Department of Defense Appropriations Act, 1992
PL 102-172 (H.R.2521), enacted 11/26/1991

105 STAT. 1150 
PUBLIC LAW 102-172—NOV. 26, 1991 
Public Law 102-172 
102d Congress 
An Act 
Nov. 26, 1991 
[H.R. 2521] 
Department of 
Defense 
Appropriations 
Act, 1992. 
Armed Forces. 
Arms and 
munitions. 
Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 1992, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 
1992, for military functions administered by the Department of 
Defense, and for other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all ex-
penses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members 
of the Army on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for pay-
ments pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $24,176,100,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all ex-
penses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members 
of the Navy on active duty (except members of the Reserve provided 
for elsewhere), midshipmen, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 
402 note), to section 229(b) of the Social Security Act (42 U.S.C. 
429(b)), and to the Department of Defense Military Retirement 
Fund; $19,602,967,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all ex-
penses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members 
of the Marine Corps on active duty (except members of the Reserve 
provided for elsewhere); and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), to section 229(b) 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1151 
of the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense MiUtary Retirement Fund; $6,065,560,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all ex-
penses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members 
of the Air Force on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), to section 22903) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $18,868,300,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 
under sections 265, 3021, and 3038 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and 
expenses authorized by section 2131 of title 10, United States Code, 
as authorized by law; and for payments to the Department of 
Defense Military Retirement Fund; $2,298,800,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty 
under section 265 of title 10, United States Code, or while serving on 
active duty under section 672(d) of title 10, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing reserve training, or 
while performing drills or equivalent duty, and for members of the 
Reserve Officers' Training Corps, and expenses authorized by sec-
tion 2131 of title 10, United States Code, as authorized by law; and 
for payments to the Department of Defense Military Retirement 
Fund; $1,714,600,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on 
active duty under section 265 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 2131 of title 10, United States Code, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $348,900,000. 
105 STAT. 1152 
PUBLIC LAW 102-172—NOV. 26, 1991 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active 
duty under sections 265, 8021, and 8038 of title 10, United States 
Code, or while serving on active duty under section 672(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 678(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' Training 
Corps, and expenses authorized by section 2131 of title 10, United 
States Code, as authorized by law; and for payments to the Depart-
ment of Defense Military Retirement Fund; $718,900,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on 
duty under section 265, 3021, or 3496 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 672(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 2131 of title 10, United States Code, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $3,326,700,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty 
under section 265, 8021, or 8496 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 672(d) of 
title 10 or section 502(f) of title 32, United States Code, in connection 
with performing duty specified in section 678(a) of title 10, United 
States Code, or while undergoing training, or while performing 
drills or equivalent duty or other duty, and expenses authorized by 
section 2131 of title 10, United States Code, as authorized by law; 
and for payments to the Department of Defense Military Retirement 
Fund; $1,145,500,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Army, as authorized by law; and not 
to exceed $14,437,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Sec-
retary of the Army, and payments may be made on his certificate of 
necessity for confidential military purposes; $17,722,903,000: Pro-
vided, That $350,000 shall be made available for the 1992 Memorial 
Day Celebration and $350,000 shall be made available for the 1992 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1153 
Capitol Fourth Project: Provided further, That notwithstanding sec-
tion 2805 of title 10, United States Code, of the funds appropriated 
herein, $4,000,000 shall be made available only for a grant to the 
National D-Day Museum Foundation, and $4,000,000 shall be made 
available only for a grant to the Airborne and Special Operations 
Museum Foundation. These funds shall be made available solely for 
project costs and none of the funds are for remuneration of any 
entity or individual Eissociated with fund raising for the project: 
Provided further, That $350,000 shall be made available only to the 
Oregon Department of Economic Development: Provided 
further. 
That $38,000,000 shall be made available only for procurement of 
the Extended Cold Weather Clothing System (ECWCS) and 
$2,000,000 shall be made available only for the procurement of 
intermediate cold-wet weather boots: Provided further, That of the 
funds appropriated under this paragraph, the Secretary of the Army 
shall make a direct grant of $22,000,000 to the Silver Valley Unified 
School District, Yermo, California, and $10,000,000 to the Cum-
berland County School Board, Fayetteville, North Carolina, for 
support of the construction of public school structures, to be located 
on military facilities, sufficient to accommodate predominantly the 
dependents of members of the Armed Forces and dependents of 
Department of Defense employees employed at Fort Irwin, Califor-
nia, and Fort Bragg, North Carolina. The Secretary may require 
such terms and conditions in connection with the grants authorized 
by this section as the Secretary considers appropriate: Provided 
further. That of the funds appropriated under this heading, $250,000 
shall be available only for the conduct of a study on the need for and 
feasibility of a joint military and civilian airport at Manhattan, 
Kansas: Provided further. That of the amount appropriated under 
this heading, $4,500,000 shall be available for the Army Environ-
mental Policy Institute: Provided further, That $5,000,000 of the 
amount appropriated under this heading shall be available for the 
United States Office for POW/MIA Affairs in Hanoi: Provided 
further. 
That of the funds appropriated under this heading, 
$6,800,000 shall be available for the refurbishment and moderniza-
tion at existing railyard facilities at Fort Riley, Kansas. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,609,000 can be used for 
emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Navy, and payments 
may be made on his certificate of necessity for confidential military 
purposes; $21,079,548,000: Provided, That of the funds appropriated 
under this heading, $78,000,000 shall be available only for shipyard 
modernization projects to remain available for obligation until 
September 30, 1994: Provided further. That from the amounts of this 
appropriation for the alteration, overhaul and repair of naval ves-
sels and aircraft, funds shall be available to acquire the alteration, 
overhaul and repair by competition between public and private 
shipyards. Naval Aviation Depots and private companies. The Navy 
shall certify that successful bids include comparable estimates of all 
direct and indirect costs for both public and private shipyards, 
Naval Aviation Depots, and private companies. Competitions shall 
not be subject to section 2461 or 2464 of title 10, United States Code, 
105 STAT. 1154 
PUBLIC LAW 102-172—NOV. 26, 1991 
or to Office of Management and Budget Circular A-76. Naval Avia-
tion Depots may perform manufacturing in order to compete for 
production contracts: Provided further. That funds appropriated or 
made available in this Act shall be obligated and expended to 
restore and maintain the facilities, activities and personnel levels, 
including specifically the medical facilities, activities and personnel 
levels, at the Memphis Naval Complex, Millington, Tennessee, to 
the fiscal year 1984 levels: Provided further, That not less than 
$2,000,000 shall be made available to the Secretary of the Navy for a 
study, to be submitted to the Committees on Appropriations no later 
than August 1, 1992, on the costs of improving the Port of Haifa, 
Israel, and facilities in the immediate vicinity, to accommodate the 
full complement of services required for the maintenance, repair 
and associated tasks needed to support a carrier battle group: 
Provided further. That of the funds appropriated under this heading, 
$300,000 shall be made available only for the deaccession, 
reinterment, and reburial of ancestral skeletal remains at Mokapu, 
Hawaii: Provided further, That of the funds appropriated under this 
heading, the Navy shall provide for the transportation of U.S.S. 
Bennington accoutrements from China Lake Naval Air Station, 
California, to Bennington, Vermont: Provided further, That the 
Navy should maintain the existing share of ship repair and mainte-
nance work between public and private sector ship repair facilities, 
consistent with national security requirements: Provided 
further, 
That of the funds appropriated under this heading, $1,600,000 shall 
be made available only for the renovation of the submarine U.S.S. 
Blueback for use by the Oregon Museum of Science and Industry 
upon the determination of the Secretary of the Navy that the 
renovation is in the interest of national security: Provided further. 
That of the funds made available in Public Law 102-139, the Depart-
ments of Veterans Affairs and Housing and Urban Development, 
and Independent Agencies Appropriations Act, 1992, to the National 
Science Foundation, "Research and related activities", $5,000,000 is 
rescinded. In addition, an aggregate total of $70,000,000 of funds 
available to the National Science Foundation and the Department of 
Housing and Urban Development are hereby rescinded: Provided, 
That said $70,000,000 shall be derived in whole or in part from funds 
available in either or both of the following two sources: National 
Science Foundation, under the heading "Research and related 
activities" and the Department of Housing and Urban Development, 
under the heading "Annual contributions for assisted housing" from 
funds made available in prior years for nonincremental section 8 
purposes and that were unreserved and unobligated at the end of 
fiscal year 1991: Provided further. That no funds available or pro-
vided for the National Science Foundation for Arctic research pro-
grams in the above Act or any other Act may be reduced or 
rescinded under the terms of this provision. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Marine Corps, as authorized by law; 
$1,892,110,000: Provided, That none of the funds appropriated in this 
paragraph may be used for the conversion of facilities maintenance, 
utilities, and motor transport functions at Cherry Point Marine 
Corps Air Station, North Carolina, to performance by private con-
tractor under the procedures and requirements of 0MB Circular 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1155 
A-76 until the General Accounting Office completes their audit and 
validates the decision: Provided further, That of the funds appro-
priated in this paragraph, $3,000,000 shall be available for the New 
Parent Support Program. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Air Force, as authorized by law; and 
not to exceed $8,646,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or authority of the 
Secretary of the Air Force, and payments may be made on his 
certificate 
of 
necessity 
for 
confidential 
military 
purposes; 
$17,180,259,000. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by 
law; $16,408,161,000, of which not to exceed $25,000,000 may be 
available for the CINC initiative fund account; and of which not to 
exceed $15,743,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Sec-
retary of Defense, and payments may be made on his certificate of 
necessity for confidential military purposes: Provided, That of the 
funds appropriated by this paragraph, $752,835,000 shall be made 
available for the Special Operations Command: Provided 
further, 
That of the funds appropriated in this paragraph, $37,000,000 shall 
be made available only to maintain the operations and personnel 
levels of a 100-bed facility at Letterman Hospital at the Presidio, in 
San Francisco, California, and $6,000,000 shall be made available for 
the San Francisco Medical Command to provide for angioplasty 
services, increased pharmacy costs, and a 100-mile catchment area 
for cardiac surgery at Oakland Naval Hospital to compensate for the 
reduced services at Letterman Hospital: Provided further, That of 
the funds appropriated under this heading, $1,000,000 shall be made 
available to the Office of the Secretary of Defense only for the 
development and establishment of gainsharing projects: Provided 
further, That of the funds appropriated under this heading, $750,000 
shall be made available only for the conduct and preparation of an 
inventory of all the real property in the State of Hawaii that is 
owned or controlled by the United States Department of Defense 
and its components: Provided further. That of the funds appro- Establishment, 
priated under this heading, $5,000,000 shall be made available only 
for the establishment and administration of a commission, to be 
known as the "Defense Conversion Commission": Provided further, 
That: 
(a) Of the funds appropriated under this heading not less than 
$25,000,000 shall be made available only for the continued 
implementation of the Legacy Resource Management Program: 
Provided, That of this amount, not less than $10,000,000 shall be 
made available only for use in implementing cooperative agree-
ments to identify, document, and maintain biological diversity 
on military installations: Provided further. That funds appro-
105 STAT. 1156 
PUBLIC LAW 102-172—NOV. 26, 1991 
priated for the Legacy Resource Management Program shall be 
made available for the purposes set forth in section 8120 of 
Public Law 101-511 as amended by this proviso and for im-
plementing such cooperative agreements as may be concluded 
between the Department of Defense and other governmental 
Reports. 
and nongovernmental organizations or entities: Provided fur-
ther. That the Deputy Assistant Secretary of Defense (Environ-
ment) shall provide the C!ommittees on Appropriations with a 
report on the status of the Legacy Program and a five year plan 
for its development no later than June 30,1992. 
Qo) Sections 8120 (c) and (d) of the Department of Defense 
Appropriations Act, 1991 (Public Law 101-511; 104 Stat. 1905) 
are each amended by striking out "Deputy Assistant Secretary 
of Defense for Environment' and inserting "Deputy Assistant 
Secretary of Defense (Environment)" in lieu thereof. 
(c) Section 8120(d) of the Department of Defense Appropria-
tions Act, 1991 (Public Law 101-511; 104 Stat. 1905), as amended 
by subsection (a), is further amended by— 
(1) striking out "seek the participation o f and inserting 
"involve" in lieu thereof, and 
(2) by adding the following new sentences at the end of 
such section: "He shall also involve State and local agencies 
and not-for-profit organizations with special expertise in 
areas related to the purposes of the Legacy Program. Serv-
ices of State and local agencies and not-for-profit organiza-
tions may be obtained by contract, cooperative agreement, 
or grant to assist the Department of Defense in fulfilling 
the purposes of the Legacy Program.": 
Provided further, That of the funds appropriated in this paragraph, 
$300,000 shall be provided to the Maryland Hospital Association for 
a demonstration project to assist military personnel in becoming 
health care employees: Provided further. That $600,000 shall be 
provided only for two Post-Traumatic Stress Disorder Treatment 
Centers, one to be located in the State of Hawaii, and one to be 
located in Greensburg, Pennsylvania, for the purpose of treating 
military personnel, dependents, and other personnel in post-trau-
matic stress disorders: Provided 
further, 
That not less than 
$2,000,000 shall be made available only for a feasibility study on the 
use of a rotary reactor thermal destruction technology in the treat-
ment and disposal of waste regulated under the Resource Conserva-
tion and Recovery Act of 1976. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $968,200,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1157 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $825,500,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $81,700,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $1,078,700,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; hire of passenger motor 
vehicles; personnel services in the National Guard Bureau; travel 
expenses (other than mileage), as authorized by law for Army 
personnel on active duty, for Army National Guard division, regi-
mental, and battalion commanders while inspecting units in compli-
ance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; supplying and 
equipping the Army National Guard as authorized by law; and 
expenses of repair, modification, maintenance, and issue of supplies 
and equipment (including aircraft); $2,125,800,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, includ-
ing medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other nec-
essary expenses of facilities for the training and administration of 
the Air National Guard, including repair of facilities, maintenance, 
operation, and modification of aircraft; transportation of things; hire 
of passenger motor vehicles; supplies, materials, and equipment, as 
authorized by law for the Air National Guard; and expenses incident 
to the maintenance and use of supplies, materials, and equipment, 
including such as may be furnished from stocks under the control of 
agencies of the Department of Defense; travel expenses (other than 
mileage) on the same basis as authorized by law for Air National 
Guard personnel on active Federal duty, for Air National Guard 
commanders while inspecting units in compliance with National 
Guard Bureau regulations when specifically authorized by the Chief, 
National Guard Bureau; $2,281,300,000. 
105 STAT. 1158 
PUBLIC LAW 102-172—NOV. 26, 1991 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY 
For the necessary expenses and personnel services (other than pay 
and non-travel-related allowances of members of the Armed Forces 
of the United States, except for members of the Reserve components 
thereof called or ordered to active duty to provide support for the 
national matches) in accordance with law, for construction, equip-
ment, and maintenance of rifle ranges; the instruction of citizens in 
marksmanship; the promotion of rifle practice; the conduct of the 
national matches; the issuance of ammunition under the authority 
of title 10, United States Code, sections 4308 and 4311; the travel of 
rifle teams, military personnel, and individuals attending regional, 
national, and international competitions; and the payment to 
competitors at national matches under section 4312 of title 10, 
United States Code, of subsistence and travel allowances under 
section 4313 of title 10, United States Code; not to exceed $5,000,000 
of which not to exceed $7,500 shall be available for incidental 
President. 
expenses of the National Board: Provided, That the President shall 
Reports. 
assess the contributions to military readiness provided by the 
National Board for the Promotion of Rifle Practice, and report to 
the Congress the anticipated impact of the termination of funding 
by the Department of Defense for the activities and operations of the 
National Board not later than March 1,1992. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States Court of 
Military Appeals; $5,500,000, and not to exceed $2,500 can be used 
for official representation purposes. 
ENVIRONMENTAL RESTORATION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense; $1,183,900,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
research and development associated with hazardous wastes and 
removal of unsafe buildings and debris of the Department of De-
fense, or for similar purposes (including programs and operations at 
sites formerly used by the Department of Defense), transfer the 
funds made available by this appropriation to other appropriations 
made available to the Department of Defense as the Secretary may 
designate, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations of 
funds to which transferred: Provided further. That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation. 
HUMANITARIAN ASSISTANCE 
For transportation for humanitarian relief for refugees of 
Afghanistan, acquisition and shipment of transportation assets to 
assist in the distribution of such relief, and for transportation and 
distribution of humanitarian and excess nonlethal supplies for 
worldwide humanitarian relief, as authorized by law; $15,000,000, to 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1159 
remain available for obligation until September 30, 1993: Provided, 
That the Department of Defense shall notify the Committees on 
Appropriations and Armed Services of the Senate and House of 
Representatives 15 days prior to the shipment of humanitarian 
relief which is intended to be transported and distributed to coun-
tries not previously authorized by Congress. 
WORLD UNIVERSITY GAMES 
For logistical support and personnel services including initial 
planning for security needs (other than pay and nontravel related 
allowances of members of the Armed Forces of the United States, 
except for members of the Reserve components thereof called or 
ordered to active duty to provide support for the World University 
Games) provided by any component of the Department of Defense to 
the World University Games; $3,000,000. 
SUMMER OLYMPICS 
For logistical support and personnel services (other than pay and 
nontravel related allowances of members of the Armed Forces of the 
United States, except for members of the Reserve components 
thereof called or ordered to active duty to provide support for the 
1996 Games of the XXVI Olympiad to be held in Atlanta, Georgia) 
provided by any component of the Department of Defense to the 
1996 Games of the XXVI Olympiad; $2,000,000. 
REAL PROPERTY MAINTENANCE, DEFENSE 
For the maintenance of real property of the Department of De-
fense, $500,000,000 to remain available for obligation until Septem-
ber 30, 1993: Provided, That such funds shall be available only for 
repairing property which has been defined by the Defense Depart-
ment as part of a backlog of maintenance and repair projects in the 
justification material accompanying the President's budget request 
for fiscal year 1992: Provided further. That such funds shall be 
allocated by the Comptroller, Department of Defense for the projects 
determined by the Department of Defense as the highest priority for 
repair. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
105 STAT. 1160 
PUBLIC LAW 102-172—NOV. 26, 1991 
necessary for the foregoing purposes; $1,692,800,000, to remain avail-
able for obligation until September 30, 1994. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $1,006,462,000, to remain avail-
able for obligation until September 30,1994. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY 
For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $1,111,096,000, to remain available for obligation 
until September 30,1994. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation 
of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,369,080,000, to 
remain available for obligation until September 30,1994. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked 
combat 
vehicles; the purchase of not to exceed 225 passenger motor vehicles 
for replacement only; communications and electronic equipment; 
other support equipment; spare parts, ordnance, and accessories 
therefor; specialized equipment and training devices; expansion of 
public and private plants, including the land necessary therefor, for 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1161 
the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $3,063,799,000, to 
remain available for obligation until September 30,1994. 
AIRCRAFT PROCUREMENT, NAVY 
^ 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; $6,948,620,000, to remain available for 
obligation until September 30, 1994: Provided, That $851,600,000 of 
the funds appropriated in the Department of Defense Appropria-
tions Act, 1991 (Public Law 101-511) under the heading "Research, 
Development, Test and Evaluation, Navy" shall be transferred to 
"Aircraft Procurement, Navy": Provided further. That the funds 
transferred are to be available for the same time period as the 
appropriation from which transferred and for the same purposes as 
the appropriation to which transferred. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, other ordnance 
and ammunition, and related support equipment including spare 
parts, and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation 
of equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned equip-
ment layaway, as follows: 
Ballistic Missile Programs, $1,204,166,000; 
Other Missile Programs, $2,203,324,000; 
Torpedoes and Related Equipment, $689,456,000; 
Other Weapons, $130,123,000; 
Other Ordnance, $227,573,000; 
Other, $107,979,000; 
In all: $4,562,621,000, to remain available for obligation until 
September 30,1994. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
105 STAT. 1162 
PUBLIC LAW 102-172—NOV. 26, 1991 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title, as follows: 
SSN-21 attack submarine program, $1,903,225,000; 
DDG-51 destroyer program, $4,107,688,000; 
MHC coastal mine hunter program, $341,096,000; 
T-AGOS surveillance ship program, $149,000,000; 
AOE combat support ship program, $500,000,000; 
LCAC landing craft air cushion program, $504,000,000; 
Oceanographic ship program, $99,818,000; 
TAGS 39/40 program, $55,000,000: Provided, That the Sec-
retary of the Navy shall obligate $55,000,000 to increase the 
price of the TAGS 39 and 40 contract and pay the contractor 
which built and delivered the TAGS 39 and 40 if the Secretary 
reviews the matter and determines there is justification to 
make such payment; 
Sealift ship program, $600,000,000; 
For craft, outfitting, post delivery, and DBOF transfer, 
$423,921,000; 
For escalation, $463,600,000; 
For first destination transportation, $5,939,000; 
In all: $9,153,287,000, to remain available for obligation until 
September 30, 1996: Provided, That additional obligations may be 
incurred after September 30, 1996, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed 
in the final stage of ship construction: Provided further. That none 
of the funds herein provided for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign shipyards for the construction of major 
components of the hull or superstructure of such vessel: Provided 
further. That none of the funds herein provided shall be used for the 
construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support equip-
ment and materials not otherwise provided for. Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); the purchase of not to exceed 651 passenger motor 
vehicles of which 621 shall be for replacement only; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; $6,432,463,000, to remain available for 
obligation until September 30, 1994: Provided, That funds appro-
priated in this paragraph for procurement of the Enhanced Modular 
Signal Processor may be obligated for such procurement under a 
multiyear contract, in accordance with the requirements of section 
8013 of this Act. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1163 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, ammunition, military equip-
ment, spare parts, and accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; vehicles for the Marine Corps, including the 
purchase of not to exceed 45 passenger motor vehicles for replace-
ment only; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may 
be acquired and construction prosecuted thereon prior to approval of 
title; $1,079,951,000, to remain available for obligation until Septem-
ber 30,1994. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $10,412,350,000, 
to remain available for obligation until September 30,1994. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants. Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things; $5,235,450,000, to remain available for 
obligation until September 30,1994. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground 
electronic and communication equipment), and supplies, materials, 
and spare parts therefor, not otherwise provided for; the purchase of 
not to exceed 408 passenger motor vehicles of which 285 shall be for 
replacement only; and expansion of public and private plants, 
Government-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for the fore-
going purposes, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon, prior to approval of 
105 STAT. 1164 
PUBLIC LAW 102-172—NOV. 26, 1991 
title; reserve plant and Government and contractor-owned equip-
ment layaway; $8,068,104,000, to remain available for obligation 
until September 30,1994. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $1,877,800,000, to remain available 
for obligation until September 30,1994. 
PROCUREMENT, DEFENSE AGENCIES 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed 337 passenger motor vehicles for replace-
ment only; expansion of public and private plants, equipment, and 
installation thereof in such plants, erection of structures, and ac-
quisition of land for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Government 
and contractor-owned equipment layaway; $2,250,826,000, to remain 
available for obligation until September 30, 1994, of which 
$981,730,000 shall be available for the Special Operations Command. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $6,562,672,000, to remain available for obligation 
until September 30, 1993, of which not less than $6,300,000 is 
available only for the Vectored Thrust Combat Agility Demonstra-
tor flight test program utilizing the Vectored Thrust Ducted Propel-
ler upon successful completion of Phase I of this demonstration 
Establishment. 
project: Provided, That $2,000,000 shall be made available only to 
establish a Center for Prostate Disease Research at the Walter Reed 
Army Institute of Research: Provided further, That not less than 
$10,000,000 of the funds appropriated in this paragraph shall be 
made available as a grant only to the Louisiana State University, 
Louisiana for the Neuroscience Center of Excellence for laboratory 
and other efforts associated with research, development and other 
programs of major importance to the Department of Defense. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $8,557,635,000, to remain available for obligation 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1165 
until September 30, 1993: Provided, That for continued research and 
development programs at the National Center for Physical Acous-
tics, centering on ocean acoustics as it applies to advanced antisub-
marine warfare acoustics issues with focus on ocean bottom 
acoustics seismic coupling, sea-surface and bottom scattering, oce-
anic ambient noise, underwater sound propagation, bubble related 
ambient noise, acoustically active surfaces, machinery noise, propa-
gation physics, solid state acoustics, electrorheological fluids, trans-
ducer development, ultrasonic sensors, and other such projects as 
may be agreed upon, $1,000,000 shall be made available, as a grant, 
to the Mississippi Resource Development Corporation, of which not 
to exceed $250,000 of such sum may be used to provide such special 
equipment as may be required for particular projects: Provided 
further, That none of the funds appropriated in this paragraph are 
available for development of upgrades to the Surveillance Towed 
Array Sensor System that do not include the AN/UYS-2 Enhanced 
Modular Signal Processor: Provided further. That of the funds 
appropriated in this paragraph, $221,000,000 is available only for 
the Ship Self-Defense program which may be obligated only if it has 
a single program manager who is fully responsible and accountable 
for its execution: Provided further. That of the funds appropriated 
under this heading, $10,000,000 shall be available only for the 
Submarine Laser Communications project: Provided further, That of 
the funds appropriated under this heading, $5,134,000 shall be 
available only for the Gun Weapon System Advanced Technology 
program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $14,077,834,000, to remain available for obliga-
tion until September 30, 1993, of which not less than $30,000,000 is 
available only for the National Center for Manufacturing Sciences: 
Provided, That not less than $2,500,000 of the funds appropriated in 
this paragraph are available only for continuing the research pro-
gram on development of coal-based, high thermal stability and 
endothermic jet fuels, including exploratory studies on direct 
conversion of coal to thermally stable jet fuels: Provided 
further. 
That $8,000,000 of the funds appropriated in this paragraph shall be 
made available only for a side-by-side evaluation of the ALR-56M 
and the ALR-62I radar warning receivers: Provided further. That 
none of the funds appropriated by this paragraph may be used for 
the B-IB ALQ-161 CORE program or an advanced radar warning 
receiver, except for costs associated with the side-by-side testing of 
the ALR-56M and the ALR-62I: Provided further. That $5,700,000 
shall be made available only for the U.S./U.S.S.R. Joint Seismic 
Program administered by the Incorporated Research Institutions for 
Seismology: Provided further, That not less than $10,000,000 of the 
funds appropriated in this paragraph shall be made available as a 
grant only to Marywood College, Pennsylvania for laboratory and 
other efforts associated with research, development and other pro-
grams of major importance to the Department of Defense: Provided 
further. 
That of the funds appropriated in this paragraph, 
$10,000,000 shall be made available only for the modernization and 
upgrade of the Poker Flat Rocket Range: Provided further. That of 
105 STAT. 1166 
PUBLIC LAW 102-172—NOV. 26, 1991 
the funds appropriated in this paragraph, $19,500,000 shall be made 
available in the SPACETRACK program element only to establish 
an image information processing center, including a computing 
facility built around newly emerging massively parallel computing 
technology, collocated with the Air Force Maui Optical Station and 
the Maui Optical Tracking Facility. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE 
AGENCIES 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test and evaluation; 
advanced research projects as may be designated and determined by 
the Secretary of Defense, pursuant to law; maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized 
by law; $9,978,305,000, to remain available for obligation until 
September 30, 1993, of which $298,316,000 shall be available for the 
Special Operations Command: Provided, 
That not less than 
$171,000,000 of the funds appropriated in this paragraph are avail-
able only for the Extended Range Interceptor (ERINT) missile: 
Provided further, That not less than $60,000,000 of the funds appro-
priated in this paragraph are available only for the Arrow Continu-
ation 
Experiments: 
Provided 
further. 
That 
not 
less 
than 
$145,500,000 of the funds appropriated in this paragraph are avail-
able only for the Patriot missile program: Provided further. That not 
less than $10,000,000 of the funds appropriated in this paragraph 
shall be made available as a grant to the National Biomedical 
Research Foundation for laboratory efforts associated with major 
research programs in neurology, oncology, virology, cardiology, 
pediatrics and associated specialty areas of critical importance to 
the Veterans Administration and the Department of Defense: Pro-
vided further. That not less than $10,000,000 of the funds appro-
priated in this paragraph and not less than $7,000,000 of the funds 
appropriated in Public Law 101-511 for Research, Development, 
Test and Evaluation, Defense Agencies shall be available only for an 
Experimental 
Program 
to 
Stimulate 
Competitive 
Research 
(EPSCOR) in the Department of Defense which shall include all 
States eligible for the National Science Foundation Experimental 
Program to Stimulate Competitive Research: Provided further. That 
none of the funds in this paragraph may be obligated for the 
development of the Superconductive Magnetic Energy Storage 
system unless its processes, materials, and components are substan-
tially manufactured in the United States: Provided further, That of 
the funds appropriated in Public Law 101-511 for Research, Devel-
opment, Test and Evaluation, Defense Agencies, any unobligated 
funds provided for the Superconductive Magnetic Energy Storage 
system shall be obligated within 120 days after enactment of this 
Act: Provided further. That the Secretary of Defense shall complete 
the 
Phase 
One 
contractor 
down-selection 
process 
for 
the 
Superconductive Magnetic Energy Storage system within 60 days 
after enactment of this Act: Provided further, That of the funds 
appropriated in Public Law 101-511 for Research, Development, 
Test and Evaluation, Defense Agencies, $25,000,000 provided for the 
Strategic Environmental Research Program shall be obligated for 
the procurement, installation and operation of a supercomputer to 
support the Arctic Region Supercomputing Center: Provided further. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1167 
That not less than $6,000,000 of the funds appropriated in this 
paragraph shall be made available as a grant only to the University 
of Texas at Austin for laboratory and other efforts associated with 
research, development and other programs of major importance to 
the Department of Defense: Provided further, That not less than 
$6,000,000 of the funds appropriated in this paragraph shall be made 
available as a grant only to the Northeastern University for labora-
tory and other efforts associated with research, development and 
other programs of major importance to the Department of Defense: 
Provided further, That not less than $5,000,000 of the funds appro-
priated in this paragraph shall be made available as a grant only to 
the Texas Regional Institute for Environmental Studies for labora-
tory and other efforts associated with research, development and 
other programs of major importance to the Department of Defense: 
Provided further, That not less than $7,700,000 of the funds appro-
priated in this paragraph shall be made available as a grant only to 
the Kansas State University for laboratory and other efforts associ-
ated with research, development and other programs of major 
importance to the Department of Defense: Provided further, That 
not less than $1,600,000 of the funds appropriated in this paragraph 
shall be made available as a grant only to the University of Wiscon-
sin for laboratory and other efforts associated with research, devel-
opment and other programs of major importance to the Department 
of Defense: Provided further. That not less than $29,000,000 of the 
funds appropriated in this paragraph shall be made available as a 
grant only to the Boston University for laboratory and other efforts 
associated with research, development and other programs of major 
importance to the Department of Defense: Provided further. That 
not less than $250,000 of the funds appropriated in this paragraph 
shall be made available as a grant only to the Medical College of 
Ohio for laboratory and other efforts associated with research, 
development and other programs of major importance to the Depart-
ment of Defense: Provided further, That not less than $500,000 of the 
funds appropriated in this paragraph shall be made available as a 
grant only to the University of South Carolina for laboratory and 
other efforts associated with research, development and other pro-
grams of major importance to the Department of Defense: Provided 
further. That not less than $750,000 of the funds appropriated in this 
paragraph shall be made available as a grant only to the George 
Mason University for laboratory and other efforts associated with 
research, development and other programs of major importance to 
the Department of Defense: Provided further. That not less than 
$2,300,000 of the funds appropriated in this paragraph shall be made 
available as a grant only to Monmouth College for laboratory and 
other efforts associated with research, development and other pro-
grams of major importance to the Department of Defense: Provided 
further. That not less than $10,000,000 of the funds appropriated in 
this paragraph shall be made available as a grant only to the 
University of Minnesota for laboratory and other efforts associated 
with research, development and other programs of major impor-
tance to the Department of Defense: Provided further. That not less 
than $500,000 of the funds appropriated in this paragraph shall be 
made available as a grant only to the University of Saint Thomas in 
Saint Paul, Minnesota for laboratory and other efforts associated 
with research, development and other programs of major impor-
tance to the Department of Defense: Provided further. That not less 
than $2,000,000 of the funds appropriated in this paragraph shall be 
105 STAT. 1168 
PUBLIC LAW 102-172—NOV. 26, 1991 
made available as a grant only to the Brandeis University for 
laboratory and other efforts associated with research, development 
and other programs of major importance to the Department of 
Defense: Provided further, That not less than $3,000,000 of the funds 
appropriated in this paragraph shall be made available as a grant 
only to the New Mexico State University for laboratory and other 
efforts associated with research, development and other programs of 
major importance to the Department of Defense: Provided further, 
That not less than $25,000,000 of the funds appropriated in this 
paragraph shall be available only for development of advanced 
superconducting multi-chip modules, superconducting materials, 
and diamond substrate material technologies. 
GENERAL PROVISION 
SEC. 401. Funds appropriated in this title that are directed to be 
made available for a grant to, or contract with, a college or univer-
sity for the performance of research and development or for 
construction of a research or other facility shall be made available 
for that purpose without regard to, and (to the extent necessary) in 
contravention of, section 2361 of title 10, United States Ck)de, which 
is hereby modified and superseded to the extent necessary to make 
each such grant or award each such contract, and any such grant or 
contract shall be made without regard to any of the conditions 
specified in subsection (b) of that section or section 2304 of title 10, 
United States Code: Provided, That funds appropriated in this title 
and in title IV of Public Law 101-511 to develop Global Positioning 
System range equipment under the auspices of the Range Applica-
tions Joint Program Office may not be used to purchase more than 
eight systems. 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activities 
of the Deputy Director of Defense Research and Engineering (Test 
and Evaluation) in the direction and supervision of developmental 
test and evaluation, including performance and joint developmental 
testing and evaluation; and administrative expenses in connection 
therewith; $211,277,000, to remain available for obligation until 
September 30,1993. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith; $14,200,000, to remain available for obligation 
until September 30,1993. 
TITLE V 
DEFENSE BUSINESS OPERATIONS FUND 
For the Defense Business Operations Fund; $3,424,200,000. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1169 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of 
the Department of Defense Authorization Act, 1986, as follows: for 
Operation 
and 
maintenance, 
$208,698,000; for 
Procurement, 
$151,800,000 to remain available until September 30, 1994; for Re-
search, development, test and evaluation, $13,900,000 to remain 
available until September 30, 1993; In all: $374,398,000: Provided, 
That none of the funds in this Act may be obligated or expended for 
the procurement of equipment for chemical weapon disposal facili-
ties at Anniston Army Depot or Umatilla Army Depot until the 
Secretary of the Army certifies to the Congress that Phase III of 
Operational Verification Testing at the Johnston Atoll Chemical 
Agent Destruction Facility has begun. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For 
drug 
interdiction 
and 
counter-drug 
activities of the 
Department of Defense, for transfer to appropriations available to 
the Department of Defense for military personnel of the reserve 
components serving under the provisions of title 10 and title 32, 
United States Code; for Operation and maintenance; for Procure-
ment; and for Research, development, test and 
evaluation; 
$1,188,600,000: Provided, That the funds appropriated by this para-
graph shall be available for obligation for the same time period and 
for the same purpose as the appropriation to which transferred: 
Provided further. That the transfer authority provided in this para-
graph is in addition to any transfer authority contained elsewhere 
in this Act: Provided further, That $60,000,000 shall be transferred 
from the MX Missile Program in "Missile Procurement, Air Force, 
1991/1993" to the ''Drug Interdiction and Counter-Drug Activities, 
Defense" account in order to procure no fewer than four aerostat 
radar surveillance systems. The amounts transferred shall be avail-
able for the same purposes as the appropriation to which trans-
ferred, and for the same time period as the appropriation from 
which transferred: Provided further. That of the funds appropriated 
in this paragraph, not less than $7,500,000 shall be available only for 
the Gulf States Counter-Narcotics Initiative. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, 
as 
amended, 
as 
follows: 
for 
Operation 
and 
maintenance, 
$115,900,000; for Procurement, $300,000; In all: $116,200,000: Pro-
vided, That the amount provided for Procurement shall remain 
available until September 30, 1994. 
105 STAT. 1170 
PUBLIC LAW 102-172—NOV. 26, 1991 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $164,100,000. 
INTELUGENCE COMMUNITY STAFF 
For necessary expenses of the Intelligence Community Staff; 
$28,819,000. 
NATIONAL SECURITY EDUCATION TRUST FUND 
Of the funds appropriated in this Act, $150,000,000 shall be made 
available only for the National Security Education Trust Fund 
pursuant to the provisions of title VIII of the Intelligence Authoriza-
tion Act (H.R. 2038), for fiscal year 1992. 
TITLE VIII 
10 u s e 1584 
note. 
Government 
employees. 
Wages. 
Philippines. 
Turkey. 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases 
granted to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed 
under the provisions of section 5332 of title 5, United States Code, or 
at a rate in excess of the percentage increase provided by the 
appropriate host nation to its own employees, whichever is higher: 
Provided further, That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense in 
the Republic of the Philippines and foreign national employees of 
the Department of Defense in the Republic of Turkey: Provided 
further, That this section shall not apply to Department of Defense 
foreign service national employees serving at United States diplo-
matic missions whose pay is set by the Department of State under 
the Foreign Service Act of 1980. 
SEC. 8003. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein. 
SEC. 8004. No more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1171 
of active duty training of reserve components or summer camp 
training of the Reserve Officers' Training Corps, or the National 
Board for the Promotion of Rifle Practice, Army. 
SEC. 8005. No part of any appropriation contained in this Act, 
except for small purchases in amounts not exceeding $25,000, shall 
be available for the procurement of any article or item of food, 
clothing, tents, tarpaulins, covers, cotton and other natural fiber 
products, woven silk or woven silk blends, spun silk yarn for car-
tridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, or wool (whether in the form of fiber or yarn or contained 
in fabrics, materials, or manufactured articles), or any item of 
individual equipment manufactured from or containing such fibers, 
yarns, fabrics, or materials, or specialty metals including stainless 
steel flatware, or hand or measuring tools, not grown, reprocessed, 
reused, or produced in the United States or its possessions, except to 
the extent that the Secretary of the Department concerned shall 
determine that satisfactory quality and sufficient quantity of any 
articles or items of food, individual equipment, tents, tarpaulins, 
covers, or clothing or any form of cotton or other natural fiber 
products, woven silk and woven silk blends, spun silk yarn for 
cartridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, wool, or specialty metals including stainless steel flatware, 
grown, reprocessed, reused, or produced in the United States or its 
possessions cannot be procured as and when needed at United States 
market prices and except procurements outside the United States in 
support of combat operations, procurements by vessels in foreign 
waters, and emergency procurements or procurements of perishable 
foods by establishments located outside the United States for the 
personnel attached thereto: Provided, That nothing herein shall Foreign trade. 
preclude the procurement of specialty metals or chemical warfare 
protective clothing produced outside the United States or its posses-
sions when such procurement is necessary to comply with agree-
ments with foreign governments requiring the United States to 
purchase supplies from foreign sources for the purposes of offsetting 
sales made by the United States Government or United States firms 
under approved programs serving defense requirements or where 
such procurement is necessary in furtherance of agreements with 
foreign governments in which both governments agree to remove 
barriers to purchases of supplies produced in the other country or 
services performed by sources of the other country, so long as such 
agreements with foreign governments comply, where applicable, 
with the requirements of section 36 of the Arms Export Control Act 
and with section 2457 of title 10, United States Code: Provided 
further, That nothing herein shall preclude the procurement of 
foods manufactured or processed in the United States or its posses-
sions. 
(TRANSFER OF FUNDS) 
SEC. 8006. Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to 
exceed $1,500,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) be-
tween such appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for the 
105 STAT. 1172 
PUBLIC LAW 102-172—NOV. 26, 1991 
same time period, as the appropriation or fund to which transferred: 
Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by Congress: 
Provided further. That the Secretary of Defense shall notify the 
Congress promptly of all transfers made pursuant to this authority 
or any other authority in this Act. 
(TRANSFER OF FUNDS) 
SEC. 8007. During the current fiscal year, cash balances in work-
ing capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That transfers may be 
made between such funds and the "Foreign Currency Fluctuations, 
Defense" and "Operation and Maintenance" appropriation accounts 
in such amounts as may be determined by the Secretary of Defense, 
with the approval of the Office of Management and Budget, except 
that such transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital 
funds in this Act, no obligations may be made against a working 
capital fund to procure war reserve material inventory, unless the 
Secretary of Defense has notified the Congress prior to any such 
obligation. 
SEC. 8008. (a) None of the funds available to the Department of 
Defense in this Act shall be used by the Secretary of a military 
department to purchase coal or coke from foreign nations for use at 
United States defense facilities in Europe when coal from the 
United States is available. 
(b) None of the funds available to the Department of Defense in 
this Act shall be utilized for the conversion of heating plants from 
coal to oil or coal to natural gas at defense facilities in Europe, 
except as provided in section 2690 of title 10, United States Code, 
and thirty days after the Secretary of Defense has notified the 
Committees on Appropriations of the Senate and House of Rep-
resentatives: Provided, That this limitation shall apply to any 
authority granted pursuant to section 9008 of the Department of 
Defense Appropriations Act, 1990. 
Germany. 
(c) Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under 
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in 
the Kaiserslautern Military Community in the Federal Republic of 
Germany: Provided, That in the City of Kaiserslautern such agree-
ments will include the use of United States anthracite as the base 
load energy for municipal district heat to the United States Defense 
installations: Provided further. That at Landstuhl Army Regional 
Medical Center and Ramstein Air Base, furnished heat may be 
obtained from private or municipal services, if provisions are in-
cluded for the consideration of United States coal as an energy 
source. 
SEC. 8009. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 cal-
endar days in session in advance to the Committees on Appropria-
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1173 
tions and Armed Services of the Senate and House of Representa-
tives. 
SEC. 8010. No part of the funds in this Act shall be available to 
prepare or present a request to the Committees on Appropriations 
for reprogramming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which origi-
nally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress. 
SEC. 8011. None of the funds contained in this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
shall be available for payments to physicians and other authorized 
individual health care providers in excess of the amounts allowed in 
fiscal year 1991 for similar services, except that: (a) for services for 
which the Secretary of Defense determines an increase is justified 
by economic circumstances, the allowable amounts may be in-
creased in accordance with appropriate economic index data similar 
to that used pursuant to title XVIII of the Social Security Act; and 
O
b
) for services the Secretary determines are overpriced based on an 
analysis similar to that used pursuant to title XVIII of the Social 
Security Act, the allowable amounts shall be reduced by not more 
than 15 percent. The Secretary shall solicit public comment prior to 
promulgating regulations to implement this section. 
SEC. 8012. None of the funds appropriated by this Act for pro-
grams of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30,1994. 
SEC. 8013. None of the funds provided in this Act shall be avail-
able to initiate (1) a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year of the 
contract or that includes an unfunded contingent liability in excess 
of $20,000,000, or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity procure-
ment in excess of $20,000,000 in any one year, unless the Commit-
tees on Appropriations and Armed Services of the Senate and House 
of Representatives have been notified at least thirty days in advance 
of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further. That no part of any appropriation con-
tained in this Act shall be available to initiate multiyear procure-
ment contracts for any systems or component thereof if the value of 
the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procure-
ment contract can be terminated without 10-day prior notification to 
the Committees on Appropriations and Armed Services of the House 
of Representatives and the Senate: Provided further. That the execu-
tion of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procure-
ment. Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows: 
MK-48 ADCAP Torpedo; 
UH-60 Black Hawk Helicopter; and 
Army Tactical Missile. 
105 STAT. 1174 
PUBLIC LAW 102-172—NOV. 26, 1991 
(TRANSFER OF FUNDS) 
SEC. 8014. None of the funds appropriated in this Act may be 
made available through transfer, reprogramming, or other means 
between the Central Intelligence Agency and the Department of 
Defense for any intelligence or special activity different from that 
previously justified to the Congress unless the Director of Central 
Intelligence or the Secretary of Defense has notified the House and 
Senate Appropriations Committees of the intent to make such funds 
available for such activity. 
SEC. 8015. (a) None of the funds appropriated by this Act shall be 
available to convert a position in support of the Army Reserve, Air 
Force Reserve, Army National Guard, and Air National Guard 
occupied by, or programmed to be occupied by, a (civilian) military 
technician to a position to be held by a person in an active duty 
status or active Guard or Reserve status if that conversion would 
reduce the total number of positions occupied by, or programmed to 
be occupied by, (civilian) military technicians of the component 
concerned, below 71,168: Provided, That none of the funds appro-
priated by this Act shall be available to support more than 48,093 
positions in support of the Army Reserve, Army National Guard, or 
Air National Guard occupied by, or programmed to be occupied by, 
persons in an active Guard or Reserve status: Provided further. That 
none of the funds appropriated by this Act may be used to include 
(civilian) military technicians in computing civilian personnel ceil-
ings, including statutory or administratively imposed ceilings, on 
activities in support of the Army Reserve, Air Force Reserve, Army 
National Guard, or Air National Guard. 
(b) None of the funds appropriated by this Act shall be used to 
include (civilian) military technicians in any administratively im-
posed freeze on civilian positions. 
Indians. 
SEC. 8015A. Notwithstanding any other provision of law, govern-
Real property. 
ments of Indian tribes shall be treated as State and local govern-
ments for the purposes of disposition of real property recommended 
for closure in the report of the Defense Secretary's Commission on 
Base Realignments and Closures, December 1988, the report to the 
President from the Defense Base Closure and Realignment Commis-
sion, July 1991, and Public Law 100-526. 
SEC. 8016. (a) The provisions of section 115(b)(2) of title 10, United 
States Code, shall not apply with respect to fiscal year 1992 or with 
respect to the appropriation of funds for that year. 
(b) During fiscal year 1992, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal 
year shall not be subject to any constraint or limitation (known as 
an end-strength) on the number of such personnel who may be 
employed on the last day of such fiscal year. 
(c) The fiscal year 1993 budget request for the Department of 
Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1993 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard to 
fiscal year 1993. 
SEC. 8017. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1175 
Petroleum. 
Israel. 
SEC. 8018. None of the funds appropriated by this Act shall be 
obligated for the pay of any individual who is initially employed 
after the date of enactment of this Act as a technician in the 
administration and training of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve unless such 
individual is also a military member of the Army Reserve troop 
program unit that he or she is employed to support. Those techni-
cians employed by the Army Reserve in areas other than Army 
Reserve troop program units need only be members of the Selected 
Reserve. 
SEC. 8018A. Funds made available by this Act shall be available to 
the Department of Defense for purchasing and storing petroleum 
products in Israel in order to meet emergency and other military 
needs of the United States as agreed to in a memorandum of 
agreement between the United States and Israel which should be 
concluded promptly on terms and conditions acceptable to the 
governments of both countries: Provided, That any memorandum of 
agreement entered into as described in this section shall be 
transmitted to the Committees on Armed Services and on Appro-
priations of the Senate and the House of Representatives and shall 
not take effect until 60 days after the date of the transmittal to such 
committees: Provided further, That in the event of a wartime emer-
gency or a state of heightened military readiness on the part of 
Israel, all or part of the stock purchased pursuant to this section 
may be withdrawn and used by the armed forces of Israel (1) with 
the agreement of the governments of the United States and Israel as 
provided for in the memorandum of agreement, (2) with notification 
of the Congress in accordance with section 652 of the Foreign 
Assistance Act of 1961, and (3) subject to the requirement that the 
government of Israel promptly and fully reimburse the Government 
of the United States for each such withdrawal in accordance with 
the terms of the memorandum of agreement: Provided further, That 
section 8110 of Public Law 101-511 is hereby repealed. 
SEC. 8019. Notwithstanding any other provision of law, the Army 
Central Hospital Fund, a Non Appropriated Fund Instrumentality, 
shall be terminated upon enactment of this Act. All residual funds 
will, on that date, be transferred to an appropriated trust fund 
established by the Secretary of the Army for the operation and 
maintenance of "Fisher Houses" located in proximity to Army 
Medical Treatment Facilities. The Secretary shall promulgate regu- Regulations, 
lations governing the expenditure and accountability of these funds. 
SEC. 8020. None of the funds available to the Department of 
Defense may be used for the floating storage of petroleum or 
petroleum products except in vessels of or belonging to the United 
States. 
SEC. 8021. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated 
pursuant to section 401 of title 10, United States Code, for humani-
tarian and civic assistance costs under chapter 20 of title 10, United 
States Code. Such funds may also be obligated for humanitarian and Reports, 
civic assistance costs incidental to authorized operations and pursu-
ant to authority granted in section 401 of chapter 20 of title 10, 
United States Code, and these obligations shall be reported to 
Congress on September 30 of each year: Provided, That funds avail-
able for operation and maintenance shall be available for providing 
humanitarian and similar assistance by using Civic Action Teams in 
the Trust Territories of the Pacific Islands and freely associated 
104 Stat. 1903. 
10 u s e 401 note. 
Pacific Islands. 
Micronesia. 
105 STAT. 1176 
PUBLIC LAW 102-172—NOV. 26, 1991 
Territories. 
Armed Forces 
reserves. 
states of Micronesia, pursuant to the Compact of Free Association as 
authorized by Public Law 99-239: Provided further, That upon a 
determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at 
Army medical facilities located in Hawaii, the Secretary of the 
Army may authorize the provision of medical services at such 
facilities and transportation to such facilities, on a nonreimbursable 
basis, for civilian patients from American Samoa, the Common-
wealth of the Northern Mariana Islands, the Marshall Islands, the 
Federated States of Micronesia, Palau, and Guam. 
SEC. 8022. Notwithstanding any other provision of law, the Sec-
retaries of the Army and Air Force may authorize the retention in 
an active status until age sixty of any officer who would otherwise 
be removed from an active status and who is employed as a National 
Guard or Reserve technician in a position in which active status in a 
reserve component of the Army or Air Force is required as a 
condition of that employment. 
SEC. 8023. Funds available for operation and maintenance under 
this Act, may be used in connection with demonstration projects and 
other activities authorized by section 1092 of title 10, United States 
Code. 
SEC. 8024. (a) None of the funds appropriated by this Act, shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of enactment of this Act— 
(1) enlists in the armed services for a period of active duty of 
less than three years; or 
(2) receives an enlistment bonus under section 308a or 308f of 
title 37, United States Code, 
nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the 
Treasury to the Secretary of Veterans Affairs pursuant to section 
2006(d) of title 10, United States Code; nor shall the Secretary of 
Veterans Affairs pay such benefits to any such member: Provided, 
That, in the case of a member covered by clause (1), these limitations 
shall not apply to members in combat arms skills or to members 
who enlist in the armed services on or after July 1, 1989, under a 
program continued or established by the Secretary of Defense in 
fiscal year 1991 to test the cost-effective use of special recruiting 
incentives involving not more than nineteen noncombat arms skills 
approved in advance by the Secretary of Defense: Provided further. 
That no contribution to the Fund pursuant to section 2006(g) shall 
be made during the current fiscal year that represents liabilities 
arising from the Department of the Army: Provided further. That 
this subsection applies only to active components of the Army, 
(b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by 
the Secretary of Veterans Affairs from the Department of Defense 
Education Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Provided, That 
this subsection shall not apply to those members who have re-
enlisted with this option prior to October 1, 1987: Provided further. 
That this subsection applies only to active components of the Army. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1177 
SEC. 8025. Funds appropriated in this Act shall be available for 
the payment of not more than 75 percent of the charges of a 
postsecondary educational institution for the tuition or expenses of 
an officer in the Ready Reserve of the Army National Guard or 
Army Reserve for education or training during his off-duty periods, 
except that no part of the charges may be paid unless the officer 
agrees to remain a member of the Ready Reserve for at least four 
years after completion of such training or education. 
SEC. 8026. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or func-
tion of the Department of Defense that, on or after the date of 
enactment of this Act, is performed by more than ten Department of 
Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function and 
certification of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate: Provided, 
That this section shall not apply to a commercial or industrial type 
function of the Department of Defense that: (1) is included on the 
procurement list established pursuant to section 2 of the Act of June 
25, 1938 (41 U.S.C. 47), popularly referred to as the Javits-Wagner-
O'Day Act; (2) is planned to be converted to performance by a 
qualified nonprofit agency for the blind or by a qualified nonprofit 
agency for other severely handicapped individuals in accordance 
with that Act or; (3) is planned to be converted to performance by a 
qualified firm under 51 percent Native American ownership. 
SEC. 8027. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for procurement of 
120mm mortars or 120mm mortar ammunition manufactured out-
side of the United States: Provided, That this limitation shall not 
apply to procurement of such mortars or ammunition required for 
testing, evaluation, type classification or equipping the Army's 
Ninth Infantry Division (Motorized). 
SEC. 8027A. Notwithstanding any other provision of law, section 
8095 of the Department of Defense Appropriations Act, 1991 (Public 
Law 101-511; 104 Stat. 1896) is hereby repealed. 
50 USC 98e note. 
SEC. 8028. None of the funds appropriated or made available by 
this Act may be obligated for acquisition of major automated 
information systems which have not successfully completed over-
sight reviews required by Defense Department regulations: Pro-
vided, That none of the funds appropriated or made available by this 
Act may be obligated on Composite Health Care System acquisition 
contracts if such contracts would cause the total life cycle cost 
estimate of $1,600,000,000 expressed in fiscal year 1986 constant 
dollars to be exceeded. 
SEC. 8029. None of the funds provided by this Act may be used to 
pay the salaries of any person or persons who authorize the transfer 
of unobligated and deobligated appropriations into the Reserve for 
Contingencies of the Central Intelligence Agency. 
SEC. 8030. Funds appropriated by this Act for construction 
projects of the Central Intelligence Agency, which are transferred to 
another Agency for execution, shall remain available until ex-
pended. 
SEC. 8031. Notwithstanding any other provision of law, the Sec-
retary of the Navy may use funds appropriated to charter ships to 
be used as auxiliary minesweepers providing that the owner agrees 
that these ships may be activated as Navy Reserve ships with Navy 
AO-tOA rt - Q9 _ a • Ca. 3 P a r t 2 
105 STAT. 1178 
PUBLIC LAW 102-172—NOV. 26, 1991 
California. 
Hawaii. 
10 use 1073 
note. 
Contracts. 
Reserve crews used in training exercises conducted in accordance 
with law and policies governing Naval Reserve forces. 
SEC. 8032. None of the funds in this Act may be used to execute a 
contract for the Civilian Health and Medical Program of the Uni-
formed Services (CHAMPUS) Reform Initiative that exceeds the 
total fiscal year 1987 costs for CHAMPUS care provided in Califor-
nia and Hawaii, plus normal and reasonable adjustments for price 
and program growth: Provided, That notwithstanding any other 
provision of law, the CHAMPUS Reform Initiative contract for 
California and Hawaii shall be extended until February 1, 1994, 
within the limits and rates specified in the contract: Provided 
further, That the Department shall competitively award contracts 
for the geographic expansion of the CHAMPUS Reform Initiative in 
Florida (which may include Department of Veterans Affairs medical 
facilities with the concurrence of the Secretary of Veterans Affairs), 
Washington, Oregon, and the Tidewater region of Virginia: Provided 
further. That competitive expansion of the CHAMPUS Reform Ini-
tiative may occur in any other regions that the Assistant Secretary 
of Defense for Health Affairs deems appropriate. 
SEC. 8033. Funds appropriated or made available in this Act shall 
be obligated and expended to continue to fully utilize the facilities at 
the United States Army Engineer's Waterways Experiment Station, 
including the continued availability of the supercomputer capabil-
ity: Provided, That none of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
Armed Services and Appropriations Committees of Congress that 
such an acquisition must be made in order to acquire capability for 
national security purposes that is not available from United States 
manufacturers. 
SEC. 8034. None of the funds provided in this Act shall be avail-
able for use by a Military Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Military Depart-
ment concerned plans to retire or otherwise dispose of within five 
years after completion of the modification: Provided, That this 
prohibition shall not apply to safety modifications: Provided further. 
That this prohibition may be waived by the Secretary of a Military 
Department if the Secretary determines it is in the best national 
security interest of the country to provide such waiver and so 
notifies the congressional defense committees in writing. 
SEC. 8035. For the purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99-177) as amended by 
the Balanced Budget and Emergency Deficit Control Reaffirmation 
Act of 1987 (Public Law 100-119) and by the Budget Enforcement 
Act of 1990 (Public Law 101-508), the term program, project, and 
activity for appropriations contained in this Act shall be defined as 
the most specific level of budget items identified in the Department 
of Defense Appropriations Act, 1992, the accompanying House and 
Senate Committee reports, the conference report and accompanying 
joint explanatory statement of the managers of the Committee of 
Conference, the related classified annexes, and the P-1 and R-1 
budget justification documents as subsequently modified by Congres-
sional action: Provided, That the following exception to the above 
definition shall apply: 
For the Military Personnel and the Operation and Maintenance 
accounts, the term "program, project, and activity" is defined as the 
appropriations accounts contained in the Department of Defense 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1179 
Appropriations Act: Provided further, That at the time the Presi-
dent submits his budget for fiscal year 1993, the Department of 
Defense shall transmit to the Committees on Appropriations and the 
Committees on Armed Services of the Senate and the House of 
Representatives a budget justification document to be known as the 
" 0 - 1 " which shall identify, at the budget activity, activity group, 
and subactivity group level, the amounts requested i
D
y the President 
to be appropriated to the Department of Defense for operation and 
maintenance in any budget request, or amended budget request, for 
fiscal year 1993. 
SEC. 8036. Of the funds appropriated to the Army, $172,072,000 
shall be available only for the Reserve Component Automation 
System (RCAS): Provided, That none of these funds can be ex-
pended— 
(1) except as approved by the Chief of the National Guard 
Bureau; 
(2) unless RCAS resource management functions are per-
formed by the National Guard Bureau; 
(3) unless the RCAS contract source selection official is the 
Chief of the National Guard Bureau; 
(4) to pay the salary of an RCAS program manager who has 
not been selected and approved by the Chief of the National 
Guard Bureau and chartered by the Chief of the National 
Guard Bureau and the Secretary of the Army; 
(5) unless the Program Manager (PM) charter makes the PM 
accountable to the source selection official and fully defines his 
authority, responsibility, reporting channels and organizational 
structure; 
(6) to pay the salaries of individuals assigned to the RCAS 
program management office, source selection evaluation board, 
and source selection advisory board unless such organizations 
are comprised of personnel chosen jointly by the Chiefs of the 
National Guard Bureau and the Army Reserve; 
(7) to award a contract for development or acquisition of 
RCAS unless such contract is competitively awarded under 
procedures of 0MB Circular A-109 for an integrated system 
consisting of software, hardware, and communications equip-
ment and unless such contract precludes the use of Government 
furnished equipment, operating systems, and executive and 
applications software; and 
(8) unless RCAS performs its own classified information 
processing. 
SEC. 8037. None of the funds provided for the Department of 
Defense in this Act may be obligated or expended for fixed price-
type contracts in excess of $10,000,000 for the development of a 
major system or subsystem unless the Under Secretary of Defense 
for Acquisition determines, in writing, that program risk has been 
reduced to the extent that realistic pricing can occur, and that the 
contract type permits an equitable and sensible allocation of pro-
gram risk between the contracting parties: Provided, That the 
Under Secretary may not delegate this authority to any persons who 
hold a position in the Office of the Secretary of Defense below the 
level of Assistant Secretary of Defense: Provided further, That at 
least thirty days before making a determination under this section 
the Secretary of Defense will notify the Committees on Appropria-
tions of the Senate and House of Representatives in writing of his 
intention to authorize such a fixed price-type developmental con-
105 STAT. 1180 
PUBLIC LAW 102-172—NOV. 26, 1991 
tract and shall include in the notice an explanation of the reasons 
for the determination. 
SEC. 8038. Monetary limitations on the purchase price of a pas-
senger motor vehicle shall not apply to vehicles purchased for 
intelligence activities conducted pursuant to Executive Order 12333 
or succGSsoi" orders 
SEC. 8039. Not to exceed $20,000,000 of the funds available to the 
Department of the Army during the current fiscal year may be used 
to fund the construction of classified military projects within the 
Continental United States, including design, architecture, and 
engineering services. 
SEC. 8040. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are 
manufactured in the United States from components which are 
substantially manufactured in the United States: Provided, That for 
the purpose of this section manufactured will include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process): Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufac-
tured in the United States if the aggregate cost of the components 
produced or manufactured in the United States exceeds the aggre-
gate cost of the components produced or manufactured outside the 
United States: Provided further. That when adequate domestic sup-
plies are not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the service responsible for the 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations that such 
an acquisition must be made in order to acquire capability for 
national security purposes. 
SEC. 8040A. The Secretary of Defense shall take such action as 
necessary to assure that a minimum of 75 percent of the coal and 
petroleum pitch carbon fiber requirement be procured from domes-
tic sources by 1994. 
(TRANSFER OF FUNDS) 
SEC. 8041. Notwithstanding any other provision of law, the 
Department of Defense may transfer prior year unobligated bal-
ances and funds appropriated in this Act to the operation and 
maintenance appropriations for the purpose of providing military 
technician and Department of Defense medical personnel pay and 
medical programs (including CHAMPUS) the same exemption from 
sequestration set forth in the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177) as amended by the 
Balanced Budget and Emergency Deficit Control Reaffirmation Act 
of 1987 (Public Law 100-119) and by the Budget Enforcement Act of 
1990 (Public Law 101-508) as that granted the other military person-
nel accounts: Provided, That any transfer made pursuant to any use 
of the authority provided by this provision shall be limited so that 
the amounts reprogrammed to the operation and maintenance 
appropriations do not exceed the amounts sequestered under the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public 
Law 99-177) as amended by the Balanced Budget and Emergency 
Deficit Control Reaffirmation Act of 1987 (Public Law 100-119) and 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1181 
by the Budget Enforcement Act of 1990 (Public Law 101-508): 
Provided further. That the authority to make transfers pursuant to 
this section is in addition to the authority to make transfers under 
other provisions of this Act: Provided further, That the Secretary of 
Defense may proceed with such transfer after notif5dng the Appro-
priations Committees of the House of Representatives and the 
Senate twenty calendar days in session before any such transfer of 
funds under this provision. 
SEC. 8042. None of the funds available to the Department of the 
Navy may be used to enter into any contract for the overhaul, 
repair, or maintenance of any naval vessel homeported on the West 
Coast of the United States which includes charges for interport 
differential as an evaluation factor for award. 
SEC. 8043. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) shall be available for the reimbursement of any health 
care provider for inpatient mental health service in excess of thirty 
days in any year, in the case of a patient nineteen years of age or 
older, forty-five days in any year in the case of a patient under 
nineteen years of age, or one hundred and fifty days in any year in 
the case of inpatient mental health services provided as residential 
treatment care, or for care received when a patient is referred to a 
provider of inpatient mental health care or residential treatment 
care by a medical or health care professional having an economic 
interest in the facility to which the patient is referred: Provided, Handicapped. 
That these limitations do not apply in the case of inpatient mental 
health services provided under the program for the handicapped 
under subsection (d) of section 1079 of title 10, United States Code, 
provided as partial hospital care, or provided pursuant to a waiver 
authorized by the Secretary of Defense because of medical or psycho-
logical circumstances of the patient that are confirmed by a health 
professional who is not a Federal employee after a review, pursuant 
to rules prescribed by the Secretary, which takes into account the 
appropriate level of care for the patient, the intensity of services 
required by the patient, and the availability of that care: Provided 
further. That the Secretary of Defense (after consulting with the 
other administering Secretaries) may prescribe separate pajnnent 
requirements (including deductibles, copayments, and catastrophic 
limits) for the provision of mental health services to persons covered 
by this provision or section 1086 of title 10, United States Code. The 
payment requirements may vary for different categories of covered 
beneficiaries, by type of mental health service provided, and based 
on the location of the covered beneficiaries: Provided further. That 
except in the case of an emergency, the Secretary of Defense shall 
require preadmission authorization before inpatient mental health 
services may be provided to persons covered by this provision or 
section 1086 of title 10, United States Code. In the case of the 
provision of emergency inpatient mental health services, approval 
for the continuation of such services shall be required within 72 
hours after admission. 
SEC. 8044. The designs of the Army LH helicopter, the Navy A-X 
Aircraft, the Air Force Advanced Tactical Fighter, and any variants 
of these aircraft, must incorporate Joint Integrated Avionics Work-
ing Group standard avionics specifications and must fully comply 
with all DOD regulations requiring the use of the Ada computer 
programming language no later than 1998: Provided, That effective 
July 1, 1992 all new Department of Defense procurements shall 
Transportation. 
Computer 
technology. 
105 STAT. 1182 
PUBLIC LAW 102-172—NOV. 26, 1991 
separately identify software costs in the work breakdown structure 
defined by MIL-STD-881 in those instances where software is 
considered to be a major category of cost. 
SEC. 8045. Of the funds appropriated, reimbursable expenses in-
curred by the Department of Defense on behalf of the Soviet Union 
in monitoring United States implementation of the Treaty Between 
the United States of America and the Union of Soviet Socialist 
Republics on the Elimination of Their Intermediate-Range or 
Shorter-Range Missiles ("INF Treaty"), concluded December 8,1987, 
may be treated as orders received and obligation authority for the 
applicable appropriation, account, or fund increeised accordingly. 
Likewise, any reimbursements received for such costs may be cred-
ited to the same appropriation, account, or fund to which the 
expenses were charged: Provided, That reimbursements which are 
not received within one hundred and eighty days after submission of 
an appropriate request for payment shall be subject to interest at 
the current rate established pursuant to section 2(b)(1)(B) of the 
Export-Import Bank Act of 1945 (59 Stat. 526). Interest shall begin to 
accrue on the one hundred and eighty-first day following submission 
of an appropriate request for pa5nnent: Provided further, That funds 
appropriated in this Act may be used to reimburse United States 
military personnel for reasonable costs of subsistence, at rates to be 
determined by the Secretary of Defense, incurred while accompany-
ing Soviet Inspection Team members engaged in activities related to 
the INF Treaty: Provided further. That this provision includes only 
the in-country period (referred to in the INF Treaty) and is effective 
whether such duty is performed at, near, or away from an individ-
ual's permanent duty station. 
SEC. 8046. The total amount appropriated to or for the use of the 
Department of Defense by this Act is reduced by $300,000,000 to 
reflect savings resulting from the decreased use of consulting serv-
Reports. 
ices by the Department of Defense. The Secretary of Defense shall 
allocate the amount reduced in the preceding sentence and not later 
than March 1, 1992, report to the Senate and House Committees on 
Appropriations how this reduction was allocated among the Services 
and Defense Agencies: Provided, That this section does not apply to 
the reserve components. 
SEC. 8047, Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an 
annual meeting in the United States, under such regulations as the 
Secretary of Defense may prescribe. 
SEC. 8048. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the fifty United States and the District of 
Columbia, 175,960 civilian workyears: Provided, That workyears 
shall be applied as defined in the Federal Personnel Manual: Pro-
vided further. That workyears expended in dependent student 
hiring programs for disadvantaged youth shall not be included in 
this workyear limitation. 
Reports. 
SEC. 8049. None of the funds available to the Department of 
Defense or Navy shall be obligated or expended to (1) implement 
Automatic Data Processing or Information Technology Facility 
consolidation plans, or (2) to make reductions or transfers in person-
nel end strengths, billets or missions that affect the Naval Regional 
Data Automation Center, the Enlisted Personnel Management 
Center, the Naval Reserve Personnel Center and related missions. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1183 
functions and commands until sixty days after the Secretary of 
Defense submits a report, including complete review comments by 
the General Accounting Office, to the Committees on Appropria-
tions of the House and Senate justifying any transfer, reductions, or 
consolidations in terms of (1) addressing the overall mission and 
operations staffing of all Naval Automatic Data Processing, 
Information Technology Facility, and Naval personnel functions for 
all active and reserve personnel commands and field activities and 
Automatic Data Processing commands and field activities; and (2) 
certifying that such reduction, transfer or consolidation plans or 
operations do not duplicate functions presently conducted; are cost 
effective from a budgetary standpoint; will not adversely affect the 
mission, readiness and strategic considerations of the Navy and 
Naval Reserve; and will not adversely impact on the quality of life 
and economic benefits of the individual serviceperson or have an 
adverse economic impact on a geographic area. 
(TRANSFER OF FUNDS) 
SEC. 8049A. In addition to the amounts appropriated or otherwise 
made available in this Act, $710,348,000 is appropriated for the 
operation, modernization, and expansion of automated data process-
ing systems: Provided, That the Secretary of Defense shall, upon 
determining that such funds are necessary and further the objec-
tives of the Corporate Information Management initiative, transfer 
such amounts as necessary to the appropriate appropriation pro-
vided in titles II, III, and IV of this Act to be merged with and to be 
available for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That obliga-
tion and expenditure of these funds are subject to the review and 
approval of the Defense Department's senior information resource 
management official: Provided further, That this transfer authority 
shall be in addition to any other transfer authority contained in this 
Act. 
SEC. 8050. No funds appropriated by this Act may be obligated or 
expended to prepare, or to assist any contractor of the Department 
of Defense in preparing, any material, report, list, or analysis with 
respect to the actual or projected economic or employment impact in 
a particular State or congressional district of an acquisition program 
for which all research, development, testing and evaluation has not 
been completed. 
SEC. 8051. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified and 
confirmed if otherwise in accordance with the provisions of this Act. 
SEC. 8052. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines: 
(a) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work, or 
(b) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source, or 
(c) where the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
105 STAT. 1184 
PUBLIC LAW 102-172—NOV. 26, 1991 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Contracts. 
Provided, That this Umitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8053. None of the funds available to the Department of 
Defense in this Act shall be used to demilitarize or dispose of more 
than 310,784 unserviceable Ml Garand rifles and Ml Carbines. 
SEC. 8054. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 
50 percent of an amount paid to any person under section 308 of title 
37, United States Code, in a lump sum. 
SEC. 8055. None of the funds appropriated by this Act may be used 
by the Department of Defense to assign a supervisor's title or grade 
when the number of people he or she supervises is considered as a 
basis for this determination: Provided, That savings that result from 
this provision are represented as such in future budget proposals. 
SEC. 8056. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
shall be available for the payment of the expenses under the Pro-
gram for the first $150 of the charges for all types of care authorized 
under the provisions of section 1079(a) of title 10, United States 
Code, under plans contracted for under the provisions of section 
1079 or section 1086 of title 10, United States Code, and received in 
an outpatient status after April 1, 1991: Provided, That the fore-
going limitation shall not exceed the first $300 in the case of a 
family group of two or more persons covered by section 1079(a) of 
title 10, United States Code: Provided further. That higher deduct-
ible amounts and/or total or partial restrictions on the availability 
of care (other than emergency care) in facilities of the uniformed 
services may be prescribed by the Secretary of Defense in the case of 
beneficiaries eligible for enrollment under health care plans con-
tracted for under section 1097 of title 10, United States Code, who 
chose not to enroll in such plans: Provided further. That the provi-
sions of this section shall not apply in the case of dependents of 
military members in grades E-1 through E-4. 
SEC. 8057. None of the funds appropriated by this or any other Act 
with respect to any fiscal year for the Navy may be used to carry out 
an electromagnetic pulse program in the Chesapeake Bay area in 
connection with the Electromagnetic Pulse Radiation Environment 
Simulator for Ships (EMPRESS II) program unless or until the 
Secretary of Defense certifies to the Congress that conduct of the 
EMPRESS II program is essential to the national security of the 
United States and to achieving requisite military capability for 
United States naval vessels, and that the economic, environmental, 
and social costs to the United States of conducting the EMPRESS II 
program in the Chesapeake Bay area are far less than the economic, 
environmental, and social costs caused by conducting the EMPRESS 
II program elsewhere. 
SEC. 8058. Of the funds appropriated by this Act, no more than 
$4,000,000 shall be available for the health care demonstration 
project regarding chiropractic care required by section 632(b) of the 
Department of Defense Authorization Act, 1985, Public Law 98-525. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1185 
SEC. 8059. None of the funds appropriated by this Act may be used 
to pay health care providers under the Civilian Health and Medical 
Program of the Uniformed Services (CHAMPUS) for services deter-
mined under the CHAMPUS Peer Review Organization (PRO) Pro-
gram to be not medically or psychologically necessary. The 
Secretary of Defense may by regulation adopt any quality and 
utilization review requirements and procedures in effect for the 
Peer Review Organization Program under title XVIII of the Social 
Security Act (Medicare) that the Secretary determines necessary, 
and may adapt the Medicare requirements and procedures to the 
circumstances of the CHAMPUS PRO Program as the Secretary 
determines appropriate. 
SEC. 8060. Such sums as may be necessary for fiscal year 1992 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 8061. None of the funds appropriated by this Act shall be Animals. 
available for payments under the Department of Defense contract Reports, 
with the Louisiana State University Medical Center involving the 
use of cats for Brain Missile Wound Research, and the Department 
of Defense shall not make payments under such contract from funds 
obligated prior to the date of the enactment of this Act, except as 
necessary for costs incurred by the contractor prior to the enact-
ment of this Act, and until thirty legislative days after the final 
General Accounting Office report on the aforesaid contract is 
submitted for review to the Committees on Appropriations of the 
House of Representatives and the Senate: Provided, That funds 
necessary for the care of animals covered by this contract are 
allowed. 
SEC. 8062. None of the funds provided in this Act or any other Act 
shall be available to conduct bone trauma research at the 
Letterman Army Institute of Research until the Secretary of the 
Army certifies that the synthetic compound to be used in the 
experiments is of such a type that its use will result in a significant 
medical finding, the research has military application, the research 
will be conducted in accordance with the standards set by an animal 
care and use committee, and the research does not duplicate re-
search already conducted by a manufacturer or any other research 
organization. 
SEC. 8063. The Secretary of Defense shall include in any base 10 USC 2687 
closure and realignment plan submitted to Congress after the date "o**-
of enactment of this Act, a complete review for the five-year period 
beginning on October 1, 1991, which shall include expected force 
structure and levels for such period, expected installation require-
ments for such period, a budget plan for such period, the cost 
savings expected to be realized through realignments and closures of 
military installations during such period, an economics model to 
identify the critical local economic sectors affected by proposed 
closures and realignments of military installations and an assess-
ment of the economic impact in each area in which a military 
installation is to be realigned or closed. 
SEC. 8064. The Secretary of Defense shall ensure that at least 50 
percent of the Joint Service Missile Mission is in place at 
Letterkenny Army Depot by the time Systems Integration Manage-
ment Activity and Depot Systems Command are scheduled to re-
locate to Rock Island Arsenal, Illinois. This provision is in no way 
intended to affect the move of the 2.5- and 5-ton truck maintenance 
mission from Letterkenny Army Depot to Tooele Army Depot. 
105 STAT. 1186 
PUBLIC LAW 102-172—NOV. 26, 1991 
SEC. 8064A. Section 831(m) of the National Defense Authorization 
Act for Fiscal Year 1991 (10 U.S.C. 2301 note) is amended— 
(a) by striking paragraph (2) and inserting: 
"(2) The term 'disadvantaged small business concern' means: 
"(A) a small business concern owned and controlled by 
socially and economically disadvantaged individuals; 
"(B) a business entity owned and controlled by an Indian 
tribe as defined by section 8(a)(13) of the Small Business Act 
(15 U.S.C. 637(a)(13)); 
"(C) a business entity owned and controlled by a Native 
Hawaiian Organization as defined by section 8(a)(15) of the 
Small Business Act (15 U.S.C. 637(a)(13)); or 
"(D) a qualified organization employing the severely dis-
abled."; 
(b) by adding the following new paragraphs: 
"(6) The term 'qualified organization employing the severely 
disabled' means a business entity operated on a for-profit or 
nonprofit basis that— 
"(A) uses rehabilitative engineering to provide employ-
ment opportunities for severely disabled individuals and 
integrates severely disabled individuals into its workforce; 
"(B) employs severely disabled individuals at a rate that 
averages not less than 20 percent of its total workforce; 
"(C) employs each severely disabled individual in its 
workforce generally on the basis of 40 hours per week; and 
"(D) pays not less than the minimum wage prescribed 
pursuant to section 6 of the Fair Labor Standards Act (29 
U.S.C. 206) to those employees who are severely disabled 
individuals. 
"(7) The term 'severely disabled individual' means an individ-
ual who has a physical or mental disability which constitutes a 
substantial handicap to employment and which, in accordance 
with criteria prescribed by the Committee for the Purchase 
From the Blind and Other Severely Handicapped established by 
section 46 of title 41, United States Code, is of such a nature 
that the individual is otherwise prevented from engaging in 
normal competitive employment.". 
SEC. 8065. No more than $50,000 of the funds appropriated or 
made available in this Act shall be used for any single relocation of 
an organization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Provided, That 
the Secretary of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appropriations 
of the House of Representatives and Senate that such a relocation is 
required in the best interest of the Government: Provided 
further, 
That no funds appropriated or made available in this Act shall be 
used for the relocation into the National Capital Region of the Air 
Force Office of Medical Support located at Brooks Air Force Base. 
SEC. 8065A. Of the funds appropriated by this Act, no more than 
$14,500,000 shall be available for the mental health care demonstra-
tion project at Fort Bragg, North Carolina: Provided, That adjust-
ments may be made for normal and reasonable price and program 
growth. 
SEC. 8066. None of the funds appropriated in this Act shall be used 
to produce more than two-thirds of the liquid gas requirements in-
Guam. 
house at Andersen Air Force Base on Guam. At least one-third of 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1187 
Andersen Air Force Base's liquid gas requirements shall be met by 
acquiring liquid gas from commercial sources on Guam. 
SEC. 8067. (a) None of the funds appropriated by this Act shall be 
used to reduce the end strength of the National Guard and Reserve 
Components below the levels funded in this Act: Provided, That the 
Secretary of Defense may vary each such end strength by not more 
than 2 percent. 
(b) None of the funds appropriated by this Act shall be used to 
reduce the force structure allowance (1) of the Army National Guard 
below 450,000, (2) of the Army Reserve below 310,000, and (3) of any 
other National Guard and Reserve Component below the end 
strength level supported by funds appropriated by this Act: Pro-
vided, That in the case of any National Guard or Reserve Compo-
nent, the Secretary of Defense may vary such force structure allow-
ance by a percentage not in excess of the percentage (if any) by 
which the end strength level of that component is varied pursuant 
to the authority provided in the proviso in subsection (a). 
SEC. 8068. Funds appropriated or otherwise available for any 
Federal agency, the Congress, the judicial branch, or the District of 
Columbia for the fiscal year ending September 30, 1992, may be used 
for the pay, allowances, and benefits of an employee as defined by 
section 2105 of title 5 or an individual employed by the government 
of the District of Columbia, permanent or temporary indefinite, 
who— 
(1) is a member of a Reserve component of the armed forces, 
as described in section 261 of title 10, or the National Guard, as 
described in section 101 of title 32; 
(2) performs, for the purpose of providing military aid to 
enforce the law or providing assistance to civil authorities in the 
protection or saving of life or property or prevention of injury— 
(A) Federal service under section 331, 332, 333, 3500, or 
8500 of title 10, or other provision of law, as applicable, or 
(B) full-time military service for his State, the District of 
Columbia, the Commonwealth of Puerto Rico, or a territory 
of the United States; and 
(3) requests and is granted— 
(A) leave under the authority of this section; or 
(B) annual leave, which may be granted without regard to 
the provisions of sections 5519 and 6323(b) of title 5, if such 
employee is otherwise entitled to such annual leave: 
Provided, That any employee who requests leave under subsection 
(3)(A) for service described in subsection (2) of this section is entitled 
to such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, and such leave shall be consid-
ered leave under section 6323(b) of title 5. 
SEC. 8069. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of 
0MB Circular A-76 if the study being performed exceeds a period of 
twenty-four months after initiation of such study with respect to a 
single function activity or forty-eight months after initiation of such 
study for a multi-function activity. 
SEC. 8070. None of the funds appropriated by this Act shall be 
used to begin closing a military treatment facility unless the Sec-
retary of Defense notifies the Committees on Appropriations of the 
House of Representatives and the Senate ninety days prior to such 
action. 
105 STAT. 1188 
PUBLIC LAW 102-172—NOV. 26, 1991 
Fellowships and 
scholarships. 
Contracts. 
Foreign 
relations. 
Reports. 
C!omputer 
technology. 
10 u s e 113 note. 
SEC. 8070A. (a) Of the amounts available to the Department of 
Defense for fiscal year 1992, not less than $10,000,000 shall be 
available for National Defense Science and Engineering Graduate 
Fellowships to be awarded on a competitive basis by the Secretary of 
Defense to United States citizens or nationals pursuing advanced 
degrees in fields of primary concern and interest to the Department. 
(b) Fellowships awarded pursuant to subsection (a) above shall not 
be restricted on the basis of the geographical locations in the United 
States of the institutions at which the recipients are pursuing the 
aforementioned advanced degrees. 
(c) Not less than 50 per centum of the funds necessary to carry out 
this section shall be derived from the amounts available for the 
University Research Initiatives Program in "Research, Develop-
ment, Test and Evaluation, Defense Agencies", and the balance 
necessary shall be derived from amounts available for Defense 
Research Sciences under title IV of this Act. 
SEC. 8071. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national or 
international political or psychological activities. 
SEC. 8072. None of the unobligated balances available in the 
National Defense Stockpile Transaction Fund during fiscal year 
1992 may be obligated or expended to finance any grant or contract 
to conduct research, development, test, and evaluation activities for 
the development or production of advanced materials, unless 
amounts for such purposes are specifically appropriated in a subse-
quent appropriations Act. 
SEC. 8072A. (a) As stated in section 3(5)(A) of the Export Adminis-
tration 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 fos-
tered or imposed by foreign countries against other countries 
friendly to the United States or against any other United States 
person. 
03)(1) Consistent with the policy referred to in subsection (a), no 
Department of Defense prime contract in excess of the small pur-
chase threshold, as defined in section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11)), may be awarded to a 
foreign person, company, or entity unless that person, company, or 
entity certifies to the Secretary of Defense that it does not comply 
with the secondary Arab boycott of Israel. 
(2) The Secretary of Defense may waive the prohibition in para-
graph (1) in specific instances when the Secretary determines that 
the waiver is necessary in the national security interests of the 
United States. Within 15 days after the end of each calendar 
quarter, the Secretary shall submit to Congress a report identifying 
each contract for which a waiver was granted under this paragraph 
during such quarter. 
(3) This provision does not apply to contracts for consumable 
supplies, provisions or services intended to be executed for the 
support of the United States or of allied forces in a foreign country, 
nor does it apply to contracts pertaining to any equipment, tech-
nology, data, or services for intelligence or classified purposes, or the 
acquisition or lease thereof by the United States Government in the 
interests of national security. 
SEC. 8073. Notwithstanding any other provision of law, after 
June 1, 1991, where cost effective, all Department of Defense soft-
ware shall be written in the programming language Ada, in the 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1189 
absence of special exemption by an official designated by the Sec-
retary of Defense. 
SEC. 8074. Notwithstanding any other provision of law or regula-
tion, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 4107(g) of title 38, 
United States Code, as in existence on October 1,1990. 
SEC. 8075. None of the funds available to the Department of 
Defense shall be used for the training or utilization of psychologists 
in the prescription of drugs, except pursuant to the findings and 
recommendations of the Army Surgeon General's Blue Ribbon 
Panel as specified in its February and August 1990 meeting minutes: 
Provided, That this training will be performed at Walter Reed Army 
Medical Center. 
SEC. 8076. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the military or 
civilian medical and medical support personnel end strength at a 
base undergoing a partial closure or realignment, where more than 
one joint command is located, below the September 30, 1991 level. 
SEC. 8076A. During the current fiscal year and the following fiscal 
year, additional obligations may be incurred under fiscal year 1990 
procurement appropriations for the installation of equipment when 
obligations were incurred during the period of availability of such 
appropriation for the procurement of such equipment but obliga-
tions for the installation of such equipment were not able to be 
incurred before the expiration of the period of availability of such 
appropriations. 
(RESCISSIONS) 
SEC. 8077. Of the funds provided in Department of Defense Appro-
priations Acts, the following funds are hereby rescinded from the 
following accounts in the specified amounts: 
Procurement of weapons and tracked combat vehicles, Army, 
1990/1992, $10,000,000; 
Procurement of weapons and tracked combat vehicles. Army, 
1991/1993, $114,000,000; 
Procurement of ammunition. Army, 1991/1993, $23,700,000; 
Other procurement. Army, 1990/1992, $10,300,000; 
Other procurement. Army, 1991/1993, $26,800,000; 
Weapons procurement. Navy, 1991/1993, $317,000,000; 
Other procurement. Navy, 1991/1993, $6,200,000; 
Procurement, Marine Corps, 1991/1993, $2,000,000; 
Missile procurement. Air Force, 1990/1992, $16,000,000; 
Missile procurement. Air Force, 1991/1993, $80,000,000; 
National 
Guard 
and 
Reserve 
Equipment, 
1991/1993, 
$8,000,000; 
Research, Development, Test and Evaluation, Army, 1991/ 
1992, $81,075,000; 
Research, Development, Test and Evaluation, Navy, 1991/ 
1992, $173,400,000; 
Research, Development, Test and Evaluation, Air Force, 
1991/1992, $232,310,000; 
Research, Development, Test and Evaluation, Defense Agen-
cies, 1991/1992, $1,800,000. 
SEC. 8078. Section 8104 of the Department of Defense Appropria-
tions Act, 1991 (Public Law 101-511; 104 Stat. 1898) is amended— 50 USC 401 note. 
105 STAT. 1190 
PUBLIC LAW 102-172—NOV. 26, 1991 
Termination 
date. 
Reports. 
Handicapped. 
Contracts. 
Small business. 
(1) by amending section 3 by adding the following new sen-
tence at the end thereof: "The Commission is established until 
30 days following submission of the final report required by 
section 6 of this section."; 
(2) by amending section 6 as follows: (i) by amending subsec-
tion (b)— 
(A) by striking out "SUBSEQUENT ANNUAL REPORTS" and 
inserting "FINAL REPORT" in lieu thereof; 
(B) by striking out "an annual report for each of the first 
five years following the" and inserting "a final report one 
year following" in lieu thereof in the first sentence; and 
(C) by striking out the second sentence; and 
(ii) by amending subsection (c)— 
(A) by striking out "Each report under this section" and 
inserting "The report under subsection (b)" in lieu thereof 
in the first sentence; and 
(B) by striking out "Each such" and inserting "Such" in 
lieu thereof in the second sentence; and 
(3) by amending section 8(c) to read as follows: 
"(c) OBTAINING OFFICIAL DATA.—The Chairman or a designee on 
behalf of the Chairman may request information necessary to 
enable the Commission to carry out this Act directly from any 
department or agency of the United States.". 
SEC. 8079. Of the funds made available in this Act, not less than 
$8,674,000 shall be available for the Civil Air Patrol, of which 
$4,400,000 shall be available for Operation and Maintenance. 
SEC. 8080. None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
815th Tactical Airlift Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission 
below the levels funded in this Act. 
SEC. 8081. During the current fiscal year, after April 1, 1992, 
withdrawal credits may be made by the Defense Business Oper-
ations Fund to the credit of current applicable appropriations of an 
activity of the Department of Defense in connection with the ac-
quisition by that activity of supplies that are repairable components 
which are repairable at a repair depot and that are capitalized into 
the Defense Business Operations Fund as the result of management 
changes concerning depot level repairable assets charged to an 
activity of the Department of Defense which is a customer of the 
Defense Business Operations Fund that becomes effective on April 
1,1992. 
SEC. 8082. (a) Of the funds for the procurement of supplies or 
services appropriated by this Act, qualified nonprofit agencies for 
the blind or other severely handicapped shall be afforded the maxi-
mum practicable opportunity to participate as subcontractors and 
suppliers in the performance of contracts let by the Department of 
Defense. 
(b) For the purpose of this section, the phrase "qualified nonprofit 
agency for the blind or other severely handicapped" means a non-
profit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind 
and Other Severely Handicapped under the Javits-Wagner-O'Day 
Act (41 U.S.C. 46-48). 
(c) During fiscal year 1992, a business concern which has nego-
tiated with a military service or defense agency a subcontracting 
plan for the participation by small business concerns pursuant to 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1191 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be 
given credit toward meeting that subcontracting goal for any pur-
chases made from qualified nonprofit agencies for the blind or other 
severely handicapped. 
SEC. 8083. Of the funds appropriated in this Act for "Drug Inter-
diction and Counter-Drug Activities, Defense", $40,000,000 shall be 
available only for the National Drug Intelligence Center. 
CENTRAL INTELLIGENCE AGENCY CONSOLIDATION PLAN 
SEC. 8083A. (a) FUNDING LIMITATION.—Of the amount appro- 50USC403 
priated by this Act for the Central Intelligence Agency Program, not note. 
more than $10,000,000 is appropriated for costs associated with the 
land acquisition and related expenditures necessary to implement a 
plan for consolidation of Central Intelligence Agency facilities. None 
of such funds may be obligated to implement such plan until all of 
the conditions set forth in subsection (d) have been met and (except 
as provided in subsection (c)) a period of 60 days beginning on the 
date on which all of such conditions have been met has expired. Any Reports, 
certification or report required under that subsection shall be pro-
vided in writing to the intelligence committees and the appropria-
tions committees. If any of the required certifications cannot be 
provided, then the Director of Central Intelligence shall reopen the 
planning process with respect to the consolidation plan to the extent 
required to address any procedures that were determined to be 
deficient. 
(b) ADDITIONAL FUNDING.—Pursuant to the procedures set forth in 
the joint explanatory statement of managers to accompany the 
conference report on the bill H.R. 2521 of the 102d Congress, an 
amount not to exceed $20,000,000 is available if the Director deter-
mines that funds in addition to the amount specified in subsection 
(a) are required during fiscal year 1992 for costs associated with the 
land acquisition and related expenditures necessary to implement 
the consolidation plan. 
(c) LIMITED WAIVER OF 60-DAY REVIEW PERIOD.—The Director may 
spend not to exceed $500,000 of the funds specified in subsection (a) 
for options and agreements to ensure the continued availability of 
property under consideration for the consolidation plan without 
regard to the 60-day period specified in subsection (a). 
(d) CONDITIONS.—The following conditions and certifications must 
be met before the funds specified in subsection (a) may be obligated: 
(1) The Director of Central Intelligence has certified— 
(A) that with respect to procedures governing land ac-
quisition by the Central Intelligence Agency— 
(i) there are written procedures for such acquisition 
currently in effect; 
(ii) those procedures are consistent with land acquisi-
tion procedures of the General Services Administra-
tion; and 
(iii) the process used by the Central Intelligence 
Agency in developing the consolidation plan was in 
accordance with those written procedures; and 
(B) that with respect to contracts of the Agency for 
construction and for the acquisition of movable property, 
equipment, and services, the procedures of the Agency are 
consistent with procedures under the Federal Acquisition 
Regulations. 
105 STAT. 1192 
PUBLIC LAW 102-172—NOV. 26, 1991 
Reports. 
Reports. 
37 use 301d 
note. 
10 use 1079 
note. 
(2) The Administrator of General Services has provided a 
written report stating that in the opinion of the Administrator 
(A) implementing the consolidation plan will result in cost 
savings to the United States Government, and (B) the consolida-
tion plan will conform to applicable local governmental regula-
tions. 
(3) The Director of the Office of Management and Budget has 
certified— 
(A) that the consolidation plan (and associated costs) have 
been reviewed by the Office of Management and Budget; 
(B) that the funding for such plan is consistent with the 
1990 budget agreement; and 
(C) that funding for such plan has been approved by the 
Administration for fiscal year 1992. 
(4) The Inspector General of the Central Intelligence Agency 
has certified that corrective actions, if any, recommended as a 
result of the Inspector General's inquiry into the consolidation 
plan, and concurred in by the Director of Central Intelligence, 
will be implemented. 
(5) The Director of Central Intelligence has provided to the 
intelligence committees and appropriations committees a writ-
ten report on the consolidation plan that includes— 
(A) a comprehensive site evaluation, including zoning, 
site engineering, and environmental requirements, logis-
tics, physical and technical security, and communications 
compatibility; 
(B) a description of the anticipated effect of implementing 
the consolidation plan on personnel of the Central Intel-
ligence Agency, including a discussion of the organizations 
and personnel that will be relocated and the rationale for 
" 
such relocations and the Director's assurance that person-
nel are consulted and considered in the consolidaton effort; 
and 
(C) the Director's assurances that the Director, in 
evaluating and approving the plan, has considered global 
changes and budget constraints that may have the effect of 
reducing Central Intelligence Agency personnel require-
ments in the future. 
(e) DEFINITIONS.—For purposes of this section: 
(1) The term "intelligence committees" means the Permanent 
Select Committee on Intelligence of the House of Representa-
tives and the Select Committee on Intelligence of the Senate. 
(2) The term "appropriations committees" means the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives. 
SEC. 8084. Restrictions provided under subsection (b)(2) of section 
301d of title 37, United States Code, as authorized by the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510), and hereafter, shall not apply in the case of flag or general 
officers serving as full-time practicing physicians. 
SEC. 8085. Any CHAMPUS (Civilian Health and Medical Program 
of the Uniformed Services) health care provider may voluntarily 
waive the patient copayment for medical services provided from 
August 2, 1990, until the termination of Operation Desert Shield/ 
Desert Storm for dependents of active duty personnel: Provided, 
That the Government's share of medical services is not increased 
during the specified time period. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1193 
SEC. 8086. For fiscal year 1992, the total amount appropriated to 
fund the Uniformed Services Treatment Facilities program, oper-
ated pursuant to section 911 of Public Law 97-99 (42 U.S.C. 248c), is 
limited to $209,700,000, of which not more than $188,300,000 may be 
provided by the funds appropriated by this Act. 
SEC. 8087. During the current fiscal year, the Navy may provide 
notice to exercise options under the LEASAT program for the next 
fiscal year, in accordance with the terms of the Aide Memoire, dated 
January 5, 1981, as amended by the Aide Memoire dated April 30, 
1986, and as implemented in the LEASAT contract. 
SEC. 8088. None of the funds available to the Department of 
Defense during fiscal year 1992 may be obligated or expended to 
develop for aircraft or helicopter weapons systems an airborne 
instrumentation system for flight test data acquisition other than 
the Common Airborne Instrumentation System under development 
in the Central Test and Evaluation Investment Development pro-
gram element funded in the "Developmental Test and Evaluation, 
Defense" appropriations account. 
SEC. 8089. During the current fiscal year and hereafter, none of 50 USC 414 
the funds appropriated for intelligence programs to the Department "ot^ 
of Defense which are transferred to another Federal agency for 
execution shall be expended by the Department of Defense in any 
fiscal year in excess of amounts required for expenditure during 
such fiscal year by the Federal agency to which such funds are 
transferred. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. (a) Of the funds appropriated in this Act in title IV, 
Research, Development, Test and Evaluation, Navy, $625,000,000 
shall be available only for the V-22 aircraft program. 
(b) Of the funds appropriated in the Department of Defense 
Appropriations Act (Public Law 101-511) for fiscal year 1991 under 
the heading, "Aircraft Procurement, Navy" for the V-22 Osprey 
program, $165,000,000 shall be transferred to "Research, Develop-
ment, Test and Evaluation, Navy, 1992/1993", to be merged with 
and to be available for the same purposes and the same time period 
as the appropriation to which transferred, subject to the provisions 
of subparagraph (c). 
(c) Funds described in subparagraphs (a) and (b) of this section 
shall be obligated for a Phase II V-22 Full Scale Engineering 
Development program to provide new production representative 
aircraft which will have an objective to demonstrate the full oper-
ational requirements of the Joint Services Operational Requirement 
(JSOR) not later than December 31, 1996: Provided, That to the 
extent practicable, the production representative V-22 aircraft shall 
be produced on tooling which qualifies production design. 
(d) The Secretary of Defense shall provide to the Congress, within 
60 days of enactment of this Act, the total funding plan and sched-
ule to complete the Phase II V-22 Full Scale Engineering Develop-
ment program. 
(e) The Secretary of Defense shall take no action which will delay 
obligation of these funds. 
SEC. 8091. During the current fiscal year, net receipts pursuant to 
collections from third party payers pursuant to section 1095 of title 
10, United States Code, shall be made available to the local facility 
105 STAT. 1194 
PUBLIC LAW 102-172—NOV. 26, 1991 
of the uniformed services responsible for the collections and shall be 
over and above the facility's direct budget amount. 
(TRANSFER OF FUNDS) 
SEC. 8092. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the 
amounts transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period as 
the appropriation from which transferred: Provided further, That 
funds shall be transferred between the following appropriations in 
the amounts specified: 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 1988/ 
1992": 
T-AO fleet oiler program, $3,523,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1989/ 
1993": 
LCAC landing craft air cushion program, $2,225,000; 
For outfitting and post delivery, $2,669,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1990/ 
1994": 
SSN-688 attack submarine program, $9,656,000; 
LSD-41 dock landing ship cargo variant program, $655,000; 
MHC coastal mine hunter program, $4,509,000; 
T-AGOS surveillance ship program, $665,000; 
Coast Guard patrol boat program, $4,223,000; 
For craft, outfitting, post delivery, and ship special support 
equipment, $2,653,000; 
LCAC landing craft air cushion program, $2,953,000; 
Under the heading, "Aircraft Procurement, Navy, 1990/1992", 
$893,500,000; 
Under the heading, "Weapons Procurement, Navy, 1990/1992", 
$12,800,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1991/ 
1995": 
TRIDENT ballistic missile submarine program, $44,687,000; 
DDG-51 destroyer program, $64,900,000; 
LSD-41 dock landing ship cargo variant program, $1,303,000; 
MHC coastal mine hunter program, $3,142,000; 
AOE combat support ship program, $161,200,000; 
Oceanographic ship program, $43,100,000; 
LCAC landing craft air cushion program, $4,137,000; 
For craft, outfitting and post delivery, $12,391,000; 
Under the heading, "Aircraft Procurement, Navy, 1991/1993", 
$81,600,000; 
Under the heading, "Weapons Procurement, Navy, 1991/1993", 
$49,900,000; 
Under the heading, "Other Procurement, Navy, 1991/1993", 
$60,900,000; 
Under the heading, "Procurement, Marine Corps, 1991/1993", 
$29,300,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 1985/ 
1989": 
Trident submarine program, $14,318,000; 
SSN-688 nuclear attack submarine program, $35,000,000; 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1195 
MCM mine countermeasures ship program, $5,082,000; 
T-AO fleet oiler ship program, $29,616,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1986/ 
1990": 
TRIDENT ballistic missile submarine program, $1,000,000; 
SSN-688 attack submarine program, $32,112,000; 
LSD-41 landing ship dock program, $2,454,000; 
MHC coastal mine hunter program, $9,900,000; 
T-AO fleet oiler program, $460,000; 
T-AG acoustic research ship program, $4,400,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1987/ 
1991": 
TRIDENT ballistic missile submarine program, $9,600,000; 
SSN-688 attack submarine program, $116,641,000; 
DDG-51 destroyer program, $90,093,000; 
AO conversion program, $400,000; 
T-AGOS surveillance ship program, $825,000; 
T-AO fleet oiler program, $460,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1988/ 
1992": 
TRIDENT ballistic missile submarine program, $66,469,000; 
SSN-688 attack submarine program, $29,600,000; 
CVN nuclear aircraft carrier program, $95,230,000; 
LSD-41 cargo variant ship program, $7,261,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1989/ 
1993": 
TRIDENT ballistic missile submarine program, $71,800,000; 
SSN-688 attack submarine program, $19,125,000; 
SSN-21 attack submarine program, $97,658,000; 
MHC coastal mine hunter program, $25,920,000; 
AO conversion program, $5,949,000; 
T-AGOS surveillance ship program, $15,800,000; 
T-AO fleet oiler program, $118,881,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1990/ 
1994": 
TRIDENT ballistic missile submarine program, $36,271,000; 
ENTERPRISE 
refueling/modernization 
program, 
$100,100,000; 
Aircraft carrier service life extension program, $57,178,000; 
DDG-51 destroyer program, $146,788,000; 
MCM mine countermeasures program, $4,170,000; 
AO conversion program, $4,500,000; 
Moored training ship demonstration program, $9,000,000; 
Oceanographic ship program, $8,530,000; 
Coast Guard icebreaker ship program, $59,000,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 1991/ 
1995": 
LHD-1 amphibious assault ship program, $165,000,000. 
SEC. 8093. None of the funds in this Act shall be obligated for the 
procurement of a Multibeam Sonar Mapping System not manufac-
tured in the United States: Provided, That the Secretary of the 
military department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to 
meet Department of Defense requirements on a timely basis and 
105 STAT. 1196 
PUBLIC LAW 102-172—NOV. 26, 1991 
that such an acquisition must be made in order to acquire capabihty 
for national security purposes. 
SEC. 8093A. (a) Except as provided in this section, none of the 
funds available to the Department of Defense from any source 
during fiscal year 1992 may be obligated or expended for any 
activities to support the objective of launching Strategic Target 
System (STARS) rockets from the Navy Pacific Missile Range Facil-
ity, Barking Sands, Kauai, Hawaii. 
(b) The restriction in subsection (a) does not apply to any funds 
required to prepare or issue an environmental impact statement on 
the Strategic Target System Program, in accordance with the Na-
tional Environmental Policy Act (42 U.S.C. 4321 et seq.), and in 
accordance with any Executive orders issued, and any regulations 
promulgated to implement such Act. 
(c) The restriction in subsection (a) does not apply to any funds 
required for STARS program activities conducted in the continental 
United States or for STARS program management related activities 
conducted outside the continental United States. 
(d) The restriction in subsection (a) does not apply to any funds 
required to maintain the safety, security, reliability, and basic 
condition of the Strategic Target System launch complex and equip-
ment at the Pacific Missile Range Facility, nor does it apply to funds 
required to finance measures taken in the State of Hawaii or 
elsewhere for purposes of range safety or environmental protection. 
(e) The restriction in subsection (a) does not apply to any funds 
required to maintain or store Strategic Target System boosters and 
equipment or to ensure the safety and reliability of such boosters 
and equipment or to operate the Strategic Target System program 
office. 
(f) Except as stated elsewhere in this section, the exceptions in 
subsection (e) shall apply only to activities carried out within the 
continental United States. 
(g) The restriction in subsection (a) extends to any activity relating 
to the storage of live STARS boosters and components thereof or 
STARS liquid rocket fuel at the Pacific Missile Range Facility. 
(h) Any live STARS boosters may not be transported to the Pacific 
Missile Range Facility before, at the earliest, the date referred to in 
subsection (i) below. 
(i) The restrictions under this section shall remain in effect until 
the date of the issuance of an environmental impact statement and 
a formal Record of Decision with respect to this environmental 
impact statement, upon completion of a formal process that com-
plies with the requirements of the National Environmental Policy 
Act (42 U.S.C. 4321 et seq.), and the Executive orders issued, and 
regulations promulgated to implement such Act. 
(j) The director of the Strategic Defense Initiative Organization 
shall notify the Congressional defense committees upon the comple-
tion of the STARS environmental impact statement and Record of 
Decision process. 
50 use 98e 
SEC. 8094. Using funds available in the National Defense Stockpile 
note. 
Transaction Fund, during the period of fiscal years 1992 through 
1994 and using procedures covered by section 3301 of the National 
Defense Authorization Act, 1991 (Public Law 101-510; 104 Stat. 
1844-45), the President may acquire 50,000 kilograms of germanium 
to be held in the National Defense Stockpile. 
SEC. 8095. None of the funds appropriated in this Act may be used 
to implement any catchment area management demonstration 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1197 
projects except those projects approved by the Assistant Secretary of 
Defense for Health Affairs before the demonstration begins: Pro-
vided, That any approved projects must be consistent with the 
Coordinated Care initiative: Provided further, That this provision 
does not apply to the Tidewater TRI-CAM demonstration project. 
SEC. 8096. None of the funds appropriated in this Act may be used 
to fill the commander's position at any military medical facility with 
a health care professional unless the prospective candidate can 
demonstrate professional administrative skills. 
SEC. 8097. Of the funds appropriated by this Act for Operation and 
Maintenance, Defense Agencies, $20,000,000 shall be available (not-
withstanding the last sentence of section 1086(c) of title 10, United 
States Code) to continue Civilian Health and Medical Program of 
the Uniformed Services (CHAMPUS) benefits, until age 65, under 
such section for a former member of a uniformed service who is 
entitled to retired or retainer pay or equivalent pay, or a dependent 
of such a member, who becomes eligible for hospital insurance 
benefits under part A of title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.) solely on the groimds of physical disability: 
Provided, That expenses under this section shall only be covered to 
the extent that such expenses are not covered under parts A and B 
of title XVIII of the Social Security Act and are otherwise covered 
under CHAMPUS: Provided further, That no reimbursement shall 
be made for services provided prior to October 1,1991. 
SEC. 8098. From the amounts appropriated for the Department of 
Defense in the Department of Defense Appropriations Act, 1991 
(Public Law 101-511), Other Procurement, Air Force, funds may be 
used to purchase not more than 300 passenger motor vehicles, of 
which 290 shall be for replacement only. 
SEC. 8099. During the current fiscal year, the Secretary of Defense 
may accept burdensharing contributions in the form of money from 
the Republic of Korea for the costs of local national employees, 
supplies, and services of the Department of Defense to be credited to 
applicable Department of Defense operation and maintenance 
appropriations available for the salaries and benefits of Korean 
national employees, supplies, and services to be merged with and to 
be available for the same purposes and time period as those appro-
priations to which credited: Provided, That not later than 30 days Reports 
after the end of each quarter of the fiscal year, the Secretary of 
Defense shall submit to the Congress a report of contributions 
accepted by the Secretary under this provision during the preceding 
quarter. 
Korea. 
Government 
employees. 
(TRANSFER OF FUNDS) 
SEC. 8100. In addition to amounts appropriated or otherwise made 
available by this Act, $188,700,000 is hereby appropriated to the 
Department of Defense and shall be available only for transfer to 
the United States Coast Guard, of which $50,000,000 shall be avail-
able solely for the purposes of "Reserve Training" for fiscal year 
1992 and $138,700,000 shall be merged with and be available for the 
same purposes and same time period as "Operating Expenses": 
Provided, That the foregoing transfers shall be made immediately 
upon enactment of this Act. 
SEC. 8101. None of the funds available during fiscal year 1992 to 
the Department of Defense, any of its components, or any other 
Federal department, agency, or entity may be obligated or expended 
105 STAT. 1198 
PUBLIC LAW 102-172-NOV. 26, 1991 
for research, development, test, and evaluation for the space-based 
wide area surveillance projects or activities in the following Air 
Force program elements: Geophysics; Materials; Aerospace propul-
sion; Rocket propulsion and astronautics technology; Command, 
control, communications; and space surveillance technology, and for 
the Navy's program addressing the same requirements. 
SEC. 8102. During the current fiscal year, obligations against the 
stock funds of the Department of Defense may not be incurred in 
excess of 80 percent of sales from such stock funds during the 
current fiscal year: Provided, That in determining the amount of 
obligations against, and sales from the stock funds, obligations and 
sales for fuel, subsistence, commissary items, retail operations, the 
cost of operations, and repair of spare parts shall be excluded: 
Provided further, That upon a determination by the Secretary of 
Defense that such action is critical to the national security of the 
United States, the Secretary may waive the provisions of this sec-
tion: Provided further, That if the provisions of this section are 
waived, the Secretary shall immediately notify the Congress of the 
waiver and the reasons for such a waiver. 
SEC. 8103. None of the funds appropriated by this Act shall be 
available for the compensation of military and civilian personnel 
assigned to each of the headquarters of the Naval Sea Systems 
Command, Naval Air Systems Command, Space and Naval Warfare 
Systems Command, Naval Supply Systems Command and Naval 
Facilities Engineering Command in excess of 90 percent of the 
number of personnel assigned to each such command headquarters 
as of September 30,1991. 
SEC. 8103A. Of the funds appropriated under the heading "Drug 
Interdiction, Defense" in Public Law 101-165, $2,500,000 of funds 
previously transferred to the Department of the Treasury shall, 
upon enactment of this Act, be transferred to the "Emergency 
Management Planning and Assistance" appropriation account of 
the Federal Emergency Management Agency. 
SEC. 8104. (a) None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
P-3 squadrons of the Navy Reserve below the levels funded in this 
Act. 
(b) The Secretary of the Navy shall obligate funds appropriated 
for fiscal years 1991 and 1992 for modernization of P-3B aircraft of 
the Navy Reserve on those P-3B aircraft which the Secretary of the 
Navy intends to keep in the fleet for more than five years: Provided, 
That the provision of section 1437 of the National Defense 
Authorization Act, 1991 (Public Law 101-510) shall not be consid-
ered in, or have any effect on, making any determination whether 
such aircraft shall be kept in the fleet for more than five years. 
SEC. 8104A. None of the funds available to the Department of 
Defense may be used for research, development, test, evaluation, 
installation, integration, or procurement of an advanced radar 
warning receiver for the B-IB aircraft: Provided, That this limita-
tion shall not apply to the side-by-side testing of the ALR-62I and 
the ALR-56M radar warning receivers: Provided further. That not-
withstanding section 132 of the National Defense Authorization Act 
for fiscal years 1992 and 1993 (H.R. 2100), $8,000,000 is available 
only for, and shall be expended for, the side-by-side testing of the 
ALR-62I and the ALR-56M radar warning receivers. 
SEC. 8105. Notwithstanding any other provision of law, none of the 
funds made available to the Department of the Army for fiscal years 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1199 
1990, 1991, and 1992 for C-23 aircraft which remain available for 
obligation may be obligated or expended except to maintain com-
monality with C-23 Sherpa aircraft already in the Army National 
Guard fleet, and such funds may not be obligated for acquisition of 
modified commercial aircraft, unless the modifications are per-
formed in the United States under a license agreement with the 
original manufacturer and are in accordance with the SD3-30 air-
craft type specification as modified for Army mission requirements. 
SEC. 8105A. In addition to amounts appropriated elsewhere in this Philippines. 
Act, $100,000,000 is appropriated for payment of claims to United Claims. 
States military and civilian personnel for damages incurred as a 
result of the volcanic eruption of Mount Pinatubo in the Philippines: 
Provided, That an additional $25,000,000 is appropriated to be avail-
able only for the relocation of Air Force units from Clark Air Force 
Base, of which $8,500,000 shall be available until September 30,1994 
only for the construction and modification of F-16 facilities for the 
Cope Thunder and other missions at Eielson Air Force Base and 
$2,500,000 shall be available until September 30, 1994 only for the 
construction and modification of squadron operation facilities at 
Elmendorf Air Force Base: Provided further, That an additional 
$25,000,000 is appropriated, to remain available until expended, for 
the unanticipated costs of disaster relief activities of the Depart-
ment of Defense and the military services overseas, and that funds 
allocated under this proviso shall be expended at the direction of the 
Unified Commander-in-Chief responsible for the locations to which 
United States military personnel are deployed for disaster relief 
missions. 
SEC. 8106. None of the funds appropriated in this Act may be 
obligated or expended for any contract or grant with a university or 
other institution of higher learning unless such contract or grant is 
audited in accordance with the Federal Acquisition Regulation and 
the Department of Defense Federal Acquisition Regulation Supple-
ment or any other applicable auditing standards and requirements 
and the institution receiving the contract or grant fully responds to 
all formal requests for financial information made by responsible 
Department of Defense officials: Provided, That if an institution 
does not provide an adequate financial response within 12 months, 
the Secretary of Defense shall terminate that and all other Depart-
ment of Defense contracts or grants with the institution. 
SEC. 8107. Funds appropriated in this Act to finance activities of 
Department of Defense (DOD) federally-funded research and devel-
opment centers (FFRDCs)— 
(a) are limited to 4 percent less than the amount appropriated 
for FFRDCs in fiscal year 1991 and therefore are reduced by 
$133,300,000; and 
(b) may not be obligated or expended for an FFRDC if a 
member of its Board of Directors or Trustees simultaneously 
serves on the Board of Directors or Trustees of a profit-making 
company under contract to the Department of Defense unless 
the FFRDC has a DOD-approved conflict of interest policy for 
its members: Provided, That section (a) of this provision shall 
not apply to the Software Engineering Institute or to certain 
classified activities conducted by the Institute for Defense 
SEC. 8108. Section 361 of Public Law 101-510 is hereby repealed. 104 Stat. 1541. 
SEC. 8108A. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
105 STAT. 1200 
PUBLIC LAW 102-172—NOV. 26, 1991 
Contracts. 
Employment. 
Inter-
governmental 
relations. 
10 u s e 2488 
note. 
transportation of chemical munitions to the Johnston Atoll for the 
purpose of storing or demilitarizing such munitions. 
Qo) The prohibition in subsection (a) shall not apply to: 
(1) any chemical munition withdrawn from the Federal 
Republic of Germany under a European retrograde program; or 
(2) any obsolete World War II chemical munition of the 
United States found in the World War II Pacific Theater of 
Operations. 
(c) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party. 
SEC. 8109. None of the funds available in this or any other Act 
shall be available for the preparation of further studies on the 
feasibility of removal and transportation of unitary chemical weap-
ons from the eight chemical storage sites within the continental 
United States. This prohibition does not apply to studies needed for 
environmental analyses required by the National Environmental 
Policy Act. 
SEC. 8110. None of the funds appropriated in this Act shall be 
available to comply with, or to implement any provision issued in 
compliance with, the August 27, 1984 memorandum of the Deputy 
Secretary of Defense entitled "Debarment from Defense Contracts 
for Felony Criminal Convictions". 
SEC. 8110A. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense in fiscal year 1992 
for construction or service performed in whole or in part in a State 
which is not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unemployment as 
determined by the Secretary of Labor shall include a provision 
requiring the contractor to employ, for the purpose of performing 
that portion of the contract in such State that is not contiguous with 
another State, individuals who are residents of such State and who, 
in the case of any craft or trade, possess or would be able to acquire 
promptly the necessary skills: Provided, That the Secretary of De-
fense may waive the requirements of this section in the interest of 
national security. 
SEC. 8111. None of the funds appropriated or made available in 
this Act shall be used to procure carbon, alloy or armor steel plate 
for use in any Government-owned facility or property under the 
control of the Department of Defense which were not melted and 
rolled in the United States or Canada: Provided, That these procure-
ment restrictions shall apply to any and all Federal Supply Clsiss 
9515, American Society of Testing and Materials (ASTM) or Amer-
ican Iron and Steel Institute (AISI) specifications of carbon, alloy or 
armor steel plate: Provided further. That the Secretary of the 
military department responsible for the procurement may waive 
this restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to 
meet Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire capability 
for national security purposes: Provided further. That these restric-
tions shall not apply to contracts which are in being as of the date of 
enactment of this Act. 
SEC. 8111 
A. None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated fund activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1201 
sold by the drink) on a military installation located in the United 
States, unless such malt beverages and wine are procured in that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall apply to all 
alcoholic beverages for military installations in States which are not 
contiguous with another State: Provided further. That alcoholic 
beverages other than wine and malt beverages in contiguous States 
and the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
SEC. 8112. (a) During fiscal year 1992, the Critical Technologies 
Institute shall conduct a special study of the issues regarding the 
production and use of machine tools necessary to support the na-
tional defense. For the purposes of this section— 
(1) "critical technology" means the act of a domestic industry 
in producing a product without which machine tools necessary 
to support the national defense could not be produced; 
(2) "domestic producer" means those producers, situated 
within the United States, or its territories, wherein over 50 
percent of the total voting stock of such producer is owned and 
controlled by citizens of the United States; and 
(3) "national security" means the interest of the United 
States Government to preserve those basic conditions necessary 
to a domestic producer, using a critical technology, that are 
adequate to permit capital investment for needed improvements 
in technology that will enable the overall domestic industry to 
remain competitive. 
(b) No later than one calendar year from the date of enactment of Reports, 
this Act, the Critical Technologies Institute shall prepare and de-
liver to the Committees on Appropriations and Armed Services of 
the House of Representatives and the Senate, the Ways and Means 
Committee of the House of Representatives, and the Finance 
Committee of the Senate a report providing— 
(1) a listing and detailing of those products determined to be 
within the definition of "critical technology"; 
(2) a summary of the general economic condition of domestic 
industries producing a product used in a critical technology in 
the United States (including, but not limited to, productivity, 
exportation of products, capacity, and profitability); 
(3) a summary o
f
— 
(A) current and prospective trends in the ability to com-
pete by such industries; and 
(B) the effect of such trends on employment and un-
employment, individual and corporate income levels, pri-
vate capital accumulation and investment, the balance of 
payments, revenues and expenditures of the Federal 
Government, and other relevant indicators of the economic 
health of such industries; 
(4) a detailed review of policies, programs, and activities of the 
Federal Government, State and local governments, and non-
governmental entities that adversely affect the economic health 
(and ability to produce) of domestic industries using a critical 
technology; 
(5) recommendations to— 
105 STAT. 1202 
PUBLIC LAW 102-172—NOV. 26, 1991 
(A) minimize or eliminate the adverse effects of Federal 
policies, programs, and activities affecting such industries; 
and 
(B) encourage State and local governments and non-
governmental entities to minimize or eliminate the adverse 
effects of their policies, programs, and activities affecting 
such domestic industries; 
(6) a detailed review of policies, programs, and activities of 
foreign governments, particularly major trading partners of the 
United States, that adversely affect domestic industries using a 
critical technology in the United States and in the international 
marketplace, and such policies or activities that would act to 
impair or threaten to impair our national security; and 
(7) recommendations to encourage foreign governments to 
modify or eliminate policies, programs, and activities that ad-
versely affect such industries. 
SEC. 8112A. (a) Of the funds made available by this Act in title III, 
Procurement, $8,000,000, drawn pro rata from each appropriations 
account in title III, shall be available for incentive payments au-
thorized by section 504 of the Indian Financing Act of 1974, 25 
Regulations. 
U.S.C. 1544. These payments shall be available only to contractors 
which have submitted subcontracting plans pursuant to 15 U.S.C. 
637(d)(4)(B), and according to regulations which shall be promul-
gated by the Secretary of Defense within 90 days of the passage of 
this Act. 
25 use 1301 
(b) Section 8077(d) of Public Law 101-511 (104 Stat. 1892) is 
n°*«- 
amended by striking out "1991" and inserting in lieu thereof "1993". 
SEC. 8113. (a) Notwithstanding any other provision of law, none of 
the funds available to the Secretary of Defense shall be used to 
purchase bridge or machinery control systems, or interior commu-
nications equipment, for the Sealift Program unless, in each case— 
(1) the system or equipment is manufactured in the United 
States; or 
(2) more than half of the value in terms of costs has been 
added in the United States by a United States company under 
license from a foreign company. 
(b) The Secretary may waive the requirement of subsection (a) of 
this section if, in each case— 
(1) the system or equipment described in subsection (a) is not 
available; or 
(2) the cost of compliance would be unreasonable compared to 
the costs of purchase from a foreign manufacturer. 
SEQ. 8113A. (a) Notwithstanding any other provision of law, co-
operative agreements and other transactions undertaken pursuant 
to section 2371 of title 10, United States Code, may during fiscal year 
1992 be entered into only by the Defense Advanced Research 
Projects Agency. 
(b) Of the funds appropriated to the Department of Defense during 
fiscal year 1992, not more than $75,000,000 may be obligated or 
expended for Department of Defense dual-use critical technology 
partnerships: Provided, That such partnerships may be entered into 
only by the Defense Advanced Research Projects Agency during 
fiscal year 1992. 
(c) Of the funds appropriated to the Department of Defense during 
fiscal year 1992, other than amounts in the "pre-competitive tech-
nology development" program element referred to in subsection (b), 
not more than $37,500,000 may be obligated or expended by the 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1203 
Defense Advanced Research Projects Agency for research, develop-
ment, test, and evaluation activities undertalcen pursuant to section 
2371 of title 10, United States Code. 
(TRANSFER OF FUNDS) 
SEC. 8114. Of the funds appropriated in this Act for "Operation 
and Maintenance, Defense Agencies", $30,000,000 shall be trans-
ferred to the "Radiation Exposure Compensation Trust Fund" estab-
lished by section 3 of the Radiation Exposure Compensation Act 
(Public Law 101-426; 104 Stat. 920) to be available for the same 
purpose and same time period as that Fund. 
SEC. 8115. Notwithstanding section 2805 of title 10, of the funds 
appropriated in this Act for "Operation and Maintenance, Navy", 
$2,100,000 shall be available for a grant to the Navsd Undersea 
Museum Foundation for the completion of the Naval Undersea 
Museum at Ke5rport, Washington: Provided, That these funds shall 
be available solely for project costs and none of the funds are for 
remuneration of any entity or individual associated with fund rais-
ing for the project. 
SEC. 8115A. The Department of Defense and the Military Services 
may take no action to prohibit, impede or otherwise interfere with 
construction of conventionally powered submarines by nonpublic 
owned and operated ship construction and repair entities in the 
United States for sale to nations with which the United States 
maintains bilateral or multilateral mutual security agreements, or 
nations which currently receive foreign military sales credits or 
economic support funds from the United States: Provided, That the 
Department of Defense may provide recommendations to the 
Department of State regarding the national security implications of 
proposed foreign military sales. 
SEC. 8116. For the purposes of this Act, the term "congressional 
defense committees" means the Committees on Armed Services, the 
Committees on Appropriations, the Committee on Appropriations, 
subcommittees on Defense of the Senate and the House of Rep-
resentatives. 
SEC. 8117. Notwithstanding any other provision of law, no more 
than fifteen percent of the funds available to the Department of 
Defense for sealift may be used to acquire through charter or 
purchase, ships constructed in foreign shipyards: Provided, That 
ships acquired as provided above shall be necessary to satisfy the 
shortfalls identified in the Mobility Requirements Study: Provided 
further, That any work required to convert foreign built ships 
acquired as provided above to United States Coast Guard and 
American Bureau of Shipping standards, or conversion to a more 
useful military configuration, must be accomplished in United 
States domestic shipyards: Provided further. That no foreign built 
ships may be acquired, through charter or purchase, until submis-
sion of the Mobility Requirements Study to the congressional de-
fense committees. 
SEC. 8117A. None of the funds made available by this Act shall be 
available for any Military Department of the United States to 
conduct bombing training, gunnery training, or similar munitions 
delivery training on the parcel of land known as Kahoolawe Island, 
Hawaii. 
SEC. 8118. (a) Funds shall be made available to the Secretary of 
Israel. 
Defense for the study of: 
105 STAT. 1204 
PUBLIC LAW 102-172—NOV. 26, 1991 
(1) Israeli aerospace and avionics technology and its potential 
applications to ATF, NATF, CAS and LH aircraft programs, as 
well as other anticipated aircraft programs. 
(2) Potential areas of joint United States-Israel collaboration 
in technology research and development projects including, but 
not limited to, tactical directed energy weapons; camouflage, 
concealment, deception and stealth measures; aerial and wide-
area munitions; fiber optic guided missiles (FOG-M); and the 
adaption of the HAVE NAP to the B-1 and B-2 bombers. 
(3) The features and possible contributions of Israeli space 
technology to Department of Defense programs including, but 
not limited to, Israeli launchers, and including, but not limited 
to, cost-effectiveness in design and production of such tech-
nologies and systems. 
(4) Israeli antiterrorism technologies, and their potential ap-
plications to Department of Defense programs and operations, 
including, but not limited to, remote-controlled robots, security 
fences of all types, specialized x-ray and detection machines, 
and fast patrol boats. The Secretary of Defense shall work with 
the Office of Technology Assessment in conducting an examina-
tion of these subjects. 
(5) Possible applications of Israeli interdiction technologies to 
American efforts at drug interdiction, including, but not limited 
to, unmanned aerial vehicles, fast patrol boats, state-of-the-art 
ship and coastal radars, integrated command and control sys-
tems, and land interdiction systems such as visual and infra-red 
cameras, motion sensors and electronic fences. 
(6) Applications of environmental technologies and manufac-
turing capabilities to include, but not limited to, energy storage, 
energy conversion and renewable energy technologies. 
(7) Applications of critical technologies and manufacturing 
capabilities as defined by the Department of Defense's Critical 
Technologies Plan. 
Reports. 
(b) The Secretary of Defense shall submit a final report with 
concrete recommendations and plans for implementation as appro-
priate to the Committees on Appropriations of the Senate and the 
House no later than August 1,1992. 
SEC. 8119. None of the funds appropriated or made available in 
this Act or any prior Acts shall be obligated or expended to imple-
ment the United States Army Corps of Engineers Reorganization 
Study until such reorganization proposed is specifically authorized 
by law after the date of enactment of this Act. 
SEC. 8120. Notwithstanding any other provision of law, during the 
current fiscal year, the Secretary of Defense may acquire the modi-
fication, depot maintenance and repair of aircraft, vehicles and 
vessels as well as the production of components and other Defense-
related articles, through competition between Department of De-
fense depot maintenance activities and private firms: Provided, That 
the Secretary shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Management and Budget 
Circular A-76 shall not apply to competitions conducted under this 
section. 
10 use 2208 
SEC. 8121. (a) There is established on the books of the Treasury a 
"°*®- 
fund entitled the "Defense Business Operations Fund" (hereinafter 
referred to as the "Fund") to be operated as a working capital fund 
under the provisions of section 2208 of title 10, United States Code. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1205 
Contracts. 
10 use 2341 
note. 
Existing organizations which shall operate as part of the Fund shall 
include, but not be limited to, (1) The Defense Finance and Account-
ing Service; (2) The Defense Commissary Agency; (3) The Defense 
Technical Information Center; (4) The Defense Reutilization and 
Marketing Service; and (5) The Defense Industrial Plant Equipment 
Service. 
(b) Upon the enactment of this Act, there shall be transferred to 
the Fund all assets and balances of working capital funds heretofore 
established under the provisions of section 2208 of title 10, United 
States Code. 
(c) Amounts charged for supplies and services provided by the 
Fund shall include capital asset charges which shall be calculated so 
that the total amount of the charges assessed during any fiscal year 
shall equal the total amount of (1) the costs of equipment purchased 
during that fiscal year by the Fund for the purpose of providing 
supplies and services by the Fund and (2) the costs, other than costs 
of military construction, of capital improvements made for the 
purpose of providing services by the Fund. 
(d) Capital asset charges collected pursuant to the provisions of 
subsection (c) shall be credited to a subaccount of the Fund which 
shall be available only for the payment of: (1) the costs of equipment 
purchased by the Fund for the purpose of providing supplies and 
services by the Fund and (2) the costs other than costs of military 
construction, of capital improvements made for the purposes of 
providing services by the Fund. 
SEC. 8122. (a) Notwithstanding any other provision of law, funds 
appropriated under this Act for the Department of Defense shall be 
made available for the Overseas Workload Program: Provided, That 
a firm of any member nation of the North Atlantic Treaty Organiza-
tion (NATO) or of any major non-NATO ally or countries in the 
European Theater, shall be eligible to bid on any contract for the 
maintenance, repair, or overhaul of equipment of the Department of 
Defense to be awarded under competitive procedures as part of the 
program of the Department of Defense known as the Overseas 
Workload Program. 
Qo) A contract awarded during fiscal year 1992, or thereafter, to a 
firm described in subsection (a) may be performed in the theater in 
which the equipment is normally located or in the country in which 
the firm is located. 
(c) For purposes only of this section, Israel shall be considered in Israel, 
the European Theater in every respect, with its firms fully eligible 
for nonrestrictive, nondiscriminatory contract competition under 
the Overseas Workload Program. 
(d) No funds appropriated for the Overseas Workload Program for 
fiscal year 1992 or thereafter shall be used for contracts awarded in 
fiscal year 1992 or thereafter which have not been opened for 
competition in a manner consistent with this provision. 
SEC. 8123. (a)(1) If the Secretary of Defense, after consultation 41 USC lOb-2. 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (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 
105 STAT. 1206 
PUBLIC LAW 102-172—NOV. 26, 1991 
10 use 114 
note. 
President. 
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. 
Reports. 
(b) The Secretary of Defense shall submit to Congress a report on 
the amount of Department of Defense purchases from foreign enti-
ties 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) 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 Departments for the fiscal year 
ending June 30, 1934, and for other purposes", approved March 3, 
1933 (41 U.S.C. 10a et seq.). 
SEC. 8124. The Classified Annex prepared by the Committee of 
Conference to accompany the conference report on the bill H.R. 2521 
of the One Hundred Second Congress and transmitted to the Presi-
dent is hereby incorporated into this Act: Provided, That the 
amounts specified in the Classified Annex are not in addition to 
amounts appropriated by other provisions of this Act: Provided 
further, That the President shall provide for appropriate distribu-
tion of the Classified Annex, or of appropriate portions of the 
Classified Annex, within the executive branch of the Government. 
SEC. 8125. (a) Of the funds appropriated under the heading "Re-
search, Development, Test and Evaluation, Defense Agencies" in 
title IV of this Act, not less than $27,000,000 shall be available only 
for the Flexible Computer Integrated Manufacturing (FCIM) Sys-
tems Programs. 
(b) Of the amount made available by subsection (a) above, not less 
than $4,000,000 shall be made available only as a grant to the 
Institute for Advanced Flexible Manufacturing Systems. 
(c) The grant made available by subsection (b) above shall be 
administered by the Defense Advanced Research Projects Agency 
through the National Center for Manufacturing Sciences. 
(d) Of the amount made available by subsection (a) above, not less 
than $11,500,000 shall be made available to the Secretary of the 
Navy only for the continuation of the Rapid Acquisition of Manufac-
tured Parts program (RAMP) and for establishing a RAMP-FCIM 
Center for Manufacturing Excellence. 
(e) Of the amount made available by subsection (a) above, not less 
than $11,500,000 shall be made available to the Secretary of the 
Army only for application of RAMP-FCIM technology to selected 
Army depots. 
Alaska. 
SEC. 8126. (a) Property as defined in section 8133 of the Depart-
Real property. 
j^ent of Defense Appropriations Act of 1991 (104 Stat. 1909) held by 
Federal agencies or instrumentalities and which is not scheduled for 
disposition by sale prior to October 1, 1996, as determined by such 
ajgencies or instrumentalities shall be, except as provided in subsec-
tion (b) of this section, transferred to the Secretary of the Interior, at 
his request, without compensation or reimbursement, for the pur-
pose of entering into a land exchange or exchanges with the Calista 
Corporation, a corporation organized under the laws of the State of 
Alaska. The Secretary is authorized to exchange such property for 
the lands and interests in lands (which for purposes of this section 
include lands, partial estates, and land selection rights) of equal 
value identified in the document entitled "The Calista Conveyance 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1207 
and Relinquishment Document", dated October 28, 1991. The value 
of the lands and interests in lands included in that document shall 
be determined by the Secretary of the Interior not later than nine 
months after the date of enactment of this section. In making such 
value determination, the Secretary shall consider, in addition to the 
"Uniform Appraisal Standards for Federal Land Acquisitions", the 
public interest values of such lands and interests in lands, including, 
but not limited to, the location of such lands and interests in lands 
within the boundary of a national wildlife refuge, and statutorily 
authorized or mandated exchanges with and acquisitions by the 
Federal Government of lands and interests in lands in Alaska. In 
the event that the parties cannot agree on the value of such lands 
and interests in land, the procedures specified in subsection 206(d), 
of Public Law 94-579, as amended, shall be used to establish the 
value: Provided, That the average value per acre of such lands and 
interests in lands shall be no more than $300. Property exchanged 
and conveyed by the United States pursuant to this section shall be 
considered and treated as conveyances of land entitlements under 43 
U.S.C. 1601 through 1642 (except for subsections (a) through (c) and 
(f) through (j) of section 1620, section 162703), and section 1636(d)). 
O
b
) Prior to October 1, 1996, no property held for sale by the Real property. 
Resolution Trust Corporation or the Federal Deposit Insurance 
Corporation shall be transferred to the Secretary of the Interior to 
carry out the purposes of this section. 
(c) The Secretary of the Interior shall maintain an accounting of 
the value of lands and interests in lands remaining to be conveyed 
or relinquished by Calista Corporation pursuant to this section. On 
October 1, 1996, the Secretary of the Treasury shall establish a 
property account with an initial balance equal to the value of lands 
and interests in lands which Calista Corporation has not then 
conveyed or relinquished to the United States pursuant to this 
section. Subject to reduction upon conveyances pursuant to subsec-
tion (a) of this section, said account shall be available on or after 
October 1, 1996, for the sale of property by all agencies or 
instrumentalities of the United States, to the same extent as is 
separately authorized to the accounts described in subsection 
9102(a)(2) of the Department of Defense Appropriations Act, 1990 
(103 Stat. 1151). 
SEC. 8127. None of the funds appropriated or made available in 
this Act or any Act making appropriations for the Department of 
Defense for fiscal year 1992 may be obligated for procurement of ball 
bearings or roller bearings other than in accordance with the provi-
sions of subpart 208.79 of the Defense Federal Acquisition Regula-
tion Supplement (DFARS) as promulgated effective on July 11, 1989. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 
8128. Notwithstanding 
any 
other 
provision 
of 
law, 
$105,000,000 made available in the fiscal year 1991 Department of 
Defense Appropriations Act for "Aircraft Carrier Service Life 
Extension Program" under the heading "Shipbuilding and Conver-
sion, Navy, 1991/1995" shall be utilized only for a large scale 
industrial availability, presumed to be 24 months, of the USS JOHN 
F. KENNEDY at the Philadelphia Naval Shipyard: Provided, That 
at least $23,000,000 shall be transferred to "Other Procurement, 
Navy, 1992/1994" for the purchase of items to be used for a large 
scale industrial availability of the USS JOHN F. KENNEDY at the 
105 STAT. 1208 
PUBLIC LAW 102-172—NOV. 26, 1991 
Environmental 
protection. 
California. 
Reports. 
10 u s e 2687 
note. 
Philadelphia Naval Shipyard: Provided further, That the remaining 
funds shall be retained in the "Aircraft Carrier Service Life Exten-
sion Program" until required for transfer for the purpose of plan-
ning, scheduling, and any other such work as is necessary to prepare 
for and execute a large scale industrial availability of the USS 
JOHN F. KENNEDY at the Philadelphia Naval Shipyard. 
SEC. 8129. (a) Within the funds made available to the Air Force 
under title II of this Act, the Air Force shall use such funds as 
necessary, but not to exceed $26,000,000, to execute the cleanup of 
uncontrolled hazardous waste contamination affecting the Sale 
Parcel at Hamilton Air Force Base, in Novato, in the State of 
California. 
Ot)) In the event that the purchaser of the Sale Parcel exercises its 
option to withdraw from the sale as provided in the Agreement, 
dated September 25, 1990, between the Department of Defense, the 
General Services Administration, and the purchaser, the pur-
chaser's deposit of $4,500,000 shall be returned by the General 
Services Administration and funds eligible for reimbursement under 
the Agreement and Modification shall come from the funds made 
available to the Department of Defense by this Act. 
(c) Notwithstanding any other provision of law, the Air Force 
shall be reimbursed for expenditures in excess of $15,000,000 in 
connection with the total clean-up of uncontrolled hazardous waste 
contamination on the aforementioned Sale Parcel from the proceeds 
collected upon the closing of the Sale Parcel. 
SEC. 8130. The Comptroller General of the United States, in 
conjunction with the Department of the Navy, shall issue a report 
no later than July 1, 1992, on the Navy's accounting practices at its 
nuclear shipyards. The report shall include a detailed review of the 
Navy's current plan for the handling and disposal of all nuclear 
materials and radioactively contaminated materials of nuclear pow-
ered vessels. The report shall include cost evaluations and projec-
tions for the next twenty years based on the current Navy plan. 
SEC. 8131. It is the sense of the Congress that in acting on the 
Joint Resolution of Disapproval of the 1991 Base Closure Commis-
sion's recommendation, the Congress takes no position on whether 
there has been compliance by the Base Closure Commission, and the 
Department of Defense with the requirements of the Defense Base 
Closure and Realignment Act of 1990. Further, the vote on the 
resolution of disapproval shall not be interpreted to imply Congres-
sional approval of all actions taken by the Base Closure Commission 
and the Department of Defense in fulfillment of the responsibilities 
and duties conferred upon them by the Defense Base Closure and 
Realignment Act of 1990, but only the approval of the recommenda-
tions issued by the Base Closure Commission. 
50 u s e 404a 
note. 
NATIONAL COMMISSION ON THE FUTURE ROLE OF UNITED STATES NU-
CLEAR WEAPONS, PROBLEMS OF COMMAND, CONTROL, AND SAFETY OF 
SOVIET NUCLEAR WEAPONS, AND REDUCTION OF NUCLEAR WEAPONS 
SEC. 8132. (a) ESTABUSHMENT.—There is hereby established a 
National Commission on the Future Role of United States Nuclear 
Weapons, Problems of Command, Control, and Safety of Soviet 
Nuclear Weapons, and Reduction of Nuclear Weapons (hereafter in 
this section referred to as the "Commission"). 
Ot)) COMPOSITION.—(1) The Commission shall be composed of twelve 
members, appointed as follows: 
PUBUC LAW 102-172—NOV. 26,1991 
105 STAT. 1209 
(A) 4 members shall be appointed by the President. 
Premdent. 
(B) 4 members shall be appointed by the Speaker of the House 
of Representatives in consultation with the minority leader of 
the House of Representatives. 
(C) 4 members shall be appointed by the President pro tem-
pore of the Senate upon the recommendation of the msgority 
leader and the minority leader of the Senate. 
(2) The members of the Commission shall be appointed on a non-
partisan basis from among persons having knowledge and experi-
ence in defense, foreign policy, nuclear weapons, and arms control 
matters. 
(3) Members of the Commission shall be appointed for the life of 
the Commission. A vacancy on the Commission shall not affect its 
powers, but shall be filled in the same manner as the original 
appointment was made. 
(4) The members of the Commission shall be appointed not later 
than March 1, 1992. The Commission may not begin to carry out its 
duties under this section until seven members of the Commission 
have been appointed. 
(5) The Chairman of the Commission shall be elected by and from 
the members of the Commission. 
(c) DUTIES.—The Commission shall assess, report on, and issue 
recommendations regarding— 
(1) the role of, and requirements for, nuclear weapons in the 
security strategy of the United States as a result of the signifi-
cant changes in the former Warsaw Pact, the former Soviet 
Union, and the Third World; 
(2) actions the United States should take with respect to such 
weapons in its national security posture by reason of such 
changes; 
(3) the problems of command, control, and safety of nuclear 
weapons resulting from the changes taking place in the Soviet 
Union; 
(4) identification of possibilities for international cooperation 
between the United States and the Soviet Union and among 
other countries regarding such problems; 
(5) the implications of the changes in the Soviet Union on the 
policy of the United States regarding the problems of command, 
control, and safety of Soviet nuclear weapons and on the 
possibilities for international cooperation regarding such prob-
lems; 
(6) future actions by the United States regarding the matters 
referred to in paragraphs (3)-(5) above; 
(7) what safeguards, including the possible deplo3anent of 
limited defenses, to protect against the threat of accidental or 
unauthorized use of nuclear weapons; 
(8) what specific goals, consistent with the principle of 
maintaining deterrence and strategic stability at the lowest 
levels of armament, should be established for the reduction of 
strategic and tactical nuclear weapons; and 
(9) what techniques for dismantling nuclear warheads and 
disposing of nuclear materials could be incorporated into future 
arms control agreements. 
(d) To £issist it in carrying out its duties with respect to the 
matters listed in subsection (c) (3)-(6) above, the Commission is 
requested to obtain a study from the National Academy of Sciences 
on these matters. Such a study would be a follow-on endeavor to the 
105 STAT. 1210 
PUBLIC LAW 102-172—NOV. 26, 1991 
study concluded by the National Academy in September, 1991, on 
the nuclear relationship of the United States and the Soviet Union. 
(e) To assist it in carrying out its duties with respect to the 
matters listed in subsection (c) (7)-(9) above, the Commission shall 
request the President to establish and support a joint working 
group, to be comprised of experts from governments of the United 
States and from the former Soviet Union, who shall meet on a 
regular basis in order to discuss and provide specific recommenda-
tions regarding these matters. The joint working group shall be 
comprised— 
(1) on the United States side, of such governmental experts as 
, the President may deem appropriate; and 
(2) such governmental representatives from the former Soviet 
Union as the President may arrange. 
(f) It is the sense of the Congress that the Presidents of both the 
United States and the former Soviet Union should encour^e their 
respective defense departments €ind related intelligence agencies to 
examine what relevant information should be declassified or other-
wise shared within the joint working group discussed in subsection 
(e) above in order to support the fulfillment of its mandate. 
(g) REPORT.—(1) The Commission shall submit to the President 
and the relevant Congressional committees a final report on the 
assessments and recommendations referred to in subsection (c) not 
later than May 1,1993. The report shall be submitted in unclassified 
and classified versions. 
(2) The Commission shall provide the President and the relevant 
Congressional committees reports on a quarterly basis which elabo-
rate on the Commission's progress in fulfilling its duties and on the 
use of the funds available to the Commission. 
(3) For the purposes of this section, the relevant Congressional 
committees are the Committees on Appropriations and Armed Serv-
ices of the Senate and House of Representatives, the Committee on 
Foreign Relations of the Senate, the Committee on Foreign Affairs 
of the House of Representatives, the Select Committee on Intel-
ligence of the Senate, and the Permanent Select Committee on 
Intelligence of the House of Representatives. 
(h) POWERS.—(1) The Commission may, for the purpose of carrying 
out this section, conduct such hearings, sit and act at such times, 
take such testimony, and receive such evidence, as the Commission 
considers appropriate. 
(2) The Commission may secure directly from any department or 
agency of the Federal Government such information, relevant to its 
duties under this section, as may be necessary to carry out such 
duties. Upon request of the Chairman of the Commission, the head 
of the department or agency shall, to the extent permitted by law, 
furnish such information to the Commission. 
(3) The Commission may use the United States mails in the same 
manner and under the same conditions as the departments and 
agencies of the Federal Government. 
(4) The Secretary of Defense shall provide to the Commission such 
reasonable administrative and support services as the Commission 
may request. The Secretary shall provide similar services to the 
joint working group referred to in subsection (e) as the working 
group may request. 
(i) COMMISSION PROCEDURES.—(1) The Commission shall meet on a 
regular basis (as determined by the Chairman) and at the call of the 
Chairman or a majority of its members. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1211 
(2) A majority of the members of the Commission shall constitute 
a quorum for the transaction of business. 
(j) PERSONNEL MATTERS.—(1) Each Member of the Commission 
shall serve without compensation, but shall be allowed travel ex-
penses including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code, when engaged in the 
performance of Commission duties. 
(2) The Commission shall appoint a staff director, who shall be 
paid at a rate not to exceed the maximum rate of basic pay under 
section 5376 of title 5, United States Code, and such professional and 
clerical personnel as may be reasonable and necessary to enable the 
Commission to carry out its duties under this section without regard 
to the provisions of title 5, United States Code, governing appoint-
ments in the competitive service, and without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of such title, or 
any other provision of law, relating to the number, classification, 
and General Schedule rates. No employee appointed under this 
paragraph (other than the staff director) may be compensated at a 
rate to exceed the maximum rate applicable to level 15 of the 
General Schedule. 
(3) Upon request of the Chairman of the Commission, the head of 
any department or agency of the Federal Government is authorized 
to detail, without reimbursement, any personnel of such department 
or agency to the Commission to assist the Commission in carrying 
out its duties under this section. The detail of any such personnel 
may not result in the interruption or loss of civil service status or 
privilege of such personnel. 
(k) TERMINATION OF THE COMMISSION.—The Commission shall 
terminate upon submission of the final report required by subsec-
tion (g). 
(1) APPROPRIATIONS.—Of the funds available to the Department of 
Defense, $1,500,000 shall be made available to the Commission to 
carry out the provisions of this section. 
SEC. 8133. (a) Congress finds that: 
(1) The NATO Alliance has been a cornerstone of United 
States and world security since its foundation in 1949. 
(2) All America's NATO allies have in the past been support-
ive of the objects and purposes of the ABM Treaty. 
(3) Two of America's NATO allies have strategic forces of 
their own, which would be directly affected by significant 
changes to the ABM Treaty. 
(4) Changes in the ABM Treaty would have profound political 
and security implications for every member of the NATO Alli-
ance and other allies of the United States. 
(b) Before initiating negotiations with the Soviet Union with the 
objective of making significant modifications to the Anti-Ballistic 
Missile Treaty, and its associated protocol, the President should 
consult with the allies of the United States in the North Atlantic 
Treaty Organization, Japan, and other allies as appropriate and 
seek a consensus on negotiating objectives concerning defensive 
systems that would enhance the security interests of the member 
states of NATO and other allies and strengthen the NATO Alliance 
as a whole. 
SEC. 8134. Notwithstanding any other law, the Secretary of Com-
merce is authorized to accept the transfer of funds from other 
departments and agencies of the Federal Government as he or she 
may deem appropriate to carry out the objectives of the Public 
105 STAT. 1212 
PUBLIC LAW 102-172—NOV. 26, 1991 
Works and Development Act of 1965, as amended: Provided, That 
such funds are used for the purposes for which they are specifically 
appropriated: Provided further. That such transferred funds shall 
remain available until obligated and expended. 
37 use 301b 
SEC. 8135. (a) Notwithstanding any provision of section 301b of 
°*>*®- 
title 37, United States Code, of section 611 of Public Law 100-456 as 
in effect at any time prior to the date of enactment of this Act, in 
the case of any officer described in subsection Qa\ who was entitled 
to special pay under an agreement authorized by one of those 
sections, who was not paid the full amount due under such agree-
ment, the unpaid balance shall be paid as part of the settlement of 
the officer's final military pay account. 
(b) An officer to whom subsection (a) is an aviation officer who 
died as a result of flight operations on or sifter January 17, 1991, in 
those areas of the Arabian Peninsula, airspace, and adjacent waters 
designated by the President in Executive Order 12744 on 21 January 
1991 as a combat zone and prior to cessation of hostilities as 
declared by competent authority, before completing the full period 
of aviation service agreed to in his or her agreement to remain on 
active duty in aviation service under section 302b of title 37, United 
States Code, or section 611 of Public Law 100-456. 
SEC. 8136. Up to $20,000,000 in unobligated and unexpended funds 
in any appropriation made for Air Force programs in the Depart-
ment of Defense Appropriations Act, 1991, shall be available to 
provide reimbursements for launch services costs authorized to be 
waived by the 1988 Amendments to the Commercial Space Launch 
Act: Provided, That the Department of Defense shall notify the 
Committees on Appropriations of the House and Senate not less 
than 30 calendar days in session prior to the obligation of funds for 
this purpose. 
SEC. 8137. Section 2208 of title 10, United States Code, is amended 
to redesignate the current subsection (j) to subsection (k) and add a 
new subsection (j) as follows: 
"(j) The Secretary of the Army may authorize a working capital 
funded Army industrial facility to manufacture or remanufacture 
articles and sell these articles, as well as manufacturing or remanu-
facturing services provided by such facilities, to persons outside the 
Department of Defense if— 
"(1) the person purchasing the article or service is fulfilling a 
Department of Defense contract; and 
(2) the Department of Defense solicitation for such contract 
is open to competition between Department of Defense activities 
and private firms.". 
10 use 2774 
SEC. 8138. Notwithstanding any other provision of law, the Sec-
"°*®- 
retary of Defense may, when he considers it in the best interest of 
the United States, cancel any part of an indebtedness, up to $2,500, 
that is or was owed to the United States by a member or former 
member of a uniformed service if such indebtedness, as determined 
by the Secretary, was incurred in connection with Operation Desert 
Shield/Storm: Provided, That the amount of an indebtedness pre-
viously paid by a member or former member and cancelled under 
this section shall be refunded to the member. 
(TRANSFER OF FUNDS) 
SEC. 8139. In addition to the amount appropriated in Public Law 
102-140 for United States Information Agency "Salaries and ex-
PUBLIC LAW 102-172--NOV. 26, 1991 
105 STAT. 1213 
penses", $5,600,000 shall be derived by transfer from unobligated 
balances of Board for International Broadcasting, "Israel Relay 
Station", to be available for the costs of the participation of the 
United States in 1992 Columbus Quincentennial Expositions in 
Seville, Spain, and Genoa, Italy. 
SEC. 8140. Notwithstanding any other law or regulation, the 
segregative effect of the withdrawal application filed by the United 
States Forest Service with the Bureau of Land Management on 
March 9, 1953, or the withdrawals effected by Public Land Order 
3502 and Public Land Order 3556, the Secretary of the Interior, 
acting through the Director, Bureau of Land Management, is di-
rected to issue a patent to the Shiny Rock Mining Corporation for 
the Santiam No. 1 lode mining claim, situated within Sections 19 
and 30, T. 8 B., R. 5 E., W.M., Marion County, Oregon, pursuant to 
the April 22, 1991, Order of the Interior Board of Land Appeals in 
the case of United States v. Shiny Rock Mining Corporation, docket 
number IBLA 88-41. 
SEC. 8141. Notwithstanding any other provision of law, the 
Department of the Navy shall obligate not less than $10,000,000 of 
the funds appropriated in this Act for Research, Development, Test, 
and EvEduation, Navy to develop an integrated display station as an 
engineering change to the Advanced Video Processor and for the 
reestablishment of the CI Mode integration testing: Provided, That 
the funds appropriated in fiscal year 1991 for the procurement of 
the Advanced Video Processor units and associated display heads 
shall be made available to the Department of the Navy, obligated 
not later than sixty days from the enactment of this Act, and used 
for no other purpose: Provided further, That none of the funds 
appropriated in this, or any other Act, shall be made available for 
the OJ-XXX Anti-Submarine Warfare Display Station. 
SEC. 8142. None of the funds in this Act may be used to order from 
the Desktop III contract, except for contract maintenance, service, 
peripheral equipment and necessary spare parts to ensure system 
operability, at the time that the Desktop IV contract is available to 
receive customer orders. 
(TRANSFER OF FUNDS) 
SEC. 8143. In addition to any other transfer authority contained in 
this Act, amounts from working capital funds shall be transferred to 
appropriations contained in this Act to be merged with and to be 
available for the same purposes and for the same time period as the 
appropriations to which transferred, as follows: from the Defense 
Business Operations Fund, not less than $300,000,000 shall be trans-
ferred as follows: $150,000,000 to Foreign Currency Fluctuations, 
Defense; $60,000,000 to Pentagon Reservation Maintenance Fund; 
$20,000,000 to Operation 
and 
Maintenance, 
Army 
Reserve; 
$20,000,000 
to 
Operation 
and 
Maintenance, 
Navy 
Reserve; 
$10,000,000 to Operation and Maintenance, Marine Corps Reserve; 
$15,000,000 to Operation and Maintenance, Air Force Reserve; and 
$25,000,000 to Operation and Maintenance, Army National Guard. 
SEC. 8144. The Secretary of Defense may not withhold assistance, 
furnished using funds appropriated or otherwise made available to 
the Secretary of Defense under this Act or made available to the 
Secretary under the Department of Defense Base Closure Account 
1990, from a community reuse task force or committee established 
in connection with the closure of a military installation under the 
105 STAT. 1214 
PUBLIC LAW 102-172—NOV. 26, 1991 
Maryland. 
Highways. 
10 u s e 2391 
note. 
Base Closure and Realignment Act of 1990 (part A of title XXIX of 
Public Law 101-510) on the basis of a lack of unanimity among the 
members of the task force or committee if at least 90 percent of the 
members of the task force or committee support the application for 
such assistance. 
SEC. 8145. (a) Notwithstanding subsections (a) and (c) of section 
7308 of title 10, United States Code, but subject to subsection (b) of 
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) 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. 
Kentucky. 
SEC. 8146. For the purpose of determining the benefit/cost ratio 
for the South Frankfort, Kentucky flood control project, no expendi-
tures made prior to fiscal year 1992 shall be considered to be 
preliminary design and engineering costs. 
SEC. 8147. Appropriations contained in this Act that remain avail-
able at the end of the current fiscal year as a result of energy cost 
savings realized by the Department of Defense shall remain avail-
able for obligation for the next fiscal year to the extent, and for the 
purposes, provided in section 2865 of title 10, United States Code. 
SEC. 8148. For purposes of funds provided for the Defense access 
road for Andrews Air Force Base, Maryland, the Suitland Parkway 
shall be considered as fully meeting the certification requirements 
specified in section 210 of title 23 of the United States Code. 
SEC. 8149. (a) The Secretary of Defense, during the current fiscal 
year or at any time thereafter, may make a donation to an entity 
described in subsection (b) of a parcel of real property (including 
structures on such property) under the jurisdiction of the Secretary 
that is not currently required for the needs of the Department and 
that the Secretary determines is needed and appropriate for the 
activities of that entity. 
(b) A donation under subsection (a) may be made to a nonprofit 
entity which provides medical, educational, and emotional support 
in a recreational setting to children with life-threatening diseases 
and their families. 
SEC. 8150. (a) The Secretary of the Treasury shall pay, out of funds 
in the Treasury not otherwise appropriated, to George D. Hand, Jr., 
the amount of $220,000 for damages sustained by George D. Hand, 
Jr., as a result of the scuttling of the F/V SHINNECOCK I off 
Shinnecock Harbor, New York, on March 14,1991. 
(b) The payment to George D. Hand, Jr., pursuant to subsection (a) 
shall satisfy in full all claims of George D. Hand, Jr., against the 
United States for any loss, injury, or other damages resulting from 
the scuttling of the vessel described in subsection (a). 
(c) It shall be unlawful for more than 10 percent of the amount 
paid to George D. Hand, Jr., pursuant to subsection (a) to be paid to 
or received by any agent or attorney of George D. Hand, Jr., in 
connection with the claim referred to in subsection (b). Any person 
who violates subsection (a) shall be fined under title 18, United 
States Code. 
Pennsylvania. 
SEC. 8151. Of the funds transferred to the Department of Energy 
pursuant to section 8089 of the Department of Defense Appropria-
tions Act, 1991 (Public Law 101-511; 104 Stat. 1896), not to exceed 
$1,000,000 shall be made available in fiscal year 1992 to the 
Commonwealth of Pennsylvania for independent monitoring and 
George D. 
Hand, Jr. 
PUBLIC LAW 102-172—NOV. 26, 1991 
105 STAT. 1215 
Japan. 
Grovernment 
employees. 
Wa^es. 
testing of onsite activities in the decommissioning at the Apollo, 
Pennsylvania site, except that such monitoring and testing shall not 
interfere with the conduct of site decommissioning activities or 
affect Nuclear Regulatory Commission authority over the de-
commissioning: Provided, That the date for completion of cleanup at 
the Apollo site provided in section 8089 of the Department of 
Defense Appropriations Act of 1991 is rescinded. 
SEC. 8152. During the current fiscal year, the Secretary of Defense 
may accept burdensharing contributions in the form of money from 
the Government of Japan for the costs of local national employees, 
supplies, and services of the Department of Defense to be credited to 
applicable Department of Defense operations and maintenance 
appropriations available for the salaries and benefits of local na-
tional employees, supplies, and services to be merged with and to be 
available for the same purposes and time period as those appropria-
tions to which credited: Provided, That not later than 30 days after Reports, 
the end of each quarter of the fiscal year, the Secretary of Defense 
shall submit to the Congress a report of contributions accepted by 
the Secretary under this provision during the preceding quarter. 
(TRANSFER OF FUNDS) 
SEC. 8153. From the funds made available for Repair and Restora-
tion of Buildings of the Smithsonian Institution in the fiscal year 
1992 Department of the Interior and Related Agencies Appropria-
tions Act, $800,000 is hereby appropriated by transfer to the Salaries 
and expenses account of the Smithsonian Institution, such sum to 
remain available until expended. 
SEC. 8154. None of the funds appropriated or made available by 
this Act may be used to implement a realignment or consolidation of 
the Naval Facilities Engineering Command that would affect ele-
ments of the Northern Division of that command until sixty days 
after the consolidation or realignment plan is approved by the 
Secretary of Defense and submitted to the Committees on Appro-
priations of the House and Senate. 
SEC. 8155. Notwithstanding any other provision of law or regula-
tion, the Department of Defense shall have the authority to charter 
one or more presently existing United States flag tankers for a firm 
lease period not exceeding five years, with provision for further 
renewal at the Department's option: Provided, That any such char-
ter contains no penalty payable upon failure to exercise any renewal 
option: Provided further. That the charter contains no agreement to 
indemnify any person for any amount paid or due by any person to 
the United States for any liability arising under the Internal Reve-
nue Code of 1954: Provided further. That any such tanker was built 
after December 31, 1980: Provided further. That no funds shall be 
available for any such charter without previously having been 
submitted to the congressional defense committees. 
SEC. 8156. Section 355(b) of Public Law 101-510 is amended by 104 Stat. 1540. 
striking "92" and inserting in lieu thereof "77". 
SEC. 8157. The Secretary of Defense is authorized to provide 
optional summer school programs in addition to the programs other-
wise authorized by the Defense Dependents Education Act of 1978 
(Public Law 95-561), and to charge a fee for participation in such 
105 STAT. 1216 
PUBLIC LAW 102-172—NOV. 26, 1991 
optional education programs. Optional summer school program fees 
shall be made available for use by the Secretary to defray the costs 
of summer school operations. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1992". 
Approved November 26, 1991. 
LEGISLATIVE HISTORY—H.R. 2521: 
HOUSE REPORTS: Nos. 102-95 (Ojinm. on Appropriations) and 102-328 
(Comm. of Conference). 
SENATE REPORTS: No. 102-154 (Ck)mm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
June 7, considered and passed House. 
Sept. 23, 25, 26, considered and passed Senate, amended. 
Nov. 20, House agreed to conference report. 
Nov. 23, Senate agreed to conference report. 
o