[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)]
[Notices]
[Page 71105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33976]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Comments on Uniformed Services Former Spouses' Protection Act
(USFSPA)
AGENCY: Office of the Assistant Secretary of Defense for Force
Management Policy, DoD.
ACTION: Notice of an Analysis of the USFSPA and report to Congress.
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SUMMARY: Pursuant to Section 643 of P.L. 105-85, the National Defense
Authorization Act (NDAA) for Fiscal Year 1998, October 23, 1997, notice
is hereby given of a comprehensive review of the Uniformed Services
Former Spouses' Protection Act (USFSPA) and the preparation of a report
to Congress regarding USFSPA. Section 643 of NDAA requires DoD to
examine and compare, respectively, the protections, benefits and
treatment afforded under Federal law to members and former members of
the Uniformed Services and their former spouses; and the protections,
benefits and treatment afforded under such laws to employees and former
employees of the Federal government and their former spouses. In
connection with its analysis, DoD seeks the written comments of tax-
exempt organizations, which have as a stated purposes the
representation of current or former military members and/or their
spouses or former spouses. The comments of these organizations will
constitute a portion of the information DoD uses in preparing its
report.
The DoD review will include an analysis of all legal authorities
that: ``. . . establish, provide for the enforcement of, or otherwise
protect the interests of members and former members of the uniformed
services and former spouses of such persons in retired or retainer pay
of members and former members; or provide other benefits for members
and former members of the uniformed services and former spouse of such
persons. . .'' (Legal Authorities: 10 U.S.C. 1062, 1072, 1076, 1086a,
1097, 1401, 1401a, 1405-1409, 1447-1460B) The report to Congress will
include the following elements: (a) the experiences of the Uniformed
Services in administering the legal authorities (including the
effectiveness of legal assistance provided by DoD); (b) the experience
of members and former members and their spouses and former spouses with
respect to the legal authorities, including the application of the
legal authorities by State courts; (c) a discussion of the history of
State laws and court decisions which interpret the legal authorities;
and (d) an analysis of the extent to which State courts'
interpretations of applicable law are consistent with the legal
authorities. DoD believes the views of the organizations referred to
above will be useful in carrying out its responsibilities under NDAA.
DATES: Comments are required February 22, 1999.
ADDRESSES: Office of the Assistant Secretary of Defense for Force
Management Policy, Compensation, 4000 Defense Pentagon, Washington, DC
20301-4000.
FOR FURTHER INFORMATION CONTACT:
LTC Tom Emswiler, OASD(FMP)MPP/COMP, 4000 Defense Pentagon, Room 2B279,
Washington, DC 20301-4000; telephone (703) 693-1066; facsimile number
(703) 697-8725.
SUPPLEMENTARY INFORMATION: For an organization's comments to be
considered, they must be accompanied by copies of the following
documents: (a) its certificate or articles of incorporation, by-laws
and all amendments thereto; (b) current Internal Revenue Service
determination letter; and (c) resolutions, certified by the Secretary
of the organization, adopted by the governing body (e.g. board of
directors) which approve the comments and authorize their submission to
DoD. The Chairman of the Board or the President or an equivalent
executive officer must submit the organization's comments.
The comments should address all of the following matters: (a) An
assessment of the effectiveness and fairness of the USFSPA and other
legal authorities; (b) those aspects, if any of the legal authorities
which are well covered and do not require changes; and (c) those
aspects of the legal authorities which do not operate properly or are
ineffective and suggestions for improvement.
Dated: December 18, 1998.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-33976 Filed 12-22-98; 8:45 am]
BILLING CODE 5000-04-M
