The permanent division of retention/retirement pay of members of the Uniformed Services in a divorce as property under the authority of 10 U.S.C. 1408, the Uniformed Services Former Spouses Protection Act, PL 97-252, is inconsistent with prevalent family law concepts, unfairly singles out personnel of the uniformed services for unequal treatment of a divorce, is discriminatory on its face and in impact, is inconsistent with other federal laws, violates the constitutional concepts of federalism, and unconstitutionally interferes with Presidential and Congressional duties to provide for the Armed Forces. Such action by the President and Congress will reestablish the proper legal precedent as established by the U.S. Supreme Court in McCarty v. McCarty, 453 US 210 (1981).



