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 98 STAT. 2562

Post, p. 2564. Ante, p. 2555. 38 USC 1434.

38 USC 1770, 1780.

Regulations.

38 USC 1435.

Ante, p. 2554.

Ante, p. 2557.

Post, p. 2568.

PUBLIC LAW 98-525—OCT. 19, 1984

for purposes of entitlement to educational assistance under this chapter, "(c) An individual who is entitled to educational assistance under chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under section 1412 of this title. "§ 1434. Program administration "(a) Except as otherwise provided in this chapter, the provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and 1792 of such chapter) shall be applicable to the provision of educational assistance under this chapter. The term 'eligible veteran', as used in those provisions, shall be deemed to include an individual who is eligible for educational assistance under this chapter. "(b) An educational assistance allowance for any period may not be paid to an individual enrolled in or pursuing a program of education under this chapter until the Administrator has received— "(1) from such individual a certification as to such individual's actual attendance during such period; and "(2) from the educational institution a certification, or an endorsement of the individual's certificate, that such individual was enrolled in and pursuing a program of education during such period. "(c) Regulations prescribed by the Secretary of Defense under this chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department. "§ 1435. Allocation of administration and of program costs "(a) Except to the extent otherwise specifically provided in this chapter, the educational assistance programs established by this chapter shall be administered by the Veterans' Administration. "(b)(1) Except to the extent provided in paragraph (2) of this subsection, payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or otherwise available to, the Veterans' Administration for the payment of readjustment benefits. "(2) Payments for entitlement earned under subchapter II of this chapter that is established under section 1415(c) of this title at a rate in excess of the rate prescribed under section 1415(a) of this title shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Transportation, as appropriate. "(c) Payments for educational assistance provided under subchapter III of this chapter shall be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Transportation, as appropriate. "(d) Funds for the payment by the Administrator of benefits under this chapter that are to be paid from the Department of Defense Education Benefits Fund shall be transferred to the Veterans' Administration from such Fund as necessary and in accordance with agreements entered into under section 2006 of title 10 by the Administrator, the Secretary of Defense, and the Secretary of the

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2563

Treasury. Funds for the payment by the Administrator of benefits under this chapter that are to be paid from appropriations made to the Department of Transportation shall be transferred to the Veterans' Administration as necessary. The Administrator and the Secretary of Transportation shall enter into an agreement for the manner in which such transfers are to be made. "§ 1436. Reporting requirement 38 USC 1436. "(a) The Secretary of Defense and the Administrator shall submit to the Congress at least once every two years separate reports on the operation of the program provided for in this chapter. "(b) The Secretary shall include in each report submitted under this section— "(1) information indicating (A) the extent to which the benefit levels provided under this chapter are adequate to achieve the purposes of inducing individuals to enter and remain in the Armed Forces and of providing an adequate level of financial assistance to help meet the cost of pursuing a program of education, and (B) whether it is necessary for the purposes of maintaining adequate levels of well-qualified active-duty personnel in the Armed Forces to continue to offer the opportunity for educational assistance under this chapter to individuals who have not yet entered active-duty service; and "(2) such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Secretary considers appropriate. "(c) The Administrator shall include in each report submitted under this section— "(1) information concerning the level of utilization of educational assistance and of expenditures under this chapter; and "(2) such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Administrator considers appropriate. "(d)(1) The first report by the Secretary of Defense under this section shall be submitted not later than January 1, 1986. "(2) The first report by the Administrator under this section shall be submitted not later than January 1, 1988.". (2) The tables of chapters at the beginning of such title and at the beginning of part III of such title are each amended by inserting above the item relating to chapter 31 the following new item: "30. All-Volunteer Force Educational Assistance Program

1401".

(b) Subchapter III of chapter 30 of title 38, United States Code, as added by subsection (a), shall take effect on July 1, 1986. (c) Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the desirability and the feasibility of permitting members of the Armed Forces entitled to educational assistance under chapter 30 of title 38, United States Code (as added by subsection (a)), to transfer entitlement to such assistance to dependents of such members.

Effective date. ^8 USC I42i "° ^

Ante, p. 2553.

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


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Page:United States Statutes at Large Volume 98 Part 3.djvu/192

 98 STAT. 2564

PUBLIC LAW 98-525—OCT. 19, 1984 COORDINATION WITH OTHER VETERANS' EDUCATION AND TRAINING PROGRAMS

38 USC 1673. Ante, p. 41.

Ante, p. 41.

SEC. 703. (a) Section 1508(fi(l) of title 38, United States Code, is amended— (1) in subparagraph (A)— (A) by inserting "30 or" before "34" the first place it appears; and (B) by striking out "chapter 34" the second place it appears and inserting in lieu thereof "either chapter 30 or chapter 34"; and (2) in subparagraph (B), by inserting "30 or" before "34". (b) The third sentence of section 1673(d)(1) of such title is amended by inserting "30," after "or chapter". (c) Section 1781 is amended— (1) in subsection (a)— (A) by inserting "30," after "chapter" the first place it appears; (B) by striking out "36," and inserting in lieu thereof "36 of this title or 106 or 107 of title 10,"; and (C) by striking out the comma after "chapter 31"; and (2) by inserting "30," in subsection (b)(1) after "Chapters". (d) Section 1795(a) is amended— (1) by inserting "30," in clause (4) after "Chapters"; and (2) by striking out "Chapter 107" in clause (5) and inserting in lieu thereof "Chapters 106 and 107". SUSPENSION OF RIGHT TO ENROLL IN CHAPTER 32 PROGRAM

38 USC 1621 note. 38 USC 1601 ^' *^^-

SEC. 704. No individual on active duty in the Armed Forces may initially enroll in the educational assistance program provided for in chapter 32 of title 38, United States Code, during the period beginning on July 1, 1985, and ending on June 30, 1988. REVISION OF EDUCATIONAL ASSISTANCE PROGRAM FOR THE SELECTED RESERVE

SEC. 705. (a)(1) Chapter 106 of title 10, United States Code, is amended to read as follows: "CHAPTER 106—EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE "Sec. "2131. "2132. "2133. "2134. "2135. "2136. "2137. "2138.

Educational assistance program: establishment; amount. Eligibility for educational assistance. Time limitation for use of entitlement. Termination of assistance. Failure to participate satisfactorily; penalties. Administration of program. Reports to Congress. Savings provision.

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2565

"§2131. Educational assistance program: establishment; amount 10 USC 2131. "(a) To encourage membership in units of the Selected Reserve of the Ready Reserve, the Secretary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Transportation, under regulations prescribed by the Secretary with respect to the Coast Guard when it is not operating as a service in the Navy, shall establish and maintain a program to provide educational assistance to members of the Selected Reserve of the Ready Reserve of the armed forces under the jurisdiction of the Secretary concerned who agree to remain members of the Selected Reserve for a period of not less than six years. "(b) Each educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned to each person entitled to educational assistance under this chapter who is pursuing a program of education and educational assistance allowance at the following rates: "(1) $140 per month for each month of full-time pursuit of a program of education; "(2) $105 per month for each month of three-quarter-time pursuit of a program of education; and "(3) $70 per month for each month of half-time pursuit of a program of education. "(c)(1) Educational assistance may only be provided under this chapter for pursuit of a program of education at an institution of higher learning and may not be provided to a person after the person has completed a course of instruction required for the award of a baccalaureate degree or the equivalent evidence of completion of study. "(2) Subject to section 1795 of title 38, the maximum number of 38 USC 1795. months of educational assistance that may be provided to any person under this chapter is 36. "§ 2132. Eligibility for educational assistance 10 USC 2132. "(a) A person who— "(1) during the period beginning on July 1, 1985, and ending on June 30, 1988— "(A) enlists, reenlists, or extends an enlistment as a Reserve for service in the Selected Reserve for a period of not less than six years; or "(B) is appointed as, or is serving as, a reserve officer and agrees to serve in the Selected Reserve for a period of not less than six years in addition to any other period of obligated service in the Selected Reserve to which the person may be subject; and "(2) before completing initial active duty for training has received a secondary school diploma (or an equivalency certificate); is entitled to educational assistance under section 2131 of this title. Supm. "(b) Educational assistance may not be provided to a member under this chapter until the member— "(1) has completed the initial period of active duty for training required of the member; and "(2) has completed 180 days of service in the Selected Reserve. "(c) Each person who becomes entitled to educational assistance under subsection (a) shall at the time the person becomes so entitled be given a statement in writing summarizing the provisions of this

31-194

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 98 STAT. 2566

PUBLIC LAW 98-525—OCT. 19, 1984

chapter and stating clearly and prominently the substance of secInfra. Ante, pp. 2553, 2555. 10 USC 2133.

Ante, p. 2560.

10 USC 2134. 10 USC 2107.

10 USC 2135.

Ante, p. 2565.

tions 2134 and 2135 of this title as such sections may apply to the person. "(d) A person who is entitled to educational assistance under chapter 30 of title 38 based on section 1412 of that title may not also be provided educational assistance under this chapter. "§ 2133. Time limitation for use of entitlement "(a) Except as provided in subsection (b), the period during which a person entitled to educational assistance under this section may use such person's entitlement expires (1) at the end of the 10-year period beginning on the date on which such person becomes entitled to such assistance, or (2) on the date the person is separated from the Selected Reserve, whichever occurs first. "(b)(1) The provisions of section 1431(e) of title 38 shall apply to the period of entitlement prescribed by subsection (a). "(2) The provisions of section 1431(d) of title 38 shall apply to the period of entitlement prescribed by subsection (a) in the case of a disability incurred in or aggravated by service in the Selected Reserve. "§ 2134. Termination of assistance "Educational assistance may not be provided under this chapter— "(1) to a member receiving financial assistance under section 2107 of this title as a member of the Senior Reserve Officers' Training Corps program; or "(2) to a member who fails to participate satisfactorily in required training as a member of the Selected Reserve. "§ 2135. Failure to participate satisfactorily; penalties "(a)(1) A member of the Selected Reserve of the Ready Reserve of an armed force who fails to participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this chapter shall, at the option of the Secretary concerned— "(A) be ordered to active duty for a period of two years or the period of obligated service the person has remaining under Section 2132 of this title, whichever is less; or "(B) be required to refund to the United States an amount determined under subsection (b). "(2) The Secretary concerned may waive the requirements of paragraph (1), or may reduce the amount of any refund under clause (B) of such paragraph, in the case of any individual member when the Secretary determines that the failure to participate satisfactorily was due to reasons beyond the control of the member, "(3) Any refund by a member under this section shall not affect the period of obligation of such member to serve as a Reserve in the Selected Reserve. "(b)(1) The amount of a refund under subsection (a) shall be the amount equal to the product of— "(A) the number of months of obligated service remaining under the agreement entered into under section 2132(a)(3) divided by the original number of months of such obligation; and "(B) the total amount of educational assistance provided to the member under this chapter.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/195

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2567

as increased by interest determined under paragraph (2). "(2) The amount computed under paragraph (1) shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the refund is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the member is first notified of the amount due to the United States as a refund under this section. "§ 2136. Administration of program 10 USC 2136. "(a) Educational assistance under this chapter shall be provided through the Veterans' Administration, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Transportation, with the Administrator of Veterans' Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Veterans' Administration for the making of payments under this chapter. "(b) Except as otherwise provided in this chapter, the provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of chapter 34 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 1780(a)(5), 38 USC 1770, 1780(b), 1786, 1787(b)(1), and 1792) shall be applicable to the provi- I'^SO. sion of educational assistance under this chapter. The term 'eligible veteran', as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter. "§ 2137. Reports to Congress lo use 2137. "The Secretary of Defense shall submit to the Congress a report not later than December 15 of each year concerning the operation of the educational assistance program established by this chapter during the preceding fiscal year. Each such report shall include the number of members of the Selected Reserve of the Ready Reserve of each armed force receiving, and the number entitled to receive, educational assistance under this chapter during the preceding fiscal year. "§ 2138. Savings provision lo use 2138. "A member who entered into an agreement under this chapter before July 1, 1985, shall continue to be eligible for educational assistance in accordance with the terms of such agreement and of this chapter as in effect before such date.". (2) The items relating to such chapter in the table of chapters at the beginning of subtitle A of such title, and in the table of chapters at the beginning of part III of such subtitle, are amended to read as follows: "106. Educational Assistance for Members of the Selected Reserve

2131".

(b) The amendments made by this section shall take effect on Effective date. July 1, 1985, and shall apply only to members of the Armed Forces 10 USC 2131 who qualify for educational assistance under chapter 106 of title 10, ^^^ ^ 2564. United States Code, as amended by subsection (a), on or after such date.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/196

 98 STAT. 2568

PUBLIC LAW 98-525—OCT. 19, 1984 ACCRUAL FUNDING OF DEPARTMENT OF DEFENSE LIABIUTIES

SEC. 706. (a)(1) Chapter 101 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 2006.

Ante, pp. 2553, 2^^^-

Ante, p. 2557.

Ante, p. 2558.

Ante, p. 2554. Ante, p. 2558. Ante, p. 2555. Ante, p. 2564.

"§ 2006. Department of Defense Education Benefits Fund "(a) There is established on the books of the Treasury a fund to be known as the Department of Defense Education Benefits Fund (hereinafter in this section referred to as the 'Fund'), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance Department of Defense education liabilities on an actuarially sound basis. "(b) In this section: "(1) 'Department of Defense education liabilities' means liabilities of the Department of Defense for benefits under chapter 30 of title 38 and for benefits under chapter 106 of this title. "(2) 'Normal cost', with respect to any period of time, means the total of the following: "(A) The present value of the future benefits payable from the Fund for amounts attributable to increased amounts of educational assistance authorized under section 1415(c) of title 38 to persons who were not on active duty on July 1, 1985, and who during such period enter on active duty. "(B) The present value of the future benefits payable from the Fund for amounts attributable to educational assistance authorized under subchapter III of chapter 30 of title 38 to persons who were not on active duty on July 1, 1985, and who during such period— "(i) enter a fourth year of active duty, in the case of persons eligible for basic educational assistance under section 1411 of such title; or "(ii) enter a period of service that will establish entitlement to such educational assistance under section 1421(b) of such title, in the case of persons eligible for basic educational assistance under section 1412 of such title. "(C) The present value of the future benefits payable from the Fund for educational assistance under chapter 106 of this title to persons who during such period become entitled to such assistance. "(c) There shall be deposited into the Fund the following, which shall constitute the assets of the Fund: "(1) Amounts paid into the Fund by the Secretary of Defense under subsection (g). "(2) Any amount appropriated to the Fund. "(3) Any return on investment of the assets of the Fund. "(d) The Secretary of the Treasury shall transfer from the Fund to the Administrator of Veterans' Affairs such amounts as may be necessary to enable the Administrator to make required payments of Department of Defense education liabilities. The Secretary of the Treasury, the Secretary of Defense, and the Administrator shall enter into an agreement as to how and when, and the amounts in which, such transfers shall be made. Except for investments under subsection (h), amounts in the Fund may not be used for any purpose other than transfers as described in this subsection.

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2569

"(e)(1)(A) There is established in the Department of Defense a Department of Defense Education Benefits Board of Actuaries (hereinafter in this section referred to as the 'Board'). The Board shall consist of three members, who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries. "(B)(i) Except as provided in clause (ii), the members of the Board shall serve for a term of fifteen years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which his predecessor was appointed shall only serve until the end of such term. A member may serve after the end of his term until his successor has taken office. A member of the Board may be removed by the Secretary of Defense for misconduct or failure to perform functions vested in the Board, and for no other reason. "(ii) Of the members of the Board who are first appointed under this paragraph, one each shall be appointed for terms ending five, ten, and fifteen years, respectively, after the date of appointment, as designated by the Secretary of Defense at the time of appointment. "(C) A member of the Board who is not otherwise an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5, for each day the member is engaged in the performance of duties vested in the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of title 5. "(2) The Board shall report to the Secretary of Defense annually on the actuarial status of the Fund and shall furnish its advice and opinion on matters referred to it by the Secretary. "(3) The Board shall review valuations of the Fund under subsection (f) and report periodically, not less than once every four years, to the President and Congress on the status of the Fund and shall recommend such changes as in the Board's judgment are necessary to protect the public interest and maintain the Fund on a sound actuarial basis. "(4) The Secretary shall keep, or cause to be kept, such records as necessary for determining the actuarial status of the Fund. "(f)(1) The Secretary of Defense shall carry out periodic actuarial valuations of the educational programs described in subsection (b)(1). "(2) Based on the most recent such valuation, the Secretary of Defense shall estimate the normal cost for the next fiscal year. "(3) If at the time of any such valuation there has been a change in benefits under an education program described in subsection (b)(1) that has been made since the last such valuation and that increases or decreases the present value of benefits payable from the Fund, the Secretary of Defense shall determine an amortization methodology and schedule for the liquidation of the unfunded liability (or negative unfunded liability) thus created such that the present value of the sum of the amortization payments equals the increase or decrease in the present value of such benefits. "(4) If at the time of any such valuation the Secretary of Defense determines that, based upon changes in actuarial assumptions since the last valuation, there has been an actuarial gain or loss to the Fund, the Secretary shall determine an amortization methodology and schedule for the liquidation of such gain or loss through an

Department of Defense Education Benefits Board of Actuaries, establishment.

5 USC 5331.

5 USC 5703. Report.

Report.

Records.

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 98 STAT. 2570

PUBLIC LAW 98-525—OCT. 19, 1984

increase or decrease in the payments that would otherwise be made to the Fund. "(5) Based on the determinations under paragraphs (2), (3), and (4) the Secretary of Defense shall determine the amount needed to be appropriated to the Department of Defense for the next fiscal year President of U.S. for payments to be made to the Fund under subsection (g). The President shall include not less than the full amount so determined in the budget transmitted to Congress for the next fiscal year under 31 USC 1105. section 1105 of title 31. The President may comment and make recommendations concerning any such amount. "(6) All determinations under this subsection shall be made using methods and assumptions approved by the Board of Actuaries (including assumptions of interest rates and inflation) and in accordance with generally accepted actuarial principles and practices. "(g)(1) The Secretary of Defense shall pay into the Fund each month the amount that, based upon the most recent actuarial valuation of the education programs described in subsection (b)(1), is equal to the actual total normal cost for the preceding month. "(2) The Secretary of Defense shall pay into the Fund at the beginning of each fiscal year (or as soon thereafter as appropriations are available for such purpose) the sum of the following: "(A) The amount of the payment for that year, if any, for the amortization of any liability to the Fund resulting from a change in benefits, as determined by the Secretary of Defense under subsection (f)(3). "(B) The amount of the payment for that year, if any, for the amortization of any actuarial gain or loss to the Fund, as determined by the Secretary of Defense under subsection (f)(4). "(3) Amounts paid into the Fund under this subsection shall be paid from appropriations available for the pay of members of the armed forces under the jurisdiction of the Secretary of a military department. Securities. "(h) The Secretary of the Treasury shall invest such portion of the Fund as is not in the judgment, of the Secretary required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to and form a part of the Fund.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2006. Department of Defense Education Benefits Fund.". 10 USC 2006 note. Ante, p. 2568.

(b) The first payment into the Department of Defense Education Benefits Fund under section 2006 of title 10, United States Code, as added by subsection (a), shall be made not later than three months after the Board of Actuaries determines the amounts needed to be paid into the Fund for that portion of fiscal year 1985 beginning on July 1, 1985. The first payment shall be made in a lump sum equal to the total of the amounts that would have been paid to the Fund each month between July 1, 1985, and the time such first payment is made.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/199

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2571

EDUCATIONAL LEAVE OF ABSENCE FOR MEMBERS OF THE ARMED FORCES

SEC. 707. (a)(1) Chapter 40 of title 10, United States Code, relating to leave, is amended by adding at the end thereof the following new section: "§ 708. Educational leave of absence lo use 708. "(a) Under such regulations as the Secretary of Defense may prescribe after consultation with the Secretary of Transportation and subject to subsection (b), the Secretary concerned may grant to any eligible member (as defined in subsection (e)) a leave of absence for a period of not to exceed two years for the purpose of permitting the member to pursue a program of education. "(b)(1) A member may not be granted a leave of absence under this section unless— "(A) in the case of an enlisted member, the member agrees in writing to extend his current enlistment after completion (or other termination) of the program of education for which the leave of absence was granted for a period of two months for each month of the period of the leave of absence; and "(B) in the case of an officer, the member agrees to serve on active duty after completion (or other termination) of the program of education for which the leave of absence was granted for a period (in addition to any other period of obligated service on active duty) of two months for each month of the period of the leave of absence. "(2) A member may not be granted a leave of absence under this section until he has completed any extension of enlistment or reenlistment, or any period of obligated service, incurred by reason of any previous leave of absence granted under this section. "(c)(1) While on a leave of absence under this section, a member shall be paid basic pay but may not receive basic allowance for quarters or basic allowance for subsistence or any other pay and allowances to which he would otherwise be entitled for such period. "(2) A period during which a member is on a leave of absence under this section shall be counted for the purposes of computing the amount of the member's basic pay, for the purpose of determining the member's eligibility for retired pay, and for the purpose of determining the member's time in grade for promotion purposes, but may not be counted for the purposes of completion of the term of enlistment of the member (in the case of an enlisted member) or for purposes of section 1421 of title 38, relating to entitlement to Ante, p. 2558. supplemental educational assistance. "(d)(1) In time of war, or of national emergency declared by the President or the Congress after the date of the enactment of this section, the Secretary concerned may cancel any leave of absence granted under this section. "(2) The Secretary concerned may cancel a leave of absence granted to a member under this section if the Secretary determines that the member is not satisfactorily pursuing the program of education for which the leave was granted. "(e) In this section, 'eligible member' means a member of the armed forces on active duty who is eligible for basic educational assistance under chapter 30 of title 38 and who— Ante, p. 2553. "(1) in the case of an enlisted member, has completed at least one term of enlistment and has reenlisted; and

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 98 STAT. 2572

PUBLIC LAW 98-525—OCT. 19, 1984

"(2) in the case of an officer, has completed the officer's initial period of obligated service on active duty.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "708. Educational leave of absence.". Effective date. 10 USC 708 note.

(b) Section 708 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1985. PRESEPARATION COUNSEUNG

SEC. 708. (a)(1) Chapter 53 of title 10, United States Code, is amended by adding after section 1045 (as added by section 654) the following new section: 10 USC 1046.

"§ 1046. Preseparation counseling requirement "Upon the discharge or release from active duty of a member of the armed forces, the Secretary concerned shall provide for individual counseling of that member. That counseling shall include a discussion of the educational assistance benefits to which the member is entitled because of the member's service in the armed forces and an explanation of the procedures for and advantages of affiliating with the Selected Reserve. A notation of the provision of such counseling, signed by the member, shall be placed in the service record of each member receiving such counseling.". (2) The table of sections at the beginning of that chapter is amended by adding after the item relating to section 1045 (as added by section 654) the following new item: "1046. Preseparation counseling requirement.".

Effective date. 10 USC 1046 note.

(b) Section 1046 of title 10, United States Code, as added by subsection (a), shall take effect on July 1, 1985. EXTENSION OF PILOT DEPARTMENT OF DEFENSE EDUCATIONAL ASSISTANCE LOAN REPAYMENT PROGRAM

97 Stat. 672.

SEC. 709. Section 902(g) of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note), is amended by striking out "October 1, 1984" and inserting in lieu thereof "October 1, 1986". TITLE VIII—CIVIL DEFENSE AUTHORIZATION OF APPROPRIATIONS

50 USC app. 2251-2297.

SEC. 801. There is hereby authorized to be appropriated for fiscal year 1985 to carry out the provisions of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 251 et seq.) the sum of $190,000,000. R E P E A L OF LIMITATION ON AMOUNTS THAT MAY BE APPROPRIATED FOR CERTAIN PURPOSES

SEC. 802. Section 408 of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2260) is amended by striking out ": Provided further" and all that follows through "$47,000,000 per annum".

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2573

TITLE IX—NATIONAL DEFENSE STOCKPILE TERMINATION OF PREVIOUS DISPOSAL AUTHORITY

SEC. 901. (a) Any authority provided by law before the date of the enactment of this Act to enter into contracts for the disposal of materials in the National Defense Stockpile established by section 3 of the Strategic and Critical Materials Stock Piling Act (hereinafter in this title referred to as "the Act") (50 U.S.C. 98b) shall expire on September 30, 1984.

Contracts. 50 USC 98d note.

AUTHORIZATIONS FOR DISPOSAL

SEC. 902. Effective on October 1, 1984, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile in accordance with the provisions of the Act, such quantities having been determined to be excess to the current requirements of the stockpile: (1) 3,200 short tons of antimony. (2) 5,600 short tons of asbestos, chrysotile. (3) 7,500,000 carats of diamond stones. (4) 51,210 short dry tons of manganese dioxide battery natural. (5) 292,000 short dry tons of metallurgical grade manganese. (6) 5,000 flasks of mercury. (7) 500,000 pounds of mercuric oxide. (8) 1,000,000 pounds of mica, muscovite film first and second qualities. (9) 1,000,000 pounds of mica, muscovite splittings. (10) 50,000 pounds of mica, phlogopite splittings. (11) 167 short tons of mica block and lump. (12) 100,000 pounds of quartz crystals. (13) 10,000,000 troy ounces of silver. (14) 125,000 pounds of talc, block and lump. (15) 50,00 pounds of thorium nitrate. (16) 20,000 long tons of tin. (17) 2,400,000 pounds of tungsten contained in ores. (18) 4,200 long tons of vegetable tannin, chestnut. (19) 20,000 long tons of vegetable tannin, quebracho.

Effective date. President of U.S. 50 USC 98d note.

RESTRICTIONS ON BALANCE IN STOCKPILE TRANSACTION FUND

SEC. 903. (a) Section 5(b)(2) of the Act (50 U.S.C. 98d(b)(2)) is amended— (1) by striking out "a balance" the first place it appears and inserting in lieu thereof "an unobligated balance"; and (2) by striking out "$1,000,000,000" and all that follows through the end and inserting in lieu thereof "$250,000,000.". (b) Effective on October 1, 1986, section 50t>)(2) of the Act is Effective date. amended by striking out "$250,000,000" and inserting in lieu thereof "$100,000,000". STOCKPILE REPORT

SEC. 904. Not later than January 31, 1985, the President shall President of us. submit to Congress a report respecting the National Defense Stockpile. The report shall include— (1) a plan for attaining the goals of the stockpile specified in section 3(b)(2) of the Act over a three-year period;

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PUBLIC LAW 98-525—OCT. 19, 1984 (2) an analysis as to the appropriateness of placing all aspects of the management and operation of the stockpile under a single authority, such as the Secretary of Defense; (3) an analysis of the adequacy of existing legal authority to barter surplus and excess material of the Government and excess real property of the Department of Defense for strategic and critical materials for the stockpile; (4) an analysis of why existing barter authority has not been used more aggressively in procuring strategic and critical materials to meet stockpile goals; and (5) a draft of such legislation as may be required to carry out any recommendations respecting such plans and analyses. DEPOSIT OF FUNDS ACCRUING FROM NAVAL PETROLEUM RESERVES

50 USC 98h note.

SEC. 905. There shall be deposited into the National Defense Stockpile Transaction Fund established under section 9 of the Act (50 U.S.C. 98h) 30 percent of all money accruing to the United States during fiscal year 1985 from lands in the naval petroleum and oil shale reserves (less amounts spent for exploration, development and operation of those reserves and related expenses during that period). Moneys deposited into the Fund under this subsection shall be deemed to have been covered into the Fund under section 9(b) of the Act. TITLE X—MATTERS RELATING TO NATO AND OTHER ALLIES SENSE OF CONGRESS RELATING TO INCREASE IN DEFENSE SPENDING BY UNITED STATES ALLIES

22 USC 1928 not®-

Japan.

SEC. 1001. It is the sense of Congress that the President— (1) should call on the pertinent member nations of the North Atlantic Treaty Organization to meet or exceed their pledges for an annual increase in defense spending during fiscal years 1984 and 1985 of at least 3 percent real growth; and (2) should Call on Japan to further increase its defense spending during fiscal years 1984 and 1985; in furtherance of increased unity, equitable sharing of the common defense burden, and international stability. IMPROVEMENTS TO NATO CONVENTIONAL CAPABILITY

22 USC 1928 note.

SEC. 1002. (a) The Congress finds(1) that the North Atlantic Treaty Organization (NATO) should improve its conventional defense capability so as to lengthen the period of time that Western Europe can be defended by conventional forces without the necessity of resorting to the early use of nuclear weapons in the event of a nonnuclear attack on any NATO member country; (2) that fulfillment by NATO member nations of their goals and commitments to increase defense spending, improve conventional sustainability, and provide support facilities in Western Europe for rapid reinforcements from the United States is crucial to accomplishing that objective; and (3) that an increase over current United States military personnel levels in European member nations of NATO can be

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justified only if these goals and commitments are substantially met by NATO member nations (other than the United States), (b) The Congress urges the President and the Secretary of Defense to continue to encourage member nations of NATO (other than the United States) to work expeditiously to fulfill the following commitments they have undertaken: (1) To achieve and maintain an annual increase in their defense spending of at least 3 percent, after inflation. (2) To acquire a 30-day supply of air and ground munitions among those NATO members which have committed forces to the Northern, Center, and Southern Regions. (3) To construct the number of minimum essential and emergency operating facilities and semihardened aircraft shelters in Western Europe required by NATO Ministerial Guidance to support, under NATO/SHAPE standards, as a minimum, the annual commitment of United States reinforcing tactical aircraft. (c)(1) After September 30, 1985, none of the funds appropriated pursuant to an authorization contained in this Act or any other Act enacted after the date of the enactment of this Act may be used to support an end strength level of members of the Armed Forces of the United States assigned to permanent duty ashore in European member nations of NATO at any level exceeding a permanent ceiling of 326,414. (2) If the Secretary of Defense certifies to the Congress in writing during any fiscal year after fiscal year 1985 that during the previous fiscal year the member nations of NATO (other than the United States) have undertaken significant measures to improve their conventional defense capacity consistent with the goals set forth in subsection (b) which contributes to lengthening the time period between an armed attack on any NATO country and the time the Supreme Allied Commander, Europe, would have to request the release and use of nuclear weapons, the Congress would give strong consideration to authorizing an increase in the permanent ceiling prescribed in paragraph (1) for fiscal years after such fiscal year. (d)(1) Not later than April 1, 1985, and each year thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the status, as of January 1 of the year in which the report is submitted, of the following matters: (A) The number of days of supply of the ground and aerial munitions in hand or on order of the member nations of NATO (other than the United States) which have committed forces to the Northern, Center, and Southern Regions. (B) The number of facilities and semihardened aircraft shelters completed or under construction as they relate to the United States commitment of reinforcing aircraft in the United States Defense Planning Questionnaire (DPQ) Response of the previous year. (2)(A) Beginning with the budget submitted to Congress for fiscal year 1986, but not later than April 1, 1985, and each year thereafter, the Secretary of Defense shall submit to Congress a report on the status and cost of the United States commitment to NATO as reflected in the DPQ Response and in the defense budget request. The report shall be an annual update of the Department of Defense Report entitled "United States Expenditures in Support of NATO", first submitted to the Congress in June 1984 pursuant to section

Congress.

Prohibition.

Report.

Report,

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Infra.

Prohibition. Waiver.

PUBLIC LAW 98-525—OCT. 19, 1984

1107 of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 677). In addition to the information required by that section, each such report shall include information which specifically identifies those items in the Secretary of Defense's procurement budget request that are in support of United States forces committed to or earmarked for NATO. (B) In addition to the requirements of subparagraph (A), the Secretary of Defense shall include in the report an assessment of the performance of the members of NATO (other than the United States) in the following areas: (i) Allied contributions to the common defense. (ii) Improvement in sustainability and support for United States reinforcing tactical aircraft. (iii) Meeting NATO force goals. (iv) Increasing NATO infrastructure funding. (v) Improvements in air base defenses. (vi) Increasing trained manpower levels, particularly reserves. (vii) Increasing war reserve material. (viii) Improving NATO's ability to neutralize enemy follow-on forces, including use of emerging technologies. (ix) Improvements in mine/counter mine capability. (x) Improvements in offensive counter air capability. (C) The requirement under clause (i) of subparagraph (B) is satisfied in any year by the submission of the report required by section 1003(c) for that year. (e)(1) The Congress finds that a viable "two-way street" of defense procurement improves NATO interoperability and therefore is important to overall improvements in conventional defense. (2) In addition to any funds appropriated pursuant to the authorization contained in this Act for the activities of the Director of Operational Test and Evaluation, Defense, the Director may use an additional amount, not to exceed $50,000,000, to acquire certain types of weapons, subsystems, and munitions of European NATO manufacture for side-by-side testing with comparable United States manufactured items. Such additional amount shall be derived from any funds appropriated pursuant to an authorization contained in this Act. Items that may be acquired under this paragraph include submunitions and dispensers, anti-tank and anti-armor guided missiles, mines, runway-cratering devices, torpedoes, mortar systems, light armored vehicles, and high-velocity anti-tank guns. (f)(1) This section shall not apply in the event of a declaration of war or an armed attack on any NATO member country. (2) This section may be waived by the President if he declares an emergency and immediately informs the Congress of his action and the reasons therefor. REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE

International agreements. Japan. 22 USC 1928 note. 63 Stat. 2241. 11 UST 1632.

SEC. 1003. (a) In recognition of the increasing military threat faced by the Western World and in view of the growth, relative to the United States, in the economic strength of Japan, Canada, and a number of Western European countries which has occurred since the signing of the North Atlantic Treaty on April 4, 1949, and the Mutual Cooperation and Security Treaty between Japan and the United States on January 19, 1960, it is the sense of the Congress that— (1) the burdens of mutual defense now assumed by some of the countries allied with the United States under those agreements are not commensurate with their economic resources;

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(2) since May 1978, when each member nation of the North Atlantic Treaty Organization (NATO) agreed to increase real defense spending annually in the range of 3 percent, most NATO members, except for the United States, have failed to meet the 3 percent real growth commitment consistently; (3) since May 1981, when the Government of Japan established its policy to defend the air and sea lines of communication out to 1,000 nautical miles from the coast of Japan, progress to develop the necessary self-defense capabilities to fulfill that pledge has been extremely disappointing; (4) Japan is the ally of the United States with the greatest potential for improving its self-defense capabilities and should, therefore, rapidly increase its annual defense spending to the levels required to fulfill that pledge and to enable Japan to be capable of an effective conventional self-defense capability by 1990, including the capability to carry out its 1,000-mile defense policy, a development that would be consonant not only with Japan's current prominent position in the family of nations but also with its unique sensibilities on the issues of war and peace, sensibilities that are recognized and respected by the people of the United States; and (5) the continued unwillingness of such countries to increase their contributions to the common defense to more appropriate levels will endanger the vitality, effectiveness, and cohesion of the alliances between those countries and the United States. (b) It is further the sense of the Congress that the President should seek from each signatory country (other than the United States) of the two treaties referred to in subsection (a) acceptance of international security responsibilities and an agreement to make contributions to the common defense which are commensurate with the economic resources of such country, including, when appropriate, an increase in host nation support. (c) The Secretary of Defense shall submit to the Congress each year, not later than March 1, a classified report containing— (1) a comparison of the fair and equitable shares of the mutual defense burdens of these alliances that should be borne by the United States, by other member nations of NATO, and by Japan, based upon economic strength and other relevant factors, and the actual defense efforts of each nation together with an explanation of disparities that currently exist and their impact on mutual defense efforts; (2) a description of efforts by the United States and the efforts of other members of the alliances to eliminate any existing disparities; (3) projected estimates of the real growth in defense spending for the fiscal year in which the report is submitted for each NATO member nation; (4) a description of the defense-related initiatives undertaken by each NATO member nation within the real growth in defense spending of such nation in the fiscal year immediately preceding the fiscal year in which the report is submitted; (5) an explanation of those instances in which the commitments to real growth in defense spending have not been realized and a description of efforts being made by the United States to ensure fulfillment of these important NATO commitments; (6) a description of the activities of each NATO member and Japan to enhance the security and stability of the Southwest

President of U.S.

Report.

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Asia region and to assume additional missions for their own defense as the United States allocates additional resources to the mission of protecting Western interests in world areas not covered by the system of Western Alliances; and (7) a description of what additional actions the executive branch plans to take should the efforts by the United States referred to in clauses (2) and (5) fail, and, in those instances where such additional actions do not include consideration of the repositioning of American troops, a detailed explanation as to why such repositioning is not being so considered. (d) The Secretary of Defense shall also submit to the Congress not more than 30 days after the submission of the report required under subsection (a) an unclassified report containing the matters set forth in clauses (1) through (7) of such subsection. NATO SEASPARROW COOPERATIVE PROGRAM

29 UST 1103.

SEC. 1004. The Secretary of the Navy is authorized to continue participation, in accordance with current operating procedures, in the North Atlantic Treaty Organization SEASPARROW Surface Missile System Cooperative Consortium, as described in the Memorandum of Understanding between the United States, Denmark, Norway, Italy, the Netherlands, Belgium, Canada, Greece, and Federal Republic of Germany, signed by the United States on June 6, 1968, and the Memorandum of Understanding between the same countries, signed by the United States on May 20, 1977. PROCUREMENT OF COMMUNICATIONS SUPPORT AND RELATED SUPPUES AND SERVICES

SEC. 1005. (a) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: International agreements. 10 USC 2401a.

Records.

"§ 2401a. Procurement of communications support and related supplies and services "(a) As an alternative means of obtaining communications support and related supplies and services, the Secretary of Defense, subject to the approval of the Secretary of State, may enter into an arrangement with the Minister of Defense or other appropriate official of any allied country or with the North Atlantic Treaty Organization (NATO), under which, in return for being provided communications support and related supplies and services, the United States would agree to provide to such country or NATO an equivalent value of communications support and related supplies and services. "(b) Any arrangement entered into under this section shall require that any accrued credits and liabilities resulting from an unequal exchange of communications support and related supplies and services during the term of such arrangement would be liquidated by direct payment to the party having provided the greater amount of communications support and related supplies and services. Payments received by the United States shall be credited to the appropriation from which such communications support and related supplies and services have been provided. "(c) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives copies of all documents evidencing an arrangement entered into

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under subsection (a) not later than 45 days after entering into such an arrangement. "(d) In this section, 'allied country' means— "(1) a country that is a member of the North Atlantic Treaty Organization, or (2) Australia, New Zealand, Japan, or the Republic of Korea.", (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2401a. Procurement of communications support and related supplies and services.". POLICY ON ARMAMENTS COOPERATION WITH NATO MEMBER COUNTRIES

SEC. 1006. Not later than May 1, 1985, the Secretary of Defense shall transmit to Congress a report setting forth a comprehensive proposal by which the United States and other North Atlantic TVeaty Organization member countries may achieve the objectives described in section 11220)) of the Department of Defense Authorization Act, 1983 (Public Law 97-252; 96 Stat. 755).

Report.

22 USC 1928 note.

AXJTHORITY OF SECRETARY OF DEFENSE IN CONNECTION WITH COOPERATIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE

SEC. 1007. (a) During fiscal year 1985, the Secretary of Defense may carry out the European air defense agreements. In carrying out those agreements during that year, the Secretary— (1) may provide without monetary charge to the Federal Republic of Germany articles and services as specified in the agreements; and (2) may accept from the Federal Republic of Grermany (in return for the articles and services provided under paragraph (D) articles and services as specified in the agreements. (b) In connection with the administration of the European air defense agreements during fiscal year 1985, the Secretary of Defense may— (1) waive any surcharge for administrative services otherwise chargeable under section 21(e)(l)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(l)(A)); (2) waive any charge not otherwise waived for services associated with contract administration for the sale under the Arms Export Control Act of Patriot air defense missile fire units to the Federal Republic of Germany contemplated in the Eigreements; (3) use, to the extent contemplated in the agreements, the NATO Maintenance and Supply Agency (A) for the supply of logistic support in Europe for the Patriot missile system, and (B) for the acquisition of such logistic support, to the extent that the Secretary determines that the procedures of that agency governing such supply and acquisition are appropriate; (4) share, to the extent contemplated in the agreements, the costs of set-up charges of facilities for use by that agency to perform depot-level support of Patriot missile fire units in Europe; and (5) deliver to the Federal Republic of Germany one Patriot missile fire unit configured for training, to be purchased by the Federal Republic of Germany under the Arms Export Control Act as contemplated in the agreements, without regard to the

Federal Republic of Germany.

Waiver.

22 USC 2751 note.

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22 USC 2761.

International agreements.

Contracts.

PUBLIC LAW 98-525—OCT. 19, 1984

requirement in section 22 of that Act (22 U.S.C. 2762) for payment in advance of delivery for any purchase under that Act. (c) Notwithstanding the rate required to be charged under section 21 of the Arms Export Control Act for services furnished by the United States, in the case of the 14 Patriot missile fire units which the Federal Republic of Germany purchases from the United States under that Act as contemplated in the European air defense agreements, the rate charged by the Secretary of Defense for packing, crating, handling, and transportation services associated with that purchase may not exceed the established Department of Defense rate for such services. (d) For the purposes of this section, the term "European air defense agreements" means (1) the agreement entitled "Agreement between the Secretary of Defense of the United States of America and the Minister of Defense of the Federal Republic of Germany on Cooperative Measures for Enhancing Air Defense for Central Europe", signed on December 6, 1983, and (2) the agreement entitled "Agreement between the Secretary of Defense of the United States of America and the Federal Minister of Defense of the Federal Republic of Germany in implementation of the 6 December 1983 Agreement on Cooperative Measures for Enhancing Air Defense for Central Europe", signed on July 12, 1984. (e) The authority of the Secretary of Defense to enter into contracts under the European air defense agreements is available only to the extent that appropriated funds are otherwise available for that purpose. TITLE XI—MATTERS RELATING TO ARMS CONTROL REPORT ON STRATEGIC NUCLEAR SUBMARINE FORCE

SEC. 1101. Not later than April 1, 1985, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the survivability of the United States strategic nuclear ballistic missile submarine force. The report shall address whether there are grounds for adjusting, in short or long-range terms, strategic force plans of the United States based on any vulnerability or potential vulnerability of such force. The report shall also examine the feasibility and desirability of enhancing the survivability of such force through measures that would affect antisubmarine warfare, including the nature of the patrols and the rules of engagement of attack submarines and the nature of the patrols and the rules of engagement of ballistic missile submarines. ANNUAL REPORT ON STRATEGIC DEFENSE PROGRAMS

10 USC 139 note.

SEC. 1102. At the time of the submission by the Secretary of Defense to the Congress of his annual budget presentation materials for each fiscal year beginning with fiscal year 1986 and ending with fiscal year 1990 (but not later than March 15 of the calendar year in which such fiscal year begins), the Secretary of Defense shall transmit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on the programs that constitute the Strategic

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Defense Initiative and other programs, if any, relating to defense against strategic ballistic missiles. Each such report shall include— (1) details of all programs and projects included in the Strategic Defense Initiative or relating to defense against strategic ballistic missiles; (2) a clear definition of the objectives of the Strategic Defense Initiative; (3) an explanation of the relationship between each such objective and each program and project associated with the Strategic Defense Initiative or defense against strategic ballistic missiles; (4) the status of consultations with other member nations of the North Atlantic Treaty Organization, Japan, and other appropriate allies concerning research being conducted in the Strategic Defense Initiative program; (5) a statement of any anticipated impact on the anti-ballistic missile treaty; (6) consideration of a process by which Congress could review Soviet countermeasures to specific Strategic Defense Initiative programs and evaluate the adequacy of such programs to respond to such countermeasures; (7) details on the funding of programs, projects, and tasks for the Strategic Defense Initiative, including— (A) prior and current year funding levels for all such programs, projects, and tasks in the Strategic Defense Initiative budgetary presentation materials; (B) the amount requested to be appropriated for such programs, projects, and tasks for the fiscal year for which the budget is submitted; and (C) the amount programmed to be requested for the following fiscal year. REPORT ON THEATER NUCLEAR WEAPONS AND FORCE STRUCTURE

SEC. 1103. Not later than January 19, 1985, the President shall President of U.S. submit to Congress a report setting forth reasons why the United States should or should not initiate a long-term program for the renovation of the North Atlantic Treaty Organization (NATO) nuclear deterrent in a manner designed to reduce pressures for early first use of tactical nuclear weapons and to substantially reduce the theater nuclear arsenal to types and numbers of weapons whose characteristics make for a more stable and credible force. The report (in addition to any other matter covered) should specifically address the following issues: (1) Whether NATO should not eliminate its reliance on shortrange battlefield nuclear weapons (such as the atomic demolition bomb and 155-millimeter and 8-inch nuclear artillery rounds), the exposure of which to early loss from enemy action promotes pressures for early use. (2) Whether NATO should not refurbish its nuclear deterrent by designing and deploying specific dedicated nuclear launchers of a range which permits the coverage of all potential targets from locations in the rear of the European NATO territory in the territory of the Warsaw Pact short of the territory of the 49 Stat. 3000. Soviet Union, thereby reducing pressure from enemy action for early first use of nuclear weapons.

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PUBLIC LAW 98-525—OCT. 19, 1984 (3) Whether NATO should not, as a consequence of a change in poHcy described in paragraph (2), eliminate its inventory of dual-capable nuclear/conventional weapons in order to allow early use of artillery, aircraft, and surface-to-surface missiles for conventional missions rather than causing them to be withheld for possible nuclear use. (4) Whether NATO should not place control and operation of tactical nuclear weapons in a single specialized command established for that purpose so that all other NATO force elements could be free to concentrate on pursuing conventional military missions with maximum efficiency. REPORT ON WITHDRAWAL OF TACTICAL NUCLEAR WARHEADS FROM EUROPE

President of U.S.

SEC. 1104. The President shall submit a report to Congress not later than 90 days after the final decision is made (based upon the recommendations of the Supreme Allied Commander, Europe) regarding the net reduction to be made by the United States in the number of tactical nuclear warheads in the territory of North Atlantic Treaty Organization European member nations pursuant to the decision of the Nuclear Planning Group of the North Atlantic Treaty Organization of October 17, 1983. The report shall— (1) specify the types of warheads to be withdrawn in accordance with that decision, the number of each such warhead to be withdrawn, the schedule for the withdrawal, and the rationale for the selection of the particular warheads to be withdrawn; and (2) any changes in force structure to be made resulting from the changes in the tactical nuclear warheads positioned in Europe. REPORT ON UNITED STATES COUNTERFORCE CAPABILITY

President of U.S.

Intercontinental ballistic missiles.

SEC. 1105. (a) Not later than April 15, 1985, the President shall submit to Congress a report discussing the required strategic couhterforce capability consistent with existing United States policy. (b) The report under subsection (a) shall be developed taking into consideration current and proposed United States intercontinental ballistic missiles having an accuracy on the order of the MX missile (including specifically the MX missile, the D-5 Trident missile, and the small single-warhead missile) intended to be procured for United States strategic force modernization and the rationale for the overall counterforce capability that would be attained as a cumulative result of those procurements. The President shall include in the report a specific definition of what United States counterforce capability would constitute a so-called "first-strike capability" against the Soviet Union. (c) The report shall also include an assessment of corresponding Soviet counterforce and first-strike capabilities. TRANSMITTAL TO CONGRESS OF REPORT ON SOVIET COMPLIANCE WITH ARMS CONTROL AGREEMENTS

President of U.S.

SEC. 1106. (a) Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress the text of the report by the General Advisory Committee on Arms Control of the Arms Control and Disarmament Agency entitled "A Quarter

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Century of Soviet Compliance Practices Under Arms Control Commitments: 1958-1983 (U)", dated November 1983. If the President determines that that report contains material the release of which to Congress would compromise United States intelligence sources, methods of intelligence gathering, or the national security of the United States, the President may furnish the text of such report after deleting or modifying such compromising material. (b) Not later than 60 days after the date of the enactment of this Act, the President shall transmit to Congress an unclassified version of the report described in subsection (a).

Public information. Confidentiality.

President of U.S.

REPORT ON NUCLEAR WINTER FINDINGS AND POLICY IMPLICATIONS

SEC. 1107. (a) The Secretary of Defense shall participate in any comprehensive study of the atmospheric, climatic, environmental, and biological consequences of nuclear war and the implications that such consequences have for the nuclear weapons strategy and policy, the arms control policy, and the civil defense policy of the United States. (b) Not later than March 1, 1985, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an unclassified report suitable for release to the public, together with classified addenda (if required), concerning the subject described in subsection (a). The Secretary shall include in such report the following: (1) A detailed review and assessment of the current scientific studies and findings on the atmospheric, climatic, environmental, and biological consequences of nuclear explosions and nuclear exchanges. (2) A thorough evaluation of the implications that such studies and findings have on (A) the nuclear weapons policy of the United States, especially with regard to strategy, targeting, planning, command, control, procurement, and deployment, (B) the nuclear arms control policy of the United States, and (C) the civil defense policy of the United States. (3) A discussion of the manner in which the results of such evaluation of policy implications will be incorporated into the nuclear weapons, arms control, and civil defense policies of the United States. (4) An analysis of the extent to which current scientific findings on the consequences of nuclear explosions are being studied, disseminated, and used in the Soviet Union. SENSE OF THE CONGRESS RELATING TO THE ESTABLISHMENT OF NUCLEAR RISK REDUCTION CENTERS IN THE UNITED STATES AND THE SOVIET UNION

SEC. 1108. (a) The Congress makes the following findings: (1) An increasing number of scenarios (including misjudgment, miscalculation, misunderstanding, possession of nuclear arms by a terrorist group or a State sponsored threat) could precipitate a sudden increase in tensions and the risk of a nuclear confrontation between the United States and the Soviet Union, situations that neither side anticipates, intends, or desires.

Study.

Public information. Confidentiality.

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President of U.S. Communications and telecommunications.

PUBLIC LAW 98-525—OCT. 19, 1984 (2) There has been a steady proliferation throughout the world of the knowledge, equipment, and materials necessary to fabricate nuclear weapons. (3) Such proliferation of nuclear capabilities suggests an increasing potential for nuclear terrorism, the cumulative risk of which, considering potential terrorist groups and other threats over a period of years into the future, may be great. (4) Current communications links represent equipment of the 1960's and as such are relatively outdated and limited in their capabilities. (5) The President, responding to congressional initiatives, proposed the establishment of additional and improved communications links between the United States and the Soviet Union and other measures to reduce the risk of nuclear confrontation, and has initiated discussions at a working level with the Soviet Union pertaining to— (A) the addition of a high speed facsimile capability to the direct communication link (hotline); (B) the creation of a joint military communications link between the Department of Defense and the Soviet Defense Ministry; and (C) the establishment by the Governments of the United States and Soviet Union of high-rate data communication links between each nation and its embassy in the other nation's capital. (6) The establishment of nuclear risk reduction centers in Washington and Moscow could reduce the risk of increased tensions and nuclear confrontations, thereby enhancing the security of both the United States and the Soviet Union. (7) These centers could serve a variety of functions, including— (A) discussing procedures to be followed in the event of possible incidents involving the use of nuclear weapons by third parties; (B) maintaining close contact during nuclear threats or incidents precipitated by third parties; (C) exchanging information on a voluntary basis concerning events that might lead to the acquisition of nuclear weapons, materials, or equipment by subnational groups; (D) exchanging information about United States-Union of Soviet Socialist Republics military activities which might be misunderstood by the other party during periods of mounting tensions; and (E) establishing a dialog about nuclear doctrines, forces, and activities. (8) The continuing and routine implementation of these various activities could be facilitated by the establishment within each Government of facilities, organizations, and bureaucratic relationships designated for these purposes, such as risk reduction centers, and by the appointment of individuals responsible to the respective head of state with responsibilities to manage such centers. (b) The Congress— (1) commends the President for his announced support for the confidence building measures described in subsection (a) and his initiation of negotiations which have occurred; and

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(2) urges the President to pursue negotiations on these measures with the Government of the Soviet Union and to add to these negotiations the establishment of nuclear risk reduction centers in both nations to be operated under the direction of the appropriate diplomatic and defense authorities. SENSE OF CONGRESS REGARDING A REPORT TO CONGRESS ON CERTAIN VERIFICATION PROGRAMS RELATING TO BIOLOGICAL AND CHEMICAL WEAPONS

SEC. 1109. (a) The Congress makes the following findings: (1) The Iran-Iraq war has recently demonstrated a marked increase in the proliferation of technology on the production of chemical weapons and an increase in the willingness of nations to use such weapons in armed conflict. (2) The President's Report to Congress on Soviet Arms Control Noncompliance concluded that the Soviet Union has refused to respond adequately to United States concerns about the transfer or use by the Soviet Union of lethal chemical warfare agents in Laos, Kampuchea, and Afghanistan and United States concerns about adherence by the Soviet Union to the 1972 Biological and Toxin Weapons Convention. (3) Experts at the recent annual meeting of the American Association for the Advancement of Science and at the First World Congress on New Compounds in Biological and Chemical Warfare held at Ghent, Belgium, emphasized that better verification of the use of chemical weapons and of the development of biological and toxin weapons was essential to strengthen the 1972 Biological and Toxin Weapons Convention and the Geneva Protocol of 1925. (4) The 1972 Biological and Toxin Weapons Convention is scheduled for review in 1985. (5) The United States is anxious to promote and strengthen adherence to the Geneva Protocol of 1925 and the 1972 Biological and Chemical Weapons Convention and is vigorously pursuing a comprehensive, verifiable, international agreement to ban chemical weapons. (6) Any comprehensive agreement intended to ban the production, storage, and transfer of chemical weapons must provide for effective measures of verification and enforcement and in order for the 1972 Biological and Toxin Weapons Convention to be effective, compliance with the terms of the convention must be verifiable; and (7) The Congress must be well informed regarding existing and planned programs for verifying compliance with the 1972 Biological and Toxin Weapons Convention and with a chemical weapons ban agreement. (b) It is the sense of Congress that the President should submit to the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives a comprehensive report identifying and evaluating— (1) existing and planned programs to support verification requirements necessary to determine compliance with the 1972 Biological and Toxin Weapons Convention and a chemical weapons ban; and

Iran-Iraq war.

President of U.S.

26 UST 583. 26 UST 571.

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26 UST 583.

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(2) the budget resources necessary to support verification requirements necessary to determine compliance with the 1972 Biological and Toxin Weapons Convention and a chemical weapons ban. (c) The President is requested to submit the report referred to in subsection (b) to the committees referred to in such subsection not later than December 31, 1984. SENSE OF CONGRESS EXPRESSING SUPPORT FOR UNITED STATES TO PURSUE OUTSTANDING ARMS CONTROL COMPLIANCE

President of U.S.

President of U.S.

SEC. 1110. (a) The Congress makes the following findings: (I) It is a vital security objective of the United States to limit the Soviet nuclear threat against the United States and its allies. (2) The President has declared that "as for existing strategic arms agreements, we will refrain from actions which undercut them so long as the Soviet Union shows equal restraint". (3) The United States has legitimate concerns about certain Soviet actions and behavior relevant to limitations and other provisions of existing strategic arms agreements. (4) The President has declared that "the United States will continue to press compliance issues with the Soviet Union through diplomatic channels, and to insist upon explanations, clarifications, and corrective actions". (5) The President has also declared that "the United States is continuing to carry out its obligations under relevant agreements". (6) It would be detrimental to the security interests of the United States and its allies and to international peace and stability for the last remaining limitations on strategic offensive nuclear weapons to break down or lapse before replacement by a new strategic arms control agreement between the United States and the Soviet Union. (7) The continuation of existing restraints on strategic offensive nuclear arms would provide an atmosphere more conducive to achieving an agreement significantly reducing the levels of nuclear arms. (8) The Soviet Union has not agreed to a date for resumption of the nuclear arms talks in Geneva, and it is incumbent on the Soviet Union to return to the negotiating table. (9) A termination of existing restraints on strategic offensive nuclear weapons could make the resumption of negotiations more difficult. (10) Both sides have, to date, abided by important numerical and other limits contained in existing strategic offensive arms agreements, including dismantling operational missile-firing submarines and remaining within the ceilings on multiplewarhead missile launchers and other related limits. (II) It is in the interest of the United States and its allies for the Soviet Union to continue to dismantle older missile-firing submarines as new ones are deployed and to continue to remain at or below a level of 820 launchers of intercontinental ballistic missiles with multiple independently targeted reentry vehicles, 1,200 launchers of intercontinental ballistic missiles with multiple independently targeted reentry vehicles and submarine launched ballistic missiles, and 1,320 launchers of interconti-

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nental ballistic missiles with multiple independently targeted reentry vehicles and submarine launched ballistic missiles and heavy bombers equipped with air launched cruise missiles, and other related limits in existing strategic offensive arms agreements, (b) In view of these findings, it is the sense of Congress that— (1) the United States should vigorously pursue with the Soviet Union the resolution of concerns over compliance with existing strategic and other arms control agreements and should seek corrective actions, where appropriate, through the Standing Consultative Commission and other available diplomatic channels; (2) the United States should, through December 31, 1985, continue to pursue its stated policy to refrain from undercutting the provisions of existing strategic offensive arms agreements so long as the Soviet Union refrains from undercutting the provisions of those agreements, or until a new strategic offensive arms agreement is concluded; (3) the President should provide a report to the Congress in both classified and unclassified forms reflecting additional findings regarding Soviet adherence to such a no-undercut policy, by February 15, 1985; (4) the President shall provide to Congress on or before June 1, 1985, a report that— (A) describes the implications of the United States Ship Alaska's sea trials, both with and without the concurrent dismantling of older launchers of missiles with multiple independently targeted reentry vehicles, for the current United States no-undercut policy on strategic arms and United States security interests more generally; (B) assesses possible Soviet political, military, and negotiating responses to the termination of the United States no-undercut policy; (C) reviews and assesses Soviet activities with respect to existing strategic offensive arms agreements; and (D) makes recommendations regarding the future of United States interim restraint policy; and (5) the President should carefully consider the impact of any change to this current policy regarding existing strategic offensive arms agreements on the long-term security interests of the United States and its allies and should consult with the Congress before making any change in current policy.

President of U.S: Report. Confidentiality. President of U.S. Report.

POLICY ON THE STATUS OF CERTAIN TREATIES TO PREVENT NUCLEAR TESTING

SEC. 1111. (a) The Senate makes the following findings: (1) The United States is committed in the Limited Test Ban Treaty of 1963 and in the Non-Proliferation Treaty of 1968 to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time. (2) A comprehensive test ban treaty would promote the security of the United States by constraining the United StatesSoviet nuclear arms competition and by strengthening efforts to prevent the proliferation of nuclear weapons. (3) The Threshold Test Ban Treaty was signed in 1974 and the Peaceful Nuclear Explosions Treaty was signed in 1976, and

14 UST 1313. 21 UST 483.

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President of U.S. Report.

Defense Procurement Reform Act of 1984.

PUBLIC LAW 98-525—OCT. 19, 1984

both have yet to be considered by the full Senate for its advice and consent to ratification. (4) The entry into force of the Peaceful Nuclear Explosions Treaty and the Threshold Test Ban Treaty will ensure full implementation of significant new verification procedures and so make completion of a comprehensive test ban treaty more probable. (5) A comprehensive test ban treaty must be adequately verifiable, and significant progress has been made in methods for detection of underground nuclear explosions by seismological and other means. (6) At present, negotiations are not being pursued by the United States and the Soviet Union toward completion of a comprehensive test ban treaty. (7) The past five administrations have supported the achievement of a comprehensive test ban treaty. (b) It is the sense of the Senate that at the earliest possible date, the President should— (1) request advice and consent of the Senate to ratification (with a report containing any plans the President may have to negotiate supplemental verification procedures, or if the President believes it necessary, any understanding or reservation on the subject of verification which should be attached to the treaty) of the Threshold Test Ban and Peaceful Nuclear Explosions Treaties, signed in 1974 and 1976, respectively; and (2) propose to the Soviet Union the immediate resumption of negotiations toward conclusion of a verifiable comprehensive test ban treaty. (c) In accordance with international law, the United States shall have no obligation to comply with any bilateral arms control agreement with the Soviet Union that the Soviet Union is violating. TITLE XII—PROCUREMENT POLICY REFORM AND OTHER PROCUREMENT MATTERS PART A—SHORT TITLE AND CONGRESSIONAL FINDINGS SHORT TITLE

10 USC 2301 note.

SEC. 1201. This title may be cited as the "Defense Procurement Reform Act of 1984". CONGRESSIONAL FINDINGS AND POLICY

Contracts. 10 USC 2301 note.

SEC. 1202. The Congress finds that recent disclosures of excessive payments by the Department of Defense for replenishment parts have undermined confidence by the public and Congress in the defense procurement system. The Secretary of Defense should make every effort to reform procurement practices relating to replenishment parts. Such efforts should, among other matters, be directed to the elimination of excessive pricing of replenishment spare parts and the recovery of unjustified payments. Specifically, the Secretary should— (1) direct that officials in the Department of Defense refuse to enter into contracts unless the proposed prices are fair and reasonable;

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(2) continue and accelerate ongoing efforts to improve defense contracting procedures in order to encourage effective competition and assure fair and reasonable prices; (3) direct that replenishment parts be acquired in economic order quantities and on a multiyear basis whenever feasible, practicable, and cost effective; (4) direct that standard or commercial parts be used whenever such use is technically acceptable and cost effective; (5) vigorously continue rexamination of policies relating to acquisition, pricing, and management of replenishment parts and of technical data related to such parts; and (6) ensure that persons that have developed products or processes offered or to be offered for sale to the public are not required, as a condition for the procurement of such products or processes by the Department of Defense, to provide to the United States technical data relating to the design, development, or manufacture of such products or processes (except for such data as may be necessary for the United States to operate and maintain the product or use the process if obtained by the United States as an element of performance under the contract). PART B—AMENDMENTS TO CHAPTER 137 OF TITLE 10, UNITED STATES CODE DEFINITIONS

SEC. 1211. Section 2302 of title 10, United States Code, is amended by adding at the end thereof the following new paragraphs: "(4) 'Technical data' means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. Such term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. "(5) 'Major system' means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. The elements may include hardware, equipment, software or any combination thereof, but excludes construction or other improvements to real property. A system shall be considered a major system if (A) the Department of Defense is responsible for the system and the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $75,000,000 (based on fiscal year 1980 constant dollars) or the eventual total expenditure for procurement of more than $300,000,000 (based on fiscal year 1980 constant dollars); (B) a civilian agency is responsible for the system and total expenditures for the system are estimated to exceed $750,000 (based on fiscal year 1980 constant dollars) or the dollar threshold for a 'major system' established by the agency pursuant to Office of Management and Budget (OMB) Circular A-109, entitled 'Major Systems Acquisitions', whichever is greater; or (C) the system is designated a 'major system' by the head of the agency responsible for the system.".

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PUBLIC LAW 98-525—OCT. 19, 1984 PUBLICATION OF PROPOSED REGULATIONS

SEC. 1212. (a) Chapter 137 of title 10, United States Code, is amended by inserting after section 2303 the following new section: Effective date. Federal Register, publication. Post, p. 3077. 10 USC 2303a.

Effective date. 10 USC 2303a note.

"(a) Except as provided in subsection (d), a procurement policy, regulation, procedure, or form (including amendments or modification thereto) that (1) has a significant effect beyond the internal operating procedures of the agency issuing the procurement policy, regulation, procedure, or form, or (2) has a significant cost or administrative impact on contractors or offerors may not take effect until 30 days after the procurement policy, regulation, procedure, or form is published for public comment in the Federal Register pursuant to subsection (b). "Ob) Subject to subsection (c), the head of the agency shall cause to be published in the Federal Register a notice of the proposed procurement policy, regulation, procedure, or form and provide for a public comment period for receiving and considering the views of all interested parties on such proposal. The length of such comment period may not be less than 30 days. "(c) Any notice of a proposed procurement policy, regulation, procedure, or form prepared for publication in the Federal Register shall include— "(1) in a format required for publication in the Federal Register, the text of the proposal or, if it is impracticable to publish the full text of the proposal, a summary of the proposal and a statement specifying the nemie and address of the officer or employee of the executive agency from whom the full text may be obtained; and "(2) a request for interested parties to submit comments on the proposal and shall include the name and address of the officer or employee of the Government designated to receive such comments. "(d)(1) The requirements of subsections (a) and (b) may be waived by the officer of the agency authorized to issue a procurement policy, regulation, procedure, or form if circumstances make compliance with such requirements impracticable. "(2) A procurement policy, regulation, procedure, or form with respect to which the requirements of subsections (a) and (b) are waived under paragraph (1) shall be effective on a temporary basis if— "(A) a notice of such procurement policy, regulation, procedure, or form is published in the Federal Register and includes a statement that the procurement policy, regulation, procedure, or form is temporary; and "(B) provision is made for a public comment period of 30 days beginning on the date on which the notice is published. After considering the comments received, the head of the agency waiving the requirements of subsections (a) and (b) under paragraph (1) may issue the final procurement policy, regulation, procedure, or form.". (b) The amendment made by subsection (a) shall take effect with respect to procurement policies, regulations, procedures, or forms first proposed to be issued by an agency on or after the date which is 30 days after the date of enactment of this Act.
 * '§ 2303a. Publication of proposed regulations

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PLANNING FOR PROCUREMENT OF SUPPLIES AND FOR FUTURE COMPETITION

SEC. 1213. (a) Section 2305 of title 10, United States Code, is Contracts, amended by adding at the end thereof the following new subsections: "(c) The Secretary of Defense shall ensure that before a contract for the delivery of supplies to the Department of Defense is entered into— "(1) when the appropriate officials of the Department are making an assessment of the most advantageous source for acquisition of the supplies (considering quality, price, delivery, and other factors), there is a review of the availability and cost of each item of supply— "(A) through the supply system of the Department of Defense; and "(B) under standard Government supply contracts, if the item is in a category of supplies defined under regulations of the Secretary of Defense as being potentially available under a standard Government supply contract; and "(2) there is a review of both the procurement history of the item and a description of the item, including, when necessary for an adequate description of the item, a picture, drawing, diagram, or other graphic representation of the item. "(d)(l)(A) The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a development contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in subparagraph (B). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system's required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror's price. "(B) The proposals that the head of an agency is to consider requiring in a solicitation for the award of a development contract are the following: "(i) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source. "(ii) With respect to items that are likely to be required in substantial quantities during the system's service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future. "(2)(A) The Secretary of Defense shall ensure that, in preparing a solicitation for the award of a production contract for a major system, the head of an agency consider requiring in the solicitation that an offeror include in its offer proposals described in subparagraph (B). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system's required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror's price.

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"(B) The proposals that the head of an agency is to consider requiring in a solicitation for the award of a production contract are proposals identifying opportunities to ensure that the United States will be able to obtain on a competitive basis items procured in connection with the system that are likely to be reprocured in substantial quantities during the service life of the system. Proposals submitted in response to such requirement may include the following: "(i) Proposals to provide to the United States the right to use technical data to be provided under the contract for competitive reprocurement of the item, together with the cost to the United States, if any, of acquiring such technical data and the right to use such data. "(ii) Proposals for the qualification or development of multiple sources of supply for the item. "(3) If the head of an agency is making a noncompetitive award of a development contract or a production contract for a major system, the factors specified in paragraphs (1) and (2) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded.". (b) The amendment made by subsection (a) shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act. DELEGATION OF CERTAIN PROCUREMENT FUNCTIONS

Contracts. Ante, p. 1194.

5 USC 5332.

SEC. 1214. Soction 2311 of title 10, United States Code, is amended— (1) by inserting "(a)" before "Except as provided in"; and (2) by adding at the end thereof the following new subsection: "ObXD The head of a procuring activity of an agency named in section 2303 of this title may delegate (subject to his direction) to any general or flag officer, to any civilian officer or employee serving in a position in grade GS-16 or above under the General Schedule (or in a comparable or higher position under another schedule), or to the head of a contracting office any authority of the head of the procuring activity to enter into a contract (or to approve the authority to enter into a contract) that is a sole-source contract or that results from an unsolicited proposal. "(2) Any report required to be submitted by the head of an agency to Congress concerning contracts (or negotiations for contracts) above a certain dollar threshold that are sole-source contracts or that result from unsolicited proposals and that are entered into without the approval of certain officials of the procuring activity concerned need not specify a contract or negotiation above the stated amount if the head of the procuring activity, his deputy, or a person to whom authority was delegated under paragraph (1) approved the authority to enter into the contract.". PERSONNEL EVALUATIONS TO INCLUDE EMPHASIS ON COMPETITION AND COST SAVINGS

SEC. 1215. Chapter 137 of title 10, United States Code, is amended by adding at the end thereof the following new section:

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