text:
Page:United States Statutes at Large Volume 97.djvu/687

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 655 which he is a member, except that during such year only one commissioned officer of the Armed Forces occupying the position of Director of Central Intelligence or Deputy Director of Central Intel- ligence as provided for in section 102 of the National Security Act of 1947 (50 U.S.C. 403) or the position of Director of the Intelligence Community Staff may be exempt from such numbers and percent- ages at any one time. PERFORMANCE OF CIVIL FUNCTIONS BY MILITARY OFFICERS SEC. 1002. (a) Section 973 of title 10, United States Code, is amended by striking out subsection (b) and inserting in lieu thereof the following: "(b)(1) This subsection applies— "(A) to a regular officer of an armed force on the active-duty list (and a regular officer of the Coast Guard on the active duty promotion list); "(B) to a retired regular officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 180 days; and "(C) to a reserve officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 180 days. "(2)(A) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold, or exercise the functions of, a civil office in the Government of the United States— "(i) that is an elective office; "(ii) that requires an appointment by the President by and with the advice and consent of the Senate; or "(iii) that is a position in the Executive Schedule under sections 5312 through 5317 of title 5. i^9%M "(B) An officer to whom this subsection applies may hold or ^^^^^"^^ • exercise the functions of a civil office in the Government of the United States that is not described in subparagraph (A) when assigned or detailed to that office or to perform those functions. "(3) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold or exercise, by election or appointment, the functions of a civil office in the government of a State, the District of Columbia, or a territory, possession, or com- monwealth of the United States (or of any political subdivision of any such government). "(4) Nothing in this subsection shall be construed to invalidate any action undertaken by an officer in furtherance of assigned official duties. "(c) The Secretary of Defense, and the Secretary of Transportation Regulations, with respect to the Coast Guard when it is not operating in the Navy, shall prescribe regulations to implement this section.". (b) Nothing in section 973(b) of title 10, United States Code, as in lo usc 973 note. effect before the date of the enactment of this Act, shall be construed— (1) to invalidate any action undertaken by an officer of an Armed Force in furtherance of assigned official duties; or (2) to have terminated the military appointment of an officer of an Armed Force by reason of the acceptance of a civil office, or the exercise of its functions, by that officer in furtherance of assigned official duties.

�


text:
Page:United States Statutes at Large Volume 97.djvu/688

 97 STAT. 656 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 973 note. (c) Nothing in section 973(b)(3) of title 10, United States Code, as added by subsection (a), shall preclude a Reserve officer to whom such section applies from holding or exercising the functions of an office described in such section for the term to which the Reserve officer was elected or appointed if, before the date of the enactment of this Act, the Reserve officer accepted appointment or election to that office in accordance with the laws and regulations in effect at the time of such appointment or election. (d) The Act entitled "An Act to grant the consent of the United States to the Red River Compact among the States of Arkansas, Louisiana, Oklahoma, and Texas", approved December 22, 1980 (94 Stat. 3305), is amended by adding at the end thereof the following new section: "SEC. 5. (a) The President may appoint a regular officer of the Army, Navy, Air Force, or Marine Corps who is serving on active duty as the Federal Commissioner of the Commission. "(b) Notwithstanding the provisions of section 973(b) of title 10, Ante, p. 655. United States Code, acceptance by a regular officer of the Army, Navy, Air Force, or Marine Corps of an appointment as the Federal Commissioner of the Commission, or the exercise of the functions of Federal Commissioner and chairman of the Commission, by such officer shall not terminate or otherwise affect such officer's appoint- ment as a military officer.". MODIFICATIONS TO RESERVE OFFICERS* TRAINING CORPS SCHOLARSHIP PROGRAM SEC. 1003. (a)(1) Section 2101(3) of title 10, United States Code, is amended by striking out the period and inserting in lieu thereof "(except that, in the case of a student enrolled in an academic program which has been approved by the Secretary of the military department concerned and which requires more than four academic years for completion of baccalaureate degree requirements, includ- ing elective requirements of the Senior Reserve Officers' Training Corps course, such term includes a fifth academic year or a combina- tion of a part of a fifth academic year and summer sessions).". 10 USC 2104. (2) Section 2104(a) of such title is amended by inserting "at least" before "two". 10 USC 2107. (3) Section 2107(c) of such title is amended by inserting after the first sentence the following new sentence: "In the CEise of a student enrolled in an academic program which has been approved by the Secretary of the military department concerned and which requires more than four academic years for completion of baccalaureate degree requirements, including elective requirements of the Senior Reserve Officers' Training Corps course, financial assistance under this section may also be provided during a fifth academic year or during a combination of a part of a fifth academic year and summer sessions.". (4) Section 209(a) of title 37, United States Code, is amended by striking out "20" and inserting in lieu thereof "30". (b)(1) Section 2005 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(f) The Secretary concerned shall require, as a condition to the Secretary providing financial assistance under section 2107 or 2107a 10 USC 2107, of this title to any person, that such person enter into an agreement 2107a. described in subsection (a). In addition to the requirements of

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 97.djvu/689

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 657 10 USC 2107, 2107a. 10 USC 2005 note. clauses (1) through (4) of such subsection, any agreement required by this subsection shall provide— "(1) that if such person fails to complete the education re- quirements specified in the agreement, the Secretary will have the option to order such person to reimburse the United States in the manner provided for in clause (3) of such subsection without the Secretary first ordering such person to active duty as provided for under clause (2) of such subsection and sections 2107(f) and 2107a(f) of this title; and "(2) that any amount owed by such person to the United Stat^ under such agreement shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of ninety days or less and shall accrue from the day on which the member is first notified of the amount due to the United States as a reimbursement under this section. ". (2) The amendment made by paragraph (1) shall apply with respect to agreements entered into after September 30, 1983. (c)(1) Section 2107(b)(5) of title 10, United States Code, is amended— (A) by striking out "either" in the matter preceding subpara- graph (A)(ii); (B) by striking out "or" at the end of subparagraph (A); (C) by striking out the period at the end and inserting in lieu thereof "; or"; and (D) by adding at the end the following: "(C)(i) accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be; and "(ii) serve in a reserve component of that armed force until the sixth anniversary of the receipt of such appointment, unless such appointment is otherwise extended by subsection (d) of section 2108 of this title, under such terms and conditions as lo usc 2108 may be prescribed by the Secretary of the military department concerned.". (2) The second sentence of section 2107(b) of such title is (A) by inserting "or (5)(C)" after "(5)(B)"; and (B) by striking out the period at the end and inserting in lieu thereof ", except that performance of service under clause (5)(C) shall include not less than two years of active duty.". (3) The amendments made by this subsection shall apply with respect to agreements entered into under section 2107(b)(5) of title 10, United States Code, after September 30, 1983. 10 USC 2107 note. SELECTION OF PERSONS FROM FOREIGN COUNTRIES TO RECEIVE INSTRUCTION AT THE SERVICE ACADEMIES SEC. 1004. (a)(1) Section 4344 of title 10, United States Code, is amended to read as follows: "§ 4344. Selection of persons from foreign countries "(a)(1) The Secretary of the Army may permit not more than 40 persons at any one time from foreign countries to receive instruction at the Academy. Such persons shall be in addition to the authorized

�


text:
Page:United States Statutes at Large Volume 97.djvu/690

 97 STAT. 658 PUBLIC LAW 98-94—SEPT. 24, 1983 Pay, allowances, and emolu- ments. Reimbursement ofU.S. strength of the Corps of the Cadets of the Academy under section 10 USC 4342. 4342 of this title. "(2) The Secretary of the Army, upon approval by the Secretary of Defense, shall determine the countries from which persons may be selected for appointment under this section and the number of persons that may be selected from each country. The Secretary of the Army may establish entrance qualifications and methods of competition for selection among individual applicants under this section and shall select those persons who will be permitted to receive instruction at the Academy under this section. "(b)(1) A person receiving instruction under this section is entitled to the pay, allowances, and emoluments of a cadet appointed from the United States, and from the same appropriations. "(2) Each foreign country from which a cadet is permitted to receive instruction at the Academy under this section shall reim- burse the United States for the cost of providing such instruction, including the cost of pay, allowances, and emoluments provided under paragraph (1) unless a written waiver of reimbursement is granted by the Secretary of Defense. The Secretary of the Army shall prescribe the rates for reimbursement under this paragraph. "(c)(1) Except as the Secretary of the Army determines, a person receiving instruction under this section is subject to the same regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation as a cadet at the Academy appointed from the United States. The Secretary may prescribe regulations with respect to access to classified information by a person receiving instruction under this section that differ from the regulations that apply to a cadet at the Academy appointed from the United States. "(2) A person receiving instruction under this section is not entitled to an appointment in an armed force of the United States by reason of graduation from the Academy. "(d) A person receiving instruction under this section is not subject to section 4346(d) of this title.". (2) Section 4345 of such title is repealed. (3) The table of sections at the beginning of chapter 403 of such title is amended by striking out the items relating to sections 4344 and 4345 and inserting in lieu thereof the following: "4344. Selection of persons from foreign countries.". (b)(1) Section 6957 of title 10, United States Code, is amended to read as follows: "§ 6957. Selection of persons from foreign countries "(a)(1) The Secretary of the Navy may permit not more than 40 persons at any one time from foreign countries to receive instruction at the Academy. Such persons shall be in addition to the authorized 10 USC 6954. strength of the midshipmen under section 6954 of this title. "(2) The Secretary of the Navy, upon approval by the Secretary of Defense, shall determine the countries from which persons may be selected for appointment under this section and the number of persons that may be selected from each country. The Secretary of the Navy may establish entrance qualifications and methods of competition for selection among individual applicants under this section and shall select those persons who will be permitted to receive instruction at the Academy under this section. 10 USC 4346. Repeal. 10 USC 4345.

�


text:
Page:United States Statutes at Large Volume 97.djvu/691

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 659 "(b)(1) A person receiving instruction under this section is entitled to the pay, allowances, and emoluments of a midshipman appointed from the United States, and from the same appropriations. "(2) Each foreign country from which a midshipman is permitted to receive instruction at the Academy under this section shall reimburse the United. States for the cost of providing such instruc- tion, including the cost of pay, allowances, and emoluments provided under paragraph (1) unless a written waiver of reimbursement is granted by the Secretary of Defense. The Secretary of the Navy shall prescribe the rates for reimbursement under this paragraph. "(c)(1) Except as the Secretary of the Navy determines, a person receiving instruction under this section is subject to the same regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation as a midshipman at the Acad- emy appointed from the United States. The Secretary may prescribe regulations with respect to access to classified information by a person receiving instruction under this section that differ from the regulations that apply to a midshipman at the Academy appointed from the United States. "(2) A person receiving instruction under this section is not entitled to an appointment in an armed force of the United States by reason of graduation from the Academy.". (2) The item relating to section 6957 in the table of sections at the beginning of chapter 603 of such title is amended to read as follows: "6957. Selection of persons from foreign countries.". (c)(1) Section 9344 of title 10, United States Code, is amended to read as follows: "§ 9344. Selection of persons from foreign countries "(a)(1) The Secretary of the Air Force may permit not more than 40 persons at any one time from foreign countries to receive instruc- tion at the Academy. Such persons shall be in addition to the authorized strength of the Air Force Cadets of the Academy under section 9342 of this title. "(2) The Secretary of the Air Force, upon approval by the Secretary of Defense, shall determine the countries from which persons may be selected for appointment under this section and the number of persons that may be selected from each country. The Secretary of the Air Force may establish entrance qualifications and methoas of competition for selection among individual applicants under this section and shall select those persons who will be permitted to receive instruction at the Academy under this section. "(b)(1) A person receiving instruction under this section is entitled to the pay, allowances, and emoluments of a cadet appointed from the United States, and from the same appropriations. "(2) Each foreign country from which a cadet is permitted to receive instruction at the Academy under this section shall reim- burse the United States for the cost of providing such instruction, including the cost of pay, allowances, and emoluments provided under paragraph (1) unless a written waiver of reimbursement is granted by the Secretary of Defense. The Secretary of the Air Force shall prescribe the rates for reimbursement under this paragraph. "(c)(1) Except as the Secretary of the Air Force determines, a person receiving instruction under this section is subject to the same regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation as a cadet at the Academy Pay, allowances, and emolu- ments. Reimbursement ofU.S. 10 USC 9342. Pay, allowances;, and emolu- ments. Reimbursement ofU.S.

�


text:
Page:United States Statutes at Large Volume 97.djvu/692

 97 STAT. 660 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 9346. Repeal. 10 USC 9345. 10 USC 4344 note. Effective date. appointed from the United States. The Secretary may prescribe regulations with respect to access to classified information by a person receiving instruction under this section that differ from the regulations that apply to a cadet at the Academy appointed from the United States. "(2) A person receiving instruction under this section is not entitled to an appointment in an armed force of the United States by reason of graduation from the Academy. "(d) A person receiving instruction under this section is not subject to section 9346(d) of this title.". (2) Section 9345 of such title is repealed. (3) The table of sections at the beginning of chapter 903 of such title is amended by striking out the items relating to sections 9344 and 9345 and inserting in lieu thereof the following: "9344. Selection of persons from foreign countries.". (d)(1) Sections 4344(b)(2), 695703)(2), and 934403)(2) of title 10, United States Code, as added by this section, do not apply to the cost of providing instruction to a person who, before the effective date of this section, entered the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy under section 4344, 4345, 6957, 9344, or 9345 of such title, as in effect on the day before such date. Any such person shall be counted against the maximum of 40 persons who may attend the Academy concerned at any time under any of those sections. (2) The amendments made by subsections (a), (b), and (c) shall take effect one year after the date of the enactment of this Act and shall apply to each person entering the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy after that effective date. NOMINATIONS TO SERVICE ACADEMIES FROM GUAM AND FORMER CANAL ZONE AREA SEC. 1005. (a)(1) Clause (10) of section 4342(a) of title 10, United States Code, is amended to read as follows: "(10) One cadet from American Samoa, nominated by the Delegate in Congress from American Samoa.". 10 USC 6954. (2) Clause (10) of section 6954(a) of such title is amended to read as follows: "(10) One from American Samoa, nominated by the Delegate in Congress from American Samoa.". 10 USC 9342. (3) Clause (10) of section 9342(a) of such title, is amended to read as follows: "(10) One cadet from American Samoa, nominated by the Delegate in Congress from American Samoa.". (b)(1) Clause (8) of section 4342(a) of title 10, United States Code, is amended to read as follows: "(8) One cadet nominated by the Administrator of the Panama Canal Commission from the children of civilian person- nel of the United States Government residing in the Republic of Panama who are citizens of the United States.". 10 USC 6954. (2) Clause (8) of section 6954(a) of such title is amended to read as follows: "(8) One nominated by the Administrator of the Panama Canal Commission from the children of civilian personnel of the

�


text:
Page:United States Statutes at Large Volume 97.djvu/693

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 661 United States residing in the Republic of Panama who are citizens of the United States.". (3) Clause (8) of section 9342(a) of such title is amended to read as follows: "(8) One cadet nominated by the Administrator of the Panama Canal Commission from the children of civilian person- nel of the United States Government residing in the Republic of Panama who are citizens of the United States.". 10 USC 9342. APPOINTMENT OF CITIZENS OF NORTHERN MARIANA ISLANDS AS COMMISSIONED OFFICERS SEC. 1006. (a) Notwithstanding any provision of law respecting citizenship and in accordance with the covenant entitled "A Cov- enant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America" (approved on March 24, 1976, by Public Law 94-241), a citizen of the Northern Mariana Islands who indicates in writing to a commis- sioned officer of the Armed Forces of the United States an intent to become a citizen, and not a national, of the United States upon full implementation of such covenant, and who is otherwise qualified for military service under applicable laws and regulations, may be appointed as an officer in the Armed Forces of the United States, may be appointed or enrolled in the Senior Reserve Officers' Train- ing Corps program of any of the Armed Forces under chapter 103 of title 10, United States Code, and may be selected to be a participant in the Armed Forces Health Professions Scholarship program under chapter 105 of such title. (b) This section shall expire upon the establishment of the Com- monwealth of the Northern Mariana Islands. 10 USC 532 note. 48 USC 1681 note. 10 USC 2101 et seq. 10 USC 2120 et seq. Expiration date. TRANSFER OF PUBLIC HEALTH SERVICE OFFICERS TO OTHER UNIFORMED SERVICES SEC. 1007. (a)(1) Section 716 of title 10, United States Code, is amended to read as follows: "§ 716. Commissioned ofncers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service "(a) Notwithstanding any other provision of law, the President, within authorized strengths and with the consent of the officer involved, may transfer any commissioned officer of a uniformed service from his uniformed service to, and appoint him in, another uniformed service. The Secretary of Defense, the Secretary of Trans- portation, the Secretary of Commerce, and the Secretary of Health and Human Services shall jointly establish, by regulations approved by the President, policies and procedures for such transfers and appointments. "(b) An officer transferred under this section may not be assigned precedence or relative rank higher than that which he held on the day before the transfer. (c) In this section, 'uniformed service' means any of the armed forces, the Commissioned Corps of the National Oceanic and Atmos- pheric Administration, or the Commissioned Corps of the Public Health Service.". "Uniformed service."

�


text:
Page:United States Statutes at Large Volume 97.djvu/694

 97 STAT. 662 PUBLIC LAW 98-94—SEPT. 24, 1983 (2) The item relating to such section in the table of sections at the beginning of chapter 41 of such title is amended to read as follows: "716. Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service. ". (b)(l) Chapter 53 of such title is amended by adding at the end thereof the following new section: 10 USC 1043. "§ 1043. Service credit: service in the National Oceanic and Atmos- pheric Administration or the Public Health Service "Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active commissioned service in the armed forces for purposes of determining the retirement eligibility and computing the retired pay of a member of the armed forces.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1043. Service credit: service in the National Oceanic and Atomospheric Administra- tion or the Public Health Service.". 10 USC 533. (c)(l) Section 533(a)(l) of such title is amended by inserting ", the National Oceanic and Atmospheric Administration, or the Public Health Service" after "in any armed force". 10 USC 1174. (2) Section 1174(i) of such title is amended— (A) by inserting "(1)" after "(i)"; and (B) by adding at the end thereof the following new par^aph: "(2) Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active service in the armed forces for the purposes of this section. ". 10 USC 3353. (3) Section 3353(a)(l) of such title is amended— (A) by striking out "chapters 337 and 363" and inserting in lieu thereof "this chapter and chapter 363"; and (B) by inserting ", the National Oceanic and Atmospheric Administration, or the Public Health Service" after "in any 10 USC 5600. (4) Section 5606(a)(l) of such title is amended by inserting ", the National Oceanic and Atmospheric Administration, or the Public Health Service" after "in any armed force". 10 USC 8353. (5) Section 8353(a)(l) of such title is amended— (A) by striking out "chapters 837 and 863" and inserting in lieu thereof "this chapter and chapter 863"; and (B) by inserting ", the National Oceanic and Atmospheric Administration, or the Public Health Service" after "in any (d) Clause (13) of section 3(a) of the Act of August 10, 1956 (33 U.S.C. 857a(a)), is amended to read as follows: Ante, p. 661. "(13) Section 716, Commissioned officers: transfers among the Armed Forces, the National Oceanic and Atmospheric Adminis- tration, and the Public Health Service.".

�


text:
Page:United States Statutes at Large Volume 97.djvu/695

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 663 PART B—RESERVE COMPONENT MANAGEMENT 37 USC 308g. Refund. BONUSES FOR ENUSTMENTS, REENUSTMENTS, AND VOLUNTARY EXTEN- SIONS OF SERVICE IN ELEMENTS OF THE READY RESERVE OTHER THAN THE SELECTED RESERVE SEC. ion. (a) Chapter 5 of tit!e 37, United States Code, is amended by inserting after section 308f the following new sections: "§ 308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve "(a) An eligible person who enlists in a combat or combat support skill of an element (other than the Selected Reserve) of the Ready Reserve of an armed force for a term of enlistment of not less than six years, and who has not previously served in an armed force, may be paid a bonus as provided in subsection (b) of this section. "(b) Eligibility for and the amount and method of payment of a bonus under this section shall be determined in accordance with regulations prescribed under subsection (g) of this section, except that the amount of such a bonus may not exceed $1,000. "(c) A bonus may not be paid under this section for a term of enlistment to any person who fails to complete satisfactorily initial active duty for training or who, upon completion of initial active duty for training, elects to serve the remainder of the term of enlistment in the Selected Reserve or in an active component of an armed force. "(d) A person who receives a bonus payment under this section and who fails during the period for which the bonus was paid to serve satisfactorily in the element of the Ready Reserve with respect to which the bonus was paid shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid to such person as the period which such person failed to serve satisfactorily bears to the total period for which the bonus was paid. "(e) An obligation to reimburse the United States imposed under subsection (d) of this section is, for all purposes, a debt owed to the United States. "(f) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an enlistment for which a bonus was paid under this section does not discharge the person receiving such bonus payment from the debt arising under subsec- tion (d) of this section. This subsection applies to any case com- menced under title 11 after the date of the enactment of the Department of Defense Authorization Act, 1984. " (g) This section shall be administered under regulations pre- scribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when it is not operating as a service in the Navy. "(h) A bonus may not be paid under this section to any person for Restriction. an enlistment after September 30, 1985. "§ 308h. Special pay: bonus for reenlistment, enlistment, or volun- 37 USC 308h. tary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve "(a)(1) An eligible person who is or has been a member of an armed force and who reenlists, enlists, or voluntarily extends an enlistment in a combat or combat support skill of an element (other than the Selected Reserve) of the Ready Reserve of an armed force 11 USC 101 et seq. Ante, p. 614. Regulations.

�


text:
Page:United States Statutes at Large Volume 97.djvu/696

 97 STAT. 664 PUBLIC LAW 98-94—SEPT. 24, 1983 Refund. 11 USC 101 et seq. Ante, p. 614. Regulations. Repeal. 37 USC 308d. Effective date. 37 USC 308g note. for a period of not less than three years beyond any other period the person is obligated to serve may be paid a bonus as provided in subsection (b) of this section. "(2) A bonus may not be paid under this section to a person who has failed to complete satisfactorily any original term of enlistment in the armed forces. "(b) Eligibility for and the amount and method of payment of a bonus under this section shall be determined under regulations to be prescribed under subsection (f) of this section, except that the amount of such a bonus may not exceed $900. "(c) A person who receives a bonus payment under this section and who fails during the period for which the bonus was paid to serve satisfactorily in the Ready Reserve shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid to such person as the period which such person failed to serve satisfactorily bears to the total period for which the bonus was paid. "(d) An obligation to reimburse the United States imposed under subsection (c) of this section is, for all purposes, a debt owed to the United States. "(e) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a reenlistment, enlistment, or extension for which a bonus was paid under this section does not discharge the person receiving such bonus payment from the debt arising under subsection (c) of this section. This subsection applies to any case commenced under title 11 after the date of the enactment of the Department of Defense Authorization Act, 1984. "(f) This section shall be administered under regulations to be prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when it is not operating as a service in the Navy. "(g) A bonus may not be paid under this section to any person for a reenlistment, enlistment, or voluntary extension of an enlistment after September 30, 1985.". (b)(1) Section 308d of such title is repealed. (2) The table of sections at the beginning of such chapter is amended— (A) by striking out the item relating to item 308d; and (B) by inserting after the item relating to section 308f the following new items: "308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve. "308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of en- listment in elements of the Ready Reserve other than the Selected Reserve.". (c) The amendments made by subsections (a) and (b) shall take effect on October 1, 1983. (d) During fiscal year 1984, not more than $12,000,000 may be expended to carry out sections 308g and 308h of title 37, United States Code (as added by subsection (a)). EXTENSION OF MEDICAL AND DENTAL CARE FOR RESERVISTS SEC. 1012. (a)(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1074 the following new section:

�


text:
Page:United States Statutes at Large Volume 97.djvu/697

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 665 services for injuries incurred or aggravated while traveling to and from inactive duty training "(a) Under joint regulations prescribed by the Secretary of De- fense and the Secretary of Health and Human Services, a member of the uniformed services is entitled to the benefits described in subsec- tion (b) for an injury incurred or aggravated while the member is traveling directly to or from the place at which he is to perform, or has performed, inactive duty training, unless the injury is incurred or aggrevated as the result of the member's own gross negligence or misconduct. "(b) A person described in subsection (a) is entitled to— "(1) the medical and dental care appropriate for the treat- ment of his injury until the resulting disability cannot be materially improved by further hospitalization or treatment; and "(2) subsistence during hospitalization. ". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074 the following new item: "1074a. Medical and dental care for members of the uniformed services for injuries incurred or aggravated while traveling to and from inactive duty training.". (b) Section 204 of title 37, United States Code, is amended by adding at the end thereof the following new subsection: "(j) A member of the uniformed services who is entitled to medical or dental care under section 1074a of title 10 is entitled to travel and transportation allowances, or a monetary allowance in place thereof, for necessary travel incident to such care, and return to his home upon discharge from treatment.". (c) The amendments made by subsections (a) and (b) shall apply ^^^fjap®, ^74* only in cases of injuries incurred or aggravated on or after the date note of the enactment of this Act. TEST PROGRAM ON LIMITED USE OF COMMISSARY STORES BY MEMBERS OF THE SELECTED RESERVE SEC. 1013. (a) The Secretary of Defense shall carry out in one or more areas of the United States a test program under which mem- bers of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces will be permitted to usc commissary stores of the Department of Defense a number of days each year equal to the number of days the member performs active duty for training as a member of the Selected Reserve. Under any such test program, a member of the Selected Reserve shall be permitted a period of one year, from the date on which the member performs active duty for training, to usc a day of eligibility for using commis- sary stores. (b) The Secretary of Defense shall report the results of the test program to the Congress no later than September 30, 1984, together with such comments and recommendations as he determines appropriate. Report to Cong ress.
 * § 1074a. Medical and dental care for members of the uniformed lo usc i074a.

�


text:
Page:United States Statutes at Large Volume 97.djvu/698

 97 STAT. 666 PUBLIC LAW 98-94—SEPT. 24, 1983 GRADE DETERMINATION FOR PERSONS RECEIVING ORIGINAL APPOINT- MENTS AS RESERVE MEDICAL OFFICERS OF THE ARMY OR AIR FORCE SEC. 1014. (a) Section 3359 of title 10, United States Code, is amended— (1) by striking out all that precedes clause (1) and inserting in lieu thereof the following: "(a) Except as provided in subsection (b), the commissioned grade in which a person credited with service under section 3353 of this 10 USC 3353. title is originally appointed as a reserve officer of the Army (based on the service credited under that section) shall be determined as follows:"; and (2) by adding at the end thereof the following new subsection: "(b) In the case of a person who is originally appointed as a reserve officer in the Medical Corps of the Army during the period beginning on October 1, 1983, and ending on September 30, 1985, and who is credited with service under section 3353 of this title, the commissioned grade in which that person is appointed (based on the service credited under that section) shall be determined as follows: "(1) For persons with at leeist four, but less than 14, years of service—captain. "(2) For persons with at least 14, but less than 21, years of service—major. "(3) For persons with at least 21 years of service—lieutenant colonel. "(4) For persons with at least 23 years of service—lieutenant colonel or colonel, as the Secretary of the Army determines.". (b) Section 8359 of title 10, United States Code, is amended— (1) by striking out all that precedes clause (1) and inserting in lieu thereof the following: "(a) Except as provided in subsection (b), the commissioned grade in which a person credited with service under section 8353 of this 10 USC 8353. title is originally appointed as a reserve officer of the Air Force with a designation as a medical officer (based on the service credited under that section) shall be determined as follows:"; and (2) by adding at the end thereof the following new subsection: "(b) In the case of a person who is originally appointed as a reserve officer of the Air Force with a designation as a medical officer during the period beginning on October 1, 1983, and ending on September 30, 1985, and who is credited with service under section 8353 of this title, the commissioned grade in which that person is appointed (based on the service credited under that sec- tion) shall be determined as follows: "(1) For persons with at least four, but less than 14, years of service—captain. "(2) For persons with at least 14, but less than 21, years of service—major. "(3) For persons with at least 21 years of service—lieutenant colonel. "(4) For persons with at least 23 years of service—lieutenant colonel or colonel, as the Secretary of the Air Force deter- mines.". 10 USC 3359 (c) Reserve officers in the Medical Corps of the Army and Reserve '^ote- officers of the Air Force designated as medical officers who have at least four years of commissioned service and who on the date of the enactment of this Act have a reserve grade below the grade of

�


text:
Page:United States Statutes at Large Volume 97.djvu/699

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 667 10 USC 523. 10 USC 524. captain shall be eligible for immediate promotion to the grade of captain if otherwise qualified. PROMOTION OF CERTAIN RESERVE COBfMISSIONED OFFICERS SERVING ON ACTIVE DUTY SEC. 1015. (a)(1) Section 3380 of title 10, United States Code, is amended to read as follows: sioned officers on active duty and not on the active duty list "(a) Notwithstanding any other provision of law, a reserve com- Regulations. missioned officer on active duty for duty described in clause dXB), dXC), or (7) of section 523(b) of this title who is recommended by a selection board for promotion to, or found qualified for Federal recognition in, a higher reserve grade may, in accordance with regulations prescribed by the Secretary of Defense and subject to the limitations of section 524 of this title, be promoted to or extended Federal recognition in such higher reserve grade and may continue to serve on active duty, or be ordered to serve on active duty, in such higher reserve grade. (b) Notwithstanding any other provision of law, the service in grade for promotion purposes only of any reserve commissioned officer who is promoted to or extended Federal recognition in a higher reserve grade but whose promotion to or recognition in such higher reserve grade was delayed solely because of limitations imposed in accordance with regulations prescribed by the Secretary of Defense under subsection (a) or contained in section 524 of th& title, is the date such officer would have been promoted to or recognized in such higher reserve grade if the limitations did not exist. In computing service in grade for the purposes of determining the date for discharge or transfer to the Retired Reserve under chapter 363 of this title, the date the officer would have been promoted to or recognized in such higher grade had the limitations not existed shall be considered the date of promotion to or recogni- tion in such higher grade. "(c) Regulations prescribed by the Secretary of Defense under subsection (a) shall prohibit the promotion of an officer under the authority of that subsection unless the duty assignment of the officer requires a higher grade than the grade currently held by the officer. "(d) The authority to promote officers under this section shall Expiration date expire on September 30, 1985.". (2) The item relating to section 3380 in the table of sections at the beginning of chapter 337 of such title is amended to read as follows: "3380. Commissioned officers: promotion of reserve commissioned officers on active duty and not on the active duty list.". (b)(1) Section 8380 of title 10, United States Code, is amended to read as follows: "§8380. Commissioned officers: promotion of reserve commis- sioned officers on active duty and not on the active duty list "(a) Notwithstanding any other provision of law, a reserve com- Regulations. missioned officer on active duty for duty described in clause (I)(B), (I)(C), or (7) of section 523(b) of this title who is recommended by a lo usc 523. 10 USC 3843 et seq.
 * §3380. Commissioned officers: promotion of reserve commis-

�


text:
Page:Dictionary of National Biography volume 62.djvu/294

 Picton of Picton Castle in Pembrokeshire, which property was therefore added to his previous estate of Wiston. His offspring by her is variously given by different genealogists. Dwnn mentions three sons, viz. William, from whom the Wogans of Wiston were subsequently descended; John, whose descendants lived at Picton; and Thomas, who settled at Milton, all in Pembrokeshire. Wogan is said to have had by a second marriage another son, named Harry, who married Margaret, heiress of Wilcock Dyer of Boulston, and became the founder of that branch of the family which in time absorbed the Milton estate (, Glamorganshire Pedigrees, p. 41).

According to another pedigree of Wogan's descendants, said to have been compiled in 1840 by Sir William Beetham, Ulster king-at-arms, his children are said to have settled in Ireland. Thomas, who is described as the eldest son, is said to have succeeded his father as justiciary of Ireland, but on failure of his issue the second son John became the head of the family and the founder of the Wogans of Rathcoffey in Ireland. The original grant of Rathcoffey to John de Wogan on 27 Aug. 1317 is found in the Exchequer Roll (9 Edward II, No. 1200). The names of the other children in this pedigree are Walter (described as escheator of Ireland), Bartholomow, Jane, and Eleanor. In spite of this discrepancy there is no doubt that both the Wogans of Rathcoffey and the Pembrokeshire families of that name were descended from Wogan the justiciary, but perhaps they represent the offspring of different wives.

[Lewis Dwnn gives pedigrees showing the ancestors and descendants of Sir John Wogan, in his Heraldic Visitations of Wales, i. 42, 90, 106, 108 (correcting an erroneous pedigree on p. 107) and 229, especially footnote, ii. 55. The chief source of information as to Wogan's administration in Ireland is the Calendars of Documents relating to Ireland, vols. for 1293–1301, and 1302–7. The numerous documents here calendared are also summarised (and other information added) in an article on the Wogans of Rathcoffey by the Rev. Denis Murphy, printed in the Proc. of the Royal Soc. of Antiquaries of Ireland (1890–1), 5th ser. i. 119 et seq. (cf. p. 716), and in Mémoire historique et généalogique sur la Famille de Wogan … par le Comte Alph. O'Kelly de Galway (Paris, 1896). There are other documents summarised in the Cal. of the Carew MSS. (Book of Howth), pp. 125–7 (cf. p. 146). See also Cox's Hibernia Anglicana (1689), pp. 85–92; Foss's Lives of the Judges; Fenton's Pembrokeshire, pp. 233, 235, 278, 321; Archæologia Cambrensis, 2nd ser. v. 33, 39, 5th ser. xv. 225–37.]

WOGAN, THOMAS (fl. 1646–1666), regicide, was a member of the Wogan family of Pembrokeshire. He was elected as a recruiter to represent the borough of Cardigan in the Long parliament on 24 Aug. 1646. He is said to have served in the parliamentary army as captain of dragoons, though probably this is a confusion with Edward Wogan [q. v.] On 23 Jan. 1647 he presented to a committee of the House of Lords a petition from the town of Cardigan for the establishment of a free school there. At the end of March 1648 he received the leave of the House of Commons to go to Wales to endeavour to restore peace in Pembrokeshire and the adjoining counties. He then served under Colonel Thomas Horton [q. v.], and in June he was voted the sum of 300l. as part of the arrears due to him.

Wogan was one of the king's judges. He was present at the trial on 18, 22, 23, and 26 Jan. 1649, and was in Westminster Hall on the 29th when sentence was pronounced. He signed the death-warrant. In April 1652 lands belonging to the Commonwealth of England were settled upon Wogan and his heirs in satisfaction of all arrears. He sat in the restored Rump parliament of 1659. At the Restoration he was summoned to trial with other regicides, and on 9 June 1660 was excepted from the Act of Oblivion. He surrendered on 27 June, and, although not within the prescribed period for doing so, his surrender was accepted, and he was one of the nineteen included in the saving clause of suspension from execution in case of attainder till the passing of a future act. His forfeited lands at Wiston, near Haverfordwest, were granted to Robert Werden [q. v.] in August 1662. On 27 July 1664 he was stated to have escaped from York Tower, and a proclamation was issued for his arrest. The last reference that has been discovered to him is dated September 1666, when he is spoken of as ‘at Utrecht, plotting’ (Cal. State Papers, Dom. 1666–7, p. 156).

[Noble's Lives of the Regicides, p. 337; Official List of M.P.'s, i. 498; Hist. MSS. Comm. 6th Rep. p. 154; Nalson's Trial of Charles I, passim; Commons' Journal, v. 86, 230, 519, 566, 608, vi. 156, 568, vii. 119, 129, viii. 61, 75, 139; Cal. of State Papers, Dom. 1651; Notes and Queries, 2nd ser. iii. 25; Masson's Milton, iii. 720, v. 454, vi. 28, 44, 49, 54, 94, 45 n.]

WOGAN, WILLIAM (1678–1758), religious writer, born in 1678 at Gumfreston, Pembrokeshire, was a younger son of Ethelred Wogan, rector of Gumfreston and vicar of Penally. The father, who was instituted to


text:
Page:United States Statutes at Large Volume 97.djvu/700

 97 STAT. 668 PUBLIC LAW 98-94—SEPT. 24, 1983 selection board for promotion to, or found qualified for Federal recognition in, a higher reserve grade may, in accordance with regulations prescribed by the Secretary of Defense and subject to the 10 USC 524. limitations of section 524 of this title, be promoted to or extended Federal recognition in such higher reserve grade and may continue to serve on active duty, or be ordered to serve on active duty, in such higher reserve grade. "(b) Notwithstanding any other provision of law, the service in grade for promotion purposes only of any reserve commissioned officer who is promoted to or extended Federal recognition in a higher reserve grade but whose promotion to or recognition in such higher reserve grade was delayed solely because of limitations imposed in accordance with regulations prescribed by the Secretary of Defense under subsection (a) or contained in section 524 of this title, is the date such officer would have been promoted to or recognized in such higher reserve grade if the limitations did not exist. In computing service in grade for the purposes of determining the date for discharge or transfer to the Retired Reserve under 10 USC 8843 e^ chapter 863 of this title, the date the officer would have been promoted to or recognized in such higher grade had the limitations not existed shall be considered the date of promotion to or recogni- tion in such higher grade. "(c) Regulations prescribed by the Secretary of Defense under subsection (a) shall prohibit the promotion of an officer under the authority of that subsection unless the duty assignment of the officer requires a higher grade than the grade currently held by the officer. Expiration date. "(d) The authority to promote officers under this section shall expire on September 30, 1985.". (2) The item relating to section 8380 in the table of sections at the beginning of chapter 837 of such title is amended to read as follows: "8380. Commissioned officers: promotion of reserve commissioned officers on active duty Emd not on the active duty list.". 10 USC 3360. 10 USC 8853. Effective date. 10 USC 3360 note. COMPUTATION OF YEARS OF SERVICE FOR MANDATORY TRANSFER OF CERTAIN RESERVISTS TO THE RETIRED RESERVE SEC. 1016. (a) Section 3853 of title 10, United States Code, is amended— (1) in clause (1)— (A) by inserting "and" at the end of subclause (A); and (B) by striking out the comma and "and" at the end of subclause (B) and all that follows through "Public Law 85-861"; and (2) by striking out the last sentence. (b) Sections 3360(b) and 3360(c) of such title are each amended by striking out the last sentence. (c) Section 8853 of such title is amended— (1) by inserting "and" at the end of clause (1); (2) by striking the semicolon and "and" at the end of clause (2) and inserting in lieu thereof a period; and (3) by striking out clause (3). (d) The amendments made by this section shall be effective only for the period beginning on October 1, 1983, and ending on Septem- ber 30, 1985.

�


text:
Page:United States Statutes at Large Volume 97.djvu/701

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 669 AUTHORITY TO ORDER CERTAIN RETIRED MEMBERS OF RESERVE COMPONENTS TO ACTIVE DUTY SEC. 1017. (a) Section 675 of title 10, United States Code, is amended by inserting "or 688" after "672(a)". (b)(1) Subsection (a) of section 688 of such title is amended by lo usc 688. inserting ", a member of the Retired Reserve who has completed at least 20 years of active service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve" in the first sentence after "Marine Corps". (2) Subsection (b) of such section is amended by striking out "A retired member of the Regular Army, Regular Navy, R^ular Air Force, or Regular Marine Corps" and inserting in lieu thereof "A member ordered to active duty under this section". (3) The heading of such section is amended to read as follows: "§ 688. Retired members". (4) The item relating to such section in the table of sections at the beginning of chapter 39 of such title is amended to read as follows: "688. Retired members.". AUTHORITY TO PERMIT RETIRED ENLISTED MEMBERS OF REGULAR COMPONENTS TO BE PLACED VOLUNTARILY IN THE READY RESERVE SEC 1018. Section 269(d) of title 10, United States Code, is amended to read as follows: "(d) Under such regulations as the Secretary concerned may prescribe, any qualified member of a reserve component or any qualified retired enlisted member of a regular component may, upon his request, be placed in the Ready Reserve. However, a member of the Retired Reserve entitled to retired pay or a retired enlisted member of a regular component may not be placed in the Ready Reserve unless the Secretary concerned makes a special finding that the member'services in the Ready Reserve are indispensable. The Secretary concerned may not delegate his authority under the preceding sentence.". VALIDATION OF CERTAIN ARMY APPOINTMENTS MADE IN GRADES ABOVE THE GRADE OF SECOND UEUTENANT SEC. 1019. (a) The appointment of a person as a reserve commis- sioned officer of the Army in a grade above second lieutenant that was made during the period beginning on September 15, 1981 (the effective date of the Defense Officer Personnel Management Act (Public Law 96-513; 94 Stat. 2835)), and ending on August 24, 1982 lo usc loi note. (the date of a Department of the Army directive which terminated the appointments of reserve commissioned officers above the grade of second lieutenant under appointment criteria in effect before the effective date of the Defense Officer Personnel Management Act) shall be held and considered to be a valid appointment in the grade in which the appointment was made, subject to the consent of the officer concerned. (b)(1) A reserve commissioned officer whose appointment in a grade above second lieutenant is validated by subsection (a) is entitled to all the rights, privileges, and benefits of the grade to which appointed as of the original date of that appointment, except that such officer is not entitled to any increase in pay or allowances

�


text:
Page:United States Statutes at Large Volume 97.djvu/702

 97 STAT. 670 PUBLIC LAW 98-94—SEPT. 24, 1983 for any period prior to the date of the enactment of this section l^ virtue of the enactment of this section. (2) An appointment validated by subsection (a) supersedes any appointment or enlistment of the person concerned made between August 25, 1982, and the date of the enactment of this Act. PART C—OTHER PERSONNEL MANAGEB^ENT PROVISIONS AUTHORITY OF PRESTOENT TO SUSPEND CERTAIN LAWS RELATING TO PROMOTION, RETIREMENT, AND SEPARATION SEC. 1021. (a) Chapter 39 of title 10, United States Code, is amended by adding after section 673b the following new section: 10 USC 673c. ««§ 673c. Authority of President to suspend certain laws relating to promotion, retirement, and separation "(a) Notwithstanding any other provision of law, during any period members of a reserve component are serving on active duty pursuant to an order to active duty under authority of section 672, 10 USC 672,673, 673, or 673b of this title, the President may suspend any provision of ^'^^^- law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States. "(b) A suspension made under the authority of subsection (a) shall terminate (1) upon release from active duty of members of the reserve component ordered to active duty under the authority of section 672, 673, or 673b, as the case may be, or (2) at such time as the President determines the circumstances which required the action of ordering members of the reserve component to active duty no longer exist, whichever is earlier.". (b) 'Die table of sections at the beginning of chapter 39 of such title is amended by inserting immediately below the item relating to section 673b the following new item: "673c. Authority of President to suspend certain laws relating to promotion, retire- ment, and separation.". AUTHOMTY TO INCREASE TOTAL INITIAL TERM OF SERVICE IN THE ARMED FORCES SEC. 1022. (a)(1) Section 511 of title 10, United States Code, is amended— (A) in subsection (b), by striking out "six years" and inserting in lieu thereof "not less than six years nor more than eight years"; and (B) in subsection (d), by striking out "six years" and inserting in lieu thereof "not less than six years nor more than eight years". 10 USC 511 note. (2) The amendments made by paragraph (1) shall apply only with respect to persons who enlist under the authority of subsection (b) or (d) of section 511 of title 10, United States Code, 60 or more days after the date of the enactment of this Act. OJXD Subsection (a) of section 651 of title 10, United States Code, is amended to read as follows: "(a) Each person who becomes a member of an armed force, other than a person deferred under the next to the last sentence of section 6(d)(l) of the Military Selective Service Act (50 U.S.C. App. 456(d)(l)) shall serve in the armed forces for a total initial period of not less

�


text:
Page:United States Statutes at Large Volume 97.djvu/703

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 671 than six years nor more than eight years, as provided in regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when it is not operating as a service in the Navy, unless such person is sooner discharged under such regulations because of per- sonal hardship. Any part of such service that is not active duty or that is active duty for training shall be performed in a reserve component.". (2) The amendment made by paragraph (1) shall apply only with respect to persons who enter the Armed Forces 60 or more days after the date of the enactment of this Act. Effective date. 10 USC 651 note. VARIABLE TERMS FOR ENUSTMENTS AND REENUSTMENTS IN REGULAR COMPONENTS SEC. 1023. Section 505 of title 10, United States Code, is amended by striking out "two, three, four, five, or six years" in subsections (c) and (d) and inserting in lieu thereof "at least two but not more than six years". PART D—MISCELLANEOUS EXTENSION OF PERIOD DURING WHICH CERTAIN ACCUMULATED LEAVE MAY BE USED SEC. 1031. (a) The last sentence of section 701(f) of title 10, United States Code, is amended by inserting "third" after "end of the". (b)(1) The amendment made by subsection (a) shall take effect on Effective date. the date of the enactment of this Act and shall apply to leave accumulated under section 701(f) of such title after September 30, 1980. (2) A member of the Armed Forces who was authorized under 10 USC 701 note. section 701(f) of such title to accumulate 90 days' leave during fiscal year 1980, 1981, or 1982 and lost any leave at the end of fiscal year 1981, 1982, or 1983, respectively, because of the provisions of the last sentence of such section, as in effect on the day before the date of the enactment of this Act, shall be credited with the amount of the leave lost and may retain leave in excess of 60 days until (A) September 30, 1984, or (B) the end of the third fiscal year after the year in which such leave was accumulated, whichever is later, but in no case may such a member accumulate leave in excess of 90 days. (3) Section 404 of the Department of Defense Authorization Act, Repeal. 1983 (Public Law 97-252; 96 Stat. 725), is repealed. TRANSPORTATION OF REMAINS OF MILITARY RETIREES DYING IN MILITARY HOSPITALS SEC. 1032. (a)(1) Chapter 75 of title 10, United States Code, is amended by adding at the end thereof the following new section. "§ 1490. Transportation of remains of members entitled to retired or retainer pay who die in a military medical facility "(a) Subject to subsection (b), when a member entitled to retired or retainer pay or equivalent pay dies while properly admitted under chapter 55 of this title to a medical facility of the armed forces located in the United States, the Secretary concerned may transport the remains, or pay the cost of transporting the remains, of the decedent to the place of burial of the decedent. 10 USC 1490. 10 USC 1071 et seq.

�


text:
Page:United States Statutes at Large Volume 97.djvu/704

 97 STAT. 672 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 1481, 1482; 38 USC 901 et seq. 10 USC 1490 note. "(b)(l) Transportation provided under this section may not be to a place outside the United States or to a place further from the place of death than the decedent's last place of permanent residence, and any amount paid under this section may not exceed the cost of transportation from the place of death to the decedent's last place of permanent residence. "(2) Transportation of the remains of a decedent may not be provided under this section if such transportation is authorized by sections 1481 and 1482 of this title or by chapter 23 of title 38. "(c) In this section, 'United States' includes the Commonwealth of Puerto Rico and the territories and possessions of the United States.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1490. Transportation of remains of members entitled to retired or retainer pay who die in a military medical facility.". (b) Section 1490 of title 10, United States Code, as added by subsection (a), shall apply with respect to the transportation of the remains of persons dying after September 30, 1983. Effective date. 10 USC 133 note. FEE FOR VETERINARY SERVICES SEC. 1033. Effective on October 1, 1984, the Secretary of Defense shall require that a member of the Armed Forces pay a fee of $10 for each time that a pet of such member is provided veterinary care service by a member of the Armed Forces. EXTENSION OF PILOT DEPARTMENT OF DEFENSE EDUCATIONAL ASSISTANCE LOAN REPAYMENT PROGRAM SEC. 1034. Section 902(g) of the Department of Defense Authoriza- tion Act, 1981 (10 U.S.C. 2141 note), is amended by striking out "October 1, 1983" and inserting in lieu thereof "October 1, 1984". TITLE XI—NATO AND RELATED MATTERS Report to Cong ress. NORTH ATLANTIC DEFENSE COOPERATIVE PROGRAMS SEC. 1101. In order to fulfill the international obligations incurred by the United States under the North Atlantic Treaty Organiza- tion's Long-Term Defense Program for the rapid reinforcement of Europe, and recognizing that such action is in the national interest of the United States, the Secretary of Defense shall carry out commitments of the United States under the United States-German Wartime Host Nation Support Agreement of April 15, 1982, and under the Prepositioned Materiel Configured in Unit Sets (POMCUS) program by the earliest practicable date. The Secretary of Defense sh^l include in his annual report to the Congress a statement describing the status of implementation of such agree- ment and program, including his assessment of whether our allies are bearing their equitable share under such agreement and pro- gram and whether the implementation of such agreement and program adversely affects the readiness of the reserve components of the Armed Forces of the United States.

�


text:
Page:United States Statutes at Large Volume 97.djvu/705

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 673 REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE SEC. 1102. (a) In recognition of the increasing military threat faced 22 USC 1928 by the Western World and in view of the growth, relative to the "°*^- United States, in the economic strength of Japan, Canada, and a number of Western European countries which has occurred since the signing of the North Atlantic Treaty on April 4, 1949, and the 63 Stat. 2241. Mutual Cooperation and Security treaty between Japan and the United States on January 19, 1960, it is the sense of the Congress ii UST 1632. that— (1) the burdens of mutual defense now assumed by some of the countries allied with the United States under those agreements are not commensurate with their economic resources; (2) since May 1978, when each NATO member nation agreed to increase real defense spending annually in the range of 3 percent, most NATO members, except for the United States, have failed to meet the 3 percent real growth commitment consistently and performance toward this goal in 1983 is esti- mated to be the most deficient, on average, since the goal was established; (3) since May 1981, when the Government of Japan estab- lished its policy to defend the air and sea lines of communica- tion out to 1,000 nautical miles from the coast of Japan, progress to develop the necessary self-defense capabilities to fulfill that pledge has been extremely disappointing; (4) Japan is the ally of the United States with the greatest potential for improving its self-defense capabilities and should, therefore, rapidly increase its annual defense spending to the levels required to fulfill that pledge and to enable Japan to be capable of an effective conventional self-defense capability by 1990, including the capability to carry out its 1,000-mile defense policy, a development that would be consonant not only with Japan's current prominent position in the family of nations but also with its unique sensibilities on the issues of war and peace, sensibilities that are recognized and respected by the people of the United States; and (5) the continued unwillingness of such countries to increase their contributions to the common defense to more appropriate levels will endanger the vitality, effectiveness, and cohesiveness of the alliances between those countries and the United States. (b) It is further the sense of the Congress that the President should seek from each signatory country (other than the United States) of the two treaties referred to in subsection (a) acceptance of international security responsibilities and an agreement to make contributions to the common defense which are commensurate with the economic resources of such country, including, when appropri- ate, an increase in host nation support. (c)(1) The Secretary of Defense shall submit to the Congress not Classified report later than March 1, 1984, a classified report containing— ^° Congress. (A) a comparison of the fair and equitable shares of the mutual defense burdens of these alliances that should be borne by the United States, by other member nations of the North Atlantic Treaty Organization (NATO), and by Japan, based upon economic strength and other relevant factors, and the actual defense efforts of each nation together with an explana- tion of disparities that currently exist and their impact on mutual defense efforts; 11-194O-85~ 23:QL3

�


text:
Page:United States Statutes at Large Volume 97.djvu/706

 97 STAT. 674 PUBLIC LAW 98-94—SEPT. 24, 1983 Report to Congress. (B) a description of efforts by the United States and of other efforts to eliminate existing disparities; (C) estimates of the real growth in defense spending in fiscal year 1983 projected for each NATO member nation compared with the annual real growth goal in the range of 3 percent set in May 1978; (D) a description of the defense-related initiatives underteiken by each NATO member nation within the real growth in de- fense spending of such nation in fiscal year 1984; (E) an explanation of those instances in which the commit- ments to real growth in defense spending have not been realized and a description of efforts being made by the United States to ensure fulfillment of these important NATO commitments; (F) a description of the activities of each NATO member and Japan to enhance the security and stability of the Southwest Asia region and to assume additional missions for their own defense as the United States allocates additional resources to the mission of protecting Western interests in world areas not covered by the system of Western Alliances; and (G) a description of what additional actions the executive branch plans to take should the efforts by the United States referred to in clauses (B) and (E) fail, and, in those instances where such additional actions do not include consideration of the repositioning of American troops, a detailed explanation as to why such repositioning is not being so considered. (2) The Secretary of Defense shall also submit to the Congress not more than 30 days after the submission of the report required under paragraph (1) an unclassified report containing the matters set forth in clauses (A) through (G) of such paragraph. Funding restriction. Written certifications to Congress. LIMITATION ON NUMBER OF MILITARY PERSONNEL STATIONED IN EUROPE SEC. 1103. (a) Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated by this or any other Act may be used for the purpose of supporting an end-strength level, as of September 30, 1984, of members of the Armed Forces of the United States assigned to permanent duty ashore in European member nations of the North Atlantic Treaty Organization (NATO) at any level in excess of 315,600. (b) A number of United States military personnel in excess of 315,600, but not in excess of 320,000, may be permanently assigned to duty ashore in such European nations as of September 30, 1984, if— (1) the Secretary of Defense determines and certifies to the Congress in writing that on September 30, 1984, the total number of military personnel of NATO member nations, other than the United States, stationed in the Federal Republic of Germany will not be less than the total number of military personnel of such member nations stationed in that country on the date of the enactment of this Act; (2) the Secretary of Defense certifies to the Congress in writ- ing on or after June 1, 1984, that the budget for the Department of Defense for fiscal year 1985 and the Five-Year Defense Plan of the Department of Defense for fiscal years 1985 through 1989 give significant priority to programs directly intended to im-

�


text:
Page:United States Statutes at Large Volume 97.djvu/707

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 675 prove NATO's conventional capabilities, particularly its capa- bility for deep interdiction; (3) the Department of IDefense has conducted a thorough and detailed analysis of the United States force and support struc- ture in Europe which the Secretary of Defense submits to Congress on or after June 1, 1984, with his certification in writing that a number of United States military personnel in excess of 315,600 is required to meet the United States commit- ment to NATO; and (4) the studies required by sections 1104 through 1107 have been conducted and the reports and recommendations resulting from such studies have been submitted to the Congress. (c) A number of United States military personnel in excess of 315,600 or in excess of 320,000 may be assigned to permanent duty ashore in European member nations of NATO as of September 30, 1984, without the conditions specified in subsection (b) having been met if the President (1) determines and certifies to the Congress in writing that overriding national security interests require a number of such personnel to be assigned to permanent duty ashore in such nations in excess of 315,600 or 320,000, as the case may be, and (2) includes in the certification the total number of such personnel required and an explanation of the overriding national security interests that require such number of personnel. (d) In computing the limitation specified in subsections (a) and (b), there may be excluded not more than 2,600 military personnel assigned to the Ground Launched Cruise Missile program and the Pershing II Missile program. Submittal to Congress. REPORT ON IMPROVEMENT OF CONVENTIONAL FORCES OF NATO SEC. 1104. (a) At the same time the President submits the budget for fiscal year 1985 pursuant to section 1105 of title 31, United States Code, but not later than May 1, 1984, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a comprehensive report and plan for improving conventional defense capabilities of the North Atlantic Treaty Organization (NATO). The Secretary shall include in such report— (1) his recommendations on how NATO's strategy and mili- tary program could and should be changed to improve substan- tially the chances of a successful conventional defense of Europe; (2) a statement and explanation of what the aggregate NATO conventional defense requirements are; (3) a current assessment and statement of the status of the Air-Land Battle concept within the Department of Defense and NATO; (4) an explanation of how and to what extent the various doctrines of NATO military forces are coordinated, and how variations in doctrine can be rectified or exploited to NATO's advantage; (5) his judgment on the most effective means by which NATO military forces can be operationally integrated to implement the Air-Land Battle concept; (6) the United States programs which are necessary to sup- port improved NATO conventional capabilities, the changes which are needed, and what the fiscal year 1985 budget and Submittal to congressional committees.

�


text:
Page:United States Statutes at Large Volume 97.djvu/708

 97 STAT. 676 PUBLIC LAW 98-94—SEPT. 24, 1983 Five-Year Defense Plan of the Department of Defense for fiscal years 1985 through 1989 provide for with respect to NATO conventional capabilities; (7) the United States conventional programs and weapons that are provided for in the fiscal year 1985 budget and Five- Year Defense Plan of the Department of Defense for fiscal years 1985 through 1989 to enhance the disruption and destruction of Soviet follow-on echelons as well as fixed-site military targets; (8) the new weapons or systems which are available for such purpose that are not in the current budget or Five-Year Defense Plan of the Department of Defense; (9) a determination of what are the achievable NATO-wide improvements in conventional defense capability; and (10) a separate addendum and assessment by the Supreme Allied Commander, Europe, on measures necessary to improve NATO conventional defense capabilities, including a recom- mended plan for such measures. Report to (b) The President shall submit to the Congress not later than June Congress. j^ ^984, his recommendations and plan for improving NATO conven- tional defense capabilities. REPORT ON THE NUCLEAR POSTURE OF NATO Study. SEC. 1105. (a) The Secretary of Defense shall conduct a study on the tactical nuclear posture of the North Atlantic Treaty Organiza- tion (NATO) and submit a report on the results of such study to the Committees on Armed Services of the Senate and the House of Representatives not later than May 1, 1984. Such study shall include— (1) a detailed assessment of the current tactical nuclear bal- ance in Europe and that projected for 1990; (2) an assessment of the current, respective operational doc- trines for the use of tactical nuclear weapons in Europe of the Warsaw Pact and NATO; (3) an explanation of how the threat of the use of such weapons relates to deterrence and to conventional defense; (4) an identification of the number and types of nuclear warheads, if any, considered to be inessential to the defense structure of Western Europe, the quantity and type of such weapons that could be eliminated from Europe under appropri- ate circumstances without jeopardizing the security of NATO nations and an assessment of what such circumstances might be; (5) an explanation of the steps that can be taken to develop a rational and coordinated nuclear posture by NATO in a manner that is consistent with proper emphasis on conventional defense forces; and (6) an identification of any notable, relevant developments that have occurred since the submission to the Congress in April 1975 of the report entitled "The Theater Nuclear Force Posture in Europe", prepared by the Secretary of Defense pur- suant to section 302 of the Department of Defense Appropri- 88 Stat. 401. ation Authorization Act, 1975 (Public Law 93-365), which might cause the findings and conclusions of that report to require revision and such revisions in such report as the Secretary considers appropriate.

�


text:
Page:United States Statutes at Large Volume 97.djvu/709

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 677 (b) The President shall submit a written report to the Congress on or before June 1, 1984, containing his views on the Department of Defense study and report required under subsection (a) together with such recommendations with respect to such study and report as he considers appropriate. Report to Congress. REPORT ON COMBAT-TO-SUPPORT RATIO OF UNITED STATES FORCES IN EUROPE IN SUPPORT OF NATO SEC. 1106. (a) The Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and House of Repre- sentatives not later than May 1, 1984, on the combat, combat support, combat service support, and noncombat components of the Armed Forces of the United States assigned to permanent duty in Europe in support of the North Atlantic Treaty Organization (NATO). The Secretary shall include in such report— (1) an analysis of the historical (since 1974), current, and projected combat, combat support, combat service support, and noncombat components of the Armed Forces of the United States assigned to permanent duty in Europe in support of NATO and their relationship to each other; (2) a review of the requirements for such combat, combat support, combat service support, and noncombat components; and (3) his assessment of the current balance among units of United States combat components, combat support components, and combat service support components forward deployed in Europe and his recommendations for any changes needed to improve that balance in the future. (b) For the purposes of the report required by subsection (a)— (1) the combat component of the Army includes only the infantry, cavalry, artillery, armored, combat engineers, special forces, attack assault helicopter units, air defense, and missile combat units of battalion or smaller size; (2) the combat component of the Navy includes only the combatant ships (aircraft carrier, battleship, cruiser, destroyer, frigate, submarine, and amphibious assault ships) and combat aircraft wings (fighter, attack, reconnaissance, and patrol); and (3) the combat component of the Air Force includes only the tactical fighter, reconnaissance, tactical airlift, ^hter intercep- tor, and bomber units of wing or smaller size. Submittal to congressional committees. REPORT ON UNITED STATES EXPENDITURES IN SUPPORT OF NATO SEC. 1107. (a) The Secretary of Defense shall review and analyze the fiscal year 1983 expenditures of the Department of Defense in fulfilling the United States commitment to the North Atlantic Treaty Organization (NATO) and the expenditures projected for such purpose for each of the fiscal years 1984 through 1989. (b)(l) The Secretary of Defense shall submit a detailed written report to the Congress not later than June 1, 1984, on the review and analysis required under subsection (a). The Secretary shall set out in such report, in current and constant fiscal year 1983 dollar figures, the expenditures made in fiscal year 1983 and expenditures projected to be made in fiscal years 1984 through 1989 by the United States in fulfilling its commitment to NATO in each of the following categories: Submittal to Congress.

�


text:
Page:United States Statutes at Large Volume 97.djvu/710

 97 STAT. 678 PUBLIC LAW 98-94—SEPT. 24, 1983 (A) Procurement. (B) Operations and maintenance. (C) Military construction. (D) Military personnel. (E) Research, development, test, and evaluation. (2) The Secretary of Defense shall also include in such report a separate breakout of the fiscal year 1983 Department of Defense expenditures in each of the categories specified in paragraph (1) for the Armed Forces of the United States assigned to permanent duty ashore in the European member nations of NATO and the expendi- tures projected to be incurred by the Department of Defense in each of those categories in each of the fiscal years 1984 through 1989 for personnel of the Armed Forces of the United States planned to be assigned to permanent duty ashore in such nations during each of those fiscal years. The Secretary of Defense shall also include in such report similar separate breakouts for all classes of United States forces reflected in the data submitted to the Committee on Armed Services of the Senate and printed in part 1, pages 61-68, of that Committee's hearings on Department of Defense Authorization For Appropriations For Fiscal Year 1982. (3) The Secretary of Defense shall also include in such report the estimated percentage growth in each of the five categories specified in paragraph (1) of subsection (b), after allowing for inflation, from one year to the next for the fiscal years 1983 through 1989. In the case of each category of expenditures for which the annual projected rate of expenditure growth after fiscal year 1983 exceeds 3 percent, after allowing for inflation, over the previous fiscal year, the Secre- tary shall include his assessment of the impact on NATO of limiting the growth of expenditures in that category to 3 percent real growth. TITLE XII—GENERAL PROVISIONS PART A—FINANCIAL MATTERS TRANSFER AUTHORITY SEC. 1201. (a)(1) Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the De- partment of Defense in this Act between any such authorizations (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) The total amount of authorizations that the Secretary of Defense may transfer under the authority of this section may not exceed $1,500,000,000. (b) The authority provided by this section to transfer authoriza- tions— (1) may only be used to provide authority for higher priority items than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. Notification of (c) The Secretary of Defense shall promptly notify Congress of Congress. transfers made under the authority of this section. Ante, p. 625. (d) Transfers between paragraphs of a subsection of section 301 may be made without regard to the requirements of this section.

�


text:
Page:United States Statutes at Large Volume 97.djvu/711

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 679 LONG-TERM LEASE OR CHAPTER OF AIRCRAFT AND VESSELS SEC. 1202. (a)(1) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 2401. Requirement for authorization by law of certain contracts relating to vessels and aircraft "(a)(1) The Secretary of a military department may make a con- tract for the lease of a vessel or aircraft or for the provision of a service through usc by a contractor of a vessel or aircraft only as provided in subsection (b) if— "(A) the contract will be a long-term lease or charter; or "(B) the terms of the contract provide for a substantial termi- nation liability on the part of the United States. "(2) The Secretary of a military department may make a contract that is an agreement to lease or charter or an agreement to provide services and that is (or will be) accompanied by a contract for the actual lease, charter, or provision of services only as provided in subsection (b) if the contract for the actual lease, charter, or provi- sion of services is (or will be) a contract described in paragraph (1). "(b)(1) The Secretary may make a contract describea in subsection (a)(1) if- "(A) the Secretary has been specifically authorized by law to make the contract; "(B) before a solicitation for proposals for the contract was issued the Secretary notified the Committees on Armed Services and on Appropriations of the Senate and House of Representa- tives of the Secretary's intention to issue such a solicitation; and "(C) the Secretary has notified the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the proposed contract and provided a de- tailed description of the terms of the proposed contract and a justification for entering into the proposed contract rather than providing for the lease, charter, or services involved through purchase of the vessel or aircraft to be used under the contract, and a period of 30 days of continuous session of Congress has expired following the date on which notice was received by such committees. "(2) For purposes of paragraph (I)(C), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in a computation of such 30-day period. "(c) Funds may not be appropriated for any fiscal year to or for any armed force or obligated or expended for— "(1) the long-term lease or charter of any aircraft or naval vessel; or "(2) for the lease or charter of any aircraft or naval vessel the terms of which provide for a substantial termination liability on the part of the United States, unless funds for that purpose have been specifically authorized by law. "(d)(l)(A) In this section, the term 'long-term lease or charter' (except as provided in subparagraph (B)) means a lease, charter, service contract, or conditional sale agreement— "(i) the term of which is for a period of five years or longer or more than one-half the useful life of the vessel or aircraft; or 10 USC 2401. Notification of congressional committees. Congressional adjournment. Funding restrictions. "Long-term lease or charter."

�


text:
Page:United States Statutes at Large Volume 97.djvu/712

 97 STAT. 680 PUBLIC LAW 98-94—SEPT. 24, 1983 26 USC 168. Termination liability. Request submittal to Congress. "(ii) the initial term of which is for a period of less than five years but which contains an option to renew or extend the agreement for a period which, when added to the initial term (or any previous renewal or extension), is five years or longer. Such term includes the extension or renewal of a lease or charter agreement if the term of the extension or renewal thereof is for a period of five years or longer or if the term of the lease or charter agreement being extended or renewed was for a period of five years or longer. "(B) In the case of an agreement under which the lessor first places the property in service under the agreement or the property has been in service for less than one year and there is allowable to the lessor or charterer an investment tax credit or depreciation for the property leased, chartered, or otherwise provided under the agreement under section 168 of the Internal Revenue Code of 1954 (unless the lessor or charterer has elected depreciation on a straight- line method for such property), the term long-term lease or charter* means a lease, charter, service contract, or conditional sale agreement— "(i) the term of which is for a period of three years or longer; or "(ii) the initial term of which is for a period of less than three years but which contains an option to renew or extend the agreement for a period which, when added to the initial term (or any previous renewal or extension), is three years or longer. Such term includes the extension or renewal of a lease or charter agreement if the term of the extension or renewal thereof is for a period of three years or longer or if the term of the lease or charter agreement being extended or renewed was for a period of three years or longer. "(2) For the purposes of this section, the United States shall be considered to have a substantial termination liability under a contract— "(A) if there is an agreement by the United States under the contract to pay an amount not less than the amount equal to 25 percent of the value of the vessel or aircraft under lease or charter, calculated on the basis of the present value of the termination liability of the United States under such charter or lease (as determined under regulations prescribed by the Secre- tary of Defense); or (B) if (as determined under regulations prescribed by the Secretary of Defense) the sum of— "(i) the present value of the amount of the termination liability of the United States under the contract as of the end of the term of the contract (exclusive of any option to extend the contract); and "(ii) the present value of the total of the payments to be made by the United States under the contract (excluding any option to extend the contract) attributable to capital- hire, is more than one-half the price of the vessel or aircraft involved. "(e)(1) Whenever a request is submitted to Congress for the au- thorization of the long-term lease or charter of aircraft or naval vessels or for the authorization of a lease or charter of aircraft or naval vessels which provides for a substantial termination liability on the part of the United States, the Secretary of Defense shall submit with that request an analysis of the cost to the United States

�


text:
Page:United States Statutes at Large Volume 97.djvu/713

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 681 (including lost tax revenues) of any such lease or charter arrange- ment compared with the cost to the United States of direct procure- ment of the aircraft or naval vessels by the United States. "(2) Any such analysis shall be reviewed and evaluated by the Director of the Office of Management and Budget and the Secretary of the Treasury within 30 days after the date on which the request and analysis are submitted to Congress. The Director and Secretary shall conduct such review and ev^uation on the basis of the guide- lines issued pursuant to subsection (f) and shall report to Congress in writing on the results of their review and evaluation at the earliest practicable date, but in no event more than 45 days after the date on which the request and analysis are submitted to the Congress. "(3) Whenever a request is submitted to Congress for the authori- zation of funds for the Department of Defense for the long-term lease or charter of aircraft or naval vessels authorized under this section, the Secretary of Defense— "(A) shall indicate in the request what portion of the requested funds is attributable to capital-hire; and "(B) shall reflect such portion in the appropriate procurement account in the request. "(f) The Director of the Office of Management and Budget and the Secretary of the Treasury shall jointly issue guidelines for determin- ing under what circumstances the Department of Defense may usc lease or charter arrangements for aircraft and naval vessels rather than directly procuring such aircraft and vessels. Such guidelines shall be issued not later than 90 days after the date of enactment of this section.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2401. Requirement for authorization by law of certain contracts relating to vessels and aircraft.". (3) Section 2401 of title 10, United States Code, as added by paragraph (1), shall not apply in the case of any lease or charter agreement entered into by the Department of Defense before De- cember 1, 1983. (b) Funds appropriated pursuant to an authorization contained in this Act may not be used to indemnify any person under the terms of a contract entered into with the United States under section 2401 of title 10, United States Code (as added by subsection (a))— (1) for any amount paid or due by any person to the United States for any liability arising under the Internal Revenue Code of 1954; or (2) to pay any attorneys' fees in connection with such contract. (c)(l) At the same time that the President submits the budget request for the Department of Defense to Congress for fiscal year 1985, the Secretary of Defense shall submit a written report to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives concerning leases or charters de- scribed in paragraph (2). (2) Such report shall include a list of all leases, charters, service contracts, or conditional sales, the term of which is for a period of 1 year or longer, for m^jor items of defense equipment (including aircraft and naval vessels) which are to be funded either directly or indirectly by any portion of the funds contained in such budget Analysis, review and evaluation. Report to Congress. Request submittal to Congress. Guidelines. 10 USC 2401 note. 10 USC 2401 note. 26use1etseq. Submittal to congressional committees.

�


text:
Page:United States Statutes at Large Volume 97.djvu/714

 97 STAT. 682 PUBLIC LAW 98-94—SEPT. 24, 1983 Fundi ng restriction. 10 USC 2401 note. request. Such report shall also include an estimate of the funding level and the source of funding for each such lease, charter, service contract, or conditional sale. (d) Funds available to the Department of Defense may not be used to enter into any contract during fiscal year 1984 under section 2401 of title 10, United States C!ode, as added by subsection (a), the term of which is for 3 years or more, inclusive of any option for contract extension or renewal, for any vessels, aircraft, or vehicles, through a lease, charter, or similar agreement, that imposes an estimated termination liability (excluding the estimated value of the leased item at the time of termination) on the United States exceeding 50 percent of the original purchase value of the vessel, aircraft, or vehicle involved for which the Congress has not specifically provided budget authority for the obligation of 10 percent of such termination liability. (e) Nothing in this section shall impede or affect the ability of the Secretary of the Navy to proceed to acquire the use of thirteen T-AKX class Maritime Prepositioning Ships and the use of five new T-5 class tankers in accordance with the long-term charter arrange- ments negotiated by the Navy before the date of the enactment of this Act. INDEPENDENT COST ESTIMATES OF MAJOR DEFENSE ACQUISITION PROGRAMS SEC. 1203. (a)(1) Chapter 4 of title 10, United States Code, is amended by inserting after section 139b the following new section: 10 USC 139c. ' '§ 139c. Major defense acquisition programs: independent cost estimates. "(a) The Secretary of Defense may not approve the full-scale engineering development or the production and deployment of a major defense acquisition program unless an independent estimate of the cost of the program first has been submitted to (and consid- ered by) the Secretary of Defense. "(b) In this section: "(1) 'Major defense acquisition program' has the same mean- ing as provided in section 139a(a)(l) of this title. "(2) 'Independent estimate' means, with respect to a major defense acquisition program, an estimate of the cost of such program prepared by an office or other entity that is not under the supervision, direction, or control of the military depart- ment, defense agency, or other component of the Department of Defense that is directly responsible for carrying out the develop- ment or acquisition of the program. "Cost of the "(3) 'Cost of the program' means, with respect to a major program." defense acquisition program, all elements of the life-cycle costs of the program, including— "(A) the cost of all research and development efforts, without regard to the funding source or management control; "(B) the cost of the prime hardware and its major subcom- ponents, support costs (including training, peculiar support, and data), initial spares, military construction costs, and the cost of all related procurements (including, where appli- cable, modifications to existing aircraft or ship platforms), 10 USC 139a. "I ndependent estimate."

�


text:
Page:United States Statutes at Large Volume 97.djvu/715

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 683 without regard to the funding source or management con- trol of the program; and "(C) all elements of operating and support costs.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 139b the following new item: "139c. Major defense acquisition programs: independent cost estimates.". (b) Section 139c of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1983. (c) Not later than May 1, 1984, the Secretary of Defense shall submit a written report to the Committees on Armed Services of the Senate and House of Representatives on the use of independent cost estimates in the planning, programing, budgeting, and selection process for major defense acquisition programs in the Department of Defense. That report shall include an overall assessment of the extent to which such estimates were adopted by the Department in making decisions on the fiscal year 1985 budget and a general explanation of why such estimates might have been modified or rejected. In addition, the Secretary shall include in that report a discussion of current and future initiatives to make greater or more productive use of independent cost estimates in the Department of Defense. (d) It is the sense of the Congress that the Secretary of Defense should ensure that adequate personnel and financial resources are allocated at all levels of the Department of Defense to those organi- zations or offices charged with developing or assessing independent estimates of the costs of major defense acquisition programs. Effective date. 10 USC 139c note. Report to congressional committees. 10 USC 139c note. 10 USC 139c note. REQUIREMENT OF AUTHORIZATION OF APPROPRIATIONS FOR WORKING- CAPITAL FUNDS SEC. 1204. (a) The second sentence of section 2208(d) of title 10, United States Code, is amended to read as follows: "In addition, such amounts may be appropriated for the purpose of providing capital for working-capital funds as have been specifically authorized by law.". (b) The amendment made by subsection (a) shall apply only with respect to appropriations for fiscal years beginning after Septem- ber 30, 1984. Effective date. 10 USC 2208 note. ONE-YEAR EXTENSION OF TEST PROGRAM TO AUTHORIZE PRICE DIFFERENTIALS TO REUEVE ECONOMIC DISLOCATIONS SEC. 1205. (a) Subsection (a) of section 1109 of the Department of Defense Authorization Act, 1983 (10 U.S.C. 2392 note), is amended by striking out "fiscal year 1983" each place it appears and inserting in lieu thereof "fiscal years 1983 and 1984". (b) Subsection (b) of such section is amended by inserting "and April 15, 1984," after "1983" in the first sentence. 10 USC 2392 note. AUTHORIZATION OF FUNDS FOR UPGRADING THE INTERNATIONAL COORDINATING COMMITTEE (COCOM) LOGISTICAL SUPPORT SEC. 1206. The Secretary of Defense may use, out of any funds available to the Department of Defense for fiscal year 1984, an amount not to exceed $2,000,000 for the purpose of upgrading and improving the logistical support of the International Coordinating

�