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99 STAT. 597

(2) may be derived only through cost reductions in programs of the Department of Defense under this title that are achieved without a reduction in the quantity or quality of goods or services acquired by the Department, including reductions due to the rate of inflation for fiscal year 1986 being lower than the rate assumed in the President's budget for fiscal year 1986. (b) IDENTIFICATION OF AMOUNTS.—Subsection (a) applies to the

following amounts that represent reductions from amounts requested in the President's Budget for fiscal year 1986 and that have been incorporated into the amounts authorized in sections 101 Ante, p. 590. through 105:

Ante, pp. 592-596.

(1) Aircraft, Army, $5,000,000. (2) Missiles, Army, $4,000,000. (3) Weapons and tracked combat vehicles, Army, $7,000,000. (4) Ammunition, Army, $3,000,000. (5) Other procurement. Army, $5,000,000. (6) Aircraft, Navy, $15,000,000. (7) Weapons, Navy, $7,000,000. (8) Shipbuilding and conversion. Navy, $14,000,000. (9) Other procurement. Navy, $6,000,000. (10) Procurement, Marine Corps, $2,000,000. (11) Aircraft, Air Force, $32,000,000. (12) Missiles, Air Force, $13,000,000. (13) Other Procurement, Air Force, $9,000,000. (14) Defense Agencies, $1,000,000. SEC. 108. PROVISIONS RELATING TO TRANSFERS OF PRIOR-YEAR FUNDS (a) AUTHORIZATION OF TRANSFERS SUBJECT TO PROVISIONS OF APPROPRIATIONS ACTS.—Transfers authorized by this title (other

than a transfer described in section 102(c)(5)(B)) may be made only to the extent provided in appropriation Acts. (b) SOURCE OF TRANSFERRED FUNDS.—(1) All amounts transferred under this title shall be derived from funds that remain available for obligation. (2) Except as provided in paragraphs (3) and (4), such funds— (A) may not be derived through cancellation of any program, stretchout of procurement under any program, or any other program change; but (B) may be derived only through cost reductions (including reductions due to rates of inflation being lower than rates assumed when such funds were budgeted) under programs for which such funds were authorized and appropriated that are achieved without a reduction in the quantity or quality of goods or services acquired by the Department of Defense. (3)(A) Funds for the transfer authorized by section 101(b)(3)(B) may be derived from the Sergeant York Air Defense Gun. (B) Funds for the transfer authorized by section 101(b)(4)(B) may be derived from 120-millimeter mortar ammunition. (C) Funds for the transfer authorized by section 101(b)(5)(B) may be derived from the Single Channel Objective Tactical Terminal and M9 Armored Combat Earthmover programs. (4) Paragraph (2) shall not apply to funds for the transfers authorized by section 101(b)(3)(C) and section 131(c). SEC. 109. REPORT ON REDUCTIONS AND TRANSFERS The Secretary of Defense may not implement a program change under a reduction described in section 107 or under a transfer under

Ante, p. 592.

Ante, p. 590.

Post, p. 603.

Ante, p. 596.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/620

 99 STAT. 598

Ante, p. 596.

PUBLIC LAW 99-145—NOV. 8, 1985 this title until the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report describing the programs in which such reductions will be made in accordance with section 107 and the programs that are the source of the funds transferred under this title. SEC. 110. IMPROVEMENT IN CONVENTIONAL READINESS CAPABILITY

(a) SENSE OF CONGRESS.—It is the sense of Congress that the United States should place greater emphasis on the improvement of the capabilities of United States conventional forces, particularly in cooperation with other member nations of the North Atlantic Treaty Organization, and that such an improvement would reduce the threat of nuclear war. (b) INCREASED AUTHORIZATIONS FOR CONVENTIONAL CAPABILITY.—

Accordingly, authorizations of appropriations for programs to improve the conventional readiness capabilities of the Armed Forces in addition to the amounts requested in the President's budget for fiscal year 1986 have been included in the appropriate provisions of this Act, and similar emphasis on conventional defense capabilities is to be expected in future legislation authorizing appropriations for the Department of Defense. PART B—ARMY PROGRAM LIMITATIONS SEC. 121. SERGEANT YORK DIVISION AIR DEFENSE (DIVAD) GUN Contracts. Reports.

Report.

Report.

Report.

(a) LIMITATION ON FURTHER PROCUREMENT.—The Secretary of the

Army may not obligate funds to execute option III of the production contract for procurement of fire units of the Sergeant York Division Air Defense (DIVAD) Gun system or to enter into a new contract for production and assembly of that system until— (1) the initial production testing and the follow-on evaluation I are completed and the results of the testing and evaluation demonstrate that the Sergeant York System meets or exceeds the pass/fail criteria of the tests established jointly by the Secretary of the Army and the Secretary of Defense; (2) the Director of Operational Test and Evaluation of the Department of Defense submits to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a report giving the Director's evaluation of the results of such testing and evaluation; (3) the Secretary of Defense reports to those committees on the results of such testing and evaluation and certifies that such testing reliably demonstrates that the operational capabilities of the Sergeant York system meet or exceed the performance specifications of the contract; (4) the Secretary of the Army submits to those committees a report describing a contractor guarantee of the performance of the system described in subsection (b)(D; and (5) 30 days have elapsed after the report under paragraph (4) is received by those committees. (b) PERFORMANCE GUARANTEE.—(1) The guarantee of the contrac-

tor under subsection (a)(4) shall provide that each fire unit of the system shall operate in accordance with the performance specifications of the contract for the system for the maximum feasible duration and in any event for not less than one year. (2) The terms of a guarantee under this subsection shall be in addition to terms of any previous guarantee or warranty of the

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


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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 599

system by the contractor required under section 2403 of title 10, United States Code, or any predecessor provision. 98 Stat. 2601. (3) A guarantee under this subsection shall apply to contracts for fiscal years after fiscal year 1985. SEC. 122. BRADLEY FIGHTING VEHICLE (a) REQUIREMENT FOR REPORTS ON TESTING.—The

Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives two reports with respect to the Bradley Fighting Vehicle. The reports shall describe the results of the first and second phases, respectively, of the live-fire survivability testing program being carried out with respect to such vehicle. The reports shall be submitted in both classified and unclassified versions. (b) REQUIRED ELEMENTS OF TESTING PROGRAM.—In phase 1 of the testing program referred to in subsection (a), at least 10 live-fire tests using antiarmor weapons of the Soviet Union shall be conducted against such vehicle in its current configuration. In phase 2 of the testing program, similar tests shall be conducted against such vehicle in a configuration with enhanced survivability features. (c) CONTENT OF REPORTS.—The reports required by this section shall include the following: (1) A complete analysis of the results of the testing program referred to in subsection (a), including an accounting of all of the test shots which were fired at the test vehicle, the distances from which the shots were fired, and the effects of such shots. (2) A description and justification for the measures of merit and the pass/fail criterion used in the testing program. (3) A justification for exempting from the testing program any overmatch or undermatch weapon which would likely be encountered in combat conditions. (4) Potential problems that were revealed by the tests and a proposed design modification for remedying such problems. (5) The estimated unit cost of each proposed survivability modification and the overall program cost for the modifications. (6) A comparison of the estimated unit cost of the Bradley Fighting Vehicle in both the configuration used in phase 1 of the testing program and the configuration in phase 2 of the testing program. (d) DATE FOR SUBMISSION OF REPORTS.—The reports required by this section shall be submitted as follows: (1) The report regarding the results of phase 1 of the testing program shall be submitted by December 1, 1985. (2) The report regarding the results of phase 2 of the testing program shall be submitted by June 1, 1986. SEC. 123. CONDITIONS ON PROCUREMENT OF CERTAIN COMBAT VEHICLES (a) TESTING REQUIREMENTS.—(1) Chapter 139 of title 10, United

States Code, is amended by adding at the end thereof the following new section: "§2362. Testing requirements: wheeled or tracked armored ve- lo use 2362. hides "(a) The Secretary of Defense shall provide that a contract for Contract. procurement by the Department of Defense under a major vehicle program may not be entered into unless the testing carried out

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 99 STAT. 600

Report.

10 USC 139a.

PUBLIC LAW 99-145—NOV. 8, 1985 during the development of the vehicle meets the requirements of subsection (b). "(b) The testing of a vehicle referred to in subsection (a) shall include testing of the vulnerability of such vehicle to the most capable weapon that is likely to be a combat threat to the vehicle and against which the vehicle is designed to survive. Such tests— "(1) shall be carried out in a manner modeled after the Joint Live-Fire Test Program for the Bradley Fighting Vehicle; and "(2) if the test vehicle is to replace an existing vehicle, shall at least include test shots fired under the same conditions at both the test vehicle and the vehicle it is to replace, with each vehicle being equipped with all of the elements with which the vehicle would be equipped in combat. "(c)(1) The Secretary of Defense shall submit to the defense committees a report with respect to the testing of each vehicle for which testing is required under this section. "(2) A report under paragraph (1)— "(A) shall be submitted in both a classified and unclassified form; "(B) shall be submitted with the first request to Congress for appropriations for procurement— "(i) of the vehicle; or "(ii) of modifications to an existing vehicle. "(3) Each such report shall include— "(A) a complete description of the firing parameters used in the testing and an analysis of the effect on the vehicle of each test shot made; "(B) a description and justification of the merit and pass/fail criterion used in carrying out the test; "(C) a description of the potential shortcomings of the vehicle that were revealed by the testing and (if any were revealed) the plan of the Secretary to incorporate into the design of the vehicle changes that are considered cost effective and that are necessary to overcome such shortcomings; and "(D) if the test vehicle is to replace an existing vehicle, a comparison— "(i) of the estimated unit cost of each newly developed vehicle (or of the newly developed survivability modifications being made to an existing vehicle); with "(ii) the unit cost of the vehicle that is to be replaced by the test vehicle. "(d) The Secretary of Defense shall include in the Department of Defense plan referred to as the Test and Evaluation Master Plan that is established for any major vehicle program an estimated cost and schedule of the testing to be carried out with respect to the program. "(e) In this section: "(1) 'Major vehicle program' means a major defense acquisition program for the acquisition of— "(A) a newly developed combat wheeled or tracked armored vehicle; or "(B) a combat wheeled or tracked armored vehicle with significant newly developed survivability modifications. "(2) 'Major defense acquisition program means a program subject to the Selected Acquisition Report requirements of section 139a of this title.

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 601

"(3) 'Defense committees' means the Committees on Armed Services and on Appropriations of the Senate and House of Representatives.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2362. Testing requirements: wheeled or tracked armored vehicles.".

(b) ESnracnvK DATE.—The amendments made by subsection (a) 10 USC 2362 note. shall take effect on January 1, 1987. SEC. 124. SALE OF L119 HOWITZERS OVERSEAS (a) LniiTATTON ON SALE TO FOREIGN GOVERNMENTS.—Howitzers United Kingdom. designated as L119 howitzers that are produced by a United States arsenal may be sold to a friendly foreign government only if not less than 30 percent of the doUar value of such howitzers is produced in the United Kingdom, as follows: (1) Five percent of the dollar value consists of basic issue items. (2) Ten percent of the dollar value consists of fire control items. (3) Fifteen percent of the dollar value consists of commercial items. (b) PERIOD OF APPLICABILITY.—Subsection (a) applies only during the period of coproduction of the L119 howitzer, as determined joinuy liy the United States and the United Kingdom. SEC. 12Su RESTRICTIONS ON PURCHASE OF 5-TON TRUCKS (a) TESTING OF COMPETING ENGINES BEFORE CONTRACT AWARD.—

(1) Except as provided in subsection (b)( the Secretary of the Army may not enter into a new contract for the procurement of 5-ton trucks for the Army until the Secretary certifies to the Committees on Armed Services of the Senate and House of Representatives that each truck engine described in paragraph (2) has been tested as provided in paragraph (3). (2) The truck engines referred to in paragraph (1) are engines that— (A) meet the specifications of the Army for engines for 5-ton trucks; and (B) are commercial^ available from sources competing for the award of a contract tor the supply of engines to the Army for the 5-ton trucks that are to be procured under a multiyear contract that is to succeed the multiyear contract referred to in subsection Oi>). (3) The testing referred to in paragraph (1) shall be carried out in &-ton trucks configured in the M939 validated technical data package of the Army and shall include tests to determine— (A) whetiier the engine is durable after testing in a mission profile for at least 20,000 miles; and (B) whether the performance reliability of the engine for high ambient temperature cooling, cold starting, deep water fording, grade climbing, and noise is acceptable. (b) AUTHORITY FOR EXTENSION OF EXISTING MULTIYEAR CON-

TRACT.—(1) The Secretary of the Army may extend for a period not to exceed 18 months the multiyear contract for the procurement of 5-ton trucks that is in effect on the date of the enactment of this Act. (2) Funds available to the Army for the procurement of &-ton trucks during fiscal year 1985 and funds appropriated for the

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 99 STAT. 602

PUBLIC LAW 99-145—NOV. 8, 1985 procurement of 5-ton trucks for the Army for fiscal year 1986 may be used for the procurement of 5-ton trucks under an extension of the contract referred to in paragraph (1). (c) N E W MULTIYEAR CONTRACT.—(1) Subject to paragraph (2), the Secretary of the Army shall take such action as is appropriate, consistent with the limitation set out in subsection (a), to award a multiyear contract for the procurement of 5-ton trucks not later than May 1, 1986. Such a contract shall be for a period of five fiscal years. A contract under this paragraph may only be entered into in accordance with section 2306(h) of title 10, United States Code. (2) A contract under paragraph (1) may not be entered into unless the Emticipated cost over the period of the contract is no more than 90 percent of the anticipated cost of carrying out the same program through annual contracts. (3) Not later than February 1, 1986, the Secretary shall determine whether it is impracticable to award a contract under paragraph (1) on or before May 1, 1986. If the Secretary determines that such action is impracticable, he shall notify the Committees on Armed Services of the Senate and the House of Representatives of the determination on or before February 1, 1986. SEC. 126. OTHER ARMY PROGRAMS

Ante, p. 590.

(a) COPPERHEAD PROJECTILE PROGRAM.—Of the amount authorized in section 101 for procurement of ammunition, $235,000,000 is authorized for the Copperhead projectile. Not more than $200,000,000 may be obligated or expended for that projectile from funds appropriated or otherwise made available to the Army for fiscal year 1986, after the date of the enactment of this Act, until the Secretary of Defense submits to Congress a written plan to establish a second production source for the Copperhead projectile. Qo) SAFETY MODIFICATIONS FOR PERSHING II MISSILE PROGRAM.—(1)

In carrying out the Pershing II missile program for fiscal year 1986, the Secretary of the Army may purchase safety modifications (including 36 inert missile motors for the Pershing II missile) using funds made available for such program for such fiscal year. (2) The Secretary may not obligate any funds for the safety modifications authorized by paragraph (1) until the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report providing a detailed plan for the purchase of such safety modifications. (c) AH-64 APACHE HEUCOPTERS.—The Secretary of the Army may not obligate funds appropriated or otherwise made available for a fiscal year after fiscal year 1985 for procurement of AH-64 Apache attack helicopters until the Director of the Defense Contract Audit Agency reports to the Secretary that the contractor for such helicopters has demonstrated to the satisfaction of the Director— (1) that the contractor has implemented an effective and reliable system of internal accounting controls; and (2) that the contractor has accumulated documentation (including journals, vouchers, invoices, and expense data) to support the contractor's final submission for settlement of indirect expenses for calendar years 1979 through 1983 and that such documentation is available to the Director.

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 603

PART C—NAVY PROGRAM LIMITATIONS SEC. 131. A6 A I R C R A F T R E W I N G PROGRAM

(a) AUTHORIZED PROGRAM.—The Secretary of the Navy is authorized to carry out a program to replace the wings of the A6 aircraft. The amount obhgated to carry out such program during fiscal year 1985 may not exceed $240,000,000. OJ) REQUIRED WARRANTY.—Funds may be obligated for the program authorized by subsection (a) only under a firm fixed-price contract which includes a warranty guaranteeing a wing fatigue life of at least 8,800 hours. (c) AUTHORIZATION FOR TRANSFER OF FUNDS.—There are hereby authorized to be transferred to, and merged with, amounts appropriated for procurement for aircraft for the Navy for fiscal year 1985, to the extent provided in appropriation Acts, $240,000,000 for the program authorized by subsection (a). Such amount shall be derived from amounts appropriated for procurement of aircraft for the Navy for fiscal years before fiscal year 1986 as follows: (1) $103,000,000 shall be derived from amounts appropriated for fiscal years before fiscal year 1985 remaining available for obligation. (2) $137,000,000 shall be derived from amounts appropriated for fiscal year 1985 remaining available for obligation. SEC. 132. LIMITATIONS ON NAVY AIRCRAFT PROCUREMENT

Funds appropriated for fiscal year 1986 for aircraft for the Navy— (1) may not be obligated for procurement of A6E aircraft until the Secretary of the Navy certifies to the Committees on Armed Services of the Senate and House of Representatives that the wing for the A6E aircraft to be procured is warranted for at least a 4,000-hour test-equivalent fatigue life; and (2) may be obligated for procurement of F14 aircraft only for aircraft that are configured so as to incorporate the FllO engine. PART D — A I R FORCE PROGRAM LIMITATIONS SEC. 141. MX MISSILE PROGRAM

(a) LIMITATIONS ON FY86 MX PROGRAM.—(1) Not more than 12 MX missiles may be procured with funds appropriated or otherwise made available in an appropriation law for fiscal year 1986 for the procurement of missiles for the Air Force. (2) Of the funds appropriated or otherwise made available in an appropriation law for fiscal year 1986 for the procurement of missiles for the Air Force— (A) $1,746,000,000 shall be available only for the procurement of 12 MX missiles and related weapons system and support costs; and (B) $105,000,000 shall be available only for the procurement of initial spares for the MX missile program. (b) LIMITATIONS ON DEPLOYMENT AND BASING OF MX

MISSILES.—(1)

The number of MX missiles deployed at any time in existing Minuteman silos may not exceed 50. (2) Funds appropriated pursuant to this or any other Act may not be used—

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 99 STAT. 604

PUBLIC LAW 99-145—NOV. 8, 1985 (A) to modify, or prepare for modification, more than 50 existing Minuteman silos for the deployment of MX missiles; (B) to acquire basing sets to modify more than 50 existing Minuteman silos for the deployment of MX missiles; or (C) to procure long-lead items for the deployment of more than 50 MX missiles. (c) ADDITIONAL LIMITATIONS ON THE DEPLOYMENT AND BASING OF

MX MISSILES.—Unless a basing mode for the MX missile other than existing Minuteman silos is specifically authorized by legislation enacted after the date of the enactment of this Act, after procurement of 50 MX missiles for deployment in existing Minuteman silos— (1) further procurement of MX missiles shall be limited to those missiles necessary to support the operational test program and for the MX missile reliability testing program; and (2) during fiscal year 1987, depending upon the most efficient production rate, from 12 to 21 MX missiles should be procured for such purposes. SEC. 142. COMPETITION FOR AIR FORCE FIGHTER AIRCRAFT PROCUREMENT

98 Stat. 1185. 10 USC 2301 et seq.

(a) REQUIRED COMPETITION.—The Secretary of the Air Force shall establish during fiscal year 1986 a competition for the procurement of fighter aircraft to meet the requirements of the active and reserve forces of the Air Force. Such competition shall be among all suitable aircraft. (b) COMPLIANCE WITH APPLICABLE LAW.—Procurement of tactical fighter aircraft for the Air Force for fiscal year 1986 shall be carried out in accordance with all applicable provisions of law, including section 136a (relating to the Director of Operational Test and Evaluation), section 139c (relating to independent cost estimates), and chapter 137 (relating to competition in contracting), of title 10, United States Code. SEC. 143. ADVANCED TECHNOLOGY BOMBER (a) REPORT ON TOTAL PROGRAM COST.—Not later than February 1,

1986, the Secretary of Defense shall transmit to Congress a report setting forth the total program cost for the advanced technology bomber program. The Secretary shall include in the report the Secretary's evaluation of the reliability of the cost estimates for the program. (b) LIMITATION ON EXPENDITURE OF PROCUREMENT FUNDS.—No

funds appropriated pursuant to the authorizations of appropriations in this title may be obligated or expended for the advanced technology bomber program until the report required by subsection (a) is transmitted to Congress. SEC. 144. SPECIAL OPERATIONS FORCES HH-53 HELICOPTERS

Ante, p. 595.

(a) AIR FORCE AIRCRAFT FUNDS.—Of the amount authorized in section 103(a) for procurement of aircraft for the Air Force, $50,000,000 is available only for modification of HH-53 helicopters to the PAVE LOW mission configuration. (b) CERTIFICATION REQUIREMENT.—None of the amount described in subsection (a) may be obligated or expended until the Secretary of the Air Force certifies that sufficient funds have been budgeted in the fiscal year 1987 five-year defense plan to meet, at the earliest practicable date, and sustain the highest readiness level prescribed

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 605

for all PAVE LOW HH-53 helicopters in the Joint Chiefs of Staff Unit Status Report System. PART E—OTHER LIMITATIONS SEC 151. C-12 AIRCRAFT

None of the funds appropriated pursuant to authorizations in this title may be obligated or expended for procurement of C-12 aircraft unless such aircraft are procured through competitive procedures (as defined in section 2302(2) of title 10, United States Ckxle), which shall be restricted to turboprop aircraft. SEC 152. ADEQUATE AIRUFT FOR SPECIAL OPERATIONS FORCES

None of the funds appropriated pursuant to authorizations in this title may be obligated or expended for the procurement of MO130 aircraft or the modification of HH-53 or CH-47 helicopters until the Secretary of Defense— (1) submits, in consultation with the (!)hairman of the Joint Chiefs, to the Committees on Armed Services of the Senate and House of Representatives a plan for meeting the immediate airlift requirements of the Joint Special Operations Command and a second plan for meeting, by 1991, the airlift requirements of the Joint Special Operations Command and the special operations forces of unified commanders-in-chief; and (2) certifies that the plans required by paragraph (1) are funded in the Fiscal Year 1987 Five-Year Defense Plan.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION PART A—AUTHORIZATIONS OF APPROPRIATIONS AND PROGRAM LnaTATiONS SEC 201. AUTHORIZATION OF APPROPRIATIONS

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 1986 for the use of the Armed Forces for research, development, test, and evaluation in amounts as follows: (1) For the Army, $4,848,663,000. (2) For the Navy (including the Marine 0)rps), $10,106,401,000. (3) For the Air Force, $13,719,721,000. (4) For the Defense Agencies, $6,813,969,000 of which $93,500,000 is authorized for the activities of the Director of Test and Evaluation, Defense. (b) GENERAL AUTHORIZATION FOR (CIVILIAN PAY CONTINGENCIES.—

There are authorized to be appropriated for fiscal year 1986, in addition to the amounts authorized to be appropriated in subsection (a), such sums as may be necessary for unbudgeted amounts for 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).

98 Stat. 1186,

3087.

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 99 STAT. 606

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 202. REDUCTIONS IN AUTHORIZATIONS DUE TO SAVINGS FROM LOWER INFLATION AND PRIOR-YEAR COST SAVINGS

(a) CERTAIN FY86 AUTHORIZATION REDUCTIONS TO B E FROM COST SAVINGS.—Authorization reductions described in subsection (b)— (1) may not be derived through cancellation of any authorized program or any other change in an authorized program; but (2) may be derived only through cost reductions (including reductions due to the rate of inflation being lower than the rate assumed in the President's budget for fiscal year 1986) in programs of the Department of Defense under this title that are achieved without a reduction in the quantity or quality of goods or services acquired by the Department. (b) IDENTIFICATION OF AMOUNTS.—Subsection (a) applies to the

Ante, p. 605.

following amounts that represent reductions from amounts requested in the President's Budget for fiscal year 1986 and that have been incorporated into the amounts authorized in section 201: (1) For the Army, $4,000,000. (2) For the Navy (including the Marine Corps), $11,000,000. (3) For the Air Force, $14,000,000. SEC. 203. AUTHORIZATION OF TRANSFERS OF PRIOR-YEAR FUNDS

Ante, p. 605.

(a) AUTHORIZED TRANSFERS.—There are hereby authorized to be transferred to, and merged with, amounts appropriated for research, development, test, and evaluation for the Armed Forces pursuant to the authorizations of appropriations in section 201 the following amounts: (1) ARMY.—$85,000,000, to be derived from amounts appropriated for fiscal year 1985 for research, development, test, and evaluation for the Army. (2) NAVY.—$183,000,000, to be derived from amounts appropriated for fiscal year 1985 for research, development, test, and evaluation for the Navy (including the Marine Corps). (3) AIR FORCE.—$256,000,000, to be derived from amounts appropriated for fiscal year 1985 for research, development, test, and evaluation for the Air Force. (4) DEFENSE AGENCIES.—$47,000,000, to be derived from amounts appropriated for fiscal year 1985 for research, development, test, and evaluation for the Defense Agencies. (b) AUTHORIZATION OF TRANSFERS SUBJECT TO PROVISIONS OF APPROPRIATIONS ACTS.—Transfers authorized by subsection (a) may

be made only to the extent provided in appropriation Acts. (c) SOURCE OF TRANSFERRED FUNDS.—(1) All amounts transferred under this section shall be derived from funds that remain available for obligation. (2) Such funds— (A) may not be derived through cancellation of any program, stretchout of procurement under any program, or any other program change; but (B) may be derived only through cost reductions (including reductions due to rates of inflation being lower than rates assumed when such funds were budgeted) under programs for which such funds were authorized and appropriated that are achieved without a reduction in the quantity or quality of goods or services acquired by the Department of Defense. (d) REPORT ON REDUCTIONS AND TRANSFERS.—The Secretary of

Supra.

Defense may not implement a program change under a reduction described in section 202 or under a transfer under this section until

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 PUBLIC LAW 99-145—NOV. 8, 1985 the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report describing the programs in which such reductions will be made in accordance with section 202 and the programs that are the source of the funds transferred under this section.

99 STAT. 607

Ante, p. 606.

SEC. 204. LIMITATIONS ON FUNDS FOR THE ARMY

(a) IN GENERAL.—Of the amount authorized in section 201 for the Army— (1) $52,836,000 is available only for the Missile/Rocket Components program, of which— (A) $10,000,000 is available only for the development of the Fiber Optics Guided Missile; and (B) $10,000,000 is available only for development of the Hypervelocity Missile; (2) $23,583,000 is available only for the Stinger Missile program; (3) $18,898,000 is available only for the Ml El Tank Development program, of which $15,000,000 is available only for a fuelefficient modification for the AGT-1500 tank engine; (4) $20,000,000 is available only for the development, test integration, and evaluation of the Hellfire Missile for the Blackhawk helicopter; and (5) $42,000,000 is available only for the Software Initiative (STARS) program. (b) REPORT.—Not later than December 15, 1985, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report delineating a program plan for the fuel-efficient modification for the AGT-1500 transverse-mounted tank engine and for the Advanced Integrated Propulsion system. Such plan shall include the total system cost and system milestones for such programs.

Ante, p. 605.

SEC. 205. LIMITATIONS ON FUNDS FOR THE NAVY (INCLUDING THE MARINE CORPS)

(a) IN GENERAL.—Of the amount authorized in section 201 for the Navy (including the Marine Corps)— (1) $17,500,000 is available only for the Low-Cost Anti-Radiation Seeker program; (2) $4,464,000 is available only for the Advanced Mine Development program; (3) $5,900,000 is available only for the Naval Oceanography program; (4) $12,000,000 is available only for the Battlegroup Quick Reaction Surveillance System program; (5) $4,000,000 is available only for unique Wallops Island Test Range activity; (6) $10,000,000 is available only for the Skipper/Practice Bomb program; (7) $1,500,000 is available only for a classified sensor development program; and (8) $2,500,000 is available only to establish a second source for the competitive procurement of the Navy Five-Inch and Army 155-Millimeter Guided Projectile systems. (b) REPORT.—Not later than December 15, 1985, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report delineating a

Ante, p. 605.

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 99 STAT. 608

Ante, p. 605.

Contract.

Contract.

PUBLIC LAW 99-145—NOV. 8, 1985 program plan for the Low-Cost Anti-Radiation Seeker Program, Such plan shall include the total system cost and system milestones for such program. (c) SSN-21 COMBAT SYSTEM ADVANCED AND ENGINEERING PROGRAMS.—(1) Of the amount authorized in section 201 for the Navy, $200,000,000 is available only for the SSN-21 Combat System Advanced and Engineering program. None of such amount may be obligated or expended for the Submarine Advanced Combat System (SUBACS) program unless the Secretary of the Navy submits to the Committees on Armed Services of the Senate and House of Representatives written certification that— (A) the Secretary has initiated action to negotiate and sign prior to February 1, 1986, a modification to the full-scale engineering development contract which would provide for— (i) a cost ceiling for such development with no liability of the United States for cost growth above such ceiling; and (ii) penalties for late delivery of equipment and failure to meet performance criteria; (B) before completion of full-scale engineering development for the SUBACS Basic system under such program, such contractor will provide to the United States a complete technical data package— (i) at no additional cost to the Government; (ii) containing no manufacturing or proprietary data rights; and (iii) of such quality as to allow production of such system by a second source; (C) the Secretary has begun action to provide, to the maximum extent possible, competition for procurement of components for production of the SUBACS Basic system; and (D) the Secretary has begun action to establish competition in development and production of the follow-on systems to the SUBACS Basic system. (2) During the period of any negotiations for a contract modification referred to in paragraph (1)(A), the monthly rate of expenditure for the SUBACS program may not exceed the rate of expenditure for such program. (3) The Secretary shall also provide, within the amount of funds provided for the SSN-21 Combat System Advanced Engineering Program, that one or more firms that are potential competitors for the attack submarine combat system for fiscal year 1989 be established as associate contractors for the SUBACS Basic program with full access to all SUBACS development information. (4) If the Secretary determines that it is not possible to make a certification under paragraph (1), the Secretary may obligate and expend funds necessary to develop an advanced combat system (other than SUBACS) for the SSN-21 submarine and other applicable platforms. (d) ROLLING AIRFRAME MissiLE PROGRAM.—Funds appropriated for fiscal year 1986 for research, development, test, and evaluation for the Navy may not be obligated for the Rolling Airframe Missile program or the NATO Sea Sparrow program unless the Secretary of the Navy certifies to the Committees on Armed Services of the Senate and House of Representatives that— (1) the Secretary has entered into a firm fixed-price production contract for the Rolling Airframe Missile program;

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99 STAT. 609

(2) such contract includes options of the United States for procurement under such program for fiscal years after fiscal year 1986 with maximum prices established for such options; and (3) the contractor for such contract has provided a complete data package to the Navy— (A) at no additional cost to the United States; and (B) containing no manufacturing or proprietary data rights of the contractor. (e) ACQUISITION OF ANTI-SUBMARINE WARFARE TRAINING SYS-

TEMS.—The Secretary of the Navy shall initiate a competitive procurement of three service test models of the LAMPS Mark I antisubmarine warfare shipboard training system for the Naval Reserve during fiscal year 1986. Of the funds appropriated pursuant to the authorizations of appropriations in section 201(a)(2), $6,800,000 may not be obhgated before such test models are procured. SEC. 206. LIMITATIONS ON FUNDS FOR THE AIR FORCE

Of the amount authorized in section 201 for the Air Force— (1) $60,000,000 is available only for research, development, test, and evaluation for the Integrated Electronic Warfare system (INEWS) and the Integrated Communication, Navigation, Identification Avionics (ICNIA) system; (2) $22,000,000 is available only for the research, development, test, and evaluation to modify the F-4 aircraft to satisfy the Air Force air defense mission; (3) $19,570,000 is available only for a classified reconnaissance system; (4) $211,276,000 is available only for the Very High Speed Inte^ated Circuits (VHSIC) prc^ram; (5) $15,000,000 is available only for the Pave Tiger system; and (6) $11,742,000 is available only for the Software Engineering Institute.

Ante, p. 605.

,:,ir \

SEC. 207. LIMITATIONS ON FUNDS FOR THE DEFENSE AGENCIES

(a) IN GENERAL.—Of the amount authorized in section 201 for the Defense Asrencies (1) $300,000,000 is available only for the Joint Advanced Systems program; (2) $81,250,000 is available only for the University Research Initiative prc^ram, of which $1,000,000 is available only for computer and related research at Sjn-acuse University, Syracuse, New York; (3) $1,000,000 is available for use by the Defense Logistics Agen(^ to conduct a demonstration of advanced clothing manufacturing technology and to procure and field test military clothing produced using advanced manufacturing techniques; (4) $500,000 is available only for use by the Defense Logistics Agency for the Military Sewn Products Automation P r t ^ a m (MILSPA); and (5) $142,000,000 is available only for the Strategic Computing Initiative. Ob) LIMITATION OF FUNDS FOR THE JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM ( J T I D S).—Of the amount authorized in sec-

tion 201 for the Defense Agencies, $200,000,000 is available only for research and development of a common Joint Tactical Information Distribution System (JTIDS) program. None of such amount may be

Ante, p. 605.

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 99 STAT. 610

Report.

10 USC 139 note. Prohibitions.

PUBLIC LAW 99-145—NOV. 8, 1985 obligated or expended until the Secretary of Defense selects a single JTIDS program to meet the operational requirements of both the Navy and the Air Force. If the Secretary of Defense determines that such a selection is not feasible or is not practicable, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report in writing setting forth the specific reasons for not proceeding with a common JTIDS program. The Secretary may not obligate or expend funds for the development or procurement of separate JTIDS programs for the Navy and Air Force until seven days of continuous session of Congress have expired following the date on which such report was submitted. For purposes of the preceding sentence, continuity of a session of Congress is determined as provided in section 7307(b)(2) of title 10, United States Code. SEC. 208. TESTING OF ANTISATELLITE WEAPONS AND SPACE SURVIVABILITY PROGRAM (a) REQUIREMENT REGARDING THE USE OF FUNDS.—None of the

funds appropriated pursuant to an authorization 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 has made a determination and a certification to the Congress as provided in section 8100 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98-473 (98 Stat. 1941)). (b) LIMITATION ON NUMBER OF TESTS.—Not more than three tests described in subsection (a) may be conducted before October 1, 1986. (c) FUNDING FOR AIR FORCE SPACE SURVIVABILITY PROGRAM.—Of

Ante, p. 605.

the amount authorized to be appropriated for the Air Force in section 201, $15,000,000 is available only for the satellite survivability project of the Air Force Space Survivability Program. SEC. 209. SMALL INTERCONTINENTAL BALLISTIC MISSILE PROGRAM

Ante, p. 605.

(a) AMOUNT AUTHORIZED FOR FY86.—Of the amount authorized in section 201 for the Air Force, $724,500,000 is available only for research, development, test, and evaluation carried out with respect to the small mobile intercontinental ballistic missile within the intercontinental ballistic missile modernization program. (b) MAINTENANCE OF PRIORITY FOR SMALL MOBILE I C B M PRO-

GRAM.—The Secretary of Defense shall continue to carry out the program to develop a small mobile intercontinental ballistic missile, and to provide for the allocation of defense industrial resources for that program, in accordance with the priority for that program (known as "Brick-Bat") in effect on June 1, 1985, under the system provided by existing laws and regulations for determining relative program precedence for Eissignment of production resources. Report.

(c) PROCEDURES REQUIRED BEFORE DECISIONS ON FULL-SCALE DEVELOPMENT AND BASING SITE SELECTION FOR SMALL ICBM.—(1)

Before any decision may be made by the President or the Secretary of Defense with regard to the full-scale development of a small intercontinental ballistic missile or the selection of basing areas for the deployment of such missile, the Secretary of the Air Force shall prepare and submit to the appropriate committees of Congress a legislative environmental impact statement with respect to such development and such selection. In making any such decision, the President and the Secretary of Defense shall take into consideration the findings and conclusions contained in any such report.

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(2) The legislative environmental impact statement required by paragraph (1) shall be prepared in accordance with the requirements applicable to such statements prepared under section 1506.8 of title 40 of the Code of Federal Regulations (as in effect on May 16, 1985). (3) A legislative environmental impact statement prepared and submitted to the appropriate committees pursuant to paragraph (1) shall be deemed to meet all the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to all aspects of the full-scale development of a small intercontinental ballistic missile and the selection of basing areas for the deployment of such missile. (4) Preparation of a legislative environmental impact statement pursuant to paragraph (1) shall not relieve the Secretary of Defense from any obligation for the subsequent preparation of administrative environmental impact statements with respect to the environmental impact on specifically selected sites within the chosen areas for the deployment and peacetime operation of small intercontinental ballistic missiles. SEC. 210. ADVANCED MEDIUM-RANGE AIR-TO-AIR MISSILE (AMRAAM) SYSTEM

(a) LIMITATION ON FUNDING.—(1) Of the amount authorized in section 201 for the Air Force, $101,382,000 is available for the Advanced Medium-Range Air-to-Air Missile (AMRAAM) program. (2) Of the amount appropriated pursuant to the authorization in section 201 for the Air Force, $54,382,000 may not be obligated or expended until the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives a certification as described in subsection (b). (b) CERTIFICATION.—A certification under subsection (a) shall be in writing and shall include confirmation by the Secretary of the following: (1) That (A) the design of the AMRAAM system has been completed, (B) system performance has not been degraded from the original development specification (DS 32050-000, as amended by the draft Development Concept Paper (DCP) of June 14, 1985), and (C) the flight test program has been revised to incorporate the maximum practicable number of selected changes in the design of the AMRAAM system that reduce the costs of the system and that are qualified and flight tested before production. (2) That a fixed-price type contract for an amount not more than $556,580,480 has been entered into with the development contractor for research, development, test, and evaluation for such program. (3) That the total production cost for the program, for a minimum of 17,000 missiles, will not exceed $5,200,000,000 (in fiscal year 1984 dollars) and that the missiles procured will perform in accordance with the development specification referred to in paragraph (1). (c) NoNCERTiFiCATiON.—If the Secretary of Defense cannot make a certification under subsection (a) by March 1, 1986, the AMRAAM program shall be terminated as of that date with no subsequent Government liability.

Ante, p. 605.

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 99 STAT. 612

PUBLIC LAW 99-145—NOV 8, 1985 SEC. 211. HIGH-SPEED ANTI-RADIATION MISSILE (HARM) PROGRAM

Report.

Ante, p. 605.

Report.

Ante, p. 605.

(a) LIMITATION ON NAVY FUNDING.—Of the amount appropriated

pursuant to the authorization in section 201 for the Navy (including the Marine Corps), $100,000,000 may not be obligated or expended until the Secretary of the Navy submits to Congress a certification as described in subsection (c) or a report as described in subsection (d). (b) LIMITATION ON A I R FORCE FUNDING.—Of the amount appro-

priated pursuant to the authorization in section 201 for the Air Force, $50,000,000 may not be obligated or expended until the Secretary of the Air Force submits to Congress a certification as described in subsection (c) or a report as described in subsection (d). (c) CERTIFICATION.—A certification under subsection (a) or (b) shall be in writing and shall include a certification by the Secretary concerned of the following: (1) That the test and evaluation of the High-Speed AntiRadiation Missile (HARM) shows conclusively that the missile system meets all performance specifications and objectives delineated in the HARM weapon system specification—AS 3400 Revision A, dated August 6, 1982. (2) That a current production missile has been disassembled and that there is complete correlation with such missile and the current technical-data package (including the engineering drawings and software) and that HARM production missiles are being constructed to these drawings. (3) That the HARM missile system is capable of engaging the intended threat as approved by the Director of Central Intelligence. (4) That the program to develop the HARM low-cost seeker is structured to meet an intended Initial Operational Capability (IOC) date during 1991. (d) REPORT ON DEFICIENCIES.—(1) If the Secretary of the Navy cannot make a certification under subsection (c) because of deficiencies in the HARM system, then the Secretary may obligate and expend funds without regard to the limitation in subsection (a) after submitting to Congress a written report described in paragraph (3). (2) If the Secretary of the Air Force cannot make a certification under subsection (c) because of deficiencies in the HARM system, then the Secretary may obligate and expend funds without regard to the limitation in subsection (b) after submitting to Congress a written report described in paragraph (3). (3) A report under paragraph (1) or (2) shall include— (A) a detailed list of the deficiencies in the HARM system; and (B) a plan to correct such deficiencies, including milestones and required levels of funding, and a request to Congress to reprogram funds for the purpose of correcting such deficiencies. (e) PROHIBITION ON EXPENDITURES TO CORRECT SPECIFIED DEFI-

CIENCIES.—The Secretary of the Navy and the Secretary of the Air Force may not obligate or expend any funds to correct deficiencies in the HARM system in order to meet the weapons system performance specifications described in subsection (c)(D.

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99 STAT. 613

PART B—STRATEGIC DEFENSE INITIATIVE SEC. 221. FUNDING FOR FISCAL YEAR 1986

Of the amount authorized in section 201 for the Defense Agencies, $2,750,000,000 is available for the Strategic Defense Initiative, of which $12,500,000 is available only for the medical application of free-electron lasers and associated material and physical science research.

Ante, p. 605.

SEC. 222. REQUIREMENT FOR SPECIFIC AUTHORIZATION FOR DEPLOYMENT OF STRATEGIC DEFENSE INITIATIVE SYSTEM

10 USC 139 note.

A strategic defense system developed as a consequence of research, development, test, and evaluation conducted on the Strategic Defense Initiative program may not be deployed in whole or in part unless— (1) the President determines and certifies to Congress in writing that— (A) the system is survivable (that is, the system is able to maintain a sufficient degree of effectiveness to fulfill its mission, even in the face of determined attacks against it); and (B) the system is cost effective at the margin to the extent that the system is able to maintain its effectiveness against the offense at less cost than it would take to develop offensive countermeasures and proliferate the ballistic missiles necessary to overcome it; and (2) funding for the deployment of such system has been specifically authorized by legislation enacted after the date on which the President makes the certification to Congress. SEC 223. REPORTS ON STRATEGIC DEFENSE INITIATIVE (a) REPORT ON POTENTIAL RESPONSES TO S D I AND ON R D T & E

COSTS.—(1) The Secretary of Defense shall submit to Congress a report as to— (A) what probable responses can be expected from potential enemies should the Strategic Defense Initiative programs be carried out to procurement and deployment, such as what increase may be anticipated in offensive enemy weapons in an enemy's attempt to penetrate the defensive shield by increasing the numbers or qualities of its offensive weapons; (B) what can be expected from potential enemies in the deployment of weapons not endangered by the Strategic Defense Initiative, such as cruise missiles and low trajectory submarine missiles; (C) the degree of the dependency of success for the Strategic Defense Initiative upon a potential enemy's anti-satellite weapons capability; and (D) the cost estimates for the research, development, test, and evaluation for the proposed Strategic Defense Initiative. (2) The report required by paragraph (1) shall be submitted to Congress with the request of the Secretary of Defense for appropriations for the Strategic Defense Initiative for fiscal year 1987. Ob) REPORT ON PROCUREMENT AND DEPLOYMENT COSTS.—The Secretary of Defense shall submit to Congress a report on the cost estimates for procurement and deployment of Strategic Defense Initiative programs. The report shall be submitted as soon as pos-

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PUBLIC LAW 99-145—NOV. 8, 1985

sible, but not later than submission of the budget request of the Department of Defense for fiscal year 1989. SEC. 224. CONGRESSIONAL POLICY REGARDING CONSULTATION WITH OTHER MEMBERS OF NATO ON THE STRATEGIC DEFENSE INITIATIVE (a) CoMMENDATiON OF PRESIDENT'S AcTiON.—The Congress commends the President's attempts to initiate cooperation between the United States and other member nations of the North Atlantic Treaty Organization (NATO) on the Strategic Defense Initiative. (b) CJONSULTATION AND COOPERATION WiTH OTHER NATO NATIONS.—It is the sense of Congress— (1) that the mutual defense of NATO member nations is strengthened when there is a high degree of consultation and cooperation among member nations; and President of U.S. (2) that the President should continue consultations with other member nations of NATO on the Strategic Defense Initiative program and, to the maximum extent feasible and within national security guidelines, keep such member nations informed of the progress, plans, and potential proposals of the United States regarding such p n ^ a m.

23 UST 3435.

SEC. 225. CONGRESSIONAL EXPRESSION ON THE STRATEGIC DEFENSE INITIATIVE AND THE ABM TREATY (a) FINDINGS REGARDING ABM TREATY.—The Congress f i n d s CD that the President's Commission on Strategic Forces declared in its report to the President, dated March 21, 1984, that "One of the most successful arms control agreements is the Anti-Ballistic Missile Treaty of 1972"; and (2) that the Secretary of State has stated that the "ABM Treaty requires consultations, and the President has explicitly recc^nized that any ABM-related deployments arising from research into ballistic missile defenses would be a matter for consultations and negotiation between the Parties". (b) SENSE OF CONGRESS REGARDING S D I AND THE ABM TREATY.—It

Union of Soviet Socialist Republics.

23 UST 3435.

is the sense of Congress— (1) that it fuUy supports the declared policy of the President that a principal objective of the United States in negotiations with the Soviet Union on nuclear and space arms is to reverse the erosion of the Anti-Ballistic Missile Treaty of 1972; (2) that action by the Congress in approving funds for research on the Strategic Defense Initiative— (A) does not express or imply an intention on the part of the Congress that the United States should abrogate, violate, or otherwise erode such treaty; and (B) does not express or imply any determination or commitment on the part of the Congress that the United States develop, test, or deploy ballistic missile strategic defense weaponry that would contravene such treaty; and (3) that funds appropriated for the S t r a t ^ c Defense Initiative prc^ram should not be used in a manner inconsistent with any of the treaties commonly known as the Limited Test Ban Treaty, the Threshold Test Ban Treaty, the Outer Space Treaty, or the AntiBallistic Missile Treaty of 1972.

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 615

SEC. 226. REPORT ON STRATEGIC AND THEATER BALLISTIC MISSILE DEFENSES

(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall conduct a study to examine the feasibility and military value of the early application of defenses against ballistic missile attack from the standpoint of— (1) defending high value United States and allied capabilities abroad; and (2) defending United States strategic deterrent capabilities. (b) MATTERS TO B E INCLUDED IN STUDY.—The study shall specifically address— (1) the contribution such defenses could make to deterrence stability; (2) the adequacy in this regard of existing programs, including in particular the Strategic Defense Initiative; and (3) the adequacy of the Army's Anti-Tactical Missile (ATM) program for allied defense. (c) REPORT ON STUDY.—The Secretary of Defense shall submit to Congress a report containing the results of such study not later than February 15, 1986.

TITLE III—OPERATION AND MAINTENANCE SEC. 301. AUTHORIZATION OF APPROPRIATIONS

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 1986 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance in amounts as follows: For the Army, $19,177,351,000. For the Navy, $24,608,847,000. For the Marine Corps, $1,626,700,000. For the Air Force, $20,096,089,000. For the Defense Agencies, $7,553,333,000. For the Army Reserve, $780,100,000. For the Naval Reserve, $900,590,000. For the Marine Corps Reserve, $57,170,000. For the Air Force Reserve, $902,144,000. For the Army National Guard, $1,625,780,000. For the Air National Guard, $1,806,162,000. For the National Board for the Promotion of Rifle Practice, $920 000 For Defense Claims, $143,300,000. For the Court of Military Appeals, $3,200,000. (b) GENERAL AUTHORIZATION FOR CONTINGENCIES.—There are

au-

thorized to be appropriated for fiscal year 1986, in addition to the amounts authorized to be appropriated in subsection (a), such sums as may be necessary— (1) for unbudgeted increases in fuel costs; (2) for unbudgeted increases as a result of inflation in the cost of activities authorized by subsection (a); and (3) for unbudgeted amounts for 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).

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 99 STAT. 616

PUBLIC LAW 99-145—NOV. 8, 1985 (c) ADDITIONAL AUTHORIZATION FOR ARMY NATIONAL GUARD.—In

addition to the amounts authorized to be appropriated in subsection (a), there are authorized to be appropriated such sums as may be necessary for the Army National Guard for— (1) armory operating costs; (2) modification or repair of work space for full-time National Guard personnel; and (3) partial Federal funding for major repair and renovation of National Guard facilities. (d) TRANSFER OF FUNDS.—Funds are hereby authorized to be transferred, to the extent provided in appropriation Acts, from the Foreign Currency Fluctuations, Defense fund to the operation and maintenance accounts of the military departments in amounts as follows: For the Army, $156,000,000. For the Navy, $156,000,000. For the Air Force, $156,000,000. SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR WORKING-CAPITAL FUNDS

Funds are hereby authorized to be appropriated for fiscal year 1986 to provide capital for working-capital funds of the Department of Defense in amounts as follows: For the Army Stock Fund, $393,000,000. For the Navy Stock Fund, $638,500,000. For the Marine Corps Stock Fund, $37,700,000. For the Air Force Stock Fund, $415,900,000. For the Defense Stock Fund, $174,500,000. SEC. 303. LIMITATION ON THE USE OF O&M FUNDS TO PURCHASE INVESTMENT ITEMS

Ante, p. 615.

Funds appropriated for fiscal year 1986 for operation and maintenance of the Department of Defense pursuant to the authorizations of appropriations in section 301 may not be used to purchase any item with a unit cost of $5,000 or more if purchases of such item during fiscal year 1985 were chargeable to appropriations made to the Department of Defense for procurement. SEC. 304. ASSISTANCE FOR THE TENTH INTERNATIONAL PAN AMERICAN GAMES (a) AUTHORITY TO PROVIDE SUPPORT SERVICES.—The Secretary of

Defense may— (1) provide logistical support and personnel services to the Tenth Pan Am Games; (2) lend and provide equipment in support of the Tenth Pan Am Games; and (3) provide such other services in support of the Tenth Pan Am Games as the Secretary considers advisable. (b) AUTHORIZATION OF APPROPRIATIONS; LIMITATION.—(1) There is authorized to be appropriated to the Secretary of Defense for fiscal year 1986 an amount not to exceed $10,000,000 for the purpose of carrying out subsection (a). (2) Except as provided in paragraph (3), funds may not be obligated for the purpose of carrying out subsection (a) unless specifically appropriated for such purpose. (3) Paragraph (2) does not apply to funds used for pay and nontravel-related allowances for members of the Armed Forces (other

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than pay and allowances of members of the reserve components called or ordered to active duty to provide support for the Tenth Pan Am Games). (4) The costs for pay and non-travel-related allowances of members of the Armed Forces (other than members of the reserve components called or ordered to active duty to provide support for the Tenth Pan Am Games) may not be charged to appropriations made pursuant to the authorization in paragraph (1). (c) DEFiNiTfON.—For the purposes of this section, the term "Tenth Pan Am Games" means the Tenth International Pan American Games, to be held at Indianapolis, Indiana, during the period beginning on August 7, 1987, and ending on August 23, 1987. SEC. 305. AUTHORIZATION OF APPROPRIATIONS FOR TRANSPORTATION OF HUMANITARIAN RELIEF SUPPLIES TO AFGHAN REFUGEES

(a) AUTHORIZATION OF FUNDS.—There is hereby authorized to be appropriated to the Department of Defense for fiscal year 1986 the sum of $10,000,000 for the purpose of providing transportation for humanitarian relief for persons displaced or who are refugees because of the invasion of Afghanistan by the Soviet Union. (b) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF

STATE.—Transportation provided with funds appropriated pursuant to the authorization in this section shall be under the direction of the Secretary of State. (c) MEANS OF TRANSPORTATION TO B E USED.—Transportation for

humanitarian relief provided with funds appropriated pursuant to the authorization in this section shall be by the most economical commercial or military means available, unless the Secretary of State determines that it is in the national interest of the United States to use means other than the most economical available. Such means may include the use of aircraft and personnel of the reserve components of the Armed Forces. SEC. 306. EXTENSION AND EXPANSION OF AUTHORITY OF THE SECRETARY OF DEFENSE TO TRANSPORT HUMANITARIAN RELIEF SUPPLIES TO CERTAIN COUNTRIES

(a) Sectic^n 1540(a) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2637), is amended— (1) by striking out "fiscal year 1985" and inserting in lieu thereof "fiscal years 1985 and 1986"; and (2) by striking out "Central America" and inserting in lieu thereof "any area of the world". (b) The heading of section 1540 of such Act is amended to read as follows: "AUTHORIZATION FOR SECRETARY OF DEFENSE TO TRANSPORT HUMANITARIAN REUEF SUPPLIES TO FOREIGN COUNTRIES". SEC. 307. LIMITATIONS CONCERNING AIR NATIONAL GUARD AND AIR FORCE RESERVE FLYING UNITS

Funds appropriated to or for the use of the Secretary of the Air Force may not be used to deactivate or divest of its flying mission any flying unit of the Air National Guard or the Air Force Reserve until— (1) the Secretary has notified in writing the Committees on Armed Services of the Senate and House of Representatives of the Secretary's intent to expend funds for such purpose; and

t H:

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 99 STAT. 618

PUBLIC LAW 99-145—NOV. 8, 1985 (2) 60 days have elapsed following receipt of that notification.

10 USC 133 note.

SEC. 308. COMMISSARY AND EXCHANGE PRIVILEGES FOR SURVIVORS OF CERTAIN RESERVISTS

(a) BENEFITS FOR CERTAIN DEPENDENTS.—The Secretary of Defense shall prescribe regulations to allow dependents of members of the uniformed services described in subsection (b) to use commissary and exchange stores on the same basis as dependents of members of the uniformed services who die while on active duty for a period of more than 30 days. (b) COVERED DEPENDENTS.—A dependent referred to in subsection (a) is a dependent of a member of a uniformed service who died— (1) while on active duty, active duty for training, or inactive duty training (regardless of the period of such duty); or (B) while traveling to or from the place at which the member is to perform, or has performed, active duty, active duty for training, or inactive duty training (regardless of the period of such duty). (c) DEFINITION.—For the purposes of this section, the term "uniformed services" has the meaning given such term in section 101 of title 37, United States Code.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS PART A—ACTIVE FORCES SEC. 401. AUTHORIZATION OF END STRENGTHS

The Armed Forces are authorized strengths for active-duty personnel as of September 30, 1986, as follows: (1) The Army, 780,800. (2) The Navy, 581,300. (3) The Marine Corps, 198,800. (4) The Air Force, 606,470. SEC. 402. EXTENSION OF QUALITY CONTROL ON ENLISTMENTS INTO THE ARMY

98 Stat. 2516.

Effective on October 1, 1985, section 302(a) of the Department of Defense Authorization Act, 1981 (10 U.S.C. 520 note), is amended by striking out "October 1, 1984" and "September 30, 1985" and inserting in lieu thereof "October 1, 1985'^ and "September 30, 1986", respectively. PART B—RESERVE FORCES

10 USC 261 note.

SEC. 411. AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE

(a) IN GENERAL.—For fiscal year 1986, the Selected Reserve of the reserve components of the Armed Forces shall be programmed to attain average strengths of not less than the following: (1) The Army National Guard of the United States, 440,025. (2) The Army Reserve, 290,639. (3) The Naval Reserve, 134,212. (4) The Marine Corps Reserve, 41,900. (5) The Air National Guard of the United States, 108,700. (6) The Air Force Reserve, 75,600. (7) The Coast Guard Reserve, 12,500.

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99 STAT. 619

O> ADJUSTMENTS.—The average strengths prescribed by subsect) tion (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. SEC. 412. AUTHORIZATION OF END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS

(a) IN GENERAL.—Within the average strengths prescribed in section 411, the reserve components of the Armed Forces are authorized, as of September 30, 1986, the following number of Reserves to be serving on full-time active duty or, in the case of members of the National Guard, on 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 of the United States, 23,731. (2) The Army Reserve, 12,157. (3) The Naval Reserve, 19,010. (4) The Marine Corps Reserve, 1,475. (5) The Air National Guard of the United States, 7,269. (6) The Air Force Reserve, 635. (b) AUTHORITY TO INCREASE END-STRENGTH LIMIT.—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.

Ante, p. 618.

SEC. 413. INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS (a) SENIOR ENLISTED MEMBERS.—The table in section 517(b) of title 10, United States Code, is amended to read as follows: 98 Stat. 2517. "Grade

Army

E-9 E-8

517 2,295

Navy 165 381

Air Force 80 358

Marine Corps 9 74".

(b) OFFICERS.—The table in section 524(a) of such title is amended to read as follows:

51-194 O - 88 - 21: QL. 3

Part 1

98 Stat. 2518. 10 USC 524.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/642

 99 STAT. 620

PUBLIC LAW 99-145—NOV. 8, 1985 "Grade

Army

Major or Lieutenant Commander Lieutenant Colonel or Commander Colonel or Navy Captain

10 USC 517 note.

2,317 1,152 348

Navy 850 520 177

Air Force

Marine Corps

476 318 189

100 60 25"

(c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect on October 1, 1985. PART C—MILITARY TRAINING SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS

(a) IN GENERAL.—For fiscal year 1986, the components of the Armed Forces are authorized average military training student loads as follows: (1) The Army, 79,686. (2) The Navy, 71,018. (3) The Marine Corps, 20,766. (4) The Air Force, 43,389. (5) The Army National Guard of the United States, 18,886. (6) The Army Reserve, 16,985. (7) The Naval Reserve, 3,355. (8) The Marine Corps Reserve, 3,790. (9) The Air National Guard of the United States, 2,751. (10) The Air Force Reserve, 2,118. (h) ADJUSTMENTS.—The average military student loads for the Army, the Navy, the Marine Corps, and the Air Force and the reserve components authorized in subsection (a) for fiscal year 1986 shall be adjusted consistent with the personnel strengths authorized in parts A and B. 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.

TITLE V—DEFENSE PERSONNEL POLICY PART A—CIVILIAN PERSONNEL SEC. 501. WAIVER OF CIVILIAN PERSONNEL CEILINGS FOR FISCAL YEAR 1986

The provisions of section 138(c)(2) of title 10, United States Code, shall not apply with respect to fiscal year 1986 or with respect to the appropriation of funds for that year. SEC. 502. PROHIBITION ON MANAGING CIVILIAN PERSONNEL BY ENDSTRENGTHS DURING FISCAL YEAR 1986

(a) PROHIBITION.—During fiscal year 1986, the civilian personnel of the Department of Defense may not be managed on the basis of any end-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. (b) FY86 REPORTS.—Not later than February 1, 1986, the Secretary of Defense and the Director of the Office of Management and Budget

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text: Author talk:Charles Klein

title: Author talk:Charles Klein


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/643

 PUBLIC LAW 99-145—NOV. 8, 1985 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 years 1985 and 1986 (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 those fiscal years 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. (c) QUARTERLY REPORTS.—(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives quarterly reports on the obligation of funds appropriated for civilian personnel of the Department of Defense for fiscal year 1986. Each report shall include— (A) for each appropriation account, the amounts authorized and appropriated for such personnel for fiscal year 1986; (B) for each appropriation account and for the entire Department— (i) the actual number of such personnel employed, and the amount of funds obligated for such personnel, as of the end of the fiscal year quarter described in the report; and (ii) the projected number of such personnel to be employed, and the amount of funds that will be obligated for such personnel, as of the end of fiscal year 1986. (2) Each report required by paragraph (1) shall be submitted as soon as possible after the end of the fiscal year quarter described in the report. SEC. 503. EXERCISE OF CERTAIN AUTHORITIES RELATING TO CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE

(a) FINDINGS.—The Congress findsCD that in National Security Decision Directive 84, issued by the President on March 11, 1983, the President directed the Attorney General to establish, after consultation with the Director of the Office of Personnel Management, an interdepartmental group to— (A) study security procedures in effect with respect to Federal employees; and (B) recommend appropriate revisions in Executive orders, regulations, and guidelines pertaining to such procedures; and (2) that on May 1, 1984, the interdepartmental group referred to in clause (1) requested, in a memorandum to the Assistant to the President for National Security Affairs, that guidance be furnished to the group on matters relating to the study referred to in paragraph (I)(A). (b) DIRECTION TO FURNISH GUIDANCE.—Before the end of the 60-

day period beginning on the date of the enactment of this Act, the President shall transmit to the interdepartmental group referred to in subsection (a) the guidance requested in the memorandum referred to in subsection (a)(2). (c) REPORT REQUIREMENT.—Before the end of the 90-day period beginning on the date that the President transmits the guidance pursuant to subsection (b), the interdepartmental group shall transmit to Congress a report on its findings and recommendations.

99 STAT. 621

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Page:United States Statutes at Large Volume 99 Part 1.djvu/644

 99 STAT. 622

Government organization and employees.

PUBLIC LAW 99-145—NOV. 8, 1985 (d) AUTHORITY OF THE SECRETARY OF DEFENSE.—Subject to subsection (e), the Secretary of Defense shall exercise the following authorities with respect to civilian employees of the Department of Defense: (1) Authorities assigned to the Director of the Office of Personnel Management under section 5.2(a) of Executive Order Number 10577 (5 U.S.C. 3301 note), relating to investigation of the suitability of applicants. (2) Authorities assigned to the Office of Personnel Management Under Executive Order Number 10450 (5 U.S.C. 7311 note), relating to security requirements for Federal employees. (e) AUTHORITY OF THE PRESIDENT.—(1) Subsection (d) shall not take effect if the President directs, on or before the date of the transmittal to Congress of the report described in subsection (c), that the authorities referred to in subsection (d) shall not be exercised by the Secretary of Defense. (2) The authority of the President under paragraph (1) may not be delegated. SEC. 504. MODIFICATION AND STUDY OF DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL CLASSIFICATION AND PAY SYSTEMS

5 USC 5301 et ««9 10 USC 9314.

(a) CiviuAN FACULTY MEMBERS OF AIR FORCE INSTITUTE OF TECHNOLOGY.—(1) Section 9314 of title 10, United States Code, is amended— (A) by inserting "(a)" before "When"; and (B) by adding at the end thereof the following new subsection: "(b)(l) The Secretary of the Air Force may employ as many civilian faculty members at the United States Air Force Institute of Technology as is consistent with the needs of the Air Force and with Department of Defense personnel limits. "(2) The Secretary shall prescribe regulations determining— "(A) titles and duties of civilian members of the faculty; and "(B) rates of basic pay of civilian members of the faculty, notwithstanding chapter 53 of title 5, but subject to the limitation set out in section 5308 of title 5.". (2)(A) The heading of such section is amended by striking out the colon and the last word. (B) The item relating to such section in the table of sections at the beginning of chapter 901 of such title is amended by striking out the colon and the last word. (b) EXCLUSION FROM CIVIL SERVICE CLASSIFICATION SYSTEM.—Sec-

tion 5102(c) of title 5, United States Code, is amended— (1) by striking out "or" at the end of clause (26); (2) by striking out the period at the end of clause (27) and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new clause: "(28) civilian members of the faculty of the Air Force Institute Supra. of Technology whose pay is fixed under section 9314 of title 10.". 5 USC 5102 note. (c) TRANSITION.—Section 9314(b)(2) of title 10, United States C!ode (as added by subsection (a)(l)(B)), and section 5102(c)(28) of title 5, United States Code (as added by subsection (b)), shall not apply to any person who on the date of the enactment of this Act— (1) is a civilian member of the faculty of the United States Air Force Institute of Technology; 5 USC 5332. (2) is paid a rate of basic pay under the General Schedule; and (3) elects, under procedures prescribed by the Secretary of the Air Force, to continue to be paid under the General Schedule.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/645

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 623

(d) REPORT.—Not later than December 31, 1985, the Secretary of Defense shall submit to Congress an evaluation of the effects of the pay and classification systems applicable to civilian employees of the Department of Defense on recruitment and retention of scientists, engineers, technicians, and other highly skilled personnel in scientific and engineering organizations in the Department. PART B—ACTIVE MILITARY PERSONNEL SEC. 511. ADJUSTMENT IN MARINE CORPS OFFICER GRADE TABLE (a) INCREASE IN AUTHORIZED NUMBER OF MARINE CORPS MAJORS.—

The table in section 523(a)(l) of title 10, United States Code, is amended by striking out "2,717", "2,936", "3,154", "3,373", and "3,591" in the items relating to the Marine Corps under the column headed "Major" and inserting in lieu thereof "2,766", "3,085", "3,404", "3,723", and "4,042", respectively. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on October 1, 1985.

lo use 523 note.

SEC. 512. SERVICE AGREEMENTS OF CADETS AND MIDSHIPMEN

(a) MILITARY ACADEMY.—Section 4348 of title 10, United States Code, relating to agreements of cadets at the United States Military Academy, is amended to read as follows: "§ 4348. Cadets: agreement to serve as officer "(a) Each cadet shall sign an agreement with respect to the cadet's length of service in the armed forces. The agreement shall provide that the cadet agrees to the following: "(1) That the cadet will complete the course of instruction at the Academy. "(2) That upon graduation from the Academy the cadet— "(A) will accept an appointment, if tendered, as a commissioned officer of the Regular Army or the Regular Air Force; and "(B) will serve on active duty for at least five years immediately after such appointment. "(3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before completion of the commissioned service obligation of the cadet, the cadet— "(A) will accept an appointment as a commissioned officer as a Resen'e for service in the Army Reserve or the Air Force Reserve; and "(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet. "(b)(1) The Secretary of the Army may transfer to the Army Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title. "(2) A cadet who is transferred to the Army Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary. "(3) For the purposes of pargigraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Academy under circumstances which the Sec-

98 Stat. 2529.

10 USC 651.

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text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/646

 99 STAT. 624

Regulations.

10 USC 6959.

PUBLIC LAW 99-145—NOV. 8, 1985 retary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Academy and accept an appointment as a commissioned officer upon graduation from the Academy. "(c) The Secretary of the Army shall prescribe regulations to carry out this section. Those regulations shall include— "(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); "(2) procedures for determining whether such a breach has occurred; and "(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b). "(d) In this section, 'commissioned service obligation', with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anniversary of such appointment. "(e)(l) This section does not apply to a cadet who is not a citizen or national of the United States. "(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of a parent or guardian.". (b) NAVAL ACADEMY.—Section 6959 of such title, relating to agreements of midshipmen at the United States Naval Academy, is amended to read as follows: "(a) Each midshipman shall sign an agreement with respect to the midshipman's length of service in the armed forces. The agreement shall provide that the midshipman agrees to the following: "(1) That the midshipman will complete the course of instruction at the Naval Academy. "(2) That upon graduation from the Naval Academy the midshipman— "(A) will accept an appointment, if tendered, as a commissioned officer of the Regular Navy, the Regular Marine Corps, or the Regular Air Force; and "(B) will serve on active duty for at least five years immediately after such appointment. "(3) That if an appointment described in paragraph (2) is not tendered or if the midshipman is permitted to resign as a regular officer before completion of the commissioned service obligation of the midshipman, the midshipman— "(A) will accept an appointment as a commissioned officer in the Naval Reserve or the Marine Corps Reserve or as a Reserve in the Air Force for service in the Air Force Reserve; and "(B) will remain in that reserve component until completion of the commissioned service obligation of the midshipman. "(b)(1) The Secretary of the Navy may transfer to the Naval Reserve or the Marine Corps Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a midshipman who breaches an agreement under
 * '§ 6959. Midshipmen: agreement for length of service

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Page:United States Statutes at Large Volume 99 Part 1.djvu/647

 PUBLIC LAW 99-145—NOV. 8, 1985 subsection (a). The period of time for which a midshipman is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title. "(2) A midshipman who is transferred to the Naval Reserve or Marine Corps Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary. "(3) For the purposes of paragraph (1), a midshipman shall be considered to have breached an agreement under subsection (a) if the midshipman is separated from the Naval Academy under circumstances which the Secretary determines constitute a breach by the midshipman of the midshipman's agreement to complete the course of instruction at the Naval Academy and accept an appointment as a commissioned officer upon graduation from the Naval Academy. "(c) The Secretary of the Navy shall prescribe regulations to carry out this section. Those regulations shall include— "(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); "(2) procedures for determining whether such a breach has occurred; and "(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b). "(d) In this section, 'commissioned service obligation', with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anniversary of such appointment. "(e)(l) This section does not apply to a midshipman who is not a citizen or national of the United States. "(2) In the case of a midshipman who is a minor and who has parents or a guardian, the midshipman may sign the agreement required by subsection (a) only with the consent of a parent or guardian.". (c) Am FORCE ACADEMY.—Section 9348 of such title, relating to agreements of cadets at the United States Air Force Academy, is amended to read as follows: "(a) Each cadet shall sign an agreement with respect to the cadet's length of service in the armed forces. The agreement shall provide that the cadet agrees to the following: "(1) That the cadet will complete the course of instruction at the Academy. "(2) That upon graduation from the Academy the cadet— "(A) will accept an appointment, if tendered, as a commissioned officer of the R e ^ l a r Air Force; and "(B) will serve on active duty for at least five years immediately after such appointment. "(3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before completion of the commissioned service obligation of the cadet, the cadet—
 * § 9348. Cadets: agreement to serve as officer

99 STAT. 625

10 USC 651.

Regulations.

'" '

-*

10 USC 9348.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/648

 99 STAT. 626

10 USC 651.

Regulations.

10 USC 4348 note.

10 USC 4348 note.

PUBLIC LAW 99-145—NOV. 8, 1985 "(A) will accept an appointment as a commissioned officer as a Reserve in the Air Force for service in the Air Force Reserve; and "(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet. "(b)(1) The Secretary of the Air Force may transfer to the Air Force Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title. "(2) A cadet who is transferred to the Air Force Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary. "(3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Academy and accept an appointment as a commissioned officer upon graduation from the Academy, "(c) The Secretary of the Air Force shall prescribe regulations to carry out this section. Those regulations shall include— "(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); "(2) procedures for determining whether such a breach has occurred; and "(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b). "(d) In this section, 'commissioned service obligation', with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anniversary of such appointment. "(e)(1) This section does not apply to a cadet who is not a citizen or national of the United States. "(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of a parent or guardian.". (d) DEADLINE FOR REGULATIONS.—The Secretary of each military department shall prescribe the r ^ u l a t i o n s required by section 4348(c), 6959(c), or 9348(c), as appropriate, of title 10, United States Code (as added by the amendments made by subsections (a), (b), and (c)) not later than the end of the 90-day period beginning on the date of the enactment of this Act. (e) APPLICABILTFY OF AMENDMENTS.—The amendments made by subsections (a), (b), and (c) (other than with respect to the authority of the Secretary of a military department to prescribe r^ulations)-(1) shall take effect with respect to each military department on the date on which regulations prescribed by the Secretary of that military department in accordance with subsection (d) take effect; and (2) shall apply with respect to each agreement entered into under sections 4348, 6959, and 9348, respectively, of title 10,

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Page:United States Statutes at Large Volume 99 Part 1.djvu/649

 PUBLIC LAW 99-145—NOV. 8, 1985 United States C!ode, that is entered into on or after the effective date of such regulations and shall apply with respect to each such agreement that was entered into before the effective date of such regulations by an individual who is a cadet or midshipman on such date. SEC. 513. TRANSFERS TO AND FROM TEMPORARY DISABILITY RETIRED LIST (a) IMPROVEMENTS IN ADMINISTRATION OF TEMPORARY DISABILITY RETIRED LIST.—Chapter 61 of title 10, United States Code, relating to

retirement or separation for physical disability, is amended as follows: dXA) Sections 1201(1) and 1204(1) are amended by inserting "and stable" after "permanent nature". (B) Sections 1202 and 1205 are amended by inserting "and stable" after "permanent nature" the first place it appears in each section. (2) Section 1210 is amended— (A) by inserting "and stable" in subsections (b), (c), and (d) after "permanent nature"; and (B) in subsection (f)— (i) by inserting "(1)" after "(f)"; and (ii) by striking out "and rating" and all that follows and inserting in lieu thereof "or rating, the Secretary shall— "(A) treat the member as provided in section 1211 of this title; or "(B) discharge the member, retire the member, or transfer the member to the Fleet Reserve, Fleet Marine Corps Reserve, or inactive Reserve under any other law if, under that law, the member— "(i) applies for and qualifies for that retirement or transfer; or "(ii) is required to be discharged, retired, or eliminated from an active status. "(2)(A) For the purpose of paragraph (I)(B), a member shall be considered qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve or is required to be discharged, retired, or eliminated from an active status if, were the member reappointed or reenlisted under section 1211 of this title, the member would in all other respects be qualified for or would be required to be retired, transferred to the Fleet Reserve or Fleet Marine Corps Reserve, discharged, or eliminated from an active status under any other provision of law. "(B) The grade of a member retired, transferred, discharged, or eliminated from an active status pursuant to paragraph (I)(B) shall be determined under the provisions of law under which the member is retired, transferred, discharged, or eliminated. The member's retired, retainer, severance, readjustment, or separation pay shall be computed as if the member had been reappointed or reenlisted upon removal from the temporary disability retired list and before the retirement, transfer, discharge, or elimination. Notwithstanding section 8301 of title 5, a member who is retired shall be entitled to retired pay effective on the day after the last day on which the member is entitled to disability retired pay.". (3) The second sentence of section 1211(c) is amended—

99 STAT. 627 Ante, pp. 623-625.

10 USC 1201 et ^^• 10 USC 1201, 1204. lo USC 1202, 1205. 10 USC 1210.

10 USC 1211.

,_, j.,

5 USC 8301. 10 USC 1211.

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text:
Author:Kālidāsa

Plays

 * Mālavikāgnimitra
 * The Malavikágnimitra: a Sanskrit play, 2nd ed., transl. by Charles Henry Tawney (1891)
 * Śakuntalā (Abhijñānaśākuntalam) "The Recognition of Śakuntalā"
 * Sacontala; or, The Fatal Ring, 3rd ed., transl. William Jones (1792) [1870 reprint]
 * Śakoontalá; or, The Lost Ring, 4th ed., transl. by Monier Williams:
 * Sakuntala and Her Keepsake (1915) tr. by Roby Datta
 * Vikramōrvaśīyam

Poetry

 * Raghuvaṃśa translated by Pierce de Lacy Johnstone:
 * Kumārasambhava translated by Ralph Thomas Hotchkin Griffith
 * Ṛtusaṃhāra
 * Meghadūta
 * Prose translation by Henry Aimé Ouvry:
 * Verse translation by Horace Hayman Wilson:
 * 2nd Ed (1843):

Works about Kālidāsa

 * "", Encyclopaedia Britannica, 9th ed., Vol. XIII (1881)

title: Author:Kālidāsa


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/650

 99 STAT. 628

10 USC 1210. 10 USC 1448.

PUBLIC LAW 99-145—NOV. 8, 1985 (A) by inserting "and if the member is not discharged, retired, or transferred to the Fleet Reserve or Fleet Marine Corps Reserve or inactive Reserve under section 1210 of this title," after "subsection (a) or (b),"; and (B) by inserting "and the member shall be discharged" before the period. (b) CONFORMING AMENDMENT.—Section 1448(c) of such title is amended by inserting "disability" before "retired pay". SEC. 514. CHANGE IN TITLE OF GRADE OF COMMODORE TO REAR ADMIRAL (LOWER HALF)

98 Stat. 2308.

(a) CHANGE IN TITLE.—(1) Section 5501 of title 10, United States Code, is amended by striking out "Commodore" in clause (4) and inserting in lieu thereof "Rear admiral (lower half)". (2) Section 41 of title 14, United States Code, is amended by striking out "commodores" and inserting in lieu thereof "rear admirals (lower half)". (3) Section 24 of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853u) is amended by striking out "commodore" each place it appears and inserting in lieu thereof "rear admiral (lower half)". (b) CONFORMING AMENDMENTS TO TITLE 10.—(1) The following

10 USC 5444.

10 USC 625.

sections of title 10, United States Code, are amended by striking out "commodore" each place it appears and inserting in lieu thereof "rear admiral (lower half)": 101(41), 525(a), 601(c)(2), 611(a), 612(a)(3), 619(a)(2)(B), 619(c)(2)(A)(ii), 625(a), 625(c), 634, 635, 637(b)(2), 638(a)(3), 638(b), 638(c), 645(l)(A)(ii), 5138(a), 5149(b), 5442, 5444, 5457(a), and 6389(f). (2) Section 5444 of such title is amended by striking out "commodores" in subsections (a) and (f) and inserting in lieu thereof "rear admirals (lower half)". (3) The tables in sections 5442(a) and 5444(a) of such title are amended by striking out "commodores" and inserting in lieu thereof "rear admirals (lower half)". (4)(A) The heading of section 625 of such title is amended to read as follows: "§ 625. Authority to vacate promotions to grades of brigadier general and rear admiral (lower half)". (B) The item relating to such section in the table of sections at the beginning of subchapter II of chapter 36 of such title is amended to read as follows: "625. Authority to vacate promotions to grades of brigadier general and rear admiral (lower half).".

10 USC 635.

(5)(A) The heading of section 635 of such title is amended to read as follows: "§ 635. Retirement for years of service: regular brigadier generals and rear admirals (lower half)". (B) The item relating to such section in the table of sections at the beginning of subchapter III of chapter 36 of such title is amended to read as follows: "635. Retirement for years of service: regular brigadier generals and rear admirals (lower half).".

10 USC 5442.

(6)(A) The heading of section 5442 of such title is amended to read as follows:

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