National Defense Authorization Act for Fiscal Year 1991
PL 101-510 (H.R.4739), enacted 11/05/1990

PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1485 
Public Law 101-510 
101st Congress 
An Act 
To authorize appropriations for fiscal year 1991 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart- 
Nov. 5, 1990 
ment of Energy, to prescribe personnel strengths for such fiscal year for the Armed 
[H.R. 4739] 
Forces, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
National 
Defense 
SECTION 1. SHORT TITLE 
Authorization 
This Act may be cited as the "National Defense Authorization Act 
Year 1991 
for Fiscal Year 1991". 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS 
(a) DIVISIONS.—This Act is organized into four divisions as follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(4) 
Division 
D—Economic 
Adjustment, 
Diversification, 
Conversion, and Stabilization. 
O
b
) TABLE OF CONTENTS.—The table of contents for this Act is as 
follows: 
Sec. 1. Short title. 
-
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
PART A—FUNDING AUTHORIZATIONS 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense Agencies. 
Sec. 105. Defense Inspector Gteneral. 
. 
Sec. 106. Reserve components. 
Sec. 107. Chemical demilitarization program. 
\ * 
Sec. 108. Multiyear authorizations. 
Sec. 109. Repeal of prior milestone authorizations. 
PART B—B-2 AIRCRAFT PROGRAM 
Sec. 121. Limitation on obligations. 
PART C—OTHER STRATEGIC PROGRAMS 
Sec. 131. SRAM II missile program. 
Sec. 132. Ground-wave emergency network. 
Sec. 133. B-IB Aircraft program. 
Sec. 134. Prohibition on obligation or expenditure of fiscal year 1990 funds for MX 
Rail Garrison procurement. 
Sec. 135. Report on alternative MX missile test plans. 
Sec. 136. Limitation on advance procurement of advanced cruise missile. 
Sec. 137. Limitation on obligation of funds for KC-135R aircraft program. 
104 STAT. 1486 
PUBLIC LAW 101-510—NOV. 5, 1990 
PART D—ARMY PROGRAMS 
Sec. 141. ADATS missile system. 
Sec. 142. M-1 Abrams tank program. 
Sec. 143. Procurement of AHIP Scout helicopters. 
Sec. 144. Provision of CH-47 aircraft for the Army National Guard. 
PART E—NAVY AND MARINE CORPS PROGRAMS 
Sec. 151. A-12 edrcraft progreun. 
Sec. 152. V-22 aircraft program. 
Sec. 153. Procurement of MlAl main battle tanks for the Marine Corps. 
Sec. 154. Policy for SSN-21 submarine procurement. 
Sec. 155. MH-53 minesweeper helicopter. 
Sec. 156. AH-IW helicopters. 
Sec. 157. Laboratory equipment for Navy industrial-fund activities. 
PART F—NONSTRATEGIC AIR FORCE PROGRAMS 
Sec. 161. C-17 Aircraft program funding and limitations for fiscal year 1991. 
Sec. 162. Tacit Rmnbow program. 
Sec. 163. Chemical-biological collective protection systems. 
Sec. 164. Re-engining for certain reconnaissance aircraft. 
PART G—CHEMICAL MUNITIONS 
Sec. 171. Annual report on safety of chemic£d weapons stockpile. 
Sec. 172. Funding clarification for chemical weapons stockpile disposal program. 
Sec. 173. Chemical weapons stockpile safety contingency plan. 
PART H—OTHER PROGRAMS 
Sec. 181. Program terminations. 
Sec. 182. Limitations on electronic warfare procurement. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
PART A—AUTHORIZATIONS 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amounts for beisic research and exploratory development. 
PART B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS 
Sec. 211. V-22 Osprey aircraft program. 
Sec. 212. Army scout attack helicopter program. 
Sec. 213. Advanced Tactical Fighter program. 
Sec. 214. Armored gun system. 
Sec. 215. Fleet electronic warfare support group. 
Sec. 216. Vandenberg Air Force Base Titan IV launch facility. 
Sec. 217. Advanced communications satellite relay system. 
Sec. 218. Prohibition on testing Mid-Infrared Advanced Chemical Laser Against an 
object in space. 
PART C—STRATEGIC DEFENSE INITIATIVE 
Sec. 221. Strategic Defense Initiative Program structure and limitations on 
spending. 
Sec. 222. Limitation on development and testing of anti-ballistic missile systems or 
components. 
Sec. 223. Prohibition on operational test and evaluation of strategic defense 
systems. 
Sec. 224. Boost surveillance and tracking system. 
Sec. 225. Theater missile defense programs. 
PART D—STRATEGIC PROGRAMS 
Sec. 231. Funding and sense of Congress for ICBM Modernization program. 
Sec. 232. Depres^d trajectory ballistic missiles and other short-time-of-flight ballis-
tic missiles. 
PART E—OTHER MATTERS 
Sec. 241. Biological Defense Research Program. 
Sec. 242. Funding for facility for collaborative research and training for military 
medic£d personnel. 
Sec. 243. Grant for an institute for advanced science and technology. 
Sec. 244. Support for Advanced Research Projects. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1487 
Sec. 245. C!ompetition in contracting for computers and software. 
Sec. 246. Advisory commission on consolidation and conversion of defense research 
and development laboratories. 
Sec. 247. National defense science and engineering education. 
Sec. 248. Establishment of Department of Defense technology office in Japan. 
Sec. 249. Grant for study and analysis of the Soviet Union and certain other 
countries. 
TITLE m—OPERATION AND MAINTENANCE 
PART A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Humanitarian assistance. 
Sec. 304. Assistance to the 1990 Winter World Series Torch Run and the 1991 Free-
style World Championships. 
Sec. 305. Extended cold weather clothing systems. 
PART B—LIMITATIONS 
Sec. 311. Limitation on obligations against stock funds. 
Sec. 312. Prohibition on mansigement of civilian personnel by end strengths during 
fiscal year 1991. 
PART C—CHANGES TO EXISTING LAW 
Sec. 321. Commissary and other privileges for certain members of a reserve compo-
nent and certain other persons. 
Sec. 322. Guidelines for future reductions of civilian employees of industried-type or 
commercial-type activities. 
Sec. 323. Inventory management policies. 
Sec. 324. Expansion of authority to donate food to charitable nonprofit food banks. 
Sec. 325. Authority to exchange property for services in connection with historical 
collections. 
Sec. 326. Authority to furnish transportation in certain areas outside the United 
States. 
Sec. 327. Authorization for certain bands of the armed forces to produce recordings 
for commercial sale. 
Sec. 328. Army program to promote civilian marksmanship. 
Sec. 329. Ships' stores. 
Sec. 330. Operation of the Inter-American Air Forces Academy. 
Sec. 331. Assistance program for employees of a nonappropriated fund instrumen-
tedity adversely affected by base closures. 
PART D—ENVIRONMENTAL PROVISIONS 
Sec. 341. Additional requirements for environmental report. 
Sec. 342. Reporting requirements on environment compliance at overseas military 
installations. 
Sec. 343. Extension of date for completion of study on waste recycling. 
Sec. 344. Environmental education program for Department of Defense personnel. 
Sec. 345. Use of ozone depleting substances within the Department of Defense. 
Sec. 346. Prohibition on purchases of performance bonds and similar guaranties. 
PART E—MISCELLANEOUS 
Sec. 351. Continuation of Air Force hurricane reconnaissance mission. 
Sec. 352. Army Reliability Centered-Inspect and Repair Only As Necessary Program 
at Anniston Army Depot. 
Sec. 353. Validation of payments under certfun contracts for the provision of munici-
pal services. 
Sec. 354. Maintenance of flrefighting and other emergency services at military 
installations in the United States. 
Sec. 355. Staff of the Assistant Secretary of Defense for Special Operations and Low 
Intensity Conflict. 
Sec. 356. Discussions concerning Department of Defense support for 1996 Summer 
Olympics. 
Sec. 357. Sense of Congress the transfer to Europe of military equipment that would 
be destroyed and removed as a result of an arms control agreement. 
PART F—STUDIES AND REPORTS 
Sec. 361. Authorization for short-term lease of aircraft for initial entry rotary wing 
pilot training and study regarding long-term lease. 
Sec. 362. Flexible readiness. 
104 STAT. 1488 
PUBLIC LAW 101-510—NOV. 5, 1990 
Sec. 363. Report on establishing new Naval Reserve Training Center at Newport, 
Rhode Island. 
Sec. 364. Report on the transportation of chemical weapons from the Federal Repub-
lic of Germany to Johnston Island. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
PART A—ACTIVE FORCES 
Sec. 401. End strengths for active forces. 
Sec. 402. Uniform process for implementing reductions in strength. 
Sec. 403. Authorized strength for general and flag officers on active duty. 
Sec. 404. Reduction for fiscal year 1992 in number of active duty Air Force colonels. 
Sec. 405. Exemption from grade accountability for certain three-star general and 
flag officer positions. 
Sec. 406. Reduction in the authorized end strength for the number of military per-
sonnel in Europe. 
PART B—RESERVE FORCES 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
PART C—MILITARY TRAINING STUDENT LOADS 
Sec. 421. Authorization of training student loads. 
PART D—OTHER PERSONNEL STRENGTH MATTERS 
Sec. 431. Report on cadre concept. 
TITLE V—MILITARY PERSONNEL 
PART A—PERSONNEL READJUSTMENT BENEFITS 
Sec. 501. Separation pay. 
Sec. 502. Other transition benefits and services. 
Sec. 503. Travel and transportation allowances relating to members involuntarily 
separated. 
Sec. 504. Continuation of enrollment in schools of the defense dependents' educa-
tion system for dependents of members involuntarily separated. 
PART B—DEFENSE OFFICER PERSONNEL MANAGEMENT POUCIES 
Sec. 521. Officer retention flexibility. 
Sec. 522. Reduction in time-in-grade requirement for retention of grade upon volun-
tary retirement. 
Sec. 523. Required length of commissioned service for voluntary retirement as an 
officer. 
Sec. 524. Report on initial appointment of all officers as Reserve officers and on the 
appropriate active duty obligation of graduates of the service academies. 
PART C—OFFICER EDUCATION AND TRAINING 
Sec. 531. Reduction in the number of appointments for the class of a service acad-
emy entering in 1991 and in 1995. 
Sec. 532. Repeal of authority of Administrator of Panama Canal Commission to 
nominate cadets and midshipmen. 
Sec. 533. Modification of the ten-year service obligation for graduates of the Uni-
formed Services University of the Health Sciences. 
Sec. 534. Advanced educational assistance. 
PART D—MILITARY JUSTICE AMENDMENTS 
Sec. 541. Clarification of certain provisions in Uniform Code of Military Justice. 
PART E—MISCELLANEOUS 
Sec. 551. Services by notaries public. 
Sec. 552. Meaning of the term "office" under section 20710)) of title 18, United 
States Code. 
Sec. 553. Extension to Coast Guard of law providing for identification, treatment, 
and rehabilitation of members of the Armed Forces who are dependent 
on drugs or alcohol. 
Sec. 554. Advisory committee on mental health evaluation protections. 
Sec. 555. Amendments to the Uniformed Services Former Spouses' Protection Act. 
Sec. 556. Authority for commissioned officers to serve on independent school 
boards. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1489 
Sec. 557. Navy rations. 
Sec. 558. Report regarding requirement for duty in support of National Guard and 
Reserves. 
Sec. 559. Prohibition on certain reserve service. 
PART F—MONTGOMERY G I BILL 
Sec. 561. Opportunity for certain personnel to enroll in Montgomery GI bill before 
being involuntarily separated from service. 
Sec. 562. Clarifying amendments to Montgomery GI bill active duty program. 
Sec. 563. Participation of certain National Guard personnel in Montgomery GI bill. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
PART A—PAY AND ALLOWANCES 
Sec. 601. Military pay raise for fiscal year 1991. 
Sec. 602. Modification of limitation on adjustments in variable housing allowance. 
PART B—BONUSES AND SPECIAL AND INCENTIVE PAY 
Sec. 611. Multiyear medical officer retention bonus. 
Sec. 612. Increase in physician special pay for officers in a pay grade above 0-6. 
Sec. 613. Extension of nurse incentive programs. 
Sec. 614. Extension of special pay for nurse anesthetists to other 
nursing 
specialties. 
Sec. 615. Authority to terminate selective reenlistment bonus payments. 
Sec. 616. Extension of special pay for critically short wartime health specialists in 
the Selected Reserve. 
Sec. 617. Retention bonus for optometrists. 
Sec. 618. Provision of board certification special pay for nonphysician health care 
providers. 
PART C—TRAVEL AND TRANSPORTATION ALLOWANCES 
Sec. 621. Permanent authority to pay members for labor furnished in connection 
with the transportation of baggage and household goods. 
Sec. 622. Baggage and household weight allowance for cadets and midshipmen. 
PART D—MISCELLANEOUS 
Sec. 631. Delay in effective date of optional high-tier Survivor Benefit Plan cover-
age and open enrollment period. 
TITLE VII—HEALTH CARE PROVISIONS 
PART A—HEALTH CARE SERVICES 
Sec. 701. Provision of pap smears and mammograms under CHAMPUS. 
Sec. 702. Repeal of the limitation on the pajonent of services of marriage and 
family therapists as a medical expense. 
Sec. 703. Mental health services. 
PART B—HEALTH CARE MANAGEMENT 
Sec. 711. Limitation on reductions in medical personnel. 
Sec. 712. Increase in annual deductibles under CHAMPUS for certain covered 
beneficiaries. 
Sec. 713. Collection from third-party payers of reasonable costs of health care serv-
ices incurred on behalf of retired persons and dependents. 
Sec. 714. Increase in the pay limit for personal services contracts for direct health 
care providers. 
Sec. 715. Conditions on expansion of CHAMPUS reform initiative. 
Sec. 716. Requirements prior to termination of medical services at military medical 
treatment facilities. 
Sec. 717. Limitation on awarding contract for full production of medical informa-
tion systems. 
Sec. 718. Uniformed Services Treatment Facilities. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
PART A—ACQUISITION MANAGEMENT IMPROVEMENT 
Sec. 800. Advisory panel on streamlining and codifjdng acquisition laws. 
Sec. 801. Authority governing operation of working-capital funded activities. 
Sec. 802. Procedures for contract solicitation and evaluation. 
104 STAT. 1490 
PUBLIC LAW 101-510—NOV. 5, 1990 
Sec. 803. Certified cost or pricing data threshold. 
Sec. 804. Repeal of requirements relating to commercial pricing for spare or repair 
parts. 
Sec. 805. Competitive alternative source requirement. 
Sec. 806. Uniform small purchase threshold for various requirements applicable to 
Federal Grovemment contractors. 
Sec. 807. Membership on Federal Acquisition Regulatory Council. 
Sec. 808. Procedures applicable to multiyear procurement contracts. 
Sec. 809. Major defense acquisition pilot program. 
Sec. 810. Acquisition of commercial products. 
PART B—MODIFICATIONS TO EXISTING LAW 
Sec. 811. ClariHcation of small business concerns covered by section 1207. 
Sec. 812. Additional prohibition on convicted individuals. 
Sec. 813. Disclosure requirement relating to subcontractors. 
Sec. 814. Authority to use funds for administrative costs of procurement technical 
assistance prc^ram. 
Sec. 815. Post-employment rules. 
PART C—DEFENSE INDUSTRIAL AND TECHNOLOGY BASE 
Sec. 821. Annual defense critical technologies plan. 
Sec. 822. Critical Technologies Institute. 
Sec. 823. Manufacturing technology. 
Sec. 824. Independent research and development enhancement. 
Sec. 825. Annual report on activities relating to defense industrial base. 
Sec. 826. Defense industrial base for textile and apparel products. 
Sec. 827. Use of partnership intermediaries. 
Sec. 828. Technology transfer contract provisions. 
PART D—MISCELLANEOUS 
Sec. 831. Mentor-protege pilot program. 
Sec. 832. Enhancing participation of historically Black colleges and universities and 
minority institutions in defense research. 
Sec. 833. Equal employment opportunities relating to an Army contract. 
Sec. 834. Evaluation of contracts for professional and technical services. 
Sec. 835. Requirement to use domestically manufactured carbonyl iron powders. 
Sec. 836. Reduction or suspension of contract pajrments upon finding of fraud. 
Sec. 837. Defense contractor requirements with respect to employees who communi-
cate with government officials. 
TITLE IX—DEPARTME^^^ OF DEFENSE ORGANIZATION AND 
MANAGEMENT MATTERS 
PART A—GENERAL MANAGEMENT MATTERS 
Sec. 901. National military strategy reports. 
Sec. 902. Joint staff. 
Sec. 903. Army Reserve Command. 
Sec. 904. Security investigations. 
Sec. 905. Twenty percent reduction in defense acquisition workforce. 
Sec. 906. Reduction in personnel assigned to management headquarters activities 
and headquarters support activities. 
Sec. 907. Intelligence priorities and reorganization. 
Sec. 908. Additional funding for unified and specified combatant commands for 
fiscal year 1991. 
Sec. 909. Study and plan regarding mobility requirements. 
Sec. 910. Elimination of statutory position of Chief of Naveil Research. 
PART B—PROFESSIONAL MILITARY EDUCATION 
Sec. 911. Preparation of budget requests for operation of professional military edu-
cation schools. 
Sec. 912. Authority of Naval War College to confer degree of master of arts in na-
tional security and strategic studies. 
PART C—CONTRACTING OUT 
Sec. 921. Continuation of authority of base commanders over contracting for com-
mercial activities. 
Sec. 922. Authorization 
of pilot 
program 
for 
depot 
maintenance 
workload 
competition. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1491 
TITLE X—DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 
Sec. 1001. Drug interdiction and counter-drug activities funding. 
Sec. 1002. Over-the-horizon radar. 
Sec. 1003. Civil air patrol. 
Sec. 1004. Additional support for counter-drug activities. 
Sec. 1005. Transfer of excess defense articles. 
Sec. 1006. Sense of Congress regarding the effective use of counter-drug funds. 
Sec. 1007. Report on defense spending for counter-drug activities. 
Sec. 1008. Study of utility of OH-58D helicopter in detection of cross-border intru-
sions by drug smugglers. 
Sec. 1009. Andean anti-drug efforts. 
Sec. 1010. Creation of a multilateral counter-drug strike force. 
Sec. 1011. Counter-Drug Technology Assessment Center. 
TITLE XI—OPERATION DESERT SHIELD 
PART A—FUNDING MATTERS 
Sec. 1101. Supplemental funds for fiscal year 1990. 
Sec. 1102. Accounting for costs of Operation Desert Shield. 
PART B—MILITARY PERSONNEL MATTERS 
Sec. 1111. Military pay and allowances. 
Sec. 1112. Sense of Congress concerning activation of National Guard Combat 
Brigade. 
Sec. 1113. Technical amendment concerning mailing privileges for members of the 
Armed Forces participating in operation desert shield. 
Sec. 1114. Savings program for overseas personnel. 
Sec. 1115. Treatment of accumulated leave. 
Sec. 1116. Report on options for reforming the basic edlowance for subsistence 
entitlement. 
Sec. 1117. End strength flexibility. 
PART C—PROCUREMEI«' MATTERS 
Sec. 1121. Procurement flexibility for small purchases. 
TITLE XII—DEFENSE ACQUISITION WORKFORCE 
Sec. 1201. Short title. 
Sec. 1202. Defense acquisition workforce. 
Sec. 1203. Special pay for certain officers holding critical acquisition positions. 
Sec. 1204. Etefinition of service acquisition executive. 
Sec. 1205. Defense acquisition university structure. 
Sec. 1206. Acquisition workforce enhancements. 
Sec. 1207. Repeal of certain provisions. 
Sec. 1208. Evaluation by Comptroller General. 
Sec. 1209. Transition provisions. 
Sec. 1210. Regulations. 
Sec. 1211. Effective date. 
TITLE XIII—REDUCTION IN REPORTING REQUIREMENTS 
PART A—REPEAL OF EXISTING REPORT REQUIREMENTS 
Sec. 1301. Reports required by title, United States Code. 
Sec. 1302. Reports and notifications required by annual authorization Acts. 
Sec. 1303. Reports required by other laws. 
PART B—MODIFICATIONS TO EXISTING REPORT REQUIREMENTS 
Sec. 1311. Reports required by title 10, United States Code. 
Sec. 1312. Reports required by annual authorization Acts. 
PART C—REPORT PROVISIONS PREVIOUSLY TERMINATED BY GOLDWATER-NICHOLS ACT 
Sec. 1321. Purpose. 
Sec. 1322. Repeal of statutory provisions terminated by Groldwater-Nichols Act. 
Sec. 1323. Restoration of certain reporting requirements of title 10, United States 
Code, terminated by Goldwater-Nichols Act. 
Sec. 1324. Repeal of Groldwater-Nichols reports termination section. 
PART D—CLERICAL AMENDMENTS 
Sec. 1331. Clerical amendments. 
104 STAT. 1492 
PUBLIC LAW 101-510—NOV. 5, 1990 
TITLE XIV—GENERAL PROVISIONS 
PART A—FINANCIAL AND BUDGET MATTERS 
Sec. 1401. Transfer authority. 
Sec. 1402. Annual multiyear defense plan. 
Sec. 1403. Multiyear National Foreign Intelligence Program. 
Sec. 1404. Mission oriented presentation of Department of Defense matters in the 
budget. 
Sec. 1405. Controls on the aveiilability of appropriation accounts. 
Sec. 1406. Audit of obligated balances of Diepartment of Defense. 
Sec. 1407. Full life-cycle cost information for all major defense acquisition 
programs. 
Sec. 1408. Funds in Defense CJooperation Account. 
Sec. 1409. Classified annex. 
PART B—NAVAL VESSELS AND SHIPYARDS 
Sec. 1421. Procurement limitations with respect to certain equipment for naval 
vessels. 
Sec. 1422. Policy for area in which solicitations must be issued for contracts for 
overhaul, etc., of naval reserve force ships homeported on the west 
coast. 
Sec. 1423. Report on use of Majrport Naval Station as homeport for nuclear aircraft 
carriers. 
Sec. 1424. Fast sealift program. 
Sec. 1425. Authorization for naval shipyards and aviation depots to engage in 
defense-related production and services during fiscal year 1991. 
Sec. 1426. Naming of guided missile destroyer the U.S.S. Samuel S. Stratton. 
Sec. 1427. Clarification of procedures for review of certain vessel transfers. 
PART C—GUARD AND RESERVE INITIATIVE 
Sec. 1431. Sense of the Congress on greater use of the reserve components of the 
Armed Forces. 
Sec. 1432. Findings and sense of Congress regarding the importance of Ready 
Reserve. 
Sec. 1433. Commendation of the work of the National Guard and Reserves. 
Sec. 1434. Sense of Congress concerning United States armored forces. 
Sec. 1435. Preservation of force structure in the reserve components. 
Sec. 1436. Air National Guard Euid Air Force Reserve aircraft. 
Sec. 1437. P-3 Aircraft. 
Sec. 1438. Tactical airlift mission. 
Sec. 1439. Replacement of OV-1 and OV-10 aircraft with A-10 aircraft. 
PART D—ARMS CONTROL MATTERS 
Sec. 1441. Sense of Congress on additional nuclear risk reduction measures. 
Sec. 1442. START and strategic modernization. 
Sec. 1443. Strategic Arms Reduction Talks agreement. 
PART E—MATTERS RELATING TO ALUES AND OTHER NATIONS 
Sec. 1451. Reciprocal logistical support. 
Sec. 1452. Department of Defense ombudsman for foreign signatories of inter-gov-
ernmental memorandums of agreement concerning acquisition matters. 
Sec. 1453. Expansion of scope of requirements relating to defense memoranda of 
understanding and related agreements. 
Sec. 1454. Cooperation with Japan on technological research and development. 
Sec. 1455. Permanent ceiling on United States Armed Forces in Japan and contri-
butions by Japan to the support of United States forces in Japan. 
Sec. 1456. Limitation on the costs to the United States for payments to foreign 
nationals employed at bases outside the United States. 
Sec. 1457. Annual report on United States security arrangements and commitments 
with other nations. 
Sec. 1458. Economic sanctions against the Republic of Iraq. 
Sec. 1459. Humanitarian assistance for Lithuania. 
PART F—MISCELLANEOUS MATTERS 
Sec. 1461. Congressional oversight of special access programs. 
Sec. 1462. Development and production of weapons and weapon systems having 
standoff attack capabilities and emplojdng sensor-fused devices. 
Sec. 1463. Authority to reimburse North American Van Lines and the Church of 
God for certain damages caused during Operation Just Cause. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1493 
Sec. 1464. Extension of deadline for national test center instrumentation. 
Sec. 1465. Overseas Workload Prc^am. 
Sec. 1466. Designation of the Colonel Thomas Hawkins Johnson Visiting Scholar 
Program and Lecture Series. 
Sec. 1467. Study of commercial aviation access to certain restricted special use 
airspace. 
Sec. 1468. Consultation and report requirements relating to lUmch Heind Study of 
Department of the Air Force. 
Sec. 1469. Annual presentation for congressional defense leadership on United 
States national military strategy. 
PART G—CONGRESSIONAL FINDINGS, POLICIES, AND COMMENDATIONS 
Sec. 1471. Commemoration of the efforts of the Battle of the Bulge historical foun-
dation. 
Sec. 1472. Commendation of United States military personnel for Philippine earth-
quake relief effort. 
PART H—CODIFICATION OF CERTAIN PROVISIONS OF LAW AND TECHNICAL 
AMENDMENTS 
Sec. 1481. Restatement in title 10, United States Code, of selected permanent law 
provisions. 
Sec. 1482. Codification of certain recurring provisions of annual defense appropria-
tions Acts. 
Sec. 1483. Restatement of law relating to annual personnel strength authorizations, 
annual manpower requirements reports, and annual national guard 
and reserve component procurement report. 
Sec. 1484. Technical and clerical amendments. 
PART I—CONGRESSIONAL MEDALS 
Sec. 1491. Congressional gold medal for Matthew B. Ridgway. 
Sec. 1492. Congressional medal for veterans of the attack on Pearl Harbor. 
Sec. 1493. Yosemite National Park centennial medal. 
Sec. 1494. National medals. 
TITLE XV—ARMED FORCES RETIREMENT HOME 
Sec. 1501. Short title. 
Sec. 1502. Definitions. 
PART A—ESTABUSHMENT AND OPERATION OF RETIREMENT HOME 
Sec. 1511. Establishment of the Armed Forces Retirement Home. 
Sec. 1512. Residents of Retirement Home. 
Sec. 1513. Services provided residents. 
Sec. 1514. Fees paid by residents. 
Sec. 1515. Composition and operation of Retirement Home Board. 
Sec. 1516. Duties of Retirement Home Board. 
Sec. 1517. Directors and staff. 
Sec. 1518. Inspection by Inspector General of the Department of Defense. 
Sec. 1519. Retirement Home Trust Fund. 
Sec. 1520. Disposition of effects of deceased persons; unclaimed property. 
PART B—TRANSHTONAL PROVISIONS 
Sec. 1531. Transfer of trust funds relating to the Naval Home and the Soldiers' and 
Airmen's Home. 
Sec. 1532. Repeed of provisions relating to the Naval Home and the United States 
Soldiers' and Airmen's Home. 
Sec. 1533. Conforming amendments. 
PART C—EFFECTIVE DATE AND AUTHORIZATION OF APPROPRIATIONS 
Sec. 1541. Effective date. 
Sec. 1542. Authorization of appropriations for the United States Soldiers' and Air-
men's Home. 
TITLE XVI—CHARTER FOR 82ND AIRBORNE DIVISION ASSOCIATION, 
INCORPORATED 
Sec. 1601. Charter. 
Sec. 1602. Powers. 
Sec. 1603. Objects and purposes of corporation. 
Sec. 1604. Service of process. 
104 STAT. 1494 
PUBLIC LAW 101-510—NOV. 5, 1990 
Sec. 1605. Membership. 
Sec. 1606. Board of directors; composition; responsibilities. 
Sec. 1607. Officers of corporation. 
Sec. 1608. Restrictions. 
Sec. 1609. Liability. 
Sec. 1610. Books and records; inspection. 
Sec. 1611. Audit of financial transactions. 
Sec. 1612. Annual report. 
Sec. 1613. Reservation of right to amend, sdter, or repeal charter. 
Sec. 1614. Definition of state. 
Sec. 1615. Tax-exempt status. 
Sec. 1616. Termination. 
TITLE XVII—MISSILE TECHNOLOGY CONTROLS 
Sec. 1701. Policy. 
Sec. 1702. Amendment to the Export Administration Act of 1979. 
Sec. 1703. Amendment to the Arms Export Control Act. 
Sec. 1704. Report on missile proliferation. 
TITLE XVin—STRATEGIC ENVIRONMENTAL RESEARCH AND 
DEVELOPMENT PROGRAM 
Sec. 1801. Strategic Environmental Research emd Development Program. 
Sec. 1802. Availability of funds. 
Sec. 1803. Deadline for completion and execution of agreements with the Environ-
mental Protection Agency. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects inside the 
United States. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Ammunition demilitarization facility, Tooele Army Depot, Utah. 
Sec. 2106. Extension of certain prior year authorizations. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Defense access roads. 
Sec. 2205. Authorization of appropriations. Navy. 
Sec. 2206. Extension of certain prior year authorizations. 
TITLE XXm—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations. Air Force. 
Sec. 2305. Authorization of a facility. 
Sec. 2306. Termination of authority to carry out certain military construction 
project. 
Sec. 2307. Designation of installation. 
Sec. 2308. Restriction on relocation or realignment at Tonopah Research Site, 
Nevada. 
Sec. 2309. Extension of certain prior authorizations. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Family housing. 
Sec. 2403. Conforming storage facilities. 
Sec. 2404. Authorization of appropriations. Defense Agencies. 
Sec. 2405. Medical facility, Nellis Air Force Base, Nevada. 
Sec. 2406. Extension of certain prior year authorizations. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1495 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
Sec. 2503. Study and report by the Secretary of Defense. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE XXVII—EXPIRATION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations. 
TITLE XXVIII—GENERAL PROVISIONS 
PART A—CONSTRUCTION, LEASING, IMPROVEMENTS, DISPOSAL, AND UTIUZATION OF 
MILITARY INSTALLATIONS AND FACILITIES 
Sec. 2801. Dual basing. 
Sec. 2802. Limitation on construction at Crotone, Italy. 
Sec. 2803. Restrictions on leasing in the national capital region. 
Sec. 2804. Operation and control of the Pentagon Reservation. 
Sec. 2805. Revenue from transfer or disposal of Department of Defense real 
property. 
Sec. 2806. Revenue from leasing out Department of Defense assets. 
Sec. 2807. Sense of Congress concerning a military construction moratorium. 
PART B—MIUTARY CONSTRUCTION PROGRAM CHANGES 
Sec. 2811. One-year extension of military housing rental guarantee program. 
Sec. 2812. Family housing improvement threshold. 
PART C—LAND TRANSACTIONS 
Sec. 2821. Land conveyance, Redstone Arsenal, Alabama. 
Sec. 2822. Release and conveyance. Reserve Center at Little Rock, Arkansas. 
Sec. 2823. Land conveyance. Naval Weapons Station, Concord, California. 
Sec. 2824. Lease at Hunters Point Naval Shipyard, San Francisco, California. 
Sec. 2825. Transfer of lands, Pinon Canyon, Colorado. 
Sec. 2826. Land conveyance. Cape Henlopen, Delaware. 
Sec. 2827. Land conveyance, Eglin Air Force Base, Florida. 
Sec. 2828. Land conveyance. Naval Air Station, Cecil Field, Jacksonville, Florida. 
Sec. 2829. Land exchange, Fort Benning, Greorgia. 
Sec. 2830. Land conveyance, Robins Air Force Base, Greorgia. 
Sec. 2831. Land conveyance, Dillingham Military Reservation, Hawaii. 
Sec. 2832. Land conveyance. South Bend, Indiana. 
Sec. 2833. Land exchange, Lexington Park, Maryland. 
Sec. 2834. Land exchange at Marine Corps Finance Center, Kansfis City, Missouri. 
Sec. 2835. Exchange of interests, Camp Withycombe, Oregon. 
Sec. 2836. Conveyance at Fort Diouglas, Utah. 
Sec. 2837. Land conveyance. Naval Reserve Center, Burlington, Vermont. 
Sec. 2838. Land transfer, Arlington, Virginia. 
Sec. 2839. Land conveyance. Fort A.P. Hill Military Reservation, Virginia. 
Sec. 2840. Easement conveyance. Fort Lawton, Seattle, Washington. 
PART D—DEPARTMENT OF DEFENSE ENERGY SAVINGS 
Sec. 2851. Department of Defense energy savings program. 
Sec. 2852. Technical amendments. 
PART E—MISCELLANEOUS PROVISIONS 
Sec. 2861. Relocation of the Florida Solar Energy Center. 
Sec. 2862. Modification of height restriction in avigation easement. 
Sec. 2863. Henderson Hall, Arlington, Virginia. 
Sec. 2864. Additional authority for lease-purchase. 
Sec. 2865. Sale of aggregate. Naval Air Station, Miramar, California. 
Sec. 2866. Study to evaluate joint military-civilian use of military airfields. 
Sec. 2867. Negotiations for joint civilian and military use of the airfield at Wheeler 
Air Force Base, Hawaii. 
Sec. 2868. Extension of termination date for land conveyance at Eglin Air Force 
Base, Florida. 
104 STAT. 1496 
PUBLIC LAW 101-510—NOV. 5, 1990 
TITLE XXIX—DEFENSE BASE CLOSURES AND REALIGNMENTS 
PART A—DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION 
Sec. 2901. Short title. 
Sec. 2902. The Commission. 
Sec. 2903. Procedure 
for 
making 
recommendations 
for 
base 
closures 
and 
realignments. 
Sec. 2904. Closure and realignment of milit£u-y installations. 
Sec. 2905. Implementation. 
Sec. 2906. Account. 
Sec. 2907. Reports. 
Sec. 2908. Congressional consideration of Commission report. 
Sec. 2909. Restriction on other base closure authority. 
Sec. 2910. Definitions. 
Sec. 2911. Clarifying amendment. 
PART B—OTHER PROVISIONS RELATING TO DEFENSE BASE CLOSURES AND 
REAUGNMENTS 
Sec. 2921. Closure of foreign military installations. 
Sec. 2922. Modification of the content of biannual report of the Commission on 
alternative utilization of military facilities. 
Sec. 2923. Funding for environmental restoration at military installations sched-
uled for dlosure inside the United States. 
Sec. 2924. Community preference consideration in closure and realignment of mili-
tary installations. 
Sec. 2925. Recommendations of the Base Closure Commission. 
Sec. 2926. Contracts for certain environmental restoration activities. 
DIVISION C—OTHER NATIONAL DEFENSE AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS 
Sec. 3101. Operating expenses. 
Sec. 3102. Plant and capital equipment. 
Sec. 3103. Environmental restoration and waste management. 
Sec. 3104. Funding limitations. 
PART B—RECURRING GENERAL PROVISIONS 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for construction design. 
Sec. 3126. Authority for emergency construction design. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
PART C—MISCELLANEOUS 
Sec. 3131. Remanufacture of nuclear stockpile weapons. 
Sec. 3132. Laboratory-directed research and development programs. 
Sec. 3133. National Environmental Policy Act compliance report requirement. 
Sec. 3134. Report on environmental restoration expenditures. 
Sec. 3135. Department of Energy management plan for environmental restoration 
and waste management activities. 
Sec. 3136. Extension of authority to loan personnel and facilities to community 
development organizations near Hanford Reservation. 
Sec. 3137. Safety measures for waste tanks at Hanford Nuclear Reservation. 
Sec. 3138. Programs for persons who may have been exposed to radiation released 
from Hanford Nuclear Reservation. 
Sec. 3139. Payments for injuries believed to arise out of atomic weapons testing 
program. 
Sec. 3140. Repeal. 
Sec. 3141. Contractor liability for injury or loss of property arising out of atomic 
weapons testing programs. 
Sec. 3142. Sense of Congress on negotiating agreements to achieve a comprehensive 
test ban. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1497 
PART D—INTERNATIONAL FISSILE MATERIAL AND WARHEAD C!ONTROL 
Sec. 3151. Production of plutonium and highly enriched uranium for nuclear weap-
ons and disposal of nuclear stockpiles. 
Sec. 3152. Development and demonstration of means for warhead dismantlement 
verification. 
PART E—DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS 
Sec. 3161. Short title. 
Sec. 3162. Findings and purposes. 
Sec. 3163. Mission. 
Sec. 3164. Science education programs. 
Sec. 3165. Laboratory cooperative science centers and other authorized education 
activities. 
Sec. 3166. Education partnerships. 
Sec. 3167. Definitions. 
Sec. 3168. Authorization of appropriations. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
AUTHORIZATION 
Sec. 3201. Authorization. 
Sec. 3202. Appointment and compensation of scientific and technical personnel of 
the Defense Nuclear Facilities Safety Board. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Authority to barter material in the national defense stockpile to finsmce 
the upgrading, refining, or processing of stockpile material. 
Sec. 3302. Transfer of funds. 
TITLE XXXIV—CIVIL DEFENSE 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—PANAMA CANAL COMMISSION 
Sec. 3501. Short title. 
Sec. 3502. Authorization of expenditures. 
Sec. 3503. General provisions. 
Sec. 3504. Compensation for Board members. 
Sec. 3505. Compensation for Deputy Administrator and Chief Engineer. 
Sec. 3506. Retirement. 
Sec. 3507. Amendments to Panama Canal Compensation Fund Act of 1988. 
DIVISION D—ECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, 
AND STABILIZATION 
Sec. 4001. Short title. 
Sec. 4002. Findings and policy. 
Sec. 4003. Definitions. 
Sec. 4004. Continuation of EJconomic Adjustment Committee. 
TITLE XLI—ECONOMIC ADJUSTMENT PLANNING 
Sec. 4101. Notification. 
Sec. 4102. Economic adjustment planning assistance through the Department of 
Defense. 
Sec. 4103. Community economic adjustment assistance through the Economic 
Development Administration. 
TITLE XLII—ADJUSTMENT ASSISTANCE FOR EMPLOYEES 
Sec. 4201. Secretary of Defense notice requirement. 
Sec. 4202. Defense conversion adjustment program. 
Sec. 4203. Authorization of appropriations. 
TITLE XLm—EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS 
Sec. 4301. Expansion of small business loan program. 
Sec. 4302. Economic planning assistance for exceptional projects. 
Sec. 4303. Expansion of export financing for goods and services produced by firms 
and employees formerly engaged in defense production. 
Sec. 4304. Benefit information for businesses. 
104 STAT. 1498 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED 
For purposes of this Act, the term "congressional defense commit-
tees" means the Committees on Armed Services and the Committees 
on Appropriations of the Senate and House of Representatives. 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
PART A—FUNDING AUTHORIZATIONS 
SEC. 101. A R M Y 
(a) AIRCRAFT.—Funds are hereby authorized to be appropriated for 
fiscal year 1991 for procurement of aircraft for the Army in the 
amount of $1,274,383,000, of which $566,489,200 is for modification of 
aircraft. 
0?) MISSILES.—Funds are hereby authorized to be appropriated for 
fiscal year 1991 for procurement of missiles for the Army in the 
amount of $2,081,123,000, of which $135,374,000 is for modification of 
missiles. 
(c) WEAPONS AND TRACKED COMBAT VEHICLES.—Funds are hereby 
authorized to be appropriated for fiscal year 1991 for procurement of 
weapons and tracked combat vehicles for the Army in the amount of 
$2,063,672,000. 
(d) AMMUNITION.—Funds are hereby authorized to be appro-
priated for fiscal year 1991 for procurement of ammunition for the 
Army in the amount of $1,346,832,000. 
(e) OTHER PROCUREMENT.—Funds are hereby authorized to be 
appropriated for fiscal year 1991 for other procurement for the 
Army in the amount of $2,541,884,000, of which— 
(1) $609,575,000 is for tactical and support vehicles; 
(2) $1,118,747,000 is for communications and electronics equip-
ment; and 
(3) $813,562,000 is for other support equipment. 
SEC. 102. NAVY AND MARINE CORPS 
(a) AIRCRAFT.—Funds are hereby authorized to be appropriated for 
fiscal year 1991 for procurement of aircraft for the Navy in the 
amount of $8,107,698,000, of which $1,243,642,000 is for modification 
of aircraft. 
(jo) WEAPONS.—Funds are hereby authorized to be appropriated for 
fiscal year 1991 for procurement of weapons (including missiles and 
torpedoes) for the Navy in the amount of $5,981,191,000. Amounts 
authorized under the preceding sentence are available as follows: 
(1) For missile programs other than ballistic missile pro-
grams, $3,095,276,000. 
(2) For torpedo programs, $841,318,000 as follows: 
For the MK-48 torpedo program, $350,291,000. 
For the MK-50 torpedo program, $328,266,000. 
For the ASW target program, $26,409,000. 
For the ASROC program, $20,156,000. 
For the torpedo support equipment program, $55,278,000. 
For the antisubmarine warfare range support program, 
$24,382,000. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1499 
For first destination transportation, $8,700,000. 
(3) For other weapons, $202,146,000, of which— 
(A) $61,958,000 is for the MK-15 close-in weapon system; 
and 
(B) $81,292,000 is for the close-in weapon system modifica-
tion program. 
(4) For other ordnance, $233,241,000. 
(5) For spares and repair parts, $69,209,000. 
(c) SHIPBUILDING AND CONVERSION.—Funds are hereby authorized 
to be appropriated for fiscal year 1991 for shipbuilding and conver-
sion for the Navy in the amount of $9,414,800,000. Amounts au-
thorized under the preceding sentence are available as follows: 
For the Trident submarine program, $1,145,629,000. 
For 
the 
SSN-21 nuclear 
attack 
submarine 
program, 
$2,106,000,000. 
For the aircraft carrier service life extension program (SLEP), 
$113,068,000. 
For 
the 
DDG-51 
guided 
missile 
destroyer 
program, 
$3,222,003,000. 
For 
the 
LHD-1 
amphibious 
assault 
ship 
program, 
$959,800,000. 
For the LSD-41 cargo variant program, $240,000,000. 
, 
For the oceanographic research ship program, $43,100,000. 
For service craft and landing craft, $27,300,000. 
For the 
landing 
craft, 
air 
cushion 
(LCAC) progrgun, 
$267,900,000. 
For outfitting and post delivery, $335,600,000. 
For first destination transportation, $5,800,000. 
(d) OTHER PROCUREMENT, NAVY.—Funds are hereby authorized to 
be appropriated for fiscal year 1991 for other procurement for the 
Navy in the amount of $5,488,599,000. Amounts authorized under 
the preceding sentence are available for certain programs as follows: 
(1) For the ship support equipment program, $1,214,555,000. 
(2) For the communications and electronics equipment pro-
gram, $1,796,957,000. 
(3) For aviation support equipment, $370,787,000. 
(4) For 
the 
ordnance 
support 
equipment 
program, 
$544,836,000. 
(5) For civil engineering support equipment, $81,658,000. 
(6) For supply support equipment, $270,760,000. 
(7) For 
personnel 
and 
command 
support 
equipment, 
$743,728,000. 
(8) For spares and repair parts, $465,278,000. 
(e) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1991 for procurement for the Marine Corps in 
the amount of $752,479,000. 
SEC. 103. AIR FORCE 
(a) AIRCRAFT.—Funds are hereby authorized to be appropriated for 
fiscal year 1991 for procurement of aircraft for the Air Force in the 
amount of $9,805,933,000, of which $1,471,231,000 is available for 
modification of aircraft. 
0?) MISSILES.—Funds are hereby authorized to be appropriated for 
fiscal year 1991 for procurement of missiles for the Air Force in the 
amount of $6,109,469,000, of which $111,273,000 is available for 
modification of missiles. 
104 STAT. 1500 
PUBLIC LAW 101-510—NOV. 5, 1990 
(c) OTHER PROCUREMENT.—Funds are hereby authorized to be 
appropriated for fiscal year 1991 for other procurement for the Air 
Force in the amount of $7,826,452,000, of which— 
(1) $416,480,000 is for munitions and associated support 
equipment; 
(2) $137,963,000 is for vehicular equipment; 
(3) $1,376,092,000 is for electronics and telecommunications 
equipment; and 
(4) $5,895,917,000 is for other base maintenance and support 
equipment. 
SEC. 104. DEFENSE AGENCIES 
Funds are hereby authorized to be appropriated for fiscal year 
1991 for procurement for the Defense Agencies in the amount of 
$2,149,954,000, of which— 
(1) $161,500,000 is for electronic warfare procurement; and 
(2) $637,096,000 is for the Special Operations Command. 
SEC. 105. DEFENSE INSPECTOR GENERAL 
Funds are hereby authorized to be appropriated for fiscal year 
1991 for procurement for the Inspector General of the Department 
of Defense the amount of $981,000. 
SEC. 106. RESERVE COMPONENTS 
Funds are hereby authorized to be appropriated for fiscal year 
1991 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the 
Armed Forces as follows: 
(1) For the Army National Guard, $690,900,000. 
(2) For the Air National Guard, $389,700,000. 
(3) For the Army Reserve, $46,100,000. 
(4) For the Navy Reserve, $478,300,000. 
(5) For the Air Force Reserve, $137,700,000. 
(6) For the Marine Corps Reserve, $129,000,000. 
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM 
Funds are hereby authorized to be appropriated for fiscal year 
1991 for the destruction of lethal chemical weapons in accordance 
with section 1412 of the Department of Defense Authorization Act, 
1986 (Public Law 99-145; 99 Stat. 747) in the amount of $382,600,000. 
SEC. 108. MULTIYEAR AUTHORIZATIONS 
^ 
The Secretary of the military department concerned may use 
funds appropriated for fiscal year 1991 to enter into multiyear 
procurement contracts in accordance with section 2306(h) of title 10, 
United States Code, for the following programs: 
(1) For the Department of the Army: 
(A) UH-60L Helicopter Program. 
(B) Pedestal-Mounted Stinger (Avenger) Program. 
(C) Family of Medium Trucks. 
(2) For the Department of the Air Force: 
(A) The GPS Navstar Satellite Program. 
(B) The Defense Support Program. 
SEC. 109. REPEAL OF PRIOR MILESTONE AUTHORIZATIONS 
(a) PROCUREMENT PROGRAMS.—Section 106 of the National De-
fense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 
100-180; 101 Stat. 1034) is repealed. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1501 
(b) RDT&E PROGRAMS.—Section 216 of such Act (101 Stat. 1051) is 
repealed. 
PART B — B - 2 AIRCRAFT PROGRAM 
SEC. 121. LIMITATION ON OBLIGATIONS 
Of the amount appropriated pursuant to section 103 for procure-
ment of aircraft for the Air Force, not more than $2,349,308,000 may 
be obligated for procurement of B-2 aircraft. 
PART C—OTHER STRATEGIC PROGRAMS 
SEC. 131. SRAM II MISSILE PROGRAM 
None of the funds appropriated for fiscal year 1991 for procure-
ment for the Air Force may be obligated for the SRAM II missile 
program (other than funds for peculiar support equipment and the 
industrial modernization improvement program) until the Secretary 
of Defense certifies to the congressional defense committees that 
development flight tests for that missile demonstrate that the mis-
sile (including the rocket motor propellant) meets the established 
performance criteria. 
SEC. 
1
3
2
. 
GROUND-WAVE 
EMERGENCY 
NETWORK 
None of the funds appropriated pursuant to this or any other Act 
may be obligated or expended for site preparation or construction of 
£iny tower or related support facility for the Ground-Wave Emer-
gency Network (GWEN) System until— 
(1) the Secretary of Defense provides for the conduct of an 
independent study of such system on the health effects and 
environmental impact of the system on surrounding local juris-
dictions; and 
(2) a report containing the results of such study, together with 
Reports. 
the Secretary's comments and recommendations concerning the 
report, has been submitted to the congressional defense commit-
tees and a period of 15 days has elapsed sifter the report is 
received. 
SEC. 133. B-IB AIRCRAFT PROGRAM 
Section 121(eX3XC) of Public Law 101-189 (103 Stat. 1380) is 
amended by striking out "in the late 1990s" and inserting in lieu 
thereof "in 2010". 
SEC. 134. PROHIBITION ON OBLIGATION OR EXPENDITURE OF FISCAL 
YEAR 1990 FUNDS FOR MX RAIL GARRISON PROCUREMENT 
Funds appropriated for fiscal year 1990 for procurement of mis-
siles for the Air Force may not be obligated or expended for the MX 
Rail Garrison program. 
SEC. 135. REPORT ON ALTERNATIVE MX MISSILE TEST PLANS 
(a) REPORT.—The Secretary of Defense shall submit to Congress a 
report on alternative MX missile test pleins. The report shall be 
submitted, in both classified and unclassified forms, by August 1, 
1991. 
(b) CONTENT OF REPORT.—The report required by subsection (a) 
shall include the following matters: 
104 STAT. 1502 
PUBLIC LAW 101-510—NOV. 5, 1990 
(1) A description of the guidelines established by the Chair-
man of the Joint Chiefs of Staff for assessing the reliability of 
the MX missile during Phase II Operational Testing. 
(2) A description of the currently planned Phase II Oper-
ational Test program for the MX missile. 
(3) A complete assessment of the extent to which the guide-
lines described in paragraph (1) will be met under the MX 
missile Phase II Operational Test program described in para-
graph (2). 
(4) A complete assessment of the extent to which the guide-
lines described in paragraph (1) could be met under the MX 
missile Phase II Operational Test program if the total number 
of MX missiles procured were reduced from the planned 173 
missiles to (A) 126 missiles, and (B) 150 missiles. 
(5) A description and net assessment of any other significant 
effects of reducing the number of MX test missiles as described 
in paragraph (4), including (A) an estimate of the associated cost 
savings, and (B) a description of the effect on existing contrac-
tual obligations and how the associated costs could be 
minimized. 
(6) A full description of how information from sources other 
than missile flight testing, including inspection of missile silos, 
aging and surveillance programs, production quality control, 
experience with previously deployed missile systems, and sim-
ulation, is factored into the assessment of missile reliability. 
SEC. 136. LIMITATION ON ADVANCE PROCUREMENT OF ADVANCED 
CRUISE MISSILE 
Of the amount appropriated pursuant to section 103 for Missile 
Procurement, Air Force, that is available for advance procurement 
of the Advanced Cruise Missile, not more than $64,400,000 may be 
obligated until— 
(1) a Defense Acquisition Board determines— 
(A) the total number of Advanced Cruise Missiles that 
will be acquired; 
(B) the acquisition strategy that will be used to acquire 
the missiles; and 
(C) the suitability of the program to enter into a full 
production rate of 250 missiles annually; 
(2) the scheduled follow-on operational flight tests are com-
pleted in fiscal year 1991; 
(3) the Secretary of Defense certifies to the congressional 
defense committees that the results of those flight tests dem-
onstrate that the performance of the Advanced Cruise Missile 
meets the established requirements to proceed to a full-rate 
production decision; and 
Reports. 
(4) the Secretary of Defense submits to the congressional 
defense committees a report on the determinations of the 
Defense Acquisition Board made under paragraph (1). 
SEC. 137. LIMITATION ON OBLIGATION OF FUNDS FOR KC-135R AIRCRAFT 
RE-ENGINING MODIFICATION PROGRAM 
(A) LIMITATION.—Funds appropriated pursuant to this Act may 
not be obligated for the KC-135R tanker aircraft re-engining modi-
fication program until the Secretary of Defense— 
(1) conducts a defense-wide reassessment of requirements for 
tanker aircraft and the cost effectiveness of additional conver-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1503 
sions of the E and Q models of the KC-135 giircraft to the R 
configuration as compared with maintaining the A models of 
that aircraft; and 
(2) submits a report on the results of the reassessment to the 
congressional defense committees. 
Ot)) REASSESSMENT.—In carrying out the reassessment, the Sec-
retary shall take into consideration— 
(1) current and planned force structure reductions; 
(2) changes in the Single Integrated Operating Plan (SIOP); 
and 
(3) changes in United States contingency planning. 
PART D—ARMY PROGRAMS 
SEC. 141. AD 
ATS MISSILE SYSTEM 
(a) LIMITATION.—The Secretary of the Army may not obligate any 
funds after the date of the enactment of this Act for a payment 
under the ADATS air defense program for contractor corrections of 
system reliability deficiencies to meet original program specifica-
tions for the system. 
Qo) EXCEPTION.—This section does not preclude the obligation of 
funds to pay for product improvements approved by the Govern-
ment before Initial Operational Test and Evaluation. 
SEC. 142. M-1 A B R A M S TANK PROGRAM 
(a) LIMITATION.—Of the funds appropriated or otherwise made 
available for procurement of weapons and tracked combat vehicles 
for the Army for fiscal year 1991, the Secretary of the Army, subject 
to subsection (b), may use any or all of the $150,000,000 provided for 
advance procurement (1) to buy Ml tanks in the M1A2 configura-
tion, or (2) to initiate an Ml-to-MlA2 conversion program. 
(b) CERTIFICATION.—The advance procurement funds described in 
subsection (a) may not be used for a purpose described in that 
subsection until the Secretary of the Army certifies to the congres-
sioned defense committees that the M1A2 tank has successfully 
completed development and operational tests. 
SEC. 143. PROCUREMENT OF AHIP SCOUT HELICOPTERS 
Section 1330t))(l) of Public Law 101-189 (103 Stat. 1383) is 
amended— 
(1) by striking out "Subject to subsection (c), the" and insert-
ing in lieu thereof "The"; 
(2) by striking out "and" at the end of subparagraph (B); 
(3) by striking out the period at the end of subparagraph (C) 
and inserting in lieu thereof "; and"; and 
(4) by adding at the end the following: 
"(D) the obligation of not more than $200,000,000 from funds 
appropriated pursuant to an authorization of appropriations for 
the OH-58D AHIP Scout aircraft program during fiscal year 
1991 for procurement of not more than 36 OH-58D Armed 
AHIP Scout aircraft and for payment of costs necessary to 
terminate the AHIP Scout aircraft program.". 
SEC. 144. PROVISION OF CH-47 AIRCRAFT FOR THE ARMY NATIONAL 
GUARD 
(a) TRANSFER OF AIRCRAFT TO AIR NATIONAL GUARD.—Of 
the 
modified CH-47 aircraft procured with funds appropriated or other-
104 STAT. 1504 
PUBLIC LAW 101-510—NOV. 5, 1990 
wise made available in fiscal year 1991, the Secretary of the Army 
shall distribute not less than 24 such aircraft to the Army National 
Guard of the United States, £is provided in subsection (b). 
(b) PLAN REQUIRED.—(1) The Secretary of the Army shall develop 
a plan to retire— 
(A) not less than 24 CH-54 aircraft assigned to the Army 
National Guard of the United States not later than September 
30,1992; and 
(B) all remaining CH-54 aircraft assigned to the Army Na-
tional Guard of the United States not later than September 30, 
1993. 
(2) For each CH-54 aircraft assigned to the Army National Guard 
of the United States that is retired by the Secretary of the Army on 
or after the date of enactment of this Act, the Secretary shall 
transfer one of the CH-47 aircraft referred to in subsection (a) to the 
Army National Guard of the United States. 
PART E—NAVY AND MARINE CORPS PROGRAMS 
SEC. 151. A-12 AIRCRAFT PROGRAM 
(a) FUNDING.—Of the funds authorized to be appropriated or 
otherwise made available for aircraft procurement for the Navy for 
fiscal year 1991, $610,000,000 shall be available for the A-12 aircraft 
program. Such funds— 
(1) may be used only for an A-12 program— 
(A) that conforms to the pricing provisions of existing 
contracts, adjusted for quantity and inflation, as appro-
priate; or 
(B) that is restructured to reduce technical and schedule 
risks arising from concurrency and for which the new 
program price is based on actual contract cost data from the 
pre-restructured program; and 
(2) may not be obligated or expended until 45 days after the 
date on which the Secretary of Defense submits to the congres-
sional defense committees the report described in subsection (d). 
O
b
) DEFENSE SCIENCE BOARD PANEL.—The Secretary of Defense 
shall establish a special panel of the Defense Science Board to 
examine the requirements of the Navy established for the A-12 
aircraft and to assess the inherent suitability of the current A-12 
design and its projected execution for meeting the requirements of 
the Navy for medium-attack aircraft (including low observability) 
through the projected life of the system. 
(c) NAVY REVIEW COMMITTEE.—The Secretary of the Navy shall 
establish an A-12 review committee to be independent of the A-12 
program office. The review committee shall be chaired by the 
Reports. 
Inspector General of the Navy. The committee shall submit quar-
terly reports to the Secretary of the Navy and the Secretary of 
Defense on the cost, schedule, and performance status of the pro-
gram (including technical performance and projected operating 
weight) until the A-12 aircraft completes its first deployment. 
(d) REPORT.—The report required by subsection (a) shall include 
the following: 
(1) A program cost estimate for the A-12 program as deter-
mined by the Department of Defense Cost Analysis Improve-
ment Group (CAIG). 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1505 
(2) An assessment of when flight testing of the A-12 aircraft 
will begin. 
(3) A summary of the report of the panel established under 
subsection (b), together with such comments as the Secretary 
considers appropriate. 
(4) Certification that the review committee required by 
subsection (c) has been established. 
(5) The views of the Secretary on the appropriateness of fixed-
price type contracts for full-scale development of the A-12 
aircrgift, including any views concerning possible renegotiation 
of any A-12 contracts with the prime contractors. 
(6) Any other views or recommendations of the Secretary of 
Defense that the Secretary considers appropriate. 
SEC. 152. V-22 AIRCRAFT PROGRAM 
(a) FUNDING.—Of the funds authorized to be appropriated or 
otherwise made available for aircraft procurement for the Navy for 
fiscal year 1991, $165,000,000 shall be available for the V-22 aircraft 
program. 
G)) LIMITATION.—Funds described in subsection (a) and the amount 
of $200,000,000 appropriated for the Navy for fiscal year 1989 for 
procurement of aircraft that remains available for obligation for the 
V-22 program may be used only for advance procurement of produc-
tion representative V-22 aircraft, support equipment, and related 
activities, as required to conduct the operational tests approved by 
the Director of Operational Test and Evaluation (DOT&E) pursuant 
to section 138 of title 10, United States Code. 
(c) STATUS AS MAJOR DEFENSE ACQUISITION PROGRAM.—The V-22 
aircraft program shall be considered to be a major defense acquisi-
tion program within the mesming of section 2430 of title 10, United 
States Code, and shall be managed and reported accordingly. 
SEC. 153. PROCUREMENT OF MlAl MAIN BATTLE TANKS FOR THE MARINE 
CORPS 
Of the funds appropriated for advanced procurement for the 
Marine Corps for fiscal year 1990, not more than $62,400,000 of any 
such funds that remain available for obligation shall be available for 
procurement of MlAl main battle tanks. 
SEC. 154. POLICY FOR SSN-21 SUBMARINE PROCUREMENT 
The funds authorized to be appropriated by this Act for fiscal year 
1991 for the SSN-21 nuclear attack submarine program are to be 
obligated in accordance with applicable law, policies, and regula-
tions. This section may not be construed as expressing a preference 
for any particular method of contracting for the SSN-:21 submarine 
authorized by this Act. 
SEC. 155. MH-53 MINESWEEPER HELICOPTER 
Of the amounts authorized to be appropriated pursuant to section 
106 for reserve component equipment, $336,000,000 shall be avail-
able for procurement of MH-53 minesweeper helicopters for the 
Navy Reserve. 
SEC. 156. AH-IW HELICOPTERS 
(a) FISCAL YEAR 1990 FUNDS.—Of the amounts appropriated for 
National Guard and Reserve equipment for fiscal year 1990, 
$58,600,000 is authorized to be available for procurement of six 
AH-IW helicopters for the Marine Corps Reserve. 
104 STAT. 1506 
PUBLIC LAW 101-510—NOV. 5, 1990 
(b) FISCAL YEAR 1991 FUNDS.—Of the amounts authorized to be 
appropriated pursuant to section 106 for reserve component equip-
ment, $79,000,000 shall be available for procurement of eight 
AH-IW helicopters for the Marine Corps Reserve. 
SEC. 157. LABORATORY EQUIPMENT FOR NAVY INDUSTRIAL-FUNDED 
ACTIVITIES 
Of the amount authorized to be appropriated pursuant to section 
102 for other procurement for the Navy, $98,000,000 shall be avail-
able (as provided in the President's budget) for acquisition of labora-
tory equipment for Navy industrial-funded activities. 
PART F—NONSTRATEGIC AIR FORCE PROGRAMS 
SEC. 161. C-17 AIRCRAFT PROGRAM FUNDING AND LIMITATIONS FOR 
FISCAL YEAR 1991 
(aXl) AMOUNT AUTHORIZED.—Of the amounts appropriated pursu-
ant to section 103(1)— 
(A) not more than $400,000,000 may be obligated for procure-
ment of C-17 aircraft; 
(B) not more than $60,000,000 may be obligated for advance 
procurement of C-17 aircraft; 
(C) not more than $80,000,000 may be obligated for procure-
ment of initial spare parts C-17 aircraft. 
(2) Nothing in this provision shall preclude the obligation of 
additional funds for the C-17 aircraft program out of funds trans-
ferred under section 1401. 
(b) LIMITATION.—The Secretary of the Air Force may not obligate 
any funds appropriated pursuant to section 103 for procurement of 
the C-17 aircraft (other than funds for advance procurement for 
fiscal year 1992) until the Secretary of Defense certifies to the 
congressional defense committees that a production C-17 aircraft 
has successfully completed it first flight. 
SEC. 162. TACIT RAINBOW PROGRAM 
Repo"^- 
The Secretary of the Air Force may not obligate any funds to 
establish a second source for procurement of the TACIT Rainbow 
system until the Secretary submits to the congressional defense 
committees a report describing total program quantities to be pro-
cured and the cost effectiveness of proceeding with two sources of 
production. 
SEC. 163. CHEMICAL-BIOLOGICAL COLLECTIVE PROTECTION SYSTEMS 
(a) TERMINATION OF PROCUREMENT OF SURVIVABLE COLLECTIVE 
PROTECTION SYSTEM.—After the date of the enactment of this Act, no 
funds may be obligated for procurement of the Survivable Collective 
Protection System. 
Reports. 
(b) LIMITATION ON PROCUREMENT OF TRANSPORTABLE COLLECTIVE 
PROTECTION SYSTEM.—None of the funds appropriated pursuant to 
this Act may be obligated for procurement of the Transportable 
Collective Protection System until the Secretary of Defense submits 
to the congressional defense committees a report setting forth— 
(1) the overall requirements for the program; 
(2) the rationale for the program in light of the chemical 
weapons arms control agreement between the United States 
and the Soviet Union and the efforts to achieve a multilateral 
ban on all chemical weapons; 
PUBLIC LAW 101-510—NOV. 5. 1990 
104 STAT. 1507 
(3) the anticipated distribution of assets to be procured under 
the program, shown by geographic region and by military 
forces; and 
(4) total progrgun costs. 
(c) EXCEPTION FOR OPERATION DESERT SHIELD.—The limitation in 
subsection (b) shall not apply with respect to any procurement in 
connection with Operation Desert Shield. 
SEC. 164. RE-ENGINING FOR CERTAIN RECONNAISSANCE AIRCRAFT 
Of the funds appropriated pursuant to section 103, $54,600,000 
shall be available for re-engining the TR-1 and U-2 reconnaissance 
aircraft. 
PART G—CHEMICAL MUNITIONS 
SEC. 
171. ANNUAL REPORT ON SAFETY OF CHEMICAL 
WEAPONS 
STOCKPILE 
(a) ADDITIONAL ITEMS FOR ANNUAL REPORT ON CHEMICAL WEAPONS 
DEMILITARIZATION PROGRAM.—Subsection (g)(3) of section 1412 of 
Public Law 99-145 (50 U.S.C. 1521) is amended— 
(1) by striking out "and" at the end of subparagraph (A); 
(2) by striking out the period at the end of subparagraph (B) 
and inserting in lieu thereof "; and"; and 
(3) by adding at the end the following: 
"(C) an assessment of the sgifety status and the integrity of the 
stockpile of lethal chemical agents and munitions subject to this 
section, including— 
"(i) an estimate on how much longer that stockpile can 
continue to be stored safely; 
"(ii) a site-by-site assessment of the ssifety of those agents 
and munitions; and 
"(iii) a description of the steps taken (to the date of the 
report) to monitor the safety status of the stockpile and to 
mitigate any further deterioration of that status.'. 
Ot)) TECHNICAL AMENDMENTS.—Subsections (a)(1) gmd (h)(1) of such 
section are amended by striking out "the date of the enactment of 
this Act" and inserting in lieu thereof "November 8,1985". 
SEC. 172. FUNDING CLARIFICATION FOR CHEMICAL WEAPONS STOCK-
PILE DISPOSAL PROGRAM 
Subsection (c) of section 1412 of Public Law 99-145 (50 U.S.C. 1521) 
is amended by adding at the end the following paragraph: 
"(3) In order to carry out subparagraph (A) of paragraph (1), the 
Secretary may make grants to State and local governments (either 
directly or through the Federal Emergency Management Agency) to 
assist those governments in carrjdng out functions relating to emer-
gency preparedness and response in connection with the disposal of 
the lethal chemical agents and munitions referred to in subsection 
(a). Funds available to the Department of Defense for the purpose of 
carrying out this section may be used for such grants.". 
SEC. 173. CHEMICAL WEAPONS STOCKPILE SAFETY CONTINGENCY PLAN 50 USC 1511 
(a) DEVELOPMENT OF PLAN.—The Secretary of Defense shall ^° 
develop a plan setting forth the steps the Department of Defense 
would take if the chemical weapons stockpile of the United States 
began an accelerated rate of deterioration (or experienced any other 
event which called into question its continued safe storage) before a 
104 STAT. 1508 
PUBLIC LAW 101-510—NOV. 5, 1990 
comprehensive full-scale chemical weapons disposal capability is 
developed. The plan shall address— 
(1) the schedule that would have to be followed to put the plan 
into effect; 
(2) the level of funding that would be required to put the plan 
into effect; 
(3) the equipment and other resources that would be required 
to put the plan into effect; and 
(4) an assessment of how quickly the plan could be placed into 
effect in the event of an emergency. 
(b) UPDATES.—The Secretary shall periodically update the plan 
developed pursuant to subsection (a) as needed. 
(c) SUBMISSION TO CONGRESS.—The Secretary shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a copy of the plan developed pursuant to subsection (a). 
The submission shall be made not later than 180 days after the date 
of the enactment of this Act. 
PART H—OTHER PROGRAMS 
SEC. 181. PROGRAM TERMINATIONS 
(a) 155-MiLiJMETER NUCLEAR PROJECTILE PROGRAM.—Funds appro-
priated for the Department of Defense for fiscal year 1991 or for any 
fiscal year thereafter may not be obligated for the W-82 155-
millimeter nuclear projectile program. 
(b) FOLLOW-ON TO LANCE PROGRAM.—Funds appropriated for the 
Department of Defense for fiscal year 1991 or any fiscal year 
thereafter may not be obligated for the Follow-on to Lance Program. 
(c) STATUTORY CONSTRUCTION.—A provision of law enacted after 
the date of enactment of this Act may not be construed as modifying 
or superseding any provision of this section unless that provision 
specifically refers to this section and specifically states that such 
provision of law modifies or supersedes this section. 
SEC. 182. ELECTRONIC WARFARE PROCUREMENT 
(a) LIMITATION ON USE OF FUNDS.—Funds appropriated pursuant 
to this Act may be obligated or expended for procurement for a 
program described in subsection (d) only at levels sufficient to 
sustain existing production capabilities at minimum essential levels. 
The limitation in the preceding sentence shall cease to apply with 
respect to any such program when a certification under subsection 
(b) with respect to that program is made. 
(b) PRODUCTION DECISION.—A decision to proceed with production 
of a program described in subsection (d) at a rate beyond that 
permitted under subsection (a) may not be made within the Depart-
ment of Defense until the Director of Operational Test and Evalua-
tion of the Department of Defense certifies to the congressional 
defense committees— 
(1) that the program has undergone thorough and effective 
operational testing; and 
(2) that, on the basis of that testing, the Director has deter-
mined that the program meets or exceeds all operational cri-
teria established for the program. 
(c) MODERNIZATION PROGRAM.—The Under Secretary of Defense 
for Acquisition shall establish an affordable, cost-effective joint 
electronic warfare modernization program for the Navy and Air 
Force that eliminates redundancy among the programs described in 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1509 
subsection (d), maximizes commonality £imong those programs, and 
meets essential operational requirements. Such program shall be 
established not later than March 1,1991. 
(d) COVERED PROGRAMS.—This section applies to the Airborne Self 
Protection Jammer (ASPJ), the ALQ-135 device, the ALQ-184 
device, and a classified Air Force program. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
PART A—AUTHORIZATIONS 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS 
Funds are hereby authorized to be appropriated for fiscal year 
1991 for the use of the Armed Forces for research, development, test, 
and evaluation as follows: 
(1) For the Army, $5,732,749,000. 
(2) For the Navy, $9,417,934,000. 
(3) For the Air Force, $12,664,662,000. 
(4) For the Defense Agencies, $8,280,558,000 of which— 
(A) $251,619,000 is authorized for the activities of the 
Deputy Director, Defense Research and Engineering (Test 
and Evaluation); and 
(B) $15,000,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
SEC. 202. AMOUNTS FOR BASIC RESEARCH AND EXPLORATORY DEVEL-
OPMENT 
(a) FISCAL YEAR 1991.—Of the gunounts appropriated pursuant to 
section 201, $3,770,233,000 shall be available for basic research and 
exploratory development projects. 
O
b
) BASIC RESEARCH AND EXPLORATORY DEVELOPMENT DEFINED.— 
For purposes of this section, the term "basic research and explor-
atory development" means work funded in program elements for 
defense research and development under Department of Defense 
category 6.1 or 6.2. 
PART B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS 
SEC. 211. V-22 OSPREY AIRCRAFT PROGRAM 
(a) FUNDING.—Of the amount authorized to be appropriated 
pursuant to section 201, $238,000,000 shall be available for research, 
development, test, and evaluation in connection with the V-22 
aircraft program. 
(b) PROHIBITION OF ALTERNATIVES.—None of the funds appro-
priated pursuant to section 201 may be used for research, develop-
ment, test, and evaluation for a replacement aircraft to perform the 
medium-lift mission other than the V-22 aircraft. 
SEC. 212. ARMY SCOUT ATTACK HELICOPTER PROGRAM 
The Secretary of the Army shall establish a technical demonstra-
tion program for a combat helicopter by restructuring the light 
helicopter program to produce prototjrpes of such a helicopter for 
evaluation before a decision is made to proceed with full-scale 
development. 
104 STAT. 1510 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 213. ADVANCED TACTICAL FIGHTER PROGRAM 
(a) IN GENERAL.—The Secretary of the Air Force shall complete 
the demonstration and validation phase and the design selection 
process for the Advanced Tactical Fighter for the Air Force. 
(b) PROHIBITION ON FULL-SCALE DEVELOPMENT.—Funds appro-
priated or otherwise made available pursuant to this or any other 
Act for the Air Force for fiscal year 1991, or a prior fiscal year, may 
not be obligated for full-scale development activities in connection 
with the Advanced Tactical Fighter of the Air Force. 
SEC. 214. ARMORED GUN SYSTEM 
The Secretary of the Army shall prescribe an acquisition plan for 
the procurement of an armored gun system. The plan shall pro-
vide— 
(1) for acquisition of an armored gun system which is a 
nondevelopmental item; and 
(2) for fielding of such system to the first unit during fiscal 
year 1995 if there is an approved program start for such system 
by the Office of the Secretary of Defense during fiscal year 1991. 
SEC. 215. FLEET ELECTRONIC WARFARE SUPPORT GROUP 
(a) RETIREMENT OF CURRENT AIRCRAFT.—The Secretary of the 
Navy shall retire the ERA-3B aircraft currently assigned to the 
Fleet Electronic Warfare Support Group not later than September 
30,1993. 
(b) ACQUISITION OF REPLACEMENT AIRCRAFT.—The Secretary of the 
Navy shall initiate a competition to acquire a replacement aircraft 
for the Fleet Electronic Warfare Support Group within 60 days after 
the date of the enactment of this Act. The Secretary shall acquire 
such aircraft by direct procurement or by lease entered into under 
section 328 of the National Defense Authorization Act, Fiscal Year 
1989 (Public Law 100-456; 102 Stat. 1957). 
SEC. 216. VANDENBERG AIR FORCE BASE TITAN IV LAUNCH FACILITY 
Funds appropriated for the Air Force for fiscal year 1991 may be 
obligated for an additional Titan IV launch facility only if the funds 
are used to convert the existing Space Launch Complex Six facility 
at Vandenberg Air Force Base, California, for use as a Titan IV 
launch facility. 
SEC. 217. ADVANCED COMMUNICATIONS SATELLITE RELAY SYSTEM 
(a) SYSTEM REQUIREMENTS.—The Secretary of Defense shall 
develop and carry out a plan for a system other than, and in the 
place of, the currently planned MILSTAR communications satellite 
system to meet requirements for an advanced communications sat-
ellite relay system. The system to be developed and carried out shall 
either be a restructured MILSTAR program or an alternative 
advanced communications satellite relay system and shall be devel-
oped with the objectives o
f
— 
(1) substantially reducing the cost of the program compared to 
the present cost of the MILSTAR program as currently planned; 
(2) increasing the utility of the program for tactical forces; 
and 
(3) eliminating 
unnecessary 
capabilities for protracted 
nuclear warfighting missions and operations. 
OJ) REPORT.—Not later than April 1,1991, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1511 
system planned under subsection (a), as provided in the classified 
and unclassified joint statement of managers accompanying the 
conference report on H.R. 4739 of the One Hundred First Congress. 
(c) FUNDING LIMITATION.—Except as provided in subsection (d), of 
the funds appropriated to the Department of Defense for fiscal year 
1991, not more than a total of $600,000,000 may be obligated or 
expended for the following: 
(1) The MILSTAR program. 
(2) The restructured MILSTAR program or the proposed alter-
native system required under subsection (a), whichever is 
developed. 
(d) TRANSFER AUTHORITY,—(1) The Secretary of Defense may 
transfer to the MILSTAR program (including the restructured 
MILSTAR program or the alternative system) amounts of authoriza-
applicable reprogramming procedures. The amount of the limitation 
in subsection (c) shall be increased by any amount so transferred. 
(2) The authority to transfer funds under this section is not in 
addition to the transfer authority provided in section 1401. 
(3) The Secretary shall promptly notify the congressional defense 
committees of any transfer proposed to be made under this subsec-
tion. 
(e) TRANSFERS WITHIN THE MILSTAR PROGRAM.—(1) Subject to 
the limitation in subsection (c), the Secretary of Defense may trans-
fer amounts of authorizations made available for the restructured 
MILSTAR program or the alternative system between title I and 
title II for use for the restructured MILSTAR program or the 
alternative system. 
(2) The authority to transfer funds under this section is not in 
addition to the transfer authority provided in section 1401. 
(3) The Secretary shall promptly notify the congressional defense 
committees of any transfer made under this subsection. 
(JD INAPPLICABILITY OF SECTION.—This section does not apply— 
(1) to the extremely high frequency communications package 
for the ultra high frequency follow-on satellite program; or 
(2) to the extremely high frequency terminal programs of the 
Navy. 
SEC. 218. PROHIBITION ON TESTING MID-INFRARED ADVANCED CHEMI-
CAL LASER AGAINST AN OBJECT IN SPACE 
The Secretary of Defense may not carry out a test of the Mid-
Infrared Advanced Chemical Laser (MIRACL) transmitter and asso-
ciated optics against an object in space during 1991 unless such 
testing is specifically authorized by law. 
PART C—STRATEGIC DEFENSE INITIATIVE 
SEC. 221. STRATEGIC DEFENSE INITIATIVE PROGRAM STRUCTURE AND 10 USC 2431 
LIMITATIONS ON SPENDING 
note. 
(a) PROGRAM ELEMENTS.—(1) The following program elements 
shall be the exclusive program elements for the Strategic Defense 
Initiative: 
(A) Phase I Defenses. 
(B) Limited Protection Systems. 
(C) Theater and ATBM Defenses. 
(D) Follow-On Systems. 
(E) Research and Support Activities. 
104 STAT. 1512 
PUBLIC LAW 101-510—NOV. 5, 1990 
(2) The program elements in paragraph (1) shall be the only 
program elements used in the program and budget information 
concerning the Strategic Defense Initiative submitted to Congress 
by the Secretary of Defense in support of the budget submitted to 
Congress by the President under section 1105 of title 31, United 
States Code, for any fiscal year after fiscal year 1991. 
(b) 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OBJEC-
TIVES.— 
(1) PHASE I DEFENSES.—The Phase I Defenses program ele-
ment shall include programs, projects, and activities which have 
as a primary objective the development of systems, components, 
and architectures for a strategic defense system capable of 
providing low to moderate defensive capabilities against a large-
scale ballistic missile attack against the United States. Such 
activities may include those necessary to develop systems, 
components, and architectures capable of providing an early 
deplo5mient option against limited attacks, including accidental, 
unauthorized, or deliberate launch of a small number of ballis-
tic missiles. 
(2) LIMITED PROTECTION SYSTEMS.—The Limited Protection 
Systems program element shall include programs, projects, and 
activities which have as a primary objective the development of 
systems and components which, if deployed as a limited defense, 
would not be in violation of the 1972 ABM Treaty. For purposes 
of planning, evaluation, design, and effectiveness studies, such 
programs, projects, and activities may take into consideration 
both the current numerical limitations of the 1972 ABM Treaty 
and modest changes to those numerical limitations. 
(3) THEATER AND ATBM DEFENSES.—The Theater and ATBM 
Defenses program element shall include programs, projects, and 
activities which have as a primary objective— 
(A) the development of deployable and rapidly relocatable 
anti-tactical ballistic missile (ATBM) defenses for forward 
deployed and expeditionary United States armed forces, 
and 
(B) cooperation with friendly and allied nations in the 
development of theater defenses against tactical ballistic 
missiles. 
(4) FOLLOW-ON SYSTEMS.—The Follow-On Systems program 
element shall include programs, projects, and activities which 
have as a primary objective the development of technologies 
capable of supporting systems, components, and architectures 
that could produce highly effective defenses for deployment 
after the beginning of the twenty-fi^st century. 
(5) RESEARCH AND SUPPORT ACTIVITIES.—The Research 
and 
Support Activities program element shall include programs, 
projects, and activities which have as a primary objective— 
(A) the provision of basic research and technical, 
engineering, and managerial support to the programs, 
projects, and activities within the program elements in 
parEigraphs (1) through (4); 
(B) innovative science and technology projects; 
(C) the provision of test and evaluation services; and 
(D) program management. 
(c) FUNDING LIMITATIONS.—(1) Of the amounts appropriated 
pursuant to section 201 or otherwise made available to the Depart-
ment of Defense for research, development, test, and evaluation for 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1513 
fiscal year 1991, not more than $2,890,000,000 may be obligated for 
the Strategic Defense Initiative. 
(2) Of the amount described in paragraph (1)— 
(A) not more than $817,300,000 shall be available for pro-
grams, projects, and activities within the Pheise I Defenses 
program element; 
(B) not more than $389,000,000 shall be available for pro-
grams, projects, and activities within the Limited Protection 
Systems program element; 
(C) not more than $180,000,000 shall be available for pro-
grams, projects, and activities within the Theater and ATBM 
Defenses program element; 
(D) not more than $754,300,000 shall be available for pro-
grams, projects, and activities within the Follow-On Systems 
program element; and 
(E) not more than $749,400,000 shall be available for pro-
grams, projects, £ind activities within the Research and Support 
Activities program element. 
(3) Funds may be obligated for programs, projects, and activities 
which have as their primary purpose the support of the Brilliant 
Pebbles space-based interceptor system only through programs, 
projects, and activities within the Phase I Defenses program 
element. 
(4) Not later than 90 days after the date of the enactment of this Reports. 
Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the allocation of funds appropriated 
for the Strategic Defense Initiative for fiscal year 1991. The report 
shall specify the amount of such funds allocated for each program, 
project, and activity of the Strategic Defense Initiative and shall list 
each program, project, and activity under the appropriate program 
element. 
(5)(A) Before the submission of the report required under para-
graph (4) and notwithstanding the limitations in paragraph (2), the 
Secretary of Defense may transfer funds among the progrgun ele-
ments described in paragraph (2). 
(B) The total amount that may be transferred to or from any 
program element described in paragraph (2)— 
(i) may not exceed 10 percent of the amount provided in such 
paragraph for the program element from which the transfer is 
made; and 
(ii) may not result in an increase of more than 10 percent of 
the amount provided in such paragraph for the program ele-
ment to which the transfer is made. 
(C) Amounts transferred pursuant to subparagraph (A) shall be 
merged with and be available for the same purposes as the amounts 
to which transferred. 
(d) DEFINITION.—In this section, the term "1972 ABM Treaty" 
means the Treaty Between the United States of America and the 
Union of Soviet Socialist Republics on the Limitations of Anti-
Ballistic Missiles, signed at Moscow on May 26,1972. 
SEC. 222. LIMITATION ON DEVELOPMENT AND TESTING OF ANTI-BALLIS-
TIC MISSILE SYSTEMS OR COMPONENTS 
(a) USE OF FUNDS.—(1) Funds appropriated or otherwise made 
available to the Department of Defense for fiscal year 1991, or for 
any fiscal year before 1991, shall be subject to the limitations 
prescribed in paragraph (2). 
39-194 O - 91 - 6 : QL 3 Part 3 
104 STAT. 1514 
PUBLIC LAW 101-510—NOV. 5, 1990 
(2) Funds described in paragraph (1) may not be obligated or 
expended— 
(A) for the development or testing of any antiballistic missile 
system or component, except for development and testing 
consistent with the development and testing described in the 
May 1990 SDIO Report; or 
(B) for the acquisition of any material or equipment (includ-
ing any long lead materials, components, piece parts, test equip-
ment, or any modified space launch vehicle) required or to be 
used for the development or testing of antiballistic missile 
systems or components, except for material or equipment 
required for development or testing consistent with the develop-
ment and testing described in the May 1990 SDIO Report. 
(3) The limitations in paragraph (2) shall not apply to funds 
transferred to or for the use of the Strategic Defense Initiative for 
fiscal year 1991 if the transfer is made in accordance with section 
1501 of this Act. 
(b) DEFINITION.—As used in this section, the term "May 1990 SDIO 
Report" means the report entitled "1990 Report to Congress on the 
Strategic Defense Initiative", dated May 1990, prepared by the 
Strategic Defense Initiative Organization and submitted to certain 
committees of the Senate £ind House of Representatives by the 
Secretary of Defense on June 7, 1990, pursuant to section 224 of the 
National Defense Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189; 103 Stat. 1398; 10 U.S.C. 2431 note). 
SEC. 223. PROHIBITION ON OPERATIONAL TEST AND EVALUATION OF 
STRATEGIC DEFENSE SYSTEMS 
(a) PROHIBITION.—Funds appropriated or otherwise made avail-
able to the Department of Defense for fiscal year 1991, or for any 
fiscal year before fiscal year 1991, may not be obligated for any 
operational test and evaluation activity in support of— 
(1) a strategic defense system; or 
(2) a program, project, or activity of the Strategic Defense 
Initiative. 
(b) RULE OF CONSTRUCTION.—Notwithstanding subsection (a), the 
Strategic Defense Initiative Organization may engage in planning 
activities (including studies, design activities, and computer simula-
tions) related to testing of Strategic Defense Initiative systems or 
elements. 
SEC. 224. 
BOOST 
SURVEILLANCE 
AND 
TRACKING 
SYSTEM 
(a) 
PROHIBITION ON FULL-SCALE DEVELOPMENT.—None of 
the 
amounts appropriated pursuant to section 201 or otherwise made 
available to the Department of Defense for fiscal year 1991 for 
research, development, test, and evaluation may be obligated for 
full-scale development of the Boost Surveillance and Tracking 
System (BSTS). 
(b) TRANSFER OF BSTS SYSTEM TO AIR FORCE.—The Secretary of 
Defense shall transfer immediately responsibility for the direction, 
management, and funding for the development and procurement of 
the Boost Surveillance and Tracking System from the Strategic 
Defense Initiative Organization to the Secretary of the Air Force. 
SEC. 225. THEATER MISSILE DEFENSE PROGRAMS 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1515 
(1) The proliferation of ballistic missiles and chemical and 
nuclear weapons technology applicable to missile warhead 
development is potentially destabilizing, is a threat to United 
States forces, and poses a significant threat to the national 
security of friends and allies of the United States around the 
world. 
(2) Of the funds authorized for the Strategic Defense Initiative 
(SDI) for fiscal year 1991, $198,000,000 should be made available 
for the development of anti-tactical ballistic missiles (ATBM) 
systems to counter such threats. In this regard, development of 
systems such as the Extended Range Interceptor and the Thea-
ter High Altitude Air Defense should be accelerated. 
(3) The SDI organization should ensure that the Navy and 
Marine Corps are involved in developmental programs for 
future ATBM systems suitable for deployment with their projec-
tion and expeditionary forces. 
(4) The Secretary of the Army should establish a vigorous 
program to develop and test a rapidly deployable ATBM 
capability for United States military forces with the near-term 
focus of that development and test effort on the Patriot II 
system. 
(5) Congress endorses a continuing program of cooperative 
research and development, jointly funded by the United States 
and the government of Israel, on the Arrow Tactical Anti-
Missile program with a view to proving out (through such 
cooperative research and development) the feasibility and 
practicality of the system. 
flj) DIRECTION ON ATBM TECHNOLOGY PROGRAMS.— 
(1) ARROW TACTICAL ANTI-MISSILE PROGRAM.—(A) Subject to 
subparagraph (B), the Secretary of Defense may obligate, from 
funds made available for fiscal year 1991 for the Strategic 
Defense Initiative, up to $42,000,000 for the purpose of initiating 
the Tactical Demonstration Program (constituting Phase II of 
research and development work on the Arrow program). 
(B) Funds may not be obligated for the purpose described in Israel. 
subparagraph (A) until the United States and the government 
of Israel enter into a memorandum of agreement governing the 
conduct and funding of the Technical Demonstration Program. 
(2) PATRIOT II ATBM DEVELOPMENT PROGRAM.—(A) The Sec-
retary of the Army may obligate from funds made available for 
fiscal year 1991 for Research, Development, Test, and Evalua-
tion for the Army up to $50,000,000 to conduct additional tests 
of the Patriot II system against existing tjrpes of ballistic missile 
threats. The authority under the preceding sentence is in addi-
tion to any other authority provided in this Act regarding the 
Patriot II system. 
(B) From within the funds referred to in subparagraph (A), 
the Army may obligate part of such funds for the development 
of support systems (such as tracking and attack assessment 
radars) for existing and future ATBM systems. 
104 STAT. 1516 
PUBLIC LAW 101-510—NOV. 5, 1990 
/ 
PART D—STRATEGIC PROGRAMS 
SEC. 231. FUNDING AND SENSE OF CONGRESS FOR ICBM MODERNIZATION 
PROGRAM 
(a) PROGRAM FUNDING.—Of the amount appropriated for the 
Department of Defense for fiscal year 1991, not more than 
$687,671,000 shall be available for the intercontinental ballistic 
missile (ICBM) modernization program, of which not more than 
$680,208,000 shall be available for the rail garrison MX (RGMX) 
program and the small ICBM (SICBM) program. 
(h) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) research and development of the RGMX and SICBM is a 
prudent and necessary hedge (A) against the robust Soviet 
strategic nuclear modernization program and, in particular, 
Soviet rail- and road-mobile ICBM programs, (B) against pos-
sible future threats to the invulnerability of the sea-based leg of 
the strategic Triad, and (C) to help ensure the continued stabil-
ity of the strategic balance as the United States negotiates 
reductions in its strategic forces under the prospective Strategic 
Arms Reduction Talks (START) sigreement and the planned 
follow-on negotiations for further reductions; 
(2) the two-missile mobile ICBM modernization program has 
failed to achieve the political consensus necessary for deploy-
ment of both systems; 
(3) as long as peaceful trends continue in the Soviet Union, 
the defense budget of the United States is likely to continue to 
decline in the future, making the deplojmient of both the RGMX 
system gind the SICBM system unaffordable; 
(4) at a minimum the United States should continue to de-
velop the SICBM system for deployment in silos to meet future 
United States ICBM modernization requirements and arms con-
trol objectives, while preserving a realistic option for subse-
quent mobile basing should future strategic or arms control 
developments so require; and 
(5) any funds obligated or expended for the RGMX system 
should be used only to conduct critical activities needed to 
complete research, development, test, and evaluation and main-
tain the key technologies for that system on a stand-by or "moth 
ball" status. 
SEC. 232. DEPRESSED TRAJECTORY BALLISTIC MISSILES AND OTHER 
SHORT-TIME-OF-FLIGHT BALLISTIC MISSILES 
Soviet Union. 
Congress commends the President for proposing to the Soviet 
Union that the United States and the Soviet Union observe an 
interim mutual restraint on the flight testing of depressed trajectory 
and other short-time-of-flight ballistic missiles and expresses dis-
appointment that the Soviet Union has not agreed to this proposal. 
Congress urges the President to continue to pursue such interim 
restraint and to further explore the possibility of a permanent 
agreement banning flight tests of such missiles. 
PART E—OTHER MATTERS 
SEC. 
2
4
1
. 
BIOLOGICAL 
DEFENSE 
RESEARCH 
PROGRAM 
(a) IN GENERAL.—Chapter 139 of title 10, United States Code, is 
amended by inserting jrfter section 2369 the following new section: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1517 
"§ 2370. Biological Defense Research Program 
"(a) ANNUAL REPORT.—The Secretary of Defense shall submit to 
Congress an annual report on research, development, test, and 
evaluation conducted by the Department of Defense during the 
preceding fiscal year for the purposes of biological defense. The 
report shall be submitted in both classified and unclassified form 
and shall be submitted each year in conjunction with the submission 
of the budget to Congress for the next fiscal year. 
"(b) CONTENTS OF REPORT.—Each report under this section shall 
provide the following information: 
"(1) A description of each biological or infectious Eigent or 
toxin that was used in, or that was the subject of, research, 
development, test, and evaluation conducted for the purposes of 
biological defense during the fiscal year covered by the report 
and not previously listed in publications of the Centers for 
Disease Control (CDC). 
"(2) A description of the biological properties of each such 
agent. 
"(3) A statement of the location of each biological defense 
research facility and the amount spent by the Department of 
Defense during the fiscal year covered by the report at each 
such facility for research, development, test, and evaluation for 
biological defense research. 
"(4) A statement of the biosafety level used at each such 
facility in conducting that research, development, test, and 
evaluation. 
"(5) A statement that documentation of annual coordination 
with local heedth, fire, and police officials for the provision of 
emergency support services has been included in the facility 
safety plan for each biological defense research facility. 
"(c) TYPES OF RESEARCH COVERED.—This section applies to all 
research, development, test, £uid evaluation activities conducted by 
the Department of Defense for the purpose of biological defense. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'biosafety level' means the applicable biosafety 
level described in the publication entitled 'Biosafety in 
Microbiological and Biomedical Laboratories' (CDC-NIH, 1984). 
"(2) The term 'biological defense research facility' means a 
location at which research, development, test, £ind evaluation 
for purposes of biological defense involving any biological or 
infectious agent or toxin (whether or not listed in a CDC 
publication) is conducted.". 
Ot)) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 2369 the following new item: 
"2370. Biological Defense Research Program.". 
SEC. 242. FUNDING FOR FACILITY FOR COLLABORATIVE RESEARCH AND 
TRAINING FOR MILITARY MEDICAL PERSONNEL 
(a) FUNDING.—Of the amounts authorized to be appropriated 
pursuant to section 201 for fiscal year 1991, $18,000,000 shall be 
available, subject to subsection (bX3), to the Secretary of Defense as 
a contribution toward the construction of a facility as part of a 
complex to enable collaborative research and training for Depart-
ment of Defense military medical personnel in the following fields: 
104 STAT. 1518 
PUBLIC LAW 101-510—NOV. 5, 1990 
(1) Trauma care. 
(2) Head, neck, and spinal injury. 
(3) Paralysis. 
(4) Neurosciences and neurodegenerative diseases. 
Ot)) REQUIREMENTS.—(1) Such a contribution may be made only for 
a facility that will— 
(A) support education, training, treatment, and rehabilitative 
services related to the fields described in subsection (a); and 
(B) support neuroscience research with relevance for the 
medical mission of the Department of Defense. 
(2) Such a contribution may be made only for a facility to be 
located at an institutional setting that— 
(A) has received national recognition for its work in the fields 
listed in subsection (a); and 
(B) can best facilitate interagency collaborative research, edu-
cation, and training activities. 
(3) The amount of a contribution under subsection (a) may not 
exceed 33 percent of the total cost of such complex. 
SEC. 243. GRANT FOR AN INSTITUTE FOR ADVANCED SCIENCE AND 
TECHNOLOGY 
(a) AUTHORITY TO MAKE GRANT.—Of the amount authorized to be 
appropriated pursuant to section 201 for the Defense Agencies, 
$10,000,000 shall be available for a grant to be awarded through the 
use of competitive procedures to an institution of higher education 
to establish an institute for advanced science and technology. 
G)) QUALIFICATIONS.—The Secretary of Defense shall select an 
institution for award of a grant under subsection (a) based upon 
demonstrated competence of the institution's faculty. The institu-
tion selected for the grant must— 
(1) be a nationally recognized center conducting artificial 
intelligence research and education in the areas of natural 
language and speech processing and task oriented computer 
animation; 
(2) be carr3dng out research on electronically and ionically 
conducted organic pol3miers; and 
(3) have demonstrated competence in research and education 
in nonlinear optics and visual analysis. 
(c) COST-SHARING REQUIREMENT.—The grant shall be available for 
initial construction of a facility, the Federal share of which may not 
exceed 50 percent of the total cost. 
(d) PURPOSE OF GRANTS.— The grant shall be designed to support 
development of critical technologies as identified by the Department 
of Defense in its Critical Technologies Plan as required by Public 
Law 100-456. 
SEC. 244. SUPPORT FOR ADVANCED RESEARCH PROJECTS 
Of the amounts authorized to be appropriated pursuant to section 
201, $50,000,000 shall be available for the support (through the 
Defense 
Advanced 
Research 
Projects 
Agency) 
of 
advanced 
precompetitive research provided for in cooperative agreements and 
other transactions authorized by section 2371 of title 10, United 
States Code. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1519 
SEC. 245. COMPETITION IN CONTRACTING FOR COMPUTERS AND SOFT-
WARE 
(a) 
CONGRESSIONAL CONCERNS REGARDING DEFENSE COMPUTER 
PROCUREMENT.—The Congress notes the concern regarding the 
manner in which solicitations are performed for computer procure-
ment for components of the Department of Defense. 
0)) GAO REVIEW.—The Comptroller General of the United States 
shall conduct a review of a selected number of planned and recently 
completed computer procurements for components of the Depart-
ment of Defense to determine if those solicitations provide any 
barriers to full and open competition for United States computer 
suppliers. The procurements reviewed shall include the Air Force 
procurement for Tactical Air Force Workstations under solicitation 
F19630-90-R-0014 and the Army procurement for Light Weight 
Computer Unit under solicitation DAAB07-90-R-L100. 
(c) MATTERS TO BE INCLUDED IN REVIEW.—The review shall deter-
mine in the case of each solicitation reviewed— 
(1) whether unnecessary or non-germane specifications, 
evaluation factors, unwarranted performance requirements, 
packaging requirements, or other limiting bias factors are 
present; 
(2) whether the solicitation contains restrictive requirements 
in excess of minimum Government needs; 
(3) whether Government developed applications software is 
favored over commercial "off the shelf" software solutions 
and the sufficiency of the rationale to support Government 
development; 
(4) the need for components of the Department of Defense to 
agree upon a standard prescribed architecture and operating 
system; and 
(5) the cost effectiveness of computer procurements based on 
the realism of specifications as compared to intended use. 
Statements regarding the degree of assessment supporting the speci-
fication development and rigidity as they limit or tend to limit 
offerers or contract awards are to be included. 
(d) REPORT TO CONGRESS.—The Comptroller General shall com-
plete the study and submit a report on the results of the study to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives not later than three months after the date of the 
enactment of this Act. 
SEC. 246. ADVISORY COMMISSION ON CONSOLIDATION AND CONVERSION 
OF DEFENSE RESEARCH AND DEVELOPMENT LABORATORIES 
(a) EsTABUSHMENT.—There is established a commission to be 
known as the "Commission on the Consolidation gmd Conversion of 
Defense Research and Development Laboratories" (hereinafter in 
this section referred to as the "Commission"). 
(b) DUTIES.—(1) The Commission shall conduct a study to deter-
mine the feasibility and desirability of various means to improve the 
operation of laboratories of the Department of Defense. 
(2) In conducting the study described in this subsectioh, the 
Commission shall— 
(A) consider such means as— 
(i) conversion of some or all such laboratories to Govern-
ment-owned, contractor-operated laboratories; 
(ii) modification of the missions and functions of some or 
all such laboratories; and 
104 STAT. 1520 
PUBLIC LAW 101-510—NOV. 5, 1990 
(iii) consolidation or closure of some or all such labora-
tories; and 
(B) determine— 
(i) the short-term costs and long-term cost savings that 
are likely to result from such consolidation, closure, or 
conversion; and 
(ii) a proposed schedule for each consolidation, closure, or 
conversion of a laboratory considered appropriate by the 
Commission. 
(c) COMPOSITION.—(1) The Commission shall be composed of 13 
members, as follows: 
(A) The Director of Defense Research and Engineering who 
shall be the chairman of the Commission. 
(B) Six members appointed by the Secretary of Defense from 
among officers and employees of the Federal Government, 
including at least one director of a research and development 
laboratory of each military department. 
(C) Six members appointed by the Secretary from among 
persons in the private sector. 
(2) The Secretary of Defense shall make all appointments under 
subparagraphs (B) and (C) of paragraph (1) within 60 days after the 
date of the enactment of this Act. 
(3) Members shall be appointed for the life of the Commission. 
Any vacancy in the Commission shall not affect its powers, but shall 
be filled in the same manner as the original appointment. 
(d) MEETINGS; QUORUM.—(1) The Commission shall convene its 
first meeting within 15 days after the first date on which all 
members of the Commission have been appointed. Thereafter, the 
Commission shall meet at the discretion of its Chairman or at the 
call of a majority of its members. 
(2) Seven members of the Commission shall constitute a quorum, 
but a lesser number may hold hearings. 
(e) COMPENSATION OF MEMBERS; TRAVEL EXPENSES.—(1) Each 
member of the Commission who is not an officer or employee of the 
Federal Government shall be compensated at a rate equal to the 
daily equivalent of the annual rate of basic pay prescribed for grade 
GS-18 of the Greneral Schedule under section 5332 of title 5, United 
States Cc)de, for each day (including travel time) during which such 
member is engaged in the performance of the duties of the Commis-
sion. All members of the Commission who are officers or employees 
of the United States shall serve without compensation in addition to 
that received for their services as officers or employees of the United 
States. 
(2) The members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates au-
thorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or 
regular places of business in the performance of services for the 
Commission. 
(3) Any Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall be with-
out interruption or loss of civil service status or privilege. 
(f) REPORT TO SECRETARY.—Not later than September 30,1991, the 
Commission shall submit to the Secretary a report containing the 
Commission's recommendations regarding the matters considered 
and determined by the Commission pursuant to subsection (b). 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1521 
(g) REPORT BY SECRETARY.—Not later than 30 days after the date of 
the suhmission of the report pursuant to subsection (f), the Secretary 
shall transmit such report to each House of the Congress, together 
with any comments that the Secretary considers appropriate. 
(h) TERMINATION.—The Commission shall terminate 90 days after 
the date on which the Commission submits its report to the Sec-
retary pursuant to subsection (g). 
SEC. 247. NATIONAL DEFENSE SCIENCE AND ENGINEERING EDUCATION 
(a) IN GENERAL.—(1) Chapter 111 of title 10, United States Code, is 
amended by adding at the end the following: 
"§ 2192. Science, mathematics, and engineering education 
"(a) The Secretary of Defense, in consultation with the Secretary 
of Education, shall, on a continuing basis— 
"(1) identify actions which the Department of Defense may 
take to improve education in the scientific, mathematics, and 
engineering skills necessary to meet the long-term national 
defense needs of the United States for personnel proficient in 
such skills; and 
"(2) establish and conduct programs to carry out such actions. 
*'Qo) The Secretary shall designate an individual within the Office 
of the Secretary of Defense to advise and assist the Secretary 
regarding matters relating to science, mathematics, and engineering 
education and training. 
"§ 2193. Science and mathematics education improvement program 
"(aXD The Secretary of Defense may, in accordance with the Grant programs. 
provisions of this subsection, carry out a program for awarding 
grants to students who have been accepted for enrollment in, or who 
are enrolled in, an institution of higher education as undergraduate 
or graduate students in scientific and engineering disciplines critical 
to the national security functions of the Department of Defense. 
"(2) Grant proceeds shall be disbursed on behalf of students 
awarded grants under this subsection to the institutions of higher 
education at which the students are enrolled. No grant proceeds 
shall be disbursed on behalf of a student until the student is enrolled 
at an institution of higher education. 
"(3) The amount of a grant awarded a student under this subsec-
tion may not exceed the student's cost of attendance. 
"(4) ITie amount of a grant awarded a student under this subsec-
tion shgill not be reduced on the basis of the student's receipt of 
other forms of Federal student financial assistance, but shall be 
taken into account in determining the eligibility of the student for 
those other forms of Federal student finsmcial assistance. 
"(5) The Secretary shall give priority to awarding grants under 
this subsection in a manner likely to stimulate the interest of 
women and members of minority groups in pursuing scientific and 
engineering careers. The Secretary may consider the financial need 
of applicants in making awards in accordance with such priority. 
"(b) The Secretary of Defense, in coordination with the Secretary 
of Education, may establish programs for the purpose of improving 
the mathematics and scientific knowledge and skills of elementary 
and secondary school students and faculty members. 
"(c) In this section: 
104 STAT. 1522 
PUBLIC LAW 101-510—NOV. 5, 1990 
Grovernment 
contracts. 
Minority 
groups. 
Women. 
Minority 
groups. 
"(1) The term 'institution of higher education' has the mean-
ing given such term in section 1201(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1141(a)). 
"(2) The term 'cost of attendance' has the meaning given such 
term in section 472 of the Higher Education Act of 1965 (20 
U.S.C. 108711). 
"§ 2194. Education partnerships 
"(a) The Secretary of Defense shall authorize the director of each 
defense laboratory to enter into one or more education partnership 
agreements with educational institutions in the United States for 
the purpose of encouraging and enhancing study in scientific dis-
ciplines at all levels of education. The educational institutions re-
ferred to in the preceding sentence are local education agencies, 
colleges, universities, and any other nonprofit institutions that are 
dedicated to improving science, mathematics, and engineering 
education. 
"(b) Under a partnership agreement entered into with an edu-
cational institution under this section, the director of a defense 
laboratory may provide assistance to the educational institution 
b y -
"(1) loaning defense laboratory equipment to the institution; 
"(2) transferring to the institution defense laboratory equip-
ment determined by the director to be surplus; 
"(3) making laboratory personnel available to teach science 
courses or to assist in the development of science courses and 
materials for the institution; 
"(4) involving faculty and students of the institution in 
defense laboratory research projects; 
"(5) cooperating with the institution in developing a program 
under which students may be given academic credit for work on 
defense laboratory research projects; and 
"(6) providing academic and career advice and assistance to 
students of the institution. 
"(c) The Secretary of Defense shall ensure that the director of 
each defense laboratory shall give a priority under this section to 
entering into an education partnership agreement with one or more 
historically Black colleges and universities and other minority 
institutions referred to in paragraphs (3), (4), and (5) of section 312(b) 
of the Higher Education Act of 1965 (20 U.S.C. 1058(b)). 
"(d) The Secretary of Defense shall ensure that, in entering into 
education partnership agreements under this section, the director of 
a defense laboratory gives a priority to providing assistance to 
educational institutions serving women, members of minority 
groups, and other groups of individuals who traditionally are 
involved in the engineering and science professions in disproportion-
ately low numbers. 
"(e) In this section, the term 'local education agency' has the 
meaning given such term in section 1471(12) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 2891(12)). 
"§2195. Department of Defense cooperative education programs 
"(a) The Secretary of Defense shall ensure that the director of 
each defense laboratory establishes, in association with one or more 
public or private colleges or universities in the United States or one 
or more consortia of colleges or universities in the United States, 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1523 
cooperative work-education programs for undergraduate and grad-
uate students. 
"(b) Under a cooperative work-education progrgun established 
under subsection (a), a director referred to in that subsection may, 
without regard to any applicable non-statutory limitation on the 
number of authorized personnel or on the aggregate amount of any 
personnel cost— 
"(1) make an offer for participation in the cooperative work-
education program directly to a student and appoint such stu-
dent to an entry-level position of employment in the laboratory 
of such director; 
"(2) pay such person a rate of basic pay, not to exceed the 
maximum rate of pay provided for grade GS-9 under the Gen-
eral Schedule under section 5332 of title 5, that is competitive 
with compensation levels provided for entry-level positions 
in 
similar 
industry-sponsored 
cooperative 
work-education 
programs; 
"(3) pay all travel expenses between the college or university 
in which the student is enrolled and the laboratory concerned 
for not more than six round trips per year; and 
"(4) pay £dl or part of such fees, charges, and costs related to 
the participation of such student in the cooperative work-edu-
cation program as tuition, matriculation fees, charges for li-
brary and laboratory services, materials, and supplies, and the 
purchase or rental price of books. 
"(c) A director of a defense laboratory may— 
"(1) require a student, as a condition for receiving payments 
referred to in subsection (bX4), to enter into a written agree-
ment to continue employment in such defense laboratory for a 
period of service specified in the agreement; or 
"(2) make such payments without requiring such 
an 
agreement. 
"§ 2196. Definition 
"In this chapter, 'defense laboratory' means a laboratory operated 
by the Department of Defense or owned by the Department of 
Defense and operated by a contractor or a facility of a Defense 
Agency 
at 
which 
research 
and 
development 
activities 
are 
conducted.". 
(2XA) The heading of chapter 111 of such title is amended to read 
as follows: 
"CHAPTER 111—SUPPORT OF SCIENCE, MATHEMATICS, 
AND ENGINEERING EDUCATION". 
(B) The tables of chapters at the beginning of subtitle A of such 
title and at the beginning of part III of such subtitle are each 
amended by striking out the item relating to chapter 111 and 
inserting in lieu thereof the following: 
"111. Support of Science, Mathematics, and Engineering Education 
2191". 
(C) The table of sections at the beginning of such chapter is 
amended by adding at the end the following: 
"2192. Science, mathematics, and engineering education. 
"2193. Science and mathematics education improvement program. 
"2194. Education partnerships. 
104 STAT. 1524 
PUBLIC LAW 101-510—NOV. 5, 1990 
"2195. Department of Defense cooperative education programs. 
"2196. Definition.". 
O
t
)
) RECOMMENDATIONS OF THE SECRETARY OF DEFENSE TO THE 
DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY.—Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall transmit to the Director of the Office of 
Science and Technology Policy the Secretary's determinations 
regarding measures initially identified pursuant to section 2192(a)(1) 
of title 10, United States Code (as added by subsection (a)), as actions 
which the Department of Defense may take to improve education in 
the scientific, mathematics, and engineering skills necessary to meet 
the long-term national defense needs of the United States for 
personnel proficient in those skills. 
SEC. 248. ESTABLISHMENT OF DEPARTMENT OF DEFENSE TECHNOLOGY 
OFFICE IN J A P A N 
(a) IN GENERAL.—The Secretary of Defense shall establish an 
office of the Department of Defense in Japan to investigate, evalu-
ate, and facilitate opportunities for cooperation between the United 
States and Japan for the development of technologies of interest to 
the Department of Defense. 
Ot)) DEADLINE.—The Secretary of Defense shall establish such 
office no later than September 30,1991. 
SEC. 
2
4
9
. 
GRANT 
FOR 
STUDY 
AND 
ANALYSIS 
OF 
THE 
SOVIET 
UNION 
AND 
CERTAIN 
OTHER 
COUNTRIES 
Of the amounts authorized to be appropriated pursuant to section 
201, $600,000 shall be available for making a grant to one or more 
qualified nonprofit organizations for the support of research and 
analyses by emigrants from the Soviet Union, the countries of 
Eastern Europe (including Albania), and Cuba regarding political, 
economic, social, and other developments in those countries. 
TITLE III—OPERATION AND MAINTENANCE 
PART A—AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. OPERATION AND MAINTENANCE FUNDING 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby au-
thorized to be appropriated for fiscal year 1991 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 maintensince in amounts as follows: 
(1) For the Army, $21,899,881,000. 
(2) For the Navy, $23,165,935,000. 
(3) For the Marine Corps, $1,892,200,000. 
(4) For the Air Force, $20,624,110,000. 
(5) For the Defense Agencies, $8,317,421,000. 
(6) For the Army Reserve, $909,100,000. 
(7) For the Naval Reserve, $998,000,000. 
(8) For the Marine Corps Reserve, $84,800,000. 
(9) For the Air Force Reserve, $1,065,900,000. 
(10) For the Army National Guard, $1,980,400,000. 
(11) For the Air National Guard, $2,247,200,000. 
(12) For the National Board for the Promotion of Rifle Prac-
tice, $4,000,000. 
(13) For the Defense Inspector General, $98,519,000. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1525 
(14) For Drug Interdiction and Counter-drug Activities, De-
fense, $1,084,100,000. 
(15) For the Court of Military Appeals, $5,400,000. 
(16) For Environmental Restoration, Defense, $1,062,527,000. 
(17) For Humanitarian Assistance, $13,000,000. 
(b) SPECIAL AUTHORIZATION FOR (CONTINGENCIES.—There are au-
thorized to be appropriated for fiscal year 1991, 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; and 
(2) for unbudgeted increases as a result of inflation in the cost 
of activities authorized by subsection (a). 
SEC. 302. WORKING CAPITAL FUNDS 
Funds are hereby authorized to be appropriated for fiscal year 
1991 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working-capital funds in amounts as follows: 
(1) For the Army Stock Fund, $302,500,000. 
(2) For the Air Force Stock Fund, $887,900,000. 
(3) For the Army Industrial Fund, $151,100,000. 
(4) For the Navy Industrial Fund, $238,700,000. 
(5) For the Defense Industrial Fund, $4,000,000. 
SEC. 303. HUMANITARIAN ASSISTANCE 
(a) PURPOSE.—(1) Funds appropriated pursuant to the authoriza-
tion in section 301(aX17) for humanitarian assistance shall be used 
for the purpose of providing transportation for humanitarian relief 
for persons displaced or who are refugees because of the invasion of 
Afghsmistan by the Soviet Union. 
(2) Of the funds authorized to be appropriated for fiscal year 1991 
pursuant to such section for such purpose, not more than $3,000,000 
shall be available for distribution of humanitarian relief supplies to 
displaced persons or refugees who are noncombatants, including 
those affiliated with the Cambodian nonClommunist resistance, at or 
near the border between Thailand and Cambodia. 
(b) AUTHORITY TO TRANSFER FUNDS.—The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 of 
the funds appropriated pursuant to such section for fiscal year 1991 
for humanitarian assistance, other than the funds described in 
subsection (aX2), to provide for— 
(1) the pajrment of administrative costs incurred in providing 
the transportation described in subsection (a); and 
(2) the purchase or other acquisition of transportation assets 
for the distribution of humanitarian relief supplies in the coun-
try of destination. 
(c) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF 
STATE.—Transportation for humanitarian relief provided with funds 
appropriated pursuant to such section for humanitarian assistance 
shall be provided under the direction of the Secretary of State. 
(d) MEANS OF TRANSPORTATION TO BE USED.—Transportation for 
humanitarian relief provided with funds appropriated pursuant to 
such section for humanitarian assistance shall be provided 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 provide transportation other than by the most 
economical means available. The means used to provide such 
104 STAT. 1526 
PUBLIC LAW 101-510—NOV. 5, 1990 
transportation may include the use of aircraft and personnel of the 
reserve components of the Armed Forces. 
(e) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to such 
section for humanitarian assistance shall remain available until 
expended, to the extent provided in appropriation Acts. 
(f) REPORTS TO CONGRESS.—(1) The Secretary of Defense shall 
submit (at the times specified in paragraph (2)) to the Committees on 
Armed Services and Foreign Relations of the Senate and the 
Committees on Armed Services and Foreign Affairs of the House of 
Representatives a report on the provision of humanitarian assist-
ance under the humanitarian relief laws specified in paragraph (4). 
(2) A report required by paragraph (1) shall be submitted— 
(A) not later than 60 days after the date of the enactment of 
this Act; 
(B) not later than June 1,1991; and 
(C) not later than June 1 of each year thereafter until all 
funds available for humanitarian assistance under the humani-
tarian relief laws specified in paragraph (4) have been obligated. 
(3) A report required by paragraph (1) shall contain (as of the date 
on which the report is submitted) the following information: 
(A) The total amount of funds obligated for humanitarian 
relief under the humanitarian relief laws specified in paragraph 
(4). 
(B) The number of scheduled and completed flights for pur-
poses of providing humanitarian relief under the humanitarian 
relief laws specified in paragraph (4). 
(C) A description of any transfer (including to whom the 
transfer is made) of excess nonlethal supplies of the Department 
of Defense made available for humanitarian relief purposes 
under section 2547 of title 10, United States Code. 
(4) The humanitarian relief laws referred to in paragraphs (1), (2), 
and (3) are the following: 
(A) This section. 
(B) Section 305 of the Department of Defense Authorization 
Act, 1986 (Public Law 99-145; 99 Stat. 617). 
(C) Section 331 of the National Defense Authorization Act for 
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1078). 
(D) Section 303 of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1948). 
(E) Section 304 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat, 1409). 
(5) Section 304(f)(2) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1409) is 
amended by striking out subsection (f). 
SEC. 304. ASSISTANCE TO THE 1990 WINTER WORLD SERIES TORCH RUN 
AND THE 1991 FREESTYLE WORLD CHAMPIONSHIPS 
Of the amounts authorized to be available to the Department of 
Defense for the provision of logistical support and personnel services 
for the 1990 Goodwill Games, $100,000 may be used by the Secretary 
of Defense to provide medical and ambulance support for— 
(1) the Winter World Series Torch Run to be held in the State 
of New York between November 1, 1990, and December 7, 1990; 
(2) the Freestyle World Championships to be held at the 
Oljonpic Center in Lake Placid, New York, between February 
10,1991, and March 3,199L 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1527 
SEC. 305. EXTENDED COLD WEATHER CLOTHING SYSTEMS 
Of the amount authorized to be appropriated under section 
301(aXl) for operation and maintenance for the Army for fiscal year 
1991, $39,951,000 may be used for the acquisition of clothing under 
the Extended Cold Weather Clothing System, 
PART B—LIMITATIONS 
SEC. 311. LIMITATION ON OBLIGATIONS AGAINST STOCK FUNDS 
(a) LIMITATION.—(1) The Secretary of Defense may not incur 
obligations sigainst the stock funds of the Department of Defense 
during fiscal year 1991 in excess of 80 percent of the sales from such 
stock funds during that fiscal year. 
(2) For purposes of determining the amount of obligations against, 
and sales from, the stock funds during fiscal year 1991, the Sec-
retary shall exclude obligations and sales for fuel and subsistence 
items. 
Ot)) EXCEPTION.—The Secretary of Defense may waive the limita-
tion contsiined in subsection (a) if the Secretary determines that 
such waiver is critical to the national security of the United States. 
The Secretary shall immediately notify Congress of any such waiver 
and the reasons for such waiver. 
SEC. 312. PROHIBITION ON MANAGEMENT OF CIVILIAN PERSONNEL BY 
END STRENGTHS DURING FISCAL YEAR 1991 
(a) MANAGEMENT BY END STRENGTH.—Notwithstanding section 
129(aX3) of title 10, United States Code, the civilian personnel of the 
Department of Defense may not be maneiged during fiscal year 1991 
on the basis of any constrgiint or limitation (known as an "end-
strength") on the number of such personnel who may be employed 
on the last day of such fiscsil year or any constraint or limitation 
carried out through the measurement of full-time equivsilent 
employees or other related methodology. 
db) WAIVER OF CIVIUAN PERSONNEL AUTHORIZATIONS.—Subsec-
tions (aX4) and (bX4) of section 115 of title 10, United States Code (as 
amended by section 1483(a)), shall not apply with respect to fiscal 
year 1991 or with respect to the appropriation of funds for that fiscal 
year. 
PART C—CHANGES TO EXISTING LAW 
SEC. 321. COMMISSARY AND OTHER PRIVILEGES FOR CERTAIN MEMBERS 
OF A RESERVE COMPONENT AND CERTAIN OTHER PERSONS 
(a) USE OF COMMISSARY STORES BY MEMBERS OF THE READY RE-
SERVE.—(1) Subsection (a) of section 1063 of title 10, United States 
Code, is amended to read £is follows: 
"(a) ELIGIBILITY OF MEMBERS OF READY RESERVE.—A member of 
the Ready Reserve who performs active duty for training (or annual 
training without compensation equivalent to active duty for train-
ing) shall accrue eligibility to use commissary stores of the Depart-
ment of Defense for each day of that training. The Secretary con-
cerned shall authorize the member to have one day of eligibility for 
using commissary stores, up to 12 days each calendar year, for the 
performance of that duty.". 
(2) Section 1063(a) of title 10, United States Code (as amended by 
10 USC 1063 
subsection (a)), shall apply with respect to active duty for trgiining or ^°^-
104 STAT. 1528 
PUBLIC LAW 101-510—NOV. 5, 1990 
annual training performed by a member of the Ready Reserve after 
the date of the enactment of this Act. 
O
t
>
) USE OF COMMISSARY STORES BY CERTAIN OTHER PERSONS.— 
Chapter 54 of title 10, United States Code, is amended by adding at 
the end the following new section: 
"§ 1064. Use of commissary stores by certain members and former 
members 
"Under regulations prescribed by the Secretary of Defense, a 
person who would be eligible for retired pay under chapter 67 of this 
title but for the fact that the person is under 60 years of age shall be 
authorized to use commissary stores of the Department of Defense 
for 12 days each calendar year.". 
(c) USE OF MORALE, WELFARE, AND RECREATION FACIUTIES.—Chap-
ter 54 of title 10, United States Code, is further amended by adding 
after section 1064, as added by subsection ft)), the following new 
section: 
"§ 1065. Use of certain morale, welfare, and recreation facilities by 
members of reserve components and dependents 
"(a) UNRESTRICTED USE REQUIRED.—Members of the Selected Re-
serve in good standing (as determined by the Secretary concerned) 
and members who would be eligible for retired pay under chapter 67 
of this title but for the fact that the member is under 60 years of age, 
and the dependents of such members, shall be permitted to use the 
exchange stores and other revenue generating facilities operated by 
nonappropriated fund activities of the Department of Defense for 
the morale, welfare, and recreation of members of the Armed 
Forces. Such use shall be permitted on the same basis as members 
on active duty. 
"(\}) EuGiBiuTY T
O USE AUTHORIZED.—Subject to such regulations 
as the Secretary of Defense may prescribe, members of the Ready 
Reserve (other than members of the Selected Reserve) may be 
permitted to use the facilities referred to in subsection (a) on the 
same basis as members serving on active duty.". 
(d) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
items: 
"1064. Use of commissary stores by certain members and former members. 
"1065. Use of certain morale, welfare, and recreation facilities by members of re-
serve components and dependents.". 
10 use 1064 
(e) EFFECTIVE DATE AND DEADLINE FOR REGULATIONS,—(1) 
The 
"°*^ 
amendments made by subsections (b) and (c) shall take effect 120 
days after the date of the enactment of this Act. 
(2) The Secretary of Defense shall prescribe such regulations as 
may be necessary for the proper administration of sections 1064 and 
1065 of title 10, United States Code, as added by this section, not 
later than 90 days after the date of the enactment of this Act. 
SEC. 322. GUIDELINES FOR FUTURE REDUCTIONS OF CIVILIAN EMPLOY-
EES OF INDUSTRIAL-TYPE OR COMMERCIAL-TYPE ACTIVI-
TIES 
(a) GUIDELINES REQUIRED.—(1) Chapter 81 of title 10, United States 
Code, is amended by adding at the end the following new section: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1529 
"§ 1597. Employees of industrial-type or commercial-type activi-
ties: guidelines for future reductions 
"(a) EsTABUSHMENT OF GuiDEUNES.—The Secretary of Defense 
shall establish guidelines for reductions in the number of civilian 
employees of the Department of Defense who are employed by 
industrial-t)T)e activities or commercial-type activities described in 
section 2208 of this title. These guidelines shall include procedures 
for reviewing civilian positions for reductions in those activities 
according to the following order: 
"(1) Positions filled by foreign national employees overseas. 
"(2) All other positions filled by civilian employees overseas. 
"(3) Overhead, indirect, and administrative positions in head-
quarters or field operating agencies in the United States. 
"(4) Direct operating or production positions in the United 
States. 
"0)) MASTER PLAN.—(1) Each agency or component of the Depart-
ment of Defense that employs persons referred to in subsection (a) 
shall include in the materials submitted by the Secretary of Defense 
to Congress in support of the budget request for the Department of 
Defense for fiscal year 1992 a five-year civilian personnel master 
plan that includes the following: 
"(A) Demographic information on each activity, including 
number and type (overhead, administrative, or direct labor) of 
personnel in the activity. 
"(B) Current and projected workload and manpower require-
ments for each activity. 
"(2) Each agency or component of the Department of Defense that 
employs persons referred to in subsection (a) and whose budget 
request for a fiscal year would require a furlough for, or an involun-
tary reduction in, such employees shall include in the materials 
submitted by the Secretary of Defense to Congress in support of the 
budget request for the Department of Defense for that fiscal year a 
five-year civilian personnel master plan that contains the following: 
"(A) The information required under paragraph (1). 
"(B) A listing of all activities within the component or agency 
planning the furlough or involuntary reduction. 
"(C) An examination of the effect of such furlough or involun-
tary reduction on workload requirements. 
(D) A summary of the factors used by management to deter-
mine the size and location of the proposed furlough or involun-
tary reduction. 
"(c) EXCEPTION.—The Secretary of Defense may permit deviations 
from the guidelines established under subsection (a) or a master 
plan prepared under subsection (b) if the Secretary determines that 
such deviation is critical to the national security of the United 
States. The Secretary shall immediately notify the Congress of any 
such deviation and the reasons for such deviation.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"1597. Employees of industrial-t3T)e or commercial-tjrpe activities: guidelines for 
future reductions.". 
(b) INVOLUNTARY REDUCTIONS OF CIVIUAN PERSONNEL IN FISCAL lo use 1597 
YEAR 1991.—After the date of the enactment of this Act, an agency 
"°^-
or component of the Department of Defense may not implement any 
involuntary reductions or furloughs of civilian personnel in indus-
trial-t)T)e or commercial-t5T)e activities in fiscal year 1991 until 45 
104 STAT. 1530 
PUBLIC LAW 101-510—NOV. 5, 1990 
days after the date on which the agency or component submits a 
report to Congress outlining the reasons why such reductions or 
furloughs are required and including a description of any changes in 
workload and manpower requirements that will result from those 
reductions or furloughs. 
SEC. 323. INVENTORY MANAGEMENT POLICIES 
(a) IN GENERAL.—(1) Chapter 145 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 2458. Inventory management policies 
"(a) PoucY REQUIRED.—The Secretary of Defense shall issue a 
single, uniform policy on the management of inventory items of the 
Department of Defense. Such policy shall— 
"(1) establish maximum levels for inventory items sufficient 
to achieve and maintain only those levels for inventory items 
necessary for the national defense; and 
"(2) provide guidance to item mansigers and other appropriate 
officials on how effectively to eliminate wasteful practices in the 
acquisition and management of inventory items. 
"OJ) PERSONNEL EVALUATIONS.—The Secretary of Defense shall 
establish procedures to ensure that, with regard to item managers 
and other personnel responsible for the acquisition and manage-
ment of inventory items of the Department of Defense, personnel 
appraisal systems for such personnel give appropriate consideration 
to efforts made by such personnel to eliminate wasteful practices 
and achieve cost savings in the acquisition and management of 
inventory items.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2458. Inventory management policies.". 
10 ysc 2458 
(b) DATE OF ISSUANCE OF POLICY.—The policy required by section 
2458(a) of title 10, United States Code (as added by subsection (a)), 
shall be issued not later than 180 days after the date of the enact-
ment of this Act. 
SEC. 3
2
4
. 
EXPANSION 
OF 
AUTHORITY 
TO 
DONATE 
FOOD 
TO 
CHARITABLE 
NONPROFIT 
FOOD 
BANKS 
(a) INCLUSION OF MESS FOOD, MEALS READY-TO-EAT, AND OTHER 
FOOD.—Section 2485 of title 10, United States C!ode, is amended— 
(1) by striking out "commissary store" in subsection (a); 
(2) by striking out subsection (b) and inserting in lieu thereof 
the following: 
"(b) Food that may be donated under this section is commissary 
store food, mess food, meals ready-to-eat (MREs), and other food 
available to the Secretary of a military department that— 
"(1) is certified as edible by appropriate food inspection 
technicians; 
"(2) would otherwise be destroyed as unusable; and 
"(3) in the case of commissary store food, is unmarketable and 
unsaleable."; and 
(3) by striking out "A donation" in subsection (c) and inserting 
in lieu thereof "In the case of commissary store food, a dona-
tion". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section is 
amended to read as follows: 
note. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1531 
"§ 2485. Donation of unusable food: commissary stores and other 
activities". 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 147 of such title is amended to read as follows: 
"2485. Donation of unusable food: commissary stores and other activities.". 
SEC. 325. AUTHORITY TO EXCHANGE PROPERTY FOR SERVICES IN 
CONNECTION WITH HISTORICAL COLLECTIONS 
Section 257203) of title 10, United States Code, is amended— 
(1) by striking out the period at the end of paragraph (1) and 
inserting in lieu thereof "or for search, salvage, and restoration 
services which directly benefit the historical collection of the 
armed forces."; and 
(2) in paragraph (2)— 
(A) by inserting ", or services provided," in the first 
sentence after "property transferred" the first place it 
appears; and 
(B) by inserting "in the case of an exchange of property 
for property" in the second sentence sifter "preceding 
sentence". 
SEC. 326. AUTHORITY TO FURNISH TRANSPORTATION IN CERTAIN AREAS 
OUTSIDE THE UNITED STATES 
(a) AUTHORITY TO FURNISH TRANSPORTATION.—(1) Chapter 157 of 
title 10, United States Code, is amended by inserting after section 
2636 the following new section: 
"§ 2637. Transportation in certain areas outside the United States 
"The Secretary of Defense may authorize the commander of a 
unified combatant command to use Government owned or leased 
vehicles to provide transportation in an area outside the United 
States for members of the uniformed services and Federal civilian 
employees under the jurisdiction of that commander, and for the 
dependents of such members and employees, if the commander 
determines that public or private transportation in such area is 
unsafe or not available. Such transportation shall be provided in Regulations. 
accordance with regulations prescribed by the Secretary of 
Defense.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2636 the 
following new item: 
"2637. Transportation in certain areas outside the United States.". 
OJ) CONFORMING AMENDMENT.—Section 1344(c) of title 31, United 
States Code, is amended by inserting ", section 2637 of title 10," 
after "Act of 1956". 
SEC. 327. AUTHORIZATION FOR CERTAIN BANDS OF THE ARMED FORCES 
TO PRODUCE RECORDINGS FOR COMMERCIAL SALE 
(a) ARMY.—Section 3634 of title 10, United States Code, is 
amended— 
(1) by striking out "No" and inserting in lieu thereof "(a) 
PROHIBITION.—Except as provided in subsection 0)), no", and 
(2) by adding at the end the following new subsection: 
104 STAT. 1532 
PUBLIC LAW 101-510—NOV. 5, 1990 
"db) RECORDINGS.—(1) Any Army band designated as a special 
band may produce recordings for commercisd sale. 
"(2) Amounts received as proceeds from the sale of any such 
recordings may be credited to applicable appropriations of the 
Department of the Army for expenses of Army bands. 
Regulations. 
"(3) The Secretary of the Army shall prescribe regulations govern-
ing the accounting of such proceeds.". 
(b) NAVY AND MARINE CORPS.—(1) Section 6223 of such title is 
amended by adding at the end the following new subsection: 
"(c) EXCEPTION FOR COMMERCIAL RECORDINGS.—(1) Notwithstand-
ing any limitation contained in subsection (a) or (b), any Navy band 
or Marine Corps band designated as a special band may produce 
recordings for commercial sale. 
"(2) Amounts received as proceeds from the sale of any such 
recordings may be credited to applicable appropriations of the 
Department of the Navy for expenses of Navy and Marine Corps 
bands. 
Regulations. 
"(3) The Secretary of the Navy shall prescribe regulations govern-
ing the accounting of such proceeds.". 
(2) Such section is further amended— 
(A) by inserting "NAVY BANDS AND MEMBERS.—" after "(a)"; 
and 
(B) by inserting "MEMBERS OF MARINE CORPS BANDS.—" after 
"(b)". 
(c) AIR FORCE.—Section 8634 of such title is amended— 
(1) by striking out "No" and inserting in lieu thereof "(a) 
PROHIBITION.—Except as provided in subsection (b), no", and 
(2) by adding after subsection (a) the following new subsection: 
"(b) RECORDINGS.—(1) Any Air Force band designated as a special 
band may produce recordings for commercial sale. 
"(2) Amounts received as proceeds from the sale of any such 
recordings may be credited to applicable appropriations of the 
Department of the Air Force for expenses of Air Force bands. 
Regulations. 
"(3) The Secretary of the Air Force shall prescribe regulations 
governing the accounting of such proceeds.". 
(d) CloAST GUARD.—(1) Chapter 17 of title 14, United States Code, is 
amended by inserting after section 639 the following new section: 
"§ 640. Coast Guard band recordings for commercial sale 
"(a) The Coast Guard band may produce recordings for commer-
cial sale. 
"(b) Amounts received as proceeds from the sale of any such 
recordings may be credited to applicable appropriations of the Coast 
Guard for expenses of the Coast (juard band. 
Regulations. 
"(c) The Secretary shall prescribe regulations governing the 
accounting of such proceeds.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 639 the 
following new item: 
"640. Coast Guard band recordings for commercial sale.". 
(e) (CONFORMING AMENDMENT.—Section 974 of title 10, United 
States C!ode, is amended by striking out "section 6223 of this title" 
and inserting in lieu thereof "sections 3634, 6223, and 8634 of this 
title and section 640 of title 14,". 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1533 
SEC. 328. ARMY PROGRAM TO PROMOTE CIVILIAN MARKSMANSHIP 
(a) PROGRAM TO BE SELF-SUPPORTING.—Section 4313 of title 10, 
United States Code, is amended to read as follows: 
"§ 4313. Promotion of civilian marksmanship: expenses 
"(a) 
PROHIBITION ON APPROPRIATION OF FUNDS FOR CERTAIN 
EXPENSES AND SERVICES.—Funds may not be appropriated for the 
necessary or incidental expenses of, or personnel services connected 
with, any program conducted by the Department of the Army for 
the purpose of promoting marksmanship among civilians. 
"(b) REIMBURSEMENT REQUIRED.—Funds available to the Depart-
ment of Defense may be used to pay the costs of a program referred 
to in subsection (a) if the appropriation accounts used to pay those 
costs are reimbursed for the payment of those costs through fees 
paid by the persons or gun clubs participating in the program. 
"(c) FEES.—The Secretary of the Army shall establish reasonable 
fees for persons and gun clubs participating in a program referred to 
in subsection (a). Such fees shall be established at a rate sufficient to 
cover the cost of operating the program, including the cost of pay 
and allowances earned by members of the armed forces while 
detailed under section 4307 or 4310 of this title, and members of the 
Army National Guard while detailed under section 316 of title 32, to 
assist in the promotion of civilian marksmanship. 
"(d) RETENTION OF FUNDS.—Amounts collected by the Secretary of 
the Army under a program referred to in subsection (a) (including 
amounts collected from the sale of arms, ammunition, targets, and 
other supplies under section 4308 of this title) shall be retained by 
the Secretary to cover the cost of operating the program.". 
(b) ABOLISHMENT OF ARMY'S ROLE IN THE CONSTRUCTION OF RIFLE 
RANGES FOR CIVIUAN RIFLE PRACTICE.—Section 4308(a)(1) of that 
title is amended by striking out "construction, equipment, mainte-
nance, and operation" and inserting in lieu thereof "operation and 
maintenance". 
(c) REQUIREMENT THAT SALES OF ARMY RIFLES AND AMMUNITION 
TO CIVILIANS BE MADE AT FAIR MARKET VALUE.—Section 4308(a)(5) of 
that title is amended by striking out "the sale" and all that follows 
through "rifled arms," and inserting in lieu thereof the following: 
"the sale (at fair market value) to citizens of the United States who 
are over the age of 18 and current members of a gun club,". 
(d) ELIMINATION OF ANNUAL AUTHORIZATION OF APPROPRIATIONS 
FOR THE INCIDENTAL EXPENSES OF THE NATIONAL BOARD.—Section 
4308 of that title is amended— 
(1) by striking out subsection (b); and 
(2) by redesignating subsection (c) as subsection (b). 
(e) USE OF RIFLE RANGES BY CIVILIANS.—Section 4309 of that title 
is amended to read as follows: 
"§ 4309. Rifle ranges: available for use by members and civilians 
"(a) RANGES AVAILABLE.—(1) All rifle ranges constructed in whole 
or in part with funds provided by the United States may be used by 
members of the armed forces and by able-bodied persons capable of 
bearing arms. 
"Ot)) MILITARY RANGES.—(1) In the case of a rifle range referred to 
in subsection (a) located on a military installation, the Secretary of 
the Army shall establish reasonable fees for the use by civilians of 
104 STAT. 1534 
PUBLIC LAW 101-510—NOV. 5, 1990 
that rifle range to cover any costs incurred by the Army to make 
that rifle range available to civilians. 
"(2) Use of a rifle range referred to in paragraph (1) by civilians 
may not interfere with the use of those ranges by members of the 
armed forces. 
"(c) REGULATIONS.—Regulations to carry out this section shall be 
prescribed by the authorities controlling the rifle range, subject to 
the approval of the Secretary of the Army.". 
(f) SALE OF AMMUNITION FOR CIVILIAN RIFLE PRACTICE.—Section 
4311 of that title is amended by inserting "the sale o f before "such 
quantities". 
(g) CONFORMING AND CLERICAL AMENDMENTS.—(1) The heading of 
section 4308 of that title is amended to read as follows: 
"§ 4308. Promotion of civilian marksmanship: authority of the 
Secretary of the Army". 
(2) The table of sections at the beginning of chapter 401 of that 
title is amended— 
(A) by striking out the items relating to sections 4308 and 
4309 and inserting in lieu thereof the following: 
"4308. Promotion of civilian marksmeinship: authority of the Secretary of the Army. 
"4309. itifle ranges: available for use by members and civilians."; and 
(B) by striking out the item relating to section 4313 and 
inserting in lieu thereof the following: 
"4313. Promotion of civilian marksmanship: expenses.". 
10 use 4308 
(h) APPUCATION OF AMENDMENTS.—The amendments made by this 
"°^- 
section shall take effect on October 1,1992. 
SEC. 329. SHIPS' STORES 
(a) SALES OF CJOODS AND SERVICES.—(1) Chapter 651 of title 10, 
United States Code, is amended by striking out section 7604 and 
inserting in lieu thereof the following: 
"§ 7604. Ships' stores: sale of goods and services 
"Under such regulations and at such prices as the Secretary of the 
Navy may prescribe, the Secretary may provide for the sale of goods 
and services from ships' stores to members of the naval service and 
to such other persons as provided by law.". 
(2) The item relating to section 7604 in the table of sections at the 
beginning of that chapter is amended to read as follows: 
"7604. Ships' stores: sale of goods and services.". 
Regulations. 
(3) The regulations required to be prescribed under section 7604 of 
10 use 7604 
title 10, United States Code (as amended by paragraph (1)), shall be 
"°*®- 
first 
prescribed not later than 90 days after the date of the enact-
ment of this Act. 
(b) REPORT ON OPERATION OF SHIPS' STORES.—(1) Not later than 180 
days after the date of the enactment of this Act, the Secretary of the 
Navy shall submit to Congress a report reviewing the operations of 
all ships' stores and including such recommendations for improving 
such operations as the Secretary considers appropriate. 
(2) In conducting the review under paragraph (1), the Secretary 
shall consider the procurement and pricing policies of the ships' 
stores, the manner of organizing and managing the ships' stores, 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1535 
and alternative methods by which the operations of the ships' stores 
may be funded. 
SEC. 330. OPERATION OF THE INTER-AMERICAN AIR FORCES ACADEMY 
(a) IN GENERAL.—Chapter 907 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 9415. Inter-American Air Forces Academy 
"(a) OPERATION.—The Secretary of the Air Force may operate the 
Air Force education and training facility known as the Inter-Amer-
ican Air Forces Academy for the purpose of providing military 
education and training to military personnel of Central and South 
American countries, Caribbean countries, and other countries eli-
gible for assistance under chapter 5 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2347 et seq.). 
"(b) COSTS.—The fixed costs of operating and maintaining the 
Inter-American Air Forces Academy may be psiid from funds avail-
able for operation and maintenance of the Air Force.", 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"9415. Inter-American Air Forces Academy.". 
SEC. 331. ASSISTANCE 
PROGRAM 
FOR 
EMPLOYEES 
OF 
A 
NONAPPROPRIATED FUND INSTRUMENTALITY ADVERSELY 
AFFECTED BY BASE CLOSURES 
Section 1013 of the Demonstration Cities and Metropolitan Devel-
opment Act of 1966 (42 U.S.C. 3374) is amended— 
(1) in subsection (aXD, by inserting after "time limitation)" 
the following: ", a nonappropriated fund 
instrumentality 
employee employed at a nonappropriated fund instrumentality 
operated in connection with such base or installation,"; 
(2) in subsection (bXD, by adding at the end the following: "or 
employed by a nonappropriated fund instrumentality operated 
in connection with such base or installation,"; 
(3) in subsection (k), by striking "and (n) of this section" and 
inserting "(n), and (o)"; and 
(4) by adding at the end the following new subsection: 
"(oXl) Assistance under this section shgdl be provided by the 
Secretary of Defense with respect to nonappropriated 
fund 
instrumentality employees adversely affected by the closure of a 
base or installation ordered to be closed, in whole or in part, after 
December 31,1988. 
"(2) Notwithstanding subsection (b), a civilian employee who is 
serving overseas and is entitled to reemployment by the Federal 
Government (including a nonappropriated fund instrumentality of 
the United States) at or in connection with a base or installation 
ordered to be closed, in whole or in part, shall be entitled to the 
benefits of this section to the same extent as an employee employed 
at or in connection with that base or installation. 
"(3) All payments to a nonappropriated fund instrumentality 
employee under this section shall be made from the funds available 
to the Secretary of Defense under subsection (d). 
"(4) For purposes of this section: 
"(A) The 
term 
'nonappropriated 
fund 
instrumentality 
employee' means a civilian employee who— 
104 STAT. 1536 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(i) is a citizen of the United States; and 
"(ii) is paid from nonappropriated funds of Army and Air 
Force Exchange Service, Navy Resale and Services Support 
Office, Marine Corps exchanges, or any other instrumental-
ity of the United States under the jurisdiction of the Armed 
Forces which is conducted for the comfort, pleasure, 
contentment, or physical or mental improvement of mem-
bers of the Armed Forces. 
"(B) The term 'civilian employee' has the meaning given the 
term 'employee' in section 2105(a) of title 5, United States 
Code.". 
PART D—ENVIRONMENTAL PROVISIONS 
SEC. 341. ADDITIONAL REQUIREMENTS FOR ENVIRONMENTAL REPORT 
Subsection (b) of section 2706 of title 10, United States Code, is 
amended to read as follows: 
"Ot)) REPORT ON ENVIRONMENTAL COMPUANCE.—(1) Each year, at 
the same time the President submits to Congress the budget for a 
fiscal year (pursuant to section 1105 of title 31), the Secretary of 
Defense shall submit to Congress a report containing the following: 
"(A) A statement of the funding levels and full-time personnel 
required for the Department of Defense to comply with ap-
plicable environmental laws during the fiscal year for which the 
budget is submitted. The statement shall set forth separately 
the funding levels and personnel required for the Department of 
Defense as a whole and for each military installation. 
"(B) A statement of the funding levels and full-time personnel 
requested for such purposes in the budget as submitted by the 
President, together with an explanation of any differences be-
tween the funding level and personnel requirements and the 
funding level and personnel requests in the budget. The state-
ment shall set forth separately the funding levels and full-time 
personnel requested for the Department of Defense as a whole 
and for each military installation. 
"(C) A projection of the funding levels and full-time personnel 
that will be required over the next five fiscal years for the 
Department of Defense to comply with applicable environ-
mental laws, set forth separately for the Department of Defense 
as a whole and for each military installation. 
"(D) An analysis of the effect that compliance with such 
environmental laws may have on the operations and mission 
capabilities of the Department of Defense as a whole and of 
each military installation. 
"(E) A statement of the funding levels requested in the budget 
for carrying out research, development, testing, and evaluation 
for environmental purposes or environmental activities of the 
Department of Defense. The statement shall set forth sepa-
rately the funding levels requested for the Department of De-
fense as a whole and for each military department and Defense 
> 
Agency. 
"(F) A description of the number and duties of current full-
time personnel, both civilian and military, who carry out 
environmental activities (including research) for the Depart-
ment of Defense, including a description of the organizational 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1537 
structure of such personnel from the Secretary of Defense down 
to the military installation level. 
"(2) In this subsection, the term 'military installation' means a 
base, camp, post, station, yard, center, or other activity under the 
jurisdiction of the Secretary of a military department which is 
located within any of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the Virgin 
Islands, or Guam. Such term does not include any facility used 
primarily for civil works, rivers and harbors projects, or flood 
control projects.". 
SEC. 342. REPORTING REQUIREMENTS ON ENVIRONMENTAL COMPLIANCE 
AT OVERSEAS MILITARY INSTALLATIONS 
(a) 
ADDITIONAL 
INFORMATION 
IN 
ENVIRONMENTAL 
BUDGET 
REPORT.—Paragraph (1) of section 2706(b) of title 10, United States 
Code, as amended by section 341, is amended by adding at the end 
the following new subparagraph: 
"(G) A statement of the funding levels and personnel required 
for the Department of Defense to comply with applicable 
environmental requirements for military installations located 
outside the United States during the fiscal year for which the 
budget is submitted.". 
(b) POLICIES AND REPORT ON OVERSEAS ENVIRONMENTAL COMPU- lo use 2701 
ANCE.—(1) The Secretary of Defense shall develop a policy for "°*®-
determining applicable environmental requirements for military 
installations located outside the United States. In developing the 
policy, the Secretary shall ensure that the policy gives consideration 
to adequately protecting the health and safety of military and 
civilian personnel assigned to such installations. 
(2) The Secretary of Defense shall develop a policy for determining 
the responsibilities of the Department of Defense with respect to 
cleaning up environmental contamination that may be present at 
military installations located outside the United States. In develop-
ing the policy, the Secretary shall take into account applicable 
international agreements (such as Status of Forces agreements), 
multinational or joint use and operation of such installations, 
relative share of the collective defense burden, and negotiated 
accommodations. 
(3) The Secretary of Defense shall develop a policy and strategy to 
ensure adequate oversight of compliance with applicable environ-
mental requirements and responsibilities of the Department of De-
fense determined under the policies developed under paragraphs (1) 
and (2). In developing the policy, the Secretary shall consider using 
the Inspector General of the Department of Defense to ensure active 
and forceful oversight. 
(4) At the same time the President submits to Congress his budget 
for fiscal year 1993 pursuant to section 1105 of title 31, United 
States Code, the Secretary of Defense shall submit to Congress a 
report describing the policies developed under paragraphs (1), (2), 
and (3). The report also shall include a discussion of the role of the 
Inspector General of the Department of Defense in overseeing 
environmental compliance at military installations outside the 
United States. 
(5) For purposes of this subsection, the term "military installa-
tion" means a base, camp, post, station, yard, center, or other 
activity under the jurisdiction of the Secretary of a military depart-
104 STAT. 1538 
PUBLIC LAW 101-510—NOV. 5, 1990 
ment which is located outside the United States and outside any 
territory, commonwealth, or possession of the United States. 
SEC. 
3
4
3
. 
EXTENSION 
OF 
DATE 
FOR 
COMPLETION 
OF 
STUDY 
ON 
WASTE 
RECYCLING 
Section 361(c) of the National Defense Authorization Act for 
10 use 2701 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1429) is 
"°*®- 
amended by striking out "one year after the date of the enactment 
of this Act' and inserting in lieu thereof "March 1,1991". 
10 use 2701 
SEC. 344. ENVIRONMENTAL EDUCATION PROGRAM FOR DEPARTMENT OF 
note. 
DEFENSE PERSONNEL 
(a) REQUIREMENT TO ESTABUSH PROGRAM.—The Secretary of De-
fense shall establish a program for the purpose of educating Depart-
ment of Defense personnel in environmental management. 
(b) PROGRAM REQUIREMENTS.—Under the program, the Secretary 
shall— 
(1) in consultation with environmental education personnel of 
colleges and universities in the United States that offer under-
graduate and graduate level courses in a wide range of environ-
mental disciplines, develop a curriculum of environmental 
man£igement courses offered by such colleges and universities; 
(2) provide opportunities for Department of Defense personnel 
to attend such courses at such colleges and universities; and 
(3) develop the criteria for the selection of Department of 
Defense personnel to attend such courses. 
(c) FISCAL YEAR 1991 FUNDING MATTERS.—Of the funds authorized 
to be appropriated pursuant to section 301, not more than $100,000 
shall be available for the program established pursuant to subsec-
tion (a). 
(d) RECOMMENDATIONS REGARDING CONTINUATION OF PROGRAM 
AFTER FISCAL YEAR 1991.—Not later than the date on which the 
President submits the budget for fiscal year 1992 to Congress pursu-
ant to section 1105(a) of title 31, United States (Dode, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives in writing his rec-
ommendations regarding whether the program established under 
subsection (a) should be continued after September 30,1991. 
10 use 2701 
SEC. 345. USE OF OZONE DEPLETING SUBSTANCES WITHIN THE DEPART-
note. 
MENT OF DEFENSE 
(a) DOD REQUIREMENTS FOR OZONE DEPLETING CHEMICALS OTHER 
THAN CFCS.—(1) In addition to the functions of the advisory commit-
tee established pursuant to section 356(c) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2701 
note), it shall be the function of the (Dommittee to study (A) the use 
of methyl chloroform, hydrochlorofluorcarbons (HCFCs), and carbon 
tetrachloride by the Department of Defense and by contractors in 
the performance of contracts for the Department of Defense, and (B) 
the costs £ind feasibility of using alternative compounds or tech-
nologies for methyl chloroform, HCFCs, and carbon tetrachloride. 
(2) Within 120 days after the date of the enactment of this Act, the 
Secretary shall provide the Committee with a list of all military 
specifications, standards, and other requirements that specify the 
use of methyl chloroform, HCFCs, or carbon tetrachloride. 
(3) Within 150 days after the date of the enactment of this Act, the 
Secretary shall provide the Clommittee with a list of all military 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1539 
specifications, standards, and other requirements that do not specify 
use of methyl chloroform, HCFCs, or carbon tetrachloride but 
cannot be met without the use of one or more of such substances. 
(b) REQUIREMENT.—In preparing the report required by section 
356(d) of the National Defense Authorization Act for Fiscal Years 
1990 and 1991 and the report required by subsection (d) of this 
section, the C!ommittee shall work closely with the Strategic 
Environmental Research and Development Program Council and 
shall provide to such Council such reports. 
(c) EXTENSION OF REPORTING DEADUNE FOR CFCS.—The deadline 
for submitting to Congress the report required by section 356(d) of 
the National Defense Authorization Act for Fiscal Years 1990 and 
1991 concerning the uses of CFCs is hereby extended to June 30, 
1991. 
(d) REPORTING DEADLINE FOR METHYL CHLOROFORM, HCFCS, AND 
CARBON TETRACHLORIDE.—Not later than September 30, 1991, the 
Secretary shall submit to Congress a report containing the results of 
the study by the Committee required by subsection (a)(1) of this 
section. 
SEC. 346. PROHIBITION ON PURCHASES OF PERFORMANCE BONDS AND 
SIMILAR GUARANTIES 
Funds appropriated or otherwise made available to the Depart-
ment of Defense for fiscal year 1991 may not be obligated or 
expended for the purchase of surety bonds or other guaranties of 
financial responsibility to guarantee the performance of any direct 
function by the Department of Defense. 
PART E—MISCELLANEOUS 
SEC. 351. CONTINUATION OF AIR FORCE HURRICANE RECONNAISSANCE 
MISSION 
The Secretary of the Air Force shall continue the operation of the 
hurricane reconnaissance mission of the Air Force during fiscal year 
1991 at the same level as undertaken during fiscal year 1990 unless 
another Federal agency assumes responsibility for, and has funds to 
perform, such mission. 
SEC. 352. ARMY RELIABILITY CENTERED-INSPECT AND REPAIR ONLY AS 
NECESSARY PROGRAM AT ANNISTON ARMY DEPOT 
The Secretary of the Army may operate and maintain an Army 
Reliability Centered-Inspect and Repair Only as Necessary Program 
at Anniston Army Depot in Anniston, Alabama. 
SEC. 353. VALIDATION OF PAYMENTS UNDER CERTAIN CONTRACTS FOR 
THE PROVISION OF MUNICIPAL SERVICES 
Notwithstanding section 2465 of title 10, United States Code, or 
any other provision of law, any pa)nnent made before the date of the 
enactment of this Act under a contract entered into before that date 
by the Secretary of a military department with a unit of local 
government for the provision by such local government of police, 
fire, or other municipal service to the military department shall be 
held and considered to be a valid payment. 
104 STAT. 1540 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 354. MAINTENANCE OF FIREFIGHTING AND OTHER EMERGENCY 
SERVICES AT MILITARY INSTALLATIONS IN THE UNITED 
STATES 
(a) MAINTENANCE OF SERVICES.—(1) Consistent with the require-
ments of section 2465 of title 10, United States Code, the Secretary 
of a military department shall ensure that each military installation 
described in paragraph (2) under the jurisdiction of that Secretary is 
provided during fiscal year 1991 with firefighting and other emer-
gency services through personnel and facilities of the installation, 
(2) A military installation referred to in paragraph (1) is a military 
installation in the United States that— 
(A) is established during fiscal year 1991; or 
(B) on October 1, 1990, had firefighting and other emergency 
services provided through personnel and facilities of that 
installation. 
(b) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to Congress a 
report that— 
(1) identifies each military installation in the United States 
that has more than 300 employees and is not provided with 
firefighting and related emergency services through personnel 
and facilities of the installation; and 
(2) contains a proposed plan that outlines the actions to be 
taken, related to cost and options, in providing such services. 
SEC. 355. STAFF OF THE ASSISTANT SECRETARY OF DEFENSE FOR SPE-
CIAL OPERATIONS AND LOW INTENSITY CONFLICT 
(a) REQUIREMENT FOR INCREASED STAFF.—The Secretary of Defense 
shall increase the size of the permanent staff of the Assistant 
Secretary of Defense for Special Operations and Low Intensity 
Conflict in accordance with this section. To achieve such increase, 
the Secretary may not reduce the size of the permanent staff 
authorized for the Under Secretary of Defense for Policy. 
(b) SIZE OF STAFF.—On and after May 1, 1991, the number of 
employees of the Department of Defense assigned or detailed to duty 
to assist the Assistant Secretary of Defense for Special Operations 
and Low Intensity Conflict in the performance of the functions of 
the Assistant Secretary may not be less than the equivalent of 92 
full-time employees. 
(c) NUMBER OF SENIOR LEVEL EMPLOYEES.—Nine of the employee 
positions designated for the staff of the Assistant Secretary of 
Defense for Special Operations and Low Intensity Conflict shall be 
senior level employees who are recognized by rank for their manage-
rial and supervisory duties, 
(d) INCREASE IN TOTAL NUMBER OF DEPARTMENT OF DEFENSE 
EMPLOYEES NOT AUTHORIZED,—This section does not authorize an 
increase in the number of civilian employees that may be employed 
by the Department of Defense, 
(e) ASSESSMENT OF STAFF NEEDS,—The Secretary of Defense shall 
provide for an assessment, by an organization outside the Depart-
ment of Defense, of the staff requirements of the Assistant Secretary 
of Defense for Special Operations and Low Intensity Conflict, The 
Secretary shall submit the results of that assessment to the Con-
gress not later than 180 days after the date of the enactment of this 
Act, together with such comments and recommendations as the 
Secretary considers appropriate. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1541 
SEC. 356. DISCUSSIONS CONCERNING DEPARTMENT OF DEFENSE SUP-
PORT FOR 1996 SUMMER OLYMPICS 
(a) REQUIREMENT FOR DISCUSSIONS.—The Secretary of Defense 
shall initiate discussions between military and civilian personnel of 
the Department of Defense and appropriate Federal, State, and local 
officials and the Atlanta Organizing Committee for the Ol3anpic 
Games for the purpose of planning for security and logistical sup-
port that the Department of Defense may provide for the 1996 
games of the XXVI Olympiad to be held in Atlanta, Georgia. 
(b) REPORT.—Not later than April 15, 1991, the Secretary of 
Defense shall submit a report to the Committees on Armed Services 
of the Senate and the House of Representatives describing the 
results of the discussions held pursuant to subsection (a). 
SEC. 357. SENSE OF CONGRESS REGARDING THE TRANSFER TO EUROPE 
OF 
MILITARY EQUIPMENT THAT WOULD THEN BE DE-
STROYED OR REMOVED AS A RESULT OF AN ARMS CONTROL 
AGREEMENT 
(a) FINDINGS.—Congress finds the following: 
(1) The Secretary of Defense has announced commencement 
of substantial withdrawals of United States military personnel 
from Europe in anticipation of concluding an agreement that 
will reduce conventional forces in Europe and in recognition of 
the reduced threat in Europe. 
(2) The anticipated arms control agreement on conventional 
forces in Europe will require destruction or demilitarization of 
certain military equipment in excess of limits specified in the 
agreement. 
^ (b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) funds appropriated for the Department of Defense should 
not be used to transfer to Europe any military equipment that 
would have to be destroyed as a result of the anticipated arms 
control agreement on conventional forces in Europe; and 
(2) the Department of Defense should make every effort to 
avoid transferring to Europe any military equipment that 
would, after only a short period of time in Europe, have to be 
returned to the United States as a result of further withdrawals 
of United States military personnel from Europe. 
PART F—STUDIES AND REPORTS 
SEC. 361. AUTHORIZATION FOR SHORT-TERM LEASE OF AIRCRAFT FOR 
INITIAL ENTRY ROTORY WING PILOT TRAINING AND STUDY 
REGARDING LONG-TERM LEASE 
(a) AUTHORIZATION.—(1) The Secretary of the Army may enter 
into a contract described in paragraph (2) for the lease of aircraft for 
initial entry helicopter pilot training to determine if the cost of 
leasing, operating, and maintaining such aircraft is less than the 
projected cost of operating and maintaining existing aircraft of the 
Army for the same purpose. 
(2) A contract referred to in paragraph (1) is a contract other than 
a contract— 
(A) described in subsection (aXlXA) of section 2401 of title 10, 
United States Code; or 
(B) containing terms described in subsection (aXlXB) of that 
section. 
104 STAT. 1542 
PUBLIC LAW 101-510—NOV. 5, 1990 
(b) STUDY.—In addition to the short-term lease authorized under 
subsection (a), the Secretary of Defense shall prepare the analysis 
required under section 2401(e)(1) of title 10, United States Code, 
preparatory to requesting under that section an authorization of a 
long-term lease or charter of aircraft for initial entry helicopter 
pilot training or for an authorization of a lease or charter of aircraft 
for such purpose which provides for a substantial termination liabil-
ity on the part of the United States. 
SEC. 362. STUDY ON FLEXIBLE READINESS 
(a) FLEXIBLE READINESS DEFINED.—For purposes of this section, 
the term "flexible readiness" means the allocation of resources and 
the adjustment of the readiness of military units based on— 
(1) the military threats to the United States; 
(2) the amount of warning time of potential hostilities; 
(3) the likelihood that particular military units will be used in 
a military action; and 
(4) the ability of the military departments to transport these 
units to the scene of a military action. 
(b) SENSE OF CONGRESS.—(1) Under the concept of flexible readi-
ness, the Secretary of Defense would keep certain high priority 
military forces, such as strategic forces, expeditionary forces, for-
ward deployed forces, special operations forces, and selected intel-
ligence units, at a high state of readiness. 
(2) It is the sense of Congress that flexible readiness has signifi-
cant potential for being an effective and efficient method by which 
resources are allocated to military units and a larger military force 
structure may be preserved in the future than would be possible 
without flexible readiness. 
(c) REPORT.—Not later than March 15, 1991, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report containing a 
detailed description of the extent to which the concept of flexible 
readiness could be implemented by the Secretary in the Department 
of Defense. The report shall— 
(1) describe the extent to which resources have been and are 
currently allocated to active and reserve military units based on 
the projected threat, the likely warning time, and the projected 
deployment dates of units in a contingency; 
(2) identify the tjrpes and numbers of military units which 
should be maintained at the highest levels of readiness in the 
future; 
(3) analyze the effect of the use of flexible readiness on the 
future size of the active and reserve component force structure 
of the Armed Forces; and 
(4) analyze the costs, benefits, and difficulties of appljdng the 
concept of flexible readiness to all active forces and reserve 
component forces of the Armed Forces. 
SEC. 363. REPORT ON ESTABLISHING NEW NAVAL RESERVE TRAINING 
CENTER AT NEWPORT, RHODE ISLAND 
Not later than six months after the date of the enactment of this 
Act, the Secretary of the Navy shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a 
report on the desirability of establishing a new Naval Reserve 
Training Center within the Naval Education and Training Center at 
Newport, Rhode Island, to serve sis the principal Naval Reserve 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1543 
training center on the East Coast for surface warfare. The report 
shall consider the desirability of including within the training facili-
ties of such a Reserve Training Center the FF-1052 frigates sta-
tioned as of the date of the enactment of this Act at the Naval 
Education and Training Center at Newport, Rhode Island, and of 
planning for the use of those frigates in the event of a mobilization. 
SEC. 364. REPORT ON THE TRANSPORTATION OF CHEMICAL WEAPONS 
FROM THE FEDERAL REPUBLIC OF GERMANY TO JOHN-
STON ISLAND 
(a) REPORT REQUIRED.—The Secretary of the Army shall prepare a 
report analyzing the safety aspects of the project to remove and 
transport chemical weapons stored in the Federal Republic of Ger-
many to Johnston Island, with special emphasis on measures under-
taken to ensure safety during the actual transportation of the 
weapons. 
(b) USE OF REPORT.—The report required by subsection (a) shall be 
used as part of each Phase I site specific environmental impact 
statement study of chemical weapons storage sites in the United 
States (including the Aberdeen Proving Ground, Maryland, and the 
Lexington-Blue Grass Army Depot, Kentucky) that is initiated on or 
after the date of the enactment of this Act. These Phase I studies are 
being used to assist in determining the validity of the programmatic 
on-site disposal decisions that have been made for those sites. 
Information from the report shall be incorporated in any Phase I 
assessment of transportation alternatives for those sites. 
(c) SUBMISSION OF REPORT.—The report required by subsection (a) 
shall be submitted to Congress not later than 60 days after the date 
the transportation project referred to in that subsection is com-
pleted. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
PART A—ACTIVE FORCES 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES 
10 USC 115 note. 
(a) FISCAL YEAR 1991.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 1991, as 
follows: 
(1) The Army, 702,170, of which not more than 99,291 may be 
officers. 
(2) The Navy, 570,500, of which not more than 69,992 may be 
officers. 
(3) The Marine Corps, 193,735, of which not more than 19,757 
may be officers. 
(4) The Air Force, 510,000, of which not more than 95,027 may 
be officers. 
(b) FISCAL YEAR 1995.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 1995, as 
follows: 
(1) The Army, 520,000. 
(2) The Navy, 501,000. 
(3) The Marine Corps, 177,000. 
(4) The Air Force, 415,000. 
(c) WAIVER AUTHORITY FOR OFFICER END STRENGTHS.—The Sec-
retary of Defense may waive the officer end strength prescribed in 
subsection (a) for any of the Armed Forces to the extent that the 
104 STAT. 1544 
PUBLIC LAW 101-510—NOV. 5, 1990 
waiver is necessary to prevent the involuntary separation of officers 
other than (1) the separation of officers under chapter 36 of title 10, 
United States Code, for reasons other than meeting such end 
strength limitation, (2) the separation of officers for physical disabil-
ity, age, or cause, and (3) the separation of officers made without 
regard to that limitation (as determined by the Secretary of De-
fense), 
(d) CONFORMING AMENDMENT.—Section 401 of Public Law 101-189 
10 use 115 note. (103 Stat. 1431) is amended by striking out subsection (b). 
SEC. 402. UNIFORM PROCESS FOR IMPLEMENTING REDUCTIONS IN 
STRENGTH 
(a) LIMITATION.—After the end of the 90-day period beginning on 
the date of the enactment of this Act, the Secretary of a military 
department may not carry out the involuntary separation of a 
member of the Armed Forces under the Secretary's jurisdiction who 
is described in subsection (b) unless the Secretary of Defense has 
certified to the Committees on Armed Services of the Senate and the 
House of Representatives that the Secretary of that military depart-
ment has implemented procedures to do the following: 
(1) Limit the number of persons without previous military 
service that may be accessed for active duty service as officers 
in the Armed Force concerned during each fiscal year of the 
five-year period beginning on October 1, 1990, to a number not 
greater than the number necessary to meet the requirements of 
that Armed Force for officers within the end strength specified 
in section 401(b) for that Armed Force. 
(2) Limit the number of persons without previous military 
service that may be accessed for active duty service as enlisted 
members in that Armed Force concerned during each fiscal 
year of the five-year period beginning on October 1, 1990, to a 
number not greater than the number necessary to meet the 
requirements of that Armed Force enlisted personnel within the 
end strength specified in section 401(b) for that Armed Force. 
(3) Reduce as of September 30 of each year during the five-
year period beginning on October 1, 1990, the number of mem-
bers of that Armed Force serving on active duty who, upon 
separation, would be immediately eligible for retired or retainer 
pay to a number not greater than the number necessary to meet 
the requirements of that Armed Force within the end strength 
specified in section 401(b) for that Armed Force. 
(4) Limit the number of members of that Armed Force serving 
on active duty who have completed two but less than six years 
of active service to a number not greater than the number 
necessary to meet the requirements of that Armed Force for 
members with two but less than six years of active service 
within the end strength specified in section 4010t)) for that 
Armed Force. 
(b) APPLICABIUTY.—The limitation on involuntary separation in 
subsection (a) applies to a member of the Army, Navy, Air Force, or 
Marine Corps who— 
(1) is serving on active duty or full-time National Guard duty; 
(2) has six or more years of active service in the Armed 
Forces; 
(3) if involuntarily separated, would not be immediately eli-
gible for retired or retainer pay; and 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1545 
(4) if involuntarily separated, would be eligible for separation 
pay under section 1174 of title 10, United States Code (as 
amended by section 501 of this Act). 
(c) DEFINITION.—For purposes of this section, the term "involun-
tarily separated" has the meaning given that term in section 1141 of 
title 10, United States Code, as added by section 502 of this Act. 
(d) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations to carry out this section. Such regulations shall apply uni-
formly for the military departments. 
SEC. 403. AUTHORIZED STRENGTH FOR GENERAL AND FLAG OFFICERS 
ON ACTIVE DUTY 
(a) FIVE-YEAR REDUCTION.—Effective on September 30, 1991, the 
text of section 526 of title 10, United States Code, is amended to read 
as follows: 
"(a) LIMITATIONS.—The number of general officers on active duty 
in the Army, Air Force, and Marine Corps, and the number of flag 
officers on active duty in the Navy, may not exceed the number 
specified for the armed force concerned as follows: 
"(1) For the Army, 386 before October 1, 1995, and 302 on and 
d.ft6]* t^ll3.ij cld.i>6 
"(2) For the Navy, 250 before October 1, 1995, and 216 on and 
sfxGT* i^Wd-l^ dd.ij6 
"(3) For the Air Force, 326 before October 1, 1995, and 279 on 
d.Tld fl-ftGl* ijxl3.ij 0.3.1^6 
"(4) For the Marine Corps, 68 before October 1, 1995, and 61 
on and after that date. 
"Ot)) During the period before October 1, 1995, the Secretary of 
Defense may increase the number of general officers on active duty 
in the Army, Air Force, or Marine Corps, or the number of flag 
officers on active duty in the Navy, above the applicable number 
specified in subsection (a) by a total of not more than five. Whenever 
any such increase is made, the Secretary shall make a correspond-
ing reduction in the number of such officers that may serve on 
active duty in general or flag officer grades in one of the other 
armed forces.". 
0>) CONFORMING AMENDMENTS.—(1) Chapter 331 of title 10, United 
States Code, is amended— 
(A) by striking out section 3202; and 
(B) in the table of sections at the beginning of such chapter, 
by striking out the item relating to section 3202. 
(2) Chapter 533 of such title is amended— 
(A) by striking out sections 5442, 5443, 5444, and 5446; and 
(B) in the table of sections at the beginning of such chapter, 
by striking out the items relating to sections 5442, 5443, 5444, 
and 5446. 
(3)Chapter 831 of such title is amended— 
(A) by striking out section 8202; and 
(B) in the table of sections at the beginning of the chapter, by 
striking out the item relating to section 8202. 
SEC. 404. REDUCTION FOR FISCAL YEAR 1992 IN NUMBER OF ACTIVE 
DUTY AIR FORCE COLONELS 
Section 402 of Public Law 101-189 (10 U.S.C. 523 note) is amended 
by striking out "fiscal year 1991" and inserting in lieu thereof 
"fiscal year 1992". 
39-194 O - 91 - 7 : QL 3 Part 3 
104 STAT. 1546 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 405. AUTHORITY FOR EXEMPTION FROM GRADE LIMITATIONS FOR 
CERTAIN THREE-STAR GENERAL AND FLAG OFFICER POSI-
TIONS ON JOINT STAFF 
(a) IN GENERAL.—Section 525(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
"(4XA) An officer while serving in a position designated under 
subparagraph (B), if serving in the grade of lieutenant general or 
vice admiral, is in addition to the number that would otherwise be 
permitted for that officer's armed force for that grade under para-
graph (1) or (2). 
"(B) The President, with the advice and assistance of the Sec-
retary of Defense and the Chairman of the Joint Chiefs of Staff, may 
designate not more than six positions within the Joint Staff (pro-
vided for under section 155 of this title) as positions referred to in 
subparagraph (A). The authority of the President under the preced-
ing sentence may not be delegated.". 
(b) TECHNICAL AMENDMENT.—Paragraph (3) of such section is 
amended by striking out "authorized" and inserting in lieu thereof 
"that would otherwise be permitted for". 
SEC. 406. REDUCTION IN THE AUTHORIZED END STRENGTH FOR THE 
NUMBER OF MILITARY PERSONNEL IN EUROPE 
(a) REDUCTION.—Subsection (cXD of section 1002 of the Depart-
ment of Defense Authorization Act, 1985 (22 U.S.C. 1928 note), is 
amended in the first sentence— 
(1) by striking out "After September 30, 1985, none of the 
funds appropriated pursuant to an authorization contained in 
this Act or any other Act enacted after the date of the enact-
ment of this Act" and inserting in lieu thereof "No appropriated 
funds"; and 
(2) by striking out "326,414" and inserting in lieu thereof 
"261,855". 
(b) WAIVER AUTHORITY.—Such section is further amended by 
adding at the end the following: "In any fiscal year for which the 
permanent ceiling specified in the first sentence of this subsection is 
261,855, the President may authorize an end strength level of mem-
bers of the Armed Forces assigned to permanent duty ashore in 
European member nations of the North Atlantic Treaty Organiza-
tion at a level not to exceed 311,855 if the President determines that 
the national security interests of the United States require such 
President. 
authorization. Whenever the President exercises the authority pro-
vided under the preceding sentence, the President shall notify Con-
gress of that determination and of the necessity for exceeding such 
permanent ceiling.". 
(c) CONFORMING AMENDMENT.—Section 911 of the National De-
fense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 
22 use 1928 
101-189; 103 Stat. 1523) is repealed. 
note. 
PART B—RESERVE FORCES 
10 u s e 261 note. 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE 
(a) IN GENERAL.—The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of Septem-
ber 30,1991, as follows: 
(1) The Army National Guard of the United States, 457,300. 
(2) The Army Reserve, 318,700. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1547 
(3) The Naval Reserve, 153,400. 
(4) The Marine Ck)rps Reserve, 43,900. 
(5) The Air National Guard of the United States, 117,035. 
(6) The Air Force Reserve, 85,591. 
(7) The Cbast Guard Reserve, 12,700. 
(b) WAIVER AUTHORITY.—The Secretary of Defense may vary the 
end strength authorized by subsection (a) by not more than 2 
percent. 
(c) ADJUSTMENTS.—The end strengths prescribed by subsection (a) 
for the Selected Reserve of any reserve component shall be propor-
tionately 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 the end of 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 con-
sent at the end of the fiscal year. 
Whenever such units or such individual members are released from 
active duty during any fiscal year, the end strength prescribed for 
such fiscal year for the Selected Reserve of such reserve component 
shall be proportionately increased by the total authorized strengths 
of such units and by the total number of such individual members. 
(d) CONFORMING AMENDMENT.—Section 411 of Public Law 101-189 
(101 Stat. 1432) is amended by striking out subsection (b). 
10 USC 261 note. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT 
10 USC 261 note. 
OF THE RESERVES 
(a) FISCAL YEAR 1991.—Within the end strengths prescribed in 
section 411, the reserve components of the Armed Forces are 
authorized, as of September 30, 1991, the following number of 
Reserves to be serving on full-time active duty or, in the case of 
members of the National Guard, full-time National Guard duty for 
the purpose of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(A) The Army National Guard of the United States, 26,199. 
(B) The Army Reserve, 13,344. 
(C) The Naval Reserve, 22,997. 
(D) The Marine C!orps Reserve, 2,401. 
(E) The Air National Guard of the United States, 8,468. 
(F) The Air Force Reserve, 655. 
(b) ARMY RESERVE COMPONENT STRENGTHS FOR FISCAL YEARS 1992-
1997.—(1) Within the end strengths authorized by law after the date 
of the enactment of this Act for each of the fiscal years listed in the 
table in paragraph (2), the reserve components of the Army are 
authorized the total number of members specified in such table for 
such fiscal year to be serving on full-time active duty or, in the case 
of members of the National Guard, full-time National Guard duty 
for the purpose of organizing, administering, recruiting, instructing, 
or training the Army reserve components. 
(2) The table referred to in paragraph (1) is as follows: 
104 STAT. 1548 
PUBLIC LAW 101-510—NOV. 5, 1990 
Fiscal Year 
Army Reserve 
^^^^^'"''^ 
1992 
12,673 
24,889 
1993 
12,006 
23,579 
1994 
11,339 
22,269 
1995 
10,672 
20,959 
1996 
10,005 
19,649 
1997 
9,341 
18,340 
(c) IMPLEMENTATION OF REDUCTIONS.—(1) In implementing the 
reductions in the end strengths for reserves on active duty in 
support of the Army reserve components required in subsection (b), 
no member of the Reserves serving on full-time active duty on the 
date of the enactment of this Act, or in the case of members of the 
National Guard, full-time National Guard duty, for the purpose of 
organizing, administering, recruiting, instructing or training the 
Army reserve components may be involuntarily separated. 
(2) As used in this section, the term "involuntarily separated" has 
the meaning given that term in section 1141 of title IQ, United 
States Code, as added by section 502 of this Act. 
Regulations. 
(3) The end strengths prescribed in subsection G)) may be exceeded 
to the extent necessary to comply with this subsection, as deter-
mined under regulations prescribed by the Secretary of Defense. 
(4) Accessions of members of the 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 Army reserve 
components for a fiscal year shall be two percent of the total 
authorized end strength provided in subsection (b) for that fiscal 
year. 
(d) USE OF ACTIVE COMPONENT MEMBERS.—(1) The Secretary of 
Defense shall examine the validity of the information submitted in 
support of the budget submitted to Congress pursuant to section 
1105 of title 31, United States Code, for fiscal year 1992 with respect 
to the number of reserve members on active duty or full-time 
National Guard duty to support the Army reserve components and 
shall, to the extent that the information remains veilid, assign active 
component members to reserve units to meet the requirement of the 
reserve components. 
(2) The Secretary shall include in the detailed justification of 
estimates for military personnel for the Army, Navy, Air Force, and 
Marine Corps that accompanies the budget submitted to Congress 
for fiscal years 1992 and 1993 pursuant to section 1105 of title 31, 
United States Code, the number of such personnel that are pro-
grammed to be assigned in support of the reserve components to 
meet requirements for full-time support of the reserve components. 
(e) ARMY RESERVE COMPONENTS.—For purposes of this section, the 
Army reserve components are the Army National Guard of the 
United States and the Army Reserve. 
PART C—MILITARY TRAINING STUDENT LOADS 
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS 
(a) IN GENERAL.—For fiscal year 1991, the components of the 
Armed Forces are authorized average military training loads as 
follows: 
(1) The Army, 66,525. 
(2) The Navy, 59,675. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1549 
(3) The Marine Corps, 20,880. 
(4) The Air Force, 26,880. 
(5) The Army National Guard of the United States, 16,611. 
(6) The Army Reserve, 15,337. 
(7) The Naval Reserve, 3,112. 
(8) The Marine Corps Reserve, 3,520. 
(9) The Air National Guard of the United States, 2,765. 
(10) The Air Force Reserve, 1,628. 
(h) ADJUSTMENTS.—The average military student loads authorized 
in subsection (a) shall be adjusted consistent with the end strengths 
authorized in parts A and B. The Secretary of Defense shall pre-
scribe the manner in which such adjustments shall be apportioned. 
PART D—OTHER PERSONNEL STRENGTH MATTERS 
SEC. 
4
3
1
. 
REPORT 
ON 
CADRE 
CONCEPT 
The Secretary of the Army shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
evaluating the cadre concept for both active duty divisions and 
reserve component divisions. The report shall describe £iny change 
in laws that would be required in order to implement the cadre 
concept on a test program basis. The report shall be submitted not 
later than February 1,1991. 
TITLE V—MILITARY PERSONNEL 
PART A—PERSONNEL READJUSTMENT BENEFITS 
SEC. 501. SEPARATION PAY 
(a) AUTHORITY FOR SEPARATION PAY FOR REGULAR ENLISTED MEM-
BERS.—Section 1174 of title 10, United States Code, is amended— 
(1) by inserting "REGULAR OFFICERS.—(1)" in subsection (a) 
after "(a)"; 
(2) by redesignating subsection Qi) as paragraph (2) of subsec-
tion (a); and 
(3) by inserting after subsection (a) the following new subsec-
tion Ot)): 
"(b) REGULAR ENLISTED MEMBERS.—(1) A regular enlisted member 
of an armed force who is discharged involuntarily or as the result of 
the denial of the reenlistment of the member and who has com-
pleted six or more, but less than 20, years of active service imme-
diately before that discharge is entitled to separation pay computed 
under subsection (d) unless the Secretary concerned determines that 
the conditions under which the member is discharged do not war-
rant payment of such pay. 
"(2) Separation pay of an enlisted member shall be computed 
under paragraph (1) of subsection (d), except that such pay shall be 
computed under paragraph (2) of such subsection in the case of a 
member who is discharged under criteria prescribed by the Sec-
retary of Defense.". 
Q)) PERIOD OF SERVICE REQUIRED FOR ELIGIBILITY.—Such section is 
further amended— 
(1) by striking out "five or more" in subsection (aX2) (as 
redesignated by subsection (a)(2) of this section) and in subsec-
tion (cXD and inserting in lieu thereof "six or more"; and 
104 STAT. 1550 
PUBLIC LAW 101-510—NOV. 5, 1990 
Government 
contracts. 
10 u s e 1174 
note. 
(2) by striking out "at least five years" in subsection (c)(3) and 
inserting in lieu thereof "at least six years". 
(c) REPEAL OF LIMITATION ON AMOUNT OF SEPARATION PAY.—(1) 
Subsection (d) of such section is amended— 
(A) by striking out "or $30,000, whichever is less" in para-
graph (1); and 
(B) by striking out ", but in no event more than $15,000". 
(2) Subsection (g) of such section is amended— 
(A) by striking out "(1)" after "(g)"; and 
(B) by striking out paragraph (2). 
(d) REQUIREMENT FOR SERVICE IN READY RESERVE; EXCLUSION FOR 
MEMBERS DISCHARGED DURING INITIAL PERIOD OF SERVICE.—Subsec-
tion (e) of such section is amended to read as follows: 
"(e) REQUIREMENT FOR SERVICE IN READY RESERVE; EXCEPTIONS TO 
ELIGIBILITY.—(1)(A) As a condition of receiving separation pay under 
this section, a person otherwise eligible for that pay shall be 
required to enter into a written agreement with the Secretary 
concerned to serve in the Ready Reserve of a reserve component for 
a period of not less than three years following the person's discharge 
or release from active duty. If the person has a service obligation 
under section 651 of this title or under any other provision of law 
that is not completed at the time the person is discharged or 
released from active duty, the three-year obligation under this 
subsection shall begin on the day after the date on which the person 
completes the person's obligation under such section or other provi-
sion of law. 
"(B) Each person who enters into an agreement referred to in 
subparagraph (A) who is not already a Reserve of an armed force 
and who is qualified shall, upon such person's discharge or release 
from active duty, be enlisted or appointed, as appropriate, as a 
Reserve and be transferred to a reserve component. 
"(2) A member who is discharged or released from active duty is 
not eligible for separation pay under this section if the member— 
"(A) is discharged or released from active duty at his request; 
"(B) is discharged or released from active duty during an 
initial term of enlistment or an initial period of obligated 
service; 
"(C) is released from active duty for training; or 
"(D) upon discharge or release from active duty, is imme-
diately eligible for retired or retainer pay based on his military 
service.". 
(e) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 
subsection (b) of section 1174 of title 10, United States Code, as added 
by subsection (a), and the amendments made by subsections (b), (c), 
and (d) shall apply with respect to a member of the Armed Forces 
who is discharged, or released from active duty, after the date of the 
enactment of this Act. 
(2) The amendments made by subsection O
t
>
) shall not apply in the 
case of a member (other than a regular enlisted member) of the 
Armed Forces who (A) is serving on active duty on the date of the 
enactment of this Act, (B) is discharged, or released from active 
duty, after that date; and (C) on that date has five or more, but less 
than six, years of active service in the Armed Forces. 
(f) 
CONFORMING CROSS-REFERENCE AMENDMENTS.—(1) 
Section 
1186(c) of title 10, United States Code, is amended by striking out 
"section 1174(b)" and inserting in lieu thereof "section 1174(aX2)". 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1551 
(2) Section 6383(h) of such title is amended by striking out "section 
1174(a)" and inserting in lieu thereof "section 1174(aXl)". 
(g) TECHNICAL AMENDMENTS.—(1) Subsection (a) of section 1174 of 
such title (as amended by subsection (a) of this section) is further 
amended— 
(A) by striking out "or release"; and 
(B) by striking out ", under section 564" and all that follows 
through "Management Act" and inserting in lieu thereof "or 
under section 564 or 6383 of this title". 
(2) Subsection (cXD of such section is amended by striking out 
"after September 14,1981,". 
(h) STYUSTIC AMENDMENTS.—Such section is further amended— 
(1) by inserting "OTHER MEMBERS.—" in subsection (c) after 
"(c)"; 
(2) by inserting "AMOUNT OF SEPARATION PAY.—" in subsec-
tion (d) after "(d)"; 
(3) by inserting "COUNTING FRACTIONAL YEARS OP SERVICE.—" 
in subsection (f) after "(f)"; 
(4) by inserting "COORDINATION WITH OTHER SEPARATION OR 
SEVERANCE PAY BENEFITS.—" in subsection (g) after "(g)"; 
(5) by inserting "COORDINATION WITH RETIRED OR RETAINER 
PAY AND DISABILITY COMPENSATION.—" in subsection (h) after 
"(h)"; and 
(6) by inserting "REGULATIONS; CREDITING OF OTHER COMMIS-
SIONED SERVICE.—" in subsection (i) after "(i)". 
SEC. 502. OTHER TRANSITION BENEFITS AND SERVICES 
(a) BENEFITS AND SERVICES.—(1) Part II of subtitle A of title 10, 
United States Code, is amended by inserting after chapter 57 the 
following new chapter: 
"CHAPTER 58—BENEFITS AND SERVICES FOR 
MEMBERS BEING SEPARATED OR RECENTLY 
SEPARATED 
"Sec. 
"1141. Involuntary separation defined. 
"1142. Preseparation counseling; transmittal of medical records to Department of 
Veterans Affairs. 
"1143. Employment assistance: Department of Defense. 
"1144. Employment assistance, job training assistance, and other transitional serv-
ices: Department of Labor. 
"1145. Health benefits. 
"1146. Commissary and exchange benefits. 
"1147. Use of military family housing. 
"1148. Relocation assistance for personnel overseas. 
"1149. Excess leave and permissive temporary duty. 
"1150. Affiliation with Guard and Reserve units: waiver of certain limitations. 
"§ 1141. Involuntary separation deHned 
"A member of the Army, Navy, Air Force, or Marine Corps shall 
be considered to be involuntarily separated for purposes of this 
chapter if the member was on active duty or full-time National 
Guard duty on September 30,1990, and— 
"(1) in the case of a regular officer (other than a retired 
officer), the officer is involuntarily discharged under other than 
adverse conditions, as characterized by the Secretary concerned; 
"(2) in the case of a reserve officer who is on the active-duty 
list or, if not on the active-duty list, is on full-time active duty 
104 STAT. 1552 
PUBLIC LAW 101-510—NOV. 5, 1990 
(or in the case of a member of the National Guard, full-time 
National Guard duty) for the purpose of organizing, administer-
ing, recruiting, instructing, or training the reserve components, 
the officer is involuntarily discharged or released from active 
duty or full-time National Guard (other than a release from 
active duty or full-time National Guard duty incident to a 
transfer to retired status) under other than adverse conditions, 
as characterized by the Secretary concerned; 
"(3) in the case of a regular enlisted member serving on active 
duty, the member is (A) denied reenlistment, or (B) involuntar-
ily discharged under other than adverse conditions, as 
characterized by the Secretary concerned; and 
"(4) in the case of a reserve enlisted member who is on full-
time active duty (or in the case of a member of the National 
Guard, full-time National Guard duty) for the purpose of 
organizing, administering, recruiting, instructing, or training 
the reserve components, the member (A) is denied reenlistment, 
or (B) is involuntarily discharged or released from active duty 
(or full-time National Guard) under other than adverse condi-
tions, as characterized by the Secretary concerned. 
"§ 1142. Preseparation counseling; transmittal of medical records 
to Department of Veterans Affairs 
"(a) REQUIREMENT.—(1) Upon the discharge or release from active 
duty of a member of the armed forces, the Secretary concerned shall 
provide for individual preseparation counseling of the member. A 
notation of the provision of such counseling with respect to each 
matter specified in subsection (b), signed by the member, shall be 
placed in the service record of each member receiving such 
counseling. 
"(2) In carrying out this section, the Secretary concerned may use 
the services available under section 1144 of this title. 
"(b) MATTERS TO BE COVERED BY COUNSELING.—Counseling under 
this section shall include the following: 
"(1) A discussion of the educational assistance benefits to 
which the member is entitled under the Montgomery GI Bill 
and other educational assistance programs because of the mem-
ber's service in the armed forces. 
"(2) A description (tp be developed with the assistance of the 
Secre,tary of Veterans Affairs) of the compensation and voca-
tional rehabilitation benefits to which the member may be 
entitled under laws administered by the Secretary of Veterans 
Affairs, if the member is being medically separated or is being 
retired under chapter 61 of this title. 
"(3) An explanation of the procedures for and advantages of 
affiliating with the Selected Reserve. 
"(4) Information concerning Government and private-sector 
programs for job search and job placement assistance. 
"(5) If the member has a spouse, job placement counseling for 
the spouse; 
"(6) Information concerning the availability of relocation 
assistance services and other benefits and services available to 
persons leaving military service, as provided under section 1144 
of this title. 
"(7) Information concerning the availability of medical and 
dental coversige following separation from active duty, includ-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1553 
ing the opportunity to elect into the conversion health policy 
provided under section 1145 of this title. 
"(8) Counseling (for the member and dependents) on the effect 
of career change on individuals and their families. 
"(9) Financial planning assistance. 
"(c) TRANSMITTAL OF MEDICAL INFORMATION TO DEPARTMENT OF 
VETERANS AFFAIRS.—In the case of a member being medically sepa-
rated or being retired under chapter 61 of this title, the Secretary 
concerned shall ensure (subject to the consent of the member) that a 
copy of the member's service mediced record (including any results 
of a Physical Evaluation Board) is transmitted to the Secretary of 
Veterans Affairs within 60 days of the separation or retirement. 
"§ 1143. Employment assistance: Department of Defense 
"(a) EMPLOYMENT SKILLS VERIFICATION.—The Secretary of Defense 
shall provide to members of the armed forces under the jurisdiction 
of the Secretary who are discharged or released from active duty a 
certification or verification of any job skills and experience acquired 
while on active duty that may have application to employment in 
the civilian sector. The preceding sentence shsdl be carried out in 
conjunction with the Secretary of Labor. 
"(b) EMPLOYMENT ASSISTANCE CENTERS.—The Secretary of Defense 
Establishment. 
shall establish permanent emplojonent sissistance centers at appro-
priate military installations. 
"(c) INFORMATION TO CIVILIAN ENTITIES.—For the purpose of 
assisting members covered by subsection (a) and their spouses in 
locating civilian employment and training opportunities, the Sec-
retary of Defense shall establish and implement procedures to 
release to civilian employers, organizations, State employment agen-
cies, and other appropriate entities the names (and other pertinent 
information) of such members and their spouses. Such names may 
be released for such purpose only with the consent of such members 
and spouses. 
"(d) 
EMPLOYMENT 
PREFERENCE BY NONAPPROPRIATED 
FUND 
INSTRUMENTALITIES.—The Secretary of Defense shall take such steps 
as necessary to provide that members of Army, Navy, Air Force, or 
Marine Corps who are involuntarily separated, and the dependents 
of such members, shall be provided a preference in hiring by 
nonappropriated fund instrumentalities of the Department. Such 
preference shall be administered in the same manner as the pref-
erence for military spouses provided under section 806(aX2) of the 
Military Family Act of 1985, except that a preference under that 
section shall have priority over a preference under this subsection. 
A person may receive a preference in hiring under this subsection 
only once. 
"§ 1144. Employment assistance, job training assistance, and other 
transitional services: Department of Labor 
"(a) IN GENERAL.—(1) The Secretary of Labor, in conjunction with 
the Secretary of Defense and the Secretary of Veterans Affairs, 
shall establish and maintain a program to furnish counseling, assist-
ance in identifying emplojrment and training opportunities, help in 
obtaining such emplojnnent and training, and other related informa-
tion and services to members of the armed forces under the jurisdic-
tion of the Secretary of a military department who are being 
separated from active duty and the spouses of such members. Such 
104 STAT. 1554 
PUBLIC LAW 101-510—NOV. 5, 1990 
Government 
contracts. 
Public 
information. 
Grant programs. 
services shall be provided to a member during the 180-day period 
before the member is separated from active duty. 
"(2) The Secretary of Defense and the Secretary of Veterans 
Affairs shall cooperate with the Secretary of Labor in establishing 
and maintaining the program under this section. 
"(3) The Secretaries referred to in paragraph (1) shall enter into a 
detailed agreement to carry out this section. The Eigreement shall be 
entered into no later than 60 days after the date of the enactment of 
this section. 
"(b) ELEMENTS OF PROGRAM.—In establishing and carrying out a 
program under this section, the Secretary of Labor shall do the 
following: 
"(1) Provide information concerning employment and train-
ing assistance, including (A) labor market information, (B) ci-
vilian work place requirements and employment opportunities, 
(C) instruction in resume preparation, and (D) job analysis 
techniques, job search techniques, and job interview techniques. 
"(2) In providing information under paragraph (1), use experi-
ence obtained from implementation of the pilot program estab-
lished under section 408 of Public Law 101-237. 
"(3) Provide information concerning Federal, State, and local 
programs, and programs of military and veterans service 
organization, that may be of assistance to such members after 
separation from the Armed Forces, including, £is appropriate, 
the information and services to be provided under section 1142 
of this title. 
"(4) Inform such members that the Department of Defense is 
required under section 1143(a) of this title to provide proper 
certification or verification of job skills and experience acquired 
while on active duty that may have application to employment 
in the civilian sector for use in seeking civilian employment and 
in obtaining job search skills. 
"(5) Provide information and other assistance to such mem-
bers in their efforts to obtain loans and grants from the Small 
Business Administration and other Federal, State, and local 
agencies. 
"(6) Provide information about the geographic areas in which 
such members will relocate after separation from the armed 
forces, including, to the degree possible, information about 
employment opportunities, the labor market, and the cost of 
living in such area (including, to the extent practicable, the cost 
and availability of housing, child care, education, and medical 
and dental care). 
"(7) Work with military and veterans' service organizations 
and other appropriate organizations in promoting and publiciz-
ing job fairs for such members. 
"(c) PARTICIPATION.—The Secretary of Defense shall encourage 
and otherwise promote maximum participation by members of the 
armed forces eligible for assistance under the program carried out 
under this section. 
"(d) USE OF PERSONNEL AND ORGANIZATIONS.—In carrjring out 
the 
program established under this section, the Secretaries may— 
"(1) provide, as the case may be, for the use of disabled 
veterans outreach program specialists, local veterans' employ-
ment representatives, and other employment service personnel 
funded by the Department of Labor to the extent that the 
Secretary of Labor determines that such use will not signifi-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1555 
cantly interfere with the provision of services or other benefits 
to eligible veterans and other eligible recipients of such services 
or benefits; 
"(2) use military and civilian personnel of the Department of 
Defense; 
"(3) use personnel of the Veterans Benefits Administration of 
the Department of Veterans Affairs and other appropriate 
personnel of that Department; 
"(4) use representatives of military and veterans' service 
organizations; 
"(5) enter into contracts with public or private entities; and 
"(6) take other necessary action to develop and furnish the 
information and services to be provided under this section. 
"(e) FUNDING.—(1) There is authorized to be appropriated to the 
Department of Labor to carry out this section $4,000,000 for fiscal 
year 1991 and $9,000,000 for each of fiscal years 1992 and 1993. 
"(2) There is authorized to be appropriated to the Department of 
Veterans Affairs to carry out this section $1,000,000 for fiscal year 
1991 and $4,000,000 for each of fiscal years 1992 and 1993. 
"§ 1145. Health benefits 
"(a) TRANSITIONAL HEALTH CARE.—(1) For the applicable time 
period described in paragraph (2), a member of the armed forces who 
is involuntarily separated from active duty during the five-year 
period beginning on October 1, 1990 (and the dependents of the 
member), shall be entitled to receive— 
"(A) medical and dental care under section 1076 of this title in 
the same manner as a dependent described in subsection (aX2) 
of such section; and 
"(B) health benefits contracted under the authority of section 
1079(a) of this title and subject to the same rates and conditions 
as apply to persons covered under that section. 
"(2) Transitional health care shall be available under subsection 
(a) for a specified time period beginning on the date on which the 
member is involuntarily separated as follows: 
"(A) For members involuntarily separated with less than six 
years of active service, 60 days. 
"(B) For members involuntarily separated with six or more 
years of active service, 120 days. 
"(b) CONVERSION HEALTH POLICIES.—(1) The Secretary of Defense 
shall inform each member referred to in subsection (a) before the 
date of the member's discharge or release from active duty of the 
av£iilability for purchase by the member of a conversion health 
policy for the member and the dependents of that member. 
"(2) If a member referred to in subsection (a) purchases a conver-
sion health policy during the period applicable to the member (or 
within a reasonable time after that period as prescribed by the 
Secretary of Defense), the Secretary shall provide health care, or 
pay the costs of health care provided, to the member and the 
dependents of the member— 
"(A) during the one-year period beginning on the date on 
which covergige under the conversion health policy begins; and 
"(B) for a condition (including pregnancy) that exists on such 
date and for which care is not provided under the policy solely 
on the grounds that the condition is a preexisting condition. 
104 STAT. 1556 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(3) The Secretary of Defense may arrange for the provision of 
health care described in paragraph (2) through a contract with the 
insurer offering the conversion heeilth poUcy. 
"(c) HEALTH CARE FOR CERTAIN SEPARATED MEMBERS NOT OTHER-
WISE EuGiBLE.—(1) Consistent with the authority of the Secretary 
concerned to designate certain classes of persons as eligible to 
receive health care at a military medical facility, the Secretary 
concerned should consider authorizing, on an individual basis in 
cases of hardship, the provision of that care for a member who is 
separated from the armed forces during the five-year period begin-
ning on October 1,1990, and is ineligible for transitioned health care 
under subsection (a) or does not obtain a conversion health policy (or 
a dependent of the member). 
"(2) The Secretary concerned shall give special consideration to 
requests for such care in cases in which the condition for which 
treatment is required was incurred or aggravated by the member or 
the dependent before the date of the separation of the member, 
particularly if the condition is a result of the particular cir-
cumstances of the service of the member. 
"(d) DEFINITION.—In this section, the term 'conversion health 
policy' means a health insurance policy with a private insurer, 
developed through negotiations between the Secretary of Defense 
and a private insurer, that is available for purchase by or for the use 
of a person who is no longer a member of the armed forces or a 
covered beneficiary. 
"§ 1146. Commissary and exchange beneHts 
Regulations. 
"The Secretary of Defense shall prescribe regulations to allow a 
member of the armed forces who is involuntarily separated from 
active duty during the five-year period beginning on October 1,1990, 
to continue to use commissary and exchange stores during the two-
year period beginning on the date of the involuntary separation of 
the member in the same manner as a member on active duty. 
"§ 1147. Use of military family housing 
"(a) TRANSITION FOR INVOLUNTARILY SEPARATED MEMBERS.—The 
Secretary of a military department may, pursuant to regulations 
prescribed by the Secretary of Defense, permit individuals who are 
involuntarily separated during the five-year period beginning on 
October 1, 1990, to continue for not niore than 180 days after the 
date of such separation to reside (along with other members of the 
individuEil's household) in military family housing provided or 
leased by the Department of Defense to such individual as a member 
of the armed forces. 
"(b) RENTAL CHARGES.—The Secretary concerned, pursuant to 
such regulations, shall require a reasonable rental charge for the 
continued use of military family housing under subsection (a), 
except that such Secretary may waive all or any portion of such 
charge in any case of hardship. 
"§ 1148. Relocation assistance for personnel overseas 
"The Secretary of Defense shall develop a program specifically to 
assist members of the armed forces stationed overseas who are 
preparing for discharge or release from active duty, and the depend-
ents of such members, in readjusting to civilian life. The program 
shall focus on the special needs and requirements of such members 
and dependents due to their overseas locations and shall include, to 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1557 
the maximum extent possible, computerized job relocation assist-
ance and job search information. 
"§ 1149. Excess leave and permissive temporary duty 
"Under regulations prescribed by the Secretary of Defense, the 
Secretary of the military department concerned shall grant a 
member of the armed forces who is to be involuntarily separated 
such excess leave (for a period not in excess of 30 days), or such 
permissive temporary duty (for a period not in excess of 10 days), as 
the member requires in order to facilitate the member's carrying 
out necessary relocation activities (such as job search and residence 
search activities), unless to do so would interfere with military 
missions. 
"§ 1150. Afniiation with Guard and Reserve units: waiver of cer-
tain limitations 
"(a) PREFERENCE FOR CERTAIN PERSONS.—A person who is involun-
tarily separated from the armed forces during the five-year period 
beginning on October 1, 1990, and who applies to become a member 
of a National Guard or Reserve unit within one year after the date 
of such separation shall be given preference over other equally 
qualified applicants for existing or projected vacancies within the 
unit to which the member applies. 
"(b) LIMITED WAIVER OF STRENGTH LIMITATIONS.—Under regula-
tions prescribed by the Secretary of Defense, a person covered by 
subsection (a) who enters a National Guard or Reserve unit pursu-
ant to an application described in such subsection may be retained 
in that unit for up to three years without regard to reserve-compo-
nent strength limitations so long as the individual maintains good 
standing in that unit.". 
(2) The tables of chapters at the beginning of subtitle A, and at the 
beginning of part II of subtitle A, of such title are amended by 
inserting after the item relating to chapter 57 the following new 
item: 
"58. Beneflts and Services for Members Being Separated or Recently Sepa-
rated 
1141". 
Oa) CONFORMING AMENDMENTS.—(1) Section 1046 of such title is 
repealed. 
(2) The table of sections at the beginning of chapter 53 of such title 
is amended by striking out the item relating to section 1046. 
(c) IMPLEMENTATION REPORTS.—(1) Not later than 90 days after the 
lo use 1144 
date of the enactment of this Act, the Secretary of Labor shall "°*® 
submit to Congress a report setting forth the agreement entered into 
to carry out section 1144 of title 10, United States Code, as added by 
subsection (a). The report shall include a detailed description of the 
responsibilities of the Secretary of Labor, the Secretary of Defense, 
and the Secretary of Veterans Affairs in carr5dng out that section 
and of the steps that have been taken to carry out those responsibil-
ities. 
(2) Not later than one year after the date of the enactment of this 
Act, the Secretary of Labor shall submit to Congress a report 
containing a detailed evaluation of the program carried out under 
that section to the date of the submission of the report. 
(3) The reports under paragraphs (1) and (2) shall be prepared in 
consultation with the Secretary of Defense and the Secretary of 
Labor. 
104 STAT. 1558 
PUBLIC LAW 101-510—NOV. 5, 1990 
10 use 1148 
note. 
37 use 406 note. 
(d) PILOT PROGRAM.—During fiscal year 1991, the Secretary shall 
carry out the program required by section 1148 of title 10, United 
States Code, as added by subsection (a), at not less than 10 military 
installations located outside the United States. 
SEC. 503. TRAVEL AND TRANSPORTATION ALLOWANCES RELATING TO 
MEMBERS INVOLUNTARILY SEPARATED 
(a) MEMBERS.—(1) Subsection (cXD of section 404 of title 37, United 
States Code, is amended— 
(A) by striking out "or" at the end of subparagraph (A); 
(B) by inserting "or" at the end of subparagraph (B); 
(C) by inserting after subparagraph (B) the following: 
"(C) is involuntarily separated from active duty during the 
five-year period beginning on October 1,1990," and 
(D) by inserting "involuntarily separated," after "placed on 
that list," in the material following the subparagraphs. 
(2) Subsection (fX2)(B) of such section is amended— 
(A) by striking out "or" at the end of clause (iii); 
(B) by striking out the period at the end of clause (iv) and 
inserting in lieu thereof "; or"; and 
(C) by adding at the end the following: 
"(v) who is involuntarily separated from active duty during 
the five-year period beginning on October 1,1990.". 
(3) Such section is further amended by adding at the end the 
following new subsection: 
"(j) In this section, the term 'involuntarily separated' has the 
meaning given that term in section 1141 of title 10.". 
Q}) DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS.—(1) Subsec-
tion (a)(2)(B) of section 406 of such title is amended— 
(A) by striking out "or" at the end of clause (iii); 
(B) by striking out the period at the end of clause (iv) and 
inserting in lieu thereof "; or"; and 
(C) by adding at the end the following: 
"(v) who is involuntarily separated from active duty during 
the five-year period beginning on October 1,1990.". 
(2) Subsection (g)(1) of such section is amended— 
(A) by striking out "; or" at the end of subparagraph (A); 
(B) by inserting "or" at the end of subparagraph (B); 
(C) by inserting after subparagraph (B) the following: 
"(C) is involuntarily separated from active duty during the 
five-year period beginning on October 1,1990," and 
(D) by inserting "involuntarily separated," after "placed on 
that list," in the material following the subparagraphs. 
(3) Subsection (a) of such section is amended by adding at the end 
the following new paragraph: 
"(4) In this section, the term 'involuntarily separated' has the 
meaning given that term in section 1141 of title 10.". 
(c) STORAGE OF HOUSEHOLD EFFECTS.—(1) The Secretary of a mili-
tary department shall exercise the authority provided by section 406 
of title 37, United States Code, to provide nontemporary storage of 
baggage and household effects for a period not longer than one year 
in the case of individuals who are involuntarily separated during 
the five-year period beginning on October 1,1990. 
(2) For purposes of this subsection, the term "involuntarily sepa-
rated" has the meaning given that term in section 1141 of title 10, 
United States Code. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1559 
SEC. 504. CONTINUATION OF ENROLLMENT IN SCHOOLS OF THE DEFENSE 
DEPENDENTS' EDUCATION SYSTEM FOR DEPENDENTS OF 
MEMBERS INVOLUNTARILY SEPARATED 
(a) CONTINUATION OF ENROLLMENT.—Section 1407 of the Defense 
Dependents' Education Act of 1978 (20 U.S.C. 926) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection 0?) the following new subsec-
tion: 
"(c) CONTINUATION OF ENROLLMENT FOR CERTAIN DEPENDENTS OF 
MEMBERS OF THE ARMED FORCES INVOLUNTARILY SEPARATED.—(1) A 
member of the Armed Forces serving on active duty on Septem-
ber 30,1990, who is involuntarily separated during the five-year period 
beginning on October 1, 1990, and who has a dependent described in 
paragraph (2) who is enrolled in a school of the defense dependents' 
education system (or a school for which tuition is provided under 
subsection (b)) on the date of that separation shall be eligible to 
enroll or continue the enrollment of that dependent at that school 
(or another school serving the same community) for the final year of 
secondary education of that dependent in the same manner as if the 
member were still on active duty. 
"(2) A dependent referred to in paragraph (1) is a dependent who 
on the date of the separation of the member has completed the 
eleventh grade and is likely to complete secondary education within 
the one-year period beginning on that date.". 
(b) INVOLUNTARILY SEPARATED DEFINED.—Section 1414 of that Act 
(20 U.S.C. 932) is amended by adding at the end the following new 
paragraph: 
"(5) The term 'involuntarily separated' has the meaning given 
that term in section 1141 of title 10, United States Code.". 
PART B—DEFENSE OFFICER PERSONNEL MANAGEMENT POUCIES 
SEC. 521. OFFICER RETENTION FLEXIBILITY 
(a) IN GENERAL.—(1) Chapter 36 of title 10, United States Code, is 
amended by inserting after section 638 the following new section: 
"§ 638a. Modincation to rules for continuation on active duty; 
enhanced authority for selective early retirement and 
early discharges 
"(a) The Secretary of Defense may authorize the Secretary of a 
military department, during the five-year period beginning on Octo-
ber 1,1990, to take any of the actions set forth in subsection (b) with 
respect to officers of an armed force under the jurisdiction of that 
Secretary. 
"(b) Actions which the Secretary of a military department may 
take with respect to officers of an armed force when authorized to do 
so under subsection (a) are the following: 
"(1) Shortening the period of the continuation on active duty 
established under section 637 of this title for a regular officer 
who is serving on active duty pursuant to a selection under that 
section for continuation on active duty. 
"(2) Providing that regular officers on the active-duty list may 
be considered for early retirement by a selection board con-
vened under section 611(b) of this title in the case of officers 
described in any of subparagraphs (A) through (C) as follows: 
104 STAT. 1560 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(A) Officers in the regular grade of lieutenant colonel or 
commander who would be subject to consideration for selec-
tion for early retirement under section 638(a)(1)(A) of this 
title except that they have failed of selection for promotion 
only one time (rather than two or more times). 
"(B) Officers in the regular grade of colonel or, in the case 
of the Navy, captain who would be subject to consideration 
for selection for early retirement under section 638(a)(1)(B) 
of this title except that they have served on active duty in 
that grade less than four years (but not less than two years). 
"(C) Officers holding a regular grade below the grade of 
colonel or, in the case of the Navy, captain who are not 
eligible for retirement under section 3911, 6323, or 8911 of 
this title but who after two additional years of active 
service as a commissioned officer would be eligible for 
retirement under one of those sections and whose names 
are not on a list of officers recommended for promotion. 
"(3) Suspending section 638(c) of this title. 
"(4) Convening selection boards under section 611(b) of this 
title to consider for discharge regular officers on the active-duty 
list in a grade below lieutenant colonel or commander— 
"(A) who have served at least one year of active duty in 
the grade currently held; 
"(B) whose names are not on a list of officers rec-
ommended for promotion; and 
"(C) who are not eligible to be retired under any provision 
of law and are not within two years of becoming so eligible. 
"(c) In the case of an action under subsection (b)(2), the Secretary 
of the military department concerned shall specify the number of 
officers described in that subsection which a selection board con-
vened under section 611(b) of this title pursuant to the authority of 
that subsection may recommend for early retirement. Such number 
may not be more than 30 percent of the number of officers consid-
ered in each grade in each competitive category. 
"(d)(1) In the case of an action under subsection (b)(4), the Sec-
retary of the military department concerned may submit to a 
selection board convened pursuant to that subsection— 
"(A) the names of all officers described in that subsection in a 
particular grade and competitive category; or 
"(B) the names of all officers described in that subsection in a 
particular grade and competitive category who also are in 
particular year groups or specialties, or both, within that 
competitive category. 
"(2) The Secretary concerned shall specify the total number of 
officers to be recommended for discharge by a selection board 
convened pursuant to subsection (b)(4). That number may not be 
more than 30 percent of the number of officers considered— 
"(A) in each grade in each competitive category; or 
"(B) in each grade, year group, or specialty (or combination 
thereof) in each competitive category. 
"(3) The total number of officers described in subsection (b)(4) from 
any of the armed forces (or from any of the armed forces in a 
particular grade) who may be recommended during a fiscal year for 
discharge by a selection board convened pursuant to the authority of 
that subsection may not exceed 70 percent of the decrease, as 
compared to the preceding fiscal year, in the number of officers of 
that armed force (or the number of officers of that armed force in 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1561 
that grade) authorized to be serving on active duty as of the end of 
that fiscal year. 
"(4) An officer who is recommended for discharge by a selection 
board convened pursuant to the authority of subsection (b)(4) and 
whose discharge is approved by the Secretary concerned shall be 
discharged on a date specified by the Secretary concerned. 
"(5) Selection of officers for discharge under this subsection shall 
be based on the needs of the service. 
"(e) The discharge or retirement of an officer pursuant to this 
section shall be considered to be involuntary for purposes of any 
other provision of law.". 
(2) The table of sections at the beginning of subchapter IV of such 
chapter is amended by inserting after the item relating to section 
638 the following new item: 
"638a. Modification to rules for continuation on active duty; enhanced authority for 
selective early retirement and early discharges.". 
(b) CONFORMING AMENDMENTS.—(1) Section 637 of title 10, United 
States Code, is amended— 
(A) by adding at the end of subsection (c) the following new 
sentence: "The period of the continuation on active duty of an 
officer under this section may be reduced by the Secretary 
concerned in the case of any officer as provided in section 638a 
of this title."; 
(B) by redesignating subsection (d) as subsection (e); and 
(C) by inserting after subsection (c) the following new subsec-
tion: 
"(d) For purposes of this section, a period of continuation on active 
duty under this section expires or is completed on the earlier of (1) 
the date originally established for the termination of such period, or 
(2) the date established for the termination of such period by any 
shortening of such period under section 638a of this title.". 
(2)(A) Subsection (a) of section 638 of title 10, United States Code, 
is amended by adding at the end the following new paragraph: 
"(3) A regular officer on the active-duty list of the Army, Navy, 
Air Force, or Marine Corps may also be considered for early retire-
ment under the circumstances prescribed in section 638a of this 
title.". 
(B) Subsection (b)(1) of such section is amended by inserting "or 
section 638a of this title" after "under this section". 
SEC. 522. REDUCTION IN TIME-IN-GRADE REQUIREMENT FOR RETENTION 
OF GRADE UPON VOLUNTARY RETIREMENT 
Section 1370(a)(2) of title 10, United States Code, is amended— 
(1) by inserting "(A)" after "(2)"; 
(2) by inserting after "not less than three years" at the end of 
the first sentence the following: ", except that the Secretary of 
Defense may authorize the Secretary of a military department 
to reduce such period to a period not less than two years in the 
case of retirements effective during the five-year period begin-
ning on October 1,1990"; 
(3) by designating the second, and third sentences as subpara-
graph (B) and by striking out "the preceding sentence" in the 
first sentence of such subparagraph (as so designated) and 
inserting in lieu thereof "subparagraph (A)"; and 
(4) by adding at the end the following: 
"(C) The number of officers in an armed force in a grade for whom 
a reduction is made during any fiscal year in the period of service-in-
104 STAT. 1562 
PUBLIC LAW 101-510—NOV. 5, 1990 
grade otherwise required under this paragraph may not exceed the 
number equal to two percent of the authorized active-duty strength 
for that fiscal year for officers of that armed force in that grade.". 
SEC. 523. REQUIRED LENGTH OF COMMISSIONED SERVICE FOR VOL-
UNTARY RETIREMENT AS AN OFFICER 
(a) ARMY.—Section 3911 of title 10, United States Code, is 
amended— 
(1) by inserting "(a)" at the beginning of the text of the 
section; and 
(2) by adding at the end the following: 
"(b) The Secretary of Defense may authorize the Secretary of the 
Army, during the five-year period beginning on October 1, 1990, to 
reduce the requirement under subsection (a) for at least 10 years of 
active service as a commissioned officer to a period (determined by 
the Secretary of the Army) of not less than eight years.". 
O
t
>
) NAVY AND MARINE CORPS.—Section 6323(a) of such title is 
amended— 
(1) by inserting "(1)" after "(a)"; and 
(2) by adding at the end the following: 
"(2) The Secretary of Defense may authorize the Secretary of the 
Navy, during the five-year period beginning on October 1, 1990, to 
reduce the requirement under paragraph (1) for at least 10 years of 
active service as a commissioned officer to a period (determined by 
the Secretary) of not less than eight years.". 
(c) AIR FORCE.—Section 8911 of such title is amended— 
(1) by inserting "(a)" at the beginning of the text of the 
section; and 
(2) by adding at the end the following: 
"Ot)) The Secretary of Defense may authorize the Secretary of the 
Air Force, during the five-year period beginning on October 1, 1990, 
to reduce the requirement under subsection (a) for at lesist 10 years 
of active service as a commissioned officer to a period (determined 
by the Secretary of the Air Force) of not less than eight years.". 
10 u s e 591 note. 
SEC. 524. REPORT ON INITIAL APPOINTMENT OF ALL OFFICERS AS RE-
SERVE OFFICERS AND ON THE APPROPRIATE ACTIVE DUTY 
OBLIGATION OF GRADUATES OF THE SERVICE ACADEMIES 
(a) REPORT REQUIRED.—The Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on— 
(1) the advantages, disadvantages, and desirability of initially 
appointing all persons commissioned as officers in the Army, 
Navy, Air Force, or Marine Corps as Reserve officers, and 
(2) what the appropriate active duty service obligation should 
be for graduates of the service academies. 
(b) DEADUNE FOR REPORT.—(1) The Secretary shall submit the 
report required by subsection (a), together with such comments and 
recommendations as the Secretary considers appropriate, not later 
than 60 days after the date of the enactment of this Act. 
(2) If the report is not submitted within 60 days after the date of 
the enactment of this Act, then— 
(A) all persons initially appointed as commissioned officers in 
the Army, Navy, Air Force, and Marine Corps after the 60th 
day following the date of the enactment of this Act shall be 
appointed as commissioned officers in a Reserve component of 
the Armed Forces; and 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1563 
(B) all persons entering the service academies after the 60th 
day following the date of the enactment of this Act shall incur 
£in obligation to serve on active duty for a period of five years. 
(c) SERVICE ACADEMY DEFINED.—For purposes of this section, the 
term "service academies" means the United States Military Acad-
emy, the United States Naval Academy, and the United States Air 
Force Academy. 
PART C—OFFICER EDUCATION AND TRAINING 
SEC. 531. REDUCTION IN THE NUMBER OF APPOINTMENTS FOR THE 
10 USC 4342 
CLASS OF A SERVICE ACADEMY ENTERING IN 1991 AND IN 1995 
note. 
(a) REDUCTION REQUIRED.—The number of appointments made for 
the class entering a service academy in 1991 may not exceed the 
number that is 100 less than the number of appointments for the 
class that entered that service academy in 1990. The number of 
appointments made for the class entering a service academy in 1995 
may not exceed 1,000. The reductions required by this section may 
not be achieved by reducing the number of appointments under 
section 4342(a), 6954(a), or 9342(a) of title 10, United States Code. 
(b) SERVICE ACADEMY DEFINED.—For purposes of this section, the 
term "service academy" means the United States Military Acad-
emy, the United States Naval Academy, or the Air Force Academy. 
SEC. 532. REPEAL OF AUTHORITY OF ADMINISTRATOR OF PANAMA CANAL 
COMMISSION TO NOMINATE CADETS AND MIDSHIPMEN 
(a) MILITARY ACADEMY.—(1) Section 4342 of title 10, United States 
Code, is amended— 
(A) in subsection (a)— 
(i) by striking out clause (8); and 
(ii) by redesignating clauses (9) and (10) as clauses (8) and 
(9), respectively; 
(B) in subsection (d), by striking out "(2)-(7), (9), or (10)" and 
inserting in lieu thereof "(2) through (9)"; and 
(C) in subsection (f), by striking out "(3)-(7), (9) and (10)" and 
inserting in lieu thereof "(3) through (9)". 
(2) Section 9343 of such title is amended by striking out "(2)-(9)" 
and inserting in lieu thereof "(2) through (8)". 
(b) NAVAL ACADEMY.—(1) Section 6954 of such title is amended— 
(A) in subsection (a)— 
(i) by striking out clause (8); and 
(ii) by redesignating clauses (9) and (10) as clauses (8) and 
(9), respectively; and 
(B) in subsection (d), by striking out "(2)-(7), (9), or (10)" and 
inserting in lieu thereof "(2) through (9)". 
(2) Section 6956(c) of such title is amended by striking out "(2)-(9)" 
and inserting in lieu thereof "(2) through (8)". 
(3) Section 69580t)) of such title is amended by striking out "(3)-(7), 
(9) and (10)" and inserting in lieu thereof "(3) through (9)". 
(c) AIR FORCE ACADEMY.—(1) Section 9342 of such title is 
amended— 
(A) in subsection (a)— 
(i) by striking out clause (8); and 
(ii) by redesignating clauses (9) and (10) £is clauses (8) £ind 
(9) resoectivelv 
(B) in subsection (d), by striking out "(2)-(7), (9), or (10)" and 
inserting in lieu thereof "(2) through (9)"; and 
104 STAT. 1564 
PUBLIC LAW 101-510—NOV. 5, 1990 
(C) in subsection (f), by striking out "(3)-(7), (9) and (10)" and 
inserting in lieu thereof "(3) through (9)". 
(2) Section 9343 of such title is amended by striking out "(2H9)" 
and inserting in lieu thereof "(2) through (8)". 
SEC. 533. MODIFICATION OF THE TEN-YEAR SERVICE OBLIGATION FOR 
GRADUATES OF THE UNIFORMED SERVICES UNIVERSITY OF 
THE HEALTH SCIENCES 
(a) REDUCTION IN REQUIRED ACTIVE-DUTY SERVICE.—Subsection (b) 
of section 2114 of title 10, United States Code, is amended by 
striking out "10 years" in the fourth sentence and inserting in lieu 
thereof "seven years". 
0)) 
RESERVE 
SERVICE 
REQUIRED.—Such 
section 
is 
further 
amended— 
(1) in subsection (b), by inserting after the fourth sentence the 
following new sentence: "Upon completion of, or release from, 
the active-duty service obligation, a member of the program 
who served on active-duty for less than 10 years shall serve in 
the Ready Reserve for the period specified in the following 
table: 
"Period of Service 
Ready Reserve 
on Active Duty 
Obligation 
Less than 8 years 
6 years 
8 years or more, but less than 9 
4 years 
9 years or more, but less than 10 
2 years". 
(2) in subsection (c), by striking out "an active duty obliga-
tion" and inserting in lieu thereof "a commissioned service 
obligation"; and 
(3) by adding at the end the following new subsection: 
"(f) In this section, the term 'commissioned service obligation' 
means, with respect to an officer who is a graduate of the Univer-
sity, the period beginning on the date of the appointment of the 
officer in a regular component after graduation and ending on the 
tenth anniversary of that appointment.". 
(c) CONFORMING AMENDMENT.—Section 511(e) of the National De-
fense Authorization Act for Fiscal years 1990 and 1991 (Public Law 
10 use 2114 
101-189: 103 Stat. 1439) is amended by striking out "the Uniformed 
^°^- 
Services University of the Health Sciences or". 
10 use 2114 
(d) EFFECTIVE DATE.—The amendment made by subsection (b) 
note. 
shall take effect on December 31, 1991, and shall apply to persons 
who are first admitted to the Uniformed Services University of the 
Health Sciences after that date. 
SEC. 534. ADVANCED EDUCATIONAL ASSISTANCE 
Section 2005 of title 10, United States Code, is amended— 
(1) in subsection (aX3), by inserting "or fails to fulfill any term 
or condition prescribed pursuant to clause (4)," after "agree-
ment,"; and 
(2) in subsection (fKD, by inserting "or fails to fulfill any term 
or condition prescribed pursuant to clause (4) of such subsec-
tion," after "agreement,". 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1565 
PART E—MILITARY JUSTICE AMENDMENTS 
SEC. 541. CLARIFICATION OF CERTAIN PROVISIONS IN UNIFORM CODE 
OF MILITARY JUSTICE 
(a) 
PRETRIAL 
SESSIONS 
INVOLVING 
MILITARY 
JUDGE 
ACTING 
ALONE.—Section 839(a) of title 10, United States Code (article 39(a) 
of the Uniform Code of Military Justice), is amended by adding at 
the end the following new sentence: "These proceedings may be 
conducted notwithstanding the number of members of the court and 
without regard to section 829 of this title (article 29).". 
(b) CHALLENGES TO MEMBERS OF COURTS-MARTIAL FOR CAUSE WHEN 
MEMBERSHIP BELOW MINIMUM NUMBER.—Subsection (a) of section 
841 of title 10, United States Code (article 41 of the Uniform Code of 
Military Justice), is amended— 
(1) by inserting "(1)" after "(a)"; and 
(2) by adding at the end the following: 
"(2) If exercise of a challenge for cause reiduces the court below the 
minimum number of members required by section 816 -of this title 
(article 16), all parties shall (notwithstanding section 829 of this title 
(article 29)) either exercise or waive any challenge for cause then 
apparent against the remaining members of the court before addi-
tional members are detailed to the court. However, peremptory 
challenges shall not be exercised at that time.". 
(c) PEREMPTORY CHALLENGES WHEN MEMBERSHIP BELOW MINIMUM 
NUMBER.—Subsection (b) of such section (article) is amended to read 
as follows: 
"(bXD Each accused and the trial counsel are entitled initially to 
one peremptory challenge of members of the court. The military 
judge may not be challenged except for cause. 
"(2) If exercise of a peremptory challenge reduces the court below 
the minimum number of members required by section 816 of this 
title (article 16), the parties shall (notwithstanding section 829 of 
this title (article 29)) either exercise or wsiive any remaining 
peremptory challenge (not previously waived) £igainst the remaining 
members of the court before additional members are detailed to the 
court.". 
(d) ADDITIONAL PEREMPTORY CHALLENGES WHEN NEW MEMBERS 
DETAILED.—Such section (article) is further amended by adding at 
the end the following new subsection: 
"(c) Whenever additional members are detailed to the court, and 
after any challenges for cause against such additional members are 
presented and decided, each accused and the trail counsel are 
entitled to one peremptory challenge against members not pre-
viously subject to peremptory challenge.". 
(e) EFFECTIVE DATE.—The gmiendments made by subsections (a) 
10 USC 839 note. 
through (d) shall apply only to a court-martial convened on or after 
the date of the enactment of this Act. 
(f) COURT OF MIUTARY APPEALS.—Section 942(b) of title 10, United 
States Code (article 142(b) of the Uniform Code of Military Justice), 
is amended— 
(1) by striking out "civil life" in paragraph (1) and inserting in 
lieu thereof "civilian life"; and 
(2) by adding at the end the following new paragraph: 
"(4) For purposes of appointment of judges to the court, a person 
retired from the armed forces after 20 or more years of active 
104 STAT. 1566 
PUBLIC LAW 101-510—NOV. 5, 1990 
service (whether or not such person is on the retired list) shall not be 
considered to be in civilian life.". 
PART F—MISCELLANEOUS 
SEC. 551. SERVICES BY NOTARIES PUBLIC 
(a) IN GENERAL.^—(1) Chapter 53 of title 10, United States Code, is 
amended by inserting after section 1044 the following new section: 
"§ 1044a. Authority to act as notary 
"(a) The persons named in subsection (b) have the general powers 
of a notary public and of a consul of the United States in the 
performance of all notarial acts to be executed by any of the 
following: 
"(1) Members of any of the armed forces. 
"(2) Other persons eligible for legal assistance under the 
provisions of section 1044 of this title or regulations of the 
Department of Defense. 
"(3) Persons serving with, employed by, or accompanjdng the 
armed forces outside the United States and outside the 
Commonwealth of Puerto Rico, Guam, and the Virgin Islands. 
"(4) Other persons subject to the Uniform Code of Military 
Justice (chapter 47 of this title) outside the United States. 
"(b) Persons with the powers described in subsection (a) are the 
following: 
"(1) All judge advocates on active duty or performing inactive-
duty training. 
"(2) All civilian attorneys serving as legal assistance officers. 
"(3) All adjutants, assistant adjutants, and personnel adju-
tants on active duty or performing inactive-duty training. 
"(4) All other persons on active duty or performing inactive-
duty training who are designated by regulations of the armed 
forces or by statute to have those powers. 
"(c) No fee may be paid to or received by any person for the 
performance of a notarial act authorized in this section. 
"(d) The signature of any such person acting as notary, together 
with the title of that person's offices, is prima facie evidence that the 
signature is genuine, that the person holds the designated title, and 
that the person is authorized to perform a notarial act.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1044 the 
following new item: 
"1044a. Authority to act as notary.". 
(b) CONFORMING AMENDMENTS.—Section 936 of title 10, United 
States Code (article 136 of the Uniform Code of Military Justice), is 
amended— 
(1) in subsection (a), by striking out ", and have the general 
powers" and all that follows through "United States" the third 
place it appears; and 
(2) by striking out subsections (c) and (d). 
SEC. 552. MEANING OF THE TERM "OFFICE" UNDER SECTION 2071(b) OF 
TITLE 18, UNITED STATES CODE 
(a) NoNAPPLiCABiUTY T
O RETIRED OFFICERS,—Section 2071(b) of 
title 18, United States Code, is amended by adding at the end the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1567 
note. 
following: "As used in this subsection, the term 'office' does not 
include the office held by any person as a retired officer of the 
Armed Forces of the United States.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 18 use 2071 
shall be effective as of January 1,1989. 
SEC. 553. EXTENSION TO COAST GUARD OF LAW PROVIDING FOR IDENTI-
FICATION, TREATMENT, AND REHABILITATION OF MEMBERS 
OF THE ARMED FORCES WHO ARE DEPENDENT ON DRUGS OR 
ALCOHOL 
Section 1090 of title 10, United States Code, is amended by insert-
ing ", and the Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Navy," after 
"Secretary of Defense". 
SEC. 5
5
4
. 
ADVISORY COMMITTEE ON MENTAL HEALTH EVALUATION 
PROTECTIONS 
(a) REQUIREMENT.—Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall establish an 
advisory committee to carry out the functions described in subsec-
tion (d). 
(b) MEMBERSHIP.—The advisory committee shall include not fewer 
than 12 members, including the following: 
(1) Three board-certified psychiatrists who are officers of the 
Armed Forces, one of whom shall be an officer in the Medical 
Corps of the Army, one of whom shall be an officer in the 
Medical Corps of the Navy, and one of whom shall be an officer 
in the Air Force designated as a medical officer. 
(2) One board-certified psychiatrist who is a civilian not em-
ployed by the Department of Defense, with expertise in proce-
dures for the psychiatric commitment of civilian adults. 
(3) Three clinical psychologists who are officers of the Armed 
Forces and who have been awarded a diploma as a Diplomate in 
Psychology by the American Board of Professional Psychology, 
one of whom shall be an x)fficer in the Medical Service Corps of 
the Army, one of whom shall be an officer in the Medical 
Service Corps of the Navy, and one of whom shall be an officer 
in the Air Force who is designated as a biomedical sciences 
officer. 
(4) One clinical psychologist who is a civilian not employed by 
the Department of Defense and who has been awarded a di-
ploma as a Diplomate in Psychology by the American Board of 
Professional Psychology. 
(5) Three judge advocates, one each from the Army, the Navy, 
and the Air Force, with expertise in pretrial restraint and other 
procedures Eissociated with the mental health evaluation of 
individuals subject to the Uniform Code of Military Justice. 
(6) An attorney who is a civilian not employed by the Depart-
ment of Defense, with expertise in legal procedures associated 
with the psychiatric commitment of civilian adults. 
(7) Such other civilian officials (employed by the Department 
of Defense or otherwise employed) and members of the Armed 
Forces as the Secretary considers appropriate. 
(c) CHAIRMAN.—The Secretary of Defense shall appoint a chair-
man of the advisory committee from among the members of the 
committee. 
10 use 1074 
note. 
Establishment. 
104 STAT. 1568 
PUBLIC LAW 101-510—NOV. 5, 1990 
Regulations. 
(d) FUNCTIONS.—(1) The advisory committee shall develop and 
recommend to the Secretary regulations on procedural protections 
that should be afforded to any member of the Armed Forces who is 
referred by a commanding officer for a mental health evaluation by 
a mental health professional. The recommended regulations shsill 
apply uniformly throughout the Department of Defense and shall 
include appropriate procedural protections according to whether the 
evaluations are to be carried out on an outpatient or inpatient basis 
and whether, based on the results of the evaluation, the member is 
to be involuntarily hospitalized in a mental health treatment facil-
ity. In developing the regulations with respect to procedural protec-
tions for evaluations conducted on an inpatient basis, the committee 
shall take into account any guidelines regarding psychiatric hos-
pitalization of adults prepared by professional civilian mental 
health organizations. 
(2XA) T^e regulations developed under paragraph (1) shall include 
both of the following: 
(i) A prohibition on the inappropriate referral for a mental 
health evaluation of a member of the Armed Forces as a 
reprisal against the member for making or preparing to make a 
communication described in subparagraph (B). 
(ii) Procedural protections to be afforded to a member who is 
referred for a mental health evaluation following a communica-
tion described in subparagraph (B). Such protections shall pro-
vide the member with an appropriate opportunity to allow for a 
timely, prompt challenge to the referral. 
(B) A communication referred to in subparagraph (A) is a lawful 
communication by a member of the Armed Forces of the type 
described in section 1034(c)(2) of title 10, United States Ck)de, except 
that, for purposes of this section, such a communication shall in-
clude a communication to any appropriate authority in the chain of 
command of the member (as defined by the Secretary of Defense in 
regulations under subsection (g)). 
(e) DEFINITIONS.—In this section: 
(1) The term 'mental health evaluation' means a psychiatric 
examination or evaluation, a psychological examination or 
evaluation, an examination for psychiatric or psychological fit-
ness for duty, or any other means of assessing a member's state 
of mental health. 
(2) The term 'mental health professional' means a psychia-
trist, a psychologist, a person with a master's degree in social 
work, or any other individual who conducts mental health 
evaluations for the Department of Defense. 
(f) REPORT.—(1) Not later than six months after the date of the 
enactment of this Act, the advisory committee shall submit to the 
Secretary of Defense a report containing the recommended regula-
tions and such other information as the committee considers 
appropriate. 
(2) Not later than 30 days after receipt of the report under 
pareigraph (1), the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and House of Representatives 
the report of the advisory committee, along with such additional 
comments and recommendations by the Secretary as the Secretary 
considers appropriate. 
(g) REGULATIONS.—Not later than 180 days after receipt by the 
committees described in subsection (fK2) of the report, comments, 
and recommendations described in that subsection, the Secretary of 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1569 
Defense shall prescribe regulations based on such report, comments, 
and recommendations. The regulations shall provide that an 
inappropriate referral for a mental health evaluation or an involun-
tary hospitalization, when undertaken as a reprisal for a commu-
nication described in subsection (d)(2XB), may be the basis for a 
proceeding under section 892 of title 10, United States Code (article 
92 of the Uniform Code of Military Justice). 
(h) TERMINATION OF COMMITTEE.—The advisory committee shall 
terminate on the date on which the Secretary prescribes regulations 
under subsection (g). 
SEC. 555. AMENDMENTS 
TO THE UNIFORMED 
SERVICES 
FORMER 
SPOUSES' PROTECTION ACT 
(a) PROHIBITION OF CERTAIN RETROACTIVE COURT ORDERS.—Subsec-
tion (c)(1) of section 1408 of title 10, United States Code, is amended 
by adding at the end the following new sentence: "A court may not 
treat retired pay as property in any proceeding to divide or partition 
any amount of retired pay of a member as the property of the 
member and the member's spouse or former spouse if a final decree 
of divorce, dissolution, annulment, or legal separation (including a 
court ordered, ratified, or approved property settlement incident to 
such decree) affecting the member and the member's spouse or 
former spouse (A) was issued before June 25, 1981, and (B) did not 
treat (or reserve jurisdiction to treat) any amount of retired pay of 
the member as property of the member and the member's spouse or 
former spouse.". 
(b) REDUCTIONS ALLOWED FOR DETERMINATION OF DISPOSABLE RE-
TIRED PAY.—Subsection (a)(4) of such section is amended— 
(1) by striking out the semicolon at the end of subparagraph 
(A) and inserting in lieu thereof "for previous overpayments of 
retired pay and for recoupments required by law resulting from 
entitlement to retired pay;" 
(2) by striking out subparagraph (B) and inserting in lieu 
thereof the following: 
"(B) are deducted from the retired pay of such member as 
a result of forfeitures of retired pay ordered by a court-
martial or as a result of a waiver of retired pay required by 
law in order to receive compensation under title 5 or title 
38;"; 
(3) by striking out subparagraphs (C) and (D); and 
(4) by redesignating subparagraphs (E) and (F) as subpara-
graphs (C) and (D), respectively. 
(c) CLARIFICATION OF STATUS OF PAYMENTS TO SPOUSES AND 
FORMER SPOUSES.—Subsection (c)(2) of such section is amended by 
adding at the end the following new sentence: "Payments by the 
Secretary concerned under subsection (d) to a spouse or former 
spouse with respect to a division of retired pay as the property of a 
member and the member's spouse under this subsection may not be 
treated as amounts received as retired pay for service in the uni-
formed services.". 
(d) CLARIFICATION OF LIMITS ON PAYMENTS OF RETIRED PAY.—(1) 
Paragraph (1) of subsection (e) of such section is amended by striking 
out "payable under subsection (d)" and inserting in lieu thereof 
"payable under all court orders pursuant to subsection (c)". 
(2) Paragraph (4)(B) of such subsection is amended by striking out 
"the disposable retired or retainer pay payable to such member" 
and inserting in lieu thereof "the amount of the retired pay payable 
104 STAT. 1570 
PUBLIC LAW 101-510—NOV. 5, 1990 
to such member that is considered under section 462 of the Social 
Security Act (42 U.S.C. 662) to be remuneration for emplojrment that 
is payable by the United States". 
10 use 1408 
(e) EFFECTIVE DATES.—(1) The amendment made by subsection (a) 
^°^^- 
shall apply with respect to judgments issued before, on, or after the 
date of the enactment of this Act. In the case of a judgement issued 
before the date of the enactment of this Act, such amendment shall 
not relieve any obligation, otherwise valid, to make a payment that 
is due to be made before the end of the two-year period beginning on 
the date of the enactment of this Act. 
(2) The amendments made by subsections (b), (c), and (d) apply 
with only respect to divorces, dissolutions of marriage, annulments, 
and legal separations that become effective after the end of the 90-
day period beginning on the date of the enactment of this Act. 
(f) TECHNICAL AMENDMENTS.—Such section is further amended— 
(1) by adding at the end of subsection (a) the following new 
paragraph: 
"(7) The term 'retired pay' includes retainer pay."; and 
(2) by striking out "or retainer" each place it appears. 
(g) STYUSTIC AMENDMENTS.—Such section is further amended— 
(1) by inserting "DEFINITIONS.—" in subsection (a) after "(a)"; 
(2) by inserting "EFFECTIVE SERVICE OF PROCESS.—" in subsec-
tion (b) after "(b)"; 
(3) by inserting "AUTHORITY FOR COURT TO TREAT RETIRED 
PAY AS PROPERTY OF THE MEMBER AND SPOUSE.—" in subsection 
(c) after "(c)"; 
(4) by inserting "PAYMENTS BY SECRETARY CONCERNED TO 
SPOUSE OR FORMER SPOUSE.—" in subsection (d) after "(d)"; 
(5) by inserting "LIMITATIONS.—" in subsection (e) after "(e)"; 
(6) by inserting "IMMUNITY OF OFFICERS AND EMPLOYEES OF 
UNITED STATES.—" in subsection (f) after "(f)"; 
(7) by inserting "NOTICE TO MEMBER OF SERVICE OF COURT 
ORDER O N SECRETARY CONCERNED.—" in subsection (g) after 
"(g)"; and 
(8) by inserting "REGULATIONS.—" in subsection (h) after 
"(h)". 
SEC. 556. AUTHORITY FOR COMMISSIONED OFFICERS TO SERVE ON 
INDEPENDENT SCHOOL BOARDS 
Section 973 of title 10, United States Code, is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new subsec-
tion (c): 
"(c) An officer to whom subsection (b) applies may seek and hold 
nonpartisan civil office on an independent school board that is 
located exclusively on a military reservation.". 
SEC. 557. NAVY RATIONS 
(a) IN GENERAL.—Section 6082 of title 10, United States Code, is 
amended to read as follows: 
"§6082. Rations 
"(a) The President may prescribe the components and quantities 
of the Navy ration. The President may direct the issuance of equiva-
lent articles in place of the prescribed components of the ration if 
the President determines that economy and the health and comfort 
of the members of the naval service require such action. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1571 
"0)) An enlisted member of the naval service on active duty is 
entitled to one ration daily. If an emergency ration is issued, it is in 
addition to the regular ration. 
"(c) Fresh or preserved fruits, milk, butter, and eggs necessary for 
the proper diet of the sick and injured in hospitals shall be provided 
under regulations prescribed by the Secretary of the Navy. 
"(d) The Secretary of the Navy may increase the quantity of daily 
rations for members of the naval service on a vessel or at a station 
that has an authorized complement of less than 150 members if the 
President determines that the vessel or station is operating under 
conditions that warrant an increase in rations.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by striking out the item relating to 
section 6082 and inserting in lieu thereof the following: 
"6082 Rations.". 
SEC. 558. REPORT REGARDING REQUIREMENT FOR DUTY IN SUPPORT OF 
NATIONAL GUARD AND RESERVES 
Not later than April 15, 1991, the Secretary of Defense shall 
submit to the C!ommittees on Armed Services of the Senate and 
House of Representatives a report on the desirability of requiring 
active-duty list officers to serve a minimum of two years in support 
of a National Guard or Reserve unit as a condition of eligibility for 
consideration for promotion to the grade of colonel or, in the case of 
the Navy, captain. 
SEC. 559. PROHIBITION ON CERTAIN RESERVE SERVICE 
(a) LIMITATION O N DUTY WITH R O T C UNITS.—(1) Chapter 39 of 
title 10, United States Code, is amended by inserting after section 
686 the following new section: 
"§ 687. Limitation on duty with Reserve Officer Training Corp 
units 
"A member of a reserve component serving on active duty or full-
time National Guard duty for the purpose of organizing, administer-
ing, recruiting, instructing, or training the reserve components may 
not be assigned to duty with a unit of the Reserve Officer Training 
Corps program.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 686 the 
following new item: 
"687. Limitation on duty with Reserve Officer Training Corp units.". 
(b) EFFECTIVE DATE.—Section 687 of title 10, United States Code, 
lO use 687 note. 
as added by subsection (a), shall take effect on September 30, 1991. 
PART F—MONTGOMERY G I BILL 
SEC. 561. OPPORTUNITY FOR CERTAIN PERSONNEL TO ENROLL IN 
MONTGOMERY GI BILL BEFORE BEING INVOLUNTARILY 
SEPARATED FROM SERVICE 
(a) IN GENERAL.—(1) Subchapter II of chapter 30 of title 38, United 
States Code, is amended by inserting after section 1418 the 
following: 
104 STAT. 1572 
PUBLIC LAW 101-510—NOV. 5, 1990 
"§ 1418A. Opportunity for certain active-duty personnel to enroll 
before being involuntarily separated from service 
"(a) Notwithstanding any other provision of law, an individual 
who— 
"(1) after December 31, 1990, or the end of the 90-day period 
beginning on the date of the enactment of this section, which-
ever is later, is involuntarily separated (as such term is defined 
in section 1142 of title 10) with an honorable discharge; 
Education. 
"(2) before applying for benefits under this section, has com-
pleted the requirements of a secondary school diploma (or 
equivalency certificate) or has successfully completed the 
equivalent of 12 semester hours in a program of education 
leading to a standard college degree; 
"(3) in the case of any individual who has made an election 
under section 1411(c)(1) or 1412(dXl) of this title, withdraws such 
election before such separation pursuant to procedures which 
the Secretary of each military department shall provide in 
accordance with regulations prescribed by the Secretary of 
Defense for the purpose of carr3dng out this section or which the 
Secretary of Transportation shall provide for such purpose with 
respect to the Coast Guard when it is not operating as a service 
in the Navy; 
"(4) in the case of any person enrolled in the educational 
benefits program provided by chapter 32 of this title makes an 
irrevocable election, pursuant to procedures referred to in para-
graph (3) of this subsection, before such separation to receive 
benefits under this section in lieu of benefits under such chapter 
32; and 
"(5) before such separation elects to receive assistance under 
this section pursuant to procedures referred to in paragraph (3) 
of this subsection, 
is entitled to basic educational assistance under this chapter. 
"(b) The basic pay of an individual described in subsection (a) of 
this section shall be reduced by $1,200. 
"(c) A withdrawal referred to in subsection (aX3) of this section is 
irrevocable. 
"(dXD Except as provided in paragraph (3) of this subsection, an 
individual who is enrolled in the educational benefits program 
provided by chapter 32 of this title and who makes the election 
described in subsection (aX4) of this subsection shall be disenroUed 
from such chapter 32 program as of the date of such election. 
"(2) For each individual who is disenroUed from such program, the 
Secretary shall refund— 
"(A) as provided in section 1623(b) of this title, to the individ-
ual the unused contributions made by the individual to the 
Post-Vietnam Era Veterans Education Account established 
pursuant to section 1622(a) of this title; and 
"(B) to the Secretary of Defense the unused contributions 
(other than contributions made under section 1622(c) of this 
title) made by such Secretary to the Account on behalf of such 
individual. 
"(3) Any contribution made by the Secretary of Defense to the 
Post-Vietnam Era Veterans Education Account pursuant to subsec-
tion (c) of section 1622 of this title on behalf of any individual 
referred to in paragraph (1) of this subsection shall remain in such 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1573 
Account to make pajnnents of benefits to such individusil under 
section 1415(e) of this chapter.". 
(2) (The table of sections at the beginning of chapter 30 of such title 
is amended by inserting after the item relating to section 1418 the 
following new item: 
: "1418A. Opportunity for certain active-duty personnel to enroll before being invol-
untarily separated from service.". 
0)) CONFORMING AMENDMENTS.—(1) Section 1413 of such title is 
amended— 
(A) by redesignating subsection (d) as subsection (e); and 
(B) by inserting after subsection (c) the following new subsec-
tion (d): 
"(d) Subject to section 1795 of this title, each individual entitled to 
educational benefits under section 1418A of this title is entitled to 
the lesser of— 
"(1) 36 months of educational assistance under this chapter 
(or the equivalent thereof in part-time educational assistance); 
or 
"(2) the number of months of such educational £issistance (or 
such equivalent thereof) that is equal to the number of months 
served by such individual on active duty.". 
(2) Section 1415 of such title is amended by adding at the end the 
following new subsection: 
"(e) In the case of an individual for whom the Secretary of Defense 
made contributions under section 1622(c) of this title and who is 
entitled to educational assistance under section 1418A of this chap-
ter, the Secretary shall increase the rate of the basic educational 
eissistance allowance applicable to such individual in excess of the 
rate provided under subsection (a) of this section in a manner 
consistent with, as determined by the Secretary of Defense, the 
agreement entered into with such individual pursuant to the rules 
and regulations issued by the Secretary of Defense under section 
1622(c) of this title.". 
(3) Section 1435(b) of such title is amended— 
(A) in paragraph (1), by striking out "paragraph (2)" and 
inserting in lieu thereof "paragraphs (2) and (3)"; and 
(B) by adding at the end the following: 
"(3) Payment for entitlements established under section 1418A of 
this title shall be made— 
"(A) except £is provided in subparagraphs (B) and (C) of this 
paragraph, from the Department of Defense Education Benefits 
Fund established under section 2006 of title 10; 
"(B) in the case of any individual described in section 
1418A(aX3) of this title, from funds appropriated, or otherwise 
available, to the Department of Vetereuis Affairs for the pay-
ment of readjustment benefits; and 
"(C) in the case of the increase in payments made under 
section 1415(e) of this title, from the Post-Vietnam Era Veterans 
Education Account established pursuant to section 1622(a) of 
this title.". 
SEC. 562. CLARIFYING AMENDMENTS TO MONTGOMERY GI BILL ACTIVE 
DUTY PROGRAM 
(a) REASON FOR DISCHARGE.—(1) Subparagraph (A)(iiXI) of section 
1411(aXl) of title 38, United States Code, is amended— 
(A) by striking out "or for" and inserting in lieu thereof "for"; 
and 
104 STAT. 1574 
PUBLIC LAW 101-510—NOV. 5, 1990 
(B) by inserting after "hardship" the following: ", or for a 
physical or mental condition that was not characterized as a 
disability and did not result from the individual's own willful 
misconduct but did interfere with the individual's performance 
of duty, as determined by the Secretary of each military depart-
ment in accordance with regulations prescribed by the Sec-
retary of Defense or by the Secretary of Transportation with 
respect to the Coast Guard when it is not operating as a service 
in the Navy". 
(2) Subparagraph (BXiiXD of section 1411(aXl) of such title is 
amended— 
(A) by striking out "or for" and inserting in lieu thereof "for"; 
and 
(B) by inserting after "hardship" the following: ", or for a 
physical or mental condition that was not characterized as a 
disability, as described in subparagraph (A)(iiXI) of this 
paragraph". 
(3) Section 1412(bXl) of such title is amended— 
(A) in subparagraph (A)— 
(i) by striking out "or (v)" and inserting in lieu thereof 
"(v)";and 
(ii) by inserting immediately before the period the follow-
ing: ", or (vi) for a physical or mental condition that was not 
characterized as a disability, as described in section 
1411(aXlXAXiiXI) of this title"; 
(B) in subparagraph (BXi)— 
(i) by striking out "or for" and inserting in lieu thereof 
", for"; and 
(ii) by inserting immediately before ", if the individual" 
the following: ", or for a physical or mental condition not 
characterized as a disability, as described in section 
1411(aXlXAXiiXI) of this title"; and 
(C) in subparagraph (BXii)— 
(i) by striking out "or (V)" and inserting in lieu thereof 
"(V)"; and 
(ii) by inserting immediately before the period the follow-
ing: ", or (VI) for a physical or mental condition not 
characterized as a disability, as described in section 
1411(aXl)(AXiiXI) of this title". 
(4) Section 3103A(bX3)(F) is amended— 
(A) by striking out "or" at the end of clause (ii); 
(B) by striking out the period at the end of clause (iii) emd 
inserting in lieu thereof "; or"; and 
(C) bv adding at the end the following: 
(iv) a discharge or release from active duty for a physical 
or mental condition that was not characterized as a disabil-
ity and did not result from the individual's own willful 
misconduct but did interfere with the individual's perform-
ance of duty, as described in section 1411(aXl)(AXii)CI) of this 
title.", 
(b) INITIAL PERIOD OF DUTY.—Section 1411(d) of such title is 
amended— 
(1) in paragraph (1), by striking out "paragraph (2)" and 
inserting in lieu thereof "paragraphs (2) and (3)"; and 
(2) by adding at the end the following: 
"(3) The period of service referred to in pars^aph (1) is also any 
period of service on active duty which an individual in the Selected 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1575 
note. 
Reserve was ordered to perform under section 672, 673, 673b, 674, or 
675 of title 10 for a period of less than 2 years.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
38 USC 1411 
take effect as of October 19,1984. 
SEC. 563. PARTICIPATION OF CERTAIN NATIONAL GUARD PERSONNEL IN 
MONTGOMERY GI BILL 
(a) IN GENERAL.—Section 1402 of title 38, United States Code, is 
smiended by adding at end the following: 
"(7) The term 'active duty' includes full-time National Guard duty 
first performed after November 29, 1989, by a member of the Army 
National Guard of the United States or the Air National Guard of 
the United States in the member's status as a member of the 
National Guard of a State for the purpose of organizing, administer-
ing, recruiting, instructing, or training the National Guard.". 
(b) EFFECTIVE DATE.—'The amendment made by this section shall 
apply only to individuals who before the date of entry on active 
duty, as defined in section 1402(7) of title 38, United States Code (as 
added by subsection (a)), have never served on active duty as defined 
in section 101(21) of that title. 
38 USC 1402 
note. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL 
BENEFITS 
PART A—PAY AND ALLOWANCES 
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1991 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment re-
quired by section 1009 of title 37, United States Code, in elements of 
compensation of members of the uniformed services to become 
effective during fiscal year 1991 shall not be made. 
(b) INCREASE IN BASIC PAY, B A S , AND BAQ.—Effective on Janu-
ary 1, 1991, the rates of basic pay, basic allowance for subsistence, 
and basic allowance for quarters of members of the uniformed 
services are increased by 4.1 percent. 
SEC. 602. MODIFICATION OF LIMITATION ON ADJUSTMENTS IN VARIABLE 
HOUSING ALLOWANCE 
Section 403a of title 37, United States Code, is amended— 
(1) in subsection (cX2), by striking out ", except that the 
monthly amount" and all that follows through the period at the 
end and inserting in lieu thereof a period; and 
(2) by adding at the end the following new subsection: 
"(f) The monthly rate of a variable housing allowance for mem-
bers of the uniformed services in the same pay grade and depend-
ency status in an area may not be reduced pursuant to subsection 
(cX2), a redetermination of median monthly costs of housing under 
that subsection, or any other law to the extent that the total amount 
of monthly basic pay, basic allowance for quarters, basic allowance 
for subsistence, and variable housing allowance for that grade and 
status is reduced, as a result of such a reduction in variable housing 
allowance, below the monthly total of those items of pay and 
allowances for the month preceding the effective date of the most 
recent increase in the rate of basic pay for that grade.". 
37 USC 1009 
note. 
104 STAT. 1576 
PUBLIC LAW 101-510—NOV. 5, 1990 
PART B—BONUSES AND SPECIAL AND INCENTIVE PAY 
SEC. 611. MULTIYEAR MEDICAL OFFICER RETENTION BONUS 
(a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37, United States 
Code, is amended by inserting after section 301c the following new 
section: 
"§ sold. Multiyear retention bonus: medical ofHcers of the armed 
forces 
"(a) BONUS AUTHORIZED.—(1) A medical officer described in 
subsection 0?) who executes a written agreement to remain on active 
duty for two, three, or four years after completion of any other 
active-duty service commitment may, upon acceptance of the writ-
ten agreement by the Secretary of the military department con-
cerned, be paid a retention bonus as provided in this section. 
"(2) The amount of a retention bonus under paragraph (1) may not 
exceed $14,000 for each year covered by a four-year agreement. The 
maximum yearly retention bonus for two-year and three-year agree-
ments shall be reduced to reflect the shorter service commitment. 
"(b) EUGIBLE OFFICERS.—This section applies to an officer of the 
armed forces who— 
"(1) is an officer of the Medical Corps of the Army or the Navy 
or an officer of the Air Force designated as a medical officer; 
"(2) is in a pay grade below pay grade 0-7; 
"(3) has at least eight years of creditable service (computed as 
described in section 302(g) of this title) or has completed any 
active-duty service commitment incurred for medical education 
and training; and 
"(4) has completed initial residency training (or will complete 
such training before September 30 of the fiscal year in which 
the officer enters into an agreement under subsection (a)). 
"(c) REFUNDS.—(1) Refunds shall be required, on a pro rata basis, 
of sums paid under this section if the officer who has received the 
payment fails to complete the total period of active duty specified in 
the agreement, as conditions and circumstances warrant. 
"(2) An obligation to reimburse the United States imposed under 
paragraph (1) is for all purposes a debt owned to the United States. 
"(3) A discharge in bankruptcy under title 11, United States Code, 
that is entered less than five years after the termination of an 
agreement under this section does not discharge the member signing 
such agreement from a debt arising under such agreement or under 
paragraph (1). This paragraph applies to any case commenced under 
title 11 after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1991.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 301c the 
following new item: 
"301d. Retention bonus: medical officers of the armed forces.". 
37 u s e 30id 
(b) TERMINATION OF EXISTING RETENTION B O N U S AGREEMENT.—(1) 
"°*®- 
Subject to the approval of the Secretary of the military department 
concerned, a medical officer who is eligible to enter into a retention 
bonus agreement under section 301d of title 37, United States Code 
(as added by subsection (a)) may terminate any existing retention 
bonus agreement entered into by that officer under 612 of the 
National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 
note), in order to enter into an agreement under section 301d of such 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1577 
title containing an active-duty service obligation that is not less 
than the active-duty service obligation remaining under the existing 
agreement on the date of its termination. 
(2) Subsection (e) of section 612 of the National Defense Authoriza-
tion Act, Fiscal Year 1989 (37 U.S.C. 302 note), shall not apply to the 
termination, pursuant to paragraph (1), of a retention bonus agree-
ment under that section. 
(c) REPORT ON IMPLEMENTATION.—The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report describing implementation of 
section 301d of title 37, United States Code (as added by subsection 
(a)). The report shall include a description of the process that will be 
used to reassess the assignment of medical specialties to the various 
categories of multiyear bonuses under that section and the means 
for ensuring that substantial changes to the total compensation of 
medical officers of the Armed Forces will be minimized. The report 
shall be submitted not later than 90 days after the date of the 
enactment of this Act. 
(d) CONFORMING AMENDMENT.—Section 303a of title 37, United 
States Code, is amended by inserting "301d," after "sections" each 
place it appears. 
SEC. 612. INCREASE IN PHYSICIAN SPECIAL PAY FOR OFFICERS IN A PAY 
GRADE ABOVE 0-6 
Section 302(aX3) of title 37, United States Code, is amended by 
striking out "$1,000" and inserting in lieu thereof "$7,000". 
SEC. 
613. 
EXTENSION 
OF 
NURSE 
INCENTIVE 
PROGRAMS 
(a) NURSE ACCESSION BONUS.—Section 302d(aXl) of title 37, United 
States Code, is amended by striking out "September 30, 1991," and 
inserting in lieu thereof "September 30,1992,". 
Ot)) SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 302e(a)(l) of 
title 37, United States Code, is amended by striking out "September 
30, 1991," and inserting in lieu thereof "September 30, 1992,". 
(c) NURSE CANDIDATES.—Section 2130a of title 10, United States 
Code, is amended— 
(1) in subsection (a)(1), by striking out "September 30, 1991," 
and inserting in lieu thereof "September 30,1992,"; and 
(2) in subsections (a)(2) and (bXD, by inserting "by the Sec-
retary selecting the person" after "this title". 
SEC. 614. EXTENSION OF SPECIAL PAY FOR NURSE ANESTHETISTS TO 
OTHER NURSING SPECIALTIES 
(a) SPECIAL PAY AUTHORIZED.—Subsection O
t
>
) of section 302e of 
title 37, United States Code, is amended— 
(1) by redesignating paragraphs (1), (2), gmd (3) as subpara-
graphs (A), (B), and (C), respectively; 
(2) by inserting "(1)" before "An officer"; and 
(3) by adding at the end the following new paragraph: 
"(2) The Secretary of Defense may extend the special pay au-
thorized under subsection (a) to officers of the armed forces who 
serve in a nursing specialty (other than as nurse anesthetists) that— 
"(A) is designated by the Secretary £is critical to meet require-
ments (whether such specialty is designated as critical to meet 
wartime or peacetime requirements); and 
"(B) requires postbaccalaureate education and treiining.". 
39-194 O - 91 - 8 : QL 3 Part 3 
104 STAT. 1578 
PUBLIC LAW 101-510—NOV. 5, 1990 
(b) CONFORMING AMENDMENT.—Subsection (a)(1) of such section is 
amended by striking out "subsection (b)" and inserting in lieu 
thereof "subsection (bXD". 
37 use 302e 
(c) IMPLEMENTATION OF AMENDMENT.—The Secretary of Defense 
"°^®- 
may not implement subsection (bX2) of section 302e of title 37, 
United States Code (as added by subsection (a)), unless the Secretary 
submits to the Committees on Armed Services of the Senate and 
House of Representatives a report— 
(1) justif3dng the need of the departments for the authority 
provided in such subsection;'and 
(2) describing the manner in which that authority will be 
implemented. 
SEC. 615. AUTHORITY TO TERMINATE SELECTIVE REENLISTMENT BONUS 
PAYMENTS 
(a) TERMINATION AUTHORIZED.—Subsection (d) of section 308 of 
title 37, United States Code, is amended— 
(1) by inserting (1) after "(d)"; and 
(2) by adding at the end the following new paragraph: 
"(2) If a refund is not required under paragraph (1) in the case of a 
member who fails to complete a term of enlistment, the Secretary of 
Defense with respect to the armed forces under the Secretary's 
jurisdiction, and the Secretary of Transportation with respect to the 
Coast Guard when it is not operating as a service in the Navy, may 
decline to make any pa3rment of a bonus installment under this 
section that is due to be paid to the member after the date on which 
the member fails to complete the term of enlistment for which the 
bonus is being paid. The Secretary of Defense and the Secretary of 
Transportation may prescribe the circumstances under which bonus 
installments may be terminated under this paragraph.". 
37 use 308 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to any bonus paid under section 308 of title 
37, United States Code, to a person in connection with the reenlist-
ment or extension of the term of enlistment of the person in the 
Armed Forces on or after the date of the enactment of this Act. 
SEC. 616. EXTENSION OF SPECIAL PAY FOR CRITICALLY SHORT WAR-
TIME HEALTH SPECIALISTS IN THE SELECTED RESERVE 
Section 613(d) of the National Defense Authorization Act, Fiscal 
Year 1989 (37 U.S.C. 302 note), is amended by striking out "Septem-
ber 30, 1990" and inserting in lieu thereof "September 30, 1993". 
SEC. 617. RETENTION BONUS FOR OPTOMETRISTS 
(a) RETENTION BONUS AUTHORIZED.—Section 302a of title 37, 
United States Clode, is amended— 
(1) by inserting "(a) REGULAR SPECIAL PAY.—" before "Each"; 
and 
(2) by adding at the end the following new subsection: 
"
O
t
>
) RETENTION SPECIAL PAY.—(1) Under regulations prescribed 
under section 303a(a) of this title, an officer described in paragraph 
(2) may be paid retention special pay of not more than $6,000 for'£uiy 
twelve-month period during which the officer is not undergoing an 
internship or initial residency training. 
"(2) An officer referred to in paragraph (1) is an officer of an 
armed force who— 
"(A) is entitled to special pay under subsection (a); 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1579 
"(B) has completed any initial active-duty service commit-
ment incurred for education and training; Eind 
"(C) is determined by the Secretary of the military depart-
ment concerned to be qualified as an optometrist. 
"(3) An officer may not be paid retention special pay under 
paragraph (1) for any twelve-month period unless the officer first 
executes a written agreement under which the officer agrees to 
remain on active duty for a period of not less than one year 
beginning on the date the officer accepts the award of such special 
pay. 
'(4) The Secretary of the military department concerned may 
terminate at any time the eligibility of an officer to receive reten-
tion special pay under paragraph (1). If such eligibility is termi-
nated, the officer concerned shall receive such special pay only for 
the part of the period of active duty that the officer served and may 
be required to refund any amount in excess of that amount. . 
(b) IMPLEMENTATION OF AMENDMENT.—The Secretary of Defense 
37 use 302a 
may not implement subsection (b) of section 302a of title 37, United 
"°*®-
States Code (as added by subsection (a)), unless the Secretary sub-
mits to the Committees on Armed Services of the Senate and House 
of Representatives a report— 
(1) justifying the need of the military departments for the 
authority provided in such subsection; and 
(2) describing the manner in which that authority will be 
implemented. 
SEC. 618. PROVISION OF BOARD CERTIFICATION SPECIAL PAY FOR 
NONPHYSICIAN HEALTH CARE PROVIDERS 
(a) SPECIAL PAY AUTHORIZED.—Section 302c of title 37, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(d) NONPHYSICIAN HEALTH CARE PROVIDERS.—The Secretary of 
Defense may authorize the payment of special pay at the rates 
specified in subsection (b) to an officer who— 
"(1) is an officer in the Medical Services Corps of the Army or 
Navy or a biomedical sciences officer in the Air Force; 
"(2) is a health care provider (other than a psychologist); 
"(3) has a postbaccalaureate degree; and 
"(4) is certified by a professional board in the officer's 
specialty.". 
(b) IMPLEMENTATION OF AMENDMENT.—The Secretary of Defense 
37 use 302c 
may not implement subsection (d) of section 302c of title 37, United 
"°*^ 
States Code (as added by subsection (a)), unless the Secretary sub-
mits to the Committees on Armed Services of the Senate and House 
of Representatives a report— 
(1) justifying the need of the military departments for the 
authority provided in such subsection; and 
(2) describing the manner in which that authority will be 
implemented. 
(c) CLERICAL AMENDMENTS.—(1) The heading of section 302e of 
title 37, United States Code, is amended to read as follows: 
"§ 302c. Special pay: psychologists and nonphysician health care 
providers 
(2) The table of sections at the beginning of chapter 5 of such title 
is amended by striking out the item relating to section 302c and 
inserting in lieu thereof the following: 
104 STAT. 1580 
PUBLIC LAW 101-510—NOV. 5, 1990 
"302c. Special pay: psychologists and nonphjrsician health ceire providers.". 
PART C—TRAVEL AND TRANSPORTATION ALLOWANCES 
SEC. 621. PERMANENT AUTHORITY TO PAY MEMBERS FOR LABOR FUR-
NISHED IN CONNECTION WITH THE TRANSPORTATION OF 
BAGGAGE AND HOUSEHOLD GOODS 
Subsection (b) of section 614 of the Department of Defense 
37 use 406 and 
Authorization Act, 1986 (37 U.S.C. note) is repealed. The amend-
ments made by subsection (a) of that section are hereby revived 
effective as of October 1,1989. 
note. 
SEC. 622. BAGGAGE AND HOUSEHOLD WEIGHT ALLOWANCE FOR CADETS 
AND MIDSHIPMEN 
(a) IN GENERAL.—Section 406(bXl) of title 37, United States Ck)de, 
is amended by adding at the end the following new subparagraph: 
"(E) Under regulations prescribed by the Secretary of Defense, 
cadets at the United States Military Academy and the United States 
Air Force Academy, and midshipmen at the United States Naval 
Academy shall be entitled, in connection with a change of tem-
porary or permanent station, to transportation of baggage and 
household effects as provided in subparagraph (A) of this paragraph. 
The weight allowance for such cadets and midshipmen shall be 350 
pounds.". 
37 use 406 note. 
(b) AppucATiON OF AMENDMENT.—The amendment made by 
subsection (a) shall be applicable to baggage and household effects 
transported on or after the date of the enactment of this Act. 
PART D—MISCELLANEOUS 
SEC. 631. DELAY IN EFFECTIVE DATE OF OPTIONAL HIGH-TIER SURVI-
VOR BENEFIT PLAN COVERAGE AND OPEN ENROLLMENT 
PERIOD 
The Military Survivor Benefits Improvement Act of 1989 (title 
XIV of Public Law 101-189) is amended— 
10 use 1331 
(1) in section 1404 (103 Stat. 1579), by striking out "October 1 
u5i' M S S ' 
1991" in subsections (aXD, (aX2), and (bX3) and inserting in lieu 
note. 
thereof "April 1,1992"; and 
10 use 1448 
(2) in section 1405(f) (103 Stat. 1587), by striking out "Octo-
note. 
ber 1 1991" and inserting in lieu thereof "April 1, 1992". 
TITLE VII—HEALTH CARE PROVISIONS 
PART A—HEALTH CARE SERVICES 
SEC. 
7
0
1
. 
PROVISION OF PAP SMEARS AND MAMMOGRAMS UNDER 
CHAMPUS 
(a) CARE AUTHORIZED.—Section 1079(aX2) of title 10, United States 
Code, is amended by inserting before the semicolon the following: 
", except that pap smears and mammograms may be provided on a 
diagnostic or preventive basis". 
10 use 1079 
(b) APPUCATION OF AMENDMENT.—The amendment made by 
"°*® 
subsection (a) shall apply to the provision of pap smears and 
mammograms under section 1079 or 1086 of title 10, United States 
Code, on or after the date of the enactment of this Act. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1581 
SEC. 702. REPEAL OF THE LIMITATION ON THE PAYMENT OF SERVICES 
OF MARRIAGE AND FAMILY THERAPISTS AS A MEDICAL EX-
PENSE 
(a) REPEAL OF LIMITATION.—Section 1079(a) of title 10, United 
States Code, is amended— 
(1) in paragraph (8)— 
(A) by inserting "(other than certified marriage and 
family therapists) after "marital counselors"; and 
(B) by adding before the semicolon the following: "and 
services of certified marriage and family therapists may be 
provided consistent with such rules as may be prescribed by 
the Secretary of Defense, including credentialing criteria 
and a requirement that the therapists accept pajonent 
under this section as full payment for all services pro-
vided"; and 
(2) in paragraph (13), by inserting "certified marriage and 
family therapist,' after "psychologist,". 
(b) APPUCATION OF AMENDMENTS.—The amendments made by 
lo use 1079 
subsection (a) shall apply with respect to the services of certified 
"
°
*
^
® 
marriage and family therapists provided under section 1079 or 1086 
of title 10, United States Code, on or after the date of the enactment 
of this Act. 
SEC. 
7
0
3
. 
MENTAL 
HEALTH 
SERVICES 
(a) REDUCTION IN AUTHORIZED INPATIENT CARE.—Subsection (aX6) 
of section 1079 of title 10, United States Code, is amended by 
striking out "in excess of 60 days in any year;" and inserting in lieu 
thereof the following: "in excess of— 
"(A) 30 days in any year, in the case of a patient 19 years 
of age or older; 
"(B) 45 days in any year, in the case of a patient under 19 
years of age; or 
"(C) 150 days in any year, in the case of inpatient mental 
health services provided as residential treatment care;". 
(b) MANAGEMENT OF MENTAL HEALTH SERVICES.—Subsection (i) of 
such section is amended to read as follows: 
"(iXD The limitation in subsection (aX6) does not apply in the case 
of inpatient mental health services— 
"(A) provided under the program for the handicapped under 
subsection (d); 
"(B) provided £is partial hospital care; or 
"(C) provided pursuant to a waiver authorized by the Sec-
retary of Defense because of medical or psychological cir-
cumstances of the patient that are confirmed by a health 
professional who is not a Federal employee after a review, 
pursuant to rules prescribed by the Secretary, which takes into 
account the appropriate level of care for the patient, the intensity 
of services required by the patient, and the availability of that 
care. 
"(2) Notwithstanding subsection (b) or section 1086(b) of this title, 
the Secretary of Defense (after consulting with the other administer-
ing Secretaries) may prescribe separate pajrment requirements 
(including deductibles, copa3mients, and catastrophic limits) for the 
provision of mental hesdth services to persons covered by this 
section or section 1086 of this title. The pajonent requirements may 
vary for different categories of covered beneficiaries, by type of 
mental health service provided, and based on the location of the 
covered beneficiaries. 
104 STAT. 1582 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(3) Except in the case of an emergency, the Secretary of Defense 
shall require preadmission authorization before inpatient mental 
health services may be provided to persons covered by this section or 
section 1086 of this title. In the csise of the provision of emergency 
inpatient mental health services, approval for the continuation of 
such services shall be required within 72 hours after admission.". 
(c) PLAN FOR REDUCING MENTAL HEALTH SERVICES C!OSTS.—Not 
later than February 1,1991, the Secretary of Defense shall submit to 
the Congress a plan to reduce the costs incurred by the Department 
of Defense to provide mental health services under the Civilian 
Health and Medical Program of the Uniformed Services. The plan 
shall include a legislative proposal to implement the recommenda-
tion of the Secretary. 
10 use 1079 
(d) EFFECTIVE DATE.—This section and the amendments made by 
^°^- 
this section shall take effect on February 15, 1991, and shall apply 
with respect to mental health services provided under section 1079 
or 1086 of title 10, United States Code, on or after that date. 
PART B—HEALTH CARE MANAGEMENT 
10 u s e 115 note. 
SEC. 711. LIMITATION ON REDUCTIONS IN MEDICAL PERSONNEL 
(a) LIMITATION ON REDUCTION.—The Secretary of Defense may not 
reduce the number of medical personnel below the number of such 
medical personnel serving on September 30, 1989, unless the Sec-
retary of Defense— 
(1) certifies to the Congress that— 
(A) the number of such personnel being reduced is excess 
to the current and projected needs of the military depart-
ments; and 
(B) such reduction will not result in an increase in the 
cost of health care services provided under the Civilian 
Health and Medical Program of the Uniformed Services; 
and 
(2) in the case of military personnel, includes in the certifi-
cation the information specified in subsection (b). 
(b) INFORMATION REQUIRED.—A certification made by the Sec-
retary of Defense in compliance with subsection (a)(2) shall include 
the following: 
(1) The strength levels for the individual category of medical 
personnel involved in the reduction as of September 30, 1989. 
(2) The projected requirements of the Department of Defense 
over the five-fiscal year period following the fiscal year in which 
the certification is submitted for medical personnel in the cat-
egory of medical personnel involved in the reduction. 
(3) The strength level recommended for each component of 
the Armed Forces for the most recent fiscal year for which the 
Secretary submitted recommendations pursuant to section 
115a(gXl) of title 10, United States Code (as added by section 
1483), for personnel in the category of medical personnel in-
volved in the reduction. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "medical personnel" has the meaning given that 
term in section 115a(g)(2) of title 10, United States Code (as 
added by section 1483), except that such term includes civilian 
personnel of the Department of Defense assigned to military 
medical facilities. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1583 
(2) The term "category of medical personnel" means— 
(A) each corps referred to in subparagraphs (A) and (C) of 
section 115a(gX2) of such title (as added by section 1483); 
(B) each designation referred to in subparagraph (B) of 
such section; 
(C) the enlisted personnel referred to in subparagraph (D) 
of such section; and 
(D) other medical personnel designated £is medical 
personnel by the Secretary pursuant to subparagraph (E) of 
such section, if any. 
SEC. 712. INCREASE IN ANNUAL DEDUCTIBLES UNDER CHAMPUS FOR 
CERTAIN COVERED BENEFICIARIES 
(a) DEPENDENTS COVERED BY SECTION 1079.—(1) Subsection 0)X2) of 
section 1079 of title 10, United States Code, is amended— 
(A) by striking out "$50" and inserting in lieu thereof "$150"; 
and 
(B) by adding at the end the following new sentence: "Not-
withstanding the preceding sentence, in the case of a dependent 
of an enlisted member in a pay grade below E-5, the initial 
deductible each fiscal year under this paragraph shall be lim-
ited to $50.". 
(2) Subsection Ot)X3) of such section is amended by striking out 
"$100" and inserting in lieu thereof "$300 (or in the case of the 
family group of an enlisted member in a pay grade below E-5, the 
first $100)". 
Ob) OTHER COVERED BENEFICIARIES.—K1) Subsection (bXD of section 
1086 of such title is amended by striking out "$50" and inserting in 
lieu thereof "$150". 
(2) Subsection (bX2) of such section is gmiended by striking out 
"$100" and inserting in lieu thereof "$300". 
(c) APPLICATION OF AMENDMENTS.—The amendments made by this 
lO use 1079 
section shall apply with respect to health care provided under 
"°^-
sections 1079 and 1086 of title 10, United States Code, on or after 
April 1,1991. 
SEC. 
7
1
3
. 
COLLECTION FROM THIRD-PARTY PAYERS 
OF 
REASONABLE 
COSTS 
OF 
HEALTH 
CARE 
SERVICES 
INCURRED 
ON 
BEHALF 
OF 
RETIRED 
PERSONS 
AND 
DEPENDENTS 
(a) COLLECTION FOR OUTPATIENT CARE.—(1) Subsections (aXD, (aX2), 
(c), (f), and (g) of section 1095 of title 10, United States Code, are each 
amended by striking out "inpatient hospital care" and inserting in 
lieu thereof "health care services". 
(b) COMPUTATION OF REASONABLE COSTS.—Subsection (f) of such 
section is further amended— 
(1) by striking out "or" at the end of paragraph (1); 
(2) bv redesignating paragraph (2) as paragraph (4); and 
(3) by inserting after paragraph (1) the following new 
paragraphs: 
"(2) all-inclusive per visit rates; 
"(3) diagnosis-related groups; or". 
(c) ADDITIONAL THIRD-PARTY PAYERS.—Such section is further 
amended by striking out subsection (h) and inserting in lieu thereof 
the following new subsections: 
"(h) In this section: 
"(1) The term 'third-party payer' means an entity that pro-
vides an insurance, medical service, or health plan by contract 
104 STAT. 1584 
PUBLIC LAW 101-510—NOV. 5, 1990 
or agreement, including an automobile liability insurance or no 
fault insurance carrier. 
"(2) The term 'insurance, medical service, or health plan' 
includes an insurance plan described as Medicare supplemental 
insurance. 
"(iXl) In the case of a third-party payer that is an automobile 
liability insurance or no fault insurance carrier, the right of the 
United States to collect under this section shall extend to health 
care services provided to a person entitled to health care under 
section 1074(a) of this title. 
"(2) In cases in which a tort liability is created upon some third 
person, collection from a third-party payer that is an automobile 
liability insurance or no fault insurance carrier shall be governed by 
the provisions of Public Law 87-693 (42 U.S.C. 2651 et seq.).". 
(d) TECHNICAL AND CLERICAL AMENDMENTS.—(1) Such section is 
further amended— 
(A) in subsection (aXD (as amended by subsection (a)), by 
striking out "covered by section 1074(b), 1076(a), or 10760)) of 
this title" and inserting in lieu thereof "covered beneficiary"; 
and 
(B) in subsection (aX2) (as amended by subsection (a)), by 
striking out "person covered by section 1074(b), 1076(a), or 
1076(b) of this title" and inserting in lieu thereof "covered 
beneficiary". 
(2) The heading of such section is amended to read as follows: 
"§ 1095. Health care services incurred on behalf of covered bene-
ficiaries: collection from third-party payers". 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 55 of such title is amended to read as follows: 
"1095. Health care services incurred on behalf of covered beneficiaries: collection 
from third-party payers.". 
10 use 1095 
(e) EFFECTIVE DATE.—The amendments made by subsection (a) 
"°*® 
shall apply with respect to health care services provided in a 
medical facility of the uniformed services after the date of the 
enactment of this Act, but not with respect to collection under any 
insurance, medical service, or health plan agreement entered into 
before the date of the enactment of this Act that the Secretary of 
Defense determines clearly excludes pa3mient for such services. 
Such an exception shall apply until the amendment or renewed of 
such agreement after that date. 
SEC. 714. INCREASE IN THE PAY LIMIT FOR PERSONAL SERVICES CON-
TRACTS FOR DIRECT HEALTH CARE PROVIDERS 
Section 1091(b) of title 10, United States Code, is amended by 
striking out "basic pay and allowances authorized by chapters 3 and 
7 of title 37 for a commissioned officer" and inserting in lieu thereof 
"basic pay, special and incentive pays and bonuses, and allowances 
author^ed by chapters 3, 5, and 7 of title 37 for a commissioned 
officer with comparable professional qusdifications". 
10 u s e 1073 
SEC. 715. CONDITIONS ON EXPANSION OF CHAMPUS REFORM INITIATIVE 
(a) CERTIFICATION OF COST-EFFECTIVENESS.—The Secretary of De-
fense may not proceed with the proposed expansion of the 
CHAMPUS reform initiative underway in the States of California 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1585 
£ind Hawaii until not less than 90 days after the date on which the 
Secretary certifies to the Congress that— 
(1) such CHAMPUS reform initiative has been demonstrated 
to be more cost-effective than the Civilian Health and Medical 
Program of the Uniformed Services or any other health care 
demonstration program being conducted by the Secretary; 
(2) the contractor selected to underwrite the delivery of health 
care under the CHAMPUS reform initiative will accomplish the 
expansion without the disruption of services to beneficiaries 
under the Civilian Health and Medical Program of the Uni-
formed Services or delays in the processing of claims; and 
(3) such contractor is currently, gmd projected to remain, 
financially able to underwrite the CHAMPUS reform initiative. 
OJ) REPORT ON CERTIFICATION.—Not later than 30 days after the 
date on which the Secretary of Defense submits the certification 
required by subsection (a), the Comptroller General of the United 
States and the Director of the Congressional Budget Office shall 
jointly submit to Congress a report evaluating such certification. 
(c) CHAMPUS REFORM INITIATIVE DEFINED.—For purposes of this 
section, the term "CHAMPUS reform initiative" has the meaning 
given that term in section 702(d)(1) of the Department of Defense 
Authorization Act for Fiscal Year 1987 (10 U.S.C. 1073 note). 
SEC. 716. REQUIREMENTS PRIOR TO TERMINATION OF MEDICAL SERV- 10 USC 1073 
ICES AT MILITARY MEDICAL TREATMENT FACILITIES 
"o^. 
(a) PROHIBITION.—During the period beginning on the date of the 
enactment of this Act and ending on September 30, 1995, the 
Secretary of a military department may not take any action to close 
a military medical facility under the jurisdiction of that Secretary 
or reduce the level of care provided at such a medicsd facility until 
90 days after the date on which the Secretary submits to (Uongress a 
report described in subsection (b). 
(b) ELEMENTS OF REPORT.—A report referred to in subsection (a) 
shall include the following: 
(1) The reason for the action. 
(2) The projected savings to the Government from the action. 
(3) The impact on CHAMPUS and MEDICARE costs in the 
catchment area of the facility. 
(4) The impact on beneficiary cost-sharing. 
(5) An examination of alternative ways to provide care to the 
persons served by the facility that the Secretary determines 
would not result in adverse consequences to such persons. 
(6) An explanation of how care will be provided for and the 
cost, if any, to those persons to receive such care. 
(c) EXCEPTION.—Subsection (a) shall not apply with respect to the 
closing of a military medical facility (or the reduction of the level of 
care provided at a military medical facility) as a result of a base 
closure or an operational deployment. 
SEC. 717. LIMITATION ON AWARDING CONTRACT FOR FULL PRODUCTION 
OF MEDICAL INFORMATION SYSTEMS 
(a) LIMITATION.—Subsection (g) of section 704 of the National 
Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 
100 Stat. 3900), as added by section 733(d) of the National Defense 
Authorization Act for Fiscal Years 1988 and 1989 (Public Law 
100-180; 101 Stat. 1122), is amended by striking out "until—" and all 
104 STAT. 1586 
PUBLIC LAW 101-510—NOV. 5, 1990 
that follows through the period and inserting in lieu thereof the 
following: "until the later of— 
"(1) January 1,1992; and 
"(2) 30 days after the date of the submission of the report 
required under subsection (f).". 
(b) REPORT OF COMPTROLLER GENERAL.—Subsection (f) of such 
section is amended— 
(1) by striking out "and" at the end of paragraph (1); 
(2) by striking out the period at the end of paragraph (2) and 
inserting in lieu thereof ; and"; and 
(3) by adding at the end the following: 
"(3) whether the operational test and evaluation phase was 
conducted at a sufficient number of sites and with sufficient 
software in operation to warrant a full production decision.". 
(c) CERTIFICATION TO EXPAND USE OF SYSTEM.—Such section is 
further amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following new subsec-
tion: 
"(h) LIMITATION ON EXPANSION OF USE OF SYSTEM.—(1) The Sec-
retary may not authorize the use of the Composite Health Care 
System to replace an Independent Operating Capability system in 
any military medical treatment facility that is not involved in the 
operational test and evaluation phase referred to in subsection O
t
)
) on 
the date of the enactment of this amendment until the Secretary 
certifies to the Committees on Armed Services of the Senate and 
House of Representatives that use of the Composite Health Care 
System in that facility is the most cost-effective method for 
maintaining automated operations at the facility. 
"(2) A certification required under paragraph (1) shall include the 
following assurances: 
"(A) The Secretary has successfully tested the software ver-
sion of the Composite Health Care System at several military 
medical treatment facilities that are representative of the facil-
ity at which the software will be used. 
"(B) The Secretary has stabilized the software to be used at 
that facility in order to eliminate all critical system incidents. 
"(C) The Secretary has properly sized the hardware to be 
installed at that facility to ensure adequate capacity when the 
full configuration of the system is installed at that military 
medical treatment facility. 
"(D) The installation of the system at that facility will not 
adversely affect contractor capabilities for continuing the oper-
ational test and evaluation phase of the system at the military 
medical treatment facilities involved in that phase. 
"(3) The limitetion contained in paragraph (1) shall apply until 
the awarding of a contract for full production of a medical informa-
tion system for use in all militery medical treatment facilities.". 
SEC. 718. UNIFORMED SERVICES TREATMENT FACILITIES 
(a) DELAY OF TERMINATION EFFECTIVE DATE.—Subsection (e) of 
section 1252 of the Department of Defense Authorization Act, 1984 
(42 U.S.C. 248d), is amended by striking out "1990" and inserting in 
lieu thereof "1993". 
(b) 
LIMITATION ON EXPENDITURES.—Such section is 
further 
amended— 
42 use 248c. 
(1) by redesignating subsection (f) as subsection (g); and 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1587 
(2) by inserting after subsection (e) the following new sub-
section: 
"(f) LIMITATION ON EXPENDITURES.—The total amount of expendi- 42 use 248d. 
tures to carry out this section and section 911 of the Military 
Construction Authorization Act, 1982 (42 U.S.C. 248c), may not 
exceed $154,000,000 for fiscal year 1991.". 
(c) MANAGED-CARE DELIVERY AND REIMBURSEMENT MODEL.—Not 
later than September 30, 1991, the Secretary of Defense shall com-
plete negotiations with the Uniformed Services Treatment Facilities 
and begin implementation of a managed-care delivery and re-
imbursement model that will continue to utilize the Uniformed 
Services Treatment Facilities in the military health care delivery 
system. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION 
MANAGEMENT, AND RELATED MATTERS 
PART A—ACQUISITION MANAGEMENT IMPROVEMENT 
SEC. 800. ADVISORY PANEL ON STREAMLINING AND CODIFYING ACQUISI- 10 USC 2301 
TION LAWS 
^°^^-
(a) ESTABUSHMENT.—Not later than January 15, 1991, the Under 
Secretary of Defense for Acquisition shall establish under the 
sponsorship of the Defense Systems Management College an ad-
visory panel on streamlining and codifjdng acquisition laws. 
(b) MEMBERSHIP.—The panel shall be composed of at least nine 
individuals who are recognized experts in acquisition laws and 
procurement policy. In making appointments to the advisory panel, 
the Under Secretary shall ensure that the members of the panel 
reflect diverse experiences in the public and private sectors. 
(c) DUTIES.—The panel shall— 
(1) review the acquisition laws applicable to the Department 
of Defense with a view toward streamlining the defense acquisi-
tion process; 
(2) make any recommendations for the repeal or amendment 
of such laws that the panel considers necessary, as a result of 
such review, to— 
(A) eliminate any such laws that are unnecessary for the 
establishment and administration of buyer and seller rela-
tionships in procurement; 
(B) ensure the continuing financial and ethical integrity 
of defense procurement programs; and 
(C) protect the best interests of the Department of De-
fense; and 
(3) prepare a proposed code of relevant acquisition laws. 
(d) REPORT.—(1) Not later than December 15, 1992, the advisory 
panel shall transmit a final report on the actions of the panel to the 
Under Secretary of Defense for Acquisition. 
(2) The final report shall contain a detailed statement of the 
findings and conclusions of the panel, the proposed codification of 
acquisition laws prepared pursuant to subsection (c), and such addi-
tional recommendations for such legislation as the Panel considers 
appropriate. 
(3) The Secretary of Defense shall transmit the final report of the 
Under Secretary of Defense for Acquisition, together with such 
104 STAT. 1588 
PUBLIC LAW 101-510—NOV. 5, 1990 
comments as he deems appropriate, to the congressional defense 
committees not later than January 15,1993. 
SEC. 801. AUTHORITY GOVERNING OPERATION OF WORKING-CAPITAL 
FUNDED ACTIVITIES 
Section 2208(i) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (3) as paragraph (2); and 
(2) by striking out paragraphs (1) and (2) and inserting in lieu 
thereof the following new paragraph: 
"(1) Regulations under subsection (h) shall authorize a working-
capital funded Army industrial facility (including a Department of 
the Army arsenal) that manufactures large caliber cannons, gun 
mounts, recoil mechanisms, ammunition, munitions, or components 
thereof to sell manufactured articles or services to a person outside 
the Department of Defense if— 
"(A) in the case of an article, the article is sold to a United 
States manufacturer, assembler, developer, or other concern— 
"(i) for use in developing new products; 
"(ii) for incorporation into items to be sold to, or to be 
used in a contract with, an agency of the United States; 
"(iii) for incorporation into items to be sold to, or to be 
used in a contract with, or to be used for purposes of 
soliciting a contract with, a friendly foreign government; or 
"(iv) for use in commercial products; 
"(B) in the case of an article, the purchaser is determined by 
the Department of Defense to be qualified to carry out the 
proposed work involving the article to be purchased; 
"(C) the article or service is not readily available to the 
purchaser from a commercial source in the United States in a 
timely manner that meets the requirements of the purchaser; 
"(D) the sale is to be made on a basis that does not interfere 
with performance of work by the facility for the Department of 
Defense or for a contractor of the Department of Defense; and 
"(E) in the case of services, the services are related to an 
article authorized to be sold under this subsection and are to be 
performed in the United States for the purchaser.". 
SEC. 802. PROCEDURES FOR CONTRACT SOLICITATION AND EVALUATION 
(a) STATEMENT OF SIGNIFICANT FACTORS.—(1) Clause (i) of section 
2305(aX2XA) of title 10, United States Code, is amended— 
(A) by inserting "(and significant subfactors)" after "signifi-
cant factors"; and 
(B) by striking out "(including cost or price)" and inserting in 
lieu thereof the following: "(including cost or price, cost- or 
price-related factors, and noncost- or nonprice-related factors)". 
(2) Clause (ii) of such section is amended by inserting "(and 
subfactors)" after "those factors". 
(b) STATEMENT RELATING TO DISCUSSIONS.—Subclause (I) of section 
2305(aX2XBXii) of title 10, United States Code, is amended to read as 
follows: 
"(I) a statement that the proposals are intended to be 
evaluated with, and award made after, discussions with the 
offerors, or a statement that the proposals are intended to 
be evaluated, and award made, without discussions with the 
offerors (other than discussions conducted for the purpose 
of minor clarification), unless discussions are determined to 
be necessary; and". 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1589 
(c) RELATIVE IMPORTANCE OF EVALUATION FACTORS.—Paragraph (3) 
of section 2305(a) of title 10, United States Code, is amended by 
striking out "the quality of the services" and inserting in lieu 
thereof "the evaluation factors and subfactors, including the quality 
of the product or services". 
(d) EVALUATION OF SEALED BIDS AND COMPETITIVE PROPOSALS.—(1) 
Paragraph (1) of section 230503) of title 10, United States Code, is 
amended by inserting "and make an award" after "competitive 
proposals". 
(2) Paragraph (3) of such section is amended in the second sen-
tence by inserting "in accordance with pargigraph (1)" after "shall 
evaluate the bids'. 
(3) Paragraph (4) of such section is amended— 
(A) in subparagraph (A), by striking out "competitive propos-
als" and all that follows and inserting in lieu thereof "competi-
tive proposals in accordance with paragraph (1) and may award 
a contract— 
"(i) after discussions with the offerors, provided that 
written or oral discussions have been conducted with all 
responsible offerors who submit proposals within the 
competitive range; or 
"(ii) based on the proposals received, without discussions 
with the offerors (other than discussions conducted for the 
purpose of minor clarification) provided that the solicitation 
included a statement that proposals are intended to be 
evaluated, and award made, without discussions, unless 
discussions are determined to be necessary."; 
(B) by striking out subparagraphs (B) £ind (C); 
(C) by redesignating subparagraph (D) as subparagraph (B); 
and 
(D) by redesignating subparagraph (E) as subparagraph (C) 
and in that subparagraph striking out "Subparagraph (D)" and 
inserting in lieu thereof "Subparagraph (B)". 
(e) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the 10 USC 2305 
amendments made by this section shall apply with respect to solici- ^°^-
tations for sealed bids or competitive proposals issued after the end 
of the 120-day period beginning on the date of the enactment of this 
Act. 
(2) The Secretary of Defense may require the amendments made 
by this section to apply with respect to solicitations issued before the 
end of the period referred to in paragraph (1). The Secretary of Federal 
Defense shall publish in the Federal Register notice of any such ^yfji^^f' 
earlier effective date. 
^" 
SEC. 803. CERTIFIED COST OR PRICING DATA THRESHOLD 
(a) INCREASE IN THRESHOLD FOR CERTIFIED COST OR PRICING 
DATA.—(1) Section 2306a(aXl) of title 10, United States Code, is 
amended as follows: 
(A) Subparagraph (A) of such section is amended by striking 
out "$100,000 
and inserting in lieu thereof the following: 
"$500,000 or, in the case of a contract to be awarded after 
December 31,1995, $100,000". 
(B) Subparagraph (B) of such section is amended by striking 
out "$100,000 
and inserting in lieu thereof the following: 
"$500,000 (or such lesser amount as may be prescribed by the 
head of the agency) or, in the case of a change or modification to 
a contract to be made after December 31, 1995, $100,000". 
104 STAT. 1590 
PUBLIC LAW 101-510—NOV. 5, 1990 
(C) Subparagraph (C) of such section is amended by striking 
out "$100,000' in clause (i) and inserting in lieu thereof the 
following: "$500,000 or, in the case of a subcontract to be 
awarded after December 31,1995, $100,000". 
(D) Subparagraph (D) of such section is amended by striking 
out "$100,000 
and inserting in lieu thereof the following: 
"$500,000 (or such lesser amount as may be prescribed by the 
head of the agency) or, in the case of a change or modification to 
be made after December 31,1995, $100,000". 
10 use 2306a 
(2) The amendments made by this subsection shall apply to— 
'^°*®- 
(A) contracts and subcontracts entered into after the date on 
which the Secretary of Defense issues guidance under subsec-
tion (c); £ind 
(B) modifications or changes to such contracts and sub-
contracts. 
10 u s e 2306a 
(b) R E V I E W BY INSPECTOR GENERAL OF THE DEPARTMENT OF D E -
"°**" 
FENSE.—(1) After the increase in the threshold for submission of cost 
or pricing data under section 2306a(a) of title 10, United States Code 
(as amended by subsection (a)) has been in effect for three years, the 
Inspector General of the Department of Defense shall conduct a 
review of the effects of the increase in the threshold. 
(2) The review shall address whether increasing the threshold has 
improved the acquisition process in terms of reduced paperwork, 
financial or other savings to the government, an increase in the 
number of contractors participating in the defense contracting proc-
ess, and the adequacy of information available to contracting offi-
cers in cases in which certified cost or pricing data are not required 
under section 2306a. 
Reports. 
(3) The Inspector CJeneral of the Department of Defense shall 
submit to the Secretary of Defense a report on the review conducted 
under paragraph (1). The Secretary of Defense shall submit such 
report to Congress, along with such comments as the Secretary 
considers appropriate, upon completion of the report (and com-
ments) but not later than the date on which the President submits 
the budget to Congress pursuant to section 1105 of title 31, United 
States Code, for fiscal year 1996. 
10 u s e 2306a 
(c) REGULATIONS FOR BELOW-THRESHOLD PROCUREMENTS.—(1) The 
Secretary of Defense shall prescribe regulations identifjdng the t3rpe 
of procurements for which contracting officers should consider 
requiring the submission of certified cost or pricing data under 
section 2306a(c) of title 10, United States Code. 
(2) The Secretary also shall prescribe regulations concerning the 
t5rpes of information that offerors must submit for a contracting 
officer to consider in determining whether the price of a procure-
ment to the Government is fsiir and reasonable when certified cost 
. or pricing data are not required to be submitted under section 2306a 
of such title because the price of the procurement to the United 
States is not expected to exceed $500,000. Such information, at a 
minimum, shall include appropriate information on the prices at 
which such offeror has previously sold the same or similar products. 
(3) The regulations required under this subsection shall be pre-
scribed not later than six months after the date of the enactment of 
this Act. 
(d) DOCUMENTATION OF SUBMISSIONS UNDER SECTION 2306a(c).— 
Section 2306a(c) of title 10, United States Code, is amended by 
adding at the end the following: "In any case in which the head of 
the agency requires such data to be submitted under this subsection. 
note. 
contracts. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1591 
the head of the agency shall document in writmg the reasons for 
such requirement. *. 
SEC. 804. REPEAL OF REQUIREMENTS RELATING TO COMMERCIAL PRIC-
ING FOR SPARE OR REPAIR PARTS 
(a) REPEAL.—Section 2323 of title 10, United States Code, is hereby 
repealed. 
O
t
>
) CLERICAL AMENDMENT.—The table of sections for chapter 137 
of such title is amended by striking out the item relating to section 
2323. 
SEC. 805. COMPETITIVE ALTERNATIVE SOURCE REQUIREMENT 
Section 2438 of title 10, United States Code, is amended to read as 
follows: 
"§2438. Migor programs: competitive alternative sources 
"(aXD Before full-scale development under a major program 
begins, the Secretary of Defense shall prepare an acquisition strat-
egy for the program. 
(2) The Secretary shall ensure that contracts for each major Government 
program and each major subsystem under such major program 
are awarded in accordance with the acquisition strategy for such 
program. 
"(bXD The acquisition strategy prepared under subsection (aXD 
shall ensure that the Secretary will have the option to use competi-
tive alternative sources for major programs and for major sub-
systems under the major programs throughout the period from the 
beginning of full-scale development through the end of procurement 
in any case in which the establishment and maintenance of two or 
more sources— 
"(A) would— 
"(i) likely reduce technological risks associated with the 
program; 
"(ii) likely result in reduced costs for such program; or 
"(iii) likely result in an improvement in design commen-
surate with the additional cost; 
"(B) would not result in unacceptable delays in fulfilling the 
needs of the Department of Defense; and 
"(C) is otherwise in the national security interests of the 
United States. 
"(2) In carrjdng out this subsection, the Secretary may provide 
that the requirement for competitive alternative sources of a major 
program or subsystem is satisfied even though the sources for that 
major program or subsystem do not develop or produce identical 
systems if the systems developed serve similar functions and com-
pete effectively with each other. 
"(c) In this section: 
"(1) The term 'major program' means a major defense acquisi-
tion program, as such term is defined in section 2430 of this 
title. 
"(2) The term 'major subsystem', with respect to a major 
program, means a subsystem of the system developed under the 
program, that is purchased directly by the United States and for 
which— 
"(A) the amount for research, development, test, and 
evaluation is 10 percent or more of the amount specified in 
section 243(X2) of this title as the research, development. 
104 STAT. 1592 
PUBLIC LAW 101-510-NOV. 5, 1990 
test, and evaluation funding criterion for identification of a 
major defense acquisition program; or 
"(B) the amount for procurement is 10 percent or more of 
the amount specified in section 2430(2) of this title as the 
procurement funding criterion for identification of a major 
defense acquisition program.". 
SEC. 806. UNIFORM 
SMALL 
PURCHASE 
THRESHOLD 
FOR VARIOUS 
REQUIREMENTS APPLICABLE TO FEDERAL GOVERNMENT 
CONTRACTORS 
(a) SMALL PURCHASE THRESHOLD DEFINED.—(1) Section 4 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 403) is 
amended— 
(A) by striking out "and" at the end of paragraph (9); 
(B) by striking out the period at the end of paragraph (10) and 
inserting in lieu thereof "; and"; and 
(C) by adding at the end the following new paragraph: 
"(11) the term 'small purchase threshold' means $25,000, 
adjusted on October 1 of each year divisible by 5 to the amount 
equal to $25,000 in constant fiscal year 1990 dollars (rounded to 
the nearest $1,000).". 
41 use 403 note. 
(2) The first adjustment under section 4(11) of such Act, as 
amended by paragraph (1), shall be made on October 1, 1995. 
(b) AMENDMENTS TO TITLE 10.—Section 2304(g) of title 10, United 
States Code, is amended— 
(1) in paragraph (2), by striking out "$25,000" and inserting in 
lieu thereof "the small purchase threshold"; 
(2) in paragraph (3), by striking out "$25,()00" and inserting in 
lieu thereof "the small purchase threshold"; and 
(3) by adding at the end the following new paragraph: 
"(5) In this subsection, the term 'small purchase threshold' has the 
meaning given such term in section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11)).". 
(c) AMENDMENTS TO THE FEDERAL PROPERTY AND ADMINISTRATIVE 
SERVICES ACT OF 1949.—Section 303(g) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253) is amended— 
(1) in paragraph (2), by striking out "$25,000" and inserting in 
lieu thereof "the small purchase threshold"; 
(2) in paragraph (3), by striking out "$25,000" and inserting in 
lieu thereof "the small purchase threshold"; and 
(3) by adding at the end the following new paragraph: 
"(5) In this subsection, the term 'small purchase threshold' has the 
meaning given such term in section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11)).". 
(d) ADDITIONAL AMENDMENTS TO THE OFFICE OF FEDERAL PROCURE-
MENT POLICY ACT.—Section 18(aXl) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 416(aXl)) is amended— 
(1) by striking out "$25,000" each place it appears and insert-
ing in lieu thereof "the small purchase threshold"; and 
(2) in clause (A)— 
(A) by inserting "or" at the end of subclause (i); 
(B) by striking out "; or" at the end of subclause (ii) and 
inserting in lieu thereof a comma; and 
(C) by striking out subclause (iii). 
(e) AMENDMENTS TO SMALL BUSINESS ACT.—The Small Business 
Act (15 U.S.C. 631 et seq.) is amended as follows: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1593 
(1) Section 3 of such Act is amended by adding at the end the 15 USC 632. 
following new subsection: 
"(m) For purposes of this Act, the term 'small purchase threshold' 
has the meaning given such term in section 4(11) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(11)).". 
(2) Section 8 of such Act is amended— 
15 USC 637. 
(A) in subsection (dX2XA), by striking out "$10,000" and 
inserting in lieu thereof "the small purchase threshold"; 
and 
(B) in subsection (eXD— 
(i) by striking out "$25,000" each place it appears and 
inserting in lieu thereof "the small purchase thresh-
old"; 
(ii) by inserting "or" at the end of subclause (i) of 
clause (A); 
(iii) by striking out "; or" at the end of subclause (ii) 
of clause (A) and inserting in lieu thereof a comma; and 
(iv) by striking out subclause (iii) of clause (A). 
(3) Section 15(j) of such Act is amended by striking out "of less 15 USC 644. 
than $25,000" and inserting in lieu thereof "not in excess of the 
small purchase threshold". 
SEC. 807. MEMBERSHIP 
ON 
FEDERAL 
ACQUISITION 
REGULATORY 
COUNCIL 
Paragraph (2) of section 25(b) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 421(bX2)) is amended by inserting before the 
semicolon at the end of clause (A) the following: "or, in the case of 
the Secretary of Defense, an official at an organizational level not 
lower than an Assistant Secretary of Defense within the Office of 
the Under Secretary of Defense for Acquisition". 
SEC. 808. PROCEDURES APPLICABLE TO MULTIYEAR PROCUREMENT 
CONTRACTS 
(a) COST DETERMINATIONS.—Paragraph (1) of section 2306(h) of 
title 10, United States Code, is amended— 
(1) in the matter preceding subparagraph (A), by striking out 
"(other than contracts described in paragraph (6))"; and 
(2) in subparagraph (A), by striking out "reduced total costs 
under the contract' and inserting in lieu thereof "substantial 
savings of the total anticipated costs of carrying out the pro-
gram through annual contracts". 
(b) EXEMPTIONS.—Paragraph (6) of such section is amended by 
striking out "contracts for the construction, alteration, or major 
repair of improvements to real property or". 
(c) REQUIREMENTS WITH RESPECT TO SPECIFICALLY AUTHORIZED 
PROGRAMS.—Paragraph (9) of such section is amended— 
(1) by inserting "for a defense acquisition program that has 
been specifically authorized by law to be carried out using 
miiltiyear contract authority" in the matter preceding subpara-
graph (A) after "under this subsection"; and 
(2) by striking out subparagraph (C). 
SEC. 809. MAJOR DEFENSE ACQUISITION PILOT PROGRAM 
10 USC 2430 
(a) AUTHORITY TO CONDUCT PILOT PROGRAM.—The Secretary of 
Defense may conduct a pilot program for the purpose of determining 
the potential for increasing the efficiency and effectiveness of the 
acquisition process in major defense acquisition programs. 
104 STAT. 1594 
PUBLIC LAW 101-510—NOV. 5, 1990 
(b) DESIGNATION OF PARTICIPATING PROGRAMS.—(1) Subject 
to 
paragraph (2), the Secretary may designate not more than six major 
defense acquisition programs for participation in the pilot program. 
(2) The Secretary may designate for participation in the pilot 
program only those major defense acquisition programs specifically 
authorized to be so designated in a law authorizing appropriations 
for such program enacted after the date of the enactment of this 
Act. 
(c) CONDUCT OF PILOT PROGRAM.—(1) In the case of each major 
defense acquisition program designated for participation in the pilot 
program, the Secretary— 
(A) shall conduct the program in accordance with standard 
commercial, industrial practices; and 
(B) may waive or limit the applicability of any provision of 
law that is specifically authorized to be waived in the law 
authorizing appropriations referred to in subsection (bX2) and 
that prescribes— 
(i) procedures for the procurement of supplies or services; 
(ii) a preference or requirement for acquisition from any 
source or class of sources; 
(iii) any requirement related to contractor performance; 
(iv) any cost allowability, cost accounting, or auditing 
requirements; or 
(v) any requirement for the management of, testing to be 
performed under, evaluation of, or reporting on a major 
defense acquisition program. 
(2) The waiver authority provided in paragraph (IXB) does not 
apply to a provision of law if, as determined by the Secretary— 
(A) a purpose of the provision is to ensure the financial 
integrity of the conduct of a Federal Government program; or 
(B) the provision relates to the authority of the Inspector 
General of the Department of Defense. 
(d) DESIGNATION AS DEFENSE ENTERPRISE PROGRAM.—The Sec-
retary shall designate each participating major defense acquisition 
program as a defense enterprise program under section 2436 of title 
10, United States Code. The Secretary may waive the applicability of 
the requirement of this subsection or any provision of such section 
2436 to any such acquisition program if he determines that such a 
waiver is necessary for the purpose of the pilot program. 
(e) REGULATIONS.—(1) Not later than 270 days after the date of the 
enactment of this Act, the Secretary shgill publish proposed regula-
tions to implement this section and an invitation for public com-
ment on the proposed regulations. Not later than one year after 
such date, the Secretary shall promulgate final regulations to imple-
ment this section. 
(2XA) The Secretary may not waive or limit the applicability of a 
law to a major defense acquisition progrgma under subsection (cXlXB) 
unless the Secretary first prescribes regulations specifying the 
wgiiver or limitation. 
(B) In the case of a waiver or limitation of the applicability of a 
requirement imposed by a statute, including a regulation prescribed 
to implement such statutory requirement, the following procedures 
shall apply: 
(i) The Secretary shall publish the proposed waiver or limiting 
regulations and provide an opportunity for public comment on 
the proposed regulations for a period of not less than 60 days. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1595 
(ii) If a Federal Government official outside the Department 
of Defense has the responsibility for implementation of the 
statute, the Secretary shall consult with such official regarding 
the proposed waiver or limitation before publishing the pro-
posed waiver or limiting regulations under clause (i). 
(3) The Secretary may prescribe separate regulations for one or 
more major defense acquisition programs designated by the Sec-
retary for participation in the pilot program. 
(f) NOTIFICATION AND IMPLEMENTATION.—(1) The Secretary shsdl 
transmit to the congressional defense committees a written notifica-
tion of each major defense acquisition program proposed to be 
designated by the Secretary for participation in the pilot program. 
(2) If the Secretary proposes to wsdve or limit the applicability of 
any provision of law to a major defense acquisition program under 
the pilot program in accordance with this section, the Secre-
tary shall include in the notification regarding that acquisition 
program— 
(A) the provision of law proposed to be waived or limited; 
(B) the effects of such provision of law on the acquisition, 
including specific examples; 
(C) the actions taken to ensure that the waiver or limitation 
will not reduce the efficiency, integrity, and effectiveness of the 
acquisition process used for the major defense acquisition pro-
gram; and 
(D) specific budgetary and personnel savings, if any, that will 
result from the waiver or limitation. 
(g) LiMH-ATiON ON WAIVER AUTHORITY.—The applicability of the 
following requirements of law may not be weiived or limited under 
subsection (c)(1)(B) with respect to a major defense acquisition 
program: 
(1) The requirements of this section. 
(2) The requirements contained in any law enacted on or after 
the date of the enactment of this Act if that law designates such 
major defense acquisition program as a participant in the pilot 
program, except to the extent that a waiver of such requirement 
is specifically authorized for such major defense acquisition 
program in a law enacted on or after such date. 
(h) TERMINATION OF AUTHORITY.—The authority to waive or limit 
the applicability of any law under this section may not be exercised 
after September 30,1992. 
(i) DEFINITION.—In this section the term "major defense acquisi-
tion program" shall have the meaning given such term in section 
2430 of title 10, United States Code. 
SEC. 810. ACQUISITION OF COMMERCIAL PRODUCTS 
Section 2325(a) of title 10, United States Code, is Eimended— 
(1) in paragraph (2) by striking out "and"; 
(2) in paragraph (3) by striking out the period and inserting in 
lieu thereof a semicolon and "smd"; and 
(3) by adding at the end thereof the following new paragraph: 
"(4) prior to developing new specifications, the Department 
conducts 
market 
research 
to 
determine 
whether 
nondevelopmental items are available or could be modified to 
meet agency needs.". 
104 STAT. 1596 
PUBLIC LAW 101-510—NOV. 5, 1990 
PART B—MODIFICATIONS TO EXISTING LAW 
SEC. 811. CLARIFICATION OF SMALL BUSINESS CONCERNS COVERED BY 
SECTION 1207 
Section 1207(a) of the Department of Defense Authorization Act, 
1987 (Pubhc Law 99-661; 10 U.S.C. 2301 note), is amended by 
amending paragraph (1) to read as follows: 
"(1) sm^l business concerns, including mass media and 
advertising firms, owned and controU^ by socially and 
economically disadvantaged individuals (as such term is used in 
section 8(d) of the Small Business Act (15 U.S.C. 637(d) and 
regulations issued under that section), the majority of the earn-
ings of which directly accrue to such individuals;". 
SEC. 812. ADDITIONAL PROHIBITION ON CONVICTED INDIVIDUALS 
(a) ADDITIONAL PROHIBITIONS ON INDIVIDUALS CONVICTED OF FELO-
NIES RELATED TO DEFENSE CONTRACTS.—Paragraph (1) of section 
2408(a) of title 10, United States Code, is amended— 
(1) by inserting "or any first tier subcontract of a defense 
contract" before the period at the end of subparagraph (A); 
(2) by inserting "or any subcontractor awarded a contract 
directly by a defense contractor" before the period at the end of 
subparagraph (B); 
(3) by inserting "or any subcontractor awarded a contract 
directly by a defense contractor" before the period at the end of 
subparagraph (C); and 
(4) by inserting "or first tier subcontract of a defense con-
tract" before the period at the end of subparagraph (D). 
(b) RELATED CRIMINAL PENALTY.—Section 2408(b) of such title is 
amended by inserting "or subcontractor" after "contractor" each 
place it appears. 
SEC. 813. DISCLOSURE REQUIREMENT RELATING TO SUBCONTRACTORS 
Section 2393 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
Regulations. 
"(d) The Secretary of Defense shall prescribe in regulations a 
requirement that each contractor under contract with the Depart-
ment of Defense shall require each contractor to whom it awards a 
contract (in this section referred to as a subcontractor) to disclose to 
the contractor whether the subcontractor is or is not, as of the time 
of the award of the subcontract, debarred or suspended by the 
Federal government from Government contracting or subcontract-
ing. The requirement shall apply to any subcontractor whose 
subcontract is in an amount above the small purchase amount 
established in section 2304(g) of this title.". 
SEC. 814. AUTHORITY TO USE FUNDS FOR ADMINISTRATIVE COSTS OF 
PROCUREMENT TECHNICAL ASSISTANCE PROGRAM 
(a) AUTHORITY.—(1) Chapter 142 of title 10, United States Code, is 
amended— 
(A) by redesignating section 2417 as section 2418; and 
(B) by inserting after section 2416 the following new section: 
"§ 2417. Administrative costs 
"The Director of the Defense Logistics Agency may use, out of the 
amount appropriated for a Hscal year for operation and mainte-
nance for the procurement technical assistance program authorized 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1597 
by this chapter, an amount not exceeding three percent of such 
amount to defray the expenses of administering the provisions of 
this chapter during such fiscal year.". 
(2) The table of sections at the beginning of such chapter is 
amended by striking out the item relating to section 2417 and 
inserting in lieu thereof the following: 
"2417. Administrative costs. 
"2418. Regulations.". 
(b) EFFECTIVE DATE.—Section 2417 of title 10, United States Code, 
as added by subsection (a), shall apply with respect to fiscal year 
1991 and each fiscal year thereafter. 
SEC. 815. POPT-EMPLOYMENT RULES. 
(a) SUSPENSION OF EFFECT OF CERTAIN PROVISIONS OF LAW.—The 
following provisions of law shall have no force or effect during the 
period beginning on December 1, 1990 and ending on May 31, 1991: 
(1) Subsection (f) of section 27 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 423(f)). 
(2) Sections 2397a and 2397b of title 10, United States Code. 
(3) Section 281 of title 18, United States Code. 
(4) Sections 603 through 606, subsections (a) and (b) of section 
607, and subsections (a) and (c) of section 608 of the Department 
of Energy Organization Act (42 U.S.C. 4101 et seq.). 
(b) CLARIFICATION OF FREQUENCY OF CERTIFICATION BY EMPLOYEES 
OF CONTRACTORS.—Not later than 30 days after the date of the 
enactment of this Act, the regulations implementing section 
27(eXlXB) of the Office of Federal Procurement Policy Act (41 U.S.C. 
423(e)(lXB)) shall be revised to ensure that a contractor is required 
to obtain from each officer, employee, agent, representative, and 
consultant of the contractor only one certification (as described in 
clauses (i) and (ii) of that section) during the person's emplojnnent or 
association with the contractor and that such certification shall be 
made at the earliest possible date after the person begins his or her 
emplojmient or association with the contractor. 
PART C—DEFENSE INDUSTRIAL AND TECHNOLOGY BASE 
SEC. 821. A N N U A L DEFENSE CRITICAL TECHNOLOGIES PLAN 
(a) 
INCREASED INFORMATION RELATING TO FUNDING.—Section 
2508(b) of title 10, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (1); 
(2) by striking out the period at the end of paragraph (2) and 
inserting in lieu thereof a semicolon; and 
(3) by inserting at the end the following new paragraphs: 
"(3) identify each program element (contained in the budget 
information submitted to Congress by the Department of De-
fense in support of the budget submitted by the President 
pursuant to section 1105(a) of title 31 for the first fiscal year 
covered by the plan) for which funds are budgeted for the 
support of the development of any critical technology identified 
in the plan; and 
"(4) for each such program element— 
"(A) specify the amount included for each critical tech-
nolc^y covered by the program element; and 
"(B) include a comparison of that amount with the 
amount, if any, available to the Department of Defense for 
10 u s e 2417 
note. 
41 u s e 423 note. 
10 u s e 2397a 
note, 2397b note. 
18 u s e 281 note. 
42 u s e 7213 
note, 7214 note, 
7215 note, 7216 
note, 7217 note, 
7218 note. 
41 u s e 423 note. 
104 STAT. 1598 
PUBLIC LAW 101-510—NOV. 5, 1990 ^ 
development of such critical technology for the fiscal year 
preceding the first fiscal year covered by the plan.". 
10 use 2508 
(b) APPUCABILTTY.—The amendments made by subsection (a) shall 
apply to annual defense critical technologies plans submitted after 
March 1,1991. 
note. 
42 use 6686. 
SEC. 822. CRITICAL TECHNOLOGIES INSTITUTE 
(a) EsTABUSHMENT.—There shall be established a federally funded 
research and development center to be known as the "Critical 
Technologies Institute" (hereinafter referred to in this section as the 
"Institute"). 
Ot)) INCORPORATION.—The Institute shall be incorporated as a non-
profit membership corporation. 
(c) BOARD OF TRUSTEES.—(1) The Institute shsill have a Board of 
Trustees (hereafter referred to in this section as the "Board") 
composed of 21 members as follows: 
(A) The Director of the Office of Science and Technology 
Policy, who shall be Chairman of the Board. 
(B) The Secretary of Defense, or the Secretary's designee. 
(C) The Secretary of Energy, or the Secretary's designee. 
(D) The Secretary of Health and Human Services, or the 
Secretary's designee. 
(E) The Secretary of Commerce, or the Secretary's designee. 
(F) The Administrator of the National Aeronautics and Space 
Administration, or the Administrator's designee. 
(G) The Director of the National Science Foundation, or the 
Director's designee. 
(H) Four members appointed by the Director of the Office of 
Science and Technology Policy from among the members of the 
Federal Coordinating Council on Science, Engineering, and 
Technology (other than members of such council named in 
subparagraphs (B) through (G)). 
(I) Ten members appointed by the members of the Board 
referred to in subparagraphs (A) through (H) from among rep-
resentatives of industry and colleges and universities in the 
United States. 
(2XA) The term of service of members of the Board appointed 
under paragraph (IXH) shall be four years, except that of the four 
members first appointed, one shall be appointed for a term of one 
year, one shall be appointed for a term of two years, one shall be 
appointed for a term of three years, and one shall be appointed for a 
term of four years, as specified by the Director of the Office of 
Science and Technology Policy at the time of the appointments. 
(B) The term of office for each of the members of the Board 
appointed under paragraph (IXD shall be specified by the appointing 
members of the Board at the time of appointment. 
(C) Members of the Board may be reappointed. 
(D) A vacancy in a membership of the Board appointed pursuant 
to subparagraph (H) or (I) of paragraph (1) shall be filled in the same 
manner as the original appointment. A member appointed under 
this subparagraph shall serve for the remainder of the unexpired 
term of his predecessor. 
(3) The Board shall meet at least twice each year. 
(4XA) TTie Board shall have an executive committee composed of 
the members referred to in subparagraphs (A) through (G) of para-
graph (1) and six of the members appointed pursuant to subpara-
graph (I) of such paragraph. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1599 
(B) The executive committee shall meet at least six times each 
year. 
(5) A member of the Board who is an officer or employee of the 
United States may not receive pay for service as a member, other 
than the pay provided for the member's position as an officer or 
employee of the United States. 
(d) DUTIES OF THE INSTITUTE.—The Institute shall— 
(1) survey the views of United States industry, colleges, and 
universities, and Federal and State agencies, involved in re-
search, development, or utilization of critical technologies on— 
(A) each critical technology identified in the most recent 
biennial report of the National Critical Technologies Panel 
established pursuant to section 601 of the National Science 
and Technology Policy, Organization, and Priorities Act of 
1976 (42 U.S.C. 6681); and 
(B) each technology that the Institute considers critical 
on the basis of its analysis of national and worldwide trends 
in basic and applied research and development; 
(2) on the basis of such views and analysis by Institute 
personnel— 
(A) identify suitable near-term, mid-term, and long-term 
national objectives for the research, development, and 
production capability of the United States with respect to 
such technologies; and 
(B) prepare possible strategies for achieving the identified 
objectives, including a discussion of the appropriate roles of 
industry, colleges and universities, and Federal and State 
agencies; 
(3) publish reports, as appropriate, discussing— 
(A) such national objectives and strategies; and 
(B) progress in implementing such strategies and achiev-
ing such objectives; and 
(4) at the direction of the Director of the Office of Science and 
Technology Policy, provide technical support and assistance 
regarding policy formulation to the committees and panels of 
the Federal Coordinating Council for Science, Engineering, and 
Technology that are responsible for planning and coordinating 
Federal Government activities that advance the development of 
critical technologies and sustain and strengthen the science and 
technology base of the United States. 
(e) SPONSORSHIP.—(1) The Director of the Office of Science and 
Technology shall be the sponsor of the Institute. 
(2) The Director and the Board shall enter into a sponsor agree-
ment consistent with the requirements prescribed by the Adminis-
trator for Federal Procurement Policy that are generally applicable 
to sponsor agreements. 
(3) The sponsor agreement shall— 
(A) require the Institute to perform such functions for the 
Office of Science and Technology Policy as the Director of that 
office may specify consistent with the requirements of subsec-
tion (d); and 
(B) permit the Institute, subject to the concurrence of the 
Director, to perform functions for the member agencies of the 
Federal Coordinating Council on Science, Engineering, and 
Technology Policy. 
(f) DEADUNE FOR CERTAIN ACTIONS.—The Director of the Office of 
Science and Technology Policy shall take such actions as may be 
Reports. 
Government 
contracts. 
104 STAT. 1600 
PUBLIC LAW 101-510—NOV. 5, 1990 
necessary to ensure that, not later than 90 days sifter the date of the 
enactment of this Act— 
(1) the articles of incorporation for the Institute have been 
appropriately filed; 
(2) the corporate bylaws have been adopted; 
(3) the Board members have been identified or appointed, as 
appropriate; 
(4) the initial officers of the Institute have been elected; 
(5) the first regular business meeting of the Board has been 
conducted; and 
(6) the sponsor agreement referred to in subsection (e) has 
been entered into. 
(g) FUNDING.—(1) Subject to such limitations as may be provided 
in appropriation Acts, the Secretary of Defense shall make available 
to the Director of the Office of Science and Technology Policy, out of 
funds available for the Department of Defense, $5,000,000 for fund-
ing the activities of the Institute in the first fiscal year in which the 
Institute begins operations. 
(2) There is authorized to be appropriated for the Institute for 
each fiscal year after the fiscal year referred to in paragraph (1) 
such sums as may be necessary for operation of the Institute. 
SEC. 823. MANUFACTURING TECHNOLOGY 
(a) IN GENERAL.—Title 10, United States Code, is amended— 
(1) by redesignating chapter 149 as chapter 150; 
(2) by redesignating section 2511 as section 2521; and 
(3) by inserting after chapter 148 the following new chapter: 
"CHAPTER 149—MANUFACTURING TECHNOLOGY 
"Sec. 
"2511. Definitions. 
"2512. Management and planning. 
"2513. National Defense Manufacturing Technology Plan. 
"2514. Research and implementation. 
"2515. Computer-integrated manufacturing technology. 
"2516. Concurrent engineering. 
"2517. Manufacturing extension programs. 
"§ 2511. Definitions 
"In this chapter: 
"(1) The term 'manufacturing technology' means development 
of techniques and processes designed to improve manufacturing 
quality, productivity, and practices, including quality control, 
shop floor management, inventory management and worker 
training, as well as manufacturing equipment and software. 
"(2) The term 'manufacturing extension programs' means 
publicly-chartered organizations and services to transfer tech-
nology and help modernize small manufacturers through re-
search, education and training, and outreach activities. 
"§ 2512. Management and planning 
"The Secretary of Defense, acting through the Under Secretary of 
Defense for Acquisition, shall— 
"(1) provide centralized Department of Defense policy guid-
ance and direction to the military departments and the Defense 
^encies on all matters relating to manufacturing technology; 
and 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1601 
"(2) direct the development and implementation of Depart-
ment of Defense plans, programs, projects, and policies that 
promote the development and application of advanced tech-
nologies to manufacturing processes, tools, and equipment. 
"§ 2513. National Defense Manufacturing Technology Plan 
"(a) The Secretary of Defense, in coordination with the Secretary 
of Commerce and the Secretary of Energy, shall develop and imple-
ment a National Defense Manufacturing Technology Plan (hereafter 
in this section referred to as the 'Plan'). Subject to the authority, 
direction, and control of the Secretary of Defense, the Under Sec-
retary of Defense for Acquisition shall perform the duty of the 
Secretary under this subsection. 
"(b) The Plan shall— 
"(1) provide guidance (formulated in coordination with the 
Department of Commerce and other relevant public and private 
organizations) to the military departments and Defense Agen-
cies £uid to the Department of Energy on the goals, priorities, 
and approaches to be taken in the defense manufacturing tech-
nology program; 
"(2) provide a link between the manufacturing technology 
program and the industrial preparedness programs conducted 
by the Department of Defense and similar and related activities 
undertaken by government or the private sector, including 
programs, projects and activities carried out by the Secretary of 
Commerce pursuant to section 25 of the Act of March 3,1901 (15 
U.S.C. 278k) and section 5121(b) of the Omnibus Trade and 
Competitiveness Act of 1988 (15 U.S.C. 2781 note); 
"(3) contain an analysis of the role of manufacturing exten-
sion services in— 
"(A) improving the manufacturing quality, productivity, 
technology, and practices of defense industry subtler suppli-
ers; and 
"(B) disseminating to such suppliers such Department of 
Defense manufacturing concepts as best manufacturing 
practices, product data exchsmge specifications, computer-
aided acquisition and logistics support, and rapid acquisi-
tion of manufactured parts; and 
"(4) contedn a description of how the Secretary of Defense will 
coordinate with each Federal agency and department in im-
plementing the Plan. 
"(c) In developing the Plan, the Secretaries referred to in subsec-
tion (a) shall consider and use, as appropriate, reports and studies 
conducted by Federal agencies and departments, the Office of Tech-
nology Assessment, the National Research Council, the Defense 
Science Board, industrial associations and organizations, and other 
entities. 
"(d) The manufacturing technology program conducted by the 
Department of Defense may include only the projects and activities 
that are covered by the Plan and any projects or activities that, as 
determined by the Secretary of Defense, have a higher priority than 
the projects and activities covered by the Plan. 
"§ 2514. Research and implementation 
"The Secretary of Defense, acting through the Under Secretary of 
Defense for Acquisition, and in coordination with the Secretary of 
Commerce, the Secretary of Energy, and other relevant Federal 
104 STAT. 1602 
PUBLIC LAW 101-510—NOV. 5, 1990 
departments and agencies, shall enhance basic research in scientific 
disciplines relating to manufacturing technology— 
"(1) by promoting research on those technologies applicable to 
improving manufacturing processes in colleges and universities 
in the United States, and in associated centers of excellence; 
and 
"(2) by creating technology transfer and education and train-
ing mechanisms to ensure that the results of this research are 
readily available to United States industry. 
"§ 2515. Computer-integrated manufacturing technology 
"The Secretary of Defense, acting through the Under Secretary of 
Defense for Acquisition, and in coordination with the Secretary of 
Commerce and the Secretary of Energy, shall promote the use 
of computer-integrated manufacturing in order to improve manufac-
turing quality, reduce manufacturing costs, and reduce production 
lead times. 
"§ 2516. Concurrent engineering 
"The Secretary of Defense, acting through the Under Secretary of 
Defense for Acquisition, shall enhance Department of Defense use 
of concurrent engineering practices in the design and development 
of weapon systems. 
"§ 2517. Manufacturing extension programs 
"The Secretary of Defense, acting through the Under Secretary of 
Defense for Acquisition, and in coordination with the Secretary of 
Commerce and the Secretary of Energy, shall promote the improve-
ment of the subtler defense industry through use of manufacturing 
extension programs and other existing organizations chartered to 
help small manufacturers for the purpose of disseminating such 
Department of Defense manufacturing concepts as best manufactur-
ing practices, product data exchange specification, computer-aided 
acquisition and logistics support, and rapid acquisition of manufac-
tured parts. Manufacturing extension programs so used shall in-
clude programs carried out by the Secretary of Commerce pursuant 
to section 25 of the Act of March 3,1901 (15 U.S.C. 278k) and section 
5121(b) of the Omnibus Trade and C!ompetitiveness Act of 1988 (15 
U.S.C. 2781 note).". 
(b) TECHNICAL AMENDMENTS.—(1) The table of chapters at the 
beginning of subtitle A of title 10, United States Code, and the 
beginning of part IV of such subtitle are each Eunended by striking 
out the item relating to chapter 149 and inserting in lieu thereof the 
following new items: 
"149. Maufacturing Technology 
2511 
"150. Issue to Armed Forces 
2521". 
(2) The table of sections at the beginning of chapter 150 of such 
title, as redesignated by subsection (a) of this section, is amended by 
striking out the item relating to section 2511 and inserting in lieu 
thereof the following: 
"2521. Reserve components: supplies, services, and facilities.". 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1603 
SEC. 
8
2
4
. 
INDEPENDENT 
RESEARCH 
AND 
DEVELOPMENT 
ENHANCEMENT 
(a) REVISION AND CODIFICATION OF PROVISION RELATING TO ALLOW-
ABILITY OF INDEPENDENT RESEARCH AND DEVELOPMENT COSTS.—(1) 
Chapter 139 of title 10, United States Code, is amended by adding at 
the end the following new section: 
"§ 2372. Independent research and development 
"(a) The Secretary of Defense shall prescribe regulations govern- Regulations 
ing the pajonent, by the Department of Defense, of independent 
research and development costs or bid and proposal costs. 
"(b) Payment may be made for independent research and develop-
ment costs or bid and proposal costs when work for which pa3rment 
is made is of potential interest to the Department of Defense. 
"(c) The regulations shall encourage contractors to engage in 
research and development activities that— 
"(1) strengthen the defense industrial and technology base of 
the United States; 
"(2) enhance the industrial competitiveness of the United 
States; 
"(3) promote the development of technologies identified as 
critical under section 2508 of this title; 
"(4) incresise the development of technologies useful for both 
the private commercial sector and the public sector; and 
"(5) develop efficient and effective technologies for achieving 
such environmental benefits as improved environmental data 
gathering, environmental cleanup and restoration, pollution-
reduction in manufacturing, environmental conservation, and 
environmentally safe management of facilities. 
"(dXD Subject to paragraph (3), for each fiscal year following a 
fiscal year in which independent research and development costs or 
bid and proposal costs incurred by a person were paid by the 
Department of Defense in a total amount exceeding $7,000,000, the 
Secretary of Defense shall enter into an advance agreement with 
such person regarding the manner and extent to which the Depart-
ment of Defense may pay independent research and development 
costs or bid and proposal costs incurred by such person. If such 
person is a business entity that has a product division that received 
pa3anents for such costs from the Department of Defense in a total 
amount exceeding $700,000 during such preceding fiscal year, the 
Secretary may enter into an advance agreement, regarding pa3nment 
of the independent research and development costs and bid and 
proposal costs incurred by such product division. 
"(2) The agreement shall include the following provisions: 
"(A) The maximum Eimount of the costs incurred by such 
person in that fiscal year that the Department may pay. 
"(B) The costs that are payable under the agreement, which 
may be only those costs that are incurred in connection with 
work referred to in subsection (b) or the attainment of benefits 
described in subsection (c). 
"(3) If a person referred to in paragraph (1) does not enter into an 
advance agreement with the Secretary under paragraph (1) for a 
fiscal year, the pajonent of the independent research and develop-
ment costs and bid and proposal costs incurred by such person 
during such fiscal year shall be subject to such limitations as the 
Secretary of Defense may prescribe in the regulations under subsec-
tion (a). 
Government 
contracts. 
104 STAT. 1604 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(4) On October 1, 1994, and October 1 of each third year there-
after, the Secretary may adjust the amounts in paragraph (1) to 
reflect cheinges in one or more economic indices that the Secretary 
considers appropriate for use in making adjustments under this 
paragraph. 
"(5) The provisions of this section shall apply only to contracts for 
which the submission and certification of cost or pricing data are 
required in accordance with section 2306a of this title.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2372. Independent research and development.". 
(b) REPEAL OF SUPERSEDED PROVISION.—Section 203 of Public Law 
91-441 (10 U.S.C. 2358 note) is repealed. 
SEC. 825. ANNUAL REPORT ON ACTIVITIES RELATING TO DEFENSE 
INDUSTRIAL BASE 
(a) DEFENSE INDUSTRIAL BASE ANNUAL REPORT.—Chapter 148 of 
title 10, United States Code, is amended by inserting after section 
2508 the following new section: 
"§ 2509. Defense industrial base annual report 
"(a) ANNUAL REPORT REQUIREMENT.—The Secretary of Defense 
(acting through the Under Secretary of Defense for Acquisition), in 
consultation with the Secretary of Commerce (acting through the 
Under Secretary of C!ommerce for Export Administration), shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives an annual report on— 
"(1) the actions taken pursuant to this chapter for the 
improvement of the defense industrial base of the United 
States; and 
"(2) the effects of defense budgets and plans on the ability of 
the United States defense industrial base to meet the national 
security needs of the United States. 
"(b) FINANCIAL ABILITY ANALYSIS.—The report required by this 
section shall include an analysis of the condition of the defense 
industrial base of the United States, particularly with respect to the 
financial ability of United States businesses— 
"(1) to conduct research and development activities relating to 
critical defense technologies, including the critical technologies 
identified in the annual defense critical technologies plan 
submitted pursuant to section 2508 of this title in the year in 
which the annual report is submitted; 
"(2) to apply those technologies to the production of goods and 
the furnishing of services; 
"(3) to maintain a viable production base in critical areas of 
defense production and technology at the procurement levels for 
which funds are available to the Department of Defense and at 
planned Department of Defense procurement levels; 
"(4) to expand the defense production base to respond to rapid 
increases in the demand for defense production and critical 
defense technologies; 
"(5) to maintain a viable defense production base in each 
critical area of defense production and technology in which 
terminations of major Department of Defense procurement pro-
grams or reductions in planned Department of Defense procure-
ment— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1605 
"(A) have taken place in the year before the year in 
which the report is submitted; or 
"(B) are provided for— 
"(i) in the budget submitted pursuant to section 
1105(a) of title 31 in the year in which the annual 
report is submitted; and 
"(ii) in the five-year defense program submitted with 
such budget pursuant to section 114a of this title; and 
"(6) to engage in any other activities determined by the 
Secretary to be critical to the national security. 
"(c) ANALYSIS CONSIDERATIONS.—In the preparation of the analysis 
required in subsection (b), the following factors shall be considered: 
"(1) Trends in the profitability, levels of capital investment, 
spending on research and development, and debt burden of 
businesses involved in research on, development of, and applica-
tion of critical defense technologies. 
"(2) The consequences of mergers, acquisitions, and takeovers 
of such businesses. 
"(3) The consequences of terminations of major programs and 
reductions in levels of military procurements in the fiscal year 
in which the report is submitted and planned 
military 
procurement. 
"(4) The effects of levels of concurrency in acquisition pro-
gram strategies, levels of facilitization required by the Secretary 
of defense contractors, competition requirements, and efforts of 
the Department of Defense to expand the use of commercial 
technology and equipment. 
"(5) The effects of dependence on foreign or foreign-owned 
suppliers. 
"(6) The results of Department of Defense spending for criti-
cal defense technologies for the fiscal year in which the report is 
submitted. 
"(7) The likely future level of Department of Defense spend-
ing for such technologies during the four fiscal years following 
the fiscal year in which the report is submitted and the likely 
results of that level of spending. 
"(d) ANNUAL REPORT DATE.—The report under this section shall 
be submitted not later than March 15 of each year.". 
O
t
>
) TABLE OF SECTIONS.—The table of sections at the beginning of 
such chapter is amended by adding at the end the following new 
item: 
"2509. Defense industrial base annual report.". 
SEC. 
8
2
6
. 
DEFENSE INDUSTRIAL BASE FOR TEXTILE AND APPAREL 
PRODUCTS 
(a) MONITORING AND FIVE-YEAR ANNUAL REPORT REQUIREMENT.— 
(1) Chapter 148 of title 10, United States Code (as £unended by 
section 825(a)), is further amended by adding at the end the follow-
ing new section: 
"§2510. Defense industrial base for textile and apparel products 
"(a) CAPABILITY OF DOMESTIC TEXTILE AND APPAREL INDUSTRIAL 
BASE.—The Secretary of Defense shall monitor the capability of the 
domestic textile and apparel industrial base to support defense 
mobilization requirements. 
104 STAT. 1606 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(b) ANNUAL REPORT.—The Secretary shall submit to Congress not 
later than April 1 of each of the five years beginning with 1991 a 
report on the status of such industrial base. Each such report shall 
include the following: 
"(1) An identification of textile and apparel mobilization 
requirements of the Department of Defense that cannot be 
satisfied on a timely basis by the domestic industries. 
"(2) An assessment of the effect any inadequacy in the textile 
and apparel industried base would have on a defense mobiliza-
tion. 
"(3) Recommendations for ways to alleviate any inadequacy in 
such industrial base that the Secretary considers critical to 
defense mobilization requirements.". 
(2) The table of sections at the beginning of such chapter (as 
amended by section 825(b)) is further amended by adding at the end 
the following new item: 
"2510. Defense industrial base for textile and apparel products.". 
(b) CONFORMING AMENDMENT.—Section 1456 of the Department of 
10 use 113 note. Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 762), is 
repealed. 
SEC. 827. USE OF PARTNERSHIP INTERMEDIARIES 
(a) PARTNERSHIP INTERMEDIARIES.—The Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by 
adding at the end the following new section: 
15 use 3715. 
"SEC. 21. USE OF PARTNERSHIP INTERMEDIARIES. 
"(a) AUTHORITY.—Subject to the approval of the Secretary or head 
of the affected department or agency, the Director of a Federal 
laboratory, or in the case of a federally funded research and develop-
ment center, the Federal employee who is the contract officer, 
may— 
"(1) enter into a contract or memorandum of understanding 
with a partnership intermediary that provides for the partner-
ship intermediary to perform services for the Federal labora-
tory that increase the likelihood of success in the conduct of 
cooperative or joint activities of such Federal laboratory with 
small business firms; and 
"(2) pay the Federal costs of such contract or memorandum of 
understanding out of funds available for the support of the 
technology transfer function pursuant to section 11(b) of this 
Act. 
"(b) PARTNERSHIP PROGRESS REPORTS.—The Secretary shall in-
clude in each triennial report required under section 6(d) of this Act 
a discussion and evaluation of the activities carried out pursuant to 
this section during the period covered by the report. 
"(c) DEFINITION.—For purposes of this section, the term 'partner-
ship intermediary' means an agency of a State or local government, 
or a nonprofit entity owned in whole or in part by, chartered by, 
funded in whole or in part by, or operated in whole or in part by or 
on behalf of a State or local government, that assists, counsels, 
advises, evaluates, or otherwise cooperates with small business firms 
that need or can make demonstrably productive use of technology-
related assistance from a Federal laboratory, including State pro-
grams receiving funds under cooperative agreements entered into 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1607 
Small 
businesses. 
Inter-
governmental 
relations. 
under section 51210t>) of the Omnibus Trade and Competitiveness 
Act of 1988 (15 U.S.C. 2781 note).". 
(b) MODEL PROGRAM.—(1) In the administration of applicable 15 use 3705 
provisions of the Stevenson-Wydler Technology Innovation Act of ^°^-
1980 or section 5121(b) of the Omnibus Trade and Competitiveness 
Act of 1988, the Secretary of (Commerce shall develop, in consulta-
tion with the Secretary of Defense and the Secretmy of Energy, 
model programs for national defense laboratories. 
(2) Model programs under this subsection shall involve Federal 
laboratories, small businesses, and partnership intermediaries. The 
purpose of the model programs is to demonstrate successful relation-
ships between the Federal Grovemment, State and local govern-
ments, and small businesses which encourage economic growth 
through the commercial application of technology resulting from 
federally funded research. 
(3) In this subsection, the term "national defense laboratory" 
means any laboratory, federally funded research and development 
center (FFRDC), or other center established under section 6 or 8 of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3705, 3707) that is owned by the Federal Government, whether 
operated by the Federal Government or by a contractor, and— 
(A) is under the jurisdiction of the Secretary of Defense; or 
(B) is under the jurisdiction of the Secretary of Energy, but 
only if the primary function of the laboratory, FFRDC, or other 
center under the Secretary's jurisdiction is to support the na-
tional defense activities of the Department of Defense or the 
Department of Energy. 
SEC. 828. TECHNOLOGY TRANSFER CONTRACT PROVISIONS 
(a) PROVISIONS TO BE INCLUDED.—Section 3133(d) of the National 
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public 
Law 101-189; 103 Stat. 1675) is amended— 
(1) in paragraph (1), by inserting after "to the extent not 
already included the following: "and subject to paragraph (6)"; 
and 
(2) by adding at the end the following new paragraph: 
"(6) C!ontract provisions referred to in paragraph (1) shall include 
only such provisions as are necessary to carry out paragraphs (1) 
and (2) of this subsection.". 
(b) EFFECTIVE DATE.—Paragraph (6) of 3133(d) of such Act, as 
added by subsection (a), shall apply only to contracts entered into 
after the date of enactment of this Act. 
15 u s e 3710a 
note. 
15 u s e 3710a 
note. 
PART D—MISCELLANEOUS 
SEC. 831. MENTOR-PROTEGE PILOT PROGRAM 
(a) EsTABUSHMENT OF PiLOT PROGRAM.—The Secretary of Defense 
shall establish a pilot program to be known as the "Mentor-Protege 
Program". 
(b) PURPOSE.—The purpose of the progremi is to provide incentives 
for major Department of Defense contractors to furnish disadvan-
taged small business concerns with assistance designed to enhance 
the capabilities of disadvantaged small business concerns to perform 
as subcontractors and suppliers under Department of Defense con-
tracts and other contracts and subcontracts in order to increase the 
participation of such business concerns as subcontractors and 
10 use 2301 
note. 
Small 
businesses. 
104 STAT. 1608 
PUBLIC LAW 101-510—NOV. 5, 1990 
suppliers under Department of Defense contracts, other Federal 
Grovernment contracts, and commercial contracts. 
(c) PROGRAM PARTICIPANTS.—(1) A business concern meeting the 
eligibility requirements set out in subsection (d) may enter into 
agreements under subsection (e) and furnish assistance to disadvan-
taged small business concerns upon making application to the Sec-
retary of Defense and being approved for participation in the pilot 
program by the Secretary. A business concern participating in the 
pilot program pursuant to such an approval shall be known, for the 
purposes of the program, as a "mentor firm". 
(2) Disadvantaged small business concerns eligible for the award 
of Federal contracts may obtain assistance from one or more mentor 
firms upon entering into an agreement with the mentor firm or 
firms as provided in subsection (e). A disadvantaged small business 
concern receiving such assistance shall be known, for the purposes 
of the program, as a "protege firm". 
(3) In entering into an agreement pursuant to subsection (e), a 
mentor firm may rely in good faith on a written representation of a 
business concern that such business concern is a disadvantaged 
small business concern. The Small Business Administration shall 
determine the status of such business concern as a disadvantaged 
small business concern in the event of a protest regarding the status 
of such business concern. If at any time the business concern is 
determined by the Small Business Administration not to be a dis-
advantaged small business concern, assistance furnished such busi-
ness concern by the mentor firm after the date of the determination 
may not be considered assistance furnished under the program. 
(d) MENTOR FIRM EUGIBIUTY.—Subject to subsection (c)(1), a 
mentor firm eligible for award of Federal contracts may enter into 
an Eigreement with one or more protege firms under subsection (e) 
and provide sissistance under the program pursugmt to that agree-
ment i
f
— 
(1) during the fiscal year preceding the fiscal year in which 
the mentor firm enters into the agreement, the total amount of 
the Department of Defense contracts awarded such mentor firm 
and the subcontracts awarded such mentor firm under Depart-
ment of Defense contracts was equal to or greater than 
$100,000,000; or 
(2) the mentor firm demonstrates the capability to assist in 
the development of protege firms, and is approved by the Sec-
retary of Defense pursuant to criteria specified in the regula-
tions prescribed pursuant to subsection (k). 
(e) MENTOR-PROTEGE AGREEMENT.—Before providing assistance to 
a protege firm under the program, a mentor firm shall enter into a 
mentor-protege agreement with the protege firm regarding the 
assistance to be provided by the mentor firm. The agreement shall 
include the following: 
(1) A developmental program for the protege firm, in such 
detail as may be reasonable, including (A) factors to assess the 
protege firm's developmental progress under the program, and 
(B) the anticipated number and type of subcontracts to be 
awarded the protege firm. 
(2) A program participation term, which shall not exceed five 
years and may be renewed upon its expiration for an additional 
term of not to exceed four years. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1609 
(3) Procedures for the mentor firm or protege firm to termi-
nate the agreement voluntarily and for the mentor firm to 
terminate the agreement for cause. 
(f) FORMS OF ASSISTANCE.—A mentor firm may provide a protege 
firm the following: 
(1) Assistance, by using mentor firm personnel, in— 
(A) general business management, including organiza-
tional management, financial management, and personnel 
management, marketing, business development, and over-
all business planning; 
(B) engineering and technical matters such as production, 
inventory control, and quality Eissurance; and 
(C) any other assistance designed to develop the capabili-
ties of the protege firm under the developmental program 
referred to in subsection (e). 
(2) Award of subcontracts on a noncompetitive basis to 
the protege firm under the Department of Defense or other 
contracts. 
(3) Payment of progress pajonents for performance of the 
protege firm under such a subcontract in amounts as provided 
for in the subcontract, but in no event may any such progress 
payment exceed 100 percent of the costs incurred by the protege 
firm for the performance. 
(4) Advance pa5ntnents under such subcontracts. 
(5) Loans. 
(6) Cash in exchange for an ownership interest in the protege 
firm, not to exceed 10 percent of the total ownership interest. 
(7) Assistance obtained by the mentor firm for the protege 
firm from one or more of the following— 
(A) small business development centers established 
pursuant to section 21 of the Small Business Act (15 U.S.C. 
648); 
(B) entities providing procurement technical assistance 
pursuant to chapter 142 of title 10, United States Code; or 
(C) a historically Black college or university or a minority 
institution of higher education. 
(g) INCENTIVES FOR MENTOR FIRMS.—(1) The Secretary of Defense 
shall provide to a mentor firm reimbursement for the total amount 
of any progress pajmient or advance payment made under the 
program by the mentor firm to a protege firm in connection with a 
Department of Defense contract awarded the mentor firm. 
(2) The Secretary of Defense shall provide to a mentor firm 
reimbursement for the costs of the assistance furnished to a protege 
firm pursuant to paragraphs (1) and (7) of subsection (f). The Sec-
retary shall ensure that provision for payment of reimbursements 
under this paragraph is made in a Department of Defense contract 
awarded to the mentor firm to provide products or services or in 
another contract entered into between the Secretary and the mentor 
firm providing for the reimbursement of costs incurred under the 
program. Any such contract shall specify the maximum amount of 
any reimbursement to be made under that contract. The Secretary 
and the mentor firm may provide in such contract for the allocation 
of the costs to any Department of Defense cost-reimbursement 
contracts awarded the mentor firm. 
(3XA) Costs incurred by a mentor firm in providing assistance to a Credit. 
protege firm that are not reimbursed pursuant to paragraph (2) may 
be recognized as credit in lieu of subcontract awards for purposes of 
Government 
contracts. 
39-194 O - 91 - 9 : QL 3 Part 3 
104 STAT. 1610 
PUBLIC LAW 101-510—NOV. 5, 1990 
determining whether the mentor firm attains a subcontracting 
participation goal appUcable to such mentor firm under a Depart-
ment of Defense contract or under a divisional or company-wide 
subcontracting plan negotiated with the Department of Defense or 
another Executive agency. 
(B) The amount of the credit given a mentor firm for any such 
unreimbursed costs shall be equal to— 
(i) four times the total amount of such costs attributable to 
assistance provided by entities described in subsection (fX7); 
(ii) three times the total amount of such costs attributable to 
assistance furnished by the mentor firm's employees; and 
(iii) two times the total amount of any other such costs. 
(C) Under regulations prescribed pursuant to subsection (k), the 
Secretary of Defense shall adjust the amount of credit given a 
mentor firm pursuant to subparagraphs (A) and (B) if the Secretary 
determines that the firm's performance regarding the award of 
subcontracts to disadvantaged small business concerns has declined 
without justifiable cause. 
(4) A mentor firm shall receive credit toward the attainment of a 
subcontracting participation goal applicable to such mentor firm for 
each subcontract for a product or service awarded under such 
contract by a mentor firm to a business concern that, except for its 
size, would be a small business concern owned and controlled by 
socially and economically disadvantaged individuals, but only i
f
— 
(A) the size of such business concern is not more than two 
times the maximum size specified by the Administrator of the 
Small Business Administration for purposes of determining 
whether a business concern furnishing such product or service 
is a small business concern; and 
(B) the business concern formerly had a mentor-protege agree-
ment with such mentor firm that was not terminated for cause. 
(h) NoNAFFiLiATiON TREATMENT.—For purposos of the Small Busi-
ness Act, a protege firm may not be considered an affiliate of a 
mentor firm solely on the basis that the protege firm is receiving 
assistance referred to in subsection (f) from such mentor firm under 
the program. 
(i) PARTICIPATION IN MENTOR-PROTEGE PROGRAM NOT TO BE A 
CONDITION FOR AWARD OF A CONTRACT OR SUBCONTRACT.—A mentor 
firm may not require a business concern to enter into an agreement 
with the mentor firm pursuant to subsection (e) as a condition for 
being awarded a contract by the mentor firm, including a sub-
contract under a contract awarded to the mentor firm. 
(j) DURATION OF PILOT PROGRAM.—(1) Business concerns eligible to 
participate in the program may enter into mentor-protege agree-
ments pursuant to subsection (e) during the period commencing on 
October 1,1991, and ending on September 30,1994. 
(2) A mentor firm may not incur costs furnishing developmental 
assistance to a protege firm that are eligible for reimbursement 
pursuant to subsection (g) prior to October 1, 1991, or after Septem-
ber 30,1996. 
(3) A mentor firm may receive credit toward the attainment of 
such firm's goals for subcontract awards to disadvantaged small 
business concerns for unreimbursed costs incurred in providing 
developmental assistance to the firm's protege firms, pursuant to 
subsection (gX3), for the period beginning October 1, 1991, and 
ending September 30,1999. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1611 
(k) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations to carry out the pilot Mentor-Protege Program. Such regula-
tions shall include the requirements set forth in section 8(d) of the 
Small Business Act (15 U.S.C. 673(d)). The Secretary shall publish 
the proposed regulations not later than the date 180 days after the 
date of the enactment of this Act. The Secretary shall promulgate 
the final regulations not later than the date 270 days after the date 
of the enactment of this Act. 
G) GENERAL ACCOUNTING OFFICE ASSESSMENT.—(1) The General 
Accounting Office shsdl evaluate the implementation of the Mentor-
Protege Program established pursuant to subsection (a) to determine 
whether the purposes of the program, as stated in subsection (b), 
have been attained. 
(2) A report of the evaluation conducted by the General Account-
ing Office pursuant to subsection (a) shall be furnished to the 
Committees on Armed Services and Small Business of the Senate 
and House of Representatives by February 1,1994. Such report shall 
cover the period October 1, 1991, through September 30, 1993. 
Recommendations shall be included regarding reauthorization of 
the program, and extending its application on a Government-wide 
basis. 
(3) An interim report shall be furnished to the Committees on Reports. 
Armed Services of the Senate and House of Representatives by 
March 30,1992. The interim report shall— 
(A) evaluate the regulatory implementation of the program by 
the Department of Defense; 
(B) assess initial participation by firms eligible to be mentor 
firms or protege firms; 
(C) identify deficiencies, if any, in the statutory or regulatory 
framework of the program likely to impair the success of the 
program; and 
(D) make recommendations to correct any implementational 
impediments identified. 
(m) DEFINITIONS.—In this section: 
(1) The term "small business concern" means a business 
concern that meets the requirements of section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)) and the regulations promulgated 
pursuant thereto. 
(2) The term "disadvantaged small business concern" means a 
small business concern owned and controlled by socially and 
economically disadvantaged individuals. 
(3) The term "small business concern owned and controlled by 
socially and economically disadvantaged individuals" has the 
meaning given such term in section 8(d)(3XC) of the Small 
Business Act (15 U.S.C. 637(dX3)(C)). 
(4) The term "historically Black college and university" 
means £iny of the historically Black colleges and universities 
referred to in section 1207(aX2) of the National Defense 
Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note). 
(5) The term "minority institution of higher education" 
means an institution of higher education with a student body 
that reflects the composition specified in section 312(b)(3), (4), 
and (5) of the Higher Education Act of 1965 (20 U.S.C. 105803) 
(3), (4), and (5)). 
(6) The term "subcontracting participation goal", with respect 
to a Department of Defense contract, means a goal for the 
extent of the participation by disadvantaged small business 
104 STAT. 1612 
PUBLIC LAW 101-510—NOV. 5, 1990 
Government 
contracts. 
Minority 
businesses. 
concerns in the subcontracts awarded under such contract, as 
established pursuant to section 1207 of the National Defense 
Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) and 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)). 
SEC. 832. ENHANCING PARTICIPATION OF HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS IN 
DEFENSE RESEARCH 
Section 1207 of the National Defense Authorization Act for Fiscal 
Year 1987 (10 U.S.C. 2301 note) is amended— 
(1) in subsection (a)— 
(A) by inserting "(1)" before "Except"; and 
(B) by redesignating clauses (1), (2), £ind (3) as clauses (A), 
(B), and (C), respectively; 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary of Defense shall establish a specific goal within 
the overall 5 percent goal for the award of prime contracts and 
subcontracts to historically Black colleges and universities and 
minority institutions in order to increase the participation of such 
colleges and universities in the program provided for by this sec-
tion. ; and 
(3) by striking out subsection (c) £uid inserting in lieu thereof 
the following new subsection (c): 
"(c) TYPES OF ASSISTANCE.—(1) To attain the goal specified in 
subsection (aXD, the Secretary of Defense shall provide technical 
assistance to the entities referred to in that subsection and, in the 
case of historicEdly Black colleges and universities and minority 
institutions, shall also provide infrastructure assistance. 
"(2) Technical assistance provided under this section shall 
include information about the program, advice about Department of 
Defense procurement procedures, instruction in preparation of 
proposals, and other such assistance as the Secretary considers 
appropriate. If the resources of the Department of Defense are 
inadequate to provide such assistance, the Secretary may enter into 
contracts with minority private sector entities with experience and 
expertise in the design, development, and delivery of technical 
assistance services to eligible individuals, business firms and institu-
tions, defense acquisition agencies, and defense prime contractors. 
Department of Defense contracts with such entities shall be 
awarded annually, based upon, among other things, the number of 
minority small business concerns, historically Black colleges and 
universities, and minority institutions that each such entity brings 
into the program. 
"(3) Infrastructure sissistance provided under this section to 
historically Black colleges and universities and to minority institu-
tions may include programs to: 
"(A) establish and enhance undergraduate, graduate, and 
doctoral programs in scientific disciplines critical to the na-
tional security functions of the Department of Defense; 
"(B) make Department of Defense personnel available to 
advise and assist faculty at such colleges and universities in the 
performance of defense research and in scientific disciplines 
critical to the national security functions of the Department of 
Defense; 
"(C) establish partnerships between defense laboratories and 
historically Black colleges and universities and minority institu-
tions for the purpose of training students in scientific disciplines 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1613 
critical to the national security functions of the Department of 
Defense; 
"(D) award scholarships, fellowships, and the establishment of 
cooperative work-education programs in scientific disciplines 
critical to the national security functions of the Department of 
Defense; 
"(E) attract and retain faculty involved in scientific dis-
ciplines critical to the national security functions of the Depart-
ment of Defense; 
"(F) equip and renovate laboratories for the performance of 
defense research; 
"(G) expand and equip Reserve Officer Training Corps activi-
ties devoted to scientific disciplines critical to the national 
security functions of the Department of Defense; and 
"(H) provide other assistance as the Secretary determines 
appropriate to strengthen scientific disciplines critical to the 
national security functions of the Department of Defense or the 
college infrastructure to support the performance of defense 
research. 
"(4) The Secretary shall, to the maximum extent practical, carry 
out programs under this section at colleges, universities, and institu-
tions that agree to bear a substantial portion of the cost associated 
with the programs.". 
SEC. 833. EQUAL EMPLOYMENT OPPORTUNITIES RELATING TO AN ARMY 
CONTRACT 
(a) LIMITATION.—Funds appropriated for procurement of aircreift 
for the Army for fiscal year 1991 may not be obligated for the 
procurement of C-23 Sherpa aircraft unless the Secretary of the 
Army secures a commitment from the contractor that it will support 
equal emplojrment opportunities in its emplo3mient practices for all 
individuals irrespective of race, color, religion, sex, or national 
origin. 
(b) REPORT.—The Secretary of the Army shall require any contrac-
tor under contract with the Army for procurement of C-23 Sherpa 
aircraft to submit to the Secretary, not later than April 1, 1991, a 
report on the contractor's compliance with the commitment regard-
ing recruitment and subcontracting agreements secured by the 
Secretary under subsection (a). 
SEC. 834. EVALUATION OF CONTRACTS FOR PROFESSIONAL AND TECH-
NICAL SERVICES 
(a) IN GENERAL.—(1) Chapter 137 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§2331. Contracts for professional and technical services 
"(a) IN GENERAL.—The Secretary of Defense shall prescribe regu- Regulations. 
lations to ensure, to the maximum extent practicable, that profes-
sional and technical services are acquired on the basis of the task to 
be performed rather than on the basis of the number of hours of 
services provided. 
"(b) CONTENT OF REGULATIONS.—With respect to contracts to ac-
quire services on the basis of the number of hours of services 
provided, the regulations described in subsection (a) shall— 
"(1) include standards and approval procedures to minimize 
the use of such contracts; 
104 STAT. 1614 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(2) establish criteria to ensure that proposals for contracts 
for technical and professional services are evaluated on a basis 
which does not encourage contractors to propose uncompen-
sated overtime; 
"(3) ensure appropriate emphasis on technical and quality 
factors in the source selection process; 
"(4) require identification of any hours in excess of 40-hour 
weeks included in a proposal; 
"(5) ensure that offerors are notified that proposals which 
include unrealistically low labor rates or which do not other-
wise demonstrate cost realism will be considered in a risk 
assessment and evaluated appropriately; and 
"(6) provide guidance to contracting officers to ensure that 
any use of uncompensated overtime will not degrade the level of 
technical expertise required to perform the contract. 
"(c) WAIVER OF TASK ORDER LIMITATION.—(1) The Secretary of 
Defense may waive the limitation in section 2304(jX4) of this title on 
the total value of task orders on a case-by-case basis for specific 
contracting activities to the extent the Secretary considers nec-
essary the use of master agreements in order to further the policy 
set forth in subsection (a) of this section. 
"(2) During any fiscal year, such a waiver may not increase the 
total value of task orders under master agreements of a contracting 
activity by more than 20 percent of the value of all contracts for 
advisory and assistance services awarded by that contracting activ-
ity during fiscal year 1989. 
Federal 
"(3) Such a waiver shall not become effective until 60 days after 
Register, 
^he Secretary of Defense has published notice thereof in the Federal 
publication. 
Register.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2330 the 
following new item: 
"2331. Contracts for professional and technical services.". 
10 use 2331 
(b) REGULATIONS.—Not later than 180 days after the date of the 
"°*® 
enactment of this Act, the Secretary of Defense shall publish for 
public comment new regulations to carry out the requirements in 
this section. The Secretary shall promulgate final regulations to 
carry out such requirements not later than 270 days after the date 
of the enactment of this Act. 
SEC. 835. REQUIREMENT TO USE DOMESTICALLY MANUFACTURED CAR-
BONYL IRON POWDERS 
(a) LIMITATION.—Section 2507 of title 10, United States C!ode, is 
amended by adding at the end the following new subsection: 
"(e) CARBONYL IRON POWDERS.—(1) The Secretary of Defense shall 
require that only domestically manufactured carbonyl iron powders 
may be used in a system or item procured by or provided to the 
Department of Defense. 
"(2) The Secretary of Defense may waive the restriction required 
by paragraph (1) if the Secretary certifies that such a restriction is 
not in the national interest. 
"(3) After September 30, 1994, the Secretary may terminate the 
restriction required under paragraph (1) if the Secretary determines 
that continuing the restriction is not in the national interest. 
"(4) In this subsection: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1615 
"(A) The term 'domestically manufactured' means manufac-
tured in a facility located in the United States or Canada by an 
entity more than 50 percent of which is owned or controlled by 
citizens of the United States or Canada. 
"(B) The term 'carbonyl iron powders' means powders or 
particles produced from the thermal decomposition of iron 
penta carbonyl.". 
Qo) EFFECTIVE DATE.—Section 2507(e) of title 10, United States 
(Uode, as added by subsection (a), shall apply with respect to systems 
or items procured by or provided to the Department of Defense after 
the date of the enactment of this Act. 
SEC. 836. REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON 
FINDING OF FRAUD 
(a) IN GENERAL.—Section 2307 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
"(f)(1) In any case in which the remedy coordination official of an 
agency finds that there is substantial evidence that the request of a 
contractor for advance, partial, or progress pa3maent under a con-
tract awarded by that agency is based on fraud, the remedy co-
ordination official shsdl recommend that the head of the agency 
reduce or suspend further payments to such contractor. 
"(2) The head of an agency receiving a recommendation under 
paragraph (1) in the case of a contractor's request for pajonent 
under a contract shall determine whether there is substantial evi-
dence that the request is based on fraud. Upon making such a 
determination, the gigency head may reduce or suspend further 
pavments to the contractor under such contract. 
(3) The extent of any reduction or suspension of payments by the 
head of an agency under paragraph (2) on the basis of fraud shall be 
reasonably commensurate with the anticipated loss to the United 
States resulting from the fraud. 
"(4) A written justification for each decision of the head of an 
agency whether to reduce or suspend payments under paragraph (2) 
and for each recommendation received by such agency head in 
connection with such decision shall be prepared and be retained in 
the files of such agency. 
"(5) The head of an agency shall prescribe procedures to ensure 
that, before such agency head decides to reduce or suspend pay-
ments in the case of a contractor under paragraph (2), the contractor 
is afforded notice of the proposed reduction or suspension and an 
opportunity to submit matters to the head of the agency in response 
to such proposed reduction or suspension. 
"(6) Not later than 180 days after the date on which the head of an 
agency reduces or suspends pajnnents to a contractor under para-
graph (2), the remedy coordination official of such agency shall— 
"(A) review the determination of fraud on which the 
reduction or suspension is based; and 
"(B) treinsmit a recommendation to the head of such agency 
whether the suspension or reduction should continue. 
"(7) The head of an agency shall prepare for each year a report 
containing the recommendations made by the remedy coordination 
official of that agency to reduce or suspend payments under para-
graph (2), the actions taken on the recommendations and the rea-
sons for such actions, and an assessment of the effects of such 
actions on the Federal Government. The Secretary of each military 
department shall transmit the annual report of such department to 
10 use 2507 
note. 
Reports. 
104 STAT. 1616 
PUBLIC LAW 101-510—NOV. 5, 1990 
the Secretary of Defense. Each such report shall be available to any 
member of Congress upon request. 
"(8) This subsection applies to the agencies named in paragraphs 
(1), (2), (3), and (4) of section 2303(a) of this title. 
"(9) The head of an agency may not delegate responsibilities under 
this subsection to any person in a position below level IV of the 
Executive Schedule. 
"(10) In this subsection, the term 'remedy coordination official', 
with respect to an agency, means the person or entity in that agency 
who coordinates within that agency the administration of criminal, 
civil, administrative, and contractual remedies resulting from inves-
tigations of fraud or corruption related to procurement activities.". 
(b) INFORMATION FROM CONTRACTOR.—Subsection (eXD of such 
section is amended by adding at the end the following new sentence: 
"The contractor shall provide such information and evidence as the 
Secretary of Defense determines necessary to permit the Secretary 
to carry out the preceding sentence.". 
10 use 2307 
(c) EFFECTIVE DATE.—Section 2307(f) of title 10, United States 
note. 
Code, and the second sentence of section 2307(eXl) of such title, as 
added by subsections (a) and (b), shall apply with respect to contracts 
entered into after the expiration of the 180-day period beginning on 
the date of the enactment of this Act. 
SEC. 837. DEFENSE CONTRACTOR REQUIREMENTS WITH RESPECT TO 
EMPLOYEES WHO COMMUNICATE WITH GOVERNMENT OFFI-
CIALS 
(a) DEFENSE (DONTRACTOR REQUIREMENT.—(1) Chapter 141 of title 
10, United States Code, is amended by inserting after section 2409 
the following new section: 
"§ 2409a. Communicating with Government ofHcials: defense con-
tractor requirement to prohibit retaliatory personnel 
actions 
"(a) REGULATIONS.—(1) The Secretary shall promulgate regula-
tions contedning the requirements described in subsections (b), (c), 
and (d) and such other provisions as the Secretary considers nec-
essary to administer such requirements. Such regulations shall 
require that each contract described in paragraph (2) contain a 
clause requiring the contractor to comply with such regulations. 
"(2) The regulations shall apply to each contract entered into by a 
contractor and the Department of Defense for an amount greater 
than $500,000, except that the regulations shall not apply to any 
contract in which the price is based solely on established catalog or 
market prices of commercial items sold in substantial quantities to 
the genergJ public. 
"(b) PROHIBITION.—The regulations promulgated under this sec-
tion shall prohibit a defense contractor from discharging or other-
wise discriminating against any employee with respect to such 
employee's compensation or terms and conditions of employment 
because the employee (or any person acting pursuant to a request of 
the employee) discloses to an appropriate Government official 
information concerning a contract between the defense contractor 
and the Department of Defense which the employee reasonably 
believes evidences a violation of any Federal law or regulation 
relating to Department of Defense procurement or the subject 
matter of the contract. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1617 
"(c) COMPLAINT AND INVESTIGATION.—The regulations promul-
gated under this section shall include the following provisions: 
"(1) Any employee of a defense contractor who believes that 
he or she has been discharged or otherwise discriminated 
against by the defense contractor in violation of regulations 
promulgated under subsection (b) may file with the Secretary a 
complaint alleging such discharge or discrimination. Any such 
complaint may not be filed more than 180 days after the later of 
the date on which the violation is alleged to have occurred or 
was discovered. 
"(2) A complaint filed under paragraph (1) must contain a 
certification, signed by the complainant, which states specifi-
cally the nature of the alleged discriminatory act and of the 
disclosure giving rise to such act. The certification must also 
contain one of the following statements: 
"(A) All attempts at resolution through an internal com-
pany grievance procedure have been exhausted. 
"(B) The company grievance procedure was not used 
because the complainant reasonably believed it to be 
ineffectual or to expose the complainant to employer repris-
als. 
"(C) The company has no company grievance procedure. 
"(3) Upon receipt of a complaint filed under paragraph (1), the 
Secretary shall serve notice of the complaint on the defense 
contractor named in the complaint and the head of the agency 
which entered into the contract. 
"(4XA) Upon receipt of a complaint filed under paragraph (1), 
the Secretary shall conduct an initial investigation to determine 
whether the complaint is frivolous or merits further investiga-
tion. As part of such initial investigation, the Secretary shall 
find out whether the employee £ind the defense contractor have 
attempted to resolve the dispute. If the Secretary determines 
that the complaint merits further investigation, the Secretary 
shall, except as provided in subparagraph (B), complete an 
investigation of the complaint within 90 days after receipt of the 
complaint. 
"(B) If the Secretary determines that it is not possible to 
complete an investigation of a complaint within the 90-day 
period prescribed in subparagraph (A), the Secretary shall 
notify the employee of the reasons why the investigation cannot 
be completed within such time period and of the date when the 
investigation will be completed. The Secretary also may defer 
action on a complaint at any time with the consent of the 
complainant and the defense contractor. 
"(C) Not later than 30 days after an investigation is com- Reports. 
pleted, the Secretary of Defense shall provide a written report 
of the results of the investigation to the complainant, any 
person acting on behalf of the complsiinant, and the defense 
contractor alleged to have committed the violation. 
"(D) Within 90 days after providing a report of the results of 
an investigation of a complaint, the Secretary shall issue an 
order providing the relief prescribed in paragraph (5) or denying 
the complaint, unless the proceeding on the complaint is termi-
nated by the Secretary on the basis of a settlement agreement 
entered into by the Secretary and the defense contractor alleged 
to have committed such violation. 
104 STAT. 1618 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(E) An order of the Secretary under this section shall be 
made on the record after notice and opportunity for an agency 
hearing. In issuing an order, the Secretary shall follow proce-
dures that are as informal as practicable, consistent with prin-
ciples of fundamental fairness. At a minimum, the Secretary 
shall afford the complainant and the defense contractor an 
opportunity to submit in writing information and arguments in 
opposition to the conclusion of the report of the results of the 
investigation. 
"(F) The Secretary may not enter into a settlement agreement 
terminating a proceeding on a complaint without the participa-
tion and consent of the complainant. 
"(5) If, in response to a complaint filed under paragraph (1), the 
Secretary determines that a violation of regulations promulgated 
under subsection (b) has occurred, the Secretary may issue, sepa-
rately or in combination, any of the following: 
"(A) An order that the defense contractor who committed 
such violation take affirmative action to abate the violation. 
"(B) An order that such contractor reinstate the complainant 
to the position held by such individual when discharged, 
together with the compensation (including back pay), employ-
ment benefits, and other terms and conditions of his or her 
employment. 
"(C) An assessment against such contractor (at the request of 
the complainant) of a sum equal to the aggregate amount of all 
costs and expenses (including attorneys fees and expert wit-
nesses' fees) reasonably incurred by the complainant for, or in 
connection with, bringing the complaint on which the order was 
issued, £is determined by the Secretary. 
"(6) In determining whether a violation of regulations promul-
gated under subsection (b) has occurred, the Secretary shall use the 
standard of proof that is used by the Merit Systems Protection 
Board in proceedings under section 1221 of title 5, as described in 
paragraphs (1) and (2) of section 1221(e) of that title. 
"(d) REVIEW AND ENFORCEMENT.—(D Any person adversely af-
fected or aggrieved by an order issued under subsection (cX5XB) may 
obtain review of the order's conformance with this section and the 
regulations promulgated under this section in the United States 
court of appeals for the circuit in which the violation alleged in the 
order occurred. No petition seeking such review may be filed more 
than 60 days after issuance of the Secretary's order. Review shall 
conform to chapter 7 of title 5. 
"(2) An order of the Secretary with respect to which review could 
have been obtained under paragraph (1) shall not be subject to 
judicial review in any criminal or other civil proceeding. 
"(3) Whenever a person has failed to comply with an order issued 
under subsection (cX5XB), the Secretary shall file an action for 
enforcement of such order in the United States district court for the 
district in which the violation was found to have occurred. In any 
action brought under this subsection, the court may grant appro-
priate relief, including injunctive relief, and compensatory and 
exemplary damages. 
"(4) Any nondiscretionary duty imposed by the regulations under 
this section shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'appropriate Government official' includes— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1619 
"(A) an officer or employee of the Department of Defense 
responsible for command, direct staff assistance to a com-
mander, contract administrator, program management, 
audit, inspection, investigation, or enforcement of any law 
or regulation relating to Government procurement or the 
subject matter of the contract; 
"(B) a Member of Congress or an officer or employee of 
Congress, the General Accounting Office, the Congressional 
Budget Office, or the Office of Technology Assessment; and 
"(C) any other officer or employee of the United States 
whose duties include the investigation or enforcement of 
any law, rule, or regulation relating to Grovemment 
procurement or the subject matter of the contract. 
"(2) The term 'defense contractor' means any employer 
providing goods or services, under contract, to the Department 
of Defense. 
"(3) The term 'Secretary' means the Secretary of Defense. 
"(4) The term 'information concerning a contract' means, 
with respect to a contract with the Department of Defense, 
information about cost, price, compliance with specifications, 
meeting the user's requirements, user safety, use or disposition 
of services, real property or personal property acquired under 
the contract, the procurement process (including competition, 
negotiation, award, and administration), and relationships with 
Government personnel, competitors, or subcontractors.". 
(2) The table of sections at the beginning of chapter 141 of such 
title is amended by inserting after the item relating to section 2409 
the following new item: 
"2409a. Communicating with Government officifds: defense contractor requirement 
to prohibit retaliatory personnel actions.". 
03) EFFECTIVE DATE.—Section 2409a of title 10, United States Code, lO use 2409a 
as added by subsection (a), shall apply to contracts entered into "°*® 
during the period beginning on the date which is 180 days after the 
date of the enactment of this Act. Such section shall cease to be in 
effect on the date which is 4 years after such date of enactment. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 
AND MANAGEMENT MATTERS 
PAKT A—GENERAL MANAGEMENT MATTERS 
SEC. 901. NATIONAL MILITARY STRATEGY REPORTS 
10 USC 113 note. 
(a) REPORTS BY THE SECRETARY OF DEFENSE.—(1) The Secretary of 
Defense shall submit to Congress a national military strategy report 
during each of fiscal years 1992, 1993, and 1994. Each such report 
shall be submitted with the Secretary's annual report to Congress 
for that year under section 113(j) of title 10, United States Code. 
(b) MATTERS TO BE COVERED IN REPORTS.—Each such report shall 
cover a period of at least ten years and shall address the following: 
(1) The threats facing the United States and its allies. 
(2) The degree to which military forces can contribute to the 
achievement of national objectives. 
(3) The strategic military plan for appl3dng those forces to the 
achievement of national objectives. 
(4) The risk to the national security of the United States and 
its allies that ensues. 
104 STAT. 1620 
PUBLIC LAW 101-510—NOV. 5, 1990 
(5) The organization and structure of military forces to imple-
ment the strategy. 
(6) The broad mission areas for various components of the 
forces and the broad support requirements to implement the 
strategy. 
(7) TTie functions for which each military department should 
organize, train, and equip forces for the combatant commands 
responsible for implementing the strategy. 
(8) The priorities assigned to major weapons and equipment 
acquisitions and to research and development progrgmis in order 
to fill the needs and eliminate deficiencies of the combatant 
commands. 
(c) RELATIONSHIP OF PLANS TO BUDGET.—The strategic military 
plans and other matters covered by each report shall be fiscally 
constrained and shall relate to the current Department of Defense 
Multiyear Defense Plan and resource levels projected by the Sec-
retary of Defense to be available over the period covered by the 
report. 
(d) EFFECTS OF ALTERNATIVE BUDGET LEVELS.—Each such report 
shall also include an assessment of the effect on the risk and the 
other components of subsection (b) in the event that (1) an additional 
$50,000,000,000 is available in budget authority in the fiscal year 
which is addressed by the budget request that the report accom-
panies, and (2) budget authority for that fiscal year is reduced by 
$50,000,000,000. For these assessments the Secretary of Defense 
shall make appropriate assumptions about the funds available for 
the remainder of the period covered by the report. 
(e) ROLE OF CHAIRMAN OF JOINT CHIEFS OF STAFF.—In accordance 
with his role as principal military adviser to the Secretary of 
Defense, the Chairman of the Joint Chiefs of Staiff shall participate 
fully in the development of each such report. The Secretary of 
Defense shall provide the Chairman such additional guidance as is 
necessary to enable the Chairman to develop and recommend fis-
cally constrained strategic plans for the Secretary's consideration in 
accordance with section 153(aX2) of title 10, United States Code. In 
accordance with additional responsibilities of the Chairmem set out 
in section 153, the Chairman shall provide recommendations to the 
Secretary on the other components of paragraph (2), 
(f) CLASSIFICATION OF REPORTS.—The reports submitted to Con-
gress under subsection (a) shall be submitted in both classified and 
(to the extent practicable) unclassified versions. 
SEC. 902. JOINT STAFF 
Section 155 of title 10, United States Code, is amended by striking 
out subsection (g) and redesignating subsection (h) as subsection (g). 
10 use 3074 
SEC. 903. ARMY RESERVE COMMAND 
(a) EJSTABUSHMENT OF COMMAND.—The Secretary of the Army, 
with the advice and assistance of the Chief of Staff of the Army, 
shall establish a United States Army Reserve Command under the 
command of the Chief of Army Reserve. The Army Reserve Com-
mand shall be a major subordinate command of Forces Command. 
(b) ASSIGNMENT OF FORCES.—The Secretary of the Army— 
(1) shall assign all forces of the Army Reserve in the continen-
tal United States to the Army Reserve Command; and 
(2) except as otherwise directed by the Secretary of Defense in 
the case of forces assigned to carry out functions of the Sec-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1621 
retary of the Army specified in section 3013 of title 10, United 
States Code, shall assign all such forces of the Army Reserve to 
the Commander-in-Chief, Forces Command. 
(c) TEST PERIOD.—The establishment of the Army Reserve Com-
mand shall be for a test period ending two years after the date of the 
enactment of this Act. 
(d) REPORTS BY SECRETARY OF THE ARMY.—The Secretary of the 
Army, during the test period under subsection (c), shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a semiannual report on the United States Army 
Reserve Command. Each such report shall explain— 
(1) command arrangements; 
(2) responsibility for base operations support; 
(3) personnel, logistics, and resource management; and 
(4) engineering and information management support. 
(e) REVIEW BY AN INDEPENDENT COMMISSION.—The Secretary of 
Establishment. 
the Army shall establish an independent commission to assist the 
Secretary in assessing the progress and effectiveness of the United 
States Army Reserve Command after it has been in existence for a 
period of one year. 
SEC. 904. SECURITY INVESTIGATIONS 
(a) SECURITY INVESTIGATIONS.—Subchapter I of chapter 134 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
"§ 2244. Security investigations 
"(a) Funds appropriated to the Department of Defense may not be 
used for the conduct of an investigation by the Department of 
Defense, or by any other Federal department or agency, for purposes 
of determining whether to grant a security clearance to an individ-
ual or a facility unless the Secretary of Defense determines both of 
the following: 
"(1) That a current, complete investigation file is not avail-
able from any other department or agency of the Federal 
government with respect to that individual or facility. 
"(2) That no other department or agency of the Federal 
government is conducting an investigation with respect to that 
individual or facility that could be used as the basis for deter-
mining whether to grant the security clearance. 
"(\i) For purposes of subsection (aXl), a current investigation file is 
a file on an investigation that has been conducted within the past 
five years.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such subchapter is amended by adding at the end the following 
new item: 
"2244. Security investigations.". 
SEC. 905. TWENTY PERCENT REDUCTION IN DEFENSE ACQUISITION 
10 USC 1721 
WORKFORCE 
"
0
<
^
e 
(a) REDUCTION REQUIRED.—The Secretary of Defense shall take 
such action as is necessary to reduce the number of employees in the 
Department of Defense acquisition workforce on the last day of each 
of fiscal years 1991 through 1995 below the number of employees in 
such workforce on the last day of the preceding fiscal year by not 
, 
104 STAT. 1622 
PUBLIC LAW 101-510—NOV. 5, 1990 
less than the number equal to 4 percent of the number of the 
employees in such workforce on September 30,1990. 
(b) DEFINITION.—In this section, the term "Department of Defense 
acquisition workforce" means all positions included in the descrip-
tion of the acquisition workforce in Appendix A of "Defense 
Management", a report of the Secretary of Defense to the President, 
dated July 1989. 
SEC. 906. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEAD-
QUARTERS 
ACTIVITIES 
AND 
HEADQUARTERS SUPPORT 
ACTIVITIES 
(a) REDUCTION REQUIRED.—The Secretary of Defense shall take 
such action as is necessary to reduce the number of members of the 
Armed Forces and civilian employees who are assigned or detailed 
to duty in the management headquarters activities and head-
quarters support activities of the Department of Defense on the last 
day of each of the fiscal years 1991 through 1995 below the number 
of such personnel assigned or detailed to such duty on the last day of 
the preceding fiscal year by not less than the number equal to 4 
percent of the number of such personnel assigned or detailed to such 
duty on September 30,1990. 
(b) DEFINITION.—For purposes of this section, the terms "manage-
ment headquarters activities" and "headquarters support activities" 
have the meaning given those terms in Department of Defense 
Directive 5100.73, entitled "Department of Defense Management 
Headquarters and Headquarters Support Activities" dated Novem-
ber 25,1988. 
50 u s e 401 note. 
SEC. 907. INTELLIGENCE PRIORITIES AND REORGANIZATION 
(a) REVISION OF PRIORITIES AND CONSOUDATION OF FUNCTIONS.— 
The Secretary of Defense, together with the Director of Central 
Intelligence, shall conduct a joint review of all intelligence and 
intelligence-related activities in the Tactical Intelligence and Re-
lated Activities (TIARA) programs and the National Foreign Intel-
ligence Program (NFIP). The Secretary, together with the Director, 
shall take the following actions with respect to those activities: 
(1) In cases in which redundancy or fragmentation exist, 
consolidate functions, programs, orgEinizations, and operations 
to improve the efficiency and effectiveness of the conduct of 
those intelligence activities or programs. 
(2) Revise intelligence collection and analysis priorities and 
resource allocations to reflect changes in the international secu-
rity environment. 
(3) Strengthen joint intelligence functions, operations, and 
organizations. 
(4) Improve the quality and independence of intelligence sup-
port to the weapons acquisition process. 
(5) Improve the responsiveness and utility of national intel-
ligence systems gmd organizations to the needs of the combatant 
commanders. 
(b) PERSONNEL REDUCTIONS.—(1) The number of personnel as-
signed or detailed to the National Foreign Intelligence Program and 
related Tactical Intelligence and Related Activities programs shall 
be reduced by not less than 5 percent of the number of such 
personnel described in paragraph (2) during each of fiscal years 1992 
through 1996. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1623 
(2) The number of personnel referred to in paragraph (1) is the 
number of personnel assigned or detailed to such programs on 
September 30,1990. 
SEC. 908. ADDITIONAL FUNDING FOR UNIFIED AND SPECIFIED COMBAT-
ANT COMMANDS FOR FISCAL YEAR 1991 
(a) CINC INITIATIVE FUND.—There is established for fiscal year 
1991 a separate budget account to be managed by the Chairman of 
the Joint Chiefs of Staff. The Chairman may use the account to 
provide funds, upon request, to the commanders of the unified and 
specified combatgint commands and the Commander, United States 
Element, North American Aerospace Defense Command. Such funds 
shall be provided, as specified by the Chairman, for any of the 
activities named in subsection (b). 
OJ) Permissible Activities.—(1) Activities for which funds may be 
made provided under subsection (a) are the following: 
(A) Force training. 
(B) Contingencies. 
(C) Selected operations. 
(D) Command and control. 
(E) Joint exercises. 
(F) Humanitarian and civic assistance. 
(G) Military education and training to military and related 
civilian personnel of foreign countries. 
(H) Personnel expenses of defense personnel for bilateral or 
regional cooperation programs. 
(2) The Chairman of the Joint Chiefs of Staff, in considering 
requests for funds under this section, should give priority consider-
ation to requests for funds to be used for activities which would 
enhance the warfighting capability, readiness, and sustainability of 
the forces assigned to the commander requesting the funds. 
(c) AMOUNT AND SOURCE OF FUNDS.—(1) Of the amount authorized 
to be appropriated pursuant to section 301(a) for the Defense Agen-
cies, $35,000,000 shall be made available by the Secretary of Defense 
for the account established in subsection (a). 
(2) Any amount provided by the Chairman out of the account 
established under subsection (a) for an activity referred to in subsec-
tion G)) shall be in addition to amounts otherwise available for that 
activity for fiscal year 1991. 
(d) LIMITATIONS.—(1) Not more than $7,000,000 of the funds pro-
vided from that account may be used to purchase items with a unit 
cost in excess of $15,000. 
(2) Funds may not be provided under this section for any activity 
that has been denied authorization by Congress. 
SEC. 909. STUDY AND PLAN REGARDING MOBILITY REQUIREMENTS 
(a) STUDY AND PLAN REQUIRED.—The Secretary of Defense, with 
the advice £uid assistance of the Chairman of the Joint Chiefs of 
Staff, shall conduct a study to determine mobility requirements for 
the Armed Forces and shall develop an integrated plan to meet 
those requirements. 
Qy) REPORTS REQUIRED.—(1) The Secretary shall submit to the 
congressional defense committees two reports regarding the study 
required by subsection (a). 
(2) The first report shall cover intertheater requirements, shall 
contain a copy of the integrated plan regarding such requirements, 
and shall be submitted not later than March 29,1991. 
104 STAT. 1624 
PUBLIC LAW 101-510—NOV. 5, 1990 
(3) The second report shall cover intratheater requirements, sur-
face requirements, and requirements for mobility within the con-
tinental United States, shall contain a copy of the integrated plan 
regarding such requirements, and shall be submitted not later than 
June 28,1991. 
(c) FORMAT AND CONTENT OF REPORTS.—(1) Each report shall be in 
the same format as the report submitted to Congress under section 
20303) of the Department of Defense Authorization Act, 1981 (Public 
Law 96-342; 94 Stat. 1080), and shall cover (in addition to the 
matters specified in paragraphs (2) and (3)) the same matters re-
quired under such section and the Joint Explanatory Statement of 
the Committee of Conference relating to such Act, as set out in 
Senate Report 96-895, 96th Congress, second session. 
(2) The two reports together shall include an analysis of the total 
mix of airlift, sealift, amphibious lift, surface transportation, and 
prepositioned war material (both at sea and on land) necessary for 
the United States to respond to contingent threats against the 
national security interests of the United States during the remain-
der of the current decade and beyond. The analysis of prepositioned 
war material should identify where such material should be located. 
The analysis may not be limited to consideration of a single require-
ment for lift and material based upon the most demanding case, but 
shall include an assessment of a range of requirements for lift and 
materisd based upon various military contingencies and scenarios. 
The Operation Just Cause and Operation Desert Shield deplojonents 
shall be included among the scenarios examined. The analysis shall 
also include— 
(A) an Eissessment of both intratheater and intertheater lift 
requirements; and 
(B) an assessment of the total requirements for mobility, 
including support equipment and the equipment necessary for 
strategic mobility at unimproved ports, airfields, and other 
facilities. 
(3) The two reports together shall also include the following: 
(A) An Eissessment of how the total mix of mobility and 
prepositioning requirements has been affected by changing cir-
cumstances in Europe and elsewhere, including— 
(i) an increase in the opportunities to detect any planned 
attack by the Soviet Union; 
(ii) an increase in the time likely to be available to 
prepare for such an attack after detection; 
(iii) a reduced level of Soviet threat to the national 
security interests of the United States; 
(iv) the decreasing level of Armed Forces personnel de-
ployed overseas; 
(v) the changing threat in Northeast Asia; and 
(vi) the changing threat in Southwest Asia. 
(B) An assessment of how such requirements are being af-
fected by the changing need for power projection capability in 
low-intensity and medium-intensity conflicts. 
(C) An assessment of how such requirements would be af-
fected by the loss of United States military bases, and the loss of 
access to other military bases, in such overseas locations as the 
Philippines. 
(D) An assessment of how the reduced reliance expected to be 
placed by the Armed Forces on ^ATO and other allied shipping 
and military bases for employment of the Armed Forces unilat-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1625 
erally in contingent actions affects the requirements for airlift, 
sealift, amphibious lift, and prepositioned war material. 
(E) An assessment of whether increased dependence should be 
placed upon sealift capabilities in view of the factors assessed 
pursuant to subparagraphs (A) through (D) and the potential 
benefits of sealift vessels which might be developed that would 
be faster than the sealift vessels currently available from 
commercial sources. 
(F) A discussion of initiatives that can be undertaken to 
reduce the time required to move forces and material from 
home bases to combat areas, including measures that can be 
undertaken to reduce (i) the time necessary for loading and 
unloading personnel and equipment at airports and seaports, (ii) 
the time necessary for moving ground forces to airports and 
seaports, and (iii) the delivery times from points of debarkation 
to final destinations. 
SEC. 910. ELIMINATION OF STATUTORY POSITION OF CHIEF OF NAVAL 
RESEARCH 
(a) REPEAL.—Section 5021 of title 10, United States Code, is 
repealed. 
(h) CONFORMING AND CLERICAL AMENDMENTS.—(1) Section 5022 of 
such title is amended— 
(A) by redesignating subsections (a), Qj) and (c) as subsections 
OJ), (C) and (d), respectively; and 
(B) by inserting after the section heading the following new 
subsection (a): 
"(a) There is in the Office of the Secretary of the Navy an Office of 
Naval Research.". 
(2) The table of sections at the beginning of chapter 503 of such 
title is amended by striking out the item relating to section 5021. 
PART B—PROFESSIONAL MILITARY EDUCATION 
SEC. 911. PREPARATION OF BUDGET REQUESTS FOR OPERATION OF 
PROFESSIONAL MILITARY EDUCATION SCHOOLS 
(a) UNIFORM BUDGET REQUESTS.—Chapter 108 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 2162. Preparation of budget requests for operation of profes-
sional military education schools 
"(a) UNIFORM COST ACCOUNTING.—The Secretary of Defense, with 
the advice and assistance of the Chairman of the Joint Chiefs of 
Staff, shall promulgate a uniform cost accounting system for use by 
the Secretaries of the military departments in preparing budget 
requests for the operation of professional military education schools, 
(b) PREPARATION OF BUDGET REQUESTS.—(1) Amounts requested 
for a fiscal year for the operation of each professional military 
education school shall be set forth as a separate budget request in 
the materials submitted by the Secretary of Defense to Congress in 
support of the budget request for the Department of Defense. 
'(2) The Secretary of a military department preparing a budget 
request for a professional military education school shall carefully 
consider the views of the Chairman of the Joint Chiefs of Staff, 
particularly with respect to the amount of the request for the 
operation of the schools of the National Defense University and the 
104 STAT. 1626 
PUBLIC LAW 101-510—NOV. 5, 1990 
joint professional military education curricula of the other profes-
sional military education schools. 
"(c) COMPARISON OF BuDGET REQUESTS.—Materials prepared in 
support of the budget request for a professional military education 
school shall describe whether the amount requested for that school 
is comparable to the amounts requested for other professional mili-
tary education schools, taking into consideration the size and activi-
ties of the schools. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 
'professional military education school' 
means— 
"(A) the National Defense University; 
"(B) the Army War Ck)llege; 
"(C) the College of Naval Warfare; 
"(D) the Air War College; 
"(E) the United States Army Command and General Staff 
College; 
"(F) the College of Naval Command and Staff; 
"(G) the Air Command and Staff College; or 
"(H) the Marine Corps Command and Staff C!ollege. 
"(2) The term 'National Defense University' means the Na-
tional War College, the Armed Forces Staff C!ollege, and the 
Industrial College of the Armed Forces.", 
(b) CLERICAL AMENDMENTS.—(1) The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2162. Preparation of budget requests for operation of professional military educa-
tion schools.". 
(2) The heading of such chapter is amended to read as follows: 
"CHAPTER 108—DEPARTMENT OF DEFENSE 
SCHOOLS". 
(3) The items relating to such chapter in the table of chapters at 
the beginning of subtitle A, and at the beginning of part III of 
subtitle A, of title 10, United States Code, are amended to read as 
follows: 
"108. Department of Defense Schools". 
10 u s e 2162 
(b) A P P U C A T I O N OF AMENDMENT.—Section 2162 of title 10, United 
"°*®- 
States Code, as added by subsection (a), shall apply with respect to 
fiscal years after fiscal year 1991. 
SEC. 912. AUTHORITY OF NAVAL WAR COLLEGE TO CONFER DEGREE OF 
MASTER OF ARTS IN NATIONAL SECURITY AND STRATEGIC 
STUDIES 
(a) AUTHORITY.—Part III of subtitle C of title 10, United States 
Code, is amended by adding at the end the following new chapter: 
"CHAPTER 609—PROFESSIONAL MILITARY 
EDUCATION SCHOOLS 
"Sec. 
"7101. Naval War Collie: master of arts in national security and strategic studies. 
PUBLIC LAW 101-510—NOV. 5,1990 
104 STAT. 1627 
"§ 7101. Naval War College: master of arts in national security and 
strategic studies 
"(a) AUTHORITY.—Upon the recommendation of the faculty of the 
Naval War College, the President of the college may confer the 
degree of master of arts in national security and strategic studies 
upon graduates of the college who fulfill the requirements for the 
degree. 
"(b) REGULATIONS.—The authority provided by subsection (a) shall 
be exercised under regulations prescribed by the Secretary of the 
Navy. 
"(c) NAVAL WAR COLLEGE DEFINED.—In this section, the term 
'Naval War College' means the College of Naval Warfare and the 
College of Naval Command and Staff.". 
(b) CLERICAL AMENDMENT.—The tables of chapters at the begin-
ning of subtitle C of title 10, United States Code, and at the 
beginning of part III of such subtitle, are amended by inserting after 
the item relating to chapter 607 the following new item: 
"609. Professional Military Educational Schools 
7101". 
PART C—CONTRACTING OUT 
SEC. 921. CONTINUATION OF AUTHORITY OF BASE COMMANDERS OVER 
10 USC 2466 
CONTRACTING FOR COMMERCIAL ACTIVITIES 
note. 
Section 2468(f) of title 10, United States Code, is amended by 
striking out "September 30, 1990" and inserting in lieu thereof 
"September 30,1991". 
SEC. 922. AUTHORIZATION OF PILOT PROGRAM FOR DEPOT MAINTE-
NANCE WORKLOAD COMPETITION 
(a) PILOT PROGRAM AUTHORIZED.—(1) Notwithstanding section 
2466 of title 10, United States Code, the Secretary of Defense may 
conduct a depot maintenance workload competition pilot program 
during fiscal year 1991. 
(b) ELEMENTS OF PROGRAM.—(1) The pilot program authorized by 
subsection (a) shadl involve competition for a portion of the depot 
maintenance workload at one Army depot maintenance activity and 
one Air Force depot maintenance activity. 
(2) Any competition under such pilot program shall be open to 
such maintenance activities of the Department of Defense as the 
Secretary of Defense may designate. The Secretary may also include 
private contractors in such competition. 
(c) REPORT.—Not later than March 31, 1992, the Secretary of 
Defense shall submit to the congressional defense committees a 
report— 
(1) explaining the basis for selecting the installations and 
workload selected to participate in the pilot program authorized 
by subsection (a); 
(2) containing a detailed explanation of the results of such 
pilot program; and 
(3) comparing such results to the experience of one Navy 
depot maintenance activity that competed its workload during 
fiscal year 1991. 
104 STAT. 1628 
PUBLIC LAW 101-510—NOV. 5, 1990 
TITLE X—DRUG INTERDICTION AND COUNTER-DRUG 
ACTIVITIES 
SEC. 1001. DRUG 
INTERDICTION 
AND 
COUNTER-DRUG 
ACTIVITIES 
FUNDING 
Funds authorized to be appropriated pursuEint to section 301(aX14) 
for drug interdiction and counter-drug activities of the Department 
of Defense shall be available for the purposes and in the amounts 
specified as follows: 
(1) For operation and maintenance, $585,600,000. 
(2) For procurement, $345,300,000. 
(3) For National Guard pay and allowances, $105,500,000. 
(4) For 
research, 
development, 
test, 
and 
evaluation, 
$47,700,000. 
SEC. 1002. OVER-THE-HORIZON RADAR 
(a) STUDY.—(1) The Secretary of Defense, acting through the Joint 
Electronics Warfare Center, shall conduct a study to examine the 
need for an over-the-horizon radar in the central part of the United 
States directed toward Mexico. 
(2) In carrying out such study, the Secretary shall assess— 
(A) the capability of the over-the-horizon radar against small 
targets, including single engine aircraft of the type used in drug 
trafficking; 
(B) the ability of the over-the-horizon radar to correlate such 
targets with existing civilian air traffic; and 
(C) the relative cost and operational effectiveness of an over-
the-horizon radar compared with continued investment in other 
types of radars, such as the Small Aerostat System, land based 
aerostats, and the Caribbean based radar system. 
(3) The Secretary shall submit the results of the study required by 
paragraph (1) to the congressional defense committees not later than 
180 days after the date of the enactment of this Act. 
(4) Of the amount made available for procurement under section 
1001(2)j $3,000,000 shall be available to carry out the study required 
by paragraph (1). 
(b) TESTBED FACILITY.—Of the amount made available for procure-
ment under section 1001(2) for the over-the-horizon radar, $6,000,000 
shall be used for the procurement of a commercial testbed facility 
for the over-the-horizon radar to serve as an interim facility until 
the study required by subsection (a) is completed and the need for an 
over-the-horizon radar for drug interdiction is determined. 
(c) LIMITATION ON OTHER SPENDING.—The balance of other funds 
made available for procurement under section 1001(2) for the over-
the-horizon radar may not be obligated until 30 days after— 
(1) the Secretary of Defense certifies to Congress, after conclu-
sion of the study required by subsection (a), that such a system 
is needed, meets the requirements of the drug interdiction 
program, and would be the most cost effective system when 
compared with the cost of additional investment in other radar 
systems or other intelligence programs; and 
(2) in the event the Over-The-Horizon Backscatter radar 
(OTH-B) is determined to be the most suitable over-the-horizon 
radar system, the Office of Test and Evaluation certifies to 
Congress that the East Coast System of the OTH-B meets all 
contract requirements and performance specifications con-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1629 
tained in the Test and Evaluation Master Plan and the Oper-
ation Test Plsui for that system. 
SEC. 1003. CIVIL AIR PATROL 
Of the amount made available for operation and maintenance 
under section 1001(1), $1,000,000 shall be available to the Secretary 
of Defense for the purpose of paying expenses incurred by the CivU 
Air Patrol in conducting drug surveillance flights. 
SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES 
(a) SUPPORT TO OTHER AGENCIES.—During fiscal year 1991, the 
Secretary of Defense may provide support for the counter-drug 
activities of any other department or agency of the Federal Govern-
ment or of any State, local, or foreign law enforcement agency for 
any of the purposes set forth in subsection Qo) if such support is 
requested— 
(1) by the official who has responsibility for the counter-drug 
activities of the department or agency of the Federal Govern-
ment, in the case of support for other departments or agencies 
of the Federal Government; 
(2) by the appropriate official of a State or local government, 
in the case of support for State or local law enforcement agen-
cies; or 
(3) by an appropriate official of a department or agency of the 
Federal Government that has counter-drug responsibilities, in 
the case of support for foreign law enforcement Eigencies. 
Qo) TYPES OF SUPPORT.—The purposes for which the Secretary may 
provide support under subsection (a) are the following: 
(1) The maintenance and repair of equipment that has been 
made avgdlable to any department or agency of the Federal 
Government or to any State or local government by the Depart-
ment of Defense for the purposes o
f
— 
(A) preserving the potential future utility of such equip-
ment for the Department of Defense; and 
(B) upgrading such equipment to ensure compatibility of 
that equipment with other equipment used by the Depart-
ment of Defense. 
(2) The maintenance, repair, or upgrading of equipment 
(including computer software), other than equipment referred to 
in subparagraph (A) for the purpose of— 
(A) ensuring that the equipment being maintained or 
repaired is compatible with equipment used by the Depart-
ment of Defense; and 
(B) upgrading such equipment to ensure the compatibility 
of that equipment with equipment used by the Department 
of Defense. 
(3) The transportation of personnel of the United States and 
foreign countries (including per diem expenses associated with 
such transportation), and the transportation of supplies and 
equipment, for the purpose of facilitating counter-drug activi-
ties within or outside the United States. 
(4) The establishment (including unspecified minor construc-
tion) and operation of bases of operations or training facilities 
for the purpose of facilitating counter-drug activities within or 
outside the United States. 
(5) Counter-drug related training of law enforcement person-
nel of the Federal Government, of State and local governments, 
104 STAT. 1630 
PUBLIC LAW 101-510—NOV. 5, 1990 
and of foreign countries, including associated support expenses 
for trainees and the provision of materials necessary to carry 
out such training. 
(6) Aerial and ground reconnaissance outside, at, or near the 
borders of the United States. 
(7) Construction of roads and fences and installation of light-
ing to block drug smuggling corridors across international 
boundaries of the United States. 
(8) Establishment of command, control, communications, and 
computer networks for improved integration of law enforce-
ment, active military, and National Guard activities. 
(c) CONTRACT AUTHORITY.—In carrying out subsection (a), the 
Secretary of Defense may acquire services or equipment by contract 
for support provided under that subsection if the Department of 
Defense would normally acquire such services or equipment by 
contract for the purpose of conducting a similar activity for the 
Department of Defense. 
(d) LIMITED WAIVER OF PROHIBITION.—Notwithstanding section 
376 of title 10, United States Code, the Secretary of Defense may 
provide support pursuant to subsection (a) in any case in which the 
Secretary determines that the provision of such support would 
adversely affect the military preparedness of the United States in 
the short term if the Secretary determines that the importance of 
providing such support outweighs such short-term adverse effect. 
(e) CONDUCT OF TRAINING OR OPERATION TO AID CIVILIAN AGEN-
CIES.—In providing support pursuant to subsection (a), the Secretary 
of Defense may plan and execute otherwise valid military training 
or operations (including training exercises undertaken pursuant to 
section 1206(a) of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1564)) for the 
purpose of aiding civilian law enforcement agencies. 
(f) RELATIONSHIP TO OTHER LAWS.—(1) The authority provided in 
this section for the support of counter-drug activities by the Depart-
ment of Defense is in addition to, and except as provided in para-
graph (2), not subject to the requirements of chapter 18 of title 10, 
United States Code. 
(2) Support under this section shall be subject to the provisions of 
section 375 and, except as provided in subsection (d), section 376 of 
title 10, United States Code. 
(g) AVAILABILITY OF FUNDS.—Of the amount made available for 
operation and maintenance under section 1001(1), $50,000,000 shall 
be available to the Secretary of Defense for the purpose of carrjdng 
out this section. 
SEC. 1005. TRANSFER OF EXCESS DEFENSE ARTICLES 
Pursuant to section 1208 of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (10 U.S.C. 372 note) and section 
372 of title 10, United States Code, the Secretary of Defense shall 
review the availability of equipment resulting from the withdrawal 
of United States forces from Europe and Asia for the purpose of 
identifying excess equipment that may be suitable for drug enforce-
ment activities for transfer to appropriate Federal, State, or local 
civilian law enforcement authorities. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1631 
SEC. 1006. SENSE OF CONGRESS REGARDING THE EFFECTIVE USE OF 
COUNTER-DRUG FUNDS 
It is the sense of Congress that the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff should continue to emphasize 
the commitment of the Department of Defense to its extremely 
important mission of combating illegal drugs so that the entire 
chain of command of the Department of Defense fully and effec-
tively uses funds of the Department to ensure the maximum con-
tribution of the Armed Forces to the national counter-drug effort. 
SEC. 1007. REPORT ON DEFENSE SPENDING FOR COUNTER-DRUG ACTIVI-
TIES 
(a) REPORT REQUIRED.—Not later than six months after the date of 
the enactment of this Act, the Comptroller Greneral of the United 
States shall submit to the congressional defense committees, the 
Senate Caucus on International Narcotics Control, and the Select 
Committee on Narcotics Abuse and Control of the House of Rep-
resentatives a report examining the counter-drug budget and 
expenditures of the Department of Defense. 
(b) CONTENTS.—The report required by subsection (a) shall include 
the following: 
(1) An analysis of the funds authorized and appropriated in 
fiscal years 1989 and 1990 for the counter-drug activities of the 
Department of Defense, including— 
(A) an examination of how those funds were obligated 
and expended, including a month-by-month breakdown of 
obligations and expenditures; 
(B) a determination of whether there were delays in 
obligating and expending those funds and the reasons for 
any such delays; and 
(C) an accounting of the amount of funds available for 
counter-drug activities that lapsed at the end of each of the 
fiscal years. 
(2) A determination of whether there has been a systemic 
failure in the timely obligation and expenditure of funds appro-
priated for the counter-drug activities of the Department of 
Defense for fiscal years 1989 and 1990. 
(3) An analysis of the effectiveness of the role of the Depart-
ment of Defense Coordinator for Drug Enforcement Policy and 
Support, including— 
(A) a determination whether the responsibility of serving 
as both the Assistant Secretary of Defense for Reserve 
Affairs and Coordinator for Drug Enforcement Policy and 
Support complicates the ability of the Assistamt Secretary 
to coordinate all entities within the Department of Defense 
in the counter-drug mission; and 
(B) a determination regarding the adequacy of personnel 
levels in the Office of the Assistant Secretary to meet his 
responsibility 
for 
coordinating 
counter-drug 
activities 
within the Department of Defense and ensuring that funds 
appropriated for such activities are obligated and expended 
in a timely manner. 
(4) Recommendations for correcting any problems found in 
the course of the review. 
104 STAT. 1632 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 1008. STUDY OF UTILITY OF OH-58D HELICOPTER IN DETECTION OF 
CROSS-BORDER INTRUSIONS BY DRUG SMUGGLERS 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct a 
study on the feasibility and effectiveness of using the OH-58D Scout 
helicopters for detecting, monitoring, and conducting surveillance of 
the ground movements of drug smugglers along the southwest 
border of the United States. In carrying out such study, the Sec-
retary shall consider in particular the following matters: 
(1) The suitability of the OH-58D helicopter for performing 
the missions described in the first sentence. 
(2) The feasibility of having personnel of the Army National 
Guard operate and maintain OH-58D helicopters when such 
personnel are not in Federal service. 
(b) INTERAGENCY COORDINATION.—The Secretary shall carry out 
the study required by subsection (a) in consultation with the 
Commissioner of the United States Customs Service. 
(c) SUBMISSION OF REPORT.—The Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report containing the results of the study required 
by subsection (a) not more than 180 days after the date of the 
enactment of this Act. The Secretary shall include in the report the 
conclusions of the Secretary based on the study together with such 
comments and recommendation 
£is the Secretary 
considers 
appropriate. 
SEC. 1009. ANDEAN ANTI-DRUG EFFORTS 
(a) FINDINGS.—Congress makes the following findings: 
(1) The support for democratic process and civilian govern-
ance in the Andean countries of Peru, Bolivia, £uid Colombia, 
the first two of which have only recently emerged from periods 
of military rule, is a necessary precondition for long-term stabil-
ity in those countries and for the successful fight against the 
production and traffic of illegal drugs in those countries. 
(2) The separation of military and civilian law enforcement 
functions has historically been a critical element in democracies 
around the world, including the United States. 
(3) There is a need to determine whether the current policies 
of the United States unduly emphasize assistance to military 
entities of those countries rather than civilian law enforcement 
entities in carrying out anti-drug efforts in those countries and 
whether such policies might tend to undermine the dual long-
term policy goals of the United States of stopping the traffic of 
drugs at their sources and the preservation of civilian con-
trol over the newly established democracies of the Andean 
countries. 
(4) There is a need to assess the impact that United States 
assistance in the Andean anti-drug effort will have on reducing 
drug activity and supporting democratic processes in the 
Andean countries. 
(b) REPORT REQUIRED.—(1) Not later than 90 days after the date of 
the enactment of this Act, the Secretary of State and the Secretary 
of Defense shall, in consultation with the Director of the Office of 
Nationsil Drug Control Policy, jointly submit to Congress a report 
detailing current United States policies with respect to the Andean 
countries in general and with respect to the counter-drug enforce-
ment activities and associated training programs of the United 
States in such countries in particular. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1633 
(2) Such report shall include an analysis of the impact that the 
involvement of the military forces of the Andean countries in 
counter-drug enforcement activities has on the democratic institu-
tions of those countries and how the civilian institutions of those 
countries might be strengthened in order to assure the successful 
pursuit of a counter-drug strategy. 
(3) Such report shall contain specific legislative recommendations 
for improving the assistance activities of the United States in the 
Andean countries in order to avoid unnecessary duplications and 
contradictions in meeting United States policy goals in those 
countries. 
SEC. 1010. CREATION OF A MULTILATERAL COUNTER-DRUG STRIKE 
FORCE 
(a) FINDINGS.—Congress makes the following findings: 
(1) Congress has in the past sought approval for a multilateral 
strike force dedicated to the war on drugs. 
(2) The proposal by the Prime Minister of Jamiaica for the 
creation of a multilateral, international counter-drug strike 
force is the first operative proposal for the use of a multilateral 
force against the drug cartels in Latin America by a govern-
ment leader in the Western Hemisphere and should be given 
serious consideration. 
(b) SENSE OF THE CONGRESS.—It is the sense of Congress that— 
(1) the Prime Minister of Jamaica is to be commended for his 
proposal; 
(2) the President should call for international negotiations for 
the purpose of discussing the establishment of an international 
strike force to counter international drug traffickers; and 
(3) the United States should work through the United Nations 
and other multilateral organizations to determine the feasibil-
ity of establishing and using a force and should assist in the 
establishment of such a force if the President determines the 
proposal to be feasible. 
SEC. 1011. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER 
Title I of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1501 et seq.) 
is amended by inserting after section 1003 the following new section: 
"SEC. 1003A. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER 
21 USC 1502a. 
"(a) ESTABLISHMENT.—There is established within the Office of 
National Drug Control Policy, the Counter-Drug Technology Assess-
ment Center (hereinafter in this section referred to as the 'Center'). 
The Center shall operate under the authority of the Director of 
National Drug Control Policy and shall serve as the central counter-
drug enforcement research and development organization of the 
United States Grovemment. 
"(b) DIRECTOR.—There shall be at the head of the Center the Chief 
Scientist of Counter-Drug Technology (hereinafter in this section 
referred to as the 'Chief Scientist'). The Chief Scientist shall be 
appointed by the Director of National Drug Control Policy from 
among individuals qualified and distinguished in the area of science, 
engineering, or technology. 
"(c) ADDITIONAL RESPONSIBILITIES OF THE DIRECTOR.—(1) The Direc-
tor, acting through the Chief Scientist, shall— 
104 STAT. 1634 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(A) identify and define the short, medium, and long-term 
scientific and technological needs of Federal, State, and local 
drug enforcement agencies, including— 
"(i) advanced surveillance, tracking, and radar imaging; 
"(ii) electronic support measures; 
"(iii) communications; 
"(iv) data fusion, advanced computer systems £ind artifi-
cial intelligence; and 
"(v) chemical, biological, radiological (including neutron, 
electron, and graviton) and other means of detection; 
"(B) make a priority ranking of such needs according to fiscal 
and technological feasibility, as part of a National Counter-Drug 
Enforcement Research and Development Strategy; 
"(C) oversee and coordinate counter-drug technology initia-
tives with related activities of other Federal civilian and mili-
tary departments; and 
"(D) under the general authority of the Director of National 
Drug Control Policy, submit requests to C!ongress for the 
reprogramming or transfer of funds appropriated for counter-
drug enforcement research and development. 
"(2) The authority granted to the Director under this section shall 
not extend to the award of contracts, management of individual 
projects, or other operational activities. 
President. 
"(d) COUNTER-DRUG BUDGET SUBMISSION.—Beginning with the 
budget submitted to Congress for fiscal year 1992 pursuant to 
section 1105 of title 31, United States Code, the President shall 
submit a separate and detailed request relating to those Federal 
departments and agencies having responsibility for counter-drug 
enforcement research and development programs. 
"(e) PERSONNEL.—Subject to subsections (d) and (e) of section 1003, 
the Chief Scientist shall select and appoint a staff of not more than 
10 employees with specialized experience in scientific, engineering, 
and technical affairs.", 
TITLE XI—OPERATION DESERT SHIELD 
PART A—FUNDING MATTERS 
SEC. 1101. SUPPLEMENTAL FUNDS FOR FISCAL YEAR 1990 
(a) 
AUTHORIZATION OF 
SUPPLEMENTAL APPROPRIATIONS.—The 
appropriations and transfers made by title II of Public Law 101-403 
are hereby authorized. The authorizations in the preceding sentence 
are in addition to the amounts authorized to be appropriated for 
fiscal year 1990 by the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189). 
(b) PURPOSES FOR WHICH SUPPLEMENTAL FUNDS MAY BE USED.— 
Funds appropriated or otherwise made available by title II of Public 
Law 101-403 (other than for "Other Procurement, Army" and for 
"Research, Development, Test, and Evaluation, Navy") may be used 
only— 
\ 
(1) for the purposes stated in section 201 of that Public! Law; 
or 
(2) to liquidate obligations incurred by the Department of 
Defense during fiscal year 1990 pursuant to authority under 
section 2201 of title 10, United States Code. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1635 
SEC. 1102. ACCOUNTING FOR COSTS OF OPERATION DESERT SHIELD 
The Secretary of Defense shall maintain separate financial and 
cost records for Operation Desert Shield. Those records shall include 
records showing the amount and use of any contributions made by 
other nations. 
PART B—MILITARY PERSONNEL MATTERS 
SEC. n i l . MILITARY PAY AND ALLOWANCES 
(a) IMMINENT DANGER PAY.—The Secretary of Defense may pro-
vide for the payment of imminent danger pay under section 310 of 
title 37, United States Code, to members of the Armed Forces 
assigned to duty in the Persian Gulf area in connection with Oper-
ation Desert Shield with respect to periods of duty served after 
August 1, 1990, and before the date of the enactment of this Act. 
(b) VARIABLE HOUSING ALLOWANCE.—(1) In the case of Reserve 
members called or ordered to active duty (other than for training) 
and retired members called to active duty under section 688 of title 
10, United States Code, in connection with Operation Desert Shield, 
the variable housing allowance under section 403a of title 37, United 
States Code, shall be paid to such members for fiscal year 1990 and 
during fiscal year 1991 without regard to the limitation in subsec-
tion 03)(3) of that section. 
(2) The limitation in subsection (d) of that section on the total 
amount of variable housing allowance that may be paid for a fiscal 
year shall not apply for fiscal year 1991. 
(c) SPECIAL PAY FOR RESERVE MEDICAL AND DENTAL OFFICERS.—(1) 
A reserve medical or dental officer described in paragraph (2) shall 
be eligible during fiscal years 1990 and 1991 for special pay under 
section 302 or 302b of title 37, United States Code (whichever 
applies), in the same manner as a regular medical or dental officer, 
notwithstanding the requirements in those sections that the call or 
order to active duty be for a period of not less than one year or that 
the officer execute a written agreement to remain on active duty for 
a period of not less than one year. 
(2) A reserve medical or dental officer referred to in paragraph (1) 
is a reserve officer in an active status who— 
(A) is an officer of the Medical or Dental Corps of the Army or 
the Navy or an officer of the Air Force designated as a medical 
or dental officer; and 
(B) is on active duty (other than for training) under a call or 
order to active duty for a period of less than one year in 
connection with Operation Desert Shield. 
(3) Payment of special pay under section 302 or 302b of title 37, 
United States Code, pursuant to this subsection may be made on a 
monthly basis. If the service on active duty of a reserve medical or 
dental officer referred to in paragraph (1) is terminated before the 
end of the period for which a payment is made under those sections 
to the officer, the officer is entitled to special pay under those 
sections only for the portion of that period that the officer actually 
served on active duty. The officer shall refund any amount received 
in excess of the amount that corresponds to the period of active duty 
of the officer. 
(4) While a reserve medical officer referred to in paragraph (1) 
receives special pay under section 302 of title 37, United States Code, 
104 STAT. 1636 
PUBLIC LAW 101-510—NOV. 5, 1990 
by operation of that paragraph, the officer shall not be entitled to 
special pay under subsection (h) of that section. 
SEC. 1112. SENSE OF CONGRESS CONCERNING ACTIVATION OF NATIONAL 
GUARD COMBAT BRIGADE 
It is the sense of Congress that the President should order to 
active Federal service at least one Army National Guard combat 
brigade for deployment in the Persian Gulf region in connection 
with Operation Desert Shield. 
SEC. 1113. TECHNICAL AMENDMENT CONCERNING MAILING PRIVILEGES 
FOR MEMBERS OF THE ARMED FORCES PARTICIPATING IN 
OPERATION DESERT SHIELD 
Section 3401 of title 39, United States Code, is amended by strik-
ing out "sound-recorded" each place it appears and inserting in lieu 
thereof "sound- or video-recorded". 
SEC. 1114. SAVINGS PROGRAM FOR OVERSEAS PERSONNEL 
(a) ELIGIBILITY TO PARTICIPATE.—The Secretary of Defense may 
authorize a member of the Armed Forces who is serving outside the 
United States or its possessions under arduous conditions (as deter-
mined by the Secretary of Defense) during fiscal year 1990 or 1991 
pursuant to an assignment or duty detail as part of Operation 
Desert Shield to make deposits of unallotted current pay and allow-
ances, and to earn interest, under section 1035 of title 10, United 
States Code. 
(b) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations establishing standards and procedures for the administration 
of this section. 
SEC. 1115. TREATMENT OF ACCUMULATED LEAVE 
(a) INAPPLICABILITY OF ELIGIBILITY LIMITATION.—The limitation in 
the second sentence of section 50103)(3) of title 37, United States 
Code, does not apply with respect to the following leave during fiscal 
year 1990 or 1991: 
(1) Leave accrued by a member of a reserve component of the 
Armed Forces while serving on active duty (other than for 
training) in connection with Operation Desert Shield pursuant 
to an order to active duty authorized under section 672, 673, 
673b, or 674 of title 10, United States Code. 
(2) Leave accrued by a member of the Armed Forces in the 
Retired Reserve while serving on active duty in connection with 
Operation Desert Shield pursuant to an order to active duty 
authorized by section 675 of title 10, United States Code. 
(3) Leave accrued by a retired member of the Regular Army, 
Regular Navy, Regular Air Force, or Regular Marine Corps, a 
member of the Retired Reserve, or a member of the Fleet 
Reserve or Fleet Marine Corps Reserve while such retired 
member or member, as the case may be, is serving on active 
duty in connection with Operation Desert Shield pursuant to an 
order to active duty authorized by section 688 of title 10, United 
States Code. 
(4) Leave accrued by a member referred to in paragraph (1), 
(2), or (3) while serving on active duty (other than for training) 
in connection with Operation Desert Shield pursuant to an 
order to such active duty issued with the consent of the member 
during a period in which members of the Armed Forces are 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1637 
being ordered to active duty in connection with such operation 
pursuant to a provision of title 10, United States Code, referred 
to in such paragraph. 
(b) SAVING PROVISION FOR CERTAIN ACCRUED LEAVE.—(1) Subject 
to paragraph (2), a member of the Armed Forces who, under section 
701(f) of title 10, United States Code— 
(A) would lose any accumulated leave in excess of 60 days at 
the end of fiscal year 1991 shall be permitted to retain such 
leave until the end of fiscal year 1992; or 
(B) would lose any accumulated leave in excess of 60 days at 
the end of fiscal year 1992 (other than by reason of clause (A)) 
shall be permitted to retain such leave until the end of fiscal 
year 1993. 
(2) In no case may a member be permitted to accumulate leave 
under this section in excess of 90 days. 
(c) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations establishing standards and procedures for the administration 
of this section. 
SEC. 1116. REPORT ON OPTIONS FOR REFORMING THE BASIC ALLOW-
ANCE FOR SUBSISTENCE ENTITLEMENT 
The Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
on various options for reforming the basic allowance for subsistence 
entitlement provided for under section 402 of title 37, United States 
Code. The report shall address the problems resulting from termi-
nation of the allowance upon deployment for field or sea duty. The 
report shall be submitted not later than February 15, 1991. 
SEC. 1117. END STRENGTH FLEXIBILITY 
10 USC 115 note, 
(a) AUTHORITY.—If the Secretary of Defense determines that the 
operational requirements of Operation Desert Shield require an 
increase in the end strengths of active duty personnel for fiscal year 
1991 prescribed by section 401 in excess of the increases authorized 
under section 115(c)(1) of title 10, United States Code (as amended by 
section 1483 of this Act), the Secretary may (subject to subsection (b)) 
increase the total end strength authorized for the Army, Navy, Air 
Force, and Marine Corps by section 401 by an amount not greater 
than 0.5 percent of the total end strengths authorized by that 
section. The authority under the preceding sentence is in addition to 
the authority under section 115(cXl) of title 10, United States Code 
(as amended by section 1483 of this Act). 
(b) CERTIFICATION.—The Secretary of Defense may not exercise the 
authority provided in subsection (a) until after the Secretary cer-
tifies in writing to the Committees on Armed Services of the Senate 
and House of Representatives that the exercise of that authority is 
necessary because of the operational requirements of Operation 
Desert Shield. 
PART C—PROCUREMENT MATTERS 
SEC. 1121. PROCUREMENT FLEXIBILITY FOR S M A L L PURCHASES 
(a) INCREASED FLEXIBILITY FOR OPERATION DESERT SHIELD.—During 
fiscal year 1991, the small purchase procurement threshold in the 
case of any contract to be awarded and performed, or purcheise to be 
made, outside the United States in support of Operation Desert 
104 STAT. 1638 
PUBLIC LAW 101-510—NOV. 5, 1990 
Defense 
Acquisition 
Workforce 
Improvement 
Act. 
10 u s e 1701 
note. 
Shield shall be $100,000 (rather than the amount specified in section 
2304(g)(2) of title 10, United States Code). 
(b) SMALL PURCHASE PROCUREMENT THRESHOLD DEFINED.—For 
purposes of this section, the term "small purchase procurement 
threshold" means the maximum amount of a purchase or contract 
for which the special simplified procurement procedures established 
pursuant to section 2304(g)(1) of title 10, United States Code, may be 
used. 
TITLE XII—DEFENSE ACQUISITION WORKFORCE 
'Defense Acquisition Workforce 
SEC. 1201. SHORT TITLE 
This title may be cited as the 
Improvement Act". 
SEC. 1202. DEFENSE ACQUISITION WORKFORCE 
(a) DEFENSE ACQUISITION WORKFORCE.—Subtitle A of title 10, 
United States Code, is amended by inserting after chapter 85 the 
following new section: 
"CHAPTER 87—DEFENSE ACQUISITION WORKFORCE 
"Subchapter 
Sec. 
"I. General Authorities and Responsibilities 
1701 
"II. Defense Acquisition Positions 
1721 
"III. Acquisition Corps 
1731 
"IV. Education and Training 
1741 
"V. General Management Provisions 
1761 
"SUBCHAPTER I—GENERAL AUTHORITIES AND 
RESPONSIBILITIES 
"Sec. 
"1701. Management policies. 
"1702. Under Secretary of Defense for Acquisition: authorities and responsibilities. 
"1703. Director of Acquisition Education, Training, and Career Development. 
"1704. Service acquisition executives: authorities and responsibilities. 
"1705. Directors of Acquisition Career Management in the military departments. 
"1706. Acquisition career program boards. 
"1707. Personnel in the Office of the Secretary of Defense and in the Defense 
Agencies. 
"§ 1701. Management policies 
"(a) POLICIES AND PROCEDURES.—The Secretary of Defense shall 
establish policies and procedures for the effective management 
(including accession, education, training, and career development) 
of persons serving in acquisition positions in the Department of 
Defense. 
"(b) UNIFORM IMPLEMENTATION.—The Secretary shall ensure that, 
to the maximum extent practicable, acquisition workforce policies 
and procedures established in accordance with this chapter are 
uniform in their implementation throughout the Department of 
Defense. 
"§ 1702. Under Secretary of Defense for Acquisition: authorities 
and responsibilities 
"Subject to the authority, direction, and control of the Secretary 
of Defense, the Under Secretary of Defense for Acquisition shall 
carry out all powers, functions, and duties of the Secretary of 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1639 
Defense with respect to the acquisition workforce in the Department 
of Defense. The Under Secretary shall ensure that the policies of the 
Secretary of Defense established in accordance with this chapter are 
implemented throughout the Department of Defense. 
"§ 1703. Director of Acquisition Education, Training, and Career 
Development 
"The Under Secretary of Defense for Acquisition shall appoint a 
Director of Acquisition Education, Training, and Career IDevelop-
ment within the office of the Under Secretary to assist the Under 
Secretary in the performance of his duties under this chapter. 
"§ 1704. Service acquisition executives: authorities and respon-
sibilities 
"Subject to the authority, direction, and control of the Secretary 
of the military department concerned, the service acquisition execu-
tive for each military department shall carry out all powers, func-
tions, and duties of the Secretary concerned with respect to the 
acquisition workforce within the military department concerned 
and shall ensure that the policies of the Secretary of Defense 
established in accordance with this chapter are implemented in that 
department. 
"§ 1705. Directors of Acquisition Career Management in the mili-
tary departments 
"There shall be a Director of Acquisition Career Management for 
each military department within the office of the service acquisition 
executive to assist the executive in the performance of his duties 
under this chapter. The Secretary of the Navy, acting through the 
service acquisition executive, may appoint separate directors for the 
Navy and the Marine Corps. 
"§ 1706. Acquisition career program boards 
"(a) ESTABLISHMENT.—The Secretary of each military department, 
acting through the service acquisition executive, shall establish an 
acquisition career program board to advise the service acquisition 
executive in managing the accession, training, education, and career 
development of military and civilian personnel in the acquisition 
workforce and in selecting individuals for an Acquisition Corps 
under section 1731 of this title. 
"(b) COMPOSITION OF BOARD.—Each acquisition career program 
board shall include the Director of Acquisition Career Management 
(or his representative), the Assistant Secretary with responsibility 
for manpower (or his representative), and the military and civilian 
senior officials with responsibility for personnel development in the 
various acquisition career fields. The service acquisition executive 
(or his representative) shall be the head of the board. 
"(c) SUBORDINATE BOARDS.—The Secretary of a military depart-
ment may establish a subordinate board structure in the depart-
ment to which functions of the acquisition career program board 
may be delegated. 
"§ 1707. Personnel in the Office of the Secretary of Defense and in 
the Defense Agencies 
"(a) POLICIES.—The Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition, shall establish and 
> 
implement, in such manner as the Secretary considers appropriate, 
104 STAT. 1640 
PUBLIC LAW 101-510—NOV. 5, 1990 
policies and procedures for the effective management, including 
accession, education, training, and career development, of persons 
serving in acquisition positions in the Office of the Secretary of 
Defense and the Defense Agencies. Such policies and procedures 
shall include (1) the establishment of one or more Acquisition Corps 
with respect to such persons, and (2) the establishment of an acquisi-
tion career program board (and any appropriate subordinate board 
structure) with respect to such persons. The Secretary shall ensure 
that, to the maximum extent practicable, such policies and proce-
dures are as uniform as practicable with the policies established 
under this chapter for the military departments. 
"Ot)) MANAGEMENT.—The Director of Acquisition Education, Train-
ing, and Career Development appointed under section 1703 of this 
title shall serve as the Director of Acquisition Career Management 
for the Office of the Secretary of Defense and for the Defense 
Agencies. 
"SUBCHAPTER II—DEFENSE ACQUISITION POSITIONS 
"Sec. 
"1721. Designation of acquisition positions. 
"1722. Career development. 
"1723. General education, training, and experience requirements. 
"1724. Contracting positions: qualification requirements. 
"1725. Office of Personnel Management approval. 
"§ 1721. Designation of acquisition positions 
Regulations. 
"(a) DESIGNATION.—The Secretary of Defense shall designate in 
regulations those positions in the Department of Defense that are 
acquisition positions for purposes of this chapter. 
"(b) REQUIRED POSITIONS.—In designating the positions under 
subsection (a), the Secretary shall include, at a minimum, all ac-
quisition-related positions in the following areas: 
"(1) Program management. 
"(2) Systems planning, research, development, engineering, 
and testing. 
"(3) Procurement, including contracting. 
"(4) Industrial property management. 
"(5) Logistics. 
"(6) Quality control and assurance. 
"(7) Manufacturing and production. 
"(8) Business, cost estimating, financial management, and 
auditing. 
"(9) Education, training, and career development. 
, 
"(10) Construction. 
"(11) Joint development and production with other govern-
ment agencies and foreign countries. 
"(c) MANAGEMENT HEADQUARTERS ACTIVITIES.—The Secretary also 
shall designate as acquisition positions under subsection (a) those 
acquisition-related positions which are in management head-
quarters activities and in management headquarters support activi-
ties. For purposes of this subsection, the terms 'management 
headquarters activities' and 'management headquarters support 
activities' have the meanings given those terms in Department of 
Defense Directive 5100.73, entitled "Department of Defense Manage-
ment Headquarters and Headquarters Support Activities," dated 
November 25, 1988. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1641 
"§1722. Career development 
"(a) CAREER PATHS.—The Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition, shall ensure that appro-
priate career paths for civilian and military personnel who wish to 
pursue careers in acquisition are identified in terms of the edu-
cation, training, experience, and assignments necessary for career 
progression of civilians and members of the armed forces to the most 
senior acquisition positions. The Secretary shall make available 
published information on such career paths. 
"(b) LIMITATION ON PREFERENCE FOR MILITARY PERSONNEL.—(1) 
The Secretary of Defense shall ensure that no requirement or 
preference for a member of the armed forces is used in the consider-
ation of persons for acquisition positions, except as provided in the 
policy established under paragraph (2). 
"(2)(A) The Secretary shall establish a policy permitting a particu-
lar acquisition position to be specified as available only to members 
of the armed forces if a determination is made, under criteria 
specified in the policy, that a member of the armed forces is 
required for that position by law, is essential for performance of the 
duties of the position, or is necessary for another compelling reason. 
"(B) Not later than December 15 of each year, the Under Sec- Reports, 
retary of Defense for Acquisition shall submit to the Secretary a 
report that lists each acquisition position that is restricted to mem-
bers of the armed forces under such policy and the recommendation 
of the Under Secretary as to whether such position should remain so 
restricted. 
"(c) OPPORTUNITIES FOR CIVILIANS TO QUALIFY.—The Secretary of 
Defense shall ensure that civilian personnel are provided the oppor-
tunity to acquire the education, training, and experience necessary 
to qualify for senior acquisition positions. 
"(d) BEST QUALIFIED.—The Secretary of Defense shall ensure that 
the policies established under this chapter are designed to provide 
for the selection of the best qualified individual for a position, 
consistent with other applicable law. 
"(e) MANAGEMENT OF WORKFORCE.—The Secretary of Defense 
shall ensure that the acquisition workforce is managed such that, 
for each fiscal year from October 1, 1991, through September 30, 
1996, there is a substantial increase in the proportion of civilians (as 
compared to armed forces personnel) serving in critical acquisition 
positions in general, in program manager positions, and in division 
head positions over the proportion of civilians (as compared to 
armed forces personnel) in such positions on October 1,1990. 
"(f) ASSIGNMENTS POLICY.—(1) The Secretary of Defense shall 
establish a policy on assigning military personnel to acquisition 
positions that provides for a balance between (A) the need for 
personnel to serve in career broadening positions, and (B) the need 
for requiring service in each such position for sufficient time to 
provide the stability necessary to effectively carry out the duties of 
the position and to allow for the establishment of responsibility and 
accountability for actions taken in the position. 
"(2) In implementing the policy established under paragraph (1), 
the Secretaries of the military departments shall provide, as appro-
priate, for longer lengths of assignments to acquisition positions 
than assignments to other positions. 
"(g) PERFORMANCE APPRAISALS.—The Secretary of each military 
department, acting through the service acquisition executive for 
39-194 O - 91 - 10 : QL 3 Part 3 
104 STAT. 1642 
PUBLIC LAW 101-510—NOV. 5, 1990 
that department, shall provide an opportunity for review and inclu-
sion of any comments on any appraisal of the performance of a 
person serving in an acquisition position by a person serving in an 
acquisition position in the same acquisition career field. 
Equal 
"(h) BALANCED WORKFORCE POUCY.—In the development of de-
opiwrtunfty^ 
fense acquisition workforce policies under this chapter with respect 
to any civilian employees or applicants for employment, the Sec-
retary of Defense or the Secretary of a military department (as 
applicable) shall, consistent with the merit system principles set out 
in paragraphs (1) and (2) of section 2301(b) of title 5, take into 
consideration the need to maintain a balanced workforce in which 
women and members of racial and ethnic minority groups are 
appropriately represented in Government service. 
"§ 1723. General education, training, and experience requirements 
"(a) QuAUFiCATiON REQUIREMENTS.—The Secretary of Defense 
shall establish education, training, and experience requirements for 
each acquisition position, based on the level of complexity of duties 
carried out in the position. Unless otherwise provided in this chap-
ter, such requirements shall take effect not later than October 1, 
1993. In establishing such requirements for positions other than 
critical acquisition positions designated pursuant to section 1733 of 
this title, the Secretary may state the requirements by categories of 
positions. 
"(b) LIMITATION ON CREDIT FOR TRAINING OR EDUCATION.—Not 
more than one year of a period of time spent pursuing a program of 
academic training or education in acquisition may be counted 
toward fulfilling any requirement established under this chapter for 
a certain period of experience. 
"§ 1724. Contracting positions: qualincation requirements 
"(a) CONTRACTING OFFICERS.—The Secretary of Defense shall re-
quire that, beginning on October 1, 1993, in order to qualify to serve 
in an acquisition position as a contracting officer with authority to 
award or administer contracts for amounts above the small pur-
chase threshold referred to in section 2304(g) of this title, a person 
must (except as provided in subsections (c) and (d))— 
"(1) have completed all mandatory contracting courses re-
quired for a contracting officer at the grade level, or in the 
position within the grade of the General Schedule (in the case of 
an employee), that the person is serving in; 
"(2) have at least two years of experience in a contracting 
position; 
"(3XA) have received a baccalaureate degree from an accred-
ited educational institution authorized to grant baccalaureate 
degrees, (B) have completed at least 24 semester credit hours (or 
the equivalent) of study from an accredited institution of higher 
education in any of the following disciplines: accounting, busi-
ness finance, law, contracts, purchasing, economics, industrial 
management, marketing, quantitative methods, and organiza-
tion and management, or (C) have passed an examination 
considered by the Secretary of Defense to demonstrate skills, 
knowledge, or abilities comparable to that of an individual who 
has completed at least 24 semester credit hours (or the equiva-
lent) of study from an accredited institution of higher education 
in any of the disciplines listed in subparagraph (B); and 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1643 
"(4) meet such additional requirements, based on the dollar 
value and complexity of the contracts awarded or administered 
in the position, as may be established by the Secretary of 
Defense for the position. 
"(b) GS-1102 SERIES.—The Secretary of Defense shall require that, 
beginning on October 1, 1993, a person may not be employed by the 
Department of Defense in the GS-1102 occupational series unless 
the person (except as provided in subsections (c) and (d)) meets the 
requirements set forth in subsection (a)(3). 
"(c) EXCEPTIONS.—(1) The requirements set forth in subsections 
(aX3) and (b) shall not apply to any employee who, on October 1, 
1991, has at least 10 years of experience in acquisition positions, in 
comparable positions in other government agencies or the private 
sector, or in similar positions in which an individual obtains experi-
ence directly relevant to the field of contracting. 
"(2) The requirements of subsections (a) and (b) shall not apply to 
any employee for purposes of qualifying to serve in the position in 
which the employee is serving on October 1, 1993, or any other 
position in the same grade and involving the same level of respon-
sibilities as the position in which the employee is serving on such 
date. 
"(d) WAIVER.—The acquisition career program board of a military 
department may waive any or all of the requirements of subsections 
(a) and (b) with respect to an employee of that military department 
if the board certifies that the employee possesses significant 
potential for advancement to levels of greater responsibility and 
authority, based on demonstrated job performance and qualifying 
experience. With respect to each waiver granted under this subsec-
tion, the board shall set forth in a written document the rationale 
for its decision to waive such requirements. The document shall be 
submitted to and retained by the Director of Acquisition Education, 
Training, and Career Development. 
"§ 1725. OfHce of Personnel Management approval 
"(a) QUALIFICATION REQUIREMENTS.—The Secretary of Defense 
shall submit any requirement with respect to civilian employees 
that is established under section 1723 or under section 1724(a)(4) of 
this title to the Director of the Office of Personnel Management for 
approval. If the Director does not disapprove the requirement within 
30 days after the date on which the Director receives the require-
ment, the requirement is deemed to be approved by the Director. 
"(b) EXAMINATIONS.—The Secretary of Defense shall submit 
examinations to be given to civilian employees under subsection 
(a)(3) or (b) of section 1724 of this title to the Director of the Office of 
Personnel Management for approval. If the Director does not dis-
approve an examination within 30 days after the date on which the 
Director receives the examination, the examination is deemed to be 
approved by the Director. 
"SUBCHAPTER III—ACQUISITION CORPS 
"Sec. 
"1731. Acquisition Corps: in general. 
"1732. Selection criteria and procedures. 
"1733. Critical acquisition positions. 
"1734. Career development. 
"1735. Education, training, and experience requirements for critical acquisition posi-
tions. 
104 STAT. 1644 
PUBLIC LAW 101-510—NOV. 5, 1990 
"1736. Applicability. 
"1737. Definitions and general provisions. 
"§ 1731. Acquisition Corps: in general 
"(a) ACQUISITION CORPS.—The Secretary of Defense shall ensure 
that an Acquisition Corps is established for each of the military 
departments and one or more Corps, as he considers appropriate, for 
the other components of the Department of Defense. A separate 
Acquisition Corps may be established for each of the Navy and the 
Marine Corps. 
"(b) PROMOTION RATE FOR OFFICERS IN ACQUISITION CORPS.—The 
Secretary of Defense shall ensure that the qualifications of commis-
sioned officers selected for an Acquisition Corps are such that those 
officers are expected, as a group, to be promoted at a rate not less 
than the rate for all line (or the equivalent) officers of the same 
armed force (both in the zone and below the zone) in the same grade. 
"(c) 0PM APPROVAL.—The Secretary of Defense shall submit any 
requirement with respect to civilian employees established under 
section 1732 of this title to the Director of the Office of Personnel 
Management for approval. If the Director does not disapprove the 
requirement within 30 days after the date on which the Director 
receives the requirement, the requirement is deemed to be approved 
by the Director. 
"§ 1732. Selection criteria and procedures 
"(a) SELECTION CRITERIA AND PROCEDURES.—Selection for member-
ship in an Acquisition Corps shall be made in accordance with 
criteria and procedures established by the Secretary of Defense. 
Such criteria and procedures shall be in effect on and after 
October 1,1993. 
"(b) ELIGIBILITY CRITERIA.—Except as provided in subsections (c) 
and (d), only persons who meet all of the following requirements 
may be considered for service in the Corps: 
"(IXA) In the case of an employee, the person must be cur-
rently serving in a position within grade GS-13 or above of the 
General Schedule (including any employee covered by chapter 
54 of title 5). 
"(B) In the case of a member of the armed forces, the person 
must be currently serving in the grade of major or, in the case 
of the Navy, lieutenant commander, or a higher grade. 
"(C) In the case of an applicant for employment, the person 
must have experience in government or industry equivalent to 
the experience of a person in a position described in subpara-
graph (A) or (B), as validated by the appropriate career program 
management board. 
"(2) The person must meet the educational requirements 
prescribed by the Secretary of Defense. Such requirements, at a 
minimum, shall include both of the following: 
"(A) A requirement that the person— 
"(i) has received a baccalaureate degree at an accred-
ited educational institution authorized to grant bacca-
laureate degrees, or 
"(ii) hgis been certified by the acquisition career pro-
gram board of the employing military department as 
possessing significant potential for advancement to 
levels of greater responsibility and authority, based on 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1645 
demonstrated analytical and decisionmaking capabili-
ties, job performance, and qualifying experience. 
"(B) A requirement that the person has completed— 
"(i) at least 24 semester credit hours (or the equiva-
lent) of study from an accredited institution of higher 
education 
from 
among the following 
disciplines: 
accounting, business finance, law, contracts, purchas-
ing, economics, industrial management, marketing, 
quantitative methods, and organization and manage-
ment; or 
"(ii) at least 24 semester credit hours (or the equiva-
lent) from an accredited institution of higher education 
in the person's career field and 12 semester credit 
hours (or the equivalent) from such an institution from 
among the disciplines listed in clause (i). 
"(3) The person must meet experience requirements pre-
scribed by the Secretary of Defense. Such requirements shall, at 
a minimum, include a requirement for at least four years of 
experience in an acquisition position in the Department of 
Defense or in a comparable position in industry or government. 
"(4) The person must meet such other requirements as the 
Secretary of Defense or the Secretary of the military depart-
ment concerned prescribes by regulation. 
"(c) EXCEPTIONS.—(1) The requirements of subsections (b)(2)(A) and 
(b)(2)(B) shall not apply to any employee who, on October 1,1991, has 
at least 10 years of experience in acquisition positions or in com-
parable positions in other government agencies or the private sector. 
"(2) The requirements of subsections (b)(2)(A) and (b)(2)(B) shall 
not apply to any employee who is serving in an acquisition position 
on October 1, 1991, and who does not have 10 years of experience as 
described in paragraph (1) if the employee passes an examination 
considered by the Secretary of Defense to demonstrate skills, knowl-
edge, or abilities comparable to that of an individual who has 
completed at least 24 semester credit hours (or the equivalent) of 
study from an accredited institution of higher education from 
among the following disciplines: accounting, business finance, law, 
contracts, purchasing, economics, industrial management, market-
ing, quantitative methods, and organization and management. The 
Secretary of Defense shall submit examinations to be given to 
civilian employees under this paragraph to the Director of the Office 
of Personnel Management for approval. If the Director does not 
disapprove an examination within 30 days after the date on which 
the Director receives the examination, the examination is deemed to 
be approved by the Director. 
"(d) WAIVER.—(1) Except as provided in paragraph (2), the acquisi-
tion career program board of a military department may waive any 
or all of the requirements of subsection (b) with respect to an 
employee of that military department if the board certifies that the 
employee possesses significant potential for advancement to levels of 
greater responsibility and authority, based on demonstrated analyt-
ical and decisionmaking capabilities, job performance, and qualify-
ing experience. With respect to each waiver granted under this 
subsection, the board shall set forth in a written document the 
rationale for its decision to waive such requirements. The document 
shall be submitted to and retained by the Director of Acquisition 
Education, Training, and Career Development. 
104 STAT. 1646 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(2) The acquisition career program board of a military depart-
ment may not waive the requirements of subsection (b)(2)(A)(ii). 
"(e) MOBILITY STATEMENTS.—(1) The Secretary of Defense is au-
thorized to require civilians in an Acquisition Corps to sign mobility 
statements. 
"(2) The Secretary of Defense shall identify which categories of 
civilians in an Acquisition Corps, as a condition of serving in the 
Corps, shall be required to sign mobility statements. The Secretary 
shall make available published information on such identification of 
categories. 
"§ 1733. Critical acquisition positions 
"(a) REQUIREMENT FOR CORPS MEMBER.—On and after October 1, 
1993, a critical acquisition position may be filled only by a member 
of an Acquisition Corps. 
"(b) DESIGNATION OF CRITICAL ACQUISITION POSITIONS.—(1) The 
Secretary of Defense shall designate the acquisition positions in the 
Department of Defense that are critical acquisition positions. Such 
positions shall include the following: 
"(A) Any acquisition position which— 
"(i) in the case of employees, is required to be filled by an 
employee in a position within grade GS-14 or above of the 
General Schedule (including an employee covered by chap-
ter 54 of title 5), or in the Senior Executive Service; or 
"(ii) in the case of members of the armed forces, is 
required to be filled by a commissioned officer of the Army, 
Navy, Air Force, or Marine Corps who is serving in the 
grade of lieutenant colonel, or, in the case of the Navy, 
commander, or a higher grade. 
"(B) Other selected acquisition positions not covered by 
subparagraph (A), including the following: 
"(i) Program executive officer. 
"(ii) Program manager of a major defense acquisition 
program (as defined in section 2430 of this title) or of a 
significant nonmajor defense acquisition program (as de-
fined in section 1736(a)(3) of this title). 
"(iii) Deputy program manager of a major defense ac-
quisition program. 
"(C) Any other acquisition position of significant responsibil-
ity in which the primary duties are supervisory or management 
duties. 
"(2) The Secretary shall periodically publish a list of the positions 
designated under this subsection. 
"§ 1734. Career development 
"(a) THREE-YEAR ASSIGNMENT PERIOD.—(1) Except as provided 
under subsection (b), the Secretary of each military department, 
acting through the service acquisition executive for that depart-
ment, shall provide that, on and after October 1, 1993, any person 
who is assigned to a critical acquisition position shall be assigned to 
the position for not fewer than three years. Except as provided in 
subsection (d), the Secretary concerned may not reassign a person 
from such an assignment before the end of the three-year period. 
"(2) A person may not be assigned to a critical acquisition position 
unless the person executes a written agreement to remain on active 
duty (in the case of a member of the armed forces) or to remain in 
Federal service (in the case of an employee) in that position for at 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1647 
least three years. The service obhgation contained in such a written 
agreement shall remain in effect unless and until waived by the 
Secretary concerned under subsection (b). 
"(b) ASSIGNMENT PERIOD FOR PROGRAM MANAGERS.—(1) The Sec- Regulations, 
retary of Defense shall prescribe in regulations— 
"(A) a requirement that, on and after October 1, 1991, a 
program manager and a deputy program manager of a major 
defense acquisition program be assigned to the position at least 
until completion of the major milestone that occurs closest in 
time to the date on which the person has served in the position 
for four years; and 
"(B) a requirement that, on and after October 1, 1991, to the 
maximum extent practicable, a program manager who is the 
replacement for a reassigned program manager arrive at the 
assignment location before the reassigned program manager 
leaves. 
Except as provided in subsection (d), the Secretary concerned may 
not reassign a program manager or deputy program manager from 
such an assignment until after such major milestone has occurred. 
"(2) A person may not be assigned to a critical acquisition position 
as a program manager or deputy program manager of a major 
defense acquisition program unless the person executes a written 
agreement to remain on active duty (in the case of a member of the 
armed forces) or to remain in Federal service (in the case of an 
employee) in that position at least until completion of the first major 
milestone that occurs closest in time to the date on which the person 
has served in the position for four years. The service obligation 
contained in such a written agreement shall remain in effect unless 
and until waived by the Secretary concerned under subsection (d). 
"(c) MAJOR MILESTONE REGULATIONS.—(1) The Secretary of 
De-
fense shall issue regulations defining what constitutes major mile-
stones for purposes of this section. The service acquisition executive 
of each military department shall establish major milestones at the 
beginning of a major defense acquisition program consistent with 
such regulations and shall use such milestones to determine the 
assignment period for program managers and deputy program man-
agers under subsection (b). 
"(2) The regulations shall require that major milestones be clearly 
definable and measurable events that mark the completion of a 
significant phase in a major defense acquisition program and that 
such milestones be the same as the milestones contained in the 
baseline description established for the program pursuant to section 
2435(a) of this title. The Secretary shall require that the major 
milestones as defined in the regulations be included in the Selected 
Acquisition Report required for such program under section 2432 of 
this title. 
"(d) WAIVER OF ASSIGNMENT PERIOD.—(1) With respect to a person 
assigned to a critical acquisition position, the Secretary concerned 
may waive the prohibition on reassignment of that person (in 
subsection (a)(1) or (b)(1)) and the service obligation in an agreement 
executed by that person (under subsection (a)(2) or (b)(2)), but only in 
exceptional circumstances in which a waiver is necessary for 
reasons permitted in regulations prescribed by the Secretary of 
Defense. 
"(2) The authority to grant such waivers may be delegated by the 
service acquisition executive of a military department only to the 
104 STAT. 1648 
PUBLIC LAW 101-510—NOV. 5, 1990 
Director of Acquisition Career Management for the military depart-
ment. 
"(3) With respect to each waiver granted under this subsection, 
the service acquisition executive (or his delegate) shall set forth in a 
written document the rationale for the decision to grant the waiver. 
The document shall be submitted to the Director of Acquisition 
Education, Training, and Career Development. 
"(e) ROTATION POLICY.—(1) The Secretary of Defense shall estab-
lish a policy encouraging the rotation of members of an Acquisition 
Corps serving in critical acquisition positions to new assignments 
after completion of five years of service in such positions, or, in the 
case of a program manager, after completion of a major program 
milestone, whichever is longer. Such rotation policy shall be de-
signed to ensure opportunities for career broadening assignments 
and an infusion of new ideas into critical acquisition positions. 
"(2) The Secretary of Defense shall establish a procedure under 
which the assignment of each person assigned to a critical acquisi-
tion position shall be reviewed on a case-by-case basis, by the 
acquisition career program board of the department concerned, for 
the purpose of determining whether the Government and such 
person would be better served by a reassignment to a different 
position. Such a review shall be carried out with respect to each 
such person not later than five years after that person is assigned to 
a critical position. 
Regulations. 
"(f) CENTRALIZED JoB REFERRAL SYSTEM.—The Secretary of De-
fense shall prescribe regulations providing for the use of centralized 
lists to ensure that persons are selected for critical positions without 
regard to geographic location of applicants for such positions. 
"(g) EXCHANGE PROGRAM.—(1) The Secretary of Defense shall 
establish, for purposes of broadening the experience of members of 
each Acquisition Corps, a test program in which members of a Corps 
serving in a military department or Defense Agency are assigned or 
detailed to an acquisition position in another department or agency. 
Under the test program, the Secretary of Defense shall ensure that, 
to the maximum extent practicable, at least 5 percent of the mem-
bers of the Acquisition Corps shall serve in such exchange assign-
ments each year. The test program shall operate for not less than a 
period of three years. 
"(2) The Secretary of Defense shall submit the portion of the test 
program applicable to civilian employees to the Director of the 
Office of Personnel Management for approval. If the Director does 
not disapprove that portion of the test program within 30 days after 
the date on which the Director receives it, that portion of the test 
program is deemed to be approved by the Director. 
"(h) RESPONSIBILITY FOR ASSIGNMENTS.—The Secretary of each 
military department, acting through the service acquisition execu-
tive for that department, is responsible for making assignments of 
civilian and military members of the Acquisition Corps of that 
military department to critical acquisition positions. 
"§ 1735. Education, training, and experience requirements for 
critical acquisition positions 
"(a) QUALIFICATION REQUIREMENTS.—In establishing the edu-
cation, training, and experience requirements under section 1723 of 
this title for critical acquisition positions, the Secretary of Defense 
shall, at a minimum, include the requirements set forth in subsec-
tions (b) through (e). 
PUBLIC LAW 101-510-NOV. 5, 1990 
104 STAT. 1649 
"(b) PROGRAM MANAGERS AND DEPUTY PROGRAM MANAGERS.— 
Before being assigned to a position as a program manager or deputy 
program manager of a major defense acquisition program or a 
significant nonmajor defense acquisition program, a person— 
"(1) must have completed the program management course at 
the Defense Systems Management College or a management 
program at an accredited educational institution determined to 
be comparable by the Secretary of Defense; 
"(2) must have executed a written agreement as required in 
section 1734(b)(2); and 
"(3) in the case o
f
— 
"(A) a program manager or deputy program manager of a 
major defense acquisition program, must have at least eight 
years of experience in acquisition, at least two years of 
which were performed in a systems program office or simi-
lar organization; and 
"(B) a program manager or deputy program manager of a 
significant nonmajor defense acquisition program, must 
have at least six years of experience in acquisition. 
"(c) PROGRAM EXECUTIVE OFFICERS.—Before being assigned to a 
position as a program executive officer, a person— 
"(1) must have completed the program management course at 
the Defense Systems Management College or a management 
program at an accredited educational institution in the private 
sector determined to be comparable by the Secretary of Defense, 
acting through the Under Secretary of Defense for Acquisition; 
"(2) must have at least 10 years experience in an acquisition 
position, at least four years of which were performed while 
assigned to a critical acquisition position; and 
"(3) must have held a position as a program manager or a 
deputy program manager. 
"(d) GENERAL AND FLAG OFFICERS AND CIVILIANS IN EQUIVALENT 
POSITIONS.—Before a general or flag officer, or a civilian serving in a 
position equivalent in grade to the grade of such an officer, may be 
assigned to a critical acquisition position, the person must have at 
least 10 years experience in an acquisition position, at least four 
years of which were performed while assigned to a critical acquisi-
tion position. 
"(e) SENIOR CONTRACTING OFFICIALS.—Before a person may 
be 
assigned to a critical acquisition position as a senior contracting 
official, the person must have at least four years experience in 
contracting. 
"§ 1736. Applicability 
"(a) IN GENERAL.—Except as provided in subsections (b) and (c), 
the qualification requirements prescribed pursuant to section 1735 
shall apply to all critical acquisition positions not later than 
October 1,1992. 
"(b) PROGRAM MANAGERS.—The qualification requirements pre-
scribed pursuant to section 1735 shall apply with respect to pro-
gram manager positions not later than October 1,1991. 
"(c) EXCEPTIONS.—The qualification 
requirements 
prescribed 
pursuant to sections 1733(a) and 1735(a) shall not apply— 
"(1) to an employee who is serving in a critical acquisition 
position on October 1, 1992, for purposes of qualifying to con-
tinue to serve in such position; or 
104 STAT. 1650 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(2) to a person who is serving in a program manager position 
on October 1, 1991, for purposes of qualifjdng to continue to 
serve in such position. 
"§ 1737. DeHnitions and general provisions 
"(a) DEFINITIONS.—In this subchapter: 
"(1) The term 'program manager' means, with respect to a 
defense acquisition program, the member of an Acquisition 
Corps responsible for managing the program, regardless of the 
title given the member. 
"(2) The term 'deputy program manager' means the person 
who has authority to act on behalf of the program manager in 
the absence of the program manager. 
"(3) The term 'significant nonmajor defense acquisition pro-
gram' means a Department of Defense acquisition program that 
is not a major defense acquisition program (as defined in section 
2430 of this title) and that is estimated by the Secretary of 
Defense to require an eventual total expenditure for research, 
development, test, and evaluation of more than $50,000,000 
Glased on fiscal year 1980 constant dollars) or an eventual total 
expenditure for procurement of more than $250,000,000 (based 
on fiscal year 1980 constant dollars). 
"(4) The term 'program executive officer' has the meaning 
given such term in regulaltions prescribed by the Secretary of 
Defense. 
"(5) The term 'senior contracting official' means a director of 
contracting, or a principal deputy to a director of contracting, 
serving in the office of the Secretary of a military department, 
the headquarters of a military department, the head of a De-
fense Agency, a subordinate command headquarters, or in a 
major systems or logistics contracting activity in the Depart-
ment of Defense. 
"(b) LIMITATION.—Any civilian or military member of the Corps 
who does not meet the education, training, and experience require-
ments for a criticed acquisition position established under this sub-
chapter may not carry out the duties or exercise the authorities of 
that position, except for a period not to exceed six months, unless a 
waiver of the requirements is granted under subsection (c). 
"(c) WAIVER.—(1) The Secretary of each military department 
(acting through the service acquisition executive for that depart-
ment) or the Secretary of Defense (acting through the Under Sec-
retary of Defense for Acquisition) for Defense Agencies and other 
components of the Department of Defense may waive, on a case-by-
case basis, the requirements established under this subchapter with 
respect to the assignment of an individual to a particular critical 
acquisition position. Such a waiver may be granted only if unusual 
circumstances justify the waiver or if the Secretary concerned (or 
official to whom the waiver authority is delegated) determines that 
the individual's qualifications obviate the need for meeting the 
education, training, and experience requirements established under 
this subchapter. 
"(2) The authority to grant such waivers may be delegated— 
"(A) in the case of the service acquisition executives of the 
military departments, only to the Director of Acquisition Career 
Management for the military department concerned; and 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1651 
"(B) in the case of the Under Secretary of Defense for Acquisi-
tion, only to the Director of Acquisition, Education, Training, 
and Career Development. 
"(d) 0PM APPROVAL.—The Secretary of Defense shall submit any 
requirement with respect to civilian employees established under 
this subchapter to the Director of the Office of Personnel Manage-
ment for approval. If the Director does not disapprove the require-
ment within 30 days after the date on which the Director receives 
the requirement, the requirement is deemed to be approved by the 
Director. 
"SUBCHAPTER IV—EDUCATION AND TRAINING 
"Sec. 
"1741. Policies and programs: establishment and implementation. 
. 
"1742. Intern program. 
"1743. Cooperative education program. 
"1744. Scholarship program. 
"1745. Additional education and training programs available to acquisition person-
nel. 
"1746. Defense acquisition university structure. 
"§ 1741. Policies and programs: establishment and implementation 
"(a) POLICIES AND PROCEDURES.—The Secretary of Defense shall 
establish policies and procedures for the establishment and im-
plementation of the education and training programs authorized by 
this subchapter. 
"(b) FUNDING LEVELS.—The Under Secretary of Defense for Ac-
quisition each year shall recommend to the Secretary of Defense the 
funding levels to be requested in the defense budget to implement 
the education and training programs under this subchapter. The 
Secretary of Defense shall set forth separately the funding levels 
requested for such programs in the Department of Defense budget 
justification documents submitted in support of the President's 
budget submitted to Congress under section 1105 of title 31. 
"(c) PROGRAMS.—The Secretary of each military department, 
acting through the service acquisition executive for that depart-
ment, shall establish and implement the education and training 
programs authorized by this subchapter. In carrying out such 
requirement, the Secretary concerned shall ensure that such pro-
grams are established and implemented throughout the military 
department concerned and, to the maximum extent practicable, 
uniformly with the programs of the other military departments. 
"§ 1742. Intern program 
"The Secretary of Defense shall require that each military depart-
ment conduct an intern program for purposes of providing highly 
qualified and talented individuals an opportunity for accelerated 
promotions, career broadening assignments, and specified training 
to prepare them for entry into the Acquisition Corps. 
"§ 1743. Cooperative education program 
"The Secretary of Defense shall require that the Secretary of each 
military department conduct a department-wide cooperative edu-
cation credit program under which students are employed by the 
Department of Defense in acquisition positions. Under the program, 
the Secretary shall enter into cooperative arrangements with one or 
more accredited institutions of higher education which provide for 
104 STAT. 1652 
PUBLIC LAW 101-510—NOV. 5, 1990 
such institutions to grant undergraduate credit for work performed 
in such a position. 
"§ 1744. Scholarship program 
"(a) EsTABUSHMENT.—The Secretary of Defense shall establish a 
scholarship program for the purpose of qualif5dng personnel for 
acquisition positions in the Department of Defense. 
' (b) ELIGIBILITY.—To be eligible to participate in the scholarship 
program, an individual must— 
"(1) be accepted for enrollment or be currently enrolled as a 
full-time student at an accredited educational institution 
authorized to grant baccalaureate or graduate degrees (as 
appropriate); 
"(2) be pursuing a course of education that leads toward 
completion of a bachelor's, master's, or doctor's degree (as 
appropriate) in a qualifying field of study, as determined by the 
Secretary of Defense; 
"(3) sign an agreement described in subsection (c) under 
which the participant agrees to serve a period of obligated 
service in the Department of Defense in an acquisition position 
in return for payment of educational assistance as provided in 
the agreement; and 
"(4) meet such other requirements as the Secretary pre-
scribes. 
"(c) AGREEMENT.—An agreement between the Secretary of De-
fense and a participant in the scholarship program established 
. under this section shall be in writing, shall be signed by the partici-
pant, and shall include the following provisions: 
"(1) The Secretary's agreement to provide the participant 
with educational assistance for a specified number (from one to 
four) of school years during which the participant is pursuing a 
course of education in a qualifying field of study. The assistance 
may include payment of tuition, fees, books, laboratory ex-
penses, and a stipend. 
"(2) The participant's agreement (A) to accept such edu-
cational assistance, (B) to maintain enrollment and attendance 
in the course of education until completed, (C) while enrolled in 
such course, to maintain an acceptable level of academic stand-
ing (as prescribed by the Secretary), and (D) after completion of 
the course of education, to serve as a full-time employee in an 
acquisition position in the Department of Defense for a period of 
time of one calendar year for each school year or part thereof 
for which the participant was provided a scholarship under the 
scholarship program. 
"(d) REPAYMENT.—(1) Any person participating in a program 
established under this section shall agree to pay to the United 
States the total amount of educational assistance provided to the 
person under the program if the person is voluntarily separated 
from service or involuntarily separated for cause from the Depart-
ment of Defense before the end of the period for which the person 
has agreed to continue in the service of the Department of Defense 
in an acquisition position. 
"(2) If an employee fails to fulfill his gigreement to pay to the 
Government the total amount of educational assistance provided to 
the person under the program, a sum equal to the amount of the 
educational assistance is recoverable by the Government from the 
employee or his estate by— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1653 
"(A) setoff against accrued pay, compensation, amount of 
retirement credit, or other amount due the employee from the 
Government; and 
"(B) such other method as is provided by law for the recovery 
of amounts owing to the Government. 
"(3) The Secretary may waive in whole or in part a required 
repayment under this subsection if the Secretary determines the 
recovery would be against equity and good conscience or would be 
contrary to the best interests of the United States. 
"§ 1745. Additional education and training programs available to 
acquisition personnel 
"(a) TUITION REIMBURSEMENT AND TRAINING.—The Secretary of 
Defense shall provide for tuition reimbursement and training 
(including a full-time course of study leading to a degree) under 
section 4107(d) of title 5 for acquisition personnel in the Department 
of Defense for the purposes described in that section. For purposes of 
such section 4107(d), there is deemed to be, until September 30, 2001, 
a shortage of qualified personnel to serve in acquisition positions in 
the Department of Defense. 
"(b) REPAYMENT OF STUDENT LOANS.—The Secretary of Defense 
may repay all or part of a student loan under section 5379 of title 5 
for an employee of the Department of Defense appointed to an 
acquisition position. 
"§ 1746. Defense acquisition university structure 
"(a) DEFENSE ACQUISITION UNIVERSITY STRUCTURE.—(1) The Sec-
retary of Defense, acting through the Under Secretary of Defense 
for Acquisition, shall establish and maintain a defense acquisition 
university structure to provide for— 
"(A) the professional educational development and training of 
the acquisition workforce; and 
"(B) research and analysis of defense acquisition policy issues 
from an academic perspective. 
"(b) CIVILIAN FACULTY MEMBERS.—(1) The Secretary of Defense 
may employ as many civilians as professors, instructors, and lectur-
ers in the defense acquisition university structure as the Secretary 
considers necessary. 
"(2) The compensation of persons employed under this subsection 
shall be as prescribed by the Secretary. 
"(3) In this subsection, the term 'defense acquisition university' 
includes the Defense Systems Management College. 
"SUBCHAPTER V—GENERAL MANAGEMENT PROVISIONS 
"Sec. 
"1761. Management information system. 
"1762. Report to Secretary of Defense. 
"1763. Reassignment of authority. 
"1764. Authority to establish different minimum experience requirements. 
"§ 1761. Management information system 
"(a) IN GENERAL.—The Secretary of Defense shall prescribe regu- Regulations, 
lations to ensure that the military departments and Defense 
Agencies establish a management information system capable of 
providing standardized information to the Secretary on persons 
serving in acquisition positions. 
104 STAT. 1654 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(b) 
MINIMUM 
INFORMATION.—The management 
information 
system shall, at a minimum, provide for— 
Records. 
"(1) the collection and retention of information concerning 
the qualifications, assignments, and tenure of persons in the 
acquisition workforce; 
"(2) any exceptions and waivers granted with respect to the 
application of qualification, assignment, and tenure policies, 
procedures, and practices to such persons; 
"(3) relative promotion rates for military personnel in the 
acquisition workforce; and 
"(4) collection of the information necessary for the Under 
Secretary of Defense for Acquisition and the Secretary of De-
fense to comply with the requirements of section 1762 for the 
years in which that section is in effect. 
"§ 1762. Report to Secretary of Defense 
"(a) REPORT OF UNDER SECRETARY OF DEFENSE FOR ACQUISITION.— 
Each year the Under Secretary of Defense for Acquisition shall 
transmit to the Secretary of Defense a report on the status of the 
defense acquisition workforce. Each annual report shall include, for 
each military department and Defense Agency and the Office of the 
Secretary of Defense, information on each category of information 
referred to in subsection (c). 
"(b) INCLUSION OF INFORMATION IN ANNUAL REPORT.—The Sec-
retary of Defense shall include in the annual report of the Secretary 
to Congress under section 113(c) of this title the information in the 
report transmitted to the Secretary under subsection (a). 
"(c) INFORMATION.—The following information shall be included in 
the report transmitted to the Secretary under subsection (a) for the 
period covered by the report (which shall be shown for the Depart-
ment of Defense as a whole and, with respect to paragraphs (1) 
through (12), separately for the Army, Navy, Air Force, Marine 
Corps, Defense Agencies, and Office of the Secretary of Defense): 
"(1) The number of acquisition positions specified under the 
policy established under section 1722(b)(2) of this title as being 
available, as of December 1 of the period covered by the report, 
only to members of the armed forces, set forth separately under 
each criterion established in the policy, together with a discus-
sion of the types of positions that are so specified. 
"(2) The total number of persons serving in the Acquisition 
Corps as of December 1 of the period covered by the report, set 
forth separately for members of the armed forces and civilian 
employees, by grade level and by functional specialty. 
"(3) The total number of critical acquisition positions held as 
of December 1 of the period covered by the report, set forth 
separately for members of the armed forces and civilian employ-
ees, by grade level and by other appropriate categories (includ-
ing by program manager, deputy program manager, and 
division head positions). For each such category, the report shall 
specify the number of civilians holding such positions compared 
to the total number of positions filled. 
"(4)(A) The promotion rate for officers in an acquisition corps 
considered for promotion from within the promotion zone, com-
pared with the promotion rate for other officers considered for 
promotion from within the promotion zone in the same pay 
grade, shown for all officers of the same armed force and for all 
line (or the equivalent) officers of the same armed force. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1655 
"(B) The promotion rate for officers in an acquisition corps 
considered for promotion from below the promotion zone, com-
pared in the same manner as specified in subparagraph (A). 
"(C) If the promotion rates fail to meet the objective of section 
1731(b) of this title, the Secretary of Defense shall notify Con-
gress of such failures and of what actions the Secretary has 
taken or plans to take in reaction to such failures. 
"(5) The number of employees who met the requirement of 
section 1724(a)(3) or section 1724(b) of this title by passing an 
exam as described in section 1724(a)(3)(C), set forth separately 
for contracting officers and persons in the GS-1102 occupational 
series. 
"(6) The number of employees to whom the requirements of 
subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this title did 
not apply because of the exceptions provided in paragraphs (1) 
and (2) of section 1732(c) of this title, set forth separately by type 
of exception. 
"(7) The number of employees certified by an acquisition 
career program board under section 1732(b)(2)(A)(ii) of this title. 
"(8) The number of program managers and deputy program 
managers who were reassigned after completion of a major 
milestone occurring closest in time to the date on which the 
person has served in the position for four years (as required 
under section 1734(b) of this title), and the proportion of those 
reassignments to the total number of reassignments of program 
managers and deputy program managers, set forth separately 
for program managers and deputy program managers. The 
Secretary also shall include the average length of assignment 
served by program managers and deputy program managers so 
reassigned. 
"(9) The number of persons, excluding those reported under 
paragraph (8), in critical acquisition positions who were re-
assigned after a period of three years or longer (as required 
under section 1734(a) of this title), and the proportion of those 
reassignments to the total number of reassignments of persons, 
excluding those reported under paragraph (8), in critical acquisi-
tion positions. 
"(10) The number of times a waiver authority was exercised 
under section 1724(d), 1732(d), 1734(d), or 1736(c) of this title or 
any other provision of this chapter (or other provision of law) 
which permits the waiver of any requirement relating to the 
acquisition workforce, and in the case of each such authority, 
the reasons for exercising the authority. The Secretary may 
present the information provided under this paragraph by cat-
egory or grouping of types of waivers and reasons. 
"(11) The number of persons reviewed for reassignment 
pursuant to section 1734(e)(2) of this title and the number of 
persons reassigned as a result of such reviews, together with a 
discussion of the criteria used to determine reassignments. 
"(12) The number of persons participating in each of the 
programs described in sections 1742 through 1745 of this title, as 
of December 1 of the period covered by the report. 
"(13) The number of persons paid a bonus under section 317 of 
title 37 and the number of years of service agreed to, for each 
such bonus, by category. 
"(14) Such other information and comparative data as the 
Secretary of Defense considers appropriate to demonstrate the 
104 STAT. 1656 
PUBLIC LAW 101-510-NOV. 5, 1990 
performance of the Department of Defense and the performance 
of each military department in carrying out this chapter. 
"(d) EFFECTIVE DATE.—The requirements of this section shall 
apply to the years 1991 through 1998. 
"§ 1763. Reassignment of authority 
"On and after October 1, 1993, the Secretary of Defense may 
assign the responsibilities under this chapter of the Under Secretary 
of Defense for Acquisition to any other civilian official in the Office 
of the Secretary of Defense who is appointed by the President by and 
with the advice and consent of the Senate. If the Secretary takes 
action under the preceding sentence, he may authorize the secretar-
ies of the military departments to assign the responsibilities of a 
senior acquisition executive under this chapter to any other civilian 
official in the military department who is appointed by the Presi-
dent by and with the advice and consent of the Senate. 
"§ 1764. Authority to establish different minimum experience 
requirements 
"(a) AUTHORITY.—During the six-year period beginning on Octo-
ber 1, 1992, and ending on September 30, 1998, the Secretary of 
Defense may prescribe a different minimum number of years of 
experience to be required for eligibility for appointment to an 
acquisition position referred to in subsection (b) than is required for 
such position under or pursuant to any provision of this chapter. 
Any requirement prescribed under this section for a position re-
ferred to in any paragraph of subsection (b) shall be applied uni-
formly to all positions referred to in such paragraph. 
"(b) APPUCABILITY.—This section applies to the following acquisi-
tion positions in the Department of Defense: 
"(1) Contracting officer. 
"(2) Program executive officer. 
"(3) Senior contracting official. 
"(c) 0PM APPROVAL.—The Secretary of Defense shall submit any 
requirement with respect to civilian employees that is prescribed 
under this section to the Director of the Office of Personnel Manage-
ment for approval if the Director does not disapprove the require-
ment within 30 days after the date on which the Director receives 
the requirement, the requirement is deemed to be approved by the 
Director. 
"(d) REPORT.—The Secretary of Defense shall notify Congress of 
each requirement prescribed under subsection (a) together with his 
reasons for prescribing such requirement.". 
(b) CLERICAL AMENDMENT.—The tables of chapters at the begin-
ning of subtitle A of title 10, United States Code, and at the 
beginning of part II of such subtitle are each amended by striking 
^ 
out the item relating to chapter 85 and inserting in lieu thereof the 
following: 
"87. Defense Acquisition Workforce 
1701". 
SEC. 1203. SPECIAL PAY FOR CERTAIN OFFICERS HOLDING CRITICAL AC-
QUISITION POSITIONS. 
(a) AUTHORITY FOR SPECIAL PAY.—(1) Chapter 5 of title 37, United 
States Code, is amended by adding at the end the following new 
section: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1657 
*
*
§ 317. Special pay: ofHcers in critical acquisition 
positions 
extending period of active duty 
"(a) BONUS AUTHORIZED.—An officer described in subsection (b) 
who executes a written agreement to remain on active duty in a 
critical acquisition position for at least one year may, upon the 
acceptance of the agreement by the Secretary concerned, be paid a 
retention bonus as provided in this section. 
"(b) COVERED OFFICERS.—An officer referred to in subsection (a) is 
an officer of the Army, Navy, Air Force, or Marine Corps who— 
"(1) is a member of an Acquisition Corps selected to serve in, 
or serving in, a critical acquisition position designated under 
section 1733 of title 10; and 
"(2) is eligible to retire, or is assigned to such position for a 
period that will extend beyond the date on which the officer will 
be eligible to retire, under any provision of law. 
"(c) AMOUNT OF BONUS.—The amount of a bonus paid under this 
section for each year a member agrees to remain on active duty may 
not be more than 15 percent of the annual rate of basic pay paid to 
the member at the time the member executes a written agreement 
under this section. 
"(d) PAYMENT OF BONUS.—Upon the acceptance of a written agree-
ment under subsection (a) by the Secretary concerned, the total 
amount payable pursuant to the agreement becomes fixed and may 
be paid by the Secretary in either a lump sum or installments. 
"(e) ADDITIONAL PAY.—A bonus paid under this section is in 
addition to other pay and allowances to which an officer is entitled. 
"(f) REPAYMENT OF BONUS.—(1) If an officer who has entered into a 
written agreement under subsection (a) and who has received all or 
part of a bonus under this section fails to complete the total period 
of active duty specified in the agreement, the Secretary concerned 
may require the officer to repay the United States, on a pro rata 
basis and to the extent that the Secretary determines conditions and 
circumstances warrant, all sums paid under this section. 
"(2) An obligation to repay the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States. 
"(3) A discharge in bankruptcy under title 11 that is entered less 
than 5 years after the termination of a written agreement entered 
into under subsection (a) does not discharge the officer signing the 
agreement from a debt arising under such agreement or under 
paragraph (1). This paragraph applies to any case commenced under 
title 11 after January 1,1991. 
"(g) PERIOD OF COMMITMENT.—The period of active duty agreed 
upon by an officer in a written agreement under this section is in 
addition to any other service commitment of the officer, except that 
any period of active duty agreed upon in a written agreement under 
subsection (a)(2) or 03X2) of section 1734 of title 10 by the officer may 
be counted concurrently with the commitment under this section. 
"(h) REGULATIONS.—The Secretaries concerned shall prescribe 
regulations to carry out this section. Regulations prescribed by the 
Secretary of a military department shall be subject to the approval 
of the Secretary of Defense.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"317. Special pay: officers in critical acquisition positions extending period of active 
duty.". 
Regulations. 
104 STAT. 1658 
PUBLIC LAW 101-510—NOV. 5, 1990 
37 use 317 note. 
(b) EFFECTIVE DATE.—Section 317 of title 37, United States Code, 
as added by subsection (a), shall take effect as of October 1, 1991. 
SEC. 1204. DEFINITION OF SERVICE ACQUISITION EXECUTIVE 
Section 101 of title 10, United States Code, is amended by adding 
at the end the following: 
"(46) The term 'service acquisition executive' means the ci-
vilian official within a military department who is designated as 
the service acquisition executive for purposes of regulations and 
procedures providing for a service acquisition executive for that 
military department.", 
10 use 1746 
SEC. 1205. DEFENSE ACQUISITION UNIVERSITY STRUCTURE 
(a) ESTABLISHMENT OF STRUCTURE.—Not later than October 1, 
1991, the Secretary of Defense, acting through the Under Secretary 
of Defense for Acquisition, shall prescribe regulations for the initial 
structure for a defense acquisition university under section 1746 of 
title 10, United States Code (as added by section 1202). The regula-
tions shall include the following: 
(1) Operation under a charter developed by the Secretary of 
Defense. 
(2) Establishment of a university mission to achieve objectives 
formulated by the Secretary of Defense. Such objectives shall 
include— 
(A) the achievement of more efficient and effective use of 
available acquisition resources by coordinating Department 
of Defense acquisition education and training programs and 
tailoring them to support the careers of personnel in ac-
quisition positions; and 
(B) the development of education, training, research, and 
publication capabilities in the area of acquisition. 
(3) Establishment of appropriate lines of authority (including 
relationships between the university and each of the existing 
acquisition education and training institutions and activities) 
and accountability for the accomplishment of the university 
mission (as established by the Secretary). 
(4) A coherent framework for the educational development of 
personnel in acquisition positions. Such framework shall cover 
courses of instruction from the basic level through intermediate 
and senior levels. At the senior level, the framework shall 
provide for a senior course as a substitute for, and equivalent to, 
existing senior professional military educational school courses, 
specifically designed for personnel serving in critical acquisition 
positions. 
(5) Appropriate organizations, such as a policy guidance coun-
cil, composed of senior Department of Defense officials, to rec-
ommend or establish policy, and a board of visitors, composed of 
persons selected for their preeminence in the fields of academia, 
business, and the defense industry, to advise on organization 
management, curricula, methods of instruction, facilities, and 
other matters of interest to the university. 
(6) An appropriate centralized mechanism, under the Under 
Secretary of Defense for Acquisition, to control the allocation of 
resources for purposes of conducting mandatory acquisition 
courses and other training, education, and research activities to 
achieve the objectives of the university, such as funding for 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1659 
students to attend courses of instruction, funding to conduct the 
courses, and funding to pay instructor salaries, 
(b) IMPLEMENTATION.—Not later than October 1, 1991, the Sec-
retary of Defense, acting through the Under Secretary of Defense 
for Acquisition, shall prescribe and submit to the Committees on 
Armed Services of the Senate and House of Representatives an 
implementation plan, including a charter, for the defense acquisi-
tion university structure. Not later than August 1, 1992, the Sec-
retary of Defense shall carry out the implementation plan. 
SEC. 1206. ACQUISITION WORKFORCE ENHANCEMENTS 
(a) DEGREE TRAINING.—Section 4107 of title 5, United States Code, 
is amended— 
(1) in subsection (c), by striking "This" and inserting "Except 
as provided in subsection (d) of this section, this"; and 
(2) by inserting after subsection (c) the following: 
"(d)(1) The regulations prescribed under section 4118 of this title 
shall include provisions under which the head of an agency may 
provide training, or payment or reimbursement for the costs of any 
training, not otherwise allowable under subsection (c) of this section, 
if necessary to assist in the recruitment or retention of employees in 
occupations in which the Government has or anticipates a shortage 
of qualified personnel, especially in occupations involving critical 
skills (as defined under such regulations). 
"(2) In exercising any authority under this subsection, an agency 
shall, consistent with the merit system principles set forth in para-
graphs (1) and (2) of section 2301(b) of this title, take into consider-
ation the need to maintain a balanced workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service. 
"(3) No authority under this subsection may be exercised on 
behalf of any employee occupjdng or seeking to qualify for appoint-
ment to any position which is excepted from the competitive service 
because of its confidential, policy-determining, policy-making, or 
policy-advocating character.". 
Q)) REPAYMENT OF STUDENT LOANS.—(1) Subchapter VII of chapter 
53 of title 5, United States Code, is amended by adding at the end 
the following: 
"§ 5379. Student loan repayments 
"(aXD For the purpose of this section— 
"(A) the term 'agency' means an agency under subparagraph 
(A), (B), (C), (D), or (E) of section 4101(1) of this title; and 
"(B) the term 'student loan' means— 
"(i) a loan made, insured, or guaranteed under part B of 
title IV of the Higher Education Act of 1965; 
"(ii) a loan made under part E of title IV of the Higher 
Education Act of 1965; and 
"(iii) a health education assistance loan made or insured 
under part C of title VII of Public Health Service Act or 
under part B of title VIII of such Act. 
"(2) An employee shall be ineligible for benefits under this section 
if such employee occupies a position which— 
"(A) is excepted from the competitive service because of its 
confidential, 
policy-determining, 
policy-making, 
or 
policy-
advocating character; or 
"(B) is not subject to subchapter III of this chapter. 
'^ 
104 STAT. 1660 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(b)(1) The head of an agency may, in order to recruit or retain 
highly qualified professional, technical, or administrative personnel, 
establish a program under which the agency may agree to repay (by 
direct payments on behalf of the employee) any student loan pre-
viously taken out by such employee. 
"(2) Payments under this section shall be made subject to such 
terms, limitations, or conditions as may be mutually agreed to by 
the agency and employee concerned, except that the amount paid by 
an agency under this section may not exceed— 
"(A) $6,000 for any employee in any calendar year; or 
"(B) a total of $40,000 in the case of any employee. 
"(3) Nothing in this section shall be considered to authorize an 
agency to pay any amount to reimburse an employee for any 
repayments made by such employee prior to the agency's entering 
into an agreement under this section with such employee. 
"(c)(1) An employee selected to receive benefits under this section 
must agree in writing, before receiving any such benefit, that the 
employee will— 
"(A) remain in the service of the agency for a period specified 
in the agreement (not less than 3 years), unless involuntarily 
separated; and 
"(B) if separated involuntarily on account of misconduct, or 
voluntarily, before the end of the period specified in the agree-
ment, repay to the Government the amount of any benefits 
received by such employee from that agency under this section. 
"(2) The payment agreed to under paragraph (1)(B) of this subsec-
tion may not be required of an employee who leaves the service of 
such employee's agency voluntarily to enter into the service of any 
other agency unless the head of the agency that authorized the 
benefits notifies the employee before the effective date of such 
employee's entrance into the service of the other agency that pay-
ment will be required under this subsection. 
"(3) If an employee who is involuntarily separated on account of 
misconduct or who (excluding any employee relieved of liability 
under paragraph (2) of this subsection) is voluntarily separated 
before completing the required period of service fails to repay the 
amount agreed to under paragraph (1)(B) of this subsection, a sum 
equal to the amount outstanding is recoverable by the Government 
from the employee (or such employee's estate, if applicable) by— 
"(A) setoff against accrued pay, compensation, amount of 
retirement credit, or other amount due the employee from the 
Government; and 
"(B) such other method as is provided by law for the recovery 
of amounts owing to the Government. 
The head of the agency concerned may waive, in whole or in part, a 
right of recovery under this subsection if it is shown that recovery 
would be against equity and good conscience or against the public 
interest, 
"(4) Any amount repaid by, or recovered from, an individual (or an 
estate) under this subsection shall be credited to the appropriation 
account from which the amount involved was originally paid. Any 
amount so credited shall be merged with other sums in such account 
and shall be available for the same purposes and period, and subject 
to the same limitations (if any), as the sums with which merged. 
"(d) An employee receiving benefits under this section from an 
agency shall be ineligible for continued benefits under this section 
from such agency if the employee— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1661 
"(1) separates from such agency; or 
"(2) does not maintain an acceptable level of performance, as 
determined under standards and procedures which the agency 
head shall by regulation prescribe. 
"(e) In selecting employees to receive benefits under this section, 
an agency shall, consistent with the merit system principles set 
forth in paragraphs (1) and (2) of section 2301(b) of this title, take 
into consideration the need to maintain a balanced workforce in 
which women and members of racial and ethnic minority groups are 
appropriately represented in Government service. 
"(f) Any benefit under this section shall be in addition to basic pay 
and any other form of compensation otherwise payable to the 
employee involved. 
"(g) The Director of the Office of Personnel Management, after 
consultation with heads of a representative number and variety of 
agencies and any other consultation which the Director considers 
appropriate, shall prescribe regulations containing such standards 
and requirements as the Director considers necessary to provide for 
reasonable uniformity among programs under this section.". 
(2) The table of sections for chapter 53 of title 5, United States 
Code, is amended by adding after the item relating to section 5375 
the following: 
"5379. Student loan repajmient.". 
(c) RELOCATION EXPENSES.—Section 5724a(aX2) of title 5, United 
States Code, is amended by striking out "continental" in the second 
sentence. 
(d) EXPENSES RELATED TO DEATH OF EMPLOYEES IN SPECIFIED 
CIRCUMSTANCES.—Section 5742 of title 5, United States Code, is 
amended— 
(1) in subsection (b), by inserting "continental" after "outside 
the" each place it appears in paragraphs (1) and (2); and 
(2) by adding at the end the following new subsection: 
"(e) Employees covered by this section include an employee who 
has been reassigned away from the employee's home of record 
pursuant to a mandatory mobility agreement executed as a condi-
tion of employment.". 
(e) OPTIONAL EXCLUSION OF PERFORMANCE RATINGS FOR CERTAIN 
TEMPORARY EMPLOYEES.—Section 4301(2) of title 5, United States 
Code, is amended— 
(1) by striking out "or" at the end of subparagraph (F); 
(2) by striking out "and" at the end of subparagraph (G) and 
inserting in lieu thereof "or"; and 
(3) by inserting after subparagraph (G) the following new 
subparagraph: 
"(H) an individual who (i) is serving in a position under a 
temporary appointment for less than one year, (ii) agrees to 
serve without a performance evaluation, and (iii) will not be 
considered for a reappointment or for an increase in pay based 
in whole or in part on performance; and ". 
(f) SUSPENSION OF RESTRICTIONS ON APPOINTMENT OF RETIRED 
MEMBERS OF THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF 
DEFENSE.—Section 3326 of title 5, United States Code, shall not be in 
effect for the period beginning on the date of the enactment of this 
Act and ending two years after such date. 
Equal 
employment 
opportunity. 
Regulations. 
5 u s e 3326 note. 
104 STAT. 1662 
PUBLIC LAW 101-510—NOV. 5, 1990 
(g) ADJUSTMENT OF AMOUNT PAYABLE ON THE BASIS OF DUTY AT 
REMOTE WORKSITE.—Section 5942 of title 5, United States Code, is 
amended— 
i 
(1) by inserting "(a)" before "Notwithstanding"; and 
(B) by adding at the end the following new subsection: 
"(b) Under procedures prescribed by the President, the maximum 
allowance specified in subsection (a) may be adjusted from time to 
time in the interest of recruiting and retaining employees for 
performance of duty at remote worksites.". 
(h) 
SEPARATE 
MAINTENANCE 
ALLOWANCE FOR EMPLOYEES IN 
PANAMA.—Section 5924(3) of title 5, United States Code, is amended 
by adding at the end the following: "Notwithstanding section 1217(d) 
of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes 
of this paragraph, the term 'foreign area' includes the Republic of 
Panama.". 
(i) CRITICAL-POSITION PAY AUTHORITY.— 
(1) IN GENERAL.—Subchapter VII of chapter 53 of title 5, 
United States Code, as amended by subsection (b), is further 
amended by adding at the end the following new section: 
"§ 5380. Pay authority for critical positions 
"(a) For the purpose of this section— 
"(1) the term 'agency' has the meaning given it by section 
5102; and 
"(2) the term 'position' means— 
"(A) a position to which chapter 51 applies, including a 
position in the Senior Executive Service or the Federal 
Bureau of Investigation and Drug Enforcement Administra-
tion Senior Executive Service; 
"(B) a position under the Executive Schedule under sec-
tions 5312-5317 of this title; 
"(C) a position to which section 5372 of this title applies 
(or would apply, but for this section); and 
"(D) a position to which section 5372a of this title applies 
(or would apply, but for this section). 
"(b) Authority under this section— 
"(1) may be granted or exercised only with respect to a 
position— 
"(A) which requires expertise of an extremely high level 
in a scientific, technical, professional, or administrative 
field; and 
"(B) which is critical to the agency's successful accom-
plishment of an important mission; and 
"(2) may be granted or exercised only to the extent necessary 
to recruit or retain an individual exceptionally well qualified for 
the position. 
"(c) The Office of Personnel Management may, upon the request 
of the head of an agency, grant authority to fix the rate of basic pay 
for 1 or more positions in such agency in accordance with this 
section. 
"(d)(1) The rate of basic pay fixed under this section by an agency 
head may not be less than the rate of basic pay (including any 
comparability payments) which would then otherwise be payable for 
the position involved if this section had never been enacted. 
"(2) Basic pay may not be fixed under this section at a rate greater 
than the rate payable for level I of the Executive Schedule, except 
upon written approval of the President. 
. PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1663 
"(e) The authority to fix the rate of basic pay under this section 
for a position shall terminate— 
"(1) whenever the Office determines (in accordance with such 
procedures and subject to such terms or conditions as the Office 
by regulation prescribes) that 1 or more of the requirements of 
subsection (b) are no longer met; or 
"(2) as of such date as the Office may otherwise specify, except 
that termination under this paragraph may not take effect 
before the authority has been available for such position for at 
least 1 calendar year. 
"(f) The Office may not authorize the exercise of authority under 
this section with respect to more than 800 positions at any time, of 
which not more than 30 may, at any such time, be positions the rate 
of basic pay for which would otherwise be determined under sub-
chapter II. 
"(g) The Office shall consult with the Office of Management and 
Budget before prescribing regulations under this section or making 
any decision to grant or terminate any authority under this section. 
"(h) The Office of Personnel Management shall report to the Reports. 
Committee on Post Office and Civil Service of the House of Rep-
resentatives and the Committee on Governmental Affairs of the 
Senate each year, in writing, on the operation of this section. Each 
report under this subsection shall include— 
"(1) the number of positions, in the aggregate and by agency, 
for which higher rates of pay were authorized or paid under this 
section during any part of the period covered by such report; 
and 
"(2) the name of each employee to whom a higher rate of pay 
was paid under this section during any portion of the period 
covered by such report, the rate or rates paid under this section 
during such period, the dates between which each such higher 
rate was paid, and the rate or rates that would have been paid 
but for this section.". 
(2) TABLE OP SECTIONS.—The table of sections for chapter 53 of 
title 5, United States (Dode, is amended by adding at the end the 
following new item: 
"5380. Pay authority for critical positions.". 
(3) TERMINATION.—(A) Unless section 5380 of title 5, United 
5 USC 5380 note. 
States Code, as added by paragraph (1), does not take effect as 
provided in subparagraph (B), such section shall cease to be in 
effect on the earlier of October 1, 1992, or the date of the 
enactment of the Federal Employees Pay Comparability Act of 
1990. 
(B) Section 5380 of title 5, United States C!ode, as added by 
paragraph (1), shall not take effect if the Federal Employees 
Pay Comparability Act of 1990 is enacted before the date of the 
enactment of this Act. 
(j) REEMPLOYMENT OF RETIREES.— 
(1) AMENDMENT TO 5 u.s.c. 5532.—Section 5532 of title 5, 
United States Code, is amended by adding at the end the 
following new subsection: 
"(g)(1) The Director of the Office of Personnel Management may, 
at the request of the head of an Executive agency— 
"(A) waive the application of the preceding provisions of this 
section on a C£ise-by-case basis for employees in positions for 
104 STAT. 1664 
PUBLIC LAW 101-510—NOV. 5, 1990 
which there is exceptional difficulty in recruiting or retaining a 
qualified employee; or 
"(B) grant authority to the head of such agency to waive the 
application of the preceding provisions of this section, on a case-
by-case basis, for an employee serving on a temporary basis, but 
only if, and for so long as, the authority is necessary due to an 
emergency involving a direct threat to life or property or other 
unusual circumstances. 
Regulations. 
"(2) The Office shall prescribe regulations for the exercise of any 
authority under this subsection, including criteria for any exercise 
of authority and procedures for terminating a delegation of author-
ity under paragraph (1)(B),". 
(2) AMENDMENT TO 5 u.s.c. 8344.—Section 8344 of title 5, 
United States Code, is amended by adding at the end the 
following new subsection: 
"(i)(l) The Director of the Office of Personnel Management may, 
at the request of the head of an Executive agency— 
"(A) waive the application of the preceding provisions of this 
section on a case-by-case basis for employees in positions for 
which there is exceptional difficulty in recruiting or retaining a 
qualified employee; or 
"(B) grant authority to the head of such agency to waive the 
application of the preceding provisions of this section, on a case-
by-case basis, for an employee serving on a temporary basis, but 
only if, and for so long as, the authority is necessary due to an 
emergency involving a direct threat to life or property or other 
unusual circumstances. 
Regulations. 
"(2) The Office shall prescribe regulations for the exercise of any 
authority under this subsection, including criteria for any exercise 
of authority and procedures for terminating a delegation of author-
ity under paragraph (1)(B). 
"(3) An employee to whom a waiver under subparagraph (A) or (B) 
of paragraph (1) applies shall not be deemed an employee for the 
purposes of this chapter or chapter 84 while such waiver is in 
effect.". 
(3) AMENDMENT TO 5 u.s.c. 8468.—Section 8468 of title 5, 
United States Code, is amended by adding at the end thereof the 
following new subsection: 
"(f)(1) The Director of the Office of Personnel Management may, 
at the request of the head of an Executive agency— 
"(A) waive the application of the preceding provisions of this 
section on a case-by-case basis for employees in positions for 
which there is exceptional difficulty in recruiting or retaining a 
qualified employee; or 
"(B) grant authority to the head of such agency to waive the 
application of the preceding provisions of this section, on a case-
by-case basis, for an employee serving on a temporary basis, but 
only if, and for so long as, the authority is necessary due to an 
emergency involving a direct threat to life or property or other 
unusual circumstances. 
Regulations. 
"(2) The Office shall prescribe regulations for the exercise of any 
authority under this subsection, including criteria for any exercise 
of authority and procedures for terminating a delegation of author-
ity under paragraph (1)(B). 
"(3) An employee to whom a waiver under subparagraph (A) or (B) 
of paragraph (1) applies shall not be deemed an employee for the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1665 
purposes of chapter 83 or this chapter while such waiver is in 
effect.". 
(4) TERMINATION.—(A) Unless sections 5532(g), 8344(i), and 
8468(f) of title 5, United States Code, as added by this subsec-
tion, do not take effect as provided in subparagraph (B), such 
sections shall cease to be in effect on the earlier of October 1, 
1992, or the date of the enactment of the Federal Employees 
Pay Comparability Act of 1990. 
(B) Sections 5532(g), 8344(i), and 8468(f) of title 5, United 
States Code, as added by this subsection, shall not take effect if 
the Federal Employees Pay Comparability Act of 1990 is 
enacted before the date of the enactment of this Act. 
SEC. 1207. REPEAL OF CERTAIN PROVISIONS 
(a) ASSIGNMENT OF CONTRACTING OFFICERS.—Section 925 of the 
Department of Defense Authorization Act, 1986 (10 U.S.C. 2304 note) 
is hereby repealed. 
(b) TOUR OF DUTY OF PROGRAM MANAGERS.—Subsection (c) of 
section 2435 of title 10, United States Code, is repealed, effective on 
October 1,1991. 
(c) CONFORMING CHAPTER 85 REPEALS.—(1) Section 1622 of title 10, 
United States Code (relating to program managers) is repealed 
effective October 1,1991. 
(2) For purposes of section 1623(b) of such title, beginning on 
October 1, 1991, and ending on September 30, 1992, general and flag 
officers must meet the education and experience requirements for 
program manners prescribed under section 1622(b) of such title as 
such requirements were in effect on October 1,1990. 
(3) Section 1623 of such title is repealed effective October 1, 1992. 
(4) Sections 1621 and 1624 of such title are repealed effective 
October 1,1993. 
5 use 5532 note. 
10 use 1623 
note. 
10 u s e 1701 
note. 
SEC. 1208. EVALUATION BY COMPTROLLER GENERAL 
(a) EVALUATION.—The Comptroller General shall conduct an 
independent evaluation of the actions taken by the Secretary of 
Defense to carry out the requirements of this title and the amend-
ments made by this title. Not later than two years after the date of Reports, 
the enactment of this Act, the Comptroller General shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the evaluation required by this subsec-
tion. Such report shall include— 
(1) an analysis of the effectiveness of the actions taken by the 
Secretary to carry out the requirements of this Act and the 
amendments made by this title; and 
(2) such legislative and administrative recommendations as 
the Comptroller General considers appropriate to meet the 
objectives of this title and the amendments made by this title. 
(b) ANNUAL REPORTS.—(1) For each of the years 1991 through 1998, 
the Comptroller General shall review the waiver documents submit-
ted to the Director of Acquisition Education, Training, and Career 
Development under sections 1724(d), 1732(d), and 1734(d) of this title. 
In conducting the review, the Comptroller General shall determine 
whether waivers were granted in compliance with this chapter. 
(2) The Comptroller General shall submit to Congress a report on 
the results of each review conducted pursuant to paragraph (1). The 
report shall include a general discussion of the use of the waiver 
authority provided under this chapter and an identification of any 
104 STAT. 1666 
PUBLIC LAW 101-510—NOV. 5, 1990 
10 u s e 1705 
note. 
10 u s e 1721 
note. 
10 u s e 1722 
note. 
Reports. 
10 u s e 1722 
note. 
Regulations. 
10 u s e 1734 
note. 
10 u s e 1733 
note. 
10 u s e 1733 
note. 
instances in which a waiver was not properly granted under this 
chapter. 
(3) Each report required by paragraph (2) shall be submitted to the 
Committees on Armed Services of the Senate and the House of 
Representatives not later than February 1 of the year following a 
year for which a review is conducted pursuant to paragraph (1). 
SEC. 1209. TRANSITION PROVISIONS. 
(a) LEVEL OF DIRECTOR OF ACQUISITION CAREER MANAGEMENT.— 
Effective during the three-year period beginning on the date of the 
enactment of this Act, the position of Director of Acquisition Career 
Management (as established by section 1705 of title 10, United 
States Code, as added by section 1202), may be held only by— 
(1) a civilian employee in a position in the Civil Service the 
rate of pay for which is equal to or greater than the rate of basic 
pay payable for positions in level V of the Executive Schedule 
under section 5316 of title 5, United States Code; or 
(2) a commissioned officer serving in the grade of major 
general or rear admiral or a higher grade. 
(b) DEADLINE FOR DESIGNATION OF ACQUISITION POSITIONS.—The 
designation of acquisition positions required by section 1721 of title 
10, United States Code (as added by section 1202) shall be made by 
the Secretary of Defense, acting through the Under Secretary of 
Defense for Acquisition, not later than October 1,1991. 
(c) MILITARY POSITIONS POLICY DEADLINES.—(1) The policy required 
by paragraph (2) of section 1722(b) of title 10, United States Code (as 
added by section 1202), shall be established by the Secretary of 
Defense not later than October 1,1991. 
(2) The first report required by section 1722(b)(2)(B) of title 10, 
United States Code (as added by section 1202), shall be submitted to 
the Secretary of Defense not later than September 30,1993. 
(d) ASSIGNMENTS POLICY DEADLINE.—Not later than October 1, 
1991, the Secretary of Defense shall establish, and 
require 
commencement of implementation of, an assignments policy pursu-
ant to section 1722(f) of title 10, United States Code (as added by 
section 1202). 
(e) JOB REFERRAL SYSTEM DEADLINE.—Not later than October 1, 
1991, the Secretary of Defense shall prescribe regulations required 
under section 1734(f) of title 10, United States Code (as added by 
section 1202). 
(f) EFFECTIVE DATE FOR REQUIREMENT FOR CORPS MEMBERS To FILL 
CRITICAL ACQUISITION POSITIONS.—Notwithstanding section 1733(a) 
of title 10, United States Code (as added by section 1202), the 
Secretaries of the military departments shall make every effort to 
fill critical acquisition positions by Acquisition Corps members as 
soon as possible after the date of the enactment of this Act. For each 
of the first three years after the date of the enactment of this Act, 
the report of the Under Secretary of Defense for Acquisition to the 
Secretary of Defense under section 1762 of such title shall include, 
the number of critical acquisition positions filled by Acquisition 
Corps members. 
(g) PUBLICATION OF LIST OF CRITICAL ACQUISITION POSITIONS.—The 
Secretary of Defense shall publish the first list of positions des-
ignated as critical acquisition positions under section 1733(b)(2) of 
title 10, United States Code (as added by section 1202), not later than 
October 1,1992. 
note. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1667 
(h) EFFECTIVE DATE AND CONFORMING AMENDMENT FOR CIVILIAN 
lo USC 1746 
FACULTY AUTHORITY FOR DSMC.—(1) Subsection (b) of section 1746 of "°*®-
title 10, United States Code (as added by section 1202), shall take 
effect with respect to the Defense Systems Management College on 
the date of the enactment of this Act. 
(2) Section 5102(c)(10) of title 5, United States Code, is amended— 
(A) by striking out "and" before "the Academic Dean"; and 
(B) by adding after the last semicolon the following: "civilian 
professors, instructors, and lecturers in the defense acquisition 
university structure (including the Defense Systems Manage-
ment College) whose pay is fixed under section 1746(b) of title 
10;". 
(i) CREDIT FOR EXPERIENCE IN CERTAIN POSITIONS.—For purposes of 
lO USC 1724 
meeting any requirement under chapter 87 of title 10, United States 
"°**-
Code (as added by section 1202), for a period of experience (such as 
requirements for experience in acquisition positions or in critical 
acquisition positions) and for purposes of coverage under the excep-
tions established by section 1724(c)(1) and section 1732(c)(1) of such 
title any period of time spent serving in a position later designated 
as an acquisition position or a critical acquisition position under 
such chapter may be counted as experience in such a position for 
such purposes. 
(j) TRANSITION PROVISION FOR REPORT REQUIREMENT.—Each of the ^^^Y^^ ^^^^ 
first three annual reports under section 1762(a) of title 10, United 
States Code (as added by section 1202), shall include as much 
information as is available with respect to requirements imposed 
under, or prescribed pursuant to, chapter 87 of title 10, United 
States Code (as added by such section), that have not taken effect as 
of the date of the report. 
(k) ESTABLISHMENT OF MANAGEMENT INFORMATION SYSTEM.—(1) 
lo use 1761 
Not later than October 1, 1991, the Secretary of Defense shall 
"°^-
prescribe in regulations the requirements under section 1761 of title 
10, United States Code (as added by section 1202), including data 
elements, for the uniform management information system. 
(2) The Secretary of Defense shall ensure that the requirements 
prescribed pursuant to paragraph (1) are implemented not later 
than October 1,1992. 
SEC. 1210. REGULATIONS 
10 USC 1701 
(a) IN GENERAL.—Unless otherwise provided in this title and in 
subsection (b), the Secretary of Defense shall promulgate regulations 
to implement this title and the amendments made by this title not 
later than one year after the date of the enactment of this Act. 
(b) DEADLINES FOR QUALIFICATION REQUIREMENTS.—Not later than 
October 1, 1992, the Secretary of Defense shall prescribe regulations 
to implement sections 1723, 1724, and 1732 of title 10, United States 
Code (as added by section 1202). 
SEC. 1211. EFFECTIVE DATE 
10 USC 1701 
Except as otherwise provided in this title, this title and the 
amendments made by this title, including chapter 87 of title 10, 
United States Code (as added by section 1202), shall take effect on 
the date of the enactment of this Act. 
104 STAT. 1668 
PUBLIC LAW 101-510—NOV. 5, 1990 
TITLE XIII—REDUCTION IN REPORTING REQUIREMENTS 
PART A—REPEAL OF EXISTING REPORT REQUIREMENTS 
SEC. 1301. REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE 
Title 10, United States Code, is amended as follows: 
(1) Section 117 is repealed. 
(2) Section 118 is repealed. 
(3) Section 125 is amended by striking out the second sentence 
of subsection (c). 
(4) Section 836(b) is amended by striking out "and shall be 
reported to Congress". 
(5) Section 1051 is amended— 
(A) by striking out subsections (e) and (f); and 
(B) by redesignating subsection (g) as subsection (e). 
(6) Section 2208 is amended by striking out subsection (k). 
(7) Section 2215 is repealed. 
(8) Section 2216 is repealed. 
(9) Section 2313 is amended by striking out the last sentence 
of subsection (c). 
(10) Section 2324(e)(2) is amended— 
(A) in subparagraph (A), by striking out "(A)"; and 
(B) by striking out subparagraphs (B) and (C). 
(11) Sections 2349 and 2357 are repealed. 
(12) Section 2394(b) is amended by striking out "only—" and 
pil that follows through the period and inserting in lieu thereof 
'only after the approval of the proposed contract by the Sec-
retary of Defense. . 
(13) Section 2431 is amended— 
(A) by striking out subsection (b); 
(B) by striking out "or (b)" in subsection (c); and 
(C) by redesignating subsections (c) and (d) as subsections 
(b) and (c), respectively. 
(14) Section 2463 is amended— 
(A) by striking out subsection (b); and 
(B) by redesignating subsection (c) as subsection (b). 
(15) Section 2779(b) is amended by striking out paragraph (4). 
(16) Section 2805(b) is amended by striking out paragraph (3). 
(17) Paragraph (4) of section 2822(b) is amended to read as 
follows: 
"(4) Housing units acquired without consideration.". 
(18) Section 2834 is amended— 
(A) by striking out subsection (b); and 
(B) by redesignating subsection (c) as subsection (b). 
(19) Section 2856 is amended— 
(A) in subsection (a), by striking out the subsection des-
ignation "(a)"; and 
(B) by striking out subsection (b). 
SEC. 1302. REPORTS 
AND 
NOTIFICATIONS 
REQUIRED 
BY 
ANNUAL 
AUTHORIZATION ACTS 
(a) PUBLIC LAW 101-189.—Section 852 of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-
19 use 2242 
189; 103 Stat. 1517) is amended by striking out subsection (b). 
note. 
(b) PuBUC LAW 100-456.—Section 317 of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 
1951), is amended by striking out subsection (c). 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1669 
(c) PUBLIC LAW 100-180.—Section 1201 of the National Defense 
Authorization Act for Fiscal Years 1988 and 1989 (as amended by 
section 1202 of Public Law 100-456) is amended by striking out 102 Stat. 2050. 
subsection (e). 
(d) PuBUC LAW 99-661.—Section 1207(gX4) of the National De-
fense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) is 
amended— 
(1) by striking out subparagraph (B); and 
(2) by redesignating subparagraph (C) £is subparagraph (B). 
(e) PUBLIC LAW 99-145.—Section 106(aX2) of the Department of 
Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 596) is 
amended by striking out "may be obligated—" and all that follows 
down through "(B) for acquisitions" and inserting in lieu thereof 
"may be obligated for acquisitions". 
(f) PUBLIC LAW 98-115.—Section 803(b) of the Military Construc-
tion Authorization Act, 1984 (10 U.S.C. 2821 note), is amended— 
(1) by striking out "in anv year" and all that follows through 
"the Secretary determines' and inserting in lieu thereof "in 
any year if the Secretary determines"; 
(2) by striking out "; and" and inserting in lieu thereof a 
period; and 
(3) by striking out paragraph (2). 
SEC. 1303. REPORTS REQUIRED BY OTHER LAWS 
(a) DEFENSE INDUSTRIAL RESERVE ACT.—Section 5 of the Defense 
Industrial Reserve Act (50 U.S.C. 454) is repealed. 
(b) FOREIGN ASSISTANCE ACT OF 1961.—Section 514 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321h) is amended by striking out 
subsection (e). 
(c) MILITARY SELECTIVE SERVICE ACT.—Section 18 of the Military 
Selective Service Act (50 U.S.C. App. 468) is amended in subsection 
( h ) -
(1) by striking out "(1)" after "(h)"; and 
(2) by striking out paragraph (2). 
PART B—MODIFICATIONS TO EXISTING REPORT REQUIREMENTS 
SEC. 1311. REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE 
Title 10, United States Code, is amended as follows: 
(1) Section 128(d) is amended by striking out "on a quarterly 
basis" and inserting in lieu thereof "on an annual basis'. 
(2) Section 402(d) is amended— 
(A) by striking out "At the end of each six-month period" 
and inserting in lieu thereof "Not later than July 31 each 
year"; and 
(B) by striking out "such six-month period" and inserting 
in lieu thereof "the 12-month period ending on the preced-
ing June 30". 
(3) Section 662(b) is amended by striking out "the Secretary 
shall immediately notify Congress of such failure and o f in the 
second sentence and inserting in lieu thereof "the Secretary 
shall include in the periodic report required by this subsection 
information on such failure and on". 
(4) Section 2361(c) is amended— 
(A) by striking out "a semiannual report" in paragraph 
(1) and inserting in lieu thereof "an annual report"; and 
104 STAT. 1670 
PUBLIC LAW 101-510—NOV. 5, 1990 
22 use 1928 
note. 
22 use 1928 
note. 
(B) by striking out "the six-month periods" in paragraph 
(2) and all that follows in that paragraph and inserting in 
lieu thereof "the preceding calendar year and shall be 
submitted not later than February 1 of the year after the 
year covered by the report.". 
(5) Section 2457(d) is amended by striking out "Before Feb-
ruary 1 of each year," and inserting in lieu thereof "Before 
February 1,1989, and biennially thereafter,". 
(6) Section 2662(b) is amended by striking out "$5,000" and 
inserting in lieu thereof "the small purchase threshold under 
section 2304(g) of this title". 
(7) Section 7434 is amended to read as follows: 
"§ 7434. Annual report to Armed Services Committees 
"The Secretary shall submit to the Committees on Armed Services 
of the Senate and House of Representatives an annual report on the 
production from the naval petroleum reserves during the preceding 
calendar year. Each such report shall be submitted within 30 days 
after the end of a fiscal year.". 
SEC. 1312. REPORTS REQUIRED BY ANNUAL AUTHORIZATION ACTS 
(a) PUBLIC LAW 101-189.—Section 121(d) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-
189; 103 Stat. 1379) is amended— 
(1) by striking out "BIMONTHLY" in the subsection heading 
and inserting in lieu thereof "QUARTERLY"; 
(2) by striking out "a report every two months" in paragraph 
(1) and inserting in lieu thereof "at the end of each fiscal-year 
quarter a report"; and 
(3) by striking out the first sentence of paragraph (3). 
(b) PuBUC LAW 99-661.—Section 1207(g) of the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 10 
U.S.C. 2301 note) is amended by transferring subparagraph (C) of 
paragraph (3) to the end of paragraph (4) (as amended by section 
1302(d)). 
(c) PUBLIC LAW 98-525.—The Department of Defense Authoriza-
tion Act, 1985 (Public Law 98-525), is amended— 
(1) in section 1002(dXl), hy striking out "April 1, 1985, and 
each year thereafter," and inserting in lieu thereof "April 1, 
1990, and biennially thereafter,"; 
(2) by adding at the end of section 1002(d)(2)(B) the following 
new clause: 
"(xi) Other selected indicators of NATO capability."; and 
(3) in section 1003(c), by striking out "March 1" and inserting 
in lieu thereof "April 1". 
SEC. 1313. REPORTS REQUIRED BY OTHER LAWS 
The first section of Public Law 85-804 (50 U.S.C. 1431) is amended 
by striking out "and 60 days of continuous session" and all that 
follows in the third sentence and inserting in lieu thereof a period. 
PART C—REPORT PROVISIONS PREVIOUSLY TERMINATED BY 
GOLDWATER-NICHOLS ACT 
10 use 111 note. 
SEC. 1321. PURPOSE 
(a) PURPOSE OF PART.—This part, with respect to Goldwater-Nich-
ols terminations described in subsection (b)— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1671 
(1) in section 1322, repeals certain provisions of law contain-
ing terminated report requirements; and 
(2) in section 1323, restores the effectiveness of selected other 
• provisions of law containing such requirements. 
O
b
) DESCRIPTION OF GOLDWATER-NICHOLS TERMINATIONS.—For pur-
poses of subsection (a), Goldwater-Nichols terminations are those 
provisions of law that— 
(1) set forth requirements for reports to Congress; and 
(2) by reason of section 602(c) of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
99-433; 10 U.S.C. I l l note), are no longer effective. 
SEC. 1322. REPEAL OF STATUTORY PROVISIONS TERMINATED BY GOLD-
WATER-NICHOLS ACT 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is 
amended as follows: 
(1) Section 113 is amended— 
(A) by striking out subsection (i); and 
(B) by redesignating subsections (j) through (1) as (i) 
through (k), respectively. 
(2) Section 2006(eX3) is amended by striking out "and report 
periodically" through "of the Fund and shall recommend" and 
inserting in lieu thereof "and shall recommend to the President 
and C!ongress". 
(3) Section 2113(j) is amended— 
(A) by striking out "subject to paragraph (2)," in subpara-
graphs (B), (C), and (E) of paragraph (1); 
(B) by striking out paragraph (2); and 
(C) by redesignating paragraphs (3), (4), and (5) as para-
graphs (2), (3), and (4), respectively. 
(4) Section 2307 is amended— 
(A) by striking out subsection (d); and 
(B) by redesignating subsection (e) as subsection (d). 
(5) Section 2359 is repealed. 
(6) Section 2388 is amended by striking out subsection (d). 
(7) Section 2394a(b) is amended— 
(A) by striking out "(1)" after "(b)"; and 
(B) by striking out paragraph (2). 
(8) Section 2404 is amended— 
(A) by striking out subsection (d); and 
(B) by redesignating subsection (e) as subsection (d). 
(9) Section 2455 is repealed. 
(10) Section 2547 is amended— 
(A) by striking out subsection (d); and 
(B) by redesignating subsection (e) as subsection (d). 
(11) Section 2675 is amended— 
(A) by striking out "(a)" at the beginning of the text of 
such section; and 
(B) by striking out subsection (b). 
(12) Section 2721 is amended— 
(A) by striking out "(a)"; and 
(B) by striking out subsection (b). 
(13) Section 4314 is amended by striking out the last sentence. 
(14) Section 6956 is amended— 
(A) by striking out subsection (a); and 
(B) by redesignating subsections (b), (c), and (d) as subsec-
tions (a), (b), and (c), respectively. 
104 STAT. 1672 
PUBLIC LAW 101-510—NOV. 5, 1990 
(15) Section 7217 is repealed. 
(b) TITLE 32, UNITED STATES CODE.—Section 314 of title 32, United 
States Code, is amended by striking out the last sentence of subsec-
tion (d). 
(c) TITLE 37, UNITED STATES CODE.—Title 37, United States Code, is 
amended as follows: 
(1) Sections 301a and 301c are amended by striking out subsec-
tion (e). 
(2) Section 303a(c) is amended by striking out the last 
sentence. 
(3) Section 306 is amended by striking out subsection (f). 
(4) Section 308b is amended— 
(A) by striking out subsection (e); and 
(B) by redesignating subsections (f) and (g) as subsections 
(e) and (f), respectively. 
(5) Section 308c is amended— 
(A) by striking out subsection (e); and 
(B) by redesignating subsection (f) as subsection (e). 
(6) Section 310 is amended by striking out subsection (d). 
(7) Section 312b is amended— 
(A) by striking out subsection (c); and 
(B) by redesignating subsection (d) as subsection (c). 
(8) Section 312c is amended— 
(A) by striking out subsection (d); and 
(B) by redesignating subsection (e) as subsection (d). 
(d) PUBLIC LAW 99-145.—The Department of Defense Authoriza-
tion Act, 1986 (Public Law 99-145; 99 Stat. 583 et seq.), is amended 
as follows: 
(1) Section 913 (10 U.S.C. 2301 note) is amended— 
(A) by striking out subsection (b); and 
(B) by redesignating subsection (c) as subsection (b). 
(2) Section 915 (10 U.S.C. 2431 note) is repealed. 
(e) PuBUC LAW 98-94.—Section 1260 of the Department of Defense 
Authorization Act, 1984 (Public Law 98-94; 97 Stat. 703), is amended 
by striking out the second sentence of subsection (b). 
(f) PUBLIC LAW 96-418.—Section 802 of the Military Construction 
Authorization Act, 1981 (Public Law 96-418; 10 U.S.C. 2431 note), is 
amended by striking out subsection (e). 
(g) PUBLIC LAW 94-106.—Section 808 of the Department of Defense 
Appropriation Authorization Act, 1976 (Public Law 94-106; 10 
U.S.C. 7291 note), is repealed. 
10 u s e 111 note. 
SEC. 1323. RESTORATION OF CERTAIN REPORTING REQUIREMENTS OF 
TITLE 10, UNITED STATES CODE, TERMINATED BY GOLD-
WATER-NICHOLS ACT 
(a) RESTORAL.—The effectiveness of the report and notification 
provisions named in subsection (b), previously terminated by section 
602(c) of the Goldwater-Nichols Department of Defense Reorganiza-
tion Act of 1986 (Public Law 99-433; 10 U.S.C. I l l note), is hereby 
restored. 
(b) COVERED PROVISIONS.—Subsection (a) applies to the following 
report and notification provisions set forth in title 10, United States 
Code: 
(1) The quarterly report required by section 127(c) of that title, 
relating to emergency and extraordinary expenses. 
(2) The notifications required by section 2672a(b) of that title, 
relating to urgent acquisitions of interests in land. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1673 
(3) The notifications required by section 7308(c) of that title, 
relating to the transfer or gift of obsolete, condemned, or cap-
tured vessels. 
(4) The notifications required by section 7309(b) of that title, 
relating to construction or repair of vessels in foreign shipyards. 
SEC. 1324. REPEAL OF GOLDWATER-NICHOLS REPORTS TERMINATION 
SECTION 
Section 602(c) of the Goldwater-Nichols Department of Defense 
Reorganization Act of 1986 (Public Law 99-433; 10 U.S.C. I l l note) is 
repealed. 
PART D—CLERICAL AMENDMENTS 
SEC. 1331. CLERICAL AMENDMENTS 
Title 10, United States Code, is amended as follows: 
(1) The table of sections at the beginning of chapter 2 is 
amended by striking out the items relating to sections 117 and 
118. 
(2) The table of sections at the beginning of chapter 131 is 
amended by striking out the items relating to sections 2215 and 
2216. 
(3) The table of sections at the beginning of subchapter I of 
chapter 138 is amended by striking out the item relating to 
section 2349. 
(4) Section 2350a(g) is amended by striking out that portion of 
paragraph (4) preceding clause (A) and inserting in lieu thereof 
the following: 
"(4) The Secretary of Defense shall submit to Congress each year, 
not later than March 1, a report containing information on—". 
(5) The table of sections at the beginning of chapter 139 is 
amended by striking out the items relating to sections 2357 and 
2359. 
(6) The table of sections at the beginning of chapter 145 is 
amended by striking out the item relating to section 2455. 
(7) The table of sections at the beginning of chapter 161 is 
amended by striking out the item relating to section 2721 and 
inserting in lieu thereof the following: 
"2721. Basis.". 
(8) The table of sections at the beginning of chapter 631 is 
amended by striking out the item relating to section 7217. 
(9) The item relating to section 7434 in the table of sections at 
the beginning of chapter 641 is amended to read as follows: 
"7434. Annual report to Armed Services Committees.". 
TITLE XIV—GENERAL PROVISIONS 
PART A—FINANCIAL AND BUDGET MATTERS 
SEC. 1401. TRANSFER AUTHORITY 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in this 
39-194 O - 91 - 11 : QL 3 Part 3 
104 STAT. 1674 
PUBLIC LAW 101-510—NOV. 5, 1990 
division between any such authorizations (or any subdivisions 
thereof). Amounts of authorizations so transferred shall be merged 
with and be available for the same purposes as the authorization to 
which transferred. 
(2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may not 
exceed $3,000,000,000. 
Qo) LIMITATIONS.—The authority provided by this section to trans-
fer authorizations— 
(1) may only be used to provide authority for items that have 
a higher priority than the items from which authority is trans-
ferred; and 
(2) may not be used to provide authority for an item that has 
been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made from 
one account to another under the authority of this section shall be 
deemed to increase the amount authorized for the account to which 
the amount is transferred by an amount equal to the amount 
transferred. 
(d) NOTICE TO CONGRESS.—The Secretary of Defense 
shall 
promptly notify Congress of transfers made under the authority of 
this section. 
SEC. 1402. ANNUAL MULTIYEAR DEFENSE PLAN 
(a) CLARIFICATION.—(1) Subsection (a) of section 114a of title 10, 
United States Code, is amended by striking out "the current" and 
inserting in lieu thereof "a". 
(2) Such section is further amended— 
(A) by striking out "five-year" each place it appears and 
inserting in lieu thereof "multiyear"; and 
(B) by adding at the end of subsection (a) (as amended by 
subsection (a) of this section) the following new sentence: "Any 
such multiyear defense program shall cover the fiscal year with 
respect to which the budget is submitted and at least the four 
succeeding fiscal years.". 
(3)(A) The heading of such section is amended by striking out 
"Five-year" and inserting in lieu thereof "Multiyear". 
(B) The item relating to such section in the table of sections at the 
beginning of chapter 2 of such title is amended by striking out "Five-
year" and inserting in lieu thereof "Multiyear". 
(b) SUBMISSION TO CONGRESS OF MULTIYEAR DEFENSE PROGRAM AS 
10 use 114a 
REQUIRED BY LAW.—(1) If, as of the end of the 90-day period begin-
^°^^- 
ning on the date on which the President's budget for fiscal year 1992 
is submitted to Congress, the Secretary of Defense has not submitted 
to Congress the fiscal year 1992 multiyear defense program, then 
during the 30-day period beginning on the last day of such 90-day 
period the Secretary may not obligate more than 10 percent of the 
fiscal year 1991 advance procurement funds that are available for 
obligation as of the end of that 90-day period. If, as of the end of such 
30-day period, the Secretary of Defense has not submitted to Con-
gress the fiscal year 1992 multiyear defense program, then the 
Secretary may not make any further obligation of fiscal year 1991 
advance procurement funds until such program is submitted. If the 
Secretary submits the fiscal year 1992 multiyear defense program 
during the 30-day period described in the first sentence, the limita-
tion on obligation of advance procurement funds prescribed in that 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1675 
sentence shall cease to apply effective as of the date of the submis-
sion of such program. 
(2) For purposes of this subsection: 
(A) The term "fiscal year 1992 multiyear defense program" 
means the multiyear defense program (including associated 
annexes) covering fiscal years beginning with fiscal year 1992 
required (by section 114a of title 10, United States Code) to be 
submitted to Congress in conjunction with the President's 
budget for fiscal year 1992, 
(B) The term "fiscal year 1991 advance procurement funds" 
means funds appropriated for the Department of Defense for 
fiscal year 1991 that are available for advance procurement. 
SEC. 1403. MULTIYEAR NATIONAL FOREIGN INTELLIGENCE PROGRAM 
(a) ANNUAL SUBMISSION OF MULTIYEAR NATIONAL FOREIGN INTEL-
LIGENCE PROGRAM.—The Director of Central Intelligence shall 
submit to the Committees on Armed Services and Appropriations of 
the Senate and the House of Representatives and the Select 
Committee on Intelligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Representatives each 
year a multiyear national foreign intelligence program plan reflect-
ing the estimated expenditures and proposed appropriations re-
quired to support that program. Any such multiyear national for-
eign intelligence program plan shall cover the fiscal year with 
respect to which the budget is submitted and at least four succeed-
ing fiscal years. 
(b) TIME OF SUBMISSION.—The Director shall submit the report 
required by subsection (a) each year at or about the same time that 
the budget is submitted to Congress pursuant to section 1105(a) of 
title 31, United States Code. 
(c) 
CONSISTENCY 
WITH 
BUDGET ESTIMATES.—The Director 
of 
Central Intelligence and the Secretary of Defense shall ensure that 
the estimates referred to in subsection (a) are consistent with the 
budget estimates submitted to Congress pursuant to section 1105(a) 
of title 31, United States Code, for the fiscal year concerned and 
with the estimated expenditures and proposed appropriations for 
the multiyear defense program submitted pursuant to section 114a 
of title 10, United States Code. 
SEC. 1404. MISSION ORIENTED PRESENTATION OF DEPARTMENT OF DE-
FENSE MATTERS IN THE BUDGET 
(a) IN GENERAL.—In addition to requirements in any other provi-
sion of law regarding the format for the presentation in the budget 
submitted to Congress each year by the President of programs of the 
Department of Defense within major functional category 050 (Na-
tional Defense), the President shall submit with each such budget a 
budget that organizes programs within such functional category on 
the basis of major roles and missions of the Department of Defense. 
(b) EFFECTIVE DATE.—Subsection (a) shall take effect with respect 
to the budget submitted for fiscal year 1993. 
SEC. 1405. CONTROLS 
ON THE AVAILABILITY 
OF 
APPROPRIATION 
ACCOUNTS 
(a) PROCEDURES FOR CLOSING APPROPRIATION ACCOUNTS.—(1) Sub-
chapter IV of chapter 15 of title 31, United States Code (other than 
section 1558), is amended to read as follows: 
50 u s e 404b. 
Reports. 
10 u s e 114a 
note. 
President. 
104 STAT. 1676 
PUBLIC LAW 101-510—NOV. 5, 1990 
"SUBCHAPTER IV—CLOSING ACCOUNTS 
"§ 1551. Definitions and applications 
"(a) In this subchapter— 
"(1) An obligated balance of an appropriation account as of 
the end of a fiscal year is the amount of unliquidated obligations 
applicable to the appropriation less amounts collectible as 
repayments to the appropriation. 
"(2) An unobligated balance is the difference between the 
obligated balance and the total unexpended balance. 
"(3) A fixed appropriation account is an appropriation ac-
count available for obligation for a definite period. 
"(b) The limitations on the availability for expenditure prescribed 
in this subchapter apply to all appropriations unless specifically 
otherwise authorized by a law that specifically— 
"(1) identifies the appropriate account for which the availabil-
ity for expenditure is to be extended; 
Records. 
"(2) provides that such account shall be available for record-
ing, adjusting, and liquidating obligations properly chargeable 
to that account; and 
"(3) extends the availability for expenditure of the obligated 
balances. 
"(c) This subchapter does not apply to— 
"(1) appropriations for the District of Columbia government; 
or 
"(2) appropriations to be disbursed by the Secretary of the 
Senate or the Clerk of the House of Representatives. 
"§ 1552. Procedure for appropriation accounts available for defi-
nite periods 
"(a) On September 30th of the 5th fiscal year after the period of 
availability for obligation of a fixed appropriation account ends, the 
account shall be closed and any remaining balance (whether obli-
gated or unobligated) in the account shall be canceled and thereafter 
shall not be available for obligation or expenditure for any purpose. 
"(b) Collections authorized or required to be credited to an appro-
priation account, but not received before closing of the account 
under subsection (a) or under section 1555 of this title shall be 
deposited in the Treasury as miscellaneous receipts. 
"§ 1553. Availability of appropriation accounts to pay obligations 
"(a) After the end of the period of availability for obligation of a 
fixed appropriation account and before the closing of that account 
under section 1552(a) of this title, the account shall retain its fiscal-
year identity and remain available for recording, adjusting, and 
liquidating obligations properly chargeable to that account. 
"(b)(1) Subject to the provisions of paragraph (2), after the closing 
of an account under section 1552(a) or 1555 of this title, obligations 
and adjustments to obligations that would have been properly 
chargeable to that account, both as to purpose and in amount, before 
closing and that are not otherwise chargeable to any current appro-
priation account of the agency may be charged to any current 
appropriation account of the agency available for the same purpose. 
"(2) The total amount of charges to an account under paragraph 
(1) may not exceed an amount equal to 1 percent of the total 
appropriations for that account. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1677 
"(c)(1) In the case of a fixed appropriation account with respect to 
which the period of availability for obligation has ended, if an 
obligation of funds from that account to provide funds for a pro-
gram, project, or activity to cover amounts required for contract 
changes would cause the total amount of obligations from that 
appropriation during a fiscal year for contract changes for that 
program, project, or activity to exceed $4,000,000, the obligation may 
only be made if the obligation is approved by the head of the agency 
(or an officer of the agency within the Office of the head of the 
agency to whom the head of the agency has delegated the authority 
to approve such an obligation). 
"(2) In the case of a fixed appropriation account with respect to 
which the period of availability for obligation has ended, if an 
obligation of funds from that account to provide funds for a pro-
gram, project, or activity to cover amounts required for contract 
changes would cause the total amount obligated from that appro-
priation during a fiscal year for that program, project, or activity to 
exceed $25,000,000, the obligation may not be made until— 
"(A) the head of the agency submits to the appropriate au-
thorizing committees of Congress and the Committees on Appro-
priations of the Senate and the House of Representatives a 
notice in writing of the intent to obligate such funds, together 
with a description of the legal basis for the proposed obligation 
and the policy reasons for the proposed obligation; and 
"(B) a period of 30 days has elapsed after the notice is 
submitted. 
"(3) In this subsection, the term 'contract change' means a change 
to a contract under which the contractor is required to perform 
additional work. Such term does not include adjustments to pay 
claims or increases under an escalation clause. 
"(d)(1) Obligations under this section may be paid without prior 
action of the Comptroller General. 
"(2) This subchapter does not— 
"(A) relieve the Comptroller General of the duty to make 
decisions requested under law; or 
"(B) affect the authority of the Comptroller General to settle 
claims and accounts. 
"§ 1554. Audit, control, and reporting 
"(a) Any audit requirement, limitation on obligations, or reporting 
requirement that is applicable to an appropriation account shall 
remain applicable to that account after the end of the period of 
availability for obligation of that account. 
"(b)(1) After the close of each fiscal year, the head of each agency 
shall submit to the President and the Secretary of the Treasury a 
report regarding the unliquidated obligations, unobligated balances, 
canceled balances, and adjustments made to appropriation accounts 
of that agency during the completed fiscal year. The report shall be 
submitted no later than 15 days after the date on which the Presi-
dent's budget for the next fiscal year is submitted to Congress under 
section 1105 of this title. 
"(2) Each report required by this subsection shall— 
"(A) provide a description, with reference to the fiscal year of 
appropriations, of the amount in each account, its source, and 
an itemization of the appropriations accounts; 
"(B) describe all current and expired appropriations accounts; 
104 STAT. 1678 
PUBLIC LAW 101-510—NOV. 5, 1990 
*XC) describe any payments made under section 1553 of this 
title; 
"(D) describe any adjustment of obligations during that fiscal 
year pursuant to section 1553 of this title; 
"(E) contain a certification by the head of the agency that the 
obligated balances in each appropriation account of the agency 
reflect proper existing obligations and that expenditures from 
the account since the preceding review were supported by a 
proper obligation of funds and otherwise were proper; 
"(F) describe all balances canceled under sections 1552 and 
1555 of this title. 
"(3) The head of each Federal agency shall provide a copy of each 
such report to the Speaker of the House of Representatives and the 
Committee on Appropriations, the Committee on Governmental 
Affairs, and other appropriate oversight and authorizing committees 
of the Senate. 
"(c)(1) The Director of the Congressional Budget Office shall esti-
mate each year the effect on the Federal deficit of payments and 
adjustments made with respect to sections 1552 and 1553 of this 
title. Such estimate shall be made separately for accounts of each 
agency. 
"(2) The Director shall include in the annual report of the Direc-
tor to the Committees on the Budget of the Senate and House of 
Representatives under paragraph (1) of section 202(f) of the Congres-
sional Budget Act of 1974 a statement of the estimates made pursu-
ant to paragraph (1) of this subsection during the preceding year 
(including any revisions to estimates contained in earlier reports 
under such paragraph). The Director shall include in any report 
under paragraph (2) of that section any revisions to such estimates 
made since the most recent report under paragraph (1) of such 
section. 
"(d) The head of each agency shall establish internal controls to 
assure that an adequate review of obligated balances is performed to 
support the certification required by section 1108(c) of this title. 
"§ 1555. Closing of appropriation accounts available for indefinite 
periods 
"An appropriation account available for obligation for an indefi-
nite period shall be closed, and any remaining balance (whether 
obligated or unobligated) in that account shall be canceled and 
thereafter shall not be available for obligation or expenditure for 
any purpose, i
f
— 
"(1) the head of the agency concerned or the President deter-
mines that the purposes for which the appropriation was made 
have been carried out; and 
"(2) no disbursement has been made against the appropria-
tion for two consecutive fiscal years. 
"§ 1556. Comptroller General: reports on appropriation accounts 
"(a) In carrying out audit responsibilities, the Comptroller Gen-
eral shall report on operations under this subchapter to— 
"(1) the head of the agency concerned; 
"(2) the Secretary of the Treasury; and 
"(3) the President. 
"(b) A report under this section shall include an appraisal of 
unpaid obligations under fixed appropriation accounts for which the 
period of availability for obligation has ended. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1679 
"§ 1557. Authority for exemptions in appropriation laws 
A provision of an appropriation law may exempt an appropriation 
from the provisions of this subchapter and fix the period for which 
the appropriation remains available for expenditure.". 
(2) The table of sections at the beginning of chapter 15 of such title 
is amended by striking out the items relating to subchapter IV and 
sections 1551 through 1557 and inserting in lieu thereof the 
following: 
"SUBCHAPTER IV-CLOSING ACCOUNTS 
"1551. Definitions and application. 
"1552. Audit, control, and reporting. 
"1553. Availability of appropriation accounts to pay obligations. 
"1554. Audit, control, and reporting. 
"1555. Closing of appropriation accounts available for indefinite periods. 
"1556. Comptroller General: reports on appropriation accounts. 
"1557. Authority for exemptions in appropriation laws.". 
(b) T R A N S I T I O N . — 
31 u s e 
1551 
(1) APPLICATION OF AMENDMENTS.—The amendments made by °°*®-
subsection (a) shall apply to any appropriation account the 
obligated balance of which, on the date of the enactment of this 
Act, has not been transferred under section 1552(a)(1) of title 31, 
United States Code, as in effect on the day before the date of the 
enactment of this section. 
(2) RESTORATION OF CERTAIN UNOBUGATED AMOUNTS.—The bal-
ance of any unobligated amount withdrawn under section 
1552(a)(2) of title 31, United States Code, as in effect on the day 
before the date of the enactment of this Act, from an account 
the obligated balance of which has not been transferred under 
section 1552(a)(1) of title 31, United States Code, as in effect on 
the day before the date of the enactment of this section, is 
hereby restored to that account. 
(3) CANCELLATION OF UNOBLIGATED BALANCES.—All balances of 
unobligated funds withdrawn from an account under subsection 
1552(a)(2) of title 31, United States Code, as in effect on the day 
before the date of the enactment of this Act (other than funds 
restored under paragraph (2)) are canceled, effective at the end 
of the 30-day period beginning on the date of the enactment of 
this Act. 
(4) CANCELLATION OF OBLIGATED BALANCES.—On the third 
September 30th after the date of the enactment of this Act, all 
obligated balances transferred under subsection 1552(a)(1) of 
title 31, United States Code, as in effect on the day before the 
date of the enactment of this Act, shall be canceled. 
(5) OBUGATION OF EXISTING BALANCES.—After the date of the 
enactment of this Act, an obligation of any part of a balance 
transferred before the date of the enactment of this Act under 
section 1552(a)(1) of title 31, United States Code, shall be subject 
to section 1553(c) of such title, as amended by subsection (a). 
(6) CANCELLATION OF OLDEST OBLIGATED BALANCES.—(A) At 
the 
end of the 30-day period beginning on the date on which the 
President submits to Congress the budget for fiscal year 1992, 
any amount in an account established under paragraph (1) of 
section 1552 of title 31, United States Code, as in effect before 
the date of the enactment of this Act, that has been in that 
account as of that date for a period in excess of five years shall 
be deobligated and shall be withdrawn in the manner provided 
104 STAT. 1680 
PUBLIC LAW 101-510—NOV. 5, 1990 
in paragraph (2) of that section. Amounts so deobligated and 
withdrawn may not be restored. 
(B) Subparagraph (A) shall not apply so as to require the 
deobligation of amounts— 
(i) for which there is documentary evidence that payment 
will be required within 180 days of the date of the enact-
ment of this Act; or 
(ii) that are determined to be necessary for severance 
payments for foreign national employees. 
(7) OBLIGATIONS AND ADJUSTMENT OF OBLIGATIONS.—(A) After 
cancellation of unobligated balances under paragraph (3) or 
cancellation of obligated balances under paragraph (4) or para-
graph (6) and subject to the provisions of subparagraph (B), 
obligations and adjustments to obligations that would have been 
chargeable to those balances before such cancellations and that 
are not otherwise chargeable to current appropriations of the 
agency concerned may be charged to current appropriations of 
that agency available for the same purpose. Any charge made 
pursuant to this subsection shall be limited to the unobligated 
expired balances of the original appropriation available for the 
same purpose. 
(B) Any charge made pursuant to subparagraph (A) shall be 
subject to the maximum amount chargeable under subsection 
(b) of section 1553 of title 31, United States Code, as amended by 
this section, and shall be included in the calculation of the total 
amount charged to any account under that section. 
(c) CONFORMING REPEAL.—(1) Section 2782 of title 10, United 
States Code, is repealed. 
(2) The table of sections at the beginning of chapter 165 of such 
title is amended by striking out the item relating to section 2782. 
31 use 1552 
SEC. 1406. AUDIT OF OBLIGATED BALANCES OF DEPARTMENT OF 
note. 
DEFENSE 
(a) AUDIT REQUIREMENT.—The Secretary of Defense shall provide 
for an audit of each account of the Department of Defense estab-
lished under paragraph (1) of section 1552(a) of title 31, United 
States Code, as in effect on the day before the date of the enactment 
of this Act. The audit shall, with respect to each such account, 
identify— 
(1) the balance in the account; 
(2) the amount of such balance that is considered by the 
Secretary (as of the time of the audit) to represent amounts 
required for valid obligations (as supported by documentary 
evidence as required by section 1501 of title 31) and the amount 
of such balance that is considered by the Secretary (as of the 
time of the audit) to represent amounts for obligations that are 
considered no longer valid; 
(3) the sources of amounts in the account, shown by fiscal year 
and by amount for each fiscal year; and 
(4) such other matters as the Secretary considers appropriate. 
(b) DEOBUGATION OF OBLIGATIONS NO LONGER VALID.—Any obli-
gated amounts in accounts of the Department of Defense established 
under paragraph (1) of section 1552(a) of title 31, United States Code, 
that are determined pursuant to the audit under subsection (a) to 
represent amounts for obligations that are no longer valid shall be 
deobligated and canceled. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1681 
(c) REPORT ON AUDIT.—Not later than December 31, 1991, the 
Secretary of Defense shall submit to Congress a report containing 
the results of the audit conducted pursuant to subsection (a). The 
report shall set forth— 
(1) the information required to be identified pursuant to 
subsection (a); and 
(2) for each appropriation account (A) the average length of 
time funds have been obligated, (B) the average size of the 
obligation, and (iii) the object classification of the obligations, all 
shown for total obligations and separately for valid obligations 
and obligations that are no longer valid . 
SEC. 1407. FULL LIFE-CYCLE COST INFORMATION FOR ALL MAJOR 
DEFENSE ACQUISITION PROGRAMS 
(a) COVERAGE FOR SYSTEMS BEFORE FISCAL YEAR 1985—Subpara-
graph (A) of section 2432(c)(3) of title 10, United States Code, is 
amended to read as follows: 
"(A) A full life-cycle cost analysis for each major defense 
acquisition program included in the report that is in the full-
scale engineering development stage or has completed that 
stage.". 
(b) DEFINITION.—Section 2432(a) of such title is amended by adding 
at the end the following new paragraph: 
"(4) The term 'full life-cycle cost', with respect to a major 
defense acquisition program, has the meaning given the term 
'cost of the program' in section 2434(c)(2) of this title.". 
(c) COORDINATION OF LIFE-CYCLE COST CRITERIA.—Section 2432(c) of 
such title is amended by adding at the end the following new 
paragraph: 
"(5) The Secretary of Defense shall ensure that paragraph (4) of 
section 2432(a) of title 10, United States Code, as added by subsection 
(a)(2), is implemented in a uniform manner, to the extent prac-
ticable, throughout the Department of Defense.". 
(d) EFFECTIVE DATE.—The amendments made by subsection (a) 10 USC 2432 
shall take effect with respect to Selected Acquisition Reports "°*®-
submitted under section 2342 of title 10, United States Code, after 
December 31,1991. 
SEC. 1408. FUNDS IN DEFENSE COOPERATION ACCOUNT 
There is hereby authorized to be appropriated for fiscal year 1991 
from the Defense Cooperation Account established under section 
2608 of title 10, United States Code, as added by section 202 of Public 
Law 101-403, the sum of $1,000,300,000 for programs, projects, and 
activities of the Department of Defense. 
SEC. 1409. CLASSIFIED ANNEX 
10 USC 114 note. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex prepared 
by the Committee of Conference to accompany the conference report 
/ 
on the bill H.R. 4739 of the One Hundred First Congress and 
transmitted to the President shall have the force and effect of law as 
if enacted into law. 
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The amounts 
specified in the Classified Annex are not in addition to amounts 
authorized to be appropriated by other provisions of this Act. 
(c) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall pro- President, 
vide for appropriate distribution of the Classified Annex, or of 
104 STAT. 1682 
PUBLIC LAW 101-510—NOV. 5, 1990 
appropriate portions of the annex, within the executive branch of 
the Government. 
PART B—NAVAL VESSELS AND SHIPYARDS 
SEC. 1421. PROCUREMENT LIMITATIONS WITH RESPECT TO CERTAIN 
EQUIPMENT FOR NAVAL VESSELS 
Section 2507 of title 10, United States Code, as amended by section 
835, is further amended by adding at the end the following new 
subsection: 
"(f) AIR CIRCUIT BREAKERS.—(1) The Secretary of Defense may not 
procure air circuit breakers for naval vessels unless— 
"(A) the air circuit breakers are produced or manufactured in 
the United States; and 
"(B) substantially all of the components of the air circuit 
breakers are produced or manufactured in the United States. 
"(2) For purposes of paragraph (1)(B), substantially all of the 
components of air circuit breakers shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost of 
the components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States. 
"(3) Paragraph (1) does not prevent the procurement of spares and 
repair parts needed to support air circuit breakers produced or 
manufactured outside the United States. 
"(4) The Secretary of Defense may waive the limitation in para-
graph (1) on a case-by-case basis with respect to any procurement if 
the Secretary determines that carrying out a proposed procurement 
in accordance with the limitation in that case— 
"(A) is not in the national security interests of the United 
States; 
"(B) will have an adverse effect on a United States company; 
or 
"(C) will result in procurement from a United States company 
that, with respect to the sale of air circuit breakers, fails to 
' comply with applicable Government procurement regulations 
or the antitrust laws of the United States. 
"(5) Whenever the Secretary proposes to grant a waiver under 
paragraph (4), the Secretary shall submit a notice of the proposed 
waiver, together with a statement of the reasons for the proposed 
waiver, to the Committees on Armed Services and on Appropria-
tions of the Senate and House of Representatives. The waiver may 
then be granted only after the end of the 30-day period beginning on 
the date on which the notice is received by those committees.". 
SEC. 1422. POLICY FOR AREA IN WHICH SOLICITATIONS MUST BE ISSUED 
FOR CONTRACTS FOR OVERHAUL, ETC., OF NAVAL RESERVE 
FORCE SHIPS HOMEPORTED ON THE WEST COAST 
Section 7299a(d)(3) of title 10, United States Code, is amended by 
striking out "apply—" and all that follows through the period and 
inserting in lieu thereof "apply in the case of voyage repairs.". 
SEC. 1423. REPORT ON USE OF MAYPORT NAVAL STATION AS HOMEPORT 
FOR NUCLEAR AIRCRAFT CARRIERS 
Not later than six months after the date of the enactment of this 
Act, the Secretary of Defense shall submit to Congress a plan for 
upgrading Mayport Naval Station, Jacksonville, Florida, to provide 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1683 
that naval station with the capability to be able to service nuclear-
powered aircraft carriers and otherwise to serve as a homeport for 
nuclear-powered aircraft carriers. 
SEC. 1424. FAST SEALIFT PROGRAM 
10 USC 7291 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary of the Navy shall 
establish a program for the construction and operation of cargo 
vessels that incorporate features essential for military use of the 
vessels. 
(b) PROGRAM REQUIREMENTS.—The program under this section 
shall be carried out as follows: 
(1) The Secretary of the Navy shall establish the design 
requirements for vessels to be constructed under the program. 
(2) In establishing the design requirements for vessels to be 
constructed under the program, the Secretary shall use 
commercial design standards and shall consult with the 
Administrator of the Maritime Administration. 
(3) Construction of the vessels shall be accomplished in pri-
vate United States shipyards. 
(c) CHARTER OF VESSELS CONSTRUCTED.—(1) Except when the Sec-
retary determines that having a vessel immediately available with a 
full or partial crew is in the national interest, the Secretary, in 
consultatiqn with the Administrator of the Maritime Administra-
tion, shall'charter each vessel constructed before October 1, 1995, 
under the program for commercial operation. Any such charter— 
(A) shall not permit the operation of the vessel other than in 
the forpign commerce of the United States; 
(B) may be made only with an individual or entity that is a 
citizen of the United States (which, in the case of a corporation, 
pai^tnership, or association, shall be determined in the manner 
specified in section 2 of the Shipping Act, 1916 (46 U.S.C. App. 
802)); and 
(C) shall require that the vessel be documented (and remain 
documented) under the laws of the United States. 
(2) The Secretary may enter into a charter under paragraph (1) 
. 
only through the use of competitive bidding procedures that ensure 
that the highest charter rates are obtained by the United States 
consistent with good business practice, except that the Secretary 
may operate the vessel (or contract to have the vessel operated) in 
direct support of United States military forces during a time of war 
or national emergency and at other times when the Administrator 
of the Maritime Administration determines that that operation 
would not unfairly compete with another United States-flag vessel. 
(3) If the Secretary determines that a vessel previously chartered 
under the program no longer has commercial utility, the Secretary 
may transfer the vessel to the National Defense Reserve Fleet. 
(4) A contract for the charter of a vessel under paragraph (1) shall 
include a provision that the charter may be terminated for national 
security reasons without cost to the United States. 
(d) REPORTS TO CONGRESS.—(1) Not later than six months after the 
date of the enactment of this Act, the Secretary of the Navy shall 
submit to Congress a report describing the Secretary's plan for 
implementing the fast sealift program authorized by this section. 
(2) Not later than three years after the date of the enactment of 
this Act, the Secretary shall submit to Congress a report on the 
implementation of the plan described in the report submitted under 
paragraph (1). The report shall include a description of vessels built 
104 STAT. 1684 . 
PUBLIC LAW 101-510—NOV. 5, 1990 
or under contract to be built pursuant to this section, the use of such 
vessels, and the operating experience and manning of such vessels. 
(3) The reports under paragraphs (1) and (2) shall be prepared in 
consultation with the Administrator of the Maritime Administra-
tion. 
(e) AVAILABILITY OF FUNDS.—Amounts appropriated to the Depart-
ment of Defense for any fiscal year for acquisition of fast sealift 
vessels may be used for the program under this section. 
SEC. 1425. AUTHORIZATION FOR NAVAL SHIPYARDS AND AVIATION 
DEPOTS TO ENGAGE IN DEFENSE-RELATED PRODUCTION 
AND SERVICES DURING FISCAL YEAR 1991 
(a) AUTHORITY TO BID.—During fiscal year 1991, naval shipyards 
and Army, Navy, and Air Force aviation depots may, subject to the 
discretion of the Secretary of Defense, compete for contracts for the 
production of defense-related articles and contracts for the provision 
of services related to defense programs. 
(b) REQUIRED ESTIMATES OF COST FACTORS.—The Secretary of the 
military department concerned shall ensure that any bid by a naval 
shipyard or an aviation depot on a contract referred to in subsection 
(a) includes estimates for all direct and indirect cost factors, includ-
ing all direct and indirect cost factors included in bids submitted by 
private firms. Office of Management and Budget Circular A-76 shall 
not apply to competitions conducted under the authority of this 
section. 
(c) LIMITATION.—This section shall not apply if the Secretary of 
the military department concerned determines that there are not 
adequate facilities or personnel available at naval shipyards or 
aviation depots, as the case may be, to provide the required articles. 
(d) DEFENSE-RELATED ARTICLES COVERED.—For purposes of this 
section, the term "defense-related articles" does not include— 
(1) ship construction, overhaul, repair, and maintenance, 
(2) ship refueling, 
(3) aircraft maintenance and repair, and 
(4) aircraft engine manufacture, overhaul, and repair. 
SEC. 1426. NAMING OF GUIDED MISSILE DESTROYER THE U.S.S. SAMUEL 
S. STRATTON 
(a) FINDINGS.—The Congress finds that— 
(1) the late Honorable Samuel S. Stratton served the people of 
the United States and the 23d District of New York as a 
Member of the House of Representatives for 30 consecutive 
years with loyalty, dedication, and warm personal friendship 
until his retirement at the conclusion of the 100th Congress; 
(2) Samuel S. Stratton served as a member of the Committee 
on Armed Services of the House of Representatives for 30 years 
and did so with total dedication to the goal of maintaining a 
strong national defense; 
(3) as a member of the Committee on Armed Services, Samuel 
S. Stratton served as chairman of three permanent subcommit-
tees (the Military Personnel and Compensation Subcommittee, 
the Investigations Subcommittee, and the Procurement and 
Military Nuclear Systems Subcommittee) and as chairman of no 
fewer than five special subcommittees and panels having a 
major effect on every aspect of our country's defense establish-
ment; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1685 
(4) Samuel S. Stratton played a major legislative and intellec-
tual role in such diverse areas as strengthening the NATO 
alliance, modernization of Guard and Reserve forces, pursuit of 
verifiable arms control agreements, protection of the defense 
industrial base, development of missile and aviation programs, 
and improvement in the military medical care and military 
justice systems; 
(5) through his singular and distinctive efforts, Samuel S. 
Stratton was successful in seeing enacted into law the require-
ment that women be admitted to the Nation's service acad-
emies; and 
(6) Samuel S. Stratton's service to the Nation (including his 
wartime and reserve service as a naval officer and service as a 
Member of Congress) left an indelible mark on the history of the 
Nation and his unswerving goal of maintenance of a strong 
national defense knows no peer. 
(b) SENSE OF CONGRESS.—In light of the findings expressed in 
subsection (a), it is the sense of Congress that the Secretary of the 
Navy should name the next guided missile destroyer (DDG-51) to be 
named after enactment of this Act the U.S.S. Samuel S. Stratton. 
SEC. 1427. CLARIFICATION OF PROCEDURES FOR REVIEW OF CERTAIN 
VESSEL TRANSFERS 
Section 7308(c) of title 10, United States Code, is amended— 
(1) by inserting "and" at the end of paragraph (1); 
(2) by striking out "; and" at the end of paragraph (2) and 
inserting in lieu thereof a period; and 
(3) by striking out paragraph (3). 
PART C—GUARD AND RESERVE INITIATIVE 
SEC. 1431. SENSE OF THE CONGRESS ON GREATER USE OF THE RESERVE 
COMPONENTS OF THE ARMED FORCES 
(a) FINDINGS.—Congress makes the following findings: 
(1) The reserve components of the Armed Forces are an 
essential element of the national security establishment of the 
United States. 
(2) The overall reduction in the threat and the likelihood of 
continued fiscal constraints require the United States to in-
crease use of the reserve components of the Armed Forces. 
(3) The Department of Defense has not adequately imple-
mented the Total Force Policy since its inception in 1973. 
(4) The Department of Defense should shift a greater share of 
force structure and budgetary resources to the reserve compo-
nents of the Armed Forces. 
(5) Expanding the reserve components is the most effective 
way to retain quality personnel as the force structure of the 
active components is reduced over the next five years. 
(6) The United States should recommit itself to the concept of 
the citizen soldier as a cornerstone of national defense policy for 
the future. 
(7) The President and the Secretary of Defense should take 
note of and be willing to exercise existing reserve call-up 
authority for the purpose of using reserve component forces to 
perform operational missions without the necessity for declar-
ing a national emergency. 
104 STAT. 1686 
PUBLIC LAW 101-510—NOV. 5, 1990 
0^) CONGRESSIONAL DECLARATION.—In view of the findings ex-
pressed in subsection (a), Congress declares that— 
(1) the structure and strength of the current reserve compo-
nents should be preserved; 
(2) the equipment levels in existing reserve component units 
should be increased to match their active duty counterparts; 
(3) selected missions of the active components of the Armed 
Forces should be increasingly transferred to the reserve compo-
nents; 
(4) the equipment available to the units of the reserve compo-
nents should be modernized; and 
(5) the integration of active component and reserve compo-
nent units should be promoted as a means of achieving the 
Total Force Policy of the Department of Defense. 
SEC. 1432. FINDINGS AND SENSE OF CONGRESS REGARDING THE IMPOR-
TANCE OF THE READY RESERVE 
(a) FINDINGS.—The Congress finds that— 
(1) as a result of the recent dramatic changes in Eastern 
Europe and the Soviet Union, the active military forces of the 
United States will be significantly reduced; and 
(2) as a consequence of that reduction it will be necessary to 
rely increasingly, in the event of a threat to the national 
security, on the immediate availability of trained personnel of 
the Ready Reserve of the reserve components of the Armed 
Forces. 
(b) SENSE OF CONGRESS.—In light of the finding in subsection (a), it 
is the sense of Congress that— 
(1) the Secretary of Defense should take appropriate action to 
ensure that members of the Ready Reserve are made fully 
aware of their continuing obligation for immediate service in 
the active military forces in the event of a war or national 
emergency; 
(2) the Secretary should use the annual muster provided for 
under section 687 of title 10, United States Code, as a means of 
alerting such personnel to that obligation; and 
(3) the Secretary should ensure that adequate funds are made 
available, out of funds appropriated for the reserve components, 
to carry out the annual muster of such personnel. 
SEC. 1433. COMMENDATION OF THE NATIONAL GUARD AND RESERVE 
(a) FINDINGS.—Congress makes the following findings: 
(1) Since the earliest days of this Nation, citizen-soldiers of the 
United States have protected their fellow citizens, defended the 
country, and provided heroic assistance during and following 
natural disasters. 
(2) The citizen-soldier has played a key role in the protection 
of freedom since the days of the American Revolution. 
(3) The National Guard and the Reserve have been accorded 
significantly increased status in the overall defense posture of 
the United States since the end of World War II. 
(4) During a period in history when the Nation may face new 
and varied threats to peace, it is imperative that the combat 
capability of the National Guard and the Reserve be adequately 
maintained and supported. 
(5) The excellence of the National Guard and Reserve is 
directly attributable to hard work and dedication of the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1687 
outstanding men and women who regularly perform duty in the 
Guard and Reserve. 
(b) CONGRESSIONAL DECLARATION.—In light of the findings in 
subsection (a), Congress— 
(1) acknowledges the valuable contribution that the men and 
women of the National Guard and the Reserve have made to the 
Nation's security; and 
(2) continues to support the essential role that the National 
Guard and the Reserve perform in the total defense establish-
ment of the United States. 
SEC. 1434. SENSE OF CONGRESS CONCERNING UNITED STATES ARMORED 
FORCES 
(a) FINDINGS.—Congress makes the following findings: 
(1) Dramatic political and military changes have occurred 
recently in Eastern Europe. 
(2) The Warsaw Pact is no longer a credible military threat to 
the North Atlantic Treaty Organization (NATO). 
(3) It appears that the heavy armored armies of both NATO 
and the Warsaw Pact will be substantially reduced as the result 
of arms control agreements or unilateral actions. 
(4) There is a continued need for armor forces and many 
countries possess large inventories of modern tanks. 
(5) The Soviet Union will still produce 1,400 new tanks in 
1990. 
(6) With significantly increased warning times of enemy 
attack, greater reliance will be placed on United States reserve 
component forces for armored heavy force reinforcement mis-
sions. 
(7) There is a need to enhance the capabilities of armored 
forces of the reserve components to assume increased respon-
sibilities for armored heavy force reinforcement missions. 
O
t
>
) SENSE OF CONGRESS.—In light of the findings in subsection (a), 
it is the sense of the Congress that— 
(1) the Army should take timely and necessary steps to en-
hance the capabilities of armored forces of the reserve compo-
nents; 
(2) the United States Army Armor Center should continue as 
the center for training, education, doctrine, and combat develop-
ment for the armored forces of the United States, both active 
and reserve; and 
(3) the United States Army Armor Center should ensure that 
the armored forces of the reserve components are adequately 
prepared to accept the increased role in armored heavy force 
reinforcement missions that will be assigned to them. 
SEC. 1435. PRESERVATION OF FORCE STRUCTURE IN THE RESERVE 
COMPONENTS 
(a) IN GENERAL.—The Secretary of Defense shall ensure that the 
force structure of the Selected Reserve of the reserve components of 
the Armed Forces during fiscal year 1991 is equivalent to the force 
structure of those components on January 1, 1990. 
(b) AUTHORITY TO CHANGE FORCE STRUCTURE.—The Secretary may 
make changes in the force structure of the Selected Reserve of the 
reserve components only to the extent that the Secretary deter-
mines that such changes enhance the capability of reserve units in 
the interests of national security. 
104 STAT. 1688 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 1436. AIR NATIONAL GUARD AND AIR FORCE RESERVE AIRCRAFT 
(a) TRANSFER OF AIRCRAFT TO RESERVE COMPONENT.—The Sec-
retary of the Air Force, by the transfer of aircraft from regular 
component squadrons to reserve component squadrons, shall ensure 
that on September 30,1994— 
(1) the average number of aircraft assigned to a tanker air-
craft squadron in the Air National Guard of the United States 
or the Air Force Reserve is equal to the average number of 
aircraft assigned to a tanker aircraft squadron in the regular 
component of the Air Force; 
(2) the average number of aircraft assigned to a fighter air-
craft squadron in the Air National Guard of the United States 
or the Air Force Reserve is equal to the average number of 
aircraft assigned to a fighter aircraft squadron in the regular 
component of the Air Force; and 
(3) the average number of aircraft assigned to an airlift 
aircraft squadron in the Air National Guard of the United 
States or the Air Force Reserve is equal to the average number 
of aircraft assigned to an airlift aircraft squadron in the regular 
component of the Air Force. 
(b) WAIVER AUTHORITY.—(1) The Secretary of Defense may tempo-
rarily waive the requirement in subsection (a) with respect to a 
specific reserve component squadron if the Secretary determines 
that the squadron cannot operate the aircraft required to be trans-
ferred and that the transfer would be prejudicial to the national 
security of the United States. 
(2) Temporary waivers under paragraph (1) shall be made on a 
case-by-case basis. Such a waiver shall be for a period not to exceed 
one year, but may be renewed for an additional period of one year 
under the conditions specified in paragraph (1). 
SEC. 1437. P-3 AIRCRAFT 
(a) TRANSFER OF AIRCRAFT TO RESERVE COMPONENTS.—(1) The 
Secretary of the Navy, by the transfer of aircraft from regular 
component squadrons to reserve component squadrons, shall ensure 
that on September 30, 1996, the average number of aircraft assigned 
to a P-3 aircraft squadron in the Naval Reserve is equal to the 
average number of aircraft assigned to a P-3 aircraft squadron in 
the regular Navy. 
(2) The Secretary shall transfer no fewer than 32 P-3C aircraft 
pursuant to subsection (a). 
Qo) WAIVER AUTHORITY.—(1) The Secretary of Defense may tempo-
rarily waive the requirements in subsection (a) with respect to a 
specific reserve component squadron if the Secretary determines 
that— 
(A) the submarine threat presented by the Soviet Union has 
increased; and 
(B) the P-3B aircraft would be able to track and attack 
effectively the submarines that comprise the increase in the 
threat. 
(2) Temporary waivers under paragraph (1) shall be made on a 
case-by-case basis. Such a waiver shall be for a period not to exceed 
one year, but may be renewed for an additional period of one year 
under the conditions specified in paragraph (1). 
(c) PROHIBITION ON USE OF FUNDS.—Funds appropriated or other-
wise made available for operation and maintenance for the Navy for 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1689 
any fiscal year beginning on or after September 30,1996, may not be 
used to operate or maintain P-3B aircraft. 
SEC. 1438. TACTICAL AIRLIFT MISSION 
(a) IN GENERAL.—Not later than September 30, 1992, the Sec-
retary of Defense shall assign the tactical airlift mission of the 
Department of Defense to the Air Force Reserve and the Air Na-
tional Guard of the United States. 
03) REQUIREMENT FOR TRANSFER PLAN.—The Secretary of the Air 
Force shall develop a plan for the transfer of all tactical airlift 
transport aircraft to the Air Force Reserve and the Air National 
Guard of the United States at the earliest practical date and shall 
complete the transfer in accordance with such plan not later than 
September 30,1992. 
(c) DEADLINE FOR SUBMISSION OF PLAN.—The Secretary of the Air 
Force shall submit to the congressional defense committees a copy of 
the plan referred to in subsection (h) not later than June 1, 1991. 
SEC. 1439. REPLACEMENT OF OV-1 AND OV-10 AIRCRAFT WITH A-10 AIR-
CRAFT 
(a) PROHIBITION ON USE OF FUNDS.—(1) Funds appropriated or 
otherwise made available to the Army for any fiscal year beginning 
after September 30, 1996, may not be used to operate or maintain 
OV-1 aircraft. 
(2) Funds appropriated or otherwise made available to the Marine 
Corps after September 30, 1996, may not be used to operate or 
maintain OV-10 aircraft. 
(h) RETIREMENT OF OV-1 and OV-10 AIRCRAFT.—(1) Not later than 
September 30, 1991, the Secretary of the Army shall retire not less 
than 20 percent of the OV-1 aircraft in the inventory of the Army 
on October 1,1990. 
(2) The Secretary of the Army and the Secretary of the Navy shall 
take such action as necessary to retire, by not later than September 
30, 1996, all OV-1 and OV-10 aircraft in the inventory of the Army 
and Marine Corps, respectively. The Secretary of the military 
department concerned shall notify the Secretary of the Air Force at 
the time each such aircraft is retired, and the Secretary of the Air 
Force shall, upon such notification, transfer one A-10 aircraft and 
all required support equipment to such military department. 
(c) TRAINING AND SUPPORT.—Chapter 901 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 9316. Training and support for A-10 aircraft 
"The Secretary of the Air Force shall provide each military 
department with flight training, fleet support, and depot mainte-
nance with respect to all A-10 aircraft assigned to each such 
department.". 
(d) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"§ 9316. Training and support for A-10 aircraft.". 
PART D—ARMS CONTROL MATTERS 
SEC. 1441. SENSE OF CONGRESS ON ADDITIONAL NUCLEAR RISK REDUC-
TION MEASURES 
(a) FINDINGS.—Congress makes the following findings: 
104 STAT. 1690 
PUBLIC LAW 101-510—NOV. 5, 1990 
(1) On June 1, 1990, the President of the United States and 
the President of the Soviet Union signed a document entitled 
"Joint Statement on Future Negotiations on Nuclear and Space 
Arms and Further Enhancing Strategic Stability". 
(2) In that document, the two nations pledged to pursue 
additional confidence-building and predictability 
measures 
"that would reduce the possibility of an outbreak of nuclear war 
as a result of accident, miscalculation, terrorism, or unexpected 
technological 
breakthrough, and would 
prevent 
possible 
incidents between them". 
(3) As a result of the recent increase in ethnic, national, 
economic, and political tensions within the Soviet Union, con-
cern has heightened regarding the possible unauthorized or 
accidental use of Soviet nuclear weapons. 
(4) It has been four years since the Department of Defense 
conducted a comprehensive review of its nuclear control proce-
dures and failsafe mechanisms. 
(5) The Joint Chiefs of Staff, in its 1990 Joint Military Net 
Assessment, concluded that with the recent changes in the 
global security environment "the risk of nuclear deterrence 
failing is assessed to be low and at this moment to be decreas-
ing". 
(6) While Congress is concerned about continued strategic 
offensive and defensive modernization by the Soviet Union and 
the unpredictable status of the domestic situation in the Soviet 
Union, at this stage the lessened prospects that nuclear weap-
ons of the United States might have to be employed may afford 
an opportunity to reconsider past reluctance to use certain 
positive control measures, such as the installation of permissive 
action links (PALs) on nuclear weapons deployed at sea by the 
United States and the installation of post-launch destruct 
mechanisms on intercontinental ballistic missiles (ICBMs) and 
submarine launched ballistic missiles (SLBMs) deployed by the 
United States, as long as appropriate security measures can be 
developed to protect the integrity of such destruct mechanisms. 
(7) On September 15, 1987, the United States and the Soviet 
Union agreed to establish Nuclear Risk Reduction Centers 
(NRRCs) in Washington and Moscow. 
(8) The NRRCs have made a useful contribution to lowering 
the risks of accidental or inadvertent nuclear war and are 
capable of taking on expanded roles. 
(b) SENSE OF CONGRESS.—It is the sense of Congress— 
(1) that the President of the United States and the President 
of the Union of Soviet Socialist Republics are to be commended 
for their June 1, 1990, joint statement to pursue additional 
nuclear confidence-building measures; and 
(2) that, in keeping with that joint statement, the President— 
(A) should invite the Soviet Union to join with the United 
States in conducting separate but parallel, comprehensive 
reviews of each nation s own nuclear control procedures 
and failsafe mechanisms; and 
(B) should propose to the Soviet Union that representa-
tives of the two nations engage in discussions with the 
objective of agreeing on additional roles and functions that 
could be assigned to the Nuclear Risk Reduction Centers to 
further lessen the risks of the outbreak of nuclear war as 
the result of misinterpretation, miscalculation, or accident. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1691 
(c) REPORT ON ADDITIONAL MEASURES.—Not later than March 1, 
1991, the President shall submit to Congress a report (in both 
classified and unclassified form) assessing additional nuclear risk 
reduction measures which could be implemented pursuant to the 
joint statement of June 1, 1990, referred to in subsection (b), includ-
ing the following: 
(1) Assigning to the Nuclear Risk Reduction Centers (NRRCs) 
such expanded roles as the following: 
(A) Serving as a forum for discussions between the two 
nations on responding to possible nuclear terrorism. 
(B) Transmitting notifications that may be required 
under future arms control treaties. 
(C) Transmitting non-urgent notifications and informa-
tion requests required under Article 5 of the 1971 Agree-
ment on Measures to Reduce the Risk of Outbreak of 
Nuclear War Between the United States and the Union of 
Soviet Socialist Republics. 
(D) Providing a forum for discussions between the United 
States and the Soviet Union on restricting nuclear, chemi-
cal, and missile proliferation. 
(E) Serving as a meeting place for high-level military 
discussions on nuclear doctrines, forces and activities, and 
regional security concerns. 
(2) Installation of post-launch destruct mechanisms on all 
intercontinental ballistic missiles (ICBMs) and 
submarine 
launched ballistic missiles (SLBMs) deployed by the United 
States. 
(3) Installation by the United States of permissive action links 
(PALs) on all nuclear weapons at sea. 
SEC. 1442. START AND STRATEGIC MODERNIZATION 
(a) FINDINGS.—The Congress makes the following findings: 
(1) The United States and the Soviet Union are engaged in the 
Strategic Arms Reduction Talks (START) in Geneva. 
(2) In the Joint Statement on the Treaty on Strategic Offen-
sive Arms signed in June 1990, the two sides reaffirmed their 
determination to have a START agreement completed and 
ready for signature by the end of 1990. 
(3) Under the provisions of a START agreement, both sides 
will carry out significant reductions in strategic offensive arms. 
(4) In the Joint Statement on Future Negotiations on Nuclear 
and Space Arms and Further Enhancing Strategic Stability, the 
United States and the Soviet Union agreed to pursue new talks 
on strategic offensive arms, and on the relationship between 
strategic offensive and defensive arms. 
(5) The objectives of these negotiations will be to reduce 
further the risk of outbreak of war, particularly nuclear war, 
and to ensure strategic stability, transparency and predict-
ability through further stabilizing reductions in the strategic 
arsenals of both countries. 
(6) The President's effort to negotiate such agreements is 
dependent upon the maintenance of a vigorous research and 
development and modernization program as required for a pru-
dent defense posture. 
(7) The Soviet Union has maintained a robust strategic mod-
ernization program throughout the course of the START nego-
tiations which continues today. 
information. 
104 STAT. 1692 
PUBLIC LAW 101-510—NOV. 5, 1990. 
(b) It is the sense of the Congress that— 
(1) the Congress fully supports United States efforts to en-
hance strategic stability; and 
(2) the United States should pursue stabilizing strategic arms 
reduction agreements while maintaining a vigorous research 
and development and modernization program for United States 
strategic forces as required for a prudent defense posture. 
SEC. 1443. STRATEGIC ARMS REDUCTION TALKS AGREEMENT 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that the 
President, before concluding an agreement in the Strategic Arms 
Reduction Talks, should provide to Congress— 
(1) a report on whether the SS-23 INF missiles of Soviet 
manufacture, which the Soviet Union has confirmed have been 
stationed in the territory of the former German Democratic 
Republic and in the territories of Czechoslovakia and Bulgaria, 
constitute a violation of the INF Treaty or constitute deception 
in the INF negotiations, and whether the United States has 
reliable assurances that those missiles will be destroyed; and 
(2) a report on whether the Krasnoyarsk radar, which the 
Foreign Minister of the Soviet Union admitted is a clear viola-
tion of the 1972 ABM Treaty, has been verifiably dismantled in 
accordance with United States criteria. 
BfffHl®^„_ 
FORM OF REPORTS.—The reports under paragraphs (1) and (2) of 
subsection (a) should be submitted in both classified and unclassified 
form. 
PART E—MATTERS RELATING TO ALLIES AND OTHER NATIONS 
SEC. 1451. RECIPROCAL LOGISTICAL SUPPORT 
(a) CROSS-SERVICING AGREEMENTS.—Subsection (a) of section 2342 
of title 10, United States Code, is amended to read as follows: 
"(a)(1) Subject to section 2343 of this title and to the availability of 
appropriations, and after consultation with the Secretary of State, 
the Secretary of Defense may enter into an agreement described in 
paragraph (2) with— 
"(A) the government of a North Atlantic Treaty Organization 
country; 
"(B) a subsidiary body of the North Atlantic Treaty Organiza-
tion; or 
"(C) the government of a country not a member of the North 
Atlantic Treaty Organization but which is designated by the 
Secretary of Defense, subject to the limitations prescribed in 
subsection (b), as a government with which the Secretary may 
enter into agreements under this section. 
"(2) An agreement referred to in paragraph (1) is an agreement 
under which the United States agrees to provide logistic support, 
supplies, and services to military forces of a country or subsidiary 
body referred to in paragraph (1) in return for the reciprocal provi-
sions of logistic support, supplies, and services by such government 
or subsidiary body to elements of the armed forces.". 
(b) ADDITIONAL AUTHORITY IN CONNECTION WITH MUTUAL DEFENSE 
AGREEMENTS AND OCCUPATIONAL ARRANGEMENTS.—(1) Chapter 138 
of title 10, United States Code, is amended by adding at the end of 
subchapter II the following new section: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1693 
"§ 2350g. Authority to accept use of real property, services, and 
supplies from foreign countries in connection with 
mutual defense agreements and occupational arrange-
ments 
"(a) AUTHORITY TO ACCEPT.—The Secretary of Defense may accept 
from a foreign country, for the support of any element of the armed 
forces in an area of that country— 
"(1) real property or the use of real property and services and 
supplies for the United States or for the use of the United States 
in accordance with a mutual defense agreement or occupational 
arrangement; and 
"(2) services furnished as reciprocal international courtesies 
or as services customarily made available without charge. 
"(b) QUARTERLY REPORTS.—(1) Not later than 30 days after the end 
of each quarter of each fiscal year, the Secretary of Defense shall 
submit to Congress a report on property, services, and supplies 
accepted by the Secretary under this section during the preceding 
quarter. The Secretary shall include in each such report a descrip-
tion of all property, services, and supplies having a value of more 
than $1,000,000. 
"(2) In computing the value of any property, services, and supplies 
referred to in paragraph (1), the Secretary shall aggregate the value 
of— 
"(A) similar items of property, services, and supplies accepted 
by the Secretary during the quarter concerned; and 
"(B) components which, if assembled, would comprise all or a 
substantial part of an item of equipment or a facility. 
"(c) AUTHORITY TO USE PROPERTY, SERVICES, AND SUPPLIES.—Prop-
erty, services, or supplies referred to in subsection (a) may be used 
by the Secretary of Defense without specific authorization, except 
that such property, services, and supplies may not be used in 
connection with any program, project, or activity if the use of such 
property, services, or supplies would result in the violation of any 
prohibition or limitation otherwise applicable to that program, 
project, or activity. 
"(d) ANNUAL AUDIT BY GAO.—The Comptroller General of the 
United States shall conduct an annual audit of property, services, 
and supplies accepted by the Secretary of Defense under this section 
and shall submit a copy of the results of each such audit to Con-
gress.". 
(2) The table of sections at the beginning of chapter 138 of such 
title is amended by adding at the end the following new item: 
"2350g. Authority to accept use of real property, services, and supplies from foreign 
countries in connection with mutual defense agreements and occupa-
tional arrangements.". 
(c) CONFORMING REPEAL.—Section 9008 of the Department of De-
fense Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1130), lo use 2341 
is repealed. 
SEC. 1452. DEPARTMENT OF DEFENSE OMBUDSMAN FOR FOREIGN SIG-
NATORIES OF INTER-GOVERNMENTAL MEMORANDUMS OF 
AGREEMENT CONCERNING ACQUISITION MATTERS 
(a) DESIGNATION OF OMBUDSMAN,—(1) Chapter 138 of title 10, 
United States Code, as amended by section 1451(b), is amended by 
adding at the end of subchapter II the following new section: 
note. 
.104 STAT. 1694 
PUBLIC LAW 101-510—NOV. 5, 1990 
"§ 2350h. Memorandums of agreement: Department of Defense 
ombudsman for foreign signatories 
"The Secretary of Defense shall designate an official to act as 
ombudsman within the Department of Defense on behalf of foreign 
governments who are parties to memorandums of agreement with 
the United States concerning acquisition matters under the jurisdic-
tion of the Secretary of Defense. The official so designated shall 
assist officials of those foreign governments in understanding and 
complying with procedures and requirements of the Department of 
Defense (and, as appropriate, other departments and agencies of the 
United States) insofar as they relate to any such memorandum of 
agreement.". 
(2) The table of sections at the beginning of such subchapter, as 
amended by section 1451(b), is amended by adding at the end the 
following new item: 
"2350h. Memorandums of agreement: Department of Defense ombudsman for for-
eign signatories.'. 
22 use 2350h 
(b) DEADLINE.—The official required to be designated under sec-
"°^- 
tion 2350h of title 10, United States Code, as added by subsection (a), 
shall be designated by the Secretary of Defense not later than 90 
days after the date of the enactment of this Act. 
SEC. 1453. EXPANSION OF SCOPE OF REQUIREMENTS RELATING TO DE-
FENSE MEMORANDA OF UNDERSTANDING AND RELATED 
AGREEMENTS 
Section 2504(a) of title 10, United States Code, is amended by 
inserting "or to the reciprocal procurement of defense items," after 
"defense equipment," in the matter above clause (1). 
SEC. 1454. COOPERATION WITH JAPAN ON TECHNOLOGICAL RESEARCH 
AND DEVELOPMENT 
(a) FINDINGS.—Congress makes the following findings: 
(1) Japan has developed highly sophisticated research and 
manufacturing capabilities. 
(2) Those capabilities have produced technologies that can be 
usefully applied to the development and manufacture of both 
commercial products and defense equipment. 
(3) The availability of those technologies to the United States 
would greatly enhance the development and manufacture of 
defense equipment for the Armed Forces of the United States. 
(4) Since the exchange of notes between the United States and 
Japan on the transfer of Japanese military technologies in 1983, 
the level and quality of technological cooperation between the 
two countries have been unsatisfactory. 
(5) Effective cooperation in technology research and develop-
ment between the United States and Japan would enhance the 
security of both countries. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States and Japan should strengthen their 
cooperation with regard to technology that would contribute to 
the security of both countries; 
(2) technological cooperation between the two countries 
should be based upon an equitable and mutual sharing of the 
costs and benefits of that cooperation; and 
(3) the Secretary of Defense should improve the staffing, 
funding, and organization of those activities within the Depart-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1695 
ment of Defense responsible for implementing and overseeing 
technological cooperation with Japan. 
(c) COOPERATION ON RESEARCH AND DEVELOPMENT.—In light of the 
expressions in subsections (a) and (b), Congress urges and requests 
the President and directs the Secretary of Defense to pursue vigor-
ously opportunities for the United States and Japan to cooperate in 
the development of technologies that benefit the security of both 
countries, particularly those technologies that have both commer-
cial and military applications, commonly referred to as "dual-use" 
technologies. 
(d) COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS.—(1) Sub-
ject to paragraphs (2) and (3), of the funds authorized to be appro-
priated pursuant to section 201 for basic research, exploratory 
development, and advanced technology, $10,000,000 shall be avail-
able for research and development projects conducted jointly by the 
United States and Japan, pursuant to a memorandum of under-
standing or other formal agreement, for the purpose of— 
(A) developing new conventional defense equipment; or 
(B) modifying existing defense equipment to meet United 
States defense requirements. 
(2)(A) Funds made available for research and development 
projects under paragraph (1) may be obligated and expended for a 
particular research project only if the Secretary of Defense deter-
mines that— 
(i) the particular project will improve, through the application 
of emerging technology, the conventional defense capabilities of 
the United States and Japan; and 
(ii) the applicable memorandum of understanding or other 
formal agreement provides for the sharing of costs on an equi-
table basis. 
(B) The Secretary may delegate the performance of the respon-
sibility to make determinations under subparagraph (A) only to the 
Deputy Secretary of Defense or the Under Secretary of Defense for 
Acquisition. 
(3) None of the funds made available for research and develop-
ment projects under paragraph (1) may be used for research and 
development under the Strategic Defense Initiative. 
(e) STAFFING.—The Secretary of Defense is urged to increase the 
number of personnel assigned to the Office of the Deputy Under 
Secretary of Defense (International Programs) for the specific pur-
pose of providing oversight of the joint research and development 
projects of the United States and Japan for which funds are made 
available under subsection (d). 
SEC. 1455. PERMANENT CEILING ON UNITED STATES ARMED FORCES IN 10 USC 113 note. 
JAPAN AND CONTRIBUTIONS BY JAPAN TO THE SUPPORT OF 
UNITED STATES FORCES IN JAPAN 
(a) PURPOSE.—It is the purpose of this section to require Japan to 
offset the direct costs (other than pay and allowances for United 
States military and civilian personnel) incurred by the United 
States related to the presence of United States military personnel in 
Japan. 
(b) PERMANENT CEILING ON UNITED STATES ARMED FORCES IN 
JAPAN.—Funds appropriated pursuant to an authorization con-
tained in this Act or any subsequent Act may not be used to support 
an end strength level of all personnel of the Armed Forces of the 
United States stationed in Japan at any level in excess of 50,000. 
104 STAT. 1696 
PUBLIC LAW 101-510—NOV. 5, 1990 
President. 
50 u s e 404c. 
President. 
(c) SENSE OF CONGRESS ON ALLIED BURDEN SHARING.—(1) Congress 
recognizes that Japan has made a substantial pledge of financial 
support to the effort to support the United Nations Security Council 
resolutions on Iraq. 
(2) It is the sense of Congress that— 
(A) all countries that share the benefits of international 
security and stability should, commensurate with their national 
capabilities, share in the responsibility for maintaining that 
security and stability; and 
(B) given the economic capability of Japan to contribute to 
international security and stability, Japan should make con-
tributions commensurate with that capability. 
(d) NEGOTIATIONS.—At the earliest possible date after the date of 
the enactment of this Act, the President shall enter into negotia-
tions with Japan for the purpose of achieving an agreement before 
September 30, 1991, under which Japan offsets all direct costs (other 
than pay and allowances for United States military and civilian 
personnel) incurred by the United States related to the presence of 
all United States military personnel stationed in Japan. 
(e) EXCEPTIONS.—(1) This section shall not apply in the event of a 
declaration of war or an armed attack on Japan. 
(2) This section may be waived by the President if the President— 
(A) declares an emergency or determines that such a waiver is 
required by the national security interests of the United States; 
and 
(B) immediately informs the Congress of the waiver and the 
reasons for the waiver. 
SEC. 1456. LIMITATION ON THE COSTS TO THE UNITED STATES FOR PAY-
MENTS TO FOREIGN NATIONALS EMPLOYED AT BASES OUT-
SIDE THE UNITED STATES 
(a) LIMITATION.—The costs incurred by the United States during 
fiscal year 1991 for the payment of salaries and other remuneration 
to foreign nationals who are employed at United States military 
installations located outside the United States shall be reduced by 
the Secretary of Defense at a rate necessary to achieve a 25 percent 
reduction in such costs by the end of fiscal year 1991 below the 
amount that was requested for such costs in the budget for fiscal 
year 1991 submitted by the President to Congress under section 1105 
of title 31, United States Code. 
(b) WAIVER AUTHORITY AND REQUIREMENT OF NOTIFICATION.—The 
Secretary of Defense may waive the requirement of subsection (a) if 
the Secretary determines that the national security interests of the 
United States require such action. If the requirement of subsection 
(a) is waived, the Secretary shall notify Congress of that action and 
include in that notification the reasons for such waiver. 
SEC. 1457. ANNUAL REPORT ON UNITED STATES SECURITY ARRANGE-
MENTS AND COMMITMENTS WITH OTHER NATIONS 
(a) REPORT REQUIREMENTS.—The President shall submit to the 
Committees on Armed Services and on Foreign Affairs of the House 
of Representatives and the Committees on Armed Services and 
Foreign Relations of the Senate each year a report (in both classified 
and unclassified form) on United States security arrangements with, 
and commitments to, other nations. 
(b) MATTERS TO BE INCLUDED.—The President shall include in 
each such report the following: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1697 
(1) A description of— 
(A) each security arrangement with, or commitment to, 
other nations, whether based upon (i) a formal document 
(including a mutual defense treaty, a pre-positioning 
arrangement or agreement, or an access agreement), or (ii) 
an expressed policy; and 
(B) the historical origins of each such arrangement or 
commitment. 
(2) An evaluation of the ability of the United States to meet 
its commitments based on the projected reductions in the de-
fense structure of the United States. 
(3) A plan for meeting each of those commitments with the 
force structure projected for the future. 
(4) An assessment of the need to continue, modify, or dis-
continue each of those arrangements and commitments in view 
of the changing international security situation. 
(c) DEADLINE FOR REPORT.—(1) Except as provided in paragraph (2), 
the President shall submit the report required by subsection (a) not 
later than February 1 of each year. 
(2) In the case of the report required to be submitted in 1991, the 
evaluation, plan, and assessment referred to in paragraphs (2), (3), 
and (4) of subsection O
t
>
) may be submitted not later than May 1, 
1991. 
SEC. 1458. ECONOMIC SANCTIONS AGAINST THE REPUBLIC OF IRAQ 
50 USC 1701 
If the President considers that the taking of such action would 
promote the effectiveness of the economic sanctions of the United 
Nations and the United States imposed with respect to Iraq, and is 
consistent with the national interest, the President may prohibit, for 
such a period of time as he considers appropriate, the importation 
into the United States of any or all products of any foreign country 
that has not— 
(1) prohibited— 
(A) the importation of products of Iraq into its customs 
territory, and 
(B) the export of its products to Iraq; or 
(2) given assurances satisfactory to the President that such 
import and export sanctions will be promptly implemented. 
SEC. 1459. HUMANITARIAN ASSISTANCE FOR LITHUANIA 
(a) SENSE OF CONGRESS.—It is the sense of Congress that the 
President should provide appropriate forms of humanitarian assist-
ance for Lithuania. Such assistance is necessary as a result of the 
courageous efforts of the Lithuanian people to rebuild an independ-
ent society and state. 
(b) AGENCY FOR INTERNATIONAL DEVELOPMENT.—The Adminis-
trator of the Agency for International Development should— 
(1) furnish such humanitarian assistance through the Inter-
national Committee of the Red Cross, the Lithuanian Red Cross, 
CARITAS, and other voluntary relief agencies; 
(2) solicit private sector donations of humanitarian assistance 
for Lithuania; 
(3) cooperate with private relief agencies attempting to pro-
vide humanitarian assistance to Lithuania; and 
(4) make all necessary arrangements to ensure that Lithua-
nians begin to receive critical humanitarian assistance as soon 
as possible. 
104 STAT. 1698 
PUBLIC LAW 101-510—NOV. 5, 1990 
(c) HUMANITARIAN ASSISTANCE FOR LATVIA, ESTONIA, ETC.—Where 
possible, appropriate humanitarian assistance should also be ex-
tended to Latvia and Estonia as well as needy republics of the Soviet 
Union. 
(d) DEFINITION.—As used in this section, the term "humanitarian 
assistance" includes— 
(1) medical supplies; 
(2) oil, gas, and fuel for emergency vehicles and medical 
facilities; 
(3) water purification supplies, materials for immunization, 
and other materials needed to prevent the outbreak of con-
tagious diseases and to safeguard public health; 
(4) food and clothing; and 
(5) transportation of private donations of humanitarian assist-
ance. 
PART F—MISCELLANEOUS MATTERS 
SEC. 1461. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS 
(a) IN GENERAL.—Subsection (c) of section 119 of title 10, United 
States Code, is amended to read as follows: 
Reports. 
"(c)(1) Whenever a change in the classification of a special access 
program of the Department of Defense is planned to be made or 
whenever classified information concerning a special access pro-
gram of the Department of Defense is to be declassified and made 
public, the Secretary of Defense shall submit to the defense commit-
tees a report containing a description of the proposed change, the 
reasons for the proposed change, and notice of any public announce-
ment planned to be made with respect to the proposed change. 
"(2) Except as provided in paragraph (3), any report referred to in 
paragraph (1) shall be submitted not less than 14 days before the 
date on which the proposed change or public announcement is to 
occur. 
"(3) If the Secretary determines that because of exceptional cir-
cumstances the requirement of paragraph (2) cannot be met with 
respect to a proposed change or public announcement concerning a 
special access program of the Department of Defense, the Secretary 
may submit the report required by paragraph (1) regarding the 
proposed change or public announcement at any time before the 
proposed change or public announcement is made and shall include 
in the report an explanation of the exceptional circumstances.". 
(b) AMENDMENT TO DEFINITION.—Subsection (f) of such section is 
amended by inserting "and Appropriations" after "Armed Services" 
in paragraph (1). 
SEC. 1462. DEVELOPMENT AND PRODUCTION OF WEAPONS AND WEAPON 
SYSTEMS HAVING STANDOFF ATTACK CAPABILITIES AND 
EMPLOYING SENSOR-FUSED DEVICES 
The Secretary of the Air Force— 
(1) should complete development of weapons and weapon 
systems having standoff attack capabilities and employing 
sensor-fused devices; 
(2) upon completion of such development, should proceed with 
the production of such weapons and weapon systems; and 
(3) should provide that such production should take place at 
facilities so selected during the development phase of these 
weapons. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1699 
SEC. 1463. AUTHORITY TO REIMBURSE NORTH AMERICAN VAN LINES AND 
THE CHURCH OF GOD FOR CERTAIN DAMAGES CAUSED 
DURING OPERATION JUST CAUSE 
(a) AUTHORITY TO REIMBURSE.—Notwithstanding any other provi-
sion of law, the Secretary of the Defense, subject to the approval of 
the Attorney General, may, to the extent that funds are available 
for obligation— 
(1) reimburse North American Van Lines, a corporation 
operating under the laws of the State of Delaware, in an 
amount not to exceed $357,000, for damage to, or loss of, prop-
erty owned by that corporation that— 
(A) was located pursuant to the requirements of a con-
tract with the Department of Defense at Albrook Air Force 
Base, Panama, on December 22,1989; and 
(B) was damaged or destroyed by United States Armed 
Forces during Operation Just Cause begun on December 22, 
1989; and 
(2) reimburse the Church of God in an amount not to exceed 
$325,000, for damage to, or loss of, property owned by that 
church that— 
(A) was in the vicinity of Albrook Air Force Base, 
Panama, on December 22, 1989; and 
(B) was damaged or destroyed by United States Armed 
Forces during Operation Just Cause begun on December 22, 
1989. 
O
t
>
) ADMINISTRATIVE REQUIREMENTS.—Reimbursement may be al-
lowed under subsection (a) only if— 
(1) a request for such reimbursement is presented in writing 
to the Secretary of Defense not later than December 22, 1991; 
(2) the damage to, or loss of, property was not caused in whole 
or in part by a negligent or wrongful act of— 
(A) North American Van Lines (or an agent or employee 
of North American Van Lines), in the case of property 
described in subsection (a)(1); and 
(B) the Church of God (or an agent or employee of the 
Church of God), in the case of property described in subsec-
tion (a)(2); and 
(3) the amount of damages is substantiated by the Secretary of 
Defense. 
(c) LIMITATIONS.—(1) No funds may be paid pursuant to this 
section to North American Van Lines until North American Van 
Lines has made every reasonable effort (as determined by the 
Secretary of Defense) to secure compensation for the losses covered 
by this section through private means. No funds may be paid 
pursuant to this section to the Church of God until the Church of 
God has made every reasonable effort (as determined by the Sec-
retary of Defense) to secure compensation for the losses covered by 
this section through private means. 
(2) No more than 20 percent of the sum paid under this section to 
North American Van Lines may be paid to any attorneys for legal 
services rendered in connection with the damage to, or loss of, 
property with respect to which that amount is paid. No more than 
20 percent of the sum paid under this section to the Church of God 
may be paid to any attorneys for legal services rendered in connec-
tion with the damage to, or loss of, property with respect to which 
that amount is paid. 
104 STAT. 1700 
PUBLIC LAW 101-510—NOV. 5, 1990 
(3) Acceptance of a payment by North American Van Lines under 
this section constitutes full and final settlement of any claim by 
North American Van Lines against the United States resulting from 
the damage to, or loss of, property described in subsection (a). 
Acceptance of a payment by the Church of God under this section 
constitutes full and final settlement of any claim by the Church of 
God against the United States resulting from the damage to, or loss 
of, property described in subsection (a). 
SEC. 1464. EXTENSION OF DEADLINE FOR NATIONAL TEST CENTER 
INSTRUMENTATION 
Section 166(b)(2) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1391) is 
amended by striking out "July 1, 1990" and inserting in lieu thereof 
"January 1,1993". 
10 u s e 2341 
SEC. 1465. OVERSEAS WORKLOAD PROGRAM 
(a) IN GENERAL.—A firm of any member nation of the North 
Atlantic Treaty Organization (NATO) or of any major non-NATO 
ally shall be eligible to bid on any contract for the maintenance, 
repair, or overhaul of equipment of the Department of Defense to be 
awarded under competitive procedures as part of the program of the 
Department of Defense known as the Overseas Workload Program. 
(b) SITE FOR PERFORMANCE OF WORK.—A contract awarded during 
fiscal year 1991 to a firm described in subsection (a) may be per-
formed in the theater in which the equipment is normally located or 
in the country in which the firm is located. 
(c) EXCEPTIONS.—The Secretary of a military department may 
restrict the geographic region in which a contract referred to in 
subsection (a) may be performed if the Secretary determines that 
performance of the contract outside the specific region— 
(1) could adversely affect the military preparedness of the 
Armed Forces of the United States; or 
(2) would violate the terms of an international agreement to 
which the United States is a party. 
10 u s e 4331 
SEC. 1466. DESIGNATION OF THE COLONEL THOMAS HAWKINS JOHNSON 
note. 
VISITING SCHOLAR PROGRAM AND LECTURE SERIES 
(a) VISITING SCHOLAR PROGRAM.—(1) The Secretary of the Army 
shall establish a visiting scholar program at the United States 
Military Academy to be known as the "Thomas Hawkins Johnson 
Visiting Scholar Program". The Secretary shall select not more 
than two scholars to participate in the program for an academic 
year. A person selected to participate in the program shall serve as 
an instructor at the Academy for two weeks during the academic 
year and perform such duties as the Secretary may assign. 
(2) There is authorized to be appropriated to the Secretary of the 
Army $25,000 for each fiscal year to carry out this subsection. 
(b) LECTURE SERIES.—(1) The Secretary of Defense shall establish a 
lecture series at the National Defense University to be known as the 
"Thomas Hawkins Johnson Lecture Series". The Secretary shall use 
the lecture series to bring prominent persons to the National 
Defense University to deliver lectures on topics relating to public 
policy, national security, and science. 
(2) There is authorized to be appropriated to the Secretary of 
Defense $25,000 for each fiscal year to carry out this subsection. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1701 
SEC. 1467. STUDY OF COMMERCIAL AVIATION ACCESS TO CERTAIN 
RESTRICTED SPECIAL USE AIRSPACE 
(a) STUDY REQUIRED.—The Secretary of Defense and the Secretary 
of Transportation shall conduct a joint study to determine the 
feasibility of permitting civilian commercial aircraft to have access 
to restricted special use airspace over the coastal waters of the mid-
Atlantic region of the Eastern United States for the purpose of 
enhancing commercial aviation safety, improving air traffic control 
efficiency, and reducing the impact of aviation noise on populated 
areas. 
(b) REPORT.—(1) The Secretaries shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Public Works and Transportation 
of the House of Representatives a joint report containing the results 
of the study required by subsection (a), together with such comments 
and recommendations as the Secretaries consider appropriate. The 
report may be submitted in both classified and unclassified form. 
(2) The Secretaries shall include in the report the following: 
(A) A discussion of the current policy of the Department of 
Defense regarding civilian commercial access to restricted spe-
cial use airspace. 
(B) An accounting of civilian commercial aircraft access to 
such special use airspace during each of the years 1988 and 
1989. 
(C) A summary of requests received by the Department of 
Defense from the Federal Aviation Administration for increased 
access to the special use airspace referred to in subsection (a) 
and the disposition of those requests by the Department of 
Defense. 
(D) Proposals for permitting increased access to such special 
use airspace, particularly during daylight hours, by civilian 
commercial aircraft. 
(E) An analysis of the feasibility of providing such access. 
(3) The report shall be submitted not later than 90 days after the 
date of the enactment of this Act. 
(c) DEVELOPMENT OF PROCEDURES.—If the Secretaries determine, 
on the basis of the study under subsection (a), that additional access 
to the special use airspace described in that subsection can be 
permitted, consistent with the national security interests of the 
United States, the Secretary of Defense shall develop, in coordina-
tion with the Secretary of Transportation, procedures for providing 
such additional access for civilian commercial aircraft to such air-
space. 
SEC. 1468. CONSULTATION AND REPORT REQUIREMENTS RELATING TO 
RANCH HAND STUDY OF DEPARTMENT OF THE AIR FORCE 
(a) CONSULTATION WITH ADVISORY COMMITTEE.—The Ranch Hand 
Advisory Committee may consult directly with and provide informa-
tion and recommendations directly to the Department of the Air 
Force scientists conducting the Ranch Hand Study, and such sci-
entists may consult directly with and provide information and 
recommendations directly to the Ranch Hand Advisory Committee. 
No officer or employee of the Federal Government may intervene in 
or impair direct communication between the Advisory Committee 
and such scientists for purposes related to such study except as may 
104 STAT. 1702 
PUBLIC LAW 101-510—NOV. 5, 1990 
be necessary to prevent inappropriate disclosure of classified 
information. 
(b) ANNUAL REPORTS.—The Secretary of Defense shall revise the 
schedule of reports prepared by the Secretary pursuant to section 
1205(c) of Public Law 100-687 (102 Stat. 4126) so as to provide for the 
preparation and submission of annual reports under that section, to 
be submitted not later than February 1 of each year, and to provide 
for the preparation and submission of a final report under that 
section. 
(c) DEFINITIONS.—In this section: 
(1) The term "Ranch Hand Advisory Committee" means the 
committee known as the "Advisory Committee on Special 
Studies Relating to the Possible Long-term Health Effects of 
Phenoxy Herbicides and Contaminants" established by the Sec-
retary of Health and Human Services to monitor the conduct of 
the Ranch Hand Study. 
(2) The term "Ranch Hand Study" means the special study 
conducted by the Secretary of the Air Force relating to the 
possible long-term effects of phenoxy herbicides and contami-
nants on Air Force personnel who participated in Operation 
Ranch Hand in the Republic of Vietnam during the Vietnam 
era. 
SEC. 1469. ANNUAL PRESENTATION FOR CONGRESSIONAL DEFENSE 
LEADERSHIP ON UNITED STATES NATIONAL MILITARY 
STRATEGY 
(a) SENSE OF CONGRESS.—It is the sense of Congress that the 
President should provide for an annual presentation to be given to 
the congressional defense leaders named in subsection (b) on the 
national military strategy of the United States. That presentation 
should particularly cover the theater and strategic nuclear compo-
nents of the national military strategy and should include a discus-
sion of (1) nuclear targeting policy and requirements, and (2) the 
implications of such nuclear targeting policy and requirements for 
(A) theater and strategic nuclear force structure and operations, and 
(B) defense resources and their allocation. 
(b) DEFINITION.—The congressional defense leaders referred to in 
subsection (a) are— 
(1) the chairmen and ranking minority members of the 
Committees on Armed Services of the Senate and House of 
Representatives; and 
(2) the chairmen and ranking minority members of the De-
fense Subcommittees of the Committees on Appropriations of 
the Senate and House of Representatives. 
PART G—CONGRESSIONAL FINDINGS, POLICIES, AND COMMENDATIONS 
SEC. 1471. COMMEMORATION OF THE EFFORTS OF THE BATTLE OF THE 
BULGE HISTORICAL FOUNDATION 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Battle of the Ardennes-Alsace Campaign of World 
War II, commonly known as the Battle of the Bulge, was fought 
in the Ardennes region of eastern Belgium and northern Lux-
embourg, from December 16, 1944, to January 25, 1945, in the 
deepest snow and during the coldest temperatures in the 
memory of the inhabitants of the region. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1703 
(2) 600,000 members of the Armed Forces of the United States 
fought in the Battle of the Bulge, making the battle the largest 
land battle ever fought by United States military forces. 
(3) The battle claimed 81,000 United States casualties, includ-
ing 19,000 killed. 
(4) In 1988, many of the veterans of the battle, including the 
7,000 member organization known as the Veterans of the Battle 
of the Bulge, organized the Battle of the Bulge Historical 
Foundation to commemorate the heroic sacrifices made by the 
United States servicemembers who saw action during the Battle 
of the Bulge, to pay homage to the servicemen killed in that 
battle, and to inform the present and future youth of this 
Nation regarding the costs of war and the price of liberty. 
(5) The efforts of the foundation are directed toward expand-
ing the existing United States Army Museum, located at Fort 
George G. Meade, Maryland, to include a gallery dedicated to 
the Battle of the Bulge, the participants in that battle, and 
World War II generally. 
(6) The Museum and the foundation have agreed to act jointly 
to achieve goals relating to the commemoration of the Battle of 
the Bulge. 
(7) Installation of a gallery at the museum devoted to the 
Battle of the Bulge will result in the museum having the only 
gallery in the United States devoted exclusively to commemo-
rating that battle. 
(8) The Battle of the Bulge Historical Foundation has set a 
goal of raising $1,500,000 by December 16, 1994, the 50th 
anniversary of the battle, to accomplish the objective of appro-
priately preserving the memory of the battle. 
(b) RECOGNITION AND COMMENDATION.—In light of the findings in 
subsection (a). Congress recognizes and commends the efforts of the 
Battle of the Bulge Historical Foundation to provide for the installa-
tion of a special gallery at the United States Army Museum at Fort 
George G. Meade, Maryland, devoted to the collection, preservation, 
and exhibition of military artifacts relating to the Battle of the 
Bulge and to commemorate that historic battle. 
SEC. 1472. COMMENDATION OF UNITED STATES MILITARY PERSONNEL 
FOR PHILIPPINE EARTHQUAKE RELIEF EFFORT 
(a) FINDINGS.—^Congress makes the following findings: 
(1) The members of the United States Air Force, Marine 
Corps, and Navy serving in the Pacific region have given 
substantial and significant assistance to the Government and 
people of the Republic of the Philippines following a severe 
earthquake on July 16, 1990, in the Philippines which resulted 
in the deaths of over 1,600 people and severe dislocation and 
devastation. 
(2) United States military personnel stationed in the Phil-
ippines have traditionally exhibited a strong respect and 
admiration for the people of the Philippines. 
(3) A Marine Corps pilot was killed in a helicopter crash 
during an earthquake relief mission on July 20, 1990. 
(4) The United States Air Force has flown over 220 sorties, 
including medical evacuations, to assist in earthquake relief. 
(5) The Marine Corps has flown over 250 aircraft missions and 
has transported via helicopter over 1,000 Philippine nationals 
and more than 500,000 pounds of cargo. 
104 STAT. 1704 
PUBLIC LAW 101-510—NOV. 5, 1990 
(6) Navy medical personnel from the Subic Bay naval facility 
have provided critical medical assistance to those injured in the 
earthquake. 
(7) More than 1,140 tons of supplies and equipment have been 
airlifted to the Philippines or transported over land to Baguio 
City and Cabanatuan City, areas devastated by the earthquake. 
(8) Military civil engineering teams have restored more than 
half the damaged water systems and all of the electrical systems 
and have provided heavy equipment to aid in rescue operations. 
(9) 650 units of blood were donated by personnel of Clark Air 
Force Base and other Pacific Air Force bases and 120 units of 
blood were donated by personnel of the Subic Bay Naval 
Facility. 
(b) SENSE OF CONGRESS.—It is the sense of Congress— 
(1) that the earthquake relief assistance provided by United 
States military forces has played an essential role in the Phil-
ippine recovery from the July 16,1990, earthquake; and 
(2) that those members of the United States Armed Forces 
and their dependents who have assisted in Philippine earth-
quake relief should be commended by Congress for their consid-
erable efforts on behalf of the Philippine people in their 
recovery efforts. 
PART H—CODIFICATION OF CERTAIN PROVISIONS OF LAW AND 
TECHNICAL AMENDMENTS 
SEC. 1481. RESTATEMENT IN TITLE 10, UNITED STATES CODE, OF SE-
LECTED PERMANENT LAW PROVISIONS 
(a) CREDITING OF CERTAIN RECEIPTS FROM FOREIGN MILITARY 
SALES.—(1) Section 114(c) of title 10, United States Code, is 
(A) by inserting "(1)" after "(c)"; and 
(B) by adding at the end the following: 
"(2) Notwithstanding section 37(a) of the Arms Export Control Act 
(22 U.S.C. 2777(a)), amounts received by the United States pursuant 
to subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 
2761(a)(1))-
"(A) shall be credited to the Special Defense Acquisition Fund 
established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et 
seq.), as authorized by section 51(b)(1) of that Act (22 U.S.C. 
2795(b)(1)), but subject to the limitation in paragraph (1) and 
other applicable law; and 
"(B) to the extent not so credited, shall be deposited in the 
Treasury as miscellaneous receipts as provided in section 
33020)) of title 31.". 
^®peal 
(2) Section 9017 of the Department of Defense Appropriations Act, 
10 use 114 note. 
1990 (Public Law 101-165), is repealed. 
(b) AUTHORITY TO PROCURE SERVICES OF EXPERTS AND CONSULT-
ANTS.—(1) Chapter 3 of title 10, United States Code, is amended by 
inserting after section 129a (as added by section 1483(b)) the follow-
ing new section: 
"§ 129b. Experts and consultants: authority to procure services 
"(a) AUTHORITY.—Subject to subsection (b), the Secretary of 
Defense and the Secretaries of the military departments may— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1705 
Repeal. 
10 u s e 2241 
note. 
"(1) procure the services of experts or consultants (or of 
organizations of experts or consultants) in accordance with 
section 3109 of title 5; and 
"(2) pay in connection with such services travel expenses of 
individuals, including transportation and per diem in lieu of 
subsistence while such individuals are traveling from their 
homes or places of business to official duty stations and return 
as may be authorized by law. 
"(b) CONDITIONS.—The services of experts or consultants (or 
organizations thereof) may be procured under subsection (a) only if 
the Secretary of Defense or the Secretary of the military depart-
ment concerned, as the case may be, determines that— 
"(1) the procurement of such services is advantageous to the 
United States; and 
"(2) such services cannot adequately be provided by the 
Department of Defense. 
"(c) REGULATIONS.—Procurement of the services of experts and 
consultants (or organizations thereof) under subsection (a) shall be 
carried out under regulations prescribed by the Secretary of 
Defense.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 129a (as 
added by section 1483(b)) the following new item: 
"129b. Experts and consultants: authority to procure services of.". 
(3) Section 9002 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165), is repealed. 
(c) MILITARY RELOCATION ASSISTANCE PROGRAMS.—(1) Chapter 53 
of title 10, United States Code, is amended by adding at the end a 
new section 1056 consisting of^ 
(A) a heading as follows: 
"§ 1056. Relocation assistance programs"; 
and 
(B) a text consisting of the text of subsections (a) through (g) of 
section 661 of the National Defense Authorization Act of Fiscal 
Years 1990 and 1991 (Public Law 101-189), revised— 
103 Stat. 1463. 
(i) by replacing "Not later than October 1, 1990, the 
Secretary of Defense shall establish" at the beginning of 
subsection (a) with "The Secretary of Defense shall carry 
out"; and 
(ii) by replacing "Armed Forces" each place it appears 
with "armed forces". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"1056. Relocation assistance programs.". 
(3) Section 661 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1463) is 
repealed. 
(4) The program required to be carried out by section 1056 of title 
10, United States Code, as added by paragraph (1), shall be estab-
lished by the Secretary of Defense not later than October 1, 1990. 
The Secretary shall prescribe regulations to implement that section Regulations 
not later than July 1,1990. 
Repeal. 
10 u s e 113 note. 
10 u s e 1056 
note. 
39-194 O - 91 - 12 : QL 3 Part 3 
104 STAT. 1706 
PUBLIC LAW 101-510—NOV. 5, 1990 
Repeal. 
Repeal. 
10 u s e 1593 
note. 
Regulations. 
Repeal. 
10 u s e 2241 
note. 
(d) CIVILIAN PERSONNEL ADMINISTRATION.—(1) Section 1584 of title 
10, United States Code, is amended— 
(A) by inserting "(a) WAIVER OF EMPLOYMENT RESTRICTIONS 
FOR CERTAIN PERSONNEL.—" before "Laws prohibiting"; and 
(B) by adding at the end the following: 
"(b) NOTICE TO CONGRESS OF CERTAIN SALARY INCREASES.—The 
Secretary of Defense shall notify the Committees on Armed Services 
and the Committees on Appropriations of the Senate and House of 
Representatives when any salary increase granted to direct and 
indirect hire foreign national employees of the Department of De-
fense overseas, stated as a percentage, is greater than the higher of 
the following percentages: 
"(1) The percentage pay increase authorized by law for ci-
vilian employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5. 
"(2) The percentage increase provided to national government 
employees of the host nation.". 
(2) The heading of such section is amended to read as follows: 
"§ 1584. Employment of non-citizens". 
(3) Section 1593 of such title is amended by adding at the end the 
following new subsection: 
"(d) 
USE OF APPROPRIATED FUNDS FOR ALLOWANCE.—Amounts 
appropriated annually to the Department of Defense for the pay of 
civilian employees may be used for uniforms, or for allowance for 
uniforms, as authorized by this section and section 5901 of title 5.". 
(4)(A) Section 8114 of the Department of Defense Appropriations 
Act, 1989 (Public Law 100-463; 10 U.S.C. 1584 note), is repealed. 
(B) Section 9010 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165), is repealed. 
(e) MISCELLANEOUS ADMINISTRATIVE PROVISIONS.—(1) Subchapter I 
of chapter 134 of title 10, United States Code, is amended by adding 
after section 2244 (as added by section 904) the following new 
section: 
"§ 2245. Use of aircraft for proficiency flying: limitation 
"(a) An aircraft under the jurisdiction of a military department 
may not be used by a member of the armed forces for the purpose of 
proficiency flying except in accordance with regulations prescribed 
by the Secretary of Defense. 
"(b) Such regulations— 
"(1) may not require proficiency flying by a member except to 
the extent required for the member to maintain flying pro-
ficiency in anticipation of the member's assignment to combat 
operations; and 
"(2) may not permit proficiency flying in the case of a member 
who is assigned to a course of instruction of 90 days or more. 
"(c) In this section, the term 'proficiency flying' has the meaning 
given that term in Department of Defense Directive 1340.4.". 
(2) The table of sections at the beginning of such subchapter is 
amended by adding after the item relating to section 2244, as added 
by section 1036, the following new item: 
"2245. Use of aircraft for proficiency flying: limitation.". 
(3) Section 9006 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165), is repealed. 
PUBLIC LAW 101-510-NOV. 5, 1990 
104 STAT. 1707 
(f) REIMBURSEMENT REQUIRED FOR PROVISION OF MEDICAL CARE TO 
FOREIGN MIUTARY AND DIPLOMATIC PERSONNEL.—(1) Chapter 151 of 
title 10, United States Code, is amended by adding at the end the 
following new section: 
"§ 2549. Provision of medical care to foreign military and diplo-
matic personnel: reimbursement required; waiver for 
provision of reciprocal services 
"(a) REIMBURSEMENT REQUIRED.—Except as provided in subsection 
(b), whenever the Secretary of Defense provides medical care in the 
United States on an inpatient basis to foreign military and diplo-
matic personnel or their dependents, the Secretary shall require 
that the United States be reimbursed for the costs of providing such 
care. Payments received as reimbursement for the provision of such 
care shall be credited to the appropriations against which charges 
were made for the provision of such care. 
"(b) WAIVER WHEN RECIPROCAL SERVICES PROVIDED UNITED STATES 
MILITARY PERSONNEL.—Notwithstanding subsection (a), the Sec-
retary of Defense may provide inpatient medical care in the United 
States without cost to military personnel and their dependents from 
a foreign country if comparable care is made available to a com-
parable number of United States military personnel and their 
dependents in that foreign country.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2549. Provision of medical care to foreign military and diplomatic personnel: reim-
bursement required; waiver for provision of reciprocal services.". 
(3) Section 9020 of the Department of Defense Appropriations Act, Repeal. 
1990 (Public Law 101-165), is repealed. 
10 USC 2241 
(g) LIMITATION ON LEASING OF AIRCRAFT AND VEHICLES TO N O N - "°*®-
FEDERAL AGENCIES.—(1) Chapter 151 of title 10, United States Code, 
as amended by subsection (f), is further amended by adding at the 
end the following new section: 
"§ 2550. Aircraft and vehicles: limitation on leasing to non-Federal 
agencies 
"The Secretary of Defense (or Secretary of a military department) 
may not lease to a non-Federal agency in the United States any 
aircraft or vehicle owned or operated by the Department of Defense 
if suitable aircraft or vehicles are commercially available in the 
private sector. However, nothing in the preceding sentence shall 
affect authorized and established procedures for the sale of surplus 
aircraft or vehicles.". 
(2) The table of sections at the beginning of such chapter, as 
amended by subsection (f), is further amended by adding at the end 
the following new item: 
"2550. Aircraft and vehicles: limitation on leasing to non-Federal agencies.". 
(3) Section 2550 of title 10, United States Code, as added by 
paragraph (1), does not prohibit the leasing of helicopters authorized 
by section 1463 of the Department of Defense Authorization Act, 
1986 (Public Law 99-145; 99 Stat. 765). 
(4) Section 9025 of the Department of Defense Appropriations Act, 
Repeal. 
1990 (Public Law 101-165), is repealed. 
10 USC 2241 
note. 
104 STAT. 1708 
PUBLIC LAW 101-510—NOV. 5, 1990 
Repeal. 
10 u s e 2241 
note. 
Repeal. 
10 u s e 2701 
note. 
(h) ADMINISTRATION OF REAL PROPERTY.—(1) Chapter 159 of title 
10, United States Code, is amended by inserting after section 2677 
the following new section: 
"§ 2678. Feral horses and burros: removal from military installa-
tions 
"When feral horses or burros are found on an installation under 
the jurisdiction of the Secretary of a military department, the 
Secretary may use helicopters and motorized equipment for their 
removal.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2677 the 
following new item: 
"2678. Feral horses and burros: removal from military installations.". 
(3) Section 9030 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165), is repealed. 
(i) ENVIRONMENTAL RESTORATION.—(1) Section 2701 of title 10, 
United States Code, is amended by adding at the end the following 
new subsections: 
"(f) USE OF APPROPRIATED FUNDS AT FORMER D O D SITES.—Appro-
priations available to the Department of Defense may be used at 
sites formerly used by the Department of Defense for removal of 
unsafe buildings or debris of the Department of Defense. 
"(g) REMOVAL OF UNSAFE BUILDINGS AND DEBRIS BEFORE RELEASE 
FROM FEDERAL CONTROL.—In the case of property formerly used by 
the Department of Defense which is to be released from Federal 
Government control and at which there are unsafe buildings or 
debris of the Department of Defense, all actions necessary to comply 
with regulations of the General Services Administration on the 
transfer of property in a safe condition shall be completed before the 
property is released from Federal Government control, except in the 
case of property to be conveyed to an entity of State or local 
government or to a native corporation.". 
(2) Section 9038 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165), is repealed. 
(j) FUNDS AVAILABLE FOR PAYMENT OF CLAIMS.—(1) Chapter 163 of 
title 10, United States Code, is amended by inserting after section 
2731 the following new section: 
"§ 2732. Payment of claims: availability of appropriations 
"Appropriations available to the Department of Defense for oper-
ation and maintenance may be used for payment of claims au-
thorized by law to be paid by the Department of Defense (except for 
civil functions), including— 
"(1) claims for damages arising under training contracts with 
carriers; and 
"(2) repayment of amounts determined by the Secretary con-
cerned to have been erroneously collected— 
"(A) from military and civilian personnel of the Depart-
ment of Defense; or 
"(B) from States or territories or the District of Columbia 
(or members of the National Guard units thereof).". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2731 the 
following new item: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1709 
"2732. Payment of claims: availability of appropriations.". 
(3) Section 8098 of the Department of Defense Appropriations Act, Repeal. 
1989 (Public Law 100-463; 10 U.S.C. 2241 note), is repealed. 
(4)(A) Section 2734(h) of title 10, United States Code, is amended 
by striking out "available to the" and all that follows and inserting 
in lieu thereof the following: "as provided in section 2732 of this 
title.". 
(B) Section 2734a of such title is amended— 
(i) in subsection (c), by striking out "for that purpose" and 
inserting in lieu thereof "as provided in section 2732 of this 
title"; and 
(ii) in subsection (d), by striking out "the appropriation for 
claims of the Department of Defense" and inserting in lieu 
thereof "appropriations £is provided in section 2732 of this title". 
(C) Section 2734b(d) of such title is amended by striking out "for 
that purpose" and inserting in lieu thereof the following: "as pro-
vided in section 2732 of this title". 
(k) LEGISLATIVE CONSTRUCTION.—(1) A reference to a law replaced lO use note 
by the provisions of title 10, United States Code, enacted by this P^^- ^^^• 
section (including a reference in a regulation, order, or other law) 
shall be treated as referring to the corresponding provision enacted 
by this section. 
(2) A regulation, rule, or order in effect under a law replaced by 
the provisions of title 10, United States Code, enacted by this section 
shall continue in effect under the corresponding provision enacted 
by this title until repealed, amended, or superseded. 
(3) An action taken or an offense committed under a law replaced 
by the provisions of title 10, United States Code, enacted by this 
section shall be treated as having been taken or committed under 
the corresponding provision enacted by this title. 
SEC. 1482. CODIFICATION OF CERTAIN RECURRING PROVISIONS OF 
ANNUAL DEFENSE APPROPRIATIONS ACTS 
(a) NOTICE OF INITIATION OF SPECIAL ACCESS PROGRAMS.—Section 
119 of title 10, United States Code, is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new subsec-
tion (f): 
"(f) A special access program may not be initiated until— 
"(1) the defense committees are notified of the program; and 
"(2) a period of 30 days elapses after such notification is 
received. . 
(b) EMPLOYMENT OF ALIENS.—Section 1584 of title 10, United 
States Code, is amended by striking out "any expert" and all that 
follows through "that department" and inserting in lieu thereof 
"personnel of the Department of Defense". 
(c) PROCEDURE FOR TRANSFER OF APPROPRIATIONS.—(1) Chapter 131 
of such title is amended by inserting after section 2212 the following 
new section: 
"§ 2214. Transfer of funds: procedure and limitations 
"(a) PROCEDURE FOR TRANSFER OF FUNDS.—Whenever authority is 
provided in an appropriation Act to transfer amounts in working 
capital funds or to transfer amounts provided in appropriation Acts 
for military functions of the Department of Defense (other than 
military construction) between such funds or appropriations (or any 
subdivision thereof), amounts transferred under such authority 
104 STAT. 1710 
PUBLIC LAW 101-510—NOV. 5, 1990 
shall be merged with and be available for the same purposes and for 
the same time period as the fund or appropriations to which trans-
ferred. 
"(b) LIMITATIONS ON PROGRAMS FOR WHICH AUTHORITY MAY BE 
USED.—Such authority to transfer amounts— 
"(1) may not be used except to provide funds for a higher 
priority item, based on unforeseen military requirements, than 
the items for which the funds were originally appropriated; and 
"(2) may not be used if the item to which the funds would be 
transferred is an item for which Congress has denied funds. 
"(c) NOTICE TO CONGRESS.—The Secretary of Defense shall 
promptly notify the Congress of each transfer made under such 
authority to transfer amounts. 
"(d) 
LIMITATIONS 
ON 
REQUESTS 
TO 
CONGRESS 
FOR 
REPROGRAMMINGS.—Neither the Secretary of Defense nor the Sec-
retary of a military department may prepare or present to the 
Congress, or to any committee of either House of the Congress, a 
request with respect to a reprogramming of funds— 
"(1) unless the funds to be transferred are to be used for a 
higher priority item, based on unforeseen military require-
ments, than the item for which the funds were originally appro-
priated; or 
"(2) if the request would be for authority to reprogram 
amounts to an item for which the Congress has denied funds.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2212 the 
following new item: 
"2214. Transfer of funds: procedure and limitations.". 
10 use 119 note. 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on October 1,1991. 
SEC. 1483. RESTATEMENT OF L
A
W RELATING TO ANNUAL PERSONNEL 
STRENGTH 
AUTHORIZATIONS, 
ANNUAL 
MANPOWER 
REQUIREMENTS REPORTS, AND ANNUAL NATIONAL GUARD 
AND RESERVE COMPONENT PROCUREMENT REPORT 
(a) RESTATEMENT OF CURRENT LAW.—Chapter 2 of title 10, United 
States Code, is amended by striking out section 115 and inserting in 
lieu thereof the following: 
"§ 115. Personnel strengths: requirement for annual authorization 
"(a) Congress shall authorize personnel strength levels for each 
fiscal year for each of the following: 
"(1) The end strength for each of the armed forces (other than 
the Coast Guard) for (A) active-duty personnel who are to be 
paid from funds appropriated for active-duty personnel, and (B) 
active-duty personnel and full-time National Guard duty 
personnel who are to be paid from funds appropriated for 
reserve personnel. 
"(2) The end strength for the Selected Reserve of each reserve 
component of the armed forces. 
"(3) The average military training student loads for each of 
the armed forces (other than the Coast Guard). 
"(4) The end strength for civilian personnel for each compo-
nent of the Department of Defense. 
"(b) No funds may be appropriated for any fiscal year to or for— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1711 
"(1) the use of active-duty personnel or full-time National 
Guard duty personnel of any of the armed forces (other than the 
Coast Guard) unless the end strength for such personnel of that 
armed force for that fiscal year has been authorized by law; 
"(2) the use of the Selected Reserve of any reserve component 
of the armed forces unless the end strength for the Selected 
Reserve of that component for that fiscal year has been au-
thorized by law; 
"(3) training military personnel in the training categories 
described in subsection (f) of any of the armed forces (other than 
the Coast Guard) unless the average student load of that armed 
force for that fiscal year has been authorized by law; or 
"(4) the use of the civilian personnel of any component of the 
Department of Defense unless the end strength for civilian 
personnel of that component for that fiscal year has been 
authorized by law. 
"(c) Upon determination by the Secretary of Defense that such 
action is in the national interest, the Secretary may— 
"(1) increase the end strength authorized pursuant to subsec-
tion (aXl)(A) for a fiscal year for any of the armed forces by a 
number equal to not more than 0.5 percent of that end strength; 
and 
"(2) increase the end strength authorized pursuant to subsec-
tion (a)(1)(B) for a fiscal year for any of the armed forces by a 
number equal to not more than 2 percent of that end strength. 
"(d) In counting active-duty personnel for the purpose of the end-
strengths authorized pursuant to subsection (aXD, persons in the 
following categories shall be excluded: 
"(1) Members of the Ready Reserve ordered to active duty 
under section 673 of this title. 
"(2) Members of the Selected Reserve of the Ready Reserve 
ordered to active duty under section 673b of this title. 
"(3) Members of the National Guard called into Federal serv-
ice under section 3500 or 8500 of this title. 
"(4) Members of the militia called into Federal service under 
chapter 15 of this title. 
"(5) Members of reserve components on active duty for 
training. 
"(6) Members of reserve components on active duty for 180 
days or less to perform special work. 
"(7) Members on full-time National Guard duty for 180 days 
or less. 
"(e) The authorized strength of the Navy under subsection (a)(1) is 
increased by the authorized strength of the Coast Guard during any 
period when the Coast Guard is operating as a service in the Navy. 
"(f) Authorization under subsection (a)(3) is not required for unit 
or crew training student loads, but is required for student loads for 
the following individual training categories: 
"(1) Recruit and specialized training. 
"(2) Flight training. 
"(3) Professional training in military and civilian institutions. 
"(4) Officer acquisition training. 
"§ 115a. Annual manpower requirements report 
"(a) The Secretary of Defense shall submit to Congress, not later 
than February 15 of each fiscal year, an annual manpower require-
104 STAT. 1712 
PUBLIC LAW 101-510—NOV. 5, 1990 
ments report. The report shall be in writing and shall contain the 
Secretary's recommendations for— 
"(1) the annual active-duty end-strength level for each compo-
nent of the armed forces for the next fiscal year; and 
"(2) the annual civilian personnel end-strength level for each 
component of the Department of Defense for the next fiscal 
year. 
"(b)(1) The Secretary shall include in each report under subsection 
(a) justification for the strength levels recommended and an expla-
nation of the relationship between the personnel strength levels 
recommended for that fiscal year and the national security policies 
of the United States in effect at the time. 
"(2) The justification and explanation shall specify in detail for all 
major military force units (including each land force division, car-
rier and other major combatant vessel, air wing, and other com-
parable unit) the following: 
"(A) Unit mission and capability. 
"(B) Strategy which the unit supports. 
"(C) Area of deployment and illustrative areas of potential 
deployment, including a description of any United States 
commitment to defend such areas. 
"(3) The justification and explanation shall also specify in detail 
the manpower required to perform the medical missions of each of 
the armed forces and of the Department of Defense. 
"(c) The Secretary shall include in each report under subsection 
(a) a detailed discussion of the following: 
"(1) The manpower required for support and overhead func-
tions within the armed forces and the Department of Defense. 
"(2) The relationship of the manpower required for support 
and overhead functions to the primary combat missions and 
support policies. 
"(3) The manpower required to be stationed or assigned to 
duty in foreign countries and aboard vessels located outside the 
territorial limits of the United States, its territories, and posses-
sions. 
"(d) In each such report, the Secretary shall also— 
"(1) identify, define, and group by mission and by region the 
types of military bases, installations, and facilities; 
"(2) provide an explanation and justification of the relation-
ship between this base structure and the proposed military force 
structure; and 
"(3) a comprehensive identification of base operating support 
costs and an evaluation of possible alternatives to reduce those 
costs. 
"(e) The Secretary shall also include in each such report, with 
respect to each armed force under the jurisdiction of the Secretary 
of a military department, the following: 
"(1) The number of positions that require warrant officers or 
commissioned officers serving on active duty in each of the 
officer grades during the current fiscal year and the estimated 
number of such positions for each of the next five fiscal years. 
"(2) The estimated number of officers that will be serving on 
active duty in each grade on the last day of the current fiscal 
year and the estimated numbers of officers that will be needed 
on active duty on the last day of each of the next five fiscal 
years. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1713 
"(3) An estimate and analysis for the current fiscal year and 
for each of the next five fiscal years of gains to and losses from 
the number of members on active duty in each officer grade, 
including a tabulation o
f
— 
"(A) retirements displayed by year of active commis-
sioned service; 
"(B) discharges; 
"(C) other separations; 
"(D) deaths; 
"(E) promotions; and 
"(F) reserve and regular officers ordered to active duty. 
"(4) An analysis of the distribution of each of the following 
categories of officers serving on active duty on the last day of 
the preceding fiscal year by grade in which serving and years of 
active commissioned service: 
"(A) Regular officers. 
"(B) Reserve officers on the active-duty list. 
"(C) Reserve officers described in clauses (B) and (C) of 
section 523(b)(1) of this title. 
"(D) Officers other than those specified in subparagraphs 
(A), (B), and (C) serving in a temporary grade. 
"(5) An analysis of the number of officers and enlisted mem-
bers serving on active duty for training as of the last day of the 
preceding fiscal year under orders specifying an aggregate 
period in excess of 180 days and an estimate for the current 
fiscal year of the number that will be ordered to such duty, 
tabulated by— 
"(A) recruit and specialized training; 
"(B) flight training; 
"(C) professional training in military and civilian institu-
tions; and 
"(D) officer acquisition training. 
"(f) In each such report, the Secretary shall also include rec-
ommendations for the average student load for each category of 
training for each component of the armed forces for the next three 
fiscal years. The Secretary shall include in the report justification 
for, and explanation of, the average student loads recommended. 
"(g)(1) In each such report, the Secretary shall also include rec-
ommendations for the end-strength levels for medical personnel for 
each component of the armed forces as of the end of the next fiscal 
year. 
"(2) For purposes of this subsection, the term 'medical personnel' 
includes— 
"(A) in the case of the Army, members of the Medical Corps, 
Dental Corps, Nurse Corps, Medical Service Corps, Veterinary 
Corps, and Army Medical Specialist Corps; 
"(B) in the case of the Navy, members of the Medical Corps, 
Dental Corps, Nurse Corps, and Medical Service Corps; 
"(C) in the case of the Air Force, members designated as 
medical officers, dental officers. Air Force nurses, medical serv-
ice officers, and biomedical science officers; 
"(D) enlisted members engaged in or supporting medically 
related activities; and 
"(E) such other personnel as the Secretary considers appro- 
* 
priate. 
104 STAT. 1714 
PUBLIC LAW 101-510—NOV. 5, 1990 
"§ 115b. Annual report on National Guard and reserve component 
equipment 
"(a) The Secretary of Defense shall submit to the Congress each 
year, not later than February 15, a written report concerning the 
equipment of the National Guard and the reserve components of the 
armed forces for each of the three succeeding fiscal years. 
"(b) Each report under this section shall include the following: 
"(1) Recommendations as to the type and quantity of each 
major item of equipment which should be in the inventory of 
the Selected Reserve of the Ready Reserve of each reserve 
component of the armed forces. 
"(2) A statement of the quantity and average age of each type 
of major item of equipment which is expected to be physically 
available in the inventory of the Selected Reserve of the Ready 
Reserve of each reserve component as of the beginning of each 
fiscal year covered by the report. 
"(3) A statement of the quantity and cost of each type of 
major item of equipment which is expected to be procured for 
the Selective Reserve of the Ready Reserve of each reserve 
component from commercial sources or to be transferred to each 
such Selected Reserve from the active-duty components of the 
armed forces. 
"(4) A statement of the quantity of each type of major item of 
equipment which is expected to be retired, decommissioned, 
transferred, or otherwise removed from the physical inventory 
of the Selected Reserve of the Ready Reserve of each reserve 
component and the plans for replacement of that equipment. 
"(5) A listing of each major item of equipment required by the 
Selected Reserve of the Ready Reserve of each reserve compo-
nent indicating— 
"(A) the full war-time requirement of that component for 
that item, shown in accordance with deployment schedules 
and requirements over successive 30-day periods following 
mobilization; 
"(B) the number of each such item in the inventory of the 
component; 
"(C) a separate listing of each such item in the inventory 
that is a deployable item and is not the most desired item; 
"(D) the number of each such item projected to be in the 
inventory at the end of the third succeeding fiscal year; and 
"(E) the number of nondeployable items in the inventory 
as a substitute for a required major item of equipment. 
"(6) A narrative explanation of the plan of the Secretary 
concerned to provide equipment needed to fill the war-time 
requirement for each major item of equipment to all units of the 
Selected Reserve, including an explanation of the plan to equip 
units of the Selected Reserve that are short of major items of 
equipment at the outset of war. 
"(7) For each item of major equipment reported under para-
graph (3) in a report for one of the three previous years under 
this section as an item expected to be procured for the Selected 
Reserve or to be transferred to the Selected Reserve, the quan-
tity of such equipment actually procured for or transferred to 
the Selected Reserve. 
^ 
"(c) Each report under this section shall be expressed in the same 
format and with the same level of detail as the information pre-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1715 
sented in the annual Five Year Defense Program Procurement 
Annex prepared by the Department of Defense.". 
(b) FURTHER RESTATEMENTS OF EXISTING LAW.—(1) Chapter 3 of 
title 10, United States Code, is amended by inserting after section 
123 the following new section: 
"§ 123a. Suspension of end-strength limitations in time of war or 
national emergency 
"If at the end of any fiscal year there is in effect a war or national 
emergency, the President may defer the effectiveness of any end-
strength limitation with respect to that fiscal year prescribed by law 
for any military or civilian component of the armed forces or of the 
Department of Defense. Any such deferral may not extend beyond 
November 30 of the following fiscal year.". 
(2) Such chapter is further amended by inserting after section 129 
the following new section: 
"§129a. General personnel policy 
"The Secretary of Defense shall use the least costly form of 
personnel consistent with military requirements and other needs of 
the Department. In developing the annual personnel authorization 
requests to Congress and in carrying out personnel policies, the 
Secretary shall— 
"(1) consider particularly the advantages of converting from 
one form of personnel (military, civilian, or private contract) to 
another for the performance of a specified job; and 
"(2) include in each manpower requirements report submitted 
under section 115a of this title a complete justification for 
converting from one form of personnel to another.". 
(c) CLERICAL AMENDMENTS.—(1) The table of sections at the begin-
ning of chapter 2 of title 10, United States Code, is amended by 
striking out the item relating to section 115 and inserting in lieu 
thereof the following new items: 
"115. Personnel strengths: requirement for annual authorization. 
"115a. Annual manpower requirements report. 
"115b. Annual report on National Guard and reserve component equipment.". 
(2) The table of sections at the beginning of chapter 3 of such title 
is amended— 
(A) by inserting after the item relating to section 123 the 
following new item: 
"123a. Suspension of end-strength limitations in time of war or national emergen-
cy."; and 
(B) by inserting after the item relating to section 129 the 
following new item: 
"129a. General personnel policy.". 
SEC. 1484. TECHNICAL AND CLERICAL AMENDMENTS 
(a) DUPLICATE SECTION NUMBERS.—The second section 1592 of title 
10, United States Code (added by section 501(a) of Public Law 101-
193), is redesignated as section 1596, and the item relating to that 
section in the table of sections at the beginning of chapter 81 of such 
title is revised to reflect such redesignation. 
(b) OBSOLETE PROVISIONS.— 
(1) Section 130 of title 10, United States Code, is amended— 
104 STAT. 1716 
PUBLIC LAW 101-510—NOV. 5, 1990 
(A) by striking out "(1) Within" in subsection (b) and all 
that follows through "Such regulations" the first place it 
appears and inserting in lieu thereof "Regulations under 
this section"; and 
(B) by striking out "(2) In this" and inserting in lieu 
thereof "(c) In this". 
(2)(A) Section 2117 of title 10, United States Code, is repealed. 
(B) The table of sections at the beginning of chapter 104 of 
such title is amended by striking out the item relating to section 
2117. 
(3) Section 2382(d) of such title is amended by striking out 
"United States Court of Claims" and inserting in lieu thereof 
"United States Claims Court". 
(4) Section 7307(b) of such title is amended— 
(A) in paragraph (1)— 
(i) by striking out "After August 5, 1974, no" and 
inserting in lieu thereof "A"; 
(ii) by inserting "not" after "may"; and 
(iii) by striking out "disposition thereof has been 
approved by law enacted after such date" and inserting 
in lieu thereof "disposition of that vessel is approved by 
law enacted after August 5,1974"; and 
(B) in paragraph (2), by striking out "After August 5, 
1974, any" and inserting in lieu thereof "A". 
(c) CONFORMING AMENDMENTS TO PRIOR REPEALS.— 
(1) Section 303a of title 37, United States Code, is amended by 
striking out "303, and 311" in subsections (a) and (c) and insert-
ing in lieu thereof "and 303". 
(2) Section 801 of such title is amended by striking out "(b)" 
before "Payment may not be made". 
(d) DATE OF ENACTMENT REFERENCES.— 
(1) Section 2130a of title 10, United States Code, is amended— 
(A) by striking out "the date of the enactment of the 
National Defense Authorization Act for Fiscal Years 1990 
and 1991" in subsection (a)(1) and inserting in lieu thereof 
"November 29,1989,"; and 
(B) by striking out "the date of the enactment of the 
National Defense Authorization Act for Fiscal Years 1990 
and 1991" in subsection (d)(3) and inserting in lieu thereof 
"November 29,1989". 
(2) Section 302d of title 37, United States Code, is amended— 
(A) by striking out "the date of the enactment of the 
National Defense Authorization Act for Fiscal Years 1990 
and 1991" in subsection (a)(1) and inserting in lieu thereof 
"November 29,1989,"; and 
(B) by striking out "the date of the enactment of the 
National Defense Authorization Act for Fiscal Years 1990 
and 1991" in subsection (d)(4) and inserting in lieu thereof 
"November 29,1989". 
(3) Section 302e of title 37, United States Code, is amended— 
(A) by striking out "the date of the enactment of the 
National Defense Authorization Act for Fiscal Years 1990 
and 1991" in subsection (a) and inserting in lieu thereof 
"November 29,1989,"; and 
(B) by striking out "the date of the enactment of the 
National Defense Authorization Act for Fiscal Years 1990 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1717 
and 1991" in subsection (e)(3) and inserting in lieu thereof 
"November 29,1989". 
(4) Section 559(a)(1) of title 37, United States Code, is amended 
by striking out "the date of the enactment of the Victims of 
Terrorism Compensation Act" and inserting in lieu thereof 
"August 27,1986". 
(e) U.S.C. CITATIONS.— 
(1) Section 430(b) of title 37, United States Code, is amended 
by inserting "(20 U.S.C. 921 et seq.)" after "Defense Dependents' 
Education Act of 1978". 
(2) Section 559(c)(2) of such title is amended by inserting "(5 
U.S.C. 5569 note)" after "Victims of Terrorism Compensation 
Act". 
(f) AMENDMENTS FOR STYLISTIC CONSISTENCY.— 
(1) The heading of each chapter of title 37, United States 
Code, is revised so as to appear in all capital letters. 
(2) Section 2382(e) of title 10, United States Code, is amended 
by striking out "issued" and inserting in lieu thereof "pre-
scribed". 
(3) Section 2431(b) of such title, as redesignated by section 
1301(13), is amended by striking out "covered, and specifically 
include, but not be limited to—" in the matter preceding para-
graph (1) and inserting in lieu thereof "covered and shall 
specifically include—". 
(4) Section 2432(c)(3) of such title, as amended by section 
1407(a), is amended— 
(A) by striking out "include—" in the matter preceding 
suloparagraph (A) and inserting in lieu thereof "include the 
following:"; 
(B) by capitalizing the first letter of the first word of each 
of subparagraphs (B) and (C); 
(C) by striking out "; and" at the end of subparagraph (B) 
and inserting in lieu thereof a period; and 
(D) in subparagraph (C)— 
(i) by striking out "program)—" in the matter preced-
ing clause (i) and inserting in lieu thereof "program) 
the following:"; 
(ii) by capitalizing the first letter of the first word of 
each of clauses (i) through (vii); 
(iii) by striking out the semicolon at the end of each 
of clauses (i) through (v) and inserting in lieu thereof a 
period; and 
(iv) by striking out "; and" at the end of clause (vi) 
and inserting in lieu thereof a period. 
(g) DEFINITIONS.— 
(1) Section 1079(jX2)(B) of title 10, United States Code, is 
amended by inserting "the term" after "In subparagraph (A),". 
(2) Section 2382(a)(3) of such title is amended by inserting "the 
term" after "In this subsection,". 
(h) CROSS REFERENCE CORRECTIONS.— 
(1) Section 1098(a) of title 10, United States Code, is amended 
by striking out "subsections (b) and (c)" and inserting in lieu 
thereof "subsection (b)". 
(2) Section 2330(b)(1) of such title is amended by striking out 
"section 114(g)" and inserting in lieu thereof "section 114a". 
(3) Section 2382(a)(3) of such title is amended by striking out 
"subsection (a)" and inserting in lieu thereof "paragraph (1)". 
104 STAT. 1718 
PUBLIC LAW 101-510—NOV. 5, 1990 
(4) Section 2436(d)(3) of such title is amended by striking out 
"section 2320(a)(4)" and inserting in lieu thereof "section 
2302(6)". 
(5) Effective as of November 29, 1989, section 433(a) of title 37, 
United States Code, is amended by striking out "section 691 of 
title 10" and inserting in lieu thereof "section 687 of title 10". 
(6) Section 1013 of title 37, United States Code, is amended by 
striking out "or 1095" and inserting in lieu thereof "or 1095a". 
10 use 2366. 
(7) Section 804(a) of Public Law 101-189 is amended by strik-
ing out "(as amended by section 842)" and inserting in lieu 
thereof "(as amended by section 802(c))". 
103 Stat. 1567. 
(8) Section 1213(b)(3) of Public Law 101-189 is amended by 
inserting "of title 10" after "chapter 18". 
(i) HEADINGS, TABLES OF SECTIONS, ETC.— 
(1) The table of sections at the beginning of subchapter IX of 
chapter 47 of title 10, United States Code, is amended by 
inserting after the item relating to section 867 (article 67) the 
following new item: 
"867a. Art. 67a. Review by the Supreme Court.". 
(2) The second subchapter XI of chapter 47 of such title (as 
added by section 1301(c) of Public Law 101-189) is redesignated 
as subchapter XII. 
(3)(A) The heading of section 2004 of title 10, United States 
Code, is amended by striking out "of the military departments". 
(B) The item relating to such section in the table of sections at 
the beginning of chapter 101 of such title is revised to conform 
to the amendment made by subparagraph (A). 
(4)(A) The heading of section 2007 of title 10, United States 
Code, is amended by striking out the first two words and 
capitalizing the first letter of the third word. 
(B) The item relating to that section in the table of sections at 
the beginning of chapter 101 of such title is revised to conform 
to the amendments made by subparagraph (A). 
(5) The item relating to section 2185 in the table of sections at 
the beginning of chapter 110 of title 10, United States Code, is 
amended by inserting "administered by" after "progams". 
(6) The table of sections at the beginning of chapter 131 of 
such title is amended by striking out the item relating to section 
2213. 
(7) The table of subchapters at the beginning of chapter 138 of 
such title is amended by inserting "Sec." above "2341". 
(8) The table of sections at the beginning of chapter 141 of 
such title is amended by striking out the item relating to section 
2407. 
(9) The table in section 406(b)(1)(C) of title 37, United States 
Code, is amended by inserting a period at the end of footnote 2. 
(]) Department of Veterans Affairs References.— 
(1) Section 107403) of title 10, United States Code, is amended 
by striking out "Administrator" and inserting in lieu thereof 
"Secretary of Veterans Affairs". 
(2) Section 2006(d) of such title is amended by striking out 
"Administrator" in the first sentence and inserting in lieu 
thereof "Secretary of Veterans Affairs". 
(3) Section 2136(a) of such title is amended by striking out 
"Veterans' Administration" both places it appears and insert-
ing in lieu thereof "Department of Veterans Affairs". 
PUBLIC LAW 101-510—NOV. 5,1990 
104 STAT. 1719 
(4) Section 6160(c) of such title is amended by striking out 
"Veterans' Administration" and inserting in lieu thereof "Sec-
retary of Veterans Affairs''. 
(k) MISCELLANEOUS TITLE 10 AMENDMENTS.—Title 10, United 
States Code, is further amended as follows: 
(1) Section 138(aX2) is amended— 
(A) by striking out "(A)" and all that follows through 
"and evaluation" and inserting in lieu thereof "(A) The 
term 'operational test and evaluation"; and 
(B) by striking out "(B)" and all that follows through 
"program" the first place it appears and inserting in lieu 
thereof "(B) The term 'major defense acquisition program". 
(2) Section 513 is amended by striking out "paragraph (1)" in 
subsections (b) and (c) and inserting in lieu thereof "subsection 
(a)". 
(3) Section 653 is amended— 
(A) in subsection (a), by striking out "and" and inserting 
in lieu thereof "or"; and 
(B) in subsection (c)— 
(i) by inserting a comma after "training" the first 
place it appears in paragraphs (1) and (2); and 
(ii) by inserting a comma after "naval flight officer" 
the first place it appears in paragraph (3). 
(4) Section 978(cX3) is amended by striking out "a" after 
"paragraph (1), or". 
(5) Section 1460a(a) (as added effective on October 1, 1991) is 
amended by striking out "section" and inserting in lieu thereof 
"sections". 
(6) Section 1594(d) is amended by striking out "in this section" 
and inserting in lieu thereof "In this section". 
(7) Section 2121(c) is amended by striking out "sections" in the 
third sentence and inserting in lieu thereof "section". 
(8) Section 2350f(d)(lXA) is amended by striking out ", or" at 
the end and inserting in lieu thereof a semicolon. 
(9) Section 2371(f) is amended by striking out "Committees o f 
and inserting in lieu thereof "Committees on". 
(10) Section 2433(c) is amended by striking out "the" each 
place it appears before "such service acquisition executive". 
(11) Section 2435(b)(1) is amended by striking out the closing 
parenthesis after "service acquisition executive designated by 
such Secretary". 
(1) OTHER LAWS.— 
(1) Section 638(a) of Public Law 100-180 (10 U.S.C. 113 note) is 
amended by striking out "under 18 years of age". 
(2) Section 523 of Public Law 100-456 (32 U.S.C. 709 note) is 
amended in subsection (a) by striking out the second comma 
after "at the technician's option". 
(3) Section 503(bX3) of Public Law 101-189 (103 Stat. 1437) is 
10 USC 3380 
amended by inserting "section" after "appointment under", 
note. 
(4) Title XIV of Public Law 101-189 (103 Stat. 1577 et seq.) is 
amended as follows: 
(A) Section 1404(aX2) is amended by striking out "Spouse 
103 Stat. 1579. 
Coverage for Survivor Benefit Plan Participants" in the 
matter to be inserted (effective on October 1, 1991) by the 
amendment made by that section and inserting in lieu 
thereof "Survivor Benefit Plan". 
104 STAT. 1720 
PUBLIC LAW 101-510—NOV. 5, 1990 
10 use 1448 
(B) Section 1405(a)(2) is amended by striking out 
"°*®- 
"COVERGE" and inserting in lieu thereof "COVERAGE". 
(C) Effective as of November 29, 1989, section 1407(a) is 
amended— 
10 use 1447. 
(i) by striking out "both places" in paragraph (1)(A) 
and inserting in lieu thereof "each place"; and 
10 use 1452. 
(ii) by inserting "the second place it appears" in 
paragraph (9)(B) before "and inserting". 
10 use 1601. 
(5) Section 506(c)(3) of Public Law 101-194 is amended by 
striking out subparagraph (B) and inserting in lieu thereof the 
following: 
"(B) by striking out the period at the end of paragraph (7) and 
inserting in lieu thereof'; and'; and". 
(6) The last subparagraph of section 27(f)(3) of the Office of 
41 use 423. 
Federal Procurement Policy Act is amended by striking out 
"(D)" and inserting in lieu thereof "(F)". 
31 use 5111 
PART I—CONGRESSIONAL MEDALS 
note. 
SEC. 1491. CONGRESSIONAL GOLD MEDAL FOR MATTHEW B. RIDGWAY 
(a) FINDINGS.—The Congress finds that— 
(1) General Matthew B. Ridgway, United States Army (Re-
tired), served his country with great honor and distinction for 
more than 40 years; 
(2) during World War II, General Ridgway commanded the 
82nd Airborne Division and later the XVIII Airborne Corps, 
leading his soldiers in some of the most difficult fighting of the 
European theater to achieve Allied victories in North Africa, 
Sicily, Italy, the Normandy invasion, the Battle of the Bulge, 
the Ruhr Pocket, and the crossing of the Rhine and Elbe Rivers. 
(3) in Korea, during the depths of the bitter winter of 1950, 
General Ridgway took command of the seriously demoralized 
Eighth Army, motivated and inspired it to "Stand and Fight", 
and led it on the offensive again; 
(4) under his leadership, the military forces of the United 
Nations Command in Korea recaptured territory that had been 
lost earlier to overwhelming enemy forces and forced the onset 
of armistice negotiations; and 
(5) after his commands in the Korean war. General Ridgway 
continued his outstanding service to his country by serving in 
the positions of Supreme Commander of Allied Powers in 
Europe and Chief of Staff of the United States Army. 
(b) PRESENTATION AUTHORIZED.—The President is authorized to 
present, on behalf of the Congress, to General Matthew B. Ridgway, 
United States Army (Retired) a gold medal of appropriate design, in 
recognition of his distinguished service to the Nation. 
(c) DESIGN AND STRIKING.—For purposes of the presentation re-
ferred to in subsection (b), the Secretary of the Treasury shall strike 
a gold medal with suitable emblems, devices, and inscriptions to be 
determined by the Secretary. 
(d) AUTHORIZATION OF APPROPRIATION.—There is authorized to be 
appropriated an amount not to exceed $25,000 to carry out this 
section. 
(e) DUPUCATE MEDALS.—(1) The Secretary of the Treasury may 
strike and sell duplicates in bronze of the gold medal struck pursu-
ant to subsection (c) under such regulations as the Secretary may 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1721 
prescribe, at a price sufficient to cover the cost thereof, including 
labor, materials, dies, use of machinery, and overhead expenses, and 
the cost of the gold medal. 
(2) The appropriation used to carry out subsection (c) shall be 
reimbursed out of the proceeds of sales under paragraph (1). 
SEC. 1492. CONGRESSIONAL MEDAL FOR VETERANS OF THE ATTACK ON 
PEARL HARBOR 
(a) PURPOSE.—It is the purpose of this section— 
(1) to commemorate the sacrifices made and service rendered 
to the United States by those veterans of the Armed Forces of 
the United States who defended Pearl Harbor and other mili-
tary installations in Hawaii against attack by the Japanese on 
December 7,1941; and 
(2) to honor those veterans on the fiftieth anniversary of that 
attack. 
(b) PRESENTATION AUTHORIZED.—The Speaker of the House of 
Representatives and the President pro tempore of the Senate are 
authorized jointly to present, on behalf of the Congress, to persons 
certified by the Secretary of Defense pursuant to subsection (e) a 
bronze medal 1 ¥2 inches in diameter commemorating the service of 
those persons to the United States. The presentation shall be made 
as close as feasible to the fiftieth anniversary of the attack on Pearl 
Harbor. The medal may be accepted by the next of kin of any such 
person who was killed in action during that attack or who has since 
died. 
(c) DESIGN AND STRIKING.—The Secretary of the Treasury shall 
strike the medal authorized by paragraph (1) in bronze with suitable 
emblems, devices, and inscriptions to be determined by the Sec-
retary of the Treasury. 
(d) ELIGIBILITY REQUIREMENTS.—(1) To be eligible to be presented 
the medal referred to in subsection (b), a person must have been a 
member of the Armed Forces of the United States who was present 
in Hawaii on December 7, 1941, and who participated in combat 
operations that day against Japanese military forces attacking 
Hawaii. A person who was killed or wounded in that attack shall be 
deemed to have participated in the combat operations. 
(2) To establish the eligibility required by paragraph (1), a person 
must present to the Secretary of Defense an application with such 
supporting documentation as the person may have to support such 
person's eligibility or the eligibility of a next of kin. The Secretary of 
Defense shall determine, through the documentation provided and, 
if necessary, independent investigation whether the person meets 
the criteria prescribed in paragraph (1). 
(e) CERTIFICATION.—The Secretary of Defense shall, within 12 
months after the date of enactment of this Act, certify to the 
Speaker of the House of Representatives and the President pro 
tempore of the Senate the names of persons eligible to receive the 
medal. 
(f) NEXT OF KIN.—If applications for a medal are filed by more 
than one next of kin of a person eligible to receive a medal under 
this section, the Secretary of Defense shall determine which next of 
kin will receive the medal. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated such sum as may be necessary to carry out this section. 
104 STAT. 1722 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 1493. YOSEMITE NATIONAL PARK CENTENNIAL MEDAL 
(a) STRIKING AND DESIGN OF MEDALS.—In commemoration of the 
centennial of Yosemite National Park in 1990, the Secretary of the 
Treasury (hereafter in this section referred to as the "Secretary") 
shall strike medals with suitable emblems, devices, and inscriptions 
capturing the scenic and historic significance of the park. The 
design of the medals shall be determined by the Secretary in 
consultation with the Secretary of the Interior and the Commission 
on Fine Arts. 
(b) SALE OF MEDALS.—(1) Notwithstanding any other provision of 
law, the medals issued under this section shall be sold by the 
Secretary at a price equal to the cost of designing and issuing such 
medals (including labor, materials, dies, use of machinery, and 
overhead expenses) and the surcharge provided for in paragraph (3). 
(2) The Secretary shall make bulk sales at a reasonable discount. 
(3) The sale of each medal shall include a surcharge of $2, 
(c) DISTRIBUTION OF SURCHARGES.—Proceeds realized from sur-
charges on medals sold under this section shall be promptly paid by 
the Secretary to a permanent endowment fund for the benefit of 
Yosemite National Park. Such endowment shall be administered by 
the National Park Foundation. The net income from the fund shall 
be paid to the Secretary of the Interior for funding special supple-
mental projects relating to (1) back country trail development and 
rehabilitation, and (2) the preservation of Sequoia groves within the 
boundaries of Yosemite National Park. 
(d) SALE OF MEDALS IN NATIONAL PARK FACILITIES.—The Secretary 
and the Secretary of the Interior shall enter into a memorandum of 
agreement to permit— 
(1) the Secretary to deliver medals to the Secretary of the 
Interior; and 
(2) the Secretary of the Interior to provide for the sale of the 
medals in National Park facilities. 
(e) METAL CONTENT AND SIZE OF MEDALS.—The medals authorized 
to be struck and delivered under this section shall be struck in 
bronze and in the size determined by the Secretary in consultation 
with the Secretary of the Interior. 
(f) EXAMINATION OF RECORDS.—The Comptroller General of the 
United States shall have the right to examine all books, documents, 
and other records of the National Park Foundation related to the 
medals authorized by this section. 
SEC. 1494. NATIONAL MEDALS 
The medals authorized by sections 1491, 1492, and 1493 are na-
tional medals for purposes of chapter 51 of title 31, United States 
Code. 
Armed Forces 
TITLE XV—ARMED FORCES RETIREMENT HOME 
Retirement 
Home Act of 
ggc. 1501. SHORT TITLE 
24 use 401 note 
This title may be cited as the "Armed Forces Retirement Home 
Act of 1991". 
24 u s e 401. 
SEC. 1502. DEFINITIONS 
For purposes of this title: 
(1) The term "Retirement Home" means the Armed Forces 
Retirement Home established under section 1511(a). 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1723 
(2) The term "Retirement Home Board" means the Armed 
Forces Retirement Home Board. 
(3) The term "Local Board" means a Board of Trustees estab-
lished for each facility of the Retirement Home maintained as a 
separate establishment of the Retirement Home for administra-
tive purposes. 
(4) The term "Director" means a Director of the Armed 
Forces Retirement Home appointed under section 1517(a). 
(5) The term "Fund" means the Armed Forces Retirement 
Home Trust Fund established under section 1519(a). 
(6) The term "Armed Forces" does not include the Coast 
Guard when it is not operating as a service in the Navy. 
(7) The term "chief personnel officers" means— 
(A) the Deputy Chief of Staff for Personnel of the Army; 
(B) the Chief of Naval Personnel; 
(C) the Deputy Chief of Staff, Manpower and Personnel of 
the Air Force; and 
(D) the Deputy Chief of Staff for Manpower of the Marine 
Corps. 
(8) The term "senior noncommissioned officers" means the 
following: 
(A) The Sergeant Major of the Army. 
(B) The Master Chief Petty Officer of the Navy. 
(C) The Chief Master Sergeant of the Air Force. 
(D) The Sergeant Major of the Marine Corps. 
PART A—ESTABLISHMENT AND OPERATION OF RETIREMENT HOME 
SEC. 1511. ESTABLISHMENT OF THE ARMED FORCES RETIREMENT HOME 
24 USC 411. 
(a) INCLUSION OF EXISTING HOMES.—The United States Soldiers' 
and Airmen's Home and the Naval Home are hereby incorporated 
into an independent establishment in the Executive branch of the 
Federal Government to be known as the Armed Forces Retirement 
Home. 
(b) PURPOSE.—The purpose of the Retirement Home is to provide, 
through the United States Soldiers' and Airmen's Home and the 
Naval Home, a residence and related services for certain retired and 
former members of the Armed Forces. 
(c) OPERATION.—Each facility of the Retirement Home maintained 
as a separate establishment of the Retirement Home for administra-
tive purposes shall be operated by a Director under the overall 
supervision of the Armed Forces Retirement Home Board. 
(d) PROPERTY AND FACILITIES.—(1) The Retirement Home shall 
consist of such property and facilities as may be transferred to the 
Retirement Home or acquired by the Retirement Home Board for 
inclusion in the Retirement Home. 
(2) On the effective date specified in section 1541(a), the property 
and facilities known and operated as the Naval Home and the 
United States Soldiers' and Airmen's Home shall be transferred to, 
and made a part of, the Retirement Home. 
(e) ACCREDITATION.—The Retirement Home Board shall endeavor 
to secure for each facility of the Retirement Home maintained as a 
separate establishment of the Retirement Home for administrative 
purposes the accreditation of that facility by a nationally recognized 
civilian accrediting organization, such as the Continuing Care 
104 STAT. 1724 
PUBLIC LAW 101-510—NOV. 5, 1990 
Accreditation Commission and the Joint Commission for Accredita-
tion of Health Organizations. 
24 use 412. 
SEC. 1512. RESIDENTS OF RETIREMENT HOME 
(a) PERSONS EUGIBLE TO BE RESIDENTS.—Except as provided in 
subsection Qji), the following persons who served as members of the 
Armed Forces, at least one-half of whose service was not active 
commissioned service (other than as a warrant officer or limited-
duty officer), are eligible to become residents of the Retirement 
Home: 
(1) Persons who— 
(A) are 60 years of age or over; and 
(B) were discharged or released from service in the 
Armed Forces under honorable conditions after 20 or more 
years of active service. 
(2) Persons who are determined under rules prescribed by the 
Retirement Home Board to be incapable of earning a livelihood 
because of a service-connected disability incurred in the line of 
duty in the Armed Forces. 
(3) Persons who— 
(A) served in a war theater during a time of war declared 
by Congress or were eligible for hostile fire special pay 
under section 310 of title 37, United States Code; 
(B) were discharged or released from service in the 
Armed Forces under honorable conditions; and 
(C) are determined under rules prescribed by the Retire-
ment Home Board to be incapable of earning a livelihood 
because of injuries, disease, or disability. 
(4) Persons who— 
Women. 
(A) served in a women's component of the Armed Forces 
before the enactment of the Women's Armed Services 
Integration Act of 1948; and 
(B) are determined under rules prescribed by the Retire-
ment Home Board to be eligible for admission because of 
compelling personal circumstances. 
0?) PERSONS INELIGIBLE TO BE RESIDENTS.—A person described in 
subsection (a) who has been convicted of a felony or is not free of 
drug, alcohol, or psychiatric problems shall be ineligible to become a 
resident of the Retirement Home. 
(c) ACCEPTANCE.—To apply for acceptance as a resident of a 
facility of the Retirement Home, a person eligible to be a resident 
shall submit to the Director of that facility an application in such 
form and containing such information as the Retirement Home 
Board may require. 
(d) PRIORITIES FOR ACCEPTANCE.—The Retirement Home Board 
shall establish a system of priorities for the acceptance of residents 
so that the most deserving applicants will be accepted whenever the 
number of eligible applicants is greater than the Retirement Home 
can accommodate. 
(e) EFFECT OF DEPARTURE.—A resident of the Retirement Home 
who leaves the Retirement Home for more than 45 consecutive days 
(other than for inpatient medical care) shall be required to reapply 
for acceptance as a resident. 
(f) APPLICATION OF ELIGIBILITY REQUIREMENTS TO CURRENT RESI-
DENTS OF THE NAVAL HOME AND THE SOLDIERS' AND AIRMEN'S 
HOME.—Residents of the Naval Home and the United States Sol-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1725 
diers' and Airmen's Home as of the effective date specified in section 
1541(a)— 
(1) shall not be required to apply for acceptance as residents of 
the Retirement Home; and 
(2) shall become residents of the Retirement Home on that 
date. 
SEC. 1513. SERVICES PROVIDED RESIDENTS 
24 USC 413. 
(a) SERVICES PROVIDED.—Except as provided in subsection (b), a 
resident of the Retirement Home shall receive the services au-
thorized by the Retirement Home Board. 
(b) MEDICAL AND DENTAL CARE.—The Retirement Home shall 
provide for the overall health care needs of residents in a high 
quality and cost-effective manner, including on site primary care, 
medical care, and a continuum of long-term care services. Secondary 
and tertiary hospital care for residents that is not available at the 
Retirement Home shall be obtained through agreements with facili-
ties administered by the Secretary of Veterans Affairs or the Sec-
retary of Defense or at private facilities. The Retirement Home may 
not construct an acute care facility. 
SEC. 1514. FEES PAID BY RESIDENTS 
24 USC 414. 
(a) MONTHLY FEES.—The Directors shall collect from each resident 
of the Retirement Home a monthly fee. 
(b) DEPOSIT OF FEES.—The Directors shall deposit fees collected 
under subsection (a) in the Armed Forces Retirement Home Trust 
Fund. 
(c) FIXING FEES.—(1) The Retirement Home Board shall from time 
to time fix the fee required by subsection (a) on the basis of the 
financial needs of the Retirement Home and the ability of the 
residents to pay. 
(2) The fee shall be fixed as a percentage of Federal payments 
made to a resident, including monthly retired or retainer pay, 
monthly civil service annuity, monthly compensation or pension 
paid to the resident by the Secretary of Veterans Affairs, and Social 
Security payments. Residents who do not receive such Federal 
payments shall be required to pay a monthly fee that is equivalent 
to the average monthly fee paid by residents who receive Federal 
payments, subject to such adjustments in the fee as the Retirement 
Home Board may make. The percentage shall be the same for each 
establishment of the Retirement Home. 
(d) APPLICATION OF FEES TO CURRENT RESIDENTS OF THE NAVAL 
HOME AND THE SOLDIERS' AND AIRMEN'S HOME.—(1) Each resident of 
the Naval Home who becomes a resident of the Retirement Home on 
the effective date specified in section 1541(a) shall begin paying a 
monthly fee that is equal to 12.5 percent of the Federal payments 
made to the resident. Each year thereafter, the fee for such resident 
under this subsection shall be increased 2.5 percent until the 
percentage fixed under subsection (c) has been reached. Such 
percentage increase may be adjusted so that the conversion to the 
fee fixed under subsection (c) is accomplished under this subsection 
within six years after such effective date. 
(2) A resident of the United States Soldiers' and Airmen's Home 
who becomes a resident of the Retirement Home on such date and 
who received Federal payments referred to in subsection (c) that 
were not considered for purposes of determining the resident's 
monthly fee for the United States Soldiers' and Airmen's Home 
104 STAT. 1726 
PUBLIC LAW 101-510—NOV. 5, 1990 
shall have that fee increased by an amount that is equal to 12.5 
percent of the monthly equivalent of those payments for the first 
year and 2.5 percent of the monthly equivalent of those payments 
each year thereafter until the percentage fixed pursuant to subsec-
tion (c) has been reached. 
(e) APPLICATION OF FEES FOR NEW RESIDENTS.—A person who 
becomes a resident of the Retirement Home after the effective date 
specified in section 1541(a) shall be required to pay a monthly fee 
that is equal to 25 percent of Federal payments made to the resi-
dent, subject to such adjustments in the fee as may be made under 
subsection (c). 
24 use 415. 
SEC. 1515. COMPOSITION AND OPERATION OF RETIREMENT HOME BOARD 
(a) ESTABLISHMENT.—There is hereby established the Armed 
Forces Retirement Home Board. The Retirement Home Board shall 
exercise policy oversight over the Retirement Home and oversee the 
activities of any local boards of trustees. 
O
b
) MEMBERS.—The Retirement Home Board shall consist of not 
less than 16 members who shall be appointed by the Secretary of 
Defense, unless otherwise indicated, as follows: 
(1) One representative from the office of the Assistant Sec-
retary of Defense (Force Management and Personnel). 
(2) One representative from the Department of Defense 
Comptroller's office. 
(3) One representative from the office of the Assistant Sec-
retary of Defense (Health Affairs). 
(4) One representative from the office of the General Counsel 
of the Department of Defense. 
(5) Two persons who are experts in the operations of retire-
ment homes and who are not officers or employees of the United 
States. 
(6) Two persons who are gerontologists and who are not 
officers or employees of the United States. 
(7) Two persons who are personnel chiefs of the Armed Forces. 
(8) Two persons who are senior noncommissioned officers of 
the Armed Forces. 
(9) One representative from the Office of Management and 
Budget who shall be designated by the Director of the Office of 
Management and Budget. 
(10) One representative from a national noncommissioned 
officer association or a military retiree council who shall be a 
nonvoting member of the Board. 
(11) One representative of the Secretary of Veterans Affairs 
who shall be designated by that Secretary. 
(12) One officer or employee of the Department of Health and 
Human Services who shall be designated by the Secretary of 
Health and Human Services. 
Reports. 
(c) LocAL BoARDS.—Each establishment of the Retirement Home 
shall have a Board of trustees which shall exercise operational 
oversight over the respective facility and provide reports to the 
Retirement Home Board at least twice annually. Each Local Board 
shall consist of at least 11 members appointed by the Secretaries of 
the military departments. The local boards shall consist of the 
following: 
(1) One person who is a civilian expert in nursing home or 
retirement home administration and financing from the geo-
graphical area of each facility. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1727 
(2) One person who is a civilian expert in gerontology from 
the geographical area of each facility. 
(3) One person who is a service expert in financial manage-
ment. 
(4) One representative from the Department of Veterans 
Affairs regional office nearest in proximity to each facility who 
shall be designated by the Secretary of Veterans Affairs. 
(5) One representative from the resident advisory committee 
or council of the respective facility who shall be a nonvoting 
member. 
(6) One enlisted representative of the Services' Retiree Ad-
visory Council. 
(7) The senior noncommissioned officer of an Armed Force. 
(8) One senior representative from the military hospital near-
est in proximity to each facility. 
(9) One senior representative from the Judge Advocate Gen-
eral's Corps from one of the Armed Services. 
(10) The director of the respective facility who shall be a 
nonvoting member. 
(11) One senior representative of one of the chief personnel 
officers of the Armed Services. 
(d) CHAIRMEN.—(1) The Secretary of Defense shall select one of the 
members of the Retirement Home Board to serve as chairman. The 
term of office of the chairman of the Retirement Home Board shall 
be five years. 
(2) The Secretaries of the military departments shall select the 
chairman for each Local Board from the members of that board. The 
term of office of the chairman of a Local Board shall be three years. 
(e) TERMS.—(1) Except as provided in subsection (f), the term of 
office of each member of the Retirement Home Board and each 
Local Board shall be five years. 
(2) A member whose term of office has expired may continue to 
serve until the successor for the member is appointed or designated. 
(f) FIRST APPOINTMENT AND DESIGNATION.—Not later than the 
effective date specified in section 1541(a), members of the Retire-
ment Home Board and the members of each Local Board shall be 
first appointed to staggered terms. 
(g) VACANCIES.—(1) A vacancy in the Retirement Home Board or a 
Local Board shall be filled in the manner in which the original 
appointment or designation was made. 
(2) A member appointed or designated to fill a vacancy occurring 
before the end of the term of the predecessor of the member shall be 
appointed or designated, as the case may be, for the remainder of 
the term for which the predecessor was appointed. 
(3) A vacancy in the Retirement Home Board or a Local Board 
shall not affect its authority to perform its duties. 
(h) COMPENSATION.—(1) Except as provided in paragraph (2), mem-
bers of the Retirement Home Board and members of the Local 
Boards shall— 
(A) be provided a stipend consistent with the daily govern-
ment consultant fee for each day in which the member is 
engaged in the performance of services for the Retirement 
Home Board or a Local Board; and 
(B) while away from home or regular place of business in the 
performance of services for the Retirement Home Board or a 
Local Board, be allowed travel expenses (including per diem in 
lieu of subsistence) in the same manner as a person employed 
104 STAT. 1728 
PUBLIC LAW 101-510—NOV. 5, 1990 
intermittently in Government under sections 5701 through 5707 
of title 5, United States Code. 
(2) A member of the Retirement Home Board or a Local Board 
who is a member of the Armed Forces on active duty or a full-time 
officer or employee of the United States shall receive no additional 
pay by reason of service on the Retirement Home Board or a Local 
Board. 
(i) MEETINGS.—(1) The Retirement Home Board shall meet twice a 
year, or at more frequent intervals, at the call of the chairman or a 
majority of the members. 
(2) The first meeting of the Retirement Home Board shall be held 
during the 30-day period beginning on the later o
f
— 
(A) the effective date specified in section 1541(a); and 
(B) the date on which the last of the five members required by 
subsection (b) to be appointed is first appointed. 
24 use 416. 
SEC. 1516. DUTIES OF RETIREMENT HOME BOARD 
(a) OVERALL OPERATION OF THE RETIREMENT HOME.—The Retire-
ment Home Board shall be responsible for the overall operation of 
the Retirement Home. As part of such responsibilities, the Retire-
ment Home Board shall perform the following duties: 
(1) Issue and ensure compliance with appropriate rules for the 
operation of the Retirement Home. 
(2) Periodically visit, and inspect the operation of, the facili-
ties of the Retirement Home. 
(3) Periodically examine and audit the accounts of the Retire-
ment Home. 
(4) Establish such advisory bodies as the Retirement Home 
Board considers to be necessary. 
Qa) SPECIAL DUTIES OF SPECIFIC MEMBERS.—The Retirement Home 
Board shall assign specific members of the Retirement Home Board 
appointed under section 151503) to oversee the operations of each 
facility of the Retirement Home maintained as a separate establish-
ment of the Retirement Home for administrative purposes. 
(c) ACQUISITION OF REAL PROPERTY.—The Retirement Home Board 
may acquire, for the benefit of the Retirement Home, property and 
facilities for inclusion in the Retirement Home. 
(d) LIMITATION ON THE DISPOSAL OF REAL PROPERTY.—(1) Real 
property of the Retirement Home may not be disposed of by the 
Retirement Home Board by sale or otherwise unless the disposal of 
the property is specifically authorized by law. 
(2) In any case in which any real property is sold by the Retire-
ment Home Board, the Board shall deposit moneys received from 
the sale of the property in the Armed Forces Retirement Home 
Trust Fund. 
(e) GIFTS.—(1) The Retirement Home Board may accept gifts of 
money, property, and facilities on behalf of the Retirement Home. 
(2) Monies received as gifts, or realized from the disposition of 
property and facilities received as gifts, shall be deposited in the 
Fund. 
if) ANNUAL REPORT.—Not later than 90 days after the end of each 
fiscal year, the Retirement Home Board shall submit to the Sec-
retary of Defense, for transmission to Congress, a report describing 
the financial and other affairs of the Retirement Home for that 
fiscal year. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1729 
SEC. 1517. DIRECTORS AND STAFF 
24 USC 417. 
(a) APPOINTMENT AND QUALIFICATIONS.—(1) The Secretary of De-
fense shall appoint a Director for each separate establishment of the 
Retirement Home. 
(2) Each Director shall be appointed from among persons rec-
ommended by the Retirement Home Board who— 
(A) are not officers of the Armed Forces on active duty; and 
(B) have appropriate leadership and management skills, an 
appreciation and understanding of the culture and norms asso-
ciated with military service, and a significant military back-
ground. 
(3) Each Director shall be required to pursue a course of study to 
receive certification as a retirement facilities director by an appro-
priate civilian certifying organization if the Director is not so cer-
tified at the time of appointment. 
(b) APPLICATION OF CIVIL SERVICE LAWS TO APPOINTMENT AND 
FIXING PAY.—The Secretary of Defense may appoint the Director 
referred to in subsection (a) and Deputy Directors for the Retire-
ment Home without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service. 
(c) TERM OF DIRECTOR.—The term of office of a Director shall be 
five years. A Director may be reappointed for one additional term 
upon the completion of the first term of office unless the Director 
has failed to successfully complete a course of study to receive 
certification as a retirement facilities director. 
(d) DUTIES OF DIRECTORS.—(1) A Director shall be responsible for 
the day-to-day operation of the facility of the Retirement Home for 
which the Director is appointed, including the acceptance of ap-
plicants to be residents of that facility. 
(2) The Director shall keep accurate and complete records of the 
operations of that facility of the Retirement Home. 
(e) STAFF.—(1) A Director, subject to the approval of the Retire-
ment Home Board, may appoint and fix the pay of such principal 
staff as the Director considers appropriate to assist the Director in 
operating the facility of the Retirement Home for which the Direc-
tor is appointed. 
(2) The staff shall include persons with experience and expertise 
in the operation and management of retirement homes and in the 
provision of long-term medical care for older persons. 
(3) The Director may exempt four physicians employed at the 
Retirement Home from the provisions of subsections (a), (b), and (c) 
of section 5532 of title 5, United States Code, if the Director deter-
mines that the exemption is necessary to recruit or retain well-
qualified physicians for the Retirement Home. An exemption 
granted under this section shall apply to the retired pay of the 
physician payable for the first month after the month in which the 
exemption is granted and shall terminate upon any break in 
employment with the Retirement Home of three days or more. 
(f) INITIAL OPERATION.—(1) Until the date on which the Secretary 
of Defense first appoints the Director for the establishment of the 
Retirement Home known as the Naval Home, the Governor of the 
Naval Home shall operate that facility consistent with this Act and 
other laws applicable to the Retirement Home. 
(2) Until the date on which the Secretary of Defense first appoints 
the Director for the facility of the Retirement Home known as the 
United States Soldiers' and Airmen's Home, the Governor of the 
104 STAT. 1730 
PUBLIC LAW 101-510—NOV. 5, 1990 
United States Soldiers' and Airmen's Home shall operate that 
establishment consistent with this Act and other laws applicable to 
the Retirement Home. 
24 use 418. 
SEC. 1518. INSPECTION BY INSPECTOR GENERAL OF THE DEPARTMENT 
OF DEFENSE 
The Inspector General of the Department of Defense shall— 
(1) conduct, not later than three years after the effective date 
specified in section 1541(a) (and at six-year intervals thereafter), 
an inspection of the Retirement Home and the records of the 
Retirement Home; 
(2) cause the Inspector Generals of the military departments 
to conduct an inspection of the Retirement Home and its 
records at six-year intervals alternating with the inspections by 
the Inspector General of the Department of Defense so that 
each home is inspected every three years; and 
(3) submit to the Retirement Home Board, the Secretary of 
Defense, and Congress a report describing the results of the 
inspection and containing such recommendations as the Inspec-
tor General considers appropriate. 
24 use 419. 
SEC. 1519. RETIREMENT HOME TRUST FUND 
(a) EsTABUSHMENT.—There is hereby established in the Treasury 
of the United States a trust fund to be known as the Armed 
Forces Retirement Home Trust Fund. The Fund shall consist of the 
following: 
(1) Such amounts as may be transferred to the Fund. 
(2) Moneys deposited in the Fund by the Retirement Home 
Board realized from gifts or from the disposition of property and 
facilities. 
(3) Amounts deposited in the Fund as monthly fees paid by 
residents of the Retirement Home under section 1514. 
(4) Amounts of fines and forfeitures deposited in the Fund 
under section 2772 of title 10, United States Code. 
(5) Amounts deposited in the Fund as deductions from the pay 
of enlisted members, warrant officers, and limited duty officers 
under section 1007(i) of title 37, United States Code. 
(6) Interest from investments made under subsection (c). 
(b) AVAILABILITY AND USE OF FUND.—Amounts in the Fund shall 
be available solely for the operation of the Retirement Home. 
(c) INVESTMENTS.—The Secretary of the Treasury may invest in 
obligations issued or guaranteed by the United States any monies in 
the Fund that the Director determines are not currently needed to 
pay for the operation of the Retirement Home. 
(d) TRANSITIONAL ACCOUNTS.—(1) During the period beginning on 
the date of the enactment of this Act and ending on September 30, 
1994, the Fund shall contain a separate account for each establish-
ment of the Retirement Home. During that period, contributions 
shall be collected under subsection (a) for the account of the Naval 
Home for the purpose of achieving a trust fund five times the 
estimated annual operating budget of the Naval Home. 
(2) Beginning on the date of the enactment of this Act, funds 
required for the operation of the United States Soldiers' and Air-
men's Home shall be drawn from the appropriate account. Begin-
ning on October 1, 1991, funds required for the operation of the 
Naval Home shall be drawn from the account of the Naval Home. 
(3) During the period beginning on the date of the enactment of 
this Act and ending on September 30, 1994— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1731 
(A) amounts collected as monthly fees paid by residents of the 
Naval Home and amounts referred to in subsections (a)(4) and 
(a)(5) derived from enlisted members, warrant officers, and 
limited duty officers of the Navy, Marine Corps, and Coast 
Guard shall be credited to the account relating to that establish-
ment; and 
(B) amounts collected as monthly fees paid by residents of the 
United States Soldiers' and Airmen's Home and amounts re-
ferred to in subsections (a)(4) and (a)(5) derived from members 
and warrant officers of the Army and Air Force shall be cred-
ited to the account relating to that establishment. 
SEC. 1520. DISPOSITION OF EFFECTS OF DECEASED PERSONS; UN- 24 USC 420. 
CLAIMED PROPERTY 
(a) EFFECTS OF DECEASED PERSONS.—The Directors of the establish-
ments of the Retirement Home shall safeguard and dispose of the 
effects of a deceased person delivered to the Retirement Home under 
section 4712(f) or 9712(f) of title 10, United States Code, and the 
estate and effects of a deceased resident of the Armed Forces 
Retirement Home as follows: 
(1) A will or other paper involving property rights shall be 
promptly delivered to the proper court of record. 
(2) If the heirs or legal representative of the deceased cannot 
sooner be ascertained, the Directors shall retain the remaining 
effects until three years after the death of the deceased, and 
then, if a right to the effects is established to the satisfaction of 
the Directors, shall deliver the effects to the living person 
highest on the following list who can be found: 
(A) The surviving spouse or legal representative. 
(B) A child of the deceased. 
(C) A parent of the deceased. 
(D) A brother or sister of the deceased. 
(E) The next-of-kin of the deceased. 
(F) A beneficiary named in the will of the deceased. 
(b) SALE OF EFFECTS.—(1) After three years from the date of death 
of the deceased, the Directors may sell the effects to which a right 
has not been established under subsection (a) (except decorations, 
medals, and citations) by public or private sale, as the Directors 
consider most advantageous. 
(2) After five years from the date of death of the deceased, the 
Directors shall dispose of effects that were not sold under paragraph 
(1) (including decorations, medals, and citations) and to which a 
right has not been established under subsection (a). The sale shall be 
made in the manner that the Directors consider most appropriate in 
the public interest. Disposal may include— 
(A) retaining the effects for the use of the Retirement Home; 
(B) delivering the effects to the Secretary of Veterans Affairs, 
to a State or other military home, to a museum, or to any other 
appropriate institution; or 
(C) destroying the effects if the Retirement Home Board 
determines that they are valueless. 
(c) TRANSFER OF PROCEEDS TO THE FUND.—The net 
proceeds 
received by the Directors from the sale of effects under subsection 
(b) shall be deposited in the Fund. 
(d) SUBSEQUENT CLAIM.—(1) A claim for the net proceeds of the 
sale under subsection (b) of the effects of a deceased may be filed 
with the Comptroller General of the United States at any time 
104 STAT. 1732 
PUBLIC LAW 101-510—NOV. 5, 1990 
within six years after the death of the deceased, for action under 
section 2771 of title 10, United States Code. 
(2) A claim referred to in paragraph (1) may not be considered by a 
court or the Comptroller General unless the claim is filed within the 
time period prescribed in such paragraph. 
(3) A claim allowed by the Comptroller General under paragraph 
(1) shall be certified to the Secretary of the Treasury for payment 
from the Fund in the amount found due, including any interest 
relating to the amount. No claim may be allowed or paid in excess of 
the net proceeds of the estate deposited in the Fund under subsec-
tion (c) plus interest. 
(e) UNCLAIMED PROPERTY.—In the case of property delivered to the 
Retirement Home under section 2575 of title 10, United States Code, 
the Directors shall deliver the property to the owner, the heirs or 
next of kin of the owner, or the legal representative of the owner, if 
a right to the property is established to the satisfaction of the 
Directors within two years after the delivery. 
PART B—TRANSITIONAL PROVISIONS 
24 u s e 431. 
SEC. 1531. TRANSFER OF TRUST FUNDS RELATING TO THE NAVAL HOME 
AND THE SOLDIERS' AND AIRMEN'S HOME 
(a) INITIAL TRANSFER.—(1) On the date of the enactment of this 
Act, all monies in the funds named in paragraph (2) shall be 
transferred to the appropriate account in the Armed Forces Retire-
ment Home Trust Fund, and those funds shall terminate. 
(2) The funds referred to in paragraph (1) are the following: 
(A) Soldiers' Home, permanent fund, referred to in paragraph 
(59) of section 1321(a) of title 31, United States Code. 
(B) Soldiers' Home, interest fund, referred to in paragraph 
(81) of such section. 
(C) Personal funds of deceased inmates. Naval Home, referred 
to in paragraph (5) of such section. 
(D) Any new category of funds created for the Naval Home or 
the United States Soldiers' and Airmen's Home before that 
date. 
(b) SUBSEQUENT TRANSFERS.—After the termination of the funds 
referred to in subsection (a), any monies that would be deposited 
into one of those funds but for the termination of that fund under 
subsection (a) shall be deposited into the Armed Forces Retirement 
Home Trust Fund. 
SEC. 1532. REPEAL OF PROVISIONS RELATING TO THE NAVAL HOME AND 
THE UNITED STATES SOLDIERS'AND AIRMEN'S HOME 
(a) LAWS RELATING TO THE NAVAL HOME.—The following provi-
sions of law are repealed: 
(1) Section 11 of the Act of August 2, 1946 (60 Stat. 854; 24 
U.S.C. 21a). 
(2) Section 9 of the Act of June 26, 1934 (48 Stat. 1229; 24 
U.S.C. 21b). 
(3) The second, third, fourth, and fifth provisos relating to the 
maintenance of the Naval Home under the heading "BUREAU OF 
NAVIGATION" in the Act of June 30, 1914 (38 Stat. 398; 24 U.S.C. 
22, 23). 
(4) The proviso relating to the maintenance of the Naval 
Home under the heading "BUREAU OF NAVIGATION" in the Act of 
March 4,1917 (39 Stat. 1175; 24 U.S.C. 24). 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1733 
(5) The first proviso relating to miscellaneous expenses of the 
Naval Home under the heading "BUREAU OF NAVIGATION" of the 
Act of August 22,1912 (37 Stat. 334; 24 U.S.C. 25). 
Qo) LAWS RELATING TO THE SOLDIERS' AND AIRMEN'S HOME.—The 
following provisions of law are repealed: 
(1) Chapter 2 of title LIX of the Revised Statutes of the United 
States (24 U.S.C. 41, 43, 45, 49, 50). 
24 USC 54. 
(2) The Act entitled "An Act prescribing regulations for the 
Soldiers' Home located at Washington in the District of Colum-
bia, and for other purposes", approved March 3, 1883 (22 Stat. 
564; 24 U.S.C. 41, 43, 46, 48, 59). 
(3) The proviso relating to the military prison at Fort Leaven-
worth, Kansas, under the heading "MISCELLANEOUS OBJECTS, 
WAR DEPARTMENT" in the Act of March 4, 1909 (35 Stat. 1004; 24 
U.S.C. 42). 
(4) Section 1 of Public Law 94-454 (90 Stat. 1518; 24 U.S.C. 
44b). 
(5) The proviso under the heading "UNITED STATES SOLDIERS' 
HOME" in title II of the Act of April 9, 1935 (49 Stat. 147; 24 
U.S.C. 46a). 
(6) The proviso under the heading "UNITED STATES SOL-
DIERS' HOME" in the Act of July 19, 1937 (50 Stat. 519; 24 
U.S.C. 46b). 
SEC. 1533. CONFORMING AMENDMENTS 
(a) TITLE 10.—Title 10, United States Code, is amended as follows: 
(1) Section 1089 is amended— 
(A) in subsection (a) by striking out "United States Sol-
diers' and Airmen's Home" and inserting in lieu thereof 
"Armed Forces Retirement Home"; and 
(B) in subsection (g), by striking out paragraph (3) and 
inserting in lieu thereof the following: 
"(3) the Armed Forces Retirement Home Board, in the case of 
an employee of the Armed Forces Retirement Home; and". 
(2) Section 2575 is amended— 
(A) in subsection (a), by striking out "section 4712, 4713, 
6522, 9712, or 9713" and inserting in lieu thereof "section 
4712, 6522, or 9712"; and 
(B) in subsection (c)— 
(i) by striking out "United States Soldiers' and Air-
men's Home" and inserting in lieu thereof "Armed 
Forces Retirement Home"; 
(ii) by striking out "the Secretary of the Army or the 
Secretary of the Air Force," and inserting in lieu 
thereof "the Secretary of a military department,"; and 
(iii) by striking out the last sentence of such subsec-
tion. 
(3) Effective on the date of the enactment of this Act, section 
2772 is amended— 
(A) by inserting "and forfeitures" after "fines" both 
places it appears; and 
(B) by striking out "or warrant officer" each place it 
appears and inserting in lieu thereof ", warrant officer, or 
limited duty officer". 
(4)(A) Section 2772 is amended to read as follows: 
104 STAT. 1734 
PUBLIC LAW 101-510—NOV. 5, 1990 
"§ 2772. Share of Hnes and forfeitures to beneflt Armed Forces 
Retirement Home 
"(a) DEPOSIT REQUIRED.—The Secretary of the military depart-
ment concerned shall deposit in the Armed Forces Retirement 
Home Trust Fund a percentage (determined under subsection (b)) of 
the following amounts: 
"(1) The amount of forfeitures and fines adjudged against an 
enlisted member, warrant officer, or limited duty officer of the 
armed forces by sentence of a court martial or under authority 
of section 815 of this title (article 15) over and above any 
amount that may be due from the member, warrant officer, or 
limited duty officer for the reimbursement of the United States 
or any individual. 
"(2) The amount of forfeitures on account of the desertion of 
an enlisted member, warrant officer, or limited duty officer of 
the armed forces. 
"(b) DETERMINATION OF PERCENTAGE.—The Armed Forces Retire-
ment Home Board shall determine, on the basis of the financial 
needs of the Armed Forces Retirement Home, the percentage of the 
amounts referred to in subsection (a) to be deposited in the trust 
fund referred to in such subsection. 
"(c) APPLICATION TO COAST GUARD.—In this section, the term 
'armed forces' does not include the Coast Guard when it is not 
operating as a service in the Navy.". 
(B) The item relating to such section in the table of sections at 
the beginning of chapter 165 is amended by striking out "retire-
ment homes and inserting in lieu thereof "Retirement Home". 
(5)(A) Section 4624(c) is amended by striking out "United 
States Soldiers' and Airmen's Home' and inserting in lieu 
thereof "Armed Forces Retirement Home". 
(B) The heading of such section is amended to read as follows: 
"§ 4624. Medical supplies: civilian employees of the Army; Amer-
ican National Red Cross; Armed Forces Retirement 
Home". 
(C) The item relating to such section in the table of sections at 
the beginning of chapter 439 is amended to read as follows: 
"4624. Medical supplies: civilian employees of the Army; American National Red 
Cross; Armed Forces Retirement Home.". 
(6) Section 4712 is amended— 
(A) in subsection (aX2), by striking out "an inmate of the 
United States Soldiers' and Airmen s Home" and inserting 
in lieu thereof "a resident of the Armed Forces Retirement 
Home"; and 
(B) in subsection (f)— 
(i) by striking out "for transmission to the United 
States Soldiers' and Airmen's Home"; and 
(ii) by adding at the end the following: "The Sec-
retary of the Army shall deliver to the Armed Forces 
Retirement Home all items received by the executive 
part of the Department of the Army under this subsec-
tion.". 
Repeal. 
(7)(A) Section 4713 is repealed. 
(B) The table of sections at the beginning of chapter 445 is 
amended by striking out the item relating to such section. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1735 
(8)(A) Section 9624(c) is amended by striking out "United 
States Soldiers' and Airmen's Home" and inserting in lieu 
thereof "Armed Forces Retirement Home". 
(B) The heading of such section is amended to read as follows: 
"§ 9624. Medical supplies: civilian employees of the Air Force; 
American National Red Cross; Armed Forces Retire-
ment Home". 
(C) The item relating to such section in the table of sections at 
the beginning of chapter 939 is amended to read as follows: 
"9624. Medical supplies: civilian employees of the Air Force; American National 
Red Cross; Armed Forces Retirement Home.". 
(9) Section 9712 is amended— 
(A) in subsection (a)(2), by striking out "an inmate of the 
United States Soldiers' and Airmen's Home" and inserting 
in lieu thereof "a resident of the Armed Forces Retirement 
Home"; and 
(B) in subsection (f)— 
(i) by striking out "for transmission to the United 
States Soldiers' and Airmen's Home"; and 
(ii) by adding at the end the following: "The Sec-
retary of the Air Force shall deliver to the Armed 
Forces Retirement Home all items received by the 
executive part of the Department of the Air Force 
under this subsection." 
(10)(A) Section 9713 is repealed. 
Repeal. 
(B) The table of sections at the beginning of chapter 945 is 
amended by striking out the item relating to section 9713. 
(b) TITLE 37.—Section 1007(i) of title 37, United States Code, is 
amended— 
(1) in paragraphs (1), (2)(B), and (3), by striking out "and 
warrant officer" and inserting in lieu thereof ", warrant officer, 
and limited duty officer"; 
(2) by striking out paragraph (2) and inserting in lieu thereof 
the following: 
"(2) Amounts deducted under paragraph (1) shall be deposited in 
the Armed Forces Retirement Home Trust Fund."; 
(3) in paragraph (3)— 
(A) by striking out "the Governor" and all that follows 
through "Airmen's Home," and inserting in lieu thereof 
"the Armed Forces Retirement Home Board,"; and 
(B) by striking out "the homes" and inserting in lieu 
thereof "the Armed Forces Retirement Home"; and 
(4) in paragraph (5), by striking out "or warrant officer" and 
inserting in lieu thereof ", warrant officer, or limited duty 
officer". 
(c) OTHER LAWS.—(1) Section 1321 of title 31, United States Code, 
is amended— 
(A) in subsection (a)— 
(i) by striking out paragraph (5) and inserting in lieu 
thereof the following: 
"(5) Armed Forces Retirement Home Trust Fund."; and 
(ii) by striking out paragraphs (59) and (81); and 
104 STAT. 1736 
PUBLIC LAW 101-510—NOV. 5, 1990 
(B) in subsection (b), by striking out "Soldiers' Home, Perma-
nent Fund" both places it appears and inserting in lieu thereof 
"Armed Forces Retirement Home Trust Fund". 
(2) Section 3 of the Act of June 15, 1943 (chapter 125; 57 Stat. 153; 
24 U.S.C. 6a) is amended by striking out "naval home or". 
(3) Section 906 of title 44, United States Code, is amended in the 
undesignated subparagraph relating to the provision of the Congres-
sional Record to the United States Soldiers' Home by striking out 
"the United States Soldiers' Home and" and inserting in lieu 
thereof "each separate establishment of the Armed Forces Retire-
ment Home,". 
PART C—EFFECTIVE DATE AND AUTHORIZATION OF APPROPRIATIONS 
24 use 401 note. 
SEC. 1541. EFFECTIVE DATE 
(a) IN GENERAL.—Except where otherwise specified, this title and 
the amendments made by this title shall take effect one year after 
the date of the enactment of this Act. 
Qo) ESTABLISHMENT OF FUND.—Sections 1519, 1531, and 1533(c)(1) 
shall take effect on the date of the enactment of this Act. 
(c) APPOINTMENT OF BOARD.—The provisions of section 1515 relat-
ing to the appointment and designation of members of the Retire-
ment Home Board and Local Boards shall take effect on October 1, 
1991. 
24 use 441. 
SEC. 1542. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED 
STATES SOLDIERS' AND AIRMEN'S HOME 
There is authorized to be appropriated for fiscal year 1991 from 
the Soldiers' Home, Permanent Fund, the sum of $53,999,000 for the 
operation of the United States Soldiers' and Airmen's Home. This 
section shall take effect on the date of the enactment of this Act. 
TITLE XVI—CHARTER FOR 82ND AIRBORNE DIVISION 
ASSOCIATION, INCORPORATED 
36 use 4801. 
SEC. 1601. CHARTER 
The 82nd Airborne Division Association, Incorporated, a nonprofit 
corporation organized under the laws of the State of Illinois, is 
recognized as such and is granted a Federal charter. 
36 use 4802. 
SEC. 1602. POWERS 
The 82nd Airborne Division Association, Incorporated (hereinafter 
in this title referred to as the "corporation"), shall have only those 
powers granted to it through its bylaws and articles of incorporation 
filed in the State or States in which it is incorporated and subject to 
the laws of such State or States. 
36 use 4803. 
SEC. 1603. OBJECTS AND PURPOSES OF CORPORATION 
The objects and purposes of the corporation are those provided in 
its articles of incorporation and shall include— 
(1) perpetuating the memory of members of the 82nd Airborne 
Division who fought and died for this Nation; 
(2) furthering the common bond between retired and active 
members of the 82nd Airborne Division; 
(3) providing educational assistance in the form of college 
scholarships and grants to the qualified children of current and 
former members of the 82nd Airborne Division; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1737 
(4) promoting civic and patriotic activities; and 
(5) promoting the indispensable role of airborne defense to the 
national security of the United States. 
SEC. 1604. SERVICE OF PROCESS 
36 USC 4804. 
With respect to service of process, the corporation shall comply 
with the laws of the State or States in which it is incorporated and 
the State or States in which it carries on its activities in furtherance 
of its corporate purposes. 
SEC. 1605. MEMBERSHIP 
36 USC 4805. 
(a) Subject to subsection (b), eligibility for membership in the 
corporation and the rights and privileges of members of the corpora-
tion shall be as provided in the constitution and bylaws of the 
corporation. 
(b) Terms of membership and requirements for holding office 
within the corporation shall not discriminate on the basis of race, 
color, national origin, sex, religion, or handicapped status. 
SEC. 1606. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES 
36 USC 4806. 
The composition of the board of directors of the corporation and 
the responsibilities of such board shall be as provided in the articles 
of incorporation of the corporation and shall be in conformity with 
the laws of the State or States in which it is incorporated. 
SEC. 1607. OFFICERS OF CORPORATION 
36 USC 4807. 
The positions of officers of the corporation and the election of 
members to such positions shall be as provided in the articles of 
incorporation of the corporation and shall be in conformity with the 
laws of the State or States in which it is incorporated. 
SEC. 1608. RESTRICTIONS 
36 USC 4808. 
(a) No part of the income or assets of the corporation may inure to 
the benefit of any member, officer, or director of the corporation or 
be distributed to any such individual during the life of this 
charter. Nothing in this subsection shall be construed to prevent 
the payment of reasonable compensation to the officers of the 
corporation or reimbursement for actual and necessary expenses in 
amounts approved by the board of directors. 
(b) The corporation may not make any loan to any officer, direc-
tor, or employee of the corporation. 
(c) The corporation and any officer and director of the corporation, 
acting as such officer or director, shall not contribute to, support or 
otherwise participate in any political activity or in any manner 
attempt to influence legislation. 
(d) The corporation shall have no power to issue any shares of 
stock nor to declare or pay any dividends. 
(e) The corporation shall not claim congressional approval or 
Federal Government authority for any of its activities. 
SEC. 1609. LIABILITY 
36 USC 4809. 
The corporation shall be liable for the acts of its officers and 
agents whenever such officer and agents have acted within the scope 
of their authority. 
SEC. 1610. BOOKS AND RECORDS; INSPECTION 
36 USC 4810. 
The corporation shall keep correct and complete books and 
records of account and minutes of any proceeding of the corporation 
39-194 O - 91 - 13 : QL 3 Part 3 
104 STAT. 1738 
PUBLIC LAW 101-510—NOV. 5, 1990 
involving any of its members, the board of directors, or any commit-
tee having authority under the board of directors. The corporation 
shall keep, at its principal office, a record of the names and 
addresses of all members having the right to vote in any proceeding 
of the corporation. All books and records of such corporation may be 
inspected by any member having the right to vote in any corpora-
tion proceeding, or by any agent or attorney of such member, for 
any proper purpose at any reasonable time. Nothing in this section 
shall be construed to contravene any applicable State law. 
SEC. 1611. AUDIT OF FINANCIAL TRANSACTIONS 
The first session of the Act entitled "An Act to provide for audit of 
accounts of private corporations established under Federal law", 
approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at 
the end thereof the following: 
"(74) 82nd Airborne Division Association, Incorporated.". 
36 use 4811. 
SEC. 1612. ANNUAL REPORT 
The corporation shall report annually to the Congress concerning 
the activities of the corporation during the preceding fiscal 
year. Such annual report shall be submitted at the time as the 
report of the audit of the corporation required by section 2 of the Act 
entitled "An Act to provide for audit of accounte of private corpora-
tions established under Federal law", approved August 30, 1964 (36 
U.S.C. 1101). The report shall not be printed as a public document. 
36 use 4812. 
SEC. 1613. RESERVATION OF RIGHT TO AMEND, ALTER, OR REPEAL CHAR-
TER 
The right to amend, alter, or repeal this title is expressly reserved 
to the Congress. 
36 use 4813. 
SEC. 1614. DEFINITION OF STATE 
For purposes of this title, the term "State" includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
the Northern Mariana Islands, and the territories and possessions of 
the United States. 
36 use 4814. 
SEC. 1615. TAX-EXEMPT STATUS 
The corporation shall maintain its status as an organization 
exempt from taxation as provided in the Internal Revenue Code of 
1986. 
36 use 4815. 
SEC. 1616. TERMINATION 
If the corporation fails to comply with any of the restrictions or 
provisions of this title, the charter granted by this title shall expire. 
TITLE XVII—MISSILE TECHNOLOGY CONTROLS 
Sec. 1701. Policy. 
Sec. 1702. Amendment to the Export Administration Act of 1979. 
Sec. 1703. Amendment to the Arms Export Control Act of 1979. 
Sec. 1704. Report on missile proliferation. 
50 use app. 
SEC. 1701. POLICY 
It should be the policy of the United States to take all appropriate 
measures— 
(1) to discourage the proliferation, development, and produc-
tion of the weapons, material, and technology necessary to 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1739 
produce or acquire missiles that can deliver weapons of mass 
destruction; 
(2) to discourage countries and private persons in other coun-
tries from aiding and abetting any states from acquiring such 
weapons, material, and technology; 
(3) to strengthen United States and existing multilateral 
export controls to prohibit the flow of materials, equipment, and 
technology that would assist countries in acquiring the ability 
to produce or acquire missiles that can deliver weapons of mass 
destruction, including missiles, warheads and weaponization 
technology, targeting technology, test and evaluation tech-
nology, and range and weapons effect measurement technology; 
and 
(4) with respect to the Missile Technology Control Regime 
("MTCR") and its participating governments— 
(A) to improve enforcement and seek a common and 
stricter interpretation among MTCR members of MTCR 
principles; 
(B) to increase the number of countries that adhere to the 
MTCR; and 
(C) to increase information sharing among United States 
agencies and among governments on missile technology 
transfer, including export licensing, and 
enforcement 
activities. 
SEC. 1702. AMENDMENT TO THE EXPORT ADMINISTRATION ACT OF 1979 
(a) MISSILE TECHNOLOGY CONTROLS.—Section 6 of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405) is amended— 
(1) by redesignating subsections (k) through (p) as subsections 
(m) through (r), respectively; and 
(2) by inserting after subsection (j) the following: 
"(k) NEGOTIATIONS WITH OTHER COUNTRIES.— 
"(1) COUNTRIES PARTICIPATING IN CERTAIN AGREEMENTS.—The 
Secretary of State, in consultation with the Secretary, the 
Secretary of Defense, and the heads of other appropriate depart-
ments and agencies, shall be responsible for conducting negotia-
tions with those countries participating in the groups known as 
the Coordinating Committee, the Missile Technology Control 
Regime, the Australia Group, and the Nuclear Suppliers' 
Group, regarding their cooperation in restricting the export of 
goods and technology in order to carry out— 
"(A) the policy set forth in section 3(2)(B) of this Act, and 
"(B) United States policy opposing the proliferation of 
chemical, biological, nuclear, and other weapons and their 
delivery systems, and effectively restricting the export of 
dual use components of such weapons and their delivery 
systems, in accordance with this subsection and subsections 
(a) and (1). 
Such negotiations shall cover, among other issues, which goods 
and technology should be subject to multilaterally agreed 
export restrictions, and the implementation of the restrictions 
consistent with the principles identified in section 5(b)(2)(C) of 
this Act. 
"(2) OTHER COUNTRIES.—The Secretary of State, in consulta-
tion with the Secretary, the Secretary of Defense, and the heads 
of other appropriate departments and agencies, shall be respon-
sible for conducting negotiations with countries and groups of 
104 STAT. 1740 
PUBLIC LAW 101-510—NOV. 5, 1990 
countries not referred to in paragraph (1) regarding their co-
operation in restricting the export of goods and technology 
consistent with purposes set forth in paragraph (1). In cases 
where such negotiations produce agreements on export restric-
tions that the Secretary, in consultation with the Secretasy of 
State and the Secretary of Defense, determines to be consistent 
with the principles identified in section 5(bX2XC) of this Act, the 
Secretary may treat exports, whether by individual or multiple 
licenses, to countries party to such agreements in the same 
manner as exports are treated to countries that are MTCR 
adherents. 
"(3) REVIEW OF DETERMINATIONS.—The Secretary shall an-
nually review any determination under paragraph (2) with 
respect to a country. For each such country which the Secretary 
determines is not meeting the requirements of £in effective 
export control system in accordance with section 5(bX2XC), the 
Secretary shall restrict oi- eliminate any preferential licensing 
treatment for exports to that country provided under this 
subsection. 
"(1) MISSILE TECHNOLOGY.— 
"(1) DETERMINATION OF CONTROLLED ITEMS.—The Secretary, in 
consultation with the Secretary of State, the Secretary of De-
fense, and the heads of other appropriate departments and 
agencies— 
(A) shall establish and maintain, as part of the control 
list established under this section, a list of all dual use 
goods and technology on the MTCR Annex; and 
(B) may include, as part of the control list established 
under this section, goods and technology that would provide 
a direct and immediate impact on the development of mis-
sile delivery systems and are not included in the MTCR 
Annex but which the United States is proposing to the 
other MTCR adherents to have included in the MTCR 
Annex. 
"(2) REQUIREMENT OF INDIVIDUAL VALIDATED UCENSES.—The 
Secretary shall require an individual validated license for— 
"(A) any export of goods or technology on the list estab-
lished under paragraph (1) to any country; and 
"(B) any export of goods or technology that the exporter 
knows is destined for a project or facility for the design, 
development, or manufacture of a missile in a country that 
is not an MTCR adherent. 
"(3) POLICY OF DENIAL OF LICENSES.—(A) Licenses under para-
graph (2) should in general be denied if the ultimate consignee 
of the goods or technology is a facility in a country that is not an 
adherent to the Missile Technology Control Regime and the 
facility is designed to develop or build missiles. 
"(B) Licenses under paragraph (2) shall be denied if the 
ultimate consignee of the goods or technology is a facility in a 
country the government of which has been determined under 
subsection (j) to have repeatedly provided support for acts of 
international terrorism. 
"(4) CONSULTATION WITH OTHER DEPARTMENTS.—(A) A deter-
mination of the Secretary to approve an export license under 
paragraph (2) for the export of goods or technology to a country 
of concern regarding missile proliferation may be made only 
after consultation with the Secretary of Defense and the Sec-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1741 
retary of State for a period of 20 days. The countries of concern 
referred to in the preceding sentence shall be maintained on a 
classified list by the Secretary of State, in consultation with the 
Secretary and the Secretary of Defense. 
"(B) Should the Secretary of Defense disagree with the deter-
mination of the Secretary to approve an export license to which 
subparagraph (A) applies, the Secretary of Defense shall so 
notify the Secretary within the 20 days provided for consulta-
tion on the determination. The Secretary of Defense shall at the 
same time submit the matter to the President for resolution of 
the dispute. The Secretary shall also submit the Secretary's 
recommendation to the President on the license application. 
"(C) The President shall approve or disapprove the export President, 
license application within 20 days after receiving the submis-
sion of the Secretary of Defense under subparagraph (B). 
"(D) Should the Secretary of Defense fail to notify the Sec-
retary within the time period prescribed in subparagraph (B), 
the Secretary may approve the license application without 
awaiting the notification by the Secretary of Defense. Should 
the President fail to notify the Secretary of his decision on the 
export license application within the time period prescribed in 
subparagraph (C), the Secretary may approve the license ap-
plication without awaiting the President's decision on the li-
cense application. 
"(E) Within 10 days after an export license is issued under 
this subsection, the Secretary shall provide to the Secretary of 
Defense and the Secretary of State the license application and 
accompanying documents issued to the applicant, to the extent 
that the relevant Secretary indicates the need to receive such 
application and documents. 
"(5) INFORMATION SHARING.—The Secretary shall establish a 
procedure for information sharing with appropriate officials of 
the intelligence community, as determined by the Director of 
Central Intelligence, and other appropriate Government agen-
cies, that will ensure effective monitoring of transfers of MTCR 
equipment or technology and other missile technology.". 
(b) 
SANCTIONS FOR MISSILE TECHNOLOGY PROLIFERATION.—The 
Export Administration Act of 1979 is amended by inserting after 
section llA (50 U.S.C. App. 2410a) the following: 
MISSILE PROLIFERATION CONTROL VIOLATIONS 
"SEC. IIB. (a) VIOLATIONS BY UNITED STATES PERSONS.— 
"(1) SANCTIONS.—(A) If the President determines that a 
United States person knowingly— 
"(i) exports, transfers, or otherwise engages in the trade 
of any item on the MTCR Annex, in violation of the provi-
sions of section 38 (22 U.S.C. 2778) or chapter 7 of the Arms 
Export Control Act, section 5 or 6 of this Act, or any 
regulations or orders issued under any such provisions, 
"(ii) conspires to or attempts to engage in such export, 
transfer, or trade, or 
"(iii) facilitates such export, transfer, or trade by any 
other person, 
then the President shall impose the applicable sanctions de-
scribed in subparagraph (B). 
President. 
50 u s e app. 
2410b. 
104 STAT. 1742 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(B) The sanctions which apply to a United States person 
under subparagraph (A) are the following: 
"(i) If the item on the MTCR Annex involved in the 
export, transfer, or trade is missile equipment or tech-
nology within category II of the MTCR Annex, then the 
President shall deny to such United States person, for a 
period of 2 years, licenses for the transfer of missile equip-
ment or technology controlled under this Act. 
"(ii) If the item on the MTCR Annex involved in the 
export, transfer, or trade is missile equipment or tech-
nology within category I of the MTCR Annex, then the 
President shall deny to such United States person, for a 
period of not less than 2 years, all licenses for items the 
export of which is controlled under this Act. 
"(2) DISCRETIONARY SANCTIONS.—In the case of any determina-
tion referred to in paragraph (1), the Secretary may pursue any 
other appropriate penalties under section 11 of this Act. 
"(3) WAIVER.—The President may waive the imposition of 
sanctions under paragraph (1) on a person with respect to a 
product or service if the President certifies to the Congress 
that— 
"(A) the product or service is essential to the national 
security of the United States; and 
"(B) such person is a sole source supplier of the product or 
service, the product or service is not available from any 
alternative reliable supplier, and the need for the product 
or service cannot be met in a timely manner by improved 
manufacturing processes or technological developments. 
"(b) TRANSFERS OF MISSILE EQUIPMENT OR TECHNOLOGY BY FOR-
EIGN PERSONS.— 
"(1) SANCTIONS.—(A) Subject to paragraphs (3) through (7), if 
the President determines that a foreign person, after the date of 
the enactment of this section, knowingly— 
"(i) exports, transfers, or otherwise engages in the trade 
of any MTCR equipment or technology that contributes to 
the design, development, or production of missiles in a 
country that is not an MTCR adherent and would be, if it 
were United States-origin equipment or technology, subject 
to the jurisdiction of the United States under this Act, 
"(ii) conspires to or attempts to engage in such export, 
transfer, or trade, or 
"(iii) facilitates such export, transfer, or trade by any 
other person, 
or if the President has made a determination with respect to a 
foreign person under section 73(a) of the Arms Export Control 
Act, then the President shall impose on that foreign person the 
applicable sanctions under subparagraph (B). 
"(B) The sanctions which apply to a foreign person under 
subparagraph (A) are the following: 
"(i) If the item involved in the export, transfer, or trade is 
within category II of the MTCR Annex, then the President 
shall deny, for a period of 2 years, licenses for the transfer 
to such foreign person of missile equipment or technology 
the export of which is controlled under this Act. 
"(ii) If the item involved in the export, transfer, or trade 
is within category I of the MTCR Annex, then the President 
shall deny, for a period of not less than 2 years, licenses for 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1743 
the transfer to such foreign person of items the export of 
which is controlled under this Act. 
"(iii) If, in addition to actions taken under clauses (i) and 
(ii), the President determines that the export, transfer, or 
trade has substantially contributed to the design, develop-
ment, or production of missiles in a country that is not an 
MTCR adherent, then the President shall prohibit, for a 
period of not less than 2 years, the importation into the 
United States of products produced by that foreign person. 
"(2) 
INAPPLICABILITY WITH RESPECT TO MTCR ADHERENTS.— 
Paragraph (1) does not apply with respect to— 
"(A) any export, transfer, or trading activity that is au-
thorized by the laws of an MTCR adherent, if such 
authorization is not obtained by misrepresentation or 
fraud; or 
"(B) any export, transfer, or trade of an item to an end 
user in a country that is an MTCR adherent. 
"(3) EFFECT OF ENFORCEMENT ACTIONS BY MTCR ADHERENTS.— 
Sanctions set forth in paragraph (1) may not be imposed under 
this subsection on a person with respect to acts described in 
such paragraph or, if such sanctions are in effect against a 
person on account of such acts, such sanctions shall be termi-
nated, if an MTCR adherent is taking judicial or other enforce-
ment action against that person with respect to such acts, or 
that person has been found by the government of an MTCR 
adherent to be innocent of wrongdoing with respect to such acts. 
"(4) ADVISORY OPINIONS.—The Secretary, in consultation with 
the Secretary of State and the Secretary of Defense, may, upon 
the request of any person, issue an advisory opinion to that 
person as to whether a proposed activity by that person would 
subject that person to sanctions under this subsection. Any 
person who relies in good faith on such an advisory opinion 
which states that the proposed activity would not subject a 
person to such sanctions, and any person who thereafter en-
gages in such activity, may not be made subject to such sanc-
tions on account of such activity. 
"(5) WAIVER AND REPORT TO CONGRESS.—(A) In any case other 
than one in which an advisory opinion has been issued under 
paragraph (4) stating that a proposed activity would not subject 
a person to sanctions under this subsection, the President may 
waive the application of paragraph (1) to a foreign person if the 
President determines that such waiver is essential to the na-
tional security of the United States. 
"(B) In the event that the President decides to apply the 
waiver described in subparagraph (A), the President shall so 
notify the Congress not less than 20 working days before issuing 
the waiver. Such notification shall include a report fully articu- Reports, 
lating the rationale and circumstances which led the President 
to apply the waiver. 
"(6) ADDITIONAL WAIVER.—The President may waive the im-
position of sanctions under paragraph (1) on a person with 
respect to a product or service if the President certifies to the 
Congress that— 
"(A) the product or service is essential to the national 
security of the United States; and 
"(B) such person is a sole source supplier of the product or 
service, the product or service is not available from any 
104 STAT. 1744 
PUBLIC LAW 101-510—NOV. 5, 1990 
alternative reliable supplier, and the need for the product 
or service cannot be met in a timely manner by improved 
manufacturing processes or technological developments. 
"(7) EXCEPTIONS.—The President shall not apply the sanction 
under this subsection prohibiting the importation of the prod-
ucts of a foreign person— 
"(A) in the case of procurement of defense articles or 
defense services— 
"(i) under existing contracts or subcontracts, includ-
ing the exercise of options for production quantities to 
satisfy requirements essential to the national security 
of the United States; 
"(ii) if the President determines that the person to 
which the sanctions would be applied is a sole source 
supplier of the defense articles and services, that the 
defense articles or services are essential to the national 
security of the United States, and that alternative 
sources are not readily or reasonably available; or 
"(iii) if the President determines that such articles or 
services are essential to the national security of the 
United States under defense coproduction agreements 
or NATO Programs of Cooperation; 
"(B) to products or services provided under contracts 
entered into before the date on which the President pub-
lishes his intention to impose the sanctions; or 
"(C) to— 
"(i) spare parts, 
"(ii) component parts, but not finished products, 
essential to United States products or production, 
"(iii) routine services and maintenance of products, 
to the extent that alternative sources are not readily or 
reasonably available, or 
"(iv) information and technology essential to United 
States products or production. 
"(c) DEFINITIONS.—For purposes of this section and subsections (k) 
and (1) of section 6— 
"(1) the term 'missile' means a category I system as defined in 
the MTCR Annex, and any other unmanned delivery system of 
similar capability, as well as the specially designed production 
facilities for these systems; 
"(2) the term 'Missile Technology Control Regime' or 'MTCR' 
means the policy statement, between the United States, the 
United Kingdom, the Federal Republic of Germany, France, 
Italy, Canada, and Japan, announced on April 16, 1987, to 
restrict sensitive missile-relevant transfers based on the MTCR 
Annex, and any amendments thereto; 
"(3) the term 'MTCR adherent' means a country that partici-
pates in the MTCR or that, pursuant to an international under-
standing to which the United States is a party, controls MTCR 
equipment or technology in accordance with the criteria and 
standards set forth in the MTCR; 
"(4) the term 'MTCR Annex' means the Guidelines and Equip-
ment and Technology Annex of the MTCR, and any amend-
ments thereto; 
"(5) the terms 'missile equipment or technology' and 'MTCR 
equipment or technology' mean those items listed in category I 
or category II of the MTCR Annex; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1745 
"(6) the term 'foreign person' means any person other than a 
United States person; 
"(7)(A) the term 'person' means a natural person as well as a 
corporation, business association, partnership, society, trust, 
any other nongovernmental entity, organization, or group, and 
any governmental entity operating as a business enterprise, and 
any successor of any such entity; and 
"(B) in the case of countries where it may be impossible to 
identify a specific governmental entity referred to in subpara-
graph (A), the term 'person' means— 
"(i) all activities of that government relating to the devel-
opment or production of any missile equipment or tech-
nology; and 
"(ii) all activities of that government affecting the devel-
opment or production of aircraft, electronics, and space 
systems or equipment; and 
"(8) the term 'otherwise engaged in the trade of means, with 
respect to a particular export or transfer, to be a freight for-
warder or designated exporting agent, or a consignee or end 
user of the item to be exported or transferred.". 
SEC. 1703. AMENDMENT TO THE ARMS EXPORT CONTROL ACT 
The Arms Export Control Act is amended by inserting after 
chapter 6 (22 U.S.C. 2795b. et seq.) the following new chapter: 
"CHAPTER 7—CONTROL OF MISSILES AND MISSILE 
EQUIPMENT OR TECHNOLOGY 
"SEC. 71. LICENSING 
22 USC 2797. 
"(a) EsTABiJSHMENT OF LiST OF CONTROLLED ITEMS.—The Secretary 
of State, in consultation with the Secretary of Defense and the heads 
of other appropriate departments and agencies, shall establish and 
maintain, as part of the United States Munitions List, a list of all 
items on the MTCR Annex the export of which is not controlled 
under section 6(1) of the Export Administration Act of 1979. 
"(b) REFERRAL OF LICENSE APPLICATIONS.—(1) A determination of 
the Secretary of State to approve a license for the export of an item 
on the list established under subsection (a) may be made only after 
the license application is referred to the Secretary of Defense. 
"(2) Within 10 days after a license is issued for the export of an 
item on the list established under subsection (a), the Secretary of 
State shall provide to the Secretary of Defense and the Secretary of 
Commerce the license application and accompanying documents 
issued to the applicant, to the extent that the relevant Secretary 
indicates the need to receive such application and documents. 
"(c) INFORMATION SHARING.—The Secretary of State shall estab-
lish a procedure for sharing information with appropriate officials of 
the intelligence community, as determined by the Director of 
Central Intelligence, and with other appropriate Government agen-
cies, that will ensure effective monitoring of transfers of MTCR 
equipment or technology and other missile technology. 
"SEC. 72. DENIAL OF THE TRANSFER OF MISSILE EQUIPMENT OR TECH- 
President. 
NOLOGY BY UNITED STATES PERSONS 
22 USC 2797a. 
"(a) SANCTIONS.—(1) If the President determines that a United 
States person knowingly— 
104 STAT. 1746 
PUBLIC LAW 101-510—NOV. 5, 1990 
"(A) exports, transfers, or otherwise engages in the trade of 
any item on the MTCR Annex, in violation of the provisions of 
section 38 of this Act, section 5 or 6 of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2404, 2405), or any regulations 
or orders issued under any such provisions, 
"(B) conspires to or attempts to engage in such export, trans-
fer, or trade, or 
"(C) facilitates such export, transfer, or trade by any other 
person, 
then the President shall impose the applicable sanctions described 
in paragraph (2). 
"(2) "nie sanctions which apply to a United States person under 
paragraph (1) are the following: 
"(A) If the item on the MTCR Annex involved in the export, 
transfer, or trade is missile equipment or technology within 
category II of the MTCR Annex, then the President shall deny 
to such United States person for a period of 2 years— 
Government 
"(j) United States Government contracts relating to mis-
contracts, 
g-jg equipment or technology; and 
"(ii) licenses for the transfer of missile equipment or 
technology controlled under this Act. 
"(B) If the item on the MTCR Annex involved in the export, 
transfer, or trade is missile equipment or technology within 
category I of the MTCR, then the President shall deny to such 
United States person for a period of not less than 2 years— 
"(i) all United States Government contracts, and 
"(ii) all export licenses and agreements for items on the 
United States Munitions List. 
"(b) DISCRETIONARY SANCTIONS.—In the case of any determination 
made pursuant to subsection (a), the President may pursue any 
penalty provided in section 38(c) of this Act. 
"(c) WAIVER.—The President may waive the imposition of sanc-
tions under subsection (a) with respect to a product or service if the 
President certifies to the Congress that— 
"(1) the product or service is essential to the national security 
of the United States; and 
"(2) such person is a sole source supplier of the product or 
service, the product or service is not available from any alter-
native reliable supplier, and the need for the product or service 
cannot be met in a timely manner by improved manufacturing 
processes or technological developments. 
President. 
"SEC. 73. TRANSFERS OF MISSILE EQUIPMENT OR TECHNOLOGY BY FOR-
22 use 2797b. 
EIGN PERSONS 
"(a) SANCTIONS.—(1) Subject to subsections (c) through (g), if the 
President determines that a foreign person, after the date of the 
enactment of this chapter, knowingly— 
"(A) exports, transfers, or otherwise engages in the trade of 
any MTCR equipment or technology that contributes to the 
design, development, or production of missiles in a country that 
is not an MTCR adherent and would be, if it were United States-
origin equipment or technology, subject to the jurisdiction of the 
United States under this Act, 
"(B) conspires to or attempts to engage in such export, trans-
fer, or trade, or 
"(C) facilitates such export, transfer, or trade by any other 
person, 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1747 
or if the President has made a determination with respect to a 
foreign person under section llBObXl) of the Export Administration 
Act of 1979, then the President shall impose on that foreign person 
the applicable sanctions under paragraph (2). 
"(2) The sanctions which apply to a foreign person under para-
graph (1) are the following: 
"(A) If the item involved in the export, transfer, or trade is Government 
within category II of the MTCR Annex, then the President shall contracts, 
deny, for a period of 2 years— 
"(i) United States Government contracts relating to mis-
sile equipment or technology; and 
"(ii) licenses for the transfer to such foreign person of 
missile equipment or technology controlled under this Act. 
"(B) If the item involved in the export, transfer, or trade is 
within category I of the MTCR Annex, then the President shall 
deny, for a period of not less than 2 years— 
"(i) all United States Government contracts with such 
foreign person; and 
"(ii) licenses for the transfer to such foreign person of all 
items on the United States Munitions List. 
"(C) If, in addition to actions taken under subparagraphs (A) 
and (B), the President determines that the export, transfer, or 
trade has substantially contributed to the design, development, 
or production of missiles in a country that is not an MTCR 
adherent, then the President shall prohibit, for a period of not 
less than 2 years, the importation into the United States of 
products produced by that foreign person. 
"(b) INAPPUCABILITY WITH RESPECT TO MTCR ADHERENTS.— 
Subsection (a) does not apply with respect to— 
"(1) any export, transfer, or trading activity that is authorized 
by the laws of an MTCR adherent, if such authorization is not 
obtained by misrepresentation or fraud; or 
"(2) any export, transfer, or trade of an item to an end user in 
a country that is an MTCR adherent. 
"(c) EFFECT OF ENFORCEMENT ACTIONS BY MTCR ADHERENTS.— 
Sanctions set forth in subsection (a) may not be imposed under this 
section on a person with respect to acts described in such subsection 
or, if such sanctions are in effect against a person on account of such 
acts, such sanctions shall be terminated, if an MTCR adherent is 
taking judicial or other enforcement action against that person with 
respect to such acts, or that person has been found by the govern-
ment of an MTCR adherent to be innocent of wrongdoing with 
respect to such acts. 
(d) ADVISORY OPINIONS.—The Secretary of State, in consultation 
with the Secretary of Defense and the Secretary of Commerce, may, 
upon the request of any person, issue an advisory opinion to that 
person as to whether a proposed activity by that person would 
subject that person to sanctions under this section. Any person who 
relies in good faith on such an advisory opinion which states that 
the proposed activity would not subject a person to such sanctions, 
and any person who thereafter engages in such activity, may not be 
made subject to such sanctions on account of such activity. 
"(e) WAIVER AND REPORT TO CONGRESS.—(1) In any case other than 
one in which an advisory opinion has been issued under subsection 
(d) stating that a proposed activity would not subject a person to 
sanctions under this section, the President may waive the applica-
tion of subsection (a) to a foreign person if the President determines 
104 STAT. 1748 
PUBLIC LAW 101-510—NOV. 5, 1990 
that such wEiiver is essential to the national security of the United 
States. 
"(2) In the event that the President decides to apply the waiver 
described in paragraph (1), the President shall so notify the Con-
gress not less than 20 working days before issuing the waiver. Such 
notification shall include a report fully articulating the rationale 
and circumstances which led the President to apply the waiver. 
"(f) ADDITIONAL WAIVER.—The President may waive the imposi-
tion of sanctions under paragraph (1) on a person with respect to a 
product or service if the President certifies to the Congress that— 
"(1) the product or service is essential to the national security 
of the United States; and 
"(2) such person is a sole source supplier of the product or 
service, the product or service is not available from any alter-
native reliable supplier, and the need for the product or service 
cannot be met in a timely manner by improved manufacturing 
processes or technological developments. 
"(g) EXCEPTIONS.—The President shall not apply the sanction 
under this section prohibiting the importation of the products of a 
foreign person— 
"(1) in the case of procurement of defense articles or defense 
services— 
"(A) under existing contracts or subcontracts, including 
the exercise of options for production quantities to satisfy 
requirements essential to the national security of the 
United States; 
"(B) if the President determines that the person to which 
the sanctions would be applied is a sole source supplier of 
the defense articles and services, that the defense articles 
or services are essential to the national security of the 
United States, and that alternative sources are not readily 
or reasonably available; or 
"(C) if the President determines that such articles or 
services are essential to the national security of the United 
States under defense coproduction agreements or NATO 
Programs of Cooperation; 
"(2) to products or services provided under contracts entered 
into before the date on which the President publishes his in-
tention to impose the sanctions; or 
"(3) to— 
"(A) spare parts, 
"(B) component parts, but not finished products, essential 
to United States products or production, 
"(C) routine services and maintenance of products, to the 
extent that alternative sources are not readily or reason-
ably available, or 
(D) information and technology essential to United 
States products or production. 
22 u s e 2797c. 
"SEC. 74. DEFINITIONS 
For purposes of this chapter— 
"(1) the term 'missile' means a category I system as defined in 
the MTCR Annex, and any other unmanned delivery system of 
similar capability, as well as the specially designed production 
facilities for these systems; 
"(2) the term 'Missile Technology Control Regime' or 'MTCR' 
means the policy statement, between the United States, the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1749 
United Kingdom, the Federal Republic of Germany, France, 
Italy, Canada, and Japan, announced on April 16, 1987, to 
restrict sensitive missile-relevant transfers based on the MTCR 
Annex, and any amendments thereto; 
"(3) the term 'MTCR adherent' means a country that partici-
pates in the MTCR or that, pursuant to an international under-
standing to which the United States is a party, controls MTCR 
equipment or technology in accordance with the criteria and 
standards set forth in the MTCR; 
"(4) the term 'MTCR Annex' means the Guidelines and Equip-
ment and Technology Annex of the MTCR, and any amend-
ments thereto; 
"(5) the terms 'missile equipment or technology' and 'MTCR 
equipment or technology' mean those items listed in category I 
or category II of the MTCR Annex; 
"(6) the term 'United States person' has the meaning given 
that term in section 16(2) of the Export Administration Act of 
1979 (50 U.S.C. App. 2415(2)); 
"(7) the term 'foreign person' means any person other than a 
United States person; 
"(8)(A) the term 'person' means a natural person as well as a 
corporation, business association, partnership, society, trust, 
any other nongovernmental entity, organization, or group, and 
any governmental entity operating as a business enterprise, and 
any successor of any such entity; and 
"(B) in the case of countries where it may be impossible to 
identify a specific governmental entity referred to in subpara-
graph (A), the term 'person' means— 
"(i) all activities of that government relating to the devel-
opment or production of any missile equipment or tech-
nology; and 
"(ii) all activities of that government affecting the devel-
opment or production of aircraft, electronics, and space 
systems or equipment; and 
"(9) the term 'otherwise engaged in the trade of means, with 
respect to a particular export or transfer, to be a freight for-
warder or designated exporting agent, or a consignee or end 
user of the item to be exported or transferred.". 
SEC. 1704. REPORT ON MISSILE PROLIFERATION 
22 USC 2797 
(a) CONTENTS OF REPORT.—Not later than 90 days after the date of 
the enactment of this Act, and every 180 days thereafter, the 
President shall submit to the Congress a report on international 
transfers of aircraft which the Secretary has reason to believe may 
be intended to be used for the delivery of nuclear, biological, or 
chemical weapons (hereinafter in this section referred to as "NBC 
capable aircraft") and international transfers of MTCR equipment 
or technology to any country that is not an MTCR adherent and is 
seeking to acquire such equipment or technology, other than those 
countries excluded in subsection (b). Each such report shall 
include— 
(1) the status of missile and aircraft development programs in 
any such country, including efforts by such country to acquire 
MTCR equipment or technology and NBC capable aircraft and 
an assessment of the present and future capability of such 
country to produce and utilize such weapons; 
104 STAT. 1750 
PUBLIC LAW 101-510—NOV. 5, 1990 
(2) a description of assistance provided, after the date of the 
enactment of this Act, to any such country, in the development 
of missile systems, as defined in the MTCR, and NBC capable 
aircraft by persons and other countries, specifying those persons 
and other countries which continue to provide MTCR equip-
ment or technology to such country as of the date of the report; 
(3) a description of diplomatic measures that the United 
States has taken or that other MTCR adherents have made to 
the United States with respect to activities of private persons 
and countries suspected of violating the MTCR; 
(4) an analysis of the effectiveness of the regulatory and 
enforcement regimes of the United States and other MTCR 
adherents to control the export of MTCR equipment or tech-
nology; 
(5) a determination of whether transfers of MTCR equipment 
or technology by any country pose a significant threat to the 
national security of the United States; 
(6) a summary of advisory opinions issued under section 
llB(b)(4) of the Export Administration Act of 1979 and under 
section 73(d) of the Arms Export Control Act; and 
(7) an explanation of United States policy regarding the 
tranfer of MTCR equipment or technology to foreign missile 
programs, including space launch vehicle programs. 
(b) EXCLUSIONS.—The countries excluded under subsection (a) are 
Australia, Belgium, Canada, Denmark, the Federal Republic of 
Germany, France, Greece, Iceland, Israel, Italy, Japan, Luxem-
bourg, Netherlands, Norway, Portugal, Spain, Turkey, and the 
United Kingdom. 
(c) CLASSIFICATION.—The President shall make every effort to 
submit all of the information required by subsection (a) in unclassi-
fied form. Whenever the President submits any such information in 
classified form, he shall submit such classified information in an 
addendum and shall also submit simultaneously a detailed sum-
mary, in unclassified form, of such classified information. 
(d) DEFINITIONS.—For purposes of this section, the terms "mis-
sile", "MTCR", "MTCR equipment or technology", and "MTCR 
adherent" have the meanings given those terms in section 74 of the 
Arms Export Control Act. 
TITLE XVIII—STRATEGIC ENVIRONMENTAL RESEARCH 
AND DEVELOPMENT PROGRAM 
SEC. 1801. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT 
PROGRAM 
(a) PROGRAM REQUIRED.—(1) Title 10, United States Code, is 
amended by inserting after chapter 171 the following new chapter: 
"CHAPTER 172—STRATEGIC ENVIRONMENTAL RESEARCH 
AND DEVELOPMENT PROGRAM 
"Sec. 
"2901. Strategic Environmental Research and Development Program. 
"2902. Strategic Environmental Research and Development Program Council. 
"2903. Executive Director. 
"2904. Strategic Environmental Research and Development Program Scientific 
Advisory Board. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1751 
"§ 2901. Strategic Environmental Research and Development Pro-
gram 
"(a) The Secretary of Defense shall establish a program to be 
known as the 'Strategic Environmental Research and Development 
Program'. 
"(b) The purposes of the program are as follows: 
"(1) To address environmental matters of concern to the 
Department of Defense and the Department of Energy through 
support for basic and applied research and development of 
technologies that can enhance the capabilities of the depart-
ments to meet their environmental obligations. 
"(2) To identify research, technologies, and other information 
developed by the Department of Defense and the Department of 
Energy for national defense purposes that would be useful to 
governmental and private organizations involved in the devel-
opment of energy technologies and of technologies to address 
environmental restoration, waste minimization, 
hazardous 
waste substitution, and other environmental concerns, and to 
share such research, technologies, and other information with 
such governmental and private organizations. 
"(3) To furnish other governmental organizations and private 
organizations with data, enhanced data collection capabilities, 
and enhanced analytical capabilities for use by such organiza-
tions in the conduct of environmental research, including re-
search concerning global environmental change. 
"(4) To identify technologies developed by the private sector 
that are useful for Department of Defense and Department of 
Energy defense activities concerning environmental restoration, 
hazardous and solid waste minimization and prevention, 
hazardous material substitution, and provide for the use of such 
technologies in the conduct of such activities. 
"§ 2902. Strategic Environmental Research and Development Pro-
gram Council 
"(a) There is a Strategic Environmental Research and Develop-
ment Program Council (hereinafter in this chapter referred to as the 
'Council'). 
"(b) The Council is composed of nine members as follows: 
"(1) The Assistant Secretary of Defense responsible for mat-
ters relating to production and logistics. 
"(2) The Director of Defense Research and Engineering. 
"(3) The Vice Chairman of the Joint Chiefs of Staff. 
"(4) The Assistant Secretary of the Air Force responsible for 
matters relating to space. 
"(5) The Assistant Secretary of Energy for Defense programs. 
"(6) The Director of the Department of Energy Office of 
Environmental Restoration and Waste Management. 
"(7) The Director of the Department of Energy Office of 
Energy Research. 
"(8) The Administrator of the Environmental Protection 
Agency. 
"(9) The Executive Director of the Council (appointed pursu-
ant to section 2903 of this title), who shall be a nonvoting 
member. 
"(c) The Secretary of Defense shall designate a member of the 
Council as chairman for each odd numbered fiscal year. The Sec-
104 STAT. 1752 
PUBLIC LAW 101-510—NOV. 5, 1990 
retary of Energy shall designate a member of the Council as chair-
man for each even-numbered fiscal year. 
"(d) The Council shall have the following responsibilities: 
"(1) To prescribe policies and procedures to implement the 
Strategic Environmental Research and Development Program. 
"(2) To enter into contracts, grants, and other financial 
arrangements, in accordance with other applicable law, to carry 
out the purposes of the Strategic Environmental Research and 
Development Program. 
"(3) To prepare an annual five-year strategic environmental 
research and development plan that shall cover the fiscal year 
in which the plan is prepared and the four fiscal years following 
such fiscal year. 
"(4) To promote the maximum exchange of information, and 
to minimize duplication, regarding environmentally related re-
search, development, and demonstration activities through close 
coordination with the military departments and Defense Agen-
cies, the Department of Energy, the Environmental Protection 
Agency, the National Oceanic and Atmospheric Administration, 
the National Aeronautics and Space Administration, other 
departments and agencies of the Federal Government or any 
State and local governments, including the Federal Coordinat-
ing Council on Science, Engineering, and Technology, and other 
organizations engaged in such activities. 
"(5) To ensure that research and development activities under 
the Strategic Environmental Research and Development Pro-
gram do not duplicate other ongoing activities sponsored by the 
Department of Defense, the Department of Energy, the 
Environmental Protection Agency, the National Oceanic and 
Atmospheric Administration, the National Aeronautics and 
Space Administration, or any other department or agency of the 
Federal Government. 
"(6) To ensure that the research and development programs 
identified for support pursuant to policies and procedures pre-
scribed by the council utilize, to the maximum extent possible, 
the talents, skills, and abilities residing at the Federal labora-
tories, including the Department of Energy multiprogram and 
defense laboratories, the Department of Defense laboratories, 
and Federal contract research centers. To utilize the research 
capabilities of institutions of higher education and private in-
dustry to the extent practicable. 
"(e) In carrying out subsection (d)(1), the Council shall prescribe 
policies and procedures that— 
"(1) provide for appropriate access by Federal Government 
personnel. State and local government personnel, college and 
university personnel, industry personnel, and the general public 
to data under the control of, or otherwise available to, the 
Department of Defense that is relevant to environmental mat-
ters by— 
"(A) identifying the sources of such data; 
"(B) publicizing the availability and sources of such data 
by appropriately-targeted dissemination of information to 
such personnel and the general public, and by other means; 
and 
"(C) providing for review of classified data relevant to 
environmental matters with a view to declassifying or 
preparing unclassified summaries of such data; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1753 
"(2) provide governmental and nongovernmental entities with 
analytic assistance, consistent with national defense missions, 
including access to military platforms for sensor deployment 
and access to computer capabilities, in order to facilitate 
environmental research; 
"(3) provide for the identification of energy technologies 
developed for national defense purposes (including electricity 
generation systems, energy storage systems, alternative fuels, 
biomass energy technology, and applied materials technology) 
that might have environmentally sound, energy efficient ap-
plications for other programs of the Department of Defense and 
the Department of Energy national security programs, particu-
larly technologies that have the potential for industrial, 
commercial, and other governmental applications, and to sup-
port programs of research in and development of such applica-
tions; 
"(4) provide for the identification and support of programs of 
basic and applied research, development, and demonstration in 
technologies useful— 
"(A) to facilitate environmental compliance, remediation, 
and restoration activities of the Department of Defense and 
at Department of Energy defense facilities; 
"(B) to minimize waste generation, including reduction at 
the source, by such departments; or 
"(C) to substitute use of nonhazardous, nontoxic, non-
polluting, and other environmentally sound materials and 
substances for use of hazardous, toxic, and polluting mate-
rials and substances by such departments; 
"(5) provide for the identification and support of research, 
development, and application of other technologies developed 
for national defense purposes which not only are directly useful 
for programs, projects, and activities of such departments, but 
also have useful applications for solutions to such national and 
international environmental problems as climate change and 
ozone depletion; 
"(6) provide for the Secretary of Defense, the Secretary of 
Energy, and the Administrator of the Environmental Protection 
Agency, in cooperation with other Federal and State agencies, 
as appropriate, to conduct joint research, development, and 
demonstration projects relating to innovative technologies, 
management practices, and other approaches for purposes o
f
— 
"(A) preventing pollution from all sources; 
"(B) minimizing hazardous and solid waste, including 
recycling; and 
"(C) treating hazardous and solid waste, including the use 
of thermal, chemical, and biological treatment technologies; 
"(7) encourage transfer of technologies referred to in clauses 
(2) through (6) to the private sector under the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) and 
other applicable laws; 
"(8) provide for the identification of, and planning for the 
demonstration and use of, existing environmentally sound, 
energy-efficient technologies developed by the private sector 
that could be used directly by the Department of Defense; 
"(9) provide for the identification of military specifications 
that prevent or limit the use of environmentally beneficial 
technologies, materials, and substances in the performance of 
104 STAT. 1754 
PUBLIC LAW 101-510—NOV. 5, 1990 
Department of Defense contracts and recommend changes to 
such specifications; and 
"(10) to ensure that the research and development programs 
identified for support pursuant to the policies and procedures 
prescribed by the Council are closely coordinated with, and do 
not duplicate, ongoing activities sponsored by the Department 
of Defense, the Department of Energy, the Environmental 
Protection Agency, the National Aeronautics and Space 
Administration, 
the 
National 
Oceanic 
and 
Atmospheric 
Administration, or other Federal agencies. 
"(f)(1) To assist the Council in preparing the five-year strategic 
environmental research and development plan under subsection 
(d)(3), the Secretary of Defense and the Secretary of Energy may 
each submit to the Council a proposal for conducting environmental 
research under this chapter. The Secretary of each department shall 
ensure that the environmental research proposal of the department 
includes— 
"(A) short- and long-term, cooperative, basic, and applied 
research systems engineering and development programs in 
environmental research; 
"(B) short- and long-term, basic research in environmental 
restoration at the respective laboratories of each department; 
and 
"(C) participation by industry and institutions of higher edu-
cation. 
"(2) The Secretary of each department shall ensure that, in the 
! 
development of its environmental research proposal, consideration 
is given to— 
"(A) the need for increased research in basic science, includ-
ing basic materials, physics, molecular structures, chemistry, 
and biology related to environmental research at that Depart-
ment's defense operations, production, research, and mainte-
nance facilities; and 
"(B) ways to identify and conduct research and development 
on technologies for environmental restoration, remediation and 
waste cleanup activities, waste minimization, and hazardous 
and toxic materials substitution potential in defense production 
and maintenance activities. 
"(3) The Secretary of each department shall transmit the proposal 
to the Council not later than July 1 of each year. 
"(g) The Council shall be subject to the authority, direction, and 
control of the Secretary of Defense in prescribing policies and 
procedures under subsection (d)(1). 
Reports. 
"(h)(1) Not later than February 1 of each year, the Council shall 
submit to the Secretary of Defense an annual report on the annual 
five-year strategic environmental research and development plan 
prepared pursuant to subsection (d)(3). 
"(2) The report shall contain the following: 
"(A) A description of the actions to be taken during the five-
year period covered by the plan in order to prevent duplication 
of research and development activities referred to in the policies 
and procedures prescribed pursuant to subsection (d)(1). 
"(B) A description of the involvement with Federal inter-
agency coordinating entities such as the Federal Coordinating 
Council on Science, Engineering, and Technology. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1755 
"(C) A description of each project selected or recommended by 
the Council for support and funding, including the duration of, 
and the total estimated or (if known) actual cost o
f
— 
"(i) each such project supported during the fiscal year in 
which the plan is submitted and the preceding fiscal year; 
and 
"(ii) each such project proposed for funding during the 
fiscal year in which the annual report is submitted and the 
following four fiscal years. 
"(D) The amounts requested, in the budget submitted to 
Congress pursuant to section 1105(a) of title 31 for the fiscal 
year following the fiscal year in which the annual report is 
submitted, for the programs, projects, and activities of the 
Strategic Environmental Research and Development Program 
and the estimated expenditures under such programs, projects, 
and activities during such following fiscal year. 
"(E) The amount requested in such budget for each Federal 
laboratory, including each Department of Defense and Depart-
ment of Energy laboratory. 
"(F) The amount made available, for the fiscal year in which 
the annual report is submitted, to each Federal laboratory, 
including each Department of Defense and Department of 
Energy laboratory. 
"(G) A description of any changes in military specifications 
recommended by the Council, actions to be taken to effectuate 
any such recommended changes on an expedited basis, and the 
projected date for each such change. 
"(H) A description of all contracts, agreements, or other 
documents for cooperative research and development activities 
entered into pursuant to the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) during the fiscal 
year preceding the fiscal year in which the annual report is 
submitted. 
"(I) Plans for transferring technology and information to 
other governmental agencies and to nongovernmental organiza-
tions involved in environmental research and related matters. 
"(J) A description of plans to increase access to data described 
in subsection (e)(1). 
"(K) Such additional recommendations or proposals, including 
proposals for legislation, relating to the Strategic Environ-
mental Research and Development Program as the Council 
considers appropriate. 
"(3) The Council shall make a draft of the five-year strategic 
environmental research and development plan covered by each 
report available for public comment for a period of at least 30 days. 
"(4) Not later than March 15 of each year the Secretary of Defense Reports. 
and the Secretary of Energy shall transmit the annual report to the 
Congress. The Secretary of Defense and the Secretary of Energy 
may submit such comments on the annual report as each Secretary 
considers appropriate. 
"§ 2903. Executive Director 
"(a) There shall be an Executive Director of the Council appointed 
by the Secretary of Defense after consultation with the Secretary of 
Energy. 
"(b) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Executive Director is responsible for the 
104 STAT. 1756 
PUBLIC LAW 101-510—NOV. 5, 1990 
management of the Strategic Environmental Research and Develop-
ment Program in accordance with the policies established by the 
Council. 
"(c) The Executive Director may enter into contracts or other 
agreements in accordance with applicable law, except that the 
Executive Director shall first obtain the approval of the Council for 
any contract or agreement in an amount equal to or in excess of 
$500,000 or such lesser amount as the Council may prescribe. 
"(d)(1) The Executive Director, with the concurrence of the Coun-
cil, may appoint such professional and clerical staff as may be 
necessary to carry out the responsibilities and policies of the 
Council. 
"(2) The Executive Director, with the concurrence of the Council 
and without regard to the provisions of chapter 51 of title 5 and 
subchapter III of chapter 53 of such title, may establish the rates of 
basic pay for professional, scientific, and technical employees ap-
pointed pursuant to paragraph (1). The authority provided in the 
preceding sentence shall expire two years after the date of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 1991. 
"§ 2904. Strategic Environmental Research and Development Pro-
gram Scientinc Advisory Board 
"(a) The Secretary of Defense and the Secretary of Energy, in 
consultation with the Administrator of the Environmental Protec-
tion Agency, shall jointly appoint a Strategic Environmental 
Research and Development Program Scientific Advisory Board 
(hereafter in this section referred to as the 'Advisory Board') consist-
ing of not less than six and not more than 13 members. 
"(bXl) The Science Advisor to the President, or his designee, shall 
be a permanent member of the Advisory Board. 
"(2) Other members of the Advisory Board shall be appointed from 
among persons eminent in the fields of basic sciences, engineering, 
ocean and environmental sciences, education, research manage-
ment, international and security affairs, health physics, health 
sciences, or social sciences, with due regard given to the equitable 
representation of scientists and engineers who are women or who 
represent minority groups. At least one member of the Advisory 
Board shall be a representative of environmental public interest 
groups and one member shall be a representative of the interests of 
State governments. 
"(3) The Secretary of Defense and the Secretary of Energy, in 
consultation with the Administrator of the Environmental Protec-
tion Agency, shall request— 
"(A) that the head of the National Academy of Sciences, in 
consultation with the head of the National Academy of 
En^neering and the head of the Institutes of Medicine of the 
National Academy of Sciences, nominate persons for appoint-
ment to the Advisory Board; 
"(B) that the Council on Environmental Quality nominate for 
appointment to the Advisory Board at least one person who is a 
representative of environmental public interest groups; and 
"(C) that the National Association of Governors nominate for 
appointment to the Advisory Board at least one person who is 
representative of the interests of State governments. 
"(4) Members of the Advisory Board shall be appointed for terms 
of three years. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1757 
"(c) A member of the Advisory Board who is not otherwise em-
ployewl by the Federal Grovernment shall not be considered to be a 
Federal employee, except for the purposes of chapter 81 of title 5 
(relating to compensation for work-related injuries) £ind chapter 171 
of title 28 (relating to tort claims). 
"(d) The Advisory Board shall prescribe procedures for carrying 
out its responsibilities. Such procedures shall define a quorum as a 
majority of the members, provide for annual election of the Chair-
man by the members of the Advisory Board, and require at least 
four meetings of the Advisory Board each year. 
"(e) The Council shall refer to the Advisory Board, and the 
Advisory Board shall review, each proposed research project includ-
ing its estimated cost, for research in and development of tech-
nologies related to environmental activities in excess of $1,000,000. 
The Advisory Board shall make any recommendations to the (Coun-
cil that the Advisory Board considers appropriate regarding such 
project or proposal. 
"(f) The Advisory Board may make recommendations to the Coun-
cil regarding technologies, research, projects, programs, activities, 
and, if appropriate, funding within the scope of the Strategic 
Environmental Research and Development Program. 
"(g) The Advisory Board shall assist and advise the Council in 
identifjdng the environmental data and analytical assistance activi-
ties that should be covered by the policies and procedures prescribed 
pursuant to section 2902(d)(1) of this title. 
"(h) Not later than March 15 of each year, the Advisory Board Reports, 
shall submit to the Congress an annual report setting forth its 
actions during the year preceding the year in which the report is 
submitted and any recommendations, including recommendations 
on projects, programs, and information exchange and recommenda-
tions for legislation, that the Advisory Board considers appropriate 
regarding the Strategic Environmental Research and Development 
Program. 
"(i) Each member of the Advisory Board shall be required to file a 
financial disclosure report under title I of the Ethics in Government 
Act of 1978 (5 U.S.C. App.).". 
(2) The tables of chapters at the beginning of subtitle A of title 10, 
United States Code, and at the beginning of part IV of such subtitle, 
are each amended by inserting after the item relating to chapter 171 
the following: 
"172. strategic Environmental Research and Development Program 
2901". 
(b) INITIAL APPOINTMENTS OF ADVISORY BOARD MEMBERS.—(1) The lO use 2904 
Secretary of Defense and the Secretary of Energy shall make the ^°^-
appointments required by section 2904(a) of title 10, United States 
Code (as added by subsection (aXD), not later than 60 days after the 
date of the enactment of this Act. 
(2) Up to one-half of the members originally appointed to the 
Strategic Environmental Research and Development Program Sci-
entific Advisory Board established under section 2904 of title 10, 
United States Code, as added by subsection (aXl), may be appointed 
for terms of not more than six and not less than two years in order 
to provide for staggered expiration of the terms of members. The 
Secretary of Defense and the Secretary of Energy, in consultation 
with the Administrator of the Environmental Protection Agency, 
shall designate the members appointed for terms authorized under 
this paragraph and shall specify the terms for which such members 
are appointed. 
104 STAT. 1758 
PUBLIC LAW 101-510—NOV. 5, 1990 
10 u s e 2902 
note. 
10 u s e 2904 
note. 
(c) FIRST ANNUAL REPORT OF THE STRATEGIC ENVIRONMENTAL RE-
SEARCH AND DEVELOPMENT PROGRAM COUNCIL.—(1) The first annual 
report required by section 2902(h) of title 10, United States Code, £is 
added by subsection (a)(1), shall be submitted to the Secretary of 
Defense, the Secretary of Energy, and the Administrator of the 
Environmental Protection Agency not later than February 1, 1992. 
(2) The Strategic Environmental Research and Development Pro-
gram Council shall conduct and include as part of the first annual 
report required pursuant to section 2902(h) of title 10, United States 
Code, as added by subsection (a)(1), an assessment of the advisability 
of, and various alternatives to, charging fees for information re-
leased, as required pursuant to sections 2901(b)(3), 2902(e)(1) and (2), 
and 2902(g)(2)(I) of such title (as so added), to private sector entities 
operating for a profit. 
(3) The Secretary of Defense, the Secretary of Energy, and the 
Administrator of the Environmental Protection Agency shall submit 
to the Congress, with the annual report referred to in paragraph (1), 
any recommendations for changes in the structure or personnel of 
the Council that the Secretaries and the Administrator consider 
necessary to carry out the environmental activities of the strategic 
environmental research and development program. 
(d) FIRST ANNUAL REPORT OF THE STRATEGIC ENVIRONMENTAL 
RESEARCH 
AND 
DEVELOPMENT 
PROGRAM 
SCIENTIFIC 
ADVISORY 
BOARD.—The first annual report of the Strategic Environmental 
Research and Development Program Scientific Advisory Board re-
quired by section 2904(h) of title 10, United States Code, as added by 
subsection (a)(1), shall be submitted not later than March 15, 1992. 
SEC. 1802. AVAILABILITY OF FUNDS 
Of the amounts authorized to be appropriated pursuant to section 
201, $200,000,000 shall be available for the Strategic Environmental 
Research and Development Program established under chapter 172 
of title 10, United States Code, as added by section 1001. To the 
extent provided in appropriation Acts, the amount made available 
by this section shall remain available until expended. 
Military 
eonstruction 
Authorization 
Act for Fiscal 
Year 1991. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE 
This division may be cited as the 
Authorization Act for Fiscal Year 1991". 
'Military Construction 
TITLE XXI—ARMY 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS INSIDE THE UNITED STATES 
(a) INSIDE THE UNITED STATES.—The Secretary of the Army may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
ALABAMA 
Anniston Army Depot, $93,100,000. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1759 
Redstone Arsenal, $14,400,000. 
Fort Rucker, $3,400,000. 
ALASKA 
Fort Wainwright, $13,900,000. 
ARIZONA 
Fort Huachuca, $1,050,000. 
ARKANSAS 
Pine Bluff Arsenal, $1,600,000. 
CAUFORNIA 
Fort Irwin, $4,200,000. 
Fort Ord, $7,400,000. 
COLORADO 
Fort Carson, $23,500,000. 
Falcon Air Force Base, $1,450,000. 
GEORGLA 
Fort Benning, $10,880,000. 
Fort Gordon, $10,600,000. 
Fort Stewart, $1,650,000. 
HAWAII 
Schofield Barracks, $9,700,000. 
INDIANA 
Fort Benjamin Harrison, $5,600,000. 
KANSAS 
Fort Leavenworth, $34,000,000. 
Fort Riley, $14,900,000. 
KENTUCKY 
Fort Campbell, $2,300,000. 
Fort Knox, $25,400,000. 
LOUISIANA 
Fort Polk, $22,000,000. 
MARYLAND 
Aberdeen Proving Ground, $45,100,000. 
Fort Detrick, $530,000. 
MISSOURI 
Fort Leonard Wood, $12,750,000. 
NEW YORK 
Fort Drum, $9,408,000. 
NORTH CAROUNA 
Fort Bragg, $60,070,000. 
104 STAT. 1760 
PUBLIC LAW 101-510—NOV. 5, 1990 
OKLAHOMA 
Fort Sill, $25,150,000. 
PENNSYLVANIA 
Carlisle Barracks, $26,200,000. 
Fort Indiantown Gap, $6,350,000. 
Tobyhanna Army Depot, $6,800,000. 
SOUTH CAROLINA 
Fort Jackson, $1,600,000. 
TEXAS 
Camp Swift, $100,000. 
Fort Bliss, $20,000,000. 
Fort Hood, $43,269,000. 
Fort Sam Houston, $33,700,000. 
UTAH 
Dugway Proving Ground, $450,000. 
Tooele Army Depot, $11,800,000. 
VIRGINIA 
Fort A. P. Hill, $3,200,000. 
Fort Belvoir, $2,500,000. 
Fort Eustis, $530,000. 
Fort Lee, $520,000. 
Fort Myer, $2,150,000. 
Fort Story, $1,600,000. 
WASHINGTON 
Fort Lewis, $18,000,000. 
WISCONSIN 
Fort McCoy, $24,400,000. 
CONUS CLASSIFIED 
Classified Location, $3,000,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Army may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States. 
GERMANY 
Kaiserslautern, $5,000,000. 
Various, $2,500,000. 
KOREA 
K-16 Airfield, $1,500,000. 
SEC. 2102. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Army 
may construct or acquire family housing units (including land), 
using amounts appropriated pursuant to section 2104(a)(7)(A), at the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1761 
following location, in the number of units shown, and in the amount 
shown: 
Hawaii, Oahu, Various Locations, one hundred and thirty-
eight units, $15,000,000. 
Kansas, Fort Riley, two hundred and four units, $12,500,000. 
(b) PLANNING AND DESIGN.—The Secretary of the Army may, 
using amounts appropriated pursuant to section 2104(a)(7)(A), carry 
out architectural and engineering services and construction design 
activities with respect to the construction or improvement of family 
housing units in an amount not to exceed $2,700,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
Subject to section 2825 of title 10, United States Code, the Sec-
retary of the Army may, using amounts appropriated pursuant to 
section 2104(a)(7)(A), improve existing military family housing in an 
amount not to exceed $44,100,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1990, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Army in the total amount of 
$2,285,237,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2101(a), $582,207,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $9,000,000. 
(3) For the construction of the Ammunition Demilitarization 
Facility, Phase II, Tooele Army Depot, Utah, as authorized by 
section 2101(a) of the Military Construction Authorization Act, 
1989 (division B of Public Law 100-456; 102 Stat. 2088), 
$49,400,000. 
(4) For unspecified minor construction projects authorized 
under section 2805 of title 10, United States Code, $7,603,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$89,577,000. 
(6) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $10,400,000. 
(7) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $74,300,000. 
(B) For support of military family housing (including the 
functions described in section 2833 of title 10, United States 
Code), $1,457,650,000, of which not more than $434,316,000 
may be obligated or expended for the leasing of military 
family housing worldwide. 
(8) For the Homeowners Assistance Program as authorized by 
section 2832 of title 10, United States Code, $5,100,000, to 
remain available until expended. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2101 of 
this division may not exceed the total amount— 
104 STAT. 1762 
PUBLIC LAW 101-510—NOV. 5, 1990 
(1) authorized to be appropriated under paragraphs (1) and (2) 
of subsection (a); and 
(2) $78,000,000 (the balance of the amount authorized under 
section 2101(a) for the construction of the Ammunition Demili-
tarization Facility, Anniston Army Depot, Alabama). 
SEC. 2105. AMMUNITION DEMILITARIZATION FACILITY, TOOELE ARMY 
DEPOT, UTAH 
(a) PROJECT AMOUNT.—Section 2101(a) of the Military Construc-
tion Authorization Act, 1989 (division B of Public Law 100-456; 102 
Stat. 2088) is amended by striking out "Tooele Army Depot, 
$92,300,000." and inserting in lieu thereof "Tooele Army Depot, 
$141,700,000.". 
(b) TITLE TOTAL.—Section 21050?) of such Act (102 Stat. 2091) is 
amended— 
(1) by striking out the period at the end of paragraph (2) and 
inserting in lieu thereof "; and"; and 
(2) by adding after paragraph (2) the following: 
"(3) $49,400,000 (the balance of the amount authorized under 
section 2101(a) for the construction of the Ammunition Demili-
tarization Facility, Tooele Army Depot, Utah).". 
SEC. 2106. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1986 
PROJECT.—Notwithstanding the provisions of section 606(a) of the 
Military Construction Authorization Act, 1986 (Public Law 99-167, 
99 Stat. 982), authorizations for the following project authorized in 
section 102 of that Act, as extended by section 2105(b) of the Military 
Construction Authorization Act, 1988 and 1989 (division B of Public 
Law 100-180; 101 Stat. 1185), section 2106(b) of the Military 
Construction Authorization Act, 1989 (division B of Public Law 100-
456; 101 Stat. 2092), and section 21050)) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (division B of 
Public Law 101-189; 103 Stat. 1619), shall remain in effect until 
October 1, 1991, or the date of enactment of an Act authorizing 
funds for military construction for fiscal year 1992, whichever is 
later: 
\ 
Family housing, new construction, si;x units, in the amount of 
$596,000 at Fort Myer, Virginia. 
(h) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1988 
PROJECT.—Notwithstanding the provisions of section 2171(a) of the 
Military Construction Authorization Act, 1988 and 1989 (division B 
of Public Law 100-180, 101 Stat. 1206), authorizations for the 
following project authorized in section 2102 of that Act, as extended 
by section 2105(d) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 
Stat. 1619) shall remain in effect until October 1,1991, or the date of 
enactment of an Act authorizing funds for military construction for 
fiscal year 1992, whichever is later: 
Family housing, new construction, twenty-five units, in the 
amount of $2,200,000 at Fort A.P. Hill, Virginia. 
(c) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1989 
PROJECTS.—Notwithstanding the provisions of section 2701(a) of the 
Military Construction Authorization Act, 1989 (Public Law 100-456, 
102 Stat. 2115), authorizations for the following projects authorized 
in sections 2101 and 2102 of that Act shall remain in effect until 
October 1, 1991, or the date of enactment of an Act authorizing 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1763 
funds for military construction for fiscal year 1992, whichever is 
later: 
(1) Land acquisition in the amount of $410,000 at Fort Rucker, 
Alabama. 
(2) Battalion Headquarters in the amount of $2,300,000 at 
Fort Wainwright, Alaska. 
(3) Test and Evaluation Center in the amount of $5,400,000 at 
Fort Huachuca, Arizona. 
(4) Chemical area security upgrade in the amount of 
$3,050,000 at Pine Bluff Arsenal, Arkansas. 
(5) Chemical area security upgrade in the amount of 
$3,200,000 at Pueblo Depot Activity, Colorado. 
(6) Chemical area security upgrade in the amount of $770,000 
at Lexington-Blue Grass Depot Activity, Kentucky. 
(7) Regional sewage system connection in the amount of 
$2,500,000 at United States Military Academy, New York. 
(8) Chemical area security upgrade in the amount of 
$3,600,000 at Umatilla Depot Activity, Oregon. 
(9) Industrial waste treatment plant in the amount of 
$1,900,000 at Letterkenny Army Depot, Pennsylvania. 
(10) Chemical area security upgrade in the amount of 
$5,700,000 at Tooele Army Depot, Utah. 
(11) Central wash facility in the amount of $4,000,000 at Fort 
Pickett, Virginia. 
(12) Petroleum Field Training Center in the amount of 
$4,800,000 at Fort Lee, Virginia. 
(13) Operations facility in the amount of $5,300,000 at Loca-
tion 276 (Turkey). 
(14) Intermediate staging facility in the amount of $11,300,000 
at unspecified foreign location. 
(15) Pre-positioned war material facilities in the amount of 
$4,450,000 at unspecified foreign locations. 
(16) Family housing, new construction, one hundred and eight 
units, in the amount of $9,100,000 at Fort Bliss, Texas. 
TITLE XXII—NAVY 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
ALASKA 
Adak, Naval Air Station, $4,250,000. 
Adak, Naval Security Group Activity, $3,000,000. 
Amchitka, Fleet Surveillance Support Command, $31,000,000. 
ARIZONA 
Yuma, Marine Corps Air Station, $3,720,000. 
CALIFORNIA 
Bridgeport, Mountain Warfare Training Center, $11,300,000. 
Camp Pendleton, Amphibious Task Force, $8,470,000. 
104 STAT. 1764 
PUBLIC LAW 101-510—NOV. 5, 1990 
Camp Pendleton, Marine Corps Air Station, $4,110,000. 
Camp Pendleton, Marine Corps Base, $19,910,000. 
China Lake, Naval Weapons Center, $17,585,000. 
Corona, 
Naval 
Weapons 
Station, 
Seal 
Beach 
Annex, 
$8 870 000 
El foro, Marine Corps Air Station, $6,980,000. 
Lemoore, Naval Air Station, $900,000. 
Long Beach, Naval Station, $3,520,000. 
Miramar, Naval Air Station, $9,010,000. 
Monterey, Naval Postgraduate School, $8,810,000. 
North Island, Naval Air Station, $1,510,000. 
Point Mugu, Pacific Missile Test Center, $2,070,000. 
Port 
Hueneme, 
Naval 
Construction 
Battalion 
Center, 
$2,010,000. 
Port Hueneme, Naval Ship Weapon Systems Engineering 
Station, $10,150,000. 
San Diego, Fleet Anti-Submarine Warfare Training Center, 
Pacific, $8,950,000. 
San Diego, Naval Ocean Systems Center, $11,760,000. 
San Diego, Naval Submarine Base, $4,670,000. 
San Diego, Naval Supply Center, $8,800,000. 
San Diego, Naval Training Center, $15,229,000. 
San Diego, Navy Public Works Center, $3,320,000. 
Twentynine Palms, Marine Corps Air-Ground Combat Center, 
$10,820,000. 
CONNECTICUT 
New London, Naval Submarine Base, $22,500,000. 
New London, Naval Submarine School, $18,990,000. 
DISTRICT OF COLUMBIA 
Washington, Naval Research Laboratory, $9,850,000. 
FLORIDA 
Jacksonville, Naval Air Station, $9,140,000. 
Jacksonville, Naval Aviation Depot, $14,670,000. 
Key West, Naval Air Station, $7,030,000. 
Mayport, Fleet Training Center, $4,300,000. 
Mayport, Naval Station, $4,950,000. 
Orlando, Naval Training Center, $10,960,000. 
Panama City, Naval Coastal Systems Center, $4,330,000. 
Pensacola, Navy Public Works Center, $3,460,000. 
GEORGIA 
Albany, Marine Corps Logistics Base, $1,360,000. 
Kings Bay, Naval Submarine Base, $77,475,000. 
HAWAII 
Kaneohe Bay, Marine Corps Air Station, $1,650,000. 
Lualualei, Naval Magazine, $1,660,000. 
Pearl Harbor, Commander Oceanographic System Pacific, 
$12,780,000. 
Pearl Harbor, Naval Submarine Base, $2,010,000. 
Pearl Harbor, Navy Public Works Center, $6,940,000. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1765 
ILUNOIS 
Great Lakes, Naval Training Center, $2,170,000. 
Great Lakes, Navy Public Works Center, $2,460,000. 
$? 
INDIANA 
Crjine, Naval Weapons Support Center, $13,520,000. 
KENTUCKY 
Louisville, Naval Ordnance Station, $5,660,000. 
MAINE 
Kittery, Portsmouth Naval Shipyard, $38,182,000. 
MARYLAND 
Bethesda, National Naval Medical Center, $9,040,000. 
Indian Head, Naval Ordnance Station, $12,430,000. 
Patuxent River, Naval Air Test Center, $11,040,000. 
Patuxent River, Naval Hospital, $2,510,000. 
St. Inigoes, Naval Electronic Systems Engineering Activity, 
$4,020,000. 
MISSISSIPPI 
Gulfport, Naval Construction Training Center, $8,710,000. 
NEW JERSEY 
Earle, Naval Weapons Station, $85,400,000. 
NORTH CAROUNA 
Camp Lejeune, Marine Corps Base, $29,170,000. 
Cherry Point, Marine Corps Air Station, $13,950,000. 
PENNSYLVANIA 
Warminster, Naval Air Development Center, $10,770,000. 
RHODE ISLAND 
Newport, Naval Education and Training Center, $7,430,000. 
Newport, Naval Underwater Support Center, $13,700,000. 
SOUTH CAROLINA 
Beaufort, Marine Corps Air Station, $6,700,000. 
Charleston, Naval Station, $720,000. 
Charleston, Naval Weapons Station, $27,030,000. 
Parris Island, Marine Corps Recruit Depot, $3,410,000. 
TEXAS 
Lackland Air Force Base, Naval Technical Training Center 
Detachment, $11,850,000. 
VIRGINIA 
Arlington, Headquarters Marine Corps, $2,810,000. 
104 STAT. 1766 
PUBLIC LAW 101-510—NOV. 5, 1990 
Dahlgren, Naval Space Surveillance System, $9,850,000. 
Dam Neck, Fleet Combat Direction Systems Support Activity, 
$6,500,000. 
Little Creek, Naval Amphibious Base, $22,870,000. 
Little Creek, Naval Amphibious School, $2,600,000. 
Norfolk, Fleet Training Center, $16,080,000. 
Norfolk, Naval Station, $10,950,000. 
Norfolk, Navy Public Works Center, $4,020,000. 
Norfolk, Naval Shipyard, $14,600,000. 
Oceana, Naval Air Station, $3,670,000. 
Quantico, Marine Corps Combat Development Command, 
$34,114,000. 
Quantico, Naval Research Laboratory Annex, $2,600,000. 
Wallops Island, AEGIS Combat Systems Center, $5,490,000. 
WASHINGTON 
Bangor, Trident Refit Facility, $3,020,000. 
Bangor, Trident Training Facility, $3,610,000. 
Bremerton, Puget Sound Naval Shipyard, $22,000,000. 
Everett, Naval Station, $22,267,000. 
Keyport, Naval Undersea Warfare Engineering Station, 
$18,590,000. 
Oak Harbor, Naval Hospital, $2,180,000. 
Silverdale, Strategic Weapons Facility Pacific, $56,480,000. 
Whidbey Island, Naval Facility, $1,750,000. 
VARIOUS LOCATIONS 
Land Acquisition, $4,400,000. 
OJ) OUTSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
GUAM 
Naval Magazine, $9,319,000. 
Navy Public Works Center, $7,500,000. 
ICELAND 
Keflavik, Naval Air Station, $2,440,000. 
ITALY 
Sicily, Naval Communication Station, $1,513,000. 
Sigonella, Naval Air Station, $8,390,000. 
SPAIN 
Rota, Naval Communication Station, $1,105,000. 
VARIOUS LOCATIONS 
Host Nation Infrastructure Support, $1,000,000. 
SEC. 2202. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Navy 
may, using amounts appropriated pursuant to section 2205(a)(7)(A), 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1767 
construct or acquire family housing units (including land), at the 
following installations in the number of units shown, and in the 
amount shown, for each installation: 
Camp Pendleton, Marine Corps Base, California, one hundred 
and sixteen units, $11,805,000. 
Long Beach, Naval Station, California, three hundred units, 
$24,928,000. 
San Diego, Navy Public Works Center, California, three hun-
dred units, $31,880,000. 
Fallon Naval Air Station, Nevada, eighty units, $10,500,000. 
Little Creek, Naval Amphibious Base, Virginia, Family Hous-
ing Office, $372,000. 
Norfolk, Navy Public Works Center, Virginia, two Commu-
nity Centers, $834,000. 
Guantanamo Bay, Naval Station, Cuba, one hundred and 
thirty-four units, $18,409,000. 
Keflavik, Naval Air Station, Iceland, one hundred and twelve 
units, $27,479,000. 
(b) PLANNING AND DESIGN.—The Secretary of the Navy may, using 
amounts appropriated pursuant to section 2205(a)(7XA), carry out 
architectural and engineering services and construction design 
activities with respect to the construction or improvement of mili-
tary family housing units in an amount not to exceed $6,200,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
Subject to section 2825 of title 10, United States Code, the Sec-
retary of the Navy may, using amounts appropriated pursuant to 
section 2205(aX7)(A), improve existing military family housing units 
in the amount of $42,420,000. 
SEC. 2204. DEFENSE ACCESS ROADS 
The Secretary of the Navy may, using amounts appropriated 
pursuant to section 2205(aX6), make advances to the Secretary of 
Transportation for the construction of defense access roads under 
section 210 of title 23, United States Code, at the following locations 
and in the following amounts: 
Naval Station, Charleston, South Carolina, $2,000,000. 
Various locations, $4,017,000. 
SEC. 2205. AUTHORIZATION OF APPROPRIATIONS, NAVY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1990, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Navy in the total amount of 
$2,014,223,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2201(a), $959,802,000. 
(2) For military construction projects outside the United 
States authorized by section 22010)), $31,267,000. 
(3) For the construction of the Headquarters Building, Naval 
Intelligence Command Headquarters, Suitland, Maryland, as 
authorized by section 2201(a) of the Military Construction 
Authorization Act, 1989, $55,048,000. 
(4) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $13,311,000. 
104 STAT. 1768 
PUBLIC LAW 101-510—NOV. 5, 1990 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$76,951,000. 
(6) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $6,017,000. 
(7) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $174,827,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$697,000,000, of which not more than $53,775,000 may be 
obligated or expended for the leasing of military family 
housing units worldwide. 
0)) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2201 of 
this division may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); and 
(2) $65,300,000 (the balance of the amount authorized under 
section 2201(a) for the construction of trestles replacement at 
Naval Weapons Station, Earle, New Jersey). 
SEC. 2206. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1988 
PROJECTS.—Notwithstanding the provisions of section 2171(a) of the 
Military Construction Authorization Act, 1988 and 1989 (division B 
of Public Law 100-180; 101 Stat. 1206), authorizations for the follow-
ing projects authorized in section 2121 of that Act, as extended by 
section 2205 of the Military Construction Authorization Act for 
Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 
Stat. 1628), shall remain in effect until October 1, 1991, or the date 
of enactment of an Act authorizing funds for military construction 
for fiscal year 1992, whichever is later: 
(1) Physical security improvements in the amount of 
$2,460,000 at the Naval Air Station, Sigonella, Italy. 
(2) Cold-iron utilities support in the amount of $7,480,000 at 
Naval Support Office, La Maddelena, Italy. 
(b) EXTENSION OF CERTAIN PREVIOUS AUTHORIZATION OF CERTAIN 
FISCAL YEAR 1989 PROJECTS.—Notwithstanding the provisions of 
section 2701(a) of the Military Construction Act, 1989 (division B of 
Public Law 100-456; 102 Stat. 2115), authorizations for the following 
projects authorized in sections 2201 and 2202 of that Act shall 
remain in effect until October 1,1991, or the date of enactment of an 
Act authorizing funds for military construction for fiscal year 1992, 
whichever is later: 
(1) C!ommunity Center in the amount of $1,046,000 at Marine 
Corps Air Station, Tustin, California. 
(2) Child Care Center in the amount of $1,930,000 at 
Marine Corps Air-Ground Combat Center, Twentynine Palms, 
California. 
(3) Fire Station in the amount of $2,500,000 at Mare Island 
Naval Shipyard, Vallejo, California. 
(4) Controlled Industrial Facility in the amount of $11,250,000 
at Naval Submarine Base, Pearl Harbor, Hawaii. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1769 
(5) Forward Training Area in the amount of $8,280,000 at 
Marine Corps Air Station, Cherry Point, North Carolina. 
(6) Aircraft maintenance facility in the amount of $8,370,000 
at Naval Air Station, Whidbey Island, Washington. 
(7) Support facility upgrade in the amount of $6,470,000 at 
Naval Support Facility, Antigua. 
(8) Fire safety system in the amount of $1,950,000 at Naval 
Supply Depot, Guam. 
(9) Electronic installation in the amount of $20,972,000 at 
Fleet Surveillance Support Group, Guam. 
(10) Power plant in the amount of $27,770,000 at Navy Public 
Works Center, Subic Bay, Philippines. 
(11) Family housing, new construction, three hundred units, 
in the amount of $26,110,000 at Naval Station, Long Beach, 
California. 
TITLE XXIII—AIR FORCE 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the installations and 
locations inside the United States: 
ALABAMA 
Gunter Air Force Base, $20,100,000. 
Maxwell Air Force Base, $22,500,000. 
ALASKA 
Clear Air Force Station, $5,000,000. 
Eielson Air Force Base, $12,400,000. 
Elmendorf Air Force Base, $8,900,000. 
Galena Airport, $8,700,000. 
King Salmon Airport, $2,500,000. 
Shemya Air Force Base, $47,400,000. 
Various Locations, $11,000,000. 
ARIZONA 
Williams Air Force Base, $3,650,000. 
ARKANSAS 
Little Rock Air Force Base, $5,300,000. 
CALIFORNIA 
Beale Air Force Base, $6,300,000. 
Castle Air Force Base, $8,200,000. 
Edwards Air Force Base, $23,600,000. 
March Air Force Base, $1,050,000. 
McClellan Air Force Base, $11,200,000. 
Sierra Army Depot, $3,650,000. 
Travis Air Force Base, $10,800,000. 
Vandenberg Air Force Base, $29,200,000. 
39-194 O - 91 - 14 : QL 3 Part 3 
104 STAT. 1770 
PUBLIC LAW 101-510—NOV. 5, 1990 
COLORADO 
Air Force Academy, $3,000,000. 
Falcon Air Force Station, $710,000. 
Lowry Air Force Base, $4,550,000. 
Peterson Air Force Base, $4,050,000. 
FLORIDA 
Avon Park Range, $700,000. 
Cape Csinaveral Air Force Station, $5,353,000. 
Eglin Air Force Base, $4,700,000. 
Homestead Air Force Base, $7,900,000. 
MacDill Air Force Base, $12,250,000. 
GEORGIA 
Moody Air Force Base, $4,400,000. 
Robins Air Force Base, $21,200,000. 
HAWAII 
Hickam Air Force Base, $11,420,000. 
Wheeler Air Force Base, $3,500,000. 
IDAHO 
Mountain Home Air Force Base, $1,350,000. 
ILUNOIS 
Scott Air Force Base, $10,060,000. 
INDIANA 
Grissom Air Force Base, $4,500,000. 
KANSAS 
McConnell Air Force Base, $9,100,000. 
LOUISIANA 
Barksdale Air Force Base, $8,530,000. 
MAINE 
Bangor Air National Guard Base, $970,000. 
MARYLAND 
Andrews Air Force Base, $6,900,000. 
Fort George G. Meade, $1,800,000. 
^ 
MASSACHUSETTS 
Hanscom Air Force Base, $3,800,000. 
MICHIGAN 
K.I. Sawyer Air Force Base, $2,700,000. 
Wurtsmith Air Force Base, $960,000. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1771 
MISSISSIPPI 
Columbus Air Force Base, $3,100,000. 
MISSOURI 
Whiteman Air Force Base, $62,400,000. 
NEBRASKA 
Offutt Air Force Base, $2,600,000. 
NEVADA 
Indian Springs Auxiliary Field, $2,550,000. 
Nellis Air Force Base, $12,520,000. 
NEW JERSEY 
McGuire Air Force Base, $7,850,000. 
NEW MEXICO 
HoUoman Air Force Base, $78,010,000. 
Kirtland Air Force Base, $4,200,000. 
NEW YORK 
Griffiss Air Force Base, $4,500,000. 
Plattsburgh Air Force Base, $1,200,000. 
NORTH CAROUNA 
Seymour Johnson Air Force Base, $2,502,000. 
NORTH DAKOTA 
Grand Forks Air Force Base, $8,850,000. 
Minot Air Force Base, $3,600,000. 
, 
OHIO 
Newark Air Force Base, $5,100,000. 
• 
Wright-Patterson Air Force Base, $10,150,000. 
OKLAHOMA 
Altus Air Force Base, $21,700,000. 
Tinker Air Force Base, $56,950,000. 
' 
Vance Air Force Base, $400,000. 
SOUTH CAROUNA 
Charleston Air Force Base, $14,090,000. 
Shaw Air Force Base, $3,000,000. 
SOUTH DAKOTA 
Ellsworth Air Force Base, $13,150,000. 
104 STAT. 1772 
PUBLIC LAW 101-510—NOV. 5, 1990 
TEXAS 
Brooks Air Force Base, $4,100,000. 
Carswell Air Force Base, $12,616,000. 
Dyess Air Force Base, $7,550,000. 
Goodfellow Air Force Base, $980,000. 
Kelly Air Force Base, $10,300,000. 
Lackland Air Force Base, $22,500,000. 
Laughlin Air Force Base, $1,820,000. 
Randolph Air Force Base, $1,750,000. 
Reese Air Force Base, $5,090,000. 
Sheppard Air Force Base, $8,400,000. 
UTAH 
Hill Air Force Base, $25,300,000. 
VIRGINIA 
Langley Air Force Base, $600,000. 
WASHINGTON 
Fairchild Air Force Base, $11,200,000. 
McChord Air Force Base, $5,200,000. 
WYOMING 
F.E. Warren Air Force Base, $4,400,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
ANTIGUA 
Antigua Air Station, $8,200,000. 
CANADA 
Various locations, $6,300,000. 
GREENLAND 
Thule Air Base, $6,300,000. 
JAPAN 
Kadena Air Base, $2,950,000. 
KOREA 
Osan Air Base, $3,500,000. 
SEYCHELLES ISLANDS 
Mahe Missile Tracking Site, $4,600,000. 
TURKEY 
Incirlik Air Base, $1,100,000. 
Pirinclik Air Station, $1,250,000. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1773 
SEC. 2302. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the 
Air 
Force may construct or acquire family housing units (including 
land) using amounts appropriated pursuant to section 2304(aX7)(A), 
at the following installations in the amounts shown for each 
installation: 
Nellis Air Force Base, Nevada, thirteen units, $1,600,000. 
Nellis Air Force Base, Nevada, housing office, $235,000. 
HoUoman Air Force Base, New Mexico, housing maintenance 
facility, $219,000. 
Seymour-Johnson Air Force Base, North Carolina, housing 
office, $365,000. 
Charleston Air Force Base, South Carolina, housing office and 
maintenance facility, $592,000. 
Myrtle Beach Air Force Base, South Carolina, housing office, 
$258,000. 
Ellsworth Air Force Base, South Dakota, housing office, 
$313,000. 
Andersen Air Force Base, Guam, housing and storeige facility, 
$1,371,000. 
0)) PLANNING AND DESIGN.—The Secretary of the Air Force may, 
using amounts appropriated pursuant to section 2304(aX7)(A), carry 
out architectural and engineering services and construction design 
activities with respect to the construction or improvement of mili-
tary family housing units in an amount not to exceed $6,000,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
, 
Subject to section 2825 of title 10, United States Code, the Sec-
retary of the Air Force may, using amounts appropriated pursuant 
to section 2304(aX7XA), improve existing military family housing 
units in an amount not to exceed $172,012,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1990, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Air Force in the total amount of 
$1,954,059,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2301(a), $777,081,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $34,200,000. 
(3) For the construction of the Large Rocket Test Facility, 
Arnold Engineering Development Center, Tennessee, as au-
thorized by section 2301(a) of the Military Construction 
Authorization Act, 1989 (division B of Public Law 100-456; 102 
Stat. 2087), and as amended by section 2307 of the Military 
Construction Authorization Act, 1990, Public Law 101-189, 
$66,000,000. 
(4) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $10,272,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$107,741,000. 
(6) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $9,000,000. 
104 STAT. 1774 
PUBLIC LAW 101-510—NOV. 5, 1990 
(7) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $182,965,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$766,800,000, of which not more than $110,911,000 may be 
obligated or expended for leasing of military family housing 
units worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2301 of 
this division may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); and 
(2) $39,000,000 (the balance of the amount authorized for the 
construction of support facilities for the 37th Tactical Fighter 
Wing at Holloman Air Force Base, New Mexico). 
(c) LIMITATION.—None of the funds appropriated pursuant to the 
authorization in subsection (aXD may be expended for the construc-
tion of support facilities for the 37th Tactical Fighter Wing at 
Holloman Air Force Base, New Mexico, until after the 21-day period 
referred to in section 2308. 
(d) AUTHORIZED EXPENDITURE.—Of the funds appropriated pursu-
ai^to subsection (aX4), the Secretary of the Air Force may expend 
not more than $332,000 to purchase a facility at the operation and 
test evaluation center at Edwards Air Force Base, California. 
SEC. 2305. AUTHORIZATION OF A FACILITY 
The Secretary of the Air Force may acquire at no cost an existing 
building constructed on Eglin Air Force Base, Florida, in 1986 as 
part of a three-year incrementally funded research, development, 
test and evaluation contract. 
SEC. 2306. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN MILI-
TARY CONSTRUCTION PROJECT 
(a) IN GENERAL.—Section 2301(a) of the Military Construction 
Authorization Act for Fiscal Years 1990 and 1991 (division B of 
103 Stat. 1630. 
Public Law 101-189) is amended by striking out the following: 
"WYOMING 
"F.E. Warren Air Force Base, $104,850,000.". 
(b) CONFORMING AMENDMENTS.—Section 2304(a) of such Act is 
amended— 
(1) by striking out "$2,193,638,000" and inserting in lieu 
thereof "$2,103,788,000"; and 
(2) in paragraph (1), by striking out "$945,836,000" and insert-
ing in lieu thereof "$855,986,000". 
(c) 
AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose 
of 
acquiring real property and carr3dng out military construction 
projects for which authority is provided under section 2301 of this 
Act, the Secretary of the Air Force may, to the extent provided in 
appropriation Acts, use funds that have been appropriated for the 
project to which subsection (a) is applicable. 
PUBLIC LAW 101-510—NOV. 5,1990 
104 STAT. 1775 
SEC. 2307. DESIGNATION OF INSTALLATION 
The Secretary of the Air Force shall provide that the installation 
which receives the last operational upgrade for the Minuteman II 
missile system shall be the installation from which the last Minute-
man II missile is retired. 
SEC. 2308. RESTRICTION 
ON 
RELOCATION 
OR 
REALIGNMENT 
AT 
TONOPAH RESEARCH SITE, NEVADA 
None of the funds available to the Department of Defense during 
fiscal year 1991 may be used, directly or indirectly, to transfer, 
realign, relocate, or otherwise diminish any part of the 37th Tactical 
F%hter Wing at the Tonopah Research Site, Nevada, until after the 
21-day period beginning on the date on which the Secretary of the 
Air Force transmits to the congressional defense committees a 
certification that any such action to be taken with respect to such 
Tactical Fighter Wing will be effective in meeting the Wing's mis-
sion and in reducing overall cost to the Air Force, taking into 
consideration the basing of units of the Air Force proposed in the 
multi-year defense plan in effect at the time of the certification. The 
Secretary shall include in any such certification an explanation and 
justification of the reasons for such conclusion. 
SEC. 2309. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) EXTENSION OF AUTHORIZATION OF A CERTAIN FISCAL YEAR 1987 
PROJECT.—Notwithstanding the provisions of section 2701(a) of the 
Military Construction Authorization Act, 1987 (division B of Public 
Law 99-661; 100 Stat. 4040), authorization for the following project 
authorized in section 2301 of that Act, as extended by section 2305 of 
the Military Construction Authorization Act, 1989 (division B of 
Public Law 100-456; 102 Stat. 2115), shall remain in effect until 
October 1, 1991, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 1992, whichever is 
KC-135 CPT Simulator Facility in the amount of $890,000 at 
Beale Air Force Base, California. 
(b) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1989 
PROJECTS.—Notwithstanding the provisions of section 2701(a) of the 
Military Construction Authorization Act, 1989 (division B of Public 
Law 100-456; 102 Stat. 2108), authorizations for the following 
projects authorized in sections 2301 and 2303 of that Act shall 
remain in effect until October 1, 1991, or the date of the enactment 
of an Act authorizing funds for military construction for fiscal year 
1992, whichever is later: 
(1) F-111 Avionics Facility in the amount of $1,300,000 at 
Cannon Air Force Base, New Mexico. 
(2) Aircraft Operational Apron-Phase I in the amount of 
$4,950,000; Intelligence Facility-Phase II in the amount of 
$2,250,000; Special Operations Forces Helicopter Maintenance 
Facility in the amount of $4,100,000; Special Operations Forces 
Hangar/Nose Dock in the amount of $2,100,000; and Special 
Operations Forces Hydrant Fueling System in the amount of 
$800,000 at Clark Air Base, Philippines. 
(3) Defense Language Institute Language Training Labora-
tory in the amount of $12,000,000 at Lackland Air Force Base, 
Texas. 
(4) Land Acquisition in the amount of $2,300,000 at Altus Air 
Force Base, Oklahoma. 
104 STAT. 1776 
PUBLIC LAW 101-510—NOV. 5, 1990 
(5) Alter Technical Training Management Facility in the 
amount of $1,750,000 at Randolph Air Force Base, Texas. 
(6) Alter and Expand Headquarters Data Center, in the 
amount of $576,000 at Patrick Air Force Base, Florida. 
(7) Security Police Complex, in the amount of $2,300,000 at 
McGuire Air Force Base, New Jersey. 
(8) Over the Horizon-Backscatter (OTH-B) Operations Build-
ing in the amount of $17,500,000 at Elmendorf Air Force Base, 
Alaska. 
(9) Fire Training Area in the amount of $2,200,000 at Peterson 
Air Force Base, Colorado. 
(10) Alter Combat Intelligence Operations Center in the 
amount of $1,000,000 at Ramstein Air Base, Germany (au-
thorized as part of Classified Locations in the amount of 
$16,473,000). 
(11) Solid State Uninterrupted Power Supply in the amount of 
$1,300,000 at Ramstein Air Base, Germany. 
(12) Add to and Alter Aircraft Support Equipment Shop in the 
amount of $2,850,000 at Shemya Air Force Base, Alaska. 
(13) Post Office in the amount of $550,000 at Incirlik, Turkey. 
(14) F-16 Aircraft Maintenance Unit Facility in the amount of 
$2,800,000 at Osan Air Base, Korea. 
(15) Improve Military Family Housing, Phase II, in the 
amount of $4,018,000 at Boiling Air Force Base, District of 
Columbia. 
(16) Improve On-Base Housing in the amount of $3,207,000 at 
McClellan Air Force Base, California. 
(17) Off-Street Parking, Site Improvements in the amount of 
$1,919,000 at Scott Air Force Base, Illinois. 
(18) Improve Family Housing, Phase I, in the amount of 
$7,869,000 at Carswell Air Force Base, Texas. 
(19) Improve 16 Family Housing Units in the amount of 
$600,000 at Carswell Air Force Base, Texas. 
(20) Modernize Capehart Housing, Phase IV, in the amount of 
$4,373,000 at K.I. Sawyer Air Force Base, Michigan. 
(21) Improve Capehart Housing, Phase I, in the amount of 
$10,600,000 at Plattsburgh Air Force Base, New York. 
(22) Improve General Officers Quarters in the amount of 
$74,000 at Peterson Air Force Base, Colorado. 
(23) Upgrade Capehart Military Family Housing, Phase II, in 
the amount of $6,006,000 at HoUoman Air Force Base, New 
Mexico. 
(24) Improve Family Housing in the amount of $2,278,000 at 
Keesler Air Force Base, Mississippi. 
(25) Addition to Physical Fitness Center in the amount of 
$3,800,000 at Peterson Air Force Base, Colorado. 
TITLE XXIV—DEFENSE AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of Defense may 
acquire real property and may carry out military construction 
projects in the amount shown for each of the following installations 
and locations inside the United States: 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1777 
DEFENSE COMMUNICATIONS AGENCY 
Wheeler Air Force Base, Hawaii, $1,491,000. 
Arlington Service Center, Virginia, $2,664,000. 
DEFENSE LOGISTICS AGENCY 
Defense Reutilization and Marketing Office, Anniston Army 
Depot, Alabama, $2,370,000. 
Defense Depot, Tracy, California, $1,700,000. 
Defense Reutilization and Marketing Office, Eglin Air Force 
Base, Florida, $2,850,000. 
Defense Reutilization and Marketing Office, Fort Meade, 
Maryland, $9,500,000. 
Defense Depot, Mechanicsburg, Pennsylvania, $18,100,000. 
Defense Personnel Support Center, Philadelphia, Pennsylva-
nia, $3,940,000. 
Defense Reutilization and Marketing Office, Fort Jackson, 
South Carolina, $500,000. 
Defense Depot, Memphis, Tennessee, $14,900,000. 
Defense 
General 
Supply 
Center, 
Richmond, 
Virginia, 
$7,000,000. 
Defense Reutilization and Marketing Office, F.E. Warren Air 
Force Base, Wyoming, $1,700,000. 
DEFENSE MEDICAL FACILITIES OFFICE 
Marine Corps Base, Camp Pendleton, California, $1,750,000. 
Walter Reed Army Medical Center, District of Columbia, 
$4,000,000. 
MacDill Air Force Base, Florida, $2,900,000. 
Fort Benning, Georgia, $2,000,000. 
Tripler Army Medical Center, Hawaii $2,200,000. 
Fort Riley, Kansas, $1,050,000. 
Marine 
Corps 
Base, 
Camp 
Lejeune, 
North 
Carolina, 
$3,200,000. 
Altus Air Force Base, Oklahoma, $500,000. 
Philadelphia Naval Shipyard, Pennsylvania, $11,600,000. 
Lackland Air Force Base, Texas, $2,250,000. 
Cheatham Annex, Virginia, $6,500,000. 
Dam Neck Flight Center, Virginia, $4,050,000. 
Fort Lee, Virginia, $4,850,000. 
Marine Corps Base, Quantico, Virginia, $2,450,000. 
DEFENSE NUCLEAR AGENCY 
White Sands Missile Range, New Mexico, $45,000,000. 
NATIONAL SECURITY AGENCY 
Fort George C. Meade, Maryland, $16,046,000. 
OFFICE 
OF 
THE 
SECRETARY 
OF 
DEFENSE 
Defense Language Institute, Monterey, California, $4,182,000. 
Uniformed Services University of the Health Sciences, 
Bethesda, Maryland, $800,000. 
Classified Locations, $26,600,000. 
104 STAT. 1778 
PUBLIC LAW 101-510—NOV. 5, 1990 
SECTION VI SCHOOI^ 
Fort Benning, Georgia, $9,400,000. 
Dahlgren, 
Navgil 
Surface 
Warfare 
Center, 
Virginia, 
$1,360,000. 
SPECIAL OPERATIONS COMMAND 
Coronado Naval Amphibious Base, California, $21,020,000. 
Eglin Air Force Base, Florida, $11,750,000. 
Fort Stewart/Hunter Army Air Field, Georgia, $4,900,000. 
Norristown Army Reserve Center, Pennsylvania, $2,598,000. 
Dam 
Neck 
Marine 
Environmental 
Facility, 
Virginia, 
$9,160,000. 
Classified Location, $2,747,000. 
STRATEGIC DEFENSE INITIATIVE ORGANIZATION 
Barking Sands Pacific Missile Range, Hawaii, $3,870,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of Defense may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
DEFENSE MEDICAL FACILITIES OFFICE 
Rhein-Main Air Base, Germany, $870,000. 
Camp Casey, Korea, $1,000,000. 
Sinop, Turkey, $1,750,000. 
DEFENSE NUCLEAR AGENCY 
Johnston Island, $8,595,000. 
NATIONAL SECURITY AGENCY 
Classified Location, $2,375,000. 
OFFICE OF THE SECRETARY OF DEFENSE 
Classified Location, $7,800,000. 
SEC. 2402. FAMILY HOUSING 
The Secretary of Defense may construct or acquire three family 
housing units (including land), using amounts appropriated pursu-
ant to section 2405(aX13XA), at classified locations in the total 
amount not to exceed $400,000. 
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
Subject to section 2825 of title 10, United States Code, the Sec-
retary of Defense may, using amounts appropriated pursuant to 
section 2405(aX13XA), improve existing military family housing 
units in an amount not to exceed $100,000. 
SEC. 2404. CONFORMING STORAGE FACILITIES 
Section 2404(a) of the Military Construction Authorization Act, 
100 Stat. 4037. 
1987 (Public Law 99-661) is amended to read as follows: 
"(a) AUTHORITY.—The Secretary of Defense may carry out mili-
tary construction projects not otherwise authorized by law for 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1779 
conforming storage facilities using funds appropriated for such 
purpose.". 
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1990, for military 
construction, land acquisition, and military family housing func-
tions of the Department of Defense (other than the military depart-
ments), in the total amount of $1,656,078,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2401(a), $275,448,000. 
(2) For military construction projects outside the United 
States authorized in section 2401(b), $22,390,000. 
(3) For military construction projects at Nellis Air Force Base, 
Nevada, authorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Years 1990 and 1991, 
$56,000,000. 
(4) For military construction projects at Fort Sill, Oklahoma, 
authorized by section 2401(a) of the Military Construction 
Authorization Act, 1989, $10,400,000. 
(5) For an energy conservation program, $30,000,000. 
(6) For military construction projects at Fort Sam Houston, 
Texas, authorized by section 2401(a) of the Military Construc-
tion Authorization Act, 1987, $50,000,000. 
(7) For military construction projects at Portsmouth Naval 
Hospital, Virginia, authorized by section 2401(a) of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991, 
$40,000,000. 
(8) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $14,955,000. 
(9) For contingency construction projects of the Secretary of 
Defense under section 2804 of title 10, United States Code, 
$10,000,000. 
(10) For architectural and engineering services and for 
construction design under section 2807 of title 10, United States 
« 
Code, $104,285,000. 
(11) For base closure and realignment activities as authorized -
by the Defense Authorization Amendments and Base Closure 
and Realignment Act (Public Law 100-526), $1,016,500,000. 
(12) For conforming storage facilities constructed under the 
authority 
of section 2404 of the Military 
Construction 
Authorization Act, 1987, $5,000,000. 
(13) For military family housing functions: 
(A) For construction and acquisition of military family 
housing facilities, $500,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$20,600,000, of which not more than $17,897,000 may be 
obligated or expended for the leasing of military family 
housing units worldwide. 
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variations authorized by 
law, the total cost of all projects carried out under section 2401 may 
not exceed the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
104 STAT. 1780 
PUBLIC LAW 101-510—NOV, 5, 1990 
SEC. 2406. MEDICAL FACILITY, NELLIS AIR FORCE BASE, NEVADA 
(a) PROJECT AMOUNT.—The item listed under the heading "De-
fense Medical Facilities Office" in section 2401 of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991 
(division B of Public Law 101-189) is amended by striking out 
"Nellis Air Force Base, Nevada, $62,000,000." and inserting in lieu 
thereof "Nellis Air Force Base, Nevada, $66,000,000.". 
(b) TITLE TOTAL.—Section 240503X3) of such Act is amended by 
striking 
out 
"$52,000,000" 
and 
inserting 
in 
lieu 
thereof 
"$56,000,000". 
SEC. 2407. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1987 
PROJECTS.—Notwithstanding the provisions of section 2701(a) of the 
Military Construction Authorization Act, 1987 (division B of Public 
Law 99-661; 100 Stat. 4040), the authorizations for the following 
projects in section 2401(a) of that Act, shall remain in effect until 
October 1, 1991, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 1992, whichever is 
later: 
(1) Road Improvements, in the amount of $4,370,000 at Na-
tional Security Headquarters, Fort Meade, Maryland. 
(b) ExTENSipN OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1989 
PROJECTS.—Notwithstanding the provisions of section 2701(a) of the 
Military Construction Authorization Act, 1989 (division B of Public 
Law 100-456; 102 Stat. 2115), authorizations for the following project 
authorized in section 2401 of that Act shall remain in effect until 
October 1,1991, or until the date of enactment of an Act authorizing 
funds for military construction for fiscal year 1992, whichever is 
later: 
Laboratory/Pharmacy Addition, Fort Leonard Wood, Mis-
souri, $1,450,000. 
(2) Hospital Life Safety Upgrade, Corpus Christi Naval Air 
Station, Texas, $6,100,000. 
(3) Hospital Life Safety Upgrade, Dyess Air Force Base, Texas, 
$950,000. 
TITLE XXV~NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) IN GENERAL.—The Secretary of Defense may make contribu-
tions for the North Atlantic Treaty Organization Infrastructure 
program as provided in section 2806 of title 10, United States Code, 
in an amount not to exceed the sum of the amount authorized to be 
appropriated for this purpose in section 2502 and the amount col-
lected from the North Atlantic Treaty Organization as a result of 
construction previously financed by the United States. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) funds made available for the North Atlantic Treaty 
Organization Infrastructure program should be used primarily 
for— 
(A) verif3dng or implementing the terms of conventional 
arms control agreements; 
PUBLIC LAW 101-510—NOV. 5, 1990 "
^ ' 
104 STAT. 1781 
(B) recoupment owed by the United States for projects 
completed before the date of the enactment of this Act; and 
(C) the completion of any construction project the 
construction of which began before October 1, 1990; and 
(2) the United States should work in consultation with the 
other countries of the North Atlantic Treaty Organization to 
restructure such program in such a manner that the funds 
provided to the program by the Secretary of Defense will be 
expended primarily for the purposes referred to in paragraph 
(1). 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1990, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States Code, 
for the share of the United States of the cost of projects for the 
North Atlantic Treaty Organization Infrastructure program as au-
thorized by section 2501, in the amount of $192,700,000. 
SEC. 2503. STUDY AND REPORT BY THE SECRETARY OF DEFENSE 
(a) IN GENERAL.—(1) The Secretary of Defense shall conduct a 
study to determine the feasibility and desirability of permitting the 
North Atlantic Treaty Organization to utilize, for training and 
exercise purposes, military installations in the United States being 
closed by the Department of Defense under other provisions of law. 
(2) In carrying out such a study, the Secretary shall consider— 
(A) the exact purposes for which such installations could be 
appropriately and effectively used by NATO; and 
(B) the manner in which NATO would pay for the use of such 
installations. 
(b) REPORT.—The Secretary shall transmit, by not later than 
March 15, 1991, to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the results of the 
study required by subsection (a), together with such comments and 
recommendations as the Secretary considers appropriate. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
There are authorized to be appropriated for fiscal years beginning 
after September 30, 1990, for the costs of acquisition, architectural 
and engineering services, and construction of facilities for the Guard 
and Reserve Forces, and for contributions therefor, under chapter 
133 of title 10, United States Code (including the cost of acquisition 
of land for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$297,544,000; and 
(B) for the Army Reserve, $76,126,000. 
(2) For the Department of the Navy, for the Naval and Marine 
Corps Reserve, $80,307,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$172,340,000; and 
(B) for the Air Force Reserve, $37,700,000. 
104 STAT. 1782 
PUBLIC LAW 101-510—NOV. 5, 1990 
TITLE XXVII—EXPIRATION OF AUTHORIZATIONS 
SEC. 2701. EXPIRATION OF AUTHORIZATIONS 
(a) EXPIRATION OF AUTHORIZATIONS AFTER TWO YEARS.—Except as 
provided in subsection (b), all authorizations contained in titles XXI, 
XXII, XXIII, XXIV, and XXV for military construction projects, 
land acquisition, family housing projects and facilities, and contribu-
tions to the NATO Infrastructure program (and authorizations of 
appropriations therefor) shall expire on October 1, 1992, or the date 
of the enactment of an Act authorizing funds for military construc-
tion for fiscal year 1993, whichever is later. 
(b) EXCEPTION.—The provisions of subsection (a) do not apply to 
authorizations for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to the 
NATO Infrastructure program (and authorizations of appropriations 
therefor) for which appropriated funds have been obligated before 
October 1, 1992, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 1993, whichever is 
later, for construction contracts, land acquisition, family housing 
projects and facilities, or contributions to the NATO Infrastructure 
program. 
TITLE XXVIII—GENERAL PROVISIONS 
PART A—CONSTRUCTION, LEASING, IMPROVEMENTS, DISPOSAL, AND 
UTILIZATION OF MILITARY INSTALLATIONS AND FACILITIES 
SEC. 2801. DUAL BASING 
(a) DEFINITION.—In this section— 
(1) the term "dual basing" means the stationing of units of the 
Armed Forces on a permanent basis at military installations 
inside the United States with rotating short-term assignments 
to military installations outside the United States for purposes 
of training, carrying out exercises, meeting obligations to other 
nations, or carrying out other international security responsibil-
ities of the United States; and 
(2) the term "United States" means the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
the Virgin Islands, American Samoa, and any other common-
wealth, territory, or possession of the United States. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that dual 
basing has significant potential for being an effective and efficient 
method by which this Nation can reduce its defense spending and 
also meet its world-wide security responsibilities and assist in reduc-
ing tension and increasing stability internationally. 
(c) REPORT.—The Secretary of Defense shall carry out a study of 
the manner in which dual basing could be implemented and shall 
transmit, by no later than March 15, 1991, to the Committees on 
Armed Services of the Senate and the House of Representatives a 
report containing a detailed description of how dual basing could be 
implemented, together with an assessment of the scheduling, costs, 
benefits, and difficulties involved in such an implementation as 
compared to the methods of basing military personnel used by the 
military departments on the date of the enactment of this Act. 
PUBLIC LAW 191-510—NOV. 5, 1990 
104 STAT. 1783 
SEC. 2802. LIMITATION ON CONSTRUCTION AT CROTONE, ITALY 
(a) IN GENERAL.—None of the funds available to the Department 
of Defense, including contributions for the North Atlantic Treaty 
Organization Infrastructure program pursuant to secticm 2806 of 
title 10, United States Code, may be obligated or expended (whether 
obligated before the date of enactment of this Act or not) in connec-
tion with relocating functions of the Department of Defense located 
at Torrejon Air Force Base, Madrid, Spain, on June 15, 1989, to 
Crotone, Italy, or any other location outside the United States until 
the Secretary of Defense makes the certification and files the 
information required in subsection (bX2). 
(b) CONSIDERATION AND CERTIFICATION.—(1) Promptly after the President. 
date of enactment of this Act, the President shall notify the other 
member nations of the North Atlantic Treaty Organization that the 
United States seeks to have placed on the agenda of the next 
meeting of the North Atlantic Council of NATO the following 
questions: 
(A) In light of the changed threat to NATO, is the retention of 
the 401st Tactical Fighter Wing in the Southern Region of 
NATO necessary? 
(B) In light of the changes in Europe, is continuation of 
construction of a new airbase at Crotone, Italy, desirable? 
(C) Are there existing airbases in NATO, and particularly in 
the Southern Region of NATO, which could serve as an ade-
quate base for the 401st Tactical Fighter Wing, rendering 
construction of a new base unnecessary? 
(D) Will the United States be authorized to use American 
aircraft based at Crotone, Italy, for military missions outside of 
the European theatre? 
(2) After the North Atlantic Council of NATO meets, considers the 
questions listed in paragraph (1), and passes a resolution endorsing 
continuation of construction of a new airbase at Crotone, Italy, the 
Secretary of Defense shall certify to the congressional defense 
committees that such has occurred and shall transmit, along with 
such certification, a copy of the resolution adopted by the North 
Atlantic Council and a summary of the debate concerning each of 
the questions contained in paragraph (1). 
SEC. 2803. RESTRICTIONS ON LEASING IN THE NATIONAL CAPITAL REGION 
(a) LIMITATION.—(1)(A) Subject to paragraph (2), during the fiscal 
years specified in subparagraph (B), the Department of Defense 
(including all departments, agencies, and other instrumentalities 
thereof) may not enter into or amend any lease or other agreement 
(including leases entered into with any other Federal agency) for 
administrative space in the National Capital Region that would 
result in the Department leasing administrative space in excess of 
the maximum area specified for that fiscal year in subparagraph (B), 
unless the Secretary of Defense, in consultation with the Adminis-
trator of General Services, submits to the Congress, no later than 
April 15, 1991, a comprehensive plan addressing the long-term 
leased space needs of the Department of Defense in the National 
Capital Region. Such a plan shall be consistent with the force 
structure plan submitted under section 2903. 
(B) The maximum area referred to in subparagraph (A) is as 
follows: 
(i) During fiscal year 1991, the number of square feet being 
utilized in such Region for administrative space by such Depart-
104 STAT. 1784 
PUBLIC LAW 101-510—NOV. 5,1990 
ment on the date of enactment of this Act, other than such 
administrative space as is contained in the Pentagon Reserva-
tion. 
(ii) During fiscal year 1992, 90 percent of the number of 
square feet specified in clause (i). 
(iii) During fiscal year 1993, 80 percent of the number of 
square feet specified in clause (i). 
(2) Any administrative space temporarily leased for exclusive use 
by personnel of the Department displaced from administrative space 
in the Pentagon Reservation as a result of the renovation of facili-
ties within such reservation shall not be included in computing the 
maximum limitations provided for in paragraph (1)(B). 
(3) The reduction of leased administrative space resulting from the 
implementation of this section shall be carried out in consultation 
with the Administrator of General Services. 
(b) PROHIBITION.—After September 30, 1991, the Department of 
Defense may not use any space under any lease or other agreement 
in the area known as Buzzard's Point in Washington, D.C., including 
the facility located at 1900 Half Street, Southwest. 
(c) DEFINITIONS.—As used in this section: 
(1) The term "administrative space" means property used for 
the operation of an office, for storage of office equipment or 
materials, or to support activities carried out in an office, 
including property with special architectural features, fixed 
equipment, or utilities (such as laboratories, dark rooms, auto-
matic data processing areas, food service areas, and security 
vaults). 
(2) The term "National Capital Region" means the geographic 
area located within the boundaries of (A) the District of Colum-
bia, (B) Montgomery and Prince Georges Counties in the State 
of Maryland, (C) Arlington, Fairfax, Loudoun, and Prince Wil-
liam Counties and the City of Alexandria in the Commonwealth 
of Virginia, and (D) all cities and other units of government 
within the geographic areas of such District, Counties, and City. 
(3) The term "Pentagon Reservation" has the same meaning 
given such term by section 2674(f)(1) of title 10, United States 
Code. 
SEC. 2804. OPERATION AND CONTROL OF THE PENTAGON RESERVATION 
(a) IN GENERAL.—(1) Chapter 159 of title 10, United States Code, is 
amended by inserting after section 2673 the following new section: 
"§ 2674. Operation and control of the Pentagon Reservation 
"(a)(1) Jurisdiction, custody, and control over, and responsibility 
for, the operation, maintenance, and management of the Pentagon 
Reservation is transferred to the Secretary of Defense. 
Reports. 
"(2) Before March 1 of each year, the Secretary of Defense shall 
transmit to the Committees on Armed Services of the Senate and 
the House of Representatives, the Committee on Environment and 
Public Works of the Senate, and the Committee on Public Works 
and Transportation of the House of Representatives a report on the 
state of the renovation of the Pentagon Reservation and a plan for 
the renovation work to be conducted in the fiscal year beginning in 
the year in which the report is transmitted. 
"(b) The Secretary may appoint military or civilian personnel or 
contract personnel to perform law enforcement and security func-
tions for property occupied by, or under the jurisdiction, custody. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1785 
and control of the Department of Defense, and located at the 
Pentagon Reservation. Such individuals— 
"(1) may be armed with appropriate firearms required for 
personal safety and for the proper execution of their duties, 
whether on Department of Defense property or in travel status; 
and 
"(2) shall have the same powers as sheriffs and constables to 
enforce the laws, rules, or regulations enacted for the protection 
of persons and property. 
"(c)(1) The Secretary may prescribe such rules and regulations as 
the Secretary considers appropriate to ensure the safe, efficient, and 
secure operation of the Pentagon Reservation, including rules and 
regulations necessary to govern the operation and parking of motor 
vehicles on the Pentagon Reservation. 
"(2) Any person who violates a rule or regulation prescribed under 
this subsection is liable to the United States for a civil penalty of not 
more than $1,000. 
"(3) Any person who willfully violates any rule or regulation 
prescribed pursuant 
to this subsection commits a Class B 
misdeameanor. 
"(d) The Secretary of Defense may establish rates and collect 
charges for space, services, protection, maintenance, construction, 
repairs, alterations, or facilities provided at the Pentagon Reserva-
tion. 
"(e)(1) There is established in the Treasury of the United States a 
revolving fund to be known as the Pentagon Reservation Mainte-
nance Revolving Fund (hereafter in this section referred to as the 
'Fund'). There shall be deposited into the Fund funds collected by 
the Secretary for space and services and other items provided an 
organization or entity using any facility or land on the Pentagon 
Reservation pursuant to subsection (d). 
"(2) Monies deposited into the Fund shall be available, without 
fiscal year limitation, for expenditure for real property manage-
ment, operation, protection, construction, repair, alteration and 
related activities for the Pentagon Reservation. 
"(f) In this section: 
"(1) The term 'Pentagon Reservation' means that area of land 
(consisting of approximately 280 acres) and improvements 
thereon, located in Arlington, Virginia, on which the Pentagon 
Office Building, Federal Building Number 2, the Pentagon heat-
ing and sewage treatment plants, and other related facilities are 
located, including various areas designated for the parking of 
vehicles. 
"(2) The term 'National Capital Region' means the geographic 
area located within the boundaries of (A) the District of Colum-
bia, (B) Montgomery and Prince Georges Counties in the State 
of Maryland, (C) Arlington, Fairfax, Loudoun, and Prince Wil-
liam Counties and the City of Alexandria in the Commonwealth 
of Virginia, and (D) all cities and other units of government 
within the geographic areas of such District, Counties, and 
City.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2673 the 
following new item: 
"2674. Operation and control of the Pentagon Reservation.". 
104 STAT. 1786 
PUBLIC LAW 101-510—NOV. 5, 1990 
(b) TRANSFER OF FUNDS FC« FISCAL YEAR 1991.—For fiscal year 
1991, the Secretary of Defense may transfer into the Pentagon 
Reservation Maintenance Revolving Fund (established by section 
2674(e) of title 10, United States Code), frcrni funds appropriated to 
the military departments and the Defense Agencies, amounts equal 
to the amounts that would otherwise be paid by the military depart-
ments and the Defense Agencies to the General Services Adminis-
tration for the use of the Pentagon Reservation. 
SEC. 2805. REVENUE FROM TRANSFER OR DISPOSAL OF DEPARTMENT OF 
DEFENSE REAL PROPERTY 
Section 204 of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 485) is amended— 
(1) in subsection (a), by striking out "subsections (b), (c), (d), 
and (e)" and inserting in lieu thereof "subsections (b), (c), (d), (e), 
and (h)"; 
(2) in subsection (b), by striking out "All the proceeds" in the 
first sentence and inserting in lieu thereof "Except as provided 
in subsection (h), all the proceeds"; and 
(3) by adding at the end thereof the following new subsection: 
"(hXl) If the Secretary of a military department determines that 
real properjty, and improvements thereon, under the control of that 
department (other than property at a military installation des-
ignated for closure or realignment) is excess to the needs of that 
department, the Secretary of Defense shall provide that the prop-
erty be made available for transfer without reimbursement to the 
other military departments within the Department of Defense. If 
the property is not transferred to another military department, the 
Secretary of the military department concerned shall request the 
Administrator to transfer or dispose of such property in accordance 
with the provisions of this Act, section 13(g) of the Surplus Property 
Act of 1944 (50 U.S.C. App. 1622(g)), or other applicable law. 
"(2) The Administrator shall deposit any proceeds (less expenses of 
transferring or disposing of the property as provided in subsection 
(b)) in a special account in the Treasury of the United States. The 
amount deposited in such account with respect to the transfer or 
disposal of any such property shall be available, to the extent 
provided in appropriation Acts, as follows: 
"(A) 50 percent of such amount shall be available for facility 
maintenance and repair or environmental restoration at the 
military installation where the property is located. 
"(B) 50 percent of such amount shall be available for facility 
maintenance and repair and for environmental restoration by 
the military department that had jurisdiction over the property 
before it was disposed of or transferred. 
"(3) As part of the annual request for authorizations of appropria-
tions to the Committees on Armed Services of the Senate and of the 
House of Representatives, the Secretary of Defense shall include an 
accounting of each transfer and disposal made in accordance with 
this subsection during the fiscal year preceding the fiscal year in 
which the request is made, including a detailed explanation of each 
such transfer and disposal and of the use of the proceeds received 
from it by the Department of Defense. 
"(4) For purposes of this subsection, the term 'military installa-
tion' shall have the meaning given that term in section 2687(e)(1) of 
title 10, United States Code.". 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1787 
SEC. 2
8
0
6
. 
REVENUE FROM LEASING OUT DEPARTMENT OF DEFENSE 
ASSETS 
Section 2667(d) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (4); and 
(2) by striking out paragraph (1) and inserting in lieu thereof 
the following: 
"(1)(A) All money rentals received pursuant to leases entered into 
by the Secretary of a military department under this section shall 
be deposited in a special account in the Treasury established for 
such military department, except— 
"(i) amounts paid for utilities and services furnished lessees 
by the Secretary; and 
"(ii) money rentals referred to in paragraph (4). 
"(B) Sums deposited in a military department's special account 
pursuant to subparagraph (A) shall be available to such military 
department, as provided in appropriation Acts, as follows: 
"(i) 50 percent of such amount shall be available for facility 
maintenance and repair or environmental restoration at the 
military installation where the leased property is located. 
"(ii) 50 percent of such amount shall be available for facility 
maintenance and repair and for environmental restoration by 
the military department concerned. 
"(2) Payments for utilities and services furnished lessees pursuant 
to leases entered into under this section shall be credited to the 
appropriation account from which the cost of furnishing the utilities 
and services was paid. 
"(3)(A) As part of the request for authorizations of appropriations 
for fiscal year 1992 to the Committees on Armed Services of the 
Senate and of the House of Representatives, the Secretary of De-
fense shall include an explanation of each lease from which money 
rentals will be received and deposited under this subsection during 
fiscal year 1991, together with an estimate of the amount to be 
received from each such lease and an explanation of the anticipated 
expenditures of such receipts. 
"(B) As part of the request for authorizations of appropriations to 
such Committees for each fiscal year after fiscal year 1992, the 
Secretary of Defense shall include— 
"(i) an accounting of the receipt and use of all money rentals 
that were deposited and expended under this subsection during 
the fiscal year preceding the fiscal year in which the request is 
made; and 
"(ii) a detailed explanation of each lease entered into, and of 
each amendment made to existing leases, during such preceding 
fiscal year.". 
SEC. 2807. SENSE OF CONGRESS CONCERNING A MILITARY CONSTRUC-
TION MORATORIUM 
It is the sense of the Congress that the Secretary of Defense 
should not issue an order during calendar year 1991 that prohibits, 
totally or generally, the military departments from entering into 
contracts for authorized military construction projects inside the 
United States or from exercising options under existing contracts 
for such projects. 
104 STAT. 1788 
PUBLIC LAW 101-510—NOV. 5, 1990 
PART B—MILITARY CONSTRUCTION PROGRAM CHANGES 
SEC. 2811. ONE-YEAR 
EXTENSION OF 
MILITARY 
HOUSING RENTAL 
GUARANTEE PROGRAM 
(a) IN GENERAL.—Section 802(h) of the MiHtary Construction 
Authorization Act, 1984 (10 U.S.C. 2821 note), is amended by strik-
ing out "1990" and inserting in lieu thereof "1991". 
(b) LIMITATION.—Section 802 of such Act is amended by adding at 
the end the following new subsection: 
"(i) Not more than six agreements may be entered into under this 
section during fiscal year 1991.". 
SEC. 2812. FAMILY HOUSING IMPROVEMENT THRESHOLD 
Section 2825(b)(1) of title 10, United States Code, is amended— 
(1) in clause (A), by striking out "$40,000" and inserting in 
lieu thereof "$50,000"; and 
(2) by adding at the end the following sentence: "The Sec-
retary concerned may waive the limitations contained in the 
preceding sentence if (i) such Secretary determines that, consid-
ering the useful life of the structure to be improved and the 
useful life of a newly constructed unit and the cost of construc-
tion and of operation and maintenance of each kind of unit over 
its useful life, the improvement will be cost-effective, and (ii) a 
period of 21 days elapses after the date on which the Commit-
tees on Armed Services and the Committees on Appropriations 
of the Senate and of the House of Representatives receive a 
notice from such Secretary of the proposed waiver, together 
with an economic analysis demonstrating that the improvement 
will be cost effective.". 
PART C—LAND TRANSACTIONS 
SEC. 2821. LAND CONVEYANCE, REDSTONE ARSENAL, ALABAMA 
(a) IN GENERAL.—Subject to subsections (b) through (e), the Sec-
retary of the Army may convey to the Solid Weiste Disposal Author-
ity of the City of Huntsville, Alabama, all right, title, and interest of 
the United States in and to a parcel of real property consisting of 
approximately 20 acres, including improvements thereon, at the 
Redstone Arsenal, Alabama, that, on the date of the enactment of 
this Act, is leased to such Authority pursuant to Department of the 
Army lease DACA 01-1-87-225, dated December 14,1987. 
(b) CONSIDERATION.—In consideration for the conveyance specified 
in subsection (a), the Authority shall be required to provide to the 
Secretary, in accordance with requirements determined by the Sec-
retary to be in the best interests of the United States— 
(1) evidence that it has constructed on such real property, and 
is commercially operating, a refuse fired steam plant for the 
disposal of municipal solid waste; 
(2) an executed agreement obligating the Authority to accept 
from the United States up to 50 tons per day of acceptable waste 
for processing, without reimbursement, at such site; 
(3) an agreement indemnifying the United States from any 
liability with respect to the construction and operation of any 
waste disposal facility on the property; and 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1789 
(4) an agreement obligating the Authority with respect to 
furnishing steam and electricity to the Department of the Army 
at such site. 
(c) RESERVATIONS.—The deed of conveyance shall— 
(1) reserve to the United States all mineral rights in the real 
property conveyed; 
(2) reserve to the United States an easement for the mainte-
nance and operation of ground water monitoring equipment 
located in the southeast corner of the parcel of real property 
and an easement for ingress and egress to the equipment; 
(3) incorporate the easement granted by the Secretary of the 
Army to the city of Huntsville, Alabama, contained in the Road 
or Street Easement Numbered DACA 01-2-68-4, dated Novem-
ber 7, 1967, and recorded in Deed Book 458, pages 356-358, 
Probate Records, Madison County, Alabama; and 
(4) be subject to any leases to which the real property 
conveyed under subsection (a) is subject at the time of the 
conveyance. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed pursuant to this section 
shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the Authority. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2822. RELEASE AND CONVEYANCE, RESERVE CENTER AT LITTLE 
ROCK, ARKANSAS 
(a) IN GENERAL.—Subject to subsections O
b
) and (c), the Secretary 
of the Army shall— 
(1) release to the University of Arkansas, without consider-
ation, all right, title, and interest of the United States in and to 
approximately 2.66 acres of land in Palaski County, Arkansas, 
leased by the United States from the University of Arkansas 
pursuant to Department of Army lease No. DA-34-066, dated 
March 31,1950; and 
(2) convey to the University of Arkansas, without consider-
ation, all right, title, and interest of the United States in and to 
all improvements constructed on the land referred to in para-
graph (1). 
(b) CONDITIONS OF RELEASE AND CONVEYANCE.—The release and 
conveyance referred to in subsection (a) shall be subject to the 
condition that— 
(1) the University of Arkansas accept responsibility for all 
costs related to removing or abating the hazard posed by asbes-
tos contained in any of the improvements conveyed pursuant to 
subsection (aX2); and 
(2) the University of Arkansas agree to indemnify the United 
States against any liability for the presence of any asbestos or 
asbestos-containing material in any of the improvements re-
ferred to in subsection (aX2). 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
release and conveyance under this section as the Secretary deter-
mines appropriate to protect the interests of the United States. 
104 STAT. 1790 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 2823. LAND CONVEYANCE, NAVAL WEAPONS STATION, CONCORD, 
CALIFORNIA 
(a) IN GENERAL.—Subject to subsections (b) through (e), the Sec-
retary of the Navy may sell and convey to the San Francisco Bay 
Area Rapid Transit District (hereafter in this section referred to as 
"BART") all right, title and interest of the United States in and to a 
parcel of real property, including improvements thereon, consisting 
of approximately 40 acres comprising a portion of the Naval Weap-
ons Station, Concord, California. 
(b) CONSIDERATION.—(1) In consideration for the conveyance au-
thorized in subsection (a), BART shall be required to— 
(A) pay to the United States an amount equal to not less than 
the fair market value of the property to be conveyed under 
subsection (a), as determined by the Secretary; 
(B) pay for the cost of relocating certain railroad tracks 
located on such property; 
(C) pay for the cost of relocating the existing security fence to 
conform with the new boundaries of the Naval Weapons Station 
after such conveyance; and 
(D) pay for the costs of appraisals and other costs related to 
the sale and conveyance of property under this section. 
(2) Costs incurred by BART in connection with the relocations 
referred to in subparagraphs (B) and (C) of paragraph (1) and for the 
costs referred to in subparagraph (D) of such paragraph may not be 
considered as any part of the fair market value of the property 
referred to in subsection (a). 
(c) USE OF PROCEEDS.—The Secretary shall deposit proceeds re-
ceived from the sale of property authorized by this section in the 
special account established pursuant to section 204(h) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by BART. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2824. LEASE AT HUNTERS POINT NAVAL SHIPYARD, SAN FRANCISCO, 
CALIFORNIA 
(a) IN GENERAL.—(1) The Secretary of the Navy shall, within one 
year after the date of the enactment of this Act, lease to the City of 
San Francisco, California, at fair market value and for at least 30 
years, not less than 260 acres, including any improvements thereon, 
of the area known eis the Hunters Point Naval Shipyard, San 
Francisco, California. 
(2) In carrying out paragraph (1), the Secretary shall— 
(A) determine the location of the property to be leased; 
(B) provide that the property leased shall be used by the City 
subject to such terms and conditions as the Secretary deter-
mines appropriate to protect the interests of the United States; 
and 
(C) take steps to minimize the disruption and displacement of 
tenants on Hunters Point to the maximum extent practicable. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1791 
(b) REPORT.—The Secretary shall transmit, by no later than Feb-
ruary 1, 1991, to the Committees on Armed Services of the Senate 
and of the House of Representatives a report of the status of the 
negotiations carried out for the purpose of entering into a lease 
under subsection (a). 
SEC. 2825. TRANSFER OF LANDS, PINON CANYON, COLORADO 
(a) TRANSFER.—Notwithstanding any other provision of law and 
subject to subsections (b) through (d), the Secretary of the Army 
shall transfer administrative jurisdiction of approximately 16,707 
acres of land at the Pinon Canyon Maneuver Site, Colorado, consist-
ing of all parcels of land identified by the Secretary of the Army as 
uneconomic remnant lands, to the Secretary of Agriculture for 
inclusion in the Comanche National Grassland. The Secretary of 
Agriculture shall administer the transferred lands in accordance 
with laws applicable to the National Forest system. 
(b) DESCRIPTION OF THE PROPERTY.—(1) The exact acreage and legal 
description of the property to be transferred under this section shall 
be determined by surveys satisfactory to the Secretary of the Army 
and the Secretary of Agriculture. 
(2) The Secretary of Agriculture, with the concurrence of the 
Secretary of the Army, shall prepare a map of the lands to be 
conveyed. Such lands shall be known as the Picket Wire 
Canyonlsmds (hereafter in this section referred to as the "PWC"). 
(3) The legal description and map referred to in paragraphs (1) and 
(2) shall be kept on file and available for public inspection in the 
office of the Chief of the Forest Service, Department of Agriculture. 
(c) ADMINISTRATION OF LANDS.—(1) The Secretary of Agriculture 
shall administer the transferred lands so as to conserve and protect 
the paleontological, archaeological, wildlife, vegetative, aquatic, and 
other natural resources of the area. 
(2) The management provisions of this section shall apply only to 
those parcels of the transferred lands comprising approximately 
11,507 acres in the Purgatoire River Canyon. 
(3) The Secretary of Agriculture may permit access to the PWC for 
the purpose of permitting scholarly research, interpretation to the 
public, and recreational activities to the extent that such access does 
not— 
(A) impair (as determined by the Secretary of the Army) the 
use of the Pinon Canyon Maneuver Site for the purposes for 
which the area is intended to be used by the Army; or 
(B) impair the conservation and protection of paleontological, 
archaeological, or natural resources of the area. 
(4) The Secretary of Agriculture may permit livestock grazing in 
the PWC only to the extent that the Secretary determines necessary 
to benefit the natural resources of the area. 
(5) Lands of the PWC are withdrawn from operation of the 
mining, mineral leasing, and other mineral entry laws of the United 
States. 
(6) No activity shall be permitted in the PWC that would impair 
(as determined by the Secretary of the Army) the use of the Pinon 
Canyon Maneuver Site for the purposes for which the site is in-
tended to be used by the Army or the conservation and protection of 
the paleontological, archaeological, and natural resources of the 
area, including production of or exploration for oil, gas, or minerals 
of any kind. 
104 STAT. 1792 
PUBLIC LAW 101-510-NOV. 5, 1990 
(7) Lands to be transferred may not be used for the storage or 
processing of nuclear waste, other hazardous waste, or any other 
waste. 
(8) The Secretary of Agriculture, in consultation with the Director 
of the National Park Service, the Director of United States Fish and 
Wildlife Service, the Secretary of the Army, the head of the Colo-
rado Department of Natural Resources, and the head of the Colo-
rado State Historic Preservation Office, shall, after notice and 
opportunity for public comment, develop a management plan for the 
PWC that includes— 
(A) a complete survey and an inventory of the paleontological 
and archaeological resources of the area; and 
(B) a strategy for protecting and conserving the dinosaur 
track way in the Purgatoire River Canyon and other paleon-
tological and archaeological resources in the PWC. 
(d) INTERAGENCY AGREEMENT.—(1) When the lands referred to in 
subsection (a) are transferred, the Secretary of the Army and the 
Secretary of Agriculture shall enter into an interagency agreement 
providing for— 
(A) access to the PWC through the Pinon Canyon Maneuver 
Site for the Secretary of Agriculture (for the purpose of taking 
action to conserve and protect the area's resources) and the 
public (for educational purposes) in such manner, at such times, 
and to such an extent as will not interfere (as determined by the 
Secretary of the Army) with the Army's use of the site; and 
(B) cooperation between the Army and the Forest Service in 
the protlction and conservation of the paleontological, ar-
chaeological, and natural resources in the PWC. 
(2) In determining whether the manner, time, and extent of access 
through the Pinon Canyon Maneuver Site for a particular purpose 
will constitute interference with the Army's use of the site for the 
purpose of paragraph (1)(B), the Secretary of the Army shall— 
(A) with respect to access by the Secretary of Agriculture for 
management purposes, take into consideration that the high 
importance of protecting and conserving the resources of the 
PWC may justify the imposition of some inconvenience to the 
Army, so long as the inconvenience does not prevent the Army 
from accomplishing its purposes on the Pinon Canyon Maneu-
ver Site; and 
(B) with respect to access by the public, take into consider-
ation comments solicited from the public by the Secretary of 
Agriculture concerning the need for and the kind of access that 
should be provided. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Department of Agriculture such sums as are 
necessary to carry out this section, including such sums as are 
necessary to pay for— 
(1) a study of the paleontological resources of the PWC and 
action to prevent erosion of the dinosaur track way; 
(2) a complete cadastral survey of the PWC; and 
(3) an archaeological, paleontological, and historical survey of 
the PWC. 
SEC. 2826. LAND CONVEYANCE, CAPE HENLOPEN, DELAWARE 
(a) IN GENERAL.—(1) Subject to subsections (b) through (e), the 
Secretary of the Army shall convey, not later than one year after 
the date of the enactment of this Act, to the State of Delaware all 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1793 
right, title, and interest of the United States in and to a parcel of 
real property located at Cape Henlopen, in Sussex County, Dela-
ware, consisting of approximately 96 acres and known as the Fort 
Meade Recreation Area. 
(2) The conveyance made pursuant to this section shall be without 
consideration except that required by subsection (b). 
(b) CONDITIONS OF CONVEYANCE.—The conveyance authorized by 
this section shall be subject to the following conditions: 
(1) The State of Delaware shall indemnify the United States 
against all liability in connection with any hazardous materials, 
substances, or conditions which may be found on the property to 
be conveyed pursuant to this section. 
(2) The State of Delaware shall permit members of the Armed 
Forces of the United States serving on active duty, their 
spouses, and their dependents to purchase each year, for a price 
not greater than the price charged residents of the State of 
Delaware, an annual pass to all Delaware State parks. 
(3) The State of Delaware shall pay to the Secretary for credit 
to the Army Morale, Welfare, and Recreation Fund, the sum of 
$14,369, to reimburse the fund for sums expended to improve 
the property. 
(c) USE OF PROPERTY; REVERSION.—(1) The real property conveyed 
pursuant to this section may be used by the State of Delaware only 
for public park or recreational purposes. 
(2) If the Secretary of the Interior determines at any time that the 
real property conveyed pursuant to this section is not being used for 
a purpose specified in paragraph (1), all right, title, and interest in 
and to such real property shall revert to the United States and the 
United States shall have the right of immediate entry thereon. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed pursuant to this 
section shall be determined by a survey satisfactory to the Sec-
retary. The cost of such survey shall be borne by the State of 
Delaware. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance pursuant to this section as the Secretary determines 
appropriate to protect the interests of the United States. 
SEC. 2827. LAND CONVEYANCE, EGLIN AIR FORCE BASE, FLORIDA 
(a) IN GENERAL.—Subject to subsections (b) through (f), the Sec-
retary of the Air Force may convey to the City of Valparaiso, 
Florida, all right, title, and interest of the United States in and to 
approximately 3.5 acres of real property, including improvements 
thereon, located on Eglin Air Force Base, Florida. 
(b) CONSIDERATION AND USE OF PROCEEDS.—(1) In consideration for 
the conveyance authorized by subsection (a), the City of Valparaiso, 
Florida, shall pay to the United States an amount equal to the fair 
market value of the property to be conveyed, as determined by the 
Secretary. 
(2) The Secretary shall deposit proceeds received from the sale of 
property authorized by this section in the special account estab-
lished pursuant to section 204(h) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C 485(h)). 
(c) CONDITION OF CONVEYANCE.—The conveyance authorized by 
subsection (a) shall be subject to the condition that the real property 
104 STAT. 1794 
PUBLIC LAW 101-510—NOV. 5, 1990 
so conveyed shall be used by the City of Valparaiso, Florida, as a 
public cemetery. 
(d) REVERSION.—If the Secretary determines at any time that the 
property conveyed pursuant to this section is not being used for the 
purpose specified in subsection (c), all right, title, and interest in and 
to the property, including improvements thereon, shall revert to the 
United States and the United States shall have the right of imme-
diate reentry thereon. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the City of Valparaiso, Florida. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2828. LAND CONVEYANCE, NAVAL AIR STATION, CECIL FIELD, 
JACKSONVILLE, FLORIDA. 
(a) IN GENERAL.—(1) Subject to paragraphs (2) and (3) and subsec-
tion (c), the Secretary of the Navy may sell the real property and 
improvements owned by the United States in Duval County, Florida, 
comprising the Outlying Landing Field, Whitehouse. 
(2) Such a sale may be carried out only after a fully operational 
replacement field has been completed, using not more than $500,000 
of the funds appropriated pursuant to section 2205(a)(5) of this Act 
and other funds authorized and appropriated for that purpose. 
(3) The sale of such property shall be by competitive procedures 
and at not less than the fair market value of the property (as 
determined by the Secretary). 
(b) USE OF PROCEEDS.—The Secretary may use the proceeds from 
the sale authorized in subsection (a) to— 
(1) acquire sufficient interests in additional land around the 
replacement facility to provide a safety and noise buffer zone 
necessary for the continued operation of the facility; and 
(2) pay expenses related to the sale of property authorized by 
subsection (a). 
(c) RESTRICTIONS ON SALE.—The Secretary shall not proceed with 
the sale authorized by subsection (a) unless the conditions of the sale 
are restricted to non-aviation use. 
SEC. 2829. LAND EXCHANGE, FORT BENNING, GEORGIA 
(a) AUTHORITY TO CONVEY.—Subject to subsections Qo), (c), and (d), 
the Secretary of the Army may convey to the City of Columbus, 
Georgia, all right, title, and interest of the United States in and to a 
tract of real property, including improvements thereon, consisting of 
approximately 3,000 acres and comprising a portion of Fort Benning, 
Georgia. 
(b) CONSIDERATION AND USE OF PROCEEDS.—(1) In consideration for 
the conveyance by the Secretary under subsection (a), the City of 
Columbus shall be required to convey to the United States approxi-
mately 3,300 acres of real property located adjacent to the southern 
boundary of Fort Benning. 
(2) If the fair market value of the land conveyed by the Secretary 
under subsection (a) exceeds the fair market value of the land 
conveyed to the United States, as determined by the Secretary, the 
City of Columbus shall pay an amount equal to the difference to the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1795 
United States. The Secretary shall deposit any such amount into the 
special account established pursuant to section 204(h) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). 
(c) LEGAL DESCRIPTION OF LANDS.—The exact acreages and legal 
descriptions of the lands to be conveyed under this section shall be 
determined by surveys satisfactory to the Secretary. The cost of the 
surveys shall be borne by the City. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
transactions authorized by this section as the Secretary determines 
appropriate to protect the interests of the United States. 
SEC. 2830. LAND CONVEYANCE, ROBINS AIR FORCE BASE, GEORGIA 
(a) IN GENERAL.—Subject to subsections (b) through (e), the Sec-
retary of the Air Force may sell and convey all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of a total of approxi-
mately 70 acres, and comprising a portion of Robins Air Force Base, 
Georgia. 
(b) COMPETITIVE BID REQUIREMENT, MINIMUM SALE PRICE.—(1) The 
Secretary shall use competitive procedures for the sale of property 
referred to in subsection (a). 
(2) In no event may any of the property referred to in subsection 
(a) be sold for an amount less than the fair market value, as 
determined by the Secretary. 
(c) USE OF PROCEEDS.—The Secretary shall deposit proceeds re-
ceived from the sale of property authorized by this section in the 
special account established pursuant to section 204(h) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C 485(h)). 
(d) LEGAL DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey that is satisfactory to the Secretary. The 
cost of such survey shall be borne by the purchaser. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with any 
transaction authorized by this section as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2831. LAND CONVEYANCE, DILLINGHAM MILITARY RESERVATION, 
HAWAII 
(a) IN GENERAL.—Subject to subsections (b), (c), and (d), the Sec-
retary of the Army shall convey to the State of Hawaii, without 
consideration, all right, title, and interest of the United States in 
and to a parcel of land, together with improvements thereon, 
consisting of approximately 87 acres, that comprises a portion of 
Dillingham Military Reservation at Mokuleia, Hawaii, and which 
was previously ceded, without consideration, to the United States by 
the State of Hawaii for use by the Armed Forces of the United 
States. 
(b) CONDITION.—The conveyance authorized by subsection (a) shall 
be made on condition that the State of Hawaii enter into an 
agreement with the Secretary of the Army that is acceptable to the 
Secretary and provides for joint civilian and military use of the 
property as an airfield by the State of Hawaii and the Army. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property referred to in subsection (a) shall be 
104 STAT. 1796 
PUBLIC LAW 101-510-NOV. 5, 1990 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the State of Hawaii. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2832. LAND CONVEYANCE, SOUTH BEND, INDIANA 
(a) IN GENERAL.—Subject to subsections (b) through (f), the 
Secretary of the Army shall convey to the Civic Foundation, 
Incorporated, a not-for-profit corporation organized and operating 
pursuant to the laws of the State of Indiana, or the City of South 
Bend, Indiana, or to both, all right, title, and interest of the United 
States in and to real property aggregating approximately 4.15 acres, 
including improvements thereon, located at 1733 East Northside 
Boulevard, South Bend, Indiana, and known as the Northside Army 
Reserve Training Center. 
(b) CONSIDERATION.—(1) In consideration for the conveyance made 
under subsection (a), the Civic Foundation or the City, as the case 
may be, shall, in accordance with the agreement required by subsec-
tion (c), be required to— 
(A) convey to the United States all right, title, and interest in 
and to a parcel of real property of approximately eight acres, 
together with improvements thereon, located at 2402 Rose 
Street, South Bend, Indiana, and known as the Maple Lane 
School; 
(B) repair and rehabilitate the Maple Lane School in accord-
ance with plans and specifications approved by the Secretary; 
(C) construct an access driveway to the Maple Lane School 
property from Ironwood Drive; and 
(D) design to Department of the Army standards and con-
struct additional improvements on the Maple Lane School prop-
erty in accordance with the requirements, and subject to the 
approval, of the Secretary. 
(2) The cost of the repair, rehabilitation, construction work, and 
other improvements carried out under subparagraphs (B), (C), and 
(D) of paragraph (1) (including but not limited to the cost of any and 
all architectural, engineering design, environmental assessment and 
remediation, construction financing, and all legal and inspection 
fees for the additional improvements) shall be paid as follows: 
(A) The Civic Foundation or the City, or both, shall pay a total 
of $500,000. Any funds expended by the Civic Foundation or the 
City pursuant to obligations under paragraph (1) before the 
execution of the agreement required by subsection (c) shall be 
considered as part of this payment. 
(B) After payment by the Civic Foundation or the City, or 
both, as provided in subparagraph (A), the Secretary of the 
Army shall pay any remaining amount necessary to complete 
the work described in subparagraphs (B), (C), and (D) of para-
graph (1), out of funds available for such purpose. 
(3) The amount of $397,000 is hereby authorized to be appro-
priated to pay for the design and construction of improvements 
authorized by paragraph (1)(D). 
(c) AGREEMENT.—In order to implement this section, the Secretary 
shall enter into an agreement with the Civic Foundation or the City, 
or both. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1797 
(d) OCCUPANCY.—The Department of the Army shall vacate the 
Northside Army Reserve Training Center upon beneficial occupancy 
of Maple Lane School. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the properties to be conveyed under this section shall 
be determined by surveys acceptable to the Secretary. The cost of 
such survey shall be borne by Civic Foundation, Incorporated, or by 
the City of South Bend, or both. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions as the Secretary consid-
ers appropriate to carry out the provisions of this section and to 
protect the interests of the United States. 
SEC. 2833. LAND EXCHANGE, LEXINGTON PARK, MARYLAND 
(a) IN GENERAL.—Subject to subsections (b) through (d), the Sec-
retary of the Navy may convey to the County of St. Mary's, Mary-
land, all right, title, and interest of the United States in and to 
approximately 32 acres of unimproved real property consisting of 
two severable parcels at the Naval Air Test Center, Patuxent River, 
Maryland. 
(b) CONSIDERATION.—In consideration for the conveyance au-
thorized by subsection (a), the County shall be required to convey to 
the United States approximately 7.2 acres of real property, includ-
ing improvements thereon, known as the former Frank Knox Ele-
mentary School, Lexington Park, Maryland. 
(c) PAYMENT OF EXCESS INTO SPECIAL ACCOUNT.—If the fair market 
value of the land and improvements conveyed by the Secretary 
under subsection (a) exceeds the fair market value of the land 
conveyed to the United States by the County, the County shall pay 
an amount equal to the difference to the United States, and the 
Secretary shall deposit such amount into the special account estab-
lished pursuant to section 204(h) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 485(h)). 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of any property to be conveyed or received under this 
section shall be determined by surveys satisfactory to the Secretary. 
The cost of such survey shall be borne by the County. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section £is the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2834. LAND EXCHANGE AT MARINE CORPS FINANCE CENTER, 
KANSAS CITY, MISSOURI 
(a) AUTHORITY TO CONVEY.—Subject to subsections (b) through (e), 
the Secretary of the Navy may convey to the City of Kansas City, 
Missouri, all right, title, and interest of the United States in and to a 
parcel of land consisting of approximately 12 acres located near the 
family housing area of the Marine Corps Finance Center, Kansas 
City, Missouri, together with the improvements on such land. 
(b) CONSIDERATION.—In consideration for the conveyance by the 
Secretary under subsection (a), the City of Kansas City shall convey 
to the United States approximately 10 acres of land adjacent to the 
family housing area of the Marine Corps Finance Center, Kansas 
City, Missouri. 
(c) PAYMENT OF EXCESS INTO SPECIAL ACCOUNT.—If the fair market 
value of the land and improvements conveyed by the Secretary 
104 STAT. 1798 
PUBLIC LAW 101-510—NOV. 5, 1990 
under subsection (a) exceeds the fair market value of the land 
conveyed to the United States by the City of Kansas City, the City 
shall pay an amount equal to the difference to the United States, 
and the Secretary shall deposit such amount into the special account 
established pursuant to section 204(h) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C 485(h)). 
(d) LEGAL DESCRIPTION OF LANDS.—The exact acreages and legal 
descriptions of the lands to be conveyed under this section shall be 
determined by surveys satisfactory to the Secretary. The cost of the 
surveys shall be borne by the City of Kansas City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
transactions authorized by this section as the Secretary determines 
appropriate to protect the interests of the United States. 
SEC. 2835. EXCHANGE OF INTERESTS, CAMP WITHYCOMBE, OREGON 
(a) RELEASE OF REVERSIONARY INTEREST.—Subject to subsections 
(b) through (d), the Secretary of the Army may release to the State 
of Oregon the reversionary interest of the United States in and to 
two parcels of real property totaling approximately 160 acres, 
including improvements thereon, at Camp Withycombe, Clackamas 
County, Oregon, that were conveyed by the United States to the 
State of Oregon by a quitclaim deed dated November 9, 1956. 
Real property 
Qj) CONSIDERATION.—(1) In Consideration for the release under 
acquisition. 
subsection (a), the State of Oregon shall be required to convey to the 
United States a contingent interest, described in paragraph (2), in 
approximately 166 acres of real property, including improvements 
thereon, comprising Camp Rilea, Clatsop County, Oregon. 
(2) The contingent interest referred to in paragraph (1) is an 
interest that provides that— 
(A) in the event that Camp Rilea ceases to be used by the 
State of Oregon for military purposes, title to such property, 
including improvements thereon, shall immediately vest in the 
United States without payment of consideration and the United 
States shall have the immediate right to enter thereon; and 
(B) in the event of a war declared by Congress or a national 
emergency declared by Congress or the President, and upon a 
determination by the Secretary of Defense that any of such 
property is needed for military purposes, the United States 
shall have the right, without payment of consideration, to enter 
the property and use the property or any part thereof, including 
any improvements thereon, for such p)eriod as the Secretary 
determines necessary, but in no event for any period that 
extends beyond 180 days after the end of such war or national 
emergency. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcels of real property from which the reversion-
ary interest referred to in subsection (a) is to be released, and the 
exact acreage and legal description of the property in which the 
contingent interest is to be conveyed to the United States under 
subsection (b), shall be determined by surveys satisfactory to the 
Secretary of the Army. The cost of such surveys shall be borne by 
the State. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
release of the reversionary interest under subsection (a) and the 
conveyance of the contingent interest under subsection (b) as the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1799 
Secretary determines appropriate to protect the interests of the 
United States. 
SEC. 2836. CONVEYANCE OF FORT DOUGLAS, UTAH 
(a) CONVEYANCE.—(1) Except as provided in paragraphs (2), (3), 
and (4), and subject to subsections (b) through (g), the Secretary of 
the Army shall convey to the University of Utah sill right, title, and 
interest of the United States in and to the land comprising Fort 
Douglas, Utah, together with improvements thereon. 
(2) The Secretary shall except from the land conveyed under 
paragraph (1) such land, not in excess of 64 acres, and improvements 
thereon as may be necessary for the Army to continue conducting 
Army Reserve activities at the Fort Douglas location. 
(3) The Secretary shall also except from the land conveyed under 
paragraph (1) the land at Fort Douglas constituting the Fort Douglas 
Post Cemetery, consisting of approximately four acres. 
(4) In connection with the land retained for Army Reserve activi-
ties and the land constituting the Army Post Cemetery, the Sec-
retary shall reserve to the United States in the land conveyed such 
rights-of-way and other easements as may be necessary for ingress 
to and egress from the land retained. 
(b) CONSIDERATION.—(1) The conveyance under subsection (a) shall 
be made only on the condition that the State of Utah and the 
University of Utah waive any entitlements that have not been 
exercised on behalf of the University of Utah before the date of the 
enactment of this section and that may be due to the State of Utah 
or the University of Utah on behalf of the University of Utah 
under— 
(A) section 3 of the Act entitled "An Act to establish the office 
of Surveyor-General of Utah, and to grant Land for School and 
University Purposes", approved February 21,1855 (10 Stat. 611); 
and 
(B) sections 8 and 12 of the Act entitled "An Act to enable the 
people of Utah to form a constitution and State government, 
and to be admitted into the Union on equal footing with the 
original States", approved July 16,1894 (28 Stat. 110). 
(2) The waiver referred to in paragraph (1) shall be executed in 
such manner as the Secretary of the Army, after consultation with 
the Attorney General of the United States, determines necessary to 
effectively waive any unexercised entitlements under those laws. 
(c) CONDITION.—(1) The conveyance provided for in subsection (a) 
may be made only on condition that— 
(A) the State of Utah agree to maintain and operate, as 
provided in paragraph (2), the Army museum located on the 
land conveyed to the University of Utah pursuant to this sec-
tion; and 
(B) the University of Utah agree— 
(i) to maintain and operate, as provided in paragraph (2), 
the Army chapel and other historical buildings located on 
the land referred to in subparagraph (A); and 
(ii) to preserve and maintain, as provided in parsigraph 
(2), the parade grounds that are a part of the land referred 
to in subparagraph (A). 
(2) The Army museum. Army chapel, and other historical build- Historic 
ings referred to in paragraph (1) shall be maintained £md operated, preservation. 
and the parade grounds referred to in that paragraph shall be 
preserved and maintained, in a manner consistent with Federsd 
104 STAT. 1800 
PUBLIC LAW 101-510—NOV. 5, 1990 
laws and regulations pertaining to the preservation of historical 
sites, buildings, and monuments, as specified by the Secretary of the 
Interior. 
(d) REVERSIONARY RIGHT.—If the University of Utah uses the land 
conveyed pursuant to subsection (a) for a purpose other than edu-
cational or research purposes, all right, title, and interest in and to 
such land shall automatically revert to the United States and the 
United States shall have the right of immediate entry thereon. 
(e) DEADLINE FOR CONVEYANCE.—The conveyance under subsec-
tion (a) shall be made not later than one year after the date of the 
enactment of this section. 
(f) JOINT USE OF UTILITY SYSTEMS.—The Secretary may enter into 
an agreement with the University of Utah under which the Army 
and the University would— 
(1) jointly use the existing utility systems located at Fort 
Douglas at the time of the conveyance provided for under 
subsection (a); 
(2) equitably share the cost of maintaining, operating, and 
replacing (as necessary) the systems; and 
(3) pay on a pro rata basis for the utilities consumed by each 
of the parties. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions in connection with the 
conveyance provided for under subsection (a) as the Secretary 
considers necessary to protect the interests of the United States. 
(h) ADDITIONAL EXCESS LAND.—In the event that any lands con-
stituting Fort Douglas, Utah, that are not conveyed pursuant to 
subsection (a) are declared excess to the needs of the Army after the 
date of the conveyance provided for in that subsection, the Secretary 
shall convey such lands to the University of Utah. Any lands 
conveyed pursuant to this subsection shall be conveyed subject to a 
reversionary clause in favor of the United States as provided in 
subsection (d). 
SEC. 2837. LAND CONVEYANCE, NAVAL RESERVE CENTER, BURLINGTON, 
VERMONT 
(a) IN GENERAL.—Subject to subsection (b) through (e), the Sec-
retary of the Navy may convey to the City of Burlington, Vermont, 
all right, title, and interest of the United States in and to a parcel of 
real property consisting of approximately 1.49 acres, including 
improvements thereon, comprising the Naval Reserve Center, Bur-
lington, Vermont. 
(b) USE OF PROCEEDS.—The Secretary may use the proceeds of the 
transaction authorized by this section to pay all or part of the cost of 
acquiring a new site in the Burlington, Vermont, area for a naval 
reserve center and for the construction on such site of a replacement 
naval reserve center facility. 
(c) CONDITIONS OF SALE.—(1) The conveyance authorized by sub-
section (a) shall be subject to the condition that the City of Bur-
lington— 
(A) pay to the United States the sum of $1,500,000; and 
(B) permit the Navy to continue to occupy, without consider-
ation, the property referred to in such subsection until a 
replacement facility has been acquired by the Secretary. 
(2) In the event that the conveyance authorized by subsection (a) is 
not made before January 1, 1992, because the City is unable to pay 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1801 
the consideration required by paragraph (1)(A), the authority to 
convey is terminated. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2838. LAND TRANSFER, ARLINGTON, VIRGINIA 
The property consisting of approximately 14.05 acres of real prop-
erty, and improvements thereon, known as Barracks "K", located in 
Arlington, Virginia, shall be deemed excess property, and the 
Administrator of General Services may transfer the property to the 
Secretary of the Navy without consideration. 
SEC. 2839. LAND CONVEYANCE, FORT A.P. HILL MILITARY RESERVATION, 
VIRGINIA 
(a) CONVEYANCE AUTHORIZED.—Subject to subsections (b) through 
(e), the Secretary of the Army shall convey, without consideration, 
to the Commonwealth of Virginia all right, title, and interest of the 
United States in and to a parcel of land located at Fort A.P. Hill, 
Virginia, consisting of approximately 150 acres. 
(b) USE OF PROPERTY; REVERSION.—(1) The land conveyed pursuant 
to this section shall be conveyed subject to the conditions that— 
(A) the construction of a regional correctional facility on the 
land be completed not later than five years after the date of the 
enactment of this section; 
(B) the land be used only for the purpose of operating a 
regional correctional facility which shall be subject to the condi-
tions and limitations on its use as provided in title 53.1 of the 
Code of Virginia; and 
(C) the Commonwealth of Virginia offer to Arlington County, 
Fairfax County, the City of Alexandria, Loudoun County, Fau-
quier County, Prince William County, Stafford County, and 
Caroline County, Virginia, and any other Virginia county that 
the Commonwealth of Virginia may choose, the opportunity to 
participate in the governmental entity created under the law of 
the Commonwealth of Virginia to construct and operate the 
regional correctional facility. 
(2) If-
(A) a regional correctional facility is not constructed on the 
land conveyed pursuant to this section in accordance with 
paragraph (1)(A); 
(B) such land is used for any purpose other than the purpose 
specified in paragraph (1)(B); or 
(C) the counties referred to in paragraph (1)(C) are not offered 
the opportunity to participate in the entity referred to in such 
paragraph (as determined by the Secretary), 
all right, title, and interest in and to such land (together with the 
improvements thereon) shall revert to the United States and the 
United States shall have the right of immediate entry thereon. 
(c) DESCRIPTION OF PROPERTY.—(1) The tract of land conveyed Prisons, 
pursuant to this section shall be a tract of land that— 
39-194 O - 91 - 15 : QL 3 Part 3 
104 STAT. 1802 
PUBLIC LAW 101-510—NOV. 5, 1990 
(A) has soil and topographical conditions suitable for the 
construction of a low- to mid-rise institutional correctional facil-
ity, including recreation, parking, and other necessary support 
facilities; and 
(B) is situated within reasonably close proximity to an exist-
ing sewer system. 
(2) The cost of any new or expanded sewer system or utility shall 
not be the responsibility of the Department of Defense or Caroline 
County, Virginia. 
(3) The exact acreage and legal description of the land to be 
conveyed pursuant to this section shall be determined by a survey 
satisfactory to the Secretary. 
(d) PROHIBITION ON HOUSING CERTAIN PRISONERS.—The regional 
correctional facility constructed pursuant to this section may not be 
used to house Federal prisoners or prisoners convicted and sen-
tenced in the courts of any jurisdiction other than the Common-
wealth of Virginia (including all jurisdictions therein) without the 
written consent of the government of the county in which such 
facility is located. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance pursuant to this section as the Secretary determines 
appropriate to protect the interests of the United States. 
SEC. 2840. EASEMENT CONVEYANCE, FORT LAWTON, SEATTLE, WASHING-
TON 
(a) IN GENERAL.—Subject to subsections (b) through (e), the Sec-
retary of the Navy may convey to the City of Seattle, Washington, 
certain easement interests of the United States in approximately 
1.42 acres of real property comprising a portion of the Department 
of the Navy Fort Lawton family housing area, Seattle, Washington. 
(b) CONSIDERATION.—(1) In consideration for the conveyance au-
thorized in subsection (a), the City shall provide new waterline 
hookups at such Navy family housing area. 
(2) If the fair market value of the easement interests to be 
conveyed under subsection (a) exceeds the fair market value of the 
consideration received under paragraph (1), as determined by the 
Secretary, the City shall pay the amount of the difference to the 
United States. Any such payment shall be deposited into the special 
account established pursuant to section 204(h) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C 485(h)). 
(c) HOUSING UNITS.—(1) The City may be permitted to occupy, 
without consideration other than payment for utilities and services, 
the ten units of military family housing that will be impacted by the 
waterline hookups referred to in subsection (b)(1) until such time as 
is mutually agreed upon by the City and the Secretary. 
(2) The City shall provide to the Secretary, without payment of 
consideration, ten replacement housing units comparable to the ten 
housing units referred to in paragraph (1) at a site within the Puget 
Sound area to be determined by the Secretary. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1803 
conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
PART D—DEPARTMENT OF DEFENSE ENERGY SAVINGS 
SEC, 2851. DEPARTMENT OF DEFENSE ENERGY SAVINGS PROGRAM 
(a) IN GENERAL.—Subchapter III of chapter 169 of title 10, United 
States Code, is amended by adding at the end the following: 
"§ 2865. Energy savings at military installations 
"(a)(1) The Secretary of Defense shall designate an energy 
performance goal for the Department of Defense for the years 1991 
through 2000. 
"(2) To achieve the goal designated under paragraph (1), the 
Secretary shall develop a comprehensive plan to identify and accom-
plish energy conservation measures to achieve maximum cost-effec-
tive energy savings. 
"(3) For the purpose of implementing any energy performance 
plan, the Secretary shall provide that the selection of energy con-
servation measures under such plan shall be limited to those with a 
positive net present value over a period of 10 years or less. 
"(b)(1) The Secretary shall provide that two-thirds of the portion of 
the funds appropriated to the Department of Defense for a fiscal 
year that is equal to the amount of energy cost savings realized by 
the Department, including financial benefits resulting from shared 
energy savings contracts and financial incentives described in para-
graph (3)(B), for any fiscal year beginning after fiscal year 1990 shall 
remain available for obligation under paragraph (2) through the end 
of the fiscal year following the fiscal year for which the funds were 
appropriated, without additional authorization or appropriation. 
"(2) The amount that remains available for obligation under 
paragraph (1) shall be utilized as follows: 
"(A) One-half of the amount shall be used for the implementa-
tion of additional energy conservation measures at such build-
ings, facilities, or installations of the Department of Defense as 
the head of the department, agency, or instrumentality that 
realized the savings may designate in accordance with regula-
tions prescribed by the Secretary of Defense. 
"(B) One-half of the amount shall be used at the installation 
at which the savings were realized, as determined by the 
commanding officer of such installation consistent with ap-
plicable law and regulations, for— 
"(i) improvements to existing military family housing 
units; 
"(ii) any unspecified minor construction project that will 
enhance the quality of life of personnel; or 
"(iii) any morale, welfare, or recreation facility or service. 
"(3) The Secretary— 
"(A) shall permit and encourage each military department. 
Defense Agency, and other instrumentality of the Department 
of Defense to participate in programs conducted by any gas or 
electric utility for the management of electricity demand or for 
energy conservation; and 
"(B) may authorize any military installation to accept any 
financial incentive, generally available from any such utility, to 
contracts. 
104 STAT. 1804 
PUBLIC LAW 101-510—NOV. 5,1990 
adopt technologies and practices that the Secretary determines 
are cost-effective for the Federal Government. 
G<f^ernment 
"(cXD The Secretary of Defense shall develop a simplified method 
of contracting for shared energy savings contract services that will 
accelerate the use of these contracts with respect to military 
installations and will reduce the administrative effort and cost on 
the part of the Department as well as the private sector. 
"(2)(A) In carrying out paragraph (1), the Secretary of Defense 
may— 
"(i) request statements of qualifications (as prescribed by the 
Secretary of Defense), including financial and performance 
information, from firms engaged in providing shared energy 
savings contracting; 
"(ii) designate from the statements received, with an update 
at least annually, those firms that are presumptively qualified 
to provide shared energy savings services; 
"(iii) select at least three firms from the qualifying list to 
conduct discussions concerning a particular proposed project, 
including requesting a technical and price proposal from such 
selected firms for such project; and 
"(iv) select from such firms the most qualified firm to provide 
shared energy savings services pursuant to a contractual 
arrangement that the Secretary determines is fair and reason-
able, taking into account the estimated value of the services to 
be rendered and the scope and nature of the project. 
"(B) In carrjdng out paragraph (1), the Secretary may also provide 
for the direct negotiation, by departments, agencies, and instrumen-
talities of the Department of Defense, of contracts with shared 
energy savings contractors that have been selected competitively 
and approved by any gas or electric utility serving the department, 
agency, or instrumentality concerned. 
Reports- 
"(d) Beginning with fiscal year 1991 and by no later than Decem-
ber 31, 1991, and of each year thereafter, the Secretary of Defense 
shall transmit an annual report to the Congress containing a 
description of the actions taken to carry out this section, and the 
savings realized from such actions, during the fiscal year ending in 
the year in which the report is made.". 
(b) CLERICAL AMENDMENT.—The table of contents for such sub-
chapter is amended by adding at the end the following: 
"2865. Energy savings at military installations.". 
SEC. 2852. TECHNICAL AMENDMENTS 
(a) Section 2394a(c) of title 10, United States Code, is amended by 
striking out paragraphs (2) and (3) and inserting in lieu thereof the 
following: 
"(2) A determination under paragraph (1) concerning whether a 
cost-differential can be recovered over the expected life of a system 
shall be made using the life-cycle cost methods and procedures 
established pursuant to section 544(a) of the National Energy Con-
servation Policy Act.". 
(b) Section 2857(c) of title 10, United States Code, is amended by 
striking out paragraphs (2) and (3) and inserting in lieu thereof the 
following: 
"(2) A determination under paragraph (1) concerning whether a 
cost-differential can be recovered over the expected life of a facility 
shall be made using the life-cycle cost methods and procedures 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1805 
established pursuant to section 544(a) of the National Energy Con-
servation Policy Act.". 
PART E—MISCELLANEOUS PROVISIONS 
SEC. 2861. RELOCATION OF THE FLORIDA SOLAR ENERGY CENTER 
(a) IN GENERAL.—The Secretary of the Air Force may pay 
$2,953,000 to the State of Florida for the sole purpose of assisting 
that State to relocate the Florida Solar Energy Center from Cape 
Canaveral Air Force Station, Florida, to a new site provided by the 
State of Florida on other than federally owned land. The payment of 
such sum shall include all Federal Government contributions to the 
relocation project, including relocation costs. 
O
b
) CONSIDERATION.—In consideration for payment of the amount 
provided for in (a), the State of Florida shall— 
(1) release to the United States all leases, easements, and 
other land interests connected with the Florida Solar Energy 
Center on Cape Canaveral Air Force Station; 
(2) convey to the United States title to all buildings, fixtures, 
and other improvements located on such lands; 
(3) waive any claims against the United States arising out of 
the operation of the Florida Solar Energy Center from its 
inception until the final departure of all personnel and personal 
property connected with the Center from Cape Canaveral Air 
Force Station; 
(4) accept sole responsibility for the disposal, removal, or 
remediation of all solid or hazardous wastes on the property and 
release the United States from any obligation with respect to 
such wastes without regard to who may have been responsible 
for placing the solid or hazardous waste on the property; and 
(5) indemnify the United States against all claims, losses, 
damages, and costs arising out of or connected with any solid or 
hazardous wastes on the premises, to the extent permitted by 
the laws of the State of Florida. 
(c) AGREEMENT.—No payment may be made to the State of Florida 
under this section until the Secretary and the State of Florida have 
entered into an agreement embodying the terms of this section, 
including a waiver by the State of all claims for the payment of any 
amount for relocation costs in addition to the amount specified in 
subsection (a). 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions with respect to the 
payment by the Secretary pursuant to subsection (a) as the Sec-
retary considers appropriate to protect the interests of the United 
States. 
SEC. 2862. MODIFICATION OF HEIGHT RESTRICTION IN AVIGATION EASE-
MENT 
(a) IN GENERAL.—The Act of July 2, 1948 (62 Stat. 1229), is 
amended by adding at the end the following new section: 
"SEC. 6. The height restriction in subsection d. of the first section 
of this Act shall not apply with respect to any public utility struc-
ture that does not exceed 160 feet above mean low-water level.". 
(b) FILING.—The Secretary of the Air Force shall execute and file 
in the appropriate office any instrument necessary to effect the 
modification of the avigation easement referred to in the amend-
ment made in subsection (a). 
104 STAT. 1806 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 2863. HENDERSON HALL, ARLINGTON, VIRGINIA 
Section 2843(aXl) of the Military Construction Authorization Act 
103 Stat. 1663. 
for 
Fiscal Years 1990 and 1991 (division B of Public Law 101-189) is 
amended by striking out "62,000 square feet" and inserting in lieu 
thereof "77,000 square feet". 
SEC. 2864. ADDITIONAL AUTHORITY FOR LEASE-PURCHASE 
Section 2812(a)(2) of title 10, United States Code, is amended by 
adding at the end the following: 
"(I) Classroom and laboratories." 
SEC. 2865. SALE OF AGGREGATE, NAVAL AIR STATION, MIRAMAR, 
CALIFORNIA 
(a) AUTHORITY,—(1) Subject to subsections (b) through (d), the 
Secretary of the Navy may extract, sell, and remove aggregate from 
the real property comprising the Naval Air Station, Miramar, 
California. 
(2) Such extraction, sale, and removal shall be by competitive 
procedures except for that portion of the station where the City of 
San Diego operates a sanitary landfill. Within such area, the City 
may extract, sell, or remove the aggregate. 
(b) CONSIDERATION.—In consideration for the rights authorized to 
the City of San Diego by subsection (a), the City shall pay to the 
United States fair market value, as determined by the Secretary, for 
any aggregate it extracts, sells, or removes. 
(c) USE OF FUNDS.—The Secretary shall deposit proceeds received 
from the sale of property authorized by this section in the special 
account established pursuant to section 204(h) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 485(h)). 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions under this section as the 
Secretary considers appropriate to protect the interest of the United 
States. 
SEC. 2866. STUDY TO EVALUATE JOINT MILITARY-CIVILIAN USE OF MILI-
TARY AIRFIELDS 
(a) IN GENERAL.—The Secretary of Defense and the Secretary of 
Transportation shall conduct a joint study to evaluate the desirabil-
ity and feasibility of converting airfields under the jurisdiction of 
each military department— 
(1) to civilian use; or 
(2) in the case of any such airfield which will continue to be 
used by the military department, to joint civilian and military 
use. 
(b) SPECIFIC MATTERS TO BE CONSIDERED.—In conducting the study 
referred to in subsection (a), the Secretary of Defense and the 
Secretary of Transportation shall— 
(1) prepare an inventory of airfields under the control of each 
military department; 
(2) evaluate the present and future need of airfields for 
civilian use and for military use; 
(3) evaluate the extent to which civilian or joint civilian-
military use of such airfields would meet national aviation 
policy objectives; 
(4) identify obstacles to and incentives for encouraging ci-
vilian or joint civilian-military use of such airfields; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1807 
(5) identify and assess means of reducing the cost to the 
Department of Defense of civilian or joint civilian-military use 
of such airfields, including— 
(A) cost sharing agreements with civilian users of such 
airfields; 
(B) use of funds from the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue 
Code of 1986; 
(C) the imposition of civilian aviation user fees; 
(D) civil aviation user lease agreements; and 
(6) assess the advisability of a joint-use agreement between 
the military department that controls the airfield and a 
commercial fixed-base operator. 
(c) REPORT.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense and the Secretary of 
Transportation shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives and the Committee 
on Public Works and Transportation of the House and the Commit-
tee on Commerce, Science, and Transportation of the Senate a joint 
report on the results of the study referred to in subsection (a) 
together with such comments and recommendations for legislation 
as the Secretaries consider appropriate. 
(d) FUNDING FOR STUDY.—The study referred to in this section 
shall be funded jointly by the Department of Defense and the 
Department of Transportation. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated such funds as may be necessary to carry out the 
purposes of this section. 
SEC. 2867. NEGOTIATIONS FOR JOINT CIVILIAN AND MILITARY USE OF 
THE AIRFIELD AT WHEELER AIR FORCE BASE, HAWAII 
(a) IN GENERAL.—The Secretary of Defense shall enter into nego-
tiations with the State of Hawaii with a view to entering into an 
agreement with the State of Hawaii under which the airfield facili-
ties at Wheeler Air Force Base, Hawaii, would be jointly used for 
general civilian aviation purposes and military purposes. 
(b) AGREEMENT AUTHORITY.—In the event that the negotiations 
referred to in subsection (a) are successful, the Secretary may enter 
into an agreement with the State of Hawaii providing for the joint 
civilian and military use of the airfield. Any such agreement shall 
provide for an equitable allocation between the State and the 
Department of Defense of the costs of maintaining and operating the 
airfield. 
SEC. 2868. EXTENSION OF TERMINATION DATE FOR LAND CONVEYANCE 
AT EGLIN AIR FORCE BASE, FLORIDA 
Section 808(d) of the Military Construction Act, 1983 (Public Law 
97-321; 98 Stat. 1575) is amended by striking out "1990" and insert-
ing in lieu thereof "1993". 
104 STAT. 1808 
PUBLIC LAW 101-510—NOV. 5, 1990 
Defense Base 
Closure and 
Realignment Act 
of 1990. 
10 u s e 2687 
note. 
10 u s e 2687 
note. 
President. 
TITLE XXIX—DEFENSE BASE CLOSURES AND 
REALIGNMENTS 
PART A—DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION 
SEC. 290L SHORT TITLE AND PURPOSE 
(a) SHORT TITLE.—This part may be cited as the "Defense Base 
Closure and Realignment Act of 1990". 
O
b
) PURPOSE.—The purpose of this part is to provide a fair process 
that will result in the timely closure and realignment of military 
installations inside the United States. 
SEC. 2902. THE COMMISSION 
(a) ESTABLISHMENT.—There is established an independent commis-
sion to be known as the "Defense Base Closure and Realignment 
Commission". 
(b) DUTIES.—The Commission shall carry out the duties specified 
for it in this part. 
(c) APPOINTMENT.—(1)(A) The Commission shall be composed of 
eight members appointed by the President, by and with the advise 
and consent of the Senate. 
(B) The President shall transmit to the Senate the nominations for 
appointment to the Commission— 
(i) by no later than January 3, 1991, in the case of members of 
the Commission whose terms will expire at the end of the first 
session of the 102nd Congress; 
(ii) by no later than January 25, 1993, in the case of members 
of the Commission whose terms will expire at the end of the 
first session of the 103rd Congress; and 
(iii) by no later than January 3, 1995, in the case of members 
of the Commission whose terms will expire at the end of the 
first session of the 104th Congress. 
(2) In selecting individuals for nominations for appointments to 
the Commission, the President should consult with— 
(A) the Speaker of the House of Representatives concerning 
the appointment of two members; 
(B) the majority leader of the Senate concerning the appoint-
ment of two members; 
(C) the minority leader of the House of Representatives 
concerning the appointment of one member; and 
(D) the minority leader of the Senate concerning the appoint-
ment of one member. 
(3) At the time the President nominates individuals for appoint-
ment to the Commission for each session of Congress referred to in 
paragraph (1)(B), the President shall designate one such individual 
who shall serve as Chairman of the Commission. 
(d) TERMS.—(1) Except as provided in paragraph (2), each member 
of the Commission shall serve until the adjournment of Congress 
sine die for the session during which the member was appointed to 
the Commission. 
(2) The Chairman of the Commission shall serve until the con-
firmation of a successor. 
(e) MEETINGS.—(1) The Commission shall meet only during cal-
endar years 1991, 1993, and 1995. 
(2)(A) Each meeting of the Commission, other than meetings in 
which classified information is to be discussed, shall be open to the 
public. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1809 
(B) All the proceedings, information, and deliberations of the 
Commission shall be open, upon request, to the following: 
(i) The Chairman and the ranking minority party member of 
the Subcommittee on Readiness, Sustainability, and Support of 
the Committee on Armed Services of the Senate, or such other 
members of the Subcommittee designated by such Chairman or 
ranking minority party member. 
(ii) The Chairman and the ranking minority party member of 
the Subcommittee on Military Installations and Facilities of the 
Committee on Armed Services of the House of Representatives, 
or such other members of the Subcommittee designated by such 
Chairman or ranking minority party member. 
(iii) The Chairmen and ranking minority party members of 
the Subcommittees on Military Construction of the Committees 
on Appropriations of the Senate and of the House of Represent-
atives, or such other members of the Subcommittees designated 
by such Chairmen or ranking minority party members. 
(f) VACANCIES.—A vacancy in the Commission shall be filled in the 
same manner as the original appointment, but the individual ap-
pointed to fill the vacancy shall serve only for the unexpired portion 
of the term for which the individual's predecessor was appointed. 
(g) PAY AND TRAVEL EXPENSES.—(1)(A) Each member, other than 
the Chairman, shall be paid at a rate equal to the daily equivalent of 
the minimum annual rate of basic pay payable for level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, 
for each day (including travel time) during which the member is 
engaged in the actual performance of duties vested in the Commis-
sion. 
(B) The Chairman shall be paid for each day referred to in 
subparagraph (A) at a rate equal to the daily equivalent of the 
minimum annual rate of basic pay payable for level III of the 
Executive Schedule under section 5314 of title 5, United States Code. 
(2) Members shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with sections 5702 and 5703 of title 
5, United States Code. 
(h) DIRECTOR OF STAFF.—(1) The Commission shall, without regard 
to section 5311(b) of title 5, United States Code, appoint a Director 
who has not served on active duty in the Armed Forces or as a 
civilian employee of the Department of Defense during the one-year 
period preceding the date of such appointment. 
(2) The Director shall be paid at the rate of basic pay payable for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code. 
(i) STAFF.—(1) Subject to paragraphs (2) and (3), the Director, with 
the approval of the Commission, may appoint and fix the pay of 
additional personnel. 
(2) The Director may make such appointments without regard to 
the provisions of title 5, United States Code, governing appoint-
ments in the competitive service, and any personnel so appointed 
may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to classification 
and General Schedule pay rates, except that an individual so ap-
pointed may not receive pay in excess of the annual rate of basic pay 
payable for GS-18 of the General Schedule. 
(3) Not more than one-third of the personnel employed by or 
detailed to the Commission may be on detail from the Department 
of Defense. 
104 STAT. 1810 
PUBLIC LAW 101-510—NOV. 5, 1990 
(4) Upon request of the Director, the head of any Federal depart-
ment or agency may detail any of the personnel of that department 
or agency to the Commission to assist the Commission in carrying 
out its duties under this part. 
(5) The Comptroller General of the United States shall provide 
assistance, including the detailing of employees, to the Commission 
in accordance with an agreement entered into with the Commission. 
(j) OTHER AUTHORITY.—(1) The Commission may procure by con-
tract, to the extent funds are available, the temporary or intermit-
tent services of experts or consultants pursuant to section 3109 of 
title 5, United States Code. 
(2) The Commission may lease space and acquire personal prop-
erty to the extent funds are available. 
(k) FUNDING.—(1) There are authorized to be appropriated to the 
Commission such funds as are necessary to carry out its duties 
under this part. Such funds shall remain available until expended. 
(2) If no funds are appropriated to the Commission by the end of 
the second session of the 101st Congress, the Secretary of Defense 
may transfer, for fiscal year 1991, to the Commission funds from the 
Department of Defense Base Closure Account established by section 
207 of Public Law 100-526. Such funds shall remain available until 
expended. 
(1) TERMINATION.—The Commission shall terminate on December 
31,1995. 
10 use 2687 
SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE 
note. 
CLOSURES AND REALIGNMENTS 
(a) FORCE-STRUCTURE PLAN.—(1) As part of the budget justification 
documents submitted to Congress in support of the budget for the 
Department of Defense for each of the fiscal years 1992, 1994, and 
1996, the Secretary shall include a force-structure plan for the 
Armed Forces based on an assessment by the Secretary of the 
probable threats to the national security during the six-year period 
beginning with the fiscal year for which the budget request is made 
and of the anticipated levels of funding that will be available for 
national defense purposes during such period. 
(2) Such plan shall include, without any reference (directly or 
indirectly) to military installations inside the United States that 
may be closed or realigned under such plan— 
(A) a description of the assessment referred to in paragraph 
(1); 
(B) a description (i) of the anticipated force structure during 
and at the end of each such period for each military department 
(with specifications of the number and type of units in the 
active and reserve forces of each such department), and (ii) of 
the units that will need to be forward based (with a justification 
thereof) during and at the end of each such period; and 
(C) a description of the anticipated implementation of such 
force-structure plan. 
(3) The Secretary shall also transmit a copy of each such force-
structure plan to the Commission. 
Federal 
(b) SELECTION CRITERIA.—(1) The Secretary shall, by no later than 
^bl^^^T' 
December 31, 1990, publish in the Federal Register and transmit to 
pu ica ion. 
^j^g congressional defense committees the criteria proposed to be 
used by the Department of Defense in making recommendations for 
the closure or realignment of military installations inside the 
United States under this part. The Secretary shall provide an 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1811 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
opportunity for public comment on the proposed criteria for a period 
of at least 30 days and shall include notice of that opportunity in the 
publication required under the preceding sentence. 
(2)(A) The Secretary shall, by no later than February 15, 1991, 
publish in the Federal Register and transmit to the congressional 
defense committees the final criteria to be used in making rec-
ommendations for the closure or realignment of military installa-
tions inside the United States under this part. Except as provided in 
subparagraph (B), such criteria shall be the final criteria to be used, 
along with the force-structure plan referred to in subsection (a), in 
making such recommendations unless disapproved by a joint resolu-
tion of Congress enacted on or before March 15,1991. 
(B) The Secretary may amend such criteria, but such amendments 
may not become effective until they have been published in the 
Federal Register, opened to public comment for at least 30 days, and 
then transmitted to the congressional defense committees in final 
form by no later than February 15 of the year concerned. Such 
amended criteria shall be the final criteria to be used, along with 
the force-structure plan referred to in subsection (a), in making such 
recommendations unless disapproved by a joint resolution of Con-
gress enacted on or before March 15 of the year concerned. 
(c) DOD RECOMMENDATIONS.—(1) The Secretary may, by no later 
than April 15, 1991, April 15, 1993, and April 15,1995, publish in the 
Federal Register and transmit to the congressional defense commit-
tees and to the Commission a list of the military installations inside 
the United States that the Secretary recommends for closure or 
realignment on the basis of the force-structure plan and the final 
criteria referred to in subsection 03)(2) that are applicable to the 
year concerned. 
(2) The Secretary shall include, with the list of recommendations 
published and transmitted pursuant to paragraph (1), a summary of 
the selection process that resulted in the recommendation for each 
installation, including a justification for each recommendation. 
(3) In considering military installations for closure or realign-
ment, the Secretary shall consider all military installations inside 
the United States equally without regard to whether the installation 
has been previously considered or proposed for closure or realign-
ment by the Department. 
(4) The Secretary shall make available to the Commission and the 
Comptroller General of the United States all information used by 
the Department in making its recommendations to the Commission 
for closures and realignments. 
(d) REVIEW AND RECOMMENDATIONS BY THE COMMISSION.—(1) After 
receiving the recommendations from the Secretary pursuant to 
subsection (c) for any year, the Commission shall conduct public 
hearings on the recommendations. 
(2)(A) The Commission shall, by no later than July 1 of each year Reports 
in which the Secretary transmits recommendations to it pursuant to 
subsection (c), transmit to the President a report containing the 
Commission's findings and conclusions based on a review and analy-
sis of the recommendations made by the Secretary, together with 
the Commission's recommendations for closures and realignments of 
military installations inside the United States. 
(B) In making its recommendations, the Commission may make 
changes in any of the recommendations made by the Secretary if the 
Commission determines that the Secretary deviated substantially 
104 STAT. 1812 
PUBLIC LAW 101-510—NOV. 5, 1990 
Reports. 
Reports. 
10 u s e 2687 
note. 
from the force-structure plan and final criteria referred to in subsec-
tion (cXD in making recommendations. 
(3) The Commission shall explain and justify in its report submit-
ted to the President pursuant to paragraph (2) any recommendation 
made by the Commission that is different from the recommenda-
tions made by the Secretary pursuant to subsection (c). The Commis-
sion shall transmit a copy of such report to the congressional 
defense committees on the same date on which it transmits its 
recommendations to the President under parsigraph (2). 
(4) After July 1 of each year in which the Commission transmits 
recommendations to the President under this subsection, the 
Commission shall promptly provide, upon request, to any Member of 
Congress information used by the Commission in making its rec-
ommendations. 
(5) The Comptroller General of the United States shall— 
(A) assist the Commission, to the extent requested, in the 
Commission's review and analysis of the recommendations 
made by the Secretary pursuant to subsection (c); and 
(B) by no later than May 15 of each year in which the 
Secretary makes such recommendations, transmit to the Con-
gress and to the Commission a report containing a detailed 
analysis of the Secretary's recommendations and selection 
process. 
(e) REVIEW BY THE PRESIDENT.—(1) The President shall, by no later 
than July 15 of each year in which the Commission makes rec-
ommendations under subsection (d), transmit to the Commission and 
to the Congress a report containing the President's approval or 
disapproval of the Commission's recommendations. 
(2) If the President approves all the recommendations of the 
Commission, the President shall transmit a copy of such rec-
ommendations to the Congress, together with a certification of such 
approval. 
(3) If the President disapproves the recommendations of the 
Commission, in whole or in part, the President shall transmit to the 
Commission and the Congress the reasons for that disapproval. The 
Commission shall then transmit to the President, by no later than 
August 15 of the year concerned, a revised list of recommendations 
for the closure and realignment of military installations. 
(4) If the President approves all of the revised recommendations of 
the Commission transmitted to the President under paragraph (3), 
the President shall transmit a copy of such revised recommenda-
tions to the Congress, together with a certification of such approval. 
(5) If the President does not transmit to the Congress an approval 
and certification described in paragraph (2) or (4) by September 1 of 
any year in which the Commission has transmitted recommenda-
tions to the President under this part, the process by which military 
installations may be selected for closure or realignment under this 
part with respect to that year shall be terminated. 
SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS 
(a) IN GENERAL.—Subject to subsection Qo), the Secretary shall— 
(1) close all military installations recommended for closure by 
the Commission in each report transmitted to the Congress by 
the President pursuant to section 2903(e); 
(2) realign all military installations recommended for realign-
ment by such Commission in each such report; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1813 
(3) initiate all such closures and realignments no later than 
two years ^ter the date on which the President transmits a 
report to the Congress pursuant to section 2903(e) containing 
the recommendations for such closures or realignments; and 
(4) complete all such closures and realignments no later than 
the end of the six-year period beginning on the date on which 
the President transmits the report pursuant to section 2903(e) 
containing 
the 
recommendations 
for 
such 
closures 
or 
realignments. 
(b) CONGRESSIONAL DISAPPROVAL.—(1) The 
Secretary may 
not 
carry out any closure or realignment recommended by the Commis-
sion in a report transmitted from the President pursuant to section 
2903(e) if a joint resolution is enacted, in accordance with the 
provisions of section 2908, disapproving such recommendations of 
the Commission before the earlier of— 
(A) the end of the 45-day period beginning on the date on 
which the President transmits such report; or 
(B) the adjournment of Congress sine die for the session 
during which such report is transmitted. 
(2) For purposes of paragraph (1) of this subsection and subsections 
(a) £ind (c) of section 2908, the days on which either House of 
Congress is not in session because of an adjournment of more than 
three days to a day certain shall be excluded in the computation of a 
period, 
SEC. 2905. IMPLEMENTATION 
(a) IN GENERAL.—(1) In closing or realigning any military installa-
tion under this part, the Secretary may— 
(A) take such actions as may be necessary to close or realign 
any military installation, including the acquisition of such land, 
the construction of such replacement facilities, the performance 
of such activities, and the conduct of such advance planning and 
design as may be required to transfer functions from a military 
installation being closed or realigned to another military 
installation, and may use for such purpose funds in the Account 
or funds appropriated to the Department of Defense for use in 
planning and design, minor construction, or operation and 
maintenance; 
(B) provide— 
(i) economic adjustment assistance to any community 
located near a military installation being closed or re-
aligned, and 
(ii) community planning assistance to any community 
located near a military installation to which functions will 
be transferred as a result of the closure or realignment of a 
military installation, 
if the Secretary of Defense determines that the financial re-
sources available to the community (by grant or otherwise) for 
such purposes are inadequate, and may use for such purposes 
funds in the Account or funds appropriated to the Department 
of Defense for economic adjustment assistance or community 
planning assistance; 
(C) carry out activities for the purposes of environmental 
restoration and mitigation at any such installation, and may 
use for such purposes funds in the Account or funds appro-
priated to the Department of Defense for environmental res-
toration and mitigation; 
10 u s e 2687 
note. 
Community 
action programs. 
Environmental 
protection. 
104 STAT. 1814 
PUBLIC LAW 101-510—NOV. 5, 1990 
(D) provide outplacement assistance to civilian employees 
employed by the Department of Defense at military installa-
tions being closed or realigned, and may use for such purpose 
funds in the Account or funds appropriated to the Department 
of Defense for outplacement assistance to employees; and 
(E) reimburse other Federal agencies for actions performed at 
the request of the Secretary with respect to any such closure or 
realignment, and may use for such purpose funds in the Ac-
count or funds appropriated to the Department of Defense and 
available for such purpose. 
Environmental 
(2) In carrying out any closure or realignment under this part, the 
protection. 
Secretary shall ensure that environmental restoration of any prop-
erty made excess to the needs of the Department of Defense as a 
result of such closure or realignment be carried out as soon as 
possible with funds available for such purpose. 
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—(1) The Adminis-
trator of General Services shall delegate to the Secretary of Defense, 
with respect to excess and surplus real property and facilities 
located at a military installation closed or realigned under this 
part— 
(A) the authority of the Administrator to utilize excess prop-
erty under section 202 of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 483); 
(B) the authority of the Administrator to dispose of surplus 
property under section 203 of that Act (40 U.S.C. 484); 
(C) the authority of the Administrator to grant approvals and 
make determinations under section 13(g) of the Surplus Prop-
erty Act of 1944 (50 U.S.C. App. 1622(g)); and 
(D) the authority of the Administrator to determine the avail-
ability of excess or surplus real property for wildlife conserva-
tion purposes in accordance with the Act of May 19, 1948 (16 
U.S.C. 667b). 
(2)(A) Subject to subparagraph (C), the Secretary of Defense shall 
exercise the authority delegated to the Secretary pursuant to para-
graph (1) in accordance with— 
(i) all regulations in effect on the date of the enactment of this 
Act governing the utilization of excess property and the disposal 
of surplus property under the Federal Property and Administra-
tive Services Act of 1949; and 
(ii) all regulations in effect on the date of the enactment of 
this Act governing the conveyance and disposal of property 
under section 13(g) of the Surplus Property Act of 1944 (50 
U.S.C. App. 1622(g)). 
(B) The Secretary, after consulting with the Administrator of 
General Services, may issue regulations that are necessary to carry 
out the delegation of authority required by paragraph (1). 
(C) The authority required to be delegated by paragraph (1) to the 
Secretary by the Administrator of General Services shall not in-
clude the authority to prescribe general policies and methods for 
utilizing excess property and disposing of surplus property. 
(D) The Secretary of Defense may transfer real property or facili-
ties located at a military installation to be closed or realigned under 
this part, with or without reimbursement, to a military department 
or other entity (including a nonappropriated fund instrumentality) 
within the Department of Defense or the Coast Guard. 
(E) Before any action may be taken with respect to the disposal of 
any surplus real property or facility located at any military installa-
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1815 
tion to be closed or realigned under this part, the Secretary of 
Defense shall consult with the Governor of the State and the heads 
of the local governments concerned for the purpose of considering 
any plan for the use of such property by the local community 
concerned. 
(c) APPLICABILITY OF NATIONAL ENVIRONMENTAL POUCY ACT OF 
1969.—(1) The provisions of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the 
President, the Commission, and, except as provided in paragraph (2), 
the Department of Defense in carrying out this part. 
(2)(A) The provisions of the National Environmental Policy Act of 
1969 shall apply to actions of the Department of Defense under this 
part (i) during the process of property disposal, and (ii) during the 
process of relocating functions from a military installation being 
closed or realigned to another military installation after the receiv-
ing installation has been selected but before the functions are 
relocated. 
(B) In applying the provisions of the National Environmental 
Policy Act of 1969 to the processes referred to in subparagraph (A), 
the Secretary of Defense and the Secretary of the military depart-
ments concerned shall not have to consider— 
(i) the need for closing or realigning the military installation 
which has been recommended for closure or realignment by the 
Commission; 
(ii) the need for transferring functions to any military 
installation which has been selected as the receiving installa-
tion; or 
(iii) military installations alternative to those recommended 
or selected. 
(3) A civil action for judicial review, with respect to any require-
ment of the National Environmental Policy Act of 1969 to the extent 
such Act is applicable under paragraph (2), of any act or failure to 
act by the Department of Defense during the closing, realigning, or 
relocating of functions referred to in clauses (i) and (ii) of paragraph 
(2)(A), may not be brought more than 60 days after the date of such 
act or failure to act. 
(d) WAIVER.—The Secretary of Defense may close or realign mili-
tary installations under this part without regard to— 
(1) any provision of law restricting the use of funds for closing 
or realigning military installations included in any appropria-
tions or authorization Act; and 
(2) sections 2662 and 2687 of title 10, United States Code. 
SEC. 2906. ACCOUNT 
10 USC 2687 
(a) IN GENERAL.—(1) There is hereby established on the books of 
the Treasury an account to be known as the "Department of Defense 
Base Closure Account 1990" which shall be administered by the 
Secretary as a single account. 
(2) There shall be deposited into the Account— 
(A) funds authorized for and appropriated to the Account; 
(B) any funds that the Secretary may, subject to approval in 
an appropriation Act, transfer to the Account from funds appro-
priated to the Department of Defense for any purpose, except 
that such funds may be transferred only after the date on which 
the Secretary transmits written notice of, and justification for, 
such transfer to the congressional defense committees; and 
104 STAT. 1816 
PUBLIC LAW 101-510—NOV. 5, 1990 
(C) proceeds received from the transfer or disposal of any 
property at a military installation closed or realigned under this 
part. 
(b) USE OF FUNDS.—(1) The Secretary may use the funds in the 
Account only for the purposes described in section 2905(a). 
(2) When a decision is made to use funds in the Account to carry 
out a construction project under section 2905(a) and the cost of the 
project will exceed the maximum amount authorized by law for a 
minor military construction project, the Secretary shall notify in 
writing the congressional defense committees of the nature of, and 
justification for, the project and the amount of expenditures for such 
project. Any such construction project may be carried out without 
regard to section 2802(a) of title 10, United States Code. 
(c) REPORTS.—(1) No later than 60 days after the end of each fiscal 
year in which the Secretary carries out activities under this part, 
the Secretary shall transmit a report to the congressional defense 
committees of the amount and nature of the deposits into, and the 
expenditures from, the Account during such fiscal year and of the 
amount and nature of other expenditures made pursuant to section 
2905(a) during such fiscal year. 
(2) Unobligated funds which remain in the Account after the 
termination of the Commission shall be held in the Account until 
transferred by law after the congressional defense committees re-
ceive the report transmitted under paragraph (3). 
(3) No later than 60 days after the termination of the Commission, 
the Secretary shall transmit to the congressional defense commit-
tees a report containing an accounting o
f
— 
(A) all the funds deposited into and expended from the Ac-
count or otherwise expended under this part; and 
(B) any amount remaining in the Account, 
10 u s e 2687 
SEC. 2907. REPORTS 
As part of the budget request for fiscal year 1993 and for each 
fiscal year thereafter for the Department of Defense, the Secre-
tary shall transmit to the congressional defense committees of 
Congress— 
(1) a schedule of the closure and realignment actions to be 
carried out under this part in the fiscal year for which the 
request is made and an estimate of the total expenditures 
required and cost savings to be achieved by each such closure 
and realignment and of the time period in which these savings 
are to be achieved in each case, together with the Secretary's 
assessment of the environmental effects of such actions; and 
(2) a description of the military installations, including those 
under construction and those planned for construction, to which 
functions are to be transferred as a result of such closures and 
realignments, together with the Secretary's assessment of the 
environmental effects of such transfers. 
10 use 2687 
SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT 
(a) TERMS OF THE RESOLUTION.—For purposes of section 2904(b), 
the term "joint resolution" means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which 
the President transmits the report to the Congress under section 
2903(e), and— 
(1) which does not have a preamble; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1817 
(2) the matter after the resolving clause of which is as follows: 
"That Congress disapproves the recommendations of the De-
fense Base Closure and Realignment Commission as submitted 
by the President on 
", the blank space being filled in with 
the appropriate date; and 
(3) the title of which is as follows: "Joint resolution disapprov-
ing the recommendations of the Defense Base Closure and 
Realignment Commission.". 
(b) REFERRAL.—A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Armed Services of the House of Representatives. A 
resolution described in subsection (a) introduced in the Senate shall 
be referred to the Committee on Armed Services of the Senate. 
(c) DISCHARGE.—If the committee to which a resolution described 
in subsection (a) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on 
the date on which the President transmits the report to the Con-
gress under section 2903(e), such committee shall be, at the end of 
such period, discharged from further consideration of such resolu-
tion, and such resolution shall be placed on the appropriate calendar 
of the House involved. 
(d) CONSIDERATION.—(1) On or after the third day after the date on 
which the committee to which such a resolution is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a resolution, it is in order (even though a 
previous motion to the same effect has been disagreed to) for any 
Member of the respective House to move to proceed to the consider-
ation of the resolution (but only on the day after the calendar day on 
which such Member announces to the House concerned the Mem-
ber's intention to do so). All points of order against the resolution 
(and against consideration of the resolution) are waived. The motion 
is highly privileged in the House of Representatives and is privi-
leged in the Senate and is not debatable. The motion is not subject to 
amendment, or to a motion to postpone, or to a motion to proceed to 
the consideration of other business. A motion to reconsider the vote 
by which the motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of the resolution is 
agreed to, the respective House shall immediately proceed to consid-
eration of the joint resolution without intervening motion, order, or 
other business, and the resolution shall remain the unfinished 
business of the respective House until disposed of. 
(2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 2 
hours, which shall be divided equally between those favoring and 
those opposing the resolution. An amendment to the resolution is 
not in order. A motion further to limit debate is in order and not 
debatable. A motion to postpone, or a motion to proceed to the 
consideration of other business, or a motion to recommit the resolu-
tion is not in order. A motion to reconsider the vote by which the 
resolution is agreed to or disagreed to is not in order. 
(3) Immediately following the conclusion of the debate on a resolu-
tion described in subsection (a) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur. 
(4) Appeals from the decisions of the Chair relating to the applica-
tion of the rules of the Senate or the House of Representatives, as 
104 STAT. 1818 
PUBLIC LAW 101-510—NOV. 5, 1990 
the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided without debate. 
(e) CONSIDERATION BY OTHER HOUSE.—(1) If, before the passage by 
one House of a resolution of that House described in subsection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply: 
(A) The resolution of the other House shall not be referred to 
a committee and may not be considered in the House receiving 
it except in the case of final passage as provided in subpara-
graph (BXii). 
(B) With respect to a resolution described in subsection (a) of 
the House receiving the resolution— 
(i) the procedure in that House shall be the same as if no 
resolution had been received from the other House; but 
(ii) the vote on final passage shall be on the resolution of 
the other House. 
(2) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House. 
(f) RULES OF THE SENATE AND HOUSE.—This section is enacted by 
Congress— 
(1) as an exercise of the rulemaking power of the Senate and 
House of Representatives, respectively, and as such it is deemed 
a part of the rules of each House, respectively, but applicable 
only with respect to the procedure to be followed in that House 
in the case of a resolution described in subsection (a), and it 
supersedes other rules only to the extent that it is inconsistent 
with such rules; and 
(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
that House) at any time, in the same manner, and to the same 
extent as in the case of any other rule of that House. 
10 u s e 2687 
SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY 
(a) IN GENERAL.—Except as provided in subsection (c), during the 
period beginning on the date of the enactment of this Act and 
ending on December 31, 1995, this part shall be the exclusive 
authority for selecting for closure or realignment, or for carrying 
out any closure or realignment of, a military installation inside the 
United States. 
(b) RESTRICTION.—Except as provided in subsection (c), none of the 
funds available to the Department of Defense may be used, other 
than under this part, during the period specified in subsection (a)— 
(1) to identify, through any transmittal to the Congress or 
through any other public announcement or notification, any 
military installation inside the United States as an installation 
to be closed or realigned or as an installation under consider-
ation for closure or realignment; or 
(2) to carry out any closure or realignment of a military 
installation inside the United States. 
(c) EXCEPTION.—Nothing in this part affects the authority of the 
Secretary to carry out— 
(1) closures and realignments under title II of Public Law 100-
526; and 
(2) closures and realignments to which section 2687 of title 10, 
United States Code, is not applicable, including closures and 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1819 
realignments carried out for reasons of national security or a 
military emergency referred to in subsection (c) of such section. 
SEC. 2910. DEFINITIONS 
10 USC 2687 
As used in this part: 
(1) The term "Account" means the Department of Defense 
Base Closure Account 1990 established by section 2906(a)(1). 
(2) The term "congressional defense committees" means the 
Committees on Armed Services and the Committees on Appro-
priations of the Senate and of the House of Representatives. 
(3) The term "Commission" means the Commission estab-
lished by section 2902. 
(4) The term "military installation" means a base, camp, post, 
station, yard, center, homeport facility for any ship, or other 
activity under the jurisdiction of the Department of Defense, 
including any leased facility. 
(5) The term "realignment" includes any action which both 
reduces and relocates functions and civilian personnel positions 
but does not include a reduction in force resulting from work-
load adjustments, reduced personnel or funding levels, or skill 
imbalances. 
(6) The term "Secretary" means the Secretary of Defense. 
(7) The term "United States" means the 50 States, the District 
of Columbia, the Commonwealth of Puerto Rico, Guam, the 
Virgin Islands, American Samoa, and any other commonwealth, 
territory, or possession of the United States. 
SEC. 2911. CLARIFYING AMENDMENT 
Section 2687(e)(1) of title 10, United States Code, is amended— 
(1) by inserting "homeport facility for any ship," after 
"center,"; and 
(2) by striking out "under the jurisdiction of the Secretary of a 
military department" and inserting in lieu thereof "under the 
jurisdiction of the Department of Defense, including any leased 
facility,". 
Part B—Other Provisions Relating to Defense Base 
Closures and Realignments 
SEC. 2921. CLOSURE OF FOREIGN MILITARY INSTALLATIONS 
10 USC 2687 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that— "°*®" 
(1) the termination of military operations by the United 
States at military installations outside the United States should 
be accomplished at the discretion of the Secretary of Defense at 
the earliest opportunity; 
(2) in providing for such termination, the Secretary of Defense 
should take steps to ensure that the United States receives, 
through direct payment or otherwise, consideration equal to the 
fair market value of the improvements made by the United 
States at facilities that will be released to host countries; 
(3) the Secretary of Defense, acting through the military 
component commands or the sub-unified commands to the 
combatant commands, should be the lead official in negotiations 
relating to determining and receiving such consideration; and 
(4) the determination of the fair market value of such 
improvements released to host countries in whole or in part by 
104 STAT. 1820 
PUBLIC LAW 101-510—NOV. 5, 1990 
the United States should be handled on a facility-by-facility 
basis. 
(b) RESIDUAL VALUE.—(1) For each installation outside the United 
States at which military operations were being carried out by the 
United States on October 1, 1990, the Secretary of Defense shall 
transmit, by no later than June 1, 1991, an estimate of the fair 
market value, as of January 1, 1991, of the improvements made by 
the United States at facilities at each such installation. 
(2) For purposes of this section: 
(A) The term "fair market value of the improvements" means 
the value of improvements determined by the Secretary on the 
basis of their highest use. 
(B) The term "improvements" includes new construction of 
facilities and all additions, improvements, modifications, or ren-
ovations made to existing facilities or to real property, without 
regard to whether they were carried out with appropriated or 
nonappropriated funds. 
(c) ESTABLISHMENT OF SPECIAL ACCOUNT.—(1) There is established 
on the books of the Treasury a special account to be known as the 
"Department of Defense Overseas Military Facility Investment 
Recovery Account". Any amounts paid to the United States, pursu-
ant to any treaty, status of forces agreement, or other international 
agreement to which the United States is a party, for the residual 
value of real property or improvements to real property used by 
civilian or military personnel of the Department of Defense shall be 
deposited into such account. 
(2) Money deposited in the Department of Defense Overseas Mili-
tary Facility Investment Recovery Account shall be available to the 
Secretary of Defense for payment, as provided in appropriation Acts, 
of costs incurred by the Department of Defense in connection with 
facility maintenance and repair and environmental restoration at 
military installations in the United States. Funds in the Account 
shall remain available until expended. 
SEC. 2922. MODIFICATION OF THE CONTENT OF BIANNUAL REPORT OF 
THE COMMISSION ON ALTERNATIVE UTILIZATION OF MILI-
TARY FACILITIES 
(a) USES OF FACILITIES.—Section 2819(b) of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 
2119; 10 U.S.C. 2391 note) is amended— 
(1) in paragraph (2), by striking out "minimum security facili-
ties for nonviolent prisoners" and inserting in lieu thereof 
"Federal confinement or correctional facilities including shock 
incarceration facilities"; 
(2) by striking out "and" at the end of paragraph (3); 
(3) by redesignating paragraph (4) as paragraph (5); and 
(4) by inserting after paragraph (3) the following new para-
graph (4): 
"(4) identify those facilities, or parts of facilities, that could be 
effectively utilized or renovated to meet the needs of States and 
local jurisdictions for confinement or correctional facilities; 
and". 
10 use 2391 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
"°^- 
shall take effect with respect to the first report required to be 
submitted under section 2819 the National Defense Authorization 
Act, Fiscal Year 1989, after September 30,1990. 
note. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1821 
SEC. 2923. FUNDING FOR ENVIRONMENTAL RESTORATION AT MILITARY 
INSTALLATIONS SCHEDULED FOR CLOSURE INSIDE THE 
UNITED STATES 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is hereby au-
thorized to be appropriated to the Department of Defense Base 
Closure Account for fiscal year 1991, in addition to any other funds 
authorized to be appropriated to that account for that fiscal year, 
the sum of $100,000,000. Amounts appropriated to that account 
pursuant to the preceding sentence shall be available only for 
activities for the purpose of environmental restoration at military 
installations closed or realigned under title II of Public Law 100-526, 
as authorized under section 204(aX3) of that title. 
Qo) EXCLUSIVE SOURCE OF FUNDING.—(1) Section 207 of Public Law 
100-526 is amended by adding at the end the following: 
10 USC 2687 
"(h) BASE CLOSURE ACCOUNT TO BE EXCLUSIVE SOURCE OF FUNDS note. 
FOR ENVIRONMENTAL RESTORATION PROJECTS.—No funds appro-
priated to the Department of Defense may be used for purposes 
described in section 204(a)(3) except funds that have been authorized 
for and appropriated to the Account. The prohibition in the preced-
ing sentence expires upon the termination of the authority of the 
Secretary to carry out a closure or realignment under this title.". 
(2) The amendment made by paragraph (1) does not apply with 
respect to the availability of funds appropriated before the date of 
the enactment of this Act. 
(c) TASK FORCE REPORT.—(1) Not later than 12 months after the lo use 2687 
date of the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report containing the findings and rec-
ommendations of the task force established under paragraph (2) 
concerning— 
(A) ways to improve interagency coordination, within existing 
laws, regulations, and administrative policies, of environmental 
response actions at military installations (or portions of installa-
tions) that are being closed, or are scheduled to be closed, 
pursuant to title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-526); 
and 
(B) ways to consolidate and streamline, within existing laws 
and regulations, the practices, policies, and administrative 
procedures of relevant Federal and State agencies with respect 
to such environmental response actions so as to enable those 
actions to be carried out more expeditiously. 
(2) There is hereby established an environmental response task 
force to make the findings and recommendations, and to prepare the 
report, required by paragraph (1). The task force shall consist of the 
following (or their designees): 
(A) The Secretary of Defense, who shall be chairman of the 
task force. 
(B) The Attorney General. 
(C) The Administrator of the General Services Administra-
tion. 
(D) The Administrator of the Environmental Protection 
Agency. 
(E) The Chief of Engineers, Department of the Army. 
(F) A representative of a State environmental protection 
agency, appointed by the head of the National Governors 
Association. 
104 STAT. 1822 
PUBLIC LAW 101-510—NOV. 5, 1990 
(G) A representative of a State attorney general's office, 
appointed by the head of the National Association of Attorney 
Generals. 
(H) A representative of a public-interest environmental 
organization, appointed by the Speaker of the House of Rep-
resentatives. 
• 10 u s e 2687 
SEC. 2924. COMMUNITY PREFERENCE CONSIDERATION IN CLOSURE AND 
"°t® 
REALIGNMENT OF MILITARY INSTALLATIONS 
In any process of selecting any military installation inside the 
United States for closure or realignment, the Secretary of Defense 
shall take such steps as are necessary to assure that special consid-
eration and emphasis is given to any official statement from a unit 
of general local government adjacent to or within a military 
installation requesting the closure or realignment of such installa-
tion. 
SEC. 2925. RECOMMENDATIONS OF THE BASE CLOSURE COMMISSION 
(a) NORTON AIR FORCE BASE.—(1) Consistent with the rec-
ommendations of the Commission on Base Realignment and Closure, 
the Secretary of the Air Force may not relocate, until after 
September 30, 1995, any of the functions that were being carried out 
at the ballistics missile office at Norton Air Force Base, California, 
on the date on which the Secretary of Defense transmitted a report 
to the Committees on Armed Services of the Senate and House of 
Representatives as described in section 202(a)(1) of Public Law 100-
526. 
(2) This subsection shall take effect as of the date on which the 
report referred to in subsection (a) was transmitted to such Commit-
tees. 
(b) GENERAL DIRECTIVE.—Consistent with the requirements of sec-
tion 201 of Public Law 100-526, the Secretary of Defense shall direct 
each of the Secretaries of the military departments to take all 
actions necessary to carry out the recommendations of the Commis-
sion on Base Realignment and Closure and to take no action that is 
inconsistent with such recommendations. 
10 u s e 2687 
SEC. 2926. CONTRACTS FOR CERTAIN ENVIRONMENTAL RESTORATION 
note. 
ACTIVITIES 
(a) ESTABLISHMENT OF MODEL PROGRAM.—Not later than 90 days 
after the date of enactment of this Act, the Secretary of Defense 
shall establish a model program to improve the efficiency and 
effectiveness of the base closure environmental restoration program. 
(b) ADMINISTRATOR OF PROGRAM.—The Secretary shall designate 
the Deputy Assistant Secretary of Defense for Environment as the 
Administrator of the model program referred to in subsection (a). 
Reports. 
The Deputy Assistant Secretary shall report to the Secretary of 
Defense through the Under Secretary of Defense for Acquisition. 
(c) APPLICABILITY.—This section shall apply to environmental res-
toration activities at installations selected by the Secretary pursu-
ant to the provisions of subsection (d)(1). 
(d) PROGRAM REQUIREMENTS.—In carrying out the model program, 
the Secretary of Defense shall: 
(1) Designate for the model program two installations under 
his jurisdiction that have been designated for closure pursuant 
to the Defense Authorization Amendments and Base Closure 
and Realignment Act (Public Law 100-526) and for which 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1823 
preliminary assessments, site inspections, and Environmental 
Impact Statements required by law or regulation have been 
completed. The Secretary shall designate only those installa-
tions which have satisfied the requirements of section 204 of the 
Defense Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100-526). 
(2) Compile a prequalification list of prospective contractors 
for solicitation and negotiation in accordance with the proce-
dures set forth in title IX of the Federal Property and Adminis-
trative Services Act (Public Law 92-582; 40 U.S.C. 541 et seq., as 
amended). Such contractors shall satisfy all applicable statutory 
and regulatory requirements. In addition, the contractor se-
lected for one of the two installations under this program shall 
indemnify the Federal Government against all liabilities, 
claims, penalties, costs, and damages caused by (A) the contrac-
tor's breach of any term or provision of the contract; and (B) any 
negligent or willful act or omission of the contractor, its employ-
ees, or its subcontractors in the performance of the contract. 
(3) Within 180 days after the date of enactment of this Act, 
solicit proposals from qualified contractors for response action 
(as defined under section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601)) at the installations designated under paragraph 
(1). Such solicitations and proposals shall include the following: 
(A) Proposals to perform response action. Such proposals 
shall include provisions for receiving the necessary 
authorizations or approvals of the response action by appro-
priate Federal, State, or local agencies. 
(B) To the maximum extent possible, provisions offered 
by single prime contractors to perform all phases of the 
response action, using performance specifications supplied 
by the Secretary of Defense and including any safeguards 
the Secretary deems essential to avoid conflict of interest. 
(4) Evaluate bids on the basis of price and other evaluation 
criteria. 
(5) Subject to the availability of authorized and appropriated 
funds to the Department of Defense, make contract awards for 
response action within 120 days after the solicitation of propos-
als pursuant to paragraph (3) for the response action, or within 
120 days after receipt of the necessary authorizations or approv-
als of the response action by appropriate Federal, State, or local 
agencies, whichever is later. 
(e) APPLICATION OF SECTION 120 OF CERCLA.—Activities of the 
model program shall be carried out subject to, and in a manner 
consistent with, section 120 (relating to Federal facilities) of the 
Comprehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9620). 
if) EXPEDITED AGREEMENTS.—The Secretary shall, with the concur-
rence of the Administrator of the Environmental Protection Agency, 
assure compliance with all applicable Federal statutes and regula-
tions and, in addition, take all reasonable and appropriate measures 
to expedite all necessary administrative decisions, agreements, and 
concurrences. 
(g) REPORT.—The Secretary of Defense shall include a description 
of the progress made during the preceding fiscal year in implement-
ing and accomplishing the goals of this section within the annual 
104 STAT. 1824 
PUBLIC LAW 101-510—NOV. 5, 1990 
report to Congress required by section 2706 of title 10, United States 
Code. 
(h) APPLICABILITY OF EXISTING LAW.—Nothing in this section af-
fects or modifies, in any way, the obligations or liability of any 
person under other Federal or State law, including common law, 
with respect to the disposal or release of hazardous substances or 
pollutants or contaminants as defined under section 101 of the 
Comprehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601). 
DIVISION C—OTHER NATIONAL DEFENSE 
AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 
SECURITY PROGRAMS 
PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS 
SEC. 3101. OPERATING EXPENSES 
Funds are authorized to be appropriated to the Department of 
Energy for fiscal year 1991 for operating expenses incurred in 
carrying out national security programs (including scientific re-
search and development in support of the Armed Forces, strategic 
and critical materials necessary for the common defense, and mili-
tary applications of nuclear energy and related management and 
support activities) as follows: 
(1) For weapons activities, $3,795,381,000, to be allocated as 
follows: 
(A) For research and development, $1,092,218,000. 
(B) For weapons testing, $437,268,000. 
(C) For weapons safety, $160,000,000, to be derived from 
funds available under subparagraph (A) or (B) or both. 
(D) For production and surveillance, $2,161,180,000. 
(E) For program direction, $104,715,000. 
(2) For defense nuclear materials production, $1,892,770,000, 
to be allocated as follows: 
(A) For production reactor operations, $811,457,000. 
(B) For processing of defense nuclear materials, including 
naval reactors fuel, $628,969,000. 
(C) For supporting services, $292,043,000. 
(D) For 
uranium 
enrichment 
for 
naval 
reactors, 
$117,801,000. 
(E) For program direction, $42,500,000. 
(3) For verification and control technology, $181,484,000. 
(4) For nuclear materials safeguards and security technology 
development program, $83,934,000. 
(5) For security investigations, $65,000,000. 
(6) For new production reactors, $134,900,000. 
(7) For naval reactors development, $569,200,000. 
SEC. 3102. PLANT AND CAPITAL EQUIPMENT 
Funds are authorized to be appropriated to the Department of 
Energy for fiscal year 1991 for plant and capital equipment (includ-
ing maintenance, restoration, planning, construction, acquisition, 
modification of facilities, and the continuation of projects authorized 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1825 
in prior years, land acquisition related thereto, and acquisition and 
fabrication of capital equipment not related to construction) nec-
essary for national security programs as follows: 
(1) For weapons activities: 
Project GPD-101, general plant projects, various loca-
tions, $27,100,000. 
Project GPD-121, general plant projects, various loca-
tions, $36,350,000. 
Project 91-D-122, short range attack missile tactical 
(SRAM-T) 
production 
facilities, 
various 
locations, 
$15,000,000. 
Project 91-D-123, production assurance 
transformer 
replacement, Kansas City Plant, Kansas City, Missouri, 
$2,600,000. 
Project 91-D-124, safeguards and security upgrades, 
Phase III, Mound Plant, Miamisburg, Ohio, $1,100,000. 
Project 91-D-126, health physics calibration facility, 
Mound Plant, Miamisburg, Ohio, $1,000,000. 
Project 91-D-127, criticality alarm and 
production 
annunciation utility replacement, Rocky Flats Plant, 
Golden, Colorado, $6,600,000. 
Project 90-D-102, nuclear weapons research, develop-
ment, and testing facilities revitalization. Phase III, various 
locations, $9,600,000. 
Project 90-D-126, environmental, safety, and health 
enhancements, various locations, $8,500,000. 
Project 89-D-126, environmental, safety, and health up-
grade, Phase II, Mound Plant, Miamisburg, Ohio, $488,000. 
Project 88-D-104, safeguards and security upgrade. 
Phase II, Los Alamos National Laboratory, Los Alamos, 
New Mexico, $1,000,000. 
Project 88-D-106, nuclear weapons research, develop-
ment, and testing facilities revitalization. Phase II, various 
locations, $72,547,000. 
Project 88-D-122, facilities capability assurance program, 
various locations, $106,806,000. 
Project 88-D-123, security enhancements, Pantex Plant, 
Amarillo, Texas, $18,244,000. 
Project 88-D-124, fire protection upgrade, various loca-
tions, $1,481,000. 
Project 88-D-125, high explosive machining facility, 
Pantex Plant, Amarillo, Texas, $8,840,000. 
Project 88-D-126, personnel radiological monitoring lab-
oratories, various locations, $1,600,000. 
Project 87-D-104, safeguards and security enhancement 
II, Lawrence Livermore National Laboratory, Livermore, 
California, $1,150,000. 
Project 87-D-122, short-range attack missile II (SRAM II) 
warhead production facilities, various locations, $8,634,000. 
Project 86-D-130, tritium loading facility replacement. 
Savannah River Plant, Aiken, South Carolina, $2,360,000. 
Project 85-D-105, combined device assembly facility, 
Nevada Test Site, Nevada, $4,242,000. 
(2) For materials production: 
Project GPD-146, general plant projects, various loca-
tions, $36,994,000. 
104 STAT. 1826 
PUBLIC LAW 101-510—NOV. 5, 1990 
Project 91-D-143, increase 751-A electrical substation 
capacity, Phase I, Savannah 
River, South 
Carolina, 
$6,000,000. 
Project 91-D-145, new whole body counter facility, 
Savannah River, South Carolina, $4,350,000. 
Project 90-D-141, Idaho chemical processing plant fire 
protection, Idaho National Engineering Laboratory, Idaho, 
$6,000,000. 
Project 90-D-143, plutonium finishing plant fire safety 
and loss limitation, Richland, Washington, $2,500,000. 
Project 90-D-149, plantwide fire protection. Phases I and 
II, Savannah River, South Carolina, $49,100,000. 
Project 90-D-150, reactor safety assurance. Phases I and 
II, Savannah River, South Carolina, $32,600,000. 
Project 90-D-151, engineering center, Savannah River, 
South Carolina, $4,000,000. 
Project 89-D-140, additional separations 
safeguards. 
Savannah River, South Carolina, $16,300,000. 
Project 89-D-148, improved reactor confinement system. 
Savannah River, South Carolina, $12,800,000. 
Project 88-D-153, additional reactor safeguards. Savan-
nah River, South Carolina, $1,000,000. 
Project 87-D-159, environmental, health, and safety 
improvements. Phases I, II, III, IV, and V, Feed Materials 
Production Center, Fernald, Ohio, $14,133,000. 
Project 86-D-149, productivity retention program. Phases 
I, II, III, IV, V, and VI, various locations, $61,750,000. 
Project 85-D-139, fuel processing restoration, Idaho Fuels 
Processing Facility, Idaho National Engineering Labora-
tory, Idaho, $87,500,000. 
Project 85-D-145, fuel production facility. Savannah 
River, South Carolina, $8,481,000. 
(3) For verification and control technology: 
Project 90-D-186, center for national security and arms 
control, Sandia National Laboratories, Albuquerque, New 
Mexico, $5,000,000. 
(4) For nuclear materials safeguards and security: 
Project GPD-186, general plant projects. Central Train-
ing Academy, Albuquerque, New Mexico, $2,000,000. 
(5) For new production reactors: 
Project 88-D-154, new production reactor capacity, var-
ious locations, $231,300,000. 
(6) For naval reactors development: 
Project GPN-101, general plant projects, various loca-
tions, $8,600,000. 
Project 90-N-102, expended core facility dry cell project. 
Naval Reactors Facility, Idaho, $4,000,000. 
Project 90-N-103, advanced test reactor off-gas treatment 
system, Idaho National Engineering Laboratory, Idaho, 
$1,800,000. 
Project 90-N-104, facilities renovation. Knolls Atomic 
Power Laboratory, Niskayuna, New York, $7,900,000. 
Project 89-N-102, heat transfer test facility. Knolls 
Atomic 
Power 
Laboratory, 
Niskayuna, 
New 
York, 
$3,600,000. 
Project 88-N-102, expended core facility receiving sta-
tion, Naval Reactors Facility, Idaho, $1,500,000. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1827 
(7) For capital equipment not related to construction: 
(A) For weapons activities, $272,231,000. 
(B) For materials production, $105,622,000. 
(C) For verification and control technology, $9,924,000. 
(D) For nuclear safeguards and security, $5,066,000. 
(E) For new production reactors, $8,800,000. 
(F) For naval reactors development, $55,400,000. 
SEC. 3103. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
Funds are authorized to be appropriated to the Department of 
Energy for fiscal year 1991 for carrying out the environmental 
restoration and waste management programs necessary for national 
security programs as follows: 
(1) For operating expenses, $2,391,428,000 to be allocated as 
follows: 
(A) For environmental restoration, $833,215,000. 
(B) For waste operations and projects, $1,252,927,000. 
(C) For waste research and development, $183,480,000. 
(D) For corrective action, $61,654,000. 
(E) For transportation management, $14,660,000. 
(F) For program direction, $24,106,000. 
(G) For program direction/landlord, $21,386,000. 
(2) For capital equipment, $119,917,000. 
(3) For plant projects: 
Project GPI)-171, general plant projects, various loca-
tions, $63,689,000. 
Project 91-D-171, waste receiving and processing facility 
module 1, Richland, Washington, $2,700,000. 
Project 91-D-172, high-level waste tank farm replace-
ment, Idaho Chemical Processing Plant, Idaho National 
Engineering Laboratory, Idaho, $13,000,000. 
Project 91-D-173, hazardous low-level waste processing 
tanks, Savannah River, South Carolina, $5,800,000. 
Project 91-D-175, 300 area electrical distribution conver-
sion and safety improvements. Phase I, Richland, Washing-
ton, $900,000. 
Project 
90-D-103, environment, 
safety, and 
health 
improvements, various locations, $4,200,000. 
Project 90-D-125, steam plant ash disposal facility, Y-12 
Plant, Oak Ridge, Tennessee, $6,000,000. 
Project 90-D-171, laboratory ventilation and electrical 
system upgrade, Richland, Washington, $4,100,000. 
Project 90-D-172, aging waste transfer lines, Richland, 
Washington, $4,000,000. 
Project 90-D-173, B plant canyon crane replacement, 
Richland, Washington, $4,300,000. 
Project 90-D-174, decontamination laundry facility. Rich- 
| 
land, Washington, $9,900,000. 
Project 90-D-175, landlord program safety compliance-I, 
Richland, Washington, $10,870,000. 
Project 90-D-176, transuranic (TRU) waste facility. 
Savannah River, South Carolina, $15,300,000. 
Project 90-D-177, RWMC transuranic (TRU) waste treat-
ment and storage facility, Idaho National Engineering Lab-
oratory, Idaho Falls, Idaho, $26,000,000. 
104 STAT. 1828 
PUBLIC LAW 101-510—NOV. 5, 1990 
Project 90-D-178, TSA retrieval containment building, 
Idaho National Engineering Laboratory, Idaho Falls, Idaho, 
$11,100,000. 
Project 89-D-122, production waste storage facilities, Y-
12 Plant, Oak Ridge, Tennessee, $5,500,000. 
Project 89-D-126, environmental, safety, and health up-
grade. 
Phase 
II, 
Mound 
Plant, 
Miamisburg, 
Ohio, 
$1,723,000. 
Project 89-D-141, M-area waste disposal, Savannah 
River, South Carolina, $7,500,000. 
Project 89-D-142, reactor effluent cooling water thermal 
mitigation. Savannah River, South Carolina, $28,000,000. 
Project 89-D-171, Idaho National Engineering Labora-
tory road renovation, Idaho, $7,300,000. 
Project 89-D-172, Hanford environmental compliance, 
Richland, Washington, $42,460,000. 
Project 89-D-173, tank farm ventilation upgrade, Rich-
land, Washington, $3,400,000. 
Project 89-D-174, replacement high-level waste evapo-
rator. Savannah River, South Carolina, $11,330,000. 
Project 89-D-175, hazardous waste/mixed waste disposal 
facility, Savannah River, South Carolina, $7,600,000. 
Project 88-D-102, sanitary wastewater systems consolida-
tion, Los Alamos National Laboratory, Los Alamos, New 
Mexico, $3,500,000. 
Project 88-D-173, Hanford waste vitrification plant, Rich-
land, Washington, $75,500,000. 
Project 87-D-159, environmental, health, and safety 
improvements, Phases I, II, III, and IV, Feed Materials 
Production Center, Fernald, Ohio, $27,586,000. 
Project 
83-D-148, 
nonradioactive 
hazardous 
waste 
management. Savannah River, South Carolina, $5,000,000. 
(4) The total amount authorized to be appropriated by para-
graph (3) is reduced by a total of $129,751,000 for anticipated 
savings and schedule slippages. 
SEC. 3104. FUNDING LIMITATIONS 
(a) FERNALD LITIGATION SETTLEMENT.—Of the funds authorized to 
be appropriated to the Department of Energy for fiscal year 1991 for 
operating expenses, not more than $20,500,000 may be used to pay 
the second installment of the settlement entered into by the Depart-
ment of Energy in the C£ise of In re: Fernald Litigation No. C-1-85-
149, United States District Court for the Southern District of Ohio. 
(b) INERTIAL CONFINEMENT FUSION.—Of the funds authorized to be 
appropriated to the Department of Energy for fiscal year 1991 for 
operating expenses and plant and capital equipment, $175,000,000 
shall be available for the defense inertial confinement fusion 
program. 
(c) SPECIAL ISOTOPE SEPARATION.—No funds authorized to be 
appropriated to the Department of Energy for fiscal year 1991 shall 
be available for design or construction of a Special Isotope Separa-
tion facility. 
42 use 7273b. 
(d) SECURITY INVESTIGATIONS.—(1) No funds appropriated to the 
Department of Energy may be obligated or expended for the conduct 
of an investigation by the Department of Energy or any other 
Federal department or agency for purposes of determining whether 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1829 
to grant a security clearance to an individual or a facility unless the 
Secretary of Energy determines both of the following: 
(A) That a current, complete investigation file is not available 
from any other department or agency of the Federal govern-
ment with respect to that individual or facility. 
(B) That no other department or agency of the Federal 
government is conducting an investigation with respect to that 
individual or facility that could be used as the basis for deter-
mining whether to grant the security clearance. 
(2) For purposes of paragraph (IXA), a current investigation file is 
a file on an investigation that has been conducted within the past 
five years. 
PART B—RECURRING GENERAL PROVISIONS 
SEC. 3121. REPROGRAMMING 
(a) NOTICE TO CONGRESS.—(1) Except as otherwise provided in this 
title— 
(A) no amount appropriated pursuant to this title may be used 
for any program in excess of the lesser o
f
— 
(i) 105 percent of the amount authorized for that program 
by this title; or 
(ii) $10,000,000 more than the amount authorized for that 
program by this title; and 
(B) no amount appropriated pursuant to this title may be used 
for any program which has not been presented to, or requested 
of, the Congress. 
(2) An action described in paragraph (1) may be taken after a 
period of 30 calendar days (not including any day on which either 
House of Congress is not in session because of adjournment of more 
than three calendar days to a day certain) has passed after receipt 
by the Committees on Armed Services and the Committees on 
Appropriations of the Senate and House of Representatives of notice 
from the Secretary of Energy containing a full and complete state-
ment of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed action. 
(b) LIMITATION ON AMOUNT OBUGATED.—In no event may the total 
amount of funds obligated pursuant to this title exceed the total 
amount authorized to be appropriated by this title. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS 
(a) IN GENERAL.—The Secretary of Energy may carry out any 
construction project under the general plant projects provisions 
authorized by this title if the total estimated cost of the construction 
project does not exceed $1,200,000. 
(b) REPORT TO CONGRESS.—If at any time during the construction 
of any general plant project authorized by this title, the estimated 
cost of the project is revised because of unforeseen cost variations 
and the revised cost of the project exceeds $1,200,000, the Secretary 
shall immediately furnish a complete report to the Committees on 
Armed Services and on the Committees on Appropriations of the 
Senate and House of Representatives explaining the reasons for the 
cost variation. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS 
(a) IN GENERAL.—(1) Except as provided in paragraph (2), construc-
tion on a construction project may not be started or additional 
104 STAT. 1830 
PUBLIC LAW 101-510—NOV. 5, 1990 
obligations incurred in connection with the project above the total 
estimated cost whenever the current estimated cost of the construc-
tion project, which is authorized by section 3102 or 3103 of this title, 
or which is in support of national security programs of the Depart-
ment of Energy and was authorized by any previous Act, exceeds by 
more than 25 percent the higher o
f
— 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the project as 
shown in the most recent budget justification data submitted to 
Congress. 
(2) An action described in paragraph (1) may be taken after a 
period of 30 calendar days (not including any day on which either 
House of Congress is not in session because of adjournment of more 
than three calendar days to a day certain) has passed after receipt 
by the Committees on Armed Services and the Committees on 
Appropriations of the Senate and House of Representatives of notice 
from the Secretary of Energy containing a full and complete state-
ment of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed action. 
03) EXCEPTION.—Subsection (a) shall not apply to any construction 
project which has a current estimated cost of less than $5,000,000. 
SEC. 3124. FUND TRANSFER AUTHORITY 
(a) IN GENERAL.—Funds appropriated pursuant to this title may 
be transferred to other agencies of the Government for the perform-
ance of the work for which the funds were appropriated, and funds 
so transferred may be merged with the appropriations of the agency 
to which the funds are transferred. 
0?) NUCLEAR DIRECTED ENERGY WEAPONS CONCEPTS.—The Sec-
retary of Defense may transfer to the Secretary of Energy not more 
than $100,000,000 of the funds appropriated for fiscal^ year 1991 to 
the Department of Defense for research, development, test, and 
evaluation for the Defense Agencies for the performance of work on 
the Strategic Defense Initiative. Funds so transferred— 
(1) may be used only for research and testing for nuclear 
directed energy weapons concepts, including plant and capital 
equipment related thereto; and 
(2) shall be merged with funds appropriated to the Depart-
ment of Energy. 
(c) INERTIAL CONFINEMENT FUSION PROGRAMS.—The Secretary of 
Defense may transfer to the Secretary of Energy not more than 
$12,000,000 of the funds appropriated to the Department of Defense 
for the inertial confinement fusion program. Funds so transferred 
shall be merged with funds appropriated to the Department of 
Energy national security programs for research and development. 
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN 
(a) IN GENERAL.—(1) Within the amounts authorized by this title 
for plant engineering and design, the Secretary of Energy may carry 
out advance planning and construction designs (including architec-
tural and engineering services) in connection with any proposed 
construction project if the total estimated cost for such planning and 
design does not exceed $2,000,000. 
(2) In any case in which the total estimated cost for such planning 
and design exceeds $300,000, the Secretary shall notify the Commit-
tees on Armed Services and the Committees on Appropriations of 
the Senate and House of Representatives in writing of the details of 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1831 
such project at least 30 days before any funds are obligated for 
design services for such project. 
Ot)) SPECIFIC AUTHORITY REQUIRED.—In any case in which the total 
estimated cost for advance planning and construction design in 
connection with any construction project exceeds $2,000,000, funds 
for such planning and design must be specifically authorized by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN 
In addition to the advance planning and construction design 
authorized by sections 3102 and 3103, the Secretary of Energy may 
perform planning and design utilizing available funds for any 
Department of Energy defense activity construction project when-
ever the Secretary determines that the design must proceed expedi-
tiously in order to meet the needs of national defense or to protect 
property or human life. 
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS 
OF THE DEPARTMENT OF ENERGY 
Subject to the provisions of appropriation Acts and section 3121, 
amounts appropriated pursuant to this title for management and 
support activities and for general plant projects are available for 
use, when necessary, in connection with all national security pro-
grams of the Department of Energy. 
SEC. 3128. AVAILABILITY OF FUNDS 
When so specified in an appropriation Act, amounts appropriated 
for operating expenses or for plant and capital equipment may 
remain available until expended. 
PART C—MISCELLANEOUS 
SEC. 3131. REMANUFACTURE OF NUCLEAR STOCKPILE WEAPONS 
(a) REPORT ON REMANUFACTURE OF NUCLEAR STOCKPILE WEAP-
ONS.—The Secretary of Energy, in consultation with the Secretary of 
Defense, shall prepare a report on remanufacture of nuclear stock-
pile weapons that will require replacement at the end of their 
stockpile life. The report shall include the following information: 
(1) A specification of the nuclear warheads and bombs now in 
the stockpile which will not be replaced at the end of their 
stockpile life. 
(2) A case-by-case analysis of the technical requirements and 
estimated costs to prepare for the remanufacture of each cer-
tified nuclear weapon design scheduled for retention in the 
stockpile. 
(3) A specification of certified weapons designs designated for 
retention in paragraph (2) that could be remanufactured and 
recertified for the stockpile without conducting a nuclear explo-
sive test. 
(4) Identification of those certified weapons designs included 
in paragraph (2) requiring changes to permit remanufacture 
which could be recertified with a single nuclear explosive proof 
test to demonstrate proper performance, and the minimum 
essential yield for each such test. 
(5) Identification of those certified weapon designs planned for 
retention in paragraph (2) requiring modification for remanu-
facture to the degree that more than one test is indicated to 
104 STAT. 1832 
PUBLIC LAW 101-510—NOV. 5, 1990 
Classified 
information. 
42 u s e 7257a. 
42 u s e 7274 
note. 
assure proper performance, and the minimum essential number 
and yield of tests required for each design so modified. 
(6) A description of other options that may be employed in the 
event of reduced reliance on nuclear test explosions, ranging 
from increasingly extensive modifications of existing designs to 
the introduction of entirely new designs, and the costs in time, 
funds, numbers, and yields of tests, and the postulated national 
security benefits of each of these options clearly set forth in a 
manner which allows the relative costs and benefits of all the 
options presented to be directly compared. 
(b) SUBMISSION OF REPORT.—The Secretary of Energy shall submit 
an unclassified report with a classified appendix not later than 
February 1, 1991. 
SEC. 3132. LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT PRO-
GRAMS 
(a) AUTHORITY.—Government-owned, contractor-operated labora-
tories that are funded out of funds available to the Department of 
Energy for national security programs are authorized to carry out 
laboratory-directed research and development. 
(b) REGULATIONS.—The Secretary of Energy shall prescribe regula-
tions for the conduct of laboratory-directed research and develop-
ment at such laboratories. 
(c) FUNDING.—Of the funds provided by the Department of Energy 
to such laboratories for national security activities, the Secretary 
shall provide a specific amount, not to exceed 6 percent of such 
funds, to be used by such laboratories for laboratory-directed re-
search and development. 
(d) DEFINITION.—For purposes of this section, the term "labora-
tory-directed research and development" means research and devel-
opment work of a creative and innovative nature which, under the 
regulations prescribed pursuant to subsection (b), is selected by the 
director of a laboratory for the purpose of maintaining the vitality of 
the laboratory in defense-related scientific disciplines. 
SEC. 3133. NATIONAL 
ENVIRONMENTAL 
POLICY 
ACT 
COMPLIANCE 
REPORT REQUIREMENT 
(a) ENVIRONMENTAL REPORT.—Not later than 30 days after the end 
of each quarter of fiscal years 1991 and 1992, the Secretary of 
Energy shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a brief report on the 
Department of Energy's compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The report shall 
contain a brief description of each proposed action to be taken by the 
Department of Energy, the environmental impact of which is not 
clearly insignificant, and a description of the steps taken or pro-
posed to be taken by the Department of Energy to assess the 
environmental impact of the proposed action. If the Secretary finds 
that the proposed action of the Department of Energy will have no 
significant impact, the Secretary shall include the rationale for that 
determination. 
(b) SUBMISSION OF INITIAL REPORT.—The Secretary shall submit 
the first report not later than February 1, 1991, for the quarter 
ending December 31, 1990. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1833 
SEC. 3134. REPORT ON ENVIRONMENTAL RESTORATION EXPENDITURES 42 USC 7274c. 
Each year, at the same time the President submits to Congress the 
budget for a fiscal year (pursuant to section 1105 of title 31, United 
States Code), the Secretary of Energy shall submit to Congress a 
report on how the environmental restoration and waste manage-
ment funds for defense activities of the Department of Energy were 
expended during the fiscal year preceding the fiscal year during 
which the budget is submitted. The report shall include details on 
expenditures by operations office, installation, budget category, and 
activity. The report also shall include any schedule changes or 
modifications to planned activities for the fiscal year in which the 
budget is submitted. 
SEC. 3135. DEPARTMENT OF ENERGY MANAGEMENT PLAN FOR ENVIRON- 42 USC 7274c 
MENTAL RESTORATION AND WASTE MANAGEMENT ACTIVI- note. 
TIES 
(a) PLAN.—The Secretary of Energy shall develop a comprehensive 
five-year plan for the management of environmental restoration and 
waste management activities at facilities under the jurisdiction of 
the Department of Energy. 
(b) REPORT.—Not later than June 1, 1991, the Secretary of Energy 
shall submit to Congress a report on the management plan devel-
oped under subsection (a). The report shall include the following: 
(1) A description of management capabilities necessary to 
carry out environmental programs covered by the management 
plan for the next five years. 
(2) A description of current Department of Energy manage-
ment capabilities and inadequacies. 
(3) A description of the technical resources, including staff 
and management information systems, needed to carry out the 
management plan. 
(4) A description of assistance from other Federal agencies 
and private contractors included in the management plan. 
(5) A description of the cost verification and quality control 
elements included in the management plan. 
SEC. 3136. EXTENSION OF AUTHORITY TO LOAN PERSONNEL AND FACILI-
. TIES TO COMMUNITY DEVELOPMENT ORGANIZATIONS NEAR 
HANFORD RESERVATION 
(a) EXTENSION.—Subsection (c) of section 1434 of the National 
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 
102 Stat. 2074) is amended by striking out "September 30, 1990" and 
inserting in lieu thereof "September 30,1992". 
(b) CONFORMING AMENDMENT.—Subsection (a)(3) of such section is 
amended by striking out "fiscal years 1989 and 1990" and inserting 
in lieu thereof "fiscal years 1989,1990,1991, and 1992". 
SEC. 3137. SAFETY MEASURES FOR WASTE TANKS AT HANFORD NUCLEAR 
RESERVATION 
(a) IDENTIFICATION AND MONITORING OF TANKS.—Within 90 days 
after the date of the enactment of this Act, the Secretary of Energy 
shall identify which single-shelled or double-shelled high-level nu-
clear waste tanks at the Hanford Nuclear Reservation, Richland, 
Washington, may have a serious potential for release of high-level 
waste due to uncontrolled increases in temperature or pressure. 
After completing such identification, the Secretary shall determine 
whether continuous monitoring is being carried out to detect a 
39-194 O - 91 - 16 : QL 3 Part 3 
• 104 STAT. 1834 
PUBLIC LAW 101-510—NOV. 5, 1990 
release or excessive temperature or pressure at each tank so identi-
fied. If such monitoring is not being carried out, as soon as prac-
ticable the Secretary shall install such monitoring, but only if a type 
of monitoring that does not itself increase the danger of a release 
can be installed. 
(b) ACTION PLANS.—Within 120 days after the date of the enact-
ment of this Act, the Secretary of Energy shall develop action plans 
to respond to excessive temperature or pressure or a release from 
any tank identified under subsection (a). 
(c) PROHIBITION.—Beginning 120 days after the date of the enact-
ment of this Act, no additional high-level nuclear waste (except for 
small amounts removed and returned to a tank for analysis) may be 
added to a tank identified under subsection (a) unless the Secretary 
determines that no safer alternative than adding such waste to the 
tank currently exists or that the' tank does not pose a serious 
potential for release of high-level nuclear waste. 
(d) REPORT.—Within six months after the date of the enactment of 
this Act, the Secretary shall submit to Congress a report on actions 
taken to promote tank safety, including actions taken pursuant to 
this section, and the Secretary's timetable for resolving outstanding 
issues on how to handle the waste in such tanks. 
SEC. 3138. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED TO 
RADIATION RELEASED FROM HANFORD NUCLEAR RESERVA-
TION 
(a) FUNDING.—Of the funds authorized to be appropriated to the 
Department of Energy under this title, the Secretary of Energy shall 
make available $3,000,000 to the State of Washington, $1,000,000 to 
the State of Oregon, and $1,000,000 to the State of Idaho. Such funds 
shall be used to develop and implement programs for the benefit of 
persons who may have been exposed to radiation released from the 
Department of Energy Hanford Nuclear Reservation (Richland, 
Washington) between the years 1944 and 1972. 
(b) PROGRAMS.—The programs to be developed by the States may 
include only the following activities: 
(1) Preparing and distributing information on the health 
effects of radiation to health care professionals, and to persons 
who may have been exposed to radiation. 
(2) Developing and implementing mechanisms for referring 
persons who may have been exposed to radiation to health care 
professionals with expertise in the health effects of radiation. 
(3) Evaluating and, if feasible, implementing, registration and 
monitoring of persons who may have been exposed to radiation 
released from the Hanford Nuclear Reservation. 
State listing. 
(c) PLAN AND REPORTS.—(1) The States of Washington, Oregon, 
and Idaho shall jointly develop a single plan for implementing this 
section. 
(2) Not later than six months after the date of the enactment of 
this Act, such States shall submit to the Secretary of Energy and the 
Congress a copy of the plan developed under paragraph (1). 
(3) Not later than 18 months after the date of the enactment of 
this Act, such States shall submit to the Secretary of Energy and the 
Congress a single report on the implementation of the plan devel-
oped under paragraph (1). 
(4) In developing and implementing the plan, such States shall 
consult with persons carrying out current radiation dose and epi-
demiological research programs (including the Hanford Thyroid 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1835 
Disease Study of the Centers for Disease Control and the Hanford 
Environmental Dose Reconstruction Project of the Department of 
Energy), and may not cause substantial damage to such research 
programs. 
SEC. 3139. PAYMENTS FOR INJURIES BELIEVED TO ARISE OUT OF ATOMIC 
WEAPONS TESTING PROGRAM 
(a) FINDINGS.—Section 2(a) of the Radiation Exposure Compensa-
tion Act (Public Law 101-426) is amended— 
42 USC 2210 
(1) in paragraph (1), by striking "above-ground" and all that ^°^-
follows through "Arizona" and inserting "atmospheric nuclear 
tests exposed individuals"; 
(2) in paragraph (2), by striking "unwitting participants" and 
inserting "exposed to radiation"; and 
(3) in paragraph (5), by striking "innocent" and all that 
follows through "involuntarily" and inserting "individuals who 
were exposed to radiation were". 
(b) TRUST FUND.—Section 3 of that Act is amended— 
42 USC 2210 
(1) in the first sentence of subsection (d), by striking "not later "o^e. 
than" and all that follows through "amount, or"; and 
(2) in subsection (e), by striking "$100,000,000" and inserting 
"such sums as may be necessary to carry out its purposes". 
(c) CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING.—(1) The 
section caption for section 4 of that Act is amended by striking 42 USC 2210 
"OPEN AIR and inserting "ATMOSPHERIC". 
note. 
(2) Section 4(a) of that Act is amended to read as follows: 
"(a) CLAIMS.— 
"(1) CLAIMS RELATING TO CHILDHOOD LEUKEMIA.—Any individ-
ual who was physically present in the affected area for a period 
of at least 1 year during the period beginning on January 21, 
1951, and ending on October 31, 1958, or was physically present 
in the affected area for the period beginning on June 30, 1962, 
and ending on July 31, 1962, and who submits written medical 
documentation that he or she, after such period of physical 
presence and between 2 and 30 years after first exposure to the 
fallout, contracted leukemia (other than chronic lymphocytic 
leukemia), shall receive $50,000 i
f
— 
"(A) initial exposure occurred prior to age 21, 
"(B) the claim for such payment is filed with the Attorney 
General by or on behalf of such individual, and 
"(C) the Attorney General determines, in accordance with 
section 6, that the claim meets the requirements of this Act. 
"(2) CLAIMS RELATING TO SPECIFIED DISEASES.—Any individual 
who— 
"(A) was physically present in the affected area for a 
period of at least 2 years during the period beginning on 
January 21,1951, and ending on October 31,1958, 
"(B) was physically present in the affected area for the 
period beginning on June 30, 1962, and ending on July 31, 
1962, or 
"(C) participated onsite in a test involving the at-
mospheric detonation of a nuclear device, 
and who submits written medical documentation that he or she, 
after such period of physical presence or such participation (as 
the case may be), contracted a specified disease, shall receive 
$50,000 (in the CEise of an individual described in subparagraph 
104 STAT. 1836 
PUBLIC LAW 101-510—NOV. 5, 1990 
(A) or (B)) or $75,000 (in the case of an individual described in 
subparagraph (C)), i
f
— 
"(i) the claim for such payment is filed with the Attorney 
General by or on behalf of such individual, and 
"(ii) the Attorney General determines, in accordance with 
section 6, that the claim meets the requirements of this Act. 
"(3) CONFORMITY WITH SECTION 6.—Payments under this sec-
tion may be made only in accordance with section 6. 
"(4) EXCLUSION.—No payment may be made under this sec-
tion on any claim of the Government of the Marshall Islands, or 
of any citizen or national of the Marshall Islands, that is 
referred to in Article X, Section 1 of the Agreement Between 
the Government of the United States and the Government of 
the Marshall Islands for the Implementation of section 177 of 
the Compact of Free Association (as approved by the Compact of 
Free Association Act of 1985 (Public Law 99-239)).". 
42 use 2210 
(3) Section 4(b)(2) of that Act is amended by striking "primary 
^ 
cancer of: the" and inserting "primary cancer of the:". 
42 use 2210 
(d) CLAIMS RELATING TO URANIUM MINING.—Section 5 of that Act 
"ote- 
is amended— 
(1) in subsection (a) in the matter following "$100,000 if—", by 
striking "(1)" and inserting "(i)" and by striking "(2)" and 
inserting "(ii)"; and 
(2) in subsection (b)(3) by striking "an uranium" and inserting 
"a uranium". 
(e) DETERMINATION AND PAYMENT OF CLAIMS.—(1) Section 6(b)(2) of 
42 use 2210 
that Act is amended— 
"°**- 
(A) in subparagraph (A)— 
(i) by striking "a specified disease under section 4" and 
inserting "leukemia under section 4(a)(1), a specified disease 
under section 4(a)(2),"; and 
(ii) by striking "and" at the end of subparagraph (A); 
(B) by striking the period at the end of subparagraph (B) and 
inserting "; and"; 
(C) by inserting after subparagraph (B) the following: 
"(C) in consultation with the Secretary of Defense and the 
Secretary of Energy, establish guidelines for determining 
what constitutes documentation that an individual partici-
pated onsite in a test involving the atmospheric detonation 
of a nuclear device under section 4(a)(2)(C)."; and 
(D) in the matter following subparagraph (C) (as added by 
subparagraph (C) of this paragraph)— 
(i) by striking "and" after "(A),"; and 
(ii) by inserting before the period the following:", and 
with the Secretary of Defense and the Secretary of Energy 
with respect to making determinations pursuant to the 
guidelines issued under subparagraph (C).". 
(2) Section 6(c)(2).of that Act is amended to read as follows: 
"(2) OFFSET FOR CERTAIN PAYMENTS.—(A) A payment to an 
individual, or to a survivor of that individual, under this section 
on a claim under subsection (aXD, (a)(2)(A), or (a)(2XB) of section 
4 or a claim under section 5 shall be offset by the amount of any 
payment made pursuant to a final award or settlement on a 
claim (other than a claim for worker's compensation), against 
any person, that is based on injuries incurred by that individual 
on account o
f
— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1837 
"(i) exposure to radiation, from atmospheric nuclear test-
ing, in the affected area (as defined in section i(b)0-)) at any 
time during the period described in subsection (aXl), 
(a)(2XA), or (a)(2)(B) of section 4, or 
"(ii) exposure to radiation in a uranium mine at any time 
during the period described in section 5(a). 
"(B) A payment to an individual, or to a survivor of that 
individual, under this section on a claim under section 4(a)(2)(C) 
shall be offset by the amount o
f
— 
"(i) any payment made pursuant to a final award or 
settlement on a claim, against any person, or 
"(ii) any payment made by the Federal Government, 
that is based on injuries incurred by that individual on account 
of exposure to radiation as a result of onsite participation in a 
test involving the atmospheric detonation of a nuclear device. 
The amount of the offset under this subparagraph with respect 
to payments described in clauses (i) and (ii) shall be the actuar-
ial present value of such payments.". 
(3) Section 6(c)(4)(C)(i) of that Act is amended by striking "means" 
and inserting "is". 
(4) Section 6(e) of that Act is amended— 
(A) by striking "open air" and inserting "atmospheric"; 
(B) by striking "any period described in section 4(a), or" and 
inserting "the period described in subsection (aXD, (aX2)(A), or 
(a)(2XB) of section 4,"; and 
(C) by inserting before the period at the end the following: ", 
or exposure to radiation as a result of onsite participation in a 
test involving the atmospheric detonation of a nuclear device". 
(f) CHOICE OF REMEDIES.—Section 7(b) of that Act is amended by 
inserting before the period at the end the following: ", and no 
individual may receive more than one payment under section 4 of 
this Act". 
(g) REPORT.—Section 12 of that Act is amended— 
(1) by inserting "REPORT.—" after "(a)"; and 
(2) by inserting "COMPLETION.—" after "(b)". 
SEC. 3140. REPEAL 
The Radiation Exposure Compensation Act (Public Law 101-426) is 
amended by adding at the end the following: 
"SEC. 13. REPEAL. 
"Section 1631 of the Department of Energy National Security and 
Military Applications of Nuclear Energy Authorization Act of 1985 
(42 U.S.C. 2212) is repealed.". 
SEC. 3141. CONTRACTOR LIABILITY FOR INJURY OR LOSS OF PROPERTY 
ARISING OUT OF ATOMIC WEAPONS TESTING PROGRAMS 
(a) SHORT TITLE.—This section may be cited as the "Atomic Test-
ing Liability Act". 
(b) FEDERAL REMEDIES APPLICABLE; EXCLUSIVENESS OF REMEDIES.— 
(1) REMEDY.—The remedy eigainst the United States provided 
by sections 1346(b) and 2672 of title 28, United States Code, by 
the Act of March 9, 1920 (46 U.S.C. App. 741-752), or by the Act 
of March 3, 1925 (46 U.S.C. App. 781-790), as appropriate, for 
injury, loss of property, personal injury, or death shall apply to 
any civil action for injury, loss of property, personal injury, or 
death due to exposure to radiation based on acts or omissions by 
42 use 2210 
note. 
42 use 2210 
note. 
42 use 2210 
note. 
Atomic Testing 
Liability Act. 
42 use 2212. 
104 STAT. 1838 
PUBLIC LAW 101-510—NOV. 5, 1990 
a contractor in carrying out an atomic weapons testing program 
under a contract with the United States. 
(2) EXCLUSIVITY.—The remedies referred to in paragraph (1) 
shall be exclusive of any other civil action or proceeding for the 
purpose of determining civil liability arising from any act or 
omission of the contractor without regard to when the act or 
omission occurred. The employees of a contractor referred to in 
paragraph (1) shall be considered to be employees of the Federal 
Government, as provided in section 2671 of title 28, United 
States Code, for the purposes of any such civil action or proceed-
ing; and the civil action or proceeding shall proceed in the same 
manner as any action against the United States filed pursuant 
to section 1346(b) of such title and shall be subject to the 
limitations and exceptions applicable to those actions. 
(c) PROCEDURE.—A contractor against whom a civil action or 
proceeding described in subsection (b) is brought shall promptly 
deliver all processes served upon that contractor to the Attorney 
General of the United States. Upon certification by the Attorney 
General that the suit against the contractor is within the provisions 
of subsection (b), a civil action or proceeding commenced in a State 
court shall be removed without bond at any time before trial by the 
Attorney General to the district court of the United States for the 
district and division embracing the place wherein it is pending and 
the proceedings shall be deemed a tort action brought against the 
United States under the provisions of section 1346(b), 2401(b), or 
2402, or sections 2671 through 2680 of title 28, United States Code. 
For purposes of removal, the certification by the Attorney General 
under this subsection establishes contractor status conclusively. 
(d) ACTIONS COVERED.—The provisions of this section shall apply 
to any action, within the provisions of subsection (b), which is 
pending on the date of the enactment of this Act or commenced on 
or after such date. Notwithstanding section 2401(b) of title 28, 
United States Code, if a civil action or proceeding to which this 
section applies is pending on the date of the enactment of this Act 
and is dismissed because the plaintiff in such action or proceeding 
did not file an administrative claim as required by section 2672 of 
that title, the plaintiff in that action or proceeding shall have 30 
days from the date of the dismissal or two years from the date upon 
which the claim accrued, whichever is later, to file an administra-
tive claim, and any claim or subsequent civil action or proceeding 
shall thereafter be subject to the provisions of section 2401(b) of title 
28, United States Code. 
(e) "CONTRACTOR" DEFINED.—For purposes of this section, the 
term "contractor" includes a contractor or cost reimbursement 
subcontractor of any tier participating in the conduct of the United 
States atomic weapons testing program for the Department of 
Energy (or its predecessor agencies, including the Manhattan Engi-
neer District, the Atomic Energy Commission, and the Energy 
Research and Development Administration). Such term also in-
cludes facilities which conduct or have conducted research concern-
ing health effects of ionizing radiation in connection with the testing 
under contract with the Department of Energy (or any of its prede-
cessor agencies). 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1839 
SEC. 3142. SENSE OF CONGRESS ON NEGOTIATING AGREEMENTS TO 
ACHIEVE A COMPREHENSIVE TEST BAN 
The Congress, mindful of the commitment of the United States, 
the Soviet Union, and Great Britain in the Limited Test Ban Treaty 
of 1963 and in the Non-Proliferation Treaty of 1968 to seek the 
discontinuance of all test explosions of nuclear weapons for all time 
and of the commitment which shall be legally binding on the parties 
upon ratification of the Treaty on the Limitation of Underground 
Nuclear Weapons Tests to "continue their negotiations with a view 
toward achieving a solution to the problem of the cessation of all 
underground nuclear weapons tests", states that it is the sense of 
Congress that the United States shares a special responsibility with 
the Soviet Union to continue the bilateral Nuclear Testing Talks to 
achieve further limitations on nuclear testing, including the 
achievement of a verifiable comprehensive test ban. 
PART D—INTERNATIONAL FISSILE MATERIAL AND WARHEAD CONTROL 
SEC. 3151. PRODUCTION OF PLUTONIUM AND HIGHLY ENRICHED URA-
NIUM FOR NUCLEAR WEAPONS AND DISPOSAL OF NUCLEAR 
STOCKPILES 
(a) PRODUCTION BY THE SOVIET UNION.—Congress urges the Presi-
dent of the Soviet Union and the Supreme Soviet of the Soviet 
Union— 
(1) to cease production by the Soviet Union of plutonium; 
(2) to maintain the cessation in production by the Soviet 
Union of highly-enriched uranium for weapons that was an-
nounced on April 7,1989. 
(b) TECHNICAL ASPECTS OF FISSILE MATERIAL MONITORING AND 
NUCLEAR WARHEAD DISMANTLEMENT.—Should the President deter-
mine that future international agreements should provide for dis-
mantlement of nuclear warheads and a ban on further production of 
fissile materials for weapons, then the Congress urges the President 
to seek to establish with the Soviet Union a joint technical working 
group to examine and demonstrate cooperative technical monitoring 
and inspection arrangements that could be applied to the design and 
verification of these potential provisions. 
(c) REPORT ON VERIFICATION TECHNIQUES.—(1) The President shall President. 
prepare a comprehensive technical report on the verification mat-
ters described in paragraph (2). 
(2) The report shall describe the on-site monitoring techniques, 
inspection arrangements, and national technical means that could 
be used by the United States to verify the actions of other nations 
with respect to the following: 
(A) Dismantlement of nuclear warheads in the event that a 
future agreement between the United States and the Soviet 
Union should provide for such dismantlement to be carried out 
in a mutually verifiable manner. 
(B) A mutual United States-Soviet ban, leading to a multilat-
eral, global ban, on the production of additional quantities of 
plutonium and highly-enriched uranium for nuclear weapons. 
(C) The end use or ultimate disposal of any plutonium and 
highly enriched uranium recovered from the dismantlement of 
nuclear warheads. 
(3) In order to prepare the report required by paragraph (1), the 
President shall establish a Technical Advisory Committee on Ver-
104 STAT. 1840 
PUBLIC LAW 101-510—NOV. 5, 1990 
ification of Fissile Material and Nuclear Warhead Controls, to be 
composed of preeminent government and nongovernment experts in 
the fields of radiation detection, nondestructive examination, nu-
clear safeguards, nuclear materials production, and nuclear war-
head dismantlement. Such committee, which shall be established 
not later than December 31, 1990, shall advise the President on the 
availability, use, and further development of techniques which could 
be applied to the verification of the prospective actions described in 
paragraph (2). 
(4) The report required by paragraph (1) shall be submitted to 
Congress not later than April 30, 1991. The report shall be submit-
ted in unclassified form with such classified appendices as may be 
necessary. 
SEC. 3152. DEVELOPMENT AND DEMONSTRATION OF MEANS FOR WAR-
HEAD DISMANTLEMENT VERIFICATION 
The Secretary of Energy may use funds available to the Secretary 
for national security programs of the Department of Energy for 
fiscal year 1991 to carry out a program to develop and demonstrate a 
means for verifiable dismantlement of nuclear warheads. 
Department of 
Energy Science 
Education 
Enhancement 
Act. 
42 u s e 7381 
note. 
42 u s e 7381. 
PART E—DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS 
SEC. 3161. SHORT TITLE 
This part may be cited as the "Department of Energy Science 
Education Enhancement Act". 
SEC. 3162. FINDINGS AND PURPOSES 
(a) FINDINGS.—The Congress finds the following: 
(1) Scientific, technical, and engineering competence is essen-
tial to the Nation's future well-being. 
(2) The scientific, technical, and engineering capability at the 
Federal laboratories is unmatched throughout the world. 
(3) Superb research, development, testing, and evaluation 
occur in Department of Energy research and development facili-
ties. 
(4) Department of Energy research and development facilities 
will play an increasing role in assuring that the United States 
remains competitive in world markets. 
(5) Improvements in mathematics, science, and engineering 
education are needed desperately to provide the trained and 
educated citizenry essential to the future competitiveness of the 
United States. 
(6) The future health and vitality of the economy of the 
United States is predicated on the availability of an adequate 
supply of scientists, mathematicians, and engineers to provide 
for growing needs and to replenish the workforce. 
(7) United States college and university enrollment in science, 
mathematics, and engineering programs is sharply declining at 
undergraduate, graduate, and post-graduate levels. 
(8) The Federal Government is the largest United States 
employer of research scientists, mathematicians, and engineers, 
and the Department of Energy has a growing need for scientists, 
mathematicians, and engineers at a time when these enroll-
ments are declining. 
(9) Women and minorities are grossly underrepresented in 
science and mathematics fields, and this group represents more 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1841 
than 80 percent of the projected increase in the national 
workforce through the year 2000. 
(b) PURPOSES.—The purposes of this part are— 
(1) to encourage the development and implementation of sci-
ence, mathematics, and engineering education programs at the 
Department of Energy and at its research and development 
facilities as part of a national effort to improve science, mathe-
matics, and engineering education; and 
(2) to provide more efficient coordination among science, 
mathematics, and engineering education programs. 
SEC. 3163. MISSION 
Section 102 of the Department of Energy Organization Act (42 
U.S.C. 7112) is amended— 
(1) in the second sentence, by striking out "Act—" and insert-
ing in lieu thereof "Act:"; 
(2) in paragraph (17), by striking out "and" after the semi-
colon; 
(3) in paragraphs (1) through (18)— 
(A) by capitalizing the first letter of the first word of each 
such paragraph; and 
(B) by striking out the semicolon at the end of each such 
paragraph and inserting in lieu thereof a period; and 
(4) by adding at the end the following new paragraph: 
"(19) To ensure that the Department can continue current 
support of mathematics, science, and engineering education 
programs by using the personnel, facilities, equipment, and 
resources of its laboratories and by working with State and local 
education agencies, institutions of higher education, and busi-
ness and industry. The Department's involvement in mathe-
matics, science, and engineering education should be consistent 
with its main mission and should be coordinated with all Fed-
eral efforts in mathematics, science, and engineering education, 
especially with the Department of Education and the National 
Science Foundation (which have the primary Federal respon-
sibility for mathematics, science, and engineering education).". 
SEC. 3164. SCIENCE EDUCATION PROGRAMS 
(a) PROGRAMS.—The Secretary is authorized to establish programs 
to enhance the quality of mathematics, science, and engineering 
education. Any such programs shall be operated at or through the 
support of Department research and development facilities, shall 
use the scientific resources of the Department, and shall be consist-
ent with the overall Federal plan for education and human re-
sources in science and technology developed by the Federal Coordi-
nating Council for Science, Engineering, and Technology. 
(b) RELATIONSHIP TO OTHER DEPARTMENT ACTIVITIES.—The pro-
grams described in subsection (a) shall supplement and be coordi-
nated with current activities of the Department, but shall not 
supplant them. 
SEC. 3165. LABORATORY COOPERATIVE SCIENCE CENTERS AND OTHER 
AUTHORIZED EDUCATION ACTIVITIES 
(a) ACTIVITIES.—The Secretary is authorized to: 
(1) Support research appointments for college and university 
science and engineering students, and for faculty-student teams, 
at Department research and development facilities. 
42 u s e 7381a. 
42 u s e 7381b. 
104 STAT. 1842 
PUBLIC LAW 101-510—NOV. 5, 1990 
(2) Support research appointments for high school science 
teachers at Department research and development facilities. 
(3) Support research apprenticeship appointments at Depart-
ment 
research 
and 
development 
facilities 
for 
students 
underrepresented in science and technology careers. 
(4) Support research experience programs at Department re-
search and development facilities for nationally selected high 
school honor students. 
(5) Operate mathematics and science education programs for 
elementary and secondary students at Department research 
and development facilities. 
(6) Establish a museum-based science education program. 
(7) Establish collaborative inner-city and rural partnership 
programs designed to meet the special mathematics and science 
education needs of students in inner-city and rural areas. 
(8) Provide paid administrative leave for employees of the 
Department or Department research and development facilities 
who volunteer to interact with schools, colleges, universities, 
teachers, or students for the purpose of science, mathematics, 
and engineering education. 
(9) Establish a talent pool of volunteer scientists, mathemati-
cians, and engineers who have retired from the Department or 
Department research and development facilities to serve at 
schools and school districts for the purpose of (A) assisting 
teachers, with activities such as experiments, lectures, or the 
preparation of materials; (B) serving as counselors to students 
on science, mathematics, and engineering; and (C) otherwise 
assisting science, mathematics, and engineering classes. The 
Secretary, acting through Department research and develop-
ment facilities, shall, wherever possible, identify and match 
schools and school districts with retired scientists, mathemati-
cians, and engineers. 
(J) Establish a Young Americans' Summer Science Camp 
Program to provide secondary school students with a hands-on 
science experience as well as exposure to working scientists and 
career counseling. 
(K) Establish a program for mathematics and science teachers 
to provide teachers serving large numbers of disadvantaged 
students with new strategies for mathematics and science 
instruction. 
(L) Support graduate students and, through university-based 
cooperative programs, undergraduate students for the purpose 
of encouraging more students to pursue scientific and technical 
careers, with a particular focus on the recruitment of women 
and minority students. 
(M) Establish a prefreshman enrichment program in which 
middle-school students attend summer workshops on mathe-
matics, science, and engineering conducted by universities on 
their campuses. 
(b) USE OF FACILITIES.—Any of the activities authorized by subsec-
tion (a) may be conducted through Department research and devel-
opment facilities. The Secretary may designate facilities conducting 
education activities as "Laboratory Cooperative Science Centers". 
(c) FUNDING.—The Secretary is authorized to accept non-Federal 
funds to finance education activities described in subsection (a). 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1843 
SEC. 3166. EDUCATION PARTNERSHIPS 
42 USC 7381c. 
(a) EDUCATION PARTNERSHIPS.—The Secretary may authorize each 
Department research and development facility, to the extent prac-
ticable and consistent with the provisions of the laboratory's 
management and operating contract, to enter into education part-
nership agreements with educational institutions in the United 
States (including local educational £igencies, colleges, and univer-
sities) for the purpose of encouraging and enhancing study in sci-
entific disciplines at all levels of education. 
0?) TYPES OF ASSISTANCE.—Under a partnership agreement en-
tered into with an educational institution under subsection (a) and 
as authorized by the Secretary, a Department research and develop-
ment facility may provide assistance to the educational institution 
b y -
(1) loaning equipment to the institution; 
(2) transferring to the institution equipment determined by 
the director of the Department research and development facil-
ity to be surplus; 
(3) making personnel of Department research and develop-
ment facilities available to teach science courses or to assist in 
the development of science courses and materials for the institu-
tion; 
(4) involving faculty and students of the institution in re-
search programs of Department research and development 
facilities; 
(5) cooperating with the institution in developing a program 
under which students may be given academic credit for work on 
research projects of Department research and development 
facilities; and 
(6) providing academic and career advice and assistance to 
students of the institution. 
SEC. 3167. DEFINITIONS 
42 USC 7381d. 
In this part: 
(1) The term "Secretary" means the Secretary of Energy. 
(2) The term "Department" means the Department of Energy. 
(3) The term "Department research and development facili-
ties" means all Department of Energy single-purpose and multi-
purpose National Laboratories and research and development 
facilities and programs, and any other facility or program oper-
ated by a contractor funded from the Office of Energy Research 
of the Department of Energy. 
(4) The term "local educational agency" has the meaning 
given that term by section 1471(12) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 2891(12)). 
SEC. 3168. AUTHORIZATION OF APPROPRIATIONS 
42 USC 7381e. 
There are authorized to be appropriated to the Secretary for 
carrying out university research support and other science, mathe-
matics, and engineering education programs authorized by this part 
and administered by the Office of Energy Research of the Depart-
ment of Energy, $40,000,000 for fiscal year 1991. 
104 STAT. 1844 
PUBLIC LAW 101-510—NOV. 5, 1990 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 
BOARD AUTHORIZATION 
SEC. 3201. AUTHORIZATION 
There are authorized to be appropriated for fiscal year 1991 
$12,500,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 
U.S.C. 2286 et seq.). 
SEC. 3202. APPOINTMENT AND COMPENSATION OF SCIENTIFIC AND TECH-
NICAL PERSONNEL OF THE DEFENSE NUCLEAR FACILITIES 
SAFETY BOARD 
Section 313(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) 
is amended— 
(1) in paragraph (1), by inserting after "Board," the following: 
"including such scientific and technical personnel as the Board 
may determine necessary,"; 
(2) by redesignating paragraphs (1) and (2) as subparagraphs 
(A) and (B), respectively; 
(3) by inserting "(1)" after "STAFF.—"; and 
(4) by adding at the end the following new paragraph: 
"(2) The authority and requirements provided in section 161 d. 
with respect to officers and employees of the Commission shall apply 
with respect to scientific and technical personnel hired under para-
graph (1)(A).". 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
SEC. 3301. AUTHORITY TO BARTER MATERIAL IN THE NATIONAL DE-
FENSE STOCKPILE TO FINANCE THE UPGRADING, REFINING, 
OR PROCESSING OF STOCKPILE MATERIAL 
(a) BARTER AUTHORIZED.—Subsection (c) of section 6 of the Strate-
gic and Critical Materials Stock Piling Act (50 U.S.C. 98e) is 
amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new para-
graph: 
"(3) Notwithstanding section 3(c) or any other provision of law, 
whenever the President provides under subsection (a)(3) for the 
upgrading, refining, or processing of a material in the stockpile to 
convert that material into a form more suitable for storage, subse-
quent disposition, and immediate use in a national emergency, the 
President may barter a portion of the same material (or any other 
material in the stockpile that is authorized for disposal) to finance 
that upgrading, refining, or processing.". 
(b) CONFORMING AMENDMENTS.—Section 6 of such Act is further 
amended— 
(1) in subsection (aX3)— 
(A) by striking out "refining" and inserting in lieu 
thereof "upgrading, refining,"; 
(B) by inserting "(notwithstanding any intermediate 
stockpile quantity established for such material)" after 
"stockpile"; and 
(C) by striking out "storage and subsequent disposition;" 
and inserting in lieu thereof "storage, subsequent disposi-
tion, and immediate use in a national emergency;"; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1845 
(2) in subsection (c)(1)— 
(A) by inserting "under subsection (a)(1)" after "the ac-
quisition"; and 
(B) by inserting "under subsection (a)(5) or (aX6)" after 
"the disposal"; and 
(3) in subsection (c)(2)— 
(A) by striking out ", the disposition of which is au-
thorized by law,' and inserting in lieu thereof the follow-
ing: "(the disposition of which is authorized by paragraph 
(3) to finance the upgrading, refining, or processing of a 
material in the stockpile, or is otherwise authorized by 
law)"; and 
(B) by striking out "of refining" and inserting in lieu 
thereof "of upgrading, refining". 
(c) EFFECT OF BARTERING.—Section 9 of such Act (50 U.S.C. 98h) is 
amended by adding at the end the following new subsection: 
"(d) If, during a fiscal year, the National Defense Stockpile Man-
ager barters materials in the stockpile for the purpose of acquiring, 
upgrading, refining, or processing other materials (or for services 
directly related to that purpose), the contract value of the materials 
so bartered shall— 
"(1) be applied toward the total value of materials that are 
authorized to be disposed of from the stockpile during that fiscal 
year; 
"(2) be treated as an acquisition for purposes of satisfying any 
requirement imposed on the National Defense Stockpile Man-
ager to enter into obligations during that fiscal year under 
subsection (bX2); and 
"(3) not increase or decrease the balance in the fund.". 
SEC. 3302. TRANSFER OF FUNDS 
(a) TRANSFER.—The Secretary of Defense shall, subject to such 
limitations as may be provided in appropriations Acts, transfer 
$100,000,000 from the unobligated balance of the National Defense 
Stockpile Transaction Fund to the account established under section 
2371(e) of title 10, United States Code. 
(b) LIMITATION ON USE.—Funds transferred pursuant to subsection 
(a) may be used only for the purpose of^ 
(1) improving the quality and availability of materials stock-
piled from time to time under the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98a et seq.); or 
(2) developing new materials for the National Defense Stock-
pile. 
TITLE XXXIV—CIVIL DEFENSE 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS 
There is hereby authorized to be appropriated $149,117,000 for 
fiscal year 1991 for the purpose of carrying out the Federal Civil 
Defense Act of 1950 (50 U.S.C. App. 2251 et seq.). 
TITLE XXXV—PANAMA CANAL COMMISSION 
SEC. 3501. SHORT TITLE 
This title may be referred to as the "Pginama Canal Commission 
Authorization Act for Fiscal Year 1991". 
Panama Canal 
Commission 
Authorization 
Act for Fiscal 
Year 1991. 
104 STAT. 1846 
PUBLIC LAW 101-510—NOV. 5, 1990 
SEC. 3502. AUTHORIZATION OF EXPENDITURES 
(a) IN GENERAL.—The Panama Canal Commission is authorized to 
make such expenditures within the limits of funds and borrowing 
authority available to it in accordance with law, and to make such 
contracts and commitments, without regard to fiscal year limita-
tions, as may be necessary under the Panama Canal Act of 1979 (22 
U.S.C. 3601 et seq.), for the operation, maintenance, and improve-
ment of the Panama Canal for fiscal year 1991, except that not more 
than $52,000 for such fiscal year may be made available for official 
reception and representation expenses, of which— 
(1) not more than $12,000 may be made available for such 
expenses of the supervisory board of the Commission; 
(2) not more than $6,000 may be made available for such 
expenses of the Secretary of the Commission; and 
(3) not more than $34,000 may be made available for such 
expenses of the Administrator of the Commission. 
(b) PURCHASE OF PASSENGER MOTOR VEHICLES.—Funds available to 
the Panama Canal Commission for fiscal year 1991 shall be avail-
able for the purchase of passenger motor vehicles (including large 
heavy-duty vehicles) used to transport personnel of the Commission 
across the Isthmus of Panama. Such vehicles may be purchased 
without regard to price limitations prescribed by law or regulation. 
SEC. 3503. GENERAL PROVISIONS 
(a) PAY INCREASES.—Funds for the Panama Canal Commission 
may be obligated for fiscal year 1991, notwithstanding section 1341 
of title 31, United States Code, to the extent necessary to permit 
payment of such pay increases for officers or employees as may be 
authorized by administrative action pursuant to law which are not 
in excess of statutory increases granted for the same period in 
corresponding rates of compensation for other employees of the 
United States in comparable positions. 
O
t
)
) EXPENSES IN ACCORDANCE WITH LAW.—Expenditures au-
thorized under this title may be made only in accordance with the 
Panama Canal Treaties of 1977 and any law of the United States 
implementing those treaties. 
SEC. 3504. COMPENSATION FOR BOARD MEMBERS 
Section 1102(b) of the Panama Canal Act of 1979 (22 U.S.C. 
3612(b)) is amended by striking "grade GS-18 of the General Sched-
ule under section 5332" in the last sentence and inserting "level V 
of the Executive Schedule under section 5316". 
SEC. 3505. COMPENSATION FOR DEPUTY ADMINISTRATOR AND CHIEF 
ENGINEER 
Section 11040)) of the Panama Canal Act of 1979 (22 U.S.C. 
3614(b)) is amended by inserting before the period ", and, if eligible, 
shall each be paid the overseas recruitment or retention differential 
provided for in section 1217 of this Act". 
SEC. 3506. RETIREMENT 
(a) ELIGIBILITY.—Section 8336(i) of title 5, United States Code, is 
amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following: 
"(3) An employee of the Panama Canal Commission employed by 
that body after September 30, 1979, who is separated from the 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1847 
Panama Canal Commission before January 1, 2000, and who at the 
time of separation has a minimum of 11 years of continuous employ-
ment with the Commission (disregarding any break in service of 3 
days or less) is entitled to an annuity if the employee is separated— 
"(A) involuntarily, after completing 20 years of service or 
after becoming 48 years of age and completing 18 years of 
service, if the separation is a result of the implementation of 
any provision of the Panama Canal Treaty of 1977 and related 
agreements; or 
"(B) voluntarily, after completing 23 years of service or after 
becoming 48 years of ag^ and completing 18 years of service.". 
(b) COMPUTATION.—Section 8339(d) of title 5, United States Code, is 
amended by redesignating paragraphs (3) through (6) as paragraphs 
(4) through (7), respectively, and by inserting after paragraph (2) the 
following: 
"(3) The annuity of an employee retiring under this subchapter 
who is employed by the Panama Canal Commission at any time 
during the period beginning October 1, 1990, and ending Decem-
ber 31, 1999, is computed, with respect to any period of service with 
the Panama Canal Commission, by adding— 
"(A) IVi percent of the employee's average pay multiplied by 
so much of that service as does not exceed 20 years; plus 
"(B) 2 percent of the employee's average pay multiplied by so 
much of that service as exceeds 20 years.". 
(c) UNFUNDED LIABIUTY.—Section 8348(i)(l) of title 5, United 
States Code, is amended by striking "1979." and inserting "1979, and 
the amendments made by section 3506 of the Panama Canal 
Commission Authorization Act for Fiscal Year 1991.". 
SEC. 3507. AMENDMENTS TO PANAMA CANAL COMPENSATION FUND ACT 
OF 1988 
Section 5 of the Panama Canal Commission Compensation Fund 
Act of 1988 (22 U.S.C. 3715c) is amended— 
(1) by striking "Upon the termination of the Panama Canal 
Commission:"; 
(2) in subsection (a)— 
(A) by striking "The Secretary of Labor" and inserting 
"Upon the termination of the Panama Canal Commission, 
the Secretary of Labor"; and 
(B) by striking the last sentence; 
(3) in subsection (b)— 
(A) by inserting "under subsection (a)" after "Secretary of 
Labor"; and 
(B) by striking "Employees Compensation"; and 
(4) by adding at the end the following new subsection: 
"(c) CONTINUITY OF THE FUND.—(1) Amounts in the Fund (includ-
ing amounts transferred as a result of the final determination made 
under subsection (a)) shall be maintained by the Secretary of the 
Treasury, shall be made available for transfer to the Employees' 
Compensation Fund in such amounts as are requested by the Sec-
retary of Labor pursuant to section 4, and may be discontinued only 
in accordance with paragraph (2). 
"(2) At such time as the Secretary of Labor certifies that no 
further liability exists for workers compensation benefits or other 
payments described in section 3(a), the Secretary of the Treasury 
may discontinue the Fund in the manner provided by law.". 
104 STAT. 1848 
PUBLIC LAW 101-510—NOV. 5, 1990 
Economic 
DIVISION 
D—ECONOMIC ADJUSTMENT, 
D?rsSon 
DIVERSIFICATION, CONVERSION, AND 
STABILIZATION 
Conversion, and 
Stabilization Act 
of 1990. 
10 u s e 2391 
note. 
SEC. 4001. SHORT TITLE 
This division may be cited as the "Defense Economic Adjustment, 
Diversification, Conversion, and Stabilization Act of 1990". 
SEC. 4002. FINDINGS AND POLICY 
(a) FINDINGS.—Congress makes the following findings: 
(1) There are likely to be significant reductions in the pro-
grams, projects, and activities of the Department of Defense 
during the first several fiscal years following fiscal year 1990. 
(2) Such reductions will adversely affect the economies of 
many communities in the United States and small businesses 
and civilian workers throughout the United States. 
(b) POLICY.—In view of the findings expressed in subsection (a), it 
is the policy of the United States that— 
(1) assistance be provided under existing planning assistance 
programs and economic adjustment assistance programs of the 
Federal Government to substantially and seriously affected 
communities, businesses, and workers to the extent necessary to 
facilitate an orderly transition for such communities, small 
businesses, and workers from economic reliance on Department 
of Defense spending to economic reliance on other sources of 
business, employment, and revenue; and 
(2) funding for such programs be increased by amounts nec-
essary to meet the needs of such communities, small businesses, 
and workers without reducing the funding that would otherwise 
be available under those programs by reason of causes unre-
lated to the reductions referred to in subsection (a)(1). 
SEC. 4003. DEFINITIONS 
For purposes of this division: 
(1) The term "major defense contract or subcontract" 
means— 
(A) any defense contract in an amount not less than 
$5,000,000 (without regard to the date on which the contract 
was awarded); and 
(B) any subcontract which— 
(i) is entered into in connection with a contract (with-
out regard to the effective date of the subcontract); and 
(ii) involves not less than $500,000. 
(2) The term "Economic Adjustment Committee" or "Commit-
tee" means the Economic Adjustment Committee established in 
Executive Order 12049 (10 U.S.C. I l l note). 
(3) The term "defense facility" means any private or govern-
ment facility producing goods or services pursuant to a defense 
contract. 
(4) The term "military installation" means a base, camp, post, 
station, yard, center, or homeport facility for any ship in the 
United States, or any other facility under the jurisdiction of a 
military department located in the United States. 
(5) The term "substantially and seriously affected" means— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1849 
(A) when such term is used in conjunction with the term 
"community", a community— 
(i) which has within its administrative and political 
jurisdiction one or more military installations or de-
fense facilities or which is economically affected by 
proximity to a military installation or defense facility; 
(ii) in which the actual or threatened curtailment, 
completion, elimination, or realignment of a defense 
contract results in a workforce reduction o
f
— 
(I) 2,500 or more employee positions, in the case 
of a Metropolitan Statistical Area or similar area 
(as defined by the Director of the Office of Manage-
ment and Budget); 
(II) 1,000 or more employee positions, in the case 
of a labor market area outside of a Metropolitan 
Statistical Area; or 
(III) one percent of the total number of civilian 
jobs in that area; and 
(iii) which 
establishes, by evidence, that 
any 
workforce reduction referred to in clause (ii) occurred 
as a direct result of changes in Department of Defense 
requirements or programs; 
(B) when such term is used in conjunction with the term 
"businesses" any business which— 
(i) holds a major defense contract or subcontract (or 
held such contract or subcontract before a reduction in 
the defense budget); 
(ii) experiences a reduction, or the threat of a reduc-
tion, o
f
— 
(I) 25 percent or more in sales or production; or 
(II) 80 percent or more of the workforce of such 
business in any division of such business or at any 
plant or other facility of such business; and 
(iii) establishes, by evidence, that the reductions re-
ferred to in clause (ii) occurred as a direct result of a 
reduction in the defense budget; and 
(C) when such term is used in conjunction with the term 
"group of workers", any group of 100 or more workers at a 
defense facility who are (or who are threatened to be), 
eligible to participate in the defense conversion adjustment 
program under section 325 of the Job Training Partnership 
Act (as added by section 4202 of this division). 
SEC. 4004. CONTINUATION OF ECONOMIC ADJUSTMENT COMMITTEE 
(a) 
TERMINATION OR ALTERATION PROHIBITED.—The Economic 
Adjustment Committee established in Executive Order 12049 (10 
U.S.C. Ill note) may not be terminated and the duties of the 
Committee may not be significantly altered unless specifically au-
thorized by a law. 
(b) CHAIRMAN.—The chairmanship of the Economic Adjustment 
Committee shall rotate between the Secretary of Defense, the Sec-
retary of Commerce, and the Secretary of Labor on a yearly basis. 
(c) DUTIES OF COMMITTEE.—The Economic Adjustment Committee 
shall— 
(1) coordinate and facilitate cooperative efforts among Federal 
agencies represented on the Committee to implement defense 
economic adjustment programs; 
104 STAT. 1850 
PUBLIC LAW 101-510—NOV. 5, 1990 
Inter-
governmental 
relations. 
Reports. 
10 use 2391 
note. 
(2) serve as an information clearinghouse for and between 
Federal, State, and local entities regarding their defense eco-
nomic adjustment efforts; and 
(3) submit to the President and Congress, not later than 
December 1, 1991, and each December 1 thereafter, a report 
that— 
(A) describes Federal economic adjustment programs 
available to communities, businesses, and groups of 
workers; 
(B) describes the implementation of defense economic 
adjustment assistance during the preceding fiscal year; and 
(C) specifies the number of communities, businesses, and 
workers affected by defense budget reductions during the 
preceding fiscal year and such number assisted by Federal 
economic adjustment programs during that fiscal year. 
TITLE XLI—ECONOMIC ADJUSTMENT PLANNING 
SEC. 4101. NOTIFICATION 
(a) IN GENERAL.—The Chairman of Economic 
Adjustment 
Committee shall establish procedures to ensure that the head of the 
appropriate Federal agencies promptly notify the appropriate offi-
cial or other person or party described in subsection (b) with respect 
to any community, business, or group of workers that may be 
substantially and seriously affected as a result of— 
(1) the annual budget of the President submitted to Congress 
pursuant to section 1105 of title 31, United States Code, and any 
longer-term guidance document of the Secretary of Defense; 
(2) the public announcement of the realignment or closure of 
a military installation or defense facility; or 
(3) the cancellation or curtailment of a major defense 
contract. 
(b) PERSONS To RECEIVE NOTICE.—The officials, persons, and other 
parties referred to in subsection (a) are— 
(1) the chief elected executive official of an affected State; 
(2) the mayor of an affected city; 
(3) the executive or other appropriate representative of any 
other affected political subdivision of a State; and 
(4) the head of a national or international labor organization, 
the headquarters of which is located in the United States, which 
represents a substantially and seriously affected group of 
workers. 
(c) BENEFIT INFORMATION REQUIRED TO ACCOMPANY NOTICE.—Each 
notice under subsection (a) shall contain information describing 
Federal economic adjustment programs available to communities, 
businesses, and groups of workers. 
(d) NOTIFICATION OF COMMUNITIES AFFECTED BY DEFENSE REAUGN-
MENT BEFORE DATE OF ENACTMENT.—The information provided 
under subsection (a) shall include information regarding actions 
referred to in such subsection which were— 
(1) proposed in the budget of the President which was submit-
ted to Congress during the period beginning on January 1, 1990, 
and ending on the date of the enactment of this Act; or 
(2) otherwise announced during such period. 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1851 
SEC. 4102. ECONOMIC ADJUSTMENT PLANNING ASSISTANCE THROUGH 
THE DEPARTMENT OF DEFENSE 
(a) IN GENERAL.—Any substantially and seriously affected commu-
nity shall be eligible for economic adjustment planning assistance 
through the Office of Economic Adjustment in the Department of 
Defense under subsection (b) of section 2391 of title 10, United States 
Code, subject to subsection (e) of such section. Such assistance shall 
be provided in accordance with the standards, procedures, and 
priorities established by the Committee under this division. 
(h) CONFORMING AMENDMENT TO TITLE 10.—Section 239103) of title 
10, United States Code, is amended— 
(1) by striking out paragraphs (3), (4), and (6); 
(2) by redesignating paragraph (5) as paragraph (4); and 
(3) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) In the case of a publicly-announced planned reduction in 
Department of Defense spending, the cancellation or termination of 
a Department of Defense contract, or the failure to proceed with a 
previously approved major defense acquisition program, assistance 
may be made under paragraph (1) only if the reduction cancellation, 
termination, or failure will have a direct and significant adverse 
impact on a community and will result in the loss o
f
— 
"(A) 2,500 or more employee positions, in the case of a Metro-
politan Statistical Area or similar area (as defined by the 
Director of the Office of Management and Budget); 
"(B) 1,000 or more employee positions, in the case of a labor 
market area outside of a Metropolitan Statistical Area; or 
"(C) one percent of the total number of civilian jobs in that 
area.". 
SEC. 4103. COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE THROUGH 
THE ECONOMIC DEVELOPMENT ADMINISTRATION 
(a) IN GENERAL.—A community that has been determined by the 
Economic Development Administration of the Department of Com-
merce or the Office of Economic Adjustment of the Department of 
Defense, in accordance with the standards and procedures estab-
lished by the Economic Adjustment Committee, to be a substantially 
and seriously affected community shall be eligible for economic 
adjustment assistance authorized under title IX of the Public Works 
and Economic Development Act of 1965, subject to the availability of 
appropriations for such purpose and subject to meeting the eligi-
bility requirements of such title. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Secretary of Defense for fiscal year 1991 
$50,000,000 for purposes of carrying out subsection (a). Any amount 
appropriated pursuant to this subsection shall remain available 
until expended. 
TITLE XLII—ADJUSTMENT ASSISTANCE FOR EMPLOYEES 
10 USC 2391 
note. 
SEC. 4201. SECRETARY OF DEFENSE NOTICE REQUIREMENT 
(a) INFORMATION TO BE PROVIDED.—The Secretary of Defense 
shall— 
(1) provide timely information to the Secretary of Labor on— 
(A) any proposed closure of, or substantial reduction in, 
military installations; and 
104 STAT. 1852 
PUBLIC LAW 101-510—NOV. 5, 1990 
(B) any proposed cancellation of, or reduction in, any 
contract for products or services for the Department of 
Defense, 
if the proposed closure, cancellation, or reduction will have a 
substantial impact on employment; 
(2) when feasible, identify the location at which employment 
which will be affected by such closure, cancellation, or reduc-
tion; and 
(3) provide to the Secretary of Labor information with respect 
to such proposed closure, cancellation, or reduction. 
(b) NOTIFICATION TO GOVERNOR OF STATE CONCERNED.—If the Sec-
retary of Labor receives information under subsection (a), the Sec-
retary shall notify the Governor of each State in which such pro-
posed closure, cancellation, or reduction will occur pursuant to 
guidelines established by the Economic Adjustment Committee to 
avoid duplicative notification. 
SEC. 4202. DEFENSE CONVERSION ADJUSTMENT PROGRAM 
Part B of title III of the Job Training Partnership Act (29 U.S.C. 
1662-1662c) is amended by adding at the end the following new 
section: 
"DEFENSE CONVERSION ADJUSTMENT PROGRAM 
?9^IJS(?16^T*^' 
"^^C' 325. (a) IN GENERAL.—From the amount appropriated pursu-
ant to section 4203 of the Defense Economic Adjustment, Diversifica-
tion, Conversion, and Stabilization Act of 1990, the Secretary may 
make grants to States, substate grantees, employers, employer 
associations, and representatives of employees to provide training, 
adjustment assistance, and employment services to eligible employ-
ees adversely affected by reductions in expenditures by the United 
States for defense or by closures of United States military facilities. 
For purposes of this section, an eligible employee is an eligible 
dislocated worker as defined in section 301(a) who has been termi-
nated or laid off, or has received a notice of termination or lay off, as 
a consequence of reductions in expenditures by the United States for 
defense or by closures of United States military facilities as deter-
mined in accordance with regulations of the Secretary. 
"(b) APPUCATION.—In reviewing applications for grants under 
subsection (a), the Secretary shall give priority to applications from 
areas which have the greatest number of eligible employees. 
"(c) USE OF FUNDS.—Grants under subsection (a) may be used for 
any purpose for which funds may be used under section 314 or this 
part. 
"(d) DEMONSTRATION PROJECTS.—In carrying out the grant pro-
gram established under subsection (a), the Secretary may make 
grants to entities referred to in that subsection for the purpose of 
developing demonstration projects to encourage and promote 
innovative responses to the dislocation resulting from reductions in 
expenditures by the United States for defense or by the closure of 
United States military installations. Such demonstration projects 
may include— 
"(1) projects to facilitate the placement of eligible employees 
in occupations experiencing skill shortages that will make use 
of the skills acquired by the eligible employees during their 
employment; 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1853 
"(2) projects to assist in retraining and reorganization efforts 
designed to avert layoffs that would otherwise occur as a result 
of such reductions or closures; and 
"(3) projects to assist communities in addressing and reducing 
the impact of such economic dislocation.". 
SEC. 4203. AUTHORIZATION OF APPROPRIATIONS 
(a) AUTHORIZATION.—There are authorized to be appropriated to 
the Secretary of Defense $150,000,000 for fiscal year 1991 to carry 
out section 4201 and the amendment made by section 4202. Amounts 
appropriated pursuant to this subsection shall remain available 
until expended. 
0?) ADMINISTRATIVE EXPENSES.—Of amounts appropriated pursu-
ant to this section, not more than five percent may be retained by 
the Secretary of Labor for the administration of the activities 
authorized by the amendment made by section 4202. 
TITLE XLIII—EXPANSION OF BUSINESS CAPITAL 
lO USC 2391 
ASSISTANCE PROGRAMS 
"°*« 
SEC. 4301. EXPANSION OF SMALL BUSINESS LOAN PROGRAM 
President. 
Not later than 180 days after the date of the enactment of this 
Act, the President, acting with the assistance of the Committee and 
after consulting experts in government and the private sector, shall 
transmit to the Congress recommendations regarding ways that 
assistance provided pursuant to the business loan program under 
section 7(a) of the Small Business Act of 1958 may be used to 
respond to the consequences of defense budget reductions. 
SEC. 4302. ECONOMIC 
PLANNING 
ASSISTANCE 
FOR EXCEPTIONAL 
PROJECTS 
(a) 
ASSISTANCE 
AUTHORIZED.—The 
Economic 
Development 
Administration, in the case of assistance under title IX of the Public 
Works and Economic Development Act of 1965, and the Office of 
Economic Adjustment, in the case of planning assistance under 
section 239106) of title 10, United States Code, may award planning 
assistance under those programs to any substantially and seriously 
affected community, on behalf of a business, group of businesses, or 
group of workers, if such planning funds are determined by the 
agency concerned to be necessary and appropriate as a catalyst for 
projects which the agency determines, on a case-by-case basis, have 
exceptional promise for achieving the objectives of this division. 
(b) CONDITIONS ON ASSISTANCE.—Awards under this section shall 
be subject to the availability of appropriations for such purpose and 
shall be made in accordance with any other applicable provisions of 
law. 
SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERV-
ICES PRODUCED BY FIRMS AND EMPLOYEES FORMERLY EN-
GAGED IN DEFENSE PRODUCTION 
(a) EXPORT-IMPORT BANK.— 
(1) SENSE OF CONGRESS ON PLAN FOR EXPANSION.—It is the 
sense of Congress that the United States businesses undergoing 
transition from defense production to nondefense production 
will need assistance in seizing export markets overseas. There-
fore, in order to provide financial support for such businesses, as 
well as meeting other normal demands on its resources, the 
104 STAT. 1854 
PUBLIC LAW 101-510—NOV. 5, 1990 
President. 
annual direct lending authority of the Export-Import Bank of 
the United States should be increased by at least 150 percent 
from the fiscal year 1990 level over the five-year period begin-
ning October 1,1990. 
(2) REPORT OF FEASIBILITY.—Before September 30, 1990, 
the 
President, acting with the assistance of the Committee and after 
consulting the Board of Directors of the Export-Import Bank of 
the United States and other experts in government and the 
private sector, shall transmit to the Congress a report assessing 
the feasibility and desirability of a program for increasing the 
amount of direct loan authority in the manner described in 
paragraph (1) and the factors considered in making such assess-
ment. 
(3) TRANSITION TO NONDEFENSE PRODUCTION REQUIRED TO BE 
CONSIDERED.—In determining whether to provide financial sup-
port for an export transaction, the Export-Import Bank of the 
United States shall take into account, to the extent feasible and 
in accordance with applicable standards and procedures estab-
lished by the bank in consultation with the Committee, the fact 
that the product or service is produced or provided by any 
business or group of workers which— 
(A) was substantially and seriously affected by defense 
budget reductions; and 
(B) is in transition from defense to nondefense produc-
tion. 
03) SBA USE OF AUTHORITY FOR EXPORT FINANCING ASSISTANCE.— 
In determining whether to provide financial or other assistance 
under the Small Business Act, title VIII of the Omnibus Trade and 
Competitiveness Act of 1988, or any program referred to in section 
4301 to any small business involved in, or attempting to become 
involved in, the export of any product or service, the Administrator 
of the Small Business Administration shall take into account the 
fact that such product or service is produced or provided by any 
business or group of workers which— 
(1) has been substantially and seriously affected by defense 
budget reductions; and 
(2) is in transition from defense to nondefense production. 
(c) COORDINATION AND INTEGRATION OF ACTIVITIES AND ASSISTANCE 
WITH OTHER AGENCIES.—In providing additional financial gissistance 
pursuant to any increase in loan authority under this division— 
(1) Federal agencies concerned with international trade shall 
participate in the process of coordination conducted by the 
Committee pursuant to section 4003(b); and 
(2) such Federal agencies shall attempt, to the maximum 
extent practicable, to coordinate and integrate the activities and 
assistance of the agencies in support of exports, including finan-
cial assistance in the form of direct loans, loan guarantees, and 
insurance, general trade promotion, marketing assistance, and 
marketing and commercial information, in a manner consistent 
with the purposes of this division (and the amendments made by 
this division to other provisions of law). 
(d) REPORTING.—The annual report&.made by the Export-Import 
Bank of the United States and the Administrator of the Small 
Business Administration and the annual economic stabilization and 
adjustment report under section 4003 of this division shall include a 
description of the extent to which the bank and the Administrator 
are— 
PUBLIC LAW 101-510—NOV. 5, 1990 
104 STAT. 1855 
(1) providing financing described in subsections (a)(2) and (b), 
respectively, to businesses or groups of workers which were 
substantially and seriously affected by defense budget reduc-
tions; and 
(2) coordinating and integrating export support and financing 
activities with other Federal agencies. 
SEC. 4304. BENEFIT INFORMATION FOR BUSINESSES 
(a) INFORMATION REQUIRED TO BE PROVIDED.—The Secretary of 
Commerce and the Administrator of the Small Business Administra-
tion shall provide any business affected by defense budget reduc-
tions with a complete description of available programs which pro-
vide any business, whether on an industrywide or an individual 
basis, with any planning assistance, financial, technical, or manage-
rial assistance, worker retraining assistance, or other assistance 
authorized under this division. 
(b) EFFECTIVE NOTIFICATION SYSTEM.—The Secretary of Commerce 
and the Administrator of the Small Business Administration shall 
take such action as may be appropriate to ensure, to the maximum 
extent practicable, that each business affected by defense budget 
reductions receives the information required to be provided under 
subsection (a) on a timely basis. 
Approved November 5, 1990. 
LEGISLATIVE HISTORY—H.R. 4739 (S. 2884): 
HOUSE REPORTS: No. 101-665 (Coram, on Armed Services) and No. 101-923 (Comm. 
of Conference). 
SENATE REPORTS: No. 101-384 accompanying S. 2884 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 136 (199()): 
Aug. 1-4, S. 2884 considered and passed Senate. 
Sept. 11, 12, 18, 19, H.R. 4739 considered and passed House. 
Sept. 25, considered and passed Senate, amended, in lieu of S. 2884. 
Oct. 24, House agreed to conference report. 
Oct. 26, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 5, Presidential statement.