Department of Defense Authorization Act, 1983
PL 97-252 (S.2248), enacted 09/08/1982

96 STAT. 718 
PUBLIC LAW 97-252—SEPT. 8, 1982 
Public Law 97-252 
97th Congress 
An Act 
To authorize appropriations for fiscal year 1983 for the Armed Forces for procure-
ment, for research, development, test, and evaluation, and for operation and 
Sept. 8, 1982 
maintenance, to prescribe personnel strengths for such fiscal year for the Armed 
ro 22481 
Forces and for civilian employees of the Department of Defense, to authorize 
^ ' 
•
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appropriations for such fiscal year for civil defense, to authorize supplemental 
appropriations for fiscal year 1982, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Department of 
United States of America in Congress assembled, That this Act may 
Defense 
be cited as the "Department of Defense Authorization Act, 1983". 
Authorization 
'^ 
Act, 1983. 
TITLE I—PROCUREMENT 
AUTHORIZATION OF APPROPRIATIONS, ARMY 
SEC. 101. Funds are hereby authorized to be appropriated for fiscal 
year 1983 for procurement of aircraft, missiles, weapons and tracked 
combat vehicles, and ammunition and for other procurement for the 
Army as follows: 
For aircraft, $2,541,600,000. 
For missiles, $2,846,600,000. 
For weapons and tracked combat vehicles, $4,707,600,000. 
For ammunition, $2,486,400,000. 
For other procurement, $4,391,100,000. 
AUTHORIZATION OF APPROPRIATIONS, NAVY AND MARINE CORPS 
SEC. 102. (a) AIRCRAFT.—Funds are hereby authorized to be appro-
priated for fiscal year 1983 for procurement of aircraft for the Navy 
in the amount of $11,304,600,000. 
(b) WEAPONS.—Funds are hereby authorized to be appropriated for 
fiscal year 1983 for procurement of weapons (including missiles and 
torpedoes) for the Navy as follows: 
For missile programs, $3,058,600,000. 
For the MK-48 torpedo program, $134,300,000. 
For the MK-46 torpedo program, $141,200,000. 
For the MK-60 torpedo program, $151,400,000. 
For the MK-30 mobile target program, $19,400,000. 
For the MK-38 mini-mobile target program, $2,300,000. 
For the anti-submarine rocket (ASRCKD) program, $10,100,000. 
For the modification of torpedoes, $89,300,000. 
For the torpedo support equipment program, $66,900,000. 
For 
the 
MK-15 
close-in 
weapons 
system 
program, 
$118,700,000. 
For 
the 
MK-75 
76-millimeter 
gun 
mount 
program, 
$10,700,000. 
For the MK-19 gun mount program, $400,000. 
For the 25-millimeter gun mount program, $400,000. 
For the modification of guns and gun mounts, $19,700,000. 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 719 
For the guns and gun mounts support equipment program, 
$17,500,000. 
(c) SHIPBUILDING AND CONVERSION.—Funds are hereby authorized 
to be appropriated for fiscal year 1983 for shipbuilding and conver-
sion for the Navy as follows: 
For the Trident submarine program, $1,786,000,000. 
For the CVN nuclear aircraft carrier program, $6,795,300,000. 
For the SSN-688 nuclear attack 
submarine 
program, 
$1,443,400,000. 
For the battleship reactivation program, $417,400,000. 
For the aircraft carrier service life extension program, 
$699,500,000. 
For the CG-47 Aegis cruiser program, $3,134,400,000. 
For the LSD-41 landing ship dock program, $417,000,000. 
For the LHD-1 air-capable amphibious ship program, 
$55,000,000. 
For the FFG-7 guided missile frigate program, $706,400,000, 
of which $40,000,000 is available only for an X-band phased 
array radar. 
For the 
mine countermeasures 
(MCM> ship 
program, 
$371,600,000. 
For the T-AO fleet oiler ship program, $320,000,000. 
For the ARS salvage ship program, $84,000,000. 
For the TAKRX fast logistic ship program, $322,600,000. 
For the TAHX hospital ship program, $300,000,000. 
For service craft and landing craft, $162,100,000. 
For outfitting, post delivery, cost growth, and escalation on 
prior year programs, $828,100,000. 
For ship contract design, $97,200,000. 
For the manufacturing technology program, $25,000,000. 
(d) OTHER.—Funds are hereby authorized to be appropriated for 
fiscal year 1983 for other procurement for the Navy in the amount 
of $3,936,500,000, of which— 
(1) the sum of $568,900,000 is available only for the ship 
support equipment program; 
(2) the sum of $1,484,600,000 is available only for the commu-
nications and electronics equipment program; and 
(3) the sum of $786,200,000 is available only for the ordnance 
support equipment program. 
(e) PROCUREMENT, MARINE CORPS.—Funds are hereby authorized 
to be appropriated for fiscal year 1983 for procurement for the 
Marine Corps (including missiles, tracked combat vehicles, and 
other weapons) in the amount of $2,131,600,000. 
AUTHORIZATION OF APPROPRIATIONS, AIR FORCE 
SEC. 103. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1983 for procurement of aircraft and missiles and for 
other procurement for the Air Force as follows: 
For aircraft, $17,485,700,000. 
For missiles, $6,038,700,000. 
For other procurement, $5,656,700,000. 
(b) Of the funds authorized to be appropriated in this section for 
aircraft for the Air Force, the sum of $186,100,000 is available only 
for contribution by the United States as its share of the cost for 
fiscal year 1983 of acquisition by the North Atlantic Treaty Organi-
zation of the Airborne Warning and Control System (AWACS). 
96 STAT. 720 
PUBLIC LAW 97-252—SEPT. 8, 1982 
(c) Of the funds authorized to be appropriated in this section for 
missiles for the Air Force, the sum of $988,000,000 is available only 
for the Advanced Intercontinental Ballistic Missile (MX) program. 
Of such amount, $158,000,000 is authorized for basing and deploy-
ment and may not be obligated until the President completes his 
review of alternative MX missile system basing modes and notifies 
the Congress, in writing, of the basing mode in which the MX 
missile system will be deployed and thirty days of session of Con-
gress have expired after the receipt by Congress of such notice. For 
the purpose of determining days of session of Congress under the 
preceding sentence, there shall be excluded any day on which either 
House of Congress is not in session because of an adjournment of 
more than three days to a day certain or an adjournment sine die. 
AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE 
COMPONENTS 
SEC. 104. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1983 for procurement of aircraft, missiles, naval vessels, 
tracked combat vehicles, torpedoes, other weapons, and other pro-
curement for the reserve components of the Armed Forces as 
follows: 
For the Army National Guard, $50,000,000. 
For the Air National Guard, $30,000,000. 
For the Army Reserve, $30,000,000. 
For the Naval Reserve, $30,000,000. 
For the Marine Corps Reserve, $30,000,000. 
For the Air Force Reserve, $30,000,000. 
(h) The authorizations of appropriations contained in subsection 
(a) are in addition to any other amounts authorized to be appropri-
ated by this or any other Act. 
AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES 
SEC. 105. Funds are hereby authorized to be appropriated for fiscal 
year 1983 for procurement by the Defense agencies in the amount of 
$859,600,000. 
CERTAIN AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CONNECTION 
WITH 
THE 
NATO 
AIRBORNE 
WARNING 
AND 
CONTROL 
SYSTEM 
(AWACS) PROGRAM 
Effective date. 
SEC. 106. Effective on October 1, 1982, section 103(a) of the Depart-
ment of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 
1100), is amended by striking out "fiscal year 1982" both places it 
appears and inserting in lieu thereof "fiscal year 1983". 
Report to 
congressional 
committees. 
REQUIREMENTS RELATING TO MULTIYEAR CONTRACTS FOR CERTAIN 
EQUIPMENT 
SEC. 107. (a) Notwithstanding any other provision of law, a mul-
tiyear contract for the procurement of any of the equipment listed 
in subsection (b) may not be entered into until— 
(1) the Secretary of the military department concerned has 
submitted to the Committees on Armed Services of the Senate 
and House of Representatives a written report setting forth the 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 721 
justification for entering into a multiyear contract for the pro-
curement of the equipment concerned; and 
(2) a period of thirty days has elapsed after the date on which 
the report is received by those committees, 
(b) The equipment referred to in subsection (a) is the following: 
(1) F-111 weapon navigation computers. 
(2) C-2 aircraft. 
(3) EA-6B aircraft. 
(4) A-6E aircraft. 
(5) MULE laser designators. 
(6) CH-53E helicopters. 
(7) MLRS rocket systems. 
(8) ALQ-136 radio jammers. 
ENHANCEMENT OF NORTH AMERICAN AIR DEFENSE COMMAND LOW 
LEVEL RADAR CAPABIUTIES IN FLORIDA 
SEC. 108. The Secretary of the Air Force, using funds available 
under section 103, may acquire one tethered aero-stat radar set (of 
the type currently in use at Cudjoe Key, Florida) for deployment at 
Kennedy Air Force Station, Florida. Concurrently with such pro-
curement, the Secretary shall provide for necessary improvements 
to the radar set to be acquired and the existing set at Cudjoe Key, 
Florida. Such improvements and the operation and maintenance of 
such radar sets may be provided using funds available under this 
Act. 
SECURE COMMUNICATIONS EQUIPMENT AND A SPECIAL CLASSIFIED 
PROGRAM 
SEC. 109. The Secretary of Defense is authorized to procure secure 
telephone communication systems, including equipment and related 
items, during fiscal year 1983 for the Department of Defense and 
other government agencies and entities to support a national pro-
gram to provide secure telephone service. Of the funds authorized to 
be appropriated pursuant to this title, not more than $50,000,000 
may be used to provide secure telephone equipment and related 
items to the Department of Defense and other government agencies 
and entities in support of such a national program. Equipment 
provided to government agencies and entities outside the Depart-
ment of Defense under the authority of this section and such related 
services as may be necessary may be furnished by the Secretary of 
Defense without reimbursement. In addition, of the funds author-
ized to be appropriated pursuant to this Act, not more than 
$132,000,000 is authorized for a special classified program. 
PROHIBITION OF ACQUISITION OF 9-MILUMETER HANDGUN 
SEC. 110. None of the funds appropriated pursuant to an authori-
zation of appropriations in this Act may be obligated or expended in 
connection with the purchase of a 9-millimeter handgun for the 
Armed Forces or to carry out any activity concerned with evaluating 
the feasibility or desirability of purchasing a 9-millimeter handgun 
for the Armed Forces. 
96 STAT. 722 
PUBLIC LAW 97-252—SEPT. 8, 1982 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1983 for the use of the Armed Forces for research, 
development, test, and evaluation in amounts as follows: 
For the Army, $3,926,367,000. 
For the Navy (including the Marine Corps), $6,129,115,000. 
For the Air Force, $10,720,884,000, of which $1,000,000 is 
available only for research, development, test, and evaluation of 
the C-17 type cargo transport aircraft. 
For the Defense Agencies, $2,271,503,000, of which $55,000,000 
is authorized for the activities of the Director of Test and 
Evaluation, Defense. 
(b) In addition to the funds authorized to be appropriated in 
subsection (a), there are authorized to be appropriated for fiscal year 
1983 such additional sums as may be necessary for increases in 
salary, pay, retirement, and other employee benefits authorized by 
law for civilian employees of the Department of Defense whose 
compensation is provided for by funds authorized to be appropriated 
in subsection (a). 
(c) Of the total amount authorized to be appropriated in this 
section for research, development, test, and evaluation for the Air 
Force related to the basing of the MX missile system, $715,000,000 
may not be obligated until the President completes his review of 
alternative MX missile system basing modes and notifies the Con-
gress, in writing, of the long-term basing mode in which the MX 
missile system will be deployed and thirty days of session of Con-
gress have expired after the receipt by Congress of such notice. For 
the purpose of determining days of session of Congress under the 
preceding sentence, there shall be excluded any day on which either 
House of Congress is not in session because of an adjournment of 
more than three days to a day certain or an adjournment sine die. 
UMITATION ON FUNDS FOR THE NAVY 
SEC. 202. (a) Of the amount authorized in section 201 for the Navy 
(including the Marine Corps)— 
(1) $12,000,000 is available only for the development of a 
derivative of the Firebolt advanced aerial target; 
(2) $15,000,000 is available only for the phased array radar 
improvement program for the MK-92 fire control system; 
(3) $60,000,000 is available only for the development, test, 
evaluation, and initial deployment of the 5-inch semi-active 
laser guided projectile and the Seafire electro-optical fire con-
trol system; 
(4) $26,500,000 is available only for the Medium-Range Air-to-
Surface Missile (MRASM) System; 
(5) $138,595,000 is available, subject to subsection (b), only for 
the DDG-X (DDG-51) ship program; 
(6) $900,000,000 is available only for Surface Warfare pro-
grams; and 
(7) $5,555,000 is available only for the development of an 
advanced mine to replace the Captor mine. 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 723 
(b) None of the funds appropriated pursuant to the authorization 
of appropriations in section 201 for the Navy may be obligated or 
expended for the DDG-X (DDG-51) ship program until the Secre-
tary of the Navy has submitted to the Committees on Armed 
Services of the Senate and House of Representatives a plan for the 
deployment of the 5-inch semi-active laser guided projectile and 
Seaflre electro-optical fire control system concurrently with the 
deployment of the DDG-51 lead ship. 
REQUIREMENT FOR COMPETITION BETViTEEN THE AIR FORCE LANTIRN 
AND FUR SYSTEMS 
SEC. 203. No funds appropriated pursuant to this title for the Air 
Force may be obligated or expended for the development of the Low 
Altitude Navigation Targeting System for Night (LANTIRN) System 
until the Secretary of the Air Force submits to the Committees on 
Armed Services and Appropriations of the Senate and House of 
Representatives a written statement certifying that the LANTIRN 
program has been restructured to provide a competitive demonstra-
tion between the current LANTIRN System and a suitably modified 
version of the Navy's F/A-18 aircraft FLIR System. The Secretary of 
the Air Force may not enter into any contract for the production of 
the Targeting Infrared for Night (TIRN) System until after a com-
petitive demonstration between the LANTIRN System and the suit-
ably modified version of the Navy's F/A-18 aircraft FLIR System 
has been carried out. 
TITLE III—OPERATION AND MAINTENANCE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1983 for the use of the Armed Forces of the United States 
and other activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and maintenance 
in amounts as follows: 
For the Army, $16,750,050,000. 
For the Navy, $21,702,550,000. 
For the Marine Corps, $1,472,500,000. 
For the Air Force, $17,339,500,000. 
For the Defense Agencies, $5,693,650,000. 
For the Army Reserve, $704,889,000. 
For the Naval Reserve, $671,700,000. 
For the Marine Corps Reserve, $51,115,000. 
For the Air Force Reserve, $766,300,000. 
For the Army National Guard, $1,166,900,000. 
For the Air National Guard, $1,779,000,000. 
For the National Board for the Promotion of Rifle Practice, 
$875,000. 
For Defense Claims, $172,500,000. 
For the Court of Military Appeals, $3,210,000. 
(b) There are authorized to be appropriated for fiscal year 1983, in 
addition to the amounts authorized to be appropriated in subsection 
(a), such sums as may be necessary— 
(1) for increases in salary, pay, retirement, and other 
employee benefits authorized by law for civilian employees of 
96 STAT. 724 
PUBLIC LAW 97-252—SEPT. 8, 1982 
the Department of Defense whose compensation is provided for 
by funds authorized to be appropriated in subsection (a); 
(2) for unbudgeted increases in fuel costs; and 
(3) for incresises as the result of inflation in the cost of 
activities authorized by subsection (a). 
UMITATION ON FUNDS FOR SHIP OVERHAULS 
SEC. 302. Of the amount appropriated pursuant to authorizations 
of appropriation in section 301 for the Navy, not more than 
$2,756,000,000 may be obligated or expended for ship overhauls. 
RESTRICTION ON LONG-TERM LEASES OF VESSELS FOR THE NAVY 
committees. 
Notification to 
SEC. 303. (a) None of the funds appropriated pursuant to an 
^°^^1ffi°a^^ 
authorization of appropriations in section 301 may be obligated or 
""""" °"° 
expended in connection with a long-term lease of a vessel for the 
Navy if the lease includes a substantial termination liability unless 
and until (1) the Secretary of the Navy has notified the Committees 
on Armed Services and on Appropriations of the Senate and House 
of Representatives of the proposed lease, and (2) a period of thirty 
days has elapsed after the date on which such committees receive 
such notification. Any such notification shall include a description 
of the terms of the proposed lease and a justification for entering 
into such a lease rather than obtaining the vessel involved by 
acquisition. 
(b) Subsection (a) does not apply with respect to the lease of a 
vessel if the vessel was being leased by the Navy on September 30, 
1982. 
T-5 REPLACEMENT TANKER PROGRAM 
SEC. 304. (a) None of the funds appropriated pursuant to authori-
zations of appropriations in this title for the Navy may be obligated 
or expended for any activity in connection with the lease of any 
vessel associated with the T-5 Replacement Tanker program which 
has a main propulsion system or any other major component not 
built in the United States. 
Ot)) Subsection (a) does not apply with respect to the lease of a 
vessel if a contract for the lease of that vessel results from a request 
for proposal circulated before July 1,1982. 
UMITATION ON STUDIES OF CONTRACTING-OUT OF CERTAIN 
COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS 
SEC. 305. (a)(1) Except as provided in paragraph (2), funds appro-
priated pursuant to an authorization of appropriations in this title 
may not be obligated or expended in connection with any study 
begun during the period beginning on October 1, 1982, and ending 
on March 31, 1983, of the benefits or feasibility of contracting for 
performance by contractor personnel of any commercial or indus-
trial type function or activity of the Department of Defense being 
performed by Department of Defense personnel on September 30, 
1982. 
(2) Paragraph (1) does not prohibit the obligation or expenditure of 
funds in connection with— 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 725 
(A) any study the purpose of which is to determine the most 
efficient and cost effective organization of any commercial or 
industrial type function of the Department of Defense for per-
formance by Department of Defense personnel; or 
(B) any study carried out with respect to the contracting for 
the performance by contractor personnel, rather than Depart-
ment of Defense personnel, of any of the following: 
(i) Custodial functions, 
(ii) Laundry functions, 
(iii) Refuse collection functions, 
(iv) Grounds maintenance functions. 
(v) Food service and preparation functions (other than 
commissaries), 
(vi) Base transportation functions. 
(b) Of the total amount of funds authorized in this title, 
$283,800,000 is available only for salaries and other costs for the 
employment of and performance of functions by direct-hire civilian 
employees of the Department of Defense in excess of 947,000 such 
employees. 
TITLE IV—ACTIVE FORCES 
AUTHORIZATION OF END STRENGTHS 
SEC. 401. The Armed Forces are authorized strengths for active 
duty personnel as of September 30,1983, as follows: 
(1) The Army, 782,500. 
(2) The Navy, 560,300. 
(3) The Marine Corps, 194,600. 
(4) The Air Force, 592,600. 
AUTHORITY TO EXCEED END-STRENGTH AUTHORIZATIONS 
SEC. 402. (a) Section 138(c)(1)(A) of title 10, United States Code, is 
amended by inserting the following new sentence after the first 
sentence: "The end strength authorized for a component of the 
armed forces for a fiscal year may be increased by a number equal to 
not more than 0.5 percent of the total end strength authorized for 
such component for that fiscal year if the Secretary of Defense 
determines that such increase is in the national interest.". 
(b) The amendment made by subsection (a) shall apply with 
respect to end strengths for active-duty personnel authorized for 
fiscal years beginning after September 30,1981. 
10 u s e 138 note. 
QUALITY CONTROL ON ENLISTMENTS INTO THE ARMY 
SEC. 403. Effective on October 1, 1982, section 302(a) of the Depart-
ment of Defense Authorization Act, 1981 (Public Law 96-342; 10 
U.S.C. 520 note), is amended by striking out "October 1, 1981" and 
"September 30, 1982" and inserting in lieu thereof "October 1,1982" 
and "September 30,1983", respectively. 
Effective date. 
SAVING PROVISION FOR CERTAIN ACCRUED LEAVE 
SEC. 404. A member of the Armed Forces who was authorized 
under section 701(f) of title 10, United States Code, to accumulate 
ninety days leave during fiscal year 1980 and who lost any leave at 
96 STAT. 726 
PUBLIC LAW 97-252—SEPT. 8, 1982 
the end of fiscal year 1981 shall be credited with the amount of the 
leave lost and may retain leave in excess of sixty days until the end 
of fiscal year 1982, but in no case may a member accumulate leave 
in excess of ninety days. 
TITLE V—RESERVE FORCES 
AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE 
1
0 use 261 note. 
SEC. 501. (a) For fiscal year 1983 the Selected Reserve of the 
reserve components of the Armed Forces shall be programmed to 
attain average strengths of not less than the following: 
(1) The Army National Guard of the United States, 407,400. 
(2) The Army Reserve, 258,700. 
(3) The Naval Reserve, 105,500. 
(4) The Marine Corps Reserve, 38,300. 
(5) The Air National Guard of the United States, 101,100. 
(6) The Air Force Reserve, 66,000. 
(7) The Coast Guard Reserve, 12,000. 
Reduction. 
(b) The average strength prescribed by subsection (a) for the 
Selected Reserve of any reserve component shall be proportionately 
reduced by (1) the total authorized strength of units organized to 
serve as units of the Selected Reserve of such component which are 
on active duty (other than for training) at any time during the fiscal 
year, and (2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such compo-
nent who are on active duty (other than for training or for unsatis-
factory participation in training) without their consent at any time 
Increase. 
during the fiscal year. Whenever such units or such individual 
members are released from active duty during any fiscal year, the 
average strength prescribed for such fiscal year for the Selected 
Reserve of such reserve component shall be proportionately 
increased by the total authorized strength of such units and by the 
total number of such individual members. 
AUTHORIZATION OF END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN 
SUPPORT OF THE RESERVES 
SEC. 502. Within the average strengths prescribed in section 501, 
the reserve components of the Armed Forces are authorized, as of 
September 30,1983, the following number of Reserves to be serving 
on full-time active duty for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 14,419. 
(2) The Army Reserve, 8,251. 
(3) The Naval Reserve, 12,038. 
(4) The Marine Corps Reserve, 678. 
(5) The Air National Guard of the United States, 5,158. 
(6) The Air Force Reserve, 479. 
(b) Upon a determination by the Secretary of Defense that such 
action is in the national interest, the end strengths prescribed by 
subsection (a) may be increased by a total of not more than the 
number equal to 2 percent of the total end strengths prescribed. 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 727 
INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON 
ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS 
SEC. 503. (a) The table in section 517(b) of title 10, United States 
Code, is amended to read as follows: 
"Grade 
Army 
Navy 
Air Force 
Marine 
Corps 
E-9. 
E-8. 
265 
1,244 
156 
329 
132 
441 
6 
56". 
(b) The columns under the headings "Army", "Air Force", and 
"Marine Corps" in the table in section 524(a) of such title are lo use 524. 
amended to read as follows: 
"Army 
Air Force 
Marine 
Corps 
1,351 
671 
234 
281 
95 
267 
40 
170 
21" 
TITLE VI—CIVILIAN PERSONNEL 
AUTHORIZATION OF END STRENGTH 
SEC. 601. (a) The Department of Defense is authorized a strength 
in civilian personnel, as of September 30,1983, of 1,050,060. 
(b) The strength for civilian personnel prescribed in subsection (a) 
shall be apportioned among the Department of the Army, the 
Department of the Navy, the Department of the Air Force, and the 
agencies of the Department of Defense (other than the military 
departments) in such numbers as the Secretary of Defense shall 
prescribe. The Secretary of Defense shall report to the Congress 
within sixty days after the date of enactment of this Act on the 
manner in which the initial allocation of civilian personnel is made 
among the military departments and the agencies of the Depart-
ment of Defense (other than the military departments) and shall 
include the rationale for each allocation. 
(c)(1) In computing the strength for civilian personnel, there shall 
be included all direct-hire and indirect-hire civilian personnel 
employed to perform military functions administered by the De-
gartment of Defense (other than those performed by the National 
ecurity Agency) whether employed on a full-time, part-time, or 
intermittent basis, but excluding special employment categories for 
students and disadvantaged youth such as the stay-in-school cam-
paign, the temporary summer aid program and the Federal junior 
fellowship program and personnel participating in the worker-
trainee opportunity program. 
(2) Personnel employed under a part-time career employment 
program established by section 3402 of title 5, United States Code, 
shall be counted as prescribed by section 3404 of that title. Person-
nel employed in an overseas area on a part-time basis under a 
nonpermanent local-hire appointment who are dependents accompa-
nying a Federal civilian employee or a member of a uniformed 
Apportionment. 
Report to 
Congress. 
Direct-hire and 
indirect-hire 
civiUan 
personnel. 
Part-time career 
employees. 
5 u s e 3404. 
97-200 O-84-pt. 1 
25 : QL3 
96 STAT. 728 
PUBLIC LAW 97-252—SEPT. 8, 1982 
5 u s e 3404. 
Transfer or 
assigned 
personnel. 
Excess 
employees, 
limitation; 
notification to 
Congress. 
Notification to 
Congress. 
service on official assignment or tour of duty shall also be counted as 
prescribed by section 3404 of that title. 
(3) Whenever a function, power or duty, or activity is transferred 
or assigned to a department or agency of the Department of Defense 
from a department or agency outside of the Department of Defense, 
or from another department or agency within the Department of 
Defense, the civilian personnel end-strength authorized for such 
departments or agencies of the Department of Defense affected shall 
be adjusted to reflect any increases or decreases in civilian person-
nel required as a result of such transfer or assignment. 
(d) When the Secretary of Defense determines that such action is 
necessary in the national interest or if any conversion of commer-
cial- and industrial-type functions from performance by Department 
of Defense personnel to performance by private contractors which 
was anticipated to be made during fiscal year 1983 in the Budget of 
the President submitted for such fiscal year is not determined to be 
appropriate for such conversion under established administrative 
criteria, the Secretary of Defense may authorize the employment of 
civilian personnel in excess of the number authorized by subsection 
(a), but such additional number may not exceed 2 percent of the 
total number of civilian personnel authorized for the Department of 
Defense by subsection (a). The Secretary of Defense shall promptly 
notify the Congress of any authorization to increase civilian person-
nel strength under this subsection. 
TITLE VII—MILITARY TRAINING STUDENT LOADS 
Apportionment. 
AUTHORIZATION OF TRAINING STUDENT LOADS 
SEC. 701. (a) For fiscal year 1983, the components of the Armed 
Forces are authorized average military training student loads as 
follows: 
(1) The Army, 78,311. 
(2) The Navy, 66,930. 
(3) The Marine Corps, 20,435. 
(4) The Air Force, 48,769. 
(5) The Army National Guard of the United States, 18,052. 
(6) The Army Reserve, 14,579. 
(7) The Naval Reserve, 1,000. 
(8) The Marine Corps Reserve, 2,971. 
(9) The Air National Guard of the United States, 2,328. 
(10) The Air Force Reserve, 1,35L 
(b) The average military student loads for the Army, the Navy, 
the Marine Corps, and the Air Force and the reserve components 
authorized in subsection (a) for fiscal year 1983 shall be adjusted 
consistent with the manpower strengths authorized in titles IV, V, 
and VI of this Act. Such adjustment shall be apportioned among the 
Army, the Navy, the Marine Corps, and the Air Force and the 
reserve components in such manner as the Secretary of Defense 
shall prescribe. 
10 u s e 2031 
note. 
EXTENSION OF REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE 
IN A UNIT OF THE JUNIOR RESERVE OFFICERS' TRAINING CORPS 
SEC. 702. Section 602 of the Department of Defense Authorization 
Act, 1981 (Public Law 96-342; 94 Stat. 1087), is amended by striking 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 729 
out "August 31, 1982" and inserting in lieu thereof "August 31, 
1983". 
TITLE VIII-CIVIL DEFENSE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 801. There is hereby authorized to be appropriated for fiscal 
year 1983 to carry out the provisions of the Federal Civil Defense 
Act of 1950 (50 U.S.C. App. 2251-2297) the sum of $152,340,000. 
AMOUNT AUTHORIZED FOR CONTRIBUTION FOR STATE PERSONNEL AND 
ADMINISTRATIVE EXPENSES 
SEC. 802. Notwithstanding the second proviso of section 408 of the 
Federal Civil Defense Act of 1950 (50 U.S.C. App. 2260), $60,000,000 
of the amount authorized to be appropriated by the first section of 
this Act is available for appropriations for contributions to the 
States under section 205 of such Act (50 U.S.C. App. 2286) for 
personnel and administrative expenses. 
TITLE IX—SUPPLEMENTAL AUTHORIZATIONS FOR FISCAL 
YEAR 1982 
PROCUREMENT 
SEC. 901. In addition to the funds authorized to be appropriated in 
title I of the Department of Defense Authorization Act, 1982 (Public 
Law 97-86; 95 Stat. 1099), there is hereby authorized to be appropri-
ated to the Air Force for fiscal year 1982 for procurement of aircraft 
the sum of $120,000,000. 
OPERATION AND MAINTENANCE 
SEC. 902. In addition to the funds authorized to be appropriated in 
title III of the Department of Defense Authorization Act, 1982, funds 
95 Stat. 1103. 
are hereby authorized to be appropriated for fiscal year 1982 for the 
use of the Armed Forces of the United States and other activities 
and agencies of the Department of Defense for operation and main-
tenance in amounts as follows: 
For the Army, Army Reserve, and Army National Guard, 
$6,600,000. 
For the Navy, the Naval Reserve, and the Marine Corps, 
$5,000,000. 
For the Air Force, Air Force Reserve, and Air National 
Guard, $25,000,000. 
For the Defense Agencies and other Defense-wide activities, 
$25,800,000. 
INCREASE IN END STRENGTH AUTHORIZED FOR THE ARMY FOR FISCAL 
YEAR 1982 
SEC. 903. Section 401 of the Department of Defense Authorization 
Act, 1982 (Public Law 97-86; 95 Stat. 1104), is amended by striking 
out "Army, 780,300" and inserting in lieu thereof "Army, 782,500". 
96 STAT. 730 
PUBLIC LAW 97-252—SEPT. 8, 1982 
Uniformed 
TITLE X—FORMER SPOUSES' PROTECTION 
Services Former 
Protection Act. 
SHORT TITLE 
10 use 1401 
SEC. 1001. This title may be cited as the "Uniformed Services 
note. 
Former Spouses' Protection Act". 
PAYMENT OF RETIRED AND RETAINER PAY 
SEC. 1002. (a) Chapter 71 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
10 use 1408. 
"§ 1408. Payment of retired or retainer pay in compliance with 
court orders 
Definitions. 
"(a) In this section: 
"(1) 'Court' means— 
"(A) any court of competent jurisdiction of any State, the 
District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territory of the Pacific 
Islands; 
"(B) any court of the United States (as defined in section 
451 of title 28) having competent jurisdiction; and 
"(C) any court of competent jurisdiction of a foreign 
country with which the United States has an agreement 
requiring the United States to honor any court order of 
such country. 
"(2) 'Court order' means a final decree of divorce, dissolution, 
annulment, or legal separation issued by a court, or a court 
ordered, ratified, or approved property settlement incident to 
such a decree (including a final decree modifying the terms of a 
previously issued decree of divorce, dissolution, annulment, or 
legal separation, or a court ordered, ratified, or approved prop-
erty settlement incident to such previously issued decree), 
which— 
"(A) is issued in accordance with the laws of the jurisdic-
tion of that court; 
"(B) provides for— 
"(i) payment of child support (as defined in section 
462(b) of the Social Security Act (42 U.S.C. 662(b)))"; 
"(ii) payment of alimony (as defined in section 462(c) 
of the Social Security Act (42 U.S.C. 662(c)))"; or 
"(iii) division of property (including a division of 
community property); and 
"(C) specifically provides for the payment of an amount, 
expressed in dollars or as a percentage of disposable retired 
or retainer pay, from the disposable retired or retainer pay 
of a member to the spouse or former spouse of that member. 
"(3) 'Final decree' means a decree from which no appeal may 
be taken or from which no appeal has been taken within the 
time allowed for taking such appeals under the laws applicable 
to such appeals, or a decree from which timely appeal has been 
taken and such appeal has been finally decided under the laws 
applicable to such appeals. 
"(4) 'Disposable retired or retainer pay' means the total 
monthly retired or retainer pay to which a member is entitled 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 731 
(other than the retired pay of a member retired for disability 
under chapter 61 of this title) less amounts which— 
lo use 1201 et 
"(A) are owed by that member to the United States; ®
^
^
-
"(B) are required by law to be and are deducted from the 
retired or retainer pay of such member, including fines and 
forfeitures ordered by courts-martial, Federal employment 
taxes, and amounts waived in order to receive compensa-
tion under title 5 or title 38; 
5 use lOi; 38 
"(C) are properly withheld for Federal, State, or local use lOl. 
income tax purposes, if the withholding of such amounts is 
authorized or required by law and to the extent such 
amounts withheld are not greater than would be authorized 
if such member claimed all dependents to which he was 
entitled; 
"(D) are withheld under section 3402(i) of the Internal 
Revenue Code of 1954 (26 U.S.C. 3402(i)) if such member 
presents evidence of a tax obligation which supports such 
withholding; 
"(E) are deducted as Government life insurance premi-
ums (not including amounts deducted for supplemental 
coverage); or 
"(F) are deducted because of an election under chapter 73 
of this title to provide an annuity to a spouse or former 
10 use 1431 et 
spouse to whom payment of a portion of such member's *^^-
retired or retainer pay is being made pursuant to a court 
order under this section. 
"(5) 'Member' includes a former member. 
"(6) 'Spouse or former spouse' means the husband or wife, or 
former husband or wife, respectively, of a member who, on or 
before the date of a court order, was married to that member. 
"(b) For the purposes of this section— 
"(1) service of a court order is effective i
f
— 
"(A) an appropriate agent of the Secretary concerned 
designated for receipt of service of court orders under regu-
lations prescribed pursuant to subsection (h) or, if no agent 
has been so designated, the Secretary concerned, is person-
ally served or is served by certified or registered mail, 
return receipt requested; 
"(B) the court order is regular on its face; 
"(C) the court order or other documents served with the 
court order identify the member concerned and include the 
social security number of such member; and 
"(D) the court order or other documents served with the 
court order certify that the rights of the member under the 
Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 
501 et seq.) were observed; and 
"(2) a court order is regular on its face if the order— 
"(A) is issued by a court of competent jurisdiction; 
"(B) is legal in form; and 
"(C) includes nothing on its face that provides reasonable 
notice that it is issued without authority of law. 
"(c)(1) Subject to the limitations of this section, a court may treat 
disposable retired or retainer pay payable to a member for pay 
periods beginning after June 25, 1981, either as property solely of 
the member or as property of the member and his spouse in 
accordance with the law of the jurisdiction of such court. 
96 STAT. 732 
PUBLIC LAW 97-252—SEPT. 8, 1982 
"(2) Notwithstanding any other provision of law, this section does 
not create any right, title, or interest which can be sold, assigned, 
transferred, or otherwise disposed of (including by inheritance) by a 
spouse or former spouse. 
"(3) This section does not authorize any court to order a member 
to apply for retirement or retire at a particular time in order to 
effectuate any payment under this section. 
"(4) A court may not treat the disposable retired or retainer pay of 
a member in the manner described in paragraph (1) unless the court 
has jurisdiction over the member by reason of (A) his residence, 
other than because of military assi^ment, in the territorial juris-
diction of the court, (B) his domicile in the territorial jurisdiction of 
the court, or (C) his consent to the jurisdiction of the court. 
"(dXl) After effective service on the Secretary concerned of a court 
order with respect to the payment of a portion of the retired or 
retainer pay of a member to the spouse or a former spouse of the 
member, the Secretary shall, subject to the limitations of this 
section, make pajnnents to the spouse or former spouse in the 
amount of the disposable retired or retainer pay of the member 
specifically provided for in the court order. In the case of a member 
entitled to receive retired or retainer pay on the date of the effective 
service of the court order, such payments shall begin not later than 
90 days after the date of effective service. In the case of a member 
not entitled to receive retired or retainer pay on the date of the 
effective service of the court order, such pajnnents shall begin not 
later than 90 days after the date on which the member first becomes 
entitled to receive retired or retainer pay. 
"(2) If the spouse or former spouse to whom pajnnents are to be 
made under this section was not married to the member for a period 
of 10 years or more during which the member performed at least 
10 years of service creditable in determining the member's eligibil-
ity for retired or retainer pay, payments may not be made under 
this section to the extent that they include an amount resulting 
from the treatment by the court under subsection (c) of disposable 
retired or retainer pay of the member as property of the member or 
property of the member and his spouse. 
"(3) Payments under this section shall not be made more fre-
quently than once each month, and the Secretary concerned shall 
not be required to vary normal pay and disbursement cycles for 
retired or retainer pay in order to comply with a court order. 
"(4) Pajrments from the disposable retired or retainer pay of a 
member pursuant to this section shall terminate in accordance with 
the terms of the applicable court order, but not later than the date 
of the death of the member or the date of the death of the spouse or 
former spouse to whom payments are being made, whichever occurs 
first. 
"(5) If a court order described in paragraph (1) provides for a 
division of property (including a division of community property) in 
addition to an amount of disposable retired or retainer pay, the 
Secretary concerned shall, subject to the limitations of this section, 
pay to the spouse or former spouse of the member, from the dispos-
able retired or retainer pay of the member, any part of the amount 
payable to the spouse or former spouse under the division of prop-
erty upon effective service of a final court order of garnishment of 
such amount from such retired or retainer pay. 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 733 
"(e)(1) The total amount of the disposable retired or retainer pay 
of a member payable under subsection (d) may not exceed 50 percent 
of such disposable retired or retainer pay. 
"(2) In the event of effective service of more than one court order 
which provide for payment to a spouse and one or more former 
spouses or to more than one former spouse from the disposable 
retired or retainer pay of a member, such pay shall be used to satisfy 
(subject to the limitations of paragraph (1)) such court orders on a 
first-come, first-served basis. Such court orders shall be satisfied 
(subject to the limitations of paragraph (D) out of that amount of 
disposable retired or retainer pay which remains after the satisfac-
tion of all court orders which have been previously served. 
"(3)(A) In the event of effective service of conflicting court orders 
under this section which assert to direct that different amounts be 
paid during a month to the same spouse or former spouse from the 
disposable retired or retainer pay of the same member, the Secre-
tary concerned shall— 
"(i) pay to that spouse the least amount of disposable retired 
or retainer pay directed to be paid during that month by any 
such conflicting court order, but not more than the amount of 
disposable retired or retainer pay which remains available for 
payment of such court orders based on when such court orders 
were effectively served and the limitations of paragraph (1) and 
subparagraph (B) of paragraph (4); 
"(ii) retain an amount of disposable retired or retainer pay 
that is equal to the lesser of— 
"(I) the difference between the largest amount of retired 
or retainer pay required by any conflicting court order to be 
paid to the spouse or former spouse and the amount pay-
able to the spouse or former spouse under clause (i); and 
"(II) the amount of disposable retired or retainer pay 
which remains available for payment of any conflicting 
court order based on when such court order was effectively 
served and the limitations of paragraph (1) and subpara-
graph (B) of paragraph (4); and 
"(iii) pay to that member the amount which is equal to the 
amount of that member's disposable retired or retainer pay (less 
any amount paid during such month pursuant to legal process 
served under section 459 of the Social Security Act (42 U.S.C. 
659) and any amount paid during such month pursuant to court 
orders effectively served under this section, other than such 
conflicting court orders) minus— 
"(I) the amount of disposable retired or retainer pay paid 
under clause (i); and 
"(II) the amount of disposable retired or retainer pay 
retained under clause (ii). 
"(B) The Secretary concerned shall hold the amount retained 
under clause (ii) of subparagraph (A) until such time as that Secre-
tary is provided with a court order which has been certified by the 
member and the spouse or former spouse to be valid and applicable 
to the retained amount. Upon being provided with such an order, 
the Secretary shall pay the retained amount in accordance with the 
order. 
"(4)(A) In the event of effective service of a court order under this 
section and the service of legal process pursuant to section 459 of the 
Social Security Act (42 U.S.C. 659), both of which provide for pay-
ments during a month from the retired or retainer pay of the same 
96 STAT. 734 
PUBLIC LAW 97-252—SEPT. 8, 1982 
member, such court orders and legal process shall be satisfied on a 
first-come, first-served basis. Such court orders and legal process 
shall be satisfied out of moneys which are subject to such orders and 
legal process and which remain available in accordance with the 
limitations of paragraph (1) and subparagraph (B) of this paragraph 
during such month after the satisfaction of all court orders or legal 
process which have been previously served. 
"(B) Notwithstanding any other provision of law, the total amount 
of the disposable retired or retainer pay of a member payable by the 
Secretary concerned under all court orders pursuant to this section 
and all legal processes pursuant to section 459 of the Social Security 
Act (42 U.S.C. 659) with respect to a member may not exceed 65 
percent of the disposable retired or retainer pay payable to such 
member. 
"(5) A court order which itself or because of previously served 
court orders provides for the pajonent of an amount of disposable 
retired or retainer pay which exceeds the amount of such pay 
available for pa5rment because of the limit set forth in paragraph (1), 
or which, because of previously served court orders or legal process 
previously served under section 459 of the Social Security Act (42 
U.S.C. 659), provides for payment of an amount of disposable retired 
or retainer pay that exceeds the maximum amount permitted under 
parg^aph (1) or subparagraph (B) of paragraph (4), shall not be 
considered to be irregular on its face solely for that reason. How-
ever, such order shall be considered to be fully satisfied for purposes 
of this section by the payment to the spouse or former spouse of the 
maximum amount of disposable retired or retainer pay permitted 
under paragraph (1) and subparagraph (B) of paragraph (4). 
"(6) Nothing in this section shall be construed to relieve a member 
of liability for the payment of alimony, child support, or other 
pajrments required by a court order on the grounds that payments 
made out of disposable retired or retainer pay under this section 
have been made in the maximum amount permitted under para-
graph (1) or subparagraph (B) of paragraph (4). Any such unsatisfied 
obligation of a member may be enforced by any means available 
under law other than the means provided under this section in any 
case in which the maximum amount permitted under paragraph (1) 
has been paid and under section 459 of the Social Security Act (42 
U.S.C. 659) in any case in which the maximum amount permitted 
under subparagraph (B) of paragraph (4) has been paid. 
"(fKD The United States and any officer or employee of the United 
States shall not be liable with respect to any payment made from 
retired or retainer pay to any member, spouse, or former spouse 
pursuant to a court order that is regular on its face if such payment 
is made in accordance with this section and the regulations pre-
scribed pursuant to subsection (h). 
"(2) An officer or employee of the United States who, under 
regulations prescribed pursuant to subsection (h), has the duty to 
respond to interrogatories shall not be subject under any law to any 
disciplinary action or civil or criminal liability or penalty for, or 
because of, any disclosure of information made by him in carrying 
out any of his duties which directly or indirectly pertain to answer-
ing such interrogatories. 
"(g) A person receiving effective service of a court order under this 
section shall, as soon as possible, but not later than 30 days after 
the date on which effective service is made, send a written notice of 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 735 
such court order (together with a copy of such order) to the member 
affected by the court order at his last known address. 
"(h) The Secretaries concerned shall prescribe uniform regula- Regulations. 
tions for the administration of this section.". 
(b) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1408. Payment of retired or retainer pay in compliance with court orders.". 
Ante, p. 730. 
ANNUITIES UNDER THE SURVIVOR BENEFIT PLAN 
SEC. 1003. (a) Section 1447 of title 10, United States Code, is 
amended by adding at the end thereof the following new para-
graphs: 
"(6) 'Former spouse' means the surviving former husband or Definitions. 
wife of a person who is eligible to participate in the Plan. 
"(7) 'Court' has the meaning given that term by section 
1408(aXl) of this title. 
"(8) 'CJourt order' means a court's final decree of divorce, 
dissolution, annulment, or legal separation, or a court ordered, 
ratified, or approved property settlement incident to such a 
decree (including a final decree modifying the terms of a previ-
ously issued decree of divorce, dissolution, annulment, or legal 
separation, or of a court ordered, ratified, or approved property 
settlement agreement incident to such previously issued 
decree). 
"(9) 'Final decree' means a decree from which no appeal may 
be taken or from which no appeal has been taken within the 
time allowed for the taking of such appeals under the laws 
applicable to such appeals, or a decree from which timely 
appeal has been taken and such appeal has been finally decided 
under the laws applicable to such appeals. 
"(10) 'Regular on its face', when used in connection with a 
court order, means a court order that meets the conditions 
prescribed in section 1408(bX2) of this title.". 
(b)(1) Section 1448(a) of such title is amended— 
(A) in paragraph (3XA) by inserting "or elects to provide an 
annuity under subsection 0)X2) of this section," after "for his 
spouse,"; and 
(B) in paragraph (3XB) by inserting "or elects to provide an 
annuity under subsection (bX2) of this section," after "for his 
spouse,". 
(2) Section 1448(b) of such title is amended to read as follows: 
"(bXD A person who is not married and does not have a dependent 
child when he becomes eligible to participate in the Plan may elect 
to provide an annuity to a natural person with an insurable interest 
in that person or to provide an annuity to a former spouse. 
"(2) A person who is married or has a dependent child may elect to 
provide an annuity to a former spouse instead of providing an 
annuity to a spouse or dependent child if the election is made in 
order to carry out the terms of a written agreement entered into 
voluntarily with the former spouse (without regard to whether such 
agreement is included in or approved by a court order). 
"(3) In the case of a person electing to provide an annuity under 
paragraph (1) or (2) of this subsection by virtue of eligibility under 
subsection (aXlXB), the election shall include a designation under 
subsection (e). 
Ante, p. 730. 
10 use 1448. 
96 STAT. 736 
PUBLIC LAW 97-252—SEPT. 8, 1982 
"(4) Any person who elects under paragraph (1) or (2) to provide an 
annuity to a former spouse shall, at the time of making such 
election, provide the Secretary concerned with a written statement, 
in a form to be prescribed by that Secretary, signed by such person 
and the former spouse setting forth whether the election is being 
made pursuant to a voluntary written agreement previously entered 
into by such person as a part of or incident to a proceeding of 
divorce, dissolution, annulment, or legal separation, and if so, 
whether such voluntary written agreement has been incorporated in 
or ratified or approved by a court order.". 
10 use 1450. 
(c) Section 1450(a)(4) of such title is amended— 
(1) by inserting "former spouse or other" before "natural 
person"; and 
(2) by striking out "if there is no eligible beneficiary under 
clause (1) or clause (2)" and inserting in lieu thereof "unless the 
election to provide an annuity to the former spouse or other 
natural person has been changed as provided in subsection (f)". 
(d) Section 1450(f) of such title is amended to read as follows: 
"(0(1) A person who elects to provide an annuity to a person 
Ante, p. 735. 
designated by him under section 1448(b) of this title may, subject to 
paragraph (2) of this subsection, change that election and provide an 
annuity to his spouse or dependent child. The Secretary concerned 
shall notify the former spouse or other natural person previously 
designated under section 1448(b) of this title of any change of 
election under the first sentence of this paragraph. Any such change 
of election is subject to the same rules with respect to execution, 
revocation, and effectiveness as are set forth in section 1448(a)(5) of 
this title. 
"(2) A person who, incident to a proceeding of divorce, dissolution, 
annulment, or legal separation, enters into a voluntary written 
agreement to elect under section 1448(b) of this title to provide an 
annuity to a former spouse and who makes an election pursuant to 
such agreement may not change such election under paragraph (1) 
unless— 
"(A) in a case in which such agreement has been incorporated 
in or ratified or approved by a court order, the person— 
"(i) furnishes to the Secretary concerned a certified copy 
of a court order which is regular on its face and modifies 
the provisions of all previous court orders relating to the 
agreement to make such election so as to permit the person 
to change the election; and 
"(ii) certifies to the Secretary concerned that the court 
order is valid and in effect; or 
"(B) in a case in which such agreement has not been incorpo-
rated or ratified or approved by a court order, the person— 
"(i) furnishes to the Secretary concerned a statement, in 
such form as the Secretary concerned may prescribe, signed 
by the former spouse and evidencing the former spouse's 
agreement to a change in the election under paragraph (1); 
and 
"(ii) certifies to the Secretary concerned that the state-
ment is current and in effect. 
"(3) Nothing in this chapter authorizes any court to order any 
person to elect under section 1448(b) of this title to provide an 
annuity to a former spouse unless such person has voluntarily 
agreed in writing to make such election.". 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 737 
MEDICAL BENEFITS 
SEC. 1004. (a) Section 1072(2) of title 10, United States Code, is 
amended— 
(1) by striking out "and" at the end of clause (D); 
(2) by striking out the period at the end of clause (E) and 
inserting in lieu thereof a semicolon and "and"; and 
(3) by adding at the end thereof the following new clause: 
"(F) the unremarried former spouse of a member or 
former member who (i) on the date of the final decree of 
divorce, dissolution, or annulment, had been married to the 
member or former member for a period of at least 20 
years during which period the member or former member 
performed at least 20 years of service which is credit-
able in determining that member's or former member's 
eligibility for retired or retainer pay, or equivalent pay, and 
(ii) does not have medical coverage under an employer-
sponsored health plan.". 
(b) Section 1076(b) of such title is amended by inserting at the end lo use 1076. 
thereof the following: "A dependent described in section 1072(2XF) of 
this title may be provided medical and dental care pursuant to 
clause (2) without regard to subclause (B) of such clause. . 
(c) Section 1086(c) of such title is amended by inserting after '^^ use 1086. 
clause (2) the following new clause: 
"(3) A dependent covered by section 1072(2XF) of this title.", lo use 1072. 
COMMISSARY AND EXCHANGE PRIVILEGES 
SEC. 1005. The Secretary of Defense shall prescribe such regula- Regulations. 
tions as may be necessary to provide that an unremarried former ^ote 
^^^^ 
spouse described in subparagraph (FXi) of section 1072(2) of title 10, 
United States Code (as added by section 1004), is entitled to commis-
sary and post exchange privileges to the same extent and on the 
same basis as the surviving spouse of a retired member of the 
uniformed services. 
EFFECTIVE DATES AND TRANSITION 
SEC. 1006. (a) The amendments made by this title shall take effect 
lo use 1408 
on the first day of the first month which begins more than one ^°^-
hundred and twenty days after the date of the enactment of this 
title. 
(b) Subsection (d) of section 1408 of title 10, United States C!ode, as 
added by section 1002(a), shall apply only with respect to pa3mients ^"^^' P- '^^^• 
of retired or retainer pay for periods beginning on or after the 
effective date of this title, but without regard to the date of any 
court order. However, in the case of a court order that became final 
before June 26, 1981, payments under such subsection may only be 
made in accordance with such order as in effect on such date and 
without regard to any subsequent modifications. 
(c) The amendments made by section 1003 of this title shall apply 
to persons who become eligible to participate in the Survivor Benefit 
Plan provided for in subchapter II of chapter 73 of title 10, United 
States Code, before, on, or after the effective date of such amend- lo use 1447. 
ments. 
(d) The amendments made by section 1004 of this title and the 
provisions of section 1005 of this title shall apply in the case of any 
96 STAT. 738 
PUBLIC LAW 97-252—SEPT. 8, 1982 
Definitions. 
Ante, p. 730. 
former spouse of a member or former member of the uniformed 
services only if the final decree of divorce, dissolution, or annulment 
of the marriage of the former spouse and such member or former 
member is dated on or after the effective date of such amendments, 
(e) For the purposes of this section— 
(1) the term "court order" has the same meaning as provided 
in section 1408(aX2) of title 10, United States C!ode (as added by 
section 1002 of this title); 
(2) the term "former spouse" has the same meaning as pro-
vided in section 1408(aX6) of such title (as added by section 1002 
of this title); and 
(3) the term "uniformed services" has the same meaning as 
provided in section 1408(aX7) of such title (as added by section 
1002 of this title). 
TITLE XI—GENERAL PROVISIONS 
Notification to 
Congress. 
TRANSFER AUTHORITY 
SEC. 1101. (aXD Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, the Secretary 
may transfer amounts of authorizations made available to the 
Department of Defense in this Act between any such authorizations 
(or any subdivisions thereof). Amounts of authorizations so trans-
ferred shall be merged with and be available for the same purposes 
as the authorization to which transferred. 
(2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may not 
exceed $1,500,000,000. 
(b) The authority provided by this section to transfer authoriza-
tions— 
(1) may only be used to provide authority for higher priority 
items than the items from which authority is transferred; and 
(2) may not be used to provide authority for an item that has 
been denied authorization by Congress. 
(c) The Secretary of Defense shall promptly notify Congress of 
transfers made under the authority of this section. 
WAIVER OP AUTHORIZATION REQUIREMENT FOR CERTAIN PREVIOUSLY 
APPROPRIATED FUNDS 
SEC. 1102. The provisions of section 138(a) of title 10, United States 
Code, providing that funds may not be obligated or expended by the 
Armed Forces for certain purposes unless such funds have been 
specifically authorized by law shall not apply with respect to the 
obligation or expenditure of funds appropriated for fiscal year 1982 
before the date of enactment of this Act for the following purposes: 
(1) Procurement of aircraft for the Army. 
(2) Procurement of aircraft for the Air Force. 
(3) Procurement of missiles for the Air Force. 
(4) Operations and maintenance for Defense-wide activities. 
INCREASE I N AUTHORIZATION FOR SPECIAL DEFENSE ACQUISITION FUND 
95 Stat. 1524. 
SEC. 1103. Section 138(g) of title 10, United States Code, is 
amended— 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 739 
(1) by striking out "and" after "1982" and inserting in lieu 
thereof a comma; and 
(2) by inserting ", and may not exceed $900,000,000 in fiscal 
year 1984" after "1983". 
INCREASE IN DOLLAR THRESHOLD FOR REPORTS TO CONGRESS 
REGARDING TRANSFER OF DEFENSE ARTICLES 
SEC. 1104. Section 813 of the Department of Defense Appropri-
ation Authorization Act, 1976 (Public Law 94-106; 10 U.S.C. 133 
note), is amended by striking out "$25,000,000" and inserting in lieu 
thereof "$50,000,000". 
REPORTS ON FUNDING OF TECHNOLOGY TRANSFER CONTROL POLICY 
SEC. 1105. Section 138 of title 10, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(h) The Secretary of Defense shall submit to Congress a written 
report, not later than February 15 of each fiscal year, recommend-
ing the amount of funds to be appropriated to the Department of 
Defense for the next fiscal year for functions relating to the formu-
lation and carrying out of Department of Defense policies on the 
control of technology transfer and activities related to the control of 
technology transfer. The Secretary shall includie in that report the Allocation of 
proposed allocation of the funds requested for such purpose and the f^'^'^s. 
number of personnel proposed to be assigned to carry out such 
activities during such fiscal year.". 
LIMITATION ON DEFENSE FUNDS FOR SPACE SHUTTLE 
SEC. 1106. Notwithstanding any other provision of law, during 
fiscal year 1983 the Secretary of Defense shall not transfer funds to 
the Administrator of the National Aeronautics and Space Adminis-
tration to pay any part of the cost of placing Department of Defense 
payloads into orbit by means of the Space Shuttle except in accord-
ance with laws in effect on July 1,1982, and interagency agreements 
made pursuant to such laws. 
IMPROVED OVERSIGHT OF COST GROWTH IN MAJOR DEFENSE 
ACQUISITION PROGRAMS 
SEC. 1107. (a)(1) Chapter 4 of title 10, United States Code, is 
amended by inserting after section 139 the following new sections: 
"§ 139a. Oversight of cost growth in major programs: Selected 10 USC I39a. 
Acquisition Reports 
"(a) In this section: 
Definitions. 
"(1) 'Major defense acquisition program' means a Department 
of Defense acquisition program that is not a highly sensitive 
classified program (as determined by the Secretary of Defense) 
and— 
"(A) that is designated by the Secretary of Defense as a 
major defense acquisition program; or 
' (B) that is estimated by the Secretary of Defense to 
require an eventual total expenditure for research, develop-
ment, test, and evaluation of more than $200,000,000 (based 
on fiscal year 1980 constant dollars) or an eventual total 
96 STAT. 740 
PUBLIC LAW 97-252—SEPT. 8, 1982 
expenditure for procurement of more than $1,000,000,000 
(based on fiscal year 1980 constant dollars). 
"(2) 'Program acquisition unit cost', with respect to a major 
defense acquisition program, means the amount equal to (A) the 
total cost for development and procurement of, and system-
specific military construction for, the acquisition program, 
divided by (B) the number of fully-configured end items to be 
produced for the acquisition program. 
"(3) 'Procurement unit cost', with respect to a major defense 
acquisition program, means the amount equal to (A) the total of 
all procurement funds appropriated for the program for a fiscal 
year, reduced by the amount of funds appropriated for such 
fiscal year for advanced procurement for such program in any 
subsequent year and increased by any amount appropriated in 
years before such fiscal year for advanced procurement for such 
program in such fiscal year, divided by (B) the number of fully-
configured end items to be procured with such funds during 
such fiscal year. 
"(4) 'Major contract', with respect to a major defense acqui-
sition program, means (A) each prime contract under the 
program, and (B) each associate or 
Government-furnished 
equipment contract under the program that is one of the six 
largest contracts under the program in dollar amount. 
Selected 
"(b)(1) The Secretary of Defense shall submit to Congress at the 
Acquisition 
gjj^j Q
f g^ch fiscal-year quarter a report on current major defense 
^^^ ' 
acquisition programs. Except as provided in paragraphs (2) and (3), 
each such report shall include a status report on each defense 
acquisition program that at the end of such quarter is a major 
defense acquisition program. Reports under this section shall be 
known as Selected Acquisition Reports. 
"(2) A status report on a major defense acquisition program need 
not be included in the Selected Acquisition Report for the second, 
third, or fourth quarter of a fiscal year if such a report was included 
in a previous Selected Acquisition Report for that fiscal year and 
there has been no change in program cost, performance, or schedule 
since the most recent such report. 
"(3) A status report on a particular major defense acquisition 
program need not be included in any Selected Acquisition Report 
with the approval of the Committees on Armed Services of the 
Senate and House of Representatives. 
"(c) Each Selected Acquisition Report for the first quarter of a 
fiscal year shall include (1) the same information, in detailed and 
summarized form, as is provided in reports submitted under section 
10 use 139. 
139 of this title, (2) the current program acquisition unit cost for 
each major defense acquisition program included in the report and 
the history of that cost from the date the program was first included 
in a Selected Acquisition Report to the end of the quarter for which 
the current report is submitted, and (3) such other information as 
the Secretary of Defense considers appropriate. Selected Acquisition 
Reports for the first quarter of a fiscal year shall be known as 
comprehensive annual Selected Acquisition Reports. 
"(d)(1) Each Selected Acquisition Report for the second, third, and 
fourth quarters of a fiscal year shall include— 
"(A) with respect to each major defense acquisition program 
that was included in the most recent comprehensive annual 
Selected Acquisition Report, the information described in sub-
section (e); and 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 741 
Quarterly 
Selected 
Acquisition 
Reports. 
"(B) with respect to each major defense acquisition program 
that was not included in the most recent comprehensive annual 
Selected Acquisition Report, the information described in sub-
section (c). 
"(2) Selected Acquisition Reports for the second, third, and fourth 
quarters of a fiscal year shall be known as Quarterly Selected 
Acquisition Reports. 
"(e) Information to be included under this subsection in a Quar-
terly Selected Acquisition Report with respect to a major defense 
acquisition program is as follows: 
"(1) The quantity of items to be purchased under the program. 
"(2) The program acquisition cost. 
"(3) The program acquisition unit cost. 
"(4) The current procurement cost for the program. 
"(5) The current procurement unit cost for the program. 
"(6) The reasons for any change in program acquisition cost, 
program acquisition unit cost, procurement cost, or procure-
ment unit cost or in program schedule from the previous 
Selected Acquisition Report. 
"(7) The major contracts under the program and the reasons 
for any cost or schedule variances under those contracts since 
the last Selected Acquisition Report. 
"(8) The completion status of the progrsmi (A) expressed as the 
percentage that the number of years for which funds have been 
appropriated for the program is of the number of years for 
which it is planned that funds will be appropriated for the 
program, and (B) expressed as the percentage that the amount 
of funds that have been appropriated for the program is of the 
total amount of funds which it is planned will be appropriated 
for the program. 
"(9) Program highlights since the last Selected Acquisition 
Report. 
"(f) Each comprehensive annual Selected Acquisition Report shall Submittal dates. 
be submitted within 30 days after the date on which the Presi-
dent transmits the Budget to C!ongress for the following fiscal year, 
and each Quarterly Selected Acquisition Report shall be submitted 
within 30 days after the end of the fiscal-year quarter. If a 
preliminary report is submitted for the comprehensive annual 
Selected Acquisition Report in any year, the final report shall be 
submitted within 15 days after the submission of the preliminary 
report. 
"§ 139b. Oversight of cost growth of major programs: unit cost lO USC I39b. 
reports 
"(a) In this section: 
Definitions. 
"(1) 'Major defense acquisition program', 'program acquisition 
unit cost', 'procurement unit cost, and 'major contract' have the 
same meanings as provided in section 139a(a) of this title. Ante, p. 739. 
"(2) 'Baseline Selected Acquisition Report', with respect to a 
unit cost report that is submitted under this section to the 
Secretary concerned on a major defense acquisition program, 
means the Selected Acquisition Report in which information on 
the program is first included or the comprehensive annual 
Selected Acquisition Report for the fiscal year immediately 
before the fiscal year containing the quarter with respect to 
which the unit cost report is submitted, whichever is later. 
96 STAT. 742 
PUBLIC LAW 97-252—SEPT. 8, 1982 
Unit cost report. 
Ante, p. 739. 
Information. 
"(3) 'Procurement program* means a program for which funds 
for procurement are authorized to be appropriated in a fiscal 
year. 
"(b) The program manager for a defense acquisition program that 
as of the end of a fiscal-year quarter is a major defense acquisition 
grogram (other than a program not required to be included in the 
elected Acquisition Report for that quarter under section 139a(bX3) 
of this title) shall, not more than 7 days after the end of that 
quarter, submit to the Secretary concerned a written report on the 
unit costs of the program. The program manager shall include in 
each such unit cost report the following information with respect to 
the program (as of the last day of the quarter for which the report is 
made): 
"(1) The program acquisition unit cost. 
"(2) In the case of a procurement program, the procurement 
unit cost. 
"(3) Any cost variance or schedule variance in a major con-
tract under the program since the baseline Selected Acquisition 
Report was submitted. 
(4) Any changes from program schedule milestones or pro-
gram performances reflected in the baseline Selected Acquisi-
tion Report that sire known, expected, or anticipated by the 
program manager. 
"(cXD If the program manager of a major defense acquisition 
program for which a unit cost report has previously been submitted 
under subsection (b) determines at any time during a fiscal-year 
quarter that there is reasonable cause to believe— 
"(A) that the program acquisition unit cost for the program 
has increased by more than 15 percent over the program acqui-
sition unit cost for the program as shown in the baseline 
Selected Acquisition Report; 
"(B) in the case of a major defense acquisition program that is 
a procurement program, that the current procurement unit cost 
for the program has increased by more than 15 percent over the 
procurement unit cost for the program as reflected in the 
baseline Selected Acquisition Report; or 
"(C) that cost variances or schedule variances of a major 
contract under the program have resulted in an increase in the 
cost of the contract of at least 15 percent over the cost of the 
contract as of the time the contract was made; 
and if a unit cost report indicating an increase of such percentage or 
more has not previously been submitted to the Secretary concerned 
during the current fiscal year (other than the unit cost report under 
subsection (b) for the last quarter of the preceding fiscal year), then 
the program msmager shall immediately submit to the Secretary 
concerned a unit cost report containing the information, determined 
as of the date of the report, required under subsection (b). 
"(2) If in any fiscal year the program manager for a major defense 
acquisition program has submitted to the Secretary concerned a 
unit cost report (other than the unit cost report under subsection (b) 
for the last quarter of the preceding fiscal year) indicating an 
increase of 15 percent or more in a category described in clauses (A) 
through (C) of paragraph (1) and subsequently determines that there 
is reasonable cause to believe— 
"(A) that the current program acquisition unit cost of the 
program has increased by more than 5 percent over the current 
program acquisition unit cost as shown in the most recent 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 743 
report under this subsection or subsection (b) submitted to the 
Secretary concerned with respect to that program; 
"(B) in the case of a major defense acquisition program that is 
a procurement program, that the current procurement unit cost 
for the program has increased by more than 5 percent over the 
current procurement unit cost as shown in the most recent 
report under this subsection or subsection (b) submitted to the 
Secretary concerned with respect to that program; or 
"(C) that cost variances or schedule variances of a major 
contract under the program have resulted in an increase in the 
cost of the contract of at least 5 percent over the cost of the 
contract as shown in the most recent report under this subsec-
tion or subsection (b) submitted to the Secretary concerned with 
respect to that program; 
the program manager shall immediately submit to the Secretary 
concerned a unit cost report containing the information, determined 
as of the date of the report, required by subsection (b). 
"(dXD When a unit cost report is submitted to the Secretary 
concerned under this section with respect to a major defense acquisi-
tion program, the Secretary shall determine whether the current 
program acquisition unit cost for the program has increased by more 
than 15 percent, or by more than 25 percent, over the program 
acquisition unit cost for the program as shown in the baseline 
Selected Acquisition Report. 
"(2) When a unit cost report is submitted to the Secretary con-
cerned under this section with respect to a major defense acquisition 
program that is a procurement program, the Secretary concerned 
shall, in addition to the determination under paragraph (1), deter-
mine whether the current procurement unit cost for the program 
has increased by more than 15 percent, or by more than 25 percent, 
over the procurement unit cost for the program as reflected in the 
baseline Selected Acquisition Report. 
"(3) If the Secretary concerned determines (for the first time since 
the beginning of the current fiscal year) that the current program 
acquisition unit cost has increased by more than 15 percent, or by 
more than 25 percent, as determined under paragraph (1) or that the 
current procurement unit cost has increased by more than 15 
percent, or by more than 25 percent, as determined under para-
graph (2)— 
"(A) the Secretary shall notify Congress in writing of such 
determination and of the increase with respect to such program 
within 30 days after the date on which the unit cost report 
that is the basis for such determination was submitted to him 
and shall include in such notification the date on which the 
determination was made; and 
"(B) except as provided in subsection (e), additional funds may 
not be obligated in connection with such program— 
"(i) after the end of the 30-day period beginning on 
the day on which the Secretary makes such determination, 
in the case of a percentage increase of more than 15 but less 
than 25 percent; or 
"(ii) after the end of the 60-day period beginning on the 
day on which the Secretary makes such determination, in 
the case of a percentage increase of more than 25 percent. 
"(e)(1) The prohibition in subsection (dX3XB) on the obligation of 
funds for a major defense acquisition program does not apply in the 
case of a program to which it would otherwise apply in the case of a 
Report. 
Unit cost 
increase; 
notification to 
Congress. 
Obligated funds, 
prohibition. 
96 STAT. 744 
PUBLIC LAW 97-252—SEPT. 8, 1982 
determination of a 15 percent increase (as determined under subsec-
tion (d)) if the Secretary concerned submits to Congress, before the 
end of the 30-day period referred to in such subsection, a report 
containing the information described in subsection (g). 
"(2) The prohibition in subsection (dX3)(B) on the obligation of 
funds for a major defense acquisition program does not apply in the 
case of a program to which it would otherwise apply, in the case of a 
determination of a 25 percent increase (as determined under subsec-
tion (d))— 
"(A) if the increase was due to termination or cancellation of 
the acquisition program; or 
"(B) if the Secretary of Defense submits to Congress, before 
the end of the 60-day period referred to in such subsection— 
"(i) a written certification stating that— 
"(I) such acquisition program is essential to the 
national security; 
"(II) there are no alternatives to such acquisition 
program which will provide equal or greater military 
capability at less cost; 
'(III) the new estimates of the program acquisition 
unit cost or procurement unit cost are reasonable; and 
"(IV) the management structure for the acquisition 
program is adequate to manage and control program 
acquisition unit cost or procurement unit cost; and 
"(ii) if a report under paragraph (1) has been previously 
submitted to Congress with respect to such program for the 
current fiscal year but was based upon a different unit cost 
report from the program manager to the Secretary con-
cerned, a further 
report containing the 
information 
described in subsection (g), determined from the time of the 
previous report to the time of the current report. 
Waiver. 
"(3) The prohibition in subsection (dX3XB) on the obligation of 
funds for a major defense acquisition program shall cease to apply in 
the case of a program to which it would otherwise apply if, after 
such prohibition has taken effect, the Committees on Armed Serv-
ices of the Senate and House of Representatives waive the prohibi-
tion with respect to such program. 
"(f) Any determination of a percentage increase under this section 
shall include expected inflation. 
"(gXD Except as provided in paragraph (2), each report under 
subsection (e) with respect to a major defense acquisition program 
shall include the following: 
"(A) The name of the major defense acquisition program. 
"(B) The date of the preparation of the report. 
"(C) The program phase as of the date of the preparation of 
the report. 
"(D) The estimate of the program acquisition cost for the 
program as shown in the Selected Acquisition Report in which 
the program was first included, expressed in constant base-year 
dollars and in current dollars. 
"(E) The current program acquisition cost in constant base-
year dollars and in current dollars. 
"(F) A statement of the reasons for any increase in program 
acquisition unit cost or procurement unit cost. 
(G) The completion status of the program (i) expressed as the 
percentage that the number of years for which funds have been 
appropriated for the program is of the number of years for 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 745 
which it is planned that funds will be appropriated for the 
program, and (ii) expressed as the percentage that the amount 
of funds that have been appropriated for the program is of the 
total amount of funds which it is planned will be appropriated 
for the program. 
"(H) The fiscal year in which information on the program was 
first included in a Selected Acquisition Report (referred to in 
this paragraph as the 'base year') and the date of that Selected 
Acquisition Report in which information on the program was 
first included. 
"(I) The date of the baseline Selected Acquisition Report. 
"(J) The current change and the total change, in dollars and 
expressed as a percentage, in the program acquisition unit cost, 
stated both in constant base-year dollars and in current dollars. 
"(K) The current change and the total change, in dollars and 
expressed as a percentage, in the procurement unit cost, stated 
both in constant base-year dollars and in current dollars. 
"(L) The quantity of end items to be acquired under the 
program and the current change and total change, if any, in 
that quantity. 
"(M) The identities of the military and civilian officers 
responsible for program management and cost control of the 
program. 
"(N) The action taken and proposed to be taken to control 
future cost growth of the program. 
"(O) Any changes made in the performance or schedule mile-
stones of the program and the extent to which such changes 
have contributed to the increase in program acquisition unit 
cost or procurement unit cost. 
"(P) The following contract performance assessment informa-
tion with respect to each major contract under the program: 
"(i) The name of the contractor. 
"(ii) The phase that the contract is in at the time of the 
preparation of the report. 
"(iii) The percentage of work under the contract that has 
been completed. 
"(iv) Any current change and the total change, in dollars 
and expressed as a percentage, in the contract cost. 
"(v) The percentage by which the contract is currently 
ahead of or behind schedule. 
"(vi) A narrative providing a summary explanation of the 
most significant occurrences, including cost and schedule 
variances under major contracts of the program, contribut-
ing to the changes identified and a discussion of the effect 
these occurrences will have on future program costs and 
the program schedule. 
"(2) If a program acquisition unit cost increase or a procurment 
unit cost increase for a major defense acquisition program that 
results in a report under this subsection is due to termination or 
cancellation of the entire program, only the information specified in 
clauses (A) through (F) of paragraph (1) and the percentage change 
in program acquisition unit cost or procurement unit cost that 
resulted in the report need be included in the report.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 139 the 
following new items: 
Contract 
performance 
assessment 
information. 
Report 
exclusions. 
10 use 139. 
96 STAT. 746 
PUBLIC LAW 97-252—SEPT. 8, 1982 
Repeal. 
Effective dates. 
10 u s e 139a 
note. 
Ante, pp. 739, 
741. 
"139a. Oversight of cost growth in major programs: Selected Acquisition Reports. 
"139b. Oversight of cost growth in major programs: unit cost reports.". 
(b) Section 811 of the Department of Defense Appropriation 
Authorization Act, 1976 (10 U.S.C. 139 note), is repealed. 
(c) Sections 139a and 139b of title 10, United States Code, as added 
by subsection (a), shall take effect on January 1, 1983, and shall 
apply beginning with respect to reports for the first quarter of fiscal 
year 1983. The repeal made by subsection (b) shall take effect on 
January 1,1983. 
Report to 
congressional 
committees. 
Personnel data. 
OVERSIGHT OF DEFENSE EXPENDITURES 
SEC. 1108. (a) Concurrent with the submission of the budget to 
Congress for fiscal year 1984, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report concerning the strength requested in such 
budget for civilian personnel for the Defense Contract Audit 
Agency, the Defense Audit Service, and the Defense Criminal Inves-
tigative Service. Such report shall state the number of such person-
nel at the end of fiscal year 1982, the number at the time the report 
is submitted, and the number requested in that budget and shall 
include a justification for the number requested. The report shall 
also include the opinion of the Secretary of Defense on whether the 
number requested is sufficient for those agencies to accomplish their 
functions with respect to the reduction of waste, fraud, and abuse in 
defense expenditures during the next fiscal year, particularly in 
light of any increases (in real terms) in the levels of appropriations 
requested in that budget for operations, procurement of new equip-
ment, and for research, development, test, and evaluation. 
(b) The Secretary shall include in the report under subsection (a) 
information 
concerning the savings in defense 
expenditures 
achieved by the Defense Contract Audit Agency, the Defense Audit 
Service, and the Defense Criminal Investigative Service during 
fiscal year 1982, including a statement for each agency of the 
amount of such cost savings achieved as a percentage of the number 
of dollars spent by such agency during such year. 
10 u s e 2392 
note. 
Contract 
provisions. 
CONTINUATION OF TEST PROGRAM TO AUTHORIZE PRICE DIFFERENTIAL 
TO RELIEVE ECONOMIC DISLOCATIONS 
SEC. 1109. (a) The Secretary of Defense should conduct a test 
program during fiscal year 1983 in accordance with this subsection 
to test the effect of exempting certain contracts of the Department 
of Defense from the provisions of section 2892 of title 10, United 
States Code, and paying a price differential under such contracts for 
the purpose of relieving economic dislocations. Under such test 
program, the Secretary of Defense may exempt from the provisions 
of such section any contract (other than a contract for the purchase 
of fuel) made by the Defense Logistics Agency during fiscal year 
1983 if the contract is to be awarded to an individual or firm located 
in a Labor Surplus Area (as defined and identified by the Depart-
ment of Labor) and if the Secretary determines— 
(1) that the awarding of such contract will not adversely affect 
the national security of the United States; 
(2) that there is a reasonable expectation that bids will be 
received from a sufficient number of responsible bidders so that 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 747 
the award of such contract will be made at reasonable cost to 
the United States; 
(3) that the price differential to be paid under such contract 
will not exceed 2.2 percent; and 
(4) the value of such contract, when added to the cumulative 
value of all other contracts awarded under the test program 
authorized by this section, will not exceed $4,000,000,000. 
(b) Not later than April 15, 1983, the President shall submit a 
Report to 
report to Congress on the implementation and results to that date of Congress. 
the test program authorized by subsection (a). The report shall 
include an assessment of the costs and benefits of the test program. 
PROHIBITION AGAINST CONSOLIDATING FUNCTIONS OF THE MILITARY 
TRANSPORTATION COMMANDS 
SEC. 1110. None of the funds appropriated pursuant to an authori- 
lO USC 133 note. 
zation of appropriations in this or any other Act may be used for the 
purpose of consolidating any of the functions being performed on the 
date of the enactment of this Act by the Military Traffic Manage-
ment Command of the Army, the Military Sealift Command of the 
Navy, or the Military Airlift Command of the Air Force with any 
function being performed on such date by either or both of the other 
commands. 
PROHIBITION REGARDING CONTRACTS FOR THE PERFORMANCE OF 
FIREFIGHTING AND SECURITY FUNCTIONS 
SEC. 1111. None of the funds appropriated pursuant to an authori-
zation contained in this Act may be obligated or expended to enter 
into any contract for the performance of firefighting functions or 
security-guard functions at any military installation or facility, 
except when such funds are for the express purpose of providing for 
the renewal of contracts in effect on the date of the enactment of 
this Act. 
MODIFICATION OF REPORTS ON CONVERSION OF COMMERCIAL AND 
INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR PERFORMANCE 
SEC. 1112. (a) Section 502 of the Department of Defense Authoriza-
tion Act, 1981 (10 U.S.C. 2304 note), is amended— 
(1) by striking out "Department of Defense personnel" each 
time it appears and inserting in lieu thereof "Department of 
Defense civilian employees"; and 
(2) by striking out subsection (d) and inserting in lieu thereof 
the following: 
"(d) Except as provided in subsection (a)(1), subsections (a) through 
(c) shall not apply to a commercial or industrial type function of the 
Department of Defense that is being performed by 10 or fewer 
Department of Defense civilian employees. 
"(e) In no case may any commercial or industrial type function 
being performed by Department of Defense personnel be modified, 
reorganized, divided, or in any way changed for the purpose of 
exempting from the requirements of subsection (a)(2) the conversion 
of all or any part of such function to performance by a private 
contractor. 
96 STAT. 748 
PUBLIC LAW 97-252—SEPT. 8, 1982 
Effective date. 
10 u s e 2304 
note. 
"(0 The provisions of this section shall not apply during war or a 
period of national emergency declared by the President or the 
Congress.". 
(b) The amendments made by subsection (a) shall take effect on 
October 1, 1982. 
50 u s e app. 453. 
Registration 
requirements. 
Statements of 
compliance 
verification 
methods. 
Regulations. 
Hearing. 
Effective date. 
50 u s e app. 462 
note. 
20 u s e 1070. 
ENFORCEMENT OF MILITARY SELECTIVE SERVICE ACT 
SEC. 1113. (a) Section 12 of the Military Selective Service Act (50 
U.S.C. App. 462) is amended by adding after subsection (e) the 
following new subsection: 
"(f)(1) Any person who is required under section 3 to present 
himself for and submit to registration under such section and fails 
to do so in accordance with any proclamation issued under such 
section, or in accordance with any rule or regulation issued under 
such section, shall be ineligible for any form of assistance or benefit 
provided under title IV of the Higher Education Act of 1965. 
"(2) In order to receive any grant, loan, or work assistance under 
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 
a person who is required under section 3 to present himself for and 
submit to registration under such section shall file with the institu-
tion of higher education which the person intends to attend, or is 
attending, a statement of compliance with section 3 and regulations 
issued thereunder. 
"(3) The Secretary of Education, in agreement with the Director, 
shall prescribe methods for verifying such statements of compliance 
filed pursuant to paragraph (2). Such methods may include requir-
ing institutions of higher education to provide a list to the Secretary 
of Education or to the Director of persons who have submitted such 
statements of compliance. 
"(4) The Secretary of Education, in consultation with the Director, 
shall issue regulations to implement the requirements of this sub-
section. Such regulations shall provide that any person to whom the 
Secretary of Education proposes to deny assistance or benefits under 
title IV for failure to meet the registration requirements of section 3 
and regulations issued thereunder shall be given notice of the 
proposed denial and shall have a suitable period (of not less than 
thirty days) after such notice to provide the Secretary with informa-
tion and materials establishing that he has complied with the 
registration requirement under section 3. Such regulations shall 
also provide that the Secretary may afford such person an opportu-
nity for a hearing to establish his compliance or for any other 
purpose.". 
(b) The amendment made by subsection (a) shall apply to loans, 
grants, or work assistance under title IV of the Higher Education 
Act for periods of instruction beginning after June 30, 1983. 
MILITARY RECRUITING INFORMATION 
10 use 503 note. 
SEC. 1114. (a) The Congress finds that in order for Congress to 
carry out effectively its constitutional authority to raise and support 
armies, it is essential— 
(1) that the Secretary of Defense obtain and compile directory 
information pertaining to students enrolled in secondary 
schools throughout the United States; and 
(2) that such directory information be used only for military 
recruiting purposes and be retained in the case of each person 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 749 
with respect to whom such information is obtained and com-
piled for a limited period of time. 
(bXD Section 503 of title 10, United States Code, is amended— 
(A) by inserting "(a)" before "The Secretary"; and 
(B) by adding at the end thereof the following new subsection: 
"(b)(1) The Secretary of Defense may collect and compile directory 
information pertaining to each student who is 17 years of 
age or older or in the eleventh grade (or its equivalent) or higher 
and who is enrolled in a secondary school in the United States or its 
territories, possessions, or the Commonwealth of Puerto Rico. 
"(2) The Secretary may make directory information collected and 
compiled under this subsection available to the armed forces for 
military recruiting purposes. Such information may not be disclosed 
for any other purpose. 
"(3) Directory information pertaining to any person may not be 
maintained for more than 3 years after the date the information 
pertaining to such person is first collected and compiled under this 
subsection. 
"(4) Directory information collected and compiled under this sub-
section shall be confidential, and a person who has had access to 
such information may not disclose such information except for the 
purposes described in paragraph (2). 
"(5) The Secretary of Defense shall prescribe regulations to carry 
out this subsection. Regulations prescribed under this subsection 
shall be submitted to the Committees on Armed Services of the 
Senate and House of Representatives. Regulations prescribed by the 
Secretaries concerned to carry out this subsection shall be as uni-
form as practicable. 
"(6) Nothing in this subsection shall be construed as requiring, or 
authorizing the Secretary of Defense to require, that any educa-
tional institution furnish directory information to the Secretary. 
"(7) In this subsection, 'directory information' means, with respect 
to a student, the student's name, address, telephone listing, date and 
place of birth, level of education, degrees received, and the most 
recent previous educational agency or institution attended by the 
student.". 
(2) The heading for such section is amended to read as follows: 
"§ 503. Enlistments: recruiting campaigns; compilation of directory 
information". 
(3) The item relating to such section in the table of sections at the 
beginning of chapter 31 of such title is amended to read as follows: 
"503. Enlistments: recruiting campaigns; compilation of directory information.". 
(cXD Chapter 31 of title 10, United States Code, is amended by 
adding at the end thereof the following new section: 
"§ 520a. Criminal history information for military recruiting pur-
poses 
"(a) Each State and each unit of general local government of a 
State is requested to make available, upon request, to the Secretary 
concerned any criminal history information maintained by or avail-
able to such State or unit of general local government which per-
tains to any person who, within 90 days before the date on 
which such information w£is requested (1) has applied for enlistment 
in the armed forces, or (2) has applied, in connection with such 
person's application for enlistment, for participation in a program of 
Regulations. 
Submittal to 
congressional 
committees. 
"Directory 
information." 
10 u s e 520a. 
96 STAT. 750 
PUBLIC LAW 97-252—SEPT. 8, 1982 
"Criminal 
history 
information." 
Regulations. 
Submittal to 
congressional 
committees. 
the armed forces which requires a determination of the trustworthi-
ness of persons who participate in such program. 
"(b) In this section, 'criminal history information* means the 
following information with respect to any juvenile or adult arrest, 
citation, or conviction of any person referred to in subsection (a): 
"(1) The offense involved. 
"(2) The age of the person with respect to whom such informa-
tion pertains. 
"(3) The dates of the arrest, citation, and conviction, if any. 
"(4) The place the offense was alleged to have been commit-
ted, the place of the arrest, and the court to which the case was 
assigned. 
"(5) The disposition of the case. 
"(c) Criminal history information received under this section shall 
be confidential, and a person who has had access to any information 
received under this section may not disclose such information except 
to facilitate military recruiting. 
"(d) The Secretaries concerned shall prescribe regulations, which 
shall be as uniform as practicable, to carry out this section. Regula-
tions prescribed under this section shall be submitted to the 
Committees on Armed Services of the Senate and House of Repre-
sentatives.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"520a. Criminal history information for military recruiting purposes.". 
Effective date. 
10 u s e 511 note. 
ACTIVE DUTY FOR TRAINING OF PERSONS ENUSTING IN A RESERVE 
COMPONENT OF THE ARMED FORCES 
SEC. 1115. (a) The second sentence of section 511(d) of title 10, 
United States Code, is amended by striking out "180 days" and 
inserting in lieu thereof "270 days". 
(b) The amendment made by this section shall be effective with 
respect to persons enlisting in a reserve component of the Armed 
Forces after the end of the ninety-day period beginning on the date 
of the enactment of this Act. 
TEMPORARY INCREASE I N N U M B E R OF NAVY OFFICERS THAT MAY SERVE 
IN THE GRADE OF VICE ADMIRAL 
10 use 525 note. 
SEC. 1116. During fiscal year 1983, the number of officers of the 
Navy authorized under section 525(bX2) of title 10, United States 
Code, to be on active duty in grades above rear admiral is increased 
by three. None of the additional officers in grades above rear 
admiral authorized by this section may be in the grade of admiral. 
DEPARTMENT OF DEFENSE OFFICE OF INSPECTOR GENERAL 
SEC. 1117. (a) The Inspector General Act of 1978 (Public Law 95-
5 use app. 
452) is amended— 
(1) bv inserting "the Department of Defense," after "Com-
merce, in section 2(1); 
(2) by redesignating subparagraphs (C) through (M) of section 
9(aXl) as subparagraphs (D) through (N), respectively; 
(3) by inserting after subparagraph (B) of section 9(aXl) the 
following new subparagraph: 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 751 
"(C) of the Department of Defense, the offices of that 
department referred to as the 'Defense Audit Service' and 
the 'Office of Inspector General, Defense Logistics Agency', 
and that portion of the office of that department referred to 
as the 'Defense Investigative Service' which has responsibil-
ity for the investigation of alleged criminal violations;"; 
(4) by inserting "Defense," after "Commerce," in section 11(1); 
and 
(5) by inserting "Defense," after "Commerce," in section 11(2). 
(b) Section 8 of the Inspector General Act of 1978 is amended to 
read as follows: 
5 u s e app. 
5 u s e app. 
5 u s e app. 
Audits, 
investigations, 
or subpoenas. 
ADDITIONAL PROVISIONS WITH RESPECT TO THE INSPECTOR GENERAL 
OF THE DEPARTMENT OF DEFENSE 
"SEC. 8. (a) No member of the Armed Forces, active or reserve, 5 use app. 
shall be appointed Inspector General of the Department of Defense. 
"(b)(1) Notwithstanding the last two sentences of section 3(a), the 
Inspector General shall be under the authority, direction, and 
control of the Secretary of Defense with respect to audits or investi-
gations, or the issuance of subpoenas, which require access to infor-
mation concerning— 
"(A) sensitive operational plans; 
"(B) intelligence matters; 
"(C) counterintelligence matters; 
"(D) ongoing criminal investigations by other administrative 
units of the Department of Defense related to national security; 
or 
"(E) other matters the disclosure of which would constitute a 
serious threat to national security. 
"(2) With respect to the information described in paragraph (1) the 
Secretary of Defense may prohibit the Inspector General from initi-
ating, carrying out, or completing any audit or investigation, or 
from issuing any subpoena, after the Inspector General has decided 
to initiate, carry out or complete such audit or investigation or to 
issue such subpoena, if the Secretary determines that such prohibi-
tion is necessary to preserve the national security interests of the 
United States. 
"(3) If the Secretary of Defense exercises any power under para-
graph (1) or (2), the Inspector General shall submit a statement 
concerning such exercise within thirty days to the Committees on 
Armed Services and Governmental Affairs of the Senate and the 
Committees on Armed Services and Government Operations of the 
House of Representatives and to other appropriate committees or 
subcommittees of the Congress. 
"(4) The Secretary shall, within thirty days after submission of a 
statement under paragraph (3), transmit a statement of the reasons 
for the exercise of power under paragraph (1) or (2) to the Commit-
tees on Armed Services and Governmental Affairs of the Senate and 
the Committees on Armed Services and Government Operations of 
the House of Representatives and to other appropriate committees 
or subcommittees. 
"(c) In addition to the other duties and responsibilities specified in 
this A,"t, the Inspector General of the Department of Defense shall— 
"(1) be the principal adviser to the Secretary of Defense for 
matters relating to the prevention and detection of fraud, waste, 
and abuse in the programs and operations of the Department; 
Submittal to 
congressional 
committees. 
Statement of 
reasons; 
transmittal to 
congressional 
committees. 
Duties and 
responsibilities. 
96 STAT. 752 
PUBLIC LAW 97-252—SEPT. 8, 1982 
Violations. 
5 u s e app. 
10 u s e 801 et 
seq. 
5 u s e app. 
5 u s e app. 
Report to 
congressional 
committees. 
Report to 
congressional 
committees. 
5 u s e app. 
"(2) initiate, conduct, and supervise such audits and investiga-
tions in the Department of Defense (including the military 
departments) as the Inspector General considers appropriate; 
(3) provide policy direction for audits and investigations 
relating to fraud, waste, and abuse and program effectiveness; 
"(4) investigate fraud, waste, and abuse uncovered as a result 
of other contract and internal audits, as the Inspector General 
considers appropriate; 
"(5) develop policy, monitor and evaluate program perform-
ance, and provide guidance with respect to all Department 
activities relating to criminal investigation programs; 
"(6) monitor and evaluate the adherence of Department audi-
tors to internal audit, contract audit, and internal review prin-
ciples, policies, and procedures; 
"(7) develop policy, evaluate program performance, and moni-
tor actions taken by all components of the Department in 
response to contract audits, internal audits, internal review 
reports, and audits conducted by the Comptroller General of the 
United States; 
"(8) request assistance as needed from other audit, inspection, 
and investigative units of the Department of Defense (including 
military departments); and 
"(9) give particular regard to the activities of the internal 
audit, inspection, and investigative units of the military depart-
ments with a view toward avoiding duplication and insuring 
effective coordination and cooperation. 
"(d) Notwithstanding section 4(d), the Inspector General of the 
Department of Defense shall expeditiously report suspected or 
alleged violations of chapter 47 of title 10, United States Code 
(Uniform Code of Military Justice), to the Secretary of the military 
department concerned or the Secretary of Defense. 
(e) For the purposes of section 7, a member of the Armed Forces 
shall be deemed to be an employee of the Department of Defense. 
"(fKD Each semiannual report prepared by the Inspector General 
of the Department of Defense under section 5(a) shall include infor-
mation concerning the numbers and types of contract audits con-
ducted by the Department during the reporting period. Each such 
report shall be transmitted by the Secretary of Defense to the 
C!ommittees on Armed Services and Governmental Affairs of the 
Senate and the Committees on Armed Services and Government 
Operations of the House of Representatives and to other appropriate 
committees or subcommittees of the Congress. 
"(2) Any report required to be transmitted by the Secretary of 
Defense to the appropriate committees or subcommittees of the 
Congress under section 5(d) shall also be transmitted, within the 
seven-day period specified in such section, to the Committees on 
Armed Services and Governmental Affairs of the Senate and the 
Committees on Armed Services and Government Operations of the 
House of Representatives. 
"(g) The provisions of section 1385 of title 18, United States Code, 
shall not apply to audits and investigations conducted by, under the 
direction of, or at the request of the Inspector General of the 
Department of Defense to carry out the purposes of this Act.", 
(c) Section 5 of such Act is amended by adding at the end thereof 
the following new subsection: 
"(eXD Nothing in this section shall be construed to authorize the 
public disclosure of information which is— 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 753 
"(A) specifically prohibited from disclosure by any other pro-
vision of law; 
"(B) specifically required by Executive order to be protected 
from disclosure in the interest of national defense or national 
security or in the conduct of foreign affairs; or 
"(C) a part of an ongoing criminal investigation. 
"(2) Notwithstanding paragraph (IXC), any report under this sec-
tion may be disclosed to the public in a form which includes 
information with respect to a part of an ongoing criminal investiga-
tion if such information has been included in a public record. 
"(3) Nothing in this section or in any other provision of this Act 
shall be construed to authorize or permit the withholding of infor-
mation from the Congress, or from any committee or subcommittee 
thereof.". 
(d) Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph: 
"Inspector General, Department of Defense.". 
(e) In addition to the positions transferred to the Office of the 
Inspector General of the Department of Defense, pursuant to the 
amendments made by subsection (a) of this section, the Secretary of 
Defense shall transfer to the Office of Inspector General of the 
Department of Defense not less than one hundred additional audit 
positions. The Inspector General of the Department of Defense shall 
fill such positions with persons trained to perform contract audits. 
Disclosure to 
public. 
Transfer of 
positions. 
5 u s e app. 
EXTENSION OF PERIOD FOR TRANSFER OF DEFENSE DEPENDENTS 
EDUCATION SYSTEM TO DEPARTMENT OF EDUCATION 
SEC. 1118. The first sentence of section 302(a) of the Department of 
Education Organization Act (20 U.S.C. 3442) is amended by striking 
out "three years after the effective date of this Act" and inserting in 
lieu thereof "May 4,1984". 
OPEN ENROLLMENT PERIOD FOR RESERVES UNDER THE SURVIVOR 
BENEFIT PLAN 
SEC. 1119. (a) Subsection (b) of section 212 of the Omnibus 
Budget Reconciliation Act of 1981 (Public Law 97-35; 95 Stat. 383) is 
amended by striking out the period at the end and inserting in lieu 
thereof ", in the case of a member or former member of the 
uniformed services who on August 13, 1981, was entitled to retired 
or retainer pay, and the period beginning on October 1, 1982, and 
ending on September 30, 1983, in the case of a member or former 
member who on August 13,1981, would have been entitled to retired 
pay under chapter 67 of title 10, United States Code, but for the fact 
that he weis under sixty years of age on that date.". 
(b) Subsection (eXD of such section is amended to read as follows: 
"(1) The term 'eligible member' means a member or former 
member of the uniformed services who on August 13, 1981 (A) 
was entitled to retired or retainer pay, or (B) would have been 
entitled to retired pay under chapter 67 of title 10, United 
States Code, but for the fact that he was under sixty years of 
age on that date.". 
10 u s e 1448 
note. 
10 u s e 1331 et 
seq. 
"Eligible 
members." 
96 STAT. 754 
PUBLIC LAW 97-252—SEPT. 8, 1982 
REPORT ON ALUED CONTRIBUTIONS TO THE COMMON DEFENSE 
SEC. 1120. Section 1006(c) of the Department of Defense Authoriza-
22 use 1928 
tion Act, 1981 (Public Law 96-342; 94 Stat. 1120), is amended— 
^°*®- 
(1) by inserting "(1)" after "(c)"; 
(2) by striking out "March 1, 1982" and inserting in lieu 
thereof "March 1.1983"; 
(3) by redesignating clauses (1) through (5) as clauses (A) 
through (E), respectively; 
(4) by inserting "and their impact on mutual defense efforts" 
before the semicolon at the end of clause (A) (as so redesig-
nated); 
(5) by striking out "fiscal year 1982" both places it appears 
and inserting in lieu thereof "fiscal year 1983"; 
(6) by striking out "and" at the end of clause (D) (as so 
redesignated); 
(7) by striking out the period at the end of clause (E) (as so 
redesignated) and inserting in lieu thereof a semicolon and 
"and"; and 
(8) by adding after clause (E) the following: 
"(F) a description of what additional actions the President 
plans to take should the efforts by the United States referred to 
in clauses (B) and (E) fail and, in those instances where such 
additional actions do not include consideration of the reposition-
ing of elements of the Armed Forces of the United States, a 
detailed explanation as to why such repositioning is not being so 
considered. 
Report to 
"(2) If the report required by paragraph (1) as submitted to 
Congress. 
Congress is designated as having been classified, pursuant to Execu-
tive order, as requiring protection against unauthorized disclosure 
in the interest of national defense or foreign policy, then not later 
than thirty days after the submission of such report the Secretary 
shall submit to Congress a further report containing all the informa-
tion in the initial report that does not require such protection.". 
REPORT ON STANDARDIZATION OF NATO WEAPONS 
SEC. 1121. Section 302(c) of the Department of Defense Appropri-
ation Authorization Act, 1975 (88 Stat. 402; 10 U.S.C. 2451 note), is 
amended by adding at the end thereof the following: "The Secretary 
shall also include in each such report— 
"(1) a description of each existing and planned program of the 
Department of Defense that supports the development or pro-
curement of a weapon system or other military equipment 
originally developed or procured by members of the North 
Atlantic Treaty Organization (NATO) other than the United 
States and for which funds have been authorized to be appropri-
ated for the fiscal year in which the report is submitted; 
"(2) a summary listing of the amount of funds appropriated 
for all such existing and planned programs for the fiscal year in 
which the report is submitted; and 
"(3) a summary listing of the amount of funds requested, or 
proposed to be requested, for all such programs for each of the 
2 fiscal years following the fiscal year for which the report is 
submitted. 
Such report shall also include a description of each weapon system 
or other military equipment originally developed or procured in the 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 755 
United States and that is being developed or procured by members 
of the North Atlantic Treaty Organization (NATO) other than the 
United States during the fiscal year for which the report is 
submitted.". 
NATO DEFENSE INDUSTRIAL COOPERATION 
SEC. 1122. (a) The Congress finds that— 
22 USC 1928 
(1) the United States remains firmly committed to cooperat- 
^°^' 
ing closely with its North Atlantic Treaty Organization (herein-
after in this section referred to as "NATO") allies in protecting 
liberty and maintaining world peace; 
(2) the financial burden of providing for the defense of West-
ern Europe and for the protection of the interests of NATO 
member countries in areas outside the NATO treaty area has 
reached such proportions that new cooperative approaches 
among the United States and its NATO allies are required to 
achieve and maintain an adequate collective defense at accept-
able costs; 
(3) the need for a credible conventional deterrent in Western 
Europe has long been recognized in theory but has never been 
fully addressed in practice; 
(4) a more equitable sharing by NATO member countries of 
both the burdens and the technological and economic benefits of 
the common defense would do much to reinvigorate the North 
Atlantic Treaty Organization alliance with a restored sense of 
unity and common purpose; 
(5) a decision to coordinate more effectively the enormous 
technological, industrial, and economic resources of NATO 
member countries will not only increase the efficiency and 
effectiveness of NATO military expenditures but also provide 
inducement for the Soviet Union to enter into a meaningful 
arms reduction agreement so that both Warsaw Pact countries 
and NATO member countries can devote more of their energies 
and resources to peaceful and economically more beneficial 
pursuits. 
(b) It is the sense of the Congress that the President should 
propose to the heads of government of the NATO member countries 
that the NATO allies of the United States join the United States in 
agreeing— 
(1) to coordinate more effectively their defense efforts and 
resources to create, at acceptable costs, a credible, collective, 
conventional force for the defense of the North Atlantic Treaty 
area; 
(2) to establish a cooperative defense-industrial effort within 
Western Europe and between Western Europe and North Amer-
ica that would increase the efficiency and effectiveness of 
NATO expenditures by providing a larger production base while 
eliminating 
unnecessary 
duplication 
of 
defense-industrial 
efforts; 
(3) to share more equitably and efficiently the financial 
burdens, as well as the economic benefits (including jobs, tech-
nology^ and trade) of NATO defense; and 
(4) to intensify consultations promptly for the early achieve-
ment of the objectives described in clauses (1) through (3). 
96 STAT. 756 
PUBLIC LAW 97-252—SEPT. 8, 1982 
Report to 
congressional 
committees. 
Report to 
congressional 
committees. 
STUDY OF IMPROVED CONTROL OF USE OF NUCLEAR WEAPONS 
SEC. 1123. (a) The Secretary of Defense shall conduct a full and 
complete study and evaluation of possible initiatives for improving 
the containment and control of the use of nuclear weapons, particu-
larly during crises. Such study and evaluation shall include consid-
eration of the following: 
(1) Establishment of a multi-national military crisis control 
center for monitoring and containing the use or potential use of 
nuclear weapons by third parties or terrorist groups. 
(2) Development of a forum through which the United States 
and the Soviet Union could exchange information pertaining to 
nuclear weapons that could potentially be used by third parties 
or terrorist groups. 
(3) Development of measures for building confidence between 
the United States and the Soviet Union for improved crisis 
stability and arms control, including— 
(A) an improved United States/Soviet Union communica-
tions hotline for crisis control; 
(B) improved procedures for verification of any arms 
control agreements; 
(C) measures to reduce the vulnerability of command, 
control, and communications of both nations; and 
(D) measures to lengthen the warning time each nation 
would have of potential nuclear attack. 
(b) The Secretary of Defense shall submit a report of the study and 
evaluation under subsection (a) to the Committees on Armed Serv-
ices and Foreign Relations of the Senate and the Committees on 
Armed Services and Foreign Affairs of the House of Representatives 
by February 1, 1983. Such report should be available in both a 
classified, if necessary, and unclassified format. 
(c) The President shall report to the Committees on Armed Serv-
ices and Foreign Relations of the Senate and the Committees on 
Armed Services and Foreign Affairs of the House of Representatives 
by March 1, 1983, on the merits to the arms control process of the 
initiatives developed under the study and evaluation required by 
subsection (a) and on the status of any such initiative as it may 
relate to any arms control negotiation with the Soviet Union. 
NEGOTIATIONS FOR BANNING OF CHEMICAL WEAPONS 
SEC. 1124. It is the sense of Congress that the President should— 
(1) continue to promote actively negotiations among the 
member countries of the Ad Hoc Working Group on Chemical 
Warfare of the Committee on Disarmament established by the 
United Nations General Assembly and meeting in Geneva, 
Switzerland for the purpose of drafting a treaty for the com-
plete, effective, and verifiable prohibition of the development, 
production, and stockpiling of all chemical weapons and for 
their destruction; 
(2) press vigorously in every appropriate forum for a full 
explanation of outstanding allegations concerning Soviet and 
Soviet-proxy use of chemical weapons in violation of interna-
tional law; and 
(3) communicate to the Government of the Union of Soviet 
Socialist Republics the earnest desire of the Government of the 
United States for a comprehensive, verifiable ban on chemical 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 757 
weaponry and the willingness of the Government of the United 
States to participate in negotiations toward this end as soon as 
the Government of the United States can be satisfied that the 
Soviet Union is not in violation of existing international accords 
appljdng to the prohibition of first use of chemical weapons and 
the production and transfer of biological weapons and that the 
Soviet Union is prepared to agree to provisions needed to ensure 
the verifiability of an accord banning chemical warfare. 
COOPERATIVE MIUTARY AIRUFT AGREEMENTS 
SEC. 1125. (a) Chapter 131 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
"§ 2213. Cooperative military airlift agreements 
lO use 2213. 
"(a) Subject to the availability of appropriations, and after consul-
tation with the Secretary of State, the Secretary of Defense may 
enter into cooperative military airlift agreements with the govern-
ment of any allied country for the transportation of the personnel 
and cargo of the military forces of that country on aircraft operated 
by or for the military forces of the United States in return for the 
reciprocal transportation of the personnel and cargo of the military 
forces of the United States on aircraft operated by or for the 
military forces of that allied country. Any such agreement shall 
include the following terms: 
"(1) The rate of reimbursement for transportation provided 
shall be the same for each party and shall be not less than the 
rate charged to military forces of the United States, as deter-
mined by the Secretary of Defense under section 2208(h) of this lo use 2208. 
title. 
"(2) Credits and liabilities accrued as a result of providing or 
receiving transportation shall be liquidated not less often than 
once every 3 months by direct payment to the country that 
has provided the greater amount of transportation. 
"(3) During peacetime, the only military airlift capacity that 
may be used to provide transportation is that capacity that (A) 
is not needed to meet the transportation requirements of the 
military forces of the country providing the transportation, and 
(B) was not created solely to accommodate the requirements of 
the military forces of the country receiving the transportation. 
"(4) Defense articles purchased by an allied country from the 
United States under the Arms Export Control Act (22 U.S.C. 
2751 et seq.) or from a commercial source under the export 
controls of the Arms Export Control Act may not be transported 
(for the purpose of delivery incident to the purchase of the 
defense articles) to the purchasing allied country on aircraft 
operated by or for the military forces of the United States 
except at a rate of reimbursement that is equal to the full cost 
of transportation of the defense articles, as required by section 
21(aX3) of the Arms Export Control Act (22 U.S.C. 2761(aX3)). 
"(b) Subject to the availability of appropriations, and after consul-
tation with the Secretary of State, the Secretary of Defense may 
enter into nonreciprocal military airlift agreements with North 
Atlantic Treaty Organization subsidiary bodies for the transporta-
tion of the personnel and cargo of such subsidiary bodies on aircraft 
operated by or for the military forces of the United States. Any such 
96 STAT. 758 
PUBLIC LAW 97-252—SEPT. 8, 1982 
10 u s e 2321 et 
seq. 
Definitions. 
10 u s e 2331. 
agreement shall be subject to such terms as the Secretary of Defense 
considers appropriate. 
"(c) Any amount received by the United States as a result of an 
agreement entered into under this section shall be credited to 
applicable appropriations, accounts, and funds of the Department of 
Defense. 
"(d) Notwithstanding chapter 138 of this title, the Secretary of 
Defense may enter into military airlift agreements with allied 
countries only under the authority of this section. 
"(e) In this section: 
"(1) 'Allied country' means any of the following: 
"(A) A country that is a member of the North Atlantic 
Treaty Organization. 
"(B) Australia or New Zealand. 
"(C) Any other country designated as an allied country 
for the purposes of this section by the Secretary of Defense 
with the concurrence of the Secretary of State. 
"(2) 'North Atlantic Treaty Organization subsidiary bodies' 
has the meaning given to it by section 2331 of this title.". 
(b) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2213. Cooperative military airlift agreements.". 
eontracts. 
95 Stat. 1591. 
Contract or 
agreement, 
funding. 
PURCHASE OF FOREIGN-MADE ADMINISTRATIVE MOTOR VEHICLES 
SEC. 1126. (a) The Secretary of a military department may, after 
the date of the enactment of this Act, enter into contracts for the 
purchase of administrative motor vehicles without regard to section 
783 ofPublic Law 97-114. 
(b) None of the funds appropriated pursuant to authorizations in 
this Act may be used by the Secretary of a military department to 
make a contract or agreement for the purchase of administrative 
motor vehicles that are manufactured outside the United States or 
Canada unless the contractor was selected through competitive 
bidding without a differential in favor of foreign manufacturers. 
This subsection does not apply to contracts for amounts less than 
$50,000 or to any contract or agreement in effect on the date of the 
enactment of this Act with the Federal Republic of Germany, the 
United Kingdom, or Italy, so long as the vehicles procured under 
such contract or agreement are standardized or interoperable with 
the vehicles of the host country. 
10 u s e 7309. 
Notification to 
Congress. 
RESTRICTION ON CONSTRUCTION OF NAVAL VESSELS IN FOREIGN 
SHIPYARDS 
SEC. 1127. (a) Chapter 633 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
"§ 7309. Restriction on construction of naval vessels in foreign 
shipyards 
"(a) Except as provided in subsection (b), no naval vessel, and no 
major component of the hull or superstructure of a naval vessel, 
may be constructed in a foreign shipyard. 
"(b) The President may authorize exceptions to the prohibition in 
subsection (a) when he determines that it is in the national security 
interest of the United States to do so. The President ihall transmit 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 759 
notice to Congress of any such determination, and no contract may 
be made pursuant to the exception authorized until the end of the 
30-day period beginning on the date the notice of such determination 
is received by Congress.". 
(b) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"7309. Restriction on construction of naved vessels in foreign shipyards.". 
PRIOR NOTIFICATION TO CONGRESS ON FOREIGN SOLE-SOURCE 
PROCUREMENTS 
SEC. 1128. Subject to the provisions of chapter 138 of title 10, 
United States Code (relating to North Atlantic Treaty Organization lo use 2321 et 
mutual support), none of the funds authorized to be appropriated in *^9-
this Act may be used to enter into a prime contract for the purchase 
of a major article of equipment essential to the national defense 
from a manufacturer outside the United States that makes the 
United States dependent on that manufacturer as a sole source 
unless the Secretary of Defense has notified the Committees on 
Armed Services and Appropriations of the Senate and House of 
Representatives, in writing, of such proposed contract. 
PURCHASE OF CHEMICAL WARFARE PROTECTIVE CLOTHING AND ITEMS 
CONTAINING SPECIALTY METALS FROM FOREIGN SOURCES 
SEC. 1129. Section 723 of the Department of Defense Appropri-
ations Act, 1982 (Public Law 97-114; 95 Stat. 1582) is amended by 
inserting after the first colon the following: "Provided, That nothing 
in this section shall preclude the procurement of specialty metals or 
chemical warfare protective clothing produced outside the United 
States or its possessions if such procurement is necessary to comply 
with agreements with foreign governments requiring the United 
States to purchase supplies from foreign sources for the purposes of 
offsetting sales made by the United States Government or United 
States firms under approved programs serving defense requirements 
or if such procurement is necessary in furtherance of the standardi-
zation and interoperability of equipment requirements within the 
North Atlantic Treaty Organization (NATO) so long as such sigree-
ments with foreign governments comply, where applicable, with the 
requirements of section 36 of the Arms Export Control Act (22 
U.S.C. 2776) and section 814 of the Department of Defense Appropri-
ation Authorization Act, 1976 (Public Law 94-106; 10 U.S.C. 2351 
note):". 
RECOGNITION OF NATIONAL GUARD AND RESERVE FORCES 
SEC. 1130. (a) The Congress finds that— 
38 use 2021 
(1) the National Guard and Reserve Forces of the United ^°^-
States are an integral part of the total force policy of the United 
States for national defense and need to be ready to respond, on 
short notice, to augment the active military forces in time of 
national emergency; 
(2) attracting and retaining sufficient numbers of qualified 
{)ersons to serve in the Guard and Reserve is a difficult chal-
enge during a period in which authority to induct persons for 
training and service in the Armed Forces is not provided by law; 
and 
97-200 O—84—pt. 1 
26 : QL3 
96 STAT. 760 
PUBLIC LAW 97-252—SEPT. 8, 1982 
38 u s e 2021 et 
seq. 
(3) the support of employers and supervisors in granting 
employees a leave of absence from their jobs to participate in 
military training without detriment to earned vacation time, 
promotions, and job benefits is essential to the maintenance of a 
strong Guard and Reserve force. 
GJXD It is, therefore, the sense of Congress that the citizen-
military volunteers who serve the Nation as members of the 
National Guard and Reserve require and deserve public recognition 
of the essential role they play in the national defense, and particu-
larly require and deserve the support and cooperation of their 
civilian employers, in order to be fully ready to respond to national 
emergencies. 
(2) The Congress recognizes, and requests all citizens to recognize, 
the vital need for a trained, ready National Guard and Reserve in 
the national defense posture of the United States and urges and 
requests employers and supervisors of employees who are members 
of the National Guard or Reserve to abide by the provisions of 
chapter 43 of title 38, United States Code, by granting a leave of 
absence for military training, exclusive of earned vacation, to 
employees who are members of the Guard and Reserve and by 
providing such employees equal consideration for job benefits and 
promotions as all other employees. 
Study and 
evaluation. 
Report to 
congressional 
committees. 
REPORT ON VISTA 1999 TASK FORCE REPORT 
SEC. 1131. (a) The Secretary of Defense shall conduct a full and 
complete study and evaluation of the report entitled "VISTA 1999, A 
Long-Range Look at the Future of the Army and Air National 
Guard" submitted by the Chairman of the VISTA 1999 task force to 
the Chief of the National Guard Bureau on March 8,1982. The study 
and evaluation shall include the following: 
(1) A detailed evaluation of the findings, conclusions, and 
recommendations of the "VISTA 1999" study. 
(2) The views of the Chief of the National Guard Bureau on 
the "VISTA 1999" study. 
(3) Any plans and recommendations for implementation of 
the recommendations of the "VISTA 1999" study. 
(b) The Secretary of Defense shall submit a report of the study and 
evaluation required by subsection (a) to the Committees on Armed 
Services of the Senate and House of Representatives no later than 
February 1,1983. 
MILITARY PERSONNEL CLAIM RESULTING FROM IRANIAN CRISIS 
SEC. 1132. (a) The head of the military department having jurisdic-
tion over Colonel Thomas E. Schaefer, United States Air Force, a 
member of the uniformed services who was held as a hostage in the 
Islamic Republic of Iran on or after November 4, 1979, and before 
January 22, 1981, may settle and pay an amount determined under 
subsection (b) for any claim against the United States made by such 
member for the loss of personal property in the Islamic Republic of 
Iran if the head of the military department determines that— 
(1) the loss resulted from acts of mob violence, terrorist 
attacks, or other hostile acts, directed against the United States 
Government or its officers or employees; 
(2) the loss was incurred on or after December 31, 1978, and 
before January 22,1981; 
PUBLIC LAW 97-252—SEPT. 8, 1982 
96 STAT. 7(31 
(3) the property was owned and possessed in the Islamic 
Republic of Iran by the claimant and the ownership and posses-
sion of such property was appropriate and reasonable consider-
ing the official representational duties and responsibilities of 
the claimant; and 
(4) the claimant had no reasonable opportunity to remove the 
property from the place where it was lost or could not reason-
ably have been expected to remove the property from such place 
before it was lost. 
(b) The amount payable under subsection (a) shall be equal to the 
lesser o
f
— 
(1) the excess (if any) of the full replacement cost of the lost 
personal property over the total amount of compensation for the 
loss available in such case under section 9 of the Military 
Personnel and Civilian Employees' Claims Act of 1964 (31 U.S.C. 
243a) and from all other sources; or 
(2) $75,000. 
(c) A claim may be allowed under this section if it is presented in 
writing within one year after the date of enactment of this Act. 
(d) The provisions of section 9 of the Military Personnel and 
Civilian Employees' Claims Act of 1964 (31 U.S.C. 243a) that are not 
inconsistent with any provision of this section shall apply in the 
administration of this section. 
(e) For the purposes of this section, the terms "agency", "uni- Definitions, 
formed services", "settle", and "military department" have the 
same meanings provided in section 2 of the Military Personnel and 
Civilian Employees' Claims Act of 1964 (31 U.S.C. 240). 
USE OF CERTAIN GIFTS TO THE UNITED STATES MILITARY ACADEMY 
SEC. 1133. (a) Under regulations prescribed by the Secretary of the lO use 4334 
Army, the Superintendent of the United States Military Academy "°*®-
may (without regard to section 2601 of title 10, United States Code) 
accept, hold, administer, invest, and spend any gift, devise, or 
bequest of personal property of a value of $20,000 or less made to the 
United States on the condition that such gift, devise, or bequest be 
used for the benefit of the United States Military Academy or any 
entity thereof. The Secretary of the Army may pay or authorize the 
payment of all reasonable and necessary expenses in connection 
with the conveyance or transfer of a gift, devise, or bequest under 
this section. 
(b) This section applies with respect to any gift, devise, or bequest 
made on or after the date of the enactment of this Act for the 
purpose described in subsection (a) and applies to any such gift, 
devise, or bequest, or devise made before the date of the enactment 
of this Act with respect to which the Secretary of the Army has 
approved application of this section rather than section 2601 of title 
10, United States Code. 
DESIGNATION OF ESTONIA, LATVIA, AND LITHUANIA ON DEFENSE MAPS 
SEC. 1134. None of the funds appropriated pursuant to an authori-
zation of appropriations in this Act may be used to prepare, produce 
or purchase any map showing the Union of Soviet Socialist Repub-
lics that does not— 
(1) show the geographic boundaries of Estonia, Latvia, and 
Lithuania and designate those areas by those names; 
96 STAT. 762 
PUBLIC LAW 97-252—SEPT. 8, 1982 
(2) include the designation "Soviet Occupied" in parenthesis 
under each of those names; and 
(3) include in close proximity to the area of the Baltic coun-
tries the following statement: "The United States Government 
does not recognize the incorporation of Estonia, Latvia, and 
Lithuania into the Soviet Union". 
Approved September 8, 1982. 
LEGISLATIVE HISTORY—S. 2248 (H.R. 6030): 
HOUSE REPORTS: No. 97-482 accompanying H.R. 6030 (Comm. on Armed Services) 
and No. 97-749 (Comm. of Conference). 
SENATE REPORT No. 97-330 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
May 3-6, 11-13, considered and passed Senate. 
July 19-22, 27-29, H.R. 6030, considered and passed House; S. 2248, amended, 
passed in lieu. 
Aug. 17, Senate agreed to conference report. 
Aug. 18, House agreed to conference report.