National Defense Authorization Act for Fiscal Years 1992 and 1993
PL 102-190 (H.R.2100), enacted 12/05/1991

105 STAT. 1290 
PUBLIC LAW 102-190—DEC. 5, 1991 
Public Law 102-190 
102d Congress 
An Act 
Dec. 5, 1991 
[H.R. 2100] 
National 
Defense 
Authorization 
Act for Fiscal 
Years 1992 and 
1993. 
To authorize appropriations for fiscal years 1992 and 1993 for military activities of 
the Department of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe personnel strengths for such fiscal years for 
the Armed Forces, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Defense Authorization Act 
for Fiscal Years 1992 and 1993". 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three 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. 
flj) 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. 
Sec. 4. Expiration of authorizations for fiscal years after 1992. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Sec. 101. 
Sec. 102. 
Sec. 103. 
Sec. 104. 
Sec. 105. 
Sec. 106. 
Sec. 107. 
Sec. 108. 
Sec. 111. 
Sec. 112. 
Sec. 113. 
Sec. 114. 
PART A—FUNDING AtrrHORizATioNS 
Army. 
Navy and Marine Corps. 
Air Force. 
Defense Agencies. 
Defense Inspector Greneral. 
Reserve components. 
Chemical demilitarization program. 
Multiyear authorizations. 
PART B—ARMY PROGRAMS 
M-1 Abrams tank program. 
Repeal of lease authority for new training helicopter program. 
AH-64 Apache helicopter modifications. 
Procurement of AHIP Scout helicopters. 
PART C—NAVY PROGRAMS 
Sec. 121. Transfer of certain funds for procurement of Navy aircraft. 
Sec. 122. Authorization for use of certain funds for Navy aircraft procurement. 
Sec. 123. Air cushion landing craft report. 
Sec. 124. Transfer of funds for Trident missiles. 
PART D—AIR FORCE PROGRAMS 
Sec. 131. B-2 bomber aircraft program. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1291 
Sec. 132. B-IB bomber aircraft program. 
Sec. 133. C-17 aircraft program. 
-' 
Sec. 134. F100/220E engine remanufacture kits. 
Sec. 135. Advanced cruise missile. 
Sec. 136. Temperature specification for air-launched cruise missile flight data trsms-
mitter; review of testing methodologies. 
Sec. 137. F-15 aircraft program. 
Sec. 138. AMRAAM missUe program. 
Sec. 139. F-117 aircraft program. 
PART E—DEFENSE AGENCY PROGRAMS 
Sec. 141. C-20 aircraft program. 
-
Sec. 142. MC-130H (C!ombat Talon) aircraft program. 
Sec. 143. MH-47E/MH-60K helicopter modification programs. 
PART F—OTHER MATTERS 
Sec. 151. Chemical weapons stockpile disposal program. 
Sec. 152. Ground-Wave Emergency Network. 
Sec. 153. Limitations relating to redeployment of Minuteman III ICBMs. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
PART A—AUTHORIZATIONS 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amounts for basic research and exploratory development. 
Sec. 203. Manufacturing technology. 
Sec. 204. Authorization to make certain fiscal year 1991 Navy funds available for 
other purposes. 
PART B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMPTATIONS 
Sec. 211. V-22 Osprey aircraft program. 
Sec. 212. Extension of prohibition on testing Mid-Infrared Advanced Chemical 
Laser against an object in space. 
Sec. 213. A-{X) Advanced Tactical Aircraft, Navy. 
Sec. 214. F-22 Advanced Tactical Fighter aircraft program. Air Force. 
Sec. 215. Supercomputer modernization program. 
Sec. 216. Management of Navy mine countermeasures programs. 
Sec. 217. Non-acoustic anti-submarine warfare program. 
Sec. 218. Anti-submarine warfare stand-off weapon. 
Sec. 219. Ship-to-shore fire support. 
Sec. 220. Superconducting Magnetic Energy Storage Project. 
Sec. 221. Sealift research and development. 
Sec. 222. ICBM modernization program. 
PART C—MISSILE DEFENSE PROGRAM 
Sec. 231. Short title. 
Sec. 232. Missile defense goal of the United States. 
Sec. 233. Implementation of goal. 
Sec. 234. Follow-on technology research. 
Sec. 235. Program elements for Strategic Defense Initiative. 
Sec. 236. Research, development, test, and evaluation objectives for SDI program 
elements. 
Sec. 237. Strategic Defense Initiative funding. 
Sec. 238. Review of follow-on deployment options. 
Sec. 238. ABM Treaty defined. 
Sec. 240. Interpretation. 
PART D—OTHER MISSILE DEFENSE MATTERS 
Sec. 241. Arrow Tactical Anti-Missile Program. 
Sec. 242. Development and testing of anti-ballistic missile systems or components. 
PART E—OTHER MATTERS 
Sec. 251. Medical countermeasures against biowarfare threats. 
Sec. 252. University Research Initiative. 
Sec. 253. Grant for the Institute for Advanced Science and Technology. 
Sec. 254. Advanced applied technology demonstration facility for environmental 
technology. 
Sec. 255. Continued 
cooperation 
with 
Japan 
on 
technology 
research 
and 
development. 
105 STAT. 1292 
PUBLIC LAW 102-190—DEC. 5, 1991 
Sec. 256. Federally funded research and development centers. 
Sec. 257. Revision in membership of Strategic Environmental Research and Devel-
opment Program Council: membership on Council and on Scientific Ad-
visory Board. 
TITLE III—OPERATION AND MAINTENANCE 
PART A—AUTHORIZATIONS OF APPROPRIATIONS 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Humanitarian assistance. 
, 
Sec. 305. Support for the 1993 World University Games. 
,;. 
Sec. 306. Support for the 1996 Summer Olympics. 
> 
Sec. 307. Presidential inauguration assistance. 
PART B—LIMITATIONS 
Sec. 311. Limitation on obligations against stock funds. 
Sec. 312. Repeal of requirement for authorization of civilian personnel by end 
strength. 
Sec. 313. Limitation relating to consolidation of supply depots. 
Sec. 314. Limitation on the performance of depot-level maintenance of materiel. 
Sec. 315. Two-year extension of authority of base commanders over contracting for 
commercial activities. 
Sec. 316. Limitations on the use of Defense Business Operations Fund. 
Sec. 317. Acquisition of inventory. 
PART C—ENVIRONMENTAL PROVISIONS 
Sec. 331. Reimbursement requirement for contractors handling hazardous wastes 
from defense facilities. 
Sec. 332. Extension of waste minimization program 
Sec. 333. Prohibition on use of environmental restoration funds for payment of 
fines and penalties. 
Sec. 334. Environmental restoration requirements at military installations to be 
closed. 
Sec. 335. Prohibition on the purchase of surety bonds and other guaranties for the 
Department of Defense. 
Sec. 336. Surety bonds for Defense Environmental Restoration Program contracts. 
PART D—OTHER MATTERS 
Sec. 341. Annual report on defense capabilities and programs of the Armed Forces. 
Sec. 342. Coverage of contracts for equipment maintenance and operation under 
provision allowing appropriated funds to be available for certain con-
tracts for 12 months. 
Sec. 343. Use of proceeds from the sale of certain lost, abandoned, or unclaimed per-
sonal property. 
Sec. 344. Use of proceeds from the transfer or disposal of commissary store facilities 
and property purchased with nonappropriated funds. 
Sec. 345. Use of appropriated funds for expenses relating to certain voluntary 
services. 
Sec. 346. Treatment of severance pay for foreign nationals under overseas military 
banking contracts. 
Sec. 347. Improvement of inventory management policy and procedure. 
Sec. 348. Prevention of the transportation of brown tree snakes on aircraft and ves-
sels of the Department of Defense. 
Sec. 349. Donation of certain scrap metal to the Memorial Fund for Disaster Relief 
Sec. 350. Management of maritime prepositioning ship programs. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
PART A—ACTIVE FORCES 
Sec. 401. End strengths for active forces. 
Sec. 402. Assessment of the structure and mix of active and reserve forces. 
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. 
Sec. 413. Increase in number of members in certain grades authorized to be on 
active duty in support of the Reserves. 
Sec. 414. Pilot program for active component support of the Reserves. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1293 
PART C—MILITARY TRAINING STUDENT LOADS 
Sec. 421. Authorization of training student loads. 
PART D—OTHER PERSONNEL STRENGTH MATTERS 
Sec. 431. Reduction in number of active duty Air Force colonels. 
TITLE V—MILITARY PERSONNEL POLICY 
PART A—OFFICER PERSONNEL POUCIES 
Sec. 501. Initial appointment of commissioned officers to be in a reserve grade. 
Sec. 502. Transition period for certain general and flag officers awaiting retirement. 
Sec. 503. Selective early retirement flexibility authority. 
Sec. 504. Integrity of the promotion selection board process. 
Sec. 505. Retirement of Chief of Navgd Operations and Commandant of the Marine 
Corps in highest grade. 
Sec. 506. Grade of retired officers recalled to active duty. 
PART B—SERVICE ACADEMIES 
Sec. 511. Limitation on the number of cadets and midshipmen authorized to attend 
the service academies. 
Sec. 512. Elimination of minimum enlisted service requirement for nomination to 
the Naval Academy. 
Sec. 513. Administration of athletics programs at the service academies. 
Sec. 514. Authority to waive maximum age limitation on admission to the service 
academies for certain enlisted members who served during the Persian 
Gulf War. 
PART C—RESERVE PERSONNEL 
Sec. 521. Increased number of active duty officers assigned to full-time support and 
training of Army National Guard combat units. 
Sec. 522. Guaranteed reserve forces duty scholarship program. 
Sec. 523. Baccalaureate degree required for appointment or promotion of reserve 
component officers to grades above ftrst lieutenant or lieutenant (junior 
grade). 
Sec. 524. Priority in making original appointments in Guard and reserve compo-
nents for ROTC scholarship program graduates. 
Sec. 525. Waiver of prohibition on certain reserve service with the ROTC program. 
Sec. 526. Report on the supervision, management, and administration of the Marine 
Corps Reserve. 
Sec. 527. Report on commissioning and training of new Army National Guard 
officers. 
Sec. 528. Expansion of duties for which Reserves are entitled to military leave from 
Federal emplojrment. 
PART D—ASSIGNMENT OF WOMEN IN THE ARMED FORCES 
Subpart 1—Statutory Limitations 
Sec. 531. Repeal of statutory limitations on assignment of women in the Armed 
Forces to combat aircraft. 
Subpart 2—Commission on the Assignment of Women in the Armed Forces 
Sec. 541. Establishment of Commission. 
Sec. 542. Duties. 
Sec. 543. Report. 
Sec. 544. Powers. 
Sec. 545. Commission procedures. 
Sec. 546. Personnel matters. 
Sec. 547. Miscellaneous administrative provisions. 
Sec. 548. Payment of Commission expenses. 
Sec. 549. Termination of the Commission. 
Sec. 550. Test assignments of female service members to combat positions. 
PART E—MISCELLANEOUS 
Sec. 551. Establishment of physician assistant section in Army Medical Specialist 
Corps. 
Sec. 552. Review of Port Chicago court-martial cases. 
Sec. 553. Appointment of Adjutants General of the National Guard of the Virgin 
Islands and Guam. 
Sec. 554. Payment for leave accrued and lost by Korean conflict prisoners of war. 
105 STAT. 1294 
PUBLIC LAW 102-190—DEC. 5, 1991 
Sec. 555. Sense of Congress regarding priority for demobilization of reserve forces 
called or ordered to active duty in connection with a contingency oper-
ation. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
PART A—PAY AND ALLOWANCES 
Sec. 601. Military pay raise for fiscal year 1992. 
Sec. 602. Limitation on the amount of basic allowance for quarters for members re-
ceiving such allowance by reason of their payment of child support. 
Sec. 603. Determination of variable housing allowance for Reserves and retirees 
called or ordered to active duty. 
Sec. 604. Administration of basic allowance for quarters and variable housing al-
lowance, 
s 
Sec. 605. Revision in rate of pay of aviation cadets. 
Sec. 606. Pay of senior noncommissioned officers while on terminal leave. 
Sec. 607. One-year extension of authority to reimburse members on sea duty for ac-
commodations in place of quarters. 
PART B—BONUSES AND SPECIAL AND INCENTIVE PAYS 
Sec. 611. Repeal of wartime and national emergency prohibitions on the payment of 
certain pay and allowances. 
Sec. 612. Extensions of authorities relating to payment of certain bonuses and other 
special pay. 
Sec. 613. Increase in imminent danger pay. 
Sec. 614. Clarification of parachute jumping for purposes of hazardous duty pay. 
Sec. 615. Ineligibility of flag officers for multiyear retention bonus for medical 
officers. 
PART C—TRAVEL AND TRANSPORTATION ALLOWANCES 
Sec. 621. Definition of dependent for purposes of allowances. 
Sec. 622. Travel and transportation allowance for dependents of members assigned 
to a vessel under construction. 
Sec. 623. Travel and transportation allowances for certain emergency duty within 
limits of duty station. 
Sec. 624. Authority of members to defer authorized travel in connection with con-
secutive overseas tours. 
Sec. 625. Increase in family separation allowance. 
Sec. 626. Transportation of the remains of certain deceased dependents of retired 
members of the Armed Forces. 
PART D—MATTERS RELATED TO CONTINGENCY OPERATIONS 
Sec. 631. Definition of contingency operation. 
Sec. 632. Basic allowance for quarters for certain Reserves without dependents. 
Sec. 633. Variable housing allowance. 
Sec. 634. Medical, dental, and nonphysician special pays for Reserve, recalled, or re-
tained health care officers. 
Sec. 635. Waiver of board certification requirements. 
Sec. 636. Waiver of foreign language proficiency certification requirement. 
Sec. 637. Treatment of accrued leave. 
Sec. 638. Authorization to exceed ceiling on accumulation of leave. 
Sec. 639. Savings program for overseas members and members in a missing status. 
Sec. 640. Transitional health care. 
PART E—MISCELLANEOUS 
Sec. 651. Permanent extension of program to reimburse members of the Armed 
Forces for adoption expenses. 
Sec. 652. Increase in amount of death gratuity. 
Sec. 653. Survivor Benefit Plan. 
Sec. 654. Payment of survivor annuity to a representative of a legally incompetent 
person. 
Sec. 655. Waiver of reduction of retired pay under specified conditions. 
Sec. 656. Expanded eligibility of certain health care officers for certain special pays 
for service in connection with Operation Desert Storm. 
Sec. 657. Increase in the amount of a claim for recoupment of overpayments of pay, 
allowances, and expenses that may be waived. 
PART F—READJUSTMENT BENEFITS FOR CERTAIN VOLUNTARILY SEPARATED MEMBERS 
Sec. 661. Special separation benefits. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1295 
Sec. 662. Voluntary separation incentive program. 
Sec. 663. Report on programs. 
Sec. 664. Limited authority to waive end strengths. 
TITLE VII—HEALTH CARE PROVISIONS 
PART A—HEALTH CARE SERVICES 
Sec. 701. Establishment of supplemental dental benefits plans for dependents. 
Sec. 702. Hospice care. 
Sec. 703. Blood-lead level screenings of dependent infants of members of the uni-
formed services. 
Sec. 704. Expansion 
of 
CHAMPUS 
coverage 
to 
include 
certain 
medicare 
participants. 
PART B—HEALTH CARE MANAGEMENT 
Sec. 711. Modification of area restriction on provision of nonemergency inpatient 
hospital care under CHAMPUS. 
Sec. 712. Managed health care networks. 
Sec. 713. Clarification of restriction on CHAMPUS as a secondary payer. 
Sec. 714. Clarification of right of the United States to collect from third-party 
payers. 
Sec. 715. Statements regarding the nonavailability of health care. 
Sec. 716. Submittal of claims for pasmient for services under CHAMPUS. 
Sec. 717. Repeal of requirement that Armed Forces health professions scholarships 
be targeted toward critically needed wartime skills. 
Sec. 718. Limitation on reductions in number of medical personnel of the Depart-
ment of Defense. 
Sec. 719. Extension of deadline for the use of diagnosis-related groups for outpatient 
treatment. 
Sec. 720. Authorization for the use of the Composite Health Care System at a mili-
tary medical facility when cost effective. 
Sec. 721. Administration of the managed-care model of uniformed services treat-
ment facilities. 
Sec. 722. Authorization for the extension of CHAMPUS reform initiative. 
PART C—MISCELLANEOUS 
Sec. 731. Health care demonstration project for the area of Newport, Rhode Island. 
Sec. 732. Dependency status of a minor in the custody of a non-parent member or 
former member of the Armed Forces. 
Sec. 733. Comprehensive study of the military medical care system. 
Sec. 734. Registry of members of the Armed Forces exposed to fumes of burning oil 
in connection with Operation Desert Storm. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
PART A—ACQUISITION PROCESS 
Sec. 801. Repeal of manpower estimates reporting requirement. 
Sec. 802. Payment of costs of contractors for independent research and development 
and for bids and proposals. 
Sec. 803. Research and development contracts. 
Sec. 804. Clarification of revised thresholds for contractor certification of cost or 
pricing data. 
Sec. 805. Procurement flexibility for small purchases during contingency oper-
ations. 
Sec. 806. Payment protections for subcontractors and suppliers. 
Sec. 807. Government-industry committee on rights in technical data. 
Sec. 808. Control of Government personnel work product. 
Sec. 809. Status of the Director of Defense Procurement. 
PART B—ACQUISITION ASSISTANCE PROGRAMS 
Sec. 811. Procurement technical assistance cooperative agreement program. 
Sec. 812. Defense research by historically Black colleges and universities. 
Sec. 813. Reauthorization of bond waiver test program. 
Sec. 814. Pilot mentor-protege program. 
PART C—DEFENSE INDUSTRIAL AND TECHNOLOGY BASE INITIATIVES 
Sec. 821. Development of critical technologies. 
Sec. 822. Critical technology strategies. 
105 STAT. 1296 
PUBLIC LAW 102-190—DEC. 5, 1991 
Sec. 823. Advanced manufacturing technology partnerships. 
Sec. 824. Manufacturing extension programs. 
Sec. 825. Defense manufacturing education. 
Sec. 826. C!ooperative agreements and other transactions relating to advanced 
research projects. 
Sec. 827. Flexible computer-integrated manufacturing program. 
Sec. 828. United States-Japan management training programs. 
Sec. 829. Department of Defense support for science, mathematics, and engineering 
education. 
PAKT D—OTHER DEFENSE INDUSTRIAL BASE MATTERS 
Sec. 831. Requirement for submittal of plans relating to the improvement of the de-
fense industrial base. 
Sec. 832. Requirements relating to European military procurement practices. 
Sec. 833. Buy American Act waiver rescissions. 
Sec. 834. Extension and clarification of coverage of procurement limitation on 
valves and machine tools. 
Sec. 835. Revision of restriction on procurement of carbonyl iron powders. 
Sec. 836. Technical correction relating to partnership intermediaries. 
PART E—MISCELLANEOUS ACQUISITION POUCY MATTERS 
Sec. 841. Requirement for purchase of gasohol in Federal fuel procurements when 
price is comparable. 
Sec. 842. Prompt payment for purchase of fish. 
Sec. 843. Whistleblower protections for members of the Armed Forces. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
PART A—GENERAL MATTERS 
Sec. 901. Position of Deputy Under Secretary of Defense for Policy. 
Sec. 902. CINC Initiative Fund. 
Sec. 903. Establishment of general counsels of the military departments at Level IV 
of the Executive Schedule. 
Sec. 904. Repeal of required reduction in defense acquisition workforce. 
PART B—PROFESSIONAL MILITARY EDUCATION 
Sec. 911. Authority to hire civilian faculty members for the Institute for National 
Strategic Study. 
Sec. 912. Definition of the principal course of instruction at the Armed Forces Staff 
College. 
PART C—INTELLIGENCE MATTERS 
Sec. 921. Defense Intelligence Agency. 
Sec. 922. Consultation required concerning appointment of Directors of DIA and 
NSA. 
Sec. 923. Joint intelligence center. 
Sec. 924. Department of Defense use of national intelligence collection systems. 
TITLE X—GENERAL PROVISIONS 
PART A—FINANCIAL AND BUDGET MATTERS 
Sec. 1001. Transfer authority. 
Sec. 1002. Date for transmittal of joint OMB/CBO annual outlay report. 
Sec. 1003. Foreign National Employees Separation Pay Account. 
Sec. 1004. Revision of reporting requirement regarding the effect of certain pay-
ments and adjustments on the Federal deficit. 
Sec. 1005. Incorporation of Classified Annex. 
PART B—NAVAL VESSELS AND RELATED MATTERS 
Sec. 1011. Extension of authority for aviation depots and naval shipyards to engage 
in defense-related production and services. 
Sec. 1012. Transfer of obsolete aircraft carrier Oriskany. 
Sec. 1013. Transfer of obsolete research vessel Gyre. 
Sec. 1014. Report on criteria used by Navy for recommending approval of subma-
rine export license. 
Sec. 1015. Fast sealift program. 
Sec. 1016. Overhaul of the U.S.S. John F. Kennedy (CV-67). 
Sec. 1017. Inapplicability to inflatable boats of restriction on construction in foreign 
shipyards. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1297 
PART C—GUARD AND RESERVE MATTERS 
Sec. 1021. Prohibition relating to deactivation of Naval Reserve helicopter mine 
countermeasures squadrons. 
Sec. 1022. Repeal of requirement for transfer of certain aircraft to Air Force 
reserve components. 
Sec. 1023. Authority to waive requirement to transfer tactical airlift mission to 
reserve components. 
Sec. 1024. Authority for waiver of requirement for transfer of A-10 aircraft to the 
Army and Marine Corps. 
PART D—MATTERS RELATED TO ALUES AND OTHER NATIONS 
Sec. 1041. Sense of Congress regarding United States troops in Europe. 
Sec. 1042. Reduction in authorized end strength for the number of military person-
nel in Europe. 
Sec. 1043. Strategic framework and distribution of responsibilities for the security 
of Asia and the Pacific. 
Sec. 1044. United States troops in Korea. 
Sec. 1045. Burdensharing contributions by Japan and the Republic of Korea. 
Sec. 1046. Defense cost-sharing. 
Sec. 1047. Use of contributions of friendly foreign countries and NATO for coopera-
tive defense projects. 
Sec. 1048. Expansion of authority for the Navy to provide routine port and airport 
services to foreign countries. 
Sec. 1049. Extension of authority for transfer of excess defense articles to certain 
countries. 
Sec. 1050. Authority of Secretary of Defense in connection with cooperative agree-
ments on air defense in Italy. 
Sec. 1051. Extension of AW 
ACS authority. 
Sec. 1052. Training of special operations forces with friendly foreign forces. 
Sec. 1053. Expansion of countries eligible to participate in foreign comparative test-
ing program. 
Sec. 1054. Limitation on employment of foreign nationals at military installations 
, 
outside the United States. 
PART E—TECHNICAL AND CLERICAL AMENDMENTS 
Sec. 1061. Amendments to title 10, United States Code, 
Sec. 1062. Amendments to Public Law 101-510. 
Sec. 1063. Amendments to other laws. 
PART F—CONGRESSIONAL FINDINGS, POLICIES, AND COMMENDATIONS 
Sec. 1071. Sense of Congress relating to the contributions to Operation Desert 
Storm made by the defense-related industries of the United States. 
Sec. 1072. Sense of Congress relating to cooperation between the military depart-
ments and Big Brothers and Big Sisters organizations. 
Sec. 1073. Commendation of the military colleges for their contributions to training 
citizen-soldiers. 
Sec. 1074. Sense of Congress relating to the chemical decontamination training fa-
cility. Fort McClellan, Alabama. 
Sec. 1075. Policy regarding contracting with foreign firms that participate in the 
secondary Arab boycott. 
Sec. 1076. Sense of Congress concerning issuance of commemorative card for Oper-
ation Desert Storm servicemembers. 
PART G—MISCELLANEOUS MATTERS 
Sec. 1081. Survivor notification and assistance; access to military records of service 
members who die on active duty. 
Sec. 1082. Disclosure of information concerning United States personnel classified 
as prisoner of war or missing in action during Vietnam conflict. 
Sec. 1083. Family support center for families of prisoners of war and persons miss-
ing in action. 
Sec. 1084. Display of POW/MIA flag. 
Sec. 1085. Extension of overseas workload program. 
Sec. 1086. Technical data packages for large-caliber cannon. 
Sec. 1087. Emergency direct loans for small business concerns located in communi-
ties adversely affected by troop deployments during the Persian Gulf 
conflict. 
Sec. 1088. Additional Department of Defense support for counter-drug activities. 
Sec. 1089. Technical revisions to charter for Barry Goldwater Scholarship and Ex-
cellence in Education Program. 
105 STAT. 1298 
PUBLIC LAW 102-190—DEC. 5, 1991 
Sec. 1090. Protection of keys and ke3^ways used in security applications by the De-
partment of Defense. 
Sec. 1091. Administration of the Selective Service System. 
Sec. 1092. Separate maintenance allowance for Federal employees located at John-
ston Isl£md. 
Sec. 1093. Extension of foreign post differentials to certain Federal employees who 
served in connection with Operation Desert Storm. 
Sec. 1094. Provisional supervised employment of Federal child care services 
personnel. 
Sec. 1095. Iraq and the requirements of Security C!ouncil Resolution 687. 
Sec. 1096. Iraq and the requirements of Security Council Resolution 688. 
Sec. 1097. Annual report on the proliferation of missiles and essential components 
of nuclear, biological, and chemical weapons. 
TITLE XI—WARRANT OFFICER MANAGEMENT 
Sec. 1101. Short title. 
PART A—NEW WARRANT OFFICER PERSONNEL SYSTEM 
Sec. 1111. Establishment of permanent grade of chief warrant officer, W-5. 
Sec. 1112. Promotion and retention of warrant officers. 
Sec. 1113. Temporary appointments. 
Sec. 1114. Rank of warrant officers. 
Sec. 1115. Suspension in time of war or national emergency. 
Sec. 1116. Mandatory retirement of regular Army warrant officers for length of 
service. 
PART B—TRANSITION AND SAVINGS PROVISIONS 
Sec. 1121. Transition for certain regular warrant officers serving in a higher tempo-
rary grade below chief warrant officer, W-5. 
Sec. 1122. Transition for certain Reserve warrant officers serving in a higher tem-
porary grade below chief warrant officer, W-5. 
Sec. 1123. Continuation of certain temporary appointments of Navy and Marine 
Corps warrant officers. 
Sec. 1124. Savings provision for certain regular Army warrant officers facing man-
datory retirement for length of service. 
Sec. 1125. Preservation of existing law for Coast Guard. 
PART C—TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE 
Sec. 1131. Technical and conforming amendments. 
Sec. 1132. Effective date. 
TITLE XII—SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR 
OPERATION DESERT STORM 
Sec. 1201. Extension of supplemental authorization. 
Sec. 1202. Authorization of appropriations for Operation Desert Storm. 
Sec. 1203. Definitions. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and lemd acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Defense access roads. 
Sec. 2105. Authorization of appropriations. Army. 
Sec. 2106. Authorized long-term facilities contracts. 
Sec. 2107. Authorized military housing rental guarantee projects. 
Sec. 2108. Authorization of family housing project for which funds have been 
appropriated. 
Sec. 2109. Termination of authority to carry out certain projects. 
Sec. 2110. Elemental^ school for dependents of Department of Defense personnel at 
Fort Wainwright, Alaska. 
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. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1299 
Sec. 2205. Authorization of appropriations, Navy. 
• 
Sec. 2206. Authorized long-term facilities contracts. 
Sec. 2207. Authorized family housing lease projects. 
Sec. 2208. Authorized military housing rental guarantee projects. 
Sec. 2209. Termination of authority to carry out certain projects. 
Sec. 2210. Specification of the military construction project previously authorized 
for the Marine Corps Support Activity, Kansas City, Missouri. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvement to military family housing units. 
Sec. 2304. Defense access roads. 
Sec. 2305. Authorization of appropriations. Air Force. 
^ 
Sec. 2306. Authorized long-term facilities contracts. 
^ 
Sec. 2307. Authorized family housing lease projects. 
Sec. 2308. Authorized military housing rental guarantee projects. 
Sec. 2309. Authorization of projects for which funds have been appropriated. 
Sec. 2310. Termination of authority to carry out certain projects. 
Sec. 2311. Change in location of previously authorized project. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Family housing. 
Sec. 2403. Improvements to military family housing units. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
-
Sec. 2405. Contracts for certmn projects. 
Sec. 2406. Special operations battalion headquarters. Fort Bragg, North Carolina. 
Sec. 2407. Design for replacement facilities for Fitzsimons Army Medical Center. 
Sec. 2408. Defense medical facility, Homestead Air Force Base, Florida. 
Sec. 2409. Termination of authority to carij out a certain project. 
Sec. 2410. Authorization for unauthorized nscal year 1991 appropriations for special 
operations command projects. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
Sec. 2602. Authorization of projects for which funds have been appropriated and 
termination of authority to carry out certain other projects. Termina-
tion of authority to carry out certain projects. 
TITLE XXVn—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations. 
.-. 
Sec. 2702. Extension of prior year authorizations. 
TITLE XXVIII—GENERAL PROVISIONS 
PART A—MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING 
CHANGES 
Sec. 2801. Construction of reserve component facilities. 
. . . 
Sec. 2802. Turn-key selection procedures. 
Sec. 2803. Health, safety, and environmental quality emergency construction. 
Sec. 2804. Increased authority for use of operation and maintenance funds for ac-
quisition and construction of reserve component facilities. 
Sec. 2805. Long-term facilities contracts. 
Sec. 2806. Long-term build to lease authority for military family housing. 
Sec. 2807. Increased cost limitations for unspecified minor construction projects. 
Sec. 2808. Incre£ise in the amount of space for military family housing units under 
certain circumstances. 
Sec. 2809. Military housing rental guarantee program. 
PART B—DEFENSE BASE CLOSURE AND REAUGNMENT 
Sec. 2821. Defense B£ise Closure and Realignment Act of 1990 amendments. 
Sec. 2822. Consistency in budget data. 
105 STAT. 1300 
PUBLIC LAW 102-190-DEC. 5, 1991 
Sec. 2823. Eligibility of Department of Defense employees and members of the 
Armed Forces for homeowners assistance in connection with base 
closures. 
Sec. 2824. Environmental plan for Jefferson Proving Ground, Indiana. 
Sec. 2825. Disposition of credit union facilities on military installations to be closed. 
Sec. 2826. Report on emplojrment assistance services. 
Sec. 2827. Funding for environmental restoration at military installations to be 
closed and report on environmental restoration costs at such in-
stallations. 
PART C—LAND TRANSACTIONS 
Sec. 2831. Acquisition of land, Baldwin C!ounty, Alabama. 
Sec. 2832. Land conveyance, Lompoc, California. 
Sec. 2833. Land exchange, Scott Air Force Base, Illinois. 
Sec. 2834. Land conveyance, New Bedford, Massachusetts. 
Sec. 2835. Release of reversionary interest, Berrien County, Michigan. 
Sec. 2836. Land conveyance, Santa Fe, New Mexico. 
Sec. 2837. Revision of land conveyemce authority. Naval Reserve Center, Burling-
ton, Vermont. 
Sec. 2838. Lease and development of certain real property, Norfolk, Virginia. 
Sec. 2839. Lease at Hunters Point Naval Shipyard, San Francisco, California. 
Sec. 2840. Land exchange. Pearl Harbor, Hawaii. 
Sec. 284L Land conveyance. New London, Connecticut. 
PART D—PROHiBmoN ON CERTAIN CONSTRUCTION 
Sec. 2851. Prohibition on construction at Crotone, Italy. 
Sec. 2852. Restriction on certain development at Fort Hunter Liggett, California. 
PART E—MISCELLANEOUS 
Sec. 2861. Review of assets of the Resolution Trust Corporation before acquisition of 
options on real property. 
Sec. 2862. Clarification of the authority of the Secretaries of the military depart-
ments to lease nonexcess property. 
Sec. 2863. Test program of leases of real property for activities related to special 
forces operations. 
Sec. 2864. Law enforcement authority on the Pentagon Reservation. 
Sec. 2865. Repair of damages at McConnell Air Force Base caused by tornadoes. 
Sec. 2866. Study of the need for the construction of tornado shelters. 
Sec. 2867. Report on replacement bridge near the Navy homeport at Pascagoula, 
Mississippi. 
Sec. 2868. Reports relating to military construction for facilities supporting new 
weapon systems. 
Sec. 2869. Initiation of construction of Phoenix, Arizona, and vicinity (stage 2) flood 
control. 
Sec. 2870. Technical amendments. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER 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 planning, design, and construction activities. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
PART C—MISCELLANEOUS 
Sec. 3131. Worker protection at nuclear weapons facilities. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1301 
Sec. 3132. Scholarship and fellowship program for environmental restoration and 
waste management. 
Sec. 3133. Resumption of plutonium operations in buildings at Rocky Flats. 
Sec. 3134. Defense environmental restoration and waste management account. 
Sec. 3135. Environmentsd restoration and waste management five-year plan and 
budget reports. 
Sec. 3136. Critical technology partnerships. 
Sec. 3137. National Atomic Museum. 
Sec. 3138. Revision of waiver of post-employment restrictions applicable to employ-
ees of certain national laboratories. 
Sec. 3139. Sense of Congress regarding designation of site for new production reac-
tor at Savannah River Site, South Carolina. 
Sec. 3140. Report on schedule for resumption of nuclear testing talks £uid nuclesu* 
test ban readiness program. 
Sec. 3141. Warhead dismantlement and material disposal. 
Sec. 3142. Report on nuclear weapons matters. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
AUTHORIZATION 
Sec. 3201. Authorization. 
Sec. 3202. Powers and functions of the Defense Nuclear Facilities Safety Board. 
TITLE XXXm—NATIONAL DEFENSE STOCKPILE 
PART A—CHANGES IN STOCKPILE AMOUNTS 
Sec. 3301. Authorization of disposals. 
Sec. 3302. Authorization of acquisitions. 
PART B—PROGRAMMATIC CHANGES 
Sec. 3311. Materials development and research. 
Sec. 3312. Rotation of stockpile materials for better materials. 
Sec. 3313. Increased interveds between reports to Congress. 
Sec. 3314. Continuation of disposal authority during periods of vacancy in the posi-
tion of Stockpile Manager or deficiency in delegation of authority to 
the Stockpile Manager. 
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. Revision of executive pay schedule for the Administrator of the Panama 
Canal Commission. 
Sec. 3505. Policy on military base rights in Panama. 
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. 
SEC. 4. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 
1992. 
Authorizations of appropriations, and of personnel strength levels, 
in this Act for any fiscal year after fiscal year 1992 are effective only 
with respect to appropriations made during the first session of the 
One Hundred Second Congress. 
105 STAT. 1302 
PUBLIC LAW 102-190—DEC. 5, 1991 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
PART A—FUNDING AUTHORIZATIONS 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
1992 for procurement for the Army as follows: 
(1) For aircraft, $1,783,600,000. 
(2) For missiles, $1,046,762,000. 
(3) For weapons and tracked combat vehicles, $1,007,300,000. 
(4) For ammunition, $1,362,400,000. 
(5) For other procurement, $3,081,801,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated for 
fiscal year 1992 for procurement for the Navy as follows: 
(1) For aircraft, $7,089,800,000. 
(2) For weapons, $4,720,860,000. 
(3) For shipbuilding and conversion, $8,365,790,000. 
(4) For other procurement, $6,492,355,000. 
O
b
) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1992 for procurement for the Marine Corps in 
the amount of $1,124,637,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
1992 for procurement for the Air Force as follows: 
(1) For aircraft, $10,636,931,000. 
(2) For missiles, $5,204,883,000. 
(3) For other procurement, $8,194,009,000. 
SEC. 104. DEFENSE AGENCIES. 
Funds are hereby authorized to be appropriated for fiscal year 
1992 for procurement for the Defense Agencies in the amount of 
$2,239,029,000. 
SEC. 105. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for fiscal year 
1992 for procurement for the Inspector General of the Department 
of Defense in the amount of $800,000. 
SEC. 106. RESERVE COMPONENTS. 
Funds are hereby authorized to be appropriated for fiscal year 
1992 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, $227,000,000. 
(2) For the Air National Guard, $454,800,000. 
(3) For the Army Reserve, $84,300,000. 
s 
(4) For the Naval Reserve, $45,000,000. 
(5) For the Air Force Reserve, $225,000,000. 
(6) For the Marine Corps Reserve, $25,000,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1303 
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM. 
(a) FUNDING.—Funds are hereby authorized to be appropriated for 
fiscal year 1992 for the destruction of lethal chemical agents and 
munitions in accordance with section 1412 of the Department of 
Defense Authorization Act, 1986 (50 U.S.C. 1521), in the amount of 
$472,602,000. 
O
t
)
) FUNDING FOR ARMY CRYOFRACTURE PROGRAM.—Within 
the 
amount authorized to be appropriated by subsection (a), $33,900,000 
is available for the Army cryofracture program, of which— 
(1) $13,900,000 is available for research, development, test, 
and evaluation of the cryofracture method of chemical weapons 
demilitarization only; and 
(2) $20,000,000 is available for the procurement of long lead 
items for a cryofracture demonstration plant on and after the 
date on which the Secretary of the Army certifies in writing to 
the congressional defense committees that the Army will con-
struct a cryofracture demonstration plant. 
SEC. 108. MULTIYEAR AUTHORIZATIONS. 
(a) ARMY.—The Secretary of the Army may use funds appro-
priated for fiscal year 1992 to enter into multiyear procurement 
contracts in accordance with section 2306(h) of title 10, United 
States C!ode, for the Army Tactical Missile System (ATACMS). 
(b) NAVY.—The Secretary of the Navy may use funds appropriated 
for fiscal year 1992 to enter into multiyear procurement contracts in 
accordance with section 2306(h) of title 10, United States Code, for 
the following programs: 
(1) The MK-48 ADCAP torpedo program. 
(2) The enhanced modular signal processor program. 
PART B—ARMY PROGRAMS 
SEC. 111. M-l ABRAMS TANK PROGRAM. 
(a) TANK INDUSTRIAL BASE.—None of the funds appropriated for 
the Army pursuant to this Act may be used to initiate or implement 
closure of any portion of the tank industrial base. 
(b) FISCAL YEAR 1991 FUNDS.—(1) Not later than 90 days after the 
date of the enactment of this Act, the Secretary of the Army shall 
obligate $150,000,000 in advance procurement funds appropriated 
for the Army for fiscal year 1991 for the M1A2 tank program. 
(2) Section 142 of Public Law 101-510 (104 Stat. 1503) is repealed. 
(c) FISCAL YEAR 1992 FUNDS.—(1) Of the amount authorized to be 
appropriated for fiscal year 1992 pursuant to section 101(3XA)— 
(A) $90,000,000 shall be available for procurement of 60 new 
production M1A2 tanks; and 
(B) $225,000,000 shall be available for the remanufacture of 
Ml tanks. 
(2) The amount referred to in paragraph (1)(B) may be used only to 
remanufacture Ml tanks to the M1A2 configuration, except that— 
(A) if the Secretary of the Army notifies the congressional 
defense committees that the milestone IIIA decision to proceed 
with low-rate initial production of the M1A2 tank, scheduled for 
January 1992, will be delayed for more than 90 days, the 
Secretary (i) shall proceed initially with remanufacture of Ml 
tanks to the MlAl configuration and, upon a subsequent deci-
sion to proceed with such low-rate initial production, shall 
105 STAT. 1304 
PUBLIC LAW 102-190—DEC. 5, 1991 
transition to conversion from the Ml to the M1A2 configura-
tion, and (ii) may use such amount for remanufacture of Ml 
tanks to either configuration in accordance with clause (i); and 
(B) if the Secretary of the Army notifies the congressional 
defense committees that the milestone IIIA decision as to 
whether or not to proceed with low-rate initial production of the 
M1A2 tank failed to affirm production go-ahead for such low-
rate initial production, the Secretary shall proceed to use such 
amount for remanufacture of Ml tanks to the MlAl configura-
tion. 
SEC. 1
1
2
. 
REPEAL OF LEASE AUTHORITY FOR NEW TRAINING HELI-
COPTER 
PROGRAM. 
Section 361 of Public Law 101-510 (104 Stat. 1541) is repealed. 
SEC. 113. AH-64 APACHE HELICOPTER MODIFICATIONS. 
(a) AUTHORIZATION.— 
(1) Of the funds authorized to be appropriated for research, 
development, test, and evaluation for the Army for fiscal year 
1992, $31,000,000 shall be available for the AH-64C aircraft 
development program. 
(2) Of the funds authorized to be appropriated for aircraft 
procurement for the Army for fiscal year 1992^ $1,000,000 shall 
be available for the AH-64C aircraft program. 
(b) LIMITATION.—None of the funds appropriated or otherwise 
made available for aircraft procurement for the Army for fiscal 1992 
may be obligated for the AH-64B helicopter modification program 
until— 
(1) any amounts appropriated for fiscal year 1992 for the AH-
64C aircraft program have been obligated; and 
(2) the Secretary of the Army certifies to the congressional 
defense committees that the future-year defense program of the 
Department of Defense contains sufficient resources to develop 
and procure at least six AH-64C model aircraft for operational 
testing during each of fiscal years 1994 and 1995. 
SEC. 114. PROCUREMENT OF AHIP SCOUT HELICOPTERS. 
The prohibition in section 133(aX2) of Public Law 101-189 (103 
Stat. 1383) does not apply to the obligation of— 
(1) funds in amounts not to exceed $135,000,000 for the 
procurement of not more than 24 OH-58D AHIP Scout aircraft 
from funds appropriated for fiscal year 1992 pursuant to section 
101; and 
(2) funds in amounts not to exceed $90,200,000 for the procure-
ment of not more than 12 OH-58D AHIP Scout aircraft from 
funds appropriated pursuant to title XII of this Act. 
PART C—NAVY PROGRAMS 
SEC. 121. TRANSFER OF CERTAIN FUNDS FOR PROCUREMENT OF NAVY 
AIRCRAFT. 
(a) AUTHORITY.—To the extent provided in appropriations Acts, 
the Secretary of the Navy may transfer, out of the unobligated 
balance of the appropriations for the Navy for fiscal year 1991 for 
research, development, test, and evaluation that remain available 
for obligation, $851,600,000 to the appropriations for the Navy for 
fiscal year 1991 for procurement of aircraft. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1305 
(b) AvAiLABiUTY OF FuNDS.—Amounts transferred pursuant to 
sulDsection (a) shall remain available until September 30, 1992. 
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The transfer 
authority in subsection (a) is in addition to any other transfer 
authority provided in this or any other Act. 
SEC. 122. AUTHORIZATION FOR USE OF CERTAIN FUNDS FOR NAVY AIR-
CRAFT PROCUREMENT. 
(a) USE OF UNOBUGATED FUNDS.—The Secretary of the Navy may 
use $40,000,000 of fiscal year 1991 AV-8B Harrier procurement 
funds for other authorized programs, projects, and activities within 
the Navy for aircraft procurement. The authority provided in the 
preceding sentence is available only to the extent provided in appro-
priation Acts. These funds may not be used for the AV-8B Harrier 
program. 
Ob) DESCRIPTION OF FUNDS.—The amounts referred to in subsection 
(a) as fiscal year 1991 AV-8B Harrier procurement funds are 
amounts appropriated for fiscal year 1991 for the Navy for aircraft 
procurement that were provided for either advance procurement of 
new AV-8B aircraft, for remanufacturing of AV-8B aircraft, or for 
AV-8B production line termination costs. 
(c) LIMITATION ON USE OF FUNDS.—(1) None of the funds in the 
Defense Cooperation Account may be used to augment funding from 
AV-8B multiyear procurement programs for fiscal year 1989, 1990, 
or 1991 for design, testing, integration, or nonrecurring production 
costs related to the AV-8B radar upgrade program, nor to supple-
ment or replace any funds designated for AV-8B aircraft in those 
fiscal years that have been diverted for those purposes. 
(2) No funds appropriated or otherwise made available to the 
Department of Defense for fiscal year 1992 may be obligated for the 
AV-8B radar upgrade program or for the remanufacture of AV-8B 
aircraft requiring installation of a new fuselage. 
SEC. 123. AIR CUSHION LANDING CRAFT REPORT. 
Not later than March 31, 1992, the Secretary of Defense shall 
submit to the congressional defense committees a report containing 
the following information: 
(1) A goal for amphibious shipping and a discussion of how 
that goal relates to the needs of the commanders of the unified 
and specified combatant commands. 
(2) A procurement objective for air cushion landing craft 
(LCAC) and a discussion of how that objective supports the 
amphibious shipping goal. 
(3) A discussion of how the planned procurement of air cush-
ion landing craft (LCAC) in the multiyear defense plan will 
affect the inventory levels for such craft. 
SEC. 124. TRANSFER OF FUNDS FOR TRIDENT MISSILES. 
(a) AUTHORITY.—To the extent provided in appropriations Acts, 
the Secretary of the Navy may transfer, out of the unobligated 
balance of the appropriations for the Navy for fiscal year 1991 for 
other procurement that remain available for obligation, $56,700,000 
to the appropriations for the Navy for fiscal year 1992 for procure-
ment of weapons for the procurement of Trident missiles. Funds 
transferred pursuant to this subsection shall remain available until 
September 30,1993. 
49-194 O - 92 - 12 : QL. 3 Part 2 
105 STAT. 1306 
PUBLIC LAW 102-190—DEC. 5, 1991 
(b) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The transfer 
authority m subsection (a) is in addition to any other transfer 
authority provided in this or any other Act. 
PART D—AIR FORCE PROGRAMS 
SEC. 131. B-2 BOMBER AIRCRAFT PROGRAM. 
(a) AMOUNT FOR PROGRAM.—Subject to subsection (b), of the 
amount appropriated pursuant to section 103(1XA) for the Air Force 
for fiscal year 1992 for procurement of aircraft, not more than 
$2,800,000,000 may be obligated for procurement, including advance 
procurement, for the B-2 bomber aircraft program. 
(b) LIMITATIONS ON NEW PRODUCTION AIRCRAFT.—Of the amount 
referred to in subsection (a), $1,000,000,000 may be obligated for the 
procurement of not more than one new production B-2 bomber 
aircraft. None of such funds may be obligated for procurement of 
such a new production aircraft unless and until— 
(1) the Secretary of Defense submits to the congressional 
defense committees— 
(A) the certification with respect to the performance and 
procurement limit that is described in subsection (c); 
(B) the certification with respect to compliance with air-
craft ^correction-of-deficiency requirements in Public Law 
101-189 that is described in subsection (dXD; 
(C) the reports referred to in subsection (dX2); and 
(D) the report referred to in subsection (e); and 
(2) subsequent to the submission of the certification and 
reports referred to in paragraph (1), there is enacted an Act 
authorizing the obligation of such funds for the procurement of 
not more than one new production B-2 bomber aircraft. 
(c) CERTIFICATION OF PERFORMANCE AND PROCUREMENT LIMIT.—A 
certification by the Secretary of Defense referred to in subsection 
(bXlXA) is a certification— 
(1) that the performance milestones (including initial flight 
testing) for the B-2 aircraft for fiscal year 1991 (as contained in 
the B-2 full performance matrix program established under 
section 121 of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180) and section 232 of the 
National Defense Authorization Act, Fiscal Year 1989 (Public 
Law 100-456)) have been met and that any proposed waiver or 
modification to the B-2 performance matrix will be provided in 
writing in advance to the congressional defense committees; 
(2) that no major aerodynamic or flight worthiness problems 
have been identified during the B-2 aircraft testing conducted 
before October 1,1991; 
(3) that the capability to update the navigation system using 
the Coherent Map Mode of the B-2 radar has been successfully 
demonstrated; 
(4) that the basic capabilities of X-band and KU-band tran-
sponders have been successfully demonstrated; 
(5) that the baseline analysis of the radar cross-section signa-
ture data for Air Vehicle 1 (AV-1) has been completed; 
(6) that the test program for the B-2 aircraft has dem-
onstrated 
sufficiently the following 
critical 
performance 
characteristics from flight testing to provide a high degree of 
confidence in mission accomplishment: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1307 
(A) Detection and survivability. 
(B) Air vehicle performance. 
(C) Strength and durability of the structure. 
(D) Offensive and defensive avionics. 
(E) Weapon separation testing planned (as of August 1, 
1991) to take place during fiscal year 1992; and 
(7) that the original radar cross section operationsil perform-
ance objectives of the B-2 aircraft have been successfully dem-
onstrated from flight testing. 
(d) CERTIFICATION OF COMPLIANCE WITH B - 2 AIRCRAFT CORREC-
TION-OF-DEFICIENCY REQUIREMENTS IN PUBLIC LAW 101-189.—(1) A 
certification by the Secretary of Defense referred to in subsection 
(b)(1)(B) is a certification that the Secretary of the Air Force has 
entered into a contract for the procurement of B-2 aircraft au-
thorized for fiscal years 1989 and 1990 that meets the requirements 
of section 117(d) of Public Law 101-189 relating to correction-of-
deficiencies clauses in B-2 aircraft procurement contracts. 
(2) The Secretary of Defense shall submit forthwith to the congres- Reports, 
sional defense committees the reports (relating to correction-of-
deficiencies clauses in B-2 aircraft procurement contracts) required 
by section 117 of Public Law 101-189. 
(e) Low OBSERVABILITY REPORT.—A report of the Secretary of 
Defense referred to in subsection (bXl)(D) is a report submitted to 
the congressional defense committees with respect to the B-2 air-
craft program that includes the following: 
(1) An assessment by the Secretary of Defense of whether the 
B-2 aircraft will meet its low observability (including radar 
cross section) requirements, including requirements which were 
not fulfilled in a B-2 flight test in July 1991. 
(2) A description of any additional actions required to Eissure 
the B-2 aircraft will meet its low observability requirements, 
which were not planned for the B-2 aircraft program as of July 
1991, and the costs associated with any such actions. 
(3) A description of the mission of the B-2 aircraft. 
(4) An assessment by the Secretary of Defense concerning the 
number of B-2 aircraft necessary for a cost-effective and oper-
ationally effective force to carry out the mission referred to in 
paragraph (3). 
SEC. 132. B-IB BOMBER AIRCRAFT PROGRAM. 
(a) REPORT BY DIRECTOR OF OPERATIONAL TEST AND EVALUATION.— 
(1) The Director of Operational Test and Evaluation of the Depart-
ment of Defense shall review all B-IB bomber aircraft flight test 
data related to the electronic countermeasures (ECM) system for 
that aircraft and shall submit to the congressional defense commit-
tees a report on the results of the review. 
(2) The report required by paragraph (1) shall include the 
following: 
(A) An assessment of the realism of the threat environment 
against which the CORE program was tested. 
(B) An assessment of whether the CORE program, if imple-
mented on the B-1 bomber fleet, would result in an operation-
ally effective and operationally suitable program. 
(C) A comparison of the operational effectiveness of the B-IB 
bomber with the currently fielded ALQ-161A ECM system to 
the B-IB bomber with the CORE configuration of the ALQ-
161A ECM system. 
105 STAT. 1308 
PUBLIC LAW 102-190—DEC. 5, 1991 
(D) An assessment of the extent to which completed Air Force 
testing of the CORE program validates claims that installation 
of the CORE capability fleetwide would reduce logistics require-
ments and maintenance costs and increase B-1 operational 
availability. 
(E) An assessment of the maturity of the CORE program and 
whether testing to date is adequate to support a procurement 
decision. 
(3) The report required by paragraph (1) shall be submitted not 
later than 90 days after the date of the enactment of this Act. 
(h) DEPARTMENT OF DEFENSE EVALUATION AND REPORT.—(1) The 
Secretary of Defense shall evaluate the costs and effectiveness of 
taking various actions to maintain or enhance the capabilities of the 
B-IB bomber aircraft and shall submit to the congressional defense 
committees a report on the results of the evaluation. 
(2) The report required by parsigraph (1) shall include the follow-
ing matters: 
(A) A comparison of the projected 20-year life-cycle costs of 
maintaining the B-IB bomber aircraft— 
(i) with the current configuration of the ALQ-161A ECM 
system; 
(ii) with the CORE configuration of the ALQ-161A ECM 
system; and 
(iii) with the modification and installation of an existing 
ECM suite, such £is the ALQ-172 system on B-52 bombers. 
(B) A comparison of the projected operational availability of 
the B-IB bomber aircraft for conventional and nuclear bombing 
missions— 
(i) with the current configuration of the ALQ-161A ECM 
svstem* 
(ii) with the CORE configuration of the ALQ-161A ECM 
system; and 
(iii) with the modification and installation of an existing 
ECM suite, such as the ALQ-172 system on B-52 bombers. 
(C) An assessment of the costs and effectiveness of taking 
various actions to maintain or enhance the penetration capabili-
ties of the B-IB bomber aircraft, to include— 
(i) undertaking the CORE modification of the ALQ-161A 
ECM system; 
(ii) adding and integrating radar warning receivers for 
situation awareness into the B-IB bomber aircraft; 
(iii) undertaking the augmentations of the B-IB bomber 
aircraft evaluated in the report to Congress required by 
section 121(e) of Public Law 101-189 (103 Stat. 1379); 
(iv) implementing the modifications identified in the Gen-
eral Accounting Office report entitled "B-IB Cost and 
Performance" (GAO/NSIAD 89-55); and 
(v) providing all conventional capabilities currently avail-
able on or planned for B-52G, B-52H, and B-2 bombers. 
(D) A detailed plan for making each modification of B-IB 
bomber aircraft proposed for fiscal years 1992 through 1999, 
including— 
(i) the schedule for the modification; 
(ii) the cost of the modification for each such fiscal year; 
and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1309 
(iii) the total expected cost of each modification for which 
the procurement is planned not to be completed before 
fiscal year 2000. 
(E) A comparison (carried out using then-year dollars) of the 
total cost for investment for modifications and upgraded 
capabilities and for operations and support over a period of 20 
years (including the cost of appropriate aerial refueling tanker 
support) for each of the following options for the bomber force: 
(i) Retaining in the force the B-52G and B-52H bombers 
currently in the force and retiring the B-IB bombers cur-
rently in the force. 
(ii) Retaining in the force the B-52G and B-IB bombers 
currently in the force and retiring the B-52H bombers 
currently in the force, with the cost of retaining the B-IB 
bombers computed by including the costs of modifying 
those bombers to carry cruise missiles and of modifying 
those bombers to carry out conventional missions for which 
B-52H bombers are currently assigned. 
(iii) Retaining in the force the B-52H and B-IB bombers 
currently in the force and retiring the B-52G bombers 
currently in the force, with the cost of retaining the B-52H 
and B-IB bombers computed by including the costs of 
modifying B-52H or B-IB bombers as necessary to carry 
out conventional missions to which B-52G bombers are 
* 
currently assigned. 
(iv) Retaining in the force the B-52G, B-52H, and B-IB 
bombers currently in the force, with the cost of retaining 
the B-IB bombers computed by including the costs of 
modifying those bombers for delivering only improved 
conventional munitions. 
(v) Retaining in the force the B-IB bombers currently in 
the force and retiring the B-52G and B-52H bombers cur-
rently in the force, with the cost of retaining the B-IB 
bombers computed by including the costs of modifjdng those 
bombers to carry cruise missiles and to carry out conven-
tional missions to which B-52G and B-52H bombers are 
currently assigned. 
(F) A statement of the number of heavy bombers, other than 
bombers with low observable (stealth) characteristics, required 
for conventional bombing missions, taking into consideration 
the historical use of heavy bombers in conventional warfare. 
(3) The report required by paragraph (1) shall be submitted not 
later than 90 days after the date of the enactment of this Act. 
(4) The Secretary shall certify in such report that each proposed 
modification described in paragraph (2XD)— 
(A) is necessary in order to extend the period during which 
the B-IB bomber aircraft can effectively perform nuclear and 
conventional bombing missions; and 
(B) is cost-effective. 
(c) REVIEW AND REPORT BY THE COMPTROLLER GENERAL.—(1) 
The 
Comptroller General shall review and evaluate the report required 
by subsection (a) and the report required by subsection (b). 
(2) Within 90 days after the date of the submission of those 
reports, the Comptroller Greneral shall submit to the congressional 
defense committees a report on the results of that review and 
evaluation, together with such recommendations as he considers 
appropriate. 
105 STAT. 1310 
PUBLIC LAW 102-190—DEC. 5, 1991 
(d) FISCAL YEAR 1992 FUNDING FOR B-IB PROCUREMENT.—(1) Of 
the funds authorized to be appropriated by this Act for the Air Force 
for fiscal year 1992 for the procurement of aircraft, $202,700,000 
shall be available for the B-IB bomber program. 
(2) Of the amount referred to in paragraph (1), not more than 
$20,000,000 may be obligated to obtain level three technical draw-
ings for the CORE ECM S3rstem. Those funds may not be expended 
for the procurement of hardware or for implementation of the 
CORE configuration modification to the B-IB aircraft. 
(3) Of the amount referred to in paragraph (1), not more than 
$67,000,000 may be obligated for deferred logistics activities. 
(4) No amount may be obligated for a purpose stated in paragraph 
(2) or (3) until a period of 15 calendar days has elapsed after the 
reports required by subsections (a), (b), and (c) have been submitted 
to the congressional defense committees. 
(e) REPEAL OF AUTHORITY FOR FUNDING FOR B-IB AVIONICS MODI-
FICATIONS.—Subsection (f) of section 121 of Public Law 101-189 (103 
Stat. 1380) is repealed. 
if) PROHIBITION REGARDING RADAR WARNING RECEIVER PROJECT.— 
Funds may not be obligated to carry out project 3895 contained in 
Air Force program element 64270F. 
SEC. 133. C-17 AIRCRAFT PROGRAM. 
(a) USE OF AUTHORIZED APPROPRIATIONS.—Of the amounts 
au-
thorized to be appropriated for the Air Force for aircraft procure-
ment by section 103, not more than the following amounts may be 
made available for procurement of the C-17 aircraft for fiscal year 
1992: 
(1) $1,525,203,000 for procurement. 
(2) $122,424,000 for advance procurement. 
(3) $126,200,000 for spare parts. 
Reports. 
(b) LIMITATION FOR FiscAL YEAR 1992.—Of the funds appropriated 
for the Department of Defense for fiscal year 1992 that are made 
available for the C-17 aircraft program (other than funds for ad-
vance procurement), not more thsin $400,000,000 may be obligated 
for the procurement of C-17 aircraft until the Secretary of Defense 
submits to the congressional defense committees a report that— 
(1) describes the total cost to complete the full-scale develop-
ment contract for that aircraft, identifying both the total cost to 
be borne by the Government and those costs to be borne solely 
by the contractor; 
(2) contains a projection of how potential cost overruns under 
that contract would affect subsequent production contract 
prices; 
(3) includes a certification by the Secretary that the first 
flight of the first development aircraft under that program, and 
the first flight of the first production aircraft under that pro-
gram, have both been completed; 
(4) sets forth in detail all reductions made in performance 
specifications for the C-17 aircraft since the signing of the 
original development contract under the program; and 
(5) includes a certification by the Chairman of the Joint 
Chiefs of Staff (made after consultation with the commanders of 
the unified and specified combatant commands)— 
(A) that the reductions in performance specifications re-
ferred to in paragraph (4) do not reduce the military utility 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1311 
of the C-17 aircraft below the levels needed by those 
commanders; and 
(B) that the C-17 aircraft continues to be the most cost-
effective means to meet current and projected airlift 
requirements, 
(c) LIMITATION FOR FISCAL YEAR 1993.—None of the funds appro-
priated for the Department of Defense for fiscal year 1993 that are 
made available for the C-17 aircraft program (other than funds for 
advance procurement) may be obligated before— 
(1) the Air Force has accepted delivery of the fifth production 
aircraft under that program; and 
(2) the Director of Operational Test and Evaluation of the 
Department of Defense— 
(A) has evaluated the performance of the C-17 aircraft 
with respect to critical operational issues after the first 50 
flight hours of flight testing conducted during initial oper-
ational testing and evaluation of the aircraft; and 
(B) has provided to the Secretary of Defense and to the 
congressional defense committees an early operational 
assessment of the aircraft regarding both the aircraft's 
overall suitability and deficiencies in the aircraft relative to 
(i) the initial requirements and specifications for the air-
craft, and (ii) the current requirements and specifications 
for the aircraft. 
SEC. 134. F100/220E ENGINE REMANUFACTURE KITS. 
Funds available to be obligated for procurement of remanufacture 
kits for the F100/220E engines may be obligated only if the contract 
includes a warranty on the reliability of the complete engine. 
SEC. 135. ADVANCED CRUISE MISSILE. 
Section 136 of Public Law 101-510 (104 Stat. 1502) is amended— 
(1) by inserting "and" at the end of subparagraph (A) of 
paragraph (1); 
(2) by striking out subparagraph (C) of paragraph (1); 
(3) by striking out paragraphs (2) and (3); and 
(4) by redesignating paragraph (4) as paragraph (2). 
SEC. 136. TEMPERATURE SPECIFICATION FOR AIR-LAUNCHED CRUISE 
MISSILE FLIGHT DATA TRANSMITTER; REVIEW OF TESTING 
METHODOLOGIES. 
(a) PLAN.—Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall develop and begin im-
plementing a plan to correct the failure by the contractor to deliver 
flight data transmitters for the air-launched cruise missile that 
comply with the applicable cold temperature specifications requir-
ing the data transmitters to operate after prolonged exposure to 
temperatures as low as minus 65 degrees Fahrenheit. 
Ot)) REVIEW OF TESTING METHODOLOGIES.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall conduct a review of the testing methodologies used to ascertain 
compliance with cold temperature specifications required under 
defense contracts, including the specification requiring flight data 
transmitters for the air-launched cruise missile to operate after 
prolonged exposure to temperatures as low as minus 65 degrees 
Fahrenheit. The review shall include an assessment of the implica-
105 STAT. 1312 
PUBLIC LAW 102-190—DEC. 5, 1991 
tions of applying such a method uniformly throughout the Depart-
ment of Defense. 
(c) 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 on implementation of the plan developed under subsection (a) 
and the results of the review conducted under subsection Ot)). 
SEC. 137. F-15 AIRCRAFT PROGRAM. 
(a) AvAiLABiUTY OF F-15 SALES PROCEEDS FOR PROCUREMENT OF 
REPLACEMENT F-15 AIRCRAFT.—Of the funds received by the United 
States from the sale of F-15 aircraft to Saudi Arabia as described in 
the certification transmitted to the Congress pursuant to section 
36(b)(1) of the Arms Export Control Act on August 26, 1990 
(transmittal number 90-36)— 
(1) $250,000,000 may be used for the procurement of F-15E 
aircraft in order to replace the F-15 aircraft sold to Saudi 
Arabia; and 
(2) $364,000,000 may be used for the procurement of support 
equipment for the F-15 aircraft fleet. 
(b) CONSTRUCTION WITH PRIOR LAW.—The prohibition in section 
134(aX2) of Public Law 101-189 (103 Stat. 1383) does not apply to the 
obligation of funds for the purposes described in subsection (a) or for 
the acquisition of F-15 aircraft for which funds are authorized to be 
appropriated in title XII of this Act. 
SEC. 138. AMRAAM MISSILE PROGRAM. 
Section 163 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1389) is amended 
by adding at the end the following new subsection: 
"(d) ALTERNATIVE REMOVAL OF FUNDING LIMITATION.—The limita-
tion on the obligation of funds for full-rate production of the 
AMRAAM system set forth in subsection (a) shall cease to apply 
upon the submission by the Director of Operational Test and 
Evaluation to the congressional defense committees of a report 
stating that, based upon the operational test and evaluation con-
ducted on the AMRAAM system to the date of the report, it is the 
opinion of the Director that the results of such test and evaluation 
confirm that such system is effective and suitable for combat.". 
SEC. 139. F-117 AIRCRAFT PROGRAM. 
The number of new production F-117 aircraft procured using 
funds appropriated for fiscal years after fiscal year 1991 may not 
exceed 12, 
PART E—DEFENSE AGENCY PROGRAMS 
SEC. 141. C-20 AIRCRAFT PROGRAM. 
Of the funds authorized to be appropriated or otherwise made 
available for procurement for the Defense Agencies for fiscal year 
1992, $93,000,000 shall be available for procurement of three Gulf-
stream IV C-20F operational support aircraft. The Secretary of 
Defense shall assign the three additional C-20F aircraft to meet the 
operational support aircraft requirements of the Department of 
Defense. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1313 
SEC. 142. MC-130H (COMBAT TALON) AIRCRAFT PROGRAM. 
Section 161(a) of Public Law 101-189 (103 Stat. 1388) is amended 
by striking out "and the procurement of contractor-furnished equip-
ment". 
SEC. 143. MH-47E/MH-60K HELICOPTER MODIFICATION PROGRAMS. 
The requirements of subsections (a)(2) and (h) of section 2366, of 
title 10, United States Code, and the requirements of section 2399(a) 
of such title, shall apply to the MH-60K and MH-47E helicopter 
modification programs as if the date on which those programs 
proceed beyond low-rate initial production is the day that is one 
year after the date of the enactment of this Act. 
PART F—OTHER MATTERS 
SEC. 151. CHEMICAL WEAPONS STOCKPILE DISPOSAL PROGRAM. 
(a) CHANGE IN STOCKPILE ELIMINATION DEADLINE.—Subsection 
(b)(5) of section 1412 of the Department of Defense Authorization 
Act, 1986 (50 U.S.C. 1521), is amended by striking out "April 30, 
1997" and inserting in lieu thereof "July 31,1999". 
(h) CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY.— 
Subsection (c)(3) of such section is amended by adding at the end the 
following: "Additionally, the Secretary may provide funds through 
cooperative agreements with State and local governments for the 
purpose of sissisting them in processing and approving permits and 
licenses necessary for the construction and operation of facilities to 
carry out this section. The Secretary shall ensure that funds pro-
vided through such a cooperative agreement are used only for the 
purpose set forth in the preceding sentence.". 
SEC. 
1
5
2
. 
GROUND-WAVE 
EMERGENCY 
NETWORK. 
Section 132 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1501) is amended by 
inserting "before October 1,1992, and" before "until—". 
SEC. 153. LIMITATIONS RELATING TO REDEPLOYMENT OF MINUTEMAN 
III ICBMS. 
(a) PROHIBITION REGARDING OPERATIONALLY DEPLOYED MISSILES.— 
Funds appropriated for fiscal year 1992 or any fiscal year preceding 
fiscal year 1992 pursuant to an authorization contained in this or 
any other Act may not be obligated or expended for the redeploy-
ment or transfer of operationally deployed Minuteman III inter-
continental ballistic missiles from one Air Force ICBM base to 
another Air Force ICBM base. 
(b) LIMITATION REGARDING STORED MISSILES.—No Minuteman III 
missile in storage may be transferred to a Minuteman II silo until 
the Secretary of Defense submits to Congress a plan for the 
restructuring of the United States strategic forces consistent with 
the strategic arms reduction talks (START) treaty signed by the 
United States and the Soviet Union. Such plan sh^l include— 
(1) a discussion of the force structure options that were consid-
ered in developing the plan; 
(2) for each option, the locations for the Minuteman III ICBMs 
and Small ICBMs and the number of each such type of missile 
for each location; 
(3) the cost of each such option; and 
105 STAT. 1314 
PUBLIC LAW 102-190—DEC. 5, 1991 
(4) the reasons for selecting the force structure provided for in 
the plan. 
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 
1992 for the use of the Armed Forces for research, development, test, 
and evaluation as follows: 
(1) For the Army, $6,686,600,000. 
(2) For the Navy, $8,633,875,000. 
(3) For the Air Force, $14,467,094,000. 
(4) For the Defense Agencies, $10,269,034,000, of which— 
(A) $228,495,000 is authorized for the activities of the 
Deputy Director, Defense Research and Engineering (Test 
and Evaluation); and 
(B) $14,200,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
SEC. 202. AMOUNTS FOR BASIC RESEARCH AND EXPLORATORY DEVEL-
OPMENT. 
(a) FISCAL YEAR 1992.—Of the amounts authorized to be appro-
priated by section 201, $4,179,933,000 shall be available for basic 
research and exploratory development projects. 
O
t
)
) 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. 
SEC. 203. MANUFACTURING TECHNOLOGY. 
(a) FUNDING.—Of the amounts authorized to be appropriated by 
section 201, $280,000,000 shall be available for, and may be obligated 
only for, manufacturing technology as follows: 
(1) For 
the 
Army 
Industrial 
Preparedness 
program, 
$28,058,000. 
(2) For 
the 
Navy 
Industrial 
Preparedness 
program, 
$74,407,000. 
(3) For the Air Force Industrial Preparedness program, 
$60,535,000. 
(4) For the Defense Agencies, $117,000,000, of which— 
(A) $17,000,000 is authorized for the Defense Logistic 
Agency Industrial Preparedness program; and 
(B) $100,000,000 is authorized for Advanced Manufactur-
ing Technology. 
(b) DEFINITION.—For the purposes of this section, the term "indus-
trial 
preparedness" 
means 
the 
Manufacturing 
Technology 
(MANTECH) program. 
(c) SUBMISSION OF ANNUAL PLAN TO CONGRESS.—Section 2513 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking out "a National" and insert-
ing in lieu thereof "an annual National"; and 
(2) by adding at the end the following new subsection: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1315 
"(e) The Secretary shall submit the annual Plan to Congress not 
later than March 15 of each year. The Plan may be submitted in 
classified and unclassified versions.". 
(d) LIMITATION.—No fiinds appropriated for fiscal year 1992 or 
1993 may be obligated for a manufacturing technology-related re-
search and development activity unless that particular activity— 
(1) is specifically included in the National Defense Manufac-
turing Technology Plan submitted to Congress during the 
preceding fiscal year pursuant to section 2513(a) of title 10, 
United States Code (as amended by subsection (c)); 
(2) is required by law; or 
(3) is specifically approved by the Secretary of Defense. 
SEC. 204. AUTHORIZATION TO MAKE CERTAIN FISCAL YEAR 1991 NAVY 
FUNDS AVAILABLE FOR OTHER PURPOSES. 
(a) AUTHORITY.—The Secretary of the Navy may use fiscal year 
1991 Sea Lance funds (1) for program termination costs related to 
the termination of the Sea Lance weapon system, and (2) for other 
authorized programs, projects, and activities of the Navy for re-
search, development, test, and evaluation for fiscal year 1991 or for 
fiscal year 1992. The authority provided in the preceding sentence is 
available only to the extent provided in appropriations Acts, not to 
exceed $71,000,000. 
(b) DESCRIPTION OF FUNDS.—The funds referred to in subsection (a) 
as fiscal year 1991 Sea Lance funds are amounts appropriated for 
fiscal year 1991 for the Navy for research, development, test, and 
evaluation that were provided for the Sea Lance weapon system and 
that remain available for obligation and (due to the termination of 
that system) are no longer required for that system (other than for 
program termination costs). 
(c) AVAILABILITY OF FUNDS.—This section does not extend the 
period of the availability for obligation of the funds described in 
subsection (b). 
PART B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS 
SEC. 211. V-22 OSPREY AIRCRAFT PROGRAM. 
(a) FUNDING.—Of the funds authorized to be appropriated pursu-
ant to section 201 or otherwise made available for research, develop-
ment, test, and evaluation for the Navy for fiscal year 1992, the sum 
of $790,000,000 shall be used only for development, manufacture, 
and operational test of three production representative V-22 Osprey 
aircraft, of which the amount of $165,000,000 is derived by transfer 
pursuant to subsection (b). The authority under the preceding sen-
tence is available only to the extent provided in appropriation Acts. 
(b) TRANSFER OF UNOBLIGATED FISCAL YEAR 1991 FUNDS.—To the 
extent provided in appropriations Acts, the Secretary of the Navy 
shall transfer, out of any funds appropriated to the Navy for fiscal 
year 1991 for procurement of aircraft that remain available for 
obligation, $165,000,000 for research, development, test, and evalua-
tion in connection with the V-22 Osprey aircraft program. The 
preceding sentence does not extend the period of the availability for 
obligation of amounts transferred under that sentence. 
(c) AVAILABILITY OF FUNDS FOR THE SPECIAL OPERATIONS VARI-
ANT.—Of the amounts authorized to be appropriated pursuant to 
section 201(4) for the Defense Agencies for fiscal year 1992, 
$15,000,000 shall be available for research, development, test, and 
105 STAT. 1316 
PUBLIC LAW 102-190—DEC. 5, 1991 
evaluation in connection with the special operations variant of the 
V-22 Osprey aircraft. 
SEC. 212. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED AD-
VANCED CHEMICAL 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 1992 unless such 
testing is specifically authorized by law. 
SEC. 213. A-(X) ADVANCED TACTICAL AIRCRAFT, NAVY. 
The Secretary of Defense may not classify the total acquisition 
cost and the acquisition schedule for the A-(X) (next-generation 
naval attack aircraft) program at the level of special access classi-
fication. 
SEC. 214. F-22 ADVANCED TACTICAL FIGHTER AIRCRAFT PROGRAM, AIR 
FORCE. 
(a) FINDINGS.—Congress finds— 
(1) that the emphasis placed on manufacturing in the next 
phase of the F-22 Advanced Tactical Fighter (ATF) aircraft 
program is a correct and significant step toward an appropriate 
acquisition system for the 1990s and beyond; 
(2) that the objective of the next phase of the ATF program, 
known as the Engineering and Manufacturing Development 
Phase, should be to complete a production representative design 
(verified by testing production protot3^es) with known cost and 
minimal risk for the Production Phase; and 
(3) that the Air Force, having demonstrated satisfactory ATF 
system performance in the Demonstration Validation Phase, 
should give priority in the Engineering and Manufacturing 
Development Phase to investing in ATF manufacturing tech-
nologies over improving ATF performance. 
(b) MANUFACTURING AND AFFORDABILITY.—The Secretary of 
the 
Air Force shall elevate manufacturing considerations during the 
Engineering and Manufacturing Development Phase of the ATF 
program— 
(1) by accepting small reductions in aircraft performance, if 
necessary, to achieve a more producible and affordable produc-
tion design; 
(2) by directing the contractor to evaluate a wide selection of 
alternative production processes and technologies (including use 
of commercial standards or practices of manufacturing tech-
nology) for production of the aircraft; and 
(3) by investing funds in those processes and technologies 
evaluated pursuant to paragraph (2) which have the highest 
cost or quality return on investment, with the objective of 
further lowering production costs and improving supportability. 
(c) REPORT.—The Secretary of the Air Force shall submit to the 
congressional defense committees a report covering the production 
processes evaluated under subsection (bX2) and the analysis support-
ing those processes which are ultimately selected under subsection 
(bX3) for use in production. The report shall be submitted before 
fabrication of the first production prototjrpe airframe is begun. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1317 
SEC. 215. SUPERCOMPUTER MODERNIZATION PROGRAM. 
(a) PLAN.—(1) The Secretary of Defense, acting through the Direc-
tor, Defense Research and Engineering (DDR&E), shall develop a 
plan by which the Department of Defense, beginning in fiscal year 
1993, will modernize the supercomputer capability of Department of 
Defense laboratories. The plan shall include determinations of the 
equipment and software to be procured or leased and a schedule for 
the funding required to carry out the plan. 
(2) The plan shall be developed by April 1, 1992. The Secretary 
shall submit the plan to the Committees on Armed Services of the 
Senate and the House of Representatives not later than that date. 
(b) PROHIBITION OF NON-DOMESTIC ALTERNATIVES.—None of 
the 
equipment planned to be procured or leased under the plan may be 
obtained from a non-United States computer manufacturer unless 
the Secretary of Defense certifies to Congress that no United States 
computer manufacturer can meet the requirement being met by 
that procurement. 
SEC. 216. MANAGEMENT OF NAVY MINE COUNTERMEASURES PROGRAMS. 
(a) RESPONSIBILITY.—Subject to the authority, direction, and con-
trol of the Secretary of Defense, the Director, Defense Research and 
Engineering shall have the primary responsibility for developing 
and testing naval mine countermeasures systems during fiscal years 
1993 through 1997. 
(b) WAIVER AUTHORITY.—The Secretary of Defense may waive the 
requirement in subsection (a) with respect to any fiscal year if, not 
later than June 1 of the calendar year in which that fiscal year 
begins, the Secretary certifies to the congressional defense commit-
tees that— 
(1) the Secretary of the Navy, in consultation with the Chief 
of Naval Operations and the Commandant of the Marine Corps, 
h£is submitted to the Secretary of Defense an updated mine 
countermeasures master plan that identifies— 
' 
(A) technologies having promising potentisil for use for 
improving mine countermeasures; and 
(B) programs for advancing those technologies into 
production; 
(2) the budget submitted to Congress pursuant to section 
1105(a) of title 31, United States Code, for that fiscal year and 
the multiyear defense program submitted to Congress in 
connection with that budget pursuant to section 114a of title 10, 
United States Code, propose sufficient resources for executing 
the updated mine countermeasures master plan; and 
(3) the Chairman of the Joint Chiefs of Staff has determined 
that the budget resources for mine countermeasures and the 
updated mine countermeasures master plan are sufficient. 
SEC. 217. NON-ACOUSTIC ANTI-SUBMARINE WARFARE PROGRAM. 
After December 31, 1991, funds appropriated or otherwise made 
available to the Department of the Navy for fiscal years 1992 and 
1993 may not be obligated for research, development, test, and 
evaluation for non-acoustic anti-submarine warfare unless the Sec-
retary of Defense has certified to the congressional defense commit-
tees, before any such obligation, that— 
(1) the Department of Defense is conducting two viable, 
independent non-acoustic anti-submarine warfare programs 
within the Department; and 
105 STAT. 1318 
PUBLIC LAW 102-190—DEC. 5, 1991 
(2) at least one such program is not managed within the 
Department of the Navy. 
SEC. 218. ANTI-SUBMARINE WARFARE WEAPON SYSTEM REQUIREMENTS. 
(a) REPORT.—The Secretary of the Navy shall submit to the 
congressional defense committees a report containing an analysis of 
the requirements of the Navy for antisubmarine weapons systems 
and the program and plans of the Navy for meeting those require-
ments. 
(b) CONTENT OF REPORT.—The report shall include the following: 
(1) A description of the operational requirements of the Navy 
for antisubmarine weapons for launch from submarines, for 
launch from surface ships, and for launch from aircraft. 
(2) A description of weapons and alternative candidate weap-
ons systems, concepts, and technologies that could satisfy those 
operational requirements, to include heavyweight torpedoes, 
lightweight torpedoes, quick-reaction weapons for surface ships, 
long-range weapons for surface ships, long-range weapons for 
submarines, and any other weapons concept considered for 
meeting the requirements stated in paragraph (1). 
(3) An estimate of the costs associated with developing, acquir-
ing, operating, and maintaining each of the weapons and alter-
natives described under paragraph (2). 
(4) A detailed description of the programs and plans of the 
Navy for meeting its antisubmarine weapons systems require-
ments and for developing, acquiring, and operating antisub-
marine weapons, including identification of funding requested 
for those programs and plans for fiscal year 1993. 
(c) DEADUNE FOR SUBMISSION OF REPORT.—The report under 
subsection (a) shall be submitted not later than May 15, 1992. 
SEC. 219. SHIP-TO-SHORE FIRE SUPPORT. 
Establishment. 
(a) R&D PROGRAM.—The Secretary of the Navy shall establish a 
naval surface fire support research and development program. The 
Secretary shall, with the budget request for fiscal year 1993, submit 
to the congressional defense committees a review of the fiscal year 
1992 program for investigation, demonstration, and evaluation of 
potential technologies and weapons systems for improving ship-to-
shore fire support. 
(b) INITIAL REPORT.—Not later than six months after the date of 
the enactment of this Act, the Secretary of the Navy shall submit to 
the congressional defense committees a comprehensive report on 
naval ship-to-shore fire support requirements. The report shall be 
prepared in consultation with the Chief of Naval Operations and the 
Commandant of the Marine Corps and shall include the following: 
(1) A description of operational requirements of the Navy and 
of the Marine Corps for naval surface fire support of amphib-
ious and strike operations and a summary of the analysis 
supporting these requirements. 
(2) A survey of the edternative technologies and other options 
which could be useful in meeting the requirements described 
under paragraph (1), including specifically— 
(A) options based on guns, multiple-launch rockets, or 
missiles; and 
(B) references to relevant activities being pursued by 
other military departments and Defense agencies and in 
private industry. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1319 
(3) Identification of the funds requested for fiscal year 1993 for 
ship-to-shore fire support, identification of plans and programs 
for ship-to-shore fire support programs in future years, and a 
description of the plan of the Navy for improving ship-to-shore 
fire support in the near term (with improvements that are 
capable of being introduced into the fleet within five years). 
(c) SECOND REPORT.—No later than one year after the date of the 
enactment of this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a second report on ship-to-shore 
fire support. That report shall include the following: 
(1) A cost and operational effectiveness analysis (COEA) based 
on the requirements and technologies identified in the report 
under subsection (b), to include evaluation of the effectiveness 
and use of gun, multiple-launch rocket, and missile systems for 
surface fire support, both independently and in conjunction 
with fires from attack helicopter and fixed-wing aircraft. 
(2) The near-term plans and the long-term plans of the Navy 
for meeting its ship-to-shore fire support requirements and a 
description of the research, development, test, and evaluation 
programs and of the procurement programs to be carried out in 
support of those plans. 
(d) INDEPENDENT STUDY AND ANALYSIS.—(1) The Secretary of De- Reports. 
fense shall provide for an independent study of naval ship-to-shore 
fire support requirements to be conducted by the Institute for 
Defense Analysis, a Federal contract research center. The study 
shall include (A) an assessment of the operational requirements of 
the Navy and of the Marine Corps for naval surface fire support of 
amphibious and strike operations and an independent review and 
analysis of alternative candidates for meeting both near-term 
requirements and long-term requirements for ship-to-shore fire sup-
port, and (B) an evaluation of the use and cost effectiveness of gun, 
multiple-launch rocket, and missile systems for ship-to-shore fire 
support. The Institute shall submit interim and final reports to the 
Secretary on such study at such times as the Secretary may require. 
(2) The Secretary shall submit an interim report on the results of 
the study under paragraph (1) to the congressional defense commit-
tees within six months after the date of the enactment of this Act. 
The interim report shall focus on near-term systems and concepts 
that can be introduced into the fleet within five years and shall 
identify the preferred technologies for development in the near 
term. 
(3) The Secretary shall submit a final report on the results of the 
study to the congressional defense committees within one year after 
the date of the enactment of this Act. The final report shall include 
a more thorough survey of the available and projected technologies 
that may be relevant to the mission requirements of the Navy for 
surface ship-to-shore fire support during the period ten-to-fifteen 
years after the date of the enactment of this Act. 
(e) RESTRICTION ON USE OF FUNDS.—Of the funds appropriated 
pursuant to authorizations of appropriations in this Act for the 
Navy ship-to-shore fire support program— 
(1) up to $2,500,000 may be used for the study required by 
subsection (b) and for the cost and operational effectiveness 
analysis required under subsection (c); and 
(2) up to $1,500,000 may be used for the study required under 
subsection (d). 
105 STAT. 1320 
PUBLIC LAW 102-190—DEC. 5, 1991 
Establishment. 
Reports. 
SEC. 220. SUPERCONDUCTING MAGNETIC ENERGY STORAGE PROJECT. 
(a) PROJECT OFFICE.—The Secretary of Defense shall establish or 
designate an office within the Department of Defense to have 
responsibility for the Superconducting Magnetic Energy Storage 
Project. The project shall be carried out in coordination with the 
Secretary of Energy. 
(b) PLAN.—(1) The Secretary of Defense shall develop a plan for 
the project. The plan shall be developed in cooperation with the 
Secretary of Energy and shall include provisions for sharing of the 
costs of the project by each Department. 
(2) The plan shall be designed so as to lead to the demonstration of 
an engineering test model of the superconducting magnetic storage 
system. 
(3) The plan shall be submitted to the Congress not later than 
April 1,1992. 
(c) FUNDING FOR FISCAL YEAR 1992.—Of the amounts authorized to 
be appropriated pursuant to section 201 for fiscal year 1992, 
$20,000,000 shall be available to conduct planning and initial design 
activities for the project. 
SEC. 221. SEALIFT RESEARCH AND DEVELOPMENT. 
The Secretary of the Navy may transfer not to exceed $25,000,000 
from unobligated funds appropriated for the Navy for fiscal year 
1991 for shipbuilding and conversion and made available for sealift 
to amounts appropriated for the Navy for fiscal year 1992 for 
research, development, test, and evaluation, to be available for the 
sealift program established pursuant to section 1424 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1683; 10 U.S.C. 7291 note). The authority under the 
preceding sentence is available only to the extent provided in appro-
priations Acts. 
SEC. 222. ICBM MODERNIZATION PROGRAM. 
(a) FUNDING.—Of the amounts appropriated pursuant to section 
201 for fiscal year 1992, not more than $566,444,000 shall be avail-
able for the intercontinental ballistic missile (ICBM) modernization 
program, of which— 
(1) not more than $548,838,000 shall be available for the small 
ICBM (SICBM) program; and 
(2) none shall be available for the rail garrison MX (RGMX) 
program. 
(h) LIMITATION.—(1) The funds described in subsection (aXD may 
not be obligated until the Secretary of Defense certifies to the 
congressional defense committees that a sufficient amount of such 
funds will be obligated to conduct a viable program of research and 
development of mobile basing options for the SICBM program 
consistent with the sense of Congress set forth in section 231(bX4) of 
the National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 104 Stat. 1516). 
(2) Not later than 90 days after the date on which the Secretary 
makes a certification under paragraph (1), the Secretary shall 
submit to the congressional defense committees a report describ-
ing— 
(A) the revised research and development program for SICBM 
mobile basing options; 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1321 
(B) the amount of the funds that the Secretary intends to 
obligate in each of fiscal years 1992 through 1997 for such 
program; and 
(C) the earliest date on which a SICBM mobile basing option 
will be available in the event that conditions warrant a rebasing 
of the missile from existing Minuteman ICBM silos. 
(c) REPORT.—Not later than March 1, 1992, the Secretary of 
Defense shall submit to the congressional defense committees a 
report on the cost and practicality of extending the service life of 
existing Minuteman III ICBMs beyond the year 2010. 
(d) AvAiLABiuTY OF UNOBUGATED FISCAL YEAR 1991 FUNDS.—(1) 
Of the balance of the amount appropriated for the Air Force for 
fiscal year 1991 for research, development, test, and evaluation for 
ICBM modernization 
that 
remains 
available for obligation, 
$17,500,000 may, to the extent provided in appropriations Acts, be 
used during fiscal year 1992 for obligation for the procurement of 
MX missiles. 
(2) The authority provided in paragraph (1) does not extend the 
period of the availability for obligation of the funds referred to in 
that paragraph. 
(3) The authority provided in paragraph (1) is in addition to any 
other transfer authority provided in this or any other Act. 
PART C—MISSILE DEFENSE PROGRAM 
Missile Defense 
Act of 1991. 
SEC. 231. SHORT TITLE. 
10 USC 2431 
note. 
This part may be cited as the "Missile Defense Act of 1991". 
SEC. 232. MISSILE DEFENSE GOAL OF THE UNITED STATES. 
(a) MISSILE DEFENSE GOAL.—It is a goal of the United States to— 
(1) deploy an anti-ballistic missile system, including one or an 
adequate additional number of anti-ballistic missile sites and 
space-based sensors, that is capable of providing a highly effec-
tive defense of the United States against limited attacks of 
ballistic missiles; 
(2) maintain strategic stability; and 
(3) provide highly effective theater missile defenses (TMDs) to 
forward-deployed and expeditionary elements of the Armed 
Forces of the United States and to friends and allies of the 
United States. 
0?) ENDORSEMENT OF ADDITIONAL MEASURES.—As an additional 
component of the overall goal of protecting the United States 
Eigainst the threat posed by ballistic missiles. Congress endorses 
such additional measures as— 
(1) joint discussions between the United States and the Soviet 
Union on strengthening nuclear command and control, to in-
clude discussions concerning the use of permissive action links 
and post-launch destruct mechanisms on all intercontinental-
range ballistic missiles of the two nations; 
(2) reductions that enhance stability in strategic weapons of 
the United States and Soviet Union to levels below the limita-
tions of the Strategic Arms Reduction Talks (START) Treaty, to 
include the down-loading of multiple warhead ballistic missiles; 
and 
(3) reinvigorated efforts to halt the proliferation of ballistic 
missiles and weapons of mass destruction. 
105 STAT. 1322 
PUBLIC LAW 102-190—DEC. 5, 1991 
President. 
Union of 
Soviet Socialist 
Republics. 
SEC. 233. IMPLEMENTATION OF GOAL. 
(a) IN GENERAL.—To implement the goal specified in section 
232(a), the Congress— 
(1) directs the Secretary of Defense to take the actions speci-
fied in subsection (b); and 
(2) urges the President to take the actions described in subsec-
tion (c). 
(b) ACTIONS OF THE SECRETARY OF DEFENSE.— 
(1) THEATER MISSILE DEFENSE OPTIONS.—The Secretary of De-
fense shall aggressively pursue the development of advanced 
theater 
missile 
defense 
systems, with 
the 
objective 
of 
downselecting and deploying such systems by the mid-1990s. 
(2) INITIAL DEPLOYMENT.—The Secretary shall develop for 
deployment by the earliest date allowed by the availability of 
appropriate technology or by fiscal year 1996 a cost-effective, 
operationally-effective, and ABM Treaty-compliant anti-ballistic 
missile system at a single site as the initial step toward deploy-
ment of an anti-ballistic missile system described in section 
232(a)(1) designed to protect the United States against limited 
ballistic missile threats, including accidental or unauthorized 
launches or Third World attacks. The system to be developed 
should include— 
(A) 100 ground-based interceptors, the design of which is 
to be determined by competition and downselection for the 
most capable interceptor or interceptors; 
(B) fixed, ground-based, anti-ballistic missile 
battle 
management radars; and 
(C) optimum utilization of space-based sensors, including 
sensors capable of cueing ground-based anti-ballistic missile 
interceptors and providing initial targeting vectors, and 
'^ 
other sensor systems that also are not prohibited by the 
ABM Treaty, such as a ground-based sub-orbital surveil-
lance and tracking system. 
(3) DEPLOYMENT PLAN.—Within 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a plan for the deployment 
of theater missile defense systems and an anti-ballistic missile 
system which meet the guidelines established in paragraphs (1) 
and (2). 
(c) PRESIDENTIAL ACTIONS.— 
(1) NEGOTIATIONS REGARDING THE ABM TREATY.—Congress rec-
ognizes the President's call on September 27, 1991, for "imme-
diate concrete steps" to permit the deployment of defenses 
against limited ballistic missile strikes and the response of the 
President of the Soviet Union undertaking to consider such 
proposals from the United States on nonnuclear ABM systems. 
(2) In this regard. Congress urges the President to pursue 
immediate discussions with the Soviet Union on the feasibility 
and mutual interests of amendments to the ABM Treaty to 
permit the following: 
(A) Construction of anti-ballistic missile sites and deploy-
ment of ground-based anti-ballistic missile interceptors in 
addition to those currently permitted under the ABM 
Treaty. 
(B) IncreEised use of space-based sensors for direct battle 
management. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1323 
(C) Clarification of what development and testing of 
space-based missile defenses is permissible under the ABM 
Treaty. 
(D) Increased flexibility for technology development of 
advanced ballistic missile defenses. 
(E) Clarification of the distinctions for the purposes of the 
ABM Treaty between theater missile defenses and anti-
ballistic missile defenses, including interceptors and radars. 
SEC. 234. FOLLOW-ON TECHNOLOGY RESEARCH. 
(a) FOLLOW-ON ANTI-BALUSTIC MISSILE TECHNOLOGIES.—To effec-
tively develop technologies relating to achieving the goal specified in 
section 232(a) and to provide future options for protecting the secu-
rity of the United States and the allies and friends of the United 
States, robust funding for research and development for promising 
follow-on anti-ballistic missile technologies, including Brilliant Peb-
bles, is required. 
(b) EXCLUSION FROM INITIAL PLAN.—Deplojrment of Brilliant Peb-
bles is not included in the initial plan for the limited defense system 
architecture described in section 232(a). 
(c) REPORT AND LIMITATION.—The Secretary of Defense shall 
submit to the congressional defense committees a report on concep-
tual and burden sharing issues associated with the option of deploy-
ing space-based interceptors (including Brilliant Pebbles) for the 
purpose of providing global defenses against ballistic missile attacks. 
Not more than 50 percent of the funds made available for the 
purposes described in section 237(bX3) for the Space-Based Intercep-
tors program element for fiscal year 1992 may be obligated for the 
Brilliant Pebbles program until 45 days after submission of the 
report. 
SEC. 235. PROGRAM ELEMENTS FOR STRATEGIC DEFENSE INITIATIVE. 
(a) EXCLUSIVE ELEMENTS.—The following program elements shall 
be the exclusive prc^am elements for the Strategic Defense Initia-
tive: 
(1) Limited Defense System. 
(2) Theater Missile Defenses. 
(3) Space-Based Interceptors. 
(4) Other Follow-On Systems, 
(5) Research and Support Activities. 
(b) APPLICABILITY TO BUDGETS.—The program elements specified in 
subsection (a) shall be the only program elements used in the 
program and budget provided 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. 
SEC. 236. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OBJEC-
TIVES FOR SDI PROGRAM ELEMENTS. 
(a) LIMITED DEFENSE SYSTEM PROGRAM ELEMENT.—The Limited 
Defense System program element shall include programs, projects, 
and activities (and supporting programs, projects, and activities) 
which have as a primary objective the development of systems, 
components, and architectures for a deployable anti-ballistic missile 
sjrstem as described in section 232(aXl) capable of providing a highly 
effective defense of the United States against limited ballistic mis-
sile threats, including accidental or unauthorized launches or Third 
105 STAT. 1324 
PUBLIC LAW 102-190—DEC. 5, 1991 
World attacks, but below a threshold that would bring into question 
strategic stability. Such activities shall include those activities nec-
essary to develop and test systems, components, and architectures 
capable of deployment by fiscal year 1996 as part of an ABM Treaty-
compliant initial site defensive system. For purposes of planning, 
evaluation, design, and effectiveness 
studies, such programs, 
projects, and activities may take into consideration both the current 
limitations of the ABM Treaty and modest changes to its numerical 
limitations and its limitations on the use of space-based sensors. 
(b) THEATER MISSILE DEFENSES PROGRAM ELEMENT.—The TTieater 
Missile Defenses program element shall include programs, projects, 
and activities (including those associated before the date of the 
enactment of this Act with the Tactical Missile Defense Initiative) 
that have as primary objectives either of the following: 
(1) The development of deployable and rapidly relocatable 
advanced theater missile defenses capable of defending forward-
deployed and expeditionary elements of the Armed Forces of 
the United States, to be carried out with the objective of select-
ing and deploying more capable theater missile defense systems 
by the mid-1990s. 
(2) Cooperation with friendly and allied nations in the devel-
opment of theater defenses against tactical or theater ballistic 
missiles. 
(c) SPACE-BASED INTERCEPTORS PROGRAM ELEMENT.—The Space-
Based Interceptors program element shall include programs, 
projects, and activities (and supporting programs, projects, and 
activities) that have as a primary objective the conduct of research 
on space-based kinetic-kill interceptors and associated sensors that 
could provide an overlay to ground-based anti-ballistic missile inter-
ceptors. 
(d) OTHER FOLLOW-ON SYSTEMS PROGRAM ELEMENT.—The Other 
Follow-On Systems program element shall include programs, 
projects, and activities that have as a primary objective the develop-
ment of technologies capable of supporting systems, components, 
and architectures that could produce highly effective defenses for 
the future. 
(e) RESEARCH AND SUPPORT ACTIVITIES PROGRAM ELEMENT.—The 
Research and Support Activities program element shall include 
programs, projects, and activities that have as primary objectives 
the following: 
(1) The provision of basic research and technical, engineering, 
and managerial support to the programs, projects, and activities 
within the program elements referred to in subsection (a) 
through (d). 
(2) Innovative science and technology projects. 
(3) The provision of necessary test and evaluation services 
other than those required for a specific program element. 
(4) Program management. 
SEC. 237. STRATEGIC DEFENSE INITIATIVE FUNDING. 
(a) TOTAL AMOUNT.—Of the amounts appropriated pursuant to 
section 201 for fiscal year 1992 or otherwise made available to the 
Department of Defense for research, development, test, and evalua-
tion for fiscal year 1992, not more than $4,150,000,000 may be 
obligated for the Strategic Defense Initiative. 
O
t
O SPECIFIC AMOUNTS FOR THE PROGRAM ELEMENTS.—Of the 
amount described in subsection (a)— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1325 
(1) not more than $1,521,780,000 shall be available for pro-
grams, projects, and activities within the Limited Defense 
System program element; 
(2) not more than $828,710,000 shall be available for pro-
grams, projects, and activities within the Theater Missile De-
fenses program element; 
(3) not more than $465,000,000 shall be available for pro-
grams, projects, and activities within the Space-Based Intercep-
tors program element, of which not more than $390,000,000 
shall be available for the Brilliant Pebbles program account; 
(4) not more than $629,550,500 shall be available for pro-
grams, projects, and activities within the Other Follow-On Sys-
tems program element; and 
(5) not more than $704,959,500 shall be available for pro-
grams, projects, and activities within the Research and Support 
Activities program element. 
(c) ENVIRONMENTAL IMPACT STATEMENT.—Of the amount de-
scribed in paragraph (bXD— 
(1) not more than $5,000,000 may be used to carry out an 
expeditious site-specific environmental impact statement in 
accordance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
(2) not more than $40,000,000 may be used to conduct studies, 
site surveys, technical assessments, analysis, and refurbish-
ments to remove the Grand Forks anti-ballistic missile site from 
its deactivated status. 
The Congress hereby expressly waives any and all requirements to 
evaluate alternative sites to the site at Grand Forks. 
(d) REPORTING REQUIREMENT.—Not later than 90 days after the 
date of the enactment of this 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 1992. The report shall specify the amount of such 
funds allocated for each program, project, and activity of the Strate-
gic Defense Initiative and shall list each Strategic Defense Initiative 
program, project, and activity under the appropriate program ele-
ment. 
(e) TRANSFER AUTHORITIES.— 
(1) IN GENERAL.—Before the submission of the report required 
under subsection (d) and notwithstanding the limitations set 
forth in subsection (b), the Secretary of Defense may transfer 
funds among the program elements named in subsection O
t
>
)
. 
(2) LIMITATION.—The total amount that may be transferred to 
or from any program element named in subsection (b)— 
(A) may not exceed 10 percent of the amount provided in 
such subsection for the program element from which the 
transfer is made; and 
(B) may not result in an increase of more than 10 percent 
of the amount provided in such subsection for the program 
element to which the transfer is made. 
(3) EXCEPTION.—Transfer authority may not be used for a 
decrease in funds identified in subsection 0^X2) for Theater 
Missile Defenses. 
(4) MERGER AND AVAILABILITY.—Amounts transferred pursu-
ant to paragraph (1) shall be merged with and be available for 
the same purposes as the amounts to which transferred. 
105 STAT. 1326 
PUBLIC LAW 102-190—DEC. 5, 1991 
(f) LAND TRANSFER, NORTH DAKOTA.—The Administrator of the 
General Services Administration shall, without reimbursement and 
no later than 90 days after the date of the enactment of this Act, 
transfer accountability of the real property and improvements 
thereon, comprising approximately 473 acres (fee and easements) 
located within and contiguous to the Grand Forks SAFEGUARD-
MSR site at Nekoma, North Dakota, to the Secretary of the Army. 
SEC. 238. REVIEW OF FOLLOW-ON DEPLOYMENT OPTIONS. 
As deployment at the anti-ballistic missile site described in section 
23303)(2) draws near to the deployment date of fiscal year 1996, the 
President and the Congress shall assess the progress in the ABM 
Treaty amendments negotiation called for under section 233(c) and 
shall consider the options available to the United States as now exist 
^®^^^"*- 
under the ABM Treaty. To assist in this review process, the Presi-
^ 
• 
dent shall submit to the Congress not later than May 1, 1994, an 
interim report on the progress of the negotiations. 
SEC. 239. ABM TREATY DEFINED. 
For purposes of this part, the term "ABM Treaty" means the 
Treaty between the United States of America and the Union of 
Soviet Socialist Republics on the Limitation of Anti-Ballistic Mis-
siles, signed in Moscow on May 26,1972. 
SEC. 240. INTERPRETATION. 
Nothing in this part may be construed to imply— 
(1) congressional authorization for development, testing, or 
deplo3anent of anti-ballistic missile systems in violation of the 
ABM Treaty, including any protocol or amendment to that 
treaty; or 
(2) final congressional authorization for deployment of anti-
ballistic missile systems in compliance with the ABM Treaty. 
PART D—OTHER MISSILE DEFENSE MATTERS 
SEC. 241. ARROW TACTICAL ANTI-MISSILE PROGRAM. 
(a) 
COOPERATIVE RESEARCH AND DEVELOPMENT.—Congress 
en-
dorses a continuing program of cooperative research and develop-
ment, 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. 
(b) ARROW DEPLOYABILITY INITIATIVE.—(1) Subject to parsigraphs 
(2) and (3), the Secretary of Defense may obligate from funds appro-
priated pursuant to section 201 for fiscal year 1992 up to $54,400,000 
for the purpose of initiating research and development of systems to 
deploy the Arrow missile in the future, such as battle management, 
lethality, system integration, test bed, and fire control radar. Funds 
for such purpose may not be derived from funds available for the 
Strategic Defense Initiative. 
(2) The authority under paragraph (1) is in addition to any other 
authority provided in this Act regarding the Arrow Tactical Anti-
Missile program. 
(3) Funds may not be obligated for the purpose described in 
paragraph (1) unless— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1327 
President. 
Israel. 
(A) the United States and the government of Israel enter into Israel. 
a Memorandum of Understanding governing the conduct and 
funding of such an effort; 
(B) the Secretary of Defense certifies to the congressional 
defense committees that the Arrow missile has successfully 
completed the current four-test proof-of-principle flight test 
program; and 
(C) the President has certified to Congress— 
(i) with respect to any waiver of activities sanctionable 
under the laws described in paragraph (4) granted on or 
before the date of the enactment of this Act to any firm 
involved in the Arrow program at the time of such certifi-
cation, that such activities have been terminated and the 
government of the nation in which such firm is located has 
given assurances to the United States that such activities 
by such firm will not be repeated; and 
(ii) that the government of Israel has undertaken to adopt 
export controls pursuant to the Guidelines alnd Annex of 
the Missile Technology Control Regime (MTCBi). 
(4) The laws referred to in paragraph (3XCXi) are section 73(aXl) of 
the Arms Export Control Act, section llBCbXD of the Export 
Administration Act of 1979, and sections 1702 and 1703 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510). 
SEC. 242. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYS-
TEMS OR COMPONENTS. 
(a) USE OF FUNDS.— 
(1) LIMITATION.—Funds appropriated to the Department of 
Defense for fiscal year 1992, or otherwise made available to the 
Department of Defense from any funds appropriated for fiscal 
year 1992 or for any fiscal year before 1992, may not be obli-
gated or expended— 
(A) for any development or testing of anti-ballistic missile 
systems or components except for development and testing 
consistent with the development and testing described in 
the May 1991 SDIO Report; or 
(B) for the acquisition of any material or equipment 
(including any long lead materials, components, piece parts, 
test equipment, or any modified space launch vehicle) re-
quired or to be used for the development or testing of anti-
ballistic missile systems or components, except for material 
or equipment required for development or testing consist-
ent with the development and testing described in the May 
1991 SDIO Report. 
(2) EXCEPTION.—The limitation under paragraph (1) shall not 
apply to funds transferred to or for the use of the Strategic 
Defense Initiative for fiscal year 1992 if the transfer is made in 
accordance with section 1001 of this Act. 
(b) DEFINITION.—In this section, the term "May 1991 SDIO 
Report" means the report entitled, "1991 Report to Congress on the 
Strategic Defense Initiative," dated May 16, 1991, prepared by the 
Strategic Defense Initiative Organization and submitted to certain 
committees of the Senate and House of Representatives by the 
Secretary of Defense 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). 
105 STAT. 1328 
PUBLIC LAW 102-190—DEC. 5, 1991 
PART E—OTHER MATTERS 
SEC. 251. MEDICAL 
COUNTERMEASURES 
AGAINST 
BIOWARFARE 
THREATS. 
(a) FUNDING.—Of the amounts appropriated pursuant to section 
201 for fiscal year 1992, not more than $53,800,000 shall be available 
for the medical component of the Biological Defense Research Pro-
gram (BDRP) of the Department of Defense. 
O
b
) LIMITATIONS.—(1) No funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1992 may be 
obligated or expended for product development, or for research, 
development, testing, or evaluation, of medical countermeasures 
against a biowarfare threat except for medical countermeasures 
against a validated biowarfare threat agent or a potential (far-term) 
biowarfare threat agent. 
(2) Of the funds made available pursuant to subsection (a), not 
more than $10,000,000 may be obligated or expended for research, 
development, testing, and evaluation of medical countermeeisures 
against potential (far-term) biowarfare threats. 
(c) DEFINITIONS.—In this section: 
(1) The term "biowarfare threat agent" means a biological 
agent that— 
(A) is named in the biological warfare threat list pub-
lished jointly by the Defense Intelligence Agency (DIA) and 
the Armed Forces Medical Intelligence Center (AFMIC); or 
(B) is identified as a biowarfare agent by the Deputy Chief 
of Staff of the Army for Intelligence in accordance with 
Army regulations applicable to intelligence support for the 
medical component of the Biological Defense Research Pro-
gram. 
(2) The term "validated biowarfare threat agent" means a 
biowarfare threat agent that is being or has been developed or 
produced for weaponization within 10 years, as assessed and 
determined jointly by the Defense Intelligence Agency and the 
Armed Forces Medical Intelligence Center. 
(3) The term "potential (far-term) biowarfare threat agent" 
means a biowarfare threat agent that is an emerging or future 
biowarfare threat, is the object of research by a foreign threat 
country, and will be ready for weaponization in more than 10 
years and less than 20 years, as assessed and determined jointly 
by the Defense Intelligence Agency and the Armed Forces 
Medical Intelligence Center. 
(4) The term "weaponization" means incorporation into 
usable ordnance or other militarily useful means of delivery. 
SEC. 252. UNIVERSITY RESEARCH INITIATIVE. 
Of the amounts authorized to be appropriated for fiscal year 1992 
pursuant to section 201, $182,373,000 shall be available for research 
and development under the University Research Initiative program 
oif the Department of Defense, of which $30,000,000 shall be avail-
able only for research in advanced manufacturing technologies and 
industrial processes. 
SEC. 253. GRANT FOR THE 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, and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1329 
as previously authorized in Public Law 101-510 and appropriated in 
Public Law 101-511 for the establishment of an Institute for Ad-
vanced Science and Technology (lAST), an additional $25,000,000 
shall be made available until expended as a grant. The grant shall 
be made to the institution of higher education which has been 
selected as the site, through competitive procedures and based on 
the qualifications stipulated in section 243 of Public Law 101-510, of 
the Institute for Advanced Science and Technology for Phsise II. 
Ot)) COST-SHARING REQUIREMENT.—The grant under subsection (a) 
shall be available for construction of the facility for the institute. In 
making the grant, the Secretary of Defense shall ensure that the 
Federal share of the cost of the construction project does not exceed 
50 percent of the total cost of the project. 
(c) PURPOSE OF GRANTS.—The grant shall be used 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. 254. ADVANCED APPLIED TECHNOLOGY DEMONSTRATION FACILITY 
FOR ENVIRONMENTAL TECHNOLOGY. 
(a) AUTHORITY TO MAKE GRANT.—Of the amount authorized to be 
appropriated for research, development, test, and evaluation for 
fiscal year 1992 for the Defense Agencies, $20,000,000 shall be 
available for a grant to a nonprofit organization or an institution of 
higher education to establish an advanced applied technology dem-
onstration facility for environmental technology. Such grant shall 
be awarded through the use of competitive procedures. 
(b) QuAUFiCATiONS.—A grant under subsection (a) may be 
awarded only to an organization or institution that— 
(1) has nationally recognized expertise in environmental tech-
nology and business administration; and 
(2) proposes a clear plan (as determined by the Secretary of 
Defense) showing how its management of such a facility will be 
usable by the Department of Defense in resolving environ-
mental cleanup problems of the Department. 
(c) COST SHARING.—In evaluating proposals for a grant under 
subsection (a), the Secretary of Defense shall consider as favorable 
evaluation factors for the award of tHfe^ grant provisions of such a 
proposal under which the organization or institution submitting the 
proposal— 
(1) proposes that, if awarded the grant, it will agree to have 
available all equipment necessary to conduct environmental 
cleanup demonstration projects at the facility; and 
(2) demonstrates that it has, or upon receipt of the grant will 
obtain, secure sources of funding such that— 
(A) the Federal share of the administrative costs of the 
facility established with the grant will not exceed one-half 
of the total administrative costs of the facility for the first 
two years of the operation of the facility; and 
(B) no Department of Defense assistance for the operation 
of the facility will be required after the first three years of 
the operation of the facility. 
105 STAT. 1330 
PUBLIC LAW 102-190—DEC. 5, 1991 
Reports. 
10 use 2367 
note. 
SEC. 2
5
5
. 
CONTINUED 
COOPERATION 
WITH 
JAPAN 
ON 
TECHNOLOGY 
RE-
SEARCH 
AND 
DEVELOPMENT. 
Of the funds authorized to be appropriated pursuant to section 201 
for research, development, test, and evaluation for fiscal year 1992, 
and made available for basic research, exploratory development, 
and advanced technology, $10,000,000 shall be available for such 
fiscal year for research and development projects conducted jointly 
by the United States and Japan in accordance with section 1454(d) of 
the National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 104 Stat. 1695). 
SEC. 2
5
6
. 
FEDERALLY 
FUNDED 
RESEARCH 
AND 
DEVELOPMENT 
CENTERS. 
(a) WORKLOAD LEVELS TO BE SPECIFIED IN BUDGET DOCUMENTS.— 
(1) Section 2367 of title 10, United States Code, is amended by adding 
at the end the following: 
"(d) IDENTIFICATION TO CONGRESS OF F F R D C WORKLOAD EFFORT.— 
(1) In the documents provided to Congress by the Secretary of 
Defense in support of the budget submitted by the President under 
section 1105 of title 31 for any fiscal year, the Secretary shall set 
forth the proposed amount of the man-years of effort to be funded by 
the Department of Defense for each federally funded research and 
development center for the fiscal year covered by that budget. 
"(2) After the close of a fiscal year, and not later than January 1 
of the next year, the Secretary shall submit to the Committees on 
Armed Services and the Committees on Appropriations of the 
Senate and House of Representatives a report setting forth the 
actual obligations and the actual man-years of effort expended at 
each federally funded research and development center during that 
fiscal year.". 
(2)(A) Paragraph (1) of subsection (d) of section 2367 of title 10, 
United States Code, as added by paragraph (1), shall take effect with 
respect to the budget submitted for fiscal year 1994. 
(B) Paragraph (2) of such subsection shall take effect with respect 
to fiscal year 1992. 
O
b
) MAN-YEAR LIMITATIONS.—Funds appropriated or otherwise 
made available for the Department of Defense for fiscal years 1992 
and 1993 may not be obligated at any of the following federally 
funded research and development centers in order to obtain work in 
excess of the number of man-years specified for that center as 
follows: 
(1) For the Center for Naval Analysis, 270. 
(2) For the Institute for Defense Analysis— 
(A) for studies and analysis, 320; 
(B) for systems and engineering in connection with oper-
ational test and evaluation, 75; and 
(C) for research and development in connection with 
command, control, communications, and intelligence, 150. 
(3) For the Rand Project Air Force, 150. 
(4) For the National Defense Research Institute, 160. 
(5) For the Arroyo Center, 150. 
(6) For the Logistics Management Institute, 140. 
(7) For the Aerospace Corporation, 2,500. 
(8) For the MIT Lincoln Laboratory, 1,150. 
(9) For the Software Engineering Institute, 160. 
(10) For the Institute for Advanced Technology, 40. 
(c) FUNDING LIMITATION.—Of the funds appropriated or otherwise 
made available for the Department of Defense for fiscal years 1992 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1331 
and 1993, not more than $446,000,000 may be obligated for the 
federally funded research and development center of MITRE. 
(d) AUTHORITY TO WAIVE LIMITATIONS.—The Secretary of Defense 
may waive a limitation in subsection Qy) or (c) in the case of any 
federally funded research and development center. Such a waiver 
may not be implemented until the Secretary notifies the congres-
sional defense committees of the proposed waiver and the reasons 
for the waiver and a period of 60 days elapses after the date on 
which the notification is made. However, in a case in which the 
Secretary determines that it is essential to the national security 
that funds be obligated for work in excess of that limitation before 
the end of such 60-day period, the Secretary may waive such 60-day 
period upon notification to the congressional defense committees of 
that determination and the reasons for the determination. 
SEC. 257. REVISION IN MEMBERSHIP OF STRATEGIC ENVIRONMENTAL 
RESEARCH AND DEVELOPMENT PROGRAM COUNCIL: MEM-
BERSHIP ON COUNCIL AND ON SCIENTIFIC ADVISORY BOARD. 
(a) REVISION IN MEMBERSHIP OF COUNCIL.—Section 290203) of title 
10, United States Code, is simended— 
(1) by striking out "nine members" and inserting in lieu 
thereof "thirteen members"; 
(2) by redesignating paragraph (9) as paragraph (10); and 
(3) by inserting after paragraph (8) the following new para-
graph: 
"(9) One representative from each of the Army, Navy, Air 
Force, and Coast Guard, who shall be non-voting members.". 
(b) REVISION IN MEMBERSHIP OF ADVISORY BOARD.—Section 2904 of 
such title is amended— 
(1) in subsection (a), by striking out "13 members" and insert-
ing in lieu thereof "14 members"; and 
(2) in subsection Ot)), by striking out paragraph (1) and insert-
ing in lieu thereof the following: 
"(1) The following persons shall be permanent members of the 
Advisory Board: 
"(A) The Science Advisor to the President, or his designee. 
"(B) The Administrator of the National Oceanic and At-
mospheric Administration, or his designee.". 
TITLE III—OPERATION AND MAINTENANCE 
PART A—AUTHORIZATIONS OF APPROPRIATIONS 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby au-
thorized to be appropriated for fiscal year 1992 for the use of the 
Armed Forces and other activities and agencies of the Department 
of Defense for expenses, not otherwise provided for, for operation 
and maintenance in amounts as follows: 
(1) For the Army, $21,155,854,000. 
(2) For the Navy, $23,185,380,000. 
(3) For the Marine Corps, $1,845,500,000. 
(4) For the Air Force, $19,657,010,000. 
(5) For the Defense Agencies, $8,652,716,000. 
(6) For the Army Reserve, $968,200,000. 
(7) For the Naval Reserve, $824,600,000. 
(8) For the Marine Corps Reserve, $80,900,000. 
, i» 
105 STAT. 1332 
PUBLIC LAW 102-190—DEC. 5, 1991 
(9) For the Air Force Reserve, $1,078,700,000. 
(10) For the Army National Guard, $2,124,800,000. 
(11) For the Air National Guard, $2,276,300,000. 
(12) For the National Board for the Promotion of Rifle Prac-
tice, $4,000,000. 
(13) For the Defense Inspector General, $120,100,000. 
(14) For Drug Interdiction and Counter-Drug Activities, De-
fense, $1,158,600,000. 
(15) For the Court of Military Appeals, $5,500,000. 
(16) For Environmental Restoration, Defense, $1,183,900,000. 
(17) For Humanitarian Assistance, $13,000,000. 
(b) SPECIAL AUTHORIZATION FOR CONTINGENCIES.—There are au-
thorized to be appropriated for fiscal year 1992, in addition to the 
amounts authorized to be appropriated in subsection (a) and (c), 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) and (c). 
(c) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1993.— 
Funds are hereby authorized to be appropriated for fiscal year 1993 
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, $20,039,200,000. 
(2) For the Navy, $23,781,100,000. 
(3) For the Marine Corps, $2,190,200,000. 
(4) For the Air Force, $21,047,600,000. 
(5) For the Defense Agencies, $9,119,800,000. 
(6) For the Army Reserve, $993,500,000. 
(7) For the Naval Reserve, $816,950,000. 
(8) For the Marine Corps Reserve, $77,650,000. 
(9) For the Air Force Reserve, $1,263,900,000. 
(10) For the Army National Guard, $2,116,300,000. 
(11) For the Air National Guard, $2,723,600,000. 
(12) For the Inspector General of the Department of Defense, 
$116,700,000. 
(13) For Drug Interdiction and (Dounter-Drug Activities, De-
fense, $1,249,400,000. 
(14) For the Court of Military Appeals, $5,900,000. 
(15) For Environmental Restoration, Defense, $1,450,200,000. 
(16) For Humanitarian Assistance, $13,000,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1992.— 
There is authorized to be appropriated for fiscal year 1992 for the 
use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for the Defense Busi-
ness Operations Fund, $3,400,200,000. 
(b) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1993.— 
There is authorized to be appropriated for fiscal year 1993 for the 
use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for the Defense Busi-
ness Operations Fund, $1,145,300,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
There is authorized to be appropriated for fiscal year 1992 from 
the Armed Forces Retirement Home Trust Fund the sum of 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1333 
$57,651,000 for the operation of the Armed Forces Retirement 
Home, including the tJnited States Soldiers' and Airmen's Home 
and the Naval Home. 
SEC. 304. HUMANITARIAN ASSISTANCE. 
(a) PURPOSE.—(1) Funds appropriated pursusmt to the authoriza-
tion in section 301(aXl'7) 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 
Afghanistan by the Soviet Union. 
(2) Of the funds authorized to be appropriated for fiscal year 1992 
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 non-Communist resistance, at 
or near the border between Thailand and Cambodia. 
Ot)) 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 1992 
for humanitarian assistance, other than the funds described in 
subsection (a)(2), to provide for— 
(1) the payment 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 
transportation may include the use of aircraft and personnel of the 
reserve componente 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 1,1992; and 
(C) not later than June 1 of each year thereafter until all 
funds available for humaniterian 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: 
105 STAT. 1334 
PUBLIC LAW 102-190-DEC. 5, 1991 
(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 303 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1525). 
(C) Section 304 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1409). 
(D) Section 303 of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1948). 
(E) Section 331 of the National Defense Authorization Act for 
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1078). 
(F) Section 305 of the Department of Defense Authorization 
Act, Fiscal Year 1986 (Public Law 99-145; 99 Stat. 617). 
(5) Section 303 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1525) is amended by 
striking out subsection (f). 
New York. 
SEC. 305. SUPPORT FOR THE 1993 WORLD UNIVERSITY GAMES. 
(a) AUTHORITY TO PROVIDE SUPPORT.—The Secretary of Defense 
may provide logistical support and personnel services in connection 
with the 1993 World University Games to be held in the State of 
New York. 
(b) 
PAY AND NONTRAVEL-RELATED ALLOWANCES.—(1) Except as 
provided in paragraph (2), the costs for pay and nontravel-related 
allowances of members of the Armed Forces for the support and 
services referred to in subsection (a) may not be charged to appro-
priations made pursuant to the authorization in subsection (c). 
(2) Paragraph (1) does not apply in the case of members of a 
reserve component called or ordered to active duty to provide 
logistical support and personnel services for the 1993 World Univer-
sity Games. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated for the Department of Defense for fiscal year 1992 the 
sum of $3,000,000 to carry out subsection (a). 
Georgia. 
SEC. 306. SUPPORT FOR THE 1996 SUMMER OLYMPICS. 
(a) AUTHORITY TO PROVIDE SUPPORT.—The Secretary of Defense 
may provide logistical support and personnel services in connection 
with the 1996 games of the XXVI Olympiad to be held in Atlanta, 
Georgia. 
(b) 
PAY AND NONTRAVEL-RELATED ALLOWANCES.—(1) Except as 
provided in paragraph (2), the costs for pay and nontravel-related 
allowances of members of the Armed Forces for the support and 
services referred to in subsection (a) may not be charged to appro-
priations made pursuant to the authorization of appropriations in 
subsection (c). 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1335 
(2) Paragraph (1) does not apply in the case of members of a 
reserve component called or ordered to active duty to provide 
logistical support and personnel services for the games of the XXVI 
Olympiad. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated for the Department of Defense for fiscal year 1992 the 
sum of $2,000,000 to carry out subsection (a). 
SEC. 307. PRESIDENTIAL INAUGURATION ASSISTANCE. 
(a) FURNISHING OF MATERIALS, SUPPUES, AND SERVICES.—With 
respect to the Presidential inauguration to take place on January 
20, 1998, the Secretary of Defense may lend materials and supplies, 
and provide materials, supplies, and services of personnel, during 
fiscal years 1992 and 1993— 
(1) to the Inaugural Committee established under the first 
section of the Presidential Inaugural Ceremonies Act (36 U.S.C. 
721); and 
(2) to the joint committee of the Senate and House of Rep-
resentatives described in section 9 of that Act (36 U.S.C. 729). 
(b) TERMS OF ASSISTANCE.—Assistance under subsection (a) shall 
be loaned or provided in such manner as the Secretary of Defense 
determines to be appropriate and under such conditions as the 
Secretary may prescribe. 
(c) ADDITIONAL AUTHORITY.—The authority provided by subsection 
(a) is in addition to the authority provided by section 2543 of title 10, 
United States Code. 
PART B—LIMITATIONS 
SEC. 311. LIMITATION ON OBLIGATIONS AGAINST STOCK FUNDS. 
(a) LIMITATION.—(1) The Secretary of Defense may not incur 
obligations against the stock funds of the Department of Defense 
during fiscal year 1992 in an amount 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 in-
curred against, and sales from, the stock funds during fiscal year 
1992, the Secretary shall exclude obligations and sales for fuel, 
commissary and subsistence items, retail operations, repair of equip-
ment, and the cost of operations. 
(b) EXCEPTION.—The Secretary of Defense may waive the limita-
tion contained 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 re£isons for such waiver. 
SEC. 312. REPEAL OF REQUIREMENT FOR AUTHORIZATION OF CIVILIAN 
PERSONNEL BY END STRENGTH. 
(a) IN GENERAL.—Section 115 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking out paragraph (4); and 
(2) in subsection (b)— 
(A) by inserting "or" at the end of paragraph (2); 
(B) by striking out "; or" at the end of paragraph (3) and 
inserting in lieu thereof a period; and 
(C) by striking out paragraph (4). 
(b) CONFORMING AMENDMENT.—Section 129(a) of such title is 
amended— 
105 STAT. 1336 
PUBLIC LAW 102-190—DEC. 5, 1991 
(1) by striking out "department, (2)" and inserting in lieu 
thereof "department and (2)"; and 
(2) by striking out ", and (3)" and all that follows through 
"fiscal year" in the first sentence. 
SEC. 313. LIMITATION 
RELATING 
TO 
CONSOLIDATION 
OF 
SUPPLY 
DEPOTS. 
(a) LIMITATION.—The Secretary of Defense may not proceed with 
the consolidation of supply depots under decision 902 of the Defense 
Management Review (or any successor of that decision) until the 
Secretary— 
(1) completes an analysis of the results of the supply depot 
consolidations referred to in subsection (c); 
(2) makes a determination that an automatic data processing 
system in the Department of Defense for the consolidation of 
supply depots is developed and operational and meets the 
requirements of the military departments; and 
Reports. 
(3) submits to Congress a report describing the basis and 
results of the analysis under paragraph (1) and the determina-
tion under paragraph (2). 
(b) ELEMENTS OF ANALYSIS.—The analysis required by subsection 
(a)(1) shall include— 
(1) a determination of the cost savings associated with the 
supply depot consolidations referred to in subsection (c); and 
(2) an assessment of the effect of those consolidations on the 
ability of the military departments to provide mission support. 
(c) EXCEPTION.—Notwithstanding subsection (a), the Secretary of 
Defense may proceed with— 
(1) the consolidation of the Mechanicsburg, New Cumberland, 
Ogden, and Red River supply depots; and 
(2) any consolidation of the supply depots made as part of the 
Bay Area regional protot5T)e and initiated before the date of the 
enactment of this Act. 
SEC. 314. LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL MAINTE-
NANCE OF MATERIEL. 
(a) PERCENTAGE LIMITATION.—(1) Section 2466 of title 10, United 
States Code, is amended to read as follows: 
"§ 2466. Limitations on the performance of depot-level mainte-
nance of materiel 
"(a) PERCENTAGE LIMITATION.—Not less than 60 percent of the 
funds available for each fiscal year for depot-level maintenance of 
materiel managed for the Department of the Army and the Depart-
ment of the Air Force shall be used for the performance of such 
depot-level maintenance by employees of the Department of De-
fense. 
"(b) PROHIBITION ON MANAGEMENT BY END STRENGTH.—The ci-
vilian employees of the Department of Defense involved in the 
depot-level maintenance of materiel may not be managed on the 
basis of any end-strength constraint or limitation on the number of 
such employees who may be employed on the last day of a fiscal 
year. Such employees shall be managed solely on the basis of the 
available workload and the funds made available for such depot-
level maintenance. 
"(c) WAIVER OF LIMITATION.—The Secretary of the Army, with 
respect to the Department of the Army, and the Secretary of the Air 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1337 
10 use 2466 
note. 
10 u s e 2466 
note. 
Force, with respect to the Department of the Air Force, may waive 
the applicability of subsection (a) for a fiscal year, to a particular 
workload, or to a particular depot-level activity if the Secretary 
determines that the waiver is necessary for reasons of national 
security and notifies Congress regarding the reasons for the waiver. 
"(d) EXCEPTION.—Subsection (a) shall not apply with respect to the 
Sacramento Army Depot, Sacramento, California. 
"(e) REPORTS.—Not later than January 15, 1992, and January 15, 
1993, the Secretary of the Army and the Secretary of the Air Force 
shall jointly submit to Congress a report describing the progress 
during the preceding fiscal year to achieve and maintain the 
percentage of depot-level maintenance required to be performed by 
employees of the Department of Defense pursuant to subsection 
(a).". 
(2) The item relating to section 2466 of title 10, United States 
Code, in the table of sections at the beginning of chapter 146 of such 
title is amended to read as follows: 
"2466. Limitations on the performance of depot-level maintenance of materiel.". 
(3) The Secretary of the Army and the Secretary of the Air Force 
may not cancel a depot-level maintenance contract in effect on the 
date of the enactment of this Act in order to comply with the 
requirements of section 2466(a) of such title, as amended by subsec-
tion (a). 
(b) COMPETITION PILOT PROGRAM.—(1) During fiscal years 1992 and 
1993, the Secretary of Defense shall conduct a pilot program under 
which competitive procedures are used to select entities to perform 
depot-level maintenance of materiel for the Department of the 
Army and the Department of the Air Force. Entities eligible for 
selection shall include depot-level activities of the Department of 
Defense. The program may not involve more than 10 percent of all 
depot-level maintenance of materiel that is not required to be 
performed by employees of the Department of Defense pursuant to 
the limitations contained in section 2466 of title 10, United States 
Code. 
(2) Section 922 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1627) is repealed. 
(c) REVIEW BY COMPTROLLER GENERAL.—Not later than February 
1,1994, the Comptroller General shall submit to Congress an evalua-
tion of all depot maintenance workloads of the Department of 
Defense, including Navy depot maintenance workloads, that are 
performed by an entity selected pursuant to competitive procedures. 
(d) REPORT BY SECRETARY OF DEFENSE.—Not later than December 
1,1993, the Secretary of Defense shall submit to Congress a report— 
(1) containing a five-year strategy of the Department of De-
fense to use competitive procedures for the selection of entities 
to perform depot maintenance workloads; and 
(2) describing the cost savings anticipated through the use of 
those procedures. 
SEC. 315. TWO-YEAR EXTENSION OF AUTHORITY OF BASE COMMANDERS 
OVER CONTRACTING FOR COMMERCIAL ACTIVITIES. 
(a) EXTENSION.—Section 2468(f) of title 10, United States Code, is 
amended by striking "September 30, 1991" and inserting in lieu 
thereof "September 30,1993". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall lo use 2468 
take effect as of September 30,1991. 
note. 
10 use 2466 
note. 
10 use 2466 
note. 
105 STAT. 1338 
PUBLIC LAW 102-190—DEC. 5, 1991 
10 use 2208 
SEC. 316. LIMITATIONS ON THE USE OF DEFENSE BUSINESS OPERATIONS 
note. 
FUND. 
(a) MANAGEMENT METHOD.—During the period beginning on the 
date of the enactment of this Act and ending on April 15, 1993, the 
Secretary of Defense may manage the performance of the working-
capital funds and industrial, commercial, and support type activities 
described in subsection (b) through the use of a single Defense 
Business Operations Fund. Except for the funds and activities speci-
fied in subsection (b), no other functions, activities, funds, or ac-
counts of the Department of Defense may be managed through the 
Defense Business Operations Fund. 
(b) FUNDS AND ACTIVITIES INCLUDED.—The funds and activities 
referred to in subsection (a) are— 
(1) working-capital funds established under section 2208 of 
title 10, United States Code, and in existence on the date of the 
enactment of this Act; 
(2) those activities that, on the date of the enactment of this 
Act, are funded through the use of a working-capital fund 
established under that section; and 
(3) the Defense Finance and Accounting Service, the Defense 
Industrial Plant Equipment Center, the Defense Commissary 
Agency, the Defense Technical Information Service, and the 
Defense Reutilization and Marketing Service. 
SEC. 317. ACQUISITION OF INVENTORY. 
(a) LIMITATION.—Chapter 131 of title 10, United States Code, is 
amended by inserting after section 2212 the following new section: 
"§ 2213. Limitation on acquisition of excess supplies 
"(a) Two-YEAR SUPPLY.—The Secretary of Defense may not incur 
any obligation against a stock fund of the Department of Defense for 
the acquisition of any item of supply if that acquisition is likely to 
result in an on-hand inventory (excluding war reserves) of that item 
of supply in excess of two years of operating stocks. 
"Q)) EXCEPTIONS.—The head of a procuring activity may authorize 
the acquisition of an item of supply in excess of the limitation 
contained in subsection (a) if that activity head determines in 
writing— 
"(1) that the acquisition is necessary to achieve an economical 
order quantity and will not result in an on-hand inventory 
(excluding war reserves) in excess of three years of operating 
stocks and that the need for the item is unlikely to decline 
during the period for which the acquisition is made; or 
"(2) that the acquisition is necessary for purposes of main-
taining the industrial base or for other reasons of national 
security.". 
(b) CLERICAL AMENDMENT.—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: 
"2213. Limitation on acquisition of excess supplies.". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1339 
PART C—ENVIRONMENTAL PROVISIONS 
SEC. 331. REIMBURSEMENT REQUIREMENT FOR CONTRACTORS HANDLING 
HAZARDOUS WASTES FROM DEFENSE FACILITIES. 
(a) REQUIREMENT.—(1) Chapter 160 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 2708. Contracts for handling hazardous waste from defense 
facilities 
"(a) REIMBURSEMENT REQUIREMENT.—(1) Each contract or sub-
contract to which this section applies shall provide that, upon 
receipt of hazardous wastes properly characterized pursuant to 
applicable laws and regulations, the contractor or subcontractor will 
reimburse the Federal Government for all liabilities incurred by, 
penalties assessed against, costs incurred by, and damages suffered 
by, the Government that are caused by— 
"(A) the contractor's or subcontractor's breach of any term or 
provision of the contract or subcontract; and 
"(B) any negligent or willful act or omission of the contractor 
or subcontractor, or the employees of the contractor or sub-
contractor, in the performance of the contract or subcontract. 
"(2) Not later than 30 days after such a contract or subcontract is 
awarded, the contractor or subcontractor shall demonstrate that the 
contractor or subcontractor will reimburse the Federal Government 
as provided in paragraph (1). 
"(h) APPLICABIUTY.—(1) Except as provided in paragraph (2), this 
section applies to all contracts entered into by the Secretary of 
Defense or the Secretary of a military department, and all sub-
contracts under such contracts, with an owner or operator of a 
hgizardous waste treatment or disposal facility during fiscal year 
1992 for the offsite treatment or disposal of hazardous wastes from a 
facility under the jurisdiction of the Secretary of Defense. 
"(2) This section does not apply to— 
"(A) any contract or subcontract to perform remedial action 
or corrective action under the Defense Environmental Restora-
tion Program, other programs or activities of the Department of 
Defense, or authorized State hazardous waste programs; 
"(B) any contract or subcontract under which the generation 
of the hazardous WEiste to be disposed of is incidental to the 
performance of the contract; or 
"(C) any contract or subcontract to dispose of ammunition or 
solid rocket motors. 
"(c) EXCEPTION TO REIMBURSEMENT REQUIREMENT.—Notwithstand-
ing subsection (a), in the case of any contract to which this section 
applies, if the Secretary of Defense or the Secretary of the military 
department concerned determines that— 
"(1) there is only one responsible offeror or there is no respon-
sible offeror willing to provide the reimbursement required by 
subsection (a) for such contract; or 
"(2) failure to award the contract would place the facility 
concerned in violation of any requirement of the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), 
then the contract may be awarded without including the reimburse-
ment provision required by subsection (a). 
"(d) DEFINITIONS.—For purposes of this section: 
105 STAT. 1340 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(1) The term 'hazardous waste' has the meanmg given that 
term by section 1004(5) of the Solid Waste Disposal Act (42 
U.S.C. 6903(5)), except that such term also includes poly-
chlorinated biphenyls. 
"(2) The term 'remedial action' has the meaning given that 
term by section 101(24) of the C!omprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601(24)). 
"(3) The term 'corrective action' has the meaning given that 
term under section 3004(u) of the Solid Waste Disposal Act (42 
U.S.C. 6924(u)). 
"(4) The term 'polychlorinated biphenyls' has the meaning 
given that term under section 6(e) of the Toxic Substances 
Control Act (15 U.S.C. 2605(e)). 
"(e) EFFECT ON LIABILITY.—Nothing in this section shall affect the 
liability of the Federal (Government under any Federal or State law 
or under common law.". 
(2) The table of sections relating to chapter 160 of such title is 
amended by adding at the end the following new item: 
"2708. Contracts for handling hazardous waste from defense faciUties.". 
10 u s e 2708 
(b) EFFECTIVE DATE.—Section 2708 of title 10, United States Code, 
"°*®- 
shall apply with respect to contracts entered into after the expira-
tion of the 60-diay period beginning on the date of the enactment of 
this Act. 
SEC. 332. EXTENSION OF WASTE MINIMIZATION PROGRAM. 
Section 354 of the National Defense Authorization Act for Fiscal 
10 use 2701 
Years 1990 and 1991 (Public Law 101-189) is amended as follows: 
"°^- 
(1) Subsection (a) is amended by striking out "fiscal year 
1992" and inserting in lieu thereof "fiscal years 1992, 1993, and 
1994". 
. (2) Subsection (b) is amended in the second sentence by strik-
ing out "fiscal year 1992" and inserting in lieu thereof "each of 
fiscal years 1992,1993, and 1994". 
SEC. 333. PROHIBITION ON USE OF ENVIRONMENTAL 
RESTORATION 
FUNDS FOR PAYMENT OF FINES AND PENALTIES. 
None of the funds appropriated for fiscal year 1992 pursuant to 
the authorization for the Environmental Restoration, Defense ac-
count provided in section 301 may be used for the payment of fines 
or penalties unless the act or omission for which a fine or penalty is 
imposed arises out of activities funded by the account. 
10 u s e 2687 
SEC. 334. ENVIRONMENTAL RESTORATION REQUIREMENTS AT MILITARY 
"ote. 
INSTALLATIONS TO BE CLOSED. 
(a) REQUIREMENTS FOR INSTALLATIONS TO BE CLOSED UNDER 1989 
BASE CLOSURE LIST.—(1) All draft final remedial investigations and 
feasibility studies related to environmental restoration activities at 
each military installation described in paragraph (2) shall be 
submitted to the Environmental Protection Agency not later than 
24 months after the date of the enactment of this Act. 
(2) Paragraph (1) applies to each military installation— 
(A) which is to be closed pursuant to title II of the Defense 
Authorization Amendments and Base Closure and Realignment 
Act (Public Law 100-526; 10 U.S.C. 2687 note); and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1341 
(B) which is on the National Priorities List under the Com-
prehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.). 
Ob) REQUIREMENTS FOR INSTALLATIONS TO BE CLOSED UNDER 
1991 
BASE CLOSURE LIST.—(1) All draft final remedial investigations and 
feasibility studies related to environmental restoration activities at 
each military installation described in paragraph (2) shall be 
submitted to the Environmental Protection Agency not later than 
36 months after the date of the enactment of this Act. 
(2) Paragraph (1) applies to each military installation— 
(A) which is to be closed pursuant to the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public 
Law 101-510) as a result of being recommended for closure in 
the report transmitted to Congress by the President pursuant to 
section 2903(e) of such Act on or before September 1, 1991, and 
(B) which is on the National Priorities List under the Com-
prehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.). 
(c) DEADUNE EXTENSION.—(1) Subject to paragraph (2), the Sec-
retary of Defense, after consultation with the Administrator of the 
Environmental Protection Agency, may extend for a 6-month period 
the period of time in which the requirements of subsection (a) or (b) 
must be met with respect to a military installation covered by 
subsection (a) or (b) if, within the scope of the Federal Facility 
Agreement governing cleanup at the installation, any of the follow-
ing conditions exists at the installation: 
(A) There are newly discovered sites or areas on the installa-
tion where a hazardous substance has been released, stored, or 
disposed of. For purposes of this subparagraph, the term "newly 
discovered" means discovered after the expiration of the 6-
month period beginning on the date of enactment of this Act. 
(B) There are technical engineering difficulties in carrying 
out the investigations and studies. 
(C) Expediting the investigations and studies would constitute 
a substantial endangerment to the public health and the 
environment. 
(D) Adequate funds have not been appropriated to the Depart-
ment of Defense, or adequate resources are not available to any 
party to the Federal Facility Agreement, to carry out or oversee 
the investigations and studies by the applicable deadline. 
(2XA) An extension under paragraph (1) shall take effect i
f
— 
(i) the Secretary of Defense submits to Congress a notification 
containing a certification that, to the best of the Secretary's 
knowledge and belief, the requirements of subsection (a) or (b) 
cannot be met with respect to the military installation by the 
applicable deadline because one of the conditions set forth in 
paragraph (1) exists; and 
(ii) a period of 30 calendar days after receipt by Congress of 
such notice has elapsed. 
(B) In the computation of the 30-day period under subparagraph 
(AXii), there shall be excluded each day on which either House of 
Congress is not in session because of an adjournment of more than 3 
calendar days to a day certain. 
(3) The Secretary may grant more than one 6-month extension for 
a military installation under paragraph (1), but each such extension 
is subject to paragraphs (1) and (2). 
105 STAT. 1342 
PUBLIC LAW 102-190—DEC. 5, 1991 
President. 
(d) BUDGET ESTIMATE.—Each year the President shall include, in 
the budget submitted to Congress for a fiscal year (pursuant to 
section 1105 of title 31, United States Code), an estimate of the 
funding levels required for the Department of Defense to comply 
with this section during the fiscal year for which the budget is 
submitted. 
SEC. 
3
3
5
. 
PROHIBITION ON THE PURCHASE OF SURETY BONDS AND 
OTHER GUARANTIES 
FOR THE DEPARTMENT OF 
DEFENSE. 
No funds appropriated or otherwise made available to the Depart-
ment of Defense for fiscal year 1992 or fiscal year 1993 may be 
obligated or expended for the purchase of surety bonds or other 
guaranties of financial responsibility in order to guarantee the 
performance of any direct function of the Department of Defense. 
SEC. 336. SURETY BONDS FOR DEFENSE ENVIRONMENTAL RESTORATION 
PROGRAM CONTRACTS. 
(a) IN GENERAL.—Section 2701 of title 10, United States Code, is 
amended by adding at the end the following: 
"(h) SURETY-CONTRACTOR RELATIONSHIP.—Any surety which pro-
vides a bid, performance, or payment bond in connection with any 
direct Federal procurement for a response action contract under the 
Defense Environmental Restoration Program and begins activities 
to meet its obligations under such bond, shall, in connection with 
such activities or obligations, be entitled to any indemnification and 
the SEune standard of liability to which its principsd was entitled 
under the contract or under any applicable law or regulation. 
"(i) SURETY BONDS.— 
"(1) APPUCABILITY OF MILLER ACT.—If under the Act of August 
24, 1935 (40 U.S.C. 270a-270d), commonly referred to as the 
'Miller Act', surety bonds are required for any direct Federal 
procurement of any response action contract under the Defense 
Environmental Restoration Program and are not waived pursu-
ant to the Act of April 29,1941 (40 U.S.C. 270e-270f), the surety 
bonds shall be issued in accordance with such Act of August 24, 
1935. 
"(2) 
LIMITATION OF ACCRUAL OF RIGHTS OF ACTION UNDER 
BONDS.—If, under applicable Federal law, surety bonds are re-
quired for any direct Federal procurement of any response 
action contract under the Defense Environmental Restoration 
Program, no right of action shall accrue on the performance 
bond issued on such contract to or for the use of any person 
other than an obligee named in the bond. 
"(3) LiABiUTY OF SURETIES UNDER BONDS.—If, Under applicable 
Federal law, surety bonds are required for any direct Federal 
procurement of any response action contract under the Defense 
Environmental Restoration Program, unless otherwise provided 
for by the Secretary in the bond, in the event of a default, the 
surety's liability on a performance bond shall be only for the 
cost of completion of the contract work in accordance with the 
plans and specifications of the contract less the balance of funds 
remaining to be paid under the contract, up to the penal sum of 
the bond. The surety shall in no event be liable on bonds to 
indemnify or compensate the obligee for loss or liability arising 
from personal injury or property damage whether or not caused 
by a breach of the bonded contract. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1343 
"(4) NoNPREEMPTiON.—Nothing in this section shall be con-
strued as preempting, limiting, superseding, affecting, appljdng 
to, or modifsdng any State laws, regulations, requirements, 
rules, practices, or procedures. Nothing in this section shall be 
construed 
as affecting, 
appljdng to, modifying, 
limiting, 
superseding, or preempting any rights, authorities, liabilities, 
demands, actions, causes of action, losses, judgment, claims, 
statutes of limitation, or obligations under Federal or State law, 
which do not arise on or under the bond. 
"(j) APPUCABILITY.—Subsections (h) and (i) shall not apply to 
bonds executed before the date of the enactment of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 or after 
December 31,1992.". 
PART D—OTHER MATTERS 
SEC. 
3
4
1
. 
ANNUAL 
REPORT 
ON 
DEFENSE 
CAPABILITIES 
AND 
PROGRAMS 
OF 
THE 
ARMED 
FORCES. 
Section 113(i)(2) of title 10, United States Code, is amended— 
(1) by redesignating subparagraphs (C) and (D) £is subpara-
graphs (D) and (E), respectively; and 
(2) by inserting after subparagraph (B) the following new 
subparagraph: 
"(C) include a description of the means by which the Depart-
ment of Defense will maintain the capability to reconstitute or 
expand the defense capabilities and programs of the armed 
forces of the United States on short notice to meet a resurgent 
or increased threat to the national security of the United 
States;". 
SEC. 
3
4
2
. 
COVERAGE OF CONTRACTS FOR EQUIPMENT MAINTENANCE 
AND OPERATION UNDER PROVISION ALLOWING APPRO-
PRIATED 
FUNDS 
TO 
BE 
AVAILABLE 
FOR 
CERTAIN 
CONTRACTS 
FOR 
1
2 
MONTHS. 
Section 2410a of title 10, United States Code, is amended— 
(1) in paragraph (1), by inserting ", equipment," after "tools"; 
£md 
(2) by adding at the end the following new paragraph: 
"(4) The operation of equipment.". 
SEC. 343. USE OF PROCEEDS FROM THE SALE OF CERTAIN LOST, ARAN-
DONED, OR UNCLAIMED PERSONAL PROPERTY. 
(a) DEMONSTRATION PROJECT.—Notwithstanding section 2575(b) of 
title 10, United States Code, the Secretary of Defense shall conduct a 
demonstration project under which the proceeds from the sale under 
that section of lost, abandoned, or unclaimed property found on a 
military installation referred to in subsection O
t
>
) shall be credited to 
the operation and maintenance account of that installation and 
used— 
(1) to reimburse the installation for any costs incurred by the 
installation to collect, transport, store, protect, or sell the prop-
erty; and 
(2) if all such costs are reimbursed, to support morale, welfare, 
and recreation activities under the jurisdiction of the Armed 
Forces conducted for the comfort, pleasure, contentment, or 
physical or mental improvement of members of the Armed 
Forces at that installation. 
105 STAT. 1344 
PUBLIC LAW 102-190-DEC. 5, 1991 
(b) COVERED MILITARY INSTALLATIONS.—Subsection (a) shall apply 
to Naval Base, Norfolk, Virginia, and Naval Air Station, Norfolk, 
Virginia. 
(c) RECOVERY OF PROCEEDS.—The owner (or the heirs, next of kin, 
or legal representative of the owner) of personal property the pro-
ceeds of which are credited to a military installation under subsec-
tion (a) may file a claim with the Secretary of Defense for the 
amount equal to the proceeds (less costs referred to in subsection 
(a)(1)). Amounts to pay the claim shall be drawn from the morale, 
welfare, and recreation account for the installation that received the 
proceeds. Unless the claim is filed with the Secretary of Defense 
within five years after the date of the disposal of the property, the 
claim may not be considered by a court or the Secretary of Defense. 
A claim may not be filed under section 2575(b) of title 10, United 
States Code, in the case of property covered by this section. 
(d) PERIOD OF DEMONSTRATION PROJECT.—The demonstration 
project required by subsection (a) shall— 
(1) terminate at the end of the one-year period beginning on 
the date of the enactment of this Act; and 
(2) apply with respect to the disposal during that period under 
section 2575 of title 10, United States Code, of property found on 
the military installations referred to in subsection (b). 
(e) REPORT.—Not later than 60 days after the end of the one-year 
period described in subsection (d), the Secretary of Defense shall 
submit a report to Congress describing the results of the demonstra-
tion project required by subsection (a). 
SEC. 344. USE OF PROCEEDS FROM THE TRANSFER OR DISPOSAL OF COM-
MISSARY STORE FACILITIES AND PROPERTY PURCHASED 
WITH NONAPPROPRIATED FUNDS. 
(a) BASE CLOSURES UNDER 1988 ACT.—(1) Section 204(b)(4) of the 
Defense Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100-526; 102 Stat. 2629; 10 U.S.C. 
2687 note) is amended— 
(A) by inserting "or (C)" after "subparagraph (B)" in subpara-
graph (A); and 
(B) by adding at the end the following new subparagraphs: 
"(C) In the case of the transfer or disposal under this subsection of 
any real property or facility that was acquired, constructed, or 
improved (in whole or in part) with funds described in subparagraph 
(D), a portion of the proceeds equal to the total amount of the funds 
so used shall be deposited in a reserve account established in the 
Treasury to be administered and used by the Secretary (in such an 
aggregate amount as is provided in advance in appropriation Acts) 
for the purpose of acquiring, constructing, or improving commissary 
stores and nonappropriated fund instrumentalities. 
"(D) The funds referred to in subparagraph (C) are funds received 
from— 
"(i) the adjustment of, or surcharge on, selling prices at 
commissary stores fixed under section 2685 of title 10, United 
States Code (or a prior law to that effect); or 
"(ii) a nonappropriated fund instrumentality.". 
10 use 2687 
(2) Section 209 of that Act (102 Stat. 2634) is amended by adding at 
"
*
*
*
*
• 
the end the following new paragraph: 
"(10) The term 'nonappropriated fund instrumentality' means 
an instrumentality of the United States under the jurisdiction 
of the Armed Forces (including the Army and Air Force Ex-
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1345 
change Service, the Navy Resale and Services Support Office, 
and the Marine Corps exchanges) which is conducted for the 
J 
comfort, pleasure, contentment, or physical or mental improve-
ment of members of the Armed Forces.". 
(b) BASE CLOSURES UNDER 1990 ACT.—(1) Section 2906 of the 
Defense Base Closure and Realignment Act of 1990 (part A of title 
XXIX of Public Law 101-510; 104 Stat. 1815; 10 U.S.C. 2687 note) is 
amended— 
(A) in subsection (a)(2)(C), by inserting "except as provided in 
subsection (d)," after "(C)"; and 
(B) by adding at the end the following new subsection: 
"(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROPERTY 
PURCHASED WITH NONAPPROPRIATED FUNDS.—(1) In the case of the 
transfer or disposal under this part of any real property or facility 
that was acquired, constructed, or improved (in whole or in part) 
with funds described in paragraph (2), a portion of the proceeds 
equal to the total amount of the funds so used shall be deposited in 
the reserve account established under section 204(b)(4XC) of the 
Defense Authorization Amendments and Base Closure and Realign-
ment Act. The Secretary may use amounts in the account (in such 
an aggregate amount as is provided in advance in appropriation 
Acts) for the purpose of acquiring, constructing, or improving com-
missary stores and nonappropriated fund instrumentalities. 
"(2) The funds referred to in paragraph (1) are funds received 
from— 
"(A) the adjustment of, or surcharge on, selling prices at 
commissary stores fixed under section 2685 of title 10, United 
States Code; or 
"(B) a nonappropriated fund instrumentality. 
"(3) As used in this subsection, the term 'nonappropriated fund 
instrumentality' means an instrumentality of the United States 
under the jurisdiction of the Armed Forces (including the Army and 
Air Force Exchange Service, the Navy Resale and Services Support 
Office, and the Marine Corps exchanges) which is conducted for the 
comfort, pleasure, contentment, or physical or mental improvement 
of members of the Armed Forces.". 
(2) Section 2921 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1819; 10 U.S.C. 2687 
note) is amended— 
(A) in subsection (c)(1), by striking out "Any" in the second 
sentence and inserting in lieu thereof "Except as provided in 
subsection (d),"; and 
(B) by adding at the end the following new subsection: 
"(d) AMOUNTS CORRESPONDING TO THE VALUE OF PROPERTY PUR-
CHASED WITH NONAPPROPRIATED FUNDS.—(1) In the case of a pay-
ment referred to in subsection (c)(1) for the residual value of real 
property or improvements at an overseas military facility, the por-
tion of the payment that is equal to the value of the improvements 
carried out with nonappropriated funds shall be deposited in the 
reserve account established under section 204(b)(4)(C) of the Defense 
Authorization Amendments and Base Closure and Realignment Act. 
The Secretary may use amounts in the account (in such an aggre-
gate amount as is provided in advance by appropriation Acts) for the 
purpose of acquiring, constructing, or improving commissary stores 
and nonappropriated fund instrumentalities. 
"(2) As used in this subsection: 
105 STAT. 1346 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(A) The term 'nonappropriated funds' means funds received 
from— 
"(i) the adjustment of, or surcharge on, selling prices at 
commissary stores fixed under section 2685 of title 10, 
United States Code; or 
"(ii) a nonappropriated fund instrumentality. 
"(B) The term 'nonappropriated fund instrumentsdity' means 
an instrumentality of the United States under the jurisdiction 
of the Armed Forces (including the Army and Air Force Ex-
change Service, the Navy Resale and Services Support Office, 
and the Marine Corps exchanges) which is conducted for the 
comfort, pleasure, contentment, or physical or mental improve-
ment of members of the Armed Forces.". 
10 use 2687 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
^°^- 
apply with regard to the transfer or disposal of any real property or 
facility pursuant to title II of the Defense Authorization Amend-
ments and Base Closure and Realignment Act or the Defense Base 
Closure and Realignment Act of 1990 occurring on or after the date 
of the enactment of this Act. 
SEC. 
3
4
5
. 
USE 
OF 
APPROPRIATED 
FUNDS 
FOR 
EXPENSES 
RELATING 
TO 
CERTAIN 
VOLUNTARY 
SERVICES. 
Section 1588(c) of title 10, United States Code, is amended by 
striking out "may only be made from nonappropriated funds" in the 
third sentence and inserting in lieu thereof "may be made from 
appropriated or nonappropriated funds". 
SEC. 
3
4
6
. 
TREATMENT OF SEVERANCE PAY FOR FOREIGN NATIONALS 
UNDER 
OVERSEAS 
MILITARY 
BANKING 
CONTRACTS. 
(a) WAIVER AUTHORITY.—Section 2324(e) of title 10, United States 
Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph: 
"(2XA) The Secretary may provide in a military banking contract 
that the provisions of paragraphs (1)(M) and (IXN) shall not apply to 
costs incurred under the contract by the contractor for payment of 
mandated foreign national severance pay. The Secretary may in-
clude such a provision in a military banking contract only if the 
Secretary determines, with respect to that contract, that the con-
tractor has taken (or has established plans to take) appropriate 
actions within the contractor's control to minimize the amount and 
number of incidents of the pajonent of severance pay by the contrac-
tor to employees under the contract who are foreign nationals. 
"(B) In subparagraph (A): 
"(i) The term 'military banking contract' means a contract 
between the Secretary and a financial institution under which 
the financial institution operates a military banking facility 
outside the United States for use by members of the armed 
forces stationed or deployed outside the United States and other 
authorized personnel. 
"(ii) The term 'mandated foreign national severance pay' 
means severance pay paid by a contractor to a foreign national 
employee the payment of which by the contractor is required in 
order to comply with a law that is generally applicable to a 
significant number of businesses in the country in which the 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1347 
foreign national receiving the payment performed services 
under the contract. 
"(C) Subparagraph (A) does not apply to a contract with a finan-
cial institution that is owned or controlled by citizens or nationals of 
a foreign country, as determined by the head of the agency awarding 
the contract. Such a determination shall be made in accordance 
with the criteria set out in paragraph (1) of section 4(g) of title III of 
the Act of March 3, 1933 (41 U.S.C. lOb-1) (commonly referred to as 
the Buy American Act) and the policy guidance referred to in 
paragraph (2)(A) of that section.". 
(b) APPLICATION OF SECTION.—The amendments made by subsec-
tion (a) shall not apply with respect to a foreign national whose 
employment under a military banking contract (defined in section 
2324(eX2)(B) of title 10, United States Code, as added by subsection 
(a)) was terminated before the date of the enactment of this Act. 
SEC. 347. IMPROVEMENT OF INVENTORY MANAGEMENT POLICY AND 
PROCEDURE. 
(a) IMPROVEMENT IN INVENTORY MANAGEMENT POLICY.—Section 
2458(a) of title 10, United States Code, is amended— 
(1) by strildng 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 new paragraph: 
"(3) set forth a uniform system for the valuation of inventory 
items by the military departments and Defense Agencies.". 
(b) ANNUAL REPORT ON INVENTORY.—Section 2721 of such title is 
amended— 
(1) by inserting "(a)" before "Under"; and 
(2) by adding at the end the following new subsection: 
"(b) The regulations prescribed pursuant to subsection (a) shall 
include a requirement that the records maintained under such 
subsection— 
"(1) to the extent practicable, provide up-to-date information 
on all items in the inventory of the Department of Defense; 
"(2) indicate whether the inventory of each item is sufficient 
or excessive in relation to the needs of the Department for that 
item; and 
"(3) permit the Secretary of Defense to include in the budget 
submitted to Congress under section 1105 of title 31 for each 
fiscal year, information relating to— 
"(A) the amounts proposed for each appropriation ac-
count in such budget for inventory purchases of the Depart-
ment of Defense; and 
"(B) the amounts obligated for such inventory purchases 
out of the corresponding appropriations account for the 
preceding fiscal year.". 
(c) IMPLEMENTATION.—The Secretary of Defense shall establish the 
uniform system of valuation described in section 2458(a)(3) of title 
10, United States Code (as added by subsection (a)), and prescribe the 
regulations required by section 2721(b) of such title (as added by 
subsection (b)), not later than 180 days after the date of the enact-
ment of this Act. 
10 u s e 2324 
note. 
Regulations. 
10 u s e 2721 
note. 
105 STAT. 1348 
PUBLIC LAW 102-190—DEC. 5, 1991 
7 u s e 426 
SEC. 348. PREVENTION OF THE TRANSPORTATION OF BROWN TREE 
note. 
SNAKES ON AIRCRAFT AND VESSELS OF THE DEPARTMENT OF 
DEFENSE. 
The Secretary of Defense shall take such action as may be nec-
essary to prevent the inadvertent introduction of brown tree snakes 
from Guam to Hawaii in aircraft and vessels transporting personnel 
or cargo for the Department of Defense. In carrying out this section, 
the Secretary shall consider the use of sniffer or tracking dogs, 
snake traps, and other preventive processes or devices at aircraft 
and vessel loading facilities in Guam or Hawaii or at intermediate 
transit points for personnel or cargo transported between Guam and 
HawEiii. 
SEC. 349. DONATION OF CERTAIN SCRAP METAL TO THE MEMORIAL FUND 
FOR DISASTER RELIEF. 
(a) DONATION AUTHORIZED.—Notwithstanding any provision of the 
Federal Property and Administrative Services Act of 1941 (40 U.S.C. 
471 et seq.) or any other provision of law, the Secretary of Defense 
may donate not more than 15 tons of cruise missile scrap generated 
by the INF Treaty destruction requirements and managed by the 
Defense Logistics Agency at the Davis-Monthan Air Force Base, 
Tucson, Arizona, to the Memorial Fund for Disaster Relief, a cor-
poration incorporated under the laws of the State of Delaware. 
(b) INF TREATY DEFINED.—For purposes of this section, the term 
"INF Treaty" means the Treaty Between the United States and the 
Union of Soviet Socialist Republics on the Elimination of Their 
Intermediate-Range and Shorter-Range Missiles, signed in Washing-
ton, D.C., on December 8,1987. 
SEC. 350. MANAGEMENT OF MARITIME PREPOSITIONING SHIP PRO-
GRAMS. 
(a) PRIMARY RESPONSIBILITY.—Subject to the authority, direction, 
and control of the Secretary of Defense, the Commandant of the 
Marine Corps shall have the primary responsibility within the 
Department of Defense for managing the maritime prepositioning 
ship programs of the Department of Defense during fiscal years 1993 
and 1994. 
(b) CHANGE IN PERSON RESPONSIBLE.—The Secretary of Defense 
may give the primary responsibility referred to in subsection (a) to a 
person other than the Commandant of the Marine Corps with 
respect to a fiscal year if, not later than May 1 of the year in which 
that fiscal year begins, the Secretary certifies to the congressional 
defense committees that— 
(1) the Navy's funding of maritime prepositioning ship pro-
grams is adequate to meet Marine Corps requirements for that 
fiscal year; and 
(2) the Navy's maritime prepositioning ship program meets 
the requirements of the combatant commands for that fiscal 
year. 
(c) CONSULTATION.—Before making a certification under subsec-
tion G)), the Secretary of Defense shall consult with the Com-
mandant of the Marine Corps and the commanders of the combatant 
commands having responsibility for conducting or relying on mobil-
ity force operations. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1349 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
PART A—ACTIVE FORCES 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
10 USC 115 
(a) 
FISCAL YEAR 1992.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 1992, as 
follows: 
(1) The Army, 660,200, of whom not more than 96,781 shall be 
commissioned officers. 
(2) The Navy, 551,400, of whom not more than 69,768 shall be 
commissioned officers. 
(3) The Marine Corps, 188,000 of whom not more than 19,180 
shall be commissioned officers. 
(4) The Air Force, 486,800 of whom not more than 92,020 shall 
be commissioned officers. 
(b) FISCAL YEAR 1993.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 1993, as 
follows: 
(1) The Army, 618,200 of whom not more than 90,768 shall be 
commissioned officers. 
(2) The Navy, 536,000, of whom not more than 67,607 shall be 
commissioned officers. 
(3) The Marine Corps, 182,200 of whom not more than 18,591 
shall be commissioned officers. 
(4) The Air Force, 458,100 of whom not more than 86,594 shall 
be commissioned officers. 
SEC. 402. ASSESSMENT OF THE STRUCTURE AND MIX OF ACTIVE AND 
10 USC 115a 
RESERVE FORCES. 
note 
(a) REQUIREMENT FOR ASSESSMENT.—The Secretary of Defense 
Reports, 
shall submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report containing an assessment of a 
wide range of alternatives relating to the structure and mix of 
active and reserve forces appropriate for carrying out assigned 
missions in the mid- to late-1990s. 
(b) CONCEPT FOR ASSESSMENT.—(1) The assessment shall consist of 
two parts. 
(2)(A) The first part shall consist of a study conducted by a 
federally funded research and development center that is independ-
ent of the military departments. The study shall provide comprehen-
sive analytical information about the matters set out in subsection 
(0. 
(B) The Secretary shall ensure that the study group established by 
the federally funded research and development center to conduct 
the study has full access to the Department of Defense information 
necessary for the conduct of the study, including information on the 
performance of active and reserve forces during Operations Desert 
Shield and Desert Storm. The study group shall examine all active 
and reserve component missions, with particular emphasis on mis-
sions carried out by land forces. 
(C) The study group shall be assisted by a panel of experts who, by 
reason of their background, experience, and knowledge, are particu-
larly qualified in the areas covered by the study. 
(3) The second part of the assessment shall consist of an evalua-
tion by the Secretary of Defense £ind the Chairman of the Joint 
Chiefs of Staff of the independent analysis, assumptions, findings, 
105 STAT. 1350 
PUBLIC LAW 102-190—DEC. 5, 1991 
and recommendations of the study group under paragraph (1). The 
Secretary and the Chairman shall determine, on the basis of the 
evaluation, the mix or mixes of reserve and active forces included in 
the independent study that are considered acceptable to carry out 
expected future military missions. 
(c) MATTERS TO BE INCLUDED.—(1) The study conducted pursuant 
to subsection (b)(2) shall include the following: 
(A) An assessment of the existing policies and practices for 
implementing the Total Force Policy of the Department of 
Defense, including— 
(i) the methodology used by the Department of Defense in 
assigning missions between the active and reserve compo-
nents; and 
(ii) the methodology used by the Department of Defense 
to determine how force reductions are distributed within 
and between active and reserve components. 
(B) An assessment of the effectiveness of the Total Force 
Policy during the Persian Gulf conflict. 
(C) An assessment of a range of possible mixes of active and 
reserve forces, assuming a range of manning levels and declin-
ing funding levels. 
(D) An assessment of the costs associated with alternative 
active and reserve force mixes and structures. 
(2) In making the assessment referred to in paragraph (IXC), the 
study group referred to in subsection (bX2) shall— 
(A) for each active forces manning level considered in the 
range of possible mixes of active and reserve forces, consider the 
levels provided for the Selected Reserve in this Act for fiscal 
year 1993, levels significantly higher than those levels, and 
levels significantly lower than those levels; 
(B) for each mix of active and reserve forces, conduct an 
analysis of the ability of the resulting alternative base-forces to 
successfully prosecute a range of military operations and focus 
on the time that would be required to prepare such forces for 
combat, the cost of training and maintaining such forces in 
peacetime, and the sustainability of reserve recruiting and 
retention; and 
(C) in analyzing various active and reserve mix options, con-
sider possible revisions in the missions assigned to some active 
and reserve units, possible changes in training practices, and 
possible changes in the organizational structure of active and 
reserve components. 
(d) COMMENCEMENT OF ASSESSMENT.—The assessment shall be 
initiated not later than 30 days after the date of the enactment of 
this Act. 
(e) REPORTS.—The study group referred to in subsection (b)(2) shall 
submit to the Secretary of Defense an interim report on the matters 
set out in subsection (c) not later than May 1, 1992, and a final 
report on such matters not later than December 1, 1992. The 
Secretary shall submit each such report to the committees within 15 
days after receiving the report. The Secretary shall submit the 
evaluation required in subsection (bX3) to such committees not later 
than February 15,1993. 
(f) FUNDING.—Of the amount appropriated for fiscal year 1992 
pursuant to title II and made available for federally funded research 
and development centers, not more than $2,000,000 shall be avail-
able for the conduct of the study under this section. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1351 
PART B—RESERVE FORCES 
SEC. 
4
1
1
. 
END 
STRENGTHS 
FOR 
SELECTED 
RESERVE. 
1
0 
USC 
2
6
1 
(a) FISCAL YEAR 1992.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve components 
as of September 30,1992, as follows: 
(1) The Army National Guard of the United States, 440,000. 
(2) The Army Reserve, 308,000. 
(3) The Naval Reserve, 144,000. 
(4) The Marine Corps Reserve, 42,400. 
(5) The Air National Guard of the United States, 118,100. 
(6) The Air Force Reserve, 83,396. 
(7) The Coast Guard Reserve, 15,150. 
GD) FISCAL YEAR 1993.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve components 
as of September 30,1993, as follows: 
(1) The Army National Guard of the United States, 425,450. 
(2) The Army Reserve, 296,230. 
(3) The Naval Reserve, 141,545. 
(4) The Marine Corps Reserve, 42,230. 
(5) The Air National Guard of the United States, 119,400. 
(6) The Air Force Reserve, 82,400. 
(7) The Coast Guard Reserve, 15,150. 
(c) WAIVER AUTHORITY.—The Secretary of Defense may increase 
the end strength authorized by subsection (a) by not more than 2 
percent. 
(d) ADJUSTMENTS.—The end strengths prescribed by subsection (a) 
for the Selected Reserve of any reserve component for any fiscal 
year shall be proportionately reduced by— 
(1) the total authorized strength of units organized to serve as 
units of the Selected Reserve of such component which are on 
active duty (other than for training) at 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. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT 10 USC 261 
OF THE RESERVES. 
note. 
(a) FISCAL YEAR 1992.—Within the end strengths prescribed in 
section 411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 1992, 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: 
(1) The Army National Guard of the United States, 25,142. 
(2) The Army Reserve, 13,146. 
(3) The Naval Reserve, 22,521. 
(4) The Marine Corps Reserve, 2,285. 
105 STAT. 1352 
PUBLIC LAW 102-190—DEC. 5, 1991 
(5) The Air National Guard of the United States, 9,081. 
(6) The Air Force Reserve, 649. 
(b) FISCAL YEAR 1993.—Within the end strengths prescribed in 
section 4110?), the reserve components of the Armed Forces are 
authorized, as of September 30, 1993, 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: 
(1) The Army National Guard of the United States, 24,860. 
(2) The Army Reserve, 12,862. 
(3) The Naval Reserve, 22,055. 
(4) The Marine Corps Reserve, 2,282. 
(5) The Air National Guard of the United States, 9,081. 
(6) The Air Force Reserve, 636. 
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AU-
THORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RE-
SERVES. 
(a) SENIOR ENLISTED MEMBERS.—The table in section 5170)) of title 
10, United States Code, is amended to read as follows: 
"Grade 
E-9 
E-8 
(h) OFFICERS.—The table in 
to read as follows: 
"Grade 
Lieutenant Colonel or Commander,. 
Colonel or Navy Captain 
Army 
569 
2,585 
Navy 
202 
429 
Air 
Marine 
Force 
Corps 
279 
14 
800 
74". 
section 524(a) of such title is amended 
Army 
3,219 
1,524 
372 
Navy 
1,071 
520 
188 
Air 
Marine 
Force 
Corps 
575 
110 
595 
75 
227 
25". 
10 use 261 
SEC. 414. PILOT PROGRAM FOR ACTIVE COMPONENT SUPPORT OF THE 
note. 
RESERVES. 
(a) PILOT PROGRAM REQUIRED.—During fiscal year 1993, the Sec-
retary of the Army shall institute a pilot program to provide active 
component advisers to combat units, combat support units, and 
combat service support units in the Selected Reserve of the Ready 
Reserve that have a high priority for deployment on a time-phased 
troop deployment list or have another contingent high priority for 
deployment. The advisers shall be assigned to full-time duty in 
connection with organizing, administering, recruiting, instructing, 
or training such units. 
OJ) OBJECTIVES OF PROGRAM.—The objectives of the program are as 
follows: 
(1) To improve the readiness of units in the reserve compo-
nents of the Army. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1353 
(2) To increase substantially the number of active component 
personnel directly advising reserve component unit personnel. 
(3) To provide a basis for determining the most effective mix 
of reserve component personnel and active component person-
nel in organizing, administering, recruiting, instructing, or 
training reserve component units. 
(4) To provide a basis for determining the most effective mix 
of active component officer and enlisted personnel in advising 
reserve component units regarding organizing, administering, 
recruiting, instructing, or training reserve component units. 
(c) PERSONNEL TO BE ASSIGNED.—(1) The Secretary shall assign 
officers, warrant officers, and enlisted members to serve as advisers 
under the program. Subject to paragraph (2), the Secretary shall 
determine the appropriate mix and numbers of such personnel to be 
assigned under the program. 
(2) The Secretary shall assign at least 1,300 officers as advisers to 
combat units and 700 officers as advisers to combat support units 
and combat service support units. 
(3) The number of officers performing duties under the program in 
fiscal year 1993 shall be counted for purposes of section 401(b)(1). 
(d) ACTION ON THE BASIS OF PROGRAM RESULTS.—Based on the 
experience under the pilot program, the Secretary of the Army may 
expand or modify the program as he considers appropriate in order 
to increase the readiness and training of reserve component units 
for any period after September 30, 1993. Modifications in the pro-
gram may not reduce the minimum number of officer advisers 
assigned below 2,000. 
(e) ARMY RESERVE COMPONENT END STRENGTHS FOR FISCAL YEARS 
1994-1998.—(1) Subsection (b) of section 412 of the National Defense 
Authorization Act for Fiscal Year 1991 (104 Stat. 1547; 10 U.S.C. 261 
note) is amended— 
(A) by striking out "FISCAL YEARS 1992-1997.—" and inserting 
in lieu thereof "FISCAL YEARS 1994-1998.—"; and 
(B) by striking out the table in paragraph (2) and inserting in 
lieu thereof the following: 
"Fiscal Year 
Army Reserve 
Army National Guard 
1994 
12,006 
23,579 
1995 
11,339 
22,269 
1996 
10,672 
20,959 
1997 
10,005 
19,649 
1998 
9,341 
18,340". 
(2) Subsection (d) of such section is amended— 
(A) in paragraph (1), by striking out "fiscal year 1992" and 
inserting in lieu thereof "fiscal year 1994"; and 
(B) in paragraph (2), by striking out "fiscal years 1992 and 
1993" and inserting in lieu thereof "fiscal year 1994". 
PART C—MILITARY TRAINING STUDENT LOADS 
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS. 
* 
(a) FISCAL YEAR 1992.—For fiscal year 1992, the Armed Forces are 
authorized average military training loads as follows: 
(1) The Army, 80,724. 
(2) The Navy, 61,619. 
(3) The Marine Corps, 24,533. 
105 STAT. 1354 
PUBLIC LAW 102-190—DEC. 5, 1991 
(4) The Air Force, 36,361. 
(5) The Uniformed Services University of the Health Sciences, 
619. 
(h) FISCAL YEAR 1993.—For fiscal year 1993, the Armed Forces are 
authorized average military training loads as follows: 
(1) The Army, 76,534. 
(2) The Navy, 61,567. 
(3) The Marine Corps, 24,992. 
(4) The Air Force, 35,994. 
(5) The Uniformed Services University of the Health Sciences, 
602. 
(c) ADJUSTMENTS.—The average military student loads authorized 
in subsections (a) and 0?) shall be adjusted consistent with the end 
strengths authorized in parts A and B. The Secretary of Defense 
shall prescribe the manner in which such adjustments shall be 
apportioned. 
PART D—OTHER PERSONNEL STRENGTH MATTERS 
SEC. 43L REDUCTION IN 
NUMBER 
OF ACTIVE DUTY AIR FORCE 
COLONELS. 
The table in section 523(aXl) of title 10, United States Code, is 
amended by striking out the figures under the heading "Colonel" 
relating to the Air Force and inserting in lieu thereof the following: 
"3,392 
"3,573 
"3,754 
"3,935 
"4,115 
"4,296 
"4,477 
"4,658 
"4,838 
"5,019 
"5,200 
"5,381". 
TITLE V—MILITARY PERSONNEL POLICY 
PART A—OFFICER PERSONNEL POUCIES 
SEC. 501. INITIAL APPOINTMENT OF COMMISSIONED OFFICERS TO BE IN 
A RESERVE GRADE. 
Section 532 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
"(e) After September 30, 1996, no person may receive an original 
appointment as a commissioned officer in the Regular Army, Regu-
lar Navy, Regular Air Force, or Regular Marine Corps until that 
person has completed one year of service on active duty as a 
commissioned officer (other than a warrant officer) of a reserve 
component.". 
SEC. 502. TRANSITION PERIOD FOR CERTAIN GENERAL AND FLAG OFFI-
CERS AWAITING RETIREMENT. 
(a) REDUCTION IN PERIOD.—Section 601(b)(4) of title 10, United 
States Code, is amended by striking out "90 days" and inserting in 
lieu thereof "60 days". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1355 
Qy) EFFECTIVE DATE.—The amendment made by subsection (a) lO use 601 
shall take effect on the first day of the first month that begins more " 
than 90 days after the date of the enactment of this Act. 
SEC. 503. SELECTIVE EARLY RETIREMENT FLEXIBILITY AUTHORITY. 
(a) EXCLUSION OF OFFICERS OTHERWISE APPROVED FOR RETIRE-
MENT.—Section 638(e) of title 10, United States Code, is amended— 
(1) by inserting "(1)" after "(e)"; 
(2) by designating the second sentence as paragraph (2XA); 
(3) by inserting "(except as provided in subparagraph (B))" 
after "under this section, such list"; and 
(4) by adding at the end the following: 
"(B) A list under subparagraph (A) may not include an officer in 
that grade and competitive category who has been approved for 
voluntary retirement under section 3911, 6323, or 8911 of this title, 
or who is to be involuntarily retired under any provision of law, 
during the fiscal year in which the selection board is convened or 
during the following fiscal year. 
"(C) An officer not considered by a selection board convened under 
section 611(b) of this title by reason of subparagraph (B) shall be 
retired on the date approved for the retirement of that officer as of 
the convening date of such selection board unless the Secretary 
concerned approves a modification of such date in order to prevent a 
personal hardship for the officer or for other humanitarian rea-
sons.". 
(b) TEMPORARY EARLY RETIREMENT SELECTION AUTHORITY.—(1) 
Subparagraph (C) of section 638a(bX2) of such title is amended to 
read as follows: 
"(C) Officers, other than those described in subpara-
graphs (A) and (B), holding a regular grade below the grade 
of colonel, or in the case of the Navy, captain, who are 
eligible for retirement under section 3911, 6323, or 8911 of 
this title, or who after two additional years or less of active 
service would be eligible for retirement under one of those 
sections and whose names are not on a list of officers 
recommended for promotion.". 
(2) Subsection (c) of section 638a of such title is amended— 
(A) by inserting "(1)" after "(c)"; and 
(B) by adding at the end the following: 
"(2) In the case of an action authorized under subsection (bX2), the 
Secretary of Defense may also authorize the Secretary of the mili-
tary department concerned when convening a selection board under 
section 611(b) of this title to consider regular officers on the active-
duty list for early retirement to include within the officers to be 
considered by the board reserve officers on the active-duty list on 
the same basis as regular officers.". 
SEC. 504. INTEGRITY OF THE PROMOTION SELECTION BOARD PROCESS. 
(a) COMMUNICATIONS WITH BOARDS.—(1) Section 615 of title 10, 
United States Code, is amended— 
(A) by redesignating subsections (a) through (d) as subsections 
(b) through (e); and 
(B) by inserting after the section heading the following new 
subsection (a): 
"(aXD The Secretary of Defense shall prescribe regulations Regulations. 
governing information furnished to selection boards convened under 
section 611(a) of this title. Those regulations shall apply uniformly 
105 STAT. 1356 
PUBLIC LAW 102-190—DEC. 5, 1991 
among the military departments. Any regulations prescribed by the 
Secretary of a military department to supplement those regulations 
may not take effect without the approval of the Secretary of Defense 
in writing. 
"(2) No information concerning a particular eligible officer may be 
furnished to a selection board except for the following: 
"(A) Information that is in the officer's official military 
personnel file and that is provided to the selection board in 
accordance with the regulations prescribed by the Secretary of 
Defense pursuant to paragraph (1). 
"(B) Other information that is determined by the Secretary of 
the military department concerned, after review by that Sec-
retary in accordance with standards and procedures set out in 
the regulations prescribed by the Secretary of Defense pursuant 
to paragraph (1), to be substantiated, relevant information that 
could reasonably and materially affect the deliberations of the 
selection board. 
"(C) Subject to such limitations as may be prescribed in those 
regulations, information communicated to the board by the 
officer in accordance with this section, section 614(b) of this title 
(including any comment on information referred to in subpara-
graph (A) regarding that officer), or other applicable law. 
"(D) A factual summary of the information described in sub-
paragraphs (A), (B), and (C) that, in accordance with the regula-
tions prescribed pursuant to paragraph (1), is prepared by 
administrative personnel for the purpose of facilitating the 
work of the selection board. 
"(3) Information provided to a selection board in accordance with 
paragraph (2) shall be made available to all members of the board 
and shall be made a part of the record of the board. Communication 
of such information shall be in a written form or in the form of an 
audio or video recording. If a communication is in the form of an 
audio or video recording, a written transcription of the recording 
shall also be made a part of the record of the selection board. 
"(4) Paragraphs (2) and (3) do not apply to the furnishing of 
appropriate administrative processing information to the selection 
board by administrative staff designated to assist the board, but only 
to the extent that oral communications are necessary to facilitate 
the work of the board. 
"(5) Information furnished to a selection board that is described in 
subparagraph (B), (C), or (D) of paragraph (2) may not be furnished 
to a later selection board unless— 
"(A) the information has been properly placed in the "official 
military personnel file of the officer concerned; or 
"(B) the information is provided to the later selection board in 
accordance with paragraph (2). 
"(6)(A) Before information described in paragraph (2)(B) regarding 
an eligible officer is furnished to a selection board, the Secretary of 
the military department concerned shall ensure— 
"(i) that such information is made available to such officer; 
and 
"(ii) that the officer is afforded a reasonable opportunity to 
submit comments on that information to the selection board. 
"(B) If an officer cannot be given access to the information re-
ferred to in subparagraph (A) because of its classification status, the 
officer shall, to the maximum extent practicable, be furnished with 
an appropriate summary of the information.". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1357 
(2XA) The heading for section 614 of such title is amended by 
striking out "; communications with boards". 
(B) The item relating to such section in the table of sections at the 
beginning of subchapter I of chapter 36 of such title is amended by 
striking out "; communications with boards". 
(b) DISCLOSURE OF BOARD RECOMMENDATIONS.—Section 616 of such 
title is amended by adding at the end the following new subsections: 
"(e) The recommendations of a selection board may be disclosed 
only in accordance with regulations prescribed by the Secretary of 
Defense. Those recommendations may not be disclosed to a person 
not a member of the board (or a member of the administrative staff 
designated by the Secretary concerned to assist the board) until the 
written report of the recommendations of the board, required by 
section 617 of this title, is signed by each member of the board. 
"(f) The Secretary convening a selection board under section 
611(a) of this title, and an officer or other official exercising author-
ity over any member of a selection board, may not— 
"(1) censure, reprimand, or admonish the selection board or 
any member of the board with respect to the recommendations 
of the board or the exercise of any lawful function within the 
authorized discretion of the board; or 
"(2) attempt to coerce or, by any unauthorized means, influ-
ence any action of a selection board or any member of a 
selection board in the formulation of the board's recommenda-
tions.". 
(c) RECOMMENDATIONS FOR REMOVAL OF SELECTED OFFICERS FROM 
REPORT.—Section 618 of such title is amended by adding at the end 
the following new subsection: 
"(g) If the Secretary of a military department or the Secretary of 
Defense makes a recommendation under this section that the name 
of an officer be removed from a report of a selection board and the 
recommendation is accompanied by information that was not pre-
sented to that selection board, that information shall be made 
available to that officer. The officer shall then be afforded a reason-
able opportunity to submit comments on that information to the 
officials making the recommendation and the officials reviewing the 
recommendation. If an eligible officer cannot be given access to such 
information because of its classification status, the officer shall, to 
the maximum extent practicable, be provided with an appropriate 
summary of the information.". 
(d) SCREENING OF OFFICERS FOR CONSIDERATION BY SELECTION 
BOARDS.—Section 619(c) of such title is amended— 
(1) in paragraph (2)— 
(A) by striking out subparagraph (A) and inserting in lieu 
thereof the following: 
"(A) may, in accordance with standards and procedures pre- Regulations. 
scribed by the Secretary of Defense in regulations which shall 
apply uniformly among the military departments, limit the 
officers to be considered by a selection board from below the 
promotion zone to those officers who are determined to be 
exceptionally well qualified for promotion;"; 
(B) by striking out subparagraph (B); and 
(C) by redesignating subparagraphs (C) and (D) as sub-
paragraphs (B) and (C), respectively; and 
(2) by adding at the end the following new paragraph: 
"(3XA) The Secretary of Defense may authorize the Secretaries of 
the military departments to preclude from consideration by selec-
105 STAT. 1358 
PUBLIC LAW 102-190—DEC. 5, 1991 
tion boards for promotion to the grade of brigadier general or rear 
admiral (lower half) officers in the grade of colonel or, in the case of 
the Navy, captain who— 
"(i) have been considered and not selected for promotion to 
the grade of brigadier general or rear admiral (lower half) by at 
least two selection boards; and 
"(ii) are determined, in accordance with standards and proce-
dures prescribed pursuant to subparagraph (B), as not being 
exceptionally well qualified for promotion. 
Regulations. 
"(B) If the Secretary of Defense authorizes the Secretaries of the 
military departments to have the authority described in subpara-
graph (A), the Secretary shall prescribe by regulation the standards 
and procedures for the exercise of such authority. Those regulations 
shall apply uniformly among the military departments and shall 
include the following provisions: 
"(i) A requirement that the Secretary of a military depart-
ment may exercise such authority in the case of a particular 
selection board only if the Secretary of Defense approves the 
exercise of that authority for that board. 
"(ii) A requirement that an officer may be precluded from 
consideration by a selection board under this paragraph only 
upon the recommendation of a preselection board of officers 
convened by the Secretary of the military department con-
cerned and composed of at least three officers all of whom are 
serving in a grade higher than the grade of such officer. 
"(iii) A requirement that such a preselection board may not 
recommend that an officer be precluded from such consider-
ation unless the Secretary concerned has given the officer 
advance written notice of the convening of such board and of 
the military records that will be considered by the board and 
has given the officer a reasonable period before the convening of 
the board in which to submit comments to the board. 
"(iv) A requirement that the Secretary convening such a 
preselection board shall provide general guidance to the board 
in accordance with standards and procedures prescribed by the 
Secretary of Defense in those regulations. 
"(v) A requirement that the preselection board may rec-
ommend that an officer be precluded from consideration by a 
selection board only on the basis of the general guidance pro-
vided by the Secretary of the military department concerned, 
/ 
information in the officer's official military personnel records 
that has been described in the notice provided the officer as 
required pursuant to clause (iii), and any communication to the 
board received from that officer before the board convenes.". 
10 use 615 
(e) EFFECTIVE DATE.—The amendments made by this section shall 
^^^^- 
apply to selection boards convened under section 611(a) of title 10, 
United States Code, after the end of the 60-day period beginning on 
the date of the enactment of this Act. 
SEC. 505. RETIREMENT OF CHIEF OF NAVAL OPERATIONS AND COM-
MANDANT OF THE MARINE CORPS IN HIGHEST GRADE. 
(a) CHIEF OF NAVAL OPERATIONS.—Section 5034 of title 10, United 
States Code, is amended by inserting "and by and with the advice 
and consent of the Senate" after "President". 
(b) COMMANDANT OF THE MARINE CORPS.—Section 5043(c) of such 
title is amended by inserting "and by and with the advice and 
consent of the Senate" after "President". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1359 
SEC. 5
0
6
. 
GRADE 
OF 
RETIRED 
OFFICERS 
RECALLED 
TO 
ACTIVE 
DUTY. 
(a) SERVICE IN HIGHER GRADE HELD WHILE ON ACTIVE DUTY.— 
Subsection (d) of section 688 of title 10, United States Code, is 
amended— 
(1) by striking out "paragraph (2)" in paragraph (1) and 
inserting in lieu thereof "paragraphs (2) and (3)"; and 
(2) by adding at the end the following new paragraph: 
"(3XA) A retired member ordered to active duty under this section 
who has previously served on active duty satisfactorily, as deter-
mined by the Secretary of the military department concerned, in a 
grade higher than that member's retired grade may be ordered to 
active duty in the highest grade in which the member had so served 
satisfactorily, except that such a member may not be so ordered to 
active duty in a grade above major general or rear admiral. 
"(B) A retired member ordered to active duty in a grade that is 
higher than the member's retired grade pursuant to paragraph (1) 
shall be treated for purposes of subsection (b) as if the member was 
promoted to that higher grade while on that tour of active duty. 
"(C) If, upon being released from that tour of active duty, such a 
retired member has served on active duty satisfactorily, as deter-
mined by the Secretary concerned, for not less than a total of 36 
months in a grade that is a higher grade than the member's retired 
grade, the member is entitled to placement on the retired list in that 
grade.". 
(b) CONFORMING AMENDMENT.—Section 311(c) of Public Law 102-
25 (105 Stat. 85) is amended by inserting ", and before the date of the 
lo USC 688 
enactment of the National Defense Authorization Act for Fiscal 
"°^ 
Years 1992 and 1993" before the period. 
PART B—SERVICE ACADEMIES 
SEC. 511. LIMITATION ON THE NUMBER OF CADETS AND MIDSHIPMEN 
10 USC 4342 
AUTHORIZED TO ATTEND THE SERVICE ACADEMIES. 
"ote. 
(a) 
REDUCTION IN AUTHORIZED STRENGTHS.—The authorized 
strength of the (Dorps of Cadets of the United States Military 
Academy, the Air Force Cadets of the United States Air Force 
Academy, and the brigade of midshipmen of the United States 
Naval Academy may not exceed 4,000 for each service academy for 
class years beginning after 1994. 
O
t
)
) CLASS REDUCTIONS NOT TO AFFECT CERTAIN APPOINTMENTS.— 
Any reduction in the number of appointments to the class of a 
service academy required as a result of subsection (a) 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, as ap-
plicable. 
(c) GAO REPORT.—(1) The (Comptroller General of the United 
States shall determine for each of the Army, Navy, Air Force, and 
Marine Corps the percentage for each benchmark year of the 
commissioned officers receiving an original appointment during 
that year who were graduates of a service academy. The Comptrol-
ler General shall also determine the average of those annual 
percentages for each of those Armed Forces. 
(2) The (DomptroUer General shall select the benchmark years 
(including the number of years to be used as benchmark years) for 
purposes of paragraph (1). The Comptroller General may select 
different benchmark years for each of the Army, Navy, Air Force, 
105 STAT. 1360 
PUBLIC LAW 102-190—DEC. 5, 1991 
and Marine Corps. Each year selected as a benchmark year shall be 
one for which the active duty strength of the Armed Force con-
cerned was approximately the authorized end strength established 
by law for that Armed Force for members on active duty for fiscal 
year 1995. 
(3) Not later than February 15, 1992, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report describing the results of the 
determinations of the Comptroller General under paragraph (1). 
(d) SERVICE ACADEMY DEFINED.—For purposes of this section, the 
term "service academy" means the United States Military Acad-
emy, the United States Air Force Academy, or the United States 
Naval Academy. 
(e) CONFORMING AMENDMENT.—Section 531 of the National De-
fense Authorization Act for Fiscal Year 1991 (104 Stat. 1563; 10 
U.S.C. 4342 note) is repealed. 
SEC. 512. ELIMINATION OF MINIMUM ENLISTED SERVICE REQUIREMENT 
FOR NOMINATION TO THE NAVAL ACADEMY. 
Section 6958(c) of title 10, United States Code, is amended— 
(1) by striking out paragraph (2); and 
(2) by redesignating paragraphs (3) and (4) as paragraphs (2) 
and (3), respectively. 
SEC. 513. ADMINISTRATION OF ATHLETICS PROGRAMS AT THE SERVICE 
ACADEMIES. 
(a) IN GENERAL.—Chapter 7 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 180. Service academy athletic programs: review board 
"(a) INDEPENDENT REVIEW BOARD.—The Secretary of Defense shall 
appoint a board to review the administration of the athletics pro-
grams of the United States Military Academy, the United States 
Naval Academy, and the United States Air Force Academy. 
"(b) COMPOSITION OF BOARD.—The Secretary shall appoint the 
memljers of the board from among distinguished administrators of 
institutions of higher education, members of Congress, members of 
the Boards of Visitors of the academies, and other experts in colle-
giate athletics programs. The Superintendents of the three acad-
emies shall be members of the board. The Secretary shall designate 
one member of the board, other than a Superintendent of an acad-
emy, as Chairman. 
(c) DUTIES.—The board shall, on an annual basis— 
"(1) review all aspects of the athletics programs of the United 
States Military Academy, the United States Naval Academy, 
and the United States Air Force Academy, including— 
"(A) the policies relating to the administration of such 
programs; 
"(B) the appropriateness of the balance between the 
emphasis placed by each academy on athletics and the 
emphasis placed by such academy on academic pursuits; 
and 
"(C) the extent to which all athletes in all sports are 
treated equitably under the athletics program of each acad-
emy; and 
"(2) determine ways in which the administration of the athlet-
ics programs at the academies can serve as models for the 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1361 
administration of athletics programs at civilian institutions of 
higher education. 
"(d) ADMINISTRATIVE PROVISIONS.—(1) Each member of the board 
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 General Schedule 
under section 5332 of title 5, for each day (including travel time) 
during which such member is engaged in the performance of the 
duties of the board. Members of the board 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 board shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
while away from their homes or regular places of business in the 
performance of services for the board.". 
Qo) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"180. Service academy athletic programs: review board.". 
SEC. 514. AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMIS- 
10 USC 4346 
SION TO THE SERVICE ACADEMIES FOR CERTAIN ENLISTED 
note. 
MEMBERS WHO SERVED DURING THE PERSIAN GULF WAR. 
(a) WAIVER AUTHORITY.—The Secretary of the military depart-
ment concerned may waive the maximum age limitation in section 
4346(a), 6958(aXl), or 9346(a) of title 10, United States Code, in the 
case of any enlisted member of the Armed Forces who— 
(1) becomes 22 years of age while serving on active duty in the 
Persian Gulf area of operations in connection with Operation 
Desert Storm during the Persian Gulf War; or 
(2) was a candidate for admission to the service academy 
under the jurisdiction of such Secretary in 1990, was prevented 
from being admitted to the academy during that year by reason 
of the service of such person on active duty in the Persian Gulf 
area of operations in connection with Operation Desert Storm, 
and became 22 years of age after July 1, 1990, and before the 
end of such service in that area of operations. 
O
b
) DEFINITIONS.—For purposes of this section: 
(1) The term "Operation Desert Storm" has the meaning 
given such term in section 3(1) of the Persian Gulf Conflict 
Supplemental Authorization and Personnel Benefits Act of 1991 
(Public Law 102-25; 105 Stat. 77; 10 U.S.C. 101 note). 
(2) The term "Persian Gulf War" has the meaning given such 
term in section 101(33) of title 38, United States Code. 
PART C—RESERVE PERSONNEL 
SEC. 521. INCREASED NUMBER OF ACTIVE DUTY OFFICERS ASSIGNED TO 
FULL-TIME SUPPORT AND TRAINING OF ARMY NATIONAL 
GUARD COMBAT UNITS. 
Within the end strength for the number of officers of the Army on 
active duty as of the end of fiscal year 1992 that is prescribed by 
section 401(a)(1), the Secretary of the Army shall assign 1,300 of the 
officers on active duty within that number to full-time duty in 
105 STAT. 1362 
PUBLIC LAW 102-190—DEC. 5, 1991 
connection with organizing, administering, recruiting, instructing, 
or training combat units of the Army National Guard. 
SEC. 522. GUARANTEED RESERVE FORCES DUTY SCHOLARSHIP PRO-
GRAM. 
(a) PROGRAM REVISIONS.—Section 2107a of title 10, United States 
Code, is amended— 
(1) in subsection (aXD— 
(A) by striking out "a student at a military junior college" 
and inserting in lieu thereof "enrolled in the Advanced 
Course of the Army Reserve Officers' Training Corps at a 
military college, military junior college, or civilian institu-
tion"; and 
(B) by inserting "Reserve or Army National Guard" after 
"second lieutenant in the Army"; 
(2) in subsection (aX2)— 
(A) by inserting "military college or" after "To be consid-
ered a"; 
(B) by striking out "that does not confer baccalaureate 
degrees and that meets" and inserting in lieu thereof "and 
meet"; and 
(C) by adding at the end the following new sentence: "For 
purposes of this section, a military junior college does not 
confer a baccalaureate degree."; 
(3) in subsection (b)(6), by striking out "such reserve compo-
nent" and inserting in lieu thereof "a troop program unit of the 
Army Reserve or Army National Guard"; 
(4) in subsection (f), by inserting "or who does not complete a 
baccalaureate degree within five years after appointment as a 
cadet under this section," after "when offered,"; and 
(5) in subsection (h)— 
(A) by striking out "(1)"; 
(B) by striking out "not less than 10 cadets under this 
section each year" and inserting in lieu thereof "not more 
than 208 cadets each year under this section, to include not 
less than 10 cadets"; and 
(C) by striking out paragraph (2). 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section is 
amended to read as follows: 
"§ 2107a. Financial assistance program for specially selected mem-
bers: Army Reserve and Army National Guard". 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 103 of such title is amended to read as follows: 
"2107a. Financial assistance program for specially selected members: Army Reserve 
and Army National Guard.". 
(c) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Army shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on the feasibility and desirability of increasing 
the number and type of senior Reserve Officer Training Corps 
scholarships available for recruitment of officers for the Army 
National Guard and Army Reserve. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1363 
SEC. 523. BACCALAUREATE DEGREE REQUIRED FOR APPOINTMENT OR 
10 USC 591 
PROMOTION OF RESERVE COMPONENT OFFICERS TO GRADES 
"ote. 
ABOVE FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE). 
(a) IN GENERAL.—After September 30, 1995, no person may be 
appointed to a grade above the grade of first lieutenant in the Army 
Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade 
above the grade of lieutenant (junior grade) in the Naval Reserve, or 
be federally recognized in a grade above the grade of first lieutenant 
as a member of the Army National Guard or Air National Guard, 
unless that person has been awarded a baccalaureate degree by an 
accredited educational institution. 
Ot)) EXCEPTIONS.—Subsection (a) does not apply to the following: 
(1) The appointment to a higher grade of a person who is 
appointed in or assigned for service in a health profession for 
which a baccalaureate degree is not a condition of original 
appointment or assignment. 
(2) The appointment in the Naval Reserve or Marine Corps 
Reserve of an individual appointed for service as an officer 
designated as a limited duty officer. 
(3) The appointment in the Naval Reserve of an individual 
appointed for service under 
the Naval Aviation 
Cadet 
(NAVCAD) program. 
SEC. 524. PRIORITY IN MAKING ORIGINAL APPOINTMENTS IN GUARD AND 
10 USC 591 
RESERVE COMPONENTS FOR ROTC SCHOLARSHIP PROGRAM 
note. 
GRADUATES. 
In making appointments of persons as second lieutenants in the 
Army Reserve, Air Force Reserve, or Marine Corps Reserve or to the 
grade of ensign in the Naval Reserve, or in granting federal recogni-
tion in the grade of second lieutenant to members of the Army 
National Guard or Air National Guard, the Secretary of the mili-
tary department concerned shall give preference to persons who 
have completed a post-secondary program of education pursued 
under a ROTC scholarship program at a college or university accred-
ited to award baccalaureate degrees or pursued under a ROTC 
scholarship program at an accredited two-year or four-year military 
college. 
SEC. 525. WAIVER OF PROHIBITION ON CERTAIN RESERVE SERVICE WITH 
10 USC 690 
THE ROTC PROGRAM. 
note. 
The Secretary of the military department concerned may waive 
the prohibition in section 690 of title 10, United States Code, in the 
case of a member of a reserve component of the Armed Forces 
referred to in that section who is serving in an assignment to duty 
with a unit of the Reserve Officer Training Corps program on 
September 30, 1991, if the Secretary determines that the removal of 
the member from that assignment will cause a financial hardship 
for that member. 
SEC. 526. REPORT ON THE SUPERVISION, MANAGEMENT, AND ADMINIS- 10 USC 5252 
TRATION OF THE MARINE CORPS RESERVE. 
note. 
(a) REPORT.—The Secretary of Defense shgdl submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on the supervision, management, and adminis-
tration of the Marine Corps Reserve. 
Ot)) CONTENT OF REPORT.—The report shall include the following: 
105 STAT. 1364 
PUBLIC LAW 102-190—DEC. 5, 1991 
(1) A description of the organizational chain of command of 
the Marine Corps Reserve from unit level through Head-
quarters, United States Marine Corps. 
(2) The identity of each office, if any, within the Head-
quarters, United States Marine Corps, that has as its specific 
responsibility the oversight of personnel, training, manage-
ment, and administration matters with respect to the Marine 
Corps Reserve. 
(3) If such offices exist, a discussion of the extent to which it is 
the policy and practice of the Marine Corps to assign members 
of the Marine Corps Reserve to duty in such offices. 
(4) A discussion of how the current structure of the chain of 
command and organization of administrative responsibility for 
the Marine Corps Reserve at Headquarters, United States 
Marine Corps, is designed to facilitate the efficiency, readiness, 
and ability of the Marine Corps Reserve to execute the purpose 
set out in section 262 of title 10, United States Code. 
(5) A discussion of any actions that the Secretary of Defense 
considers appropriate for improving the supervision, manage-
ment, and administration of the Marine Corps Reserve, includ-
ing any actions taken or planned to be taken by the Secretary 
as a result of the issues identified in the preparation of the 
report. 
(6) Any recommended legislation that the Secretary considers 
necessary for the improvement of the organization, supervision, 
management, or administration of the Marine Corps Reserve. 
(c) DEADUNE FOR SUBMISSION OF REPORT.—The report shall be 
submitted not later than December 31,1992. 
SEC. 527. REPORT ON COMMISSIONING AND TRAINING OF NEW ARMY 
NATIONAL GUARD OFFICERS. 
Not later than six months after the date of the enactment of this 
Act, the Secretary of the Army shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
concerning— 
(1) the desirability of a program requiring all Army National 
Guard personnel seeking a commission through officer can-
didate school to attend the Federal Officer Candidate School at 
Fort Benning, Georgia, as a condition for Federal recognition; 
,-' and 
(2) the desirability of increasing the allocation of positions at 
the course of instruction known as the Officer Basic Course for 
attendees from the Army National Guard whose attendance 
would be paid by the Army and not by the State National 
Guard. 
SEC. 528. EXPANSION OF DUTIES FOR WHICH RESERVES ARE ENTITLED 
TO MILITARY LEAVE FROM FEDERAL EMPLOYMENT. 
Section 6323(b)(2) of title 5, United States Code, is amended by 
striking out "law—" and inserting in lieu thereof the following: 
"law or for the purpose of providing assistance to civil authorities in 
the protection or saving of life or property or the prevention of 
injury—". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1365 
PART D—ASSIGNMENT OF WOMEN IN THE ARMED FORCES 
Subpart 1—Statutory Limitations 
SEC. 531. REPEAL OF STATUTORY LIMITATIONS ON ASSIGNMENT OF 
WOMEN IN THE ARMED FORCES TO COMBAT AIRCRAFT. 
(a) AIR FORCE.—(1) Section 8549 of title 10, United States Code, is 
repealed. 
(2) The table of sections at the beginning of chapter 843 of such 
title is amended by striking out the item relating to section 8549. 
0?) NAVY AND MARINE CORPS.—Section 6015 of title 10, United 
States Code, is amended in the third sentence— 
(1) by striking out "or in aircraft"; 
(2) by inserting "(other than as aviation officers as part of an 
air wing or other air element assigned to such a vessel)" after 
"combat missions"; and 
(3) by inserting "other" after "temporary duty on". 
Subpart 2—Commission on the Assignment of Women in the 
lo use 113 
Armed Forces 
"
<
>
*
«
• 
SEC. 541. ESTABLISHMENT OF COMMISSION. 
(a) ESTABUSHMENT.—There is established a commission to be 
known as the Commission on the Assignment of Women in the 
Armed Forces (hereinafter in this subpart referred to as the 
"Commission"). 
(b) COMPOSITION.—(1) The Commission shall be composed of 15 
members appointed by the President. The Commission membership 
shall be diverse with respect to race, ethnicity, gender, and age. The 
President shall designate one of the members as Chairman of the 
Commission. 
(2) The President shall appoint the members of the Commission 
from among persons who have distinguished themselves in the 
public or private sector and who have had significant experience (as 
determined by the President) with one or more of the following 
matters: 
(A) Social and cultural matters affecting the military and 
civilian workplace gained through recognized research and 
policymaking, as demonstrated by retired military personnel, 
representatives from educational organizations, and leaders 
from civilian industry and non-Department of Defense govern-
mental agencies. 
(B) The law. 
(C) Factors used to define appropriate combat job quedifica-
tions, including physical, mental, educational, and other factors. 
(D) Service in the Armed Forces in a combat environment. 
(E) Military personnel management. 
(F) Experiences of women in the military gained through 
service £is— 
(i) a female service member (current or former); 
(ii) a manager of an organization with a representative 
presence of women; or 
(iii) a member of an organization with responsibility for 
policy review, advice, or oversight of the status of women in 
the military. 
(G) Women's issues in American society. 
105 STAT. 1366 
PUBLIC LAW 102-190—DEC. 5, 1991 
(3) In making appointments to the Commission, the President 
shall consult with the chairmen and ranking minority members of 
the Committees on Armed Services of the Senate and the House of 
Representatives. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be ap-
pointed for the life of the Commission. Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in the same 
manner as the original appointment. 
(d) INITIAL ORGANIZATIONAL REQUIREMENTS.—(1) The President 
shall make all appointments under subsection (b) within 60 days 
after the date of the enactment of this Act. 
(2) The Commission shall convene its first meeting within 15 days 
after the first date on which all members of the Commission have 
been appointed. At that meeting, the Commission shall develop an 
agenda and a schedule for carrying out its duties. 
SEC. 542. DUTIES. 
(a) IN GENERAL.—The Commission shall assess the laws and poli-
cies restricting the assignment of female service members and shall 
make findings on such matters. 
Ob) STUDIES.—In carrying out such assessment, the Commission 
shall— 
(1) conduct a thorough study of duty assignments available for 
female service members; 
(2) examine studies already completed concerning duty assign-
ments for female service members; and 
(3) conduct such additional studies as may be required. 
(c) MATTERS TO BE CONSIDERED.—Matters to be considered by the 
Commission shall include the following: 
(1) The implications, if any, for the combat readiness of the 
Armed Forces of permitting female service members to qualify 
for assignment to positions in some or all categories of combat 
positions and to be assigned to such positions, including the 
implications with respect to— 
(A) the physical readiness of the armed forces and the 
process for establishing minimum physical and other quali-
fications; 
(B) the effects, if any, of pregnancy and other factors 
resulting in time lost for male and female service members; 
, 
in evaluating lost time, comparisons must be made between 
,.; 
like mental categories and military occupational specialties 
rather than simple gender comparisons; and 
(C) the effects, if any, of such assignments on unit morale 
and cohesion. 
(2) The public attitudes in the United States on the use of 
women in the military. 
(3) The legal and policy implications (A) of permitting only 
voluntary assignments of female service members to combat 
positions, and (B) of permitting involuntary assignments of 
female service members to some or all combat positions. 
(4) The legal and policy implications— 
(A) of requiring females to register for and to be subject to 
conscription under the Military Selective Service Act on the 
same basis as males if females were provided the same 
opportunity as males for assignment to any position in the 
Armed Forces; 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1367 
(B) of requiring females to register for and to be subject to 
conscription iinder the Military Selective Service Act on the 
same basis as males if females in the Armed Forces were 
assigned to combat position only as volunteers; and 
(C) of requiring females to register for and to be subject to 
conscription under the Military Selective Service Act on a 
different basis thsin males if females in the Armed Forces 
were not assigned to combat positions on the same basis as 
m£des. 
(5) The extent of the need to modify facilities and vessels, 
aircraft, vehicles, and other equipment of the Armed Forces to 
accommodate the assignment of female service members to 
combat positions or to provide training in combat skills to 
female service members, including any need to modify quarters, 
weapons, and training facilities and equipment. 
(6) The costs of meeting the needs identified pursuant to 
paragraph (5). 
(7) The implications of restrictions on the assignment of 
women on the recruitment, retention, use, and promotion of 
qualified personnel in the Armed Forces. 
SEC. 543. REPORT. 
(a) IN GENERAL.—(1) Not later than November 15, 1992, the 
Commission shall transmit to the President a final report on the 
results of the study conducted by the Commission. 
(2) The Commission may transmit to the President and to Con-
gress such interim reports as the Commission considers -appropriate. 
03) CONTENT OF FINAL REPORT.—(1) The final report shall contain a 
detailed statement of the findings and conclusions of the Commis-
sion, together with such recommendations for further legislation 
and administrative action as the Commission considers appropriate. 
(2) The report shall include recommendations on the following 
matters: 
(A) Whether existing law and policies restricting the assign-
ment of female service members should be retained, modified, 
or repealed. 
(B) What roles female service members should have in 
combat. 
(C) What transition process is appropriate if female service 
members are to be given the opportunity to be assigned to 
combat positions in the Armed Forces. 
(D) Whether special conditions and different standards should 
apply to females than apply to males performing similar roles 
in the Armed Forces. 
(c) SUBMISSION OF FINAL REPORT TO CONGRESS.—Not later than 
President. 
December 15, 1992, the President shall transmit to the Congress the 
report of the Commission, together with the President's comments 
and recommendations regarding such report. 
SEC. 544. POWERS. 
(a) HEARINGS.—The Commission or, at its direction, any panel or 
member of the Commission, may, for the purpose of canying out the 
provisions of this subpart, hold hearings, sit and act at times and 
places, take testimony, receive evidence, and administer oaths to the 
extent that the Commission or any panel or member considers 
advisable. 
105 STAT. 1368 
PUBLIC LAW 102-190—DEC. 5, 1991 
(b) INFORMATION.—The Commission may secure directly from the 
Department of Defense and any other Federal department or agency 
any information that the Commission considers necessary to enable 
the Commission to carry out its responsibilities under this subpart. 
Upon request of the Chairman of the Commission, the head of such 
department or agency shall furnish such information to the 
Commission. 
SEC. 545. COMMISSION PROCEDURES. 
(a) MEETINGS.—The Commission shall meet at the call of the 
Chairman. 
(b) QUORUM.—(1) Five members of the Commission shall constitute 
a quorum, but a lesser number of members may hold hearings. 
(2) The Commission shall act by resolution agreed to by a majority 
of the members of the Commission present at a properly called 
meeting. 
(c) PANELS.—The Commission may establish panels composed of 
less than the full membership of the Commission for the purpose of 
carrying out the Commission's duties. The actions of each such 
panel shall be subject to the review and control of the Commission. 
Any findings and determinations made by such a panel shall not be 
considered the findings and determinations of the Commission 
unless approved by the Commission. 
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—Any 
member or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is authorized to 
take under this subpart. 
SEC. 546. PERSONNEL MATTERS. 
(a) PAY OF MEMBERS.—Each member of the Commission who is not 
an officer or employee of the Federal Government shall be paid at a 
rate equal to the daily equivalent of the annual rate of basic pay 
payable for level V of the Executive Schedule under section 5316 of 
title 5, United States Code, for each day (including travel time) 
during which the member is engaged in the performance of the 
duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without pay in 
addition to that received for their services as officers or employees of 
the United States. 
(b) TRAVEL EXPENSES.—The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized 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. 
(c) STAFF.—(1) The Chairman of the Commission may, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, appoint a staff director and 
such additional personnel as may be necessary to enable the 
Commission to perform its duties. The appointment of a staff direc-
tor shall be subject to the approval of the Commission. 
(2) The Chairman of the Commission may fix the pay of the staff 
director and other personnel without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, United States 
Code, relating to classification of positions and General Schedule 
pay rates, except that no rate of pay fixed under this paragraph may 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1369 
exceed the rate payable for level V of the Executive Schedule under 
section 5316 of such title. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of 
the 
Chairman of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any personnel of 
that department or agency to the Commission to assist it in carrying 
out its duties. 
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.— 
The Chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed the daily equiva-
lent of the annual rate of basic pay payable for level V of the 
Executive Schedule under section 5316 of such title. 
SEC. 547. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. 
(a) POSTAL AND PRINTING SERVICES.—The Commission may use the 
United States mails and obtain printing and binding services in the 
same manner and under the same conditions as other departments 
and agencies of the Federal Government. 
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.—The 
Administrator of General Services shall furnish the Commission, on 
a reimbursable basis, any administrative and support services re-
quested by the Commission. 
(c) GIFTS.—The Commission may accept, use, and dispose of gifts 
or donations of services or property. 
(d) PROCUREMENT AUTHORITY.—The Commission may procure sup-
plies, services, and property and make contracts, in any fiscal year, 
in order to carry out its duties, but (except in the case of temporary 
or intermittent services procured under section 546(e)) only to such 
extent or in such amounts as are provided in appropriation Acts or 
are donated pursuant to subsection (c). Contracts and other procure-
ment arrangements may be entered into without regard to section 
3709 of the Revised Statutes (41 U.S.C. 5) or any similar provision of 
Federal law. 
(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The 
provisions of the Federal Advisory Committee Act shall not apply to 
the Commission. 
(f) TRAVEL.—To the maximum extent practicable, the members 
and employees of the Commission shall travel on military aircraft, 
military ships, military vehicles, or other military conveyances 
when travel is necessary in the performance of a responsibility of 
the Commission, except that no such aircraft, ship, vehicle, or other 
conveyance may be scheduled primarily for the transportation of 
any such member or employee when the cost of commercial 
transportation is less expensive. 
SEC. 548. PAYMENT OF COMMISSION EXPENSES. 
The compensation, travel expenses, and per diem allowances of 
members and employees of the Commission shall be paid out of 
funds available to the Department of Defense for the payment of 
compensation, travel allowances, and per diem allowances, respec-
tively, of civilian employees of the Department of Defense. The other 
expenses of the Commission shall be paid out of funds available to 
the Department of Defense for the payment of similar expenses 
incurred by that Department. 
49-194 O - 92 - 14 : QL. 3 Part 2 
105 STAT. 1370 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 549. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 90 days after the date on which 
Commission submits its final report under section 543(aXl). 
SEC. 550. TEST ASSIGNMENTS OF FEMALE SERVICE MEMBERS TO 
COMBAT POSITIONS. 
(a) TEST ASSIGNMENTS.—In carr3dng out its duties, the Commission 
may request the Secretary of Defense to conduct test assignments of 
female service members to combat positions. The Secretary shall 
determine, in consultation with the Commission, the t5T)es of tests 
that are appropriate and shall retain a record of the disposition of 
each such request. 
(b) WAIVER AUTHORITY.—For the purpose of conducting test 
assignments of female service members to combat positions pursu-
ant to requests under subsection (a), the Secretary of Defense may 
waive section 6015 of title 10, United States Code, and any other 
restriction that applies under Department of Defense regulations or 
policy to the assignment of female service members to combat 
positions. 
PART E—MISCELLANEOUS 
SEC. 551. ESTABLISHMENT OF PHYSICIAN ASSISTANT SECTION IN ARMY 
MEDICAL SPECIALIST CORPS. 
(a) ESTABLISHMENT.—(1) Subsection (a) of section 3070 of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(4) The Physician Assistant Section.". 
(2) Such subsection is further amended— 
(A) by striking out "sections—" and inserting in lieu thereof 
"sections:"; 
(B) by striking out "the" at the beginning of paragraphs (1), 
(2), and (3) and inserting in lieu thereof "The , 
(C) by striking out the semicolon at the end of paragraph (1) 
and inserting in lieu thereof a period; and 
(D) by striking out "; and" at the end of paragraph (2) and 
inserting in lieu thereof a period. 
(3) Subsection (c) of such section is amended by striking out "three 
assistant chiefs" in the first sentence and inserting in lieu thereof 
"four assistant chiefs", 
10 use 3070 
(b) APPOINTMENT OF ASSISTANT CHIEF.—Notwithstanding the 
note. 
requirement in subsection (c) of section 3070 of title 10, United 
States Code, as amended by subsection (a), with respect to the 
appointment of officers of the Regular Army as chiefs of sections of 
the Army Medical Specialist Corps, a warrant officer of the Army 
who is appointed as a reserve commissioned officer and assigned to 
the Army Medical Specialist Corps for service in the Physician 
Assistant Section of that Corps during the five-year period begin-
ning on the date of the enactment of this Act may be appointed as 
an assistant chief of that Corps and chief of the Physician Assistant 
Section. 
10 use 3070 
(c) RETIREMENT.—A member of the Army who on the date of the 
"o*®- 
enactment of this Act is a warrant officer serving on active duty 
(other than for training) as a physician assistant and who is subse-
quently appointed as a commissioned officer in, or is assigned to, the 
Physician Assistant Section of the Army Medical Specialist Corps 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1371 
may elect at the time of the officer's retirement after 20 years or 
more of active service that could be credited to the officer under 
section 511 of the Career Compensation Act of 1949, as amended— 
(1) to revert to the highest warrant officer grade in which the 
officer served on active duty (other than for training) satisfac-
torily (as determined by the Secretary of the Army) for a period 
of more than 30 days; and 
(2) to be retired under chapter 65 of title 10, United States 
Code. 
(d) CONSTRUCTIVE CREDIT FOR DETERMINATION OF GRADE AND lo use 3070 
RANK.—(1) For the purpose of determining the grade and rank "°^^ 
within grade of a person who is appointed £is a commissioned officer 
in the Army Medical Specialist Corps for service in the Physician 
Assistant Section, or who is assigned to the Army Medical Specialist 
Corps for service as a physician assistant, and who on the date of the 
enactment of this Act is a warrant officer and a physician assistant 
on active duty or in an active reserve status, the Secretary of the 
Army shall credit that person at the time of such appointment with 
any service on active duty, or in an active reserve status, as a 
physician assistant performed as a member of the Armed Forces 
before that appointment. 
(2) The Secretary of Defense shall prescribe regulations to carry Regulations. 
out this subsection. 
SEC. 552. REVIEW OF PORT CHICAGO COURT-MARTIAL CASES. 
The Secretary of the Navy shall carry out without delay a thor-
ough review of the cases of all 258 individuals convicted in the 
courts-martial arising from the explosion at the Port Chicago 
(California) Naval Magazine on July 17, 1944. The purpose of the 
review shall be to determine the validity of the original findings and 
sentences and the extent, if any, to which racial prejudice or other 
improper factors now known may have tainted the original inves-
tigations and trials. If the Secretary determines that the conviction 
of an individual in any such case was in error or an injustice, then, 
notwithstanding any other provision of law, he may correct that 
individual's military records (including the record of the court-
martial in such case) as necessary to rectify the error or injustice. 
SEC. 
5
5
3
. 
APPOINTMENT OF ADJUTANTS GENERAL OF THE NATIONAL 
GUARD 
OF 
THE 
VIRGIN 
ISLANDS 
AND 
GUAM. 
Section 314(b) of title 32, United States Code, is amended— 
(1) by striking out "each Territory and" in the first sentence, 
and 
(2) by striking out the second sentence. 
SEC. 554. PAYMENT FOR LEAVE ACCRUED AND LOST BY KOREAN CON-
FLICT PRISONERS OF WAR. 
(a) PAYMENT.—The Secretary of the military department con-
cerned shall pay, from amounts available for military pay and 
allowances, an amount determined under subsection (b) to each 
individual who as a member of the Armed Forces during the Korean 
conflict was held as a prisoner of war. The authority of the Sec-
retary to make such payments is effective for any fiscal year only to 
the extent that amounts are provided in advance in appropriation 
Acts. 
(b) PAYMENT AMOUNT.—The amount of a payment under this 
section shall be the greater of— 
105 STAT. 1372 
PUBLIC LAW 102-190—DEC. 5, 1991 
(1) $300; or 
(2) subject to subsection (c), the amount of leave actually 
accrued and lost by the individual concerned during the period 
the individual was in a prisoner of war status. 
(c) REQUIRED RECORDS.—A payment under this section may be 
paid in an amount determined under subsection 03)(2) only if the 
individual to whom the payment is to be made has adequate records 
documenting to the satisfaction of the Secretary concerned (1) the 
period the individual was in a prisoner of war status, (2) the grade in 
the Armed Forces held by the individual during that period, and (3) 
such other information as the Secretary requires to compute such 
actual amount. 
(d) DEADLINE FOR PAYMENTS.—The Secretary of the military 
department concerned shall make any payment required by subsec-
tion (a) not later than the end of the six-month period beginning on 
the date of the enactment of this Act. 
SEC. 555. SENSE OF CONGRESS REGARDING PRIORITY FOR DEMOBILIZA-
TION OF RESERVE FORCES CALLED OR ORDERED TO ACTIVE 
DUTY IN CONNECTION WITH A CONTINGENCY OPERATION. 
Persian Gulf 
(a) FINDINGS.—Congress finds that the Department of Defense— 
conflict. 
(1) ^as not sufficiently sensitive to the sacrifices made by 
reservists called or ordered to active duty in connection with the 
Persian Gulf conflict and by the families, employers, and 
communities of those reservists; and 
(2) did not give adequate priority to the redeployment and 
demobilization of reserve forces called or ordered to active duty 
in connection with the conflict. 
Os) SENSE OF CONGRESS.—It is the sense of Congress that the 
Secretary of Defense— 
(1) should examine the redeployment policy used during the 
Persian Gulf conflict with a view toward developing a policy for 
future contingencies that would expedite the return of reserve 
units activated or deployed during the contingency at the earli-
est opportunity consistent with mission requirements; and 
(2) in the case of any future contingency operation, should to 
the maximum extent possible following termination of the 
conditions that gave rise to the contingency operation expedi-
tiously shift the missions assigned to those reserve units acti-
vated for the purpose of the contingency operation to active 
duty units, to Federal civilians, or to contractors. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL 
BENEFITS 
PART A—PAY AND ALLOWANCES 
37 use 1009 
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1992. 
"°**" 
(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 1992 shall not be made. 
Ob) INCREASE IN BASIC PAY, B A S , AND BAQ.—Effective on January 
1, 1992, the rates of basic pay, basic allowance for subsistence, and 
basic allowance for quarters of members of the uniformed services 
are increased by 4.2 percent. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1373 
SEC. 602. LIMITATION ON THE AMOUNT OF BASIC ALLOWANCE FOR 
QUARTERS FOR MEMBERS RECEIVING SUCH ALLOWANCE BY 
REASON OF THEIR PAYMENT OF CHILD SUPPORT. 
(a) LIMITATION.—Section 403 of title 37, United States Code, is 
amended by adding at the end the following new subsection: 
"(m)(l) Except as provided in paragraph (2), in the case of a 
member of a uniformed service who is assigned to quarters of the 
United States or a housing facility under the jurisdiction of a 
uniformed service and who is authorized a basic allowance for 
quarters solely by reason of the member's payment of child support, 
the amount of the basic allowance for quarters to which the member 
is entitled shall be equal to the difference between the basic £illow-
ance for quarters applicable to the member's grade, rank, or rating 
at the with-dependent rate and the applicable basic allowance for 
quarters at the without-dependent rate. 
"(2) A member of a uniformed service shall not be entitled to a 
basic allowance for quarters solely by reason of the pajnnent of child 
support if the monthly rate of that child support is less than the 
amount of the basic allowance for quarters computed for the 
member under paragraph (1). 
"(3) The application of this subsection to a member of a uniformed 
service shall not affect the entitlement of that member to a basic 
allowance for quarters at a partial rate under section 1009(c) of this 
title.". 
(h) EXCEPTION FOR CERTAIN MEMBERS.—Subsection (m) of section 37 use 403 
403 of title 37, United States Code (as added by subsection (a)), shall ^''^• 
not apply with respect to a member of a uniformed service assigned 
to quarters of the United States or a housing facility under the 
jurisdiction of a uniformed service who, on the day before the date of 
the enactment of this Act, was entitled to receive a basic allowance 
for quarters solely by reason of the member's pajnnent of child 
support. The exception provided by this subsection shall expire with 
respect to a member described in the preceding sentence on the date 
on which the member becomes entitled to receive a basic allowance 
for quarters at the with-dependents rate for a reason other than, or 
in addition to, the member's payment of child support. 
SEC. 603. DETERMINATION OF VARIABLE HOUSING ALLOWANCE FOR RE-
SERVES AND RETIREES CALLED OR ORDERED TO ACTIVE 
DUTY. 
Section 403a(a) of title 37, United States Code, is amended by 
adding at the end the following new paragraph: 
"(5)(A) In the case of a member described in subparagraph (B) who 
is assigned to duty away from the member's principal place of 
residence (as determined under regulations prescribed by the Sec-
retary of Defense), the member shall be considered to be assigned to 
duty at that residence for the purpose of determining the entitle-
ment of the member to a variable housing allowance under this 
section. 
"(B) A member referred to in subparagraph (A) is a member of a 
uniformed service who— 
"(i) is a member of a reserve component called or ordered to 
active duty (other than for training) or is a retired member 
ordered to active duty under section 688(a) of title 10; £uid 
"(ii) is not authorized transportation of household goods under 
section 406 of this title from the member's principal place of 
residence to the place of that duty assignment.". 
105 STAT. 1374 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 604. ADMINISTRATION OF BASIC ALLOWANCE FOR QUARTERS AND 
VARIABLE HOUSING ALLOWANCE. 
(a) BASIC ALLOWANCE FOR QUARTERS.—Section 403 of title 37, 
United States Code (as amended by section 602), is further 
amended— 
(1) in subsection (a)— 
(A) by inserting "(1)" after "(a)"; and 
(B) by adding at the end the following new paragraph: 
"(2) A member of a uniformed service with dependents is not 
entitled to a basic allowance for quarters as a member with depend-
ents unless the member makes an annual certification to the Sec-
retary concerned indicating the status of each dependent of the 
Regulations. 
member. The certification shall be made in accordance with regula-
tions prescribed by the Secretary of Defense."; and 
(2) in subsection 0
*
X
1
)
» by striking out "President may" and 
inserting in lieu thereof "Secretary of Defense shall". 
Qy) VARIABLE HOUSING ALLOWANCE.—Section 403a of such title (as 
amended by section 603), is further amended— 
(1) in subsection O
t
>
)
— 
(A) by striking out "or" at the end of paragraph (2); 
(B) by striking out the period at the end of paragraph (3) 
and inserting in lieu thereof "; or"; and 
(C) by adding at the end the following new paragraph: 
"(4) unless the member makes an annual certification (in 
accordance with such regulations as the Secretary of Defense 
may prescribe) to the Secretary concerned identifjdng the hous-
ing costs of the member."; and 
(2) in subsection (e)— 
(A) by striking out "President" in paragraph (1) and 
inserting in lieu thereof "Secretary of Defense"; 
(B) by striking out "a survey area" in paragraphs (2) and 
(3) each place it appears and inserting in lieu thereof "an 
area"; 
(C) by striking out "the survey area" in paragraph (2)(A) 
and inserting in lieu thereof "that area"; and 
(D) by striking out "such area reported on the variable 
housing allowance survey" in paragraph (2)(B) and insert-
ing in lieu thereof "that area determined on the basis of the 
annual certifications of housing costs of members of the 
uniformed services receiving a variable housing allowance 
for that area". 
37 use 403 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
"°*®- 
take effect six months after the date of the enactment of this Act. 
SEC. 605. REVISION IN RATE OF PAY OF AVIATION CADETS. 
Subsection (c) of section 201 of title 37, United States Code, is 
amended to read as follows: 
"(c) Unless entitled to the basic pay of a higher pay grade, an 
aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard 
is entitled to monthly basic pay at the lowest rate prescribed for pay 
grade E-4.". 
SEC. 606. PAY OF SENIOR NONCOMMISSIONED OFFICERS WHILE ON 
TERMINAL LEAVE. 
(a) BASIC PAY DURING TERMINAL LEAVE.—Chapter 3 of title 37, 
United States Code, is amended by adding at the end the following 
new section: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1375 
"§ 210. Pay of the senior noncommissioned ofHcer of an armed 
force during terminal leave 
"(a) A noncommissioned officer of an armed force who, imme-
diately following the completion of service as the senior enlisted 
member of that armed force, is placed on terminal leave pending 
retirement shall be entitled, for not more than 60 days while in such 
status, to the rate of basic pay authorized for the senior enlisted 
member of that armed force. 
"(\)) In this section, the term 'senior enlisted member' means the 
following: 
"(1) The Sergeant Major of the Army. 
"(2) The Master Chief Petty Officer of the Navy. 
"(3) The Chief Master Sergeant of the Air Force. 
"(4) The Sergeant Major of the Marine Corps. 
"(5) The Master Chief Petty Officer of the Coast Guard.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"210. Pay of the senior noncommissioned officer of an armed force during terminal 
leave.". 
SEC. 607. ONE-YEAR EXTENSION OF AUTHORITY TO REIMBURSE MEM-
BERS ON SEA DUTY FOR ACCOMMODATIONS IN PLACE OF 
QUARTERS. 
(a) REINSTATEMENT AND EXTENSION OF EXPIRED AUTHORITY.— 
Subsection (b) of section 7572 of title 10, United States Code, is 
amended to read as in effect on September 30, 1991, and, as so 
amended, is further amended— 
(1) in paragraph (3)— 
(A) by striking out "$1,421,000 for fiscal year 1986 and"; 
and 
(B) by striking out "1991" and inserting in lieu thereof 
"1992"; and 
(2) by adding at the end the following new paragraph: 
"(4) The authority provided under this subsection shall expire on 
September 30,1992.". 
(b) EFFECT OF SUBSEQUENT EXPIRATION OF AUTHORITY.—Such sec-
tion is further amended by adding at the end the following new 
subsection: 
"(d)(1) After the expiration of the authority provided in subsection 
(b), an officer of the naval service on sea duty who is deprived of 
quarters on board ship because of repairs or because of other 
conditions that make the officer's quarters uninhabitable may be 
reimbursed for expenses incurred in obtaining quarters if it is 
impracticable to furnish the officer with accommodations under 
subsection (a). 
"(2) The total amount that an officer may be reimbursed under 
this subsection may not exceed an amount equal to the basic allow-
ance for quarters of an officer of that officer's grade. 
"(3) This subsection shall not apply to an officer who is entitled to 
basic allowance for quarters. 
"(4) The Secretary may prescribe regulations to carry out this 
subsection.". 
(c) APPLICATION OF AMENDMENT.—The amendment made by 
lo use 7572 
subsection (a) shall apply with respect to members of the uniformed "
°
*
^
® 
services who perform sea duty on or after October 1,1991. 
105 STAT. 1376 
PUBLIC LAW 102-190—DEC. 5, 1991 
37 u s e 301b 
note. 
Effective date. 
37 u s e 308d 
note. 
10 u s e 2130a 
note. 
PART B—BONUSES AND SPECIAL AND INCENTIVE PAYS 
SEC. 611. REPEAL OF WARTIME AND NATIONAL EMERGENCY PROHIBI-
TIONS ON THE PAYMENT OF CERTAIN PAY AND ALLOWANCES. 
(a) IMMINENT DANGER PAY.—Section 310(a) of title 37, United 
States Code, is amended by striking out "Except in time of war 
declared by Congress, and under" and inserting in lieu thereof 
"Under". 
(b) FAMILY SEPARATION ALLOWANCE.—Section 427(b)(1) of such 
title is amended by striking out "Except in time of war or of 
national emergency hereafter declared by Congress, and in" and 
inserting in lieu thereof "In". 
SEC. 612. EXTENSIONS OF AUTHORITIES RELATING TO PAYMENT OF CER-
TAIN BONUSES AND OTHER SPECIAL PAY. 
(a) AVIATOR RETENTION BONUS.—(1) Section 301b(a) of title 37, 
United States Code, is amended by striking out "September 30, 
1991" and inserting in lieu thereof "September 30,1992". 
(2)(A) In the case of an officer described in subparagraph (B) who 
executes an agreement under section 301b of such title during the 
90-day period beginning on the date of the enactment of this Act, the 
Secretary concerned may treat such agreement as having been 
executed and accepted for purposes of such section on the first date 
on which the officer would have qualified for such an agreement had 
the amendment made by paragraph (1) taken effect on October 1, 
1991. 
(B) An officer referred to in subparagraph (A) is an officer who, 
during the period beginning on October 1, 1991, and ending on the 
date of the enactment of this Act, would have qualified for an 
agreement under such section had the amendment made by para-
graph (1) taken effect on October 1,1991. 
(C) For purposes of this paragraph, the term "Secretary con-
cerned" has the meaning given that term in section 101(5) of title 37, 
United States Code. 
(b) SPECIAL PAY FOR ENLISTED MEMBERS OF THE SELECTED RESERVE 
ASSIGNED TO HIGH PRIORITY UNITS.—(1) Section 308d(c) of such title 
is amended by striking out "September 30, 1991" and inserting in 
lieu thereof "September 30,1992^'. 
(2) The amendment made by paragraph (1) shall take effect as of 
September 30, 1991, and shall apply with respect to inactive duty for 
training performed after that date for which special pay is au-
thorized under section 308d of such title. 
(c) ACCESSION BONUSES FOR NURSE OFFICER CANDIDATES.—(1) Sec-
tion 2130a(a)(l) of title 10, United States Code, is amended by 
striking out "September 30, 1991" and inserting in lieu thereof 
"September 30,1992". 
(2)(A) In the case of a person described in subparagraph (B) who 
executes an agreement under section 2130a of such title during the 
90-day period beginning on the date of the enactment of this Act, the 
Secretary concerned may treat such agreement as having been 
executed and accepted for purposes of such section on the first date 
on which the person would have qualified for such an agreement 
had the amendment made by paragraph (1) taken effect on October 
1,1991. 
(B) A person referred to in subparagraph (A) is a person who, 
during the period beginning on October 1, 1991, and ending on the 
date of the enactment of this Act, would have qualified for an 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1377 
agreement under such section had the amendment made by para-
graph (1) taken effect on October 1,1991. 
(C) For purposes of this paragraph, the term "Secretary con-
cerned" has the meaning given that term in section 101(8) of such 
title. 
SEC. 613. INCREASE IN IMMINENT DANGER PAY. 
Section 310(a) of title 37, United States Code (as amended by 
section 611(a)), is further amended by striking out "lowest rate for 
hazardous duty incentive pay specified in section 301(cXl) of this 
title" and inserting in lieu thereof "rate of $150". 
SEC. 614. CLARIFICATION OF PARACHUTE JUMPING FOR PURPOSES OF 
HAZARDOUS DUTY PAY. 
Section 301(c)(1) of title 37, United States Code, is amended by 
striking out "at a high altitude with a low opening" in the second 
sentence and inserting in lieu thereof "in military free fall oper-
ations involving parachute deployment by the jumper without the 
use of a static line". 
SEC. 615. INELIGIBILITY OF FLAG OFFICERS FOR MULTIYEAR RETEN- ;37 USC 301d 
TION BONUS FOR MEDICAL OFFICERS. 
"ote. 
(a) REITERATING INEUGIBILITY.—The restriction contained in 
subsection (b)(2) of section 301d of title 37, United States Code, on 
the eligibility of flag and general officers serving as full-time physi-
cians to receive a multiyear retention bonus under that section shall 
not be construed as being limited, modified, or superseded by any 
provision of law, whether enacted before, on, or after the date of the 
enactment of this Act, unless that provision of law— 
(1) specifically refers to that section and this subsection; and 
(2) identifies the flag and general officers affected by that 
provision. 
(b) SAVINGS PROVISION.—(1) A medical officer of the Armed Forces 
who is a flag or general officer and has received any payment of a 
bonus under section 301d of title 37, United States Code, before the 
date of the enactment of this Act may not be required to reimburse 
the United States for such payment by reason of the enactment of 
subsection (a). 
(2) A written agreement referred to in section 301d of title 37, 
United States Code, that was entered into on or after April 10, 1991, 
and before the date of the enactment of this Act by a medical officer 
of the Armed Forces referred to in paragraph (1) in exchange for a 
payment (or a promise of payment) of a bonus under that section 
shall be terminated as of the later of— 
(A) the end of the month following the month in which this 
Act is enacted; or 
(B) the end of the period covered by the bonus payment or 
payments received by that officer as described in that para-
graph. 
PART C—TRAVEL AND TRANSPORTATION ALLOWANCES 
SEC. 621. DEFINITION OF DEPENDENT FOR PURPOSES OF ALLOWANCES. 
The text of section 401 of title 37, United States Code, is amended 
to read as follows: 
105 STAT. 1378 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(a) DEPENDENT DEFINED.—In this chapter, the term 'dependent', 
with respect to a member of a uniformed service, means the follow-
ing persons: 
"(1) The spouse of the member. 
"(2) An unmarried child of the member who— 
"(A) is under 21 years of age; 
"(B) is incapable of self-support because of mental or 
physical incapacity and is in fact dependent on the member 
for more than one-half of the child's support; or 
"(C) is under 23 years of age, is enrolled in a full-time 
course of study in an institution of higher education ap-
proved by the Secretary concerned for purposes of this 
subparagraph, and is in fact dependent on the member for 
more than one-half of the child's support. 
"(3) A parent of the member if— 
"(A) the parent is in fact dependent on the member for 
more than one-half of the parent's support; 
"(B) the parent has been so dependent for a period pre-
scribed by the Secretary concerned or became so dependent 
due to a change of circumstances arising after the member 
entered on active duty; and 
"(C) the dependency of the parent on the member is 
determined on the basis of an affidavit submitted by the 
parent and any other evidence required under regulations 
prescribed by the Secretary concerned. 
"(b) OTHER DEFINITIONS.—For purposes of subsection (a): 
"(1) The term 'child' includes— 
"(A) a stepchild of the member (except that such term 
does not include a stepchild after the divorce of the member 
from the stepchild's parent by blood); 
"(B) an adopted child of the member, including a child 
placed in the home of the member by a placement agency 
for the purpose of adoption; and 
"(C) an illegitimate child of the member if the member's 
parentage of the child is established in accordance with 
criteria prescribed in regulations by the Secretary con-
cerned. 
"(2) The term 'parent' means— 
"(A) a natural parent of the member; 
"(B) a stepparent of the member; 
"(C) a parent of the member by adoption; 
"(D) a parent, stepparent, or adopted parent of the spouse 
of the member; and 
"(E) any other person, including a former stepparent, 
who has stood in loco parentis to the member at any time 
for a continuous period of at least five years before the 
member became 21 years of age.". 
SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCE FOR DEPEND-
ENTS OF MEMBERS ASSIGNED TO A VESSEL UNDER 
CONSTRUCTION. 
Section 406c(bXl) of title 37, United States Code, is amended by 
striking out "the location that was the home port of the ship before 
commencement of construction" and inserting in lieu thereof "the 
designated home port of the ship, or the area where the dependents 
of the member are residing,". 
PUBLIC LAW 102-190-DEC. 5, 1991 
105 STAT. 1379 
SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN 
EMERGENCY DUTY WITHIN LIMITS OF DUTY STATION. 
Section 408 of title 37, United States Code, is amended— 
(1) by inserting "(a)" before "A member of a uniformed serv-
ice"; and 
(2) by adding at the end the following new subsection: 
"(b)(1) Under regulations prescribed by the Secretary concerned, a Regulations. 
member of a uniformed service who performs emergency duty de-
scribed in paragraph (2) is entitled to travel and transportation 
allowances under section 404 of this title for that duty. 
"(2) The emergency duty referred to in paragraph (1) is duty 
that— 
"(A) is performed by a member under emergency cir-
cumstances that threaten injury to property of the Federal 
Government or human life; 
"(B) is performed at a location within the limits of the mem-
ber's station (other than at the residence or normal duty loca-
tion of the member); 
"(C) is performed pursuant to the direction of competent 
authority; and 
"(D) requires the member's use of overnight accommoda-
tions.". 
SEC. 6
2
4
. 
AUTHORITY 
OF 
MEMBERS 
TO 
DEFER 
AUTHORIZED 
TRAVEL 
IN 
CONNECTION 
WITH 
CONSECUTIVE 
OVERSEAS 
TOURS. 
Section 411b(a)(2) of title 37, United States Code, is amended to 
read as follows: 
"(2) Under the regulations referred to in paragraph (1), a member 
may defer the travel for which the member is paid travel and 
transportation allowances under such paragraph until not more 
than one year after the date on which the member begins the 
consecutive tour of duty at the same duty station or reports to 
another duty station under the order involved, as the case may be.". 
SEC. 625. INCREASE IN FAMILY SEPARATION ALLOWANCE. 
(a) INCREASE IN ALLOWANCE.—Subsection (b)(1) of section 427 of 
title 37, United States Code (as amended by section 611(b)), is further 
amended by striking out "$60" and inserting in lieu thereof "$75". 
(b) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (a), by inserting "ALLOWANCE EQUAL TO 
BASIC ALLOWANCE FOR QUARTERS.—" after "(a)"; and 
(2) in subsection (b), by inserting "ADDITIONAL SEPARATION 
ALLOWANCE.—" after "(b)". 
SEC. 626. TRANSPORTATION OF THE REMAINS OF CERTAIN DECEASED 
DEPENDENTS OF RETIRED MEMBERS OF THE ARMED FORCES. 
(a) TRANSPORTATION OF REMAINS.—Section 1490 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by inserting ", or a dependent of such a 
member," after "equivalent pay"; and 
(2) by striking out subsection (c) and inserting in lieu thereof 
the following: 
"(c) In this section: 
"(1) The term'United States'includes the Commonwealth of 
Puerto Rico and the territories and possessions of the United 
States. 
105 STAT. 1380 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(2) The term 'dependent' has the meaning given such term in 
section 1072(2) of this title.", 
(b) CONFORMING AMENDMENTS.—(1) The heading of section 1490 of 
title 10, United States Code, is amended to read as follows: 
"§ 1490. Transportation of remains: certain retired members and 
dependents who die in military medical facilities". 
(2) The table of sections at the beginning of chapter 75 of such title 
is amended by striking out the item relating to section 1490 and 
inserting in lieu thereof the following: 
"1490. Transportation of remains: certain retired members and dependents who die 
in military medical facilities.". 
PART D—MATTERS RELATED TO CONTINGENCY OPERATIONS 
SEC. 631. DEFINITION OF CONTINGENCY OPERATION. 
(a) TITLE 10.—Section 101 of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
"(47) The term 'contingency operation' means a military oper-
ation that— 
"(A) is designated by the Secretary of Defense as an 
operation in which members of the armed forces are or may 
become involved in military actions, operations, or hos-
tilities against an enemy of the United States or against an 
opposing military force; or 
"(B) results in the call or order to, or retention on, active 
duty of members of the uniformed services under section 
672(a), 673, 673b, 673c, 688, 3500, or 8500 of this title, 
chapter 15 of this title, or any other provision of law during 
a war or during a national emergency declared by the 
President or Congress.". 
(b) TITLE 37.—Section 101 of title 37, United States Code, is 
amended by adding at the end the following new paragraph: 
"(26) The term 'contingency operation' has the meaning given 
that term in section 101(47) of title 10.". 
SEC. 632. BASIC ALLOWANCE FOR QUARTERS FOR CERTAIN RESERVES 
WITHOUT DEPENDENTS. 
(a) PAYMENT REQUIRED.—Section 403(d) 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) A member of a reserve component without dependents who is 
called or ordered to active duty in support of a contingency oper-
ation (other than a member who is authorized transportation of 
household goods under section 406 of this title as part of that call or 
order) may not be denied a basic allowance for quarters if, because 
of that call or order, the member is unable to continue to occupy a 
residence— 
"(A) which is maintained as the primary residence of the 
member at the time of the call or order; and 
"(B) which is owned by the member or for which the member 
is responsible for rental pa3anents.". 
37 use 403 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
"^o*^- 
shall take effect on the date of the enactment of this Act and shall 
apply to calls or orders of members of the reserve components of the 
Armed Forces to active duty on or after that date. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1381 
SEC. 633. VARIABLE HOUSING ALLOWANCE. 
Section 403a(bX3) of title 37, United States Code (as amended by 
section 604(bXl)(B)), is further amended by striking out "140 days" 
and inserting in lieu thereof "140 days, unless the call or order to 
active duty is in support of a contingency operation"; 
SEC. 634. MEDICAL, DENTAL, AND NONPHYSICIAN SPECIAL PAYS FOR RE-
SERVE, RECALLED, OR RETAINED HEALTH CARE OFFICERS. 
(a) EuGiBLE FOR SPECIAL PAY.—Chapter 5 of title 37, United States 
Code, is amended by inserting after section 302e the following new 
section: 
"§ 302f. Special pay: reserve, recalled, or retained health care ofH-
cers 
"(a) ELIGIBLE FOR SPECIAL PAY.—A health care officer described in 
subsection Ot)) shall be eligible for special pay under section 302, 
302a, 302b, 302c, 302e, or 303 of this title (whichever applies) not-
withstanding any requirement in those sections that— 
"(1) the call or order of the officer to active duty be for a 
period of not less than one year; or 
"(2) the officer execute a written agreement to remain on 
active duty for a period of not less than one year. 
"(b) HEALTH CARE OFFICERS DESCRIBED.—A health care officer 
referred to in subsection (a) is an officer of the armed forces who is 
otherwise eligible for special pay under section 302, 302a, 302b, 302c, 
302e, or 303 of this title and who— 
"(1) is a reserve officer on active duty (other than for training) 
under a call or order to active duty for a period of more than 30 
days but less than one year; 
"(2) is involuntarily retained on active duty under section 
673c of title 10, or is recalled to active duty under section 688 of 
title 10 for a period of more than 30 days; or 
"(3) voluntarily agrees to remain on active duty for a period of 
less than one year at a time when— 
"(A) officers are involuntarily retained on active duty 
under section 673c of title 10; or 
"(B) the Secretary of Defense determines (pursuant to 
regulations prescribed by the Secretary) that special cir-
cumstances justify the payment of special pay under this 
section. 
"(c) MONTHLY PAYMENTS.—Pajnnent of special pay pursuant to 
this section may be made on a monthly basis. The officer shall 
refund any amount received under this section in excess of the 
amount that corresponds to the actual period of active duty served 
by the officer. 
"(d) SPECIAL RULE FOR RESERVE MEDICAL OFFICER.—While a re-
serve medical officer receives a special pay under section 302 of this 
title by reason of subsection (a), the officer shall not be entitled to 
special pay under subsection (h) of that section.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 302e the following new item: 
"302f. Special pay: reserve, recalled, or retained health care officers.". 
105 STAT. 1382 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 635. WAIVER OF BOARD CERTIFICATION REQUIREMENTS. 
(a) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION.— 
Chapter 5 of title 37, United States Code, is amended by inserting 
after section 303a the following new section: 
"§ 303b. Waiver of board certification requirements 
"(a) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION.—A 
member of the armed forces described in subsection 0^) who com-
pletes the board certification or recertification requirements speci-
fied in section 302(a)(5), 302b(aX5), 302c(cX3), or 302c(dX4) of this title 
before the end of the period established for the member in subsec-
tion (c) shall be paid special pay under the applicable section for 
active duty performed during the period beginning on the date on 
which the member was assigned to duty in support of a contingency 
operation and ending on the date of that certification 
or 
recertification if the Secretary of Defense determines that the 
member was unable to schedule or complete that certification or 
recertification earlier because of that duty. 
"(b) ELIGIBLE MEMBERS DESCRIBED.—A member of the armed 
forces referred to in subsection (a) is a member who— 
"(1) is a medical or dental officer or a nonphysician health 
care provider; 
"(2) has completed any required residency training; and 
"(3) was, except for the board certification requirement, other-
wise eligible for special pay under section 302(a)(5), 302b(a)(5), 
302c(cX3), or 302c(dX4) of this title during a duty assignment in 
support of a contingency operation. 
"(c) PERIOD FOR CERTIFICATION.—The period referred to in subsec-
tion (a) for completion of board certification or recertification 
requirements with respect to a member of the armed forces is the 
180-day period (extended for such additional time as the Secretary of 
Defense determines to be appropriate) beginning on the date on 
which the member is released from the duty to which the member 
was assigned in support of a contingency operation.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 303a the following new item: 
"303b. Waiver of board certification requirements.". 
SEC. 636. WAIVER OF FOREIGN LANGUAGE PROFICIENCY CERTIFICATION 
REQUIREMENT. 
(a) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION.— 
Chapter 5 of title 37, United States Code, is amended by inserting 
after section 316 the following new section: 
"§ 316a. Waiver of certification requirement 
"(a) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION.—(1) 
A member of the armed forces described in subsection (b) shall be 
paid special pay under section 316 of this title for the active duty 
performed by that member during the period described in para-
graph (2) if— 
"(A) the member was assigned to duty in connection with a 
contingency operation; 
Regulations. 
"(B) the Secretary concerned (under regulations prescribed by 
the Secretary of Defense) determines that the member was 
unable to schedule or complete the certification required for 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1383 
eligibility for the special pay under that section because of that 
duty; 
"(C) except for not meeting the certification requirement in 
that section, the member was otherwise eligible for that special 
pay for that active duty; and 
"(D) the member completes the certification requirement 
specified in that section before the end of the period established 
for the member in subsection (c). 
"(2) The period for which a member may be paid special pay for 
active duty pursuant to paragraph (1) is the period beginning on the 
date on which the member was assigned to the duty referred to in 
subparagraph (A) of that paragraph and ending on the date of the 
member's certification referred to in subparagraph (D) of that para-
graph. 
"(b) EuGiBLE MEMBER DESCRIBED.—A member of the armed forces 
referred to in subsection (a) is a member who meets the requirement 
referred to in section 316(a)(3) of this title. 
"(c) PERIOD FOR CERTIFICATION.—The period referred to in 
subparagraph (D) of subsection (a)(1) with respect to a member of the 
armed forces is the 180-day period beginning on the date on which 
the member was released from the duty referred to in that subsec-
tion. The Secretary concerned may extend that period for a member Regulations. 
in accordance with regulations prescribed by the Secretary of 
Defense.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 316 the following new item: 
"316a. Waiver of certification requirement.". 
SEC. 637. TREATMENT OF ACCRUED LEAVE. 
(a) MEMBERS WHO DIE WHILE ON ACTIVE DUTY.—Subsection (d) of 
section 501 of title 37, United States Code, is amended— 
(1) by inserting "(1)" after "(d)"; 
(2) by striking out "However," in the third sentence and 
inserting in lieu thereof "Except as provided in paragraph (2),"; 
and 
(3) by adding at the end the following new paragraph: 
"(2) In the case of a member of the uniformed services who dies as 
a result of an injury or illness incurred while serving on active duty 
in support of a contingency operation, the limitations in the second 
sentence of subsection (b)(3), subsection (f), and the second sentence 
of subsection (g) shall not apply with respect to a payment made 
under this subsection for leave accrued during the contingency 
operation.". 
(b) OTHER MEMBERS.—Subsection (b) of that section is amended by 
adding at the end the following new paragraph: 
"(5) The limitation in the second sentence of paragraph (3) and in 
subsection (f) shall not apply with respect to leave accrued— 
"(A) by a member of a reserve component while serving on 
active duty in support of a contingency operation; 
"(B) by a member of the armed forces in the Retired Reserve 
while serving on active duty in support of a contingency oper-
ation; or 
"(C) by a retired member of the Regular Army, Regular Navy, 
Regular Air Force, or Regular Marine Corps or a member of the 
Fleet Reserve or Fleet Marine Corps Reserve while the member 
105 STAT. 1384 
PUBLIC LAW 102-190—DEC. 5, 1991 
is serving on active duty in support of a contingency oper-
ation.". 
SEC. 638. AUTHORIZATION TO EXCEED CEILING ON ACCUMULATION OF 
LEAVE. 
Section 701(f) of title 10, United States Code, is amended— 
(1) by inserting "(1)" after "(f)"; 
(2) by striking out "Leave" in the last sentence and inserting 
in lieu thereof "Except as provided in paragraph (2), leave"; and 
(3) by adding at the end the following new paragraph: 
"(2) Under the uniform regulations referred to in paragraph (1), a 
member of an armed force who serves on active duty in a duty 
assignment in support of a contingency operation during a fiscal 
year and who, except for this paragraph— 
"(A) would lose any accumulated leave in excess of 60 days at 
the end of that fiscal year, shall be permitted to retain such 
leave (not to exceed 90 days) until the end of the succeeding 
fiscal year; or 
"(B) would lose any accumulated leave in excess of 60 days at 
the end of the succeeding fiscal year (other than by reason of 
subparagraph (A)), shall be permitted to retain such leave (not 
to exceed 90 days) until the end of the next succeeding fiscal 
year.". 
SEC. 639. SAVINGS PROGRAM FOR OVERSEAS MEMBERS AND MEMBERS 
IN A MISSING STATUS. 
(a) MISSING MEMBERS.—Subsection (b) of section 1035 of title 10, 
United States Code, is amended— 
(1) by striking out "or during the Persian Gulf conflict." in 
the second sentence and inserting in lieu thereof ", the Persian 
Gulf conflict, or a contingency operation."; and 
(2) by striking out the last sentence. 
(b) OTHER MEMBERS.—Such section is further amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new subsec-
tion: 
"(f) The Secretary of Defense may authorize a member of the 
armed forces who is on a temporary duty assignment outside of the 
United States or its possessions in support of a contingency oper-
ation to make deposits of unallotted current pay and allowances 
during that duty as provided in subsection (a). The Secretary shall 
prescribe regulations establishing standards and procedures for the 
administration of this subsection.". 
(c) DEFINITIONS.—Subsection (g) of such section (as redesignated by 
subsection (b)(1)) is amended to read as follows: 
"(g) In this section: 
"(1) The term 'missing status' has the meaning given that 
term in section 551(2) of title 37. 
"(2) The term 'Vietnam conflict' means the period beginning 
on February 28,1961, and ending on May 7,1975. 
"(3) The term 'Persian Gulf conflict' means the period begin-
ning on January 16, 1991, and ending on the date thereafter 
prescribed by Presidential proclamation or by law.". 
SEC. 640. TRANSITIONAL HEALTH CARE. 
(a) HEALTH CARE PROVIDED.—Chapter 55 of title 10, United States 
Code, is amended— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1385 
(1) by redesignating section 1074b as section 1074c; and 
(2) by inserting after section 1074a the following new section: 
"§ 1074b. Transitional medical and dental care: members on active 
duty in support of contingency operations 
"(a) HEALTH CARE PROVIDED.—A member of the armed forces 
described in subsection Qj), and the dependents of the member, shall 
be entitled to receive health care described in subsection (c) upon the 
release of the member from active duty in support of a contingency 
operation until the earlier of— 
"(1) 30 days after the date of the release of the member from 
active duty; or 
"(2) the date on which the member and the dependents of the 
member are covered by a health plan sponsored by an employer. 
"Qo) ELIGIBLE MEMBER DESCRIBED.—A member of the armed forces 
referred to in subsection (a) is a member who— 
"(1) is a member of a reserve component and is called or 
ordered to active duty in support of a contingency operation; 
"(2) is involuntarily retained on active duty under section 
673c of this title in support of a contingency operation; or 
"(3) voluntarily agrees to remain on active duty for a period of 
less than one year in support of a contingency operation. 
"(c) HEALTH CARE DESCRIBED.—The health care referred to in 
subsection (a) is— 
"(1) medical and dental care available under section 1076 of 
this title in the same manner as such care is available for a 
dependent described in subsection (a)(2) of that section; and 
"(2) health benefits contracted for 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.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by striking out the item relating to 
section 1074b and inserting in lieu thereof the following new items: 
"1074b. Transitional medical and dental care: members on active duty in support of 
contingency operations. 
"1074c. Medical care: authority to provide a wig.". 
PART E—MISCELLANEOUS 
SEC. 
6
5
1
. 
PERMANENT 
EXTENSION 
OF 
PROGRAM TO 
REIMBURSE 
MEM-
BERS 
OF 
THE 
ARMED 
FORCES 
FOR 
ADOPTION 
EXPENSES. 
(a) CODIFICATION OF PROGRAM FOR DEPARTMENT OF DEFENSE.—(1) 
Chapter 53 of title 10, United States Code, is amended by inserting 
after section 1051 following new section: 
"§ 1052. Reimbursement for adoption expenses 
"(a) AUTHORIZATION TO REIMBURSE.—The Secretary of Defense 
shall carry out a program under which a member of the armed 
forces may be reimbursed, as provided in this section, for qualifying 
adoption expenses incurred by the member in the adoption of a child 
under 18 years of age. 
"(b) ADOPTIONS COVERED.—An adoption for which expenses may 
be reimbursed under this section includes an adoption by a single 
person, an infant adoption, an intercountry adoption, and an adop-
tion of a child with special needs (as defined in section 473(c) of the 
Social Security Act (42 U.S.C. 673(c)). 
105 STAT. 1386 
PUBLIC LAW 102-190—DEC. 5. 1991 
"(c) BENEFITS PAID AFTER ADOPTION IS FINAL.—Benefits paid 
under this section in the case of an adoption may be paid only after 
the adoption is final. 
"(d) TREATMENT OF OTHER BENEFITS.—A benefit may not be paid 
under this section for any expense paid to or for a member of the 
armed forces under any other adoption benefits program adminis-
tered by the Federal Government or under any such program 
administered by a State or local government. 
"(e) LIMITATIONS.—(1) Not more than $2,000 may be paid under 
this section to a member of the armed forces, or to two such 
members who are spouses of each other, for expenses incurred in the 
adoption of a child. 
"(2) Not more than $5,000 may be paid under this section to a 
member of the armed forces, or to two such members who are 
spouses of each other, for adoptions by such member (or members) in 
any calendar year. 
"(f) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations to carry out this section. 
"(g) DEFINITIONS.—In this section: 
"(1) The term 'qualifying adoption expenses' means reason-
able and necessary expenses that are directly related to the 
legal adoption of a child under 18 years of age, but only if such 
adoption is arranged by a State or local government agency 
which has responsibility under State or local law for child 
placement through adoption or by a nonprofit, voluntary adop-
tion agency which is authorized by State or local law to place 
children for adoption. Such term does not include any expense 
incurred— 
"(A) by an adopting parent for travel; or 
"(B) in connection with an adoption arranged in violation 
of Federal, State, or local law. 
"(2) The term 'reasonable and necessary expenses' includes— 
"(A) public and private agency fees, including adoption 
fees charged by an agency in a foreign country; 
"(B) placement fees, including fees charged adoptive par-
ents for counseling; 
"(C) legal fees (including court costs) in connection with 
services that are unavailable to a member of the armed 
forces under section 1044 or 1044a of this title; and 
"(D) medical expenses, including hospital expenses of the 
biological mother of the child to be adopted and of a new-
born infant to be adopted.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1051 the 
following new item: 
"1052. Reimbursement for adoption expenses.". 
0?) CODIFICATION OF PROGRAM FOR COAST GUARD PURPOSES.—(1) 
Chapter 13 of title 14, United States Code, is amended by adding at 
the end the following new section: 
"§ 514. Reimbursement for adoption expenses 
"(a) AUTHORIZATION TO REIMBURSE.—The Secretary shall carry 
out a program under which a member of the Coast Guard may be 
reimbursed, as provided in this section, for qualifying adoption 
expenses incurred by the member in the adoption of a child under 18 
years of age. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1387 
"(b) ADOPTIONS COVERED.—An adoption for which expenses may 
be reimbursed under this section includes an adoption by a single 
person, an infant adoption, an intercountry adoption, and an adop-
tion of a child with special needs (as defined in section 473(c) of the 
Social Security Act (42 U.S.C. 673(c)). 
"(c) BENEFITS PAID AFTER ADOPTION Is FINAL.—Benefits paid 
under this section in the case of an adoption may be paid only after 
the adoption is final. 
"(d) TREATMENT OF OTHER BENEFITS.—A benefit may not be paid 
under this section for any expense paid to or for a member of the 
Coast Guard under any other adoption benefits program adminis-
tered by the Federal Government or under any such program 
administered by a State or local government. 
"(e) LIMITATIONS.—(1) Not more than $2,000 may be paid under 
this section to a member of the Coast Guard, or to two such 
members who are spouses of each other, for expenses incurred in the 
adoption of a child. 
"(2) Not more than $5,000 may be paid under this section to a 
member of the Coast Guard, or to two such members who are 
spouses of each other, for adoptions by such member (or members) in 
any calendar year. 
(f) REGULATIONS.—The Secretary shall prescribe regulations to 
carry out this section. 
"(g) DEFINITIONS.—In this section: 
"(1) The term 'qualifying adoption expenses' means reason-
able and necessary expenses that are directly related to the 
legal adoption of a child under 18 years of age, but only if such 
adoption is arranged by a State or local government agency 
which has responsibility under State or local law for child 
placement through adoption or by a nonprofit, voluntary adop-
tion agency which is authorized by State or local law to place 
children for adoption. Such term does not include any expense 
incurred— 
"(A) by an adopting parent for travel; or 
"(B) in connection with an adoption arranged in violation 
of Federal, State, or local law. 
"(2) The term 'reasonable and necessary expenses' includes— 
"(A) public and private agency fees, including adoption 
fees charged by an Eigency in a foreign country; 
"(B) placement fees, including fees charged adoptive par-
ents for counseling; 
"(C) legal fees (including court costs) in connection with 
services that are unavailable to a member of the Coast 
Guard under section 1044 or 1044a of title 10; and 
"(D) medical expenses, including hospital expenses of the 
biological mother of the child to be adopted and of a new-
born infant to be adopted.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"514. Reimbursement for adoption expenses.". 
(c) EFFECTIVE DATE.—The amendments made by subsections (a) 
lo use 1052 
and (b) shall take effect on the date of the enactment of this Act and 
'^"^^ 
shall apply to adoptions completed on or after that date. 
SEC. 652. INCREASE IN AMOUNT OF DEATH GRATUITY. 
(a) INCREASE.—Section 1478(a) of title 10, United States Code, is 
amended— 
105 STAT. 1388 
PUBLIC LAW 102-190—DEC. 5, 1991 
10 use 1478 
note. 
Regulations. 
10 use 1448 
note. 
Effective date. 
10 use 1457 
note. 
(1) by striking out "1475-1477" and inserting in lieu thereof 
"1475 through 1477"; and 
(2) by striking out "equal to six months' pay" and all that 
follows through the period in the first sentence and inserting in 
lieu thereof "$6,000.". 
Qo) EFFECTIVE DATE AND TRANSITIONAL PROVISION.—(1) 
The 
amendments made by subsection (a) shall take effect as of August 2, 
1990. 
(2) In the case of the payment of a death gratuity under sections 
1475 through 1477 of title 10, United States Code, with respect to a 
person who died during the period beginning on August 2, 1990, and 
ending on the date of the enactment of this Act, the amount of the 
death gratuity under section 1478(a) of such title (as amended by 
subsection (a)) shall be reduced by the amount of any such gratuity 
paid with respect to such person under this section (as in effect on 
August 1,1990). 
SEC. 653. SURVIVOR BENEFIT PLAN. 
(a) ADDITIONAL PREMIUM FOR S B P OPEN SEASON ENROLLMENT.—(1) 
Section 1405 of the Military Survivor Benefits Improvement Act of 
1989 (title XIV of Public Law 101-189; 103 Stat. 1586; 10 U.S.C. 1448 
note) is amended by adding at the end the following new subsection: 
"(j) ADDITIONAL PREMIUM.—The Secretary of Defense may require 
that the SBP premium for a person making an election under 
subsection (a)(1) or (b) include, in addition to the amount required 
under section 1452(a) of title 10, United States Code, an amount 
determined under regulations prescribed by the Secretary of De-
fense for the purposes of this subsection. Any such amount shall be 
stated as a percentage of the base amount of the person making the 
election and shall reflect the number of years that have elapsed 
since the person retired, but may not exceed 4.5 percent of that 
person's base amount.". 
(2) Section 1406 of such Act is amended by adding at the end the 
following: 
"(4) The term 'SBP premium' means the reduction in retired 
pay required as a condition of providing an annuity under the 
Survivor Benefit Plan. 
"(5) The term 'base amount' has the meaning given that term 
in section 1447(2) of title 10, United States Code.". 
(b) AMOUNT OF ANNUITY UNDER SUPPLEMENTAL SURVIVOR BENEFIT 
PLAN.—(1) Section 1457(b) of title 10, United States Code, is amend-
ed by striking out "20 percent of the base amount under the 
Survivor Benefit Plan of the person providing the annuity" and 
inserting in lieu thereof "5, 10, 15, or 20 percent of the base amount 
under the Survivor Benefit Plan of the person providing the annu-
ity, as specified by that person when electing to provide the annu-
ity". 
(2) Section 1460(bX2) of such title is amended by inserting before 
the period the following: "and, in the case of a person providing a 
supplemental spouse annuity computed under section 1457(b) of this 
title, a constant percentage of such person's base amount for each 5 
percent increment specified in accordance with that section". 
(3) The amendments made by this subsection shall take effect on 
April 1,1992. 
(c) CLARIFICATION THAT MAXIMUM BASIC COVERAGE REQUIRED TO 
ELECT SUPPLEMENTAL COVERAGE.—(1) Section 1458(aXl) of title 10, 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1389 
United States Code, is amended by inserting "at the maximum 
level" after "Survivor Benefit Plan". 
(2) Section 1405 of the Military Survivor Benefits Improvement 
Act of 1989 (title XIV of Public Law 101-189; 103 Stat. 1586; 10 
U.S.C. 1448 note) is amended— 
(A) in subsection (aX2), by inserting "at the maximum level" 
after "Survivor Benefit Plan" the first place it appears; and 
(B) in subsection (c)(2), by inserting "at the maximum level, or 
during the open enrollment period the person increases the 
level of such participation to the maximum level under subsec-
tion (b) of this section," after "Survivor Benefit Plan". 
SEC. 654. PAYMENT OF SURVIVOR ANNUITY TO A REPRESENTATIVE OF A 
LEGALLY INCOMPETENT PERSON. 
(a) SURVIVOR BENEFIT PLAN ANNUITY.—Section 1455 of title 10, 
United States Code, is amended— 
(1) by inserting "(a)" before "The President"; and 
(2) by adding at the end the following new subsections: 
"(b) The regulations prescribed pursuant to subsection (a) shall 
provide procedures for the payment of an annuity under this sub-
chapter in the case of— 
"(1) a person for whom a guardian or other fiduciary has been 
appointed; and 
"(2) a minor, mentally incompetent, or otherwise legally dis-
abled person for whom a guardian or other fiduciary has not 
been appointed. 
"(c) The regulations under subsection (b) may include provisions 
for the following: 
"(1) In the case of an annuitant referred to in subsection (b)(1), 
payment of the annuity to the appointed guardian or other 
fiduciary. 
"(2) In the case of an annuitant referred to in subsection (b)(2), 
payment of the annuity to any person who, in the judgment of 
the Secretary concerned, is responsible for the care of the 
annuitant. 
"(3) Subject to paragraphs (4) and (5), a requirement for the 
payee of an annuity to spend or invest the amounts paid on 
behalf of the annuitant solely for benefit of the annuitant. 
"(4) Authority for the Secretary concerned to permit the 
payee to withhold from the annuity payment such amount, not 
in excess of 4 percent of the annuity, as the Secretary concerned 
considers a reasonable fee for the fiduciary services of the payee 
when a court appointment order provides for payment of such a 
fee to the payee for such services or the Secretary concerned 
determines that payment of a fee to such payee is necessary in 
order to obtain the fiduciary services of the payee. 
"(5) Authority for the Secretary concerned to require the 
payee to provide a surety bond in an amount sufficient to 
protect the interests of the annuitant and to pay for such bond 
out of the annuity. 
"(6) A requirement for the payee of an annuity to maintain 
and, upon request, to provide to the Secretary concerned an 
accounting of expenditures and investments of amounts paid to 
the payee. 
"(7) In the case of an annuitant referred to in subsection 
(bX2)-
105 STAT. 1390 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(A) procedures for determining incompetency and for 
selecting a payee to represent the annuitant for the pur-
poses of this section, including provisions for notifying the 
annuitant of the actions being taken to make such a deter-
mination and to select a representative payee, an oppor-
tunity for the annuitant to review the evidence being 
considered, and an opportunity for the annuitant to submit 
additional evidence before the determination is made; and 
"(B) standards for determining incompetency, including 
standards for determining the sufficiency of medical evi-
dence and other evidence. 
"(8) Provisions for any other matters that the President 
considers appropriate in connection with the payment of an 
annuity in the case of a person referred to in subsection (b). 
"(d) An annuity paid to a person on behalf of an annuitant in 
accordance with the regulations prescribed pursuant to subsection 
(b) discharges the obligation of the United States for payment to the 
annuitant of the amount of the annuity so paid.". 
(b) FAMILY PROTECTION PLAN ANNUITY.—(1) Subchapter I of chap-
ter 73 of title 10, United States Code, is amended by inserting after 
section 1444 the following new section: 
"§ 1444a. Regulations regarding payment of annuity to a rep-
resentative payee 
"(a) The regulations prescribed pursuant to section 1444(a) of this 
title shall provide procedures for the payment of an annuity under 
this subchapter in the case of— 
"(1) a person for whom a guardian or other fiduciary has been 
appointed; and 
"(2) a minor, mentally incompetent, or otherwise legally dis-
abled person for whom a guardian or other fiduciary has not 
been appointed. 
"(b) Those regulations may include the provisions set out in 
section 1455(c) of this title. 
"(c) An annuity paid to a person on behalf of an annuitant in 
accordance with the regulations prescribed pursuant to subsection 
(a) discharges the obligation of the United States for payment to the 
annuitant of the amount of the annuity so paid.". 
(2) The table of sections at the beginning of such subchapter is 
amended by inserting after the item relating to section 1444 the 
following: 
"1444a. Regulations regarding payment of annuity to a representative payee.". 
SEC. 655. WAIVER OF REDUCTION OF RETIRED PAY UNDER SPECIFIED 
CONDITIONS. 
(a) AMENDMENTS RELATING TO DUAL PAY.—(1) Section 5532 of title 
5, United States Code, is amended by adding at the end the 
following: 
"(h)(1) If warranted by circumstances described in subsection (g)(1) 
(A) or (B) (as applicable), the Director of the Administrative Office of 
the United States Courts shall, with respect to an employee in the 
judicial branch, have the same waiver authority as would be avail-
able to the Director of the Office of Personnel Management, or a 
duly authorized agency head, under subsection (g) with respect to an 
employee of an Executive agency. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1391 
"(2) Authority under this subsection may not be exercised with 
respect to a justice or judge of the United States, as defined in 
section 451 of title 28. 
"(i)(l) If warranted by circumstsinces described in subsection (gXD 
(A) or (B) (as applicable), an official or committee designated in 
paragraph (2) shall, with respect to the employees specified in the 
applicable subparagraph of such paragraph, have the same waiver 
authority as would be available to the Director of the Office of 
Personnel Management, or a duly authorized agency head, under 
subsection (g) with respect to an employee of an Executive agency. 
"(2) Authority under this subsection may be exercised— 
"(A) with respect to an employee of an agency in the legisla-
tive branch, by the head of such agency; 
"(B) with respect to an employee of the House of Representa-
tives, by the Speaker of the House of Representatives; and 
"(C) with respect to an employee of the Senate, by the 
Committee on Rules and Administration of the Senate. 
"(3) Any exercise of authority under this subsection shall be in 
conformance with such written policies and procedures as the 
agency head, the Speaker of the House of Representatives, or the 
Committee on Rules and Administration of the Senate (as ap-
plicable) shall prescribe, consistent with the provisions of this 
subsection. 
"(j) For the purpose of subsections (g) through (i), 'Executive 
agency' shall not include the General Accounting Office.". 
(2) Section 5531 of title 5, United States Code, is amended— 
(A) in paragraph (2) by striking "and" after the semicolon; 
(B) in paragraph (3) by striking the period at the end and 
inserting a semicolon; and 
(C) by adding after paragraph (3) the following: 
"(4) 'agency in the legislative branch' means the General 
Accounting Office, the Government Printing Office, the Library 
of Congress, the Office of Technology Assessment, the Office of 
the Architect of the Capitol, the United States Botanic Garden, 
and the Congressional Budget Office; 
"(5) 'employee of the House of Representatives' means a 
congressional employee whose pay is disbursed by the Clerk of 
the House of Representatives; 
"(6) 'employee of the Senate' means a congressional employee 
whose pay is disbursed by the Secretary of the Senate; and 
"(7) 'congressional employee' has the meaning given that 
term by section 2107 of this title, excluding an employee of an 
agency in the legislative branch.". 
(b) AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT 
SYSTEM.—(1) Section 8344 of title 5, United States Code, is amended 
by adding at the end the following: 
"(j)(l) If warranted by circumstances described in subsection (iXD 
(A) or (B) (as applicable), the Director of the Administrative Office of 
the United States Courts shall, with respect to an employee in the 
judicial branch, have the same waiver authority as would be avail-
able to the Director of the Office of Personnel Management, or a 
duly authorized agency head, under subsection (i) with respect to an 
employee of an Executive ^ency. 
"(2) Authority under this subsection may not be exercised with 
respect to a justice or judge of the United States, as defined in 
section 451 of title 28. 
105 STAT. 1392 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(k)(l) If warranted by circumstances described in subsection (i)(l) 
(A) or (B) (as applicable), an official or committee designated in 
paragraph (2) shall, with respect to the employees specified in the 
applicable subparagraph of such paragraph, have the same waiver 
authority as would be available to the Director of the Office of 
Personnel Management, or a duly authorized agency head, under 
subsection (i) with respect to an employee of an Executive agency. 
"(2) Authority under this subsection may be exercised— 
"(A) with respect to an employee of an agency in the legisla-
tive branch, by the head of such agency; 
"(B) with respect to an employee of the House of Representa-
tives, by the Speaker of the House of Representatives; and 
"(C) with respect to an employee of the Senate, by the 
Committee on Rules and Administration of the Senate. 
"(3) Any exercise of authority under this subsection shall be in 
conformance with such written policies and procedures as the 
agency head, the Speaker of the House of Representatives, or the 
Committee on Rules and Administration of the Senate (as ap-
plicable) shall prescribe, consistent with the provisions of this 
subsection. 
"(4) For the purpose of this subsection, 'agency in the legislative 
branch', 'employee of the House of Representatives', 'employee of 
the Senate', and 'congressional employee' each has the meaning 
given to it in section 5531 of this title. 
"(1)(1) For the purpose of subsections (i) through (k), 'Executive 
agency' shall not include the General Accounting Office. 
"(2) An employee as to whom a waiver under subsection (i), (j), or 
(k) is in effect shall not be considered an employee for purposes of 
this chapter or chapter 84 of this title.". 
(2) Section 8344(i)(3) of title 5, United States Code, is repealed. 
(c) AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIRE-
MENT SYSTEM.—(1) Section 8468 of title 5, United States Code, is 
amended by adding at the end the following: 
"(g)(1) If warranted by circumstances described in subsection (fid) 
(A) or (B) (as applicable), the Director of the Administrative Office of 
the United States Courts shall, with respect to an employee in the 
judicial branch, have the same waiver authority as would be avail-
able to the Director of the Office of Personnel Management, or a 
duly authorized agency head, under subsection (f) with respect to an 
employee of an Executive agency. 
"(2) Authority under this subsection may not be exercised with 
respect to a justice or judge of the United States, as defined in 
section 451 of title 28. 
"(h)(1) If warranted by circumstances described in subsection (f)(1) 
(A) or (B) (as applicable), an official or committee designated in 
paragraph (2) shall, with respect to the employees specified in the 
applicable subparagraph of such paragraph, have the same waiver 
authority as would be available to the Director of the Office of 
Personnel Management, or a duly authorized agency head, under 
subsection (f) with respect to an employee of an Executive agency. 
"(2) Authority under this subsection may be exercised— 
"(A) with respect to an employee of an agency in the legisla-
tive branch, by the head of such agency; 
"(B) with respect to an employee of the House of Representa-
tives, by the Speaker of the House of Representatives; and 
"(C) with respect to an employee of the Senate, by the 
Committee on Rules and Administration of the Senate. 
note. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1393 
"(3) Any exercise of authority under this subsection shall be in 
conformance with such written policies and procedures as the 
agency head, the Speaker of the House of Representatives, or the 
Committee on Rules and Administration of the Senate (as ap-
plicable) shall prescribe, consistent with the provisions of this 
subsection. 
"(4) For the purpose of this subsection, 'agency in the legislative 
branch', 'employee of the House of Representatives', 'employee of 
the Senate', and 'congressional employee' each has the meaning 
given to it in section 5531 of this title. 
"(i)(l) For the purpose of subsections (f) through (h), 'Executive 
agency' shall not include the General Accounting Office. 
"(2) An employee as to whom a waiver under subsection (f), (g), or 
(h) is in effect shall not be considered an employee for purposes of 
this chapter or chapter 83 of this title.". 
(2) Section 8468(f)(3) of title 5, United States Code, is repealed. 
(d) REPORTING REQUIREMENT.—(1) For the purpose of this subsec- 
•
'
> use ryfi-.vz 
tion, the term "agency in the legislative branch" has the meaning 
given such term by section 5531(4) of title 5, United States Code, as 
amended by subsection (a). 
(2) Each agency in the legislative branch shall submit to the 
Speaker of the House of Representatives and the Committee on 
Rules and Administration of the Senate, for each calendar year, a 
written report on how any authority made available as a result of 
the enactment of this section was used by such agency during the 
period covered by such report. 
(3) A report under this subsection— 
(A) shall include the number of instances in which each type 
of authority was exercised, the circumstances justifying the 
exercise of authority, and, unless previously submitted, a 
description of the policies and procedures governing each type 
of authority exercised; and 
(B) shall be submitted not later than 30 days after the end of 
the calendar year to which it relates. 
SEC. 656. EXPANDED ELIGIBILITY OF CERTAIN HEALTH CARE OFFICERS 
FOR CERTAIN SPECIAL PAYS FOR SERVICE IN CONNECTION 
WITH OPERATION DESERT STORM. 
Section 304(e) of the Persian Gulf Conflict 
Supplemental 
Authorization and Personnel Benefits Act of 1991 (Public Law 102-
25; 105 Stat. 81; 37 U.S.C. 302 note) is amended by striking out 
"November 5, 1990" and inserting in lieu thereof "August 1, 1990". 
SEC. 6
5
7
. INCREASE 
I
N 
THE 
AMOUNT 
OF 
A 
CLAIM 
FOR 
RECOUPMENT 
OF 
OVERPAYMENTS 
OF 
PAY, 
ALLOWANCES, 
AND 
EXPENSES 
THAT 
MAY 
BE 
WAIVED. 
(a) AMENDMENT TO TITLE 5.—Section 5584(a)(2)(A) of title 5, United 
States Code, is amended by striking out "$500" and inserting in lieu 
thereof "$1,500". 
O
b
) AMENDMENT TO TITLE 10.—Section 2774(a)(2)(A) of title 10, 
United States Code, is amended by striking out "$500" and inserting 
in lieu thereof "$1,500". 
(c) AMENDMENT TO TITLE 32.—Section 716(a)(2)(A) of title 32, 
United States Code, is amended by striking out "$500" and inserting 
in lieu thereof "$1,500". 
105 STAT. 1394 
PUBLIC LAW 102-190—DEC. 5, 1991 
PART F—READJUSTMENT BENEFITS FOR CERTAIN VOLUNTARILY 
SEPARATED MEMBERS 
SEC. 661. SPECIAL SEPARATION BENEFITS. 
(a) REQUIREMENT FOR PROGRAMS.—(1) Chapter 59 of title 10, 
United States Code, is amended by inserting after section 1174 the 
following new section: 
"§ 1174a. Special separation beneHts programs 
"(a) REQUIREMENT FOR PROGRAMS.—The Secretary of each mili-
tary department shall carry out a special separation benefits pro-
gram under this section. An eligible member of the armed forces 
may request separation under the program. The request shall be 
subject to the approval of the Secretary. 
"(h) BENEFITS.—Upon the approval of the request of an eligible 
member, the member shall— 
"(1) be released from active duty or discharged, as the case 
may be; and 
"(2) be entitled to— 
"(A) separation pay equal to 15 percent of the product of 
(i) the member's years of active service, and (ii) 12 times the 
monthly basic pay to which the member is entitled at the 
time of his discharge or release from active duty; and 
"(B) the same benefits and services as are provided under 
chapter 58 of this title for members of the armed forces who 
are involuntarily separated within the meaning of section 
1141 of this title. 
"(c) ELIGIBILITY.—Subject to subsections (d) and (e), a member of 
an armed force is eligible for voluntary separation under a program 
established for that armed force pursuant to this section if the 
member— 
"(1) has not been approved for payment of a voluntary separa-
tion incentive under section 1175 of this title; 
"(2) has served on active duty for more than 6 years before the 
date of the enactment of this section; 
"(3) has served on active duty for not more than 20 years; 
"(4) has served at least 5 years of continuous active duty 
immediately preceding the date of the member's separation 
from active duty; 
"(5) if a Reserve, is on an active duty list; and 
"(6) meets such other requirements as the Secretary may 
prescribe, which may include requirements relating to— 
"(A) years of service; 
"(B) skill or rating; 
"(C) grade or rank; and 
"(D) remaining period of obligated service. 
"(d) PROGRAM APPLICABILITY.—The Secretary of a military depart-
ment may provide for the program under this section to apply to any 
of the following members: 
"(1) A regular officer or warrant officer of an armed force. 
"(2) A regular enlisted member of an armed force. 
"(3) A member of an armed force other than a regular 
member. 
"(e) APPUCABILITY SUBJECT TO NEEDS OF THE SERVICE.—(1) Subject 
to paragraphs (2) and (3), the Secretary concerned may limit the 
applicability of a program under this section to any category of 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1395 
personnel defined by the Secretary in order to meet a need of the 
armed force under the Secretary's jurisdiction to reduce the number 
of members in certain grades, the number of members who have 
completed a certain number of years of active service, or the number 
of members who possess certain military skills or are serving in 
designated competitive categories. 
"(2) Any category prescribed by the Secretary concerned for regu-
lar officers, regular enlisted members, or other members pursuant 
to paragraph (1) shall be consistent with the categories applicable to 
regular officers, regular enlisted members, or other members, 
respectively, under the voluntary separation incentive program 
under section 1175 of this title or any other program established by 
law or by that Secretary for the involuntary separation of such 
members in the administration of a reduction in force. 
"(3) A member of the armed forces offered a voluntary separation 
incentive under section 1175 of this title shall also be offered the 
opportunity to request separation under a program established 
pursuant to this section. If the Secretary of the military department 
concerned approves a request for separation under either such 
section, the member shall be separated under the authority of the 
section selected by such member. 
"(f) APPUCATION REQUIREMENTS.—(1) In order to be separated 
under a program established pursuant to this section— 
"(A) a regular enlisted member eligible for separation under 
,, 
that program shall— 
"(i) submit a request for separation under the program 
before the expiration of the member's term of enlistment; 
or 
"(ii) upon discharge at the end of such term, enter into a 
written agreement (pursuant to regulations prescribed by 
the Secretary concerned) not to request reenlistment in a 
regular component; and 
"(B) a member referred to in subsection (dX3) eligible for 
separation under that program shall submit a request for sepa-
ration to the Secretary concerned before the expiration of the 
member's established term of active service. 
"(2) For purposes of this section, the entry of a member into an 
agreement referred to in paragraph (lXA)(ii) under a program estab-
lished pursuant to this section shall be considered a request for 
separation under the program. 
"(g) 
OTHER CONDITIONS, REQUIREMENTS, AND ADMINISTRATIVE 
PROVISIONS.—Subsections (e) through (h), other than subsection 
(eX2)(A), of section 1174 of this title shall apply in the administration 
of programs established under this section. 
"(h) TERMINATION OF PROGRAM.—(1) Except as provided in para-
graph (2), the Secretary of a military department may not conduct a 
program pursuant to this section after September 30,1995. 
"(2) No member of the armed forces may be separated under a 
program established pursuant to this section after the date of the 
termination of that program.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1174 the 
following new item: 
"1174a. Special separation benefits programs.". 
(b) COMMENCEMENT OF PROGRAMS WITHIN 60 DAYS.—The Sec- lo use ii74a 
retary of each military department shall commence the program 
"''^ 
105 STAT. 1396 
PUBLIC LAW 102-190—DEC. 5, 1991 
required by section 1174a of title 10, United States Code (as added by 
subsection (a)), not later than 60 days after the date of the enact-
ment of this Act. 
SEC. 662. VOLUNTARY SEPARATION INCENTIVE. 
(a) PROGRAM AUTHORIZED—(1) Chapter 59 of title 10, United States 
Code, as amended by section 661, is further amended by adding at 
the end thereof the following new section: 
"§1175. Voluntary separation incentive 
"(a) Consistent with this section and the availability of appropria-
tions for this purpose, the Secretary of Defense may provide a 
financial incentive to members of the armed forces described in 
subsection (b) for voluntary appointment, enlistment, or transfer to 
a Reserve component, requested and approved under subsection (c), 
for the period of time the member serves in a reserve component. 
"(b) The Secretary of Defense may provide the incentive to a 
member of the armed forces if the member— 
"(1) has served on active duty for more than 6 but less than 20 
years; 
"(2) has served at least 5 years of continuous active duty 
immediately preceding the date of separation; 
"(3) if a Reserve, is on the active duty list; and 
"(4) meets such other requirements as the Secretary may 
prescribe from time to time, which may include requirements 
relating to— 
"(A) years of service; 
"(B) skill or rating; 
"(C) grade or rank; and 
"(D) remaining period of obligated service. 
"(c) A member of the armed forces offered a voluntary separation 
incentive under this section shall be offered the opportunity to 
request separation under a program established pursuant to section 
1174a of this title. If the Secretary of the military department 
concerned approves a request for separation under either such 
section, the member shall be separated under the authority of the 
section selected by such member. 
"(d)(1) A member of the armed forces described in subsection (b) 
may request voluntary appointment, enlistment, or transfer to a 
reserve component accompanied by this incentive, provided the 
member has completed 6 years of active service prior to the time 
this provision is enacted. 
"(2) The Secretary, in his discretion, may approve or disapprove a 
request according to the needs of the armed forces. 
"(3) After September 30, 1995, the Secretary may not approve a 
request. 
"(eXD The annual payment of the incentive shall equal 2.5 per-
cent of the monthly basic pay the member receives on the date 
appointed, enlisted, or transferred to the reserve component, multi-
plied by twelve and multiplied again by the member's years of 
service. The annual payment will be made for a period equal to the 
number of years that is equal to twice the number of years of service 
of the member. 
"(2) A member entitled to voluntary separation incentive pay-
ments who is also entitled to basic pay for active or reserve service, 
or compensation for inactive duty training, shall forfeit an amount 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1397 
of voluntary separation incentive payable for the same period that is 
equal to the total amount of basic pay, or compensation, received. 
"(3) A member who has received the voluntary separation incen-
tive and who qualifies for retired or retainer pay under this title 
shall have deducted from each payment of such retired or retainer 
pay so much of such pay as is based on the service for which he 
received the voluntary separation incentive until the total amount 
deducted equals the total amount of voluntary separation incentive 
received. 
"(4) A member who is receiving voluntary separation incentive 
payments shall not be deprived of this incentive by reason of 
entitlement to disability compensation under the laws administered 
by the Department of Veterans Affairs, but there shall be deducted 
from voluntary separation incentive payments an amount equal to 
the amount of any such disability compensation concurrently re-
ceived. Notwithstanding the preceding sentence, no deduction may 
be made from voluntary separation incentive payments for any 
disability compensation received because of an earlier period of 
active duty if the voluntary separation incentive is received because 
of discharge or release from a later period of active duty. 
"(5) The years of service of a member for purposes of this section 
shall be computed in accordance with section 1405 of this title. 
"(6) Years of service that form the basis of the payment under 
paragraph (5) may not be counted in computing eligibility for, or the 
amount of, annuities under title 5 or any other law providing 
annuities to Federal civilian employees. 
"(f) The member's right to incentive payments shall not be 
transferable, except that the member may designate beneficiaries to 
receive the payments in the event of the member's death. 
"(g) Subject to subsection (h), payments under this provision shall 
be paid from appropriations available to the Department of Defense. 
' (h)(1) There is established on the books of the Treasury a fund to 
be known as the 'Voluntary Separation Incentive Fund' (hereinafter 
in this subsection referred to as the 'Fund'). The Fund shall be 
administered by the Secretary of the Treasury. The Fund shall be 
used for the accumulation of funds in order to finance on an 
actuarially sound basis the liabilities of the Department of Defense 
under this section. 
"(2) There shall be deposited in the Fund the following, which 
shall constitute the assets of the Fund: 
"(A) Amounts paid into the Fund under paragraphs (5), (6), 
and (7). 
"(B) Any amount appropriated to the Fund. 
"(C) Any return on investment of the assets of the Fund. 
"(3) All voluntary separation incentive payments made after 
December 31, 1992, under this section shall be paid out of the Fund. 
To the extent provided in appropriation Acts, the assets of the Fund 
shall be available to pay voluntary separation incentives under this 
section. 
"(4) The Department of Defense Retirement Board of Actuaries 
(hereinafter in this subsection referred to as the 'Board') shall 
perform the same functions regarding the Fund, as provided in this 
subsection, as such Board performs regarding the Department of 
Defense Military Retirement Fund. 
"(5) Not later than January 1,1993, the Board shall determine the 
amount that is the present value, as of that date, of the future 
benefits payable under this section in the case of persons who are 
105 STAT. 1398 
PUBLIC LAW 102-190—DEC. 5, 1991 
separated pursuant to this section before that date. The amount so 
determined is the original unfunded liability of the Fund. The Board 
shall determine an appropriate amortization period and schedule for 
liquidation of the original unfunded liability. The Secretary shall 
make deposits to the Fund in accordance with that amortization 
schedule. 
"(6) For persons separated under this section on or after January 
1, 1993, the Secretary shall deposit in the Fund during the period 
beginning on that date and ending on September 30,1995— 
"(A) such sums as are necessary to pay the current liabilities 
under this section during such period; and 
"(B) the amount equal to the present value, as of September 
30, 1995, of the future benefits payable under this section, as 
determined by the Board. 
"(7)(A) For each fiscal year after fiscal year 1996, the Board 
shall— 
"(i) carry out an actuarial valuation of the Fund and deter-
mine any unfunded liability of the Fund which deposits under 
paragraphs (5) and (6) do not liquidate, taking into consideration 
any cumulative actuarial gain or loss to the Fund; 
"(ii) determine the period over which that unfunded liability 
should be liquidated; and 
"(iii) determine for the following fiscal year, the total amount, 
and the monthly amount, of the Department of Defense con-
tributions that must be made to the Fund during that fiscal 
year in order to fund the unfunded liabilities of the Fund over 
the applicable amortization periods. 
"(B) The Board shall carry out its responsibilities for each fiscal 
year in sufficient time for the amounts referred to in subparagraph 
(A)(iii) to be included in budget requests for that fiscal year. 
"(C) The Secretary of Defense shall pay into the Fund at the end 
of each month as the Department of Defense contribution to the 
Fund the amount necessary to liquidate unfunded liabilities of the 
Fund in accordance with the amortization schedules determined by 
the Board. 
"(8) Amounts paid into the Fund under this subsection shall be 
paid from funds available for the pay of members of the armed 
forces under the jurisdiction of the Secretary of each military 
department. 
"(9) The investment provisions of section 1467 of this title shall 
apply to the Voluntary Separation Incentive Fund. 
"(i) The Secretary of Defense may issue such regulations as may 
be necessary to carry out this section.". 
(2) The table of sections at the beginning of such chapter, as 
amended by section 661, is further amended by adding at the end 
the following: 
"1175. Voluntary separation incentive.". 
10 use 1175 
(b) Tax Treatment—Notwithstanding the Internal Revenue Code 
"°*^ 
of 1986 and any other provision of law, any voluntary separation 
incentive paid to a member of the Armed Forces under section 1175 
of title 10, United States Code (as added by subsection (a)), shall be 
includable in gross income for federal tax purposes only for the 
taxable year in which such incentive is paid to the participant or 
beneficiary of the member. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1399 
SEC. 663. REPORT ON PROGRAMS. 
10 USC 1174a 
Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report containing 
the Secretary's assessment of the effectiveness of the programs 
established under sections 1174a and 1175 of title 10, United States 
Code, as added by sections 661 and 662. 
SEC. 664. LIMITED AUTHORITY TO WAIVE END STRENGTHS. 
1
(
> USC 115 
(a) AUTHORITY.—The Secretary of Defense may increase the end 
strength authorized for an armed force for fiscal year 1992 under 
section 401(a) by a number not greater than 2 percent of that end 
strength if the Secretary determines that it is in the interest of the 
United States to do so in order to avoid the necessity of involuntar-
ily separating personnel of that armed force for the purpose of 
achieving that end strength. The authority in the preceding sen-
tence is in addition to the authority under section 115(cXl) of title 
10, United States Code. 
Ot)) FUNDING INCREASED PERSONNEL COSTS.—(1) To the extent pro-
vided in appropriation Acts, the Secretary may transfer amounts 
available to the Department of Defense as necessary to meet in-
creased personnel costs resulting from the exercise of the authority 
provided in subsection (a). 
(2) The transfer authority provided in paragraph (1) is in addition 
to any other transfer authority provided in this or any other Act. 
TITLE VII—HEALTH CARE PROVISIONS 
PART A—HEALTH CARE SERVICES 
SEC. 7
0
1
. 
ESTABLISHMENT 
OF 
SUPPLEMENTAL 
DENTAL 
BENEFITS 
PLANS 
FOR 
DEPENDENTS. 
(a) AUTHORITY TO ESTABLISH.—Subsection (aXD of section 1076a of 
title 10, United States Code, is amended— 
(1) by striking out "dental benefit plans" in the first sentence 
and inserting in lieu thereof "basic and supplemental dental 
benefits plans"; and 
(2) by adding at the end the following new sentence: "A 
member may not enroll in a supplemental dental benefits plan 
unless the member is also a member of a basic dental benefits 
plan.". 
O
t
>
) BENEFITS UNDER BASIC AND SUPPLEMENTAL DENTAL PLANS.— 
Subsection (d) of such section is amended to read as follows: 
"(d) BENEFITS AVAILABLE UNDER PLANS.—(1) A basic dental bene-
fits plan established under subsection (a) may provide only the 
following benefits: 
"(A) Diagnostic, oral examination, and preventative services 
and palliative emergency care. 
"(B) Basic restorative services of amalgam and composite 
restorations and stainless steel crowns for primary teeth, and 
dental appliance repairs. 
"(2) In addition to the benefits available under a basic dental 
benefits plan, a supplemental dental benefits plan established under 
subsection (a) may provide such dental care benefits as the Sec-
retary of Defense, after consultation with the other administering 
Secretaries, considers to be appropriate.". 
105 STAT. 1400 
PUBLIC LAW 102-190—DEC. 5, 1991 
(c) PREMIUM FOR SUPPLEMENTAL PLANS.—Subsection ft)) of such 
section is amended— 
(1) by inserting "PREMIUMS.—" after "(b)"; 
(2) in paragraph (1), by striking out "dental benefit plan" and 
inserting in lieu thereof "dental benefits plan"; 
(3) in paragraph (2), by striking out "a plan under this 
section" and inserting in lieu thereof "a basic dental benefits 
plan"; and 
(4) by adding at the end the following new paragraph: 
"(3) A member enrolled in a supplemental dental benefits plan 
shall pay a supplemental monthly premium of not more than $15 for 
the member and the family of the member. The supplemental 
monthly premium shall be in addition to the premium payable 
under paragraph (2) for the member's basic dental benefits plan.". 
(d) COPAYMENTS.—Subsection (e) of such section is amended to 
read as follows: 
"(e) COPAYMENTS.—(1) A member whose spouse or child receives 
care under a basic dental benefits plan shall— 
"(A) pay no charge for care described in subsection (d)(1)(A); 
and 
"(B) pay 20 percent of the charges for care described in 
subsection (d)(1)(B). 
"(2) A supplemental dental benefits plan may require a member 
enrolled in that plan to pay not more than 50 percent of the charges 
for orthodontic services, crowns, gold fillings, bridges, or complete or 
partial dentures that are received by the spouse or a child of the 
member, are covered by that plan, and are not covered by the 
member's basic dental benefits plan.". 
(e) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (a), by inserting "AUTHORITY TO ESTABUSH 
PLANS.—" after "(a)"; 
(2) in subsection (c), by inserting "DEDUCTION OF PREMIUM 
FROM BASIC PAY.—" after "(c)"; 
(3) in subsection (f), by inserting "TRANSFER OF MEMBER.—" 
after "(f)"; 
(4) in subsection (g), by inserting "AUTHORITY SUBJECT TO 
APPROPRIATIONS.—"; and 
(5) in subsection (h), by inserting "LIMITATIONS ON EXPENDI-
TURES.—" after "(h)". 
SEC. 702. HOSPICE CARE. 
(a) HOSPICE CARE FOR DEPENDENTS IN FACILITIES OF THE UNI-
FORMED SERVICES.—Section 1077 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
"(d)(1) Notwithstanding subsection (b)(1), hospice care may be 
provided under section 1076 of this title in facilities of the uniformed 
services to a terminally ill patient who chooses (pursuant to regula-
tions prescribed by the Secretary of Defense in consultation with the 
other administering Secretaries) to receive hospice care rather than 
continuing hospitalization or other health care services for treat-
ment of the patient's terminal illness. 
"(2) In this section, the term 'hospice care' means the items and 
services described in section 1861(dd) of the Social Security Act (42 
U.S.C. 1395x(dd)).". 
(b) HOSPICE CARE FOR DEPENDENTS UNDER CONTRACTS FOR MEDI-
CAL CARE.—(1) Subsection (a) of section 1079 of title 10, United 
States Code, is amended— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1401 
(A) in paragraph (13), by striking out "clause (4)" and insert-
ing in lieu thereof "paragraph (4)"; 
(B) by striking out "and" at the end of paragraph (14); 
(C) by striking out the period at the end of paragraph (15XD) 
and inserting in lieu thereof "; and"; and 
(D) by adding at the end the following new paragraph: 
"(16) hospice care may be provided only in the manner and 
under the conditions provided in section 1861(dd) of the Social 
Security Act (42 U.S.C. 1395x(dd)).". 
(2) Subsection (jX2XB) of such section is amended by inserting 
"hospice program (as defined in section 1861(ddX2) of the Social 
Security Act (42 U.S.C. 1395x(ddX2))," after "home health agency,". 
SEC. 703. BLOOD-LEAD LEVEL SCREENINGS OF DEPENDENT INFANTS OF 
MEMBERS OF THE UNIFORMED SERVICES. 
Section 1077(aX8) of title 10, United States Code, is amended by 
inserting before the period the following: ", including well-baby care 
that includes one screening of an infant for the level of lead in the 
blood of the infant". 
SEC. 704. EXPANSION OF CHAMPUS COVERAGE TO INCLUDE CERTAIN 
MEDICARE PARTICIPANTS. 
(a) EuGiBiUTY OF DISABLED PERSONS.—Section 1086 of title 10, 
United States Code, is amended by striking out subsection (d) and 
inserting in lieu thereof the following new subsection: 
"(dXD A person who is entitled to hospital insurance benefits 
under part A of title XVIII of the Social Security Act (42 U.S.C. 
1395c et seq.) is not eligible for health benefits under this section. 
"(2) The prohibition contained in paragraph (1) shall not apply in 
the case of a person referred to in subsection (c) who— 
"(A) is entitled to hospital insurance benefits under part A of 
title XVIII of the Social Security Act pursuant to subparagraph 
(A) or (C) of section 226(bX2) of such Act (42 U.S.C. 426(bX2)); 
"(B) is under 65 years of age; and 
"(C) is enrolled in the supplementary medical insurance pro-
gram under part B of such title (42 U.S.C. 1395j et seq.).". 
"(3) If a person described in paragraph (2) receives medical or 
dental care for which payment may be made under both title XVIII 
of the Social Security Act (42 U.S.C. 1395 et seq.) and a plan 
contracted for under subsection (a), the amount payable for that 
care under the plan may not exceed the difference between— 
"(A) the sum of any deductibles, coinsurance, and balance 
billing charges that would be imposed on the person if payment 
for that care were made solely under that title; and 
"(B) the sum of any deductibles, coinsurance, and balance 
billing charges that would be imposed on the person if payment 
for that care were made solely under the plan.'. 
(b) CONFORMING AMENDMENTS.—(1) Such section is further 
amended— 
(A) in subsection (c)— 
(i) by striking out "The following" and inserting in lieu 
thereof "Except as provided in subsection (d), the follow-
ing"; and 
(ii) by striking out the sentence following paragraph (3); 
and 
(B) in subsection (g), by striking out "Notwithstanding subsec-
tion (d) or any other provision of this chapter," and inserting in 
105 STAT. 1402 
PUBLIC LAW 102-190—DEC. 5, 1991 
10 use 1086 
note. 
Contracts. 
lieu thereof "Section 10790") of this title shall apply to a plan 
contracted for under this section, except that". 
(2) Section 1713(d) of title 38, United States Code, is amended by 
striking out "the second sentence of section 1086(c)" and inserting in 
lieu thereof "section 1086(dXl)". 
(c) APPUCATION OF AMENDMENTS.—Subsection (d) of section 1086 
of title 10, United States Code, as amended by this section, shall 
apply with respect to health care benefits or services received by a 
person described in such subsection on or after the date of enact-
ment of this Act. 
PART B—HEALTH CARE MANAGEMENT 
SEC. 711. MODIFICATION OF AREA RESTRICTION ON PROVISION OF 
NONEMERGENCY 
INPATIENT 
HOSPITAL 
CARE 
UNDER 
CHAMPUS. 
Section 1079(aX7) of title 10, United States Code, is amended by 
striking out "except that" and all that follows through the semi-
colon and inserting in lieu thereof the following: "except that— 
"(A) those services may be provided in any case in which 
another insurance plan or program provides primary coverage 
for those services; and 
"(B) the Secretary of Defense may WEiive the 40-mile radius 
restriction with regard to the provision of a particular service 
before October 1, 1993, if the Secretary determines that the use 
of a different geographical area restriction will result in a more 
cost-effective provision of the service;". 
SEC. 712. MANAGED HEALTH CARE NETWORKS. 
(a) AUTHORIZATION OF SUCH NETWORKS.—Section 1079 of title 10, 
United States Code, is amended by adding at the end the following 
new subsection: 
"(n) The Secretary of Defense may enter into contracts (or amend 
existing contracts) with fiscal intermediaries under which the 
intermediaries agree to organize and operate, directly or through 
subcontractors, managed health care networks for the provision of 
health care under this chapter. The managed health care networks 
shall include cost containment methods, such as utilization review 
and contracting for care on a discounted basis.". 
(b) DEUVERY OF HEALTH CARE SERVICES IN THE TIDEWATER REGION 
OF VIRGINIA.—(1) Using the authority provided in section 1092 of 
title 10, United States Code, and section 1079(n) of that title (as 
added by subsection (a)), the Secretary of Defense shall undertake a 
program to provide for the delivery of health care services to 
members of the Armed Forces serving on active duty and covered 
beneficiaries under chapter 55 of that title in the Tidewater region 
of Virginia. Such program shall— 
(A) incorporate the primary features of managed health care 
with cost containment initiatives, including utilization review, 
preadmission screening, establishment of provider networks, 
and contracting for care with civilian providers on a discounted 
basis; and 
(B) shall be based on the catchment area mangigement dem-
onstratipn projects required by section 731(a) of the National 
Defense Authorization Act for Fiscal Years 1988 and 1989 
(Public Law 100-180; 101 Stat. 1117). 
(2) The Secretary of Defense shall ensure that— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1403 
(A) the delivery of services under the program required by 
this subsection begins not later than September 30, 1992; and 
(B) all funds appropriated for the delivery of health care 
services in the Tidewater region of Virginia, including those 
funds appropriated for services provided in that region under 
sections 1079 and 1086 of title 10, United States Code, shall be 
allocated to the local manager of the program. 
SEC. 713. CLARIFICATION OF RESTRICTION ON CHAMPUS AS A SECOND-
ARY PAYER. 
Section 1079(j)(l) of title 10, United States Code, is amended by 
inserting ", or covered by," after "person enrolled in". 
SEC. 714. CLARIFICATION OF RIGHT OF THE UNITED STATES TO COLLECT 
FROM THIRD-PARTY PAYERS. 
Section 1095(i)(2) of title 10, United States Code, is amended by 
striking out "or no fault insurance". 
SEC. 715. STATEMENTS REGARDING THE NONAVAILABILITY OF HEALTH 
CARE. 
(a) CONSIDERATION OF AVAILABILITY OF CONTRACT CARE.—Chapter 
55 of title 10, United States Code, is amended by adding at the end 
the following new section: 
"§ 1105. Issuance of nonavailability of health care statements 
"In determining whether to issue a nonavailability of health care 
statement for any person entitled to health care in facilities of the 
uniformed services under this chapter, the commanding officer of 
such a facility may consider the availability of health care services 
for such person pursuant to any contract or agreement entered into 
under this chapter for the provision of health care services within 
the area served by that facility.". 
O
b
) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"1105. Issuance of nonavailability of health care statements.". 
SEC. 716. SUBMITTAL OF CLAIMS FOR PAYMENT FOR SERVICES UNDER 
CHAMPUS. 
(a) SUBMITTAL OF CLAIMS UNDER CHAMPUS.—(1) Chapter 55 of 
title 10, United States Code, is amended by adding after section 
1105, as added by section 715, the following new section: 
"§ 1106. Submittal of claims under CHAMPUS 
"(a) SUBMITTAL TO CLAIMS PROCESSING OFFICE.—Each provider of 
services under the Civilian Health and Medical Program of the 
Uniformed Services shall submit claims for pa5mient for such serv-
ices directly to the claims processing office designated pursuant to 
regulations prescribed under subsection O^). A claim for payment for 
services shall be submitted in a standard form (as prescribed in the 
regulations) not later than one year after the services are provided. 
"Ob) REGULATIONS.—The regulations required by subsection (a) 
shall be prescribed by the Secretary of Defense after consultation 
with the other administering Secretaries. 
"(c) WAIVER.—The Secretary of Defense may waive the require-
ments of subsection (a) if the Secretary determines that the waiver 
105 STAT. 1404 
PUBLIC LAW 102-190—DEC. 5, 1991 
is necessary in order to ensure adequate access for covered bene-
ficiaries to health care services under this chapter.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 1105, as added 
by section 715, the following new item: 
"1106. Submittal of claims under CHAMPUS.". 
10 use 1106 
(b) REGULATIONS.—The regulations required by section 1106 of 
"°*^® 
title 10, United States Code (as added by subsection (a)), shall be 
prescribed to take effect not later than 180 days after the date of the 
enactment of this Act. 
SEC. 717. REPEAL OF REQUIREMENT THAT ARMED FORCES HEALTH 
PROFESSIONS SCHOLARSHIPS BE TARGETED TOWARD CRITI-
CALLY NEEDED WARTIME SKILLS. 
Section 2124 of title 10, United States Code, is amended by strik-
ing out "except that—" and all that follows through the period and 
inserting in lieu thereof "except that the total number of persons so 
designated may not, at any time, exceed 6,000.". 
SEC. 718. LIMITATION ON REDUCTIONS IN NUMBER OF MEDICAL PERSON-
NEL OF THE DEPARTMENT OF DEFENSE. 
(a) REVISION OF EXISTING LIMITATION.—Section 711 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
10 use 115 
510; 104 Stat. 1582) is amended— 
"°^- 
(1) in subsection (a), by striking out "medical personnel 
below" and all that follows through "September 30, 1989," and 
inserting in lieu thereof "medical personnel of the Department 
of Defense below the baseline number"; 
(2) in subsection (aX2), by inserting "medical" after "mili-
tary"; and 
(3) by adding at the end of subsection (c) the following new 
paragraph: 
"(3) llie term 'baseline number' means the number equal to 
the sum of 12,510 and the number of medical personnel of the 
Department of Defense serving on September 30, 1989, exclud-
ing commissioned officers of the Navy.". 
10 use 115 
(b) MINIMUM NUMBER O F NAVY HEALTH PROFESSIONS OFFICERS.— 
"°**- 
Of the total number of officers authorized to be serving on active 
duty in the Navy on the last day of a fiscal year, 12,510 shall be 
available only for assignment to duties in health profession special-
ties. 
SEC. 719. EXTENSION OF DEADLINE FOR THE USE OF DIAGNOSIS-RE-
LATED GROUPS FOR OUTPATIENT TREATMENT. 
Section 724 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (103 Stat. 1478; 10 U.S.C. 1101 note) is amended 
by striking out "October 1, 1991" and inserting in lieu thereof 
"October 1,1993". 
SEC. 720. AUTHORIZATION FOR THE USE OF THE COMPOSITE HEALTH 
CARE SYSTEM AT A MILITARY MEDICAL FACILITY WHEN 
COST EFFECTIVE. 
Section 704(h) of the National Defense Authorization Act for 
Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3900), as added by 
section 717(cX2) of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1586), is amended by 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1405 
striking out paragraph (1) and inserting in lieu thereof the following 
new paragraph: 
"(1) The Secretary may authorize the use of the Composite Health 
Care System to provide information systems support in a military 
medical treatment facility that was not involved in the operational 
test and evaluation phase referred to in subsection 0?) on November 
5, 1990, if the Secretary certifies to the Committees on Armed 
Services of the Senate and House of Representatives that the use of 
the Composite Health Care System in that facility is the most cost-
effective method for providing automated operations at the facil-
ity.". 
SEC. 721. ADMINISTRATION OF THE MANAGED-CARE MODEL OF UNI- 42 USC 248c 
FORMED SERVICES TREATMENT FACILITIES. 
note. 
(a) DESIGNATION OF SATELLITE FACILITIES AS UNIFORMED SERVICES 
TREATMENT FACIUTIES.—(1) Subject to paragraph (3), the Secretary 
of Defense may designate a satellite facility described in paragraph 
(2) as a facility of the uniformed services for the purposes of chapter 
55 of title 10, United States Code. 
(2) A satellite facility referred to in paragraph (1) means a facility 
that— 
(A) is owned, operated, or staffed by a facility described in 
section 911(c) of the Military Construction Authorization Act, 
1982 (42 U.S.C. 248c(c)); and 
(B) pursuant to an agreement entered into with the Secretary 
of Defense, is authorized for a designated service area to provide 
medical and dental care for persons eligible to receive such care 
in facilities of the uniformed services under chapter 55 of title 
10, United States C!ode. 
(3) The authority of the Secretary of Defense under paragraph (1) 
shall take effect on the date on which the Secretary certifies to 
C!ongress that the managed-care delivery and reimbursement model 
required under section 718(c) of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) has 
been fully implemented. 
(b) TERMINATION OF DESIGNATION.—The designation of a satellite 
facility under subsection (a) may be terminated in accordance with 
the procedure provided under section 1252(e) of the Department of 
Defense Authorization Act, 1984 (42 U.S.C. 248d(e)). 
(c) REIMBURSEMENT FOR CARE.—A facility described in section 
911(c) of the Military (Construction Authorization Act, 1982 (42 
U.S.C. 248c(c)), may be reimbursed for medical and dental care 
provided by that facility or a satellite facility of that facility des-
ignated under subsection (a) to persons eligible to receive such care 
in facilities of the uniformed services under chapter 55 of title 10, 
United States Code. The reimbursement shall be made pursuant to 
an agreement with the Secretary of Defense as part of the managed-
care delivery and reimbursement model required under section 
718(c) of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 104 Stat. 1587). 
(d) PREEMPTION OF STATE AND LOCAL LAWS.—A law or regulation 
of a State or local government relating to health insurance or health 
maintenance organizations shall not apply to a Uniformed Services 
Treatment Facility that enters into an agreement with the Sec-
retary of Defense under section 718(c) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1587) to the extent that— 
105 STAT. 1406 
PUBLIC LAW 102-190—DEC. 5, 1991 
(1) the law or regulation is inconsistent with a specific provi-
sion of the agreement or a regulation prescribed by the Sec-
retary relating to the managed-care delivery and reimburse-
ment model; or 
(2) the Secretary determines that preemption of the law or 
regulation is necessary to implement or operate the managed-
care delivery and reimbursement model referred to in that 
section or to achieve some other Federal interest. 
10 use 1073 
SEC. 722. AUTHORIZATION FOR THE EXTENSION OF CHAMPUS REFORM 
note. 
INITIATIVE. 
(a) AUTHORITY.—Upon the termination (for any reason) of the 
contract of the Department of Defense in effect on the date of the 
enactment of this Act under the CHAMPUS reform initiative estab-
lished under section 702 of the National Defense Authorization Act 
for Fiscal Year 1987 (10 U.S.C. 1073 note), the Secretary of Defense 
may enter into a replacement or successor contract with the same or 
a different contractor and for such amount as may be determined in 
accordance with applicable procurement laws and regulations and 
without regard to any limitation (enacted before, on, or after the 
date of the enactment of this Act) on the availability of funds for 
that purpose. 
0)) TREATMENT OF LIMITATION ON FUNDS FOR PROGRAM.—No provi-
sion of law stated as a limitation on the availability of funds may be 
treated as constituting the extension of, or as requiring the exten-
sion of, any contract under the CHAMPUS reform initiative that 
would otherwise expire in accordance with its terms. 
PART C—MISCELLANEOUS 
SEC. 731. HEALTH CARE DEMONSTRATION PROJECT FOR THE AREA OF 
NEWPORT, RHODE ISLAND. 
(a) DEMONSTRATION PROJECT REQUIRED.—In order to control the 
cost of medical care, the Secretary of Defense shall undertake a 
demonstration project to provide for the delivery of inpatient medi-
cal services in the Newport, Rhode Island, area to members of the 
Armed Forces on active duty and covered beneficiaries under chap-
ter 55 of title 10, United States Code, bsised on an external partner-
ship agreement or agreements with civilian health care facilities 
and providers. To the maximum extent possible, the Secretary shall 
negotiate such agreements on a discounted basis at rates less than 
those prescribed for diagnosis related-groups. 
(b) WAIVER OF CHAMPUS COPAYMENT.—(1) In order to encourage 
participation by covered beneficiaries in the demonstration project 
required by this section, the Secretary of Defense may permit a 
health care facility or provider participating in the project to reduce 
or waive the cost-sharing requirements of sections 1079 and 1086 of 
title 10, United States Code, if the Secretary determines that it is 
cost-effective to permit such reduction or waiver. 
(2) If a health care facility or provider participating in this 
demonstration project reduces or waives cost-sharing requirements 
for health care services, the Secretary of Defense may require the 
facility or provider to certify that the amount charged to the Federal 
Government for such health care was not increased above the 
amount that the facility or provider would have charged the Federal 
(Government for such health care had the payment not been reduced 
or waived. The Secretary of Defense may further require a health 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1407 
care facility or provider to provide information to the Secretary to 
show the compliance of the facility or provider with this paragraph. 
(c) 
NEGOTIATIONS 
REGARDING 
WAIVER 
OF 
MEDICARE 
CoPAYMENTS.—The Secretary of Defense shall initiate negotiations 
with the Secretary of Health and Human Services for the purpose of 
reaching an agreement under which the Secretary of Health and 
Human Services would permit a waiver of the deductible and 
copayment under medicare program for covered beneficiaries in the 
demonstration project required by this section on the same basis as 
the waiver permitted by the Secretary of Defense. 
SEC. 732. DEPENDENCY STATUS OF A MINOR IN THE CUSTODY OF A NON-
PARENT MEMBER OR FORMER MEMBER OF THE ARMED 
FORCES. 
(a) FINDINGS.—Congress finds the following: 
(1) Members and former members of the Armed Forces, for 
good and humanitarian reasons or because of a deep sense of 
familial responsibility, are taking legal custody of minors 
(including minors related to a member or former member by 
blood or adoption) who are neglected, abandoned, abused, or 
orphaned children. 
(2) Under current law, unless a minor referred to in para-
graph (1) is also adopted by a member or former member of the 
Armed Forces, the minor is not considered a dependent of the 
member or former member for purposes of eligibility for care in 
the military medical health care system under chapter 55 of 
title 10, United States Code, or allowances under chapter 7 of 
title 37, United States Code. A compelling reason for the reluc-
tance of many members and former members to adopt minors 
referred to in paragraph (1) is the fact that they are already 
related by blood or adoption. 
OJ) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) creative solutions should be found to enable a member or 
former member of the Armed Forces who is eligible for military 
health care to obtain care in the military medical health care 
system for a minor who is in the legal custody of the member or 
former member, especially when the minor is related by blood 
or adoption to the member or former member; and 
(2) the Secretaries of the military departments, in exercising 
their authority to grant designee status to a minor to receive 
health care at military treatment facilities, should give special 
attention and consideration to those cases involving a minor 
who is related by blood or adoption to a member or former 
member of the Armed Forces and is in the legal custody of the 
member or former member. 
(c) REPORT.—(1) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit a 
report to Congress analyzing the desirability, feasibility, and cost 
implications of implementing a permanent change to the definition 
of dependent for purposes of eligibility for care in the military 
medical health care system under chapter 55 of title 10, United 
States Code, and allowances under chapter 7 of title 37, United 
States Code, to include minors who are in the legal custody of, and 
related by blood or adoption to, a member or former member of the 
Armed Forces and are not currently included in such definition. 
(2) The report required by this section shall also include data 
covering the preceding five-year period to indicate the manner in 
105 STAT. 1408 
PUBLIC LAW 102-190—DEC. 5, 1991 
which the Secretaries of the military departments have handled 
requests for designee status for minors who are in the legal custody 
of a member or former member of the Armed Forces, including 
minors related by blood or adoption to a member or former member, 
and are otherwise ineligible for health care in the military medical 
health care system. Such data shall include— 
(A) the total number of requests for designee status involving 
these minors during that period; 
(B) the total number of these minors given designee status 
during that period; and 
(C) the average distance and range of distances that the 
minors given designee status must travel for medical and dental 
care in the military medical health care system. 
(3) The report required by this section shall also include an 
assessment by the Secretary of Defense of the necessity, desirability, 
and cost implications of designating as dependents for purposes of 
eligibility for care in the military medical health care system under 
chapter 55 of title 10, United States Code, and allowances under 
chapter 7 of title 37, United States Code, unmarried persons who— 
(A) are in the legal custody of members or former members of 
the Armed Forces; 
(B) are not considered the dependents of a member or former 
member for purposes of eligibility to obtain care in the military 
medical health care system or allowances under chapter 7 of 
title 37, United States Code; 
(C) are dependent on the member for half of their support; 
and 
(D) are under 21 years of age, incapable of self support 
because of disability, or under 23 years of age and enrolled in a 
full-time course of study in an institution of higher education. 
(4) The assessment required by paragraph (3) shall include an 
estimate of the number of persons referred to in that paragraph who 
potentially could be granted dependent status as a result of the 
change considered in that assessment and the costs of making that 
change. 
10 use 1071 
SEC. 733. COMPREHENSIVE STUDY OF THE MILITARY MEDICAL CARE 
note. 
SYSTEM. 
(a) REQUIREMENT FOR STUDY AND REPORT.—The Secretary of De-
fense shall conduct a comprehensive study of the military medical 
care system. Not later than December 15, 1992, the Secretary shall 
submit to the congressional defense committees a detailed account-
ing on the progress of the study, including preliminary results of the 
study. Not later than December 15, 1993, the Secretary shall submit 
to the congressional defense committees a final report on the study. 
(b) ELEMENTS OF STUDY.—The Secretary of Defense shall include 
as part of the study required by subsection (a) the following: 
(1) A systematic review of the military medical care system 
required to support the Armed Forces during a war or other 
conflict and any adjustments to that system required to provide 
cost-effective health care in peacetime to covered beneficiaries. 
(2) A comprehensive review of the existing methods of provid-
ing health and dental care through civilian health and dental 
care programs that are available as alternatives to the methods 
for providing such care through the existing military medical 
care system, including the cost and quality results of experi-
mental use of such alternative methods by the Secretary and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1409 
the level of satisfaction of the persons who have received health 
or dental care under such alternative methods. 
(c) SURVEY.—The study required by subsection (a) shall also in-
clude a survey of members of the Armed Forces gmd covered bene-
ficiaries in order to— 
(1) determine their access to and use of inpatient and out-
patient health care services in the military medical care 
system— 
(A) by source of care and source of payment, including 
private sector health insurance; and 
(B) in relation to civilian sector standards established for 
particular clinical services; and 
(2) determine their attitudes and the extent of their knowl-
edge regarding— 
(A) the quality and availability of health and dental care 
under the military medical care system; 
(B) their freedom of choice with respect to health care 
providers and level of health care benefits; 
(C) the premiums, fees, copayments, and other charges 
imposed under the military medical care system; and 
(D) any changes in the rules, regulations or charges that 
characterize the military medical care system. 
(d) CONTENT OF REPORT.—The report required by subsection (a) 
shall include with respect to the systematic review of the military 
medical care system required under subsection O^XD the following: 
(1) For each of the fiscal years 1993 through 1997 and over a 
longer range periods of 10 years and 15 years, the numbers, 
types, and geographic distribution of active duty and civilian 
personnel and fixed military treatment facilities needed to 
support the Armed Forces during a war or other conflict if such 
a war or conflict occurred during such fiscal years and each 
such period, respectively. 
(2) An analysis of adjustments to the military medical care 
system that may be needed to provide cost-effective care in 
peacetime to covered beneficiaries, including in the analysis of 
cost-effectiveness the following: 
(A) The various methods available for providing health 
and dental care to covered beneficiaries (including provid-
ing such care through Medicare risk contractors) that exist 
as alternatives to the existing methods of providing such 
care to covered beneficiaries under the military medical 
care system. 
(B) The full range of marginal costs associated with 
providing different clinical services directly in military 
treatment facilities and a comparison of the costs of provid-
ing such care in facilities of the uniformed services with the 
costs of providing such care pursuant to regional indemnity 
contract plans and health maintenance organization con-
tract plans. 
(C) Any plans of the Secretary of Defense to increase or 
reduce premiums, fees, copayments, or other charges, and 
the likely responsiveness of beneficiaries to such changes, 
including the "trade-off factors displayed when covered 
beneficiaries choose between direct military care and care 
provided in the civilian sector. 
(D) Any differences in providing care between covered 
beneficiaries who live within 40 miles of military treatment 
105 STAT. 1410 
PUBLIC LAW 102-190—DEC. 5, 1991 
facilities and covered beneficiaries who live outside such 
catchment areas. 
(3) An evaluation of the use by covered beneficiaries of in-
patient and outpatient health care services, stated in terms of 
use per member and variations in that per member use by 
armed force, clinical service, and geographic areas, and a 
comparison of that use with utilization in civilian indemnity 
plans. Blue Cross and Blue Shield plans, health maintenance 
organizations, and with utilization guidelines prepared by the 
medical community, in order to— 
(A) identify any systematic problems in either the over-
use or underuse of health care services by beneficiaries of 
the military medical care system or any excesses or defi-
ciencies in the availability of health and dental care serv-
ices in facilities of the uniformed services; 
(B) analyze the relationship between the demand for 
health care and the availability of military medical re-
sources; and 
(C) plan new methods for influencing or managing peace-
time use of health care services, including redesigned budg-
etary and financial incentives and programs of utilization 
review. 
(4) The costs of the present system during fiscal year 1992 and 
the projected costs of a reconfigured system during each of the 
fiscal years and periods referred to in paragraph (1). 
(5) An evaluation of the quality and availability of preventive 
health and dental care. 
(6) An evaluation of the adequacy of existing regulations to 
ensure that the existing and future availability of appropriate 
health care for disabled active and reserve members of the 
Armed Forces is adequate. 
(7) An assessment of the quality and availability of mental 
health services for members of the Armed Forces and their 
dependents, including a comparison of services available in 
various demonstration sites. 
(8) An assessment of the qualifications of the personnel in-
volved in the Department of Defense review of the utilization of 
mental health benefits provided under the Civilian Health and 
Medical Program of the Uniformed Services. 
(9) An evaluation of the efficacy of the actions taken by the 
Secretary to ensure that individuals carr3dng out medical or 
financial evaluations under the system make such disclosures of 
personal financial matters as are necessary to ensure that 
financial considerations do not improperly affect such evalua-
tions. 
(10) An evaluation of the adequacy of the existing appeals 
process and of existing procedures to ensure the protection of 
patient rights. 
(11) The optimal military and Department of Defense civilian 
staffing plan for the next five years to achieve the most cost-
effective delivery of health care services to the beneficiary 
population and a strategy to achieve that goal in light of 
reductions in military spending and the size of the Armed 
Forces. 
(12) Any other information related to the review required by 
subsection OJXD that the Secretary determines to be appro-
priate. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1411 
(e) ADDITIONAL ITEMS OF REPORTS.—The report required by subsec-
tion (a) shall also include the following: 
(1) The results of the survey conducted pursuant to subsection 
(0. 
(2) The results of the review conducted pursuant to subsection 
(bX2). 
(3) A description of any plans of the Secretary of Defense to 
use any alternative methods to the existing military medical 
care system to ensure that suitable health and dental care is 
available to covered beneficiaries. 
(4) A proposal for purchasing health care for covered bene-
ficiaries through private-sector managed care programs, to-
gether with a discussion of the cost-effectiveness and practical-
ity of doing so within the military medical care system. 
(5) Any other information that the Secretary determines to be 
appropriate. 
(f) DEFINITIONS.—For purposes of this section: 
(1) The term "military medical care system" means the pro-
gram of medical and dental care provided for under chapter 55 
of title 10, United States Code. 
(2) The term "covered beneficiaries" means the beneficiaries 
under chapter 55 of title 10, United States Code, other than the 
beneficiaries under section 1074(a) of such title. 
SEC. 734. REGISTRY OF MEMBERS OF THE ARMED FORCES EXPOSED TO 
10 USC 1074 
FUMES OF BURNING OIL IN CONNECTION WITH OPERATION note. 
DESERT STORM. 
(a) ESTABUSHMENT OF REGISTRY.—The Secretary of Defense shall 
establish and maintain a special record relating to members of the 
Armed Forces who, as determined by the Secretary, were exposed to 
the fumes of burning oil in the Operation Desert Storm theater of 
operations during the Persian Gulf conflict. The Secretary shall 
establish the Registry with the advice of an independent scientific 
organization. 
03) CONTENTS OF REGISTRY.—The Registry shall include— 
(1) a list containing the name of each member referred to in 
subsection (a); and 
(2) a description of the circumstances of each exposure of that 
member to the fumes of burning oil as described in subsection 
(a), including the length of time of the exposure. 
(c) REPORTING REQUIREMENT RELATING TO EXPOSURE STUDIES.— 
The Secretary shall submit to Congress each year, at or about the 
time that the President's budget is submitted that year under 
section 1105 of title 31, United States Code, a report regarding— 
(1) the results of all on-going studies on the members referred 
to in subsection (a) to determine the health consequences 
(including any short- or long-term consequences) of the exposure 
of such members to the fumes of burning oil; and 
(2) the need for additional studies relating to the exposure of 
such members to such fumes. 
(d) MEDICAL EXAMINATION.—Upon the request of any member 
listed in the Registry, the Secretary of the military department 
concerned shall, if medically appropriate, furnish a pulmonary func-
tion examination and chest x-ray to such person. 
(e) EFFECTIVE DATE.—The Secretary shall establish the Registry 
not later than 180 days after the date of the enactment of this Act. 
(f) DEFINITIONS.—For purposes of this section: 
105 STAT. 1412 
PUBLIC LAW 102-190—DEC. 5, 1991 
(1) The term "Operation Desert Storm" has the meaning 
given such term in section 3(1) of the Persian Gulf Conflict 
Supplemental Authorization and Personnel Benefits Act of 1991 
(Public Law 102-25; 105 Stat. 77; 10 U.S.C. 101 note). 
(2) The term "Persian Gulf conflict" has the meaning given 
such term in section 3(3) of such Act. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION 
MANAGEMENT, AND RELATED MATTERS 
PART A—ACQUISITION PROCESS 
SEC. 801. REPEAL OF MANPOWER ESTIMATES REPORTING REQUIRE-
MENT. 
(a) REPEAL.—Section 2434 of title 10, United States C!ode, is 
Eunended by striking out "unless—" in subsection (a) and all that 
follows in that subsection and inserting in lieu thereof the following: 
"unless an independent estimate of the cost of the program, together 
with a manpower estimate, has been considered by the Secretary.". 
(b) CONFORMING AMENDMENTS.—(1) Section 2434 of such title is 
further amended— 
(A) by striking out subsection (b); and 
(B) by redesignating subsection (c) as subsection (b). 
(2) Section 2432 of such title is amended in subsection (a)(4) by 
striking out "2434(cX2)" and inserting in lieu thereof "2434a)X2)'\ 
SEC. 802. PAYMENT OF COSTS OF CONTRACTORS FOR INDEPENDENT RE-
SEARCH AND DEVELOPMENT AND FOR BIDS AND PROPOSALS. 
(a) IN GENERAL.—(1) Section 2372 of title 10, United States Code, is 
amended to read as follows: 
"§ 2372. Independent research and development and bid and pro-
posal costs: payments to contractors 
"(a) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations governing the payment, by the Department of Defense, of 
expenses incurred by contractors for independent research and 
development and bid and proposal costs. 
"(b) COSTS ALLOWABLE AS INDIRECT EXPENSES.—The regulations 
prescribed pursuant to subsection (a) shall provide that independent 
research and development and bid and proposal costs shall be 
allowable as indirect expenses on covered contracts to the extent 
that those costs are allocable, reasonable, and not otherwise un-
allowable by law or under the Federal Acquisition Regulation. 
"(c) ADDITIONAL CONTROLS.—Subject to subsection (f), the regula-
tions prescribed pursuant to subsection (a) may include the follow-
ing provisions: 
"(1) A limitation on the allowability of independent research 
and development and bid and proposal costs to work which the 
Secretary of Defense determines is of potential interest to the 
Department of Defense. 
(2) For each of fiscal years 1993 through 1995, a limitation in 
the case of major contractors that the total amount of the 
independent research and development and bid and proposal 
costs that are allowable as expenses of the contractor's covered 
segments may not exceed the contractor's adjusted maximum 
reimbursement amount. 
"(3) Implementation of regular methods for transmission— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1413 
"(A) from the Department of Defense to contractors, in a 
reasonable manner, of timely and comprehensive informa-
tion regarding planned or expected Department of Defense 
future needs; and 
"(B) from contractors to the Department of Defense, in a 
reasonable manner, of information regarding progress by 
the contractor on the contractor's independent research 
and development programs. 
"(d) ADJUSTED MAXIMUM REIMBURSEMENT AMOUNT.—For pur-
poses of subsection (cX2), the adjusted maximum reimbursement 
amount for a major contractor for a fiscal year is the sum of^ 
"(1) the total amount of the allowable independent research 
and development and bid and proposal costs incurred by the 
contractor during the preceding fiscal year; 
"(2) 5 percent of the amount referred to in pareigraph (1); and 
"(3) if the projected total amount of the independent research 
and development and bid and proposal costs incurred by the 
contractor for such fiscal year is greater thgin the total amount 
of the independent research and development and bid and 
proposal costs incurred by the contractor for the preceding 
fiscal year, the amount that is determined by multiplying the 
amount referred to in paragraph (1) by the lesser o
f
— 
"(A) the percentage by which the projected total amount 
of such incurred costs for such ^ c a l year exceeds the total 
amount of the incurred costs of the contractor for the 
preceding fiscal year; or 
"(B) the estimated percentage rate of inflation from the 
end of the preceding fiscal year to the end of the fiscal year 
for which the amount of the limitation is being computed. 
"(e) WAIVER OF ADJUSTED MAXIMUM REIMBURSEMENT AMOUNT.— 
The Secretary of Defense may waive the applicability of any limita-
tion prescribed under subsection (cX2) to any contractor for a fiscal 
year to the extent that the Secretary determines that allowing the 
contractor to exceed the contractor's adjusted maximum reimburse-
ment amount for such year— 
"(1) is necessary to reimburse such contractor at least to the 
extent that would have been allowed under regulations as in 
effect on the day before the date of the enactment of the 
National Defense Authorization Act for Fiscal Years 1992 and 
1993; or 
"(2) is otherwise in the best interest of the Government. 
"(f) LIMITATIONS ON REGULATIONS.—Regulations prescribed pursu-
ant to subsection (c) may not include provisions that would infringe 
on the independence of a contractor to choose which technologies to 
pursue in its independent research and development program. 
"(g) ENCOURAGEMENT OF CERTAIN CONTRACTOR ACTIVITIES.—The 
regulations under subsection (a) shall encourage contractors to 
engage in research and development activities of potential interest 
to the Department of Defense, including activities intended to 
accomplish any of the following: 
"(1) Enabling superior performance of future United States 
weapon systems and components. 
"(2) Reducing acquisition costs and life-cycle costs of military 
systems. 
"(3) Strengthening the defense industrial base and the tech-
nology base of the United States. 
105 STAT. 1414 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(4) Enhancing the industrial competitiveness of the United 
States. 
"(5) Promoting the development of technologies identified as 
critical under section 2522 of this title. 
"(6) Increasing the development and promotion of efficient 
and effective applications of dual-use technologies. 
"(7) Providing efficient and effective technologies for achiev-
ing such environmental benefits as improved environmental 
data gathering, environmental cleanup and restoration, pollu-
tion reduction in manufacturing, environmental conservation, 
and environmentally safe management of facilities. 
"(h) MAJOR CONTRACTORS.—A contractor shall be considered to be 
a major contractor for the purposes of subsection (c) for any fiscal 
year if for the preceding fiscal year the contractor's covered seg-
ments allocated to Department of Defense contracts a total of more 
than $10,000,000 in independent research and development and bid 
and proposal costs. 
"(i) DEFINITIONS.—In this section: 
"(1) COVERED CONTRACT.—The term 'covered contract' has the 
meaning given that term in section 2324(m) of this title. 
"(2) COVERED SEGMENT.—The term 'covered segment', with 
respect to a contractor, means a product division of the contrac-
tor that Eillocated more than $1,000,000 in independent research 
and development and bid and proposal costs to Department of 
Defense contracts during the preceding fiscal year. In the case 
of a contractor that has no product divisions, such term means 
the contractor as a whole.". 
(2) The item relating to section 2372 in the table of sections at the 
beginning of chapter 139 of such title is amended to read as follows: 
"2372. Independent research and development and bid and proposal costs: payments 
to contractors.". 
10 use 2372 
(b) IMPLEMENTING REGULATIONS.—The Secretary of Defense shall 
^°^^- 
prescribe proposed regulations to implement the amendment made 
by subsection (aXD not later than April 1, 1992, and shall prescribe 
final regulations for that purpose not later than June 1, 1992. 
10 use 2372 
(c) OTA STUDY.—The Director of the Office of Technology Assess-
"ot^ 
ment shall conduct a study to determine the effect of the regulations 
prescribed under section 2372 of title 10, United States Code (as 
amended by subsection (a)), on the achievement of the policy stated 
in subsection (g) of that section. Not later than December 1, 1995, 
the Director shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report containing the 
results of the study. 
(d) INTEGRATED FINANCING POUCY.—Section 2330 of title 10, 
United States Code, is amended by inserting at the end of subsection 
(aX2) the following: 
"(D) Policies relating to reimbursement of independent re-
search and development and bid and proposal costs.'. 
(e) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on October 1, 1992, and shall apply to independent 
research and development and bid and proposal costs incurred by a 
contractor during fiscal years of that contractor that begin on or 
after that date. 
SEC. 
8
0
3
. 
RESEARCH 
AND 
DEVELOPMENT 
CONTRACTS. 
(a) REPORTING REQUIREMENT.—(1) Section 2352 of title 10, United 
States Code, is amended to read as follows: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1415 
"§ 2352. Contracts: notice to Congress required for contracts per-
formed over period exceeding 10 years 
"(a) REQUIREMENT.—The Secretary of a military department shall 
submit to Congress a notice described in subsection (b) with respect 
to a contract of that military department for services for research or 
development in any case in which— 
"(1) the contract is awarded or modified, and the contract is 
expected, at the time of the award or as a result of the modifica-
tion (as the case may be), to be performed over a period exceed-
ing 10 years from the date of initial award of the contract; or 
"(2) the performance of the contract continues for a period 
exceeding 10 years, and no notice of the type described in 
subsection 0^) has otherwise been provided to Congress. 
"Q}) NOTICE.—The notice required under subsection (a) is a 
notice— 
(1) identifying the contract; 
(2) stating the date on which initial award of the contract 
occurred; and 
(3) stating the period of time over which performance of the 
contract is expected to occur. 
"(c) TIME OF SUBMISSION OF NOTICE.—The notice required under 
subsection (a) shall be submitted not later than 30 days after— 
"(1) the date of award or modification of the contract, in the 
case of a contract described in subsection (a)(1); and 
"(2) the date on which performance of the contract exceeds 10 
years, in the case of a contract described in subsection (a)(2).". 
(2) The item relating to section 2352 in the table of sections at the 
beginning of chapter 139 of such title is amended to read as follows: 
"2352. Contracts: notice to Congress required for contracts performed over period ex-
ceeding 10 years.". 
Ob) EFFECTIVE DATE.—The amendments made by subsection (a) 
10USC2352 
shall take effect as of October 31,1991. 
"«*« 
SEC. 804. CLARIFICATION OF REVISED THRESHOLDS FOR CONTRACTOR 
CERTIFICATION OF COST OR PRICING DATA. 
(a) CLARIFICATION.—Paragraph (1) of section 2306a(a) of title 10, 
United States Code, is amended to read as follows: 
"(1) The head of an agency shall require offerors, contractors, and 
subcontractors to make cost or pricing data available as follows: 
"(A) An offeror for a prime contract under this chapter to be 
entered into using procedures other than sealed-bid procedures 
shall be required to submit cost or pricing data before the award 
of a contract i
f
— 
"(i) in the case of a prime contract entered into after 
December 5, 1990, and before January 1, 1996, the price of 
the contract to the United States is expected to exceed 
$500,000; and 
"(ii) in the case of a prime contract entered into on or 
before December 5, 1990, or after December 31, 1995, the 
price of the contract to the United States is expected to 
exceed $100,000. 
"(B) The contractor for a prime contract under this chapter 
shall be required to submit cost or pricing data before the 
pricing of a change or modification to the contract if— 
105 STAT. 1416 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(i) in the case of a change or modification made to a 
prime contract referred to in subparagraph (A)(i), the price 
adjustment is expected to exceed $500,000; 
"(ii) in the case of a change or modification made after 
December 5, 1991, to a prime contract that was entered into 
on or before December 5, 1990, and that has been modified 
pursuant to paragraph (6), the price adjustment is expected 
to exceed $500,000; and 
"(iii) in the case of a change or modification not covered 
by clause (i) or (ii), the price adjustment is expected to 
exceed $100,000. 
"(C) An offeror for a subcontract (at any tier) of a contract 
under this chapter shall be required to submit cost or pricing 
data before the award of the subcontract if the prime contractor 
and each higher-tier subcontractor have been required to make 
available cost or pricing data under this section and— 
"(i) in the case of a subcontract under a prime contract 
referred to in subparagraph (A)(i), the price of the sub-
contract is expected to exceed $500,000; 
"(ii) in the case of a subcontract entered into after Decem-
ber 5, 1991, under a prime contract that was entered into on 
or before December 5, 1990, and that has been modified 
pursuant to paragraph (6), the price of the subcontract is 
expected to exceed $500,00(); and 
"(iii) in the case of a subcontract not covered by clause (i) 
or (ii), the price of the subcontract is expected to exceed 
$100,000. 
"(D) The subcontractor for a subcontract covered by subpara-
graph (C) shall be required to submit cost or pricing data before 
the pricing of a change or modification to the subcontract i
f
— 
"(i) in the case of a change or modification to a sub-
contract referred to in subparagraph (C)(i) or (C)(ii), the 
price adjustment is expected to exceed $500,000; and 
"(ii) in the case of a change or modification to a sub-
contract referred to in subparagraph (C)(iii), the price 
adjustment is expected to exceed $100,000.". 
(b) MODIFICATIONS TO CONTRACTS.—Section 2306a(a) is further 
amended by adding at the end the following new paragraph: 
"(6)(A) Upon the request of a contractor that was required to 
submit cost or pricing data under paragraph (1) in connection with a 
prime contract entered into on or before December 5, 1990, the head 
of the agency that entered into such contract shall modify the 
contract to reflect subparagraphs (B)(ii) and (CXii) of paragraph (1). 
All such modifications shall be made without requiring consider-
ation. 
"(B) The head of an agency is not required to modify a contract 
under subparagraph (A) if that head of an agency determines that 
the submission of cost or pricing data with respect to that contract 
should be required under subsection (c).". 
(c) CONFORMING AMENDMENT AND REPEAL.—(1) Paragraph (5) of 
section 2306a(a) is amended by striking out "paragraph (l)(C)(ii)" 
and inserting in lieu thereof "paragraph (1)(C)". 
(2) Paragraph (2) of section 803(a) of Public Law 101-510 (as 
10 use 2306a 
amended by section 704(a)(4) of Public Law 102-25) is hereby re-
note, 
pealed. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1417 
SEC. 805. PROCUREMENT FLEXIBILITY FOR SMALL PURCHASES DURING 
CONTINGENCY OPERATIONS. 
Section 2302(7) of title 10, United States Code, is amended by 
inserting before the period the following: ", except that, in the case 
of any contract to be awarded and performed, or purchase to be 
made, outside the United States in support of a contingency oper-
ation, the term means $100,000". 
SEC. 806. PAYMENT PROTECTIONS FOR SUBCONTRACTORS AND SUPPLI- 10 USC 2;?()1 
ERS. 
note. 
(a) REGULATIONS.—The Secretary of Defense shall prescribe in 
regulations the following requirements: 
(1) INFORMATION PROVIDED BY DEPARTMENT OF DEFENSE RELAT-
ING TO PAYMENT.—(A) Subject to section 5520))(1) of title 5, 
United States Code, upon the request of a subcontractor or 
supplier of a contractor performing a Department of Defense 
contract, the Department of Defense shall promptly make avail-
able to such subcontractor or supplier the following informa-
tion: 
(i) Whether requests for progress payments or other pay-
ments have been submitted by the contractor to the Depart-
ment of Defense in connection with that contract. 
(ii) Whether final payment to the contractor has been 
made by the Department of Defense in connection with that 
contract. 
(B) This paragraph shall apply with respect to any Depart-
ment of Defense contract that is in effect on the date which is 
270 days after the date of enactment of this Act or that is 
awarded after such date. 
(2) INFORMATION PROVIDED BY DEPARTMENT OF DEFENSE RELAT-
ING TO PAYMENT BONDS.—(A) Upon the request of a subcontrac-
tor or supplier described in subparagraph (B), the Department 
of Defense shall promptly make available to such subcontractor 
or supplier any of the following: 
(i) The name and address of the surety or sureties on the 
payment bond, 
(ii) The penal amount of the payment bond, 
(iii) A copy of the payment bond. 
(B) Subparagraph (A) applies to— 
(i) a subcontractor or supplier having a subcontract, pur-
chase order, or other agreement to furnish labor or mate-
rial for the performance of a Department of Defense con-
tract with respect to which a payment bond has been 
furnished to the United States pursuant to the Miller Act; 
and 
(ii) a prospective subcontractor or supplier offering to 
furnish labor or material for the performance of such a 
Department of Defense contract. 
(C) With respect to the information referred to in subpara-
graphs (AXi) and (A)(ii), the regulations shall include authority 
for such information to be provided verbally to the subcontrac-
tor or supplier. 
(D) With respect to the information referred to in subpara-
graph (A)(iii), the regulations may impose reasonable fees to 
cover the cost of copying and providing requested bonds. 
(E) This paragraph shall apply with respect to any Depart-
ment of Defense contract covered by the Miller Act that is in 
105 STAT. 1418 
PUBLIC LAW 102-190—DEC. 5, 1991 
effect on the date which is 270 days after the date of enactment 
of this Act or that is awarded after such date. 
(3) INFORMATION PROVIDED BY CONTRACTORS RELATING TO PAY-
MENT BONDS.—(A) Upon the request of a prospective subcontrac-
tor or supplier offering to furnish labor or material for the 
performance of a Department of Defense contract with respect 
to which a payment bond has been furnished to the United 
States pursuant to the Miller Act, the contractor shall promptly 
make available to such prospective subcontractor or supplier a 
copy of the payment bond. 
(B) This paragraph shall apply with respect to any Depart-
ment of Defense contract covered by the Miller Act for which a 
solicitation is issued after the expiration of the 60-day period 
beginning on the effective date of the regulations promulgated 
under this subsection. 
(4) 
PROCEDURES RELATING TO COMPLIANCE WITH PAYMENT 
TERMS.—(A) Under procedures established in the regulations, 
upon the assertion by a subcontractor or supplier of a contractor 
performing a Department of Defense contract that the sub-
contractor or supplier has not been paid by the prime contractor 
in accordance with the payment terms of the subcontract, pur-
chase order, or other agreement with the prime contractor, the 
contracting officer may determine the following: 
(i) With respect to a construction contract, whether the 
contractor has made progress payments to the subcontrac-
tor or supplier in compliance with chapter 39 of title 31, 
United States Code. 
(ii) With respect to a contract other than a construction 
contract, whether the contractor has made progress or 
other pa5rments to the subcontractor or supplier in compli-
ance with the terms of the subcontract, purchase order, or 
other agreement with the prime contractor. 
(iii) With respect to either a construction contract or a 
contract other than a construction contract, whether the 
contractor has made final payment to the subcontractor or 
supplier in compliance with the terms of the subcontract, 
purchase order, or other agreement with the prime contrac-
tor. 
(iv) With respect to either a construction contract or a 
contract other than a construction contract, whether any 
certification of payment of the subcontractor or supplier 
accompanying the contractor's payment request to the 
Government is accurate. 
(B) If the contracting officer determines that the prime con-
tractor is not in compliance with any matter referred to in 
clause (i), (ii), or (iii) of subparagraph (A), the contracting officer 
may, under procedures established in the regulations— 
(i) encourage the prime contractor to make timely pay-
ment to the subcontractor or supplier; or 
(ii) reduce or suspend progress payments with respect to 
amounts due to the prime contractor. 
(C) If the contracting officer determines that a certification 
referred to in clause (iv) of subparagraph (A) is inaccurate in 
any material respect, the contracting officer shall, under proce-
dures established in the regulations, initiate appropriate 
administrative or other remedial action. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1419 
(D) This paragraph shall apply with respect to any Depart-
ment of Defense contract that is in effect on the date of 
promulgation of the regulations under this subsection or that is 
awarded after such date. 
(b) REGULATIONS DEADUNES.—(1) The Secretary of Defense shall 
publish proposed regulations under subsection (a) not later than 180 
days after the date of the enactment of this Act. 
(2) The Secretary of Defense shall publish final regulations under 
subsection (a) not later than 270 days after the date of the enact-
ment of this Act. 
(c) GOVERNMENT-WIDE APPLICABIUTY AUTHORIZED.—If the Federal 
Acquisition Regulatory Council (established by section 25(a) of the 
Office of Federal Procurement Policy Act) determines that it would 
be more appropriate for the requirements described in subsection (a) 
to apply Government-wide, the regulations required by subsection 
(a) may be prescribed as modifications to the Federal Acquisition 
Regulation (issued pursuant to section 25(c)(1) of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 421(cXl)). 
(d) ASSISTANCE TO SMALL BUSINESS (DONCERNS.—Paragraph (5) of 
section 15(k) of the Small Business Act (15 U.S.C. 644(kX5)) is 
amended to read as follows: 
"(5) assist small business concerns to obtain payments, re-
quired late payment interest penalties, or information regard-
ing payments due to such concerns from an executive agency or 
a contractor, in conformity with chapter 39 of title 31, United 
States Clode, or any other protection for contractors or sub-
contractors (including suppliers) that is included in the Federal 
Acquisition Regulation or any individual agency supplement to 
such Government-wide regulation;". 
(e) GAO REPORT.—(1) The Comptroller General of the United 
States shall conduct an assessment of the matters described in 
paragraph (2) and submit a report pursuant to paragraph (3). 
(2) In addition to such other related matters as the Comptroller 
General considers appropriate, the matters to be assessed pursuant 
to paragraph (1) are the following: 
(A) Timely payment of progress or other periodic payments to 
subcontractors and suppliers by prime contractors on Federal 
contracts by— 
(i) identifying all existing statutory and regulatory provi-
sions, categorized by types of contracts covered by such 
provisions; 
(ii) evaluating the feasibility and desirability of requiring 
that a prime contractor (other than a construction prime 
contractor subject to the provisions of sections 3903(b) and 
3905 of title 31, United States Code) be required to— 
(I) include in its subcontracts a payment term requir-
ing payment within 7 days (or some other fixed term) 
after receiving payment from the Government; and 
(II) submit with its payment request to the Govern-
ment a certification that it has timely paid its sub-
contractors in accordance with their subcontracts from 
funds previously received as progress payments and 
will timely make required payments to such sub-
contractors from the proceeds of the progress payment 
covered by the certification; 
(iii) evaluating the feasibility and desirability of requiring 
that all prime contractors (other than a construction prime 
105 STAT. 1420 
PUBLIC LAW 102-190—DEC. 5, 1991 
contractor subject to the provisions of sections 3903(b) and 
3905 of title 31, United States Code) furnish with its pay-
ment request to the Government proof of payment of the 
amounts included in such payment request for payments 
made to subcontractors and suppliers; 
(iv) evaluating the feasibility and desirability of requiring 
a prime contractor to establish an escrow account at a 
federally insured financial institution and requiring direct 
disbursements to subcontractors and suppliers of amounts 
certified by the prime contractor in its payment request to 
the Government as being payable to such subcontractors 
and suppliers in accordance with their subcontracts; and 
(v) evaluating the feasibility and desirability of requiring 
direct disbursement of amounts certified by a prime con-
tractor as being payable to its subcontractors and suppliers 
in accordance with their subcontracts (using techniques 
such as joint payee checks, escrow accounts, or direct pay-
ment by the Government), if the contracting officer has 
determined that the prime contractor is failing to make 
timely payments to its subcontractors and suppliers. 
(B) Payment protection of subcontractors and suppliers 
through the use of payment bonds or alternatives methods by— 
(i) evaluating the effectiveness of the modifications to 
part 28.2 of the Federal Acquisition Regulation Part 28.2 
(48 C.F.R. 28.200) relating to the use of individual sureties, 
which became effective February 26,1990; 
(ii) evaluating the effectiveness of requiring pa3mient 
bonds pursuant to the Miller Act as a means of affording 
protection to construction subcontractors and suppliers 
relating to receiving— 
(I) timely payment of progress payments due in 
accordance with their subcontracts; and 
(II) ultimate payment of such amounts due; 
(iii) evaluating the feasibility and desirability of increas-
ing the pa3anent bond amounts required under the Miller 
Act from the current maximum amounts to an amount 
equal to 100 percent of the amount of the contract; 
(iv) evaluating the feasibility and desirability of requiring 
payment bonds for supply and services contracts (other 
than construction), and, if feasible and desirable, the 
amounts of such bonds; and 
(v) evaluating the feasibility and desirability of using 
letters of credit issued by federally insured financial 
institutions (or other alternatives) as substitutes for pay-
ment bonds in providing payment protection to subcontrac-
tors and suppliers on construction contracts (and other 
contracts). 
(C) Any evaluation of feasibility and desirability carried out 
pursuant to subparagraph (A) or (B) shall include the appro-
priateness of— 
(i) any differential treatment of, or impact on, small 
business concerns as opposed to concerns other than small 
business concerns; 
(ii) any differential treatment of subcontracts relating to 
commercial products entered into by the contractor in fur-
therance of its non-Government business, especially those 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1421 
subcontracts entered into prior to the award of a contract 
by the Government; and 
(iii) extending the protections regarding pajnnent to all 
tiers of subcontractors or restricting them to first-tier sub-
contractors and direct suppliers. 
(3) The report required by paragraph (1) shall include a descrip-
tion of the results of the assessment carried out pursuant to para-
graph (2) and may include recommendations pertaining to any of the 
following: 
(A) Statutory and regulatory changes providing payment 
protections for subcontractors and suppliers (other than a 
construction prime contractor subject to the provisions of sec-
tions 3903(b) and 3905 of title 31, United States Code) that the 
Comptroller General believes to be desirable and feasible. 
(B) Proposals to Eissess the desirability and utility of a specific 
pajmient protection on a test basis. 
(C) Such other recommendations as the Comptroller General 
considers appropriate in light of the matters assessed pursuant 
to paragraph (2). 
(4) The report required by paragraph (1) shall be submitted not 
later than by February 1, 1993, to the Committees on Armed 
Services and on Small Business of the Senate and House of Rep-
resentatives. 
(f) INSPECTOR GENERAL REPORT.—(1) The Inspector General of the 
Department of Defense shall submit to the Secretary of Defense a 
report on payment protections for subcontractors and suppliers 
under contracts entered into with the Department of Defense. The 
report shall include an assessment of the extent to which available 
judicial and administrative remedies, as well as suspension and 
debarment procedures, have been used (or recommended for use) by 
officials of the Department to deter false statements relating to (A) 
payment bonds provided by individuals pursuant to the Miller Act, 
and (B) certifications pertaining to payment requests by construc-
tion contractors pursuant to section 3903(b) of title 31, United States 
Code. The assessment shall cover actions taken during the period 
beginning on October 1, 1989, and ending on September 30, 1992. 
(2) The report required by paragraph (1) shall be submitted to the 
Secretary of Defense not later than March 1, 1993. The report may 
include recommendations by the Inspector General on ways to 
improve the effectiveness of existing methods of preventing false 
statements. 
(g) MILLER ACT DEFINED.—For purposes of this section, the term 
"Miller Act" means the Act of August 24, 1935 (40 U.S.C. 270a-
270d). 
SEC. 807. GOVERNMENT-INDUSTRY COMMITTEE ON RIGHTS IN TECH- 
10 USC 2320 
NICAL DATA. 
note. 
(a) REGULATIONS.—(1) Not later than September 15, 1992, the 
Secretary of Defense shall prescribe final regulations required by 
subsection (a) of section 2320 of title 10, United States Code, that 
supersede the interim regulations prescribed before the date of the 
enactment of this Act for the purposes of that section. 
(2) In prescribing such regulations, the Secretary shall give thor-
ough consideration to the recommendations of the government-
industry committee appointed pursuant to subsection Ot)). 
(3) Not less than 30 days before prescribing such regulations, the 
Secretary shall— 
105 STAT. 1422 
PUBLIC LAW 102-190—DEC. 5, 1991 
Reports. 
Federal 
Register, 
publication. 
Contracts. 
Reports. 
(A) transmit to the Committees on Armed Services of the 
Senate and House of Representatives a report containing such 
regulations, the recommendations of the committee, and any 
matters required by subsection (bX4); and 
(B) pubhsh such regulations for comment in the Federal 
Register. 
(4) The regulations shall apply to contracts entered into on or 
after November 1, 1992, or, if provided in the regulations, an earlier 
date. The regulations may be applied to any other contract upon the 
agreement of the parties to the contract. 
(b) GOVERNMENT-INDUSTRY COMMITTEE.—(1) Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall appoint a government-industry committee for the purpose of 
developing regulations to recommend to the Secretary of Defense for 
purposes of carrying out subsection (a). 
(2) The membership of the committee shall include, at a mini-
mum, representatives of the following: 
(A) The Under Secretary of Defense for Acquisition. 
(B) The acquisition executives of the military departments. 
(C) Prime contractors under major defense acquisition pro-
grams. 
(D) Subcontractors and suppliers under major defense acquisi-
tion programs. 
(E) Contractors under contracts other than contracts under 
major defense acquisition programs. 
(F) Subcontractors and suppliers under contracts other than 
contracts under major defense acquisition programs. 
(G) Small businesses. 
(H) Contractors and subcontractors primarily involved in the 
sale of commercial products to the Department of Defense. 
(I) Contractors and subcontractors primarily involved in the 
sale of spare or repair parts to the Department of Defense. 
(J) Institutions of higher education. 
(3) Not later than June 1, 1992, the committee shall submit to the 
Secretary a report containing the following matters: 
(A) Proposals for the regulations to be prescribed by the 
Secretary pursuant to subsection (a). 
(B) Proposed legislation that the committee considers nec-
essary to achieve the purposes of section 2320 of title 10, United 
States Code. 
(C) Any other recommendations that the committee considers 
appropriate. 
(4) If the Secretary omits from the regulations prescribed pursu-
ant to subsection (a) any regulation proposed by the advisory 
committee, any regulation proposed by a minority of the committee 
in any minority report accompanying the committee's report, or any 
part of such a proposed regulation, the Secretary shall set forth his 
reasons for each such omission in the report submitted to Congress 
pursuant to subsection (a)(3XA). 
(c) RESTRICTION.—(1) Before the date described in paragraph (2), 
the Secretary may not revise or supersede the interim regulations 
implementing section 2320 of title 10, United States Code, prescribed 
before the date of the enactment of this Act, except to the extent 
required by law or necessitated by urgent and unforeseen cir-
cumstances affecting the national defense. 
(2) The date referred to in paragraph (1) is the date 30 days 
following the date on which the report required by subsection (a)(3) 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1423 
is transmitted to the Committees on Armed Services of the Senate 
and House of Representatives. 
(d) DEFINITION.—In this section, the term "major defense acquisi-
tion program" has the meaning given such term by section 2430 of 
title 10, United States Code. 
SEC. 808. CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT. 
(a) REQUIREMENT.—The Secretary of Defense shall prescribe regu-
lations to ensure that— 
(1) a Department of Defense employee or member of the 
armed forces with an appropriate security clearance who is 
engaged in oversight of an acquisition program of the Depart-
ment of Defense (including a program involving highly sensitive 
information) maintains control of the employee's or member's 
work product; and 
(2) procedures for protecting unauthorized disclosure of classi-
fied information by contractors do not require such an employee 
or member to relinquish control of his or her work product to 
any such contractor. 
0)) REGULATIONS.—The Secretary of Defense shall prescribe the 
regulations required by subsection (a) not later than 120 days after 
the date of the enactment of this Act. 
(c) SUNSET.—This section shall cease to be effective on September 
30,1992. 
SEC. 809. STATUS OF THE DIRECTOR OF DEFENSE PROCUREMENT. 
For the purposes of the amendment made by section 807 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 104 Stat. 1593) to section 25(bX2) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 421(b)(2)), the Director of 
Defense Procurement of the Department of Defense shall be consid-
ered to be an official at an organizational level of an Assistant 
Secretary of Defense within the Office of the Under Secretary of 
Defense for Acquisition. 
PART B—ACQUISITION ASSISTANCE PROGRAMS 
SEC. 811. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREE-
MENT PROGRAM. 
(a) 
AVAILABILITY 
OF 
AUTHORIZED 
APPROPRIATIONS.—Of 
the 
amounts authorized to be appropriated pursuant to section 301 for 
Defense Agencies for fiscal years 1992 and 1993 for operation and 
maintenance, $9,000,000 shall be available for each such fiscal year 
for canying out the provisions of chapter 142 of title 10, United 
States Code. 
(b) SPECIFIC PROGRAMS.—Of the amounts provided for in subsec-
tion (a), $600,000 shall be available for each of fiscal years 1992 and 
1993 for the purpose of carrying out programs sponsored by eligible 
entities referred to in subparagraph (D) of section 2411(1) of title 10, 
United States Code, that provide procurement technical assistance 
in distressed areas referred to in subparagraph (B) of section 2411(2) 
of such title. If there is an insufficient number of satisfactory 
proposals for cooperative agreements in such distressed areas to 
allow for effective use of the funds made available in accordance 
with this subsection in such areas, the funds shall be allocated 
among the Defense Contract Administration Services regions in 
accordance with section 2415 of such title. 
10 use 2320 
note. 
Regulations. 
41 use 421 
note. 
105 STAT. 1424 
PUBLIC LAW 102-190—DEC. 5, 1991 
Contracts. 
Small 
business. 
15 u s e 636 
note. 
SEC. 812. DEFENSE RESEARCH BY HISTORICALLY BLACK COLLEGES AND 
UNIVERSITIES. 
(a) FUNDING.—Of the amounts authorized to be appropriated for 
fiscal years 1992 and 1993 pursuant to title II of this Act, $15,000,000 
shall be available for each such fiscal year for infrastructure assist-
ance to historically Black colleges and universities and minority 
institutions under section 1207(cX3) of the National Defense 
Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note). 
(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 procedures and regulations for providing assistance 
referred to in paragraph (1). The Secretary shall promulgate final 
regulations for providing such assistance not later than 270 days 
after the date of the enactment of this Act. 
SEC. 813. REAUTHORIZATION OF BOND WAIVER TEST PROGRAM. 
(a) AUTHORITY.—(1) In the award of construction contracts by the 
Department of Defense to participants in the Minority Small Busi-
ness and Capital Ownership Development Program of the Small 
Business Administration, the Secretary of Defense may exercise the 
authority to grant surety bond exemptions to such participants 
provided by section 7(jX13)(D) of the Small Business Act (15 U.S.C. 
636(jX13XD)). In any case in which the Secretary exercises such 
authority, the Secretary may award a construction contract directly 
to a participant in such program, without approval by or consulta-
tion with the Small Business Administration. 
(2) In exercising the authority provided by paragraph (1), the 
Secretary of Defense shall make every reasonable effort to award 
not fewer than 30 contracts for construction projects (including 
repair and alteration of existing facilities) during each fiscal year. 
(b) DELEGATION OF AUTHORITY.—The Secretary of Defense shall 
delegate to one or more Secretaries of a military department the 
authority provided by subsection (a)(1). 
(c) No RIGHT OF ACTION AGAINST THE UNITED STATES.—A dispute 
between a contractor granted a surety bond exemption pursuant to 
section 7(j)(13XD) of the Small Business Act and a subcontractor at 
any tier or a supplier of such contractor relating to the amount or 
entitlement of a payment due such subcontractor or supplier does 
not constitute a dispute to which the United States is a party. The 
United States may not be interpleaded in any judicial or administra-
tive proceeding involving such a dispute. 
(d) REGULATIONS.—The Secretary of Defense shall prescribe final 
regulations and procedures for exercising the authority provided in 
this section not later than 270 days after the date of the enactment 
of this Act. 
(e) PROGRAM DURATION.—The authority provided by this section 
shall apply to contracts awarded before October 1,1994. 
(f) CONFORMING REPEAL.—Section 833 of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-
189; 103 Stat. 1509; 15 U.S.C. 636 note) is hereby repealed. 
SEC. 814. PILOT MENTOR-PROTEGE PROGRAM. 
(a) FUNDING.—Of the amounts authorized to be appropriated for 
fiscal years 1992 and 1993 pursuant to title I of this Act, $30,000,000 
shall be available for each such fiscal year for the pilot Mentor-
Protege Program established pursuant to section 831 of the National 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1425 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1607). 
O
t
)
) PILOT MENTOR-PROTEGE PROGRAM IMPROVEMENTS.—(1) Section 
831(g) of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 140 Stat. 1609) is amended by striking out 10 use 2301 
paragraph (2) and inserting in lieu thereof the following: 
^°^^-
"(2)(A) 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 the reimbursement is provided for— 
"(i) as a line item in a Department of Defense contract under 
which the mentor firm is furnishing products or services to the 
Department, subject to a maximum amount of reimbursement 
specified in such contract; 
"(ii) as a reimbursement of indirect costs incurred under the 
program which have been assigned to indirect cost pools, to the 
extent that such assigned costs are otherwise reasonable, alloca-
ble, and allowable; 
"(iii) in a separate contract, cooperative agreement, or other 
agreement entered into between the Secretary and the mentor 
firm for the purpose of providing reimbursement of costs in-
curred under the program, subject to a maximum amount of 
reimbursement specified in such contract or agreement; or 
"(iv) through a combination of the methods of reimbursement 
described in clauses (i), (ii), and (iii), but only if the mentor firm 
has an accounting system and controls adequate to assure 
proper identification and assignment of program costs to appro-
priate direct and indirect cost accounts. 
"(B) The Secretary and a mentor firm may provide for the alloca-
tion of such costs to any Department of Defense contract awarded to 
the mentor firm.". 
(2) Section 831(g) of such Act is further amended in paragraph 
(3)(A)-
(A) by striking out "paragraph (2) may" and inserting "either 
subparagraph (A) or (C) of paragraph (2) or are reimbursed 
pursuant to subparagraph (B) of such paragraph shall"; 
(B) by inserting after "a Department of Defense contract" the 
following: ", under a contract with another executive agency,"; 
and 
(C) by striking out "Executive" and inserting in lieu thereof 
"executive". 
(3) Section 831 of such Act is amended by adding at the end the 
following new subsection: 
"(n) AVAILABILITY OF FUNDING.—Funds authorized and appro-
priated to carry out the program shall remain available until 
September 30,1999.". 
(4) Section 831(k) of such Act is amended by adding at the end the Code of 
following: "The Secretary shall ensure that the Department of ^^^^^^^l. 
Defense policy regarding the pilot Mentor-Protege Program, dated m^wicadon^' 
July 30,1991 (and any successor policy), is published and maintained 
in the Code of Federal Regulations.". 
(c) CONFORMING AMENDMENT.—Section 8(d) of the Small Business 
Act (15 U.S.C. 637(d)) is amended by adding at the end the following 
new paragraph: 
"(12) For purposes of determining the attainment of a subcontract 
utilization goal under any subcontracting plan entered into with 
any executive agency pursuant to this subsection, a mentor firm 
105 STAT. 1426 
PUBLIC LAW 102-190—DEC. 5, 1991 
providing development assistance to a protege firm under the pilot 
Mentor-Protege Program established pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 10 U.S.C. 2301 note) shall be granted credit for such 
£issistance in accordance with subsection (g) of such section.". 
PART C—DEFENSE INDUSTRIAL AND TECHNOLOGY BASE INITIATIVES 
SEC. 821. DEVELOPMENT OF CRITICAL TECHNOLOGIES. 
(a) ENACTMENT OF NEW TITLE 10 CHAPTER FOR CRITICAL TECH-
NOLOGY PROVISIONS.—Part IV of subtitle A of title 10, United States 
Code, is amended by inserting after chapter 149 the following new 
chapter 150: 
"CHAPTER 150—DEVELOPMENT OF DUAL-USE 
CRITICAL TECHNOLOGIES 
"Sec. 
"2521. Definitions. 
"2522. Annual defense critical technologies plan. 
"2523. Defense dual-use critical technology partnerships. 
"2524. Critical technology application centers assistance program. 
"2525. Office for Foreign Defense Critical Technology Monitoring and Assessment. 
"2526. Overseas foreign critical technology monitoring and assessment financial as-
sistance program. 
"§ 2521. Definitions 
"In this chapter: 
"(1) The terms 'Federal laboratory' and 'laboratory' have the 
meaning given the term 'laboratory' in section 12(d)(2) of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710a(d)(2)). 
"(2) The term 'critical technology' means a technology that 
is— 
"(A) a national critical technology; or 
"(B) a defense critical technology. 
"(3) The term 'national critical technology' means a tech-
nology that— 
"(A) appears on the list of national critical technologies 
contained in a biennial report on national critical tech-
nologies submitted to Congress by the President pursuant 
to section 603(d) of the National Science and Technology 
Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6683(d)); and 
"(B) has not been expressly deleted from such list by such 
a report subsequently submitted to Congress by the Presi-
dent. 
"(4) The term 'defense critical technology' means a technology 
that— 
"(A) appears on the list of critical technologies contained 
in an annual defense critical technologies plan submitted to 
Congress by the Secretary of Defense pursuant to section 
2522 ofthis title; and 
"(B) has not been expressly deleted from such list by such 
a plan subsequently submitted to Congress by the Sec-
retary. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1427 
"(5) The term 'dual-use critical technology' means a critical 
technology that has military applications and nonmilitary 
commercial applications. 
"(6) The term 'eligible firm' means a company or other busi-
ness entity that, as determined by the Secretary of Commerce— 
"(A) conducts a significant level of its research, develop-
ment, engineering, and manufacturing activities in the 
United States; and 
"(B) is a company or other business entity the majority 
ownership or control of which is by United States citizens 
or is a company or other business of a parent company that 
is incorporated in a country the government of which— 
"(i) encourages the participation of firms so owned or 
controlled in research and development consortia to 
which the government of that country provides funding 
directly or provides funding indirectly through inter-
national organizations; and 
"(ii) affords adequate and effective protection for the 
intellectual property rights of companies incorporated 
in the United States. 
Such term includes a consortium of such companies or other 
business entities, as determined by the Secretary of Commerce. 
"(7) The term 'Pacific Rim country' means a foreign country 
located on or near the periphery of the Pacific Ocean. 
"§ 2523. Defense dual-use critical technology partnerships 
"(a) EsTABUSHMENT OF PARTNERSHIPS.—The Secretary of Defense, 
acting through the Director of Defense Research and Engineering, 
shall conduct a program providing for the establishment of coopera-
tive arrangements (hereinafter in this section referred to as 'part-
nerships') between the Department of Defense and entities referred 
to in subsection (b) in order to encourage and provide for research, 
development, and application of dual-use critical technologies. The Grants. 
Secretary may make grants, enter into contracts, or enter into Contracts. 
cooperative agreements and other transactions pursuant to section 
2371 of this title in order to establish the partnerships. 
"(b) NON-DEPARTMENT OF DEFENSE PARTICIPANTS.—In the case of 
each partnership, the entities with which the Secretary enters into 
the partnership shall include two or more eligible firms or a non-
profit research corporation established by two or more eligible firms 
and, may also include, as determined appropriate by the Secretary 
of Defense, a Federal laboratory or laboratories, institutions of 
higher education, agencies of State governments, and other entities 
that participate in the partnership by supporting the activities 
conducted by such firms or corporations under this section. 
"(c) 
FINANCIAL 
COMMITMENT 
OF NON-FEDERAL 
GOVERNMENT 
PARTICIPANTS.—The Secretary of Defense shall ensure that, to the 
maximum extent he determines to be practicable, the amount of the 
funds provided by the Federal Government under a partnership 
does not exceed the total amount provided by non-Federal Govern-
ment participants in that partnership. 
"(d) ASSISTANCE AUTHORIZED.—The Secretary of Defense may pro-
vide a partnership with technical and other assistance to facilitate 
the achievement of the purposes of this section. 
"(e) SELECTION PROCESS.—Competitive procedures shall be used in 
the establishment of partnerships, except that procedures other 
105 STAT. 1428 
PUBLIC LAW 102-190—DEC. 5, 1991 
than competitive procedures may be used in any case in which an 
exception set out in section 2304(c) of this title applies. 
"(t) SELECTION CRITERIA.—The criteria for the selection of pro-
posed partnerships for establishment under this section shall in-
clude the following: 
"(1) The extent to which the program proposed to be con-
ducted by the partnership advances and enhances the national 
security interests of the United States. 
"(2) The technical excellence of the program proposed to be 
conducted by the partnership. 
"(3) The qualifications of the personnel proposed to partici-
pate in the partnership's research activities. 
"(4) A likelihood that there will not be timely private sector 
investment in activities to achieve the goals and objectives of 
the proposed partnership other than through the partnership. 
"(5) The potential effectiveness of the partnership in the 
further development and application of technology proposed to 
be developed by the partnership for the defense industrial base. 
"(6) The extent of the financial commitment of eligible firms 
to the proposed partnership. 
"(7) Such other criteria that the Secretary prescribes. 
"§2524. Critical technology application centers assistance pro-
gram 
"(a) EsTABUSHMENT OF PROGRAM.—The Secretary of Defense, in 
consultation and coordination with the Secretary of Commerce, 
shall conduct a program to provide assistance for the activities of 
eligible regional critical technology application centers in the 
United States, 
"(b) ELIGIBLE CENTERS.—A regional critical technology application 
center is eligible for assistance under the program if— 
"(1) the purpose of the center is to facilitate the use of one or 
more defense critical technologies for defense and commercial 
purposes by an industry in the region served by that center in 
order to maintain within the United States industrial capabili-
ties that are vital to the national security of the United States; 
and 
"(2) the center meets the other requirements of this section. 
"(c) PROGRAM PARTICIPANTS.—(1) The participants in a critical 
technology application center— 
"(A) shall include— 
"(i) eligible firms that conduct business in the region of 
the United States served or to be served by the center; and 
"(ii) a sponsoring agency in such region; and 
"(B) may include other organizations considered appropriate 
by the Secretary of Defense. 
"(2)(A) A sponsoring agency of a center may be any agency 
described in subparagraph (B) that, as determined by the Secretary, 
provides adequate assurances that it will— 
"(i) meet the financial requirement in subsection (e); and 
"(ii) provide assistance in the management of the center. 
"(B) An agency referred to in subparagraph (A) is any of the 
following: 
"(i) An agency of a State or local government, 
"(ii) A nonprofit organization established, or performing func-
tions, pursuant to an agreement entered into by two or more 
States or local governments. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1429 
"(iii) A membership organization in which a State or locEil 
government is a member. 
"(d) ASSISTANCE AUTHORIZED.—(1) Under the program, the Sec-
retary may provide— 
"(A) financial assistance for the activities of a critical tech-
nology application center (including, in the case of a proposed 
center, the establishment of such center) in any amount not in 
excess of 30 percent of the cost of conducting such activities 
(including the cost of establishing a proposed center) during the 
period covered by the financial Eissistance; and 
"(B) technical assistance for the activities (and, in the case of 
a proposed center, the establishment) of a center awarded finan-
cial assistance authorized by subparagraph (A). 
"(2) The Secretary may not provide financial assistance under the 
program for construction of facilities. 
"(3) The Secretary may furnish assistance to a critical technology 
application center under the program for not more than six years. 
(e) FINANCIAL CONTRIBUTIONS OF CENTER PARTICIPANTS.—(1) The 
sponsoring agency of a critical technology application center and the 
eligible firms participating in the center shall pay at least 70 
percent of the total cost incurred each year for the activities of the 
center. Funds contributed for the activities of the center by institu-
tions of higher education or private, nonprofit organizations partici-
pating in the center shall be considered as funds contributed by the 
sponsoring agency. 
"(2) If the right to use or license the results of any research and 
development activity of a center is limited by participants in the 
center to one or more, but less than one-half, of the eligible firms 
participating in the center, the non-Federal Government partici-
pants in the center shall pay the total cost incurred for such 
activity. 
"(f) MANAGEMENT PLAN.—A critical technology application center 
shall operate under a management plan that includes provisions for 
the eligible firms participating in the center to have the primary 
responsibility for directing the activities of the center and to exer-
cise that responsibility through, among any other means, majority 
voting membership of such firms on the board of directors of the 
center. 
"(g) ADMINISTRATION OF PROGRAM.—The Secretary shall prescribe Regulations, 
regulations that, to the extent practicable, apply the same require-
ments and authorities in the administration of this section as apply 
under subsections (d) and (e) of section 2523 of this title in the case of 
the dual-use critical technologies partnerships program provided for 
in that section. 
"(h) SELECTION CRITERIA.—The criteria for selection of a center to 
receive financial assistance under this section shall include the 
following: 
"(1) The potential for the activities of the center to result in— 
"(A) increased availability of technology for the enhance-
ment of national security; and 
"(B) the emergence in such region of new firms that are 
capable of applying dual-use critical technologies. 
"(2) The potential for the center to be able to apply critical 
technology research and development supported or conducted 
by Federal laboratories and institutions of higher education in 
the advancement of national security interests of the United 
States. 
105 STAT. 1430 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(3) The potential for the center to sustain itself through 
support from industry and other non-Federal Government 
sources after termination of the Federal assistance provided 
pursuant to this section. 
"(4) The level of involvement of appropriate State and local 
agencies, institutions of higher education, and private, nonprofit 
entities in the center. 
"(5) Such other criteria as the Secretary prescribes. 
"§ 2525. Office for Foreign Defense Critical Technology Monitor-
ing and Assessment 
Establishment. 
"(a) IN GENERAL.—The Secretary of Defense shall establish within 
the Office of the Director of Defense Research and Engineering an 
office known as the 'Office for Foreign Defense Technology Monitor-
ing and Assessment' (hereinafter in this section referred to as the 
'Office'). 
"(b) RELATIONSHIP TO DEPARTMENT OF COMMERCE.—The head of 
the Office shall consult closely with appropriate officials of the 
Department of Commerce in order— 
"(1) to minimize the duplication of any effort of the Depart-
ment of Commerce by the Department of Defense regarding the 
monitoring of foreign activities related to defense critical tech-
nologies that have potential commercial uses; and 
"(2) to ensure that the Office is effectively utilized to dissemi-
nate information to users of such information within the Fed-
eral Government. 
"(c) RESPONSIBIUTIES.—The Office shall have the following respon-
sibilities: 
"(1) To maintain within the Department of Defense a central 
library for the compilation and appropriate dissemination of 
unclassified and classified information and assessments regard-
ing significant foreign activities in research, development, and 
applications of defense critical technologies. 
"(2) To establish and maintain— 
"(A) a widely accessible unclassified data base of informa-
tion and assessments regarding foreign science and tech-
nology activities that involve defense critical technologies, 
including, especially, activities in Europe and in Pacific 
Rim countries; and 
"(B) a classified data base of information and assessments 
regarding such activities. 
"(3) To perform liaison activities among the military depart-
ments. Defense Agencies, and other appropriate elements of the 
Department of Defense, with appropriate agencies and offices of 
the Department of Commerce and the Department of State, and 
with other departments and agencies of the Federal Govern-
ment in order to ensure that significant activities in research, 
development, and applications of defense critical technologies 
are identified, monitored, and assessed by an appropriate 
department or agency of the Federal Government. 
(4) To ensure the maximum practicable public availability of 
information and assessments contained in the unclassified data 
bases established pursuant to paragraph (2)— 
"(A) by limiting, to the maximum practicable extent, 
restrictive classification of such information and assess-
ments; and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1431 
"(B) by disseminating to the National Technical Informa-
tion Service of the Department of Commerce information 
and assessments regarding defense critical technologies 
having potential commercisQ uses. 
"(5) To disseminate through the National Technical Informa-
tion Service of the Department of Commerce unclassified 
information and assessments regarding defense critical tech-
nologies having potential commercial uses so that such informa-
tion and assessments may be further disseminated within the 
Federal Government and to the private sector. 
"§ 2526. Overseas foreign critical technology monitoring and 
assessment financial assistance program 
"(a) ESTABLISHMENT AND PURPOSE OF PROGRAM.—The Secretary of 
Defense may establish a foreign critical technology monitoring and 
assessment program. Under the program, the Secretary may enter 
into cooperative arrangements with one or more eligible not-for-
profit organizations in order to provide financisd assistance for the 
establishment of foreign critical technology monitoring and assess-
ment offices in Europe, Pacific Rim countries, and such other coun-
tries as the Secretary considers appropriate. 
"03) EuGiBLE ORGANIZATIONS.—Any not-for-profit industrial or 
professional organization that has economic and scientific interests 
in research, development, and applications of dual-use critical tech-
nologies is eligible to enter into a cooperative arrangement referred 
to in subsection (a).". 
OJ) TRANSFER OF SECTION.—(1) Section 2508 of title 10, United 
States Code, is redesignated £is section 2522 and, as so redesignated, 
is transferred to chapter 150 of such title (as added by subsection 
(a)), and inserted after section 2521. 
(2) The table of sections at the beginning of chapter 148 of such 
title is amended by striking out the item relating to section 2508. 
(c) REPEAL.—(1) Section 2368 of title 10, United States Code, is 
repealed. 
(2) The table of sections at the beginning of chapter 139 of such 
title is amended by striking out the item relating to section 2368. 
(d) FUNDING.—Of the amounts authorized to be appropriated 
pursuant to section 201, there shall be available for the following 
purposes the amounts specified for such purposes, as follows: 
(1) For each of fiscal years 1992 and 1993, for the Defense 
Advanced Research Projects Agency to carry out section 2523 of 
title 10, United States CJode (as added by subsection (a)), relating 
to dual-use critical technology partnerships, $100,000,0()0. 
(2) For fiscal year 1992, for the critical technology application 
centers program established pursuant to section 2524 of title 10, 
United States Code (as added by subsection (a)), $50,000,000. 
(e) TECHNICAL AMENDMENTS NECESSITATED BY ENACTMENT OF THE 
NEW CHAPTER 150.—Part IV of subtitle A of title 10, United States 
Code, is amended— 
(1) by striking out the heading of chapter 151 and inserting in 
lieu thereof the following: 
"SUBCHAPTER II—ISSUE OF SERVICEABLE MATERIAL 
OTHER THAN TO THE ARMED FORCES"; 
(2) by striking out the heading of chapter 150 in effect on the 
day before the date of the enactment of this Act (relating to 
105 STAT. 1432 
PUBLIC LAW 102-190—DEC. 5, 1991 
issue to Armed Forces) and the table of sections at the begin-
ning of such chapter and inserting in lieu thereof the following: 
"CHAPTER 152—ISSUE OF S U P P L I E S , SERVICES, 
A N D FACILITIES 
"SUBCHAPTER 
Sec. 
"I. Issue to the Armed Forces 
2540 
"II. Issue of Serviceable Material Other Than to the Armed Forces 
2541 
"SUBCHAPTER I—ISSUE TO THE ARMED FORCES 
"Sec. 
"2540. Reserve components: supplies, services, and facilities."; 
and 
(3) by redesignating the section 2521 in effect on the day 
before the date of the enactment of this Act (relating to sup-
plies, services, and facilities for reserve components) as section 
2540. 
(f) 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 IV of such subtitle are each amended by striking 
out the items relating to chapters 150 and 151 and inserting in lieu 
thereof the following: 
"150. Development of Dual-Use Critical Technologies 
2521 
"152. Issue of Supplies, Services, and Facilities 
2540". 
SEC. 822. CRITICAL TECHNOLOGY STRATEGIES. 
42 u s e 6687. 
(a) REQUIREMENT FOR CRITICAL TECHNOLOGY STRATEGIES,—(1) T h e 
President shall develop and revise as needed a multiyear strategy 
for federally supported research and development for each critical 
technology designated by the President. In designating critical tech-
nologies for the purpose of this section, the President shall begin 
with the national critical technologies listed in a biennial report on 
national critical technologies submitted to Congress by the Presi-
dent pursuant to section 603(d) of the National Science and Tech-
nology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6683(d)). A critical technology strategy may cover more than one 
critical technology. 
President. 
(2) The President shall assign responsibilities and develop proce-
dures for conducting executive branch activities to carry out this 
section. 
(3) During the development of a critical technology strategy, the 
President shall provide for the following: 
(A) The development of goals and objectives for the appro-
priate Federal role in the development of the critical technology 
or technologies that the President expects to be covered by the 
strate^. 
(B) Close consultation with appropriate representatives of 
United States industries, members of industry associations, rep-
resentatives of labor organizations in the United States, mem-
bers of professional and technical societies in the United States 
and other persons who are qualified to provide advice and 
assistance in the development of such critical technology or 
technologies. 
(C) The development of an organizational structure within the 
Federal Government that is appropriate for coordinating, man-
aging, and reviewing the Federal Government's role in the 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1433 
implementation of the strategy, including allocating roles 
among Federal departments and agencies. 
(D) The development of policies and procedures for synergistic 
government, industrial, and university participation in the im-
plementation of the strategy. 
(E) The development of Federal budget estimates for research 
and development regarding the critical technology or tech-
nologies covered by the strategy for the first five fiscal years 
covered by that strategy. 
(b) REPORT.—Not later than February 15 of each year, beginning 42 use 6687. 
in 1993, the President shall submit to Congress an annual report 
describing the implementation of subsection (a). The annual report 
shall include the following: 
(1) For each critical technology designated by the President 
for the purpose of subsection (a), a description of the progress 
made in implementing subsection (a) during the fiscal year 
preceding the fiscal year in which the report is submitted. 
(2) A description of each proposed program, if any, for further 
implementing subsection (a) with respect to a critical tech-
nology through the date for the submission of the next annual 
report. 
(3) A copy of each strategy, if any, completed or revised 
pursuant to subsection (a) during the fiscal year covered by the 
report. 
(c) REVISIONS IN CRITICAL TECHNOLOGIES INSTITUTE.—(1) Section 
822 of the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 104 Stat. 1598) is amended to read as follows: 42 USC 6686. 
"SEC. 822. CRITICAL TECHNOLOGIES INSTITUTE 
"(a) EsTABUSHMENT.—There shall be established a federally 
funded research and development center to be known as the 'Criti-
cal Technologies Institute' (hereinafter in this section referred to as 
the 'Institute'). 
"(b) INCORPORATION.—As determined by the chairman of the 
committee referred to in subsection (c), the Institute shall be— 
"(1) administered as a separate entity by an organization 
currently managing another federally funded research and 
development center; or 
"(2) incorporated as a nonprofit membership corporation. 
"(c) OPERATING COMMITTEE.—(1) The Institute shall have an 
Operating Committee composed of 11 members as follows: 
"(A) The Director of the Office of Science and Technology 
Policy. 
"(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 other members appointed by the President from 
among officials of the Executive branch (other than those re-
ferred to in subparagraphs (A) through (G)). 
49-194 O - 92 - 16 : QL. 3 Part 2 
105 STAT. 1434 
PUBLIC LAW 102-190—DEC. 5, 1991 
President. 
"(2) The President shall designate a chairman of the committee 
from among the members of the committee who are senior officials 
of the Executive Office of the President. 
"(3XA) The term of service of members of the committee appointed 
under paragraph (1)(H) 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. The terms of appointment of members appointed 
under this subparagraph shsdl be designated by the President at the 
time of the appointments. 
"(B) A vacancy in a membership of the committee referred to in 
subparagraph (A) shall be filled in the same manner as the original 
appointment. A member appointed under this subparagraph shall 
serve the remainder of the unexpired term of the predecessor of the 
member. 
"(C) Members of the committee referred to in subparagraph (A) 
may be reappointed. 
"(4) The committee shall meet not less than four times a year. 
"(d) DUTIES.—The duties of the Institute shall include the follow-
ing: 
"(1) The assembly of timely and authoritative information 
regarding significant developments and trends in technology 
research and development in the United States and abroad, 
with particular emphasis on information relating to the tech-
nologies identified in the most recent biennial report submitted 
to Congress by the President pursuant to section 603(d) of the 
National Science and Technology Policy, Organization, and 
Priorities Act of 1976 (42 U.S.C. 6683(d)). 
"(2) Analysis and interpretation of the information referred to 
in paragraph (1) to determine whether such developments and 
trends are likely to affect United States technology policies. 
"(3) Initiation of studies and analyses (including systems 
analyses and technology assessments) of alternatives available 
for ensuring long-term leadership by the United States in the 
development and application of the technologies referred to in 
paragraph (1), including appropriate roles for the Federal 
Government, State governments, private industry, and institu-
tions of higher education in the development and application of 
such technologies. 
"(4) Provision, upon the request of the Director of the Office of 
Science and Technology Policy, of technical support and assist-
ance— 
"(A) to the committees and panels of the President's 
Council of Advisers on Science and Technology that provide 
advice to the Executive branch on technology policy; and 
"(B) to the committees and panels of the Federal (Coordi-
nating C!ouncil for Science, Engineering, and Technology 
that are responsible for planning and coordinating activi-
ties of the Federal Government to advance the development 
of critical technologies and sustain and strengthen the 
technology base of the United States. 
"(e) CONSULTATION ON INSTITUTE ACTIVITIES.—In Carrying out the 
duties referred to in subsection (d), personnel of the Institute shall— 
"(1) consult widely with representatives from private indus-
try, institutions of higher education, and nonprofit institutions; 
and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1435 
"(2) to the maximum extent practicable, incorporate informa-
tion and perspectives derived from such consultations in carry-
ing out such duties. 
"(f) ANNUAL REPORTS.—The committee shall submit to the Presi-
dent an annual report on the activities of the committee under this 
section. Each report shall be in accordance with requirements pre-
scribed by the President. 
"(g) SPONSORSHIP.—(1) The Director of the National Science 
Foundation shall be the sponsor of the Institute. 
"(2) The Director of the National Science Foundation, in consulta-
tion with the chairman of the committee, shall enter into a sponsor-
ing agreement with respect to the Institute. The sponsoring 
agreement shall require that the Institute carry out such functions 
as the chairman of the committee may specify consistent with the 
duties referred to in subsection (d). The sponsoring agreement shall 
be consistent with the general requirements prescribed for such a 
sponsoring agreement by the Administrator for Federal Procure-
ment Policy. . 
(2) The amendment made by paragraph (1) shall take effect as of 
November 5,1990. 
(3) The sponsoring agreement required by subsection (g) of section 
822 of Public Law 101-510, as amended by paragraph (1), shall be 
entered into not later than February 15,1992. 
(d) FUNDING.—(1) To the extent provided in appropriations Acts, 
the Secretary of Defense shall make available to the Director of the 
National Science Foundation, out of funds appropriated for fiscal 
year 1991, $5,000,000 for funding the activities of the Institute. 
(2) There is authorized to be appropriated for each fiscal year after 
fiscal year 1991 for the Institute such sums as may be necessary for 
the operation of the Institute. 
(3) Funds appropriated to any department or agency for the 
Critical Technologies Institute established under section 822 of the 
National Defense Authorization Act for Fiscal Year 1991, as 
amended by subsection (c), for fiscal year 1992 by any Act enacted 
before the date of the enactment of this Act shall be transferred to 
the National Science Foundation only for the purposes of carrying 
out activities of the Institute. 
SEC. 823. ADVANCED MANUFACTURING TECHNOLOGY PARTNERSHIPS. 
(a) AUTHORITY TO ESTABUSH PARTNERSHIPS.—(1) Chapter 149 of 
title 10, United States Code, is amended by adding at the end the 
following new section: 
"§ 2518. Defense Advanced Manufacturing Technology Partner-
ships 
"(a) ESTABLISHMENT OF PARTNERSHIPS.—The Secretary of Defense 
may enter into cooperative arrangements (hereinafter in this 
section referred to as 'partnerships') with entities referred to in 
subsection (b) in order to encourage and provide for research and 
development of advanced manufacturing technologies with the 
potential for having a broad range of applications. 
"(b) NON-DEPARTMENT OF DEFENSE PARTICIPANTS.—In the case of 
each partnership, the entities with which the Secretary enters into 
the partnership shall include two or more eligible firms or a non-
profit research corporation established by two or more eligible firms 
and may also include, sis determined appropriate by the Secretary of 
Defense, a Federal laboratory or laboratories, institutions of higher 
Effective date. 
42 use 6686 
note. 
42 use 6686 
note. 
42 use 6686 
note. 
105 STAT. 1436 
PUBLIC LAW 102-190—DEC. 5, 1991 
education, agencies of State governments, and other entities that 
participate in the partnership by supporting the activities conducted 
by such firms or corporations under this section. A partnership may 
include other organizations considered appropriate by the Secretary 
of Defense. 
Regulations. 
"(c) ADMINISTRATION OF PROGRAM.—The Secretary shall prescribe 
regulations that, to the extent practicable, apply the same require-
ments and authorities in the administration of this section as apply 
under subsections (c) through (e) of section 2523 of this title in the 
case of the dual-use critical technologies partnerships program pro-
vided for in that section. 
"(d) SELECTION CRITERIA.—The criteria for the selection of pro-
posed partnerships for establishment under this section shall 
include the following criteria: 
"(1) The criteria specified in section 2523(f) of this title. 
"(2) The extent to which the partnerships provide for the 
development of advanced manufacturing technologies usable for 
significantly reducing the potential health, safety, and environ-
mental hazards associated with existing manufacturing proc-
esses. 
"(e) DEFINITIONS.—In this section, the terms 'eligible firm' and 
'Federal laboratory' have the meanings given such terms in section 
2521 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: 
"2518. Defense Advanced Manufacturing Technology Partnerships.". 
10 u s e 2518 
(b) ESTABUSHMENT OF INITIAL PARTNERSHIPS.—The Secretary of 
"°*®- 
Defense shall establish not less than two advanced 
manufacturing 
technology partnerships pursuant to section 2518 of title 10, United 
States Code, as added by subsection (a), not later than one year after 
the date of enactment of this Act. 
(c) FUNDING.—(1) Of the amounts authorized to be appropriated 
pursuant to section 203(a)(4XB), $25,000,000 shall be available for 
each of fiscal years 1992 and 1993 to carry out section 2518 of title 
10, United States Code, as added by subsection (a). 
(2) Of the amounts authorized to be appropriated pursuant to 
section 201, $5,000,000 shall be available for each of fiscal years 1992 
and 1993 for activities relating to advanced manufacturing 
tech-
nology that are carried out by United States industry, institutions of 
higher education in the United States, or Federal laboratories under 
the authority of bilateral or multilateral technology agreements 
entered into by the United States and other nations. The amount of 
such funds allocated for each such activity may not exceed one-third 
of the total estimated cost of carrjdng out that activity for the period 
for which the funds are to be provided. 
SEC. 824. MANUFACTURING EXTENSION PROGRAMS. 
(a) REVISION OF AUTHORITY.—Section 2517 of title 10, United 
States Code, is amended— 
(1) by inserting "(a)" before "The Secretary of Defense,"; 
(2) in the first sentence, by striking out "and other existing 
organizations" and all that follows through "manufactured 
parts"; 
(3) in the second sentence— 
(A) by inserting "and section 26" after "section 25"; and 
(B) by inserting "and 2781" after "278k"; and 
(4) by adding at the end the following new subsection: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1437 
"(bXD The Secretary of Defense, in consultation with the Sec-
retary of Commerce, shall establish a program— 
"(A) to support existing manufacturing extension programs of 
regions. States, local governments, and private, nonprofit 
organizations; 
"(B) to promote the development of a broad range of such 
programs that will benefit both the national security and the 
economic prosperity of the United States; and 
"(C) to increase the involvement of appropriate segments of 
the private sector in activities that improve the manufacturing 
quality, productivity, and performance of United States-based 
small manufacturing firms. 
"(2) In awarding financial assistance under the program, the 
Secretary, on the bsisis of merit pursuant to a competitive selection 
process, shall select manufacturing extension programs that dem-
onstrate evidence of the following: 
"(A) Comprehensive and high quality services, including staff 
with significant experience in industrial manufacturing. 
"(B) Significant involvement by, and support from, private 
industry. 
"(C) The potential for assisting a significant number of United 
States-based small manufacturing firms with a limited expendi-
ture of Federal funds. 
"(3)(A) The amount of financial assistance furnished to a manufac-
turing extension program under this subsection may not exceed the 
total amount provided by non-Federal Government participants in 
the program for the period for which the assistance is to be pro-
vided. Financial assistance shall be provided to a recipient program 
for a period of five years unless such financial assistance is earlier 
terminated for good cause. Recipients of such financial assistance 
shall be required to report to the Secretary annually beginning one 
year after the date that such financial sissistance is initiated. Such 
report shall include a description of the progress of the recipient 
program in meeting the objectives set out in paragraph (1). 
"(B) The Secretary of Defense shall require a major evaluation of 
each manufacturing extension program receiving financial assist-
ance under this subsection. The evaluation shall be conducted 
during the third year that such program receives such financial 
-assistance. If, on the basis of such evaluation, the Secretary finds 
that the financial assistance to the extension program should be 
terminated for good cause, the Secretary shall provide sufficient 
financial assistance to terminate that program. The amount of that 
assistance may not exceed the amount that would otherwise have 
been provided for continuing the financial assistance to the recipi-
ent program through the end of the fourth year. 
"(C) Subparagraphs (A) and (B) do not prohibit a recipient pro-
gram from reapplying for financial assistance under this subsection 
upon the expiration or termination of the furnishing of financial 
assistance under this subsection. The application for additional 
financial assistance shall be subject to the requirements and proce-
dures set out in this subsection in the same manner and to the same 
extent as initial applications for financisd assistance under this 
subsection. 
"(4) The Secretary of Defense and the Secretary of Commerce Contracts. 
shall enter into an agreement for carrying out the program estab-
lished pursuant to this subsection. The agreement shall include 
105 STAT. 1438 
PUBLIC LAW 102-190~DEC. 5, 1991 
procedures to ensure that the program is fully coordinated with 
related manufacturing programs of the Department of Commerce.". 
(h) DEFINITIONS.—Section 2511 of title 10, United States Code, is 
amended by striking out paragraph (2) and inserting in lieu thereof 
the following new paragraphs: 
"(2) The term 'manufacturing extension program' means a 
public or private, nonprofit program for the improvement of the 
quality, productivity, and performance of United States-based 
small manufacturing firms in the United States. 
"(3) The term 'United States-based small manufacturing firm* 
means a company or other business entity that, as determined 
by the Secretary of Commerce— 
"(A) engages in manufacturing; 
"(B) has less than 500 employees; 
"(C) conducts a significant level of its research, develop-
ment, engineering, and manufacturing activities in the 
United States; and 
"(D) is a company or other business entity the majority 
ownership or control of which is by United States citizens 
or is a company or other business entity of a parent com-
pany that is incorporated in a country the government of 
which— 
"(i) encourages the participation of firms so owned or 
controlled in research and development consortia to 
which the government of that country provides funding 
directly or provides funding indirectly through inter-
national organizations; and 
"(ii) affords adequate and effective protection for the 
intellectual property rights of companies incorporated 
in the United States.". 
(c) FUNDING.—Of the amounts authorized to be appropriated 
pursuant to section 201, $50,000,000 shall be available to carry out 
section 2517(b) of title 10, United States Code (as added by subsection 
(aX4)). 
SEC. 
8
2
5
. 
DEFENSE 
MANUFACTURING 
EDUCATION. 
(a) ESTABLISHMENT OF PROGRAMS.—(1) Chapter 111 of title 10, 
United States Ck)de, is amended by striking out section 2196 and 
inserting in lieu thereof the following: 
"§ 2196. Manufacturing engineering education: grant program 
"(a) EsTABUSHMENT OF GRANT PROGRAM.—(1) The Secretary of 
Defense shall establish a program under which the Secretary makes 
grants to support— 
"(A) the enhancement of existing programs in manufacturing 
engineering education; or 
"(B) the establishment of new programs in manufacturing 
engineering education that meet such requirements. 
"(2) Grants under this section may be made to institutions of 
higher education or to consortia of such institutions. 
(3) The Secretary shall establish the program in consultation 
with the Secretary of Education, the Director of the National Sci-
ence Foundation, and the Director of the Office of Science and 
Technology Policy. 
"(b) 
NEW PROGRAMS IN MANUFACTURING ENGINEERING EDU-
CATION.—A program in manufacturing engineering education to be 
established at an institution of higher education may be considered 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1439 
to be a new program for the purpose of subsection (a)(1)(B) regard-
less of whether the program is to be conducted— 
"(1) within an existing department in a school of engineering 
of the institution; 
"(2) within a manufacturing engineering department to be 
established separately from the existing departments within 
such school of engineering; or 
"(3) within a manufacturing engineering school or center to 
be established separately from an existing school of engineering 
of such institution. 
"(c) MINIMUM NUMBER OF GRANTS FOR NEW PROGRAMS.—Of the 
total number of grants awarded pursuant to this section, at least 
one-third shall be awarded for the purpose stated in subsection 
(a)(1)(B). 
"(d) GEOGRAPHICAL DISTRIBUTION OF GRANTS.—In awarding grants 
under this subsection, the Secretary shall, to the maximum extent 
practicable, avoid geographical concentration of grant awards. 
"(e) COORDINATION OF GRANT PROGRAM WITH THE NATIONAL SCI-
ENCE FOUNDATION.—The Secretary of Defense and the Director of Contracts. 
the National Science Foundation shall enter into an agreement for 
carrying out the grant program established pursuant to this section. 
The agreement shall include procedures to ensure that the grant 
program is fully coordinated with similar existing programs of the 
National Science Foundation. 
"(f) COVERED PROGRAMS.—(1) A program of engineering education 
supported with a grant awarded pursuant to this section shall meet 
the requirements of this section. 
"(2) Such a grant may be made for a program of education to be 
conducted at the undergraduate level, at the graduate level, or at 
both the undergraduate and graduate levels. 
"(g) COMPONENTS OF PROGRAM.—The program of education for 
which such a grant is made shall be a consolidated and integrated 
multidisciplinary program of education having each of the following 
components: 
"(1) Multidisciplinary instruction that encompasses the total 
manufacturing engineering enterprise and that may include— 
"(A) manufacturing engineering education and training 
through classroom activities, laboratory activities, thesis 
projects, individual or team projects, and visits to industrial 
facilities, consortia, or centers of excellence in the United 
States and foreign countries; 
"(B) faculty development programs; 
"(C) recruitment of educators highly qualified in manu-
facturing engineering; 
"(D) presentation of seminars, workshops, and training 
for the development of specific research or education skills; 
and 
"(E) activities involving interaction between the institu-
tion of higher education conducting the program and indus-
try, including programs for visiting scholars or industry 
executives. 
"(2) Opportunities for students to obtain work experience in 
manufacturing through such activities as internships, summer 
job placements, or cooperative work-study programs. 
"(3) Faculty and student research that is directly related to, 
and supportive of, the education of undergraduate or graduate 
105 STAT. 1440 
PUBLIC LAW 102-190—DEC. 5, 1991 
students in advanced manufacturing science and technology 
because of— 
"(A) the increased understanding of advanced manufac-
turing science and technology that is derived from such 
research; and 
"(B) the enhanced quality and effectiveness of the 
instruction that result from that increased understanding. 
"(h) GRANT PROPOSALS.—The Secretary of Defense, in coordination 
with the Director of the National Science Foundation, shall solicit 
from institutions of higher education in the United States (and from 
consortia of such institutions) proposals for grants to be made 
pursuant to this section for the support of programs of manufactur-
ing engineering education that are consistent with the purposes of 
this section. 
"(i) MERIT COMPETITION.—Applications for grants shall be evalu-
ated on the basis of merit pursuant to competitive procedures 
prescribed by the Secretary in consultation with the Director of the 
National Science Foundation. 
"(j) SELECTION CRITERIA.—The Secretary may select a proposal for 
the award of a grant pursuant to this section if the proposal, at a 
minimum, does each of the following: 
"(1) Contains innovative approaches for improving engineer-
ing education in manufacturing technology. 
"(2) Demonstrates a strong commitment by the proponents to 
apply the resources necessary to achieve the objectives for 
which the grant is to be made. 
"(3) Provides for the conduct of research that supports the 
instruction to be provided in the proposed program and is likely 
to improve manufacturing engineering and technology. 
"(4) Demonstrates a significant level of involvement of United 
States industry in the proposed instructional and research 
activities. 
"(5) Is likely to attract superior students. 
"(6) Proposes to involve fully qualified faculty personnel who 
are experienced in research and education in areas associated 
with manufacturing engineering and technology. 
"(7) Proposes a program that, within three years after the 
grant is made, is likely to attract from sources other than the 
Federal Government the financial and other support necessary 
to sustain such program. 
"(8) Proposes to achieve a significant level of participation by 
women, members of minority groups, and individuals with 
disabilities through active recruitment of students from among 
such persons, 
"(k) FEDERAL SUPPORT.—The amount of financial assistance fur-
nished to an institution under this section may not exceed 50 
percent of the estimated cost of carrying out the activities proposed 
to be supported in part with such financial assistance for the period 
for which the assistance is to be provided. 
"§ 2197. Manufacturing managers in the classroom 
"(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense, in 
consultation with the Secretary of Education and the Secretary of 
Commerce, shall conduct a program to support the following activi-
ties of one or more manufacturing managers and experts at institu-
tions of higher education: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1441 
"(1) Identifying the education and training requirements of 
United States manufacturing firms located in the same geo-
graphic region as an institution participating in the program. 
"(2) Assisting in the development of teaching curricula for 
classroom and in-factory education and training classes at such 
an institution. 
"(3) Teaching such classes and overseeing the teaching of such 
classes by others. 
"(4) Improving the knowledge and expertise of permanent 
faculty and staff of such an institution. 
"(5) Marketing the programs and facilities of such an institu-
tion to firms referred to in paragraph (1). 
"(6) Coordinating the activities described in the other provi-
sions of this subsection with other programs conducted by the 
Federal Government, any State, any local government, or any 
private, nonprofit organization to modernize United States 
manufacturing firms, especially the regional centers for the 
transfer of manufacturing technology and programs receiving 
financial assistance under section 2196 of this title. 
"(b) MERIT COMPETITION.—Applications for assistance under this 
section shall be evaluated on the basis of merit pursuant to competi-
tive procedures prescribed by the Secretary. 
"(c) SELECTION CRITERIA.—The Secretary shall select institutions 
for the award of financial assistance under this section from among 
institutions submitting applications for such assistance that— 
"(1) demonstrate that the proposed activities are of an appro-
priate scale and a sufficient quality to ensure long term 
improvement in the applicant's capability to serve the edu-
cation and training needs of United States manufacturing firms 
in the same region £is the applicant; 
"(2) demonstrate a significant level of industry involvement 
and support; 
"(3) demonstrate attention to the needs of any United States 
industries that supply manufactured products to the Depart-
ment of Defense or to a contractor of the Department of De-
fense; and 
"(4) meet such other criteria as the Secretary may prescribe. 
"(d) FEDERAL SUPPORT.—The amount of financial assistance fur-
nished to an institution under this section may not exceed 50 
percent of the estimated cost of carrying out the activities proposed 
to be supported in part with such financial assistance for the period 
for which the assistance is to be provided. In no event may the 
amount of the financial assistance provided to an institution exceed 
$250,000 per year. The period for which financial assistance is 
provided an institution under this section shall be at least two years 
unless such assistance is earlier terminated for cause determined by 
the Secretary. 
"§2199. Definitions 
"In this chapter: 
"(1) The term 'defense laboratory' means a laboratory oper-
ated 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. 
105 STAT. 1442 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(2) 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)). 
"(3) The term 'regional center for the transfer of manufactur-
ing technology' means a regional center for the transfer of 
manufacturing technology referred to in section 25(a) of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278k).". 
(2) The table of sections at the beginning of such chapter is 
amended by striking out the item relating to 2196 and inserting in 
lieu thereof the following: 
"2196. Manufacturing engineering education: grant program. 
"2197. Manufacturing managers in the classroom. 
"2199. Definitions.". 
10 use 2196 
(b) INITIAL IMPLEMENTATION; PRIORITY IN FUNDING.—Within one 
"°*®' 
year after the date of the enactment of this Act, the Secretary of 
Defense, in consultation with the Director of the National Science 
Foundation, shall award grants under section 2196 of title 10, 
United States Code (as added by subsection (a)), to institutions of 
higher education throughout the United States. 
(c) FUNDING.—Of the amounts authorized to be appropriated 
pursuant to section 201, there shall be available— 
(1) for the manufacturing engineering education grant pro-
gram established pursuant to section 2196 of title 10, United 
States Code (as added by subsection (a)), $25,000,000 for fiscal 
year 1992; and 
(2) for the manufacturing managers in the classroom program 
established pursuant to section 2197 of such title (as added by 
subsection (a)), $5,000,000 for fiscal year 1992. 
SEC. 826. COOPERATIVE AGREEMENTS AND 
OTHER TRANSACTIONS 
RELATING TO ADVANCED RESEARCH PROJECTS. 
(a) EXTENSION OF AUTHORITY TO MILITARY DEPARTMENTS.—Subsec-
tion (a) of 2371 of title 10, United States Code, is amended by 
inserting "and the Secretary of each military department, in carry-
ing out advanced research projects," after "Defense Advanced Re-
search Projects Agency,". 
(b) CONFORMING AMENDMENTS.—(1) Subsection (b) of such section 
is amended— 
(A) in paragraph (1), by striking out "by the Secretary"; and 
(B) in paragraph (2), by striking out "to the account' in the 
first sentence and inserting in lieu thereof "to the appropriate 
account". 
(2) Subsection (d) of such section is amended by striking out "The 
Secretary" after "(d)" and inserting in lieu thereof "The Secretary 
of Defense". 
(3) Subsection (e) of such section is amended— 
(A) by striking out "an account" and inserting in lieu thereof 
"separate accounts for each of the military departments and the 
Defense Advanced Research Projects Agency"; and 
(B) by striking out "such account' and inserting in lieu 
thereof "those accounts". 
(4) Subsection (fK5) of such section is amended by striking out "the 
account" and inserting in lieu thereof "each account". 
(c) AUTHORITY MADE PERMANENT.—Subsection (g) of such section 
is repealed. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1443 
SEC. 827. FLEXIBLE COMPUTER-INTEGRATED MANUFACTURING PRO-
GRAM. 
(a) PROGRAM REQUIRED.—The Secretary of Defense shall conduct a 
program for the development of advanced flexible capabilities for 
computer-integrated manufacturing and for the use of those 
capabilities throughout the Department of Defense and in commer-
cial entities that are part of the defense industrial base of the 
United States. 
(b) JOINT SERVICES CENTER.—(1) For the purposes of the program Establishment. 
under subsection (a), the Secretary of Defense shall establish a 
center, to be operated with the participation of the Army, Navy, Air 
Force, and Marine Corps, for the purposes set forth in paragraph (2). 
(2) The center established under paragraph (1) shall— 
(A) evaluate the potential for using flexible computer-in-
tegrated manufacturing (FCIM) technology (such as the tech-
nology from the Rapid Acquisition of Manufactured Parts 
(RAMP) program of the Navy) for previously unidentified ap-
plications at Department of Defense depot-level maintenance 
facilities; 
(B) provide the means for the rapid transfer of such tech-
nology (including technology from the RAMP program, if appro-
priate) within the Department of Defense; and 
(C) provide any Department of Defense depot-level mainte-
nance facility with technical guidance and support for initial 
training in the use of that technology and in the initial oper-
ation of that technology. 
(c) NAVY RAMP PROGRAM.—The Secretary of the Navy shall 
continue the program of the Navy designated as the Rapid Acquisi-
tion of Manufactured Parts (RAMP) program that is carried out to 
develop technologies and applications for the rapid acquisition of 
manufactured parts. For the purposes of that program, the Sec-
retary shall determine the number of naval aviation and ship 
maintenance facilities and depots at which RAMP capabilities can 
be established economically. 
(d) FUNDING.—(1) Of the amounts authorized to be appropriated 
pursuant to section 201 for fiscal years 1992 and 1993, $21,500,000 
shall be available for each such fiscal year for the program con-
ducted pursuant to subsection (a). 
(2) Of the amount available under paragraph (1) for each such 
fiscal year— 
(A) $4,000,000 shall be available to carry out subsection (b); 
(B) $7,500,000 shall be available to carry out subsection (c); 
and 
(C) $4,000,000 shall be available for a grant to the Institute for 
Advanced Flexible Manufacturing Systems. 
(e) PREVENTION OF DUPLICATION.—The Secretary of the Army and 
the Secretary of the Air Force may not carry out any activity to 
develop a capability for flexible computer-integrated manufacturing 
(1) that would substantially duplicate the existing capabilities of the 
Navy for flexible computer-integrated manufacturing, or (2) that 
can be achieved using the design of the Navy in existence as of the 
date of the enactment of this Act for a system for the rapid 
acquisition of manufactured parts (RAMP). 
105 STAT. 1444 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 828. UNITED STATES-JAPAN MANAGEMENT TRAINING PROGRAMS. 
(a) EsTABUSHMENT.—Chapter 111 of title 10, United States Code, 
as amended by section 825, is further amended by inserting after 
section 2197 the following new section: 
"§ 2198. Management training program in Japanese language and 
culture 
"(a) The Secretary of Defense, in coordination with the National 
Science Foundation, shall establish a program for the making of 
grants on a competitive basis to United States institutions of higher 
education and other United States not-for-profit organizations for 
the conduct of programs for scientists, engineers, and managers to 
learn Japanese language and culture. 
Regulations. 
"(b) The Secretary of Defense shall prescribe in regulations the 
criteria for awarding a grant under the program for activities of an 
institution or organization referred to in subsection (a), including 
the following: 
"(1) Whether scientists, engineers, and managers of defense 
laboratories and Department of Energy laboratories are per-
mitted a level of participation in such activities that is bene-
ficial to the development and application of defense critical 
technologies by such laboratories. 
"(2) Whether such activities include the placement of United 
States scientists, engineers, and managers in Japanese govern-
ment and industry laboratories— 
"(A) to improve the knowledge of such scientists, engi-
neers, and managers in (i) Japanese language and culture, 
and (ii) the research and development and management 
practices of such laboratories; and 
"(B) to provide opportunities for the encouragement of 
technology transfer from Japan to the United States. 
"(3) Whether an appropriate share of the costs of such activi-
ties will be paid out of funds derived from non-Federal Govern-
ment sources. 
"(c) In this section, the term 'defense critical technology' means a 
technology identified in an annual defense critical technologies plan 
submitted to the Congress under section 2522 of this title.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 2197 (as added by section 825) the following new item: 
"2198. Management training program in Japanese language and culture.". 
10 u s e 2192 
SEC. 829. DEPARTMENT OF DEFENSE SUPPORT FOR SCIENCE, MATHE-
note. 
MATICS, AND ENGINEERING EDUCATION. 
(a) SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION SUPPORT 
MASTER PLAN.—(1) At the same time that the President submits to 
Congress the budget for each of fiscal years 1993 through 1997 
pursuant to section 1105 of title 31, United States Code, the Sec-
retary of Defense shall submit to Congress a master plan for activi-
ties by the Department of Defense during the next fiscal year to 
support education in science, mathematics, and engineering at all 
levels of education in the United States. Each such plan shall be 
developed in consultation with the Secretary of Education. 
(2) The activities provided for in the plan submitted under para-
graph (1) for any fiscal year shall contribute to the achievement of 
the national education goals stated in the Report of the Committee 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1445 
on Education and Human Resources of the Federal Coordinating 
Council for Science, Engineering, and Technology that was submit-
ted to Congress with the submission of the budget for fiscal year 
1992. 
(3) Each such plan shall provide the basis for the Secretaries of the 
military departments and the heads of the Defense Agencies of the 
Department of Defense— 
(A) to define the programs of the military departments and 
Defense Agencies to support the achievement of the goals re-
ferred to in paragraph (2); and 
(B) to allocate resources for such programs. 
(b) CONTENT OF PLAN.—The plan under subsection (a) for a fiscal 
year shall include the following: 
(1) A description of each action for the improvement of sci-
entific, mathematics, and engineering education identified by 
the Secretary of Defense under sections 2191 through 2195 of 
title 10, United States Code, for such fiscal year and the funds 
that are provided in the budget for such fiscal year for such 
action. 
(2) The long-range goals and priorities of the Department of 
Defense for improving the Department's support for science, 
mathematics, and engineering education programs, including— 
(A) education programs within, or directly supported by, 
the Department of Defense; 
(B) education programs in other departments and agen-
cies of the Federal Government; 
(C) education programs at elementary, secondary, and 
postsecondary educational institutions; and 
(D) other programs within or supported by the Depart-
ment of Defense that are potentially capable of assisting 
local education agencies to integrate advanced technology 
into their classrooms that will improve student learning 
with science, mathematics, and engineering. 
(c) ROLE OF DIRECTOR, DEFENSE RESEARCH AND ENGINEERING.— 
Subject to the authority, direction, and control of the Secretary of 
Defense, the Director of Defense Research and Engineering shall 
perform the duties of the Secretary under this section. 
(d) IMPLEMENTATION REPORT.—Not later than March 15, 1992, the 
Secretary of Defense shgdl submit to Congress a report on steps 
taken by the Department of Defense to encourage science, mathe-
matics, and engineering teachers returning to the United States 
from teaching assignments in the Department of Defense Overseas 
Dependents School System to continue to teach in those subject 
areas in local education agencies and in military impact aid schools 
throughout the United States. 
PART D—OTHER DEFENSE INDUSTRIAL BASE MATTERS 
SEC. 8
3
1
. 
REQUIREMENT 
FOR 
SUBMITTAL 
OF 
PLANS 
RELATING 
TO 
THE 
IMPROVEMENT 
OF 
THE 
DEFENSE 
INDUSTRIAL 
BASE. 
(a) EVALUATION OF USE OF FOREIGN COMPONENTS BY DEFENSE 
INDUSTRIAL BASE.—(1) The Secretary of Defense shall submit to the 
congressional defense committees a plan for the collection and 
assessment of information on the extent to which the defense indus-
trial base of the United States— 
105 STAT. 1446 
PUBLIC LAW 102-190—DEC. 5, 1991 
(A) procures subsystems of weapon systems, components of 
weapon systems, and components of subsystems of weapon sys-
tems from foreign sources; and 
(B) is dependent upon those foreign sources for the procure-
ment of such subsystems and components. 
(2) The report shall be prepared in coordination with the Sec-
retary of Commerce and the United States Trade Representative. 
(3) The report shall be submitted not later than March 15, 1992. 
(b) IDENTIFICATION OF BARRIERS TO INTEGRATION OF COMMERCIAL 
AND DEFENSE INDUSTRIAL BASE.—(1) The Secretary of Defense shall 
submit to the congressional defense committees a plan for the 
removal of barriers to the effective integration of the commercial 
and defense sectors of the industrial base of the United States, 
(2) The plan shall include— 
(A) the Secretary's recommendations for any legislation nec-
essary to remove those barriers; 
(B) a discussion of the actions to be taken by the Secretary to 
remove those barriers; sind 
(C) a summary of the information relied on in the develop-
ment of the plan. 
(3) The Secretary shall designate an official within the Office of 
the Secretary of Defense to develop the plan. In developing the plan, 
that official shall, in consultation with appropriate representatives 
of other departments and agencies of the Federal Government, State 
and local governments, and the private sector, identify and evalu-
ate— 
(A) the areas of industrial production in which a greater 
integration of commercial and defense activities would be bene-
ficial for national defense purposes; 
(B) any Federal, State, and local statutes, regulations, £ind 
policies that are barriers to the integration of those activities; 
and 
(C) the actions necessary to remove the barriers to the 
integration of those activities. 
Reports. 
(4) The report shall be submitted not later than September 30, 
1992. 
10 use 113 
SEC. 832. REQUIREMENTS RELATING TO EUROPEAN MILITARY PROCURE-
note. 
MENT PRACTICES. 
(a) EUROPEAN PROCUREMENT PRACTICES.—The Secretary of 
De-
fense shall— 
(1) compute the total value of American-made military goods 
and services procured each year by European governments or 
companies; 
(2) review defense procurement practices of European govern-
ments to determine what factors are considered in the selection 
of contractors and to determine whether American firms are 
discriminated against in the selection of contractors for pur-
chases by such governments of military goods and services; and 
(3) establish a procedure for discussion with European govern-
ments about defense contract awards made by them that Amer-
ican firms believe were awarded unfairly. 
Ot)) DEFENSE TRADE AND COOPERATION WORKING GROUP.—The Sec-
retary of Defense shall establish a defense trade and cooperation 
working group. TTie purpose of the group is to evaluate the impact 
of, and formulate United States positions on, European initiatives 
that affect United States defense trade, cooperation, and technology 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1447 
security. In carrying out the responsibilities of the working group, 
members of the group shall consult, as appropriate, with personnel 
in the Departments of State and Commerce and in the Office of the 
United States Trade Representative. 
(c) GAO REVIEW.—The Comptroller General shall conduct a 
review to determine how the members of the North Atlantic Treaty 
Organization are implementing their bilateral reciprocal defense 
procurement memoranda of understanding with the United States. 
The Comptroller General shall complete the review, and submit to Reports. 
Congress a report on the results of the review, not later than 
February 1,1992. 
SEC. 833. BUY AMERICAN ACT WAIVER RESCISSIONS. 
41 USC lOb-2. 
(a) DETERMINATION BY THE SECRETARY OF DEFENSE.—(1) If 
the 
Secretary of Defense, after consultation with the United States 
Trade Representative, determines that a foreign country which is 
party to an agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain types of 
products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types 
of products produced in that foreign country. 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding between the 
United States and a foreign country pursuant to which the Sec-
retary of Defense has prospectively waived the Buy American Act 
for certain products in that country. 
(b) REPORT TO CONGRESS.—The Secretary of Defense shall submit 
to Congress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal years 1992 and 1993. Such 
report shall separately indicate the dollar value of items for which 
the Buy American Act was waived pursuant to any agreement 
described in subsection (a)(2), the Trade Agreement Act of 1979 (19 
U.S.C. 2501 et seq.), or any international agreement to which the 
United States is a party. 
(c) BUY AMERICAN ACT DEFINED.—For purposes of this section, the 
term "Buy American Act" means title III of the Act entitled "An 
Act making appropriations for the Treasury and Post Office Depart-
ments for the fiscal year ending June 30, 1934, and for other 
purposes", approved March 3,1933 (41 U.S.C. 10a et seq.). 
SEC. 8
3
4
. 
EXTENSION 
AND 
CLARIFICATION 
OF 
COVERAGE 
OF 
PROCURE-
MENT 
LIMITATION 
ON 
VALVES 
AND 
MACHINE 
TOOLS. 
(a) EXTENSION THROUGH FISCAL YEAR 1996.—Section 2507(d) of 
title 10, United States Code, is amended in paragraph (1) by striking 
out "During fiscal years 1989, 1990, and 1991," and inserting in lieu 
thereof "Effective through fiscal year 1996,". 
Ot)) APPLICABILITY.—Such section is further amended— 
(1) by striking out paragraph (4); 
(2) by redesignating paragraph (3) as paragraph (5); and 
(3) by inserting the following new paragraphs after paragraph 
(2): 
"(3) Contracts covered by paragraph (1) include the following: 
"(A) Contracts for the procurement of items described in 
paragraph (2) for use in any property under the control of the 
Department of Defense, including government-owned, contrac-
tor-operated facilities. 
105 STAT. 1448 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(B) Contracts entered into by contractors on behalf of the 
Department of Defense for the procurement of items described 
in paragraph (2) for the purposes of providing the items to other 
contractors as Government-furnished equipment. 
"(4) In any case in which a contract subject to the requirement of 
paragraph (1) includes the procurement of more than one Federal 
Supply Class of machine tools or machine tools and accessories 
described in paragraph (2), each supply class shall be evaluated 
separately for purposes of determining whether the limitation in 
this subsection applies.". 
SEC. 835. REVISION OF RESTRICTION ON PROCUREMENT OF CARBONYL 
IRON POWDERS. 
Section 2507(e) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking out "The Secretary" and 
inserting in lieu thereof "Until January 1, 1993, the Secretary"; 
(2) by striking out paragraph (3); 
(3) in paragraph (4)(A), by striking out "by an entity" and all 
that follows and inserting in lieu thereof a period; and 
(4) by redesignating paragraph (4) as paragraph (3). 
SEC. 836. TECHNICAL 
CORRECTION 
RELATING 
TO 
PARTNERSHIP 
INTERMEDIARIES. 
Section 21(a) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3715) is amended by inserting after "federally 
funded research and development center", the following: "that is 
not a laboratory (as defined in section 12(d)(2))". 
PART E—MISCELLANEOUS ACQUISITION POLICY MATTERS 
SEC. 841. REQUIREMENT FOR PURCHASE OF GASOHOL IN FEDERAL FUEL 
PROCUREMENTS WHEN PRICE IS COMPARABLE. 
(a) REQUIREMENT.—Section 2398 of title 10, United States Code, is 
amended— 
(1) by inserting "(a) DOD MOTOR VEHICLES.—" before "To the 
maximum extent"; and 
(2) by adding at the end the following subsections: 
"(b) OTHER FEDERAL FUEL PROCUREMENTS.—Consistent with the 
vehicle management practices prescribed by the heads of affected 
departments and agencies of the Federal Government and con-
sistent with Executive Order Number 12261, whenever the Sec-
retary of Defense enters into a contract for the procurement of 
unleaded gasoline that is subject to tax under section 4081 of the 
Internal Revenue Code of 1986 for motor vehicles of a department or 
agency of the Federal Government other than the Department of 
Defense, the Secretary shall buy alcohol-gasoline blends containing 
at least 10 percent domestically produced alcohol in any case in 
which the price of such fuel is the same as, or lower than, the price 
of unleaded gasoline. 
"(c) SOLICITATIONS.—Whenever the Secretary issues a solicitation 
for bids to procure unleaded gasoline under subsection (b), the 
Secretary shall expressly include in such solicitation a request for 
bids on alcohol-gasoline blends containing at least 10 percent domes-
tically produced alcohol.". 
10 use 2398 
(b) EFFECTIVE DATE.—Section 2398(b) of title 10, United States 
"°^^ 
Code, as added by subsection (a), shall apply with respect to con-
tracts awarded pursuant to solicitations issued after the expiration 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1449 
of the 180-day period beginning on the date of the enactment of this 
42 use 8871 
Act. 
"°*^-
(c) REPORT ON EXEMPTIONS.—The Secretary of Defense shall 
review all exemptions granted for the Department of Defense, and 
the Administrator of the General Services Administration shall 
review all exemptions granted for Federal agencies and depart-
ments, to the requirements of section 2398 of title 10, United States 
Code, and section 271 of the Energy Security Act (Public Law 96-
294; 42 U.S.C. 8871) and shall terminate any exemption that the 
Secretary or the Administrator determines is no longer appropriate. 
Not later than 90 days after the date of the enactment of this Act, 
the Secretary and the Administrator shall submit jointly to Con-
gress a report on the results of the review, with a justification for 
the exemptions that remain in effect under those provisions of law. 
(d) SENSE OF CONGRESS.—It is the sense of Congress that whenever 42 use 8871 
any motor vehicle capable of operating on gasoline or alcohol- "°*^ 
gasoline blends that is owned or operated by the Department of 
Defense or any other department or agency of the Federal Govern-
ment is refueled, it shall be refueled with an alcohol-gasoline blend 
containing at least 10 percent domestically produced alcohol if 
available along the normal travel route of the vehicle at the same or 
lower price than unleaded gasoline. 
SEC. 842. PROMPT PAYMENT FOR PURCHASE OF FISH. 
Section 3903(a)(2) of title 31, United States Code, is amended— 
(1) by striking out "provide" and inserting in lieu thereof "or 
of fresh or frozen fish (as defined in section 204(3) of the Fish 
and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), provide"; 
and 
(2) by striking out "meat or meat food product" and inserting 
in lieu thereof "meat, meat food product, or fish". 
SEC. 843. WHISTLEBLOWER PROTECTIONS FOR 
MEMBERS OF THE 
10 USC 1034 
ARMED FORCES. 
note. 
(a) REGULATIONS REQUIRED.—The Secretary of Defense shall pre-
scribe regulations prohibiting members of the Armed Forces from 
taking or threatening to take any unfavorable personnel action, or 
withholding or threatening to withhold a favorable personnel 
action, as a reprisal against any member of the Armed Forces for 
making or preparing a lawful communication to any employee of 
the Department of Defense or any member of the Armed Forces who 
is assigned to or belongs to an organization which has as its primary 
responsibility audit, inspection, investigation, or enforcement of any 
law or regulation. 
(b) VIOLATIONS BY PERSONS SUBJECT TO THE UCMJ.—The Secretary 
shall provide in the regulations that a violation of the prohibition by 
a person subject to chapter 47 of title 10, United States Code (the 
Uniform Code of Military Justice), is punishable as a violation of 
section 892 of such title (article 92 of the Uniform Code of Military 
Justice). 
(c) DEADLINE.—The regulations required by this section shall be 
prescribed not later than 180 days after the date of the enactment of 
this Act. 
105 STAT. 1450 
PUBLIC LAW 102-190—DEC. 5, 1991 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 
AND MANAGEMENT 
PART A—GENERAL MATTERS 
SEC. 901. POSITION OF DEPUTY UNDER SECRETARY OF DEFENSE FOR 
POLICY. 
(a) ESTABLISHMENT.—(1) Chapter 4 of title 10, United States Code, 
is amended by inserting after section 134 the following new section: 
"§ 134a. Deputy Under Secretary of Defense for Policy 
"(a) There is a Deputy Under Secretary of Defense for Policy, 
appointed from civilian life by the President, by and with the advice 
and consent of the Senate. 
"(b) The Deputy Under Secretary of Defense for Policy shall assist 
the Under Secretary of Defense for Policy in the performance of his 
duties. The Deputy Under Secretary of Defense for Policy shall act 
for, and exercise the powers of, the Under Secretary when the 
Under Secretary is absent or disabled.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 134 the 
following: 
"134a. Deputy Under Secretary of Defense for Policy.". 
OJ) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, United 
States Code, is amended by adding at the end the following: 
"Deputy Under Secretary of Defense for Policy.". 
SEC. 902. CINC INITIATIVE FUND. 
(a) IN GENERAL.—Chapter 6 of title 10, United States Code, is 
amended by inserting after section 166 the following new section: 
"§ 166a. Combatant commands: funding through the Chairman of 
Joint Chiefs of Staff 
"(a) CINC INITIATIVE FUND.—From funds made available in any 
fiscal year for the budget account in the Department of Defense 
known as the 'CINC Initiative Fund', the Chairman of the Joint 
Chiefs of Staff may provide funds, upon request, to the commanders 
of the combatant commands. The Chairman may provide such funds 
for any of the activities named in subsection (b)-
"(b) AUTHORIZED ACTIVITIES.—Activities for which funds may be 
provided under subsection (a) are the following: 
"(1) Force training. 
"(2) Contingencies. 
"(3) Selected operations. 
"(4) Command and control. 
"(5) Joint exercises (including activities of participating for-
eign countries). 
"(6) Humanitarian and civil assistance. 
"(7) Military education and training to military and related 
civilian personnel of foreign countries. 
"(8) Personnel expenses of defense personnel for bilateral or 
regional cooperation programs. 
"(c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in 
considering requests for funds in the CINC Initiative Fund, should 
give priority consideration to requests for funds to be used for 
activities that would enhance the war fighting capability, readiness. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1451 
and sustainability of the forces assigned to the commander request-
ing the funds. 
'*(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided by 
the Chairman of the Joint Chiefs of Staff during any fiscal year out 
of the CINC Initiative Fund for an activity referred to in subsection 
Qo) shall be in addition to amounts otherwise available for that 
activity for that fiscal year. 
"(e) LIMITATIONS.—(1) Of funds made available under this section 
for any fiscal year— 
"(A) not more than $7,000,000 may be used to purchase items 
with a unit cost in excess of $15,000; 
"(B) not more than $1,000,000 may be used to pay for any 
expenses of foreign countries participating in joint exercises as 
authorized by subsection (bX5); and 
"(C) not more than $500,000 may be used to provide military 
education and training to military and related civilian person-
nel of foreign countries as authorized by subsection (bXV. 
"(2) Funds may not be provided under this section for any activity 
that has been denied authorization by Congress. 
"(f) INCLUSION OF NORAD.—For purposes of this section, the 
Commander, United States Element, North American Aerospace 
Defense Command shall be considered to be a commander of a 
combatant command.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 166 the following new item: 
"166a. Combatant commands: funding through the Chairman of Joint Chiefs of 
Staff.". 
SEC. 903. ESTABLISHMENT OF GENERAL COUNSELS OF THE MILITARY 
DEPARTMENTS AT LEVEL IV OF THE EXECUTIVE SCHEDULE. 
(a) STATUTORY PAY GRADE.—Chapter 53 of title 5, United States 
Code, is amended— 
(1) by adding at the end of section 5315 the following: 
"(Jeneral Counsel of the Department of the Army. 
"Greneral Counsel of the Department of the Navy. 
"General Counsel of the Department of the Air Force."; and 
(2) in section 6316— 
(A) by striking out the following: 
"Greneral Counsel of the Department of the Air Force. 
"General Counsel of the Department of the Army."; and 
(B) by striking out the following: 
"General Counsel of the Department of the Navy.". 
(b) CONFORMING AMENDMENT.—Section 703(b) of the National De-
fense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 
Stat. 1996; 5 U.S.C. 5316 note), is repealed. 
SEC. 904. REPEAL OF REQUIRED REDUCTION IN DEFENSE ACQUISITION 
WORKFORCE. 
Section 905 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1621) is repealed. 
lO USC 1721 
105 STAT. 1452 
PUBLIC LAW 102-190—DEC. 5, 1991 
PART B—PROFESSIONAL MILITARY EDUCATION 
SEC. 911. AUTHORITY TO HIRE CIVILIAN FACULTY MEMBERS FOR THE 
INSTITUTE FOR NATIONAL STRATEGIC STUDY. 
Section 1595(d) of title 10, United States Code, is amended by 
inserting "the Institute for National Strategic Study," after "Armed 
Forces Staff College,". 
SEC. 912. DEFINITION OF THE PRINCIPAL COURSE OF INSTRUCTION AT 
THE ARMED FORCES STAFF COLLEGE. 
(a) PRINCIPAL COURSE OF INSTRUCTION DEFINED.—Section 663(e) of 
title 10, United States Code, is amended— 
(1) by inserting "(1)" before "The"; and 
(2) by adding at the end the following new parsigraph: 
"(2) In this subsection, the term 'principal course of instruction' 
means any course of instruction offered at the Armed Forces Staff 
College as Phase II joint professional military education.". 
10 use 663 
(b) APPUCATION OF AMENDMENT.—The amendment made by 
"°*®- 
subsection (aX2) shall not apply with respect to the Armed Forces 
Staff College until October 1,1993. 
PART C—INTELLIGENCE MATTERS 
10 use 201 
SEC. 921. DEFENSE INTELLIGENCE AGENCY. 
(a) SuPERVisiON.^Subject to the authority, direction, and control 
of the Secretary of Defense, the Assistant Secretary of Defense 
referred to in section 136(bX3) of title 10, United States Code, may 
during the period beginning on the date of the enactment of this Act 
and ending on January 1, 1993, be assigned supervision of the 
Defense Intelligence Agency but, notwithstanding any other provi-
sion of law, may not be assigned day-to-day operational control over 
the Defense Intelligence Agency. 
(b) RESPONSIBIUTIES OF DIRECTOR.—Subject to the authority, direc-
tion, and control of the Secretary of Defense, the responsibilities of 
the Director of the Defense Intelligence Agency during the period 
beginning on the date of the enactment of this Act and ending on 
January 1,1993, shall include the following: 
(1) Providing intelligence and intelligence support to— 
(A) the Secretary of Defense; 
(B) the Director of Central Intelligence; 
(C) the Chairman of the Joint Chiefs of Staff; and 
(D) the commanders of the unified and specified combat-
ant commands. 
(2) Managing the CJeneral Defense Intelligence Program, 
including— 
(A) preparing, reviewing, and submitting to the Secretary 
of Defense and the Director of Central Intelligence the 
budget proposal for that program for any fiscal year; and 
(B) supervising the overall execution of the budgets and 
programs of all functional areas within the General De-
fense Intelligence Program, with emphasis on science and 
technology activities, human intelligence activities, and im-
agery activities. 
(3) Ensuring that the roles and authorities of the functional 
managers within the Defense Intelligence Agency are strong 
enough to ensure that those managers have a significant role in 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1453 
the preparation, review, approval, and supervision of the overall 
execution of the budgets and programs within their areas of 
responsibility. 
The provision of substantive intelligence by the Director to the 
officers named in paragraph (1) shall not be subject to prior screen-
ing by any other official. 
(c) TRANSFER OF CERTAIN ACTIVITIES TO DIA.—The Secretary of 
the Army and the Director of the Defense Intelligence Agency shall 
take all required actions, including transfer of all necessary re-
sources, in order to transfer the Armed Forces Medical Intelligence 
Center and the Missile and Space Intelligence Center from the 
Department of the Army to the control of the Defense Intelligence 
Agency. Transfers pursuant to the preceding sentence shall be 
completed not later than January 1,1992. 
SEC. 922. CONSULTATION REQUIRED CONCERNING APPOINTMENT OF 
DIRECTORS OF DIA AND NSA. 
(a) IN GENERAL.—Subchapter II of chapter 8 of title 10, United 
States Code, is amended— 
(1) by redesignating section 201 as section 202; and 
(2) by inserting after the table of sections at the beginning of 
such subchapter the following new section 201: 
"§ 201. Consultation regarding appointment of certain intelligence 
officials 
"Before submitting a recommendation to the President regarding 
the appointment of an individual to the position of Director of the 
Defense Intelligence Agency or Director of the National Security 
Agency, the Secretary of Defense shall consult with the Director of 
Central Intelligence regarding the recommendation.". 
Qo) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such subchapter is amended by striking out the item relating to 
section 201 and inserting in lieu thereof the following: 
"201. Consultation regarding appointment of certain intelligence officials. 
"202. Unauthorized use of Defense Intelligence Agency name, initials, or seal.". 
SEC. 923. JOINT INTELLIGENCE CENTER. 
10 USC 201 
(a) REQUIREMENT FOR CENTER.—The Secretary of Defense shall 
direct the consolidation of existing single-service current intel-
ligence centers that are located within the District of Columbia or 
its vicinity into a joint intelligence center that is responsible for 
preparing current intelligence assessments (including indications 
and warning). The joint intelligence center shall be located within 
the District of Columbia or its vicinity. As appropriate for the 
support of military operations, the joint intelligence center shall 
provide for and manage the collection and analysis of intelligence. 
(b) MANAGEMENT.—The center shall be managed by the Defense 
Intelligence Agency in its capacity as the intelligence staff activity 
of the Chairman of the Joint Chiefs of Staff. 
(c) RESPONSIVENESS TO COMMAND AUTHORITIES.—The Secretary 
shall ensure that the center is fully responsive to the intelligence 
needs of the Secretary, the Chairman of the Joint Chiefs of Staff, 
and the commanders of the combatant commands. 
105 STAT. 1454 
PUBLIC LAW 102-190—DEC. 5, 1991 
10 use 113 
SEC. 924. DEPARTMENT OF DEFENSE USE OF NATIONAL INTELLIGENCE 
note. 
COLLECTION SYSTEMS. 
(a) PROCEDURES FOR USE.—The Secretary of Defense, after con-
sultation with the Director of Central Intelligence, shall prescribe 
procedures for regularly and periodically exercising national intel-
ligence collection systems and exploitation organizations that would 
be used to provide intelligence support, including support of the 
combatant commands, during a war or threat to national security. 
Qo) USE IN JOINT TRAINING EXERCISES.—In accordance with proce-
dures prescribed under subsection (a), the Chairman of the Joint 
Chiefs of Staff shall provide for the use of the national intelligence 
collection systems and exploitation organizations in joint training 
exercises to the extent necessary to ensure that those systems and 
organizations are capable of providing intelligence support, includ-
ing support of the combatant commands, during a war or threat to 
national security. 
(c) REPORT.—Not later than May 1, 1992, the Secretary of Defense 
and the Director of Central Intelligence shall submit to the congres-
sional defense committees, the Select Committee on Intelligence of 
the Senate, and the Permanent Select Committee on Intelligence of 
the House of Representatives a joint report— 
' (1) describing the procedures prescribed under subsection (a); 
and 
(2) stating the assessment of the Chairman of the Joint Chiefs 
of Staff of the performance in joint training exercises of the 
national intelligence collection systems and the Chairman's 
recommendations for any changes that the Chairman considers 
appropriate to improve that performance. 
TITLE X—GENERAL PROVISIONS 
PART A—FINANCIAL AND BUDGET MATTERS 
SEC. 1001. 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 
division for fiscal year 1992 between any such authorizations for 
that fiscal year (or any subdivisions thereof). Amounts of authoriza-
tions 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 $2,250,000,000. 
QD) 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 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1455 
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. 1002. DATE FOR TRANSMITTAL OF JOINT OMB/CBO ANNUAL OUTLAY 
REPORT. 
(a) CODIFICATION AND CHANGE IN DATE.—(1) Subtitle A of title 10, 
United States Code, is amended by striking out chapter 9 and 
inserting in lieu thereof the following: 
"CHAPTER 9--DEFENSE BUDGET MATTERS 
"Sec. 
"221. Scoring of outlays. 
"§ 221. Scoring of outlays 
"(a) ANNUAL OMB/CBO REPORT.—Not later than the day on 
which the budget for any fiscal year is submitted to Congress 
pursuant to section 1105 of title 31, the Director of the Office of 
Management and Budget and the Director of the Congressional 
Budget Office shall submit to the Speaker of the House of Rep-
resentatives and the Committees on Armed Services, Appropria-
tions, and the Budget of the Senate a joint report containing an 
agreed resolution of all differences between— 
"(1) the technical assumptions to be used by the Office of 
Management and Budget in preparing estimates with respect to 
all accounts in major functional category 050 (National Defense) 
for that budget; and 
"(2) the technical assumptions to be used by the Congressional 
Budget Office in preparing estimates with respect to those 
accounts for that budget. 
"(b) USE OF AVERAGES.—If the two Directors are unable to agree 
upon any technical assumption, the report shall reflect the average 
of the relevant outlay rates or assumptions used by the two offices. 
"(c) MATTERS TO BE INCLUDED.—The report with respect to a 
budget shall identify the following: 
"(1) The agreed first-year and outyear outlay rates for each 
account in budget function 050 (National Defense) for each 
fiscal year covered by the budget. 
"(2) The agreed amount of outlays estimated to occur from 
unexpended appropriations made for fiscal years before the 
fiscal year that begins after submission of the report.". 
(2) The tables of chapters at the beginning of subtitle A, and at the 
beginning of part I of subtitle A, of title 10, United States Code, are 
each amended by striking out the item relating to chapter 9 and 
inserting in lieu thereof the following: 
"9. Defense Budget Matters 
221". 
(b) CONFORMING AMENDMENTS.—Section 5 of Public Law 101-189 
(10 U.S.C. 114a note; 103 Stat. 1364) is amended— 
(1) by striking out subsection (a); 
(2) by redesignating subsection (la) as subsection (a) and in that 
subsection striking out "subsection (iXD" and inserting in lieu 
thereof "section 221 of title 10, United States Code,"; and 
(3) by redesignating subsection (c) as subsection (b). 
105 STAT. 1456 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 1003. FOREIGN NATIONAL EMPLOYEES SEPARATION PAY ACCOUNT. 
(a) EsTABUSHMENT OF ACCOUNT.—(1) Chapter 81 of title 10, United 
States Code, is amended by inserting before section 1583 the follow-
ing new section: 
"§ 1581. Foreign National Employees Separation Pay Account 
"(a) ESTABLISHMENT AND PURPOSE.—There is established on the 
books of the Treasury an account to be known as the 'Foreign 
National Employees Separation Pay Account, Defense'. The account 
shall be used for the accumulation of funds to finance obligations of 
the United States for separation pay for foreign national employees 
of the Department of Defense. 
"Oo) DEPOSITS INTO ACCOUNT.—(1) The Secretary of the Treasury 
shall deposit into the account all amounts that were obligated by the 
Secretary of Defense before the date of the enactment of this section 
and that remain unexpended for separation pay for foreign national 
employees of the Department of Defense. 
"(2) The Secretary of Defense shall deposit into the account from 
applicable appropriations all amounts obligated on or after the date 
of the enactment of this section for separation pay for foreign 
national employees of the Department of Defense. 
"(c) PAYMENTS FROM ACCOUNT.—Amounts in the account shall 
remain available for expenditure in accordance with the purpose for 
which obligated until expended. 
"(d) DEOBLIGATED FUNDS.—Any amount in the account that is 
deobligated shall be available for a period of two years from the date 
of deobligation for recording, adjusting, and liquidating amounts 
properly chargeable to the liability of the United States for«which 
the obligation was made. Any such deobligated amount remaining 
at the end of such two-year period shall be canceled. 
"(e) EMPLOYEES COVERED.—This section applies only with respect 
to separation pay of foreign nationals employed by the Department 
of Defense under any of the following agreements that provide for 
pajonent of separation pay: 
"(1) A contract. 
"(2) A treaty. 
"(3) A memorandum of understanding with a foreign nation.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting before the item relating to section 1583 the 
following new item: 
"1581. Foreign National Employees Separation Pay Account.". 
(b) CONFORMING AMENDMENTS.—Section 1592 of title 10, United 
States Code, is amended— 
(1) by inserting "(including funds in the Foreign National 
Employees Separation Pay Account, Defense, established under 
1581 of this title)" after "Funds available to the Department of 
Defense"; and 
(2) by striking out "a contract performed in a foreign country" 
and inserting in lieu thereof "a contract, a treaty, or a memo-
randum of understanding with a foreign nation that provides 
for payment of separation pay". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1457 
SEC. 1004. REVISION OF REPORTING REQUIREMENT REGARDING THE 
EFFECT OF CERTAIN PAYMENTS AND ADJUSTMENTS ON THE 
FEDERAL DEFICIT. 
(a) TEMPORARY REQUIREMENT FOR O M B REPORT.—At the same 3i use 1554 
time that the President submits to Congress the budget for each of ^lot^ 
fiscal years 1993, 1994, 1995, and 1996 under section 1105 of title 31, 
United States Code, the Director of the Office of Management and 
Budget shall submit to Congress a report regarding the effect on the 
Federal deficit of payments and adjustments made with respect to 
sections 1552 and 1553 of such title for the fiscal year in which such 
budget is submitted, the fiscal year preceding that fiscal year, and 
the fiscal year covered by that budget. The report shall include 
separate estimates for the accounts of each agency. 
(h) ELIMINATION OF PERMANENT REQUIREMENT FOR C B O REPORT.— 
Section 1554 of title 31, United States Code, is amended— 
(1) by striking out subsection (c); and 
(2) by redesignating subsection (d) as subsection (c). 
SEC. 1005. INCORPORATION OF CLASSIFIED ANNEX. 
10 USC 114 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex prepared 
by the Committee of Conference to accompany the conference report 
on the bill H.R. 2100 of the One Hundred Second Congress and 
transmitted to the President is hereby incorporated into this Act. 
OD) 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) LIMITATION ON USE OF FUNDS.—Funds appropriated pursuant 
to an authorization contained in this Act that are made available for 
a program, project, or activity referred to in the Classified Annex 
may only be expended for such program, project, or activity in 
accordance with such terms, conditions, limitations, restrictions, 
and requirements as are set out for that program, project, or activity 
in the Classified Annex. 
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall pro-
vide for appropriate distribution of the Classified Annex, or of 
appropriate portions of the annex, within the executive branch of 
the Government. 
PART B—NAVAL VESSELS AND RELATED MATTERS 
SEC. 1011. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND 
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED 
PRODUCTION AND SERVICES. 
Section 1425 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended— 
(1) in subsection (a), by striking out "During fiscal year 1991, 
naval" and inserting in lieu thereof "Naval"; 
(2) by adding at the end the following new subsection: 
"(e) EXPIRATION OF AUTHORITY.—The authority provided by this 
section expires on September 30,1992."; 
and 
(3) by striking out "DURING FISCAL YEAR 1991" in the section 
heading. 
SEC. 1012. TRANSFER OF OBSOLETE AIRCRAFT CARRIER ORISKANY. 
(a) AUTHORITY.—Notwithstanding subsections (a) and (c) of section 
7308 of title 10, United States Code, but subject to subsection (b) of 
105 STAT. 1458 
PUBLIC LAW 102-190—DEC. 5, 1991 
that section, the Secretary of the Navy may transfer the obsolete 
aircraft carrier Oriskany (CV 34) to the nonprofit organization City 
of America for cultural and educational purposes. 
(b) LIMITATION.—The transfer authorized by subsection (a) may be 
made only if the Secretary of the Navy determines that the vessel is 
of no further use to the United States for national security purposes. 
(c) RESTRICTIONS ON TRANSFER.—The transfer authorized by 
subsection (a) may not be made until— 
(1) the United States has received from or on behalf of the 
City of America an amount not less than the estimated scrap 
value of the vessel (as determined by the Secretary of the Navy) 
that would otherwise be received by the United States if the 
vessel were not transferred pursuant to this section; and 
(2) City of America has agreed in writing that all work 
necessary to restore the Oriskany will be performed in United 
States shipyards. 
(d) TERMS AND CONDITIONS.—The Secretary of the Navy may 
require such terms and conditions in connection with the transfer 
authorized by this section as the Secretary considers appropriate. 
SEC. 1
0
1
3
. 
TRANSFER 
OF 
OBSOLETE 
RESEARCH 
VESSEL 
GYRE. 
(a) AUTHORITY TO TRANSFER VESSEL.—Notwithstanding subsec-
tions (a) and (c) of section 7308 of title 10, United States Code, but 
subject to subsection Ot)) of that section, the Secretary of the Navy 
may transfer the obsolete research vessel Gyre to the Texas Agricul-
tural and Mechanical University for education and research pur-
poses. 
OJ) LIMITATION.—The transfer authorized by subsection (a) may be 
made only if the Secretary determines that the vessel Gyre is of no 
further use to the United States for national security purposes. 
(c) TERMS AND CONDITIONS.—The Secretary may require such 
terms and conditions in connection with the transfer authorized by 
this section as the Secretary considers appropriate. 
SEC. 1014. REPORT ON CRITERIA USED BY NAVY FOR RECOMMENDING 
APPROVAL OF SUBMARINE EXPORT LICENSE. 
Not later than four months after the date of the enactment of this 
Act, the Secretary of the Navy shall submit to the congressional 
defense committees a report on the matters that would be taken into 
account and the criteria that would be used by the Secretary in 
determining whether to recommend to the Secretary of State that a 
license for the export of a submarine constructed in the United 
States be granted to the applicant for the license. 
SEC. 1015. FAST SEALIFT PROGRAM. 
10 use 7291 
Section 1424 of Public Law 101-510 (104 Stat. 1683) is amended by 
^°^- 
adding at the end of subsection (b) the following: 
"(4) The vessels constructed under the program shall incor-
porate propulsion systems, bridge and machinery control sys-
tems, and interior communications equipment manufactured in 
the United States.". 
SEC. 1016. OVERHAUL OF THE U.S.S. JOHN F. KENNEDY (CV-67). 
(a) OVERHAUL REQUIRED.—The Secretary of the Navy shall, sub-
ject to amounts provided in appropriations Acts, carry out a complex 
overhaul of the U.S.S. John F. Kennedy at the Philadelphia Naval 
Shipyard. In carrying out the overhaul, the Secretary shall plan the 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1459 
start of the overhaul for September 1993 and shall manage the 
overhaul project so that the duration of the overhaul is approxi-
mately 24 months and the cost of the overhaul is approximately 
$491,300,000. 
flj) USE OF UNOBLIGATED FISCAL YEAR 1991 FUNDS.—From funds 
appropriated for shipbuilding and conversion for the Navy for fiscal 
year 1991 for the service life extension of the U.S.S. John F. 
Kennedy that remain unobligated, the Secretary of the Navy may 
use such amounts as may be provided in appropriations Acts, not to 
exceed $105,000,000, for the complex overhaul of the U.S.S. John F. 
Kennedy at Philadelphia Naval Shipyard. 
(c) USE OF AUTHORIZED APPROPRIATIONS.—(1) Of the amounts au-
thorized to be appropriated for the Navy for operation and mainte-
nance for each of fiscal years 1992 and 1993, the following amounts 
shall be made available only for overhaul of the U.S.S. John F. 
Kennedy pursuant to this section: 
(A) For fiscal year 1992, $16,000,000. 
(B) For fiscal year 1993, $252,000,000. 
(2) Of the amounts authorized to be appropriated for the Navy for 
other procurement for each of fiscal years 1992 and 1993, the 
following amounts shall be made available only for overhaul of the 
U.S.S. John F. Kennedy pursuant to this section: 
(A) For fiscal year 1992, $12,300,000. 
(B) For fiscal year 1993, $33,600,000. 
(3) Of amounts authorized to be appropriated for the Department 
of Defense, not more than $491,300,000 may be expended on the 
complex overhaul of the U.S.S. John F. Kennedy at the Philadelphia 
Naval Shipyard. 
(d) REPEAL OF RELATED PROVISION.—Section 203 of Public Law 
102-27 (105 Stat. 139) is repealed. 
SEC. 1017. INAPPLICABILITY TO INFLATABLE BOATS OF RESTRICTION ON 
CONSTRUCTION IN FOREIGN SHIPYARDS. 
Section 7309 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
"(d) An inflatable boat or a rigid inflatable boat, as defined by the 
Secretary of the Navy, is not a vessel for the purpose of the 
restriction in subsection (a).". 
PART C—GUARD AND RESERVE MATTERS 
SEC. 1021. PROHIBITION RELATING TO DEACTIVATION OF NAVAL RE-
SERVE HELICOPTER MINE COUNTERMEASURES SQUADRONS. 
Funds appropriated or otherwise made available for the Depart-
ment of Defense for fiscal years before fiscal year 1994 may not be 
used to deactivate Naval helicopter mine countermeasures squad-
rons HM-18 and HM-19 as units in the Naval Reserve. 
SEC. 1
0
2
2
. 
REPEAL 
OF 
REQUIREMENT 
FOR 
TRANSFER 
OF 
CERTAIN 
A
I
R
-
CRAFT 
TO 
AIR 
FORCE 
RESERVE 
COMPONENTS. 
Section 1436 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1688) is repealed. 
105 STAT. 1460 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 1023. AUTHORITY TO WAIVE REQUIREMENT TO TRANSFER TACTICAL 
AIRLIFT MISSION TO RESERVE COMPONENTS. 
(a) WAIVER AUTHORITY.—Section 1438 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1689) is amended— 
(1) in subsection (a), by striking out "Not later than Septem-
ber 30, 1992, the Secretary of Defense shall assign the tactical 
airlift mission of the Department of Defense" and inserting in 
lieu thereof "The Secretary of the Air Force shall assign the 
tactical airlift mission of the Air Force"; and 
(2) by adding at the end the following new subsection: 
"(d) The Secretary of the Air Force may waive subsection (a) for 
any fiscal year if, not later than May 1 of the year in which that 
fiscal year begins, the Secretary certifies to the congressional de-
fense committees that— 
"(1) the requirements for tactical airlift capability of the 
commanders of the unified commands during that fiscal year 
require continued operation of tactical airlift aircraft by active 
duty Air Force units; and 
"(2) the budget submitted to Congress pursuant to section 
1105(a) of title 31, United States Code, for that fiscal year and 
the multiyear defense program submitted to CJongress in 
connection with that budget pursuant to section 114a of title 10, 
United States C!ode, propose sufficient funding to procure tac-
tical airlift aircraft of the type required by the commanders of 
the unified commands for active Air Force tactical airlift squad-
rons.". 
(b) INAPPUCABIUTY DURING FISCAL YEAR 1992.—Section 1438 of 
such Act, as amended by subsection (a), shall not apply during fiscal 
year 1992. 
SEC. 1024. AUTHORITY FOR WAIVER OF REQUIREMENT FOR TRANSFER 
OF A-10 AIRCRAFT TO THE ARMY AND MARINE CORPS. 
(a) AMENDMENT.—Section 1439(b)(2) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1689) is amended by striking out ", by not later than Septem-
ber 30,1996,". 
(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 
section 1439(bX2) of the National Defense Authorization Act for 
Fiscal Year 1991, as amended by subsection (a), for any fiscal year if, 
not later than May 1 of the year in which that fiscal year begins, the 
Secretary certifies to the congressional defense committees the fol-
lowing: 
(1) That it will be necessary during that fiscal year and for 
subsequent fiscal years for E-8 surveillance aircraft to be used 
to carry out mission requirements of the commanders of the 
unified commands in the respective theaters of operations for 
which those commanders are responsible. 
(2) That the total number of aircraft proposed to be procured 
under the E-8A Joint Surveillance and Target Attack Radar 
System (JSTARS) aircraft program is sufficient to meet the war 
fighting needs of the commanders of the unified commands. 
(3) That the budget submitted to Congress pursuant to section 
1105(a) of title 31, United States Code, for that fiscal year and 
the multiyear defense program submitted to Congress in 
connection with that budget pursuant to section 114a of title 10, 
United States Code, propose sufficient resources for the procure-
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1461 
ment of JSTARS aircraft in the quantities, and at the rate, 
necessary to meet the operational needs of the commanders of 
the unified commands at the earliest practicable date. 
(4) That any subsequent reduction in the procurement objec-
tive for the JSTARS aircraft program from the levels certified 
pursuant to paragraph (3) will be established solely on the basis 
of reduced war fighting requirements identified by the 
commanders of the unified commands. 
(5) That there are no technical limitations with the JSTARS 
aircraft program that would otherwise necessitate a change in 
the schedule for fielding the JSTARS aircraft under the pro-
gram. 
(c) CONSULTATION.—Before submitting a certification pursuant to 
subsection (b), the Secretary of Defense shall consult with the 
commanders of the unified commands, the Chairman of the Joint 
Chiefs of Staff, and the Under Secretary of Defense for Acquisition 
regarding the matters to be certified. The certification shall include 
a certification by the Secretary that the Secretary has consulted 
with those officers. 
(d) INAPPLICABIUTY DURING FISCAL YEAR 1992.—Section 1439 of 
such Act, as amended by subsection (a), shall not apply during fiscal 
year 1992. 
PART D—MATTERS RELATED TO ALLIES AND OTHER NATIONS 
SEC. 1041. SENSE OF CONGRESS REGARDING UNITED STATES TROOPS IN 
EUROPE. 
It is the sense of Congress that— 
(1) the United States has a strong interest in continuing and 
strengthening the North Atlantic Treaty Organization (NATO) 
to preserve world peace and security and to aid in the transition 
to a Europe that is whole and free; 
(2) the United States should work with its NATO allies to 
adapt NATO to better respond to the changing world situation, 
which includes— 
(A) the dissolution of the Warsaw Pact as a military and 
political alliance; 
(B) the reduction in the threat of attack on western 
Europe posed by the Soviet Union; 
(C) the reduction in the amount of financial resources 
that the United States is able to devote to defense spending; 
and 
(D) the improved ability of other member nations of 
NATO to carry a greater share of the common NATO 
defense burden; 
(3) barring unforeseen developments which result in a 
substantial increase in the threat to the national security of the 
United States, the Armed Forces should plan for an end 
strength level of members of the Armed Forces assigned to 
permanent duty ashore in European member nations of NATO 
that should not exceed approximately 100,000 members by the 
end of fiscal year 1995; and 
(4) a principal function of the members so sissigned should be 
to facilitate the rapid and large-scale reception of reinforcing 
United States troops in the event of a military necessity. 
105 STAT. 1462 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 1042. REDUCTION IN AUTHORIZED END STRENGTH FOR THE 
NUMBER OF MILITARY PERSONNEL IN EUROPE. 
(a) REDUCTION.—Section 1002(cXl) of the Department of Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note), is amended in the first 
sentence by striking out "261,855" and inserting in lieu thereof 
"235,700". 
Ot)) WAIVER AUTHORITY.—Such section is amended in the third 
sentence— 
(1) by striking out "261,855" and inserting in Ueu thereof 
"235,700"; and 
(2) by striking out "311,855" and inserting in lieu thereof 
"261,855". 
SEC. 1043. STRATEGIC FRAMEWORK AND DISTRIBUTION OF RESPON-
SIBILITIES FOR THE SECURITY OF ASIA AND THE PACIFIC. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The alliance between the United States and its allies in 
East Asia contributes greatly to the security of that region. 
(2) It is in the national interest of the United States to 
maintain a forward military and naval presence in East Asia. 
(3) The pace of economic, political, and social advances in 
many of the East Asian countries, particularly Japan and South 
Korea, continues to accelerate. 
(4) As a result of such advances the capacity of those countries 
to contribute to the responsibilities for their own defense has 
increased dramatically. 
(5) While the level of defense burdensharing by Japan and 
South Korea has increased, continued acceleration of the rate of 
transfer of that burden is desirable. 
(6) The United States remains committed to the security of its 
friends and allies in Asia and the Pacific Rim region. 
0?) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States should regularly review the missions, 
force structure, and locations of its military forces in Asia and 
the Pacific, including Hawaii; 
(2) the United States should also regularly review its basing 
structure in the Pacific and Asia, with special attention to 
developments in the Philippines, Japan, and South Korea, and 
determine basing, forward deployments, maritime and land 
base prepositioning, amphibious forces, and strategic lift to 
meet evolving strategic needs; 
(3) the United States should regularly review the threats and 
potential threats to regional peace, the United States, and its 
friends and allies; 
(4) the United States should continue to assess the feasibility 
and desirability of the ongoing partial, gradual reduction of 
military forces in Asia and the Pacific; 
(5) in view of the advances referred to in subsection (a)(3), 
Japan and South Korea should continue to assume increased 
responsibility for their own security and the security of the 
region; 
(6) Japan and South Korea should continue to offset the direct 
costs incurred by the United States in deploying military forces 
for the defense of those countries including costs related to the 
presence of United States military forces in those countries; and 
(7) Japan should continue to contribute to improvements to 
global stability by contributing to countries in regions of impor-
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1463 
tance to world stability through the Official Development 
Assistance Program of Japan. 
(c) REPORT REQUIRED.—Not later than April 1, 1992, the President 
shall submit to the congressional defense committees, the Commit-
tee on Foreign Relations of the Senate, and the Committee on 
Foreign Affairs of the House of Representatives a report on the 
strategic posture and military force structure of the United States in 
Asia and the Pacific, including the forces in Hawaii. The President 
shall include in such report a strategic plan relating to the contin-
ued United States presence in that region. 
(d) CONTENT OF REPORT.—The report required by subsection (c) 
shall specifically include the following matters: 
(1) An assessment of the trends in the regional military 
balance involving potential threats to the United States and ite 
allies and friends in Asia and the Pacific, with special attention 
to— 
(A) the implications of recent developments in the Soviet 
Union and the People's Republic of China for United States 
and allied security planning in Asia and the Pacific; and 
(B) regional conflicts, such as the struggle in Cambodia. 
(2) An assessment of the trends in acquiring and deplo5dng 
nuclear, biologicsd, and chemical weapons and long range mis-
siles and other delivery systems and other destabilizing trans-
fers of arms and technology. 
(3) An assessment of the extent to which a requirement 
continues to exist for a regional security role for the United 
States in East Asia. 
(4) An identification of any changes— 
(A) in the missions, force structure, and locations of 
United States military forces in Asia and the Pacific that 
could strengthen the capabilities of such forces and lower 
the costs of maintaining such forces; and 
(B) in contingency and reserve armed forces in the United 
States and other areas. 
(5) A review of the United States basing structure in the 
Pacific and Asia with special attention to developments in the 
Philippines, Japan, and South Korea, including a review of the 
implications for basing, forward deployments, maritime, and 
land base prepositioning, amphibious forces, and strategic lift to 
meet evolving strategic needs. 
(6) A discussion of the strategic implications of the departure 
of United States forces from Clark Air Force Base and of the 
remaining facilities in the Philippines. 
(7) A discussion of the need for expanding the United States 
access to facilities in Singapore and other states in East Asia 
that are friendly to the United States. 
(8) A discussion of the recent trends in the contributions to 
burdensharing and the common defense being made by the 
friends and allies of the United States in Asia and the ways in 
which increased defense responsibilities and costs presently 
borne by the United States can be transferred to the friends and 
allies of the United States in Asia and the Pacific. 
(9) An assessment of the feasibility of relocating United States 
military personnel and facilities in Japan and South Korea to 
reduce friction between such personnel and the people of those 
countries. 
105 STAT. 1464 
PUBLIC LAW 102-190—DEC. 5, 1991 
(10) A discussion of any changes in bilateral command 
arrangements that would facilitate a transfer of military mis-
sions and command to allies of the United States in East Asia. 
(11) A discussion of the changes in— 
(A) the flow of arms and military technology between the 
United States and its friends and allies; 
(B) the balance of trade in arms and technology; and 
(C) the dependence and interdependence between the 
United States and its friends and allies in military tech-
nology. 
SEC. 1044. UNITED STATES TROOPS IN KOREA. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States plans to reduce its troop presence in the 
Republic of Korea to 36,500 personnel by the end of 1992. 
(2) The Department of Defense has not announced specific 
plans for further personnel reductions below that level. 
(3) The National Unification Board of South Korea estimates 
the gross national product (GNP) of North Korea to have been 
$21,000,000,000 in 1989, while the Bank of Korea estimates that 
the size of the Republic of Korea's economy in that year was 
$210,000,000,000, a factor of 10 larger. At its current growth 
rate, as estimated by the Economic Planning Board of the 
Republic of Korea, the annual expansion of the economy of the 
Republic of Korea is nearly equivalent in size to the entire 
North Korean economy. 
(4) The Republic of Korea continues to face a substantial 
military threat from North Korea that requires a vigorous 
response on both military and diplomatic levels. 
(5) The Republic of Korea has decided to increase its level of 
host nation support, although such support still falls short of 
the actual cost involved and short of the relative level provided 
by the Government of Japan. 
(6) While recognizing that the Republic of Korea has consist-
ently increased its defense budget in real terms by an average of 
about 6 percent annually for the past five years, to a current 
level of 4.2 percent of gross national product, the Republic of 
Korea devotes a smaller share of its economy to defense than 
does the United States, at 4.9 percent of gross national product. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) the Republic of Korea remains an important ally of the 
United States, with the two countries sharing important politi-
cal, economic, and security interests; 
(2) commensurate with the security situation on the Korean 
peninsula and the size and vitality of the economy of the 
Republic of Korea— 
(A) the Department of Defense should consider whether 
future reductions of United States military forces from the 
Republic of Korea beyond those now planned to be com-
pleted by the end of 1992 can be made in a way that does 
not undermine the credibility or effectiveness of those 
forces against an attack by North Korea; and 
(B) the Republic of Korea should undertake greater ef-
forts to meet its security requirements, particularly in the 
area of force modernization; and 
(3) the Government of the Republic of Korea should increase 
the level of host nation support it provides to United States 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1465 
forces in the area so that its relative level more closely approxi-
mates that of Japan, 
(c) PRESIDENTIAL REPORT.—(1) The President shall transmit to 
Congress, either separately or as part of another relevant report, a 
report on the overall security situation on the Korean peninsula, the 
implications of relevant politicsd and economic developments in the 
area for the security situation there, and United States policy for 
the area. 
(2) Issues covered in the report shall include— 
(A) a qualitative and quantitative sissessment of the military 
balance on the Korean peninsula; 
(B) a description of the material requirements of the armed 
forces of the Republic of Korea; 
(C) a description of United States military personnel require-
ments; 
(D) a description of the state of United States-Republic of 
Korea relations, the state of China-Republic of Korea relations, 
and the state of Soviet-Republic of Korea relations; and 
(E) a description of prospects for change in North Korea. 
(3) The report shall be transmitted not later than June 30, 1992, 
and shall be transmitted in both classified and unclassified form. 
SEC. 1045. BURDENSHARING CONTRIBUTIONS BY JAPAN AND THE REPUB-
LIC OF KOREA. 
(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—During fiscal years 
1992 and 1993, the Secretary of Defense may accept cash contribu-
tions from Japan and the Republic of Korea for the purposes 
specified in subsection (c). 
(b) CREDIT TO APPROPRIATIONS.—Contributions accepted in a fiscal 
year under subsection (a) shall be credited to appropriations of the 
Department of Defense that are available for that fiscal year for the 
purposes for which the contributions are made. The contributions so 
credited shall be— 
(1) merged with the appropriations to which they are credited; 
and 
(2) available for the same time period as those appropriations. 
(c) AVAILABILITY OF CONTRIBUTIONS.—Contributions 
accepted 
under subsection (a) shall be available only for the payment of the 
following costs in the country making the contributions: 
(1) Compensation for local national employees of the Depart-
ment of Defense. 
(2) Military construction projects of the Department of De-
fense. 
(3) Supplies and services of the Department of Defense. 
(d) AUTHORIZATION OF MILITARY CONSTRUCTION.—Contributions 
credited under subsection flj) to an appropriation account of the 
Department of Defense may be used— 
(1) by the Secretary of Defense to carry out a military 
construction project that is consistent with the purposes for 
which the contributions were made and is not otherwise au-
thorized by law; or 
(2) by the Secretary of a military department, with the ap-
proval of the Secretary of Defense, to carry out such a project. 
(e) NOTICE AND WAIT REQUIREMENTS.—(1) When a decision is made 
to carry out a military construction project under subsection (d), the 
Secretary of Defense shall submit a report to the congressional 
defense committees containing— 
49-194 O - 92 - 17 • OI. a Po.^ 9 
105 STAT. 1466 
PUBLIC LAW 102-190—DEC. 5, 1991 
(A) an explanation of the need for the project; 
(B) the then current estimate of the cost of the project; and 
(C) a justification for canning out the project under that 
subsection. 
(2) The Secretary of Defense or the Secretary of a military depart-
ment may not commence a military construction project under 
subsection (d) until the end of the 21-day period beginning on the 
date on which the Secretary of Defense submits the report under 
paragraph (1) regarding the project. 
(f) REPORTS.—Not later than 30 days after the end of each quarter 
of fiscal years 1992 and 1993, the Secretary of Defense shall submit 
to the congressional defense committees a report specif5dng sepa-
rately for Japan and the Republic of Korea— 
(1) the amount of the contributions accepted by the Secretary 
during the preceding quarter under suJbsection (a) and the 
purposes for which the contributions were made; and 
(2) the amount of the contributions expended by the Secretary 
during the preceding quarter and the purposes for which the 
contributions were expended. 
22 use 1928 
SEC. 1046. DEFENSE COST-SHARING. 
(a) DEFENSE COST-SHARING AGREEMENTS.—(1) The President shall 
consult with the foreign nations described in paragraph (2) to seek to 
achieve, within 12 months after the date of the enactment of this 
Act, an agreement on equitable defense cost-sharing with each such 
nation. 
(2) The foreign nations referred to in paragraph (1) are— 
(A) each member nation of the North Atlantic Treaty 
Organization (other than the United States); and 
(B) every other foreign nation with which the United States 
has a bilateral or multilateral defense agreement that provides 
for the assignment of combat units of the Armed Forces of the 
United States to permanent duty in the nation or the placement 
of combat equipment of the United States in the nation. 
(3) Each defense cost-sharing agreement entered into under para-
graph (1) should provide that the foreign nation sigrees to share 
equitably with the United States, through cash compensation or in-
kind contributions, or a combination thereof, the costs to the United 
States that arise solely from the implementation of the provisions of 
the bilateral or multilatereil defense agreement with that nation. 
Q)) EXCEPTION.—The provisions of subsection (a) shall not apply to 
those foreign nations that receive assistance under section 23 of the 
Arms Export Control Act (22 U.S.C. 2763) relating to the foreign 
military financing program or under chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) relating to the 
Economic Support Fund. 
(c) CONSULTATIONS.—In conducting the consultations required 
under subsection (a), the President should make maximum feasible 
use of the Department of Defense and the post of Ambassador-at-
Large created by section 8125(c) of the Department of Defense 
Appropriations Act, 1989 (10 U.S.C. 113 note). 
(d) ALUES MUTUAL DEFENSE PAYMENTS ACCOUNT.—The Secretary 
of Defense shall maintain an accounting for defense cost-sharing 
under each agreement entered into with a foreign nation pursuant 
to subsection (a). The accounting shall show for each foreign nation 
the amount and nature of the— 
(1) cost-sharing contributions agreed to by the nation; 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1467 
(2) cost-sharing contributions delivered by the nation; 
(3) additional contributions by the nation to any commonly 
funded multilateral programs providing for United States 
participation in the common defense; 
(4) contributions by the United States to any such commonly 
funded multilateral programs; 
(5) contributions of all other nations to any such commonly 
funded multilateral programs; and 
(6) costs to the United States that arise solely from the 
implementation of the provisions of the bilateral or multilateral 
defense agreement with the nation. 
(e) REPORTING REQUIREMENTS.—The Secretary of Defense shall 
include in each Report on Allied Contributions to the Common 
^ 
Defense prepared under section 1003 of Public Law 98-525 (22 U.S.C. 
1928 note) information, in classified and unclassified form— 
(1) describing the efforts undertaken and the progress made 
by the President in carr3dng out subsections (a) and (c) during 
the period covered by the report; 
(2) specifying the accounting of defense cost-sharing contribu-
tions maintained under subsection (d) during that period; and 
(3) assessing how equitably foreign nations not described in 
subsection (a) or excepted under subsection (b) are sharing the 
costs and burdens of implementing defense agreements with the 
United States and how those defense agreements serve the 
national security interests of the United States. 
SEC. 1047. USE OF CONTRIBUTIONS OF FRIENDLY FOREIGN COUNTRIES 
AND NATO FOR COOPERATIVE DEFENSE PROJECTS. 
(a) IN GENERAL.—Subchapter II of chapter 138 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 2350i. Foreign contributions for cooperative projects 
"(a) CREDITING OF CONTRIBUTIONS.—Whenever the United States 
participates in a cooperative project with a friendly foreign country 
or the North Atlantic Treaty Organization (NATO) on a cost-sharing 
basis, any contribution received by the United States from that 
foreign country or NATO to meet its share of the costs of the project 
may be credited to appropriations available to an appropriate mili-
tary department or another appropriate organization within the 
Department of Defense, as determined by the Secretary of Defense. 
(b) USE OF AMOUNTS CREDITED.—The amount of a contribution 
credited pursuant to subsection (a) to an appropriation account in 
connection with a cooperative project referred to in that subsection 
shall be available only for payment of the share of the project 
expenses allocated to the foreign country or NATO making the 
contribution. Payments for which such amount is available include 
the following: 
"(1) Payments to contractors and other suppliers (including 
the Department of Defense and other participants acting as 
suppliers) for necessary articles and services. 
(2) Pajnnents for any damages and costs resulting from the 
performance or cancellation of any contract or other obligation. 
"(3) Pa3mients or reimbursements of other program expenses, 
including program office overhead and administrative costs. 
"(4) Refunds to other participants. 
"(c) DEFINITIONS.—In this section: 
105 STAT. 1468 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(1) The term 'cooperative project' means a jointly managed 
arrangement, described in a written cooperative agreement 
entered into by the participants, that— 
"(A) is undertaken by the participants in order to im-
prove the conventional defense capabilities of the partici-
pants; and 
"(B) provides for— 
"(i) one or more participants (other than the United 
States) to share with the United States the cost of 
research and development, testing, evaluation, or joint 
production (including follow-on support) of defense arti-
cles; 
"(ii) the United States and another participant 
concurrently to produce in the United States and the 
country of such other participant a defense article 
jointly developed in a cooperative project described in 
clause (i); or 
"(iii) the United States to procure a defense article or 
a defense service from another participant in the co-
operative project. 
"(2) The term 'defense article' has the meaning given such 
term in section 47(3) of the Arms Export (Dontrol Act (22 U.S.C. 
2794(3)). 
"(3) The term 'defense service' has the meaning given such 
term in section 47(4) of the Arms Export (k>ntrol Act (22 U.S.C. 
2794(4)).". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of subchapter II of such chapter is amended by adding at the end the 
following new item: 
"23501. Foreign contributions for cooperative projects.". 
SEC. 1048. EXPANSION OF AUTHORITY FOR THE NAVY TO PROVIDE ROU-
TINE PORT AND AIRPORT SERVICES TO FOREIGN COUNTRIES. 
(a) REPEAL OF LIMITATION ON EUGIBLE FOREIGN COUNTRIES.— 
Subsection (a) of section 7227 of title 10, United States Code, is 
amended by striking out "friendly" each place it appears. 
(b) PROVISION OF AIRPORT SERVICE WITHOUT REIMBURSEMENT.— 
Subsection (b) of such section is amended— 
(1) by striking out "(A)" after "(2)"; 
(2) by striking out "an allied country" in the first sentence of 
paragraph (2) and inserting in lieu thereof "a foreign country"; 
(3) by inserting after the first sentence of parsigraph (2) the 
following new sentence: "When furnishing routine giirport serv-
ices under this section to military aircraft of a foreign country, 
the Secretary may furnish such services without reimburse-
ment if such services are provided under an agreement that 
provides for the reciprocal furnishing by such country of routine 
airport services to military aircraft of the United States without 
reimbursement."; 
(4) by striking out subparagraph (B) of paragraph (2); and 
(5) by designating the last sentence of paragraph (2) as para-
graph (3) and in that paragraph— 
(A) by striking out "port services" and inserting in lieu 
thereof "port or airport services"; and 
(B) by striking out "this paragraph" and inserting in lieu 
thereof "paragraph (2)". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1469 
SEC 1049. EXTENSION OF AUTHORITY FOR TRANSFER OF EXCESS DE-
FENSE ARTICLES TO CERTAIN COUNTRIES. 
(a) EXTENSION OF AUTHORITY.—Section 516 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j) is amended— 
(1) in subsection (a), by striking out "during the fiscal years 
1987 through 1991,"; and 
(2) by adding at the end of the section the following: 
"(f) DURATION OF AUTHORITY.—The authority of this section shall 
be effective during fiscal years 1992 through 1996.". 
(b) AVOIDING DUPUCATIVE AMENDMENTS.—If the International 22 use 232ij 
Cooperation Act of 1991 is enacted before this Act is enacted and '^°*^-
that Act makes the amendments to section 516 of the Foreign 
Assistance Act of 1961 that are stated in subsection (a), then the 
amendments stated in subsection (a) shall not take effect. If the 
International Cooperation Act of 1991 is enacted after this Act is 
enacted and that Act would make the amendments to section 516 of 
the Foreign Assistance Act of 1961 that are made by subsection (a), 
then the amendments that would be made by that Act that are 
identical to the amendments made by subsection (a) shall not take 
effect. 
SEC. 1050. AUTHORITY OF SECRETARY OF DEFENSE IN CONNECTION 
WITH COOPERATIVE AGREEMENTS ON AIR DEFENSE IN 
ITALY. 
(a) AUTHORITY TO CARRY OUT AGREEMENTS.—The Secretary of 
Defense is authorized to carry out the Italian air defense agree-
ments. In carrying out those agreements, the Secretary— 
(1) may provide without monetary charge to the Republic of 
Italy articles and services as specified in the agreements; and 
(2) may accept from the Republic of Italy (in return for the 
articles and services provided under paragraph (1)) articles and 
services as specified in the agreements. 
(b) ADMINISTRATION OF AGREEMENTS.—In connection with the 
administration of the Italian air defense agreements, the Secretary 
of Defense may— 
(1) waive any surcharge for administrative services otherwise 
chargeable under section 21(e)(lXA) of the Arms Export Control 
Act (22 U.S.C. 2761(e)(1)(A)); 
(2) waive any charge not otherwise waived for services associ-
ated with contract administration for the sale under the Arms 
Export Control Act of Patriot air defense missile fire units or 
components thereof to the Republic of Italy contemplated in the 
agreements; and 
'^ 
(3) use, to the extent contemplated in the agreements, the 
' 
North Atlantic Treaty Organization (NATO) Maintenance and 
Supply Agency— 
(A) for the supply of logistic support in Europe for the 
Patriot missile system; and 
(B) for the acquisition of such logistic support, to the 
extent that the Secretary determines that the procedures of 
that agency governing such supply and acquisition are 
appropriate. 
(c) AUTHORITY SUBJECT TO AVAILABILITY OF APPROPRIATIONS.—The 
authority of the Secretary of Defense to enter into contracts under 
the Italian air defense agreements is available only to the extent 
that appropriated funds are otherwise available for that purpose. 
105 STAT. 1470 
PUBLIC LAW 102-190—DEC. 5, 1991 
(d) DEFINITION.—For the purposes of this section, the term "Ital-
ian air defense agreements" means— 
(1) the Eigreement entitled "Memorandum of Understanding 
Between the Secretary of Defense of the United States of Amer-
ica and the Minister of Defense of the Italian Republic on 
Cooperative Measures for Enhancing Air Defense in Italy", 
signed on March 24,1988; and 
(2) the agreement entitled "Implementing Agreement to the 
Memorandum of Understanding Between the Secretary of De-
fense of the United States of America and the Minister of 
Defense of the Italian Republic on Cooperative Measures for 
Enhancing Air Defense in Italy", signed on April 20, 1990. 
SEC. 1051. EXTENSION OF AW 
ACS AUTHORITY. 
Section 2350e of title 10, United States Code, is amended— 
(1) in subsection (c)— 
(A) by striking out "and" at the end of paragraph (2); 
(B) by redesignating paragraph (3) as paragraph (4); and 
(C) by inserting after paragraph (2) the following new 
paragraph (3): 
"(3) the Addendum to the Multilateral Memorandum of 
Understanding Between the North Atlantic Treaty Organiza-
tion (NATO) Ministers of Defence on the NATO E-3A Coopera-
tive Programme (dated December 6, 1978) relating to the mod-
ernization of the NATO Airborne Early Warning and Control 
(NAEW&C) System, dated December 7,1990; and"; and 
(2) in subsection (d), by striking out "September 30, 1991" and 
inserting in lieu thereof "September 30,1993". 
SEC. 1052. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY 
FOREIGN FORCES. 
(a) PAYMENT FOR TRAINING.—(1) Chapter 101 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 2011. Special operations forces: training with friendly foreign forces 
"(a) AUTHORITY TO PAY TRAINING EXPENSES.—Under regulations 
prescribed pursuant to subsection (c), the commander of the special 
operations command established pursuant to section 167 of this title 
and the commander of any other unified or specified combatant 
command may pay, or authorize pajmient for, any of the following 
expenses: 
"(1) Expenses of training special operations forces assigned to 
that command in conjunction with training, and training with, 
armed forces and other security forces of a friendly foreign 
country. 
"(2) Expenses of deploying such special operations forces for 
that training. 
"(3) In the case of training in conjunction with a friendly 
developing country, the incremental expenses incurred by that 
country as the direct result of such training, 
"fl)) PURPOSE OF TRAINING.—The primary purpose of the training 
for which payment may be made under subsection (a) shall be to 
train the special operations forces of the combatant command. 
"(c) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations for the administration of this section. The regulations shall 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1471 
establish accounting procedures to ensure that the expenditures 
pursuant to this section are appropriate. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'special operations forces' includes civil affairs 
forces and psychological operations forces. 
"(2) The term 'incremental expenses', with respect to a devel-
oping country, means the reasonable and proper cost of rations, 
fuel, training ammunition, transportation, and other goods and 
services consumed by such country, except that the term does 
not include pay, allowances, and other normal costs of such 
country's personnel. 
"(e) REPORTS.—Not later than April 1 of each year, the Secretary 
of Defense shall submit to Congress a report regarding training 
during the preceding fiscal year for which expenses were paid under 
this section. Each report shall specify the following: 
"(1) All countries in which that training was conducted. 
"(2) The type of training conducted, including whether such 
training was related to counter-narcotics or counter-terrorism 
activities, the duration of that training, the number of members 
of the armed forces involved, and expenses paid. 
"(3) The extent of participation by foreign military forces, 
including the number and service affiliation of foreign military 
personnel involved and physical and financial contribution of 
each host nation to the training effort. 
"(4) The relationship of that training to other overseas train-
ing programs conducted by the armed forces, such as military 
exercise programs sponsored by the Joint Chiefs of Staff, mili-
tary exercise programs sponsored by a combatant command, 
and military training activities sponsored by a military depart-
ment (including deployments for training, short duration exer-
cises, and other similar unit training events).". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2011. Special operations forces: training with friendly foreign forces.". 
O
t
>
) BUDGETING FOR TRAINING.—Section 166 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(c) SOF TRAINING WITH FOREIGN FORCES.—A funding proposal 
for force training under subsection (b)(2) may include amounts for 
training expense pa5mients authorized in section 2011 of this title.". 
SEC. 1053. EXPANSION OF COUNTRIES ELIGIBLE TO PARTICIPATE IN FOR-
EIGN COMPARATIVE TESTING PROGRAM. 
Section 2350a(g) of title 10, United States Code, is amended by 
inserting "and other friendly foreign countries" in paragraphs (1)(A) 
and (4)(A) after "major allies of the United States". 
SEC. 1054. LIMITATION ON EMPLOYMENT OF FOREIGN NATIONALS AT 
MILITARY INSTALLATIONS OUTSIDE THE UNITED STATES. 
(a) AUTHORIZATION.—The number of employment positions on the 
last day of fiscal years 1992 and 1993 at United States military 
installations located outside the United States that may be filled by 
foreign nationals who are employed pursuant to an indirect-hire 
civilian personnel agreement and are paid by the United States may 
not exceed the following: 
(1) For fiscal year 1992, 60,000. 
(2) For fiscal year 1993, 47,750. 
105 STAT. 1472 
PUBLIC LAW 102-190—DEC. 5, 1991 
(b) WAIVER AUTHORITY.—The Secretary of Defense may waive the 
requirement of subsection (a) for a fiscal year if the Secretary 
determines that the national security interests of the United States 
require waiver of such requirement. The Secretary shall notify 
Congress of any use of this waiver authority and the reasons for the 
waiver. 
(c) SENSE OF CONGRESS.—It is the sense of Congress that, beginning 
with fiscal year 1994, the President should achieve reductions O^elow 
fiscal year 1993 levels) in the cost to the United States of salaries 
and other remuneration of foreign nationals employed at United 
States military installations located outside the United States 
through agreements under which the host countries assume a 
greater share of these costs. 
PART E—TECHNICAL AND CLARIFYING AMENDMENTS 
SEC. 1061. AMENDMENTS TO TITLE 10, UNITED STATES CODE. 
(a) MISCELXANEOUS AMENDMENTS.—Title 10, United States Code, is 
amended as follows: 
(1) Section 115a(dX3) is amended by inserting "provide" after 
"(3)". 
(2) The heading of section 129b is amended by inserting " o f 
at the end. 
(3) Section 280 is amended by striking out "2511" both places 
it appears and inserting in lieu thereof "2540". 
(4)(A) The heading of section 690 is amended by striking out 
"Corp" and inserting in lieu thereof "Corps". 
(B) The item relating to section 690 in the table of sections at 
the beginning of chapter 39 is amended to read as follows: 
"690. Limitation on duty with Reserve Officer Training Corps units.". 
(5) Section 114203)(5) is amended by striking out the semicolon 
at the end and inserting in lieu thereof a period. 
(6) Section 11440t>) is amended— 
(A) in paragraph (1), by striking out "resume" and insert-
ing in lieu thereof "resume"; 
(B) in paragraph (3)— 
(i) by striking out "veterans service organization" 
and inserting in lieu thereof 
"veterans' 
service 
organizations"; and 
(ii) by striking out "Armed Forces" and inserting in 
lieu thereof "armed forces"; and 
(C) in paragraph (6), by striking out "such area" and 
inserting in lieu thereof "those areas". 
(7) The heading of section 1408 is amended to read as follows: 
"§ 1408. Payment of retired or retainer pay in compliance with 
court orders". 
(8) Section 1737(c)(2)(B) is amended by striking out the comma 
after "Acquisition" the second place it appears. 
(9) Section 2306a(e)(l)(AXii) is amended by striking out "In-
ternal Revenue Code of 1954" and inserting in lieu thereof 
"Internal Revenue Code of 1986". 
(10) Section 2307(f) is amended by striking out "(1)" after "(f)" 
and inserting in lieu thereof "(1)". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1473 
(11) Sections 2244(a) and 2393(d) are amended by striking out 
"Federal government" each place it appears and inserting in 
lieu thereof "Federal Government". 
(12) Section 2343(b) is amended— 
(A) by striking out "this title," and inserting in lieu 
thereof "this title and"; and 
(B) by striking out ", and section 719 of the Defense 
Production Act of 1950 (50 U.S.C. App. 2168)". 
(13) Section 2383(b) is amended by striking out "has the 
meaning given such term by section 2323(f) of this title." and 
inserting in lieu thereof "means any individual piece, part, 
subassembly, or component which is furnished for the logistic 
support or repair of an end item and not as an end item itself.". 
(14) Section 2432(hX2XA) is amended by striking out "subsec-
tions (cXD and (c)(3) of section 2431" and inserting in lieu 
thereof "subsections (bXD and (bX3) of section 2431". 
(15) The item relating to section 2608 in the table of sections 
at the beginning of chapter 155 is amended by striking out "and 
services". 
(16) Section 2608(g) is amended by inserting "(1)" before 
"Upon request". 
(17XA) The heading of section 2721 is amended to read as 
follows: 
"§ 2721. Property records: maintenance on quantitative and mone-
tary basis". 
(B) The item relating to that section in the table of sections at 
the beginning of chapter 161 is amended to read as follows: 
'2721. Property records: maintenance on quantitative and monetary basis.". 
(18) 
Section 
2674(cX3) 
is 
amended 
by 
striking 
out 
"misdeameanor" and inserting in lieu thereof "misdemeanor". 
(19) Section 2902(f)(2XA) is amended by striking out "Depart-
ment's" and inserting in lieu thereof "department's". 
(20XA) Section 3210(a) is amended by striking out "section 
3202(a)" and inserting in lieu thereof "section 526 . 
(B) Section 3218 is amended by striking out "section 3202" 
and inserting in lieu thereof "section 526". 
(21) Section 5451 is amended— 
(A) by striking out "(a) Except as provided in subsection 
(b), the" and inserting in lieu thereof "The"; and 
(B) by striking out subsection (b). 
(22XA) Section 5150(c) is amended by striking out "section 
5444" and inserting in lieu thereof "section 526". 
(B) Section 5457(a) is amended by striking out "section 5442" 
and inserting in lieu thereof "section 526". 
(C) Section 5458(a) is amended by striking out "section 5443" 
^nd inserting in lieu thereof "section 526". 
(23XA) Section 8210(a) is amended by striking out "section 
8202(a)" and inserting in lieu thereof "section 526". 
(B) Section 8218 is amended by striking out "section 8202" 
and inserting in lieu thereof "section 526". 
(24) Section 4542 is amended— 
(A) in subsection (c)(3), by striking out "subsection (d)" 
and inserting in lieu thereof "subsection (f)"; and 
(B) in subsection (f), by striking out "subsection (bX3)" 
and inserting in lieu thereof "subsection (cX3)". 
105 STAT. 1474 
PUBLIC LAW 102-190—DEC. 5, 1991 
(25) The item relating to section 9316 in the table of sections 
at the beginning of chapter 901 is amended by striking out the 
section twist preceding the section number. 
(26)(A) The table of sections at the beginning of chapter 85 is 
amended by striking out the item relating to section 1622. 
(B) Effective on October 1, 1992, such table of sections is 
amended by striking out the item relating to section 1623. 
(C) Effective on October 1,1993— 
(i) chapter 85 (as amended by section 1207(c) of Public 
Law 101-510) is repealed; and 
(ii) the tables of chapters at the beginning of subtitle A, 
and at the beginning of part II of subtitle A, are amended 
by striking out the item relating to that chapter. 
(27)(A) The items relating to chapter 149 in the table of 
chapters at the beginning of subtitle A, and in the table of 
subchapters of part IV of subtitle A, are each amended by 
striking out "Maufacturing" and inserting in lieu thereof 
"Manufacturing". 
(B) The items relating to chapter 609 in the table of chapters 
at the beginning of subtitle C, and in the table of subchapters of 
part III of subtitle C, are each amended by striking out "Edu-
cational" and inserting in lieu thereof "Education", 
(b) COURT OF MILITARY APPEALS.—(1)(A) Section 942(e) of title 10, 
United States Code, is amended— 
(i) by inserting "(A)" after "(1)"; 
(ii) by striking out "(2XA)" before "The chief judge of the 
court" and realigning the sentence beginning "The chief judge 
of the court" so as to appear at the end of paragraph (IXA) (as 
designated by clause (i)); 
(iii) by striking out "a senior judge of the court" in the 
sentence referred to in clause (ii) and inserting in lieu thereof 
"an individual who is a senior judge of the court under this 
subparagraph"; 
(iv) by inserting after paragraph (IXA) (as designated by 
clause (i)) the following: 
"(B) If, at the time the term of a judge expires, no successor to that 
judge has been appointed, the chief judge of the court may call upon 
that judge (with that judge's consent) to continue to perform judicial 
duties with the court until the vacancy is filled. A judge who, upon 
the expiration of the judge's term, continues to perform judicial 
duties with the court without a breait in service under this subpara-
graph shall be a senior judge while such service continues."; and 
(v) by striking out "(B) A senior judge" and inserting in lieu 
thereof "(2) A senior judge". 
(B) Paragraphs (3), (4), and (6) of such section are amended by 
striking out "paragraph (2)" each place it appears and inserting in 
lieu thereof "paragraph (1)". 
(C) Section 945(aXl) of such title is amended by adding at the end 
the following: "A person who continues service with the court as a 
senior judge under section 943(eXlXB) of this title (art. 143(e)(lXB)) 
upon the expiration of the judge's term shall be considered to have 
been separated from civilian service in the Federal Government 
only upon the termination of that continuous service.". 
Effective date. 
(D) The amendments made by this paragraph shall take effect as 
10 use 942 
of November 29,1989. 
"°*^ 
(2) Section 942(f) of such title is amended— 
(A) in paragraph (1)— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1475 
(i) by striking out "or" at the end of subparagraph (A); 
(ii) by striking out the period at the end of subparagraph 
(B) and inserting in lieu thereof "; or"; and 
(iii) by adding at the end the following: 
"(C) during a period when there is a vacancy on the court and 
in the opinion of the chief judge of the court such a designation 
is necessary for the proper dispatch of the business of the 
court."; 
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively; and 
(C) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) The chief judge of the court may not request that a designa-
tion be made under paragraph (1) unless the chief judge has deter-
mined that no person is available to perform judicial duties with the 
court as a senior judge under subsection (e).". 
(c) DEFINITION OF SIGNIFICANT NONMAJOR DEFENSE ACQUISITION 
PROGRAM.—Section 1737(aX3) of title 10, United States Code, is 
amended— 
(1) by striking out "$50,000,000 (based on fiscal year 1980 
constant dollars)" and inserting in lieu thereof "the dollar 
threshold set forth in section 2302(5)(A) of this title for such 
purposes for a major system"; and 
(2) by striking out "$250,000,000 (]oased on fiscal year 1980 
constant dollars)" and inserting in lieu thereof "the dollar 
threshold set forth in section 2302(5)(A) of this title for such 
purpose for a major system". 
SEC. 1062. AMENDMENTS TO PUBLIC LAW 101-510. 
(a) DIVISION A.—Division A of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510) is amended as follows: 
(1) Section 555(e)(1) (104 Stat. 1570) is amended by striking out lo USC 1408 
"judgement" and inserting in lieu thereof "judgment". 
"
°
*
^
® 
(2) Section 827(bX3) (104 Stat. 1607) is amended by striking out 15 USC 3705 
"section 6 or 8" and inserting in lieu thereof "section 7 or 9". ^°^-
(3) Section 1481(eX2) (104 Stat. 1706) is amended by striking 
out "section 1036" and inserting in lieu thereof "section 904(b)". 
(4) Section 1515 (104 Stat. 1726) is amended— 
24 USC 415. 
(A) by striking out "local l^oards" in subsections (a) and (c) 
and inserting in lieu thereof "Local Boards"; and 
(B) by striking out "that board" in subsection (dX2) and 
inserting in lieu thereof "that Board". 
(5) Section 1517(f) (104 Stat. 1729) is amended by staking out 24 USC 417. 
"this Act" both places it appears and inserting in lieu thereof 
"this title". 
(b) DIVISION B.—Section 2922(b) of the Military Construction 
Authorization Act for Fiscal Year 1991 (division B of Public Law 
101-510; 104 Stat. 1820) is amended by inserting "of after "section lO USC 2391 
2819". 
"ote. 
(c) DIVISION D.—Section 4303 of the Defense Economic Adjust-
ment, Diversification, Conversion, and Stabilization Act of 1990 
(division D of Public Law 101-510; 104 Stat. 1854) is amended— lo use 2391 
(1) in subsection (cXD, by striking out "section 4003(b)" and "°^-
inserting in lieu thereof "section 4004(c)(1)"; and 
(2) in subsection (d), by striking out "section 4003" and insert-
ing in lieu thereof "section 4004(cX3)". 
105 STAT. 1476 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 1063. AMENDMENTS TO OTHER LAWS. 
(a) TITLES 5 AND 37, UNITED STATES CODE.—Section 5564(iXl) of 
title 5, United States Code, and section 554(iXl) of title 37, United 
States Code, are each amended by striking out "4713, 6522, 9712, or 
9713" and inserting in lieu thereof "6522, or 9712". 
(b) PuBuc LAW 101-511.—Section 8105(dX2) of Public Law 101-511 
10 use 113 note. (104 Stat. 1902) is amended by striking out "immeditely" and insert> 
ing in lieu thereof "immediately". 
(c) REPEAL OF SUPERSEDED AUTHORITY RELATING TO UNITED STATES 
SOLDIERS' AND AIRMEN'S HOME.—Section 1625 of the Department of 
Defense Authorization Act, 1986 (Public Law 99-145; 24 U.S.C. 43 
riotfi I IS rfiDGS-lGQ 
(d) PUBLIC LAW 101-25.—(1) Section 601(a) of Public Law 101-25 
10 use 113 note. (105 Stat. 105) is amended— 
(A) by striking out "members of the Armed Forces serving on 
active duty during the Persian Gulf conflict" and inserting in 
lieu thereof "members of the Armed Forces and of members of 
the National Guard who served on active duty during the 
Persian Gulf conflict"; and 
(B) by striking out "have been" and inserting in lieu thereof 
"were". 
10 use 113 note. 
(2) Section 602(a) of such Public Law (105 Stat. 106) is amended bv 
striking out "members of the Armed Forces serving on active duty 
and inserting in lieu thereof "members of the Armed Forces and 
members of the National Guard who served on active duty during 
the Persian Gulf conflict". 
(d) PuBuc LAW 101-25.—(1) Section 601(a) of Public Law 101-25 
(105 Stat. 105) is amended— 
(A) by striking out "members of the Armed Forces serving on 
active duty during the Persian Gulf conflict" and inserting in 
lieu thereof "members of the Armed Forces and of members of 
the National Guard who served on active duty during the 
Persian Gulf conflict"; and 
(B) by striking out "have been" and inserting in lieu thereof 
"were". 
(2) Section 602(a) of such Public Law (105 Stat. 106) is amended 
by striking out "members of the Armed Forces serving on active 
duty" and inserting in lieu thereof "members of the Armed Forces 
and members of the National Guard who served on active duty 
during the Persian Gulf conflict." 
PART F—CONGRESSIONAL FINDINGS, POUCIES, AND COMMENDATIONS 
SEC. 1071. SENSE OF CONGRESS RELATING TO THE CONTRIBUTIONS TO 
OPERATION DESERT STORM MADE BY THE 
DEFENSE-
RELATED INDUSTRIES OF THE UNITED STATES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States and its coalition allies achieved a great 
victory in Operation Desert Storm, carried out in the Persian 
Gulf region in the winter of 1991. 
(2) The outstanding success of Operation Desert Storm was 
due in great measure to the ready availability of weapons and 
weapon systems exhibiting remarkable accuracy through ad-
vanced technological design. 
(3) These weapons and weapon systems were designed and 
produced by the defense-related industries of the United States. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1477 
(4) The battle plan for Operation Desert Storm formulated by 
the commander of the United States Central Command relied 
on the availability and performance of these weapons and 
weapon systems. 
(5) The successful use of these weapons and weapon systems 
in accordance with that plan resulted in astonishingly small 
numbers of killed and wounded among the Armed Forces of the 
United States and of allied coalition forces in general. 
(b) SENSE OF CONGRESS.—It is the sense of Congress— 
(1) that the defense-related industries of the United States, 
and the men and women who work in those industries, deserve 
the gratitude and appreciation of the Congress and of the 
United States for the design and production of the techno-
logically-advanced weapons and weapon systems that helped to 
ensure victory in Operation Desert Storm; 
(2) that future decisions relating to the national security of 
the United States must take into account the need to maintain 
strong defense-related industries in the United States; and 
(3) that it is vitally important to the United States that the 
defense-related industries of the United States be capable of 
responding to the national security requirements of the United 
States. 
SEC. 1072. SENSE OF CONGRESS RELATING TO COOPERATION BETWEEN 
THE MILITARY DEPARTMENTS AND BIG BROTHERS AND BIG 
SISTERS ORGANIZATIONS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Big Brothers of America and the Big Sisters of Amer-
ica, consisting of 499 independent organizations located across 
the United States, assist at-risk children and the families of 
such children by establishing mentor programs that foster one-
to-one relationships between such children and concerned adult 
mentors. 
(2) The Big Brothers and Big Sisters organizations annually 
assist approximately 110,000 such children. 
(3) As a result of cooperation between the Department of 
Defense and Big Brothers and Big Sisters organizations, success-
ful mentor programs have been established at several military 
installations located in the United States and overseas. 
(4) There are an estimated 80,000 single-parent families, and 
at least 80,000 at-risk youth in those families, that are headed 
by members of the Armed Forces. 
(5) Appropriately trained members of the Armed Forces are 
exceptionally qualified to serve as concerned adult mentors of 
at-risk youths in Big Brothers and Big Sisters mentor programs. 
0?) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) additional cooperation between the Department of Defense 
and the Big Brothers and Big Sisters organizations located in 
communities near military installations will assist members of 
the Armed Forces serving at those installations and those 
communities in responding to the family support needs of those 
members and communities; and 
(2) the Secretary of Defense should take all practicable steps 
necessary to encourage such cooperation at military installa-
tions located in the United States and to promote the establish-
ment of additional Big Brothers and Big Sisters organizations at 
such installations located overseas. 
105 STAT. 1478 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 1073. COMMENDATION OF THE MILITARY COLLEGES FOR THEIR 
CONTRIBUTIONS TO TRAINING CITIZEN-SOLDIERS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The number of essential military colleges (institutions that 
the Department of Defense has recognized as constituting a 
special aspect of American higher education) has decreased 
from 11 institutions in 1914 to only 4 today: Norwich Univer-
sity, founded in 1819; Virginia Military Institute, established in 
1839; The Citadel, The Military College of South Carolina, 
chartered in 1842; and North Georgia College, which opened in 
1873. 
(2) The hallmark of these institutions has been their dedica-
tion to the principle of the citizen-soldier, and in this regard 
they are joined in spirit and devotion by the Cadet Corps at 
Texas A & M University and at Virginia Polytechnic Institute 
and State University. 
(3) Citizen-soldiers are educated, trained, and inspired to 
become productive members of society in any calling, but are 
also prepared to serve their country in a military role during 
times of war or national peril. 
(4) These citizen-soldiers have accepted as their duty an 
obligation to serve their country in every instance of war since 
the Mexican War, and have without fail or hesitation answered 
the CEill to arms—most recently with service in Southwest Asia 
as part of Operation Desert Storm. 
(b) RECOGNITION AND COMMENDATION.—In light of the findings in 
subsection (a), the Congress— 
(1) recognizes and commends military colleges for the unique 
contributions they have made and continue to make; and 
(2) urges citizens of the United States to support the concept 
of the citizen-soldier to which these colleges are dedicated. 
SEC. 1074. SENSE OF CONGRESS RELATING TO THE CHEMICAL DECON-
TAMINATION TRAINING FACILITY, FORT MCCLELLAN, ALA-
BAMA. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The possibility of use of chemical weapons by Iraqi forces 
was the most significant military threat confronted by members 
of the Armed Forces of the United States who served in the 
Persian Gulf region in connection with Operation Desert Storm. 
(2) There continues to be extreme concern with respect to the 
ever more rapid proliferation of chemical weapons and agents, 
especially among nations in the Middle East. 
(3) This proliferation makes it increasingly necessary that 
members of the Armed Forces have the capability of self-
defense against chemical weapons and agents. 
(4) Combat training with live chemical agents directly pro-
motes this capability by reducing the life-threatening fear and 
self doubt that some soldiers experience on a battlefield 
contaminated by chemical weapons or agents. 
(5) Such training further promotes this capability by enhanc-
ing the professional credibility of the members of the Armed 
Forces who train others with respect to chemical weapons and 
agents. 
(6) The Chemical Decontamination Training Facility (CDTF) 
located at Fort McClellan, Alabama, is the only facility for 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1479 
conducting combat training with live chemical agents in the 
Western Hemisphere. 
(7) The operations of the Chemical Decontamination Training 
Facility depend upon the support activities of the Army Chemi-
cal School which is also located at Fort McClellan, Alabama. 
(8) The Defense Base Closure and Realignment Commission 
has reported that the closure or diminished operation of the 
Chemical Decontamination Training Facility could have an 
adverse impact on the capability of the Armed Forces to defend 
against the use of chemical weapons and agents and, thus, on 
the national security of the United States. 
(9) The capability of members of the Armed Forces to defend 
against chemical weapons and agents depends upon maintain-
ing a fully operating facility for conducting combat training 
with live chemical agents located in the Western Hemisphere 
including maintaining associated support activities. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that the 
necessity for the Armed Forces to have an effective live chemical 
agent training facility requires that the Chemical Decontamination 
Training Facility and the Army Chemical School be continued in 
operation at Fort McClellan, Alabama, unless a new facility for 
conducting combat training with live chemical agents is constructed. 
SEC. 1075. POLICY REGARDING CONTRACTING WITH FOREIGN FIRMS 
THAT PARTICIPATE IN THE SECONDARY ARAB BOYCOTT. 
(a) RESTATEMENT OF POLICY REGARDING TRADE BOYCOTTS.—As 
stated in section 3(5)(A) of the Export Administration Act of 1979 (50 
U.S.C. App. 2402(5)(A)), it is the policy of the United States to oppose 
restrictive trade practices or boycotts fostered or imposed by foreign 
countries against other countries friendly to the United States or 
against any other United States person. 
(b) SENSE OF CONGRESS.—Consistent with the policy referred to in 
subsection (a), it is the sense of Congress that— 
(1) no Department of Defense prime contract should be 
awarded to a foreign person unless that person certifies to the 
Secretary of Defense that it does not comply with the secondary 
Arab boycott of Israel; and 
(2) the Secretary of Defense should consider developing a 
procurement policy to implement the policy expressed in para-
graph (1). 
SEC. 1076. SENSE OF CONGRESS CONCERNING ISSUANCE OF COMMEMO-
RATIVE 
CARD 
FOR 
OPERATION 
DESERT 
STORM 
SERVICEMEMBERS. 
(a) ISSUANCE OF CARD.—It is the sense of Congress that the Sec-
retary of Defense may issue a special commemorative card to each 
member of the Armed Forces who— 
(1) served in the Persian Gulf theater of operations in connec-
tion with the Persian Gulf conflict (including service as a 
member of an air crew over that theater); or 
(2) as a member of a reserve component or a retired member, 
was ordered to active duty in connection with the Persian Gulf 
conflict. 
(b) CONTENT.—Any such commemorative card shall indicate that 
the servicemember was a participant in the Persian Gulf conflict. 
105 STAT. 1480 
PUBLIC LAW 102-190—DEC. 5, 1991 
PART G—MISCELLANEOUS MATTERS 
SEC. 1081. SURVIVOR NOTIFICATION AND ASSISTANCE; ACCESS TO MILI-
TARY RECORDS OF SERVICE MEMBERS WHO DIE ON ACTIVE 
DUTY. 
(a) PoucY RE-EXAMINATION.—The Secretary of Defense shall re-
examine policies of the Department of Defense relating to casualty 
notification and assistance, including policies relating to the access 
of parents, spouses, and adult children to the records of deceased 
members of the Armed Forces. The review (1) should determine if 
existing regulations adequately respect a service member's wishes in 
the event of death on active duty, and (2) should consider new needs 
or problems resulting from complex family situations. The review 
should take into account experiences resulting from the Persian 
Gulf conflict and should seek to determine if changes in policy or 
procedures would be in the best interests of both service members 
and their families. 
(b) MATTERS TO BE EXAMINED.—The study should examine the 
advantages and disadvantages of each of the following: 
(1) Making the personnel records of a service member who 
dies on active duty available, in whole or in part, to any adult 
family member who requests those records. 
(2) Excluding from disclosure to family members certain types 
or categories of information in a deceased service member's 
personnel records and, if any should ever be excluded, identify-
ing what contents and under what circumstances. 
(3) Releasing to family members of a deceased service member 
relevant records not in the member's personnel records, such as 
any record of investigation into the circumstances of the mem-
ber's death. 
(4) Making autopsy reports automatically available to family 
members upon request. 
(5) Requiring that more than one family member make a 
request before activating the release of any information from 
the member's personnel records. 
(6) Revising the "Emergency Data" form prepared by service 
members (A) to allow specific provision for notification of addi-
tional family members in cases such as the case of a divorced 
service member who leaves children with both a current and a 
former spouse, or (B) to establish which family member should 
be entitled to have access to the service member's military 
r-;\, records. 
(7) Such other matters as the Secretary determines to be 
appropriate or relevant to the purposes of the study. 
(c) REPORT.—The Secretary shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
containing the results of the study not later than February 1, 1992. 
50 u s e 401 note. 
SEC. 1082. DISCLOSURE OF INFORMATION CONCERNING UNITED STATES 
PERSONNEL CLASSIFIED AS PRISONER OF WAR OR MISSING 
IN ACTION DURING VIETNAM CONFLICT. 
(a) PUBLIC AVAILABILITY OF INFORMATION.—(1) Except as provided 
in subsection (b), the Secretary of Defense shall, with respect to any 
information referred to in paragraph (2), place the information in a 
suitable library-like location within a facility within the National 
Capital region for public review and photocop5dng. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1481 
(2)(A) Paragraph (1) applies to any record, live-sighting report, or 
other information in the custody of the Department of Defense that 
relates to the location, treatment, or condition of any Vietnam-era 
POW/MIA on or after the date on which the Vietnam-era POW/ 
MIA passed from United States control into a status cleissified as a 
prisoner of war or missing in action, as the case may be, until that 
individual is returned to United States control. 
(B) For purposes of this section, a Vietnam-era POW/MIA is any 
member of the Armed Forces or civilian employee of the United 
States who was at any time classified as a prisoner of war or missing 
in action during the Vietnam era and whose person or remains have 
not been returned to United States control. 
(b) EXCEPTIONS.—(1) The Secretary of Defense may not make a 
record or other information available to the public pursuant to 
subsection (a) if— 
(A) the record or other information is exempt from the disclo-
sure requirements of section 552 of title 5, United States Code, 
by reason of subsection (b) of that section; or 
(B) the record or other information is in a system of records 
exempt from the requirements of subsection (d) of section 552a 
of such title pursuant to subsection (j) or (k) of that section. 
(2) The Secretary of Defense may not make a record or other 
information available to the public pursuant to subsection (a) if the 
record or other information specifically mentions a person by name 
unless— 
(A) in the case of a person who is alive (and not incapacitated) 
and whose whereabouts are known, that person expressly con-
sents in writing to the disclosure of the record or other informa-
tion; or 
(B) in the case of a person who is dead or incapacitated or 
whose whereabouts are unknown, a family member or family 
members of that person determined by the Secretary of Defense 
to be appropriate for such purpose expressly consent in writing 
to the disclosure of the record or other information. 
(3)(A) The limitation on disclosure in paragraph (2) does not apply 
in the case of a person who is dead or incapacitated or whose 
whereabouts are unknown if the family member or members of that 
person determined pursuant to subparagraph (B) of that paragraph 
cannot be located after a reasonable effort. 
(B) Paragraph (2) does not apply to the access of an adult member 
of the family of a person to any record or information to the extent 
that the record or other information relates to that person. 
(C) The authority of a person to consent to disclosure of a record or 
other information for the purposes of paragraph (2) mky be dele-
gated to another person or an organization only by means of an 
express legal power of attorney granted by the person authorized by 
that paragraph to consent to the disclosure. 
(c) DEADUNES.—(1) In the case of records or other information that 
are required by subsection (a) to be made available to the public and 
that are in the custody of the Department of Defense on the date of 
the enactment of this Act, the Secretary shall make such records 
and other information available to the public pursuant to this 
section not later than three years after that date. Such records or 
other information shall be made available as soon as a review 
carried out for the purposes of subsection (b) is completed. 
(2) Whenever after March 1, 1992, a department or agency of the 
Federal Government receives any record or other information re-
105 STAT. 1482 
PUBLIC LAW 102-190—DEC. 5, 1991 
ferred to in subsection (a) that is required by this section to be made 
available to the public, the head of that department or agency shall 
ensure that such record or other information is provided to the 
Secretary of Defense, and the Secretary shall make such record or 
other information available in accordance with subsection (a) as 
soon as possible and, in any event, not later than one year after the 
date on which the record or information is received by the depart-
ment or agency of the Federal Government. 
(3) If the Secretary of Defense determines that the disclosure of 
any record or other information referred to in subsection (a) by the 
date required by paragraph (1) or (2) may compromise the safety of a 
Vietnam-era POW/MIA who may still be alive in Southeast Asia, 
then the Secretary may withhold that record or other information 
from the disclosure otherwise required by this section. Whenever 
the Secretary makes a determination under the preceding sentence, 
the Secretary shall immediately notify the President and the Con-
gress of that determination. 
(d) DEFINITION.—For purposes of this section, the term "Vietnam 
era" has the meaning given that term in section 101 of title 38, 
United States Code. 
10 u s e 113 note. 
SEC. 1083. FAMILY SUPPORT CENTER FOR FAMILIES OF PRISONERS OF 
WAR AND PERSONS MISSING IN ACTION. 
President. 
(a) REQUEST FOR ESTABLISHMENT.—The President is authorized 
and requested to establish in the Department of Defense a family 
support center to provide information and assistance to members of 
the families of persons who at any time while members of the 
Armed Forces were classified as prisoners of war or missing in 
action in Southeast Asia and who have not been accounted for. Such 
a support center should be located in a facility in the National 
Capital region. 
(b) DUTIES.—The center should be organized and provided with 
such personnel as necessary to permit the center to assist family 
members referred to in subsection (a) in contacting the departments 
and agencies of the Federal Government having jurisdiction over 
matters relating to such persons. 
36 u s e 189 note. 
SEC. 1084. DISPLAY OF POW/MIA FLAG. 
(a) DISPLAY OF POW/MIA FLAG.—The POW/MIA flag, having 
been recognized and designated in section 2 of Public Law 101-355 
(104 Stat. 416) as the symbol of the Nation's concern and commit-
ment to resolving as fully as possible the fates of Americans still 
prisoner, missing, and unaccounted for, thus ending the uncertainty 
for their families and the Nation, shall be displayed— 
(1) at each national cemetery and at the National Vietnam 
Veterans Memorial each year on Memorial Day and Veterans 
Day and on any day designated by law as National POW/MIA 
Recognition Day; and 
(2) on, or on the grounds of, the buildings specified in subsec-
tion (b) on any day designated by law as National POW/MIA 
Recognition Day. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1483 
(b) SPECIFIED BUILDINGS FOR FLAG DISPLAY.—The buildings re-
ferred to in subsection (aX2) are the buildings containing the pri-
mary offices of— 
(1) the Secretary of State; 
(2) the Secretary of Defense; 
(3) the Secretary of Veterans Affairs; and 
(4) the Director of the Selective Service System. 
(c) PROCUREMENT AND DISTRIBUTION OF FLAGS.—Within 30 days 
after the date of the enactment of this Act, the Administrator of 
Greneral Services shall procure POW/MIA flags and distribute them 
as necessary to carry out this section. 
(d) TERMINATION OF FLAG DISPLAY REQUIREMENT.—Subsection (a) 
shall cease to apply upon a determination by the President that the 
fullest possible accounting has been made of all members of the 
Armed Forces and civilian employees of the United States who have 
been identified as prisoner of war or missing in action in Southeast 
Asia. 
(e) POW/MIA FLAG DEFINED.—As used in this section, the term 
"POW/MIA flag" means the National League of Families POW/ 
MIA flag recognized officially and designated by section 2 of Public 
Law 101-355 (104 Stat. 416). 
SEC. 1085. EXTENSION OF OVERSEAS WORKLOAD PROGRAM. 
Section 14650t)) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1700) is amended by lO USC 2341 
inserting after "fiscal year 1991" the following "or 1992". 
"o^^ 
SEC. 1086. TECHNICAL DATA PACKAGES FOR LARGE-CALIBER CANNON. 
(a) EXTENSION OF EXCEPTION TO ALL FRIENDLY FOREIGN COUN-
TRIES.—Subsection (bXD of section 4542 of title 10, United States 
Code, is amended by striking out "member nation" and all that 
follows through "major non-NATO ally" and inserting in lieu 
thereof "friendly foreign country". 
Ot)) CROSS-REFERENCE 
CORRECTIONS.—Such section is 
further 
amended— 
(1) in subsection (cX3), by striking out "subsection (d)" and 
inserting in lieu thereof "subsection (f)"; and 
(2) in subsection (f), bv striking out "subsection (bX3)" and 
inserting in lieu thereof subsection (cX3)". 
SEC. 1087. EMERGENCY DIRECT LOANS FOR SMALL BUSINESS CONCERNS 15 USC 636 note. 
LOCATED IN COMMUNITIES ADVERSELY AFFECTED BY 
TROOP DEPLOYMENTS DURING THE PERSIAN GULF CON-
FLICT. 
(a) LOANS AUTHORIZED.—The Administrator of the Small Business 
Administration may make an emergency direct loan to a small 
business concern described in subsection (d) that is located in a 
county in the United States in which at least five small business 
concerns have suffered severe economic injury as a result of the 
emergency deployment after July 31, 1990, in connection with the 
Persian Gulf conflict of members and units of the Armed Forces 
from military installations in or near that county. 
(b) AMOUNT OF LOAN.—A loan made under this section to a small 
business concern may not exceed $50,000. The terms and interest 
rates for loans under this section shall be the same £is the terms and 
interest rates provided for loans under section 7(c)(5XC) of the Small 
Business Act (15 U.S.C. 636(cX5XC)). 
105 STAT. 1484 
PUBLIC LAW 102-190—DEC. 5, 1991 
(c) SOURCE OF LOAN FUNDS.—The Secretary of Defense shall trans-
fer, to the extent provided in advance in appropriation Acts, funds of 
the Department of Defense to the Administrator of the Small Busi-
ness Administration as those funds are actually required for loans 
under subsection (a). The total amount so transferred may not 
exceed $30,000,000. The funds shall be transferred only from 
amounts made available to the Department of Defense pursuant to 
the authorization of appropriations contained in sections 4103(b) and 
4203(a) of the Defense Economic Adjustment, 
Diversification, 
Conversion, and Stabilization Act of 1990 (division D of Public Law 
101-510; 104 Stat. 1851, 1853). No funds other than the funds 
transferred under this subsection shall be used by the Administrator 
to provide loans under subsection (a). 
(d) EuGiBLE SMALL BUSINESS CONCERNS.—A small business con-
cern referred to in subsection (a) is a small business concern that— 
(1) has suffered economic injury as a result of the emergency 
deployment of members and units of the Armed Forces in 
connection with the Persian Gulf conflict; and 
(2) has been unable to obtain credit elsewhere. 
(e) APPUCATIONS FOR LOANS.—To receive a loan under subsection 
(a), an eligible small business concern shall submit an application to 
the Administrator of the Small Business Administration in such 
form and containing such information as the Administrator may 
require by regulation. The Administrator may not accept an applica-
tion for a loan under subsection (a) if the application is submitted 
after the end of the 180-day period beginning on the date on which 
the Administrator first accepts such applications. 
(f) DEFINITIONS.—For purposes of this section: 
(1) The term "small business concern" has the meaning given 
that term in section 3 of the Small Business Act (15 U.S.C. 632). 
(2) The term "county" includes other equivalent political 
subdivisions of a State. 
(g) REGULATIONS.—The Administrator of the Small Business 
Administration shall prescribe regulations to carry out this section 
not later than 10 days after the date of the enactment of this Act. 
Section 553 of title 5, United States Code, shall not apply with 
respect to promulgating such regulations, except that the Adminis-
trator may solicit comments in making any modification of such 
regulations. 
(h) EXPIRATION OF LOAN AUTHORITY.—The authority of the 
' 
Administrator of the Small Business Administration to make loans 
under subsection (a) shall expire at the end of the 270-day period 
beginning on the date on which the Administrator first accepts 
applications for loans under this section. 
SEC. 1088. ADDITIONAL DEPARTMENT OF DEFENSE 
SUPPORT FOR 
COUNTER-DRUG ACTIVITIES. 
(a) SUPPORT TO OTHER AGENCIES,—Section 1004 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
10 use 374 note. 510; 104 Stat. 1629) is amended— 
(1) in subsection (a), by striking out "During fiscal year 1991," 
and inserting in lieu thereof "During fiscal years 1991, 1992, 
s and 1993,"; and 
(2) in subsection (g), by striking out "under section 1001(1), 
$50,000,000" and inserting in lieu thereof "for fiscal year 1992 
under section 301(a)(14) of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993, $40,000,000". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1485 
G)) AERIAL AND MARITIME SUPPORT FOR COUNTER-DRUG ACTIVITIES 
OF LAW ENFORCEMENT AGENCIES.—Section 124(a) of title 10, United 
States Code, is amended— 
(1) by inserting "(1)" before "The Department"; and 
(2) by adding at the end the following new paragraph: 
"(2) The responsibility conferred by paragraph (1) shall be carried 
out in support of the counter-drug activities of Federal, State, local, 
and foreign law enforcement agencies.". 
SEC. 1089. TECHNICAL REVISIONS TO CHARTER FOR BARRY GOLDWATER 
SCHOLARSHIP AND EXCELLENCE IN EDUCATION PROGRAM. 
The Barry Goldwater Scholarship and Excellence in Education 
Act (title XIV of Public Law 99-661) is amended as follows: 
(1) Section 1404(bX3) (20 U.S.C. 4703(bX3)) is amended by 
striking out ", at least one of whom" and all that follows 
through "aerospace education". 
(2) Section 1408 (20 U.S.C. 4707) is amended— 
(A) in subsection (b), by striking out all after "in" in the 
second sentence and inserting in lieu thereof "public debt 
securities of the United States with maturities suitable to 
the fund."; and 
(B) in subsection (c)— 
(i) by striking out "(exceptional special obligations 
^ 
issued exclusively to the fund)"; and 
(ii) by striking out ", and such" and all that follows 
(3) Section 1410(b) (20 U.S.C. 4709(b)) is amended by striking 
out "be compensated" gind all that follows through "section 
5332" and inserting in lieu thereof "serve as a noncareer ap-
pointee of the Senior Executive Service and shall be com-
pensated at a rate determined by the Board in accordance with 
section 5383". 
SEC. 1090. PROTECTION OF KEYS AND KEYWAYS USED IN SECURITY AP-
PLICATIONS BY THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 67 of title 18, United States Code, is 
amended by adding at the end the following new section: 
"§ 1386. Keys and keyways used in security applications by the 
Department of Defense 
"(aXD Whoever steals, purloins, embezzles, or obtains by false 
pretense any lock or key to any lock, knowing that such lock or key 
has been adopted by any part of the Department of Defense, includ-
ing all Department of Defense agencies, military departments, and 
agencies thereof, for use in protecting conventional arms, ammuni-
tion or explosives, special weapons, and classified information or 
classified equipment shall be punished as provided in subsection (b). 
"(2) Whoever— 
"(A) knowingly and unlawfully makes, forges, or counterfeits 
any key, knowing that such key has been adopted by any part of 
the Department of Defense, including all Department of De-
n' fense agencies, military departments, and agencies thereof, for 
use in protecting conventional arms, ammunition or explosives, 
special weapons, and classified information or classified equip-
ment; or 
"(B) knowing that any lock or key has been adopted by any 
part of the Department of Defense, including all Department of 
105 STAT. 1486 
PUBLIC LAW 102-190—DEC. 5, 1991 
Defense agencies, military departments, and agencies thereof, 
for use in protecting conventional arms, ammunition or explo-
sives, special weapons, and classified information or classified 
equipment, possesses any such lock or key wdth the intent to 
unlawfully or improperly use, sell, or otherwise dispose of such 
lock or key or cause the same to be unlawfully or improperly 
used, sold, or otherwise disposed of, 
shall be punished as provided in subsection (b). 
"(3) Whoever, being engaged as a contractor or otherwise in the 
manufacture of any lock or key knowing that such lock or key has 
been adopted by any part of the Department of Defense, including 
all Department of Defense agencies, military departments, and 
^encies thereof, for use in protecting conventional arms, ammuni-
tion or explosives, special weapons, and classified information or 
classified equipment, delivers any such finished or unfinished lock 
or any such key to any person not duly authorized by the Secretary 
of Defense or his designated representative to receive the same, 
unless the person receiving it is the contractor for furnishing the 
same or engaged in the manufacture thereof in the manner au-
thorized by the contract, or the agent of such manufacturer, shall be 
punished as provided in subsection (b). 
"(b) Whoever commits an offense under subsection (a) shall be 
fined under this title or imprisoned not more than 10 years, or both. 
"(c) As used in this section, the term 'key' means any key, 
keyblank, or kejrway adopted by any part of the Department of 
Defense, including all Department of Defense agencies, military 
departments, and agencies thereof, for use in protecting conven-
tional arms, ammunition or explosives, special weapons, and classi-
fied information or classified equipment.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 67 of title 18, United States Code, is amended by adding 
after the item relating to section 1385 the following: 
"1386. Keys and keyways used in security applications by the Department of De-
fense.". 
SEC. 1091. ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM. 
Section 10 of the Military Selective Service Act (50 U.S.C. App. 
460) is amended— 
(1) in subsection (bX2), by striking out "without the approval 
of the Director"; and 
(2) in subsection (g), by striking out "semiannually" and 
inserting in lieu thereof "annually". 
SEC. 1092. SEPARATE 
MAINTENANCE 
ALLOWANCE 
FOR 
FEDERAL 
EMPLOYEES LOCATED AT JOHNSTON ISLAND. 
(a) AUTHORITY.—(1) Subchapter IV of chapter 59 of title 5, United 
States Code, is amended by inserting after section 5942 the follow-
ing: 
"§ 5942a. Separate maintenance allowance for duty at Johnston 
Island 
"(a) Notwithstanding section 5536 of this title, and under regula-
tions prescribed by the President, an employee of an Executive 
agency (other than a Government corporation) who is assigned to a 
post of duty at Johnston Island, a possession of the United States in 
the Pacific Ocean, is entitled to receive a separate maintenance 
allowance if the head of the employing agency finds that— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1487 
"(1) it is necessary for the employee to m£dntain the employ-
ee's spouse or dependents, or both, at a location other than 
Johnston Island— 
"(A) by reason of dangerous or adverse living conditions 
at Johnston Island; or 
"(B) for the convenience of the Federal Grovernment; and 
"(2) the allowance is needed to help the employee meet the 
additional expenses involved in maintaining the employee's 
spouse or dependents, or both, at such other location rather 
than at the post. 
"(b) The regulations prescribed by the President shall include 
provisions for determining the rate at which an allowance under 
this section shall be paid.". 
(2) The table of sections for chapter 59 of title 5, United States 
Code, is amended by inserting after the item relating to section 5942 
the following: 
"5942a. Separate maintenance allowance for duty at Johnston Island.". 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 5 use 5942a 
shall take effect on the first day of the first month beginning on or "°*®-
after the date of the enactment of this Act. 
SEC. 1093. EXTENSION OF FOREIGN POST DIFFERENTIALS TO CERTAIN 5 USC 5925 note. 
FEDERAL EMPLOYEES WHO SERVED IN CONNECTION WITH 
OPERATION DESERT STORM. 
(a) WAIVER OF REQUIREMENT THAT EMPLOYEE BE DETAILED TO A 
POST FOR AN "EXTENDED" PERIOD.—An individuEil who performed 
service of a type described in subsection (b) shall, upon appropriate 
written application, be granted the total amount to which such 
individual would have been entitled for such service under section 
5925(a) of title 5, United States Code, disregarding any eligibility 
requirement relating to the minimum period of time for which an 
individual must serve at, or be detailed to, a post. 
(b) DESCRIPTION OF SERVICE INVOLVED.—This section applies with 
respect to any period of service if, or to the extent that— 
(1) it was performed as an employee— 
(A) in connection with Operation Desert Storm; 
(B) during the Persian Gulf conflict; 
(C) at a post within the area designated by the President, 
in Executive Order 12744, as a "combat zone" for purposes 
of section 112 of the Internal Revenue Code of 1986; and 
(D) while a differential under section 5925(a) of title 5, 
United States Code, was authorized with respect to such 
post; and 
(2) no differential under such section 5925(a) was granted to 
such employee for such service. 
(c) REGULATIONS.—The President may prescribe any regulations 
necessary to carry out this section. 
(d) DEFINITIONS.—For the purpose of this section— 
(1) the term "employee" has the meaning given such term by 
section 5921(3) of title 5, United States Code; 
(2) the term "Operation Desert Storm" has the meaning given 
such term by section 3(1) of the Persian Gulf Conflict Supple-
mental Authorization and Personnel Benefits Act of 1991 (10 
U.S.C. 101 note); and 
(3) the term "Persian Gulf conflict" means the period begin-
ning on August 2,1990, £md ending on June 2,1991. 
105 STAT. 1488 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 1094. PROVISIONAL SUPERVISED EMPLOYMENT OF FEDERAL CHILD 
CARE SERVICES PERSONNEL. 
(a) EMPLOYMENT PENDING COMPLETION OF BACKGROUND CHECK.— 
Section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041) is 
amended— 
(1) in the second sentence of subsection (aXD, by striking out 
"6 months after the date of enactment of this chapter, and no 
additioned staff and inserting in lieu thereof "May 29, 1991. 
Except as provided in subsection 03X3), no additional staff"; and 
(2) in subsection (b), by adding at the end the following new 
paragraph: 
"(3) An agency or facility described in subsection (aXD may hire a 
staff person provisionally prior to the completion of a background 
check if, at all times prior to receipt of the background check during 
which children are in the care of the person, the person is within the 
sight and under the supervision of a staff person with respect to 
whom a background check has been completed.". 
(h) ADDITIONAL SAFETY MEASURES FOR FEDERAL CHILD CARE SERV-
ICE FACIUTIES.—It is the sense of Congress that each agency of the 
Federal Government, each facility operated by the Federal Govern-
ment, and each facility operated under contract with the Federal 
Government, that provides child care services to children under the 
age of 18— 
(1) modify child care facilities to the extent necessary to 
ensure that, except for restrooms, there are no secluded areas 
not open to the general view of persons in such facilities; 
(2) provide for regular oversight of the management and 
operations of child care facilities by an agency official who is 
not directly in charge of the operation of the facility; and 
(3) to the maximum extent feasible allow parental access to 
children in child care facilities at all times. 
SEC. 1095. IRAQ AND THE REQUIREMENTS OF SECURITY COUNCIL RESO-
LUTION 687. 
(a) FINDING.—The Congress finds that the Government of Iraq 
continues to violate United Nations Security Council Resolution 687, 
which required Iraq to submit within 15 days of its adoption on 
April 3, 1991, a declaration of the locations, amounts, and t3rpes of 
all weapons of mass destruction and to "unconditionally accept the 
destruction, removal or rendering harmless" of chemical weapons, 
biological weapons, and missiles with a range greater than 150 
kilometers and the removal of nuclear weapons-usable material. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) Iraq's noncompliance with United Nations Security Coun-
cil Resolution 687 constitutes a continuing threat to the peace, 
security, and stability of the Persian Gulf region; 
(2) the President should consult closely with the partners of 
the United States in the Desert Storm coalition and with the 
members of the United Nations Security Council in order to 
present a united front of opposition to Iraq's continuing non-
compliance with Security Council Resolution 687; and 
(3) the Congress supports the use of all necessary means to 
achieve the goals of Security Council Resolution 687 as being 
consistent with the Authorization for Use of Military Force 
Against Iraq Resolution (Public Law 102-1). 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1489 
SEC. 1096. IRAQ AND THE REQUIREMENTS OF SECURITY COUNCIL RESO-
LUTION 688. 
(a) FINDING.—The Congress finds that the Government of Iraq, 
through its ongoing suppression of the political opposition, including 
Kurds and Shias, continues to violate the Universal Declaration of 
Human Rights and United Nations Security Council Resolution 688 
which demanded that Iraq "ensure that the human and political 
rights of all Iraqi citizens are respected". 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) Iraq's noncompliance with United Nations Security Coun-
cil Resolution 688 constitutes a continuing threat to the peace, 
security, and stability of the Persian Gulf region; 
(2) the President should consult closely with the partners of 
the United States in the Desert Storm coalition and with the 
members of the United Nations Security Council in order to 
present a united front of opposition to Iraq's continuing non-
compliance with Security Council Resolution 688; and 
(3) the Congress supports the use of all necessary means to 
achieve the goals of United Nations Security Council Resolution 
688 consistent with all relevant United Nations Security Coun-
cil Resolutions and the Authorization for Use of Military Force 
Against Iraq Resolution (Public Law 102-1). 
SEC. 1097. ANNUAL REPORT ON THE PROLIFERATION OF MISSILES AND 22 USC 2751 
ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL, AND "o^^e. 
CHEMICAL WEAPONS. 
(a) REPORT REQUIRED.—(1) The President shall submit to the President. 
Committees on Armed Services and Foreign Affairs of the House of 
Representatives and the Committees on Armed Services and For-
eign Relations of the Senate an annual report on the transfer by any 
country of weapons, technology, or materials that can be used to 
deliver, manufacture, or weaponize nuclear, biological, or chemical 
weapons (hereinafter in this section referred to as "NBC weapons") 
to any country other than a country referred to in subsection (d) 
that is seeking to acquire such weapons, technology, or materials, or 
other system that the Secretary of Defense has reason to believe 
could be used to deliver NBC weapons. 
(2) The first such report shall be submitted not later than 90 days 
after the date of the enactment of this Act. 
(b) MATTERS TO BE COVERED.—Each such report shall cover— 
(1) the transfer of all aircraft, cruise missiles, artillery weap-
ons, unguided rockets and multiple rocket systems, and related 
bombs, shells, warheads and other weaponization technology 
and materials that the Secretary has reason to believe may be 
intended for the delivery of NBC weapons; 
(2) international transfers of MTCR equipment or technology 
to any country that is seeking to acquire such equipment or any 
other system that the Secretary has reason to believe may be 
used to deliver NBC weapons; and 
(3) the transfer of technology, test equipment, radioactive 
materials, feedstocks and cultures, and all other specialized 
materials that the Secretary has reason to believe could be used 
to manufacture NBC weapons. 
(c) CONTENT OF REPORT.—Each such report shall include the fol-
lowing: 
(1) The status of missile, aircraft, and other weapons delivery 
and weaponization programs in any such country, including 
105 STAT. 1490 
PUBLIC LAW 102-190—DEC. 5, 1991 
efforts by such country to acquire MTCR equipment, NBC-
capable aircraft, or any other weapon or major weapon compo-
nent which is dedicated to the delivery of NBC weapons, whose 
primary use is the delivery of NBC weapons, or that the Sec-
retary has reason to believe could be used to deliver NBC 
weapons. 
(2) The status of NBC weapons development, manufacture, 
and deployment programs in any such country, including efforts 
to acquire essential test equipment, manufacturing equipment 
and technology, weapon ization equipment and technology, and 
radioactive material, feedstocks or components of feedstocks, 
and biological cultures and toxins. 
(3) A description of assistance provided by any person or 
government, after the date of the enactment of this Act, to any 
such country in the development of— 
(A) missile systems, as defined in the MTCR or that the 
Secretary has reason to believe may be used to deliver NBC 
weapons; 
(B) aircraft and other delivery systems and weapons that 
the Secretary has reason to believe could be used to deliver 
NBC weapons; and 
(C) NBC weapons. 
(4) A listing of those persons and countries which continue to 
provide such equipment or technology described in paragraph 
(3) to any country as of the date of submission of the report. 
(5) A description of the diplomatic measures that the United 
States, and that other adherents to the MTCR and other agree-
ments affecting the acquisition and delivery of NBC weapons, 
have made with respect to activities and private persons and 
governments suspected of violating the MTCR and such other 
agreements. 
(6) An analysis of the effectiveness of the regulatory and 
enforcement regimes of the United States and other countries 
that adhere to the MTCR and other agreements affecting the 
acquisition and delivery of NBC weapons in controlling the 
export of MTCR and other NBC weapons and delivery system 
equipment or technology, 
(7) A summary of advisory opinions issued under section 
llB(b)(4) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2401b(b)(4)) and under section 73(d) of the Arms Export 
Control Act (22 U.S.C. 2797b(d)). 
(8) An explanation of United States policy regarding the 
transfer of MTCR equipment or technology to foreign missile 
programs, including programs involving launches of space ve-
hicles. 
(d) 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, the Netherlands, Norway, Portugal, Spain, Turkey, the 
United Kingdom, and the United States. 
(e) CLASSIFICATION OF REPORT.—The President shall make every 
effort to submit all of the information required by this section in 
unclassified form. Whenever the President submits any such 
information in classified form, he shall submit such classified 
information in an addendum and shall also submit concurrently a 
detailed summary, in unclassified form, of that classified informa-
tion. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1491 
(£) DEFINITIONS.—For purposes of this section: 
(1) The terms "missile", "MTCR", and "MTCR equipment or 
technology" have the meanings given those terms in section 74 
of the Arms Export Control Act (22 U.S.C. 2797c). 
(2) The term "weaponize" or "weaponization" means to incor-
porate into, or the incorporation into, usable ordnance or other 
militarily useful means of delivery. 
(g) REPEAL OF SUPERSEDED LAW.—Section 1704 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1749; 22 U.S.C. 2797) is repealed. 
TITLE XI—WARRANT OFFICER MANAGEMENT 
SEC. 1101. SHORT TITLE. 
This title may be cited as the "Warrant Officer Management 
Act". 
Warrant Officer 
Management 
Act. 
10 u s e 571 note. 
PART A—NEW WARRANT OFFICER PERSONNEL SYSTEM 
SEC. 1111. ESTABLISHMENT OF PERMANENT GRADE OF CHIEF WARRANT 
OFFICER, W-5. 
(a) EsTABUSHMENT OF GRADE.—The grade of chief warrant officer, 
W-5, is hereby established in the Army, Navy, Air Force, and 
Marine Corps. 
(b) BASIC PAY.—The table relating to warrant officer grades in 
section 2010)) of title 37, United States Code, is amended to read as 
follows: 
"Pay Grade: 
Warrant Officer Grade: 
w-5 
Chief Warrant Officer, w-5. 
W-4 
Chief Warrant Officer, W-4. 
W-3 
Chief Warrant Officer, W-3. 
W-2 
Chief Warrant Officer, W-2. 
W-1 
Warrant Officer, W-1.". 
(c) RATES OF PAY AND ALLOWANCES.—A warrant officer who holds 
the grade of Chief Warrant Officer, W-5, is entitled to pay and 
allowances at the monthly rates as follows: 
10 u s e 571 note. 
10 u s e 1009 
note. 
BASIC PAY 
Years of service computed 
under section 205 
22 or 
less 
Over 22 
Over 26 
W-5 
3455.90 
3587.10 
3846.30 
105 STAT. 1492 
PUBLIC LAW 102-190—DEC. 5, 1991 
BASIC ALLOWANCE FOR QUARTERS 
Without 
dependents 
With 
Pay grade 
^ 
depend-
Full rate 
Partial 
ents 
rate 
W-5 
573.00 
25.20 
626.40 
BASIC ALLOWANCE FOR SUBSISTENCE 
134.42 
(d) RATES FOR SPECIAL AND INCENTIVE PAYS AND TRANSPORTATION 
ALLOWANCES.—(1) The table relating to hazardous duty pay in sec-
tion 301(b) of title 37, United States Code, is amended by inserting 
below the item relating to the pay grade 0-1 the following: 
"W-5 
250". 
(2) The table relating to submarine duty pay for warrant officers 
in section 301c(b) of such title is amended— 
(A) by striking out the item relating to the pay grade W-4 the 
first place it appears and inserting in lieu thereof the following: 
"W-5 
$235 $310 $310 $355 $355 $355 $355 
"W-4 
235 310 310 355 355 355 355"; 
and 
(B) by striking out the item relating to the pay grade W-4 the 
second place it appears and inserting in lieu thereof the 
following: 
"W-5 
$355 $355 $355 $355 $355 $355 $355 
"W-4 
355 355 355 355 355 355 355". 
(3) The table relating to career sea pay for warrant officers in 
section 305a03) of such title is amended— 
(A) by inserting after the item relating to the pay grade W-4 
the first place it appears the following: 
"W-5 
150 150 150 150 170 290 
310"; 
(B) by inserting after the item relating to the pay grade W-4 
the second place it appears the following: 
"W-5 
310 310 310 350 375 400 450"; 
and 
(C) by inserting after the item relating to the pay grade W-4 
the last place it appears the following: 
"W-5 
450 500 500". 
(4) The table relating to transportation of baggage and household 
effects in section 406(b)(1)(C) of such title is amended by inserting 
after the item relating to the pay grade 0-1 the following: 
"W-5 
16,000 17,500". 
SEC. 1112. PROMOTION AND RETENTION OF WARRANT OFFICERS. 
(a) NEW WARRANT OFFICER PERSONNEL SYSTEM.—Part II of sub-
10 use 555 et 
title A of title 10, United States Code, is amended by striking out 
««9 
subchapter II of chapter 33 and inserting in lieu thereof the 
following: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1493 
"CHAPTER 
33A—APPOINTMENT, 
PROMOTION, 
AND INVOLUNTARY SEPARATION AND RETIRE-
MENT FOR MEMBERS ON THE WARRANT OFFI-
CER ACTIVE-DUTY LIST 
"Sec. 
"571. Warrant officers: grades. 
"572. Warrant officers: original appointment; service credit. 
"573. Convening of selection boards. 
"574. Warrant officer active-duty lists; competitive categories; number to be recom-
mended for promotion; promotion zones. 
"575. Recommendations for promotion by selection boards. 
"576. Information furnished to selection boards; selection procedures. 
"577. Promotions: effect of failure of selection for. 
"578. Promotions; how made; effective date. 
"579. Removal from a promotion list. 
"580. Regular warrant officers twice failing of selection for promotion: involuntary 
retirement or separation. 
"581. Selective retirement. 
"582. Warrant officer active-duty list: exclusions. 
"583. Definitions. 
*'§ 571. Warrant officers: grades 
"(a) The regular warrant officer grades in the Army, Navy, Air 
Force, and Marine Corps corresponding to the pay grades prescribed 
for warrant officers by section 201(b) of title 37 are as follows: 
"Warrant officer grade: 
"Chief warrant officer, W-5 
"Chief warrant officer, W-4 
"Chief warrant officer, W-3 
"Chief warrant officer, W-2 
"Warrant officer, W-1 
"Ot)) Appointments in the grade of regular warrant officer, W-1, 
shall be made by warrant by the Secretary concerned. Appoint-
ments in regular chief warrant officer grades shall be made by 
commission by the President. 
"(c) An appointment may not be made in any of the armed forces 
in the regular warrant officer grade of chief warrant officer, W-5, if 
the appointment would result in more than 5 percent of the warrant 
officers of that armed force on active duty being in the grade of chief 
warrant officer, W-5. In computing the limitation prescribed in the 
preceding sentence, there shall be excluded warrant officers de-
scribed in section 582 of this title. 
*'§ 572. Warrant officers: original appointment; service credit 
"For the purposes of promotion, persons originally appointed in 
regular or reserve warrant officer grades shall be credited with such 
service as the Secretary concerned may prescribe. However, such a 
person may not be credited with a period of service greater than the 
period of active service performed in the grade, or pay grade cor-
responding to the grade, in which so appointed, or in any higher 
grade or pay grade. 
"§ 573. Convening of selection boards 
"(aXl) Whenever the Secretary of a military department deter-
mines that the needs of the service so require, he shall convene a 
selection board to recommend for promotion to the next higher 
warrant officer grade warrant officers on the warrant officer active-
105 STAT. 1494 
PUBLIC LAW 102-190—DEC. 5, 1991 
duty list who are in the grade of chief warrant officer, W-2, chief 
warrant officer, W-3, or chief warrant officer, W-4. 
"(2) Warrant officers serving on the warrant officer active duty 
list in the grade of warrant officer, W-1, shall be promoted to the 
grade of chief warrant officer, W-2, in accordance with regulations 
prescribed by the Secretary of the military department concerned. 
Such regulations shall require that an officer have served not less 
than 18 months on active duty in the grade of warrant officer, W-1, 
before promotion to the grade of warrant officer, W-2. 
"Qi) A selection board shall consist of five or more officers who are 
on the active-duty list of the same armed force as the warrant 
officers under consideration by the board. At least five members of a 
selection board must be serving in a permanent grade above major 
or lieutenant commander. The Secretary concerned may appoint 
warrant officers, senior in grade to those under consideration, as 
additional members of the selection board. If warrant officers are 
appointed members of the selection board and if competitive cat-
egories have been established by the Secretary under section 574(b) 
of this title, at least one must be appointed from each warrant 
officer competitive category under consideration by the board, 
unless there is an insufficient number of warrant officers in the 
competitive category concerned who are senior in grade to those 
under consideration and qualified, as determined by the Secretary 
concerned, to be appointed as additional members of the board. 
"(c) The Secretary concerned may convene selection boards to 
recommend regular warrant officers for continuation on active duty 
under section 580 of this title and for retirement under section 581 
of this title. 
"(d) When reserve warrant officers of one of the armed forces are 
to be considered by a selection board convened under subsection (a), 
the membership of the board shall, if practicable, include at least 
one reserve officer of that armed force, with the exact number of 
reserve officers to be determined by the Secretary concerned. 
"(e) No officer may serve on two consecutive boards under this 
section, if the second board considers any warrant officer who was 
considered by the first board. 
"(f) The Secretary concerned shall prescribe all other matters 
relating to the functions and duties of the boards, including the 
number of members constituting a quorum, and instructions 
concerning notice of convening of boards and communications with 
boards. 
"§574. Warrant officer active-duty lists; competitive categories; 
number to be recommended for promotion; promotion 
zones 
"(a) The Secretary of each military department shall maintain for 
each armed force under the jurisdiction of that Secretary a single 
list of all warrant officers (other than warrant officers described in 
section 582 of this title) who are on active duty. 
"(b) The Secretary of each military department may establish 
competitive categories for promotion. Warrant officers in the same 
competitive category shall compete among themselves for pro-
motion. 
"(c) Before convening a selection board under section 573 of this 
title, the Secretary concerned shall determine for each grade (or 
grade and competitive category) to be considered by the board the 
following: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1495 
"(1) The maximum number of warrant officers to be rec-
ommended for promotion. 
"(2) A promotion zone for warrsmt officers on the warrant 
officer active-duty list. 
"(d) The position of a warrant officer on the warrant officer active-
duty list shall be determined as follows: 
"(1) Warrant officers shall be carried in the order of seniority 
of the grade in which they are serving on active duty. 
"(2) Warrant officers serving in the same grade shall be 
carried in the order of their rank in that grade. 
"(3) A warrant officer on the warrant officer active-duty list 
who receives a temporary appointment or a temporary assign-
ment in a grade other than a warrant officer grade or chief 
warrant officer grade shall retain his position on the warrant 
officer active duty list while so serving. 
"(e) A chief warrant officer may not be considered for promotion 
to the next higher grade under this chapter until the officer has 
completed three years of service on active duty in the grade in 
which the officer is serving. 
"§ 575. Recommendations for promotion by selection boards 
"(a) A selection board convened under section 573(a) of this title 
shall recommend for promotion to the next higher grade those 
warrant officers considered by the board whom the board, giving 
due consideration to the needs of the armed force concerned for 
warrant officers with particular skills, considers best qualified for 
promotion within each grade (or grade and competitive category) 
considered by the board. 
"(bXD In the case of a selection board to consider warrant officers 
for selection for promotion to the grade of chief warrant officer, W-
4, or chief warrant officer, W-5, the Secretary concerned shall 
establish the number of warrant officers that the selection board 
may recommend from among warrant officers being considered from 
below the promotion zone within each grade (or grade and competi-
tive category). The number of warrant officers recommended for 
promotion from below the promotion zone does not increase the 
maximum number of warrant officers which the board is authorized 
under section 574 of this title to recommend for promotion. 
"(2) The number of officers recommended for promotion from 
below the promotion zone may not exceed 10 percent of the total 
number recommended, except that the Secretary of Defense may 
authorize such percentage to be increased to not more than 15 
percent. 
"(c) A selection board convened under section 573(a) of this title 
may not recommend a warrant officer for promotion unless— 
"(1) the officer receives the recommendation of a majority of 
the members of the board; and 
"(2) a majority of the members of the board find that the 
officer is fully qualified for promotion. 
"(d) Each time a selection board is convened under section 573(a) 
of this title to consider warrant officers in a competitive category for 
promotion to the next higher grade, each warrant officer in the 
promotion zone, and each warrant officer above the promotion zone, 
for the grade and competitive category under consideration shall be 
considered for promotion. 
105 STAT. 1496 
PUBLIC LAW 102-190—DEC. 5, 1991 
"§ 576. Information to be furnished to selection boards; selection 
procedures 
"(a) The Secretary of the military department concerned shall 
furnish to each selection board convened under section 573 of this 
title the following: 
"(1) The maximum number of warrant officers that may be 
recommended for promotion from those serving in any grade (or 
grade and competitive category) to be considered, as determined 
in accordance with section 574 of this title. 
"(2) The names and pertinent records of all officers in each 
grade (or grade and competitive category) to be considered. 
"(3) Such information or guidelines relating to the needs of 
the armed force concerned for warrant officers having particu-
lar skills, including guidelines or information relating to the 
need for either a minimum number or a maximum number of 
officers with particular skills within a grade or competitive 
category, as the Secretary concerned determines to be relevant 
in relation to the requirements of that armed force. 
"(b) From each promotion zone for a grade (or grade and competi-
tive category), the selection board shall recommend for promotion to 
the next higher warrant officer grade those warrant officers whom 
it considers best qualified for promotion, but no more than the 
number specified by the Secretary concerned. 
"(c) The names of warrant officers selected for promotion under 
this section shall be arranged in the board's report in order of the 
seniority on the warrant officer active-duty list. 
Regulations. 
"(d) Under such regulations as the Secretary concerned may 
prescribe, the selection board shall report the names of those war-
rant officers considered by it whose records establish, in its opinion, 
their unfitness or unsatisfactory performance. A regular warrant 
officer whose name is so reported shall be considered, under regula-
tions provided by the Secretary concerned, for retirement or separa-
tion under section 1166 of this title. 
Reports. 
"(e) The report of the selection board shall be submitted to the 
Secretary of the military department concerned. The Secretary may 
approve or disapprove all or part of the report. 
"(fXD Upon receipt of the report of a selection board submitted to 
him under subsection (e), the Secretary concerned shall review the 
report to determine whether the board has acted contrary to law or 
regulation or to guidelines furnished the board under this section. 
Following such review, unless the Secretary concerned makes a 
determination as described in paragraph (2), the Secretary shall 
submit the report as required by subsection (e). 
"(2) If, on the basis of a review of the report under paragraph (1), 
the Secretary of the military department concerned determines that 
the board acted contrary to law or regulation or to guidelines 
furnished the board under this section, the Secretary shall return 
the report, together with a written explanation of the basis for such 
determination, to the board for further proceedings. Upon receipt of 
a report returned by the Secretary concerned under this paragraph, 
the selection board (or a subsequent selection board convened under 
section 573 of this title for the same grade and competitive category) 
shall conduct such proceedings as may be necessary in order to 
revise the report to be consistent with law, regulation, and such 
guidelines and shall resubmit the report, as revised, to the Secretary 
in accordance with subsection (e). 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1497 
"§ 577. Promotions: effect of failure of selection for 
"A warrant officer who has been considered for promotion by a 
selection board convened under section 573 of this title, but not 
selected, shall be considered for promotion by each subsequent 
selection board that considers officers in his grade (or grade and 
competitive category) until he is retired or separated or he is 
selected for promotion. However, the Secretary concerned may, by 
regulation, preclude from consideration by a selection board by 
which he would otherwise be eligible to be considered, a warrant 
officer who has an established separation date that is within 90 days 
after the date on which the board is convened. 
"§ 578. Promotions; how made; effective date 
"(a) When the report of a selection board convened under this 
chapter is approved by the Secretary concerned, the Secretary shall 
place the neimes of the warrant officers approved for promotion on a 
single promotion list for each grade (or grade and competitive 
category), in the order of the seniority of such officers on the 
warrant officer active-duty list. 
"(b) Promotions of warrant officers on the warrant officer pro-
motion list shall be made when, in accordance with regulations 
issued by the Secretary concerned, additional warrant officers in 
that grade (or grade and competitive category), are needed. 
"(c) A regular warrant officer who is promoted is appointed in the 
regular grade to which promoted, and a reserve warrant officer who 
is promoted is appointed in the reserve grade to which promoted. 
The date of appointment in that grade and date of rank shall be 
prescribed by the Secretary concerned. A warrant officer is entitled 
to the pay and allowances for the grade to which appointed from the 
date specified in the appointment order. 
"(d) Promotions shall be made in the order in which the names of 
warrant officers appear on the promotion list and after warrant 
officers previously selected for promotion in the applicable grade (or 
grade and competitive category) have been promoted. 
"§ 579. Removal from a promotion list 
"(a) The name of a warrant officer recommended for promotion by 
a selection board convened under this chapter may be removed from 
the report of the selection board by the President. 
"(b) The Secretary concerned may remove the name of a warrant 
officer who is on a promotion list as a result of being recommended 
for promotion by a selection board convened under this chapter at 
any time before the promotion is effective. 
'(c) An officer whose name is removed from the list of officers 
recommended for promotion by a selection board continues to be 
eligible for consideration for promotion. 
"(d) If the next selection board that considers the warrant officer 
for promotion under this chapter selects the warrant officer for 
promotion and the warrant officer is promoted, the Secretary con-
cerned may, upon his promotion, grant him the same effective date 
for pay and allowances and the same date of rank, and the same 
position on the warrant officer active-duty list as the warrant officer 
would have had if his name had not been so removed. 
"(e) If the next selection board does not select the warrant officer 
for promotion, or if his name is again removed under subsection (a) 
from the list of officers recommended for promotion by the selection 
49-194 O - 92 - 18 : QL. 3 Part 2 
105 STAT. 1498 
PUBLIC LAW 102-190—DEC. 5, 1991 
board or under subsection (b) from the warrant officer promotion 
list, he shall be treated for all purposes as if he has twice failed of 
selection for promotion. 
"§ 580. Regular warrant officers twice failing of selection for pro-
motion: involuntary retirement or separation 
"(aXl) Unless retired or separated sooner under some other provi-
sion of law, a regular chief warrant officer who has twice failed of 
selection for promotion to the next higher regular warrant officer 
grade shall be retired under paragraph (2) or (3) or separated from 
active duty under paragraph (4). 
"(2) If a warrant officer described in pareigraph (1) has more than 
20 years of creditable active service on (A) the date on which the 
Secretary concerned approves the report of the board under section 
576(e) of this title, or (B) the date on which his name was removed 
from the recommended list under section 579 of this title, whichever 
applies, the warrant officer shall be retired. The date of such 
retirement shall be not later than the first day of the seventh 
calendar month beginning after the applicable date under the 
preceding sentence, except as provided by section 8301 of title 5. A 
warrant officer retired under this paragraph shall receive retired 
pay computed under section 1401 of this title. 
"(3) If a warrant officer described in paragraph (1) has at least 18 
but not more than 20 years of creditable active service on (A) the 
date on which the Secretary concerned approves the report of the 
board under section 576(e) of this title, or (B) the date on which his 
name was removed from the recommended list under section 579 of 
this title, whichever applies, the warrant officer shall be retired not 
later than the date determined under the next sentence unless he is 
selected for promotion to the next higher regular warrant officer 
grade before that date. The date of the retirement of a warrant 
officer under the preceding sentence shall be on a date specified by 
the Secretary concerned, but not later than the first day of the 
seventh calendar month beginning after the date upon which he 
completes 20 years of active service, except as provided by section 
8301 of title 5. A warrant officer retired under this paragraph shall 
receive retired pay computed under section 1401 of this title. 
"(4)(A) If a warrant officer described in paragraph (1) has less than 
18 years of creditable active service on (i) the date on which the 
Secretary concerned approves the report of the board under section 
576(e) of this title, or (ii) the date on which his name was removed 
from the recommended list under section 579 of this title, whichever 
applies, the warrant officer shall be separated. The date of such 
separation shall be not later than the first day of the seventh 
calendar month beginning after the applicable date under the 
preceding sentence. 
"(B) A warrant officer separated under this paragraph shall re-
ceive separation pay computed under section 1174 of this title except 
in a ceise in which— 
"(i) upon his request and in the discretion of the Secretary 
concerned, he is enlisted in the grade prescribed by the Sec-
retary; or 
"(ii) he is serving on active duty in a grade above chief 
warrant officer, W-5, and he elects, with the consent of the 
Secretary concerned, to remain on active duty in that status. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1499 
"(5) A warrant officer who is subject to retirement or discharge 
under this subsection is not eligible for further consideration for 
promotion. 
"(6) In this subsection, the term 'creditable active service' means 
active service that could be credited to a warrant officer under 
section 511 of the Career Compensation Act of 1949, as amended (70 
Stat. 114). 
"(h) The Secretary concerned may defer, for not more than four 
months, the retirement or separation under this section of a war-
rant officer if, because of unavoidable circumstances, evaluation of 
his physical condition and determination of his entitlement to 
retirement or separation for physical disability require hospitaliza-
tion or medical observation that cannot be completed before the date 
on which he would otherwise be required to retire or be separated 
under this section. 
"(c) The Secretary concerned may defer, until such date as he 
prescribes, the retirement under subsection (a) of a warrant officer 
who is serving on active duty in a grade above chief warrant officer, 
W-5, and who elects to continue to so serve. 
"(d) If a warrant officer who also holds a grade above chief 
warrant officer, W-5, is retired or separated under subsection (a), his 
commission in the higher grade shall be terminated on the date on 
which he is so retired or separated. 
"(e)(1) A regular warrant officer subject to discharge or retirement 
under this section may, subject to the needs of the service, be 
continued on active duty if he is selected for continuation on active 
duty by a selection board convened under section 573(c) of this title. 
"(2) A warrant officer who is selected for continuation on active 
duty under this subsection but declines to continue on active duty 
shall be discharged, retired, or retained on active duty, as appro-
priate, in accordance with this section. 
"(3) Each warrant officer who is continued on active duty under 
this subsection, not subsequently promoted or continued on active 
duty, and not on a list of warrant officers recommended for continu-
ation or for promotion to the next higher regular grade shall, unless 
sooner retired or discharged under another provision of law— 
"(A) be discharged upon the expiration of his period of contin-
ued service; or 
"(B) if he is eligible for retirement under any provision of law, 
be retired under that law on the first day of the first month 
following the month in which he completes his period of contin-
ued service. 
Notwithstanding subparagraph (A), a warrant officer who would 
otherwise be discharged under such subparagraph and who is within 
two years of qualifying for retirement under section 1293 of this title 
shall, unless he is sooner retired or discharged under some other 
provision of law, be retained on active duty until he is qualified for 
retirement under that section and then be retired. 
"(4) The retirement or discharge of a warrant officer pursuant to 
this subsection shall be considered to be an involuntary retirement 
or discharge for purposes of any other provision of law. 
"(5) Continuation of a warrant officer on active duty under this 
subsection pursuant to the action of a selection board convened 
under section 573(c) of this title is subject to the approval of the 
Secretary concerned. 
"(6) The Secretary of Defense shall prescribe regulations for the Regulations. 
administration of this subsection. 
105 STAT. 1500 
PUBLIC LAW 102-190—DEC. 5, 1991 
"§ 581. Selective retirement 
"(a) A regular warrant officer in the Army, Navy, Air Force, or 
Marine Corps who holds a warrant officer grade above warrant 
officer, W-1, and whose name is not on a list of warrant officers 
recommended for promotion and who is eligible to retire under any 
provision of law may be considered for retirement by a selection 
board convened under section 573(c) of this title. The Secretary 
concerned shall specify the maximum number of warrant officers 
that such a board may recommend for retirement. 
"(b) A warrant officer who is recommended for retirement under 
this section and whose retirement is approved by the Secretary 
concerned shall be retired, under any provision of law under which 
he is eligible to retire, on the date requested by him and approved by 
the Secretary concerned, which date shall be not later than the first 
day of the seventh calendar month beginning after the month in 
which the Secretary concerned approves the report of the board 
which recommended the officer for retirement. 
"(c) The retirement of a warrant officer pursuant to this section 
shall be considered to be an involuntary retirement for purposes of 
any other provision of law. 
Regulations. 
"(d)(1) The Secretary concerned shall prescribe regulations for the 
administration of this section. Such regulations shall require that 
when the Secretary concerned submits a list of regular warrant 
officers to a selection board convened under section 573(c) of this 
title to consider regular warrant officers for selection for retirement 
under this section, the list shall include each warrant officer on the 
active-duty list in the same grade or same grade and competitive 
category whose position on the active-duty list is between that of the 
most junior regular warrant officer in that grade whose name is 
submitted to the board and that of the most senior regular warrant 
officer in that grade whose name is submitted to the board. 
"(2) Such regulations shall establish procedures to exclude from 
consideration by the Board any warrant officer who has been ap-
proved for voluntary retirement, or who is to be mandatorily retired 
under any other provision of law, during the fiscal year in which the 
Board is convened or during the following fiscal year. An officer not 
considered by a selection board convened under section 573(c) of this 
title under such regulations because the officer has been approved 
for voluntary retirement shall be retired on the date approved for 
the retirement of such officer as of the convening date of such 
selection board unless the Secretary concerned approves a modifica-
tion of such date in order to prevent a personal hardship for the 
officer or for other humanitarian reasons. 
"§ 582. Warrant ofticer active-duty list: exclusions 
"Warrant officers in the following categories are not subject to 
this chapter: 
"(1) Reserve warrant officers— 
"(A) on active duty for training; 
"(B) on active duty under section 672(d) of this title in 
connection with organizing, administering, 
recruiting, 
instructing, or training the reserve components; 
"(C) on active duty to pursue special work; 
"(D) ordered to active duty under section 673b of this 
title; or 
"(E) on full-time National Guard duty. 
PUBLIC LAW 102-190-DEC. 5, 1991 
105 STAT. 1501 
"(2) Retired warrant officers on active duty. 
"(3) Students enrolled in the Army Physician's Assistant 
Program. 
i -
^ 
"§ 583. Definitions 
"In this chapter: 
"(1) The term 'promotion zone' means a promotion eligibility 
category consisting of officers on a warrant officer active-duty 
list in the same grade (or the same grade and competitive 
category) who— 
"(A) in the case of grades below chief warrant officer, 
W-5, have neither (i) failed of selection for promotion to the 
next higher grade, nor (ii) been removed from a list of 
warrant officers recommended for promotion to that grade 
(other than after having been placed on that list after a 
selection from below the promotion zone); and 
"(B) are senior to the warrant officer designated by the 
Secretary concerned to be the junior warrant officer in the 
promotion zone eligible for promotion to the next higher 
grade. 
"(2) The term 'warrant officers above the promotion zone' 
means a group of officers on a warrant officer active-duty list in 
the same grade (or the same grade and competitive category) 
who— 
"(A) are eligible for consideration for promotion to the 
next higher grade; 
"(B) are in the same grade as warrant officers in the 
promotion zone; and 
"(C) are senior to the senior warrant officer in the pro-
motion zone. 
"(3) The term 'warrant officers below the promotion zone' 
means a group of officers on a warrant officer active-duty list in 
the same grade (or the same grade and competitive category) 
who— 
"(A) are eligible for consideration for promotion to the 
next higher grade; 
"(B) are in the same grade as warrant officers in the 
promotion zone; and 
"(C) are junior to the junior warrant officer in the pro-
motion zone.", 
(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) Chapter 33 of 
such title is amended by striking out the chapter heading, the table 
of subchapters, and the heading of subchapter I and inserting in lieu 
thereof the following: 
"CHAPTER 33—ORIGINAL APPOINTMENTS OF 
REGULAR OFFICERS 
IN 
GRADES 
ABOVE WAR-
RANT 
OFFICER 
GRADES". 
(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 
stnking out the item relating to chapter 33 and inserting in lieu 
thereof the following: 
"33. Original Appointments of Regular Officers in Grades Above Warrant Of-
ficer Grades 
531 
105 STAT. 1502 
PUBLIC LAW 102-190—DEC. 5, 1991 
"33A. Appointment, Promotion, and Involuntary Separation and Retirement 
for Members on the Warrant Officer Active-Duty List 
571". 
SEC. 1113. TEMPORARY APPOINTMENTS. 
(a) REPEAL OF PERMANENT AUTHORITY FOR TEMPORARY PRO-
MOTIONS.—Section 602 of title 10, United States Code, is repealed. 
0)) AUTHORITY FOR TEMPORARY APPOINTMENTS DURING WAR OR 
NATIONAL EMERGENCY.—Section 603(a) of such title is amended— 
(1) by striking out "commissioned"; 
(2) by striking out "in warrant officer grades or"; and 
(3) by striking out the period at the end of the second sentence 
and inserting in lieu thereof ", except that an appointment in 
the grade warrant officer, W-1, shall be made by warrant by the 
Secretary concerned.". 
(c) NAVY AND MARINE CORPS WARRANT OFFICER APPOINTMENTS.— 
Section 5596 of such title is amended— 
(1) in subsection (a), by striking out "appointments—" and all 
that follows through "of officers designated" and inserting in 
lieu thereof "appointments of officers designated"; and 
(2) in subsection (d), by striking out "subsection (aX2)" and 
inserting in lieu thereof "subsection (a)". 
(d) TECHNICAL AND CLERICAL AMENDMENTS.—(IXA) The heading of 
section 603 of such title is amended to read as follows: 
"§ 603. Appointments in time of war or national emergency". 
(B) The table of sections at the beginning of chapter 35 of such 
title is amended by striking out the items relating to sections 602 
and 603 and inserting in lieu thereof the following: 
"603. Appointments in time of war or national emergency.". 
(2XA) The heading of section 5596 of such title is amended by 
striking out "warrant ofHcers and". 
(B) The item relating to section 5596 in the table of sections at the 
beginning of chapter 539 of such title is amended by striking out 
"warrant officers and". 
SEC. 1114. RANK OF WARRANT OFFICERS. 
(a) RANK WITHIN GRADE.—Chapter 43 of title 10, United States 
Code, is amended by inserting after section 741 the following new 
section: 
"§ 742. Rank: warrant officers 
"(a) Among warrant officer grades, warrant officer grades of a 
higher numerical designation are senior to warrant officer grades of 
a lower numerical designation. 
"0)) Rank among warrant officers of the same grade, and date of 
rank of warrant officers, is determined in the same manner as 
prescribed in section 741 of this title for officers in grades above 
warrant officer grades.". 
(b) CONFORMING REPEAL.—Section 745 of such title is repealed. 
(c) CLERICAL AMENDMENTS.—The table of sections at the beginning 
of chapter 43 of such title is amended— 
(1) by inserting after the item relating to section 741 the 
following new item: 
"742. Rank: warrant officers."; 
and 
(2) by striking out the item relating to section 745. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1503 
SEC. 1115. SUSPENSION IN TIME OF WAR OR NATIONAL EMERGENCY. 
Section 644 of title 10, United States Code, is amended by striking 
out "commissioned" in the first sentence. 
SEC. 
1116. MANDATORY RETIREMENT OF REGULAR ARMY WARRANT 
OFFICERS FOR LENGTH OF SERVICE. 
Section 1305(a) of title 10, United States Code, is amended— 
(1) by striking out "A permanent regular warrant officer" and 
inserting in lieu thereof "(1) Except as provided in paragraph 
(2), a regular warrant officer (other than a regular Army war-
rant officer in the grade of chief warrant officer, W-5)'; and 
(2) by adding at the end the following new paragraph: 
"(2XA) A regular Army warrant officer in the grade of chief 
warrant officer, W-5, who has at least 30 years of active service as a 
warrant officer that could be credited to him under section 511 of 
the Career Compensation Act of 1949, as amended (70 Stat. 114), 
shall be retired 60 days after the date on which he completes that 
service, except as provided by section 8301 of title 5. 
"(B) A regular Army warrant officer in a warrant officer grade 
below the grade of chief warrant officer, W-5, who completes 24 
years of active service as a warrant officer before he is required to 
be retired under paragraph (1) shall be retired 60 days after the date 
on which he completes 24 years of active service as a warrant 
officer, except as provided by section 8301 of title 5.". 
PART B—TRANSITION AND SAVINGS PROVISIONS 
lo use 571 note. 
SEC. 
1121. TRANSITION FOR CERTAIN REGULAR WARRANT OFFICERS 
SERVING IN A HIGHER TEMPORARY GRADE BELOW CHIEF 
WARRANT OFFICER, W-5. 
(a) CERTAIN OFFICERS TO BE CONSIDERED AS RECOMMENDED FOR 
PROMOTION.—A regular warrant officer of the Armed Forces (other 
than the Coast Guard) who on the effective date of this title is on 
active duty and— 
(1) is serving in a temporary grade below chief warrant 
officer, W-5, that is higher than his permanent grade; 
(2) is on a list of officers recommended for promotion to a 
temporary grade below chief warrant officer, W-5; or 
(3) is on a list of officers recommended for promotion to a 
permanent grade higher than the grade in which he is serving; 
shall be considered to have been recommended by a board convened 
under section 573 of title 10, United States Code, as added by this 
title, for promotion to the permanent grade equivalent to the grade 
in which he is serving or for which he has been recommended for 
promotion, as the case may be. 
(b) BOARD CONSIDERATION FOR OFFICERS REMOVED FROM PRO-
MOTION LIST.—An officer referred to in paragraph (1) of subsection 
(a) who is not promoted to the grade to which he is considered under 
such subsection to have been recommended for promotion because 
his name is removed from a list of officers who are considered under 
such paragraph to have been recommended for promotion shall be 
considered by a board convened under section 573 of title 10, United 
States Code, as amended by this title, for promotion to the perma-
nent grade equivalent to the temporary grade in which he was 
serving on the effective date of this title as if he were serving in his 
permanent grade. 
105 STAT. 1504 
PUBLIC LAW 102-190—DEC. 5, 1991 
(c) DATE OF RANK.—The date of rank of an officer referred to in 
subsection (a)(1) who is promoted to the grade in which he is serving 
on the effective date of this title is the date of his temporary 
appointment in that grade. 
SEC. 
1122. TRANSITION FOR CERTAIN RESERVE WARRANT OFFICERS 
SERVING IN A HIGHER TEMPORARY GRADE BELOW CHIEF 
WARRANT OFFICER, W-5. 
(a) CERTAIN OFFICERS TO BE CONSIDERED AS RECOMMENDED FOR 
PROMOTION.—(1) Except as provided in subsection (b), a reserve 
warrant officer of the Armed Forces (other than the Coast Guard) 
who on the effective date of this title is subject to placement on the 
warrant officer active-duty list and who— 
(A) is serving in a temporary grade below chief warrant 
officer, W-5, that is higher than his permanent grade; or 
(B) is on a list of warrant officers recommended for promotion 
to a temporary grade below chief warrant officer, W-5, that is 
the same as or higher than his permanent grade; 
shall be considered to have been recommended by a board convened 
under section 598 of title 10, United States Code, for promotion to 
the permanent grade equivalent to the grade in which he is serving 
or for which he has been recommended for promotion, as the case 
may be. 
(2) The date of rank of a warrant officer referred to in paragraph 
(1)(A) who is promoted to the grade in which he is considered under 
such paragraph to have been recommended for promotion is the 
date of his temporary appointment in that grade. 
(b) RESERVES ON ACTIVE DUTY.—A reserve warrant officer who on 
the effective date of this title— 
(1) is subject to placement on the warrant officer active-duty 
list; 
(2) is serving on active duty in a temporary grade; and 
(3) holds a permanent grade higher than the temporary grade 
in which he is serving, 
shall while continuing on active duty retain such temporary grade 
and shall be considered for promotion to a grade equal to or lower 
than his permanent grade as if such temporary grade is a perma-
nent grade. If such warrant officer is recommended for promotion, 
his appointment to such grade shall be a temporary appointment. 
SEC. 1123. CONTINUATION OF CERTAIN TEMPORARY APPOINTMENTS OF 
NAVY AND MARINE CORPS WARRANT OFFICERS. 
A warrant officer of the Navy or Marine Corps who, on the 
effective date of this title, is subject to placement on the warrant 
officer active-duty list and who— 
(1) was appointed as a temporary warrant officer under sec-
tion 5596 of title 10, United States Code, and 
(2) has retained a permanent enlisted status, 
shall, while continuing on active duty, retain such temporary status 
and grade. Such an officer shall be considered for promotion to a 
higher warrant officer grade under this title as if that temporary 
grade is a permanent grade. If the officer is recommended for 
promotion, the officer's appointment to that grade shall be a tem-
porary appointment. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1505 
SEC. 1124. SAVINGS PROVISION FOR CERTAIN REGULAR ARMY WARRANT 
OFFICERS FACING MANDATORY RETIREMENT FOR LENGTH 
OF SERVICE. 
(a) SAVINGS PROVISION.—Subject to subsection Qo), a regular war-
rant officer of the Army who on the effective date of this title— 
(1) is a permanent regular chief warrant officer; or 
(2) is on a list of officers recommended for promotion to a 
regular chief warrant officer grade, 
may be retained on active duty until he completes 30 years of active 
service or 24 years of active warrant officer service, whichever is 
later, that could be credited to him under section 511 of the Career 
Compensation Act of 1949 (70 Stat. 114) (as in effect on the day 
before the effective date of this part), and then be retired under the 
appropriate provision of title 10, United States Code, on the first day 
of the month after the month in which he completes that service. 
(b) EXCEPTIONS.—Subsection (a) does not apply to a regular war-
rant officer who— 
(1) is sooner retired or separated under another provision of 
law; 
(2) is pron\oted to the regular grade of chief warrant officer, 
W-5; or 
(3) is continued on active duty under section 580(e) of title 10, 
United States Code, as added by this title. 
SEC. 1125. PRESERVATION OF EXISTING LAW FOR COAST GUARD. 
(a) IN GENERAL.—Notwithstanding any other provision of law, the 10 use 555 note. 
provisions of sections 555 through 565 of title 10, United States Code, 
as in effect on the day before the effective date of this title, shall 
continue to apply to the Coast Guard on and after that date. 
(b) CONFORMING AMENDMENTS TO TITLE 14, UNITED STATES CODE.— 
(1) Section 286a(a) of title 14, United States Code, is amended by 
inserting "(as in effect on the day before the effective date of the 
Warrant Officer Management Act)" after "section 564(aX3) of title 
10". 
(2) Section 334(b) of such title is amended by striking out "section 
564, 1263, 1293, or 1305 of title 10" and inserting in lieu thereof 
"section 564 of title 10 (as in effect on the day before the effective 
date of the Warrant Officer Management Act) or 1263, 1293, or 1305 
of title 10". 
PART C—TECHNICAL AND CONFORMING AMENDMENTS AND 
EFFECTIVE DATE 
SEC. 1131. TECHNICAL AND CONFORMING AMENDMENTS. 
Title 10, United States Code, is amended as follows: 
(1)(A) Sections 521(a) and 741(dX3) are amended by striking 
out "warrant officer (W-4)" and inserting in lieu thereof "chief 
warrant officer, W-5,". 
(B) Section 522 is amended by striking out "chief warrant 
officer (W-4)" and inserting in lieu thereof "chief warrant 
officer, W-5,". 
(2) Section 597(a) is amended by striking out "section 555(a)" 
and inserting in lieu thereof "section 571(a)". 
(3) Section 598 is amended by inserting "not on the warrant 
officer active-duty list" after "reserve warrant officers". 
105 STAT. 1506 
PUBLIC LAW 102-190—DEC. 5, 1991 
(4) Section 628(a)(1) is amended by striking out "section 558" 
and inserting in lieu thereof "section 573". 
(5) Section 1166(a) is amended by striking out "section 560" 
and inserting in lieu thereof "section 576". 
(6) Section 1174(a) is amended by striking out "section 564" 
and inserting in lieu thereof "section 580". 
(7) Section 1406 is amended by striking out "564" in the first 
column in the table in subsection (b) and inserting in lieu 
thereof "580". 
(8)(A) Sections 5414, 5457, 5458, 5501, 5502, 5600(a)(1), 5665, 
6389(d), and 6391(a) are amended by striking out "W-4" each 
place it appears (including in section headings) and inserting in 
lieu thereof "W-5". 
(B) The table of sections at the beginning of each chapter of 
title 10, United States C!ode, containing a section referred to in 
subparagraph (A) (other thsin sections 5600, 6389, and 6391) is 
amended by striking out "W-4" in the item relating to each 
such section and inserting in lieu thereof "W-5". 
(9) Section 5503 is amended— 
(A) by redesignating paragraphs (1), (2), (3), and (4) as 
paragraphs (2), (3), (4), and (5), respectively; and 
(B) by inserting before paragraph (2), as so redesignated, 
the following new paragraph (1): 
"(1) Chief warrant officer, W-5.". 
10 u s e 521 note. 
SEC. 1132. EFFECTIVE DATE. 
This title and the amendments made by this title shall take effect 
on February 1,1992. 
TITLE XII~SUPPLEMENTAL AUTHORIZATION OF 
APPROPRIATIONS FOR OPERATION DESERT STORM 
SEC. 1201. EXTENSION OF SUPPLEMENTAL AUTHORIZATIONS. 
(a) APPUCABILITY OF PUBUC LAW 102-25 AUTHORIZATIONS TO 
FISCAL YEAR 1992.—Sections 101 and 102(c) of Public Law 102-25 
(105 Stat. 78) are each amended by striking out "fiscal year 1991" 
each place it appears and inserting in lieu thereof "fiscal years 1991 
and 1992". 
(b) LIMITATION ON APPLICABILITY OF NOTICE-AND-WAIT REQUIRE-
MENT.—The provisions of section 105 of Public Law 102-25 (105 Stat. 
79) shall apply only to appropriations provided in Public Law 102-28 
(105 Stat. 161). 
(c) INCREASED LIMITATION ON AUTHORITY FOR TRANSFER OF FISCAL 
YEAR 1992 AUTHORIZATIONS.—The amount of the transfer authority 
provided in section 1001 is increased by the amount of the transfers 
of funds made to fiscal year 1992 appropriations accounts pursuant 
to sections 101 and 102(c) of Public Law 102-25, as amended by 
subsection (a). 
(d) TECHNICAL AMENDMENTS.— 
(1) CORRECTION OF REFERENCE.—Sections 102 and 203(b) of 
Public Law 102-25 (105 Stat. 75) are amended by striking out 
"Persian Gulf Conflict Working Capital Account" each place 
such term appears and inserting in lieu thereof "Persian Gulf 
Regional Defense Fund". 
(2) CONFORMING AMENDMENT.—Sections 101(b)(2), 102(d), and 
105a)X4) of Public Law 102-25 (105 Stat. 75) are amended by 
striking out "working capital account" each place such term 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1507 
appears and inserting in lieu thereof "Persian Gulf Regional 
Defense Fund". 
SEC. 
1202. AUTHORIZATION OF APPROPRIATIONS FOR OPERATION 
DESERT STORM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to the Department of Defense for fiscal year 1992 from 
current and future balances in the Defense Cooperation Account the 
sum of $3,811,096,000 as follows: 
(1) PROCUREMENT.—For procurement: 
(A) ARMY.—For the Army: 
(i) For aircraft, $200,600,000. 
(ii) For missiles, $221,800,000. 
(iii) For weapons and tracked combat vehicles, 
$63,300,000. 
(iv) For other procurement, $80,500,000. 
(B) NAVY.—For the Navy: 
(i) For aircraft, $458,000,000. 
(ii) For weapons, $8,100,000. 
• 
(iii) For other procurement, $112,700,000. 
(C) MARINE CORPS.—For the Marine Corps, $4,300,000. 
(D) AIR FORCE.—For the Air Force: 
(i) For aircraft, $387,700,000. 
(ii) For other procurement, $560,000,000. 
(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—For re-
search, development, test, and evaluation: 
(A) ARMY.—For the Army, $47,800,000. 
(B) NAVY.—For the Navy, $6,100,000. 
(C) AIR FORCE.—For the Air Force, $26,500,000. 
(D) 
DEFENSE AGENCIES.—For the 
Defense 
Agencies, 
$28,100,000. 
(3) OPERATION AND MAINTENANCE.—For operation and mainte-
nance as follows: 
(A) ARMY.—For the Army, $227,300,000. 
(B) 
DEFENSE AGENCIES.—For the 
Defense 
Agencies, 
$50,000,000. 
(C) ARMY RESERVE.—For the Army Reserve, $23,200,000. 
(D) NAVAL RESERVE.—For the Naval Reserve, $28,300,000. 
(E) ARMY NATIONAL GUARD.—For the Army National 
Guard, $41,900,000. 
(F) AIR NATIONAL GUARD.—For the Air National Guard, 
$55,000,000. 
(4) WORKING CAPITAL FUNDS.—For providing capital for such 
funds as follows: 
(A) ARMY STOCK FUND.—For the Army Stock Fund, 
$410,000,000. 
(B) NAVY STOCK FUND.—For the Navy Stock Fund, 
$450,000,000. 
(C) AIR FORCE STOCK FUND.—For the Air Force Stock 
Fund, $280,000,000. 
(5) MILITARY PERSONNEL, ARMY NATIONAL GUARD.—For mili-
tary personnel. Army National Guard, $40,196,000. 
(b) AVAILABILITY BY TRANSFER.—To the extent provided in appro-
priations Acts, amounts appropriated pursuant to subsection (a) 
shall be available only in accordance with that subsection for— 
105 STAT. 1508 
PUBLIC LAW 102-190—DEC. 5, 1991 
10 u s e 101 note. 
(1) transfer by the Secretary of Defense to fiscal year 1992 
appropriations accounts of the Department of Defense for 
incremental costs associated with Operation Desert Storm; and 
(2) replenishment of the Persian Gulf Regional Defense Fund 
by transfer from the Defense Cooperation Account. 
(c) RELATIONSHIP TO OTHER AUTHORIZATIONS.—The authorizations 
of appropriations in this section are in addition to the amounts 
otherwise authorized to be appropriated by any other provision of 
this Act or by any other Act enacted before the date of the enact-
ment of this Act. 
(d) MONTHLY REPORTS ON TRANSFERS.—Not later than seven days 
after the end of each month in fiscal year 1992, the Secretary of 
Defense shall submit to the congressional defense committees and 
the Comptroller General of the United States a detailed report on 
the cumulative total amount of the transfers made under the 
authority of this title through the end of that month. 
SEC. 1203. DEFINITIONS. 
(a) INCLUSION OF OPERATION PROVIDE COMFORT.—Section 3(1) of 
Public Law 102-25 (105 Stat. 77) is amended by striking out "Oper-
ation Desert Shield and Operation Desert Storm" and inserting in 
lieu thereof "Operation Desert Shield, Operation Desert Storm, and 
Operation Provide Comfort". 
(b) INCREMENTAL COSTS ASSOCIATED WITH OPERATION DESERT 
STORM.—In this title, the term "incremental costs associated with 
Operation Desert Storm" has the meaning given such term in 
section 3(2) of Public Law 102-25 (105 Stat. 77). 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 1992. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the 
Authorization Act for Fiscal Year 1992". 
'Military Construction 
TITLE XXI—ARMY 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2105(a)(1), 
the Secretary of the Army may acquire real property and carry out 
military construction projects in the amounts shown for the follow-
ing installations and locations inside the United States: 
ALABAMA 
Anniston Army Depot, $105,800,000. 
Fort Rucker, $17,700,000. 
Redstone Arsenal, $74,700,000. 
ALASKA 
Fort Greely, $7,600,000. 
Fort Richardson, $7,000,000. 
Fort Wainwright, $7,950,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1509 
ARIZONA 
Fort Huachuca, $18,000,000. 
CAUFORNIA 
Fort Hunter Liggett, $4,700,000. 
Fort Irwin, $10,320,000. 
Sierra Army Depot, $1,950,000. 
COLORADO 
Fort Carson, $10,500,000. 
Pueblo Army Depot, $6,300,000. 
GEORGIA 
Fort Benning, $2,150,000. 
Fort Gordon, $1,200,000. 
Fort Stewart, $950,000. 
HAWAII 
Fort Shatter, $5,650,000. 
Schofield Barracks, $3,650,000. 
KANSAS 
Fort Riley, $2,600,000. 
KENTUCKY 
Fort Campbell, $17,050,000. 
Fort Knox, $23,450,000. 
LOUISIANA 
Fort Polk, $22,730,000. 
MARYLAND 
Aberdeen Proving Ground, $11,150,000. 
Fort Ritchie, $3,900,000. 
MASSACHUSETTS 
Natick Research Center, $4,250,000. 
MISSOURI 
Fort Leonard Wood, $12,200,000. 
NEW HAMPSHIRE 
Cold Regions Laboratory, $3,700,000. 
NEW JERSEY 
Fort Dix, $20,000,000. 
, „,, 
105 STAT. 1510 
PUBLIC LAW 102-190—DEC 5, 1991 
NEW MEXICO 
White Sands Missile Range, $14,209,000. 
NEW YORK 
Seneca Army Depot, $1,150,000. 
United States Military Academy, West Point, $15,800,000. 
Fort Drum, $6,200,000. 
NORTH CAROUNA 
Fort Bragg, $13,400,000. 
OKLAHOMA 
Fort Sill, $3,350,000. 
OREGON 
Umatilla Army Depot, $11,100,000. 
PENNSYLVANIA 
Letterkenny Army Depot, $3,150,000. 
Tobyhanna Army Depot, $10,100,000. 
TEXAS 
Fort Bliss, $22,200,000. 
Corpus Christi Army Depot, $3,400,000. 
Fort Hood, $46,700,000. 
Fort Sam Houston, $4,350,000. 
Red River Army Depot, $2,020,000. 
UTAH 
Dugway Proving Ground, $4,000,000. 
Tooele Army Depot, $14,700,000. 
VIRGINIA 
Fort A.P. Hill, $6,100,000. 
Fort Belvoir, $19,950,000. 
Fort Eustis, $8,500,000. 
Fort Lee, $18,000,000. 
Fort Myer, $5,550,000. 
Fort Pickett, $2,800,000. 
Fort Story, $900,000. 
Vint Hill Farms Station, $3,550,000. 
WASHINGTON 
Fort Lewis, $49,000,000. 
WISCONSIN 
Fort McCoy, $18,500,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1511 
CONUS CLASSIFIED 
Classified Location, $3,000,000. 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2105(a)(2), 
the Secretary of the Army may acquire real property and carry out 
military construction projects in the amount shown for the following 
location outside the United States: 
KWAJALEIN ATOLX, 
Kwajalein, $77,400,000. 
SEC. 2102. FAMILY HOUSING. 
(a) 
CONSTRUCTION AND ACQUISITION.—Using amounts 
appro-
priated pursuant to the authorization of appropriations in section 
2105(a)(6)(A), the Secretary of the Army may construct or acquire 
military family housing units (including land) in the number of 
units shown, and in the amount shown, for the following installa-
tions: 
(1) Fort Hunter Liggett, California, one hundred fifty-four 
units, $22,000,000. 
(2) Fort Irwin, California, one hundred seventy-two units, 
$18,000,000. 
(3) Fort Carson, Colorado, one unit, $150,000. 
(4) Camp Merrill, Georgia, forty units, $4,550,000. 
(5) Fort Stewart, Georgia, one unit, $190,000. 
(6) Hawaii, Oahu Various, three hundred sixty units, 
$41,500,000. 
(7) Fort Leonard Wood, Missouri, two units, $360,000. 
(8) Fort Lee, Virginia, one unit, $270,000. 
(b) PLANNING AND DESIGN.—Using amounts appropriated pursu-
ant to the authorization of appropriations in section 2105(a)(6)(A), 
the Secretary of the Army may carry out architectural and 
engineering services and construction design activities with respect 
to the construction or improvement of military family housing units 
in an amount not to exceed $5,220,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropria-
tions in section 2105(a)(6)(A), the Secretary of the Army may im-
prove existing military family housing in an amount not to exceed 
$74,980,000. 
SEC. 2104. DEFENSE ACCESS ROADS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2105(a)(5), the Secretary of the Army may 
make advances to the Secretary of Transportation for the construc-
tion of defense roads under section 210 of title 23, United States 
Code, at Fort Eustis, Virginia, in the total amount of $2,800,000. 
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1991, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Army in the total amount of 
$2,576,674,000, as follows: 
105 STAT. 1512 
PUBLIC LAW 102-190—DEC. 5, 1991 
(1) For military construction projects inside the United States 
authorized by section 2101(a), $718,829,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $77,400,000. 
(3) For unspecified minor construction projects authorized 
under section 2805 of title 10, United States Code, $11,000,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$118,400,000, of which $25,000,000 shall be for Host Nation 
Support construction projects. 
(5) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $2,800,000. 
(6) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $167,220,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $1,397,025,000, of which not more than $360,783,000 
may be obligated or expended for the leasing of military 
family housing worldwide. 
(7) For the homeowners assistance program, as authorized by 
section 2832 of title 10, United States Code, $84,000,000, 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 authorized to be 
appropriated under paragraphs (1) and (2) of subsection (a). 
SEC. 2106. AUTHORIZED LONG-TERM FACILITIES CONTRACTS. 
Subject to section 2809 of title 10, United States Code, the Sec-
retary of the Army may enter into long-term contracts for construc-
tion, management, and operation of facilities for the purpose shown, 
and in the estimated capital investment cost shown, for the follow-
ing installations: 
(1) Redstone Arsenal, Alabama, child development center, 
$1,900,000. 
(2) 
Redstone 
Arsenal, 
Alabama, 
transient 
quarters, 
$6,000,000. 
(3) Fort Irwin, California, consolidated maintenance and 
supply complex, $30,000,000. 
(4) Fort McPherson, Georgia, child development center, 
$2,300,000. 
(5) Price 
Support 
Center, 
Illinois, transient 
quarters, 
$6,000,000. 
(6) Detroit Arsenal, Detroit, Michigan, child development 
center, $1,100,000. 
(7) Fort 
Belvoir, 
Virginia, 
child 
development 
center, 
$6,500,000. 
SEC. 2107. AUTHORIZED 
MILITARY 
HOUSING 
RENTAL 
GUARANTEE 
PROJECTS. 
Subject to section 2836 of title 10, United States Code (as added by 
section 2809 of this Act), the Secretary of the Army may enter into 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1513 
rental guarantee agreements for military housing for the number of 
units shown at the following installations and locations: 
(1) Oahu, Hawaii, five hundred units. 
(2) Fort Belvoir, Virginia, three hundred units. 
SEC. 2108. AUTHORIZATION OF FAMILY HOUSING PROJECT FOR WHICH 
FUNDS HAVE BEEN APPROPRIATED. 
Section 2102(a) of the Military Construction Authorization Act for 
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1760) is 
amended by striking out "Kansas, Fort Riley, two hundred and four 
units, $12,500,000." and inserting in lieu thereof "Kansas, Fort 
Riley, two hundred fifty units, $16,500,000.". 
SEC. 2109. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
PROJECTS. 
(a) FISCAL YEAR 1991 PROJECT.—(1) Section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B of 
Public Law 101-510; 104 Stat. 1758) is amended by striking out the 
following: 
"INDIANA 
"Fort Benjamin Harrison, $5,600,000.". 
(2) Section 2104(a) of such Act (104 Stat. 1761) is amended— 
(A) by striking out "$2,285,237,000" and inserting in lieu 
thereof "$2,282,937,000"; and 
(B) in paragraph (1), by striking out "$582,207,000" and insert-
ing in lieu thereof "$579,907,000". 
(b) FISCAL YEAR 1990 PROJECTS.—(1) Section 2101(a) of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991 
(division B of Public Law 101-189; 103 Stat. 1614) is amended under 
the heading "CALIFORNIA" by striking out the following: 
"Fort Ord, $2,450,000. 
"Sacramento Army Depot, $3,900,000.". 
(2) Section 2104(a) of such Act (103 Stat. 1618) is amended— 
(A) by striking out "$2,239,165,000" and inserting in lieu 
thereof "$2,232,815,000"; and 
(B) in paragraph (1), by striking out "$554,445,000" and insert-
ing in lieu thereof "$548,095,000 . 
SEC. 2110. ELEMENTARY SCHOOL FOR DEPENDENTS OF DEPARTMENT OF 
DEFENSE PERSONNEL AT FORT WAINWRIGHT, ALASKA. 
(a) GRANT AUTHORITY.—The Secretary of the Army may make a 
direct grant to the Fairbanks North Star Borough School District, 
Fairbanks, Alaska, for support of the construction of a public ele-
mentary school facility sufficient to accommodate the dependents of 
members of the Armed Forces assigned to Fort Wainwright, Alaska, 
and dependents of Department of Defense employees employed at 
Fort Wainwright. 
(b) MAXIMUM AUTHORIZED GRANT.—The total amount made avail-
able by grant from the Secretary to the Fairbanks North Star 
Borough School District under subsection (a) may not exceed 
$11,600,000. 
(c) SOURCE OF FUNDS.—(1) To the extent provided in appropria-
tions Acts, funds authorized in title XXI of the Military Construc-
tion Authorization Act for Fiscal Year 1991 (division B of Public 
Law 101-510; 104 Stat. 1759) to be appropriated for construction of a 
105 STAT. 1514 
PUBLIC LAW 102-190—DEC. 5, 1991 
school at Fort Wainwright, Alaska, shall be available to carry out 
this section. 
(2) Section 2101(a) of such Act (104 Stat. 1759) (as amended by 
section 2109(a)) is further amended by striking out "Fort Wain-
wright, $13,900,000." under the heading "ALASKA" and inserting in 
lieu thereof "Fort Wainwright, $17,200,000."; 
(d) TERMS AND CONDITIONS.—The Secretary may require such 
terms and conditions in connection with the grant authorized by 
this section as the Secretary considers appropriate. 
TITLE XXII—NAVY 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using funds appropriated pursu-
ant to the authorization of appropriations in section 2205(a)(1), the 
Secretary of the Navy may acquire real property and carry out 
military construction projects in the amounts shown for each of the 
following installations and locations inside the United States: 
ALASKA 
Adak, Naval Security Group Activity, $12,700,000. 
Amchitka Island, Fleet Surveillance Support Command, 
$7,200,000. 
Anchorage, Naval Security Group Support Detachment, 
$2,600,000. 
Shemya, 
Naval 
Security 
Group 
Support 
Detachment, 
$3,140,000. 
CAUFORNIA 
Camp Pendleton, Amphibious Task Force, $17,750,000. 
Camp Pendleton, Marine Corps Air Station, $2,01(),000. 
Camp Pendleton, Marine Corps Base, $1,460,000. 
China Lake, Naval Weapons Center, $16,600,000. 
Concord, Naval Weapons Station, $1,250,000. 
Coronado, Naval Amphibious Base, $1,600,000. 
Fallbrook, Naval Weapons Station Annex, $9,700,000. 
Miramar, Naval Air Station, $3,250,000. 
Monterey, Naval Postgraduate School, $14,900,000. 
Port 
Hueneme, 
Naval 
Construction 
Battalion 
Center, 
$17,250,000. 
San Diego, Fleet Combat Training Center, Pacific, $640,000. 
San Diego, Naval Station, $3,110,000. 
San Diego, Naval Submarine Base, $14,130,000. 
San Diego, Naval Supply Center, $10,350,000. 
San Diego, Navy Public Works Center, $16,800,000. 
Seal Beach, Naval Weapons Station, $3,780,000. 
Twentynine Palms, Marine Corps Air-Ground Combat Center, 
$680,000. 
Vallejo, Mare Island Naval Shipyard, $12,570,000. 
CONNECTICUT 
New London, Naval Submarine Base, $5,680,000. 
New London, Submarine Support Facility, $5,800,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1515 
DISTRICT OF COLUMBIA 
District of Columbia, Commandant Naval District Washing-
ton, $5,750,000. 
FLORIDA 
Jacksonville, Naval Aviation Depot, $3,300,000. 
Mayport, Naval Station, $3,140,000. 
Orlando, Naval Training Center, $21,430,000. 
Panama City, Naval Coastal Systems Center, $11,150,000. 
Pensacola, Naval Air Station, $4,000,000. 
Pensacola, Naval Supply Center, $5,700,000. 
GEORGIA 
Kings Bay, Naval Submarine Base, $9,780,000. 
Mcintosh County, $2,881,000. 
HAWAII 
Barbers Point, Naval Air Station, $3,300,000. 
Honolulu, Naval Communication Area Master Station, East-
em Pacific, $1,500,000. 
Lualualei, Naval Magazine, $8,700,000. 
Pearl Harbor, Naval Inactive Ship Maintenance Facility, 
$3,200,000. 
Pearl Harbor, Naval Shipyard, $800,000. 
Pearl Harbor, Naval Submarine Base, $62,000,000. 
Pearl Harbor, Navy Public Works Center, $13,440,000. 
ILLINOIS 
Great Lakes, Naval Training Center, $7,000,000. 
INDIANA 
Crane, Naval Weapons Support Center, $19,450,000. 
MARYLAND 
Annapolis, Naval Radio Transmitting Facility, $5,220,000. 
Bethesda, National Naval Medical Center, $4,470,000. 
Indian Head, Naval Ordnance Station, $6,600,000. 
Patuxent River, Naval Air Test Center, $5,800,000. 
St. Inigoes, Naval Electronic Systems Engineering Activity, 
$8,450,000. 
MISSISSIPPI 
Gulfport, Naval Construction Battalion Center, $7,000,000. 
Meridian, Naval Air Station, $1,618,000. 
NEVADA 
Fallon, Naval Air Station, $8,200,000. 
NEW JERSEY 
Earle, Naval Weapons Station, $4,900,000. 
105 STAT. 1516 
PUBLIC LAW 102-190—DEC. 5, 1991 
NORTH CAROUNA 
Camp Lejeune, Marine Corps Base, $2,500,000. 
Cherry Point, Marine Corps Air Station, $18,450,000. 
Cherry Point, Naval Aviation Depot, $7,700,000. 
New River, Marine Corps Air Station, $7,100,000. 
OKLAHOMA 
Tinker Air Force Base, Naval Air Detachment, $4,700,000. 
PENNSYLVANIA 
Philadelphia, Naval Inactive Ship Maintenance Activity, 
$4,000,000. 
RHODE ISLAND 
Newport, Naval Education and Training Center, $3,210,000. 
SOUTH CAROLINA 
Beaufort, Marine Corps Air Station, $2,250,000. 
Charleston, Fleet and Mine Warfare Training Center, 
$14,620,000. 
Charleston, Naval Weapons Station, $3,250,000. 
Parris Island, Marine Corps Recruit Depot, $5,100,000. 
TEXAS 
Kingsville, Naval Air Station, $1,500,000. 
VIRGINIA 
Chesapeake, Naval Security Group Activity, Northwest, 
$13,800,000. 
Dahlgren, Naval Surface Warfare Center, $18,280,000. 
Little Creek, Naval Amphibious Base, $12,730,000. 
Norfolk, Naval Air Station, $9,370,000. 
Norfolk, Naval Communication Area Master Station, Atlan-
tic, $6,550,000. 
Norfolk, Naval Station, $340,000. 
Norfolk, Naval Supply Center, $1,250,000. 
Norfolk, Navy Public Works Center, $7,300,000. 
Norfolk, Oceanographic System Atlantic, $3,250,000. 
Oceana, Naval Air Station, $7,270,000. 
Portsmouth, Naval Hospital, $6,600,000. 
Portsmouth, 
Shore 
Intermediate 
Maintenance 
Activity, 
$14,000,000. 
Yorktown, Naval Weapons Station, $4,650,000. 
WASHINGTON 
Bangor, Commander, Submarine Group 9, $2,050,000. 
Bangor, Trident Refit Facility, $2,170,000. 
Bremerton, Puget Sound Naval Shipyard, $39,700,000. 
Bremerton, Puget Sound Naval Supply Center, $12,550,000. 
Everett, Naval Station, $21,790,000. 
Whidbey Island, Naval Air Station, $6,800,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1517 
WEST VIRGINIA 
Green Bank Naval Observatory, $5,400,000. 
VARIOUS LOCATIONS 
Land Acquisition, $45,900,000. 
OJ) OUTSIDE THE UNITED STATES.—Using funds appropriated pursu-
ant to the authorization of appropriations in section 2205(a)(2), the 
Secretary of the Navy may acquire real property and carry out 
military construction projects in the amounts shown for each of the 
following installations and locations outside the United States: 
BAHRAIN ISLAND 
Bahrain Island, Administration Support Unit, $1,300,000. 
GUAM 
Naval Communication Area Master Station, Western Pacific, 
$2,000,000. 
Navy Public Works Center, $670,000. 
ICELAND 
Keflavik, Naval Air Station, $9,300,000. 
Keflavik, Naval Communication Station, $10,600,000. 
ITALY 
Naples, Naval Support Activity, $6,500,000. 
Sicily, Naval Communication Station, $2,750,000. 
Sigonella, Naval Air Station, $12,150,000. 
PUERTO RICO 
Roosevelt Roads, Naval Station, $10,510,000. 
SCOTLAND 
Edzell, Naval Security Group Activity, $1,400,000. 
VARIOUS LOCATIONS 
Host Nation Infrastructure Support, $2,000,000. 
Satellite Terminals, $10,570,000. 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts 
appro-
priated pursuant to the authorization of appropriations in section 
2205(aX7XA), the Secretary of the Navy may construct or acquire 
military family housing units (including land) and perform other 
military family housing functions for the purpose shown, and in the 
amount shown, at the following installations: 
(1) Camp Pendleton, Marine Corps Base, California, one hun-
dred fifty units, $16,172,000. 
(2) Lemoore, Naval Air Station, California, community center, 
$1,070,000. 
(3) Point Mugu, Pacific Missile Test Center, California, one 
hundred units, $11,160,000. 
105 STAT. 1518 
PUBLIC LAW 102-190—DEC. 5, 1991 
(4) San Diego, Navy Public Works Center, California, two 
hundred sixty units, $29,800,000. 
(5) Washington Naval District, District of Columbia, demoli-
tion, $9,910,000. 
(6) Mayport, Naval Station, Florida, community center, 
$710,000. 
(7) Glenview Naval Air Station, Illinois, two hundred units, 
$16,000,000. 
(8) Lakehurst, Naval Air Engineering Center, New Jersey, 
housing office, $340,000. 
(9) Dahlgren, Naval Surface Weapons Center, Virginia, one 
hundred fifty units, $13,240,000. 
(10) Guantanamo Bay, Naval Station, Cuba, two hundred 
seventy-eight units, $38,400,000. 
(b) PLANNING AND DESIGN.—Using amounts appropriated pursu-
ant to the authorization of appropriations in section 2205(a)(7)(A), 
the Secretary of the Navy may carry out architectural and engineer-
ing services and construction design activities with respect to the 
construction or improvement of military family housing units in an 
amount not to exceed $6,200,000. 
(c) REPROGRAMMING.—The Secretary of the Navy may construct 
148 military family housing units in the amount of $17,128,000 at 
the Public Works Center, San Diego, California. Funds appropriated 
for the Department of the Navy for fiscal years 1989 and 1991 for 
military family housing projects at Naval Base Long Beach, Califor-
nia, that remain available for obligation on the date of the enact-
ment of this Act are hereby authorized to be available, to the extent 
provided in advance in appropriations Acts, to carry out this subsec-
tion. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropria-
tions in section 2205(a)(7)(A), the Secretary of the Navy may improve 
existing military family housing units in an amount not to exceed 
$55,438,000. 
SEC. 2204. DEFENSE ACCESS ROADS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2205(a)(6), the Secretary of the Navy may 
make advances to the Secretary of Transportation for the construc-
tion of defense roads under section 210 of title 23, United States 
Code, at various locations and in the amount of $1,000,000. 
SEC. 2205. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1991, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Navy in the total amount of 
$1,832,149,000, as follows: 
(1) For military construction projects inside the United States 
authorized by section 2201(a), $739,859,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $69,750,000. 
(3) For military construction projects, Earle, Naval Weapons 
Station, New Jersey, authorized by section 2201(a) of the Mili-
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1519 
tary Construction Authorization Act for Fiscal Year 1991 (divi-
sion B of Public Law 101-510; 104 Stat. 1765), $11,400,000. 
(4) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $12,400,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$88,600,000. 
(6) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $1,000,000. 
(7) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $198,440,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $710,700,000, of which not more than $72,900,000 
may be obligated or expended for the 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 2201 of 
this division may not exceed the total amount authorized to be 
appropriated under paragraphs (1) and (2) of subsection (a). 
SEC. 2206. AUTHORIZED LONG-TERM FACILITIES CONTRACTS. 
Subject to section 2809 of title 10, United States Code, the Sec-
retary of the Navy may enter into long-term contracts for construc-
tion, management, and operation of facilities for the purpose shown, 
and in the estimated capital investment cost shown, for the follow-
ing installations: 
(1) Marine Corps Air Station, El Toro, California, bachelor 
officers quarters, $8,300,000. 
(2) Naval Research Laboratory, Washington, District of 
Columbia, child development center, $1,400,000. 
(3) Naval Air Station, Jacksonville, Florida, child develop-
ment center, $1,000,000. 
(4) Naval Air Station, Pensacola, Florida, child development 
center, $1,100,000. 
(5) Naval Avionics Center, Indianapolis, Indiana, child devel-
opment center, $2,000,000. 
(6) Naval Undersea Warfare Engineering Station, Keyport, 
Washington, child development center, $1,300,000. 
SEC. 2207. AUTHORIZED FAMILY HOUSING LEASE PROJECTS. 
Subject to section 2835 of title 10, United States Code (as added by 
section 2806 of this Act), the Secretary of the Navy may enter into 
contracts for the lease of family housing units in the number of 
units shown, and at the net present values shown, for the following 
installations and locations: 
(1) Bangor, Washington, three hundred units, $21,250,000. 
(2) Kings Bay, Georgia, four hundred units, $28,070,000. 
(3) Naval Air Station, Whidbey Island, Washington, three 
hundred units, $21,110,000, a project previously approved by the 
Navy. 
(4) Dahlgren, Naval Surface Warfare Center, Dahlgren, Vir-
ginia, one hundred fifty units, $11,000,000. 
105 STAT. 1520 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 2208. AUTHORIZED 
MILITARY 
HOUSING 
RENTAL 
GUARANTEE 
PROJECTS. 
Subject to section 2836 of title 10, United States Code (as added by 
section 2809 of this Act), the Secretary of the Navy may enter into 
rental guarantee agreements for military housing in the number of 
units shown at the following installations and locations: 
(1) Oahu, Hawaii, three hundred sixty-eight units. 
(2) Great Lakes Naval Training Center, Illinois, one hundred 
fifty units. 
(3) Cheltenham, Maryland, two hundred eighty-four units. 
SEC. 2209. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
PROJECTS. 
(a) FISCAL YEAR 1991 PROJECTS.—(1) Section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B of 
Public Law 101-510; 104 Stat. 1763) is amended— 
(A) under the heading "CALIFORNIA" by striking out "Long 
Beach, Naval Station, $3,520,000."; 
(B) under the heading "NEW JERSEY" by striking out **Earle, 
Naval Weapons Station, $85,400,000." and inserting in lieu 
thereof "Earle, Naval Weapons Station, $31,500,000."; 
(C) by striking out the following: 
"PENNSYLVANIA 
"Warminster, Naval Air Development Center, $10,770,000."; 
and 
(D) under the heading 
"WASHINGTON" by striking out 
"Silverdale, Strategic Weapons Facility Pacific, $56,480,000." 
and inserting in lieu thereof "Silverdale, Strategic Weapons 
Facility Pacific, $11,060,000.". 
(2) Section 2205(a) of such Act (104 Stat. 1767) is amended— 
(A) by striking out "$2,014,223,000" and inserting in lieu 
thereof "$1,954,513,000"; and 
(B) in paragraph (1), by striking out "$959,802,000" and insert-
ing in lieu thereof "$900,092,000". 
(b) FISCAL YEAR 1990 PROJECTS.—(1) Subsection (a) of section 2201 
of the Military Construction Authorization Act for Fiscal Years 1990 
and 1991 (division B of Public Law 101-189; 103 Stat. 1621) is 
amended— 
(A) under the heading "CALIFORNIA"— 
(i) by striking out "Moffett Field Naval Air Station, 
$1,000,000."; and 
(ii) by striking out "Tustin, Marine Corps Air Station, 
$2,990,000." and inserting in lieu thereof "Tustin, Marine 
Corps Air Station, $640,000."; 
(B) under the heading "CONNECTICUT" by striking out "New 
London, Naval Underwater Systems Center, $12,600,000."; and 
(C) under the heading 
"PENNSYLVANIA" by striking out 
"Philadelphia, Naval Shipyard, $10,000,000." and inserting in 
lieu thereof "Philadelphia, Naval Shipyard, $3,000,000.". 
(2) Subsection (b) of such section (103 Stat. 1625) is amended by 
striking out the following: 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1521 
"AUSTRALIA 
"Exmouth, Harold E. Holt Naval Communications Station, 
$610,000.". 
(3) Section 2204(a) of such Act (103 Stat. 1627) is amended— 
(A) by striking out "$1,962,935,000" and inserting in lieu 
thereof "$1,939,375,000"; 
(B) in paragraph (1), by striking out "$915,511,000" and insert-
ing in lieu thereof "$892,561,000"; and 
(C) in paragraph (2), by striking out "$90,930,000" and insert-
ing in lieu thereof "$90,320,000". 
SEC. 2210. SPECIFICATION OF THE MILITARY CONSTRUCTION PROJECT 
PREVIOUSLY AUTHORIZED FOR THE MARINE CORPS SUP-
PORT ACTIVITY, KANSAS CITY, MISSOURI. 
The authority provided in section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Years 1990 and 1991 (division B of 
Public Law 101-189; 103 Stat. 1621) for a military construction 
project for the Marine Corps Support Activity, Kansas City, Mis-
souri, shall apply only to a military construction project for a 
Marine Corps Reserve Center to house the Marine Corps Reserve 
Support Center. 
TITLE XXIII~AIR FORCE 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2305(a)(1), 
the Secretary of the Air Force may acquire real property and may 
carry out military construction projects in the amount shown for the 
following installations and locations inside the United States: 
ALABAMA 
Gunter Air Force Base, $9,200,000. 
-/ 
; 
ALASKA 
Eielson Air Force Base, $30,900,000. 
Elmendorf Air Force Base, $1,400,000. 
Shemya Air Force Base, $38,400,000. 
ARIZONA 
Davis-Monthan Air Force Base, $4,100,000. 
Luke Air Force Base, $8,800,000. 
CALIFORNIA 
Beale Air Force Base, $2,250,000. 
Edwards Air Force Base, $14,300,000. 
March Air Force Base, $7,910,000. 
Sierra Army Depot, $2,700,000. 
Travis Air Force Base, $26,130,000. 
Vandenberg Air Force Base, $20,000,000. 
105 STAT. 1522 
PUBLIC LAW 102-190—DEC. 5, 1991 
COLORADO 
Buckley Air National Guard Base, $42,050,000. 
Cheyenne Mountain Air Force Base, $610,000. 
Falcon Air Force Station, $1,400,000. 
Peterson Air Force Base, $26,300,000. 
United States Air Force Academy, $21,000,000. 
DELAWARE 
Dover Air Force Base, $12,750,000. 
i 
FLORIDA 
Cape Canaveral Air Force Station, $24,000,000. 
Eglin Air Force Base, $2,830,000. 
Homestead Air Force Base, $4,900,000. 
Tyndall Air Force Base, $850,000. 
GEORGIA 
Robins Air Force Base, $30,450,000. 
HAWAII 
Camp H. M. Smith, $2,600,000. 
Hickam Air Force Base, $7,100,000. 
ILLINOIS 
Scott Air Force Base, $13,290,000. 
KANSAS 
McConnell Air Force Base, $7,650,000. 
LOUISIANA 
Barksdale Air Force Base, $11,200,000. 
MARYLAND 
Andrews Air Force Base, $8,100,000. 
MASSACHUSETTS 
Hanscom Air Force Base, $11,200,000. 
MICHIGAN 
K.I. Sawyer Air Force Base, $1,700,000. 
MISSISSIPPI 
Columbus Air Force Base, $600,000. 
Keesler Air Force Base, $3,400,000. 
MISSOURI 
Whiteman Air Force Base, $24,450,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1523 
MONTANA 
Conrad Strategic Training Range Site, $700,000. 
Havre Strategic Training Range Site, $700,000. 
NEBRASKA 
Offutt Air Force Base, $13,850,000. 
NEVADA 
Nellis Air Force Base, $8,400,000. 
NEW HAMPSHIRE 
New Boston Satellite Tracking Station, $4,210,000. 
NEW JERSEY 
McGuire Air Force Base, $31,500,000. 
NEW MEXICO 
Cannon Air Force Base, $1,300,000. 
HoUoman Air Force Base, $33,600,000. 
Kirtland Air Force Base, $5,600,000. 
NEW YORK 
Griffiss Air Force Base, $2,700,000. 
Plattsburgh Air Force Base, $9,040,000. 
NORTH CAROUNA 
Pope Air Force Base, $8,200,000. 
Seymour Johnson Air Force Base, $11,200,000. 
NORTH DAKOTA 
Dickinson Strategic Training Range Site, $640,000. 
Grand Forks Air Force Base, $4,400,000. 
Minot Air Force Base, $3,950,000. 
OHIO 
Wright-Patterson Air Force Base, $39,300,000. 
OKLAHOMA 
Altus Air Force Base, $61,340,000. 
Tinker Air Force Base, $3,700,000. 
Vance Air Force Base, $4,750,000. 
SOUTH CAROIJNA 
Charleston Air Force Base, $21,850,000. 
SOUTH DAKOTA 
Belle Fourche Strategic Training Range Site, $640,000. 
Ellsworth Air Force Base, $2,710,000. 
105 STAT. 1524 
PUBLIC LAW 102-190—DEC. 5, 1991 
TENNESSEE 
Arnold Engineering Development Center, $2,400,000. 
TEXAS 
Dyess Air Force Base, $620,000. 
Kelly Air Force Base, $13,900,000. 
Lackland Air Force Base, $5,700,000. 
Lackland Air Force Base Training Annex, $1,170,000. 
Laughlin Air Force Base, $4,250,000. 
Randolph Air Force Base, $410,000. 
Reese Air Force Base, $2,000,000. 
Sheppard Air Force Base, $16,670,000. 
UTAH 
Hill Air Force Base, $9,200,000. 
VIRGINIA 
Langley Air Force Base, $5,800,000. 
WASHINGTON 
Fairchild Air Force Base, $7,050,000. 
WYOMING 
F.E. Warren Air Force Base, $5,300,000. 
Powell Strategic Training Range Site, $700,000. 
VARIOUS LOCATIONS 
Various Locations, $5,000,000. 
0?) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2305(aX2), 
the Secretary of the Air Force may acquire real property and carry 
out military construction projects in the amounts shown for each of 
the following installations and locations outside the United States: 
ASCENSION 
Ascension Island Auxiliary Airfield, $11,000,000. 
GREENLAND 
Thule Air Base, $12,700,000. 
GUAM 
Andersen Air Force Base, $2,600,000. 
PORTUGAL 
L^es Field, $5,000,000. 
UNITED KINGDOM 
RAF Lakenheath, $3,600,000. 
RAF Molesworth, $15,600,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1525 
VARIOUS LOCATIONS 
Classified Location, $3,500,000. 
Classified Location, $5,500,000. 
SEC. 2302. FAMILY HOUSING. 
(a) 
CONSTRUCTION AND ACQUISITION.—Using amounts 
appro-
priated pursuant to the authorization of appropriations in section 
2305(aX8XA), the Secretary of the Air Force may construct or ac-
quire military family housing units (including land) and perform 
other military family housing functions for the purpose shown, and 
in the amount shown, at the following installations: 
(1) Eklwards Air Force Base, California, housing office, 
$453,000. 
(2) Tjmdall Air Force Base, Florida, housing maintenance 
facility, $410,000. 
(3) Scott Air Force Base, Illinois, housing office, $550,000. 
(4) Andrews Air Force Base, Maryland, housing office, 
$571,000. 
(5) Sejmiour Johnson Air Force Base, North Carolina, housing 
office, $365,000. 
(6) Tinker Air Force Base, Oklahoma, housing office, $370,000. 
(7) Hill Air Force Base, Utah, one hundred thirty units, 
$11,628,000. 
O
t
>
) PLANNING AND DESIGN.—Using amounts appropriated pursu-
ant to the authorization of appropriations in section 2305(a)(8)(A), 
the Secretary of the Air Force may carry out architectural and 
engineering services and construction design activities with respect 
to the construction or improvement of military family housing units 
in an amount not to exceed $6,000,000. 
SEC. 2303. IMPROVEMENT TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropria-
tions in section 2305(aX8XA), the Secretary of the Air Force may 
improve existing military family housing units in an amount not to 
exceed $141,236,000. 
SEC. 2304. DEFENSE ACCESS ROADS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2305(aX7), the Secretary of the Air Force 
may make advances to the Secretary of Transportation for the 
construction of defense roads under section 210 of title 23, United 
States Code, at Andrews Air Force Base, Maryland, and Whiteman 
Air Force Base, Missouri, in the total amount of $11,050,000. 
SEC. 2305. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1991, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Air Force in the total amount of 
$2,089,303,000, as follows: 
(1) For military construction projects inside the United States 
authorized by section 2301(a), $778,970,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $59,500,000. 
(3) For the construction of the Large Rocket Test Facility, 
Arnold Engineering Development Center, Tennessee, as au-
105 STAT. 1526 
PUBLIC LAW 102-190—DEC. 5, 1991 
thorized by section 2301(a) of the Military Construction 
Authorization Act, 1989 (division B of Public Law 100-456; 102 
Stat. 2101), $44,000,000. 
(4) For the construction of facilities for the 37th Tactical 
Fighter Wing at HoUoman Air Force Base, New Mexico, as 
authorized by section 2301(a) of the Military Construction 
Authorization Act for Fiscal Year 1991 (division B of Public Law 
101-510; 104 Stat. 1769), $39,000,000. 
(5) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $11,500,000. 
(6) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$74,300,000. 
(7) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $11,050,000. 
(8) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $161,583,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $909,400,000, of which not more than $140,900,000 
may be obligated or expended for leasing of military family 
housing units worldwide. 
(h) 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 Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
SEC. 2306. AUTHORIZED LONG-TERM FACILITIES CONTRACTS. 
Subject to section 2809 of title 10, United States Code, the Sec-
retary of the Air Force may enter into long-term contracts for 
construction, management, and operation of facilities for the pur-
pose shown, and in the estimated capital investment cost shown, for 
the following installations: 
(1) Eielson Air Force Base, Alaska, child development center, 
$3,600,000. 
(2) McGuire Air Force Base, New Jersey, child development 
center, $3,900,000. 
(3) Cannon Air Force Base, New Mexico, child development 
center, $1,200,000. 
(4) McChord Air Force Base, Washington, child development 
center, $4,700,000. 
SEC. 2307. AUTHORIZED FAMILY HOUSING LEASE PROJECTS. 
Subject to section 2835 of title 10, United States Code (as added by 
section 2806 of this Act), the Secretary of the Air Force may enter 
into contracts for the lease of family housing units in the number of 
units shown, and at the net present value shown, for the following 
installations: 
(1) March Air Force Base, California, five hundred eighty-two 
units, $55,360,000. 
(2) Cannon Air Force Base, New Mexico, three hundred fifty 
units, $24,400,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1527 
SEC. 2308. AUTHORIZED 
MILITARY 
HOUSING 
RENTAL 
GUARANTEE 
PROJECTS. 
Subject to section 2836 of title 10, United States Code (as added by 
section 2809 of this Act), the Secretary of the Air Force may enter 
into rental guarantee agreements for military housing in the 
number of units shown for the following installations: 
(1) Patrick Air Force Base, Florida, five hundred eighty-five 
units. 
(2) Offutt Air Force Base, Nebraska, four hundred units. 
SEC. 2309. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE BEEN 
APPROPRIATED. 
Section 2301 of the Military Construction Authorization Act for 
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1769) is 
amended— 
(1) in subsection (a), by striking out "Air Force Academy, 
$3,000,000." under the heading "COLORADO" and inserting in 
lieu thereof "Air Force Academy, $18,000,000."; and 
(2) in subsection (b), by adding at the end the following: 
"VARIOUS LOCATIONS 
"Classified location, $3,500,000.". 
SEC. 2310. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
PROJECTS. 
(a) FISCAL YEAR 1991 PROJECTS.—(1) Section 2301(a) of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B of 
Public Law 101-510; 104 Stat. 1769) (as amended by section 2309(a)) 
is further amended— 
(A) under the heading "ALASKA" by striking out "Various 
Locations, $11,000,000."; 
(B) by striking out the following: 
"ARIZONA 
"Williams Air Force Base, $3,650,000."; 
(C) under the heading "CALIFORNIA" by striking out "Castle 
Air Force Base, $8,200,000."; 
(D) under the heading "FLORIDA" by striking out "MacDill Air 
Force Base, $12,250,000." and inserting in lieu thereof "MacDill 
Air Force Base, $3,350,000."; 
(E) by striking out the following: 
"INDIANA 
"Grissom Air Force Base, $4,500,000."; 
(F) under 
the heading 
"MICHIGAN" by striking out 
"Wurtsmith Air Force Base, $960,000."; and 
(G) under the heading "TEXAS" by striking out "Carswell Air 
Force Base, $12,616,000.^'. 
(2) Section 2304(a) of such Act (104 Stat. 1773) is amended— 
(A) by striking out "$1,954,059,000" and inserting in lieu 
thereof "$1,922,733,000"; 
(B) in paragraph (1), by striking out "$777,081,000" and insert-
ing in lieu thereof "$742,255,000'^ and 
(C) in paragraph (2), by striking out "$34,200,000" and insert-
ing in lieu thereof "$37,700,000". 
105 STAT. 1528 
PUBLIC LAW 102-190—DEC. 5, 1991 
(b) FISCAL YEAR 1990 PROJECTS.—(1) Section 2301(a) of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991 
(division B of Public Law 101-189; 103 Stat. 1630) is amended— 
(A) under the heading "ARIZONA" by striking out "Williams 
Air Force Base, $1,850,000."; 
(B) by striking out the following: 
"ARKANSAS 
"Ira Eaker Air Force Base, $4,050,000."; 
(C) under the heading "COLORADO" by striking out "Lowry Air 
Force Base, $21,250,000." and inserting in lieu thereof "Lowry 
Air Force Base, $19,050,000."; 
(D) under the heading "FLORIDA" by striking out "MacDill Air 
Force Base, $4,490,000.'^; 
(E) under the heading "INDIANA" by striking out "Grissom Air 
Force Base, $6,800,000. and inserting in lieu thereof "Grissom 
Air Force Base, $4,650,000."; 
(F) under the heading "LOUISIANA" by striking out "England 
Air Force Base, $10,300,000." and inserting in lieu thereof 
"England Air Force Base, $300,000."; 
(G) by striking out the following: 
"MAINE 
"Loring Air Force Base, $8,500,000."; 
(H) under the heading "SOUTH CAROUNA" by striking out 
"Myrtle Beach Air Force Base, $2,350,000."; and 
(I) under the heading "TEXAS"— 
(i) by striking 
out "Bergstrom 
Air Force 
Base, 
$2,400,000."; and 
(ii) by striking out "Carswell Air Force Base, $650,000.". 
(2) Section 2304(a) of such Act (103 Stat. 1636) is amended— 
(A) by striking out "$2,192,638,000" and inserting in lieu 
thereof "$2,154,998,000"; and 
(B) in paragraph (1), by striking out "$945,836,000" and insert-
ing in lieu thereof "$907,196,000 . 
SEC. 2311. CHANGE 
IN 
LOCATION 
OF 
PREVIOUSLY 
AUTHORIZED 
PROJECT. 
Section 2301(b) of the Military Construction Authorization Act for 
Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 
Stat. 1634) is amended under the heading "OMAN"— 
(1) by striking out "Seeb, $2,200,000."; and 
(2) by striking out "Thumrait, $23,600,000." and inserting in 
lieu thereof "Thumrait, $25,800,000.". 
TITLE XXIV—DEFENSE AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2404(aXl) 
and, in the CEise of the projects described in paragraphs (2) and (3) of 
section 2404(c), other amounts appropriated pursuant to authoriza-
tions enacted after this Act for such projects, the Secretary of 
Defense may acquire real property and carry out military construe-
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1529 
tion projects in the amounts shown for each of the following installa-
tions and locations inside the United States: 
DEFENSE COMMUNICATIONS AGENCY 
Classified Location, $4,500,000. 
Reston, Virginia, $600,000. 
DEFENSE LOGISTICS AGENCY 
Tracy Defense Depot, California, $2,000,000. 
Jacksonville Defense Fuel Support Point, Florida, $2,200,000. 
Pensacola Defense Fuel Support Point, Florida, $16,000,000. 
Columbus 
Defense 
Construction 
Supply 
Center, 
Ohio, 
$89,000,000. 
Dayton Defense Electronics Supply Station, Ohio, $2,000,000. 
Craney Island Defense Fuel Support Point, Norfolk, Virginia, 
$19,800,000. 
Fort Belvoir, Virginia, $27,000,000. 
DEFENSE MAPPING AGENCY 
Hydrographic/Topographic Center, Brookmont, Maryland, 
$1,000,000. 
St. Louis Aerospace Center, Missouri, $1,000,000. 
DEFENSE MEDICAL FACIUTIES OFFICE 
Little Rock Air Force Base, Arkansas, $690,000. 
San Diego Naval Training Center, California, $17,500,000. 
Stockton 
Naval 
Communications 
Station, 
California, 
$22,000,000. 
Travis Air Force Base, California, $2,000,000. 
Fitzsimons Army Hospital, Colorado, $3,000,000. 
Homestead Air Force Base, Florida, $60,000,000. 
Tyndall Air Force Base, Florida, $800,000. 
Hickam Air Force Base, Hawaii, $13,800,000. 
Tripler Army Hospital, Hawaii, $3,500,000. 
Fallon Naval Air Station, Nevada, $6,000,000. 
Nellis Air Force Base, Nevada, $1,000,000. 
Camp Lejeune, North Carolina, $4,600,000. 
Cherry Point Marine Corps Air Station, North Carolina, 
$34,000,000. 
Fort Bragg, North Carolina, $5,000,000. 
Fort Sill, Oklahoma, $2,700,000. 
Tinker Air Force Base, Oklahoma, $4,100,000. 
Carlisle Barracks, Pennsylvania, $510,000. 
Newport Naval Education and Training Center, Rhode Island, 
$14,000,000. 
Dallas Naval Air Station, Texas, $3,500,000. 
Fort Lee, Virginia, $11,800,000. 
Langley Air Force Base, Virginia, $1,150,000. 
DEFENSE NUCLEAR AGENCY 
White Sands Missile Range, New Mexico, $20,000,000. 
Arnold 
Engineering 
Development 
Center, 
Tennessee, 
$7,000,000. 
105 STAT. 1530 
PUBLIC LAW 102-190—DEC. 5, 1991 
NATIONAL SECURITY AGENCY 
Camp Smith, Hickam Air Force Base, Hawaii, $488,000. 
Fort George C. Meade, Maryland, $5,722,000. 
OFFICE 
OF 
THE 
SECRETARY 
OF 
DEFENSE 
Defense Language Institute, Monterey, California, $6,000,000, 
Uniformed Services University of the Health Sciences, Be-
thesda, Maryland, $600,000. 
Classified Locations, $35,600,000. 
SECTION 6 SCHOOLS 
i 
Fort Stewart, Georgia, $6,951,000. 
Marine Corps Air Station, Beaufort, South Carolina, $989,000. 
SPECIAL OPERATIONS COMMAND 
Kodiak Coast Guard Support Center, Alaska, $2,050,000. 
Coronado Naval Amphibious Base, California, $2,100,000. 
Camp Pendleton, California, $4,900,000. 
Eglin Air Force Base, Auxiliary Field 3, Florida, $2,400,000. 
Eglin Air Force Base, Auxiliary Field 9, Florida, $17,550,000. 
Fort Benning, Georgia, $3,900,000. 
Fort Campbell, Kentucky, $5,800,000. 
Kirtland Air Force Base, New Mexico, $2,050,000. 
Fort Bragg, North Carolina, $6,000,000. 
Fort A.P. Hill, Virginia, $2,300,000. 
Oceana Naval Air Station, Virginia, $2,350,000. 
(h) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2404(aX2), 
the Secretary of Defense may acquire real property and carry out 
military construction projects in the amounts shown for each of the 
following installations and locations outside the United States: 
DEFENSE LOGISTICS AGENCY 
Diego Garcia Defense Fuel Support Point, $16,100,000. 
DEFENSE MEDICAL FACILITIES OFFICE 
Camp Essayons, Korea, $1,050,000. 
DEFENSE NUCLEAR AGENCY 
Johnston Island, $5,100,000. 
NATIONAL SECURITY AGENCY 
Classified Location, $4,490,000. 
OFFICE 
OF 
THE 
SECRETARY 
OF 
DEFENSE 
Classified Location, $2,100,000. 
(c) ON-SITE INSPECTION AGENCY.—Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2404(aX13), the Secretary of Defense may acquire or construct portal 
facilities at various locations in support of the On-Site Inspection 
Agency in an amount not to exceed $2,000,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1531 
(d) TRANSFER OF PROJECT AUTHORITY.—The authority to carry out 
construction and modernization activities in support of the supply 
distribution mission at the Red River Army Depot, Texas, is hereby 
transferred to the Secretary of Defense. The Secretary of Defense 
shall exercise such authority through the head of the Defense 
Logistics Agency. Amounts appropriated for the Red River Army 
Depot, Texas, pursuant to the authorization of appropriations in 
section 2104(a)(3) of the Military (Construction Authorization Act for 
Fiscal Years 1990 and 1991 (division B of Public Law 101-189; 103 
Stat. 1619) are hereby transferred to the Secretary of Defense to 
carry out such construction and modernization activities. 
SEC. 2402. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(12)(A), the Secretary of Defense 
may construct or acquire one family housing unit (including land) at 
a classified location in the total amount not to exceed $160,000. 
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(12XA), the Secretary of Defense may improve 
existing military family housing units in an amount not to exceed 
$40,000. 
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1991, 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 $1,680,940,000, as follows: 
(1) For military construction projects inside the United States 
authorized by section 2401(a), $434,500,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $28,840,000. 
(3) For military construction projects at Fort Sam Houston, 
Texas, authorized by section 2401(a) of the Military Construc-
tion Authorization Act, 1987 (division B of Public Law 99-661; 
100 Stat. 4035), $37,000,000. 
(4) 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 
(division B of Public Law 101-189; 103 Stat. 1640), $40,000,000. 
(5) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $14,000,000. 
(6) For conforming storage facilities constructed under the 
authority 
of section 
2404 of the Military 
(Donstruction 
Authorization Act, 1987 (division B of Public Law 99-661; 100 
Stat. 4037), $7,000,000. 
(7) For contingency construction projects of the Secretary of 
Defense under section 2804 of title 10, United States Code, 
$10,000,000. 
(8) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$73,800,000. 
(9) For base closure and realignment activities pursuant to 
title II of the Defense Authorization Amendments and Base 
105 STAT. 1532 
PUBLIC LAW 102-190—DEC. 5, 1991 
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
2687 note), $674,600,000. 
(10) For base closure and realignment activities as authorized 
by the Defense Base Closure and Realignment Act of 1990 (part 
A of title XXDC of Public Law 101-510; 10 U.S.C. 2687 note), 
$297,000,000. 
(11) For an energy conservation program under section 2865 
of title 10, United States Code, $36,000,000. 
(12) For military family housing functions: 
(A) For construction and acquisition of military family 
housing facilities, $200,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$26,000,000, of which not more than $21,664,000 may be 
obligated or expended for the leasing of military family 
housing units worldwide. 
(13) For acquisition or construction of portal facilities at 
various locations in support of the On-Site Inspection Agency, 
$2,000,000. 
(b) AUTHORIZATION OF UNOBUGATED FUNDS.—Funds appropriated 
to the Department of Defense for fiscal years before fiscal year 1992 
for military construction functions of the Defense Agencies that 
remsiin available for obligation on the date of the enactment of this 
Act are hereby authorized to be made available, to the extent 
provided in advance in appropriations Acts, in an amount not to 
exceed $17,000,000 for the construction of the headquarters building 
of the Defense Logistics Agency at Fort Belvior, Virginia, as au-
thorized under section 2401(a). 
(c) 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 variation authorized by 
law, the total cost of all projects carried out under section 2401 of 
this division may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a) and subsection (b); 
(2) $10,000,000 (the balance of the amount authorized under 
section 2401(a) for the construction of the defense logistics 
headquarters at Fort Belvoir, Virginia); and 
(3) $50,000,000 (the balance of the amount authorized under 
section 2401(a) for the construction of the hospital replacement 
at Homestead Air Force Base, Florida). 
SEC. 2405. CONTRACTS FOR CERTAIN PROJECTS. 
In the case of the military construction projects authorized by 
section 2401(a) to be constructed at Fort Belvoir, Virginia, and 
Homestead Air Force Base, Florida, the Secretary of Defense may 
enter into one or more contracts for the design and construction of 
the projects in advance of appropriations for the projects. Each such 
contract shall limit the pa3nnents the United States is obligated to 
make under the contract to the amount of appropriations available, 
at the time the contract is entered into, for obligation under such 
contract. 
SEC. 2406. SPECIAL OPERATIONS BATTALION HEADQUARTERS, FORT 
BRAGG, NORTH CAROLINA. 
(a) AVAILABILITY OF FUNDS.—Of the amount appropriated pursu-
ant to the authorization of appropriations in section 2404(a) for 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1533 
fiscal year 1992, $6,000,000 shall be available only for the construc-
tion of a headquarters facility for a special operations battalion at 
Fort Bragg, North Carolina. 
0)) RESTRICTION ON USE.—A facility constructed pursuant to 
subsection (a) may be used only as a headquarters for a special 
operations battalion. 
SEC. 2407. DESIGN FOR REPLACEMENT FACILITIES FOR FITZSIMONS 
ARMY MEDICAL CENTER. 
Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Defense shall enter into a contract for the prepara-
tion of the concept design of replacement facilities for the 
Fitzsimons Army Medical Center located in Aurora, Colorado. The 
contract shall require that the concept design for the replacement 
facilities shall— 
(1) be completed not later than September 30,1992; 
(2) provide for a capacity of not less than 400 beds; and 
(3) accommodate future expansion in the event that such 
expansion becomes necessary as the result of increased peace-
time need or to meet mobilization requirements. 
SEC. 2408. DEFENSE MEDICAL FACILITY, HOMESTEAD AIR FORCE BASE, 
FLORIDA. 
None of the funds appropriated or otherwise made available for 
the Department of Defense for fiscal year 1992 may be obligated for 
construction of a defense medical facility at Homestead Air Force 
Base, Florida, until the Secretary of the Air Force submits to the 
congressional defense committees a report describing the long-term 
plans of the Air Force for the use of Homestead Air Force Base as an 
active, operational installation. 
SEC. 2409. TERMINATION OF AUTHORITY TO CARRY OUT A CERTAIN 
PROJECT. 
(a) PROJECT AT PHILADELPHIA NAVAL SHIPYARD.—Section 2401(a) of 
the Military Construction Authorization Act for Fiscal Year 1991 
(division B of Public Law 101-510; 104 Stat. 1776) is amended under 
the heading "DEFENSE MEDICAL FACILITIES OFFICE" by striking out 
"Philadelphia Naval Shipyard, Pennsylvania, $11,600,000.". 
(b) CONFORMING AMENDMENT.—Section 2405 of such Act (104 Stat. 
1779) is amended— 
(1) by striking out "$1,656,078,000" and inserting in lieu 
thereof "$1,644,478,000"; and 
(2) by striking out "$275,448,000" and inserting in lieu thereof 
"$263,848,000.". 
SEC. 2410. AUTHORIZATION FOR UNAUTHORIZED FISCAL YEAR 1991 
APPROPRIATIONS FOR SPECIAL OPERATIONS COMMAND 
PROJECTS. 
(a) AUTHORIZATION.—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: 
Contracts. 
Reports. 
SPECIAL OPERATIONS COMMAND 
Fort Bragg, North Carolina, $8,100,000. 
Additional Classified Locations, $2,000,000. 
105 STAT. 1534 
PUBLIC LAW 102-190—DEC. 5, 1991 
Effective date. 
(b) 
CONSTRUCTION 
WiTH 
FY91 
MILITARY 
CONSTRUCTION 
AUTHORIZATION.—The authorization provided in subsection (a) for 
the projects specified in such subsection shall take effect as of 
November 5, 1990, as if included in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B of 
Public Law 101-510; 104 Stat. 1776). 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
PROJECTS. 
The Secretary of Defense may make contributions 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 collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1991, 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 $225,000,000. 
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, 1991, for the costs of acquisition, architectural 
and engineering services, repair or renovation of improvements on 
real property, 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, 
$210,745,000; and 
(B) for the Army Reserve, $106,507,000. 
(2) For the Department of the Navy, for the Naval and Marine 
Corps Reserve, $56,900,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$218,760,000; and 
(B) for the Air Force Reserve, $20,800,000. 
SEC. 2602. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE BEEN 
APPROPRIATED AND TERMINATION OF AUTHORITY TO 
CARRY OUT CERTAIN OTHER PROJECTS. 
(a) FISCAL YEAR 1991 PROJECTS.—Section 2601 of the Military 
Construction Authorization Act for Fiscal Year 1991 (division B of 
Public Law 101-510; 104 Stat. 1781) is amended— 
PUBLIC LAW 102-190-DEC. 5, 1991 
105 STAT. 1535 
(1) in paragraph (1)(A), by striking out "$297,544,000" and 
inserting in lieu thereof "$314,887,000"; 
(2) in paragraph (3XA), by striking out "$172,340,000" and 
inserting in lieu thereof "$176,290,000"; and 
(3) in paragraph (3XB), by striking out "$37,700,000" and 
inserting in lieu thereof "$37,200,000". 
(b) FISCAL YEAR 1990 PROJECTS.—Section 2601(3) of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991 
(division B of Public Law 101-189; 103 Stat. 1644) is amended— 
(1) in subparagraph (A), by striking out "$198,628,000" and 
inserting in lieu thereof "$195,628,000"; and 
(2) in subparagraph (B), by striking out "$46,200,000" and 
inserting in lieu thereof "$35,600,000". 
TITLE XXVII—EXPIRATION AND EXTENSION OF 
AUTHORIZATIONS 
SEC. 2701. EXPIRATION OF AUTHORIZATIONS. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS IN CER-
TAIN CASES.—Except as provided in subsection (b), all authorizations 
contained in titles XXI, XXII, XXIII, XXIV, XXV, and XXVI for 
military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Infrastructure program (and authorizations of 
appropriations therefor) shall expire on the later of— 
(1) October 1,1994; or 
(2) the date of the enactment of an Act authorizing funds for 
military construction for fiscal year 1995. 
(b) EXCEPTION.—Subsection (a) shall not apply with respect to 
authorizations for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to the 
North Atlantic Treaty Organization Infrastructure program (and 
authorizations of appropriations therefor), for which appropriated 
funds have been obligated before the later of^ 
(1) October 1,1994; or 
(2) the date of the enactment of an Act authorizing funds for 
fiscal year 1995 for military construction projects, land acquisi-
tions, family housing projects and facilities, or contributions to 
the North Atlantic Treaty Organization Infrastructure pro-
gram. 
SEC. 2702. EXTENSION OF PRIOR YEAR AUTHORIZATIONS. 
(a) 
EXTENSION 
OF 
AUTHORIZATION 
OF 
FISCAI^ 
YEAR 
1991 
PROJECTS.—Section 2701 of the Military Construction Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1782) is 
amended in subsections (a) and (b)— 
(1) by striking out "October 1, 1992" and inserting in lieu 
thereof "October 1,1993"; and 
(2) by striking out "fiscal year 1993," and inserting in lieu 
thereof "fiscal year 1994,". 
(b) 
EXTENSION 
OF AUTHORIZATION 
OF 
FISCAL 
YEAR 
1990 
PROJECTS.—(1) Section 2701 of the Military Construction Authoriza-
tion Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 
Stat. 1645) is amended in subsections (b)(1) and (c)(1)— 
(A) by striking out "October 1, 1991" and inserting in lieu 
thereof "October 1,1992"; and 
105 STAT. 1536 
PUBLIC LAW 102-190—DEC. 5, 1991 
(B) by striking out "fiscal year 1992," and inserting in lieu 
thereof "fiscal year 1993 (other than the Military Construction 
Authorization Act for Fiscal Years 1992 and 1993),". 
(2) The amendments made by paragraph (1) shall not apply with 
respect to authorizations for the following projects authorized in 
that Act: 
(A) Naval Underwater Systems Center in the amount of 
$12,600,000 at New London, Connecticut, as authorized in sec-
tion 2201(a) of that Act (103 Stat. 1622). 
(B) Eleven units of military family housing in an amount of 
$1,619,000 at Kelly Air Force Base, Texas, as authorized in 
section 2302(a) of that Act (103 Stat. 1634). 
(c) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1989 
PROJECTS.—Notwithstanding 
section 
2701(a) 
of 
the 
Military 
Construction Authorization Act, 1989 (Public Law 100-456; 102 Stat. 
2115), authorizations for the following projects authorized in sec-
tions 2101, 2201, 2301, or 2303 of that Act, as extended by section 
2106(c), 2206(b), or 2309(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1762, 
1768,1775) shall remain in effect until October 1,1992, or the date of 
the enactment of an Act authorizing funds for military construction 
for fiscal year 1993 (other than this Act), whichever is later: 
(1) Battalion headquarters in the amount of $2,300,000 at Fort 
Wainwright, Alaska. 
(2) Forward Training Area in the amount of $8,280,000 at 
Marine Corps Air Station, Cherry Point, North Carolina. 
(3) Operations facility in the amount of $5,300,000 at Location 
276 (Turkey). 
(4) Post office in the amount of $550,000 at Incirlik Air Base, 
Turkey. 
(5) Upgrade Capehart Military Family Housing, Phase II, in 
the amount of $6,006,000 at HoUoman Air Force Base, New 
Mexico. 
(d) EXTENSION OF AUTHORIZATION OF ONE FISCAL YEAR 
1988 
PROJECT.—(1) Notwithstanding section 2171(a) of the Military 
Construction Authorization Act, 1988 and 1989 (Public Law 101-180; 
101 Stat. 1206), the authorization for the project described in para-
graph (2) shall remain in effect until October 1, 1992, or the date of 
enactment of an Act authorizing funds for military construction for 
fiscal year 1993 (other than this Act), whichever is later. 
(2) The project referred to in paragraph (1) is the project— 
(A) for cold-iron utilities support in the amount of $7,480,000 
at Naval Support Office, La Maddelena, Italy; and 
(B) authorized in section 2121(b) of that Act (101 Stat. 1190), as 
extended by section 2206(a) of the Military Construction 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1768). 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1537 
TITLE XXVIII—GENERAL PROVISIONS 
PART A—MILITARY CONSTRUCTION PROGRAM AND MIUTARY FAMILY 
HOUSING CHANGES 
SEC. 2801. CONSTRUCTION OF RESERVE COMPONENT FACILITIES. 
Section 2233(aX2) of title 10, United States Code, is amended by 
inserting before the semicolon the following: "or to acquire or 
construct facilities for such use". 
SEC. 2802. TURN-KEY SELECTION PROCEDURES. 
(a) REMOVAL OF LIMITATIONS.—Section 2862 of title 10, United 
States Code, is amended by striking out subsections 0?) and (c), 
(b) CONFORMING AMENDMENTS.—Subsection (a) of such section is 
amended— 
(1) by striking out "(1)" and inserting in lieu thereof 
"AUTHORITY TO USE.—"; and 
(2) by striking out "(2)" and inserting in lieu thereof "Ot)) 
DEFINITION.—". 
SEC. 2803. HEALTH, SAFETY, AND ENVIRONMENTAL QUALITY EMER-
GENCY CONSTRUCTION. 
Section 2803(a) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking out ", and" and inserting in 
lieu thereof' or to the protection of health, safety, or the quality 
of the environment, and"; and 
(2) in paragraph (2), by inserting before the period the follow-
ing: "or the protection of health, safety, or environmental qual-
ity, as the case may be". 
SEC. 2804. INCREASED AUTHORITY FOR USE OF OPERATION AND MAINTE-
NANCE FUNDS FOR ACQUISITION AND CONSTRUCTION OF RE-
SERVE COMPONENT FACILITIES. 
Section 2233a03) of title 10, United States Code, is amended by 
striking out "$200,000" and inserting in lieu thereof "$300,000'\ 
SEC. 2805. LONG-TERM FACILITIES CONTRACTS. 
(a) 
MODIFICATION AND PERMANENT EXTENSION OF TEST PRO-
GRAM.—(1) Section 2809 of title 10, United States Code, is amended 
to read as follows: 
"§ 2809. Long-term facilities contracts for certain activities and 
services 
"(a) SUBMISSION AND AUTHORIZATION OF PROPOSED PROJECTS.—The 
Secretary concerned may enter into a contract for the procurement 
of services in connection with the construction, mansigement, and 
operation of a facility on or near a military installation for the 
provision of an activity or service described in subsection Qo) if— 
"(1) the Secretary concerned has identified the proposed 
project for that facility in the budget material submitted to 
Congress by the Secretary of Defense in connection with the 
budget submitted pursuant to section 1105 of title 31 for the 
fiscal year in which the contract is proposed to be awarded; 
"(2) the Secretary concerned has determined that the services 
to be provided at that facility can be more economically pro-
vided through the use of a long-term contract than through the 
use of conventional means; and 
105 STAT. 1538 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(3) the project has been authorized by law. 
"(b) AUTHORIZED PURPOSES OF CONTRACT.—The activities and serv-
ices referred to in subsection (a) are as follows: 
"(1) Child care services. 
"(2) Utilities, including potable and waste water treatment 
services. 
"(3) Depot supply activities. 
"(4) Troop housing. 
"(5) Transient quarters. 
"(6) Hospital or medical facilities. 
"(7) Other logistic and administrative services, other than 
depot maintenance. 
"(c) CONDITIONS ON OBUGATION OF FUNDS.—A contract entered 
into for a project pursuant to subsection (a) shall include the follow-
ing provisions: 
"(1) A statement that the obligation of the United States to 
make payments under the contract in any fiscal year is subject 
to appropriations being provided specifically for that fiscal year 
and specifically for that project. 
"(2) A commitment to obligate the necessary amount for each 
fiscal year covered by the contract when and to the extent that 
funds are appropriated for that project for that fiscal year. 
"(3) A statement that such a commitment given under the 
authority of this section does not constitute an obligation of the 
United States. 
"(d) COMPETITIVE PROCEDURES.—Each contract entered into under 
this section shall be awarded through the use of competitive proce-
dures as provided in chapter 137 of this title. In accordance with 
such procedures, the Secretary concerned shall solicit bids or propos-
als for a contract for each project that has been authorized by law. 
"(e) TERM OF CONTRACT.—A contract under this section may be for 
any period not in excess of 32 years, excluding the period for 
construction. 
"(f) NOTICE AND WAIT REQUIREMENTS.—A contract may 
not 
be 
entered into under this section until— 
"(1) the Secretary concerned submits to the appropriate 
committees of Congress, in writing, a justification of the need 
for the facility for which the contract is to be awarded and an 
economic analysis (based upon accepted life cycle costing proce-
dures) which demonstrates that the proposed contract is cost 
effective when compared with alternative means of furnishing 
the same facility; and 
"(2) a period of 21 calendar days has expired following the 
date on which the justification and the economic analysis are 
received by the committees.". 
(2) The item relating to such section in the table of sections at the 
beginning of subchapter I of chapter 169 of such title is amended to 
read as follows: 
"2809. Long-term facilities contracts for certain activities and services.". 
10 use 2809 
(b) APPLICATION OF AMENDMENT.—Section 2809 of title 10, United 
"°*® 
States Code, as amended by subsection (a), shall apply with respect 
to contracts entered into under that section on or after the date of 
the enactment of this Act. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1539 
SEC. 2806. LONG-TERM BUILD TO LEASE AUTHORITY FOR MILITARY 
FAMILY HOUSING. 
(a) 
MODIFICATION AND PERMANENT EXTENSION OF TEST PRO-
GRAM.—(1) Subchapter II of chapter 169 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 2835. Long-term leasing of military family housing to be con-
structed 
"(a) BUILD AND LEASE AUTHORIZED.—Subject to subsection (b), the 
Secretary of a military department, or the Secretary of Transpor-
tation with respect to the Coast Guard, may enter into a contract for 
the lease of family housing units to be constructed or rehabilitated 
to residential use near a military installation within the United 
States under the Secretary's jurisdiction at which there is a short-
age of family housing. Housing units leased under this section shall 
be assigned, without rental charge, as family housing to members of 
the armed forces who are eligible for assignment to military family 
housing. 
"(b) SUBMISSION AND AUTHORIZATION OF PROPOSED LEASE CON-
TRACTS.—(1) The Secretary of a military department, or the Sec-
retary of Transportation with respect to the Coast Guard, may enter 
into a lease contract under subsection (a) for such military housing 
as is authorized by law for the purposes of this section. 
"(2) The budget material submitted to Congress by the Secretary 
of Defense, and the Secretary of Transportation with respect to the 
Coast Guard, in connection with the budget submitted pursuant to 
section 1105 of title 31 for each fiscal year shall include materials 
that identify the military housing projects for which lease contracts 
are proposed to be entered into under subsection (a) in such fiscal 
year. 
"(c) COMPETITIVE PROCESS.—Each contract under subsection (a) 
shall be awarded through the use of publicly advertised, competi-
tively bid, or competitively negotiated, contracting procedures as 
provided in chapter 137 of this title. In accordance with such 
procedures, the Secretary of a military department, or the Secretary 
of Transportation, as the case may be, shall solicit bids or proposals 
for a contract for the lease of military housing authorized in accord-
ance with subsection (b)(1). Such a contract may provide for the 
contractor of the housing facilities to operate and maintain such 
housing facilities during the term of the lease. 
"(d) CONDITIONS ON OBUGATION OF FUNDS.—A lease contract en-
tered into for a military housing project under subsection (a) shall 
include the following provisions: 
"(1) A statement that the obligation of the United States to 
make payments under the contract in any fiscal year is subject 
to appropriations being provided specifically for that fiscal year 
and specifically for that project. 
"(2) A commitment to obligate the necessary amount for each 
fiscal year covered by the contract when and to the extent that 
funds are appropriated for that project for that fiscal year. 
"(3) A statement that such a commitment entered into under 
the authority of this section does not constitute an obligation of 
the United States. 
"(4) A requirement that housing units constructed pursuant 
to the contract shall be constructed— 
105 STAT. 1540 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(A) to Department of Defense specifications, in the case 
of a Department of Defense contract; and 
"(B) to Department of Transportation specifications, in 
the case of a contract for the Coast Guard. 
"(e) LEASE TERM.—A contract under this section may be for any 
period not in excess of 20 years (excluding the period required for 
construction of the housing facilities). 
"(p RIGHT OF FIRST REFUSAL TO ACQUIRE.—A contract under this 
section shall provide that, upon the termination of the lease period, 
the United States shall have the right of first refusal to acquire all 
right, title, and interest to the housing facilities constructed and 
leased under the contract. 
"(g) NOTICE AND WAIT REQUIREMENTS.—A contract may not be 
entered into for the lease of housing facilities under this section 
until— 
"(1) the Secretary of Defense, or the Secretary of Transpor-
tation with respect to the Cloast Guard, submits to the appro-
priate committees of Congress, in writing, an economic analysis 
(beised upon accepted life cycle costing procedures) which dem-
onstrates that the proposed contract is cost-effective when com-
pared with alternative means of furnishing the same housing 
facilities; and 
"(2) a period of 21 calendar days has expired following the 
date on which the economic analysis is received by those 
committees. 
"(h) SUPPORT BUILDINGS.—A contract for the lease of family hous-
ing under this section may include provision for the lease of a child 
care center, civic center building, and similsu* type buildings con-
structed for the support of family housing.". 
(2) The table of sections at the beginning of such subchapter is 
amended by adding at the end the following new item: 
"2835. Long-term leasing of military family housing to be constructed.". 
(b) CONFORMING AMENDMENT.—Section 2828 of title 10, United 
States Code, is amended— 
(1) by striking out subsection (g); and 
(2) by redesignating subsection (h) as subsection (g). 
10 use 2828 
(c) APPUCATION OF AMENDMENTS.—Section 2835 of title 10, United 
"°*®- 
States Code, as added by subsection (a), shall apply with respect to 
contracts entered into under that section on or after the date of the 
enactment of this Act. The amendment made by subsection (bXl) 
shall not affect the validity of any contract entered into before that 
date under section 2828(g) of such title, as in effect on the day before 
that date. 
SEC. 2807. INCREASED COST LIMITATIONS FOR UNSPECIFIED MINOR 
CONSTRUCTION PROJECTS. 
(a) DEFINITION OF MINOR CONSTRUCTION.—Subsection (aXl) of sec-
tion 2805 of title 10, United States Code, is amended by striking out 
"$1,000,000" and inserting in lieu thereof "$1,500,000". 
(b) O&M-FuNDED PROJECTS.—Subsection (cXD of such section is 
amended by striking out "$200,000" and inserting in lieu thereof 
"$300,000". 
SEC. 2808. INCREASE IN THE AMOUNT OF SPACE FOR MILITARY FAMILY 
HOUSING UNITS UNDER CERTAIN CIRCUMSTANCES. 
(a) INCREASE AUTHORIZED FOR HARSH CLIMATES.—Section 2826 of 
title 10, United States Code, is amended— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1541 
Termination 
date. 
(1) by redesignating subsections (d), (e), and (f) as subsections 
(f), (g), and (h), respectively; and 
(2) by inserting after subsection (c) the following new subsec-
tion: 
"(d) The applicable maximum net floor area prescribed by subsec- Regulations. 
tion (a) may be increased by 300 square feet for a family housing 
unit in a location where harsh climatological conditions severely 
restrict outdoor activity for a significant part of each year, as 
determined by the Secretary concerned pursuant to regulations 
prescribed by the Secretary of Defense. The regulations shall apply 
uniformly to the armed forces.". 
(b) INCREASE AUTHORIZED WHERE PURCHASE OF LARGER UNITS IS 
COST EFFECTIVE.—Such section is further amended by inserting after 
subsection (d), as added by subsection (aX2), the following new 
subsection: 
"(e) In the case of the acquisition by purchase of military family 
housing units for members of the armed forces in pay grades below 
pay grade 0-6, the applicable maximum net floor area prescribed by 
subsection (a) may be increased by 20 percent if the Secretary 
concerned determines that the purchase of larger units is cost 
effective when compared to available units within the space limita-
tions specified in that subsection. The authority provided by this 
subsection shall expire on September 30,1994.", 
SEC. 2809. MILITARY HOUSING RENTAL GUARANTEE PROGRAM. 
(a) 
MODIFICATION AND PERMANENT EXTENSION OF TEST PRO-
GRAM.—(1) Subchapter II of chapter 169 of title 10, United States 
(Dode, is amended by adding after section 2835, as added by section 
2806, the following new section: 
"§ 2836. Military housing rental guarantee program 
"(a) AUTHORITY.—Subject to subsection (b), the Secretary of a 
military department, or the Secretary of Transportation with re-
spect to the Coast Guard, may enter into an agreement to assure the 
occupancy of rental housing to be constructed or rehabilitated to 
residential use by a private developer or by a State or local housing 
authority on private land, on land owned by a State or local 
government, or on land owned by the United States, if the housing is 
to be located on or near a new military installation or an existing 
military installation that has a shortage of housing to meet the 
requirements of eligible members of the armed forces (with or 
without accompanying dependents). The authority provided under Regulations. 
this subsection shall be exercised under uniform regulations pre-
scribed by the Secretary of Defense. 
"(b) SUBMISSION AND AUTHORIZATION OF PROPOSED AGREEMENTS.— 
(1) The Secretary of a military department, or the Secretary of 
Transportation with respect to the Coast Guard, may enter into 
agreements pursuant to subsection (a) for such military housing 
rental guaranty projects as are authorized by law. 
"(2) The budget material submitted to C!ongress by the Secretary 
of Defense, and the Secretary of Transportation with respect to the 
Coast Guard, in connection with the budget submitted pursuant to 
section 1105 of title 31 for each fiscal year shall include materials 
that identify the military housing rental guaranty projects for 
which agreements are proposed to be entered into under subsection 
(a) in that fiscal year. 
105 STAT. 1542 
PUBLIC LAW 102-190—DEC. 5, 1991 
"(c) CONTENT OF AGREEMENT.—An agreement under subsection 
( a ) -
"(1) may not assure the occupancy of more than 97 percent of 
the units constructed under the agreement; 
r- 
"(2) shall establish initial rental rates that are not more than 
rates for comparable rental dwelling units in the same general 
market area and may include an escalation clause; 
"(3) may apply to existing housing; 
"(4) shall require that the housing units be constructed— 
"(A) in the case of a Department of Defense agreement, to 
Department of Defense specifications or, at the discretion of 
the Secretary of the military department concerned, in 
compliance with the local building codes; and 
"(B) in the case of an agreement for the (Doast Guard, to 
Department of Transportation specifications; 
"(5) may not be for a term in excess of 25 years; 
"(6) may not be renewed unless the project is located on 
government owned land, in which case the renewal period may 
not exceed the original contract term; 
"(7) may not assure more than an amount equivalent to the 
shelter rent of the housing units, determined on the basis of 
amortizing initial construction costs; 
"(8) may only be entered into to the extent that there is a 
shortage in military family housing; 
"(9) may only be entered into if existing military-controlled 
housing at all installations in the commuting area (except for a 
new installation or an installation for which there is projected a 
significant increase in the number of families due to an increase 
in the number of authorized personnel) has exceeded 97 percent 
use for a period of not less than 18 consecutive months imme-
diately preceding the date on which the agreement is entered 
into, excluding units temporarily inactivated for major repair or 
improvements; 
"(10) shall provide for priority of occupancy for military 
families; 
"(11) shall include a provision authorizing the Secretary of 
the military department concerned, or the Secretary of 
Transportation with respect to the Coast Guard, to take such 
action as the Secretary considers appropriate to protect the 
interests of the United States, including rendering the agree-
ment null and void if, in the opinion of the Secretary, the owner 
of the housing fails to maintain a satisfactory level of operation 
and maintenance; 
"(12) may provide in the agreement for the rental of a child 
care center, civic center building, and similar type buildings 
constructed for the support of family housing; 
"(13) may provide that utilities, trash collection, snow re-
moval, and entomological services will be furnished by the 
Federal Government at no cost to the occupant to the same 
extent that these items are provided to occupants of housing 
owned by the Federal Government; and 
"(14) may require that rent collection and operation and 
maintenance services in connection with the housing be under 
the terms of a separate agreement or be carried out by person-
nel of the Federal Government. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1543 
"(d) CONDITIONS ON OBLIGATION OF FUNDS.—An agreement en-
tered into for a project pursuant to subsection (a) shall include the 
following provisions: 
"(1) A statement that the obligation of the United States to 
make payments under the agreement in any fiscal year is 
subject to appropriations being provided specifically for that 
fiscal year and specifically for that project. 
"(2) A commitment to obligate the necessary amount for each 
fiscal year covered by the agreement when and to the extent 
that funds are appropriated for such project for such fiscal year. 
"(3) A statement that such a commitment entered into under 
the authority of this section does not constitute an obligation of 
the United States. 
"(e) COMPETITIVE PROCESS.—An agreement under subsection (a) 
shall be made through the use of publicly advertised, competitively 
bid, or competitively negotiated, contracting procedures as provided 
in chapter 137 of this title. In accordance with such procedures, the 
Secretary of a military department, or the Secretary of Transpor-
tation, as the case may be, shall solicit bids or proposals for a 
guaranty agreement for each military housing rental guaranty 
project authorized in accordance with subsection (b). 
"(f) NOTICE AND WAIT REQUIREMENTS.—An agreement may not be 
entered into under subsection (a) until— 
"(1) the Secretary of Defense, or the Secretary of Transpor-
tation with respect to the Coast Guard, submits to the appro-
priate committees of Congress, in writing, an economic analysis 
(based upon accepted life cycle costing procedures) which dem-
onstrates that the proposed agreement is cost effective when 
compared with alternative means of furnishing the same hous-
ing facilities; and 
"(2) a period of 21 calendar days has expired following the 
date on which the economic analysis is received by those 
committees. 
"(g) DISPUTES.—The Secretary concerned may require that dis-
putes arising under an agreement entered into under subsection (a) 
be decided in accordance with the procedures provided for by the 
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).". 
(2) The table of sections at the beginning of such subchapter is 
amended by adding after the item relating to section 2835 (as added 
by section 2806) the following new item: 
"2836. Military housing rental guarantee program.". 
(b) CONFORMING AMENDMENT.—Section 802 of the 
Military 
Construction Authorization Act, 1984 (10 U.S.C. 2821 note) is re-
pealed. 
(c) APPLICATION OF AMENDMENTS.—Section 2836 of title 10, United lo use 2836 
States Code, as added by subsection (a), shall apply with respect to 
contracts entered into under that section on or after the date of the 
enactment of this Act. The amendment made by subsection (b) shall 
not affect the validity of any contract entered into before that date 
under section 802 of the Military Construction Authorization Act, 
1984 (10 U.S.C. 2821 note), as in effect on the day before that date. 
note. 
105 STAT. 1544 
PUBLIC LAW 102-190—DEC. 5, 1991 
PART B—DEFENSE BASE CLOSURE AND REAUGNMENT 
SEC. 2821. DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990 
AMENDMENTS. 
(a) APPOINTMENT OF COMMISSION.—Section 2902(c)(1) of the De-
fense Base Closure and Realignment Act of 1990 (part A of title 
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by 
adding at the end the following new subparagraph: 
"(C) If the President does not transmit to Congress the nomina-
tions for appointment to the CJommission on or before the date 
specified for 1993 in clause (ii) of subparagraph (B) or for 1995 in 
clause (iii) of such subparagraph, the process by which military 
installations may be selected for closure or realignment under this 
part with respect to that year shall be terminated.". 
(b) EMPLOYMENT OF STAFF BY (COMMISSION.—Section 2902(i) of such 
Act is amended— 
(1) in paragraph (3)— 
(A) by inserting "(A)" after "(3)"; and 
(B) by adding at the end the following new subpara-
graphs: 
"(BXi) Not more than one-fifth of the professional analysts of the 
CJommission staff may be persons detailed from the Department of 
Defense to the Commission. 
"(ii) No person detailed from the Department of Defense to the 
(Commission may be assigned as the lead professional analyst with 
respect to a military department or defense agency. 
"(C) A person may not be detailed from the Department of De-
fense to the (Commission if, within 12 months before the detail is to 
begin, that person participated personally and substantially in any 
matter within, the Department of Defense concerning the prepara-
tion of recommendations for closures or realignments of military 
installations. 
"(D) No member of the Armed Forces, and no officer or employee 
of the Department of Defense, may— 
"(i) prepare any report concerning the effectiveness, fitness, 
or efficiency of the performance on the staff of the Commission 
of any person detailed from the Department of Defense to that 
staff; 
"(ii) review the preparation of such a report; or 
"(iii) approve or disapprove such a report."; and 
(2) by adding at the end the following new paragraph: 
"(6) The following restrictions relating to the personnel of the 
(Commission shall apply during 1992 and 1994: 
"(A) There may not be more than 15 persons on the staff at 
any one time. 
"(B) The staff may perform only such functions as are nec-
essary to prepare for the transition to new membership on the 
(Commission in the following year. 
"(C) No member of the Armed Forces and no employee of the 
Department of Defense may serve on the staff.". 
(c) PROHIBITION AGAINST RESTRICTING COMMUNICATIONS WITH THE 
COMMISSION.—Section 2902 of such Act is amended by adding at the 
end the following new subsection: 
"(m) PROHIBITION AGAINST RESTRICTING (COMMUNICATIONS.—Sec-
tion 1034 of title 10, United States Code, shall apply with respect to 
communications with the (Commission.". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1545 
(d) 
DATE 
FOR COMPLETION 
OF SELECTION CRITERIA.—Section 
2903(bX2XB) of such Act is amended— 
lo use 2687 
(1) by striking out "February 15" in the first sentence and "°*® 
inserting in lieu thereof "Jeinuary 15"; and 
(2) by striking out "March 15" in the second sentence and 
inserting in lieu thereof "February 15". 
(e) DEPARTMENT OF DEFENSE RECOMMENDATIONS.—Section 2903(c) 
of such Act is amended— 
(1) in paragraph (1), by striking out "April 15, 1993, and April 
15, 1995," and inserting in lieu thereof "March 15, 1993, and 
March 15,1995,"; 
(2) in paragraph (4), by inserting at the end the following new 
sentence: "(4) In addition to making all information used by the 
Secretary to prepare the recommendations under this subsec-
tion available to Congress (including any committee or member 
of Congress), the Secretary shall also make such information 
available to the Commission and the Comptroller General of the 
United States."; and 
(3) by inserting at the end the following new paragraphs: 
"(5)(A) Each person referred to in subparagraph (B), when submit-
ting information to the Secretary of Defense or the Commission 
concerning the closure or realignment of a military installation, 
shall certify that such information is accurate and complete to the 
best of that person's knowledge and belief. 
"(B) Subparagraph (A) applies to the following persons: 
"(i) The Secretaries of the military departments. 
"(ii) The heads of the Defense Agencies. 
"(iii) Each person who is in a position the duties of which 
include personal and substantial involvement in the prepara-
tion and submission of information and recommendations 
concerning the closure or realignment of military installations, 
as designated in regulations which the Secretary of Defense 
shall prescribe, regulations which the Secretary of each military 
department shall prescribe for personnel within that military 
department, or regulations which the head of each Defense 
Agency shall prescribe for personnel within that Defense 
Agency. 
"(6) In the case of any information provided to the Commission by 
a person described in paragraph (5XB), the Commission shall submit 
that information to the Senate and the House of Representatives to 
be made available to the Members of the House concerned in 
accordance with the rules of that House. The information shall be 
submitted to the Senate and the House of Representatives within 24 
hours after the submission of the information to the Commission. 
The Secretary of Defense shall prescribe regulations to ensure the Regulations. 
compliance of the Commission with this paragraph.". 
(f) COMMISSION RECOMMENDATIONS.—Section 2903(dX2) of such Act 
is amended— 
(1) in subparagraph (B), by striking out "In making" and 
inserting in lieu thereof "Subject to subparagraph (C), in 
making"; and 
(2) by adding at the end the following new subparagraphs: 
"(C) In the case of a change described in subparagraph (D) in the 
recommendations made by the Secretary, the Commission may 
make the change only if the Commission— 
"(i) makes the determination required by subparagraph (B); 
105 STAT. 1546 
PUBLIC LAW 102-190—DEC. 5, 1991 
Federal 
Register, 
publication. 
10 use 2687 
note. 
10 use 2687 
note. 
Effective date. 
10 use 2687 
note. 
10 use 2687 
note. 
"(ii) determines that the change is consistent with the force-
structure plan and final criteria referred to in subsection (c)(1); 
"(iii) publishes a notice of the proposed change in the Federal 
Register not less than 30 days before transmitting its rec-
ommendations to the President pursuant to paragraph (2); and 
"(iv) conducts public hearings on the proposed change. 
"(D) Subparagraph (C) shall apply to a change by the Commission 
in the Secretary's recommendations that would— 
"(i) add a military installation to the list of military installa-
tions recommended by the Secretary for closure; 
"(ii) add a military installation to the list of military installa-
tions recommended by the Secretary for realignment; or 
"(iii) increase the extent of a realignment of a particular 
military installation recommended by the Secretary.", 
(g) CLARIFICATION OF CONGRESSIONAL CONSIDERATION OF COMMIS-
SION REPORT.—Section 2908(d) of such Act is amended in the first 
sentence by striking out "the resolution (but" and all that follows 
through "do so)." and inserting in lieu thereof the following: "the 
resolution. A Member may make the motion only on the day after 
the calendar day on which the Member announces to the House 
concerned the Member's intention to make the motion, except that, 
in the case of the House of Representatives, the motion may be 
made without such prior announcement if the motion is made by 
direction Of the committee to which the resolution was referred.'. 
(h) MILITARY INSTALLATION DEFINED.—(1) Section 2910(4) of such 
Act is amended by inserting at the end the following new sentence: 
"Such term does not include any facility used primarily for civil 
works, rivers and harbors projects, flood control, or other projects 
not under the primary jurisdiction or control of the Department of 
Defense.". 
(2) The amendment made by paragraph (1) shall take effect as of 
November 5, 1990, and shall apply as if it had been included in 
section 2910(4) of the Defense Base Closure and Realignment Act of 
1990 on that date. 
(i) No AUTHORITY TO WITHHOLD INFORMATION.—Nothing in this 
section or in the Defense Base Closure and Realignment Act of 1990 
shall be construed to authorize the withholding of information from 
Congress, any committee or subcommittee of (Ilongress, or the 
Comptroller General of the United States. 
SEC. 2822. CONSISTENCY IN BUDGET DATA. 
(a) MILITARY CONSTRUCTION FUNDING REQUESTS.—In the case of 
each military installation considered for closure or realignment or 
for comparative purposes by the Defense Base Closure and Realign-
ment Commission, the Secretary of Defense shall ensure, subject to 
subsection (b), that the amount of the authorization requested by the 
Department of Defense for each military construction project in 
each of the fiscal years 1992 through 1999 for the following fiscal 
year does not exceed the estimate of the cost of such project (ad-
justed as appropriate for inflation) that was provided to the Commis-
sion by the Department of Defense. 
(b) 
EXPLANATION 
FOR INCONSISTENCIES.—The Secretary 
may 
submit to Congress for a fiscal year a request for the authorization 
of a military construction project referred to in subsection (a) in an 
amount greater than the estimate of the cost of the project (adjusted 
as appropriate for inflation) that was provided to the Commission if 
the Secretary determines that the greater amount is necessary and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1547 
submits with the request a complete explanation of the reasons for 
the difference between the requested amount and the estimate, 
(c) INVESTIGATION.—(1) The Inspector General of the Department 
of Defense shall investigate each military construction project for 
which the Secretary is required to submit an explanation to Con-
gress under subsection 0)) if the Inspector (Jeneral determines 
(under standards prescribed by the Inspector General) that the 
difference between the requested amount and the estimate for the 
project is significant. 
(2) With respect to each military construction project investigated 
under paragraph (1), the Inspector General shall determine— 
(A) why the amount requested to be authorized in the case of 
that project exceeds the estimated cost of the project that was 
submitted to the Commission by the Department of Defense; 
and 
(B) whether the relevant information submitted to the 
Commission with respect to that project was inaccurate, incom-
plete, or misleading in any material respect. 
(3) The Inspector General shall submit a report to the Secretary Reports, 
describing the results of each investigation conducted under para-
graph (1). The Secretary shall forward a copy of the report to the 
congressional defense committees. 
SEC. 2823. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES AND 
MEMBERS OF THE ARMED FORCES FOR HOMEOWNERS 
ASSISTANCE IN CONNECTION WITH BASE CLOSURES. 
(a) EXPANDED ELIGIBILITY.—Subsection (b) of section 1013 of the 
Demonstration Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3374) is amended by striking out the matter above the first 
proviso and inserting in lieu thereof the following: 
"(bXD In order to be eligible for the benefits of this section, a 
civilian employee or a member of the Armed Forces— 
"(A) must be assigned to or employed at or in connection with 
the installation or activity at the time of public announcement 
of the closure action, or employed by a nonappropriated fund 
instrumentality operated in connection with such base or 
installation; 
"(B) must have been transferred from such installation or 
activity, or terminated as an employee as a result of a reduction 
in force, within six months prior to public smnouncement of the 
closure action; or 
"(C) must have been transferred from the installation or 
activity on an overseas tour within three years pripr to public 
announcement of the closure action. 
"(2) A member of the Armed Forces shall also be eligible for the 
benefits of this section if the member— 
"(A) was transferred from the installation or activity within 
three years prior to public announcement of the closure action; 
and 
"(B) in connection with the transfer, was informed of a future, 
programmed reassignment to the installation. 
"(3) The eligibility of a civilian employee and member of the 
Armed Forces under paragraph (1) and a member of the Armed 
Forces under paragraph (2) for benefits under this section in connec-
tion with the closure of an installation or activity is subject to the 
additional conditions set out in paragraphs (4) and (5).". 
105 STAT. 1548 
PUBLIC LAW 102-190—DEC. 5, 1991 
Ante, p. 1547. 
(b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such section 
is amended— 
(A) in paragraph (1), by striking out "servicemen" and insert-
ing in lieu thereof "member of the Armed Forces of the United 
States"; and 
(B) in paragraph (2), by inserting before the semicolon the 
following: "or, in the case of a member of the Armed Forces not 
assigned to that base or installation at the time of public 
announcement of such closing, will prevent any reassignment of 
such member to the base or installation". 
(2) The first proviso of subsection (b) of such section is amended— 
(A) by striking out "Provided, That, at" and inserting in lieu 
thereof the following: 
"(4) At"; 
(B) by redesignating clauses (i) and (ii) as subparagraphs (A) 
and (B), respectively; and 
(C) by striking out the colon at the end and inserting in lieu 
thereof a period. 
(3) The second proviso of subsection (b) of such section is 
amended— 
(A) by striking out "Provided further. That as" and inserting 
in lieu thereof the following: 
"(5) As"; and 
(B) by redesignating clauses (i) and (ii) as subparagraphs (A) 
and (B), respectively. 
(4) Subsection (1) of such section is amended by striking out "the 
second proviso of subsection (b)" and inserting in lieu thereof 
"subsection (b)(5)". 
SEC. 2824. ENVIRONMENTAL PLAN FOR JEFFERSON PROVING GROUND, 
INDIANA. 
(a) PLANS REQUIRED.—The Secretary of Defense shall prepare a 
proposed and final plan containing the environmental response 
actions and corrective actions required for the environmental res-
toration and cleanup of the entire 55,000 acres of the Jefferson 
Proving Ground, Indiana, including all areas north and south of the 
firing line. 
(b) CONTENT OF PLANS.—The plans required under subsection (a) 
shall include the following information: 
(1) An identification of the categories of potential alternative 
uses, including unrestricted use, for the entire installation fol-
lowing closure. 
(2) For each of the potential use categories identified pursuant 
to paragraph (1), the following information: 
(A) An identification and detailed description of the 
environmental response actions and corrective actions re-
quired for the environmental restoration and cleanup of the 
installation to a condition suitable for the uses in such 
category. 
(B) A schedule (including milestones) for completing such 
environmental response actions and corrective actions. 
* 
(C) The total estimated cost of completing such activities 
and the estimated cost of such environmental response 
actions and corrective actions for each fiscal year through 
fiscal year 1998. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1549 
(D) A description of any impediments to achieving 
successful completion of such environmental response ac-
tions and corrective actions. 
(c) PROPOSED PLAN.—Within 180 days after the date of the enact-
ment of this Act, the Secretary shall— 
(1) prepare the proposed plan required under subsection (a); 
(2) publish simultaneously in the Federal Register and in at 
least 2 newspapers of general circulation in Madison, Indiana, 
and the surrounding area a notice of the availability of the 
proposed plan, including the Secretary's request for comments 
on the proposed plan from the public; and 
(3) provide copies of the proposed plan to appropriate State 
and local agencies authorized to develop and enforce environ-
mental standards. 
(d) OPPORTUNITIES FOR PUBUC COMMENT.—(1) There shall be a 
period of at least 60 days for public comment on the proposed plan. 
(2) The Secretary shall hold at least 1 public meeting on the 
proposed plan in the area of the Jefferson Proving Ground not 
earlier than 45 days after the date of the publication of the notice in 
the Federal Register required by subsection (c). The public may 
submit comments on the proposed plan at the meeting. The com-
ments may be in either oral or written form. 
(e) AvAiLABiUTY OF PuBLic COMMENTS.—The Secretary shall make 
available to the public all comments received by the Secretary on 
the proposed plan. 
(f) FINAL PLAN.—(1) At the same time that the President submits 
the budget to Congress for fiscal year 1994 pursuant to section 1105 
of title 31, United States Code, the Secretary shall submit the final 
plan required by subsection (a) to Congress. 
(2) The final plan shall include the Secretary's recommendations 
for uses of the Jefferson Proving Ground, the environmental re-
sponse actions and corrective actions required to permit such uses, 
and the Secretary's specific responses to each comment received on 
the proposed plan pursuant to subsection (d). 
(g) EFFECT ON OTHER LAWS.—Nothing in this section shall be 
construed as preempting, limiting, superseding, affecting, or modify-
ing any Federal, State, or local law or regulation, including the Solid 
Waste Disposal Act (42 U.S.C. 3251 et seq.) and the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42U.S.C.9601etseq.). 
SEC. 2825. DISPOSITION OF CREDIT UNION FACILITIES ON MILITARY 
INSTALLATIONS TO BE CLOSED. 
(a) AUTHORITY TO CONVEY FACILITIES.—(1) Subject to subsection (c) 
and notwithstanding any other provision of law, the Secretary of the 
military department having jurisdiction over a military installation 
being closed pursuant to a beise closure law may convey all right, 
title, and interest of the United States in a facility located on that 
installation to a credit union that— 
(A) conducts business in the facility; and 
(B) constructed or substantially renovated the facility using 
funds of the credit union. 
(2) In the case of the conveyance under paragraph (1) of a facility 
that was not constructed by the credit union but was substantially 
renovated by the credit union, the Secretary shall require the credit 
union to pay an amount determined by the Secretary to be equal to 
the value of the facility in the absence of the renovations. 
Federal 
Register, 
publication. 
Indiana. 
10 u s e 2687 
note. 
105 STAT. 1550 
PUBLIC LAW 102-190—DEC. 5, 1991 
(b) AUTHORITY TO CONVEY LAND.—As part of the conveyance of a 
facility to a credit union under subsection (a), the Secretary of the 
military department concerned shall permit the credit union to 
purchase the land upon which that facility is located. The Secretary 
shall offer the land to the credit union before offering such land for 
sale or other disposition to any other entity. The purchase price 
shall be not less than the fair market value of the land, as deter-
mined by the Secretary. 
(c) LIMITATION.—The Secretary of a military department may not 
convey a facility to a credit union under subsection (a) if the 
Secretary determines that the operation of a credit union business 
at such facility is inconsistent with the plan for the reuse of the 
installation developed in coordination with the community in which 
the facility is located. 
(d) BASE CLOSURE LAW DEFINED.—For purposes of this section, the 
term "base closure law" means the following: 
(1) The Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 104 Stat. 1808; 10 
U.S.C. 2687 note). 
(2) Title II of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100-526; 102 
Stat. 2627; 10 U.S.C. 2687 note). 
(3) Section 2687 of title 10, United States Code. 
(4) Any other similar law enacted after the date of the enact-
ment of this Act. 
10 use 2687 
SEC. 2826. REPORT ON EMPLOYMENT ASSISTANCE SERVICES. 
(a) REPORT REQUIRED.—Not later than 90 days after the date of 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report setting forth the availability of employment 
assistance services for civilian employees of the Department of 
Defense who may be affected by reductions in defense employment 
as a result of the closure and realignment of military installations 
under the Defense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Public Law 102-510; 104 Stat. 1808; 10 U.S.C. 2687 
note) and title II of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100-526; 102 Stat. 
2627; 10 U.S.C. 2687 note). The Secretary shall prepare the report in 
coordination with the Secretary of Labor. 
(b) CONTENT OF REPORT.—The report required by subsection (a) 
shall include the following: 
(1) A detailed description of plans to reduce the work force, 
including specific timetables, at military installations currently 
designated for closure or realignment under those Acts. 
(2) A description of the availability of all current Federal, 
State, and local programs and efforts to provide training and 
reemployment assistance to involuntarily separated personnel 
in each community affected by base closure or realignment. 
(3) A description of any plans by the Department of Labor and 
the Department of Defense to expand existing job training 
programs for civilian employees of the Department of Defense 
affected by base closure and realignments and the estimated 
cost of such program expansions. 
(4) A description of any specific Army, Navy, or Air Force 
programs which provide job training and reemployment assist-
ance to civilian workers affected by current base closure and 
realignment actions, the current cost of these programs, and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1551 
any plans to expand these programs to meet future job training 
and reemployment requirements. 
SEC. 2827. FUNDING FOR ENVIRONMENTAL RESTORATION AT MILITARY 
INSTALLATIONS TO BE CLOSED AND REPORT ON ENVIRON-
MENTAL RESTORATION COSTS AT SUCH INSTALLATIONS. 
(a) EXCLUSIVE SOURCE OF FUNDING.—(1) Section 2906 of the De-
fense Base Closure and Realignment Act of 1990 (part A of title 
XXIX of Public Law 101-510; 104 Stat. 1815; 10 U.S.C. 2687 note) is 
amended by adding at the end the following new subsection: 
"(d) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR ENVIRONMENTAL 
RESTORATION PROJECTS.—Except for funds deposited into the Ac-
count under subsection (a), funds appropriated to the Department of 
Defense may not be used for purposes described in section 
2905(a)(1)(C). The prohibition in this subsection shall expire upon the 
termination of the authority of the Secretary to carry out a closure 
or realignment under this part.". 
(2) Section 2905(aXlXC) of such Act (Public Law 101-510; 104 Stat. 
1813; 10 U.S.C. 2687 note) is amended— 
(A) by striking out "may" and inserting in lieu thereof 
"shall"; and 
(B) by striking out "or funds appropriated to the Department 
of Defense for environmental restoration and mitigation". 
(3) The amendments made by this subsection shall take effect on Effective 
the date of the enactment of this Act. 
f 
OTTST ?fi87 
(b) REPORT ON ENVIRONMENTAL RESTORATION COSTS FOR INSTALLA- 
^^^^ 
TioNS To BE CLOSED UNDER 1990 BASE CLOSURE LAW.—(1) Each year, lo use 2687 
at the same time the President submits to Congress the budget for a note, 
fiscal year (pursuant to section 1105 of title 31, United States Code), 
the Secretary of Defense shall submit to Congress a report on the 
funding needed for the fiscal year for which the budget is submitted, 
and for each of the following four fiscal years, for environmental 
restoration activities at each military installation described in para-
graph (2), set forth separately by fiscal year for each military 
installation. 
(2) The report required under paragraph (1) shall cover each 
military installation which is to be closed pursuant to the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX of 
Public Law 101-510). 
PART C—LAND TRANSACTIONS 
SEC. 2831. ACQUISITION OF LAND, BALDWIN COUNTY, ALABAMA. 
(a) ACQUISITION OF LAND.—The Secretary of the Navy may acquire 
the fee simple interest in a parcel of real property consisting of 
approximately 60 acres within the runway clear zones located at 
Outlying Landing Field Barin, Baldwin County, Alabama. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcel of real property to be acquired under 
subsection (a) shall be determined by a survey that is satisfactory to 
the Secretary of the Navy. 
(c) TERMS AND CONDITIONS.—The Secretary of the Navy may 
require any terms or conditions in connection with the acquisition 
under this section that the Secretary determines appropriate to 
protect the interests of the United States. 
105 STAT. 1552 
PUBLIC LAW 102-190—DEC. 5, 1991 
SEC. 2832. LAND CONVEYANCE, LOMPOC, CALIFORNIA. 
(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary 
of Army may convey to the City of Lompoc, California (in this 
section referred to as the "City"), without consideration, all right, 
title, and interest of the United States in and to a parcel of real 
property consisting of approximately 41 acres located at the United 
States Disciplinary Barracks, Lompoc, California, together with any 
improvements on such land. 
(b) CONDITION.—The conveyance authorized by subsection (a) shall 
be subject to the condition that the City use the real property 
conveyed for— 
(1) educational purposes; or 
(2) the purposes provided for in section 834 of the Military 
Construction Authorization Act, 1985 (Public Law 98-407; 98 
Stat. 1526). 
(c) REVERSION.—If the Secretary of the Army determines at any 
time that the City is not complying with the condition specified in 
subsection (b), all right, title, and interest in and to the property 
conveyed pursuant to subsection (a), including improvements on the 
property, shall revert to the United States and the United States 
shall have the right of immediate entry on that property. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcel of property to be conveyed under subsection 
(a) shall be determined by a survey that is satisfactory to the 
Secretary of the Army. The cost of the survey shall be borne by the 
City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may require any additional terms and conditions in connec-
tion with the conveyance under this section that the Secretary 
determines appropriate to protect the interests of the United States. 
SEC. 2833. LAND EXCHANGE, SCOTT AIR FORCE BASE, ILLINOIS. 
(a) IN GENERAL.—Subject to subsection (b), the Secretary of the 
Air Force may convey to the County of Saint Clair, Illinois (in this 
section referred to as the "County"), all right, title, and interest of 
the United States in and to a parcel of real property known £is the 
Cardinal Creek Housing Ciomplex, Scott Air Force Base, Illinois, 
consisting of approximately 150 acres, together with the improve-
ments on the property. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a) of the parcel described in that subsection, the County 
shall convey to the United States a parcel of real property located in 
the vicinity of Scott Air Force Base, Illinois. The fair market value 
of the real property conveyed to the United States shall be at least 
equal to the fair market value of the real property (including the 
improvements on that property) conveyed to the County under 
subsection (a). 
(c) DETERMINATIONS OF FAIR MARKET VALUE.—The determinations 
of the Secretary of the Air Force regarding the fair market values of 
the parcels of real property to be conveyed pursuant to subsections 
(a) and (b) shall be final. 
(d) DESCRIPTION OF PROPERTY.—The exact acreages and legal 
descriptions of the parcels of real property to be conveyed pursuant 
to subsections (a) and 0)) shall be determined by surveys that are 
satisfactory to the Secretary of the Air Force. The cost of such 
surveys shall be borne by the County. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1553 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Air 
Force may require any additional terms and conditions in connec-
tion with the conveyances under this section that the Secretary 
determines appropriate to protect the interests of the United States. 
SEC. 2834. LAND CONVEYANCE, NEW BEDFORD, MASSACHUSETTS. 
(a) CONVEYANCE.—Subject to subsection (h), the Secretary of the 
Army may convey to the City of New Bedford, Massachusetts (in 
this section referred to as the "City"), all right, title, and interest of 
the United States in and to the following parcels of real property: 
(1) A parcel consisting of approximately 12 acres, with 
improvements thereon, located at Clark's Point, New Bedford, 
Massachusetts, and comprising the New Bedford Army Reserve 
Center. 
(2) A parcel consisting of approximately 2,500 square feet, 
with improvements thereon, located at Clark's Point, New Bed-
ford, Massachusetts. 
(3) A utility easement and right of way appurtenant to the 
parcels referred to in paragraphs (1) and (2) running from 
Rodney French Boulevard (south). 
(b) CONSIDERATION.—(1) In consideration for the conveyance au-
thorized in subsection (a), the City shall— 
(A) accept the parcels to be conveyed under this section in 
their existing condition; 
(B) conduct any response actions with respect to the parcels 
that are necessary (as determined under the laws of the State of 
Massachusetts) to prevent the release or threat of release of any 
oil or hazardous material identified in and described as being 
located on the parcels in the "Phase One Limited Site Investiga-
tion United States Army Reserve Center Fort Rodman Parcel 5 
New Bedford, Massachusetts", dated May 1991, and prepared by 
Tibbetts Engineering Corporation; 
(C) agree to indemnify the United States for all costs of 
necessary response actions with respect to the parcels arising 
from the failure of the City to conduct any response action 
referred to in subparagraph (B); and 
(D) pay to the United States the amount, if any, by which the 
fair market value of the parcels on the date of the conveyance of 
the parcels (as determined in an appraisal satisfactory to the 
Secretary of the Army) exceeds the cost of the response actions 
referred to in subparagraph (B). 
(2) The cost of the appraisal referred to in paragraph (1)(D) shall 
be borne by the City. 
(3) In this subsection, the terms "response action", "release", 
"threat of release", "oil", and "heizardous material" shall have the 
meanings given such terms in section 2 of the Massachusetts Oil and 
Hazardous Material Release Prevention and Response Act (Mass. 
Gen. Laws Ann. ch. 21E, § 2 (West 1990)). 
(c) DESCRIPTION OF PROPERTY.—The exact acreeige and legal 
description of the parcels of real property conveyed under this 
section shall be determined by a survey satisfactory to the Secretary 
of the Army. The cost of the survey shall be borne by the City. 
(d) DISPOSITION OF PROCEEDS.—The Secretary of the Army shsQl 
deposit any amount received by the Secretary under subsection 
(b)(lXD) into the special account referred to in section 204(hX2) of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
485(hX2)). 
105 STAT. 1554 
PUBLIC LAW 102-190—DEC. 5, 1991 
(e) ENTRY ONTO PROPERTY.—Beginning on the date of the enact-
ment of this Act, the Secretary of the Army shall permit authorized 
representatives of the City to enter upon the parcels of real property 
referred to in subsection (a) for the purpose of preparing the parcels 
for the construction of a waste water treatment plant. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may require such additional terms and conditions in connec-
tion with the conveyances under this section as the Secretary 
determines appropriate to protect the interests of the United States. 
SEC. 2835. RELEASE OF REVERSIONARY INTEREST, BERRIEN COUNTY, 
MICHIGAN. 
(a) IN GENERAL.—The Secretary of the Navy shall release the 
reversionary interest of the United States to approximately 1.7 acres 
of real property conveyed by the quitclaim deed described in subsec-
tion (b). 
(b) DEED DESCRIPTION.—The deed referred to in subsection (a) is a 
quitclaim deed executed by the Secretary of the Navy, dated Feb-
ruary 25, 1936, which conveyed to the State of Michigan approxi-
mately 1.7 acres of land in Berrien County, Michigan, situated in 
section 23, township 4 south, range 19 west. 
(c) PROPERTY DESCRIPTION.—The exact acreage and legal descrip-
tion of the property that is subject to the reversionary interest to be 
released under this section shall be determined by surveys satisfac-
tory to the Secretary of the Navy. The cost of any survey shall be 
borne by the State of Michigan. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Navy may require any additional term or condition in connection 
with the conveyance under this section that the Secretary deter-
mines appropriate to protect the interests of the United States. 
(e) INSTRUMENT OF RELEASE.—The Secretary of the Navy shall 
execute and file in the appropriate office a deed of release, amended 
deed, or other appropriate instrument effectuating the release of the 
reversionary interest under this section. 
SEC. 2836. LAND CONVEYANCE, SANTA FE, NEW MEXICO. 
(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary 
of the Army may convey to the New Mexico State Armory Board (in 
this section referred to as the "Board") all right, title, and interest of 
the United States in and to the parcel of real property consisting of 
approximately 5 acres, including improvements on the parcel, lo-
cated at 2500 Cerrillos Road, Santa Fe, New Mexico, the location of 
a United States Army Reserve Center. 
0?) CONSIDERATION.—In consideration for the conveyance under 
subsection (a) of the parcels described in that subsection, the Board 
shall convey to the United States all right, title, and interest of the 
State of New Mexico in and to a parcel of real property consisting of 
approximately 13 acres located in Santa Fe County, New Mexico. 
(c) CONDITIONS OF CONVEYANCE.—The conveyance authorized by 
subsection (a) shall be subject to the following conditions: 
(1) That the Board design and construct on the property 
conveyed pursuant to subsection ft)) (on terms satisfactory to, 
and subject to the approval of, the Secretary of the Army) a 
facility suitable for use as a replacement for the United States 
Army Reserve Center referred to in subsection (a). 
(2) That the Board permit (on terms satisfactory to the Sec-
retary and the Board) units of the United States Army Reserve 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1555 
located in New Mexico to use, at no cost to the United States, 
Board facilities at the headquarters complex of the New Mexico 
National Guard, Seinta Fe, New Mexico, that are also being used 
by units of the New Mexico National Guard. 
(d) REVERSION.—If the Secretary of the Army determines at any 
time that the Board is not compljdng with the conditions specified in 
subsection (c), all right, title, and interest in and to the property 
conveyed pursuant to subsection (a), including improvements 
thereon, shall revert to the United States and the United States 
shall have the right of immediate entry thereon. 
(e) DESCRIPTION OF PROPERTY.—The exact acreages and legal 
descriptions of the parcels of real property to be conveyed under 
subsections (a) and (b) shall be determined by surveys that are 
satisfactory to the Secretary of the Army. The cost of such surveys 
shall be borne by the Board. 
(f) USE OF APPROPRIATED FUNDS.—The cost of designing and con-
structing the United States Army Reserve Center required under 
subsection (cXD shall be paid out of funds appropriated for the 
construction of such center in Public Law 101-148 (103 Stat. 920) or 
out of other funds appropriated for the Department of Defense for 
military construction and made available for such construction 
project. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of 
the 
Army may require any additional terms and conditions in connec-
tion with the conveyances under this section that the Secretary 
determines appropriate to protect the interests of the United States. 
SEC. 2837. REVISION OF LAND CONVEYANCE AUTHORITY, NAVAL RE-
SERVE CENTER, BURLINGTON, VERMONT. 
Section 2837(c) of the Military Construction Authorization Act for 
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1800) is 
amended— 
(1) in paragraph (IXA), by striking out "$1,500,000" and 
inserting in lieu thereof "$800,000"; and 
(2) in paragraph (2), by striking out "January 1, 1992" and 
inserting in lieu thereof January 1,1993". 
SEC. 2838. LEASE AND DEVELOPMENT OF CERTAIN REAL PROPERTY, 
NORFOLK, VIRGINIA. 
(a) IN GENERAL.—Subject to subsection (b), the Secretary of the 
Navy may lease to a private entity £dl or part of approximately 150 
acres of real property that is located at the Naval Base, Norfolk, 
Virginia, and known as the Willoughby site. The lease may be for 
such period as the Secretary determines to be in the interests of the 
United States. 
(b) CONSIDERATION.—(1) As consideration for the lease of real 
property under subsection (a), the lessee or lessees shall make 
available to the Secretary of the Navy such facilities or the use of 
such facilities, or both, as may be constructed or rehabilitated on the 
property by the lessee or lessees. The lessee or lessees shall be 
responsible for all costs of constructing, operating, maintaining, or 
repairing such facilities. The lease of the property shall be the only 
consideration required from the Secretary in exchange for obtaining 
or using such facilities. 
(2) The value of using or obtaining the facilities under paragraph 
(1), or both, shall be at least equal to the feiir market rental value of 
105 STAT. 1556 
PUBLIC LAW 102-190—DEC. 5, 1991 
the real property leased under subsection (a), as determined by the 
Secretary. 
(c) CONDITIONS.—(1) The Secretary of the Navy shall provide that 
any real property leased under this section be developed in consulta-
tion with the City of Norfolk, Virginia. 
(2) A lease may not be entered into under this section until 21 
days after the Secretary submits a plan for the development of the 
real property to be leased under subsection (a) to the Committees on 
Armed Services of the Senate and the House of Representatives, 
including a justification of how the plan is more advantageous to the 
United States than developing the real property with Federal funds. 
(3) Any lease under this section shall be awarded through publicly 
advertised, competitively bid, or competitively negotiated, contract-
ing procedures as provided under chapter 137 of title 10, United 
States Code. 
(4) The Secretary may require such additional terms and condi-
tions in connection with the leases authorized by this section as the 
Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 2839. LEASE AT HUNTERS POINT NAVAL SHIPYARD, SAN FRANCISCO, 
CALIFORNIA. 
Section 2824(a) of the Military Construction Authorization Act for 
Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1790) is 
amended by striking out "within one year after the date of the 
enactment of this Act," and inserting in lieu thereof "not later than 
November 5,1992,". 
SEC. 2840. LAND EXCHANGE, PEARL HARBOR, HAWAII. 
(a) AUTHORITY TO CONVEY.—Subject to subsection (b), the Sec-
retary of the Navy may convey to the City and County of Honolulu, 
Hawaii (in this section referred to as the City"), all right, title, and 
interest of the United States in and to a parcel of real property 
(including improvements on the property) consisting of approxi-
mately 43.8 acres in Pearl City, Oahu, Hawaii, and known as Navy 
Drum Storage Area. 
(b) CONSIDERATION.—In consideration for the conveyance au-
thorized by subsection (a), the City shall— 
(1) convey to the United States all right, title and interest to 
approximately 28.3 acres of real property on Waiawa peninsula, 
Oahu, Hawaii, known as the former Pearl City Sewage Treat-
ment Plant site, together with improvements on the site and 
associated roadway access and utility easements; 
(2) pay to the United States an amount equal to the estimate 
(determined by the Secretary of the Navy) of the cost to demol-
ish and dispose of sewage treatment plant improvements lo-
cated on the site; 
(3) pay to the United States an amount equal to the estimate 
(determined by the Secretary) of the cost to construct road 
access improvements to the site, including a replacement bridge 
across Waiawa Stream; and 
(4) in the event that the fair market value of the land and 
improvements conveyed by the Secretary under subsection (a) 
exceeds the sum of the amount of the fair market value of the 
land and improvements referred to in paragraph (1) and the 
amounts referred to in paragraphs (2) and (3), pay to the United 
States an amount equal to the excess. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1557 
(c) USE OF PROCEEDS.—(1) The Secretary of the Navy may use, to 
the extent provided in appropriation Acts, the amounts paid by the 
City under subsection (b)— 
(A) to carry out the demolition and disposal activities referred 
to in paragraph (2) of that subsection; and 
(B) to construct the road access improvements referred to in 
paragraph (3) of that subsection. 
(2) The Secretary shall deposit the unobligated balance of such 
amounts, if any, 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) ENVIRONMENTAL RESTORATION.—(1) The City shall undertake 
such studies and appraisals as are necessary (as determined by the 
Secretary of the Navy and the City) to identify the type and quantity 
of the hazardous substances, if any, that are located on the parcels 
of real property conveyed pursuant to subsections (a) and (bXD. The 
cost of any such studies and appraisals shall be borne by the City. 
(2) Upon the completion of the studies and appraisals referred to 
in paragraph (1), the City and the Secretary shall carry out any 
remedial actions with respect to the hazardous substances located 
on such parcels (as identified in such studies and appraisals) that 
are necessary to protect human health and the environment. The 
cost of any such remedial actions shall be borne— 
(A) by the Secretary, in the case of the parcel of real property 
conveyed pursuant to subsection (a); and 
(B) by the City, in the case of the parcel of real property 
conveyed pursuant to subsection (bXD. 
(3) The conveyances of real property authorized under subsections 
(a) and (bXl) may be completed in whole or in part before the 
completion of the remedial actions referred to in paragraph (2). The 
conveyance of a parcel of real property pursuant to this paragraph 
shall not relieve the Secretary or the City, as the case may be, from 
completing the remedial actions required for that property. 
(e) DESCRIPTION OF PROPERTY.—The exact acreages and legal 
descriptions of the parcels of real property to be conveyed pursuant 
to subsections (a) and (bXl) shall be determined by surveys that are 
satisfactory to the Secretary of the Navy. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of 
the 
Navy may require such additional terms and conditions in connec-
tion with the conveyances under this section as the Secretary 
determines appropriate to protect the interests of the United States. 
SEC. 2841. LAND CONVEYANCE, NEW LONDON, CONNECTICUT. 
(a) CONVEYANCE AUTHORIZED.—Subject to subsection (b), the Sec-
retary of the Navy may convey to the State of Connecticut the 
following: 
(1) All right, title, and interest of the United States in and to a 
parcel of real property, including improvements thereon, lo-
cated adjacent to the State Pier, New London, Connecticut. 
(2) The leasehold interest of the United States in and to a 
parcel of real property on the State Pier, including improve-
ments thereon, located adjacent to the parcel referred to in 
paragraph (1). 
(b) CONDITIONS OF CONVEYANCE.—The conveyances authorized 
under subsection (a) shall be subject to the following conditions: 
(1) The State of Connecticut may not require that the Depart-
ment of the Navy— 
105 STAT. 1558 
PUBLIC LAW 102-190—DEC. 5, 1991 
(A) pay the cost of any improvements made to the parcels 
of property referred to in subsection (a) after the date of the 
enactment of this Act; 
(B) except as provided in paragraph (3), restore the por-
tion of the State Pier subject to the leasehold interest 
referred to in subsection (a)(2) to its original condition; or 
(C) pay to the State of Connecticut any amount of rent for 
the parcel referred to in subsection (a)(2) under the lease 
referred to in that subsection after the date of the enact-
ment of the Act. 
(2) The Department of the Navy shall pay for all costs associ-
ated with the removal of equipment of the Department from the 
parcels referred to in subsection (a) if such removal is agreed to 
by the Secretary and the State of Connecticut. 
(3) The Department of the Navy shall be responsible for any 
environmental restoration of the parcel of the State Pier subject 
to the leasehold interest referred to in subsection (aX2) that is 
necessary (as determined by the Secretary) as a result of the 
lease of the parcel by the Department of the Navy. 
(4) In the event that the fair market value (as determined by 
the Secretary) of the parcel of real property and the leasehold 
interest conveyed under subsection (a) exceeds the fair market 
value (as so determined) of any obligations of the United States 
to the State of Connecticut that are released by the State of 
Connecticut by reason of paragraphs (1) through (3), the State of 
Connecticut shall pay the United States the amount of such 
excess. 
(c) PROCEEDS.—Any funds paid to the United States under subsec-
tion (b)(4) shall be deposited into the special account established by 
section 204(h) of the Federal Property £ind Administrative Services 
Act of 1949 (40 U.S.C. 485(h)). 
(d) DESCRIPTION OF PROPERTY.—The exact acreages and legal 
descriptions of the parcels of real property subject to the convey-
ances referred to in subsection (a) shall be determined by surveys 
satisfactory to the Secretary of the Navy. The cost of the surveys 
shall be borne by the State of Connecticut. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of 
the 
Navy may require such additional terms and conditions in connec-
tion with the conveyances under this section as the Secretary 
determines appropriate to protect the interests of the United States. 
PART D—PROHIBITION ON CERTAIN CONSTRUCTION 
Spain. 
SEC. 2851. PROHIBITION ON CONSTRUCTION AT CROTONE, ITALY. 
None of the funds available to the Department of Defense, includ-
ing contributions for the North Atlantic Treaty Organization Infra-
structure program pursuant to section 2806 of title 10, United States 
Code, may be obligated in connection with relocating functions of 
the Department of Defense located at Torrejon Air Force Base, 
Madrid, Spain, on June 15,1989, to Crotone, Italy. 
SEC. 2852. RESTRICTION ON CERTAIN DEVELOPMENT AT FORT HUNTER 
LIGGETT, CALIFORNIA. 
(a) RESTRICTION ON DEVELOPMENT.—Subject to subsection (c), the 
Secretary of the Army shall prohibit above-ground construction on 
the real property described in subsection (b) to the extent that the 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1559 
Secretary determines necessary for maintaining a viewshed buffer 
area for the Mission San Antonio de Padua. 
(b) APPUCABIUTY.—Subsection (a) applies to real property (consist-
ing of approximately 339.86 acres) under the jurisdiction of the 
Secretary that is within the parcel of real property designated as 
Parcel A on the December 1990 record of survey that— 
(1) is recorded with the County of Monterey, California, for 
Monterey County map location number 5562, Rancho Milpitas, 
Fort Hunter Liggett, County of Monterey, California; 
(2) shows the restricted building zone at Mission San Antonio 
de Padua; and 
(3) shows the exterior boundaries of the Mission San Antonio 
de Padua appearing on the August 1919 map of resurvey of the 
Mission prepared by H. F. Cozzens and William Davies. 
(c) EXCEPTION.—The prohibition in subsection (a) shall not apply 
in the CEise of any construction for the maintenance or protection of 
any improvements to real property that are eligible for inclusion on 
the National Register of Historic Places. 
(d) OTHER USE.—The Secretary may permit the use of the property 
to which the prohibition in subsection (a) applies for any purpose 
that is consistent with the prohibition set out in that subsection, 
including use for access, training, recreation, grazing, forestry, and 
fire control. 
H.F. Cozzens. 
William Davies. 
PART E—MISCELLANEOUS 
SEC. 2861. REVIEW OF ASSETS OF THE RESOLUTION TRUST CORPORA-
TION BEFORE ACQUISITION OF OPTIONS ON REAL PROP-
ERTY. 
Section 2677 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
"(cXl) Before acquiring an option on real property under subsec-
tion (a), the Secretary of a military department shall review the 
most recent inventory of real property assets published by the 
Resolution Trust Corporation under section 21A03X12XF) of the 
Federal Home Loan Bank Act (12 U.S.C. 1441a(bX12XF)) and deter-
mine whether any real property listed in the inventory is suitable 
for use by the military department for the purposes for which the 
real property is sought. 
"(2) The requirement for the review referred to in paragraph (1) 
shall terminate on September 30,1996.". 
SEC. 2862. CLARIFICATION OF THE AUTHORITY OF THE SECRETARIES OF 
THE MILITARY DEPARTMENTS TO LEASE NONEXCESS 
PROPERTY. 
(a) LEASE CONDITIONS.—Subsection (b) of section 2667 of title 10, 
United States Code, is amended— 
(1) in paragraph (3)— 
(A) by striking out "must" and inserting in lieu thereof 
"shall"; and 
(B) by striking out "and" at the end of that paragraph; 
(2) by redesignating paragraph (4) as paragraph (5); 
(3) by inserting after paragraph (3) the following new para-
graph: 
"(4) shall provide for the pajrment (in cash or in kind) by the 
lessee of consideration in an amount that is not less than the 
Termination 
date. 
105 STAT. 1560 
PUBLIC LAW 102-190—DEC. 5, 1991 
fair market value of the lease interest, as determined by the 
Secretary; and"; and 
(4) in p a r ^ a p h (5) (as redesignated by paragraph (2))— 
(A) by inserting "improvement," before "maintenance"; 
and 
(B) by inserting "the payment o f before "part or all", 
(b) TECHNICAL AMENDMENT.—Subsection (dX3) of such section is 
amended— 
(1) by striking out subparagraph (A); 
(2) by striking out "(B) As part of the request for authoriza-
tions of appropriations to such Committees for each fiscal year 
after fiscal year 1992" and inserting in lieu thereof the follow-
ing: "As part of the request for authorizations of appropriations 
submitted to the Committees on Armed Services of the Senate 
and House of Representatives for each fiscal year"; and 
(3) by redesignating clauses (i) and (ii) as subparagraphs (A) 
and (B), respectively. 
SEC. 2863. TEST PROGRAM OF LEASES OF REAL PROPERTY FOR ACTIVI-
TIES RELATED TO SPECIAL FORCES OPERATIONS. 
(a) AUTHORITY TO LEASE.—(1) Chapter 159 of title 10, United 
States Code, is simended by inserting after section 2679 the following 
new section: 
"§ 2680. Leases: land for special operations activities 
"(a) AUTHORITY TO ACQUIRE LEASEHOLDS.—The Secretary of De-
fense may acquire a leasehold interest in real property if the 
Secretary determines that the acquisition of such interest is nec-
essary in the interests of national security to facilitate special 
operations activities of forces of the special operations command 
established pursuant to section 167 of this title. 
"(b) LIMITATIONS ON AUTHORITY.—(1) The Secretary may not ac-
quire a leasehold interest in any real property under subsection (a) 
if the estimated annual rental cost of that real property exceeds 
$500,000. 
"(2) The Secretary may not acquire more than five leasehold 
interests in real property under subsection (a) during a fiscal year. 
"(3) The term of a leasehold interest acquired under this section 
shall not exceed one year. 
"(c) CONSTRUCTION OR MODIFICATION OF FACIUTY ON LEASEHOLD.— 
The Secretary may provide in a lease entered into under this section 
for the construction or modification of any facility on the leased 
property in order to facilitate the activities referred to in subsection 
(a). The total cost of the construction or modification of such facility 
may not exceed $750,000 in any fiscal year. 
(d) EXPIRATION OF AUTHORITY.—The authority of the Secretary of 
Defense to acquire a leasehold interest in real property under this 
section shall expire on September 30, 1993. The expiration of that 
authority shall not affect the validity of any contract entered into 
under this section on or before that date.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2679 the 
following new item: 
"2680. Leases: land for special operations activities.". 
10 use 2680 
(b) REPORTING REQUIREMENT.—Not later than March 1, 1993, and 
"°*®- 
March 1,1994, the Secretary of Defense shall submit to the Commit-
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1561 
tees on Armed Services of the Senate and the House of Representa-
tives a report that— 
"(1) identifies each leasehold interest acquired during the 
previous fiscal year by the Secretary under subsection (a) of 
section 2680 of title 10, United States Code, EIS added by subsec-
tion (a); and 
"(2) contains a discussion of each project for the construction 
or modification of facilities carried out pursuant to subsection 
(c) of such section during such fiscal year. 
SEC. 2864. LAW ENFORCEMENT AUTHORITY ON THE PENTAGON RES-
ERVATION. 
Section 2674(bX2) of title 10, United States Code, is amended to 
read as follows: 
"(2) shall have the same powers (other than the service of civil 
process) as sheriffs and constables upon the property referred to 
in the first sentence to enforce the laws enacted for the protec-
tion of persons and property, to prevent breaches of the peace 
and suppress affrays or unlawful assemblies, and to enforce any 
rules or regulations with respect to such property prescribed by 
duly authorized officials.". 
SEC. 2865. REPAIR OF DAMAGES AT MCCONNELL AIR FORCE BASE 
CAUSED BY TORNADOES. 
(a) FINDINGS.—Congress finds the following: 
(1) On April 26, 1991, tornadoes caused extensive damage to 
McConnell Air Force Base in Wichita, Kansas. 
(2) The immediate repair of the damage caused by the torna-
does is necessary to return this important military installation 
to its highest state of readiness and to provide the military 
personnel and their families stationed at this installation the 
necessary support facilities to assure an appropriate standard of 
living. 
db) REPAIR REQUIRED.—Pursuant to the authority of the Secretary 
of the Air Force to restore or replace damaged or destroyed facilities 
under section 2854 of title 10, United States Code, the Secretary 
shall expeditiously repair the damage to McConnell Air Force Base 
in Wichita, Kansas, caused by the devastating tornadoes on April 26, 
1991. 
SEC. 2866. STUDY OF THE NEED FOR THE CONSTRUCTION OF TORNADO 
SHELTERS. 
Not later than April 15, 1992, the Secretary of Defense shall 
submit to the congressional defense committees a report regarding 
the advisability of constructing tornado shelters at military installa-
tions located in areas where tornadoes frequently occur. If the 
Secretary determines that the construction of shelters is advisable, 
the report shall contain a proposed schedule for the construction of 
such shelters. 
SEC. 2867. REPORT ON REPLACEMENT BRIDGE NEAR THE NAVY HOME-
PORT AT PASCAGOULA, MISSISSIPPI. 
Not later than January 15, 1992, the Secretary of the Navy shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report describing the status of the 
planning and design of a replacement bridge on Highway 90 near 
the Navy homeport at Pascagoula, Mississippi. 
Kansas. 
Reports. 
105 STAT. 1562 
PUBLIC LAW 102-190—DEC. 5, 1991 
10 u s e 2802 
SEC. 2868. REPORTS RELATING TO MILITARY CONSTRUCTION FOR 
note. 
FACILITIES SUPPORTING NEW WEAPON SYSTEMS. 
(a) REQUIREMENT.—The Secretary of Defense shall submit to Con-
gress with the budget submitted under section 1105 of title 31, 
United States Code, for the fiscal year in which the first construc-
tion of a facility for the permanent basing of a new weapon system is 
to be authorized a report describing— 
(1) the site or sites selected or planned for permanent basing 
of the planned force of that weapon system; 
(2) the rationale for selecting such site or sites; and 
(3) the military construction activities proposed for each such 
site. 
0?) NEW WEAPON SYSTEM DEFINED.—For purposes of this section, 
the term "new weapon system" means any military aircrsrft or 
major naval combatant vessel for which a complete permanent 
basing plan has not been publicly announced before the date of the 
enactment of this Act. 
SEC. 2869. INITIATION OF CONSTRUCTION OF PHOENIX, ARIZONA, AND 
VICINITY (STAGE 2) FLOOD CONTROL. 
(a) IN GENERAL.—With funds appropriated for fiscal year 1992 by 
the Energy and Water Development Appropriations Act, 1992 
(Public Law 102-104) for construction water projects, the Secretary 
of the Army is directed, with respect to the Phoenix, Arizona, and 
vicinity (Stage 2) flood control project, to initiate construction to 
cover the Arizona Canal Diversion Channel— 
(1) for approximately 150 linear feet east of Central Avenue in 
Phoenix; 
(2) for 1,760 feet west from 32nd Street to the property line of 
the Arizona Biltmore in Phoenix; and 
(3) from 1,250 east of 32nd Street to the Cudia City Wash 
Spillway in Paradise Valley. 
(b) COST SHARING.—The Federal share of the cost of construction 
under subsection (a) shall be 90 percent, and the non-Federal share 
of such cost shall be provided by the city of Phoenix and the town of 
Paradise Valley, Arizona, for the portions of such construction 
which are in such city and town, respectively. 
(c) EXPEDITED CONSTRUCTION.—The Secretary is directed to take 
all appropriate steps to expedite construction under subsection (a). 
(d) TERMS AND CONDITIONS.—Except as provided in subsection (b), 
the construction under subsection (a) shall be carried out under the 
terms and conditions set forth in the agreement dated July 21, 1977, 
and executed in accordance with section 221 of the Flood Control 
Act of 1970 (Public Law 91-611) between the Maricopa County Flood 
Control District and the Secretary of the Army with respect to the 
project referred to in subsection (a). 
(e) TERMINATION OF AUTHORITY.—The authorization in this section 
shall expire on September 30,1993. 
SEC. 2870. TECHNICAL AMENDMENTS. 
Title 10, United States Code, is amended as follows: 
(1) Section 2676(d) is amended in the second sentence— 
(A) by striking out "(1)"; and 
i 
(B) by striking out ", or (2)" and all that follows through 
"increased cost'. 
(2) Section 2803(b) is amended in the third sentence by strik-
ing out ", or after" and all that follows "that period". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1563 
(3) Section 280403) is amended in the third sentence by strik-
ing out ", or after" and all that follows through "that period". 
(4) Section 28050)X2) is amended in the second sentence— 
(A) by striking out "(A)"; and 
(B) by striking out ", or (B)" and all that follows through 
"that period". 
(5) Section 2806(cX2XB) is amended— 
(A) by striking out "after either" and inserting in lieu 
thereof "after"; and 
(B) by striking out "or after each" and all that follows 
through "increased contribution". 
(6) Section 2807(cX2) is amended— 
(A) by striking out "either"; and 
(B) by striking out "or after each" and all that follows 
through "level of activity". 
(7) Section 28540>) is amended in the second sentence— 
(A) by striking out "(1)"; and 
(B) by striking ", or (2)" and all that follows through 
"that period". 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL SECURITY AUTHORIZATIONS 
AND OTHER 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 1992 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, $4,075,800,000 to be allocated as 
follows: 
(A) For research and development, $1,182,600,000. 
(B) For weapons testing, $457,500,000. 
(C) For production and surveillance, $2,273,950,000. 
(D) For program direction, $161,750,000. 
(2) For defense nuclear materials production, $1,464,312,000, 
to be allocated as follows: 
(A) For production reactor operations, $584,418,000. 
(B) For processing of defense nuclear materials, including 
naval reactors fuel, $531,217,000. 
(C) For supporting services, $305,433,000. 
(D) For program direction, $43,244,000. 
(3) For verification and control technology, $209,900,000. 
(4) For nuclear materials safeguards and security technology 
development program, $88,731,000. 
(5) For security investigations, $62,600,000. 
(6) For Office of Security evaluations, $15,000,000. 
105 STAT. 1564 
PUBLIC LAW 102-190—DEC. 5, 1991 
(7) For new production reactors, $142,835,000. 
(8) For naval reactors, $723,400,000, to be allocated as follows: 
(A) For plant development, $93,000,000. 
(B) For reactor development, $285,997,000. 
(C) For reactor operation and evaluation, $205,600,000. 
(D) For program direction, $15,963,000. 
(E) For enriched material, operating, $122,840,000. 
(9) For 
education, 
training, 
and 
technology 
transfer, 
$49,900,000, including the following: 
(A) For worker protection training, $10,000,000. 
(B) For scholarship and fellowship programs, $1,000,000. 
(C) For the Hanford 
health information 
network, 
$1,554,000. 
(D) For site specific health assessments, $8,000,000. 
SEC. 3102. PLANT AND CAPITAL EQUIPMENT. 
Funds are authorized to be appropriated to the Department of 
Energy for fiscal year 1992 for plant and capital equipment (includ-
ing maintenance, restoration, planning, construction, acquisition, 
modification of facilities, and the continuation of projects authorized 
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, $28,800,000. 
Project GPD-121, general plant projects, various loca-
tions, $34,700,000. 
Project 92-D-102, nuclear weapons research, develop-
ment, and testing facilities revitalization. Phase IV, various 
locations, $6,600,000. 
Project 92-D-122, health physics/environmented projects. 
Rocky Flats Plant, Golden, Colorado, $7,200,000. 
Project 92-D-123, plant fire/security alarm systems 
replacement. 
Rocky 
Flats 
Plant, 
Golden, 
Colorado, 
$5,200,000. 
Project 92-D-125, master safeguards and security agree-
ment/materials surveillance task force security upgrades. 
Rocky Flats Plant, Golden, Colorado, $3,500,000. 
Project 92-D-126, replace emergency notification sys-
tems, various locations, $4,200,000. 
Project 91-D-126, health physics calibration facility. 
Mound Plant, Miamisburg, Ohio, $4,000,000. 
Project 90-D-102, nuclear weapons research, develop-
ment, and testing facilities revitalization. Phase III, various 
locations, $34,100,000. 
Project 90-D-124, high explosives (HE) synthesis facility, 
Pantex Plant, Amarillo, Texas, $12,927,000. 
Project 90-D-126, environmental, safety, and health 
enhancements, various locations, $1,428,000. 
Project 88-D-104, safeguards and security upgrade, 
Phase II, Los Alamos National Laboratory, New Mexico, 
$1,515,000. 
Project 88-D-106, nuclear weapons research, develop-
ment, and testing facilities revitalization, Phase II, various 
locations, $53,608,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1565 
Project 88-D-122, facilities capability assurance program, 
various locations, $47,473,000. 
Project 88-D-123, security enhancements, Pantex Plant, 
Amarillo, Texas, $30,000,000. 
Project 87-D-104, safeguards and security enhancement 
II, Lawrence Livermore National Laboratory, California, 
$5,300,000. 
Project 85-D-105, combined device assembly facility, 
Nevada Test Site, Nevada, $12,027,000. 
Project 85-D-121, air and water pollution control facili-
ties, Y-12 Plant, Oak Ridge, Tennessee, $3,000,000. 
(2) For materials production: 
Project GPD-146, general plant projects, various loca-
tions, $40,000,000. 
Project 92-D-140, F and H canyon exhaust upgrades. 
Savannah River, South Carolina, $12,000,000. 
Project 92-D-141, reactor seismic improvement. Savan-
nah River, South Carolina, $14,200,000. 
Project 92-D-142, nuclear material processing training 
center. Savannah River, South Carolina, $2,500,000. 
Project 92-D-143, health protection instrument calibra-
tion facility. Savannah River, South Carolina, $2,000,000. 
Project 92-D-150, operations support facilities, Savannah 
River, South Carolina, $3,000,000. 
Project 92-D-151, plant maintenance and improvements, 
Phase I, Savannah River, South Carolina, $4,060,000. 
Project 92-D-153, engineering support facility. Savannah 
River, South Carolina, $8,017,000. 
Project 91-D-143, increase 751-A electrical substation 
capacity. Phase I, Savannah 
River, South 
Carolina, 
$2,614,000. 
Project 90-D-141, Idaho chemical processing plant fire 
protection, Idaho Nationsd Engineering Laboratory, Idaho, 
$12,000,000. 
Project 90-D-149, plantwide fire protection. Phases I and 
II, Savannah River, South Carolina, $39,000,000. 
Project 90-D-150, reactor safety assurance. Phases I, II, 
and III, Savannah River, South Carolina, $14,530,000. 
Project 90-D-151, engineering center. Savannah River, 
South Carolina, $105,000. 
Project 89-D-140, additional separations safeguards. 
Savannah River, South Carolina, $28,150,000. 
Project 89-D-148, improved reactor confinement system. 
Savannah River, South Carolma, $12,121,000. 
Project 88-D-153, additional reactor safeguards. Savan-
nah River, South Carolina, $6,528,000. 
Project 86-D-149, productivity retention program. Phases 
I, II, III, rV, V, and VI, various locations, $36,865,000. 
Project 85-D-139, fuel processing restoration, Idaho Fuels 
Processing Facility, Idaho National Engineering Labora-
tory, Idaho, $82,700,000. 
(3) For verification and control technology: 
Project 90-D-186, center for national security and arms 
control, Sandia National Laboratories, Albuquerque, New 
Mexico, $10,000,000. 
(4) For nuclear materials safeguards and security: 
105 STAT. 1566 
PUBLIC LAW 102-190—DEC. 5, 1991 
Project GPD-186, general plant projects, Central Train-
ing Academy, Albuquerque, New Mexico, $2,000,000. 
(5) For new production reactors: 
Project 92-D-300, new production reactor capacity, var-
ious locations, $359,465,000. 
Project 92-D-301, new production reactor (NPR) safety 
center, Los Alamos National Laboratory, New Mexico, 
$2,000,000. 
(6) For naval reactors development: 
Project GPN-101, general plant projects, various loca-
tions, $8,500,000. 
Project 92-D-200, laboratories facilities upgrades, various 
locations, $4,900,000. 
Project 90-N-102, expended core facility dry cell project. 
Naval Reactors Facility, Idaho, $15,000,000. 
Project 90-N-103, advanced test reactor off-gas treatment 
system, Idaho National Engineering Laboratory, Idaho, 
$2,800,000. 
Project 90-N-104, facilities renovation. Knolls Atomic 
Power Laboratory, Niskajoina, New York, $5,000,000. 
(7) For capital equipment not related to construction: 
(A) For weapons activities, $252,050,000. 
(B) For materials production, $92,198,000. 
(C) For verification and control technology, $10,100,000. 
(D) For nuclear safeguards and security, $5,269,000. 
(E) For new production reactors, $11,200,000. 
(F) For naval reactors development, $58,400,000. 
SEC. 3103. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT. 
(a) AUTHORIZATION.—Funds are authorized to be appropriated to 
the Department of Energy for fiscal year 1992 for carrying out the 
environmental restoration and waste management programs nec-
essary for national security programs as follows: 
(1) For operating expenses, $3,177,142,000, to be allocated as 
follows: 
(A) For corrective activities—environment, $27,689,000. 
(B) 
For 
corrective 
activities—defense 
programs, 
$33,518,000. 
(C) For environmental restoration, $1,074,392,000. 
(D) For waste management, $1,723,796,000. 
(E) For technology development, $274,778,000. 
(F) For transportation management, $18,220,000. 
(G) For program direction, $24,749,000. 
(2) For plant projects: 
Project GPD-171, general plant projects, various loca-
tions, $88,027,000. 
Project 92-D-171, mixed waste receiving and storage, Los 
Alamos National Laboratory, Los Alamos, New Mexico, 
$6,640,000. 
Project 
92-D-172, hazardous 
waste treatment 
£uid 
processing 
facility, 
Pantex 
Plant, 
Amarillo, 
Texas, 
$2,400,000. 
Project 92-D-173, NOx abatement facility, Idaho Chemi-
cal Processing Plant, Idaho National Engineering Labora-
tonr, Idaho, $7,000,000. 
Project 92-D-174, sanitary landfill, Idaho National 
Engineering Laboratory, Idaho, $10,000,000. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1567 
Project 92-D-176, B plant safety class ventilation up-
grades, Richland, Washington, $4,400,000. 
Project 92-D-177, tank 101-AZ waste retrieval system, 
Richland, Washington, $5,800,000. 
Project 92-D-180, inter-area line upgrade, Savannah 
River, South Carolina, $2,100,000. 
Project 92-D-181, fire and life safety improvements, 
Idaho National Engineering Laboratory, Idaho, $3,000,000. 
Project 92-D-182, sewer system upgrade, Idaho National 
Engineering Laboratory, Idaho, $2,100,000. 
Project 92-D-183, transportation complex, Idaho Na-
tional Engineering Laboratory, Idaho, $895,000. 
Project 92-D-184, Hanford infrastructure underground 
storage tanks, Richland, Washington, $300,000. 
Project 92-D-185, road, ground, and lighting safety 
improvements, 300/1100 areas, Richland, 
Washington, 
$800,000. 
Project 92-D-186, steam system rehabilitation, Phase II, 
Richland, Washington, $400,000. 
Project 92-D-187, 300 area electrical distribution, conver-
sion, and safety 
improvements. Phase II, Richland, 
Washington, $1,100,000. 
Project 92-D-402, sanitary sewer system rehabilitation, 
Lawrence Livermore 
National Laboratory, 
California, 
$3,000,000. 
Project 92-D-403, tank upgrades project, Lawrence Liver-
more National Laboratory, California, $3,500,000. 
Project 91-D-171, waste receiving and processing facility 
module 1, Richland, Washington, $7,400,000. 
Project 91-D-172, high-level waste tank farm replace-
ment, Idaho Chemical Processing Plant, Idaho National 
Engineering Laboratory, Idaho, $30,000,000. 
Project 91-D-173, hazardous low-level waste processing 
tanks. Savannah River, South Carolina, $10,100,000. 
Project 91-D-175, 300 area electrical distribution, conver-
sion, and safety improvements. Phase I, Richland, Washing-
ton, $4,419,000. 
Project 91-E-lOO, environmental and molecular sciences 
laboratory, Richland, Washington, $17,100,000. 
Project 90-D-125, steam ash disposal facility, Y-12 Plant, 
Oak Ridge, Tennessee, $8,122,000. 
Project 
90-D-126, environment, safety, and 
health 
improvements, various locations, $7,419,000. 
Project 90-D-171, laboratory ventilation and electrical 
system upgrade, Richland, Washington, $1,116,000. 
Project 90-D-172, aging waste transfer lines, Richland, 
Washington, $6,000,000. 
Project 90-D-173, B plant canyon crane replacement, 
Richland, Washington, $5,800,000. 
Project 90-D-174, decontamination laundry facility, Rich-
land, Washington, $3,700,000. 
Project 90-D-175, landlord program safety compliance-I, 
Richland, Washington, $8,840,000. 
Project 90-D-176, transuranic (TRU) waste facility. 
Savannah River, South Carolina, $5,500,000. 
105 STAT. 1568 
PUBLIC LAW 102-190—DEC. 5, 1991 
Project 90-D-177, RWMC transuranic (TRU) waste treat-
ment and storage facility, Idaho National Engineering Lab-
oratory, Idaho, $25,000,000. 
Project 90-D-178, TSA retrieval containment building, 
Idaho National Engineering Laboratory, Idaho, $4,490,000. 
Project 89-D-122, production waste storage facilities, Y-
12 Plant, Oak Ridge, Tennessee, $9,238,000. 
Project 89-D-126, environment, safety, and health up-
grade. Phase II, Mound Plant, Miamisburg, Ohio, $41,000. 
Project 89-D-141, M-area waste disposal. Savannah 
River, South Carolina, $4,170,000. 
Project 89-D-172, Hanford environmental compliance, 
Richland, Washington, $27,700,000. 
Project 89-D-173, tank farm ventilation upgrade, Rich-
land, Washington, $4,231,000. 
Project 89-D-174, replacement high-level waste evapo-
rator. Savannah River, South Carolina, $14,145,000. 
Project 89-D-175, hazardous waste/mixed waste disposal 
facility. Savannah River, South Carolina, $4,330,000. 
Project 88-D-102, sanitary wastewater systems consolida-
tion, Los Alamos National Laboratory, Los Alamos, New 
Mexico, $1,546,000. 
Project 88-D-173, Hanford waste vitrification plant, Rich-
land, Washington, $79,200,000. 
Project 87-D-181, diversion box and pump pit contain-
ment 
buildings. 
Savannah 
River, 
South 
Carolina, 
$4,697,000. 
Project 86-D-103, decontamination and waste technology, 
Lawrence Livermore National Laboratory, 
Livermore, 
California, $5,060,000. 
Project 
83-D-148, 
nonradioactive 
hazardous 
waste 
management. Savannah River, South Carolina, $9,100,000. 
(3) For capital equipment, $121,832,000, to be allocated as 
follows: 
(A) For corrective activities—environment, $1,249,000. 
(B) 
For 
corrective 
activities—defense 
programs, 
' 
$6,520,000. 
(C) For waste management, $95,913,000. 
(D) For technology development, $17,500,000. 
(E) For transportation management, $650,000. 
(b) OTHER AUTHORIZATION.—From funds authorized to be appro-
priated pursuant to subsection (a) to the Department of Energy for 
environmental restoration and waste management activities, the 
Secretary of Energy may reimburse the cities of Westminster, 
Broomfield, Thornton, and Northglen in the State of Colorado 
$10,000,000 for the cost of implementing water management pro-
grams. Such reimbursement shall not be considered a major Federal 
action for purposes of section 102(2) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)). 
SEC. 3104. FUNDING LIMITATIONS. 
(a) INERTIAL CONFINEMENT FUSION.—Of the funds appropriated to 
the Department of Energy for fiscal year 1992 for operating ex-
penses and plant and capital equipment, $197,000,000 shall be avail-
able for the defense inertial confinement fusion program. 
(b) W-79 PROJECTILE MODIFICATION.—None of the funds appro-
priated or otherwise made available for the Department of Energy 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1569 
for fiscal year 1992 may be obligated for the modification of the W-
79 atomic fired artillery projectile. 
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 of— 
(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 not be taken until— Reports. 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report containing a full and com-
plete statement of the action proposed to be taken and the facts 
and circumstances relied upon in support of such proposed 
action; and 
(B) a period of 30 days has elapsed after the date on which the 
report is received by the committees. 
(3) In the computation of the 30-day period under paragraph (2), 
there shall be excluded each day on which either House of Congress 
is not in session because of an adjournment of more than three 
calendar days to a day certain. 
(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. 
Ob) 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 to 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 parsigraph (2), construc-
tion on a construction project may not be started or additional 
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 of— 
(A) the amount authorized for the project; or 
105 STAT. 1570 
PUBLIC LAW 102-190—DEC. 5, 1991 
(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 if— 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the 
circumstances making such actions necessary; and 
(B) a period of 30 days has elapsed after the date on which the 
report is received by the committees. 
(3) In the computation of the 30-day period under paragraph (2), 
there shall be excluded each day on which either House of Congress 
is not in session because of an adjournment of more than three 
calendar days to a day certain. 
(h) 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. 
(b) 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 1992 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 the 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 design (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 the case of any project in which the total estimated cost for 
such planning and design exceeds $300,000, the Secretary shall 
notify the congressional defense committees in writing of the details 
of such project at least 30 days before any funds are obligated for 
design services for such project. 
0?) 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. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1571 
SEC. 3126. AUTHORITY 
FOR EMERGENCY 
PLANNING, 
DESIGN, 
AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—In addition to the funds authorized to be appro-
priated for advance planning and construction design under sections 
3102 and 3103, the Secretary of Energy may use any other funds 
available to the Department of Energy in order to perform planning, 
design, and construction activities for any Department of Energy 
defense activity construction project that, as determined by the 
Secretary, must proceed expeditiously in order to meet the needs of 
national defense or to protect property or human life. 
0?) LIMITATION.—(1) The Secretary may not exercise the authority Reports. 
under subsection (a) in the case of any construction project until— 
(A) the Secretary has submitted to the congressional defense 
committees a report on the activities that the Secretary intends 
to carry out with funds under such authority and the cir-
cumstances making such activities necessary; and 
(B) a period of 30 days has elapsed after the date on which the 
report is received by the committees. 
(2) In the computation of the 30-day period, there shall be ex-
cluded each day on which either House of Congress is not in session 
because of an adjournment of more than three calendar days to a 
day certain. 
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. WORKER PROTECTION AT NUCLEAR WEAPONS FACILITIES. 
(a) TRAINING GRANT PROGRAM.—(1) The Secretary of Energy is 
authorized to award grants to organizations referred to in para-
graph (2) in order for such organizations— 
(A) to provide training and education to persons who are or 
may be engaged in hazardous substance response or emergency 
response at Department of Energy nuclear weapons facilities; 
and 
(B) to develop curricula for such training and education. 
(2XA) Subject to subparagraph (B), the Secretary is authorized to 
award grants under paragraph (1) to non-profit organizations that 
have demonstrated (as determined by the Secretary) capabilities 
in— 
(i) implementing and conducting effective training and edu-
cation programs relating to the general health and safety of 
workers; and 
(ii) identifying, and involving in training, groups of workers 
whose duties include hazardous substance response or emer-
gency response. 
42 use 7274d. 
105 STAT. 1572 
PUBLIC LAW 102-190—DEC. 5, 1991 
(B) The Secretary shall give preference in the award of grants 
under this section to employee organizations and joint labor-
management training programs that are grant recipients under 
section 126(g) of the Superfund Amendments and Reauthorization 
Act of 1986 (42 U.S.C. 9660a). 
(3) An organization awarded a grant under paragraph (1) shall 
carry out training, education, or curricula development pursuant to 
Department of Energy orders relating to employee safety training, 
including orders numbered 5480.4 and 5480.11. 
(b) ENFORCEMENT OF EMPLOYEE SAFETY STANDARDS.—(1) Subject to 
paragraph (2), the Secretary shall assess civil penalties against any 
contractor of the Department of Energy who (as determined by the 
Secretary)— 
(A) employs individuals who are engaged in hazardous sub-
stance response or emergency response at Department of 
Energy nuclear weapons facilities; and 
(B) fails (i) to provide for the training of such individuals to 
carry out such hazardous substance response or emergency 
response, or (ii) to certify to the Department of Energy that such 
employees are adequately trained for such response pursuant to 
orders issued by the Department of Energy relating to employee 
safety training (including orders numbered 5480.4 and 5480.11). 
(2) Civil penalties assessed under this subsection may not exceed 
$5,000 for each day in which a failure referred to in paragraph (IXB) 
occurs. 
(c) REGULATIONS.—The Secretary shall prescribe regulations to 
carry out this section. 
(d) DEFINITIONS.—For the purposes of this section, the term 
"hazardous substance" includes radioactive waste and mixed radio-
active and hazardous waste. 
(e) FUNDING.—Of the funds authorized to be appropriated pursu-
ant to section 3101(9XA), $10,000,000 may be used for the purpose of 
carrying out this section. 
42 u s e 7274e. 
SEC. 3132. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR ENVIRON-
MENTAL RESTORATION AND WASTE MANAGEMENT. 
(a) EsTABUSHMENT.—The Secretary of Energy shall conduct a 
scholarship and fellowship program for the purpose of enabling 
individuals to qualify for employment in environmental restoration 
and waste management positions in the Department of Energy. 
(b) EuGiBiLTTY.—To be eligible to participate in the scholarship 
and fellowship program, an individual must— 
(1) be accepted for enrollment or be currently enrolled as a 
full-time student at an institution of higher education (as de-
fined in section 1201(a) of the Higher Education Act of 1965 (20 
U.S.C. 1141(a)); 
(2) be pursuing a program of education that leads to an 
appropriate higher education degree in a qualifying field of 
study, as determined by the Secretary; 
(3) sign an agreement described in subsection (c); 
(4) be a citizen or national of the United States or be an alien 
lawfully admitted to the United States for permanent residence; 
and 
(5) meet such other requirements as the Secretary prescribes. 
(c) AGREEMENT.—An agreement between the Secretary and a 
participant in the scholarship and fellowship program established 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1573 
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 of school years 
(not exceeding 5) during which the participant is pursuing a 
program of education in a qualifying field of study. The gissist-
ance may include payment of tuition, fees, books, laboratory 
expenses, and a stipend. 
(2) The participant's agreement (A) to accept such educational 
assistance, (B) to maintain enrollment and attendance in the 
program of education until completed, (C) while enrolled in such 
program, to maintain satisfactory academic progress as pre-
scribed by the institution of higher education in which the 
participant is enrolled, and (D) after completion of the program 
of education, to serve as a full-time employee in an environ-
mental restoration or waste management position in the 
Department of Energy for a period of 12 months for each school 
year or part thereof for which the participant is provided a 
scholarship or fellowship under the program established under 
this section. 
(d) REPAYMENT.—(1) Any person participating in a scholarship or 
fellowship 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, plus interest at the rate 
prescribed by paragraph (4), if the person— 
(A) does not complete the course of education £is agreed to 
pursuant to subsection (c), or completes the course of education 
but declines to serve in a position in the Department of Energy 
as agreed to pursuant to subsection (c); or 
(B) is voluntarily separated from service or involuntarily 
separated for cause from the Department of Energy before the 
end of the period for which the person has agreed to continue in 
the service of the Department of Energy. 
(2) If an employee fails to fulfill his sigreement to pay to the 
Grovernment the total amount of educational assistance provided to 
the person under the program, plus interest at the rate prescribed 
by paragraph (4), a sum equal to the amount of the educational 
assistance (plus such interest) is recoverable by the Government 
from the person or his estate by— 
(A) in the case of a person who is an employee, setoff against 
accrued pay, compensation, amount of retirement credit, or 
other amount due the employee from the Government; and 
(B) such other method £is 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. 
(4) For purposes of repa5n3ient under this section, the total amount 
of educational assistance provided to a person under the program 
shall bear interest at the applicable rate of interest under section 
427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)). 
(e) 
PREFERENCE FOR COOPERATIVE EDUCATION STUDENTS.—In 
evaduating applicants for award of scholarships and fellowships 
under the program, the Secretary of Energy may give a preference 
to an individual who is enrolled in, or accepted for enrollment in, an 
105 STAT. 1574 
PUBLIC LAW 102-190—DEC. 5, 1991 
educational institution that has a cooperative education program 
with the Department of Energy. 
(f) COORDINATION OF BENEFITS.—A scholarship or fellowship 
awarded under this section shall be taken into account in determin-
ing the eligibility of the student for Federal student financial assist-
ance provided under title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.). 
(g) AWARD OF SCHOLARSHIPS AND FELLOWSHIPS.—(1) Subject to 
paragraph (2), the Secretary shall award at least 20 scholarships (for 
undergraduate students) and 20 fellowships (for graduate students) 
during fiscal year 1992. 
(2) The requirement to award 20 scholarships and 20 fellowships 
under paragraph (1) applies only to the extent there is a sufficient 
number of applicants qualified for such awards. 
(h) REPORT TO CONGRESS.—Not later than January 1, 1993, the 
Secretary of Energy shall submit to Congress a report on activities 
undertaken under the program and recommendations for future 
activities under the program. 
(i) FUNDING.—Of the funds authorized to be appropriated pursu-
ant to section 3101(9XB), $1,000,000 may be used for the purpose of 
carrjdng out this section. 
Colorado. 
SEC. 3133. RESUMPTION OF PLUTONIUM OPERATIONS IN BUILDINGS AT 
ROCKY FLATS. 
(a) RESUMPTION OF PLUTONIUM OPERATIONS.—The Secretary of 
Energy may not resume plutonium operations in a plutonium oper-
ations building at the Rocky Flats Plant, Golden, Colorado, until the 
Defense Nuclear Facilities Safety Board determines, to the satisfac-
tion of the Board, that the Secretary's response to the Board's 
recommendations numbered 90-2, 90-5, and 91-1 adequately pro-
tects public health and safety with respect to the operation of such 
building. 
(b) RESUMPTION OF PRODUCTION OF PLUTONIUM WARHEAD COMPO-
NENTS.—The production of plutonium warhead components for any 
particular type of warhead may not be resumed at the Rocky Flats 
Plant until the later of— 
(1) April 1,1992; or 
(2) 30 days after the date on which the Secretary of Defense 
and the Secretary of Energy certify to Congress that the produc-
tion of that type of warhead is necessary in the interest of the 
national security of the United States. 
(c) REPORTS ON WARHEAD PIT REUSE.—(1) The Defense Science 
Board shall prepare and submit to Congress a report on each tjrpe of 
warhead proposed to be produced at the Rocky Flats Plant. The 
report shall contain the following information: 
(A) Whether the reuse of existing plutonium pits in the 
production of that type of warhead is feasible. 
(B) If such reuse is feasible, the approximate cost and date on 
which it is feasible to begin the production of warheads of that 
type using such pits. 
(C) What modifications (if any) to the warhead, the weapon 
system for the warhead, or production facilities are necessary to 
permit the reuse of plutonium pits for the production of war-
heads of that t3rpe, and where (in the case of the warhead or the 
weapon system) such modifications would be made. 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1575 
(D) Whether and how the performance of the warheads would 
be diminished or altered, if at all, by reason of the reuse of such 
pits for the production of those warheads. 
(E) The impact of pit reuse on worker exposure rates, and the 
amount of waste generated by pit reuse in comparison to new 
pit production. 
(F) Such other matters as the Defense Science Board finds 
appropriate. 
(2) In each instance that the Defense Science Board prepares a 
report under this subsection, the Board shall submit such report to 
the Secretary of Defense and the Secretary of Energy at least 30 
days before submitting such report to Congress. 
(3) In each instance that the Defense Science Board submits a 
report under this subsection to Congress, the Secretary of Defense 
and the Secretary of Energy shall jointly submit a report to Con-
gress containing comments on the Board's report and any related 
matters. 
(4) The Defense Science Board shall submit a report to Congress 
under this subsection with respect to warhead type W-88 not later 
than March 1,1992. 
(d) FORM OF REPORTS.—Each report submitted pursuant to this 
section shall be submitted in an unclassified form. Classified 
information may be submitted in a classified appendix. 
(e) DEFINITION.—For purposes of this section, the term "plutonium 
operations building" means the building numbered 371, 559, 707, 
771, 776, 777, or 779 at the Rocky Flats Nuclear Weapons Plant, 
Golden, Colorado, or any other building at such Plant in which 
plutonium operations are conducted. 
SEC. 3134. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 42 USC 7274f 
MANAGEMENT ACCOUNT. 
(a) EsTABUSHMENT.—There is hereby established in the Treasury 
of the United States for the Department of Energy an account to be 
known as the "Defense Environmental Restoration and Waste 
Management Account" (hereafter in this section referred to as the 
"Account"). 
Ot)) AMOUNTS IN ACCOUNT.—All sums appropriated to the Depart-
ment of Energy for environmental restoration and waste manage-
ment at defense nuclear facilities shall be credited to the Account. 
Such appropriations shall be authorized annually by law. To the 
extent provided in appropriations Acts, amounts in the Account 
shall remain available until expended. 
SEC. 3135. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 42 USC 7274g. 
FIVE-YEAR PLAN AND BUDGET REPORTS. 
(a) FIVE-YEAR PLAN.—(1) Not later than September 1 of each year, 
the Secretary of Energy shall issue a plan for environmental res-
toration and waste management activities to be conducted, during 
the five-year period beginning on October 1 of the next calendar 
year, at (A) defense nuclear facilities and (B) all other facilities 
owned or operated by the Department of Energy. The plan also shall 
contain a description of environmental restoration and waste 
management activities conducted during the fiscal year in which the 
plan is submitted and of such activities to be conducted during the 
fiscal year beginning on October 1 of the same calendar year. Such 
five-year plan shall be designed to complete environmental restora-
publication. 
105 STAT. 1576 
PUBLIC LAW 102-190—DEC. 5, 1991 
tion at all Department of Energy facilities not later than the year 
2019. 
(2) The Secretary shall prepare each annual five-year plan in a 
preliminary form at least four months before the date on which that 
plan is required to be issued under paragraph (1). The preliminary 
plan shall contain the matters referred to in paragraph (4) (other 
than the matters referred to in subparagraph (J) of that paragraph). 
The Secretary shall provide the preliminary plan to the Governors 
and Attorneys General of affected States, appropriate representa-
tives of affected Indian tribes, and the public for coordination, 
review, and comment. 
Federal 
(3) At the same time the Secretary issues an annual five-year plan 
nnhif,^ffinn 
uuder paragraph (1), the Secretary shall submit the plan to the 
President and Congress, publish a notice of the issuance of the plan 
in the Federal Register, and make the plan available to the Gov-
ernors and Attorneys General of affected States, appropriate rep-
resentatives of affected Indian tribes, and the public. 
(4) The Euinual five-year plan, and the actions and other matters 
contained in the plan, shall be in accordance with all laws, regula-
tions, permits, orders, and agreements. The plan shall contain the 
following matters: 
(A) A description of the actions, including identification of 
specific projects, necessary to maintain or achieve compliance 
with Federal, State, or local environmental laws, regulations, 
permits, orders, and agreements. 
(B) A description of the actions, including identification of 
specific projects, to be taken at each Department of Energy 
facility in order to implement environmental restoration activi-
ties planned for each such facility. 
(C) A description of research and development activities for 
the expeditious and efficient environmental restoration of such 
facilities. 
(D) A description of the technologies and facilities necessary 
to carry out the environmental restoration activities. 
(E) A description of the waste management activities, includ-
ing identification of specific projects, necessary to continue to 
operate the Department of Energy facilities or to decontaminate 
and decommission the facilities, as the case may be. 
(F) A description of research and development activities for 
waste management. 
(G) A description of the technologies and facilities necessary 
to carry out the waste management activities, 
(H) A description of activities and practices that the Secretary 
is undertaking or plans to undertake to minimize the genera-
tion of waste. 
(I) The estimated costs of, and personnel required for, each 
project, action, or activity contained in the plan. 
(J) A description of the respects in which the plan differs from 
the preliminary form of that plan issued pursuant to paragraph 
(2), together with the reasons for any differences. 
(K) A discussion of the implementation of the preceding 
annual five-year plan. 
(L) Such other matters as the Secretary finds appropriate and 
in the public interest. 
(5) The Secretary shall consult with the Administrator of the 
Environmental Protection Agency, Governors and Attorneys Gen-
eral of affected States, and appropriate representatives of affected 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1577 
Indian tribes in the preparation of the plan and the preliminary 
form of the plan pursuant to paragraphs (1) and (2). The Secretary 
shall include as an appendix to the plan (A) all comments submitted 
on the preliminary form of the plan by the Administrator, Gov-
ernors and Attorneys General of giffected States, and affected Indian 
tribes, and (B) a summary of comments submitted by the public. 
(6) The Secretary shall include in the annual five-year plan issued 
in 1992 a discussion of the feasibility and need, if any, for the 
establishment of a contingency fund in the Department of Energy to 
provide funds necessary to meet the requirements in environmental 
laws, to remove an immediate threat to worker or public health and 
safety, to prevent or improve a condition where postponement of 
activity would lead to deterioration of the environment, and to 
undertake 
additional 
environmental 
restoration 
activities at 
Department of Energy defense nuclear facilities that are not pro-
vided for in the budgets for fiscal years in which it is necessary to 
meet such requirements or undertake such activities. 
(7) The first annual five-year plan issued pursuant to this section 
shall be issued in 1992. 
(b) TREATMENT OF PLANS UNDER NEPA.—The development and 
adoption of any part of any plan (including any preliminary form of 
any such plan) under subsection (a) shall not be considered a major 
Federal action for the purposes of subparagraph (C), (E), or (F) of 
section 102(2) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)). Nothing in this subsection shall affect the Depart-
ment of Energy's ongoing preparation of a programmatic environ-
mental impact statement on environmental restoration and waste 
management. 
(c) GRANTS.—The Secretary of Energy is authorized to award 
grants to, and enter into cooperative agreements with, affected 
States and affected Indian tribes to assist such States and tribes in 
participating in the development of the annual five-year plan 
(including the preliminary form of such plan). 
(d) FUNDING.—Of the funds authorized to be appropriated pursu-
ant to section 3103, $20,000,000 may be used for the purpose of 
carrying out subsection (c). 
(e) BUDGET REPORTS.—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 President shall submit to 
Congress a description of proposed activities and funding levels 
contained in the annual five-year plan (issued, pursuant to subsec-
tion (aXl), in the year preceding the year in which the budget is 
submitted to Congress) that are not included in the budget or are 
included in the budget in a different form or at a different funding 
level, together with the reasons for such differences. 
SEC. 3136. CRITICAL TECHNOLOGY PARTNERSHIPS. 
42 USC 2123. 
(a) PARTNERSHIPS.—For the purpose of facilitating the transfer of 
technology, the Secretary of Energy shall ensure, to the maximum 
extent practicable, that atomic energy defense activities research 
on, and development of, any dual-use critical technology is con-
ducted through cooperative research and development agreements, 
or other arrangements, that involve laboratories of the Department 
of Energy and other entities. 
(b) DEFINITIONS.—In this section: 
(1) The term "dual-use critical technology" means a tech-
nology— 
105 STAT. 1578 
PUBLIC LAW 102-190—DEC. 5, 1991 
(A) that is critical to atomic energy defense activities, as 
determined by the Secretary of Energy; 
(B) that has miUtary appHcations and nonmiUtary ap-
plications; and 
(C) that either— 
ij :, 
(i)(i) appears on the list of national critical tech-
nologies contained in a biennial report on national 
critical technologies submitted to Congress by the 
President pursuant to section 603(d) of the National 
' 
Science and Technology Policy, Organization, and 
Priorities Act of 1976 (42 U.S.C. 6683(d)); and 
(II) has not been expressly deleted from such list by 
such a report subsequently submitted to Congress by 
the President; or 
(ii)(I) appears on the list of critical technologies con-
tained in an annual defense critical technologies plan 
s 
submitted to Congress by the Secretary of Defense 
pursuant to section 2522 of title 10, United States Code; 
and 
(II) has not been expressly deleted from such list by 
such a plan subsequently submitted to Congress by the 
Secretary. 
(2) The term "cooperative research and development agree-
ment" has the meaning given that term by section 12(d) of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710a(d)). 
(3) The term "other entities" means— 
(A) firms, or a consortium of firms, that are eligible to 
participate in a partnership or other arrangement with a 
laboratory of the Department of Energy, as determined in 
accordance with applicable law and regulations; or 
(B) firms, or a consortium of firms, described in subpara-
graph (A) in combination with one or more of the following: 
(i) Institutions of higher education in the United 
States. 
(ii) Departments and agencies of the Federal Govern-
, 
ment other than the Department of Energy. 
(iii) Agencies of State Governments. 
(iv) Any other persons or entities that may be eligible 
and appropriate, as determined in accordance with 
applicable laws and regulations. 
(4) The term "atomic energy defense activities" does not 
include activities covered by Executive Order No. 12344, dated 
February 1, 1982, pertaining to the Naval nuclear propulsion 
program. 
New Mexico. 
SEC. 3137. NATIONAL ATOMIC MUSEUM. 
(a) RECOGNITION AND STATUS.—The museum operated by the 
Department of Energy and currently located at Building 20358 on 
Wyoming Avenue South near the corner of M street within the 
confines of the Kirtland Air Force Base (East), Albuquerque, New 
Mexico— 
(1) is recognized as the official atomic museum of the United 
States; 
(2) shall be known as the "National Atomic Museum"; and 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1579 
(3) shall have the sole right throughout the United States and 
its possessions to have and use the name "National Atomic 
Museum". 
0)) VOLUNTEERS.—(1) In operating the National Atomic Museum, 
the Secretary of Energy may— 
(A) recruit, train, and accept the services of individuals with-
out compensation as volunteers for, or in aid of, interpretive 
functions or other services or activities of and related to the 
museum; and 
(B) provide to volunteers incidental expenses, such as nominal 
awards, uniforms, and transportation. 
(2) Except as provided in paragraphs (3) and (4), a volunteer who is 
not otherwise employed by the Federal Government is not subject to 
laws relating to Federal employment, including those relating to 
hours of work, rates of compensation, leave, unemployment com-
pensation, and Federal employee benefits, because of service as a 
volunteer under this subsection. 
(3) For purposes of chapter 171 of title 28 of the United States 
Code (relating to tort claims), a volunteer under this subsection is 
considered a Federal employee. 
(4) For the purposes of subchapter I of chapter 81 of title 5 of the 
United States Code (relating to compensation for work-related in-
juries), a volunteer under this subsection is considered an employee 
of the United States. 
(c) AUTHORITY.—(1) In operating the National Atomic Museum, 
the Secretary of Energy, may— 
(A) accept and use donations of money or gifts pursuant to 
section 652 of the Department of Energy Organization Act (42 
U.S.C. 7262), if such gifts or money are designated in a written 
document signed by the donor as intended for the museum, and 
such donations or gifts are determined by the Secretary to be 
suitable and beneficial for use by the museum; 
(B) operate a retail outlet on the premises of the museum for 
the purpose of selling or distributing mementos, replicas of 
memorabilia, literature, materials, and other items of an 
informative, educational, and tasteful nature relevant to the 
contents of the museum; and 
(C) exhibit, perform, display, and publish information and 
materials concerning museum mementos, items, memorabilia, 
and replicas thereof in any media or place anywhere in the 
world, at reasonable fees or charges where feasible and appro-
priate, to substantially cover costs. 
(2) The net proceeds of activities authorized under subparagraphs 
(B) and (C) of paragraph (1) may be used by the National Atomic 
Museum for activities of the museum. 
SEC. 3138. REVISION OF WAIVER OF POST-EMPLOYMENT RESTRICTIONS 
APPLICABLE TO EMPLOYEES OF CERTAIN NATIONAL LAB-
ORATORIES. 
(a) REVISION.—Subparagraph (B) of section 207(kXl) of title 18, 
United States Code, is amended— 
(1) by inserting "(i)" after "(B)"; and 
(2) by adding at the end the following new clause: 
"(ii) Notwithstanding clause (i), a waiver granted under this para-
graph to any person who was an officer or employee of Lawrence 
Livermore National Laboratory, Los Alamos National Laboratory, 
or Sandia National Laboratory immediately before the person's 
105 STAT. 1580 
PUBLIC LAW 102-190—DEC. 5, 1991 
18 use 207 
note. 
Reports. 
Federal Government emplo3anent began shall apply to that person's 
employment by any such national laboratory after the person's 
employment by the Federal Grovemment is terminated.". 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act and shall 
apply to persons granted waivers under section 207(kXl) of title 18, 
United States Code, on or after that date. 
SEC. 3139. SENSE OF CONGRESS REGARDING DESIGNATION OF SITE FOR 
NEW PRODUCTION REACTOR AT SAVANNAH RIVER SITE, 
SOUTH CAROLINA. 
(a) FINDINGS.—The Congress finds that the longstanding role of 
the Savannah River Site, South Carolina, in the production of 
tritium and other nuclear materials, the infrastructure in place at 
the Savannah River Site for processing tritium, and the role 
planned for the Savannah River Site in the nuclear weapons produc-
tion complex in the future all indicate that the Savannah River Site 
would be the best site for construction of the new production 
reactor. 
Ot)) SENSE OF CONGRESS.—It is the sense of Congress that the 
Secretary of Energy should select the Savannah River Site for the 
site of the new production reactor. 
(c) NOTICE AND WAIT PROVISION.—If the Secretary of Energy 
selects, in the Record of Decision of the environmental impact 
statement for the new production reactor, a site for the new produc-
tion reactor other than the Savannah River Site, the Secretary— 
(1) may not obligate any funds for site-specific activities or 
procurement until the expiration of the 90-day period beginning 
on the date of the issuance of the Record of Decision, or until 
Congress approves the site selected, whichever is earlier; and 
(2) shall submit to Congress, on the date of issuance of the 
Record of Decision, a report describing the reasons for selecting 
a site other than the Savannah River Site. 
SEC. 3140. REPORT ON SCHEDULE FOR RESUMPTION OF NUCLEAR TEST-
ING TALKS AND TEST BAN READINESS PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that the 
United States and the Soviet Union share a special responsibility to 
resume the Nuclear Testing Talks to continue negotiations toward 
additional limitations on nuclear weapons testing. 
(b) REPORT.—Not later than 60 days after the date of the enact-
ment of this Act, the President shall submit to Congress a report 
containing a proposed schedule for resumption of the Nuclear Test-
ing Talks and identif3dng the goals to be pursued in those talks. 
(c) NUCLEAR TEST BAN READINESS PROGRAM.—Of the funds appro-
priated to the Department of Energy for fiscal year 1992 for weap-
ons activities, $20,000,000 shall be available to conduct the nuclear 
test ban readiness program established pursuant to section 1436 of 
the National Defense Authorization Act, Fiscal Year 1989 (Public 
Law 100-456; 42 U.S.C. 2121 note). 
SEC. 3141. WARHEAD DISMANTLEMENT AND MATERIAL DISPOSAL. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) On September 27,1991, the President announced as part of 
a unilateral initiative designed to "enhance stability and reduce 
the risk of nuclear war," that the United States should explore 
with the Soviet Union "joint technical cooperation on the safe 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1581 
:
* and environmentally 
responsible 
storage, 
transportation, 
dismantling, and destruction of nuclear weapons". 
(2) On October 5, 1991, the President of the Soviet Union 
stated in response that "We hereby stress readiness to embark 
on a specific dialogue with the United States on the elaboration 
of safe and ecologically responsible technologies for the storage 
and transportation of nuclear warheads and nuclear charges, 
and to design jointly measures to enhance nuclear safety". 
(3) The President's initiative and the Soviet response hold out 
the prospect of enhancing stability and reducing the risk of 
nuclear war. 
(b) CONGRESSIONAL ENDORSEMENT.—Congress strongly endorses 
the initiative proposed by the President and the Soviet response and 
looks forward— 
(1) to hearing the proposed initiatives of the President during 
the congressional review of the President's proposed budget for 
fiscal year 1993; and 
(2) to helping facilitate such initiatives through appropriate 
legislative measures which are requested by the President. 
(c) WARHEAD DISMANTLEMENT.—Of the funds appropriated to the 
Department of Energy for fiscal year 1992 for weapons activities, 
$10,000,000 shall be available to conduct a program to develop and 
demonstrate a means for verifiable dismantlement of nuclear war-
heads. 
SEC. 3142. REPORT ON NUCLEAR WEAPONS MATTERS. 
President. 
(a) REPORT.—Not later than April 1, 1992, the President shall 
submit to the congressional defense committees a report containing 
the following: 
(1) Information on the national security requirements of each 
of the following items, for the period beginning on September 
30,1991, and ending on September 30, 2001: 
(A) The planned stockpile of nuclear weapons. 
(B) The amount of tritium necessary to maintain the 
planned stockpile, including— 
(i) the amount of tritium available from inventory; 
(ii) the amount of tritium that must be produced and 
when; and 
(iii) an assessment of the need for and duration of 
operation of the K-reactor, located at the Savannah 
River Site in South Carolina. 
(C) The feasibility and desirability of use of W-76 war-
heads in place of W-88 warheads in the Trident II missiles 
carried by Trident Fleet Ballistic Missile submarines. 
(D) The need for and duration of operation of the Rocky 
Flats Plant facilities (other than Building 559) located at 
Golden, Colorado, for the purposes of— 
(i) production of W-88 warheads; and 
(ii) plutonium operations other than warhead produc-
tion. 
(E) The earliest practicable date for the commencement 
of operation of facilities that replace the K-reactor and the 
Rocky Flats Plant, including an assessment of the effect of 
a delay (beyond the second quarter of fiscal year 1992) in 
the selection of the site and the technology for the new 
production reactor. 
105 STAT. 1582 
PUBLIC LAW 102-190—DEC. 5, 1991 
(2) A plan for assistance to the workforce at Rocky Flats and 
the K-reactor, including retraining for new employment 
opportunities at the sites, that could be provided in the event 
that either facility ceases production. 
(b) FORM OF REPORT.—The report required by subsection (a) shall 
be submitted in classified and unclassified form. 
TITLE XXXII—DEFENSE NUCLEAR FA-
CILITIES SAFETY BOARD AUTHORIZA-
TION 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 1992 
$12,000,000 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. POWERS AND FUNCTIONS OF THE DEFENSE NUCLEAR FACILI-
TIES SAFETY BOARD. 
(a) POWERS.—(1) Subsection Ot))(l)(A) of section 313 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286b) is amended by striking out 
"100" and inserting in lieu thereof "150". 
(2) Subsection (g) of such section is amended by striking out "The 
Board" and inserting in lieu thereof "Notwithstanding any other 
provision of law relating to the use of competitive procedures, the 
Board". 
(b) EXPANSION AND CLARIFICATION OF AUTHORITY RELATING TO 
ATOMIC WEAPONS.—(1) Section 318(1)(B) of such Act (42 U.S.C. 
2286g(lXB)) is amended by striking out "with the assembly or testing 
of nuclear explosives or". 
(2) Section 312 of such Act (42 U.S.C. 2286a) is amended— 
(A) by inserting "(a) IN GENERAL.—" before "The Board shall 
perform"; and 
(B) by adding at the end the following new subsection: 
"Ot>) EXCLUDED FUNCTIONS.—The functions of the Board under this 
chapter do not include functions relating to the safety of atomic 
weapons. However, the Board shall have access to any information 
on atomic weapons that is within the Department of Energy and is 
necessary to carry out the functions of the Board.". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1583 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
PART A—CHANGES IN STOCKPILE AMOUNTS 
SEC. 3301. AUTHORIZATION OF DISPOSALS. 
50 USC 98d 
(a) AUTHORITY.—During fiscal years 1992 and 1993, the National "°*® 
Defense Stockpile Manager may dispose of materials in the National 
Defense Stockpile in accordance with this section. The value of 
materials disposed of may not exceed $150,000,000 during each of 
such fiscal years. Such disposal may be made only as specified in 
subsection (b). 
(b) MATERIALS AUTHORIZED TO BE DISPOSED.—Any disposal under 
subsection (a) shall be made— 
(1) from quantities of materials in the National Defense 
Stockpile previously authorized for disposal by law, including 
the materials authorized for disposal in accordance with the 
table contained in section 3302fl3) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 
101-189; 103 Stat. 1686); or 
(2) in the case of materials in the National Defense Stockpile 
that have been determined to be excess to the current require-
ments of the stockpile, in accordance with the following table: 
Material 
Unit 
Quantities 
Bismuth 
LB 
500,000 
Diamond, industrial, crushing bort 
KT 
10,000,000 
Fluorspar, metallurgical grade 
SDT 
20,000 
Graphite, Malagasy 
ST 
3,635 
Manganese, battery grade 
SDT 
25,000 
Manganese, chemical grade 
SDT 
173,000 
Mercury 
FL 
15,000 
Mica, muscovite block 
LB 
2,700,000 
Mica, muscovite splittings 
LB 
1,100,000 
Tin 
MT 
15,000 
(c) ADDITIONAL AUTHORITY.—The disposal authority provided in 
subsection (a) is in addition to any other disposal authority provided 
by law. 
(d) LIMITATION ON DISPOSALS.—The National Defense Stockpile 
Manager may dispose of materials under this section during fmcsd 
years 1992 and 1993 only to the extent that the total amount 
received (or to be received) from such disposals for each of such 
fiscal years does not exceed the amount obligated from the National 
Defense Stockpile Treinsaction Fund during such fiscal year for the 
purposes authorized under section 9(b)(2) of the Strategic and Criti-
cal Materials Stock Piling Act (50 U.S.C. 98h(bX2)). 
SEC. 3302. AUTHORIZATION OF ACQUISITIONS. 
(a) ACQUISITIONS.—During each of the fiscal years 1992 and 1993, 
the National Defense Stockpile Manager shall obligate $150,000,000 
out of funds of the National Defense Stockpile Transaction Fund 
(subject to such limitations as may be provided in appropriations 
Acts) for the authorized uses of such funds under section 9(bX2) of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h(bX2)). 
105 STAT. 1584 
PUBLIC LAW 102-190—DEC. 5, 1991 
(b) RESEARCH AND DEVELOPMENT PROGRAMS.—Of the amount 
specified in subsection (a), $25,000,000 may be obligated during each 
of such fiscal years for materials development and research under 
clause (G) of such section. 
PART B—PROGRAMMATIC CHANGES 
SEC. 3311. MATERIALS DEVELOPMENT AND RESEARCH. 
(a) AVAILABIUTY OF NATIONAL DEFENSE STOCKPILE TRANSACTION 
FUND FOR DEVELOPMENT AND RESEARCH.—Section 90t)X2) of 
the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(bX2)) 
is amended by adding at the end the following new subparagraph: 
"(G) Contracting under competitive procedures for materials 
development and research to— 
"(i) improve the quality and availability of materials 
stockpiled from time to time in the stockpile; and 
"(ii) develop new materials for the stockpile.". 
(b) MATTERS TO BE DISCUSSED IN ANNUAL MATERIALS PLAN.— 
Section 11(b) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h-2(b)) is amended— 
(1) by designating the first, second, and third sentences as 
paragraphs (1), (2), and (3), respectively, and adjusting the mar-
gins of those paragraphs; and 
Reports. 
(2) by adding at the end of paragraph (2), as so designated, the 
following new sentences: "Each such report shall also contain 
details regarding the materials development and research 
projects to be conducted under section 9(bX2XG) during the 
fiscal years covered by the report. With respect to each develop-
ment and research project, the report shall specify the amount 
planned to be expended from the fund, the material intended to 
be developed, the potential military or defense industrial ap-
plications for that material, and the development and research 
methodologies to be used.". 
SEC. 3312. ROTATION OF STOCKPILE MATERIALS FOR BETTER MATE-
RIALS. 
Section 6(aX4) of the Strategic and Critical Materials Stockpiling 
Act (50 U.S.C. 98e(aX4)) is amended by inserting before the semi-
colon the following: "or better material". 
SEC. 3313. INCREASED INTERVALS BETWEEN REPORTS TO CONGRESS. 
(a) REPORT ON STOCKPILE OPERATIONS.—Section 11(a) of the Strate-
gic and Critical Materials Stock Piling Act (50 U.S.C. 98h-2(a)) is 
amended— 
(1) in the first sentence— 
(A) by striking out "The President" and inserting in lieu 
thereof "Not later than January 15 of each year, the Presi-
dent"; and 
(B) by striking out "every six months a" and inserting in 
lieu thereof "an annual"; 
(2) in paragraph (1), by striking out "6-month period" and 
inserting in lieu thereof "fiscal year"; 
(3) in paragraph (2), by striking out "period" and inserting in 
lieu thereof "fiscal year'; and 
(4) in paragraph (5), by striking out "next fiscal year" and 
inserting in lieu thereof "current fiscal year". 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1585 
(h) REPORT ON STOCKPILE REQUIREMENTS.—(1) Subsection (a) of 
section 14 of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h-5) is amended— 
(A) by striking out "The Secretary" in the first sentence and 
inserting in lieu thereof "Not later than January 15 of every 
other year, the Secretary"; 
(B) by striking out "an annual report" in the first sentence 
and inserting in lieu thereof "a report"; and 
(C) by striking out "shall be submitted with the annual report 
submitted under section 110^) and" in the second sentence. 
(2) The heading of such section is amended by striking out 
"ANNUAL" and inserting in lieu thereof "BIENNIAL". 
(3) The first report required by section 14(a) of the Strategic and 50 USC 98h-5 
Critical Materials Stock Piling Act (50 U.S.C. 98h-5(a)), as amended "o^^. 
by paragraph (1) shall be submitted not later than January 15, 1993. 
SEC. 3314. CONTINUATION OF DISPOSAL AUTHORITY DURING PERIODS 
OF VACANCY IN THE POSITION OF STOCKPILE MANAGER OR 
DEFICIENCY IN DELEGATION OF AUTHORITY TO THE STOCK-
I 
PILE MANAGER. 
Section 16 of the Strategic and Critical Materials Stockpiling Act 
(50 U.S.C. 98h-7) is amended by striking out subsection (d). 
TITLE XXXIV—CIVIL DEFENSE 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for the purpose of 
carrjdng out the Federal Civil Defense Act of 1950 (50 U.S.C. App. 
2251 et seq.), as follows: 
(1) For fiscal year 1992, $148,628,000. 
(2) For fiscal year 1993, $137,728,000. 
105 STAT. 1586 
PUBLIC LAW 102-190—DEC. 5, 1991 
Panama Canal 
Commission 
Authorization 
Act for Fiscal 
Year 1992. 
TITLE XXXV—PANAMA CANAL COMMISSION 
SEC. 3501. SHORT TITLE. 
This title may be cited as the "Panama Canal Commission 
Authorization Act for Fiscal Year 1992", 
SEC. 3502. AUTHORIZATION OF EXPENDITURES. 
(a) IN GENERAL.—Subject to subsection (b), 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 limitations, as may be necessary under the 
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, 
maintenance, and improvement of the Panama Canal for fiscal year 
1992. 
(b) LIMITATION ON RECEPTION AND REPRESENTATION EXPENSES.—Of 
amounts available to the Panama Canal Commission for fiscal year 
1992, not more than $52,000 may be used for official reception and 
representation expenses, of which— 
(1) not more than $12,000 may be used for expenses of the 
Supervisory Board of the Commission; 
(2) not more than $6,000 may be used for expenses of the 
Secretary of the Commission; and 
(3) not more than $34,000 for fiscal year 1992 may be used for 
expenses of the Administrator of the Commission. 
(c) PURCHASE OF PASSENGER MOTOR VEHICLES.—Funds available to 
the Panama Canal Commission for fiscal year 1992 may be used 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.—Notwithstanding section 1341 of title 31, 
United States Code, funds available for use by the Panama Canal 
Commission for fiscal year 1992 may be obligated to the extent 
necessary to permit pa5rment 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. 
(b) EXPENSES IN ACCORDANCE WITH LAW.—Expenditures 
au-
thorized under this Act 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. REVISION OF EXECUTIVE PAY SCHEDULE FOR THE ADMINIS-
TRATOR OF THE PANAMA CANAL COMMISSION. 
(a) REVISION.—Section 5315 of title 5, United States Code, is 
amended by inserting at the end the following: 
"Administrator of the Panama Canal Commission.". 
(b) CONFORMING AMENDMENT.—Section 5316 of such title is 
amended by striking out "Administrator of the Panama Canal 
Commission.". 
SEC. 3505. POLICY ON MILITARY BASE RIGHTS IN PANAMA. 
(a) FINDINGS.—The Congress finds that— 
PUBLIC LAW 102-190—DEC. 5, 1991 
105 STAT. 1587 
(1) the Panama Canal is a vital strategic asset to the United 
States £ind its allies; 
(2) the Treaty Concerning the Permanent Neutrality and 
Operation of the Panama Canal and the Panama Canal Treaty, 
both signed on September 7, 1977, mandate that (A) no United 
States troops are to remain in Panama after December 31,1999; 
(B) the Canal Zone is to be incorporated into Panama; (C) 
United States Panama-based communications facilities are to be 
phased out; (D) all United States training in Panama of Latin 
American soldiers is to be halted; and (E) management and 
operational control of the Canal is to be turned over to Panama-
nian authorities; 
(3) the government of President Guillermo Endara has dem-
onstrated its determination to restore democracy to Peinama by 
quickly moving to implement changes in the nation's political, 
economic, and judicial systems; 
(4) friendly cooperative relations currently exist between the 
United States and the Republic of Panama; 
(5) the region has a history of unstable governments which 
pose a threat to the future operation of the Panama Canal, and 
the United States must have the discretion and the means to 
defend the Canal and ensure its continuous operation and 
availability to the military and commercial shipping of the 
United States and its allies in times of crisis; 
(6) the Panama Canal is vulnerable to disruption and closure 
by unforeseen events in Panama, by terrorist attack, and by air 
strikes or other attack by foreign powers; 
(7) the United States fleet depends upon the Panama Canal 
for rapid transit ocean to ocean in times of emergency, as 
demonstrated during World War II, the Korean Conflict, the 
Vietnam Conflict, the Cuban Missile Crisis, and the Persian 
Gulf Conflict, thereby saving 13,000 miles and three weeks 
steaming effort around Cape Horn; 
(8) the presence of the United States Armed Forces offers a 
viable defense against sabotage or other threat to the Panama 
Canal; and 
(9) the 10,000 United States military personnel now based in 
Panama, including the headquarters of the United States 
Southern Command, cannot remain there beyond December 31, 
1999, without a new agreement with Panama. 
OD) POLICY.—It is the sense of the Congress that the President— 
(1) should begin negotiations with the Grovernment of 
105 STAT. 1588 
PUBLIC LAW 102-190—DEC. 5, 1991 
Panama, at a mutually acceptable time, to consider whether the 
two Governments should allow the permanent stationing of 
United States military forces in Panama beyond December 31, 
1999; and 
(2) should consult with the Congress throughout those nego-
tiations. 
Approved December 5, 1991. 
LEGISLATIVE HISTORY—H.R. 2100 (S. 1507): 
HOUSE REPORTS: Nos. 102-60 (Comm. on Armed Services) and 102-311 (Comm. of 
Conference). 
SENATE REPORTS: No. 102-113 accompanying S. 1507 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
May 20-22, considered and passed House. 
July 31-Aug. 2, S. 1507 considered and passed Senate; H.R. 2100, amended, 
passed in lieu. 
Nov. 18, House agreed to conference report. 
Nov. 21, 22, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Dec. 5, Presidential statement.