provision of sections 491a-491d [285b-285d] and 612 [285e] of this title", in 10:491d and 34:285f.

CROSS REFERENCES

Promotion of persons in missing status, see section 552 of Title 37, Pay and Allowances of the Uniformed Services.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 552.

§ 1524. Posthumous commissions and warrants: determination of date of death

For the purposes of sections 1521 and 1522 of this title, in any case where the date of death is established or determined under section 551-558 of title 37, the date of death is the date the Secretary concerned receives evidence that the person is dead, or the date the finding of death is made under section 555 of title 37. (Added Pub. L. 89-718, § 12(a)(1), Nov. 2, 1966, 80 Stat. 1117.)

CHAPTER 79-CORRECTION OF MILITARY
RECORDS

1962-Pub. L. 87-651, title I, § 110(b), Sept. 7, 1962, 76 Stat. 510, substituted "discharge or dismissal" for "discharges or dismissals" in item 1553, and "retirement or separation without pay for physical disability" for "decisions of retiring boards and similar boards" in item 1554.

1958-Pub. L. 85-857, § 13(v)(3), Sept. 2, 1958, 72 Stat. 1268, added items 1553 and 1554.

§ 1551. Correction of name after separation from service under an assumed name

The Secretary of the military department concerned shall issue a certificate of discharge or an order of acceptance of resignation in the true name of any person who was separated from the Army, Navy, Air Force, or Marine Corps honorably or under honorable conditions after serving under an assumed name during a war with another nation or people, upon application by, or on behalf of, that person, and upon proof of his identity. However, a certificate or order may not be issued under this section if the name was assumed to conceal a crime or to avoid its consequences.

(Aug. 10, 1956, ch. 1041, 70A Stat. 116.)

HISTORICAL AND REVISION NOTES

stituted for the word "discharged", since the revised section covers acceptances of resignations as well as certificates of discharge. The words "enlisted or" and "while minors or otherwise" are omitted as surplusage. The words "the War of the Rebellion" are omitted as obsolete. The word "with" is substituted for the words "between the United States and". The words "honorably or under honorable conditions" are substituted for the word "honorably".

§ 1552. Correction of military records: claims incident thereto

(a)(1) The Secretary of a military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice. Except as provided in paragraph (2), such corrections shall be made by the Secretary acting through boards of civilians of the executive part of that military department. The Secretary of Transportation may in the same manner correct any military record of the Coast Guard.

(2) The Secretary concerned is not required to act through a board in the case of the correction of a military record announcing a decision that a person is not eligible to enlist (or reenlist) or is not accepted for enlistment (or reenlistment) or announcing the promotion and appointment of an enlisted member to an initial or higher grade or the decision not to promote an enlisted member to a higher grade. Such a correction may be made only if the correction is favorable to the person concerned.

(3) Corrections under this section shall be made under procedures established by the Secretary concerned. In the case of the Secretary of a military department, those procedures must be approved by the Secretary of Defense.

(4) Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States.

(b) No correction may be made under subsection (a)(1) unless the claimant or his heir or legal representative files a request for the correction within three years after he discovers the error or injustice. However, a board established under subsection (a)(1) may excuse a failure to file within three years after discovery if it finds it to be in the interest of justice.

(c) The Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be. If the claimant is dead, the money shall be paid, upon demand, to his legal representative. However, if no demand for payment is made by a legal representative, the money shall be paid

(1) to the surviving spouse, heir, or beneficiaries, in the order prescribed by the law applicable to that kind of payment;

(2) if there is no such law covering order of payment, in the order set forth in section 2771 of this title; or

(3) as otherwise prescribed by the law applicable to that kind of payment.

A claimant's acceptance of a settlement under this section fully satisfies the claim concerned. This section does not authorize the payment of any claim compensated by private law before October 25, 1951.

(d) Applicable current appropriations are available to continue the pay, allowances, compensation, emoluments, and other pecuniary benefits of any person who was paid under subsection (c), and who, because of the correction of his military record, is entitled to those benefits, but for not longer than one year after the date when his record is corrected under this section if he is not reenlisted in, or appointed or reappointed to, the grade to which those payments relate. Without regard to qualifications for reenlistment, or appointment or reappointment, the Secretary concerned may reenlist a person in, or appoint or reappoint him to, the grade to which payments under this section relate.

(e) No payment may be made under this section for a benefit to which the claimant might later become entitled under the laws and regulations administered by the Secretary of Veterans Affairs.

(f) With respect to records of courts-martial and related administrative records pertaining to court-martial cases tried or reviewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under subsection (a) may extend only to

(1) correction of a record to reflect actions taken by reviewing authorities under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)); or

(2) action on the sentence of a court-martial for purposes of clemency.

(Aug. 10, 1956, ch. 1041, 70A Stat. 116; June 29, 1960, Pub. L. 86-533, § 1(4), 74 Stat. 246; Pub. L. 96-513, title V, § 511(60), Dec. 12, 1980, 94 Stat. 2925; Dec. 6, 1983, Pub. L. 98-209, § 11(a), 97 Stat. 1407; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, § 1233(a), 102 Stat. 2057; Nov. 29, 1989, Pub. L. 101-189, div. A, title V, § 514, title XVI, § 1621(a)(2), 103 Stat. 1441, 1603; Oct. 23, 1992, Pub. L. 102-484, div. A, title X, § 1052(19), 106 Stat. 2500.)

HISTORICAL AND REVISION NOTES

(1st proviso). The words "when he considers it" are substituted for the words "where in their judgment such action is", in 5:191a and 275. The words "officers or employees" and "means of", in 5:191a and 275, are omitted as surplusage. The word "naval", in 5:191a and 275, is omitted as covered by the word "military". In subsection (b), the words "before October 26, 1961" are substituted for the words "or within ten years after the date of enactment of this section", in 5:191a and 275. The last sentence of the revised subsection is substituted for 5:191a(a) (last proviso) and 275(a) (last proviso).

In subsection (c), the words "if, as a result of correcting a record under this section ⚫ the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be" are substi tuted for the words "which are found to be due on account of military or naval service as a result of the action hereafter taken pursuant to subsection (a) of this section", in 5:191a and 275. The words "heretofore taken pursuant to this section", in 5:191a and 275, are omitted as executed. The words "of any persons, their heirs at law or legal representative as hereinafter provided", "(including retired or retirement pay)", "as the case may be", "duly appointed", "otherwise due hereunder", "decedent's", "precedence or succession", and "of precedence", in 5:191a and 275, are omitted as surplusage. The last sentence is substituted for 5:191a(c) and 275(c).

In subsection (d), the word "but" is substituted for the words "That, continuing payments are authorized to be made to such personnel", in 5:191a and 275. The words "if he is not reenlisted in, or appointed or reappointed to, the grade to which those payments relate" are substituted for the words "without the necessity for reenlistment, appointment, or reappointment to the grade, rank, or office to which such pay (including retired or retirement pay), allowances, compensation, emoluments, and other monetary benefits are attached", in 5:191a and 275. The words "or one year fol lowing the date of enactment of this section", in 5:191a and 275, are omitted as executed. The words "for payment of such sums as may be due for", in 5:191a and 275, are omitted as surplusage. The words "(including retired or retirement pay)", in 5:191a and 275, are omitted as covered by the definition of "pay" in section 101(27) of this title.

In subsection (e), the words "No payment may be made under this section" are substituted for the words "Nothing in this section shall be construed to authorize the payment of any amount as compensation", in 5:191a and 275.

REFERENCES IN TEXT

The Uniform Code of Military Justice (Public Law 506 of the 81st Congress), referred to in subsec. (f), is act May 5, 1950, ch. 169, § 1, 64 Stat. 107, which was classified to chapter 22 (§ 551 et seq.) of Title 50, War and National Defense, and was repealed and reenacted as chapter 47 (§ 801 et seq.) of this title by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, the first section of which enacted this title.

AMENDMENTS

1992-Subsec, (a)(2). Pub. L. 102-484 substituted "announcing the promotion and appointment of an enlisted member to an initial or higher grade or the decision not to promote an enlisted member to a higher grade" for "announcing a decision not to promote an enlisted member to a higher grade”.

1989-Subsec. (a). Pub. L. 101-189, § 514(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary of a military depart ment, under procedures established by him and approved by the Secretary of Defense, and acting through boards of civilians of the executive part of that military department, may correct any military

record of that department when he considers it necessary to correct an error or remove an injustice. Under procedures prescribed by him, the Secretary of Transportation may in the same manner correct any military record of the Coast Guard. Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States."

Subsec. (b). Pub. L. 101-189, § 514(b), substituted "subsection (a)(1)" for "subsection (a)" in two places. Subsec. (e). Pub. L. 101-189, § 1621(a)(2), substituted "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs".

1988-Subsec. (b). Pub. L. 100-456, § 1233(a)(1), substituted "for the correction within three years after he discovers the error or injustice" for "therefor before October 26, 1961, or within three years after he discovers the error or injustice, whichever is later".

Subsec. (c). Pub. L. 100-456, § 1233(a)(2), substituted "The Secretary concerned" for "The department concerned".

1983-Subsec. (f). Pub. L. 98-209 added subsec. (f). 1980-Subsec. (a). Pub. L. 96-513 substituted "Secretary of Transportation" for "Secretary of the Treasury".

1960-Subsec. (f). Pub. L. 86-533 repealed subsec. (f) which required reports to the Congress every six months with respect to claims paid under this section. EFFECTIVE DATE OF 1980 AmendmenT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this title.

BOARD FOR CORRECTION OF MILITARY RECORDS Pub. L. 101-225, title II, § 212, Dec. 12, 1989, 103 Stat. 1914, provided that: "Not later than 6 months after the date of the enactment of this Act [Dec. 12, 1989], the Secretary of Transportation shall

"(1) amend part 52 of title 33, Code of Federal Regulations, governing the proceedings of the board established by the Secretary under section 1552 of title 10, United States Code, to ensure that a complete application for correction of military records is processed expeditiously and that final action on the application is taken within 10 months of its receipt; and

"(2) appoint and maintain a permanent staff, and a panel of civilian officers or employees to serve as members of the board, which are adequate to ensure compliance with paragraph (1) of this subsection."

§ 1553. Review of discharge or dismissal

(a) The Secretary concerned shall, after consulting the Secretary of Veterans Affairs, establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal. With respect to a discharge or dismissal adjudged by a court-martial

case tried or reviewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under this subsection may extend only to a change in the discharge or dismissal or issuance of a new discharge for purposes of clemency.

(b) A board established under this section may, subject to review by the Secretary concerned, change a discharge or dismissal, or issue a new discharge, to reflect its findings.

(c) A review by a board established under this section shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.

(Added Pub. L. 85-857, § 13(v)(2), Sept. 2, 1958, 72 Stat. 1266; amended Pub. L. 87-651, title I, § 110(a), Sept. 7, 1962, 76 Stat. 509; Pub. L. 98-209, § 11(b), Dec. 6, 1983, 97 Stat. 1407; Pub. L. 101-189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603.)

HISTORICAL AND REVISION NOTES

Sections 1553 and 1554 are restated, without substantive change, to conform to the style adopted for title 10.

REFERENCES IN TEXT

AMENDMENTS

EFFECTIVE DATE

CROSS REFERENCES

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1034 of this title; title 38 sections 3462, 5110, 5303; title 42 section 213a.

§ 1554. Review of retirement or separation without pay for physical disability

(a) The Secretary concerned shall from time to time establish boards of review, each consisting of five commissioned officers, two of whom shall be selected from officers of the Army Medical Corps, officers of the Navy Medical Corps, Air Force officers designated as medical officers, or officers of the Public Health Service, as the case may be, to review, upon the request of an officer retired or released from active duty without pay for physical disability, the findings and decisions of the retiring board, board of medical survey, or disposition board in his case. A request for review must be made within 15 years after the date of the retirement or separation.

(b) A board established under this section has the same powers as the board whose findings and decision are being reviewed. The findings of the board shall be sent to the Secretary concerned, who shall submit them to the President for approval.

(c) A review by a board established under this section shall be based upon the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.

(Added Pub. L. 85-857, § 13(v)(2), Sept. 2, 1958, 72 Stat. 1267; amended Pub. L. 87-651, title I, § 110(a), Sept. 7, 1962, 76 Stat. 510; Pub. L. 101-189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603.)

[CHAPTER 80-REPEALED]

[88 1571 to 1577. Repealed. Pub. L. 90-83, § 3(2), Sept. 11, 1967, 81 Stat. 220]

Sections, Pub. L. 89-690, § 1, Oct. 15, 1966, 80 Stat. 1016, created Exemplary Rehabilitation Certificates to be issued by the Secretary of Labor to persons discharged or dismissed from the Armed Forces under conditions other than honorable or to persons who had received a general discharge but who had estab lished that they had rehabilitated themselves and established the administrative and other authority in connection therewith. See chapter 13 of Title 29, Labor.

Sec. [1580. 1581.

[1582.

1583.

1584.

1585.

1586.

1587.

1588.

1589.

1590.

1591.

1592.

1593.

1594.

1595.

1989-Subsec. (c). Pub. L. 101-189 substituted "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs".

1962-Pub. L. 87-651 amended section generally without substantive change to conform to the style adopted for the revision of this title.

EFFECTIVE DATE

Section effective Jan. 1, 1959, see section 2 of Pub. L. 85-857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

TRANSFER OF FUNCTIONS

For transfer of functions of Public Health Service, see note set out under section 802 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 213a.

CHAPTER 81-CIVILIAN EMPLOYEES

Repealed.]

Foreign National Employees Separation Pay Account.

Repealed.]

Employment of certain persons without pay. Employment of non-citizens.

Carrying of firearms.

Rotation of career-conditional and career employees assigned to duty outside the United States.

Employees of nonappropriated fund instrumentalities.

Authority to accept certain voluntary serv ices.

Prohibition on payment of lodging expenses when adequate Government quarters are available.

Management of civilian intelligence personnel of the military departments. Reimbursement for travel and transportation expenses when accompanying Members of Congress.

Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures.

Uniform allowance: civilian employees. Reimbursement for financial institution charges incurred because of Government error in direct deposit of pay.

Civilian faculty members at certain Department of Defense schools: employment and compensation.

Foreign language proficiency: special pay. Civilian positions: guidelines for reductions. Assistance to terminated employees to obtain certification and employment as teachers or employment as teachers' aides. Postemployment assistance: certain terminated intelligence employees.

AMENDMENTS

1994-Pub. L. 103-359, title VIII, § 806(a)(2), Oct. 14, 1994, 108 Stat. 3442, added item 1599.

1993-Pub. L. 103-160, div. A, title IX, § 923(a)(2), Nov. 30, 1993, 107 Stat. 1731, substituted "Civilian faculty members at certain Department of Defense schools: employment and compensation" for "National Defense University; Foreign Language Center of the Defense Language Institute: civilian faculty members" in item 1595.

1992-Pub. L. 102-484, div. A, title III, § 371(b), title IX, § 923(a)(2)(B), div. D, title XLIV, § 4442(b), Oct. 23, 1992, 106 Stat. 2384, 2474, 2732, substituted “University; Foreign Language Center of the Defense Language Institute" for "University:" in item 1595, substi tuted "Civilian positions: guidelines for reductions" for "Employees of industrial-type or commercial-type activities: guidelines for future reductions" in item 1597, and added item 1598.

1991-Pub. L. 102-190, div. A, title X, § 1003(a)(2), Dec. 5, 1991, 105 Stat. 1456, added item 1581.

Pub. L. 102-25, title VII, § 701(e)(4), (8)(B), Apr. 6, 1991, 105 Stat. 114, 115, substituted "Employment of non-citizens" for "Laws relating to employment of non-citizens: not applicable to research and development activities" in item 1584 and struck out “mandatory" after "error in" in item 1594.

1990-Pub. L. 101-510, div. A, title III, § 322(a)(2), title XIV, § 1484(a), Nov. 5, 1990, 104 Stat. 1529, 1715, redesignated item 1592 “Foreign language proficiency: special pay" as item 1596 and added item 1597.

1989-Pub. L. 101-193, title V, § 501(a)(2), Nov. 30, 1989, 103 Stat. 1708, added item 1592 "Foreign language proficiency: special pay".

Pub. L. 101-189, div. A, title III, §§ 311(b)(2), 336(a)(2), title VI, § 664(b)(2), title XI, § 1124(a)(2), Nov. 29, 1989, 103 Stat. 1412, 1419, 1467, 1558, added item 1592 "Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures.", and items 1593 to 1595.

1987-Pub. L. 100-180, div. A, title VI, § 617(b)(2), Dec. 4, 1987, 101 Stat. 1097, added item 1591. 1986-Pub. L. 99-569, title V, § 504(b), Oct. 27, 1986, 100 Stat. 3199, added item 1590.

1984-Pub. L. 98-525, title XIV, § 1401(f)(2), Oct. 19, 1984, 98 Stat. 2618, added item 1589.

1983-Pub. L. 98-94, title XII, §§ 1253(a)(2), 1266(b), Sept. 24, 1983, 97 Stat. 700, 705, added items 1587 and 1588.

1982-Pub. L. 97-295, § 1(19)(B), (20)(C), Oct. 12, 1982, 96 Stat. 1290, struck out items 1581 "Appointment: professional and scientific services" and 1582 "Professional and scientific services: reports to Congress on appointments", and substituted "pay" for "compensation" in item 1583.

1966-Pub. L. 89-718, § 13, Nov. 2, 1966, 80 Stat. 1117, struck out item 1580 "Appointment generally".

1962-Pub. L. 87-651, title II, § 206(b), Sept. 7, 1962, 76 Stat. 520, added item 1580.

1960-Pub. L. 86-585, § 2, July 5, 1960, 74 Stat. 327, added item 1586.

1958-Pub. L. 85-577, § 1(2), July 31, 1958, 72 Stat. 456, added item 1585.

[§ 1580. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663]

Section, added Pub. L. 87-651, title II, § 206(a), Sept. 7, 1962, 76 Stat. 519, related to appointment of civilian employees by the Secretary of Defense.

§ 1581. Foreign National Employees Separation Pay Account

(a) ESTABLISHMENT and PURPOSE.-There is established on the books of the Treasury an account to be known as the "Foreign National Employees Separation Pay Account, Defense". The account shall be used for the accumulation of funds to finance obligations of the United States for separation pay for foreign nationals referred to in subsection (e).

(b) DEPOSITS INTO ACCOUNT.-(1) The Secretary of the Treasury shall deposit into the account all amounts that were obligated by the Secretary of Defense before December 5, 1991, and that remain unexpended for separation pay for foreign nationals referred to in subsection (e).

(2) The Secretary of Defense shall deposit into the account from applicable appropriations all amounts obligated on or after December 5, 1991, for separation pay for foreign nationals referred to in subsection (e).

(c) PAYMENTS FROM ACCOUNT.-Amounts in the account shall remain available for expendi

ture in accordance with the purpose for which obligated until expended.

(d) DEOBLIGATED FUNDS.-Any amount in the account that is deobligated shall be available for a period of two years from the date of deobligation for recording, adjusting, and liquidating amounts properly chargeable to the liability of the United States for which the obligation was made. Any such deobligated amount remaining at the end of such two-year period shall be canceled.

(e) EMPLOYEES COVERED.-This section applies only with respect to separation pay of foreign nationals employed by the Department of Defense, and foreign nationals employed by a foreign government for the benefit of the Department of Defense, under any of the following agreements that provide for payment of separation pay:

(1) A contract. (2) A treaty.

(3) A memorandum of understanding with a foreign nation.

(Added Pub. L. 102-190, div. A, title X, § 1003(a)(1), Dec. 5, 1991, 105 Stat. 1456; amended Pub. L. 102-484, div. A, title X, § 1052(20), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103-337, div. A, title III, § 346, Oct. 5, 1994, 108 Stat. 2724.)

PRIOR PROVISIONS

A prior section 1581, acts Aug. 10, 1956, ch. 1041, 70A Stat. 118; Sept. 2, 1958, Pub. L. 85-861, § 1(34), 72 Stat. 1456; May 29, 1959, Pub. L. 86-36, § 3, 73 Stat. 63; Sept. 23, 1959, Pub. L. 86-377, § 2, 73 Stat. 701; Oct. 4, 1961, Pub. L. 87-367, title II, § 203, 75 Stat. 790; Oct. 11, 1962, Pub. L. 87-793, § 1001(b), 76 Stat. 863, provided for appointment of a limited number of civilian research and development personnel and prescribed their relationship to civil service provisions, prior to repeal by Pub. L. 97-295, § 1(19)(A), Oct. 12, 1982, 96 Stat. 1290.

AMENDMENTS

1994-Subsecs. (a), (b). Pub. L. 103-337, § 346(1), substituted "foreign nationals referred to in subsection (e)" for "foreign national employees of the Department of Defense" wherever appearing.

Subsec. (e). Pub. L. 103-337, § 346(2), added subsec. (e) and struck out former subsec. (e) which read as follows: "EMPLOYEES COVERED.-This section applies only with respect to separation pay of foreign nationals employed by the Department of Defense under any of the following agreements that provide for payment of separation pay:

"(1) A contract.

"(2) A treaty.

"(3) A memorandum of understanding with a foreign nation."

1992-Subsec. (b)(1), (2). Pub. L. 102-484 substituted "December 5, 1991," for "the date of the enactment of this section".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1592 of this title.

[§ 1582. Repealed. Pub. L. 97-295, § 1(19)(A), Oct. 12, 1982, 96 Stat. 1290]

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 118; Sept. 2, 1958, Pub. L. 85-861, § 1(35), 72 Stat. 1456; Sept. 23, 1959, Pub. L. 86-377, § 3, 73 Stat. 701, directed Secretary of Defense to report annually to Congress