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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2531

(2) Not later than March 31, 1985, the Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives describing the results of the review under paragraph (1) and the measurement system implemented in accordance with that paragraph. (b)(1) The Secretary of Defense, acting through the Assistant Secretary of Defense for Reserve Affairs, shall conduct a study to evaluate the feasibility of allocating equipment to units of reserve components based on a measure of effectiveness of such units. The study should consider the effects of allocating equipment by comparing units with similar deployment times and similar capabilities in terms of training and equipment rather than by comparing all reserve component units with each other. The study should be integrated with an evaluation of the system for measuring unit effectiveness to be implemented in accordance with subsection (a). (2) As part of the report under subsection (a)(2), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the study carried out under paragraph (1). (c) It is the sense of Congress that the number of members of the Army Reserve and of the Army National Guard assigned to full-time manning duty should be increased to 14 percent of the total membership of the Army Reserve and of the Army National Guard, respectively, by fiscal year 1989. (d)(1)(A) The Secretary of Defense, acting through the Assistant Secretary of Defense for Reserve Affairs, shall conduct a study of the benefits of a longer training program for certain units of the reserve components and shall conduct a test of such a program. The test program should begin at the earliest realistic date. (B) In developing training programs for the reserve components, the Secretary shall give increased attention to innovative training technologies, techniques, and schedules that recognize the limitations on time and the geographic dispersion of the reserve components. (2) Not later than March 31, 1985, the Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives describing the study under paragraph (1). (e) The Secretary of Defense shall conduct at least one major mobilization exercise each year. The exercise should be as comprehensive and as realistic as possible and should include the participation of associated active component and reserve component units. The Secretary shall develop a plan by June 30, 1985, to test periodically each active component and reserve component unit based in the United States and all interactions of such units, as well as the sustainment of the forces mobilized as part of the exercise, with the objective of permitting an evaluation of the adequacy of resource allocation and planning. (fKD In order to encourage members of the Armed Forces whose military service obligation is expiring and who do not choose to reenlist or otherwise extend their service on active duty or in active elements of reserve components to remain in the Armed Forces as members of the Individual Ready Reserve, the Secretary of Defense shall consider making greater use of the authority provided under section 308h of title 37, United States Code, to pay bonuses to persons reenlisting for periods of not less than three years in the Individual Ready Reserve.

Report.

Study. 10 USC 261 note.

Report.

10 USC 261 note.

Study. 10 USC 261 note.

Report.

10 USC 261 note.

97 Stat. 663. 37 USC 308h note.

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 98 STAT. 2532

PUBLIC LAW 98-525—OCT. 19, 1984

37 USC 308h.

(2) Such section is amended by striking out the period at the end of subsection (b) and inserting in lieu thereof "and shall be paid in equal annual increments.". 10 USC 261 note. (g) This section does not apply to the Coast Guard. PRECEDENCE OF AWARD OF PURPLE HEART

SEC. 553. (a) Chapter 57 of title 10, United States Code, is amended by adding at the end thereof the following new section: Regulations. 10 USC 1127.

"§ 1127. Precedence of the award of the Purple Heart 'Tn prescribing regulations establishing the order of precedence of awards and decorations authorized to be displayed on the uniforms of members of the armed forces, the Secretary of the military department concerned shall accord the Purple Heart a position of precedence, in relation to other awards and decorations authorized to be displayed, not lower than that immediately following the lowest position accorded any award or decoration for valor.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1127. Precedence of the award of the Purple Heart.". STUDY OF MILITARY REGULATIONS WITH REGARD TO RELIGIOUS PRACTICES

Report.

SEC. 554. (a) In order to promote the free expression of religion by members of the Armed Forces to the greatest extent possible consistent with the requirements of military discipline, the Secretary of Defense shall form a study group to examine ways to minimize the potential conflict between the interests of members of the Armed Forces in abiding by their religious tenets and the military interest in maintaining discipline. (b) The study group shall consist of eight members appointed by the Secretary of Defense, of whom— (1) one shall be appointed from members of each of the four Armed Forces under the jurisdiction of the Secretary of Defense upon the recommendation of the respective Secretaries of the military departments; (2) three shall be appointed upon the recommendation of the Armed Forces Chaplain Board; and (3) one shall be appointed upon the recommendation of the Assistant Secretary of Defense for Manpower, Installations, and Logistics. The Secretary of Defense shall designate one of the members to serve as chairman of the study group. (c) In carrying out its functions under subsection (a), the study group shall make the maximum effort to ascertain the views of the broadest spectrum of religious organizations and to use the research and intellectual resources of specialists outside the Government through receipt of written or oral presentations to the study group. (d) Not later than February 1, 1985, the study group shall submit to the Secretary of Defense a report containing its findings and recommendations. Not later than 20 days after receiving that report, the Secretary of Defense shall submit to Congress a copy of the report, together with the Secretary's comments on the report, and shall issue appropriate implementing policy to the Secretaries of the military departments. Such implementing policy shall require

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2533

that any change in regulations required by reason of that implementing policy be issued by the Secretaries of the military departments not later than 30 days after the date of the issuance of that implementing policy. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS PART A—BASIC PAY AND ALLOWANCES MILITARY PAY RAISE FOR FISCAL YEAR 1985

SEC. 601, (a) Any adjustment required by section 1009 of title 37, United States Code, in elements of the compensation of members of the uniformed services to become effective during fiscal year 1985 shall not be made. (b)(1) Except as provided in paragraph (2), the rates of basic pay and basic allowances for subsistence for members of the uniformed services are increased by 4 percent effective on January 1, 1985. (2) The increase in rates of basic pay and basic allowances for subsistence provided for in paragraph (1) shall not apply to enlisted members in pay grade E-1 with less than 4 months active duty.

37 USC 1009 note.

Effective date.

BASIC ALLOWANCE FOR QUARTERS AND VARIABLE HOUSING ALLOWANCE

SEC. 602. (a)(1) Effective on January 1, 1985, the rates of the basic allowance for quarters authorized by section 403(a)(1) of title 37, United States Code, are as follows: Without Dependents "Pay Grade

Full Rate

Commissioned officers: O-IO

Partial Rate'

With Dependents

$537.30 $50.70 $660.90 537.30 537.30 537.30 493.20 465.30 426.60 345.30 278.10 238.50

50.70 50.70 50.70 39.60 33.00 26.70 22.20 17.70 13.20

660.90 660.90 660.90 599.40 552.30 504.90 420.90 360.90 323.70

391.20 330.30 297.00 251.40

25.20 20.70 15.90 13.80

453.90 405.90 379.50 330.90

315.30 292.20 249.30 221.40 204.90 177.60 172.50 146.40 133.50

0-9 0-8 0-7 0-6 0-5 0-4 0-3 0-2 0-1 Warrant officers: W-4 W-3 W-2 W-1 Enlisted members: E-9 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

18.60 15.30 12.00 9.90 8.70 8.10 7.80 7.20 6.90

429.90 400.50 372.60 337.80 300.30 259.50 238.50 238.50 238.50".

"'Payable to a member without dependents who under section 403(b) or (c) of title 37, United States Code, is not entitled to receive a basic allowance for quarters.".

31-194

0 - 8 6 - 6

QL.3

Parts

Effective date. 37 USC 403 note.

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 98 STAT. 2534

PUBLIC LAW 98-525—OCT. 19, 1984

(2) During the period beginning on January 1, 1985, and ending on the date on which any change is made by law in any of the rates of basic allowance for quarters for members of the uniformed services prescribed in paragraph (1), the rate of the basic allowance for quarters authorized by section 403(a)(1) of title 37, United States Code, which is payable to a member of the uniformed services who is entitled to that allowance on or after January 1, 1985, and before the date of any such change and who was entitled to that allowance on December 31, 1984, shall not be less than the rate of the basic allowance for quarters that was in effect for that member on December 31, 1984 (unless the member holds a lower grade than he held on that date or has had a change in dependent status from a "with dependents" status to a "without dependents" status). Prohibition. (b)(1) During the period beginning on October 1, 1984, and ending on January 1, 1985, the Secretary of a military department may not pay a variable housing allowance under section 403(a)(2) of title 37, United States Code, except in accordance with the limitations on such payments applicable during fiscal year 1984 under the provisions of sections 786 and 792 of the Department of Defense Appro97 Stat. 1453, priation Act, 1984 (Public Law 98-212). li^ii «Q7 ^^^ Section 906 of the Department of Defense Authorization Act, 37 USC 403 note. ^^^^ (Public Law 98-94), is amended by striking out "fiscal year 1984" and inserting in lieu thereof "the period beginning on October 1, 1983, and ending on January 1, 1985". (c)(1) Subsection (a) of section 403 of title 37, United States Code, is amended by striking out "(1)" after "(a)" and by striking out paragraph (2). (2) The heading of such section is amended to read as follows: "§ 403. Basic allowance for quarters". (d)(1) Chapter 7 of title 37, United States Code, is amended by inserting after section 403 the following new section: 37 USC 403a.

"§ 403a. Variable housing allowance "(a)(1) Except as provided in subsection (b) of this section, a member of a uniformed service entitled to basic allowance for quarters is entitled to a variable housing allowance under this section whenever assigned to duty in an area of the United States which is a high housing cost area with respect to that member. A member with dependents who is assigned to an unaccompanied tour of duty outside the United States is entitled to a variable housing allowance while serving that tour of duty for any period during which the member's dependents reside in an area of the United States where, if the member were assigned to duty in that area, the member would be entitled to receive a variable housing allowance. "(2) In the case of a member with dependents— "(A) who is assigned to duty inside the United States the location or the circumstances of which make it necessary that his dependents reside at another location; and "(B) whose dependents reside in an area of the United States where, if the member were assigned to duty in that area, the member would be entitled to receive a variable housing allowance at a rate other than the rate to which the member is entitled (if at all) in the area of his duty assignment, the member may be paid a variable housing allowance as if he were assigned to duty in the area in which his dependents reside if the

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2535

Secretary concerned determines (under regulations prescribed under subsection (e) of this section) that it would be inequitable to base the member's entitlement to, and amount of, variable housing allowance on the area to which the member is assigned. "(3) In the case of a member with dependents— "(A) who is assigned to an unaccompanied tour of duty in Alaska or Hawaii; and "(B) who would, if his duty station were outside the United States, be entitled to a family separation allowance under section 427(a) of this title, 37 USC 427. the member may be paid a variable housing allowance at the rate applicable to a member without dependents serving in the same grade and at the same location. Payment of a variable housing allowance under this paragraph shall be in addition to any allowance or per diem to which the member otherwise may be entitled under this title. "(b) A member of a uniformed service is not entitled to a variable housing allowance— "(1) in the case of a member who makes a change in permanent duty station, for the number of days that travel is authorized between permanent duty stations (under regulations prescribed under subsection (e) of this section); "(2) in the case of a member with dependents, if the member (A) is assigned to unaccompanied personnel housing of the United States (or an unaccompanied personnel housing facility under the jurisdiction of a uniformed service) appropriate to his grade, rank, or rating and adequate for himself, and (B) is authorized the basic allowance for quarters at the rate established for a member with dependents solely by reason of a court order requiring the member to pay support for dependents; or "(3) in the case of a member of a reserve component, while on active duty under a call or order to active duty specifying a period of less than 140 days. "(c)(1) The monthly amount of a variable housing allowance under this section for a member of a uniformed service with respect to an area is the difference between (A) the median monthly cost of housing in that area for members of the uniformed services serving in the same pay grade as that member, and (B) 80 percent of the median monthly cost of housing in the United States for members of the uniformed services serving in the same pay grade as that member. "(2) The rates of variable housing allowance shall be reduced as necessary to comply with subsection (d) of this section. "(3) The effective date of any adjustment in rates of variable Effective date. housing allowance because of a redetermination of median monthly costs of housing under this subsection shall be the same as the effective date of the next increase after such redetermination in the basic allowances for quarters. "(4) For the purposes of this section, an area shall be considered to be a high housing cost area with respect to a member of a uniformed service whenever the median monthly cost of housing in that area for members of the uniformed services serving in the same pay grade as that member exceeds 80 percent of the median monthly cost of housing in the United States for members of the uniformed services serving in the same pay grade as that member.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/164

 98 STAT. 2536

PUBLIC LAW 98-525—OCT. 19, 1984

"(5) Any reduction required under paragraph (2) of this subsection and any determination of median monthly costs of housing under this subsection shall be made under regulations prescribed under subsection (e) of this section. "(d)(1) The total amount that may be paid for a fiscal year for the variable housing allowance authorized members of the uniformed services by this section is the product of— "(A) the total amount authorized to be paid for such allowance for the preceding fiscal year (as adjusted under paragraph (3) of this subsection); and "(B) a fraction— "(i) the numerator of which is the military housing cost index for October of the preceding fiscal year; and "(ii) the denominator of which is the military housing cost index for October of the fiscal year before the preceding fiscal year. "(2) The military housing cost index is the housing component of the Consumer Price Index (as determined by the Bureau of Labor Statistics of the Department of Labor), as adjusted under regulations prescribed under subsection (e) of this section. Such regulations may assign weights to the elements of that housing component other than those assigned by the Secretary of Labor in order more appropriately to reflect the distribution of elements of housing costs of members of the uniformed services. "(3) In making a determination under paragraph (1) of this subsection for a fiscal year, the amount authorized to be paid for the preceding fiscal year for the variable housing allowance shall be adjusted to reflect changes during the year for which the determination is made in the number, grade distribution, and dependency status of members of the uniformed services entitled to variable housing allowance from the number of such members during the preceding fiscal year. Adjustments under this paragraph shall be made in accordance with regulations prescribed under subsection (e) of this section. "(e) The President may prescribe regulations for the administration of this section.". (2) The table of sections at the beginning of such chapter is amended by striking out the item relating to section 403 and inserting in lieu thereof the following: "403. Basic allowance for quarters. "403a. Variable housing allowance.".

Effective date. 37 USC 403a note.

(3) Section 7572(b)(1)(B) of title 10, United States Code, is amended by striking out "section 403" and inserting in lieu thereof "section 403a". (e) Section 405 of title 37, United States Code, is amended— (1) by inserting "(a)" before "Without regard to"; (2) by designating the third sentence as subsection (b) and by inserting "for a member who is on duty outside of the United States" in such sentence after "under this section"; (3) by inserting after such sentence the following new sentence: "A station housing allowance may not be prescribed under this section for a member who is on duty in Hawaii or Alaska."; and (4) by designating the last sentence as subsection (c). (f)(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on January 1, 1985.

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2537

(2) A member who on December 31, 1984, is assigned to a permanent duty station in Alaska or Hawaii and is entitled on that date to a station housing allowance under section 405 of title 37, United States Code, shall, until he departs that station as a result of a permanent change of duty station, be entitled to receive that allowance as if the amendment made by subsection (d) had not been enacted and shall not be entitled to a variable housing allowance under section 403a of this title (as added by subsection (c)). (3) For the period beginning on January 1, 1985, and ending on September 30, 1985, the limitation applicable under subsection (d)(1) of section 403a of title 37, United States Code (as added by subsection (d)), on the total amount that may be paid during a fiscal year for the variable housing allowance authorized members of the uniformed services by that section shall be 15 percent of the median annual costs of housing in the United States for members of the uniformed services as measured during fiscal year 1984. In determining for the purposes of clause (A) of such subsection the total amount authorized to be paid for such allowance for fiscal year 1985, such amount shall be determined as if the amendments made by this section took effect on October 1, 1984.

Ante, p. 2536.

Ante, p. 2534.

Effective date.

REIMBURSEMENT FOR ACCOMMODATIONS IN PLACE OF QUARTERS

SEC. 603. (a) Section 7572(b)(3) of title 10, United States Code, is amended— (1) by striking out "and" after "fiscal year 1983,"; and (2) by inserting ", and $1,421,000 for fiscal year 1985" after "fiscal year 1984". (b) Section 3 of Public Law 96-357 (10 U.S.C. 7572 note) is amended by striking out "September 30, 1984" and inserting in lieu thereof "September 30, 1985".

97 Stat. 640.

97 Stat. 640.

CLARIFICATION OF AUTHORITY TO DENY CERTAIN MEMBERS WITHOUT DEPENDENTS RIGHT TO ELECT TO RECEIVE BASIC ALLOWANCE FOR QUARTERS RATHER THAN OCCUPY MILITARY QUARTERS

S E C 604. (a) Section 403(j)(2) of title 37, United States Code, is amended by striking out "military discipline" and inserting in lieu thereof "a training mission, military discipline,". (b) The amendment made by subsection (a) shall apply only with respect to members making an election under section 403(b) of title 37, United States Code, after September 30, 1984.

Effective date. 37 USC 403 note.

COMMUTATION OF RATIONS FOR RESERVISTS ON INACTIVE DUTY TRAINING WHO ARE UNABLE TO OBTAIN RATIONS IN KIND

SEC. 605. Effective on October 1, 1984, section 402(b) of title 37, United States Code, is amended by adding at the end thereof the following new sentence: "The Secretary concerned may provide an enlisted member who could be provided rations in kind under the preceding sentence with a commutation when rations in kind are not available.". FORFEITURE OF ACCRUED LEAVE BY CERTAIN MEMBERS WHO SERVE ON ACTIVE DUTY LESS THAN SIX MONTHS

SEC. 606. (a) Section 501(e) of title 37, United States Code, is amended—

Effective date.

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 98 STAT. 2538

PUBLIC LAW 98-525—OCT. 19, 1984

(1) by inserting "(D" after "(e)"; and (2) by adding at the end thereof the following new paragraph: "(2) The Secretary concerned may require that a member of a uniformed service who is discharged before completing six months of active duty because of a failure to serve satisfactorily (as determined by the Secretary concerned) forfeit all accrued leave to his credit at the time of his discharge.". Effective date. (b) The amendments made by subsection (a) shall apply in the case 37 USC 501 note. of members of the uniformed service (as defined in section 101(3) of title 37, United States Code) who enlist or are commissioned on or after the date of the enactment of this Act. DENIAL OF CREDIT FOR TIME SPENT IN A DELAYED ENLISTMENT PROGRAM FOR PURPOSES OF COMPUTATION OF BASIC PAY

SEC. 607. (a) Section 205 of title 37, United States Code, is amended by adding at the end thereof the following new subsection: "(e) Notwithstanding subsection (a) of this section, a period served by a member of a uniformed service in a reserve component under an enlistment under section 511 of title 10 before the member— 10 USC 511. "(1) begins service on active duty under subsection (b) of that section, or "(2) begins an initial period of active duty for training under subsection (d) of that section, may not be counted under this section.". Effective date. (b) The amendment made by subsection (a) shall apply to persons 37 USC 205 note. who enlist under section 511 of title 10, United States Code, on or after the first day of the third calendar month which begins after the date of the enactment of this Act. PART B—TRAVEL AND TRANSPORTATION EMERGENCY MEDICAL TRANSPORTATION FOR DEPENDENTS OF MEMBERS

STATIONED I N ALASKA OR HAWAII

SEC. 611. Effective on October 1, 1984, section 1040(a) of title 10, United States Code, is amended by inserting "or in Alaska or Hawaii" after "outside the United States". TRANSPORTATION INCIDENT TO EMERGENCY LEAVE FOR MEMBERS

WHOSE RESIDENCES ARE IN POSSESSIONS OF THE UNITED STATES

SEC. 612. (a)(1) Section 41 Id of title 37, United States Code, is amended to read as follows: "§ 411d. Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents "(a) Under uniform regulations prescribed by the Secretaries concerned, transportation in accordance with subsection (b) of this section may be provided for a member of a uniformed service and for dependents of that member authorized to reside at the member's duty station (or authorized to reside at another location and receive a station allowance) incident to emergency leave granted for reasons of a personal emergency (or in the case of transportation provided only for a dependent, under circumstances involving a personal emergency similar to the circumstances for which emergency leave could be granted a member).

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2539

"(b)(l) In the case of a member stationed outside the continental United States and the dependents of such a member, transportation under this section may be provided from the international airport nearest the location of the member and dependents at the time notification of the personal emergency is received or the international airport nearest the member's permanent duty station (and if the member's dependents reside at another overseas location and receive a station allowance, from that location)— "(A) to the international airport in the continental United States closest to the international airport from which the member and his dependents departed; or "(B) to an airport in Alaska, Hawaii, the Commonwealth of Puerto Rico, any possession of the United States, or any other location outside the continental United States, as determined by the Secretary concerned. "(2) In the case of a member whose domicile is outside the continental United States and who is stationed in the continental United States and the dependents of such a member, transportation under this section may be provided from the international airport in the continental United States nearest the location of the member and dependents at the time notification of the personal emergency is received or the international airport nearest the member's permanent duty station to an international airport in Alaska, Hawaii, the Commonwealth of Puerto Rico, a possession of the United States, or any other location outside the continental United States, as determined by the Secretary concerned. "(3) In the case of a member stationed outside the continental United States whose dependents reside in the continental United States, transportation under this section may be provided for the member as described in paragraph (1) of this subsection and for the dependents as described in paragraph (2) of this subsection. "(4) Whenever transportation is provided under this section, return transportation may be provided to the international airport from which the member or dependent departed or the international airport nearest the member's duty station. "(c) Transportation under this section may be authorized only upon a determination that, considering the nature of the personal emergency involved. Government transportation is not reasonably available. The cost of transportation authorized under this section for a member, or the dependents of a member, may not exceed the cost of Government-procured commercial air travel between the applicable locations described in subsection (b) of this section. "(d) In this section, 'continental United States' means the 48 contiguous States and the District of Columbia.". (2) The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended to read as follows: "411d. Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents.".

(b) The amendment made by subsection (a)(1) shall apply with respect to transportation begun after September 30, 1984. TRAVEL PAY FOR CERTAIN RESERVE COMPONENT INSTRUCTORS

SEC. 613. (a) Section 404(a) of title 37, United States Code, is amended— (1) by striking out "and" at the end of clause (3);

Effective date. 37 USC 4lld note.

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 98 STAT. 2540

PUBLIC LAW 98-525—OCT. 19, 1984

(2) by striking out the period at the end of clause (4) and inserting in lieu thereof "; and"; and (3) by adding at the end the following new clause: "(5) when not on active duty, if assigned to a Reserve school, and attending a reserve training meeting for the purpose of performing duties as an instructor at such meeting, if such meeting is 100 or more miles from the site at which the member would attend paid drills of the Reserve school to which he is assigned.". Effective date. (b) The amendments made by subsection (a) shall apply with 37 USC 404 note, respect to travel performed after September 30, 1984. TRANSPORTATION BETWEEN RESIDENCE AND PLACE OF WORK FOR SENIOR DEFENSE OFFICIALS

SEC. 614. (a) Chapter 157 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 2637.

"§ 2637. Transportation between residence and place of work for senior defense officials "Passenger motor vehicles of the United States may be used to provide transportation between the residences and places of work or employment of the Deputy Secretary of Defense, the Under Secretaries of Defense, and the members of the Joint Chiefs of Staff.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2637. Transportation between residence and place of work for senior defense officials.". PART C—SPECIAL AND INCENTIVE PAYS EXTENSION OF ENLISTMENT AND RENLISTMENT BONUS AUTHORITIES FOR ACTIVE FORCES

97 Stat. 55. 37 USC 308.

SEC. 621. (a) Sections 308(g), 308a(c), and 308f(c) of title 37, United States Code, are amended by striking out "September 30, 1984" and inserting in lieu thereof "September 30, 1987". (b) Section 308 of such title is amended— (1) by striking out "$20,000" in subsection (a)(1) and inserting in lieu thereof "$30,000"; and (2) in subsection (b)— (A) by inserting "(1)" after "(b)"; and (B) by adding at the end thereof the following: "(2) Of the bonuses paid under this section to members of a uniformed service during a fiscal year, not more than 10 percent may exceed $20,000.". EXTENSION OF SPECIAL PAY FOR CERTAIN AVIATION CAREER OFFICERS

SEC. 622. (a) Effective on October 1, 1984, section 301b of title 37, United States Code, is amended— (1) by striking out paragraph (2) of subsection (e) and inserting in lieu thereof the following: "(2) During the period beginning on October 1, 1984, and ending on September 30, 1985, only agreements executed by officers of the Navy may be accepted under this section."; and

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 98 STAT. 2541

PUBLIC LAW 98-525—OCT. 19, 1984

(2) by striking out "September 30, 1984" in subsections (e)(3) and (f) and inserting in lieu thereof "September 30, 1985". (b) Not later than February 1, 1985, the Secretary of Defense shall Report, submit to the Committees on Armed Services of the Senate and the House of Representatives a written report on the adequacy of the incentive pay for aviation career officers provided for in section 301a of title 37, United States Code, to meet the recruiting and retention needs of each of the Armed Forces and on the relationship, if any, between that incentive pay and the special pay for certain Navy pilots provided for in section 301b of such title, as amended by Ante, p. 2540. subsection (a) of this section. The Secretary shall include in the report such recommendations for legislation regarding aviation career incentive and special pay as the Secretary considers appropriate. SPECIAL PAY FOR SEA DUTY AND SPECIAL SKILLS FOR ENLISTED MEMBERS

SEC. 623. (a) The table relating to rates of special pay for enlisted members in section 305aOt)) of title 37, United States Code, is amended to read as follows: "ENLISTED MEMBERS Years of sea duty "Pay grade E-4 E-5 E-6 E-7 E-8 E-9

lor Less $50 60 125 135 165 175

Over 1 Over 2 Over 3 Over 4 Over 5 Over 6 Over? $60 70 135 145 180 195

$125 140 170 215 225 235

$160 175 190 235 255 265

$175 185 210 255 265 280

$175 190 215 260 270 290

$175 205 225 265 280 310

Over 8

$175 $175 220 220 235 245 265 270 285 290 310 310

Years of sea duty Pay grade Over 9 E-4 E-5 E-6 E-7 E-8 E-9

Over 10

$175 220 255 275 300 310

$175 220 265 280 310 320

Over 11 Over 12 Over 13 $175 220 265 300 310 330

$175 220 280 310 320 350

$175 220 295 330 340 370

Over 14 $175 220 310 350 360 390

Over 16 Over 18 $175 220 325 370 380 410

$175

220 340 390 400 410".

(b)(1) Section 307 of such title is amended to read as follows: 37 USC 307. "§ 307. Special pay: special duty assignment pay for enlisted members "(a) An enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) of this section as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $275.

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 98 STAT. 2542

Regulations.

PUBLIC LAW 98-525—OCT. 19, 1984

"(b) The Secretary concerned shall determine which enlisted members under his jurisdiction are to be paid special duty assignment pay under subsection (a) of this section. He shall also designate those skills within each armed force under his jurisdiction for which special duty assignment pay is authorized and shall prescribe the criteria under which members of that armed force are eligible for special duty assignment pay in each skill. He may increase, decrease, or abolish such pay for any skill. "(c) This section shall be administered under 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 the Coast Guard is not operating as a service in the Navy.". (2) The item relating to such section 307 in the table of sections at the beginning of chapter 5 of such title is amended to read as follows: "307. Special pay: special duty assignment pay for enlisted members.".

37 USC 307 note. Ante, p. 2541. Prohibition.

Effective date. 37 USC 305a note.

(3) A member of the uniformed services who, on September 30, 1984, was entitled to special pay under section 307 of title 37, United States Code, as in effect on such date, may continue to be paid the special pay authorized by such section as though the amendments made by this subsection had not been made. However, a member may not be paid the special pay authorized by such section as in effect on September 30, 1984, and the special pay authorized by such section as amended by this section. (c) The amendments made by this section shall take effect on October 1, 1984. ELIMINATION OF CERTAIN CATEGORIES OF INCENTIVE PAY FOR HAZARDOUS DUTY

SEC. 624. (a) Section 301 of title 37, United States Code, is amended— (1) in subsection (a), by striking out clauses (3) and (5) and redesignating clause (4) as clause (3) and clauses (6) through (13) as clauses (4) through (11), respectively; (2) in subsection (c)(1), by striking out "(10), (11), or (12)" and inserting in lieu thereof "or (10),"; and (3) in subsection (c)(2), by striking out "(13)" and inserting in lieu thereof "(11)". 37 USC 301 note. (b) A member of the uniformed services who is entitled on the day before the date of the enactment of this Act to receive incentive pay Supra. under section 301(a)(5) (for the performance of duty involving intimate contact with persons afflicted with leprosy) shall continue to be entitled to such pay under such section as in effect on that day so long as the member continues (without a break) to be assigned to perform such duties on and after that day. PART D—HEALTH CARE MATTERS EXTENSION OF MEDICAL AND DENTAL CARE FOR RESERVES AND NATIONAL GUARD

S E C 631. (a)(1) Section 1074a of title 10, United States Code, is amended to read as follows:

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"§ 1074a. Medical and dental care: members on duty other than active duty; injuries, diseases and illnesses incident to duty "(a) Under joint regulations prescribed by the Secretary of Defense, the Secretary of Transportation, and the Secretary of Health and Human Services, the following persons are entitled to the benefits described in subsection (b): "(1) Each member of a uniformed service who contracts a disease or becomes ill in line of duty while on active duty for a period of 30 days or less, or while traveling to or from that duty. "(2) Each member of the National Guard who contracts a disease or becomes ill in line of duty while on full-time National Guard duty, or while traveling to or from that duty. "(3) Each member of a uniformed service who contracts a disease or becomes ill in line of duty while on inactive duty training under circumstances in which it is determined that the disease or illness was contracted or aggravated as an incident of that inactive duty training. "(4) Each member of a uniformed service who incurs or aggravates an injury while traveling directly to or from the place at which he is to perform, or has performed, inactive duty training, unless the injury is incurred or aggravated as a result of the member's own gross negligence or misconduct. "(b) A person described in subsection (a) is entitled to— "(1) the medical and dental care appropriate for the treatment of his injury, disease, or illness until the resulting disability cannot be materially improved by further hospitalization or treatment; and "(2) subsistence during hospitalization.". (2) The item relating to such section in the table of sections at the beginning of chapter 55 of such title is amended to read as follows: "1074a. Medical and dental care: members on duty other than active duty; injuries, diseases, and illnesses incident to duty..

(b) Section 6148 of such title, relating to certain benefits of members of the Naval Reserve and Marine Corps Reserve, is amended by striking out subsection (d). (c) The amendments made by this section shall apply only with respect to injuries incurred or aggravated and diseases or illnesses contracted or aggravated after September 30, 1984.

10 USC 6148.

10 USC 1074a note.

ENHANCED BENEFITS COVERAGE UNDER CHAMPUS

SEC. 632. (a)(1) Section 1079(a) of title 10, United States Code, is amended by striking out clause (3) and inserting in lieu thereof the following: "(3) not more than one eye examination may be provided to a patient in any calendar year;". (2) Section 1086(a) of such title is amended by adding at the end thereof the following new sentence: "However, eye examinations may not be provided under such plans for persons covered by subsection (c).. (3) The amendments made by this subsection shall apply only to health care furnished after September 30, 1984. (b) The Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall conduct demonstration projects under section 1092 of title 10, United States Code, for the purpose of

10 USC 1086.

10 USC 1079 note. lo USC 1092 note. 97 Stat. 650.

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10 USC 1071 et

PUBLIC LAW 98-525—OCT. 19, 1984

evaluating the cost-effectiveness of chiropractic care. In the conduct of such demonstration projects, chiropractic care (including manual manipulation of the spine and other routine chiropractic procedures authorized under joint regulations prescribed by the Secretary of Defense and the Secretary of Health and Human Services and not otherwise prohibited by law) may be provided as appropriate under chapter 55 of title 10, United States Code.

seq.

AUTHORITY TO PROVIDE DENTAL CARE TO CERTAIN DEPENDENTS IN FACILITIES OF THE UNIFORMED SERVICES

Effective date. 10 USC 1077 note.

SEC. 633. (a) Section 1077(a) of title 10, United States Code, is amended— (1) by striking out clauses (10), (11), and (12) and inserting in lieu thereof the following: "(10) Dental care."; and (2) by redesignating clauses (13) and (14) as clauses (11) and (12), respectively. (b) The amendments made by subsection (a) shall take effect on July 1, 1985. STUDY OF USE BY CHAMPUS OF MEDICARE PROSPECTIVE PAYMENT SYSTEM

42 USC 1395.

Report.

SEC. 634. (a) The Congress finds that— (1) costs of providing medical care under the program administered by the Department of Defense known as the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) have escalated rapidly in recent years; (2) new and innovative methods for control and containment of costs under the CHAMPUS program must be explored; and (3) the adoption for the CHAMPUS program of a prospective payment system for inpatient hospital services like that used by Department of Health and Human Services under title XVIII of the Social Security Act for the Medicare program could provide significant savings for the CHAMPUS program. (b) The Secretary of Defense and the Secretary of Health and Human Services shall jointly study the possible effects of the adoption for the CHAMPUS program of a prospective payment system for inpatient hospital services such as that used by the Department of Health and Human Service for the Medicare program. The study shall address— (1) the advisability and feasibility of requiring by law that a hospital participate in the CHAMPUS program as a condition of participating in Medicare and whether such a requirement is needed in order to ensure adequate participation by hospitals in the CHAMPUS program if a prospective payment system were to be adopted for the CHAMPUS program; and (2) the changes that might be expected if such a system were adopted in the CHAMPUS patient workload and the CHAMPUS aggregate payment levels to various segments of the provider community (including private, public, non-profit, and teaching facilities). (c) Not later than February 28, 1985, the Secretaries shall submit a report to the Committees on Armed Services and Finance of the Senate and the Committees on Armed Services and Ways and

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98 STAT. 2545

Means of the House of Representatives of their findings under the study under subsection (b). The report shall include— (1) such recommendations for changes in the CHAMPUS system of reimbursement as the Secretaries consider appropriate; and (2) the recommendations of the Secretaries on the need for and appropriateness of a requirement by law relating to hospital participation in the CHAMPUS and Medicare programs such as that described in subsection (b)(D. PART E—BENEFITS FOR SURVIVORS AND FORMER SPOUSES EUMINATION OF CERTAIN SOCIAL SECURITY OFFSETS FROM THE SURVIVOR BENEFIT PLAN

SEC. 641. (a) Section 1451(a)(3) of title 10, United States Code, is amended— (1) by striking out "would be entitled" in the first sentence and inserting in lieu thereof "is entitled"; and (2) by striking out the period at the end of the second sentence and inserting in lieu thereof the following: "or to the extent that the benefit to which the beneficiary is entitled is based on the beneficiary's own earnings or self-employment.". (b) The amendments made by subsection (a) shall apply only in the case of payments of annuities payable for periods that begin on or after September 30, 1985.

Effective date, 10 USC 1451 note.

AUTHORITY TO INITIATE PAYMENTS UNDER SURVIVOR ANNUITY PROGRAMS WHEN THE PARTICIPANT IS MISSING

SEC. 642. (a)(1) Section 1437 of title 10, United States Code, is amended— (A) by striking out "subsection (b)" in subsection (a) and inserting in lieu thereof "subsections (b) and (c),"; and (B) by adding at the end thereof the following new subsection: "(c)(1) Upon application of the beneficiary of a member entitled to retired or retainer pay whose retired or retainer pay has been suspended because the member has been determined to be missing, the Secretary concerned may determine for purposes of this subchapter that the member is presumed dead. Any such determination shall be made in accordance with regulations prescribed under section 1444(a) of this title. The Secretary concerned may not make 10 USC 1444. a determination for purposes of this subchapter that a member is presumed dead unless he finds— "(A) that the member has been missing for at least 30 days; and "(B) that the circumstances under which the member is missing would lead a reasonably prudent person to conclude that the member is dead. "(2) Upon a determination under paragraph (1) with respect to a member, an annuity otherwise payable under this subchapter shall be paid as if the member died on the date as of which the retired or retainer pay of the member was suspended. "(3)(A) If, after a determination under paragraph (1), the Secretary concerned determines that the member is alive, any annuity being paid under this subchapter by reason of this subsection shall be promptly terminated and the total amount of any annuity pay-

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PUBLIC LAW 98-525—OCT. 19, 1984

merits made by reason of this subsection shall constitute a debt to the United States which (notwithstanding section 144 of this title) may be collected or offset— "(i) from any retired or retainer pay otherwise payable to the member; "(ii) if the member is entitled to compensation under chapter 38 USC 301 et 11 of title 38, from that compensation; or «^9"(iii) if the member is entitled to any other payment from the United States, from that payment. "(B) If the member dies before the full recovery of the amount of annuity payments described in subparagraph (A) has been made by the United States, the remaining amount of such annuity payments may be collected from the member's beneficiary under this subchapter if that beneficiary was the recipient of the annuity payments made by reason of this subsection.". 10 USC 1440. (2) Section 1440 of such title is amended by striking out "No" and inserting in lieu thereof "Except as provided in section 1437(c)(3) of this title, no". 10 USC 1450. (b) Section 1450 of such title is amended— (1) by striking out "An" in subsection (i) and inserting in lieu thereof "Except as provided in subsection (1), an"; and (2) by adding at the end thereof the following new subsection: "(1)(1) Upon application of the beneficiary of a participant in the plan whose retired or retainer pay has been suspended on the basis that the participant is missing (or of a participant in the plan who 10 USC 1331 et would be eligible for retired pay under chapter 67 of this title but for seq. the fact that he is under 60 years of age and whose retired pay, if he were entitled to retired pay, would be suspended on the basis that he is missing), the Secretary concerned may determine for purposes of this subchapter that the participant is presumed dead. Any such determination shall be made in accordance with regulations prescribed under section 1455 of this title. The Secretary concerned may not make a determination for purposes of this subchapter that a participant is presumed dead unless he finds— "(A) that the participant has been missing for at least 30 days; and "(B) that the circumstances under which the participant is missing would lead a reasonably prudent person to conclude that the participant is dead. "(2) Upon a determination under paragraph (1) with respect to a participant in the Plan, an annuity otherwise payable under the provision of this subchapter shall be paid as if the participant died on the date as of which the retired or retainer pay of the participant was suspended. "(3)(A) If, after a determination under paragraph (1), the Secretary concerned determines that the participant is alive, any annuity being paid under this subchapter by reason of this subsection shall be terminated and the total amount of any annuity payments made by reason of this subsection shall constitute a debt to the United States which (notwithstanding subsection (h)) may be collected or offset— "(i) from any retired or retainer pay otherwise payable to the participant; "(ii) if the participant is entitled to compensation under 38 USC 301 et chapter 11 of title 38, from that compensation; or seq. "(iii) if the participant is entitled to any other payment from the United States, from that payment.

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98 STAT. 2547

"(B) If the participant dies before the full recovery of the amount of annuity payments described in subparagraph (A) has been made by the United States, the remaining amount of such annuity payments may be collected from his beneficiary under the Plan if that beneficiary was the recipient of the annuity payments made by reason of this subsection.". CLARIFICATION OF AUTHORITY TO ENFORCE CERTAIN COURT ORDERS IN CONNECTION WITH THE PAYMENT OF RETIRED OR RETAINER PAY TO FORMER SPOUSES

SEC. 643. (a) Subsection (a)(2)(C) of section 1408 of title 10, United States Code, is amended by inserting "in the case of a division of property," before "specifically provides for". (b) Subsection (b)(1)(C) of such section is amended by inserting ", if possible," after "include". (c)(1) The first sentence of paragraph (1) of subsection (d) of such Child support. section is amended to read as follows: "After effective service on the Alimony. Secretary concerned of a court order providing for the payment of child support or alimony or, with respect to a division of property, specifically providing for the payment of an amount of the disposable retired or retainer pay from a member to the spouse or a former spouse of the member, the Secretary shall make payments (subject to the limitations of this section) from the disposable retired or retainer pay of the member to the spouse or former spouse in an amount sufficient to satisfy the amount of child support and alimony set forth in the court order and, with respect to a division of property, in the amount of disposable retired or retainer pay specifically provided for in the court order.". (2) The first sentence of paragraph (5) of such subsection is amended by striking out "disposable retired or retainer pay" the first place it appears and all that follows through "any part" and inserting in lieu thereof "child support or alimony or the payment of an amount of disposable retired or retainer pay as the result of the court's treatment of such pay under subsection (c) as property of the member and his spouse, the Secretary concerned shall pay (subject to the limitations of this section) from the disposable retired or retainer pay of the member to the spouse or former spouse of the member, any part". (d)(1) Paragraph (2) of subsection (e) of such section is amended by striking out "from the disposable retired or retainer pay of a member, such pay" and inserting in lieu thereof ", the disposable retired or retainer pay of the member". (2) Paragraph (3)(A) of such subsection is amended— (A) by striking out "from the disposable retired or retainer pay"; (B) by striking out "the least amount of disposable retired or retainer pay" in clause (i) and inserting in lieu thereof "from the member's disposable retired or retainer pay the least amount"; and (C) by striking out "of retired or retainer pay" in clause (ii)(I). (3) The first sentence of paragraph (4)(A) of such subsection is amended— (A) by striking out "the retired or retainer pay of; and (B) by striking out "such court orders and legal process shall be satisfied" and inserting in lieu thereof "satisfaction of such

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 98 STAT. 2548

Effective date. 10 USC 1408 note.

PUBLIC LAW 98-525—OCT. 19, 1984

court orders and legal process from the retired or retainer pay of the member shall be". (4) The first sentence of paragraph (5) of such subsection is amended— (A) by striking out "of disposable retired or retainer pay" both places it appears; and (B) by striking out "such pay" and inserting in lieu thereof "disposable retired or retainer pay". (e) The amendments made by this section shall apply with respect to court orders for which effective service (as described in section 1408(b)(1) of title 10, United States Code, as amended by subsection (b) of this section) is made on or after the date of the enactment of this Act. CLARIFICATION OF AUTHORITY TO ELECT FORMER SPOUSES AS BENEFICIARIES UNDER THE SURVIVOR BENEFIT PLAN

SEC. 644. Section 1450(f) of title 10, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): "(3)(A) If a person described in paragraph (2) or (3) of section 1448(b) of this title enters, incident to a proceeding of divorce, dissolution, or annulment, into a voluntary written agreement to elect under section 1448(b) of this title to provide an annuity to a former spouse and such agreement has been incorporated in or ratified or approved by a court order, and such person then fails or refuses to make such an election, such person shall be deemed to have made such an election if the Secretary concerned receives a written request, in such manner as the Secretary shall prescribe, from the former spouse concerned requesting that such an election be deemed to have been made and receives a copy of the court order, regular on its face, which incorporates, ratifies, or approves the voluntary written agreement of such person. "(B) An election may not be deemed to have been made under subparagraph (A) in the case of any person unless the Secretary concerned receives a request from the former spouse of the person before October 1, 1985, or within one year of the date of the court order involved, whichever is later. "(C) An election deemed to have been made under subparagraph (A) shall become effective on the first day of the first month which begins after the date of the court order involved.". MISCELLANEOUS RIGHTS AND BENEFITS FOR FORMER SPOUSES

SEC. 645. (a) Section 1072(2) of title 10, United States Code, is amended— (1) by striking out "and" at the end of clause (E); (2) by striking out the period at the end of clause (F) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new clause: "(G) a person who (i) is the unremarried former spouse of a member or former member who performed at least 20 years of service which is creditable in determining the member or former member's eligibility for retired or retainer pay, or equivalent pay, and on the date of the final

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98 STAT. 2549

decree of divorce, dissolution, or annulment before April 1, 1985, had been married to the member or former member for a period of at least 20 years, at least 15 of which, but less than 20 of which, were during the period the member or former member performed service creditable in determining the member or former member's eligibility for retired or retainer pay, and (ii) does not have medical coverage under an employer-sponsored health plan.". (b) Section 1006(d) of the Uniformed Services Former Spouses' Protection Act (title X of Public Law 97-252; 96 Stat. 738) is amended— (1) by striking out "only i f and inserting in lieu thereof "whether"; and (2) by striking out "dated on or after" and all that follows through the end of the sentence and inserting in lieu thereof "dated before, on, or after February 1, 1983.". (c) A person who would qualify as a dependent under section 1072(2)(G) of title 10 (as added by subsection (a)) but for the fact that the person's final decree of divorce, dissolution, or annulment is dated on or after April 1, 1985, shall be considered to be a dependent under such section during the two-year period beginning on the date of such final decree. (d) The amendments made by subsections (a), (b), and (c) shall be effective on January 1, 1985, and shall apply with respect to health care furnished on or after that date.

10 USC 1408 note.

10 USC 1072 note. Ante, p. 2548.

Effective date. 10 USC 1072 note.

PART F—MISCELLANEOUS LEGAL ASSISTANCE PROGRAMS

SEC. 651. (a) Chapter 53 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 1044. Legal assistance "(a) Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to— "(1) members of the armed forces under his jurisdiction who are on active duty; "(2) members and former members under his jurisdiction entitled to retired or retainer pay or equivalent pay; and "(3) dependents of members and former members described in clauses (1) and (2). "(b) Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary is responsible for the establishment and supervision of legal assistance programs under this section. "(c) This section does not authorize legal counsel to be provided to represent a member or former member of the armed forces, or the dependent of a member or former member, in a legal proceeding if the member or former member can afford legal fees for such representation without undue hardship. "(d) The Secretary concerned shall define 'dependent' for the purposes of this section.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1044. Legal assistance.".

10 USC 1044.

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 98 STAT. 2550

PUBLIC LAW 98-525—OCT. 19, 1984

LIMITATION ON TRANSPORTATION OF MOTOR VEHICLES THROUGH GUAM

Effective date. Termination date.

Report.

Japan.

SEC. 652. (a) Regulations of the Department of Defense providing for transportation at Government expense of motor vehicles owned by members of the Armed Forces incident to a permanent change of duty station may not authorize the transportation at Government expense from Guam during any month of more than 100 motor vehicles that are owned by members of the Armed Forces who are making permanent changes of duty station from locations outside the United States (other than in Guam) and who are using Guam as an alternate port of shipment. (b) Subsection (a) shall apply with respect to the transportation of motor vehicles during the period beginning with the month after the month in which this Act is enacted and ending with September 1985, After that period transportation of motor vehicles from Guam under the circumstances described in subsection (a) may be provided at Government expense only as specifically authorized by law after the date of the enactment of this Act. (c) Not later than February 15, 1985, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report with respect to the transportation through Guam of motor vehicles owned by members of the Armed Forces. The report shall include— (1) a description of the nature and extent of the burden imposed on members of the Armed Forces by assignment to Japan because they may not (under Japanese law) take into Japan a motor vehicle not manufactured for use in Japan; (2) a review of alternative programs that could be provided to alleviate the burden of assignment to Japan described in clause (1), including a review of the existing policy to which the limitation in subsection (a) is applicable under which a member of the Armed Forces making a permanent change of station from Japan may purchase a motor vehicle through Guam; and (3) an analysis of the impact on Guam (including the economy of Guam) of the termination of such policy. PERSONAL VEHICLES OF UNITED STATES MILITARY PERSONNEL IN JAPAN

SEC. 653. (a) The Congress finds that— (1) the Government of Japan does not permit members of the Armed Forces of the United States to take their motor vehicles into Japan for their personal use while assigned to a duty station in Japan unless such vehicles are modified to satisfy certain requirements of the Government of Japan; (2) as a result of the restriction referred to in clause (1), members of the Armed Forces typically need to sell their personal motor vehicles before departing the United States to report to a duty station in Japan, to purchase vehicles in Japan for personal use while stationed in Japan, to sell such purchased vehicles before departing Japan to return to the United States, and to purchase vehicles in the United States upon the return; (3) members of the Armed Forces incur a substantial financial burden in connection with the repeated sale and replacement of personal vehicles; (4) the United States permits members of the Armed Forces of foreign nations to bring unmodified vehicles into the United

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title: Author:Clémence Royer


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98 STAT. 2551

States for their personal use while assigned to duty stations in the United States; and (5) the United States provides a substantial contribution to the defense of Japan and the waters surrounding Japan. (b) Considering the findings set out in subsection (a), it is the sense of the Congress that the President, acting through the Secretary of Defense and the Secretary of State, should enter into negotiations with the Government of Japan for the purpose of obtaining the agreement of such government not to require the modification of the Personal motor vehicles of members of the Armed Forces of the United States brought into Japan for their personal use while stationed in Japan. (c) Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall transmit to the Congress a written report relating to the matters described in subsection (a). The report shall include— (1) a description of any negotiations carried out with the Government of Japan; and (2) a description of the other actions the Government of the United States can reasonably take to obtain an agreement described in subsection (b).

President of U.S. International agreement.

Report.

AUTHORITY FOR VOLUNTARY WITHHOLDING OF STATE INCOME TAXES FROM RETIRED AND RETAINER PAY

SEC. 654. (a) Chapter 53 of title 10, United States Code, is amended by adding after section 1044 (as added by section 651) the following new section: "§ 1045. Voluntary withholding of State income tax from retired or retainer pay "(a) The Secretary concerned shall enter into an agreement under this section with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Secretary concerned shall withhold State income tax from the monthly retired or retainer pay of any member or former member entitled to such pay who voluntarily requests such withholding in writing. The amounts withheld during any calendar quarter shall be retained by the Secretary concerned and disbursed to the States during the month following that calendar quarter. "(b) A member or former member may request that the State designated for withholding be changed and that the withholdings be remitted in accordance with such change. A member or former member also may revoke any request of such member or former member for withholding. Any request for a change in the State designated and any revocation is effective on the first day of the month after the month in which the request or revocation is processed by the Secretary concerned, but in no event later than on the first day of the second month beginning after the day on which the request or revocation is received by the Secretary concerned. "(c) A member or former member may have in effect at any time only one request for withholding under this section and may not have more than two such requests in effect during any one calendar year. "(d)(1) This section does not give the consent of the United States to the application of a statute that imposes more burdensome requirements on the United States than on employers generally or

Ante, p. 2549. 10 USC 1045.

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Prohibition.

PUBLIC LAW 98-525—OCT. 19, 1984

that subjects the United States or any member or former member entitled to retired or retainer pay to a penalty or liability because of this section. "(2) The Secretary concerned may not accept pay from a State for services performed in withholding State income taxes from retired or retainer pay. "(3) Any amount erroneously withheld from retired or retainer pay and paid to a State by the Secretary concerned shall be repaid by the State in accordance with regulations prescribed by the Secretary concerned. "(e) In this section: "(1) 'State' means any State, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. "(2) 'Secretary concerned' includes the Secretary of Health and Human Services with respect to the commissioned corps of the Public Health Service and the Secretary of Commerce with respect to the commissioned corps of the National Oceanic and Atmospheric Administration.". (b) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1044 (as added by section 651) the following new item: "1045. Voluntary withholding of State income tax from retired or retainer pay.". RECOMPUTATION OF RETIRED PAY OF CERTAIN RECALLED RETIREES

10 USC 1402 note.

Effective date.

SEC. 655. (a) Notwithstanding the second sentence of footnote 1 of the table contained in section 1402(a) of title 10, United States Code (relating to recomputation of retired pay to reflect later active duty), in the case of a member of the Armed Forces who— (1) was voluntarily called or ordered to active duty during the period beginning on October 1, 1963, and ending on September 30, 1971; (2) was at the time of such call or order entitled to retired pay or retainer pay; (3) served on such active duty under such call or order for a continuous period of at least two years; and (4) was released from such active duty before October 1, 1973, the retired or retainer pay of such member shall be recomputed, as provided in subsection (b), under the rates of basic pay in effect at the time of that release from active duty. (b) The retired or retainer pay of a member of the Armed Forces described in subsection (a) shall be the amount determined under section 1402(a) of title 10, United States Code (as modified with respect to such member by subsection (a)), and increased by the amount by which the member's retired or retainer pay would have been increased during the period beginning on the date of the member's release from active duty referred to in subsection (a)(4) and ending on the day before the day on which this section becomes effective had subsection (a) applied in the case of the member at the time of that release from active duty. (c) This section shall apply only with respect to retired pay and retainer pay payable for months beginning after September 30, 1984, or on or after the date of the enactment of this Act, whichever is later.

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98 STAT. 2553

DELAY OF EFFECTIVE DATE FOR FEE FOR VETERINARY SERVICES

SEC. 656. Section 1033 of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 672), is amended by striking out "October 1, 1984" and inserting in lieu thereof "October 1, 1985". TITLE VII—EDUCATIONAL ASSISTANCE PROGRAMS

Veterans' Educational Assistance Act of

SHORT TITLE r,,^,

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,.,,

,

..

,

lo use 133 note.

^1

SEC. 701. This title may be cited as the Assistance Act of 1984".

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38 USC 101 note.

Veterans Educational

NEW EDUCATIONAL ASSISTANCE PROGRAM

SEC. 702. (a)(1) Title 38, United States Code, is amended by inserting before chapter 31 the following new chapter: "CHAPTER 30—ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM "SUBCHAPTER I—PURPOSES; DEFINITIONS "Sec. "1401. Purposes. "1402. Definitions. "1411. "1412. "1413. "1414. "1415. "1416.

"SUBCHAPTER II-BASIC EDUCATIONAL ASSISTANCE Basic educational assistance entitlement for service on active duty. Basic educational assistance entitlement for service in the Selected Reserve. Duration of basic educational assistance. Payment of basic educational assistance. Amount of basic educational assistance. Inservice enrollment in a program of education.

"SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL ASSISTANCE "1421. Supplemental educational assistance for additional service. "1422. Amount of supplemental educational assistance. "1423. Payment of supplemental educational assistance under this chapter. "SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS 1431. Time limitation for use of eligibility and entitlement. 1432. Limitation on educational assistance for certain individuals. 1433. Bar to duplication of educational assistance benefits. 1434. Program administration. 1435. Allocation of administration and of program costs. 1436. Reporting requirement.

"Subchapter I—Purposes; Dennitions "§ 1401. Purposes 38 USC i40i. "The purposes of this chapter are— "(1) to provide a new educational assistance program to assist in the readjustment of members of the Armed Forces to civilian life after their separation from military service; "(2) to promote and assist the All-Volunteer Force program and the Total Force Concept of the Armed Forces by establishing a new program of educational assistance based upon service on active duty or a combination of service on active duty and in the Selected Reserve (including the National Guard) to aid in

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Page:United States Statutes at Large Volume 98 Part 3.djvu/182

 98 STAT. 2554

PUBLIC LAW 98-525—OCT. 19, 1984 the recruitment and retention of highly quahfied personnel for both the active and reserve components of the Armed Forces; and "(3) to give special emphasis to providing educational assistance benefits to aid in the retention of personnel in the Armed Forces.

38 USC 1402.

38 USC 1652.

10 USC 268.

10 USC 511.

38 USC 1411.

"§ 1402. Definitions "For the purposes of this chapter— "(1) The term 'basic educational assistance' means educational assistance provided under subchapter II of this chapter. "(2) The term 'supplemental educational assistance' means educational assistance provided under subchapter III of this chapter. "(3) The term 'program of education' has the meaning given such term in section 1652(b) of this title. "(4) The term 'Selected Reserve' means the Selected Reserve of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air National Guard of the United States) of the Armed Forces, as required to be maintained under section 268(b) of title 10. "(5) The term 'Secretary' means the Secretary of Defense with respect to members of the Armed Forces under the jurisdiction of the Secretary of a military department and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. "(6) The term 'active duty' does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 511(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. "Subchapter II—Basic Educational Assistance "§ 1411. Basic educational assistance entitlement for service on active duty "(a) Except as provided in subsection (c) of this section each individual— "(1) who— "(A) during the period beginning on July 1, 1985, and ending on June 30, 1988, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and— "(i) who (I) serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose initial period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or "(ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a serviceconnected disability or for hardship, or (II) for the convenience of the Government, in the case of an indi-

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Page:United States Statutes at Large Volume 98 Part 3.djvu/183

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2555

vidual who completed not less than 20 months of active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of active duty if the initial obligated period of active duty of the individual was at least three years; or "(B) as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title and with- 38 USC 1651 out a break in service on active duty since December 31, etseq. 1976, and— "(i) after June 30, 1985, serves at least three years of continuous active duty in the Armed Forces; or "(ii) after June 30, 1985, is discharged or released from active duty (I) for a service-connected disability or for hardship, or (II) for the convenience of the Government, if the individual completed not less than 30 months of active duty after that date; "(2) who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and "(3) who, after completion of the service described in clause (1) of this subsection— "(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; "(B) continues on active duty; or "(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service; is entitled to basic educational assistance under this chapter. "(b) The basic pay of any individual described in subsection (a)(l)(A) of this section who does not make an election under subsection (c)(1) of this section shall be reduced by $100 for each of the first 12 months that such individual is entitled to such pay. Amounts withheld from basic pay under this subsection shall revert to the Treasury. "(c)(1) An individual described in subsection (a)(1)(A) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter. "(2) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy or upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under 10 USC 2107. this section. "§ 1412. Basic educational assistance entitlement for service in the 38 USC 1412. Selected Reserve "(a) Except as provided in subsection (c) of this section, each individual— "(1) who—

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Page:United States Statutes at Large Volume 98 Part 3.djvu/184

 98 STAT. 2556

38 USC 1651 ^^^^9-

PUBLIC LAW 98-525—OCT. 19, 1984

"(A) during the period beginning on July 1, 1985, and ending on June 30, 1988, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and— "(i) serves at least two years of continuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service; and "(ii) subject to subsection (b) of this section and after completion of the service on active duty described in subclause (i) of this clause, serves at least four years of continuous duty in the Selected Reserve during which the individual participates satisfactorily in training as required by the Secretary concerned; or "(B) as of December 31, 1989, is eligible for educational assistance under chapter 34 of this title and without a break in service on active duty since December 31, 1976, and— "(i) after June 30, 1985, serves at least two years of continuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service; and "(ii) after June 30, 1985, subject to subsection (b) of this section and after completion of such two years of service, serves at least four continuous years in the Selected Reserve during which the individual participates satisfactorily in training as prescribed by the Secretary concerned; "(2) who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and "(3) who, after completion of the service described in clause (1) of this subsection— "(A) is discharged from service with an honorable discharge, is placed on the retired list, or is transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service in the Selected Reserve characterized by the Secretary concerned as honorable service; or "(B) continues on active duty or in the Selected Reserve; is entitled to basic educational assistance under this chapter. "(b)(1) The requirement of four years of service under clauses (l)(A)(ii) and (l)(B)(ii) of subsection (a) of this section is not applicable to an individual who is discharged or released from service in the Selected Reserve for a service-connected disability, for hardship, or (in the case of an individual discharged or released after three and one-half years of service) for the convenience of the Government. "(2) Continuity of service of a member in the Selected Reserve for purposes of such clauses shall not be considered to be broken— "(A) by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of the member's Armed Force that the member is eligible to join or that has a vacancy; or "(B) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the

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Author:Tomiichi Murayama

Works

 * "On the occasion of the 50th anniversary of the war's end" (1995)

title: Author:Tomiichi Murayama


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Page:United States Statutes at Large Volume 98 Part 3.djvu/185

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2557

Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose. "(c) The basic pay of any individual described in subsection (a)(1)(A) of this section who does not make an election under subsection (d)(1) of this section shall be reduced by $100 for each of the first 12 months that such individual is entitled to such pay. Amounts withheld from basic pay under this paragraph shall revert to the Treasury, "(d)(1) An individual described in subsection (a)(l)(A) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter. "(2) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy or upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under lo USC 2107. this section. "§ 1413. Duration of basic educational assistance 38 USC 1413. "(a)(1) Subject to section 1795 of this title and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under section 1411 of this title is entitled to Ante, p. 2554. 36 months of educational assistance benefits under this chapter (or the equivalent thereof in part-time educational assistance). "(2) In the case of an individual described in section 1411(a)(l)(A)(ii)(I) of this title who is not also described in section 1411(a)(l)(A)(i) of this title or an individual described in section 1411(a)(l)(B)(iiXI) of this title who is not also described in section 1411(a)(l)(B)(i) of this title, the individual is entitled to one month of educational assistance benefits under this chapter for each month of active duty served by such individual. "(b) Subject to section 1795 of this title and subsection (c) of this section, each individual entitled to basic educational assistance under section 1412 of this title is entitled to (1) one month of Ante, p. 2555. educational assistance benefits under this chapter for each month of active duty served by such individual, and (2) one month of educational assistance benefits under this chapter for each four months served by such individual in the Selected Reserve (other than any month in which the individual served on active duty). "(c) No individual may receive basic educational assistance benefits under this chapter for a period in excess of 36 months (or the equivalent thereof in part-time educational assistance). "§ 1414. Payment of basic educational assistance 38 USC 1414. "The Administrator shall pay to each individual entitled to basic educational assistance who is pursuing an approved program of education a basic educational assistance allowance to help meet, in part, the expenses of such individual's subsistence, tuition, fees, supplies, books, equipment, and other educational costs. "§ 1415. Amount of basic educational assistance 38 USC 1415. "(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561. provided in subsections (b) and (c) of this section, a basic educational assistance allowance under this subchapter shall be paid— "(1) at the monthly rate of $300 for an approved program of education pursued on a full-time basis; or

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Page:United States Statutes at Large Volume 98 Part 3.djvu/186

 98 STAT. 2558 Regulations.

Ante, p. 2554.

Regulations.

Regulations.

38 USC 1651 et seq.

38 USC 1416.

Ante, p. 2555. Ante, p. 2554.

PUBLIC LAW 98-525—OCT. 19, 1984

"(2) at an appropriately reduced rate, as determined under regulations which the Administrator shall prescribe, for an approved program of education pursued on less than a full-time basis. "(b) In the case of an individual entitled to an educational assistance allowance under section 1411 of this title and whose initial obligated period of active duty is two years, a basic educational assistance allowance under this chapter shall be paid— "(1) at the monthly rate of $250 for an approved program of education pursued on a full-time basis; or "(2) at an appropriately reduced rate, as determined under regulations which the Administrator shall prescribe, for an approved program of education pursued on less than a full-time basis. "(c) In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, the Secretary concerned, pursuant to regulations to be prescribed by the Secretary, may increase the rate of the basic educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsections (a) and (b) of this section as the Secretary considers appropriate, but the amount of any such increase may not exceed $400 per month. "(d)(1) Subject to paragraph (2) of this subsection, in the case of an individual who on December 31, 1989, was entitled to educational assistance under chapter 34 of this title, the rate of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal to one-half of the educational assistance allowance that would be applicable to such individual under such chapter 34 (as of the time the assistance under this chapter is provided and based on the rates in effect on December 31, 1989) if such chapter were in effect. "(2) The number of months for which the rate of the basic educational assistance allowance applicable to an individual is increased under paragraph (1) of this subsection may not exceed the number of months of entitlement to educational assistance under chapter 34 of this title that the individual had remaining on December 31, 1989. "§ 1416. Inservice enrollment in a program of education "A member of the Armed Forces who has completed at least two years of service on active duty after June 30, 1985, has continued on active duty or in the Selected Reserve without a break in service (except as described in section 1412(b)(2) of this title), and who but for section 1411(a)(l) or 1412(a)(l) of this title would be eligible for basic educational assistance may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1411(a)(l) or 1412(a)(l) of this title.

"Subchapter Ill—SuppIemental Educational Assistance 38 USC 1421. Regulations.

"§ 1421. Supplemental educational assistance for additional service "(a) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 1411 of this title who— "(1) serves five or more consecutive years of active duty in the Armed Forces in addition to the years of active duty counted under section 1411(a)(l) of this title without a break in such service; and

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Page:United States Statutes at Large Volume 98 Part 3.djvu/187

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2559

"(2) after completion of the service described in clause (1) of this subsection— "(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; "(B) continues on active duty without a break in service; or "(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service. "(b) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 1412 of t h i s title who—

Regulations.

Ante, p. 2555.

"(1) serves two or more consecutive years of active duty in the Armed Forces in addition to the years of active duty counted under section 1412(a)(1) of this title and four or more consecutive years of duty in the Selected Reserve in addition to the years of duty in the Selected Reserve counted under such section without a break in service; and "(2) after completion of the service described in clause (1) of this subsection— "(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or "(B) continues on active duty or in the Selected Reserve. "(c) Continuity of service of a member in the Selected Reserve for purposes of subsection (b)(1) of this section shall not be considered to be broken— "(1) by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of his Armed Force that the member is eligible to join or that has a vacancy; or "(2) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose. "(d) A period of active duty or duty in the Selected Reserve that occurs before the period of duty by which the individual concerned qualifies for basic educational assistance may not be counted for purposes of this section. "§ 1422. Amount of supplemental educational assistance 38 USC 1422. "(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561. provided under subsection (b) of this section, supplemental educational assistance under section 1421 of this title shall be paid— Ante, p. 2558. "(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or "(2) at an appropriately reduced rate, as determined under regulations which the Administrator shall prescribe, for an approved program of education pursued on less than a full-time basis. "(b) In the case of a member of the Armed Forces for whom the Regulations. Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the

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Page:United States Statutes at Large Volume 98 Part 3.djvu/188

 98 STAT. 2560

PUBLIC LAW 98-525—OCT. 19, 1984

Secretary concerned, pursuant to regulations to be prescribed by the Secretary, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month. 38 USC 1423.

"§ 1423. Payment of supplemental educational assistance under this subchapter "The Administrator shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled. "Subchapter IV—Time Limitation for Use of Eligibility and Entitlement; General and Administrative Provisions

38 USC 1431.

Ante, pp. 2554, 2555.

Regulations.

"§ 1431. Time limitation for use of eligibility and entitlement "(a) Except as provided in subsections (b) through (d) of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual's entitlement expires at the end of the 10-year period beginning on (1) the date of such individual's last discharge or release from active duty, or (2) the last day on which such individual becomes entitled to such assistance, whichever is later. "(b) In the case of any eligible individual who has been prevented, as determined by the Administrator, from pursuing a program of education under subchapter II or III of this chapter within the 10year period prescribed by subsection (a) of this section because such individual had not met the nature of discharge requirement of such subchapter before (1) the nature of such individual's discharge or release was changed by appropriate authority, or (2) with respect to educational assistance under subchapter II of this chapter, the Administrator determined, under regulations prescribed by the Administrator, that such discharge or release was under conditions described in section 1411(a)(3) or 1412(a)(3) of this title, such 10-year period shall not run during the period of time that such individual was so prevented from pursuing such program of education. "(c) In the case of an individual eligible for educational assistance under the provisions of this chapter who, after such individual's last discharge or release from active duty, was detained by a foreign government or power, the 10-year period described in subsection (a) of this section shall not run (1) while such individual is so detained, or (2) during any period immediately following such individual's release from such detention during which such individual is hospitalized at a military, civilian, or Veterans' Administration medical facility. "(d) In the case of an individual eligible for educational assistance under this chapter— "(1) who was prevented from pursuing such individual's chosen program of education before the expiration of the 10year period for use of entitlement under this chapter otherwise applicable under this section because of a physical or mental disability which was not the result of the individual's own willful misconduct, and "(2) who applies for an extension of such 10-year period within one year after (A) the last day of such period, or (B) the

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Page:United States Statutes at Large Volume 98 Part 3.djvu/189

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2561

last day on which such individual was so prevented from pursuing such program, whichever is later, such 10-year period shall not run with respect to such individual during the period of time that such individual was so prevented from pursuing such program and such 10-year period will again begin running on the first day following such individual's recovery from such disability on which it is reasonably feasible, as determined under regulations which the Administrator shall prescribe, for such individual to initiate or resume pursuit of a program of education with educational assistance under this chapter. "(e)(1) If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual's entitlement under this chapter would, under this section, expire during a quarter or semester, such period shall be extended to the end of such quarter or semester. "(2) If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual's entitlement under this chapter would, under this section, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension. "1432. Limitation on educational assistance for certain individuals "(a) In the case of an individual entitled to educational assistance under this chapter who is pursuing a program of education— "(1) while on active duty; or "(2) on less than a half-time basis, the amount of the monthly educational assistance allowance payable to such individual under this chapter is the amount determined under subsection (b) of this section. "(b) The amount of the educational assistance allowance payable to an individual described in subsection (a) of this section is the lesser of (1) the amount of the educational assistance allowance otherwise payable to such individual under this chapter, or (2) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay.

38 USC 1432.

"§ 1433. Bar to duplication of educational assistance benefits "(a)(1) An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive assistance under both programs concurrently but shall elect (in such form and manner as the Administrator may prescribe) under which program to receive educational assistance. "(2) An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990. "(b) A period of service counted for purposes of repayment under section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note), of an education loan may not also be counted

38 USC 1433.

38 USC 1500 et seq.; 1651 et seq.; p^ 2564-^0 i^C^' 2141 et'seq. 38 USC 1651 et seq.

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