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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 625 (b) Funds for the purpose of subsection (a) may not be derived Funding from amounts appropriated for Army tactical conventional restriction. programs. TITLE m—OPERATION AND MAINTENANCE AUTHORIZATION OF APPROPRIATIONS SEC. 301. (a) ARMY. —Funds are hereby authorized to be appropri- ated for fiscal year 1984 in the total amount of $17,523,091,000 for expenses, not otherwise provided for, for the operation and mainte- nance of the Army as follows: (1) For general purpose forces, $6,389,569,000. (2) For intelligence and communications, $1,025,578,000. (3) For central supply and maintenance, $5,005,214,000. (4) For training, medical, and other general personnel activities, $3,858,200,000. (5) For administration, $1,138,288,000. (6) For support of other nations, $106,242,000. Qo) NAVY.— Funds are hereby authorized to be appropriated for fiscal year 1984 in the total amount of $22,489,400,000 for expenses, not otherwise provided for, for the operation and maintenance of the Navy and the Marine Corps as follows: (1) For strategic forces, $1,974,261,000. (2) For general purpose forces, $10,645,207,000. (3) For intelligence and communications, $1,063,381,000. (4) For central supply and maintenance, $6,160,033,000. (5) For training, medical, and other general personnel activities, $1,987,832,000. (6) For administration, $656,166,000. (7) For support of other nations, $2,520,000. (c) MARINE CORPS. —Funds are hereby authorized to be appropri- ated for fiscal year 1984 in the total amount of $1,554,700,000 for expenses, not otherwise provided for, for the operation and mainte- nance of the Marine Corps as follows: (1) For general purpose forces, $910,501,000. (2) For central supply and maintenance, $337,123,000. (3) For training, medical, and other general personnel activities, $210,773,000. (4) For administration, $96,303,000. (d) AIR FORCE. — Funds are hereby authorized to be appropriated for fiscal year 1984 in the total amount of $18,061,100,000 for expenses, not otherwise provided for, for the operation and mainte- nance of the Air Force as follows: (1) For strategic forces, $3,100,886,000. (2) For general purpose forces, $3,966,062,000. (3) For intelligence and communications, $1,792,317,000. (4) For airlift and sealift, $1,182,783,000. (5) For central supply and maintenance, $5,483,689,000. (6) For training, medical, and other general personnel activities, $1,986,810,000. (7) For administration, $540,310,000. (8) For support of other nations, $8,243,000. (e) DEFENSE AGENCIES. — Funds are hereby authorized to be appro- priated for fiscal year 1984 in the total amount of $6,709,400,000 for expenses, not otherwise provided for, for the operation and mainte-

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 97 STAT. 626 PUBLIC LAW 98-94—SEPT. 24, 1983 nance of activities and agencies of the Department of Defense (other than the miHtary departments) as follows: (1) For general purpose forces, $284,114,000. (2) For intelligence and communications, $2,279,559,000. (3) For central supply and maintenance, $1,559,231,000. (4) For training, medical, and other general personnel activities, $2,164,915,000. (5) For administration, $421,581,000. (f) ARMY RESERVE.— Funds are hereby authorized to be appropri- ated for fiscal year 1984 in the total amount of $685,500,000 for expenses, not otherwise provided for, for the operation and mainte- nance of the Army Reserve as follows: (1) For mission forces, $398,470,000. (2) For depot maintenance, $8,910,000- (3) For other support, $278,120,000. (g) NAVY RESERVE.— Funds are hereby authorized to be appropri- ated for fiscal year 1984 in the total amount of $675,300,000 for expenses, not otherwise provided for, for the operation and mainte- nance of the Navy Reserve as follows: (1) For mission forces, $413,148,000. (2) For depot maintenance, $88,538,000. (3) For other support, $173,614,000. (h) MARINE CORPS RESERVE.— Funds are hereby authorized to be appropriated for fiscal year 1984 in the total amount of $52,929,000 for expenses, not otherwise provided for, for the operation and maintenance of the Marine Corps Reserve as follows: (1) For mission forces, $27,503,000. (2) For depot maintenance, $1,589,000. (3) For other support, $23,837,000. (i) AIR FORCE RESERVE.— Funds are hereby authorized to be appro- priated for fiscal year 1984 in the total amount of $791,100,000 for expenses, not otherwise provided for, for the operation and mainte- nance of the Air Force Reserve as follows: . (1) For mission forces, $521,718,000. (2) For depot maintenance, $131,149,000. (3) For other support, $138,233,000. (j) ARMY NATIONAL GUARD.— Funds are hereby authorized to be appropriated for fiscal year 1984 in the total amount of $1,180,200,000 for expenses, not otherwise provided for, for the operation and maintenance of the Army National Guard as follows: (1) For training operations, $223,357,000. (2) For logistical support, $861,108,000. (3) For headquarters and command support, $85,374,000. (4) For medical support, $10,361,000. (k) AIR NATIONAL GUARD. —Funds are hereby authorized to be appropriated for fiscal year 1984 in the total amount of $1,808,900,000 for expenses, not otherwise provided for, for the operation and maintenance of the Air National Guard as follows: (1) For mission forces, $1,292,200,000. (2) For depot maintenance, $403,700,000. (3) For other support, $113,000,000. (1) NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY.— There is hereby authorized to be appropriated for fiscal year 1984 the amount of $899,000 for the expenses of the Secretary of the Army, upon the recommendation of the National Board for the Promotion of Rifle Practice, under section 4308 of title 10,

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 627 4313. United States Code, and the expenses of the Secretary of the Army under sections 4309 and 4313 of such title. lo usc 4309, (m) CLAIMS, DEFENSE.—T here is hereby authorized to be appropri- ated for fiscal year 1984 the amount of $172,900,000 for payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions). (n) COURT OF MILITARY APPEALS, DEFENSE.—T here is hereby au- thorized to be appropriated for fiscal year 1984 the amount of $3,372,000 for salaries and expenses for the United States Court of Military Appeals. GENERAL AUTHORIZATION OF APPROPRIATIONS FOR PAY RAISES, FUEL COSTS, AND INFLATION ADJUSTMENTS SEC. 302. There are authorized to be appropriated for fiscal year 1984, in addition to the amounts authorized to be appropriated in section 301, such sums as may be necessary— (1) for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds authorized to be appropriated in section 301; (2) for unbudgeted increases in fuel costs; and (3) for increases as the result of inflation in the cost of activities authorized by section 301. PROHIBITION OF USE OF VESSELS WITH FOREIGN-BUILT MAJOR COMPONENTS UNDER CERTAIN LEASES OR SERVICE CONTRACTS SEC. 303. (a)(1) None of the funds appropriated pursuant to the authorizations of appropriations in section 301 may be obligated or expended for the lease of a vessel which has not previously been placed in service, or for the provision of a service through use by a contractor of a vessel which has not previously been placed in service, under a contract which will be for a long term or under which the United States will have a substantial termination liability and under which the vessel involved will have a main propulsion system or other major component of the hull or superstructure not built in the United States. (2) None of the funds appropriated pursuant to the authorizations of appropriations in section 301 may be obligated or expended for a contract that is an agreement to lease or an agreement to provide services and that is (or will be) accompanied by a contract for the actual lease or provision of services if the contract for the actual lease or provision of services is (or will be) a contract described in paragraph (1). (b) For purposes of subsection (a)— (1) a contract shall be considered to be for a long term if the term of the contract, including all options under the contract, is for more than 5 years; and (2) the United States shall be considered to have a substantial termination liability under a contract if, as determined under regulations prescribed by the Secretary of Defense, the sum of— (A) the present value of the amount of the termination liability of the United States under the contract as of the end of the term of the contract (exclusive of any option to extend the contract), and

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 97 STAT. 628 PUBLIC LAW 98-94—SEPT. 24, 1983 (B) the present value of the total of the payments to be made by the United States under the contract (excluding any option to extend the contract) attributable to capital- hire, is more than one-half the price of the vessel involved. (c) Subsection (a) does not apply with respect to a contract entered into before the date of the enactment of this Act. Presidential approval of justification. Copies forwarded to congressional committees. AUTHORIZATION OF APPROPRIATIONS FOR ASSISTANCE FOR 1984 GAMES OF THE XXIII OLYMPIAD SEC. 304. (a) Notwithstanding any other provision of law, the Secretary of Defense is authorized— (1) to provide logistical support and personnel services to the 1984 games of the XXIII Olympiad; (2) to lend and provide equipment in support of the 1984 games of the XXIII Olympiad; and (3) to provide such other services in support of the 1984 games of the XXIII Olympiad as the Secretary may consider advisable. (b) There is authorized to be appropriated to the Department of Defense for fiscal 1984 an amount not to exceed $50,000,000 for the purpose of carrying out subsection (a). Except for funds used for pay and nontravel related allowances for members of the Armed Forces (other than members of the reserve components called or ordered to active duty to provide support for the XXIII Olympiad), no funds may be obligated for such purpose unless specifically appropriated for such purpose. The costs for pay and nontravel related allowances of members of the Armed Forces (other than members of the reserve components called or ordered to active duty to provide support for the XXIII Olympiad) may not be charged to appropriations made pursuant to this authorization. (c) None of the funds appropriated pursuant to the authorization contained in this section may be obligated until the President approves the justification for the assistance described in subsection (a) submitted by the Olympic Law Enforcement Coordination Coun- cil. The justification shall include an explanation of the necessity for the requested support for security, medical services, and for related equipment or other support. The justification shall also include the operational responsibilities and financial limitations of each govern- mental agency represented on the Council. Such justification shall be presented in such detail as the Secretary of Defense considers necessary. (d) Upon approval of the justification referred to in subsection (c) by the President, a copy of such justification shall be forwarded to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives. SHELTER FOR THE HOMELESS AT MILITARY INSTALLATIONS SEC. 305. (a)(1) Chapter 151 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 2546. "§ 2546. Shelter for homeless; incidental services "(a)(1) The Secretary of a military department may make military installations under his jurisdiction available for the furnishing of shelter to persons without adequate shelter. The Secretary may, incidental to the furnishing of such shelter, provide services as

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 629 described in subsection (b). Shelter and incidental services provided under this section may be provided without reimbursement. "(2) The Secretary concerned shall carry out this section in cooper- ation with appropriate State and local governmental entities and charitable organizations. The Secretary shall, to the maximum extent practicable, use the services and personnel of such entities and organizations in determining to whom and the circumstances under which shelter is furnished under this section. "(b) Services that may be provided incident to the furnishing of shelter under this section are the following: "(1) Utilities. "(2) Bedding. " (3) Security. "(4) Transportation. "(5) Renovation of facilities. "(6) Minor repairs undertaken specifically to make suitable space available for shelter to be provided under this section. "(7) Property liability insurance. "(c) Shelter and incidental services may only be provided under this section to the extent that the Secretary concerned determines will not interfere with military preparedness or ongoing military functions. "(d) The Secretary of Defense shall prescribe regulations for the administration of this section.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2546. Shelter for homeless; incidental services.". (b) Section 2546 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1983. TITLE IV—ACTIVE FORCES AUTHORIZATION OF END STRENGTHS SEC. 401. The Armed Forces are authorized strengths for active duty personnel as of September 30, 1984, as follows: (1) The Army, 780,000. (2) The Navy, 564,800. (3) The Marine Corps, 196,600. (4) The Air Force, 594,500. Regulations. Effective date. 10 USC 2546 note. QUALITY CONTROL ON ENLISTMENTS INTO THE ARMY FOR FISCAL YEAR 1984 SEC. 402. Effective on October 1, 1983, section 302(a) of the Depart- ment of Defense Authorization Act, 1981 (Public Law 96-342; 10 U.S.C. 520 note), is amended by striking out "October 1, 1982" and "September 30, 1983" and inserting in lieu thereof "October 1, 1983" and "September 30, 1984", respectively. Effective date. EXTENSION OF AUTHORITY FOR THE TEMPORARY PROMOTIONS OF CERTAIN NAVY UEUTENANTS SEC. 403. Section 5721(f) of title 10, United States Code, is amended by striking out "September 30, 1983" and inserting in lieu thereof "September 30, 1984".

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 97 STAT. 630 PUBLIC LAW 98-94—SEPT. 24, 1983 Notification of congressional committees on exceeding limit. LIMIT ON FUNDS FOR PERMANENT CHANGE OF STATION (PCS) TRAVEL DURING FISCAL YEAR 1984 SEC. 404. (a)(1) Except as provided in paragraph (2), during fiscal year 1984, not more than $2,585,626,000 may be spent from funds available to the Department of Defense for permanent change of station travel (including all expenses of such travel for organiza- tional movements). Assignments for temporary duty may not be increased in order to circumvent the limitation in the preceding sentence. (2) The limit on expenditures specified in paragraph (1) may be exceeded if the Secretary of Defense notifies the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives of the need to exceed such limit and identifies the source of the funds that will be used for that purpose. (b) The Secretary of Defense shall take such steps as are neces- sary, consistent with the requirements of military readiness, to reduce the number of permanent changes of station of members of the Armed Forces. Such steps may include— (1) reductions to the minimum essential level in the number of permanent changes of station required within the continental United States; (2) extensions of the length of tours of duty overseas in locations other than locations that do not allow for accompanied tours; and (3) reductions in the number of active duty military personnel stationed outside the continental United States. TITLE V—RESERVE FORCES AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE 10 USC 261 note. SEC. 501. (a) For fiscal year 1984 the Selected Reserve of the reserve components of the Armed Forces shall be programed to attain average strengths of not less than the following: (1) The Army National Guard of the United States, 425,000. (2) The Army Reserve, 273,700. (3) The Naval Reserve, 112,600. (4) The Marine Corps Reserve, 40,300. (5) The Air National Guard of the United States, 103,400. (6) The Air Force Reserve, 68,600. (7) The Coast Guard Reserve, 12,000. Reduction. (b) The average strength prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such compo- nent who are on active duty (other than for training or for unsatis- factory participation in training) without their consent at any time Increase. during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members.

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 631 AUTHORIZATION OF END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES SEC. 502. Within the average strengths prescribed in section 501, the reserve components of the Armed Forces and the National Guard are authorized, as of September 30, 1984, the following number of Reserves to be serving on full-time active duty, and members of the National Guard to be serving in a full-time duty status, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components or the National Guard: (1) The Army National Guard and the Army National Guard of the United States, 18,194. (2) The Army Reserve, 9,914. (3) The Naval Reserve, 13,846. (4) The Marine Corps Reserve, 801. (5) The Air National Guard and the Air National Guard of the United States, 5,915. (6) The Air Force Reserve, 517. (b) Upon a determination by the Secretary of Defense that such action is in the national interest, the end strengths prescribed by subsection (a) may be increased by a total of not more than the number equal to 2 percent of the total end strengths prescribed. Increase. INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OP THE RESERVE COMPONENTS SEC. 503. (a) The table in section 517(b) of title 10, United States Code, is amended to appear as follows: Army Navy Air Force Marine Corps E-9. E-8. 314 1,494 156 381 143 617 6 56". (b) The table in section 524(a) of such title is amended to appear as follows: 10 USC 524. "Grade Army Navy Air Force Marine Corps Major or Lieutenant Commander 1,948 823 408 95 Lieutenant Ctolonel or Commander 967 520 303 48 Colonel or Navy Captain 338 177 171 23" (c) The amendments made by subsections (a) and (b) shall take effect on October 1, 1983. Effective date. 10 USC 517 note. CLARIFICATION OF STATUS OF CERTAIN MEMBERS OF THE NATIONAL GUARD SERVING IN A FULL-TIME STATUS SEC. 504. (a) Section 502 of the Department of Defense Authoriza- tion Act, 1983 (Public Law 97-252; 96 Stat. 726), is amended— (1) by inserting "and the National Guard" after "the Armed Forces";

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 97 STAT. 632 PUBLIC LAW 98-94—SEPT. 24, 1983 32 USC 335. 10 USC 265. 10 USC 524, 976. Legislation, submittal to congressional committees. (2) by inserting ", and members of the National Guard to be serving in a full-time duty status," after "active duty"; (3) by inserting "or the National Guard" after "reserve com- ponents" the second place it appears; (4) by striking out paragraph (1) and inserting in lieu thereof the following: "(1) The Army National Guard and the Army National Guard of the United States, 14,419."; and (5) by striking out paragraph (5) and inserting in lieu thereof the following: "(5) The Air National Guard and the Air National Guard of the United States, 5,158.". (b)(1) Chapter 3 of title 32, United States Code, is amended by adding at the end thereof the following new section: "§ 335. Status of certain members performing full-time duty "Members of the National Guard serving in a full-time duty status for the purpose of organizing, administering, recruiting, in- structing, or training the National Guard shall be entitled to all rights, privileges, and benefits of members called to active duty under section 265 of title 10 and shall be considered to be serving on active duty for purposes of sections 524(a) and 976 of such title.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "335. Status of certain members performing full-time duty.". (c) Not later than November 15, 1983, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a draft of legislation to provide on a permanent basis that members of the National Guard described in section 335 of title 32, United States Code, as added by subsection (b), are under State control except when explicitly ordered to Federal service in accordance with law. TITLE VI—CIVILIAN PERSONNEL Report to Congress. Direct-hire and indirect-hire civilian personnel. AUTHORIZATION OF END STRENGTH SEC. 601. (a) The Department of Defense is authorized a strength in civilian personnel, as of September 30, 1984, of 1,056,200. (b) The strength for civilian personnel prescribed in subsection (a) shall be apportioned among the Department of the Army, the Department of the Navy, the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense shall report to the Congress within 60 days after the date of enactment of this Act on the manner in which the initial allocation of civilian personnel is made among the military departments and the agencies of the Depart- ment of Defense (other than the military departments) and shall include the rationale for each allocation. (c)(1) In computing the strength for civilian personnel, there shall be included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency) whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 633 students and disadvantaged youth such as the stay-in-school cam- paign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker- trainee opportunity program. (2) Personnel employed under a part-time career employment program established by section 3402 of title 5, United States Code, shall be counted as prescribed by section 3404 of that title. Person- nel employed in an overseas area on a part-time basis under a nonpermanent local-hire appointment who are dependents accompa- nying a Federal civilian employee or a member of a uniformed service on official assignment or tour of duty shall also be counted as prescribed by section 3404 of that title. (3) Whenever a function, power or duty, or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense, or from another department or agency within the Department of Defense, the civilian personnel end-strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian person- nel required as a result of such transfer or assignment. (d) When the Secretary of Defense determines that such action is necessary in the national interest, the Secretary of Defense may authorize the employment of civilian personnel in excess of the number authorized by subsection (a), but such additional number may not exceed 2 percent of the total number of civilian personnel authorized for the Department of Defense by subsection (a). The Secretary of Defense shall promptly notify the Congress of any authorization to increase civilian personnel strength under this subsection. Part-ti me career employees. 5 USC 3404. Transferred or assigned functions, duties, or activities. Excess civilian personnel. Notification of Congress. CIVIUAN PERSONNEL CEIUNGS ON INDUSTRIALLY FUNDED ACTIVITIES DURING FISCAL YEAR 1983 SEC. 602. In computing the authorized strength for civilian person- nel prescribed in section 601(a) of the Department of Defense Au- thorization Act, 1983 (Public Law 97-252; 96 Stat. 727), any increase during fiscal year 1983 in the number of civilian personnel of industrially funded activities of the Department of Defense in excess of the number of civilian personnel employed in such activities on September 30, 1982, shall not be counted. TITLE VII—MILITARY TRAINING STUDENT LOADS AUTHORIZATION OF TRAINING STUDENT LOADS SEC. 701. (a) For fiscal year 1984, the components of the Armed Forces are authorized average military training student loads as follows: (1) The Army, 71,817. (2) The Navy, 66,911. (3) The Marine Corps, 21,105. (4) The Air Force, 49,007. (5) The Army National Guard of the United States, 21,105. (6) The Army Reserve, 12,724. (7) The Naval Reserve, 2,886. (8) The Marine Corps Reserve, 3,223. (9) The Air National Guard of the United States, 2,845.

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 97 STAT. 634 PUBLIC LAW 98-94—SEPT. 24, 1983 Ante, pp. 629, 630, 632. (10) The Air Force Reserve, 1,705. (b) The average military student loads for the Army, the Navy, the Marine Corps, and the Air Force and the reserve components authorized in subsection (a) for fiscal year 1984 shall be adjusted consistent with the manpower strengths authorized in titles IV, V, and VI of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the reserve components in such manner as the Secretary of Defense shall prescribe. EXTENSION OF REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE IN A UNIT OF THE JUNIOR RESERVE OFFICERS' TRAINING CORPS SEC. 702. Section 602 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2031 note), is amended by striking out "August 31, 1983" and inserting in lieu thereof "August 31, 1984". TITLE VIII—CIVIL DEFENSE AUTHORIZATION OF APPROPRIATIONS SEC. 801. There is hereby authorized to be appropriated for fiscal year 1984 to carry out the provisions of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251 et seq.) the sum of $169,000,000. AMOUNT AUTHORIZED FOR CONTRIBUTIONS FOR STATE PERSONNEL AND ADMINISTRATIVE EXPENSES SEC. 802. Notwithstanding the second proviso of section 408 of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2260), $54,000,000 of the amount authorized to be appropriated by section 801 is available for appropriations for contributions to the States under section 205 of such Act (50 U.S.C. App. 2286) for personnel and administrative expenses. TITLE IX—MILITARY COMPENSATION AND HEALTH CARE MATTERS PART A—PAY AND ALLOWANCES 37 USC 1009 note. Effective date. PAY INCREASE OF 4 PERCENT FOR MEMBERS OF THE UNIFORMED SERVICES SEC. 901. (a) The adjustment required by section 1009 of title 37, United States Code, in certain elements of the compensation of members of the uniformed services to become effective on October 1, 1983, shall not be made. (b)(1) Subject to the provisions of paragraphs (2) and (3), each element of compensation specified in section 1009(a) of title 37, United States Code, shall be increased for members of the uniformed services by 4 percent effective on April 1, 1984. (2) The increase provided for in paragraph (1) shall not apply to enlisted members in pay grade E-1 with less than 4 months active duty. (3) The President may allocate the percentage increase specified under paragraphs (1) and (2) in the same manner and to the same extent the President is authorized under subsections (c) and (d) of

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 635 section 1009 of title 37, United States Code, to allocate any percent- age increase described in subsection (b)(3) of section 1009 of such title. (c) Notwithstanding the effective date of April 1, 1984, prescribed in subsection (b) for the increase in compensation of members of the uniformed services, if an adjustment is made after the date of the enactment of this Act in the Gteneral Schedule of compensation for Federal classified employees and such adjustment is to become effective before April 1, 1984, the increase in the compensation of members of the uniformed services provided for in subsection (b) shall become effective on the first day of the first pay period for members of the uniformed services which begins on or after the effective date of the adjustment made in the compensation of Fed- eral classified employees. Adjustment, applicability of effective date. ADJUSTMENT IN BASIC PAY OF CERTAIN OFFICERS WITH PRIOR ENLISTED AND WARRANT OFFICER SERVICE SEC. 902. (a) Section 203(d) of title 37, United States Code, is amended to read as follows: "(d) The basic pay of a commissioned officer who is in pay grade 0-1, 0-2, or 0-3 and who is credited with a total of over four years* active service as a warrant officer or as a warrant officer and enlisted member shall be computed in the same manner as the basic pay of a commissioned officer in the same pay grade who has been credited with over four years' active service as an enlisted member.". (b) The amendment made by subsection (a) shall take effect on October 1, 1983. Effective date. 37 USC 203 note. HAZARDOUS DUTY PAY FOR CERTAIN TOXIC FUEL HANDLERS SEC. 903. (a) Section 301(aK12) of title 37, United States Code, is amended by inserting "or the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used" after "propellants". (b) The amendment made by subsection (a) shall take effect on October 1, 1983. Effective date. 37 USC 301 note. EXTENSION OF SPECIAL PAY FOR CERTAIN AVIATION CAREER OFFICERS SEC. 904. (a)(1) Section 301b(e) of title 37, United States Code, is amended by striking out paragraph (2) and inserting in lieu thereof the following: "(2) During the period beginning on October 1, 1983, and ending on September 30, 1984, onlj' agreements executed by officers of the Navy or Marine Corps who are pilots may be accepted under this section. "(3) During the period beginning on October 1, 1983, and ending on September 30, 1984, only an agreement— "(A) that is executed by an officer who— "(i) has at least six but less than eleven years of active duty; "(ii) has completed the minimum service required for aviation training; and " (iii) has not previously been paid special pay authorized by this section; and

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 97 STAT. 636 PUBLIC LAW 98-94—SEPT. 24, 1983 "(B) that requires the officer to remain on active duty in aviation service for either three or four years; may be accepted under this section. An officer from whom an agreement is accepted during such period may be paid an amount not to exceed $4,000 for each year covered by that agreement if that officer agrees to remain on active duty for three years or an amount not to exceed $6,000 for each year covered by that agreement if that officer agrees to remain on active duty for four years. An agreement that requires an officer to remain on active duty in aviation service for six years may also be accepted during such period if the officer meets the requirements of clause (A) of this paragraph and the officer has completed less than seven years of active duty. An officer from whom such an agreement is accepted may be paid an amount not to exceed $6,000 for each year covered by the agreement. "(4) An officer may not receive incentive pay under section 301 of 37 USC 301. this title for the performance of hazardous duty for any period of service which the officer is obligated to serve pursuant to an agree- ment entered into under this section.". 37 USC 301b. (2) Section 301b(f) of such title is amended by striking out "Sep- tember 30, 1982" and inserting in lieu thereof "September 30, 1984*'. 37 USC 301b (b)(1) It is the sense of the Congress that eligibility for special pay "°*®- for aviation career officers under section 301b of title 37, United States Code, should be made available only to officers who will likely be induced to remain on active duty in aviation service by receipt of the special pay. Written report (2) The Secretary of the Navy shall submit to the Congress not to Congress. j^^gj. H^QJ^ July 1, 1984, a written report, approved by the Secretary of Defense, on the payment of special pay for aviation career officers under section 301b of title 37, United States Code, since the date of the enactment of this Act. Such report shall include— (A) a list of the specific aviation specialties by aircraft type determined to be critical for purposes of the payment of special pay under such section since the date of the enactment of this Act; (B) the number of officers within each critical aviation spe- cialty who received the special pay under such section since the date of the enactment of this Act by grade, years of prior active service, and amounts of special pay received under such section; (C) an explanation and justification for the Secretary's desig- nation of an aviation specialty as "critical" and for the payment of special pay under section 301b of such title to officers who have more than eight years of prior active service and who are serving in pay grade 0-4 or above, if payment of such pay was made to such officers; and (D) an evaluation of the progress made since the date of the enactment of this Act toward eliminating shortages of aviators in the aviation specialties designated by the Secretary as critical. HOSTILE FIRE PAY FOR MEMBERS SERVING IN AREAS THREATENING IMMINENT DANGER SEC. 905. (a) Section 310(a) of title 37, United States Code, is amended— (1) by striking out "or" at the end of clause (2); (2) by striking out the period at the end of clause (3) and inserting in lieu thereof "; or"; and

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 637 (3) by inserting after clause (3) the following new clause: "(4) was on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.". (b)(1) The heading of section 310 of such title is amended to read as follows: "§310. Special pay: duty subject to hostile Hre or imminent danger". (2) The item relating to such section in the table of sections at the beginning of chapter 5 of such title is amended to read as follows: "310. Special pay: duty subject to hostile fire or imminent danger.". (c) The amendments made by this section shall take effect on October 1, 1983. 37 USC 310. Effective date. 37 USC 310 note. FREEZE OF VARIABLE HOUSING ALLOWANCE AT FISCAL YEAR 1983 RATES SEC. 906. During fiscal year 1984, the rates at which the variable housing allowance under section 403(a)(2) of title 37, United States Code, is paid shall be the same as the rates in effect on September 30, 1983. 37 USC 403 note. VARIABLE HOUSING ALLOWANCE FOR RESERVES ON ACTIVE DUTY FOR A PERIOD OF 140 DAYS OR MORE SEC. 907. (a) Section 403(a)(2) of title 37, United States Code, is amended— (1) by striking out "A member" in the first sentence of subparagraph (A) and inserting in lieu thereof "Except as pro- vided in subparagraph (D) of this paragraph, a member"; and (2) by adding at the end thereof the following new subpara- graph: "(D) A member of a reserve component is not entitled to a variable housing allowance while on active duty under a call or order to active duty specifying a period of less than 140 days.". (b) The amendments made by subsection (a) shall apply only with respect to members called or ordered to active duty after September 30, 1983. 37 USC 403 note. CLARIFICATION OF RULES FOR PAYMENT OF PER DIEM SEC. 908. (a) Section 402(e) of title 37, United States Code, is (1) by inserting "(1)" after "(e)"; and (2) by adding at the end thereof the following new paragraph: "(2) For purposes of subsection (b) of this section, a member shall not be considered to be performing travel under orders away from his designated post of duty if such member— "(A) is an enlisted member serving his first tour of active duty; "(B) has not actually reported to a permanent duty station pursuant to orders directing such assignment; and "(C) is not actually traveling between stations pursuant to orders directing a change of station.", (b) Section 404(f) of such title is amended by adding at the end thereof the following new paragraph: 37 USC 404.

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 97 STAT. 638 PUBLIC LAW 98-94—SEPT. 24, 1983 "(3) For purposes of entitlement to per diem in place of subsist- ence under subsection (d)(2) of this section, a member shall not be considered under subsection (a)(1) of this section to be performing travel under orders away from his designated post of duty if such member— "(A) is an enlisted member serving his first tour of active duty; "(B) has not actually reported to a permanent duty station pursuant to orders directing such assignment; and "(C) is not actually traveling between stations pursuant to orders directing a change of station.". CLARIFICATION OF ALLOWANCE FOR TRANSPORTATION OF MOTOR VEHICLE SEC. 909. Section 406(b)(1) of title 37, United States Code, is amended— (1) by inserting "(A)" before "Except as provided in paragraph (2)"; (2) by striking out the third and fourth sentences; and (3) by adding at the end thereof the following: "(B) Subject to uniform regulations prescribed by the Secretaries concerned, in the case of a permanent change of station in which the Secretary concerned has authorized transportation of a motor vehi- 10 USC 2634. cle under section 2634 of title 10 (except when such transportation is authorized from the old duty station to the new duty station), the member is entitled to a monetary allowance for transportation of that motor vehicle— "(i) from the old duty station to— "(I) the customary port of embarkation which is nearest the old duty station if delivery of the motor vehicle to the port of embarkation is not made in conjunction with the member's travel to the member's port of embarkation; or "(II) the customary port of embarkation which is nearest to the member's port of embarkation if delivery of the motor vehicle to the port of embarkation is made in con- junction with the member's travel to the member's port of embarkation; whichever is most cost-effective for the Government considering all operational, travel, and transportation requirements inci- dent to such change of station; and "(ii) from the customary port of debarkation which has been designated by the Government as most cost-effective for the Government considering all operational, travel, and transporta- tion requirements incident to such change of station to the new duty station. Such monetary allowance shall be established at a rate per mile that does not exceed the rate established under section 404(d)(1) of 37 USC 404. this title.". TRANSPORTATION FOR DEPENDENT CHILDREN ATTENDING SCHOOL IN THE UNITED STATES WHEN THE MEMBER-PARENT IS STATIONED OVER- SEAS SEC. 910. (a)(1) Chapter 7 of title 37, United States Code, is amended by inserting after section 429 the following new section:

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Page:Second Geological Survey of Pennsylvania Report of Progress PPP.djvu/19

The following table gives the distribution of the described species of the genera, and. It is seen that the number of species reached its maximum in the Chemung group, which would naturally be expected from the almost total disappearance of the order Trilobita at the close of the deposition of the Hamilton group.

Besides the species of the list here given, I have seen two undescribed species of, from the Chemung group, of New York; also a large form belonging to the genus , from the Hamilton group of western N. Y.; and another species, probably belonging to the latter genus, from the same horizon in the central part of the State.


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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 639 stationed overseas "(a) Under regulations to be prescribed by the Secretary of Regulations. Defense, a member of a imiformed service who— "(1) is assigned a permanent duty station outside the United States, "(2) is accompanied by his dependents at or near his oversea duty station (unless his only dependents are in the cat^ory of dependent described in clause (3) of this subsection), and "(3) has a dependent child who is under 23 years of age attending a school in the United States for the purpose of obtaining a secondary or undergraduate college education, may be paid the allowance set forth in subsection (b) of this section if he otherwise qualifies for such allowance. "(b) A member described in subsection (a) of this section may be paid a transportation allowance for each unmarried dependent child, who is under 23 years of age and is attending a school in the United States for the purpose of obtaining a secondary or under- graduate college education, of one annual trip between the school being attended and the member's duty station in the oversea area and return. The allowance authorized by this section may be trans- portation in kind or reimbursement therefor, as prescribed by the Secretaries concerned. However, the transportation authorized by this section may not be paid a member for a child attending a school in the United States for the purpose of obtaining a secondary education if the child is eligible to attend a secondary school for dependents that is located at or in the vicinity of the duty station of the member and is operated under the Defense Dependents' Educa- tion Act of 1978. 20 USC 921 note. "(c) Whenever possible, the Military Airlift Command or Military Seal^ Command shall be used, on a space-required basis, for the travel authorized by this section. ". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "430. Travel and transportation: dependent children of members stationed over- seas.". (b) Section 430 of title 37, United States Code, as added by 37 USC 430 note. subsection (a), shall apply only with respect to travel begun after September 30, 1983. CLARIFICATION OF ELIGIBILITY FOR SEPARATION PAY SEC. 911. (a) Subsection (c) of section 1174 of title 10, United States Code, is amended to read as follows: "(c)(1) Except as provided in paragraphs (2) and (3), a member of an armed force other than a regular member who after Septem- ber 14, 1981, is discharged or released from active duty and who has completed five or more, but fewer than 20, years of active service immediately before that discharge or release is entitled to separa- tion pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary concerned, if— "(A) the member's discharge or release from active duty is involuntary; or "(B) the member was not accepted for an additional tour of active duty for which he volunteered.
 * § 430. Travel and transportation: dependent children of members 37 USC 430.

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 97 STAT. 640 PUBLIC LAW 98-94—SEPT. 24, 1983 Effective date. 10 USC 1174 note. "(2) If the Secretary concerned determines that the conditions under which a member described in paragraph (1) is discharged or separated do not warrant separation pay under this section, that member is not entitled to that pay. "(3) A member described in paragraph (1) who was not on the active-duty Hst when discharged or separated is not entitled to separation pay under this section unless such member had com- pleted at least five years of continuous active duty immediately before such discharge or release. For purposes of this paragraph, a period of active duty is continuous if it is not interrupted by a break in service of more than 30 days.". (b) Subsection (g)(2) of such section is amended by inserting ", other than section 1212 of this title," after "any other provision of law". (c) The amendments made by this section shall take effect on October 1, 1983. 10 USC 7572 note. REIMBURSEMENTS FOR ACCOMMODATIONS IN PLACE OF QUARTERS SEC. 912. (a) Paragraph (3) of section 7572(b) of title 10, United States Code, is amended to read as follows: "(3) The total amount of reimbursement under this subsection may not exceed $9,000,000 for fiscal year 1981, $6,300,000 for fiscal year 1982, $1,700,000 for fiscal year 1983, and $1,300,000 for fiscal year 1984.". (b) Section 3 of Public Law 96-357 (94 Stat. 1182; 10 U.S.C. 7572 note) is amended by striking out "September 30, 1982" and inserting in lieu thereof "September 30, 1984". 10 USC 1040. 10 USC 1036 note. ADVANCE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR ESCORTS AND ATTENDANTS OF DEPENDENTS SEC. 913. (a) Section 1036 of title 10, United States Code, is amended by adding at the end thereof the following new sentence: "Such allowances may be paid in advance.". (b) The last sentence of section 1040(a) of such title is amended by inserting ", and such expenses may be paid in advance" after "attendants". (c) The amendments made by subsections (a) and (b) shall apply to travel performed by escorts or attendants of dependents on or after the date of the enactment of this Act. PART B—RETIRED PAY MATTERS 10 USC 1401a note. LIMITATION ON APPLICABILITY OF ONE YEAR LOOK-BACK PROVISION SEC. 921. (a)(1) Subsection (e) of section 1401a of title 10, United States Code, is repealed. (2)(A) Notwithstanding the repeal of such subsection, the provi- sions of such subsection shall apply in the case of any member or former member of the Armed Forces eligible to retire on the date of the enactment of this Act for a period of three years after such date in the same manner such provisions would have applied had they not been repealed. (B) The amount of retired or retainer pay of any member or former member of the Armed Forces who was eligible to retire on the date of the enactment of this Act and who becomes entitled to

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 641 10 USC 1402a. such pay at any time after the end of the three-year period begin- ning on the date of the enactment of this Act may not be less than it would have been had he become entitled to retired or retainer pay on the day before the end of such three-year period. (b) Subsection (f) of such section is amended by striking out ", subject to subsection (e) of this section," in the second sentence. ROUNDING OF RETIRED PAY AND SURVIVOR ANNUITIES TO NEXT LOWER WHOLE DOLLAR AMOUNT SEC. 922. (a)(1) Section 1401 of title 10, United States Code, is amended by inserting after the second sentence the following new sentence: "The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (2) Section 1401a of such title is amended by adding at the end lo usc I40ia. thereof the following new subsection: "(g) Retired or retainer pay of a member or former member of an armed force as adjusted under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (3) Section 1402(a) of such title is amended by striking out "as lo usc 1402. follows:" in the first sentence and inserting in lieu thereof "accord- ing to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (4) Section 1402(d) of such title is amended by striking out "as follows:" in the first sentence and inserting in lieu thereof "accord- ing to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (5) Section 1402a(a) of such title is amended by striking out "as follows:" and inserting in lieu thereof "according to the following table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (6) Section 1402a(d) of such title is amended by striking out "as follows:" and inserting in lieu thereof "according to the following table. The amount computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (7) Section 3991 of such title is amended by inserting after the 10 USC 3991. second sentence the following new sentence: "The amount com- puted, if not a multiple of $1, shall be rounded to the next lower multiple of $1. ". (8) Section 3992 of such title is amended by inserting after the 10 USC 3992. sentence preceding the table the following new sentence: "The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (9) Section 6151 of such title is amended by adding at the end 10 USC 6151. thereof the following new subsection: "(e) Retired pay computed under subsection (b) or (c), if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (10)(A) Chapter 571 of such title is amended by adding at the end thereof the following new section: "§ 6333. Treatment of fractions of dollar amounts in computing lo usc 6333. retired and retainer pay "Retired or retainer pay computed under this chapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (B) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: 11-194 0-85 — 22 QL 3

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 97 STAT. 642 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 6383. 10 USC 8991. 10 USC 8992. 10 USC 1437. 10 USC 1451. 33 USC 853o. 42 USC 211. Effective date. 10 USC 1401 note. "6333. Treatment of fractions of dollar amounts in computing retired and retainer pay". (11) Section 6383 of such title is amended by adding at the end thereof the following new subsection: "(k) Retired pay computed under subsection (c), if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (12) Section 8991 of such title is amended by inserting after the second sentence the following new sentence: "The amount com- puted, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (13) Section 8992 of such title is amended by inserting after the sentence preceding the table the following new sentence: "The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (14)(A) Section 1437(a) of such title is amended by adding at the end thereof the following new sentence: "The monthly amount of an annuity payable under this subchapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (B) Section 1451 of such title is amended by adding at the end thereof the following new subsection: "(e) The monthly amount of an annuity payable under this sub- chapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1. ". (b) Section 423(a) of title 14, United States Code, is amended by adding at the end thereof the following new sentence: "Retired pay, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (c) Section 16(a) of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853o) is amended by adding at the end thereof the following new sentence: "Retired pay, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (d) Section 211(a) of the Public Health Service Act (42 U.S.C. 212(a)) is amended by adding at the end thereof the following new paragraph: "(7) Retired pay computed under section 210(g)(3) or under para- graph (4) or (5) of this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (e) The amendments made by this section shall take effect on October 1, 1983. TERMINATION OF SIX-MONTH ROUNDING RULE FOR COMPUTING RETIRED PAY 10 USC 1402. 10 USC 1402a. 10 USC 3991. SEC. 923. (a)(1) The text of each of the footnotes listed in paragraph (2) is amended to read as follows: "Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one- twelfth of a year and disregard any remaining fractional part of a month.". (2) The footnotes referred to in paragraph (1) are the following: (A) Footnote 3 of the table in section 1401 of title 10, United States Code. (B) Footnote 2 of the table in section 1402(a) of such title. (C) Footnote 1 of the table in section 1402(d) of such title. (D) Footnote 1 of the table in section 1402a(a) of such title. (E) Footnote 1 of the table in section 1402a(d) of such title. (F) Footnote 4 of the table in section 3991 of such title.

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 643 (G) Footnote 2 of the table in section 3992 of such title, lo usc 3992. (H) Footnote 4 of the table in section 8991 of such title. 10 USC 8991. (I) Footnote 2 of the table in section 8992 of such title. 10 USC 8992. (b) Subsection (f) of section 1174 of title 10, United States Code, is amended to read as follows: "(f) In determining a member's years of active service for the purpose of computing separation pay under this section, each full month of service that is in addition to the number of full years of service creditable to the member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.". (c)(1) Paragraph (2) of section 6151(b) of such title is amended to 10 USC 6i5i. read as follows: "(2) In determining the number of years to be used as a multiplier under this subsection, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.". (2) The text of section 6328 of such title is amended to read as 10 USC 6328. follows: "In determining the total number of years of service to be used as a multiplier in computing the retired pay of officers retiring under this chapter, each full month of service that is in addition to the number of full years of service creditable to an officer is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.". (3) The first sentence of section 6330(d) of such title is amended to 10 USC 6330. read as follows: "For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.". (4) The text of section 6404 of such title is amended to read as 10 USC 6404. follows: "In determining the total number of years of service to be used as a multiplier in computing retired pay and separation pay on dis- charge under this chapter, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.". (d) The fourth sentence of section 423(a) of title 14, United States Code, is amended to read as follows: "In computing the number of years of service by which the rate of V-k percent is multiplied, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.". (e) Subsection (b) of section 16 of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853o) is amended to 33 USC 853o. read as follows: "(b) In computing the number of years of service of an officer for the purposes of subsection (a), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.". (f) Section 211(e) of the Public Health Service Act (42 U.S.C. 212(e)) is amended by striking out "a part of and all that follows and inserting in lieu thereof "each full month of service that is in addition to the number of full years of service credited to an officer

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 97 STAT. 644 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 1174 note. 10 USC 1331 note. is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.". (g) The amendments made by this section shall apply with respect to (1) the computation of retired or retainer pay of any individual who becomes entitled to that pay after SeptemtJer 30, 1983, and (2) the recomputation of retired pay under section 1402, 1402a, 3992, or 8992 of title 10, United States Code, of any individual who after September 30, 1983, becomes entitled to recompute retired pay under any such section. RETIRED PAY FOR CERTAIN OTHERWISE INELIGIBLE RESERVISTS SEC. 924. (a) Section 1331(c) of title 10, United States Code, relating to retired pay for nonregular service, is amended by striking out "unless he' the first place it appears and all that follows in such section and inserting in lieu thereof "unless— "(1) he performed active duty after April 5, 1917, and before November 12, 1918, or after September 8, 1940, and before January 1, 1947; or "(2) he performed active duty (other than for training) after June 26, 1950, and before July 28, 1953, after August 13, 1961, and before May 31, 1963, or after August 4, 1964, and before March 28, 1973.". (b) The amendment made by subsection (a) shall apply with respect to retired pay payable for months beginning after September 30, 1983, or the date of the enactment of this Act, whichever is later. 10 USC 1461. "Military retirement and survivor benefit programs." ACCRUAL FUNDING FOR MILITARY RETIREMENT SYSTEM SEC. 925. (a)(1) Title 10, United States Code, is amended by insert- ing after chapter 73 the following new chapter: " CHAPTER 74—DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND "Sec. "1461. Establishment and purpose of Fund; definition. "1462. Assets of Fund. "1463. Payments from the Fund. "1464. Board of Actuaries. "1465. Determination of contributions to the Fund. "1466. Payments into the Fund. "1467. Investment of assets of Fund. "§ 1461. Establishment and purpose of Fund; definition "(a) There is established on the books of the Treasury a fund to be known as the Department of Defense Military Retirement Fund (hereinafter in this chapter 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 on an actuarially sound basis liabilities of the Department of Defense under military retirement and survivor benefit programs. "(b) In this chapter, 'military retirement and survivor benefit programs' means— "(1) the provisions of this title creating entitlement to, or determining the amount of, retired or retainer pay; and "(2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 645 former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92-425, and section 5 of Public Law 96-402. "§1462. Assets of Fund "There shall be deposited into the Fund the following, which shall constitute the assets of the Fund: "(1) Amounts paid into the Fund under section 1466 of this title. "(2) Any amount appropriated to the Fund. "(3) Any return on investment of the assets of the Fund. "§ 1463. Payments from the Fund "(a) There shall be paid from the Fund— "(1) retired pay payable to persons on the retired lists of the Army, Navy, Air Force, and Marine Corps; "(2) retainer pay payable to members of the Fleet Reserve and Fleet Marine Corps Reserve; and "(3) benefits payable under programs under the jurisdiction of the Department of Defense that provide annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92-425, and section 5 of Public Law 96-402. "(b) The assets of the Fund are hereby made available for pay- ments under subsection (a). "§ 1464. Board of Actuaries "(a)(1) There is established in the Department of Defense a De- partment of Defense Retirement Board of Actuaries (hereinafter in this chapter referred to as the 'Board'). The Board shall consist of three members, who shall be appointed by the President from among qualified professional actuaries who are members of the Society of Actuaries. "(2)(A) Except as provided in subparagraph (B), the members of the Board shall serve for a term of 15 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 President for misconduct or failure to perform functions vested in the Board, and for no other reason. "(B) Of the members of the Board who are first appointed under this subsection, one each shall be appointed for terms ending five, ten, and fifteen years, respectively, after the date of appointment, as designated by the President at the time of appointment. "(3) A member of the Board who is not otherwise an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5, for each day the member is engaged in the performance of duties vested in the Board and is entitled to travel expenses, including a per diem allowance, in accordance with sec- tion 5703 of title 5. "(b) 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. 10 USC 1431 et seq., 1448notes. 10 USC 1462. 10 USC 1463. 10 USC 1431 et seq. 10 USC 1448 notes. 10 USC 1464. Membership. Term of office. Removal. Pay and per diem allowance. 5 USC 5331. 5 USC 5703. Annual report to Defense Secretary.

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 97 STAT. 646 PUBLIC LAW 98-94—SEPT. 24, 1983 Review. Post, p. 647; 96 Stat. 1049. 10 USC 1465. Original unfunded liability. 96 Stat. 908. Actuarial valuation. 96 Stat. 1049. "(c) The Board shall review valuations of the Fund under section 1466 of this title and under chapter 95 of title 31 and shall report periodically, not less than once every four years, to the President and Congress on the status of the Fund. The Board shall include in such reports recommendations for such changes as in the Board's judgment are necessary to protect the public interest and maintain the Fund on a sound actuarial basis. "§ 1465. Determination of contributions to the Fund "(a) Not later than six months after the Board of Actuaries is first appointed, the Board shall determine the amount that is the present value (as of October 1, 1984) of future benefits payable from the Fund that are attributable to service in the armed forces performed before October 1, 1984. That amount is the original unfunded liabil- ity of the Fund. The Board shall determine the period of time over which the original unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquida- tion of the original unfunded liability in accordance with such schedule shall be made as provided in section 1466(b) of this title. "(b)(1) The Secretary of Defense shall determine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under section 1466(a) of this title. That amount shall be determined as the product of— "(A) the current estimate of the value of the single level percentage of basic pay to be determined at the time of the next actuarial valuation under subsection (c); and "(B) the total amount of basic pay expected to be paid during that fiscal year to members of the armed forces (other than the Coast Guard) on active duty or in the Selected Reserve. "(2) The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense for that fiscal year for payments to be made to the Fund during that year under section 1466(a) of this title. The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under section 1105 of title 31. The President may comment and make recommen- dations concerning any such amount. "(c)(l)(A) Not less often than every four years, the Secretary of Defense shall carry out an actuarial valuation of Department of Defense military retirement and survivor benefit programs. Each actuarial valuation of such programs shall include a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay to be used for the purposes of subsection (b) and section 1466(a) of this title. "(2) If at the time of any such valuation (or any valuation carried out in order to comply with chapter 95 of title 31) there has been a change in benefits under a military retirement or survivor benefit program that has been made since the last such valuation and such change in benefits increases or decreases the present value of amounts payable from the Fund, the Secretary of Defense shall determine an amortization methodology and schedule for the amor- tization of the cumulative unfunded liability (or actuarial gain to the Fund) created by such change and any previous such changes so that the present value of the sum of the amortization payments (or reductions in payments that would otherwise be made) equals the

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 647 cumulative increase (or decrease) in the present value of such amounts. "(3) If at the time of any such valuation (or any valuation carried out in order to comply with chapter 95 of title 31) the Secretary of 96 Stat. 1049. Defense determines that, based upon changes in actuarial assump- tions 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 amortization of the cumulative gain or loss to the Fund created by such change in assumptions and any previous such changes in assumptions through an increase or decrease in the payments that would otherwise be made to the Fund. "(4) Contributions to the Fund in accordance with amortization schedules under paragraphs (2) and (3) shall be made as provided in section 1466(b) of this title. "(d) All determinations under this section shall be made using methods and assumptions approved by the Board of Actuaries (in- cluding assumptions of interest rates and inflation) and in accord- ance with generally accepted actuarial principles and practices. "(e) The Secretary of Defense shall provide for the keeping of such Recordkeeping. records as are necessary for determining the actuarial status of the Fund. "§ 1466. Payments into the Fund lo usc 1466 "(a) The Secretary of Defense shall pay into the Fund at the end of each month as the Department of Defense contribution to the Fund for that month the amount that is the product of^ "(1) the level percentage of basic pay determined under the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1465(c) of this title; and "(2) the total amount of basic pay paid that month to mem- bers of the armed forces (other than the Coast Guard) on active duty or in the Selected Reserve. Amounts paid into the Fund under this subsection shall be paid from funds available for the pay of members of the armed forces under the jurisdiction of the Secretary of a military department. "(b)(1) At the beginning of each fiscal year the Secretary of the Treasury shall promptly pay into the Fund from the General Fund of the Treasury the amount certified to the Secretary by the Secre- tary of Defense under paragraph (3). Such payment shall be the contribution to the Fund for that fiscal year required by sections 1465(a) and 1465(c) of this title. "(2) At the beginning of each fiscal year the Secretary of Defense shall determine the sum of the following: "(A) The amount of the payment for that year under the amortization schedule determined by the Board of Actuaries under section 1465(a) of this title for the amortization of the original unfunded liability of the Fund. "(B) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1465(c)(2) of this title for the amortization of any cumulative unfunded liability (or any gain) to the Fund resulting from changes in benefits. "(C) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1465(c)(3) of this title

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  [O'Hart's Irish Pedigrees, 1888, ii. 447; Lodge's Irish Peerage, 1789, iii. 256; Clarendon's Hist. of the Great Rebellion, 1888, v. 313–15; Carlyle's Cromwell, ii. 228–9, v. 233, App. xvi; Carte's Ormonde, ii. 97; Clarke Papers (Camd. Soc.), i. 421; Denis Murphy's Cromwell in Ireland, 1883, pp. 174 sq., 197, 230; Mil. Memoirs of John Gwynne, 1822, pp. 220 sq., 166; Carte's Collect. of Original Papers, 1739; Whitelocke's Memorials under dates 24 Jan. and 17 Feb. 1653; Gilbert's War in Ireland, iii. 216, vi. 80–5; Firth's Scotland and the Commonwealth (Scots Hist. Soc.), 1895, pp. 296, 297, 298, 302; Gardiner's Great Civil War, iv. 91, and Commonwealth, ii. 403–4; Masson's Milton, iii. 720; Heath's Chronicle of the late Intestine War, 1676, p. 355; Spottiswoode Society's Miscellany, vol. ii.; Sinclair's Guide up the Valley of the Tay, 1882; notes kindly furnished by John Christie, esq.]

WOGAN, JOHN (d. 1321?), chief justice and governor of Ireland, was, according to pedigrees supplied to Lewis Dwnn about 1590, a son of Sir Matthew Wogan (by Avicia, heiress of Walter Malephant), and great-grandson of Gwgan, son of Bleddyn ap Maenarch, lord of Brecknock. Gwgan, whose name in course of time was softened into Wogan, married Gwenllian, the heiress of Wiston in Pembrokeshire, where his descendants were subsequently settled. Others, with less probability, trace the family from the De Cogans, two of whom, Milo and Richard, accompanied Robert Fitz-Stephen from Pembrokeshire to Ireland in 1170, and then began the English conquest of that country (, Little England beyond Wales, pp. 123, 131–2). Still more fanciful is the descent from a Roman patrician named Ugus, given by a writer of the last century, on the authority of a manuscript pedigree shown him in 1742 at Florence by a Chevalier Ughi (, Hibernia Dominica).

Wogan was probably first introduced to Edward I's notice by William de Valence, earl of Pembroke [q. v.], when in November 1284 the king and his consort visited St. David's shrine on the completion of the Welsh war. At all events, his name first appears under the date of 22 May 1285, when Edward I granted him letters of protection with the view of his proceeding to Ireland (Cal. of Documents relating to Ireland, 1285–1292, p. 33). In 1290 he was a referee with Hugh Cressingham [q. v.] in a dispute between the queen and William de Valence, earl of Pembroke, and his wife (Rot. Parl. i. 31, 33). In 1292 he was one of the justices itinerant assigned to the four northern counties, and in 1295 was appointed chief justice of Ireland. Wogan arrived in Ireland on 18 Oct. 1295, and among his first acts he made a truce for two years between the Burkes and the Geraldines. In the same year he also convoked a parliament in Kilkenny, where it was enacted that the English colonists should not adopt Irish names. Immediately after, he took a troop of the English settlers to aid the king in Scotland, and it is mentioned that on 13 May 1296 the leaders were entertained by the king at Roxburgh Castle. On his return in 1298 he had the task of again reconciling the Burkes and the Geraldines, and thenceforward he ‘kept everything so quiet that we hear of no trouble in a great while’. In 1300 he made a second expedition to Scotland, and on his return called another parliament in 1302, when he also tried to levy a subsidy on the clergy. Edward II charged him with the duty of suppressing the knights templars in Ireland, which he carried out successfully in February 1307–8. In the following August he was recalled home, and some writers (e.g. ) have erroneously fixed his death at this date, but in June 1309 he was reappointed to his former office. He convoked two more parliaments at Kilkenny, one on 2 Feb. 1309–10, the other in 1311. He suffered defeat at the hands of the rebels on 7 July 1312, but they afterwards voluntarily surrendered to the king's mercy, whereupon Wogan towards the end of the month finally quitted Ireland, leaving behind him a great reputation as a firm administrator. He probably retired to live in his native county of Pembroke, his interest in which had been shown during his absence in Ireland by his founding in 1302 a chantry at St. David's in the chapel of St. Nicholas (also called the Wogan chapel) for the souls of himself, Edward I, and Bishop David Martin; and in grateful memory of the king's visit to St. David's in 1284 he also founded the chapel of King Edward (‘Acta et Statuta Ecclesiæ Menevensis’ in Harl. MS. 1249; and, p. 100; , Pembrokeshire, p. 88). He also procured from the king the livings of Llanhowel and Llandeloy (in Dewisland), and from the heirs of Hugo, baron of Naas in Kildare (a descendant of Maurice Fitz-Gerald), the manor of Maurice Castle, also in Dewisland (, Pembrokeshire, p. 406).

Wogan appears to have died in 1321. A tomb with the effigy of a knight, cross-legged, generally supposed to be Wogan's, formerly stood in the Wogan chapel at St. David's, but is now in Bishop Vaughan's chapel (Book of Howth, p. 146; cf. Cal. Close Rolls, 1318 and 1323, pp. 175, 200). He married Joan, sole heiress of Sir William


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 97 STAT. 648 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 1467. Effective dates. 10 USC 1464 note. 10 USC 1463 note. 10 USC 1462 note. for the amortization of any cumulative actuarial gain or loss to the Fund. "(3) The Secretary of Defense shall promptly certify the amount determined under paragraph (2) each year to the Secretary of the Treasury. "§ 1467. Investment of assets of Fund "The Secretary of the Treasury shall invest such portion of the Fund as is not in the judgment of the Secretary of Defense 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 of Defense, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obli- gations 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 tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, of title 10, United States Code, are amended by inserting after the item relating to chapter 73 the following new item: "74. Department of Defense Military Retirement Fund 1461". (b)(1) Section 1464 (relating to the Board of Actuaries) of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1983. (2) Sections 1463 (relating to payments from the Fund) and 1466 (relating to pa3niients to the Fund) of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1984. (3) There shall be transferred into the Fund on October 1, 1984, any unobligated balances of appropriations made to the Department of Defense that are currently available for retired pay, and amounts so transferred shall be part of the assets of the Fund. PART C—HEALTH-CARE MATTERS CHAMPUS PROVISIONS SEC. 931. (a) Section 1079 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by striking out the period at the end of clause (5) and inserting in lieu thereof "; and"; and Inpatient mental (B) by inserting after such clause the following new health services. claUSC: "(6) inpatient mental health services may not (except as provided in subsection (i)) be provided to a patient in excess of 60 days in any year."; and (2) by adding at the end thereof the following new subsections: " (i) The limitation in subsection (a)(6) does not apply in the case of inpatient mental health services— "(1) provided under the program for the hemdicapped under subsection (d); "(2) provided as residential treatment care; "(3) provided as partial hospital care; or "(4) provided pursuant to a waiver authorized by the Secre- tary of Defense because of extraordinary medical or psychologi-

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 649 cal circumstances that are confirmed by review by a non- Federal health professional pursuant to regulations prescribed by the Secretary of Defense. "(j)(1) A benefit may not be paid under a plan covered by this section in the case of a person enrolled in any other insurance, medical service, or health plan to the extent that the benefit is also a benefit under the other plan, except in the case of a plan adminis- tered under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). "(2)(A) The amount to be paid to a provider of services for services provided under a plan covered by this section may be determined under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health and Human Services which provide that the amount of such payments shall be determined to the extent practicable in accordance with the same reimbursement rules as apply to payments to providers of services of the same type under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). "(B) In subparagraph (A), 'provider of services' means a hospital, skilled nursing facility, comprehensive outpatient rehabilitation fa- cility, home health agency, or other institutional facility providing services for which payment may be made under a plan covered by this section. "(k) A plan covered by this section may include provision of liver transplants (including the cost of acquisition and transportation of the donated liver) in accordance with this subsection. Such a liver transplant may be provided if— "(1) the transplsCnt is for a dependent considered appropriate for that procedure by the Secretary of Defense in consultation with the Secretary of Health and Human Services and such other entities as the Secretary considers appropriate; and "(2) the transplant is to be carried out at a health-care facility that has been approved for that purpose by the Secretary of Defense after consultation with the Secretary of Health and Human Services and such other entities as the Secretary consid- ers appropriate.". (b) Subsection (d) of section 1086 of such title is amended to read as follows: "(d) The provisions of section 1079(j) of this title shall apply to a plan covered by this section.". (c) The amendments made by this section shall take effect on October 1, 1983, except that— (1) clause (6) of section 1079(a) of title 10, United States Code, as added by subsection (a)(1), shall not apply in the case of inpatient mental health services provided to a patient admitted before January 1, 1983, for so long as that patient remains continuously in inpatient status for medically or psychologically necessary reasons; and (2) subsection (k) of section 1079 of such title, as added by subsection (a)(D, shall apply with respect to liver transplant operations performed on or after July 1, 1983. "Provider of services." Liver transplants. 10 USC 1086. Ante, p. 648. Effective dates. 10 USC 1079 note. AUTHORITY FOR INCREASED USAGE OF CONTRACT HEALTH CARE PROVIDERS SEC. 932. (a)(1) Chapter 55 of title 10, United States Code, is amended by adding at the end thereof the following new section:

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 97 STAT. 650 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 1091. 37 USC 201 et seq., 401 et seq. 37 USC 205. Repeal. Repeal. Repeal. 37 USC 421. Effective date. 10 USC 1091 note. "§ 1091. Contracts for direct health care providers "(a) The Secretary concerned may contract with persons for serv- ices (including personal services) for the provision of direct health care services determined by the Secretary concerned to be required for the purposes of this chapter. "(b) A person with whom the Secretary contracts under this section for the provision of direct health care services under this chapter may be compensated at a rate prescribed by the Secretary concerned, but at a rate not greater than the rate of basic pay and allowances authorized by chapters 3 and 7 of title 37 for a commis- sioned officer in pay grade 0-6 with 26 or more years of service computed under section 205 of such title.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1091. Contracts for direct health care providers.". (b)(1) Section 4022 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 373 of such title is amended by striking out the item relating to section 4022. (c)(1) Section 9022 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 873 of such title is amended by striking out the item relating to section 9022. (d) Section 201 of title 37, United States Code, is amended— (1) by striking out subsection (b); (2) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; and (3) by striking out "subsections (d) and (e)" in subsection (e), as redesignated by clause (2), and inserting in lieu thereof "subsec- tions (c) and (dr. (e) Chapter 7 of title 37, United States Code, is amended— (1) by striking out section 421; and (2) by striking out in the table of sections at the beginning of such chapter the item relating to section 421. (f) The amendments made by this section shall take effect on October 1, 1983. Any contract of employment entered into under the authority of section 4022 or 9022 of title 10, United States Code, before the effective date of this section and which is in effect on such date shall remain in effect in accordance with the terms of such contract. STUDIES AND DEMONSTRATION PROJECTS RELATING TO HEALTH AND MEDICAL CARE SEC. 933. (a)(1) Chapter 55 of title 10, United States Code, is amended by adding after section 1091 (as added by section 932) the following new section: 10 USC 1092. health and medical care "(a)(1) The Secretary of Defense, in consultation with the Secre- tary of Health and Human Services, shall conduct studies and demonstration projects on the health care delivery system of the uniformed services with a view to improving the quality, efficiency, convenience, and cost effectiveness of providing health care services (including dental care services) under this title to members and former members and their dependents. Such studies and demonstra- tion projects may include the following:
 * '§ 1092. Studies and demonstration projects relating to delivery of

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 651 "(A) Alternative methods of payment for health and medical care services. " (B) Cost-sharing by eligible beneficiaries. "(C) Methods of encouraging efficient and economical delivery of health and medical care services. "(D) Innovative approaches to delivery and financing of health and medical care services. "(E) Alternative approaches to reimbursement for the admin- istrative charges of health care plans. "(F) Prepayment for medical care services provided to main- tain the health of a defined population. "(2) The Secretary of Defense shall include in the studies con- ducted under paragraph (1) alternative programs for the provision of dental care to the spouses and dependents of members of the uniformed services who are on active duty, including a program under which dental care would be provided the spouses and depend- ents of such members under insurance or dental plan contracts. A demonstration project may not be conducted under this section that provides for the furnishing of dental care under an insurance or dental plan contract. "(3) The Secretary of Defense shall submit to Congress from time to time written reports on the results of the studies and demonstra- tion projects conducted under this subsection and shall include in such reports such recommendations for improving the health-care delivery systems of the uniformed services as the Secretary consid- ers appropriate. " (b) Subject to the availability of appropriations for that purpose, the Secretary of Defense may enter into contracts with public or private agencies, institutions, and organizations to conduct studies and demonstration projects under subsection (a). "(c) The Secretary of Defense may obtain the advice and recom- mendations of such advisory committees as the Secretary considers appropriate. Each such committee consulted by the Secretary under this subsection shall evaluate the proposed study or demonstration project as to the soundness of the objectives of such study or demonstration project, the likelihood of obtaining productive results based on such study or demonstration project, the resources which were required to conduct such study or demonstration project, and the relationship of such study or demonstration project to other ongoing or completed studies and demonstration projects.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1092. Studies and demonstration projects relating to delivery of health and medical care. ". (b) Section 1092 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1983. MEDICAL MALPRACTICE PROTECTION FOR HEALTH-CARE PERSONNEL OF THE SOLDIERS' AND AIRMEN'S HOME SEC. 934. (a) Subsection (a) of section 1089 of title 10, United States Code, is amended by inserting "the United States Soldiers' and Airmen's Home," after "the Department of Defense,". (b) Subsection (f) of such section is amended by striking out "or his designee may, to the extent that he or his designee deems" and inserting in lieu thereof "may, to the extent that the head of the agency concerned considers". Written reports to Congress. Effective date. 10 USC 1092 note.

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 97 STAT. 652 PUBLIC LAW 98-94—SEPT. 24, 1983 (c) Subsection (g) of such section is amended— (1) by striking out "and" at the end of clause (2); (2) by redesignating clause (3) as clause (4); and (3) by inserting after clause (2) the following new clause (3): "(3) the Board of Commissioners of the United States Soldiers' and Airmen's Home, in the case of an employee of the United States Soldiers' and Airmen's Home; and". 10 USC 1089 (d) The amendments made by this section shall apply only to ^°^- claims accruing on or after the date of the enactment of this Act. ADJUSTMENTS IN STIPEND PAID TO RECIPIENTS OF ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIPS SEC. 935. (a) Section 2121(d) of title 10, United States Code, is amended to read as follows: "(d) Except when serving on active duty pursuant to subsection (c), a member of the program shall be entitled to a stipend at the rate of $579 per month. That rate shall be increased annually by the Secretary of Defense effective on July 1 of each year by an amount (rounded to the next highest multiple of $1) equal to— "(1) the amount of such stipend (as previously adjusted (if at all)), multiplied by "(2) the overall percentage of the adjustment (if such adjust- ment is an increase) in the rates of basic pay for members of the uniformed services made effective for the fiscal year in which the school year ends.". Effective date. (b) The amendment made by subsection (a) shall take effect on 10 USC 2121 October 1, 1983. PART D—SURVIVOR BENEFITS CLARIFICATION OF SURVIVOR BENEFITS COVERAGE FOR FORMER SPOUSES SEC. 941. (a)(1) The second sentence of subsection (a)(5) of section 1448 of title 10, United States Code, is amended by inserting "except in accordance with subsection (b)(3)" after "may not be revoked". (2) Subsection (b) of such section is amended to read as follows: "(b)(1) A person who is not married and does not have a dependent child when he becomes eligible to participate in the Plan may elect to provide an annuity to a natural person with an insurable interest in that person. In the case of a person providing an annuity under this paragraph by virtue of eligibility under subsection (a)(1)(B), such an election shall include a designation under subsection (e). "(2) A person who has a former spouse when he becomes eligible to participate in the Plan may elect to provide an annuity to that former spouse. In the case of a person with a spouse or a dependent child, such an election prevents payment of an annuity to that spouse or child, including payment under subsection (d). If there is more than one former spouse, the person shall designate which former spouse is to be provided the annuity. In the case of a person providing an annuity under this paragraph by virtue of eligibility under subsection (a)(l)(B), such an election shall include a designa- tion under subsection (e). "(3)(A) A person— "(i) who is a participant in the Plan and is providing coverage for a spouse or a spouse and child (even though there is no beneficiary currently eligible for such coverage), and

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 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 653 "(ii) who has a former spouse who was not that person's former spouse when he became eligible to participate in the Plan, may (subject to subparagraph (B)) elect to provide an annuity to that former spouse. Any such election terminates any previous coverage under the Plan and must be written, signed by the person, and received by the Secretary concerned within one year after the date of the decree of divorce, dissolution, or annulment. "(B) A person may not make an election under subparagraph (A) to provide an annuity to a former spouse who that person married after becoming eligible for retired or retainer pay unless— "(i) the person was married to that former spouse for at least one year, or "(ii) that former spouse is the parent of issue by that marriage. "(C) An election under this paragraph may not be revoked except in accordance with section 1450(f) of this title and is effective as of 10 USC 1450. the first day of the first calendar month following the month in which it is received by the Secretary concerned. This paragraph does not provide the authority to change a designation previously made under subsection (e). "(D) If a person who is married makes an election to provide an annuity to a former spouse under this paragraph, that person's spouse shall be notified of that election. "(4) A person who elects to provide an annuity to a former spouse Written under paragraph (2) or (3) shall, at the time of making the election, statement. provide the Secretary concerned with a written statement (in a form to be prescribed by that Secretary and signed by such person and the former spouse) setting forth whether the election is being made pursuant to a written agreement previously entered into voluntarily by such person as a part of or incident to a proceeding of divorce, dissolution, or annulment and (if so) whether such voluntary written agreement has been incorporated in, or ratified or approved by, a court order.". (3) Section 1450 of title 10, United States Code, is amended— (A) by striking out "at the time the person to whom section 1448 applies became entitled to retired or retainer pay" in subsection (a)(4); and (B) by inserting "(without regard to the eligibility of the person making the change of election to make an election under such section)" before the period at the end of the third sentence of subsection (f)(1). (b) In the case of a person who on the date of the enactment of this lo usc 1448 Act is a person described in subparagraph (A) of subsection (b)(3) of ^°^- section 1448 of title 10, United States Code (as amended by subsec- tion (a)(2)), such subsection shall apply to that person as if the one- year period provided for in subparagraph (A) of such subsection began on the date of the enactment of this Act. (c)(1) Section 1447(8) of title 10, United States Code, is amended by striking out "annulment, or legal separation," both places it appears and inserting in lieu thereof "or annulment". (2) Section 1448(a)(3) is amended— lo usc 1448. (A) by inserting "for a former spouse" after "an annuity" the second place it appears in subparagraphs (A) and (B); and (B) by striking out "of this section both places it appears. (3) Section 1450(f) of such title is amended— 10 USC 1450. (A) by striking out "of this subsection" in paragraph (1); and

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" have been absent a long time, my love," said her mate; "but I perceived that you were indulging your tenderness towards that disobedient nestling, who has rendered himself unworthy of it. However, I do not condemn you for giving him assistance, for had not you undertaken the task, I would myself have flown to him instead of returning home. How is he?—likely to live and reward your kindness?" "Yes," said she, "he will, I flatter myself, soon perfectly recover, for his hurt is not very considerable; and I have the pleasure to tell you he is extremely sensible of his late folly, and I dare say will endeavour to repair his fault with future good behaviour."

"This is pleasing news indeed!" said he.

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Page:United States Statutes at Large Volume 97.djvu/686

 97 STAT. 654 PUBLIC LAW 98-94—SEPT. 24, 1983 (B) by striking out "annulment, or legal separation," in para- graph (2) and inserting in lieu thereof "or annulment,". (4) Section 1006(e)(3) of the Uniformed Services Former Spouses' 10 USC 1408 Protection Act (title X of Public Law 97-252; 96 Stat. 738) is amend- note. g^ jjy striking out "section" and all that follows and inserting in lieu thereof "section 1072 of title 10, United States Code.". EXTENSION OF MINIMUM INCOME PROVISION FOR CERTAIN WIDOWS SEC. 942. (a) Section 4(a)(1) of the Act entitled "An Act to amend chapter 73 of title 10, United States Code, to establish a Survivor Benefit Plan, and for other purposes", approved September 21, 1972 (10 U.S.C. 1448 note), is amended by striking out on the effective date of this Act is, or within one calendar year after that date becomes," and inserting in lieu thereof "on September 21, 1972, was, or during the period beginning on September 22, 1972, and ending on March 20, 1974, became,". 10 USC 1448 (b) Any annuity payable by reason of subsection (a) shall be '^o** payable only for months after September 1983. CLARIFICATION OF CONTINUING RESPONSIBILITY FOR FUNDING OF CERTAIN SURVIVORS' BENEFITS 42 USC 402 note. SEC. 943. Section 156(g)(1) of Public Law 97-377 (96 Stat. 1922) is amended— (1) by striking out "fiscal year 1983" and inserting in lieu thereof "each fiscal year"; (2) by striking out "from the 'Retired Pay, Defense' account of the Department of Defense"; and (3) by inserting between the first and second sentences the following: "During fiscal year 1983, transfers under this subsec- tion shall be made from the 'Retired Pay, Defense' account of the Department of Defense. During subsequent fiscal years, such transfers shall be made from such account or from funds otherwise available to the Secretary for the purpose of the payment of such benefits and expenses.". TITLE X—MILITARY PERSONNEL MATTERS PART A—OFFICER PERSONNEL MANAGEMENT AND TRAINING TEMPORARY MODIFICATION IN CERTAIN GENERAL AND FLAG OFFICER GRADE LIMITATIONS 10 USC 525 note. SEC. 1001. (a) During fiscal year 1984, the number of officers of the Air Force authorized under section 525(b)(1) of title 10, United States Code, to be on active duty in the grade of general is increased by one. (b) During fiscal year 1984, the number of officers of the Navy authorized under section 525(b)(2) of title 10, United States Code, to be on active duty in grades above rear admiral is increased by three. None of the additional officers in grades above rear admiral author- ized by this section may be in the grade of admiral. (c) During fiscal year 1984, a commissioned officer serving in the position of Director of the Intelligence Community Staff shall not be counted against the numbers and percentages of commissioned offi- cers of the grade of such officer authorized for the Armed Force of

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