 1985 pursuant to the authorization of appropria-
tions in subsection (a), to the extent provided in appropriation Acts, 
$13,000,000 to be derived from amounts appropriated for fiscal year 
1984 for research and development for the Navy remaining avail-
able for obligation. 
98 STAT. 2508 
PUBLIC LAW 98-525—OCT. 19, 1984 
(c) In addition to the funds authorized to be appropriated in 
subsection (a), there are authorized to be appropriated for fiscal year 
1985 such additional sums as may be necessary for increases in 
salary, pay, retirement, and other employee benefits authorized by 
law for civilian employees of the Department of Defense whose 
compensation is provided for by funds authorized to be appropriated 
in subsection (a). 
Energy. 
Motor vehicles. 
Report. 
Report. 
PROVISIONS RELATING TO ARMY PROGRAMS 
SEC. 202. (a)(1) Of the amount authorized in section 201 for the 
Army, the sum of $1,300,000 is available only for— 
(A) the purchase of new methanol cars; 
(B) establishing the reliability and durability of such vehicles 
in laboratory and fleet tests; 
(C) testing a percentage of the methanol fleet in cold weather 
environments; and 
(D) resolving related support functions for the safe and effi-
cient storage, distribution, and the use of neat methanol fuel for 
such vehicles. 
(2) Not later than September 30, 1985, the Secretary of the Army 
shall submit to the Committee on Armed Services of the Senate and 
House of Representatives a report on the progress of the methanol 
fuel program described in paragraph (1). 
(b)(1) The Secretary of the Army shall proceed with the competi-
tive development of a Joint Tactical Missile System having the 
following design goals: 
(A) A maximum range of 200 kilometers. 
(B) A payload at maximum range of 1,000 pounds. 
(2) In the development of the Joint Tactical Missile System, the 
Secretary of the Army shall make maximum use of proven missile 
system technology with the objective of completing the competitive 
full-scale engineering development of the system by July 1, 1987. 
(3) Not later than January 1 of 1985,1986, and 1987, the Secretary 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the progress of the develop-
ment of the system referred to in paragraph (1). 
LIMITATIONS ON FUNDS FOR THE NAVY 
SEC. 203. (a) Of the amount authorized in section 201 for the Navy 
(including the Marine Corps)— 
(1) $45,000,000 is available only for continued development of 
the Rankine-Cycle Energy Recovery (RACER) system to ensure 
compatibility of the RACER system with all ships of the DDG-
51 class, including the lead ship; 
(2) $25,016,000 is available only for the development of a 
derivative of the Navy SH-60 helicopter for the aircraft carrier 
inner-zone anti-submarine warfare helicopter mission; 
(3) $37,795,000 is available only for the Mark 92 fire control 
system; 
(4) $30,000,000 is available only for advanced submarine tech-
nology initiatives to enhance the effectiveness of the Navy new 
design attack submarine designated SSN-X and subsequent 
submarines; 
(5) $42,422,000 is available only for continued development of 
the low cost anti-radiation guidance and control system for the 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2509 
High-Speed Anti-Radiation Missile (HARM) and other delivery 
vehicles* 
(6) $6,000,000 is available only for the development of the 
rotary engine for Army, Navy, and Marine Corps applications; 
(7) $26,603,000 is available only for the development of the 
Vertical Launch Anti-Submarine Rocket system; and 
(8) $2,500,000 is available only for the development of the 
Submarine Laser Communication System. 
O
t
)
) Of the amount authorized in section 201 for the Navy, not more 
than $100,000,000 may be obligated or expended for research and 
development of the new design submarine and its associated pro-
grams and projects unless and until the Secretary of the Navy 
provides to the Committees on Armed Services of the Senate and 
House of Representatives written certification that, based on cur-
rent national intelligence estimates approved by the Director of 
Central Intelligence, the new design attack submarine will be capa-
ble under operational conditions of engaging the known Soviet 
submarine threat. 
LIMITATIONS ON FUNDS FOR THE AIR FORCE 
SEC. 204. Of the amount authorized in section 201 for the Air 
Force— 
(1) $129,285,000 is available only for development of the C-17 
cargo transport aircraft; 
(2) $2,000,000 is available only to complete test and evaluation 
of the C-5 cargo transport aircraft; and 
(3) $4,000,000 is available only for continued development of 
the low cost anti-radiation guidance and control system for the 
High-Speed Anti-Radiation Missile (HARM) and other delivery 
vehicles. 
POUCY GOVERNING THE TEST OF ANTI-SATELUTE WARHEADS 
SEC. 205. Section 1235 of the Department of Defense Authorization President of U.S. 
Act, 1984 (Public Law 98-94; 97 Stat. 695), is amended to read as lo use 1
3
9 note. 
follows: 
"POUCY GOVERNING THE TEST OP ANTI-SATELLITE WARHEADS 
"SEC. 1235. (a) Notwithstanding any other provision of law, none 
of the funds appropriated pursuant to an authorization contained in 
this or any other Act may be obligated or expended to test against 
an object in space the miniature homing vehicle (MHV) anti-satel-
lite warhead launched from an F-15 aircraft unless the President 
determines and certifies to Congress— 
"(1) that the United States is endeavoring, in good faith, to 
negotiate with the Soviet Union a mutual and verifiable agree-
ment with the strictest possible limitations on anti-satellite 
weapons consistent with the national security interests of the 
United States; 
"(2) that, pending agreement on such strict limitations, test-
ing against objects in space of the F-15 launched miniature 
homing vehicle anti-satellite warhead by the United States is 
necessary to avert clear and irrevocable harm to the national 
security; 
98 STAT. 2510 
PUBLIC LAW 98-525—OCT. 19, 1984 
"(3) that such testing would not constitute an irreversible step 
that would gravely impair prospects for negotiations on anti-
satellite weapons; and 
"(4) that such testing is fully consistent with the rights and 
obligations of the United States under the Anti-Ballistic Missile 
23 UST 3435. 
Treaty of 1972 as those rights and obligations exist at the time 
of such testing. 
Prohibition. 
"(b) During fiscal year 1985, funds appropriated for the purpose of 
testing the F-15 launched miniature homing vehicle anti-satellite 
warhead may not be used to conduct more than two successful tests 
of that warhead against objects in space. 
"(c) The limitation on the expenditure of funds provided by 
subsection (a) shall cease to apply 15 calendar days after the date of 
the receipt by Congress of the certification referred to in subsection 
(a).". 
UMITATION ON FUNDS FOR THE DEFENSE AGENCIES 
SEC. 206. Of the amount authorized in section 201 for the Defense 
Agencies— 
(1) $35,000,000 is available only for the Strategic Laser Com-
munication Technology program; and 
(2) $10,000,000 is available only for the application of free 
electron laser technology for medical research. 
IMPLEMENTATION OF LAW TO ESTABUSH INDEPENDENT DIRECTOR OF 
OPERATIONAL TEST AND EVALUATION 
SEC. 207. Of the amount appropriated for the activities of the 
Director of Test and Evaluation of the Department of Defense 
pursuant to the authorization of appropriations in section 201 (in-
cluding activities relating to foreign weapons evaluation), not more 
than $20,000,000 may be obligated or expended until— 
(1) the President appoints, by and with the advice and consent 
of the Senate, an individual to be the Director of Operational 
Test and Evaluation of the Department of Defense; and 
(2) the Secretary of Defense establishes within the Depart-
ment of Defense the organizational structure for the Office of 
the Director of Operational Test and Evaluation, as provided for 
97 Stat. 684. 
Under section 136a of title 10, United States Code. 
TITLE III—OPERATION AND MAINTENANCE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. (a) ARMY.—Funds are hereby authorized to be appropri-
ated for fiscal year 1985 in the total amount of $18,626,623,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Army as follows: 
(1) For general purpose forces, $6,531,066,000. 
(2) For intelligence and communications, $1,189,739,000. 
(3) For central supply and maintenance, $5,350,590,000. 
(4) For training, medical, and other general personnel activi-
ties, $4,149,964,000. 
(5) For administration, $1,212,090,000. 
(6) For support of other nations, $193,174,000. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2511 
(b) NAVY.—Funds are hereby authorized to be appropriated for 
fiscal year 1985 in the total amount of $25,449,923,000 for expenses, 
not otherwise provided for, for the operation and maintenance of the 
Navy and the Marine Corps as follows: 
(1) For strategic forces, $2,257,821,000. 
(2) For general purpose forces, $12,062,668,000. 
(3) For intelligence and communications, $1,122,038,000. 
(4) For airlift and sealift, $561,526,000. 
(5) For central supply and maintenance, $6,397,666,000. 
(6) For training, medical, and other general personnel activi-
ties, $2,356,457,000. 
(7) For administration, $689,235,000. 
(8) For support of other nations, $2,512,000. 
(c) MARINE CORPS.—Funds are hereby authorized to be appropri-
ated for fiscal year 1985 in the total amount of $1,648,169,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Marine Corps as follows: 
(1) For general purpose forces, $904,152,000. 
(2) For central supply and maintenance, $395,425,000. 
(3) For training, medical, and other general personnel activi-
ties, $238,574,000. 
(4) For administration, $110,018,000. 
(d) AIR FORCE.—Funds are hereby authorized to be appropriated 
for fiscal year 1985 in the total amount of $19,528,869,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Air Force as follows: 
(1) For strategic forces, $3,175,540,000. 
(2) For general purpose forces, $4,021,426,000. 
(3) For intelligence and communications, $2,155,522,000. 
(4) For airlift and sealift, $1,267,807,000. 
(5) For central supply and maintenance, $6,299,250,000. 
(6) For training, medical, and other general personnel activi-
ties, $2,042,959,000. 
(7) For administration, $558,323,000. 
(8) For support of other nations, $8,042,000. 
(e) DEFENSE AGENCIES.—Funds are hereby authorized to be appro-
priated for fiscal year 1985 in the total amount of $7,127,752,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of activities and agencies of the Department of Defense (other 
than the military departments) as follows: 
(1) For general purpose forces, $324,227,000. 
(2) For intelligence and communications, $2,530,570,000. 
(3) For central supply and maintenance, $1,644,460,000. 
(4) For training, medical, and other general personnel activi-
ties, $2,163,411,000. 
(5) For administration, $465,084,000. 
(f) ARMY RESERVE.—Funds are hereby authorized to be appropri-
ated for fiscal year 1985 in the total amount of $724,900,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Army Reserve as follows: 
(1) For mission forces, $408,274,000. 
(2) For depot maintenance, $8,656,000. 
(3) For other support, $307,970,000. 
(g) NAVAL RESERVE.—Funds are hereby authorized to be appropri-
ated for fiscal year 1985 in the total amount of $833,681,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Naval Reserve as follows: 
98 STAT. 2512 
PUBLIC LAW 98-525—OCT. 19, 1984 
(1) For mission forces, $480,651,000. 
(2) For depot maintenance, $149,426,000. 
(3) For other support, $203,604,000. 
(h) MARINE CORPS RESERVE.—Funds are hereby authorized to be 
appropriated for fiscal year 1985 in the total amount of $58,642,000 
for expenses, not otherwise provided for, for the operation and 
maintenance of the Marine Corps Reserve as follows: 
(1) For mission forces, $29,106,000. 
(2) For depot maintenance, $1,665,000. 
(3) For other support, $27,871,000. 
(i) AIR FORCE RESERVE.—Funds are hereby authorized to be appro-
priated for fiscal year 1985 in the total amount of $872,661,000 for 
expenses, not otherwise provided for, for the operation and mainte-
nance of the Air Force Reserve as follows: 
(1) For mission forces, $569,230,000. 
(2) For depot maintenance, $154,212,000. 
(3) For other support, $149,219,000. 
0") ARMY NATIONAL GUARD.—Funds are hereby authorized to be 
appropriated 
for fiscal year 
1985 in the total amount of 
$1,437,743,000 for expenses, not otherwise provided for, for the 
operation and maintenance of the Army National Guard as follows: 
(1) For training operations, $228,535,000. 
(2) For logistic support, $1,080,770,000. 
(3) For headquarters and command support, $117,429,000. 
(4) For medical support, $11,009,000. 
(k) AIR NATIONAL GUARD.—Funds are hereby authorized to be 
appropriated 
for fiscal year 
1985 in the total amount of 
$1,814,248,000 for expenses, not otherwise provided for, for the 
operation and maintenance of the Air National Guard as follows: 
(1) For mission forces, $1,339,637,000. 
(2) For depot maintenance, $350,793,000. 
(3) For other support, $123,818,000. 
(1) NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, 
ARMY.—There is hereby authorized to be appropriated for fiscal 
year 1985 the total amount of $914,000 for expenses of the Secretary 
of the Army, upon the recommendation of the National Board for 
the Promotion of Rifle Practice, under section 4308 of title 10, 
United States Code, and the expenses of the Secretary of the Army 
under sections 4309 and 4313 of such title. 
(m) CLAIMS, DEFENSE.—There is hereby authorized to be appropri-
ated for fiscal year 1985 the total amount of $157,900,000 for pay-
ment, not otherwise provided for, of claims authorized by law to be 
paid by the Department of Defense (except for civil functions). 
(n) COURT OF MILITARY APPEALS, DEFENSE.—There is hereby 
authorized to be appropriated for fiscal year 1985 the amount of 
$3,416,000 for salaries and expenses for the United States Court of 
Military Appeals. 
GENERAL AUTHORIZATION OF APPROPRIATIONS FOR PAY RAISES, FUEL 
COSTS, AND INFLATION ADJUSTMENTS 
SEC. 302. There are authorized to be appropriated for fiscal year 
1985, in addition to the amounts authorized to be appropriated in 
section 301, such sums as may be necessary— 
(1) for increases in salary, pay, retirement, and other em-
ployee benefits authorized by law for civilian employees of the 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2513 
Department of Defense whose compensation is provided for by 
funds authorized to be appropriated in section 301; 
(2) for unbudgeted increases in fuel costs; and 
(3) for increases as the result of inflation in the cost of 
activities authorized by section 301. 
AUTHORIZATION OF APPROPRIATIONS FOR WORKING-CAPITAL FUNDS 
SEC. 303. Funds are hereby authorized to be appropriated for fiscal 
year 1985 to provide capital for working-capital funds of the Depart-
ment of Defense in amounts as follows: 
For the Army Stock Fund, $366,448,000. 
For the Navy Stock Fund, $473,007,000. 
For the Marine Corps Stock Fund, $34,908,000. 
For the Air Force Stock Fund, $631,793,000. 
For the Defense Stock Fund, $130,700,000. 
CONTINGENCY FUNDS FOR THE UNIFIED AND SPECIFIED COMMANDS 
SEC. 304. The Secretary of Defense may make available to the 
Joint Chiefs of Staff, out of any funds appropriated pursuant to the 
authorizations contained in section 301 for the Army, Navy, Marine 
Corps, and Air Force, such sums as may be necessary to meet 
unforeseen and contingent requirements of the unified and specified 
commands of the Armed Forces. 
SALE OF ARTICLES M A N U F A C T U R E D BY CERTAIN ARSENALS; ASSET 
CAPITAUZATION PROGRAM 
SEC. 305. Section 2208 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (i) as subsection (k); and 
(2) by inserting after subsection (h) the following new subsec-
tions: 
"(i)(l) Regulations under subsection (h) may authorize an article 
manufactured by a working-capital funded Department of the Army 
arsenal that manufactures large caliber cannons, gun mounts, or 
recoil mechanisms to be sold to a person outside the Department of 
Defense if— 
"(A) the article is sold to a United States manufacturer, 
assembler, or developer (i) for use in developing new products, 
or (ii) for incorporation into items to be sold to, or to be used in a 
contract with, an agency of the United States or a friendly 
foreign government; 
"(B) the purchaser is determined by the Department of 
Defense to be qualified to carry out the proposed work involving 
the article to be purchased; 
"(C) the article is not readily available from a commercial 
source in the United States; and 
"(D) the sale is to be made on a basis that does not interfere 
with performance of work by the arsenal for the Department of 
Defense or for a contractor of the Department of Defense. 
"(2) Services related to an article sold under this subsection may 
also be sold to the purchaser if the services are to be performed in 
the United States for the purchaser. 
"(3) Nothing in this subsection shall be construed to affect the 
application of the export controls provided for in section 38 of the 
98 STAT. 2514 
PUBLIC LAW 98-525—OCT. 19, 1984 
22 use 2778. 
Arms Export Control Act to items which incorporate or are pro-
duced through the use of an article sold under this subsection, 
"(j) The Secretary of Defense shall provide that of the total 
amount of payments received in a fiscal year by funds established 
under this section for industrial-type activities, not less than 3 
percent during fiscal year 1985, not less than 4 percent during fiscal 
year 1986, and not less than 5 percent during fiscal year 1987 shall 
be used for the acquisition of capital equipment for such activities.". 
ADMINISTRATIVE TRANSITION PROVISION FOR NAVY STOCK FUND 
MANAGEMENT CHANGE 
SEC. 306. (a) In the management of the Navy Stock Fund estab-
lished under section 2208 of title 10, United States Code, the Secre-
tary of the Navy may provide for a withdrawal credit to be made by 
the stock fund to the current applicable appropriation accounts of 
an activity of the Navy in connection with the acquisition by that 
activity from the stock fund of supplies described in subsection (b). 
The amount of any such credit shall be the amount of the charge of 
the stock fund to the activity for the supplies. 
(b) Subsection (a) applies in the case of the acquisition by an 
activity of the Navy from the Navy Stock Fund of supplies— 
(1) that are aircraft components (or that are used in connec-
tion with aviation activities) that are repairable only at a repair 
depot; and 
(2) that are capitalized into the Navy Stock Fund as a result of 
the management change effective on April 1, 1985, relating to 
depot-level repairable assets and that are charged to an activity 
of the Navy that is a customer of the Navy Stock Fund. 
(c) A withdrawal credit may be made under this section without 
regard to the last sentence of section 2208(g) of title 10, United 
States Code. 
Defense and 
national 
security. 
10 u s e 2304 
note. 
Waiver. 
Regulations. 
UMITATION ON CONTRACTING-OUT CORE LOGISTICS FUNCTIONS 
SEC. 307. (a)(1) It is essential for the national defense that Depart-
ment of Defense activities maintain a logistics capability (including 
personnel, equipment, and facilities) to ensure a ready and con-
trolled source of technical competence and resources necessary to 
ensure effective and timely response to a mobilization, national 
defense contingency situations, and other emergency requirements. 
(2) The Secretary of Defense shall identify those logistics activities 
that are necessary to maintain the logistics capability described in 
paragraph (1). 
0
1
)
X
1
) Except as provided in paragraph (2), performance of a logis-
tics activity identified by the Secretary under subsection (aX2) may 
not be contracted for performance by non-Government personnel 
under the procedures and requirements of Office of Management 
and Budget Circular A-76 or any successor administrative regula-
tion or policy (hereinafter in this section referred to as "0MB 
Circular A-76"). 
(2) The Secretary of Defense may waive paragraph (1) in the case 
of any logistics activity and provide that performance of such ac-
tivity shall be considered for conversion to contractor performance 
in accordance with 0MB Circular A-76. Any such waiver shall be 
made under regulations prescribed by the Secretary and shall be 
based on a determination by the Secretary that Government per-
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2515 
formance of the activity is no longer required for national defense 
reasons. Such regulations shall include criteria for determining 
whether Government performance of a logistics activity identified 
under subsection (a)(2) is no longer required for national defense 
reasons. 
(3) A waiver under paragraph (2) may not take effect until— 
Report. 
(A) the Secretary has submitted a report on the waiver to the 
Committees on Armed Services of the Senate and House of 
Representatives; and 
(B) a period of 20 days of continuous session of Congress or 40 
calendar days has passed after the receipt of the report by those 
committees. 
(4) For purposes of paragraph (3)(B), the continuity of a session of 
Congress is broken only by an adjournment sine die, and the days on 
which either House is not in session because of an adjournment of 
more than three days to a day certain are excluded in the computa-
tion of such 30-day period. 
(c) Identification of logistics activities that are necessary to main- 
Report. 
tain the logistics capability described in subsection (aXD shall be 
completed, and a report describing those activities (including a 
detailed specification or listing) shall be submitted to the Commit-
tees on Armed Services of the Senate and House of Representatives, 
not later than April 1,1985. 
UMITATION ON CONSULTING AND RELATED SERVICES 
SEC. 308. Of the funds appropriated to or for the use of the 
Department of Defense for fiscal year 1985 pursuant to an authori-
zation contained in this Act or any other law, not more than 
$1,302,599,000 may be obligated or expended for consultants, studies 
and analyses, management support contracts, and contract systems 
and technical engineering. 
RESTRICTION ON REDUCTION IN PORTS OF ORIGIN FOR CERTAIN CARGO 
CARRIED ON VESSELS OF THE MIUTARY SEAUFT COMMAND 
SEC. 309. (a)(1) Except as provided in subsection (b), funds appro-
priated to the Department of Defense pursuant to an authorization 
of appropriations in this Act may not be used to carry out a 
permanent consolidation or reduction, to a number less than the 
base number, in the number of ports at which cargo shipments 
originate that— 
(A) are shipments of breakbulk cargo; 
(B) are carried through the Panama Canal on vessels operated 
by or for the Military Sealift Command; and 
(C) have a destination at a port on the Pacific Ocean outside 
the continental United States. 
(2) For the purposes of paragraph (1), the base number is the 
number of ports which were being used to originate cargo shipments 
described in paragraph (1) as of January 1,1984. 
(b) The limitation in subsection (a) shall cease to apply with 
respect to a proposed consolidation or reduction 30 days after the 
date on which Congress receives a report from the Secretary of 
Defense describing the proposed consolidation or reduction, but not 
before February 1,1985. 
Expiration 
date. 
98 STAT. 2516 
PUBLIC LAW 98-525—OCT. 19, 1984 
50 u s e 1541 
note. 
President of U.S. 
El Salvador. 
50 u s e 1541 
note. 
97 Stat. 629. 
SENSE OF CONGRESS CONCERNING INTRODUCTION OF UNITED STATES 
ARMED FORCES INTO CENTRAL AMERICA FOR COMBAT 
SEC. 310. (a) The Congress makes the following findings: 
(1) The President has stated that there is no need to introduce 
United States Armed Forces into Central America for combat 
and that he has no intention of doing so. 
(2) The President of El Salvador has stated that there is no 
need for United States Armed Forces to conduct combat oper-
ations in El Salvador and that he has no intention of asking 
that they do so. 
(3) The possibility of the introduction of United States Armed 
Forces into Central America for combat raises very grave con-
cern in the Congress and the American people. 
(b) It is the sense of Congress that— 
(1) United States Armed Forces should not be introduced into 
or over the countries of Central America for combat; and 
(2) if circumstances change from those present on the date of 
the enactment of this Act and the President believes that those 
changed circumstances require the introduction of United 
States Armed Forces into or over a country of Central America 
for combat, the President should consult with Congress before 
any decision to so introduce United States Armed Forces and 
any such introduction of United States Armed Forces must 
comply with the War Powers Resolution. 
TITLE IV—PERSONNEL AUTHORIZATIONS 
PART A—ACTIVE FORCES 
AUTHORIZATION OF END STRENGTHS 
SEC. 401. The Armed Forces are authorized strengths for active 
duty personnel as of September 30,1985, as follows: 
(1) The Army, 780,800. 
(2) The Navy, 571,300. 
(3) The Marine Corps, 198,300. 
(4) The Air Force, 602,070. 
EXTENSION OF QUAUTY CONTROL ON ENUSTMENTS INTO THE ARMY 
SEC. 402. Effective on October 1,1984, section 302(a) of the Depart-
ment of Defense Authorization Act, 1981 (10 U.S.C. 520 note), is 
amended by striking out "October 1, 1983" and "September 30, 
1984" and inserting in lieu thereof "October 1, 1984" and "Septem-
ber 30,1985", respectively. 
PART B—RESERVE FORCES 
AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE 
10 use 261 note. 
SEC. 411. (a) For fiscal year 1985 the Selected Reserve of the 
reserve components of the Armed Forces shall be programed to 
attain average strengths of not less than the following: 
(1) The Army National Guard of the United States, 435,117. 
(2) The Army Reserve, 284,073. 
(3) The Naval Reserve, 124,100. 
(4) The Marine Corps Reserve, 44,300. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2517 
(5) The Air National Guard of the United States, 105,438. 
(6) The Air Force Reserve, 72,900. 
(7) The Coast Guard Reserve, 12,500. 
(b) The average strength prescribed by subsection (a) for the 
Selected Reserve of any reserve component shall be proportionately 
reduced by (1) the total authorized strength of units organized to 
serve as units of the Selected Reserve of such component which are 
on active duty (other than for training) at any time during the fiscal 
year, and (2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such compo-
nent who are on active duty (other than for training or for unsatis-
factory participation in training) without their consent at any time 
during the fiscal year. Whenever such units or such individual 
members are released from active duty during any fiscal year, the 
average strength prescribed for such fiscal year for the Selected 
Reserve of such reserve component shall be proportionately in-
creased by the total authorized strength of such units and by the 
total number of such individual members. 
(c) The Secretary of the Air Force shall use the personnel strength 
for the Air National Guard of the United States authorized by 
subsection (a) to establish and maintain in the Air National Guard 
of the United States during fiscal year 1985 not less than 91 flying 
units. 
AUTHORIZATION OF END STRENGTHS FOR MEMBERS ON ACTIVE DUTY IN 
SUPPORT OF THE RESERVE COMPONENTS 
SEC. 412. (a) Within the average strengths prescribed in section 
411, the reserve components of the Armed Forces and the National 
Guard are authorized, as of September 30, 1985, the following 
number of Reserves to be serving on full-time active duty or, in the 
case of members of the National Guard, full-time National Guard 
duty for the purpose of organizing, administering, recruiting, in-
structing, or training the reserve components or the National 
Guard: 
(1) The Army National Guard and the Army National Guard 
of the United States, 20,583. 
(2) The Army Reserve, 10,700. 
(3) The Naval Reserve, 15,210. 
(4) The Marine Corps Reserve, 1,129. 
(5) The Air National Guard and the Air National Guard of the 
United States, 7,024. 
(6) The Air Force Reserve, 623. 
(b) Upon a determination by the Secretary of Defense that such 
action is in the national interest, the end strengths prescribed by 
subsection (a) may be increased by a total of not more than the 
number equal to 2 percent of the total end strengths prescribed. 
INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON 
ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS 
SEC. 413. (a) The table in section 517(b) of title 10, United States 
Code, is amended to read as follows: 
98 STAT. 2518 
PUBLIC LAW 98-525—OCT. 19, 1984 
"Grade 
E-9 
E-8 
Army 
517 
2,295 
Navy 
156 
381 
Air 
Force 
87 
455 
Marine 
Corps 
9 
74". 
10 use 524. 
(b) The table in section 524(a) of such title is amended to read as 
follows: 
"Grade 
Major or lieutenant commander... 
Lieutenant colonel or commander 
Colonel or Navy captain 
Army 
2,261 
1,121 
345 
Navy 
823 
520 
177 
Air 
Force 
471 
293 
172 
Marine 
Corps 
100 
50 
25' 
Effective date. 
10 u s e 517 note. 
(c) The amendments made by subsections (a) and (b) shall take 
effect on October 1,1984. 
10 u s e 517. 
10 u s e 523. 
10 u s e 524. 
CLARIFICATION OF STATUS OF MEMBERS OF THE NATIONAL GUARD 
PERFORMING FULL-TIME DUTY 
SEC. 414. (aXD Section 101 of title 10, United States Code, is 
amended— 
(A) by adding at the end of paragraph (22) the following new 
sentence: "It does not include full-time National Guard duty."; 
(B) by inserting "or full-time National Guard duty" after 
"active duty" in paragraph (24); and 
(C) by adding at the end thereof the following new paragraph: 
"(42) 'Full-time National Guard duty' means training or other 
duty, other than inactive duty, performed by a member of the 
Army National Guard of the United States or the Air National 
Guard of the United States in the member's status as a member 
of the National Guard of a State or territory, the Common-
wealth of Puerto Rico, or the District of Columbia under section 
316, 502, 503, 504, or 505 of title 32 for which the member is 
entitled to pay from the United States or for which the member 
has waived pay from the United States.". 
(2) Section 517(b) of such title is amended— 
(A) by inserting "(other than for training) or on full-time 
National Guard duty under the authority of section 502(f) of 
title 32 (other than for training)" after "on active duty"; 
(B) by striking out "of the armed forces" and inserting in lieu 
thereof "or the National Guard"; and 
(C) by striking out "prescribed for the grade and the armed 
force" and inserting in lieu thereof "for that grade and armed 
force". 
(3) Section 523(bXl) of such title is amended— 
(A) by striking out "or section 502 or 503 of title 32" in clause 
(C); 
(B) by striking out "or" at the end of clause (D); 
(C) by striking out the period at the end of clause (E) and 
inserting in lieu thereof "; or"; and 
(D) by adding at the end thereof the following: 
"(F) on full-time National Guard duty.". 
(4XA) Subsection (a) of section 524 of such title is amended— 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2519 
(i) by inserting "or full-time National Guard duty" after 
"active duty" the first place it appears; and 
(ii) by inserting "or full-time National Guard duty (other than 
for training) under section 502(f) of title 32" after '^of this title". 
(B)(i) The heading of such section is amended to read as follows: 
"§ 524. Authorized strengths: reserve officers on active duty or on 
full-time National Guard duty for administration of the 
reserves or the National Guard in grades of major, lieu-
tenant colonel, and colonel and Navy grades of lieuten-
ant commander, commander, and captain". 
(ii) The item relating to such section in the table of sections at the 
beginning of chapter 32 of such title to read as follows: 
"524. Authorized strengths: reserve officers on active duty or on full-time National 
Guard duty for administration of the reserves or the National Guard in 
grades of major, lieutenant colonel, and colonel and Navy grades of lieuten-
ant commander, commander, and captain.". 
(5) Section 641(1) of such title is amended— 
10 USC 641. 
(A) by striking out "or under section 502 or 503 of title 32" in 
clause (C); 
(B) by striking out "or" at the end of clause (E); 
(C) by striking out the period at the end of the clause (F) and 
inserting in lieu thereof "; or"; and 
(D) by adding at the end thereof the following: 
"(G) on full-time National Guard duty.". 
(6) Section 976(a)(1) is amended by striking out "or (B)" and 
10 USC 976. 
inserting in lieu thereof ", (B) a member of the National Guard who 
is serving on full-time National Guard duty, or (C)". 
(7)(A) Section 3686(2) of such title is amended to read as follows: 
10 USC 3686. 
"(2) full-time National Guard duty performed by a member of 
the Army National Guard of the United States shall be deemed 
to be active duty in Federal service as a Reserve of the Army, 
except that for purposes of title 38 such duty shall be considered 
to be active duty for training; and". 
(B) Section 8686(2) of such title is amended to read as follows: 
10 USC 8686. 
"(2) full-time National Guard duty performed by a member of 
the Air National Guard of the United States shall be deemed to 
be active duty in Federal service as a Reserve of the Air Force, 
except that for purposes of title 38 such duty shall be considered 
to be active duty for training; and". 
(b)(1) Section 101 of title 32, United States Code, is amended— 
(A) by adding at the end of paragraph (12) the following new 
sentence: "It does not include full-time National Guard duty."; 
and 
(B) by adding at the end thereof the following new paragraph: 
"(19) 'Full-time National Guard duty' means training or other 
duty, other than inactive duty, performed by a member of the 
Army National Guard of the United States or the Air National 
Guard of the United States in the member's status as a member 
of the National Guard of a State or territory, the Common-
wealth of Puerto Rico, or the District of Columbia under section 
316, 502, 503, 504, or 505 of this title for which the member is 
32 USC 316, 
entitled to pay from the United States or for which the member 
502-505. 
has waived pay from the United States.". 
(2)(A) Section 335 of such title is repealed. 
Repeal. 
(B) The table of sections at the beginning of chapter 3 of such title 
9'^ Stat. 632. 
is amended by striking out the item relating to section 335. 
98 STAT. 2520 
PUBLIC LAW 98-525—OCT. 19, 1984 
(c) Section 101(18) of title 37, United States Code, is amended by 
inserting "full-time National Guard duty," after "annual training 
duty,". 
PART C—MILITARY TRAINING 
AUTHORIZATION OF MILITARY TRAINING STUDENT LOADS 
SEC. 421. (a) For fiscal year 1985, the components of the Armed 
Forces are authorized average military training student loads as 
follows: 
(1) The Army, 76,920. 
(2) The Navy, 69,116. 
(3) The Marine Corps, 21,186. 
(4) The Air Force, 46,592. 
(5) The Army National Guard of the United States, 18,338. 
(6) The Army Reserve, 15,994. 
(7) The Naval Reserve, 3,389. 
(8) The Marine Corps Reserve, 3,941. 
(9) The Air National Guard of the United States, 2,990. 
(10) The Air Force Reserve, 2,099. 
(b) The average military training student loads authorized in 
subsection (a) shall be adjusted consistent with the personnel 
Ante, p. 2516. 
Strengths authorized in parts A and B of this title. Such adjustment 
shall be apportioned among the Army, the Navy, the Marine Corps, 
and the Air Force and the reserve components in such manner as 
the Secretary of Defense shall prescribe. 
REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE IN A UNIT OF 
THE JUNIOR RESERVE OFFICERS' TRAINING CORPS FOR THE UNIT TO 
BE MAINTAINED 
SEC. 422. Section 2031(b) of title 10, United States Code, is 
amended— 
(1) by striking out clause (1) and inserting in lieu thereof the 
following: 
"(1) the number of physically fit students in such unit who are 
at least 14 years of age and are citizens or nationals of the 
United States is not less than (A) 10 percent of the number of 
students enrolled in the institution who are at least 14 years of 
age, or (B) 100, whichever is less;"; 
(2) by striking out "and" at the end of clause (3); 
(3) by striking out the period at the end of clause (4) and 
inserting in lieu thereof "; and "; and 
(4) by adding at the end thereof the following new clause: 
"(5) the unit meets such other requirements as may be estab-
lished by the Secretary of the military department concerned.". 
TITLE V—DEFENSE PERSONNEL MANAGEMENT 
PART A—CIVILIAN PERSONNEL 
WAIVER OF CIVILIAN PERSONNEL CEILINGS FOR FISCAL YEAR 1985 
SEC. 501. (a) The provisions of section 138(c)(2) of title 10, United 
States Code, shall not apply with respect to fiscal year 1985 or with 
respect to the appropriation of funds for that year. 
(b) During fiscal year 1985, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2521 
strength, and the management of such personnel during that fiscal 
year shall not be subject to any constraint or limitation (known as 
an "end-strength") on the number of such personnel who may be 
employed on the last day of such fiscal year. 
(c) Not later than March 1, 1985, the Secretary of Defense and the 
Report. 
Director of the Office of Management and Budget shall each submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report on the experience of the Department of 
Defense during fiscal year 1985 (to the date of the report) concerning 
the management of civilian personnel of the Department without a 
congressionally imposed civilian end strength and with a statutory 
prohibition on the management during that fiscal year of such 
civilian personnel by end strength. Each such report shall include 
the views of the Secretary or Director, as appropriate, with respect 
to the desirability of managing such personnel in such a manner. 
CIVILIAN PERSONNEL CEILINGS ON INDUSTRIALLY-FUNDED ACTIVITIES 
DURING FISCAL YEAR 1984 
SEC. 502. In computing the authorized strength for civilian person-
nel prescribed in section 601(a) of the Department of Defense Au-
thorization Act, 1984 (Public Law 98-94; 97 Stat. 632), any increase 
during fiscal year 1984 in the number of civilian personnel of 
industrially-funded activities of the Department of Defense in excess 
of the number of civilian personnel employed in such activities on 
September 30,1982, shall not be counted. 
PART B—OFFICER PERSONNEL 
TEMPORARY INCREASE IN THE NUMBER OF GENERAL AND FLAG 
OFFICERS AUTHORIZED TO BE ON ACTIVE DUTY 
SEC. 511. (a) During fiscal year 1985, the number of officers of the 
lO use 525 note. 
Air Force authorized under section 525(b)(1) of title 10, United States 
Code, to be serving on active duty in the grade of general is 
increased by one. 
(b) During fiscal year 1985, the number of officers of the Navy 
authorized under section 525(b)(2) of title 10, United States Code, to 
be serving on active duty in a grade above rear admiral is increased 
by three. None of the additional officers in grades above rear 
admiral by reason of this subsection may be in the grade of admiral. 
(c) During fiscal year 1985, the number of officers of the Marine 
Corps authorized under section 525(b)(1) of title 10, United States 
Code, to be serving on active duty in grades above major general is 
increased by one, plus an additional one during any period of that 
fiscal year that an officer of the Marine Corps is serving as the 
Commander-in-Chief of the United States Central Command. An 
additional officer in a grade above major general by reason of this 
subsection may not be in the grade of general. 
AUTHORITY TO CONSIDER FOR PROMOTION CERTAIN ARMY RESERVE 
BRIGADIER GENERALS 
SEC 512. Section 3364(e) of title 10, United States Code, is amend-
ed by adding at the end thereof the following new sentence: "Howev-
er, the Secretary may waive the preceding sentence and any other 
provision of this subtitle relating to the required status of officers 
eligible to be considered for promotion in order to permit consider-
98 STAT. 2522 
PUBLIC LAW 98-525—OCT. 19, 1984 
ation for promotion to the reserve grade of major general of an 
officer in the reserve grade of brigadier general— 
"(1) who is in an inactive status pursuant to a transfer to the 
10 use 3375. 
inactive status list under section 3375(2) of this title and who 
has been on that list for less than one year; or 
"(2) who has been in an active status for less than one year, if 
the officer was returned to that status from a transfer to the 
inactive status list under section 3375(2) of this title.". 
AUTHORITY TO RETAIN IN ACTIVE STATUS UNTIL AGE 60 UP TO 10 ARMY 
RESERVE BRIGADIER GENERALS 
SEC. 513. Section 3851 of title 10, United States Code, is amended— 
(1) by redesignating subsection (c) as subsection (d) and by 
striking out "of this section" in such subsection; and 
(2) by inserting after subsection (b) the following new 
subsection: 
"(c) Notwithstanding subsections (a) and (b), the Secretary of the 
Army may authorize the retention in an active status until age 60 of 
an officer in the reserve grade of brigadier general who would 
otherwise be removed from an active status under this section, 
except that not more than 10 officers may be retained under this 
subsection at any time.". 
EXTENSION OF AUTHORITY FOR THE TEMPORARY PROMOTION OP 
CERTAIN NAVY LIEUTENANTS 
97 Stat. 629. 
SEC. 514. Section 5721(f) of title 10, United States Code, is amended 
by striking out "September 30, 1984" and inserting in lieu thereof 
"September 30,1986". 
REPEAL OF FOUR-YEAR UMITATION ON PERIOD AN OFFICER MAY BE 
ASSIGNED TO THE ARMY STAFF OR THE AIR STAFF 
Effective date. 
SEC. 515. Effective on October 1,1984, sections 3031(d) and 8031(d) 
of title 10, United States Code, are repealed. 
PART C—AMENDMENTS TO PROVISIONS OF LAW ENACTED BY THE 
DEFENSE OFFICER PERSONNEL MANAGEMENT ACT 
RETENTION IN GRADE OF OFFICERS APPOINTED IN RESERVES UPON 
SEPARATING FROM ACTIVE DUTY 
97 Stat. 666. 
SEC. 521. (a) Section 3359 of title 10, United States Code, is 
amended— 
(1) by striking out "subsection (b)" in subsection (a) and 
inserting "subsections (b) and (c)"; and 
(2) by adding at the end thereof the following new subsection: 
"(c) Under regulations prescribed by the Secretary concerned, a 
person who is originally appointed as a reserve officer of the Army 
and who is a former commissioned officer may be appointed in the 
reserve grade equivalent to the grade held by that person when 
discharged or separated and may be credited with time in that grade 
for promotion purposes equal to the time in grade held by that 
person when discharged or separated.". 
97 Stat. 666. 
(b) Section 8359 of such title is amended— 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2523 
(1) by striking out "subsection (b)" in subsection (a) and 
inserting "subsections (b) and (c)"; and 
(2) by adding at the end thereof the following new subsection: 
"(c) Under regulations prescribed by the Secretary concerned, a 
person who is originally appointed as a reserve officer of the Air 
Force and who is a former commissioned officer may be appointed in 
the reserve grade equivalent to the grade held by that person when 
discharged or separated and may be credited with time in that grade 
for promotion purposes equal to the time in grade held by that 
person when discharged or separated.". 
(cXD Under regulations prescribed by the Secretary of the mili- lo use 3559 
tary department concerned, a reserve officer of the Army or Air note. 
Force originally appointed after September 14,1981, who at the time 
of that appointment was a former commissioned officer and who was 
appointed in a reserve grade lower than the grade held by that 
person when discharged may be appointed in the reserve grade 
equivalent to the officer's former grade. 
(2) An original reserve appointment in the Army or the Air Force 
of a person who (at the time of the appointment) was a former 
commissioned officer which (A) was made during the period begin-
ning on September 15, 1981, and ending on the day before the date 
of the enactment of this Act, and (B) was made in a grade formerly 
held by that person shall be considered to have been a valid appoint-
ment at the time made, and any officer who received such an 
appointment is entitled to all the rights, privileges, and benefits of 
the grade to which appointed as of the original date of that 
appointment. 
INCREASE IN UMITATION ON NUMBER OF REGULAR OFFICERS IN THE 
NAVY, AIR FORCE, AND MARINE CORPS 
SEC. 522. Section 522 of title 10, United States Code, is amended by 
striking out "48,000", "69,425", and "13,000" and inserting in lieu 
thereof "55,000", "80,000", and "17,000", respectively. 
CLARIFICATION OF SENIOR GENERAL AND FLAG OFFICERS 
CONTINUATION IN GRADE DURING A CHANGE IN STATUS 
SEC. 523. Section 601(b) of title 10, United States Code, is amended 
to read as follows: 
"(b) An officer who is appointed to the grade of general, admiral, 
lieutenant general, or vice admiral for service in a position of 
importance and responsibility designated to carry that grade shall 
continue to hold that grade— 
"(1) while serving in that position of importance and responsi-
bility; 
"(2) while under orders transferring him to another position 
designating to carry one of those grades, beginning on the day 
his assignment to the first position is terminated and ending on 
the day before the day on which he assumes the second position; 
"(3) while hospitalized, beginning on the day of the hospitali-
zation and ending on the day he is discharged from the hospital, 
but not for more than 180 days; and 
"(4) while awaiting retirement, beginning on the day he is 
relieved from the position designated to carry one of those 
grades and ending on the day before his retirement, but not for 
more than 90 days.". 
98 STAT. 2524 
PUBLIC LAW 98-525—OCT. 19, 1984 
10 use 1181. 
Regulations. 
Effective date. 
10 use 1181 
note. 
Supra. 
AUTHORITY TO USE MEANS OTHER THAN BOARDS TO DECIDE WHETHER 
AN OFFICER SHOULD BE REQUIRED TO SHOW CAUSE FOR RETENTION 
SEC. 524. (a) Section 618(b)(2) of title 10, United States Code, is 
amended to read as follows: 
"(2) If the report of a selection board names an officer as having a 
record which indicates that the officer should be required to show 
cause for his retention on active duty, the Secretary concerned may 
provide for the review of the record of that officer as provided for 
under regulations prescribed under section 1181 of this title.". 
(b)(1) Section 1181 of such title is amended to read as follows: 
"§118L Authority to establish procedures to consider the separa-
tion of officers for substandard performance of duty 
and for certain other reasons 
"(a) Subject to such limitations as the Secretary of Defense may 
prescribe, the Secretary of the military department concerned shall 
prescribe, by regulation, procedures for the review at any time of 
the record of any commissioned officer (other than a commissioned 
warrant officer or a retired officer) of the Regular Army, Regular 
Navy, Regular Air Force, or Regular Marine Corps to determine 
whether such officer shall be required, because his performance of 
duty has fallen below standards prescribed by the Secretary of 
Defense, to show cause for his retention on active duty. 
"(b) Subject to such limitations as the Secretary of Defense may 
prescribe, the Secretary of the military department concerned shall 
prescribe, by regulation, procedures for the review at any time of 
the record of any commissioned officer (other than a commissioned 
warrant officer or a retired officer) of the Regular Army, Regular 
Navy, Regular Air Force, or Regular Marine Corps to determine 
whether such officer should be required, because of misconduct, 
because of moral or professional dereliction, or because his retention 
is not clearly consistent with the interests of national security, to 
show cause for his retention on active duty.". 
(2) The item relating to section 1181 in the table of sections at the 
beginning of chapter 60 of such title is amended to read as follows: 
"1181. Authority to establish procedures to consider the separation of officers for 
substandard performance of duty and for certain other reasons.". 
(3) The amendments made by paragraphs (1) and (2) shall take 
effect on the first day of the first month that begins more than 60 
days after the date of the enactment of this Act, but shall not apply 
to any case in which, before that date, a board of officers has been 
ordered to convene under the provisions of section 1181 of title 10, 
United States Code, as in effect before that date. 
REMOVAL FROM FURTHER CONSIDERATION FOR PROMOTION OF OFFICERS 
IN PAY GRADE 0-2 WHO HAVE TWICE FAILED OF SELECTION FOR PRO-
MOTION 
SEC. 525. (a) Subsection (b) of section 619 of title 10, United States 
Code, is amended— 
(1) by striking out "An officer" and inserting in lieu thereof 
"(1) Except as provided in paragraph (2), an officer"; and 
(2) by adding at the end thereof the following new paragraph: 
"(2) Paragraph (1) does not apply to a regular officer who is 
ineligible for consideration for promotion under section 631(c) of this 
title or to a reserve officer who has failed of selection for promotion 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2525 
to the grade of captain or, in the case of an officer of the Navy, 
lieutenant for the second time.". 
(b) Subsection (c)(2) of such section is amended— 
(1) by striking out "and" at the end of clause (B); 
(2) by striking out the period at the end of clause (C) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new clause: 
"(D) may, by regulation, preclude from consideration by a 
selection board by which he would otherwise be eligible to be 
considered, an officer who has an established separation date 
that is within 90 days after the date the board is convened.". 
(c) Section 631 of such title is amended by adding at the end 
lO use 631. 
thereof the following new subsection: 
"(c) An officer who is subject to discharge under subsection (a)(1) is 
not eligible for further consideration for promotion.". 
DETERMINATION OF DATE OF RANK FOR OFFICERS WHOSE PROMOTIONS 
ARE DELAYED ADMINISTRATIVELY 
SEC. 526. Paragraphs (1) and (2) of section 624(d) of title 10, United 
States Code, are each amended by striking out the period at the end 
and inserting in lieu thereof 
, unless the Secretary concerned 
determines that the officer was unqualified for promotion for any 
part of the delay. If the Secretary makes such a determination, the 
Secretary may adjust such date of rank, effective date of pay and 
allowances, and position on the active-duty list as the Secretary 
considers appropriate under the circumstances.". 
SPECIAL SELECTION BOARDS FOR WARRANT OFFICERS 
SEC. 527. (a) Subsections (a)(1) and (b)(1) of section 628 of title 10, 
United States Code, are amended by striking out "(composed in 
accordance with section 612 of this title)" and inserting in lieu 
thereof "(composed in accordance with section 612 of this title or, in 
the case of a warrant officer, composed in accordance with section 
558 of this title and regulations prescribed by the Secretary of the 
military department concerned)". 
(b) Section 641 of such title is amended by striking out "(other 
10 use 641. 
than section 640)" and inserting in lieu thereof "(other than section 
640 and, in the case of warrant officers, section 628)". 
AUTHORITY TO DISCHARGE RESERVE SECOND LIEUTENANTS AND 
ENSIGNS FOUND NOT QUALIFIED FOR PROMOTION 
SEC. 528. (a) Section 1005 of title 10, United States Code, is 
amended— 
(1) by striking out "A reserve commissioned officer, other 
than a commissioned warrant officer," and inserting in lieu 
thereof "(a) Except as provided in subsection (b), a reserve 
commissioned officer"; 
(2) by striking out the comma after "any other provision of 
law"; and 
(3) by adding at the end thereof the following new subsection: 
"(b) Subsection (a) does not prevent the discharge or transfer from 
an active status of— 
"(Da commissioned warrant officer; or 
"(2) an officer on the active-duty list who is found not quali-
fied for promotion to the grade of first lieutenant, in the case of 
98 STAT. 2526 
PUBLIC LAW 98-525—OCT. 19, 1984 
an officer of the Army, Air Force, or Marine Corps, or lieuten-
ant (juiiio'* grade), in the case of an officer of the Navy.". 
10 use 3819. 
(b) Section 3819 of such title is amended— 
(1) by inserting "(a)" before "Except as provided"; 
(2) by inserting "and not on the active-duty list" after "in an 
active status"; and 
(3) by adding at the end thereof the following new subsection: 
"(b) Except as provided by section 1006 of this title, each second 
lieutenant of the Army Reserve who is on the active-duty list of the 
Army and is found not qualified for promotion to the reserve grade 
of first lieutenant shall be discharged from his reserve appointment 
not later than the end of the 18-month period beginning on the date 
on which he is first found not qualified for promotion to that grade, 
unless he is promoted to that grade before the end of that period.". 
10 use 6389. 
(c) Section 6389 of such title is amended by adding at the end 
thereof the following new subsection: 
"(g) An officer in an active status in the Naval Reserve in the 
permanent grade of ensign who is found not qualified for promotion 
to the grade of lieutenant (junior grade), and an officer in an active 
status in the Marine Corps Reserve in the permanent grade of 
second lieutenant who is found not qualified for promotion to the 
grade of first lieutenant, may (unless he is sooner promoted) be 
eliminated from an active status.". 
10 use 8819. 
(d) Section 8819 of such title is amended by adding at the end 
thereof the following new subsection: 
"(c) Except as provided by section 1006 of this title, each second 
lieutenant of the Air Force Reserve who is on the active-duty list of 
the Air Force and is found not qualified for promotion to the reserve 
grade of first lieutenant shall be discharged from his reserve ap-
pointment not later than the end of the 18-month period beginning 
on the date on which he is first found not qualified for promotion to 
that grade, unless he is promoted to that grade before the end of 
that period.". 
NAVY LIMITED DUTY OFFICERS 
SEC. 529. (a) Section 619(d)(2) of title 10, United States Code, is 
amended by striking out "Navy or" and "lieutenant commander or". 
10 use 633. 
(b) Section 633 of such title is amended by striking out "Except an 
officer of the Navy and Marine Corps who is an officer designated 
for limited duty (to whom section 5596(e) or 6383 of this title 
applies)" and inserting in lieu thereof "Except an officer of the Navy 
designated for limited duty to whom section 5596(e) of this title 
applies and an officer of the Marine Corps designated for limited 
duty to whom section 5596(e) or section 6383 of this title applies". 
10 use 6383. 
(c)(1) Subsection (a) of section 6383 of such title is amended by 
striking out "each regular officer of the Navy or Marine Corps" and 
inserting in lieu thereof "each regular officer of the Navy who is an 
officer designated for limited duty and who is serving in a grade 
below the grade of commander and each regular officer of the 
Marine Corps who is an officer". 
(2) Subsection (d) of such section is amended by striking out 
"Each" and inserting in lieu thereof "Except as provided in subsec-
tion (i), each". 
(3) Subsection (i) of such section is amended— 
(A) by inserting "or the discharge under subsection (d)" after 
"the retirement under subsection (a) or (b)"; and 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2527 
(B) by striking out the second sentence and inserting in lieu 
thereof the following: "An officer whose retirement is deferred 
under this subsection and who is not subsequently promoted 
may not be continued on active duty beyond 20 years active 
commissioned service, if in the grade of lieutenant or captain, 
beyond 24 years active commissioned service, if in the grade of 
lieutenant commander or major, or beyond 28 years active 
commissioned service, if in the grade of lieutenant colonel, or 
beyond age 62, whichever is earlier.". 
APPOINTMENT IN PERMANENT GRADE OF CERTAIN UMITED DUTY 
OFFICERS SERVING IN HIGHER TEMPORARY GRADES 
SEC. 530. Section 616 of the Defense Officer Personnel Manage-
ment Act (10 U.S.C. 611 note) is amended by adding at the end 
thereof the following new subsection: 
"(c) An officer of the Navy or Marine Corps who on September 15, 
1981, was an officer designated for limited duty under section 5589 
of title 10, United States Code, and who on the date of the enact-
ment of this subsection is serving in a temporary grade above the 
grade of lieutenant, in the case of an officer of the Navy, or captain, 
in the case of an officer of the Marine Corps, may be reappointed 
under section 5589 of title 10, United States Code (as in effect on or 
after September 15, 1981), in the same permanent grade and with 
the same date of rank held by that officer on the active-duty list 
immediately before such reappointment if he is otherwise eligible 
for appointment under that section.". 
DETERMINATION OF SEVERANCE PAY IN CERTAIN CASES 
SEC. 531. Section 631 of the Defense Officer Personnel Manage-
ment Act (10 U.S.C. 611 note) is amended— 
(1) by striking out "the day before the effective date of this 
Act" each place it appears and inserting in lieu thereof "Sep-
tember 14, 1981,"; 
(2) by striking out "on or" in subsection (a)(2); 
(3) by striking out the period at the end of subsection (a) and 
inserting in lieu thereof ", unless (in the case of a member 
discharged or released on or after the date of the enactment of 
the Department of Defense Authorization Act, 1985) the Secre- 
Ante, p. 2492. 
tary concerned determines that the conditions under which the 
member is discharged or separated do not warrant such pay."; 
(4) by striking out "to whom subsection (a) applies is" in 
subsection (b) and inserting in lieu thereof "who is entitled to 
receive a readjustment payment or severance pay under subsec-
tion (a) is also"; and 
(5) by striking out "a readjustment payment or" in subsection 
O
t
>
) and inserting in lieu thereof "the readjustment payment 
and". 
CONSIDERATION FOR PROMOTION OF CERTAIN RETIRED OFFICERS WHO 
LATER SERVE ON ACTIVE DUTY 
SEC. 532. (a) Title VI of the Defense Officer Personnel Manage-
ment Act (10 U.S.C. 611 note) is amended by adding at the end of 
part C the following new section: 
98 STAT. 2528 
PUBLIC LAW 98-525—OCT. 19, 1984 
"SAVINGS PROVISION FOR PROMOTION CONSIDERATION OF CERTAIN 
RETIRED OFFICERS 
"SEC. 639. Notwithstanding sections 619, 620, and 641(4) of title 10, 
United States Code, a retired officer serving on active duty on the 
date of the enactment of this section who on September 14, 1981, 
was on active duty as a retired officer recalled to active duty and 
who— 
"(1) was eligible for consideration for promotion on that date; 
and 
"(2) has served continuously on active duty since that date, 
may be considered for promotion (under regulations prescribed by 
the Secretary of the military department concerned) by a selection 
board that convenes after the date of the enactment of this section 
as if he had been placed on the active-duty list pursuant to section 
10 use 611 note. 621 of this Act.". 
(b) The table of contents in section 1(b) of such Act is amended by 
inserting after the item relating to section 638 the following new 
item: 
"Sec. 639. Savings provision for promotion consideration of certain retired officers." 
TECHNICAL AMENDMENTS 
SEC. 533. (a) Paragraph (1) of section 645 of title 10, United States 
Code, is amended— 
(1) in subparagraph (A), by inserting "(other than after having 
been placed on that list after a selection from below the promo-
tion zone)" after "to that grade" in clauses (i)(II) and (ii)(II); and 
(2) in subparagraph (B)— 
(A) by inserting "in the promotion zone" after "the junior 
officer'; and 
(B) by striking out "in the promotion zone" after "higher 
grade". 
10 use 680. 
(b) Section 680(b)(3) of such title is amended by inserting ", 
separation pay," after "retired pay". 
10 use 3964, 
(c) Sections 3964 and 8964 of such title are amended by striking 
8964. 
out "temporary". 
10 use 4336. 
(d)(1) Subsections (a) and (b) of section 4336 of such title are 
amended by striking out "when a regular officer" in the second 
sentence and all that follows through "grade of colonel," and insert-
ing in lieu thereof "on which he would have been promoted had he 
been selected for promotion from among officers in the promotion 
zone,". 
10 use 9336. 
(2) Subsections (a) and (b) of section 9336 of such title are amended 
by striking out "when a regular officer" in the second sentence and 
all that follows through "grade of colonel," and inserting in lieu 
thereof "on which he would have been promoted had he been 
selected for promotion from among officers in the promotion zone,". 
10 use 5891. 
(e) Section 5891(c) of such title is amended by striking out "a lineal 
list" both places it appears and inserting in lieu thereof "the active-
duty list". 
Repeal. 
(6(1) Section 6482 of such title is repealed. 
10 use 6482. 
(2) The table of sections at the beginning of chapter 575 of such 
title is amended by striking out the item relating to section 6482. 
(g) Section 404(c)(1)(B) of title 37, United States Code, is amended 
by inserting "separation pay or" before "severance pay" and before 
"readjustment pay". 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2529 
PART D—OFFICER TRAINING PROGRAMS 
CLARIFICATION OF AUTHORITY TO ORDER CERTAIN CADETS AND 
MIDSHIPMEN TO ACTIVE DUTY 
SEC. 541. (a) Section 4348(a) of title 10, United States Code, is 
amended— 
(1) by striking out ", unless sooner separated," in the matter 
preceding clause (1); 
(2) by inserting "unless sooner separated from the Academy," 
in clause (1) before "complete the"; and 
(3) by inserting ", unless sooner separated from the service," 
in clause (2) before "serve" and in clause (3) before "remain". 
(b) Section 6959(a) of such title is amended— 
10 use 6959. 
(1) by striking out ", unless sooner separated," in the matter 
preceding clause (1); 
(2) by inserting "unless sooner separated from the Naval 
Academy," in clause (1) before "complete the"; and 
(3) by inserting ", unless sooner separated from the naval 
service," in clause (2) before "serve" and in clause (3) before 
"remain". 
(c) Section 9348(a) of title 10, United States Code, is amended— 
lO use 9348. 
(1) by striking out ", unless sooner separated," in the matter 
preceding clause (1); 
(2) by inserting "unless sooner separated from the Academy," 
in clause (1) before "complete the"; and 
(3) by inserting ", unless sooner separated from the service," 
in clause (2) before "serve" and in clause (3) before "remain". 
(d) The amendments made by this section shall apply with respect 
Effective date. 
to agreements entered into under section 4348, 6959, or 9348 of title 
l^^Y^^ ^^^^ 
10, United States Code, before, on, or after the date of the enactment 
of this Act. 
note. 
EXTENSION OF MILITARY SERVICE OBUGATION OF SERVICE ACADEMY 
AND ROTC CADETS AND MIDSHIPMEN 
SEC. 542. (a) Section 2107(b)(5) of title 10, United States Code, is 
amended— 
(1) by striking out the semicolon in subclause (A)(i) and 
inserting in lieu thereof "or before such other date, not beyond 
the eighth anniversary of the midshipman's date of rank, that 
the Secretary of Defense may prescribe;"; and 
(2) by striking out "the sixth anniversary" in subclause (C)(ii) 
and inserting in lieu thereof "at least the sixth anniversary and, 
at the discretion of the Secretary of Defense, up to the eighth 
anniversary". 
(b) Section 4348(a)(3) of such title is amended by striking out "the 
lo use 4348. 
sixth anniversary" and inserting in lieu thereof "at least the sixth 
anniversary and, at the direction of the Secretary of Defense, up to 
the eighth anniversary". 
(c) Section 6959(a)(3) of such title is amended by striking out "the 
10 USC 6959. 
sixth anniversary" and inserting in lieu thereof "at least the sixth 
anniversary and, at the direction of the Secretary of Defense, up to 
the eighth anniversary". 
(d) Section 9348(a)(3) of such title is amended by striking out "the 
10 use 9348. 
sixth anniversary" and inserting in lieu thereof "at least the sixth 
98 STAT. 2530 
PUBLIC LAW 98-525—OCT. 19, 1984 
Effective date. 
10 u s e 2104 
note. 
anniversary and, at the direction of the Secretary of Defense, up to 
the eighth anniversary". 
ELIGIBILITY FOR ADVANCED TRAINING IN SENIOR ROTC PROGRAM 
SEC. 543. (a) Section 2104 of title 10, United States Code, is 
amended— 
(1) by striking out ", who have at least two academic years 
remaining at such educational institution" in subsection (a); and 
(2) by striking out subsection (b)(6) and inserting in lieu 
thereof the following: 
"(6) either— 
"(A) complete successfully— 
"(i) the first two years of a four-year Senior Reserve 
Officers' Training Corps course; or 
"(ii) field training or a practice cruise of not less than 
six weeks' duration which is prescribed by the Secre-
tary concerned as a preliminary requirement for ad-
mission to the advanced course; or 
"(B) at the discretion of the Secretary concerned, agree in 
writing to complete field training or a practice cruise, as 
prescribed by the Secretary concerned, within two years 
after admission to the advanced course.", 
(b) The amendments made by subsection (a) do not constitute 
authority for the enactment of new budget authority for a fiscal 
year beginning before October 1,1984, 
PART E—MISCELLANEOUS 
10 u s e 8251 
note. 
Study. 
Report. 
WOMEN IN THE ARMED FORCES 
SEC. 551. (a) The Secretary of the Air Force shall provide that of 
all persons originally enlisting in the Regular Air Force during the 
period beginning on October 1, 1986, and ending on September 30, 
1988-
(1) not less than 19 percent of those enlisting during fiscal 
year 1987 shall be women; and 
(2) not less than 22 percent of those enlisting during fiscal 
year 1988 shall be women. 
(b) The Secretary of Defense shall study the propensity of young 
women to serve in the military and shall submit a report to Con-
gress with the Secretary's review and analysis of that propensity not 
later than six months after the date of the enactment of this Act. 
RESERVE FORCES READINESS 
Study. 
SEC. 552. (a)(1) The Secretary of Defense shall conduct a review of 
10 use 261 note, the various systems used to measure the readiness of reserve units 
of the Armed Forces and shall implement a measurement system for 
the active and reserve components of the Armed Forces to provide 
an objective and uniform evaluation of the readiness of all units of 
the Armed Forces. The measurement system should be designed to 
produce information adequate to provide comparisons concerning 
the readiness of all units. The system for evaluation of the readiness 
of a unit of an active component should incorporate the performance 
of any unit of a reserve component affiliated with the active compo-
nent unit, including the effect of the reserve component unit on the 
mobilization capability of the active component unit. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2531 
(2) Not later than March 31, 1985, the Secretary shall submit a 
report to the Committees on Armed Services of the Senate and 
House of Representatives describing the results of the review under 
paragraph (1) and the measurement system implemented in accord-
ance with that paragraph. 
(b)(1) The Secretary of Defense, acting through the Assistant 
Secretary of Defense for Reserve Affairs, shall conduct a study to 
evaluate the feasibility of allocating equipment to units of reserve 
components based on a measure of effectiveness of such units. The 
study should consider the effects of allocating equipment by compar-
ing units with similar deployment times and similar capabilities in 
terms of training and equipment rather than by comparing all 
reserve component units with each other. The study should be 
integrated with an evaluation of the system for measuring unit 
effectiveness to be implemented in accordance with subsection (a). 
(2) As part of the report under subsection (aX2), the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the study carried 
out under paragraph (1). 
(c) It is the sense of Congress that the number of members of the 
Army Reserve and of the Army National Guard assigned to full-time 
manning duty should be increased to 14 percent of the total mem-
bership of the Army Reserve and of the Army National Guard, 
respectively, by fiscal year 1989. 
(d)(1)(A) The Secretary of Defense, acting through the Assistant 
Secretary of Defense for Reserve Affairs, shall conduct a study of 
the benefits of a longer training program for certain units of the 
reserve components and shall conduct a test of such a program. The 
test program should begin at the earliest realistic date. 
(B) In developing training programs for the reserve components, 
the Secretary shall give increased attention to innovative train-
ing technologies, techniques, and schedules that recognize the 
limitations on time and the geographic dispersion of the reserve 
components. 
(2) Not later than March 31, 1985, the Secretary shall submit a 
report to the Committees on Armed Services of the Senate and 
House of Representatives describing the study under paragraph (1). 
(e) The Secretary of Defense shall conduct at least one major 
mobilization exercise each year. The exercise should be as compre-
hensive and as realistic as possible and should include the participa-
tion of associated active component and reserve component units. 
The Secretary shall develop a plan by June 30, 1985, to test periodi-
cally each active component and reserve component unit based in 
the United States and all interactions of such units, as well as the 
sustainment of the forces mobilized as part of the exercise, with the 
objective of permitting an evaluation of the adequacy of resource 
allocation and planning. 
(fKD In order to encourage members of the Armed Forces whose 
military service obligation is expiring and who do not choose to 
reenlist or otherwise extend their service on active duty or in active 
elements of reserve components to remain in the Armed Forces as 
members of the Individual Ready Reserve, the Secretary of Defense 
shall consider making greater use of the authority provided under 
section 308h of title 37, United States Code, to pay bonuses to 
persons reenlisting for periods of not less than three years in the 
Individual Ready Reserve. 
Report. 
Study. 
10 u s e 261 note. 
Report. 
10 u s e 261 note. 
Study. 
10 u s e 261 note. 
Report. 
10 u s e 261 note. 
97 Stat. 663. 
37 u s e 308h 
note. 
98 STAT. 2532 
PUBLIC LAW 98-525—OCT. 19, 1984 
37 use 308h. 
(2) Such section is amended by striking out the period at the end 
of subsection (b) and inserting in lieu thereof "and shall be paid in 
equal annual increments.". 
10 use 261 note. 
(g) This section does not apply to the Coast Guard. 
PRECEDENCE OF AWARD OF PURPLE HEART 
SEC. 553. (a) Chapter 57 of title 10, United States Code, is amended 
by adding at the end thereof the following new section: 
Regulations. 
10 u s e 1127. 
Report. 
"§ 1127. Precedence of the award of the Purple Heart 
'Tn prescribing regulations establishing the order of precedence of 
awards and decorations authorized to be displayed on the uniforms 
of members of the armed forces, the Secretary of the military 
department concerned shall accord the Purple Heart a position of 
precedence, in relation to other awards and decorations authorized 
to be displayed, not lower than that immediately following the 
lowest position accorded any award or decoration for valor.". 
(b) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1127. Precedence of the award of the Purple Heart.". 
STUDY OF MILITARY REGULATIONS WITH REGARD TO RELIGIOUS 
PRACTICES 
SEC. 554. (a) In order to promote the free expression of religion by 
members of the Armed Forces to the greatest extent possible consist-
ent with the requirements of military discipline, the Secretary of 
Defense shall form a study group to examine ways to minimize the 
potential conflict between the interests of members of the Armed 
Forces in abiding by their religious tenets and the military interest 
in maintaining discipline. 
(b) The study group shall consist of eight members appointed by 
the Secretary of Defense, of whom— 
(1) one shall be appointed from members of each of the four 
Armed Forces under the jurisdiction of the Secretary of Defense 
upon the recommendation of the respective Secretaries of the 
military departments; 
(2) three shall be appointed upon the recommendation of the 
Armed Forces Chaplain Board; and 
(3) one shall be appointed upon the recommendation of the 
Assistant Secretary of Defense for Manpower, Installations, and 
Logistics. 
The Secretary of Defense shall designate one of the members to 
serve as chairman of the study group. 
(c) In carrying out its functions under subsection (a), the study 
group shall make the maximum effort to ascertain the views of the 
broadest spectrum of religious organizations and to use the research 
and intellectual resources of specialists outside the Government 
through receipt of written or oral presentations to the study group. 
(d) Not later than February 1, 1985, the study group shall submit 
to the Secretary of Defense a report containing its findings and 
recommendations. Not later than 20 days after receiving that 
report, the Secretary of Defense shall submit to Congress a copy of 
the report, together with the Secretary's comments on the report, 
and shall issue appropriate implementing policy to the Secretaries 
of the military departments. Such implementing policy shall require 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2533 
that any change in regulations required by reason of that imple-
menting policy be issued by the Secretaries of the military depart-
ments not later than 30 days after the date of the issuance of that 
implementing policy. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL 
BENEFITS 
PART A—BASIC PAY AND ALLOWANCES 
MILITARY PAY RAISE FOR FISCAL YEAR 1985 
SEC. 601, (a) Any adjustment required by section 1009 of title 37, 
United States Code, in elements of the compensation of members of 
the uniformed services to become effective during fiscal year 1985 
shall not be made. 
(b)(1) Except as provided in paragraph (2), the rates of basic pay 
and basic allowances for subsistence for members of the uniformed 
services are increased by 4 percent effective on January 1, 1985. 
(2) The increase in rates of basic pay and basic allowances for 
subsistence provided for in paragraph (1) shall not apply to enlisted 
members in pay grade E-1 with less than 4 months active duty. 
37 u s e 1009 
note. 
Effective date. 
BASIC ALLOWANCE FOR QUARTERS AND VARIABLE HOUSING ALLOWANCE 
SEC. 602. (a)(1) Effective on January 1, 1985, the rates of the basic 
allowance for quarters authorized by section 403(a)(1) of title 37, 
United States Code, are as follows: 
"Pay Grade 
Commissioned officers: 
O-IO 
0-9 
0-8 
0-7 
0-6 
0-5 
0-4 
0-3 
0-2 
0-1 
Warrant officers: 
W-4 
W-3 
W-2 
W-1 
Enlisted members: 
E-9 
E-8 
E-7 
E-6 
E-5 
E-4 
E-3 
E-2 
E-1 
Without Dependents 
Full 
Rate 
$537.30 
537.30 
537.30 
537.30 
493.20 
465.30 
426.60 
345.30 
278.10 
238.50 
391.20 
330.30 
297.00 
251.40 
315.30 
292.20 
249.30 
221.40 
204.90 
177.60 
172.50 
146.40 
133.50 
Partial 
Rate' 
$50.70 
50.70 
50.70 
50.70 
39.60 
33.00 
26.70 
22.20 
17.70 
13.20 
25.20 
20.70 
15.90 
13.80 
18.60 
15.30 
12.00 
9.90 
8.70 
8.10 
7.80 
7.20 
6.90 
With 
Depend-
ents 
$660.90 
660.90 
660.90 
660.90 
599.40 
552.30 
504.90 
420.90 
360.90 
323.70 
453.90 
405.90 
379.50 
330.90 
429.90 
400.50 
372.60 
337.80 
300.30 
259.50 
238.50 
238.50 
238.50". 
Effective date. 
37 u s e 403 note. 
"'Payable to a member without dependents who under section 403 (b) or (c) of title 37, 
United States Code, is not entitled to receive a basic allowance for quarters.". 
3 1 - 1 9 4 
0 - 8 6 - 6 
QL.3 
P a r t s 
98 STAT. 2534 
PUBLIC LAW 98-525—OCT. 19, 1984 
(2) During the period beginning on January 1, 1985, and ending on 
the date on which any change is made by law in any of the rates of 
basic allowance for quarters for members of the uniformed services 
prescribed in paragraph (1), the rate of the basic allowance for 
quarters authorized by section 403(a)(1) of title 37, United States 
Code, which is payable to a member of the uniformed services who is 
entitled to that allowance on or after January 1, 1985, and before 
the date of any such change and who was entitled to that allowance 
on December 31, 1984, shall not be less than the rate of the basic 
allowance for quarters that was in effect for that member on 
December 31, 1984 (unless the member holds a lower grade than he 
held on that date or has had a change in dependent status from a 
"with dependents" status to a "without dependents" status). 
Prohibition. 
(b)(1) During the period beginning on October 1, 1984, and ending 
on January 1, 1985, the Secretary of a military department may not 
pay a variable housing allowance under section 403(a)(2) of title 37, 
United States Code, except in accordance with the limitations on 
such payments applicable during fiscal year 1984 under the provi-
sions of sections 786 and 792 of the Department of Defense Appro-
97 Stat. 1453, 
priation Act, 1984 (Public Law 98-212). 
li^ii 
«Q7 
^^^ Section 906 of the Department of Defense Authorization Act, 
37 use 403 note. ^^^^ (Public Law 98-94), is amended by striking out "fiscal year 
1984" and inserting in lieu thereof "the period beginning on October 
1,1983, and ending on January 1,1985". 
(c)(1) Subsection (a) of section 403 of title 37, United States Code, is 
amended by striking out "(1)" after "(a)" and by striking out para-
graph (2). 
(2) The heading of such section is amended to read as follows: 
"§ 403. Basic allowance for quarters". 
(d)(1) Chapter 7 of title 37, United States Code, is amended by 
inserting after section 403 the following new section: 
37 use 403a. 
"§ 403a. Variable housing allowance 
"(a)(1) Except as provided in subsection (b) of this section, a 
member of a uniformed service entitled to basic allowance for 
quarters is entitled to a variable housing allowance under this 
section whenever assigned to duty in an area of the United States 
which is a high housing cost area with respect to that member. A 
member with dependents who is assigned to an unaccompanied tour 
of duty outside the United States is entitled to a variable housing 
allowance while serving that tour of duty for any period during 
which the member's dependents reside in an area of the United 
States where, if the member were assigned to duty in that area, the 
member would be entitled to receive a variable housing allowance. 
"(2) In the case of a member with dependents— 
"(A) who is assigned to duty inside the United States the 
location or the circumstances of which make it necessary that 
his dependents reside at another location; and 
"(B) whose dependents reside in an area of the United States 
where, if the member were assigned to duty in that area, the 
member would be entitled to receive a variable housing allow-
ance at a rate other than the rate to which the member is 
entitled (if at all) in the area of his duty assignment, 
the member may be paid a variable housing allowance as if he were 
assigned to duty in the area in which his dependents reside if the 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2535 
Secretary concerned determines (under regulations prescribed 
under subsection (e) of this section) that it would be inequitable to 
base the member's entitlement to, and amount of, variable housing 
allowance on the area to which the member is assigned. 
"(3) In the case of a member with dependents— 
"(A) who is assigned to an unaccompanied tour of duty in 
Alaska or Hawaii; and 
"(B) who would, if his duty station were outside the United 
States, be entitled to a family separation allowance under sec-
tion 427(a) of this title, 
37 use 427. 
the member may be paid a variable housing allowance at the rate 
applicable to a member without dependents serving in the same 
grade and at the same location. Payment of a variable housing 
allowance under this paragraph shall be in addition to any allow-
ance or per diem to which the member otherwise may be entitled 
under this title. 
"(b) A member of a uniformed service is not entitled to a variable 
housing allowance— 
"(1) in the case of a member who makes a change in perma-
nent duty station, for the number of days that travel is author-
ized between permanent duty stations (under regulations 
prescribed under subsection (e) of this section); 
"(2) in the case of a member with dependents, if the member 
(A) is assigned to unaccompanied personnel housing of the 
United States (or an unaccompanied personnel housing facility 
under the jurisdiction of a uniformed service) appropriate to his 
grade, rank, or rating and adequate for himself, and (B) is 
authorized the basic allowance for quarters at the rate estab-
lished for a member with dependents solely by reason of a court 
order requiring the member to pay support for dependents; or 
"(3) in the case of a member of a reserve component, while on 
active duty under a call or order to active duty specifying a 
period of less than 140 days. 
"(c)(1) The monthly amount of a variable housing allowance under 
this section for a member of a uniformed service with respect to an 
area is the difference between (A) the median monthly cost of 
housing in that area for members of the uniformed services serving 
in the same pay grade as that member, and (B) 80 percent of the 
median monthly cost of housing in the United States for members of 
the uniformed services serving in the same pay grade as that 
member. 
"(2) The rates of variable housing allowance shall be reduced as 
necessary to comply with subsection (d) of this section. 
"(3) The effective date of any adjustment in rates of variable 
Effective date. 
housing allowance because of a redetermination of median monthly 
costs of housing under this subsection shall be the same as the 
effective date of the next increase after such redetermination in the 
basic allowances for quarters. 
"(4) For the purposes of this section, an area shall be considered to 
be a high housing cost area with respect to a member of a uniformed 
service whenever the median monthly cost of housing in that area 
for members of the uniformed services serving in the same pay 
grade as that member exceeds 80 percent of the median monthly 
cost of housing in the United States for members of the uniformed 
services serving in the same pay grade as that member. 
98 STAT. 2536 
PUBLIC LAW 98-525—OCT. 19, 1984 
"(5) Any reduction required under paragraph (2) of this subsection 
and any determination of median monthly costs of housing under 
this subsection shall be made under regulations prescribed under 
subsection (e) of this section. 
"(d)(1) The total amount that may be paid for a fiscal year for the 
variable housing allowance authorized members of the uniformed 
services by this section is the product of— 
"(A) the total amount authorized to be paid for such allow-
ance for the preceding fiscal year (as adjusted under paragraph 
(3) of this subsection); and 
"(B) a fraction— 
"(i) the numerator of which is the military housing cost 
index for October of the preceding fiscal year; and 
"(ii) the denominator of which is the military housing 
cost index for October of the fiscal year before the preced-
ing fiscal year. 
"(2) The military housing cost index is the housing component of 
the Consumer Price Index (as determined by the Bureau of Labor 
Statistics of the Department of Labor), as adjusted under regulations 
prescribed under subsection (e) of this section. Such regulations may 
assign weights to the elements of that housing component other 
than those assigned by the Secretary of Labor in order more appro-
priately to reflect the distribution of elements of housing costs of 
members of the uniformed services. 
"(3) In making a determination under paragraph (1) of this subsec-
tion for a fiscal year, the amount authorized to be paid for the 
preceding fiscal year for the variable housing allowance shall be 
adjusted to reflect changes during the year for which the determina-
tion is made in the number, grade distribution, and dependency 
status of members of the uniformed services entitled to variable 
housing allowance from the number of such members during the 
preceding fiscal year. Adjustments under this paragraph shall be 
made in accordance with regulations prescribed under subsection (e) 
of this section. 
"(e) The President may prescribe regulations for the administra-
tion of this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by striking out the item relating to section 403 and 
inserting in lieu thereof the following: 
"403. Basic allowance for quarters. 
"403a. Variable housing allowance.". 
(3) Section 7572(b)(1)(B) of title 10, United States Code, is amended 
by striking out "section 403" and inserting in lieu thereof "section 
403a". 
(e) Section 405 of title 37, United States Code, is amended— 
(1) by inserting "(a)" before "Without regard to"; 
(2) by designating the third sentence as subsection (b) and by 
inserting "for a member who is on duty outside of the United 
States" in such sentence after "under this section"; 
(3) by inserting after such sentence the following new sen-
tence: "A station housing allowance may not be prescribed 
under this section for a member who is on duty in Hawaii or 
Alaska."; and 
(4) by designating the last sentence as subsection (c). 
Effective date. 
(f)(1) Except as provided in paragraph (2), the amendments made 
37 use 403a 
by this section shall take effect on January 1,1985. 
note. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2537 
(2) A member who on December 31, 1984, is assigned to a perma-
nent duty station in Alaska or Hawaii and is entitled on that date to 
a station housing allowance under section 405 of title 37, United 
States Code, shall, until he departs that station as a result of a 
permanent change of duty station, be entitled to receive that allow-
ance as if the amendment made by subsection (d) had not been 
enacted and shall not be entitled to a variable housing allowance 
under section 403a of this title (as added by subsection (c)). 
(3) For the period beginning on January 1, 1985, and ending on 
September 30, 1985, the limitation applicable under subsection (d)(1) 
of section 403a of title 37, United States Code (as added by subsec-
tion (d)), on the total amount that may be paid during a fiscal year 
for the variable housing allowance authorized members of the uni-
formed services by that section shall be 15 percent of the median 
annual costs of housing in the United States for members of the 
uniformed services as measured during fiscal year 1984. In deter-
mining for the purposes of clause (A) of such subsection the total 
amount authorized to be paid for such allowance for fiscal year 1985, 
such amount shall be determined as if the amendments made by this 
section took effect on October 1, 1984. 
Ante, p. 2536. 
Ante, p. 2534. 
Effective date. 
REIMBURSEMENT FOR ACCOMMODATIONS IN PLACE OF QUARTERS 
SEC. 603. (a) Section 7572(b)(3) of title 10, United States Code, is 
97 Stat. 640. 
amended— 
(1) by striking out "and" after "fiscal year 1983,"; and 
(2) by inserting ", and $1,421,000 for fiscal year 1985" after 
"fiscal year 1984". 
(b) Section 3 of Public Law 96-357 (10 U.S.C. 7572 note) is amended 
97 Stat. 640. 
by striking out "September 30, 1984" and inserting in lieu thereof 
"September 30,1985". 
CLARIFICATION OF AUTHORITY TO DENY CERTAIN MEMBERS WITHOUT 
DEPENDENTS RIGHT TO ELECT TO RECEIVE BASIC ALLOWANCE FOR 
QUARTERS RATHER THAN OCCUPY MILITARY QUARTERS 
SEC 604. (a) Section 403(j)(2) of title 37, United States Code, is 
amended by striking out "military discipline" and inserting in lieu 
thereof "a training mission, military discipline,". 
(b) The amendment made by subsection (a) shall apply only with 
respect to members making an election under section 403(b) of 
title 37, United States Code, after September 30,1984. 
Effective date. 
37 u s e 403 note. 
COMMUTATION OF RATIONS FOR RESERVISTS ON INACTIVE DUTY 
TRAINING WHO ARE UNABLE TO OBTAIN RATIONS IN KIND 
SEC. 605. Effective on October 1, 1984, section 402(b) of title 37, 
United States Code, is amended by adding at the end thereof the 
following new sentence: "The Secretary concerned may provide an 
enlisted member who could be provided rations in kind under the 
preceding sentence with a commutation when rations in kind are 
not available.". 
Effective date. 
FORFEITURE OF ACCRUED LEAVE BY CERTAIN MEMBERS WHO SERVE ON 
ACTIVE DUTY LESS THAN SIX MONTHS 
SEC. 606. (a) Section 501(e) of title 37, United States Code, is 
amended— 
98 STAT. 2538 
PUBLIC LAW 98-525—OCT. 19, 1984 
Effective date. 
37 use 501 note. 
(1) by inserting "(D" after "(e)"; and 
(2) by adding at the end thereof the following new paragraph: 
"(2) The Secretary concerned may require that a member of a 
uniformed service who is discharged before completing six months of 
active duty because of a failure to serve satisfactorily (as determined 
by the Secretary concerned) forfeit all accrued leave to his credit at 
the time of his discharge.". 
(b) The amendments made by subsection (a) shall apply in the case 
of members of the uniformed service (as defined in section 101(3) of 
title 37, United States Code) who enlist or are commissioned on or 
after the date of the enactment of this Act. 
10 use 511. 
Effective date. 
37 use 205 note. 
DENIAL OF CREDIT FOR TIME SPENT IN A DELAYED ENLISTMENT 
PROGRAM FOR PURPOSES OF COMPUTATION OF BASIC PAY 
SEC. 607. (a) Section 205 of title 37, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(e) Notwithstanding subsection (a) of this section, a period served 
by a member of a uniformed service in a reserve component under 
an enlistment under section 511 of title 10 before the member— 
"(1) begins service on active duty under subsection (b) of that 
section, or 
"(2) begins an initial period of active duty for training under 
subsection (d) of that section, 
may not be counted under this section.". 
(b) The amendment made by subsection (a) shall apply to persons 
who enlist under section 511 of title 10, United States Code, on or 
after the first day of the third calendar month which begins after 
the date of the enactment of this Act. 
PART B—TRAVEL AND TRANSPORTATION 
EMERGENCY MEDICAL TRANSPORTATION FOR DEPENDENTS OF MEMBERS 
STATIONED IN ALASKA OR HAWAII 
SEC. 611. Effective on October 1, 1984, section 1040(a) of title 10, 
United States Code, is amended by inserting "or in Alaska or 
Hawaii" after "outside the United States". 
TRANSPORTATION INCIDENT TO EMERGENCY LEAVE FOR MEMBERS 
WHOSE RESIDENCES ARE IN POSSESSIONS OF THE UNITED STATES 
SEC. 612. (a)(1) Section 41 Id of title 37, United States Code, is 
amended to read as follows: 
"§ 411d. Travel and transportation allowances: transportation inci-
dent to personal emergencies for certain members and 
dependents 
"(a) Under uniform regulations prescribed by the Secretaries 
concerned, transportation in accordance with subsection (b) of this 
section may be provided for a member of a uniformed service and for 
dependents of that member authorized to reside at the member's 
duty station (or authorized to reside at another location and receive 
a station allowance) incident to emergency leave granted for reasons 
of a personal emergency (or in the case of transportation provided 
only for a dependent, under circumstances involving a personal 
emergency similar to the circumstances for which emergency leave 
could be granted a member). 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2539 
"(bXl) In the case of a member stationed outside the continental 
United States and the dependents of such a member, transportation 
under this section may be provided from the international airport 
nearest the location of the member and dependents at the time 
notification of the personal emergency is received or the interna-
tional airport nearest the member's permanent duty station (and if 
the member's dependents reside at another overseas location and 
receive a station allowance, from that location)— 
"(A) to the international airport in the continental United 
States closest to the international airport from which the 
member and his dependents departed; or 
"(B) to an airport in Alaska, Hawaii, the Commonwealth of 
Puerto Rico, any possession of the United States, or any other 
location outside the continental United States, as determined by 
the Secretary concerned. 
"(2) In the case of a member whose domicile is outside the 
continental United States and who is stationed in the continental 
United States and the dependents of such a member, transportation 
under this section may be provided from the international airport in 
the continental United States nearest the location of the member 
and dependents at the time notification of the personal emergency is 
received or the international airport nearest the member's perma-
nent duty station to an international airport in Alaska, Hawaii, the 
Commonwealth of Puerto Rico, a possession of the United States, or 
any other location outside the continental United States, as deter-
mined by the Secretary concerned. 
"(3) In the case of a member stationed outside the continental 
United States whose dependents reside in the continental United 
States, transportation under this section may be provided for the 
member as described in paragraph (1) of this subsection and for the 
dependents as described in paragraph (2) of this subsection. 
"(4) Whenever transportation is provided under this section, 
return transportation may be provided to the international airport 
from which the member or dependent departed or the international 
airport nearest the member's duty station. 
"(c) Transportation under this section may be authorized only 
upon a determination that, considering the nature of the personal 
emergency involved. Government transportation is not reasonably 
available. The cost of transportation authorized under this section 
for a member, or the dependents of a member, may not exceed the 
cost of Government-procured commercial air travel between the 
applicable locations described in subsection (b) of this section. 
"(d) In this section, 'continental United States' means the 48 
contiguous States and the District of Columbia.". 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 7 of such title is amended to read as follows: 
"411d. Travel and transportation allowances: transportation incident to personal 
emergencies for certain members and dependents.". 
(b) The amendment made by subsection (a)(1) shall apply with 
Effective date. 
respect to transportation begun after September 30,1984. 
37 USC 4lld 
note. 
TRAVEL PAY FOR CERTAIN RESERVE COMPONENT INSTRUCTORS 
SEC. 613. (a) Section 404(a) of title 37, United States Code, is 
amended— 
(1) by striking out "and" at the end of clause (3); 
98 STAT. 2540 
PUBLIC LAW 98-525—OCT. 19, 1984 
(2) by striking out the period at the end of clause (4) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end the following new clause: 
"(5) when not on active duty, if assigned to a Reserve school, 
and attending a reserve training meeting for the purpose of 
performing duties as an instructor at such meeting, if such 
meeting is 100 or more miles from the site at which the member 
would attend paid drills of the Reserve school to which he is 
assigned.". 
Effective date. 
(b) The amendments made by subsection (a) shall apply with 
37 use 404 note, respect to travel performed after September 30, 1984. 
TRANSPORTATION BETWEEN RESIDENCE AND PLACE OF WORK FOR 
SENIOR DEFENSE OFFICIALS 
SEC. 614. (a) Chapter 157 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
10 use 2637. 
"§ 2637. Transportation between residence and place of work for 
senior defense ofHcials 
"Passenger motor vehicles of the United States may be used to 
provide transportation between the residences and places of work or 
employment of the Deputy Secretary of Defense, the Under Secre-
taries of Defense, and the members of the Joint Chiefs of Staff.". 
(b) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2637. Transportation between residence and place of work for senior defense offi-
cials.". 
PART C—SPECIAL AND INCENTIVE PAYS 
EXTENSION OF ENLISTMENT AND REENLISTMENT BONUS AUTHORITIES 
FOR ACTIVE FORCES 
SEC. 621. (a) Sections 308(g), 308a(c), and 308f(c) of title 37, United 
97 Stat. 55. 
States Code, are amended by striking out "September 30, 1984" and 
inserting in lieu thereof "September 30, 1987". 
37 use 308. 
(b) Section 308 of such title is amended— 
(1) by striking out "$20,000" in subsection (a)(1) and inserting 
in lieu thereof "$30,000"; and 
(2) in subsection (b)— 
(A) by inserting "(1)" after "(b)"; and 
(B) by adding at the end thereof the following: 
"(2) Of the bonuses paid under this section to members of a 
uniformed service during a fiscal year, not more than 10 percent 
may exceed $20,000.". 
EXTENSION OF SPECIAL PAY FOR CERTAIN AVIATION CAREER OFFICERS 
SEC. 622. (a) Effective on October 1, 1984, section 301b of title 37, 
United States Code, is amended— 
(1) by striking out paragraph (2) of subsection (e) and inserting 
in lieu thereof the following: 
"(2) During the period beginning on October 1, 1984, and ending 
on September 30, 1985, only agreements executed by officers of the 
Navy may be accepted under this section."; and 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2541 
(2) by striking out "September 30, 1984" in subsections (e)(3) 
and (f) and inserting in lieu thereof "September 30, 1985". 
(b) Not later than February 1,1985, the Secretary of Defense shall Report, 
submit to the Committees on Armed Services of the Senate and the 
House of Representatives a written report on the adequacy of the 
incentive pay for aviation career officers provided for in section 301a 
of title 37, United States Code, to meet the recruiting and retention 
needs of each of the Armed Forces and on the relationship, if any, 
between that incentive pay and the special pay for certain Navy 
pilots provided for in section 301b of such title, as amended by 
Ante, p. 2540. 
subsection (a) of this section. The Secretary shall include in the 
report such recommendations for legislation regarding aviation 
career incentive and special pay as the Secretary considers 
appropriate. 
SPECIAL PAY FOR SEA DUTY AND SPECIAL SKILLS FOR ENLISTED 
MEMBERS 
SEC. 623. (a) The table relating to rates of special pay for enlisted 
members in section 305aOt)) of title 37, United States Code, is 
amended to read as follows: 
"ENLISTED MEMBERS 
"Pay 
grade 
E-4 
E-5 
E-6 
E-7 
E-8 
E-9 
Years 
of 
sea 
duty 
lor 
Less 
$50 
60 
125 
135 
165 
175 
Over 
1 
$60 
70 
135 
145 
180 
195 
Over 
2 
$125 
140 
170 
215 
225 
235 
Over 
3 
$160 
175 
190 
235 
255 
265 
Over 
4 
$175 
185 
210 
255 
265 
280 
Over 
5 
$175 
190 
215 
260 
270 
290 
Over 
6 
$175 
205 
225 
265 
280 
310 
Over? 
$175 
220 
235 
265 
285 
310 
Over 
8 
$175 
220 
245 
270 
290 
310 
Pay 
grade 
E-4 
E-5 
E-6 
E-7 
E-8 
E-9 
Years 
of 
sea 
duty 
Over 
9 
$175 
220 
255 
275 
300 
310 
Over 
10 
$175 
220 
265 
280 
310 
320 
Over 
11 
$175 
220 
265 
300 
310 
330 
Over 
12 
$175 
220 
280 
310 
320 
350 
Over 
13 
$175 
220 
295 
330 
340 
370 
Over 
14 
$175 
220 
310 
350 
360 
390 
Over 
16 
$175 
220 
325 
370 
380 
410 
Over 
18 
$175 
220 
340 
390 
400 
410". 
(b)(1) Section 307 of such title is amended to read as follows: 37 use 307. 
"§ 307. Special pay: special duty assignment pay for enlisted mem-
bers 
"(a) An enlisted member who is entitled to basic pay and is 
performing duties which have been designated under subsection (b) 
of this section as extremely difficult or as involving an unusual 
degree of responsibility in a military skill may, in addition to other 
pay or allowances to which he is entitled, be paid special duty 
assignment pay at a monthly rate not to exceed $275. 
98 STAT. 2542 
PUBLIC LAW 98-525—OCT. 19, 1984 
"(b) The Secretary concerned shall determine which enlisted 
members under his jurisdiction are to be paid special duty assign-
ment pay under subsection (a) of this section. He shall also designate 
those skills within each armed force under his jurisdiction for which 
special duty assignment pay is authorized and shall prescribe the 
criteria under which members of that armed force are eligible for 
special duty assignment pay in each skill. He may increase, de-
crease, or abolish such pay for any skill. 
Regulations. 
"(c) This section shall be administered under regulations pre-
scribed by the Secretary of Defense for the armed forces under his 
jurisdiction and by the Secretary of Transportation for the Coast 
Guard when the Coast Guard is not operating as a service in the 
Navy.". 
(2) The item relating to such section 307 in the table of sections at 
the beginning of chapter 5 of such title is amended to read as 
follows: 
"307. Special pay: special duty assignment pay for enlisted members.". 
(3) A member of the uniformed services who, on September 30, 
1984, was entitled to special pay under section 307 of title 37, United 
States Code, as in effect on such date, may continue to be paid the 
special pay authorized by such section as though the amendments 
made by this subsection had not been made. However, a member 
may not be paid the special pay authorized by such section as in 
effect on September 30,1984, and the special pay authorized by such 
section as amended by this section. 
(c) The amendments made by this section shall take effect on 
October 1,1984. 
ELIMINATION OF CERTAIN CATEGORIES OF INCENTIVE PAY FOR 
HAZARDOUS DUTY 
SEC. 624. (a) Section 301 of title 37, United States Code, is 
amended— 
(1) in subsection (a), by striking out clauses (3) and (5) and 
redesignating clause (4) as clause (3) and clauses (6) through (13) 
as clauses (4) through (11), respectively; 
(2) in subsection (c)(1), by striking out "(10), (11), or (12)" and 
inserting in lieu thereof "or (10),"; and 
(3) in subsection (c)(2), by striking out "(13)" and inserting in 
lieu thereof "(11)". 
37 use 301 note. 
(b) A member of the uniformed services who is entitled on the day 
before the date of the enactment of this Act to receive incentive pay 
Supra. 
under section 301(a)(5) (for the performance of duty involving inti-
mate contact with persons afflicted with leprosy) shall continue to 
be entitled to such pay under such section as in effect on that day so 
long as the member continues (without a break) to be assigned to 
perform such duties on and after that day. 
PART D—HEALTH CARE MATTERS 
EXTENSION OF MEDICAL AND DENTAL CARE FOR RESERVES AND 
NATIONAL GUARD 
37 u s e 307 note. 
Ante, p. 2541. 
Prohibition. 
Effective date. 
37 u s e 305a 
note. 
SEC 631. (a)(1) Section 1074a of title 10, United States Code, is 
amended to read as follows: 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2543 
"§ 1074a. Medical and dental care: members on duty other than 
active duty; injuries, diseases and illnesses incident to 
duty 
"(a) Under joint regulations prescribed by the Secretary of 
Defense, the Secretary of Transportation, and the Secretary of 
Health and Human Services, the following persons are entitled to 
the benefits described in subsection (b): 
"(1) Each member of a uniformed service who contracts a 
disease or becomes ill in line of duty while on active duty for a 
period of 30 days or less, or while traveling to or from that duty. 
"(2) Each member of the National Guard who contracts a 
disease or becomes ill in line of duty while on full-time National 
Guard duty, or while traveling to or from that duty. 
"(3) Each member of a uniformed service who contracts a 
disease or becomes ill in line of duty while on inactive duty 
training under circumstances in which it is determined that the 
disease or illness was contracted or aggravated as an incident of 
that inactive duty training. 
"(4) Each member of a uniformed service who incurs or 
aggravates an injury while traveling directly to or from the 
place at which he is to perform, or has performed, inactive duty 
training, unless the injury is incurred or aggravated as a result 
of the member's own gross negligence or misconduct. 
"(b) A person described in subsection (a) is entitled to— 
"(1) the medical and dental care appropriate for the treat-
ment of his injury, disease, or illness until the resulting disabil-
ity cannot be materially improved by further hospitalization or 
treatment; and 
"(2) subsistence during hospitalization.". 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 55 of such title is amended to read as follows: 
"1074a. Medical and dental care: members on duty other than active duty; injuries, 
diseases, and illnesses incident to duty. . 
(b) Section 6148 of such title, relating to certain benefits of mem-
bers of the Naval Reserve and Marine Corps Reserve, is amended by 
striking out subsection (d). 
(c) The amendments made by this section shall apply only with 
respect to injuries incurred or aggravated and diseases or illnesses 
contracted or aggravated after September 30,1984. 
ENHANCED BENEFITS COVERAGE UNDER CHAMPUS 
SEC. 632. (a)(1) Section 1079(a) of title 10, United States Code, is 
amended by striking out clause (3) and inserting in lieu thereof the 
following: 
"(3) not more than one eye examination may be provided to a 
patient in any calendar year;". 
(2) Section 1086(a) of such title is amended by adding at the end lO use 1086. 
thereof the following new sentence: "However, eye examinations 
may not be provided under such plans for persons covered by 
subsection (c). . 
(3) The amendments made by this subsection shall apply only to 10 USC 1079 
health care furnished after September 30, 1984. 
note. 
(b) The Secretary of Defense, in consultation with the Secretary of lo USC 1092 
Health and Human Services, shall conduct demonstration projects note. 
under section 1092 of title 10, United States Code, for the purpose of 97 Stat. 650. 
10 USC 6148. 
10 USC 1074a 
note. 
98 STAT. 2544 
PUBLIC LAW 98-525—OCT. 19, 1984 
evaluating the cost-effectiveness of chiropractic care. In the conduct 
of such demonstration projects, chiropractic care (including manual 
manipulation of the spine and other routine chiropractic procedures 
authorized under joint regulations prescribed by the Secretary of 
Defense and the Secretary of Health and Human Services and not 
otherwise prohibited by law) may be provided as appropriate under 
10 use 1071 et 
chapter 55 of title 10, United States Code. 
seq. 
Effective date. 
10 u s e 1077 
note. 
42 u s e 1395. 
Report. 
AUTHORITY TO PROVIDE DENTAL CARE TO CERTAIN DEPENDENTS IN 
FACILITIES OF THE UNIFORMED SERVICES 
SEC. 633. (a) Section 1077(a) of title 10, United States Code, is 
amended— 
(1) by striking out clauses (10), (11), and (12) and inserting in 
lieu thereof the following: 
"(10) Dental care."; and 
(2) by redesignating clauses (13) and (14) as clauses (11) and 
(12), respectively. 
(b) The amendments made by subsection (a) shall take effect on 
July 1,1985. 
STUDY OF USE BY CHAMPUS OF MEDICARE PROSPECTIVE PAYMENT 
SYSTEM 
SEC. 634. (a) The Congress finds that— 
(1) costs of providing medical care under the program admin-
istered by the Department of Defense known as the Civilian 
Health and Medical Program of the Uniformed Services 
(CHAMPUS) have escalated rapidly in recent years; 
(2) new and innovative methods for control and containment 
of costs under the CHAMPUS program must be explored; and 
(3) the adoption for the CHAMPUS program of a prospective 
payment system for inpatient hospital services like that used by 
Department of Health and Human Services under title XVIII of 
the Social Security Act for the Medicare program could provide 
significant savings for the CHAMPUS program. 
(b) The Secretary of Defense and the Secretary of Health and 
Human Services shall jointly study the possible effects of the adop-
tion for the CHAMPUS program of a prospective payment system 
for inpatient hospital services such as that used by the Department 
of Health and Human Service for the Medicare program. The study 
shall address— 
(1) the advisability and feasibility of requiring by law that a 
hospital participate in the CHAMPUS program as a condition of 
participating in Medicare and whether such a requirement is 
needed in order to ensure adequate participation by hospitals in 
the CHAMPUS program if a prospective payment system were 
to be adopted for the CHAMPUS program; and 
(2) the changes that might be expected if such a system were 
adopted in the CHAMPUS patient workload and the CHAM-
PUS aggregate payment levels to various segments of the pro-
vider community (including private, public, non-profit, and 
teaching facilities). 
(c) Not later than February 28, 1985, the Secretaries shall submit 
a report to the Committees on Armed Services and Finance of the 
Senate and the Committees on Armed Services and Ways and 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2545 
Means of the House of Representatives of their findings under the 
study under subsection (b). The report shall include— 
(1) such recommendations for changes in the CHAMPUS 
system of reimbursement as the Secretaries consider appropri-
ate; and 
(2) the recommendations of the Secretaries on the need for 
and appropriateness of a requirement by law relating to hospi-
tal participation in the CHAMPUS and Medicare programs 
such as that described in subsection (bXD. 
PART E—BENEFITS FOR SURVIVORS AND FORMER SPOUSES 
EUMINATION OF CERTAIN SOCIAL SECURITY OFFSETS FROM THE 
SURVIVOR BENEFIT PLAN 
SEC. 641. (a) Section 1451(a)(3) of title 10, United States Code, is 
amended— 
(1) by striking out "would be entitled" in the first sentence 
and inserting in lieu thereof "is entitled"; and 
(2) by striking out the period at the end of the second sentence 
and inserting in lieu thereof the following: "or to the extent 
that the benefit to which the beneficiary is entitled is based on 
the beneficiary's own earnings or self-employment.". 
(b) The amendments made by subsection (a) shall apply only in the 
Effective date, 
case of payments of annuities payable for periods that begin on or 
lO use 1451 
after September 30,1985. 
note. 
AUTHORITY TO INITIATE PAYMENTS UNDER SURVIVOR ANNUITY 
PROGRAMS WHEN THE PARTICIPANT IS MISSING 
SEC. 642. (a)(1) Section 1437 of title 10, United States Code, is 
amended— 
(A) by striking out "subsection (b)" in subsection (a) and 
inserting in lieu thereof "subsections (b) and (c),"; and 
(B) by adding at the end thereof the following new subsection: 
"(c)(1) Upon application of the beneficiary of a member entitled to 
retired or retainer pay whose retired or retainer pay has been 
suspended because the member has been determined to be missing, 
the Secretary concerned may determine for purposes of this sub-
chapter that the member is presumed dead. Any such determination 
shall be made in accordance with regulations prescribed under 
section 1444(a) of this title. The Secretary concerned may not make 
10 use 1444. 
a determination for purposes of this subchapter that a member is 
presumed dead unless he finds— 
"(A) that the member has been missing for at least 30 days; 
and 
"(B) that the circumstances under which the member is miss-
ing would lead a reasonably prudent person to conclude that the 
member is dead. 
"(2) Upon a determination under paragraph (1) with respect to a 
member, an annuity otherwise payable under this subchapter shall 
be paid as if the member died on the date as of which the retired or 
retainer pay of the member was suspended. 
"(3)(A) If, after a determination under paragraph (1), the Secre-
tary concerned determines that the member is alive, any annuity 
being paid under this subchapter by reason of this subsection shall 
be promptly terminated and the total amount of any annuity pay-
98 STAT. 2546 
PUBLIC LAW 98-525—OCT. 19, 1984 
merits made by reason of this subsection shall constitute a debt to 
the United States which (notwithstanding section 144 of this title) 
may be collected or offset— 
"(i) from any retired or retainer pay otherwise payable to the 
member; 
"(ii) if the member is entitled to compensation under chapter 
38 use 301 et 
11 of title 38, from that compensation; or 
«^9- 
"(iii) if the member is entitled to any other payment from the 
United States, from that payment. 
"(B) If the member dies before the full recovery of the amount of 
annuity payments described in subparagraph (A) has been made by 
the United States, the remaining amount of such annuity payments 
may be collected from the member's beneficiary under this subchap-
ter if that beneficiary was the recipient of the annuity payments 
made by reason of this subsection.". 
10 use 1440. 
(2) Section 1440 of such title is amended by striking out "No" and 
inserting in lieu thereof "Except as provided in section 1437(c)(3) of 
this title, no". 
10 use 1450. 
(b) Section 1450 of such title is amended— 
(1) by striking out "An" in subsection (i) and inserting in lieu 
thereof "Except as provided in subsection (1), an"; and 
(2) by adding at the end thereof the following new subsection: 
"(1)(1) Upon application of the beneficiary of a participant in the 
plan whose retired or retainer pay has been suspended on the basis 
that the participant is missing (or of a participant in the plan who 
10 use 1331 et 
would be eligible for retired pay under chapter 67 of this title but for 
seq. 
the fact that he is under 60 years of age and whose retired pay, if he 
were entitled to retired pay, would be suspended on the basis that he 
is missing), the Secretary concerned may determine for purposes of 
this subchapter that the participant is presumed dead. Any such 
determination shall be made in accordance with regulations pre-
scribed under section 1455 of this title. The Secretary concerned 
may not make a determination for purposes of this subchapter that 
a participant is presumed dead unless he finds— 
"(A) that the participant has been missing for at least 30 days; 
and 
"(B) that the circumstances under which the participant is 
missing would lead a reasonably prudent person to conclude 
that the participant is dead. 
"(2) Upon a determination under paragraph (1) with respect to a 
participant in the Plan, an annuity otherwise payable under the 
provision of this subchapter shall be paid as if the participant died 
on the date as of which the retired or retainer pay of the participant 
w£is suspended. 
"(3)(A) If, after a determination under paragraph (1), the Secre-
tary concerned determines that the participant is alive, any annuity 
being paid under this subchapter by reason of this subsection shall 
be terminated and the total amount of any annuity payments made 
by reason of this subsection shall constitute a debt to the United 
States which (notwithstanding subsection (h)) may be collected or 
offset— 
"(i) from any retired or retainer pay otherwise payable to the 
participant; 
"(ii) if the participant is entitled to compensation under 
38 use 301 et 
chapter 11 of title 38, from that compensation; or 
seq. 
"(iii) if the participant is entitled to any other payment from 
the United States, from that payment. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2547 
"(B) If the participant dies before the full recovery of the amount 
of annuity payments described in subparagraph (A) has been made 
by the United States, the remaining amount of such annuity pay-
ments may be collected from his beneficiary under the Plan if that 
beneficiary was the recipient of the annuity payments made by 
reason of this subsection.". 
CLARIFICATION OF AUTHORITY TO ENFORCE CERTAIN COURT ORDERS IN 
CONNECTION WITH THE PAYMENT OF RETIRED OR RETAINER PAY TO 
FORMER SPOUSES 
SEC. 643. (a) Subsection (a)(2)(C) of section 1408 of title 10, United 
States Code, is amended by inserting "in the case of a division of 
property," before "specifically provides for". 
(b) Subsection (b)(1)(C) of such section is amended by inserting ", if 
possible," after "include". 
(c)(1) The first sentence of paragraph (1) of subsection (d) of such 
Child support. 
section is amended to read as follows: "After effective service on the 
Alimony. 
Secretary concerned of a court order providing for the payment of 
child support or alimony or, with respect to a division of property, 
specifically providing for the payment of an amount of the dispos-
able retired or retainer pay from a member to the spouse or a 
former spouse of the member, the Secretary shall make pajmients 
(subject to the limitations of this section) from the disposable retired 
or retainer pay of the member to the spouse or former spouse in an 
amount sufficient to satisfy the amount of child support and alimony 
set forth in the court order and, with respect to a division of 
property, in the amount of disposable retired or retainer pay specifi-
cally provided for in the court order.". 
(2) The first sentence of paragraph (5) of such subsection is 
amended by striking out "disposable retired or retainer pay" the 
first place it appears and all that follows through "any part" and 
inserting in lieu thereof "child support or alimony or the payment of 
an amount of disposable retired or retainer pay as the result of the 
court's treatment of such pay under subsection (c) as property of the 
member and his spouse, the Secretary concerned shall pay (subject 
to the limitations of this section) from the disposable retired or 
retainer pay of the member to the spouse or former spouse of the 
member, any part". 
(d)(1) Paragraph (2) of subsection (e) of such section is amended by 
striking out "from the disposable retired or retainer pay of a 
member, such pay" and inserting in lieu thereof ", the disposable 
retired or retainer pay of the member". 
(2) Paragraph (3)(A) of such subsection is amended— 
(A) by striking out "from the disposable retired or retainer 
pay"; 
(B) by striking out "the least amount of disposable retired or 
retainer pay" in clause (i) and inserting in lieu thereof "from 
the member's disposable retired or retainer pay the least 
amount"; and 
(C) by striking out "of retired or retainer pay" in clause (ii)(I). 
(3) The first sentence of paragraph (4)(A) of such subsection is 
amended— 
(A) by striking out "the retired or retainer pay of; and 
(B) by striking out "such court orders and legal process shall 
be satisfied" and inserting in lieu thereof "satisfaction of such 
note. 
98 STAT. 2548 
PUBLIC LAW 98-525—OCT. 19, 1984 
court orders and legal process from the retired or retainer pay 
of the member shall be". 
(4) The first sentence of paragraph (5) of such subsection is 
amended— 
(A) by striking out "of disposable retired or retainer pay" both 
places it appears; and 
(B) by striking out "such pay" and inserting in lieu thereof 
"disposable retired or retainer pay". 
Effective date. 
(e) The amendments made by this section shall apply with respect 
1
0 use 1
4
0
8 
to court orders for which effective service (as described in section 
1408(b)(1) of title 10, United States Code, as amended by subsection 
(b) of this section) is made on or after the date of the enactment of 
this Act. 
CLARIFICATION OF AUTHORITY TO ELECT FORMER SPOUSES AS 
BENEFICIARIES UNDER THE SURVIVOR BENEFIT PLAN 
SEC. 644. Section 1450(f) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
"(3)(A) If a person described in paragraph (2) or (3) of section 
1448(b) of this title enters, incident to a proceeding of divorce, 
dissolution, or annulment, into a voluntary written agreement to 
elect under section 1448(b) of this title to provide an annuity to a 
former spouse and such agreement has been incorporated in or 
ratified or approved by a court order, and such person then fails or 
refuses to make such an election, such person shall be deemed to 
have made such an election if the Secretary concerned receives a 
written request, in such manner as the Secretary shall prescribe, 
from the former spouse concerned requesting that such an election 
be deemed to have been made and receives a copy of the court order, 
regular on its face, which incorporates, ratifies, or approves the 
voluntary written agreement of such person. 
"(B) An election may not be deemed to have been made under 
subparagraph (A) in the case of any person unless the Secretary 
concerned receives a request from the former spouse of the person 
before October 1, 1985, or within one year of the date of the court 
order involved, whichever is later. 
"(C) An election deemed to have been made under subparagraph 
(A) shall become effective on the first day of the first month which 
begins after the date of the court order involved.". 
MISCELLANEOUS RIGHTS AND BENEFITS FOR FORMER SPOUSES 
SEC. 645. (a) Section 1072(2) of title 10, United States Code, is 
amended— 
(1) by striking out "and" at the end of clause (E); 
(2) by striking out the period at the end of clause (F) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new clause: 
"(G) a person who (i) is the unremarried former spouse of 
a member or former member who performed at least 20 
years of service which is creditable in determining the 
member or former member's eligibility for retired or retain-
er pay, or equivalent pay, and on the date of the final 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2549 
decree of divorce, dissolution, or annulment before April 1, 
1985, had been married to the member or former member 
for a period of at least 20 years, at least 15 of which, but less 
than 20 of which, were during the period the member or 
former member performed service creditable in determin-
ing the member or former member's eligibility for retired 
or retainer pay, and (ii) does not have medical coverage 
under an employer-sponsored health plan.". 
(b) Section 1006(d) of the Uniformed Services Former Spouses' 
Protection Act (title X of Public Law 97-252; 96 Stat. 738) is 
amended— 
(1) by striking out "only i f and inserting in lieu thereof 
"whether"; and 
(2) by striking out "dated on or after" and all that follows 
through the end of the sentence and inserting in lieu thereof 
"dated before, on, or after February 1, 1983.". 
(c) A person who would qualify as a dependent under section 
1072(2)(G) of title 10 (as added by subsection (a)) but for the fact that 
the person's final decree of divorce, dissolution, or annulment is 
dated on or after April 1,1985, shall be considered to be a dependent 
under such section during the two-year period beginning on the date 
of such final decree. 
(d) The amendments made by subsections (a), (b), and (c) shall be 
effective on January 1, 1985, and shall apply with respect to health 
care furnished on or after that date. 
10 u s e 1408 
note. 
10 u s e 1072 
note. 
Ante, p. 2548. 
Effective date. 
10 u s e 1072 
note. 
PART F—MISCELLANEOUS 
LEGAL ASSISTANCE PROGRAMS 
SEC. 651. (a) Chapter 53 of title 10, United States Code, is amended 
by adding at the end thereof the following new section: 
"§ 1044. Legal assistance 
"(a) Subject to the availability of legal staff resources, the Secre-
tary concerned may provide legal assistance in connection with 
their personal civil legal affairs to— 
"(1) members of the armed forces under his jurisdiction who 
are on active duty; 
"(2) members and former members under his jurisdiction 
entitled to retired or retainer pay or equivalent pay; and 
"(3) dependents of members and former members described in 
clauses (1) and (2). 
"(b) Under such regulations as may be prescribed by the Secretary 
concerned, the Judge Advocate General (as defined in section 801(1) 
of this title) under the jurisdiction of the Secretary is responsible for 
the establishment and supervision of legal assistance programs 
under this section. 
"(c) This section does not authorize legal counsel to be provided to 
represent a member or former member of the armed forces, or the 
dependent of a member or former member, in a legal proceeding if 
the member or former member can afford legal fees for such repre-
sentation without undue hardship. 
"(d) The Secretary concerned shall define 'dependent' for the 
purposes of this section.". 
(b) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1044. Legal assistance.". 
10 u s e 1044. 
98 STAT. 2550 
PUBLIC LAW 98-525—OCT. 19, 1984 
Effective date. 
Termination 
date. 
Report. 
Japan. 
LIMITATION ON TRANSPORTATION OF MOTOR VEHICLES THROUGH GUAM 
SEC. 652. (a) Regulations of the Department of Defense providing 
for transportation at Government expense of motor vehicles owned 
by members of the Armed Forces incident to a permanent change of 
duty station may not authorize the transportation at Government 
expense from Guam during any month of more than 100 motor 
vehicles that are owned by members of the Armed Forces who are 
making permanent changes of duty station from locations outside 
the United States (other than in Guam) and who are using Guam as 
an alternate port of shipment. 
(b) Subsection (a) shall apply with respect to the transportation of 
motor vehicles during the period beginning with the month after the 
month in which this Act is enacted and ending with September 1985, 
After that period transportation of motor vehicles from Guam under 
the circumstances described in subsection (a) may be provided at 
Government expense only as specifically authorized by law after the 
date of the enactment of this Act. 
(c) Not later than February 15, 1985, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report with respect to the transportation 
through Guam of motor vehicles owned by members of the Armed 
Forces. The report shall include— 
(1) a description of the nature and extent of the burden 
imposed on members of the Armed Forces by assignment to 
Japan because they may not (under Japanese law) take into 
Japan a motor vehicle not manufactured for use in Japan; 
(2) a review of alternative programs that could be provided to 
alleviate the burden of assignment to Japan described in clause 
(1), including a review of the existing policy to which the 
limitation in subsection (a) is applicable under which a member 
of the Armed Forces making a permanent change of station 
from Japan may purchase a motor vehicle through Guam; and 
(3) an analysis of the impact on Guam (including the economy 
of Guam) of the termination of such policy. 
PERSONAL VEHICLES OF UNITED STATES MILITARY PERSONNEL IN JAPAN 
SEC. 653. (a) The Congress finds that— 
(1) the Government of Japan does not permit members of the 
Armed Forces of the United States to take their motor 
vehicles into Japan for their personal use while assigned to 
a duty station in Japan unless such vehicles are modified to 
satisfy certain requirements of the Government of Japan; 
(2) as a result of the restriction referred to in clause (1), 
members of the Armed Forces typically need to sell their per-
sonal motor vehicles before departing the United States to 
report to a duty station in Japan, to purchase vehicles in Japan 
for personal use while stationed in Japan, to sell such purchased 
vehicles before departing Japan to return to the United States, 
and to purchase vehicles in the United States upon the return; 
(3) members of the Armed Forces incur a substantial financial 
burden in connection with the repeated sale and replacement of 
personal vehicles; 
(4) the United States permits members of the Armed Forces of 
foreign nations to bring unmodified vehicles into the United 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2551 
States for their personal use while assigned to duty stations in 
the United States; and 
(5) the United States provides a substantial contribution to 
the defense of Japan and the waters surrounding Japan. 
(b) Considering the findings set out in subsection (a), it is the sense 
of the Congress that the President, acting through the Secretary of 
Defense and the Secretary of State, should enter into negotiations 
with the Government of Japan for the purpose of obtaining the 
agreement of such government not to require the modification of the 
Personal motor vehicles of members of the Armed Forces of 
the United States brought into Japan for their personal use 
while stationed in Japan. 
(c) Not later than 90 days after the date of the enactment of this 
Act, the Secretary of Defense and the Secretary of State shall 
transmit to the Congress a written report relating to the matters 
described in subsection (a). The report shall include— 
(1) a description of any negotiations carried out with the 
Government of Japan; and 
(2) a description of the other actions the Government of the 
United States can reasonably take to obtain an agreement 
described in subsection (b). 
President of U.S. 
International 
agreement. 
Report. 
AUTHORITY FOR VOLUNTARY WITHHOLDING OF STATE INCOME TAXES 
FROM RETIRED AND RETAINER PAY 
SEC. 654. (a) Chapter 53 of title 10, United States Code, is amended 
by adding after section 1044 (as added by section 651) the following 
new section: 
"§ 1045. Voluntary withholding of State income tax from retired or 
retainer pay 
"(a) The Secretary concerned shall enter into an agreement under 
this section with any State within 120 days of a request for agree-
ment from the proper State official. The agreement shall provide 
that the Secretary concerned shall withhold State income tax from 
the monthly retired or retainer pay of any member or former 
member entitled to such pay who voluntarily requests such with-
holding in writing. The amounts withheld during any calendar 
quarter shall be retained by the Secretary concerned and disbursed 
to the States during the month following that calendar quarter. 
"(b) A member or former member may request that the State 
designated for withholding be changed and that the withholdings be 
remitted in accordance with such change. A member or former 
member also may revoke any request of such member or former 
member for withholding. Any request for a change in the State 
designated and any revocation is effective on the first day of the 
month after the month in which the request or revocation is proc-
essed by the Secretary concerned, but in no event later than on the 
first day of the second month beginning after the day on which the 
request or revocation is received by the Secretary concerned. 
"(c) A member or former member may have in effect at any time 
only one request for withholding under this section and may not 
have more than two such requests in effect during any one calendar 
year. 
"(d)(1) This section does not give the consent of the United States 
to the application of a statute that imposes more burdensome 
requirements on the United States than on employers generally or 
Ante, p. 
2549. 
10 
use 
1045. 
98 STAT. 2552 
PUBLIC LAW 98-525—OCT. 19, 1984 
that subjects the United States or any member or former member 
entitled to retired or retainer pay to a penalty or liability because of 
this section. 
Prohibition. 
"(2) The Secretary concerned may not accept pay from a State for 
services performed in withholding State income taxes from retired 
or retainer pay. 
"(3) Any amount erroneously withheld from retired or retainer 
pay and paid to a State by the Secretary concerned shall be repaid 
by the State in accordance with regulations prescribed by the 
Secretary concerned. 
"(e) In this section: 
"(1) 'State' means any State, the District of Columbia, the 
Commonwealth of Puerto Rico, and any territory or possession 
of the United States. 
"(2) 'Secretary concerned' includes the Secretary of Health 
and Human Services with respect to the commissioned corps of 
the Public Health Service and the Secretary of Commerce with 
respect to the commissioned corps of the National Oceanic and 
Atmospheric Administration.". 
(b) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 1044 (as added 
by section 651) the following new item: 
"1045. Voluntary withholding of State income tax from retired or retainer pay.". 
RECOMPUTATION OF RETIRED PAY OF CERTAIN RECALLED RETIREES 
10 use 1402 
SEC. 655. (a) Notwithstanding the second sentence of footnote 1 of 
note. 
the table contained in section 1402(a) of title 10, United States Code 
(relating to recomputation of retired pay to reflect later active duty), 
in the case of a member of the Armed Forces who— 
(1) was voluntarily called or ordered to active duty during the 
period beginning on October 1, 1963, and ending on September 
30,1971; 
(2) was at the time of such call or order entitled to retired pay 
or retainer pay; 
(3) served on such active duty under such call or order for a 
continuous period of at least two years; and 
(4) was released from such active duty before October 1, 1973, 
the retired or retainer pay of such member shall be recomputed, as 
provided in subsection (b), under the rates of basic pay in effect at 
the time of that release from active duty. 
(b) The retired or retainer pay of a member of the Armed Forces 
described in subsection (a) shall be the amount determined under 
section 1402(a) of title 10, United States Code (as modified with 
respect to such member by subsection (a)), and increased by the 
amount by which the member's retired or retainer pay would have 
been increased during the period beginning on the date of the 
member's release from active duty referred to in subsection (a)(4) 
and ending on the day before the day on which this section becomes 
effective had subsection (a) applied in the case of the member at the 
time of that release from active duty. 
Effective date. 
(c) This section shall apply only with respect to retired pay and 
retainer pay payable for months beginning after September 30,1984, 
or on or after the date of the enactment of this Act, whichever is 
later. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2553 
DELAY OF EFFECTIVE DATE FOR FEE FOR VETERINARY SERVICES 
SEC. 656. Section 1033 of the Department of Defense Authorization 
lo use 133 note. 
Act, 1984 (Public Law 98-94; 97 Stat. 672), is amended by striking 
out "October 1, 1984" and inserting in lieu thereof "October 1, 
1985". 
TITLE VII—EDUCATIONAL ASSISTANCE PROGRAMS 
Veterans' 
Educational 
SHORT TITLE 
Assistance Act of 
r,,^, «,, . 
,.,, 
, 
.. , 
^1 
UTT ^ 
» T^j 
J.- 
1 
38 u s e 101 note. 
SEC. 701. This title may be cited as the Veterans Educational 
Assistance Act of 1984". 
NEW EDUCATIONAL ASSISTANCE PROGRAM 
SEC. 702. (aXD Title 38, United States Code, is amended by insert-
ing before chapter 31 the following new chapter: 
"CHAPTER 30—ALL-VOLUNTEER FORCE EDUCATIONAL 
ASSISTANCE PROGRAM 
"SUBCHAPTER I—PURPOSES; DEFINITIONS 
"Sec. 
"1401. Purposes. 
"1402. Definitions. 
"SUBCHAPTER II-BASIC EDUCATIONAL ASSISTANCE 
"1411. Basic educational assistance entitlement for service on active duty. 
"1412. Basic educational assistance entitlement for service in the Selected Reserve. 
"1413. Duration of basic educational eissistance. 
"1414. Payment of basic educational assistance. 
"1415. Amount of basic educational assistance. 
"1416. Inservice enrollment in a program of education. 
"SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL ASSISTANCE 
"1421. Supplemental educational assistance for additional service. 
"1422. Amount of supplemental educational assistance. 
"1423. Payment of supplemental educational assistance under this chapter. 
"SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND 
ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS 
1431. Time limitation for use of eligibility and entitlement. 
1432. Limitation on educational assistance for certain individuals. 
1433. Bar to duplication of educational assistance benefits. 
1434. Program administration. 
1435. Allocation of administration and of program costs. 
1436. Reporting requirement. 
"Subchapter I—Purposes; Dennitions 
"§ 1401. Purposes 
38 use i40i. 
"The purposes of this chapter are— 
"(1) to provide a new educational assistance program to assist 
in the readjustment of members of the Armed Forces to civilian 
life after their separation from military service; 
"(2) to promote and assist the All-Volunteer Force program 
and the Total Force Concept of the Armed Forces by establish-
ing a new program of educational assistance based upon service 
on active duty or a combination of service on active duty and in 
the Selected Reserve (including the National Guard) to aid in 
98 STAT. 2554 
PUBLIC LAW 98-525—OCT. 19, 1984 
the recruitment and retention of highly quahfied personnel for 
both the active and reserve components of the Armed Forces; 
and 
"(3) to give special emphasis to providing educational assist-
ance benefits to aid in the retention of personnel in the Armed 
Forces. 
38 use 1402. 
"§ 1402. Definitions 
"For the purposes of this chapter— 
"(1) The term 'basic educational assistance' means educational 
assistance provided under subchapter II of this chapter. 
"(2) The term 'supplemental educational assistance' means educa-
tional assistance provided under subchapter III of this chapter. 
"(3) The term 'program of education' has the meaning given such 
term in section 1652(b) of this title. 
38 use 1652. 
"(4) The term 'Selected Reserve' means the Selected Reserve of 
the Ready Reserve of any of the reserve components (including the 
Army National Guard of the United States and the Air National 
Guard of the United States) of the Armed Forces, as required to be 
10 use 268. 
maintained under section 268(b) of title 10. 
"(5) The term 'Secretary' means the Secretary of Defense with 
respect to members of the Armed Forces under the jurisdiction of 
the Secretary of a military department and the Secretary of Trans-
portation with respect to the Coast Guard when it is not operating 
as a service in the Navy. 
"(6) The term 'active duty' does not include any period during 
which an individual (A) was assigned full time by the Armed Forces 
to a civilian institution for a course of education which was substan-
tially the same as established courses offered to civilians, (B) served 
as a cadet or midshipman at one of the service academies, or (C) 
10 use 511. 
served under the provisions of section 511(d) of title 10 pursuant to 
an enlistment in the Army National Guard or the Air National 
Guard, or as a Reserve for service in the Army Reserve, Naval 
Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard 
Reserve. 
"Subchapter II—Basic Educational Assistance 
38 use 1411. 
"§ 1411. Basic educational assistance entitlement for service on 
active duty 
"(a) Except as provided in subsection (c) of this section each 
individual— 
"(1) who— 
"(A) during the period beginning on July 1, 1985, and 
ending on June 30, 1988, first becomes a member of the 
Armed Forces or first enters on active duty as a member of 
the Armed Forces and— 
"(i) who (I) serves at least three years of continuous 
active duty in the Armed Forces, or (II) in the case of 
an individual whose initial period of active duty is less 
than three years, serves at least two years of continu-
ous active duty in the Armed Forces; or 
"(ii) who serves in the Armed Forces and is dis-
charged or released from active duty (I) for a service-
connected disability or for hardship, or (II) for the 
convenience of the Government, in the case of an indi-
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2555 
vidual who completed not less than 20 months of active 
duty, if the initial obligated period of active duty of the 
individual was less than three years, or in the case of 
an individual who completed not less than 30 months of 
active duty if the initial obligated period of active duty 
of the individual was at least three years; or 
"(B) as of December 31, 1989, is eligible for educational 
assistance benefits under chapter 34 of this title and with- 
38 USC 1651 
out a break in service on active duty since December 31, 
etseq. 
1976, and— 
"(i) after June 30, 1985, serves at least three years of 
continuous active duty in the Armed Forces; or 
"(ii) after June 30, 1985, is discharged or released 
from active duty (I) for a service-connected disability or 
for hardship, or (II) for the convenience of the Govern-
ment, if the individual completed not less than 30 
months of active duty after that date; 
"(2) who, before completion of the service described in clause 
(1) of this subsection, has received a secondary school diploma 
(or an equivalency certificate); and 
"(3) who, after completion of the service described in clause (1) 
of this subsection— 
"(A) is discharged from service with an honorable dis-
charge, is placed on the retired list, is transferred to the 
Fleet Reserve or Fleet Marine Corps Reserve, or is placed 
on the temporary disability retired list; 
"(B) continues on active duty; or 
"(C) is released from active duty for further service in a 
reserve component of the Armed Forces after service on 
active duty characterized by the Secretary concerned as 
honorable service; 
is entitled to basic educational assistance under this chapter. 
"(b) The basic pay of any individual described in subsection 
(aXl)(A) of this section who does not make an election under subsec-
tion (c)(1) of this section shall be reduced by $100 for each of the first 
12 months that such individual is entitled to such pay. Amounts 
withheld from basic pay under this subsection shall revert to the 
Treasury. 
"(cXD An individual described in subsection (a)(1)(A) of this sec-
tion may make an election not to receive educational assistance 
under this chapter. Any such election shall be made at the time the 
individual initially enters on active duty as a member of the Armed 
Forces. Any individual who makes such an election is not entitled to 
educational assistance under this chapter. 
"(2) An individual who after December 31,1976, receives a commis-
sion as an officer in the Armed Forces upon graduation from the 
United States Military Academy, the United States Naval Academy, 
the United States Air Force Academy, or the Coast Guard Academy 
or upon completion of a program of educational assistance under 
section 2107 of title 10 is not eligible for educational assistance under 
10 USC 2107. 
this section. 
"§ 1412. Basic educational assistance entitlement for service in the 
38 usc 1412. 
Selected Reserve 
"(a) Except as provided in subsection (c) of this section, each 
individual— 
"(1) who— 
98 STAT. 2556 
PUBLIC LAW 98-525—OCT. 19, 1984 
"(A) during the period beginning on July 1, 1985, and 
ending on June 30, 1988, first becomes a member of the 
Armed Forces or first enters on active duty as a member of 
the Armed Forces and— 
"(i) serves at least two years of continuous active 
duty in the Armed Forces characterized by the Secre-
tary concerned as honorable service; and 
"(ii) subject to subsection (b) of this section and after 
completion of the service on active duty described in 
subclause (i) of this clause, serves at least four years of 
continuous duty in the Selected Reserve during which 
the individual participates satisfactorily in training as 
required by the Secretary concerned; or 
"(B) as of December 31, 1989, is eligible for educational 
38 use 1651 
assistance under chapter 34 of this title and without a 
^^^^9- 
break in service on active duty since December 31, 1976, 
and— 
"(i) after June 30, 1985, serves at least two years of 
continuous active duty in the Armed Forces character-
ized by the Secretary concerned as honorable service; 
and 
"(ii) after June 30, 1985, subject to subsection (b) of 
this section and after completion of such two years of 
service, serves at least four continuous years in the 
Selected Reserve during which the individual partici-
pates satisfactorily in training as prescribed by the 
Secretary concerned; 
"(2) who, before completion of the service described in clause 
(1) of this subsection, has received a secondary school diploma 
(or an equivalency certificate); and 
"(3) who, after completion of the service described in clause (1) 
of this subsection— 
"(A) is discharged from service with an honorable dis-
charge, is placed on the retired list, or is transferred to the 
Standby Reserve or an element of the Ready Reserve other 
than the Selected Reserve after service in the Selected 
Reserve characterized by the Secretary concerned as honor-
able service; or 
"(B) continues on active duty or in the Selected Reserve; 
is entitled to basic educational assistance under this chapter. 
"(b)(1) The requirement of four years of service under clauses 
(l)(A)(ii) and (l)(B)(ii) of subsection (a) of this section is not applicable 
to an individual who is discharged or released from service in the 
Selected Reserve for a service-connected disability, for hardship, or 
(in the case of an individual discharged or released after three and 
one-half years of service) for the convenience of the Government. 
"(2) Continuity of service of a member in the Selected Reserve for 
purposes of such clauses shall not be considered to be broken— 
"(A) by any period of time (not to exceed a maximum period 
prescribed by the Secretary concerned by regulation) during 
which the member is not able to locate a unit of the Selected 
Reserve of the member's Armed Force that the member is 
eligible to join or that has a vacancy; or 
"(B) by any other period of time (not to exceed a maximum 
period prescribed by the Secretary concerned by regulation) 
during which the member is not attached to a unit of the 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2557 
Selected Reserve that the Secretary concerned, pursuant to 
regulations, considers to be inappropriate to consider for such 
purpose. 
"(c) The basic pay of any individual described in subsection 
(a)(1)(A) of this section who does not make an election under subsec-
tion (d)(1) of this section shall be reduced by $100 for each of the first 
12 months that such individual is entitled to such pay. Amounts 
withheld from basic pay under this paragraph shall revert to the 
Treasury, 
"(d)(1) An individual described in subsection (aXlXA) of this section 
may make an election not to receive educational assistance under 
this chapter. Any such election shall be made at the time the 
individual initially enters on active duty as a member of the Armed 
Forces. Any individual who makes such an election is not entitled to 
educational assistance under this chapter. 
"(2) An individual who after December 31,1976, receives a commis-
sion as an officer in the Armed Forces upon graduation from the 
United States Military Academy, the United States Naval Academy, 
the United States Air Force Academy, or the Coast Guard Academy 
or upon completion of a program of educational assistance under 
section 2107 of title 10 is not eligible for educational assistance under 
lo USC 2107. 
this section. 
"§ 1413. Duration of basic educational assistance 
38 use 1413. 
"(a)(1) Subject to section 1795 of this title and except as provided 
in paragraph (2) of this subsection, each individual entitled to basic 
educational assistance under section 1411 of this title is entitled to Ante, p. 2554. 
36 months of educational assistance benefits under this chapter (or 
the equivalent thereof in part-time educational assistance). 
"(2) In 
the 
case of an 
individual 
described 
in 
section 
1411(a)(l)(A)(ii)(I) of this title who is not also described in section 
1411(a)(l)(A)(i) of this title or an individual described in sec-
tion 1411(a)(l)(B)(iiXI) of this title who is not also described in section 
1411(aXlXBXi) of this title, the individual is entitled to one month of 
educational assistance benefits under this chapter for each month of 
active duty served by such individual. 
"(b) Subject to section 1795 of this title and subsection (c) of this 
section, each individual entitled to basic educational assistance 
under section 1412 of this title is entitled to (1) one month of Ante, p. 2555. 
educational assistance benefits under this chapter for each month of 
active duty served by such individual, and (2) one month of educa-
tional assistance benefits under this chapter for each four months 
served by such individual in the Selected Reserve (other than any 
month in which the individual served on active duty). 
"(c) No individual may receive basic educational assistance bene-
fits under this chapter for a period in excess of 36 months (or the 
equivalent thereof in part-time educational assistance). 
"§ 1414. Payment of basic educational assistance 
38 use 1414. 
"The Administrator shall pay to each individual entitled to basic 
educational assistance who is pursuing an approved program of 
education a basic educational assistance allowance to help meet, in 
part, the expenses of such individual's subsistence, tuition, fees, 
supplies, books, equipment, and other educational costs. 
"§ 1415. Amount of basic educational assistance 
38 USC 1415. 
"(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561. 
provided in subsections (b) and (c) of this section, a basic educational 
assistance allowance under this subchapter shall be paid— 
"(1) at the monthly rate of $300 for an approved program of 
education pursued on a full-time basis; or 
98 STAT. 2558 
PUBLIC LAW 98-525—OCT. 19, 1984 
Regulations. 
"(2) at an appropriately reduced rate, as determined under 
regulations which the Administrator shall prescribe, for an 
approved program of education pursued on less than a full-time 
basis. 
"(b) In the case of an individual entitled to an educational assist-
Ante, p. 2554. 
ance allowance under section 1411 of this title and whose initial 
obligated period of active duty is two years, a basic educational 
assistance allowance under this chapter shall be paid— 
"(1) at the monthly rate of $250 for an approved program of 
education pursued on a full-time basis; or 
Regulations. 
"(2) at an appropriately reduced rate, as determined under 
regulations which the Administrator shall prescribe, for an 
approved program of education pursued on less than a full-time 
basis. 
Regulations. 
"(c) In the case of an individual who has a skill or specialty 
designated by the Secretary concerned as a skill or specialty in 
which there is a critical shortage of personnel or for which it is 
difficult to recruit, the Secretary concerned, pursuant to regulations 
to be prescribed by the Secretary, may increase the rate of the basic 
educational assistance allowance applicable to such individual to 
such rate in excess of the rate prescribed under subsections (a) and 
(b) of this section as the Secretary considers appropriate, but the 
amount of any such increase may not exceed $400 per month. 
"(dXD Subject to paragraph (2) of this subsection, in the case of an 
individual who on December 31, 1989, was entitled to educational 
38 use 1651 
assistance under chapter 34 of this title, the rate of the basic 
et seq. 
educational assistance allowance applicable to such individual under 
this chapter shall be increased by the amount equal to one-half of the 
educational assistance allowance that would be applicable to such 
individual under such chapter 34 (as of the time the assistance under 
this chapter is provided and based on the rates in effect on December 
31, 1989) if such chapter were in effect. 
"(2) The number of months for which the rate of the basic 
educational assistance allowance applicable to an individual is in-
creased under paragraph (1) of this subsection may not exceed the 
number of months of entitlement to educational assistance under 
chapter 34 of this title that the individual had remaining on Decem-
ber 31, 1989. 
"§ 1416. Inservice enrollment in a program of education 
"A member of the Armed Forces who has completed at least 
two years of service on active duty after June 30, 1985, has contin-
ued on active duty or in the Selected Reserve without a break in 
service (except as described in section 1412(bX2) of this title), and 
who but for section 1411(aXl) or 1412(aXl) of this title would be 
eligible for basic educational assistance may receive educational 
assistance under this chapter for enrollment in an approved pro-
gram of education while continuing to perform the duty described in 
section 1411(aXl) or 1412(aXl) of this title. 
"Subchapter Ill—SuppIemental Educational 
Assistance 
38 use 1421. 
"§ 1421. Supplemental educational assistance for additional service 
Regulations. 
"(a) The Secretary concerned, pursuant to regulations to be pre-
scribed by the Secretary, may provide for the payment of supple-
mental educational assistance under this subchapter to any 
individual eligible for basic educational assistance under section 
1411 of this title who— 
"(1) serves five or more consecutive years of active duty in the 
Armed Forces in addition to the years of active duty counted 
under section 1411(aXl) of this title without a break in such 
service; and 
38 use 1416. 
Ante, p. 2555. 
Ante, p. 2554. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2559 
"(2) after completion of the service described in clause (1) of 
this subsection— 
"(A) is discharged from service with an honorable dis-
charge, is placed on the retired list, is transferred to the 
Fleet Reserve or Fleet Marine Corps Reserve, or is placed 
on the temporary disability retired list; 
"(B) continues on active duty without a break in service; 
or 
"(C) is released from active duty for further service in a 
reserve component of the Armed Forces after service on 
active duty characterized by the Secretary concerned as 
honorable service. 
"(b) The Secretary concerned, pursuant to regulations to be 
Regulations. 
prescribed by the Secretary, may provide for the payment of supple-
mental educational assistance under this subchapter to any individ-
ual eligible for basic educational assistance under section 1412 of 
this title who— 
Ante, p. 2555. 
"(1) serves two or more consecutive years of active duty in the 
Armed Forces in addition to the years of active duty counted 
under section 1412(a)(1) of this title and four or more consecu-
tive years of duty in the Selected Reserve in addition to the 
years of duty in the Selected Reserve counted under such 
section without a break in service; and 
"(2) after completion of the service described in clause (1) of 
this subsection— 
"(A) is discharged from service with an honorable dis-
charge, is placed on the retired list, is transferred to the 
Fleet Reserve or Fleet Marine Corps Reserve, or is placed 
on the temporary disability retired list; or 
"(B) continues on active duty or in the Selected Reserve. 
"(c) Continuity of service of a member in the Selected Reserve for 
purposes of subsection (b)(1) of this section shall not be considered to 
be broken— 
"(1) by any period of time (not to exceed a maximum period 
prescribed by the Secretary concerned by regulation) during 
which the member is not able to locate a unit of the Selected 
Reserve of his Armed Force that the member is eligible to join 
or that has a vacancy; or 
"(2) by any other period of time (not to exceed a maximum 
period prescribed by the Secretary concerned by regulation) 
during which the member is not attached to a unit of the 
Selected Reserve that the Secretary concerned, pursuant to 
regulations, considers to be inappropriate to consider for such 
purpose. 
"(d) A period of active duty or duty in the Selected Reserve that 
occurs before the period of duty by which the individual concerned 
qualifies for basic educational assistance may not be counted for 
purposes of this section. 
"§ 1422. Amount of supplemental educational assistance 
38 USC 1422. 
"(a) Subject to section 1432 of this title and except as otherwise 
Post, p. 2561. 
provided under subsection (b) of this section, supplemental educa-
tional assistance under section 1421 of this title shall be paid— 
Ante, p. 2558. 
"(1) at a monthly rate of $300 for an approved program of 
education pursued on a full-time basis; or 
"(2) at an appropriately reduced rate, as determined under 
regulations which the Administrator shall prescribe, for an 
approved program of education pursued on less than a full-time 
basis. 
"(b) In the case of a member of the Armed Forces for whom the Regulations. 
Secretary concerned has provided for the payment of supplemental 
educational assistance who has a skill or specialty designated by the 
98 STAT. 2560 
PUBLIC LAW 98-525—OCT. 19, 1984 
Secretary concerned, pursuant to regulations to be prescribed by the 
Secretary, as a skill or specialty in which there is a critical shortage 
of personnel, the Secretary concerned, pursuant to such regulations, 
may increase the rate of the supplemental educational assistance 
allowance applicable to such individual to such rate in excess of the 
rate prescribed under subsection (a) of this section as the Secretary 
concerned considers appropriate, but the amount of any such in-
crease may not exceed $300 per month. 
38 use 1423. 
"§ 1423. Payment of supplemental educational assistance under 
this subchapter 
"The Administrator shall increase the monthly basic educational 
assistance allowance paid to an individual who is entitled to supple-
mental educational assistance under this subchapter by the monthly 
amount of the supplemental educational assistance to which the 
individual is entitled. 
"Subchapter IV—Time Limitation for Use of Eligibility and 
Entitlement; General and Administrative Provisions 
"§ 1431. Time limitation for use of eligibility and entitlement 
38 use 1431. 
"(a) Except as provided in subsections (b) through (d) of this 
section, the period during which an individual entitled to educa-
tional assistance under this chapter may use such individual's 
entitlement expires at the end of the 10-year period beginning on (1) 
the date of such individual's last discharge or release from active 
duty, or (2) the last day on which such individual becomes entitled to 
such assistance, whichever is later. 
"(b) In the case of any eligible individual who has been prevented, 
as determined by the Administrator, from pursuing a program of 
education under subchapter II or III of this chapter within the 10-
year period prescribed by subsection (a) of this section because such 
individual had not met the nature of discharge requirement of such 
subchapter before (1) the nature of such individual's discharge or 
release was changed by appropriate authority, or (2) with respect to 
educational £issistance under subchapter II of this chapter, the 
Administrator determined, under regulations prescribed by the 
Administrator, that such discharge or release was under conditions 
Ante, pp. 2554, 
described in section 1411(a)(3) or 1412(aX3) of this title, such 10-year 
2555. 
period shall not run during the period of time that such individual 
was so prevented from pursuing such program of education. 
"(c) In the case of an individual eligible for educational assistance 
under the provisions of this chapter who, after such individual's last 
discharge or release from active duty, was detained by a foreign 
government or power, the 10-year period described in subsection (a) 
of this section shall not run (1) while such individual is so detained, 
or (2) during any period immediately following such individual's 
release from such detention during which such individual is hospi-
talized at a military, civilian, or Veterans' Administration medical 
facility. 
"(d) In the case of an individual eligible for educational £issistance 
under this chapter— 
"(1) who was prevented from pursuing such individual's 
chosen program of education before the expiration of the 10-
year period for use of entitlement under this chapter otherwise 
applicable under this section because of a physical or mental 
disability which was not the result of the individual's own 
willful misconduct, and 
Regulations. 
"(2) who applies for an extension of such 10-year period 
within one year after (A) the last day of such period, or (B) the 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2561 
last day on which such individual was so prevented from pursu-
ing such program, whichever is later, 
such 10-year period shall not run with respect to such individual 
during the period of time that such individual was so prevented 
from pursuing such program and such 10-year period will again 
begin running on the first day following such individual's recovery 
from such disability on which it is reasonably feasible, as deter-
mined under regulations which the Administrator shall prescribe, 
for such individual to initiate or resume pursuit of a program of 
education with educational assistance under this chapter. 
"(eXD If an individual eligible for educational assistance under 
this chapter is enrolled under this chapter in an educational institu-
tion regularly operated on the quarter or semester system and the 
period of such individual's entitlement under this chapter would, 
under this section, expire during a quarter or semester, such period 
shall be extended to the end of such quarter or semester. 
"(2) If an individual eligible for educational assistance under this 
chapter is enrolled under this chapter in an educational institution 
regularly operated on the quarter or semester system and the period 
of such individual's entitlement under this chapter would, under 
this section, expire after a major portion of the course is completed, 
such period shall be extended to the end of the course or for 12 
weeks, whichever is the lesser period of extension. 
"1432. Limitation on educational assistance for certain individuals 
38 USC 1432. 
"(a) In the case of an individual entitled to educational assistance 
under this chapter who is pursuing a program of education— 
"(1) while on active duty; or 
"(2) on less than a half-time basis, 
the amount of the monthly educational assistance allowance pay-
able to such individual under this chapter is the amount determined 
under subsection (b) of this section. 
"(b) The amount of the educational assistance allowance payable 
to an individual described in subsection (a) of this section is the 
lesser of (1) the amount of the educational assistance allowance 
otherwise payable to such individual under this chapter, or (2) the 
established charges for tuition and fees that the educational institu-
tion involved requires similarly circumstanced nonveterans enrolled 
in the same program to pay. 
"§ 1433. Bar to duplication of educational assistance benefits 
38 USC 1433. 
"(aXD An individual entitled to educational assistance under a 
program established by this chapter who is also eligible for educa-
tional assistance under a program under chapter 31, 34, or 35 of 
this title or under chapter 106 or 107 of title 10 may not receive 
38 USC 1500 et 
assistance under both programs concurrently but shall elect (in such 
seq.; 1651 et seq.; 
form and manner as the Administrator may prescribe) under which 
p^ 2564-^0 i^C^' 
program to receive educational assistance. 
2141 et'seq. 
"(2) An individual entitled to educational assistance under chap-
ter 34 of this title may not receive assistance under this chapter 
38 USC 1651 
before January 1, 1990. 
et seq. 
"(b) A period of service counted for purposes of repayment under 
section 902 of the Department of Defense Authorization Act, 1981 
(10 U.S.C. 2141 note), of an education loan may not also be counted 
98 STAT. 2562 
PUBLIC LAW 98-525—OCT. 19, 1984 
Post, p. 2564. 
Ante, p. 2555. 
38 u s e 1434. 
38 u s e 1770, 
1780. 
Regulations. 
38 u s e 1435. 
Ante, p. 2554. 
Ante, p. 2557. 
Post, p. 2568. 
for purposes of entitlement to educational assistance under this 
chapter, 
"(c) An individual who is entitled to educational assistance under 
chapter 106 of title 10 may not also receive educational assistance 
under this chapter based on entitlement under section 1412 of this 
title. 
"§ 1434. Program administration 
"(a) Except as otherwise provided in this chapter, the provisions of 
sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of this 
title and the provisions of subchapters I and II of chapter 36 of this 
title (with the exception of sections 1777, 1780(a)(5), 1780(b), 1786, 
1787, and 1792 of such chapter) shall be applicable to the provision 
of educational assistance under this chapter. The term 'eligible 
veteran', as used in those provisions, shall be deemed to include an 
individual who is eligible for educational assistance under this 
chapter. 
"(b) An educational assistance allowance for any period may not 
be paid to an individual enrolled in or pursuing a program of 
education under this chapter until the Administrator has received— 
"(1) from such individual a certification as to such individ-
ual's actual attendance during such period; and 
"(2) from the educational institution a certification, or an 
endorsement of the individual's certificate, that such individual 
was enrolled in and pursuing a program of education during 
such period. 
"(c) Regulations prescribed by the Secretary of Defense under this 
chapter shall be uniform for the Armed Forces under the jurisdic-
tion of the Secretary of a military department. 
"§ 1435. Allocation of administration and of program costs 
"(a) Except to the extent otherwise specifically provided in this 
chapter, the educational assistance programs established by this 
chapter shall be administered by the Veterans' Administration. 
"(b)(1) Except to the extent provided in paragraph (2) of this 
subsection, payments for entitlement earned under subchapter II of 
this chapter shall be made from funds appropriated to, or otherwise 
available to, the Veterans' Administration for the payment of read-
justment benefits. 
"(2) Payments for entitlement earned under subchapter II of this 
chapter that is established under section 1415(c) of this title at a 
rate in excess of the rate prescribed under section 1415(a) of this 
title shall, to the extent of that excess, be made from the Depart-
ment of Defense Education Benefits Fund established under section 
2006 of title 10 or from appropriations made to the Department of 
Transportation, as appropriate. 
"(c) Payments for educational assistance provided under subchap-
ter III of this chapter shall be made from the Department of Defense 
Education Benefits Fund established under section 2006 of title 10 or 
from appropriations made to the Department of Transportation, as 
appropriate. 
"(d) Funds for the payment by the Administrator of benefits under 
this chapter that are to be paid from the Department of Defense 
Education Benefits Fund shall be transferred to the Veterans' Ad-
ministration from such Fund as necessary and in accordance with 
agreements entered into under section 2006 of title 10 by the 
Administrator, the Secretary of Defense, and the Secretary of the 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2563 
Treasury. Funds for the payment by the Administrator of benefits 
under this chapter that are to be paid from appropriations made to 
the Department of Transportation shall be transferred to the Veter-
ans' Administration as necessary. The Administrator and the Secre-
tary of Transportation shall enter into an agreement for the manner 
in which such transfers are to be made. 
"§ 1436. Reporting requirement 
38 use 1436. 
"(a) The Secretary of Defense and the Administrator shall submit 
to the Congress at least once every two years separate reports on the 
operation of the program provided for in this chapter. 
"(b) The Secretary shall include in each report submitted under 
this section— 
"(1) information indicating (A) the extent to which the benefit 
levels provided under this chapter are adequate to achieve the 
purposes of inducing individuals to enter and remain in the 
Armed Forces and of providing an adequate level of financial 
assistance to help meet the cost of pursuing a program of 
education, and (B) whether it is necessary for the purposes of 
maintaining adequate levels of well-qualified active-duty per-
sonnel in the Armed Forces to continue to offer the opportunity 
for educational assistance under this chapter to individuals who 
have not yet entered active-duty service; and 
"(2) such recommendations for administrative and legislative 
changes regarding the provision of educational assistance to 
members of the Armed Forces and veterans, and their depend-
ents, as the Secretary considers appropriate. 
"(c) The Administrator shall include in each report submitted 
under this section— 
"(1) information concerning the level of utilization of educa-
tional assistance and of expenditures under this chapter; and 
"(2) such recommendations for administrative and legislative 
changes regarding the provision of educational assistance to 
members of the Armed Forces and veterans, and their depend-
ents, as the Administrator considers appropriate. 
"(d)(1) The first report by the Secretary of Defense under this 
section shall be submitted not later than January 1,1986. 
"(2) The first report by the Administrator under this section shall 
be submitted not later than January 1,1988.". 
(2) The tables of chapters at the beginning of such title and at the 
beginning of part III of such title are each amended by inserting 
above the item relating to chapter 31 the following new item: 
"30. All-Volunteer Force Educational Assistance Program 
1401". 
(b) Subchapter III of chapter 30 of title 38, United States Code, as Effective date. 
added by subsection (a), shall take effect on July 1,1986. 
^8 use I42i 
(c) Not later than one year after the date of the enactment of this "° ^ 
Act, the Secretary of Defense shall submit to Congress a report on 
the desirability and the feasibility of permitting members of the 
Armed Forces entitled to educational assistance under chapter 30 of 
title 38, United States Code (as added by subsection (a)), to transfer Ante, p. 2553. 
entitlement to such assistance to dependents of such members. 
98 STAT. 2564 
PUBLIC LAW 98-525—OCT. 19, 1984 
COORDINATION WITH OTHER VETERANS' EDUCATION AND TRAINING 
PROGRAMS 
SEC. 703. (a) Section 1508(fi(l) of title 38, United States Code, is 
amended— 
(1) in subparagraph (A)— 
(A) by inserting "30 or" before "34" the first place it 
appears; and 
(B) by striking out "chapter 34" the second place it 
appears and inserting in lieu thereof "either chapter 30 or 
chapter 34"; and 
(2) in subparagraph (B), by inserting "30 or" before "34". 
38 use 1673. 
(b) The third sentence of section 1673(d)(1) of such title is amended 
by inserting "30," after "or chapter". 
Ante, p. 41. 
(c) Section 1781 is amended— 
(1) in subsection (a)— 
(A) by inserting "30," after "chapter" the first place it appears; 
(B) by striking out "36," and inserting in lieu thereof "36 of 
this title or 106 or 107 of title 10,"; and 
(C) by striking out the comma after "chapter 31"; and 
(2) by inserting "30," in subsection (b)(1) after "Chapters". 
Ante, p. 41. 
(d) Section 1795(a) is amended— 
(1) by inserting "30," in clause (4) after "Chapters"; and 
(2) by striking out "Chapter 107" in clause (5) and inserting in 
lieu thereof "Chapters 106 and 107". 
SUSPENSION OF RIGHT TO ENROLL IN CHAPTER 32 PROGRAM 
38 use 1621 
SEC. 704. No individual on active duty in the Armed Forces may 
note. 
initially enroll in the educational assistance program provided for in 
38 use 1601 
chapter 32 of title 38, United States Code, during the period begin-
^' *^^- 
ning on July 1,1985, and ending on June 30,1988. 
REVISION OF EDUCATIONAL ASSISTANCE PROGRAM FOR THE SELECTED 
RESERVE 
SEC. 705. (a)(1) Chapter 106 of title 10, United States Code, is 
amended to read as follows: 
"CHAPTER 106—EDUCATIONAL ASSISTANCE FOR 
MEMBERS OF THE SELECTED RESERVE 
"Sec. 
"2131. Educational assistance program: establishment; amount. 
"2132. Eligibility for educational assistance. 
"2133. Time limitation for use of entitlement. 
"2134. Termination of assistance. 
"2135. Failure to participate satisfactorily; penalties. 
"2136. Administration of program. 
"2137. Reports to Congress. 
"2138. Savings provision. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2565 
"§2131. Educational assistance program: establishment; amount 
10 use 2131. 
"(a) To encourage membership in units of the Selected Reserve of 
the Ready Reserve, the Secretary of each military department, 
under regulations prescribed by the Secretary of Defense, and the 
Secretary of Transportation, under regulations prescribed by the 
Secretary with respect to the Coast Guard when it is not operating 
as a service in the Navy, shall establish and maintain a program to 
provide educational assistance to members of the Selected Reserve 
of the Ready Reserve of the armed forces under the jurisdiction of 
the Secretary concerned who agree to remain members of the 
Selected Reserve for a period of not less than six years. 
"(b) Each educational assistance program established under sub-
section (a) shall provide for payment by the Secretary concerned to 
each person entitled to educational assistance under this chapter 
who is pursuing a program of education and educational assistance 
allowance at the following rates: 
"(1) $140 per month for each month of full-time pursuit of a 
program of education; 
"(2) $105 per month for each month of three-quarter-time 
pursuit of a program of education; and 
"(3) $70 per month for each month of half-time pursuit of a 
program of education. 
"(c)(1) Educational assistance may only be provided under this 
chapter for pursuit of a program of education at an institution of 
higher learning and may not be provided to a person after the 
person has completed a course of instruction required for the award 
of a baccalaureate degree or the equivalent evidence of completion 
of study. 
"(2) Subject to section 1795 of title 38, the maximum number of 
38 use 1795. 
months of educational assistance that may be provided to any 
person under this chapter is 36. 
"§ 2132. Eligibility for educational assistance 
lO use 2132. 
"(a) A person who— 
"(1) during the period beginning on July 1, 1985, and ending 
on June 30,1988— 
"(A) enlists, reenlists, or extends an enlistment as a 
Reserve for service in the Selected Reserve for a period of 
not less than six years; or 
"(B) is appointed as, or is serving as, a reserve officer and 
agrees to serve in the Selected Reserve for a period of not 
less than six years in addition to any other period of 
obligated service in the Selected Reserve to which the 
person may be subject; and 
"(2) before completing initial active duty for training has 
received a secondary school diploma (or an equivalency 
certificate); 
is entitled to educational assistance under section 2131 of this title. Supm. 
"(b) Educational assistance may not be provided to a member 
under this chapter until the member— 
"(1) has completed the initial period of active duty for train-
ing required of the member; and 
"(2) has completed 180 days of service in the Selected Reserve. 
"(c) Each person who becomes entitled to educational assistance 
under subsection (a) shall at the time the person becomes so entitled 
be given a statement in writing summarizing the provisions of this 
3 1 - 1 9 4 
0 - 8 6 - 7 
: QL.3 
P a r t 3 
98 STAT. 2566 
PUBLIC LAW 98-525—OCT. 19, 1984 
chapter and stating clearly and prominently the substance of sec-
Infra. 
tions 2134 and 2135 of this title as such sections may apply to the 
person. 
"(d) A person who is entitled to educational assistance under 
Ante, pp. 2553, 
chapter 30 of title 38 based on section 1412 of that title may not also 
2555. 
be provided educational assistance under this chapter. 
10 use 2133. 
"§ 2133. Time limitation for use of entitlement 
"(a) Except as provided in subsection (b), the period during which 
a person entitled to educational assistance under this section may 
use such person's entitlement expires (1) at the end of the 10-year 
period beginning on the date on which such person becomes entitled 
to such assistance, or (2) on the date the person is separated from 
the Selected Reserve, whichever occurs first. 
Ante, p. 2560. 
"(b)(1) The provisions of section 1431(e) of title 38 shall apply to 
the period of entitlement prescribed by subsection (a). 
"(2) The provisions of section 1431(d) of title 38 shall apply to the 
period of entitlement prescribed by subsection (a) in the case of a 
disability incurred in or aggravated by service in the Selected 
Reserve. 
10 use 2134. 
"§ 2134. Termination of assistance 
"Educational assistance may not be provided under this chapter— 
"(1) to a member receiving financial assistance under section 
10 use 2107. 
2107 of this title as a member of the Senior Reserve Officers' 
Training Corps program; or 
"(2) to a member who fails to participate satisfactorily in 
required training as a member of the Selected Reserve. 
10 use 2135. 
"§ 2135. Failure to participate satisfactorily; penalties 
"(a)(1) A member of the Selected Reserve of the Ready Reserve of 
an armed force who fails to participate satisfactorily in required 
training as a member of the Selected Reserve during a term of 
enlistment or other period of obligated service that created entitle-
ment of the member to educational assistance under this chapter 
shall, at the option of the Secretary concerned— 
"(A) be ordered to active duty for a period of two years or the 
period of obligated service the person has remaining under 
Ante, p. 2565. 
Section 2132 of this title, whichever is less; or 
"(B) be required to refund to the United States an amount 
determined under subsection (b). 
"(2) The Secretary concerned may waive the requirements of 
paragraph (1), or may reduce the amount of any refund under clause 
(B) of such paragraph, in the case of any individual member when 
the Secretary determines that the failure to participate satisfac-
torily was due to reasons beyond the control of the member, 
"(3) Any refund by a member under this section shall not affect 
the period of obligation of such member to serve as a Reserve in the 
Selected Reserve. 
"(b)(1) The amount of a refund under subsection (a) shall be the 
amount equal to the product of— 
"(A) the number of months of obligated service remaining 
under the agreement entered into under section 2132(aX3) 
divided by the original number of months of such obligation; 
and 
"(B) the total amount of educational assistance provided to 
the member under this chapter. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2567 
as increased by interest determined under paragraph (2). 
"(2) The amount computed under paragraph (1) shall bear interest 
at the rate equal to the highest rate being paid by the United States 
on the day on which the refund is determined to be due for securi-
ties having maturities of 90 days or less and shall accrue from the 
day on which the member is first notified of the amount due to the 
United States as a refund under this section. 
"§ 2136. Administration of program 
1
0 use 2136. 
"(a) Educational assistance under this chapter shall be provided 
through the Veterans' Administration, under agreements to be 
entered into by the Secretary of Defense, and by the Secretary of 
Transportation, with the Administrator of Veterans' Affairs. Such 
agreements shall include administrative procedures to ensure the 
prompt and timely transfer of funds from the Secretary concerned 
to the Veterans' Administration for the making of payments under 
this chapter. 
"(b) Except as otherwise provided in this chapter, the provisions of 
sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of 
chapter 34 of title 38 and the provisions of subchapters I and II 
of chapter 36 of such title (with the exception of sections 1780(a)(5), 38 use 1770, 
1780(b), 1786, 1787(b)(1), and 1792) shall be applicable to the provi- I'^SO. 
sion of educational assistance under this chapter. The term 'eligible 
veteran', as used in those provisions, shall be deemed for the pur-
pose of the application of those provisions to this chapter to refer to 
a person eligible for educational assistance under this chapter. 
"§ 2137. Reports to Congress 
lo use 2137. 
"The Secretary of Defense shall submit to the Congress a report 
not later than December 15 of each year concerning the operation of 
the educational assistance program established by this chapter 
during the preceding fiscal year. Each such report shall include the 
number of members of the Selected Reserve of the Ready Reserve of 
each armed force receiving, and the number entitled to receive, 
educational assistance under this chapter during the preceding 
fiscal year. 
"§ 2138. Savings provision 
lo use 2138. 
"A member who entered into an agreement under this chapter 
before July 1, 1985, shall continue to be eligible for educational 
assistance in accordance with the terms of such agreement and of 
this chapter as in effect before such date.". 
(2) The items relating to such chapter in the table of chapters at 
the beginning of subtitle A of such title, and in the table of chapters 
at the beginning of part III of such subtitle, are amended to read as 
follows: 
"106. Educational Assistance for Members of the Selected Reserve 
2131". 
(b) The amendments made by this section shall take effect on Effective date. 
July 1, 1985, and shall apply only to members of the Armed Forces l
O use 2131 
who qualify for educational assistance under chapter 106 of title 10, ^^^ ^ 2564. 
United States Code, as amended by subsection (a), on or after such 
date. 
98 STAT. 2568 
PUBLIC LAW 98-525—OCT. 19, 1984 
ACCRUAL FUNDING OF DEPARTMENT OF DEFENSE UABIUTIES 
SEC. 706. (a)(1) Chapter 101 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
10 use 2006. 
"§ 2006. Department of Defense Education Benefits Fund 
"(a) There is established on the books of the Treasury a fund to be 
known as the Department of Defense Education Benefits Fund 
(hereinafter in this section referred to as the 'Fund'), which shall be 
administered by the Secretary of the Treasury. The Fund shall be 
used for the accumulation of funds in order to finance Department 
of Defense education liabilities on an actuarially sound basis. 
"(b) In this section: 
"(1) 'Department of Defense education liabilities' means li-
abilities of the Department of Defense for benefits under chap-
Ante, pp. 2553, 
ter 30 of title 38 and for benefits under chapter 106 of this title. 
2^^^- 
"(2) 'Normal cost', with respect to any period of time, means 
the total of the following: 
"(A) The present value of the future benefits payable 
from the Fund for amounts attributable to increased 
amounts of educational assistance authorized under section 
Ante, p. 2557. 
1415(c) of title 38 to persons who were not on active duty on 
July 1, 1985, and who during such period enter on active 
duty. 
"(B) The present value of the future benefits payable 
from the Fund for amounts attributable to educational 
assistance authorized under subchapter III of chapter 30 of 
Ante, p. 2558. 
title 38 to persons who were not on active duty on July 1, 
1985, and who during such period— 
"(i) enter a fourth year of active duty, in the case of 
persons eligible for basic educational assistance under 
Ante, p. 2554. 
section 1411 of such title; or 
"(ii) enter a period of service that will establish 
entitlement to such educational assistance under sec-
Ante, p. 2558. 
tion 1421(b) of such title, in the case of persons eligible 
for basic educational assistance under section 1412 of 
such title. 
Ante, p. 2555. 
"(C) The present value of the future benefits payable 
from the Fund for educational assistance under chapter 106 
Ante, p. 2564. 
of this title to persons who during such period become 
entitled to such assistance. 
"(c) There shall be deposited into the Fund the following, which 
shall constitute the assets of the Fund: 
"(1) Amounts paid into the Fund by the Secretary of Defense 
under subsection (g). 
"(2) Any amount appropriated to the Fund. 
"(3) Any return on investment of the assets of the Fund. 
"(d) The Secretary of the Treasury shall transfer from the Fund to 
the Administrator of Veterans' Affairs such amounts as may be 
necessary to enable the Administrator to make required payments 
of Department of Defense education liabilities. The Secretary of the 
Treasury, the Secretary of Defense, and the Administrator shall 
enter into an agreement as to how and when, and the amounts in 
which, such transfers shall be made. Except for investments under 
subsection (h), amounts in the Fund may not be used for any 
purpose other than transfers as described in this subsection. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2569 
"(e)(1)(A) There is established in the Department of Defense a 
Department of Defense Education Benefits Board of Actuaries (here-
inafter in this section referred to as the 'Board'). The Board shall 
consist of three members, who shall be appointed by the Secretary of 
Defense from among qualified professional actuaries who are mem-
bers of the Society of Actuaries. 
"(B)(i) Except as provided in clause (ii), the members of the Board 
shall serve for a term of fifteen years, except that a member of the 
Board appointed to fill a vacancy occurring before the end of the 
term for which his predecessor was appointed shall only serve until 
the end of such term. A member may serve after the end of his term 
until his successor has taken office. A member of the Board may be 
removed by the Secretary of Defense for misconduct or failure to 
perform functions vested in the Board, and for no other reason. 
"(ii) Of the members of the Board who are first appointed under 
this paragraph, one each shall be appointed for terms ending five, 
ten, and fifteen years, respectively, after the date of appointment, as 
designated by the Secretary of Defense at the time of appointment. 
"(C) A member of the Board who is not otherwise an employee of 
the United States is entitled to receive pay at the daily equivalent of 
the annual rate of basic pay of the highest rate of basic pay then 
currently being paid under the General Schedule of subchapter III 
of chapter 53 of title 5, for each day the member is engaged in the 
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. 
"(2) 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. 
"(3) The Board shall review valuations of the Fund under subsec-
tion (f) and report periodically, not less than once every four years, 
to the President and Congress on the status of the Fund and shall 
recommend such changes as in the Board's judgment are necessary 
to protect the public interest and maintain the Fund on a sound 
actuarial basis. 
"(4) The Secretary shall keep, or cause to be kept, such records as 
necessary for determining the actuarial status of the Fund. 
"(f)(1) The Secretary of Defense shall carry out periodic actuarial 
valuations of the educational programs described in subsection 
(b)(1). 
"(2) Based on the most recent such valuation, the Secretary of 
Defense shall estimate the normal cost for the next fiscal year. 
"(3) If at the time of any such valuation there has been a change 
in benefits under an education program described in subsection 
(b)(1) that has been made since the last such valuation and that 
increases or decreases the present value of benefits payable from the 
Fund, the Secretary of Defense shall determine an amortization 
methodology and schedule for the liquidation of the unfunded liabil-
ity (or negative unfunded liability) thus created such that the 
present value of the sum of the amortization payments equals the 
increase or decrease in the present value of such benefits. 
"(4) If at the time of any such valuation the Secretary of Defense 
determines that, based upon changes in actuarial assumptions since 
the last valuation, there has been an actuarial gain or loss to the 
Fund, the Secretary shall determine an amortization methodology 
and schedule for the liquidation of such gain or loss through an 
Department of 
Defense 
Education 
Benefits Board of 
Actuaries, 
establishment. 
5 u s e 5331. 
5 u s e 5703. 
Report. 
Report. 
Records. 
98 STAT. 2570 
PUBLIC LAW 98-525—OCT. 19, 1984 
increase or decrease in the payments that would otherwise be made 
to the Fund. 
"(5) Based on the determinations under paragraphs (2), (3), and (4) 
the Secretary of Defense shall determine the amount needed to be 
appropriated to the Department of Defense for the next fiscal year 
President of U.S. for payments to be made to the Fund under subsection (g). The 
President shall include not less than the full amount so determined 
in the budget transmitted to Congress for the next fiscal year under 
31 use 1105. 
section 1105 of title 31. The President may comment and make 
recommendations concerning any such amount. 
"(6) All determinations under this subsection shall be made using 
methods and assumptions approved by the Board of Actuaries (in-
cluding assumptions of interest rates and inflation) and in accord-
ance with generally accepted actuarial principles and practices. 
"(g)(1) The Secretary of Defense shall pay into the Fund each 
month the amount that, based upon the most recent actuarial 
valuation of the education programs described in subsection (b)(1), is 
equal to the actual total normal cost for the preceding month. 
"(2) The Secretary of Defense shall pay into the Fund at the 
beginning of each fiscal year (or as soon thereafter as appropriations 
are available for such purpose) the sum of the following: 
"(A) The amount of the payment for that year, if any, for the 
amortization of any liability to the Fund resulting from a 
change in benefits, as determined by the Secretary of Defense 
under subsection (f)(3). 
"(B) The amount of the payment for that year, if any, for the 
amortization of any actuarial gain or loss to the Fund, as 
determined by the Secretary of Defense under subsection (f)(4). 
"(3) Amounts paid into the Fund under this subsection shall be 
paid from appropriations available for the pay of members of the 
armed forces under the jurisdiction of the Secretary of a military 
department. 
Securities. 
"(h) The Secretary of the Treasury shall invest such portion of the 
Fund as is not in the judgment, of the Secretary required to meet 
current withdrawals. Such investments shall be in public debt 
securities with maturities suitable to the needs of the Fund, as 
determined by the Secretary, and bearing interest at rates deter-
mined by the Secretary, taking into consideration current market 
yields on outstanding marketable obligations of the United States of 
comparable maturities. The income on such investments shall be 
credited to and form a part of the Fund.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2006. Department of Defense Education Benefits Fund.". 
(b) The first payment into the Department of Defense Education 
Benefits Fund under section 2006 of title 10, United States Code, as 
added by subsection (a), shall be made not later than three months 
after the Board of Actuaries determines the amounts needed to be 
paid into the Fund for that portion of fiscal year 1985 beginning on 
July 1, 1985. The first payment shall be made in a lump sum equal 
to the total of the amounts that would have been paid to the Fund 
each month between July 1, 1985, and the time such first payment is 
made. 
10 use 2006 
note. 
Ante, p. 2568. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2571 
EDUCATIONAL LEAVE OF ABSENCE FOR MEMBERS OF THE ARMED FORCES 
SEC. 707. (a)(1) Chapter 40 of title 10, United States Code, relating 
to leave, is amended by adding at the end thereof the following new 
section: 
"§ 708. Educational leave of absence 
lo use 708. 
"(a) Under such regulations as the Secretary of Defense may 
prescribe after consultation with the Secretary of Transportation 
and subject to subsection (b), the Secretary concerned may grant to 
any eligible member (as defined in subsection (e)) a leave of absence 
for a period of not to exceed two years for the purpose of permitting 
the member to pursue a program of education. 
"(b)(1) A member may not be granted a leave of absence under this 
section unless— 
"(A) in the case of an enlisted member, the member agrees in 
writing to extend his current enlistment after completion (or 
other termination) of the program of education for which the 
leave of absence was granted for a period of two months for each 
month of the period of the leave of absence; and 
"(B) in the case of an officer, the member agrees to serve on 
active duty after completion (or other termination) of the pro-
gram of education for which the leave of absence was granted 
for a period (in addition to any other period of obligated service 
on active duty) of two months for each month of the period of 
the leave of absence. 
"(2) A member may not be granted a leave of absence under this 
section until he has completed any extension of enlistment or 
reenlistment, or any period of obligated service, incurred by reason 
of any previous leave of absence granted under this section. 
"(c)(1) While on a leave of absence under this section, a member 
shall be paid basic pay but may not receive basic allowance for 
quarters or basic allowance for subsistence or any other pay and 
allowances to which he would otherwise be entitled for such period. 
"(2) A period during which a member is on a leave of absence 
under this section shall be counted for the purposes of computing 
the amount of the member's basic pay, for the purpose of determin-
ing the member's eligibility for retired pay, and for the purpose of 
determining the member's time in grade for promotion purposes, but 
may not be counted for the purposes of completion of the term of 
enlistment of the member (in the case of an enlisted member) or for 
purposes of section 1421 of title 38, relating to entitlement to 
Ante, p. 2558. 
supplemental educational assistance. 
"(d)(1) In time of war, or of national emergency declared by the 
President or the Congress after the date of the enactment of this 
section, the Secretary concerned may cancel any leave of absence 
granted under this section. 
"(2) The Secretary concerned may cancel a leave of absence 
granted to a member under this section if the Secretary determines 
that the member is not satisfactorily pursuing the program of 
education for which the leave was granted. 
"(e) In this section, 'eligible member' means a member of the 
armed forces on active duty who is eligible for basic educational 
assistance under chapter 30 of title 38 and who— 
Ante, p. 2553. 
"(1) in the case of an enlisted member, has completed at least 
one term of enlistment and has reenlisted; and 
98 STAT. 2572 
PUBLIC LAW 98-525—OCT. 19, 1984 
Effective date. 
10 u s e 708 note. 
"(2) in the case of an officer, has completed the officer's initial 
period of obligated service on active duty.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"708. Educational leave of absence.". 
(b) Section 708 of title 10, United States Code, as added by 
subsection (a), shall take effect on October 1,1985. 
PRESEPARATION COUNSEUNG 
SEC. 708. (a)(1) Chapter 53 of title 10, United States Code, is 
amended by adding after section 1045 (as added by section 654) the 
following new section: 
1
0 use 1046. 
"§ 1046. Preseparation counseling requirement 
"Upon the discharge or release from active duty of a member of 
the armed forces, the Secretary concerned shall provide for individ-
ual counseling of that member. That counseling shall include a 
discussion of the educational assistance benefits to which the 
member is entitled because of the member's service in the armed 
forces and an explanation of the procedures for and advantages of 
affiliating with the Selected Reserve. A notation of the provision of 
such counseling, signed by the member, shall be placed in the 
service record of each member receiving such counseling.". 
(2) The table of sections at the beginning of that chapter is 
amended by adding after the item relating to section 1045 (as added 
by section 654) the following new item: 
"1046. Preseparation counseling requirement.". 
(b) Section 1046 of title 10, United States Code, as added by 
subsection (a), shall take effect on July 1,1985. 
Effective date. 
10 u s e 1046 
note. 
97 Stat. 672. 
EXTENSION OF PILOT DEPARTMENT OF DEFENSE EDUCATIONAL 
ASSISTANCE LOAN REPAYMENT PROGRAM 
SEC. 709. 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, 1984" and inserting in lieu thereof "October 1, 1986". 
TITLE VIII—CIVIL DEFENSE 
50 u s e app. 
2251-2297. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 801. There is hereby authorized to be appropriated for fiscal 
year 1985 to carry out the provisions of the Federal Civil Defense 
Act of 1950 (50 U.S.C. App. 251 et seq.) the sum of $190,000,000. 
REPEAL OF LIMITATION ON AMOUNTS THAT MAY BE APPROPRIATED FOR 
CERTAIN PURPOSES 
SEC. 802. Section 408 of the Federal Civil Defense Act of 1950 (50 
U.S.C. App. 2260) is amended by striking out ": Provided further" 
and all that follows through "$47,000,000 per annum". 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2573 
TITLE IX—NATIONAL DEFENSE STOCKPILE 
Contracts. 
50 u s e 98d note. 
Effective date. 
President of U.S. 
50 u s e 98d note. 
TERMINATION OF PREVIOUS DISPOSAL AUTHORITY 
SEC. 901. (a) Any authority provided by law before the date of the 
enactment of this Act to enter into contracts for the disposal of 
materials in the National Defense Stockpile established by section 3 
of the Strategic and Critical Materials Stock Piling Act (hereinafter 
in this title referred to as "the Act") (50 U.S.C. 98b) shall expire on 
September 30,1984. 
AUTHORIZATIONS FOR DISPOSAL 
SEC. 902. Effective on October 1, 1984, the President is authorized 
to dispose of the following quantities of materials currently held in 
the National Defense Stockpile in accordance with the provisions of 
the Act, such quantities having been determined to be excess to the 
current requirements of the stockpile: 
(1) 3,200 short tons of antimony. 
(2) 5,600 short tons of asbestos, chrysotile. 
(3) 7,500,000 carats of diamond stones. 
(4) 51,210 short dry tons of manganese dioxide battery 
natural. 
(5) 292,000 short dry tons of metallurgical grade manganese. 
(6) 5,000 flasks of mercury. 
(7) 500,000 pounds of mercuric oxide. 
(8) 1,000,000 pounds of mica, muscovite film first and second 
qualities. 
(9) 1,000,000 pounds of mica, muscovite splittings. 
(10) 50,000 pounds of mica, phlogopite splittings. 
(11) 167 short tons of mica block and lump. 
(12) 100,000 pounds of quartz crystals. 
(13) 10,000,000 troy ounces of silver. 
(14) 125,000 pounds of talc, block and lump. 
(15) 50,()00 pounds of thorium nitrate. 
(16) 20,000 long tons of tin. 
(17) 2,400,000 pounds of tungsten contained in ores. 
(18) 4,200 long tons of vegetable tannin, chestnut. 
(19) 20,000 long tons of vegetable tannin, quebracho. 
RESTRICTIONS ON BALANCE IN STOCKPILE TRANSACTION FUND 
SEC. 903. (a) Section 5(b)(2) of the Act (50 U.S.C. 98d(b)(2)) is 
amended— 
(1) by striking out "a balance" the first place it appears and 
inserting in lieu thereof "an unobligated balance"; and 
(2) by striking out "$1,000,000,000" and all that follows 
through the end and inserting in lieu thereof "$250,000,000.". 
(b) Effective on October 1, 1986, section 50t>)(2) of the Act is Effective date. 
amended by striking out "$250,000,000" and inserting in lieu thereof 
"$100,000,000". 
STOCKPILE REPORT 
SEC. 904. Not later than January 31, 1985, the President shall President o
f us. 
submit to Congress a report respecting the National Defense Stock-
pile. The report shall include— 
(1) a plan for attaining the goals of the stockpile specified in 
section 3(b)(2) of the Act over a three-year period; 
98 STAT. 2574 
PUBLIC LAW 98-525—OCT. 19, 1984 
(2) an analysis as to the appropriateness of placing all aspects 
of the management and operation of the stockpile under a 
single authority, such as the Secretary of Defense; 
(3) an analysis of the adequacy of existing legal authority to 
barter surplus and excess material of the Government and 
excess real property of the Department of Defense for strategic 
and critical materials for the stockpile; 
(4) an analysis of why existing barter authority has not been 
used more aggressively in procuring strategic and critical mate-
rials to meet stockpile goals; and 
(5) a draft of such legislation as may be required to carry out 
any recommendations respecting such plans and analyses. 
DEPOSIT OF FUNDS ACCRUING FROM NAVAL PETROLEUM RESERVES 
50 use 98h note. 
SEC. 905. There shall be deposited into the National Defense 
Stockpile Transaction Fund established under section 9 of the Act 
(50 U.S.C. 98h) 30 percent of all money accruing to the United States 
during fiscal year 1985 from lands in the naval petroleum and oil 
shale reserves (less amounts spent for exploration, development and 
operation of those reserves and related expenses during that period). 
Moneys deposited into the Fund under this subsection shall be 
deemed to have been covered into the Fund under section 9(b) of the 
Act. 
TITLE X—MATTERS RELATING TO NATO AND OTHER 
ALLIES 
SENSE OF CONGRESS RELATING TO INCREASE IN DEFENSE SPENDING BY 
UNITED STATES ALLIES 
22 use 1928 
SEC. 1001. It is the sense of Congress that the President— 
not®- 
(1) should call on the pertinent member nations of the North 
Atlantic Treaty Organization to meet or exceed their pledges for 
an annual increase in defense spending during fiscal years 1984 
and 1985 of at least 3 percent real growth; and 
Japan. 
(2) should Call on Japan to further increase its defense spend-
ing during fiscal years 1984 and 1985; 
in furtherance of increased unity, equitable sharing of the common 
defense burden, and international stability. 
IMPROVEMENTS TO NATO CONVENTIONAL CAPABILITY 
22 use 1928 
SEC. 1002. (a) The Congress 
finds-
note. 
(1) that the North Atlantic Treaty Organization (NATO) 
should improve its conventional defense capability so as to 
lengthen the period of time that Western Europe can be de-
fended by conventional forces without the necessity of resorting 
to the early use of nuclear weapons in the event of a non-
nuclear attack on any NATO member country; 
(2) that fulfillment by NATO member nations of their goals 
and commitments to increase defense spending, improve con-
ventional sustainability, and provide support facilities in West-
ern Europe for rapid reinforcements from the United States is 
crucial to accomplishing that objective; and 
(3) that an increase over current United States military per-
sonnel levels in European member nations of NATO can be 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2575 
justified only if these goals and commitments are substantially 
met by NATO member nations (other than the United States), 
(b) The Congress urges the President and the Secretary of Defense 
Congress. 
to continue to encourage member nations of NATO (other than the 
United States) to work expeditiously to fulfill the following commit-
ments they have undertaken: 
(1) To achieve and maintain an annual increase in their 
defense spending of at least 3 percent, after inflation. 
(2) To acquire a 30-day supply of air and ground munitions 
among those NATO members which have committed forces to 
the Northern, Center, and Southern Regions. 
(3) To construct the number of minimum essential and 
emergency operating facilities and semihardened aircraft shel-
ters in Western Europe required by NATO Ministerial 
Guidance to support, under NATO/SHAPE standards, as a 
minimum, the annual commitment of United States reinforcing 
tactical aircraft. 
(c)(1) After September 30, 1985, none of the funds appropriated 
Prohibition. 
pursuant to an authorization contained in this Act or any other Act 
enacted after the date of the enactment of this Act may be used to 
support an end strength level of members of the Armed Forces of 
the United States assigned to permanent duty ashore in European 
member nations of NATO at any level exceeding a permanent 
ceiling of 326,414. 
(2) If the Secretary of Defense certifies to the Congress in writing 
during any fiscal year after fiscal year 1985 that during the previous 
fiscal year the member nations of NATO (other than the United 
States) have undertaken significant measures to improve their con-
ventional defense capacity consistent with the goals set forth in 
subsection (b) which contributes to lengthening the time period 
between an armed attack on any NATO country and the time the 
Supreme Allied Commander, Europe, would have to request the 
release and use of nuclear weapons, the Congress would give strong 
consideration to authorizing an increase in the permanent ceiling 
prescribed in paragraph (1) for fiscal years after such fiscal year. 
(d)(1) Not later than April 1, 1985, and each year thereafter, the 
Report. 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
status, as of January 1 of the year in which the report is submitted, 
of the following matters: 
(A) The number of days of supply of the ground and aerial 
munitions in hand or on order of the member nations of NATO 
(other than the United States) which have committed forces to 
the Northern, Center, and Southern Regions. 
(B) The number of facilities and semihardened aircraft shel-
ters completed or under construction as they relate to the 
United States commitment of reinforcing aircraft in the United 
States Defense Planning Questionnaire (DPQ) Response of the 
previous year. 
(2)(A) Beginning with the budget submitted to Congress for fiscal Report, 
year 1986, but not later than April 1,1985, and each year thereafter, 
the Secretary of Defense shall submit to Congress a report on the 
status and cost of the United States commitment to NATO as 
reflected in the DPQ Response and in the defense budget request. 
The report shall be an annual update of the Department of Defense 
Report entitled "United States Expenditures in Support of NATO", 
first submitted to the Congress in June 1984 pursuant to section 
98 STAT. 2576 
PUBLIC LAW 98-525—OCT. 19, 1984 
Infra. 
Prohibition. 
Waiver. 
1107 of the Department of Defense Authorization Act, 1984 (Public 
Law 98-94; 97 Stat. 677). In addition to the information required by 
that section, each such report shall include information which 
specifically identifies those items in the Secretary of Defense's 
procurement budget request that are in support of United States 
forces committed to or earmarked for NATO. 
(B) In addition to the requirements of subparagraph (A), the 
Secretary of Defense shall include in the report an assessment of the 
performance of the members of NATO (other than the United 
States) in the following areas: 
(i) Allied contributions to the common defense. 
(ii) Improvement in sustainability and support for United 
States reinforcing tactical aircraft. 
(iii) Meeting NATO force goals. 
(iv) Increasing NATO infrastructure funding. 
(v) Improvements in air base defenses. 
(vi) Increasing trained manpower levels, particularly reserves. 
(vii) Increasing war reserve material. 
(viii) Improving NATO's ability to neutralize enemy follow-on 
forces, including use of emerging technologies. 
(ix) Improvements in mine/counter mine capability. 
(x) Improvements in offensive counter air capability. 
(C) The requirement under clause (i) of subparagraph (B) is satis-
fied in any year by the submission of the report required by section 
1003(c) for that year. 
(e)(1) The Congress finds that a viable "two-way street" of defense 
procurement improves NATO interoperability and therefore is im-
portant to overall improvements in conventional defense. 
(2) In addition to any funds appropriated pursuant to the authori-
zation contained in this Act for the activities of the Director of 
Operational Test and Evaluation, Defense, the Director may use an 
additional amount, not to exceed $50,000,000, to acquire certain 
types of weapons, subsystems, and munitions of European NATO 
manufacture for side-by-side testing with comparable United States 
manufactured items. Such additional amount shall be derived from 
any funds appropriated pursuant to an authorization contained in 
this Act. Items that may be acquired under this paragraph include 
submunitions and dispensers, anti-tank and anti-armor guided mis-
siles, mines, runway-cratering devices, torpedoes, mortar systems, 
light armored vehicles, and high-velocity anti-tank guns. 
(f)(1) This section shall not apply in the event of a declaration of 
war or an armed attack on any NATO member country. 
(2) This section may be waived by the President if he declares an 
emergency and immediately informs the Congress of his action and 
the reasons therefor. 
International 
agreements. 
Japan. 
22 u s e 1928 
note. 
63 Stat. 2241. 
11 UST 1632. 
REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE 
SEC. 1003. (a) In recognition of the increasing military threat faced 
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 
Mutual Cooperation and Security Treaty between Japan and the 
United States on January 19, 1960, it is the sense of the Congress 
that— 
(1) the burdens of mutual defense now assumed by some of the 
countries allied with the United States under those agreements 
are not commensurate with their economic resources; 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2577 
(2) since May 1978, when each member nation of the North 
Atlantic Treaty Organization (NATO) agreed to increase real 
defense spending annually in the range of 3 percent, most 
NATO members, except for the United States, have failed to 
meet the 3 percent real growth commitment consistently; 
(3) since May 1981, when the Government of Japan estab-
lished its policy to defend the air and sea lines of communica-
tion out to 1,000 nautical miles from the coast of Japan, 
progress to develop the necessary self-defense capabilities to 
fulfill that pledge has been extremely disappointing; 
(4) Japan is the ally of the United States with the greatest 
potential for improving its self-defense capabilities and should, 
therefore, rapidly increase its annual defense spending to the 
levels required to fulfill that pledge and to enable Japan to be 
capable of an effective conventional self-defense capability by 
1990, including the capability to carry out its 1,000-mile defense 
policy, a development that would be consonant not only with 
Japan's current prominent position in the family of nations but 
also with its unique sensibilities on the issues of war and peace, 
sensibilities that are recognized and respected by the people of 
the United States; and 
(5) the continued unwillingness of such countries to increase 
their contributions to the common defense to more appropriate 
levels will endanger the vitality, effectiveness, and cohesion of 
the alliances between those countries and the United States. 
(b) It is further the sense of the Congress that the President 
should seek from each signatory country (other than the United 
States) of the two treaties referred to in subsection (a) acceptance of 
international security responsibilities and an agreement to make 
contributions to the common defense which are commensurate with 
the economic resources of such country, including, when appropri-
ate, an increase in host nation support. 
(c) The Secretary of Defense shall submit to the Congress each 
year, not later than March 1, a classified report containing— 
(1) a comparison of the fair and equitable shares of the 
mutual defense burdens of these alliances that should be borne 
by the United States, by other member nations of NATO, and 
by Japan, based upon economic strength and other relevant 
factors, and the actual defense efforts of each nation together 
with an explanation of disparities that currently exist and their 
impact on mutual defense efforts; 
(2) a description of efforts by the United States and the efforts 
of other members of the alliances to eliminate any existing 
disparities; 
(3) projected estimates of the real growth in defense spending 
for the fiscal year in which the report is submitted for each 
NATO member nation; 
(4) a description of the defense-related initiatives undertaken 
by each NATO member nation within the real growth in de-
fense spending of such nation in the fiscal year immediately 
preceding the fiscal year in which the report is submitted; 
(5) an explanation of those instances in which the commit-
ments to real growth in defense spending have not been realized 
and a description of efforts being made by the United States to 
ensure fulfillment of these important NATO commitments; 
(6) a description of the activities of each NATO member and 
Japan to enhance the security and stability of the Southwest 
President of U.S. 
Report. 
98 STAT. 2578 
PUBLIC LAW 98-525—OCT. 19, 1984 
Report. 
Confidentiality. 
Asia region and to assume additional missions for their own 
defense as the United States allocates additional resources to 
the mission of protecting Western interests in world areas not 
covered by the system of Western Alliances; and 
(7) a description of what additional actions the executive 
branch plans to take should the efforts by the United States 
referred to in clauses (2) and (5) fail, and, in those instances 
where such additional actions do not include consideration of 
the repositioning of American troops, a detailed explanation as 
to why such repositioning is not being so considered. 
(d) The Secretary of Defense shall also submit to the Congress not 
more than 30 days after the submission of the report required under 
subsection (a) an unclassified report containing the matters set forth 
in clauses (1) through (7) of such subsection. 
29 UST 1103. 
NATO SEASPARROW COOPERATIVE PROGRAM 
SEC. 1004. The Secretary of the Navy is authorized to continue 
participation, in accordance with current operating procedures, in 
the North Atlantic Treaty Organization SEASPARROW Surface 
Missile System Cooperative Consortium, as described in the Memo-
randum of Understanding between the United States, Denmark, 
Norway, Italy, the Netherlands, Belgium, Canada, Greece, and Fed-
eral Republic of Germany, signed by the United States on June 6, 
1968, and the Memorandum of Understanding between the same 
countries, signed by the United States on May 20,1977. 
International 
agreements. 
10 u s e 2401a. 
Records. 
PROCUREMENT OF COMMUNICATIONS SUPPORT AND RELATED SUPPUES 
AND SERVICES 
SEC. 1005. (a) Chapter 141 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
"§ 2401a. Procurement of communications support and related 
supplies and services 
"(a) As an alternative means of obtaining communications sup-
port and related supplies and services, the Secretary of Defense, 
subject to the approval of the Secretary of State, may enter into an 
arrangement with the Minister of Defense or other appropriate 
official of any allied country or with the North Atlantic Treaty 
Organization (NATO), under which, in return for being provided 
communications support and related supplies and services, the 
United States would agree to provide to such country or NATO an 
equivalent value of communications support and related supplies 
and services. 
"(b) Any arrangement entered into under this section shall re-
quire that any accrued credits and liabilities resulting from an 
unequal exchange of communications support and related supplies 
and services during the term of such arrangement would be liqui-
dated by direct payment to the party having provided the greater 
amount of communications support and related supplies and serv-
ices. Payments received by the United States shall be credited to the 
appropriation from which such communications support and related 
supplies and services have been provided. 
"(c) The Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
copies of all documents evidencing an arrangement entered into 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2579 
under subsection (a) not later than 45 days after entering into such 
an arrangement. 
"(d) In this section, 'allied country' means— 
"(1) a country that is a member of the North Atlantic Treaty 
Organization, or 
(2) Australia, New Zealand, Japan, or the Republic of 
Korea.", 
(b) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2401a. Procurement of communications support and related supplies and services.". 
POUCY ON ARMAMENTS COOPERATION WITH NATO MEMBER COUNTRIES 
SEC. 1006. Not later than May 1, 1985, the Secretary of Defense 
shall transmit to Congress a report setting forth a comprehensive 
proposal by which the United States and other North Atlantic 
TVeaty Organization member countries may achieve the objectives 
described in section 11220)) of the Department of Defense Authoriza-
tion Act, 1983 (Public Law 97-252; 96 Stat. 755). 
AXJTHORITY OF SECRETARY OF DEFENSE IN CONNECTION WITH COOPERA-
TIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE 
SEC. 1007. (a) During fiscal year 1985, the Secretary of Defense 
may carry out the European air defense agreements. In carrying out 
those agreements during that year, the Secretary— 
(1) may provide without monetary charge to the Federal 
Republic of Germany articles and services as specified in the 
agreements; and 
(2) may accept from the Federal Republic of Grermany (in 
return for the articles and services provided under paragraph 
(D) articles and services as specified in the agreements. 
(b) In connection with the administration of the European air 
defense agreements during fiscal year 1985, the Secretary of Defense 
may— 
(1) waive any surcharge for administrative services otherwise 
chargeable under section 21(eXlXA) of the Arms Export Control 
Act (22 U.S.C. 2761(eXlXA)); 
(2) waive any charge not otherwise waived for services associ-
ated with contract administration for the sale under the Arms 
Export Control Act of Patriot air defense missile fire units to 
the Federal Republic of Germany contemplated in the 
Eigreements; 
(3) use, to the extent contemplated in the agreements, the 
NATO Maintenance and Supply Agency (A) for the supply of 
logistic support in Europe for the Patriot missile system, and (B) 
for the acquisition of such logistic support, to the extent that 
the Secretary determines that the procedures of that agency 
governing such supply and acquisition are appropriate; 
(4) share, to the extent contemplated in the agreements, the 
costs of set-up charges of facilities for use by that agency to 
perform depot-level support of Patriot missile fire units in 
Europe; and 
(5) deliver to the Federal Republic of Germany one Patriot 
missile fire unit configured for training, to be purchased by the 
Federal Republic of Germany under the Arms Export Control 
Act as contemplated in the agreements, without regard to the 
Report. 
22 u s e 1928 
note. 
Federal Republic 
of Germany. 
Waiver. 
22 u s e 2751 
note. 
98 STAT. 2580 
PUBLIC LAW 98-525—OCT. 19, 1984 
requirement in section 22 of that Act (22 U.S.C. 2762) for 
payment in advance of delivery for any purchase under that 
Act. 
(c) Notwithstanding the rate required to be charged under section 
22 use 2761. 
21 of the Arms Export Control Act for services furnished by the 
United States, in the case of the 14 Patriot missile fire units which 
the Federal Republic of Germany purchases from the United States 
under that Act as contemplated in the European air defense agree-
ments, the rate charged by the Secretary of Defense for packing, 
crating, handling, and transportation services associated with that 
purchase may not exceed the established Department of Defense 
rate for such services. 
International 
(d) For the purposes of this section, the term "European air 
agreements. 
defense agreements" means (1) the agreement entitled "Agreement 
between the Secretary of Defense of the United States of America 
and the Minister of Defense of the Federal Republic of Germany on 
Cooperative Measures for Enhancing Air Defense for Central 
Europe", signed on December 6,1983, and (2) the agreement entitled 
"Agreement between the Secretary of Defense of the United States 
of America and the Federal Minister of Defense of the Federal 
Republic of Germany in implementation of the 6 December 1983 
Agreement on Cooperative Measures for Enhancing Air Defense for 
Central Europe", signed on July 12,1984. 
Contracts. 
(e) The authority of the Secretary of Defense to enter into con-
tracts under the European air defense agreements is available only 
to the extent that appropriated funds are otherwise available for 
that purpose. 
TITLE XI—MATTERS RELATING TO ARMS CONTROL 
REPORT ON STRATEGIC NUCLEAR SUBMARINE FORCE 
SEC. 1101. Not later than April 1, 1985, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the survivability of the United 
States strategic nuclear ballistic missile submarine force. The report 
shall address whether there are grounds for adjusting, in short or 
long-range terms, strategic force plans of the United States based on 
any vulnerability or potential vulnerability of such force. The report 
shall also examine the feasibility and desirability of enhancing the 
survivability of such force through measures that would affect 
antisubmarine warfare, including the nature of the patrols and the 
rules of engagement of attack submarines and the nature of the 
patrols and the rules of engagement of ballistic missile submarines. 
ANNUAL REPORT ON STRATEGIC DEFENSE PROGRAMS 
10 use 139 note. 
SEC. 1102. At the time of the submission by the Secretary of 
Defense to the Congress of his annual budget presentation materials 
for each fiscal year beginning with fiscal year 1986 and ending with 
fiscal year 1990 (but not later than March 15 of the calendar year in 
which such fiscal year begins), the Secretary of Defense shall trans-
mit to the Committee on Armed Services and the Committee on 
Foreign Affairs of the House of Representatives and the Committee 
on Armed Services and the Committee on Foreign Relations of the 
Senate a report on the programs that constitute the Strategic 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2581 
Defense Initiative and other programs, if any, relating to defense 
against strategic ballistic missiles. Each such report shall include— 
(1) details of all programs and projects included in the Strate-
gic Defense Initiative or relating to defense against strategic 
ballistic missiles; 
(2) a clear definition of the objectives of the Strategic Defense 
Initiative; 
(3) an explanation of the relationship between each such 
objective and each program and project associated with the 
Strategic Defense Initiative or defense against strategic ballistic 
missiles; 
(4) the status of consultations with other member nations of 
the North Atlantic Treaty Organization, Japan, and other ap-
propriate allies concerning research being conducted in the 
Strategic Defense Initiative program; 
(5) a statement of any anticipated impact on the anti-ballistic 
missile treaty; 
(6) consideration of a process by which Congress could review 
Soviet countermeasures to specific Strategic Defense Initiative 
programs and evaluate the adequacy of such programs to re-
spond to such countermeasures; 
(7) details on the funding of programs, projects, and tasks for 
the Strategic Defense Initiative, including— 
(A) prior and current year funding levels for all such 
programs, projects, and tasks in the Strategic Defense Initi-
ative budgetary presentation materials; 
(B) the amount requested to be appropriated for such 
programs, projects, and tasks for the fiscal year for which 
the budget is submitted; and 
(C) the amount programmed to be requested for the 
following fiscal year. 
REPORT ON THEATER NUCLEAR WEAPONS AND FORCE STRUCTURE 
SEC. 1103. Not later than January 19, 1985, the President shall 
President of U.S. 
submit to Congress a report setting forth reasons why the United 
States should or should not initiate a long-term program for the 
renovation of the North Atlantic Treaty Organization (NATO) nu-
clear deterrent in a manner designed to reduce pressures for early 
first use of tactical nuclear weapons and to substantially reduce the 
theater nuclear arsenal to types and numbers of weapons whose 
characteristics make for a more stable and credible force. The report 
(in addition to any other matter covered) should specifically address 
the following issues: 
(1) Whether NATO should not eliminate its reliance on short-
range battlefield nuclear weapons (such as the atomic demoli-
tion bomb and 155-millimeter and 8-inch nuclear artillery 
rounds), the exposure of which to early loss from enemy action 
promotes pressures for early use. 
(2) Whether NATO should not refurbish its nuclear deterrent 
by designing and deploying specific dedicated nuclear launchers 
of a range which permits the coverage of all potential targets 
from locations in the rear of the European NATO territory in 
the territory of the Warsaw Pact short of the territory of the 
49 Stat. 3000. 
Soviet Union, thereby reducing pressure from enemy action for 
early first use of nuclear weapons. 
98 STAT. 2582 
PUBLIC LAW 98-525—OCT. 19, 1984 
(3) Whether NATO should not, as a consequence of a change 
in poHcy described in paragraph (2), eliminate its inventory of 
dual-capable nuclear/conventional weapons in order to allow 
early use of artillery, aircraft, and surface-to-surface missiles 
for conventional missions rather than causing them to be with-
held for possible nuclear use. 
(4) Whether NATO should not place control and operation of 
tactical nuclear weapons in a single specialized command estab-
lished for that purpose so that all other NATO force elements 
could be free to concentrate on pursuing conventional military 
missions with maximum efficiency. 
REPORT ON WITHDRAWAL OF TACTICAL NUCLEAR WARHEADS FROM 
EUROPE 
President of U.S. 
SEC. 1104. The President shall submit a report to Congress not 
later than 90 days after the final decision is made (based upon the 
recommendations of the Supreme Allied Commander, Europe) re-
garding the net reduction to be made by the United States in the 
number of tactical nuclear warheads in the territory of North 
Atlantic Treaty Organization European member nations pursuant 
to the decision of the Nuclear Planning Group of the North Atlantic 
Treaty Organization of October 17,1983. The report shall— 
(1) specify the types of warheads to be withdrawn in accord-
ance with that decision, the number of each such warhead to be 
withdrawn, the schedule for the withdrawal, and the rationale 
for the selection of the particular warheads to be withdrawn; 
and 
(2) any changes in force structure to be made resulting from 
the changes in the tactical nuclear warheads positioned in 
Europe. 
President of U.S. 
Intercontinental 
ballistic missiles. 
President of U.S. 
REPORT ON UNITED STATES COUNTERFORCE CAPABIUTY 
SEC. 1105. (a) Not later than April 15, 1985, the President shall 
submit to Congress a report discussing the required strategic couh-
terforce capability consistent with existing United States policy. 
(b) The report under subsection (a) shall be developed taking into 
consideration current and proposed United States intercontinental 
ballistic missiles having an accuracy on the order of the MX missile 
(including specifically the MX missile, the D-5 Trident missile, and 
the small single-warhead missile) intended to be procured for United 
States strategic force modernization and the rationale for the over-
all counterforce capability that would be attained as a cumulative 
result of those procurements. The President shall include in the 
report a specific definition of what United States counterforce capa-
bility would constitute a so-called "first-strike capability" against 
the Soviet Union. 
(c) The report shall also include an assessment of corresponding 
Soviet counterforce and first-strike capabilities. 
TRANSMITTAL TO CONGRESS OF REPORT ON SOVIET COMPLIANCE WITH 
ARMS CONTROL AGREEMENTS 
SEC. 1106. (a) Not later than 30 days after the date of the enact-
ment of this Act, the President shall transmit to Congress the text of 
the report by the General Advisory Committee on Arms Control of 
the Arms Control and Disarmament Agency entitled "A Quarter 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2583 
Century of Soviet Compliance Practices Under Arms Control Com-
mitments: 1958-1983 (U)", dated November 1983. If the President 
determines that that report contains material the release of which 
to Congress would compromise United States intelligence sources, 
methods of intelligence gathering, or the national security of the 
United States, the President may furnish the text of such report 
after deleting or modifying such compromising material. 
(b) Not later than 60 days after the date of the enactment of this 
Act, the President shall transmit to Congress an unclassified version 
of the report described in subsection (a). 
Public 
information. 
Confidentiality. 
President of U.S. 
REPORT ON NUCLEAR WINTER FINDINGS AND POLICY IMPLICATIONS 
SEC. 1107. (a) The Secretary of Defense shall participate in any 
comprehensive study of the atmospheric, climatic, environmental, 
and biological consequences of nuclear war and the implications 
that such consequences have for the nuclear weapons strategy and 
policy, the arms control policy, and the civil defense policy of the 
United States. 
(b) Not later than March 1, 1985, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives an unclassified report suitable for release 
to the public, together with classified addenda (if required), concern-
ing the subject described in subsection (a). The Secretary shall 
include in such report the following: 
(1) A detailed review and assessment of the current scientific 
studies and findings on the atmospheric, climatic, environmen-
tal, and biological consequences of nuclear explosions and 
nuclear exchanges. 
(2) A thorough evaluation of the implications that such stud-
ies and findings have on (A) the nuclear weapons policy of the 
United States, especially with regard to strategy, targeting, 
planning, command, control, procurement, and deployment, (B) 
the nuclear arms control policy of the United States, and (C) the 
civil defense policy of the United States. 
(3) A discussion of the manner in which the results of such 
evaluation of policy implications will be incorporated into the 
nuclear weapons, arms control, and civil defense policies of the 
United States. 
(4) An analysis of the extent to which current scientific 
findings on the consequences of nuclear explosions are being 
studied, disseminated, and used in the Soviet Union. 
Study. 
Public 
information. 
Confidentiality. 
SENSE OF THE CONGRESS RELATING TO THE ESTABLISHMENT OF 
NUCLEAR RISK REDUCTION CENTERS IN THE UNITED STATES AND THE 
SOVIET UNION 
SEC. 1108. (a) The Congress makes the following findings: 
(1) An increasing number of scenarios (including misjudg-
ment, miscalculation, misunderstanding, possession of nuclear 
arms by a terrorist group or a State sponsored threat) could 
precipitate a sudden increase in tensions and the risk of a 
nuclear confrontation between the United States and the 
Soviet Union, situations that neither side anticipates, intends, 
or desires. 
98 STAT. 2584 
PUBLIC LAW 98-525—OCT. 19, 1984 
President of U.S. 
Communications 
and 
telecommunica-
tions. 
(2) There has been a steady proliferation throughout the 
world of the knowledge, equipment, and materials necessary to 
fabricate nuclear weapons. 
(3) Such proliferation of nuclear capabilities suggests an in-
creasing potential for nuclear terrorism, the cumulative risk of 
which, considering potential terrorist groups and other threats 
over a period of years into the future, may be great. 
(4) Current communications links represent equipment of the 
1960's and as such are relatively outdated and Umited in their 
capabilities. 
(5) The President, responding to congressional initiatives, 
proposed the establishment of additional and improved commu-
nications links between the United States and the Soviet Union 
and other measures to reduce the risk of nuclear confrontation, 
and has initiated discussions at a working level with the Soviet 
Union pertaining to— 
(A) the addition of a high speed facsimile capability to the 
direct communication link (hotline); 
(B) the creation of a joint military communications link 
between the Department of Defense and the Soviet Defense 
Ministry; and 
(C) the establishment by the Governments of the United 
States and Soviet Union of high-rate data communication 
links between each nation and its embassy in the other 
nation's capital. 
(6) The establishment of nuclear risk reduction centers in 
Washington and Moscow could reduce the risk of increased 
tensions and nuclear confrontations, thereby enhancing the 
security of both the United States and the Soviet Union. 
(7) These centers could serve a variety of functions, 
including— 
(A) discussing procedures to be followed in the event of 
possible incidents involving the use of nuclear weapons by 
third parties; 
(B) maintaining close contact during nuclear threats or 
incidents precipitated by third parties; 
(C) exchanging information on a voluntary basis concern-
ing events that might lead to the acquisition of nuclear 
weapons, materials, or equipment by subnational groups; 
(D) exchanging information about United States-Union of 
Soviet Socialist Republics military activities which might 
be misunderstood by the other party during periods of 
mounting tensions; and 
(E) establishing a dialog about nuclear doctrines, forces, 
and activities. 
(8) The continuing and routine implementation of these vari-
ous activities could be facilitated by the establishment within 
each Grovernment of facilities, organizations, and bureaucratic 
relationships designated for these purposes, such as risk reduc-
tion centers, and by the appointment of individuals responsible 
to the respective head of state with responsibilities to manage 
such centers. 
(b) The Congress— 
(1) commends the President for his announced support for the 
confidence building measures described in subsection (a) and his 
initiation of negotiations which have occurred; and 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2585 
(2) urges the President to pursue negotiations on these meas-
ures with the Government of the Soviet Union and to add to 
these negotiations the estabUshment of nuclear risk reduction 
centers in both nations to be operated under the direction of the 
appropriate diplomatic and defense authorities. 
SENSE OF CONGRESS REGARDING A REPORT TO CONGRESS ON CERTAIN 
VERIFICATION PROGRAMS RELATING TO BIOLOGICAL AND CHEMICAL 
WEAPONS 
SEC. 1109. (a) The Congress makes the following findings: 
(1) The Iran-Iraq war has recently demonstrated a marked 
increase in the proliferation of technology on the production of 
chemical weapons and an increase in the willingness of nations 
to use such weapons in armed conflict. 
(2) The President's Report to Congress on Soviet Arms Control 
Noncompliance concluded that the Soviet Union has refused to 
respond adequately to United States concerns about the trans-
fer or use by the Soviet Union of lethal chemical warfare agents 
in Laos, Kampuchea, and Afghanistan and United States con-
cerns about adherence by the Soviet Union to the 1972 Biologi-
cal and Toxin Weapons Convention. 
(3) Experts at the recent annual meeting of the American 
Association for the Advancement of Science and at the First 
World Congress on New Compounds in Biological and Chemical 
Warfare held at Ghent, Belgium, emphasized that better verifi-
cation of the use of chemical weapons and of the development of 
biological and toxin weapons was essential to strengthen the 
1972 Biological and Toxin Weapons Convention and the Geneva 
Protocol of 1925. 
(4) The 1972 Biological and Toxin Weapons Convention is 
scheduled for review in 1985. 
(5) The United States is anxious to promote and strengthen 
adherence to the Geneva Protocol of 1925 and the 1972 Biologi-
cal and Chemical Weapons Convention and is vigorously pursu-
ing a comprehensive, verifiable, international agreement to ban 
chemical weapons. 
(6) Any comprehensive agreement intended to ban the produc-
tion, storage, and transfer of chemical weapons must provide for 
effective measures of verification and enforcement and in order 
for the 1972 Biological and Toxin Weapons Convention to be 
effective, compliance with the terms of the convention must be 
verifiable; and 
(7) The Congress must be well informed regarding existing 
and planned programs for verifying compliance with the 1972 
Biological and Toxin Weapons Convention and with a chemical 
weapons ban agreement. 
(b) It is the sense of Congress that the President should submit to 
the Committee on Foreign Relations and the Select Committee on 
Intelligence of the Senate and to the Committee on Foreign Affairs 
and the Permanent Select Committee on Intelligence of the House 
of Representatives 
a 
comprehensive 
report 
identifying 
and 
evaluating— 
(1) existing and planned programs to support verification 
requirements necessary to determine compliance with the 1972 
Biological and Toxin Weapons Convention and a chemical 
weapons ban; and 
Iran-Iraq war. 
President of U.S. 
26 UST 583. 
26 UST 571. 
98 STAT. 2586 
PUBLIC LAW 98-525—OCT. 19, 1984 
(2) the budget resources necessary to support verification 
requirements necessary to determine compliance with the 1972 
26 UST 583. 
Biological and Toxin Weapons Convention and a chemical 
weapons ban. 
(c) The President is requested to submit the report referred to in 
subsection (b) to the committees referred to in such subsection not 
later than December 31,1984. 
SENSE OF CONGRESS EXPRESSING SUPPORT FOR UNITED STATES TO 
PURSUE OUTSTANDING ARMS CONTROL COMPLIANCE 
SEC. 1110. (a) The Congress makes the following findings: 
(I) It is a vital security objective of the United States to limit 
the Soviet nuclear threat against the United States and its 
allies. 
President of U.S. 
(2) The President has declared that "as for existing strategic 
arms agreements, we will refrain from actions which undercut 
them so long as the Soviet Union shows equal restraint". 
(3) The United States has legitimate concerns about certain 
Soviet actions and behavior relevant to limitations and other 
provisions of existing strategic arms agreements. 
President of U.S. 
(4) The President has declared that "the United States will 
continue to press compliance issues with the Soviet Union 
through diplomatic channels, and to insist upon explanations, 
clarifications, and corrective actions". 
(5) The President has also declared that "the United States is 
continuing to carry 
out its obligations under 
relevant 
agreements". 
(6) It would be detrimental to the security interests of the 
United States and its allies and to international peace and 
stability for the last remaining limitations on strategic offensive 
nuclear weapons to break down or lapse before replacement by 
a new strategic arms control agreement between the United 
States and the Soviet Union. 
(7) The continuation of existing restraints on strategic offen-
sive nuclear arms would provide an atmosphere more conducive 
to achieving an agreement significantly reducing the levels of 
nuclear arms. 
(8) The Soviet Union has not agreed to a date for resumption 
of the nuclear arms talks in Geneva, and it is incumbent on the 
Soviet Union to return to the negotiating table. 
(9) A termination of existing restraints on strategic offensive 
nuclear weapons could make the resumption of negotiations 
more difficult. 
(10) Both sides have, to date, abided by important numerical 
and other limits contained in existing strategic offensive arms 
agreements, including dismantling operational missile-firing 
submarines and remaining within the ceilings on multiple-
warhead missile launchers and other related limits. 
(II) It is in the interest of the United States and its allies for 
the Soviet Union to continue to dismantle older missile-firing 
submarines as new ones are deployed and to continue to remain 
at or below a level of 820 launchers of intercontinental ballistic 
missiles with multiple independently targeted reentry vehicles, 
1,200 launchers of intercontinental ballistic missiles with multi-
ple independently targeted reentry vehicles and submarine 
launched ballistic missiles, and 1,320 launchers of interconti-
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2587 
nental ballistic missiles with multiple independently targeted 
reentry vehicles and submarine launched ballistic missiles and 
heavy bombers equipped with air launched cruise missiles, 
and other related limits in existing strategic offensive arms 
agreements, 
(b) In view of these findings, it is the sense of Congress that— 
(1) the United States should vigorously pursue with the Soviet 
Union the resolution of concerns over compliance with existing 
strategic and other arms control agreements and should seek 
corrective actions, where appropriate, through the Standing 
Consultative Commission 
and 
other 
available 
diplomatic 
channels; 
(2) the United States should, through December 31, 1985, 
continue to pursue its stated policy to refrain from undercutting 
the provisions of existing strategic offensive arms agreements so 
long as the Soviet Union refrains from undercutting the provi-
sions of those agreements, or until a new strategic offensive 
arms agreement is concluded; 
(3) the President should provide a report to the Congress in 
both classified and unclassified forms reflecting additional find-
ings regarding Soviet adherence to such a no-undercut policy, 
by February 15,1985; 
(4) the President shall provide to Congress on or before 
June 1,1985, a report that— 
(A) describes the implications of the United States Ship 
Alaska's sea trials, both with and without the concurrent 
dismantling of older launchers of missiles with multiple 
independently targeted reentry vehicles, for the current 
United States no-undercut policy on strategic arms and 
United States security interests more generally; 
(B) assesses possible Soviet political, military, and negoti-
ating responses to the termination of the United States 
no-undercut policy; 
(C) reviews and assesses Soviet activities with respect to 
existing strategic offensive arms agreements; and 
(D) makes recommendations regarding the future of 
United States interim restraint policy; and 
(5) the President should carefully consider the impact of any 
change to this current policy regarding existing strategic offen-
sive arms agreements on the long-term security interests of the 
United States and its allies and should consult with the Con-
gress before making any change in current policy. 
President of U.S: 
Report. 
Confidentiality. 
President of U.S. 
Report. 
POLICY ON THE STATUS OF CERTAIN TREATIES TO PREVENT NUCLEAR 
TESTING 
SEC. 1111. (a) The Senate makes the following findings: 
(1) The United States is committed in the Limited Test Ban 
Treaty of 1963 and in the Non-Proliferation Treaty of 1968 to 
seek to achieve the discontinuance of all test explosions of 
nuclear weapons for all time. 
(2) A comprehensive test ban treaty would promote the 
security of the United States by constraining the United States-
Soviet nuclear arms competition and by strengthening efforts to 
prevent the proliferation of nuclear weapons. 
(3) The Threshold Test Ban Treaty was signed in 1974 and the 
Peaceful Nuclear Explosions Treaty was signed in 1976, and 
14 UST 1313. 
21 UST 483. 
98 STAT. 2588 
PUBLIC LAW 98-525—OCT. 19, 1984 
President of U.S. 
Report. 
both have yet to be considered by the full Senate for its advice 
and consent to ratification. 
(4) The entry into force of the Peaceful Nuclear Explosions 
Treaty and the Threshold Test Ban Treaty will ensure full 
implementation of significant new verification procedures and 
so make completion of a comprehensive test ban treaty more 
probable. 
(5) A comprehensive test ban treaty must be adequately 
verifiable, and significant progress has been made in methods 
for detection of underground nuclear explosions by seismologi-
cal and other means. 
(6) At present, negotiations are not being pursued by the 
United States and the Soviet Union toward completion of a 
comprehensive test ban treaty. 
(7) The past five administrations have supported the achieve-
ment of a comprehensive test ban treaty. 
(b) It is the sense of the Senate that at the earliest possible date, 
the President should— 
(1) request advice and consent of the Senate to ratification 
(with a report containing any plans the President may have to 
negotiate supplemental verification procedures, or if the Presi-
dent believes it necessary, any understanding or reservation on 
the subject of verification which should be attached to the 
treaty) of the Threshold Test Ban and Peaceful Nuclear Explo-
sions Treaties, signed in 1974 and 1976, respectively; and 
(2) propose to the Soviet Union the immediate resumption of 
negotiations toward conclusion of a verifiable comprehensive 
test ban treaty. 
(c) In accordance with international law, the United States shall 
have no obligation to comply with any bilateral arms control agree-
ment with the Soviet Union that the Soviet Union is violating. 
Defense 
Procurement 
Reform Act of 
1984. 
TITLE XII—PROCUREMENT POLICY REFORM AND OTHER 
PROCUREMENT MATTERS 
PART A—SHORT TITLE AND CONGRESSIONAL FINDINGS 
SHORT TITLE 
1
0 use 2301 
SEC. 1201. This title may be cited as the "Defense Procurement 
note. 
Reform Act of 1984". 
Contracts. 
10 u s e 2301 
note. 
CONGRESSIONAL FINDINGS AND POLICY 
SEC. 1202. The Congress finds that recent disclosures of excessive 
payments by the Department of Defense for replenishment parts 
have undermined confidence by the public and Congress in the 
defense procurement system. The Secretary of Defense should make 
every effort to reform procurement practices relating to replenish-
ment parts. Such efforts should, among other matters, be directed to 
the elimination of excessive pricing of replenishment spare parts 
and the recovery of unjustified payments. Specifically, the Secretary 
should— 
(1) direct that officials in the Department of Defense refuse to 
enter into contracts unless the proposed prices are fair and 
reasonable; 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2589 
(2) continue and accelerate ongoing efforts to improve defense 
contracting procedures in order to encourage effective competi-
tion and assure fair and reasonable prices; 
(3) direct that replenishment parts be acquired in economic 
order quantities and on a multiyear basis whenever feasible, 
practicable, and cost effective; 
(4) direct that standard or commercial parts be used whenever 
such use is technically acceptable and cost effective; 
(5) vigorously continue reexamination of policies relating to 
acquisition, pricing, and management of replenishment parts 
and of technical data related to such parts; and 
(6) ensure that persons that have developed products or proc-
esses offered or to be offered for sale to the public are not 
required, as a condition for the procurement of such products or 
processes by the Department of Defense, to provide to the 
United States technical data relating to the design, develop-
ment, or manufacture of such products or processes (except for 
such data as may be necessary for the United States to operate 
and maintain the product or use the process if obtained by the 
United States as an element of performance under the 
contract). 
PART B—AMENDMENTS TO CHAPTER 137 OF TITLE 10, UNITED STATES 
CODE 
DEFINITIONS 
SEC. 1211. Section 2302 of title 10, United States Code, is amended 
by adding at the end thereof the following new paragraphs: 
"(4) 'Technical data' means recorded information (regardless 
of the form or method of the recording) of a scientific or 
technical nature (including computer software documentation) 
relating to supplies procured by an agency. Such term does not 
include computer software or financial, administrative, cost or 
pricing, or management data or other information incidental to 
contract administration. 
"(5) 'Major system' means a combination of elements that will 
function together to produce the capabilities required to fulfill a 
mission need. The elements may include hardware, equipment, 
software or any combination thereof, but excludes construction 
or other improvements to real property. A system shall be 
considered a major system if (A) the Department of Defense is 
responsible for the system and the total expenditures for re-
search, development, test, and evaluation for the system are 
estimated to be more than $75,000,000 (based on fiscal year 1980 
constant dollars) or the eventual total expenditure for procure-
ment of more than $300,000,000 (based on fiscal year 1980 
constant dollars); (B) a civilian agency is responsible for the 
system and total expenditures for the system are estimated to 
exceed $750,000 (based on fiscal year 1980 constant dollars) or 
the dollar threshold for a 'major system' established by the 
agency pursuant to Office of Management and Budget (0MB) 
Circular A-109, entitled 'Major Systems Acquisitions', which-
ever is greater; or (C) the system is designated a 'major system' 
by the head of the agency responsible for the system.". 
98 STAT. 2590 
PUBLIC LAW 98-525—OCT. 19, 1984 
Effective date. 
Federal 
Register, 
publication. 
Post, p. 3077. 
10 u s e 2303a. 
Effective date. 
10 u s e 2303a 
note. 
PUBLICATION OF PROPOSED REGULATIONS 
SEC. 1212. (a) Chapter 137 of title 10, United States Code, is 
amended by inserting after section 2303 the following new section: 
*'§ 2303a. Publication of proposed regulations 
"(a) Except as provided in subsection (d), a procurement policy, 
regulation, procedure, or form (including amendments or modifica-
tion thereto) that (1) has a significant effect beyond the internal 
operating procedures of the agency issuing the procurement policy, 
regulation, procedure, or form, or (2) has a significant cost or 
administrative impact on contractors or offerors may not take effect 
until 30 days after the procurement policy, regulation, procedure, or 
form is published for public comment in the Federal Register pursu-
ant to subsection (b). 
"Ob) Subject to subsection (c), the head of the agency shall cause to 
be published in the Federal Register a notice of the proposed 
procurement policy, regulation, procedure, or form and provide for a 
public comment period for receiving and considering the views of all 
interested parties on such proposal. The length of such comment 
period may not be less than 30 days. 
"(c) Any notice of a proposed procurement policy, regulation, 
procedure, or form prepared for publication in the Federal Register 
shall include— 
"(1) in a format required for publication in the Federal Regis-
ter, the text of the proposal or, if it is impracticable to publish 
the full text of the proposal, a summary of the proposal and a 
statement specifying the nemie and address of the officer or 
employee of the executive agency from whom the full text may 
be obtained; and 
"(2) a request for interested parties to submit comments on 
the proposal and shall include the name and address of the 
officer or employee of the Government designated to receive 
such comments. 
"(d)(1) The requirements of subsections (a) and O
t
)
) may be waived 
by the officer of the agency authorized to issue a procurement 
policy, regulation, procedure, or form if circumstances make compli-
ance with such requirements impracticable. 
"(2) A procurement policy, regulation, procedure, or form with 
respect to which the requirements of 
subsections (a) and (b) are waived 
under paragraph (1) shall be effective on a temporary basis i
f
— 
"(A) a notice of such procurement policy, regulation, proce-
dure, or form is published in the Federal Register and includes 
a statement that the procurement policy, regulation, procedure, 
or form is temporary; and 
"(B) provision is made for a public comment period of 30 days 
beginning on the date on which the notice is published. 
After considering the comments received, the head of the agency 
waiving the requirements of subsections (a) and (b) under paragraph 
(1) may issue the final procurement policy, regulation, procedure, or 
form.". 
(b) The amendment made by subsection (a) shall take effect with 
respect to procurement policies, regulations, procedures, or forms 
first proposed to be issued by an agency on or after the date which is 
30 days after the date of enactment of this Act. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2591 
PLANNING FOR PROCUREMENT OF SUPPLIES AND FOR FUTURE 
COMPETITION 
SEC. 1213. (a) Section 2305 of title 10, United States Code, is 
Contracts, 
amended by adding at the end thereof the following new 
subsections: 
"(c) The Secretary of Defense shall ensure that before a contract 
for the delivery of supplies to the Department of Defense is entered 
into— 
"(1) when the appropriate officials of the Department are 
making an assessment of the most advantageous source for 
acquisition of the supplies (considering quality, price, delivery, 
and other factors), there is a review of the availability and cost 
of each item of supply— 
"(A) through the supply system of the Department of 
Defense; and 
"(B) under standard Government supply contracts, if the 
item is in a category of supplies defined under regulations 
of the Secretary of Defense as being potentially available 
under a standard Government supply contract; and 
"(2) there is a review of both the procurement history of the 
item and a description of the item, including, when necessary 
for an adequate description of the item, a picture, drawing, 
diagram, or other graphic representation of the item. 
"(d)(lXA) The Secretary of Defense shall ensure that, in preparing 
a solicitation for the award of a development contract for a major 
system, the head of an agency consider requiring in the solicitation 
that an offeror include in its offer proposals described in subpara-
graph (B). In determining whether to require such proposals, the 
head of the agency shall give due consideration to the purposes for 
which the system is being procured and the technology necessary to 
meet the system's required capabilities. If such proposals are re-
quired, the head of the agency shall consider them in evaluating the 
offeror's price. 
"(B) The proposals that the head of an agency is to consider 
requiring in a solicitation for the award of a development contract 
are the following: 
"(i) Proposals to incorporate in the design of the major system 
items which are currently available within the supply system of 
the Federal agency responsible for the major system, available 
elsewhere in the national supply system, or commercially avail-
able from more than one source. 
"(ii) With respect to items that are likely to be required in 
substantial quantities during the system's service life, proposals 
to incorporate in the design of the major system items which 
the United States will be able to acquire competitively in the 
future. 
"(2)(A) The Secretary of Defense shall ensure that, in preparing a 
solicitation for the award of a production contract for a major 
system, the head of an agency consider requiring in the solicitation 
that an offeror include in its offer proposals described in subpara-
graph (B). In determining whether to require such proposals, the 
head of the agency shall give due consideration to the purposes for 
which the system is being procured and the technology necessary to 
meet the system's required capabilities. If such proposals are re-
quired, the head of the agency shall consider them in evaluating the 
offeror's price. 
98 STAT. 2592 
PUBLIC LAW 98-525—OCT. 19, 1984 
Effective date. 
10 u s e 2305 
note. 
"(B) The proposals that the head of an agency is to consider 
requiring in a solicitation for the award of a production contract are 
proposals identifying opportunities to ensure that the United States 
will be able to obtain on a competitive basis items procured in 
connection with the system that are likely to be reprocured in 
substantial quantities during the service life of the system. Pro-
posals submitted in response to such requirement may include the 
following: 
"(i) Proposals to provide to the United States the right to use 
technical data to be provided under the contract for competitive 
reprocurement of the item, together with the cost to the United 
States, if any, of acquiring such technical data and the right to 
use such data. 
"(ii) Proposals for the qualification or development of multi-
ple sources of supply for the item. 
"(3) If the head of an agency is making a noncompetitive award of 
a development contract or a production contract for a major system, 
the factors specified in paragraphs (1) and (2) to be considered in 
evaluating an offer for a contract may be considered as objectives in 
negotiating the contract to be awarded.". 
(b) The amendment made by subsection (a) shall take effect at the 
end of the 180-day period beginning on the date of the enactment of 
this Act. 
DELEGATION OF CERTAIN PROCUREMENT FUNCTIONS 
Contracts. 
SEC. 1214. Soction 2311 of title 10, United States Code, is 
Ante, p. 1194. 
amended— 
(1) by inserting "(a)" before "Except as provided in"; and 
(2) by adding at the end thereof the following new subsection: 
"ObXD The head of a procuring activity of an agency named in 
section 2303 of this title may delegate (subject to his direction) to 
any general or flag officer, to any civilian officer or employee 
serving in a position in grade GS-16 or above under the General 
5 use 5332. 
Schedule (or in a comparable or higher position under another 
schedule), or to the head of a contracting office any authority of the 
head of the procuring activity to enter into a contract (or to approve 
the authority to enter into a contract) that is a sole-source contract 
or that results from an unsolicited proposal. 
"(2) Any report required to be submitted by the head of an agency 
to Congress concerning contracts (or negotiations for contracts) 
above a certain dollar threshold that are sole-source contracts or 
that result from unsolicited proposals and that are entered into 
without the approval of certain officials of the procuring activity 
concerned need not specify a contract or negotiation above the 
stated amount if the head of the procuring activity, his deputy, or a 
person to whom authority was delegated under paragraph (1) ap-
proved the authority to enter into the contract.". 
PERSONNEL EVALUATIONS TO INCLUDE EMPHASIS ON COMPETITION AND 
COST SAVINGS 
SEC. 1215. Chapter 137 of title 10, United States Code, is amended 
by adding at the end thereof the following new section: 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2593 
"§ 2317. Encouragement of competition and cost savings 
"The Secretary of Defense shall establish procedures to ensure 
that personnel appraisal systems of the Department of Defense give 
appropriate recognition to efforts to increase competition and 
achieve cost savings in areas relating to contracts covered by this 
chapter.". 
IMPROVED PROCUREMENT PROCEDURES 
SEC. 1216. (a) Chapter 137 of title 10, United States Code, is 
amended by adding after section 2317 (as added by section 1215 of 
this Act) the following new sections: 
10 use 2317. 
10 use 2318. 
"§ 2318. Advocates for competition 
"(a)(1) In addition to the advocates for competition established or 
designated pursuant to section 20(a) of the Office of Federal Procure-
ment Policy Act, the Secretary of Defense shall designate an officer 
Ante, p. 1195. 
or employee of the Defense Logistics Agency to serve as the advocate 
for competition of the agency. 
"(2) The advocate for competition of the Defense Logistics Agency 
shall carry out the responsibilities and functions provided for in 
sections 20(b) and 20(c) of the Office of Federal Procurement Policy 
Act. 
"(b) Each advocate for competition of an agency named in section 
2303(a) of this title shall be a general or flag officer if a member of 
the armed forces or a grade GS-16 or above under the General 
Schedule (or in a comparable or higher position under another 
5 USC 5332. 
schedule), if a civilian employee and shall be designated to serve for a 
minimum of two years. 
"(c) Each advocate for competition of an agency of the Department 
Report, 
of Defense shall transmit to the Secretary of Defense a report 
describing his activities during the preceding year. The report of 
each advocate for competition snail be included in the annual report 
of the Secretary of Defense required by section 21 of the Office of 
Federal Procurement Policy Act, in the form in which it 
submitted to the Secretary. 
"§ 2319. Encouragement of new competitors 
"(a) In this section, 'qualification requirement' means a require-
ment for testing or other quality assurance demonstration that must 
be completed by an offeror before award of a contract. 
"(b) Except as provided in subsection (c), the head of the agency 
shall, before establishing a qualification requirement— 
"(1) prepare a written justification stating the necessity for 
establishing the qualification requirement and specify why the 
qualification requirement must be demonstrated before contract 
award; 
"(2) specify in writing and make available to a potential 
offeror upon request all requirements which a prospective of-
feror, or its product, must satisfy in order to become qualified, 
such requirements to be limited to those least restrictive to 
meet the purposes necessitating the establishment of the quali-
fication requirement; 
"(3) specify an estimate of the costs of testing and evaluation 
likely to be incurred by a potential offeror in order to become 
qualified; 
"(4) ensure that a potential offeror is provided, upon request 
and on a reimbursable basis, a prompt opportunity to demon-
strate its ability to meet the standards specified for qualification 
w a s 
Ante, p. 1195. 
Contracts. 
10 USC 2319. 
98 STAT. 2594 
PUBLIC LAW 98-525—OCT. 19, 1984 
using qualified personnel and facilities of the agency concerned 
or of another agency obtained through interagency agreement, 
or under contract, or other methods approved by the agency 
(including use of approved testing and evaluation services not 
provided under contract to the agency); 
"(5) if testing and evaluation services are provided under 
contract to the agency for the purposes of clause (4), provide to 
the extent possible that such services be provided by a contrac-
tor who is not expected to benefit from an absence of 
additional qualified sources and who shall be required in such 
contract to adhere to any restriction on technical data asserted 
by the potential offeror seeking qualification; and 
"(6) ensure that a potential offeror seeking qualification is 
promptly informed as to whether qualification is attained and, 
in the event qualification is not attained, is promptly furnished 
specific information why qualification was not attained. 
"(c)(1) Subsection (b) of this section does not apply with respect to a 
qualification requirement established by statute or administrative 
action before the date of the enactment of the Defense Procurement 
Ante, p. 2588. 
Reform Act of 1984 unless such requirement is a qualified products 
list. 
Waiver. 
"(2)(A) Except as provided in subparagraph (B), if it is unreasonable 
to specify the standards for qualification which a prospective offeror 
or its product must satisfy, a determination to that effect shall be 
submitted to the advocate for competition of the procuring activity 
responsible for the purchase of the item subject to the qualification 
requirement. After considering any comments of the advocate for 
competition reviewing such determination, the head of the purchas-
ing office may waive the requirements of clauses (2) through (6) of 
subsection (b) for up to two years with respect to the item subject to 
the qualification requirement. 
"(B) The waiver authority provided in this paragraph does not 
apply with respect to a qualified products list. 
"(3) A potential offeror may not be denied the opportunity to 
submit and have considered an offer for a contract solely because 
the potential offeror (A) is not on a qualified bidders list, qualified 
manufacturers list, or qualified prodiicts list, or (B) has not been 
identified as meeting a qualification requirement established after 
the date of the enactment of the Defense Procurement Reform Act of 
1984 if the potential offeror can demonstrate to the satisfaction of 
the contracting officer that the potential offeror or its product meets 
the standards established for qualification or can meet such stand-
ards before the date specified for award of the contract. 
"(4) Nothing contained in this subsection requires the referral of 
an offer to the Small Business Administration pursuant to section 
15 use 637. 
8(b)(7) of the Small Business Act if the basis for the referral is a 
challenge by the offeror to either the validity of the qualification 
requirement or the offeror's compliance with such requirement. 
"(5) The head of an agency need not delay a proposed procurement 
in order to comply with subsection (b) or in order to provide a 
potential offeror with an opportunity to demonstrate its ability to 
meet the standards specified for qualification. 
"(6) The requirements of subsection (b) also apply before enforce-
ment of any qualified products list, qualified manufacturers list, or 
qualified bidders list. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2595 
"(dXD If the number of qualified sources or qualified products 
available to compete actively for an anticipated future requirement 
is fewer than two actual manufacturers or the products of two 
actual manufacturers, respectively, the head of the agency con-
cerned shall— 
"(A) periodically publish notice in the Commerce Business 
Daily soliciting additional sources or products to seek qualifica-
tion, unless the contracting officer determines that such publica-
tion would compromise national security; and 
"(B) bear the cost of conducting the specified testing and 
evaluation (excluding the costs associated with producing the 
item or establishing the production, quality control, or other 
system to be tested and evaluated) for a small business concern 
or a product manufactured by a small business concern which 
has met the standards specified for qualification and which 
could reasonably be expected to compete for a contract for that 
requirement, but such costs may be borne only if the head of the 
agency determines that such additional qualified sources or 
products are likely to result in cost savings from increased 
competition for future requirements sufficient to amortize the 
costs incurred by the agency within a reasonable period of time 
considering the duration and dollar value of anticipated future 
requirements. 
"(2) The head of an agency shall require a prospective contractor 
requesting the United States to bear testing and evaluation costs 
under paragraph (IXB) to certify as to its status as a small business 
concern under section 3 of the Small Business Act. 
"(e) Within seven years after the establishment of a qualification 
requirement under subsection (b) or within seven years following an 
agency's enforcement of a qualified products list, qualified manufac-
turers list, or qualified bidders list, any such qualification require-
ment shall be examined and revalidated in accordance with the 
requirements of subsection (b). The preceding sentence does not 
apply in the case of a qualification requirement for which a waiver 
is in effect under subsection (cK2). 
"(f) Except in an emergency as determined by the head of the 
agency, whenever the head of the agency determines not to enforce 
a qualification requirement for a solicitation, the agency may not 
thereafter enforce that qualification requirement unless the agency 
complies with the requirements of subsection (b). 
"§ 2320. Rights in technical data 
"(a) The legitimate proprietary interest of the United States and 
of a contractor in technical or other data shall be defined in 
regulations prescribed as part of the single system of Government-
wide procurement regulations as defined in section 4(4) of the Office 
of Federal Procurement Policy Act. Such regulations may not 
impair any right of the United States or of any contractor with 
respect to patents or copyrights or any other right in technical data 
otherwise established by law. The following factors shall be consid-
ered in prescribing such regulations: 
"(1) Whether the technical data was developed— 
"(A) exclusively with Federal funds; 
"(B) exclusively at private expense; or 
"(C) in part with Federal funds and in part at private 
expense. 
15 use 632. 
Contracts. 
Regulations. 
10 use 2320. 
Ante, p. 1195. 
Patents and 
trademarks. 
Copyrights. 
98 STAT. 2596 
PUBLIC LAW 98-525—OCT. 19, 1984 
"(2) The statement of congressional policy and objectives in 
35 use 200. 
section 200 of title 35, the statement of purposes in section 2(b) 
of the Small Business Innovation Development Act of 1982 
(Public Law 97-219; 15 U.S.C. 638 note), and the declaration of 
policy in section 2 of the Small Business Act (15 U.S.C. 631). 
"(3) The interest of the United States in increasing competi-
tion and lowering costs by developing and locating alternative 
sources of supply and manufacture. 
"(4) The policy set forth in section 1202(6) of the Defense 
Ante, p. 2588. 
Procurement Reform Act of 1984. 
"(b) Regulations prescribed under subsection (a) shall require that, 
whenever practicable, a contract for supplies or services entered 
10 use 2303. 
into by an agency named in section 2303 of this title contain 
appropriate 
provisions 
relating to technical 
data, 
including 
provisions— 
"(1) defining the respective rights of the United States and 
the contractor or subcontractor (at any tier) regarding any 
technical data to be delivered under the contract; 
"(2) specifying the technical data, if any, to be delivered under 
the contract and delivery schedules for such delivery; 
"(3) establishing or referencing procedures for determining 
the acceptability of technical data to be delivered under the 
contract; 
"(4) establishing separate contract line items for the technical 
data, if any, to be delivered under the contract; 
"(5) to the maximum practicable extent, identifying, in ad-
vance of delivery, technical data which is to be delivered with 
restrictions on the right of the United States to use such data; 
"(6) requiring the contractor to revise any technical data 
delivered under the contract to reflect engineering design 
changes made during the performance of the contract and 
affecting the form, fit, and function of the items specified in the 
contract and to deliver such revised technical data to an agency 
within a time specified in the contract; 
"(7) requiring the contractor to furnish written assurance at 
the time the technical data is delivered or is made available 
that the technical data is complete and accurate and satisfies 
the requirements of the contract concerning technical data; 
"(8) establishing remedies to be available to the United States 
when technical data required to be delivered or made available 
under the contract is found to be incomplete or inadequate or to 
not satisfy the requirements of the contract concerning techni-
cal data; and 
"(9) authorizing the head of the agency to withhold payments 
under the contract (or exercise such other remedies as the head 
of the agency considers appropriate) during any period if the 
contractor does not meet the requirements of the contract 
pertaining to the delivery of technical data. 
Ante, p. 2591. 
"(c) Nothing in this section or in section 2305(d) of this title 
prohibits the Secretary of Defense from prescribing standards for 
determining whether a contract entered into by the Department of 
Defense shall provide for a time to be specified in the contract after 
which the United States shall have the right to use (or have used) 
for any purpose of the United States all technical data required to 
be delivered to the United States under the contract or providing for 
such a period of time (not to exceed 7 years) as a negotiation 
objective. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2597 
"(d) The Secretary of Defense shall by regulation establish pro-
grams which provide domestic business concerns an opportunity to 
purchase or borrow replenishment parts from the United States for 
the purpose of design replication or modification, to be used by such 
concerns in the submission of subsequent offers to sell the same or 
like parts to the United States. Nothing in this subsection limits the 
authority of the head of an agency to impose restrictions on such a 
program related to national security considerations, inventory needs 
of the United States, the improbability of future purchases of the 
same or like parts, or any additional restriction otherwise required 
by law. 
"§ 2321. Validation of proprietary data restrictions 
"(a) A contract for supplies or services entered into by the Depart-
ment of Defense which provides for the delivery of technical data 
shall provide that— 
"(1) a contractor or subcontractor at any tier shall be pre-
pared to furnish to the contracting officer a written justification 
for any restriction asserted by the contractor or subcontractor 
on the right of the United States to use such technical data; and 
"(2) the contracting officer may review the validity of any 
restriction asserted by the contractor or by a subcontractor 
under the contract on the right of the United States to use 
technical data furnished to the United States under the con-
tract if the contracting officer determines that reasonable 
grounds exist to question the current validity of the asserted 
restriction and that the continued adherence to the asserted 
restriction by the United States would make it impracticable to 
procure the item competitively at a later time. 
"(b) If after such review the contracting officer determines that a 
challenge to the asserted restriction is warranted, the contracting 
officer shall provide written notice to the contractor or subcontrac-
tor asserting the restriction. Such notice shall— 
"(1) state the grounds for challenging the asserted restriction; 
and 
"(2) require a response within 60 days justifying the current 
validity of the asserted restriction. 
"(c) If a contractor or subcontractor asserting a restriction subject 
to this section submits to the contracting officer a written request, 
showing the need for additional time to comply with the require-
ment to justify the current validity of the asserted restriction, 
additional time to adequately permit the submission of such justifi-
cation shall be provided by the contracting officer as appropriate. If 
a party asserting a restriction receives notices of challenges to 
restrictions on technical data from more than one contracting offi-
cer, and notifies each contracting officer of the existence of more 
than one challenge, the contracting officer initiating the first in 
time challenge, after consultation with the party asserting the 
restriction and the other contracting officers, shall formulate a 
schedule of responses to each of the challenges that will afford the 
party asserting the restriction with an equitable opportunity to 
respond to each such challenge. 
"(d)(1) Upon a failure by the contractor or subcontractor to submit 
any response under subsection (b), the contracting officer shall issue 
a decision pertaining to the validity of the asserted restriction. 
"(2) After review of any justification submitted in response to the 
notice provided pursuEint to subsection (b), the contracting officer 
Business and 
industry. 
Contracts. 
10 use 2321. 
31-194 0 - 86 -
QL.3 Parts 
98 STAT. 2598 
PUBLIC LAW 98-525—OCT. 19, 1984 
Claims. 
10 use 2322. 
Expiration date. 
10 use 2323. 
shall, within 60 days of receipt of any justification submitted, issue a 
decision or notify the party asserting the restriction of the time 
within which a decision will be issued. 
"(e) If a claim pertaining to the validity of the asserted restriction 
is submitted in writing to a contracting officer by a contractor or 
subcontractor at any tier, such claim shall be considered a claim 
within the meaning of the Contract Disputes Act of 1978 (41 U.S.C. 
601 et seq.). 
"(f)(1) If, upon final disposition, the contracting officer's challenge 
to the restriction on the right of the United States to use such 
technical data is sustained— 
"(A) the restriction on the right of the United States to use 
the technical data shall be cancelled; and 
"(B) if the asserted restriction is found not to be substantially 
justified, the contractor or subcontractor, as appropriate, shall 
be liable to the United States for payment of the cost to the 
United States of reviewing the asserted restriction and the fees 
and other expenses (as defined in section 2412(d)(2)(A) of title 28) 
incurred by the United States in challenging the asserted 
restriction, unless special circumstances would make such pay-
ment unjust. 
"(2) If, upon final disposition, the contracting officer's challenge to 
the restriction on the right of the United States to use such techni-
cal data is not sustained— 
"(A) the United States shall continue to be bound by the 
restriction; and 
"(B) the United States shall be liable for payment to the party 
asserting the restriction for fees and other expenses (as defined 
in section 2412(d)(2)(A) of title 28) incurred by the party assert-
ing the restriction in defending the asserted restriction if the 
challenge by the United States is found not to be made in good 
faith. 
"§ 2322. Limitation on small business set-asides 
"(a) The head of an agency may not authorize a procurement to be 
set-aside for participation only by small business concerns in the 
case of a procurement under the Foreign Military Sales Program, if 
the foreign purchaser specifies the sources qualified to meet the 
requirement and only one of those sources is a small business 
concern. 
"(b) This section expires two years after the effective date of this 
section. 
"§ 2323. Commercial pricing for supplies 
"(a) Except in the case of an offer submitted with a written 
statement under subsection (b)(2) and except as provided in subsec-
tion (c), a contract entered into using other than competitive proce-
dures by an agency named in section 2303(a) of this title for the 
purchase of items that are offered for sale to the public may not 
result in a price to the United States that exceeds the lowest price at 
which such items are sold by the contractor to the public. 
"(b) A person who submits an offer to such an agency for the 
supply of items that it offers for sale to the public (1) shall certify in 
the offer that the price offered is not more than its lowest commer-
cial price for the items, or (2) shall submit with the offer a written 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2599 
statement specifying the amount of the difference between its lowest 
commercial price for the items and the price offered and providing a 
justification for that difference. 
"(c) Subsections (a) and (b) do not apply to a contract if the 
contracting officer determines that the use of the price otherwise 
required by subsection (a) for such contract is not appropriate 
because of— 
"(1) national security considerations; or 
"(2) differences in quantities, quality, delivery, or other terms 
and conditions of the contract from commercial contract 
terms.". 
(b) Within 60 days after the date the regulations required by 
section 2320(a) of title 10, United States Code (as added by subsection 
(a)), are prescribed, the Secretary of Defense, the Administrator of Ante, p. 2593. 
General Services, and the Administrator of the National Aeronau-
tics and Space Administration shall submit to Congress a joint 
report describing in detail how those regulations give consideration 
to the factors specified for consideration in that subsection. 
(c)(1) Section 2318 of title 10, United States Code (as added by Effective dates. 
subsection (a)), shall take effect on April 1,1985. 
lo use 2318 
(2) Sections 2319, 2320, and 2321 of title 10, United States Code (as ^S use 2319 
added by subsection (a)), shall apply with respect to solicitations note. 
issued after the end of the one-year period beginning on the date of 
the enactment of this Act. 
(3) Section 2322 of title 10, United States Code (as added by lo use 2322 
subsection (a)), shall take effect at the end of the 90-day period 
^°^-
beginning on the date of the enactment of this Act. 
(4) Section 2323 of title 10, United States Code (as added by lo use 2323 
subsection (a)), shall take effect at the end of the 180-day period note, 
beginning on the date of the enactment of this Act. 
CLERICAL AMENDMENTS 
SEC. 1217. The table of sections at the beginning of chapter 137 of 
title 10, United States Code, is amended— 
(1) by inserting after the item relating to section 2303 the 
following new item: 
"2303a. Publication of proposed regulations."; and 
(2) by adding at the end thereof the following new items: 
"2317. Encouragement of competition and cost savings. 
"2318. Advocates for competition. 
"2319. Encouragement of new competition. 
"2320. Rights in technical data. 
"2321. Validation of proprietary data restrictions. 
"2322. Limitation on small business set-asides. 
"2323. eommercial pricing for supplies.". 
PART C—AMENDMENTS TO CHAPTER 141 OF TITLE 10, UNITED STATES 
CODE 
IDENTIFICATION OF SOURCES OF SUPPLIES 
SEC. 1231. (a) Section 2384 of title 10, United States Code, is 
amended to read as follows: 
98 STAT. 2600 
PUBLIC LAW 98-525—OCT. 19, 1984 
Contracts 
Regulations. 
Effective date. 
10 u s e 2384 
note. 
"§ 2384. Supplies: identincation of supplier and sources 
"(a) The Secretary of Defense shall require that the contractor 
under a contract with the Department of Defense for the furnishing 
of supplies to the United States shall mark or otherwise identify 
supplies furnished under the contract with the identity of the 
contractor, the national stock number for the supplies furnished (if 
there is such a number), and the contractor's identification number 
for the supplies. 
"(b) The Secretary of Defense shall prescribe regulations requiring 
that, whenever practicable, each contract requiring the delivery of 
supplies shall require that the contractor identify— 
"(1) the actual manufacturer or producer of the item or of all 
sources of supply of the contractor for that item; 
"(2) the national stock number of the item (if there is such a 
number) and the identification number of the actual manufac-
turer or producer of the item or of each source of supply of the 
contractor for the item; and 
"(3) the source of any technical data delivered under the 
contract. 
"(c) Identification of supplies and technical data under this section 
shall be made in the manner and with respect to the supplies 
prescribed by the Secretary of Defense.". 
(b) The amendment made by subsection (a) shall take effect at the 
end of the one-year period beginning on the date of the enactment of 
this Act. 
97 Stat. 679. 
97 Stat. 614. 
26 u s e 1 et seq. 
10 u s e 2401 
note. 
REVISION OF LONG-TERM LEASE OR CHARTER AUTHORITY 
SEC. 1232. (a)(1) Subsection (c) of section 2401 of title 10, United 
States Code, is amended— 
(A) by inserting "(1)" after "(c)"; 
(B) by redesignating clauses (1) and (2) as clauses (A) and (B), 
respectively; and 
(C) by adding at the end thereof the following new paragraph: 
"(2) Funds appropriated to the Department of Defense pursuant to 
an authorization contained in the Department of Defense Authoriza-
tion Act, 1984 (Public Law 98-94), or in any other law enacted after 
September 24, 1983, may not be used to indemnify any person under 
the terms of a contract entered into under this section— 
"(A) for any amount paid or due by any person to the United 
States for any liability arising under the Internal Revenue Code 
of 1954; or 
"(B) to pay any attorneys' fees in connection with such 
contract.". 
(2) Subsection (f) of such section is amended by striking out the 
second sentence. The guidelines required to be issued under that 
subsection shall be issued not later than October 31,1984. 
(b) Section 1202(c)(1) of the Department of Defense Authorization 
Act, 1984 (Public Law 98-94; 97 Stat. 681), is amended by striking 
out "fiscal year 1985," and inserting in lieu thereof "each of fiscal 
years 1985,1986, and 1987,". 
ECONOMIC ORDER QUANTITIES 
SEC. 1233. (a) Chapter 141 of title 10, United States Code, is 
amended by inserting after section 2384 the following new section: 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2601 
"§ 2384a. Supplies: economic order quantities 
lo use 2384a. 
"(a)(1) An agency referred to in section 2303(a) of this title shall 
procure supplies in such quantity as (A) will result in the total cost 
and unit cost most advantageous to the United States, where practi-
cable, and (B) does not exceed the quantity reasonably expected to be 
required by the agency. 
"(2) The Secretary of Defense shall take paragraph (1) into ac-
count in approving rates of obligation of appropriations under sec-
tion 2204 of this title. 
"(b) Each solicitation for a contract for supplies shall, if practica-
ble, include a provision inviting each offeror responding to the 
solicitation to state an opinion on whether the quantity of the 
supplies proposed to be procured is economically advant^eous to 
the United States and, if applicable, to recommend a quantity or 
quantities which would be more economically advantageous to the 
United States. Each such recommendation shall include a quotation 
of the total price and the unit price for supplies procured in each 
recommended quantity.". 
(b) The amendment made by subsection (a) shall take effect at the 
Effective date. 
end of the 180-day period beginning on the date of the enactment of lo use 2384a 
this Act. 
"°*«-
ADDITIONAL MISCELLANEOUS PROCUREMENT PROVISIONS 
SEC. 1234. (a) Chapter 141 of title 10, United States Code, as 
amended by section 1005, is amended by adding at the end thereof 
the following new sections: 
"§2402. Prohibition of contractors limiting subcontractor sales lo use 2402. 
directly to the United States 
"(a) Each contract for the purchase of supplies or services made by 
the Department of Defense shall provide that the contractor will 
not— 
"(1) enter into any agreement with a subcontractor under the 
contract that has the effect of unreasonably restricting sales by 
the subcontractor directly to the United States of any item or 
process (including computer software) made or furnished by the 
subcontractor under the contract (or any follow-on production 
contract); or 
"(2) otherwise act to restrict unreasonably the ability of a 
subcontractor to make sales to the United States described in 
clause (1). 
"Oi)) This section does not prohibit a contractor from asserting 
rights it otherwise has under law. 
"§ 2403. Major weapon systems: contractor guarantees 
lo use 2403. 
"(a) In this section: 
"(1) 'Weapon system' means items that can be used directly 
by the armed forces to carry out combat missions and that cost 
more than $100,000 or for which the eventual total procurement 
cost is more than $10,000,000. Such term does not include 
commercial items sold in substantial quantities to the general 
public. 
"(2) 'Prime contractor' means a party that enters into an 
agreement directly with the United States to furnish part or all 
of a weapon system. 
98 STAT. 2602 
PUBLIC LAW 98-525—OCT. 19, 1984 
Ante, p. 2589. 
Prohibition. 
Waiver. 
"(3) 'Design and manufacturing requirements' means struc-
tural and engineering plans and manufacturing particulars, 
including precise measurements, tolerances, materials, and fin-
ished product tests for the weapon system being produced. 
"(4) 'Essential performance requirements', with respect to a 
weapon system, means the operating capabilities or mainte-
nance and reliability characteristics of the system that are 
determined by the Secretary of Defense to be necessary for the 
system to fulfill the military requirement for which the system 
is designed. 
"(5) 'Component' means any constituent element of a weapon 
system. 
"(6) 'Mature full-scale production' means the manufacture of 
all units of a weapon system after the manufacture of the first 
one-tenth of the eventual total production or the initial produc-
tion quantity of such system, whichever is less. 
"(7) 'Initial production quantity' means the number of units of 
a weapon system contracted for in the first year of full-scale 
production. 
"(8) 'Head of an agency' has the meaning given that term in 
section 2302 of this title. 
"(b) Except as otherwise provided in this section, the head of an 
agency may not after January 1, 1985, enter into a contract for the 
production of a weapon system unless each prime contractor for the 
system provides the United States with written guarantees that— 
"(1) the item provided under the contract will conform to the 
design and manufacturing requirements specifically delineated 
in the production contract (or in any amendment to that 
contract); 
"(2) the item provided under the contract, at the time it is 
delivered to the United States, will be free from all defects in 
materials and workmanship; 
"(3) the item provided under the contract will conform to the 
essential performance requirements of the item as specifically 
delineated in the production contract (or in any amendment to 
that contract); and 
"(4) if the item provided under the contract fails to meet the 
guarantee specified in clause (1), (2), or (3), the contractor will at 
the election of the Secretary of Defense or as otherwise provided 
in the contract— 
"(A) promptly take such corrective action as may be 
necessary to correct the failure at no additional cost to the 
United States; or 
"(B) pay costs reasonably incurred by the United States 
in taking such corrective action. 
"(c) The head of the agency concerned may not require guarantees 
under subsection (b) from a prime contractor for a weapon system, 
or for a component of a weapon system, that is furnished by the 
United States to the contractor. 
"(d) Subject to subsection (e)(1), the Secretary of Defense may 
waive part or all of subsection (b) in the case of a weapon system, or 
component of a weapon system, if the Secretary determines— 
"(1) that the waiver is necessary in the interest of national 
defense; or 
"(2) that a guarantee under that subsection would not be cost-
effective. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2603 
The Secretary may not delegate authority under this subsection to 
Prohibition. 
any person who holds a position below the level of Assistant Secre-
tary of Defense or Assistant Secretary of a military department. 
"(e)(1) Before making a waiver under subsection (d) with respect to 
a weapon system that is a major defense acquisition program for the 
purpose of section 139a of this title, the Secretary of Defense shall 
lo USC I39a. 
notify the Committees on Armed Services and on Appropriations of 
the Senate and House of Representatives in writing of his intention 
to waive any or all of the requirements of subsection (b) with respect 
to that system and shall include in the notice an explanation of the 
reasons for the waiver. 
"(2) Not later than February 1 of each year, the Secretary of Report. 
Defense shall submit to the committees specified in paragraph (1) a 
report identifying each waiver made under subsection (d) during the 
preceding calendar year for a weapon system that is not a major 
defense acquisition program for the purpose of section 139a of this 
title and shall include in the report an explanation of the reasons 
for the waivers. 
"(f) The requirement for a guarantee under subsection (b)(3) 
applies only in the case of a contract for a weapon system that is in 
mature full-scale production. However, nothing in this section pro-
hibits the head of the agency concerned from negotiating a guaran-
tee similar to the guarantee described in that subsection for a 
weapon system not yet in mature full-scale production. When a 
contract for a weapon system not yet in mature full-scale production 
is not to include the full guarantee described in subsection (b)(3), the 
Secretary shall comply with the notice requirements of subsec-
tion (e). 
"(g) Nothing in this section prohibits the head of the agency 
concerned from— 
"(1) negotiating the specific details of a guarantee, including 
reasonable exclusions, limitations and time duration, so long as 
the negotiated guarantee is consistent with the general require-
ments of this section; 
"(2) requiring that components of a weapon system furnished 
by the United States to a contractor be properly installed so as 
not to invalidate any warranty or guarantee provided by the 
manufacturer of such component to the United States; 
"(3) reducing the price of any contract for a weapon system or 
other defense equipment to take account of any payment due 
from a contractor pursuant to subclause (B) of subsection (b)(4); 
"(4) in the case of a dual source procurement, exempting from 
the requirements of subsection (b)(3) an amount of production 
by the second source contractor equivalent to the first one-tenth 
of the eventual total production by the second source contractor; 
and 
"(5) usmg written guarantees to a greater extent than 
required by this section, including guarantees that exceed those 
in clauses (1), (2), and (3) of subsection (b) and guarantees that 
provide more comprehensive remedies than the remedies speci-
fied under clause (4) of that subsection. 
"(h)(1) The Secretary of Defense shall prescribe such regulations Regulations. 
as may be necessary to carry out this section. 
"(2) This section does not apply to the Coast Guard or to the 
National Aeronautics and Space Administration. 
98 STAT. 2604 
PUBLIC LAW 98-525—OCT. 19, 1984 
10 use 2404. 
"§2404. Acquisition of petroleum: authority to waive contract 
procedures 
"(a) The Secretary of Defense may, for any purchase of petroleum, 
waive the appHcation of any provision of law prescribing procedures 
to be followed in the formation of contracts, prescribing terms and 
conditions to be included in contracts, or regulating the performance 
of contracts if the Secretary determines— 
"(1) that petroleum market conditions have adversely affected 
(or will in the near future adversely affect) the acquisition of 
petroleum by the Department of Defense; and 
"(2) the waiver will expedite or facilitate the acquisition of 
petroleum for Government needs. 
"(b) A waiver under subsection (a) may be made with respect to a 
particular contract or with respect to classes of contracts. Such a 
waiver that is applicable to a contract for the purchase of petroleum 
may also be made applicable to a subcontract under that contract. 
"(c) The Secretary of Defense may acquire petroleum by exchange 
of petroleum or petroleum derivatives. 
"(d) The Secretary of Defense shall notify the Congress within 10 
days of the date on which any waiver is made under this section and 
of the reasons for the necessity of exercising such waiver. 
"(e) In this section, 'petroleum' means natural or synthetic crude, 
blends of natural or synthetic crude, and products refined or derived 
from natural or synthetic crude or from such blends. 
10 use 2405. 
"§ 2405. Limitation on adjustment of shipbuilding contracts 
"(a) The Secretary of a military department may not adjust any 
price under a shipbuilding contract entered into after December 7, 
1983, for an amount set forth in a claim, request for equitable 
adjustment, or demand for payment under the contract (or incurred 
due to the preparation, submission, or adjudication of any such 
claim, request, or demand) arising out of events occurring more than 
18 months before the submission of the claim, request, or demand. 
"
O
t
>
) For the purposes of subsection (a), a claim, request, or demand 
shall be considered to have been submitted only when the contractor 
has provided the certification required by section 6(c)(1) of the 
Contract Disputes Act of 1978 (41 U.S.C. 605(c)(1)) and the support-
ing data for the claim, request, or demand.". 
Effective dates. 
Ot))(l) Effective on January 1, 1985, section 794 of the Department 
Repeals. 
of Defense Appropriation Act, 1984 (Public Law 98-212; 97 Stat. 
10 use 2304 
1454), is repealed. 
10 use 2304 
(2) Effective on the date of the enactment of this Act, section 787 
note. 
of the Department of Defense Appropriation Act, 1984 (Public Law 
98-212; 97 Stat. 1453), is repealed. 
10 use 2402 
(c) Section 2402 of title 10, United States Code (as added by 
note. 
subsection (a)), shall take effect at the end of the 180-day period 
beginning on the date of the enactment of this Act. 
CLERICAL AMENDMENTS 
SEC. 1235. The table of sections at the beginning of chapter 141 of 
title 10, United States Code, is amended— 
(1) by striking out the item relating to section 2384 and 
inserting in lieu thereof the following: 
"2384. Supplies: identification of supplier and sources. 
"2384a. Supplies: economic order quantities."; and 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2605 
(2) by adding at the end thereof the following new item: 
"2402. Prohibition of contractors limiting subcontractor sales directly to the United 
States. 
"2403. Major weapon systems: contractor guarantees. 
"2404. Acquisition of petroleum: authority to waive contract procedures. 
"2405. Limitation on adjustment of shipbuilding contracts.". 
PART D—OTHER PROCUREMENT PROVISIONS 
COOPERATIVE AGREEMENTS FOR PROCUREMENT TECHNICAL ASSISTANCE 
SEC. 1241. (a)(1) Title 10, United States Code, is amended by 
inserting after chapter 141 the following new chapter: 
"CHAPTER 142—PROCUREMENT TECHNICAL AS-
SISTANCE COOPERATIVE AGREEMENT PRO-
GRAM 
"Sec. 
"2411. Definitions. 
"2412. Purposes. 
"2413. Cooperative agreements. 
"2414. Limitation. 
"2415. Distribution. 
"2416. Regulations. 
"§ 2411. Definitions 
10 use 2411. 
"In this chapter: 
"(1) 'Eligible entity' means a State (as defined in section 
6302(5) of title 31), a local government (as defined in section 
6302(2) of that title), or a private, nonprofit organization that 
enters into a cooperative agreement with the Secretary under 
this chapter to furnish procurement technical assistance to 
business entities and to defray at least one-half of the costs of 
furnishing such assistance. 
"(2) 'Secretary' means the Secretary of Defense acting 
through the Director of the Defense Logistics Agency. 
"§ 2412. Purposes 
10 USC 2412. 
"The purposes of the program authorized by this chapter are— 
"(1) to increase Department of Defense assistance for eligiWe 
entities furnishing procurement technical assistance to business 
entities; and 
"(2) to assist eligible entities in the payment of the costs of 
establishing and carrying out new procurement technical assist-
ance programs and maintaining existing procurement technical 
assistance programs. 
"§ 2413. Cooperative agreements 
10 use 2413. 
"(a) The Secretary may, in accordance with the provisions of this 
chapter, enter into cooperative agreements with eligible entities to 
carry out the purposes of this chapter. 
"(b) In entering into cooperative agreements under subsection (a), 
the Secretary shall assure that at least one procurement technical 
assistance program is carried out in each Department of Defense 
contract administration services region during each fiscal year. 
98 STAT. 2606 
PUBLIC LAW 98-525—OCT. 19, 1984 
10 use 2414. 
"§ 2414. Limitation 
"The value of the assistance furnished by the Department of 
Defense to any eligible entity to carry out a procurement technical 
assistance program pursuant to a cooperative agreement under this 
chapter during any fiscal year may not exceed $150,000. 
10 use 2415. 
"§ 2415. Distribution 
"(a)(1) During a fiscal year specified in paragraph (2), the Secre-
tary shall reserve the applicable percentage prescribed in paragraph 
(2), out of funds appropriated to carry out this chapter in such fiscal 
year, for the purpose of furnishing assistance pursuant to coopera-
Ante, p. 2605. 
tive agreements entered into under section 2413 of this title with 
eligible entities which have carried out a procurement technical 
assistance program before such fiscal year. The Secretary may use 
the remainder of such funds during such fiscal year for the purpose 
of furnishing assistance pursuant to cooperative agreements entered 
into under such section with eligible entities which have not carried 
out a procurement technical assistance program before such fiscal 
year. 
"(2) For the purposes of paragraph (1), the applicable percentage 
during fiscal year 1985 is 50 percent and during fiscal year 1986 is 75 
percent. 
"(b) During any fiscal year after fiscal year 1986, the Secretary 
shall allocate assistance under this chapter in accordance with such 
cooperative agreements as the Secretary enters into pursuant to 
section 2413 of this title. 
10 use 2416. 
"§ 2416. Regulations 
"The Secretary of Defense shall prescribe regulations to carry out 
this chapter.". 
(2) The table of chapters at the beginning of subtitle A of such title 
and at the beginning of part IV of such subtitle are each amended 
by inserting after the item relating to chapter 141 the following new 
item: 
"142. Procurement Technical Assistance Cooperative Agreement Program 
2411". 
Appropriation 
(b)(1) There are authorized to be appropriated $2,000,000 for fiscal 
authorizations, 
year 1985 to be available for the purpose of furnishing assistance to 
carry out procurement technical assistance programs pursuant to 
cooperative agreements under chapter 142 of title 10, United States 
Ante, p. 2605. 
Code (as added by subsection (a)). 
(2) There are authorized to be appropriated for fiscal year 1985 
such additional sums as are necessary to defray the expenses of 
administering the provisions of such chapter during such fiscal year, 
including the expenses related to the employment of any additional 
personnel necessary to administer such provisions. 
REVISION OF REQUIREMENTS FOR SELECTED ACQUISITION REPORTS AND 
UNIT COST REPORTS 
SEC. 1242. (a) Section 139a of title 10, United States Code, is 
amended— 
(1) in subsection (a)(3)— 
(A) by striking out "procurement funds appropriated" 
and inserting in lieu thereof "funds programed to be avail-
able for obligation for procurement"; and 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2607 
(B) by striking out "of funds appropriated" and inserting 
in lieu thereof "of funds programed to be available for 
obligation"; 
(2) by inserting "and that is in excess of $2,000,000" after 
"dollar amount" in subsection (aX4); 
(3) in subsection (bX2), by striking out "there has been no" 
and all that follows and inserting in lieu thereof "during the 
period since that report there has been— 
"(A) less than a 5 percent change in total program cost; 
and 
"(B) less than a three-month delay in any program sched-
ule milestone shown in the Selected Acquisition Report."; 
(4) in subsection (f)— 
(A) by striking out "30" the first place it appears and 
inserting in lieu thereof "60"; 
(B) by striking out "30" the second place it appears and 
inserting in lieu thereof "45"; and 
(C) by striking out the second sentence and inserting in 
lieu thereof the following: "A preliminary report shall be 
submitted for each annual Selected Acquisition Report 
within 30 days of the date on which the President submits 
the Budget to Congress."; and 
(5) by adding at the end thereof the following new subsection: 
"(g) The requirements of this section with respect to a major 
defense acquisition program shall cease to apply after 90 percent of 
the items to be delivered to the United States under the program 
(shown as the total quantity of items to be purchased under the 
program in the most recent Selected Acquisition Report) have been 
delivered or 90 percent of planned expenditures under the program 
have been made.". 
03)(1) Subsection (a) of section 139b of title 10, United States 
Code, is amended by adding at the end thereof the following new 
paragraph: 
"(4) 'Baseline Report', with respect to a unit cost report that is 
submitted under this section to the Secretary concerned on a 
major defense acquisition program, means— 
"(A) the most recent unit cost report submitted under 
subsection (e)(2)(B)(ii) with respect to the program, if that 
report was submitted for the second, third, or fourth quar-
ter of the preceding fiscal year; 
"(B) if no report was submitted under subsection 
(e)(2)(B)(ii) with respect to the program during that three-
quarter period, the most recent unit cost report submitted 
under subsection (e)(1) with respect to the program, if that 
report was submitted during that three-quarter period; and 
"(C) if no report was submitted with respect to the pro-
gram under subsection (e)(1) or (e)(2)(B)(ii) during that 
three-quarter period, the baseline Selected Acquisition 
Report.". 
(2) Subsection (b) of such section is amended— 
(A) by striking out "not more than 7 days"; 
(B) by inserting after the first sentence the following new 
sentence: "Each report for the first quarter of a fiscal year shall 
be submitted not more than 7 days after the date on which the 
President transmits the Budget to Congress for the following 
fiscal year, and each report for other quarters shall be submit-
ted not more than 7 days after the end of that quarter."; and 
Report. 
Expiration date. 
Reports. 
98 STAT. 2608 
PUBLIC LAW 98-525—OCT. 19, 1984 
(C) by striking out "baseline Selected Acquisition Report" in 
paragraph (3) and inserting in lieu thereof "Baseline Report". 
(3) Clauses (A) and (B) of subsection (c)(1) of such section are 
amended by striking out "baseline Selected Acquisition Report" and 
inserting in lieu thereof "Baseline Report". 
(4)(A) Paragraphs (1) and (2) of subsection (d) of such section are 
amended by striking out "baseline Selected Acquisition Report" and 
inserting in lieu thereof "Baseline Report". 
(B) Paragraph (3)(B) of such subsection is amended— 
(i) by striking out "additional funds may not be obligated in 
connection with such program" and inserting in lieu thereof 
"funds appropriated for military construction, for research, 
development, test, and evaluation, and for procurement may 
not be obligated for a major contract under the program"; and 
(ii) by striking out "but less than 25 percent" in subclause (i). 
(5) Subsection (e) of such section is amended— 
(A) in paragraph (1)— 
(i) by striking out "subsection (d)(3)(B)" and inserting in 
lieu thereof "subsection (d)(3)(B)(i)"; and 
(ii) by inserting "more than" before "15 percent"; 
(B) in paragraph (2)— 
(i) by striking out "subsection (d)(3)(B)" and inserting in 
lieu thereof "subsection (d)(3)(B)(ii)"; 
(ii) by inserting "more than" before "25 percent"; 
(iii) by inserting in clause (A) "and the Secretary con-
cerned submits to Congress, before the end of the 30-day 
period referred to in subsection (d)(3)(B)(i), a report contain-
ing the information described in subsection (g)" after "ac-
quisition program"; and 
(iv) by striking out "such subsection" in clause (B) and 
inserting in lieu thereof "subsection (d)(3)(B)(ii)"; and 
(C) by striking out "in the case o f in paragraph (3) and all 
that follows and inserting in lieu thereof "at the end of a period 
of 30 days of continuous session of Congress (as determined 
under section 7307(b)(2) of this title) beginning on the date— 
"(A) on which Congress receives the report of the Secretary 
concerned under paragraph (1) or (2)(B)(ii) with respect to that 
program, in the case of a determination of a more than 15 
percent increase (as determined in subsection (d)); or 
"(B) on which Congress has received both the report of the 
Secretary concerned under paragraph (1) or (2)(B)(ii) and the 
certification of the Secretary of Defense under paragraph 
(2)(B)(i) with respect to that program, in the case of a more than 
25 percent increase (as determined under subsection (d)).". 
(6) Subsection (g)(1) of such section is amended— 
(A) by striking out clause (I) and inserting in lieu thereof the 
following: 
"(I) The type of the Baseline Report (under subsection (a)(4)) 
and the date of the Baseline Report."; and 
(B) in clause (K), by inserting "and the procurement unit cost 
for the succeeding fiscal year expressed in constant base-year 
dollars and in current year dollars" after "current dollars". 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2609 
DURATION OF ASSIGNMENT OF PROGRAM MANAGERS FOR MAJOR 
PROGRAMS 
SEC. 1243. (a) The tour of duty of an officer of the Armed Forces 
assigned after the date of the enactment of this Act as a program 
manager of a major defense acquisition program (as defined in 
section 139a(a) of title 10, United States Code) shall be (1) not less 
than four years, or (2) until completion of a major program mile-
stone (as defined in regulations prescribed by the Secretary of 
Defense). 
(b) The Secretary of the military department concerned may 
waive the length of the tour of duty prescribed in subsection (a). 
Such authority may not be delegated. 
AUTHORITY TO WAIVE COMPLIANCE WITH CERTAIN REQUIREMENTS PRO-
VIDED FOR IN REGULATIONS RELATING TO PRICES OF SPARE PARTS 
AND REPLACEMENT EQUIPMENT 
SEC. 1244. Section 1215(b) of the Department of Defense Authori-
zation Act, 1984 (Public Law 98-94; 10 U.S.C. 2452 note), is 
amended— 
(1) by inserting "(1)" after "(b)"; and 
(2) by adding at the end thereof the following new paragraph: 
"(2) The Secretary may provide in such regulations for the waiver 
of the prohibition in subsection (a)(1) and compliance with the 
requirements of subsection (a)(2) in the case of a purchase of any 
spare part or replacement equipment made or to be made through 
competitive procedures.". 
REGULATIONS FOR ALLOCATING OVERHEAD TO PARTS TO WHICH THE 
PRIME CONTRACTOR HAS ADDED LITTLE VALUE 
SEC. 1245. Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall prescribe by regulation 
the manner in which the Department of Defense negotiates prices 
for supplies to be obtained through the use of procedures other than 
competitive procedures, as defined in section 4(6) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(6)). Such revision 
shall specify the incurred overhead a contractor may appropriately 
allocate to such supplies and shall require the contractor to identify 
those supplies which it did not manufacture or to which it did not 
contribute significant value. Nothing in this section requires the 
submission of cost or pricing data not otherwise required by law. 
PART E—TEMPORARY PROVISIONS, REPORTS, AND EFFECTIVE DATES 
REPORT ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS OF THE 
GRACE COMMISSION 
SEC. 1251. Not later than March 31,1985, the Secretary of Defense 
shall submit to Congress a report assessing the recommendations of 
the President's Private Sector Survey on Cost Control (commonly 
referred to as the "Grace Commission") concerning— 
(1) the system of making progress payments to defense con-
tractors to offset high interest rates and inflation; and 
(2) modernization of automated data processing systems in 
order to achieve more effective control of Department of 
Defense supply inventories. 
10 u s e 139a 
note. 
Waiver. 
Prohibition. 
Ante, p. 1195. 
98 STAT. 2610 
PUBLIC LAW 98-525—OCT. 19, 1984 
PLANS FOR MANAGEMENT OF TECHNICAL DATA AND COMPUTER 
CAPABIUTY IMPROVEMENTS 
10 use 139 note. 
SEC. 1252. (aXD Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall develop a plan 
for an improved system for the management of technical data 
relating to any major system of the Department of Defense. At a 
minimum, the management plan shall address procedures for— 
(A) indexing, storing, and updating items of technical data in 
a system; 
(B) developing, to the maximum extent practicable, a central-
ized system to identify the repository within the department 
responsible for technical data relating to an item and the extent 
of the data on file in that repository with respect to that item; 
£md 
(C) assuring that those parties otherwise entitled to receive 
technical data will have timely access to complete and current 
technical data. 
(2) Not later than 5 years after the date of the enactment of this 
Act, the Secretary shall complete implementation of the manage-
ment plan required to be developed by paragraph (1). 
Report. 
(3) Not later than 18 months after the date of the enactment of 
this Act, the Comptroller General of the United States shall trans-
mit to Congress a report evaluating the plan developed by the 
Secretary of Defense under paragraph (1). 
(b) Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall transmit to the Committees on 
Armed Services of the Senate and House of Representatives a plan 
to improve substantially the computer capability of each of the 
military departments and of the Etefense Logistics Agency to store 
and access rapidly data that is needed for the efficient procurement 
of supplies. The plan shall provide for a computer data base that 
includes price and procurement history, item identification, sources 
of supply, and other relevant information. The plan shall specify a 
schedule for the implementation of the improvements, the projected 
cost of implementation of the improvements, and such other recom-
mendations as the Secretary of Defense considers appropriate to 
accomplish the improvements. 
REPORT ON USE OF INDEPENDENT COST ESTIMATES FOR MAJOR DEFENSE 
ACQUISITION PROGRAMS 
SEC. 1253. Not later than May 1, 1985, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the continued use of independ-
ent cost estimates in the planning, programing, budgeting, and 
selection process for major defense acquisition programs in the 
Department of Defense. Such report shall be a follow-on to the 
report required by section 1203(c) of the Department of Defense 
97 Stat. 683. 
Authorization Act, 1984 (Public Law 98-94; 10 U.S.C. 1039 note), and 
10 use 139c 
shall include an overall assessment of the extent to which such 
^°^- 
estimates were adopted by the Department of Defense in making 
decisions on the fiscal year 1986 budget and a general explanation of 
why such estimates might have been modified or rejected. The 
Secretary shall also include in the report a statement as to whether 
adequate personnel and financial resources have been allocated at 
all levels of the Department of Defense to those organizations or 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2611 
offices charged with developing or assessing independent estimates 
of the costs of major defense acquisition programs. 
ONE-YEAR EXTENSION OF TEST PROGRAM TO AUTHORIZE PRICE 
DIFFERENTIALS TO REUEVE ECONOMIC DISLOCATIONS 
SEC. 1254. (a) Effective on October 1, 1984, section 1109 of the Effective dates. 
Department of Defense Authorization Act, 1983 (10 U.S.C. 2392 9
'
^ Stat. 683. 
note), is amended— 
(1) by striking out "fiscal years 1983 and 1984" each place it 
appears and inserting in lieu thereof "fiscal years 1983, 1984, 
and 1985"; and 
(2) by striking out "and April 15, 1984," in the first sentence 
of subsection (b) and inserting in lieu thereof ", April 15, 1984, 
and April 15,1985". 
(b) Effective as of October 1, 1982, such section is amended by 
striking out "section 2892" and inserting in lieu thereof "section 
2392". 
TITLE XIII—DEPARTMENT OF DEFENSE ORGANIZATION 
AND MANAGEMENT MATTERS 
JOINT CHIEFS OF STAFF REORGANIZATION 
SEC. 1301. (a)(1) Subsection (a) of section 124 of title 10, United 
States Code, is amended by striking out "shall" in clause (2). 
(2) Subsection (c) of such section is amended— 
(A) by inserting "(1)" after "(c)"; and 
(B) by adding at the end thereof the following new paragraph: 
"(2) Subject to the authority, direction, and control of the Secre-
tary, the Chairman acts as the spokesman for the commanders of 
the combatant commands on operational requirements.". 
(b) Section 142(bX2) of such title is amended— 
lo use 142. 
(1) by striking out "and assist" and inserting in lieu thereof 
"(including any subject for the agenda recommended by the 
Joint Chiefs of Staff), assist"; and 
(2) by striking out "practicable" and inserting in lieu thereof 
"practicable, and determine when issues under consideration 
shall be decided". 
(cKl) Subsection (a) of section 143 of title 10, United States Code, is 
amended to read as follows: 
"(aXD There is under the Joint Chiefs of Staff a Joint Staff 
consisting of not more than 400 officers selected by the Chairman of 
the Joint Chiefs of Staff. The Joint Staff shall be selected in approxi-
mately equal numbers from— 
"(A) the Army; 
"(B) the Navy and the Marine Corps; and 
"(C) the Air Force. 
"(2) Selection of officers of an armed force to serve on the Joint 
Staff shall be made by the Chairman from a list of officers submitted 
by that armed force. Each officer whose name is submitted shall be 
among those officers considered to be the most outstanding officers 
of that armed force. The Chairman may specify the number of 
officers to be included on any such list. 
"(3) The tenure of the members of the Joint Staff is subject to the 
approval of the Chairman of the Joint Chiefs of Staff.". 
98 STAT. 2612 
PUBLIC LAW 98-525—OCT. 19, 1984 
(2) Subsection (b) of such section is amended by striking out the 
second and third sentences. 
(3) Such section is further amended by adding at the end thereof 
the following new subsection: 
"(e) An officer who is assigned or detailed to duty on the Joint 
Staff may not serve for a tour of duty of more than four years. An 
officer completing a tour of duty with the Joint Staff may not be 
assigned or detailed to duty on the Joint Staff within two years after 
Prohibition. 
relief from that duty except with the approval of the Secretary. This 
subsection does not apply in time of war declared by Congress or in 
time of national emergency declared by the President.". 
(dXD Chapter 36 of title 10, United States Code, is amended by 
adding at the end thereof the following new section: 
1
0 use 646. 
"§ 646. Consideration of performance as a member of the Joint 
Staff 
"The Secretary of Defense, in consultation with the Chairman of 
the Joint Chiefs of Staff, shall ensure that officer personnel policies 
of the Army, Navy, Air Force, and Marine Corps concerning promo-
tion, retention, and assignment give appropriate consideration to 
the performance of an officer as a member of the Joint Staff.". 
(2) The table of sections at the beginning of subchapter V of such 
chapter is amended by adding at the end thereof the following new 
item: 
"646. Consideration of performance as a member of the Joint Staff.". 
REDUCTION IN HEADQUARTERS STAFFS 
SEC. 1302. (a) Not later than September 30, 1985, the Secretary of 
Defense shall reduce the total number of military and civilian 
personnel assigned to duty in the agencies of the Department of 
Defense and the military departments to perform management 
headquarters activities or management headquarters support activi-
ties by a number that is at lesist 2 percent below the total number of 
personnel requested by the President for fiscal year 1985 to perform 
such activities. 
(b) The number of military and civilian personnel assigned to the 
Office of the Secretary of Defense as of September 30,1985, may not 
exceed 1,730. However, if the Secretary of Defense determines that 
such action is necessary in the national interest, the Secretary may 
increase the number specified in the limitation in the preceding 
sentence, but such number may not be increased by more than 2 
percent. The Secretary shall promptly notify the Congress of any 
exercise of such authority. 
(c) Any reduction in military or civilian personnel assigned to 
perform management headquarters activities or management head-
quarters support activities in the National Security Agency/Central 
Security Service, the Defense Intelligence Agency, the Organization 
of the Joint Chiefs of Staff, or the Naval Intelligence Command may 
not be included for the purposes of complying with the requirements 
of subsection (a). 
(d) For purposes of this section, the terms "management head-
quarters activities" and "management headquarters support activi-
ties" have the same meanings as prescribed for such terms in 
Department of Defense Directive 5100.73 entitled "Department of 
Defense Management Headquarters and Headquarters Support", 
dated March 12,1981. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2613 
REPORT ON SIZE OF SERVICE SECRETARIATS 
SEC. 1303. Not later than December 15, 1984, the Secretary of 
Defense shall submit a report to Congress on the reasons for the 
disparity in size among the Offices of the Secretaries of the military 
departments and particularly on the reasons for the size of the 
Office of the Secretary of the Navy compared to the size of the Office 
of the Secretary of the Army and of the Secretary of the Air Force. 
For the purposes of this section, the Office of a Secretary of a 
military department includes the Secretary, the Under Secretary, 
the Assistant Secretaries of the military department, their staffs, 
and other elements of the executive parts of the military 
department. 
IMPLEMENTATION OF CERTAIN PERSONNEL POUCIES 
SEC. 1304. No funds appropriated to the Department of Defense 
Prohibition. 
may be used before July 1,1985, to comply with the regulation of the 
Office of Personnel Management referred to as Basic Installment 
311 of the Federal Personnel Manual (issued by the Office of Person-
nel Management on January 6,1984), concerning personnel suitabil-
ity, personnel security, personnel investigations, and suitability 
disqualification actions. 
EXPANSION OF AUTHORITY FOR COLLECTION OF DEBTS FROM MEMBERS 
OF THE ARMED FORCES 
SEC. 1305. Section 1007(c) of title 37, United States Code, is 
amended by striking out "an enlisted member of the Army or the 
Air Force" and inserting in lieu thereof "a member of the armed 
forces". 
INCREASED COAST GUARD MEMBERSHIP ON THE RESERVE FORCES POUCY 
BOARD 
SEC. 1306. Section 175(b) of title 10, United States Code, is 
amended by striking out "an officer of the Regular Coast Guard or 
the Coast Guard Reserve" and inserting in lieu thereof "two officers 
of the Coast Guard, regular or reserve,". 
UMITATION ON USE OF FUNDS FOR CONDUCTING POLYGRAPH 
EXAMINATIONS; REPORT 
SEC. 1307. (a) None of the funds appropriated pursuant to an 
authorization of appropriations contained in this or any other Act 
may be used for the purpose of implementing any revision of 
Department of Defense Directive 5210.48, dated October 6, 1975, 
relating to polygraph examinations and examiners except for the 
conduct of a test program involving not more than 3,500 persons. 
(b) Not later than December 31, 1985, the Secretary of Defense 
shall transmit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the use of polygraph 
examinations administered by or for the Department of Defense 
during the fiscal year 1985. The report shall include the number of 
polygraph examinations conducted, a description of the purposes 
and results of such examinations, and an explanation of the uses 
made of the results of the examinations, as well as detailed reports 
98 STAT. 2614 
PUBLIC LAW 98-525—OCT. 19, 1984 
on those cases in which more than two examinations were needed to 
attempt to resolve discrepancies, 
(c) This section does not apply— 
(1) in the case of any individual assigned to, or detailed to, the 
Central Intelligence Agency or to any expert or consultant 
under a contract with the Central Intelligence Agency; 
(2) in the case of any individual employed by, assigned to, or 
detailed to, the National Security Agency, any expert or con-
sultant under a contract with the National Security Agency, or 
any employee of a contractor of the National Security Agency; 
or 
(3) in the case of any individual applying for a position in the 
National Security Agency. 
Expiration date. 
(d) The provisions of subsection (a) shall expire on September 30, 
1985. 
TITLE XIV—CODIFICATION OF CERTAIN RECURRING AND 
PERMANENT PROVISIONS OF LAW 
AMENDMENTS TO TITLE 10, UNITED STATES CODE 
SEC. 1401. (a)(1) Chapter 31 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
10 use 520b. 
"§ 520b. Applicants for enlistment: authority to use funds for the 
issue of authorized articles 
"Funds appropriated to the Department of Defense may be used 
for the issue of authorized articles to applicants for enlistments.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"520b. Applicants for enlistments: authority to use funds for the issue of authorized 
articles.". 
(b)(1) Chapter 48 of such title is amended by adding at the end 
thereof the following new section: 
10 use 956. 
"§ 956. Deserters, prisoners, members absent without leave: ex-
penses and rewards 
"Funds appropriated to the Department of Defense may be used 
for the following purposes: 
"(1) Expenses for the apprehension and delivery of deserters, 
prisoners, and members absent without leave, including the 
payment of rewards, in an amount not to exceed $75, for the 
apprehension of any such person. 
"(2) Expenses of prisoners confined in nonmilitary facilities. 
"(3) Payment of a gratuity of not to exceed $25 to each 
prisoner upon release from confinement in a military or con-
tract prison facility. 
"(4) The issue of authorized articles to prisoners and other 
persons in military custody. 
"(5) Under such regulations as the Secretary concerned may 
prescribe, expenses incident to the maintenance, pay, and allow-
ances of prisoners of war, other persons in the custody of the 
Army, Navy, or Air Force whose status is determined by the 
Secretary concerned to be similar to prisoners of war, and 
persons detained in the custody of the Army, Navy, or Air Force 
pursuant to Presidential proclamation.". 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2615 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"956. Deserters, prisoners, members absent without leave: expenses and rewards.". 
(c)(1) Chapter 49 of such title is amended by adding at the end 
thereof the following new sections: 
"§ 979. Prohibition on loan and grant assistance to persons con- 
lo use 979. 
victed of certain crimes 
"Funds appropriated to the Department of Defense may not be 
used to provide a loan, a guarantee of a loan, or a grant to any 
person who has been convicted by a court of general jurisdiction of 
any crime which involves the use of (or assisting others in the use of) 
force, trespass, or the seizure of property undfer the control of an 
institution of higher education to prevent officials or students of the 
institution from engaging in their duties or pursuing their studies. 
"§980. Limitation on use of humans as experimental subjects 
lo use 980. 
"Funds appropriated to the Department of Defense may not be 
used for research involving a human being as an experimental 
subject unless— 
"(1) the informed consent of the subject is obtained in ad-
vance; or 
"(2) in the case of research intended to be beneficial to the 
subject, the informed consent of the subject or a legal represent-
ative of the subject is obtained in advance. 
"§ 981. Limitation on number of enlisted aides 
lo use 981. 
"(a) Subject to subsection (b), the total number of enlisted mem-
bers that may be assigned or otherwise detailed to duty as enlisted 
aides on the personal staffs of officers of the Army, Navy, Marine 
Corps, Air Force, and Coast Guard (when operating as a service of 
the Navy) during a fiscal year is the number equal to the sum of (1) 
four times the number of officers serving on active duty at the end 
of the preceding fiscal year in the grade of general or admiral, and 
(2) two times the number of officers serving on active duty at the end 
of the preceding fiscal year in the grade of lieutenant general or vice 
admiral. 
"(b) Not more than 300 enlisted members may be assigned to duty 
at any time as enlisted aides for officers of the Army, Navy, Air 
Force, and Marine Corps.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new items: 
"979. Prohibition on loan and grant assistance to persons convicted of certain 
crimes. 
"980. Limitation on use of humans as experimental subjects. 
"981. Limitation on number of enlisted aides.". 
(d)(1) Chapter 53 of such title is amended by adding after section 
1046 (as added by section 708) the following new sections: 
*
*
§ 1047. Allowance for civilian clothing 
lo use 1047. 
"The Secretary of the military department concerned may furnish 
civilian clothing, at a cost of not more than $40, to an enlisted 
member who is— 
"(1) discharged for misconduct or unsuitability or under con-
ditions other than honorable; 
"(2) sentenced by a civil court to confinement in a prison; 
98 STAT. 2616 
PUBLIC LAW 98-525—OCT. 19, 1984 
"(3) interned or discharged as an alien enemy; or 
"(4) discharged before completion of recruit training under 
honorable conditions for dependency, hardship, minority, or 
disability or for the convenience of the Government. 
10 use 1048. 
"§ 1048. Gratuity payment to persons discharged for fraudulent 
enlistment 
"The Secretary concerned may pay a gratuity of not to exceed $25 
to a person discharged for fraudulent enlistment. 
10 use 1049. 
"§ 1049. Subsistence: miscellaneous persons 
"The following persons may be provided subsistence at the ex-
pense of the United States: 
"(1) Enlisted members while sick in hospitals. 
"(2) Applicants for enlistment and selective service regis-
trants called for induction. 
"(3) Prisoners. 
"(4) Civilian employees, as authorized by law. 
"(5) Supernumeraries, when necessitated by emergent mili-
tary circumstances. 
10 use 1050. 
"§ 1050. Latin American cooperation: payment of personnel ex-
penses 
"The Secretary of a military department may pay the travel, 
subsistence, and special compensation of officers and students of 
Latin American countries and other expenses that the Secretary 
considers necessary for Latin American cooperation.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 1046 (as added 
by section 708) the following new items: 
"1047. Allowance for civilian clothing. 
"1048. Gratuity payment to persons discharged for fraudulent enlistment. 
"1049. Subsistence: miscellaneous persons. 
"1050. Latin American cooperation: payment of personnel expenses.". 
(3)(A) Section 7208 of such title is repealed. 
(B) The table of sections at the beginning of chapter 631 is 
amended by striking out the item relating to section 7208. 
(e)(1) Section 1074 of such title is amended by adding at the end 
thereof the following new subsection: 
"(c) Funds appropriated to a military department may be used to 
provide medical and dental care to persons entitled to such care by 
law or regulations, including the provision of such care (other than 
elective private treatment) in private facilities for members of the 
armed forces.". 
(2)(A) Chapter 55 of such title is amended by inserting after 
section 1074a the following new section: 
10 use 1074b. 
"§ 1074b. Medical care: authority to provide a wig 
"A person entitled to medical care under this chapter who has 
alopecia resulting from the treatment of a malignant disease may be 
furnished a wig if the person has not previously been furnished one 
at the expense of the United States.". 
(B) The table of sections at the beginning of such chapter is 
amended by inserting below the item relating to item 1074 the 
following new item: 
"1074b. Medical care: authority to provide a wig.". 
Repeal. 
10 u s e 7208. 
10 u s e 1074. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2617 
(3) Section 1077(b) of such title is amended by adding at the end 
10 use 1077. 
thereof the following new paragraph: 
"(3) The elective correction of minor dermatological blemishes 
and marks or minor anatomical anomalies.". 
(4)(A) Section 1079(a) of such title is amended— 
97 Stat. 648. 
(i) by striking out "and" at the end of clause (5); 
(ii) by striking out the period at the end of clause (6) and 
inserting in lieu thereof a semicolon; and 
(iii) by adding after clause (6) the following new clauses: 
"(7) services in connection with nonemergency inpatient hos-
pital care may not be provided if such services are available at a 
facility of the uniformed services located within a 40-mile radius 
of the residence of the patient, except that such services may be 
provided in any case in which another insurance plan or pro-
gram pays for at least 75 percent of the services; 
"(8) services of pastoral counselors, family and child counsel-
ors, or marital counselors may not be provided unless the 
patient has been referred to the counselor by a medical doctor 
for treatment of a specific problem with the results of that 
treatment to be communicated back to the medical doctor who 
made the referral; 
"(9) special education may not be provided, except when 
provided as secondary to the active psychiatric treatment on an 
institutional inpatient basis; 
"(10) therapy or counseling for sexual dysfunctions or sexual 
inadequacies may not be provided; 
"(11) treatment of obesity may not be provided if obesity is the 
sole or major condition treated; 
"(12) surgery which improves physical appearance but is not 
expected to significantly restore functions (including mammary 
augmentation, face lifts, and sex gender changes) may not be 
provided, except that— 
"(A) breast reconstructive surgery following a mastec-
tomy may be provided; 
"(B) reconstructive surgery to correct serious deformities 
caused by congenital anomalies or accidental injuries may 
be provided; and 
"(C) neoplastic surgery may be provided; 
"(13) any service or supply which is not medically or psycho-
logically necessary to prevent, diagnose, or treat a mental or 
physical illness, injury, or bodily malfunction as assessed or 
diagnosed by a physician, dentist, clinical psychologist, optom-
etrist, podiatrist, certified nurse-midwife, certified nurse practi-
tioner, or certified clinical social worker, as appropriate, may 
not be provided, except as authorized in clause (4); and 
"(14) the prohibition contained in section 1077(b)(3) of this Supra. 
title shall not apply in the case of a member or former member 
of the uniformed services.". 
(B) Paragraph (2) of section 1079(h) of such title is amended by 10 use 1079. 
striking out the second sentence and inserting in lieu thereof the 
following: "The Secretary of Defense shall adjust the base period as 
frequently as he considers appropriate.". 
(5)(A) Chapter 55 of such title is further amended by adding at the 
end thereof the following new section: 
98 STAT. 2618 
PUBLIC LAW 98-525—OCT. 19, 1984 
1
0 use 1093. 
"§ 1093. Restriction on use of funds for abortions 
"Funds available to the Department of Defense may not be used to 
perform abortions except where the life of the mother would be 
endemgered if the fetus were carried to term.". 
(B) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1093. Restriction on use of funds for abortions.". 
(fKl) Chapter 81 of such title is amended by adding at the end 
thereof the following new section: 
1
0 use 1589. 
"§ 1589. Prohibition on payment of lodging expenses when ade-
quate Government quarters are available 
"(a) Funds available to the Department of Defense (including 
funds in any working-capital fund) may not be used to pay the 
lodging expenses of a civilian employee of the Department of De-
fense while such employee is on official business away from his 
designated post of duty or, in the case of a person referred to in 
5 use 5703. 
section 5703 of title 5, while such person is away from his home or 
regular place of duty, when adequate Government quarters are 
available but are not occupied by such employee or person. 
"(b) Subsection (a) does not apply during a fiscal year to an 
employee whose duties can be expected to require official travel 
during more than one-half of the number of the basic administrative 
work weeks during that fiscal year.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new items: 
"1589. Prohibition on payment of lodging expenses when adequate Grovernment 
quarters are available.". 
(gXD Chapter 101 of such title is amended by adding after section 
2006 (as added by section 706(aXl)) the following new sections: 
1
0 use 2007. 
"§ 2007. Limitation on payment of tuition for off-duty training or 
education 
"(a) The Secretary of a military department may not pay more 
than 75 percent of the charges of an educational institution for the 
tuition or expenses of a member of the armed forces enrolled in such 
institution for education or training during his off-duty periods, 
except that— 
"(1) in the case of an enlisted member in the pay grade of E-5 
or higher with less than 14 years' service, not more than 90 
percent of the charges may be paid; 
"(2) in the case of a member enrolled in a high school comple-
tion program, all of the charges may be paid; and 
"(3) in the case of a commissioned officer, no part of the 
charges may be paid unless the officer agrees to remain on 
active duty for a period of at least two years after the comple-
tion of the training or education. 
"(b) The limitation in subsection (a) does not apply to the Program 
for Afloat College Education. 
1
0 use 2008. 
"§ 2008. Authority to use funds for certain educational purposes 
"Funds appropriated to the Department of Defense may be used to 
carry out section 10 of the Act of September 23,1950 (20 U.S.C. 640), 
relating to impact aid authorization. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2619 
"§ 2009. Military colleges: female students 
lo use 2009. 
"(a) Under regulations prescribed by the Secretary of Defense, any 
college or university designated by the Secretary of Defense as a 
militery college shall, as a condition of maintaining such designa-
tion, provide that qualified female undergraduate students enrolled 
in such college or university be eligible to participate in military 
training at such college or university. 
"(b) Regulations prescribed under subsection (a) may not require a Prohibition. 
college or university, as a condition of maintaining its designation as 
a military college or for any other purpose, to require female 
undergraduate students enrolled in such college or university to 
participate in military training.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 2006 (as added 
by section 706(aX2)) the following new items: 
"2007. Limitation on pajmient of tuition for off-duty training or education. 
"2008. Authority to use funds for certain educational purposes. 
"2009. Military colleges: female students.". 
(h) Section 2104(b) of such title is amended— 
lo use 2104. 
(1) by striking out "and" at the end of clause (5); 
(2) by striking out the period at the end of clause (6) and 
inserting in lieu thereof "; and"; and 
(3) by inserting after clause (6) the following new clause: 
"(7) execute a certificate of loyalty in such form as the 
Secretary of Defense prescribes or take a loyalty oath as pre-
scribed by the Secretary.". 
(iXD Chapter 147 of such title is amended by adding at the end 
thereof the following new section: 
"§ 2484. Commissary stores: expenses 
lo use 2484. 
"(a) Except to the extent authorized in regulations prescribed by 
the Secretary of a military department and approved by the Secre-
tary of Defense and except as provided in subsection (b), funds 
available to the Department of Defense may not be used to pay, in 
connection with the operation of any commissary store— 
"(1) the cost of purchases (including commercial transporta-
tion in the United States to the place of sale) and the cost of 
maintenance of operating equipment and supplies; 
"(2) the actual or estimated cost of utilities furnished by the 
United States; 
"(3) the actual or estimated cost of shrinkage, spoilage, and 
pilferage of merchandise under the control of the commissary 
store; or 
"(4) costs incurred in connection with obtaining the face value 
amount of manufacturer or vendor cents-off discount coupons 
by the commissary store (or other entity acting on behalf of the 
commissary store). 
"(b) Appropriated funds may be used to pay any costs described in 
subsection (a) but only to the extent that appropriation accounts 
used to pay such costs are reimbursed for the payment of such costs, 
including, in the case of any costs incurred in connection with 
discount coupons referred to in subsection (aX4), all fees or moneys 
received for hgindling or processing such coupons. The sales prices in 
commissary stores shall be adjusted to the extent necessary to 
provide sufficient gross revenues from the sales of such stores to 
make such reimbursements. Such adjustments shall be made under 
98 STAT. 2620 
PUBLIC LAW 98-525—OCT. 19, 1984 
regulations prescribed by the Secretary of the military department 
concerned and approved by the Secretary of Defense. 
"(c) Under regulations prescribed by the Secretary of Defense, 
utilities may be furnished without cost to a commissary store out-
side the United States or in Alaska or Hawaii. 
Transportation. 
"(d) Transportation outside the United States may be furnished in 
connection with the operation of commissary stores outside the 
United States.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2484. Commissary stores: expenses.". 
(jXD Chapter 157 of such title is amended by adding after section 
2637 (as added by section 614) the following new sections: 
1
0 use 2638. 
"§ 2638. Transportation of civilian clothing of enlisted members 
"The Secretary of the military department concerned may provide 
for the transportation of the civilian clothing of any person entering 
the armed forces £is an enlisted member to the member's home of 
record. 
1
0 use 2639. 
"§2639. Transportation to and from school for certain minor 
dependents 
"Funds appropriated to the Department of Defense may be used to 
provide minor dependents of members of the armed forces and of 
civilian officers and employees of the Department of Defense with 
transportation to and from primary and secondary schools if the 
schools attended by the dependents are not accessible by regular 
means of transportation.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 2637 (as added 
by section 614) the following new items: 
"2638. Transportation of civilian clothing of enlisted members. 
"2639. Transportation to and from school for certain minor dependents.". 
1
0 use 7204. 
(3XA) Section 7204(a) of such title is amended— 
(i) by striking out "may—" and inserting in lieu thereof 
"may"; 
(ii) by striking out "(1)"; 
(iii) by redesignating subclauses (A), (B), (C), and (D) as clauses 
(1), (2), (3), and (4), respectively; 
(iv) by striking out "; and" at the end of clause (1) and 
inserting in lieu thereof a period; and 
(v) by striking out clause (2). 
1
0 use 7204. 
(B) The heading of section 7204 of such title is amended to read as 
follows: 
"§ 7204. Schools near naval activities: Hnancial aid". 
(B) The item relating to such section in the table of sections at the 
beginning of chapter 631 of such title is amended to read as follows: 
"7204. Schools near naval activities: financial aid.". 
AMENDMENTS TO TITLE 37, UNITED STATES CODE 
SEC. 1402. (a) Section 206 of title 37, United States Code, is 
amended by adding at the end thereof the following new subsection: 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2621 
"(e) A member of the National Guard or of a reserve component of 
the uniformed services may not be paid under this section for more 
than four periods of equivalent training, instruction, duty, or appro-
priate duties performed during a fiscal year instead of the member's 
regular period of instruction or regular period of appropriate duty 
during that fiscal year.". 
(b)(1) Chapter 5 of such title is amended by inserting after section 
306 the following new section: 
"§306a. Special pay: members assigned to international military 
headquarters 
"Not more than nine members of the armed forces, including 
members detailed to international military headquarters, may be 
paid pay and allowances at rates referred to in section 625(d) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)).". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 306 the 
following new item: 
"306a. Special pay: members assigned to international military headquarters.". 
(c) Section 404 of such title is amended by adding at the end 
thereof the following new subsection: 
"(g) In the case of an enlisted member who is in a travel status 
and not entitled to receive per diem in lieu of subsistence for any 
day (or portion of a day) because the member is furnished meals in a 
Government mess, the member may not be paid a basic allowance 
for subsistence for such day (or portion of such day) that the member 
is furnished meals in a Government mess.". 
National 
Guard. 
Uniformed 
37 use 306a. 
37 use 404. 
Prohibition. 
REPEAL PROVISIONS 
SEC. 1403. (a)(1) Section 706 of the Department of Defense Appro-
priation Act, 1984 (Public Law 98-212; 97 Stat. 1437), is repealed. 
(2) Section 735 of such Act (97 Stat. 1444) is amended by striking 
out "medical and dental care of personnel entitled thereto by law or 
regulation (including charges of private facilities for care of military 
personnel, except elective private treatment);". 
(b) Section 809 of the Department of Defense Appropriation Au-
thorization Act, 1979 (Public Law 95-485; 92 Stat. 1623), is repealed. 
(c) Section 820 of the Department of Defense Appropriation Au-
thorization Act, 1976 (Public Law 94-106; 89 Stat. 544), is repealed. 
EFFECTIVE DATE 
SEC. 1404. The amendments made by sections 1401,1402, and 1403 
take effect on October 1,1985. 
10 use 138 note. 
10 use 138 note. 
10 use 2102 
note. 
10 use 520b 
note. 
CLERICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE 
SEC. 1405. Title 10, United States Code, is amended as follows: 
(1) Section 125(a) is amended by striking out "section 401 of 
title 50" and inserting in lieu thereof "section 2 of the National 
Security Act of 1947 (50 U.S.C. 401)". 
(2) Section 138(g) is amended by inserting "(22 U.S.C. 2795 et 
seq.)" after "chapter 5 of the Arms Export Control Act". 
(3) Section 139 is amended— 
(A) by striking out "thirty" both places it appears and 
inserting in lieu thereof "30"; and 
98 STAT. 2622 
PUBLIC LAW 98-525—OCT. 19, 1984 
(B) by striking out "ninety" and inserting in lieu thereof 
"90". 
10 use 175. 
(4) Section 175(c) is amended by inserting a comma after 
"Reserve Affairs" 
(5) Section 177(aXl) is amended by striking out "sec. 29-1001" 
and inserting in lieu thereof "sec. 29-501". 
(6) Section 191(a) is amended by striking out "such use in" 
and inserting in lieu thereof "such use is". 
(7XA) Section 264 is amended by striking out "Reserve compo-
nents" in subsection (b) and inserting in lieu thereof "reserve 
components". 
(B) The heading of such section is amended to read as follows: 
"§ 264. Reserve affairs: designation of general or flag ofHcer of 
each armed force; personnel and logistic support for 
Reserves". 
(C) The item relating to such section in the table of sections at 
the beginning of chapter 11 is amended to read as follows: 
"264. Reserve affairs: designation of general or flag officer of each armed force; per-
sonnel and logistic support for Reserves.". 
(8) Section 280 is amended by striking out "5597,". 
(9) Section 374(a)(3) is amended by striking out "(19 U.S.C. 
1202)". 
(10) Section 378 is amended by striking out "prior to the 
enactment of this chapter" and inserting in lieu thereof "before 
December 1,1981". 
(11) Section 630(2) is amended by striking out "eighteen-
month" and inserting in lieu thereof "18-month". 
(12) Section 633 is amended by striking out "twenty-eight" 
and inserting in lieu thereof "28". 
(13) Sections 634 and 635 are amended by striking out 
"thirty" and inserting in lieu thereof "30". 
(14) Section 636 is amended by striking out "thirty-five" and 
inserting in lieu thereof "35". 
(15) Section 637(a) is amended— 
(A) by striking out "twenty" in paragraph (2) and insert-
ing in lieu thereof "20"; and 
(B) by striking out "twenty-four" in paragraph (3) and 
inserting in lieu thereof "24". 
97 Stat. 670. 
(16) Section 673c(bXl) is amended by inserting "of this title" 
after "or 673b". 
(17) Section 680(aX2XD) is amended by striking out "Reserve 
Officer" and inserting in lieu thereof "reserve officer". 
(18) Section 701(g) is amended— 
(A) by striking out "sixty-day" and inserting in lieu 
thereof "60-day"; 
(B) by striking out "ninety-day" and inserting in lieu 
thereof "90-day"; and 
(C) by striking out "one hundred and fifty" both places it 
appears and inserting in lieu thereof "150". 
(19)(A) Section 1034 is amended by striking out "member of 
Congress" and inserting in lieu thereof "Member of Congress". 
(BXi) The heading of such section is amended to read as 
follows: 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2623 
*'§ 1034. Communicating with a Member of Congress". 
(11) The Item relating to such section in the table of sections at 
the beginning of chapter 53 is amended to read as follows: 
"1034. Communicating with a Member of Congress.". 
(20) Section 1035(b) is amended— 
lo use 1035. 
(A) by striking out "per centum" and inserting in lieu 
thereof "percent"; 
(B) by striking out "Act" and inserting in lieu thereof 
"subsection"; and 
(C) by striking out "ninety" and inserting in lieu thereof 
"90". 
(21) Section 1040(a) is amended by striking out "thirty" and 
inserting in lieu thereof "30". 
(22) The heading of section 1077 is amended by striking out 
the semicolon and inserting in lieu thereof a colon. 
(23) Section 1079(e) is amended by striking out the period at 
the end of the matter preceding clause (1) and inserting in lieu 
thereof "as follows:". 
(24) Section 1087(b)(2) is amended by inserting "(42 U.S.C. 
1395c et seq.)" after "the Social Security Act." 
(25) Section 1216(b) is amended by striking out "of this 
section". 
(26) Section 1401a(f) is amended by striking out "prior to the 
effective date of this subsection" and inserting in lieu thereof 
"before October 7,1975". 
(27) Section 1464(c) is amended by striking out "section 1466" 
97 Stat. 645. 
and inserting in lieu thereof "section 1465(c)". 
(28) Section 1465(cXl) is amended by striking out "(A)". 
97 Stat. 646. 
(29) Section 1586 is amended— 
(A) in subsection (b)— 
(i) by striking out "thirty" and inserting in lieu 
thereof "30"; 
(ii) by striking out "of this section" after "subsection 
(c)"; and 
(iii) by striking out "of this subsection"; 
(B) in subsection (c)— 
(i) by striking out "thirty" and inserting in lieu 
thereof "30"; 
(ii) by striking out "ninety days" both places it ap-
pears and inserting in lieu thereof "90 days"; 
(iii) by striking out "ninety-day" in paragraph (5) 
and inserting in lieu thereof "90-day"; 
(iv) by striking out "of this subsection" each place it 
appears in paragraphs (3), (4), and (5); 
(v) by striking out "such" in paragraph (5); and 
(vi) in paragraph (6)— 
(I) by striking out "of this subsection" after 
"paragraph (1)"; and 
(II) by striking out "of this subsection," after "as 
applicable,"; 
(C) by striking out "of this section" in subsections (d), 
(eXl), and (g)(1); and 
(D) by striking out "of this subsection" in subsection 
(eX2). 
98 STAT. 2624 
PUBLIC LAW 98-525—OCT. 19, 1984 
10 use 2002. 
(30) Section 2002(b) is amended by striking out "For the 
purposes of this section, the word" and inserting in lieu thereof 
"In this section,". 
(31) The item relating to section 2003 in the table of sections 
at the beginning of chapter 101 is amended by striking out the 
semicolon and inserting in lieu thereof a colon. 
(32) Section 2031(a) is amended by striking out "the date of 
enactment of this section" and inserting in lieu thereof "Octo-
ber 13,1964". 
(33) Section 2107(b) is amended by aligning the second sen-
tence flush with the left margin. 
(34) Section 2233 is amended— 
(A) by striking out "subsection (c) of this section" in 
subsection (a) and inserting in lieu thereof "to subsection 
(c)"; and 
(B) by striking out "or Territory, Puerto Rico, or the 
District of Columbia" both places it appears in the second 
sentence of subsection (b). 
(35) Section 2381(c) is amended— 
(A) by striking out "section 486 of title 40" and inserting 
in lieu thereof "section 205 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 486)"; and 
(B) by striking out "section 481(a) of that title" and 
inserting in lieu thereof "section 201(a) of that Act (40 
U.S.C. 481(a))". 
(36) The heading of section 2394a is amended to read as 
follows: 
"§ 2394a. Procurement of energy systems using renewable forms of 
energy". 
(37) Section 2577(a)(1) is amended by striking out "puposes" 
and inserting in lieu thereof "purposes". 
(38) Section 2668(aX10) is amended by striking out "section 
961 of title 43" and inserting in lieu thereof "the Act of 
March 4, 1911 (43 U.S.C. 961)". 
(39) Section 2672a is amended— 
(A) by designating the first sentence as subsection (a); 
(B) by striking out "operation" in such sentence and 
inserting in lieu thereof "operational"; 
(C) by designating the second sentence as subsection (b); 
and 
(D) in the fourth sentence— 
(i) by striking out "provision will" and inserting in 
lieu thereof "section shall"; and 
(ii) by striking out "Armed Services Committees" and 
inserting in lieu thereof "Committees on Armed 
Services . 
(40) Section 2675(b) is amended by striking out "thirty" and 
inserting in lieu thereof "30". 
(41) Section 2687 is amended— 
(A) by striking out "one thousand" in subsection (a)(2) 
and inserting in lieu thereof "1,000"; 
(B) by inserting "(42 U.S.C. 4321 et seq.)" in subsection 
(bX2) after "National Environmental Policy Act of 1969"; 
(C) by striking out "sixty" in subsection (b)(4) and insert-
ing in lieu thereof "60"; and 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2625 
(D) by striking out "three hundred" in subsection (d)(1)(B) 
and inserting in lieu thereof "300". 
(42)(A) The heading of section 2734a is amended to read as lo use 2734a. 
follows: 
"§ 2734a. Property loss; personal injury or death: incident to non-
combat activities of armed forces in foreign countries; 
international agreements". 
(B) The item relating to such section in the table of sections at 
the beginning of chapter 163 is amended to read as follows: 
"2734a. Property loss; personal injury or death: incident to noncombat activities of 
armed forces in foreign countries; international agreements.". 
(43) Section 2777(c) is amended by striking out "of this 
section". 
(44) Section 2822(bX3) is amended by striking out "section 
2833" and inserting in lieu thereof "section 2832". 
(45)(A) Section 2857(bXl) is amended by striking out "use of 
and all that follows through "the potential for" and inserting in 
lieu thereof "use of such forms of energy has the potential for". 
(B) The amendment made by subparagraph (A) shall take 
lo use 2857 
effect as if it had been included in the amendments made by note. 
section 801 of Public Law 97-321. 
(46) Section 3579(a) is amended by striking out "subsection 
(c)" and inserting in lieu thereof "subsection (b)". 
(47) Section 5897(b)(5) is amended by striking out the semi-
colon at the end and inserting in lieu thereof a period. 
(48) The item relating to chapter 661 in the table of chapters 
at the beginning of subtitle C is amended to read as follows: 
"661. Accountability and Responsibility 
7861". 
(49) Section 7227(a) is amended— 
(A) by striking out "routine" both places it appears and 
inserting in lieu thereof "Routine"; 
(B) by striking out "miscellaneous" and inserting in lieu 
thereof "Miscellaneous"; 
(C) by striking out the semicolons at the end of clauses (1) 
and (2) and inserting in lieu thereof periods; and 
(D) by striking out "; and" at the end of clause (3) and 
inserting in lieu thereof a period. 
(50) Section 7421(b) is amended by striking out "naval petro-
leum reserves numbered 1 and 2" and inserting in lieu thereof 
"Naval Petroleum Reserves Numbered 1 and 2". 
(51) Section 7422(b) is amended by striking out "of this 
section". 
(52) Sections 7426(a), 7431(b)(1), and 7431(c) are amended by 
inserting "of this title" after "section 7422(c)". 
(53) Section 7430 is amended— 
(A) by striking out "of this section" in subsection (d)(4); 
(B) subsection (g)(2)— 
(i) by striking out "thirty days" and inserting in lieu 
thereof "30 days"; and 
(ii) by striking out "thirty day" and inserting in lieu 
thereof "30-day^; and 
(C) by striking out "of this section" both places it appears 
in subsection (1X4). 
(54) Section 7572(bXlXB) is amended by striking out "on-
board" and inserting in lieu thereof "on board". 
98 STAT. 2626 
PUBLIC LAW 98-525—OCT. 19, 1984 
10 u s e 8851. 
(55) Section 8851(c) is amended by striking out "of this 
section". 
(56)(A) Sections 2127(b), 2388(c), and 6154 are amended by 
striking out "section 3324 (a) and (b)" and inserting in lieu 
thereof "subsections (a) and (b) of section 3324". 
(B) Section 7522(b) is amended by striking out "Section 3324 
(a) and (b) of title 31 does" and inserting in lieu thereof "Subsec-
tions (a) and (b) of section 3324 of title 31 do". 
(57) Section 9512(bXl) is amended by inserting "App." after 
"49 U.S.C.". 
Ante, p. 2510. 
TITLE XV—GENERAL PROVISIONS 
PART A—DEFENSE FINANCIAL MATTERS 
TRANSFER AUTHORITY 
SEC. 1501. (aXD Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, the Secretary 
may transfer amounts of authorizations made available to the De-
partment of Defense in this Act between any such authorizations (or 
any subdivisions thereof). Amounts of authorizations so transferred 
shall be merged with and be available for the same purposes as the 
authorization to which transferred. 
(2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may not 
exceed $2,000,000,000. 
(b) The authority provided by this section to transfer author-
izations— 
(1) may only be used to provide authority for higher priority 
items than the items from which authority is transferred; and 
(2) may not be used to provide authority for an item that has 
been denied authorization by Congress. 
(c) The Secretary of Defense shall promptly notify Congress of 
transfers made under the authority of this section. 
(d) Transfers between paragraphs of a subsection of section 301 
may be made without regard to the requirements of this section. 
PART B—PROVISIONS RELATING TO SPECIFIC PROGRAMS 
Establishment. 
CHEMICAL WARFARE REVIEW COMMISSION 
SEC. 1511. (a) The President shall establish a bipartisan commis-
sion to be known as the "Chemical Warfare Review Commission". 
Report. 
The Commission shall review the overall adequacy of the chemical 
warfare posture of the United States with particular emphasis on 
the question of whether the United States should produce binary 
chemical munitions, and shall report its findings and recommenda-
tions to the President not later than April 1, 1985. In developing its 
recommendations, the Commission shall consider— 
(1) the relationship of chemical stockpile modernization by 
the United States with the ultimate goal of the United States of 
achieving a multilateral, comprehensive, and verifiable ban on 
chemical weapons; 
(2) the adequacy of the existing United States stockpile of 
unitary chemical weapons in providing a credible deterrent to 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2627 
use by the Soviet Union of chemical weapons against United 
States and allied forces; 
(3) whether the binary chemical modernization program pro-
posed by the Department of Defense is adequate to support 
United States national security policy by posing a credible 
deterrent to chemical warfare; and 
(4) the ability of defensive measures alone to meet the Soviet 
chemical warfare threat and the adequacy of funding for cur-
rent and projected defensive measure programs. 
(b) The President shall submit to Congress the report of the 
President of U.S. 
Commission, together with the President's comments on the report. 
Report. 
not later than April 1,1985. 
RESTRICTION ON THE USE OF FUNDS FOR THE B-IB BOMBER AIRCRAFT 
PROGRAM 
SEC. 1512. None of the funds appropriated pursuant to an authori-
zation contained in this Act may be obligated or expended for the 
conduct of research, design, demonstration, development, or pro-
curement of more than 100 B-IB bomber aircraft (including any 
derivative or modified version of such aircraft) unless the Secretary 
of Defense first notifies the Committees on Armed Services of the 
Senate and House of Representatives of the specific purpose for 
which the funds are proposed to be used and the amount proposed to 
be expended for that purpose. 
CONFIGURATION OF THE FFG-7 CLASS GUIDED MISSILE FRIGATE 
SEC. 1513. The Secretary of the Navy may determine the configu-
ration of the FFG-7 class guided missile frigate for which funds 
were appropriated in the Department of Defense Appropriation Act, 
1984 (Public Law 98-212; 97 Stat. 1421), without regard to the 
provisions relating to the design of that frigate in the paragraph in 
title IV of that Act under the heading "SHIPBUILDING AND CONVER-
SION, NAVY". 
PROHIBITION A G A I N S T U S I N G F U N D S APPROPRIATED FOR THE ADVANCED 
TECHNOLOGY BOMBER AND THE ADVANCED CRUISE MISSILE PRO-
GRAMS FOR ANY OTHER PURPOSE 
SEC. 1514. (a) It is the sense of Congress that— 
(1) the capabilities inherent in the technologies associated 
with the Advanced Technology Bomber program and the Ad-
vanced Cruise Missile program are a critical national security 
asset for maintaining an adequate and credible deterrent 
posture; 
(2) such technologies and programs should be developed as 
rapidly as feasible in order to produce and deploy advanced 
systems which will complicate the military planning of the 
Soviet Union and as a consequence enhance the deterrent 
posture of the United States; 
(3) such technologies and programs should be funded at the 
levels authorized in this Act; and 
(4) all the funds appropriated for such programs should be 
fully used for such programs. 
(b) None of the funds appropriated pursuant to an authorization of 
appropriations in this Act to carry out the Advanced Technology 
98 STAT. 2628 
PUBLIC LAW 98-525—OCT. 19, 1984 
Bomber program or the Advanced Cruise Missile program may be 
used for any other purpose. 
PART C—MISCELLANEOUS DEFENSE REPORTING REQUIREMENTS 
EXTENSION OF TIME FOR REPORT OF THE COMMISSION ESTABLISHED BY 
THE MILITARY JUSTICE ACT OF 1983 
10 use 867 note. 
SEC. 1521. Section 9(b)(4) of the Mihtary Justice Act of 1983 (PubHc 
10 use 867. 
Law 98-209; 97 Stat. 1404) is amended by striking out "the first day 
of the ninth calendar month that begins after the date of the 
enactment of this Act" and inserting in lieu thereof "December 15, 
1984". 
STUDY OF FOREIGN SALES AND PROCUREMENT OF DEFENSE ARTICLES 
Commerce and 
SEC. 1522. (a)(1) The Secretary of Defense, in consultation with the 
trade. 
heads of other appropriate Federal agencies, shall carry out a study 
to assess how the adequacy of the industrial base of the United 
States in the event of a war or national emergency is affected— 
(A) by procurement by the Department of Defense of defense 
articles that are produced outside the United States or that are 
assembled from components, or fabricated from materials, pro-
duced outside the United States; and 
(B) by sales by the Department of Defense or commercial 
manufacturers of defense articles manufactured in the United 
States to purchasers outside the United States. 
(2) For the purposes of this section, the term "foreign-component 
defense article" means a defense article— 
(A) that was produced outside the United States; 
(B) that was assembled from over 50 percent components, or 
fabricated from over 50 percent materials, produced outside the 
United States; or 
(C) that contains a major component that w£is produced out-
side the United States. 
(b) The study under subsection (a) shall assess the effects of 
restrictions on the procurement of foreign-component defense arti-
cles on the overall United States balance of trade, on the balance of 
trade in defense articles, on treaties currently in effect, on the 
budgetary cost of national defense, on existing memoranda of under-
standing, on United States military alliances, and on efforts to 
increase the rationalization, standardization, and interoperability of 
articles used by North Atlantic Treaty Organization forces. 
(c) Restrictions to be considered for the purposes of subsection (b) 
shall include— 
(1) a prohibition on procurement of foreign-component 
defense articles; 
(2) a prohibition on procurement of a defense article (or a 
major component of a defense article) from a foreign source 
unless there is also a domestic producer of the article; 
(3) a prohibition on procurement of defense articles (and 
major components of defense articles) from a country with 
which the United States has an unfavorable balance of trade in 
defense articles; and 
(4) a prohibition on procurement of a defense article (or a 
major component of a defense article) from a foreign source of 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2629 
more than 50 percent of the total quantity of the defense article 
(or major component) to be procured. 
(d) The study under subsection (a) shall consider circumstances 
and requirements under a war or national emergency of both a brief 
duration and a long duration. 
(e) A report of the study under subsection (a) shall be submitted to 
the Committees on Armed Services of the Senate and House of 
Representatives not later than October 15,1985. 
REPORT 
ON 
USE 
OF 
AIR 
FORCE 
AIR 
REFUELING 
FLEET 
SEC. 1523. Not later than March 1, 1985, the Secretary of the Air 
Force shall submit to the appropriate committees of Congress a 
report analyzing the planned operational use of the Air Force's air 
refueling fleet throughout the remainder of the 1980's. This study 
shall include the planned use of the air refueling fleet for the Single 
Integrated Operational Plan (SIOP) and shall consider the growing 
number of potential contingency operations throughout the global 
spectrum of conflict to include multiple and simultaneous global 
threats. 
Report. 
Study. 
STUDY BY THE SECRETARY OF DEFENSE OF CURRENT AND POTENTIAL 
EXPLOITATION OF FOREIGN TECHNOLOGY BY THE DEPARTMENT OF 
DEFENSE 
SEC. 1524. (a)(1) The Secretary of Defense shall conduct a compre-
hensive study on how the Department of Defense can most effec-
tively benefit from technology obtained from both cooperative and 
noncooperative foreign sources. In carrying out the study, the Secre-
tary shall specifically consider— 
(A) the existing and any planned organizational changes 
within the Department of Defense with respect to the office or 
offices responsible for collecting and disseminating foreign 
technology; 
(B) whether additional funding is needed, and could be used in 
a cost-effective manner, for the collection of foreign technology 
by the various elements of the Department of Defense responsi-
ble for collecting and disseminating that technology; and 
(C) an evaluation of the effectiveness of the current programs 
of the Department of Defense for collecting and disseminating 
foreign technology. 
(2) Not later than March 1,1985, the Secretary shall submit to the Report. 
Committees on Armed Services of the Senate and House of Repre-
sentatives a report containing the results of the study conducted 
under paragraph (1), together with such comments and recommen-
dations as the Secretary considers appropriate. The Secretary shall 
also submit to such committees, at the same time as the report 
referred to in the preceding sentence is submitted, an unclassified 
report on the matters described in paragraph (1). 
(b) The Secretary of the Army may not transfer any of the 
functions now performed by the Foreign Science and Technology 
Center of the Material Development and Readiness Command of the 
Army to any other Office or agency within the Army until after the 
day on which the report referred to in subsection (a)(2) is received by 
the Committees on Armed Services of the Senate and House of 
Representatives, 
31-194 0 - 86 - 9 : QL.3 PartS 
98 STAT. 2630 
PUBLIC LAW 98-525—OCT. 19, 1984 
Lao People's 
Democratic 
Republic. 
Socialist 
Republic of 
Vietnam. 
President of U.S. 
President of U.S. 
Report. 
REPORT ON AMERICANS UNACCOUNTED FOR OR MISSING IN INDOCHINA 
SEC. 1525. (a) The Congress finds that— 
(1) the President has declared that the issue of the 2,483 
Americans missing or otherwise unaccounted for in Indochina is 
an issue of the highest national priority and has initiated high 
level discussions with the Governments of the Lao People's 
Democratic Republic and the Socialist Republic of Vietnam on 
the issue; 
(2) the Congress, on a bipartisan basis, fully supports these 
initiatives and realizes that the fullest possible accounting of 
those Americans can only be achieved with the cooperation of 
those governments; 
(3) the Government of the Lao People's Democratic Republic 
has recently taken positive actions to assist the United States 
Government in resolving the status of those missing Americans; 
and 
(4) the Government of the Socialist Republic of Vietnam has 
pledged to cooperate with the Government of the United States 
in resolving this humanitarian issue, separate from other issues 
dividing the two countries. 
(b) The Congress strongly urges the President— 
(1) to ensure that officials of the United States Government 
conscientiously and fully carry out the pledge of the President 
to commit the full resources of the United States Government to 
resolve the issue of the 2,483 Americans still missing or other-
wise unaccounted for in Indochina; 
(2) to pursue vigorously all reports concerning sightings of 
live Americans who may be among those missing or otherwise 
unaccounted for in Indochina; 
(3) to work to achieve the fullest possible accounting of all 
Americans missing or otherwise unaccounted for in Indochina; 
(4) to seek the immediate return of the remains of all Ameri-
cans who have died in Indochina and whose remains have not 
been returned; and 
(5) to make every effort to secure the further cooperation of 
the Lao People's Democratic Republic and the Socialist Repub-
lic of Vietnam in resolving this humanitarian issue of funda-
mental importance. 
(c) The Congress calls upon the Socialist Republic of Vietnam and 
the Lao People's Democratic Republic to accelerate cooperation with 
the United States in achieving the fullest possible accounting for 
Americans still missing in Indochina. 
(d) Not later than 180 days after the date of the enactment of this 
Act, the President shall submit to Congress a report detailing 
actions being taken by the United States Government described in 
subsection (b). 
REPORT ON SAFETY IN THE ARMY 
SEC. 1526. Not later than the end of the one-year period beginning 
on the date of the enactment of this Act, the Secretary of the Army 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report describing current and planned 
programs related to safety of personnel in the Army. The report 
shall include safety involving training exercises and safety in the 
operation of Army equipment. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2631 
REPORT ON ENHANCED MILITARY CAREER OPPORTUNITIES FOR NON-
PHYSICIAN HEALTH-CARE PROVIDERS 
SEC. 1527. Not later than March 15,1985, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report describing and evaluating a plan 
to enhance the military career opportunities of non-physician pro-
viders of health care. 
PART D—MISCELLANEOUS DEFENSE-RELATED MATTERS 
EXEMPTION FROM AUTHORITY TO INDUCT UNDER THE MILITARY SELEC-
TIVE SERVICE ACT ANY PERSON WHOSE MOTHER WAS KILLED IN LINE 
OF DUTY 
SEC. 1531. Section 6(o) of the Military Selective Service Act (50 
U.S.C. App. 456(o)) is amended by inserting "or the mother" after 
"the father" in clauses (1) and (2). 
PROHIBITION OF UNAUTHORIZED USES OP MARINE CORPS INSIGNIA 
SEC. 1532. (a)(1) Part IV of subtitle C of title 10, United States 
Code, is amended by adding at the end thereof the following new 
chapter: 
"CHAPTER 663—NAMES AND INSIGNIA 
"Sec. 
"7881. Unauthorized use of Marine CJorps insignia. 
"§7881. Unauthorized use of Marine Corps insignia 
1
0 use 7881. 
"(a) The seal, emblem, and initials of the United States Marine 
Corps shall be deemed to be insignia of the United States. 
"(b) No person may, except with the written permission of the 
Secretary of the Navy, use or imitate the seal, emblem, name, or 
initials of the United States Marine Corps in connection with any 
promotion, goods, services, or commercial activity in a manner 
reasonably tending to suggest that such use is approved, endorsed, 
or authorized by the Marine Corps or any other component of the 
Department of Defense. 
"(c) Whenever it appears to the Attorney General of the United L
a
w 
States that any person is engaged or is about to engage in an act or enforcement. 
practice which constitutes or will constitute conduct prohibited by 
subsection (b), the Attorney General may initiate a civil proceeding 
in a district court of the United States to enjoin such act or practice. 
Such court may, at any time before final determination, enter such 
restraining orders or prohibitions, or take such other action as is 
warranted, to prevent injury to the United States or to any person 
or class of persons for whose protection the action is brought.". 
(2) The table of chapters at the beginning of such subtitle, and the 
table of chapters at the beginning of part IV of such subtitle, are 
amended by inserting after the item relating to chapter 661 the 
following new item: 
"663. Names and Insignia 
7881". 
(b) The amendments made by subsection (a) shall not affect rights lo use 7881 
that vested before the date of the enactment of this Act. 
note. 
98 STAT. 2632 
PUBLIC LAW 98-525—OCT. 19, 1984 
IMPROVED READINESS AND TRAINING OF THE CIVIL AIR PATROL 
THROUGH PROVISION OF CERTAIN ADDITIONAL FEDERAL SERVICES 
SEC. 1533. (a) Subsection (b) of section 9441 of title 10, United 
States Code, relating to support of the Civil Air Patrol by the Air 
Force, is amended— 
(1) by striking out "and" at the end of clause (7); 
(2) by striking out the period at the end of clause (8) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new clauses: 
"(9) authorize the payment of expenses of placing into service-
able condition a major item of equipment furnished to the Civil 
Air Patrol under clause (1); 
"(10) authorize the purchase with funds appropriated to the 
Air Force of such major items of equipment as the Secretary 
considers needed by the Civil Air Patrol to carry out its mis-
sions; and 
"(11) furnish articles of the Air Force uniform to Civil Air 
Patrol cadets without cost to such cadets.". 
(b)(1) Chapter 909 of such title is amended by adding at the end 
thereof the following new section: 
1
0 use 9442. 
"§ 9442. Assistance by other agencies 
"The Secretary of the Air Force may arrange for the use by the 
Civil Air Patrol of such facilities and services under the jurisdiction 
of the Secretary of the Army, the Secretary of the Navy, or the head 
of any other department or agency of the United States as the 
Secretary of the Air Force considers to be needed by the Civil Air 
Patrol to carry out its mission. Any such arrangement shall be made 
under regulations prescribed by the Secretary of the Air Force with 
the approval of the Secretary of Defense and shall be subject to the 
agreement of the other military department or other department or 
agency of the United States furnishing the facilities or services.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"9442. Assistance by other agencies.". 
Effective date. 
(c) The amendments made by this section shall take effect on 
1
0 use 9441 
October 1,1984. 
note. 
PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN INTERNATIONAL 
SPORTS ACTIVITIES 
SEC. 1534. Section 717 of title 10, United States Code, relating to 
participation by members of the armed forces in international 
sports, is amended— 
(1) by striking out the semicolon at the end of subsection (aXD 
and inserting in lieu thereof "and qualifying events and prepar-
atory competition for those games;"; 
(2) by striking out "that competition" in subsection (a)(2) and 
inserting in lieu thereof "that competition, and qualifying 
events and preparatory competition for that competition"; 
(3) by striking out "(c), (d), and (e)" in subsection (b) and 
inserting in lieu thereof "(c) and (d)"; 
(4) by striking out "Not more than $800,000" in subsection (c) 
and inserting in lieu thereof "(1) Not more than $3,000,000"; 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2633 
(5) by striking out "(d)" before "Not more than $100,000" and 
inserting in lieu thereof "(2)"; 
(6) by striking out "March 14, 1955" both places it appears 
and inserting in lieu thereof "October 1,1980"; and 
(7) by redesignating subsection (e) as subsection (d). 
INSTRUCTION OF FOREIGN OFFICERS AT THE UNIFORMED SERVICES 
UNIVERSITY OF THE HEALTH SCIENCES 
SEC. 1585. Section 2114 of title 10, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(e)(1) The Board, upon approval of the Secretary of Defense, may 
enter into agreements with foreign military medical schools for 
reciprocal education programs under which students at the Univer-
sity receive specialized military medical instruction at the foreign 
military medical school and military medical personnel of the coun-
try of such medical school receive specialized military medical 
instruction at the University. Any such agreement may be made on 
a reimbursable basis or a nonreimbursable basis. 
"(2) Not more than 40 persons at any one time may receive 
instruction at the University under this subsection. Attendance of 
such persons at the University may not result in a decrease in the 
number of students enrolled in the University. Subsection (b) does 
not apply to students receiving instruction under this subsection. 
"(3) The Dean of the University, with the approval of the Secre-
tary of Defense, shall determine the countries from which persons 
may be selected to receive instruction under this subsection and the 
number of persons that may be selected from each country. The 
Dean may establish qualifications and methods of selection and 
shall select those persons who will be permitted to receive instruc-
tion at the University. The qualifications established shall be com-
parable to those required of United States citizens. 
"(4) Each foreign country from which a student is permitted to 
receive instruction at the University under this subsection shall 
reimburse the United States for the cost of providing such instruc-
tion, unless such reimbursement is waived by the Secretary of 
Defense. The Secretary of Defense shall prescribe the rates for 
reimbursement under this paragraph. 
"(5) Except as the Dean determines, a person receiving instruction 
at the University under this subsection is subject to the same 
regulations governing attendance, discipline, discharge, and dismis-
sal as a student enrolled in the University. The Secretary may 
prescribe regulations with respect to access to classified information 
by a person receiving instruction under this subsection that differ 
from the regulations that apply to a student enrolled in the 
University.". 
Reimbursement. 
Confidentiality. 
Regulations. 
COMMISSION ON MERCHANT MARINE AND DEFENSE 
SEC. 1536. (a) There is hereby established a commission to be 
known as the Commission on Merchant Marine and Defense (herein-
after in this section referred to as the "Commission"). 
(b) The Commission shall study problems relating to transporta-
tion of cargo and personnel for national defense purposes in time of 
war or national emergency, the capability of the United States 
merchant marine to meet the need for such transportation, and the 
adequacy of the shipbuilding mobilization base of the United States 
Establishment. 
46 u s e app. 
1120 note. 
Study. 
Transportation. 
98 STAT. 2634 
PUBLIC LAW 98-525—OCT. 19, 1984 
to meet the needs of naval and merchant ship construction in time 
of war or national emergency. Based on the results of the study, the 
Commission shall make such specific recommendations, including 
recommendations for legislative action, action by the executive 
branch, and action by the private sector, as the Commission consid-
ers appropriate to foster and maintain a United States merchant 
Reports. 
marine capable of meeting national security requirements. The 
recommendations of the Commission shall be provided in the reports 
of the Commission due on September 30, 1985, and September 30, 
1986, under subsection (g). 
(c)(1) The Commission shall be composed of seven members, £is 
follows: 
(A) The Secretary of the Navy (or his delegate), who shall be 
the chairman of the Commission. 
(B) The Administrator of the Maritime Administration (or his 
delegate). 
(C) Five members appointed by the President, by and with the 
advice and consent of the Senate, from among individuals of 
recognized stature and distinction who by reason of their back-
ground, experience, and knowledge in the fields of merchant 
ship operations, shipbuilding and its supporting industrial base, 
maritime labor, and defense matters are particularly suited to 
serve on the Commission, 
(2) A vacancy in the Commission shall be filled in the manner in 
which the original appointment was made. Appointments may be 
made under paragraph (1)(C) without regard to section 5311(b) of 
title 5, United States Code. Members appointed under such para-
graph shall be appointed for the life of the Commission. 
(3) Four members of the Commission shall constitute a quorum, 
but a lesser number may hold hearings. The Commission shall meet 
at the call of the chairman. 
(d) Members of the Commission appointed under subsection 
(cXl)(C) may each be paid at a rate equal to the daily equivalent of 
5 use 5315. 
the rate of basic pay payable for level IV of the Executive Schedule 
for each day (including travel time) during which they are engaged 
in the actual performance of the business of the Commission. Other 
members of the Commission shall receive no additional pay, allow-
ances, or benefits by reason of their service on the Commission. 
(eXl) The Commission may (without regard to section 5311(b) of 
title 5, United States Code) appoint an executive director, who shall 
be paid at a rate not to exceed the rate of basic pay payable for level 
5 use 5315. 
IV of the Executive Schedule. 
(2) The Commission may appoint such additional staff as it consid-
ers appropriate. Such personnel shall be paid at a rate not to exceed 
the rate of basic pay payable for grade GS-18 of the General 
Schedule under section 5332 of title 5, United States Code. 
(3) The executive director and staff of the Commission may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the executive branch and may be 
paid without regard to the provisions of chapter 51 and subchapter 
5 use 5101 
III of chapter 53 of such title relating to classification and General 
et seq., 5331. 
Schedule pay rates. 
(4) The Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code. 
(fKD The Secretary of the Navy and the Administrator of the 
Maritime Administration may detail personnel under their jurisdic-
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2635 
tion to the Commission to assist the Commission in carrying out its 
duties under this section. 
(2) The Secretary of the Navy and the Administrator of the 
Maritime Administration may provide to the Commission such 
administrative support services as the Commission may require. 
(g) Not later than June 30, 1985, and June 30, 1986, the Commis-
sion shall submit to the President and to Congress a report contain-
ing its findings of fact and its conclusions. Not later than September 
30, 1985, and September 30, 1986, the Commission, based upon those 
findings and conclusions, shall prepare a report containing the 
recommendations of the Commission as specified in subsection (b) 
and shall submit the report to the President and Congress. Each 
such report shall be prepared without any prior review or approval 
by any official of the executive branch (other than the members and 
staff of the Commission). 
(h) The Commission shall cease to exist 90 days after the date on 
which the final report of the Commission under subsection (g) is 
submitted to the President and the Congress. 
(i) There is authorized to be appropriated for fiscal years 1985, 
1986, and 1987, a total of $1,500,000 to carry out this section. Any 
amount appropriated under this subsection shall remain available 
until September 30,1987. 
Reports. 
Termination 
date. 
Appropriation 
authorization. 
DEPARTMENT OF DEFENSE AIR TRAFFIC CONTROLLERS 
SEC. 1537. (a) Section 4109(c) of title 5, United States Code, is 
amended by inserting "and the Secretary of Defense may pay an 
individual training to be an air traffic controller of the Department 
of Defense," after of such Administration,". 
(b) Section 5532(f) of such title is amended— 
(1) in paragraph (1) by inserting "or of the Secretary of 
Defense" after "Administrator, Federal Aviation Administra-
tion,"; and 
(2) in paragraph (2)— 
(A) by inserting "or the Secretary of Defense" after "Ad-
ministrator, Federal Aviation Administration,"; and 
(B) by inserting "or such Secretary, respectively" before 
the period. 
(c)(1) Subsection (a) of section 5546a of such title is amended— 
(A) by inserting "and the Secretary of Defense (hereafter in 
this section referred to as the 'Secretary')" after "referred to as 
the 'Administrator')"; 
(B) in paragraph (1) by inserting "or the Department of 
Defense" after "Federal Aviation Administration 
and by in-
serting "or the Secretary" after "by the Administrator"; and 
(C) in paragraph (2) by inserting "or the Department of 
Defense" after "Federal Aviation Administration" and by 
inserting "or the Secretary" after 
"determined 
by 
the 
Administrator''. 
(2) Subsection (c)(1) of such section is amended— 
(A) by inserting "or the Secretary" after "Administrator" 
both places it appears; and 
(B) by inserting "or the Department of Defense" after "Fed-
eral Aviation Administration'; 
(3) Subsection (d) of such section is amended— 
(A) in paragraph (1) by inserting "or the Secretary" after 
"Administrator" both places it appears and inserting "or the 
5 u s e 5532. 
5 u s e 5546a. 
98 STAT. 2636 
PUBLIC LAW 98-525—OCT. 19, 1984 
5 u s e 5547. 
5 u s e 8344. 
Effective date. 
5 u s e 4109 note. 
Department of Defense" after "Federal Aviation Administra-
tion"; and 
(B) in paragraph (2) by inserting "or the Department of 
Defense" after "Federal Aviation Administration". 
(4) Subsection (e)(1) of such section is amended— 
(A) by inserting "or the Secretary" after "Administrator"; 
and 
(B) by inserting "or the Department of Defense" after "Fed-
eral Aviation Administration'. 
(5) Subsection (f) of such section is amended— 
(A) in paragraph (1) by inserting "or the Secretary" after 
"Administrator" and by inserting or the Department of De-
fense" after "Federal Aviation Administration"; and 
(B) in paragraph (2) by inserting "and the Secretary" after 
"Administrator". 
(6XA) The heading of such section is amended by inserting at the 
end thereof "and the Department of Defense". 
(B) The item relating to section 5546a in the analysis of chapter 55 
of such title is amended by inserting "and the Department of 
Defense" before the period. 
(d) Section 5547 of such title is amended by inserting "or the 
Department of Defense" after "Federal Aviation Administration". 
(e) Section 8344(h)(1) of such title is amended by inserting "or the 
Secretary of Defense" after "Administrator, Federal Aviation 
Administration,". 
(f) The amendments made by this section shall take effect on 
October 1,1984. 
Contracts. 
10 u s e 4657. 
Effective date. 
10 u s e 4657 
note. 
SALE OF AMMUNITION FOR AVALANCHE-CONTROL PURPOSES 
SEC. 1538. (a)(1) Chapter 441 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
''§ 4657. Sale of ammunition for avalanche-control purposes 
"Subject to the needs of the Army, the Secretary of the Army may 
sell ammunition for military weapons which are used for avalanche-
control purposes to any State (or entity of a State) or to any other 
non-Federal entity that has been authorized by a State to use those 
weapons in that State for avalanche-control purposes. Sales of am-
munition under this section shall be on a reimbursable basis and 
shall be subject to the condition that the ammunition be used only 
for avalanche-control purposes.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"4657. Sale of ammunition for avalanche-control purposes.". 
(b) Section 4657 of title 10, United States Code, as added by 
subsection (a), shall take effect on October 1,1984. 
SUPPLEMENTAL INFORMATION TO THE ENVIRONMENTAL IMPACT STATE-
MENT OF THE NAVY ON THE PROPOSED TRANSFER OF CERTAIN 
PERSONNEL 
SEC. 1539. In addition to any other requirement regarding an 
environmental impact statement prepared by the Secretary of the 
Navy in connection with the 1981 Navy master plan to vacate leased 
space by transferring military and civilian personnel of the Depart-
ment of the Navy from Arlington County, Virginia, to the Washing-
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2637 
ton Navy Yard in Washington, District of Columbia, the Secretary 
of the Navy shall also prepare as a supplement to such impact 
statement a detailed analysis with respect to the following matters: 
(1) The socio-economic impact on the area from which the 
transfer is proposed to be made. 
(2) The impact of the proposed transfer on the traffic capacity 
of bridges over the Potomac River and the Anacostia River. 
(3) The impact of the proposed transfer on shuttle require-
ments of the Department of Defense. 
(4) The overall impact of the proposed transfer on the area 
from which the transfer is proposed to be made and on the area 
to which the transfer is proposed to be made, taking into 
consideration all other planned moves of personnel by the Navy 
to the Washington Navy Yard and by all other agencies of the 
Government. 
(5) The impact of such proposed transfer, and all other 
planned transfers to the Washington Navy Yard, on both 
present and potential parking capacity in the vicinity of such 
facility. 
(6) The impact of the proposed transfer on communications 
and security requirements of the Navy. 
(7) The impact of the proposed transfer on supporting and 
servicing contractors and the impact that the movement of such 
contractors will likely have on public and private facilities in 
the area from which they move and the area to which they 
move. 
AUTHORIZATION FOR SECRETARY OF DEFENSE TO TRANSPORT 
HUMANITARIAN RELIEF SUPPLIES TO COUNTRIES IN CENTRAL AMERICA 
SEC. 1540. (a) Notwithstanding any other provision of law, during 
fiscal year 1985, the Secretary of Defense may transport on a space 
available basis, at no charge, to any country in Central America 
goods and supplies which have been furnished by a nongovernmen-
tal source and which are intended for humanitarian assistance. 
(b)(1) The President shall institute procedures, including complete President of U.S. 
inspection prior to acceptance for transport, for determining that— 
(A) the transport of any goods and supplies transported under 
this section is consistent with foreign policy objectives; 
(B) the goods and supplies to be transported are suitable for 
humanitarian purposes and are in usable condition; 
(C) there is a legitimate humanitarian need for such goods 
and supplies; 
(D) the goods and supplies will in fact be used for humani-
tarian purposes; and 
(E) there are adequate arrangements for the distribution of 
such goods and supplies in the country of destination. 
(2) Goods and supplies determined not to meet the criteria of Prohibition, 
paragraph (1) may not be transported under this section. 
(3) It shall be the responsibility of the donor to ensure that goods 
or supplies to be transported under this section are suitable for 
transport. 
(c) Goods and supplies transported under this section may be 
distributed by an agency of the United States Government, a foreign 
government, or international organization, or a private nonprofit 
relief organization. The Secretary of Defense may not accept any 
goods or supplies for transportation under this section unless verifi-
98 STAT. 2638 
PUBLIC LAW 98-525—OCT. 19, 1984 
Report. 
cation of adequate arrangements has been received in advance for 
distribution of such goods and supplies. 
(d) Goods or supplies transported under this section may not be 
distributed, directly or indirectly, to any individual, group, or orga-
nization engaged in military or paramilitary activity. 
(e) No later than 90 days after the date of the enactment of this 
section, and every 60 days thereafter, the Secretary of State shall 
report to the Congress concerning the origin, contents, destination, 
and disposition of all goods and supplies transported under this 
section. 
PART E—OTHER MISCELLANEOUS MATTERS 
Vessels. 
Vietnam. 
SURVIVORS OF THE GLOMAR JAVA SEA 
SEC. 1541. (a) The Congress finds that— 
(1) on October 26, 1983, the United States registered oil 
drilling ship Glomar Java Sea was reported missing during 
stormy weather at its drilling site 60 miles off Hainan Island in 
the South China Sea and was found sunken near its drilling site 
on November 1,1983; 
(2) no evidence has been found of 46 of the 81 crewmen, 
including citizens of the United States, or of the lifeboats which, 
reportedly, were launched from the Glomar Java Sea, despite 
an intensive cooperative search involving United States mili-
tary search and rescue aircraft and commercial vessels; 
(3) the Chairman of the United States Coast Guard Marine 
Board of Investigation has concluded that it is possible that 
crewmembers of the Glomar Java Sea survived and drifted into 
waters near the coast of Vietnam; and 
(4) the Government of Vietnam has refused to allow an 
independent search for the possible survivors to be conducted in 
waters within 20 miles of such coast. 
(b) Considering the findings set out in subsection (a), it is the sense 
of the Congress that the President should, through all appropriate 
bilateral and multilateral channels, continue and accelerate the 
effort to obtain the cooperation of the Government of Vietnam in 
ascertaining the fate or locations of the 46 crewmen of the sunken 
United States registered vessel Glomar Java Sea. 
POLICY REGARDING THE FURNISHING OF FOOD AND MEDICAL SUPPUES 
TO AFGHANISTAN 
SEC. 1542. (a) The Congress 
finds-
C
D that after more than four years of occupation by the 
military forces of the Soviet Union, the freedom-loving people of 
Afghanistan continue bravely to resist the oppression of the 
Soviet Union; 
(2) that the current Soviet Union offensive has resulted in 
great suffering and destruction in Afghanistan and has intensi-
fied the Soviet policy which targets civilian populations; and 
(3) that this "scorched earth" policy of the Soviet Union, 
which has resulted in the destruction of crops, food supplies, 
farms, hospitals, and other public buildings in Afghanistan, has 
been a desperate attempt on the part of the Soviet Union to 
subdue the population of that country or to force the depopula-
tion of certain areas which the occupying forces of the Soviet 
Union are unable to control. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2639 
(b) It is, therefore, the sense of Congress that the free world should 
take all appropriate steps to ensure that the people of Afghanistan 
have food and medical supplies adequate to sustain themselves as 
they struggle to regain their freedom. 
REAFFIRMATION OF UNITED STATES POUCY TOWARD CUBA 
SEC. 1543. (a) It is the policy of the Grovemment of the United 
States to continue in its relations with the Government of Cuba the 
policy set forth in the joint resolution entitled "Joint resolution 
expressing the determination of the United States with respect to 
the situation in Cuba", approved by the President on October 3,1962 
(Public Law 87-733; 76 Stat. 697). 
(b) Nothing in this section shall be deemed to change or otherwise 
affect the standards and procedures provided in the National 
Security Act of 1947, the Foreign Assistance Act of 1961, or the War 
Powers Resolution. This section does not constitute the statutory 
authorization for introduction of United States Armed Forces con-
templated by the War Powers Resolution. 
REPORT ON USE OF CUBAN AND RUSSIAN NICKEL IN DEFENSE 
PROCUREMENTS 
SEC 1544. Not later than April 1, 1985, the Secretary of Defense 
shall submit to Congress a report on the effects on the national 
security of the United States of procurement by the Department of 
Defense of products containing nickel produced in Cuba or the 
Soviet Union. The report shall be prepared after consultation with 
the Secretaries of Commerce, the Interior, and the Treasury. 
TITLE XVI—DEPARTMENT OF ENERGY NATIONAL 
SECURITY PROGRAMS 
SHORT TITLE 
SEC. 1600. This title may be cited as the "Department of Energy 
National Security and Military Applications of Nuclear Energy 
Authorization Act of 1985". 
50 u s e 401 note, 
22 u s e 2151 
note. 
50 u s e 1541 
note. 
Department of 
E n e r ^ National 
Security and 
Military 
Applications of 
Nuclear Energy 
Authorization 
Act of 1985. 
PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS 
OPERATING EXPENSES 
SEC. 1601. Funds are authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1985 for operating expenses incurred 
in carrying out national security programs (including scientific 
research and development in support of the Armed Forces, strategic 
and critical materials necessary for the common defense, and mili-
tary applications of nuclear energy and related management and 
support activities) as follows: 
(1) For naval reactors development, $426,400,000. 
(2) For weapons activities, $3,364,130,000, to be allocated as 
follows: 
(A) For research and development, $805,625,000. 
(B) For weapons testing, $532,000,000. 
(C) For the defense inertial confinement fusion program, 
$154,750,000, of which— 
98 STAT. 2640 
PUBLIC LAW 98-525—OCT. 19, 1984 
(i) $92,700,000 shall be used for glass laser experi-
ments; 
(ii) $42,100,000 shall be used for gas laser experi-
ments; 
(iii) $19,200,000 shall be used for pulsed power experi-
ments; and 
(iv) $750,000 shall be used for supporting research. 
(D) For production and surveillance, $1,810,900,000. 
(E) For program direction, $60,855,000. 
(3) For verification and control technology, $73,700,000, of 
which $3,200,000 shall be used for program direction. 
(4) For defense nuclear materials production, $1,407,090,000, 
to be allocated as follows: 
(A) For uranium enrichment, $142,800,000. 
(B) For production reactor operations, $551,235,000. 
(C) For 
processing 
of 
defense 
nuclear 
materials, 
$379,770,000. 
(D) For special isotope separation, $60,000,000. 
(E) For supporting services, $252,985,000. 
(F) For program direction, $20,300,000. 
(5) For defense nuclear WEiste and byproduct management, 
$358,700,000, to be allocated as follows: 
(A) For interim waste management, $240,400,000. 
(B) For 
long-term 
waste 
management 
technology, 
$90,400,000. 
(C) For terminal waste storage, $25,800,000. 
(D) For program direction, $2,100,000. 
(6) For nuclear materials safeguards and security technology 
development program, $58,000,000, of which $7,600,000 shall be 
used for program direction. 
(7) For security investigations, $34,000,000. 
PLANT AND CAPITAL EQUIPMENT 
SEC. 1602. Funds are authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1985 for plant and capital equipment 
(including planning, construction, acquisition, and modification of 
facilities, land acquisition related thereto, and acquisition and fabri-
cation of capital equipment not related to construction) necessary 
for national security programs as follows: 
(1) For naval reactors development: 
Project 85-N-lOl, general plant projects, various locations, 
$2,000,000. 
Project 82-N-lll, materials facility, Savannah River, South 
Carolina, $40,000,000, for a total project authorization of 
$165,000,000. 
Project 81-T-112, modifications and additions to prototype 
facilities, various locations, $6,000,000, for a total project au-
thorization of $110,000,000. 
(2) For weapons activities: 
Project 85-D-lOl, general plant projects, various locations, 
$29,600,000. 
Project 85-D-lll, general plant projects, various locations, 
$30,200,000. 
Project 85-D-102, nuclear weapons research, development, 
and testing facilities revitalization, phase I, various locations, 
$35,400,000. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2641 
Project 85-D-103, safeguards and security enhancements, 
Lawrence Livermore National Laboratory and Sandia National 
Laboratories, Livermore, California, $4,700,000. 
Project 85-D-104, test devices assembly building, Los Alamos 
National Laboratory, Los Alamos, New Mexico, $800,000. 
Project 85-D-105, combined device assembly ifacility, Nevada 
Test Site, Nevada, $3,000,000. 
Project 85-D-106, hardened radiography facility, site 300, 
Lawrence Livermore National Laboratory, Livermore, Califor-
nia, $800,000. 
Project 85-D-112, enriched uranium recovery improvements, 
Y-12 Plant, Oak Ridge, Tennessee, $4,500,000. 
Project 85-D-113, powerplant and steam distribution system, 
Pantex Plant, Amarillo, Texas, $4,500,000. 
Project 85-D-114, safeguards vaults, Y-12 Plant, Oak Ridge, 
Tennessee, $3,100,000. 
Project 85-D-115, renovate plutonium building utility sys-
tems. Rocky Flats Plant, Golden, Colorado, $2,900,000. 
Project 85-D-121, air and water pollution control facilities, 
Y-12 Plant, Oak Ridge, Tennessee, $5,000,000. 
Project 85-D-122, safeguards and site security upgrade. 
Mound Facility, Miamisburg, Ohio, $2,700,000. 
Project 85-D-123, safeguards and site security upgrade, phase 
I, Pantex Plant, Amarillo, Texas, $1,000,000. 
Project 85-D-124, safeguards and site security upgrade. Rocky 
Flats, Golden, Colorado, $1,000,000. 
Project 85-D-125, tactical bomb production facilities, various 
locations, $10,000,000. 
Project 84-D-102, radiation-hardened integrated circuit labo-
ratory, Sandia National Laboratories, Albuquerque, New 
Mexico, $20,000,000, for a total project authorization of 
$22,000,000. 
Project 84-D-103, hardened central guard force facility, Los 
Alamos National Laboratory, Los Alamos, New Mexico, 
$5,600,000, for a total project authorization of $6,200,000. 
Project 84-D-104, nuclear materials storage facility, Los 
Alamos National Laboratory, Los Alamos, New Mexico, 
$6,500,000, for a total project authorization of $7,200,000. 
Project 84-D-105, safeguards and security upgrades, phase I, 
Los Alamos National Laboratory, Los Alamos, New Mexico, 
$10,100,000, for a total project authorization of $15,100,000. 
Project 84-D-106, security system upgrade, Sandia National 
Laboratories, Albuquerque, New Mexico, $2,300,000, for a total 
project authorization of $3,800,000. 
Project 84-D-107, nuclear testing facilities revitalization, var-
ious locations, $21,900,000, for a total project authorization of 
$35,400,000. 
Project 84-D-112, TRIDENT II warhead production facilities, 
various locations, $60,700,000, for a total project authorization 
of $80,000,000. 
Project 84-D-114, consolidated manufacturing facility. Rocky 
Flats Plant, Golden, Colorado, $18,100,000, for a total project 
authorization of $42,200,000. 
Project 84-D-115, electrical system expansion, Pantex Plant, 
Amarillo, Texas, $10,000,000, for a total project authorization of 
$11,500,000. 
98 STAT. 2642 
PUBLIC LAW 98-525—OCT. 19, 1984 
Project 84-D-117, inert assembly and test facility, Pantex 
Plant, Amarillo, Texas, $11,700,000, for a total project authori-
zation of $13,200,000. 
Project 84-D-119, railroad track replacement and upgrade, 
Pantex Plant, Amarillo, Texas, $6,800,000, for a total project 
authorization of $7,600,000. 
Project 84-D-120, explosive component test facility. Mound 
Facility, Miamisburg, Ohio, $16,900,000, for a total project au-
thorization of $20,000,000. 
Project 84-D-121, safeguards and site security upgrading. 
Rocky Flats Plant, Golden, Colorado, $11,200,000, for a total 
project authorization of $21,200,000. 
Project 84-D-124, environmental improvements, Y-12 Plant, 
Oak Ridge, Tennessee, $21,400,000, for a total project authoriza-
tion of $29,000,000. 
Project 84-D-211, safeguards and site security upgrading, 
Y-12 Plant, Oak Ridge, Tennessee, $8,000,000, for a total project 
authorization of $15,500,000. 
Project 84-D-212, safeguards and site security upgrade, Pinel-
las Plant, Florida, $2,700,000, for a total project authorization of 
$3,700,000. 
Project 83-D-199, buffer land acquisition, Lawrence Liver-
more National Laboratory and Sandia National Laboratories, 
Livermore, Cedifornia, $7,000,000, for a total project authoriza-
tion of $17,000,000. 
Project 82-D-107, utilities and equipment restoration, re-
placement 
and 
upgrade, 
phase 
III, 
various 
locations, 
$165,000,000, for a total project authorization of $570,400,000. 
Project 82-D-lll, interactive graphics systems, various loca-
tions, $6,800,000, for a total project authorization of $20,000,000. 
Project 82-D-144, simulation technology laboratory, Sandia 
National Laboratories, Albuquerque, New Mexico, $11,500,000, 
for a total project authorization of $23,700,000. 
Project 82-D-150, weapons materials research and develop-
ment facility, Lawrence Livermore National Laboratory, Liver-
more, California, $16,800,000, for a total project authorization of 
$27,200,000. 
Project 81-D-lOl, particle beam fusion accelerator-II, Sandia 
National Laboratories, Albuquerque, New Mexico, $3,500,000, 
for a total project authorization of $45,650,000. 
Project 81-D-115, missile X warhead production facilities, 
various locations, $20,900,000, for a total project authorization 
of $125,000,000. 
Project 81-D-120, control of effluents and pollutants, Y-12 
Plant, Oak Ridge, Tennessee, $1,400,000, for a total project 
authorization of $7,800,000. 
Project 81-D-134, earthquake damage restoration, Sandia Na-
tional Laboratories, Livermore, California, $4,900,000, for a 
total project authorization of $8,600,000. 
Project 79-7-0, universal pilot plant, Pantex Plant, Amarillo, 
Texas, $3,800,000, for 
a 
total 
project 
authorization 
of 
$15,900,000. 
(3) For verification and control technology: 
Project 85-D-171, space science laboratory, Los Alamos, New 
Mexico, $1,000,000. 
(4) For materials production: 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2643 
Project 85-D-131, general plant projects, various locations, 
$30,000,000. 
Project 85-D-132, plant engineering and design, various loca-
tions, $2,000,000. 
Project 85-D-136, components protection system, 100-N area, 
Richland, Washington, $3,300,000. 
Project 85-D-137, vault safety special nuclear material inven-
tory system, Richland, Washington, $2,500,000. 
Project 85-D-139, fuel processing restoration, Idaho Fuels 
Processing Facility, Idaho National Engineering Laboratory, 
Idaho, $10,000,000. 
Project 85-D-140, productivity and radiological improve-
ments. Feed Materials Productions Center, Fernald, Ohio, 
$6,000,000. 
Project 85-D-142, fuel tube facilities, fuel preparation area. 
Savannah River, South Carolina, $8,000,000. 
Project 85-D-145, uranyl nitrate to oxide conversion facility, 
Savannah River, South Carolina, $1,800,000. 
Project 84-D-130, modification processing facility substations. 
Savannah River, South Carolina, $200,000, for a total project 
authorization of $5,800,000. 
Project 84-D-134, safeguards and security improvements, 
Plantwide, Savannah River, South Carolina, $14,900,000, for a 
total project authorization of $26,900,000. 
Project 84-D-136, enriched uranium conversion facility modi-
fications, Y-12 Plant, Oak Ridge, Tennessee, $8,000,000, for a 
total project authorization of $12,400,000. 
Project 84-D-137, facility security systems upgrade, Idaho 
Fuels Processing Facility (IFPF), Idaho National Engineering 
Laboratory, Idaho, $8,000,000, for a total project authorization 
of $10,000,000. 
Project 83-D-146, water pollution control, Feed Materials 
Production Center, Fernald, Ohio, $4,100,000, for a total project 
authorization of $9,500,000. 
Project 83-0-147, pollution discharge elimination. Savannah 
River, South Carolina, $2,150,000, for a total project authoriza-
tion of $8,650,000. 
Project 83-D-148, nonradioactive hazardous waste manage-
ment, Savannah River, South Carolina, $11,500,000, for a total 
project authorization of $19,000,000. 
Project 83-D-180, facility storage modifications, various loca-
tions, $6,500,000, for a total project authorization of $15,800,000. 
Project 82-D-124, restoration of production capabilities, 
phases II, III, IV, and V, various locations, $68,800,000, for a 
total project authorization of $300,634,000. 
Project 82-D-128, plant perimeter security systems upgrade, 
Idaho Fuels Processing Plant, Idaho National Engineering Lab-
oratory, Idaho, $400,000, for a total project authorization of 
$5,400,000. 
Project 82-D-136, fuel processing facilities upgrade, Idaho 
Fuels Processing Facility, Idaho National Engineering Labora-
tory, Idaho, $1,000,000, for a total project authorization of 
$46,000,000. 
Project 82-D-201, special plutonium recovery facilities, JB-
Line, Savannah River, South Carolina, $24,400,000, for a total 
project authorization of $61,400,000. 
(5) For defense w£iste and byproducts management: 
98 STAT. 2644 
PUBLIC LAW 98-525—OCT. 19, 1984 
Project 85-D-156, general plant projects, interim waste oper-
ations and long-term waste management technology, various 
locations, $23,645,000. 
Project 85-D-157, seventh calcined solids storage facility, 
Idaho Chemical Processing Plant, Idaho National Engineering 
Laboratory, Idaho, $7,000,000. 
Project 85-D-158, central warehouse upgrade, Richland, 
Washington, $700,000. 
Project 85-D-159, new waste transfer facilities, H Area, 
Savannah River, South Carolina, $11,000,000. 
Project 85-D-160, test reactor area security system upgrade, 
Idaho National Engineering Laboratory (INEL), Idaho, 
$2,000,000. 
Project 83-D-157, additional radioactive waste storage facili-
ties, Richland, Washington, $3,155,000, for a total project 
authorization of $53,155,000. 
Project 81-T-105, defense waste processing facility. Savannah 
River, South Carolina, $230,500,000, for a total project authori-
zation of $432,500,000. 
Project 77-13-f, waste isolation pilot plant, Delaware Basin, 
Southeast, New Mexico, $51,100,000, for a total project authori-
zation of $394,200,000. 
(6) For capital equipment not related to construction— 
(A) for naval reactors development, $22,500,000; 
(B) for weapons activities, $241,850,000; 
(C) for inertial confinement fusion, $9,500,000; 
(D) for verification and control technology, $2,000,000; 
(E) for materials production, $117,660,000; 
(F) for defense waste and byproducts 
management, 
$35,771,000; and 
(G) for nuclear safeguards and security, $4,700,000. 
PART B—RECURRING GENERAL PROVISIONS 
REPROGRAMING 
Limitations. 
SEC. 1621. (a) Except as otherwise provided in this title— 
(1) no amount appropriated pursuant to this title may be used 
for any program in excess of 105 percent of the amount author-
ized for that program by this title or $10,000,000 more than the 
amount authorized for that program by this title, whichever is 
the lesser, and 
(2) no amount appropriated pursuant to this title may be used 
for any program which has not been presented to, or requested 
of, the Congress, 
unless a period of thirty calendar days (not including any day on 
which either House of Congress is not in session because of adjourn-
ment of more than three calendar days to a day certain) has passed 
after receipt by the appropriate committees of Congress of notice 
from the Secretary of Energy (hereinafter in this part referred to as 
the "Secretary") containing a full and complete statement of the 
action proposed to be taken and the facts and circumstances relied 
upon in support of such proposed action, or unless each such com-
mittee before the expiration of such period has transmitted to the 
Secretary written notice to the effect that such committee has no 
objection to the proposed action. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2645 
(b) In no event may the total amount of funds obligated pursuant 
to this title exceed the total amount authorized to be appropriated 
by this title. 
LIMITS ON GENERAL PLANT PROJECTS 
SEC. 1622. (a) The Secretary may carry out any construction 
project under the general plant projects provisions authorized by 
this title if the total estimated costs of the construction project does 
not exceed $1,000,000. 
(b) If at any time during the construction of any general plant 
project authorized by this title, the estimated cost of the project is 
revised because of unforeseen cost variations and the revised cost of 
the project exceeds $1,000,000, the Secretary shall immediately 
furnish a complete report to the appropriate committees of Congress 
explaining the reasons for the cost variation. 
(c) In no event may the total amount of funds obligated to carry 
out all general plant projects authorized by this title exceed the 
total amount authorized to be appropriated for such projects by this 
title. 
LIMITS ON CONSTRUCTION PROJECTS 
SEC. 1623. (a) Whenever the current estimated cost of a construc-
tion project which is authorized by section 302 of this title, or which 
is in support of national security programs of the Department of 
Energy and was authorized by any previous Act, exceeds by more 
than 25 percent the higher of (1) the amount authorized for the 
project, or (2) the amount of the total estimated cost for the project 
as shown in the most recent budget justification data submitted to 
the Congress, construction may not be started or additional obliga-
tions incurred in connection with the project above the total esti-
mated cost, as the case may be, unless a period of thirty calendar 
days (not including any day in which either House of Congress is not 
in session because of adjournment of more than three days to a day 
certain) has passed after receipt by the appropriate committees of 
the Congress of written notice from the Secretary containing a full 
and complete statement of the action proposed to be taken and the 
facts and circumstances relied upon in support of the action, or 
unless each committee before the expiration of such period has 
notified the Secretary it has no objection to the proposed action. 
(b) Subsection (a) shall not apply to any construction project which 
has a current estimated cost of less than $5,000,000. 
Prohibition. 
Report. 
Prohibition. 
FUND TRANSFER AUTHORITY 
SEC. 1624. To the extent specified in appropriation Acts, funds 
appropriated pursuant to this title may be transferred to other 
agencies of the Government for the performance of the work for 
which the funds were appropriated, and funds so transferred may be 
merged with the appropriations of the agency to which the funds are 
transferred. 
AUTHORITY FOR CONSTRUCTION DESIGN 
SEC. 1625. (a)(1) Within the amounts authorized by this title for 
plant engineering and design, the Secretary may carry out advance 
planning and construction designs (including architectural and engi-
neering services) in connection with any proposed construction 
98 STAT. 2646 
PUBLIC LAW 98-525—OCT. 19, 1984 
project if the total estimated cost for such planning and design does 
not exceed $2,000,000. 
(2) In any case in which the total estimated cost for such planning 
and design exceeds $300,000, the Secretary shall notify the appropri-
ate committees of Congress in writing of the details of such project 
at least thirty days before any funds are obligated for design serv-
ices for such project. 
(b) In any case in which the total estimated cost for advance 
planning and construction design in connection with any construc-
tion project exceeds $2,000,000, funds for such design must be specifi-
cally authorized by law. 
AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN 
SEC. 1626. In addition to the advance planning and construction 
design authorized by section 302, the Secretary may perform plan-
ning and design utilizing available funds for any Department of 
Energy defense activity construction project whenever the Secretary 
determines that the design must proceed expeditiously in order to 
meet the needs of national defense or to protect property or human 
life. 
FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE 
DEPARTMENT OF ENERGY 
SEC. 1627. Subject to the provisions of appropriation Acts, 
amounts appropriated pursuant to this title for management and 
support activities and for general plant projects are available for 
use, when necessary, in connection with all national security pro-
grams of the Department of Energy. 
ADJUSTMENTS FOR PAY INCREASES 
SEC. 1628. Appropriations authorized by this title for salary, pay, 
retirement, or other benefits for Federal employees may be 
increased by such amounts as may be necessary for increases in 
such benefits authorized by law. 
AVAILABILITY OF FUNDS 
SEC. 1629. When so specified in an appropriation Act, amounts 
appropriated for Department of Energy defense programs may 
remain available until expended. 
PART C—SPECIAL PROGRAM PROVISIONS 
CONTRACTOR UABIUTY FOR INJURY OR LOSS OF PROPERTY ARISING OUT 
OF ATOMIC WEAPONS TESTING PROGRAMS 
Claims. 
SEC. 1631. (a)(1) The remedy against the United States provided by 
42 use 2212. 
sections 1346(b) and 2672 of title 28, United States Code, or by the 
46 use 781-790. Act of March 9, 1920 (46 U.S.C. 741-752 and 781-790), as appropri-
ate, for injury, loss of property, personal injury, or death shall apply 
to any civil action for injury, loss of property, personal injury, or 
death due to exposure to radiation based on acts or omissions by a 
contractor in carrying out an atomic weapons testing program 
under a contract with the United States. 
(2) The remedies referred to in paragraph (1) shall be exclusive of 
any other civil action or proceeding for the purpose of determining 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2647 
civil liability arising from any act or omission of the contractor 
without regard to when the act or omission occurred. The employees 
of a contractor referred to in paragraph (1) shall be considered to be 
employees of the Federal Government, as provided in section 2671 of 
title 28, United States Code, for the purposes of any such civil action 
or proceeding; and the civil action or proceeding shall proceed in the 
same manner as any action against the United States filed pursuant 
to section 1346(b) of such title and shall be subject to the limitations 
28 USC 1346. 
and exceptions applicable to those actions. 
(b) A contractor against whom a civil action or proceeding 
described in subsection (a) is brought shall promptly deliver all 
processes served upon that contractor to the Attorney General of the 
United States. Upon certification by the Attorney General that the 
suit against the contractor is within the provisions of subsection (a), 
a civil action or proceeding commenced in a State court shall be 
removed without bond at any time before trial by the Attorney 
General to the district court of the United States for the district and 
division embracing the place wherein it is pending and the proceed-
ings shall be deemed a tort action brought against the United States 
under the provisions of section 1346(b), 2401(b), or 2402, or sections 
2671 through 2680 of title 28, United States Code. For purposes of 
removal, the certification by the Attorney General under this sub-
section establishes contractor status conclusively. 
(c) The provisions of this section shall apply to any action now 
pending or hereafter commenced which is an action within the 
provisions of subsection (a) of this section. Notwithstanding section 
2401(b) of title 28, United States Code, if a civil action or proceeding 
pending on the date of enactment of this section is dismissed 
because the plaintiff in such action or proceeding did not file an 
administrative claim as required by section 2672 of that title, the 
plaintiff in that action or proceeding shall have 30 days from 
the date of the dismissal or two years from the date upon which the 
claim accrued, whichever is later, to file an administrative claim, 
and any claim or subsequent civil action or proceeding shall thereaf-
ter be subject to the provisions of section 2401(b) of title 28, United 
States Code. 
(d) For purposes of this section, the term "contractor" includes a 
contractor or cost reimbursement subcontractor of any tier partici-
pating in the conduct of the United States atomic weapons testing 
program for the Department of Energy (or its predecessor agencies, 
including the Manhattan Engineer District, the Atomic Energy 
Commission, and the Energy Research and Development Adminis-
tration). Such term also includes facilities which conduct or have 
conducted research concerning health effects of ionizing radiation in 
connection with the testing under contract with the Department of 
Energy (or any of its predecessor agencies). 
28 USC 2672. 
Research and 
development. 
Hazardous 
materials. 
COST-EFFECTIVE FUNDING OF NUCLEAR WEAPONS 
SEC. 1632. (a) The President shall establish a Blue Ribbon Task 
Group to examine the procedures used by the Department of 
Defense and the Department of Energy in establishing requirements 
for, and in providing resources for, the research, development, 
testing, production, surveillance, and retirement of nuclear weap-
ons. The Task Group shall recommend any needed change in such 
procedures in accordance with subsection (e). 
President of U.S. 
Blue Ribbon 
Task Group, 
establishment. 
98 STAT. 2648 
PUBLIC LAW 98-525—OCT. 19, 1984 
President of U.S. 
President of U.S. 
Report. 
(b)(1) The Task Group shall consist of seven members, qualified for 
service by reasons of experience and education. The President shall 
appoint three members and shall designate one of those members to 
act as chairman of the Task Group. The Chairman and ranking 
minority members of the Committees on Armed Services of the 
Senate and House of Representatives shall each appoint one 
member. 
(2) None of the members may be an employee of the Department 
of Defense or the Department of Energy. 
(c) Within 90 days of the date of the enactment of this Act, the 
President shall submit to the Committees on Armed Services of the 
Senate and House of Representatives (1) the names of the persons 
appointed by him to the Task Group, together with the qualifica-
tions of each such person to serve on the Task Group, and (2) a 
detailed plan for completing the report required by subsection (e). 
(d) The President shall ensure that the Task Group has complete 
and timely access to employees and records of the Department of 
Energy and the Department of Defense pertaining to procedures 
referred to in subsection (a). 
(e) Within 270 days of the date of the enactment of this Act, the 
Task Group shall submit to the President and the Committees on 
Armed Services of the Senate and House of Representatives a report 
containing its findings and recommendations. Such report shall 
include any additional or dissenting views that any member of the 
Task Group may wish to submit. The report shall (in addition to any 
other matters) include recommendations in the following areas: 
(1) Ways to improve coordination between the Department of 
Energy and the Department of Defense to ensure cost-effective 
implementation of weapon activities and materials production. 
(2) Cost-effective improvements that can be made in budget-
ing and management procedures that affect weapon activities 
and materials productions. 
(3) Whether the Department of Defense should assume the 
responsibility for funding current Department of Energy 
weapon activities and materials production programs. 
President of U.S. 
Technical 
Review Group on 
Inertial 
Confinement 
Fusion, 
establishment. 
Reports. 
REVIEW OF THE INERTIAL CONFINEMENT FUSION PROGRAM 
SEC. 1633. (a)(1) Within 30 days after the date of the enactment of 
this Act, the President shall establish a review body to be known as 
the Technical Review Group on Inertial Confinement Fusion (here-
inafter in this section referred to as the "Technical Review Group"). 
(2) It shall be the function of the group to review thoroughly the 
accomplishments, management, goals, and anticipated contributions 
of the defense inertial confinement fusion program. 
(3) The President shall appoint to serve on the Technical Review 
Group only persons who, because of recent training and experience 
in the scientific disciplines associated with the development and 
testing of nuclear weapons, are most qualified to make findings of 
fact and recommendations to the Congress and the President con-
cerning that program. 
(b) The Technical Review Group shall submit to the President and 
the Committees on Armed Services of the Senate and House of 
Representatives written reports containing the results of its review, 
together with such recommendations regarding priorities for future 
work in the inertial confinement fusion program as it determines 
appropriate, as follows: 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2649 
( D A first interim report shall be submitted before Febru-
ary 1, 1985. 
(2) A second interim report shall be submitted before June 1, 
1985. 
(3) A final report shall be submitted before May 1, 1986. 
(c) Upon the submission of its final report, the Technical Review 
Group shall cease to exist. 
NAVAL 
NUCLEAR PROPULSION PROGRAM 
SEC. 1634. The provisions of Executive Order Numbered 12344, 
dated February 1, 1982, pertaining to the Naval Nuclear Propulsion 
Program, shall remain in force until changed by law. 
AUTHORIZATION FOR PRODUCTION OF THE 155-MILLIMETER ARTILLERY-
FIRED, ATOMIC PROJECTILE 
SEC. 1635. (a) In addition to the amounts otherwise authorized to 
be appropriated in this title, there is authorized to be appropriated 
to the Secretary of Energy for fiscal years beginning after Septem-
ber 30, 1984, $50,000,000 for the construction of facilities necessary 
to produce the 155-millimeter artillery-fired, atomic projectile 
(Project 82-D-109). 
(b) In the case of the 155-millimeter atomic-fired artillery projec-
tile (W-82) and the 8-inch atomic-fired artillery projectile (W-79), 
the following conditions shall be complied with: 
(1) The total number of both such warheads produced may not 
exceed 925. 
(2) The total amount spent for the production of both such 
warheads after the date of the enactment of this Act may not 
exceed $1,100,000,000. 
(3) No such warhead produced after the date of the enactment 
of this Act may be produced in the enhanced radiation version. 
(4) In producing such warheads, special emphasis shall be 
placed upon improvements in the safety, security, range, and 
survivability of such warheads. 
(5) Replacement of obsolete atomic-fired artillery projectiles 
now in Europe with such improved warheads shall be carried 
out within the nuclear stockpile limits agreed to by NATO 
Defense Ministers at Montebello, Canada, in October 1983, 
which required the withdrawal of 1,400 tactical nuclear war-
heads from the European stockpile in addition to the 1,000 
warheads withdrawn in 1980. 
(c) No action may be taken to implement this section until the 
Secretary of Defense submits a plan for the implementation of this 
section to the Committees on Armed Services of the Senate and 
House of Representatives. 
TITLE XVII—UNITED STATES INSTITUTE OF PEACE 
SHORT TITLE 
SEC. 1701. This title may be cited as the "United States Institute 
of Peace Act". 
Termination 
date. 
42 u s e 7158 
note. 
3 CFR, 1982 
Comp., p. 128. 
United States 
Institute of 
Peace Act. 
22 u s e 4601 
note. 
DECLARATION OF FINDINGS AND PURPOSES 
SEC. 1702. (a) The Congress finds and declares that— 
22 u s e 4601. 
98 STAT. 2650 
PUBLIC LAW 98-525—OCT. 19, 1984 
(1) a living institution embodying the heritage, ideals, and 
concerns of the American people for peace would be a signifi-
cant response to the deep public need for the Nation to develop 
fully a range of effective options, in addition to armed capacity, 
that can leash international violence and manage international 
conflict; 
(2) people throughout the world are fearful of nuclear war, 
are divided by war and threats of war, are experiencing social 
and cultural hostilities from rapid international change and 
real and perceived conflicts over interests, and are diverted 
from peace by the lack of problem-solving skills for dealing with 
such conflicts; 
(3) many potentially destructive conflicts among nations and 
peoples have been resolved constructively and with cost effi-
ciency at the international, national, and community levels 
through proper use of such techniques as negotiation, concilia-
tion, mediation, and arbitration; 
(4) there is a national need to examine the disciplines in the 
social, behavioral, and physical sciences and the arts and hu-
manities with regard to the history, nature, elements, and 
future of peace processes, and to bring together and develop new 
and tested techniques to promote peaceful economic, political, 
social, and cultural relations in the world; 
(5) existing institutions providing programs in international 
affairs, diplomacy, conflict resolution, and peace studies are 
essential to further development of techniques to promote 
peaceful resolution of international conflict, and the peacemak-
ing activities of people in such institutions, government, private 
enterprise, and voluntary associations can be strengthened by a 
national institution devoted to international peace research, 
education and training, and information services; 
(6) there is a need for Federal leadership to expand and 
support the existing international peace and conflict resolution 
efforts of the Nation and to develop new comprehensive peace 
education and training programs, basic and applied research 
projects, and programs providing peace information; 
(7) the Commission on Proposals for the National Academy of 
Peace and Conflict Resolution, created by the Education 
20 use 2701 
Amendments of 1978, recommended establishing an academy as 
note. 
a highly desirable investment to further the Nation's interest in 
promoting international peace; 
(8) an institute strengthening and symbolizing the fruitful 
relation between the world of learning and the world of public 
affairs, would be the most efficient and immediate means for 
the Nation to enlarge its capacity to promote the peaceful 
resolution of international conflicts; and 
(9) the establishment of such an institute is an appropriate 
investment by the people of this Nation to advance the history, 
science, art, and practice of international peace and the resolu-
tion of conflicts among nations without the use of violence. 
(b) It is the purpose of this title to establish an independent, 
nonprofit, national institute to serve the people and the Govern-
ment through the widest possible range of education and training, 
basic and applied research opportunities, and peace information 
services on the means to promote international peace and the 
resolution of conflicts among the nations and peoples of the world 
without recourse to violence. 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2651 
DEFINITIONS 
SEC. 1703. As used in this title, the term— 
(1) "Institute" means the United States Institute of Peace 
established by this title; and 
(2) "Board" means the Board of Directors of the Institute. 
22 u s e 4602. 
ESTABLISHMENT OF THE INSTITUTE 
SEC. 1704. (a) There is hereby established the United States Insti-
tute of Peace. 
(b) The Institute is an independent nonprofit corporation and an 
organization described in section 170(c)(2)(B) of the Internal Revenue 
Code of 1954. The Institute does not have the power to issue any 
shares of stock or to declare or pay any dividends. 
(c) As determined by the Board, the Institute may establish, under 
the laws of the District of Columbia, a legal entity which is capable 
of receiving, holding, and investing public funds for purposes in 
furtherance of the Institute under this title. The Institute may 
designate such legal entity as the "Endowment of the United States 
Institute for Peace". 
(d) The Institute is liable for the acts of its directors, officers, 
employees, and agents when acting within the scope of their 
authority. 
(e)(1) The Institute has the sole and exclusive right to use and to 
allow or refuse others the use of the terms "United States Institute 
of Peace", "Jennings Randolph Program for International Peace", 
and "Endowment of the United States Institute of Peace" and the 
use of any official United States Institute of Peace emblem, badge, 
seal, and other mark of recognition or any colorable simulation 
thereof. No powers or privileges hereby granted shall interfere or 
conflict with established or vested rights secured as of September 1, 
1981. 
(2) Notwithstanding any other provision of this title, the Institute 
may use "United States" or "U.S." or any other reference to the 
United States Government or Nation in its title or in its corporate 
seal, emblem, badge, or other mark of recognition or colorable 
simulation thereof in any fiscal year only if there is an authoriza-
tion of appropriations for the Institute for such fiscal year provided 
by law. 
POWERS AND DUTIES 
SEC. 1705. (a) The Institute may exercise the powers conferred 
upon a nonprofit corporation by the District of Columbia Nonprofit 
Corporation Act consistent with this title, except for section 5(o) of 
the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 
29-1005(0)). 
(b) The Institute, acting through the Board, may— 
(1) establish a Jennings Randolph Program for International 
Peace and appoint, for periods up to two years, scholars and 
leaders in peace from the United States and abroad to pursue 
scholarly inquiry and other appropriate forms of communica-
tion on international peace and conflict resolution and, as 
appropriate, provide stipends, grants, fellowships, and other 
support to the leaders and scholars; 
22 use 4603. 
Corporation. 
26 u s e 170. 
Securities. 
Endowment of 
the United 
States Institute 
of Peace, 
designation. 
Prohibition. 
22 u s e 4604. 
98 STAT. 2652 
PUBLIC LAW 98-525—OCT. 19, 1984 
Medals and 
decorations. 
Public 
information. 
Grants. 
Contracts. 
Schools and 
colleges. 
State and local 
governments. 
(2) enter into formal and informal relationships with other 
institutions, public and private, for purposes not inconsistent 
with this title; 
(3) conduct research and make studies, particularly of an 
interdisciplinary or of a multidisciplinary nature, into the 
causes of war and other international conflicts and the elements 
of peace among the nations and peoples of the world, including 
peace theories, methods, techniques, programs, and systems, 
and into the experiences of the United States and other nations 
in resolving conflicts with justice and dignity and without vio-
lence as they pertain to the advancement of international peace 
and conflict resolution, placing particular emphasis on realistic 
approaches to past successes and failures in the quest for peace 
and arms control and utilizing to the maximum extent possible 
United States Government documents and classified materials 
from the Department of State, the Department of Defense, the 
Arms Control and Disarmament Agency, and the intelligence 
community; 
(4) develop programs to make international peace and conflict 
resolution research, education, and training more available and 
useful to persons in government, private enterprise, and volun-
tary associations, including the creation of handbooks and other 
practical materials; 
(5) provide, promote, and support peace education and 
research programs at graduate and postgraduate levels; 
(6) conduct training, symposia, and continuing education pro-
grams for practitioners, polic5miakers, policy implementers, and 
citizens and noncitizens directed to developing their skills in 
international peace and conflict resolution; 
(7) develop, for publication or other public communication, 
and disseminate, the carefully selected products of the Institute; 
(8) establish a clearinghouse and other means for disseminat-
ing information, including classified information that is prop-
erly safeguarded, from the field of peace learning to the public 
and to government personnel with appropriate 
security 
clearances; 
(9) recommend to the Congress the establishment of a United 
States Medal of Peace to be awarded under such procedures as 
the Congress may determine, except that no person associated 
with the Institute may receive the United States Medal of 
Peace; and 
(10) secure directly, upon request of the president of the 
Institute to the head of any Federal department or agency and 
in accordance with section 552 of title 5, United States Code 
(relating to freedom of information), information necessary to 
enable the Institute to carry out the purposes of this title if such 
release of the information would not unduly interfere with the 
proper functioning of a department or agency, including classi-
fied information if the Institute staff and members of the Board 
who have access to such classified information obtain appropri-
ate security clearances from the Department of Defense and the 
Department of State. 
(c) The Institute may undertake extension and outreach activities 
under this title by making grants and entering into contracts with 
institutions of postsecondary, community, secondary, and elemen-
tary education (including combinations of such institutions), with 
public and private educational, training, or research institutions 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2653 
(including the American Federation of Labor-the Congress of 
Industrial Organizations) and libraries, and with public depart-
ments and agencies (including State and territorial departments of 
education and of commerce). No grant may be made to an institu-
tion unless it is a nonprofit or official public institution, and at least 
one-fourth of the Institute's annual appropriations shall be paid to 
such nonprofit and official public institutions. A grant or contract 
may be made to— 
(1) initiate, strengthen, and support basic and applied 
research on international peace and conflict resolution; 
(2) promote and advance the study of international peace and 
conflict resolution by educational, training, and research insti-
tutions, departments, and agencies; 
(3) educate the Nation about and educate and train individ-
uals in peace and conflict resolution theories, methods, 
techniques, programs, and systems; 
(4) assist the Institute in its publication, clearinghouse, and 
other information services programs; 
(5) assist the Institute in the study of conflict resolution 
between free trade unions and Communist-dominated organiza-
tions in the context of the global struggle for the protection of 
human rights; and 
(6) promote the other purposes of this title. 
(d) The Institute may respond to the request of a department or 
agency of the United States Government to investigate, examine, 
study, and report on any issue within the Institute s competence, 
including the study of past negotiating histories and the use of 
classified materials. 
(e) The Institute may enter into contracts for the proper operation 
of the Institute. 
(f) The Institute may fix the duties of its officers, employees, and 
agents, and establish such advisory committees, councils, or other 
bodies, as the efficient administration of the business and purposes 
of the Institute may require. 
(gXD Except as provided in paragraphs (2) and (3), the Institute 
may obtain grgmts and contracts, including contracts for classified 
research for the Department of State, the Department of Defense, 
the Arms Control and Disarmament Agency, and the intelligence 
community, and receive gifts and contributions from government at 
all levels. 
(2) The Institute may not accept any gift, contribution, or grant 
from, or enter into any contract with, a foreign government, any 
agency or instrumentality of such government, any international 
organization, or any foreign national, except that the Institute may 
accept the payment of tuition by foreign nationals for instruction 
provided by the Institute. For purposes of this paragraph, the 
term— 
(A) "foreign national" means— 
(i) a natural person who is a citizen of a foreign country 
or who owes permanent allegiance to a foreign country; and 
(ii) a corporation or other legal entity in which natural 
persons who are nationals of a foreign country own, directly 
or indirectly, more than 50 percent of the outstanding 
capital stock or other beneficial interest in such legal 
entity; and 
(B) "person" means a natural person, partnership, associa-
tion, other unincorporated body, or corporation. 
Study. 
Grants. 
Contracts. 
Confidentiality. 
Gifts and 
property. 
98 STAT. 2654 
PUBLIC LAW 98-525—OCT. 19, 1984 
Prohibition. 
Ante, p. 2651. 
Prohibition. 
Congress. 
State and local 
governments. 
(3) Notwithstanding any other provision of this title, the Institute 
and the legal entity described in section 1704(c) may not obtain any 
grant or contract or receive any gift or contribution from any 
private agency, organization, corporation or other legal entity, insti-
tution, or individual. 
(h) The Institute may charge and collect subscription fees and 
develop, for publication or other public communication, and dissemi-
nate, periodicals and other materials. 
(i) The Institute may charge and collect fees and other participa-
tion costs from persons and institutions participating in the Insti-
tute's direct activities authorized in subsection (b). 
(j) The Institute may sue and be sued, complain, and defend in any 
court of competent jurisdiction. 
(k) The Institute may adopt, alter, use, and display a corporate 
seal, emblem, badge, and other mark of recognition and colorable 
simulations thereof. 
(1) The Institute may do any and all lawful acts and things 
necessary or desirable to carry out the objectives and purposes of 
this title. 
(m) The Institute shall not itself undertake to influence the 
passage or defeat of any legislation by the Congress of the United 
States or by any State or local legislative bodies, or by the United 
Nations, except that personnel of the Institute may testify or make 
other appropriate communication when formally requested to do so 
by a legislative body, a committee, or a member thereof. 
(n) The Institute may obtain administrative support services from 
the Administrator of General Services on a reimbursable basis. 
BOARD OF DIRECTORS 
22 use 4605. 
SEC. 1706. (a) The powers of the Institute shall be vested in a 
Board of Directors unless otherwise specified in this title. 
(b) The Board shall consist of fifteen voting members as follows: 
(1) The Secretary of State (or if the Secretary so designates, 
another officer of the Department of State who was appointed 
with the advice and consent of the Senate). 
(2) The Secretary of Defense (or if the Secretary so designates, 
another officer of the Department of Defense who was ap-
pointed with the advice and consent of the Senate). 
(3) The Director of the Arms Control and Disarmament 
Agency (or if the Director so designates, another officer of that 
Agency who was appointed with the advice and consent of the 
Senate). 
(4) The president of the National Defense University (or if the 
president so designates, the vice president of the National 
Defense University). 
(5) Eleven individuals appointed by the President, by and with 
the advice and consent of the Senate. 
(c) Not more than eight voting members of the Board (including 
members described in paragraphs (1) through (4) of subsection (b)) 
may be members of the same political party. 
(d)(1) Each individual appointed to the Board under subsection 
(b)(5) shall have appropriate practical or academic experience in 
peace and conflict resolution efforts of the United States. 
(2) Officers and employees of the United States Government may 
not be appointed to the Board under subsection (b)(5). 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2655 
(eXD Members of the Board appointed under subsection (b)(5) shall 
be appointed to four year terms, except that— 
(A) the term of six of the members initially appointed shall be 
two years, as designated by the President at the time of their 
nomination; 
(B) a member may continue to serve until his or her successor 
is appointed; and 
(C) a member appointed to replace a member whose term has 
not expired shall be appointed to serve the remainder of that 
term. 
(2) The terms of the members of the Board initially appointed 
under subsection (b)(5) shall begin on January 20, 1985, and subse-
quent terms shall begin upon the expiration of the preceding term, 
regardless of when a member is app<)inted to fill that term. 
(3) The President may not nominate an individual for appoint- 
President of U.S. 
ment to the Board under subsection (b)(5) prior to January 20, 1985, 
but shall submit the names of eleven nominees for initial Board 
membership under subsection (b)(5) not later than ninety days after 
that date. If the Senate rejects such a nomination or if such a 
nomination is withdrawn, the President shall submit the name of a 
new nominee within fifteen days. 
(4) An individual appointed as a member of the Board under 
subsection (b)(5) may not be appointed to more than two terms on 
the Board. 
(D A member of the Board appointed under subsection (b)(5) may 
be removed by the President— 
(1) in consultation with the Board, for conviction of a felony, 
malfeasance in office, persistent neglect of duties, or inability to 
discharge duties; 
(2) upon the recommendation of eight voting members of the 
Board; or 
(3) upon the recommendation of a majority of the members of 
the Committee on Foreign Affairs and the Committee on Educa-
tion and Labor of the House of Representatives and a majority 
of the members of the Committee on Foreign Relations and the 
Committee on Labor and Human Resources of the Senate. 
A recommendation made in accordance with paragraph (2) may be 
made only pursuant to action taken at a meeting of the Board, 
which may be closed pursuant to the procedures of subsection (h)(3). 
Only members who are present may vote. A record of the vote shall 
Record, 
be maintained. The President shall be informed immediately by the 
Board of the recommendation. 
(g) No member of the Board may participate in any decision, 
action, or recommendation with respect to any matter which 
directly and financially benefits the member or pertains specifically 
to any public body or any private or nonprofit firm or organization 
with which the member is then formally associated or has been 
formally associated within a period of two years, except that this 
subsection shall not be construed to prohibit an ex officio member of 
the Board from participation in actions of the Board which pertain 
specifically to the public body of which that member is an officer, 
(h) Meetings of the Board shall be conducted as follows: 
(1) The President shall stipulate by name the nominee who 
President of U.S. 
shall be the first Chairman of the Board. The first Chairman 
shall serve for a term of three years. Thereafter, the Board shall 
elect a Chairman every three years from among the directors 
98 STAT. 2656 
PUBLIC LAW 98-525—OCT. 19, 1984 
Public 
availability. 
Federal 
Register, 
publication. 
22 use 4606. 
5 u s e 5312. 
Ante, p. 2651. 
5 use 5332. 
appointed by the President under subsection (b)(5) and may 
elect a Vice Chairman if so provided by the Institute's bylaws. 
(2) The Board shall meet at least semiannually, at any time 
pursuant to the call of the Chairman or as requested in writing 
to the Chairman by at least five members of the Board. A 
majority of the members of the Board shall constitute a quorum 
for any Board meeting. 
(3) All meetings of the Board shall be open to public observa-
tion and shall be preceded by reasonable public notice. Notice in 
the Federal Register shall be deemed to be reasonable public 
notice for purposes of the preceding sentence. In exceptional 
circumstances, the Board may close those portions of a meeting, 
upon a majority vote of its members present and with the vote 
taken in public session, which are likely to disclose information 
likely to affect adversely any ongoing peace proceeding or activ-
ity or to disclose information or matters exempted from public 
disclosure pursuant to subsection (c) of section 552b of title 5, 
United States Code. 
(i) A director appointed by the President under subsection (b)(5) 
shall be entitled to receive the daily equivalent of the annual rate of 
basic pay in effect for grade GS-18 of the General Schedule under 
section 5332 of title 5, United States Code, for each day during which 
the director is engaged in the performance of duties as a member of 
the Board. 
(j) While away from his home or regular place of business in the 
performance of duties for the Institute, a director shall be allowed 
travel expenses, including a per diem in lieu of subsistence, not to 
exceed the expenses allowed persons employed intermittently in 
Government service under section 5703(b) of title 5, United States 
Code. 
OFFICERS AND EMPLOYEES 
SEC. 1707. (a) The Board shall appoint the president of the Insti-
tute and such other officers as the Board determines to be necessary. 
The president of the Institute shall be a nonvoting ex officio member 
of the Board. All officers shall serve at the pleasure of the Board. 
The president shall be appointed for an explicit term of years. 
Notwithstanding any other provision of law limiting the payment of 
compensation, the president and other officers appointed by the 
Board shall be compensated at rates determined by the Board, but 
no greater than that payable for level I of the Executive Schedule 
under chapter 53 of title 5, United States Code. 
(b) Subject to the provisions of section 1705(g)(3), the Board shall 
authorize the president and any other officials or employees it 
designates to receive and disburse public moneys, obtain and make 
grants, enter into contracts, establish and collect fees, and under-
take all other activities necessary for the efficient and proper 
functioning of the Institute. 
(c) The president, subject to Institute's bylaws and general policies 
established by the Board, may appoint, fix the compensation of, and 
remove such employees of the Institute as the president determines 
necessary to carry out the purposes of the Institute. In determining 
employee rates of compensation, the president shall be governed by 
the provisions of title 5, United States Code, relating to classification 
and General Schedule pay rates. 
(d)(1) The president may request the assignment of any Federal 
officer or employee to the Institute by an appropriate department, 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2657 
agency, or congressional official or Member of Congress and may 
enter into an agreement for such assignment, if the affected officer 
or employee agrees to such assignment and such assignment causes 
no prejudice to the salary, benefits, status, or advancement within 
the department, agency, or congressional staff of such officer or 
employee. 
(2) The Secretary of State, the Secretary of Defense, the Director 
of the Arms Control and Disarmament Agency, and the Director of 
Central Intelligence each may assign officers and employees of his 
respective department or agency, on a rotating basis to be deter-
mined by the Board, to the Institute if the affected officer or 
employee agrees to such assignment and such assignment causes no 
prejudice to the salary, benefits, status, or advancement within the 
respective department or agency of such officer or employee. 
(e) No officer or full-time employee of the Institute may receive 
any salary or other compensation for services from any source other 
than the Institute during the officer's or employee's period of em-
ployment by the Institute, except as authorized by the Board. 
(fKD Officers and employees of the Institute shall not be consid-
ered officers and employees of the Federal Government except for 
purposes of the provisions of title 28, United States Code, which 
relate to Federal tort claims liability, and the provisions of title 5, 
28 use 2671 et 
United States Code, which relate to compensation and benefits, ««9-
including the following provisions: chapter 51 (relating to classifica-
tion); subchapters I and III of chapter 53 (relating to pay rates); 
subchapter I of chapter 81 (relating to compensation for work 
injuries); chapter 83 (relating to civil service retirement); chapter 87 
(relating to life insurance); and chapter 89 (relating to health insur- 
5 use 5101 et 
ance). The Institute shall make contributions at the same rates 
seq., 5301, 5331, 
applicable to agencies of the Federal Government under the provi- 8901 e/si^^*^^' 
sions of title 5 referred to in this section. 
(2) No Federal funds shall be used to pay for private fringe benefit 
Prohibitions, 
programs. The Institute shall not make long-term commitments to 
employees that are inconsistent with rules and regulations applica-
ble to Federal employees. 
(g) No part of the financial resources, income, or assets of the 
Institute or of any legal entity created by the Institute sheill inure to 
any agent, employee, officer, or director or be distributable to any 
such person during the life of the corporation or upon dissolution or 
final liquidation. Nothing in this section may be construed to pre-
vent the payment of reasonable compensation for services or ex-
penses to the directors, officers, employees, and agents of the 
Institute in amounts approved in accordance with the provisions of 
this title. 
(h) The Institute shall not make loans to its directors, officers, 
employees, or agents, or to any legal entity created by the Institute. 
A director, officer, employee, or agent who votes for or assents to the 
making of a loan or who participates in the making of a loan shall 
be jointly and severally liable to the Institute for the amount of the 
loan until repayment thereof. 
PROCEDURES AND RECORDS 
SEC. 1708. (a) The Institute shall monitor and evaluate and pro- 
22 use 4607. 
vide for independent evaluation if necessary of programs supported 
in whole or in part under this title to ensure that the provisions of 
this title and the bylaws, rules, regulations, and guidelines promul-
gated pursuant to this title are adhered to. 
98 STAT. 2658 
PUBLIC LAW 98-525—OCT. 19, 1984 
(b) The Institute shall prescribe procedures to ensure that grants, 
contracts, and financial support under this title are not suspended 
unless the grantee, contractor, or person or entity receiving finan-
cial support has been given reasonable notice and opportunity to 
show cause why the action should not be taken. 
(c) In selecting persons to participate in Institute activities, the 
Institute 
may 
consider 
a 
person's 
practical 
experience 
or 
equivalency in peace study and activity as well as other formal 
requirements. 
Records. 
(d) The Institute shall keep correct and complete books and 
records of account, including separate and distinct accounts of 
Report. 
receipts and disbursements of Federal funds. The Institute's annual 
financial report shall identify the use of such funding and shall 
present a clear description of the full financial situation of the 
Institute. 
Records. 
(e) The Institute shall keep minutes of the proceedings of its Board 
and of any committees having authority under the Board. 
(f) The Institute shall keep a record of the names and addresses of 
its Board members; copies of this title, of any other Acts relating to 
the Institute, and of all Institute bylaws, rules, regulations, and 
guidelines; required minutes of proceedings; a record of all applica-
tions and proposals and issued or received contracts and grants; and 
financial records of the Institute. All items required by this subsec-
tion may be inspected by any Board member or the member's agent 
or attorney for any proper purpose at any reasonable time. 
Audit. 
(g) The accounts of the Institute shall be audited annually in 
accordance with generally accepted auditing standards by independ-
ent certified public accountants or independent licensed public 
accountants, certified or licensed by a regulatory authority of a 
State or other political subdivision of the United States on or before 
December 31, 1970. The audit shall be conducted at the place or 
places where the accounts of the Institute are normally kept. All 
books, accounts, financial records, files, and other papers, things, 
and property belonging to or in use by the Institute and necessary to 
facilitate the audit shall be made available to the person or persons 
conducting the audit, and full facilities for verifying transactions 
with the balances or securities held by depositories, fiscal agents, 
and custodians shall be afforded to such person or persons. 
Report. 
(h) The Institute shall provide a report of the audit to the Presi-
dent and to each House of Congress no later than six months 
following the close of the fiscal year for which the audit is made. 
The report shall set forth the scope of the audit and include such 
statements, together with the independent auditor's opinion of those 
statements, as are necessary to present fairly the Institute's assets 
and liabilities, surplus or deficit, with reasonable detail, including a 
statement of the Institute's income and expenses during the year, 
including a schedule of all contracts and grants requiring payments 
in excess of $5,000 and any payments of compensation, salaries, or 
fees at a rate in excess of $5,000 per year. The report shall be 
produced in sufficient copies for the public. 
(i) The Institute and its directors, officers, employees, and agents 
shall be subject to the provisions of section 552 of title 5, United 
States Code (relating to freedom of information). 
PUBLIC LAW 98-525—OCT. 19, 1984 
98 STAT. 2659 
INDEPENDENCE AND UMITATIONS 
SEC. 1709. (a) Nothing in this title may be construed as limiting 
22 use 4608. 
the authority of the Office of Management and Budget to review and 
submit comments on the Institute's budget request at the time it is 
transmitted to the Congress. 
(b) No political test or political qualification may be used in 
selecting, appointing, promoting, or taking any other personnel 
action with respect to any officer, employee, agent, or recipient of 
Institute funds or services or in selecting or monitoring any grantee, 
contractor, person, or entity receiving financial assistance under 
this title. 
FUNDING 
SEC. 1710. (a) For the purpose of carrying out this title (except for 
22 use 4609. 
paragraph (9) of section 1705(b)), there are authorized to be appropri-
ated $6,000,000 for the fiscal year 1985 and $10,000,000 for the fiscal 
year 1986. Moneys appropriated for the fiscal year 1985 shall remain 
available to the Institute through the fiscal year 1986. 
(b) The Board of Directors may transfer to the legal entity author-
ized to be established under section 1704(c) any funds not obligated 
or expended from appropriations to the Institute for a fiscal year, 
and such funds shall remain available for obligation or expenditure 
for the purposes of such legal entity without regard to fiscal year 
limitations. Any use by such legal entity of appropriated funds shall Report. 
be reported to each House of the Congress and to the President of 
the United States. 
(c) Any authority provided by this title to enter into contracts eontracts. 
shall be effective for a fiscal year only to such extent or in such 
amounts as are provided in appropriation Acts. 
DISSOLUTION OR UQUIDATION 
SEC. 1711. Upon dissolution or final liquidation of the Institute or 
22 use 4610. 
of any legal entity created pursuant to this title, all income and 
assets of the Institute or other legal entity shall revert to the United 
States Treasury. 
REPORTING REQUIREMENT AND REQUIREMENT TO HOLD HEARINGS 
SEC. 1712. Beginning two years after the date of enactment of this 
22 use 46ii. 
title, and at intervals of two years thereafter, the Chairman of the 
Board shall prepare and transmit to the Congress and the President 
a report detailing the progress the Institute has made in carrying 
out the purposes of this title during the preceding two-year period. 
The President shall prepare and transmit to the Congress within a President of U.S. 
reasonable time after the receipt of such report the written com-
ments and recommendations of the appropriate agencies of the 
United States with respect to the contents of such report and their 
recommendations with respect to any legislation which may be 
required concerning the Institute. After receipt of such report by the eongress. 
Congress, the Committee on Foreign Affairs and the Committee on 
98 STAT. 2660 
PUBLIC LAW 98-525—OCT. 19, 1984 
Education and Labor of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Labor and 
Human Resources of the Senate shall hold hearings to review the 
findings and recommendations of such report and the written com-
ments received from the President. 
Approved October 19, 1984. 
LEGISLATIVE HISTORY—H.R. 5167 (S. 2723): 
HOUSE REPORTS: No. 98-691 (Comm. on Armed Services) and No. 98-1080 (Comm. 
of C!onference). 
SENATE REPORT No. 98-500 accompanying S. 2723 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
May 15-17, 23, 24, 30, 31, considered and passed House. 
June 7, 8, 11-15, 18-20, S. 2723 considered in Senate; H.R. 5167, amended, 
passed in lieu. 
Sept. 26, House agreed to conference report. 
Sept. 27, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 20, No. 42 (1984): 
Oct. 19, Presidential statement.