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 98 STAT. 2498 Sec. Sec. Sec. Sec. Sec. Sec.

PUBLIC LAW 98-525—OCT. 19, 1984 1707. 1708. 1709. 1710. 1711. 1712.

Officers and employees. Procedures and records. Independence and limitations. Funding. Dissolution or liquidation. Reporting requirement and requirement to hold hearings.

TITLE I—PROCUREMENT AUTHORIZATION OF APPROPRIATIONS, ARMY

22 USC 2761.

SEC. 101. (a)(1) Funds are hereby authorized to be appropriated for fiscal year 1985 for procurement for the Army as follows: For aircraft, $3,852,200,000. For missiles, $3,260,000,000. For weapons and tracked combat vehicles, $4,838,600,000. For ammunition, $2,338,900,000. For other procurement, $5,457,700,000. For Army National Guard equipment, $50,000,000. (2) There are hereby authorized to be transferred to, and merged with, amounts appropriated for procurement for the Army for fiscal year 1985 pursuant to the authorization of appropriations in paragraph (1), to the extent provided in appropriation Acts— (A) $30,000,000 for procurement of aircraft to be derived from amounts appropriated for fiscal year 1984 for procurement of aircraft for the Army remaining available for obligation; (B) $13,000,000 for procurement of missiles to be derived from amounts appropriated for fiscal year 1984 for procurement of missiles for the Army remaining available for obligation; (C) $60,500,000 for procurement of weapons and tracked combat vehicles to be derived from amounts available for fiscal year 1983 for procurement of weapons and tracked combat vehicles for the Army remaining available for obligation resulting from the sale of M48A5 tanks under a letter of offer issued pursuant to Section 21(a)(l) of the Arms Export Control Act that would otherwise be deposited in the Special Defense Acquisition Fund; (D) $197,300,000 for procurement of weapons and tracked combat vehicles to be derived from amounts appropriated for fiscal year 1984 for procurement of weapons and tracked combat vehicles for the Army remaining available for obligation; (E) $44,000,000 for procurement of ammunition to be derived from amounts appropriated for fiscal year 1984 for procurement of ammunition for the Army remaining available for obligation; and (F) $18,000,000 for other procurement to be derived from amounts appropriated for fiscal year 1984 for other procurement for the Army remaining available for obligation. ft)) The Secretary of the Army may enter into multiyear contracts in accordance with section 2306(h) of title 10, United States Code, for the purchase of UH-60A aircraft, EH-60A aircraft, M-1 tanks or subsystems, TOW missiles, 5-ton trucks, Bushmaster Vehicle Rapidfire weapon systems, and shop equipment contact maintenance vehicles, and for the execution of the CH-47D aircraft modernization program. Such contracts may include an unfunded cancellation ceiling. If funds are not made available for the continuation of such a contract in subsequent fiscal years, the contract shall be cancelled and the costs of cancellation shall be paid as provided in section 2306(h)(5) of title 10, United States Code.

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(c) Effective on October 1, 1984, the provisions of section 794 of the Department of Defense Appropriation Act, 1984 (Public Law 98212), shall not apply to the procurement of EH-60A and UH-60A aircraft under a multiyear contract. (d) None of the funds appropriated pursuant to the authorizations of appropriations in subsection (a) may be used for the purpose of entering into a contract for the production and assembly of the Division Air Defense System until— (1) initial production testing of such system is completed; (2) the Secretary of Defense reports the results of such testing to the appropriate committees of Congress; and (3) a period of 30 days has elapsed after the day on which those committees receive that report. (e) Not later than February 1, 1985, the Secretary of the Army shall select a contractor for the supply of 120-millimeter mortars necessary to meet the requirements of the Army. The selection shall be made from among companies that are existing production sources for such mortars. (f) None of the funds appropriated pursuant to the authorizations of appropriations in subsection (a) may be used for the construction in foreign shipyards of logistics support vessels. AUTHORIZATION OF APPROPRIATIONS, NAVY AND MARINE CORPS

SEC. 102. (a) AIRCRAFT.—(1) Funds are hereby authorized to be appropriated for fiscal year 1985 for procurement of aircraft for the Navy in the amount of $11,053,200,000. (2) There is hereby authorized to be transferred to, and merged with, amounts appropriated for procurement of aircraft for the Navy for fiscal year 1985 pursuant to the authorization of appropriations in paragraph (1), to the extent provided in appropriation Acts, $54,400,000 to be derived from amounts appropriated for fiscal year 1984 for procurement of aircraft for the Navy remaining available for obligation. (b) WEAPONS.—(1) Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $4,444,800,000 for procurement of weapons (including missiles and torpedoes) for the Navy as follows: For missile programs, $3,493,400,000. For the MK-48 torpedo program, $212,900,000. For the MK-46 torpedo program, $256,000,000. For the MK-60 torpedo program, $128,500,000. For the MK-30 mobile target program, $21,300,000. For the MK-38 minimobile target program, $2,500,000. For the antisubmarine rocket (ASROC) program, $25,900,000. For the modification of torpedoes and related equipment, $32,200,000. For the torpedo support equipment program, $96,000,000. For the MK-15 close-in weapon system program, $163,900,000. For the MK-75 76-millimeter gun mount program, $10,900,000. For other weapons, $68,300,000. The sum of the amounts authorized for facilities and contract support under this subsection is reduced by $12,000,000 in order to meet the total amount authorized to be appropriated set forth at the beginning of this paragraph.

Effective date. 97 Stat. 1454.

Prohibition.

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(2) There is hereby authorized to be transferred to, and merged with amounts appropriated for procurement of weapons for the Navy for fiscal year 1985 pursuant to the authorization of appropriations in paragraph (1) to the extent provided in appropriation Acts, $20,000,000 to be derived from amounts appropriated for fiscal year 1984 for procurement of weapons for the Navy remaining for obligation. (c) SHIPBUILDING AND CONVERSION.—(1) Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $12,153,400,000 for shipbuilding and conversion for the Navy as follows: For the Trident submarine program, $1,708,200,000. For the SSN-688 nuclear attack submarine program, $2,880,000,000. For the aircraft carrier service life extension program (SLEP), $764,500,000. For the CG-47 Aegis cruiser program, $3,150,000,000. For the DDG-51 guided missile destroyer program, $1,173,900,000. For the LSD-41 landing ship dock program, $489,500,000. For the LHD-1 amphibious assault ship program, $39,200,000. For the LPD-4 amphibious transport dock service life extension program, $15,000,000. For the MCM-1 mine countermeasures ship program, $349,500,000. For the TAO-187 fleet oiler program, $562,600,000. For the TAGOS ocean surveillance ship program, $129,900,000. For the TAGS ocean survey ship program, $245,000,000. For the strategic sealift ready reserve program, $31,000,000. For the TAGS auxiliary crane ship program, $44,000,000. For the TAVB aviation logistics support ship program, $42,800,000. For the LCAC landing craft air cushion program, $230,100,000. For service craft and landing craft, $93,100,000. For outfitting and post delivery, $383,600,000. The sum of the amounts authorized for programs under this subsection is reduced by $178,500,000 in order, to meet the total amount authorized to be appropriated set forth at the beginning of this paragraph. (2) There are hereby authorized to be transferred to, and merged with, amounts appropriated for shipbuilding and conversion for the Navy for fiscal year 1985 pursuant to the authorizations of appropriations in paragraph (1), to the extent provided in appropriation Acts, amounts appropriated for fiscal years before fiscal year 1985 for shipbuilding and conversion for the Navy and remaining available for obligation in the total amount of $70,000,000 as follows: (A) For the Trident submarine program, $40,000,000 shall be derived from funds appropriated for fiscal year 1983 for the FFG-7 guided missile frigate program and shall be available only for an x-band phased array radar. (B) For the naval nuclear reactor training program, $30,000,000 of which—

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(i) $10,000,000 shall be derived from funds appropriated for fiscal year 1982 for the CVN aircraft carrier program; and (ii) $20,000,000 shall be derived from funds appropriated for fiscal year 1983 for the CVN aircraft carrier program. (3) There are hereby authorized to be transferred to, and merged with, amounts appropriated for shipbuilding and conversion for the Navy for fiscal year 1984, to the extent provided in appropriation Acts, amounts appropriated for fiscal years before fiscal year 1985 for shipbuilding and conversion for the Navy and remaining available for obligation $336,200,000 for the battleship reactivation program, to be derived from funds appropriated for fiscal year 1983 for the CVN aircraft carrier program. (d) OTHER PROCUREMENT, NAVY.—(1) Funds are hereby authorized to be appropriated for fiscal year 1985 for other procurement for the Navy in the amount of $5,266,300,000, of which— (A) $775,100,000 is available only for the ship support equipment program; (B) $1,778,800,000 is available only for the communications and electronics equipment program; and (C) $1,137,600,000 is available only for the ordnance support equipment program. (2) There is hereby authorized to be transferred to, and merged with amounts appropriated for other procurement for the Navy for fiscal year 1985 pursuant to the authorization of appropriations in paragraph (1) to the extent provided in appropriation Acts, $85,000,000 to be derived from amounts appropriated for fiscal year 1984 for other procurement for the Navy remaining for obligation. (e) PROCUREMENT, MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 1985 for procurement for the Marine Corps (including missiles, tracked combat vehicles, and other weapons) in the amount of $1,890,700,000. (f) NAVY AND MARINE CORPS RESERVE.—Funds are hereby author-

ized to be appropriated for fiscal year 1985 in the total amount of $20,000,000 for Navy Reserve equipment and $20,000,000 for Marine Corps Reserve equipment. (g) MULTIYEAR CONTRACTS.—The Secretary of the Navy may enter into multiyear contracts in accordance with section 2306(h) of title 10, United States Code, for the purchase of CH-53E aircraft and AN/SSQ-36 sonobuoys. Such contracts may include an unfunded cancellation ceiling. If funds are not made available for the continuation of such a contract in subsequent fiscal years, the contract shall be cancelled and the costs of cancellation shall be paid as provided in section 2306(h)(5) of title 10, United States Code. (h) DDG-51 DESTROYER PROGRAM.—None of the funds appropriated pursuant to the authorization of appropriations in subsection (c) for the DDG-51 guided missile destroyer program may be obligated or expended until the Secretary of the Navy certifies to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives that the lead ship in that program is capable of being equipped with a Rankine-Cycle Energy Recovery (RACER) system without rearrangement of ship spaces and equipment or other major modification to the ship. (i) COMMON

AIRCRAFT

EJECTION

SEAT.—Notwithstanding

any

other provision of law, the Secretary of the Navy may establish and maintain an alternative source for the procurement of a common aircraft ejection seat for the F/A-18 aircraft, the T-45 aircraft, the

31-194

0 - 8 6 - 5

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text: Author:Edward Charles Robson Roose

title: Author:Edward Charles Robson Roose


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PUBLIC LAW 98-525—OCT. 19, 1984

F-14D aircraft, and the A-6E upgrade aircraft. A business concern may be considered as such alternative source regardless of the country in which the business concern is based. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE

22 USC 2761.

96 Stat. 1833. 97 Stat. 1454. Post, p. 2601.

SEC. 103. (a)(1) Funds are hereby authorized to be appropriated for fiscal year 1985 for procurement for the Air Force as follows: For aircraft, $26,101,700,000. For missiles, $8,605,300,000. For other procurement, $8,724,000,000. For Air National Guard equipment, $20,000,000. (2)(A) There are hereby authorized to be transferred to, and merged with, amounts appropriated for procurement of aircraft for the Air Force for fiscal year 1985 pursuant to the authorization of appropriations in paragraph (1), to the extent provided in appropriation Acts— (i) $99,000,000 to be derived from amounts available for fiscal years 1983, 1984, and 1985 for procurement of aircraft for the Air Force remaining available for obligation resulting from the sale of aircraft under a letter of offer issued pursuant to section 21(a)(1) of the Arms Export Control Act that would otherwise be deposited in the Special Defense Acquisition Fund; (ii) $206,700,000 to be derived from amounts appropriated for fiscal year 1984 for procurement of aircraft for the Air Force remaining available for obligation; and (iii) $144,800,000 to be derived from amounts appropriated for fiscal year 1983 for procurement of aircraft for the Air Force remaining for obligation from the C-19 program. (3) There is hereby authorized to be transferred to, and merged with, amounts appropriated for procurement of missiles for the Air Force for fiscal year 1985 pursuant to the authorization of appropriations in paragraph (1), to the extent provided in appropriation Acts, $15,000,000 to be derived from amounts appropriated for fiscal year 1984 for procurement of missiles for the Air Force remaining for obligation. (4) There is hereby authorized to be transferred to, and merged with, amounts appropriated for other procurement for the Air Force for fiscal year 1985 pursuant to the authorization of appropriations in paragraph (1), to the extent provided in appropriation Acts, $14,500,000 to be derived from amounts appropriated for fiscal year 1984 for other procurement for the Air Force remaining for obligation. (b) The Secretary of the Air Force may not make a contract for the procurement of aircraft engines unless the amount under the contract for any warranty required by section 797 of the Department of Defense Appropriation Act, 1983 (as contained in section 101(c) of Public Law 97-377), section 794 of the Department of Defense Appropriation Act, 1984 (Public Law 98-212), or section 2403 of title 10, United States Code (as added by section 1234), does not exceed 10 percent of the total contract price. (c) The Secretary of the Air Force may enter into a multiyear contract for the purchase of F-16 aircraft in accordance with section 2306(h) of title 10, United States Code. Such contract may include an unfunded cancellation ceiling. In the event funds are not made available for the continuation of such contract in subsequent fiscal years, the contract shall be cancelled and the costs of cancellation

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shall be paid as provided in section 2306(h)(5) of title 10, United States Code. (d) The Secretary of the Air Force shall acquire four additional used commercial passenger aircraft to be used to augment national security airlift operations. Such aircraft shall be acquired using amounts which were appropriated for fiscal year 1983 for procurement of equipment for the Air National Guard and which remain available for obligation. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES

SEC. 104. Funds are hereby authorized to be appropriated for fiscal year 1985 for the defense agencies in the amount of $1,180,200,000. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN NATO COOPERATIVE PROGRAMS

SEC. 105. (a) Funds are hereby authorized to be appropriated for fiscal year 1985 for activities of the Under Secretary of Defense for Research and Engineering for acquisition in connection with cooperative programs of the North Atlantic Treaty Organization as follows: For acquisition of the Patriot missile system for the Federal Republic of Germany, $150,000,000. For acquisition of point air defense of United States airbases in the Federal Republic of Germany, $65,000,000. For acquisition of point air defense of United States airbases and other critical United States military facilities in Italy, $15,000,000. For acquisition of point air defense for ground-launched cruise missile bases in Europe, $10,000,000. For acquisition of point air defense of United States airbases in Turkey, $10,000,000. (b) None of the amounts appropriated pursuant to the authorizations in subsection (a) may be obligated— (1) for implementation of a cooperative program until the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives a copy of each government-to-government agreement relating to that program; or (2) for acquisitions in connection with a NATO cooperative program in which the financial obligations of the United States exceed the collective financial obligations of European countries in connection with such program. EXTENSION OF AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CONNECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) PROGRAM

SEC. 106. Effective on October 1, 1984, section 103(a) of the Depart- Effective date, ment of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is amended by striking out "fiscal year 1984" each place it appears and inserting in lieu thereof "fiscal year 1985".

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PUBLIC LAW 98-525—OCT. 19, 1984 LIMITATION ON WAIVERS OF COST-RECOVERY REQUIREMENTS UNDER ARMS EXPORT CONTROL ACT

22 USC 2761. 97 Stat. 1450.

SEC. 107. The authority of the President under section 21(e)(2) of the Arms Export Control Act may be exercised without regard to the Hmitation imposed by section 762A of the Department of Defense Appropriation Act, 1984 (Public Law 98-212). WAIVER OF LIMITATION ON FOREIGN MILITARY SALES PROGRAM

22 USC 2751 note. 97 Stat. 1446.

SEC. 108. The Arms Export Control Act shall be administered as if section 743A of the Department of Defense Appropriation Act, 1984 (Public Law 98-212; 96 Stat. 1858), had not been enacted into law. TRANSFER OF CERTAIN MILITARY EQUIPMENT OR DATA TO FOREIGN COUNTRIES

97 Stat. 1450.

SEC. 109. Section 765(c) of the Department of Defense Appropriation Act, 1984 (Public Law 98-212), is hereby repealed. POLICY CONCERNING ACQUISITION OF ADDITIONAL MX MISSILES

SEC. 110. (a) Subject to subsections (b) and (c), of the funds appropriated pursuant to the authorization of appropriations in section 103 for procurement of missiles for the Air Force, $2,500,000,000 may be used for the MX missile program, including acquisition of not more than 21 additional operational MX missiles. (b) Except as provided in subsection (c), none of the $2,500,000,000 described in subsection (a) may be obligated for the procurement of additional operational MX missiles unless— President of U.S. (1) after March 1, 1985, the President submits to Congress a Report. report described in subsection (e); (2) a joint resolution approving the obligation of those funds is enacted as provided for in this section; and (3) a second joint resolution is enacted as provided for in the Department of Defense Appropriation Act, 1985 (or in a joint resolution providing funds for the Department of Defense for fiscal year 1985), further approving the obligation of those funds. (c) Of the $2,500,000,000 described in subsection (a), $1,000,000,000 may be obligated only for— (1) procurement related to the deployment of the 21 MX missiles for which funds were authorized and appropriated for fiscal year 1984; (2) advance procurement of parts and materials for the MX missile program and for the maintenance of the MX missile program contractor base; and (3) spare parts for the MX missile program. (d)(1) For the purpose of subsection (b)(2), "joint resolution" means only a joint resolution introduced after the date on which the report of the President under subsection (b)(1) is received by Congress the matter after the resolving clause of which is as follows: "That subject to the enactment (after the enactment of this joint resolution) of a joint resolution further approving the obligation of such funds, the Congress approves the obligation of funds appropriated for fiscal year 1985 for the procurement of additional operational MX missiles (in addition to the funds previously authorized to be obligated).".

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(2) A resolution described in paragraph (1) introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in paragraph (1) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. Such a resolution may not be reported before the 8th day after its introduction. (3) If the committee to which is referred a resolution described in paragraph (1) has not reported such resolution (or an identical resolution) at the end of 15 calendar days after its introduction or at the end of the first day after there has been reported to the House involved a joint resolution approving the further obligation of funds for the procurement of operational MX missiles as provided for in the Department of Defense Appropriation Act, 1985 (or in a joint resolution providing funds for the Department of Defense for fiscal year 1985), whichever is earlier, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. (4)(A) When the committee to which a resolution is referred has reported, or has been deemed to be discharged (under paragraph (3)) from further consideration of, a resolution described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Immediately following the conclusion of the debate on a resolution described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate. (5) If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1), then the following procedures shall apply:

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PUBLIC LAW 98-525—OCT. 19, 1984

(A) The resolution of the other House shall not be referred to a committee. (B) With respect to a resolution described in paragraph (1) of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (6) This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supercedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. Report. (e) A report under subsection (b)(1) shall include— President of U.S. (1) a statement that the President has determined that further acquisition of operational missiles under the MX missile program is in the national security interest of the United States and is consistent with United States arms control policy; (2) findings of the President concerning the effect of the acquisition and deployment of such missiles on the vulnerability of the United States land-based intercontinental ballistic missile force; (3) a discussion of the basing mode for the MX missile (and related improvements in silo-hardening technology) and of proposals for the basing mode for the small, single-warhead intercontinental ballistic missile; and (4) to the extent not covered under paragraphs (1) through (3), the assessment of the President submitted pursuant to subsection (g)(2). (f) Obligation for the MX missile program of funds appropriated for fiscal year 1985 is subject to section 1231 of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 693). (g)(1) Section 1231(e) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 694), is amended— (A) by striking out "the Committees on Armed Services of the Senate and House of Representatives" and inserting in lieu thereof "Congress"; (B) by striking out "the date of the enactment of this Act" and inserting in lieu thereof "September 24, 1983,"; (C) by striking out "and" at the end of clause (B); (D) by striking out the period at the end of clause (C) and inserting in lieu thereof "; and"; and (E) by adding at the end thereof the following new clause: "(D) the progress of efforts to develop more survivable basing modes for the MX and other intercontinental missiles, including a new small mobile intercontinental ballistic missile.". (2) The first assessment under section 1231(e) of the Department of Supra. Defense Authorization Act, 1984, submitted after the date of the enactment of this Act shall be submitted as part of the report described in subsection (e) (rather than coincident with any request

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for funds for the procurement of MX missiles submitted to Congress before the submission of that report). PROHIBITION OF SPENDING FUNDS FOR BINARY CHEMICAL MUNITIONS

SEC. 111. None of the funds appropriated pursuant to authorizations of appropriations in this title may be used for procurement of binary chemical munitions, including advanced procurement of long-lead components or for the establishment of a production base for such munitions. STRATEGIC WEAPONS LOADER

SEC. 112. None of the funds appropriated to the Department of Defense may be obligated or expended for procurement of a new strategic weapons loader to meet the performance requirements for the B-IB bomber aircraft or the Advanced Technology Bomber aircraft until a contractor for such weapons loader has been determined after a competition. FOREIGN MILITARY SALES OF AIR NATIONAL GUARD OA-37 AIRCRAFT

SEC. 113. It is the sense of Congress— (1) that the Air Force should, at the earliest practicable date, provide modern replacement aircraft for those Air National Guard units currently using OA-37 Dragonfly aircraft in order to fulfill Forward Air Controller (FAC) mission of the Air National Guard; and (2) that the United States should not sell or otherwise provide to any foreign country any OA-37 aircraft currently assigned to an Air National Guard unit unless the unit to which such aircraft is assigned is in the process of converting to the use of a more modern aircraft or unless the OA-37 aircraft to be sold or otherwise provided to a foreign country has been replaced with an OA-37 from the stocks of the Air Force. TITLE II-RESEARCH, DEVELOPMENT, TEST, AND EVALUATION AUTHORIZATION OF APPROPRIATIONS

SEC. 201. (a) Funds are hereby authorized to be appropriated for fiscal year 1985 for the use of the Armed Forces for research, development, test, and evaluation in amounts as follows: For the Army, $4,546,675,000. For the Navy (including the Marine Corps), $9,409,596,000. For the Air Force, $13,547,311,000. For the Defense Agencies, $4,577,681,000, of which $59,000,000 is authorized for the activities of the Director of Test and Evaluation, (b) There is hereby authorized to be transferred to, and merged with, amounts appropriated for research and development for the Navy for fiscal year 1985 pursuant to the authorization of appropriations in subsection (a), to the extent provided in appropriation Acts, $13,000,000 to be derived from amounts appropriated for fiscal year 1984 for research and development for the Navy remaining available for obligation.

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PUBLIC LAW 98-525—OCT. 19, 1984

(c) In addition to the funds authorized to be appropriated in subsection (a), there are authorized to be appropriated for fiscal year 1985 such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds authorized to be appropriated in subsection (a). PROVISIONS RELATING TO ARMY PROGRAMS Energy. Motor vehicles.

Report.

Report.

SEC. 202. (a)(1) Of the amount authorized in section 201 for the Army, the sum of $1,300,000 is available only for— (A) the purchase of new methanol cars; (B) establishing the reliability and durability of such vehicles in laboratory and fleet tests; (C) testing a percentage of the methanol fleet in cold weather environments; and (D) resolving related support functions for the safe and efficient storage, distribution, and the use of neat methanol fuel for such vehicles. (2) Not later than September 30, 1985, the Secretary of the Army shall submit to the Committee on Armed Services of the Senate and House of Representatives a report on the progress of the methanol fuel program described in paragraph (1). (b)(1) The Secretary of the Army shall proceed with the competitive development of a Joint Tactical Missile System having the following design goals: (A) A maximum range of 200 kilometers. (B) A payload at maximum range of 1,000 pounds. (2) In the development of the Joint Tactical Missile System, the Secretary of the Army shall make maximum use of proven missile system technology with the objective of completing the competitive full-scale engineering development of the system by July 1, 1987. (3) Not later than January 1 of 1985, 1986, and 1987, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress of the development of the system referred to in paragraph (1). LIMITATIONS ON FUNDS FOR THE NAVY

SEC. 203. (a) Of the amount authorized in section 201 for the Navy (including the Marine Corps)— (1) $45,000,000 is available only for continued development of the Rankine-Cycle Energy Recovery (RACER) system to ensure compatibility of the RACER system with all ships of the DDG51 class, including the lead ship; (2) $25,016,000 is available only for the development of a derivative of the Navy SH-60 helicopter for the aircraft carrier inner-zone anti-submarine warfare helicopter mission; (3) $37,795,000 is available only for the Mark 92 fire control system; (4) $30,000,000 is available only for advanced submarine technology initiatives to enhance the effectiveness of the Navy new design attack submarine designated SSN-X and subsequent submarines; (5) $42,422,000 is available only for continued development of the low cost anti-radiation guidance and control system for the

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98 STAT. 2509

High-Speed Anti-Radiation Missile (HARM) and other delivery vehicles* (6) $6,000,000 is available only for the development of the rotary engine for Army, Navy, and Marine Corps applications; (7) $26,603,000 is available only for the development of the Vertical Launch Anti-Submarine Rocket system; and (8) $2,500,000 is available only for the development of the Submarine Laser Communication System. (b) Of the amount authorized in section 201 for the Navy, not more than $100,000,000 may be obligated or expended for research and development of the new design submarine and its associated programs and projects unless and until the Secretary of the Navy provides to the Committees on Armed Services of the Senate and House of Representatives written certification that, based on current national intelligence estimates approved by the Director of Central Intelligence, the new design attack submarine will be capable under operational conditions of engaging the known Soviet submarine threat. LIMITATIONS ON FUNDS FOR THE AIR FORCE

SEC. 204. Of the amount authorized in section 201 for the Air Force— (1) $129,285,000 is available only for development of the C-17 cargo transport aircraft; (2) $2,000,000 is available only to complete test and evaluation of the C-5 cargo transport aircraft; and (3) $4,000,000 is available only for continued development of the low cost anti-radiation guidance and control system for the High-Speed Anti-Radiation Missile (HARM) and other delivery vehicles. POLICY GOVERNING THE TEST OF ANTI-SATELUTE WARHEADS

SEC. 205. Section 1235 of the Department of Defense Authorization President of U.S. Act, 1984 (Public Law 98-94; 97 Stat. 695), is amended to read as lo use 139 note. follows: "POLICY GOVERNING THE TEST OP ANTI-SATELLITE WARHEADS

"SEC. 1235. (a) Notwithstanding any other provision of law, none of the funds appropriated pursuant to an authorization contained in this or any other Act may be obligated or expended to test against an object in space the miniature homing vehicle (MHV) anti-satellite warhead launched from an F-15 aircraft unless the President determines and certifies to Congress— "(1) that the United States is endeavoring, in good faith, to negotiate with the Soviet Union a mutual and verifiable agreement with the strictest possible limitations on anti-satellite weapons consistent with the national security interests of the United States; "(2) that, pending agreement on such strict limitations, testing against objects in space of the F-15 launched miniature homing vehicle anti-satellite warhead by the United States is necessary to avert clear and irrevocable harm to the national security;

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 98 STAT. 2510

23 UST 3435. Prohibition.

PUBLIC LAW 98-525—OCT. 19, 1984

"(3) that such testing would not constitute an irreversible step that would gravely impair prospects for negotiations on antisatellite weapons; and "(4) that such testing is fully consistent with the rights and obligations of the United States under the Anti-Ballistic Missile Treaty of 1972 as those rights and obligations exist at the time of such testing. "(b) During fiscal year 1985, funds appropriated for the purpose of testing the F-15 launched miniature homing vehicle anti-satellite warhead may not be used to conduct more than two successful tests of that warhead against objects in space. "(c) The limitation on the expenditure of funds provided by subsection (a) shall cease to apply 15 calendar days after the date of the receipt by Congress of the certification referred to in subsection (a).". LIMITATION ON FUNDS FOR THE DEFENSE AGENCIES

SEC. 206. Of the amount authorized in section 201 for the Defense Agencies— (1) $35,000,000 is available only for the Strategic Laser Communication Technology program; and (2) $10,000,000 is available only for the application of free electron laser technology for medical research. IMPLEMENTATION OF LAW TO ESTABLISH INDEPENDENT DIRECTOR OF OPERATIONAL TEST AND EVALUATION

97 Stat. 684.

SEC. 207. Of the amount appropriated for the activities of the Director of Test and Evaluation of the Department of Defense pursuant to the authorization of appropriations in section 201 (including activities relating to foreign weapons evaluation), not more than $20,000,000 may be obligated or expended until— (1) the President appoints, by and with the advice and consent of the Senate, an individual to be the Director of Operational Test and Evaluation of the Department of Defense; and (2) the Secretary of Defense establishes within the Department of Defense the organizational structure for the Office of the Director of Operational Test and Evaluation, as provided for Under section 136a of title 10, United States Code. TITLE III—OPERATION AND MAINTENANCE AUTHORIZATION OF APPROPRIATIONS

SEC. 301. (a) ARMY.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $18,626,623,000 for expenses, not otherwise provided for, for the operation and maintenance of the Army as follows: (1) For general purpose forces, $6,531,066,000. (2) For intelligence and communications, $1,189,739,000. (3) For central supply and maintenance, $5,350,590,000. (4) For training, medical, and other general personnel activities, $4,149,964,000. (5) For administration, $1,212,090,000. (6) For support of other nations, $193,174,000.

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(b) NAVY.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $25,449,923,000 for expenses, not otherwise provided for, for the operation and maintenance of the Navy and the Marine Corps as follows: (1) For strategic forces, $2,257,821,000. (2) For general purpose forces, $12,062,668,000. (3) For intelligence and communications, $1,122,038,000. (4) For airlift and sealift, $561,526,000. (5) For central supply and maintenance, $6,397,666,000. (6) For training, medical, and other general personnel activities, $2,356,457,000. (7) For administration, $689,235,000. (8) For support of other nations, $2,512,000. (c) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $1,648,169,000 for expenses, not otherwise provided for, for the operation and maintenance of the Marine Corps as follows: (1) For general purpose forces, $904,152,000. (2) For central supply and maintenance, $395,425,000. (3) For training, medical, and other general personnel activities, $238,574,000. (4) For administration, $110,018,000. (d) AIR FORCE.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $19,528,869,000 for expenses, not otherwise provided for, for the operation and maintenance of the Air Force as follows: (1) For strategic forces, $3,175,540,000. (2) For general purpose forces, $4,021,426,000. (3) For intelligence and communications, $2,155,522,000. (4) For airlift and sealift, $1,267,807,000. (5) For central supply and maintenance, $6,299,250,000. (6) For training, medical, and other general personnel activities, $2,042,959,000. (7) For administration, $558,323,000. (8) For support of other nations, $8,042,000. (e) DEFENSE AGENCIES.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $7,127,752,000 for expenses, not otherwise provided for, for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments) as follows: (1) For general purpose forces, $324,227,000. (2) For intelligence and communications, $2,530,570,000. (3) For central supply and maintenance, $1,644,460,000. (4) For training, medical, and other general personnel activities, $2,163,411,000. (5) For administration, $465,084,000. (f) ARMY RESERVE.—Funds are hereby authorized to be appropri-

ated for fiscal year 1985 in the total amount of $724,900,000 for expenses, not otherwise provided for, for the operation and maintenance of the Army Reserve as follows: (1) For mission forces, $408,274,000. (2) For depot maintenance, $8,656,000. (3) For other support, $307,970,000. (g) NAVAL RESERVE.—Funds are hereby authorized to be appropri-

ated for fiscal year 1985 in the total amount of $833,681,000 for expenses, not otherwise provided for, for the operation and maintenance of the Naval Reserve as follows:

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(1) For mission forces, $480,651,000. (2) For depot maintenance, $149,426,000. (3) For other support, $203,604,000. (h) MARINE CORPS RESERVE.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $58,642,000 for expenses, not otherwise provided for, for the operation and maintenance of the Marine Corps Reserve as follows: (1) For mission forces, $29,106,000. (2) For depot maintenance, $1,665,000. (3) For other support, $27,871,000. (i) AIR FORCE RESERVE.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $872,661,000 for expenses, not otherwise provided for, for the operation and maintenance of the Air Force Reserve as follows: (1) For mission forces, $569,230,000. (2) For depot maintenance, $154,212,000. (3) For other support, $149,219,000. 0") ARMY NATIONAL GUARD.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $1,437,743,000 for expenses, not otherwise provided for, for the operation and maintenance of the Army National Guard as follows: (1) For training operations, $228,535,000. (2) For logistic support, $1,080,770,000. (3) For headquarters and command support, $117,429,000. (4) For medical support, $11,009,000. (k) AIR NATIONAL GUARD.—Funds are hereby authorized to be appropriated for fiscal year 1985 in the total amount of $1,814,248,000 for expenses, not otherwise provided for, for the operation and maintenance of the Air National Guard as follows: (1) For mission forces, $1,339,637,000. (2) For depot maintenance, $350,793,000. (3) For other support, $123,818,000. (1) NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE,

ARMY.—There is hereby authorized to be appropriated for fiscal year 1985 the total amount of $914,000 for 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, United States Code, and the expenses of the Secretary of the Army under sections 4309 and 4313 of such title. (m) CLAIMS, DEFENSE.—There is hereby authorized to be appropriated for fiscal year 1985 the total amount of $157,900,000 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.—There is hereby authorized to be appropriated for fiscal year 1985 the amount of $3,416,000 for salaries and expenses for the United States Court of Military Appeals. GENERAL AUTHORIZATION O F APPROPRIATIONS FOR PAY RAISES, FUEL COSTS, A N D INFLATION ADJUSTMENTS

SEC. 302. There are authorized to be appropriated for fiscal year 1985, 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

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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. AUTHORIZATION OF APPROPRIATIONS FOR WORKING-CAPITAL FUNDS

SEC. 303. Funds are hereby authorized to be appropriated for fiscal year 1985 to provide capital for working-capital funds of the Department of Defense in amounts as follows: For the Army Stock Fund, $366,448,000. For the Navy Stock Fund, $473,007,000. For the Marine Corps Stock Fund, $34,908,000. For the Air Force Stock Fund, $631,793,000. For the Defense Stock Fund, $130,700,000. CONTINGENCY FUNDS FOR THE UNIFIED AND SPECIFIED COMMANDS

SEC. 304. The Secretary of Defense may make available to the Joint Chiefs of Staff, out of any funds appropriated pursuant to the authorizations contained in section 301 for the Army, Navy, Marine Corps, and Air Force, such sums as may be necessary to meet unforeseen and contingent requirements of the unified and specified commands of the Armed Forces. S A L E O F ARTICLES M A N U F ACT U R E D BY CERTAIN ARSENALS; ASSET

CAPITAUZATION PROGRAM

SEC. 305. Section 2208 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (k); and (2) by inserting after subsection (h) the following new subsections: "(i)(l) Regulations under subsection (h) may authorize an article manufactured by a working-capital funded Department of the Army arsenal that manufactures large caliber cannons, gun mounts, or recoil mechanisms to be sold to a person outside the Department of Defense if— "(A) the article is sold to a United States manufacturer, assembler, or developer (i) for use in developing new products, or (ii) for incorporation into items to be sold to, or to be used in a contract with, an agency of the United States or a friendly foreign government; "(B) the purchaser is determined by the Department of Defense to be qualified to carry out the proposed work involving the article to be purchased; "(C) the article is not readily available from a commercial source in the United States; and "(D) the sale is to be made on a basis that does not interfere with performance of work by the arsenal for the Department of Defense or for a contractor of the Department of Defense. "(2) Services related to an article sold under this subsection may also be sold to the purchaser if the services are to be performed in the United States for the purchaser. "(3) Nothing in this subsection shall be construed to affect the application of the export controls provided for in section 38 of the

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 98 STAT. 2514 22 USC 2778.

PUBLIC LAW 98-525—OCT. 19, 1984

Arms Export Control Act to items which incorporate or are produced through the use of an article sold under this subsection, "(j) The Secretary of Defense shall provide that of the total amount of payments received in a fiscal year by funds established under this section for industrial-type activities, not less than 3 percent during fiscal year 1985, not less than 4 percent during fiscal year 1986, and not less than 5 percent during fiscal year 1987 shall be used for the acquisition of capital equipment for such activities.". ADMINISTRATIVE TRANSITION PROVISION FOR NAVY STOCK FUND MANAGEMENT CHANGE

SEC. 306. (a) In the management of the Navy Stock Fund established under section 2208 of title 10, United States Code, the Secretary of the Navy may provide for a withdrawal credit to be made by the stock fund to the current applicable appropriation accounts of an activity of the Navy in connection with the acquisition by that activity from the stock fund of supplies described in subsection (b). The amount of any such credit shall be the amount of the charge of the stock fund to the activity for the supplies. (b) Subsection (a) applies in the case of the acquisition by an activity of the Navy from the Navy Stock Fund of supplies— (1) that are aircraft components (or that are used in connection with aviation activities) that are repairable only at a repair depot; and (2) that are capitalized into the Navy Stock Fund as a result of the management change effective on April 1, 1985, relating to depot-level repairable assets and that are charged to an activity of the Navy that is a customer of the Navy Stock Fund. (c) A withdrawal credit may be made under this section without regard to the last sentence of section 2208(g) of title 10, United States Code. LIMITATION ON CONTRACTING-OUT CORE LOGISTICS FUNCTIONS Defense and national security. 10 USC 2304 note.

Waiver.

Regulations.

SEC. 307. (a)(1) It is essential for the national defense that Department of Defense activities maintain a logistics capability (including personnel, equipment, and facilities) to ensure a ready and controlled source of technical competence and resources necessary to ensure effective and timely response to a mobilization, national defense contingency situations, and other emergency requirements. (2) The Secretary of Defense shall identify those logistics activities that are necessary to maintain the logistics capability described in paragraph (1). 01)X1) Except as provided in paragraph (2), performance of a logistics activity identified by the Secretary under subsection (a)(2) may not be contracted for performance by non-Government personnel under the procedures and requirements of Office of Management and Budget Circular A-76 or any successor administrative regulation or policy (hereinafter in this section referred to as "OMB Circular A-76"). (2) The Secretary of Defense may waive paragraph (1) in the case of any logistics activity and provide that performance of such activity shall be considered for conversion to contractor performance in accordance with OMB Circular A-76. Any such waiver shall be made under regulations prescribed by the Secretary and shall be based on a determination by the Secretary that Government per-

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formance of the activity is no longer required for national defense reasons. Such regulations shall include criteria for determining whether Government performance of a logistics activity identified under subsection (a)(2) is no longer required for national defense reasons. (3) A waiver under paragraph (2) may not take effect until— (A) the Secretary has submitted a report on the waiver to the Committees on Armed Services of the Senate and House of Representatives; and (B) a period of 20 days of continuous session of Congress or 40 calendar days has passed after the receipt of the report by those committees. (4) For purposes of paragraph (3)(B), the continuity of a session of Congress is broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such 30-day period. (c) Identification of logistics activities that are necessary to maintain the logistics capability described in subsection (a)(1) shall be completed, and a report describing those activities (including a detailed specification or listing) shall be submitted to the Committees on Armed Services of the Senate and House of Representatives, not later than April 1, 1985.

Report.

Report.

LIMITATION ON CONSULTING AND RELATED SERVICES

SEC. 308. Of the funds appropriated to or for the use of the Department of Defense for fiscal year 1985 pursuant to an authorization contained in this Act or any other law, not more than $1,302,599,000 may be obligated or expended for consultants, studies and analyses, management support contracts, and contract systems and technical engineering. RESTRICTION ON REDUCTION IN PORTS OF ORIGIN FOR CERTAIN CARGO CARRIED ON VESSELS OF THE MILITARY SEAUFT COMMAND

SEC. 309. (a)(1) Except as provided in subsection (b), funds appropriated to the Department of Defense pursuant to an authorization of appropriations in this Act may not be used to carry out a permanent consolidation or reduction, to a number less than the base number, in the number of ports at which cargo shipments originate that— (A) are shipments of breakbulk cargo; (B) are carried through the Panama Canal on vessels operated by or for the Military Sealift Command; and (C) have a destination at a port on the Pacific Ocean outside the continental United States. (2) For the purposes of paragraph (1), the base number is the number of ports which were being used to originate cargo shipments described in paragraph (1) as of January 1, 1984. (b) The limitation in subsection (a) shall cease to apply with respect to a proposed consolidation or reduction 30 days after the date on which Congress receives a report from the Secretary of Defense describing the proposed consolidation or reduction, but not before February 1, 1985.

Expiration date.

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PUBLIC LAW 98-525—OCT. 19, 1984 SENSE OF CONGRESS CONCERNING INTRODUCTION OF UNITED STATES ARMED FORCES INTO CENTRAL AMERICA FOR COMBAT

50 USC 1541 note. President of U.S. El Salvador.

50 USC 1541 note.

SEC. 310. (a) The Congress makes the following findings: (1) The President has stated that there is no need to introduce United States Armed Forces into Central America for combat and that he has no intention of doing so. (2) The President of El Salvador has stated that there is no need for United States Armed Forces to conduct combat operations in El Salvador and that he has no intention of asking that they do so. (3) The possibility of the introduction of United States Armed Forces into Central America for combat raises very grave concern in the Congress and the American people. (b) It is the sense of Congress that— (1) United States Armed Forces should not be introduced into or over the countries of Central America for combat; and (2) if circumstances change from those present on the date of the enactment of this Act and the President believes that those changed circumstances require the introduction of United States Armed Forces into or over a country of Central America for combat, the President should consult with Congress before any decision to so introduce United States Armed Forces and any such introduction of United States Armed Forces must comply with the War Powers Resolution. TITLE IV—PERSONNEL AUTHORIZATIONS PART A—ACTIVE FORCES AUTHORIZATION OF END STRENGTHS

SEC. 401. The Armed Forces are authorized strengths for active duty personnel as of September 30, 1985, as follows: (1) The Army, 780,800. (2) The Navy, 571,300. (3) The Marine Corps, 198,300. (4) The Air Force, 602,070. EXTENSION OF QUAUTY CONTROL ON ENUSTMENTS INTO THE ARMY 97 Stat. 629.

SEC. 402. Effective on October 1, 1984, section 302(a) of the Department of Defense Authorization Act, 1981 (10 U.S.C. 520 note), is amended by striking out "October 1, 1983" and "September 30, 1984" and inserting in lieu thereof "October 1, 1984" and "September 30, 1985", respectively. PART B—RESERVE FORCES AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE

10 USC 261 note.

SEC. 411. (a) For fiscal year 1985 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, 435,117. (2) The Army Reserve, 284,073. (3) The Naval Reserve, 124,100. (4) The Marine Corps Reserve, 44,300.

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(5) The Air National Guard of the United States, 105,438. (6) The Air Force Reserve, 72,900. (7) The Coast Guard Reserve, 12,500. (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 component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time 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. (c) The Secretary of the Air Force shall use the personnel strength for the Air National Guard of the United States authorized by subsection (a) to establish and maintain in the Air National Guard of the United States during fiscal year 1985 not less than 91 flying units. AUTHORIZATION OF END STRENGTHS FOR MEMBERS ON ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS

SEC. 412. (a) Within the average strengths prescribed in section 411, the reserve components of the Armed Forces and the National Guard are authorized, as of September 30, 1985, the following number of Reserves to be serving on full-time active duty or, in the case of members of the National Guard, full-time National Guard duty 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, 20,583. (2) The Army Reserve, 10,700. (3) The Naval Reserve, 15,210. (4) The Marine Corps Reserve, 1,129. (5) The Air National Guard and the Air National Guard of the United States, 7,024. (6) The Air Force Reserve, 623. (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 IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS

SEC. 413. (a) The table in section 517(b) of title 10, United States Code, is amended to read as follows:

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PUBLIC LAW 98-525—OCT. 19, 1984 "Grade E-9 E-8

10 USC 524.

517 2,295

Navy 156 381

Air Force 87 455

Marine Corps 9 74".

(b) The table in section 524(a) of such title is amended to read as follows: "Grade Major or lieutenant commander... Lieutenant colonel or commander Colonel or Navy captain

Effective date. 10 USC 517 note.

Army

Army 2,261 1,121 345

Navy 823 520 177

Air Force 471 293 172

Marine Corps 100 50 25'

(c) The amendments made by subsections (a) and (b) shall take effect on October 1, 1984. CLARIFICATION OF STATUS OF MEMBERS OF THE NATIONAL GUARD PERFORMING FULL-TIME DUTY

10 USC 517.

10 USC 523.

10 USC 524.

SEC. 414. (a)(1) Section 101 of title 10, United States Code, is amended— (A) by adding at the end of paragraph (22) the following new sentence: "It does not include full-time National Guard duty."; (B) by inserting "or full-time National Guard duty" after "active duty" in paragraph (24); and (C) by adding at the end thereof the following new paragraph: "(42) 'Full-time National Guard duty' means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.". (2) Section 517(b) of such title is amended— (A) by inserting "(other than for training) or on full-time National Guard duty under the authority of section 502(f) of title 32 (other than for training)" after "on active duty"; (B) by striking out "of the armed forces" and inserting in lieu thereof "or the National Guard"; and (C) by striking out "prescribed for the grade and the armed force" and inserting in lieu thereof "for that grade and armed force". (3) Section 523(b)(l) of such title is amended— (A) by striking out "or section 502 or 503 of title 32" in clause (C); (B) by striking out "or" at the end of clause (D); (C) by striking out the period at the end of clause (E) and inserting in lieu thereof "; or"; and (D) by adding at the end thereof the following: "(F) on full-time National Guard duty.". (4)(A) Subsection (a) of section 524 of such title is amended—

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(i) by inserting "or full-time National Guard duty" after "active duty" the first place it appears; and (ii) by inserting "or full-time National Guard duty (other than for training) under section 502(f) of title 32" after '^of this title". (B)(i) The heading of such section is amended to read as follows: "§ 524. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain". (ii) The item relating to such section in the table of sections at the beginning of chapter 32 of such title to read as follows: "524. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain.".

(5) Section 641(1) of such title is amended— 10 USC 641. (A) by striking out "or under section 502 or 503 of title 32" in clause (C); (B) by striking out "or" at the end of clause (E); (C) by striking out the period at the end of the clause (F) and inserting in lieu thereof "; or"; and (D) by adding at the end thereof the following: "(G) on full-time National Guard duty.". (6) Section 976(a)(1) is amended by striking out "or (B)" and 10 USC 976. inserting in lieu thereof ", (B) a member of the National Guard who is serving on full-time National Guard duty, or (C)". (7)(A) Section 3686(2) of such title is amended to read as follows: 10 USC 3686. "(2) full-time National Guard duty performed by a member of the Army National Guard of the United States shall be deemed to be active duty in Federal service as a Reserve of the Army, except that for purposes of title 38 such duty shall be considered to be active duty for training; and". (B) Section 8686(2) of such title is amended to read as follows: 10 USC 8686. "(2) full-time National Guard duty performed by a member of the Air National Guard of the United States shall be deemed to be active duty in Federal service as a Reserve of the Air Force, except that for purposes of title 38 such duty shall be considered to be active duty for training; and". (b)(1) Section 101 of title 32, United States Code, is amended— (A) by adding at the end of paragraph (12) the following new sentence: "It does not include full-time National Guard duty."; and (B) by adding at the end thereof the following new paragraph: "(19) 'Full-time National Guard duty' means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of this title for which the member is 32 USC 316, entitled to pay from the United States or for which the member 502-505. has waived pay from the United States.". (2)(A) Section 335 of such title is repealed. Repeal. (B) The table of sections at the beginning of chapter 3 of such title 9'^ Stat. 632. is amended by striking out the item relating to section 335.

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PUBLIC LAW 98-525—OCT. 19, 1984

(c) Section 101(18) of title 37, United States Code, is amended by inserting "full-time National Guard duty," after "annual training duty,". PART C—MILITARY TRAINING AUTHORIZATION OF MILITARY TRAINING STUDENT LOADS

Ante, p. 2516.

SEC. 421. (a) For fiscal year 1985, the components of the Armed Forces are authorized average military training student loads as follows: (1) The Army, 76,920. (2) The Navy, 69,116. (3) The Marine Corps, 21,186. (4) The Air Force, 46,592. (5) The Army National Guard of the United States, 18,338. (6) The Army Reserve, 15,994. (7) The Naval Reserve, 3,389. (8) The Marine Corps Reserve, 3,941. (9) The Air National Guard of the United States, 2,990. (10) The Air Force Reserve, 2,099. (b) The average military training student loads authorized in subsection (a) shall be adjusted consistent with the personnel Strengths authorized in parts A and B of this title. 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. REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE IN A UNIT OF THE JUNIOR RESERVE OFFICERS' TRAINING CORPS FOR THE UNIT TO BE MAINTAINED

SEC. 422. Section 2031(b) of title 10, United States Code, is amended— (1) by striking out clause (1) and inserting in lieu thereof the following: "(1) the number of physically fit students in such unit who are at least 14 years of age and are citizens or nationals of the United States is not less than (A) 10 percent of the number of students enrolled in the institution who are at least 14 years of age, or (B) 100, whichever is less;"; (2) by striking out "and" at the end of clause (3); (3) by striking out the period at the end of clause (4) and inserting in lieu thereof "; and "; and (4) by adding at the end thereof the following new clause: "(5) the unit meets such other requirements as may be established by the Secretary of the military department concerned.". TITLE V—DEFENSE PERSONNEL MANAGEMENT PART A—CIVILIAN PERSONNEL WAIVER OF CIVILIAN PERSONNEL CEILINGS FOR FISCAL YEAR 1985

SEC. 501. (a) The provisions of section 138(c)(2) of title 10, United States Code, shall not apply with respect to fiscal year 1985 or with respect to the appropriation of funds for that year. (b) During fiscal year 1985, the civilian personnel of the Department of Defense may not be managed on the basis of any end-

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strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an "end-strength") on the number of such personnel who may be employed on the last day of such fiscal year. (c) Not later than March 1, 1985, the Secretary of Defense and the Director of the Office of Management and Budget shall each submit to the Committees on Armed Services of the Senate and House of Representatives a report on the experience of the Department of Defense during fiscal year 1985 (to the date of the report) concerning the management of civilian personnel of the Department without a congressionally imposed civilian end strength and with a statutory prohibition on the management during that fiscal year of such civilian personnel by end strength. Each such report shall include the views of the Secretary or Director, as appropriate, with respect to the desirability of managing such personnel in such a manner.

Report.

CIVILIAN PERSONNEL CEILINGS ON INDUSTRIALLY-FUNDED ACTIVITIES DURING FISCAL YEAR 1984

SEC. 502. In computing the authorized strength for civilian personnel prescribed in section 601(a) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 632), any increase during fiscal year 1984 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. PART B—OFFICER PERSONNEL TEMPORARY INCREASE IN THE NUMBER OF GENERAL AND FLAG OFFICERS AUTHORIZED TO BE ON ACTIVE DUTY

SEC. 511. (a) During fiscal year 1985, the number of officers of the 10 USC 525 note. Air Force authorized under section 525(b)(1) of title 10, United States Code, to be serving on active duty in the grade of general is increased by one. (b) During fiscal year 1985, the number of officers of the Navy authorized under section 525(b)(2) of title 10, United States Code, to be serving on active duty in a grade above rear admiral is increased by three. None of the additional officers in grades above rear admiral by reason of this subsection may be in the grade of admiral. (c) During fiscal year 1985, the number of officers of the Marine Corps authorized under section 525(b)(1) of title 10, United States Code, to be serving on active duty in grades above major general is increased by one, plus an additional one during any period of that fiscal year that an officer of the Marine Corps is serving as the Commander-in-Chief of the United States Central Command. An additional officer in a grade above major general by reason of this subsection may not be in the grade of general. AUTHORITY TO CONSIDER FOR PROMOTION CERTAIN ARMY RESERVE BRIGADIER GENERALS

S E C 512. Section 3364(e) of title 10, United States Code, is amended by adding at the end thereof the following new sentence: "However, the Secretary may waive the preceding sentence and any other provision of this subtitle relating to the required status of officers eligible to be considered for promotion in order to permit consider-

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 98 STAT. 2522

10 USC 3375.

PUBLIC LAW 98-525—OCT. 19, 1984

ation for promotion to the reserve grade of major general of an officer in the reserve grade of brigadier general— "(1) who is in an inactive status pursuant to a transfer to the inactive status list under section 3375(2) of this title and who has been on that list for less than one year; or "(2) who has been in an active status for less than one year, if the officer was returned to that status from a transfer to the inactive status list under section 3375(2) of this title.". AUTHORITY TO RETAIN IN ACTIVE STATUS UNTIL AGE 60 UP TO 10 ARMY RESERVE BRIGADIER GENERALS

SEC. 513. Section 3851 of title 10, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d) and by striking out "of this section" in such subsection; and (2) by inserting after subsection (b) the following new subsection: "(c) Notwithstanding subsections (a) and (b), the Secretary of the Army may authorize the retention in an active status until age 60 of an officer in the reserve grade of brigadier general who would otherwise be removed from an active status under this section, except that not more than 10 officers may be retained under this subsection at any time.". EXTENSION OF AUTHORITY FOR THE TEMPORARY PROMOTION OP CERTAIN NAVY LIEUTENANTS

97 Stat. 629.

SEC. 514. Section 5721(f) of title 10, United States Code, is amended by striking out "September 30, 1984" and inserting in lieu thereof "September 30, 1986". REPEAL OF FOUR-YEAR LIMITATION ON PERIOD AN OFFICER MAY BE ASSIGNED TO THE ARMY STAFF OR THE AIR STAFF

Effective date.

SEC. 515. Effective on October 1, 1984, sections 3031(d) and 8031(d) of title 10, United States Code, are repealed. PART C—AMENDMENTS TO PROVISIONS OF LAW ENACTED BY THE DEFENSE OFFICER PERSONNEL MANAGEMENT ACT RETENTION IN GRADE OF OFFICERS APPOINTED IN RESERVES UPON SEPARATING FROM ACTIVE DUTY

97 Stat. 666.

97 Stat. 666.

SEC. 521. (a) Section 3359 of title 10, United States Code, is amended— (1) by striking out "subsection (b)" in subsection (a) and inserting "subsections (b) and (c)"; and (2) by adding at the end thereof the following new subsection: "(c) Under regulations prescribed by the Secretary concerned, a person who is originally appointed as a reserve officer of the Army and who is a former commissioned officer may be appointed in the reserve grade equivalent to the grade held by that person when discharged or separated and may be credited with time in that grade for promotion purposes equal to the time in grade held by that person when discharged or separated.". (b) Section 8359 of such title is amended—

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(1) by striking out "subsection (b)" in subsection (a) and inserting "subsections (b) and (c)"; and (2) by adding at the end thereof the following new subsection: "(c) Under regulations prescribed by the Secretary concerned, a person who is originally appointed as a reserve officer of the Air Force and who is a former commissioned officer may be appointed in the reserve grade equivalent to the grade held by that person when discharged or separated and may be credited with time in that grade for promotion purposes equal to the time in grade held by that person when discharged or separated.". (c)(1) Under regulations prescribed by the Secretary of the mili- lo use 3559 tary department concerned, a reserve officer of the Army or Air note. Force originally appointed after September 14, 1981, who at the time of that appointment was a former commissioned officer and who was appointed in a reserve grade lower than the grade held by that person when discharged may be appointed in the reserve grade equivalent to the officer's former grade. (2) An original reserve appointment in the Army or the Air Force of a person who (at the time of the appointment) was a former commissioned officer which (A) was made during the period beginning on September 15, 1981, and ending on the day before the date of the enactment of this Act, and (B) was made in a grade formerly held by that person shall be considered to have been a valid appointment at the time made, and any officer who received such an appointment is entitled to all the rights, privileges, and benefits of the grade to which appointed as of the original date of that appointment. INCREASE IN LIMITATION ON NUMBER OF REGULAR OFFICERS IN THE NAVY, AIR FORCE, AND MARINE CORPS

SEC. 522. Section 522 of title 10, United States Code, is amended by striking out "48,000", "69,425", and "13,000" and inserting in lieu thereof "55,000", "80,000", and "17,000", respectively. CLARIFICATION OF SENIOR GENERAL AND FLAG OFFICERS CONTINUATION IN GRADE DURING A CHANGE IN STATUS

SEC. 523. Section 601(b) of title 10, United States Code, is amended to read as follows: "(b) An officer who is appointed to the grade of general, admiral, lieutenant general, or vice admiral for service in a position of importance and responsibility designated to carry that grade shall continue to hold that grade— "(1) while serving in that position of importance and responsibility; "(2) while under orders transferring him to another position designating to carry one of those grades, beginning on the day his assignment to the first position is terminated and ending on the day before the day on which he assumes the second position; "(3) while hospitalized, beginning on the day of the hospitalization and ending on the day he is discharged from the hospital, but not for more than 180 days; and "(4) while awaiting retirement, beginning on the day he is relieved from the position designated to carry one of those grades and ending on the day before his retirement, but not for more than 90 days.".

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 98 STAT. 2524

PUBLIC LAW 98-525—OCT. 19, 1984 AUTHORITY TO USE MEANS OTHER THAN BOARDS TO DECIDE WHETHER AN OFFICER SHOULD BE REQUIRED TO SHOW CAUSE FOR RETENTION

10 USC 1181. Regulations.

SEC. 524. (a) Section 618(b)(2) of title 10, United States Code, is amended to read as follows: "(2) If the report of a selection board names an officer as having a record which indicates that the officer should be required to show cause for his retention on active duty, the Secretary concerned may provide for the review of the record of that officer as provided for under regulations prescribed under section 1181 of this title.". (b)(1) Section 1181 of such title is amended to read as follows: "§118L Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons "(a) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps to determine whether such officer shall be required, because his performance of duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty. "(b) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps to determine whether such officer should be required, because of misconduct, because of moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on active duty.". (2) The item relating to section 1181 in the table of sections at the beginning of chapter 60 of such title is amended to read as follows: "1181. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons.".

Effective date. 10 USC 1181 note.

Supra.

(3) The amendments made by paragraphs (1) and (2) shall take effect on the first day of the first month that begins more than 60 days after the date of the enactment of this Act, but shall not apply to any case in which, before that date, a board of officers has been ordered to convene under the provisions of section 1181 of title 10, United States Code, as in effect before that date. REMOVAL FROM FURTHER CONSIDERATION FOR PROMOTION OF OFFICERS IN PAY GRADE 0 - 2 WHO HAVE TWICE FAILED OF SELECTION FOR PROMOTION

SEC. 525. (a) Subsection (b) of section 619 of title 10, United States Code, is amended— (1) by striking out "An officer" and inserting in lieu thereof "(1) Except as provided in paragraph (2), an officer"; and (2) by adding at the end thereof the following new paragraph: "(2) Paragraph (1) does not apply to a regular officer who is ineligible for consideration for promotion under section 631(c) of this title or to a reserve officer who has failed of selection for promotion

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to the grade of captain or, in the case of an officer of the Navy, lieutenant for the second time.". (b) Subsection (c)(2) of such section is amended— (1) by striking out "and" at the end of clause (B); (2) by striking out the period at the end of clause (C) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new clause: "(D) may, by regulation, preclude from consideration by a selection board by which he would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the board is convened.". (c) Section 631 of such title is amended by adding at the end thereof the following new subsection: "(c) An officer who is subject to discharge under subsection (a)(1) is not eligible for further consideration for promotion.".

10 USC 631.

DETERMINATION OF DATE OF RANK FOR OFFICERS WHOSE PROMOTIONS ARE DELAYED ADMINISTRATIVELY

SEC. 526. Paragraphs (1) and (2) of section 624(d) of title 10, United States Code, are each amended by striking out the period at the end and inserting in lieu thereof, unless the Secretary concerned determines that the officer was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such date of rank, effective date of pay and allowances, and position on the active-duty list as the Secretary considers appropriate under the circumstances.". SPECIAL SELECTION BOARDS FOR WARRANT OFFICERS

SEC. 527. (a) Subsections (a)(1) and (b)(1) of section 628 of title 10, United States Code, are amended by striking out "(composed in accordance with section 612 of this title)" and inserting in lieu thereof "(composed in accordance with section 612 of this title or, in the case of a warrant officer, composed in accordance with section 558 of this title and regulations prescribed by the Secretary of the military department concerned)". (b) Section 641 of such title is amended by striking out "(other than section 640)" and inserting in lieu thereof "(other than section 640 and, in the case of warrant officers, section 628)". AUTHORITY TO DISCHARGE RESERVE SECOND LIEUTENANTS AND ENSIGNS FOUND NOT QUALIFIED FOR PROMOTION

SEC. 528. (a) Section 1005 of title 10, United States Code, is amended— (1) by striking out "A reserve commissioned officer, other than a commissioned warrant officer," and inserting in lieu thereof "(a) Except as provided in subsection (b), a reserve commissioned officer"; (2) by striking out the comma after "any other provision of law"; and (3) by adding at the end thereof the following new subsection: "(b) Subsection (a) does not prevent the discharge or transfer from an active status of— "(Da commissioned warrant officer; or "(2) an officer on the active-duty list who is found not qualified for promotion to the grade of first lieutenant, in the case of

10 USC 641.

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 98 STAT. 2526

10 USC 3819.

10 USC 6389.

10 USC 8819.

PUBLIC LAW 98-525—OCT. 19, 1984

an officer of the Army, Air Force, or Marine Corps, or lieutenant (juiiio'* grade), in the case of an officer of the Navy.". (b) Section 3819 of such title is amended— (1) by inserting "(a)" before "Except as provided"; (2) by inserting "and not on the active-duty list" after "in an active status"; and (3) by adding at the end thereof the following new subsection: "(b) Except as provided by section 1006 of this title, each second lieutenant of the Army Reserve who is on the active-duty list of the Army and is found not qualified for promotion to the reserve grade of first lieutenant shall be discharged from his reserve appointment not later than the end of the 18-month period beginning on the date on which he is first found not qualified for promotion to that grade, unless he is promoted to that grade before the end of that period.". (c) Section 6389 of such title is amended by adding at the end thereof the following new subsection: "(g) An officer in an active status in the Naval Reserve in the permanent grade of ensign who is found not qualified for promotion to the grade of lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of second lieutenant who is found not qualified for promotion to the grade of first lieutenant, may (unless he is sooner promoted) be eliminated from an active status.". (d) Section 8819 of such title is amended by adding at the end thereof the following new subsection: "(c) Except as provided by section 1006 of this title, each second lieutenant of the Air Force Reserve who is on the active-duty list of the Air Force and is found not qualified for promotion to the reserve grade of first lieutenant shall be discharged from his reserve appointment not later than the end of the 18-month period beginning on the date on which he is first found not qualified for promotion to that grade, unless he is promoted to that grade before the end of that period.". NAVY LIMITED DUTY OFFICERS

10 USC 633.

10 USC 6383.

SEC. 529. (a) Section 619(d)(2) of title 10, United States Code, is amended by striking out "Navy or" and "lieutenant commander or". (b) Section 633 of such title is amended by striking out "Except an officer of the Navy and Marine Corps who is an officer designated for limited duty (to whom section 5596(e) or 6383 of this title applies)" and inserting in lieu thereof "Except an officer of the Navy designated for limited duty to whom section 5596(e) of this title applies and an officer of the Marine Corps designated for limited duty to whom section 5596(e) or section 6383 of this title applies". (c)(1) Subsection (a) of section 6383 of such title is amended by striking out "each regular officer of the Navy or Marine Corps" and inserting in lieu thereof "each regular officer of the Navy who is an officer designated for limited duty and who is serving in a grade below the grade of commander and each regular officer of the Marine Corps who is an officer". (2) Subsection (d) of such section is amended by striking out "Each" and inserting in lieu thereof "Except as provided in subsection (i), each". (3) Subsection (i) of such section is amended— (A) by inserting "or the discharge under subsection (d)" after "the retirement under subsection (a) or (b)"; and

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(B) by striking out the second sentence and inserting in lieu thereof the following: "An officer whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond 20 years active commissioned service, if in the grade of lieutenant or captain, beyond 24 years active commissioned service, if in the grade of lieutenant commander or major, or beyond 28 years active commissioned service, if in the grade of lieutenant colonel, or beyond age 62, whichever is earlier.". APPOINTMENT IN PERMANENT GRADE OF CERTAIN LIMITED DUTY OFFICERS SERVING IN HIGHER TEMPORARY GRADES

SEC. 530. Section 616 of the Defense Officer Personnel Management Act (10 U.S.C. 611 note) is amended by adding at the end thereof the following new subsection: "(c) An officer of the Navy or Marine Corps who on September 15, 1981, was an officer designated for limited duty under section 5589 of title 10, United States Code, and who on the date of the enactment of this subsection is serving in a temporary grade above the grade of lieutenant, in the case of an officer of the Navy, or captain, in the case of an officer of the Marine Corps, may be reappointed under section 5589 of title 10, United States Code (as in effect on or after September 15, 1981), in the same permanent grade and with the same date of rank held by that officer on the active-duty list immediately before such reappointment if he is otherwise eligible for appointment under that section.". DETERMINATION OF S E V E R A N C E PAY IN CERTAIN CASES

SEC. 531. Section 631 of the Defense Officer Personnel Management Act (10 U.S.C. 611 note) is amended— (1) by striking out "the day before the effective date of this Act" each place it appears and inserting in lieu thereof "September 14, 1981,"; (2) by striking out "on or" in subsection (a)(2); (3) by striking out the period at the end of subsection (a) and inserting in lieu thereof ", unless (in the case of a member discharged or released on or after the date of the enactment of the Department of Defense Authorization Act, 1985) the Secre- Ante, p. 2492. tary concerned determines that the conditions under which the member is discharged or separated do not warrant such pay."; (4) by striking out "to whom subsection (a) applies is" in subsection (b) and inserting in lieu thereof "who is entitled to receive a readjustment payment or severance pay under subsection (a) is also"; and (5) by striking out "a readjustment payment or" in subsection O> and inserting in lieu thereof "the readjustment payment t) and". CONSIDERATION FOR PROMOTION OF CERTAIN RETIRED OFFICERS WHO LATER SERVE ON ACTIVE DUTY

SEC. 532. (a) Title VI of the Defense Officer Personnel Management Act (10 U.S.C. 611 note) is amended by adding at the end of part C the following new section:

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 98 STAT. 2528

PUBLIC LAW 98-525—OCT. 19, 1984 "SAVINGS PROVISION FOR PROMOTION CONSIDERATION OF CERTAIN RETIRED OFFICERS

"SEC. 639. Notwithstanding sections 619, 620, and 641(4) of title 10, United States Code, a retired officer serving on active duty on the date of the enactment of this section who on September 14, 1981, was on active duty as a retired officer recalled to active duty and who— "(1) was eligible for consideration for promotion on that date; and "(2) has served continuously on active duty since that date, may be considered for promotion (under regulations prescribed by the Secretary of the military department concerned) by a selection board that convenes after the date of the enactment of this section as if he had been placed on the active-duty list pursuant to section 10 USC 611 note. 621 of this Act.". (b) The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 638 the following new item: "Sec. 639. Savings provision for promotion consideration of certain retired officers." TECHNICAL AMENDMENTS

10 USC 680. 10 USC 3964, 8964. 10 USC 4336.

10 USC 9336.

10 USC 5891. Repeal. 10 USC 6482.

SEC. 533. (a) Paragraph (1) of section 645 of title 10, United States Code, is amended— (1) in subparagraph (A), by inserting "(other than after having been placed on that list after a selection from below the promotion zone)" after "to that grade" in clauses (i)(II) and (ii)(II); and (2) in subparagraph (B)— (A) by inserting "in the promotion zone" after "the junior officer'; and (B) by striking out "in the promotion zone" after "higher grade". (b) Section 680(b)(3) of such title is amended by inserting ", separation pay," after "retired pay". (c) Sections 3964 and 8964 of such title are amended by striking out "temporary". (d)(1) Subsections (a) and (b) of section 4336 of such title are amended by striking out "when a regular officer" in the second sentence and all that follows through "grade of colonel," and inserting in lieu thereof "on which he would have been promoted had he been selected for promotion from among officers in the promotion zone,". (2) Subsections (a) and (b) of section 9336 of such title are amended by striking out "when a regular officer" in the second sentence and all that follows through "grade of colonel," and inserting in lieu thereof "on which he would have been promoted had he been selected for promotion from among officers in the promotion zone,". (e) Section 5891(c) of such title is amended by striking out "a lineal list" both places it appears and inserting in lieu thereof "the activeduty list". (6(1) Section 6482 of such title is repealed. (2) The table of sections at the beginning of chapter 575 of such title is amended by striking out the item relating to section 6482. (g) Section 404(c)(1)(B) of title 37, United States Code, is amended by inserting "separation pay or" before "severance pay" and before "readjustment pay".

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PART D—OFFICER TRAINING PROGRAMS CLARIFICATION OF AUTHORITY TO ORDER CERTAIN CADETS AND MIDSHIPMEN TO ACTIVE DUTY

SEC. 541. (a) Section 4348(a) of title 10, United States Code, is amended— (1) by striking out ", unless sooner separated," in the matter preceding clause (1); (2) by inserting "unless sooner separated from the Academy," in clause (1) before "complete the"; and (3) by inserting ", unless sooner separated from the service," in clause (2) before "serve" and in clause (3) before "remain". (b) Section 6959(a) of such title is amended— (1) by striking out ", unless sooner separated," in the matter preceding clause (1); (2) by inserting "unless sooner separated from the Naval Academy," in clause (1) before "complete the"; and (3) by inserting ", unless sooner separated from the naval service," in clause (2) before "serve" and in clause (3) before "remain". (c) Section 9348(a) of title 10, United States Code, is amended— (1) by striking out ", unless sooner separated," in the matter preceding clause (1); (2) by inserting "unless sooner separated from the Academy," in clause (1) before "complete the"; and (3) by inserting ", unless sooner separated from the service," in clause (2) before "serve" and in clause (3) before "remain". (d) The amendments made by this section shall apply with respect to agreements entered into under section 4348, 6959, or 9348 of title 10, United States Code, before, on, or after the date of the enactment of this Act.

10 USC 6959.

10 USC 9348.

Effective date. l^^Y^^ ^^^^ note.

EXTENSION OF MILITARY SERVICE OBLIGATION OF SERVICE ACADEMY AND ROTC CADETS AND MIDSHIPMEN

SEC. 542. (a) Section 2107(b)(5) of title 10, United States Code, is amended— (1) by striking out the semicolon in subclause (A)(i) and inserting in lieu thereof "or before such other date, not beyond the eighth anniversary of the midshipman's date of rank, that the Secretary of Defense may prescribe;"; and (2) by striking out "the sixth anniversary" in subclause (C)(ii) and inserting in lieu thereof "at least the sixth anniversary and, at the discretion of the Secretary of Defense, up to the eighth anniversary". (b) Section 4348(a)(3) of such title is amended by striking out "the sixth anniversary" and inserting in lieu thereof "at least the sixth anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary". (c) Section 6959(a)(3) of such title is amended by striking out "the sixth anniversary" and inserting in lieu thereof "at least the sixth anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary". (d) Section 9348(a)(3) of such title is amended by striking out "the sixth anniversary" and inserting in lieu thereof "at least the sixth

lo use 4348.

10 USC 6959.

10 USC 9348.

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anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary". ELIGIBILITY FOR ADVANCED TRAINING IN SENIOR ROTC PROGRAM

Effective date. 10 USC 2104 note.

SEC. 543. (a) Section 2104 of title 10, United States Code, is amended— (1) by striking out ", who have at least two academic years remaining at such educational institution" in subsection (a); and (2) by striking out subsection (b)(6) and inserting in lieu thereof the following: "(6) either— "(A) complete successfully— "(i) the first two years of a four-year Senior Reserve Officers' Training Corps course; or "(ii) field training or a practice cruise of not less than six weeks' duration which is prescribed by the Secretary concerned as a preliminary requirement for admission to the advanced course; or "(B) at the discretion of the Secretary concerned, agree in writing to complete field training or a practice cruise, as prescribed by the Secretary concerned, within two years after admission to the advanced course.", (b) The amendments made by subsection (a) do not constitute authority for the enactment of new budget authority for a fiscal year beginning before October 1, 1984, PART E—MISCELLANEOUS WOMEN IN THE ARMED FORCES

10 USC 8251 note.

Study. Report.

SEC. 551. (a) The Secretary of the Air Force shall provide that of all persons originally enlisting in the Regular Air Force during the period beginning on October 1, 1986, and ending on September 30, 1988(1) not less than 19 percent of those enlisting during fiscal year 1987 shall be women; and (2) not less than 22 percent of those enlisting during fiscal year 1988 shall be women. (b) The Secretary of Defense shall study the propensity of young women to serve in the military and shall submit a report to Congress with the Secretary's review and analysis of that propensity not later than six months after the date of the enactment of this Act. RESERVE FORCES READINESS

Study. SEC. 552. (a)(1) The Secretary of Defense shall conduct a review of 10 USC 261 note, the various systems used to measure the readiness of reserve units of the Armed Forces and shall implement a measurement system for the active and reserve components of the Armed Forces to provide an objective and uniform evaluation of the readiness of all units of the Armed Forces. The measurement system should be designed to produce information adequate to provide comparisons concerning the readiness of all units. The system for evaluation of the readiness of a unit of an active component should incorporate the performance of any unit of a reserve component affiliated with the active component unit, including the effect of the reserve component unit on the mobilization capability of the active component unit.

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