National Defense Authorization Act for Fiscal Year 1993
PL 102-484 (H.R.5006), enacted 10/23/1992

PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2315 
Public Law 102-484 
102d Congress 
An Act 
To authorize appropriations for fiscal year 1993 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart- 
Oct. 23, 1992 
ment of Energy, to prescribe personnel strengths for such fiscal year for the 
[H.R. 5006] 
Armed Forces, to provide for defense conversion, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
National 
Defense 
SECTION 1. SHORT TITLE. 
Authorization 
This Act may be cited as the '^^ational Defense Authorization Year°i99^ 
Act for Fiscal Year 1993". 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—^This Act is organized into four divisions as 
follows: 
(1) Division A—^Department of Defense Authorizations. 
(2) Division B—^Military Construction Authorizations. 
(3) Division C—^Department of Energy National Security 
Authorizations and Other Authorizations. 
(4) Division D—Defense Conversion, Reinvestment, and 
Transition Assistance 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organizationof Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
Sec. 4. General limitation. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Funding Authorizations 
Sec. lOL Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense Agencies. 
Sec. 105. Defense iMpector General. 
Sec. 106. Reserve components. 
Sec. 107. Chemical Demilitarization Program. 
Sec. 108. Multiyear procurement authorization. 
Subtitle B—Army Programs 
Sec. 111. M-1 Abrams tank program. 
Sec. 112. Procurement of AHIP scout helicopters. 
Sec. 113. AH-64 Apache helicopter modifications. 
Sec. 114. Armored vehicle upgrades. 
Sec. 115. Chemical agent monitoring program. 
Subtitle C—^Navy Programs 
Sec. 121. Shipbuilding and conversion programs. 
Sec. 122. Airborne self protection jammer. 
Sec. 123. AV-8B Harrier radar upgrade program. 
Subtitle D—Air Force Programs (Nonstrategic) 
Sec. 131. C-135 aircraft program. 
106 STAT. 2316 
PUBLIC LAW 102-484—OCT. 23, 1992 
Sec. 132. Live-fire survivability testing of C-17 aircraft. 
Sec. 133. Correction of fuel leaks on (>-17 production aircraft. 
Sec. 134. C-17 aircraft program. 
• 
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Sec. 135. Tactical electronic warfare aircraft upgrade program. 
Sec. 136. F-16 aircraft program. 
Subtitle E—Defense-Wide Programs 
Sec. 141. Funding for certain tactical intelligence programs. 
Sec. 142. MH-47E/MH-60K helicopter modmcation programs. 
Subtitle F—Strategic Programs 
Sec. 151. B-2 bomber aircraft program. 
Sec. 152. Modernization of heavy bomber force. 
Subtitle G—Chemical Demilitarization Program 
Sec. 171. Change in chemical weapons stockpile elimination deadline. 
Sec. 172. Chemical demilitarization citizens advisory commissions. 
Sec. 173. Evaluation of alternative technologies. 
Sec. 174. Alternative disposal process for low-volume sites. 
Sec. 175. Revised chemicial weapons disposal concept plan. 
Sec. 176. Report on destruction of nonstockpile chemical material. 
Sec. 177. Physical and chemical integrity or the chemical weapons stockpile. 
Sec. 178. Sense of Congress concerning international consultation and exchange 
program. 
Sec. 179. Technical amendments to section 1412. 
Sec. 180. Definition of low-volume site. 
Subtitle H—^Armament Retooling and Manufacturing Support Initiative 
Sec. 191. Short titie. 
Sec. 192. Policy. 
Sec. 193. Armament Retooling and Manufacturing Support Initiative. 
Sec. 194. Facilities contracts. 
Sec. 195. Reporting requirement. 
TITLE 
n—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
Subtitle A—Authorizations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic research and exploratory development. 
Sec. 203. Manufacturing technology development. 
Sec. 204. Strategic EnvironmentalKesearcn and Development Program. 
Sec. 205. Endowment for Defense Industrial Cooperation. 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 211. V-22 Osprey aircraft program. 
Sec. 212. Special operations variant of the V-22 Osprey aircraft. 
Sec. 213. Extension of prohibition on testing Mid-uifrared Advanced Chemical 
Laser af^ainst an object in space. 
Sec. 214. Navy tacticaTaviation programs. 
Sec. 215. One-year delay in transfer of management responsibility for Navy mine 
countermeasures program. 
Sec. 216. Light Armored Vemcle 105-millimeter gun (LAV-105) program. 
Sec. 217. Advanced research projects. 
Sec. 218. Revision to Superconducting Magnetic Energy Storage Project. 
Subtitle C—^Missile Defense Programs 
Sec. 231. Theater Missile Defense Initiative. 
Sec. 232. Strategic Defense Initiative funding. 
Sec. 233. Reporting requirements and transfer authorities for TMDI and SDL 
Sec. 234. Revision of the Missile Defense Act of 1991. 
Sec. 235. Development and testing of anti-ballistic missile systems or components. 
Sec. 236. Limitation regarding support services contracts oi the Strategic Defense 
Initiative Organization. 
Subtitle D—Other Matters 
Sec. 241. Medical countermeasures against biowarfare threats. 
Sec. 242. National Aero-Space Plane. 
Sec. 243. LANDSAT remote-sensing satellite program. 
TITLE m—OPERATION AND MAINTENANCE 
Subtitle A—Authorizations of ^propriations 
Sec. 301. Operation and maintenance funding. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2317 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Humanitarian assistance. 
Sec. 305. Support for the 1994 World Cup Games. 
Sec. 306. Transfer authority. 
Subtitle B—Limitationa 
Sec. 311. Prohibition on the use of certain funds for Pentagon Reservation. 
Sec. 312. Prohibition on the use of funds for certain service contracts. 
Subtitle C—^Environmental Proviaions 
Sec. 321. Extensionof reimbursement requirement for contractors handling hazard-
ous wastes from defense facilities. 
Sec. 322. Ebctension of nrohibition on use of environmental restoration funds for 
payment of fines and penalties. 
Sec. 323. Puot program for expe<uted environmental response actions. 
Sec. 324. Overseas environmental restoration. 
Sec. 325. Evaluation of use of ozone-depleting substances by the Depcurtment of 
Defense. 
Sec. 326. Elimination of use of class I ozone-depleting substances in certain mili-
taiy procurement contracts. 
Sec. 327. Prombition on the purchase of surety bonds and other guaranties for the 
Department of Defense. 
Sec. 328. Legacy Resource Management Fellowship Program. 
Sec. 329. Supplemental authorization of appropriations Tor fiscal year 1992. 
Sec. 330. Inoemnification of transferees 01 closmg defense propertjT. 
Sec. 331. Extension of authority to issue surety bonds for certain environmental 
programs. 
Sec. 332. Repoirt on indemnification of contractors performing environmental res-
toration. 
Subtitle D—^Defense Business Operations Fund 
Sec. 341. Limitations on the use of Defense Business Operations Fund. 
Sec. 342. Capital asset subaccount. 
Sec. 343. Limitation on obligations against Defense Btisiness Operations Fund. 
Subtitle E—Depot-Level Activities 
Sec. 351. Depot-level tactical missile maintenance. 
Sec. 352. Limitations on the performance of depot-level maintenance of materiel. 
Sec. 353. Requirement of competition for the performance of workloads previously 
performed by depot-level activities of the Department of Defense. 
Sec. 354. Repeal of requirement for competition pilot program for depot-level main-
tenance of materials. 
Subtitle F—Commissaries and Military Exchanges 
Sec. 361. Standardization of certain programs and activities of military exchanges. 
Sec. 362. Accountability regarding the financial management and use of 
nonappropriated funds. 
Sec. 363. Demonstration program for the operation of certain commissary stores by 
nonappropriated fund instrumentalities. 
Sec. 364. Release of information rerarding sales at commissary stores. 
Sec. 365. Use of commissary stores D
y members of Uie Ready Reserve. 
SubtiUe G—Other Matters 
Sec. 371. Extension of certain guidelines for reductions in the number of civilian 
positions in the Department of Defense. 
Sec. 372. Annual report on security and control of supplies. 
Sec. 373. Transportation of donated military artifacts. 
Sec. 374. Subcontracting authority for Air Force and N a ^ depots. 
Sec. 375. Consideration of vessel location for the awara of layberth contracts for 
sealift vessels. 
Sec. 376. Pilot program to use National Guard personnel in medically underserved 
communities. 
Sec. 377. Authority for the issue of uniforms without charge to members of the 
Armed Forces. 
Sec. 378. Program to commemorate World War 11. 
Sec. 379. Extension of demonstration project for the use of proceeds 
fit>m 
the sale 
of certain lost, abandoned, or unclaimed personal property. 
Sec. 380. Promotion of civilian marksmanship. 
Sec. 381. Extension of authority for aviation depots and naval shipyards to engage 
in defense-related production and services. 
106 STAT. 2318 
PUBLIC LAW 102-484—OCT. 23, 1992 
Sec. 382. Optional defense dependents' summer school programs. 
Sec. 383. Review of militaiy flight training activities at civilian airfields. 
Sec. 384. Preference for procurement of energy efficient electric equipment. 
Sec. 385. Payment of residents of Anned Forces Retirement Home for services. 
Sec. 386. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense avilian employees. 
Sec. 387. Treatment of State equalization programs in determinining eligibility for, 
and amount of, impact aid. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle Ar-^Active Foroea 
Sec. 401. End strengths for active forces. 
Sec. 402. Waiver and transfer authority. 
Sec. 403. limited exclusion of joint service requirements bom a limitation on the 
strengths for general and flag officers on active duty. 
Sec. 404. Study of distribution of general and flag officer positions in joint duty 
assignments. 
Subtitle B—Reserve Force* 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserve com-
ponents. 
Sec. 413. Reserve component force structure. 
Subtitle C—Military Training Student Load* 
Sec. 421. Authorization of training student loads. 
Subtitle I>—Limitations 
Sec. 431. Reduction in number of personnel carrying out recruiting activities. 
Sec. 432. Naw Craft of Opportumty (COOP) program. 
Sec. 433. Authorization of appropriations for mihtary personnel. 
TITLE V—MILITARY PERSONNEL POUCY 
Sec. 600. Reference to personnel fohcy provisitms in title XLIV. 
Subtitle A—Officer Personnel Policy 
Sec 501. Reports on plans for officer accessions and assignment ofjunior officers. 
Sec. 502. Evaluation of effects of officer strength reductions on officer personnel 
management systems. 
Sec. 503. Selective early retirement. 
Sec. 504. Retirement of certain limited duty officers of the Navy. 
Sec. 505. Appointment of chiropractors as commissioned officers. 
Sec. 506. Clcuification of minimum service requirements for certain fli^t crew po-
sitions. 
Sec. 507. One-year extension of authority for temporary promotiims of certain Navy 
lieutenants. 
Subtitle B—^Reserve Component Matters 
Sec. 511. Pilot program for active component support of Reserves. 
Sec. 512. Repeal or requirement for removal of full-time Reserve personnel firom 
ROTC duty. 
Sec. 513. Report concerning certain active Army combat support and combat serv-
ice support positions. 
Sec. 514. Preference in Guard and Reserve affiliation for voluntarily separated 
members. 
Sec. 515. Technical correction and codification of requirement of baccalaureate de-
gree for appointment or promotion of Reiserve officers to grades above 
first lieutenant or lieutenant (junior grade). 
Sec. 516. Disability retired or severance pay for Reserve members disabled while 
traveling to or from training. 
Sec. 517. Service credit for concurrent enlisted active duty service performed by 
ROTC members while in the Selected Reserve. 
Sec. 518. Limitation on reduction in number of reserve component medical peraon-
nel. 
Sec. 519. One-year extension of certain reserve officer management programs. 
Sec. 520. Limitation on reenlistment eligibility for certain former Reserve officers 
of Army and Air Force. 
Subtitle C—Service Academies 
Sec. 521. Repeal of requirement that Deans at United States Military Academy and 
At Force Academy be general officers. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2319 
Sec. 522. Academy preparatory schools. 
Sec. 523. Composition of facilities at United States Military Academy and Air Force 
Academy. 
Sec. 524. Noninstructional staff at service academies. 
Sec. 525. Autiiority of United States Military Academy to confer the degree of mas-
ter of arts in leadership development. 
Subtitle D—^Education and Training 
Sec. 531. Report on participation of reserve personnel in Air Force undergraduate 
pilot training program. 
Sec. 532. ROTC scholarships for National Guard. 
Sec. 533. Junior Reserve OfiEicers' Training Corps program. 
Subtitle E—Other Blatter* 
Sec. 541. Retention on active duty of enlisted members within two years of eligi-
bility for retirement. 
Sec. 542. Authority for miUtary school faculty members and students to accept 
honoraria for certain scholarly and academic activities. 
Sec. 543. Pavment for leave accrued and lost by Korean Conflict prisoners of war. 
Sec. 544. Military reserve technicians. 
Sec. 545. Air Reserve technicians. 
Sec. 546. Mental health evaluations of members of Armed Forces. 
Sec. 547. Report on the Selective Service System. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Sec. 600. Reference to compensation and other personnel benefits in tiUe XLIV. 
SubtiUe A—^Pay and Allowances 
Sec. 601. Military pay raise for fiscal year 1993. 
Sec. 602. Advance payments in connection with evacuations of personnel. 
Subtitie B—^Bonuses and Special and Incentive Pays 
Sec. 611. Clarification of authority to provide special pay for nonphysician health 
care providers. 
Sec. 612. Extensions of authorities relating to payment of certain bonuses and 
other special pay. 
Subtitie C—^Travel and Transportation Allowances 
Sec. 621. Temporary increase in the number of days a member may be reimbursed 
for temporary lodging expenses. 
Sec. 622. Prohibition on the assertion of liens on personal property being trans-
ported at Government expense. 
Sec. 623. Subsistence reimbursement relating to escorts of foreign arms control 
inspection teams. 
Sec. 624. References for travel and transportation benefits. 
Sec. 625. Evacuation allowances in connection with Hurricane Andrew. 
Subtitie D—^Retired Pay and Survivor Benefits 
Sec. 641. Requirement for proposal on concurrent payment of retired or retainer 
pay and veterans' disability compensation. 
Sec. 642. Increase in recomputed retired pay for certain enlisted members credited 
with extraordinary heroism. 
Sec. 643. Modification to Survivor Benefit Plan open enrollment period. 
Subtitie E—Other Matters 
Sec. 651. Provision of temporary foster care services outside the United States for 
children of members of the Armed Forces. 
Sec. 652. Reimbursement for adoptions completed during interim between test and 
permanent program. 
Sec. 653. Protections for dependent victims of abuse by members of the Armed 
Forces. 
TITLE Vn—HEALTH CARE PROVISIONS 
Sec. 700. Reference to health care services in title XLIV. 
Subtitie A—Health Care Services 
Sec. 701. Revisions to dependents' dental program under CHAMPUS. 
Sec. 702. Programs relating to the sale of pharmaceuticals. 
Sec. 703. Maximum annual amount for deductibles and copayments. 
106 STAT. 2320 
PUBLIC LAW 102-484—OCT. 23, 1992 
Sec. 704. Comprehensive individual case management program under CHAMPUS. 
Sec. 705. Continuation of CHAMPUS coverage tor certam medicare participants. 
Sec. 706. Medical and dental care for certain incapacitated dependents. 
Subtitle B—^Health Care Management 
Sec. 711. National claims processing system for CHAMPUS. 
Sec. 712. Condition on expansion of CHAMPUS reform initiative to other locations. 
Sec. 713. Alternative health care delivery methodologies. 
Sec. 714. Managed health care network for Tidewater region of Virginia. 
Sec. 715. Positive incentives under the Coordinated Care Program. 
Sec. 716. Exception from Federal Acquisition Regulation for managed-care delivery 
ana reimbursement model. 
Subtitte C—Other Blattera 
Sec. 721. Correction of omission in delay of increase of CHAMPUS deductibles re-
lated to Operation Desert Storm. 
Sec. 722. Military health care for persons reliant on health care facilities at bases 
being closed or realigned. 
Sec. 723. Comprehensive study of the military medical care system. 
Sec. 724. Annual beneficiary survey. 
Sec. 725. Study on risk-sharing contracts for health care. 
Sec. 726. Sense of Congress regarding health care policy for the uniformed services. 
TITLE Vm-^CQUISmON POUCY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Aaaistance Programa 
Sec. 801. Codification and amendment of section 1207. 
Sec. 802. Provisions relating to small disadvantaged businesses and small busi-
nesses. 
Sec. 803. Funding for defense research by historically black colleges and univer-
sities. 
Sec. 804. Certificate of competency requirements. 
Sec. 805. Test pro-am for negotiation of comprehensive small business sub-
contractmg plans. 
Sec. 806. Elxtension or test program of contracting for printing-related services for 
the Department of Defense. 
Sec. 807. Pilot Mentor-Protege Program. 
Sec. 808. Codification of recurring provision relating to subcontracting with certain 
nonprofit agencies. 
Subtitle B—^Acquisition Management Improvement 
Sec. 811. Expansion and extension of authority under major defense acquisition 
pilot program. 
Sec. 812. Acquisition workforce improvement. 
Sec. 813. Certification of contract claims. 
Sec. 814. Deadline for report on rights in technical data regulations. 
Sec. 815. Requirement to establish single point of contact for information concern-
ing persons convicted of defense-contract related felonies. 
Sec. 816. Elxtension of program for use of master agreements for procurement of ad-
visory and assistance services. 
Sec. 817. Migor defense acquisition program reports. 
Sec. 818. Allowable costs. 
Sec. 819. Advisory and assistance services for operational test and evaluation. 
Sec. 820. Regulations relating to substantial changes in the participation of a mili-
tcury department in a joint actjuisition nrogram. 
Sec. 821. Competitive prototyping requirement ror development of m^jor defense 
acquisition programs. 
SubtiUe C—Other Blatters 
Sec. 831. Repeal of procurement limitation on typewriters. 
Sec. 832. Procurement limitation on ball bearings and roller bearings. 
Sec. 833. Restriction on purchase of sonobuoys. 
Sec. 834. Debarment of persons convicted of fraudulent use of "Made in America" 
labels. 
Sec. 835. Prohibition on purchase of United States defense contractors by entities 
controlled by foreign governments. 
Sec. 836. Prohibition on awara of certain Department of Defense and Department 
of Energy contracts to companies owned by an entity controlled by a for-
eign government. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2321 
Sec. 837. Defense Production Act Amendments. 
Sec. 838. Improved national defense control of technology diversions overseas. 
Sec. 839. Limitation on sale of assets of certain defense contractor. 
Sec. 840. Advance notification of contract performance outside the United States. 
Sec. 841. Acquisition fellowship program. 
Sec. 842. Purchase of Angolan petroleum products. 
Sec. 843. Authority for the Department of Defense to share equitably the costs of 
claims under international armaments cooperation programs. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Roles and Misaions 
Sec. 901. Report of the Chairman of the Joint Chiefs of Staff on roles and missions 
of the Armed Forces. 
Sec. 902. Limitation regarding submission of the roles and missions report of the 
Chairman of the Joint Chiefs of Staff. 
Sec. 903. Sense of Congress on cooperation between the Army and the Marine 
Corps. 
Sec. 904. National Guard and reserve component operational support airlift study. 
Subtitle B-^oint Chiefo of Staff 
Sec. 911. Vice Chairman of the Joint Chiefs of Staff. 
Subtitle C—^Professional Military Education 
Sec. 921. Application of definition of principal course of instruction at the Armed 
Forces Staff College. 
Sec. 922. Plan regarding professional military education test program for reserve 
component omcers of the Army. 
Sec. 923. Foreign Language Center of the Defense Language Institute. 
Subtitle D—Other Matters 
Sec. 931. Certifications relating to the Assistant Secretary of Defense for Special 
Operations and Low Intensity Conflict and the Special Operations Com-
mand. 
Sec. 932. Study of 
joint duty requirements. 
Sec. 933. Joint duty credit for certain duty performed during Operations Desert 
Shield and Desert Storm. 
Sec. 934. CINC Initiative Fund. 
Sec. 935. Organization of the Office of the Chief of Naval Operations. 
Sec. 936. Grade of certain commanders of special operations forces. 
Sec. 937. Report on assignment of special operations forces. 
TITLE X—GENERAL PROVISIONS 
SubtiUe A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Defense budgeting. 
Sec. 1003. Treatment of certain'Td" account obligations. 
Sec. 1004. Additional transition authority regaitfing dosing appropriation accounts. 
Sec. 1006. Clarification of scope of authorizations. 
Sec. 1006. Incorporation of classified annex. 
Subtitle B—Naval Vessels and Related Matters 
Sec. 1011. East Coast homeport for nuclear-powered aircraft carriers. 
Sec. 1012. Limitation on overseas ship repairs. 
Sec. 1013. Navy mine countermeasure progam. 
Sec. 1014. Transfer of certain vessels. 
Sec. 1015. Report on compliance with domestic ship repair law. 
Sec. 1016. Repeal of requirement for construction of combatant and escort vessels 
in Navy yards. 
Subtitle C—Fast Sealift Program 
Sec. 1021. Procurement of ships for the Fast Sealift Program. 
Sec. 1022. Modification of Fast SeaUft Program. 
Sec. 1023. Report on obligations for strategic sealift. 
Sec. 1024. National Defense Sealift Fund. 
Subtitle D—^Defense Maritime Logistical Readiness 
Sec. 1031. Revitalization of United States shipbuilding industry. 
106 STAT. 2322 
PUBLIC LAW 102-484—OCT. 23, 1992 
Subtitle E—Counter-Drug Activitiea 
Sec. 1041. Additional support for oounter-dnijs activities. 
Sec. 1042. Maintenance and operation of equipment. 
Sec. 1043. Counter-dnw detection and monitoring systems plan. 
Sec. 1044. Extensionofauthority to transfer excess personal property. 
Sec. 1046. Pilot outreach program to reduce demand for illegal drugs 
Subtitle F—Technical and Clerical Amendments. 
Sec. 1051. Reorganization of section 101 definitions. 
Sec. 1052. Miscellaneous amendments to title 10, United States Code. 
Sec. 1063. Amendments to Public Law 102-190. 
Sec. 1064. Amendments to other laws. 
Sec. 1066. Coordination with other provisions of Act 
Subtitle G—Amendments to the Uniform Code of Military Justice 
Sec. 1061. Chief judge of the Court of Military Appeals. 
Sec. 1062. Retirement of 
judges of the Court of Muitary Appeals. 
Sec. 1063. Jurisdiction regarding offenses committed during periods of prior serv-
ice. 
Sec. 1064. Postponement of confinement. 
Sec. 1065. Sentencing at rehearings. 
Sec. 1066. Amendments to punitive articles. 
Sec. 1067. Efiective date. 
Subtitle H—Other Matters 
Sec. 1071. Use of aircraft accident investigation reports. 
Sec. 1072. Survivor notification and access to reports relating to service members 
who die. 
Sec. 1073. Admission of civilians as students at the United States Naval Post-
graduate School. 
Sec. 1074. Repeal of certain reporting requirement. 
Sec. 1075. Restriction on obligation of funds for new museums. 
Sec. 1076. Army military history fellowship program. 
Sec. 1077. Election of leave or lump-sum pavment for certain employees who moved 
between nonappropriated fund employment and Department of De-
fense or Coast Guard employment before April 16, 1991. 
Sec. 1078. Study and report regarding equity in benefits for temporary Federal em-
ployees. 
Sec. 1079. Designation of United States military phjrsicians as civil surgeons under 
the Immigration and Nationality Act in connection with the Armed 
Forces Immira-ation At^ustment Act of 1991. 
Sec. 1080. Use of Armed Forces insignia on State license plates. 
Sec. 1081. Civil-Military Cooperative Action Program. 
Sec. 1082. Limitation on support for United States contractors selling arms over-
seas. 
Sec. 1083. Sense of Congress regarding the time limitations for consideration of 
military decorations and awards. 
Sec. 1084. Sense of Congress relating to award of the Navy expeditionary medal to 
Doolittle Raiders. 
Sec. 1085. Sense of Congress regarding award of the Purple Heart to members 
killed or wounded in action by friendly fire. 
Sec. 1086. Study of effects of Operations Desert Shield and Desert Storm mobiliza-
tions of reserves and members of the National Guard who were self-
employed or owners of small businesses. 
Subtitle I—Youth Service Opportunities 
Sec. 1091. National Guard civilian youth opportunities pilot program. 
Sec. 1092. Civilian Community Corps. 
Sec. 1093. Coordination of programs. 
Sec. 1094. Other programs of the Commission on National and Community Service. 
Sec. 1095. Limitation on obligation of funds. 
TITLE XI—ARMY GUARD COMBAT REFORM INITIATIVE 
Sec. 1101. Short title. 
Subtitle A—^Deployability Enhancements 
Sec. 1111. Minimum percentage of prior active-dutjr personnel. 
Sec. 1112. Service in Selected Reserve in lieu of active-duty service. 
Sec. 1113. Review of officer promotions by commander of associated active duty 
unit. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2323 
Sec. 1114. Noncommissioned officer education reauirements. 
Sec. 1115. Initial entry training and nondeployable personnel account. 
Sec. 1116. Minimum physical deployability standards. 
Sec. 1117. Mttiical assessments. 
Sec. 1118. Dental readiness of members of early deploying units. 
Sec. 1119. Combat unit training. 
Sec. 1120. Use of combat simulators. 
Subtitle B—AMessment of National Guard Capability 
Sec. 1121. Deployability rating system. 
Sec. 1122. Inspections. 
Subtitle C—Ck>mpatibility of Guard Unita with Active Component Units 
Sec. 1131. Active duty associate unit responsibility. 
Sec. 1132. Training compatibility. 
Sec. 1133. Systems compatibility. 
Sec. 1134. Equipment compatibility. 
Sec. 1136. Deployment planning reform. 
Sec. 1136. Qualincation for prior-service enlistment bonus. 
Sec. 1137. Study of implementation for all reserve components. 
TITLE Xn—SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS 
Subtitle A—Operation Desert Storm 
Sec. 1201. Extension of supplemental authorizations for Operation Desert Storm. 
Sec. 1202. Authorization of appropriations for fiscal year 1992. 
Sec. 1203. Authorization of appropriations for fiscal year 1993. 
Sec. 1204. Relationship to other authorizations. 
Subtitle B—^Hurricane Andrew and typhoon Omar 
Sec. 1211. Supplemental authorization of appropriations for fiscal year 1992. 
TITLE Xm—MATTERS RELATING TO ALLIES AND OTHER NATIONS 
Subtitle A—Burdensharing 
Sec. 1301. Overseas basing activities. 
Sec. 1302. Overseas military end strength. 
Sec. 1303. Reduction in the authorized end strength for military personnel in Eu-
rope. 
Sec. 1304. Reports on overseas basing. 
Sec. 1305. Biurdensharing contributions by Kuwait. 
Subtitle B—Cooperative Agreements and Other Matters Conoeming Allies 
Sec. 1311. Cooperative military airlift agreements. 
Sec. 1312. Cooperative agreements with allies. 
Sec. 1313. Authority for government of Oman to receive excess defense articles. 
Sec. 1314. Report on possible revisions to the North Atlantic Treaty. 
Subtitle C—Matters Relating to the Former Soviet Union and Eastern 
Europe 
Sec. 1321. Nuclear weapons reduction. 
Sec. 1322. Volunteers Investing in Peace and Security (VIPS) program. 
Subtitle D—Matters Relating to the Middle East and Persian Gulf Region 
Sec. 1331. Report on the United States strategic posture in the Middle East and 
Persian Gulf region. 
Sec. 1332. Prohibition on contracting with entities that comply with the secondary 
arab boycott of Israel. 
Subtitle E—^International Peacekeeping Activities 
Sec. 1341. United Nations peacekeeping and enforcement report. 
Sec. 1342. Support for peacekeeping activities. 
Subtitle F—Overseas Operation and Maintenance Activities 
Sec. 1351. Prohibition on payment of severance pay to certain foreign nationals in 
the Philippines. 
Sec. 1352. Foreign severance costs. 
Sec. 1353. Extension of overseas workload program. 
Subtitle G—Other Blatters 
106 STAT. 2324 
PUBLIC LAW 102-484—OCT. 23, 1992 
Sec. 1361. Study of providing forward presence of naval forces during peacetime. 
Sec. 1362. Permanent authority to pay certain expenses of ^rsonnel of developing 
countries for attendance at bilateral or re^onal cooperation con-
ferences. 
Sec. 1363. Report on proliferation of military-based satellites. 
Sec. 1364. Report on mtemational mine clearing efforts in refugee situations. 
Sec. 1366. Landmine export moratorium. 
TITLE XIV—DEMILITARIZATION OF THE FORMER SOVIET UNION 
Subtitte A—Short Tide 
Sec. 1401. Short title. 
Subtitle B—Findings and Program Authority 
Sec. 1411. Demilitarization of the independent states of the former Soviet Union. 
Sec. 1412. Authority for programs to facilitate demilitarization. 
Subtitle C—Administrative and Funding Authorities 
Sec. 1421. Administration of demilitarization programs. 
Subtitle D—^Reporting Requirements 
Sec. 1431. Prior notice to Congress of obligation of funds. 
Sec. 1432. Quarterly reports on programs. 
Subtitle E—Joint Research and Development Programs 
Sec. 1441. Programs with states of the former Soviet Union. 
TITLE XV—NONPROLIFERATION 
Sec. 1501. Short title. 
Sec. 1502. Sense of Congress. 
Sec. 1503. Report on Department of Defense and Department of Energy non-
proliferation activities. 
Sec. 1504. Nonproliferation technology initiative. 
Sec. 1505. International nonproliferation initiative. 
TITLE XVI—IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 
Sec. 1601. Short tiUe. 
Sec. 1602. United States policy. 
Sec. 1603. Application to Iran of certain Iraq sanctions. 
Sec. 1604. Sanctions against certain persons. 
Sec. 1605. Sanctions against certain foreign countries. 
Sec. 1606. Waiver. 
Sec. 1607. Reporting requirement. 
I 
Sec. 1608. Definitions. 
j 
TITLE XVn—CUBAN DEMOCRACY ACT OF 1992 
Sec. 1701. Short title. 
Sec. 1702. Findings. 
j 
Sec. 1703. Statement of policy. 
Sec. 1704. International cooperation. 
Sec. 1705. Support for the Cuban people. 
Sec. 1706. Sanctions. 
Sec. 1707. Policy toward a transitional Cuban government. 
Sec. 1708. Policy toward a democratic Cuban government. 
Sec. 1709. Existing claims not affected. 
Sec. 1710. Enforcement. 
Sec. 1711. Definition. 
Sec. 1712. Effective date. 
TITLE XVm—FEDERAL CHARTERS FOR PATRIOTIC ORGANIZATIONS 
Subtitle A—Military Order of the World Wars 
Sec. 1801. Recognition as corporation and grant of Federal charter. 
Sec. 1802. Powers. 
Sec. 1803. Objects and purposes. 
Sec. 1804. Service of process. 
Sec. 1805. Membership. 
Sec. 1806. Board of directors. 
Sec. 1807. Officers of corporation. 
Sec. 1808. Prohibition against discrimination. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2325 
Sec. 1809. Restrictions. 
Sec. 1810. LiabiUty. 
Sec. 1811. Books and records. 
Sec. 1812. Audit of financial transactions. 
Sec. 1813. Annual report. 
Sec. 1814. Reservation of right to amend or repeal charter. 
Sec. 1815. Tax-exempt status. 
Sec. 1816. Termination. 
Sec. 1817. Definition. 
Subtitle B—^Retired Enlisted ABM>ciation» Incorporated 
Sec. 1821. Recognition as corporation and grant of Federal charter. 
Sec. 1822. Powers. 
Sec. 1823. Objects and purposes. 
Sec. 1824. Service of process. 
Sec. 1825. Membership. 
Sec. 1826. Board of directors. 
Sec. 1827. Officers of corporation. 
Sec. 1828. Prohibition against discrimination. 
Sec. 1829. Restrictions. 
Sec. 1830. Liability. 
Sec. 1831. Books and records. 
Sec. 1832. Audit of financial transactions. 
Sec. 1833. Annual report. 
Sec. 1834. Reservation of right to amend or repeal charter. 
Sec. 1835. Tax-exempt status. 
Sec. 1836. Exclusive rights to names. 
Sec. 1837. Termination. 
Sec. 1838. Definition. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Defense access roads. 
Sec. 2105. Authorization of appropriations, Army. 
Sec. 2106. Increase in limitation on leasing of military family housing worldwide by 
the Department of the Army. 
TITLE XXn—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navv. 
Sec. 2205. Power plant relocation. Navy Public Works Center, Guam. 
Sec. 2206. Revised authorizations for certain Marine Corps projects. 
Sec. 2207. Defense access roads. Naval Station Pascagoula, Mississippi. 
Sec. 2208. Military family housing. Naval Air Station Whidbey Island, Washington. 
TITLE XXm—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations. Air Force. 
Sec. 2305. Child development center relocation, Buckley Air National Guard Base, 
Colorado. 
Sec. 2306. Authorized family housing lease projects. 
Sec. 2307. Authorized military housing rental guarantee projects. 
Sec. 2308. Termination of authority to carry out certain projects. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations. Defense Agencies. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
106 STAT. 2326 
PUBLIC LAW 102-484—OCT. 23, 1992 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
Sec. 2602. Air National Guard construction, Truax Field, Wisconsin. 
Sec. 2603. National Guard Armory, Virginia. 
Sec. 2604. Reductions in certain prior year authorizations of appropriations for Air 
Force Reserve military construction projects. 
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1990 projects. 
Sec. 2703. Effective date. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—^Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Promotion of energy savings at military installations. 
Sec. 2802. Authority to construct replacement family housing units. 
Subtitle B—^Defense Base Closure and Realignment 
Sec. 2821. Use of proceeds of the transfer or disposal of commissary store and other 
facilities and property. 
Sec. 2822. Demonstration project for the use of a national relocation contractor to 
assist the Department of Defense. 
Sec. 2823. Change in date of report of Comptroller General to Congress and De-
fense Base Closure and Realignment Commission. 
Sec. 2824. Availability of certain Federal property for application for use to assist 
the homeless. 
Sec. 2825. Revision of requirements relating to budget data on base closures. 
Sec. 2826. Consideration of community ability to compete for the relocation of fi-
nance and accounting activities. 
Sec. 2827. Overseas Military Facility Investment Recovery Account. 
Subtitle C—Land Transactions 
Sec. 2831. Modification of land exchange, San Diego, California. 
Sec. 2832. Land acquisition and exchange, Myrtle Beach Air Force Base and 
Poinsett Weapons Range, South Carolina. 
Sec. 2833. Land conveyance, Pittsburgh, Pennsylvania. 
Sec. 2834. Leases of property, Naval Supply Center, Oakland, California. 
Sec. 2835. Grant of easement at Naval Air Station, Miramar, San Diego, California. 
Sec. 2836. Land conveyance. Naval Reserve Center, Santa Barbara, California. 
Sec. 2837. Land conveyance. Forest Glen Annex, Walter Reed Army Medical Cen-
ter, Maryland. 
Sec. 2838. Land conveyance, Williams Air Force Base, Arizona. 
Sec. 2839. Modification of land exchange, Burlington, Vermont. 
Sec. 2840. Conveyance of waste water treatment plant. Fort Ritchie, Maryland. 
Sec. 2841. Acquisition of interests in land, Naval Radio Station, Jim Creek, Wash-
ington. 
Sec. 2842. Real property conveyance. Naval Station Puget Sound, Everett, Wash-
ington. 
Sec. 2843. Conveyance of Hastings Radar Bomb Scoring Site, Nebraska. 
Sec. 2844. Land conveyance, Abbeville, Alabama. 
Sec. 2845. Extension of time in which to enter into lease at Hunters Point Naval 
Shipyard, San Francisco, California. 
Sec. 2846. Termination of lease and sale of facilities. Naval Reserve Center, At-
lanta, Georgia. 
Sec. 2847. Land conveyance. Fort Chaffee, Arkansas. 
Sec. 2848. Modification of land conveyance, Fort A.P. Hill Military Reservation, 
Virginia. 
Subtitle D—Other Matters 
Sec. 2851. Clarification of authority to lease non-excess property. 
Sec. 2852. Storage of hazardous materials on arsenal property in conjunction with 
third-party contracts. 
Sec. 2853. Report on continued military need for Bellows Air Force Station, Hawaii. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2327 
Sec. 2854. Prohibition on commercial development of Calverton Pine Barrens, 
Calverton, New York. 
Sec. 2855. Technical revisions to certain maps involving Coastal Barrier Resources 
System. 
Sec. 2856. Homeowners assistance for certain individuals affected by Hurricane An-
drew. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—^National Security Programs Authorizations 
Sec. 3101. Weapons activities. 
Sec. 3102. New production reactors. 
Sec. 3103. Environmental restoration and waste management. 
Sec. 3104. Nuclear materials production and other defense programs. 
Sec. 3105. Funding uses and limitations. 
Subtitle B—^Recurring General Provisions 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for construction desi^. 
Sec. 3126. Authority for emergency plannmg, design, and construction activities. 
Sec. 3127. Fluids available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Subtitle C—Other Matters 
Sec. 3131. Use of funds for payment of penalty assessed against Femald Environ-
mental Management Project. 
Sec. 3132. Department of Energy citizen advisory groups. 
Sec. 3133. Nuclear Weapons Council membership. 
Sec. 3134. Reports on the development of new tritium production capacity. 
Sec. 3135. Technology transfer. 
Sec. 3136. Expansion of authority to loan personnel and facilities. 
Sec. 3137. Study of conversion of Nevada test site for use for solar energy produc-
tion purposes. 
Subtitle D—International Fissile Material and Warhead Control 
Sec. 3151. Negotiations. 
Sec. 3152. Authority to release certain restricted data. 
Sec. 3153. Development and demonstration program. 
Sec. 3154. Production of tritium. 
Subtitle E—Defense Nuclear Workers 
Sec. 3161. Department of Energy defense nuclear facilities work force restructuring 
plan. 
Sec. 3162. Program to monitor Department of Energy workers exposed to hazard-
ous and radioactive siuwtances. 
Sec. 3163. Definitions. 
TITLE XXXII—NUCLEAR SAFETY 
Sec. 3201. Authorization for Defense Nuclear Safety Board. 
Sec. 3202. Nuclear safety in eastern Europe and the former Soviet Union. 
TITLE XXXm—NATIONAL DEFENSE STOCKPILE 
Subtitle A—^Modernization Program 
Sec. 3301. Definitions. 
Sec. 3302. Disposal of obsolete and excess materials contained in the National De-
fense Stockpile. 
Sec. 3303. Use of barter arrangements in modernization pro-am. 
Sec. 3304. Deposit of proceeds firom disposals in the national defense stockpile 
fund. 
Sec. 3305. Authorized uses of stockpile funds. 
Sec. 3306. Advisory committee regarding operation and modernization of the stock-
pile. 
106 STAT. 2328 
PUBLIC LAW 102-484—OCT. 23, 1992 
Sec. 3307. &)ecial rule for 1993 report on stockpile requirements. 
Sec. 3308. Conforming amendments. 
Subtitle B—^Programmatic Changes 
Sec. 3311. Procedures for changing objectives for stockpile quantities established as 
of the end of 
fiscal 
year 1987. 
Sec. 3312. Repeal of limitation on excess balance in National Defense Stockpile 
Transaction Fund. 
Sec. 3313. Authorized purposes for expenditures 
firom 
the National Defense Stock-
pile Transaction Fund. 
Sec. 3314. Market Impact Committee. 
Sec. 3315. Clarificationof the stockpile status of certain materials. 
TITLE XXXIV—CIVIL DEFENSE 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—PANAMA CANAL COMMISSION 
Sec. 3601. Short title. 
Subtitle AT—Annual Authorization 
Sec. 3511. Authorization of expenditures. 
Sec. 3512. Healthcare. 
Sec. 3513. Vessel tonnage measurement. 
Sec. 3514. Consistency with Panama Canal Treaties of 1977 and implementing 
laws. 
Subtitle B—Composition and Dissolution of Commission 
Sec. 3521. Costs of dissolution. 
Sec. 3522. Recommendations by President on changes to Panama Canal Commis-
sion structure. 
Sec. 3523. Report by Comptroller General on changes to Panama Canal Commis-
sion structure. 
DIVISION D-DEFENSE CONVERSION, REINVESTMENT, AND 
TRANSITION ASSISTANCE 
Sec. 4001. Short title. 
TITLE XLI—FINDINGS 
Sec. 4101. Findings. 
TITLE XLn—DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, 
REINVESTMENT, AND CONVERSION 
Subtitle A—Purposes and Establishment of New Chapter in Title 10 
Sec. 4201. Purposes. 
Sec. 4202. Establishment of new chapter in title 10. 
Sec. 4203. Definitions. 
Subtitle B—Defense Policies and Planning Concerning National 
Technology and Industrial Base, Reinvestment, and Conversion 
Sec. 4211. Congressional defense policy concerning national technology and indus-
trud base, reinvestment, iai. conversion. 
Sec. 4212. National Defense Technology and Industrial Beise Council. 
Sec. 4213. National Defense Program n
>
r Analysis of the Technology and Industrial 
Base. 
Sec. 4214. Center for the Study of Defense Economic AcUustment 
Sec. 4215. National technology and industrial base defense capability assessments. 
Sec. 4216. National technology and industrial base plan and nu^or defense program 
planning. 
Sec. 4217. Data collection authority. 
Sec. 4218. Implementation of requu«ments for assessment, planning, and analysis. 
B
. 4219. Implementing regulations concerning the national i ' 
Sec. 4219. Implementing regulations concerning the national technology and indus-
trial base periodic assessment. 
Sec. 4220. Implementing regulations concerning the national technology and indus-
mal base periodic plan. 
Subtitle C—^Programs for Development, ^plication, and Support of Dual-
Use Technologies 
Sec. 4221. Defense dual-use critical technology partnerships. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2329 
Sec. 4222. Commercial-military integration partnerships. 
Sec. 4223. Regional technology alliances assistance program. 
Sec. 4224. Encouragement oftechnolo^ transfer. 
Sec. 4225. Office ofTechnology Transition. 
Sec. 4226. Military-Civilian Integration and Technolo^ Transfer Advisory Board. 
Sec. 4227. Office of Foreign Defense Critical Technology Monitoring and Assess-
ment. 
Sec. 4228. Overseas Foreign Critical Technology Monitoring and Assessment Fi-
nancial Assistance Program. 
Subtitle D—^Defense Manufacturing Technology, Dual-Use Assistance 
Extension, and Defense Supplier Base Enhancement and Support Programs 
Sec. 4231. National Defense Manufacturing Technology Program. 
Sec. 4232. Defense advanced manufacturing technology partnerships. 
Sec. 4233. Manufacturing extension programs. 
Sec. 4234. Defense dual-use assistance extension program. 
Sec. 4235. Defense Industrial Reserve. 
Sec. 4236. Defense procurement technical assistance program. 
Sec. 4237. Small Business Innovation Research Program in the Department of De-
fense. 
Sec. 4238. Defense manufacturing experts in the classroom. 
Sec. 4239. Industrial diversification planning for defense contractors. 
Subtitle E—^Defense Advanced Research Projects Agency 
Sec. 4261. Defense Advanced Research Projects Agency. 
Subtitle F—Conforming Amendnients and Funding Matters 
Sec. 4271. Conforming amendments. 
Sec. 4272. Funding for defense manufacturing education programs for fiscal year 
1993. 
TITLE XLin-COMMUNITY ADJUSTMENT AND ASSISTANCE PROGRAMS 
AND YOUTH SERVICE PROGRAMS 
Sec. 4301. Expansion of adjustment assistance available to States and local govern-
ments from the Office of Economic Adjustment. 
Sec. 4302. Pilot project to improve economic a4justment planning. 
Sec. 4303. Report on alternatives to present priority for transfer of excess defense 
supplies to State and local governments. 
Sec. 4304. Limitation on use of excess construction or fire equipment from Depart-
ment of Defense stocks in foreign assistance or military sales pro-
grams. 
Sec. 4305. Community economic adjustment assistance through the Economic De-
velopment Administration. 
Sec. 4306. Report relating to continuing health benefits coverage of certain termi-
nated employees of defense contractors. 
TITLE XUV—PERSONNEL ADJUSTMENT, EDUCATION, AND TRAINING 
PROGRAMS 
Subtitle A—Active Forces Transition Enhancements 
Sec. 4401. Improvement in preseparation counseling for members of the Armed 
Forces. 
Sec. 4402. Authorization of temporary rate of basic pay applicable to certain mem-
bers with over 24 years of service. 
Sec. 4403. Temporary early retirement authority. 
Sec. 4404. Opportunity for certain persons to enroll in All-Volunteer Force Edu-
cational Assistance Program. 
Sec. 4405. Authorized benefits under special separation benefits program and vol-
untary separation incentive. 
Sec. 4406. Calculation of annual payment of voluntary separation incentive. 
Sec. 4407. Improved conversion health policies as part of transitional medical care. 
Sec. 4408. Continued health coverage. 
Subtitle B—Guard and Reserve Transition Initiatives 
Sec. 4411. Force reduction transition period defined. 
Sec. 4412. Member of Selected Reserve defined. 
Sec. 4413. Restriction on reserve force reduction. 
Sec. 4414. Transition plan requirements. 
Sec. 4415. Inapplicability to certain discharges and transfers. 
Sec. 4416. Force reduction period retirements. 
106 STAT. 2330 
PUBUC LAW 102-484—OCT. 23, 1992 
Sec. 4417. Retirement with 15 yean of service. 
Sec 4418. Septaration pa^. 
Sec. 4419. Waiver of continued service requirement for certain reservists for Mont-
gomery GI bill benefits. 
Sec. 4420. Conmiissaiy and exchange privileges. 
Sec. 4421. Applicability and termination of benefits. 
Sec. 4422. Readjustment benefits for certain voluntarily separated members of the 
reserve components. 
Subtitle C—^Department of Defense Civilian Peraonnel IVansition 
Initiatives 
Sec. 4431. Government-wide list of vacant positions. 
Sec. 4432. Temporaiy measures to facilitate reemployment of certain displaced 
Federal employees. 
Sec. 4433. Reduction-in-force notification requirements. 
Sec. 4434. Restoration of certain leave. 
Sec. 4435. Skill training programs in the Department of Defense. 
Sec 4436. Separation pay. 
Sec. 4437. Tmift savings plan benefits of employees separated by a reduction in 
force. 
Sec. 4438. Continued health benefits. 
Subtitle D-—Defense Efforta to Relieve Shortagea ot Elementary and 
Secondary School Teachers and Teachers' Aides 
Sec. 4441. Teacher and teacher's aide placement program for separated members of 
the Armed Forces. 
Sec. 4442. Teacher and teacher's aide placement program for terminated defense 
employees. 
Sec. 4443. Teacher and teacher's aide placement program for displaced scientists 
and ennneers of defense contractors. 
Sec. 4444. Funding for fiscal year 1993. 
Subtitle E—^Environmental Education and Retraining Provisions 
Sec. 4451. Environmental scholarship and feUowship programs for the Department 
of Defense. 
Sec. 4452. Grants to institutions of higher education to provide training in environ-
mental restoration and hazardous waste management 
Subtitle F—Job Training and Employment and Educational Opportunities 
Sec 4461. Improved coordination (^ job training and placement programs for mem-
bers of the Armed Forces. 
Sec 4462. Encouragement for continuing public and community service. 
Sec. 4463. Program of educational leave relating to continuing public and commu-
mty service. 
Sec. 4464. Increiased early retirement retired pay for pubUc or community service. 
Sec. 4465. Training, adjustment assistance, and employment services for dis-
charged muitary personnel, terminated defense employees, and dis-
placed employees of defense contractors. 
Sec. 4466. Participation of discharged military personnel in upward bound projects 
to prepare for college. 
Sec 4467. Improvements to employment and training assistance for dislocated 
workers under the Job Training Partnership Act 
Sec 4468. Job Bank program for discharged military personnel, terminated defense 
employees, and displaced employees of defense contractors. 
Sec. 4469. Authorization of appropriations for certain employment, job training, 
and other assistance. 
Sec 4470. Defense contractor requirement to list suitable employment openings 
with local employment service office. 
Sec 4471. Notice requirements upon proposed and actual termination or substan-
tial reduction in defense programs. 
Sec. 4472. Study to determine the dislocation effects of current and future reduc-
tions in spending for the national defense. 
Sec 4473. Treatment of certain provisions of law upon transfer of amounts pro-
vided under this Act 
Subtitle G—Service Members Occupational Conversion and Training 
Sec. 4481. Short title. 
Sec 4482. Findings and purposes. 
Sec 4483. Definitions. 
Sec 4484. Establishment of program. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2331 
Sec. 4485. Eligibility for program; period of training. 
Sec. 4486. Approvalof employer programs. 
Sec. 4487. Payments to employers; overpayment. 
Sec. 4488. Entry into program of 
Job trtuning. 
Sec. 4489. Provision of training tluroufi^ educational institutions. 
Sec. 4490. Discontinuance of approval of participation in certain employer pro-
grams. 
Sec. 4491. Inspection of records: investigations. 
Sec. 4492. Coordination with other programs. 
Sec. 4493. Counseling. 
Sec. 4494. Information and outreach; use of agency resources. 
Sec. 4495. Authorization of appropriations. 
Sec. 4496. Time periods for application and initiation of training. 
Sec. 4497. Treatment of oertam provisions of law upon transfer of amoiints pro-
vided under this Act. 
TITLE XLV—BUDGET 
Sec. 4501. Budget determination by the Director of 0MB. 
SEC. 3. CONGRESSIONAL DEFENSE CO&IMITTEES DEFINED. 
For purposes of this Act, the term "congressional defense 
committees" means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of Rep-
resentatives. 
SEC. 4. GENERAL LIMITATION. 
Notwithstanding any other provision of this Act, the total 
amoiint authorized to be appropriated for fiscal year 1993 under 
the provisions of this Act is $274,121,787,000, of which the total 
amount authorized to be appropriated for fiscal year 1993 under 
the provisions o
f
— 
(1) 
division 
A is 
$253,654,264,000; 
(2) 
division 
B is 
$8,389,833,000; 
and 
(3) 
division 
C is 
$12,077,690,000. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Funding Authorizations 
SEC. lOL ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for procurement for the Army as follows: 
(1) For aircraft, $1,553,909,000. 
(2) For missiles, $1,118,652,000. 
(3) For weapons and tracked combat vehicles, $877,754,000. 
(4) For ammunition, $829,444,000. 
(5) For other procurement, $3,129,452,000. 
SEC. 
1
0
2
. 
NAVY 
AND 
MARINE 
CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 1993 for procurement for the Navy as follows: 
(1) For aircraft, $5,899,395,000. 
(2) For weapons, $3,700,098,000. 
(3) For shipbuilding and conversion, $5,958,663,000. 
(4) For other procurement, $5,660,684,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1993 for procurement for the Marine Corps 
m the amount of $729,727,000. 
106 STAT. 2332 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 103. Am FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for procurement for the Air Force as follows: 
(1) For aircraft, $10,034,314,000. 
(2) For missiles, $4,399,390,000. 
(3) For other procurement, $7,894,396,000. 
SEC. 104. DEFENSE AGENCIES. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for procurement for the Defense Agencies in the amount 
of $1,950,704,000. 
SEC. 105. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for procurement for the Inspector General of the Department 
of Defense in the amount of $800,000. 
SEC. 106. RESERVE COMPONENTS. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the Araied 
Forces as follows: 
(1) For the Army National Guard, $134,000,000. 
(2) For the Air National Guard, $290,100,000. 
(3) For the Army Reserve, $27,500,000. 
(4) For the Naval Reserve, $85,000,000. 
(5) For the Air Force Reserve, $60,000,000. 
(6) For the Marine Corps Reserve, $9,000,000. 
(7) For operational support aircraft, $90,000,000. 
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), in the amount of 
$515,300,000. 
SEC. 108. MULTIYEAR PROCUREMENT AUTHORIZATION. 
The Secretary of the Air Force may use funds appropriated 
to the Air Force for fiscal year 1993 to enter into multiyear procure-
ment contracts in accordance with section 2306(h) of title 10, United 
States Code, for the procurement of satellites number 23 through 
25 under the Defense Support Program. 
Subtitle B—^Army Programs 
SEC. 111. M-1ABRAMS TANK PROGRAM. 
(a) TANK INDUSTRIAL BASE.—None of the funds appropriated 
for the Army pursuant to this Act or for fiscal year 1991 or 1992 
may be used to initiate or implement closure of any portion of 
the tank industrial base. 
(b) REVISION IN FISCAL YEAR 1992 PROVISIONS.—The text of 
section 111 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1303) is 
amended to read as follows: 
"Of the amount authorized to be appropriated for fiscal year 
1992 pursuant to section 101(3), $225,000,000 shall be available 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2333 
for the remanufacture of Ml tanks and may be used only to remanu-
factiire Ml tanks to the M1A2 configuration.". 
SEC. 
1
1
2
. 
PROCUREMENT 
OF 
AHIP 
SCOUT 
HEUCOPTERS. 
The prohibition in section 133(aX2) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 
101-189; 103 Stat. 1383) does not apply to the obligation of fundB 
in amounts not to exceed $225,000,000 for the procurement of 
not more than 36 OH-58D AHIP Scout aircraft from funds appro-
priated for fiscal year 1993 pursuant to section 101. 
SEC. lis. AH-64 APACHE HEUCOPTER MODIFICATIONS. 
Section 113 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1304) is 
repealed. 
SEC. 114. ARMORED VEHICLE UPGRADES. 
Section 21 of the Arms Export Control Act (22 U.S.C. 2761) 
is amended by adding at the end the following: 
"(j) TANK AND INFANTRY VEHICLE UPGRADES.—(1) Funds 
received from the sale of tanks under this section shall be available 
for the upgrading of tanks for fielding to the Army. 
"(2) Funds received from the sale of infantry fighting vehicles 
or armored personnel carriers under this section shsdl be available 
for the upgrading of infantry fighting vehicles or armored personnel 
carriers for fielding to the Army. 
"(3) Paragraphs (1) and (2) apply only to the extent provided 
in advance in appropriations Acts. 
'^(4) This subsection applies with respect to funds received 
firom sales occurring after September 30,1989.". 
SEC. 115. CHEMICAL AGENT MONITORING PROGRAM. 
The Improved Chemical Agent Monitor (ICAM) may not be 
procured for the Armed Forces \mtil the Secretary of the Army— 
(1) completes an analysis of the initial production test 
results of the Chemical Agent Monitor (CAM); 
(2) submits to Congress a report containing a discussion 
of the reliability and consistency of the laboratory-tested and 
field-tested Chemical Agent Momtor; and 
(3) determines, and notifies Congress in writing, that all 
design and production deficiencies of the Chemical Agent Mon-
itor nave been identified and corrected before the resumption 
of obligation of fimds for procurements under tiie Chemical 
Agent Monitoring Program. 
Subtitle C—^Navy Programs 
SEC. 121. SHIPBUILDING AND CONVERSION PROGRAMS. 
(a) SCN PROGRAMS.—^Amoimts authorized to be appropriated 
under section 102(aX3) are available for shipbmlding and conversion 
programs as follows: 
For the aircraft carrier replacement program, $832,200,000. 
For the CVN aircraft carrier refueling overhaul advance 
procurement program, $6,800,000. 
For the CGN cruiser refueling overhaul advance procure-
ment program, $30,439,000. 
For me Arleigh Burke guided missile destroyer program, 
$3,319,643,000. 
106 STAT. 2334 
PUBLIC LAW 102-484—OCT. 23, 1992 
For the LHD-1 amphibious assault ship program, 
$1,205,000,000. 
For the MHC-1 coastal minehunter program, $246,205,000. 
For 
the oceanographic 
ship 
conversion 
program, 
$19,500,000. 
For the service craft program, $126,028,000. 
For outfitting, $385,321,000. 
For post-delivery, $223,105,000. 
For lirst destination transportation, $6,031,000. 
(b) UNDISTRIBUTED REDUCTION.—The sum of the amounts pro-
vided under subsection (a) for fiscal year 1993 for the programs 
referred to in that subsection is reduced by $441,609,000 in order 
to be within the total amount authorized to be appropriated for 
that fiscal year under section 102(aX3). 
SEC. 122. AIRBORNE SELF PROTECTION JAMMER. 
(a) LIMITATION.—^None of the fimds available to the Department 
of Defense for fiscal year 1993 or any fiscal year before fiscal 
year 1993 may be used for the procurement of the Airborne Self 
Protection Jammer system except for the pajrment of the costs 
of terminating existing contracts for the procurement of the Air-
borne Self Protection Jammer system. 
(b) EFFECTIVENESS OF LIMITATION.—^This section shall take 
effect upon submittal by the Secretary of Defense to the congres-
sional defense committees of notice that the Airborne Self Protection 
Jammer system has been determined by the Secretary to be either 
not operationally effective or not operationally suitable in oper-
ational testing. 
SEC. 
1
2
3
. 
AV-«B 
HARRIER 
RADAR 
UPGRADE 
PROGRAM. 
None of the funds appropriated or otherwise made available 
to the Department of Defense for fiscal year 1993 may be obligated 
for the AV-^B radar upgrade pro-am or for the remanufacture 
of AV-8B aircraft requiring inst^lation of a new fuselage. 
Subtitle D—Air Force Programs (Nonstrategic) 
SEC. 131. C-135 AIRCRAFT PROGRAM. 
Of the funds authorized to be appropriated in section 103 
for procurement of aircraft for the Air Force, $439,500,000 shall 
be available for the modification of C-135 sdrcrait as follows: 
(1) $87,600,000 shall be available to reengine four KC-
135Q aircraft. 
(2) $219,000,000 shall be available to reengine 10 KC-
135E aircraft for the Air National Guard. 
(3) $65,700,000 shall be available, if the RC-135 aircraft 
is selected under section 141, to reengine three RC-135 aircraft 
or, if the RC-135 aircraft is not selected under section 141, 
to reengine three KC-135 aircraft (in addition to those referred 
to in paragraphs (1) and (2)). 
(4) $51,600,000 shall be available for the open skies sensor 
system. 
(5) $15,600,000 shall be available for miscellaneous C-
135 aircraft modifications. 
SEC. 132. LIVE-FIRE SURVIVABILITY TESTING OF C-17 AIRCRAFT. 
(a) APPLICABILITY OF EXISTING LAW.—The C-17 transport air-
craft shall be considered to be a covered system for purposes of 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2335 
survivability testing under section 2366 of title 10, United States 
Code. 
(b) AUTHORITY FOR RETROACTIVE WAIVER.—The Secretary of 
Defense may exercise the waiver authority in subsection (c) of 
sudi section with respect to the application of the survivability 
tests of that section to the C-17 transport aircraft notwithstanding 
that such program has entered full-scale engineering development. 
(c) REPORT REQUIREMENT.—^If the Secretary of Defense submits 
a certification under subsection (c) of such section that live-fLre 
testing of the C-17 system under such section would be unreason-
ably expensive or impractical, the Secretazy of Defense shall require 
tti&t sufficiently large and realistic components and subsystems 
Uiat could affect the survivability of the C-17 system be made 
available for any alternative live-fire test program. 
(d) FUNDING.—^The fimds required to carry out any alternative 
live-fire testing program for the C-17 aircraft system shall be 
made available from amoimts appropriated for the C-17 program 
for 
fiscal 
year 1993. 
SEC. 1
3
3
. 
CORRECTION OF 
FUEL 
LEAKS 
ON C-17 
PRODUCTION MR-
CRAFT. 
(a) CERTIFICATION OF CONTRACTOR CORRECTION UNDER WAR-
RANTY.—^Ilie Secretary of the Air Force shall (except as otherwise 
provided under subsection (b)) certify to the congressional defense 
committees that the repair of the fuel leaks on production C-
17 aircraft will be ccuried out by the contractor (imder the warranty 
provisions of the production contract for such aircraft) at no addi-
tional cost to the Government and with no additional consideration 
to the contractor for production aircraft under the C-17 program 
by reason of the repair of the C-17 fuel leaks. 
(b) ALTERNATIVE TO CERTIFICATION.—If the Secretary of the 
Air Force is unable to make the certification referred to in sub-
section (a), the Secretary— 
(1) shall carry out the repair of the fuel leaks at an Air 
Logistics Center in the continental United States; and 
(2) shall submit to the congressional defense committees Reports. 
a report notifying the committees that the Secretary is unable 
to make such a certification and setting forth a schedule for 
conducting the repair of the fuel leaks pursuant to paragraph 
(1). 
SEC. 134. C-17 AIRCRAFT PROGRAM. 
(a) FUNDING FOR PROGRAM.—Of the amount appropriated 
pursuant to section 103(1)— 
(1) not more than $1,810,635,000 shall be available for 
procurement for the (3-17 aircraft program other than advance 
procurement and procurement of spare parts; and 
(2) not more than $250,905,000 shall be available for 
advance procurement for the C-17 aircraft program. 
(b) FISCAL YEAR 1993 LIMITATION.—In addition to the limitation 
contained in section 133(c) of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (PubUc Law 102-190; 106 
Stat. 1311), none of the funds appropriated for the Department 
of Defense for fiscal year 1993 that are made available for the 
C-17 aircraft program (other than funds for advance procurement) 
may be obligated before the Secretary of Defense sxibmits to tiie 
congressional defense committees the report referred to in section 
133(b) of that Act. 
106 STAT. 2336 
PUBLIC LAW 102-484—OCT. 23, 1992 
(c) FISCAL YEAR 1994 LIMITATION.—None of the funds appro-
priated for the Department of Defense for fiscal year 1994 uiat 
are made available for the C-17 aircraft program (other than funds 
for advance procurement) mav be obligated before— 
(1) the Secretary of the Air Force— 
(A) convenes the Scientific Advisory Board to determine 
the technical feasibility of carrying out a service life exten-
sion program for the C-141 aircraft fleet and to review 
programmed depot maintenance policies and practices for 
the C-141 aircraft fleet; and 
(B) acts to limit the retirement of any operationally 
capable C-141 aircraft until a decision is made concerning 
a service life extension for the C-141 fleet; 
(2) the Secretary of Defense convenes a special Defense 
Acquisition Board to review the C-17 aircraft pro-am; 
Reports. 
(3) the special Defense Acquisition Board submits to the 
Secretary of Defense a report on the C-17 aircraft program, 
including the matters described in subsection (d); and 
Reports. 
(4) the Secretary of Defense submits the report of that 
board, including the material referred to in subsection (d), 
to the congressional defense committees. 
(d) MATTERS TO BE INCLUDED IN REVIEW.—The review (referred 
to in subsection (cX2)) that is conducted by the special Defense 
Acquisition Board shall include— 
(1) an assessment by the Joint Requirements Oversight 
Coimcil (JROC) of the adequacy of the requirements for the 
C-17 aircraft; 
(2) an analysis by a federally funded research and develop-
ment center of the cost and operational effectiveness of the 
0-17 aircraft program taking into consideration complementary 
mixes of other aircraft; and 
(3) an affordability assessment of the program, performed 
by the Cost Analysis Improvement Group in the Office of the 
Assistant Secretary of Defense for Program Analysis and 
Evaluation. 
(e) PROHIBITION RELATING TO PRODUCTION CAPABILITY.-None 
of the funds provided under subsection (a) for the C-17 aircraft 
program may be used to increase the current rate at which the 
contractor could produce C-17 aircraft. 
(f) INITIATIVE ON COST, PERFORMANCE, AND MANAGEMENT.— 
(1) The Secretary of Defense, acting through the Under Secretary 
of Defense for Acquisition, shall establish an initiative to maintain 
control over costs, contractor performance, and management 
performance within the C!-17 aircraft program. 
(2) The initiative shall include the following elements: 
(A) The establishment of a management plan which pro-
vides for the decisions to commit to speofied levels of production 
to be linked to progress in meeting specified program mile-
stones, including testing milestones of such critical performance 
elements as— 
(i) maximum range and maximum payload perform-
ance; 
(ii) short airfield performance; 
(iii) ground mobility in restricted airfield conditions; 
(iv) low altitude parachute extraction capability; 
(v) air drop capability; and 
(vi) sustainable utilization rate performance. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2337 
(B) The establishment of a program for promoting increased 
interaction between the prime contractor and msgor program 
subcontractors on management and performance issues. 
(C) The establishment of a senior management review 
group to report directly to the Under Secretaxv of Defense 
For Acquisition on the status of aircr£dt capabiuty, program 
management, schedule, and cost. 
(D) The establishment of a system maturity matrix. 
(3) Not later than April 1, 1993, the Secretary of Defense Reports. 
shall submit to the congressional defense committees a report on 
the initiative. The report shall include a description of the measures 
t£iken to implement the initiative, including actions taken with 
respect to each of the elements specified in paragraph (2), and 
a description of the criteria and milestones to be used in evaluating 
actual program performance against specified program performance. 
(g) 
FUNDING LIMITATION ON FISCAL YEAR 1993 
ADVANCE 
PROCUREMENT FUNDS.—(1) None of the funds made available pursu-
ant to subsection (aX2) may be obligated until the Secretary of 
Defense certifies to the congressional defense conmiittees that— 
(A) the aircraft designated as the P-9 aircraft has moved 
to the "major join" stage of production with no less than 90 
percent of its assembly completed in position; and 
(B) the assembly of the aircraft designated as the P-14 
aircraft has begun at the final assembly facility. 
(2) A certification of the Secretarv under paragraph (1) shall 
be based on findings transmitted to the Secretary by the Defense 
Plant Representative Office. 
SEC. 135. TACTICAL ELECTRONIC WARFARE AIRCRAFT UPGRADE PRO-
GRAM. 
Not more than 65 percent of the funds authorized to be appro-
priated or otherwise made available to the Department of Defense 
for procurement for fiscal year 1993 may be obligated for the 
Air Force EF-111 aircraft System Improvement Program (SIP) 
upgrade program until the Secretary of Defense— 
(1) transmits to Congress the report referred to in section 
901; 
(2) determines, in light of such report and other factors, 
whether the EF-111 aircraft fleet is to be retained in the 
inventory; and 
(3) transmits to the congressional defense committees— 
(A) a notification of that determination; and 
(B) if that determination is that such fleet is to be 
retained in the inventory, a certification that the System 
Improvement Program upgrade program for the EF-111 
aircraft, and the operating and support costs for the fleet 
of EF-111 aircraft, are fully budgeted in the future-years 
defense program. 
SEC. 136. F-16 AIRCRAFT PROGRAM. 
None of the funds authorized to be appropriated for the F-
16 program for fiscal year 1993 or otherwise made available for 
the F-16 program may be obligated for advance procurement or 
any purposes other than the production of 24 F-16 aircraft and 
associated spare parts and support equipment until the Secretary 
of Defense has complied with the provisions of sections 901 and 
902. 
106 STAT. 2338 
PUBLIC LAW 102-484—OCT. 23, 1992 
Subtitle E—^Defense-Wide Programs 
SEC. 141. FUNDING FOR CERTAIN TACTICAL INTELUGENCE PRO-
GRAMS. 
(a) AUTHORIZATION.—Of the funds authorized to be appro-
priated under section 104, $56,962,000 shall be available for mod-
ernizing either EP-3 Aries aircraft or RC-135 Rivet Joint aircraft. 
(b) LIMITATION.—^None of the funds provided under subsection 
(a) or funds appropriated or otherwise made available to the Depart-
ment of Defense for procurement for fiscal year 1993 may be obli-
gated for Navy EP-3 aircraft or Air Force RC-135 airdraft until 
the Secretary of Defense— 
(1) transmits to Congress the report referred to in section 
901; 
(2) determines, in light of such report and other factors, 
which of those two aircri^ best meets tne intelligence require-
ments of the Department and, therefore, is to be retained 
in the inventory; and 
(3) transmits to the congressional defense committees— 
(A) a notification of the determination under paragraph 
(2); and 
(B) a determination of the total requirements for the 
selected aircraft, taking into consideration the contribution 
of related systems such as the Navy ES-3 aircraft and 
the Air Force U-2 and C-130 Senior Scout aircraft. 
(c) TRANSFER AUTHORITY.—(1) Upon determination of which 
aircraft referred to in subsection (a) best meets the intelligence 
requirements of the Department, and subject to the limitations 
in subsection (b), the Secretary of Defense may transfer the amount 
referred to in subsection (a) to either the Navy for procurement 
of EP-3 modifications or to the Air Force for procurement of RC-
135 modifications, depending upon which aircraft was selected. 
(2) The transfer authority in para^praph (1) is in addition to 
any other transfer authority provided in this or any other Act. 
SEC. 142. MH-47E/MH-60K H E U C O P T E R MODIFICATION PROGRAM& 
(a) REQUIRED TESTING.—^Notwithstanding the requirements of 
subsections (a) (2) and (b) of section 2366 of title 10, United States 
Code, and tbe requirements of subsection (a) of section 2399 of 
such title— 
(1) operational test and evaluation and survivability testing 
of the MH-60K helicopter under the MH-60K helicopter modi-
fication program shall be completed prior to full materiel release 
of the MH-60K helicopters for operational use; and 
(2) operational test and evaluation and survivability testing 
of the MH-47E helicopter under the MH-47E helicopter modi-
fication program shall be completed prior to full materiel release 
of the MH-47E helicopters for operational use. 
(b) REPEAL OF SUPERSEDED LAW.—Section 143 of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public 
Law 102-190; 105 Stat. 1313) is repealed. 
Subtitle F—Strategic Programs 
SEC. 151. B-2 BOMBER AIRCRAFT PROGRAM. 
(a) AMOUNT FOR PROGRAM.—Of the amount authorized to be 
appropriated pursuant to section 103 for the Air Force for fiscal 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2339 
year 1993 for procurement of aircraft, not more than $2,686,572,000 
may be obligated for procurement for the B-2 bomber aircraft 
program. 
(b) B-2 BUYOUT AND TERMINATION.—The funds referred to 
in subsection (a) may be obligated onlv for the purpose of completing 
procurement of aircraft for the B-2 bomber program, procurement 
of spares and piurts, and payment of all termination costs under 
the B-2 program. 
(c) LIMITATION ON NUMBER OP B-2 AIRCRAFT.—A total of not 
more than 20 deployable B-2 bomber aircraft plus one test aircraft 
may be procured. 
(d) LIMITATION ON OBUGATION OP FUNDS.—Of the funds 
referred to in subsection (a), not more than $900,000,000 may 
be obligated until— 
(1) the Secretary of Defense submits to the congressional 
defense committees— 
(A) the reports and certifications referred to in section 
131(bXl) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (PubUc Law 102-190; 105 
Stat. 1306); 
(B) the report under subsection (e); and 
(C) the report under subsection (f); 
(2) tiie Secretary provides to the Comptroller General of 
the United States for his review and evaluation the reports 
required under subsection (e) and (D and 30 calendar days 
thereafter have elapsed; and 
(3) after (A) the submission of the reports and certifications 
required by section 131 of Public Law 102-190, and the reports 
required under paragraph (1), and (B) either the review period 
specified in paragraph (2) has elapsed or the Comptroller Gen-
eral has delivered to the congressional defense committees his 
review of the reports required imder subsections (e) and (f), 
whichever occiu>s first, there is enacted an Act which permits 
the obligation of such funds for the procurement of B-2 bomber 
aircraft. 
(e) REPORT ON LOW OBSERVABILITY AND SURVIVABILITY.—A 
report of the Secretary of Defense referred to in subsection (dXlXB) 
is a report submitted to the congressional defense committees that 
includes the following: 
(1) The assessment by the Secretary of Defense of the 
extent to which the B-2 aircraft will meet its original low 
observability (including radar cross section) operational 
performance objectives, including objectives which were not 
fulfilled in a B-2 flight test in July 1991. 
(2) A full description of the information upon which the 
assessment required by paragraph (1) is based, including all 
relevant flight test data. 
(3) A full description of anv actions planned to improve 
the B-2 aircraft's low observability capabilities beyond the 
capabilities that have been demonstrated in flight testing by 
the date of the submission of the report required by this sub-
section, and the associated costs and benefits. 
(4) A quantitative assessment by the Secretary of Defense 
of the likelihood that a B-2 aircraft having the low observable 
characteristics projected for the aircraft can survive in tlie 
execution in the future of its primary mission as a penetrating 
nonnuclear bomber, as compared to the likelihood that a B-
59-194 0-93 
18:QL3(Pt. 3) 
106 STAT. 2340 
PUBLIC LAW 102-484—OCT. 23, 1992 
2 aircraft meeting all of its original radar cross section oper-
ational performance objectives contained in the current develop-
ment contract can survive in the execution of such a mission. 
- 
(f) REPORT ON COST OF PROGRAM FOR 20 B-2 
AIRCRAFT.— 
A report of the Secretary of Defense referred to in subsection 
(dXlXC) is a report submitted to the congressional defense commit-
tees that describes the total acquisition costs associated with a 
B-2 program resulting in 20 deployable aircraft, including all costs 
associated with research, development, test, and evaluation and 
procurement (including all planned modifications and retrofits, tool-
ing, preplanned product improvements, support equipment, interim 
contractor support, initial spares, any Government liability associ-
ated with termination, and other Government costs). 
SEC. 162. MODERNIZATION OF HEAVY BOMBER FORCE. 
(a) PLAN FOR TESTING.—(1) The Secretary of Defense shall 
prepare a plan to evaluate heavy bombers (other than the B-
2 bomber) in operational test ranges and facilities to demonstrate 
the effectiveness in conventional scenarios of both missions involv-
ing combined force package and missions involving only heavy 
bombers (other than the B-2 bomber). 
(2) The £urcraft to be tested under the plan include— 
(A) B-52H bombers; £ind 
(B) B-1 bombers. 
(3) The plan shall be designed— 
(A) to provide an assessment of the contribution afforded 
air operational commanders through the use of heavy bombers 
(other than the B-2 bomber); 
(B) to evaluate advanced conventional munitions capabili-
ties; 
(C) to evaluate the effectiveness of heavy bombers (other 
than tiie B-2 bomber) in both missions involving combined 
force package and missions involving only heavy bombers (other 
than the B-2 bomber); and 
(D) to provide a baseline of current capabilities of heavy 
bombers (otiier than the B-2 bomber). 
(b) EVALUATION OF SURVIVABILITY AND EFFECTIVENESS TESTING 
CAPABILITY.—(1) The Secretary of Defense shall conduct an assess-
ment of the current capability of the Department of Defense to 
carry out survivability flight testing and operational effectiveness 
flight testing of heavy bombers (other than uie B-2 bomber) against 
a set of defenses and defended target arrays that are representative 
of a broad range of potential defenses that those bombers might 
encounter during conventional conflicts during the next 20 years. 
(2) The Secretary shall carry out paragraph (1) with the assist-
ance o
f
— 
(A) the Secretary of the Air Force; 
(B) the Vice Chairmeui of the Joint Chiefs of Staff (in 
the Vice Chairman's capacity as chairman of the Joint Require-
• ments Oversight Coiuicil); 
(C) the Director of Operational Test and Evaluation of 
the Department of Defense; and 
(D) an independent panel to be established by the Secretary 
in accordance with the provisions of section 121(e) of the 
National Defense Authorization Act for Fiscal Years 1990 and 
1991 (Public Law 101-189; 103 Stat. 1379). 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2341 
(c) MATTERS TO BE COVERED BY ASSESSMENT.—AS part of 
the assessment under subsection (b), the Secretary of Defense shall 
determine the following: 
(1) The capability of the Department of Defense to design 
an operationally representative test that would use threat 
assets that are currently fielded by the Department and that 
would include— 
(A) cued defenses and uncued defenses; 
(B) individual air defense systems as well as multiple 
air defenses; and 
(C) siirvivability and operational effectiveness with and 
without external assets for suppression or disruption of 
simulated enemy air defenses. 
(2) The required quantitative measurements that are ade-
quate to permit extrapolation of test data developed through 
the operationally representative test to untested scenarios with 
reasonable confidence levels. 
(3) The capability of the Department to design tests to 
permit the evaluation of the effect that use of advanced conven-
tional mimitions currently imder development would have on 
the survivability and effectiveness of the aircraft. 
(d) REPORTING REQUIREMENTS.—(1) The Secretary of Defense 
shall submit to the congressional defense committees the plan for 
evaluating heavy bombers required by subsection (aXl). TTie plan 
shall include an evaluation of the usefulness of such testing in 
determining the contribution of heavy bombers (other than the 
B-2 bomber) in conventional scenarios. 
(2) The Secretary of Defense shall submit to the congressional 
defense conmuttees a report, in imclassified and classified forms, 
on the results of the assessment conducted pursuant to subsection 
(b). The report shall— 
(A) identify deficiencies in the numbers, performance, 
capability, and fidelity of air defense threats and threat simula-
tors available for operational testing; and 
(B) include an ansdysis of the cost and lead-times necessary 
for obtaining, for testing purposes, a representation of current 
and likely future air defenses that is adequate for evaluating 
proposed modifications to B-IB and B-52H bomber aircraft. 
(3) Within 60 days after the date of the submission of the 
plan under paragraph (1) and the report under paragraph (2), 
the Comptroller General of the United States shall review the 
report (including the recommendations in the report) and the plan 
and shall provide the congressional defense committees his views 
on the report and the plan. 
Subtitle G—Chemical Demilitarization Program 
SEC. 171. CHANGE IN CHEMICAL WEAPONS STOCKPILE ELIMINATION 
DEADLINE. 
Section 1412(bX5) of the Department of Defense Authorization 
Act, 1986 (50 U.S.C. 1521(bX5)), is amended by striking out "July 
31,1999^ and inserting in lieu thereof "December 31, 2004**. 
SEC. 172. CHEMICAL 
DEMILITARIZATION 
CITIZENS 
ADVISORY 50 USC 1521 
COMMISSIONS. 
note. 
(a) ESTABUSHMENT.—(1) The Secretary of the Army shall estab-
lish a citizens' commission for each State in whicn tibere is a 
106 STAT. 2342 
PUBLIC LAW 102-484—(XTT. 23, 1992 
low-volume site (as defined in section 180). Each such commission 
shall be known as the "Chemical Demilitarization Citizens' Advisory 
Commission" for that State. 
(2) The Secretary shall also establish a Chemical Demilitariza-
tion Citizens' Advisory Commission for any State in which there 
is located a chemical weapons storage site other than a low-volume 
site, if the establishment of such a commission for such State 
is requested by the Governor of that State. 
(b) FUNCTIONS.—^The Secretary of the Army shall provide for 
a representative from the Oflice of the Assistant Secretary of the 
Army (Installations, Logistics, and Environment) to meet with each 
commission under this section to receive citizen and State concerns 
regarding the ongoing program of the Army for the disposal of 
the lethal chemical agents and munitions in the stockpile referred 
to in section 1412(aXl) of the Department of Defense Authorization 
Act, 1986 (50 U.S.C. 1521(aXl)) at each of the sites with respect 
to which a commission is established pursuant to subsection (a). 
(c) MEMBERSHIP.^1) Each commission established for a State 
pursuant to subsection (a) shall be composed of nine members 
appointed b^ the (jrovemor of the State. Seven of such members 
shall be citizens from the local affected areas in the State; the 
other two shall be representatives of State government who have 
direct responsibilities related to the chemical demilitarization pro-
gram. 
(2) For purposes of paragraph (1), affected areas are those 
areas located within a 50-mile radius of a chemical weapons storage 
site. 
(d) CoNFLicrrs OF INTEREST.—^For a period of five years after 
the termination of any commission, no corporation, partnership, 
or other organization in which a member of that commission, a 
spouse of a member of that commission, or a natural or adopted 
child of a member of that commission has an ownership interest 
may be awarded— 
(1) a contract related to the disposal of lethal chemical 
agents or munitions in the stockpile referred to in section 
1412(aXl) of the Department of Defense Authorization Act, 
1986 (50 U.S.C. 1521(aXl)); or 
(2) a subcontract under such a contract. 
(e) CHAIRMAN.—^The members of each commission shall des-
ignate the chairman of the commission from among the members 
of the commission. 
(f) MEETINGS.—Each commission shall meet with a representa-
tive fh>m the Office of the Assistant Secretary of the Army (Installa-
tions, Logistics, and Environment) upon jomt agreement between 
the chairman of the commission and that representative. The two 
parties shall meet not less often than twice a year and may meet 
more often at their discretion. 
(g) PAY AND EXPENSES.—^Members of each commission shall 
receive no pay or compensation for their involvement in their activi-
ties of the commission. 
(h) TERMINATION OF COMMISSIONS.—Each commission shall be 
terminated after the stockpile located in that commission's State 
has been destroyed. 
SEC. 173. EVALUATION OF ALTERNATIVE TECHNOLOGIES. 
(a) REPORT.—Not later than December 31, 1993, the Secretary 
of the Army shall submit to Congress a report on the potential 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2343 
alternatives to the use of the Arm/s baseline disassembly and 
incineration process for the disposal of lethal chemical agents and 
munitions. The report shall include the following: 
(1) An analysis of the report of the Committee on Alter-
native Chemical Demilitarization Technolo^es of the National 
Research Council of the National Academy of Sciences. 
(2) Any recommendations that the National Academy of 
Sciences makes to the Army regarding the report of that 
committee, together with the Secretary's evaluation of those 
recommendations. 
(3) A comparison of the baseline disassembly and inciner-
ation process vdth each alternative technology evaluated in 
the report of such committee that the National Academy of 
Sciences recommends for use in the Army Chemical Stockpile 
Disposal Program, taking into consideration each of the follow-
ing factors: 
(A) Safety. 
(B) Environmental protection. 
(C) Cost effectiveness. 
(4) For each alternative technology recommended by the 
National Academy of Sciences, the date by which the Army 
coidd reasonablv be expected to systematize, construct, and 
test the technology, obtain all necessary environmental and 
other permits necessary for using that technology for the dis-
posal of lethal chemical agents and munitions, and have the 
technology available for full-scale chemical weapons destruction 
and demilitarization operations. 
(5) A description of alternatives to incineration that are 
being developed by Russia for use in its chemical demilitariza-
tion program and an assessment of the extent to which such 
alternatives could be used to destroy lethal chemical weapons 
in the United States inventory of such weapons. 
(6) Consideration of appropriate concerns arising from 
meetings of the Chemical Demilitarization Citizens' Advisory 
Commissions established pursuant to section 172. 
(7) In any case in which the criteria specified in section 
174 are met, notification that the Secretary intends to imple-
ment an alternative technology disposal process at a low-volimie 
site. 
(b) LIMITATION.—(1) Except as provided in paragraphs (2) and 
(3), the Secretary of the Army may not commence site preparation 
for, or construction of, a facility for disassembly and incineration 
of chemical agents imtil the report required under subsection (a) 
is submitted to Congress. 
(2) The limitation in paragraph (1) does not apply to any 
facility for disassembly and incineration of chemical agents (of 
the eight such facilities identified in the Aimy Chemical Stockpile 
Disposal Program) at which site preparation or construction has 
commenced before the date of the enactment of this Act. 
(3) Except as provided in section 175, the limitation in para-
graph (1) does not apply to the following: 
(A) Facility design activities. 
(B) The obtaining of environmental permits. 
(C) Project planning. 
(D) Procurement of equipment for installation in a facility. 
(E) Dual purpose depot support construction projects which 
are needed to ensure the continuing safe storage of chemical 
106 STAT. 2344 
PUBLIC LAW 102-484—OCT. 23, 1992 
weapons stocks and their ultimate disposal regardless of the 
technology employed. 
50 use 1521 
SEC. 174. ALTERNATIVE DISPOSAL PROCESS FOR LOW-VOLUME SITES. 
"°*®' 
(a) REQUIREMENT FOR ALTERNATIVE PROCESS.—If the date by 
which chemical weapons destruction and demilitarization operations 
can be completed at a low-volume site using an alternative tech-
nology process evaluated by the Secretary of the Army falls within 
the deadline established by the amendment made by section 171 
and the Secretanr determines that the use of that alternative tech-
nology process tor the destruction of chemical weapons at that 
site is significantly safer and equally or more cost-effective than 
the use of the baseline disassembly and incineration process, then 
the Secretary of the Army, as part of the requirement of section 
1412(a) of Public Law 99-145, shall carry out the disposal of chemi-
cal weapons at that site using such alternative technolo^ process. 
In addition, the Secretary may carry out the disposal of cnemical 
weapons at sites other than low-volume sites using an alternative 
technology process (rather than the baseline process) after notifying 
Congress of the Secretar/s intent to do so. 
(b) APPLICABILITY OF CERTAIN PROVISIONS OF SECTION 1412.— 
Subsections (c), (e), (f), and (g) of section 1412 of Public Law 
99-145 (50 U.S.C. 1521) shall apply to this section and to activities 
under this section in the same manner as if this section were 
part of that section 1412. 
50 use 1521 
SEC. 175. REVISED CHEMICAL WEAPONS DISPOSAL CONCEPT PLAN. 
(a) REVISED PLAN.—^If, pursuemt to section 174, the Secretary 
of the Army is required to implement an alternative technology 
process for destruction of chemical weapons at any low-volume 
site, the Secretary shall submit to Congress a revised chemical 
weapons disposal concept plan incorporating the alternative tech-
nology process and reflecting the revised stockpile disposal schedule 
developed under section 1412(b) of Public Law 99-145 (50 U.S.C. 
1521(b)), as amended by section 171. In developing the revised 
concept plan, the Secretary should consider, to the maximvun extent 
practicable, revisions to the program and program schedule that 
capitalize on the changes to tne cnemical demilitarization schedule 
resulting from the revised stockpile elimination deadline by reduc-
ing cost and decreasing program risk. 
(b) MATTERS TO B E INCLUDED.—The revised concept plan 
shoidd include— 
(1) life-cycle cost estimates and schedules; and 
(2) a description of the facilities and operating procedures 
to be employed using the alternative technology process. 
(c) APPLICABILITY OF CERTAIN PROVISIONS OF SECTION 1412.— 
Subsection (c) of section 1412 of Public Law 99-145 (50 U.S.C. 
1521) shall apply to the revised concept plan in the same manner 
as if this section were part of that section 1412. 
(d) SUBMISSION OF REVISED PLAN.—If the Secretary is required 
to submit a revised concept plan under this section, the Secretary 
sh£dl submit the revised concept plan not later than 180 days 
after the date on which the Secretary submits the report required 
under section 173. 
(e) LIMITATION.—If the Secretary is required to submit a revised 
concept plan under this section, no funds may be obligated for 
procurement of equipment or for facilities planning and design 
activities (other than for those preliminary planning and design 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2345 
activities required to comply with subsection(bX2)) for a chemical 
weapons disposal facility at any low-volume site at which the Sec-
retary intends to implement an alternative technology process until 
the Secretary submits the revised concept plan. 
SEC. 176. REPORT ON DESTRUCTION OF NONSTOCiO^ILE CHEMICAL 
BIATERIAL. 
(a) REPORT REQUIRED.—(1) Not later than February 1, 1993, 
the Secretary of the Army shall submit to Confess a report setting 
forth the Army's plans for destroying all chemical warfare material 
of the United States not covered by section 1412 of the Department 
of Defense Authorization Act, 1986 (50 U.S.C. 1521), that would 
be required to be destroyed if the United States became a party 
to a chemical weapons convention described in paragraph (2). 
(2) The chemical weapons convention referred to in paragraph 
(1) is a chemical weapons convention that is substantially tne 
same as the final drsut of the proposed international Chemical 
Weapons Convention (CWC) tabled by the Chairman of the United 
Nations Conference on Disarmament Ad Hoc Committee on Chemi-
cal Weapons on June 22,1992 (CD/CW/WP.400/Rev.l). 
(b) M
A
T
E
R
I
A
L
S To BE C
O
V
E
R
E
D B
Y REPORT.—The chemical war-
fare material covered by the rei>ort shall include the following: 
(1) Binary chemical munitions. 
(2) Buried chemical munitions. 
(3) Chemical munitions recovered from ranges. 
(4) Chemical weapons production facilities. 
(5) All other chemical warfare material referred to in sub-
section (a). 
(c) MATTERS TO BE INCLUDED IN REPORT.—The report shall 
include the following: 
(1) A list of all suspected locations (including ranges) of 
buried or unexpended chemical munitions. 
(2) An estimate of the number of such munitions and, 
of that number, how many of such munitions are planned 
to be destroyed. 
(3) An inventory of the former chemical weapons production 
facilities and previously contaminated storage containers and 
the plans for destroying those facilities and containers. 
(4) An inventoiy of the binary chemical munitions and 
the plans for destroying those munitions. 
(6) The locations at which the chemical warfare materials 
and facilities referred to in subparagraphs (A) through (D) 
will be destroyed. 
(6) A description of the use, if any, that will be made 
of the Chemical Agent and Munitions Disposal System 
(CAMDS) facility, Tooele, Utah, in the destruction of those 
chemical warfare materials, as well as possible future uses 
of that facility for the destruction of conventional munitions 
or for researcn and development of possible alternative tech-
nologies for the destruction of chemical munitions. 
(7) For the chemical warfare materials that cannot be 
destroyed in place or on site, a description of the means to 
be used for transporting the materials to disposal facilities. 
(8) An estimate of the cost of destroying such chemical 
warfare materials and facilities. 
(9) An estimate of the time that will be necessary to destroy 
such chemical warfare materials and faciUties and the Sec-
106 STAT. 2346 
PUBLIC LAW 102-484—OCT. 23, 1992 
retaiys determination of the likelihood that such materials 
and facilities can be destroyed by December 31,2004. 
(10) A determination as to whether it is a realistic option 
to transport chemical agents and mimitions currently stored 
at low-volume disposal sites to other locations for destruction 
instead of destroying those munitions at those sites, t£^ng 
into consideration safety, cost effectiveness, and the potential 
obligations of the United States imder a chemical weapons 
convention to transport substantial qu£uitities of chemical war-
fare munitions and materials not in the United States stockpile 
of lethal chemical agents and munitions to various locations 
for destruction. 
SEC. 177. PHYSICAL AND CHEMICAL INTEGRITY OF THE CHEMICAL 
WEAPONS STOCKPILE. 
(a) REPORT REQUIRED.—Not later than May 1, 1993, the Sec-
retary of the Army shall submit to Congress a report on the physical 
and chemical integrity of the existing chemical weapons that are 
contained in the chemical weapons stockpile of the United States 
and are stored within the eight chemical weapons storage sites 
within the continental United States. 
(b) CONTENT OF REPORT.—^The report shall include the following 
matters: 
(1) A critical analysis of the near-term, mid-term, and 
long-term storage life of all chemical materials and chemical 
munitions contmned within the storage sites referred to in 
subsection (a). 
(2) For each class of chemical munitions and chemical 
agents, an analysis of the overall frequency of leaks of the 
munitions and agents and the frequenpy of leaks of the muni-
tions and agents at each storage site. 
(3) For each class of munitions and agents and for each 
storage site, a description of the finite risks and potential 
harm to human health and environmental quality that are 
associated with such catastrophic events as container breach, 
spontaneous munition ignition, and leak. 
(4) A critical analysis of the risks associated with the 
storage of the chemical munitions and chemical agents in each 
class of chemical munitions and chemical agents that are stored 
at each storage site through December 31, 2004. 
(5) A discussion of actions that could be taken to minimize 
or eliminate the risks identified pursuant to paragraphs (1) 
through (4). 
50 use 1521 
SEC. 178. SENSE OF CONGRESS CONCERNING INTERNATIONAL CON-
note. 
SULTATION AND EXCHANGE PROGRAM. 
It is the sense of Congress that the Secretary of Defense, 
in consultation with the Secretary of State, should establish, with 
other nations that are anticipated to be signatories to an inter-
nationsd agreement or treaty banning chemical weapons, a program 
under which consultation and exchange concerning chemical weap-
ons disposal technology could be enhanced. Such a program shall 
be usea to facilitate the exchange of technical information and 
advice concerning the disposal of chemical weapons among signatory 
nations and to further the development of safer, more cost-efiective 
methods for the disposal of chemical weapons. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2347 
SEC. 179. TECHNICAL AMENDMENTS TO SECTION 1412. 
Section 1412 of Public Law 99-145 (50 U.S.C. 1521) is amended 
as follows: 
(1) Subsection (a) is amended— 
(A) by^ striking out "(1)" before 'Notwithstanding any 
other provision of law,"; and 
(a) by striking out paragraph (2). 
(2) Subsection (c) is amendfed by striking out ''subsection 
(aXD" and inserting in lieu thereof "subsection (a)". 
(3) Subsection (g) is amended— 
(A) in paragraph (1), by striking out "paragraph (4)" 
and inserting in lieu thereof "paragraph (3)"; 
(B) by striking out paragraph (2); 
(C) by redesignating paragraph (3) as paragraph (2) 
and in that paragraph striking out "report other than the 
first one" and inserting in lieu thereof "such report"; and 
(D) by redesignating paragraph (4) as paragraph (3). 
SEC. 180. DEFINITION OF LOW-VOLUME SITE. 
For purposes of this subtitle, the term "low-volume site" means 
one of tne three chemical weapons storage sites in the United 
States at which there is stored 5 percent or less of the total 
United States stockpile of unitary chemical weapons. 
Subtitle H—Armament Retooling and Manufacturing 
Support Initiative 
SEC. 191. SHORT TITLE. 
This subtitle may be cited as the "Armament Retooling and 
Manufacturing Support Act of 1992". 
SEC. 192. POUCY. 
It is the policy of the United States— 
(1) to encourage, to the maximum extent practicable, 
nondefense commercial firms to use Government-owned, con-
tractor-operated ammunition manufacturing facilities of the 
Department of the Army; 
(2) to use such facilities for supporting programs, projects, 
policies, and initiatives that promote competition in t^e private 
sector of the United States economy and that advance United 
States interests in the global marketplace; 
(3) to increase the manufacture of products inside the 
United States that, to a significant extent, are manufactured 
outside the United States; 
(4) to support policies and programs that provide manufac-
turers with mcentives to assist the United States in maldng 
more efficient and economical use of Government-owned indus-
trial plants and equipment for commercial purposes; 
(5) to provide, as appropriate, small busmesses (including 
socially and economically (usadvcmtaged small business con-
cerns and new small businesses) with incentives that encourage 
those businesses to imdertake manufacturing and other indus-
trial processing activities that contribute to tiie prosperity of 
the United States; 
(6) to encourage the creation of jobs through increased 
investment in the private sector of the United States economy; 
50 use 1521 
note. 
Armament 
Retooling and 
Manufacturing 
Support Act of 
1992 
10 use 2501 
note. 
106 STAT. 2348 
PUBLIC LAW 102-484—OCT. 23, 1992 
(7) to foster a more efficient, cost-effective, and adaptable 
armaments industry in the United States; 
(8) to achieve, with respect to armaments manufacturing 
capacity, an optimum level of readiness of the defense industrifid 
base of the United States tiiat is consistent with the projected 
threats to the national security of the United States and the 
projected emergency requirements of the Armed Forces of the 
United States; and 
(9) to encoiu>age facility contracting where feasible. 
SEC. 198. ARMAMENT RETOOLING AND BIANUFACTURING SUPPORT 
INITIATIVE. 
(a) AUTHORITY FOR INITIATIVE.—^During fiscal years 1993 and 
1994, the Secretary of the Army may carry out a program to 
be known as the "Armament Retooling and Manufacturing Support 
Initiative" (hereinafter in this subtitle referred to as the "ARMS 
Initiative"). 
(b) PURPOSES.—^The purposes of the ARMS Initiative are as 
follows: 
(1) To encourage commercial firms, to the maximum extent 
practicable, to use Government-owned, contractor-operated 
ammunition manufacturing facilities of the Department of the 
Army for commercial purposes. 
(2) To increase the opportunities for small businesses 
(including socially and economically disadvantaged small busi-
ness concerns and new small businesses) to use such facilities 
for those purposes. 
(3) To reduce the adverse efiTects of reduced Department 
of the Army spending that are experienced by States and 
communities by providing for such facilities to be used for 
commercial purposes that create jobs and promote prosperity. 
(4) To provide for the reemplojrment and retraining of 
skilled workers who, as a result of the closing of such facilities, 
are idled or underemployed. 
(5) To contribute to the attainment of economic stability 
in economically depressed regions of the United States where 
there are Government-owned, contractor-operated ammunition 
manufacturing facilities of the Department of the Army. 
(6) To maintain in the United States a work force having 
the skills in manufacturing processes that are necessary to 
meet industrial emergency planned requirements for national 
security purposes. 
(7) To be a model for fiiture defense conversion initiatives. 
(8) To the maximum extent practicable, to allow the oper-
ation of Government-owned, contractor-operated ammunition 
manufacturing facilities of the Department of the Army to 
be rapidly responsive to the forces of 
firee 
market competition. 
(9) Tluxjugh the use of Government-owned, contractor-oper-
ated ammunition manufacturing facilities for commercial pur-
poses, to encourage relocation of industrial production to the 
United Stetes 
fi'om 
outside the United Stetes. 
(c) AVAILABILITY OF FACILITIES.—The Secretary of the Army 
may make the Government-owned, contractor-operated ammunition 
manufacturing facilities of the Department of the Army available 
for the purposes of the ARMS Initiative. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2349 
SEC. 194. FACILITIES CONTRACTS. 
(a) IN GENERAL.—In the case of each Government-owned, con-
tractor-operated ammunition manufacturing facility of the Depart-
ment of the .^:iny that is made available for the ARMS Initiative, 
the Secretary of the Army may, by contract, authorize the facility 
contractor— 
(1) to use the facility for one or more years consistent 
with the purposes of the ARMS Initiative; and 
(2) to enter into multiyear subcontracts for the commercial 
use of the facility consistent with such purposes. 
(b) FACILITY CONTRACTOR DEFINED.—^For purposes of subsection 
(a), the term "facility contractor", with respect to a Government-
owned, contractor-operated ammunition manufacturing facility of 
the Department of the Army, means a contractor that, under a 
contract with the Secretary of the Army— 
(1) is authorized to manufacture ammunition or any compo-
nent of ammimition at the facility; and 
(2) is responsible for the overall operation and maintenance 
of the facility for meeting planned requirements in the event 
of an industrial emergency. 
SEC. 195. REPORTING REQUIREMENT. 
Not later than July 1, 1993, the Secretary of the Army shall 
submit to the congressional defense committees a report on the 
ARMS initiative. The report shall contain— 
(1) a comprehensive review of contracting of Government-
owned, contractor-operated ammunition manufacturing facili-
ties, imder the ARMS Initiative; and 
(2) any recommendations the Secretary may have for 
changes to the ARMS Initiative. 
TITLE 
II—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
Subtitle A—Authorizations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for the use of the Armed Forces for research, development, 
test, and evaluation as follows: 
(1) For the Army, $5,919,048,000. 
(2) For the Navy, $8,984,717,000. 
(3) For the Air Force, $14,231,700,000. 
(4) For the Defense Agencies, $10,478,115,000, of which— 
(A) $261,707,000 is authorized for the activities of the 
Deputy Director, Defense Research and Engineering (Test 
and Evaluation); and 
(B) $12,983,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVEL-
OPMENT. 
(a) FISCAL YEAR 1993.—Of the amounts authorized to be appro-
priated by section 201, $4,374,912,000 shall be available for basic 
research and exploratory development projects. 
(b) 
BASIC 
RESEARCH 
AND 
EXPLORATORY 
DEVELOPMENT 
DEFINED.—^For purposes of this section, the term 'nt>asic research 
106 STAT. 2350 
PUBLIC LAW 102-484—OCT. 23, 1992 
and exploratory development" means work funded in program ele-
ments for defense research and development under Department 
of Defense category 6.1 or 6.2. 
SEC. 203. MANUFACTURING TECHNOLOGY DEVELOPMENT. 
(a) FISCAL YEAR 1993.—Of the amounts authorized to be appro-
priated bv section 201, $374,620,000 shall be available for, and 
may be obligated only for, manufacturing technology development 
as follows 
* 
(i) For the Army, $51,000,000. 
(2) For the Navy, $119,250,000. 
(3) For the Air Force, $138,370,000. 
(4) For the Defense Logistics Agency, $29,000,000. 
(5) For the Office of the Secretary of Defense, $37,000,000. 
(b) WORKER SKILLS.—^Manufacturing technolo^ development 
programs conducted by or for the Department of Defense, including 
those programs for which funds are made available pursuant to 
section 203, shall include a focus on production technologies 
designed to build on and expand existing worker skills and experi-
ence in manufacturing production. 
SEC. 204. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOP-
MENT PROGRAM. 
Of the amoimts authorized to be appropriated by section 201, 
$200,000,000 shall be available for the Strategic Environmental 
Research and Development Program. 
SEC. 205. ENDOWMENT FOR DEFENSE INDUSTRIAL COOPERATION. 
(a) REPORT.—^The Secretary of Defense shall prepare a report 
on the benefits and limitations of esteblishing a United Stetes-
Israel Endowment for Defense Industrial Cooperation witJi the 
following objectives: 
(1) To promote and support joint defense industrial activi-
ties of mutual benefit to the United Stetes and Israel. 
(2) To promote and support joint commercialization of 
defense teclmologies of mutual benefit to the United States 
and Israel. 
(3) To strengthen a mutually beneficial defense trade pro-
gram between the United Stetes and Israel. 
(b) DEADLINE.—^The Secretary shall submit to Congress the 
report required by subsection (a) no later than August 1, 1993. 
Subtitle B—^Program Requirements, Restrictions, and 
Limitations 
SEC. 211. V-22 OSPREY AIRCRAFT PROGRAM. 
(a) FUNDING.—Of the funds authorized to be appropriated 
pursuant to section 201 or otherwise made available for research, 
development, test, and evaluation for the Navy for fiscal year 1993, 
the sum of $755,000,000 shall be used only for the V-22 Osprey 
aircraft program. 
(b) USE OF FUNDS FOR CURRENT AND PRIOR FISCAL YEARS.— 
The amoimt made available for fiscal year 1993 for the V-22 Osprey 
aircraft program pursuant to subsection (a) and the amounte that 
were authorized and appropriated for preceding fiscal years for 
that program may be usea only for— 
(1) the development and manufacture of V-22 Osprey or 
derivative tiltrotor aircraft for operational testing; and 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2351 
(2) the operational testing of such aircraft, 
(c) REPORT.—(1) The Commandant of the Marine Corps shall 
submit to the congressional defense committees a report on the 
cr£ish of the V-22 Osprey prototype aircraft that occurred on 
July 20, 1992. The report shall include a discussion of the following 
matters: 
(A) The cause or causes of the crash. 
(B) The extent to which a redesign of a system might 
be required to correct the condition or conditions that caused 
the crash. 
(C) The effects of the crash on the cost, schedule, and 
technical risk of tiie V-22 Osprey development and testing 
program. 
(2) Not more than 50 percent of the amount appropriated 
for the Navy for fiscal year 1993 and made available tor the 
V-22 Osprey aircraft program may be obligated for such program 
until the Commandant has submitted the report required by para-
graph (1). 
SEC. 212. 
SPECIAL 
OPERATIONS 
VARIANT 
OF 
THE 
V-22 OSPREY 
AIR. 
CRAFT. 
Of the amounts authorized to be appropriated pursuant to 
section 201(4), $15,000,000 shall be available for research, develop-
ment, test, and evaluation in connection with the special operations 
variant of the V-22 Osprey aircraft. 
SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED 
ADVANCED CHEMICAL LASER AGAINST AN OBJECT IN 
SPACE. 
The Secretary of Defense may not carry out a test of the 
Mid-Infrared Advanced Chemical Laser (MIRACL) transmitter and 
associated optics against an object in space during 1993 unless 
such testing is specifically authorized by law. 
SEC. 214. NAVY TACTICAL AVIATION PROGRAMS. 
(a) A-X AIRCRAFT PROGRAM.—The Secretary of Defense shall 
restructure the acquisition plan for the A-X aircraft program to 
provide for development, demonstration, and validation of at least 
two prototypes for each of the two most promising proposals received 
from concept exploration. In restructuring such acquisition strategy, 
the Secretary shall require the following: 
(1) That the protot3n;>e designs for such aircraft, to the 
maximimi extent feasible, use technologies for engines, radar, 
and avionics that are derived from me F-117, A-12, B-2, 
or F-22 aircraft programs or that are currently available in 
existing aircraft. 
(2) That the aircraft design to be used for the program 
be selected through the use of competitive procedures. 
(b) FA-18E/F AIRCRAFT PROGRAM.—The Secretary of the Navy 
may not obligate any fimds for procurement for the F-18E/F 
multirole aircraft program until— 
(1) the Secretary has completed an early operational assess-
ment of the aircraft design based in part on flight performance 
of not less than two research and development prototype air-
craft; and 
(2) the Director of Operational Test and Evaluation of 
the Department of Defense has approved the operational assess-
ment plan for the program. 
106 STAT. 2352 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 216. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT RESPON-
SIBILITY FOR NAVY MINE COUNTERMEASURES PROGRAM. 
Section 216 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317) is 
amended— 
(1) in subsection (a), by striking out ''during fiscal years 
1993 through 1997" and inserting in lieu thereof "during fiscal 
years 1994 through 1997"; and 
(2) in subsection (b), by striking out "not later than Jime 
1 of the calender year in which that fiscal year begins" and 
inserting in lieu thereof "coincident with the submission of 
the budget for that fiscal year". 
SEC. 216. UGHT ARMORED VEHICLE 10&-MILLIMETER GUN (LAV-IOS) 
PROGRAM. 
(a) REINSTATEMENT OF LAV-105 PROGRAM.—Unless the devel-
opment program for the Light Armored Vehicle 105-millimeter 
(LAV-105) gim has been reinstated and the funds appropriated 
for that program for fiscal year 1992 have been obUgated by the 
date of the enactment of this Act, the Secretary of the Navy, 
not later than 60 days after the date of the enactment of this 
Act shall— 
(1) reinstate the program for engineering and manufactur-
ing systems development of the LAV-105 vehicle; and 
(2) obligate the funds provided for fiscal year 1992 for 
development and evaluation of the LAV-105 veiucle prototype. 
(b) FUNDING.—Of the funds authorized to be appropriated 
pursuant to section 201, or otherwise made available, for research, 
development, test, and evaluation for the Navy for fiscal year 1993, 
the sum of $14,700,000 shall be available for completion of the 
development and operational testing of the LAV-105 vehicle. 
SEC. 217. ADVANCED RESEARCH PROJECTS. 
Section 2371 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(g) The Secretary of Defense, in carrying out research projects 
through the Defense Advanced Research Projects Agency, and the 
Secretary of each military department, in carrying out research 
projects, may permit the director of any federally funded research 
and development center to enter into cooperative research and 
development agreements with any person, any agency or instrumen-
tality of the United States, any luiit of State or local government, 
and any other entity under tne authority gremted by section 11 
of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710a). Technology may be transferred to a non-Federal 
party to such an agreement consistent with the provisions of sec-
tions 10 and 11 of such Act (15 U.S.C. 3710, 3710a).". 
SEC. 218. REVISION TO SUPERCONDUCTING 
MAGNETIC 
ENERGY 
STORAGE PROJECT. 
(a) PROGRAM PLAN.—^The Secretory of Defense, acting through 
the Director of the Defense Nuclear Agency, shall revise and proceed 
with the program plan submitted pursuant to section 22(Kb) of 
Public Law 102-190 (105 Stot. 1320) to revise and build an 
engineering test model for the Superconducting Magnetic Energy 
Storage Project. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2353 
(b) REVISIONS REQUIRED.—^The Secretary shall revise the pro-
gram plan for the Superconducting Magnetic Energy Storage Project 
to include the following: 
(1) Background information on prior plans, on completed 
work, and on the specific history of Phases 1 and 2 of the 
Department of Defense's project. 
(2) An improved and expanded management plan which 
estabUshes a distinct Project Office in tiie Department of 
Defense or in the Department of Energy. 
(3) A project organizational structure which includes two 
oversight elements, as follows: 
(A) An executive management steering committee com-
posed of representatives of the Department of Defense, 
the Department of Energy, and the Electric Power Research 
Institute and representatives of any host utility and 
contributing sponsors. 
(B) A technical review committee to provide a forum 
of United States experts to review the program progress 
and technical results and efforte to investigate the utility 
of superconducting magnetic energy storage, with a require-
ment that the reviews be conducted at least quarterly 
and findings be reported to the Director, Defense Research 
and Engineering. 
(4) Deteils of planned technical tasks that include— 
(A) superconductor experimente that 
significantly 
increase the electric current capacity of superconducting 
magnetic energy storage experiments conducted in previous 
phases; 
(B) new system sizing and costing studies of the 
engineering test model for extrapolation to both smaller 
and larger systems; 
(C) materials and construction experimente and studies 
that lead to totel system cost reduction; and 
(D) system studies to determine potential applications 
of superconducting magnetic energy storage, including mili-
tary, commercial, and scientific utility of the engineering 
test model. 
(5) Plans to secure cost sharing for the project. 
(c) SCHEDULE.—^The Secretary shall submit the revised plan 
to Congress not later than 30 days after the date of the enactment 
of this Act. 
(d) FUNDING.—^The Secretary shall use imobUgated funds appro-
priated for fiscal year 1992 for research, development, test, and 
evaluation to conduct the scientific investigations pertaining to 
this section, including contracting with the Department of Energy 
for appropriate participation in the studies. 
(e) REVISION TO FISCAL YEAR 1992 PROVISIONS.—<1) Section 
220(b) of Public Law 102-190 (105 Stet. 1320) is amended— 
(A) by striking out the period at the end of paragraph 
(1) and inserting in lieu thereof "and by participating private 
sector firms."; and 
(B) by striking out paragraph (3). 
(2) Title IV of the Department of Defense Appropriations Act, 
1992 (Pubhc Law 102-172; 105 Stet. 1166), is amended in the 
paragraph under the heading "RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION, DEFENSE AGENCIES" by striking out "Provided further, 
That the Secretory of Defense shsdl complete the Phase One contrac-
106 STAT. 2354 
PUBLIC LAW 102-484—OCT. 23, 1992 
tor down-selection process for the Superconductive Magnetic Energy 
Storage system witnin 60 days after enactment of this Act:". 
Subtitle C—^Missile Defense Programs 
10 use 2431 
SEC. 231. THEATER MISSILE DEFENSE INITIATIVE. 
"°*® 
(a) ESTABLISHMENT O F THEATER MISSILE D E F E N S E INITIATIVE.— 
The Secretary of Defense shall establish a Theater Missile Defense 
Initiative office within the Department of Defense. All theater and 
tactical missile defense activities of the Department of Defense 
(includingall pron>ams, projects, and activities formerlv associated 
with 
tihe 
Theater Missile Defense program element of uie Strategic 
Defense Initiative) shall be carried out under the Theater Missile 
Defense Initiative. 
(b) FUNDING FOR FISCAL YEAR 1993.—Of the amounts appro-
priated pursuant to section 201 or otherwise made available to 
the Department of Defense for research, development, test, and 
evaluation for fiscal year 1993, not more than $935,0()0,000 may 
be obligated for activities of the Theater Missile Defense Initiative, 
of which not less than $90,000,000 shall be made available for 
exploration of promising concepts for naval theater missile defense. 
(c) REPORT.—^When the President's budget for fiscal vear 1994 
is submitted to Congress pursuant to section 1105 of title 31, 
United States Code, the Secretary of Defense shall submit to the 
congressional defense committees a report— 
(1) setting forth the proposed allocation by the Secretary 
of fluids for the Theater Missile Defense Initiative for fiscal 
year 1994, shown for each program, project, and activity; 
(2) describing an updated master plan for the Theater 
Missile Defense Initiative that includes (A) a detailed consider-
ation of plans for theater and tactical missile defense doctrine, 
training, tactics, and force structure, and (B) a detailed acquisi-
tion strategy which includes a consideration of acquisition and 
life-cycle costs through the year 2005 for the programs, projects, 
and activities associated with the Theater Missile Defense 
Initiative; 
(3) assessing the possible near-term contribution and cost-
effectiveness for theater missile defense of exoatmospheric 
capabilities, to include at a minimum a consideration of— 
(A) the use of the NavVs Standard missile combined 
with a kick stage rocket motor and lightweight 
exoatmospheric projectile (LEAP); and 
(B) the use of the Patriot missile combined with a 
kick stage rocket motor and LEAP. 
(d) EFFECTIVE DATE.—^The provisions of subsections (a), (b), 
and (c) shall be implemented not later thein 90 days after the 
date of the enactment of this Act. 
SEC. 232. STRATEGIC DEFENSE INITIATIVE FUNDING. 
(a) TOTAL AMOUNT.—Of the amounts appropriated pursuant 
to section 201 or otherwise made available to the Department 
of Defense for research, development, test, and evaluation for fiscal 
year 1993, not more than $3,039,800,000 may be obligated for 
the Strategic Defense Initiative. 
(b) SPECIFIC AMOUNTS FOR THE PROGRAM ELEMENTS.—Of the 
amount described in subsection (a)— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2355 
(1) not more than $2,039,800,000 shall be available for 
programs, projects, and activities within the Limited Defense 
System program element; 
(2) not more than $300,000,000 shall be available for 
programs, projects, and activities vdthin the Space-Based Inter-
ceptors program element; 
(3) not more than $300,000,000 shall be available for 
programs, projects, and activities within the Other Follow-
On Systems program element; and 
(4) not more than $400,000,000 shall be available for 
programs, projects, and activities within the Research and Sup-
port Activities program element. 
(d) CONSTRUCTION OF AUTHORITY IN RELATION TO USER OPER-
ATIONAL EVALUATION SYSTEM.—Nothing in this Act shall be con-
strued to authorize the exercise of any option to fabricate or field 
elements of a User Operational Evaluation System at the initial 
anti-ballistic missile defense site. 
SEC. 233. REPORTING REQUIREMENTS AND TRANSFER AUTHORmES 
FORTMDIANDSDL 
(a) REPORTING REQUIREMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the allocation of funds appropriated for the Theater Missile Defense 
Initiative and the Strategic Defense Initiative for fiscal year 1993. 
The report shall specify the amount of such fiinds allocated for 
each program, project, and activity of the Theater Missile Defense 
Initiative and the Strate|^c Defense Initiative and shall list each 
Strategic Defense Initiative program, project, and activity under 
the appropriate program element and list each Theater Missile 
Defense Initiative program, project, and activity. 
(b) TRANSFER AUTHORITIES.— 
(1) IN GENERAL.—Before the submission of the report 
required under subsection (a) and notwithstanding the limite-
tions set forth in sections 231(b) and 232(b) of uiis Act, the 
Secretory of Defense may transfer fimds among the Strategic 
Defense Initiative program elements named in section 232(b) 
of this Act and from such elements to the Theater Missile 
Defense Initiative. 
(2) LIMITATION.—^The total amoimt that may be transferred 
to or from any program element named in section 232(b)— 
(A) mav not exceed 10 percent of the amount provided 
in such subsection for the program element from which 
the transfer is made; and 
(B) may not result in an increase of more than 10 
percent of the amount provided in section 232(b) for the 
Strategic Defense Initiative program element to which the 
transfer is made and may not result in an increase of 
more than 10 percent of the amount provided in section 
231(b) for the Theater Missile Defense Initiative. 
(3) RESTRICTION.—^Transfer authority under paragraph (1) 
may not be used for a decrease in funds identified in section 
231(b) for the Theater Missile Defense Initiative. 
(4) 
MERGER AND AVAILABILITY.—Amounts transferred 
pursuant to paragraph (1) shall be merged with and be avail-
able for the same purposes as the amounte to which transferred. 
106 STAT. 2356 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 234. REVISION OF THE MISSILE DEFENSE ACT OF 1991. 
(a) MISSILE DEFENSE GOALS OF THE UNITED STATES.—Section 
232(a) of the Missile Defense Act of 1991 (part C of title II of 
1
0 use 2431 
Public Law 102-190; 105 Stat. 1321) is amended by striking out 
^°^- 
"(a)" and all that follows through the end of the paragraph (1) 
and inserting in lieu thereof the following: 
"(a) MISSILE DEFENSE GOALS OF THE UNITED STATES.—It is 
a goal of the United States t o ^ 
"(1) comply with the ABM Treaty, including any protocol 
or amendment thereto, and not develop, test, or deploy any 
ballistic missile defense system, or component thereof, in viola-
tion of the treaty, as modified by any protocol or amendment 
thereto, while deploying an anti-ballistic missile system that 
is capable of providing a highly effective defense of the United 
States against limited attacks of ballistic missiles;". 
(b) ELIMINATION OF THEATER MISSILE DEFENSE PROGRAM ELE-
1
0 use 2431 
M
E
N
T FROM SDL—(1) Section 235(a) of such Act (105 Stat. 1323) 
note. 
ig amended— 
(A) by striking out paragraph (2); and 
(B) by redesignating paragraphs (3), (4), and (5) as para-
graphs (2), (3), and (4), respectively. 
(2) Section 236 of such Act (105 Stat. 1323) is amended— 
(A) by striking out subsection (b); and 
(B) by redesignating subsections (c), (d), and (e) as sub-
sections, (b), (c), and (d), respectively. 
(c) IMPLEMENTATION OF GOAL.—Subsection (b) of section 233 
1
0 use 2431 
of such Act (105 Stat. 1322) is amended by striking out paragraphs 
note. 
(1) and (2) and inserting in lieu thereof the following: 
"(1) THEATER MISSILE DEFENSE SYSTEMS.—The Secretary 
of Defense shall develop advanced theater missile defense sys-
tems for deployment. 
"(2) INITIAL ABM DEPLOYMENT.—The Secretary shall develop 
for deployment a cost-effective, operationally effective, and ABM 
Treaty-compliant antiballistic missile system at a single site 
as the initial step toward deployment of an antiballistic missile 
system described in section 232(aXl) designed to protect the 
United States against limited ballistic missile threats, including 
accidental or unauthorized launches or Third World attacks. 
The system components to be developed shall include— 
"(A) 100 ground-based interceptors, the design of which 
is to be determined by competition and downselection for 
the most capable interceptor or interceptors; 
''(B) fixed, ground-based, antiballistic missile battle 
management radars; and 
"(C) optimiun utilization of space-based sensors, includ-
ing sensors capable of cueing ground-based antiballistic 
missile interceptors and providing initial targeting vectors, 
and other sensor systems that are not prohibited by the 
ABM Treaty, including specifically the Ground Surveillance 
and Tracking System. . 
(d) FOLLOW-ON TECHNOLOGY RESEARCH.—(1) Subsection (c) of 
1
0 use 2431 
section 234 of such Act (105 Stat. 1323) is amended to read as 
^°*e 
follows: 
"(c) TRANSFER OF MANAGEMENT RESPONSIBIUTY FOR RESEARCH 
A
N
D DEVELOPMENT OF FAR-TERM FOLLOW-ON TECHNOLOGIES.— 
"(1) TRANSFER REQUIRED.—AS the Strategic Defense Initia-
tive Organization (SDIO) transitions from a broadly based 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2357 
research organization to a focused acquisition agency, maintain-
ing responsibility for research and development of far-term 
follow-on technologies in that organization could distract 
management and result in funding shortfalls as the Strategic 
Defense Initiative Organization's priorities increasingly center 
on near-term deployment architectures. Accordingly, the Sec-
retary of Defense shall transfer management and budget 
responsibility for research and development of all far-term fol-
low-on technologies currently under tne Strategic Defense Ini-
tiative Organization to the Defense Advanced Research Projects 
Agency (DARPA) or the appropriate military department, 
unless the Secretary determines, and certifies to the congres-
sional defense committees, that transfer of a particular far-
term follow-on technology currently imder the Strategic Defense 
Initiative Organization would not be in the national security 
interests of the United States. 
"(2) DEFINITION.—For purposes of paragraph (1), the term 
'far-term follow-on technology* means a technology that is not 
likely to be incorporated into a weapon system within 10 to 
15 years after the date of the enactment of this Act.". 
(2XA) Not later than 90 days after the date of the enactment Reports. 
of this Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report identifying— 
(i) those programs, projects, and activities under the Other 
Follow-On Technologies program element for fiscal year 1993 
which the Secretary is transferring to a military department 
or the Defense Advanced Research Projects Agency; and 
(ii) those programs, projects, and activities under the Other 
Follow-On Technologies program element which the Secretary 
certifies are necessary m the national security interests of 
the United States to maintain under the Strategic Defense 
Initiative Organization. 
(B) For purposes of subparagraph (A), the term "programs, 
projects, and activities under the Other Follow-On Technologies 
program element for fiscal year 1993" means the programs, projects, 
and activities listed under the Other Follow-On Technologies pro-
gram element for fiscal year 1993 in the report submitted to the 
congressional defense committees on July 2, 1992 pursuant to sec-
tion 233(bX3) of the Missile Defense Act of 1991. 
(e) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OBJEC-
TIVES FOR SDI PROGRAM ELEMENTS.—Section 236 of such Act (105 
Stat. 1323) is amended— 
l^ U^^ ^^^^ 
(1) in subsection (a), by striking out "by fiscal year 1996" 
in the second sentence; and 
(2) in subsection (d), by inserting "and which the Secretary 
has determined are necessary in the national security interests 
of the United States to be maintained imder the Strategic 
Defense Initiative Organization" before the period at the end. 
(f) REVIEW OF FOLLOW-ON DEPLOYMENT OPTIONS.—Section 238 
of such Act (105 Stat. 1326) is amended by striking out "of fiscal lo use 2431 
year 1996" in the first sentence. 
SEC. 236. DEVELOPMENT AND TESTING OF ANTI-BALUSTIC MISSILE 
SYSTEMS OR COMPONENTS. 
(a) USE OF FUNDS.— 
(1) LIMITATION.—^Funds appropriated to the Department 
of Defense for fiscal year 1993, or otherwise made available 
note. 
note. 
106 STAT. 2358 
PUBLIC LAW 102-484—OCT. 23, 1992 
to the Department of Defense from any funds appropriated 
for fiscal year 1993 or for any fiscal year before 1993, may 
not be obligated or expended— 
(A) for any development or testing of anti-ballistic mis-
sile systems or components except for development eind 
testing consistent with the development and testing 
described in the July 1992 SDIO Report; or 
(B) for the acquisition of any material or equipment 
(including any long lead materials, components, piece parts, 
test equipment, or any modified space laimch vehicle) 
required or to be used for the development or testing of 
anti-ballistic missile systems or components, except for 
material or equipment required for development or testing 
consistent with the development and testing described in 
the July 1992 SDIO Report. 
(2) EXCEPTION.—The limitation \mder paragraph (1) shall 
not apply to funds transferred to or for the use of the Strategic 
Defense Initiative for fiscal year 1993 if the transfer is made 
in accordance with section 1001 of this Act. 
(b) DEFINITION.—In this section, the term **July 1992 SDIO 
Report" means the report entitled, "1992 Report to Congress on 
the Strategic Defense Initiative," prepared by the Strategic Defense 
Initiative Organization and submitted to certain committees of the 
Senate and House of Representatives by the Secretary of Defense 
pursuant to section 224 of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (PubUc Law 101-189; 103 
Stat. 1398; 10 U.S.C. 2431). 
SEC. 236. LIMITATION REGARDING SUPPORT SERVICES CONTRACTS 
OF THE STRATEGIC DEFENSE INITIATIVE ORGANIZATION. 
(a) LIMITATION.—Of the amounts that are appropriated to the 
Department of Defense for flsc£d year 1993 pursuant to the 
authorizations of appropriations contained in this Act and are made 
available for the Strategic Defense Initiative Organization, not more 
than $135,000,000 may be expended for the procurement of support 
services. 
(b) DEFINITION.—For purposes of subsection (a), the term "sup-
port services" means anv of the following: 
(1) Professional, administrative, and management support 
services. 
(2) Special studies and analyses. 
(3) Services contracted for under section 3109 of title 5, 
United States Code. 
Subtitle D—Other Matters 
SEC. 241. MEDICAL 
COUNTERMEASURES AGAINST BIOWARFARE 
THREATS. 
(a) FUNDING.—Of the amounts appropriated pursuant to section 
201 for fiscal year 1993, not more than $59,670,000 shall be avail-
able for the medical component of the Biological Defense Research 
Program (BDRP) of the Department of Defense. 
(b) LIMITATIONS.—(1) Fimds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1993 may 
be obligated and expended for product development, and for 
research, development, testing, and evaluation, of medical counter-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2359 
measures against biowarfare threat agents only in accordance with 
this section. 
(2) Of the funds made available pursuant to subsection (a), 
not more than $10,000,000 may be obligated or expended for 
research, development, test, or evaluation of medical coimter-
measures against far-term validated biowarfare threat agents. 
(3) Of Uie funds made available pursuant to subsection (a) 
other than funds made available pursuant to paragraph (2) for 
the purpose set out in that paragraph— 
(A) not more than 80 percent may be obligated and 
expended for product development, or for research, develop-
ment, test, or evaluation, of medical countermeasures against 
near-term validated biowarfare threat agents; and 
(B) not more than 20 percent may be obligated or expended 
for product development, or for research, development, test, 
or evaluation, of medical countermeasures against mid-term 
validated biowarfare threat agents. 
(c) DEFINITIONS.—In this section: 
(1) The term 'Validated biowarfare threat agent" means 
a biological agent that— 
(A) is named in the biological warfare threat list pub-
lished bjr the Defense Intelligence Agency; and 
(B) is identified as a biowarfare threat by the Deputy 
Chief of Staff of the Army for Intelligence in accordance 
with Army regulations applicable to mtelligence support 
for the medical component of the Biological Defense 
Research Program. 
(2) The term near-term validated biowarfare threat agent" 
means a validated biowarfare threat agent that has been, or 
is being, developed or produced for weaponization within 5 
years, as assessed and aetermined by the Defense Intelligence 
Agency. 
(3) The term "mid-term validated biowarfare threat agent" 
means a validated biowarfare threat agent that is an emerging 
biowarf£ire threat, is the object of research by a foreign threat 
coiuitry, and will be ready for weaponization in more than 
5 years and less than 10 years, as assessed and determined 
by the Defense Intelligence Agency. 
(4) The term "far-term validated biowarfare threat agent" 
means a validated biowarfare threat agent that is a future 
biowarfare threat, is the object of research by a foreign threat 
country, and could be ready for weaponization in more than 
10 years and less than 20 vears, as assessed and determined 
by the Defense Intelligence Agency. 
(5) The term "weaponization" metms incorporation into 
usable ordnance or other militarily useful means of delivery. 
SEC. 242. NATIONAL AERO-SPACE PLANE. 
(a) FUNDING LIMITATION.—^Notwithstanding any other provision 
of law, funds made available to the Department of Defense may 
not be obligated for the National Aero-Space Plane program for 
anv fiscal year in an amount greater than twice the amount pro-
vided for that program in the appropriations Act making appropria-
tions for that nsc^ year for the Department of Housing and Urban 
Development and for independent agencies. 
(b) EFFECTIVE DATE.—Subsection (a) applies with respect to 
fiscal years after fiscal year 1993. 
106 STAT. 2360 
PUBLIC LAW 102-484—OCT. 23, 1992 
15 u s e 4211 
SEC. 243. LANDSAT REMOTE-SENSING SATELLITE PROGRAM. 
Notwithstanding the provisions of the Land-Remote Sensing 
Conunercialization Act of 1984 (15 U.S.C. 4201 et seq.), the Sec-
retary of Defense is authorized to contract for the development 
and procurement of, and support for operations of, the Landsat 
vehicle designated as Landsat 7. 
TITLE in—OPERATION AND MAINTENANCE 
Subtitle A—Authorizations of Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance in amounts as follows: 
(1) For the Army, $13,901,912,000. 
(2) For the Navy, $19,532,996,000. 
(3) For the Marine Corps, $1,558,515,000. 
(4) For the Air Force, $16,592,857,000. 
(5) For the Defense Agencies, $9,266,879,000. 
(6) For the Army Reserve, $1,014,773,000. 
(7) For the Naval Reserve, $865,492,000. 
(8) For the Marine Corps Reserve, $75,171,000. 
(9) For the Air Force Reserve, $1,214,287,000. 
(10) For the Army National Guard, $2,238,013,000. 
(11) For the Air National Guard, $2,513,175,000. 
(12) For the National Board for the Promotion of Rifle 
Practice, $2,700,000. 
(13) For the Defense Inspector Gteneral, $125,200,000. 
(14) For Drug Interdiction and Counter-Drug Activities, 
Defense, $1,263,400,000. 
(15) For the Court of Military Appeals, $5,893,000. 
(16) 
For 
Environmental 
Restoration, 
Defense, 
$1,513,200,000. 
(17) For Humanitarian Assistance, $25,000,000. 
(18) For the Defense Health Program, $9,159,039,000. 
(19) For support for the 1996 Siunmer Ol3nnpics, 
$2,000,000. 
(20) For support for the 1993 World University Games, 
$6,000,000. 
(21) For support for the 1994 World Cup Games, 
$9,000,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
There is hereby authorized to be appropriated for fiscal year 
1993 for the use of the Armed Forces ana other activities and 
agencies of the Department of Defense for providing capital for 
the Defense Business Operations Fund, $1,145,000,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
1993 from the Armed Forces Retirement Home Trust Fimd the 
sum of $62,728,000 for the operation of the .^rmed Forces Retire-
ment Home, including the United States Soldiers' and Airmen's 
Home and the Naval Home. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2361 
SEC. 304. HUMANITARIAN ASSISTANCE. 
(a) PURPOSE.—(1) Funds appropriated pursuant to the 
authorization in section 301(17) shall be available for the purposes 
of section 2551 of title 10, United States Code, as added by sub-
section (c), including the transportation of humanitarian relief for 
the people of Afghanistan and Cambodia. 
(2) Of the funds authorized to be appropriated for fiscal year 
1993 pursuant to section 301(17) for such purpose, not more man 
$3,000,000 shall be available for distribution of humanitarian relief 
supplies to displaced persons or refugees who are noncombatants, 
including those affiliated with the Cambodian non-Communist 
resistance, at or near the border between Thailand and Cambodia. 
(b) AUTHORITY TO TRANSFER FUNDS.—The Secretary of Defense 
may transfer, pursuant to section 2551(b) of such title, not more 
than $3,000,000 of the funds referred to in subsection (aXl). 
(c) CODIFICATION OF AUTHORITY AND ADMINISTRATIVE PROVI-
SIONS.—(1) Subchapter II of chapter 152 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*
*
§ 2551. Humanitarian assistance 
"(a) AUTHORIZED ASSISTANCE.—TO the extent provided in 
defense authorization Acts, funds authorized to be appropriated 
to the Department of Defense for a fiscal year for humanitarian 
assistance shall be used for the purpose of providing transportation 
of humanitarian relief and for other humaniterian purposes 
worldvade. 
"(b) AUTHORITY TO TRANSFER FUNDS.—TO the extent provided 
in defense authorization Acts for a fiscal year, the Secretary of 
Defense may transfer to the Secretary of State fimds appropriated 
for the purposes of this section to provide for— 
"(1) the payment of administrative costs incurred in provid-
ing the transportation described in subsection (a); and 
"(2) the purchase or other acquisition of transportation 
assets for the distribution of humanitarian relief suppUes in 
the country of destination. 
"(c) TRANSPORTATION OF HUMANITARIAN RELIEF.—(1) Transpor-
tation of humanitarian relief provided with funds appropriated^ for 
the purposes of this section shall be provided imder the direction 
of the Secretary of State. 
"(2) Such transportation shall be provided by the most 
economical commercial or military means available, unless the Sec-
retary of State determines that it is in the national interest of 
the United States to provide such transportation other than by 
the most economical means available. The means used to provide 
such transportation may include the use of aircraft and personnel 
of the reserve components of the Armed Forces. 
"(3) Nothing in this subsection shall be construed as waiving 
the requirements of section 2631 of this title and sections 901(b) 
and 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b) 
and 12410. 
"(d) AVAILABILITY OF FUNDS.—TO the extent provided in appro-
priation Acts, funds appropriated for humanitarian assistance for 
the purposes of this section shall remain available imtil expended. 
"(e) STATUS REPORTS.—(1) The Secretary of Defense shall sub-
mit (at the times specified in paragraph (2)) to the Committees 
on Armed Services and Foreign Relations of the Senate and the 
Committees on Armed Services and Foreign Affairs of the House 
106 STAT. 2362 
PUBLIC LAW 102-484—OCT. 23, 1992 
of Representatives a report on the provision of humanitarian assist-
ance pursuant to this section. 
'i2XA) Whenever there is enacted a defense authorization Act 
that contains an authorization of appropriations for humanitarian 
assistance, a report referred to in paragraph (1) shall be submitted 
as provided in that paragraph not later than 60 days after the 
date of the enactment of that Act. 
*\B) In addition to reports submitted as provided in subpara-
E
aph (A), a report shall be submitted under paragraph (1) not 
ter than June 1 of each year. 
**(3) Each report required by paragraph (1) shall cover all provi-
sions of law, contained in defense authorization Acts, that authorize 
appropriations for humemitarian assistance to be available for the 
purposes of this section. A report submitted after the obligation 
of all amounts appropriated pursuant to such a provision of law 
shall not cover that provision of law. 
"(4) Subject to paragraph (3), a report required by paragraph 
(1) shall contain (as of the date on which the report is submitted) 
the following information: 
"(A) The total amount of funds obligated for humanitarian 
relief under this section. 
"(B) The number of scheduled and completed flights for 
purposes of providing humanitarian relief under this section. 
"(C) A description of any transfer of excess nonlethal sui>-
plies of the Department of Defense made available for humani-
tarian relief purposes under section 2547 of this title, llie 
description shall include the date of the transfer, to whom 
the transfer is made, the quantity of items transferred, the 
acquisition value of the items transferred, and the value of 
the items at the time of the transfer. 
"(0 REPORT REGARDING RELIEF FOR UNAUTHORIZED COUN-
TRIES.—^In any case in which the Secretary of Defense provides 
for the transportation of humanitarian relief to a country to which 
the transportation of humanitarian relief has not been specifically 
authorized by law, the Secretaiy shall notify the Committees on 
Appropriations and on Armed Services of the Senate and House 
of Representatives, the Committee on Foreign Relations of tiie 
Senate, and the Committee on Foreign Affairs of the House of 
Representatives of the Secretaiys intention to provide sudi 
transportation. The notification shall be submitted not less than 
15 davs before the commencement of such transportation. 
"(g) DEFINITION.—In this section, the term 'defense authoriza-
tion Act' means an Act that authorizes appropriations for one or 
more fiscal years for military activities of the Department of 
Defense, including authorizations of appropriations for the activities 
described in paragraph (7) of section 114(a) of this titie.". 
(2) The table of sections at the beginning of such subchapter 
is amended by adding at the end the following new item: 
12651. Humanitarian assistance.". 
10 use 2551 
(d) LAWS COVERED BY INITIAL REPORTS.—^For purposes of sub-
^°^- 
section (e) of section 2551 of title 10, United States CCKIO, as added 
by subsection (c), section 304 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 
Stat. 1333), and the humanitarian relief laws referred to in sub-
section (fX4) of section 304 of that Act (as in effect on the day 
before the date of the enactment of this Act) shall be considered 
as provisions of law that authorized appropriations for humani-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2363 
tarian assistance to be available for the purposes of section 2551 
of title 10, United States Code. 
(e) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.—Section 
304 of tlie National Defense Authorization Act for Fiscal Years 
1992 and 1993 (Public Law 102-190; 105 Stat. 1333) is amended 
by striking out subsection (f). 
SEC. 
306. 
SUPPORT 
FOR 
THE 
1
9
9
4 
WORLD 
CUP 
GAMEa 
(a) AUTHORITY TO PROVIDE SUPPORT.—The Secretary of Defense 
may provide logistical support and personnel services in connection 
witn the 1994 World Cup Games to be held in the United States. 
(b) PAY AND NONTRAVEL-RELATED ALLOWANCES.—(1) Except 
as provided in paragraph (2), the costs for pay and nontravel-
related allowances of members of the Armed Forces for the support 
and services referred to in subsection (a) majr not be chained 
to appropriations made pursuant to the authorization in section 
301(21). 
(2) Paragraph (1) does not apply in the case of members of 
a reserve component called or ordered to active duty to provide 
logistical support and personnel services for the 1994 World Cup 
Games. 
SEC. 306. TRANSFER AUTHORITY. 
(a) AUTHORITY.—^The Secretary of Defense, to the extent pro-
vided in appropriations Acts, may transfer fimds as provided in 
this section during fiscal year 1993. 
(b) FROM THE DEFENSE BUSINESS OPERATIONS FUND.—(1) Not 
more than $3,054,000,000 may be transferred from the Defense 
Business Operations Fund to appropriations for operations and 
maintenance for fiscal year 1993 in amoimts as follows: 
(A) For the Army, $2,229,000,000. 
(B) For the Navy, $94,500,000. 
(C) For the Marine Corps, $58,500,000. 
(D) For the Air Force, $672,000,000. 
(2XA) A transfer under this subsection may be made only 
to the extent that the military department concerned has received 
credit on the books of the Defense Business Operations Fund for 
unneeded secondary items returned to the Fund by that military 
department. 
(B) If the Secretary of Defense certifies to the congressional 
defense committees that a military department has, to the ^eatest 
extent practicable, returned for credit on the books of the Defense 
Business Operations Fund all secondary items not needed by such 
military department that were under uie control of such military 
department on October 1, 1992, then on and after the date of 
the certification the limitation in subparagraph (A) shall not apply 
to transfers to that military department. 
(c) FROM THE NATIONAL DEFENSE STOCKPILE TRANSACTION 
FUND.—^Not more than $400,000,000 m ^ be transferred from the 
National Defense Stockpile Transaction Fund to appropriations for 
operation and maintenance for fiscal year 1993 m amounts as 
follows: 
(1) For the Army, $100,000,000. 
(2) For the Navy, $100,000,000. 
(3) For the Air Force, $100,000,000. 
(4) For the Defense Agencies, $100,000,000. 
(d) TREATMENT OF TRANSFERS.—Amounts transferred under 
this section— 
106 STAT. 2364 
PUBLIC LAW 102-484—OCT. 23, 1992 
(1) shall be merged with and be available for the same 
purposes and the same period as the amounts in the accounts 
to which transferred; 
(2) shall be deemed to increase the amount authorized 
to be appropriated for the account to which the amount is 
transferred by an amoimt equal to the amount trcuisferred; 
and 
(3) may not be expended for an item that has been denied 
authorization of appropriations by Congress. 
(e) 
RELATIONSHIP TO 
OTHER 
TRANSFER AUTHORITY.—An 
increase imder subsection (dX2) in an amount authorized to be 
appropriated is in addition to an increase in that amount that 
results from a transfer of an authorization of appropriations pursu-
ant to section 1001. 
Subtitle B—^Limitations 
SEC. 311. PROHIBITION ON THE USE OF CERTAIN FUNDS FOR PENTA-
GON RESERVATION. 
(a) PROHIBITION.-^!) Except as provided in paragraph (3), none 
of the funds appropriated to the Department of Defense for fiscal 
year 1993 may be used to contribute to the Pentagon Reservation 
Msdntenance Revolving Fimd for any purpose other than for the 
actual and necessary day-to-day operation of the Pentagon Reserva-
tion, including compl3dng with nealth and safety requirements. 
(2) None of the funds appropriated pursuant to autnorizations 
provided in this Act or any other Act may be transferred to the 
Pentagon Reservation Maintenance Revolving Fund for the purpose 
of renovation. 
(3) Funds appropriated to the Department of Defense for fiscal 
year 1993 may be used for replacement of the central heating 
and cooling plant located on the Pentagon Reservation. 
(b) REPORT.—Not later than April 15, 1993, the Secretary of 
Defense shall submit to the congressional defense committees a 
report setting forth a revised renovation program for the Pentagon 
Reservation. Such program shall— 
(1) provide justification for the scope and timing of any 
renovation of the Pentagon Reservation based upon— 
(A) the long-term administrative space requirements 
of the Department of Defense in the National Capital 
Region; 
(B) requirements directly concerned with health and 
Bafety; and 
(C) the most cost-efiective options to meet the require-
ments described in subparagraphs (A) and (B); 
(2) specifically address the need and economic justification 
for any expansion of the Pentagon; 
(3) address the practicality and cost of any renovation 
of the Pentagon Reservation without relocating significant num-
bers of employees; and 
(4) update the 1988 National Capital Region Master Devel-
opment Plan of the Department of Defense, providing justifica-
tion for the current and future need for defense activities in 
the National Capital Region and outlining options to meet 
the facility needs of the Department of Defense based upon 
the force structure and personnel strengths planned for fiscal 
years 1994 through 1998. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2365 
(c) DEFINITIONS.—In this section, the terms "National Capital 
Region" and "Pentagon Reservation" have the meaning given those 
terms, respectively, in section 2674(f) of title 10, United States 
Code. 
SEC. 312. PROHIBrnON ON THE USE OF FUNDS FOR CERTAIN SERV-
ICE CONTRACTS. 
(a) PROHIBITION.—Except as provided in subsection (b), the 
Secretary of Defense may not, during the period beginning on 
the date of the enactment of this Act and ending on September 
30, 1993, enter into any contract for the performance of a commer-
cial activity in any case in which the contract results from a 
cost comparison study conducted by the Department of Defense 
under Office of Management and Budget Circular A-76 or any 
successor administrative regulation or policy. 
(b) EXCEPTIONS FOR CERTAIN CONTRACTS.—Subsection (a) shall 
not apply to— 
(1) a contract to be carried out at a location outside the 
United States at which members of the Armed Forces would 
have to be used for the performance of an activity described 
in subsection (a) at the expense of unit readiness; or 
(2) a contract (or the renewal of a contract) for the perform-
ance of an activity under contract on September 30, 1992. 
Subtitle C—^Environmental Provisions 
SEC. 321. EXTENSION OF REIMBURSEMENT REQUIREMENT FOR CON-
TRACTORS 
HANDLING 
HAZARDOUS 
WASTES 
FROM 
DEFENSE FACILmES. 
Section 2708(bXl) of title 10, United States Code, is amended 
by striking out "fiscal year 1992" and inserting in lieu thereof 
"fiscal years 1992 and 1993". 
SEC. 322. EXTENSION OF PROHmiTION ON USE OF ENVIRONMENTAL 
RESTORATION FUNDS FOR PAYMENT OF FINES AND PEN-
ALTIES. 
None of the funds appropriated for fiscal year 1993 for the 
Environmental Restoration, Defense, account pursuant to the 
authorization of appropriations provided in section 301(16) may 
be used for the payment of a fine or penalty imposed against 
the Department of Defense unless the act or omission for which 
the fine or penalty is imposed arises out of activities funded by 
the account. 
SEC. 323. PILOT 
PROGRAM 
FOR 
EXPEDITED 
ENVIRONMENTAL 10 USC 2701 
RESPONSE ACTIONS. 
note. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a pilot program to expedite the performance of on-site environ-
mental restoration at— 
(1) military installations scheduled for closure under title 
II of the Defense Authorization Amendments and Base Closure 
and Realignment Act (Pubhc Law 100-526; 10 U.S.C. 2687 
note); 
(2) military installations scheduled for closure under the 
Defense Base Closure and Realignment Act of 1990 (part A 
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); 
and 
106 STAT. 2366 
PUBLIC LAW 102-484—OCT. 23, 1992 
(3) facilities for which the Secretary is responsible under 
the Defense Environmental Restoration Program established 
under section 2701 of title 10, United States Code. 
(b) 
SELECTION OF INSTALLATIONS AND FACILITIES.—(1) 
For 
participation in the pilot program, the Secretary shall select— 
(A) 2 military installations referred to in subsection (aXl); 
(B) 4 military installations referred to in subsection (a)(2), 
consisting of— 
(i) 2 military installations scheduled for closure as 
of the date of the enactment of this Act; and 
(ii) 2 military installations included in the list 
transmitted by the Secretary no later than April 15, 1993, 
pursuant to section 2903(cXl) of the Defense Base Closure 
and ReaHgnment Act of 1990 (10 U.S.C. 2687 note) and 
recommended in a report transmitted by the President 
in that year pursuant to section 2903(e) of such Act and 
for which a jomt resolution disapproving such recommenda-
tions is not enacted by the deadline set forth in section 
2904(b) of such Act; and 
(C) not less than 4 facilities referred to in subsection (a)(3) 
with respect to each military department. 
(2XA) Except as provided in subparagraph (B), the selections 
under paragrapn (1) shall be made not later than 60 days after 
the date of the enactment of this Act. 
(B) The selections under paragraph (1) of military installations 
described in subparagraph (BXii) of such paragraph shall be made 
not later than 60 days after the date on which the deadline (set 
forth in section 2904{D) of such Act) for enacting a joint resolution 
of disapproval with respect to the report transmitted by the Presi-
dent has passed. 
(3) The installations and facilities selected under paragraph 
(1) shall be representative of— 
(A) a variety of the environmental restoration activities 
required for facilities imder the Defense Environmental Res-
toration Program and for military installations scheduled for 
closure under the Defense Authorization Amendments and Base 
Closure and Realignment Act (10 U.S.C. 2687 note) and the 
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
2687 note); and 
(B) the different sizes of such environmental restoration 
activities to provide, to the m£iximum extent practicable, 
opportunities for the full range of business sizes to enter into 
environmental restoration contracts with the Department of 
Defense and with prime contractors to perform activities under 
the pilot program. 
(c) EXECUTION OF PROGRAM.—Subject to subsection (d), and 
to the maximum extent possible, the Secretary shall, in order to 
eliminate redundant tasks and to accelerate environmental restora-
tion at military installations, use the authorities granted in existing 
law to carry out the pilot program, including— 
(1) the development and use of innovative contracting tech-
niques; 
(2) the use of all reasonable and appropriate methods to 
expedite necessary Federal and State administrative decisions, 
agreements, and concurrences; and 
(3) the use (including any necessary request for the use) 
of existing authorities to ensure that environmental restoration 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2367 
activities under the pilot program are conducted expeditiously, 
with particular emphasis on activities that may be conducted 
in advance of any final plan for environmental restoration. 
(d) PROGRAM PRINCIPLES.—The Secretary shall carry out the 
pilot program consistent with the following principles: 
(1) Activities of the pilot program shall be carried out 
subject to and in accordance with all applicable Federal and 
State laws and regulations. 
(2) Competitive procedures shall be used to select the con-
tractors. 
(3) The experience and ability of the contractors shall be 
considered, in addition to cost, as a factor to be evaluated 
in the selection of the contractors. 
(e) PROGRAM RESTRICTIONS.—The pilot program established in 
this section shall not result in the delay of environmental restora-
tion activities at other military installations and former sites of 
the Department of Defense. 
SEC. 324. OVERSEAS ENVIRONMENTAL RESTORATION. 
10 USC 2701 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that 
in carrying out environmental restoration activities at military 
installations outside the United States, the President should seek 
to obtain an equitable division of the costs of environmental restora-
tion with the nation in which the installation is located. 
(b) REPORT.—^The Secretary of Defense shall include in each 
Report on Allied Contributions to the Common Defense prepared 
imder section 1003 of Public Law 98-525 (22 U.S.C. 1928) informa-
tion, in classified and unclassified form, describing the efforts under-
taken and the progress made by the President in canying out 
subsection (a) during the period covered by the report. 
SEC. 325. EVALUATION OF USE OF OZONE-DEPLETING SUBSTANCES 10 USC 2701 
BY THE DEPARTMENT OF DEFENSE. 
note. 
(a) EVALUATION OF USE OF CLASS I SUBSTANCES.—The Director 
of the Defense Logistics Agency shall evaluate the use of class 
I substances by the military departments and Defense Agencies. 
In carrying out the evaluation, the Director shall— 
(1) determine the quantity of each class I substance that— 
(A) is held in the inventory of each military department 
and Defense Agency on December 31,1992; 
(B) will be used by each military department and 
Defense Agency during 1992; and 
(C) will be used by each military department and 
Defense Agency in each of 1993,1994, and 1995; 
(2) determine the quantity of each class I substance in 
the inventory of the military departments and Defense Agencies 
in each of 1993, 1994, and 1995 that can be reclaimed or 
recycled and reused by the military departments and Defense 
Agencies; 
(3) determine the type and quantity of class I substances 
whose use will be critical to the missions of the military depart-
ments and Defense Agencies after 1995; 
(4) determine the type and quantity of class I substances 
that must be stockpiled after 1995 in order to ensure the 
availability of such substances, including the availability of 
used, reclaimed, or recvcled class I substances for the missions 
referred to in paragrapn (3); 
106 STAT. 2368 
PUBLIC LAW 102-484—OCT. 23, 1992 
(5) review the plans, if any, to reclaim, recycle, reuse, 
and maintain the stockpile referred to in pars^aph (4); and 
(6) identify each specific site, facility, or vessel in connection 
with wMch the Secretary of Defense will seek an exemption 
pursuant to section 604(f) of the Clean Air Act (42 U.S.C. 
7671c(f)) to permit the continued production or use of class 
I substances, and the type and quantity of each class I sub-
stance that will be produced or used in connection with the 
site, facility, or vessel. 
(b) EVALUATION OF USE OF CLASS II SUBSTANCES.—The Director 
of the Defense Logistics Agency shall evaluate the use of class 
II substances by the militaiy departments and Defense Agencies. 
In carrying out tiie evaluation, the Director shall— 
(1) determine the quantity of each class II substance that— 
(A) is held in uie inventory of each militcuy department 
and Defense Agency on December 31,1992; 
(B) will be used by each military department and 
Defense Agency during 1992; and 
(C) will be used by each military department and 
Defense Agency in each of 1993, 1994, and 1995; and 
(2) determine the quantity of each class II substance in 
the inventory of the military departments and Defense Agencies 
in each of 1993, 1994, and 1995 that can be reclaimed or 
recycled and reused by the military departments and Defense 
Agencies. 
(c) REPORT.—(1) The Director of the Defense Logistics Agency 
shall submit to the congressioned defense committees a report on 
the status of the evaluation required under subsection (a) not later 
than April 1,1993. 
(2) The Director of the Defense Logistics Agency shall submit 
to the congressional defense committees a report on the status 
of the evaluation required imder subsection (b) not later than 
October 1,1993. 
(d) DEFINITIONS.—In this section: 
(1) The term "class I substance" means any substance 
Usted under section 602(a) of the Clean Air Act (42 U.S.C. 
7671a(a)). 
(2) The term "class II substance" means any substance 
listed under section 602(b) of the Clean Air Act (42 U.S.C. 
7671a(b)). 
10 use 2301 
SEC. 326. ELIMINATION OF USE OF CLASS I OZONE-DEPLETING SUB-
note. 
STANCES IN CERTAIN MILITARY PROCUREMENT CON-
TRACTS. 
(a) ELIMINATION OF USE OP CLASS I OZONE-DEPLETING SUB-
STANCES.—(1) No Department of Defense contract awarded after 
June 1, 1993, may include a specification or standard that requires 
the use of a class I ozone-depleting substance or that can be met 
only through the use of such a substance unless the inclusion 
of the specification or standard in the contract is approved by 
the senior acquisition ofiicial for the procurement covered by the 
contract. The senior acquisition official may grant the approved 
only if the senior acquisition official determines (based upon the 
certification of an appropriate technical representative of the offi-
cial) that a suitable substitute for the class I ozone-depleting sub-
stance is not currently available. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2369 
(2)(AXi) Not later than 60 days after the completion of the 
first modification, amendment, or extension afl«r June 1, 1993, 
of a contract referred to in clause (ii), the senior acquisition official 
(or the designee of that official) shall carry out an evaluation 
of the contract in order to determine— 
(I) whether the contract includes a specification or standard 
that requires the use of a class I ozone-depleting substance 
or can be met only through the use of such a substance; and 
(II) in the event of a determination that the contract 
includes such a specification or standard, whether the contract 
can be carried out through the use of an economically feasible 
substitute for the ozone-depleting substance or through the 
use of an economically feasible alternative technology for a 
technology involving the use of the ozone-depleting substance, 
(ii) A contract referred to in clause (i) is any contract in an 
amount in excess of $10,000,000 that— 
(I) was awarded before June 1, 1993; and 
(II) as a result of the modification, amendment, or extension 
described in clause (i), will expire more than 1 year after 
the effective date of the modification, amendment, or extension, 
(iii) A contract under evaluation under clause (i) may not be 
further modified, amended, or extended until the evaluation 
described in that clause is complete. 
(B) If the acquisition official (or designee) determines that 
an economically feasible substitute substance or alternative tech-
nology is available for use in a contract under evaluation, the 
appropriate contracting officer shall enter into negotiations to mod-
ify the contract to require the use of the substitute substance 
or alternative technology. 
(C) A determination that a substitute substance or technology 
is not available for use in a contract under evaluation shall be 
made in writing by the senior acquisition official (or designee). 
(D) The Secretary of Defense may, consistent with the Federal 
Acquisition Regulation, adjust the price of a contract modified under 
subparagraph (B) to take into account the use by the contractor 
of a substitute substance or alternative technology in the modified 
contract. 
(3) The senior acquisition official authorized to grant an Regulations. 
approval under paragraph (1) and the senior acquisition official 
and designees authorized to carry out an evaluation and make 
a determination under paragraph (2) shall be determined under 
regulations prescribed by the Secretary of Defense. A senior acquisi-
tion official may not delegate the authority provided in paragraph 
(1). 
(4) Each official who grants an approval authorized under para- Reports. 
graph (1) or makes a determination under paragraph (2)(B) shall 
submit to the Secretary of Defense a report on that approval or 
determination, as the case may be, as follows: 
(A) Beginning on October 1, 1993, and continuing for 8 
calendar quarters thereafter, by submitting a report on the 
approvals granted or determinations made under such authority 
during the preceding quarter not later than 30 days aft«r 
the end of such quarter. 
(B) Beginning on January 1, 1997, and continuing for 4 
years thereafter, by submitting a report on the approvals 
granted or determinations made under such authority during 
106 STAT. 2370 
PUBLIC LAW 102-484—OCT. 23, 1992 
the preceding year not later than 30 days after the end of 
suchvear. 
(5) The Secretary shall promptly transmit to the Committees 
on Armed Services of the Senate and House of Representatives 
each submitted to the Secretary imder paragraph (4). The Secretary 
shall transmit the report in classified and unclassified forms. 
(b) COST RECOVERY.—In any case in which a Department of 
Defense contract is modified or a specification or standard for 
such a contract is waived at the request of a contractor in order 
to permit the contractor to use in the performance of the contract 
a substitute for a class I ozone-depleting substance or an alternative 
technology for a technology involving the use of a class I ozone-
depleting substance, the Secretary of Defense may adjust the price 
of the contract in a manner consistent with the Federal Acquisition 
Regulation. 
(c) DEFINITIONS.—In this section: 
(1) The term "class I ozone-depleting substance" means 
any substance listed under section 602(a) of the Clean Air 
Act(42U.S.C. 7671a(a)). 
(2) The term "Federal Acquisition Regulation" means the 
single Government-wide procurement regulation issued under 
section 25(c) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 421(c)). 
SEC. 
327. 
PROHmrnON 
ON 
THE 
PURCHASE: 
OF 
SURETY 
BONDS 
AND 
OTHER 
GUARANTIES 
FOR 
THE 
DEPARTMENT 
OF 
DEFENSE. 
(a) PROHIBITION.—^No funds appropriated or otherwise made 
available to the Department of Defense for fiscal year 1993 may 
be obligated or expended for the purchase of surety bonds or other 
guaranties of financial responsibility in order to guarantee the 
performance of any direct function of the Department of Defense. 
(b) TECHNICAL AMENDMENT.—Section 335 of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public 
Law 102-190; 105 Stat. 1342) is amended by striking out "or 
fiscal year 1993". 
SEC. 328. LEGACY RESOURCE MANAGEMENT FELLOWSHIP PROGRAM. 
(a) ESTABUSHMENT.—There is established the Legacy Fellow-
ship Program in Natural and Cultured Resource Management (in 
this section referred to as the "Legacy Fellowship Program"). Tlie 
Legacy Fellowship Program is a part of the Legacy Resource 
Management IVogram established pursuant to section 8120 of the 
Department of Defense Appropriations Act, 1991 (Public Law 101-
511; 104 Stat. 1905). 
(b) PURPOSES.—^The purposes of the Legacy Fellowship Program 
are as follows: 
(1) To support the purposes of the Legacy Resource 
Management Program set fortti in section 8120(D) of such Act. 
(2) To provide training to civilian personnel and military 
personnel in the management of natural and cultural resources. 
(c) FELLOWS.—(1) The Legacy Fellowship Program shall be 
composed of not less than 3 fellows who shall be appointed by 
the Deputy Assistant Secretary of Defense for Environment. Such 
fellows shall be appointed from among qiialified persons in the 
military and civilian sectors. 
(2)(A) Each fellow who is an officer or employee of the United 
States shall serve without compensation in addition to that received 
for tiie services as an ofiicer or employee of the United States. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2371 
Any such service shall be without interruption or loss of civil 
service status or privilege. 
(B) The Deputy ^sistant Secretary of Defense shall fix (in 
an amount the Deputy Assistant Secretary determines appropriate) 
the compensation of the fellows, if any, who are not officers or 
employees of the United States. Such fellows shall not be considered 
employees of the Federal Government other than for purposes of 
chapter 81 of title 5, United States Code. 
(3) Fellows shall serve for a term of one year and may be 
reappointed for an additional term of one year. 
(4) The Deputy Assistant Secretary of Defense shall assign 
the fellows to an agency, office, or other entity (other than the 
Office of the Deputy Assistant Secretary of Defense for Environ-
ment) that is responsible for the implementation of the Legacy 
Resource Management Program in uie Department of Defense. 
Upon assignment, the fellow shall assist the agency, office, or 
entity in carrying out the purposes of the Legacy Resource Manage-
ment Program. 
(d) FUNDING.—Of the funds authorized to be appropriated in 
fiscal year 1993 for the Department of Defense and made available 
for the Legacy Resource Management Program, $100,000 may be 
used for the Legacy Fellowship Ingram. Such funds shall be avail-
able for obligation without fiscal year limitation. 
SEC. 329. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR 
FISCAL YEAR 1992. 
In addition to the amoimts otherwise authorized to be appro-
priated for 
fiscal 
years 1992 and 1993 in this Act there is authorized 
to be appropriated for such 
fiscal 
years— 
(1) for Environmental Restoration, Defense, the total 
amount of $447,500,000; and 
(2) for the Deptutment of Defense Base Closure Account 
1990 the total amount of $35,000,000. 
SEC. 330. INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE 10 USC 2687 
PROPERTY. 
note. 
(a) IN GENERAL.—(1) Except as provided in paragraph (3) and 
subject to subsection (b), the Secretary of Defense sh^l hold harm-
less, defend, and indemnify in full the persons and entities described 
in paragraph (2) from and against any suit, claim, demand or 
action, Bability, judgment, cost or other fee arising out of any 
claim for personal ii^ury or property damage (including death, 
illness, or loss of or damage to property or economic loss) that 
results from, or is in any manner premcated upon, the release 
or threatened release of any hazardous substance or pollutant or 
contaminant as a result of Department of Defense activities at 
any military installation (or portion thereof) that is closed pursuant 
to a base closure law. 
(2) The persons and entities described in this paragraph are 
the following: 
(A) Any State (including any officer, agent, or employee 
of the State) that acquires ownership or control of any facility 
at a miUtaiy installation (or any portion thereof) describea 
in paragraph (1). 
(B) Any political subdivision of a State (including any offi-
cer, agent, or employee of the State) that acquires such owner-
ship or control. 
59-194 O—93 
19:QL3(Pt. 3) 
106 STAT. 2372 
PUBLIC LAW 102-484—OCT. 23, 1992 
(C) Any other person or entity that acquires such ownership 
or control. 
(D) Any successor, assignee, transferee, lender, or lessee 
of a person or entity described in subparagraphs (A) throiigh 
(C). 
(3) To the extent the persons and entities described in para-
graph (2) contributed to any such release or threatened release, 
paragraph (1) shall not apply. 
(b) CONDITIONS.—No indemnification may be afforded under 
this section unless the person or entity making a claim for 
indemnification— 
(1) notifies the Department of Defense in writing within 
two years after such claim accrues or begins action within 
six months after the date of maiUng, by certified or registered 
mail, of notice of final denial of the claim by the Department 
of Defense; 
(2) furnishes to the Department of Defense copies of perti-
nent papers the entity receives; 
(3) furnishes evidence or proof of any claim, loss, or damage 
covered by this section; and 
(4) provides, upon request by the Department of Defense, 
access to the records and personnel of the entity for purposes 
of defending or settling the claim or action. 
(c) AUTHORITY OF SECRETARY OF DEFENSE.—(1) In any case 
in which the Secretary of Defense determines that the Department 
of Defense may be required to make indemnification pajrments 
to a person under this section for any suit, claim, demand or 
action, liability, judgment, cost or other fee arising out of any 
claim for personal injury or property damage referred to in sub-
section (aXl)> the Secretary may settle or defend, on behalf of 
that person, the claim for personal injury or property damage. 
(2) In any case described in paragraph (1), if the person to 
whom the Department of Defense may be required to make indem-
nification payments does not allow the Secretary to settle or defend 
the claim, the person may not be afforded indemnification with 
respect to that claim imder this section. 
(d) ACCRUAL OF ACTION.—^For purposes of subsection (bXD, 
the date on which a claim accrues is the date on which the plaintiff 
knew (or reasonably should have known) that the personal injury 
or property damage referred to in subsection (a) was caused or 
contributed to by the release or threatened release of a hazardous 
substance or pollutant or contaminant as a result of Department 
of Defense activities at any military installation (or portion thereof) 
described in subsection (aXD. 
(e) RELATIONSHIP TO OTHER LAW.—Nothing in this section shall 
be construed as affecting or modifying in any way section 120(h) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)). 
(D DEFINITIONS.—In this section: 
(1) The terms "facility", "hazardous substance", "release", 
and "pollutant or contaminant" have the meanings given such 
terms under paragraphs (9), (14), (22), and (33) of section 
101 of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, respectively (42 U.S.C. 9601 
(9), (14), (22), and (33)). 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2373 
(2) The term "military installation" has the meaning given 
such term under section 2687(eXl) of title 10, United IStates 
Code. 
(3) The term "base closure law" means the following: 
(A) The Defense Base Closure and Realignment Act 
of 1990 (10 U.S.C. 2687 note). 
(B) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (10 U.S.C. 2687 
note). 
(C) Section 2687 of title 10, United States Code. 
(D) Any provision of law authorizing the closure or 
realignment of a military installation enacted on or after 
the date of the enactment of this Act. 
SEC. 331. EXTENSION OF AUTHORITY TO ISSUE SURETY BONDS FOR 
CERTAIN ENVIRONMENTAL PROGRAMS. 
(a) CERCLA—(1) Section 119 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9619) is amended— 
(A) in subsection (eX2XC), by striking out "January 1, 
1993" and inserting in lieu thereof "January 1, 1996,"; and 
(B) in subsection (gX5), by striking out "December 31, 
1992" and inserting in Heu thereof "December 31,1995". 
(2) Subsection (g)(1) of such section is amended— 
(A) by striking out "the Miller Act, 40 U.S.C. sections 
270a-270f," and inserting in lieu thereof "the Act of August 
24, 1935 (40 U.S.C. 270a-270d), commonly referred to as the 
*MillerAct',"; 
(B) by inserting after "response action contract" the follow-
ing: "ana are not waived pursuant to the Act of April 29, 
1941 (40 U.S.C. 270e-270£)"; and 
(C) by striking out "in accordance with 40 U.S.C. sections 
270a-270d." and inserting in lieu thereof "in accordance with 
such Act of 
August 24,1935.". 
(b) TITLE 10.—(1) Section 27010') of title 10, United States 
Code, is amended by striking out "December 31,1992" and inserting 
in lieu thereof "December 31,1995". 
(2) Such section is further amended— 
(A) by inserting "(1)" after "APPLICABIUTY.—"; and 
(B) by adding at the end the following new paragraph: 
"(2) Subsections (h) and (i) shall not apply to bonds to which 
section 119(g) of the Comprehensive Environmental Response, Com-
pensation, and LiabiHty Act of 1980 applies (42 U.S.C. 9619(g)).". 
SEC. 332. REPORT 
ON 
INDEMNIFICATION 
OF 
CONTRACTORS 
PERFORMING ENVIRONMENTAL RESTORATION. 
(a) REPORT.—^The Secretary of Defense, in consultation with 
the Attorney (general, the Administrator of the Environmental 
Protection Agency, and the Director of the Office of Management 
and Budget, shall conduct a review and report on the following: 
(1) All existing statutory authorities and regulations there-
under available to the Department of Defense that allow the 
Secretary of Defense or the Secretaries of the military depart-
ments to indemnify and hold harmless contractors performing 
environmental restoration at current military installations, 
former military installations, and formerly used defense sites 
pursuant to the Defense Environmental Restoration Program 
under chapter 160 of title 10, United States Code. 
106 STAT. 2374 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) The extent to which the authorities referred to in para-
graph (1) are available to ensure adequate competition and 
quaUfied contractors for actions not governed by the Com-
prehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.), and the extent to 
which additional authority to ensure adequate competition and 
qualified contractors is necessary for such actions. 
(3) The extent to which the indemnification authority pro-
vided in section 119 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 is necessary 
to ensure adequate competition and qualified contractors to 
perform remedial actions at military installations listed on 
the National Priorities List or removal actions pursuant to 
such Act. 
(4) The extent to which contractors performing environ-
mentel restoration work at installations and sites referred to 
in paragraph (1), other Federal sites, and private sites have 
been exposed to, or involved in, litigation, claims, and liability 
related to such environmental restoration work since 1980. 
(5) The type of indemnification, if any, currently provided 
to environmentel restoration contractors by Federal agencies, 
by State agencies, and by private entities at sites other than 
instellations and sites referred to in paragraph (1). 
(6) The availability, the coverage, the cost, and the type 
of insurance commercially available to environmental restora-
tion contractors at current and former militery installations 
and formerly used defense sites. 
(7) The extent to which the Secretary of Defense and the 
Secretaries of the militeiy departments have used existing 
indemnification authority for environmental restoration work. 
(8) The potential costs of any additional indemnification 
authority, if any, recommended by the Secretery of Defense 
in the report required under this section. 
(b) DEADLINE.—Not later than May 15, 1993, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representetives the report required 
by subsection (a). 
Subtitle D—^Defense Business Operations Fund 
SEC. 341. LIMITATIONS ON THE USE OF DEFENSE BUSINESS OPER. 
ATIONS FUND. 
(a) EXTENSION OF LIMITATION ON PERIOD OF MANAGEMENT.— 
Section 316(a) of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1338; 10 
U.S.C. 2208 note) is amended— 
(1) by striking out "April 15, 1993" and inserting in lieu 
thereof "April 15,1994"; and 
(2) by inserting "(in this section referred to as the 'Fund')" 
before the period at the end of the first sentence. 
(b) 
SEPARATE ACCOUNTING, REPORTING, AND AUDITING OF 
10 use 2208 
FUNDS AND ACTIYITIES.—Section 316 of such Act is amended by 
adding at the end the foUoMdng new subsection: 
"(c) 
SEPARATE ACCOUNTING, REPORTING, AND AUDITING OF 
FUNDS AND ACTTVITIES.—^For purposes of accounting, financial 
reporting, and auditing, the Secretery of Defense shall maintein— 
note. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2375 
10 use 2208 
note. 
"(1) the separate identity of each fund and activity managed 
through the Fund that (before the establishment of the Fund) 
was managed as a separate fiuid or activity; and 
"(2) separate records for each function for which payment 
is made through the Fund and which (before the establishment 
of the Fund) was paid directly through appropriations, including 
the separate identity of the appropriation accoimt used to pay 
for the performance of the function. . 
(c) IMPLEMENTATION OF DBOF.—Such section is further 
amended by adding after subsection (c), as added by subsection 
(b), the following new subsections: 
"(d) IMPLEMENTATION OF THE FUND.—The Secretary of Defense 
shall implement the Fimd in three phases (referred to in this 
section as 'milestones') as follows: 
"(1) MILESTONE I.—Not later than thirty days after the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 1993, the Secretary of Defense shall— 
"(A) substantially complete the development of the poli-
cies of the Department of Defense governing the operations 
of the Fund; 
''(B) identify the interim systems requirements of the 
Fund; and 
"(C) prepare an evaluation report on the adequacy Reports. 
of the skills and resources devoted to the Fimd and its 
related systems. 
"(2) MILESTONE II.—Not later than March 1, 1993, the 
Secretary of Defense shall— 
"(A) develop performance measures, and corresponding 
performance goals, for each business area of the Fimd; 
and 
"(B) prepare a report that— 
(i) specifies the status of interim systems efforts, 
including efforts to improve the accuracy of information 
in the Fund systems; 
"(ii) specifies whether the Department of Defense 
has selected a standard cost accoimtin^ system, and 
prepared an implementation plan (with milestone 
dates) for installing the system at the Fund's activities; 
and 
"(iii) identifies specific tangible benefits resulting 
from the operation of^the Fimd, including, if applicable, 
the reduced costs of providing goods and services and 
the improvement of the efficiency of Fund operations. 
"(3) MILESTONE III.—Not later than September 30, 1993, 
the Secretary of Defense shall conduct a field test of the stand-
ard cost accounting system selected by the Secretary for the 
Fund. 
"(e) USE OF CERTAIN ACCOUNTING STANDARDS.—The Secretary 
of Defense shall take actions to achieve the milestones prescribed 
in subsection (d) and otherwise to implement the Fund consistent 
with— 
"(1) generally accepted accounting principles; 
"(2) accounting principles, standards, and requirements 
generally applicable to Federal agencies; 
"(3) internal accounting and administrative control stand-
ards prescribed by the Comptroller General of the United 
States; and 
Reports. 
106 STAT. 2376 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(4) the provisions of chapter 9 of title 31, United States 
Code, and sections 3515, 3521 (e) through (h), 9105, and 9106 
of such title, and related requirements prescribed by the Office 
of Management and Budget.". 
1
0 use 2208 
(d) MONITORING AND EVALUATION BY THE COMPTROLLER GEN-
"°**' 
ERAL; REPORTS.—Such section is further amended by adding after 
subsection (e), as added by subsection (c), the following new sub-
section: 
"(0 MONITORING AND EVALUATION BY THE COMPTROLLER GEN-
ERAL; REPORTS.— 
"(1) MONITORING AND EVALUATION.—The Comptroller Gen-
eral of the United States shall monitor and evaluate the 
progress of the Department of Defense in achieving the mile-
stones prescribed in subsection (d) and in implementing the 
Fund, including the development of policies, performance meas-
ures, and actions to improve the Fimd's systems. 
*
*
(
2
) REPORTS.— 
"(A) 
REPORT ON THE NONACHIEVEMENT OF MILE-
STONES.—If the Comptroller General determines, pursuant 
to the monitoring and evaluation conducted under para-
graph (1), that the Department of Defense has not achieved 
any of the milestones prescribed in subsection (d), the 
Comptroller General shall submit to the Congress, as soon 
as practicable, a report containing the findings, conclusions, 
and recommendations of the Comptroller General with 
respect to the nonachievement of the milestone. 
"(B) FINAL REPORT.—Not later than February 15, 1994, 
the Comptroller Greneral shall submit to the Congress a 
report containing the findings and conclusions of the 
Comptroller General pursuant to the monitoring and 
evaluation conducted imder paragraph (1) and any rec-
ommendations for legislation or administrative action that 
the Comptroller General considers to be appropriate.". 
10 use 2208 
SEC. 342. CAPITAL ASSET SUBACCOUNT. 
(a) USE OF SUBACCOUNT FOR CAPITAL ASSETS DEPRECIATION 
CHARGES.—Charges for goods and services provided through the 
Defense Business Operations Fund shall include amounts for depre-
ciation of capital assets, set in accordance with generally accepted 
accounting principles. Amounts charged for depreciation shall be 
credited to a separate capital asset subaccount established within 
the Fund. The subaccount shall be available only for the payment 
of outlays for capital assets for the Fund. 
(b) AWARD OF CONTRACTS.—The Secretary of Defense may 
award contracts for capital assets of the Fund in advance of the 
availability of funds in the subaccount, to the extent provided 
for in appropriations Acts. 
(c) ANNUAL REPORT.—^The Secretary of Defense shall submit 
to the congressional defense committees each year, at the same 
time that the President submits the budget to the Congress under 
section 1105 of title 31, United States Code, a report that specifies— 
(1) the opening balance of the subaccount as of the begin-
ning of the fiscal year in which the report is submitted; 
(2) the estimated amounts to be credited to the subaccount 
in the fiscal year in which the report is submitted; 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2377 
(3) the estimated amounts of outlays to be paid out of 
the subaccount in the fiscal year in which the report is submit-
ted; 
(4) the estimated balance of the subaccount at the end 
of the fiscal year in which the report is submitted; and 
(5) a statement of how much of the estimated balance 
at the end of the fiscal year in which the report is submitted 
will be needed to pay outlays in the immediately following 
fiscal year that are in excess of the amount to be credited 
to the subaccount in the immediately following fiscal year. 
(d) AUTHORIZATION.—^There is hereby authorized to be appro-
priated to the Fund subaccount for fiscal years 1993 and 1994 
such sums as may be necessary to pay, during fiscal year 1993 
and until April 15, 1994, outlays for capital assets in excess of 
the amount otherwise available in the subaccount. 
(e) DEFINITIONS.—For purposes of this section: 
(1) The term "capital assets" means the following capital 
assets that have a development or acquisition cost of not less 
than $15,000: 
(A) Minor construction projects financed by the Fund 
pursuant to section 2805(cXl) of title 10, United States 
Code. 
(B) Automatic data processing equipment, software, 
other equipment, and other capital improvements. 
(2) The term "Fund" means the Defense Business Oper-
ations Fimd. 
SEC. 343. LIMITATION ON OBUGATIONS AGAINST DEFENSE BUSINESS 
OPERATIONS FUND. 
(a) LIMITATION.—(1) The Secretary of Defense may not incur 
obligations against the supply management divisions of the Defense 
Business Operations Fund of the Department of Defense during 
fiscal year 1993 in a total amount in excess of 65 percent of 
the total amount derived from sales from such divisions during 
that fiscal year. 
(2) For purposes of determining the amount of obligations 
incurred against, and sales from, such divisions during fiscal year 
1993, the Secretary shall exclude obligations and sales for fuel, 
commissary and subsistence items, retailoperations, repair of equip-
ment, and the cost of operations. 
(b) EXCEPTION.—^The Secretary of Defense may waive the 
limitation described in subsection (a) if the Secretary determines 
that such waiver is critical to the national security of the United 
States. The Secretary shall immediately notify Congress of any 
such waiver and the reasons for such waiver. 
Subtitle E—^Depot-Level Activities 
SEC. 351. DEPOT-LEVEL TACTICAL MISSILE MAINTENANCE. 
(a) COMPETITIVE BIDDING.—If the Secretary of Defense takes 
action to consolidate at a single location the performance of depot-
level tactical missile maintenance by employees of the Department 
of Defense, the Secretary shall select the depot to perform the 
tactical missile maintenance through the use of competitive proce-
dures. Any depot-level activity of the Department of Defense that 
is engaged in tactical missile maintenance on the date of the enact-
ment of this Act shall be eligible to compete for such selection. 
106 STAT. 2378 
PUBLIC LAW 102-484—OCT. 23, 1992 
(b) 
RELOCATION OF CERTAIN ACTIVITIES TO ROCK ISLAND 
ARSENAL.—^The Secretary of Defense shall ensure that the Systems 
Integration Management Activity and the Depot Systems Command 
are relocated to Rock Island Arsenal, Illinois, in accordance with 
the recommendations dated July 1, 1991, of the Defense Base 
Closure and Realignment Commission established under section 
2902 of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). 
This provision shall apply notwithstanding any other provision 
of law which directly or indirectly affects such relocation. 
SEC. 352. LIMITATIONS ON THE PERFORMANCE OF DEPOT-LEVEL 
MAINTENANCE OF MATERIEL. 
(a) LIMITATION.—Section 2466(a) of title 10, United States Code, 
is amended to read as follows: 
"(a) PERCENTAGE LIMITATION.—(1) Except as provided in para-
graph (2), the Secretary of a military department and, with respect 
to a Defense Agency, the Secretary of Defense, may not contract 
for the performance by non-Federal Grovemment personnel of more 
than 40 percent of the depot-level maintenance workload for the 
military department or the Defense Agency. 
"(2) The Secretary of the Army shall provide for the performance 
by employees of the Department of Defense of not less than the 
following percentages of Army aviation depot-level maintenance 
workload: 
"(A) For fiscal year 1993, 50 percent. 
"(B) For fiscal year 1994, 55 percent. 
"(C) For fiscal year 1995, 60 percent.". 
(b) CONFORMING AMENDMENT.—Section 2466(c) of such title 
is amended by striking out "The Secretary of the Army, with respect 
to the Department of the Army, and the Secretary of the Air 
Force, with respect to the Department of the Air Force," and insert-
ing in lieu thereof 'The Secretary of the military department con-
cerned and, with respect to a Defense Agency, the Secretary of 
Defense". 
(c) REPORT.—Section 2466(e) of such title is amended— 
(1) by inserting "(1)" after "REPORTS.—"; and 
(2'^ by adding at the end the following: 
"(2) Not later than January 15, 1994, the Secretary of each 
military department and the Secretary of Defense, with respect 
to the Defense Agencies, shall jointly submit to Congress a report 
described in paragraph (1).". 
10 use 2466 
(d) EFFECT OF AMENDMENTS ON EXISTING CONTRACTS.—The 
Secretary of a military department and the Secretary of Defense, 
with respect to the Defense Agencies, may not cancel a depot-
level maintenance contract in enect on the date of the enactment 
of this Act in order to comply with the requirements of section 
2466(a) of title 10, United States Code, as amended by subsection 
(a). 
SEC. 353. REQUIREMENT OF COMPETITION FOR THE PERFORMANCE 
OF WORKLOADS PREVIOUSLY PERFORMED BY DEPOT-
LEVEL ACTIVITIES OF THE DEPARTMENT OF DEFENSE. 
(a) COMPETITION REQUIREMENT.—Chapter 146 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
note. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2379 
''§2469. Contracts to perform workloads previously per-
formed by depot-level activities of the Department 
of Defense: requirement of competition 
"The Secretary of Defense or the Secretary of a military depart-
ment may not change the performance of a depot-level maintenance 
workload that has a threshold value of not less than $3,000,000 
and is being performed by a depot-level activity of the Department 
of Defense unless, prior to any such change, the Secretary uses 
competitive procedures to make the change.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the foUovdng 
new item: 
"2469. Ciontracts to perform workloads previously performed by depot-level activities 
of the Department of Defense: requirement of competition.". 
SEC. 354. REPEAL OF REQUIREMENT FOR COMPETITION PILOT PRO-
GRAM FOR DEPOT-LEVEL MAINTENANCE OF MATERIALS. 
Subsection (b) of section 314 of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1337; 10 U.S.C. 2466 note) is repealed. 
Subtitle F—Commissaries and Military Exchanges 
SEC. 361. STANDARDIZATION OF CERTAIN PROGRAMS AND ACTIVI- 10 USC 2490a 
TIES OF MILITARY EXCHANGES. 
no^ 
(a) STANDARDIZATION OF EXCHANGES.—The Secretary of 
Defense shall standardize among the military departments the fol-
lowing programs and activities of the military exchanges of the 
military departments: 
(1) Accounting (including account titles and item descrip-
tions). 
(2) Financial reporting formats. 
(3) Automatic data processing and telecommiinications data 
in order to facilitate the transfer of information among military 
exchanges. 
(b) TIME AND MANNER.—^The standardization of programs and 
activities required by subsection (a) shall be completed not later 
than March 31, 1994, and shall be carried out in the most efficient 
manner practicable. 
(c) REPORT.—Not later than March 31, 1993, the Secretary 
of Defense shall submit to the Congress a report on other programs 
and activities of the military exchanges, if any, that the Secretanr 
determines can be economically and efficiently managed through 
standardization or consolidation under a single nonappropriated 
fund instrumentality. 
SEC. 362. ACCOUNTABILITY REGARDING THE FINANCIAL MANAGE-
MENT AND USE OF NONAPPROPRIATED FUNDS. 
(a) REGULATION OF EXPENDITURE OF N A F I FUNDS.—Chapter 
147 of title 10, United States Code, is amended by adding at 
the end the following new section: 
*
*
§ 2490a. Nonappropriated fund instrumentalities: 
financial 
management and use of nonappropriated funds 
"(a) 
REGULATION 
OF 
MANAGEMENT 
AND 
U S E 
OF 
NONAPPROPRIATED FuNDS.—The Secretary of Defense shall pre-
scribe regulations governing— 
106 STAT. 2380 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(1) the purposes for which nonappropriated fiinds of a 
nonappropriated fund instrumentality of the United States 
within the Department of Defense may be expended; and 
"(2) the financial management of such funds to prevent 
waste, loss, or unauthorized use. 
"(b) PENALTIES FOR VIOLATIONS.—(1) A civilian employee of 
the Department of Defense who is paid from nonappropriated funds 
and who commits a substantial violation of the regulations pre-
scribed under subsection (a) shall be subject to the same penalties 
as are provided by law for misuse of appropriations by a civilian 
employee of the Department of Defense paid from appropriated 
funds. The Secretary of Defense shall prescribe regulations to carry 
out this paragraph. 
"(2) The Secretary shall provide in regulations that a violation 
of the regulations prescribed under subsection (a) by a person 
subiect to chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice), is punishable as a violation of section 
892 of such title (article 92 of tne Uniform Code of Military Justice). 
"(c) NOTIFICATION OF VIOLATIONS.—(1) A civilian employee of 
the Department of Defense (whether paid from nonappropriated 
funds or from appropriated funds), and a member of the Armed 
Forces, whose duties include the obligation of nonappropriated 
funds, shall notify the Secretary of Deiense of information which 
the person reasonably believes evidences— 
"(A) a violation by another person of any law, rule, or 
regulation regarding the management of such funds; or 
"(B) other mismanagement or gross waste of such funds. 
"(2) Tlie Secretary of Defense shall designate civilian employees 
of the Department of Defense or members of the armed forces 
to receive a notification described in paragraph (1) and ensure 
the prompt investigation of the validity of information provided 
in the notification. 
"(3) The Secretary shall prescribe regulations to protect the 
confidentiality of a person making a notification under paragraph 
(1).". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"24908. Nonappropriated fund instrumentalities: financial management and use of 
nonappropriated funds.". 
10 USE 2482 
SEC. 363. DEMONSTRATION PROGRAM FOR THE OPERATION OF CER-
NOTE. 
TAIN COMMISSARY STORES BY NONAPPROPRIATED FUND 
INSTRUMENTALITIES. 
(a) ESTABLISHMENT OF DEMONSTRATION PROGRAM.—(1) 
The 
Secretary of Defense shall establish a demonstration program to 
determine the feasibility of having nonappropriated fund instrumen-
talities operate commissary stores at military installations. 
(2) Under the program referred to in paragraph (1), the Sec-
retary of Defense shalT select nonappropriated fund instrumental-
ities to operate commissary stores located at military installations 
selected by the Secretary under subsection (b). 
(b) SELECTION OF MILITARY INSTALLATIONS.—For participation 
in such program, the Secretanr shall select not less than one nor 
more than three military installations in the United States, includ-
ing at least one installation where National Guard personnel, other 
reserve component personnel, and their dependents comprise the 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2381 
predominant number of the users of the facilities and services 
of the installation. 
(c) PROGRAM REQUIREMENT AND LIMITATION.—(1) Except as 
provided in paragraph (3), commissary stores operated imder such 
program shall be operated in accordance with section 2484 of title 
10, United States Code, relating to the payment of costs by the 
Department of Defense in connection with the operation of com-
missary stores. 
(2) Except as provided in paragraph (3), the Secretary of 
Defense may, subject to such section, authorize a transfer of goods, 
supplies, and facilities of, £md funds appropriated for, the Defense 
Commissary Agency to the nonappropriated fund instnimentalities 
selected under subsection (aX2) for the purpose of operating com-
bined exchange and commissary stores imder such program. 
(3) Appropriated funds may not be used pursuant to such 
section to pay costs associated with the direct support and operation 
of combined exchange and commissary stores under such program. 
(d) PERIOD OF DEMONSTRATION PROGRAM.—A nonappropriated 
fund instrumentality selected under subsection (aX2) shall operate 
commissary store facilities imder such program for the period begin-
ning on the date of the selection of the nonappropriated fund 
instrumentality and ending on the date of the expiration of the 
period referred to in subsection (e). 
(e) REPORT.—^Not later than the expiration of the one-year 
period beginning on the date of the enactment of this Act, the 
Secretary of Defense shall submit to the Congress a report on 
the implementation of such program. The report shall include the 
findings, conclusions, and recommendations of the Secretary, includ-
ing a recommendation with respect to whether similar programs 
should be carried out at other military installations. 
(f) DEFINITION.—In this section, the term "nonappropriated fund 
instrumentalit}^" means an instrumentality of the United States 
under the jurisdiction of the Department of the Army or the Depart-
ment of the Air Force (including the Army and Air Force Exchange 
Service) which is conducted for the comfort, pleasure, contentment, 
or physical or mental improvement of members of the Armed Forces. 
SEC. 364. RELEASE OF INFORMATION REGARDING SALES AT COM-
MISSARY STORES. 
(a) AUTHORITY TO RELEASE.—Section 2487 of title 10, United 
States Code, is amended by striking out subsections (a) and (b) 
and inserting in lieu thereof the following: 
"(a) AUTHORITY TO LIMIT RELEASE.—(1) The Secretary of 
Defense may limit the release to the pubUc of any information 
described in paragraph (2) if the Secretary determines that it is 
in the best interest of the Department of Defense to limit the 
release of such information. If the Secretcuy determines to limit 
the release of any such information, the Secretary may provide 
for limited release of such information in accordance with subsection 
(b). 
"(2) Paragraph (1) applies to those portions of computer data 
generated by electronic scanners used in military commissaries, 
and those portions of reports generated by such scanners, that 
contain the following information: 
"(A) The unit price of 
items sold. 
"(B) The number of units of 
items sold. 
106 STAT. 2382 
PUBLIC LAW 102-484—OCT. 23, 1992 
**(b) RELEASE UNDER CoMPErmvELY AWARDED AGREEMENTS.— 
The Sfxretary of Defense may enter into one or more agreements 
that provide for limited release of information described in sub-
section (aX2). The Secretary shall use competitive procedures to 
enter into each sudi agreement. Each agreement shall require 
payment for such information and shall specify the amount of 
such payment.". 
(b) TECHNICAL AMENDMENTS.—(1) The item relating to such 
section in the table of sections at the beginning of chapter 147 
of title 10, United States Code, is amended Iw striking out 'limita-
tion" and inserting in lieu 
tiiereof 
"limitations . 
(2) Subsection (c) of such section is amended by inserting after 
"(c)" the following: "DEPOSIT OF RECEIPTS.—". 
SEC. 365. USE OF COBIMISSARY STORES BY MEMBERS OF THE READY 
RESERVE. 
(a) IN GENERAL.—Section 1063(a) of title 10, United States 
Code, is amended to read as follows: 
"(a) EuGmiUTY OF MEMBERS OF READY RESERVE.—<1) A mem-
ber of the Ready Reserve who satisfactorily completes 50 or more 
points creditable under section 1332(aX2) of this title in a calendar 
year shall be eligible to use commissaiv stores of the Department 
of Defense. The Seoretar^ concerned shall authorize the member 
to have 12 days of eligibihty for any calendar year that the member 
qualifies for eligibility under this subsection. 
"(2) Paragraph (1) shall apply without regard to whether, dur-
ing the calendar year, the member receives compensation for the 
duty or training performed by the member or performs active duty 
for training.". 
10USC1063 
(b) APPUCABIUTY.—The amendment made by subsection (a) 
shall apply to the completion of reserve points beginning in calendar 
year 1992. 
(c) CONFORMING AMENDMENTS.—(1) The heading of section 1063 
of such title is amended to read as follows: 
*
*
§ 1063. Period for use of commissary stores: eligibility for 
members of the Ready Reserve** 
(2) The item relating to such section in the table of sections 
at the beginning of such chapter is amended to read as follows: 
"1063. Period for use of commissary stores: eligibility for members of the Ready 
Reserve.". 
Subtitle G—Other Matters 
SEC. 871. EXTENSION OF CERTAIN GUIDELINES FOR REDUCTIONS IN 
THE NUBIBER O F CIVILIAN POSITIONS IN THE DEPART-
MENT OF DEFENSE. 
(a) EXTENSION OF GUIDELINES.—Section 1597 of title 10, United 
States Code, is amended to read as follows: 
*
*
§ 1697. Civilian positions: guidelines for reductions 
"(a) REQUIREMENT OF GUIDELINES FOR REDUCTIONS IN CIVILIAN 
POSITIONS.—^Reductions in tiie number of civilian positions of the 
Department of Defense during fiscal vear 1993, if any, shall be 
carried out in accordance with the guidelines established pursuant 
to subsection (b). 
*
*
G
)
) GUIDELINES.—^The Secretary of Defense shall estabUsh 
guidelines for fiscal year 1993 for the manner in which reductions 
note. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2383 
in the number of civilian positions of the Department of Defense 
are made. The guidelines shall include procedures for reviewing 
civilian positions for reductions according to the following order: 
"(1) Positions filled by foreign national employees overseas. 
"(2) All other positions filled by civilian employees overseas. 
"(3) Overhead, indirect, and administrative positions in 
headquarters or field operating agencies in the United States. 
"(4) Direct operating or production positions in the United 
States. 
"(c) MASTER PLAN.—(1) The Secretary of Defense shall include 
in the materials submitted to Congress in support of the budget 
request for the Department of Defense for fiscal year 1994 a civilian 
positions master plan described in paragraph (2) for the Department 
of Defense as a whole and for each military department, Defense 
Agency, and other principal component of the Department of 
Defense. 
"(2) The master plan referred to in paragraph (1) shall include 
the information described in paragraph (3). Such information shall 
include information for each of the two fiscal years immediately 
preceding such fiscal year and projected information for such fiscal 
year and each of the two fiscal years immediately following such 
fiscal year. 
"(3) The information referred to in paragraph (2) is the follow-
ing: 
"(A) A profile of the levels of civilian positions sufficient 
to establish and maintain a baseline for tracking annual acces-
sions and losses of civilian positions and to provide for the 
analysis of trends in the levels of civilian positions within 
the Department of Defense as a whole and for each military 
department, major subordinate command of each military 
department, Defense Agency, and other principal component 
of the Department of Defense. The profile shall include informa-
tion on the following: 
"(i) The total number of civilian employees, 
"(ii) Of the total number of civilian employees, the 
number of civilian employees in the United States, the 
number of civilian employees overseas, and the number 
of foreign national employees overseas. 
"(iii) Of the total number of civilian employees at the 
end of each fiscal year covered by the master plan, the 
number of full-time employees, the number of part-time 
employees, and the number of temporary and on-call 
employees. 
"(iv) Accessions and losses of civilian positions, shown 
in the aggregate and by the number of full-time employees, 
the number of part-time employees, and the number of 
temporary and on-call employees. 
"(v) TTie number of losses of civilian positions, by appro-
priation account, due to reductions in force, furloughs, or 
functional transfers or other significant transfers of work 
away from the military department, defense agency, or 
other component. 
"(vi) The extent to which accessions and losses of 
civilian positions are due to functional transfers or competi-
tive actions that are related to the Department of Defense 
management review initiatives of the Secretary of Defense. 
106 STAT. 2384 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(B) For industrial-type and commercial-type activities 
funded through the Defense Business Operations Fund, the 
following information: 
"(i) Annual trends in the amount of funded workload 
for each activity, based upon the average number of months 
of accumulated, funded workload to be performed, or pro-
jected to be performed, by the activity. 
"(ii) The extent to which such workload is funded by 
funds that are appropriated from appropriation accounte 
and managed through the Defense Business Operations 
Fund. 
"(C) Information that indicates trends in the extent to 
which the military department, defense agency, or other compo-
nent enters into contracts with persons outside of the Depart-
ment of Defense, rather than uses civilian positions, to perform 
work for the military department, defense agency or other 
component. 
"(D) Information that indicates the extent to which the 
Department of Defense management review initiatives of the 
Secretary of Defense and other productivity enhancement pro-
grams of the Department of Defense significantly affect the 
number of losses of civilian positions, particularly administra-
tive and management positions. 
"(d) EXCEPTIONS.—^The Secretary of Defense may permit a vari-
ation from the guidelines established under subsection (b) or a 
master plan prepared under subsection (c) if the Secretary deter-
mines that such variation is critical to the national security. The 
Secretary shall immediately notify the Congress of any such vari-
ation and the reasons for such variation. 
"(e) IhfVOLUNTARY REDUCTIONS OF CIVILIAN POSITIONS.—The 
Secretary of Defense may not implement any involuntary reduction 
or furlough of civilian positions in a military department, Defense 
Agency, or other component of the Department of Defense until 
the expiration of the 45-day period beginning of the date on which 
the Secretary submits to Congress a report setting forth the reasons 
why such reductions or furloughs are reqmred and a description 
of any change in workload or positions requirements that will 
result from such reductions or furloughs.". 
(b) CLERICAL AMENDMENT.—The item relating to such section 
in the table of sections at the beginning of chapter 81 of such 
title is amended to read as follows: 
"1597. Civilian positions: guidelines for reductions.". 
SEC. 
372. 
ANNUAL 
REPORT 
ON 
SECURITY 
AND 
CONTROL 
OF 
SUPPLIES. 
(a) ANNUAL REPORT.—Subsection (a) of section 2891 of title 
10, United States Code, is amended by striking out "for each of 
fiscal years 1989, 1990, and 1991" and inserting in lieu thereof 
"for each of fiscal years 1992,1993, and 1994". 
(b) CONTENT OF REPORT.^-Subsection (b) of such section is 
amended by adding at the end the following new paragraphs: 
"(9) A summary description of the cases determined by 
the Secretary of Defense to be cases of major thefts of Depart-
ment of Defense supplies during the fiscal year preceding the 
fiscal year in which the report is submitted, including any 
case involving a loss in an amount greater than $1,000,000 
or a loss of sensitive or classified items. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2385 
"(10) The value, and an analysis, of in-transit losses that 
occurred during the fiscal vear preceding the fiscal year in 
which the report is submitted.**. 
SEC. 373. TRANSPORTATION OF DONATED MILITARY ARTIFACTS. 
Section 2572(dX2) of title 10, United States Code, is amended— 
(1) by striking out "(2) The" and inserting in lieu thereof 
"(2)(A) Except as provided in subparagraph (B), the**; and 
(2) by adding at the end the following new subparagraph: 
"(B) The Secretary concerned may, without cost to the recipient, 
demilitarize, prepare, and transport in the continental United 
States for donation to a recognized war veterans' association an 
item authorized to be donated under this section if the Secretary 
determines the demilitarization, preparation, and transportation 
C£ui be accomplished as a training mission without additional budg-
etary requirements for the imit involved.**. 
SEC. 
374. SUBCONTRACTING AUTHORITY 
FOR 
AIR 
FORCE 
AND NAVY 
DEPOTS. 
Section 2208(j) of title 10, United States Code, is amended 
by striking out 'The Secretary** and all that follows through "facil-
ity" and mserting in lieu thereof "The Secretary of a military 
department may authorize a working capital funded industrial facil-
ity of that department". 
SEC. 375. CONSIDERATION OF VESSEL LOCATION FOR THE AWARD 10 USC 7291 
OF LAYBERTH CONTRACTS FOR SEALIFT VESSELS. 
^°^-
(a) CONSIDERATION OF VESSEL LOCATION IN THE AWARD OF 
LAYBERTH CONTRACTS.—^As a factor in the evaluation of bids and 
proposals for the award of contracts to layberth sealift vessels 
of the Department of the Navy, the Secretary of the Navy shall 
include the location of the vessels, including whether the vessels 
should be layberthed at locations where— 
(1) members of the Armed Forces are likely to be loaded 
onto the vessels; and 
(2) layberthing the vessels maximizes the ability of the 
vessels to meet mobility and training needs of the Department 
of Defense. 
(b) ESTABLISHMENT OF LOCATION AS A MAJOR CRITERION.— 
In the evaluation of bids and proposals referred to in subsection 
(a), the Secretary of the Navy shall give the same level of consider-
ation to the location of the vessels as the Secretary gives to other 
major factors established by the Secretary. 
(c) APPLICABILITY.—Subsection (a) shall apply to any solicitation 
for bids or proposals issued afl^er the end of the 120-day period 
beginning on the date of the enactment of this Act. 
SEC. 376. PILOT PROGRAM TO USE NATIONAL GUARD PERSONNEL IN 32 USC 501 note. 
MEDICALLY UNDERSERVED COMMUNITIES. 
(a) PILOT PROGRAM.—^Under regulations prescribed by the Sec-
retary of Defense, the Chief of the National Guard Bureau shall 
enter into an agreement with each of the Crovemors of one or 
more States to carry out a pilot program during fiscal years 1993 
and 
1994 to provide training and professional 
development 
opportunities for members of the National Guard through the provi-
sion of health care to residents of medically underserved commu-
nities in those States with the use of personnel and equipment 
of the National Guard. 
Regulations. 
106 STAT. 2386 
PUBLIC LAW 102-484—OCT. 23, 1992 
(b) FUNDING ASSISTANCE.—Under the agreement, the Chief of 
the National Guard Bureau shall provide funds for the pay, allow-
ances, clothing, subsistence, travel, and related expenses of person-
nel of the National Guard participating in the pilot program and 
for medical supplies and equipment to be used to provide health 
care to medically underserved populations. Of the funds authorized 
to be appropriated for fiscal year 1993 for operation and mainte-
nance under this title for the Army National Guard, not more 
than $5,000,000 may be used by the Chief of the National Guard 
Bureau to provide funding imder the agreements. 
(c) MAINTENANCE OF EFFORT.—The Chief of the National Guard 
Bureau shall ensure that each agreement under subsection (a) 
provides that the provision of services imder the pilot program 
will supplement and increase the level of services that would be 
provided with non-Federal fimds in the absence of such services, 
and will in no event supplant services provided with non-Federal 
funds. 
(d) COORDINATION AMONG PROGRAMS.—In carrying out the pilot 
program imder subsection (a), the Chief of the National Guard 
Bureau shall consult with the Secretary of Health and Human 
Services for the purpose of ensuring that the provision of services 
\mder the pilot program are not redundant with the services of 
programs of such Secretary. 
(e) SERVICE OF PARTICIPANTS.—Service by National Guard 
personnel in the pilot program shall be coimted toward the annual 
training required under section 270 of title 10, United States Code, 
and section 502 of title 32, United States Code. 
(f) REPORT.—^The Secretary of Defense shall, not later than 
January 1, 1994, submit to the Congress a report on the effective-
ness of the pilot program and any recommendations with respect 
to the pilot program. 
SEC. 377. AUTHORITY FOR THE ISSUE OF UNIFORMS WITHOUT 
CHARGE TO MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Chapter 45 of title 10, United States Code, 
is amended— 
(1) by redesignating section 775 as section 776; and 
(2) by inserting after section 774 the following new section: 
"§ 775. Issue of uniform without charge 
**(a) ISSUE OF UNIFORM.—^The Secretary concerned may issue 
a uniform, without charge, to any of the following members: 
"(1) A member who is being repatriated after being held 
as a prisoner of war. 
"(2) A member who is being treated at or released from 
a medical treatment facility as a consequence of being wounded 
or injured during military hostilities. 
"(3) A member who, as a result of the member's duties, 
has unique uniform requirements. 
"(4) Any other member, if the Secretary concerned deter-
mines, under exceptional circumstances, that the issue of the 
uniform to that member would significantly benefit the morale 
and welfare of the member and be advantageous to the armed 
force concerned. 
"(b) RETENTION OF UNIFORM AS A PERSONAL ITEM.—Notwith-
standing section 771a of this title, a uniform issued to a member 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2387 
under this section may be retained by the member as a personal 
item.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by striking out the item relating 
to section 775 and inserting in lieu thereof the following: 
"775. Issue of uniform without charge. 
"776. Applicability of chapter.". 
SEC. 378. PROGRAM TO COMMEMORATE WORLD WAR IL 
10 USC 113 note. 
(a) IN GENERAL.—The Secretary of Defense may, during fiscal 
years 1993 through 1995, conduct a program to commemorate the 
50th anniversary of World War II and to coordinate, support, and 
facilitate other such commemoration programs and activities of 
the Federal Government, State and local governments, and other 
persons. 
(b) USE OF FUNDS.—During fiscal years 1993 through 1995, 
funds appropriated to the Department of Defense for operation 
and maintenance of Defense Agencies shall be available to conduct 
the program referred to in subsection (a). 
(c) PROGRAM ACTIVITIES.—^The program referred to in sub-
section (a) may include activities and ceremonies— 
(1) to provide the people of the United States with a clear 
understanding and appreciation of the lessons and history of 
World War II; 
(2) to thank and honor veterans of World War II and 
their families; 
(3) to pay tribute to the sacrifices and contributions made 
on the home front by the people of the United States; 
(4) to foster an awareness in the people of the United 
States that World War II was the central event of the 20th 
century that defined the postwar world; 
(5) to highlight advances in technology, science, and medi-
cine related to militery research conducted during World War 
11; 
(6) to inform wartime and postwar generations of the con-
tributions of the Armed Forces of the United States to the 
United Stetes; 
(7) to recognize the contributions and sacrifices made by 
World War II allies of the United States; and 
(8) to highlight the role of the Armed Forces of the United 
States, then and now, in maintaining world peace through 
strength. 
(d) AUTHORITY OF THE SECRETARY.—(1) In connection with the 
program referred to in subsection (a), the Secretary of Defense 
may adopt, use, and register as trademarks and service marks, 
emblems, signs, insignia, or words. The Secretary shall have the 
exclusive right to use such emblems, signs, insignia or words, 
subject to the preexisting rights described in paragraph (3), and 
may grant exclusive or nonexclusive licenses in connection there-
with. 
(2) Without the consent of the Secretary of Defense, any person 
who uses any emblem, sign, insignia, or word adopted, used, or 
registered as a trademark or service mark by the Secretary in 
accordance with paragraph (1), or any combination or simulation 
thereof tending to cause confusion, to cause mistake, to deceive, 
or to falsely suggest a connection with the program referred to 
in subsection (a), shall be subject to suit in a civil action by the 
106 STAT. 2388 
PUBLIC LAW 102-484—OCT. 23, 1992 
Attorney General, upon complaint by the Secretary of Defense, 
for the remedies provided in the Act of July 5, 1946, as amended 
(60 Stat. 427; popularly known as the Trademark Act of 1945) 
(15 U.S.C. 1051 et seq.). 
(3) Any person who actually used an emblem, sign, insignia, 
or word adopted, used, or registered as a trademark or service 
mark by the Secretary in accordance with paragraph (1), or any 
combination or simulation thereof, for any lawful purpose before 
such adoption, use, or registration as a trademark or service mark 
by the Secretary shall not be prohibited by this section from continu-
ing such lawful use for the same purpose and for the same goods 
or services. 
(e) ESTABLISHMENT OF ACCOUNT.—(1) There is estabhshed in 
the Treasury of the United States an account to be known as 
the "Department of Defense 50th Anniversary of World War II 
Commemoration Account" which shall be administered by the Sec-
retary of Defense as a single account. There shall be deposited 
into the account all proceeds derived from activities described in 
subsection (d). 
(2) The Secretary may use the funds in the account established 
in paragraph (1) only for the purpose of conducting the program 
referred to in subsection (a). 
(3) Not later than 60 days after the termination of the authority 
of the Secretary to conduct the commemoration program referred 
to in subsection (a), the Secretary shall transmit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an accounting of all the funds deposited into 
and expended from the account or otherwise expended under this 
section, and of any amount remaining in the account. Unobligated 
funds which remain in the account after termination of the author-
ity of the Secretary under this section shall be held in the account 
imtil transferred by law after the Committees receive the report. 
(0 PROVISION OF VOLUNTARY SERVICES.—(1) Notwithstanding 
section 1342 of title 31, United States Code, the Secretary of Defense 
may accept from any person voluntary services to be provided 
in furtherance of the program referred to in subsection (a). 
(2) A person providing voluntary services under this subsection 
shall be considered to be an employee for the purposes of chapter 
81 of title 5, relating to compensation for work-related injuries. 
Such a person who is not otherwise employed by the Federal 
Government shall not be considered to be a Federal employee 
for any other purposes by reason of the provision of such service. 
(3) The Secretary of Defense may provide for reimbursement 
of incidental expenses which are incurred by a person providing 
voluntary services under this subsection. The Secretary of Defense 
shall determine which expenses are eligible for reimbursement 
under this paragraph. 
SEC. 379. EXTENSION OF DEMONSTRATION PROJECT FOR THE USE 
OF PROCEEDS FROM THE SALE OF CERTAIN LOST, ABAN-
DONED, OR UNCLAIMED PERSONAL PROPERTY. 
(a) EXTENSION OF PROGRAM.—Section 343(d)(1) of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public 
Law 102-190; 105 Stat. 1344) is amended by striking out "terminate 
at the end of the one-year period" and inserting in lieu thereof 
"terminate at the end of the two-year period". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2389 
(b) REPORT.—Section 343(e) of such Act is amended by striking 
out "one-year period" and inserting in lieu thereof "two-year period . 
SEC. 380. PROMOTION OF CIVILIAN MARKSMANSHIP. 
(a) AuTHORnY OF THE SECRETARY OF THE ARMY.—(1) Section 
4308 of title 10, United States Code, is amended to read as follows: 
'^§4308. Promotion of civilian marksmanship: authority of 
the Secretary of the Army 
"(a) PROGRAM REQUIRED.—The Secretary of the Army, under 
regulations approved by him upon the recommendation of the 
National Board for the Promotion of Rifle Practice, shall provide 
for— 
"(1) the operation and maintenance of indoor and outdoor 
rifle ranges and their accessories and appliances; 
"(2) the instruction of citizens of the United States in 
marksmanship, and the employment of necessary instructors 
for that purpose; 
"(3) the promotion of practice in the use of rifled arms, 
the maintenance and management of matches or competitions 
in the use of those arms, and the issue, without cost, of the 
arms, ammunition (including caliber .22 and caliber .30 
ammunition), targets, and other supplies and appliances nec-
essary for those purposes, to gun clubs under the direction 
of the National Board for the Promotion of Rifle Practice that 
provide training in the use of rifled arms to youth, the Boy 
Scouts of America, 4-H Clubs, Future Farmers of America, 
and other youth-oriented organizations for training and com-
petition; 
"(4) the award to competitors of trophies, prizes, badges, 
and other insignia; 
"(5) the loan or sale at fair market value of caliber .30 
rifles, caliber .22 rifles, and air rifles, and the sale of ammuni-
tion at fair market value, to gim clubs that— 
"(A) are under the direction of the National Board 
for the Promotion of Rifle Practice; and 
"(B) provide training in the use of rifled arms; 
"(6) the sale at fair market value of arms (including surplus 
M-1 Garand rifles), ammimition, targets, and other supplies 
and appliances necessary for target practice to citizens of the 
Unitea States over 18 years of age who are members of a 
gun club under the direction of the National Board for the 
Promotion of Rifle Practice; 
"(7) the maintenance of the National Board for the Pro-
motion of Rifle Practice, including provision for its necessary 
expenses and those of its members and for the Board's expenses 
incidental to the conduct of the Board's annual meetings; 
"(8) the procurement of necessary supplies, appliances, tro-
phies, prizes, badges, and other insignia, clerical and other 
services, and labor; and 
"(9) the transportation of employees, instructors, and 
civilians to ^ve or to receive instruction or to assist or engage 
in practice m the use of rifled arms, and the transportation 
and subsistence, or an allowance instead of subsistence, of 
members of teams authorized by the Secretary to participate 
in matches or competitions in the use of rifled arms. 
"(b) ADDITIONAL AUTHORITY.—The Secretary may— 
106 STAT. 2390 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(1) provide personnel services (in addition to pay and 
nontravel-related allowances for members of the armed forces) 
in carrying out the Civilian Marksmanship Program; and 
"(2) impose reasonable fees for persons and gim clubs 
participating in any program conducted by the Secretary for 
the promotion of marksmanship among civilians. 
"(c) AMOUNTS COLLECTED.—^Amounts collected by the Secretary 
under the Civilian Marksmanship Program, including the proceeds 
from the sale of arms, ammimition, targets, and other supplies 
and appliances under subsection (a), shall be credited to the appro-
priation available for the support of the Civilian Marksmanship 
Program and shall be available to carry out such program. 
"(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated for each fiscal year such sums as may be nec-
essary to pay the personnel costs and other expenses of the Civilian 
Marksmanship Program in such fiscal year to the extent that the 
amoimts available out of the revenues collected under the program 
are insufficient to defray such costs and expenses. 
"(e) DEFINITION.—In this section, the term 'Civilian Marksman-
ship Program* means the program carried out by the Secretary 
of the Army imder this section and sections 4310 through 4312 
of this title and includes the National Matches and small-arms 
firing schools referred to in section 4312 of this title.". 
(2) The table of sections at the beginning of chapter 401 of 
such title is amended by striking out the item relating to section 
4308 and inserting in lieu thereof the following: 
"4308. Promotion of civilian marksmanship: authority of the Secretary of the 
Army.". 
(b) AVAILABILITY OF RIFLE RANGES FOR ARMED FORCES AND 
CIVILIANS.—(1) Section 4309 of title 10, United States Code, is 
amended to read as follows: 
^§4309. Rifle ranges: availability for use by members and 
civilians 
"(a) RANGES AVAILABLE.—^All rifle ranges constructed in whole 
or in part with fimds provided by the United States may be used 
by members of the armed forces and by persons capable of bearing 
arms. 
"(b) MILITARY RANGES.—(1) In the case of a rifle range referred 
to in subsection (a) that is located on a military installation, the 
Secretary concerned may establish reasonable fees for the use by 
civilians of that rifle range to cover the material and supply costs 
incurred by the armed forces to make that rifle range available 
to civilians. 
"(2) Fees collected pursuant to paragraph (1) in connection 
with the use of a rifle range shall be credited to the appropriation 
available for the operation and maintenance of that rifle range 
and shall be available for the operation and maintenance of that 
rifle range. 
"(3) Use of a rifle range referred to in paragraph (1) by civilians 
may not interfere with the use of the range by members of the 
armed forces. 
"(c) REGULATIONS.—Regulations to carry out this section with 
respect to a rifle range shall be prescribed, subject to the approval 
of the Secretary concerned, by the authorities controlling the rifle 
range.". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2391 
(2) The table of sections at the beginning of chapter 401 of 
such title is amended by striking out the item relating to section 
4309 and inserting in lieu thereof the following: 
"4309. Rifle ranges: availability for use by members and civilians.". 
(c) PAYMENT OF EXPENSES FOR NATIONAL MATCH COMPETI-
TORS.—(1) Section 4313 of title 10, United States Code, is amended 
to read as follows: 
''§4313. National matches and small-arms school: expenses 
"(a) JUNIOR COMPETITORS.—(1) Junior competitors at National 
Matches, small-arms firing schools, and competitions in connection 
with National Matches and special clinics under section 4312 of 
this title may be paid a subsistence allowance in such amoimt 
as the Secretary of tne Army shall prescribe. 
"(2) A junior competitor referred to in paragraph (1) may be 
paid a travel allowance, in such amount as the Secretary of the 
Army shall prescribe, instead of travel expenses and subsistence 
while traveling. The travel allowance for the return trip may be 
paid in advance. 
"(3) For the purposes of this subsection, a junior competitor 
is a competitor who is under 18 years of age or is a member 
of a gun club organized for the students of a college or university. 
'Xb) RESERVE COMPONENT PERSONNEL.—Appropriated fimds 
available for the Civilian Afarksmanship Program (as defined in 
section 4308(e) of this title) may be used to pay the personnel 
costs and travel and per diem expenses of a member of a reserve 
component for any active duty performed by the member in a 
fiscal year in support of the program after the end of that member's 
scheduled period of annual training for that fiscal year.". 
(2) The item relating to section 4313 in the table of sections 
at the beginning of chapter 401 of such title is amended by striking 
out "rifle . 
(d) REPORT.—(1) Chapter 401 of such title is amended by adding 
at the end the following new section: 
*
*
§ 4316. Reporting requirements 
'The Secretary of the Army shall biennially submit to the 
Congress a report that specifies the overall expenditures for pro-
grams and activities under this chapter, including fees charged 
and amounts collected pursuant to subsections (b) and (c) of section 
4308, and any progress made with respect to achieving financial 
self-sufficiency of the programs and activities.**. 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4316. Reporting requirements.". 
(e) EFFECTIVE DATE.—(1) This section and the amendments lo use 4308 
made by this section shall take effect on the earlier of— 
^°^-
(A) the date of the enactment of this Act; or 
(B) October 1,1992. 
(2) If under paragraph (1) the amendments made by this section 
take effect before October 1, 1992, the amendments made by section 
328 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 104 Stat. 1533) shall not take effect. 
(3) If under paragraph (1) the amendments made by this section 
take effect on October 1, 1992, the amendments made by this 
section shall be considered executed immediately following the 
amendments made by section 328 of the National 
Defense 
106 STAT. 2392 
PUBLIC LAW 102-484—OCT. 23, 1992 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1533). 
SEC. 381. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND 
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED 
PRODUCTION AND SERVICES. 
Section 1425(e) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended 
by striking out "September 30, 1992" and inserting in lieu thereof 
"September 30,1993". 
SEC. 382. OPTIONAL DEFENSE DEPENDENTS' SUMMER SCHOOL PRO-
GRAMS. 
Section 1402 of the Defense Dependents' Education Act of 1978 
(title XIV of Public Law 95-561; 20 U.S.C. 921) is amended by 
adding at the end the following new subsection: 
"(dXD The Secretary of Defense may provide optional summer 
school programs in the defense dependents' education system. 
"(2) Tlie Secretary shall provide in regulations for fees to be 
charged for the students enrolling in a summer school program 
under this subsection in amounts determined on the basis of family 
income. 
"(3) The amounts received by the Secretary in payment of 
the fees shall be available to the Department of Defense for defray-
ing the costs of conducting summer school programs under this 
subsection.". 
10 use 113 note. SEC. 383. REVIEW OF MILITARY FUGHT TRAINING ACTIVITIES AT 
CIVILIAN AIRFIELDS. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall provide 
for a review of the practices and procedures of the military depart-
ments regarding the use of civilian aiiiields in flight training activi-
ties of the Armed Forces. 
(b) PURPOSE.—^The purpose of the review is to determine 
whether the practices and procedures referred to in subsection 
(a) should be modified to better protect the public safety while 
meeting training requirements of the Armed Forces. 
(c) SPECIAL REQUIREMENT.—In the conduct of the review, 
particular consideration shall be given to the practices and proce-
dures regarding the use of civilian airfields in heavily populated 
areas. 
SEC. 384. PREFERENCE FOR PROCUREMENT OF ENERGY EFFICIENT 
ELECTRIC EQUIPMENT. 
(a) REQUIREMENT FOR PREFERENCE.—(IXA) Chapter 141 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
*
*
§ 2410c. Preference for energy efficient electric equipment 
"(a) When cost effective, in establishing a new requirement 
for electric equipment referred to in subsection (b) and in procuring 
electric equipment referred to in that subsection, the Secretary 
of a militery department or the head of a Defense Agency, as 
the case may be, shall provide a preference for the procurement 
of the most energy efficient electric equipment available that meets 
the requirement or the need for the procurement, as the case 
may be. 
"(b) Subsection (a) applies to the following electric equipment: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2393 
**(1) Electric lamps. 
"(2) Electric ballasts. 
"(3) Electric motors. 
"(4) Electric refrigeration equipment.". 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"24100. Preference for energy efficient electric equipment.". 
(2) The amendments made by paragraph (1) shall apply to 
procurements for which solicitations are issued on or after the 
date that is 120 days after the date of the enactment of this 
Act. 
(b) ELECTRIC LIGHTING DEMONSTRATION PROGRAM.—(1) 
The 
Secretary of Defense shall conduct a demonstration program for 
using energy efficient electric lighting equipment. 
(2) The Secretary shall designate 50 facilities owned or leased 
by the Department of Defense for participation in the demonstration 
program under this subsection. 
(3) The head of each facility designated pursuant to paragraph 
(2) and the Director of the Defense Logistics Agency shall jointly 
audit the electric lighting equipment at the facility in order— 
(A) to identify any potential improvements that would 
increase the energy efiQciency of electric lighting at that facility; 
and 
(B) to determine the costs of, and the savings that would 
result from, such improvements. 
(4) Except as provided in subsection (dX4), on the basis of 
the results of the audit the head of the facility shall promptly 
convert to the use of electric lighting equipment at the facility 
that is more energy efficient than the existing electric lighting 
equipment to the extent that the conversion is cost effective. 
(5) Energy efiEicient electric lighting equipment used under the 
demonstration program may include compact fluorescent lamps, 
energy efficient electric ballasts and fixtures, and other energy 
efficient electric lighting equipment. 
(c) REFRIGERATION EQUIPMENT DEMONSTRATION PROGRAM.—(1) 
The Secretary of Defense shall conduct a demonstration program 
for using energy efficient refrigeration equipment. 
(2) The Secretary shall designate 50 facilities owned or operated 
by the Department of Defense for participation in the demonstration 
program under this subsection. 
(3) The head of each facility designated pursuant to paragraph 
(2) and the Director of the Defense Logistics Agency shall jointly 
audit the refrigeration equipment at the facility in order— 
(A) to identify any potential improvements that would 
increase the energy efficiency of the refrigeration equipment 
at that facility; ana 
(B) to determine the costs of, and the savings that would 
result from, such improvements. 
(4) Except as provided in subsection (dX4), on the basis of 
the results of the audit the head of the facility shall promptly 
convert to the use of refrigeration equipment at the facility that 
is more energyr efficient than the existing refrigeration equipment 
to the extent mat the conversion is cost efitective. 
(d) GENERAL PROVISIONS FOR DEMONSTRATION PROGRAMS.— 
(1) The Secretary of Defense shall make the designations under 
subsections (bX2) and (cX2) not later than 180 days after the 
date of the enactment of this Act. 
10 u s e 2410c 
note. 
10 u s e 2410c 
note. 
10 u s e 2410c 
note. 
10 u s e 2410c 
note. 
106 STAT. 2394 
PUBLIC LAW 102-484—(XTT. 23, 1992 
(2) The Secretary of Defense may designate a facility described 
in subsections (bX2) and (cX2) for participation in the demonstration 
program imder subsection (b) and the demonstration program under 
subsection (c). 
(3) The audits required by subsections (bX3) and (cX3) shall 
be completed not later man January 1,1994. 
(4) The head of a facility may not carry out a conversion 
described in subsection (bX4) or (cX4) if the conversion prevents 
the head of the facility firom canning out other improvements 
relating to energy efi&ciency that are more cost effective than that 
conversion. 
SEC. 385. PAYMENT OF RESIDENTS OF THE ARMED FORCES RETIRE. 
MENT HOBIE FOR SERVICES. 
(a) AUTHORITY.—Part A of the Armed Forces Retirement Home 
Act of 1991 (title XV of Public Law 101-510; 24 U.S.C. 401 et 
seq.) is amended by adding at the end the following: 
24 use 421. 
'nSEC. 1521. PAYMENT OF RESIDENTS FOR SERVICES. 
"(a) AUTHORITY.—^The Chairman of the Armed Forces Retire-
ment Board is authorized to accept for the Armed Forces Retirement 
Home the part-time or intermittent services of a resident of the 
Retirement Home, to pay the resident for such services, and to 
fix the rate of such pay. 
"(b) EMPLOYMENT STATUS.—A resident receiving pay for serv-
ices authorized under subsection (a) shall not, by reason of perform-
ing such services and receiving pay for such services, be considered 
as— 
"(1) receiving the pay of a position or being employed 
in a position for the purposes of section 5532 of title 5, United 
States Code; or 
"(2) being an employee of the United States for any other 
purpose. 
"(c) DEFINITION.—^In subsection (bXl), the term 'position' has 
the meaning given that term in section 5531 of title 5, United 
States Code.^. 
24 use 421 note. 
(b) FORGIVENESS OF INDEBTEDNESS.—The Chairman of the 
Armed Forces Retirement Board is authorized to cancel the indebt-
edness of any resident of the Armed Forces Retirement Home 
for repayment to the United States of amounts paid the resident 
for services provided to the Retirement Home before the date of 
the enactment of this Act if the Chairman determines that it 
would be in the interest of the United States to do so and against 
equity and good conscience to require the repa3nnent. 
24 use 238 note. SEC. 386. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE 
CIVILIAN 
EMPLOYEES. 
(a) ASSISTANCE AUTHORIZED.—^The Secretary of Defense, in con-
sultation with the Secretary of Education, shall provide financial 
assistance to local educational agencies in States as provided in 
this section. 
(b) SCHOOLS WITH SIGNIFICANT NUMBERS OF MILITARY DEPEND-
r 
ENT STUDENTS.—^The Secretary of Defense shall provide financial 
assistance to an eligible local educational agency described in sub-
section (c) if, without such assistance, that agency will be unable 
(as determined by the Secretary of Defense in consultation with 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2395 
the Secretary of Education) to provide the students in the schools 
of the agency with a level of education that is equivalent to the 
minimum level of education available in the schools of the other 
local educational agencies in the same State. 
(c) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local edu-
cational agency is eligible for assistance under subsection (b) for 
a fiscal year if— 
(1) at least 30 percent (as rounded to the nearest whole 
percent) of the students in average daily attendance in the 
schools of that agency in that fiscal year are military dependent 
students counted under subsection (a) or (b) of section 3 of 
the Act of September 30, 1950 (Public Law 874, Eighty-first 
Congress; 20 U.S.C. 238); or 
(2) by reason of a consolidation or reorganization of local 
educational agencies, the local educational agency is a successor 
of a local educational agency that, for fiscal year 1992— 
(A) was eligible to receive pajonents in accordance 
with Department of Defense Instruction 1342.18, dated 
June 3,1991; and 
(B) satisfied the requirement in paragraph (1). 
(d) ADJUSTMENT PAYMENTS RELATED TO BASE CLOSURES AND 
REALIGNMENTS.—Subject to subsection (g), to assist communities 
in making adjustments resulting from reductions in the size of 
the Armed Forces, the Secretary of Defense shall transfer to the 
Secretary of Education funds to make payments to local educational 
agencies that are entitled to receive under section 3 of the Act 
of September 30, 1950 (Public Law 874, Eighty-first Congress; 
20 U.S.C. 238), pajrments adjusted in accordance with subsection 
(e) of such section by reason of conditions described in subpara-
graphs (A) through (C) of paragraph (1) of such subsection that 
result from closures and realignments of military installations. 
(e) REPORT ON IMPACT OF BASE CLOSURES ON EDUCATIONAL 
AGENCIES.—(1) Not later than February 15 of each of 1993, 1994, 
and 1995, the Secretary of Defense, in consultation with the Sec-
retary of Education, shall submit to Congress a report on the 
local educational agencies affected by the closures and realignment 
of military installations and by redeployments of members of the 
Armed Forces. 
(2) Each report shall contain the following: 
(A) The number of dependent children of members of the 
Armed Forces or civilian employees of the Department of 
Defense who entered the schools of the local educational agen-
cies during the preceding school year as a result of closures, 
realignments, or redeplojmients. 
(B) The nimiber of dependent children of such members 
or employees who withdrew from the schools of the local edu-
cational agencies during that school year as a result of closures, 
realignments, or redeployments. 
(C) The amounts paid to the local educational agencies 
during that year under the Act of September 30, 1950 (Public 
Law 874, Eighty-first Congress; 20 U.S.C. 236 et seq.), or 
any other provision of law authorizing the payment of financial 
assistance to local commvuiities or local educational agencies 
on the basis of the presence of dependent children of such 
members or employees in such communities and in the schools 
of such agencies. 
106 STAT. 2396 
PUBLIC LAW 102-484—OCT. 23, 1992 
(D) The projected transfers of such members and employees 
in connection with closures, realignments, and redeployments 
during the 12-month period beginning on the date of the report, 
including— 
(i) the installations to be closed or realigned; 
(ii) the installations to which personnel will be trans-
ferred 
as 
a 
result 
of closures, 
realignments, 
and 
redeployments; and 
(iii) the effects of such transfers on the number of 
dependent children who will be included in determinations 
with respect to the payment of funds to each affected 
local educational agency under subsections (a) and (b) of 
section 3 of such Act (20 U.S.C. 238). 
(e) DEFINITIONS.—In this section: 
(1) The term "local educational agency" has the meaning 
given that term in section 1471(12) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 2891(12)). 
(2) The term "military dependent student" means a student 
that is— 
(A) a dependent child of a member of the Armed Forces; 
or 
(B) a dependent child of a civilian employee of the 
Department of Defense. 
(3) The term "State" has the meaning given that term 
in section 3(d)(3)(D)(i) of the Act of September 30, 1950 (Public 
Law 874, Eighty-first Congress; 20 U.S.C. 238(d)(3)(D)(i)). 
(f) FUNDING.—Of the amounts appropriated for the Department 
of Defense for operation and maintenance in fiscal year 1993 pursu-
ant to the authorization of appropriations in section 301— 
(1) $50,000,000 shall be available for providing assistance 
to local educational agencies under subsection (b); and 
(2) $8,000,000 shall be available for making payments to 
local educational agencies under subsection (d). 
(g) LIMITATION ON TRANSFER AND OBLIGATION OF FUNDS.— 
(1) The amount made available pursuant to subsection (f)(2) for 
adjustment assistance related to base closures and realignments 
under subsection (d) may be obligated for such adjustment assist-
ance only if expenditures for that adjustment assistance for fiscal 
year 1993 have been determined by the Director of the Office 
of Management and Budget to be counted against the defense 
category of the discretionary spending limits for fiscal year 1993 
(as defined in section 601(aX2) of the Congressional Budget Act 
of 1974) for purposes of part C of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
(2) Not later than the third day after the date of the enactment 
of this Act, the Director of the Office of Management and Budget 
shall make a determination as to the classification by discretionary 
spending limit category for purposes of the Balanced Budget and 
Emergency Deficit Control Act of 1985 of the amount appropriated 
for adjustment assistance related to base closures and realignments 
under subsection (d). If the Director determines that the amount 
shall not classify against the defense category (as described in 
paragraph (1)), then the President shall submit to Congress a 
report stating that the Director has made such a determination 
and the amount that will not classify against the defense category 
and containing an explanation for the determination. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2397 
(3) The amount listed in the report under paragraph (2) may 
be transferred only to the programs under title III other than 
the program under subsection (d) pursuant to amounts specified 
in appropriation Acts. Any such transfer shall be taken into account 
for purposes of calculating all reports imder section 254 of the 
Balanced Budget and Emergency Deficit Control Act of 1985. 
SEC. 387. TREATMENT 
OF STATE EQUALIZATION 
PROGRAMS 
IN 
DETERMINING EUGIBILITY FOR, AND AMOUNT OF, IMPACT 
AID. 
Section 5(d)(2) of the Act of September 30, 1950 (Public Law 
874, Eighty-first Congress; 20 U.S.C. 240(dX2)) is amended— 
(1) by striking the first subparagraph (C) (as added by 
section 330(a) of Public Law 94-482 (90 Stat. 2221)); and 
(2) by adding at the end the following new subparagraph: 
"(D) Any State whose program of State aid was certified by 
the Secretary under subparagraph (C) for fiscal year 1988, but 
whose program was determined by the Secretary under subpara-
graph (CXi) not to meet the requirements of subparagraph (A) 
for one or more of the fiscal years 1989 through 1992— 
"(i) shall be deemed to have met the requirements of 
subparagraph (A) for each of the fiscal years 1989 through 
1992; and 
"(ii) shall not, beginning with fiscal year 1993, and notwith-
standing any other provision of this paragraph, take pa3anents 
under this title into consideration as provided under subpara-
graph (A) for any fiscal year unless the Secretary has previously 
certified such State's program for such fiscal year.". 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—^Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
10 USC 115 note. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30,1993, as follows: 
(1) The Army, 598,900, of whom not more than 88,855 
shall be commissioned officers. 
(2) The Navy, 535,800, of whom not more than 67,455 
shall be commissioned officers. 
(3) The Marine Corps, 181,900, of whom not more than 
18,440 shall be commissioned officers. 
(4) The Air Force, 449,900, of whom not more than 84,970 
shall be commissioned officers. 
SEC. 402. WAIVER AND TRANSFER AUTHORITY. 
10 USC 115 note. 
(a) WAIVER AUTHORITY.—^The Secretary of Defense may waive 
an end strength prescribed in section 401 for any of the Armed 
Forces to the extent that the Secretary considers the waiver nec-
essary to prevent personnel imbalances that would impair the long 
term combat readiness of that armed force. 
(b) TRANSFER AUTHORITY.—(1) Upon determination by the Sec-
retary of Defense that such action is necessary in order to prevent 
involuntary separations from the Armed Forces that would other-
wise be necessary solely for the purpose of reducing the size of 
the Armed Forces below the authorized end strengths prescribed 
in section 401, the Secretary may transfer amounts appropriated 
to the Department of Defense pursuant to authorizations of appro-
106 STAT. 2398 
PUBLIC LAW 102-484—OCT. 23, 1992 
priations in this division for fiscal year 1993. Amounts so trans-
ferred shall be merged with and be available for the same purposes 
as the appropriations to which transferred. 
(2) A transfer made from one appropriation account to another 
under the authority of this section shall be deemed to increase 
the amoimt authorized for the appropriation account to which trans-
ferred by the amount transferred. 
(3) The Secretary of Defense shall promptly notify Congress 
of transfers made under the authority of this subsection. 
SEC. 403. LIMITED EXCLUSION OF JOINT SERVICE REQUIREMENTS 
FROM A LIMITATION ON THE STRENGTHS FOR GENERAL 
AND FLAG OFFICERS ON ACTIVE DUTY. 
(a) EXCLUSION.—Section 526 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(c) LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS.—(1) 
The Chairman of the Joint Chiefs of Staff may designate up to 
12 general officer and flag officer positions that are joint duty 
assignments for purposes of chapter 38 of this title for exclusion 
from the limitations in subsection (a) that are applicable on and 
after October 1, 1995. Officers in positions so designated shall 
not be counted for the purposes of those limitations. 
"(2) This subsection shall cease to be effective on October 1, 
1998.". 
(b) TECHNICAL AMENDMENT.—Subsection (b) of such section 
is amended by striking out "(b)" and inserting in lieu thereof "(b) 
TRANSFERS BETWEEN SERVICES.—". 
10 use 661 note. SEC. 404. STUDY OF DISTRIBUTION OF GENERAL AND FLAG OFFICER 
POSITIONS IN JOINT DUTY ASSIGNMENTS. 
(a) STUDY.—^The Secretary of Defense shall conduct a study 
of whether joint organizations of the Department of Defense are 
fully staffed with the appropriate number of general and flag offi-
cers. For such purpose, the Secretary, as part of the study, shall— 
(1) identify and validate requirements for general and flag 
officer joint positions; 
(2) evaluate the process of reallocating general and flag 
officer positions when either new joint duty position require-
ments are identified or requirements for existing joint duty 
positions are terminated; and 
(3) evaluate the process of identifjdng and assigning general 
and flag officers to joint positions. 
(b) REPORT.—^Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report on the results of the study. The report shall include— 
(1) the findings, conclusions, and recommendations of the 
study; 
(2) a description of any actions taken by the Secretary 
based on the results of the study; and 
(3) any recommendations for legislation that the Secretary 
considers appropriate based on the results of the study. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2399 
Subtitle B—^Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
10 USC 261 note. 
(a) IN GENERAL.—^The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30,1993, as follows: 
(1) The Army National Guard of the United States, 422,725. 
(2) The Army Reserve, 279,616. 
(3) The Naval Reserve, 133,675. 
(4) The Marine Corps Reserve, 42,315. 
(5) The Air National Guard of the United States, 119,300. 
(6) The Air Force Reserve, 82,300. 
(7) The Coast Guard Reserve, 15,150. 
(b) INCREASES IN END STRENGTHS.—The Secretary of Defense 
may increase an end strength authorized by subsection (a) by not 
more than 2 percent. 
(c) LIMITATION ON REDUCTIONS IN END STRENGTHS.—(1) Except 
as provided in paragraph (2), the number of Selected Reserve 
personnel of any of uie reserve components as of September 30, 
1993, may not be below the number authorized in subsection (a) 
for ^at reserve component. 
(2) The Secretary of Defense may authorize a reduction in 
the number appUcable to anv of the reserve components under 
paragraph (1) by not more man 0.5 percent if the Secretary of 
the military department concerned determines that such a reduction 
is necessary in order to permit the early and timely release of 
members who seek such release before the end of the fiscal year. 
(d) ADJUSTMENTS.—^The end strengths prescribed by subsection 
(a) for the Selected Reserve of any reserve component shall be 
proportionately reduced by— 
(1) the total authorized strength of imits organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year, and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or ror unsatisfactory participation in training) without their 
consent at the end or the 
fiscal 
year. 
Whenever such imits or such individual members are released 
firom active duty during any fiscal year, the end strength prescribed 
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately increased by the total authorized 
strengths of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP- 
10 USC 261 note. 
PORT OF THE RESERVE COMPONENTS. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 1993, the following number of Reserves to be serving 
on fiill-time active duty on in the case of members of the Nationiu 
Guard, fiill-time National Guard dut^ for the purpose of organizing, 
administering, recruiting, instructmg, or training the reserve 
components: 
(1) The Army National Guard of the United States, 24,736. 
106 STAT. 2400 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) The Army Reserve, 12,637. 
(3) The Naval Reserve, 21,490. 
(4) The Marine Corps Reserve, 2,285. 
(5) The Air National Guard of the United States, 9,106. 
(6) The Air Force Reserve, 636. 
10 use 261 note. SEC. 413. RESERVE COMPONENT FORCE STRUCTURE. 
(a) REQUIREMENT TO PRESCRIBE RESERVE COMPONENT FORCE 
STRUCTURE.—^The Secretary of each military department shall pre-
scribe a force structure allowance for each reserve component under 
the jurisdiction of the Secretary. Each such force structure allow-
ance for a reserve component— 
(1) shall be consistent with, but in no case include a number 
of personnel spaces that is less than, the authorized end 
strength for that component; and 
(2) shall be prescribed in accordance with historic service 
policies. 
(b) DEFINITION.—^For purposes of this section, the term "force 
structure allowance" means the number and types of units and 
organizations, and the number of authorized personnel spaces allo-
cated to those units and organizations, in a military force. 
Subtitle C—^Military Training Student Loads 
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS. 
(a) IN GENERAL.—For fiscal year 1993, the Armed Forces are 
authorized average military training student loads as follows: 
(1) The Army, 85,475. 
(2) The Navy, 51,371. 
(3) The Marine Corps, 18,831. 
(4) The Air Force, 33,164. 
(5) The Defense Agencies, 4,740. 
(b) ADJUSTMENTS.—^The average military training student loads 
authorized in subsection (a) shall be adjusted consistent with the 
end strengths authorized in subtitles A and B. The Secretary of 
Defense shall prescribe the manner in which such adjustments 
shall be apportioned. 
Subtitle D—Limitations 
SEC. 431. REDUCTION IN NUMBER OF PERSONNEL CARRYING OUT 
RECRUITING ACTIVITIES. 
(a) FISCAL YEAR 1994 LiMiTATiON.^The number of members 
of the Armed Forces on September 30, 1994, who are serving 
on full-time active duty or full-time National Guard dut^ and who, 
as a primary duty, carry out personnel recruiting activities may 
not exceed the number equal to 90 percent of the number of mem-
bers of the Armed Forces who, as a primary duty, carried out 
personnel recruiting activities while serving on full-time active duty 
or full-time National Guard duty on September 30, 1992. 
(b) FISCAL YEAR 1993 IMPLEMENTATION.—The Secretary of 
Defense shall ensure that the number of such personnel who, as 
a primary duty, carry out such activities is reduced appropriately 
during fiscal year 1993 to achieve the reduction required as of 
the end of fiscal year 1994. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2401 
SEC. 
432. 
NAVY 
CBAFT 
OF 
OPPORTUNTIY 
(COOP) 
PROGRAM. 
The Secretiury of the Navy shall ensure that none of the end 
strength reduction projected for the Naval Reserve in this Act 
shall be derived firom personnel authorizations assigned to the 
Craft of Opportiinity mission. The number of personnel authoriza-
tions assigned to tnat mission shall be maintained at not less 
than the level in effect on September 30,1991. 
SEC. 433. AUTHORIZATION OF APPROPRIATIONS FOR BOLITARY 
PERSONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 1993 a total 
of $76,511,000,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for 
fiscal 
year 1993. 
TITLE V—MILITARY PERSONNEL POLICY 
SEC. 500. REFERENCE TO PERSONNEL POUCY PROVISIONS IN TITLE 
XUV. 
For provisions of this Act providing transition enhancements 
and other personnel benefits for the active forces relating to the 
defense drawdown, see subtitle A of title XLIV (sections 4401-
4408). For provisions of this Act providing transition enhancements 
and other personnel benefits for the Guard and Reserve forces 
relating to the defense drawdown, see subtitle B of title XLIV 
(sections 4411-4422). 
Subtitle A—Officer Personnel Policy 
SEC. 501. REPORTS ON PLANS FOR OFFICER ACCESSIONS AND 
ASSIGNMENT OF JUNIOR OFFICERa 
(a) REPORT ON PLANNED OFFICER ACCESSIONS.—(1) The Sec-
retary of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the plans 
of the military departments for the procurement of officer personnel 
during each of 
fiscal 
years 1993 through 1997. 
(2) The report shall contain for each fiscal year for each military 
department the following: 
(A) For each program of officer training resulting in a 
commission, the number of persons to be commissioned. 
(B) Of the persons to be commissioned under the Reserve 
Officer Training Corps program, the number of persons receiv-
ing scholarships under that program and the number of persons 
not receiving scholarships under the program. 
(C) Of me number of persons to be commissioned— 
(i) the number necessary to meet immediate needs 
for active component personnel; 
(ii) the number necessanr to meet immediate needs 
for personnel for the Selected Reserve of the Ready Reserve 
of the reserve components; and 
(iii) the number that will be assigned directly into 
the Individual Ready Reserve of the reserve components. 
(b) REPORT ON PLANNED OFFICER ASSIGNMENTS.—The Secretcuy 
of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the types 
of assignments that the military departments plan for the commis-
106 STAT. 2402 
PUBLIC LAW 102-484—OCT. 23, 1992 
sioned officers who commence active duty for their initial period 
of obligated active duty service during each of fiscal years 1993 
through 1997 after being commissioned upon completion of an officer 
training program, stated by officer training program. The report 
shall contain an analysis of the number of ofincers that are to 
be assigned for skills training and the nimiber of officers that 
are to be assigned directly to occupational positions. 
(c) SUBMISSION OF REPORTS.—The reports required by sub-
sections (a) and (b) shall be submitted together not later than 
April 1,1993. 
10 use 521 note. SEC. S02. EVALUATION OF EFFECTS OF OFFICER STRENGTH REDUC-
TIONS ON OFFICER PERSONNEL MANAGEMENT SYSTEMS. 
(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall 
provide for a federally funded research and development center 
that is independent of the military departments to review the 
officer personnel management system of each of the military depart-
ments and to determine and evaluate the effects of the post-Cold 
War officer strength reductions on that officer personnel manage-
ment system. 
(b) MATTERS TO BE CONSIDERED.—The review and evaluation 
shall include, for the officer personnel management system of each 
military department, the effects of the officer strength reductions 
on the following: 
(1) The timing and opportunities for officer promotions. 
(2) The expected lengths of officer careers. 
(3) Other features of the officer personnel management 
system under the Defense Officer Personnel Management Act 
(Public Law 96-513), including the provisions of law added 
and amended by that Act. 
(4) Any other aspect of the officer personnel management 
system that the federally funded research and development 
center personnel conducting the review and evaluation consider 
appropriate or as directed by the Secretory of Defense. 
(c) REPORT.—Not later than December 31, 1993, the federally 
funded research and development center shall submit to the Sec-
retory of Defense a report on the resulto of the review and evalua-
tion. Within 60 days aRer receiving the report, the Secretory shall 
transmit the report to the Committees on Anned Services of the 
Senate and House of Representotives. The Secretory may submit 
to such committoes any commento that the Secretory considers 
appropriato regarding the mattors contoined in the report. 
(d) FUNDING.—Funds appropriated for 
fiscal 
year 1993 pursuant 
to title II and made available for federally funded research and 
development centers shall be available for the conduct of the review 
and evaluation luider this section. 
SEC. 503. SUBMISSION OF EUGmiUTY USTS TO SELECTIVE EARLY 
RETIREMENT BOARDS. 
Section 638a(c) of title 10, United Stotos Code, is amended 
by adding at the end the following: 
"(3) In the case of an action under subsection (bX2), the Sec-
retory of the militory department concerned may submit to a selec-
tion board convened pursuant to that subsection— 
"(A) the names of all eligible officers described in that 
subsection in a particular grade and competitive catogory; or 
"(B) the names of all eligible officers described in that 
subsection in a particular grade and competitive catogory who 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2403 
are also in particular year groups, specialties, or retirement 
categories, or any combination thereof, within that competitive 
category.". 
SEC. S04. RETIREMENT OF CERTAIN LIMITED DUTY OFFICERS OF THE 
NAVY. 
(a) REGULAR NAVY COMMANDERS.—Section 633 of title 10, 
United States Code, is amended by adding at the end the following: 
"During the period beginning on July 1,1993, and ending on October 
1, 1995, the preceding sentence shall not apply to an officer of 
the Navy designated for limited duty to whom section 6383 of 
this title applies.". 
(b) REGULAR NAVY CAPTAINS.—Section 634 of title 10, United 
States Code, is amended by adding at the end the following: "During 
the period beginning on July 1, 1993, and ending on October 1, 
1995, the preceding sentence shall not apply to an officer of the 
Regular Navy designated for limited duty to whom section 
6383(aX4) of this title applies.". 
(c) MAXIMUM TENURE.—Subsection (a) of section 6383 of title 
10, United States Code, is amended— 
(1) by inserting "(1)" after "(a)"; and 
(2) by adding at the end the following new paragraphs: 
"(2) Except as provided in subsection (i), each regular officer 
of the Navy designated for limited duty who is serving in the 
grade of commander, has failed of selection for promotion to the 
grade of captain for the second time, and is not on a list of officers 
recommended for promotion to the grade of captain shall— 
"(A) if eligible for retirement as a commissioned officer 
under any provision of law, be retired under that provision 
of law on the date requested by the officer and approved by 
the Secretary of the Navy, except that the date of retirement 
may not be later than^ the first day of the seventh month 
beginning after the month in which the President approves 
the report of the selection board in which the officer is consid-
ered as having failed for promotion to the grade of captain 
for a second time; or 
"(B) if not eligible for retirement as a commissioned officer, 
be retired on the date requested by the officer and approved 
by the Secretary of the Navy after the officer becomes eligible 
for retirement as a commissioned officer, except that the date 
of retirement may not be later than the first day of the seventh 
calendar month beginning after the month in which the officer 
becomes eligible for retirement as a commissioned officer. 
"(3) Except as provided in subsection (i), if not retired earlier, 
a regular officer of the Navy designated for limited duty who is 
serving in the grade of commander and is not on a list of officers 
recommended for promotion to the grade of captain shall be retired 
on the last day of the month following the month in which the 
officer completes 35 years of active naval service, exclusive of active 
duty for training in a reserve component. 
"(4) Except as provided in subsection (i), each regular officer 
of the Navy designated for limited duty who is serving in the 
grade of captain shall, if not retired sooner, be retired on the 
last day of the month following the month in which the officer 
completes 38 years of active naval service, exclusive of active duty 
for training in a reserve component. 
59-194 O—93 
20:QL3(Pt. 3) 
106 STAT. 2404 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(5) Paragraphs (2) through (4) shall be effective only during 
the period beginning on July 1, 1993, and ending on October 1, 
1995.". 
(d) LIMITATION ON DEFERRED RETIREMENT.—Subsection (i) of 
section 6383 of such title is amended by adding at the end the 
following: 'T)uring the period beginning on July 1, 1993, and ending 
on October 1,1995, an officer of the Navy in the grade of commander 
or captain whose retirement is deferred imder this subsection and 
who is not subsequently promoted may not be continued on active 
duty beyond age 62 or, if earlier, 28 years of active commissioned 
service if in the grade of commander or 30 years of active commis-
sioned service if in the grade of captain.". 
SEC. SOS. APPOINTMENT OF CHIROPRACTORS AS COMMISSIONED 
OFFICERS. 
(a) ARMY.—Section 3070 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by adding at the end the following 
new paragraph: 
"(5) The Chiropractic Section."; 
(2) in subsection (c), by striking out "four assistant chiefs" 
and inserting in lieu thereof "up to five assistant chiefs"; and 
(3) by adding at the end the following new subsection: 
"(d) Chiropractors who are qualified xuider regulations pre-
scribed by the Secretary of the Army may be appointed as commis-
sioned officers in the Chiropractic Section of the Army Medical 
Specialist Corps.". 
(b) NAVY.—(1) Chapter 513 of such title is amended by inserting 
after section 5138 the following new section: 
^§ 5139. Appointment of chiropractors in the Medical Service 
Corps 
"Chiropractors who are qualified under regulations prescribed 
by the Secretary of the Navy may be appointed as commissioned 
officers in the Medical Service Corps of the Navy.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting aft;er the item relating to section 5138 
the following new item: 
"5139. Appointment of chiropractors in the Medical Service Corps.". 
(c) AIR FORCE.—Section 8067(f) of such title is amended by 
inserting "and chiropractic functions" after "physician assistant 
functions". 
10 use 3070 
(d) DEADLINE FOR REGULATIONS.—The regulations required to 
be prescribed by the amendments made by this section shall be 
prescribed not later than 180 days after the date of the enactment 
of this Act. 
SEC. 506. CLARIFICATION OF MINIMUM SERVICE REQUIREMENTS FOR 
CERTAIN FLIGHT CREW POSITIONS. 
(a) MINIMUM REQUIREMENTS.—Section 653 of title 10, United 
Stetes Code, is amended— 
(1) in subsections (a) and (b), by striking out "active dutv 
obligation" and inserting in lieu thereof "service obligation ; 
and 
(2) in subsection (c), by striking out "the term 'active duty 
obligation' means the period of active duty" and inserting in 
lieu thereof "the term 'service obligation' means the period 
note. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2405 
of active duty or, in the case of a member of a reserve compo-
nent who completed flight training in an active duty for traimng 
status as a member of a reserve component, the period of 
service in an active status in the Selected Keserve". 
(b) EFFECTIVE DATE.—^The amendments made by subsection lo use 653 note, 
(a) shall take effect as of November 29,1989. 
SEC. 507. ONE-YEAR EXTENSION OF AUTHORITY FOR TEMPORARY 
PROMOTIONS OF CERTAIN NAVY LIEUTENANTS. 
Effective as of September 29, 1992, section 5721 of title 10, 
United States Code, is amended by striking out "September 30, 
1992" in subsection (f) and inserting in lieu thereof "September 
30,1993". 
Subtitle B—^Reserve Component Matters 
SEC. 511. PILOT PROGRAM FOR ACTIVE COMPONENT SUPPORT OF 
RESERVES. 
(a) REPEAL OF FISCAL YEAR 1992 DEADLINE.—Section 521 of 
the National Defense Authorization Act for Fiscal Years 1992 and 
1993 (PubUc Law 102-190; 105 Stat. 1361) is repealed. 
(b) PERSONNEL TO BE ASSIGNED.—Section 414 of such Act 
(105 Stat. 1352) is amended— 
10 use 261 note. 
(1) in subsection (a), by striking out "fiscal year 1993" 
and inserting in lieu thereof "fiscal years 1992 and 1993"; 
(2) in subsection (cX2), by striking out "1,300 officers as 
advisers to combat units and 700 officers as advisers to combat 
support units and combat service support units" and inserting 
in lieu thereof "2,000 members as advisers to combat units, 
combat support units, and combat service support units"; 
(3) in subsection (cX3)— 
(A) by striking out "officers" and inserting in lieu 
thereof "members"; 
(B) by striking out "in fiscal year 1993" and inserting 
in lieu thereof "during fiscal years 1992 and 1993"; and 
(C) by striking out "section 401(bXl)'' and inserting 
in Ueu thereof "section 401"; and 
(4) in subsection (d), by striking out "may expand" and 
all that follows and inserting in lieu thereof shall by April 
1, 1993, submit to the Conmiittees on Armed Services of the 
Senate and House of Representatives a report containing the 
Secretary's evaluation oi the program to that date. As part 
of the budget submission for fiscal year 1995, the Secretary 
shall submit any recommendations for expansion or modifica-
tion of the program. In no case may the number of active 
duty personnel assigned to the program decrease below the 
number specified for the pilot program.". 
SEC. 512. LIMITATION ON NUMBER OF FULL-TIME RESERVE PERSON-
NEL WHO MAY BE ASSIGNED TO ROTC DUTY. 
Section 690 of title 10, United States Code, is amended— 
(1) by striking out "A member of a reserve component" 
and inserting in lieu thereof "The number of members of the 
reserve components"; 
(2) by striking out "may not be assigned" and inserting 
in lieu thereof "who are assigned"; and 
(3) by striking out the period at the end and inserting 
in lieu thereof "may not exceed 200.". 
note, 
106 STAT. 2406 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. S13. REPORT CONCERNING CERTAIN ACTIVE ARMY COMBAT 
SUPPORT AND COMBAT SERVICE SUPPORT POSITIONS. 
(a) FINDING.—^The Congress finds that the force structure of 
the active component of the Army contains approximately 13,700 
positions for personnel having missions to provide combat support 
and combat service support to inactivatea Army units formerly 
stationed in Europe and the continental United States. 
(b) REPORT REQUiRED.^Section 402(cXl) of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public 
10 use 115a 
Law 102-190; 105 Stat. 1350) is amended by adding at the end 
the following: 
"(E) An assessment of the effect on combat readiness of 
realigning the missions referred to in subsection (a) to the 
reserve components of the Army, including an assessment on 
the capability of the early deploying contingency corps of a 
range of different mixes of active and reserve component combat 
support and combat service support units.". 
SEC. 614. PREFERENCE IN GUARD AND RESERVE AFFILIATION FOR 
VOLUNTARILY SEPARATED MEMBERS. 
Section 1150(a) of title 10, United States Code, is amended 
by striking out "involiuitarily". 
SEC. 51S. TECHNICAL CORRECTION AND CODIFICATION OF REQUIRE-
MENT OF BACCALAUREATE DEGREE FOR APPOINTMENT 
OR PROMOTION OF RESERVE OFFICERS TO GRADES 
ABOVE FIRST LIEUTENANT OR LIEUTENANT (JUNIOR 
GRADE). 
(a) IN GENERAL.—Chapter 34 of title 10, United States Code, 
is amended by inserting after section 595 the following new section: 
^§596. Commissioned officers: appointment; educational 
requirement 
**(a) IN GENERAL.—^After September 30, 1995, no person may 
be appointed to a grade above the grade of first lieutenant in 
the Army Reserve, Air Force Reserve, or Marine Corps Reserve 
or to a grade above the grade of lieutenant (junior grade) in the 
Naval I^serve, or be federally recognized in a grade above the 
grade of first lieutenant as a member of the Army National Guard 
or Air National Guard, imless that person has been awarded a 
baccalaureate degree by an accredited educational institution. 
"(b) EXCEPTIONS.—Subsection (a) does not apply to the 
following: 
"(1) The appointment to or recognition in a higher grade 
of a person who is appointed in or assigned for service in 
a health profession for which a baccalaureate degree is not 
a condition of original appointment or assignment. 
"(2) The appointment in the Naval Reserve or Marine Corps 
Reserve of an individual appointed for service as an officer 
designated as a limited duty officer. 
(3) The appointment in the Naval Reserve of an individual 
appointed for service under the Naval Aviation Cadet 
(NAVCAD) program. 
"(4) The appointment to or recognition in a higher grade 
of any person who was appointed to, or federally recognized 
in, tiie grade of captain or, in the case of the Navy, lieutenant 
before October 1,1995.". 
note. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2407 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 595 the following new item: 
"596. Commissioned officers: appointment; educational requirement.". 
SEC. 516. DISABILITY RETIRED OR SEVERANCE PAY FOR RESERVE 
MEMBERS DISABLED WHILE TRAVELING TO OR FROM 
TRAINING. 
(a) CONFORMANCE WITH OTHER PROVISIONS OF LAW.—Sections 
1204(2) and 1206(4) of title 10, United States Code, are amended 
by inserting after "inactive-duty training" the following: "or of 
traveling directly to or from the place at which such duty is 
performed". 
(b) EFFECTIVE DATE.—The amendments made by subsection lo use 1204 
(a) shall take effect with respect to disabilities incurred on or 
after November 14, 1986, but any benefits or services payable 
by reason of the applicability of those amendments during the 
period beginning on November 14, 1986, and ending on the date 
of the enactment of this Act shall be subject to the availability 
of appropriations. 
SEC. 517. 
SERVICE CREDIT FOR CONCURRENT ENLISTED 
ACTIVE 
DUTY 
SERVICE 
PERFORMED 
BY 
ROTC 
MEMBERS 
WHILE 
IN 
THE SELECTED 
RESERVE. 
(a) AMENDMENTS TO TITLE 10.—(1) Section 2106(c) of title 10, 
United States Code, is amended by striking out the period at 
the end and inserting in lieu thereof ", other than any period 
of enlisted service while serving on active duty other than for 
training after July 31, 1990, while a member of the Selected 
Reserve.". 
(2) Section 2107(g) of such title is amended by striking out 
the period at the end and inserting in lieu thereof ", other than 
concurrent enlisted service while serving on active duty other than 
for training after July 31, 1990, while a member of the Selected 
Reserve.". 
(b) AMENDMENT TO TITLE 37.—Subsection (d) of section 205 
of title 37, United States Code, is amended to read as follows: 
"(d) Notwithstanding subsection (a), a commissioned officer may 
not count in computing basic pay a period of service after October 
13, 1964, that the officer performed concurrently as a member 
of the Senior Reserve Officers' Training Corps, except that service 
£ifter July 31, 1990, that the officer performed while serving on 
active duty other than for training as an enlisted member of the 
Selected Reserve may be so coimted.". 
SEC. 518. LIMITATION ON REDUCTION IN NUMBER OF RESERVE 10 USC 261 note. 
COMPONENT MEDICAL PERSONNEL. 
(a) LIMITATION.—^The Secretary of Defense may not reduce the 
number of medical personnel in any reserve component below the 
number of such personnel in that reserve component on Septem-
ber 30,1992. 
(b) DEFINITION.—In subsection (a), the term "medical personnel" 
has the meaning given that term in section 115a(gX2) of title 
10, United States Code. 
note. 
106 STAT. 2408 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. S19. ONE-YEAR EXTENSION OF CERTAIN RESERVE OFFICER 
MANAGEMENT PROGRAMS. 
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN RESERVE 
MEDICAL OFFICERS.—Sections 3359(b) and 8359(b) of title 10, 
United States Code, are each amended by striking "September 
30,1992" and inserting in lieu thereof "September 30,1993". 
(b) PROMOTION AUTHORITY FOR CERTAIN RESERVE OFFICERS 
SERVING ON ACTIVE DUTY.—Sections 3380(d) and 8380(d) of such 
title are each amended by striking out "September 30, 1992" and 
inserting in lieu thereof "September 30,1993 . 
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER TO THE 
RETIRED RESERVE.—Section 1016(d) of the Department of Defense 
Authorization Act, 1984 (10 U.S.C. 3360 note) is amended by strik-
ing out "September 30, 1992" and inserting in lieu thereof "Septem-
ber 30,1993". 
1
0 use 3359 
(d) EFFECTIVE DATE.—(1) The amendments made by this section 
"°*® 
shall take effect as of September 30,1992. 
1^ Y^c 3380 
(2) If the date of the enactment of this Act is after September 
30, 1992, the Secretary of the Army or the Secretary of the Air 
Force, as appropriate, shall provide, in the case of a Reserve officer 
appointed to a higher grade on or after the date of the enactment 
of this Act under an appointment described in paragraph (3), that 
the date of rank of such ofiRcer \mder that appointment shall 
be the date of rank that would have applied to the appointment 
had the authority referred to in that paragraph not lapsed. 
1
0 use 3380 
(3) An appointment referred to in paragraph (2) is an appoint-
"°*® 
ment under section 3380 or 8380 of title 10, United States Code, 
that (as determined by the Secretary concerned) would have been 
made during the period beginning on October 1, 1992, and ending 
on the date of the enactment of this Act had the authority to 
make appointments under that section not lapsed during such 
period. 
SEC. S20. LIMITATION ON REENUSTMENT EUGrnxLiTY FOR CERTAIN 
FORMER RESERVE OFFICERS OF ARMY AND AIR FORCE. 
(a) LIMITATION FOR THE ARMY.—Section 3258 of title 10, United 
States Code, is amended— 
(1) by inserting "(a)" before "Any"; 
(2) by striking out the last sentence; and 
(3) by adding at the end the following new subsection 
(b): 
"(b) A person is not entitled to be reenlisted imder this section 
i
f
— 
"(1) the person was discharged or released from active 
duty as a Reserve officer on the basis of a determination o
f
— 
"(A) misconduct; 
"(B) moral or professional dereliction; 
"(C) duty performance below prescribed standards for 
the grade held; or 
"(D) retention being inconsistent with the interests 
of national security; or 
"(2) the person's former enlisted stetus and grade was 
based solely on the participation by that person in a 
precommissioning program that resulted in the Reserve 
commission held by that person during the active duty from 
which the person was released or discharged.". 
note. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2409 
(b) LIMITATION FOR THE AIR FORCE.—Section 8258 of such 
title is amended— 
(1) by inserting "(a)" before "Any"; 
(2) by striking out the last sentence; and 
(3) by adding at the end the following new subsection 
(b): 
"(b) A person is not entitled to be reenlisted under this section 
i
f
— 
"(1) the person was discharged or released from active 
duty as a Reserve officer on the basis of a determination o
f
— 
"(A) misconduct; 
"(B) moral or professional dereliction; 
"(C) duty performance below prescribed standards for 
the grade held; or 
"(D) retention being inconsistent with the interests 
of national security; or 
"(2) the person's former enlisted status and grade was 
based solely on the participation by that person in a 
precommissioning program that resulted in the Reserve 
commission held by that person during the active duty from 
which the person was released or discharged.". 
(c) APPLICABILITY.—^The amendments made by subsections (a) l^^Y^^ ^^58 
and (b) shall apply to persons discharged or released from active 
duty as commissioned officers in the Army Reserve or the Air 
Force Reserve, respectively, after the date of the enactment of 
this Act. 
Subtitle C—Service Academies 
SEC. 521. REPEAL OF REQUIREMENT THAT DEANS AT UNITED STATES 
MIUTARY ACADEMY AND AIR FORCE ACADEMY BE GEN-
ERAL OFFICERS. 
(a) DEAN OF ACADEMIC BOARD AT THE MILITARY ACADEMY.— 
Section 4335 of title 10, United States Code, is amended by striking 
out subsection (c). 
(b) DEAN OF THE FACULTY AT THE AIR FORCE ACADEMY.— 
Section 9335 of such title is amended— 
(1) in subsection (a), by striking out "(a)"; and 
(2) by striking out subsection (b). 
SEC. 522. ACADEMY PREPARATORY SCHOOLS. 
Not later than April 1, 1993, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a plan to make the operation of the 
preparatory schools of the United States Military Academy, the 
United States Naval Academy, and the United States Air Force 
Academy more efficient and cost effective. In preparing the plan, 
the Secretary shall consider the recommendations contained in the 
report of the Comptroller General, dated March 13, 1992, regarding 
such preparatory schools. 
SEC. 523. COMPOSITION OF FACULTIES AT UNITED STATES MILITARY 
ACADEMY AND AIR FORCE ACADEMY. 
(a) CIVILIAN FACULTY AT MILITARY ACADEMY.—Section 4331 
of title 10, United States Code, is amended by adding at the end 
the following new subsection: 
106 STAT. 2410 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(cXD The Secretary of the Army may employ as many civilians 
as professors, instructors, and lecturers at the Academy as the 
Secretary considers necesseury. 
"(2) The compensation of persons employed under this sub-
section shall be as prescribed by the Secretary. 
"(3) The Secretary may delegate the authority conferred by 
this subsection to any person in the Department of the Army 
to the extent the Secretary considers proper. Such delegation may 
be made with or without the authority to make successive 
redelegations.". 
(b) CIVILIAN FACULTY AT AIR FORCE ACADEMY.—Section 9331 
of title 10, United States Code, is amended by adding at the end 
the following new subsection: 
"(cXD The Secretary of the Air Force may employ as many 
civilians as professors, instructors, and lecturers at the Academy 
as the Secretary considers necessary. 
"(2) The compensation of persons employed under this sub-
section shall be as prescribed by the Secretary. 
"(3) The Secretary may delegate the authority conferred by 
this subsection to any person in the Department of the Air Force 
to the extent the Secretary considers proper. Such delegation may 
be made with or without the authority to make successive 
redelegations.". 
(c) PROPOSED LEGISLATION TO INCREASE CIVILIAN FACULTY 
MEMBERS.—^Not later than April 1, 1993, the Secretary of Defense 
shall transmit to the Committees on Armed Services of the Senate 
and House of Representatives recommended legislation for— 
(1) increasing the number of civilians on the faculty at 
the United States Military Academy and the United Stisites 
Air Force Academy; and 
(2) reducing the number of officers of the Armed Forces 
assigned or appointed as permanent faculty at the United 
States Military Academy and the United States Air Force Acad-
emy. 
SEC. 524. NONINSTRUCTIONAL STAFF AT SERVICE ACADEMIES. 
(a) 
REVIEW OF NONINSTRUCTIONAL STAFF POSITIONS.—The 
Inspector Greneral of the Department of Defense shall conduct a 
management audit of the noninstructional staff positions at the 
United States Military Academy, the United States Naval Academy, 
and the United States Air Force Academy to determine which 
positions are absolutely essential for the accomplishment of the 
mission of these service academies and the maintenance of the 
quality of life at these service academies. 
(b) REPORT ON RESULTS OF REVIEW.—Not later than June 1, 
1993, the Secretary of Defense shall submit to Congress a report 
specifying those actions taken or proposed to be taken as a result 
of the management audit required by subsection (a). 
SEC. 525. AUTHORITY OF UNITED STATES MILITARY ACADEMY TO 
CONFER THE DEGREE OF MASTER OF ARTS IN LEADER-
SHIP DEVELOPMENT. 
Upon the recommendation of the faculty of the United States 
Military Academy, the Superintendent of the Academy may confer 
the degree of master of arts in leadership development upon persons 
who— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2411 
(1) before the date of the enactment of this Act, graduated 
from the proeram in leadership development offered at the 
Academy and mlfilled the requirements for the degree; or 
(2) as of that date, are enrolled in the program in leadership 
development offered at the Academy and subsequently graduate 
from the program and fulfill the requirements for the degree. 
Subtitle D—Education and Training 
SEC. 531. BEPORT ON PABTICIPATION OF RESERVE PERSONNEL IN 
AIR FORCE UNDERGRADUATE PILOT TRAINING PROGRAM. 
(a) REPORT.—^The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the undergraduate pilot training pro-
gram of the Air Force. In the report we Secretary shall set forth 
the Secretary's determination as to whether pilot candidate partici-
pation firom the reserve components is necessary in order for the 
Air Force to meet pilot reauirements after fiscal year 1995. A 
report shall be submitted not later than Februanr 1,1993. 
(b) LIMITATION.—^The Secretary of the Air Force may not sched-
ule any member of a reserve component for undergraduate pilot 
training until the report required by subsection (a) is submitted. 
SEC. 632. ROTC SCHOLARSHIPS FOR NATIONAL GUARD. 
(a) 
DESIGNATION OF SCHOLARSHIPS FOR ARMY NATIONAL 
GUARD.—Section 2107(h) of title 10, United States Code, is 
amended— 
(1) by inserting "(l)" after "(h)"; and 
(2) by adding at the end the following: 
''(2) Of the total number of cadets appointed in the financial 
assistance programs under this section in any year, not less than 
100 shall be designated for placement in the program of the Army 
for service upon commissioning in the Army National Guard, of 
which one-half shall be for financial assistance awarded for a period 
of two years and the remainder shall be for financial assistance 
awarded for a period of four years. A cadet who receives financial 
assistance under this paragraph and is commissioned in the Army 
National Guard shall perform service as provided in subsection 
(bX5XB) and may not be accepted for service on active duty pursuant 
to the member's voluntary application until the completion of the 
period of service prescribed in that subsection. The Secretary of Regulations. 
the Army shall prescribe regulations to ensure a geographical dis-
tribution of the cadets who receive financial assistance under this 
paragraph.". 
(b) EFFECTIVE DATE.—The amendments made by subsection lo use 2107 
(a) shall take effect on January 1,1993. 
"°^ 
SEC. 533. JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM. 
(a) INCREASE IN AUTHORIZED NUMBER OF UNITS.—Subsection 
(a) of section 2031 of title 10, United States Code, is amended 
in the second sentence by striking out "1,600" and inserting in 
lieu thereof "3,500". 
(b) 
PUIUPOSE OF PROGRAM.—Such subsection is further 
(1) by inserting "(1)" after "(ar; and 
(2) by adding at the end the following new paragraph: 
"(2) It is a purpose of the Junior Reserve Officers' Traimnc: 
Corps to instill in students in United States secondary educationcu 
106 STAT. 2412 
PUBLIC LAW 102-484—OCT. 23, 1992 
institutions the values of citizenship, service to the United States, 
and personal responsibility and a sense of accomplishment.". 
(c) REQUIREMENTS FOR ENROLLMENT.—Subsection (bXD of such 
section is amended— 
(1) by striking out "at least 14 years of age" both places 
it appears and inserting in lieu thereof "in a grade above 
the 8th grade"; and 
(2) by inserting ", or aliens lawfully admitted to the United 
States for permanent residence," after "of the United States". 
(d) RESOURCES PROVTOED BY DEPARTMENT OF DEFENSE.—Sub-
section (cX2) of such section is amended by inserting before the 
semicolon the following: "and, to the extent considered appropriate 
by the Secretary concerned, such additional resources (including 
transportation and billeting) as may be available to support activi-
ties of the program". 
(e) INSTRUCTOR PAY FORMULA.—(1) Paragraph (1) of subsection 
(d) of such section is amended to read as follows: 
"(1) A retired member so employed is entitled to receive 
the member's retired or retainer pay without reduction by 
reason of any additional amount paid to the member by the 
institution concerned. In the case of pajnnent of any such addi-
tional amount by the institution concerned, the Secretary of 
the military department concerned shall pay to that institution 
the amount equal to one-half of the amount paid to the retired 
member by the institution for any period, up to a maximimi 
of one-half of the diCTerence between the member's retired or 
retainer p&v for that period and the active dutv pay and allow-
ances which tJie member would have received for that period 
if on active duty. Notwithst£uiding the limitation in the preced-
ing sentence, the Secretary concerned may pay to the institution 
more than one-half of the additional amount paid to the retired 
member by the institution if (as determined by the Secretary) 
the institution is in an educationally and economically deprived 
area and the Secretary determines that such action is in the 
national interest. Payments by the Secretary concerned under 
this paragraph shall be made from funds appropriated for that 
purpose.". 
10 use 2031 
(2) The amendment made by paragraph (1) shall apply with 
^°^- 
respect to payments for periods of instructor service performed 
after September 30,1992. 
Subtitle E—Other Matters 
SEC. 641. RETENTION ON ACTIVE DUTY OF ENLISTED BIEMBERS 
WITHIN TWO YEARS O F EUGmnJTY FOR RETIREMENT. 
(a) IN GENERAL.—Chapter 59 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 1176. Enlisted members: retention after completion of 18 
or more, but less than 20, years of service 
"(a) REGULAR MEMBERS.—^A regular enlisted member who is 
selected to be involuntarily separated, or whose term of enlistment 
expires and who is denied reenlistment, and who on the date 
on which the member is to be discharged is within two vears 
of qualifying for retirement under section 3914 or 8914 of tiiis 
title, or of qualifying for transfer to the Fleet Reserve or Fleet 
Marine Corps Reserve under section 6330 of this title, shall be 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2413 
retained on active duty until the member is qualified for retirement 
or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, 
as the case may be, unless the member is sooner retired or dis-
charged under any other provision of law. 
"(b) RESERVE MEMBERS.—A reserve enlisted member serving 
on active duty who is selected to be involuntarily separated, or 
whose term oi enlistment expires £md who is denied reenlistment, 
and who on the date on which the member is to be discharged 
or released from active duty is entitled to be credited with at 
least 18 but less than 20 years of service computed imder section 
1332 of this title, may not be discharged or released from active 
duty without the member's consent before the earlier of the 
following: 
"(1) If as of the date on which the member is to be dis-
charged or released from active duty the member has at least 
18, but less than 19, years of service computed under section 
1332 of this title— 
"(A) the date on which the member is entitled to be 
credited with 20 years of service computed under section 
1332 of this title; or 
"(B) the third anniversary of the date on which the 
member would otherwise be discharged or released from 
active duty. 
"(2) If as of the date on which the member is to be dis-
charged or released from active duty the member has at least 
19, but less than 20, years of service computed under section 
1332 of this title— 
"(A) the date on which the member is entitled to be 
credited with 20 years of service computed imder section 
1332 ofthis title; or 
"(B) the second anniversary of the date on which the 
member would otherwise be discharged or released from 
active duty.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beg^in-
ning of such chapter is amended by adding at the end the following 
new item: 
"1176. Enlisted members: retention after completion of 18 or more, but less than 20, 
years of service.". 
SEC. 542. AUTHORmr FOR MILITARY SCHOOL FACULTY MEMBERS 10 USC prec. 
AND STUDENTS TO ACCEPT HONORARIA FOR CERTAIN 2161 note. 
SCHOLARLY AND ACADEMIC ACnVITIES. 
(a) AUTHORITY TO ACCEPT HONORARIA.—Notwithstanding the 
prohibition on the acceptance of honoraria contained in section 
501(b) of the Ethics in (government Act of 1978, a faculty member 
or a student at a Department of Defense school specified imder 
subsection (d) may accept an honorarium for an appearance, a 
speech, or an article published in a bona fide publication if such 
an appearance, speech, or article is customary for scholarly or 
academic activities normally associated with institutions of higher 
learning and if— 
(1) the purpose of the appearance, or the subject of the 
speech or article, does not relate primarily to the responsibil-
ities, policies, or programs of the school at which the individual 
is a faculty member or student; 
(2) the appearance, speech, or article (including the individ-
ual's time in specific preparation for the appearance, speech, 
106 STAT. 2414 
PUBLIC LAW 102-484—OCT. 23, 1992 
or article) does not involve the use of Grovemment time, Grovem-
ment property, or other resources of the Government or the 
use of nonpublic Gk)vemment information; 
(3) the reason for which the honorariimi is paid is unrelated 
to the individual's duties or status as a member of the Armed 
Forces or employee of the Grovemment or as a faculty member 
or student at a school specified in subsection (d); and 
(4) the person offering the honorarium has no interests 
that may be substantially affected by the performance or non-
performance of the individual's duties as a member of the 
Armed Forces or an employee of the Grovemment or as a faculty 
member or' student at a school specified in subsection (d). 
(b) SPECIAL RULE CONCERNING SUBJECT MATTER.—For pur-
poses of subsection (aXD, an appearance, speech, or article on 
a subject matter that is within an individual's academic or military 
specialty, in the case of a faculty member, or an individual's course 
of academic study, in the case of a student, shall not be considered 
to relate primarily to the responsibilities, policies, or programs 
of the school at which the individual is a faculty member or student 
if the preparation and presentation of the particular appearance, 
speech, or article is clearly outside of the individual's duties. 
(c) NONCOVERAGE OF HIGHLY PAID FACULTY MEMBERS.—Sub-
section (a) shall not apply to acceptance of an honorarium by 
a faculty member who is employed in a position for which the 
rate of basic pay, exclusive or any locality-based pay adjustment 
under section 5302 of title 5, United States Code (or any comparable 
adjustment pursuant to interim authority of the President), is equal 
to or greater than the rate of basic pay payable for Level V of 
the Executive Schedule. 
(d) COVERED SCHOOLS.—(1) This section applies vdth respect 
to faculty members and students at any of the service academies 
and at any professional military school operated by the Department 
of Defense that is designated by the Chairman of the Joint Chiefs 
of Staff to be covered by this section. 
(2) For purposes of paragraph (1), the term "service academies" 
means— 
(A) the United States Military Academy; 
(B) the United States Naval Academy; and 
(C) the United States Air Force Acaaemy. 
(e) HONORARIUM DEFINED.—For purposes of this section, the 
term "honorarium" means a payment of money or anjrthing of 
value for an appearance, a speech, or an article (including a series 
of appearances, speeches, or articles). 
(f) MAXIMUM AMOUNT OF HONORARIUM.—The amount of any 
honorariimi accepted under this section shall not exceed the usual 
and customary fee for the appearance, speech, or article for which 
the honorarium is paid, up to a maximum of $2,000. 
(g) EFFECTIVE DATE.—^This section shall apply with respect 
to any honorarium for an appearance or speech made, or an article 
published, on or after the date of the enactment of this Act. 
SEC. 543. PAYMENT FOR LEAVE ACCRUED AND LOST BY KOREAN CON-
F U C T PRISONERS OF WAR. 
Section 554 of Public Law 102-190 (105 Stat. 1371) is 
amended— 
(1) in the second sentence of subsection (a)— 
(A) by striking out "for any fiscal year^; and 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2415 
(B) by striking out "provided" and all that follows 
and inserting in lieu thereof "available in appropriations 
for military personnel for fisc£d year 1993."; and 
(2) in subsection (d), by striking out "not later than" and 
all that follows and inserting in lieu thereof "not later than 
September 30,1993.". 
SEC. 544. MILITARY RESERVE TECHNICIAN& 
(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following: 
*
*
§ 3329. Appointments of military reserve technicians to posi-
tions in the competitive service 
"(a) For the purpose of this section, the term 'military reserve 
technician' has the meaning given such term by section 8401(30). 
"(b) The Secretary of Defense shall take such steps as may 
be necessary to ensure that, except as provided in subsection (d), 
any military reserve technician who is involuntarily sep£U'ated from 
technician service, after completing at least 15 years of such service 
and 20 years of service creditable under section 1332 of title 10, 
by reason of ceasing to satisfy the condition described in section 
8401(30XB) shall, if appropriate written application is submitted 
within 1 year after the date of separation, be 'offered a position 
described in subsection (c) not later than 6 months after the date 
of the application. 
"(c) The position to be offered shall be a position— 
"(1) in the competitive service; 
"(2) within the Department of Defense; 
"(3) for which the individual is qualified; and 
"(4) the rate of basic pay for which is not less than the 
rate last received for technician service before separation. 
"(d) This section shall not apply in the case o
f
— 
"(1) an involimtary separation for cause on charges of mis-
conduct or delinquency; or 
"(2) a technician who, as of the date of application under 
this section, is eligible for immediate (including for disability) 
or early retirement under subchapter III of chapter 83 or imder 
chapter 84. 
"(e) The Secretary of Defense shall, in consultation with the Regulations. 
Director of the Office of Personnel Management, prescribe such 
regulations as may be necessary to carry out this section.". 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
33 of title 5, United States Code, is amended by adding after 
the item relating to section 3328 the following: 
"3329. Appointments of military reserve technicians to positions in the competitive 
service.". 
SEC. 545. AIR RESERVE TECHNICIANS. 
The Secretary of the Air Force shall carry out the High-Year 
Tenure (HYT) program of the Air Force Reserve so as not to 
require the removal of an Air Reserve technician from active status 
as a Reservist before attaining age 60 if the technician has a 
total of not less than 33 years of active duty and reserve military 
service before January 1, 1992, and who is otherwise qualified 
for retention as an Air Reserve technician. 
106 STAT. 2416 
PUBLIC LAW 102-484—OCT. 23, 1992 
10 use 1074 
SEC. 646. MENTAL HEALTH EVALUATIONS OF MEMBERS OF ARMED 
note, 
FORCES. 
(a) REGULATIONS.—^Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall revise 
applicable regulations to incorporate the requirements set forth 
in subsections (b), (c), and (d). In revising such regulations, the 
Secretai^ shall take into account any guidelines regarding psy-
chiatric hospitalization of adults prepared by professional civilian 
health organizations. 
(b) PROCEDURES FOR OUTPATIENT AND INPATIENT EVALUA-
TIONS.—(1) The revisions required by subsection (a) shall provide 
that, except as provided in paragraph (4), a commanding ofGcer 
shall consult with a mental health professioned prior to referring 
a member of the Armed Forces for a mental health evaluation 
to be conducted on an outpatient basis. 
(2) The revisions required by subsection (a) shall provide that, 
except as provided in paragraph (4)— 
(A) a mental health evaluation of a member of the Armed 
Forces conducted on an inpatient basis shall be used only 
if and when such an evaluation cannot appropriately or reason-
ably be conducted on an outpatient basis, in accordance with 
the least restrictive alternative principle; and 
(B) only a psychiatrist, or, in cases in which a psychiatrist 
is not available, another mental health professional or a physi-
cian, may admit a member of the Armed Forces for a mental 
health evaluation to be conducted on an inpatient basis. 
(3) The revisions required by subsection (a) shall provide that, 
when a commanding officer determines it is necessary to refer 
a member of the Armed Forces for a mental health evaluation, 
the commanding officer shall ensure that, except as provided in 
paragraph (4), the member is provided with a written notice of 
the referral. The notice shall, at a minimum, include the following: 
(A) The date and time the mental health evaluation is 
scheduled. 
(B) A brief explanation of why the referral is considered 
necessary. 
(C) The name or names of the mental health professionals 
with whom the commanding officer has consulted prior to mak-
ing the referral. If such consultation is not possible, the notice 
shall include the reasons why. 
(D) The positions and telephone numbers of authorities, 
including attorneys and inspectors general, who can assist a 
member who wishes to question the referral. 
(E) The rights of the member under the revisions required 
by subsection (a). 
(F) The member's signature attesting to having received 
the information described in subparagraphs (A) through (E). 
If the member refuses to sign the attestation, the commanding 
officer shall so indicate in the notice. 
(4) The revisions required by subsection (a) shall provide that, 
during emergencies, the procedures described in subsection (d) shall 
be followed in lieu of the procedures required by this subsection. 
(c) RIGHTS OF MEMBERS.—^The revisions required by subsection 
(a) shall provide that, in any case in which a member of the 
Armed Forces is referred for a mental health evaluation other 
than in an emergency, the following provisions apply: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2417 
(1) Upon the request of the member, an attorney who 
is a member of the Armed Forces or employed by the Depart-
ment of Defense and who is designated to provide advice imder 
this section shall advise the member of the ways in which 
the member may seek redress under this section. 
(2) If a member of the Armed Forces submits to an Inspec-
tor General an allegation that the member was referred for 
a mental health evaluation in violation of the revised regula-
tions, the Inspector General of the Department of Defense 
shall conduct or oversee an investigation of the allegation. 
(3) The member shall have the right to also be evaluated 
by a mental health professional of the member's own choosing, 
if reasonably available. Any such evaluation, including an 
evaluation by a mental health professional who is not an 
employee of the Department of Defense, shall be conducted 
within a reasonable period of time after the member is referred 
for an evaluation and shall be at the member's own expense. 
(4XA) No person may restrict the member in communicat-
ing with an Inspector General, attorney, member of Congress, 
or others about the member's referral for a mental health 
evaluation. 
(B) Subparagraph (A) does not apply to a communication 
that is unlawful. 
(4) In situations other than emergencies, the member shall 
have at least two business days before a scheduled mental 
health evaluation to meet with an attorney, Inspector General, 
chaplain, or other appropriate peirty. If a commcuiding officer Records. 
believes the condition of the member requires that such evalua-
tion occur sooner, the commanding officer shall state the rea-
sons in writing as part of the personnel record of the member. 
(5) In the event the member is aboard a naval vessel 
or in a circumstance related to the member's military duties 
which makes compliance with any of the procedures in sub-
section (b) impractical, the commanding officer seeking the 
referral shall prepare a memorandum setting forth the reasons 
for the inability to comply with such procedures. 
(d) ADDITIONAL RIGHTS OF MEMBERS AND PROCEDURES FOR Regulations. 
EMERGENCY OR INVOLUNTARY INPATIENT EVALUATIONS.—<1) 
The 
revisions required by subsection (a) shall provide that a member 
of the Armed Forces may be admitted, under criteria for admission 
set forth in such regulations, to a treatment facility for an emer-
gency or involimtary mental health evaluation when there is reason-
able cause to believe that the member may be suffering from a 
mental disorder. The revised regulations shall include definitions 
of the terms "emergency^ and "mental disorder". 
(2) The revised regulations shall provide that, in any case 
in which a member of the Armed Forces is admitted to a treatment 
facility for an emergency or involuntary mental healtii evaluation, 
the following provisions apply: 
(A) Reasonable efforts shall be made, as soon after admis-
sion as the member's condition permits, to inform the member 
of the reasons for the evaluation, the nature and consequences 
of the evaluation and any treatment, and the member's rights 
imder this section. 
(B) The member shall have the right to contact, as soon 
after admission as the member's condition permits, a friend, 
relative, attorney, or Inspector Genersd. 
106 STAT. 2418 
PUBLIC LAW 102-484—OCT. 23, 1992 
(C) The member shall be evaluated by a psychiatrist or 
a physician within two business days after admittance, to deter-
mme if continued hospitalization and treatment is justified 
or if the member should be released from the faciUty. 
(D) If a determination is made that continued hospitaliza-
tion and treatment is jiistified, the member must be notified 
orallv and in writing of the reasons for such determination. 
(E) A review of the admission of the member and the 
appropriateness of continued hospitalization and treatment 
shall oe conducted in accordance with procedures set forth 
in the regulations as required under paragraph (3). 
(3) The revised regulations shall include procedures for the 
review referred to in paragraph (2XE). Such procedures shall— 
(A) specify the appropriate partv (or parties) who is outside 
the individual's immediate chain of command and who is neu-
tral and disinterested to conduct the review; 
(B) specify the appropriate procedure for conducting the 
review; 
(C) require that the member have the right to representa-
tion in such review by an attorney of the member's choosing 
at the member's expense, or by a judge advocate; 
(D) specify the periods of time within which the review 
and any subsequent reviews should be conducted; 
(E) specify the criteria to be used to determine whether 
continued treatment or discharge from the facility is 
appropriate; 
(F) require the party or parties conducting the review to 
assess whether or not the mental health evaluation was used 
in an inappropriate, punitive, or retributive manner in violation 
of this section; and 
(G) require that an assessment made pursuant to subpara-
graph (F) that the mental health evaluation was used in a 
manner in violation of this section shall be reported to the 
Inspector General of the Department of Defense and included 
by the Inspector General as part of the Inspector General's 
annual report. 
(e) CONSTRUCTION.—^Nothing in the regulations prescribed 
under this section shall be construed to discourage referrals for 
appropriate menttil health evaluations when circumstances suggest 
the need for such action. 
(0 PROHIBITION AGAINST THE USE OF REFERRALS FOR MENTAL 
HEALTH EVALUATIONS TO RETALIATE AGAINST WHISTLEBLOWERS.— 
(1) The revised regulations required by subsection (a) shall provide 
that no person may refer a member of the Armed Forces for a 
mental health evaluation as a reprisal for making or preparing 
a lawful communication of the type described in section 1034(cX2) 
of title 10, United States Code, and applicable regulations. For 
purposes of this subsection, such commumcation also shall include 
a commimication to any appropriate authority in the chain of com-
mand of the member. 
(2) Such revisions shall provide that an inappropriate referral 
for a mental health evaluation, when taken as a reprisal for a 
communication referred to in paragraph (1), may be the basis 
for a proceeding under section 892 of title 10, United States Code. 
Persons not subject to the Uniform Code of Military Justice who 
fail to comply with the provisions of this section are subject to 
adverse administrative action. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2419 
(g) DEFINITIONS.—In this section: 
(1) The term "member" means any member of the Army, 
Navy, Air Force, or Marine Corps. 
(2) The term ''Inspector General" means— 
(A) an Inspector General appointed under the Inspector 
General Act of 1978; and 
(B) an officer of the Armed Forces assigned or detailed 
under regulations of the Secretary concerned to serve as 
an Inspector Greneral at any command level in one of the 
Armed Forces. 
(3) The term "mental health professional" means a psychia-
trist or clinical psychologist, a person with a doctorate in clinical 
social work or a psychiatric clinical nurse specialist. 
(4) The term "mental health evsduation" means a psy-
chiatric examination or evaluation, a psychological examination 
or evaluation, an examination for psychiatric or psychological 
fitness for duty, or any other means of assessing a member's 
state of mental health. 
(5) The term "least restrictive alternative principle" means 
a principle under which a member of the Armed Forces commit-
ted for hospitalization and treatment shall be placed in the 
most appropriate and therapeutic available setting (A) that 
is no more restrictive than is conducive to the most effective 
form of treatment, and (B) in which treatment is available 
and the risks of physical ii^'ury or property damage posed 
by such placement are warranted by the proposed plan of 
treatment. 
(h) REPORT.—At the same time as the regulations required 
by this section are revised, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report describing the process of preparing 
the regulations, including— 
(1) an explanation of the degree to which any guidelines 
regarding psychiatric hospitalization of adults prepared by 
professional civiliem mental health organizations were consid-
ered; 
(2) the manner in which the regulations differ from any 
such civilian guidelines; and 
(3) the reasons for such differences. 
(j) CONFORMING REPEAL.—Subsection (g) of section 554 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-610) is hereby repealed. 
10 USC 1074 
note. 
SEC. 647. REPORT ON THE SELECTIVE SERVICE SYSTEM. 
(a) REPORT REQUIRED.—^The Secretary of Defense, in consulta-
tion with the Director of the Selective Service System, shall prepare 
a report regarding the continued requirement for registration under 
the selective service system. The report shall contein, at a mini-
mum, analyses on the effect of suspension of the requirement for 
registration on— 
(1) projected mobilization requirements, including the effect 
on the time it would take to increase the size of the Armed 
Forces in a national emergency; 
(2) recruiting in the Armed Forces; and 
(3) the organization and staffing of the selective service 
system. 
106 STAT. 2420 
PUBLIC LAW 102-484—OCT. 23, 1992 
(b) SUBMISSION OF REPORT.—^The report required by subsection 
(a) shall be submitted to the President not later than April 30, 
1993, together with such recommendations as the Secretary consid-
President. 
ers to be appropriate in light of the analyses. The President shall 
transmit the report to Congress not later than May 31, 1993, 
together with a description of what actions, if any, the President 
proposes to take with respect to the report. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL 
BENEFITS 
. SEC. 600. REFERENCE TO COMPENSATION AND OTHER PERSONNEL 
BENEFITS IN TITLE XLIV. 
For provisions of this Act providing compensation and other 
personnel benefits for members of the Armed Forces relating to 
the defense drawdown, see subtitle A of title XLIV (sections 4401-
4408) and section 4464. 
Subtitle A—^Pay and Allowances 
37 u s e 1009 
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1993. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment 
required by section 1009 of title 37, United States Code, in elements 
of compensation of members of the imiformed services to become 
effective during fiscal year 1993 shall not be made. 
(b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effective on Janu-
ary 1, 1993, the rates of basic pay, basic allowance for subsistence, 
and basic allowance for quarters of members of the imiformed 
services are increased by 3,7 percent. 
SEC. 602. ADVANCE PAYMENTS IN CONNECTION WITH EVACUATIONS 
OF MEMBERS AND DEPENDENTS OF MEMBERS. 
(a) EXPANDED AUTHORITY.—Section 1006(c) of title 37, United 
States Code, is amended by striking out the first and second sen-
tences and inserting in lieu thereof the following new sentences: 
"Under regulations prescribed by the Secretary concerned, an 
advance of pav to a member of a uniformed service who is on 
duty outside the United States, or other place designated by the 
President, of not more than two months' basic pay may be made 
to a member if the member or the dependents of the member 
are ordered evacuated by competent authority. An advance of pay 
under this subsection is not subject to the conditions imder which 
advances of pay may be made under subsection (a) or (b). An 
advance may be made on the basis of the evacuation of a member's 
dependents only if all dependents of members of the uniformed 
services are ordered evacuated from the place where the member's 
dependents are located. In the case of a member with dependents, 
the payment may be made directly to dependents previously des-
ignated by the member.". 
37USC1006 
(b) APPUCABILITY.—The amendment made by subsection (a) 
""**• 
shall apply with respect to evacuations on or after June 1, 1991. 
Subtitle B—^Bonuses and Special and Incentive Pays 
. 611. CLARIFICATION OF AUTHORITY TO PROVIDE SPECIAL PAY 
FOR NONPHYSICIAN HEALTH CARE PROVIDERS. 
Section 302c(dXl) of title 37, United States Code, is amended— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2421 
(1) by striking out "Navy or" and inserting in lieu thereof 
"Navy,"; and 
(2) by inserting before the semicolon the following: ", or 
an officer in the Army Medical Specialist Corps". 
SEC. 612. EXTENSIONS OF AUTHORITIES RELATING TO PAYMENT OF 
CERTAIN BONUSES AND OTHER SPECIAL PAY. 
(a) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 
308(g) of title 37, United States Code, is amended by striking 
out September 30, 1992" and inserting in lieu thereof "September 
30,1993". 
(b) ENLISTMENT BONUS FOR CRITICAL SKILLS.—Section 308a(c) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1992" and inserting in lieu thereof "September 30, 1993". 
(c) A
V
I
A
T
O
R RETENTION BONUS.—Section 301b(a) of title 37, 
United States Code, is amended by striking out "September 30, 
1992" and inserting in lieu thereof "l^ptember 30, 1993 . 
(d) EXTENSION OF ENLISTMENT AND REENLISTMENT BONUS 
AUTHORITIES FOR RESERVE FORCES.—Sections 308b(f), 308c(e), 
308e(e), 308h(g), and 308i(i) of title 37, United States Code, are 
each amended by striking out "September 30, 1992" and inserting 
in lieu thereof in each instance "September 30,1993". 
(e) EXTENSION OF SPECIAL PAY FOR ENLISTED MEMBERS OF 
THE SELECTED RESERVE ASSIGNED TO HIGH PRIORITY UNITS.—Sec-
tion 308d(c) of title 37, United States Code, is amended by striking 
out "September 30, 1992" and inserting in lieu thereof "September 
30,1993". 
(0 EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS 
WHO SERVE IN THE SELECTED RESERVE.—Section 2172(d) of title 
10, United States Code, is amended by striking out "October 1, 
1992" and inserting in lieu thereof "October 1,1993". 
(g) 
ACCESSION BONUS FOR REGISTERED NURSES.—Section 
302d(a) of title 37, United States Code, is amended by striking 
out "September 30, 1992" and inserting in lieu thereof "September 
30,1993". 
(h) 
NURSE 
CANDIDATE 
ACCESSION 
PROGRAM.—Section 
2130a(aXl) of title 10, United States Code, is amended by striking 
out "September 30, 1992" and inserting in lieu thereof "September 
30,1993". 
(i) SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 302e(a) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1992" and inserting in lieu thereof "September 30, 1993". 
(j) COVERAGE OF PERIOD OF LAPSED AUTHORITY.—<1) The 37usc308d 
amendment made by subsection (e) shall take effect as of September ^°^-
30, 1992, and shall apply with respect to inactive duty for training 
performed after that date for which special pay is authorized imder 
section 308d of title 37, United Stetes Code. 
(2XA) In the case of a person described in subparagraph (B) 37 use 30ib 
who executes an agreement described in subparagraph (C) during "°**' 
the 90-day period beginning on the date of tne enactment of this 
Act, the Secretory concerned may treat such agreement for purposes 
of the bonus or special pay authorized under such agreement as 
having been executed and accepted on the first date on which 
the person would have qualified for such an agreement had the 
amendments made by this section taken effect on October 1, 1992. 
(B) A person referred to in subparagraph (A) is a person who, 
during the period beginning on October 1, 1992, and ending on 
106 STAT. 2422 
PUBLIC LAW 102-484—OCT. 23, 1992 
the date of the enactment of this Act, would have qualified for 
an agreement described in subparagraph (C) with the Secretary 
concerned had the amendments maofe by tlxis section taken effect 
on October 1,1992. 
(C) An agreement referred to in this paragraph is an agreement 
with the Secretary concerned for the pajmient of a bonus or special 
pay under section 301b, 302d, 302e, 308, 308a, 308b, 308c, 308e, 
308h, or 308i of title 37, United States Code, or section 2130a 
of title 10, United States Code. 
(D) For purposes of this paragraph, the term "Secretary con-
cerned" has the meaning given that term in section 101(5) of title 
37, United States Code. 
Subtitle C—^Travel and Transportation Allowances 
SEC. 621. TEMPORARY INCREASE IN THE NUMBER OF DAYS A MEM-
BER MAY BE REIMBURSED FOR TEMPORARY LODGING 
EXPENSES. 
Section 404a of title 37, United Stetes Code, is amended by 
adding at the end the following new subsection: 
"(d) In the case of a menioer who is ordered to make a change 
of permanent stetion described in subsection (aXD during fiscal 
years 1993 through 1997, the Secretory concerned may extend 
the period for which subsistence expenses incurred incident to that 
change are paid or reimbursed to not more than 10 days if the 
new duty stotion is in a geographical area where there is a shortoge 
of safe and affordable housing because of the arrival of members 
of the armed forces in the area as part of the withdrawal of 
members of the armed forces from duty stations outoide the United 
Stotes, the closure or realignment of militory installations, or the 
restructuring or deactivation of militory unite. The existence of 
such a shortage of safe and affordable housing in an area shall 
be determined by the Secretory concerned.**. 
SEC. 622. PROHIBITION ON THE ASSERTION OF LIENS ON PERSONAL 
PROPERTY 
BEING 
TRANSPORTED 
AT 
GOVERNMENT 
EXPENSE. 
(a) TITLE 37.—Section 406 of title 37, United Stotos Code, 
is amended by adding at the end the following new subsection: 
"(n) No carrier, port agent, warehouseman, freight forwarder, 
or other person involved in the transportation of property may 
have any lien on, or hold, impound, or otherwise intorfere with, 
the movement of baggage and household goods being transportod 
under this section.**. 
(b) TITLE 10.—Section 2634 of title 10, Unitod Stotes Code, 
is amended by adding at the end the following new subsection: 
"(f) No carrier, port agent, warehouseman, freight forwarder, 
or other person involved in the transportation of property may 
have any lien on, or hold, impound, or otherwise interfere with, 
the movement of a motor vehicle being transported under this 
section.**, 
SEC. 623. SUBSISTENCE REIMBURSEMENT RELATING TO ESCORTS OF 
FOREIGN ARMS CONTROL INSPECTION TEAMS. 
(a) TRAVEL ALLOWANCE.—(1) Chapter 7 of title 37, United 
Stotes Code, is amended by adding at the end the following new 
section: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2423 
*
*
§ 434. Subsistence reimbursement relating to escorts of for-
eign arms control inspection teams 
"(a) 
REIMBURSEMENT OF REASONABLE SUBSISTENCE COSTS.— 
Under uniform regulations prescribed by the Secretaries concerned, Regulations. 
a member of the armed forces may be reimbursed for the reasonable 
cost of subsistence incurred by the member while performing duties 
as an escort of an arms control inspection team of a foreign country, 
or any member of such a team, while the team or the team member, 
as the case may be, is engaged in activities related to the 
implementation of an arms control treaty or agreement. 
"(b) PERIOD OF AUTHORITY.—The authority under subsection 
(a) applies to the period during which the inspection team, pursuant 
to authority specifically provided in the applicable arms control 
treaty or agreement, is in the country where inspections and related 
activities are being conducted by the team pursuant to that treaty 
or agreement, 
"(c) EFFECT OF LOCATION OF MEMBER'S PERMANENT DUTY STA-
TION.—^The authority under subsection (a) applies to a member 
of the armed forces whether the duties referred to in that subsection 
are performed at, near, or away from the member's permanent 
duty station.". 
(2) The table of sections at the beginning of chapter 7 of 
such title is amended by adding at the end the following new 
item: 
"434. Subsistence reimbursement relating to escorts of foreign arms control inspec-
tion teams.". 
(b) ApPLiCABiLiTY.-^ection 434 of title 37, United States Code, 37 use 434 note, 
as added by subsection (a), shall apply with respect to escort duty 
described in that section which is performed on or after the date 
of the enactment of this Act. 
SEC. 624. REFERENCES FOR TRAVEL AND TRANSPORTATION BENE-
FITS. 
Section 404(e) of title 37, United States Code, is amended— 
(1) by striking out "Military Airlift Command" and inserting 
in lieu thereof "Air Mobility Command"; and 
(2) by striking out "or the Naval Aircraft Fenying Squad-
rons," and inserting in lieu thereof "the Naval Aircraft Ferrying 
Squadrons, or any other unit determined by the Secretary 
concerned to be performing duties similar to the duties per-
formed by such command or squadrons,". 
SEC. 625. EVACUATION ALLOWANCES IN CONNECTION WITH HURRI-
CANE ANDREW. 
(a) COVERAGE OF EXPENSES INCURRED BEFORE REGULATORY 
CHANGE.—^The changes made in the Joint Federal Travel Regula-
tions on August 28 and August 29, 1992, to authorize the payment 
of allowances to members of the Armed Forces, federal civilian 
employees, and dependents of such members and employees who 
were ordered to depart from the vicinity of Homestead Air Force 
Base in the State of Florida as a consequence of Hurricane Andrew 
shall apply with respect to expenses in connection with such depar-
ture incurred on or after August 23, 1992 (the date of the ordered 
departure), to the extent the expenses would be covered by the 
regulations if the changes were effective on August 23,1992. 
106 STAT. 2424 
PUBLIC LAW 102-484—OCT. 23, 1992 
Effective date. 
37 use 405a 
note. 
Reports. 
(b) COVERAGE OF DEPENDENTS WHO DO NOT RESIDE WITH 
MEMBER.—(1) Section 405a(a) of title 37, United States Code, is 
amended— 
(A) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(B) by inserting after paragraph (1) the following new 
paragraph: 
^2) a dependent who resides at or in the vicinity of a 
former duty station of the member following the assignment 
of the member elsewhere or who resides at or in the vicinity 
of a duty station (other than the duty station of the member) 
incident to orders in connection with an unaccompanied tour 
of duty of the member, if a departure of dependents is ordered 
by competent authority from the duty station at which or 
in the vicinity of which the dependent resides and the depend-
ent actually moves to an authorized safe haven designated 
by that authority;". 
(2) The amendments made by paragraph (1) shall take effect 
as of August 23, 1992, and shall apply with respect to any evacu-
ation ordered by competent military authority on or after that 
date. 
Subtitle D—^Retired Pay and Survivor Benefits 
SEC. 641. REQUIREMENT 
FOR 
SUBMISSION 
OF 
ALTERNATIVE 
APPROACHES ON CONCURRENT PAYMENT OF RETIRED OR 
RETAINER PAY AND VETERANS' DISABILITY COMPENSA-
TION. 
(a) REQUIREMENT FOR SUBMISSION OF ALTERNATIVES.—The Sec-
retary of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on alternative 
approaches to permit the concurrent payment to members and 
former members of the Armed Forces of unreduced retired or 
retainer pay and imreduced compensation for service-connected 
disabiUties payable imder laws aaministered by the Secretary of 
Veterans Anairs. The report shall include alternative formulas to 
integrate those two benefits. 
(b) DEADLINE FOR REPORT.—The report shall be submitted not 
later than April 1,1993. 
(c) RECOMMENDATIONS FOR LEGISLATION.—The Secretary may 
include with the report such recommendations for legislation as 
the Secretary considers to be appropriate. 
SEC. 642. INCREASE IN RECOMPUTED RETIRED PAY FOR CERTAIN 
ENLISTED MEMBERS CREDITED WITH EXTRAORDINARY 
HEROISM. 
(a) MEMBERS INITIALLY ENTERING SERVICE BEFORE SEPTEM-
BER 8, 1980.—Section 1402 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
''(fXD In the case of a member who is entitled to recompute 
retired pay under this section upon release from active duty served 
after retiring imder section 3914 or 8914 of this title, the member's 
retired pay as recomputed under another provision of this section 
shall be increased by 10 percent of the amount so recomputed 
if the member has been credited by the Secretary concerned with 
extraordinary heroism in the line of duty during any period of 
active duty service in the armed forces. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2425 
"(2) The amount of the retired pay as recomputed under another 
provision of this section and as increased imder paragraph (1) 
may not exceed the amount equal to 75 percent oi the monthly 
rate of basic pay upon which the recomputation of such retired 
pay is based. 
"(3) The determination of the Secretary concerned as to extraor-
dinary heroism is conclusive for all purposes.". 
(b) MEMBERS INITIALLY ENTERING SERVICE AFTER SEPTEMBER 
7, 1980.—Section 1402a of such title is amended by adding at lo use I402a. 
the end the following new subsection: 
**(f) ADDITIONAL 10 PERCENT FOR CERTAIN ENLISTED MEMBERS 
CREDITED WITH EXTRAORDINARY HEROISM.—<1) In the case of a 
member who is entitled to recompute retired pay under this section 
upon release from active duty served after retiring imder section 
3914 or 8914 of this title, the member's retired pay as recomputed 
under another provision of this section shall be increased bv 10 
percent of the amoimt so recomputed if the member has been 
credited by the Secretary concerned with extraordinary heroism 
in the line of duty during any period of active duty service in 
the armed forces. 
"(2) The amount of the retired pay as recomputed under another 
provision of this section and as increased under paragraph (1) 
may not exceed the amoimt equal to 75 percent of the retired 
E
ay base upon which the recomputation of such retired pay is 
ased. 
"(3) The determination of the Secretary concerned as to extraor-
dinary heroism is conclusive for all purposes.". 
(c) PROSPECTIVE APPLICABILITY.—NO benefits shall accrue for iousci402 
months beginning before the date of the enactment of this Act "°^' 
by reason of the amendments made by this section. 
SEC. 643. MODIFICATION TO SURVIVOR BENEFIT PLAN OPEN ENROLL-
MENT PERIOD. 
Section 1405(g) of the Military Survivor Benefits Improvement 
Act of 1989 (10 U.S.C. 1448 note) is amended— 
(1) by inserting "(1)** before "If a person"; and 
(2) by adding at the end the following: 
"(2) Paragraph (1) does not apply in the case of the death 
of a person making an election under subsection (a) if the bene-
ficiary of that person under the election is the person's spouse 
and that spouse was entitled, before November 1, 1990, to receive 
dependency and indenmity compensation benefits from the Depart-
ment of Veterans Affairs based on a previous marriage to another 
member or former member of the uniformed services.". 
Subtitle E—Other Matters 
SEC. 651. PROVISION OF TEMPORARY FOSTER CARE SERVICES OUT-
SIDE T H E UNITED STATES F O R CHILDREN O F MEMBERS 
OF THE ARMED FORCES. 
(a) OVERSEAS FOSTER CARE.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1045 the follow-
ing new section: 
*
*
§ 1046. Overseas temporary foster care program 
"(a) PROGRAM AUTHORIZED.—^The Secretary concerned may 
estabUsh a program to provide temporary foster care services out-
106 STAT. 2426 
PUBLIC LAW 102-484—OCT. 23, 1992 
side the United States for children accompanying members of the 
armed forces on duty at stations outside the United States. The 
foster care services provided under such a program shall be similar 
to those services provided by State and local governments in the 
United States. 
R^uiations. 
*
*
(
b
) EXPENSES.—^Under regulations prescribed by the Secretary 
concerned, the expenses related to providing foster care services 
under subsection (a) may be paid 
from 
appropriated funds available 
to the Secretary.". 
(b) CLERICAL AMENDMENT.—^The teble of sections for such chap-
ter is amended by inserting after the item relating to section 1045, 
the following new item: 
"1046. Overseas temporary foster care program.". 
10 use 1052 
SEC. 652. REIMBURSEMENT FOR ADOPTIONS COMPLETED DURING 
note. 
INTERIM BETWEEN TEST AND PERMANENT PROGRAM. 
(a) REIMBURSEMENT OP ADOPTION EXPENSES.—Section 1052 of 
title 10, United Stetes Code, and section 514 of title 14, United 
Stetes Code, shall apply with respect to the reimbursement of 
adoption expenses incurred for an adoption proceeding completed 
during the period beginning on October 1, 1990, and ending on 
December 4, 1991, to the extent the adoption expenses would be 
covered by one of these sections if the adoption proceeding had 
been completed after December 4,1991. 
(b) TIME PERIOD FOR APPUCATION.—Subsection (a) shall apply 
to a person covered by such subsection only if the person applies 
to the Secretary of Defense or the Secretary of Transportation 
for the reimbursement of adoption expenses under section 1052 
of title 10, United Stetes Code, or section 514 of title 14, United 
Stetes Code, whichever applies, within one year after the date 
of the enactment of this Act. 
SEC. 663. PROTECTIONS FOR DEPENDENT VICTIMS OF ABUSE BY 
MEMBERS OF THE ARMED FORCES. 
(a) PAYMENTS UNDER COURT ORDERS.—Section 1408 of title 
10, United Stetes Code, is amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following new sub-
section (h): 
"(h) BENEFITS FOR DEPENDENTS WHO ARE VICTIMS OF ABUSE 
B
Y MEMBERS LOSING RIGHT TO RETIRED PAY.—(1) If, in the case 
of a member or former member of the armed forces referred to 
in para^aph (2XA), a court order provides (in the manner applicable 
to a division of property) for the payment of an amount from 
the disposable retired pay of that member or former member (as 
certified under paragraph (4)) to an eligible spouse or former spouse 
of that member or former member, the Secretary concerned, begin-
ning upon effective service of such court order, shall pay mat 
amount in accordance with this subsection to such spouse or former 
spouse. 
"(2) A spouse or former spouse of a member or former member 
of the armed forces is eligible to receive payment under this sub-
section if— 
"(A) the member or former member, while a member of 
the armed forces and after becoming eligible to be retired 
from the armed forces on the basis of years of service, has 
eligibiUty to receive retired pay terminated as a result of mis-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2427 
conduct while a member involving abuse of a spouse or depend-
ent child (as defined in regulations prescribed by the Secretary 
of Defense); and 
"(B) the spouse or former spouse— 
"(i) was the victim of the abuse and was married to 
the member or former member at the time of that abuse; 
or 
"(ii) is a natural or adopted parent of a dependent 
child of the member or former memoer who was the victim 
of the abuse. 
''(3) The amoimt certified by the Secretary concerned under 
paragraph (4) with respect to a member or former member of 
the armed forces referred to in paragraph (2XA) shall be deemed 
to be the disposable retired pay of that member or former member 
for the purposes of this subs^ion. 
"(4) Upon the request of a court or an eligible spouse or former 
spouse of a member or former member of the armed forces referred 
to in paragraph (2XA) in connection with a civil action for the 
issuance of a court order in the case of that member or former 
member, the Secretary concerned shall determine and certify the 
amount of the montmy retired pay that Uie member or former 
member would have been entitled to receive as of the date of 
the certification— 
"(A) if the member or former member's eligibility for retired 
pay had not been terminated as described in paragraph (2XA); 
and 
"(B) if, in the case of a member or former member not 
in receipt of retired pay immediately before that termination 
of eligibility for retired pay, the member or former member 
had retired on the effective date of that termination eligibility. 
"(5) A court order under this subsection may provide that 
whenever retired pay is increased under section 1401a of this title 
(or any other provision of law), the amount payable under the 
court order to tne spouse or former spouse of a member or former 
member described m paragraph (2XA) shall be increased at the 
same time by the percent by which the retired pa^ of the member 
or former member would have been increased if the member or 
former member were receiving retired pay. 
"(6) Notwithstanding any other provision of law, a member 
or former member of the armed forces referred to in paragraph 
(2XA) shall have no ownership interest in, or claim against, any 
amount payable imder this section to a spouse or former spouse 
of the member or former member. 
''(7XA) If a former spouse receiving pajonents under this sub-
section with respect to a member or former member referred to 
in paragraph (2XA) marries again after such payments begin, the 
eligibility of the former spouse to receive further payments under 
this subsection shall terminate on the date of such marriage. 
**(B) A person's eligibility to receive pajrments under this sub-
section that is terminated under subparagraph (A) by reason of 
remarriage shall be resumed in the event of the termination of 
that marriaj^ by the death of that person's spouse or by annulment 
or divorce. The resumption of payments shall begin as of the first 
day of the month in which that marriage is so terminated. The 
monthly amount of the payments shall be the amoimt that would 
have been paid if the continuity of the payments had not been 
interrupted by the marriage. 
106 STAT. 2428 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(8) Payments in accordance with this subsection shall be made 
out of funds in the Department of Defense Military Retirement 
Fund established by section 1461 of this title. 
"(9)(A) A spouse or former spouse of a member or former 
member of the armed forces referred to in paragraph (2)(A), while 
receiving payments in accordance with this subsection, shall be 
entitled to receive medical and dental care, to use commissary 
and exchange stores, and to receive any other benefit that a spouse 
or a former spouse of a retired member of the armed forces is 
entitled to receive on the basis of being a spouse or former spouse, 
as the case may be, of a retired member of the armed forces 
in the same manner as if the member or former member referred 
to in paragraph (2)(A) was entitled to retired pay. 
"(B) A dependent child of a member or former member referred 
to in paragraph (2)(A) who was a member of the household of 
the member or former member at the time of the misconduct 
described in paragraph (2)(A) shall be entitled to receive medical 
and dental care, to use commissary and exchange stores, and to 
have other benefits provided to dependents of retired members 
of the armed forces in the same manner as if the member or 
former member referred to in paragraph (2)(A) was entitled to 
retired pay. 
"(C) If a spouse or former spouse or a dependent child eligible 
or entitled to receive a particular benefit under this paragraph 
is eligible or entitled to receive that benefit under another provision 
of law, the eligibility or entitlement of that spouse or former spouse 
or dependent child to such benefit shall be determined under such 
other provision of law instead of this paragraph. 
"(10) In this subsection, the term 'dependent child', with respect 
to a member or former member of the armed forces referred to 
in paragraph (2)(A), means an unmarried legitimate child, including 
an adopted child or a stepchild of the member or former member, 
who— 
"(A) is under 18 years of age; 
"(B) is incapable of self-support because of a mental or 
physical incapacity that existed before becoming 18 years of 
age and is dependent on the member or former member for 
over one-half of the child's support; or 
"(C) if enrolled in a full-time course of study in an institu-
tion of higher education recognized by the Secretary of Defense 
for the purposes of this subparagraph, is under 23 years of 
age and is dependent on the member or former member for 
over one-half of the child's support.". 
(b) CONFORMING AMENDMENTS.—Chapter 74 of such title is 
amended— 
10 use 1461. 
(1) in section 1461(b)— 
(A) by striking out "and" at the end of paragraph 
(1); 
(B) by striking out the period at the end of paragraph 
(2) and inserting in lieu thereof"; and"; and 
(C) by adding at the end the following: 
"(3) the authority provided in section 1408(h) of this title."; 
and 
(2) in section 1463— 
(A) by striking out "and" at the end of paragraph 
(3); 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2429 
(B) by striking out the period at the end of paragraph 
(4) and inserting in lieu thereof; and"; and 
(C) by adding at the end the following: 
"(5) amounts payable under section 1408(h) of this title.". 
(c) PROSPECTIVE APPLICABILITY.—NO payments under sub- louscuos 
section (h) of section 1408 of title 10, United States Code (as "
°
*
® 
added by subsection (a)), shall accrue for periods before the date 
of the enactment of this Act. 
(d) REPORT ON OTHER ACTIONS.—(1) Not later than December lo use ii3 note. 
15, 1993, the Secretary of Defense shall transmit to the Congress 
a report on the actions taken and planned to be taken in the 
Department of Defense to reduce or eliminate disincentives for 
a dependent of a member of the Armed Forces abused by the 
member to report the abuse to appropriate authorities. 
(2) The actions considered by the Secretary should include 
the provision of treatment, child care services, health care services, 
job training, job placement services, and transitional financial 
assistance for dependents of members of the Armed Forces referred 
to in paragraph (1). 
(e) STUDY REQUIRED.—(1) The Secretary of Defense shall con- lo use 1408 
duct a study in order to estimate— 
"
°
*
®
-
(A) the number of persons who will become eligible to 
receive payments imder subsection (h) of section 1408 of title 
10, United States Code (as added by subsection (a)), during 
each of fiscal years 1993 through 2000; and 
(B) for each of fiscal years 1993 through 2000, the number 
of members of the Armed Forces who, after having completed 
at least one, and less than 20, years of service in that fiscal 
year, will be approved in that fiscal year for separation from 
the Armed Forces as a result of having abused a spouse or 
dependent child. 
(2) The study shall include a thorough analysis o
f
— 
(A) the effects, if any, of appeals and requests for clemency 
in the case of court-martial convictions on the entitlement 
to pavments in accordance with subsection (h) of section 1408 
of title 10, United States Code (as added by subsection (a)); 
(B) the socio-economic effects on the dependents of members 
of the Armed Forces described in subsection (hX2) of such 
section that result from terminations of the eligibility of such 
members to receive retired or retainer pay; and 
(C) the effects of separations of such members from the 
Armed Forces on the mission readiness of the units of assign-
ment of such members when separated and on the Armed 
Forces in general. 
(3) Not later than one year after the date of the enactment Reports. 
of this Act, the Secretaiy shall submit to Congress a report on 
the results of the study. 
TITLE Vn—HEALTH CARE PROVISIONS 
SEC. 700. REFERENCE TO HEALTH CARE SERVICES IN TITLE XLIV. 
For provisions of this Act regarding health care services as 
a consequence of the defense drawdown, see section 4408 relating 
to improved conversion health policies as part of transitional medi-
cal care and section 4409 relating to continued health coverage 
for members and dependents. 
106 STAT. 2430 
PUBLIC LAW 102-484—OCT. 23, 1992 
10 u s e 1076a 
note. 
Subtitle A—^Health Care Services 
SEC. 701. REVISIONS TO DEPENDENTS' DENTAL PROGRAM UNDER 
CHAMPUS. 
(a) 
REPEAL OF AUTHORITY To 
ESTABLISH SUPPLEMENTAL 
PLANS.—Section 1076a of title 10, United States Code, is amended— 
(1) in subsection (aXl)— 
(A) by striking out "and supplemental" in the first 
sentence; and 
(B) by striking out the last sentence; 
(2) in subsection (b), by striking out paragraph (3); and 
(3) in subsection (d)— 
(A) by striking out paragraph (2); 
(B) by striking out (1)" before "A basic"; and 
(C) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively. 
(b) PREMIUM INCREASE AND SUBSIDY FOR JUNIOR ENUSTED 
PERSONNEL.—Subsection (b) of such section, as amended by sub-
section (aX2), is further amended— 
(1) in paragraph (2), by striking out "$10" and inserting 
in lieu thereof "$20 ; and 
(2) 1w adding at the end the following new paragraph: 
"(3) The Secretary of Defense may reduce the monthly premium 
required to be paid under paragraph (2) in the case o
f
^ enlisted 
members in pay grade E-1, EI-2, E-3, or E-4 if the Secretary 
determines that such a reduction is appropriate to assist such 
members to participate in a dental benefits plan established under 
subsection (a). The reduction in the amount of the premium may 
not exceed $10 per month.". 
(c) IMPROVEMENT IN BENEFITS.—Subsection (d) of such section, 
as amended by subsection (aX3), is further amended— 
(1) by striking out "onljr" in the matter above paragraph 
(1); and 
(2) by adding at the end the following new paragraph: 
"(3) Orthodontic services, crowns, gold fillings, bridges, 
complete or partial dentures, and such other services as the 
Secretary of Defense considers to be appropriate.". 
(d) C
O
P
A
Y
M
E
N
T FOR ADDITIONAL BENEFITS.—Subsection (e) of 
such section is amended to read as follows: 
"(e) C
O
P
A
Y
M
E
N
T
S
.
—
^
A member whose spouse or child receives 
care under a basic dental benefits plan shall— 
"(1) pay no charge for care described in subsection (dXD; 
"(2) pay 20 percent of the charges for care described in 
subsection (dX2); and 
"(3) pay a percentage of the charges for care described 
in subsection (dX3) that is determined appropriate by the Sec-
retary of Defense, after consultation with the other administer-
ing Secretaries.". 
(e) REPEAL OF ANNUAL LIMIT ON EXPENDITURES UNDER PRO-
GRAM.—Such section is further amended by striking out subsection 
(h). 
(D PROGRAM OF IMPROVED DEPENDENTS' DENTAL BENEFITS.— 
(1) The Secretary of Defense, after consulting with the other admin-
istering Secretaries, shall devise and implement a program for 
the improvement of the provision of dental benefits to dependents 
of members of the Armed Forces under section 1076a of title 10, 
United States Code. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2431 
(2) For purposes of this subsection, the term "administering 
Secretaries" has the meaning given such term in section 1072(3) 
of title 10, United States Code. 
(3) Of the funds appropriated pursuant to the authorization 
of appropriations in section 301, $50,000,000 shall be available 
to the Secretary of Defense for carrying out paragraph (1). 
(g) EFFECTIVE DATE AND APPUCATION OF AMENDMENTS.—The lo use io76a 
amendments made by this section shall take effect on the date "°^-
of the enactment of this Act, except that— 
(1) the $10 per month premium in effect under subsection 
(bX2) of section 1076a of title 10, United States Code, on 
the day before the date of the enactment of this Act shall 
continue to apply until April 1, 1993, to members enrolled 
in a basic dental benefits plan under such section; and 
(2) the Secretary of Defense may not include the benefits 
authorized under subsection (dX3) of such section, as added 
by subsection (c), in a basic dental benefits plan under such 
section until April 1,1993. 
SEC. 702. PROGRAMS RELATING TO THE SALE OF PHARMACEUTICALS. 10 USC 1079 
(a) DEMONSTRATION PROJECT F
O
R PHARMACEUTICALS BY MAIL.— 
Not later than 18 months after the date of the enactment of this 
Act, the Secretary of Defense, in consultation with the administering 
Secretaries, shall— 
(1) establish a demonstration project that permits eligible 
persons described in subsection (c) to obtain prescription 
pharmaceuticals by mail in connection with medical care fur-
nished to such persons under chapter 56 of title 10, United 
States Code; and 
(2) conduct the demonstration project in two or more 
regions selected by the Secretary, each of which consists of 
two or more States. 
(b) RETAIL PHARMACY NETWORK.—TO the maximum extent prac-
ticable, the Secretary of Defense shall include in each managed 
health care program initiated, awarded, or renewed by the Secretary 
after January 1, 1993, a program to supply prescription pharma-
ceuticals to eligible persons described in subsection (c) through 
a managed care network of community retail pharmacies in the 
area covered by the managed health care program. 
(c) ELIGIBLE PERSONS.—^A person eligible to obtain pharma-
ceuticals under the demonstration project established under sub-
section (a) or the retail pharmacy network included in a managed 
health care program under subsection (b) is any person living 
in the area coveiiBd by the demonstration project or managed heal£ 
care program— 
(1) who is eligible for medical care under a contract for 
medical care entered into by the ScM^retary of Defense under 
section 1079 or 1086 of title 10, United States Code; or 
(2)who-
(A) would be eligible for medical care under a contract 
for medical care entered into under section 1086 of such 
title except for operation of subsection (dXl) of such section; 
and 
(B) resides in an area that is adversely affected (as 
determined by the Secretary) by the closure of a health 
care facility of the uniformed services as a result of the 
106 STAT. 2432 
PUBLIC LAW 102-484—OCT. 23, 1992 
closure or realignment of the military installation at which 
such facility is located. 
(d) PHARMACEUTICALS OFFERED; PURCHASE FEES.—The Sec-
retanr of Defense, in consultation vdth the administering Secretar-
ies, snail— 
(A) determine the pharmaceuticals that may be obtained 
by eligible persons under the demonstration project established 
under subsection (a) or the retail pharmacy network included 
in a managed health care program under subsection (b); and 
(B) esteblish an appropriate fee, charge, or copayment to 
be paid by such persons for pharmaceuticals obtained under 
the demonstration project or managed health care program. 
(e) REPORT REGARDING DEMONSTRATION PROJECT.—Not later 
than two vears after the establishment of the demonstration project 
under subsection (a), the Secret£ury of Defense shall submit to 
Congress a report— 
(1) aescribing the results of the demonstration project 
required by subsection (a); 
(2) contsdning such recommendations for revision of the 
demonstration project as the Secretary considers to be nec-
essary; and 
(3) containing a plan (including a schedule) for implement-
ing the demonstration project throughout the United States. 
(f) DEFINITIONS.—In this section, the terms "uniformed services" 
and "administering Secretaries" have the meanings given those 
terms in section 1072 of title 10, United States Code. 
SEC. 
703. MAXIMUM ANNUAL AMOUNT FOR DEDUCTIBLES AND 
COPAYMENTS. 
(a) REDUCED MAXIMUM ANNUAL AMOUNT.—Section 1086(bX4) 
of title 10, United States Code, is amended by striking out "$10,000" 
and inserting in lieu thereof "$7,500". 
10 use 1086 
(b) APPLICABIUTY AFTER FISCAL YEAR 1992.—The amendment 
note. 
made by subsection (a) shall apply with respect to fiscal years 
beginning after September 30,1992. 
SEC. 704. COMPREHENSIVE INDIVIDUAL CASE MANAGEMENT PRO-
GRAM UNDER CHAMPUS. 
V Section 1079(a) of title 10, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (15XD); 
(2) by striking out the period at the end of paragraph 
(16) and inserting in Ueu thereof "; and"; and 
(3) by adding at the end the following new paragraph: 
"(17) the Secretary of Defense may estabUsh a program 
for the individual case management of a person covered by 
this section or section 1086 of this title who has extraordinary 
medical or psycholo^cal disorders and, under such a program, 
: i may waive oenefit hmitations contained in paragraphs (5) and 
(13) of this subsection or section 1077(bXl) of this title and 
authorize the payment for comprehensive home health care 
services, supplies, and equipment if the Secretary determines 
that sudi a waiver is cost-effective and appropriate.". 
SEC. 70S. CONTINUATION OF CHAMPUS COVERAGE FOR CERTAIN 
MEDICARE PARTICIPANTS. 
(a) INCLUSION OF END STAGE RENAL DISEASE PATIENTS.—Sec-
tion 1086(dX2XA) of title 10, United States Code, is amended by 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2433 
inserting before the semicolon the following: ''or section 226A(a) 
of such Act (42 U.S.C. 426-1(8))". 
(b) COVERAGE OF CARE PROVIDED SINCE SEPTEMBER 30,1991.— lo use lose 
Subsection (d) of section 1086 of title 10, United States Code, "(^^ 
as added by section 704(a) of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 
Stat. 1401) and amended by subsection (a) of this section, shall 
X
ly with respect to health care benefits or services received 
r September 30, 1991, by a person described in subsection 
(dX2) of such section 1086 if such benefits or services would have 
been covered under a plan contracted for under such section 1086. 
(c) CONFORMING AMENDMENTS,—(1) Section 704 of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public 
Law 102-190; 105 Stat. 1401) is amended by striking out subsection l
O use 1
0
8
6 
(c). 
"°*®-
(2) Section 8097 of the Department of Defense Appropriations 
Act, 1992 (Public Law 102-172; 105 Stat. 1197) is repealed. 
SEC. 706. HEALTH CARE FOR CHILDREN OF MEMBERS AND FORMER 
MEMBERS WHEN SUCH CHILDREN SUFFER MENTAL OR 
PHYSICAL INCAPACMR WHILE IN COLLEGE. 
Section 1072(2) of title 10, United States Code, is amended 
by striking out subparagraph (D) and inserting in lieu thereof 
the following new subparagraph: 
"(D) an unmarried legitimate child, including an 
adopted child or stepchild, who— 
"(i) has not attained the age of 21; 
"(ii) has not attained the age of 23, is enrolled 
in a fiill-time course of study at an institution of higher 
learning approved by the administering Secretary and 
is, or was at the time of the member's or former mem-
ber's death, in fact dependent on the member or former 
member for over one-half of the child's support; or 
"(iii) is incapable of self-support because of a men-
tal or physical incapacity that occurs while a dependent 
of a member or former member under clause (i) or 
(ii) and is, or was at the time of the member's or 
former member's death, in fact dependent on the mem-
ber or former member for over one-half of the child's 
support;". 
Subtitle B—^Health Care Management 
SEC. 711. NATIONAL CLAIMS PROCESSING SYSTEM FOR CHAMPUS. 
10 USe 1106 
(a) CLAIMS PROCESSING SYSTEM REQUIRED.—(1) The Secretary 
c^Jftracts. 
of Defense, in consultation with the other administering Secretaries, 
shall provide by contract for the operation of a claims processing 
system to be known as the "National Claims Processing System 
for CHAMPUS". The Secretary may procure the system in install-
ments, including the use of incremental modules. The system, 
including completion and integration of all modules, shall be in 
fiill operation not later than seven years after the date of the 
enactment of this Act. 
(2) The Secretary shall use competitive procedures for entering 
into any contract or contracts under paragraph (1). 
(b) SYSTEM FUNCTIONS.—^The claims processing system shall 
include at least the following functions: 
106 STAT. 2434 
PUBLIC LAW 102-484—OCT. 23, 1992 
(1) The maintenance in electronic or written form, or both, 
of appropriate information on health care services provided 
to covered beneficiaries by or through third parties under 
CHAMPUS or any alternative CHAMPUS program or dem-
onstration project. Such information shall include— 
(A) the services to which such beneficiaries are entitled 
or eligible under an insurance plan, mediccQ service plan, 
or health plan under CHAMPUS; 
(B) the insurers, medical services, or health plans that 
provide such services; and 
(C) the services available to beneficiaries under each 
insurance plan, medictd service plan, or health plan, and 
the payment required of the beneficiaries and the insurer, 
medical service, or health plan for such services under 
the plan. 
(2) The ability to receive in electronic or written form 
claims submitted by insurers, medical services, and health 
plans for services provided to covered beneficiaries. 
(3) The ability to process, a(^udicate, and pay G
>
y electronic 
or other means) such claims. 
(4) The provision of the information described in para-
graphs (1) and (2) and information on the matters referred 
to in paragraph (3) by telephone, electronic, or other means 
to covered beneficiaries, insurers, mediccQ services, and health 
plans. 
(c) CONSISTENCY WITH MEDICARE CLAIMS REQUIREMENTS.—The 
Secretary of Defense shall ensure, to the maximum extent prac-
ticable, tiiat claims submitted to the claims processing system con-
form to the requirements applicable to claims submitted to the 
Secretary of Health and Human Services with respect to medictd 
care provided under part A of title XVIII of the Socitd Security 
Act (42 U.S.C. 1395c et seq.). 
(d) IDENTIFICATION CARD.—The Secretary of Defense shall take 
appropriate actions to determine whether the use by covered ben-
eficiaries of a standard identification card containing electronically 
readable information will enhance the capability of the claims 
processing center to carry out the activities set forth in subsection 
(b). 
(e) TRANSITION TO SYSTEM.—After January 1, 1996, any modi-
fication or acquisition related to claims processing systems oper-
ations in the Office of the Civilian Health and Medical Program 
of the Uniformed Services shall contain provisions to transfer such 
operations to the claims processing system required by subsection 
(a). After January 1, 1999, any renewal or acquisition for fiscal 
intermediary services (including coordinated care implementations 
in military hospitals and clinics) shall contain provisions to transfer 
claims processing systems operations related to such fiscal 
intermediary services to the claims processing system required by 
subsection (a). 
(f) DEFINITIONS.—^For purposes of this section: 
(1) The term "administering Secretaries" has the meaning 
S
'ven that term in paragraph (3) of section 1072 of title 10, 
nited States Code. 
(2) The term "CHAMPUS" means the Civilian Health and 
A Medical Program of the Uniformed Services, as defined in para-
graph (4) of such section. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2435 
(3) The term "covered beneficiarjr" has the meaning given 
that term in paragraph (5) of such section. 
SEC. 712. CONDITION ON EXPANSION OF CHAMPUS REFORM INITIA- 
10 USC 1073 
nVE TO OTHER LOCATIOPffiL 
note. 
(a) CONDITION.—^Except as provided in subsection (b), the Sec-
retary of Defense may not enand the CHAMPUS reform initiative 
underway in the States of Camomia and Hawaii to another location 
until not less than 90 days after the date on which the Secretary 
certifies to Congress that expansion of the initiative to that location 
is the most emcient method of providing health care to covered 
beneficiaries in that location. In determining whether the expansion 
of the CHAMPUS reform initiative to a location is the most efiScient 
method of providing health care to covered beneficiaries in that 
location, the Secretary shall consider the cost-effectiveness of the 
initiative and the effect of the expansion of the initiative on the 
access of covered beneficiaries to nealth care and on the quality 
of health care received by covered beneficiaries. 
(b) EXCEPTION.—^The Secretary of Defense may waive the oper-
ation of the condition on the esroansion of the CHAMPUS reform 
initiative specified in subsection (a) in order to expand the initiative 
to a location adversely affected by the closure or realignment of 
a military installation in that location, as determined by the Sec-
retary. 
(c) REPORT ON CERTIFICATION.—Not later than 30 days afl^r 
a certification by the Secretary of Defense under subsection (a), 
the Comptroller General and the Director of the Congressional 
Budget Office shall jointly submit to Congress a report evaluating 
the certification. 
(d) DEFINITIONS.—^For purposes of this section: 
(1) The terms "CHAMPUS reform initiative" and 'initia-
tive" mean the hecdth care delivery project required by section 
702 of the National Defense Authorization Act for Fiscal Year 
1987 (PubUc Law 99-661; 10 U.S.C. 1073 note). 
(2) The term "covered beneficiary" has the meaning given 
that term in section 1072(5) of title 10, United States Code. 
SEC. 71S. ALTERNATIVE HEALTH CARE DELIVERY METHODOLOGIES. 10 USC 1073 
(a) CONTINUATION OF HEALTH CARE REFORM INITIATIVES.—(1) ^°^' 
During fiscal years 1993 through 1996, the Secretary of Defense 
shall continue to conduct a broad array of reform initiatives for 
fiimishing health care to persons who are eligible to receive health 
care under chapter 55 of title 10, United States Code. 
(2) The health care reform initiatives conducted in accordance 
with paragraph (1) shall include CHAMPUS alternatives, the 
CHAMPUS reform initiative, catchment area management, coordi-
nated care, and such other reform initiatives as the Secretary 
of Defense considers to be appropriate. 
(3) Not later than September 30, 1994, the Secretary shall Reports. 
submit to Congress a report regarding the health care reform initia-
tives conducted during fiscal years 1993 and 1994. The report 
shall include a discussion of the cost effectiveness of the initiatives 
and the extent to which the persons who received health care 
under such initiatives are satisfied with that health care. 
(b) CONTINUATION OF CHAMPUS REFORM INITIATIVE IN HAWAII Contracts. 
A
N
D CALIFORNIA.—(1) The Secretary of Defense shall ensure tiiat 
a replacement or successor contract for the CHAMPUS reform 
initiative contract applicable to the States of California and Hawaii 
59-194 O—93 
21: QL 3 (Pt. 3) 
106 STAT. 2436 
PUBLIC LAW 102-484—OCT. 23, 1992 
Contracts. 
California. 
Hawaii. 
Reports. 
is awarded in sufficient time for the contractor to begin to provide 
health care in those States under the replacement or successor 
contract not later than August 1,1993. 
(2) The Secretary shall use competitive procedures for awarding 
a replacement or successor contract under paragraph (1). 
(c) EVALUATION OF CHAMPUS REFORM INITIATIVE.—(1) Not 
later than Jime 1, 1994, the Secretary of Defense shall enter into 
a contract with a non-Federal entity under which the entity will 
perform an evaluation of the performance of the CHAMPUS reform 
mitiative in the States of California and Hawaii. The evaluation 
shall cover each of the fiscal years during which the initiative 
is carried out in those States under the replacement or successor 
contract referred to in subsection (b) and under the predecessor 
contracts. The evaluation shall include a comparison of the cost 
savings and claims experience resulting in each such fiscal year 
from canying out the CHAMPUS reform initiative in those States. 
(2) Not later than one year after the date on which the contract 
for evaluation is entered into imder paragraph (1), the non-Federal 
entity making the evaluation shall submit to the Secretary and 
to Congress a report on the results of the evaluation. 
(d) DEFINITIONS.—For purposes of this section: 
(1) The term "CHAMPUS" means the Civilian Health and 
Medical Program of the Uniformed Services, as defined in p€u:a-
graph (4) of section 1072 of title 10, United States Code. 
(2) The term "covered beneficiary^ has the meaning given 
that term in paragraph (5) of such section. 
(3) The term "CHAMPUS reform initiative" means the 
health care delivery project required by section 702 of the 
National Defense Authorization Act for Fiscal Year 1987 (Public 
Law 99-661; 10 U.S.C. 1073 note). 
(4) The term "catchment area management" means the 
methodology provided for demonstration in accordance with 
section 731 of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180; 10 U.S.C. 1092 
note). 
SEC. 714. MANAGED HEALTH CARE NETWORK FOR TTOEWATER 
REGION OF VIRGINIA. 
(a) REAFFIRMATION OF COMMITMENT.—The delivery of health 
C
€
u
r
e services by the Department of Defense to members of the 
Armed Forces serving on active duty in the Tidewater region of 
Virginia and to covered beneficiaries under chapter 55 of title 
10, United States Code, residing in that region shall be made 
in the manner specified in section 712(b) of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190; 105 Stat. 1402). That section shall not be construed as 
being limited, modified, or superseded bv any provision of law 
contained in an appropriation Act, whether enacted before, on, 
or after the date of the enactment of this Act, unless that provision 
of law— 
(1) specifically refers to that section and this section; and 
(2) states that the provision of law Umits, modifies, or 
supersedes that section. 
(b) CONTENT OF NETWORK.—Section 712(b) of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public 
Law 102-190; 105 Stat. 1402) is amended by adding at the end 
the following new paragraphs: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2437 
"(3) The Secretary of Defense shall modify the Policy Guidelines South Carolina. 
on the Department of Defense Coordinated Care Program to provide 
for the operation of the program required by this subsection in 
a manner consistent with the military health care demonstration 
project underway in Charleston, South Carolina, including the fol-
lowing features— 
"(A) a reduction of copayment and deductibles for covered 
beneficiaries who enroll in the program; 
"(B) an opportimity for covered beneficiaries who do not 
enroll in the program to use the network of preferred providers 
established under the program and a reduction of copayment 
or deductibles for such covered beneficiaries; and 
"(C) continued access for all covered beneficicuies to health 
care in military treatment facilities regardless of enrollment 
status, subject to the availability of space and facilities, the 
capabilities of the medical or dental staff, and reasonable pref-
erences for covered beneficiaries who enroll in the program. 
"(4) For purposes of this subsection, the term ToUcy Guidelines 
on the Department of Defense Coordinated Care Program' means 
the Policy Guidelines on the Department of Defense Coordinated 
Care Program that were issued by the Assistant Secretary of 
Defense for Health Affairs on January 8,1992.". 
SEC. 715. POSITIVE INCENTIVES UNDER THE COORDINATED CARE 
PROGRAM. 
(a) INCLUSION OF POSITIVE INCENTIVES FOR ENROLLMENT.— 
The Secretary of Defense shall modify the Policy Guidelines on 
the Department of Defense Coordinated Care Program to provide 
covered beneficiaries with additional positive incentives to enroll 
in the Coordinated Care Program of the Department of Defense. 
(b) TYPES OF POSITIVE SICENTIVES.—^The positive incentives 
provided under subsection (a) may include— 
(1) a reduction of tjie copayment and deductibles prescribed 
under sections 1079 and 1086 of title 10, United States Code, 
for covered beneficiaries who enroll in the Coordinated Care 
Program; 
(2) alternative cost-sharing requirements for certain t3rpes 
of care; and 
(3) an expansion of the benefits provided under the Coordi-
nated Care Program beyond the benefits authorized under 
CHAMPUS. 
(c) EFFECT ON CERTAIN EXISTING PROGRAMS.—The modification 
required under subsection (a) shall permit health care demonstra-
tion projects in existence on the ^te of the enactment of this 
Act (including the CHAMPUS reform initiative, the catchment area 
management projects, the CHAMPUS select fiscal intermediary 
program in the Southeast Region, and the managed health care 
program established in the Tidewater region of Virginia) and fiiture 
managed health care initiatives undertaken by the Department 
of Defense to offer covered beneficieiries who do not enroll in the 
Coordinated Care Program the opportimity to use a preferred pro-
vider network of health care providers. 
(d) DETERMINATION OF INCENTIVES.—^In determining what level 
and types of positive incentives are likely to induce covered bene-
ficiaries to enroll in the Coordinated Care Program, the Secretary 
of Defense shall take into consideration the extent to which covered 
106 STAT. 2438 
PUBLIC LAW 102-484—OCT. 23, 1992 
beneficiaries not enrolled in the program are permitted to choose 
health care providers without prior referral or approval. 
(e) PROHiBinON O
N ExcLUSiONS.--Subject to the availability 
of space and facilities aiid the capabilities of the medical or dental 
Stan, the Secretary of Defense may not deny access to military 
treatment facilities to covered beneficiaries who do not enroll in 
the Coordinated Care Program. However, the Secretary may estab-
lish reasonable admission preferences for covered beneficiaries 
enrolled in the program as an incentive to encourage enrollment. 
(f) DEFINITIONS.—^For purposes of this section: 
(1) The term "CHAMPUS" means the Civilian Health and 
Medical Program of the Uniformed Services, as defined in para-
graph (4) of section 1072 of title 10, United States Code. 
(2) The term "covered beneficiary^ has the meaning given 
that term in paragraph (5) of such section. 
(3) The term 'Tolicy Guidelines on the Department of 
Defense Coordinated Care Program" means the Policy Guide-
lines on the Department of Defense Coordinated Care Program 
that were issued by the Assistfuit Secretary of Defense for 
Health Affairs on January 8,1992. 
SEC. 716. EXCEPTION FROM FEDERAL ACQUISITION REGULATION 
FOR MANAGED-CARE DELIVERY AND REIMBURSEMENT 
MODEL. 
Section 718(c) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) is amended 
by adding at the end the following new sentence: "A participation 
agreement negotiated between a Uniformed Services Treatment 
Facility and the Secretary of Defense under this subsection shall 
not be subject to the Federal Acquisition Regulation issued pursuant 
to section 25(c) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 421(c)).''. 
Subtitle C—Other Matters 
10 use 1079 
SEC. 721. CORRECTION OF OMISSION IN DELAY OF INCREASE OF 
iiote 
CHAMPUS 
DEDUCTIBLES 
RELATED 
TO 
OPERATION 
DESERT STORM. 
(a) LOWER CHAMPUS ANNUAL DEDUCTIBLE.—In the case of 
health care provided under section 1079 or 1086 of title 10, United 
States Code, during the period beginning on April 1, 1991, and 
ending on September 30, 1991, to a CHAMPUS beneficiary 
described in subsection (b), the annual deductibles specified in 
such sections applicable to that care may not exceed ^e annual 
deductibles in enect under such sections on November 4, 1990. 
(b) ELIGIBLE CHAMPUS BENEFICIARIES.—A CHAMPUS bene-
ficiary referred to in subsection (a) is a covered beneficiary of 
the Civilian Health and Medical Program of the Uniformed Services 
who, during any portion of the period specified in that subsection— 
(1) was a member or former member of a uniformed service 
entitled to retired or retainer pay and served on active dutv 
in the Persian Gulf theater o
f
^ operations in connection witn 
Operation Desert Storm; or 
(2) was a dependent of a member of a uniformed service 
who served on active duty in the Persian Gulf theater of oper-
ations in connection with Operation Desert Storm. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2439 
(c) CREDIT OR REIMBURSEMENT OF EXCESS.—Subject to the 
availability of appropriated funds to the Secretary of Defense, the 
Secretary shall provide— 
(1) for the reimbursement of the amount of any deductible 
paid imder section 1079 or 1086 of title 10, United States 
Code, during the period specified in subsection (a) in excess 
of the amount required to be paid by operation of that sub-
section; or 
(2) for a credit against the annual deductible required 
under such sections for a fiscal year equal to the amoimt 
of the excess deductible paid. 
(d) DEFINITIONS.—^For purposes of this section, the term "Opjer-
ation Desert Storm" has the meaning given that term in section 
3(1) of the Persian Gulf Conflict Supplemental Authorization and 
Personnel Benefits Act of 1991 (Public Law 102-25; 10 U.S.C. 
101 note). 
SEC. 722. MILITARY HEALTH CARE FOR PERSONS RELIANT ON HEALTH 10 USC 1073 
CARE FACIUTIES AT BASES BEING CLOSED OR "o^^ 
REAUGNED. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a joint services working group on the provision of military health 
care to persons who rely for health care on health care facilities 
at military installations being closed or realigned. 
(b) MEMBERSHIP.—^The members of the working group shall 
include the Assistant Secretary of Defense for Health Affairs, the 
Surgeon Cjeneral of the Army, the Surgeon (Jeneral of the Navy, 
the Surgeon General of the Air Force, or a designee of each such 
person, and one independent member appointed by the Secretary 
of Defense from among private citizens whose interest in matters 
within the responsibility of the working group qualify that person 
to represent all personnel entitled to nealth care under chapter 
55 of title 10, United States Code. 
(c) DUTIES.—(1) In the case of each closure or realignment 
of a military installation that will adversely affect the accessibility 
of health care in a facility of the uniformed services for persons 
entitled to such health care under chapter 55 of title 10, United 
States Code, the working group shall solicit the views of such 
persons regarding suitable substitutes for the furnishing of health 
care to those persons under that chapter. 
(2) In carrying out paragraph (1), the working group— 
(A) shall conduct meetings with persons referred to in 
that paragraph, or representatives of such persons; 
(B) may use reliable sampling techniques; 
(C) shall visit the areas where closures or realignments 
of military installations will adversely affect the accessibility 
of health care in a facility of the uniformed services for persons 
referred to in paragraph (1) and shall conduct public meetings; 
and 
(D) shall ensure that members of the uniformed services 
on active duty, members and former members of the uniformed 
services entitled to retired or retainer pay, and dependents 
and survivors of such members and retired personnel are 
afforded the opportunity to express views. 
(d) RECOMMENDATIONS.—With respect to each closure and 
realignment of a military installation referred to in subsection 
(c), the working group shall submit to the Congress and the Sec-
106 STAT. 2440 
PUBLIC LAW 102-484—OCT. 23, 1992 
retary of Defense the working group's recommendations regarding 
the altemative means for contmuing to provide accessible health 
care under chapter 55 of title 10, United States Code, to persons 
referred to in that subsection. 
(e) APPUCATION OF ADVISORY COMMITTEE ACT.—The provisions 
of the Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the joint services working group established pursuant 
to tms section. 
SEC. 723. EXPANSION OF COMPREHENSIVE STUDY OF THE MILITARY 
MEDICAL CARE SYSTEM. 
Section 733 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 1071 note) 
is amended— 
(1) in subsection (b), by inserting after p£iragraph (2) the 
following new paragraph: 
"(3) A comprehensive review of the Federal employees 
health benefits program imder chapter 89 of title 5, United 
States Code, in order to determine whether furnishing health 
care under a similar program to persons entitled to health 
care under chapter 55 of title 10, United States Code, would 
result in the efficient and cost-effective provision of health 
care to such persons."; and 
(2) in subsection (e)— 
(A) by redesignating paragraphs (3), (4), and (5) as 
para^aphs (4), (5), and (6); and 
(B) by inserting after paragraph (2) the following new 
paragraph: 
(3) The results of the review under subsection (bX3) and 
the Secretary's recommendations on the basis of those results.". 
10 use 1071 
SEC. 724. ANNUAL BENEFICIARY SURVEY. 
(a) SURVEY REQUIRED.—^The administering Secretaries shall 
conduct annually a formal survey of persons receiving health care 
under chapter 55 of title 10, United States Code, in order to deter-
mine the following: 
(1) The availability of health care services to such persons 
through the health care system provided for under that diapter, 
the types of services received, and the facilities in which the 
services were provided. 
(2) The familiarity of such persons with the services avail-
able under that system and with the facilities in which such 
services are provided. 
(3) The health of such persons. 
(4) The level of satisfaction of such persons with that 
system and the quality of the health C
€
u
:
e provided through 
tnat system. 
(5) Such other matters as the administering Secretaries 
determine appropriate. 
(b) DEFINITION.—^For purposes of this section, the term **admin-
istering Secretaries" has the meaning given such term in section 
1072(3) of title 10, United States Code. 
10 use 1074 
SEC. 725. STUDY ON RISK-SHARING CONTRACTS FOR HEALTH CARE. 
(a) STUDY.—^Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Defense, in consultation 
with the Secretary of Health and Human Services, shall carry 
out a study of the feasibility and advisability of entering into 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2441 
risk-sharing contracts with eligible organizations described in sec-
tion 1876(b) of the Social Security Act (42 U.S.C. 1395mm(b)) to 
furnish health care services to persons entitled to health care in 
a facility of a uniformed service under section 1074(b) or 1076(b) 
of title 10, United States Code. 
(b) PLAN.—If the Secretary of Defense determines as a result 
of the study required by subsection (a) that entry into risk-sharing 
contracts is feasible and advisable, the Secretary shall develop 
a plan for the entry into such contracts in accordance with the 
Secretary's determinations imder the study. 
(c) IMPORT.—^The Secretary of Defense shall submit to Congress 
a report describing the results of the study and containing any 
plan developed imder subsection (b) to enter into risk-sharing 
contracts. 
SEC. 726. SENSE OF CONGRESS REGARDING HEALTH CARE POLICY 
FOR THE UNIFORMED SERVICES. 
It is the sense of Congress that— 
(1) members and former members of the uniformed services, 
and their dependents and survivors, should have access to 
health care imder the health care delivery system of the imi-
formed services regardless of the age or health care status 
of the person seeking the health care; 
(2) such health care delivery system should include a com-
prehensive managed care plan; 
(3) the comprehensive managed care plan should involve 
medical personnel of the uniformed services (including reserve 
component personnel), civilian health care professionals of the 
executive agency of such uniformed services, medical treatment 
facilities of the uniformed services, contract health care person-
nel, £md the medicare system; 
(4) the Secretary of Defense, the Secretary of Health and 
Human Services, and the Secretary of Transportation should 
continue to provide active duty personnel of the uniformed 
services with free care in medical treatment facilities of the 
imiformed services and to provide the other personnel referred 
to in paragraph (1) with health care at reasonable cost to 
the recipients of the care; and 
(5) the Secretaries referred to in paragraph (4) should 
examine additional health care options for the personnel 
referred to in paragraph (1) including, in the case of persons 
eligible for medicare under title XVIII of the Social Security 
Act, options providing for— 
(A) the reimbursement of the Department of Defense 
by the Secretary of Health and Human Services for health 
care services provided such personnel at medical treatment 
facilities of the Department of Defense; and 
(B) the sharing of the payment of the costs of contract 
health care by the Department of Defense and the Depart-
ment of Health and Human Services, with one such depart-
ment being the primary payer of such costs and the other 
such department being the secondary payer of such costs. 
106 STAT. 2442 
PUBLIC LAW 102-484—OCT. 23, 1992 
Contracts 
TITLE VHI—ACQUISITION POLICY, ACQUISITION 
MANAGEMENT, AND RELATED MATTERS 
Subtitle A—Acquisition Assistance Programs 
SEC. 801. CODIFICATION AND AMENDMENT OF SECTION 1207. 
(a) CODIFICATION.—(1) Chapter 137 of title 10, United States 
Code, is amended by inserting after section 2322 a new section 
2323 consisting of— 
(A) a heading as follows: 
*^§2323. Contract goal for small disadvantaged businesses 
and certain institutions of higher education**; 
and 
(B) a text consisting of the text of section 1207 of the 
National Defense Authorization Act for Fiscal Year 1987 (Public 
Law 99-661), revised— 
(i) by replacing "each of fiscal years 1987, 1988, 1989, 
1990, 1991, 1992, and 1993" in subsection (aXD with "each 
of fiscal years 1987 through 2000"; 
(ii) by replacing "each of fiscal years 1987, 1988, 1989, 
1990, 1991, 1992, and 1993." in subsection (h) with "each 
of fiscal years 1987 through 2000."; and 
(iii) by replacing "of title 10, United States Code," 
in subsection (e)(2) with "of this title". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2322 
the following new item: 
"2323. Contract goal for small disadvantaged businesses and certain institutions of 
higher education.". 
(b) GOALS.—Subsection (a) of section 2323 of title 10, United 
States Code, as added by subsection (a), is amended by adding 
at the end the following new paragraph: 
Regulations. 
"(3) The Secretary of Defense snail prescribe regulations that 
provide procedures or guidelines for contracting officers to set goals 
which Department of Defense prime contractors that are required 
to submit subcontracting plans under section 8(dX4XB) of the Small 
Business Act (15 U.S.C. 637(dX4XB)) in furtherance of the Depart-
ment's program to meet the 5 percent goal specified in paragraph 
(1) should meet in awarding subcontracts, including subcontracts 
to minority-owned media, to entities described in that paragraph.". 
(c) ACTIONS TO ATTAIN GOAL.—Subsection (e) of section 2323 
of title 10, United States Code, as added by subsection (a), is 
amended— 
(1) in the matter preceding paragraph (1), by striking out 
"subsection (a)—** and inserting in lieu thereof "subsection (a):"; 
(2) by striking out paragraph (1), and inserting in lieu 
thereof the following: 
"(IXA) The Secretary of Defense shall— 
"(i) ensure that substantial progress is made in increas-
ing awards of Department of Defense contracts to entities 
described in subsection (aXl); 
"(ii) exercise his utmost authority, resourcefulness, and 
diligence; and 
"(iii) actively monitor and assess the progress of the 
military departments, Defense Agencies, and prime con-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2443 
tractors of the Department of Defense in attaining such 
(B) In making the assessment under subparagraph (AXiii), 
the Secretary shall evaluate the extent to which use of the 
authority provided in paragraphs (2) and (3) and compliance 
with the requirement in paragraph (4) is effective for facilitating 
the attainment of the goal.**; 
(3) by adding at the end of paragraph (2) the following: 
The Secretary shall prescribe regulations that provide guid- Regulations. 
ance to contracting omcers for making advance pajnments to 
entities described in subsection (aXD under such section."; 
(4) in paragraph (3), by inserting "and partial set asides 
for entities described in subsection (aXD" after "(including 
awards imder section 8(a) of the Small Business Act"; ana 
(5) by adding at the end the following new paragraph: 
"(5) The Secretary shall prescribe regulations which provide Regulations. 
for the following: 
"(A) Procedures or guidance for contracting ofi&cers 
to provide incentives for prime contractors referred to in 
subsection (aX3) to increase subcontractor awards to enti-
ties described in subsection (aXl). 
"(B) A requirement that contracting officers emphasize 
the award of contracts to entities described in subsection 
(aXD in all industry categories, including those categories 
in which such entities have not traditionally dominated. 
"(C) Guidance to Department of Defense personnel on 
the relationship among the following programs: 
"(i) The program implementing this section. 
"(ii) The program established under section 8(a) 
of the Small Business Act (15 U.S.C. 637(a)). 
"(iii) The small business set-aside program estab-
lished under section 15(a) of the Small Business Act 
(15 U.S.C. 644(a)). 
"(D) With respect to a Department of Defense procure-
ment which is reasonably likely to be set aside for entities 
described in subsection (aXD, a requirement that (to the 
maximum extent practicable) the procurement be des-
ignated as such a set-aside before the solicitation for the 
procurement is issued. 
"(£) Policies and procedures which, to the maximum 
extent practicable, will ensure that current levels in the 
number or dollar value of contracts awarded under the 
program established under section 8(a) of the Small Busi-
ness Act (15 U.S.C. 637(a)) and under the small business 
set-aside program established under section 15(a) of the 
Small Business Act (15 U.S.C. 644(a)) are maintcdned and 
that every effort is made to provide new opportunities 
for contract awards to eligible entities, in order to meet 
the goal of subsection (a). 
(F) Implementation of this section in a manner which 
will not alter the procurement process under the program 
established under section 8(a) of the Small Business Act 
(15 U.S.C. 637(a)). 
"(G) A requirement that one factor used in evaluating 
the performance of a contracting officer be the ability of 
the officer to increase contract awards to entities described 
in subsection (aXD-
106 STAT. 2444 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(H) Increased technical assistance to entities described 
in subsection (aXl).". 
(d) REQUIREMENTS RELATING TO STATUS.—Subsection (f) of sec-
tion 2323 of title 10, United States Code, as added by subsection 
(a), is amended— 
(1) by striking out "PENALTIES FOR MISREPRESENTATION.— 
Whoever" and inserting in lieu thereof "PENALTIES AND REGULA-
TIONS RELATING TO STATUS.—(1) Whoever"; and 
Regulations. 
(2) bv adding at the end the following new paragraph: 
"(2) The Secretary of Defense shall prescribe regulations which 
provide for the following: 
"(A) A requirement that a business which represents itself 
as an entity described in subsection (aXD and is seeking a 
Department of Defense contract maintain its status as an entity 
at the time of contract award. 
"(B) A prohibition on the award of a contract under this 
section to an entity described in subsection (aXD unless the 
entity agrees to comply with the requirements of section 15(oXl) 
of the Small Business Act (15 U.S.C. 644(0X1)).". 
(e) DETERMINATION BY SECRETARY OF DEFENSE.—Section 2323 
of title 10, United States Code, as added by subsection (a), is 
further amended— 
(1) by redesignating subsections (g) and (h) as subsections 
(h) and (i), respectively; and 
(2) by adding after subsection (f) the following new sub-
section (g): 
"(g) DETERMINATION BY SECRETARY OF DEFENSE.—Under proce-
dures prescribed by the Secretary of Defense, a person may request 
the Secretary to determine whether the use of small disadvantaged 
business set asides by a contracting activity of the Department 
of Defense has caused a particular industry category to bear a 
disproportionate share of the contracts awarded to attain the goal 
estabUshed for that contracting activity for the purposes of this 
section. Upon making a determination that a particular industry 
category is bearing a disproportionate share, tiie Secretcuy shaU 
take appropriate actions to Umit the contracting activity's use of 
set asides in awarding contracts in that p^icular industry 
category.". 
(f) REPEAL OF REPORT ON PROGRESS IN MEETING CONTRACTING 
(JOALS.—^Effective on October 1, 1993, subsection (h) (as redesig-
nated by subsection (e)) of section 2323 of title 10, United States 
Code, as added by subsection (a), is amended— 
(1) by striking out "REPORTS" in the subsection heading 
and inserting in lieu thereof "REPORT"; 
(2) by striking out "final" in paragraph (2); 
(3) by striking out "July 15" in paragraph (1) and all 
that follows through "Not later than" in paragraph (2); 
(4) by redesignating paragraph (3) as paragraph (2) and 
in that paragraph striking out "reports described in paragraphs 
(1) and (2) shall each" and inserting in lieu thereof "report 
required under paragraph (1) shall"; 
(5) by redesignating paragraph (4) as paragraph (3) and 
in that paragraph striMng out "reports required under para-
graph (2)" and inserting in lieu thereof "report required under 
paragraph (1)"; and 
(6) by striking out paragraph (5). 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2445 
(g) CODIFICATION OF RELATED PROVISION.—(1) Chapter 137 of 
title 10, United States Code, is amended by inserting after section 
2323 (as added by subsection (a)) a new section consisting of— 
(A) a heading as follows: 
"§ 2323a. Credit for Indian contracting in meeting certain 
subcontracting goals for small 
disadvantaged 
businesses and certain institutions of higher edu-
cation**; 
and 
(B) a text consisting of the text of section 832 of the 
National Defense Authorization Act for Fiscal Years 1990 and 
1991 (Public Law 101-189; 10 U.S.C. 2301 note), revised in 
subsection (a) by replacing "section 1207 of the National 
Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 
2301 note)" with "section 2323 of this title". 
(2) The table of sections at the beginning of such chapter, 
as amended by subsection (a), is further amended by inserting 
after the item relating to section 2323 the following: 
"23238. Credit for Indian contracting in meeting certain subcontracting goals for 
small disadvantaged businesses and certain institutions of higner edu-
cation.". 
(h) CONFORMING REPEALS AND REDESIGNATIONS.—(1) Section 
1207 of the National Defense Authorization Act for Fiscal Year 
1987 (Public Law 99-661; 100 Stat. 3973) is repealed. 
lO use 2301 
(2) Section 2304(b)(2) of title 10, United States Code, is 
"''^ 
amended by striking out "section 1207 of the National Defense 
Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note)" 
and inserting in lieu thereof "section 2323 of this title". 
(3) Section 812(a) of the National Defense Authorization Act 
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
1424) is amended by striking out "section 1207(c)(3) of the National 
Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 
note)." and inserting in lieu thereof "section 2323(cX3) of title 10, 
United States Code.*. 
(4) Section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note) is 
amended— 
(A) in subsection (mX4), by striking out "section 1207(aX2) 
of the National Defense Authorization Act for Fiscal Year 1987 
(10 U.S.C. 2301 note)." and inserting in lieu thereof "section 
2323 of title 10, United States Code."; and 
(B) in subsection (mX6), by striking out "section 1207 of 
the National Defense Authorization Act for Fiscal Year 1987 
(10 U.S.C. 2301 note)" and inserting in lieu thereof "section 
2323 of title 10, United States Code,". 
(5) Section 832 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 2301 
note) is repealed. 
(6) Section 843 of the National Defense Authorization Act, 
Fiscal Year 1989 (44 U.S.C. 502 note), is amended— 
(A) in subsection (b), by striking out "section 1207(a) of 
the National Defense Authorization Act for Fiscal Year 1987 
(Public Law 99-661: 100 Stat. 3973)." and inserting in lieu 
thereof "section 2323(a) of title 10, United States Code.^; 
(B) in subsection (c), by striking out "section 1207(f) of 
the National Defense Authorization Act for Fiscal Year 1987 
106 STAT. 2446 
PUBLIC LAW 102-484—OCT. 23, 1992 
(Public Law 99-661: 100 Stat. 3974)." and inserting in lieu 
thereof "section 2323(0 of title 10, United States Code."; and 
(C) in subsection (d)— 
(i) by striking out "SECTION 1207 GOALS.—" and 
inserting in lieu thereof "DEPARTMENT OF DEFENSE 
GOALS.—"; and 
(ii) by striking out "section 1207 of the National 
Defense Authorization Act for Fiscal Year 1987 (Public 
Law 99-661: 100 Stat. 3973)," and inserting in lieu thereof 
"section 2323 of title 10, United States Code,". 
(7) Section 806 of the National Defense Authorization Act for 
Fiscal Years 1988 and 1989 (Public Law 100-180; 10 U.S.C. 2301 
note) is repealed. 
(8) Section 15 of the Small Business Act (15 U.S.C. 644) is 
amended— 
(A) in subsection (k)(9), by striking out "section 1207 of 
Public Law 99-661." and inserting in lieu thereof "section 2323 
of title 10, United States Code."; 
(B) in subsection (m)(l), by striking out "section 1207 of 
the National Defense Authorization Act for Fiscal Year 1987 
(10 U.S.C. 2301 note)" and inserting in lieu thereof "section 
2323 of title 10, United States Code,"; and 
(C) in subsection (m)(2)(C), by striking out "section 1207 
of the National Defense Authorization Act for Fiscal Year 1987 
(10 U.S.C. 2301 note)." and inserting in lieu thereof "section 
2323 of title 10, United States Code.". 
(9) The Small Business Competitiveness Demonstration Pro-
gram Act of 1988 (15 U.S.C. 644 note) is amended— 
(A) in section 713(a), by striking out "section 1207 of the 
National Defense Authorization Act for Fiscal Year 1987)" and 
inserting in lieu thereof "section 2323 of title 10, United States 
Code)"; 
(B) in section 721(a)(2)(B), by striking out "section 1207 
of the National Defense Authorization Act for Fiscal Year 1987 
(10 U.S.C. 2301 note);" and inserting in lieu thereof "section 
2323 of title 10, United States Code;"; and 
(C) in section 722(c)(1), by striking out "section 1207 of 
the National Defense Authorization Act for Fiscal Year 1987." 
and inserting in lieu thereof "section 2323 of title 10, United 
States Code. . 
SEC. 802. PROVISIONS 
RELATING 
TO 
SMALL 
DISADVANTAGED 
BUSINESSES AND SMALL BUSINESSES. 
Section 2323 of title 10, United States Code, as added and 
amended by section 801, is further amended— 
(1) by redesignating subsections (h) and (i) as subsections 
(i) and (j), respectively; and 
(2) by inserting after subsection (g) the following new sub-
section: 
"(h) 
COMPLIANCE 
WITH 
SUBCONTRACTING 
PLAN 
REQUIRE-
Regulations. 
MENTS.—(1) The Secretary of Defense shall prescribe regulations 
to ensure that potential contractors submitting sealed bids or 
competitive proposals to the Department of Defense for procurement 
contracts to be awarded under the program provided for by this 
section are complying with applicable subcontracting plan require-
ments of section 8(d) of the Small Business Act (15 U.S.C. 637(d)). 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2447 
"(2) The regulations required by paragraph (1) shall ensure 
that, with respect to a sealed bid or competitive proposal for which 
the bidder or offeror is required to negotiate or submit a sub-
contracting plan under section 8(d) of the Small Business Act (15 
U.S.C. 637(d)), the subcontracting plan shall be a factor in evaluat-
ing the bid or proposal.". 
SEC. 803. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES. 
Of the amounts authorized to be appropriated for fiscal year 
1993 pursuant to title II of this Act, $15,000,000 shall be available 
for such fiscal year for infirastructure assistance to historically 
Black colleges and universities and minority institutions under 
section 2323(cX3) of title 10, United States Code. 
SEC. 804. CERTIFICATE OF COMPETENCY REQUIREMENTS. 
10 USC 2305 
(a) REQUIREMENT TO PROVIDE NOTICE IN SOUCITATION.—In "°*^ 
the case of a contract to be entered into pursuant to the provisions 
of chapter 137 of title 10, United States Code, other than pursuant 
to simplified procedures referred to in section 2304(g) of such title, 
the solicitation for the contract shall contain a notice of the right 
of any small business concern bidding on the contract, in the case 
of a determination by the contracting officer that the concern is 
nonresponsible, to request the Small Business Administration to 
make a determination of the concern's responsibility under section 
8(bX7) of the Small Business Act (15 U.S.C. 637(bX7)). 
(b) REQUIREMENT TO PROVIDE NOTICE OF DETERMINATION OF 
NONRESPONSIBILITY.—If the Contracting officer determines that the 
small business concern bidding on the contract is nonresponsible, 
the contracting officer shall notify the small business concern in 
writing that trie contracting officer has determined the concern 
to be nonresponsible, that the concern has the right to request 
the Small Business Administration to make a determination of 
the concern's responsibility, and that, if the small business concern 
desires to request such a determination by the Administration, 
the small business concern shall inform the contracting officer 
in writing, within 14 days after receipt of the notice from the 
contracting officer, of the concern's desire to request such a deter-
mination. After being so informed, the Government procurement 
officer shall transmit the request, together with pertinent docu-
ments, to the Administration. If the Government procurement offi-
cer is not so informed within such 14 days, the procurement officer 
may proceed with awcurd of the contract. 
(c) EFFECTIVE DATE.—Subsections (a) and (b) shall take effect 
on October 1, 1992, and shall apply to solicitations for contracts 
issued after the expiration of the 120-day period beginning on 
the date of the enactment of this Act. 
(d) REPORT.—Not later than October 1, 1994, the Secretary 
of Defense shall submit to Congress a report on the effectiveness 
and results of implementing the requirements of subsections (a) 
and (b), including such recommendations as the Secretary considers 
appropriate. 
(e) TERMINATION.—Subsections (a) and (b) shall cease to be 
in effect on September 30,1995. 
SEC. 80S. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE 
SMALL BUSINESS SUBCONTRACTING PLANS. 
(a) EXTENSION OF PROGRAM.—Subsection (e) of section 834 of 
the National Defense Authorization Act for Fiscal Years 1990 and 
106 STAT. 2448 
PUBLIC LAW 102-484—OCT. 23, 1992 
10 use 2301 
note. 
Regulations. 
1991 (PubUc Law 101-189; 15 U.S.C. 637 note) is amended by 
striking out "September 30,1993" in the second sentence and insert-
ing in Ueu thereof''September 30,1994". 
(b) 
FISCAL YEAR 1994 
PARTICIPANTS.—Such section is 
amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following new sub-
section (g): 
"(g) FISCAL YEAR 1994 PARTICIPANTS.—Only those contracting 
activities and contractors who negotiated subcontracting plans 
under demonstration projects conducted under the test program 
before October 1, 1993, may participate in demonstration projects 
conducted under the test program in fiscal year 1994.". 
SEC. 806. EXTENSION OF TEST PROGRAM OF CONTRACTING FOR 
PRINTING-REIATED SERVICES FOR THE DEPARTMENT OF 
DEFENSE. 
(a) EXTENSION OF AUTHORITY.—Section 843(e) of the National 
Defense Authorization Act, Fiscal Year 1989 (44 U.S.C. 502 note) 
is amended by striking out "October 1, 1993" and inserting in 
lieu thereof "October 1,2000". 
(b) SECTION HEADING.—The heading of section 843 of such 
Act is amended to read as follows: 
'^EC. 843. CONTRACT GOAL FOR DISADVANTAGED SMALL BUSINESSES 
IN PRINTING-RELATED SERVICES.". 
SEC. 807. PILOT MENTOR-PROTEGE PROGRAM. 
(a) REQUIREMENT.—^Within 15 days after the date of the enact-
ment of this Act, the Secretary of Defense shall publish in the 
Department of Defense Supplement to the Federal Acquisition 
Regulation the Department of Defense policy for the pilot Mentor-
Protege Program and the regulations, directives, and administrative 
guidance pertaining to such program as such policy, regulations, 
directives, and administrative guidance existed on December 6, 
1991. Proposed modifications to that policy and any amendments 
of the matters published pursuant to the preceding sentence that 
are proposed in order to implement any of^the amendments made 
by tnis section shall be published for public comment within 60 
days after the date of the enactment of this Act and shall be 
published in final form within 120 days after such date. 
(b) RELATiONsmp T
O SMALL BUSINESS ACT.—<1) Subsection (h) 
of section 831 of the National Defense Authorization Act for Fiscal 
Year 1991 (10 U.S.C. 2301 note) is amended to read as follows: 
"(h) RELATIONSHIP TO SMALL BUSINESS ACT.—(1) For purposes 
of the Small Business Act, no determination of affiliation or control 
(either direct or indirect) may be found between a protege firm 
and its mentor firm on the basis that the mentor firm has agreed 
to furnish (or has furnished) to its protege firm pursuant to a 
mentor-protege agreement any form of developmental assistance 
described in subsection (f). 
"(2) Notwithstanding section 8 of the Small Business Act (15 
U.S.C. 637), the Small Business Administration may not determine 
a disadvantaged small business concern to be ineligible to receive 
any assistance authorized under the Small Business Act on the 
basis that such business concern has participated in the Mentor-
Protege Program or has received assistance pursuant to any devel-
opmental assistance agreement authorized under such program. 
10 use 2301 
note. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2449 
''(3) The Small Business Administration may not require a 
firm that is entering into, or has entered into, an agreement under 
subsection (e) as a protege firm to submit the agreement, or any 
other document required by the Secretary of Defense in the adminis-
tration of the Mentor-Protege Program, to the Small Business 
Administration for review, approval, or any other purpose.". 
(2) The amendment made by this subsection shall take effect 
f^^f^^^%i^^-
as of November 5,1990. 
(c) FUNDING.—Of the amounts authorized to be appropriated 
for fiscal year 1993 pursuant to title I of this Act, $55,000,000 
shall be available for the pilot Mentor-Protege Program established 
pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (10 U.S.C. 2301 note). 
SEC. 808. CODIFICATION OF RECURRING PROVISION RELATING TO 
SUBCONTRACTING WITH CERTAIN NONPROFIT AGENCIES. 
(a) POUCY.—Section 2301 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
"(d) It is also the policy of Congress that qualified nonprofit 
agencies for the blind or other severely handicapped (as defined 
in section 2410d(b) of this title) shall be afforded the maximum 
practicable opportunity to provide approved commodities and serv-
ices (as defined in such section) as subcontractors and suppliers 
under contracts awarded by the Department of Defense.". 
(b) CREDIT UNDER SMALL BUSINESS SUBCONTRACTING PLAN.— 
(1) Chapter 141 of title 10, United States Code, as amended by 
section 384, is fiuther amended by adding at the end the following 
new section: 
''§2410d. Subcontracting plans: credit for certain purchases 
"(a) PURCHASES BENEFITING SEVERELY HANDICAPPED PER-
SONS.—In the case of a business concern that has negotiated a 
small business subcontracting plan with a military department 
or a Defense Agency, purchases made by that business concern 
firom qualified nonprofit agencies for the blind or other severely 
handicapped shall count toward meeting the subcontracting goal 
provided m that plan. 
"(b) DEFINITIONS.—In this section: 
"(1) The term 'small business subcontracting plan' means 
a plan negotiated pursuant to section 8(d) of the Small Business 
Act (15 IJ.S.C. 637(d)) that establishes a goal for the participa-
tion of small business concerns as subcontractors under a 
contract. 
"(2) The term 'qualified nonprofit agency for the blind or 
other severely handicapped' means— 
"(A) a qualified nonprofit agency for the blind, as 
defined in section 5(3) of the Javits-Wagner-O'Day Act 
(41 U.S.C. 48b(3)); and 
"(B) a qualified nonprofit agency for other severely 
handicapped, as defined in section 5(4) of such Act (41 
U.S.C. 48b(4)). 
**(3) The terms 'approved commodity and 'approved service' 
mean a commodity and a service, respectively, that has been 
determined by the Committee for Purchase from the Blind 
and Other Severely Handicapped under section 2 of such Act 
(41 U.S.C. 47) to Se suitable for procurement by the Federal 
Government. 
note. 
106 STAT. 2450 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(4) The term 'Javits-Wagner-CDay Act* means the Act 
entitled 'An Act to create a Committee on Purchases of Blind-
made Products, and for other purposes', approved June 25, 
1938 (41 U.S.C. 46-48c), commonly referred to as the Wagner-
O'Day Act, that was revised and reenacted in the Act of June 
23, 1971 (85 Stat. 77), commonly referred to as the Javits-
Wagner-OT)ay Act. 
''(c) TERMINATION.—Subsection (a) shall cease to be effective 
at the end of September 30,1994.". 
(2) The taole of sections at the beginning of such chapter, 
as amended by section 384, is further amended by adding at the 
end the following new item: 
"2410^ Subcontracting plans: credit for certain purchases.". 
10 use 2301 
(c) EFFECTIVE DATE.—Sections 2301(d) and 2410d of title 10, 
United States Code (as added by subsections (a) and (b), respec-
tively), shall take effect on October 1,1993. 
Subtitle B—Acquisition Management Improvement 
SEC. 811. EXPANSION AND E3mBNSION OF AUTHORITY UNDER MAJOR 
D E F E N S E ACQUISITION PILOT PROGRAM. 
(a) EXPANSION OF COVERAGE OF PROGRAM.—(1) Section 809 
of the Department of Defense Authorization Act for Fiscal Year 
1991 (P.L. 101-^10; 104 Stat. 1593; 10 U.S.C. 2430 note) is 
amended— 
(A) by striking out "major defense acquisition program** 
each place it appears and inserting in lieu thereof "defense 
acquisition program"; 
(B) by striking out "mcgor defense acquisition programs'* 
each place it appears and mserting in lieu thereof "defense 
acquisition pro-ams**; and 
(C) by striking out subsection (i). 
(2) The heading for such section is amended by striking out 
"MAJOR**. 
(b) EXTENSION.—Subsection (h) of section 809 of the Depart-
ment of Defense Authorization Act for Fiscal Year 1991 (P.L. 101-
510; 104 Stat. 1595; 10 U.S.C. 2430 note) is amended by striking 
out "September 30, 1992** and inserting in lieu thereof "September 
30,1995". 
SEC. 812. ACQUISITION WORKFORCE IMPROVEMENT. 
(a) 5-YEAR REVIEW OF ASSIGNMENTS.—Section 1734(eX2) of title 
10, United States Code, is amended by adding at the end the 
following new sentence: "Reviews under this subsection shall be 
carried out after October 1, 1995, but may be carried out before 
that date." 
(b) WAIVER OF ASSIGNMENT PERIODS FOR DEPUTY PROGRAM 
MANAGERS.—(1) Section 1734(a) of such title is amended— 
(A) in paragraph (1), by inserting "and paragraph (3)" 
after "Except as provided under subsection (b)"; and 
(B) by adding at the end the following new paragraph: 
"(3) The assi^ment period requirement of the first sentence 
of paragraph (1) is waivea for any individual serving as a deputy 
program manager if the individual is assigned to a critical acquisi-
tion position upon completion of the individual's assignment as 
a deputy program manager.**. 
(2) Section 1734(b) of such title is amended— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2451 
(A) in paragraph (IXA), by inserting "(except as provided 
in paragrapn (3))" after "deputy program manager"; and 
(B) by adding at the end the following new paragraph: 
"(3) The assignment period requirement under subparagraph 
(A) of paragraph (1) is waived for any individual serving as a 
deputy program manager if the individual is assigned to a critical 
acquisition position upon completion of the individual's assignment 
as a deputy program manager. . 
(c) FULFILLMENT STANDARDS FOR MANDATORY TRAINING.—(1) 
lo use 1723 
The Secretary of Defense, acting through the Under Secretary of "
°
*
®
-
Defense for Acquisition, shall develop fulfillment standards, and 
implement a program, for purposes of the training requirements 
of sections 1723, 1724, and 1735 of title 10, United States Code. 
Such fulfillment standards shall consist of criteria for determining 
whether an individual has demonstrated competence in the areas 
that would be taught in the training courses required under those 
sections. If an individual meets the appropriate fulfillment stand-
ard, the applicable training requirement is fulfilled. 
(2) Tne fulfillment standards developed under paragraph (1) Effective date. 
shall take effect as of November 5, 1990, and shall cease to be JfJT'''^*'"" 
in efiTect on October 1,1997. 
(3) The fulfillment standards required imder paragraph (1) 
shall be developed not later than 90 days after the date of the 
enactment of this Act. 
(d) EXPERIENCE REQUIREMENTS FOR DEPUTY PROGRAM MAN-
AGERS.—Section 1735(bX3) of such title is amended— 
(1) in subp€uragraph (A)— 
(A) by striking out "or deputy program manager"; and 
(B) by striking out "and" at the end; 
(2) in subparagraph (B)— 
(A) by striking out "or deputy program manager"; and 
(B) by striking out the period at the end and inserting 
in lieu thereof a semicolon; and 
(3) by adding at the end the following new subparagraphs: 
(C) a deputy program manager of a msgor defense 
acquisition program, must have at least six years of experi-
ence in acquisition, at least two years of which were per-
formed in a systems program office or similar organization; 
and 
"(D) a deputy program manager of a significant 
nonm^or defense acquisition program, must have at least 
four years of experience in acquisition.". 
(e) BUSINESS MANAGEMENT TRAINING AND EDUCATION.—(1) 
Clause (ii) of section 1732(bX2XB) of such title is amended by 
inserting before the period the following: "or equivalent training 
as prescribed by the Secretary to ensure proficiency in the dis-
ciplines listed in clause (i)". 
(2) The Secretary of Defense shall prescribe equivalent training 1
0 use 1732 
for purposes of clause (ii) of section 1732(bX2XB) of title 10, United "°*« 
States Code (as amended by paragraph (1)), not later than 120 
days after the date of the enactment of this Act. 
(0 SCHOLARSHIP PROGRAM.—Section 1744 of such title is 
amended— 
(1) in subsection (cX2)— 
(A) by striking "Secretary), and (D)" and all that follows 
through me period and inserting "Secretary)."; and 
(B) by inserting "and" before "(C)"; 
106 STAT. 2452 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) by adding at the end of subsection (c) the following: 
"(3) The participant's agreement that, after 
successfully 
completing the course of education, the participant— 
"(A) shall accept, if ofiTered within such time as shall be 
specified in the agreement, an appointment to a full-time 
acquisition position in the Department of Defense that is 
commensurate with the pcuticipant's academic degree and 
experience, and that is— 
"(i) in the excepted service, if the participant has not 
previously acquired competitive status, with the right, after 
successful completion of 2 years of service and such other 
requirements as the Office of Personnel Management may 
prescribe, to be appointed to a position in the competitive 
service, notwithstanding subchapter I of chapter 33 of title 
5; or 
"(ii) in the competitive service, if the participant has 
previously acquired competitive status; and 
(B) if appointed under subparagraph (A), shall serve for 
1 calendar year for each school year or part thereof for which 
the participant was provided a scholarship under the scholar-
ship program."; and 
(3) by adding at the end the following: 
"(e) RULE OF CONSTRUCTION.—^Nothing in this section shall 
be considered to require that a position be offered to a person 
after such person successfully completes the course of education 
agreed to. However, if no position described in subsection (cX3XA) 
is offered within the time specified in the agreement, the agreement 
shall be considered terminated. 
"(f) DEFINITIONS.—In this section, the terms 'competitive serv-
ice' and 'excepted service' have the meanings provided those terms 
by sections 2102 and 2103, respectively, of title 5.". 
(g) REVISED DEADLINE FOR CONTROLLER GENERAL REPORT.— 
Section 1208(a) of Public Law 101-510 (10 U.S.C. 1701 note; 104 
Stat. 1665) is amended in the second sentence by striking out 
"Not later than two years after the date of the enactment oi this 
Act," and inserting in lieu thereof "Not later than February 1, 
1993,". 
SEC. 813. CERTIFICATION OF CONTRACT CLAIMS. 
(a) REGULATIONS ON CERTIFICATION OF CONTRACT CLAIMS.— 
(1) (Chapter 141 of title 10, United States Code, as amended by 
sections 384 and 808, is further amended by adding at the end 
the following new section: 
^§ 2410e. Contract claims: certification reg^ulations 
"(a) REGULATIONS.—^The Secretary of Defense may propose, for 
inclusion in the Federal Acauisition Regulation, regulations relating 
to certification of contract claims, requests for equitable adjustment 
to contract terms, and requests for relief \mder Public Law 85-
804 (50 U.S.C. 1431 et seq.) that exceed $100,000. Such regulations, 
at a minimum, shall— 
"(1) provide that a contract claim, request for equitable 
adjustment to contract terms, or request for relief imder Public 
Law 85-804 (50 U.S.C. 1431 et seq.) may not be paid unless 
the contractor provides, at the time the claim or request is 
submitted, the certification required by section 6(cXl) of the 
Contract Disputes Act of 1978 (41 U.S.C. 605(cXl)); and 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2453 
'^2) require that the person who certifies such a claim 
or request oe an individiud who is authorized to bind the 
contractor and who has knowledge of the basis of the claim 
or request, knowledge of the accuracy and completeness of 
the supporting data, and knowledge of the claim or request, 
"(b) PUBLICATION.—^The Secretary of Defense shall ensure that, 
upon promulgation of the regulations, the regulations are published 
in the Federal Register. 
"(c) REPORT.—^If at any time the Secretary of Defense proposes 
revisions to the regulations promulgated pursuant to this section, 
the Secretary shall ensure that the proposed revisions are published 
in the Federal Register and, at tne time of publication of such 
revisions, shall submit to Congress a report describing the proposed 
revisions and explaining why the regulations should be revised. 
The Secretary of Defense may not promulgate regulations contain-
ing such proposed revisions until the expiration of the 90-day period 
beginning on the date of receipt by Congress of such report." 
(2) The table of sections at the beginning of such chapter, 
as amended by sections 384 and 808, is fiirther amended by aading 
at the end the following new item: 
'^lOe. Contract claims: certification regulations.". 
(b) REPEAL.—Section 2410 of title 10, United States Code, is 
repecded, effective imon the promulgation of regulations pursuant 
to section 2410e of title 10, United States Code, as added by 
subsection (a). 
(c) ADJUSTMENT OP SHIPBUILDING CONTRACTS.—Section 2405 
of title 10, United States Code, is amended by adding at the end 
the following new subsection: 
"(cXD Ii a certification referred to in subsection (b) with respect 
to a shipbuilding contract is determined to be deficient because 
of the position, status, or scope of authority of the person executing 
the certification, the contractor may resubmit the certification. The 
resubmitted certification shall be based on the knowledge of the 
contractor and the supporting data that existed when the original 
certification was submitted. The appropriateness of the person 
executing the resubmitted certification snail be determined on the 
basis of applicable law in effect at the time of the resubmission. 
"(2) It a certification is resubmitted pursuant to paragraph 
(1) by the date described in p£u*agraph (3), the resubmitted certifi-
cation shall be deemed to have been submitted for purposes of 
this section at the time the original certification was submitted. 
"(3) The date by which a certification may be resubmitted 
for purposes of paragraph (2) is the date which is the later of— 
"(A) 90 days after tihe promulgation of regulations under 
section 2410e(a) of this title; or 
"(B) 30 days after the date which is the earlier of the 
date on which— 
"(i) the contractor is notified in writing, by an individ-
ual designated to make such notification by the Secreteuy 
of Defense, of the deficiency in the previously submitted 
claim, request, or demand; 
"(ii) a board of contract appeals issues a decision deter-
mining the previously submitted claim, request, or demand 
to be deficient; or 
"(iii) a Federal court rendera a judgment determining 
the previously submitted claim, request, or demand to be 
deficient." 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
106 STAT. 2454 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 814. DEADLINE FOR REPORT ON RIGHTS IN TECHNICAL DATA 
REGULATIONS. 
(a) REQUIREMENT TO SUBMIT REPORT WHEN CONGRESS IS IN 
SESSION.—Section 807(aX3XA) of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
1
0 use 2320 
105 Stat. 1422) is amended by striking out "transmit" and inserting 
"°*®- 
in lieu thereof tiie following: "transmit, on a day on which both 
Houses of Congress are in session,". 
(b) COMPUTATION OF PERIOD OF RESTRICTION.—Section 807(c) 
of such Act is amended— 
(1) in paragraph (1), by striking out "date described" and 
inserting in lieu tnereof "expiration of the period described"; 
and 
(2) in paragraph (2)— 
(A) by striking out "The date referred to in paragraph 
(1) is the date 30 d a ^ following" and inserting in Ueu 
thereof the following: 'The period referred to in paragraph 
(1) is the period of 30 days of continuous session of Congress 
beginning on"; and 
(B) by adding at the end the following new sentence: 
"For purposes of mis paragraph, the continuity of a session 
of Congress is broken only by an adjournment of the Con-
gress sine die, and the days on which either House is 
not in session because of an adjournment of more than 
3 days to a day certain are excluded in the computation 
of the 30-day period.". 
SEC. 815. REQUIREMENT TO ESTABUSH SINGLE POINT OF CONTACT 
FOR INFORMATION CONCERNING PERSONS CONVICTED 
OF DEFENSE-CONTRACT RELATED FELONIES. 
(a) REQUIREMENT.—Section 2408 of title 10, United States Code, 
is amended by adding at the end tiie following new subsection: 
"(c) SINGLE POINT OF CONTACT FOR INFORMATION.—(1) 
The 
Attorney General shall ensure that a single point of contact is 
established to enable a defense contractor or subcontractor to 
promptly obtain information regarding whether a person that the 
contractor or subcontractor proposes to use for an activity covered 
by paragraph (1) of subsection (a) is under a prohibition under 
that subsection. 
Regulations. 
**(2) The procedure for obtaining such information shall be 
specified in regulations prescribed by the Secretary of Defense 
under subsection (a).". 
10 use 2408 
(b) DEADLINE.—^The single point of contact required by section 
note. 
2408(c) of title 10, United States Code, as added by subsection 
(a), shall be established not later than 120 days after the date 
of the enactment of this Act. 
SEC. 816. EXTENSION OF PROGRAM FOR USE OF MASTER AGREE-
MENTS FOR PROCUREMENT OF ADVISORY AND ASSIST-
ANCE SERVICES. 
Section 2304(}) of title 10, United States Code, is amended 
in p€uragraph (5) by striking out "at the end or and all that 
follows ana inserting in lieu thereof "on September 30, 1994.". 
SEC. 817. MAJOR DEFENSE ACQUISITION PROGRAM REPORTS. 
(a) SELECTED ACQUISITION REPORTS FOR CERTAIN PROGRAMS.— 
Section 127(a) of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (101 Stat. 1044; 10 U.S.C. 2432 note) is 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2455 
amended by striking out ''at the end of each fiscal year quarter" 
and inserting in lieu thereof ", in accordance with me provisions 
of subsection (b) of section 2432 of titie 10, United States Code,". 
(b) MINIMUM AMOUNT CRITERIA FOR MAJOR DEFENSE ACQUISI-
TION PROGRAMS.—Section 2430 of titie 10, United States Code, 
is amended— 
(1) by designating the existing test £
U
3 subsection (a); 
(2) in paragraph (2) of that subsection, as so designated— 
(A) by striking out "$200,000,000" and inserting in 
lieu thereof'•$300,000,000"; 
(B) by striking out "1980" both places it appears and 
inserting in lieu thereof "1990"; and 
(C) by striking out "$1,000,000,000" and insertmg in 
lieu thereof "$1,800,000,000"; and 
(3) by adding at tiie end the following new subsection: 
"(b) The Secreta^ of Defense may adjust the amounts (and 
the base fiscal year) provided in subsection (aX2) on the basis 
of Department of Defense escalation rates. An adjustment under 
this subsection shall be effective after the Secretary transmits a 
written notification of the adjustment to the Committees on Armed 
Services of the Senate and House of Representatives.". 
(c) SELECTED ACQUISITION REPORTS.—(1) Subsection (a) of sec-
tion 2432 of titie 10, United States Code, is amended by striking 
out paragraph (3) and inserting in lieu thereof the following: 
(3) The term 'msgor contract', with respect to a mtgor 
defense acquisition program, means each of the six largest 
prime, associate, or (jovemment-fiimished equipment contracts 
under the program that is in excess of $40,000,000.". 
(2) Subsection (b) of such section is amended by striking out 
paragraph (3) and inserting in lieu thereof the following: 
"(3XA) The Secretary of Defense may waive the requirement 
for submission of Selected Acquisition Reports for a program for 
a fiscal year if— 
"(i) the program has not entered full scale development 
or engineering and manufacturing development; 
"(ii) a reasonable cost estimate has not been established 
for such program; and 
"(iii) the system configuration for such program is not 
well defined. 
"(B) The Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a written 
notification of each waiver under subparagraph (A) for a program 
for a fiscal year not later than 60 days before the President submits 
the budget to Congress pursuant to section 1105 of title 31 in 
that 
fiscal 
year.". 
(3) Subsection (cX2) of such section is amended by striking 
out the last sentence and inserting in lieu thereof the following: 
"The Secretary of Defense may approve changes in the content 
of the Selected Acquisition Report if the Secretary provides such 
Committees with written notification of such changes at least 60 
days before the date of the report that incorporates the changes.". 
(4) Subsection (cX3XC) of such section is amended by stnking 
out clauses (i) through (vii) and inserting in Ueu thereof tiie 
following: 
"(i) Specification of the baseline production rate, 
defined as the rate or rates to be achieved at full rate 
production as assumed in the decision to proceed witii 
106 STAT. 2456 
PUBLIC LAW 102-484—OCT. 23, 1992 
production (commonly referred to as the 'Milestone III' 
decision). 
"(ii) Specification, for each of the two budget years 
of production under the program, of the minimimi sustain-
ing production rate, defined as the production rate for 
each budget year that is necessary to keep production 
lines open while maintaining a base of responsive vendors 
and suppliers. 
"(iii) Specification, for each of the two budget years 
of production under the program, of the maximum produc-
tion rate, defined as the production rate for each budget 
year that is attainable with the facilities and tooling pro-
grammed to be available for procurement under the pro-
gram or otherwise to be provided with Government funds, 
"(iv) Specification, for each of the two budget years 
of production, of the current production rate, defined as 
the production rate for each budget year for which the 
report is submitted, based on the budget submitted to 
Congress pursuant to section 1105 of title 31. 
*
*
(
v
) Estimation of any cost variance— 
"(I) between the budget year procurement unit 
costs at the production rate specified pursu£uit to clause 
(iv) and the budget year procurement unit costs at 
the minimum sustaining production rate specified 
pursuant to clause (ii); and 
"(11) between the total remaining procurement cost 
at the production rate specified pursuant to clause 
(iv) and the total remainmg procurement cost at the 
minimum sustaining production rate specified pursu-
ant to clause (ii). 
"(vi) Estimation of any cost variance— 
"(I) between the budget year procurement unit 
costs at the current production rate specified pursuant 
to clause (iv) and tne budget year procurement unit 
costs at the maximum production rate specified pursu-
ant to clause (iii); and 
"(II) between the total remaining procurement cost 
at the current production rate specified pursuant to 
clause (iv) and the total remaining procurement cost 
at the maximum production rate specified pursuant 
to clause (iii). 
"(vii) Estimation of quantity variance— 
"(I) between the budget year quantities assumed 
in the minimum sustaining production rate specified 
pursuant to clause (ii) and the current production rate 
specified pursuant to clause (iv); and 
"(II) between the budget year quantities assumed 
in the maximum production rate specified pursuant 
to clause (iii) and uie current production rate specified 
pursuant to clause (iv).**. 
(d) UNIT COST REPORTS.--(1) Subsection (aX4XC) of section 
2433 of title 10, United Stetes Code, is amended by striking out 
"(eX2XBXii)'' and inserting in lieu thereof "(6X2X3)". 
(2) Subsection (b) of such section is amended by striking out 
"7 days (excluding Saturdays, Sundays, and legal public holidays)" 
in the second sentence and inserting in lieu thereof "30 calendar 
days". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2457 
(3) Paragraphs (IXA), (IXB), (2XA), and (2XB) of subsection 
(c) of such section are amended by striking out "more than" each 
place it appears and inserting in lieu thereof "at least". 
(4) Subsection (d) of such section is amended— 
(A) by striking out "more than" each place it appears in 
paragraphs (1) and (2) and inserting in lieu thereof "at least"; 
and 
(B) in paragraph (3) of such subsection— 
(i) by striking out "more than" each place it appears 
and inserting in lieu thereof "at least"; and 
(ii) by striking out "program within 30 days" and all 
that follows and inserting in lieu thereof "program. In 
the case of a determination based on a quarterly report 
submitted in accordance with subsection (b), the Secretary 
shall submit the notification to Congress within 45 days 
after the end of the quarter. In the case of a determination 
based on a report submitted in accordance with subsection 
(c), the Secretary shall submit the notification to Congress 
within 45 days after the date of that report. The Secretary 
shall include in the notification the date on which the 
determination was made.". 
(5) Subsection (e) of such section is amended— 
(A) in paragraph (1), by striking out subparagraph (A) 
and inserting in lieu thereof the following: 
"(A) Except as provided in subparagraph (B), whenever the 
Secretary concerned determines under subsection (d) that the pro-
gram acquisition unit cost or the current procurement unit cost 
of a mcgor defense acquisition program has increased by at least 
15 percent, a Selected Acquisition Report shall be submitted to 
Congress for the first fiscal-year quarter ending on or after the 
date of the determination or for the fiscal-year quarter which imme-
diately precedes the first fiscal-year quarter ending on or after 
that date. The report shall include the information described in 
section 2432(e) of this title and shall be submitted in accordance 
with section 2432(f) of this title."; 
(B) in paragraph (2), by striking out "current program 
acquisition cost" and inserting in Ueu mereof "program acquisi-
tion unit cost or current procurement unit cost"; and 
(C) in paragraph (3), by striking out "more than" each 
place it appears and inserting in lieu thereof "at least". 
SEC. 818. ALLOWABLE COSTS. 
(a) PENALTIES.—Section 2324 of title 10, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking out "(1)"; 
(B) in paragraph (2)— 
(i) by striking out "(2)" and inserting in Ueu thereof 
"(bXl)"; 
(ii) by striking out "by clear and convincing 
evidence"; 
(iii) by inserting "expressly" before "unallowable"; 
(iv) by striking out "imder paragraph (1)" and 
inserting in lieu thereof "under a cost principle referred 
to in subsection (a) that defines the allowability of 
specific selected costs"; and 
106 STAT. 2458 
PUBLIC LAW 102-484—OCT. 23, 1992 
(v) in subparagraph (A), by striking out "costs" 
and inserting in lieu uiereof the following: "cost allo-
cated to covered contracts for which a proposal for 
settlement of indirect costs has been submitted"; 
(2) in subsection (b)— 
(A) by striking out "(b) If the Secretary" and inserting 
in lieu thereof "(2) If the Secretary"; 
(B) by striking out", in addition to the penalty assessed 
under subsection (a),"; and 
(C) b
^
r striking out "the amount of such cost" and 
inserting in lieu tnereof "the amount of the disallowed 
cost allocated to covered contracts for which a proposal 
for settlement of indirect costs has been submitted"; 
(3) by striking out subsection (d); 
(4) by redesignating subsection (c) as subsection (d); and 
(5) by inserting before subsection (d) (as so redesignated) 
the following: 
R^uiations. 
"(c) The Secretary shall prescribe regiilations providing for a 
penalty under subsection (b) to be waived in the case of a contrac-
tor's proposal for settlement of indirect costs when— 
"(1) the contractor withdraws the proposal before the formal 
initiation of an audit of the proposal by the Federal Government 
and resubmits a revised proposal; 
"(2) the amount of unallowable costs subject to the penalty 
is insignificant; or 
"(3) the contractor demonstrates, to the contracting officer's 
satisfaction, that— 
"(A) it has established appropriate policies and person-
nel training cmd an internal control and review system 
that provide assurances that unallowable costs subject to 
penalties are precluded from bein^ included in the contrac-
tor's proposal for settlement of indirect costs; and 
(B) the unallowable costs subject to the penalty were 
inadvertently incorporated into the proposal.". 
1
0 use 2324 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
^°^- 
(a) shall take effect on the date of the enactment of this Act 
and shall apply, as provided in regulations prescribed by the Sec-
retary of Defense, with respect to proposals for settlement of indirect 
costs for which the Federal Government has not formcdly initiated 
an audit before that date. 
SEC. 819. ADVISORY AND ASSISTANCE SERVICES FOR OPERATIONAL 
TEST AND EVALUATION. 
Paragraph (3) of section 2399(e) of title 10, United States 
Code, is amended— 
(1) by inserting "(A)" after "(3)"; and 
(2) by adding at the end the following new subparagraph: 
"(B) The limitation in subparagraph (A) does not apply to 
a contractor that has participated in such development, production, 
or testing solely as a representative of the Federal Government.". 
SEC. 820. REGULATIONS RELATING TO SUBSTANTIAL CHANGES IN 
THE PARTICIPATION OF A MILITARY DEPARTMENT IN A 
JOINT ACQUISITION PROGRAM. 
(a) REGULATIONS REQUIRED.—Section 2308 of title 10, United 
States Code, is amended— 
(1) by designating the existing text as subsection (a); and 
(2) by admng at Uie end the following new subsection: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2459 
"(b) REGULATIONS REQUIRED.—(1) The Secretary of Defense 
shall prescribe regulations that prohibit each military department 
participating in a joint acquisition program approved by the Under 
Secretary of Defense for Acquisition from terminating or substan-
tially reducing its participation in such program without the 
approval of the Under Secretary. 
''(2) The regulations shall include the following provisions: 
"(A) A reauirement that, before any such termination or 
substantial reduction in participation is approved, the proposed 
termination or reduction oe reviewed by the Joint Requirements 
Oversight Council of the Department of Defense. 
*
*
(
B
) A provision that authorizes the Under Secretary of 
Defense for Acquisition to require a military department 
approved for termination or substantial reduction in participa-
tion in a joint acquisition program to continue to provide some 
or all of the funding necessary for the acquisition program 
to be continued in an eCElcient manner.". 
(b) DEADLINE FOR REGULATIONS.—The Secretary of Defense lo use 2308 
shall prescribe the regulations required by subsection (b) of section 
"°^' 
2308 of title 10, United States Code (as added by subsection (a)), 
not later than 90 days after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 1993. 
SEC. 821. COMPETmVE PROTOTYPING REQUIREMENT FOR DEVELOP-
MENT OF MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) REQUIREMENT FOR COMFETTTIVE PROTOTYPING.—(1) Chapter 
144 of title 10, United States Code, is amended— 
(A) by redesignating section 2438 as section 2439; and 
(B) by adding after section 2437 the following new section: 
*
*
§ 2438. Msgor programs: competitive prototyping 
**(a) ACQUISITION STRATEGY.—^Except as provided in subsection 
(c), before development under a mcgor defense acquisition program 
begins, the Secretary of Defense shall prepare an acquisition strat-
egy for the program which provides for the competitive prototyping 
or the msyor weapon system under the program and any mcgor 
subsystems of the system in accordance with subsection (b). 
"(b) COMPETITIVE PROTOTYPING REQUIREMENTS.—An acquisi-
tion strategy meets the requirement of subsection (a) if it— 
"(1) requires that contracts be entered into with not less 
than two contractors, using the same combat performance 
requirements, for the competitive design and manufacture of 
a prototype system or subsystem for developmental test and 
evaluation; 
"(2) requires that all systems or subsystems developed 
under contracts described in paragraph (1) be tested in a 
comparative side-by-side test that is designed to— 
"(A) reproduce combat conditions to the extent prac-
ticable; and 
"(B) determine which system or subsystem is most 
effective under such conditions; and 
"(3) requires that each contractor that develops a prototjrpe 
system or subsvstem, before the testing describea in paragraph 
(2) is begun, submit— 
"(A) cost estimates for full-scale engineering develop-
ment and the basis for such estimates; and 
"(B) production estimates, whenever practicable. 
106 STAT. 2460 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(c) EXCEPTION.—Subsection (a) shall not apply to the develop-
ment of a m£gor weapon system (or subsystem of such system) 
after— 
"(1) a written justification is submitted to the Under Sec-
retary of Defense for Acquisition explaining why use of competi-
tive prototjrping is not practicable, including cost estimates 
(and the bases for such estimates) comparing me total pro-am 
cost of an acquisition strategy that provides for competitive 
prototyping with the total program cost of an acquisition strat-
egy that does not provide for such prototyping; and 
"(2) 30 d^s elapse after the submission of such justification 
to the Under iSecretary of Defense for Acquisition. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'msgor defense acquisition program' means 
a Department of Defense acquisition program that is estimated 
by the Secretary of Defense to require an eventual total 
expenditure for research, development, test, and evaluation 
of more than $300,000,000 (based on fiscal year 1990 constant 
dollars). 
"(2) The term 'major weapon system' means a major weapon 
system that is acquired under a program that is a major defense 
acquisition program. 
"(3) The term 'subsystem of such system' mecins a collection 
of components (such as the propulsion system, avionics, or 
weapon controls) for which the prime contractors, major sub-
contractors, or government entities have responsibility for sys-
tem integration.". 
(2) The table of sections at the beginning of such chapter 
is amended by striking out the item relating to section 2438 and 
inserting in lieu thereof the following new items: 
"2438. Migor programs: competitive prototyping. 
"2439. Migor programs: competitive alternative sources.". 
10 use 2438 
(b) EFFECTIVE DATE.—Section 2438 of title 10, United States 
"°*®* 
Code, as added by subsection (a), shall apply with respect to mcnor 
programs entering development after the expiration of the 90-day 
period beginning on the date of the enactment of this Act. 
(c) CONFORMING REPEAL.—(1) Section 2365 of title 10, United 
States Code, is repealed. 
(2) The table of sections for chapter 139 of such title is amended 
by striking out the item relating to section 2365. 
Subtitle C—Other Matters 
SEC. 831. REPEAL OF PROCUREMENT LIMITATION ON TYPEWRITERS. 
(a) REPEAL.—Subsection (c) of section 2534 of title 10, United 
States Code, as redesignated by section 4202(a), is hereby repealed. 
(b) CONFORMING AMENDMENT.—Subsections (d), (e), and (f) of 
such section are redesignated as subsections (c), (d), and (e), respec-
tively. 
SEC. 832. PROCUREMENT LIMITATION ON BALL BEARINGS AND 
ROLLER BEARINGS. 
During fiscal years 1993, 1994, and 1995, the Secretary of 
Defense may not procure ball bearings or roller bearings other 
than in accordance with subpart 225.71 of part 225 of the Defense 
Federal Acquisition Regulation Supplement, as in effect on the 
date of the enactment of this Act. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2461 
10 use 2534 
note. 
SEC. 833. RESTRICTION ON PURCHASE OF SONOBUOYS. 
(a) IN GENERAL.—Section 2534 of title 10, United States Code, 
as redesignated by section 4202(a) and as amended by section 
831, is further amended by adding at the end the following new 
subsection: 
"(£) SoNOBUOYS.—(1) The Secretary of Defense may not procure 
a sonobuoy manufactured in a foreign country if United States 
firms that manufacture sonobuoys are not permitted to compete 
on an equal basis with foreign manufacturing firms for the sale 
of sonobuoys in that foreign country. 
"(2) The Secretary may waive the limitation in paragraph (1) 
with respect to a particular procurement of sonobuoys if the Sec-
retary determines that such procurement is in the national security 
interests of the United States. 
"(3) In this subsection, the term *United States firm' has the 
meaning given such term in section 2532(d)(1) of this title.". 
(b) EFFECTIVE DATE.—Subsection (f) of section 2534 of title 
10, United States Code, as added by subsection (a), shall apply 
with respect to solicitations for contracts issued after the expiration 
of the 120-day period beginning on the date of the enactment 
of this Act. 
SEC. 834. DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT 
USE OF "MADE IN AMERICA" LABELS. 
(a) IN GENERAL.—(1) Chapter 141 of title 10, United States 
Code, as amended by sections 384, 808, and 813, is further amended 
by adding at the end the following new section: 
^§ 2410f. Debarment of persons convicted of fraudulent use 
of 'Made in /ijnerica' labels 
"(a) If the Secretary of Defense determines that a person has 
been convicted of intentionally affixing a label bearing a 'Made 
in America' inscription to any product sold in or shipped to the 
United States that is not made in America, the Secretary shall 
determine, not later than 90 days after determining that the person 
has been so convicted, whether the person should be debarred 
from contracting with the Department of Defense. If the Secretary 
determines that the person should not be debarred, the Secretary 
shall submit to Congress a report on such determination not later 
than 30 days afi^er the determination is made. 
"(b) For purposes of this section, the term 'debar' has the 
meaninggiven that term by section 2393(c) of this title.". 
(2) l ^ e table of sections at the beginning of such chapter, 
as amended by sections 384, 808, and 813, is further amended 
by adding at the end the following new item: 
"2410^ Debarment of persons convicted of fraudulent use of 'Made in America' la-
bels.". 
(b) EFFECTIVE DATE.—Section 2410f of title 10, United States 
Code, as added by subsection (a), shall take effect 90 days after 
the date of the enactment of this Act. 
SEC. 836. PROHmmON ON PURCHASE OF UNITED STATES DEFENSE 50 USC app. 
CONTRACTORS BY ENTITIES CONTROLLED BY FOREIGN 2170a. 
GOVERNMENTS. 
(a) IN GENERAL.—No entity controlled by a foreign government 
may merge with, acquire, or take over a company engaged in 
interstate commerce in the United States that— 
Reports. 
10 USC 2410f 
note. 
106 STAT. 2462 
PUBLIC LAW 102-484—OCT. 23, 1992 
(1) is performing a Department of Defense contract, or 
a Department of Energy contract under a national security 
program, that cannot be performed satisfactorily unless that 
company is given access to information in a proscribed category 
of information; or 
(2) during the previous fiscal year, was awarded— 
(A) Department of Defense prime contracts in an aggre-
gate amount in excess of $500,000,000; or 
(B) Department of Energy prime contracts under 
national security programs in an aggregate amoimt in 
excess of $500,000,000. 
(b) INAPPLICABIUTY TO CERTAIN CASES.—The limitation in sub-
section (a) shall not apply if a merger, acquisition, or takeover 
is not suspended or prohibited pursuant to section 721 of the 
Defense Production Act of 1950 (50 U.S.C. App. 2170). 
(c) DEFINITIONS.—In this section: 
(1) The term "entity controlled by a foreign government" 
includes— 
(A) any domestic or foreign organization or corporation 
that is effectively owned or controlled by a foreign govern-
ment; and 
(B) any individual acting on behalf of a foreign 
government, 
as determined by the President. 
(2) The term "proscribed category of information" means 
a category of information that— 
(A) with respect to Department of Defense contracts— 
(i) includes special access information; 
(ii) is determined by the Secretary of Defense to 
include information the aisclosure of which to an entity 
controlled by a foreign government is not in the 
national security interests of the United States; and 
(iii) is defined in regulations prescribed by the 
Secretary of Defense for the purposes of this section; 
and 
(B) with respect to Department of Energy contracts— 
(i) is determined by the Secretary of Energy to 
include information described in subparagraph (AXii); 
and 
(ii) is defined in regulations prescribed by the Sec-
retary of Energy for the purposes of this section. 
SEC. 836. PROHmrnON ON AWARD OF CERTAIN DEPARTMENT OF 
DEFENSE AND DEPARTMENT OF ENERGY CONTRACTS TO 
COMPANIES OWNED BY AN ENTITY CONTROLLED BY A 
FOREIGN GOVERNMENT. 
(a) IN GENERAL.—<1) Subchapter V of chapter 148 of title 10, 
United States Code, as added by section 4202(b), is further amended 
by adding at the end the following new section: 
^§2536. Prohibition on award of certain Department of 
Defense and Department of Energy contracts to 
companies owned by an entity controlled by a 
foreign government. 
"(a) IN GENERAL.—^A Department of Defense contract or Depart-
ment of Energy contract under a national security program may 
not be awarded to a company owned by an entity controlled by 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2463 
a foreign government if it is necessary for that company to be 
given access to information in a proscribed category of information 
in order to perform the contract. 
"(b) WAIVER AUTHORITY.—^The Secretary concerned may waive 
the application of subsection (a) to a contract award if the Secretary 
concerned determines that the waiver is essential to the national 
security interests of the United States. 
"(c) DEFIMTIONS.—In this section: 
"(1) The term 'entity controlled by a foreign government' 
includes— 
"(A) any domestic or foreign organization or corporation 
that is effectively owned or controlled by a foreign govern-
ment; and 
"(B) any individual acting on behalf of a foreign 
government, 
as determined by the Secretary concerned. 
"(2) The term 'proscribea category of information' means 
a category of information that— 
(A) with respect to Department of Defense contracts— 
"(i) includes special access information; 
"(ii) is determined by the Secretary of Defense 
to include information the disclosure of which to an 
entity controlled by a foreign government is not in 
the national security interests of the United States; 
and 
"(iii) is defined in regulations prescribed by the 
Secretary of Defense for the purposes of this section; 
and 
"(B) with respect to Department of Energy contracts— 
"(i) is determined by the Secretary of Energy to 
include information described in subparagraph (A)(ii); 
and 
"(ii) is defined in regulations prescribed by the 
Secretary of Energy for the purposes of this section. 
"(3) The term 'Secretary concerned means— 
"(A) the Secretary of Defense, with respect to Depart-
ment of Defense contracts; and 
"(B) the Secretary of Energy, with respect to Depart-
ment of Energy contracts.". 
(2) The table of sections at the beginning of such subchapter 
is amended by adding at the end the following new item: 
"2536. Prohibition on award of certain Department of Defense and Department of 
Energy contracts to companies owned by an entity controlled by a for-
eign government.". 
(b) EFFECTIVE DATE.—Section 2536 of title 10, United States 
lo use 2536 
Code, as added by subsection (a), shall apply with respect to con- "°*®-
tracts entered into after the expiration of the 90-day period begin-
ning on the date of the enactment of this Act. 
SEC. 837. DEFENSE PRODUCTION ACT AMENDMENTS. 
(a) INVESTIGATIONS OF CERTAIN MERGERS, ACQUISITIONS, AND 
TAKEOVERS.—Section 721 of the Defense Production Act of 1950 
(50 U.S.C. App. 2170) is amended— 
(1) by redesignating subsections (b) through (h) as sub-
sections (c) through (i), respectively; and 
(2) by inserting after subsection (a) the following new sub-
section: 
106 STAT. 2464 
PUBLIC LAW 102-484—OCT. 23, 1992 
**(b) MANDATORY INVESTIGATIONS.—The President or the Presi-
dent's designee shall make an investigation, as described in sub-
section (a), in any instance in which an entity controlled by or 
acting on behalf of a foreign government seeks to engage in any 
merger, acquisition, or takeover which could result in control of 
a person engaged in interstate commerce in the United States 
that could aiiect the national security of the United States. Such 
investigation shall— 
"(1) commence not later than 30 d£nrs after receipt by 
the President or the President's designee of written notification 
of the proposed or pending merger, acquisition, or takeover, 
as prescribed by regulations promulgated pursuant to this sec-
tion; and 
"(2) shall be completed not later than 45 days after its 
commencement.". 
(b) CONSIDERATIONS OF THE PRESIDENT.—Section 721(f) of the 
Defense Production Act of 1950 (50 U.S.C. App. 2170(f)) (as redesig-
nated by subsection (a)) is amended— 
(1) in paragraph (2), by striking "and" at the end; 
(2) in paragraph (3), by striking the period and inserting 
a comma; and 
(3) by adding at the end the following new paragraphs: 
''(4) the potential effects of the proposed or pending trans-
action on sales of military goods, equipment, or technology 
to any country— 
"(A) identified by the Secretary of State— 
"(i) under section 6(j) of the Export Administration 
Act of 1979, as a country that supports terrorism; 
**(ii) under section 6(1) of the Export Administration 
Act of 1979, as a country of concern regarding missile 
proliferation; or 
"(iii) under section 6(m) of the Export Administra-
tion Act of 1979, as a country of concern regarding 
the proliferation of chemical and biological weapons; 
or 
"(B) listed imder section 309(c) of the Nuclear Non-
Proliferation Act of 1978 on the *Nuclear Non-Proliferation-
Special Country List' (15 C.F.R. Part 778, Supplement No. 
4) or any successor list; and 
"(5) the potential effects of the proposed or pending trans-
action on United States international technological leadership 
in areas affecting United States national security.". 
(c) REPORT.—Section 721(g) of the Defense Production Act of 
1950 (50 U.S.C. App. 2170(f)) (as redesignated by subsection (a)) 
is amended to read as follows: 
"(g) REPORT TO THE CONGRESS.—^The President shall imme-
diately transmit to the Secretary of the Senate and the Clerk 
of the House of Representatives a written report of the President's 
determination of whether or not to take action under subsection 
(d), including a detailed explanation of the findings made under 
subsection (e) and the factors considered imder subsection (f). Such 
report shall be consistent with the requirements of subsection (c) 
of this Act.". 
(d) SENSE OF THE CONGRESS REGARDING THE COMMITTEE ON 
FOREIGN INVESTMENT IN THE UNITED STATES.—It is the sense of 
the Congress that the President should include in the membership 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2465 
of the Committee on Foreign Investment in the United States 
(established by Executive Order No. 11858)— 
(1) the Director of the OflRce of Science and Technology 
Policy; and 
(2) the Assistant to the President for National Security, 
(e) 
TECHNOLOGY RISK ASSESSMENTS.—Section 
721 
of 
the 
Defense Production Act of 1950 (50 U.S.C. App. 2170) is further 
amended by adding at the end the following new subsection: 
"(j) TECHNOLOGY RISK ASSESSMENTS.—In any case in which 
an assessment of the risk of diversion of defense critical technology 
is performed by a designee of the President, a copy of such assess-
ment shall be provided to any other designee of the President 
responsible for reviewing or investigating a merger, acquisition, 
or takeover under this section.". 
SEC. 838. mPROVED NATIONAL DEFENSE CONTROL OF TECHNOLOGY 
DIVERSIONS OVERSEAS. 
(a) IN GENERAL.—Subchapter V of chapter 148 of title 10, 
United States Code, as added by section 4202(b) and amended 
by section 837, is further amended by adding at the end the follow-
ing new section: 
''§2537. Improved national defense control of technology 
diversions overseas 
"(a) COLLECTION OF INFORMATION ON FOREIGN-CONTROLLED 
CONTRACTORS.—^The Secretary of Defense and the Secretary of 
Energy shall each collect and maintain a data base containing 
a list of, and other pertinent information on, all contractors with 
the Department of Defense and the Department of Energy, respec-
tively, which are controlled by foreign persons. The data case shall 
contain information on such contractors for 1988 and thereafter 
in all cases where they are awarded contracts exceeding $100,000 
in any single year by the Department of Defense or the Department 
of Energy. 
"(b) ANNUAL REPORT TO CONGRESS.—The Secretary of Defense, 
the Secretary of Energy, and the Secretary of Commerce shall 
submit to the Congress, by March 31 of each year, beginning in 
1994, a report containing a simmiary and analysis of the informa-
tion collected under subsection (a) for the vear covered by the 
report. The report shall include an analysis of accumulated foreign 
ownership of United States firms engaged in the development of 
defense critical technologies. 
"(c) TECHNOLOGY RISK ASSESSMENT REQUIREMENT.—<1) If the 
Secretary of Defense is acting as a designee of the President under 
section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 
App. 217(Ka)) and if the Secretary determines that a proposed 
or pending merger, acquisition, or takeover may involve a firm 
engaged in the development of a defense critical technology or 
is otherwise important to the defense industrial and technology 
base, then the Secretary shall require the appropriate entity or 
entities from the list set forth in paragraph (2) to conduct an 
assessment of the risk of diversion of defense critical technology 
posed by such proposed or pending action. 
"(2) The entities referred to in paragraph (1) are the following: 
"(A) The Defense Intelligence Agency. 
"(B) The Army Foreign Technology Science Center. 
"(C) The Naval Maritime Intelligence Center. 
106 STAT. 2466 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(D) The Air Force Foreign Aerospace Science and Tech-
noloer Center. 
"(d) DEFINITION.—In this section, the term 'defense critical tech-
nology* has the meaning provided that term by section 2491(8) 
of this title.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
"2537. Improved national defense control of technology diversions overseas.". 
SEC. 839. LIMITATION ON SALE OF ASSETS OF CERTAIN DEFENSE 
CONTRACTOR 
(a) REQUIREMENT.—(1) The Secretary of Defense shall require 
that, in any contract entered into by the Department of Defense 
with the LTV Aerospace and Defense Company (hereinafter referred 
to as the 'contractor*), the terms of the contract shall include the 
requirements set forth in paragraph (2). 
(2) A contract referred to in paragraph (1) shall prohibit the 
contractor (including any subsidiaries of the contractor) from selling, 
after April 1, 1992, all or any part of its operating assets to any 
other person or entity unless the person or entity agrees to assimie, 
to the extent required imder any collective bargaining agreement 
entered into by the contractor, all the liabilities of the contractor 
to all of the employees of the contractor who have retired. For 
purposes of this paragraph, such liabilities include all retirement 
health and life insiirance and pension benefits payable (at the 
time of sale or any time after the sale) to, or for the benefit 
of, such retired employees, their spouses, and their dependents. 
(b) APPLICABILITY.—^The requirements of subsection (a) shall 
apply with respect to any contract entered into after April 1, 1992, 
and any contract in existence as of April 1, 1992, with the LTV 
Aerospace and Defense Company. Not later than 60 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall modify contracts in existence as of April 1, 1992, and contracts 
entered into between April 1, 1992, and the date of the enactment 
of this Act, to reflect the requirements of this section. 
(c) TRANSITION.—(1) If a person or entity (in this subsection 
referred to as the 'purchaser*) purchases the LTV Aerospace and 
Defense Company during the period beginning on April 1, 1992, 
and ending 60 days after the date of the enactment of this Act, 
the Secretory of Defense shall modify any transferred contracto 
to require the purchaser to assume all the liabilities of the LTV 
Aerospace and Defense Company to all of the employees of such 
company who have retired (including all the liabilities described 
in subsection (aX2)). 
(2) For purposes of paragraph (1), a transferred contract is 
a contract entered into by the purchaser and the Department of 
Defense which conteins terms and obligations (A) which are similar 
to the terms £md obligations of a previous contract between the 
LTV Aerospace and Defense Company and the Department of 
Defense, and (B) which the piu-chaser agreed to assume as part 
of the terms of the purchase ofsuch company. 
SEC. 840. ADVANCE NOTIFICATION OF CONTRACT PERFORMANCE 
OUTSIDE THE UNITED STATES. 
(a) NOTIFICATION REQUIRED.—(1) Chapter 141 of title 10, 
United Stotes Code, as amended by sections 384, 808, 813, and 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2467 
834, is further amended by adding at the end the following new 
section: 
*
*
§ 2410g. Advance notification of contract performance out-
side the United States 
"(a) NOTIFICATION.—(1) A firm that is performing a Department 
of Defense contract for an amount exceeding $10,000,000, or is 
submitting a bid or proposal for such a contract, shall notify the 
Department of Defense in advance of any intention of the firm 
or any first-tier subcontractor of the firm to perform outside the 
United States and Canada any part of the contract that exceeds 
$500,000 in value and could be performed inside the United States 
or Canada. 
"(2) If a firm submitting a bid or proposal for a Department 
of Defense contract is required to submit a notification under this 
subsection, and the firm is aware, at the time it submits its bid 
or proposal, that the firm intends to perform outside the United 
States and Canada any part of the contract that exceeds $500,000 
in value and could be performed inside the United States or Canada, 
the firm shall include the notification in its bid or proposal. 
"(3) The notification by a firm under paragraph (1) with respect 
to a first-tier subcontractor shall be made, to the maximum extent 
practicable, at least 30 days before award of the subcontract. 
"(b) RECIPIENT OF NOTIFICATION.—The firm shall transmit the 
notification— 
"(1) in the case of a contract of a military department, 
to such officer or employee of that military department as 
the Secretary of the military department may direct; and 
"(2) in the case of any other Department of Defense con-
tract, to such officer or employee of the Department of Defense 
as the Secretary of Defense may direct. 
"(c) AVAILABILITY OF NOTIFICATIONS.—^The Secretary of Defense 
shall ensure that the notifications (or copies) are maintained in 
compiled form for a period of 5 years after the date of submission 
and are available for use in the preparation of the national defense 
technology and industrial base assessment carried out under section 
2505 of this title. 
"(d) INAPPLICABILITY TO CERTAIN CONTRACTS.—This section 
shall not apply to contracts for any of the following: 
"(1) Commercial items. 
"(2) Military construction. 
"(3) Ores. 
"(4) Natural gas. 
"(5) Utihties. 
"(6) Petroleum products and crudes. 
"(7) Timber. 
"(8) Subsistence.". 
(2) The table of sections at the beginning of such chapter, 
as amended by sections 384, 808, 813, and 834, is further amended 
by adding at the end the following new item: 
''2410g. Advance notification of contract performance outside the United States.". 
(b) EFFECTIVE DATE.—Section 2410g of title 10, United States lo use 24i0g 
Code (as added by subsection (a)), shall take effect 90 days after °°*®-
the date of the enactment of this Act. 
59-194 O—93 
22:QL3(Pt. 3) 
106 STAT. 2468 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 841. ACQUISITION FELLOWSHIP PROGRAM. 
(a) FELLOWSHIP PROGRAM.—Chapter 141 of title 10, United 
States Code, as amended by sections 384, 808, 813, 834, and 840, 
is further amended by adding at the end the following new section: 
*
*
§ 2410h. Acquisition fellowship program 
"(a) ESTABLISHMENT.—^The Secretary of Defense shall establish 
and carry out an acquisition fellowship program in accordance 
with this section in order to enhance the ability of the Department 
of Defense to recruit employees who are highly qualified in fields 
of acquisition. 
"(b) NUMBER OF FELLOWSHIPS.—The Secretary of Defense may 
designate up to 25 prospective employees of the Department of 
Defense as acquisition fellows. 
"(c) ELIGIBILITY.—In order to be eligible for designation as 
an acquisition fellow, an employee— 
"(1) must complete at least 2 years of Federal Government 
service as an employee in an acquisition position in the Depart-
ment of Defense; and 
"(2) must be serving in an acquisition position in the 
Department of Defense that involves the performance of duties 
likely to result in significant restrictions under law on the 
employment activities of that employee after leaving Grovem-
ment service. 
"(d) TWO-YEAR PERIOD OF RESEARCH AND TEACHING.—Under 
the fellowship program, the Secretary of Defense shall pay des-
ignated acquisition fellows to engage in research or teaching for 
a 2-year period in a field related to Federal Government acquisition 
poUcy. Such research or teaching may be conducted in the defense 
acquisition university structure of the Department of Defense, any 
other institution of professional education of the Federal Govern-
ment, or a nonprofit institution of higher education. Each fellow 
shall be paid at a rate equal to the rate of pay payable for the 
level of the position in which the fellow served in the Department 
of Defense before undertaking such research or teaching.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter, as amended by sections 384, 808, 813, 834, 
and 840, is further amended by adding at the end the following 
new item: 
''2410h. Acquisition fellowship program.". 
Termination 
SEC. 842. PURCHASE OF ANGOLAN PETROLEUM PRODUCTS. 
10 use 2304 
The prohibition in section 316 of the National 
Defense 
note. 
Authorization Act for Fiscal Year 1987 (100 Stat. 3855; 10 U.S.C. 
2304 note) shall cease to be effective on the date on which the 
President certifies to Congress that free, fair, and democratic elec-
tions have taken place in Angola. 
SEC. 843. AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO SHARE 
EQUITABLY THE COSTS OF CLAIMS UNDER 
INTER-
NATIONAL ARMAMENTS COOPERATION PROGRAMS. 
(a) AMENDMENT TO THE ARMS EXPORT CONTROL ACT.—Section 
27(c) of the Arms Export Control Act (22 U.S.C. 2767(c)) is amended 
in the second sentence by striking out "and administrative costs" 
and inserting in lieu thereof "costs, administrative costs, and costs 
of claims". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2469 
(b) AMENDMENTS TO TITLE 10.—(1) Section 2350a(c) of title 
10, United States Code, is amended by inserting "(including the 
costs of claims)" after "project" the second place it appears. 
(2) Section 2350d(c) of such title is amended by inserting "and 
costs of claims" after "administrative costs". 
(c) TERMINATION.—On the date which is two years after the l
O use 2350a 
date of the enactment of this Act, subsections (a) and (b) shall " 
cease to be in effect, and section 27(c) of the Arms Export Control 
Act and section 2350a of title 10, United States Code, shall read 
as if such subsections had not been enacted. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 
AND MANAGEMENT 
Subtitle A—^Roles and Missions 
SEC. 901. REPORT OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF 
10 USC 153 note. 
ON ROLES AND MISSIONS OF THE ARMED FORCES. 
(a) REPORT.—(1) The Secretary of Defense shall transmit to 
Congress a copy of the first report relating to the roles and missions 
of the Armed Forces that is submitted to the Secretary by the 
Chairman of the Joint Chiefs of Staff under section 153(b) of title 
10, United States Code, after January 1,1992. 
(2) The Secretary shall transmit the report, together with his 
views on the report, within 30 days after receiving the report. 
(b) ADDITIONAL MATTERS.—In audition to the matters required 
under such section 153(b), the Chairman shall include in the report 
referred to in subsection (a) the Chairman's comments and rec-
ommendations regarding the following matters: 
(1) Reassessing the roles and missions assigned to each 
of the Armed Forces (under the Key West agreement of 1947 
and subsequent actions by the various Secretaries of Defense 
and the Congress) in light of the new national security environ-
ment resulting from the end of the Cold War. 
(2) The extent to which the efficiency of the Armed Forces 
in carrying out their roles and missions can be enhanced by— 
(A) the elimination or reduction of duplication in the 
capabilities of the military departments and Defense Agen-
cies without an undue diminution in their effectiveness; 
and 
(B) the consolidation or streamlining of organizations 
and activities within the military departments and Defense 
Agencies. 
(3) Changes in the operational tempo of forces stationed 
in the continental United States and changes in deplo3mient 
patterns and operational tempo of forces deployed outside the 
United States. 
(4) Changes in the readiness status of units based upon 
time-phased force deplojonent plans. 
(5) Transfers of functions from the active components of 
the Armed Forces to the reserve components of tne Armed 
Forces. 
SEC. 902. TACTICAL AIRCRAFT MODERNIZATION PROGRAMS. 
(a) FUNDING LIMITATION PENDING CERTAIN ACTIONS.—Of the 
total amount appropriated pursuant to an authorization of appro-
priations in section 201 that is made available for tactical aircraft 
106 STAT. 2470 
PUBLIC LAW 102-484—OCT. 23, 1992 
programs specified in subsection (b), not more than 65 percent 
may be obligated for those programs (allocated among those pro-
grams in such manner as the Secretary of Defense determines) 
until 60 days after the date as of which each of the following 
has occurred: 
(1) The Secretary of Defense has transmitted to Congress 
the report referred to in section 901 in accordance with that 
section. 
(2) The Secretary of Defense has submitted to the congres-
sional defense committees the report described in subsection 
(c) setting forth a comprehensive affordability assessment of 
Department of Defense tactical aircraft programs. 
(3) The Secretary of Defense has submitted to the congres-
sional defense committees the technical assessments of the 
Defense Science Board that are specified in subsection (d). 
(4) The Secretary of Defense has established a revised 
acquisition plan for the A-X medium attack aircraft program 
of the Navy as described in section 214. 
(b) APPLICABILITY.—Subsection (a) applies to the following tec-
tical aircraft programs: 
(1) The F-22 Advanced Tactical Fighter (ATF) program 
ofthe Air Force. 
(2) The FA-18E/F fighter program ofthe Navy. 
(3) The A-X medium atteck aircraft program of the Navy. 
(c) 
COMPREHENSIVE AFFORDABILITY ASSESSMENT.—(1) 
The 
report under subsection (aX2) shall contein a comprehensive afford-
ability assessment of the long-range modernization plans of the 
Department of Defense for tactical aircraft programs. The assess-
ment shall be prepared in light of the roles and missions report 
referred to in subsection (aXl) and any other analysis of Department 
of Defense tactical aircraft requirements that the Secretory consid-
ers relevant. 
(2) The toctical aircraft modernization plans to be considered 
in the assessment shall include— 
(A) continued procurement of current aircraft; 
(B) upgrades to current aircraft; and 
(C) procurement of new design aircraft such as the FA-
18E/F, the A-X, the EA-X, and the F-22 aircraft. 
(3) The assessment shall include an examination of the shares 
of their respective annual budgets that the Air Force and the 
Navy have historically devoted to toctical aviation modernization 
programs and the efTect of currently planned tactical aircraft mod-
ernization programs on those historical budget shares. 
(4) As part of the assessment, the Secretory shall postulate 
the force structure for toctical aviation over the next 20 years 
and shall indicate the most cost effective modernization plans for 
that force structure. 
(5) As part of the assessment, the Secretory shall evaluate 
for each of the aircraft programs specified in subsection (b) alter-
native manufacturing methods that would produce the aircraft effi-
ciently in a reduced quantity and at a significantly lower annual 
rate than the quantity and rate currently projected by the Depart-
ment for the aircraft. Such analysis shall show the effect of lower 
production rates on unit costs at 25 percent, 50 percent, and 100 
percent of the currently projected maximum annual rates of 
production. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2471 
(6) In preparing the assessment, the Secretary shall receive 
and consider the views of the Cost Analysis Improvement Group 
in the Office of the Secretary of Defense on the tactical aviation 
programs covered by the assessment. 
(d) DSB TECHNICAL ASSESSMENT.—^The technical assessments 
to be undertaken by the Defense Science Board for purposes of 
subsection (a)(3) are the following: 
(1) An assessment of the ways that current aircreift, 
upgrades to current aircraft, and new d e s i ^ aircraft can be 
modified or otherwise adapted so that a single aircraft type 
can be used by both the Air Force and the Navy in parallel 
missions. 
(2) An assessment of the technical risks associated with 
the three tactical aircraft specified in subsection (b). 
SEC. 903. SENSE OF CONGRESS ON COOPERATION BETWEEN THE 
ARMY AND THE MARINE CORPS. 
(a) FINDINGS.—^With respect to the roles and missions of the 
Army and Marine Corps, the Congress makes the following findings: 
(1) The Army and the Marine Corps both provide military 
capabilities that are necessary for canying out the national 
military strategy of the United States. 
(2) Operation Desert Shield and Operation Desert Storm 
demonstrated the complementary nature of those capabilities 
and the substantial degree to which the Army and the Marine 
Corps can effectively coordinate their activities and cooperate 
with each other. 
(3) The availability of ftiture Federal budget resources for 
the Army and the Marine Corps is likely to be significantly 
more limited than the Federal budget resources currently avail-
able for the Army and the Marine Corps. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Army and the Marine Corps should intensify efforts— 
(1) to eliminate unnecessary duplication; and 
(2) to improve interservice coordination and to specialize 
in specific functional areas. 
(c) EXAMINATION BY CJCS.—(1) The Congress encourages the 
Chairman of the Joint Chiefs of Staff to examine whether— 
(A) the Army should provide the Marine Corps with armor 
and heavy fire support needed for mid-intensity and high-
intensity combat; or 
(B) the Marine Corps should be equipped with the armor, 
heavy artillery, and other weapons and sustainability needed 
to engage in mid-intensity and high-intensity combat independ-
ent of the other military services. 
(2) In conducting the examination, the Chairman should con-
sider the following actions: 
(A) Designating Army artillery battalions equipped with 
the Multiple Launch Rocket System to support Marine amphib-
ious forces afioat. 
(B) Designating Army tank battalions to support Marine 
amphibious forces afloat. 
(C) Equipping maritime prepositioning ships with Multiple 
Launch Rocket System (MLRS) launchers and Ml tanks to 
be manned by Army units in support of Marine forces. 
(D) Transferring management of all prepositioning shipping 
on behalf of all of the Armed Forces to the Marine Corps. 
106 STAT. 2472 
PUBLIC LAW 102-484—OCT. 23, 1992 
(E) Transferring Army shipping and lighterage to the Navy. 
(3) In the consideration of the actions referred to in paragraph 
(2), the Chairman should evaluate the logistics, training, and oper-
ational implications of each action. 
(4) If the Chairman recommends that the Marine Corps be 
equipped with the armor, heavy artillery, other weapons, and 
sustainability necessary for engaging in mid-intensity and high-
intensity combat independent of the other services, the Chairman 
should determine, as part of the examination under this paragraph, 
the following: 
(A) What additional procurement requirements and costs 
are necessary to equip the Marine Corps to meet the demands 
of mid-intensity and high-intensity combat. 
(B) The adequacy of current propositioning programs, mine 
warfare capability, naval fire support, and night fighting 
capability to meet the demands of mid-intensity and high-
intensity combat. 
(d) ROLES AND MISSIONS AUTHORITY OF CHAIRMAN.—The Chair-
man should consider the findings and sense of Congress set forth 
in subsections (a) and (b), and the matters set forth in subsection 
(c), including the options for streamlining the roles and missions 
of the Army and the Marine Corps, in the performance of the 
Chairman's responsibilities under section 153(b) of title 10, United 
States Code. 
SEC. 904. NATIONAL GUARD AND RESERVE COMPONENT OPER-
ATIONAL SUPPORT AIRLIFT STUDY. 
(a) LIMITATION.—Of the fimds authorized to be appropriated 
by section 106, not more than $90,000,000 may be obligated to 
procure operational support airlift aircraft. None of those funds 
may be obligated imtil 60 days after the date on which the study 
required by subsection (b) is transmitted to the congressional 
defense committees. 
(b) STUDY REQUIRED.—The Secretary of Defense shall under-
take a study of operational support airlin; aircraft and administra-
tive transport airlift aircraft operated by the National Guard and 
the reserve components. 
(c) STUDY REQUIREMENTS.—^The study required by subsection 
(b) shall include the following: 
(1) An inventory of all operational support airlift aircraft 
and administrative transport airlift aircrsift that are operated 
by the reserve components. 
(2) The peacetime utilization rate of such aircraft. 
(3) The wartime mission of such aircraft. 
(4) The need for such aircraft for the future base force. 
(5) The current age, projected service life, and programmed 
retirement date for such aircraft. 
(6) A list of aircraft programmed in the fiscal year 1994 
future-years defense program to be purchased for the reserve 
components or to be transferred from the active components 
to the reserve components. 
(7) The funds programmed in the fiscal year 1994 future-
years defense program for procurement of replacement oper-
ational support and administrative transport airlift aircraft, 
and the acquisition strategy proposed for each type of replace-
ment aircraft so programmed. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2473 
(d) DEFINITION.—For purposes of this section, the term "future-
years defense program" means the future-years defense program 
submitted to Congress pursuant to section 221 of title 10, United 
States Code. 
Subtitle B—Joint Chiefs of Staff 
SEC. 911. VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF. 
(a) DESIGNATION AS A MEMBER OF THE JOINT CHIEFS OF 
STAFF.—Section 151(a) of title 10, United States Code, is amended— 
(1) by redesignating paragraphs (2) through (5) as para-
graphs (3) through (6), respectively; and 
(2) lay inserting after paragraph (1) the following new para-
graph (2): 
"(2) The Vice Chairman.". 
(b) CONFORMING AMENDMENTS.—(1) Section 154 of such title 
is amended— 
(A) in subsection (c), by striking out "such" and inserting 
in lieu thereof "the duties prescribed for him as a member 
of the Joint Chiefs of Staff and such other"; 
(B) by striking out subsection (f); and 
(C) by redesignating subsection (g) as subsection (f). 
(2) Section 155(a)(1) of such title is amended by striking out 
"and the Vice Chairman." 
Subtitle C—Professional Military Education 
SEC. 921. A P P U C A T I O N OF DEFINITION OF PRINCIPAL COURSE OF 
INSTRUCTION AT THE ARMED FORCES STAFF COLLEGE. 
Section 912(b) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1452) lO use 663 note, 
is amended by striking out "October 1, 1993" and inserting in 
Heu thereof "January 1, 1994". 
SEC. 922. PLAN REGARDING PROFESSIONAL MILITARY EDUCATION 
TEST PROGRAM FOR RESERVE COMPONENT OFFICERS OF 
THE ARMY. 
(a) PLAN FOR TEST PROGRAM REQUIRED.—^The Secretary of the 
Army shall prepare a plan for canying out a test program to 
improve the provision of professional military education to reserve 
component officers of the Army by assigning or attaching such 
officers to an Army Reserve Forces school in an inactive duty 
status for the purpose of attending professional military education 
courses offered by the school. 
(b) NATURE OF EDUCATION.—The professional military edu-
cation courses offered as part of such a test program should cor-
respond to the courses offered at the Army Combined Arms and 
Services Staff School and the United States Army Command and 
General Staff" College. 
(c) REPORT ON PLAN.—Not later than March 31, 1993, the 
Secretary of the Army shall submit to Congress a report that— 
(1) describes the most effective approach, as determined 
by the Secretary, for carrying out the test program outlined 
in the plan required under subsection (a); 
(2) describes the method by which reserve component offi-
cers of the Army would be selected to participate in the test 
program; 
106 STAT. 2474 
PUBLIC LAW 102-484—OCT. 23, 1992 
(3) identifies any legislation that would be reqmred to 
implement the test program, such as the authorization of funds 
for the test program or the compensation of reserve component 
officers of the Army under section 206 of title 37, United 
States Code, who are selected to participate in the test program; 
and 
(4) indicates how the test program would be evaluated 
to determine the effect of the program on units of the Selected 
Reserve, the management of duty assignments in the Selected 
Reserve, and the capabilities of the Army Reserve Forces 
schools. 
(d) RESERVE COMPONENT OFFICER OF THE ARMY DEFINED.— 
For purposes of this section, the term "reserve component officer 
of the Army" means an officer of the Army National Guard of 
the United States or the Army Reserve who is assigned to a unit 
of the Selected Reserve and is unable to attend professional military 
education courses while in the active service. 
SEC. 
923. 
FOREIGN 
LANGUAGE 
CENTER 
OF 
THE 
DEFENSE 
LANGUAGE 
INSTITUTE. 
(a) 
EMPLOYMENT OF CIVILIAN FACULTY MEMBERS AUTHOR-
IZED.—(1) Section 1595 of title 10, United States Code, is amended— 
(A) in subsection (a), by inserting "and the Foreign Lan-
guage Center of the Defense Language Institute" 
after 
"National Defense University"; and 
(B) in subsection (c), by striking out "This section" and 
inserting in lieu thereof "In the case of the National Defense 
University, this section". 
(2)(A) The heading of such section is amended to read as 
follows: 
^§ 1595. National Defense University; Foreign Language Cen-
ter of the Defense Language Institute: civilian fac-
ulty members'*. 
(B) The item relating to such section in the table of sections 
at the beginning of chapter 81 of such title is amended to read 
as follows: 
"1595. National Defense University; Foreign Language Center of the Defense Lan-
guage Institute: civilian faculty members. . 
10 use 1595 
(b) EFFECT ON CURRENT EMPLOYEES.—In the case of a person 
"°*®- 
who, on the day before the date of the enactment of this Act, 
is employed as a professor, instructor, or lecturer at the Foreign 
Language Center of the Defense Language Institute, the Secretary 
of Defense shall afford the person an opportunity to elect to be 
paid under the conipensation plan authorized by section 1595(b) 
of title 10, United States Code, or to continue to be paid under 
the General Schedule (with no reduction in pay) under section 
5332 of title 5, United States Code. 
Subtitle D—Other Matters 
SEC. 931. CERTIFICATIONS RELATING TO THE ASSISTANT SECRETARY 
OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTEN-
SITY CONFLICT AND THE SPECIAL OPERATIONS COM-
MAND. 
(a) CERTIFICATIONS.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall (except 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2475 
as otherwise provided under subsection (b)) certify to Congress 
the following: 
(1) That the Assistant Secretary of Defense for Special 
Operations and Low Intensity Conflict and the commander 
of the special operations command established pursuant to 
section 167 of title 10, United States Code, have been assigned 
the duties and functions specified for the Assistant Secretary 
and that commander, respectively, under law, the Unified Com-
mand Plan, and Department of Defense Directive No. 5138.3 
(dated January 4, 1988). 
(2) That the Assistant Secretary and the special operations 
command have been authorized the number of personnel nec-
essary for the Assistant Secretary and the commander of the 
special operations command to perform such respective duties 
and functions. 
(b) 
ALTERNATIVE TO CERTIFICATION.—^If the Secretary of Reports. 
Defense is unable to make the certifications referred to in subsection 
(a) within the 120-day period provided in that subsection, the Sec-
retary shall submit to Congress a report notifying the committees 
that the Secretary is unable to make such certifications and setting 
forth the actions that the Secretary will take in order to enable 
the Secretary to make such certifications after the expiration of 
that period. 
SEC. 932. STUDY OF JOINT DUTY ASSIGNMENTS. 
(a) STUDY.—^The Secretary of Defense, after consultation with 
the Chairman of the Joint Chiefs of Staff, shall conduct a study 
of military officer positions that are designated as joint duty assign-
ments pursuant to section 661 of title 10, United States Code, 
and other provisions of law. In canying out the study, the Secretary 
shall— 
(1) assess the appropriateness of the current allocation 
of joint assignments and critical joint duty assignments, with 
such assessment— 
(A) to place particular emphasis on the allocations 
of 
joint duty positions to each Defense Agency; and 
(B) to determine any changes in regulations that are 
necessary to ensure that the joint duty assignment process 
provides appropriate crediting as service in joint duty 
assignments in the case of officers assigned to Defense 
Agencies in positions that provide them with significant 
experience in joint matters; 
(2) assess whether officers who have the joint specialty 
under chapter 38 of title 10, United States Code, are being 
assigned to appropriate joint duty positions; and 
(3) survey positions that provide military officers with 
significant experience in joint matters but are now excluded 
from the joint duty designation under section 661 of such title 
or other provisions of law. 
(b) ADJUSTMENTS IN LIGHT OF STUDY.—Following completion 
of the study required by subsection (a), the Secretary shall direct 
the heads of the military departments. Defense Agencies, and other 
components of the Department of Defense to make adjustments 
in joint duty assignments as necessary to comport with the conclu-
sions of the assessments required by paragraphs (1) and (2) of 
such subsection. 
106 STAT. 2476 
PUBLIC LAW 102-484—OCT. 23, 1992 
(c) REPORT.—Not later than April 15, 1993, the Secretary shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report containing— 
(1) the results of the study required by subsection (a) 
and a plan to implement its findings; and 
(2) any recommendations for legislative changes that the 
Secretary proposes in order to provide the Secretary with 
authority to grant a waiver, in the case of an assignment 
that is determined to provide an officer with significant experi-
ence in joint matters, to the exclusion by law of consideration 
as a joint duty assignment of any assignment within an officer's 
own military department. 
10 use 664 note. 
SEC. 933. JOINT DUTY CREDIT FOR CERTAIN DUTY PERFORMED DUR-
ING OPERATIONS DESERT SHIELD AND DESERT STORM. 
(a) AUTHORITY TO GIVE JOINT DUTY CREDIT.—(1) The Secretary 
of Defense, in consultation with the Chairman of the Joint Chiefs 
of Staff, may give an officer who has completed service described 
in paragraph (2) credit for having completed a full tour of duty 
in a joint duty assignment, or credit countable for determining 
cumulative service in joint duty assignments, for the purposes of 
chapter 38 of title 10, United States Code, notwithstanding the 
length of such service or whether that service is within the defini-
tion of "joint duty assignment" in section 668 of title 10, United 
States Code. 
(2) Service referred to in paragraph (1) is service performed 
by an officer, any portion of which took place during the period 
beginning on August 2, 1990, and ending on February 28, 1991, 
in an assignment in the Persian Gulf combat zone that (as deter-
mined by the Secretary of Defense) provided significant experience 
in joint matters. 
(3) The Secretary, after consultation with the Chairman of 
the Joint Chiefs of Staff, may give credit for service in a joint 
duty assignment under paragraph (1) in the case of an officer 
recommended for such credit by the Chief of Staff of the Army 
(for officers in the Army), the Chief of Naval Operations (for officers 
in the Navy), the Chief of StafiF of the Air Force (for officers in 
the Air Force), and the Commandant of the Marine Corps (for 
officers in the Marine Corps). Any such credit shall be granted 
by the Secretary on a case-by-case basis. 
(4) The Secretary of Defense shall establish uniform criteria 
for defining the standards to be used in determining whether to 
give an officer credit for service in a joint duty assignment under 
paragraph (1). Such criteria shall be consistent with the congres-
sional declarations of policy in section 2 of the National Security 
Act of 1947 (50 U.S.C. 401) and section 3 of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (10 U.S.C. I l l 
note). The criteria shall include standards to be used in determining 
whether to give an officer credit for completion of a full tour of 
duty, or credit countable for determining cumulative service, in 
a joint duty assignment. Such criteria may not result in the exten-
sion of eligibility for joint duty credit under this section to all 
officers in a specified category of officers that exists other than 
for reasons of this section. 
(b) 
INAPPLICABILITY 
OF CERTAIN 
REPORTING 
AND POLICY 
REQUIREMENTS.—(1) Officers for whom joint duty credit is granted 
pursuant to subsection (a) shall not be counted for the purposes 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2477 
of paragraphs (7), (8), (9), (11), or (12) of section 667 of title 
10, United States Code, and subsections (aX3) and (b) of section 
662 of such title. 
(2) In the case of an officer for whom credit for completion 
of a full tour of duty in a joint duty assignment is granted pursuant 
to subsection (a), the Secretary of Defense may waive the require-
ment in paragraph (1)(B) of section 661(c) of title 10, United States 
Code, that, for purposes of nomination to the joint specialty under 
chapter 38 of such title, a full tour of duty in a joint duty assignment 
be performed after the officer completes a program of education 
referred to in paragraph (1)(A) of that section. 
(c) INFORMATION TO B E INCLUDED IN NEXT ANNUAL REPORT.— 
The joint specialty report of the Secretary of Defense under section 
667 of title 10, United States Code for fiscal year 1993 shall include 
the following information (which shall be shown for the Department 
of Defense as a whole and separately for the Army, Navy, Air 
Force, and Marine Corps): 
(1) The number of officers granted credit for a joint duty 
assignment pursuant to subsection (a). 
(2) Of such officers, the number granted credit for a full 
tour of duty in a joint duty assignment pursuant to subsection 
(a) and the number granted credit for a joint duty assignment 
that is not treated as a full tour of duty. 
(3) Of the officers granted credit for a joint duty assignment 
pursuant to subsection (a), the number in each grade and 
each occupational specialty. 
(d) DEFINITIONS.—For purposes of this section: 
(1) The term "joint matters" has the meaning given such 
term in section 668(a) of title 10, United States Code. 
(2) The term "Persian Gulf combat zone" means the area 
designated by the President as the combat zone for Operation 
Desert Shield, Operation Desert Storm, and related operations 
for purposes of section 112 of the Internal Revenue Code of 
1986. 
(3) The term "joint specialty report" means that part of 
the annual report of the Secretary of Defense submitted to 
Congress imder section 113(c) of title 10, United States Code, 
that is included in such report pursuant to section 667 of 
title 10, United States Code. 
(e) DURATION OF AUTHORITY.—^The authority of the Secretary 
of Defense under this section expires at the end of the six-month 
period beginnning on the date of the enactment of this Act. 
SEC. 934. CINC INITIATIVE FUND. 
(a) AUTHORIZED RECIPIENTS OF FUNDS.—Subsection (a) of sec-
tion 166a of title 10, United States Code, is amended in the first 
sentence by striking out "funds, upon request," and all that follows 
through the period and inserting in lieu thereof "funds to the 
commander of a combatant command, upon the request of the 
commander, or, with respect to a geographic area or areas not 
within the area of responsibility of a commander of a combatant 
command, to an officer designated by the Chairman of the Joint 
Chiefs of Staff for such purpose.". 
(b) AUTHORIZED ACTIVITIES.—Subsection (b)(7) of such section 
is amended by inserting "(including transportation, translation, and 
administrative expenses)" before the period at the end. 
106 STAT. 2478 
PUBLIC LAW 102-484—OCT. 23, 1992 
(c) PRIORITY.—Subsection (c) of such section is amended to 
read as follows: 
"(c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in 
considering requests for funds in the CINC Initiative Fund, should 
give priority consideration to— 
"(1) requests for funds to be used for activities that would 
enhance the war fighting capabilitv, readiness, and sustain-
ability of the forces assigned to the commander requesting 
the funds; and 
"(2) the provision of funds to be used for activities with 
respect to an area or areas not within the area of responsibility 
of a commander of a combatant command that would reduce 
the threat to, or otherwise increase, the national security of 
the United States.". 
10 use 166a. 
(d) LIMITATIONS.—Subsection (e)(1)(C) of such section is amend-
ed to read as follows: 
"(C) not more than $2,000,000 may be used to provide 
military education and training (including transportation, 
translation, and administrative expenses) to military and 
related civilian personnel of foreign countries as authorized 
by subsection (b)(7).". 
SEC. 935. ORGANIZATION OF THE OFFICE OF THE CHIEF OF NAVAL 
OPERATIONS. 
(a) 
CONSOLIDATION OF NAVY HEADQUARTERS 
MANAGEMENT 
STRUCTURE.—The Secretary of the Navy shall consolidate and 
streamline the Navy headquarters establishments within the Office 
of the Chief of Naval Operations to reflect changes in the roles 
and missions of the Department of the Navy. 
(b) DIRECTORATE FOR EXPEDITIONARY WARFARE WITHIN THE 
OFFICE OF THE CHIEF OF NAVAL OPERATIONS.—<1) Chapter 505 
of title 10, United States Code, is amended by inserting after 
section 5037 the following new section: 
^§ 5038. Director for Expeditionary Warfare 
"(a) One of the Directors within the Office of the Deputy Chief 
of Naval Operations for Resources, Warfare Requirements, and 
Assessments shall be the Director for Expeditionary Warfare who 
shall be detailed from officers on the active-duty list of the Marine 
Corps. 
"(b) An officer assigned to the position of Director for 
Expeditionary Warfare, while so serving, has the grade of major 
general. 
"(c) The principal duty of the Director for Expeditionary War-
fare shall be to supervise the performance of all staff responsibilities 
of the Chief of Naval Operations regarding expeditionary warfare, 
including responsibilities regarding amphibious lift, mine warfare, 
naval fire support, and other missions essential to supporting 
expeditionary warfare. 
"(d) The Chief of Naval Operations shall transfer duties, respon-
sibilities, and staff from other personnel within the Office of the 
Chief of Naval Operations as necessary to fully support the Director 
for Expeditionary Warfare. 
"(e) This subsection shall cease to apply on November I, 1997.". 
Termination 
(2) The table of Sections at the oeginning of such chapter 
^
^
*
® 
is amended by adding at the end the following: 
"5038. Director for Expeditionary Warfare.". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2479 
SEC. 936. GRADE OF CERTAIN COMMANDERS OF SPECIAL OPER- 
10 USC167 note. 
ATIONS FORCES. 
(a) GRADE FOR CERTAIN REGIONAL SOF COMMANDERS.—During 
the period beginning on February 1, 1993, and ending on February 
1, 1995, the provisions of section 1311(e) of the National Defense 
Authorization Act for Fiscal Year 1987 (10 U.S.C. 167 note) shall 
apply as if the Secretary of Defense had designated the United 
States Southern Command and the United States Central Command 
for the purposes of that section. 
(b) REPORT.—Not later than March 1, 1994, the Secretary of 
Defense shall submit to Congress a report setting forth the Sec-
retary's recommendations for the grade structure for the special 
operations forces component commander for each unified command, 
particularly as to whether each such commander should be of gen-
eral or flag officer grade. 
(c) REPEAL OF DUPLICATIVE PROVISIONS.—Subsections (c), (d), 
and (e) of section 9115 of the Department of Defense Appropriations 
Act, 1987 (as enacted in identical form in sections 101(c) of Public 
Law 99-500 and Public Law 99-591), are repealed. 
10 USC 167 note. 
SEC. 937. REPORT 
ON ASSIGNMENT OF SPECIAL OPERATIONS 
FORCES. 
(a) REPORT REQUIRED.—^Not later than February 1, 1993, the 
Secretary of Defense shall submit to Congress a report describing 
the implementation of the requirement contained in section 167(b) 
of title 10, United States Code, that all active and reserve special 
operations forces of the Armed Forces stationed in the United 
States be assigned to the Special Operations Command unless 
otherwise directed by the Secretary. 
(b) COMMAND AND CONTROL RESPONSIBILITIES.—The report 
required by subsection (a) shall delineate the respective responsibil-
ities of the commander of the Special Operations Command and 
the chiefs of the reserve components regarding the peacetime com-
mand and control of reserve component special operations forces. 
(c) OTHER MATTERS TO BE INCLUDED.—The report shall also 
specifically address the following matters: 
(1) Establishment of training and readiness standards. 
(2) Military and civilian personnel management. 
(3) Programming and budget execution functions. 
(4) Conduct of operational training. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—^Financial Matters 
SEC. 1001. TRANSFER AUTHORITY. 
(a) AUTHORITY To TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in 
this division for fiscal year 1993 between any such authorizations 
for that fiscal year (or any subdivisions thereof). Amounts of 
authorizations so transferred shall be merged with and be available 
for the same purposes as the authorization to which transferred. 
(2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may not 
exceed $1,500,000,000. 
106 STAT. 2480 
PUBLIC LAW 102-484—OCT. 23, 1992 
(b) LIMITATIONS.—^The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amoimt equal to the 
amount transferred, 
(d) NOTICE TO CONGRESS.—The Secretary of Defense shall 
promptly notify Congress of transfers made under the authority 
of this section. 
SEC. 1002. DEFENSE BUDGETING. 
(a) MISSION-ORIENTED BUDGETING.—Chapter 9 of title 10, 
United States Code, is amended— 
(1) by redesignating section 221 as section 226; and 
(2) by inserting after the table of sections the following 
new section: 
*
*
§ 222. Future-years mission budget 
"(a) 
FUTURE-YEARS 
MISSION 
BUDGET.—The 
Secretary 
of 
Defense shall submit to Congress for each fiscal year a future-
years mission budget for the military programs of the Department 
of Defense. That budget shall be submitted for any fiscal year 
at the same time that the President's budget for that fiscal year 
is submitted to Congress pursuant to section 1105 of title 31. 
"(b) CONSISTENCY WITH FUTURE-YEARS DEFENSE PROGRAM.— 
The future-years mission budget shall be consistent with the future-
years defense program required under section 221 of this title. 
In the future-years mission budget, the military programs of the 
Department of Defense shall be organized on the basis of major 
roles, missions, or forces of the Department of Defense, 
"(c) RELATIONSHIP TO OTHER DEFENSE BUDGET FORMATS.—The 
requirement in subsection (a) is in addition to the requirements 
in any other provision of law regarding the format for the presen-
tation regarding military programs of the Department of Defense 
in the budget submitted pursuant to section 1105 of title 31 for 
any fiscal year.". 
(b) CONFORMING REPEAL.—Section 1404 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
10 use 114a 
Stat. 1675; 10 U.S.C. 114a note) is repealed. 
"o^ 
(c) TRANSFER.—(1) Section 114a of title 10, United States Code, 
is transferred to chapter 9 of title 10, United States Code, redesig-
nated as section 221, inserted after the table of sections, and amend-
ed by striking out "multiyear" each place it appears in the text 
and inserting in lieu thereof "future-years". 
(2) The heading of such section is amended to read as follows: 
^§221. Future-years defense program: submission to Con-
gress; consistency in budgeting^. 
(d) CLERICAL AMENDMENTS.—(1) The table of sections at the 
beginning of chapter 2 of title 10, United States Code, is amended 
by striking out the item relating to section 114a. 
PUBLIC LAW 102-484—OCT, 23, 1992 
106 STAT. 2481 
(2) The table of sections at the beginning of chapter 9 of 
such title is amended by striking out the item relating to section 
221 and inserting in lieu thereof the following: 
"221. Future-years defense program: submission to Congress; consistency in budget-
ing. 
"222. Future-years mission budget. 
"226. Scoring of outlays.". 
SEC. 1003. TREATMENT OF CERTAIN "M" ACCOUNT OBLIGATIONS. 
(a) LIMITATION.—The Secretary of Defense may not reobligate 
any sum in a merged (or so-called "M") account of the Department 
of Defense until the Secretary has identified an equal sum under 
section 1406 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1680) that can be can-
celed. 
(b) REQUIREMENT FOR RECIPROCAL CANCELLATION.—Whenever 
the Secretary of Defense reobligates funds from a merged (or so-
called "M") account of the Department of Defense, the Secretary 
shall at the same time cancel with the Treasury of the United 
States a sum in the same amount as the reobligation from a 
merged account of the Department of Defense. 
(c) MONTHLY REPORTS.—^The Secretary of Defense shall submit 
to the congressional defense committees a monthly report, for each 
month beginning after the date of the enactment of this Act through 
September 1993, on the amount of funds reobligated during the 
month from merged accounts of the Department of Defense and 
the amount of funds canceled during the month from such accounts. 
Each report shall be submitted not later than the 21st day of 
the month after the month covered by the report. 
(d) NOTICE-AND-WAIT.—(1) Whenever the Secretary of Defense 
proposes to reobligate from a merged (or so-called "M") account 
of the Department of Defense any sum in an amount greater than 
$10,000,000, the reobligation may not be made until— 
(A) the Secretary notifies Congress of the amount to be 
reobligated, the source of the funds to be reobligated, and 
the purpose the funds will be reobligated for; and 
(B) a period of 30 days passes after the notice is received. 
(2) The limitation in paragraph (1) applies to reobligations 
for a single purpose in a sum greater than the amount specified 
in that paragraph. Such a reobligation may not be divided into 
several smaller sums to avoid such limitation. 
(e) DURATION OF LIMITATIONS.—Subsections (a) and (b) shall 
cease to apply when all audits and cancellations of balances required 
by section 1406 of the National Defense Authorization Act for 
Fiscal Year 1991 (PubUc Law 101-510; 104 Stat. 1680) have been 
completed. 
SEC. 1004. ADDITIONAL TRANSITION AUTHORITY REGARDING CLOS-
ING APPROPRIATION ACCOUNTS. 
Section 1405(b) of the National Defense Authorization Act for 
Fiscal Year 1991 (31 U.S.C. 1551 note) is amended by adding 
at the end the following new paragraph: 
"(8) OBLIGATIONS AND ADJUSTMENTS OF OBLIGATIONS FOR 
EXPIRED BUT NOT CLOSED ACCOUNTS.—(A) Subject to subpara-
graphs (B), (C), and (D), in the case of an appropriation account 
for a fiscal year before fiscal year 1992 for which the period 
of availability for obligation has expired but which has not 
been closed under the provisions oi section 1552(a) of title 
106 STAT. 2482 
PUBLIC LAW 102-484—OCT. 23, 1992 
31, United States Code, or paragraph (4) of this section, an 
obligation and an adjustment of an obligation may be charged 
to any current appropriation account of the Department of 
Defense that is available for the same purpose as the expired 
account if— 
"(i) the obligation would have been properly chargeable 
(except as to amount) to the expired account before the 
end of the period of availability of that account; and 
"(ii) the obligation is not otherwise properly chargeable 
to any current appropriation account of the Department 
of Defense. 
"(B) The total amount charged to a current appropriation 
accoimt under subparagraph (A) may not exceed an amount 
equal to the lesser of— 
"(i) one percent of the total amount of the appropria-
tions for that account; or 
**(ii) one percent of the total amount of the appropria-
tions for the expired account. 
"(C) No obligation or adjustment of an obligation may be 
charged pursuant to the provisions of this paragraph imtil 
the Committees on Armea Services and the Committees on 
Appropriations of the Senate and House of Representatives 
are notified of the intent to make such a charge and a period 
of 30 days elapses after the notification is submitted. 
"(D) CERTIFICATIONS.—No obligation or adjustment of an 
obligation may be charged pursuant to the provisions of this 
paragraph until the Secretary of Defense (except as otherwise 
provided in subparagraph (E)) certifies to Congress the 
following: 
"(i) That the limitations on expending and obligating 
amounts established pursuant to section 1341 of title 31, 
United States Code, are being observed within the Depart-
ment of Defense. 
Reports. 
"(ii) That reports on any violations of such section 
1341, whether intentional or inadvertent, are being submit-
ted to the President and Congress immediately and with 
all relevant facts and a statement of actions taken as 
required by section 1351 of title 31, United States Code. 
Reports. 
"(E) ALTERNATIVE TO CERTIFICATION.—If the Secretary of 
Defense is unable to make the certifications referred to in 
subparagraph (D) within 60 days after the date of the enact-
ment of this subparagraph, the Secretary shall submit to the 
Congress a report stating that the Secretary is unable to make 
such certifications and setting forth the actions that the Sec-
retary will take in order to enable the Secretary to make 
such certifications after the end of that period.". 
SEC. 1005. CLARIFICATION OF SCOPE OF AUTHORIZATIONS. 
No funds are authorized to be appropriated under this Act 
for the Federal Bureau of Investigation. 
10 use 114 note. SEC. 1006. INCORPORATION OF CLASSIFIED ANNEX. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the Committee of Conference to accompany the conference 
report on the bill H.R. 5006 of the One Hundred Second Congress 
and transmitted to the President is hereby incorporated into this 
Act. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2483 
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—-The 
amounts specified in the Classified Annex are not in addition to 
amounts authorized to be appropriated by other provisions of this 
Act. 
(c) LIMITATION ON USE OF FUNDS.—^Funds appropriated pursu-
ant to an authorization contained in this Act that are made avail-
able for a program, project, or activity referred to in the Classified 
Annex may only be expended for sucn program, project, or activity 
in accordance with such terms, conditions, limitations, restrictions, 
and requirements as are set out for that program, project, or activity 
in the Classified Annex. 
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall President, 
provide for appropriate distribution of the Classified Annex, or 
of appropriate portions of the annex, within the executive branch 
of the Government. 
Subtitle B—^Naval Vessels and Related Matters 
SEC. 1011. EAST COAST HOMEPORT FOR NUCLEAR-POWERED AIR-
CRAFT CARRIERS. 
(a) FINDINGS.—Congress finds that— 
(1) Mayport, Florida, has served well as a homeport for 
aircraft carriers; 
(2) under existing carrier force structure plans, as conven-
tionally fueled aircraft carriers are replaced by nuclear-powered 
aircraft carriers, there will be a requirement for a second East 
Coast homeport for nuclear-powered aircraft carriers (in addi-
tion to the existing homeport of Norfolk, Virginia); and 
(3) Mayport ought to be the second East Coast homeport 
for nuclear-powered aircraft carriers, when such additional 
homeport becomes needed. 
(b) DEVELOPMENT OF SECOND HOMEPORT.—Not later than April Reports. 
1, 1993, the Secretary of the Navy shall submit to the congressional 
defense committees a report on the Navy's plan for developing 
a second East Coast homeport for nuclear-powered aircraft earners. 
The report shall include a schedule, by fiscal year, for funding 
the development of a second homeport for nuclear-powered aircraft 
carriers on the East Coast of the United States. The schedule 
shall be consistent with the Navjr's plan to retire conventionally 
fueled aircraft carriers and to deploy nuclear-powered aircraft 
carriers. 
SEC. 1012. LIMITATION ON OVERSEAS SHIP REPAIRS. 
Section 7309 of title 10, United Stetes Code, is amended by 
adding at the end the following new subsection: 
"(e) In the case of a naval vessel the homeport of which is 
not in the United States (or a territory of the United States), 
the Secretary of the Navy may not during the 15-month period 
preceding the planned reassignment of the vessel to a homeport 
m the United Stetes (or a territory of the United States) begin 
any work for the overhaul, repair, or maintenance of the vessel 
that is scheduled to be ibr a period of more than six months.". 
SEC. 1013. NAVY MINE COUNTERMEASURB PROGRAM. 
(a) EVALUATION.—(1) Not later than December 15, 1992, the Reports. 
Secretary of the Navy shall submit to the congressional defense 
committees and the Comptroller General of the United States a 
deteiled report on actions and plans of the Navy for consolidation 
106 STAT. 2484 
PUBLIC LAW 102-484—OCT. 23, 1992 
and centralization of control over forces assigned to the mine 
countermeasure mission. The report shall evaluate all facets of 
the mine countermeasure mission, including— 
(A) proposed location of vessels, helicopters, and explosive 
ordnance detachment units; 
(B) proposed command structure; 
(C) proposed training policies; and 
(D) proposed vessel procurement policies. 
(2) The Comptroller General shall evaluate the report submitted 
under paragraph (1) and, not later than 30 days after the date 
of the submittal of the report, submit to the congressional defense 
committees an evaluation of the report. 
(b) EVALUATION OF HOMEPORTS FOR MINE COUNTERMEASURE 
PROGRAM.—^The report imder subsection (aXl) shall include a 
detailed evaluation and analvsis of the use of Ingleside, Texas, 
as the planned homeport for all mine warfare ships, and a compari-
son of various alternative homeports for mine wanare ships (includ-
ing an evaluation of the use of bases on the Atlantic Coast and 
the Pacific Coast as homeports for such ships). 
(c) SUSPENSION OF CERTAIN ACTIVITIES PENDING RECEIPT OF 
REPORT.—^The Secretary of the Navy may not take any action 
to relocate the functions and personnel of the Mine Warfare Com-
mand, the Fleet Mine Warfare School, the Mine Warfare Training 
Center, or any mine coimtermeasure helicopter squadron until 60 
days after the later o
f
— 
(1) the date of the submittal of the report required under 
subsection (aXl); or 
(2) February 16,1993. 
SEC. 1014. TRANSFER OF CERTAIN VESSELS. 
(a) TRANSFERS OF VESSELS TO BE USED AS TRAINING VESSELS.— 
The Secretary of the Navy shall transfer to the Department of 
Transportation the following vessels, to be assigned as training 
ships to Texas A&M UniversiW at Galveston, Texas, and to the 
Maine Maritime Academy at Castine, Maine, when those vessels 
are no longer required for use by the Navy: 
(1) The U.S.N.S. Chauvenet (T-AG^29). 
(2) The U.S.N.S. Harkness (T-AG^2). 
(b) TRANSFER OF VESSEL FOR EDUCATION AND ENVIRONMENTAL 
PURPOSES.—(1) Notwithstanding subsection (c) of section 7308 of 
title 10, United States Code, but subject to subsections (a) and 
(b) of that section, the Secretary of the Navy or the Secretary 
of Tlransportation (depending on which Secretary has jurisdiction 
over the vessel) may transfer the obsolete vessel Wahkiakum 
County (LST 1162) to the organization known as Ships for Youth 
and the Environment, a nonprofit corporation operating under the 
laws of the State of California, to be used for education and environ-
mental purposes. 
(2) The Secretary making the transfer under paragraph (1) 
may require such terms and conditions in connection with the 
transfer as the Secretary considers appropriate. 
SEC. 1015. REPORT ON COMPLIANCE WITH DOMESTIC SHIP REPAIR 
LAW. 
(a) REPORT REQUIRED.—^The Secretary of the Navy shall submit 
to Congress a report describing the practice of the Department 
of the Navy in complying with section 7309 of title 10, United 
States Code, relating to restrictions on construction or repair of 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2485 
vessels in foreign shipyards. The Secretary shall include in such 
report sufficient data to demonstrate the degree of compliance or 
noncompliance of the Department of the Navy with that section, 
(b) DEADLINE FOR REPORT.—^The report required by subsection 
(a) shall be submitted not later than 90 days after the date of 
the enactment of this Act. 
SEC. 1016. REPEAL OF REQUIREMENT FOR CONSTRUCTION OF 
COMBATANT AND ESCORT VESSELS IN NAVY YARDS. 
(a) REPEAL.—Subsection (a) of section 7299a of title 10, United 
States Code, is repealed. 
(b) CLERICAL AMENDMENTS.—<1) Subsections (b), (c), and (d) 
of section 7299a of title 10, United States Code, are redesignated 
as subsections (a), (b), and (c), respectively. 
(2) Paragraph (2) of subsection (c) of such section, as so redesig-
nated, is amended by striking out "subsection (b)" and inserting 
in lieu thereof "subsection (a)". 
Subtitle C—Fast Sealift Program 
SEC. 1021. PROCUREMENT OF SHIPS FOR THE FAST SEALIFT PRO- 10 USC 7291 
GRAM. 
note. 
(a) ACQUISITION AND CONVERSION OF U.S. BUILT VESSELS.— 
Notwithstanding any other provision of law, the Secretary of the 
Navy may use funds available for the Fast Sealift Program— 
(1) to acquire vessels for the program from among available 
vessels built in United States shipyards; and 
(2) to convert in United States shipyards vessels built 
in United States shipyards. 
(b) ACQUISITION OF FIVE FOREIGN-BUILT VESSELS.—Notwith-
standing any other provision of law, funds available for the Fast 
Sealift Program may be used for the acquisition of five vessels 
built in foreign shipyards and for conversion of those vessels in 
United States shipyards if the Secretary of the Navy determines 
that acquisition oi those vessels is necessary to expedite the avail-
ability of vessels for sealift. 
SEC. 1022. MODIFICATION OF FAST SEAUFT PROGRAM. 
10 USC 7291 
Section 1424(b) of Public Law 101-510 (104 Stat. 1683), as "°*® 
amended by section 1015 of Public Law 102-190 (105 Stat. 1458), 
is amended by striking out paragraph (4) and inserting in lieu 
thereof the following new paragraphs: 
"(4) The vessels constructed under the program shall incor-
porate propulsion systems whose main components (that is, 
the engines, reduction gears, and propellers) are manufactured 
in the United States. 
"(5) The vessels constructed under the program shall incor-
porate bridge and machinery control systems and interior 
communications equipment which— 
"(A) are manufactured in the United States; and 
"(B) have more than half of their value, in terms of 
cost, added in the United States. 
"(6) The Secretary of Defense may waive the requirement 
of paragraph (5) with respect to a system or equipment 
described in that paragraph if— 
"(A) the system or equipment is not available; or 
106 STAT. 2486 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(B) the costs of compliance would be unreasonable 
compared to the costs of purchase from a foreign 
manufacturer.". 
SEC. 1023. REPORT ON OBUGATIONS FOR STRATEGIC SEALIFT. 
(a) REPORT.—^The Secretary of Defense shall submit to the 
Congress a report on the specific purposes for which the Secretary 
intends to obligate during fiscal year 1993 the funds available 
for the procurement of strategic sealift. The information in the 
report shall be presented by program, project, and activity. 
(b) LIMITATION.—Funds appropriated to the Navy for procure-
ment for shipbuilding and conversion and available for strategic 
sealift may not be obligated during fiscal year 1993 until 30 days 
after the date on which the Secretary of Defense submits tne 
report required by subsection (a). 
SEC. 1024. NATIONAL DEFENSE SEALIFT FUND. 
(a) ESTABLISHMENT AND USE OF FUND.—(1) Chapter 131 of 
title 10, United States Code, is amended by adding at the end 
the following new section: 
''§ 2218. National Defense Sealift Fund 
"(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States a fund to be known as the 'National Defense 
Sealift Fund'. 
"(b) ADMINISTRATION OF FUND.—The Secretary of Defense shall 
administer the Fund consistent with the provisions of this section. 
"(c) FUND PURPOSES.—(1) Funds in the National Defense Sealift 
Fund shall be available for obligation and expenditure only for— 
"(A) construction (including design of vessels), purchase, 
alteration, and conversion of Department of Defense sealift 
vessels; 
"(B) operation, maintenance, and lease or charter of Depart-
ment of Defense vessels for national defense purposes; 
"(C) installation and maintenance of defense features for 
national defense purposes on privately owned and operated 
vessels that are constructed in the United States and docu-
mented under the laws of the United States; and 
"(D) research and development relating to national defense 
sealift. 
"(2) Funds in the National Defense Sealift Fund may be obli-
gated or expended only for programs, projects, and activities and 
only in amounts authorized in, or otherwise permitted under, an 
Act other than an appropriations Act. 
"(3) Funds obligated and expended for a purpose set forth 
in subparagraph (B) or (D) of paragraph (1) may be derived only 
from funds deposited in the National Defense Sealift Fund pursuant 
to subsection (d)(1). 
"(d) DEPOSITS.—There shall be deposited in the Fund the 
following: 
"(1) All funds appropriated to the Department of Defense 
for fiscal years after fiscal year 1993 for— 
"(A) construction (including design of vessels), pur-
chase, alteration, and conversion of national defense sealift 
vessels; 
"(B) operations, maintenance, and lease or charter of 
national defense sealift vessels; 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2487 
''(C) installation and maintenance of defense features 
for national defense purposes on privately owned and oper-
ated vessels; and 
"(D) research and development relating to national 
defense sealift. 
"(2) All receipts from the disposition of national defense 
sealift vessels, excluding receipts from the sale, exchange, or 
scrapping of National Defense Reserve Fleet vessels under sec-
tions 508 and 510 of the Merchant Marine Act of 1936 (46 
U.S.C. App. 1158,1160), shall be deposited in the Fund. 
"(3) ^ 1 receipts from the charter of vessels under section 
1424(c) of the National Defense Authorization Act for Fiscal 
Year 1991 (10 U.S.C. 7291 note). 
"(e) ACCEPTANCE OF SUPPORT.—<1) The Secretary of Defense 
may accept from any person, foreign government, or international 
organization any contribution of money, personal property (exclud-
ing vessels), or assistance in kind for support of the sealift functions 
of the Department of Defense. 
"(2) Any contribution of property accepted under paragraph 
(1) may be retained and used by the Department of Defense or 
disposed of in accordance with procedures prescribed by the Sec-
retary of Defense. 
"(3) The Secretary of Defense shall deposit in the Fund money 
and receipts from the disposition of any property accepted under 
paragraph (1). 
"(f) LIMITATIONS.—(1) Not more than a total of five vessels 
built in foreign ship yards may be purchased with funds in the 
National Defense Sealift Fund pursuant to subsection (c)(1). 
"(2) Construction, alteration, or conversion of vessels with funds 
in the National Defense Sealift Fund pursuant to subsection (c)(1) 
shall be conducted in United States ship yards and shall be subject 
to section 1424(b) of Public Law 101-510 (104 Stat. 1683). 
"(g) EXPIRATION OF FUNDS AFTER 5 YEARS.—No part of an 
appropriation that is deposited in the National Defense Sealift 
Fund pursuant to subsection (dXD shall remain available for obliga-
tion more than five years after the end of fiscal year for which 
appropriated except to the extent specifically provided by law. 
"(h) BUDGET REQUESTS.—Budget requests submitted to Con-
gress for the National Defense Sealift Fund shall separately 
identify— 
"(1) the amount requested for programs, projects, and 
activities for construction (including design of vessels), pur-
chase, alteration, and conversion of national defense sealift 
vessels; 
"(2) the amount requested for programs, projects, and 
activities for operation, maintenance, and lease or charter of 
national defense sealift vessels; 
"(3) the amount requested for programs, projects, and 
activities for installation and maintenance of defense features 
for national defense purposes on privately owned and operated 
vessels that are constructed in the United States and docu-
mented under the laws of the United States; and 
"(4) the amount requested for programs, projects, and 
activities for research and development relating to national 
defense sealift. 
"(i) TITLE OR MANAGEMENT OF VESSELS.—Nothing in this sec-
tion shall be construed to affect or modify title to, management 
106 STAT. 2488 
PUBLIC LAW 102-484—OCT. 23, 1992 
of, or funding responsibilities for, any vessel of the National Defense 
Reserve Fleet, or assigned to the liteady Reserve Force component 
of the National Defense Reserve Fleet, as established by section 
11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744). 
*
*
C
j
) AUTHORITY FOR CERTAIN USE OF FUNDS.—Upon a deter-
mination by the Secretary of Defense that such action serves the 
national defense interest and after consultation with the Commit-
tees on Armed Services and on Appropriations of the Senate and 
the House of Representatives, the Secretary may use funds available 
for obligation or expenditure for a purpose specified under sub-
section (cXD (A), (B), (C), and (D) for any purpose under subsection 
(cXl). 
"(k) DEFINITIONS.—In this section: 
"(1) The term 'Fund' means the National Defense Sealift 
Fund established by subsection (a). 
"(2) The term Department of Defense sealift vessel' means 
any ship owned, operated, controlled, or chartered by the 
Department of Defense that is— 
"(A) a fast sealift ship, including any vessel in the 
Fast Sealift Program established under section 1424 of 
Public Law 101-510 (104 Stat. 1683); 
''(B) a maritime propositioning ship; 
"(C) an afloat propositioning snip; 
"(D) an aviation maintenance support ship; or 
"(E) a hospital ship. 
"(3) Tlie term national defense sealift vessel' means— 
"(A) a Department of Defense sealift vessel; and 
"(B) a national defense reserve fleet vessel, including 
a vessel in the Ready Reserve Force maintained under 
section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744).". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2218. National Defense Sealift Fund.". 
(b) TRANSFER AUTHORITY.—(1) Subject to paragraph (2), and 
to the extent provided in appropriations Acts, the Secretary of 
Defense may transfer to the National Defense Sealift Fiind for 
construction (including design of vessels), purchase, alteration, and 
conversion of Department of Defense sealift vessels not to exceed 
$1,875,100,000 from imobligated balances of appropriations made 
to the Navy for fiscal vears 1990, 1991, and 1992 for shipbuilding 
and conversion. Navy, for sealift. 
(2) Funds transferred to the National Defense Sealift Fund 
pursuant to paragraph (1) shall remain available for the same 
period for which the transferred fimds were originally appropriated. 
(c) AUTHORIZATION FOR FISCAL YEAR 1993.—^There is authorized 
to be appropriated to the National Defense Sealift Fund for fiscal 
year 1993 $613,200,000 for construction (including design of ves-
sels), purchase, alteration, and conversion of nationm defense sealift 
vessels or for installation and maintenance of defense features 
necessary for the national defense for national defense purposes 
on privately owned and operated vessels that are constructed in 
the United States and documented imder the laws of the United 
States. 
(d) FISCAL YEAR 1993 LIMITATION.—Not more than $10,000,000 
in the National Defense Sealift Fimd may be obligated during 
fiscal year 1993 imtil 30 days after the date on which the Secretary 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2489 
of Defense submits to Congress a report on the specific purposes 
for which funds made available from such Fund during fiscal year 
1993 are to be used. The information in the report shall be stated 
by program, project, and activity. 
Subtitle D—Defense Maritime Logistical Readiness 
SEC. 1031. REVITALIZATION OF UNITED 
STATES 
SHIPBUILDING 10 USC 7291 
INDUSTRY. 
note. 
(a) IN GENERAL.—^The Secretary of Defense shall require that 
all sealift ships built under the fast sealift program established 
in section 1424 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1683) shall be constructed 
and designed to commercial specifications. 
(b) INTERAGENCY WORKING GROUP TO FORMULATE A PROGRAM President. 
To PRESERVE SHIPYARD INDUSTRIAL BASE.—(1) Not later than Establishment. 
March 1, 1993, the President shall establish an interagency working 
group for the sole purpose of developing and implementing a com-
prehensive plan to enable and ensure that domestic shipyards can 
compete effectively in the international shipbuilding market. 
(2) The worlang group shall include representatives from all 
appropriate agencies, including the Department of Defense, the 
Department of State, the Department of Commerce, the Department 
of Transportation, the Department of Labor, the Office of the United 
States Trade Representative, and the Maritime Administration. 
(3) The President shall submit to Congress the comprehensive 
plan developed by the working group not later than October 1, 
1993. 
(c) REPORT ON SHIP DUMPING PRACTICES.—The Secretary of 
Transportation shall prepare a report on the countries that provide 
subsidies for the construction or repair of vessels in foreign ship-
yards or that engage in ship dumping practices. 
(d) REPORT ON DEFENSE CONTRACTS.—The Secretary of Defense 
shall prepare a report on— 
(1) the amount of Department of Defense contracts that 
were awarded to companies physically located or headquartered 
in the countries identified in the Secretary of Transportation's 
report under subsection (d) for the most recent year for which 
data is available; and 
(2) the effect on defense programs of a prohibition of award-
ing contracts to comi)anies physically located or headquartered 
in the countries identified in the Secretary of Transportation's 
report under subsection (d). 
(e) REPORT ON ADEQUACY OF UNITED STATES SHIPBUILDING 
INDUSTRY.—^The Secretary of Defense shall prepare a report on— 
(1) the adequacy of United States shipbuilding industry 
to meet military requirements, including sealift, during the 
period of 1994 through 1999; and 
(2) the causes of any inadequacy identified and actions 
that could be taken to correct such inaaequacies. 
(f) SUBMISSION OF REPORTS.—^The reports under subsections 
(c), (d), and (e) shall be submitted to Congress with the President's 
budget for fiscal year 1994. 
(g) PENALTY FOR FAILURE TO COMPLY.—(1) Except as provided 
in paragraph (2), if the President fails to submit to Congress a 
comprehensive plan as required by subsection (b) by October 1, 
1993, no funds appropriated to the Department of Defense for 
106 STAT. 2490 
PUBLIC LAW 102-484—OCT. 23, 1992 
fiscal year 1994 may be used to enter into a contract for the 
construction, repair, or purchase of any product or service with 
any company that has headquarters in any coimtry that continues 
to provide a subsidy to a foreign shipyard for the construction 
or repair of vessels or that engages in ship dumping practices. 
(2) Paragraph (1) shall not apply if the President— 
(A) notifies Congress that he is unable to submit the plan 
by the time required under subsection (c); and 
(B) includes with the notice a brief explanation of the 
reasons for the delay and a statement that the plan will be 
submitted by April 15,1994. 
(h) DEFINITIONS.—For purposes of subsection (c): 
(1) The term "foreign shipyard" includes a ship construction 
or repair facility located in a foreign country that is directly 
or indirectly owned, controlled, managed, or financed by a 
foreign shipyard that receives or benefits from a subsidy. 
(2) The term "subsidy" includes any of the following: 
(A) Officially supported export credits and development 
assistance. 
(B) Direct official operating support to the commercial 
shipbuilding and repair industry, or to a related entity 
that favors the operation of shipbuilding and repair, 
including— 
(i) grants; 
(ii) loans and loan guarantees other than those 
available on the commercial market; 
(iii) forgiveness of debt; 
(iv) equity infusions on terms inconsistent with 
commercially reasonable investment practices; 
(v) preferential provision of goods and services; 
and 
(vi) public sector ownership of commercial ship-
yards on terms inconsistent with commercially reason-
able investment practices. 
(C) Direct official support for investment in the 
commercial shipbuilding and repair industry, or to a related 
entity that favors the operation of shipbuilding and repair, 
including the kinds of support listed in clauses (i) through 
(v) of subparagraph (B), and any restructuring support, 
except public support for social purposes directly and effec-
tively linked to snipyard closures. 
(D) Assistance in the form of grants, preferential loans, 
preferential tax treatment, or otherwise, that benefits or 
is directly related to shipbuilding and repair for purposes 
of research and development that is not equally open to 
domestic and foreign enterprises. 
(E) Tax policies and practices that favor the shipbuild-
ing and repair industry, directly or indirectly, such as 
tax credits, deductions, exemptions and preferences, includ-
ing accelerated depreciation, if the benefits are not gen-
erally available to persons or firms not engaged in snip-
building or repair. 
(F) Any official regulation or practice that authorizes 
or encourages persons or firms engaged in shipbuilding 
or repair to enter into anticompetitive arrangements. 
(G) Any indirect support directly related, in law or 
in fact, to shipbuilding ana repair at national yards, includ-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2491 
ing any public assistance favoring shipowners with an 
indirect enect on shipbuilding or repair activities, and any 
assistance provided to suppliers of significant inputs to 
shipbuilding, which results in benefits to domestic ship-
builders. 
(H) Any export subsidy identified in the Illustrative 
List of Export Subsidies in the Annex to the Agreement 
on Interpretation and Application of Articles VI, XVI, and 
XXIII of the Greneral Agreement on Tariffs and Trade or 
any other export subsidy that may be prohibited as a 
result of the Uruguay Roiuid of trade negotiations. 
(3) The term "vessel" means any self-propelled, sea-going 
vessel— 
(A) of not less than 100 gross tons, as measured under 
the International Convention of Tonnage Measurement of 
Ships, 1969; and 
(B) not exempt from entry under section 441 of the 
Tariff Act of 1930 (19 U.S.C. 1431). 
Subtitle E—Counter-Drug Activities 
SEC. 1041. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES. 
(a) SUPPORT AUTHORIZED.—Subsection (a) of section 1004 of 
the National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 10 U.S.C. 374 note) is amended by striking out 
"and 1993," and inserting in lieu thereof "1993, and 1994,". 
(b) TYPES OF SUPPORT.—Subsection (b) of such section is 
amended— 
(1) by striking out paragraph (6) and inserting in lieu 
thereof the following new paragraph: 
"(6) The detection, monitoring, and communication of the 
movement of— 
"(A) air and sea traffic within 25 miles of and outside 
the geographic boundaries of the United States; and 
"(B) surface traffic outside the geographic boundary 
of the United States and within the United States not 
to exceed 25 miles of the boimdary if the initial detection 
occurred outside of the boundary."; and 
(2) by adding at the end the following new paragraph: 
"(9) The provision of linguist and intelligence analysis 
services.". 
(c) LIMITATION ON COUNTER-DRUG REQUIREMENTS.—(1) Such 
section is further amended— 
(A) by redesignating subsections (c) through (g) as sub-
sections (d) through (h), respectively; and 
(B) by inserting after subsection (b) the following new 
subsection: 
"(c) LIMITATION ON COUNTER-DRUG REQUIREMENTS.—The Sec-
retary of Defense may not limit the requirements for which support 
may be provided under subsection (a) only to critical, emergent, 
or unanticipated requirements.". 
(2) Subsection (g)(2) of such section, as redesignated by para-
graph (1), is amended by striking out "subsection (d)" and inserting 
in lieu thereof "subsection (e)". 
(d) FUNDING OF SUPPORT ACTIVITIES.—(1) Such section is fur-
ther amended by striking out subsection (h), as redesignated by 
subsection (c)(1). 
106 STAT. 2492 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) Of the amount authorized to be appropriated for fiscal 
year 1993 under section 301(14) for operation and maintenance 
with respect to drug interdiction and counter-drug activities, 
$40,000,000 shall be available to the Secretary of Defense for the 
purposes of carr3dng out section 1004 of the National Defense 
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note). 
SEC. 1042. MAINTENANCE AND OPERATION OF EQUIPMENT. 
Section 374(b) of title 10, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by redesignating subparagraphs (B), (C), (D), and 
(E) as subparagraphs (C), (D), (E), and (F), respectively; 
and 
(B) by inserting after subparagraph (A) the following 
new subparagraph: 
"(B) Detection, monitoring, and communication of the move-
ment of surface traffic outside of the geographic boundary of 
the United States and within the United States not to exceed 
25 miles of the boundary if the initial detection occurred outside 
of the boundary."; and 
(2) in paragraph (3), by striking out "paragraph (2)(C)" 
and inserting in lieu thereof "paragraph (2)(D) . 
10 use 124 note. 
SEC. 1043. COUNTER-DRUG DETECTION AND MONITORING SYSTEMS 
PLAN. 
(a) REQUIREMENTS OF DETECTION AND MONITORING SYSTEMS.— 
The Secretary of Defense shall establish requirements for counter-
drug detection and monitoring systems to be used by the Depart-
ment of Defense in the performance of its mission under section 
124(a) of title 10, United States Code, as lead agency of the Federal 
Government for the detection and monitoring of the transit of 
illegal drugs into the United States. Such requirements shall be 
designed— 
(1) to minimize unnecessary redundancy between counter-
drug detection and monitoring systems; 
(2) to grant priority to assets and technologies of the 
Department of Defense that are already in existence or that 
would require little additional development to be available for 
use in the performance of such mission; 
(3) to promote commonality and interoperability between 
counter-drug detection and monitoring systems in a cost-effec-
tive manner; and 
(4) to maximize the potential of using counter-drug detec-
tion and monitoring systems for other defense missions when-
ever practicable. 
(b) EVALUATION OF SYSTEMS.—The Secretary of Defense shall 
identify and evaluate existing and proposed counter-drug detection 
and monitoring systems in light of the requirements established 
under subsection (a). In carrying out such evaluation, the Secretary 
shall— 
(1) assess the capabilities, strengths, and weaknesses of 
counter-drug detection and monitoring systems; and 
(2) determine the optimal and most cost-effective combina-
tion of use of counter-drug detection and monitoring systems 
to carry out activities relating to the reconnaissance, detection, 
and monitoring of drug traffic. 
(c) SYSTEMS PLAN.—^Based on the results of the evaluation 
under subsection (b), the Secretary of Defense shall prepare a 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2493 
plan for the development, acquisition, and use of improved counter-
drug detection and monitoring systems by the Armed Forces. In 
developing the plan, the Secretary shall also make every effort 
to determine which counter-drug detection and monitoring systems 
should be eliminated from the counter-drug program based on the 
results of such evaluation. The plan shall include an estimate 
by the Secretary of the full cost to implement the plan, including 
the cost to develop, procure, operate, and maintain equipment used 
in counter-drug detection and monitoring activities performed under 
the plan and training and personnel costs associated with such 
activities. 
(d) REPORT.—Not later than six months after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the requirements established under subsection 
(a) and the results of the evaluation conducted under subsection 
(b). The report shall include the plan prepared under subsection 
(0. 
(e) LIMITATION ON OBLIGATION OF FUNDS.—(1) Except as pro-
vided in paragraph (2), none of the funds appropriated or otherwise 
made available for the Department of Defense for fiscal year 1993 
pursuant to an authorization of appropriations in this Act may 
be obligated or expended for the procurement or upgrading of a 
counter-drug detection and monitoring system, for research and 
development with respect to such a system, or for the lease or 
rental of such a system until after the date on which the Secretary 
of Defense submits to Congress the report required under subsection 
(d). 
(2) Paragraph (1) shall not prohibit obligations or expenditures 
of funds for— 
(A) any procurement, upgrading, research and develop-
ment, or lease of a counter-drug detection and monitoring sys-
tem that is necessary to carry out the evaluation required 
under subsection (b); or 
(B) the operation and maintenance of counter-drug detec-
tion and monitoring systems used by the Department of Defense 
as of the date of the enactment of this Act. 
(0 DEFINITION.—For purposes of this section, the term "counter-
drug detection and monitoring systems" means land-, air-, and 
sea-based detection and monitoring systems suitable for use by 
the Department of Defense in the performance of its mission— 
(1) under section 124(a) of title 10, United States Code, 
as lead agency of the Federal Government for the detection 
and monitoring of the aerial and maritime transit of illegal 
drugs into the United States; and 
(2) to provide support to law enforcement agencies in the 
detection, monitoring, and communication of the movement 
of traffic at, near, and outside the geographic boundaries of 
the United States. 
SEC. 1044. EXTENSION OF AUTHORITY TO TRANSFER EXCESS PER-
SONAL PROPERTY. 
Section 1208(c) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (PubHc Law 101-189; 10 U.S.C. 372 
note) is amended by striking out "September 30, 1992" and inserting 
in lieu thereof "September 30, 1997". 
106 STAT. 2494 
PUBLIC LAW 102-484—OCT. 23, 1992 
10 use 410 note. 
SEC. 1045. PILOT OUTREACH PROGRAM TO REDUCE DEMAND FOR 
ILLEGAL DRUGS. 
(a) PILOT PROGRAM.—The Secretary of Defense shall conduct 
a pilot outreach program to reduce the demand for illegal drugs. 
The program shall include outreach activities by the active and 
reserve components of the Armed Forces and shall focus primarily 
on youths in general and inner-city youths in particular. 
(b) PAYMENT OF TRAVEL AND LIVING EXPENSES.—The Secretary 
of Defense may provide travel and living allowances to members 
of the Armed Forces who participate in the pilot outreach program 
to permit such members to cany out demand reduction activities 
in areas beyond the vicinity of military installations and National 
Guard facilities. 
(c) FUNDING.—Funds available to the Department of Defense 
for drug interdiction and counter-drug activities may be used for 
carrying out the pilot outreach program described in subsection 
(a). 
(d) DURATION OF PROGRAM.—The pilot outreach program 
described in subsection (a) shall be conducted for a test period 
ending three years after the date of the enactment of this Act. 
(e) REPORT.—Not later than two years after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Congress a report that assesses the effectiveness of the pilot 
outreach program and includes the recommendations of the Sec-
retary regarding the continuation of the program. 
Subtitle F—Technical and Clerical Amendments 
SEC. 1051. REORGANIZATION OF SECTION 101 DEFINITIONS. 
(a) "IN GENERAL.—Section 101 of title 10, United States Code, 
is amended to read as follows: 
«§ 101. DeHnitions 
"(a) IN GENERAL.—^The following definitions apply in this title: 
"(1) The term 'United States', in a geographic sense, means 
the States and the District of Columbia. 
"(2) The term 'Territory (except as provided in section 
101(1) of title 32 for laws relating to the militia, the National 
Guard, the Army National Guard of the United States, and 
the Air National Guard of the United States) means any Terri-
tory organized after August 10, 1956, so long as it remains 
a Territory. 
"(3) The term 'possessions' includes the Virgin Islands, 
Guam, American Samoa, and the Guano Islands, so long as 
they remain possessions, but does not include any Territory 
or Commonwealth. 
"(4) The term 'armed forces' means the Army, Navy, Air 
Force, Marine Corps, and Coast Guard. 
"(5) The term 'uniformed services' means— 
"(A) the armed forces; 
"(B) the commissioned corps of the National Oceanic 
and Atmospheric Administration; and 
"(C) the commissioned corps of the Public Health 
Service. 
"(6) The term 'department', when used with respect to 
a military department, means the executive part of the depart-
ment and all field headquarters, forces, reserve components, 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2495 
installations, activities, and functions under the control or 
supervision of the Secretary of the department. When used 
with respect to the Department of Defense, such term means 
the executive part of the department, including the executive 
parts of the military departments, and all field headquarters, 
forces, reserve components, installations, activities, and func-
tions under the control or supervision of the Secretary of 
Defense, including those of the military departments. 
"(7) The term 'executive part of the department' means 
the executive part of the Department of Defense, Department 
of the Army, Department of the Navy, or Department of the 
Air Force, as the case may be, at the seat of government. 
"(8) The term 'military departments' means the Department 
of the Army, the Department of the Navy, and the Department 
of the Air Force. 
"(9) The term 'Secretary concerned' means— 
"(A) the Secretary of the Army, with respect to matters 
concerning the Army; 
"(B) the Secretary of the Navy, with respect to matters 
concerning the Navy, the Marine Corps, and the Coast 
Guard when it is operating as a service in the Department 
of theNavv; 
"(C) the Secretary of the Air Force, with respect to 
matters concerning the Air Force; and 
"(D) the Secretary of Transportation, with respect to 
matters concerning the Coast Guard when it is not operat-
ing as a service in the Department of the Navy, 
"(10) The term 'service acquisition executive' means the 
civilian official within a military department who is designated 
as the service acquisition executive for purposes of regulations 
and procedures providing for a service acquisition executive 
for that military department. 
"(11) The term 'Defense Agenc/ means an organizational 
entity of the Department of Defense— 
"(A) that is established by the Secretary of Defense 
under section 191 of this title (or xmder the second sentence 
of section 125(d) of this title (as in effect before October 
1, 1986)) to perform a supply or service activity common 
to more than one military department (other than such 
an entity that is designated by the Secretary as a Depart-
ment of Defense Field Activity); or 
"(B) that is designated by the Secretary of Defense 
as a Defense Agency. 
"(12) The term 'Department of Defense Field Activity 
means an organizational entity of the Department of Defense— 
"(A) that is established by the Secretary of Defense 
under section 191 of this title (or imder the second sentence 
of section 125(d) of this title (as in effect before October 
1, 1986)) to perform a supply or service activity common 
to more than one military department; and 
"(B) that is designated by the Secretary of Defense 
as a Department of Defense Field Activity. 
"(13) Tne term 'contingency operation* means a military 
operation that— 
"(A) is designated by the Secretary of Defense as an 
operation in which members of the armed forces are or 
may become involved in military actions, operations, or 
106 STAT. 2496 
PUBLIC LAW 102-484—OCT. 23, 1992 
hostilities against an enemy of the United States or against 
an opposing military force; or 
"(B) results in the call or order to, or retention on, 
active duty of members of the uniformed services under 
section 672(a), 673, 673b, 673c, 688, 3500, or 8500 of this 
title, chapter 15 of this title, or any other provision of 
law during a war or during a national emergency declared 
by the President or Congress. 
"(14) The term 'supplies' includes material, equipment, and 
stores of all kinds. 
"(15) The term 'pay* includes basic pay, special pay, retainer 
pay, incentive pay, retired pay, and equivalent pay, but does 
not include allowances. 
"(b) PERSONNEL GENERALLY.—The following definitions relating 
to military personnel apply in this title: 
"(1) The term 'officer' means a commissioned or warrant 
officer. 
"(2) The term 'commissioned officer' includes a commis-
sioned warrant officer. 
"(3) The term 'warrant officer' means a person who holds 
a commission or warrant in a warrant officer grade. 
"(4) The term 'general officer' means an officer of the Army, 
Air Force, or Marine Corps serving in or having the grade 
of general, lieutenant general, major general, or brigadier 
general. 
"(5) The term 'flag officer' means an officer of the Navy 
or Coast Guard serving in or having the grade of admiral, 
vice admiral, rear admiral, or rear admiral (lower half). 
"(6) The term 'enlisted member' means a person in an 
enlisted grade. 
"(7) The term 'grade' means a step or degree, in a graduated 
scale of office or military rank, that is established and des-
ignated as a grade by law or regulation, 
"(8) The term 'rank' means the order of precedence among 
members of the armed forces. 
"(9) The term 'rating* means the name (such as 'boatswain's 
mate') prescribed for members of an armed force in an occupa-
tional field. The term 'rate' means the name (such as 'chief 
boatswain's mate') prescribed for members in the same rating 
or other category who are in the same grade (such as chief 
petty officer or seaman apprentice). 
"(10) The term 'original', with respect to the appointment 
of a member of the armed forces in a regular or reserve compo-
nent, refers to that member's most recent appointment in that 
component that is neither a promotion nor a demotion. 
"(11) The term 'authorized strength' means the largest 
number of members authorized to be in an armed force, a 
component, a branch, a grade, or any other category of the 
armed forces. 
"(12) The term 'regular', with respect to an enlistment, 
appointment, grade, or office, means enlistment, appointment, 
grade, or office in a regular component of an armed force. 
"(13) The term 'active-duty list' means a single list for 
the Army, Navy, Air Force, or Marine Corps (required to be 
maintained imder section 620 of this title) which contains the 
names of all officers of that armed force, other than officers 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2497 
described in section 641 of this title, who are serving on active 
duty. 
"(14) The term 'medical ofHcer' means an officer of the 
Medical Corps of the Army, an officer of the Medical Corps 
of the Navy, or an officer in the Air Force designated as a 
medical officer. 
"(15) The term 'dental officer' means an officer of the Dental 
Corps of the Army, an officer of the Dental Corps of the Navy, 
or an officer of the Air Force designated as a dental officer. 
"(c) RESERVE COMPONENTS.—The following definitions relating 
to the reserve components apply in this title: 
"(1) The term 'National Guard' means the Army National 
Guard and the Air National Guard. 
"(2) The term 'Army National Guard' means that part 
of the organized militia of the several States and Territories, 
Puerto Rico, and the District of Columbia, active and inactive, 
that— 
"(A) is a land force; 
"(B) is trained, and has its officers appointed, under 
the sixteenth clause of section 8, article I, of the 
Constitution; 
"(C) is organized, armed, and equipped wholly or partly 
at Federal expense; and 
"(D) is federally recognized. 
"(3) The term 'Army National Guard of the United States' 
means the reserve component of the Army all of whose members 
are members of the Army National Guard. 
"(4) The term 'Air National Guard' means that part of 
the organized militia of the several States and Territories, 
Puerto Rico, and the District of Columbia, active and inactive, 
that— 
"(A) is an air force; 
"(B) is trained, and has its officers appointed, under 
the sixteenth clause of section 8, article I, of the 
Constitution; 
"(C) is organized, armed, and equipped wholly or partly 
at Federal expense; and 
"(D) is federally recognized. 
"(5) The term 'Air National Guard of the United States' 
means the reserve component of the Air Force all of whose 
members are members of the Air National Guard. 
"(6) The term 'reserve', with respect to an enlistment, 
appointment, grade, or office, means enlistment, appointment, 
grade, or office held as a Reserve of one of the armed forces. 
"(d) DUTY STATUS.—^The following definitions relating to duty 
status apply in this title: 
"(1) The term 'active duty* means full-time duty in the 
active military service of the United States. Such term includes 
full-time training duty, annual training duty, and attendance, 
while in the active military service, at a school designated 
as a service school by law or by the Secretary of the military 
department concerned. Such term does not include full-time 
National Guard duty. 
"(2) The term 'active duty for a period of more than 30 
days' means active duty under a call or order that does not 
specify a period of 30 days or less. 
106 STAT. 2498 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(3) The term 'active service' means service on active duty 
or full-time National Guard duty. 
"(4) The term 'active status' means the status of a reserve 
commissioned officer, other than a commissioned warrant ofiEi-
cer, who is not in the inactive Army National Guard or inactive 
Air National Guard, on an inactive status list, or in the Retired 
Reserve. 
"(5) The term 'full-time National Guard duty* means train-
ing or other duty, other than inactive duty, performed by a 
member of the Army National Guard of the United States 
or the Air National Guard of the United States in the member's 
status as a member of the National Guard of a State or terri-
tory, the Commonwealth of Puerto Rico, or the District of 
Columbia under section 316, 502, 503, 504, or 505 of title 
32 for which the member is entitled to pay from the United 
States or for which the member has waived pay from the 
United States. 
"(6) The term 'inactive-duty training* means— 
"(A) duty prescribed for Reserves by the Secretary con-
cerned under section 206 of title 37 or any other provision 
of law; and 
"(B) special additional duties authorized for Reserves 
by an authority designated by the Secretary concerned 
and performed by them on a voluntary basis in connection 
with the prescribed training or maintenance activities of 
the units to which they are assigned. 
Such term includes those duties when performed by Reserves 
in their status as members of the National Guard. 
"(e) RULES OF CONSTRUCTION.—In this title— 
"(1) 'shall' is used in an imperative sense; 
"(2) 'may* is used in a permissive sense; 
"(3) 'no person may * * *' means that no person is required, 
authorized, or permitted to do the act prescribed; 
"(4) 'includes' means 'includes but is not limited to'; and 
"(5) 'spouse' means husband or wife, as the case may be. 
"(f) REFERENCE TO TITLE 1 DEFINITIONS.—For other definitions 
applicable to this title, see sections 1 through 5 of title 1.". 
(b) CROSS REFERENCE CORRECTIONS.— 
(1) Section 232(7) of title 18, United States Code, is 
amended— 
(A) by striking out ", but shall not be limited to, mem-
bers of the National Guard, as defined in section 101(9) 
of title 10, United States Code," and inserting in lieu 
thereof "members of the National Guard (as defined in 
section 101 of title 10),"; and 
(B) by striking out ", not included within the definition 
of National Guard as defined by such section 101(9)," and 
inserting in lieu thereof "not included within the National 
Guard (as defined in section 101 of title 10),". 
(2) Section 101(26) of title 37, United States Code, is 
amended by striking out "section 101(47) of title 10," and insert-
ing in lieu thereof "section 101 of title 10,". 
(3) Section 3401(a)(1) of title 39, United States Code, is 
amended by striking out "section 101(4) and (22) of title 10," 
and inserting in lieu thereof "section 101 of title 10,". 
PUBLIC LAW 102-484—OCT. 23,1992 
106 STAT. 2499 
SEC. 1062. MISCELLANEOUS AMENDMENTS TO TITLE 10, UNITED 
STATES CODE. 
Title 10, United States Code, is amended as follows: 
(1) The table of sections at the beginning of subchapter 
II of chapter 21 is amended by inserting "Sec." above "431.". 
(2) Section 571(a) is amended by inserting a period at 
the end of each item in the table. 
(3) Section 574(dX3) is amended by striking out "active 
duty list" and inserting in lieu thereof "active-duty list". 
(4) The heading of section 578 is amended by striking 
out the first semicolon and inserting in lieu thereof a colon. 
(5) Section 581(dX2) is amended by striking out "Board" 
both places it appears and inserting in lieu thereof "board". 
(6) The table of sections at the beginning of chapter 33A 
is amended— 
(A) by inserting "to be" in the item relating to section 
576 after "Information"; and 
(B) by striking out the first semicolon in the item 
relating to section 578 and inserting in lieu thereof a 
colon. 
(7) Section 615 is amended— 
(A) in subsection (bX5), by striking out "subsection 
(b)" and inserting in lieu tiiereof "subsection (c)"; and 
(B) in subsection (d), by striking out "subsection (a)" 
and inserting in lieu thereof "subsection (b)". 
(8) Sections 616(a), 617(a), 618(aXl), and 618(aX2) are each 
amended by striking out "section 615(a)" and inserting in lieu 
thereof "section 615(b)". 
(9) Section 618(b) is amended by striking out "section 
615(b)" in paragraphs (2XA) and (4) and inserting in lieu thereof 
"section 615(c)". 
(10) Section 628(bXl) is amended by striking out "section 
558" and inserting in lieu thereof "section 573". 
(11) Section 945(aXl) is amended by striking out "section 
943(eXlXB) of this title (art. 143(eXlXB))" and inserting in 
lieu 
thereof 
"section 
942(eXlXB) 
of 
this 
title 
(article 
142(eXl)(B))". 
(12) Section 1052(b) is amended by inserting a close paren-
thesis before the period at the end. 
(13) Section 1079(jX2XB) is amended by inserting a close 
parenthesis afl»r "1395x(ddX2)". 
(14) Section 1104 is amended— 
(A) by striking out "section 5011 of title 38" in sub-
sections (a), (b), and (c) and inserting in lieu thereof "section 
8011oftitle38":;and 
(B) by striking out "section 5011A of title 38" in sub-
section (d) and inserting in lieu thereof "section 8011A 
of title 38". 
(15) Section 1174a(cX2) is amended by striking out "the 
date of the enactment of this section" and inserting in lieu 
thereof "December 5,1991". 
(16) Section 1175 is amended— 
(A) in subsection (a), by striking out "Reserve compo-
nent" and inserting in lieu thereof "reserve component"; 
and 
59-194 O—93 
23:QL3(Pt. 3) 
106 STAT. 2500 
PUBLIC LAW 102-484—OCT. 23, 1992 
(B) in subsection(d)(l), by striking out "prior to the 
time this provision is enacted" and inserting in Ueu thereof 
"before December 5,1991". 
(17) Section 1263(a) is amended by striking out "564 note" 
and inserting in Keu thereof "580 note". 
(18) Section 1401(a) is amended by striking out "564" in 
the column in the table under the heading "For sections" and 
inserting in lieu thereof "580". 
(19) Section 
1552(a)(2) is amended by striking 
out 
"announcing a decision not to promote an enlisted member 
to a higher grade" and inserting in lieu thereof "announcing 
the promotion and appointment of an enlisted member to an 
initial or higher grade or the decision not to promote an enlisted 
member to a higher grade". 
(20) Section 1581(b) is amended by striking out "the date 
of the enactment of this section" in paragraphs (1) and (2) 
and inserting in lieu thereof "December 5,1991,". 
(21) Section 1592 is amended by inserting "section" after 
"established under". 
(22) Section 1733(bXl)(BXii) is amended by striking out 
"1736(a)(3)" and inserting in lieu thereof "1737(a)(3)". 
(23) Section 2304(j)(3)(A) is amended by striking out "sec-
tion 8(e) of the Small Business Act (15 U.S.C. 637(e))" and 
inserting in lieu thereof "section 8(d) of the Small Business 
Act (15 U.S.C. 637(d))". 
(24) Section 2307(e) is amended by striking out "(1)" after 
"(e)" and inserting in lieu thereof "(1)". 
(25)(A) Section 2322 is repealed. 
(B) The table of sections at the beginning of chapter 137 
is amended by striking out the item relating to section 2322. 
(26) Section 2324 is amended— 
(A) by striking out subsection (fK5); and 
(B) in subsection (1)— 
(i) by striking out "subsection (e)(2)(C)" in para-
graph (2) and inserting in lieu thereof "paragraph (3)"; 
and 
(ii) by adding at the end the following new 
paragraph: 
"(3) The committees named in this paragraph are— 
"(A) the Committees on Armed Services and on Government 
Operations of the House of Representatives; and 
"(B) the Committees on Armed Services and on Govern-
mental Affairs of the Senate.". 
(27) Section 2372(e)(1) is amended by striking out "on 
the day before" and all that follows through the semicolon 
and inserting in lieu thereof "on December 4, 1991;". 
(28) Section 2391(b)(1)(C) is amended by striking out "pub-
licly-announced" and 
inserting in lieu 
thereof 
"publicly 
announced". 
(29) Section 2397(a)(1) is amended by striking out "that 
contract" and inserting in lieu thereof "that the contract". 
(30)(A) Section 2409(d) is amended to read as follows: 
"(d) COORDINATION WITH SECTION 2409a.—This section does 
not apply in the case of an employee who files a timely complaint 
under section 2409a of this title that meets the requirements of 
regulations promulgated under subsection (c) of that section.". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2501 
(B) The amendment made by subparagraph (A) shall take 
lO USC 2409 
effect as if enacted immediately following the enactment of '^°**' 
PubUc Law 102-25 (105 Stat. 75). 
(31) Section 2411(1XD) is amended by striking out "orga-
nized for" and all that follows through the period and inserting 
in lieu thereof "organized for profit purposes or nonprofit pur-
poses.". 
(32) Section 2503(6) is amended by striking out "section 
2508" and inserting in lieu thereof "section 2522". 
(33) Section 2507(dX3XA) is amended by striking out 
"government-owned" and inserting in lieu thereof "(rovemment-
owned". 
(34) Section 2509(b) is amended— 
(A) in paragraph (1), by striking out "section 2508" 
and inserting in lieu thereof "section 2522"; and 
(B) in paragraph (5)(BXii), by striking out "five-year 
defense program" and inserting in lieu thereof "multiyear 
defense program". 
(35) Section 2701(j) is amended by striking out "the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Years 1992 and 1993" and inserting in lieu thereof 
"December 5,1991,". 
(36) Section 2708 is amended— 
(A) in subsection (bXl)— 
(i) by striking out "all contracts" and inserting 
in lieu thereof "each contract"; and 
(ii) by striking out "all subcontracts under such 
contracts" and inserting in lieu thereof "any sub-
contract under any such contract"; and 
(B) in subsection (d), by striking out "For purposes 
of* and inserting in lieu thereof "In". 
(37) Section 2801(d) is amended by striking out "sections 
2828(g) and 2830" and inserting in lieu thereof "sections 2830 
and 2835". 
(38) Section 2902(bX9) is amended by striking out "non-
voting" and inserting in lieu thereof "nonvoting". 
(39) Section 6325(b) is amended by striking out "section 
602 or 5721" and inserting in lieu thereof "section 602 (as 
in effect before February 1,1992) or section 5721". 
(40) Section 8252 is amended— 
(A) by striking out "(a) Except as provided in subsection 
(b), in" and inserting in lieu thereof "In"; and 
(B) by striking out subsection (b). 
SEC. 1053. AMENDMENTS TO PUBUC LAW 10^190. 
Effective as of December 5, 1991, the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190) is amended as follows: 
(1) Section 232(bX2) (105 Stat. 1321) is amended by insert- 
lO USC 2431 
ing "the" after "United States and". 
"°*«-
(2) Section 234(a) (105 Stat. 1323) is amended by striking 
out "FOLLOW-ON" and inserting in lieu thereof "FOLLOW-ON". 
(3) Section 702(bXlXC) (105 Stat. 1401) is amended by 10 USC 1079. 
striking out "(15)(D)" and inserting in lieu thereof "(15)". 
(4) Section 803(aXl) (105 Stat. 1414) is amended by insert- 10 use 2352. 
ing open quotation marks at the beginning of the unquoted 
106 STAT. 2502 
PUBLIC LAW 102-484—OCT. 23, 1992 
paragraphs (1), (2), and (3) (within the quoted material in 
such section). 
10 use 2301 
(5) Section 806(c) (105 Stat. 1419) is amended by inserting 
"°*®- 
a close parenthesis before the period at the end. 
(6) Section 822(dXl) (105 Stat. 1435) is amended by striking 
out *To the extent provided" and inserting in lieu thereof "Sub-
ject to such limitations as may be provided". 
22 use 2321J 
(7) Section 1049(b) (105 Stat. 1469) is repealed. 
10 use 113 note 
^^^ Section 1063(d)(1) (105 Stat. 1476) is amended by strik-
ing out "of Public Law 101-25" and inserting in lieu thereof 
"of Public Law 102-25". 
10 use 2803. 
(9) Section 2870(2) (105 Stat. 1562) is amended by inserting 
"through" after "and all that follows". 
SEC. 1054. AMENDMENTS TO OTHER LAWS. 
(a) TITLE 37, UNITED STATES CODE.—Title 37, United States 
Code, is amended as follows: 
(1) Section 301b is amended— 
(A) by striking out subsection (j); and 
(B) by redesignating subsection (k) as subsection (j). 
(2) Section 301d(c) is amended— 
(A) in paragraph (2), by striking out "owned" and 
inserting in lieu thereof "owed"; and 
(B) in paragraph (3), by striking out "the date of the 
enactment of the National Defense Authorization Act for 
Fiscal Year 1991" and inserting in lieu thereof "November 
5,1990". 
(3) Section 303a(b) is amended by striking out "301d," 
after "such sections". 
(4) Section 406(g)(1)(A) is amended by inserting a semicolon 
after "title 10". 
(5) Section 406b(d) by striking out "Section 420" and insert-
ing in lieu thereof "Section 421". 
(6) Section 559(cX3XAXi) is amended by striking out "of 
this subparagraph". 
(7) Section 1007(iX3) is amended by striking out "and war-
rant officers" and inserting in lieu thereof ", warrant officers, 
and limited duty officers". 
(b) 1990 BASE CLOSURE ACT.—The Defense Base Closure and 
Realignment Act of 1990 (part A of title XXDC of Public Law 
101-510; 10 U.S.C. 2687 note) is amended— 
(1) in section 2903(cX4)— 
(A) by striking out the first sentence; and 
(B) by striking out "(4)" before "In addition to"; and 
(2) in section 2906, by redesignating the second subsection 
(d) (added by section 2827(aXl) of Public Law 102-190) as 
subsection (e). 
(c) PUBLIC LAW 102-25.—Public Law 102-25 is amended as 
follows: 
5 use 6361 note. 
(1) Section 361(d) (105 Stat. 93) is amended by striking 
out "section 4108(e) of title 38," and inserting in lieu thereof 
"section 7423(e) of title 38,". 
37 use 559. 
(2) Section 702(bX4) (105 Stat. 117) is amended by striking 
out "section 558(c)(3)(A)(i)" and inserting in lieu thereof "section 
559(cX3)(A)(i)". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2503 
(d) MENTOR-PROTEGE PILOT PROGRAM.—Section 831(m) of the 
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 
2301 note) is amended— 
(1) in paragraph (2XC), by striking out "BSTCaXlS)" and 
inserting in lieu thereof "637(aX 15)"; 
(2) by redesignating the second paragraph (6) and para-
graph (7) as paragraphs (7) £uid (8), respectively; and 
(3) in paragraph (8), as so redesignated, by striking out 
"section 46 of title 41, United States Code," and inserting 
in lieu thereof "the first section of the Act of June 25, 1938 
(41 U.S.C. 46; popularly known as the Wagner-O'Day Act'),". 
(e) TITLE 31, UNITED STATES CODE.— 
(1) The items relating to sections 1551 and 1552 in the 
table of sections at the beginning of chapter 15 of title 31, 
United States Code, are amended to read as follows: 
^ 
"1551. Definitions: applicability of subchapter. 
"1552. Procedure for appropriation accounts available for definite periods.". 
(2) The heading of section 1551 of such title is amended 
to read as follows: 
*
*
§ 1551. Definitions; applicability of subchapter^. 
(f) PUBLIC LAW 101-533.—Section 3(cX2) of Public Law 101-
533 (22 U.S.C. 3142) is amended by striking out "section 2368 
of title 10" and inserting in lieu thereof "section 2522 of title 
10". 
(g) TITLE 14, UNITED STATES CODE.—Section 514(b) of title 
14, iJnited States Code, is amended by inserting a close parenthesis 
before the period at the end. 
(h) PuBUC LAW 99-«61.—Section 1408(c) of the Barry (3old-
water Scholarship and Excellence in Education Act (title XIV of 
Public Law 99-661; 20 U.S.C. 4707(c)) is amended bv striking 
out "(except special obhgations issued exclusively to the fund) . 
(i) HOMEOWNERS ASSISTANCE PROGRAM.—Section 1013(aXl) of 
the Demonstration Cities and Metropolitan Development Act of 
1966 (42 U.S.C. 3374(aXl)) is amended by striking out "serviceman" 
and inserting in lieu thereof "member of the Armed Forces of 
the United States". 
SEC. 10S5. COORDINATION WITH OTHER PROVISIONS OF ACT. 
10 USC 101 note. 
For purposes of applying the amendments made by provisions 
of this Act other than sections 1052, 1053, and 1054, those sections 
sh£ill be treated as having been enacted immediately before the 
other provisions of this Act. 
Subtitle G—Amendments to the Uniform Code of Military 
Justice 
SEC. 1061. CHIEF JUDGE OF THE COURT OF MILITARY APPEALS. 
(a) DESIGNATION AND TERM OF SERVICE.—(1) Section 943(a) 
(article 143(a)) of title 10, United States Code, is amended to 
read as follows: 
"(a) CHIEF JUDGE.—(1) The chief judge of the United States 
Court of Military Appeals shall be the judge of the coiut in regular 
active service who is senior in commission among the judges of 
the court who— 
"(A) have served for one or more years as judges of the 
court; and 
106 STAT. 2504 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(B) have not previously served as chief judge. 
"(2) In any case in which there is no judge of the court in 
regular active service who has served as a judge of the court 
for at least one year, the judge of the court in regular active 
service who is senior in commission and has not served previously 
as chief judge shall act as the chief judge. 
"(3) Except as provided in paragraph (4), a judge of the court 
shall serve as the chief judge imder paragraph (1) for a term 
of five years. If no other judge is eligible under paragraph (1) 
to serve as chief judge upon the expiration of that term, the chief 
{
'udge shall continue to serve as chief judge until another judge 
)ecomes eligible under that paragraph to serve as chief judge. 
"(4)(A) The term of a chief judge shall be terminated before 
the end of five years if— 
"(i) the chief judge leaves regular active service as a judge 
of the court; or 
"(ii) the chief judge notifies the other judges of the court 
in writing that such judge desires to be relieved of his duties 
as chief judge. 
"(B) The effective date of a termination of the term under 
subparagraph (A) shall be the date on which the chief judge leaves 
regular active service or the date of the notification under subpara-
graph (A)(ii), as the case may be. 
"(5) If a chief judge is temporarily unable to perform his duties 
as a chief judge, the duties shall be performed by the judge of 
the court in active service who is present, able and qualified to 
act, and is next in precedence.". 
10 use 943 note. 
(b) TRANSITION PROVISIONS.—For purposes of section 943(a) 
(article 943(a)) of title 10, United States Code, as amended by 
subsection (a)— 
(1) the person serving as the chief judge of the United 
States Court of Military Appeals on the date of the enactment 
of this Act shall be deemed to have been designated as the 
chief judge under such section; and 
(2) the five-year term provided in paragraph (3) of such 
section shall be deemed to have begun on the date on which 
such judge was originally designated as the chief judge under 
section 867(a) or 943 of title 10, United States (5ode, as the 
case may be, as that provision of law was in effect on the 
date of the designation. 
SEC, 1062. RETIREMENT OF JUDGES OF THE COURT OF MILITARY 
APPEALS. 
(a) IN GENERAL.—(1) Section 945 (article 145) of title 10, United 
States Code, is amended by adding at the end the following: 
"(i) ELIGIBILITY TO ELECT BETWEEN RETIREMENT SYSTEMS.— 
(1) This subsection applies with respect to any person who— 
"(A) prior to being appointed as a judge of the United 
States Court of Military Appeals, performed civilian service 
of a type making such person subject to the Civil Service 
Retirement System; and 
"(B) would be eligible to make an election under section 
301(a)(2) of the Federal Employees' Retirement System Act 
of 1986, by virtue of being appointed as such a judge, but 
for the fact that such person nas not had a break in service 
of sufficient duration to be considered someone who is being 
reemployed by the Federal Government. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2505 
"(2) Any person with respect to whom this subsection applies 
shall be eligible to make an election under section 301(a)(2) of 
the Federal Employees' Retirement System Act of 1986 to the 
same extent and in the same manner (including subject to the 
condition set forth in section 301(d) of such Act) as if such person's 
appointment 
constituted 
reemployment 
with 
the 
Federal 
Government.". 
(2) The amendment made by paragraph (1) shall apply with 
10 USC 945 note, 
respect to any appointment which takes effect on or after the 
date of the enactment of this Act. 
(b) ADDITIONAL ELECTIONS.—(1) Any individual who is a judge lo use 945 note, 
in active service on the United States Court of Military Appeals 
shall be eligible to make an election under section 301(a)(2) of 
the Federal Employees' Retirement System Act of 1986 if— 
(A) such individual is such a judge on the date of the 
enactment of this Act; and 
(B) as of the date of the election, such individual is— 
(i) subject to the Civil Service Retirement System; or 
(ii) covered by Social Security but not subject to the 
Federal Employees' Retirement System. 
(2) An election under this subsection— 
(A) shall not be effective unless it is— 
(i) made within 30 days after the date of the enactment 
of this Act; and 
(ii) in compliance with the condition set forth in section 
301(d) of the Federal Employees' Retirement System Act 
of 1986; and 
(B) may not be revoked. 
(3) For the purpose of this subsection, a judge of the United 
States Court of Military Appeals shall be considered to be "covered 
by Social Security" if such judge's service is employment for the 
purposes of title II of the Social Security Act and chapter 21 
of the Internal Revenue Code of 1986. 
SEC. 1063. JURISDICTION REGARDING OFFENSES COMMITTED DUR-
ING PERIODS OF PRIOR SERVICE. 
Section 803(a) (article 3(a)) of title 10, United States Code, 
is amended to read as follows: 
"(a) Subject to section 843 of this title (article 43), a person 
who is in a status in which the person is subject to this chapter 
and who committed an offense against this chapter while formerly 
in a status in which the person was subject to this chapter is 
not relieved from amenability to the jurisdiction of this chapter 
for that offense by reason of a termination of that person's former 
status.". 
SEC. 1064. POSTPONEMENT OF CONFINEMENT. 
Section 857 (article 57) of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
"(e)(1) In any case in which a court-martial sentences a person 
referred to in paragraph (2) to confinement, the convening authority 
may postpone the service of the sentence to confinement, without 
the consent of that person, until after the person has been perma-
nently released to the armed forces by a State or foreign country 
referred to in that paragraph. 
"(2) Paragraph (1) applies to a person subject to this chapter 
who— 
106 STAT. 2506 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(A) while in the custody of a State or foreign country 
is temporarily returned by that State or foreign country to 
the armed forces for trial by court-martial; and 
"(B) after the court-martial, is returned to that State or 
foreign country under the authority of a mutual agreement 
or treaty, as the case may be. 
"(3) In this subsection, the term 'State' includes the District 
of Columbia and any commonwealth, territory, or possession of 
the United States.". 
SEC. 1066. SENTENCING AT REHEARINGS. 
Section 863 (article 63) of title 10, United States Code, is 
amended— 
(1) by striking out "imposed" in the second sentence and 
inserting in lieu thereof "approved"; and 
(2) by inserting "approved" in the third sentence after 
"the pretrial agreement, the". 
SEC. 1066. AMENDMENTS TO PUNITIVE ARTICLES. 
(a) STANDARD FOR DRUNKENNESS.—(1) Section 911 (article 111) 
of title 10, United States Code, is amended to read as follows: 
'^§911. Art. 111. Drunken or reckless operation of a vehicle, 
aircraft, or vessel 
"Any person subject to this chapter who— 
"(1) operates or physically controls any vehicle, aircraft, 
or vessel in a reckless or wanton manner or while impaired 
by a substance described in section 912a(b) of this title (article 
112a(b)), or 
"(2) operates or is in actual physical control of any vehicle, 
aircraft, or vessel while drunk or when the alcohol concentration 
in the person's blood or breath is 0.10 grams of alcohol per 
100 milliliters of blood or 0.10 grams of alcohol per 210 liters 
of breath, as shown by chemical analysis, 
shall be punished as a court-martial may direct.". 
(2) The item relating to section 911 (article 111) in the table 
of sections at the beginning of subchapter X of chapter 47 of such 
title is amended to read as follows: 
"911. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel.". 
(b) CLARIFICATION.—Section 918(3) (article 118(3)) of such title 
is amended by striking out "others" and inserting in lieu thereof 
"another". 
(c) REMOVAL OF LIMITATIONS RELATING TO GENDER AND MARI-
TAL RELATIONSHIP.—Section 920(a) (article 120(a)) of such title is 
amended— 
(A) by striking out "with a female not his wife"; and 
(B) by striking out "her". 
10 use 803 note. 
SEC. 1067. EFFECTIVE DATE. 
The amendments made by sections 1063, 1064, 1065, and 1066 
shall take effect on the date of the enactment of this Act and 
shall apply with respect to offenses committed on or after that 
date. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2507 
Subtitle H—Other Matters 
SEC. 1071. USE OF AIRCRAFT ACCIDENT INVESTIGATION REPORTS. 
(a) TREATMENT OF REPORTS OF AIRCRAFT ACCIDENT INVESTIGA-
TIONS.—(1) Subchapter II of chapter 134 of title 10, United States 
Code, is amended by adding at the end the following new section: 
^§ 2254. Treatment of reports of aircraft accident investiga-
tions 
"(a) IN GENERAL.—(1) Whenever the Secretary of a military 
department conducts an accident investigation of an accident involv-
ing an aircrsift imder the jurisdiction of the Secretary, the records 
and report of the investigations shall be treated in accordance 
with this section. 
"(2) For purposes of this section, an accident investigation is 
any form of investigation of an aircraft accident other than an 
investigation (known as a 'safety investigation') that is conducted 
solely to determine the cause of the accident and to obtain informa-
tion that may prevent the occurrence of similar accidents. 
"(b) PUBLIC DISCLOSURE OF CERTAIN ACCIDENT INVESTIGATION 
INFORMATION.—(1) The Secretary concerned, upon request, shall 
publicly disclose imclassified tapes, scientific reports, and other 
factual information pertinent to an aircraft accident investigation, 
before the release of the final accident investigation report relating 
to the accident, if the Secretary concerned determines— 
"(A) that such tapes, reports, or other information would 
be included within and releasable with the final accident inves-
tigation report; and 
"(B) that 
release of such tapes, reports, or other 
information— 
"(i) would not imdermine the ability of accident or 
safety investigators to continue to conduct the investiga-
tion; and 
"(ii) would not compromise national security. 
"(2) A disclosure under paragraph (1) may not be made by 
or through officials with responsibility for, or who are conducting, 
a safety investigation with respect to the accident. 
"(c) OPINIONS REGARDING CAUSATION OF ACCIDENT.—Following 
a military aircraft accident— 
"(1) if the evidence surroimding the accident is sufficient 
for the investigators who conduct the accident investigation 
to come to an opinion (or opinions) as to the cause or causes 
of the accident, the final report of the accident investigation 
shall set forth the opinion (or opinions) of the investigators 
as to the cause or causes of the accident; and 
"(2) if the evidence surroimding the accident is not suffi-
cient for those investigators to come to an opinion as to the 
cause or causes of the accident, the final report of the accident 
investigation shall include a description of those factors, if 
any, that, in the opinion of the investigators, substantially 
contributed to or caused the accident. 
"(d) USE OF INFORMATION IN CIVIL PROCEEDINGS.—For purposes 
of any civil or criminal proceeding arising from an aircraft accident, 
any opinion of the accident investigators as to the cause of, or 
the factors contributing to, the accident set forth in the accident 
investigation report may not be considered as evidence in such 
proceeding, nor may such information be considered an admission 
note. 
note. 
106 STAT. 2508 
PUBLIC LAW 102-484—OCT. 23, 1992 
of liability by the United States or by any person referred to 
in those conclusions or statements. 
"(e) REGULATIONS.—^The Secretary of each military department 
shall prescribe regulations to carry out this section.". 
(2) The table of sections at the beginning of such subchapter 
is amended by adding at the end the following new item: 
"2254. Treatment of reports of aircraft accident investigations.". 
10^USC2254 
(b) DEADLINE FOR REGULATIONS.—Regulations under section 
2254 of title 10, United States Code, as added by subsection (a), 
shall be prescribed not later than 180 days after the date of the 
enactment of this Act. 
10 use 2254 
(c) EFFECTIVE DATE.—Section 2254 of title 10, United States 
Code, as added by subsection (a), shall apply with respect to 
accidents occurring on or after the date on which regulations are 
first prescribed under that section. 
10 use 113 note. SEC. 1072. SURVIVOR NOTIFICATION AND ACCESS TO REPORTS RELAT-
ING TO SERVICE MEMBERS WHO DIE. 
(a) AVAILABILITY OF FATALITY REPORTS AND RECORDS.— 
(1) REQUIREMENT.—^The Secretary of each military depart-
ment shall ensure that fatality reports and records pertaining 
to any member of the Armed Forces who dies in the line 
of duty shall be made available to family members of the 
service member in accordance with this subsection. 
(2) INFORMATION TO BE PROVIDED AFTER NOTIFICATION OF 
DEATH.—^Within a reasonable period of time after family mem-
bers of a service member are notified of the member's death, 
but not more than 30 days aft«r the date of notification, the 
Secretary concerned shall ensure that the family members— 
(A) in any case in which the cause or circumstances 
surrounding the death 
are under 
investigation, 
are 
informed of that fact, of the names of the agencies within 
the Department of Defense conducting the investigations, 
and of the existence of any reports by such agencies that 
have been or will be issued as a result of the investigations; 
and 
(B) are furnished, if the family members so desire, 
a copy of any completed investigative report and any other 
completed fatality reports that are available at the time 
family members are provided the information described 
in subparagraph (A) to the extent such reports may be 
furnished consistent with sections 552 and 552a of title 
5, United States Code. 
(3) ASSISTANCE IN OBTAINING REPORTS.—(A) In any case 
in which an investigative report or other fatality reports are 
not available at the time family members of a service member 
are provided the information described in paragraph (2)(A) 
about the member's death, the Secretary concerned shall ensure 
that a copy of such investigative report and any other fatality 
reports are furnished to the family members, if they so desire, 
when the reports are completed and become available, to the 
. extent such reports may be furnished consistent with sections 
552 and 552a of title 5, United States Code. 
(B) In any case in which an investigative report or other 
fatality reports cannot be released at the time family members 
of a service memh^er are provided the information described 
in paragraph (2)(A) about the member's death because of section 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2509 
552 or 552a of title 5, United States Code, the Secretary con-
cerned shall ensure that the family members— 
(i) are informed about the requirements and procedures 
necessary to request a copy of such reports; and 
(ii) are assisted, if the family members so desire, in 
submitting a request in accordance with such requirements 
and procedures. 
(C) The requirement of subparagraph (B) to inform and 
assist family members in obtaining copies of fatality reports 
shall continue until a copy of each report is obtained, or access 
to any such report is denied by competent authority within 
the Department of Defense. 
(4) WAIVER.—^The requirements of paragraph (2) or (3) 
may be waived on a case-by-case basis, but only if the Secretary 
of the military department concerned determines that compli-
ance with such requirements is not in the interests of national 
security, 
(b) REVIEW OF COMBAT FATALITY NOTIFICATION PROCEDURES.— 
(1) REVIEW.—^The Secretary of Defense shall conduct a 
review of the fatality notification procedures used by the mili-
tary departments. Such review shall examine the following 
matters: 
(A) Whether uniformity in combat fatality notification 
procedures among the military departments is desirable, 
particularly with respect to— 
(i) the use of one or two casualty notification and 
assistance officers; 
(ii) the use of standardized fatality report forms 
and witness statements; 
(iii) the use of a single center for all military 
departments through which combat fatality informa-
tion may be processed; and 
(iv) the use of uniform procedures and the provi-
sion of a dispute resolution process for instances in 
which members of one of the Armed Forces inflict 
casualties on members of another of the Armed Forces. 
(B) Whether existing combat fatality report forms 
should be modified to include a block or blocks with which 
to identify the cause of death as "friendly fire", "U.S. ord-
nance", or "unknown". 
(C) Whether the existing "Emergency Data" form pre-
pared by members of the Armed Forces should be revised 
to allow members to specify provision for notification of 
additional family members in cases such as the case of 
a divorced service member who leaves children with both 
a current and a former spouse. 
(D) Whether the military departments should, in all 
cases, provide family members of a service member who 
died as a result of injuries sustained in combat with full 
and complete details of the death of the service member, 
regardless of whether such details may be graphic, 
embarrassing to the family members, or reflect negatively 
on the military department concerned. 
(E) Whether, and when, the military departments 
should inform famihr members of a service member who 
died as a result of injuries sustained in combat about 
106 STAT. 2510 
PUBLIC LAW 102-484—OCT. 23, 1992 
the possibility that the death may have been the result 
of friendly fire. 
(F) The criteria and standards which the military 
depiartments should use in deciding when disclosure is 
appropriate to family members of a member of the military 
forces of an allied nation who died as a result of injuries 
sustained in combat when the death may have been the 
result of fire fi'om United States armed forces and an 
investigation into the cause or circumstances of the death 
has been conducted. 
(2) REPORT.—^The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives a report on the review conducted under para-
graph (1). Such report shall be submitted not later than March 
31, 1993, and shall include recommendations on the matters 
examined in the review and on any other matters the Secretary 
determines to be appropriate based upon the review or on 
any other reviews undertaken by the Department of Defense. 
(c) DEFINITIONS.—In this section: 
(1) The term "fatality reports" includes investigative reports 
and any other reports pertaining to the cause or circumstances 
of death of a member of the Armed Forces in the line of 
duty (such as autopsy reports, battlefield reports, and medical 
reports). 
(2) The term "family members" means parents, spouses, 
adult children, and such other relatives as the Secretary con-
cerned considers appropriate. 
(d) APPLICABILITY.—(1) Except as provided in paragraph (2), 
this section applies with respect to deaths of members of the Armed 
Forces occurring after the date of the enactment of this Act. 
(2) With respect to deaths of members of the Armed Forces 
occurring before the date of the enactment of this Act, the Secretary 
concerned shall provide fatality reports to family members upon 
request as promptly as practicable. 
SEC. 1073. ADMISSION OF CIVILIANS AS STUDENTS AT THE UNITED 
STATES NAVAL POSTGRADUATE SCHOOL. 
(a) CIVILIAN ATTENDANCE.—Chapter 605 of title 10, United 
States Code, is amended— 
(1) by redesignating section 7047 as section 7048; and 
(2) by inserting after section 7046 the following new section: 
^§ 7047. Students at institutions of higher education: admis-
sion 
"(a) ADMISSION PURSUANT TO RECIPROCAL AGREEMENT.—The 
Secretary of the Navy may enter into an agreement with an accred-
ited institution of higher education to permit a student described 
in subsection (b) enrolled at that institution to receive instruction 
at the Naval Postgraduate School on a tuition-free basis. In 
exchange for the admission of the student, the institution of higher 
education shall be required to permit an officer of the armed forces 
to attend on a tuition-free basis courses offered by that institution 
corresponding in length to the instruction provided to the student 
at the Naval Postgraduate School. 
"(b) ELIGIBLE STUDENTS.—^A student enrolled at an institution 
of higher education that is party to an agreement under subsection 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2511 
(a) may be admitted to the Naval Postgraduate School pursuant 
to that agreement if— 
"(1) the student is a citizen of the United States or lawfully 
admitted for permanent residence in the United States; and 
"(2) the Secretary of the Navy determines that the student 
has a demonstrated abilitv in a field of study designated by 
the Secretary as related to naval warfare and national 
security.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by striking out the item relating 
to section 7047 and inserting in lieu thereof the following new 
items: 
"7047. Students at institutions of higher education: admission. 
"7048. Conferring of degrees on graduates.". 
SEC. 1074. REPEAL OF CERTAIN REPORTING REQUIREMENT. 
Section 1309 of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 10 U.S.C. 113 note) is repealed. 
SEC. 1075. RESTRICTION ON OBLIGATION OF FUNDS FOR NEW MUSE-
UMS. 
(a) PROHIBITION ON OBLIGATION OF FUNDS FOR CERTAIN NEW 
MUSEUMS.—Except as provided in subsection (b), funds appro-
priated or otherwise made available to the Department of Defense 
for fiscal year 1992 may not be obligated for the purposes of— 
(1) the construction or capitalization of— 
(A) the National D-Day Museum; 
(B) the Airborne and Special Operations Museum; or 
(C) the Naval Undersea Museum; or 
(2) the renovation of the submarine U.S.S. Blueback for 
the Oregon Museum of Science and Industry. 
(b) EXCEPTION.—The funds referred to in subsection (a) may 
be obligated for the purpose specified for a museum referred to 
in that subsection if, with respect to that museum, the Secretary 
of Defense certifies to Congress that— 
(1) the use of Department of Defense funds for that museum 
is of a higher priority than the use of such funds for the 
expansion of any existing Department of Defense museum; 
(2) in authorizing construction of a new Department of 
Defense museum, the Secretary would select that museum as 
one of the Secretary's first four choices for the construction 
of such a new museum; and 
(3) the use of Department of Defense funds for that purpose 
would make a unique contribution to the mission of the military 
departments. 
SEC. 1076. ARMY MILITARY fflSTORY FELLOWSHIP PROGRAM. 
(a) IN GENERAL.—Chapter 401 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 4316. Military history fellowships 
"(a) FELLOWSHIPS.—The Secretary of the Army shall prescribe Regulations, 
regulations under which the Secretary may award fellowships in 
military history of the Army to the persons described in subsection 
(b). 
"(b) ELIGIBLE PERSONS.—The persons eligible for awards of 
fellowships under this section are citizens and nationals of the 
United States who— 
106 STAT. 2512 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(1) are graduate students in United States military 
history; 
"(2) have completed all requirements for a doctoral degree 
other than preparation of a dissertation; and 
"(3) agree to prepare a dissertation in a subject area of 
military history determined by the Secretary. 
"(c) REGULATIONS.—^The regulations prescribed under this sec-
tion shall include— 
"(1) the criteria for award of fellowships; 
"(2) the procedures for selecting recipients; 
"(3) the basis for determining the amoimt of a fellowship; 
and 
"(4) the total amount that may be awarded as fellowships 
during an academic year.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating 
to section 4315 the following: 
"4316. Military history fellowships.". 
5 use 6308 note. SEC. 1077. ELECTION OF LEAVE OR LUMP-SUM PAYMENT FOR CER-
TAIN 
EMPLOYEES 
WHO 
MOVED 
BETWEEN 
NONAPPROPRIATED FUND EMPLOYMENT AND DEPART-
MENT OF DEFENSE OR COAST GUARD EMPLOYMENT 
BEFORE APRIL 16,1991. 
(a) ELECTION OF LEAVE OR PAYMENT.—An employee referred 
to in subsection (b) of section 6308 of title 5, United States Code, 
who made an employment move described in such subsection after 
December 31, 1986, and before April 16, 1991, shall be permitted 
to elect— 
(1) to repay the lump-sum pajmient received based on 
such employment move in lieu of annual leave and have the 
annual leave recredited to the employee's leave account; or 
(2) to keep the lump-sum payment in lieu of that annual 
leave. 
(b) NOTIFICATION; DEADLINE FOR ELECTION.—(1) The head of 
the agency employing an employee described in subsection (a) shall 
notify the employee in writing of the provisions of this section. 
Such written notification shall occur not later than the later o
f
— 
(A) 180 days after the date of the enactment of this Act; 
or 
(B) 60 days after the date of the commencement of the 
employee's employment with the agency. 
(2) An employee shall make an election authorized b^ subsection 
(a) within 90 days after receiving the written notification required 
under paragraph (1). An emplovee who does not make the election 
within that 90-day period shall be considered to have elected to 
keep the lump-simi payment. 
(c) REPAYMENT OF LUMP-SUM PAYMENT.—An employee who 
elects to repay the lump-siun pajrment shall make the repa3anent 
not later than two years after the date of the election. The repay-
ment by an employee shall be made in one payment of the entire 
amoimt of the lump-sum payment received by that employee in 
lieu of annual leave. 
(d) LEAVE CREDITS.—^Upon repayment of the limip-sum pay-
ment received by an employee, the employee shall, in accordance 
with section 6308 of such title, be recredited with the annual 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2513 
leave associated with the lump-sum payment. Annual leave recred-
ited under this subsection shall be credited to a separate leave 
account for the employee and shall be available for use by the 
employee until the last day of the second leave year following 
the leave year in which the leave is recredited. If the employee 
is separated from service, the annual leave recredited under this 
section that is unused and still available shall be available for 
a lump-sum payment. 
SEC. 1078. STUDY AND REPORT REGARDING EQUITY IN BENEFITS FOR 
TEMPORARY FEDERAL EMPLOYEES. 
(a) IN GENERAL.—^The Office of Personnel Management shall 
conduct a study and, not later than April 1, 1993, report to Con-
gress, in writing, on the feasibility of providing to temporary 
employees of the Government the same health-insurance, life-insur-
ance, and retirement benefits, and other rights or benefits, as 
are generally available t« those employed by the Grovemment on 
a permanent basis. 
(b) MATTERS TO B E SPECIFICALLY ADDRESSED.—The report 
imder subsection (a) shall specifically address— 
(1) the various types of temporary appointments currently 
allowable under civil- service law and regulations, and the terms 
and conditions pertinent to each; 
(2) the circumstances in which, or the purposes for which, 
each of the various types of temporary appointments is appro-
priate; 
(3) the rights and benefits generally available to individuals 
employed by the Government on a permanent basis— 
(A) which are currently imavailable to some or all 
temporary employees; and 
(B) of those identified under subparagraph (A), which 
might appropriately be made available to one or more 
classes of temporary emplovees; 
(4) alternative means by wnich some or all of the temporary 
employees referred to in paragraph (3XA) could be eifforded 
one or more of the rights or benefits identified under paragraph 
(3XB); and 
(5) whether any of the alternatives identified luider para-
graph (4) could be implemented by the Office under existing 
law, and, if so— 
(A) when the Office intends to implement those meas-
ures; or 
(B) the reasons why the Office either does not intend 
to implement those measures or cannot provide a timetable 
for their implementation. 
(c) RECOMMENDATIONS.—<1) In addition to the results of the 
study, the Office's report shall include recommendations for any 
legislation or administrative action which the Office considers nec-
essary to carry out the purposes of this section. 
(2) Any recommendation which involves the amending of exist-
ing statutes shall include draft legislation. 
106 STAT. 2514 
PUBLIC LAW 102-484—OCT. 23, 1992 
8 use 1224 note. SEC. 1079. DESIGNATION OF UNITED STATES MILITARY PHYSICIANS 
AS CIVIL SURGEONS UNDER THE IMMIGRATION AND 
NATIONALITY ACT IN CONNECTION WITH THE ARMED 
FORCES IMMIGRATION ADJUSTMENT ACT OF 1991. 
Notwithstanding any other provision of law, United States mili-
tary physicians with not less than four years professional experience 
shall be considered to be civil surgeons for the purpose of the 
performance of physical examinations required under section 234 
of the Immigration and Nationality Act (8 U.S.C. 1224) of special 
immigrants described in section 101(aX27XK) of such Act (8 U.S.C. 
1101(aX27XK)). 
SEC. 1080. USE OF ARMED FORCES INSIGNIA ON STATE UCENSE 
PLATES. 
(a) IN GENERAL.—Chapter 53 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 1057. Use of armed forces insignia on State license plates 
''(a) The Secretary concerned may approve an application by 
a State to use or imitate the seal or other insignia of the department 
(under the jurisdiction of such Secretary) or of armed forces (under 
the jurisdiction of such Secretary) on motor vehicle license plates 
issued by the State to an individual who is a member or former 
member of the armed forces. 
**(b) The Secretary concerned may prescribe any regulations 
necessary regarding the display of the seal or other insignia of 
the department (under the jurisdiction of such Secretary) or of 
armed forces (under the jiirisdiction of such Secretary) on the license 
plates described in subsection (a). 
"(c) In this section, the term 'State' includes the District of 
Columbia, the Commonwealth of Puerto Rico, the CommonwealtJi 
of the Northern Mariana Islands, Guam, the Virgin Islands, and 
American Samoa.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"1057. Use of armed forces insignia on State license plates.". 
10 use 410 note. SEC. 108L CIVIL-MILITARY COOPERATIVE ACTION PROGRAM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Many of the skills, capabilities, and resources that 
the Armed Forces have developed to meet military requirements 
can assist in meeting the civilian domestic needs of the United 
States. 
(2) Members of the Armed Forces have the training, edu-
cation, and experience to serve as role models for United States 
youth. 
(3) As a result of the reductions in the Armed Forces 
resulting from the ending of the Cold War, the Armed Forces 
will have fewer overseas deplojmients and lower operating tem-
pos, and there will be a much greater opportunity than in 
the past for the Armed Forces to assist civilian efforts to address 
critical domestic problems. 
(4) The United States has significant domestic needs in 
areas such as health care, nutrition, education, housing, and 
infrastructure that C€uinot be met by current and anticipated 
governmental and private sector programs. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2515 
(5) There are significant opportunities for the resources 
of the Armed Forces, which are maintained for national security 
purposes, to be applied in cooperative efforts with civilian offi-
cials to address these vital domestic needs. 
(6) Civil-military cooperative efforts can be undertaken in 
a manner that is consistent with the military mission and 
does not compete with theprivate sector. 
(b) ESTABLISHMENT OF CIVIL-MILITARY COOPERATIVE ACTION 
PROGRAM.—Chapter 20 of title 10, United States Code, is 
amended— 
(1) by adding at the end the following new subchapter: 
"SUBCHAPTER II—CIVIL-MILITARY COOPERATION 
"Sec. 
"410. Civil-Military Cooperative Action Program. 
*
*
§ 410. Civil-Military Cooperative Action Program 
"(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a program to be known as the 'Civil-Military Cooperative Action 
Program*. Under the program, the Secretary may, in accordance 
with other applicable law, use the skills, capabilities, and resources 
of the armed forces to assist civilian efforts to meet the domestic 
needs of the United States. 
"(b) PROGRAM OBJECTIVES.—The program shall have the follow-
ing objectives: 
"(1) To enhance individual and imit training and morale 
in the armed forces through meaningful community involve-
ment of the armed forces. 
"(2) To encourage cooperation between civilian and military 
sectors of society in addressing domestic needs. 
"(3) To advance equal opportunity. 
**(4) To enrich the civilian economy of the United States 
through education, training, and transfer of technological 
advances. 
"(5) To improve the environment and economic and social 
conditions. 
"(6) To provide opportunities for disadvantaged citizens 
of the United States. 
"(c) ADVISORY COUNCILS.—(1) The Secretary of Defense shall 
encourage the establishment of advisory councils on civil-military 
cooperation at the regional. State, and local levels, as appropriate, 
in order to obtain recommendations for projects and activities imder 
the program and guidance for the program from persons who are 
knowledgeable about regional. State, and local conditions and needs. 
"(2) The advisory councils should include officials from relevant 
military organizations, representatives of appropriate local. State, 
and Federal agencies, representatives of civic and social service 
organizations, business representatives, and labor representatives. 
"(3) The Federal Ad/isory Committee Act (5 U.S.C. App.) shall 
not apply to such councils. 
"(a) REGULATIONS.—^The Secretary of Defense shall prescribe 
regulations governing the provision of assistance under the pro-
gram. The regulations shall include the following: 
"(1) Rules governing the types of assistance that may be 
provided. 
106 STAT. 2516 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(2) Procedures governing the delivery of assistance that 
ensure, to the maximum extent practicable, that such assistance 
is provided in conjunction with, rather than separate from, 
civilian efforts. 
"(3) Procedures for appropriate coordination with civilian 
officials to ensure that the assistance— 
"(A) meets a valid need; and 
"(B) does not duplicate other available public services. 
"(4) Procedures for the provision of assistance in a manner 
that does not compete with the private sector. 
"(5) Procedures to minimize the extent to which Depart-
ment of Defense resources are applied exclusively to the 
program. 
"(6) Standards to ensure that assistance is provided under 
this section in a manner that is consistent with the military 
mission of the units of the armed forces involved in providing 
the assistance. 
"(e) CONSTRUCTION OF PROVISION.—^Nothing in this section shall 
be construed as authorizing— 
"(1) the use of the armed forces for civilian law enforcement 
purposes; or 
"(2) the use of Department of Defense personnel or 
resources for any program, project, or activity that is prohibited 
by law."; and 
(2) by inserting below the chapter heading the following: 
"Subchapter 
Sec. 
"I. Humanitarian Assistance 
401 
"II. Civil-Military Cooperation 
410 
"SUBCHAPTER I—HUMANITARIAN ASSISTANCE". 
10 use 113 note. SEC. 1082. LIMITATION ON SUPPORT FOR UNITED STATES CONTRAC-
TORS SELLING ARMS OVERSEAS. 
(a) SUPPORT FOR CONTRACTORS.—In the event that a United 
States defense contractor or industrial association requests the 
Department of Defense or a military department to provide support 
in the form of military equipment for any airshow or trade exhi-
bition to be held outside the United States, such equipment may 
not be supplied unless the contractor or association agrees to 
reimburse the Treasury of the United States for— 
(1) all incremental costs of military personnel accom-
panying the equipment, including food, lodging, and local 
transportation; 
(2) all incremental transportation costs incurred in moving 
such equipment from its normally assigned location to the 
airshow or trade exhibition and return; and 
(3) any other miscellaneous incremental costs not included 
under paragraphs (1) and (2) that are incurred by the Federal 
Government but would not have been incurred had military 
support not been provided to the contractor or industrial 
association. 
(b) 
DEPARTMENT OF DEFENSE EXHIBITIONS.—(1) 
A military 
department may not participate directly in any airshow or trade 
exhibition held outside the United States unless the Secretary 
of Defense— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2517 
(A) determines that it is in the national security interests 
of the United States for the military department to do so; 
and 
(B) provides to the congressional defense committees at Reports, 
least 45 days before the opening of the airshow or trade exhi-
bition a report detailing— 
(i) why the show or exhibition is in the national secu-
rity interest; 
(ii) a description of the implications that promoting 
the sale of the weapons in question will have on arms 
control; and 
(iii) an estimate of any costs to be incurred. 
(2) The Secretary of Defense may not delegate the authority 
to make tiie determination referred to in paragraph (IXA) below 
the level of the Under Secretary of Defense for Policy. 
(c) DEPINITION.—^In this section, the term "incremental 
transportation cost" includes the cost of transporting equipment 
to an airshow or trade exhibition only to the extent that tne provi-
sion of transportation by the Department of Defense described 
in subsection (aX2) does not fulfill legitimate training requirements 
that would otherwise have to be met. 
SEC. 1083. SENSE OF CONGRESS REGARDING THE TIME LIMITATIONS 
FOR CONSIDERATION OF MILITARY DECORATIONS AND 
AWARDS. 
(a) FINDINGS.—Congress finds the following: 
(1) Former members of the Armed Forces, military imits, 
and veteran organizations throughout the United States will 
be celebrating the 50th anniversary of World War II at reunions 
and other events through 1995. 
(2) A number of individuals who served in the Armed 
Forces during World War II, and groups of former members 
of the Armed Forces who served together in units during World 
War II have expressed interest in individual and imit decora-
tions and awards involving their World War II service that 
were never presented. 
(3) In some cases, the Secretaries of the military depart-
ments have declined to consider individual and imit decorations 
and awards involving World War II service that were estab-
lished by administrative action solely because of time limita-
tions established administratively on the submission of rec-
ommendations for the decorations and awards. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretaries of the military departments should consider a rec-
ommendation for a decoration or award for World War II service 
without regard to time limitations on the consideration of the rec-
ommendation if the recommendation— 
(1) is submitted before December 31,1995; 
(2) involves a decoration or award that is not established 
by Act of Congress; and 
(3) presents new information or evidence that the original 
recommendation was not submitted or was mishandled due 
to administrative error. 
SEC. 1084. SENSE OF CONGRESS RELATING TO AWARD OF THE NAVY 
EXPEDITIONARY BIEDAL TO DOOLTTTLE RAIDERS. 
It is the sense of Congress that the President should award 
the Navy Expeditionary Medal to members of the Navy who served 
in Navy Task Force 16, culminating in the air-raid commonly known 
as the "Doolittle Raid on Tokyo , during April 1942, regardless 
of the time limitetions on the consideration of such awards. 
106 STAT. 2518 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 1085. SENSE OF CONGRESS REGARDING THE AWARD OF THE 
PURPLE HEART TO MEMBERS lOLLED OR WOUNDED IN 
ACTION BY FRIENDLY FIRE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Purple Heart should be awarded to members of 
the Armed Forces killed or wounded by friendly fire while 
actively engaged with the enemy. 
(2) Historically, the military services have responded with 
; 
tentativeness and reluctance when considering the award of 
the Purple Heart to members of the Armed Forces killed or 
wounded by friendly fire while actively engaged with the enemy, 
includingengagements during the Persian Gulf War. 
(3) The Congress recognizes that the Secretaries of the 
military departments contend that, as a matter of policy, the 
Purple Heart has been awarded as described in paragraph 
(1), including during the Persian Gulf War. 
(b) SENSE OF CONGRESS.—It is the sense of Congress— 
(1) that the Secretaries of the military departments should 
ensure that in the future the Purple Heart is awarded without 
hesitation to members of the Armed Forces killed or wounded 
by friendly fire while activelv engaged with the enemy; and 
(2) that the Secretaries of the military departments should 
award the Purple Heart in each case of a member of the 
Armed Forces killed or wounded on or after December 7, 1941, 
by friendly fire while actively engaged with the enemy which 
is known to the Secretary or for which an application is made 
to the Secretary in such a manner as the Secretary requires. 
SEC. 1086. STUDY OF EFFECTS OF OPERATIONS DESERT SHIELD AND 
DESERT STORM MOBILIZATIONS OF RESERVES AND MEM-
BERS OF THE NATIONAL GUARD WHO WERE SELF-
EMPLOYED OR OWNERS OF SMALL BUSINESSES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The service of the members of the Armed Forces of 
the United States in Operations Desert Shield and Desert 
Storm was commendable. 
(2) The Reserves and the members of the National Guard 
contributed to the readiness, preparedness, and combat capabil-
ity of the coalition forces that participated in the liberation 
of Kuwait. 
(3) The Reserves and the members of the National Guard 
ordered to active duty in connection with Operations Desert 
Shield and Desert Storm who were self-employed or were own-
ers of small businesses possibly suffered unique financial dif-
ficulties resulting from their absence from their businesses 
for such active duty service. 
(b) STUDY AND REPORT REQUIRED.—Not later than 90 days 
aft«r the date of the enactment of this Act, the Secretary of Defense 
shall— 
(1) conduct a study examining the economic and other 
effects on the Reserves and members of the National Guard 
referred to in subsection (aX3) resulting from their absence 
from their businesses for active duty service in connection 
with Operations Desert Shield and Desert Storm; and 
(2) submit a report on the results of the study to the 
Committees on Armed Services of the Senate and the House 
of Representatives. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2519 
(c) CONTENT OF REPORT.—^The report shall include the following 
matters: 
(1) The number of Reserves and members of the National 
Guard ordered to active duty in connection with Operations 
Desert Shield and Desert Storm who were self-employed or 
were owners of small businesses. 
(2) A description of the businesses owned by those Reserves 
and members of the National Guard when such personnel were 
ordered to active duty. 
(3) A detailed analysis of the economic effects on the 
businesses of such personnel resulting from the absence of 
such personnel for active duty service. 
(4) A discussion of the factors that contributed to any 
financial hardship or gain for such businesses during the period 
of the absence of such personnel. 
(5) The extent to which such personnel volimtarily sepa-
rated from the Armed Forces, assumed an inactive status, 
or retired after being released from active duty. 
(6) An analysis of the rates of such separations, change 
of status, and retirements. 
Subtitle I—^Youth Service Opportunities 
SEC. 1091. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT 32 USC 501 note. 
PROGRAM. 
(a) PROGRAM AUTHORITY.—During fiscal years 1993 through 
1995, the Secretary of Defense, acting through the Chief of the 
National Guard Bureau, may conduct a pilot program to be known 
as the "National Guard Civilian Youth Opportunities Program". 
(b) PURPOSE.—^The purpose of the pilot program is to provide 
a basis for determining— 
(1) whether the life skills and employment potential of 
civilian youth who cease to attend secondary school before 
graduating can be significantly improved through military-
based training, including supervised work experience in commu-
nity service and conservation projects, provided by the National 
Guard; and 
(2) whether it is feasible and cost effective for the National 
Guard to provide military-based training to such youth for 
the purpose of achieving such improvement. 
(c) CONDUCT OF PROGRAM IN 10 NATIONAL GUARD JURISDIC-
TIONS.—^The Secretary of Defense may provide for the conduct of 
the pilot program in any 10 of the States. 
(d) PROGRAM AGREEMENTS.—(1) To carry out the pilot program 
inter-
in a State, the Secretary of Defense shall enter into an agreement fgi^tioM^"**^ 
with the Governor of the State or, in the case of the District 
of Colimibia, with the commanding general of the District of Colum-
bia National Guard. 
(2) Each agreement under the pilot program shall provide for 
the Governor or, in the case of the District of Columbia, the 
commanding general to establish, organize, and administer a 
National Guard civilian youth opportunities program in the State. 
(3) The agreement may provide for the Secretary to reimburse 
the State for civilian personnel costs attributable to the use of 
civilian employees of the National Guard in the conduct of the 
National Guard civilian youth opportunities program. 
106 STAT. 2520 
PUBLIC LAW 102-484—OCT. 23, 1992 
(e) PERSONS ELIGIBLE TO PARTICIPATE IN PROGRAM.—(1) A 
school dropout from secondary school shall be eligible to participate 
in a National Guard civilian youth opportunities program conducted 
under the pilot program. 
(2) The Secretai^ shall prescribe the standards and procedures 
for selecting participants for a National Guard civilian youth 
opportunities program from among school dropouts eligible to 
participate in tne program. 
if) AUTHORIZED BENEFITS FOR PARTICIPANTS.—<1) TO the extent 
provided in an agreement entered into in accordance with subsection 
(d) and subject to the approval of the Secretary, a person selected 
for training in a National Guard civilian youth opportunities pro-
gram conducted under the pilot program may receive the following 
benefits in connection with that training: 
(A) Allowances for travel expenses, personal expenses, and 
other expenses. 
(B) Quarters. 
(C) Subsistence. 
(D) Transportation. 
(E) Equipment. 
(F) Clothing. 
(G) Recreational services and supplies. 
(H) Other services. 
(I) Subject to paragraph (2), a temporary stipend upon 
the successful completion of the training, as characterized in 
accordance with procedures provided in the agreement. 
(2) In the case of a person selected for training in a National 
Guard civiUan youth opportunities program conducted under the 
pilot pro-am who afterwards becomes a member of the Civilian 
Community Corps under subtitle H of title I of the National and 
Community Service Act of 1990 (as added by section 1092(a)), 
the person may not receive a temporary stipend imderparagraph 
(IXI) while the person is a member of that Corps, llie person 
may receive the temporary stipend after completing service in the 
Corps unless the person elects to receive benefits provided under 
subsection (f) or (g) of section 195G of such Act. 
(g) PROGRAM PERSONNEL.—<1) Personnel of the National Guard 
of a State in which a National Guard civilian youth opportunities 
program is conducted imder the pilot program may serve on full-
time National Guard duty for the purpose of providing command, 
administrative, training, or supporting services for that program. 
For the performance of those services, any such personnel may 
be ordered to duty imder section 502(f) of title 32, United States 
Code, for not longer than the period of the program. 
(2) For fiscal year 1993, personnel so serving may not be 
coimted for the purposes o
f
— 
(A) any provision of law limiting the number of personnel 
that may be serving on full-time active duty or full-time 
National Guard duty for the purpose of organizing, administer-
ing, recruiting, instructing, or training the reserve components; 
or 
(B) section 524 of title 10, United States Code, relating 
to the number of reserve component officers who may be on 
active duty or full-time National Guard duty in certain grades. 
(3) A Governor participating in the pilot program and the 
commanding general of the District of Columbia National Guard 
(if the District of Columbia National Guard is participating in 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2521 
the pilot program) may procure by contract the temporary full 
time services of such civilian personnel as may be necessary to 
augment National Guard personnel in carrying out a National 
Guard civilian youth opportunities program under the pilot 
program. 
(4) Civilian employees of the National Guard performing serv-
ices for such a program and contractor personnel performing such 
services may be required, when appropriate to achieve a program 
objective, to be members of the National Guard and to wear the 
military uniform. 
(h) EQUIPMENT AND FACILITIES.—<1) Equipment and facilities 
of the National Guard, including military property of the United 
States issued to the National Guard, may be used in carrying 
out the pilot program. 
(2) Activities under the pilot program shall be considered 
noncombat activities of the National Guard for purposes of section 
710 of title 32, United States Code. 
(i) STATUS OF PARTIC;IPANTS.—(1) A person receiving training 
under the pilot program shall be considered an employee of the 
United States for the purposes of the following provisions of law: 
(A) Subchapter ] of chapter 81 of title 5, United States 
Code (relating to compensation of Federal employees for work 
injuries). 
(B) Section 1346(b) and chapter 171 of title 28, United 
States Code, and anv other provision of law relating to the 
liability of the United States for tortious conduct of employees 
of the United States. 
(2) In the applicatioin of the provisions of law referred to in 
paragraph (IXA) to a person referred to in paragraph (1)— 
(A) the person shall not be considered to be in the perform-
ance of duty while the person is not at the assigned location 
of training or other activity or duty authorized in accordance 
with a program agreement referred to in subsection (d), except 
when the person is traveling to or from that location or is 
on pass from that training or other activity or duty; 
(B) the person's monthly rate of pay shall be deemed to 
be the minimiun rate of pay provided for grade GS-2 of the 
General Schedule under section 5332 of title 5, United States 
Code; and 
(C) the entitlement of a person to receive compensation 
for a disability shall begin on the day following the date on 
which the person's participation in the pilot program is 
terminated. 
(3) A person referred to in paragraph (1) may not be considered 
an employee of the United States for any purpose other than a 
purpose set forth in that paragraph. 
(j) SUPPLEMENTAL RESOURCES.—(1) To carry out a National 
Giiard civilian youth opportunities program conducted under the 
pilot program, the (jrovemor of a State or, in the case of the 
District of Columbia, the commanding general of the District of 
Columbia National Guard may supplement any funding made avail-
able pursuant to subsection (m) out of other resources (including 
gifts) available to the Grovemor or the commanding general. 
(2) The provision of funds authorized to be appropriated for 
the pilot program shall not preclude a Governor participating in 
the pilot program, or the commanding general of the District of 
Columbia National Guard (if the District of Columbia National 
106 STAT. 2522 
PUBLIC LAW 102-484—OCT. 23, 1992 
Guard is participating in the pilot program), from accepting, using, 
and disposing of gifts or donations of money, other property, or 
services for the pilot program. 
(k) REPORT.—(1) Within 90 days after the end of the one-
year period beginning on the first day of the pilot program, the 
Secretary shall submit to the congressional defense committees 
a report on the design, conduct, and effectiveness of the pilot pro-
gram during that one-year period. The report shall include an 
assessment of the matters set forth in paragraphs (1) and (2) 
of subsection (b). 
(2) In preparing the report required by paragraph (1), the 
Secretary shall coonunate with the Governor of each State in which 
a National Guard civilian youth opportimities program is carried 
out under the pilot program and, if such a program is carried 
out in the District of Colimibia, with the commanding general 
of the District of Columbia National Guard. 
(1) DEFINITIONS.—In this section: 
(1) The term "pilot program" means the National Guard 
Civilian Youth Opportunities Program authorized to be con-
ducted under subsection (a). 
(2) The term "State" includes the District of Columbia, 
Puerto Rico, Guam, and the Virgin Islands. 
(3) The term "school dropout" has the meaning established 
for the term by the Secretary of Education pursuant to section 
6201(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 3271(a)). 
(4) The term "full-time National Guard duty" has the mean-
ing given that term in section 101 of title 32, United States 
Code. 
(m) FUNDING.—Of the amounts appropriated for the Depart-
ment of Defense for operation and maintenance in fiscal year 1993 
pursuant to the authorization of appropriations in section 301, 
$50,000,000 shall be available to carry out the pilot program for 
fiscal year 1993. 
SEC. 1092. CIVILIAN COMMUNITY CORPS. 
(a) CIVILIAN COMMUNITY CORPS.—(1) Title I of the National 
and Commimity Service Act of 1990 (42 U.S.C. 12510 et seq.) 
is amended by adding at the end the following new subtitle: 
^Subtitle H—Civilian Community Corps 
42 use 12653. 
"SEC. 196. PURPOSE. 
"It is the purpose of this subtitle to authorize the establishment 
of a Civilian (Jommunity Corps to provide a basis for determining— 
"(1) whether residential service programs administered by 
the Federal Grovemment can significantly increase the support 
for national service and community service by the people of 
the United States; 
"(2) whether such programs can expand the opportunities 
for willing young men and women to perform meaningfiil, 
direct, and consequential acts of community service in a manner 
that will enhance their own skills while contributing to their 
understanding of civic responsibility in the United States; 
"(3) whether retired members and former members of the 
Armed Forces of the United States, members and former mem-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2523 
bers of the Armed Forces discharged or released from active 
duty in connection with reduced Department of Defense spend-
ing, members and former members of the Armed Forces dis-
charged or transferred from the Selected Reserve of the Ready 
Reserve in connection with reduced Department of Defense 
spending, and other members of the Armed Forces not on 
active duty and not actively particii>ating in a reserve compo-
nent of the Armed Forces can provide guidance and trainmg 
under such programs that contribute meaningfully to the 
encouragement of 
national and community service; and 
"(4) whether domestic national service programs can serve 
as a substitute for the traditional option of military service 
in the Armed Forces of the United States which, in times 
of reductions in the size of the Armed Forces, is a diminishing 
national service opportunity for young Americans. 
"SEC. 195A. ESTABUSHMENT OF CIVILIAN COMMUNITY CORPS DEM- 42 USC 12653a. 
ONSTRATION PROGRAM. 
"(a) IN GENERAL.—^The Commission on National and Commu-
nity Service may establish the Civilian Community Corps Dem-
onstration Program to carry out the purpose of this subtitle. 
"(b) PROGRAM COMIONENTS.—Under the CiviUan Community 
Corps Demonstration Program authorized by subsection (a), the 
members of a Civilian Community Corps shall receive training 
and perform service in at least one of the following two program 
components: 
"(1) A national service program. 
"(2) A summer national service program. 
"(c) RESIDENTIAL PROGRAMS.—Both program components are 
residential programs. The members of the Corps in each program 
shall reside with other members of the Corps in Corps housing 
during the periods of the members'agreed service. 
"SEC. 195B. NATIONAL SERVICE PROGRAM. 
"(a) IN GENERAL.—^Under the national service program compo-
nent of the Civilian Community Corps Demonstration Program 
authorized by section 195A(a), eligible young people shall work 
in teams on Civilian Community Corps projects. 
"(b) ELIGIBLE PARTICIPANTS.—A person shall be eligible for 
selection for the national service program if the person— 
"(1) is at least 16 and not more than 24 years of age; 
and 
"(2) is a high school graduate or has not received a high 
school diploma or its equivalent. 
"(c) DIVERSE BACKROUNDS OF PARTICIPANTS.—In selecting per-
sons for the national service program, the Director shall endeavor 
to ensure that participants are from economically, geographically, 
and ethnically diverse backgrounds. 
"(d) NECESSARY PARTICIPANTS.—TO the extent practicable, at 
least 50 percent of the participants in the national service program 
shall be economically disadvantaged youths. 
"(e) PERIOD OF PARTICIPATION.—Persons desiring to participate 
in the national service program shall enter into an agreement 
with the Director to participate in the Corps for a period of not 
less than nine months and not more than one year, as specified 
by the Director, and may renew the agreement for not more than 
one additional such period. 
42 USC 12653b. 
106 STAT. 2524 
PUBLIC LAW 102-484—OCT. 23, 1992 
42 use 12658c. 
<«EC. 196C. SUMMER NATIONAL SERVICE PROGRAM. 
''(a) IN GENERAL.—^Under the summer national service progreun 
of the CiviUan Community Corps Demonstration Program author-
ized by section 196A(a), a diverse group of youth aged 14 through 
18 years who are from urban or rural areas shall work in teams 
on Civilian Community Corps projects. 
**(b) NECESSARY PARTICIPANTS.—TO the extent practicable, at 
least 50 percent of the pcurticipants in the siunmer national service 
program shall be economically disadvantaged youths. 
"(c) SEASONAL PROGRAM.—^The training and service of Corps 
members imder the siunmer national service pro-am in each year 
shall be conducted after April 30 and before October 1 of that 
year. 
42 use 12653d. 
"^EC. 1»6D. CIVILIAN COMMUNITY CORPS. 
"(a) DIRECTOR.—^Upon the establishment of the Civilian 
Community Corps Demonstration Program, the Civilian Commimity 
Corps shall be under the direction of the Director of the Civilian 
Community Corps appointed pursuant to section 195H(cXl). 
"(b) MEMBERSHIP IN CIVILIAN COMMUNITY CORPS.— 
"(1) PARTICIPANTS TO BE MEMBERS.—Persons selected to 
participate in the national service program or the simimer 
national service program components of the Program shall 
become members of the Civilian Commimity Corps. 
"(2) SELECTION OF MEMBERS.—The Director or the Direc-
tor's designee shall select individuals for membership in the 
Corps. 
"(3) APPUCATION FOR MEMBERSfflP.—TO be selected to 
become a Corps member an individual shall submit an applica-
tion to the Director or to any other office as the Director 
may designate, at such time, in such manner, and containing 
such information as the Director shall require. At a minimum, 
the application shall contain information about the work experi-
ence of the applicant and sufficient information to enable the 
Director, or the superintendent of the appropriate camp, to 
determine whether selection of the applicant for membership 
in the Corps is appropriate. 
"(c) ORGANIZATION OF CORPS INTO UNITS.— 
"(1) UNITS.—^The Corps shall be divided into permanent 
units. Each Corps member shedl be assigned to a unit. 
"(2) UNIT LEADERS.—The leader of each unit shall be 
selected from among persons in the permanent cadre estab-
lished pursuant to section 195H(cX2). The designated leader 
shall accompany the unit throughout the period of agreed serv-
ice of the members of the unit. 
"(d) CAMPS.— 
"(1) UNITS TO BE ASSIGNED TO CAMPS.—The units of the 
Corps shall be grouped together as appropriate in camps for 
operational, support, and boarding purposes. The Corps camp 
for a unit shall oe in a facility or central location established 
as the operational headquarters and boarding place for the 
unit. Corps members maybe housed in the camps. 
"(2) CAMP SUPERINTENDENT.—There shall be a superintend-
ent for each camp. The superintendent is the head of the 
camp. 
"(3) ELIGIBLE SITE FOR CAMP.—A camp may be located 
in a facility referred to in section 195K(aX3). 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2525 
"(e) DISTRIBUTION OF UNITS AND CORPS.—The Director shall 
ensure that the Corps units and camps are distributed in urban 
areas and rural areas in various regions throughout the United 
States. 
"(f) STANDARDS OF CONDUCT.— 
"(1) IN GENERAL.—^The superintendent of each camp shall 
establish and enforce standards of conduct to promote proper 
moral and disciplinary conditions in the camp. 
"(2) SANCTIONS.—^Under procedures prescribed by the 
Director, the superintendent of a camp may— 
"(A) transfer a member of the Corps in that camp 
to another unit or camp if the superintendent determines 
that the retention of the member in the member's unit 
or in the superintendent's camp will jeopardize the enforce-
ment of the standards or diminish the opportiuiities of 
other Corps members in that imit or camp, as the case 
may be; or 
"(B) dismiss a member of the Corps from the Corps 
if the superintendent determines that retention of the mem-
ber in the Corps will jeopardize the enforcement of the 
standards or diminish the opportunities of other Corps 
members. 
"(3) APPEALS.—^Under procedures prescribed by the Direc-
tor, a member of the Corps may appeal to the Director a 
determination of a camp superintendent to transfer or dismiss 
the member. The Director shall provide for expeditious disposi-
tion of appeals under this paragraph. 
"SEC. 196E. TRAINING. 
42 USC 12653e. 
"(a) COMMON CURRICULUM.—Each member of the CiviHan 
Community Corps shall be provided with between three and six 
weeks of training that includes a comprehensive service-learning 
curriculum designed to promote team building, discipline, leader-
ship, work, training, citizenship, and physical conditioning. 
"(b) ADVANCED SERVICE TRAINING.— 
"(1) NATIONAL SERVICE PROGRAM.—Members of the Corps 
participating in the national service program shall receive 
adv£uiced training in basic, project-specific skills that the mem-
bers will use in performing their community service projects. 
"(2) SUMMER NATIONAL SERVICE PROGRAM.—Members of the 
Corps participating in the summer national service program 
shall not receive advanced training referred to in paragraph 
(1) but, to the extent practicable, may receive other training. 
"(c) TRAINING PERSONNEL.— 
"(1) IN GENERAL.—Members of the cadre appointed under 
section 195H(cX2) shall provide the training for the members 
of the Corps, including, as appropriate, advanced service train-
ing and ongoing training througnout the members' periods of 
agreed service. 
"(2) COORDINATION WITH OTHER ENTITIES.—Members of the 
cadre may provide the advanced service training referred to 
in subsection (bXD in coordination with vocational or technical 
schools, other emplojrment and training providers, existing 
youth service programs, or other qualified individuals. 
(d) FACILITIES.—^The training may be provided at installations 
and other facilities of the Department of Defense, and at National 
Guard facilities, identified unaer section 195K(aX3). 
106 STAT. 2526 
PUBLIC LAW 102-484—OCT. 23, 1992 
42USC12653f. 
"SEC. 196F. SERVICE PROJECTS. 
"(a) PROJECT REQUIREMENTS.—^The service projects carried out 
by the Civilian Community Corps shall— 
"(1) meet an identifiable public need; 
"(2) emphasize the performance of community service 
activities that provide meaningful community benefits and 
opportunities for service learning and skills development; 
"(3) to the maximum extent practicable, encourage work 
to be accomplished in teams of diverse individuals working 
together; and 
"(4) include continued education and training in various 
technical fields. 
"(b) PROJECT PROPOSALS.— 
"(1) DEVELOPMENT OF PROPOSALS.— 
"(A) SPECIFIC EXECUTIVE DEPARTMENTS.—^Upon the 
establishment of the Program, the Secretary of Agriculture, 
the Secretary of the Interior, and the Secretary of Housing 
and Urban Development shall develop proposals for Corps 
projects pursuant to guidance which the Director of the 
Civilian Community Corps shall prescribe. 
"(B) 
OTHER 
SOURCES.—Other 
pubhc 
and 
private 
organizations and agencies, including representatives of 
local communities in the vicinity of a Corps camp, may 
develop proposals for projects for a Corps camp. Corps 
members shall also be encouraged to identify projects for 
the Corps. 
"(2) CONSULTATION REQUIREMENTS.—The process for devel-
oping project proposals under paragraph (1) shall include con-
sultation with the Commission on National and Community 
Service, representatives of local communities, and persons 
involved in other youth service programs. 
"(c) PROJECT SELECTION, ORGANIZATION, AND PERFORMANCE.— 
"(1) SELECTION.—^The superintendent of a Corps camp shall 
select the projects to be performed by the members of the 
Corps assigned to the imits in that camp. The superintendent 
shall select projects from among the projects proposed or identi-
fied pursuant to subsection (b). 
"(2) 
INNOVATIVE 
LOCAL 
ARRANGEMENTS FOR PROJECT 
PERFORMANCE.—^The Director shall encourage camp super-
intendents to negotiate with representatives of local commu-
nities, to the extent practicable, innovative arrangements for 
the performance of projects. The arrangements may provide 
for cost-sharing and the provision by the communities of in-
kind support and other support. 
42 use 12653g. 
«SEC. 195G. AUTHORIZED BENEFITS FOR CORPS MEMBERS. 
"(a) IN GENERAL.—^The Director of the Civilian Community 
Corps shall provide for members of the Civilian Community Corps 
to receive benefits authorized by this section. 
"(b) LIVING ALLOWANCE.—^The Director shall provide a living 
allowance to members of the Corps for the period during which 
such members are engaged in training or any activity on a Corps 
project. The Director shall establish uie amount of the allowance 
at any amount not in excess of the amount equal to 100 percent 
of the poverty line that is applicable to a family of two (as defined 
by tKfe "Office of Management and Budget and revised annually 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2527 
in accordance with section 673(2) of the Community Services Block 
Grant Act (42 U.S.C. 9902(2)). 
"(c) OTHER AUTHORIZED BENEFITS.—While receiving training 
or engaging in service projects as members of the Civilian Commu-
nity Corps, members may be provided the following benefits: 
"(1) Allowances for travel expenses, personcd expenses, and 
other expenses. 
"(2) Quarters. 
"(3) Subsistence. 
"(4) Transportation. 
"(5) Equipment. 
"(6) Clothing. 
"(7) Recreational services and supplies. 
**(8) Other services determined by the Director to be consist-
ent with the purposes of the Program. 
**(d) SUPPORTIVE SERVICES.—As the Director determines appro-
priate, the Director may provide each member of the Corps with 
health care services, child care services, coimseling services, and 
other supportive services. 
**(e) POST SERVICE BENEFITS.—^Upon completion of the agreed 
period of service with the Corps, a member shall elect to receive 
the educational assistance under subsection (f) or the cash benefit 
under subsection (g). 
"(f) EDUCATIONAL ASSISTANCE.— 
"(1) AUTHORITY.— 
"(A) CORPS MEMBERS COMPLETING AGREED SERVICE.— 
The Director shall provide educational assistance to each 
Corps member who— 
"(i) completes a period of agreed service in the 
Corps; and 
"(ii) elects to receive the assistance. 
**(B) CORPS MEMBERS NOT COMPLETING AGREED SERV-
ICE.—^The Direc1x>r may provide educational assistance to 
a Corps member who— 
"(i) thnmgh no fault on the part of the Corps 
member, does not complete the period of agreed service; 
and 
"(ii) requests the assistance. 
"(2) AMOUNT.— 
*
*
(
A
) AMOUNT FOR COMPLETE SERVICE.—The amount of 
the educational assistance provided to a Corps member 
imder paragraph (IXA) shall be— 
"(i) in the case of a Corps member in the national 
service program, $5,000 for each period of agreed serv-
ice in the Corps; and 
"(ii) in the case of a Coips member in the summer 
national sei'vice program, $1,000 for each period of 
agreed service in the Corps. 
"(B) PRORATED AMOUNT FOR INCOMPLETE SERVICE.— 
The amount of the educational assistance provided to a 
Corps member under paragraph (IXB) shall be determined 
by multiplying— 
"(i) tifie amount that would be applicable to the 
member under subparagraph (A) if the member had 
completed tlie agreed period of service, by 
106 STAT. 2528 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(ii) the percentage determined by dividing the 
period of the Corps member's service by the period 
of the Corps member's agreed period of service. 
"An £unount that is not an even multiple of $1 shall be 
rounded down to the next lower even multiple of $1. 
"(C) ADJUSTMENT OF AMOUNT.—To the extent provided 
in appropriations Acts, whenever the maximum permissible 
grant amoimt for a year under subpart 1 of part A of 
title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070a et seq.) is increased, the amoiint of the educational 
assistance payment under subparagraph (AXi) shall be 
increased to the amoimt equal to the sum of that mcudmimi 
permissible grant amount (as increased) plus $2,500. 
(3) USES OF ASSISTANCE.—Educational assistance provided 
for a person under this subsection may be used only for— 
"(A) payment of any student loan, whether from a 
Federal source or a non-Federal source; or 
"(B) tuition, room and board, books and fees, and other 
costs of attendance (determined in accordance with section 
472 of the Higher Education Act of 1965 (20 U.S.C. 108711)) 
that are associated with attendance at an institution of 
higher education on a full-time basis. 
"(4) APPLICATION.—^To receive educational assistance under 
this section, a person shall submit to the Director such informa-
tion and documentation as the Director may require. In the 
case of use of the educational assistance for expenses referred 
Direc-
ram of, 
and a letter of acceptance from, the institution of higher edu-
cation at which the educational assistance is to be used. 
"(g) CASH BENEFIT.— 
"(1) IN GENERAL.—^The Director shall provide a cash benefit 
to each Corps member electing to receive the cash benefit. 
"(2) AMOUNT.—^The amount of the cash benefit payable 
to a member of the Corps shall be equal to 50 percent of 
the amount of the educational assistance that the member 
would have been entitled to receive under subsection (f) if 
the member had elected to receive the educational assistance. 
"(h) OTHER POST-SERVICE BENEFITS.—TO the extent the Direc-
tor considers appropriate, upon a Corps member's completion of 
the agreed penod of service with the Corps, the Director shall 
provide information and counseling to the member to assist the 
member— 
"(1) to pursue a high school diploma or the equivalent; 
"(2) to pursue a degree at an institution of higher education; 
or 
"(3) to obtain emplo3rment and support services as nec-
essary and appropriate. 
42 use 12653h. 
«SEC. 195H. ADMINISTRATIVE PROVISIONS. 
"(a) BOARD.—^The Board shall monitor and supervise the 
administration of the Civilian Commimity Corps Demonstration 
Program authorized to be established under section 195A In carry-
ing out this section, the Board shall— 
"(1) approve such guidelines, recommended by the Director, 
for the design, selection of members, and operation of the 
Civilian Commimity Corps as the Board considers appropriate; 
WCAfi71^ 
V X 
\Ji.a%^ 
\JM. 
CXJ,^ 
C?VI,U.VCXI/X\/X1.CXX 
€M,aaXO\/CLXM\^\^ 
XV/X 
\^A.^%^M.±0\^0 
X ^ 
to in paragraph (3)(B), the information submitted to the 
tor shall include, as a minimum, the academic progr£ 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2529 
"(2) evaluate the progress of the Corps in providing a 
basis for determining the matters set forth in section 195; 
and 
"(3) carry out any other activities determined appropriate 
bv the Board. 
"(b) EXECUTIVE DIRECTOR.—^The Executive Director of the 
Commission on National £md Community Service shall— 
"(1) monitor the overall operation of the Civilian Commu-
nity Corps; 
"(2) coordinate the activities of the Corps with other youth 
service programs administered by the Commission; and 
"(3) carry out any other activities determined appropriate 
by the Board. 
"(c) STAFF.— 
"(1) DIRECTOR.— 
"(A) APPOINTMENT.—^Upon the establishment of the 
Program, the Board, in consultation with the Executive 
Director, shall appoint a Director of the Civilian Commu-
nity Corps. The Director may be selected from among 
retired commissioned officers of the Armed Forces of the 
United States. 
"(B) DUTIES.—The Director shall— 
"(i) design, develop, and administer the Civilian 
Community Corps programs; 
"(ii) be responsible for managing the daily oper-
ations of the Corps; and 
"(iii) report to the Board through the Executive 
Director. 
"(C) AUTHORITY TO EMPLOY STAFF.—^The Director may 
employ such staff as is necessary to carry out this subtitle. 
The Director shall, to the maximum extent practicable, 
utilize in staff positions personnel who are detailed from 
departments and agencies of the Federal (jovemment and, 
to the extent the Director considers appropriate, shall 
request and accept detail of personnel from such depart-
ments and agencies in order to do so. 
"(2) PERMANENT C3ADRE.— 
"(A) ESTABLISHMENT.—The Director shall establish a 
permanent cadre of supervisors and training instructors 
for Civilian Community Corps programs. 
"(B) APPOINTMENT.—The Director shall appoint the 
members of the permanent cadre. 
"(C) EMPLOYMENT CONSIDERATIONS.—In appointing 
individuals to cadre positions, the Director shall— 
"(i) give consideration to retired, discharged, and 
other inactive members and former members of the 
Armed Forces recommended under section 195K(aX2); 
"(ii) give consideration to former VISTA, Peace 
Corps, and youth service program personnel; 
"(iii) ensure that the cadre is comprised of males 
and females of diverse ethnic, economic, professional, 
and geographic backgrounds; and 
(iv) consider applicants' experience in other youth 
service programs. 
"(D) COMMUNITY SERVICE CREDIT.—Service as a mem-
ber of the cadre shall be considered as a commimity service 
opportunity for purposes of section 4403 of the National 
106 STAT. 2530 
PUBLIC LAW 102-484—OCT. 23, 1992 
Defense Authorization Act for Fiscal Year 1993 and as 
emplo^rment with a public service or community service 
organization for purposes of section 4464 of that Act. 
"(E) TRAINING.—^The Director shall provide to members 
of the permanent cadre appropriate training in youth devel-
opment techniques and the principles of service learning. 
All members of the ptermanent cadre shall be required 
to participate in the training. 
"(3) INAPPUCABILITY OF CERTAIN CIVIL SERVICE LAWS.— 
The Director, the members of the permanent cadre, and the 
other staff personnel shall be appointed without regard to the 
provisions of title 5, United States Code, governing appoint-
ments in the competitive service. The rates of pay of such 
persons may be established without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of such title. 
"(4) VOLUNTARY SERVICES.—Notwithstanding any other 
provision of law, the Director may accept the voluntary services 
of individuals. While away from their nomes or regular places 
of business on the business of.the Corps, such individuals 
may be allowed travel expenses, including per diem in Ueu 
of subsistence, in the same amounts and to the same extent, 
as authorized under section 5703 of title 5, United States 
Code, for persons employed intermittently in Federal Govern-
ment service. 
42 use 126531. 
'<SEC. 19SL STATUS OF CORPS MEMBERS AND CORPS PERSONNEL 
UNDER FEDERAL LAW. 
"(a) IN GENERAL.—^Except as otherwise provided in this section, 
members of the Civilian Cfommunity Corps shall not, by reason 
of their status as such members, be considered Federal employees 
or be subject to the provisions of law relating to Federal 
emplovment. 
"(b) WORK-RELATED INJURIES.— 
"(1) IN GENERAL.—^For purposes of subchapter I of chapter 
81 of title 5, United States Coae, relating to the compensation 
of Federal employees for work injuries, members of the Corps 
shall be considered as employees of the United States within 
the meaning of the term 'employee', as defined in section 8101 
of such title. 
"(2) SPECIAL RULE.—In the application of the provisions 
of subchapter I of chapter 81 of title 5, United States Code, 
to a person referred to in paragraph (1), the person shall 
not be considered to be in the performance of duty while absent 
from the person's assigned post of duty unless the absence 
is authorized in accordance with procedures prescribed by the 
Director. 
"(c) TORT CLAIMS PROCEDURE.—A member of the Corps shall 
be considered an employee of the United States for purposes of 
chapter 171 of title 28, United States Code, relating to tort claims 
liability and procedure. 
42 use 12653J. 
"SEC 195J. CONTRACT AND GRANT AUTHORITY. 
"(a) PROGRAMS.—^The Director may, by contract or grant, pro-
vide for any public or private organization to perform any program 
function under this subtitle. 
"(b) EQUIPMENT AND FACILITIES.— 
"(1) FEDERAL AND NATIONAL GUARD PROPERTY.—The Direc-
tor shall enter into agreements, as necessary, with the Sec-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2531 
retary of Defense, the Governor of a State, territory or 
commonwealth, or the commanding general of the District of 
Columbia National Guard, as the case may be, to utiUze— 
"(A) equipment of the Department of Defense and 
equipment of the National Guard; and 
(B) Department of Defense facilities and National 
Guard facilities identified pursuant to section 195K(aX3). 
"(2) OTHER PROPERTY.—^The Director may enter into con-
tracts or agreements for the use of other equipment or facilities 
to the extent practicable to train and house members of the 
Civilian Community Corps and leaders of Corps units. 
'nSEC. 195K. RESPONSmiLrnES OF OTHER DEPARTMENTS. 
42 USC 12653k. 
"(a) SECRETARY OF DEFENSE.— 
*
*
(
1
) LIAISON OFFICE.— 
"(A) ESTABLISHMENT.—Upon the establishment of the 
Program, the Secretary of Defense shall establish an ofi&ce 
to provide for liaison between the Secretary and the 
Civilian Commimity Corps. 
"(B) DUTIES.—The office shall— 
"(i) in order to assist in the recruitment of person-
nel for ai)pointment in the permanent cadre, make 
available to the Director information in the registry 
established by section 4462 of the National Defense 
Authorization Act for Fiscal Year 1993; and 
"(ii) provide other assistance in the coordination 
of Department of Defense activities with the Corps. 
"(2) CORPS CADRE.— 
"(A) LIST OF RECOMMENDED PERSONNEL.—Upon the 
establishment of the Program, the Secretary of Defense, 
in consultation with the liaison office established under 
paragraph (1) shall develop a list of individuals to be rec-
ommended for appointment in the permanent cadre of 
Corps persomiel. Such personnel shall be selected from 
among members and former members of the Armed Forces 
referred to in section 195(3) who are commissioned officers, 
noncommissioned officers, former commissioned officers, or 
former noncommissioned officers. 
"(B) RECOMMENDATIONS REGARDING GRADE AND PAY.— 
The Secretary of Defense shall recommend to the Director 
an appropriate rate of pay for each person recommended 
for the cadre pursuant to this paragraph. 
"(C) CONTRIBUTION FOR RETIRED MEMBER'S PAY.—If a 
listed individu£Q receiving retired or retainer pay is 
appointed to a position in the cadre and the rate of pay 
for that individual is established at the amoimt equal to 
the difference between the active duty pay and allowances 
which that individual would receive if ordered to active 
duty and the amount of the individual's retired or reteiner 
pay, the Secretary of Defense shall pay, by transfer to 
the Commission on National and Commimity Service from 
amounts available for pay of active duty members of the 
Armed Forces, the amount equal to 50 percent of that 
individual's rate of 
pay for service in the cadre. 
"(3) FACIUTIES.—^Upon the establishment of the Program, 
the Secretary of Defense shall identify militery installations 
and other facilities of the Department of Defense and, in con-
59-194 O—93 
24:QL3(Pt3) 
106 STAT. 2532 
PUBLIC LAW 102-484—OCT. 23, 1992 
sultation with the adjutant generals of the State National 
Guards, National Guard facilities that may be used, in whole 
or in part, by the Civilian Community Corps for training or 
housing Corps members. The Secretary of Defense shall carry 
out this paragraph in consultation with the liaison office estab-
lished under paragraph (1). 
"(4) INFORMATION REGARDING CORPS.—^The Secretary of 
Defense may permit Armed Forces recruiters to inform potential 
applicants for the Corps regarding service in the Corps as 
an alternative to service in the Armed Forces. 
"(b) SECRETARY OF LABOR.—^Upon the establishment of the Pro-
gram, the Secretary of Labor shall identify and assist in establishing 
a system for the recruitment of persons to serve as members of 
the Civilian Community Corps. In carrying out this subsection, 
the Secretary of Labor may utilize the Emplo5nnent Service Agency 
or the Office of Job Training. 
42 use 12653/. 
"SEC. 195L. ADVISORY BOARD. 
"(a) ESTABLISHMENT AND PURPOSE.—^Upon the establishment 
of the Program, there shall also be established a Civilian Commu-
nity Corps Advisory Board to advise the Director of the Civilian 
Community Corps concerning the administration of this subtitle 
and to assist in the development and administration of the Corps. 
"(b) MEMBERSHIP.—^The Advisory Board shall be composed of 
the following members: 
"(1) The Secretary of Labor. 
"(2) The Secretary of Defense. 
"(3) The Secretary of the Interior. 
"(4) The Secretary of Agriculture. 
"(5) The Secretary of Education. 
"(6) The Secretary of Housing and Urban Development. 
"(7) The Chief of the National Guard Bureau. 
"(8) Individuals appointed by the Director from among per-
sons who are broadly representative of educational institutions, 
voluntary organizations, industry, youth, and labor unions. 
"(9) The Chair of the Commission on National and Commu-
nity Service. 
"(c) INAPPLICABILITY OF TERMINATION REQUIREMENT.—Section 
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Advisory Board. 
42 use 12653m. 
"SEC. 195M. ANNUAL EVALUATION. 
"Pursuant to the provisions for evaluations conducted imder 
section 179, and in particular subsection (g) of such section, the 
Commission on National and Community Service shall conduct 
an annual evaluation of the Civilian Community Corps programs 
authorized imder this subtitle. 
42 use 12653n. 
"SEC. 195N. FUNDING LIMITATION. 
T h e Commission, in consultation with the Director, shall 
ensure that no amounts appropriated under section 501 are utilized 
to carry out this subtitle. 
42 use 126530. 
«SEC. 1950. DEFINITIONS. 
"In this subtitle: 
"(1) BOARD.—^The term 'Board' means the Board of Direc-
tors of the Commission on National and Community Service. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2533 
**(2) CORPS.—^The terms 'Civilian Community Corps* and 
'Corps' mean the Civilian Community Corps required under 
section 195D as part of the Civilian Commimity Corps Dem-
onstration Program. 
"(3) CORPS CAMP.—^The term 'Corps camp' means the facility 
or central location established as the operational headquarters 
and boarding place for particular Corps units. 
"(4) CORPS MEMBERS.—^The term 'Corps members* means 
persons receiving training and participating in projects vmder 
the Civilian Commimity Uorps Demonstration Program. 
"(5) DIRECTOR.—^The term 'Director* means the Director 
of the Civilian Community Corps. 
"(6) EXECUTIVE DIRECTOR.—The term 'Executive Director' 
means the Executive Director of the Commission on National 
and Community Seirvice. 
"(7) INSTITUTION OF HIGHER EDUCATION.—^The term 'institu-
tion of higher education' has the meaning given that term 
in section 1201(a) of the Higher Education Act of 1965 (20 
U.S.C. 1141(a)). 
"(8) PROGRAM.—^The terms 'Civilian Community Corps 
Demonstration Program' and 'Program' mean the Civilian 
Community Corps Demonstration Program established pursu-
ant to section 195A 
"(9) SERVICE LEARNING.—The term 'service learning', with 
respect to Corps members, means a method— 
"(A) under which Corps members learn and develop 
through active participation in thoughtfully organized serv-
ice experiences that meet actual community needs; 
"(B) that provides structured time for a Corps member 
to think, talk, or write about what the Corps member 
did and saw during an actual service activity; 
"(C) that provides Corps members with opportunities 
to use newly acquired skills and knowledge in real life 
situations in their own communities; and 
"(D) that helps to foster the development of a sense 
of 
caring 
for others, 
good 
citizenship, 
and civic 
responsibility. 
"(10) SUPERINTENDENT.—The term 'superintendent', with 
respect to a Corps camp, means the head of the camp under 
section 195D(d). 
"(11) UNIT.—^The term 'unit' means a unit of the Corps 
referred to in section 195D(c).''. 
(2) TABLE OF CONTENTS.—The table of contents in section 1(b) 
of the National and Community Service Act of 1990 is amended 
by inserting after the item relating to section 190 the following: 
"SUBTITLE H—CIVILIAN CoMMUNmf CORPS 
"Sec. 195. Purpose. 
"Sec. 195A. Establishment of Civilian Community Corps Demonstration Program. 
"Sec. 195B. National service program. 
"Sec. 195C. Summer national service program. 
"Sec. 195D. Civilian Community Corps. 
"Sec. 195E. Training. 
"Sec. 195F. Service projects. 
"Sec. 195G. Authorized benefits for Corps members. 
"Sec. 195H. Administrative provisions. 
"Sec. 1951. Status of Corps members and Corps personnel under Federal law. 
"Sec. 195J. Contract and grant authority. 
"Sec. 195K. Responsibilities of other departments. 
"Sec. 195L. Advisory board. 
106 STAT. 2534 
PUBLIC LAW 102-484—OCT. 23, 1992 
42 use 12653a 
note. 
42 use 12653a 
note. 
'Sec. 195M. Annual evaluation. 
"Sec. 195N. Funding limitation. 
"Sec. 1950. Definitions.". 
G
>
) REPORT AND STUDY REQUIREMENTS.—(1) Not later than 
180 days after the date on which the Commission on National 
Commimity Service establishes the Civilian Community Corps Dem-
onstration Program authorized by section 195A of the National 
and Community Service Act of 1990 (as added by subsection (a)), 
the Commission shall prepare and submit to the appropriate 
committees of Congress a progress report on the implementation 
of the provisions of subtitle H of title I of such Act. The progress 
report shall include an assessment of the activities unoer^Jcen 
in establishing and administering Civilian Community Corps camps 
and an analysis of the level of coordination of Corps activities 
with activities of other departments or agencies of the Federal 
Government. 
(2) Not later than 90 days after the end of the one^ear period 
beginning on the first day of the Civilian Community Corps Dem-
onstration Program established pursuant to section 195A of the 
National and Communi^ Service Act of 1990 (as added by sub-
section (a)), the Board of Directors of the Commission on National 
and Community Service and the Director of the Civilian Community 
Coips shall prepare and submit to the appropriate committees 
of Congress a report concerning the desirability and feasibility 
of establishing the Civilian Community Corps as an independent 
agency of the Federal (jovemment. 
(c) FUNDING.—Of the amounts appropriated for the Department 
of Defense for operation and maintenance in fiscal year 1993 pursu-
ant to the authorization of appropriations m section 301, 
$30,000,000 shall be available for the Civilian Community Corps 
Demonstration Program established pursuant to section 195A of 
the National and Community Service Act of 1990 (as added by 
subsection (a)). 
SEC. 1003. COORDINATION OF PROGRAMa 
(a) COORDINATED ADMINISTRATION.—To the maximum extent 
practicable, the Chief of the National Guard Bureau, the Board 
of Directors and Executive Director of the Commission on National 
and Communitv Service, and the Director of the Civilian Commu-
nity Corps shall coordinate the National Guard Youth Opportunities 
Program established pursuant to section 1091 and the Civihan 
Commimity Corps Demonstration Program established pursuant 
to the authorization contained in section 195A of the National 
and Community Service Act of 1990 (as added by section 1092(a)). 
(b) OBJECTIVES.—^The officials referred to in subsection (a) shall 
ensure that— 
(1) the programs referred to in subsection (a) are conducted 
in such a manner in relationship to each other that the pubUc 
benefit of those programs is maxmiized; 
(2) to the maximum extent appropriate to meet the needs 
of program participants, persons who complete participation 
in the National Guard Youth Opportunities Program and are 
eligible and apphr to participate in the Civilian Community 
Corps imder the Civilian Community Corps Demonstration Pro-
gram are accepted for participation in that Program; and 
(3) the programs referred to in subsection (a) are conducted 
simultaneously in competition with each other in the same 
immediate area of the United States only when the population 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2535 
of eligible participants in that area is sufficient to justify the 
simultaneous conduct of such programs in that area. 
SEC. 1004. OTHER PROGRAMS OF THE COMMISSION ON NATIONAL 
AND COMBfUNTIY SERVICE. 
(a) INCREASED COMMISSION AcnvmES.—It is the purpose of 
this section to increase the ability of the Commission on National 
and Community Service to expand non-residential programs that 
perform worthwhile urban and rural community projects that £U3sist 
m the economic transition of localities afiected bv Department of 
Defense conversion. The Commission may also explore the potential 
for developing a program that would permit members of the Civilian 
Community Corps estabUshed under subtitle H of title I of the 
National and Commimity Service Act of 1990, as added by section 
1092, to provide training to such participants at residential faciUties 
and return them to their local communities for the service portion 
of their period of agreed service. To the extent practicable, such 
effort shall be coordinated with the National Guard Civilian Youth 
Opportunities Pro-am authorized by section 1091 and with the 
Civilian Commumty Coips Demonstration Program established 
pursuant to the authorization contained in section 195A the 
National and Community Service Act of 1990, as added by section 
1092. 
(b) FUNDING AND USE OF FUNDS.—(1) Of the amoimts appro-
priated for the Department of Defense for operation and main-
tenance in fiscal year 1993 pursuant to the authorization of 
appropriations in section 301, $30,000,000 shall be available to 
the Board of Directors of the Commission on Nationsd and Commu-
nity Service for activities under subtitles B, C, D, E, F, and G 
of the National and Community Service Act of 1990 (42 U.S.C. 
12510 et seq.). Such amoimt shall be in addition to, and not a 
substitute for, amounts authorized to be appropriated under section 
501 of such Act (42 U.S.C. 12681). 
(2) In the use of the funds made available under paragraph 
(1), the Commission shall give special consideration to— 
(A) programs located in communities where facilities of 
militaryr installation (as defined in section 2687(eXl) of title 
10, United States Code) have been closed; 
(B) programs that employ retired, inactive, or discharged 
miUtary personnel; 
(C) programs that involve military personnel participating 
in volunteer services; 
(D) programs that test whether a non-residential, commu-
nity based youth service corps can engender in young men 
and women a commitment to civic responsibility and involve-
ment in their communities; 
(E) programs that test whether such non-residential corps 
permit voung people who have received military-based training 
to use their skills and knowledge to improve their communities; 
and 
(F) programs thiat test whether retired, discharged, or inac-
tive members and former members of the Armed Forces can 
play a meaningful role in service-learning by acting £is mentors, 
teachers, coimselors and role models. 
SEC. 109S. LIMITATION ON OBUGATION OF FUNDS. 
(a) CIVILIAN COMMUNITY CORPS DEMONSTRATION PROGRAM.— 
The amoimt made available pursuant to section 1092(c) for the 
106 STAT. 2536 
PUBLIC LAW 102-484—OCT. 23, 1992 
President. 
Reports. 
Army National 
Guard Combat 
Readiness 
Reform Act of 
1992. 
Civilian Community Corps Demonstration Program under subtitle 
H of title I of the National and Community Service Act of 1990 
(as added by section 1092(a)), may be obligated for that program 
only if expenditures for that program have been determined by 
the Director of the Office of Management and Budget to be counted 
against the defense category of the discretionary spending limits 
for fiscal year 1993 (as defined in section 601(aX2) of the Congres-
sional Budget Act of 1974) for purposes of part C of the Balanced 
Budget andEmergency Deficit Cfontrol Act of^l985. 
(b) OTHER COMMISSION ON NATIONAL AND COMMUNITY SERVICE 
PROGRAMS.—^The amount made available pursuant to section 
1094(b) for activities under subtitles B, C, D, E, F, and G of 
the National and Community Service Act of 1990 (42 U.S.C. 12510 
et seq.) may be obligated for such activities only if expenditures 
for such activities have been determined by the Director of the 
Office of Management and Budget to be counted against the defense 
category of the discretionary spending limits for fiscal year 1993 
(as defined in section 601(a)(2) of the Congressional Budget Act 
of 1974) for purposes of part C of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
(c) EFFECT ON APPROPRIATIONS FOR PROGRAMS NOT COUNTED 
AGAINST DEFENSE CATEGORY.—(1) Not later than the third day 
£ifter the date of the enactment of this Act, the Director of the 
Office of Management and Budget shall make a determination 
as to the classification by discretionary spending limit category 
for purposes of the Balanced Budget and Emergency Deficit Control 
Act of 1985 of amounts appropriated for fiscal year 1993 under 
section 301 and made available for the Civilian Community Corps 
Demonstration Program under subtitle H of title I of the National 
and Community Service Act of 1990 (as added by section 1092(a)) 
or for activities under subtitles B, C, D, E, F, and G of such 
Act. If the Director determines that any such amount shall not 
classify against the defense categonr (as described in subsections 
(a) and (b)), then the President shall submit to Congress a report 
stating that the Director has made such a determination and 
containing the amounts that will not classify against the defense 
category and an explanation for the determination. 
(2) The amounts listed in the report under paragraph (1) may 
be transferred only to the programs under title III that are classifiea 
against the defense category pursuant to amounts specified in 
appropriation Acts. Any such transfer shall be taken into account 
for purposes of calculating all reports imder section 254 of the 
Balanced Budget and Emergency Deficit Control Act of 1985. 
TITLE XI—ARMY GUARD COMBAT REFORM INITIATIVE 
SEC. 1101. SHORT TITLE. 
This title may be cited as the "Army National Guard Combat 
Readiness Reform Act of 1992". 
Subtitle A—Deployability Enhancements 
10 u s e 3077 
SEC. 1111. MINIMUM PERCENTAGE OF PRIOR ACTIVE-DUTY PERSON-
note. 
NEL. 
(a) ESTABLISHMENT OF MINIMUM PERCENTAGE.—The Secretary 
of the Army shall have an objective of increasing the percentage 
of qualified prior active-duty personnel in the Army National Guard 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2537 
to 65 percent, in the case of officers, and to 50 percent, in the 
case of enlisted members, by September 30,1997. 
(b) INTERIM ACCESSION PERCENTAGES.—The Secretary shall 
Regulations. 
prescribe regulations establishing for each of fiscal years 1993 
through 1997 an accession percentage for officers, and a separate 
accession percentage for enlisted members, for prior active-duty 
personnel so as to facilitate compliance with the objectives stated 
m subsection (a). 
(c) QUALIFIED PRIOR ACTIVE-DUTY PERSONNEL.—For purposes 
of this section, qualified prior active-duty personnel are members 
of the Army National Guard with not less than two years of active 
duty. 
(d) DEADLINE FOR REGULATIONS.—The regulations required by 
subsection (a) shall be prescribed not later than March 15, 1993. 
The Secretary shall submit those regulations to the Committees 
on Armed Services of the Senate and House of Representatives 
not later than April 1,1993. 
SEC. 1112. SERVICE IN SELECTED RESERVE IN LIEU OF ACTIVE-DUTY 
SERVICE. 
(a) ACADEMY GRADUATES AND DISTINGUISHED R O T C 
GRAD-
UATES TO SERVE IN SELECTED RESERVE FOR PERIOD OF ACTIVE-
DUTY SERVICE OBLIGATION NOT SERVED ON ACTIVE DUTY.—(1) An 
officer who is a graduate of one of the service academies or who 
was commissioned as a distinguished Reserve Officers' Training 
Corps graduate and who is permitted to be released from active 
duty before the completion of the active-duty service obligation 
applicable to that officer shall serve the remaining period of such 
active-duty service obligation as a member of the Selected Reserve. 
(2) The Secretary concerned may waive paragraph (1) in a 
case in which the Secretary determines that there is no unit position 
available for the officer. 
(b) ROTC GRADUATES.—The Secretary of the Army shall pro-
vide a program under which graduates of the Reserve Officers' 
Training Corps program may perform their minimum period of 
obligated service by a combination of (A) two years of active duty, 
and (B) such additional period of service as is necessary to complete 
the remainder of such obligation, to be served in the National 
Guard. 
SEC. 1113. REVIEW OF OFFICER PROMOTIONS BY COMMANDER OF 
ASSOCIATED ACTIVE DUTY UNIT. 
(a) REVIEW.—^Whenever £in officer in an Army National Guard 
unit as defined in subsection (b) is recommended for a unit vacancy 
promotion to a grade above first lieutenant, the recommended pro-
motion shall be reviewed by the commander of the active duty 
unit associated with the National Guard unit of that officer or 
another active-duty officer designated by the Secretary of the Army. 
The commander or other active-duty officer designated by the Sec-
retary of the Army shall provide to the promoting authority, through 
the promotion board convened by the promotion authority to con-
sider unit vacancy promotion candidates, before the promotion is 
made, a recommendation of concurrence or nonconcurrence in the 
promotion. The recommendation shall be provided to the promoting 
authority within 60 days after receipt of notice of the recommended 
promotion. 
(b) IMPLEMENTATION.—Subsection (a) shall take effect— 
106 STAT. 2538 
PUBLIC LAW 102-484—OCT. 23, 1992 
(1) on April 1, 1993, for officers in Army National Guard 
units that on that date are designated as round-out/round-
up units; 
(2) on October 1, 1993, for officers in other units of the 
Army National Guard in the Selected Reserve of the Ready 
Reserve that are designated as early deploying units; and 
(3) on April 1, 1994, for officers in all other Army National 
Guard combat units. 
(c) REPORT ON FEASIBILITY.—The Secretary of the Army shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report, not later than March 1, 1993, 
containing a plan for implementation of subsection (a). The Sec-
retary may include with the report such proposals for legislation 
to clarify, improve, or modify the provisions of subsection (a) in 
order to better carry out the purposes of those provisions as the 
Secretary considers appropriate. 
SEC. 1114. NONCOMMISSIONED OFFICER EDUCATION REQUIREMENTS. 
(a) NONWAIVABILITY.—^Any standard prescribed by the Sec-
retary of the Army establishing a military education requirement 
for noncommissioned officers that must be met as a requirement 
for promotion to a higher noncommissioned officer grade may be 
waived only if the Secretary determines that the waiver is necessary 
in order to preserve unit leadership continuity under combat 
conditions. 
(b) AVAILABILITY OF TRAINING POSITIONS.—^The Secretary of 
the Army shall ensure that there are sufficient training positions 
available to enable compliance with subsection (a). 
SEC. 1115. INITIAL ENTRY TRAINING AND NONDEPLOYABLE PERSON-
NEL ACCOUNT. 
(a) ESTABLISHMENT OF PERSONNEL ACCOUNT.—^The Secretary 
of the Army shall establish a personnel accounting category for 
members of the Army National Guard to be used for categorizing 
members of the National Guard who have not completed the mini-
mum training required for deployment or who are otherwise not 
available for deployment. The account shall be designed so that 
it is compatible with the decentralized personnel systems of the 
Army Guard and Reserve. The account shall be used for the report-
ing of personnel readiness and may not be used as a factor in 
establishing the level of Army Guard and Reserve force structure. 
(b) USE OF ACCOUNT,—^Until a member of the Army National 
Guard has completed the minimum training necessary for deploy-
ment, the member may not be assigned to fill a position in a 
National Guard unit but shall be carried in the account established 
under subsection (a). 
(c) TIME FOR QUALIFICATION FOR DEPLOYMENT.—(1) If at the 
end of 24 months after a member of the Army National Guard 
enters the National Guard, the member has not completed the 
minimum training required for deployment, the member shall be 
discharged from the Army National Guard. 
(2) The Secretary of the Army may waive the requirement 
in paragraph (1) in the case of health care providers and in other 
cases determined necessary. The authority to make such a waiver 
may not be delegated. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2539 
SEC. 1116. MiraMUM PHYSICAL DEPLOYABIUTY STANDARDS. 
The Secretanr of the Army shall transfer the personnel classi-
fication of a member of the Army National Guard from the National 
Guard unit of the member to the personnel account established 
pursuant to section 1115 if the member does not meet minimiun 
physical profile standards required for deployment. Any such trans-
fer shall be made not later than 90 days after the date on which 
the determination that the member does not meet such standards 
is made. 
SEC. 1117. MEDICAL ASSESSMENTS. 
The Secretary of the Armv shall require that— 
(1) each member of the Army National Guard imdergo 
a meidical and dental screening on an annual basis; and 
(2) each member of the Army National Guard over the 
age of 40 undergo a fiill physical examination not less often 
than every two years. 
SEC. 1118. DENTAL READINESS OF MEMBERS OF EARLY DEPLOYING 
UNITS. 
(a) DEVELOPMENT OF PLAN.—The Secretary of the Army shall 
develop a plan to ensure that units of the Araiy National Guard 
schediiled for early deployment in the event of a mobilization (as 
determined by the Secretaiy) are dentally ready (as defined in 
regulations of the Secretary) for deplojnnent. 
(b) REPORT.—^The Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report on such plan not later than February 15, 1993. The 
Secretary shall include in the report any legislative proposals that 
the Secretary considers necessary in order to implement the plan. 
SEC. 1119. COMBAT UNIT TRAINING. 
The Secretary of the Army shall establish a program to mini-
mize the post-mooilization training time required for combat units 
of the Army National Guard. The program shall require— 
(1) that unit premobilization training emphasize— 
(A) individual soldier qualification and training; 
(B) collective training and qualification at the crew, 
section, team, and squad level; and 
(C) maneuver training at the platoon level as required 
of all Army units; and 
(2) that combat training for command and stafi" leadership 
include annual multi-echelon training to develop battalion, bri-
gade, and division level skills, as appropriate. 
SEC. 1120. USE OF COMBAT SIMULATORS. 
The Secretary of the Army shall expand the use of simulations, 
simulators, and advanced training devices and technologies in order 
to increase training opportiuiities for members and units of the 
Army National Guard. 
Subtitle B—Assessment of National Guard Capability 
SEC. 1121. DEPLOYABUJTY RATING SYSTEM. 
The Secretary of the Army shall modify the readiness rating 
system for units of the Army Reserve and Army National Guard 
to ensure that the rating system provides an accurate assessment 
of the deployability of a unit ana those shortfalls of a unit that 
106 STAT. 2540 
PUBLIC LAW 102-484—OCT. 23, 1992 
require the provision of additional resources. In making such modi-
fications, the Secretary shall ensure that the unit readiness rating 
system is designed so— 
(1) that the personnel readiness rating of a unit reflects— 
(A) both the percentage of the overall personnel 
requirement of the unit that is manned and deployable 
and the fill and deployability rate for critical occupational 
specialties necessary for the unit to carry out its basic 
mission requirement; and 
(B) the number of personnel in the unit who are quali-
fied in their primary militai^ occupational specialty; and 
(2) that the equipment readiness assessment of a unit— 
(A) documents all equipment required for deployment; 
(B) reflects only that equipment that is directly pos-
sessed by the imit; 
(C) specifies the effect of substitute items; cmd 
(D) assesses the effect of missing components and sets 
on the readiness of major equipments items. 
SEC. 1122. INSPECTIONS. 
Section 105 of title 32, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking out "may" in the matter preceding 
paragraph (1) and inserting in lieu thereof "shall"; 
(B) by striking out 
and" at the end of paragraph 
(5); 
(C) by striking out the period at the end of paragraph 
(6) and inserting in lieu thereof "; and"; and 
(D) by inserting after paragraph (6) the following: 
"(7) the units of the Army National Guard meet require-
ments for deployment."; and 
(2) in subsection (b), by inserting "; and for determining 
which units of the National Guard meet deployability stand-
ards" before the period. 
Subtitle C—Compatibility of Guard Units With Active 
Component Units 
SEC. 1131. ACTIVE DUTY ASSOCIATE UNIT RESPONSmiUTY. 
(a) ASSOCIATE UNITS.—^The Secretary of the Army shall require 
that each National Guard combat unit of the Army National Guard 
be associated with an active-duty combat imit. 
(b) RESPONSIBILITIES.—^The commander (at a brigade or higher 
level) of the associated active duty unit for any National Guard 
combat imit shall be responsible for— 
(1) approving the training program of the National Guard 
unit; 
(2) reviewing the readiness report of the National Guard 
imit; 
(3) assessing the manpower, equipment, and training 
resources requirements of the National Guard unit; and 
(4) validating, not less often than annually, the compatibil-
ity of the National Guard unit with the active duty forces. 
(c) IMPLEMENTATION.—^The Secretary of the Army shall begin 
to implement subsection (a) during fiscal year 1993 and shall 
achieve full implementation of the plan not later than October 
1,1995. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2541 
SEC. 1132. TRAINING COMPATIBILnY. 
Section 414(c) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (105 Stat. 1353) is amended by adding lo use 261 note. 
at the end the following new paragraph: 
"(4) After SeptenAer 30, 1994, not less than 3,000 warrant 
officers and enlisted members in addition to those assigned under 
paragraph (2) shall be assigned to serve as advisers imder the 
program.". 
SEC. 1133. SYSTEMS COMPATmiLITY. 
(a) COMPATIBILITY PROGRAM.—^The Secretary of the Army shall 
develop and implement a program to ensure that Army personnel 
systems. Army supply systems. Army maintenance management 
systems, and Army finance systems are compatible across all Army 
components. 
(b) REPORT.—Not later than September 30, 1993, the Secretary 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report describing the program 
under subsection (a) and setting forth a plan for implementation 
of the program by the end of fiscal year 1997. 
SEC. 1134. EQUIPMENT COMPATmiLITY. 
Section 115b(b) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(8) A statement of the current status of the compatibility 
of equipment between the Army reserve components and active 
forces of the Army, the effect of that level of incompatibility 
on combat effectiveness, and a plan to achieve full equipment 
compatibility.". 
SEC. 1135. DEPLOYMENT PLANNING REFORM. 
(a) REQUIREMENT FOR PRIORITY SYSTEM.—The Secretary of the 
Army shall develop a system for identifying the priority for mobiliza-
tion of Army reserve component units. The priority system shall 
be based on regional contingency planning requirements and doc-
trine to be integrated into the Army war planning process. 
(b) UNIT DEPLOYMENT DESIGNATORS.—The system shall include 
the use of Unit Deployment Designators to specify the post-mobiliza-
tion training days allocated to a unit before deplojonent. The Sec-
retary shall specify standard designator categories in order to group 
units according to the timing of deployment after mobilization. 
(c) USE OF DESIGNATORS.—(1) The Secretary shall establish 
procedures to link the Unit Deplojrment Designator system to the 
process by which resources are provided for National Guard imits. 
(2) The Secretary shall develop a plan that allocates greater 
funding for training, full-time support, equipment, and manpower 
in excess of 100 percent of authorized strength to units assigned 
unit deplojrment designators that allow fewer post-mobilization 
training days. 
(3) The Secretaiy shall establish procedures to identify the 
command level at which combat units would, upon deployment, 
be integrated with active component forces consistent with the 
Unit Deplojnnent Designator system. 
SEC. 1136. QUALIFICATION FOR PRIOR-SERVICE ENUSTMENT BONUS. 
Section 308i(c) of title 37, United States Code, is amended 
by striking out the period at the end and inserting in lieu thereof 
"and may not be paid a bonus under this section unless the specialty 
106 STAT. 2542 
PUBLIC LAW 102-484—OCT. 23, 1992 
associated with the position the member is projected to occupy 
is a specialty in which the member successfully served while on 
active duty and attained a level of qualification commensurate 
with the member's grade and years of service.". 
SEC. 1137. STUDY OF IMPLEMENTATION FOR ALL RESERVE COMPO-
NENTS. 
The Secretary of Defense shall conduct an assessment of the 
feasibility of implementing the provisions of this title for all reserve 
Reports. 
components. Not later than December 31, 1993, the Secretary shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report containing a plan for such 
implementation. 
TITLE Xn—SUPPLEMENTAL AUTHORIZATION OF 
APPROPRIATIONS 
Subtitle A—Operation Desert Storm 
SEC. 1201. EXTENSION OF SUPPLEMENTAL AUTHORIZATIONS FOR 
OPERATION DESERT STORM. 
Sections 101, 102(c), and 106 of Public Law 102-25 (105 Stat. 
78) are each amended by striking out "fiscal years 1991 and 1992" 
each place it appears and inserting in lieu thereof "fiscal years 
1991,1992, and 1993". 
SEC. 1202. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
1992. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Department of Defense for fiscal year 
1992 in accordance with subsection (a) of section 101 of Public 
Law 102-25 (105 Stat. 78), to be available imder subsection (bXD 
of such section, the sum of $429,000,000 for military personnel 
as follows: 
(1) ARMY.—For the Army, $399,000,000. 
(2) NAVY.—For the Navy, $30,000,000. 
(b) INCREASED LIMITATION ON AUTHORITY FOR TRANSFER OF 
FISCAL YEAR 1992 AUTHORIZATIONS.—The total amount of the trans-
fer authority provided for the Secretary of Defense for fiscal year 
1992 in Public Law 102-190 or any other Act is increased by 
the amounts of the funds appropriated pursuant to subsection (a) 
that are transferred to fiscal year 1992 appropriations accounts 
pursuant to sections 101 and 102(c) of Ftiblic Law 102-25, as 
amended by section 1201. 
SEC. 1203. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
1993. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Department of Defense for fiscal year 
1993 in accordance with subsection (a) of section 101 of Public 
Law 102-25 (105 Stat. 78), to be available under subsection (b) 
of such section, the sum of $87,700,000 for military personnel 
as follows* 
(i) ARMY.—For the Army, $29,300,000. 
(2) NAVY.—For the Navy, $35,300,000. 
(3) MARINE CORPS.—For the Marine Corps, $3,100,000. 
(4) AIR FORCE.—For the Air Force, $20,000,000. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2543 
(b) INCREASED LIMITATION ON AUTHORITY FOR TRANSFER OF 
FISCAL YEAR 1993 AUTHORIZATIONS.—The amount of the transfer 
authority provided in section 1001 is increased by the amounts 
of the funds appropriated pursuant to subsection (a) that are trans-
ferred to fiscal year 1993 appropriations accounts pursuant to sec-
tions 101 and 102(c) of Public Law 102-25, as amended by section 
1201. 
SEC. 1204. RELATIONSHIP TO OTHER AUTHORIZATIONS. 
The authorizations of appropriations in sections 1202 and 1203 
are in addition to the amounts otherwise authorized to be appro-
priated to the Department of Defense for fiscal year 1992 and 
for fiscal year 1993 by any other provision of this Act or by any 
other Act enacted before the date of the enactment of this Act. 
Subtitle B—Hurricane Andrew and Tjrphoon Omar 
SEC. 1211. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS 
FOR FISCAL YEAR 1992. 
(a) AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS.—^There 
is authorized to be appropriated for fiscal year 1992 to cover the 
incremental costs arising from the consequences of Hurricane 
Andrew and Typhoon Omar $529,300,000 as follows: 
(1) For Militarv Personnel: 
(A) For the Navy, $10,700,000. 
(B) For the Air Force, $58,200,000. 
(C) For the Air Force Reserve, $8,800,000. 
(D) For the Air National Guard, $1,900,000. 
(2) For Operation and Maintenance: 
(A) For the Army, $1,400,000. 
(B) For the Navy, $142,900,000. 
(C) For the Air Force, $228,000,000. 
(D) For the Defense Agencies, $31,500,000. 
(E) For the Army Reserve, $3,300,000. 
(F) For the Air Force Reserve, $13,200,000. 
(G) For the Army National Guard, $1,400,000. 
(H) For the Air National Guard, $2,000,000. 
(3) For Military Construction: 
(A) For the Air Force inside the United States, 
$10,000,000. 
(B) For the Air Force for family housing inside the 
United States, $16,000,000. 
(b) AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIA-
TIONS.—There is authorized to be appropriated for fiscal year 1992 
to cover the incremental costs arising from the consequences of 
Hurricane Andrew and Tjrphoon Omar $263,530,000 as follows: 
(1) For military construction for the Navy outside the 
United States, $81,530,000. 
(2) For military construction for the Air Force inside the 
United States, $66,000,000. 
(3) For military construction for the Air Force outside the 
United States, $7,600,000. 
(4) For family housing for the Navy outside the United 
States, $87,200,000. 
(5) For family housing for the Air Force outside the United 
States, $21,200,000. 
106 STAT. 2544 
PUBLIC LAW 102-484—OCT. 23, 1992 
(c) EMERGENCY DESIGNATION.—The authorization of appropria-
tions in subsection (b) are effective only to the extent that the 
appropriations are designated by the Congress as emergency appro-
priations for all purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985 in an appropriations Act. 
TITLE XIII—MATTERS RELATING TO ALLIES AND OTHER 
NATIONS 
Subtitle A—^Burdensharing 
SEC. 1301. OVERSEAS BASING ACnvmES. 
(a) FUNDING REDUCTIONS.—(IXA) The total amount appro-
priated to the Department of Defense for operation and maintenance 
and for military construction (including NATO Infrastructure) that 
is obligated to conduct overseas basing activities during fiscal year 
1993 may not exceed the amount equal to the baseline for fiscal 
year 1993 reduced by $500,000,000. 
(B) For purposes of subparagraph (A), the baseline for fiscal 
year 1993 is the sum of the amounts of the overseas funding 
estimates specified for such year for Operation and Maintenance; 
Family Housing, Operations; Family Housing, Construction; and 
Military Construction (including NATO Infrastructure) set forth 
on page 8 of the report of the Department of Defense dated January 
1992, and entitled "Amended FY 1992/FY 1993 Biennial Budget 
Estimates for Defense Overseas Funding and Dependent Overseas 
Funding". 
(2) It is the sense of Congress that the amounts obligated 
to conduct overseas basing activities should decline significantly 
in fiscal years 1994,1995, and 1996 as— 
(A) the number of United States military personnel sta-
tioned overseas is reduced in conformance with the provisions 
of section 1302 and the amendment made by section 1303; 
and 
(B) the countries to which subsection (eXD and (eX2) apply 
assume an increased share of the costs of United States military 
installations in those countries. 
(b) DEFINITION.—In this section, the term "overseas basing 
activities'* means the activities of the Department of Defense for 
which funds are provided through appropriations for operation and 
maintenance, including appropriations for family housing oper-
ations, and for military construction (including family housing 
construction and NATO Infrastructure) for the payment of costs 
for Department of Defense overseas military imits and the costs 
for all dependents who accompany Department of Defense personnel 
outside the United States. 
(c) OFFSETS.—Reductions for purposes of subsection (a) in 
obligations of appropriated funds for overseas basing activities may 
be offset by either or a combination of the following: 
(1) Increase in the level of host-nation support due to 
agreements reached under subsection (e) or otherwise. 
(2) Accelerated withdrawal of United States forces or equip-
ment under the provisions of section 1302 and the amendment 
made by section 1303. 
(d) ALLOCATIONS OF SAVINGS.—The savings realized as a result 
of the reductions for purposes of subsection (a) will be allocated 
for operation and maintenance and military construction activities 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2545 
of the Department of Defense at military installations and facilities 
located inside the United States. 
(e) 
DEFENSE BURDENSHARING AGREEMENTS FOR INCREASED 
HOST NATION SUPPORT.—(1) In order to achieve additional savings 
in fiscal year 1994 and in future fiscal years, the President should 
enter into a revised host-nation agreement with each foreign country 
described in paragraph (3XA). 
(2) For purposes of paragraph (1), a revised host-nation agree-
ment is an agreement under which such foreign country, on or 
before September 30,1994— 
(A) assumes an increased share of the costs of United 
States military installations in that country, including the costs 
of— 
(i) labor, utilities, and services; 
(ii) military construction projects and real property 
maintenance; 
(iii) leasing requirements associated with United States 
military presence; and 
(iv) actions necessary to meet local environmental 
standards; 
(B) relieves the Armed Forces of the United States of 
all tax liability that, with respect to forces located in such 
country, is incurred by the Armed Forces under the laws of 
that country and the laws of the community where those forces 
are located; and 
(C) ensures that goods and services furnished in that coun-
try to the Armed Forces of the United States are provided 
at minimum cost and without imposition of user fees. 
(3XA) Except as provided in subparagraph (B), paragraph (1) 
applies with respect to— 
(i) each country of the North Atlantic Treaty Organization 
(other than the United States); and 
(ii) each other foreign country with which the United States 
has a bilateral or multilateral defense agreement that provides 
for the assignment of combat units of the Armed Forces of 
the United States to permanent duty in that coimtry or the 
placement of combat equipment of the United States in that 
country. 
(B) Paragraph (1) does not apply with respect to— 
(i) a foreign country that receives assistance under section 
23 of the Arms Export Control Act (22 U.S.C. 2673) (relating 
to the foreign military financing program) or under the provi-
sions of chapter 4 of part II of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2346 et seq.); or 
(ii) a foreign coimtry that has agreed to assume, not later 
than September 30, 1996, at least 75 percent of the non-person-
nel costs of United States military installations in that country. 
SEC. 1302. OVERSEAS MILITARY END STRENGTH. 
10 USC 113 note. 
(a) REDUCTION IN UNITED STATES FORCE LEVELS ABROAD.— 
On and after September 30, 1996, no appropriated funds may 
be used to support an end strength level of members of the Armed 
Forces of the United States assigned to permanent duty ashore 
in nations outside the United States at any level in excess of 
60 percent of the end strength level of such members on September 
30,1992. 
106 STAT. 2546 
PUBLIC LAW 102-484—OCT. 23, 1992 
(b) EXCEPTIONS.—(1) Subsection (a) shall not apply in the event 
of a declaration of war or an armed attack on any member nation 
of the North Atlantic Treaty Organization, Japan, the Republic 
of Korea, or any other ally of the United States. 
(2) The President may waive the operation of subsection (a) 
if the President declares an emergency and immediately notifies 
Congress. 
SEC. 1303. REDUCTION IN THE AUTHORIZED END STRENGTH FOR 
MILITARY PERSONNEL IN EUROPE. 
(a) REDUCED END STRENGTH.—Subsection (cXD of section 1002 
of the National Defense Authorization Act, 1985 (22 U.S.C. 1928 
note), is amended by striking out "235,700" in the first sentence 
and all that follows and inserting in lieu thereof "100,000.". 
22 use 1928 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1,1995. 
note. 
10 use 113 note. SEC. 1304. REPORTS ON OVERSEAS BASING. 
(a) ANNUAL REPORT.—^The Secretary of Defense shall, not later 
than March 31 of each year through 1997, submit to the Committees 
on Armed Services of the Senate and House of Representatives, 
either separately or as part of another relevant report, a report 
that specifies— 
(1) the stationing and basing plan for United States mili-
tary forces outside the United States; 
(2) the status of closiires of United States military installa-
tions located outside the United States; 
(3) the schedule for the negotiation of such closures; 
(4) the potential savings to the United States resulting 
from such closures; 
(5) the potential amount of receipts from residual value 
negotiations; and 
(6) efforts and progress toward achieving host nation offsets 
under section 1301(e) and reduced end strength levels under 
section 1302. 
(b) REPORT ON BUDGET IMPLICATIONS OF OVERSEAS BASING 
AGREEMENTS.—^Whenever the Secretary of Defense enters into a 
basing agreement between the United States and a foreign country 
with respect to United States military forces outside the United 
States, the Secretary of Defense shall, in advance of the signing 
of the agreement, submit to the congressional defense committees 
a report on the Federal budget implications of the agreement. 
SEC. 1305. BURDENSHARING CONTRIBUTIONS BY KUWAIT. 
(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Section 1045 
of 
the National Defense Authorization Act for Fiscal Years 1992 and 
1993 (Public Law 102-190; 105 Stat. 1465) is amended in sub-
sections (a) and (f) by inserting ", Kuwait," after "Japan". 
(b) AVAILABILITY OF CONTRIBUTIONS.—Subsection (c) of such 
section is amended by striking out "in the coimtry making the 
contributions". 
(c) CLERICAL AMENDMENT.—^The heading of such section is 
amended to read as follows: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2547 
'^SEC. 104S. BURDENSHARING CONTIUBUTlONS BY JAPAN, KUWAIT, 
AND THE REPUBUC OF KOREA.". 
Subtitle B—Cooperative Agreements and Other Matters 
Concerning Allies 
SEC. 1311. COOPERATIVE MILITARY AIRLIFT AGREEMENTS. 
(a) 
LIQUIDATION 
OF CREDITS 
AND LIABILITIES.—Section 
2350c(aX2) of title 10, United States Code, is amended by striking 
out all after "liquidated" and inserting in lieu thereof "as agreed 
upon by the parties. Liquidation shall be either by direct pajrment 
to the country that has ]}rovided the greater amount of transpor-
tation or by the providing of in-kind transportation services to 
that country. The liquidation shall occur on a regular basis, but 
not less often than once every 12 months.". 
(b) COUNTRIES ELIGIBLE FOR COOPERATIVE AGREEMENTS.—Sec-
tion 2350c(eXl) of such title is amended by striking out "or New 
Zealand" and inserting in lieu thereof ", New 2iealand, Japan, 
and the Republic of Korea". 
SEC. 1312. COOPERATIVE AGREEMENTS WITH ALLIES. 
(a) ACQUISITION OF LOGISTICS SUPPORT, SUPPLIES, AND SERV-
ICES FROM ALLIES.—Section 2341 of title 10, United States Code, 
is amended— 
(1) in paragraph (1), by striking out "in Europe and adja-
cent waters" and inserting in lieu thereof "outside the United 
States"; and 
(2) in paragraph (2)— 
(A) by striking out "in which elements of the armed 
forces are deployed (or are to be deployed)"; and 
(B) by striking out "in such country or in the military 
region in which such country is located" and inserting 
in lieu thereof "outside the United States". 
(b) LIMITATIONS ON AMOUNTS THAT MAY B E OBLIGATED OR 
ACCRUED BY THE UNITED STATES.—Section 2347 of title 10, United 
States Code, is amended— 
(1) in subsection (aXl)— 
(A) by striking out "North Atlantic Treaty Organiza-
tion" and inserting in lieu thereof "armed forces"; and 
(B) by inserting "with other member countries of the 
North Atlantic Treaty Organization and subsidiary bodies 
of the North Atlantic Treaty Organization" after "(before 
the computation of ofiTsetting balances)"; 
(2) in subsection (aX2)— 
(A) by striking out "in the military region affecting" 
and inserting in lieu thereof "involving the armed forces, 
the total amount of reimbursable liabilities that the United 
States may accrue under this subchapter (before the com-
putation of offsetting balances) with"; and 
(B) by striking out "the total amount of reimbursable 
liabilities that the United States mav accrue under this 
subchapter (before the computation of offsetting balances) 
with such country"; 
(3) in subsection (bXl)— 
(A) by striking out "North Atlantic Treaty Organiza-
tion" ana inserting in lieu thereof "armed forces^; and 
106 STAT. 2548 
PUBLIC LAW 102-484—OCT. 23, 1992 
(B) by inserting "with other member countries of the 
Nortii Atlantic Treaty Organization and subsidiary bodies 
of the North Atlantic Treaty Organization" after "(before 
, the computation ofoffsetting balances)"; and 
(4) in suDsection (bX2)— 
(A) by strikinjB^ out "in the military region affecting 
a country referrecTto in paragraph (1) and inserting in 
lieu thereof "involving the armed forces"; and 
(B) by striking out "from such country (before the 
computation of offsetting balances)" and inserting in Ueu 
thereof "(before the computation of offsetting balances) with 
a country which is not a member of the North Atlantic 
Treaty (organization, but with which the United States 
has one or more acquisition or cross-servicing agreements". 
10 use 2341 
(c) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall take effect on the date of enactment of this Act and shall 
apply to acquisitions of logistics support, supplies, and services 
under chapter 138 of title 10, United States Code, that are initiated 
on or after the date of enactment of this Act. 
SEC. 1313. AUTHORITY FOR GOVERNMENT OF OMAN TO RECEIVE 
EXCESS DEFENSE ARTICLES. 
Section 516(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j(a)) is amended— 
(1) by inserting "(1)" after "may transfer"; 
(2) by striking "structure and" and inserting "structure, 
(2)"; 
(3) by inserting "and (3) to those countries which, as of 
October 1, 1990, contributed armed forces to deter Iraqi aggres-
sion in the Arabian Gulf, and which either received Foreign 
Military Financing (FMF) assistance in fiscal year 1990 or 
are in the Near East Region and received Foreign Military 
Financing (FMF) assistance in fiscal year 1991," adrter "south-
eastern flank of NATO which are eligible for United States 
security assistance,"; and 
(4) by striking "and those co'mtries which received Foreign 
Military Financing (FMF) assistance in fiscal year 1990 and 
which, as of October 1, 1990, contributed armed forces to deter 
Iraqi aggression in the Arabian Gulf,". 
SEC. 1314. REPORT ON POSSIBLE REVISIONS TO THE NORTH ATLAN-
TIC TREATY. 
(a) FINDINGS.—The Congress finds that^-
(1) when the North Atlantic Treaty was signed in 1949, 
the clecu: military threat to the security of Western Europe 
was the Soviet Union and its allies in Eastern Europe; 
(2) since 1949 it has been clearly understood bv thepeople 
of the Western World that the primary mission of NATO was 
to deter an atteck from the Soviet Bloc; 
(3) the dramatic changes in Europe since the fall of the 
Berlin Wall in 1989, and the subsequent dissolution of the 
Warsaw Pact and the Soviet Union have fundamentally 
changed the security situation in Europe; 
(4) one of the consequences of the breakdown of 40 years 
of Commimist rule in Eastern Europe and the former Soviet 
Union has been ethnic conflict throughout the region, particu-
larly in the Balkans and the Republics of the former Soviet 
Union; 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2549 
(5) those fundamental changes in the security threats fac-
ing NATO member nations have caused confusion concerning 
the mission of NATO in the post-cold war world and the role 
of NATO military forces outsiae of the NATO Theater, particu-
larly in the former Soviet Union; 
(6) if NATO is to continue to be relevant to the security 
interests of Western Europe and North America through the 
1990's and beyond, the alliance's mission must be recrafted 
in order to enable it to address common transatlantic security 
concerns, including those beyond NATO's geographic bound-
aries; and 
(7) a fundamental review of the North Atlantic Treaty 
is necessary, in light of the new security situation in Europe. 
(b) REPORT.—Not later than April 1, 1993, the President shall President, 
submit to Congress a report on the North Atlantic Treaty of 1949. 
The report shall include— 
(1) a detailed analysis of the forseeable threats to the 
security of NATO member nations; 
(2) a determination whether the North Atlantic Treaty 
of 1949 should be revised to meet the future challenges to 
peace and security; and 
(3) the extent to which the NATO charter permits the 
use of NATO forces for peacekeeping purposes, given the stead-
ily increased use of military lorces for such purposes, and 
the range of missions that should be considered for such peace-
keeping to protect the interests of member nations 
Subtitle C—^Matters Relating to the Former Soviet Union 
and Eastern Europe 
SEC. 1321. NUCLEAR WEAPONS REDUCTION. 
22 USC 5901 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) On February 1,1992, the President of the United States 
and the President of the Russian Federation agreed in a Joint 
Statement that "Russia and the United States do not regard 
each other as potential adversaries" and stated fiuther that, 
*
*
W
e will work to remove any remnants of cold war hostility, 
including taking steps to reduce our strate^c arsenals". 
(2) In the Treaty on the Non-Proliferation of Nuclear Weap-
ons, in exchange for the non-nuclear-weapon states agreeing 
not to seek a nuclear weapons capability nor to assist other 
non-nuclear-weapon states in doing so, the United States agreed 
to seek the complete elimination of all nuclear weapons world-
wide, as declared in the preamble to the Treaty, which states 
that it is a goal of the parties to the Treaty to "facilitate 
the cessation of the manufacture of nuclear weapons, the liq-
uidation of all their existing stockpiles, and the elimination 
from national arsenals of nuclear weapons and the means of 
their delivenr" as well as in Article VI of the Treaty, which 
states that each of the parties to the Treaty undertakes to 
pursue negotiations in good faith on effective measures relating 
to the cessation of the nuclear arms race at an early date 
and to nuclear disarmament". 
(3) Carrying out a policy of seeking further significant 
and continuous reductions in the nuclear arsenals of all coun-
tries, besides reducing the likelihood of the proliferation of 
nuclear weapons and mcreasing the likelihood of a successful 
106 STAT. 2550 
PUBLIC LAW 102-484—OCT. 23, 1992 
extension and possible strengthening of the Treaty on the Non-
Proliferation of Nuclear Weapons in 1995, when the Treaty-
is scheduled for review and possible extension, has additional 
benefits to the national security of the United States, 
including— 
(A) a reduced risk of accidental enablement and launch 
of a nuclear weapon, and 
(B) a defense cost savings which could be reallocated 
for deficit reduction or other important national needs. 
(4) The Strategic Arms Reduction Talks (START) Treaty 
and the agreement by the President of the United States and 
the President of the Russian Federation on June 17, 1992, 
to reduce the strategic nuclear arsenals of each country to 
a level between 3,000 and 3,500 weapons are commendable 
intermediate stages in the process of achieving the policy goals 
described in paragraphs (1) and (2). 
(5) The ciurent international era of cooperation provides 
greater opportunities for achieving worldwide reduction and 
control of nuclear weapons and material than any time since 
the emergence of nuclear weapons 50 years ago. 
(6) It is in the security interests of both the United States 
and the world community for the President and the Congress 
to begin the process of reducing the number of nuclear weapons 
in every coimtry through multilateral agreements and other 
appropriate means. 
(7) In a 1991 study, a committee of the National Academy 
of Sciences concluded that: "The appropriate new levels of 
nuclear weapons cannot be specified at this time, but it seems 
reasonable to the committee that U.S. strategic forces could 
in time be reduced to 1,000-2,000 nuclear warheads, provided 
that such a midtilateral agreement included appropriate levels 
and verification measures for the other nations mat possess 
nuclear weapons. This step would require 
successful 
implementation of our proposed post-START U.S.-Soviet reduc-
tions, related confidence-building measures in all the coimtries 
involved, and multilateral security cooperation in areas such 
as conventional force deployments and planning.". 
(b) UNITED STATES POUCY.—It shall be the goal of the United 
States-
C
D to encourage and facilitate the denuclearization of 
Ukraine, Byelarus, and Kazakhstan, as agreed upon in the 
Lisbon ministerial meeting of May 23,1992; 
Treaties. 
(2) to rapidly complete and submit for ratification by the 
United States the treaty incorporating the agreement of June 
17, 1992, between the United States and the Russian Federa-
tion to reduce the number of strategic nuclear weapons in 
each countiVs arsenal to a level between 3,000 and 3,500; 
(3) to facilitate the ability of the Russicui Federation, 
Ukraine, Byelarus, and Kazakhstan to implement agreed 
mutual reductions under the START Treaty, and imder the 
Joint Understanding of June 16-17, 1992 between the United 
States and the Russian Federation, on an accelerated timetable, 
so that all such reductions can be completed by the year 2000; 
(4) to biiild on the agreement reached in the Joint Under-
standing of June 16-17, 1992, by entering into multilateral 
negotiations with the Russian Federation, the United Kingdom, 
France, and the People's Republic of China, and, at an appro-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2551 
priate point in that process, enter into negotiations with other 
nuclear armed states in order to reach subsequent stage-by-
stage agreements to achieve further reductions in the number 
of nuclear weapons in all countries; 
(5) to continue and extend cooperative discussions with 
the appropriate authorities of the former Soviet military on 
means to maintain and improve secure command and control 
over nuclear forces; 
(6) in consultation with other member countries of the 
North Atlantic Treat}'^ Organization and other allies, to initiate 
discussions to bring tactical nuclear weapons into the arms 
control process; and 
(7) to ensure that the United States assistance to securely 
transport and store, and ultimately dismantle, former Soviet 
nuclear weapons and missiles for such weapons is being prop-
erly and effectively utilized. 
(c) ANNUAL REPORT.—By February 1 of each year, the President President. 
shall submit to the Congress a report on— 
(1) the actions that the United States has taken, and 
the actions the United States plans to take during the next 
12 months, to achieve each of the goals set forth in paragraphs 
(1) through (6) of subsection (b); and 
(2) the actions that have been taken by the Russian Federa-
tion, by other former Soviet republics, and by other countries 
to achieve those goals. 
Each such report shall be submitted in unclassified form, with 
a classified appendix if necessary. 
SEC. 1322. VOLUNTEERS INVESTING IN PEACE AND SECURTIY (VIPS) 
PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—(1) Part II of subtitle A 
of title 10, United States Code, is amended by adding at the end 
the following new chapter:: 
"CHAPTER 8»—VOLUNTEERS INVESTING IN PEACE AND 
SECURITY 
"Sec. 
"1801. Volunteer program to assist independent states of the former Soviet Union. 
"1802. Participants in program. 
"1803. Determining needs for volunteers; role of the Secretary of State. 
"1804. Compensation and benefits. 
"1805. Termination of program. 
''flSOl. Volunteer program to assist independent states of 
the former lM>viet Union 
The Secretary of Defense may, in coordination with the Sec-
retary of State, carry out a program in accordance with this chapter 
to provide technical assistance to address the infrastructure needs 
of the independent states of the former Soviet Union. Assistance 
imder the program shall be provided by volunteers who are retired 
members of the armed forces, or who are former members of the 
armed forces, who have been recently released from active duty. 
*
*
§ 1802. Participants in program 
"(a) If the Secretary of Defense carrys out a program under 
section 1801 of this title, the Secretary shall select the volunteers 
to participate in the program. Volunteers shall be selected from 
among inoividuals— 
106 STAT. 2552 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(1) who have retired from active duty or been released 
from active duty irnder a voluntary separation program; and 
"(2) who possess technical skills relevant to the infrastruc-
ture needs of the independent states of the former Soviet Union 
(as identified by the Secretary of State pursuant to section 
1803(a) of this title), including skills in areas such as civil 
engineering, electrical 
engineering, 
nuclear 
plant 
safety, 
environmental cleanup, logistics, communications, and health 
care. 
"(b) Volunteers may be selected from among individuals who 
were separated from active duty not more than two years before 
the date of the enactment of this chapter. 
"(cXD The Secretary of Defense may employ volunteers, by 
contract, to provide services that use their technical skills for the 
benefit of governmental or nonprofit nongovernmental entities in 
any of the independent states of the former Soviet Union. 
"(2) A person who is employed as a volunteer under paragraph 
(1) shall be considered to be an employee for the purposes of 
chapter 81 of title 5, relating to compensation for work-related 
injuries. Such a person who is not otherwise employed by the 
Federal Government shall not be considered to be a Federal 
employee for any other purpose by reason of such emplo3mient 
as a volunteer. 
"(d) Volimteers may be required to agree to serve in ein 
independent state of the former Soviet Union for a period of two 
years (in addition to such period of education and training provided 
under section 1803(c) of this title) except to the extent the Secretary 
of State determines otherwise. 
"(e) The Secretary of Defense shall prescribe procedures for 
the selection of volunteers, including procedures for the submission 
of applications. 
"(f) The Secretary of Defense may maintain a registry of 
applicants who are qualified to be volimteers, including the skills 
of such applicants. 
''§1803. Determining needs for volunteers; role of the Sec-
retary of State 
"(a) The Secretary of Defense, in consultation with the Secretary 
of State, may identify the technical skills that could be provided 
by volimteers pursuant to this chapter and identify opportunities 
for the placement of volunteers with governmental or nongovern-
mental entities in each participating country. 
"(b) The Secretary of State shall approve the functions to be 
performed by each volunteer assigned pursuant to this chapter 
and the assignment of each volunteer to an independent state 
of the former Soviet Union. 
"(c) The Secretary of State may provide volunteers with lan-
guage training, cultural orientation, and such other education and 
training as the Secretary determines appropriate. Any expenses 
incurred by the Secretary of State in carrying out this subsection 
shall be reimbursed by the Secretary of Defense from amounts 
currently available to the Secretary of Defense. 
"(d) Each volunteer shall serve under the authority of the 
United States chief of mission to the participating country and 
shall be considered to be a member of the United States mission 
to that country. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2553 
*
*
§ 1804. Compensation and benefits 
"(a) Each volunteer may be paid a stipend at the annual rate 
of $25,000, subject to the availability of appropriations. 
"(b) If the Secretary of Defense determines that it is necessary 
to do so in order to recruit qualified volunteers, the Secretary 
may provide volunteers with the allowances and other benefits 
considered appropriate by the Secretary, including the following: 
"(1) Round-trip transportation for the volunteer and his 
or her dependents. 
"(2) Medical care for the volunteer and dependents, if the 
volunteer is not otherwise eligible for medical care from the 
Department of Defense or such medical care is otherwise not 
reasonably available. 
"(3) A housing allowance. 
"(4) An overseas cost-of-living allowance. 
"(5) Expenses of education of dependents, 
^§ 1805. Termination of program 
"The selection of volunteers to participate in the program under 
this chapter shall terminate on September 30,1995.". 
(2) The tables of chapters at the beginning of subtitle A, and 
at the beginning of part II of subtitle A, of title 10, United States 
Code, are amended by inserting after the item relating to chapter 
87 the following new item: 
"89. Volunteers Investing in Peace and Security 
1801". 
(b) REIMBURSEMENT OF OTHER AGENCIES.—The Secretary of 
Defense shall reimburse other departments and agencies for all 
costs, direct or indirect, of participation in the program established 
imder chapter 89 of title 10, United States Code, as added by 
subsection (a). 
(c) STUDY TO DETERMINE PROGRAM NEED AND AVAILABILITY 
OF VOLUNTEERS.—^The Secretary of Defense shall conduct a study 
to assess the need for the program under chapter 89 of title 10, 
United States Code, as added by subsection (a), and the availability 
of volunteers to participate in that program. The Secretary shall— 
(1) in consultation with the Secretary of State, conduct 
a survey, of a scope considered necessary by the Secretary, 
to determine what technical skills may be required within 
the independent states of the former Soviet Union and the 
degree of need for these skills; 
(2) determine the potential availability of former service 
members who are qualified in the required technical skills 
in a manner and of a duration considered necessary by the 
Secretary; and 
(3) maintain a registry of the skills and former service 
members who volunteer to participate during the study required 
in paragraphs (1) and (2). 
(d) EFFECTIVE DATE.—(chapter 89 of title 10, United States 
Code, as added by subsection (a), shall take effect on October 
1,1992. 
10 use 1801 
note. 
10 use 1801 
note. 
10 use 1801 
note. 
106 STAT. 2554 
PUBLIC LAW 102-484—OCT. 23, 1992 
Subtitle D—^Matters Relating to the Middle East and Persian 
Gulf Region 
SEC. 1331. REPORT ON THE UNITED STATES STRATEGIC POSTURE IN 
THE MIDDLE EAST AND PERSIAN GULF REGION. 
(a) REQUIREMENT FOR REPORT.—^Not later than February 1, 
1993, the Secretary of Defense, together with the Secretary of 
State and the Director for Central Intelligence, shall submit to 
Congress a report on the United States strategic posture in the 
Middle East and Persian Gulf region. 
(b) CONTENT OF REPORT.—^The report shall include an assess-
ment of the following matters: 
(1) The adequacy of United States power projection forces, 
strategic lift, forward deployed forces, prepositioned materiel, 
and force sustainability capabilities for protecting United States 
strategic interests in the Middle East and the Persian Gulf 
region in order to ensure the security needs of Israel, Egjrpt, 
and Persian Gulf states friendly to the United States. 
(2) United States policy, plans, and programs for ensuring 
Israel's military and technological superiority over potential 
threats. 
(3) United States capabilities for assisting Israel in a mili-
tary emergency and the adequacy of United States military 
assistance and technology transfer for ensuring that Israel 
has the capability to deter war and to defend its territory 
with minimal risk and loss of life. 
(4) The state of strategic cooperation between the United 
States and Israel, including— 
(A) a thorough assessment of options for prepositioning 
in Israel appropriate defense articles for use by the United 
States in the region; and 
(B) an assessment of United States policies, plans, 
and programs for ensuring that maximum advantage is 
taken of Israel's strategic location and Israel's ability to 
provide unique options regarding military technologies and 
production. 
(5) The adequacy of United States power projection forces, 
military assistance, arms transfers, and cooperation arrange-
ments for addressing Egypt's security arrangements to deter 
outside threats and to participate in regional security efforts 
with the United States and other nations. 
(6) The adequacy of United States power projection forces, 
milit€Lry assistance, and arms transfers for addressing the secu-
rity requirements of the Gulf Cooperation Council States. 
(7) The adequacv of the capabilities of the United States 
and countries friendly to the United States for deterring and 
defending against long-range missile threats and the use of 
weapons of mass destruction in the Middle East and the Persian 
Gulf region. 
(c) INTELLIGENCE ASSESSMENT.—^As part of the report submitted 
pursuant to subsection (a), the Secretary of Defense shall provide 
a military threat assessment for the Middle East and Persian 
GiQf region. The intelligence assessment shall include a description 
o
f
— 
(1) the overall military threat to United States strategic 
interests in the Persian Gulf region; 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2555 
(2) the overall military threat to Israel and the military 
threats to Israel from individual countries, including an assess-
ment of the Arab-Israeli military balance and a discussion 
of the changes taking place in that balance; 
(3) the military threats to Egypt; 
(4) the military threats to tne Gulf Cooperation Council 
States; and 
(5) the threats to United States interests and to regional 
States friendly to the United Stetes that result from the pro-
liferation of long-range missiles and weapons of mass 
destruction. 
(d) FORM OF REPORT.—^The report may be submitted in classi-
fied and unclcissified forms. 
SEC. 1332. PROHmrnON ON CONTRACTING WITH ENTITIES THAT 
COMPLY WITH THE SECONDARY ARAB BOYCOTT OF 
ISRAEL. 
(a) IN GENERAL.—Chapter 141 of title 10, United States Code, 
as amended by sections 384, 808, 813, 834, 840, and 841, is further 
amended by adding at the end the following new section: 
*
*
§ 2410i. Prohibition on contracting with entities that com-
ply with the secondary Arab boycott of Israel 
"(a) POLICY.—Under section 3(5XA) of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2402(5XA)), it is the policy of 
the United Stetes to oppose restrictive trade practices or boycotts 
fostered or imposed by foreign countries against other countries 
friendly to the United Stetes or against any other United Stetes 
person. 
"(b) PROHIBITION.—(1) Consistent with the policy referred to 
in subsection (a), the Department of Defense may not award a 
contract for an amount in excess of the small purchase threshold 
(as defined in section 4(11) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(11))) to a foreign entity unless that 
entity certifies to the Secretary of Defense that it does not comply 
with the secondary Arab boycott of Israel. 
"(2) In paragraph (1), tne term "foreign entity" means a foreign 
person, a foreign company, or any other foreign entity. 
"(c) WAIVER AUTHORITY.—^The Secretery of Defense may waive 
the prohibition in subsection (b) in specific instences when the 
Secretery determines that the waiver is necessary in the national 
security intereste of the United Stetes. Within 15 days after the 
end of each fiscal yecur, the Secretery shall submit to Congress 
a report identifying each contract for which a waiver was granted 
imder this subsection during that fiscal year. 
"(d) ExcEPnONS.—Subsection (b) does not apply— 
"(1) to contracts for consumable supplies, provisions, or 
services that are intended to be used for the support of United 
Stetes forces or of allied forces in a foreign country; or 
"(2) to contracte perteining to the use of any equipment, 
technology, date, or services for intelligence or classified pur-
poses by the United Stetes Grovemment in the interests of 
national security or to the acquisition or lease of any such 
equipment, technology, date, or services by the United Stetes 
Government in the intereste of national security.". 
(b) CLERICAL AMENDMENT.—^The teble of sections at the begin-
ning of such chapter, as amended by sections 384, 808, 813, 834, 
106 STAT. 2556 
PUBLIC LAW 102-484—OCT. 23, 1992 
840, and 841, is further amended by adding at the end the following 
new item: 
"24101. Prohibition on contracting with entities that comply with the secondary Arab 
boycott of Israel.". 
Subtitle E—International Peacekeeping Activities 
SEC. 1341. UNITED NATIONS PEACEKEEPING 
AND 
ENFORCEMENT 
REPORT. 
(a) REPORT REQUESTED.—Not later than the date on which 
the President submits to Congress the budget for fiscal year 1994 
under section 1105 of title 31, United States Code, the President 
shall transmit to Congress a report on the proposals of the Secretary 
General of the United Nations contained in his report to the Secu-
rity Council entitled "Preventive Diplomacy, Peacemaking and 
Peacekeeping", dated June 19,1992. 
(b) CONTENT OF PRESIDENT'S REPORT.—The President's report 
shall contain a comprehensive analysis and discussion of the propos-
als of the Secretary General, including, in particular, the following: 
(1) The proposal that contributions for peacekeeping and 
related enforcement activities be funded out of the National 
Defense function of the budget rather than the "Contributions 
to International Peacekeeping Activities" account of the Depart-
ment of State. 
(2) The assignment of responsibilities within the Executive 
branch if such contributions are funded, in whole or in part, 
out of the National Defense function. 
(3) The proposal that the United States and other member 
states of the United Nations negotiate special agreements under 
Article 43 of the United Nations Charter to provide for those 
states to make armed forces, assistance, and facilities available 
to the Security Council of the United Nations for the purposes 
stated in Article 42 of that Charter, not only on an ad hoc 
basis but on a permanent on-call basis for rapid deplojrment 
under Security Council authorization. 
(4) The proposal that member states of the United Nations 
commit to keep equipment specified by the Secretary General 
available for immediate sale, loan, or donation to the United 
Nations when required. 
(5) The proposal that member states of the United Nations 
make airlift and sealift capacity available to the United Nations 
free of cost or at lower than commercial rates. 
(6) Such other information as may be necessary to inform 
Congress on matters relating to the Secretary General's propos-
als. 
10 use 403 note. 
SEC. 1342. SUPPORT FOR PEACEKEEPING ACTIYITIES. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) International peacekeeping activities contribute to the 
national interests of the United States in maintaining global 
stability and order. 
(2) International peacekeeping activities take many forms 
and include observer missions, ceasefire monitoring, human 
- 
rights monitoring, refugee and humanitarian assistance, mon-
itoring and conducting elections, monitoring of police in the 
demobilization of former combatants, and reforming judicial 
and other civil and administrative systems of government. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2557 
(3) International peacekeeping activities traditionally 
involve the presence of military troops, police forces, and, in 
recent years, civilian experts in transportation, logistics, medi-
cine, electoral systems, himian rights, land tenure, other eco-
nomic and social issues, and other areas of expertise. 
(4) International peacekeeping activities serve both the 
foreign policy interests and defense policy interests of the 
United States. 
(5) The normal budget process of authorizing and appro-
priating funds a year in advance and reprogramming such 
funds is insufficient to satisfy the need for funds for peacekeep-
ing efforts arising from an unanticipated crisis. 
(6) Greater flexibility is needed to ensure the timely avail-
ability of funding to provide for peacekeeping activities. 
(b) AUTHORIZED SUPI>ORT FOR FISCAL YEAR 1993.—(1) Subject 
to paragraph (2), the Secretary may provide assistance for inter-
national peacekeeping activities during fiscal year 1993 in an 
amoimt not to exceed $300,000,000 in accordance with section 403 
of title 10, United States Code, as added by subsection (c). Notwith-
standing subsection (b) of that section, the assistance so provided 
may be derived from funds appropriated to the Department of 
Defense for fiscal year 1993 for operation and maintenance or 
from balances in working capital accounts. 
(2) No amount may be obligated pursuant to paragraph (1) 
imless the expenditure of such amoimt has been determined by 
the Director oi the Office of Management and Budget to be counted 
against the defense category of the discretionary spending limits 
for fiscal year 1993 (as defined in section 601(aX2) of the Congres-
sionsd Budget Act of 1974) for purposes of part C of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
(c) AUTHORIZATION.—<1) Chapter 20 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 403. International peacekeeping activities 
"(a) AUTHORITY.—^To the extent provided in defense authoriza-
tion Acts and appropriations Acts, the Secretary of Defense may 
furnish assistance in support of international peacekeeping activi-
ties of the United Nations or any regional organization of which 
the United States is a member. 
"(b) FORMS OF ASSISTANCE.—^Assistance provided under sub-
section (a) may include funds, supplies, services, and equipment. 
Any funds so provided shall be derived from amounts available 
to the Department of Defense for the fiscal year for which the 
assistance is provided. 
"(c) LIMITATIONS RELATED TO AVAILABILITY OF STATE DEPART-
MENT FUNDS.—Funds may be provided as assistance pursuant to 
subsection (a) for a fiscal year— 
"(1) only if funds available to the Department of State 
for that fiscal year for contributions for international peacekeep-
ing activities are insufficient or otherwise unavailable to meet 
the United States' fair share of costs for international peace-
keeping activities, as determined by the President; and 
"(2) only to the extent that such funds are required to 
meet imexpected and urgent requirements; and 
"(3) only to the extent that the United States' fair share 
of such costs exceeds the amount that the President requests 
106 STAT. 2558 
PUBLIC LAW 102-484—OCT. 23, 1992 
Congress to appropriate for the Department of State for such 
fiscalyear for international peacekeeping activities. 
"(d) CONSULTATION.—The Secretary of Defense shall consult 
with the Secretary of State before furnishing any assistance pursu-
ant to subsection (a). 
"(e) DETERMINATIONS REQUIRED.—No assistance may be fur-
nished pursuant to subsection (a) unless the Secretary of Defense 
certifies to Congress that the provision of such assistance will 
not adversely affect the military preparedness of the United States. 
Reports. 
«(f) ADVANCE NOTICE TO CONGRESS.—Not less than 30 days 
before obligating any funds for purposes of subsection (a), the Sec-
retary of Defense shall transmit to Congress a report on the pro-
posed obligation. The report shall— 
"(1) specify the account, budget activity, and particular 
program or programs from which the funds proposed to be 
obligated are to be derived and the amount of the proposed 
obligation; 
"(2) specify the activities and forms of assistance for which 
the Secretary of Defense plans to obligate such funds; and 
"(3) include the certification required by subsection (e). 
"(g) DEFINITION.—In this section, the term 'defense authoriza-
tion Act' means an Act that authorizes appropriations for one or 
more fiscal years for military activities of the Department of 
Defense, including the activities described in paragraph (7) of sec-
tion 114(a) of this title. 
"(h) TERMINATION.—The authority of the Secretary of Defense 
to furnish assistance under subsection (a) shall expire on September 
30,1993.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"403. International peacekeeping activities.". 
Subtitle F—Overseas Operation and Maintenance Activities 
10 use 1592 
SEC. 1351. PROHIBITION ON PAYMENT OF SEVERANCE PAY TO CER-
"o^ 
TAIN FOREIGN NATIONALS IN THE PHILIPPINES. 
(a) PROHIBITION.—Funds available to the Department of 
Defense may not be used to pay severance pay to a foreign national 
employed by the Department of Defense in the Republic of the 
Philippines if the discontinuation of the emplojmient of the foreign 
national is the result of the termination of basing rights of the 
United States military in the Republic of the Philippines. 
(b) PROHIBITION ON ALLOWANCE OF CERTAIN SEVERANCE PAY 
AS CONTRACT COSTS.—Funds available to the Department of 
Defense may not be used to pay the costs of severance pay paid 
by a contractor to a foreign national employed by the contractor 
under a defense service contract in the Philippines if the discontinu-
ation of the employment of the foreign national is the result of 
the termination of basing rights of the United States military 
in the Philippines. 
SEC. 1352. FOREIGN SEVERANCE COSTS. 
(a) REPEAL OF LIMITATION ON PROHIBITION OF PAYMENT OF 
CERTAIN FOREIGN SEVERANCE COSTS.—Section 311(b)(3XB) of the 
National Defense Authorization Act for Fiscal Years 1990 and 1991 
10 use 1592 
(Public Law 101-189; 103 Stat. 1412) is repealed. 
note. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2559 
(b) REVISION OF RULES CONCERNING SEVERANCE PAY FOR FOR-
EIGN NATIONALS.—Section 2324(e) of title 10, United States Code, 
is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
n[3XA) Pursuant to re^zulations prescribed by the Secretary 
and subject to the availabuity of appropriations, the head of an 
agency awarding a covered contract (other than a contract to which 
paragraph (2) applies) may waive the appUcation of the provisions 
of paragraphs (IXM) and (IXN) to that contract if the head of 
the agenc>[ determines that— 
"(i) the application of such provisions to the contract would 
adversely affect the continuation of a program, project, or activ-
ity that provides significant support services for members of 
the armed forces stationed or deployed outside the United 
States; 
"(ii) the contractor has taken (or has established plans 
to take) appropriate actions within the contractor's control to 
minimize the amount and number of incidents of the pajrment 
of severance pay by the contractor to employees under the 
contract who are foreign nationals; and 
"(iii) the payment of severance pay is necessary in order 
to comply with a law that is generally applicable to a significant 
number of businesses in the country in which the foreign 
national receiving the payment performed services under the 
contract or is necessary to comply with a collective bargaining 
a^'eement. 
"(B) The head of an agency shall include in the solicitation 
for a covered contract a statement indicating— 
"(i) that a waiver has been granted under subparagraph 
(A) for the contract; or 
"(ii) whether tne head of the agency will consider granting 
such a waiver, and, if the agency head will consider granting 
a waiver, the criteria to be used in granting the waiver. 
"(C) The head of an agency shall make the final determination 
regarding whether to grant a waiver under subparagraph (A) with 
respect to a covered contract before award of the contract.". 
(c) APPLICABILITY.—^The amendments made by subsection (b) lo use 2324 
apply to covered contracts (as defined in section 2324 of title 10, "°^' 
United States Code) that are in effect or are entered into on or 
after October 1, 1991, for costs incurred on or after October 1, 
1991. 
SEC. 1SS3. EXTENSION OF OVERSEAS WORKLOAD PROGRAM. 
Section 1465(b) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stet. 1700; 10 U.S.C. 
2341 note) is amended by striking out '^scal year 1991 or 1992" 
and inserting in lieu thereof '^scal year 1991, 1992, or 1993". 
Subtitle G—Other Matters 
SEC. 1361. STUDY OF PROVIDING FORWARD PRESENCE OF NAVAL 
FORCES DURING PEACETIME. 
(a) ANALYSIS REQUIRED.—The Secretory of Defense shall con-
duct an analysis of options for providing forward presence of naval 
106 STAT. 2560 
PUBLIC LAW 102-484—OCT. 23, 1992 
forces during peacetime. The analysis shall include an evaluation 
of the following considerations: 
(1) The requirements of the commanders of the combatant 
commands for providing naval forces for forward peacetime 
presence. 
(2) The capacity of alternative groups of naval forces, 
including aircraft carriers, large amphibious ships, and large 
surface combatants, to fulfill the forward presence mission. 
(3) Potential locations and associated costs for homeporting 
additional aircraft carriers or other naval forces overseas. 
(4) Estimated operations cost differentials for supporting 
forward naval operations. 
(5) Estimated investment cost differentials for supporting 
forward naval operations. 
(6) Potential availability of facilities for supporting forward 
naval operations. 
(7) Potential host nation support or other offset contribu-
tions. 
(b) REPORT.—The Secretary of Defense shall submit to the 
congressional defense committees a report on the analysis required 
by subsection (a). 
SEC. 1362. PERMANENT AUTHORITY TO PAY CERTAIN EXPENSES OF 
PERSONNEL OF DEVELOPING COUNTRIES FOR ATTEND-
ANCE AT BILATERAL OR REGIONAL COOPERATION CON-
FERENCES. 
Subsection (e) of section 1051 of title 10, United States Code, 
is repealed. 
SEC. 1363. REPORT ON PROLIFERATION OF MILITARY-BASED SAT-
ELLITES. 
(a) REPORT.—^The Secretary of Defense shall submit to Congress 
a report on the foreign development of, acquisition of, or access 
to satellites with capabilities for militaiy applications and the 
implications of such development, acquisition, or access for the 
United States. The report shall include the following: 
(1) A description of the current military satellite capability 
of Third World countries and other countries, including the 
projected threat posed by such capabilities to the United States 
in the future. 
(2) A description of the current and planned efforts by 
the United States to develop an antisatellite capability to 
counter the global proliferation of satellites with capability 
for military applications. 
(3) A review of other measures that the United States 
might use to counter the proliferation of such satellites. 
(4) An assessment of the likelihood of any Third World 
country capable of ownership or control of satellites with 
capabilities for military applications of being able to obtain 
or develop an effective antisatellite capability. 
(5) An assessment of the military requirement of the United 
States for antisatellite capabilities and a description of the 
existing management structure in the Grovemment for the 
coordination of United States antisatellite programs. 
(b) SUBMISSION OF REPORT.—^The report required by subsection 
(a) shall be submitted not later than 180 days after the date 
of the enactment of this Act. The report shall be submitted in 
imclassified form and, as necessary, in classified form. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2561 
SEC. 1364. REPORT ON INTERNATIONAL MINE CLEARING EFFORTS IN 
REFUGEE SITUATIONS. 
(a) FINDINGS.—The Congress finds that^ 
(1) an estimated 10-20 million mines are scattered across 
Cambodia, Afghanistan, Somalia, Angola, and other countries 
which have experienced conflict; and 
(2) refugee repatriation and other humanitarian programs 
are being seriously hampered by the widespread use of anti-
personnel mines in regional conflicts and civil wars. 
(b) REPORT.—(1) The President shall provide a report on inter-
national mine clearing efforts in situations involving the repatri-
ation and resettlement of refugees and displaced persons. 
(2) The report shall include the following: 
(A) An assessment of mine clearing needs in countries 
to which refugees and displaced persons are now returning, 
or are likely to return within the near future, including Cam-
bodia, Angola, Afghanistan, Somalia and Mozambique, and an 
assessment of current international efforts to meet the mine 
clearing needs in the countries covered by the report. 
(B) An analysis of the specific types of mines in the individ-
ual coimtries assessed and the availability of technology and 
assets within the international community for their removal. 
(C) An assessment of what additional technologies and 
assets would be required to complete, expedite or reduce the 
costs of mine clearing efforts. 
(D) An evaluation of the availability of technologies and 
assets within the United States Government which, if called 
upon, could be employed to augment or complete mine clearing 
efforts in the countries covered by the report. 
(E) An evaluation of the desirability, feasibility and poten-
tial cost of United States assistance on either a unilateral 
or multilateral basis in such mine clearing operations. 
(3) The report shall be submitted to the Congress not later 
than 180 days after the date of the enactment of this Act. 
SEC. 136S. LANDMINE EXPC^T MORATORIUM. 
22 USC 2778 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) Anti-personnel 
landmines, which are 
specifically 
designed to maim and kill people, have been used indiscrimi-
nately in dramatically increasing numbers, primarily in 
insurgencies in poor developing countries. Noncombatant 
civilians, including tens of thousands of children, have been 
the primary victims. 
(2) Unlike other military weapons, landmines often remain 
implanted and imdiscovered after conflict has ended, causing 
untold suffering to civilian populations. In Afghanistan, Cam-
bodia, Laos, Vietnam, and Angola, tens of millions of 
unexploded landmines have rendered whole areas uninhabit-
able. In Afghanistan, an estimated hundreds of thousands of 
people have been maimed and killed by landmines during the 
14-year civil war. In Cambodia, more than 20,000 civilians 
have lost limbs and another 60 are being maimed each month 
from landmines. 
(3) Over 35 countries are known to manufacture landmines, 
including the United States. However, the United States is 
not a major exporter of landmines. During the past ten years 
the Department of State has approved ten licenses for the 
106 STAT. 2562 
PUBLIC LAW 102-484—OCT. 23, 1992 
commercial export of anti-persomiel landmines valued at 
$980,000, and during the past five yecurs the Department of 
Defense nas approved the sale of 13,156 anti-personnel land-
mines valued at $841,146. 
(4) The United States signed, but has not ratified, the 
1981 Convention on Prohibitions or Restrictions on the Use 
of Certain Conventional Weapons Which May Be Deemed To 
Be Excessively Ii\jurious or To Have Indiscriminate Effects. 
The Convention prohibits the indiscriminate use of landmines. 
(5) When it signed the Convention, the United States 
stated: '^e believe that the Convention represents a positive 
step forward in efforts to minimize ii\)ury or damage to the 
civilian population in time of armed coiulict. Our signature 
of the Convention reflects the general willingness of the United 
States to adopt practical and reasonable provisions concerning 
the conduct of military operations, for the purpose of protecting 
noncombatants.". 
(6) The President should submit the Convention to the 
Senate for its advice and consent to ratification, and the Presi-
dent should actively negotiate under United Nations auspices 
or other auspices an international agreement, or a modification 
of the Convention, to prohibit the sale, transfer or export of 
anti-personnel landmines. Such an agreement or modification 
would be an appropriate response to the end of the Cold War 
and the promotion of arms control a^eements to reduce the 
indiscriminate killing and maiming of civilians. 
(7) The United States should set an example for other 
countries in such negotiations, by implementing a one-year 
moratorium on the ssde, transfer or export of anti-personnel 
landmines. 
(b) STATEMENT OF POUCY.—(1) It shall be the policy of the 
United States to seek verifiable international agreements prohibit-
ing the sale, transfer, or export, and fiirther limiting the use, 
pi^uction, possession, and deployment of anti-personnel land-
mines. 
(2) It is the sense of the Congress that the President should 
actively seek to negotiate under United Nations auspices or other 
auspices an international agreement, or a modification of the 
Convention, to prohibit the sale, transfer, or export of anti-personnel 
landmines. 
(c) MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL LANDMINES 
ABROAD.—^For a period of one year beginning on the date of the 
enactment of this Act— 
(1) no sale may be made or financed, no transfer may 
be made, and no license for export may be issued, under the 
Arms Export Control Act, with respect to any anti-personnel 
landmine; and 
(2) no assistance may be provided under the Foreign Assist-
ance Act of 1961, with respect to the provision of any anti-
personnel landmine. 
(e) DEFINITION.—^For purposes of this section, the term "anti-
personnel landmine" means— 
(1) any munition placed imder, on, or near the ground 
or oUier surface area, or delivered by artillery, rocket, mortar, 
or similar means or dropped fit)m an aircraft and which is 
designed to be detonated or exploded by the presence, proximity, 
or contact of a person; 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2563 
(2) any device or material which is designed, constructed, 
or adapted to kill or injure and which functions unexpectedly 
when a person disturbs or approaches an apparently harmless 
object or performs an apparently safe act; 
(3) any manually-emplaced munition or device designed 
to kill, injure, or damage and which is actuated by remote 
control or automatically after a lapse of time. 
TITLE XIV—DEMILITARIZATION OF THE FORMER 
SOVIET UNION 
Subtitle A—Short Title 
SEC. 1401. SHORT TITLE. 
This title may be cited as the "Former Soviet Union Demili-
tarization Act of 1992". 
Subtitle B—Findings and Program Authority 
SEC. 1411. DEMILITARIZATION OF THE INDEPENDENT STATES OF THE 
FORMER SOVIET UNION. 
The Congress finds that it is in the national security interest 
of the United States— 
(1) to facilitate, on a priority basis— 
(A) the transportation, storage, safeguarding, 
and 
destruction of nuclear and other weapons of the independ-
ent states of the former Soviet Union, including the safe 
and secure storage of fissile materials, dismantlement of 
missiles and launchers, and the elimination of chemical 
and biological weapons capabilities; 
(B) the prevention of proliferation of weapons of mass 
destruction and their components and destabilizing conven-
tional weapons of the independent states of the former 
Soviet Union, and the establishment of verifiable safe-
guards against the proliferation of such weapons; 
(C) the prevention of diversion of weapons-related sci-
entific expertise of the former Soviet Union to terrorist 
groups or third countries; and 
(D) other efforts designed to reduce the military threat 
from the former Soviet Union; 
(2) to support the demilitarization of the massive defense-
related industry and equipment of the independent states of 
the former Soviet Union and conversion of such industry and 
equipment to civilian purposes and uses; and 
(3) to expand military-to-military contacts between the 
United States and the independent states of the former Soviet 
Union. 
SEC. 1412. AUTHORITY FOR PROGRAMS TO FACILITATE DEMILI-
TARIZATION. 
(a) IN GENERAL,—^Notwithstanding any other provision of law, 
the President is authorizctd, in accordance with this title, to estab-
lish and conduct programs described in subsection (b) to assist 
the demilitarization of the independent states of the former Soviet 
Union. 
(b) TYPES OF PROGRAMS,—^The programs referred to in sub-
section (a) are limited t o ^ 
Former Soviet 
Union 
Demilitarization 
Act of 1992. 
22 use 5901 
note. 
22 use 5901. 
22 u s e 5902. 
Establishment. 
59-194 O—93 
25 : QL 3 (Pt. 3) 
106 STAT. 2564 
PUBLIC LAW 102-484—OCT. 23, 1992 
(1) transporting, storing, safeguarding, and destroying 
nuclear, chemical, and other weapons of the independent states 
of the former Soviet Union, as described in section 212(b) 
of the Soviet Nuclear Threat Reduction Act of 1991 (title II 
of Public Law 102-228); 
(2) establishing verifiable safeguards against the prolifera-
tion of such weapons and their components; 
(3) preventing diversion of weapons-related scientific exper-
tise of the former Soviet Union to terrorist groups or third 
coimtries; 
(4) facilitating the demilitarization of the defense industries 
of the former Soviet Union and the conversion of military 
technologies and capabilities into civilian activities; 
(5) establishing science and technology centers in the 
independent states of the former Soviet Union for the purpose 
of engaging weapons scientists, engineers, and other experts 
previously involved with nuclear, chemical, and other weapons 
in productive, nonmilitary undertakings; and 
(6) expanding military-to-military contacts between the 
United States and the independent states of the former Soviet 
Union. 
(c) UNITED STATES PARTICIPATION.—The programs described 
in subsection (b) should, to the extent feasible, draw upon United 
States technology and expertise, especially from the United States 
private sector. 
(d) RESTRICTIONS.—^United States assistance authorized by sub-
section (a) may not be provided unless the President certifies to 
the Congress, on an annual basis, that the proposed recipient coun-
try is committed to— 
(1) making a substantial investment of its resources for 
dismantling or destroying such weapons of mass destruction, 
if such recipient has an obligation under a treaty or other 
agreement to destroy or dismantle any such weapons; 
(2) forgoing any military moaemization program that 
exceeds legitimate defense requirements and forgoing the 
replacement of destroyed weapons of mass destruction; 
(3) forgoing any use in new nuclear weapons of fissionable 
or other components of destroyed nuclear weapons; 
(4) facilitating United States verification of any weapons 
destruction carried out under this title or section 212 of the 
Soviet Nuclear Threat Reduction Act of 1991 (title II of Public 
Law 102-228); 
(5) complying with all relevant arms control agreements; 
and 
(6) observing internationally recognized human rights, 
including the protection of minorities. 
Subtitle C—Administrative and Funding Authorities 
22 use 5911. 
SEC. 1421. ADMINISTRATION OF DEMILITARIZATION PROGRAMS. 
(a) FUNDING.—(1) In recognition of the direct contributions 
to the national security interests of the United States of the activi-
ties specified in section 1412, funds transferred under sections 
108 and 109 of Public Law 102-229 (105 Stat. 1708) are authorized 
to be made available to carry out this title. Of the amount available 
to carry out this title— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2565 
(A) not more than $40,000,000 may be made available 
for programs referred to in section 1412(b)(4) relating to demili-
tarization of defense industries; 
(B) not more than $15,000,000 may be made available 
for programs referred to in section 1412(bX6) relating to mili-
tary-to-military contacts; 
(C) not more than $25,000,000 may be made available 
for joint research development programs pursuant to section 
1441; 
(D) not more than $10,000,000 may be made available 
^ 
for the study, assessment, and identification of nuclear waste 
disposal activities by the former Soviet Union in the Arctic 
region; 
(E) not more than $25,000,000 may be made available 
for Project PEACE; and 
(F) not more than $10,000,000 may be made available 
for the Volunteers Investing in Peace and Security (VIPS) pro-
gram under chapter 89 of title 10, United States Code, as 
added by section 1322. 
(2) Section 221(a) of the Soviet Nuclear Threat Reduction Act 
of 1991 (title II of Public Law 102-228; 105 Stat. 1695) is amended— 22 use 2551 
(A) by striking out "fiscal year 1992" and inserting "fiscal "°*®' 
years 1992 and 1993"; and 
(B) by striking out "$400,000,000" and inserting in Heu 
thereof "$800,000,000". 
(3) Section 221(e) of such Act is amended— 
(A) by inserting "for fiscal year 1992 or fiscal year 1993" 
after "under part B , 
(B) by inserting "for that fiscal year" afl«r "for that pro-
gram"; and 
(C) by striking out "for fiscal year 1992" and inserting 
in lieu thereof "for that fiscal year". 
(b) TECHNICAL REVISIONS TO PUBLIC LAW 102-229.—Public Law 
102-229 is amended— 
(1) in section 108 (105 Stat. 1708), by striking out "con-
tained in H.R. 3807, as passed the Senate on November 25, 
1991" and inserting in lieu thereof "(title II of Public Law 
102-228)"; and 
(2) in section 109 (105 Stat. 1708)— 
(A) by striking out "H.R. 3807, as passed the Senate 
on November 25, 1991" and inserting in lieu thereof "Public 
Law 102-228 (105 Stat. 1696)"; and 
(B) by striking "of H.R. 3807". 
Subtitle D—^Reporting Requirements 
SEC. 1431. PRIOR NOTICE TO CONGRESS OF OBUGATION OF FUNDS. 
22 USC 5921. 
(a) IN GENERAL.—^Not less than 15 days before obligating any 
funds made available for a program imder this title, the President 
shall transmit to the Congress a report on the proposed obligation. 
Each such report shall specify— 
(1) the account, budget activity, and particular program 
or programs from which the funds proposed to be ooligated 
are to be derived and the amount of the proposed obligation; 
and 
(2) the activities and forms of assistance imder this title 
for which the President plans to obligate such funds, including 
106 STAT. 2566 
PUBLIC LAW 102-484—OCT. 23, 1992 
the projected involvement of United States Government depart-
ments and agencies and the United States private sector, 
(b) INDUSTRIAL DEMILITARIZATION.—Any report under sub-
section (a) that covers proposed industrial demilitarization projects 
shall contain additional information to assist the Congress in deter-
mining the merits of the proposed projects. Such information shall 
include descriptions o
f
— 
(1) the facilities to be demilitarized; 
(2) the types of activities conducted at those facilities and 
of the types of nonmilitaiy activities planned for those facilities; 
(3) the forms of assistance to be provided by the United 
States Government and by the United States private sector; 
(4) the extent to which military production capability will 
consequently be eliminated at those facilities; and 
(5) the mechanisms to be established for monitoring 
progress on those projects. 
22 use 5922. 
SEC. 1432. QUARTERLY REPORTS ON PROGRAMS. 
Not later than 30 days after the end of the last fiscal year 
quarter of fiscal vear 1992 and not later than 30 days after the 
end of each fiscal year quarter of fiscal yesur 1993, the President 
shall transmit to the Congress a report on the activities carried 
out under this title. Each such report shall set forth, for the preced-
ing fiscal year quarter and cumulatively, the following: 
(1) The amounts expended for such activities and the pur-
poses for which they were expended. 
(2) The source of the funds obligated for such activities, 
specified by program. 
(3) A description of the participation of all United States 
Government departments and agencies and the United States 
private sector in such activities. 
(4) A description of the activities carried out under this 
title and the forms of assistance provided under this title, 
including, with respect to proposed industrial demilitarization 
projects, additional information on the progress toward demili-
tarization of facilities and the conversion of the demilitarized 
facilities to civilian activities. 
(5) Such other information as the President considers 
appropriate to fully inform the Congress concerning the oper-
ation of the programs authorized under this title. 
Subtitle E—Joint Research and Development Programs 
22 use 5931. 
SEC. 1441. PROGRAMS WITH STATES OF FORMER SOVIET UNION. 
The Congress encourages the Secretary of Defense to participate 
actively in joint research and development programs with the 
independent states of the former Soviet Union through the non-
governmental foundation established for this purpose by section 
511 of the FREEDOM Support Act of 1992. To that end, the Sec-
retary of Defense may spend those funds authorized in section 
1421(aXlXC) for support, technical cooperation, in-kind assistance, 
and other activities with the following purposes: 
(1) To advance defense conversion by funding civilian 
collaborative research and development projects between sci-
entists and engineers in the United States and in the independ-
ent states of the former Soviet Union. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2567 
(2) To assist the establishment of a market economy in 
the independent states of the former Soviet Union by promoting, 
identifying, and peirtially funding joint research, development, 
and demonstration ventures between United States businesses 
and scientists, engineers, and entrepreneurs in those independ-
ent states. 
(3) To provide a mechanism for scientists, engineers, and 
entrepreneurs in the independent states of the former Soviet 
Union to develop an imderstanding of commercial business 
practices by establishing linkages to United States scientists, 
engineers, and businesses. 
(4) To provide access for United States businesses to sophis-
ticated new technologies, talented researchers, and potential 
new markets within the independent states of the former Soviet 
Union. 
(5) To provide productive research and development 
opportunities within the independent states of the former Soviet 
Union that offer scientists and engineers alternatives to emigra-
tion and help prevent proliferation of weapons technologies 
and the dissolution of the technological infrastructure of those 
states. 
TITLE XV—NONPROLIFERATION 
SEC. 1501. SHORT TITLE. 
This title may be cited as the 'Weapons of Mass Destruction 
Control Act of 1992". 
SEC. 1S02. SENSE OF CONGRESS. 
It is the sense of the Congress that— 
(1) the proliferation (A) of nuclear, biological, and chemical 
weapons (hereinafter in this title referred to as '^weapons of 
mass destruction") and related technology and knowledge and 
(B) of missile delivery systems remains one of the most serious 
threats to international peace and the national security of 
the United States in the post-cold war era; 
(2) the proliferation of nuclear weapons, given the extraor-
dinary lethality of those weapons, is of particularly serious 
concern; 
(3) the nonproliferation policv of the United States shoidd 
continue to seek to limit both the supply of and demand for 
weapons of mass destruction and to reduce the existing threat 
from proliferation of such weapons; 
(4) substantial funding of nonproliferation activities by the 
United States is essential to controlling the proliferation of 
all weapons of mass destruction, especially nuclear weapons 
and missile delivery systems; 
(5) the President's nonproliferation policy statement of June 
1992, and his September 10, 1992, initiative to increase funding 
for nonproliferation activities in the Department of Energy 
are praiseworthy; 
(6) the Congress is committed to cooperating with the Presi-
dent in carrying out an effective policy designed to control 
the proliferation of weapons of mass destruction; 
(7) the President should identify a full range of appropriate, 
high priority nonproliferation activities that can be undertaken 
by the United States and should include requests for full fund-
Weapons of 
Mass 
Destruction 
Control Act of 
1992. 
106 STAT. 2568 
PUBLIC LAW 102-484—OCT. 23, 1992 
ing for those activities in the budget submission for fiscal 
year 1994; 
(8) the Department of Defense and the Department of 
Energy have imique expertise that can further enhance the 
effectiveness of international nonproliferation activities; 
(9) under the guidance of the President, the Secretary 
of Defense and the Secretary of Energjr should continue to 
actively assist in United Stetes nonproliferation activities and 
in formulating and executing United Stetes nonproliferation 
policy, emphasizing activities such as improved capabilities (A) 
to detect and monitor proliferation, (B) to respond to terrorism, 
theft, and accidents involving weapons of mass destruction, 
and (C) to assist with interdiction and destruction of weapons 
of mass destruction and related weapons material; and 
(10) in a manner consistent with United Stetes non-
proliferation policy, the Department of Defense and the Depart-
ment of Energy should continue to maintain and to improve 
their capabilities to identify, monitor, and respond to prolifera-
tion of weapons of mass destruction and missile delivery 
systems. 
SEC. 1603. REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT 
OF ENERGY NONPROLIFERATION ACTIVITIES. 
(a) REPORT REQUIRED.—The Secretory of Defense and the Sec-
retary of Energy shall jointly submit to the committees of Congress 
named in subsection (dXl) a report describing the role of the Depart-
ment of Defense and the Department of Energy with respect to 
the nonproliferation policy of the United Stetes. 
(b) MATTERS TO BE COVERED IN REPORT.—The report shall— 
(1) address how the Secretory of Defense integrates and 
coordinates existing intelligence and militery capabilities of 
the Department of Defense and how the Secretery of Energy 
integrates and coordinates the intelligence and emergency 
response capabilities of the Department of Energy in support 
of the nonproliferation policy of the United Stetes; 
(2) identify existing and planned capabilities within the 
Department of Defense, includmg particular capabilities of the 
militery services, and the Department of Energy to (A) detect 
and monitor clandestine weapons of mass destruction programs, 
(B) respond to terrorism or accidente involving such weapons 
and to theft of related weapons materials, and (C) assist with 
interdiction and destruction of weapons of mass destruction 
and related weapons materials; 
(3) describe, for the Department of Defense, the degree 
to which the Secretery of Defense has incorporated a non-
proliferation mission into the overall mission of the imified 
combatent commands and how the Special Operations Com-
mand might support the commanders of the unified and speci-
fied commands in that mission; 
(4) consider the appropriate roles of the Defense Advance 
Research Projecte Agency (DARPA), the Defense Nuclear 
Agency (DNA), the On-Site-Inspection Agency (OSIA), and other 
Department of Defense agencies, as welfas the national labora-
tories of the Department of Energy, in providing 
technical 
assistence and support for the efforts of the Department of 
Defense and the Department of Energy with respect to non-
proliferation; and 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2569 
(5) identify existing and planned mechanisms for improving 
the integration of Department of Defense and Department of 
Energy nonproliferation activities with those of other Federal 
departments and agencies. 
(c) COORDINATION WITH OTHER AGENCIES.—The report required 
by subsection (a) shall, for purposes of subsection (bX5), be coordi-
nated with the heads of other appropriate departments and 
agencies. 
(d) SUBMISSION OF REPORT.—(1) The report required by sub-
section (a) shall be submitted— 
(A) to the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(B) to the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Committee on Energy and Com-
merce of the House of Representatives. 
(2) The report shall be submitted not later than 180 days 
£ifter the date of enactment of this Act and shall be submitted 
in imclassilied form and, as necessary, in classified form. 
SEC. 1604. NONPROLIFERATION TECHNOLOGY INITIATIVE. 
(a) FUNDS FOR DEPARTMENT OF DEFENSE AcrivrnES.— 
(1) Of the amount appropriated pursueuit to section 103(3) 
for Other Procurement, Air Force, $6,000,000 shedl be available 
for the AFTAC Chem/Biological Collection/Processing program. 
(2) Of the amount appropriated pursuant to section 201(3) 
for Research, Development, Test, and Evaluation, Air Force, 
$6,500,000 shall be available for the Joint Seismic Program. 
(3) Of the amount appropriated pursuant to section 201(4) 
for Research, Development, Test, and Evaluation, Defense 
Agencies— 
(A) $11,600,000 shall be available for LIDAR, 
(B) $5,000,000 shall be available for Seismic programs 
of the Defense Advanced Research Projects Agency, and 
(C) $15,000,000 shall be available for Nuclear Prolifera-
tion Detection Technology programs of the Defense 
Advanced Research Projects Agency. 
(b) FUNDS FOR DEPARTMENT OF ENERGY ACTIVITIES.—Of the 
amount appropriated pursuant to section 3104(aX2) for Verification 
and Control Technologies, $86,000,000 shall be available for nuclear 
nonproliferation detection technologies and activities. Of such 
amount, not more than $30,000,000 may be obligated until the 
report required by section 1503 is submitted. 
SEC. 1506. INTERNATIONAL NONPROLIFERATION INITIATIVE. 
2
2 U
S
C 5859a. 
(a) ASSISTANCE FOR INTERNATIONAL NONPROLIFERATION ACTIVI-
TIES.—Subject to the Umitations and requirements provided in this 
section, during fiscal year 1993 the Secretary of Defense, under 
the guidance of the President, may provide assistance to support 
international nonproliferation activities. 
(b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE PROVIDED.— 
Activities for which assistance may be provided under this section 
are activities such as the following: 
(1) Activities carried out by the International Atomic 
Energy Agency (IAEA) that are designed to ensure more effec-
tive safeguards against nuclear proliferation and more 
aggressive verification of compliance with the Treaty on the 
Kwi-Proliferation of Nuclear Weapons, done on July 1, 1968. 
106 STAT. 2570 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) Activities of the On-Site Inspection Agency in support 
of the United Nations Special Commission on Ira^. 
(3) Collaborative international nuclear security and nuclear 
safety projects to combat the threat of nuclear theft, terrorism, 
or accidents, including joint emergency response exercises, tech-
nical assistance, and training. 
(4) Efforts to improve international cooperative monitoring 
of nuclear proliferation through joint technical projects and 
improved intelligence sharing. 
(c) FORM OF ASSISTANCE.—(1) Assistance under this section 
may include funds and in-kind contributions of supplies, eqmpment, 
personnel, training, and other forms of assistance. 
(2) Assistance under this section may be provided to inter-
national organizations in the form of fimds only if the amount 
in the "Contributions to International Organizations" accoimt of 
the Department of State is insufficient or otherwise unavailable 
to meet the United States fair share of assessments for international 
nuclear nonproliferation activities. 
(3) No amount may be obligated for an expenditure under 
this section vinless the Director of the Office of Management and 
Budget determines that the expenditure will be counted against 
the defense category of the discretionary spending limits for fiscal 
year 1993 (as defined in section 601(aX2) of the Congressional 
Budget Act of 1974) for purposes of part C of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
(4) No assistance may be furnished under this section unless 
the Secretary of Defense determines and certifies to the Congress 
30 days in advance that the provision of such assistance— 
(A) is in the national security interest of the United States; 
and 
(B) will not adversely afTect the military preparedness of 
the United States. 
(5) The authority to provide assistance under this section in 
the form of funds may be exercised only to the extent and in 
the amounts provided in advance in appropriations Act. 
(d) SOURCES OF ASSISTANCE.—(1) Fimds provided as assistance 
under this section shall be derived from amounts made available 
to the Department of Defense for fiscal year 1993 or from balances 
in working capital accounts of the Department of Defense. 
(2) Supplies and equipment provided as assistance under this 
section may be provided, by loan or donation, from existing stocks 
of the Department of Defense and the Department of Energy. 
(3) The total amount of the assistance provided in the form 
of funds under this section may not exceed $40,000,000. Of such 
amoimt, not more than $20,000,000 may be used for the activities 
of the On-Site Inspection Agency in support of the United Nations 
Special Commission on Iraq. 
Reports. 
(4) Not less than 30 days before obligating any fimds to provide 
assistance under this section, the Secretary of Defense shall trans-
mit to the committees of Congress named in subsection (eX2) a 
report on the proposed obligation. Each such report shall specify— 
(A) the account, budget activity, and particular program 
or programs from which the funds proposed to be obligated 
are to be derived and the amoimt of the proposed obligation; 
and 
(B) the activities and forms of assistance for which the 
Secretary of Defense plans to obligate the funds. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2571 
(e) QUARTERLY REPORT.—(1) Not later than 30 days after the 
end of each quarter of fiscal year 1993, the Secretary of Defense 
shall transmit to the committees of Congress named in paragraph 
(2) a report of the activities to reduce the proliferation threat 
carried out under this section. Each report shall set forth (for 
the preceding quarter and cumulatively)— 
(A) the sunoimts spent for such activities and the purposes 
for which they were spent; 
(B) a description of the participation of the Department 
of Defense and the Department of Energy and the participation 
of other Grovemment agencies in those activities; and 
(C) a description of the activities for which the funds were 
spent. 
(2) The committees of Congress to which reports under para-
graph (1) and imder subsection (dX2) are to be transmitted are— 
(A) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate; and 
(B) the Committee on Armed Services, the Committee on 
Appropriations, the Committee on Foreign Affairs, and the 
Committee on Energy and Commerce of the House of Represent-
atives. 
Iran-Iraq Arms 
Non-
Proliferation 
Act of 1992. 
50 use 1701 
note. 
TITLE XVI—IRAN-IRAQ ARMS NON-PROLIFERATION ACT 
OF 1992 
SEC. 1601. SHORT TITLE. 
This title may be cited as the "Iran-Iraq Arms Non-Proliferation 
Act of 1992". 
SEC. 1602. UNITED STATES POUCY. 
(a) IN GENERAL.—It shall be the policy of the United States 
to oppose, and urgently to seek the agreement of other nations 
also to oppose, any transfer to Iran or Iraq of any goods or tech-
nology, including dual-use goods or technology, wherever that trans-
fer could materially contribute to either country's acquiring 
chemical, biological, nuclear, or destebilizing numbers and types 
of advanced conventional weapons. 
(b) SANCTIONS.—(1) In the furtherance of this policy, the Presi- President, 
dent shall apply sanctions and controls with respect to Iran, Iraq, 
and those nations and persons who assist them in acquiring weap-
ons of mass destruction in accordance with the Foreign Assistance 
Act of 1961, the Nuclear Non-Proliferation Act of 1978, the Chemical 
and Biological Weapons Control and Warfare Elimination Act of 
1991, chapter 7 of the Arms Export Control Act, and other relevant 
statutes, regarding the non-proliferation of weapons of mass 
destruction and the means of their delivery. 
(2) The President should also urgently seek the agreement 
of other nations to adopt and institute, at the earliest practicable 
date, sanctions and controls comparable to those the United States 
is obligated to apply under this subsection. 
(c) PUBLIC IDENTIFICATION.—The Congress calls on the Presi-
dent to identify publicly (in the report required by section 1607) 
any country or person that transfers goods or technology to Iran 
or Iraq contrary to the policy set forth in subsection (a). 
106 STAT. 2572 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 1603. APPUCATION TO IRAN OF CERTAW IRAQ SANCTIONS. 
The sanctions against Iraq specified in paragraphs (1) through 
(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained 
in Public Law 101-513), including denial of export licenses for 
United States persons and prohibitions on United States Govern-
ment sales, shall be applied to the same extent and in the same 
manner with respect to Iran. 
SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS. 
(a) PROHiBmoN.—If any person transfers or retransfers goods 
or technology so as to contribute knowingly and materially to the 
efforts by Iran or Iraq (or any agency or instrumentality of either 
such country) to acquire destabilizing numbers and types of 
advanced conventional weapons, then the sanctions described in 
subsection (b) shall be imposed. 
(b) MANDATORY SANCTIONS.—The sanctions to be imposed 
pursuant to subsection (a) are as follows: 
(1) PROCUREMENT SANCTION.—For a period of two years, 
the United States Government shall not procure, or enter into 
any contract for the procurement of, any goods or services 
from the sanctioned person. 
(2) EXPORT SANCTION.—For a period of two years, the 
United Stetes Government shall not issue any license for any 
export by or 
to 
the sanctioned person. 
SEC. 160S. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. 
President. 
(a) PROHIBITION.—^If the President determines that the govern-
ment of any foreign country transfers or retransfers goods or tech-
nology so as to contribute knowingly and materially to the efforts 
by Iran or Iraq (or any agency or instrumentelity of either such 
country) to acquire destabilizing numbers and types of advanced 
conventional weapons, then— 
(1) the sanctions described in subsection (b) shall be 
imposed on such country; and 
(2) in addition, the President may apply, in the discretion 
of the President, the sanction described in subsection (c). 
(b) MANDATORY SANCTIONS.—Except as provided in paragraph 
(2), the sanctions to be imposed pursuant to subsection (aXl) are 
as follows: 
(1) 
SUSPENSION OF UNITED 
STATES 
ASSISTANCE.—The 
United Stetes Government shall suspend, for a period of one 
year, United Stetes assistence to the sanctioned country. 
(2) MULTILATERAL DEVELOPMENT BANK ASSISTANCE.—The 
Secretary of the Treasury shall instruct the United Stetes 
Executive Director to each appropriate international financial 
institution to oppose, and vote against, for a period of one 
year, the extension by such institution of any lo£m or financial 
or technical assistance to the sanctioned country. 
(3) SUSPENSION OF CODEVELOPMENT OR COPRODUCTION 
AGREEMENTS.—^The United Stetes shall suspend, for a period 
of one year, compliance with ite obligations under any memo-
randum of understanding with the sanctioned country for the 
codevelopment or coproduction of any item on the United Stetes 
Munitions List (esteblished under section 38 of the Arms Export 
Control Act), including any obligation for implementetion of 
the memorandiun of understending through the sale to the 
sanctioned country of technical date or assistance or the licens-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2573 
ing for export to the sanctioned country of any component 
part. 
(4) SUSPENSION OF MILITARY AND DUAL-USE TECHNICAL 
E
X
C
H
A
N
G
E AGREEMENTS.—^The United States shall suspend, for 
a period of one year, compliance with its obligations under 
any technical exchange agreement involving militery and dual-
use technology between the United States and the sanctioned 
country that does not directly contribute to the security of 
the United States, and no military or dual-use technology may 
be exported from the United States to the sanctioned country 
pursuant to that agreement during that period. 
(5) UNITED STATES MUNITIONS LIST.—NO item on the United 
States Munitions List (established pursuant to section 38 of 
the Arms Export Control Act) may be exported to the sanctioned 
country for a period of one year. 
(c) DISCRETIONARY SANCTION.—The sanction referred to in sub-
section (aX2) is as follows: 
(1) USE OF AUTHORITIES OF INTERNATIONAL EMERGENCY 
ECONOMIC POWERS ACT.—Except as provided in paragraph (2), 
the President may exercise, in accordance with the provisions 
of that Act, the authorities of the International Emergency 
Economic Powers Act with respect to the sanctioned coimtry. 
(2) EXCEPTION.—Paragraph (1) does not apply with respect 
to urgent humanitarian assistance. 
SEC. 1606. WAIVER. 
The President may waive the requirement to impose a sanction President. 
described in section 1603, in the case of Iran, or a sanction described 
in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 
days after the President determines and so reports to the Commit-
tees on Armed Services and Foreign Relations of the Senate and 
the Committees on Armed Services and Foreign Affairs of the 
House of Representatives that it is essential to the national interest 
of the United States to exercise such waiver authority. Any such 
report shall provide a specific and detailed rationale for such 
determination. 
SEC. 1607. REPORTING REQUIREMENT. 
(a) ANNUAL REPORT.—Beginning one year after the date of President. 
the enactment of this Act, and every 12 months thereafter, the 
President shall submit to the Committees on Armed Services and 
Foreign Relations of the Senate and the Committees on ^rmed 
Services and Foreign Affairs of the House of Representatives a 
report detailing— 
(1) all transfers or retransfers made by any person or 
foreign government during the preceding 12-month period 
which are subject to any sanction imder this title; and 
(2) the actions the President intends to undertake or has 
undertaken pursuant to this title with respect to each such 
transfer. 
(b) REPORT ON INDIVIDUAL TRANSFERS.—Whenever the Presi-
dent determines that a person or foreign government has made 
a transfer which is subject to any sanction imder this title, the 
President shall, within 30 days after such transfer, submit to the 
Committees on Armed Services and Foreign Relations of the Senate 
and the Committees on Armed Services and Foreign Affairs of 
the House of Representatives a report— 
106 STAT. 2574 
PUBLIC LAW 102-484—OCT. 23, 1992 
(1) identifying the person or government and providing 
the details of the transfer; and 
(2) describing the actions the President intends to under-
take or has undertfQcen under the provisions of this title with 
respect to each such trcuisfer. 
(c) FORM OF TRANSMITTAL.—^Reports required by this section 
may be submitted in classified as well as in unclassified form. 
SEC. 1608. DEFINITIONS. 
For purposes of this title: 
(1) The term "advanced conventional weapons" includes— 
(A) such long-range precision-guided munitions, fuel 
air explosives, cruise missiles, low observability aircraft, 
other radar evading aircraft, advanced military aircraft, 
military satellites, electromagnetic weapons, and laser 
weapons as the President determines destabilize the mili-
tary balance or enhance offensive capabilities in destabiliz-
ing ways; 
(B) such advanced command, control, and communica-
tions systems, electronic warfare systems, or intelligence 
collection systems as the President determines destabilize 
the military balance or enhance offensive capabilities in 
destabilizing ways; and 
(C) such other items or systems as the President may, 
by regulation, determine necessary for purposes of this 
title. 
(2) The term "cruise missile" means guided missiles that 
use aerodynamic lift to offset gravity and propulsion to counter-
act drag. 
(3) The term "goods or technology" means— 
(A) any article, natural or manmade substance, mate-
rial, supply, or manufactured product, including inspection 
and test equipment; and 
(B) any information and know-how (whether in tangible 
form, such as models, prototypes, drawings, sketches, dia-
grams, blueprints, or manuals, or in intangible form, such 
as training or technical services) that can be used to design, 
produce, manufacture, utilize, or reconstruct goods, includ-
ing computer software and technical data. 
(4) The term "person" means any United States or foreign 
individual, partnership, corporation, or other form of associa-
tion, or any of their successor entities, parents, or subsidiaries. 
(5) The term "sanctioned country" means a coimtry against 
which sanctions are required to be imposed pursuant to section 
1605. 
(6) The term "sanctioned person" means a person that 
makes a transfer described in section 1604(a). 
(7) The term "United States assistance" means— 
(A) any assistance under the Foreign Assistance Act 
of 1961, other than— 
(i) urgent humanitarian assistance or medicine, 
and 
(ii) assistance under chapter 11 of part I (as 
enacted by the Freedom for Russia and Emerging Eur-
asian Democracies and Open Markets Support Act of 
1992); 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2575 
(B) sales and assistance under the Arms Export Control 
Act; 
(C) financing by the Commodity Credit Corporation 
for export sales of agricultural commodities; and 
(D) financing under the Export-Import Bank Act. 
TITLE XVII—CUBAN DEMOCRACY ACT OF 1992 
Cuban 
Democracy Act 
_ - _ 
of 1992. 
SEC. 1701. SHORT TITLE. 
22 USC 6001 
This title may be cited as the "Cuban Democracy Act of 1992". "°*^ 
SEC. 1702. FINDINGS. 
22 USC 6001. 
The Congress makes the following findings: 
(1) The government of Fidel Castro has demonstrated 
consistent disregard for internationally accepted standards of 
human rights and for democratic values. It restricts the Cuban 
people's exercise of freedom of speech, press, assembly, and 
other rights recognized by the Universal Declaration of Human 
Rights adopted by the General Assembly of the United Nations 
on December 10, 1948. It has refused to admit into Cuba 
the representative of the United Nations Human Rights 
Commission appointed to investigate human rights violations 
on the island. 
(2) The Cuban people have demonstrated their yearning 
for freedom and their increasing opposition to the Castro 
government by risking their lives in organizing independent, 
democratic activities on the island and by xmdertaking hazard-
ous flights for freedom to the United States and other countries. 
(3) The Castro government maintains a military-dominated 
economy that has decreased the well-being of the Cuban people 
in order to enable the government to engage in military inter-
ventions and subversive activities throughout the world and, 
especially, in the Western Hemisphere. These have included 
involvement in narcotics trafficking and support for the FMLN 
guerrillas in El Salvador. 
(4) There is no sign that the Castro regime is prepared 
to make any significant concessions to democracy or to under-
take any form of democratic opening. Efforts to suppress dissent 
through intimidation, imprisonment, and exile have accelerated 
since the political changes that have occurred in the former 
Soviet Union and Eastern Europe. 
(5) Events in the former Soviet Union and Eastern Europe 
have dramatically reduced Cuba's external support 
and 
threaten Cuba's food and oil supplies. 
(6) The fall of communism in the former Soviet Union 
and Eastern Europe, the now universal recognition in Latin 
America and the Caribbean that Cuba provides a failed model 
of government and development, and the evident inability of 
Cuba's economy to survive current trends, provide the United 
Stetes and the international democratic community with an 
unprecedented opportunity to promote a peaceful transition 
to democracy in Cuba. 
(7) However, Castro's intransigence increases the likelihood 
that there could be a collapse of the Cuban economy, social 
upheaval, or widespread suffering. The recently concluded 
Cuban Communist Party Congress has underscored Castro's 
106 STAT. 2576 
PUBLIC LAW 102-484—OCT. 23, 1992 
unwillingness to respond positively to increasing pressures for 
reform either from within the party or without. 
(8) The United States cooperated with its European and 
other allies to assist the difiEicult transitions from Communist 
regimes in Eastern Europe. Therefore, it is appropriate for 
those allies to cooperate with United States policy to promote 
a peaceful transition in Cuba. 
22 use 6002. 
SEC. 1703. STATEMENT OF POUCY. 
It should be the policy of the United States— 
(1) to seek a peaceful transition to democracy and a resimip-
tion of economic growth in Cuba through the careful application 
of sanctions directed at the Castro government and support 
for the Cuban people; 
(2) to seek the cooperation of other democratic countries 
in this policy; 
(3) to make clear to other countries that, in determining 
its relations with them, the United States will take into account 
their willingness to cooperate in such a policy; 
(4) to seek the speedy termination of any remaining mili-
tary or technical assistance, subsidies, or other forms of assist-
ance to the Government of Cuba from any of the independent 
states of the former Soviet Union; 
(5) to continue vigorously to oppose the human rights viola-
tions of the Castro regime; 
(6) to maintain sanctions on the Castro regime so long 
as it continues to refuse to move toward democratization and 
greater respect for human rights; 
(7) to be prepared to reduce the sanctions in carefully 
calibrated ways in response to positive developments in Cuba; 
(8) to encourage free and fair elections to determine Cuba's 
political futiu-e; 
(9) to request the speedy termination of any military or 
technical assistance, subsidies, or other forms of assistance 
to the Government of Cuba from the government of any other 
country; and 
(10) to initiate immediately the development of a com-
prehensive United States policy toward Cuba in a post-Castro 
era. 
22 use 6003. 
SEC. 1704. INTERNATIONAL COOPERATION. 
(a) CUBAN TRADING PARTNERS.—The President should encour-
age the governments of countries that conduct trade with Cuba 
to restrict their trade and credit relations with Cuba in a manner 
consistent with the purposes of this title. 
(b) SANCTIONS AGAINST COUNTRIES ASSISTING CUBA.— 
President. 
(1) SANCTIONS.—^The President may apply the following 
sanctions to any country that provides assistance to Cuba: 
(A) The government of such country shall not be 
eli^ble for assistance under the Foreign Assistance Act 
of 1961 or assistance or sales imder the Arms Export 
^- 
Control Act. 
(B) Such country shall not be eligible, under any pro-
e
'am, for forgiveness or reduction of debt owed to the 
nited States Government. 
(2) DEFINITION OF ASSISTANCE.—For purposes of paragraph 
(1), the term "assistance to Cuba"— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2577 
(A) means assistance to or for the benefit of the Govern-
ment of Cuba that is provided by grant, concessional sale, 
guaranty, or insurance, or by any other means on terms 
more favorable than that generally available in the 
applicable market, whether in the form of a loan, lease, 
credit, or otherwise, and such term includes subsidies for 
exports to Cuba and favorable tariff treatment of articles 
that are the growth, product, or manufacture of Cuba; 
and 
(B) does not include— 
(i) donations of food to nongovernmental organiza-
tions or individuals in Cuba, or 
(ii) exports of medicines or medical supplies, 
instruments, or equipment that would be permitted 
under section 1705(c). 
(3) APPLICABILITY OF SECTION.—This section, and any sanc-
tions imposed pursuant to this section, shall cease to apply 
at such time as the President makes and reports to the Con-
gress a determination under section 1708(a). 
SEC. 1706. SUPPORT FOR THE CUBAN PEOPLE. 
22 USC 6004. 
(a) PROVISIONS OF LAW AFFECTED.—The provisions of this sec-
tion apply notwithstanding any other provision of law, including 
section 620(a) of the Foreign Assistance Act of 1961, and notwith-
standing the exercise of authorities, before the enactment of this 
Act, under section 5(b) of the Trading With the Enemy Act, the 
International Emergency Economic Powers Act, or the Export 
Administration Act of 1979. 
(b) DONATIONS OF FOOD.—Nothing in this or any other Act 
shall prohibit donations of food to nongovernmental organizations 
or individuals in Cuba. 
(c) EXPORTS OF MEDICINES AND MEDICAL SUPPLIES.—Exports 
of medicines or medical supplies, instruments, or equipment to 
Cuba shall not be restricted— 
(1) except to the extent such restrictions would be permitted 
under section 5(m) of the Export Administration Act of 1979 
or section 203(bX2) of the International Emergency Economic 
Powers Act; 
(2) except in a case in which there is a reasonable likelihood 
that the item to be exported will be used for purposes of 
torture or other human rights abuses; 
(3) except in a case in which there is a reasonable likelihood 
that the item to be exported will be reexported; and 
(4) except in a case in which the item to be exported 
could be used in the production of any biotechnological product. 
(d) REQUIREMENTS FOR CERTAIN EXPORTS.— 
(1) ONSITE VERIFICATIONS.—<A) Subject to subparagraph 
(B), an export may be made luider subsection (c) only if the 
President determines that the United States Government is 
able to verify, by onsite inspections and other appropriate 
means, that the exported item is to be used for the purposes 
for which it was intended and only for the use and benefit 
of the Cuban people. 
(B) Subparagraph (A) does not apply to donations to non-
governmental organizations in Cuba of medicines for humani-
tarian purposes. 
106 STAT. 2578 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) LICENSES.—^Exports permitted iinder subsection (c) shall 
be made pursuant to specific licenses issued by the United 
States Grovemment. 
(e) TELECOMMUNICATIONS SERVICES AND FACILITIES.— 
(1) TELECOMMUNICATIONS SERVICES.—Telecommimications 
services between the United States and Cuba shall be per-
mitted. 
(2) 
TELECOMMUNICATIONS 
FACILITIES.—Telecommuni-
cations facilities are authorized in such quantity and of such 
quality as may be necessary to provide emcient and adequate 
telecommunications services between the United States and 
Cuba. 
President. 
(3) LICENSING OF PAYMENTS TO CUBA.—(A) The President 
may provide for the issuance of licenses for the full or partial 
payment to Cuba of amoimts due Cuba as a result of the 
provision of telecommunications services authorized by this 
subsection, in a manner that is consistent with the public 
interest and the purposes of this title, except that this para-
graph shall not require any withdrawal from any account 
blocked pursuant to regulations issued under section 5(b) of 
the Trading With the Enemy Act. 
(B) If only partial pajnnents are made to Cuba under 
subparagraph (A), the amounts withheld from Cuba shall be 
deposited in an account in a banking institution in the United 
States. Such account shall be blocked in the same manner 
as any other account containing funds in which Cuba has 
any interest, piu'suant to regulations issued under section 5(b) 
of the Trading With the Enemy Act. 
(4) AUTHORITY OF FEDERAL COMMUNICATIONS COMMIS-
SION.^—^Nothing in this subsection shall be construed to super-
sede the authority of the Federal Communications Commission. 
(f) DIRECT MAIL DELIVERY TO CUBA.—The United States Postal 
Service shall take such actions as are necessary to provide direct 
mail service to and from Cuba, including, in the absence of common 
carrier service between the 2 countries, the use of charter service 
providers. 
(g) ASSISTANCE TO SUPPORT DEMOCRACY IN CUBA.—The United 
States Government may provide assistance, through appropriate 
nongovernmental organizations, for the support of individuals and 
organizations to promote nonviolent democratic change in Cuba. 
22 use 6005. 
SEC. 1706. SANCTIONS. 
(a) PROHIBITION ON CERTAIN TRANSACTIONS BETWEEN CERTAIN 
UNITED STATES FIRMS AND CUBA.— 
(1) PROHIBITION.—^Notwithstanding any other provision of 
law, no license may be issued for any transaction described 
in section 515.559 of title 31, Code of Federal Regulations, 
as in effect on July 1,1989. 
(2) APPLICABILITY TO EXISTING CONTRACTS.—Paragraph (1) 
shall not affect any contract entered into before the date of 
the enactment of this Act. 
(b) PROHIBITIONS ON VESSELS.— 
(1) VESSELS ENGAGING IN TRADE.—Beginning on the 61st 
day after the date of the enactment of this Act, a vessel which 
enters a port or place in Cuba to engage in the trade of 
goods or services may not, within 180 days after departure 
from such port or place in Cuba, load or unload any freight 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2579 
at any place in the United States, except pursuant to a license 
issued by the Secretary of the Treasury. 
(2) VESSELS CARRYING GOODS OR PASSENGERS TO OR FROM 
CUBA.—Except as specifically authorized by the Secretary of 
the Treasury, a vessel carrying goods or passengers to or from 
Cuba or canying goods in which Cuba or a Cuban national 
has any interest may not enter a United States port. 
(3) INAPPLICABILITY OF SHIP STORES GENERAL LICENSE.— 
No commodities which may be exported under a general license 
described in section 771.9 of title 15, Code of Federal Regula-
tions, as in effect on May 1, 1992, may be exported under 
a general license to any vessel carrying goods or passengers 
to or from Cuba or carrying goods in which Cuba or a Cuban 
national has an interest. 
(4) DEFINITIONS.—^As used in this subsection— 
(A) the term "vessel" includes every description of 
water craft or other contrivance used, or capable of being 
used, as a means of transportation in water, but does 
not include aircraft; 
(B) the term *^nited States" includes the territories 
and possessions of the United States and the customs 
waters of the United States (as defined in section 401 
of the Tariff Act of 1930 (19 U.S.C. 1401)); and 
(C) the term "Cuban national" means a national of 
Cuba, as the term "national" is defined in section 515.302 
of title 31, Code of Federal Regulations, as of August 1, 
1992. 
(c) RESTRICTIONS ON REMITTANCES TO CUBA.—The President President, 
shall establish strict limits on remittances to Cuba by United States 
persons for the purpose of financing the travel of Cubans to the 
United States, in order to ensure that such remittances reflect 
only the reasonable costs associated with such travel, and are 
not used by the Grovemment of Cuba as a means of gaining access 
to United States currency. 
(d) 
CLARIFICATION OF APPLICABILITY OF SANCTIONS.—The 
prohibitions contained in subsections (a), (b), and (c) shall not 
apply with respect to any activity otherwise permitted by section 
1705 or section 1707 of this Act or any activity which may not 
be regulated or prohibited under section 5(bX4) of the Trading 
With the Enemy Act (50 U.S.C. App. 5(bX4)). 
SEC. 1707. POUCY TOWARD A TRANSITIONAL CUBAN GOVERNMENT. 
22 USC 6006. 
Food, medicine, and medical supplies for humanitarian pur-
poses should be made available for Cuba under the Foreign Assist-
ance Act of 1961 and the Agricultural Trade Development and 
Assistance Act of 1954 if the President determines and certifies 
to the Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate that the 
government in power in Cuba— 
(1) has made a public commitment to hold free and fair 
elections for a new government within 6 months and is proceed-
ing to implement that decision; 
(2) has made a public commitment to respect, and is 
respecting, internationally recognized human rights and basic 
democratic freedoms; and 
106 STAT. 2580 
PUBLIC LAW 102-484—OCT. 23, 1992 
(3) is not providing weapons or funds to any group, in 
any other country, that seeks the violent overthrow of the 
government of that country. 
22 use 6007. 
SEC. 1708. POUCY TOWARD A DEMOCRATIC CUBAN GOVERNMENT. 
(a) WAIVER OF RESTRICTIONS.—The President may waive the 
requirements of section 1706 if the President determines and 
reports to the Congress that the Government of Cuba— 
(1) has held free and fair elections conducted under inter-
nationally recognized observers; 
(2) has permitted opposition parties ample time to organize 
and campaign for such elections, and has permitted full access 
to the media to all candidates in the elections; 
(3) is showing respect for the basic civil liberties and human 
rights of the citizens of Cuba; 
(4) is moving toward establishing a free market economic 
system; and 
(5) has committed itself to constitutional change that would 
ensure regular free and fair elections that meet the require-
ments of paragraph (2). 
(b) POLICIES.—If the President makes a determination under 
subsection (a), the President shall take the following actions with 
respect to a Cuban Government elected pursuant to elections 
described in subsection (a): 
(1) To encourage the admission or reentry of such govern-
ment to international organizations and international financial 
institutions. 
(2) To provide emergency relief during Cuba's transition 
,. 
to a viable economic system. 
(3) To take steps to end the United States trade embargo 
of Cuba. 
22 use 6008. 
SEC. 1709. EXISTING CLAIMS NOT AFFECTED. 
Except as provided in section 1705(a), nothing in this title 
affects the provisions of section 620(aX2) of the Foreign Assistance 
Act of 1961. 
22 use 6009. 
SEC. 1710. ENFORCEMENT. 
(a) ENFORCEMENT AUTHORITY.—The authority to enforce this 
title shall be carried out by the Secretary of the Treasury. The 
Secretary of the Treasury shall exercise the authorities of the 
Trading With the Enemy Act in enforcing this title. In carrying 
out this subsection, the Secretary of the Treasury shall take the 
necessary steps to ensure that activities permitted under section 
1705 are carried out for the purposes set forth in this title and 
not for purposes of the accumulation by the Cuban Government 
of excessive amoimts of United States currency or the accumulation 
of excessive profits by any person or entity. 
(b) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to the Secretary of the Treasury such sums 
as may be necessary to carry out this title. 
(c) PENALTIES UNDER THE TRADING WITH THE ENEMY ACT.— 
Section 16 of the Trading With the Enemy Act (50 U.S.C. App. 
16) is amended— 
(1) by striking "That whoever" and inserting "(a) Whoever"; 
and 
(2) by adding at the end the following: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2581 
"(bXD The Secretary of the Treasury may impose a civil penalty 
of not more than $50,000 on any person who violates any license, 
order, rule, or regulation issued under this Act. 
"(2) Any property, funds, securities, papers, or other articles 
or documents, or any vessel, together with its tackle, apparel, 
furniture, and equipment, that is the subject of a violation under 
paragraph (1) shall, at the discretion of the Secretary of the Treas-
ury, be lorfeited to the United States Government. 
"(3) The penalties provided under this subsection may not be 
imposed for— 
"(A) news gathering, research, or the export or import 
of, or transmission of, information or informational materials; 
or 
''(B) clearly defined educational or religious activities, or 
activities of recognized human rights organizations, that are 
reasonably limited in frequency, duration, and number of 
participants. 
(4) The penalties provided under this subsection may be 
imposed only on the record after opportunity for an agency hearing 
in accordance with sections 554 tnrough 557 of title 5, United 
States Code, with the right to prehearing discovery. 
"(5) Judicial review of any penalty imposed under this sub-
section may be had to the extent provided in section 702 of title 
5, United States Code.". 
(d) APPLICABILITY OF PENALTIES.—The penalties set forth in 
section 16 of the Trading With the Enemy Act shall apply to 
violations of this title to the same extent as such penalties apply 
to violations under that Act. 
(e) OFFICE OF FOREIGN ASSETS CONTROL.—The Department 
of the Treasury shall establish and maintain a branch of the Office 
of Foreign Assets Control in Miami, Florida, in order to strengthen 
the enforcement of this title. 
SEC. 1711. DEFINITION. 
22 USC 6010. 
As used in this title, the term "United States person" means 
any United States citizen or alien admitted for permanent residence 
in the United States, and any corporation, partnership, or other 
organization organized under the laws of the United States. 
SEC. 1712. EFFECTIVE DATE. 
22 USC 6001 
This title shall take effect on the date of the enactment of 
this Act. 
TITLE XVIII—FEDERAL CHARTERS FOR PATRIOTIC 
ORGANIZATIONS 
Subtitle A—Military Order of the World Wars 
SEC. 1801. RECOGNITION AS CORPORATION AND GitANT OF FEDERAL 36 USC 5001. 
CHARTER 
The Military Order of the World Wars, a nonprofit corporation 
org£inized under the laws of the District of Columbia, is recognized 
as such and is granted a Federal charter. 
SEC. 1802. POWERS. 
36 USC 5002. 
The Military Order of the World Wars (in this subtitle referred 
to as the "corporation") shall have only those powers granted to 
it through its bylaws and articles of incorporation filed in the 
106 STAT. 2582 
PUBLIC LAW 102-484—OCT. 23, 1992 
State in which it is incorporated and subject to the laws of such 
State. 
36 use 5003. 
SEC. 1803. OBJECTS AND PURPOSES. 
The objects and purposes of the corporation are those provided 
in its bylaws and articles of incorporation and shall include the 
following: 
(1) Promoting military service associations. 
(2) Promoting patriotic education and military, naval, and 
air science. 
(3) Defending the honor and integrity of the Federal 
Government and the Constitution. 
(4) Fostering fraternal relations among all branches of 
the Armed Forces. 
(5) Encouraging the adoption of a suitable policy of national 
security. 
(6) Encouraging the commemoration of military service and 
the establishment of war memorials. 
36 use 5004. 
SEC. 1804. SERVICE OF PROCESS. 
With respect to service of process, the corporation shall comply 
with the laws of the State in which it is incorporated and those 
States in which it carries on its activities in furtherance of its 
corporate purposes. 
36 use 5005. 
SEC. 1805. MEMBERSmP. 
Except as provided in section 1808, eligibility for membership 
in the corporation and the rights and privileges of members of 
the corporation shall be as provided in the articles of incorporation 
and bylaws of the corporation. 
36 use 5006. 
SEC. 1806. BOARD OF DIRECTORS. 
Except as provided in section 1808, the composition of the 
board of directors of the corporation and the responsibilities of 
such board shall be as provided in the articles of incorporation 
of the corporation and in conformity with the laws of the State 
in which it is incorporated. 
36 use 5007. 
SEC. 1807. OFFICERS OF CORPORATION. 
Except as provided in section 1808, the positions of officers 
of the corporation and the election of members to such positions 
shall be as provided in the articles of incorporation of the corpora-
tion and in conformity with the laws of the State in which it 
is incorporated. 
36 use 5008. 
SEC. 1808. PROHIBITION AGAINST DISCRIMINATION. 
In establishing the conditions of membership in the corporation 
and in determining the requirements for serving on the board 
of directors or as an officer of the corporation, the corporation 
may not discriminate on the basis of race, color, religion, sex, 
handicap, age, or national origin. 
36 use 5009. 
SEC. 1809. RESTRICTIONS. 
(a) INCOME AND COMPENSATION.—No part of the income or 
assets of the corporation may inure to the benefit of any member, 
officer, or director of the corporation or be distributed to any such 
individual during the life of this charter. Nothing in this subsection 
shall be construed to prevent the payment of reasonable compensa-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2583 
tion to the officers of the corporation or reimbursement for actual 
necessanr expenses in amounts approved by the board of directors. 
(b) LOANS.—^The corporation may not make any loan to any 
officer, director, or employee of the corporation. 
(c) STOCK.—^The corporation shall have no power to issue any 
shares of stock or to declare or pay any dividends. 
(d) CONGRESSIONAL APPROVAL.—The corporation shall not claim 
congressional approval or the authorization of the Federal Govern-
ment for any of its activities by virtue of this subtitle. 
SEC. 1810. LIABILITY. 
36 USC 5010. 
The corporation shall be liable for the acts of its officers and 
agents whenever such officers and agents have acted within the 
scope of their authority. 
SEC. 1811. BOOKS AND RECORDS. 
36 USC 5011. 
The corporation shall keep correct and complete books and 
records of account and minutes of any proceeding of the corporation 
involving any of its members, the board of directors, or any commit-
tee having authority under the board of directors. The corporation 
shall keep, at its principal office, a record of the names and 
addresses of all members having the right to vote in any proceeding 
of the corporation. All books and records of such corporation may 
be inspected by any member having the right to vote in any corpora-
tion proceeding, or by any agent or attorney of such member, 
for any proper purpose at any reasonable time. Nothing in this 
section shall be construed to contravene any applicable State law. 
SEC. 1812. AUDIT OF FINANCIAL TRANSACTIONS. 
The first section of the Act entitled "An Act to provide for 
audit of accounts of private corporations established unaer Federal 
law", approved August 30, 1964 (36 U.S.C. 1101), is amended by 
adding at the end the following: 
"(75) The Military Order of the World Wars.". 
SEC. 1818. ANNUAL REPORT. 
36 USC 5012. 
The corporation shall report annually to the Congress concern-
ing the activities of the corporation during the preceding fiscal 
year. Such annual report shall be submitted at the same time 
as the report of the audit required by section 2 of the Act referred 
to in section 1812. The report shall not be printed as a public 
document. 
SEC. 1814. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. 36 USC 5013. 
The right to alter, amend, or repeal this section is expressly 
reserved to the Congress. 
SEC. 1815. TAX-EXEMPT STATUS. 
36 USC 5014. 
The corporation shall maintain its status as an organization 
exempt from taxation as provided in the Internal Revenue Code 
of 1986. If the corporation fails to maintain such status, the charter 
granted by this subtitle shall expire. 
SEC. 1816. TERMINATION. 
36 USC 5015. 
The charter granted by this subtitle shall expire if the corpora-
tion fails to comply with— 
(1) any restriction or other provision of this subtitle; 
(2) any provision of its bylaws or articles of incorporation; 
or 
106 STAT. 2584 
PUBLIC LAW 102-484~OCT. 23, 1992 
(3) any provision of the laws of the District of Columbia 
that apply to corporations such as the corporation recognized 
under tnis subtitle. 
36 use 5016. 
SEC. 1817. DEFINITION. 
For purposes of this subtitle, the term "State" includes the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, and the territories 
and possessions of the United States. 
Subtitle B—^Retired Enlisted Association, Incorporated 
36 use 5101. 
SEC. 1821. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL 
CHARTER. 
The Retired Enlisted Association, Incorporated, a nonprofit cor-
poration organized under the laws of the State of Colorado, is 
recognized as such and is granted a Federal charter. 
36 use 5102. 
SEC. 1822. POWERS. 
The Retired Enlisted Association, Incorporated (in this subtitle 
referred to as the "corporation") shall have only those powers 
granted to it through its bylaws and articles of incorporation filed 
in the State in which it is incorporated and subject to the laws 
of such State. 
36 use 5103. 
SEC. 1823. OBJECTS AND PURPOSES. 
The objects and purposes of the corporation are those provided 
in its bylaws and articles of incorporation and shall include the 
following: 
(1) Upholding and defending the Constitution of the United 
States. 
(2) Promoting health, prosperity, and scholarship among 
its members and their dependents and survivors through 
benevolent programs. 
(3) Assisting veterans and their dependents and survivors 
through a service program established for that purpose. 
(4) Improving conditions for retired enlisted service mem-
bers, veterans, and their dependents and survivors. 
(5) Fostering fraternal and social activities among its mem-
bers in recognition that cooperative action is required for the 
furtherance of their common interests. 
36 use 5104. 
SEC. 1824. SERVICE OF PROCESS. 
With respect to service of process, the corporation shall comply 
with the laws of the State in which it is incorporated and those 
States in which it carries on its activities in furtherance of its 
corporate purposes. 
36 use 5105. 
SEC. 1826. MEMBERSHIP. 
Except as provided in section 1828, eligibility for membership 
in the corporation and the rights and privileges of members of 
the corporation shall be as provided in the articles of incorporation 
and bylaws of the corporation. 
36 use 5106. 
SEC. 1826. BOARD OF DIRECTORS. 
Except as provided in section 1828, the composition of the 
board of directors of the corporation and the responsibilities of 
such board shall be as provided in the articles of incorporation 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2585 
of the corporation and in conformity with the laws of the State 
in which it is incorporated. 
SEC. 1827. OFFICERS OF CORPORATION. 
36 USC 5107. 
Except as provided in section 1828, the positions of officers 
of the corporation and the election of members to such positions 
shall be as provided in the articles of incorporation of the corpora-
tion and in conformity with the laws of the State in which it 
is incorporated. 
SEC. 1828. PROHIBrnON AGAINST DISCRIMINATION. 
36 USC 5108. 
In establishing the conditions of membership in the corporation 
and in determining the requirements for serving on the board 
of the directors or as an officer of the corporation, the corporation 
may not discriminate on the basis of race, color, religion, sex, 
handicap, age or national origin. 
SEC. 1829. RESTRICTIONS. 
36 USC 5109. 
(a) INCOME AND COMPENSATION.—No part of the income or 
assets of the corporation may inure to the benefit of any member, 
officer, or director of the corporation or be distributed to any such 
individual during the life of mis charter. Nothing in this subsection 
shall be construed to prevent the payment of reasonable compensa-
tion to the officers of the corporation or reimbursement for actual 
necessary expenses in amounts approved by the board of directors. 
(b) LOANS.—^The corporation may not make any loan to any 
officer, director, or employee of the corporation. 
(c) STOCK.—^The corporation shall have no power to issue any 
shares of stock nor to declare or pay anv dividends. 
(d) CONGRESSIONAL AppROVAL.^Tne corporation shall not claim 
congressional approval or the authorization of the Federal Govern-
ment for any of its activities by virtue of this subtitle. 
SEC. 1830. LIABILITY. 
36 USC 5110. 
The corporation shall be liable for the acts of its officers and 
agents whenever such officers and agents have acted within the 
scope of their authority. 
SEC. 1831. BOOKS AND RECORDS. 
36 USC 5111. 
The corporation shall keep correct and complete books and 
records of account and minutes of any proceeding of the corporation 
involving any of its members, the board of directors, or any commit-
tee having authority under the board of directors. The corporation 
shall keep, at its principal office, a record of the names and 
addresses of all members having the right to vote in any proceeding 
of the corporation. All books and records of such corporation may 
be inspected by any member having the right to vote in any corpora-
tion proceeding, or by any agent or attorney of such member, 
for any proper purpose at any reasonable time. Nothing in this 
section shall be construed to contravene any applicable State law. 
SEC. 1832. AUDIT OF FINANCIAL TRANSACTIONS. 
The first section of the Act entitled "An Act to provide for 
audit of accounts of private corporations established under Federal 
law," approved August 30, 1964 (36 U.S.C. 1101), as amended 
by section 1812 of this Act, is further amended by adding at the 
end the following: 
"(76) The Retired Enlisted Association, Incorporated.". 
106 STAT. 2586 
PUBLIC LAW 102-484—OCT. 23, 1992 
36 use 5112. 
36 use 5113. 
36 use 5114. 
36 use 5115. 
36 use 5116. 
36 use 5117. 
Military 
eonstruction 
Authorization 
Act for Fiscal 
Year 1993. 
SEC. 1833. ANNUAL REPORT. 
The corporation shall report annually to the Congress concern-
ing the activities of the corporation during the preceding fiscal 
year. Such annual report shall be submitted at the same time 
as the report of the audit required by section 2 of the Act referred 
to in section 1832. The report shall not be printed as a public 
document. 
SEC. 1834. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. 
The right to alter, amend, or repeal this section is expressly 
reserved to the Congress. 
SEC. 1835. TAX-EXEMPT STATUS. 
The corporation shall maintain its status as an organization 
exempt from taxation as provided in the Internal Revenue Code 
of 1986. If the corporation fails to maintain such status, the charter 
granted by this subtitle shall expire. 
SEC. 1836. EXCLUSIVE RIGHTS TO NAMES. 
The corporation shall have the sole and exclusive right to 
use the names The Retired Enlisted Association, Incorporated", 
The Retired Enlisted Association", "Retired Enlisted Association", 
and TREA", and such seals, emblems, and badges as the corpora-
tion ma^ lawfiilly adopt. Nothing in this section may be construed 
to conflict or interfere with rights that are established or vested 
before the date of the enactment of this Act. 
SEC. 1837. TERMINATION. 
If the corporation fails to comply with any of the restrictions 
or provisions of this subtitle, the charter granted by this subtitle 
shall expire. 
SEC. 1838. DEFINITION. 
For purposes of this subtitle, the term "State" includes the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, and the territories 
and possessions of the United States. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the "Military Construction 
Authorization Act for Fiscal Year 1993". 
TITLE XXI—ARMY 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2105(aXl), and, in the case of the project described in section 
2105(bX2), other amounts appropriatea pursuant to authorizations 
enacted after this Act for such project, the Secretary of the Army 
may acquire real property ana carry out military construction 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2587 
projects for the installations and locations inside the United States, 
and in the amounts, set forth in the following table: 
Army: Inside the United States 
State 
Alabama 
Alaska 
Arkansas 
California 
Georgia 
Hawaii 
KflPflflA 
,,.,,, 
Kentucky 
Louisiana 
Maryland 
New Jersey 
New Mexico 
New York 
North Carolina 
Oklahoma 
Pennsylvania 
Utah 
Virginia 
CONUS Classified 
Installation or location 
Anniston Army Depot 
Fort McClellan 
Fort Wainwright 
Pine Bluff Arsenal 
Sierra Army Depot 
Fitzsimons Army Medical Center 
Fort Gillem 
Fort Gordon 
Fort McPherson 
Hunter Army Airfield 
Schofield Barracks 
Fort Riley 
Fort Knox 
Fort Polk 
Aberdeen Proving Ground 
Fort Monmouth 
Picatinny Arsenal 
Fort Drum 
United States Military Academy, 
West Point 
Fort Bragg 
Fort Sill 
Letterkenny Army Depot 
Fort Bliss 
Fort Hood 
Red River Army Depot 
Tooele Army Depot 
Fort Belvoir 
Fort Pickett 
Classified Location 
Amount 
$105,300,000 
$10,100,000 
$3,950,000 
$26,800,000 
$2,450,000 
$25,400,000 
$2,700,000 
$23,000,000 
$10,200,000 
$5,400,000 
$23,300,000 
$13,200,000 
$15,600,000 
$7,400,000 
$3,400,000 
$3,550,000 
$6,050,000 
$6,000,000 
$21,500,000 
$1,600,000 
$8,700,000 
$1,500,000 
$5,400,000 
$21,200,000 
$24,960,000 
$33,000,000 
$3,600,000 
$9,200,000 
$1,200,000 
$5,800,000 
$2,700,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2105(aX2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Army: 
Country 
OCONUS Classified 
Outside the United States 
Installation or location 
Classified Locations 
Amount 
$11,600,000 
$1,700,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2105(aX6XA), the Secretary of the Army may construct or acquire 
106 STAT. 2588 
PUBLIC LAW 102-484—OCT. 23, 1992 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
State 
Hawaii 
Kentucky 
Texas 
Virginia 
Army: Family H o u s i n g 
Installation 
Fort Campbell 
Fort Hood 
Fort Pickett 
Purpose 
200 units 
96 units 
227 units 
26 units 
Amount 
$23,000,000 
$8,200,000 
$25,000,000 
$2,300,000 
(b) 
PLANNING 
AND DESIGN.—^Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2105(aX6XA), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $8,940,000. 
SEC. 2103. IMPROVEMENTS TO MIUTARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2105(aX6XA), the Secretary of the Army may 
improve existing military family housing in an amount not to exceed 
$92,600,000. 
SEC. 2104. DEFENSE ACCESS ROADS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2105(aX3), the Secretary of the Army 
may make advances to the Secretary of Transportation for the 
construction of defense roads under section 210 of title 23, United 
States Code, at Pohakaloa Training Area, Hawaii, in the total 
amount of $2,400,000. 
SEC. 2106. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1992, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $2,127,397,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $338,860,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $13,300,000. 
(3) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $2,400,000. 
(4) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$3,800,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$112,300,000. 
(6) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $160,040,000. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2589 
(B) For support of military family housing (including 
the functions aescribed in section 2833 of title 10, United 
States Code), $1,363,697,000, of which not more than 
$358,241,000 may be obligated or expended for the leasing 
of military family housing worldwide. 
(7) For the Homeowners Assistance Program as authorized 
by section 2832 of title 10, United States Code, $133,000,000, 
to remain available until e]q>ended. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed the total amount— 
(1) authorized to be appropriated under paragraphs (1) 
and (2) of subsection (a); and 
(2) $95,300,000 (the balance of the amoimt authorized 
under section 2101(a) of the construction of the Ammunition 
Demilitarization Facility, Anniston Army Depot, Alabama). 
SEC. 2106. INCREASE IN LIMITATION ON LEASING OF MIUTARY FAM-
ILY HOUSING WORLDWIDE BY THE DEPARTMENT OF THE 
ARMY. 
Section 2105(aX6XB) the National Defense Authorization Act 
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
1512) is amended by striking out "$360,783,000" and inserting 
in lieu thereof "$395,783,000". 
TITLE XXII—NAVY 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(aXl) 
and, in the case of the project described in section 2204(b)(2), 
other amounts appropriated pursuant to authorizations enacted 
after this Act for such project, the Secretary of the Navy may 
acquire real property and carry out military construction projects 
for the installations and locations inside the United States, and 
in the amounts, set forth in the following table: 
Navy: Inside the United States 
State 
Installation or location 
Amount 
California 
Connecticut 
Florida 
, 
Camp Pendleton Marine Corps 
Base 
Lemoore, Naval Air Station 
Mare Island Naval Shipyard 
Miramar Naval Air Station 
Port Hueneme, Naval Construc-
tion Battalion Center 
Seal Beach, Naval Weapons Sta-
tion 
Twentynine Palms, Marine Corps 
Air-Ground Combat Center 
New London, Naval Submarine 
Base 
Cecil Field, Naval Air Station 
$25,500,000 
$680,000 
$8,000,000 
$9,700,000 
$14,300,000 
$2,150,000 
$4,600,000 
$12,500,000 
$5,850,000 
106 STAT. 2590 
PUBLIC LAW 102-484—OCT. 23, 1992 
Navy: Inside the United States—Continued 
State 
Georgia 
Hawaii . 
Indiana ... 
Maryland 
Mississippi 
North Carolina 
Rhode Island ... 
South Carolina 
Tennessee 
Texas 
Virginia 
Washington 
Installation or location 
Albany, Marine Corps Logistics 
Base 
Barking Sands, Pacific 
Missile 
Range Facility 
Honolulu, Naval Communication 
Area Master Station, Eastern Pa-
cific 
Pearl Harbor, Naval Supply Cen-
ter 
Pearl Harbor, Navy Public Works 
Center 
Crane, Naval 
Surface 
Warfare 
Center 
Annapolis, United States Naval 
Academy, Annapolis 
Indian Head, Naval Ordnance Sta-
tion 
Patuxent 
River Naval 
Warfare 
Center, Aircraft Division 
Gulfport, Naval Construction Bat-
talion Center 
Meridian Naval Air Station 
New River Marine Corps Air Sta-
tion 
Cherry Point, Marine Corps Air 
Station 
Newport, Naval Education 
and 
Training Center 
Charleston, Naval Weapons Sta-
tion 
Memphis, Naval Air Station 
Corpus Christi, Naval Air Station 
Kingsville, Naval Air Station 
Damneck, Fleet Combat Training 
Center 
Little Creek, Naval Amphibious 
Station 
Norfolk, Naval Air Station 
Norfolk, Naval Station 
Norfolk, Naval Station, Fort Story 
Annex 
Norfolk, Naval Supply Center 
Oceana, Naval Air Station 
Quantico 
Combat 
Development 
Center 
Yorktown, Naval Weapons Station 
Bangor, Trident Refit Facility 
Bremerton, Puget Sound Naval 
Shipyard 
Bremerton, Naval Inactive Ship 
Maintenance Facility 
Everett, Naval Station 
Puget Sound Naval Station 
Amount 
$6,800,000 
$4,580,000 
$1,400,000 
$6,700,000 
$24,900,000 
$6,000,000 
$11,000,000 
$7,890,000 
$60,990,000 
$4,650,000 
$1,100,000 
$3,600,000 
$4,680,000 
$540,000 
$1,110,000 
$14,110,000 
$4,900,000 
$20,120,000 
$19,427,000 
$8,000,000 
$3,100,000 
$880,000 
$5,650,000 
$12,400,000 
$3,190,000 
$5,000,000 
$1,100,000 
$1,550,000 
$14,800,000 
$1,200,000 
$5,600,000 
$13,300,000 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2591 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(aX2), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Navy: Outeide the United States 
Country 
Inatallatitm or location 
Souda Bay, Naval Support Ac-
Host Nation Infrastructure Sup-
Amount 
$7,600,000 
$3,000,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(aX5XA), the Secretary of the Navy ma^ construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forUi in the following 
table: 
State 
Navy: Family H o u s i n g 
Installation 
Camp Pendleton 
Marine Corps 
Base 
San Diego Navy 
Public Works 
Center 
New London, Naval 
Submarine Base 
Kauai, Pacific Mis-
sile Range Facil-
ity 
Oahu, Naval Com-
plex 
Earle, Naval Weap-
Norfolk, Naval Sta-
Bangor/Bremerton 
Naval Complex .. 
Sugar Grove Naval 
Radio Station 
Puipoae 
300 units 
300 units 
13 units 
758 iuiits 
Community 
Demolition and 
Site Prepara-
200 units 
200 units 
8 units 
Amount 
$30,600,000 
$30,400,000 
$11,860,000 
$2,330,000 
$117,180,000 
$1,100,000 
$7,000,000 
$19,500,000 
$19,500,000 
$930,000 
(b) PLANNING AND DESIGN.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(aX5XA), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
106 STAT. 2592 
PUBLIC LAW 102-484—OCT. 23, 1992 
respect to the construction or improvement of military family hous-
ing units in an amoimt not to exceed $14,200,000. 
SEC. 2203. IMPROVEMENTS TO MHJTARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(aX5XA), the Secretary of the Navy may 
improve existing military family housing units in the amount of 
$130,844,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—^Fimds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1992, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$1,450,529,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $312,557,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $10,600,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $5,000,000. 
(4) For architectural and engineering services and construc-
tion design imder section 2807 of title 10, United States Code, 
$75,692,000. 
(5) For military family housing functions: 
(A) For construction and acquisition of military family 
housing and facilities, $385,434,000; and 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$661,246,000, of which not more than $104,470,000 may 
be obligated or expended for the leasing of military family 
housing units worldwide. 
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and £uiy other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); and 
(2) $50,990,000 (the balance of the amount authorized 
under section 2201(a) for the construction of the Large Anachoic 
Chamber Facility at the Patuxent River Naval Warfare Center, 
Aircraft Division, Maryland). 
SEC. 2206. POWER PLANT RELOCATION, NAVY PUBUC WORKS CEN-
TER, GUAM. 
Section 2201(b) of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2097) is amended— 
(1) in the matter under the heading "GUAM" by striking 
out the item relating to the Navy Public Works Center and 
inserting in lieu thereof the following: 
**Navy PubHc Works Center, $34,490,000."; and 
(2) in the matter under the heading "PHILIPPINES" by strik-
ing out the item relating to the Navy Public Works Center, 
Subic Bay, and inserting in lieu thereof the following: 
"Navy Public Works Center, Subic Bay, $570,000.". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2593 
SEC. 2a06. REVISED AUTHORIZATIONS FOR CERTAIN MARINE CORPS 
PROJECTS. 
(a) REVISED AUTHORIZATION.—Section 2201(a) of the National 
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 102 Stat. 2095) is amended in the matter under the heading 
"
N
O
R
T
H CAROLINA" by Striking out the items relating to Marine 
Corps Air Station, Cherry Point, and inserting in lieu thereof the 
following: 
"Marine Corps Air Station, Cherry Point, $24,100,000.". 
(b) CONFORMING AMENDMENTS.—Section 2205(a) of such Act 
(102 Stat. 2099) is amended— 
(1) by striking out "$2,369,875,000" and inserting in lieu 
thereof "$2,361,555,000"; and 
(2) in paragraph (1), by striking out "$1,296,450,000" and 
inserting in lieu thereof "$1,288,770,000". 
SEC. 2207. DEFENSE ACCESS ROADS, NAVAL STATION PASCAGOULA, 
MISSISSIPPI. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2205(aX5) of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190; 105 Stat. 1519), the Secretary of the Navy shall expend 
such amounts as the Secretary determines necessary for planning 
and design for defense access roads that are critical for access 
to Naval Station Pascagoula, Mississippi, as determined by the 
Secretary of the Navy. 
SEC. 2208. MILITARY FAMILY HOUSING, NAVAL AIR STATION WHIDBEY 
ISLAND, WASHINGTON. 
The Secretary of the Navy shall include in the budget request 
for the Navy for fiscal year 1994 a request for fimds for the design 
of 300 family housing imits at Naval Air Station Whidbey Island, 
Washington. 
TITLE XXm—Am FORCE 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(aXl), and, in the case of the projects described in paragraphs 
(2), (3), and (4) of section 2304(b), other amoimts appropriated 
pursuant to authorizations enacted after this Act for such project, 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations and 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Inside the United States 
State 
Alabama 
Installation or location 
Gunter Air Force Base 
Maxwell Air Force Base 
Amount 
$960,000 
$20,600,000 
$2,250,000 
106 STAT. 2594 
PUBLIC LAW 102-484—OCT. 23, 1992 
Air Force: Inside the United States—Continued 
State 
Arizona 
California 
Colorado 
Delaware 
District of Columbia 
Florida 
Illinois 
Maryland 
Massachusetts 
Nebraska 
Nevada 
New Jersey 
New Mexico 
North Carolina 
North Dakota 
Ohio 
Oklahoma 
South Carolina 
Inatallation or location 
Eielson Air Force Base 
Elmendorf Air Force Base 
Galena Airport 
King Salmon Airport -,,,,,,,,,,,,,.,, 
Shemya Air Force Base 
Libby Army Air Field 
Davis Monthan Air Force Base .. 
Luke Air Force Base 
Navajo Army Depot 
Little Rock Air Force Base 
Beale Air Force Base 
Edwards Air Force Base 
March Air Force Base 
McClellan Air Force Base 
Travis Air Force Base 
Peterson Air Force Base 
United States Air Force Acad-
emy. 
Dover Air Force Base .,.....,.,..,,.,., 
Boiling Air Force Base 
Cape Canaveral Air Force Sta-
tion. 
Eglin Air Force Base 
Patrick Air Force Base 
Moody Air Force Base 
Robins Air Force Base 
Scott Air Force Base 
Andrews Air Force Base 
Hanscom Air Force Base 
Keesler Air Force Base 
Offutt Air Force Base 
Nellis Air Force Base 
McGuire Air Force Base 
Cannon Air Force Base 
HoUoman Air Force Base 
Pope Air Force Base 
Seymovu* Johnson 
Air 
Force 
Base. 
Grand Forks Air Force Base 
Minot Air Force Base 
Wright-Patterson 
Air 
Force 
Base. 
Altus Air Force Base 
Tinker Air Force Base 
Vance Air Force Base 
Shaw Air Force Base 
Amount 
$40,950,000 
$22,550,000 
$4,850,000 
$6,400,000 
$3,350,000 
$15,300,000 
$3,500,000 
$2,950,000 
$3,900,000 
$3,860,000 
$5,600,000 
$24,500,000 
$2,250,000 
$9,900,000 
$11,680,000 
$26,250,000 
$3,500,000 
$4,260,000 
$21,260,000 
$9,400,000 
$40,800,000 
$65,680,000 
$7,700,000 
$4,380,000 
$11,500,000 
$960,000 
$960,000 
$28,320,000 
$820,000 
$4,200,000 
$13,240,000 
$62,270,000 
$1,100,000 
$6,190,000 
$10,930,000 
$8,970,000 
$2,800,000 
$11,420,000 
$22,180,000 
$5,230,000 
$1,450,000 
$6,500,000 
$8,650,000 
$12,170,000 
$7,300,000 
$21,280,000 
$2,350,000 
$32,150,000 
$2,380,000 
$3,880,000 
PUBLIC LAW 102-484—OCT. 23, 1992 
Air Force: Inside the United States—Continued 
106 STAT. 2595 
state 
Texas 
Utah 
Virginia 
Various Locations 
Installation or location 
Brooks Air Force Base 
Dyess Air Force Btise 
Kelly Air Force Base 
Lackland Air Force Base 
Laughlin Air Force Bsise 
Randolph Air Force Base 
Sheppard Air Force Base 
Hill Air Force Base 
Langley Air Force Base 
Fairchild Air Force Base 
McChord Air Force Base 
F.E. Warren Air Force Base 
Various Locations 
Amount 
$9,000,000 
$7,300,000 
$3,250,000 
$21,360,000 
$9,000,000 
$6,000,000 
$1,250,000 
$6,990,000 
$6,100,000 
$7,050,000 
$2,510,000 
$2,540,000 
$1,050,000 
$2,800,000 
G
>
) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to 
the 
authorization 
of appropriations 
in 
section 
2304(aX2), the Secretary of the Air Force may acquire real property 
and may carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Outside t h e United States 
Country 
Ascension Island 
Greenland 
Guam 
Installation or location 
Power/Desalinization Plant 
Rhein-Main Air Base 
Thule Air Base 
Andersen Air Force Base 
Amount 
$22,000,000 
$3,100,000 
$24,900,000 
$23,240,000 
$8,450,000 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—^Using amoimts appro-
priated pursuant to the authorization of appropriations in section 
2304(aX5XA), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition) at the 
installations, for the purposes, and in the amounts set forth in 
the following table: 
Air Force: Family Housing 
State or Country 
Installation 
Beale Air Force 
March Air Force 
Patrick Air Force 
Base 
Moody Air Force 
Purpose 
Housing office .... 
320 units 
250 units 
Housing mainte-
nance facility . 
Amount 
$306,000 
$38,351,000 
$22,500,000 
$290,000 
69-194 O—93 
26 : QL 3 (Pt. 3) 
106 STAT. 2596 
PUBLIC LAW 102-484—OCT. 23, 1992 
Air Force: Family Housing—Continued 
State or Country 
North Dakota 
South Carolina .. 
Utah 
Installation 
Robins Air Force 
Scott Air Force 
Base 
Barksdale Air 
Force Base 
Cannon Air Force 
Cannon Air Force 
Minot Air Force 
Shaw Air Force 
Hill Air Force Base 
Purpose 
55 units 
1,068 units 
Housing mainte-
nance and 
storage facility 
361 units 
Housing office .... 
Housing office .... 
Housing office .... 
82 units 
Amount 
$3,153,000 
$60,000,000 
$443,000 
$32,951,000 
$480,000 
$286,000 
$351,000 
$6,353,000 
$865,000 
(b) 
PLANNING 
AND DESIGN.—^Using amounts 
appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2304(aX5XA), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of military family 
housing imits in an amount not to exceed $7,457,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(aX5XA), the Secretary of the Air Force 
may improve existing military family housing units in an amount 
not to exceed $150,000,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—Fimds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1992, for 
military construction, land acquisition, and militery family housing 
functions of the Department of the Air Force in the total amount 
of $2,062,707,000 as follows: 
(1) For militery construction projecte inside the United 
Stetes authorized by section 2301(a), $667,290,000. 
(2) For militery construction projects outeide the United 
Stetes authorized by section 2301(b), $81,690,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United Stetes Code, $7,000,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United Stetes Code, 
$95,000,000. 
(5) For militery family housing functions: 
(A) For construction and acquisition of militery family 
housing and facilities, $283,786,000; and 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$927,941,000 of which not more than $150,800,000 may 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2597 
be obligated or expended for leasing of military family 
housing imits worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2301 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $59,000,000 (the balance of the amoimt authorized 
imder section 2301(a) for the construction of the climate test 
chamber at Eglin Air Force Base, Florida); 
(3) $11,()00,000 (the balance of the amoimt authorized 
under section 2301(a) for the construction of apron and hydrant 
system at Barksdale Air Force Base, Louisiana); and 
(4) $40,000,000 (the balance of the amount authorized 
under section 2301(a) for the construction of family housing 
at Scott Air Force Bcise, Illinois). 
SEC. 2306. CHILD DEVELOPBfENT CENTER RELOCATION, BUCKLEY 
AIR NATIONAL GUARD BASE, COLORADO. 
Section 2301(a) of the National Defense Authorization Act for 
Fiscal Year 1991 (PubUc Law 101-510; 104 Stat. 1770) is amended 
in the matter under the heading "COLORADO" by striking out the 
item relating to Lowry Air Force Base smd inserting in lieu thereof 
the following: 
"Buckley Air National Guard Base, $4,550,000.". 
SEC. 2306. AUTHORIZED FAMILY HOUSING LEASE PROJECTS. 
Subject to section 2835 of title 10, United States Code, the 
Secretary of the Air For<:e may enter into contracts for the lease 
of family housing units in the number of imits shown, and at 
the net present value shown, for the following installations: 
(1) Boiling Air Force Base, District of Columbia, 550 units, 
$54,200,000. 
(2) Andrews Air Force Base, Maryland, 550 imits, 
$54,200,000. 
SEC. 2307. AUTHORIZED MILITARY HOUSING RENTAL GUARANTEE 
PROJECTS. 
Subject to section 2836 of title 10, United States Code, the 
Secretary of the Air Force may enter into rental guarantee agree-
ments for miUtary housing in the number of unite shown for the 
following installations: 
(1) Elmendorf Air Force Base, Alaska, 302 units. 
(2) Patrick Air Force Base, Florida, 409 units. 
(3) Ofifutt Air Force Base, Nebraska, 400 units. 
SEC. 2308. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
PROJECTS. 
(a) FISCAL YEAR 1992 PROJECTS.—(1) Section 2301 of the Mili-
tary Construction Authorization Act for Fiscal Year 1992 (division 
B of Public Law 102-190; 105 Stat. 1521) is amended— 
(A) under the heading "ALASKA", by striking out the item 
relating to Shemya Air Force Base and mserting in lieu thereof 
the following: 
"Shemya Air Force Base, $10,300,000."; 
106 STAT. 2598 
PUBLIC LAW 102-484—OCT. 23, 1992 
(B) under the heading "ARIZONA", by striking out the item 
relating to Luke Air Force Base and inserting in lieu thereof 
the following: 
"Luke Air Force Base, $6,000,000."; 
(C) by striking out the following: 
"MONTANA 
"Conrad Strategic Training Range Site, $700,000. 
"Havre Strategic Training Range Site, $700,000."; 
(D) under the heading "NEW YORK", by striking out the 
item relating to Grififiss Air Force Base and inserting in lieu 
thereof the following: 
"Griffiss Air Force Base, $1,500,000."; 
(E) imder the heading "SOUTH DAKOTA", by striking out 
the item relating to Ellsworth Air Force Base and inserting 
in lieu thereof the following: 
"Ellsworth Air Force Base, $2,040,000."; and 
(F) under the heading "TEXAS", by striking out the item 
relating to Sheppard Air Force Base and inserting in lieu 
thereof the following: 
"Sheppard Air Force Base, $16,250,000.". 
(2) Section 2305(a) of such Act (105 Stat. 1525) is amended— 
(A) by striking out "$2,089,303,000" and inserting in lieu 
thereof "$2,054,713,000"; and 
(B) in paragraph (1), by striking out "$778,970,000" and 
inserting in lieu thereof "$744,380,000". 
(b) FISCAL YEAR 1991 PROJECTS.—(1) Section 2301 of the MiK-
tary Construction Authorization Act for Fiscal Year 1991 (division 
B of Public Law 101-510; 104 Stat. 1769) is amended— 
(A) under the heading "GEORGIA", by striking out the item 
relating to Robins Air Force Base and inserting in lieu thereof 
the following: 
"Robins Air Force Base, $8,700,000."; 
(B) under the heading "MICHIGAN", by striking out the 
item relating to K.I. Sawyer Air Force Base and inserting 
in lieu thereof the following: 
"KL Sawyer Air Force Base, $1,400,000."; and 
(C) under the heading "OKLAHOMA", by striking out the 
item relating to Tinker Air Force Base and inserting in lieu 
thereof the following: 
"Tinker Air Force Base, $53,350,000.". 
(2) Section 2302(a) of such Act (104 Stat. 1773) is amended 
by striking out the item relating to Mjn^tle Beach Air Force Base, 
South Carolina. 
(3) Section 2304(a) of such Act (104 Stat. 1773) is amended— 
(A) by striking out "$1,922,733,000" and inserting in lieu 
thereof "$1,905,076,000"; 
(B) in paragraph (1), by striking out "$742,255,000" and 
inserting in lieu thereof "$724,855,000"; and 
(C) in paragraph (7XA), by striking out "$182,965,000" 
and inserting in lieu thereof "$182,707,000". 
PUBLIC LAW 102-484—OCT. 23, 1992 
TITLE XXIV—DEFENSE AGENCIES 
106 STAT. 2599 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(aXl) 
and, in Uie case of the projects described in paragraphs (2) through 
(6) of section 2403(c), other amounts appropriated pursuant to 
authorizations enacted after this Act for sucn projects, the Secretary 
of Defense may acquire real property and carry out military 
construction projects for the installations and locations inside the 
United States, and in the amounts, set forth in the following table: 
Defense Agencies: Inside the United States 
Agency 
Defense Logistics Agen-
cy. 
Defense Medical Facil-
ity Office. 
National Secvirity 
Agency. 
Strategic Defense Ini-
tiative Organization. 
Inatallation or location 
Defense Reutilization and Mar-
keting Office, March Air Force 
Defense Reutilization and Mar-
keting Office, Hill Air Force 
Defense General Supply Center, 
Richmond, Virginia 
Beale Air Force Base, California 
Elmendorf Air Force Base, Alas-
ka 
March Air Force Base, Califor-
nia 
Fitzsimons Army Medical Cen-
ter, Colorado 
Walter Reed Army Medical Cen-
ter, District of Columbia 
Fort Leonard Wood, Missouri .... 
Fort Bragg, North Carolina 
Millington Naval Air Station, 
Barking Sands, Hawaii 
Amount 
$630,000 
$1,700,000 
$2,900,000 
$3,500,000 
$160,000,000 
$18,000,000 
$390,000,000 
$147,300,000 
$3,000,000 
$250,000,000 
$15,000,000 
$6,700,000 
$3,950,000 
$2,500,000 
(b) OUTSIDE THE UNITED STATES.—^Using amoiuits appropriated 
pursuant to the authorization of appropriations in section 
2403(aX2), the Secretary of Defense may acqmre real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Outside the U n i t e d States 
Agency 
DOD Dependent 
Schools. 
Inatallation or location 
Amount 
$13,500,000 
106 STAT. 2600 
PUBLIC LAW 102-484—OCT. 23, 1992 
Defense Agencies: Outside the United States—Continued 
Agency 
Defense Nuclear Agen-
cy-
National Security 
Agenqr. 
Strategic Defense Ini-
tiative Organization. 
Installatkm or location 
Johnston T^^fl^d ..,..--T,,,,,..,......-
Classified Locations 
Amount 
$1,500,000 
$9,590,000 
$22,000,000 
SEC. 2402. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(aX9), the Secretary of Defense may 
carnr out energy conservation projects under section 2865 of title 
10, United States Code. 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—^Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1992, for 
military construction, land acquisition, and military family housing 
fimctions of the Department of Defense (other than the military 
departments), in the total amount of $2,567,146,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $87,950,000. 
(2) For militaiy construction projects outside the United 
States authorized by section 2401(b), $46,590,000. 
(3) For miUtary construction projects at Fort Sam Houston, 
Texas, authorized by section 2401(a) of the Military Construc-
tion Authorization Act, 1987, $27,000,000. 
(4) For military construction projects at Portsmouth Naval 
Hospital, Virginia, authorized by section 2401(a) of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991, 
$16,000,000. 
(5) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $12,508,000. 
(6) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$10,000,000. 
(7) For architectural and engineering services and for 
construction design under section 2807 of title 10, United States 
Code, $90,818,000. 
(8) For conforming storage facilities constructed under the 
authority of section 2404(a) of the Military Construction 
Authorization Act, 1987, $3,580,000. 
(9) For energy conservation projects authorized by section 
2402, $60,000,000. 
(10) For base closure and realignment activities as author-
ized by the Defense Authorization Amendments and Base Clo-
sure and Realignment Act (title II of PubUc Law 100-526; 
10 U.S.C. 2687 note), $440,700,000. 
(11) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note), $1,743,600,000. 
(12) For miUtary family housing fimctions (including fimc-
tions described in section 2833 of title 10, United States Code), 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2601 
$28,400,000, of which not more than $23,559,000 may be obli-
gated or expended for the leasing of military family housing 
units worldwide. 
(b) AUTHORIZATION OF UNOBLIGATED FUNDS.—Funds in 
the 
amoimt of $5,230,000 appropriated to the Department of Defense 
for fiscal years before fiscal year 1993 for military construction 
functions of the Defense Agencies that remain available for obliga-
tion on the date of enactment of this Act are hereby authorized 
to be made available, to the extent provided in appropriation Acts, 
for military construction projects authorized in section 2401(a) for 
the Defense Logistics Agency. 
(c) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variations 
authorized by law, the total cost of all projects carried out xmder 
section 2401 may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a) and subsection (b); 
(2) $134,000,000 (the balance of the amount authorized 
for construction of the Walter Reed Institute of Research, Dis-
trict of Columbia); 
(3) $145,000,000 (the balance of the amoimt authorized 
for construction of the Hospital at Elmendorf Air Force Base, 
Alaska); 
(4) $5,000,000 (the balance of the amoimt authorized for 
the life-safety upgrade of the Naval Hospital at Millington 
Naval Air Station, Tennessee); 
(5) $240,000,000 (the balance of the amoimt authorized 
for construction of the Army Medical Center at Fort Bragg, 
North Carolina); and 
(6) $388,000,000 (the balance of the amount authorized 
for Fitzsimons Army Medical Center, Colorado). 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Infrastructure Program as provided 
in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected fi:x)m 
the North Atlantic Treaty Orjganization as a result of construction 
previously financed by the United States. 
SEC. 2602. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1992, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Infirastructure Program 
as authorized by section 2501, in the amount of $60,000,000. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
There are authorized to be appropriated for fiscal years begin-
ning sifter September 30, 1992, for the costs of acquisition, architec-
106 STAT. 2602 
PUBLIC LAW 102-484—OCT. 23, 1992 
tural and engineering services, and construction of facilities for 
the Guard and Reserve Forces, and for contributions therefor, under 
chapter 133 of title 10, United States Code (including the cost 
of acquisition of land for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$208,672,000; and 
(B) for the Army Reserve, $34,850,000. 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $17,200,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$305,759,000; and 
(B) for the Air Force Reserve, $36,580,000. 
SEC. 2602. REDUCTIONS IN CERTAIN PRIOR YEAR AUTHORIZATIONS 
OF APPROPRIATIONS FOR AIR FORCE RESERVE MILITARY 
CONSTRUCTION PROJECTS. 
(a) FISCAL YEAR 1989.—Section 2601(3XB) of the National 
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 102 Stat. 2114) is amended by striking out "$63,600,000" 
and inserting in heu thereof "$62,440,000". 
(b) FISCAL YEAR 1990.—Section 2601(3XB) of the National 
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public 
Law 101-189; 103 Stat. 1645) is amended by striking out 
"$35,600,000" and inserting in lieu thereof "$29,050,000". 
(c) FISCAL YEAR 1991.—Section 2601(3XB) of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1781) is amended by striking out "$37,700,000" 
and inserting in lieu thereof "$33,930,000". 
TITLE XXVII— EXPIRATION AND EXTENSION OF 
AUTHORIZATIONS 
SEC. 2701. EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVI for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Infrastructure program 
(and authorizations of appropriations therefor) shall expire on the 
later o
f
— 
(1) October 1,1995; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 1996. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Infrastructure program (and authorizations 
of appropriations therefor), for which appropriated funds have been 
obligated before the later o
f
— 
(1) October 1,1995; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 1996 for military construction project^, land 
acquisition, family housing projects and facilities, or contribu-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2603 
tions to the North Atlantic Treaty Organization Infrastructiire 
program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 
YEAR 1990 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2701(b) of the Mili-
tary Construction Authorization Act for Fiscal Years 1990 and 
1991 (division B of Public Law 101-189, 103 Stat. 1645), authoriza-
tions for the projects set forth in the tables in subsection (b), 
as provided in section 2101, 2201, 2202, or 2301 of that Act and 
extended by section 2702(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 1992 (division B of Public Law 102-190; 
105 Stat. 1535), shall remain in effect until October 1, 1993, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 1994, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
Army: Extension of 1990 Project Authorizations 
State 
Kansas 
Pennsylvania ... 
Virginia 
Installation 
or location 
Fort Riley 
Fort Polk 
New Cumberland 
Fort Lee 
Project 
Child develop-
ment center .... 
Range mod-
ernization 
Hazardous mate-
rial storage fa-
Enlisted petro-
leum training 
Amount 
$1,500,000 
$9,600,000 
$14,000,000 
$8,300,000 
Navy: Extension of 1990 Project Authorizations 
State 
Pennsylvania ... 
Installation 
or location 
Navy Public Works 
Center, San Fran-
cisco 
Ingleside Naval 
Philadelphia Naval 
Shipyard 
Project 
344 housing 
EOD complex 
BEQ II project ... 
Hazardous and 
flammable ma-
terial ware-
Amount 
$34,000,000 
$1,000,000 
$6,200,000 
$910,000 
$3,000,000 
106 STAT. 2604 
PUBLIC LAW 102-484—OCT. 23, 1992 
Air Force: Esctension of 1990 Project Authorizations 
State 
or country 
Ohio 
Oklahoma 
Installation 
or location 
Lowry Air Force 
Newark Air Force 
Tinker Air Force 
Incirlik Air Force 
Protject 
Computer oper-
ations facility .. 
Logistics support 
Child develop-
ment center .... 
EMP test facility 
Post office 
Amount 
$15,500,000 
$3,500,000 
$680,000 
$9,300,000 
$550,000 
SEC. 2703. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later of— 
(1) October 1,1992; and 
(2) the date of the enactment of this Act. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—^Military Construction Program and Military 
Family Housing Changes 
SEC. 2801. PROMOTION OF ENERGY SAVINGS AT MILITARY INSTALLA-
TIONS. 
(a) ENERGY SAVING ACTIVITIES.—Section 2865 of title 10, United 
States Code, is amended— 
(1) by striking out subsection (bX3); 
(2) by redesignating subsection (d) as subsection (f); and 
(3) by inserting after subsection (c) the following new sub-
section: 
"(d) ENERGY SAVING ACTIVITIES.—(1) The Secretary of Defense 
shall permit and encourage each military department, Defense 
Agency, and other instrumentality of the Department of Defense 
to participate in programs conducted by any gas or electric utility 
for the management of electricity demand or for energy conserva-
tion. 
"(2) The Secretary of Defense may authorize any military 
installation to accept any financial incentive, goods, or services 
generally available from a gas or electric utility, to adopt tech-
nologies and practices that the Secretary determines are cost effec-
tive for the Federal Government. 
"(3) Subject to paragraph (4), the Secretary of Defense may 
authorize the Secretary of a military department having jurisdiction 
over a military installation to enter into agreements with gas or 
electric utilities to design and implement cost-effective demand 
and conservation incentive programs (including energy management 
services, facilities alterations, and the installation and maintenance 
of energy saving devices and technologies by the utilities) to address 
the requirements and circumstances of the installation. 
"(4XA) If an agreement under paragraph (3) provides for a 
utility to advance financing costs for the design or implementation 
of a program referred to in that paragraph to be repayed by the 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2605 
United States, the cost of such advance may be recovered by the 
utility under terms no less favorable than those applicable to its 
most favored customer. 
"(B) Subject to the availability of appropriations, repayment 
of costs advanced under subparagraph (A) shall be made from 
funds available to a military depcutment for the purchase of utility 
services. 
"(C) An agreement under paragraph (3) shall provide that title 
to any energy-saving device or technology installed at a military 
installation pursuant to the agreement vest in the United States. 
Such title may vest at such time during the term of the agreement, 
or upon expiration of the agreement, as determined to be in the 
best interests of the United States.". 
(b) ENERGY CONSERVATION CONSTRUCTION PROJECTS.—Such 
section is further amended by inserting after subsection (d), as 
added by subsection (aX3), the following new subsection: 
"(e) ENERGY CONSERVATION CONSTRUCTION PROJECTS.—(1) The 
Secretary of Defense may carry out a military construction project 
for energy conservation, not previously authorized, using funds 
appropriated or otherwise made available for that purpose. 
"(2) When a decision is made to carry out a project under 
pcuragraph (1), the Secretary of Defense shall notify in writing 
the Committees on Armed Services and Appropriations of the Sen-
ate and House of Representatives of that decision. The project 
may then be carried out only after the end of the 21-day period 
beginning on the date the notification is received by such commit-
tees.". 
(c) CONFORMING AMENDMENT.—Subsection (bXD of such section 
is amended by striking out "parcigraph (3XB)'' and inserting in 
lieu thereof "subsection (dX2)'*. 
(d) TECHNICAL AMENDMENT.—Subsection (f) of such section, 
as redesignated by subsection (aX2), is amended by striking out 
"Beginning with fiscal year 1991 and by no later than December 
31, 1991, and of each year thereafter," and inserting in lieu thereof 
"Not later than December 31 of each year,". 
(e) CLERICAL AMENDMENTS.—Such section is further cunended— 
(1) in subsection (a), by inserting "ENERGY PERFORMANCE 
GOAL AND PLAN.—" after "(a)"; 
(2) in subsection (b), by inserting "USE OF ENERGY COST 
SAVINGS.—" after "(b)"; 
(3) in subsection (c), by inserting "SHARED ENERGY SAVINGS 
CONTRACTS.—" after "(c)"; and 
(4) in subsection (f), as redesignated by subsection (aX2), 
by inserting "ANNUAL REPORT.—" after "(f)". 
SEC. 2802. AUTHOiUTY TO CONSTRUCT REPLACEMENT FAMILY HOUS-
ING UNITS. 
(a) AUTHORITY TO CONSTRUCT REPLACEMENT UNITS.—Section 
2825 of title 10, United States Code, is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section: 
"(cXD The Secretary concerned may construct replacement mili-
tary family housmg units in lieu of improving existing miUtary 
family housing units i
f
— 
"(A) the improvement of the existing housing units has 
been authorized by law; 
106 STAT. 2606 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(B) the Secretary determines that the improvement project 
is no longer cost-effective after a review of post-design or bid 
cost estimates; 
"(C) the Secretary submits to the committees referred to 
in subsection (bXD a notice containing— 
"(i) an economic analysis demonstrating that the 
improvement project would exceed 70 percent of the cost 
of constructing replacement housing units intended for 
members of the armed forces in the same pay grade or 
grades as those members who occupy the existing housing 
units; and 
"(ii) if the replacement housing units are intended 
for members of the armed forces in a different pay grade 
or grades, a justification of the need for the replacement 
housing units based upon the long-term reauirements of 
the armed forces in the location concerned; ana 
"(D) a period of 21 days elapses after the date on which 
the Secretary submits the notice required by subparagraph 
(C). 
"(2) The amoimt that may be expended to construct replacement 
military family housing units under this subsection may not exceed 
the amount that is otherwise available to carry out the previously 
authorized improvement project.". 
(b) CONFORMING AMENDMENT.—Section 2822(b) of such title 
is amended by adding at the end the following new paragraph: 
"(5) Replacement housing units constructed under section 
2825(c) of this title.". 
Subtitle B—^Defense Base Closure and Realignment 
SEC. 2821. USE OF PROCEEDS OF THE TRANSFER OR DISPOSAL OF 
COMMISSARY STORE AND OTHER FACILITIES AND PROP-
ERTY. 
(a) BASE CLOSURES UNDER 1988 ACT.—(1) Section 204(bX4) 
of the Defense Authorization Amendments and Base Closure and 
Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 
note) is amended by striking out subparagraphs (C) and (D) and 
inserting in lieu thereof the following new subparagraph: 
"(CXi) If any real property or facility acqmred, constructed, 
or improved (in whole or in part) with conunissaiy store funds 
or nonappropriated funds is transferred or disposed of in connection 
with the closure or realignment of a military installation under 
this title, a portion of the proceeds of the transfer or other disposal 
of property on that installation shall be deposited in a reserve 
account established in the Treasury to be administered by the 
Secretary. The Secretary may use amounts in the account (in such 
an aggregate amount as is provided in advance in appropriation 
Acts) for the purpose of acquiring, constructing, and improving— 
"(I) commissary stores; and 
"(11) real property and faciUties for nonappropriated fund 
instrumentalities. 
"(ii) The amount deposited under clause (i) shall be equal 
to the depreciated value of the investment made with such funds 
in the acquisition, construction, or improvement of that particular 
Regulations. 
real property or facility. The depreciated value of the investment 
shall be computed in accordance with regulations prescribed by 
the Secretary of Defense. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2607 
"(iii) As used in this subparagraph: 
"(I) The term 'commissary store funds' means 
funds 
received from the adjustment of, or surcharge on, selling prices 
at commissary stores fixed under section 2685 of title 10, United 
States Code. 
"(II) The term 'nonappropriated 
funds' means 
fluids 
received from a nonappropriated fund instrumentality. 
"(Ill) The term 'nonappropriated fund instrumentalit)r' 
means an instrumentality of the United States under the juris-
diction of the Armed Forces (including the Army and Air Force 
Exchange Service, the Navy Resale and Services Support Office, 
and the Marine Corps exchanges) which is conducted for the 
comfort, pleasure, contentment, or physical or mental improve-
ment of members of the Armed Forces.". 
(2) Section 209 of such Act is amended by striking out para- 
lO use 2687 
graph (10). 
"''^^ 
(b) BASE CLOSURES UNDER 1990 ACT.—Section 2906 of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended 
by striking out subsection (d), as added by section 344(bXlXB) 
of Public Law 102-190, and inserting in lieu thereof the following 
new subsection: 
"(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROP-
ERTY PURCHASED WITH NONAPPROPRIATED FUNDS.—(1) If any real 
property or facility acquired, constructed, or improved (in whole 
or in part) with commissary store funds or nonappropriated funds 
is transferred or disposed of in connection with the closure or 
realignment of a military installation under this part, a portion 
of the proceeds of the transfer or other disposal of property on 
that installation shall be deposited in the reserve account estab-
lished under section 204(bX4XC) of the Defense Authorization 
Amendments and Base Closure and Realignment Act (10 U.S.C. 
2687 note). 
"(2) The amount so deposited shall be equal to the depreciated 
value of the investment made with such funds in the acquisition, 
construction, or improvement of that particular real property or 
facility. The depreciated value of the investment shall be computed Regulations. 
in accordance with regulations prescribed by the Secretary of 
Defense. 
"(3) The Secretary may use amounts in the account (in such 
an aggregate amount as is provided in advance in appropriation 
Acts) for the purpose of acquiring, constructing, and improving— 
"(A) commissary stores; and 
"(B) real property and facilities for nonappropriated fund 
instrumentalities. 
"(4) As used in this subsection: 
"(A) The term 'commissary store fimds' means funds 
received from the adjustment of, or surcharge on, selling prices 
at commissary stores fixed under section 2685 of title 10, United 
States Code. 
"(B) The term 'nonappropriated 
fimds' means 
funds 
received from a nonappropriated fund instrumentality. 
"(C) The term 'nonappropriated fund 
instrumentality' 
means an instrumentality of the United States under the juris-
diction of the Armed Forces (including the Army and Air Force 
Exchange Service, the Navy Resale and Services Support Office, 
and the Marine Corps exchanges) which is conducted for the 
106 STAT. 2608 
PUBLIC LAW 102-484—OCT. 23, 1992 
comfort, pleasure, contentment, or physical or mental improve-
ment of members of the Armed Forces.**, 
(c) CLOSURE OF FOREIGN MILITARY INSTALLATIONS.—Section 
2921(d)(1) of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 10 U.S.C. 2687 note) is amended 
in the first sentence by striking out "the value of the improvements 
carried out** and inserting in lieu thereof "the depreciated value 
of the investment made*'. 
10 use 2687 
SEC. 2822. DEMONSTRATION PROJECT FOR THE USE OF A NATIONAL 
note. 
RELOCATION CONTRACTOR TO ASSIST THE DEPARTMENT 
OF DEFENSE. 
(a) USE OF NATIONAL RELOCATION CONTRACTOR.—Subject to 
the availability of appropriations therefor, the Secretary of Defense 
shall enter into a one-year contract with a private relocation con-
tractor operating on a nationwide basis to test the cost-efiectiveness 
of using national relocation contractors to administer the Home-
owners Assistance Program. The contract shall be competitively 
awarded not later than 30 days after the date of the enactment 
of this Act. 
(b) REPORT ON CONTRACT.—Not later than one year after the 
date on which the Secretary of Defense enters into the contract 
imder subsection (a), the Comptroller General shall submit to Con-
gress a report containing the Comptroller General's evaluation of 
the effectiveness of using the national contractor for administering 
the program referred to in subsection (a). The report shall compare 
the cost and efficiency of such administration with the cost and 
efficiency of— 
(1) the program carried out by the Corps of Engineers 
using its own employees; and 
(2) the use of contracts with local relocation companies 
at military installations being closed or realigned. 
SEC. 2823. CHANGE IN DATE OF REPORT OF COMPTROLLER GENERAL 
TO CONGRESS AND DEFENSE BASE CLOSURE AND 
REAUGNMENT COMMISSION. 
Section 2903(dX5XB) of the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 101-510; 
10 U.S.C. 2687 note) is amended by striking out "May 15 of each 
year" and inserting in lieu thereof "April 15 of each year". 
SEC. 2824. AVAILABILITY OF CERTAIN FEDERAL PROPERTY FOR 
APPUCATION FOR USE TO ASSIST THE HOMELESS. 
(a) AVAILABILITY OF PROPERTY AFTER HOLDING PERIOD.—Sec-
tion 501(cX4XC) of the Stewart B. McKinney Homeless Assistance 
Act (42 U.S.C. 11411(cX4XC)) is amended to read as follows: 
"(C) For purposes of subparagraph (A), property shall not be 
considered to remain available for application for use to assist 
the homeless aft;er the 60-day holding period provided under sub-
section (d) if— 
"(i) an application for or written expression of interest 
in the property is made under any law for use of the property 
for any purpose; or . 
"(ii) the Administrator receives a bona fide offer to purchase 
the property or advertises for the sale of the property by public 
auction.". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2609 
(b) TECHNICAL CORRECTION.—Section 501(fX2) of the Stewart 
B. McKinney Homeless Assistance Act (42 U.S.C. 11411(fX2)) is 
amended by inserting "or" after "Unutilized". 
SEC. 2825. REVISION OF REQUIREMENTS RELATING TO BUDGET DATA 
ON BASE CLOSURES. 
(a) COVERED FUNDING REQUESTS.—(1) Subsection (a) of section 
2822 of the National Defense Authorization Act for Fiscal Years 
1992 and 1993 (Public Law 102-190; 105 Stat. 1546; 10 U.S.C. 
2687 note) is amended— 
(A) by striking out "each military construction project" 
and inserting in lieu thereof "military construction relating 
to the closure or realignment of the installation"; and 
(B) by striking out "the cost of such project" and inserting 
in lieu thereof "the cost of such construction". 
(2) Subsection (b) of such section is amended— 
(A) by striking out "of a military construction project" and 
inserting in lieu thereof "of military construction"; and 
(B) by striking out "the project" and inserting in lieu thereof 
"the construction". 
(b) INVESTIGATION BY INSPECTOR GENERAL.—Subsection (c) of 
such section is amended— 
(1) in paragraph (1)— 
(A) by striking out "each military construction project" 
and inserting in lieu thereof "the military construction"; 
and 
(B) by striking out "the project" and inserting in lieu 
thereof "such construction"; and 
(2) by striking out paragraphs (2) and (3) and inserting 
in lieu thereof the following new paragraph (2): 
"(2) The Inspector General shall submit to the concessional Reports. 
defense committees a report describing the results of each mvestiga-
tion conducted under paragraph (1).". 
SEC. 2826. CONSIDERATION OF COMMUNITY ABILITY TO COMPETE 
FOR THE RELOCATION OF FINANCE AND ACCOUNTING 
ACTIVITIES. 
(a) CONSIDERATION OF FACTORS.—In evaluating and selecting 
communities as sites for the relocation of financial and accounting 
activities under the management of the Defense Finance Accounting 
Service, the Secretary of Defense shall ensure that consideration 
is provided to the ability of States and commimities to compete 
for the relocation based upon their relative size and potential to 
m£ike offers of incentives for the relocation. 
(b) REPORT.—^The Secretary of Defense shall, with respect to 
the relocation described in subsection (a) and not later than Feb-
ruarv 28, 1993, submit to the Committees on Armed Services of 
the Senate and House of Representatives a report on the advisabil-
ity of using competitive procedures among communities to acquire 
property (through lease or otherwise) and other incentives without 
providing reimbursement to the commimity for such property or 
incentives. 
SEC. 2827. OVERSEAS MILITARY FACILITY INVESTMENT RECOVERY 
ACCOUNT. 
(a) USE OF ACCOUNT AT OVERSEAS FACILITIES.—Subsection (c) 
of section 2921 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 10 U.S.C. 2687 note) is amended— 
106 STAT. 2610 
PUBLIC LAW 102-484—OCT. 23, 1992 
(1) in the first sentence of paragraph (2), by striking out 
"in connection with facility maintenance and repair and 
environmental restoration at military installations in the 
United States." and inserting in lieu thereof the following: 
"in connection with— 
"(A) facility maintenance and repair and environmental 
restoration at military installations in the United States; and 
"(B) facility maintenance and repair and compliance with 
applicable environmental laws at military installations outside 
the United States that the Secretary anticipates will be occu-
pied by the Armed Forces for a long period."; 
(2) by striking out the second sentence of paragraph (2); 
and 
(3) by adding at the end the following new paragraphs: 
"(3) Funds in the Department of Defense Overseas Facility 
Investment 
Recovery Accoimt shall 
remain 
available 
until 
expended.". 
(b) PAYMENTS-IN-KIND.—Such section is further amended by 
adding at the end the following new subsection: 
"(e) NEGOTIATIONS FOR PAYMENTS-IN-KIND.—Before the Sec-
retary of Defense enters into negotiations with a host country 
regarding the acceptance by the United States of any payment-
in-kind in connection with the release to the host coimtry of 
improvements made by the United States at military installations 
in the host country, the Secretary shall submit a written notice 
to the congressional defense committees containing a justification 
for entering into negotiations for pajnments-in-kind with the host 
country and the types of benefit options to be pursued by the 
Secretary in the negotiations." 
(c) ANNUAL REPORT ON OVERSEAS MIUTARY FACILITY INVEST-
MENT RECOVERY ACCOUNT.—Such section is further amended by 
adding after subsection (e), as added by subsection (b), the following 
new subsection: 
"(0 REPORT ON STATUS AND USE OF SPECIAL ACCOUNT.—Not 
later than January 15 of each year, the Secretary of Defense shall 
submit to the congressional defense committees a report on the 
operations of the Department of Defense Overseas Military Facility 
Investment Recovery Account during the preceding fiscal year and 
proposed uses of funds in the special account during the next 
fiscal year. The report shall include the following: 
"(1) The amount of each deposit in the account during 
the preceding fiscal year, and the source of the amount. 
"(2) The balance in the account at the end of that fiscal 
year. 
"(3) The amounts expended from the account by each mili-
tary department during that fiscal year. 
"(4) With respect to each military installation for which 
money was deposited in the account as a result of the release 
of real property or improvements of the installation to a host 
coimtry during that fiscal year— 
"(A) me total amount of the investment of the United 
States in the installation, expressed in terms of constant 
dollars of that fiscal year; 
"(B) the depreciated value (as determined by the Sec-
retary of a military department under regulations to be 
prescribed by the Secretary of Defense) of the real property 
and improvements that were released; and 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2611 
"(C) the explanation of the Secretary for any diflTerence 
between the benefits received by the United States for 
the real property and improvements and the depreciated 
value (as so determined) of that real property and improve-
ments. 
"(5) A list identifying all military installations outside the 
United States for whidi the Secretary proposes to make 
expenditures from the Department of Defense Overseas Facility 
Investment Recovery Account under subsection (cX2XB) during 
the next fiscal year and specifying the amoimt of the proposed 
expenditures for each identified military installation. 
"(6) A description of the purposes for which the expendi-
tures proposed under paragraph (5) will be made £uid the 
need for such expenditures.". 
Subtitle C—^Land Transactions 
SEC. 2831. MODIFICATION OF LAND EXCHANGE, SAN DIEGO, CALIFOR-
NIA. 
Section 837 of the Military Construction Authorization Act, 
1985 (Public Law 98-407; 98 Stat. 1529) is amended— 
(1) in subsection (a) by striking out "or the San Diego 
Energy Recovery Project, a joint powers agency of the city 
and county of ban Diego (hereinafter in this section referred 
to as 'SANDER'),"; 
(2) by striking out subsection (c); 
(3) by redesignating subsections (d) and (e) as subsections 
(e)and(f); 
(4) by inserting after subsection (b) the following new sub-
sections: 
"(c) ALTERNATIVE CONSIDERATION.—(1) In lieu of the 120 acres 
of land referred to in subsection (b) as consideration for the convey-
ance under subsection (a), the Secretary of the Navy may permit 
the City to convey to the Secretary— 
"(A) other real property suitable for use, as determined 
by the Secretary, for military family housing; 
"(B) an amount equal to the fair market value of the 
parcel conveyed under subsection (a), as determined by the 
Secret£uy;or 
"(C) a combination of real property and cash. 
"(2) The Secretary may permit the alternative conveyance under 
paragraph (1) only if the Secretary determines that the City will 
use the 120 acres of land for purposes associated with the clean 
water program of the City that are compatible with the mission 
and operations of the adjacent Naval Air Station, Miramar. 
"(d) FAIR MARKET VALUE; USE OF PROCEEDS.—The total value 
of the consideration to be provided to the United States under 
subsections (b) and (c) shall be at least equal to the fair market 
value of the lands conveyed imder subsection (a), as determined 
by the Secretary of the Navy. The City shall pay any difference 
to the United States. Subject to the availability of appropriations 
for this purpose, the Secretary may use any amounts paid under 
this section solely for the purpose of acquiring in the San Diego 
area a suitable site for,^ or constructing or acquiring by direct 
purchase, military ^mily housing. Any funds received oy the Sec-
retary imder this section and not used within 30 months after 
receipt shall be deposited into the special account established pursu-
106 STAT. 2612 
PUBLIC LAW 102-484—OCT. 23, 1992 
ant to section 204(h) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 485(h)).*'; and 
(5) in subsection (e), as redesignated by paragraph (3), 
by striking out "or SANDER or by the City and SANDER". 
SEC. 2832. LAND ACQUISITION AND EXCHANGE, MYRTLE BEACH AIR 
FORCE BASE AND POINSETT WEAPONS RANGE, SOUTH 
CAROLINA. 
(a) LAND CONVEYANCE.—The Secretary of the Air Force may 
convey to the State of South Carolina all right, title, and interest 
of the United States in and to a parcel of real property consisting 
of approximately 3,744 acres and comprising the Myrtle Beach 
Air Force Base, South Carolina, or any portion of that parcel, 
together with £uiy improvements thereon. 
(b) CoNSroERATiON.—(1) As consideration for the conveyance 
under subsection (a), the State of South Carolina shall— 
(A) convey to the United States all right, title, and interest 
of the State of South Carolina in and to the parcels of land 
(together with any improvements thereon) described in para-
graph (2); and 
(B) pay to the United States an amount equal to the 
amount, if any, by which the fair market value of the land 
conveyed under subsection (a) exceeds the fair market value 
of the land conveyed under subparagraph (A). 
(2) The parcels of land referred to in paragraph (1) are the 
following: 
(A) The Poinsett Weapons Range, a parcel consisting of 
approximately 8,358 acres that is located in Siunter County, 
South Carolina, and is currently leased by the Air Force from 
tiie State of South Carolina. 
(B) Other parcels contiguous to the Poinsett Weapons 
Range that— 
(i) are owned by the State of South Carolina, including 
parcels acquired by the State of South Carolina for the 
purposes of satisfying the requirements of this subsection; 
and 
(ii) the Secretary determines are necessary for the 
Air Force to improve or enlarge the configuration of the 
Poinsett Weapons Range to suit the needs of the Air Force 
as a bombing range. 
(c) DETERMINATIONS OF FAIR MARKET VALUE.—The Secretary 
shall determine the fair market value of the parcels of real property 
to be conveyed pursuant to subsections (a) and (bXlXA). Such 
determinations shall be final. 
(d) USE OF FUNDS.—^Any funds paid to the Secretary imder 
subsection (bXlXB) shall be deposited in the Department of Defense 
Base Closiure Account 1990 established under section 2906 of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and shall 
be available for use in accordance with subsection (b) of such 
section 2906. 
(e) RESERVATION FOR HARVESTING FOREST PRODUCTS.—The Sec-
retary may accept the conveyance of the parcel of real property 
referred to in subsection (bXlXA) subject to a reservation permitting 
the harvesting of forest products on the parcel by the South Carolina 
State Forestry Commission. A reservation greuited iinder this sub-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2613 
section shall be subject to such conditions as the Secretary may 
prescribe. 
(f) DESCRIPTIONS OF I*ROPERTY.—^The exact acreages and legal 
descriptions of the parcels of real property to be conveyed pursuant 
to subsections (a) and (bXlXA) shall be determined bv surveys 
that are satisfactory to the Secretary. The cost of sucn surveys 
shall be borne by the State of South Carolina. 
(g) REVERSIONARY INTEREST.—The mcgor portion of the land 
to be conveyed bv the State of South Carolina under subsection 
(b)(2) was originally conveyed to the South Carolina State Forestry 
Commission by the United States under the Bankhead-Jones Farm 
Tenant Act (50 Stat. 522; 7 U.S.C. 1000 et seq.), subject to reserva-
tion of mineral rights and subject also to a reversion of title if 
the State ceased to use such properties for public purposes. The 
conveyance of such land to the United States under subsection 
(bX2) shall be deemed to be in compliance with the public purpose 
covenants imposed upon conveyance to the South Carolina State 
Forestry Commission. 
(h) AUTHORITY To ACQUIRE ADDITIONAL LAND.—Subject to sec-
tion 2662(a) of title 10, United States Code, and the availability 
of appropriations for this purpose, the Secretary may acquire sucn 
additional parcels of land in the vicinity of Poinsett Weapons Range, 
South Carolina, as the Secretary determines are necessary to 
enhance the usefulness of the Poinsett Weapons Range as a bombing 
range. 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require any additional terms and conditions in connection with 
the conveyances under this section that the Secretary considers 
to be appropriate to protect the interests of the United Stetes. 
SEC. 2833. LAND CONVEYANCE, PITTSBURGH, PENNSYLVANIA. 
(a) IN GENERAL.—Subject to subsection (b), the Secretory of 
the Army may convey, without reimbursement, to the Urban 
Redevelopment Authority of Pittsburgh, Pennsylvania, all right, 
title, and interest of the United Stetes in and to a tract of real 
property (including improvements thereon) known as the Hays 
Army Ammunition Plant and consisting of approximately 11.9983 
acres in the Borough of West Homesteadand the City of Pitteburgh, 
Pennsylvania. 
(b) CONDITION OF TRANSFER.—The Secretory may not make 
the conveyance authorized by subsection (a) unless the Secretary 
is able to issue a statement of condition certifying that the Ha^s 
Army Ammunition Plant is environmentelly clean and safe tor 
nonmilitary use. 
(c) LEGAL DESCRIPTION AND SURVEY.—The exact acreage and 
legal description of the property to be conveyed under subsection 
(a) shall be determined bv a survey that is satisfactory to the 
Secretory. The cost of such survey shall be borne by the Urban 
Redevelopment Authority of Pittsburgh. 
(d) OTHER TERMS AND CONDITIONS.—The Secretory may require 
such other terms and conditions with respect to the conveyance 
as the Secretory considers appropriate to protect the intereste of 
the United Stotes. 
SEC. 2834. LEASES OF PROPERTY, NAVAL SUPPLY CENTER, OAKLAND, 
CALIFORNIA. 
(a) LEASE AUTHORIZED WITH UNION PACIFIC RAILROAD COM-
PANY.—<1) The Secretory of the Navy may lease to the Union 
106 STAT. 2614 
PUBLIC LAW 102-484—OCT. 23, 1992 
Pacific Railroad Company (in this subsection referred to as the 
"Company") not more than 15 acres of real property, together with 
improvements thereon, located at the Naval Supply Center, Otik-
land, California. 
(2) The lease authorized in paragraph (1) shall— 
(A) be for an initial period of not more than 25 years; 
(B) contain an option for the Company to extend the lease 
for an additional period of not more than 25 years; and 
(C) contain the restriction that the Company use the leased 
property only for freight transportation purposes. 
(3XA) As consideration for the lease of the real property under 
paragraph (1), the Company— 
(i) shall pay to the Navy the long-term fair market rental 
value of the leased property; and 
(ii) may be required to furnish additional consideration 
as provided in subparagraph (B). 
(B) The Secretary may require that the lease include a provision 
for the Company— 
(i) to pay the Navy £in amount (as determined by the 
Secretary) for the costs of replacing at the Naval Supply Center, 
Oakland, California, the facilities vacated by the Navy on the 
leased property or to construct the replacement facilities for 
the Navy; and 
(ii) to pay the Navy an amount (as so determined) for 
the costs of relocating Navy operations from the vacated facili-
ties to the replacement facilities. 
(4XA) Section 2667(d) of title 10, United States Code, shall 
apply to amoimts paid under paragraph (SXAXi)-
(B) The Secretary may use amounts received under paragraph 
(3XB) to pay for constructing new facilities, or making modifications 
to existing facilities, that are necessary to replace facilities vacated 
by the Navy on the leased property and for relocating operations 
of the Navy from the vacated facilities to the replacement facilities. 
(5) The Secretary may authorize the Company to demolish 
existing facilities on the leased property and, consistent with the 
restriction required by paragraph (2XC), construct new facilities 
on the property for the use of the Company. 
(b) 
LEASE AUTHORIZED WITH CITY OR PORT OF OAKLAND.— 
(1) The Secretary of the Navy may lease to the City of Oakland, 
California, or the Port of Oakland, California (in this subsection 
referred to as the "City" and the "Port", respectively), not more 
than 195 acres of real property, together with improvements 
thereon, located at the Naval Supply Center, Oakland, California. 
(2) The lease authorized under paragraph (1) shall— 
(A) be for a term of not more than 50 years; and 
(B) shall contain the restriction that the City or the Port 
(as the case may be) use the leased property in a manner 
consistent with >favy operations conducted at the Naval Supply 
Center. 
(3XA) As consideration for the lease of the real property under 
paragraph (1), the City or the Port (as the case may be)— 
(i) shall pay to the Navy the long-term fair market rental 
value of the leased property; and 
(ii) may be required to furnish additional consideration 
as provided in subparagraph (B). 
(B) The Secretary may require that the lease include a provision 
for the City or the Port (as the case may be)— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2615 
(i) to pay the Navy an amount (as determined by the 
Secretary) for the costs of replacing at the Naval Supply Center, 
Oakland, California, the facilities vacated by the Navy on the 
leased property or to construct the replacement facilities for 
the Navy; and 
(ii) to pay the Navy an amount (as so determined) for 
the costs of relocating Navy operations from the vacated facili-
ties to the replacement facilities. 
(4) The Secretary may not enter into the lease authorized 
by paragraph (1) until 21 days after the date on which the Secretary 
submits to the Committees on Armed Services of the Senate and 
House of Representatives a report containing an explanation of 
the terms of the proposed lease and a description of the consider-
ation that the Secretary expects to receive under the lease. 
(5XA) The Secretary may use amounts paid under paragraph 
(3XAXi) to pay for improvement, maintenance, repair, construction, 
or restoration activities at the Naval Supply Center, Oakland, 
California. 
(B) The Secretary may use amounts received under paragraph 
(3XB) to pay for constructing new facilities, or making modifications 
to existing facilities, that are necessary to replace facilities vacated 
by the Navy on the leased property and for relocating operations 
of the Navy from the vacated facilities to the replacement facilities. 
(6) The Secretary may authorize the City or the Port (as the 
case may be) to demolish existing facilities on the leased property 
and, consistent with the restriction required by paragraph (2)(B), 
construct new facilities on the property for the use of the (Jity 
or the Port. 
(c) ADDITIONAL TERMS.—^The Secretary may require such addi-
tional terms and conditions in connection with the leases authorized 
under this section as the Secretary considers appropriate to protect 
the interests of the United States. 
(d) REPEAL OF SUPERSEDED AUTHORITY.—Section 2338 of the 
National Defense Authorization Act for Fiscal Years 1988 and 1989 
(Public Law 100-180; 101 Stat. 1225) is repealed. 
SEC. 2836. GRANT OF EASEMENT AT NAVAL AIR STATION, MIRAMAR, 
SAN DIEGO, CALIFORNIA. 
(a) AUTHORITY TO GRANT EASEMENT.—The Secretary of the 
Navy may grant to San Diego Gas and Electric Company (in this 
section referred to as "SDG&E") an easement on a parcel of real 
property consisting of approximately 120 acres that is located in 
the northeast portion of Naval Air Station, Miramar, California 
(in this section referred to as the "Air Station"). The purpose of 
the easement is to enable SDG&E to construct, operate, and main-
tain an electric transmission substation and associated electric 
transmission lines. 
(b) CONSIDERATION.—(1) As consideration for the grant of an 
easement to SDG&E under subsection (a), SDG&E shall pay to 
the United States an amoimt that is not less than the fair market 
value of that easement, as determined by the Secretary. 
(2) The Secretary may accept from SDG&E, in lieu of payment 
of up to 50 percent of the agreed consideration, the following: 
(A) The establishment of an alternative source of 12 kilo-
volts of electric power for the Air Station. 
106 STAT. 2616 
PUBLIC LAW 102-484—OCT. 23, 1992 
(B) Such improvements to the electrical distribution system 
of the Air Station as the Secretary designates for the purposes 
of this paragraph. 
(c) USE OF PROCEEDS.—(1) The amounts of consideration paid 
under subsection (b) shall be deposited in the special account estab-
lished for the Department of the Navy under section 2667(d)(lXA) 
of title 10, United States Code. 
(2) Subject to the availability of appropriations for this purpose, 
of the sums in such account— 
(A) there shall be available for facility maintenance and 
repair and for environmental restoration by the Department 
of the Navy the amoimt equal to 50 percent of the total agreed 
consideration for the grant of the easement under subsection 
(a); and 
(B) there shall be available for facility maintenance and 
repair or environmental restoration of the Air Station, the 
amount equal to the excess (if any) of 50 percent of such 
total consideration over the amount equal to the sum of— 
(i) the total cost incurred by SDG&E for the establish-
ment of the alternative power source pursuant to subsection 
(bX2)(A); and 
(ii) the total cost of the improvements made by SDG&E 
pursuant to subsection (bX2)(B). 
(d) LEGAL DESCRIPTION.—^The exact acreage and legal descrip-
tion of the real property subject to the easement granted under 
this section shall be determined by a survey that is satisfactory 
to the Secretary. The cost of the survey shall be borne by SDG&E. 
(e) ADDITIONAL TERMS.—The Secretary may require any addi-
tional terms and conditions in connection with the grant of an 
easement under this section that the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2836. LAND CONVEYANCE, NAVAL RESERVE CENTER, SANTA BAR-
BARA, CALIFORNIA. 
(a) CONVEYANCE.—^The Secretary of the Navy may convey to 
the City of Santa Barbara, California (in this section referred to 
as the "City"), all right, title, and interest of the United States 
in and to a parcel of real property consisting of approximately 
one acre, including improvements thereon, which is the location 
of the Santa Barbara Naval Reserve Center. 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the City shall pay to the United States an amount 
equal to the lesser of— 
(1) $2,400,000; or 
(2) the cost incurred by the Secretary in constructing a 
naval reserve center to replace the naval reserve center con-
veyed under subsection (a). 
Contracts. 
(c) CONDITIONS OF CONVEYANCE.—^The Conveyance authorized 
under subsection (a) shall be subject to the following conditions: 
(1) That the City enter into an agreement with the Sec-
retary of Transportation for the City— 
(A) to permit, at no cost to the Federal Government, 
the Coast Guard to remain in the space currently occupied 
by the Coast Guard in the facility referred to in subsection 
(a); or 
(B) to provide the Coast Guard, at no cost to the 
Federal Government, with space in a facility acceptable 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2617 
to the Secretary of Transportation that is sufficient to 
replace the space referred to in subparagraph (A) from 
which the Coast Guard is displaced by tne City. 
(2) That the City enter into an agreement with the 
Administrator of the National Oceanic and Atmospheric 
Administration for the City— 
(A) to permit, at no cost to the Federal Government, 
the National Oceanic and Atmospheric Administration (in 
this section referred to as "NOAA") to remain imtil 
May 1, 1993 (or a later date agreed to by the City and 
the Administrator), in the space currently occupied by 
NOAA in the facility referred to in subsection (a); or 
(B) to provide NOAA until May 1, 1993 (or a later 
date agreed to by the City and the Administrator), at 
no cost to the Federal Government, with space in a facility 
acceptable to the Administrator that is sufficient to replace 
the space refeirred to in subparagraph (A) from which 
NOAA is displaced by the City. 
(3) That the City enter into an agreement with the Sec-
retary of the Navy for the City to permit the Navy to use, 
at no cost to the Federal Government, the naval reserve center 
referred to in subsection (a) luitil the replacement facility to 
be constructed in accordance with subsection (d) is suitable 
for occupancy by the Navy, as determined by the Secretary. 
(d) REPLACEMENT CENTER.—The Secretary of the Navy shall 
use the amount paid by the City under subsection (b) to construct 
a naval reserve center to replace the naval reserve center conveyed 
pursuant to subsection (a). Such replacement center shall be con-
structed at the Naval Construction Battalion Center, Port Hueneme, 
California, or at another location determined by the Secretary to 
be suitable for such a center. 
(e) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed under this section shall 
be determined by a survey satisfactory to the Secretary of the 
Navy. The cost of such survey shall be borne by the City. 
(0 ADDITIONAL TERIVIS AND CONDITIONS.—The Secretary of the 
Navy may require such additional terms and conditions in connec-
tion with the conveyance and agreements under this section as 
the Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 
2837. LAND 
CONVEYANCE, 
FOREST 
GLEN 
ANNEX, 
WALTER REED 
ARMY 
MEDICAL 
CENTER, 
MARYLAND. 
(a) IN GENERAL.—S>ubject to subsection (b), the Secretary of 
the Army shall convey,, without consideration, to the Maryland-
National Capital Park and Planning Commission (in this section 
referred to as the "Commission") all right, title, and interest of 
the United States in and to approximately 10 acres of real property 
at the Forest Glen Annex of the Walter Reed Army Medical Center, 
consisting of woodlands located north and west of Ireland Drive. 
(b) CONDITION ON USE OF CONVEYED PROPERTY.—The convey-
ance required by subsection (a) shall be subject to the condition 
that the Commission use the property conveyed only as a public 
park and maintain the property in its entirety as woodlands for 
the public benefit. 
(c) REVERSION.—If the Secretary determines at any time that 
the Commission is not complying with the condition specified in 
106 STAT. 2618 
PUBLIC LAW 102-484—OCT. 23, 1992 
subsection (b), all right, title, and interest in and to the property 
conveyed piirsuant to subsection (a) shall revert to the United 
States. 
(d) LEGAL DESCRIPTION AND SURVEY.—^The exact acreage and 
legal description of the property to be conveyed under subsection 
(a) shall be determined by a survey that is satisfactory to the 
Secretary. The Commission shall bear the expense of the survey. 
SEC. 2838. LAND CONVEYANCE, WILLIAMS AIR FORCE BASE, ARIZONA. 
(a) IN GENERAL.—(1) The United States may acquire by con-
demnation or otherwise— 
(A) all right, title, and interest of the State of Arizona 
(including any mineral rights) in and to the trust lands of 
the State of Arizona described in paragraph (2); and 
(B) any trust mineral estate of the State of Arizona located 
beneath the surface estates of the United States in the lands 
described in paragraph (3). 
(2) The trust lands referred to in paragraph (IXA) are as 
follows: 
(A) A parcel or parcels consisting of approximately 81,121 
acres located in the Goldwater Aerial Gunnery Range, Yuma 
County and Maricopa County, Arizona, and used by the Air 
Force for activities relating to aerial gunnery and bombing 
practice. 
(B) A parcel or parcels consisting of approximately 7,563 
acres located in the Yuma Test Station, Yuma County, Arizona, 
and used by the Army for activities relating to field artillery 
testing. 
(C) A parcel or parcels consisting of approximately 1,537 
acres located in the Fort Huachuca East Range, Cochise County, 
Arizona, and used by the Army for activities relating to field 
training exercises. 
(D) A parcel or parcels consisting of approximately 133 
acres located in Davis-Monthan Air Force Base, Tucson, 
Arizona. 
(E) A parcel consisting of approximately five acres located 
in section 14, T4N, R3E of the State of Arizona, Phoenix, 
Arizona, and used as part of the Arizona National Memorial 
Cemetery. 
(3) The lands referred to in paragraph (IXB) are as follows: 
(A) A parcel or parcels consisting of approximately 50,355 
acres located in the Goldwater Aerial Gimnery Range, Arizona. 
(B) A parcel or parcels consisting of approximately 12,781 
acres located in the Yuma Test Station, Arizona. 
(C) A parcel or parcels consisting of approximately 12,943 
acres located in the Fort Huachuca East Range, Arizona. 
(b) CONSIDERATION.—^As consideration for the acquisition by 
the United States of Arizona trust lands under paragraph (IXA) 
of subsection (a) and any mineral rights imder paragraph (IXB) 
of that subsection, the Secretary of the Air Force shall convey 
to the State of Arizona all right, title, and interest of the United 
States in and to a parcel of real property located at Williams 
Air Force Base, Arizona, together with any improvements thereon, 
that is approximately equal in fair market value to the fair market 
value of the property and mineral rights acquired iinder that sub-
section. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2619 
(c) CONDITIONS.—^The Secretary may make the conveyfimce 
described in subsection (b) only if— 
(1) the fair market value of the real property and mineral 
rights acquired by the United States imder subsection (a) is 
at least equal to the fair market value of the property conveyed 
by the Secretary imder subsection (b); 
(2) the conveyance of the Secretary to the State of Arizona 
under subsection (b) is accepted as full consideration for the 
conveyance of properlty and mineral rights to the United States 
imder subsection (a) and terminates all right, title, and interest 
of all parties other than the United States in and to the 
property and mineral rights conveyed to the United States 
imder subsection (a); and 
(3) the Secretary has complied with all environmental 
protection, 
remediation, 
and 
restoration 
laws 
that 
are 
applicable to the disposal of the real property at Williams 
Air Force Base, Arizona, that is conveyed to the State of Arizona 
under subsection (b). 
(d) RESTRICTION ON USE OF CERTAIN PROPERTY.—The Secretary 
of Veterans AfiTairs shall use as a cemetery any property referred 
to in paragraph (2)(E) of subsection (a) that is acquired by the 
United States under that subsection. Such use shall be subject 
to the provisions of chapter 24 of title 38, United States Code. 
(e) LIMITATION ON CONVEYANCE AUTHORITY.—The conveyance 
of real property described in subsection (b) may not be made until 
adequate prior opportunity has been provided for the disposition 
of such property as provided in section 2905(b) of the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note), except the requirement 
for disposition by public advertising. 
(f) DETERMINATIONS OF FAIR MARKET VALUE.—The Secretary 
of the Air Force shall determine the fair market value of the 
parcels of real property to be acquired pursuant to subsection 
(aXlXA), the mineral rights to be acquired pursuant to subsection 
(aXlXB), and the parcel of real property to be conveyed pursuant 
to subsection (b). Such determinations shall be final. 
(g) DESCRIPTIONS OF PROPERTY.—^The exact acreages and legal 
descriptions of the parcels of real property to be acquired pursuant 
to subsection (aXlXA), the parcels of real property referred to 
in subsection (a)(1)(B), and the parcels of real property conveyed 
pursuant to subsection (b) shall be determined by surveys that 
are satisfactory to the Secretary of the Air Force and the State 
of Arizona. The cost of such surveys shall be borne by the State 
of Arizona. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Air Force may require any additional terms and conditions in 
connection with the conveyance and acquisitions under this section 
that the Secretary considers to be appropriate to protect the 
interests of the United States. 
SEC. 2839. MODIFICATION OF LAND EXCHANGE, BURLINGTON, VER-
MONT. 
Section 2387 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1800) is amended— 
(1) in subsection (b), by striking out "the Burlington, Ver-
mont, area" and inserting in lieu thereof "the State of Vermont"; 
106 STAT. 2620 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) in subsection (cXlXA), by striking out "$800,000" and 
inserting in lieu thereof "$600,000, with such payment to be 
made (before the date of the conveyance authorized by sub-
section (a)) in a lump sum, in yearly installments, or under 
such other terms and conditions as the Secretary considers 
to be in the interest of the United States"; 
(3) in subsection (cX2), by striking out "January 1, 1993," 
and inserting in lieu thereof "June 1,1995,"; and 
(4) by adding at the end of subsection (c) the following 
new paragraph: 
"(3) The Secretary may permit the City of Burlington, Vermont, 
to make alterations or improvements to the property referred to 
in subsection (a) before the Secretary conveys the property to the 
City. The making of such alterations and improvements pursuant 
to this paragraph shall be subject to terms and conditions that 
the Secretary considers to be appropriate and shall be subject 
to the prior approval of the Secretary.". 
SEC. 2840. CONVEYANCE OF WASTE WATER TREATMENT PLANT, FORT 
RITCHIE, MARYLAND. 
(a) IN GENERAL.—^The Secretary of the Army may convey to 
the Washington County, Maryland, Sanitary District (in this section 
referred to as the "Sanitary District") all right, title, and interest 
of the United States in and to a parcel of real property consisting 
of approximately 4.5 acres, including a waste water treatment facil-
ity and other improvements located thereon, located at Fort Ritchie, 
Maryland. 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a) the Sanitary District shall provide the Army with 
disposal services, waste water treatment services, and other related 
services at the facility. The value of the services provided the 
Army shall be equal to the fair market value of the property 
conveyed pursuant to subsection (a), as determined jointly by the 
Secretary and the Sanitary District. 
(c) CONDITIONS.—^The conveyance authorized under subsection 
(a) shall be subject to the following conditions: 
(1) That the Sanitary District reserve 70 percent of the 
operating capacity of the waste water treatment facility referred 
to in subsection (a) for use by the Army in the event that 
such use is necessitated by a realignment or change in the 
operations of the Army at Fort Ritchie, Maryland. 
(2) That the Sanitary District ensure the compliance of 
the waste water treatment facility with applicable environ-
mental laws, including the construction of any improvement 
and the satisfaction of any permit or license requirements 
that may be necessary to ensure such compliance. 
(3) That the cost of the construction of the improvements 
referred to in paragraph (2) be borne by the Sanitary District 
and the Army according to the pro rata share of the operating 
capacity of the waste water treatment facility reserved to the 
Anny and the Sanitary District, respectively. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey that is satisfactory to the Secretary. 
TTie cost of the survey shall be borne by the Sanitary District. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection witn 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2621 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2841. ACQUISITION OF INTERESTS IN LAND, NAVAL RADIO STA-
TION, JIM CREEK, WASHINGTON. 
(a) AUTHORITY TO ACQUIRE.—^The Secretary of the Navy may 
acquire all right, title, and interest (including timber rights) of 
any party in and to a parcel of land consisting of approximately 
225 acres, or any portion of the parcel, located in Snohomish County, 
Washington, and comprising a portion of Naval Radio Station, Jim 
Creek, Washington. 
(b) CONSIDERATION.—(1) As consideration for an interest 
acquired by the Secretary pursuant to the authority in subsection 
(a), the Secretary— 
(A) shall pay the person conveying that interest, out of 
fimds available to the Secretary for the acquisition of interests 
in real property (including unobligated prior year fimds avail-
able for tne Legacy Resource Management Program), the 
amount determined under paragraph (2); 
(B) shall, with the consent of that person, convey to such 
person all right, title, and interest of the United Stetes in 
and to a quantity of merchanteble timber at the Naval Radio 
Station, Jim Creek, determined under paragraph (2); or 
(C) shall, with the consent of such person, make such 
a payment and such a conveyance to that person. 
(2) The total of the amount paid a person pursuant to paragraph 
(IXA), if any, and the fair market value ot the quantity (to the 
extent of the interest) of merchanteble timber conveyea to that 
person pursuant to paragraph (IXB), if any, shall be equal to 
the fair market value of the property interest acquired from that 
person under subsection (a). 
(c) OPTION TO PURCHASE.—^The Secretery may purchase an 
option to purchase a property interest authorized to be acquired 
under subsection (a). The Secretary may use funds referred to 
in subsection (bXlXA) for the purchase of such an option. 
(d) DETERMINATIONS OF FAIR MARKET VALUE.—The Secretery 
shall determine the fair market value of the property interests 
acquired under subsection (a) and the merchanteble timber, if any, 
conveyed under subsection (b). Such determinations shall be final. 
(e) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of each parcel of real property an interest in which 
is acouired under subsection (a) or conveyed under subsection (b) 
shall be determined by a survey that is satisfactory to the Secretery 
and is conducted at no cost to the United Stetes (except that 
the Secretery shall bear such cost in the case of a gift to the 
United Stetes). 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require any additional terms and conditions in connection witn 
the acquisitions authorized under subsection (a) and the convey-
ances, if any, authorized under subsection (b) tJiat the Secretery 
considers to be necessary to protect the intereste of the United 
Stetes. 
SEC. 2842. REAL PROPERTY CONVEYANCE, NAVAL STATION PUGET 
SOUND, EVERETT, WASHINGTON. 
(a) IN GENERAL.—(1) The Secretery of the Navy may convey 
to anv person all right, title, and interest of the United Stetes 
in and to the parcel of 
land described in paragraph (2). 
106 STAT. 2622 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) The parcel of land referred to in paragraph (1) is a parcel 
of land located in the State of Washington consisting of approxi-
mately 68 acres and comprising the naval family housing area 
at Paine Field, Snohomish County, Washington, together with 
improvements thereon. 
(b) CONSIDERATION.—(1) In consideration for the conveyance 
of the parcel of land authorized in subsection (a), the person accept-
ing the conveyance shall— 
(A) pay the Secretary an amount equal to the fair market 
value of the parcel and any improvements located thereon; 
or 
(B) convey to the United States of all right, title, and 
interest of the person in and to the parcel of land, together 
with any improvements thereon, located in the area of the 
Naval Station Puget Sound, Everett, Washington, that the Sec-
retary determines to be suitable for family housing for Naval 
Station Puget Sound and, if the fair market value of the parcel 
conveyed by the United States exceeds the fair market value 
of the parcel conveyed to the United States, pay to the Secretaiy 
the amount equal to such excess. 
(2) The Secretary shall determine the fair market value of 
the parcel of land conveyed pursuant to subsection (aXD and the 
parcels of land, if any, conveyed pursuant to paragraph (IXB). 
(c) NOTICE TO COMMITTEES.—^The Secretary may not enter into 
a conveyance or sale of real property, as the case may be, under 
this section until the Secretary has notified the congressional 
defense committees of the details of the proposed conveyance or 
sale, as the case may be, and a period of 21 days has elapsed 
follo¥dng the day on which the committees receive the notification. 
(d) USE OF FUNDS.—(1) Subject to the availability of appropria-
tions for this purpose, the Secretary shall use any amounts paid 
to the Secreta^ under subsection (bXD for the following puiposes: 
(A) Acquiring in the vicinity of Naval Station Puget Soimd 
land that is suitable (as determined by the Secretary) for family 
housing for Naval Station Puget Sound. 
(B) Acquiring or constructing not more than 350 imits 
of family housing for Naval Station Puget Soimd. 
(2) If amounts referred to in para^aph (1) remain imexpended 
after the acquisition or construction of the family housing referred 
to in that paragraph, the Secretary shall deposit such unexpended 
amounts in the account established under section 204(h) of the 
Federal Property and Administrative Services Act (40 U.S.C. 
485(h)). 
(e) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
descriptions of the parcel of land conveyed pursuant to this section 
shall be determined by surveys satisfactory to the Secretary. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary mav 
require such additional terms and conditions in connection witn 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2843. CONVEYANCE OF HASTINGS RADAR BOMB SCORING SITE, 
NEBRASKA. 
(a) CONVEYANCE.—^The Secretary of the Air Force may convey 
to Central Community College, Hastings, Nebraska (in this section 
referred to as the "CoUege'O, all right, title, and interest of the 
United States in and to three parcels of property located in Hast-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2623 
ingps, Nebraska, which have served as a support complex for the 
Hastings Radar Bomb Scoring Site. 
(b) CONSIDERATION.—In consideration for the conveyance imder 
subsection (a), the College shall pay to the United States an amount 
equal to the fair market value of 
the land conveyed under subsection 
(a), as determined by the Secretary. 
(c) USE OF PROCEEDS.—^The Secretary shall deposit the proceeds 
of the sale of property authorized by this section in the special 
account establishea pursuant to section 204(h) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 485(h)). 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property conveyed under this section shall oe 
determined by a survey satisfactory to the Secretary. The cost 
of such survey shall be borne by the College. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary mav 
require such additional terms and conditions in connection with 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2844. LAND CONVEYANCE, ABBEVILLE, ALABAMA. 
(a) IN GENERAL.—^The Secretary of the Army may convey, with-
out consideration, to the City of Abbeville, Alabama, all right, 
title, and interest of the United States in and to a parcel of land 
consisting of approximately four acres, together with improvements 
thereon, the site of a proposed Army I^serve Center, Abbeville, 
Alabama. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed luider subsection (a) 
shall be determined by a survey that is satisfactory to the Secretary. 
The cost of the survey shall be borne by the City of Abbeville, 
Alabama. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require any additional terms and conditions in connection with 
the conveyance under this section that the Secretary considers 
to be appropriate to protect the interests of the United States. 
SEC. 2845. EXTENSION OF TIME IN WHICH TO ENTER INTO LEASE AT 
HUNTERS POINT NAVAL SHIPYARD, SAN FRANCISCO, 
CALIFORNIA. 
The time period within which the Secret€ury of the Navy shall 
enter into the lease of real property at the Hunters Point Naval 
Shipyard, San Francisco, CaM)mia, required under section 2824(a) 
of tJie MUitary Construction Authorization Act for Fiscal Yecu* 1991 
(division B of PubUc Law 101-510; 104 Stat. 1790) is extended 
to May 30,1993. 
SEC. 2846. TERMINATION OF LEASE AND SALE OF FACBLITIES, NAVAL 
RESERVE CENTER, ATLANTA, GEORGIA. 
(a) IN GENERAL.—The Secretary of the Navy may— 
(1) negotiate the termination of the remaining lease of 
the Navy of 2.27 acres of land located at the Greorgia Institute 
of Technology, Atlanta, Georgia (in this section referred to 
as the "Institute"); and 
(2) sell to the Institute the Naval Reserve Center facilities 
located on such land., 
(b) CONSIDERATION.—As consideration for the termination of 
the lease interest referred to in subsection (aXl) and the sale 
of the facilities referred to in subsection (aX2), the Institute shall 
106 STAT. 2624 
PUBLIC LAW 102-484—OCT. 23, 1992 
pay the Secretory an amount equal to the aggregate of the fair 
market value of the remaining lease referred to in such subsection 
(aXD and the facilities referred to in such subsection (aX2). 
(c) USE OF FUNDS.—(IXA) Subject to the availability of appro-
priations for this purpose and subparagraph (B), the Secretary 
shall use the amount paid by the Institute under subsection (b) 
to expand the Marine Corps Reserve Center to be constructed 
at Doobins Air Force Base, Georgia, in a manner which permits 
the use of a portion of that Center as replacement facilities for 
the naval reserve facilities referred to in subsection (aXl). 
(B) The expanded portion of the Marine Corps Reserve Center 
described under subparagraph (A) shall be imder the jurisdiction 
of the Marine Corps Reserve. 
(2) If any portion of the amount referred to in paragraph 
(1) remains unexpended after the construction of the naval reserve 
facilities referred to in that paragraph, the Secretary ahall deposit 
that portion in the account established under section 204(n) of 
the Federal Property and Administrative Services Act (40 U.S.C. 
485(h)). 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretory mav 
require any additional terms and conditions in connection with 
the conveyance section that the Secretary considers appropriate 
to protect the interests of the United Stotes. 
SEC. 2847. LAND CONVEYANCE, FORT CHAFFEE, ARKANSAS. 
(a) CONVEYANCE.—^The Secretory of the Army shall convey to 
the City of Fort Smith, Arkansas (in this section referred to as 
the "City^), all right, title, and interest (other than any oil, gas, 
or mineral interest) of the United Stotes in and to a parcel of 
real property consisting of approximately 400 acres, togetner with 
improvemente thereon, located at Fort Chaffee, Arkansas. 
(b) CONSIDERATION.—^As consideration for the conveyance imder 
subsection (a), the City— 
(1) shall provide the Army with such services at Fort 
Chaffee as the Secretary and the City shall jointly determine, 
the fair market value of which services shall be equal to the 
fair market value of the property conveyed pursuant to sub-
section (a); or 
(2) shall— 
(A) provide the Army with such services at Fort Chaffee 
as the Secretory and the City shall jointly detormine; and 
(B) in the event that the fair market value of the 
property conveved pursuant to subsection (a) exceeds the 
fair market value of the services provided under subp€u:a-
graph (A), pay to the Secret£U7 the amount equal to such 
excess. 
(c) DETERMINATIONS OF FAIR MARKET VALUE.—The Secretary 
shall determine the fair market value of the parcel of real property 
to be conveyed under subsection (a) and the value of the services, 
if any, to oe provided under paragraph (1) or (2) of subsection 
(b). Such determinations shall be final. 
(d) USE OF PROCEEDS.—The Secretary shall deposit the amount 
of the consideration, if any, paid imder subsection (bX2XB) in the 
accoimt estoblished under section 204(h) of the Federal Property 
and Administrative Services Act (40 U.S.C. 485(h)). 
(e) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the parcel of land conveyed pursuant to this section 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2625 
shall be determined by a survey satisfactory to the Secretary. The 
cost of such survey shsul be borne ^ the City. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require any additional terms and conditions in connection with 
the conveyance imder subsection (a) that the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2848. MODIFICATION OF LAND CONVEYANCE, FORT AJP. HILL 
MILITARY RESERVATION, VIRGINIA. 
(a) ADJUSTMENT OF BOUNDARIES.—Subsection (b) of section 603 
of the Persi£ui Gulf Conflict Supplemental Authorization and 
Personnel Benefits Act of 1991 (Public Law 102-25, 105 Stat. 107) 
is amended by adding at the end the following new paragraph: 
"(3) Subsequent to the identification of the parcel of land pursu-
ant to paragraph (1), the Secretary may, with the concurrence 
of appropriate representatives of Caroline County, Virginia, and 
the Commonwealth, make minor adjustments to the boundaries 
of the parcel of land identified so that the parcel of land conveyed 
pursuant to this section better serves the purposes intended by 
this section.". 
(b) ACTIONS AFTER CONVEYANCE.—Subsection (cX2) of such sec-
tion is amended— 
(1) in subparagraph (A), by striking out ''construct and 
operate on such parcel of land a regional correctional facility" 
and inserting in lieu thereof "provide for the construction and 
operation of a regional correctional facility on such parcel of 
land"; and 
(2) in subparagraph (B), by striking out "constructs and 
operates such facility*^ and inserting in lieu thereof "provides 
for the construction and operation of such facility^. 
(c) EXTENSION OF DATE FOR START OF CONSTRUCTION.—Sub-
section (dXlXAXi) of such section is amended by striking out "24 
months idler the date of enactment of this Act" and inserting 
in lieu thereof "April 1,1995". 
Subtitle I>-Other Matters 
SEC. 2851. CLARIFICATION OF AUTHORITY TO LEASE NON-EXCESS 
PROPERTY. 
Section 2667(bX4) of title 10, United States Code, is amended 
by inserting ", in the case of the lease of real property," after 
"shall provide". 
SEC. 2862. STORAGE OF HAZARDOUS MATERIALS ON ARSENAL PROP-
ERTY IN CONJUNCTION WITH THIRD-PARTY CONTRACTS. 
Section 2692(b) of title 10, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (6); 
(2) by striking out the period at the end of paragraph 
(7) and inserting in lieu thereof"; and"; and 
(3) by addmg at the end the following new paragraph: 
"(8) the storage of any material that is not owned by 
the Department of Defense if the Secretary of the military 
department concerned determines that the material is required 
or generated by a private person in connection with the author-
ized and compatible use by that person of an industrial-tjrpe 
facility of the Department of Defense.". 
106 STAT. 2626 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 2853. REPORT ON CONTINUED MILITARY NEED FOR BELLOWS 
AIR FORCE STATION, HAWAIL 
(a) REPORT REQUIRED.—^The Secretary of Defense, the Secretary 
of the Air Force, and the Secretary of the Navy shall jointly prepare 
a report evaluating the military necessity of maintaining Bellows 
Air Force Station on the Island of Oahu, Hawaii, as a military 
installation of the Department of Defense. 
(b) COMMUNICATION FACILITY.—AS part of the report, the Sec-
retary of the Air Force shall describe one or more alternative 
locations under the jurisdiction of the Department of Defense in 
the State of Hawaii that would be suitable for the communication 
operations currently conducted at Bellows Air Force Station and 
the cost of relocating such operations. 
(c) MARINE CORPS TRAINING.—As part of the report, the Sec-
retary of the Navy shall describe one or more alternative locations 
under the jurisdiction of the Department of Defense in the State 
of Hawaii that would be suitable for the training activities of 
the Marine Corps periodically conducted at Bellows Air Force Sta-
tion. 
(d) SUBMISSION OF REPORTS.—The report required by this sec-
tion shall be submitted to Congress not later than March 1, 1993. 
SEC. 2854. PROHIBITION 
ON 
COMMERCIAL 
DEVELOPMENT 
OF 
CALVERTON PINE BARRENS, CALVERTON, NEW YORK. 
(a) PROHIBITION.—Notwithstanding any other provision of law, 
in the event that any parcel of the Calverton Pine Barrens is 
conveyed by a department or agency of the Federal Government, 
the instrument of conveyance shall provide for the reversion to 
the United States of the parcel, or any portion thereof, that is 
used or developed after such conveyance for commercial purposes 
(as determined by the head of the appropriate department or agency 
of the Federal Government). 
(b) DEFINITION.—(1) For the purpose of this section, the term 
"Calverton Pine Barrens" means the parcel of real property consist-
ing of approximately 3,243 acres of real property located at the 
Naval Weapons Industrial Reserve Plant, Calverton, New York. 
(2) The exact acreage and legal description of the Calverton 
Pine Barrens shall be determined by a survey satisfactory to the 
Secretary of the Navy. 
SEC. 2855. TECHNICAL REVISIONS TO CERTAIN MAPS INVOLVING 
COASTAL BARRIER RESOURCES SYSTEM. 
(a) TECHNICAL REVISIONS REQUIRED.—Not later than the end 
of the 30-day period beginning on the date of the enactment of 
this Act, the Secretary of the Interior shall make such technical 
revisions to the maps described in subsection (c) as are necessary 
to ensure thatr-
(1) on the maps referred to in subparagraphs (A) and 
(B) of subsection (cX2), depictions of areas as "otherwise pro-
tected areas" do not include any area that is not an otherwise 
protected area within the meaning of that term under section 
12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 
3503 note); 
(2) on the map referred to in subsection (cX2XC), depictions 
of areas as "otherwise protected areas" identified as "VA-60P" 
do not include— 
PUBUC LAW 102-484—OCT. 23, 1992 
106 STAT. 2627 
(A) any area that is located south of the north bank 
of the Salt Ponds Inlet in Hampton, Virginia; and 
(B) the area that is located north of the line described 
in subsection (d), other than any part of that area which 
is an otherwise protected area within the meaning of that 
term under section 12 of tlie Coastal Barrier Improvement 
Act of 1990 (16 U.S.C. 3503 note); 
(3) on the map referred to in subsection (cX2XA), the area 
consisting of approximately 5,221 acres and owned by the 
National Audubon Society as of September 28, 1992 (luiown 
as the "Audubon Sanctuary"), along with the associated aquatic 
habitat of Fine Island Bay and Goat Island Bay shall be des-
ignated and depicted as NC-01, a imit of the Coastal Barrier 
Resources System by the Secretary in accordance with sub-
section (b); and 
(4) on the map referred to in subsection (cX2XC), areas 
designated as "otherwise protected areas" identified as "VA-
60P" that are— 
(A) north of tiie north bank of Salt Ponds Inlet in 
Hampton, Virginia; and 
(B) south of the line described in subsection (d), 
shall be designated and depicted on the map as VA-60, a 
unit of the Coastal Barrier Resources System by the Secretary 
in accordance with paragraph (5) of this subsection. 
(b) SPECIAL RULE FOR CERTAIN REVISIONS.—In designating the 
units in accordance with paragraphs (3) and (4) of subsection (a), 
the Secretary of the Interior may make any minor and technical 
modifications to the boundaries of such unit as may be necessary 
to correct existing clerical and typographical errors in the map. 
The local ^vemment in which the unit is located may recommend 
any corrections to be considered by the Secretary. 
(c) MAPS DESCRIBED.—^The maps referred to in subsection (a) 
are— 
(1) included in a set of maps entitled "Coastal Barrier 
Resources System", dated October 24,1990; and 
(2) entitled, respectively— 
(A) "Pine Island Bay Unit, NC-OIP", 
(B) "Roosevelt Natural Area Unit, NC-05P", and 
(C) "Plum Island Unit VA-59P Long Creek Unit VA-
60P". 
(d) LINE DESCRIBED.—The line referred to in subsection (aX2XB) 
is a Une described as follows: 
Beginning at an iron pipe in the low water line of Chesapeake 
Bay; said iron pipe being located 265.00 feet in a southerly direction 
firom the south eastern comer of Fox Hill Shores Subdivision (as 
shown in Plat Book 9, page 161 as recorded in the Circuit Court 
for the City of Hampton, Virginia) and firom this TRUE POINT 
OF BEGINNING running thence North 66 degrees 47 minutes 
46 seconds West 995.79 feet to a found iron pipe; thence South 
15 degrees 47 minutes 20 seconds East 270.65 feet to a found 
iron pipe; thence South 73 degrees 59 minutes 57 seconds West 
836.68 feet to a point marking the low water line of Long Creek; 
being known as tlie southerly property line of Riley's Way. 
59-194 O—93 
27:QL3(Pt. 3) 
106 STAT. 2628 
PUBLIC LAW 102-484—OCT. 23, 1992 
Florida. 
SEC. 28S6. HOMEOWNERS ASSISTANCE FOR CERTAIN INDIVIDUALS 
AFFECTED BY HURRICANE ANDREW. 
(a) IN GENERAL.—^Notwithstanding any other provision of law, 
the Secretary of Defense may reimburse the persons described 
in subsection (b) for losses of real property owned by such persons 
that result from damage caused by Hurricane Andrew. 
(b) ELIGIBLE PERSONS.—^A person eligible for reimbursement 
under this section is any civilian employee of the Federal Govern-
ment or member of the uniformed services who— 
(1) was assigned to, or employed at or in connection with. 
Homestead Air Force Base, Florida, on or before August 24, 
1992; 
(2) incident to such assignment or employment, owned 
and occupied a one- or two-family dwelling, manufactured home, 
or condominium unit in the vicinity of Homestead Air Force 
Base; and 
(3) as a result of the eCTects of Hurricane Andrew, incurred 
damage to the dwelling, manufactured home, or condominium 
unit such that— 
(A) the dwelling, manufactured home, or condominium 
imit is imsalable (as determined by the Secretary); and 
(B) the proceeds, if any, of insurance for such damage 
are less than an amount equal to the greater of— 
(i) the fair market value of me dwelling, manufac-
tured home, or condominium wait on Aug^t 23, 1992 
(as determined by the Secretary); or 
(ii) the outstanding mortgage, if any, on the dwell-
ing, manufactured home, or condominium unit on that 
date. 
(c) REIMBURSEMENT AMOUNT.—^The amount of the reimburse-
ment which an eligible person may be paid for a loss of real 
property under this section shall be determined as follows: 
(1) In the case of an eUgible owner of a dwelling or con-
dominium unit, the amount shall be— 
(A) the amount equal to the greater of— 
(i) 85 percent of the fair market value of the dwell-
ing or condominium unit on August 23, 1992 (as deter-
mined by the Secretary), or 
(ii) the outstanding mortgage, if any, on the dwell-
ing or condominium unit on that date; minus 
(B) the proceeds, if any, of insurance referred to in 
subsection (bX3XB). 
(2) In the case of an ehgible owner of a manufactured 
home, the amount shall be— 
(A) if the owner also owns the real property underlying 
such home, the amount determined under paragraph (1); 
or 
(B) if the owner leases such imderlying property— 
(i) the amount determined under paragraph (1); 
plus 
(ii) the amoimt of rent payable under the lease 
of such property for the period beginning on August 
24, 1992, and ending on the date of the reimbursement 
under this section. 
(d) TRANSFER AND DISPOSAL OF PROPERTY.^AU owner receiving 
reimbursement under this section shall transfer to the Secretary 
all right, title, and interest of the owner in the real property 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2629 
for which the owner receives such reimbursement. The Secretary 
shall hold, manage, and dispose of such property in the same 
manner that the Secretary holds, manages, and disposes of real 
property under section 1013 of the Demonstration Cities and Metro-
politan Development Act of 1966 (42 U.S.C. 3374). 
(e) FUNDING.—(1) Notwithstanding subsection (d) of the Dem-
onstration Cities and MetropoUtan Development Act of 1966 (42 
U.S.C. 3374(d)), the Secretary shall make reimbursements under 
this section from the fund established by such subsection (d). 
(2) Notwithstanding subsection (i) of such Act, there is hereby 
authorized to be appropriated for the fund referred to in paragraph 
(1) such amounts as may be necessary to carry out the purposes 
of this section. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SE-
CURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 
SECURITY PROGRAMS 
Subtitle A—^National Security Programs Authorizations 
SEC. 3101. WEAPONS ACnvmES. 
(a) OPERATING EXPENSES.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1993 
for operating expenses incurred in carrying out weapons activities 
necessary for national security programs in the amount of 
$4,058,409,000, to be allocated as follows: 
(1) For research and development, $1,214,900,000. 
(2) For weapons testing, $375,000,000. 
(3) For production and surveillance, $2,142,600,000. 
(4) For program direction, $325,909,000. 
(b) PLANT PROJECTS.—^Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1993 for plant 
projects (including maintenance, restoration, planning, construction, 
acquisition, modification of facilities, and the continuation of 
projects authorized in prior years, and land acquisition related 
thereto) in canying out weapons activities necessary for national 
security programs as follows: 
Project GPD-101, general plant projects, various locations, 
$28,650,000. 
Project GPD-121, general plant projects, various locations, 
$27,350,000. 
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak 
Ridge, Tennessee, $2,700,000. 
Project 
93-D~123, 
complex-21, 
various 
locations, 
$26,000,000. 
Project 92-D-102, nuclear weapons research, development, 
and testing facihties revitalization, jPhase IV, various locations, 
$35,000,000. 
Project 92-D-122, health phvsics/environmental projects, 
RocW Flats Plant, Golden, Colorado, $5,300,000. 
Project 92-D-123, plant fire/security alarm systems 
replacement. Rocky Flats Plant, Golden, Colorado, $8,700,000. 
Project 92-D-126, replace emergency notification systems, 
various locations, $10,900,000. 
106 STAT. 2630 
PUBLIC LAW 102-484—OCT. 23, 1992 
Project 91-D-127, criticality alarm and production annun-
ciation utility replacement, Rocky Flats Plant, Golden, Colo-
rado, $6,300,000. 
Project 90-D-102, nuclear weapons research, development, 
and testing facilities revitalization, rhase III, various locations, 
$50,120,000. 
Project 90-D-126, environmental, safety, and health 
enhancements, various locations, $9,200,000. 
Project 88-D-104, safeguards and security upgrade. Phase 
II, Los Alamos National Laboratory, Los Alamos, New Mexico, 
$1,000,000. 
Project 88-D-106, nuclear weapons research, development, 
and testing facilities revitalization. Phase II, various locations, 
$34,400,000. 
Project 88-D-122, facilities capability assurance program, 
various locations, $87,100,000. 
Project 86-D-130, tritium loading facility replacement, 
Savannah River Plant, South Carolina, ^,865,000. 
Project 85-D-105, combined device assembly facility, 
Nevada Test Site, Nevada, $3,610,000. 
(c) CAPITAL EQUIPMENT.—^Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1993 
for capital equipment not related to construction in carrying out 
weapons activities necessary for national security programs in the 
amount of $230,845,000. 
(d) ADJUSTMENTS FOR SAVINGS.—^The total amount authorized 
to be appropriated pursuant to this section is the sum of the 
amounts specified in subsections (a) through (c) reduced by 
$128,200,000. 
SEC. 3102. NEW PRODUCTION REACTORS. 
(a) OPERATING EXPENSES.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1993 
for operating expenses mcurred in carrying out new production 
reactor activities necessary for national security programs in the 
amoimt of $184,028,000. 
(b) ADJUSTMENTS FOR SAVINGS.—The total amount authorized 
to be appropriated pursuant to this section is the amount specified 
in subsection (a) reduced by $150,000,000. 
SEC. 3103. ENVIRONMENTAL RESTORATION AND WASTE MANAGE-
MENT. 
(a) OPERATING EXPENSES.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1993 
for operating expenses incurred in carrying out environmental res-
toration and waste management activities necessary for national 
security programs in the amount of $4,098,452,000, to be allocated 
as follows: 
(1) For corrective activities—environment, $2,431,000. 
(2) For corrective activities—defense programs, $7,386,000. 
(3) For environmental restoration, $1,448,427,000. 
(4) For waste management, $2,252,037,000. 
(5) For technology development, $320,700,000. 
(6) For transportation management, $19,335,000. 
(7) For program direction, $48,136,000. 
(b) PLANT I^OJECTS.—^Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1993 for plant 
projects (including maintenance, restoration, planning, construction. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2631 
acquisition, modification of facilities, and the continuation of 
projects authorized in prior years, and land acquisition related 
thereto) to cany out environmental restoration and waste manage-
ment activities necessary for national security programs as follows: 
Project GPD-171, general plant projects, various locations, 
$83,285,000. 
Project 93-D-172, electrical upgrade, Idaho National 
Engineering Laboratory, Idaho, $1,000,000. 
Project 93-D-174, plant drain waste water treatment 
upgrades, Y-12 Plant, Oak Ridge, Tennessee, $1,800,000. 
Project 93-D-175, industrial waste compaction facility, Y-
12 Plant, Oak Ridge, Tennessee, $2,200,000. 
Project 93-D^176, Oak Ridge reservation storage facility, 
K-25 Plant, Oak Ridge, Tennessee, $4,000,000. 
Project 93-D-177, disposal of K-1515 sanitary water treat-
ment plant waste, K-125 Plant, Oak Ridge, Tennessee, 
$1,500,000. 
Project 93-D-178, building 374 liquid waste treatment 
facility. Rocky Flats Plant, Golden, Colorado, $2,700,000. 
Project 
93-D-180, 
environmental 
monitoring-RCRA 
f
roundwater monitoring installation, Richland, Washington, 
8,700,000. 
Project 93-D-181, radioactive liquid waste Hne replace-
ment, Richland, Washington, $350,000. 
Project 93-D-182, replacement of cross-site transfer sys-
tem, Richland, Washington, $4,495,000. 
Project 93-D-183, multi-tank waste storage facility, Rich-
land, Washington, $10,300,000. 
Project 93-D-184, 325 facility compliance/renovation, Rich-
land, Washington, $1,500,000. 
Project 93-D-185, landlord program safety compliance. 
Phase II, Richland, Washington, $849,000. 
Project 93-D-186, 200 area unsecured core area fabrication 
shop, Richland, Washington, $1,000,000. 
Project 93-D-187, high-level waste removal from filled 
waste tanks, Savannah River, South Carolina, $2,000,000. 
Project 93-D-188, new sanitary landfill. Savannah River, 
South Carolina, $2,000,000. 
Project 92-D-171, mixed waste receiving and storage facil-
ity, Los Alamos National Laboratory, Los Alamos, New Mexico, 
$3,000,000. 
Project 92-D-172, hazardous waste treatment and process-
ing facility, Pantex Plant, Amarillo, Texas, $1,900,000. 
Project 92-D-173, nitrogen oxide abatement facility, Idaho 
Chemical Processing Plant, Idaho National Engineering Labora-
tory, Idaho, $7,000,000. 
Project 92-D-177, tank 101-AZ waste retrieval system, 
Richland, Washington, $3,000,000. 
Project 92-D-180, inter-area line upgrade, Savannah River, 
South Carolina, $3,170,000. 
Project 92-D-181, fire and life safety improvements, Idaho 
National Engineering Laboratory, Idaho, $8,000,000. 
Project 92-D-182, sewer system upgrade, Idaho National 
Engineering Laboratory, Idaho, $3,700,000. 
Project 92-D-183, transportation complex, Idaho National 
Engineering Laboratory, Idaho, $5,860,000. 
106 STAT. 2632 
PUBLIC LAW 102-484—OCT. 23, 1992 
Project 92-D-184, Hanford infrastructure underground 
storage tanks, Richland, Washington, $3,700,000. 
Project 92-D-185, road, ground, and lighting safety 
improvements, 
300/1100 
areas, 
Richland, 
Washington, 
$6,500,000. 
Project 92-D-187, 300 area electrical distribution, conver-
sion, and safety improvements. Phase II, Richland, Washington, 
$1,724,000. 
Project 92-D-188, waste management ES&H, and compli-
ance activities, various locations, $1,000,000. 
Project 92-D-402, sanitary sewer system rehabilitation, 
Lawrence 
Livermore 
National 
Laboratory, 
California, 
$5,500,000. 
Project 92-D-403, tank upgrade project, Lawrence Liver-
more National Laboratory, California, $10,100,000. 
Project 91-EM-lOO, environmental and molecular sciences 
laboratory, Richland, Washington, $28,500,000. 
Project 91-D-171, waste receiving and processing facility, 
module 1, Richland, Washington, $21,800,000. 
Project 91-D-172, high-level waste tank farm replacement, 
Idaho Chemical Processing Plant, Idaho National Engineering 
Laboratory, Idaho, $57,530,000. 
Project 91-D-173, hazardous low-level waste processing 
tanks. Savannah River, South Carolina, $15,300,000. 
Project 91-D-175, 300 area electrical distribution, conver-
sion, and safety improvements. Phase I, Richland, Washington, 
$981,000. 
Project 90-D-103, environment, safety, and health 
improvements, various locations, Los Alamos National Labora-
tory, Los Alamos, New Mexico, $6,315,000. 
Project 90-D-174, deconttunination laimdry facility, Rich-
land, Washington, $7,442,000. 
Project 90-D-175, landlord program safety compliance-I, 
Richland, Washington, $4,753,000. 
Project 90-D-176, transuranic (TRU) waste facility. Savan-
nah River, South Carolina, $5,000,000. 
Project 90-D-177, RWMC transuranic (TRU) waste 
characterization and storage facility, Idaho National Engineer-
ing Laboratory, Idaho, $41,700,000. 
Project 89-D-122, production waste storage facilities, Y-
12 Plant, Oak Ridge, Tennessee, $4,200,000. 
Project 89-D-172, Hanford environmental compliance, 
Richland, Washington, $49,950,000. 
Project 89-D-173, tank farm ventilation upgrade, Richland, 
Washington, $7,000,000. 
Project 89-D-174, replacement high-level waste evapo-
rator. Savannah River, South CaroUna, $15,795,000. 
Project 89-D-175, hazardous waste/mixed waste disposal 
facility, Savannah River, South Carolina, $7,900,000. 
Project 88-D-173, Hanford waste vitrification plant, Rich-
land, Washington, $81,471,000. 
Project 87-D-181, diversion box and pimip pit containment 
buildings. Savannah River, South Carolina, $1,904,000. 
Project 87-D-180, burial ground expansion. Savannah 
River, South Carolina, $8,800,000. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2633 
Project 86-D-103, decontamination and waste treatment 
facility, Lawrence Livermore National Laboratory, California, 
$2,755,000. 
Project 
83-B-148, 
nonradioactive 
hazardous 
waste 
management. Savannah River, South Carolina, $10,330,000. 
Project 81-T-105, defense waste processing facility, Savan-
nah River, South Carolina, $32,600,000. 
(c) CAPITAL EQUIPMENT.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1993 
for capital equipment not related to construction in carrying out 
environmental restoration and waste management activities nec-
essary for national security programs in the amount of 
$153,198,000, to be allocated as follows: 
(1) For corrective activities—defense programs, $1,120,000. 
(2) For waste management, $132,749,000. 
(3) For technology development, $16,200,000. 
(4) For transportation management, $465,000. 
(5) For program direction, $2,664,000. 
(d) ADJUSTMENTS FOR SAVINGS.—The total amount authorized 
to be appropriated pursuant to this section is the sum of the 
amounts specified in subsections (a) through (c) reduced by 
$23,962,000 for program savings and facility transition expenses. 
(e) USE OF FUNDS.—^From fimds authorized to be appropriated 
pursuant to subsection (a) to the Department of Energy for environ-
mental restoration and waste management activities, the Secretary 
of Energy may reimburse the cities of Westminster, Broomfield, 
Thornton, and Northglenn, in the State of Colorado, $40,000,000 
for the cost of implementing water management programs. 
Reimbursements for the water management programs shall not 
be considered a major Federal action for purposes of 102(2) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). 
SEC. 
3104. 
NUCLEAR 
MATERIALS 
PRODUCTION 
AND 
OTHER 
DEFENSE 
PROGRAMS. 
(a) OPERATING EXPENSES.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1993 
for operating expenses incurred in carrying out nuclear materials 
production and other defense programs necessary for national secu-
rity programs in the amount of $2,617,256,0()0, to be allocated 
as follows: 
(1) For nuclear materials production, $1,418,875,000. 
(2) For verification and control technology, $301,215,000. 
(3) For nuclear safeguards and security, $86,837,000. 
(4) For security investigations, $58,289,000. 
(5) For security evaluations, $15,150,0()0. 
(6) For nuclear safety, $25,490,000. 
i 
(7) For naval reactors, $711,400,000. 
(b) PLANT PROJECTS.—Funds are hereby authorized to be appro- 
, 
priated to the Department of Energy for fiscal year 1993 for plant 
projects (including maintenance, restoration, planning, construction, 
acquisition, modification of facilities, and the continuation of 
projects authorized in prior years, and land acquisition related 
/ 
thereto) in canying out nuclear materials production and other 
defense programs necessary for national seciuity programs as 
follows: 
(1) For materials production: 
106 STAT. 2634 
PUBLIC LAW 102-484—OCT. 23, 1992 
Project GPD-146, general plant projects, various loca-
tions, $32,260,000. 
Project 93-D-147, domestic water system upgrade. 
Phase I, Savannah River, South Carolina, $1,000,000. 
Project 93-D-148, replace high-level drain lines. 
Savannah River, South Carolina, $800,000. 
Project 93-D-152, environmental modification for 
production facilities. Savannah River, South Carolina, 
$2,000,000. 
Project 93-D-153, uranium recovery hydrogen fluoride 
system upgrade, Y-12 Plant, Oak Ridge, Tennessee, 
$2,400,000. 
Project 92-D-140, F&H canyon exhaust upgrades. 
Savannah River, South Carolina, $12,500,000. 
Project 92-D-141, reactor seismic improvement. 
Savannah River, South Carolina, $5,000,000. 
Project 92-D-142, nuclear material processing training 
center. Savannah River, South Carolina, $11,700,000. 
Project 92-D-143, health protection instrument 
calibration facility, Savannah River, South Carolina, 
$8,000,000. 
Project 92-D-150, operations support facilities. Savan-
nah River, South Carolina, $4,100,000. 
Project 92-D-153, engineering support faciUty, Savan-
nah River, South Carolina, $3,500,000. 
Project 90-D-141, Idaho Chemical Processing Plant 
fire protection, Idaho National Engineering Laboratory, 
Idaho, $1,553,000. 
Project 90-D-149, plantwide fire protection. Phases 
I and II, Savannah River, South Carolina, $39,685,000. 
Project 90-D-150, reactor safety assurance. Phases I, 
II, and III, Savannah River, South Carolina, $4,210,000. 
Project 89-D-140, additional separations safeguards. 
Savannah River, South Carolina, $13,104,000. 
Project 89-D-148, improved reactor confinement sys-
tem. Savannah River, South Carolina, $4,240,000. 
Project 86-D-149, productivity retention program, 
Phases I, II, III, IV, V, and VI, various locations, 
$11,651,000. 
Project 86-D-152, reactor electrical distribution sys-
tem. Savannah River, South Carolina, $5,647,000. 
Project 85-D-145, fuel production facility. Savannah 
River Site, South Carolina, $17,000,000. 
(2) For verification and control technology: 
Project 90-D-186, center for national security and 
arms control, Sandia National Laboratories, Albuquerque, 
New Mexico, $10,000,000. 
(3) For nuclear safeguards and security: 
Project GPD-186, general plant projects. Central 
Training Academy, Albuquerque, New Mexico, $2,000,000. 
(4) For naval reactors development: 
Project GPN-101, general plant projects, various loca-
tions, $8,500,000. 
Project 93-D-200, engineering services facilities. 
Knolls Atomic Power Laboratory, Niskayuna, New York, 
$2,200,000. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2635 
Project 92-D-200, laboratories facilities upgrades, var-
ious locations, $7,500,000. 
Project 90-N-102, expended core facility dry cell 
project, Naval Reactors FacUity, Idaho, $13,600,000. 
Project 90-N-103, advanced test reactor off-gas treat-
ment system, Idaho National Engineering Laboratory, 
Idaho, $500,000. 
Project 90-N-104, facilities renovation. Knolls Atomic 
Power Laboratory, Niskajruna, New York, $2,900,000. 
(c) CAPITAL EQUIPMENT.—^Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1993 
for capital equipment not related to construction in canying out 
nuclear materisus production and other defense programs necessary 
for national security programs as follows: 
(1) For nuclear materials production, $80,900,000. 
(2) For verification and control technology, $16,500,000. 
(3) For nuclear safeguards and security, $5,327,000. 
(4) For nuclear safety, $50,000. 
(5) For naval reactors development, $60,400,000. 
(d) ADJUSTMENTS.—^^rhe total amount that may be appropriated 
1 
pursuant to this section is tlie sum of tiie amounts specuied in 
' 
subsections (a) through (c)— 
(1) reduced by— 
(A) $400,000,000 for recovery of overpayment to the 
Savannah River Pension Fund; 
(B) $45,000,000 for anticipated savings; and 
(C) $31,082,000 for use of prior-year balances; and 
(2) increased by $22,400,000 for eaucation programs. 
SEC. 3106. FUNDING USES AND LIMITATIONS. 
(a) I
N
E
R
T
I
A
L CONFINEMENT FUSION.—Of the fimds authorized 
to be appropriated to the Department of Energy for fiscal year 
1993 for operating expenses and capital equipment, $212,300,000 
shall be available for the defense inertial confinement fiision pro-
gram. 
(b) FIRE PROTECTION AND COOLING OR REFRIGERATION SYS-
TEMS.—^None of the fimds appropriated or otherwise made available 
to the Department of Energy for fiscal year 1993 may be obligated 
for the design, purchase, or installation of any fire protection system 
or cooling or refrigeration 
system that utilizes 
class I 
chlorofluorocarbons (as hsted under section 602(a) of the Clean 
Air Act (42 U.S.C. 7671a(a))) unless the Secretary of Energy deter-
mines that an alternative system meeting the operational require-
ments of the Department of Energy is not commercially available 
or is not cost-effective when analyzed under a life-cycle cost analysis. 
(c) RECONFIGURATION OF NONNUCLEAR ACTIVITIES.—(1) None 
of the fimds appropriated or otherwise made available to the Depart-
ment of Energy may be obligated for the implementation oi the 
reconfiguration of any nonnuclear activities of the Department of 
Energy until— 
(A) the Secretary of Energy submits a report to the congres-
sional defense committees mat contains an analysis of the 
projected life-cycle costs and benefits of the proposed nonnuclear 
reconfiguration and an analysis— 
(i) of the alternatives to the current configiuration of 
nonnuclear activities of the Department of Energy identi-
fied in any environmental documentation prepared pursu-
106 STAT. 2636 
PUBLIC LAW 102-484—OCT. 23, 1992 
ant to the National Environmentcd Policy Act of 1969 (42 
U.S.C. 4321); and 
(ii) that takes into account all relevant costs and bene-
fits and includes a discounted cash flow analysis of eadi 
alternative; 
(B) the Secretary certifies to the congressional defense 
committees that the dLscounted cash flow anidysis demonstrates 
that the closure of each Department of Energy nonnuclear 
defense facility or activity identified for closure and each trans-
fer of a nonnuclear activity pursuant to the proposed nonnuclear 
reconfiguration is cost eff(^ive; 
(C) in the case of components for which the production 
is proposed to be moved to a government-owned, contractor-
operated facility firom a contractor-owned, contractor-operated 
faciUty because of nonnuclear reconfiguration and that have 
been produced in a contractor-owned, contractor-operated facil-
ity after January 1,1989, the Secretary certifies to the congres-
sional defense committees that such production is cost-effective 
on a component-by-component basis; 
(D) the Secretary certifies to the congressional defense 
committees that the reconfiguration of nonnuclear activities 
of the Department of Energy will not increase technological, 
environmental, safety, or health risks relating to the operation 
of the facilities of the Department; and 
(E) 90 days have elapsed afl^er the later of— 
(i) the date of the submittal of the report under 
subparagraph (A); and 
(ii) the date of the certification under subparagraph 
(B). 
(2) This subsection may not be construed to prohibit the obliga-
tion of fiinds for the purpose of conducting any study or analysis 
that the Secretary determines necessary for assessing the cost-
effectiveness, practicability, or feasibility of reconfiguring the activi-
ties of the Department of Energy to nonnuclear purposes. 
(d) NUCLEAR PRODUCTION REACTORS.—Funds authorized to be 
appropriated under section 3102 for fiscal year 1993 and otherwise 
made available to the Secretary of Energy for such fiscal year 
for the new production reactors program shall be available only 
for the following purposes and in the following amounte: 
(1) For close-out of the new production reactors program 
(including completion of documentetion and test programs 
underway as of October 1,1992), $136,028,000. 
(2) For evaluation of an advanced light water reactor and 
a modular h i ^ temperature gas reactor to determine the fea-
sibility and effectiveness of disposing of plutonium. production 
of tritium (if needed), and production of electricity, $30,000,000. 
(3) For research on accelerator production of tritium, 
$18,000,000. 
Subtitle B—^Recurring General Provisions 
SEC. aiSl. KEPROGRAMHING. 
(a) NOTICE TO CONGRESS.—(1) Except as otherwise provided 
in this title— 
(A) no amount appropriated pursuant to this title may 
be used for any program in excess of the lesser of— 
(i) 105 percent of the amount authorized for that pro-
gram by this title; or 
/ 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2637 
(ii) $10,000,000 more than the amount authorized for 
that program by this title; and 
(B) no amount appropriated pursuant to this title may 
be used for any program which has not been presented to, 
or requested of, the Congress. 
(2) An action described in paragraph (1) may not be taken 
imtil— 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report containing a full and com-
plete statement of the action proposed to be taken and the 
facts and circumstances relied upon in support of such proposed 
action; and 
(B) a period of 30 davs has elapsed after the date on 
which the report is received by the committees. 
(3) In the computation of the 30-day period under paragraph 
(2), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 calendar days to a day certain. 
(b) LIMITATION ON AMOUNT OBLIGATED.—In no event may the 
total amount of funds obligated pursuant to this title exceed the 
total amount authorized to he appropriated by this title. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS. 
(a) IN GENERAL.—^The Secretary of Energy may carry out any 
construction project under the general plant projects provisions 
authorized by this title if the total estimated cost of the construction 
project does not exceed $1,200,000. 
(b) REPORT TO CONGRESS.—If, at any time during the construc-
tion of any general plant project authorized by this title, the esti-
mated cost of the project is revised because of unforeseen cost 
variations and the revised cost of the project exceeds $1,200,000, 
the Secretary shall immediately furnish a complete report to the 
congressional defense committees explaining the reasons for the 
cost variation. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. 
(a) IN GENERAL.—(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above 
the total estimated cost, whenever the current estimated cost of 
the construction project, which is authorized by sections 3101, 3102, 
3103, and 3104, or which is in support of national security programs 
of the Department of Energy and was authorized by any previous 
Act, exceeds by more than 25 percent the higher o
f
— 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the 
project as shown in the most recent budget justification 
data submitted to Congress. 
(2) An action described in paragraph (1) may be taken 
i
f
— 
(A) the Secretary of Energy has submitted to the 
congressional defense committees a report on the actions 
and the circumstances making such actions necessary; and 
(B) a period of 30 days has elapsed after the date 
on which the report is received by the committees. 
(3) In the computation of the 30-day period under para-
graph (2), there shall be excluded any day on which either 
106 STAT. 2638 
PUBLIC LAW 102-484—OCT. 23, 1992 
House of Congress is not in session because of an acyoumment 
of more than 3 calendar days to a day certain, 
(b) EXCEPTION.—Subsection (a) shall not apply to any construc-
tion project which has a current estimated cost of less than 
$5,000,000. 
SEC. 3124. FUND TRANSFER AUTHORITY. 
Funds appropriated pursuant to this title may be transferred 
to other agencies of Government for the performance of the work 
for which the funds were appropriated, and funds so transferred 
may be merged with the appropriations of the agency to which 
the funds are transferred. 
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN. 
(a) IN GENERAL.— 
(1) Within the amounts authorized by this title for plant 
engineering and design, the Secretary of Energy may carry 
out advance planning and construction design (including 
architectural and engineering services) in connection with any 
proposed construction project if the total estimated cost for 
such planning and design does not exceed $2,000,000. 
(2) In the case of any project in which the total estimated 
cost for advance planning and design exceeds $300,000, the 
Secretary shall notify the congressional defense committees 
in writing of the details of such project at least 30 days before 
any funds are obligated for design services for such project. 
(b) SPECIFIC AUTHORITY REQUIRED.—In any case in which the 
total estimated cost for advance planning and construction design 
in connection vdth any construction project exceeds $2,000,000, 
funds for such planning and design must be specifically authorized 
by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—^The Secretary of Energy may use any funds 
available to the Department of Energy, including those funds 
authorized to be appropriated for advance planning and construction 
design under sections 3101, 3102, 3103, 3104, to perform planning, 
design, and construction activities for any Department of Energy 
defense activity construction project that, as determined by the 
Secretary, must proceed expeditiously in order to protect public 
health and safety, meet the needs of national defense, or protect 
property. 
(b) LIMITATION.—^The Secretary may not exercise the authority 
imder subsection (a) in the case of any construction project imtil 
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry 
out under this section and the circumstances malang such activities 
necessary. 
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b) 
does not apply to emergency planning, design, and construction 
activities conducted under this section. 
(d) REPORT.—^The Secretary of Energy shall promptly report 
to the congressional defense committees any exercise of authority 
under this section. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2639 
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY. 
Subject to the provisions of appropriation Acts and section 
3121, amounts appropriated pursuant to this title for management 
and support activities and for general plant projects are available 
for use, when necessary, in connection with all national security 
programs of the Department of Energy. 
SEC. 3128. AVAILABILITY OF FUNDS. 
When so specified in an appropriation Act, amounts appro-
priated for operating expenses, plant projects, and capital equip-
ment may remain available until expended. 
Subtitle C-Other Matters 
SEC. 3131. USE OF FUNDS FOR PAYMENT OF PENALTY ASSESSED 
AGAINST 
FERNALD 
ENVIRONMENTAL 
MANAGEMENT 
PROJECT. 
The Secretary of Energy may pay to the Environmental Protec-
tion Agency, from funds appropriated to the Department of Energy 
for environmental restoration and waste management activities 
pursuant to section 3103, a stipulated civil penalty in the amount 
of $100,000 assessed under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) against the Femald Environmental Management Project. 
SEC. 3132. REPORT ON DEPARTMENT OF ENERGY CITIZEN ADVISORY 
GROUPS. 
(a) REPORT.—^Not later than May 15, 1993, the Secretary of 
Energy shall submit to the Congress a report on the role and 
effectiveness of citizen advisory groups for the Department of 
Energy. The report shall include an assessment of— 
(1) the effectiveness of existing advisory groups that advise 
the Department of Energy; 
(2) the desirability of establishing new or replacement 
advisory groups with respect to the Department of Energy; 
and 
(3) methods of improving public psirticipation in environ-
mental and waste management activities of the Department 
of Energy. 
(b) 
COMMENTS AND RECOMMENDATIONS.—In preparing 
the 
report required under subsection (a), the Secretary of Energy shall 
solicit comments and recommendations from existing advisory 
groups that advise the Department of Energy, the general public, 
environmental organizations, and appropriate offici£US of States in 
which Department of Energy facilities are located. The Secretary 
shall include such comments and recommendations in the report. 
SEC. 3133. NUCLEAR WEAPONS COUNCIL MEMBERSHIP. 
Section 179(aXl) of title 10, United States Code, is amended 
to read as follows: 
"(1) The Under Secretary of Defense for Acquisition.". 
SEC. 3134. REPORTS 
ON THE DEVELOPMENT 
OF NEW 
TRITIUM 
PRODUCTION CAPACITY. 
(a) REPORT BY THE SECRETARY OF ENERGY.—(1) The Secretary 
of Energy shall annually submit to the congressional defense 
106 STAT. 2640 
PUBLIC LAW 102-484—OCT. 23, 1992 
committees a report on the new tritium production capacity of 
the Department of Energy. 
(2) The annual report shall include the following: 
(A) An estimate of the date by which new production reactor 
capacity will be necessary in order to maintain the active 
and any reserve stockpile of nuclear weapons of the United 
States. 
(B) An estimate of the date on which construction of such 
capacity should begin in order to maintain the active and 
any reserve stockpile. 
(C) An assessment of the technical adequacy of the methods 
available for the production of tritium, including an assessment 
of the risk that each method may fail to produce tritium on 
a reliable basis within the perioa necessaiy for meeting the 
requirements of the United States. 
(D) An assessment of the capability of the potential indus-
trial suppliers of new tritium production capacity, including 
reactors, to design and construct such capacity by the date 
estimated pursuant to subparagraph (A). 
(3) The Secretary shall submit the annual report in 1993 and 
each year thereafter until the construction of the new tritiimi 
production capacity is completed. The Secretary shall submit the 
report not later than 60 days after the date on which the President 
suomits the bu(^et to Congress under section 1105 of title 31, 
United States Code. The report shall be submitted in unclassified 
form with a classified appendix if necessary. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the technology chosen for new tritium production capacity shall 
be the technology that has the highest probability of successfully 
sustaining operation, the lowest risk of operational failure, and 
the lowest cost of construction and operation (including any reve-
nues accruing to the United States from such operation). 
SEC. 3135. TECHNOLOGY TRANSFER. 
(a) 
EXPEDITED 
REVIEW 
OF 
AGREEMENTS 
WITH 
SMALL 
BUSINESSES.—Section 12(cX5) of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a(cX5)) is amended— 
(1) in subparagraph (CXi), by striking out "Any agency" 
and inserting in lieu thereof "Except as provided in suBpara-
graph (D), any agency"; and 
(2) by adding at the end the following new subparagraph: 
"(DXi) Any non-Federal entity that operates a laboratory pursu-
ant to a contract with a Federal agency shall submit to the agency 
any cooperative research and development agreement that the 
entity proposes to enter into with a small business firm and the 
joint work statement required witli respect to that agreement. 
"(ii) A Federal agency that receives a proposed agreement and 
joint work statement imder clause (i) shall review and approve, 
request spedfic modifications to, or disapprove the proposed agree-
ment and joint work statement within 30 days after such submis-
sion. No agreement may be entered into by a Government-owned, 
contractor-operated laboratory imder this section before both 
approval of the agreement and approval of a joint work statement 
under this clause. 
"(iii) In any case in which an agency which has contracted 
with an entity referred to in clause (i) disapproves or requests 
the modification of a cooperative research and development agree-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2641 
ment or joint work statement submitted under that clause, the 
agency shall transmit a written explanation of such disapproval 
or modification to the head of the laboratory concerned.". 
(b) TECHNOLOGY TRANSFER TO SMALL BUSINESSES.—(1) The 42USC726ib. 
Secretary of Energy shall establish a program to facilitate and 
encourage the transfer of technology to small businesses and shall 
issue guidelines relating to the program not later than May 1, 
1993. 
(2) For the purposes of this subsection, the term "small busi-
ness" means a ousiness concern that meets the applicable size 
standards prescribed pursuant to section 3(a) of the Small Business 
Act (15 U.S.C. 632(a)). 
(c) FUNDING.—^Funds authorized to be appropriated to the 
Department of Energy and made available for laboratory directed 
research and development shall be available for cooperative research 
and development agreements or other arrangements for technology 
transfer. 
SEC. 3136. EXPANSION OF AUTHORnY TO LOAN PERSONNEL AND 
FACniTIES. 
(a) AUTHORITY TO LOAN PERSONNEL.—Subsection (aXD of sec-
tion 1434 of the National Defense Authorization Act, Fiscal Year 
1989 (Public Law 100-456; 102 Stat. 2074) is amended— 
(1) by inserting "(A)" after «(1)"; 
(2) in the first sentence, by striking out "or construction 
management at the Hanford Reservation, Washington," and 
all that follows through the period, and inserting in lieu thereof 
the following: "or construction management— 
"(i) at the Hanford Reservation, Washington, to loan 
personnel in accordance with this section to the community 
development organization known as the Tri-City Industrial 
Development Council serving Benton and Franklin Counties, 
Washington; and 
"(ii) at the Idaho National Engineering Laboratory, Idaho, 
to loan personnel in accordance witn this section to any commu-
nity-based organization."; and 
(3) by striking out the second sentence and inserting in 
lieu thereof the following: 
"(B) Any loan imder subparagraph (A) shall be for the purpose 
of assisting in the diversification of the local economy by reducing 
reliance by local communities on national security programs at 
the Hanford Reservation and the Idaho National Engineering Lab-
oratory.". 
(b) FUNDING.—Subsection (aX3) of such section is amended 
by inserting after the first sentence the following: "In fiscal year 
1993, the Secretary of Energy may not obligate or expend for 
loans of personnel under this section more than $125,000 with 
respect to the Hanford Reservation. In each of fiscal years 1993 
and 1994, the Secretary of Energy may not obligate or expend 
for loans of personnel under this section more than $250,000 with 
respect to the Idaho National Engineering Laboratory.". 
(c) AUTHORITY TO LOAN FACILITIES.—Subsection (b) of such 
section is amended by inserting "or the Idaho National Engineering 
Laboratory, Idaho," aft«r "Hanford Reservation, Washington,". 
(d) DURATION OF PROGRAM.—Subsection (c) of such section is 
amended by striking out "September 30, 1992" and inserting in 
lieu thereof "September 30, 1993, with respect to the Hanford 
106 STAT. 2642 
PUBLIC LAW 102-484—OCT. 23, 1992 
Reservation, and September 30, 1994, with respect to the Idaho 
National Engineering Laborator/*. 
SEC. 3137. STUDY OF CONVERSION OF NEVADA TEST SITE FOR USE 
FOR SOLAR ENERGY PRODUCTION PURPOSES. 
(a) REQUIREMENT.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Energy, in consultation 
with the Secretary of Defense and the Administrator of the Environ-
mental Protection Agency, shall carry out and submit to Congress 
a study on the utilization of the Nevada Test Site, Nevada, or 
portions thereof, for the development o
f
— 
(1) solar energy research and production technologies; 
(2) environmental technologies research and testing; and 
(3) emergency management and response technology. 
(b) STUDY ELEMENTS.—In carrying out the study under sub-
section (a), the Secretary of Energy shall consider the following: 
(1) The potential of the Nevada Test Site for solar energy 
production m>m a variety of solar energy production tech-
nologies, including technologies for the production of thermal 
energy and photovoltaic energy. 
(2) The costs and benefits of the use of the site for develop-
ment of the technologies. 
(3) The effect of the development of the Nevada Test Site 
on the economy and employment rates in the region in which 
the Nevada Test Site is located. 
(4) The effectiveness of plans for retraining current employ-
ees at the Nevada Test Site for employment in technologies 
addressed by the study. 
(5) The effect of the development of the various technologies 
at the Nevada Test Site on the manufacturing and export 
economy of the United States. 
(6) The extent to which the development of technologies 
at the Nevada Test Site is compatible with current and proposed 
alternative uses of the Site, including the compatibility of such 
development with environmental restoration and other clean-
up activities at the Site and with continuing use of the Site 
for limited nuclear testing. 
(7) The extent to which the conduct of such activities at 
the Nevada Test Site would duplicate the conduct of activities 
undert£dcen at other Federal facilities. 
(8) The extent to which alternative uses of the Site would 
be consistent with projected and potential national security 
uses, including nuclear explosives testing of the Site. 
(9) The extent to which conversion and development of 
the Site as a commercial facility is practicable and feasible. 
Subtitle D—^International Fissile Material and Warhead 
Control 
SEC. 3151. NEGOTIATIONS. 
(a) IN GENERAL.—^The Congress urges the President to enter 
into negotiations with member states of the Commonwealth of 
Independent States, to complement ongoing and future arms reduc-
tion negotiations and agreements, with the goal of achieving verifi-
able agreements in the following areas: 
(1) Dismantlement of nuclear weapons. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2643 
(2) The safeguard and permanent disposal of nuclear mate-
rials. 
(3) An end by the United States and member states of 
the Commonwealth of Independent States to the production 
of plutonium and highly enriched uraniimi for nuclear weapons. 
(4) The extension of negotiations on these issues to all 
nations capable of producing nuclear weapons materials. 
(b) EXCHANGES OF iNFORMATiON.^The Congress urges the 
President, in order to establish a data base on production capabili-
ties of member states of the Commonwealth of Independent States 
and their stockpiles of fissile materials and nuclear weapons, to 
seek to achieve agreements with such stetes to reciprocally release 
information on— 
(1) United Stetes and the member stetes nuclear weapons 
stockpiles, including the nimiber of warheads and bombs by 
type, and schedules for weapons production and dismantlement; 
(2) the location, mission, and maximum annual production 
capacity of United Stetes and member stetes facilities that 
are essential to the production of tritium for replenishment 
of that nation's tritium stockpile; 
(3) the inventory of United Stetes and member stetes facili-
ties dedicated to the production of plutonium and highly 
enriched uranium for weapons purposes; and 
(4) United Stetes and members stetes stockpiles of pluto-
nium and highly enriched uranium used for nuclear weapons. 
(c) TECHNICAL WORKING GROUPS.—The Congress urges the 
President, in order to facilitete the achievement of agreemente 
referred to in subsection (a), to esteblish with member stetes of 
the Commonwealth of Independent Stetes and with other nations 
capable of producing nuclear weapons material bilateral or multilat-
eral technical working groups to examine and demonstrate coopera-
tive technical monitoring and inspection arrangements that could 
be applied to the verification o
f
— 
(1) information on mission, location, and maximum annual 
production capacity of nuclear material production facilities 
and the size of stockpiles of plutonium and highly enriched 
uraniimi; 
(2) nuclear arms reduction agreemente that would include 
provisions requiring the verifiable dismantlement of nuclear 
warheads; and 
(3) bilateral or multilateral agreemente to halt the produc-
tion of plutonium and highly enriched uranium for nuclear 
weapons. 
(d) REPORT.—The President shall submit to the Congress, not President, 
later than March 31, 1993, a report on the progress made by 
the President in implementing the actions called for in subsections 
(a) through (c). 
(e) PRODUCTION BY COMMONWEALTH OF INDEPENDENT STATES.— 
The Congress urges the Presidents of the member stetes of the 
Commonwealth of Independent Stetes— 
(1) to institute a moratorium on production of plutonium 
and highly enriched uranium for nuclear weapons; and 
(2) to pledge to continue such moratorium for so long as 
the United States does not produce such materials. 
106 STAT. 2644 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 3152. AUTHORITY TO RELEASE CERTAIN RESTRICTED DATA. 
Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162) 
is amended by adding at the end the following new subsection: 
"f. Notwithstanding any other law, the President may publicly 
release Restricted Data regarding the nuclear weapons stockpile 
of the United States if the United States and member states of 
the Commonwealth of Independent States reach reciprocal agree-
ment on the release of such aata.". 
SEC. 3163. DEVELOPMENT AND DEMONSTRATION PROGRAM. 
(a) PROGRAM.—Of funds authorized to be appropriated in sec-
tion 3104 for fiscal year 1993 for verification and control activities, 
$10,000,000 shall be available only to carry out a program— 
(1) to develop and demonstrate a means for verifiable dis-
mantlement of nuclear warheads; 
(2) to safeguard and dispose of nuclear materials; and 
(3) to develop reliable techniques and procedures for verify-
ing a global ban on the production of fissile materials for 
weapons purposes. 
(b) REPORT.—^The Secretary shall include a report on such pro-
gram in budget justification documents submitted to Congress in 
support of the budget of the Department of Energy for fiscal year 
1994. The report shall be submitted in both classified and unclassi-
fied form. 
SEC. 3154. PRODUCTION OF TRITIUM. 
Nothing in this part may be construed as intending to afiect 
the production of tritium. 
Subtitle E—^Defense Nuclear Workers 
42 use 7274h. 
SEC. 3161. DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITIES 
WORK FORCE RESTRUCTURING PLAN. 
(a) IN GENERAL.—Upon determination that a change in the 
workforce at a defense nuclear facility is necessary, the Secretary 
of Energy (hereinafter in this subtitle referred to as the "Secretarjr") 
shall develop a plan for restructuring the work force for the defense 
nuclear facility that takes into account— 
(1) the reconfiguration of the defense nuclear facility; and 
(2) the plan for the nuclear weapons stockpile that is the 
most recently prepared plan at the time of the development 
of the plan referred to in this subsection. 
(b) CONSULTATION.—(1) In developing a plan referred to in 
subsection (a) and any updates of the plan under subsection (e), 
the Secretary shall consult with the Secretary of Labor, appropriate 
representatives of local and national collective-bargaining units of 
individuals employed at Department of Energy defense nuclear 
facilities, appropriate representatives of departments and agencies 
of State and local governments, appropriate representatives of State 
and local institutions of higher education, and appropriate rep-
resentatives of community groups in communities affected by the 
restructuring plan. 
(2) The Secretary shall determine appropriate representatives 
of the units, governments, institutions, and groups referred to in 
paragraph (1). 
(c) OBJECTIVES.—In preparing the plan required under sub-
section (a), the Secretary shall be guided by the following objectives: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2645 
(1) Changes in the work force at a Department of Energy 
defense nuclear facility— 
(A) should be accomplished so as to minimize social 
and economic impacts; 
(B) should be made only after the provision of notice 
of such changes not later than 120 days before the 
commencement of such changes to such employees and 
the communities in which such facilities are located; and 
(C) should be accomplished, when possible, through 
the use of retraining, early retirement, attrition, and other 
options that minimize layoffs. 
(2) Employees whose employment in positions at such facili-
ties is terminated shall, to the extent practicable, receive pref-
erence in any hiring of the Department of Energy (consistent 
with applicable employment seniority plans or practices of the 
Department of Energy and with section 3152 of the National 
Defense Authorization Act for Fisccd Years 1990 and 1991 
(Public Law 101-189; 103 Stat. 1682)). 
(3) Employees shall, to the extent practicable, be retrained 
for work in environmental restoration and waste management 
activities at such facilities or other facilities of the Department 
of Energy. 
(4) The Department of Energy should provide relocation 
assistance to employees who are transferred to other Depart-
ment of Energy facilities as a result of the plan. 
(5) The Department of Energy should assist terminated 
employees in obtaining appropriate retraining, education, and 
reemployment assistance (including employment placement 
assistance). 
(6) The Department of Energy should provide local impact 
assistance to communities that are affected by the restructuring 
plan and coordinate the provision of such assistance with— 
(A) programs carried out by the Department of Labor 
pursuant to the Job Training Partnership Act (29 U.S.C. 
1501 et seq.); 
(B) programs carried out pursuant to the Defense Eco-
nomic Adjustment, Diversification, Conversion, and Sta-
bilization Act of 1990 (Part D of Public Law 101-510; 
10 U.S.C. 2391 note); and 
(C) programs carried out by the Department of Com-
merce pursuant to title D
C of the Public Works and Eco-
nomic Development Act of 1965 (42 U.S.C. 3241 et seq.). 
(d) IMPLEMENTATION.—The Secretary shall, subject to the avail-
ability of appropriations for such purpose, work on an ongoing 
basis with representatives of the Department of Labor, work force 
bargaining units, and States and local communities in carrying 
out a plan required under subsection (a). 
(e) PLAN UPDATES,—Not later than one year after issuing a 
plan referred to in subsection (a) and on an annual basis thereaftier, 
the Secretary shall issue an update of the plan. Each updated 
plan under this subsection shall— 
(1) be guided by the objectives referred to in subsection 
(c), taking into account any changes in the function or mission 
of the Department of Energy defense nuclear facilities and 
any other changes in circumstances that the Secretary deter-
mines to be relevant; 
106 STAT. 2646 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) contain an evaluation by the Secretary of the 
implementation of the plan during the year preceding the 
report; and 
(3) contain such other information and provide for such 
other matters as the Secretary determines to be relevant. 
(f) SUBMITTAL TO CONGRESS.—(1) The Secretary shall submit 
to Congress a plan referred to in subsection (a) with respect to 
a defense nuclear facility within 90 days after the date on which 
a notice of changes described in subsection (cXl)(B) is provided 
to employees of the facility, or 90 days after the date of the enact-
ment of this Act, whichever is later. 
(2) The Secretary shall submit to Congress any updates of 
the plan under subsection (e) immediately upon completion of any 
such update. 
42 use 72741. 
SEC. 3162. PROGRAM TO MONITOR DEPARTMENT OF ENERGY WORK-
ERS EXPOSED TO HAZARDOUS AND RADIOACTIVE SUB-
STANCES. 
(a) IN GENERAL.—^The Secretary shall establish and carry out 
a program for the identification and on-going medical evaluation 
of current and former Department of Energy employees who are 
subject to significant health risks as a result of the exposure of 
such employees to hazardous or radioactive substances during such 
employment. 
Regulations. 
(b) IMPLEMENTATION OF PROGRAM.—(1) The Secretary shall, 
with the concurrence of the Secretary of Health and Human Serv-
ices, issue regulations under which the Secretary shall implement 
the program. Such regulations shall, to the extent practicable, pro-
vide for a process to— 
(A) identify the hazardous substances and radioactive sub-
stances to which current and former Department of Energy 
employees may have been exposed as a result of such employ-
ment; 
(B) identify employees referred to in subparagraph (A) who 
received a level of exposure identified under paragraph (2)(B); 
(C) determine the appropriate number, scope, and fre-
quency of medical evaluations and laboratory tests to be pro-
vided to employees who have received a level of exposure 
identified under paragraph (2)(B) to permit the Secretary to 
evaluate fully the extent, nature, and medical consequences 
of such exposure; 
/ 
(D) make available the evaluations and tests referred to 
in subparagraph (C) to the employees referred to in such 
subparagraph; 
(E) ensure that privacy is maintained with respect to medi-
cal information that personally identifies any such employee; 
and 
(F) ensure that employee participation in the program is 
voluntary. 
(2XA) In determining the most appropriate means of canying 
out the activities referred to in subparagraphs (A) through (D) 
of paragraph (1), the Secretary shall consult with the Secretary 
of Health and Human Services under the agreement referred to 
in subsection (c). 
(B) The Secretary of Health and Human Services, with the 
assistance of the Director of the Centers for Disease Control and 
the Director of the National Institute for Occupational Safety and 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2647 
Health, and the Secretary of Labor shall identify the levels of 
exposure to the substances referred to in subparagraph (A) of para-
graph (1) that present employees referred to in such subparagraph 
with significant health risks under Federal and State occupational, 
health, and safety standards; 
(3) In prescribing the guidelines referred to in paragraph (1), 
the Secretary shall consult with representatives of the following 
entities: 
(A) The American College of Occupational and Environ-
mental Medicine. 
(B) The National Academy of Sciences. 
(C) The National Council on Radiation Protection. 
(D) Any labor organization or other collective bargaining 
agent authorized to act on the behalf of employees of a Depart-
ment of Energy defense nuclear facility. 
(4) The Secretary shall provide for each employee identified 
under paragraph (IXD) and provided with any medical examination 
or test under paragraph (IXE) to be notified by the appropriate 
medical personnel of the identification and the results oi any such 
examination or test. Each notification under this paragraph shall 
be provided in a form that is readily understandable by the 
employee. 
(5) The Secretary shall collect and assemble information relat-
ing to the examinations and tests carried out under paragraph 
(IXE). 
(6) The Secretary shall commence carrying out the program 
described in this subsection not later than 1 year after the date 
of the enactment of this Act. 
(c) AGREEMENT WITH SECRETARY OF HEALTH AND HUMAN SERV-
ICES.—^Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall enter into an agreement with the 
Secretary of Health and Human Services relating to the establish-
ment and conduct of the program required and regulations issued 
under this section. 
SEC. 3163. DEFINITIONS. 
42 USC 7274J. 
For purposes of this subtitle: 
(1) The term "Department of Energy defense nuclear facil-
ity* means— 
(A) a production facility or utilization facility (as those 
terms are defined in section 11 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014)) that is under the control or 
jurisdiction of the Secretary and that is operated for 
national security purposes (including the tritium loading 
facility at Savannah River, South Carolina, the 236 H 
facility at Savannah River, South Carolina; and the Mound 
Laboratory, Ohio), but the term does not include any facility 
that does not conduct atomic energy defense activities and 
does not include any facility or activity covered by Execu-
tive Order Numl)er 12344, dated February 1, 1982, pertain-
ing to the naval nuclear propulsion program; 
(B) a nuclear waste storage or disposal facility that 
is under the control or jurisdiction of the Secretary; 
(C) a testing and assembly facility that is under the 
control or jurisdiction of the Secretary and that is operated 
for national security purposes (including the Nevada Test 
106 STAT. 2648 
PUBLIC LAW 102-484—OCT. 23, 1992 
Site, Nevada; the Pinnellas Plant, Florida; and the Pantex 
facility, Texas); 
(D) an atomic weapons research facility that is under 
the control or jurisdiction of the Secreta^ (including the 
Lawrence Livermore, Los Alamos, and Sandia National 
Laboratories); or 
(E) any facility described in paragraphs (1) through 
(4) thal^ 
(i) is no longer in operation; 
(ii) was under the control or jurisdiction of the 
Department of Defense, the Atomic Energy Commis-
sion, or the Energy Research and Development 
Administration; and 
(iii) was operated for national security purposes. 
(2) The term 'department of Energy employee" means 
any employee of the Department of Energy employed at a 
Department of Energy defense nuclear facility, including any 
employee of a contractor or subcontractor of tiie Department 
of Energy employed at such a facility. 
TITLE XXXII—NUCLEAR SAFETY 
SEC. 3201. AUTHORIZATION FOR DEFENSE NUCLEAR SAFETY BOARD. 
There are authorized to be appropriated for fiscal year 1993, 
$13,000,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
SEC. 3202. NUCLEAR SAFETY IN EASTERN EUROPE AND THE FORMER 
SOVIET UNION. 
(a) FINDINGS.—The Congress finds that— 
(1) the Chernobyl nuclear reactor accident on April 26, 
1986, has resulted in $283 to $352 billion worth of damage, 
with more than 4,000,()00 people still living on land contami-
nated with radiation; 
(2) there are 16 Chernobyl-type RBMK reactors now operat-
ing in Russia, Ukraine, and Lithuania, all of which have faulty 
designs, poor construction, and dangerously lax and outdated 
operating procedures; 
(3) there are dozens of Soviet-designed reactors now operat-
ing in Eastern Europe and the former Soviet Union with poor 
construction and lax and outdated operating procedures; 
(4) a serious nuclear reactor accident in one of the newly 
freed states of Eastern Europe and the former Soviet Union 
would seriously exacerbate these states' difficult progress 
towards economic recovery and could lead to political instability; 
(5) retrofitting the KBMK reactors with modem Western 
safety equipment will result in only marginal safety improve-
ments at great expense; and 
(6) alternative power sources, such as natural gas turbines, 
and modem enei^ efficiency measures and technologies could 
displace the neeofor much of the power which these reactors 
provide. 
(b) UNITED STATES POUCY.—It is the sense of Congress that 
the President should undertake bilateral and multilateral initia-
tives, including trade initiatives, to— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2649 
(1) assist in bringing on line enough replacement power 
and modem energy efficiency measures and technologies in 
the states of Eastern Europe and the former Soviet Union 
so that the RBMK reactors may be shut down as soon as 
possible and placed in stable condition to prevent radiological 
contamination; 
(2) assist the states of Eastern Europe and the former 
Soviet Union in upgrading their other nuclear reactors to West-
em standards of safety and in ensuring that all of their nuclear 
reactors receive routine maintenance and repairs; 
(3) encourage and provide technical assistance to Russia 
and Ukraine to enact domestic legislation governing nuclear 
reactor safety; 
(4) negotiate formal agreements for nuclear cooperation 
with Russia and Ukraine; 
(5) identify nuclear safety research as a principal focus 
of the soon-to-be created nuclear science centers in Ukraine 
and Russia; and 
(6) make greater resources available to the International 
Atomic Energy Agency to promote programs of nuclear safety 
in Eastern Europe and the former Soviet Union. 
(c) REPORTING REQUIREMENT.—Not later than 60 days after 
President. 
the date of enactment of this Act, the President shall submit to 
Congress a report with a systematic assessment of the nuclear 
reactor safety situation in Eastern Europe and the former Soviet 
Union, with a description of specific bilateral and multilateral initia-
tives the Administration is taking and plans to take to address 
these nuclear safety issues. 
TITLE XXXin—NATIONAL DEFENSE STOCKPILE 
Subtitle A—^Modernization Program 
SEC. 3301. DEFINITIONS. 
50 USC 98d note. 
For purposes of this subtitle: 
(1) The terms "National Defense Stockpile" and "stockpile" 
mean the stockpile provided for in section 4 of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98c). 
(2) The term "National Defense Stockpile Transaction 
Fund" means the fund in the Treasury of the United States 
established under section 9(a) of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h(a)). 
SEC. 3302. DISPOSAL OF OBSOLETE AND EXCESS BIATERIALS CON- 
50 USC 98d note. 
TAINED IN THE NATIONAL DEFENSE STOCKPILE. 
(a) DISPOSAL AUTHORIZED.—Subject to the conditions specified 
in subsection (b), the President may dispose of obsolete and excess 
materials currently contained in the National Defense Stockpile 
in order to modernize the stockpile. The materials subject to dis-
posal under this subsection and the quantity of each material 
authorized to be disposed of by the resident are set forth in 
the following table: 
Authorized Stockpile Disposals 
Material for disposal 
Quantity 
Aluminum Oxide, Abrasive Grain 
51,022 short tons 
106 STAT. 2650 
PUBLIC LAW 102-484—OCT. 23, 1992 
Authorized Stoc]q>Ue Disposals—Continued 
Material for diqMMal 
Quantity 
Aluminum Oxide, Fused Crude 
249,867 short tons 
Antimony 
2,007 short tons 
Asbestos, Chiysotile 
3,004 short tons 
Bauxite, Metal Grade, Jamaican 
12,467,740 long tons 
Bauxite, Metal Grade, Surinam 
64299,597 long tons 
Bauxite, Re&ctory 
207,067 long tons 
Beryl Ore 
17,729 short tons 
Bismuth 
1,825,965 pounds 
Cadmium 
6,328,670 pounds 
Chromite, Chemical Grade Ore 
208,414 short dry tons 
Chromite, Metallurgical Grade Ore 
1,611,366 short dry 
tons 
Chromite, Refractory Grade Ore 
232,414 short dry tons 
Chromium, Ferro 
676,526 short tons 
Cobalt 
13,000,000 pounds of 
contained cobalt 
Copper 
29,641 short tons 
Diamond, Bort 
4,001,334 carats 
Diamond Stones 
2,422,075 carats 
Fluorspar, Acid Grade 
892,856 short dry tons 
Fluorspar, Metallurgical Grade 
410,822 short diy tons 
Germanium 
713 kilograms 
Graphite, Natural, Malagasy, Cryste^ine 
10,673 i^ort tons 
Graphite, Natural, Other than Ceylon & Mala- 2,803 short tons 
ga^. 
Iodine 
6,836,022 pounds 
Jewel bearings 
61,778,337 pieces 
Lead 
610,053 short tons 
Manganese, Ferro 
938,285 short tons 
Manganese Ore, Metallurgical Grade 
1,627,425 short dry 
tons 
Manganese, Battery Grade, Natural Ore 
68,226 short dry tons 
Manganese, Battery Grade, Synthetic Dioxide 
3,011 short dry tons 
Mercury 
128,026 flasks (76-
pounds) 
Bfica, nUogopite Splittings 
9634251 pounds 
Nickel 
37,214 short tons 
Quartz Crystals, Natural 
800,000 pounds 
Rutile 
39,200 short tons 
Sapphire & Ruby 
16,305,502 carats 
Sebadc Arid 
5,009,697 pounds 
Silicon Carbide 
28,774 short tons 
Silver 
83,961,492 troy ounces 
Tin 
141,278 metric tons 
V^jetable Tannin, Chestnut 
4,976 long tons 
Vegetable Tannin, Quebracho 
28,832 long tons 
Vegetable Tannin, Wattle 
16,000 long tons 
Zinc 
378,768 short tons 
(b) CONDITIONS ON DISPOSAL.—The authority of the President 
under subsection (a) to dispose of materials stored in the stockpile 
may not be used unless ana until the President submits to Congress 
a revised annual materials plan under section 11(b) of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98h-2(b)) that— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2651 
(1) complies with the requirements of section 10(c) of such 
Act (50 U.S.C. 98h-l), as added by section 3314; and 
(2) contains the certification of the Secretary of Defense 
that the disposal of such materials will not adversely affect 
the capability of the National Defense Stockpile to supply the 
strategic and critical materials necessaiy to meet the needs 
of the United States during a period of national emergency 
that requires a significant level of mobilization of the economy 
of the United States, including any reconstitution of the mili-
tary and industrial capabilities necessary to meet the planning 
assimiptions used by the Secretary of Defense under section 
14(b) of such Act (50 U.S.C. 98h-5(b)). 
(c) REQUIRED USE OF PREVIOUS DISPOSAL AUTHORITIES.—<1) 
The President shall complete the disposal of all quantities of mate- President, 
rials in the National Defense Stockpile that— 
(A) have been previously authorized for disposal by law; 
and 
(B) have not been disposed of before the date of the enact-
ment of this Act. 
(2) The disposal of materials required by this subsection shall 
be completed before the end of the five-year period beginning on 
October 1, 1992, unless the President notifies Congress that the 
Market Impact Committee established under section 10(c) of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-
1(c)), as added by section 3314, determines that completion of 
the disposal of such materials during such period would result 
in the undue disruption of the usual markets of such materials. 
The notification shall also indicate the date on which the disposal 
of such materials will be completed. 
(d) SPECIAL LIMITATION REGARDING SILVER.—(1) The disposal 
of silver under this section may only occur in the form of coins 
or, subject to paragraph (2), as material furnished by the Federal 
Government to a contractor for the use of the contractor in the 
performance of a Federal Crovemment contract. 
(2) A contractor receiving silver as Government fiimished mate-
rial shall pay the Federal Government the amount equal to the 
fair market value of the silver, as determined by the National 
Defense Stockpile Manager. The amount paid by the contractor 
for the silver shall be deposited in the National Defense Stockpile 
Transaction Fund. 
(e) SPECIAL LIMITATION REGARDING CHROMITE AND MANGANESE 
ORES.—^During fiscal year 1993, the disposal of chromite and man-
ganese ores of metallurg:ical grade under subsection (a) may be 
made only for processing within the United States and the terri-
tories and possessions of the United Stetes. 
(f) SPECIAL LIMITATION REGARDING CHROMIUM AND MANGANESE 
FERRO.—^The disposal of chromium ferro and manganese ferro under 
subsection (a) may not commence before October 1,1993. 
(g) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The dis-
posal authority provided in subsection (a) is in addition to any 
other disposal authority provided by law. 
SEC. 3303. USE OF BARTER ARRANGEMENTS IN MODERNIZATION PRO- 
50 USC 9gd note. 
GRAM. 
The President may enter into barter arrangements to dispose 
of materials under section 3302 in order to acquire strategic and 
106 STAT. 2652 
PUBLIC LAW 102-484—OCT. 23, 1992 
critical materials for, or upgrade strategic and critical materials 
in, the National Defense Stockpile. 
SEC. 3304. DEPOSIT OF PROCEEDS 
FROM DISPOSALS IN THE 
NATIONAL DEFENSE STOCKPILE FUND. 
All moneys received from the sale of materials under section 
3302 shall be deposited in the National Defense Stockpile Trans-
action Fimd. 
SEC. 3305. AUTHORIZED USES OF STOCKPILE FUNDS. 
(a) USE FOR ACQUISITIONS AND OTHER PURPOSES.—During fiscal 
year 1993, the National Defense Stockpile Manager may obligate 
up to $66,000,000 of the fimds in the National Defense Stockpile 
Transaction Fimd (subject to such limitations as may be provided 
in appropriations Acts) for the authorized uses of such funds imder 
section 9(b)(2) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98h(bX2)). 
(b) RESEARCH AND DEVELOPMENT PROGRAMS.—Of the amount 
specified in subsection (a), $25,000,000 mav be obligated for mate-
rials development and research under subparagraph (G) of such 
section. 
50 use 98h-l 
SEC. 3306. ADVISORY COMMITTEE REGARDING OPERATION AND MOD-
note. 
ERNIZATION OF THE STOCKPILE. 
President. 
(a) APPOINTMENT.—Not later than March 15, 1993, the Presi-
dent shall appoint an advisory committee under section 10(a) of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h-l(a)) to make recommendations to the President concerning 
the operation and modernization of the National Defense Stockpile, 
(b) MEMBERSHIP.—^The committee shall consist of members who 
have 
expertise 
regarding 
strategic and critical 
materials, 
including— 
(1) employees of Federal agencies (including the Depart-
ment of Defense, the Department of State, the Department 
of Commerce, the Department of Energy, the Department of 
the Treasury, the Department of the Interior, and the Federal 
Emergency Management Agency); 
(2) representatives of mining, processing, and fabricating 
industries and consumers that would be affected by the acquisi-
tion of materials for the stockpile or the disposal of materials 
from the stockpile; and 
(3) other interested persons or representatives of interested 
organizations. 
SEC. 3307. SPECIAL RULE FOR 1993 REPORT ON STOCKPILE REQUIRE-
MENTS. 
In the report on stockpile requirements required to be submit-
ted to Congress by January 15, 1993, pursuant to section 14 of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h-5), the Secretary of Defense shall include, in addition to the 
Secretary's recommendations with respect to stockpile requirements 
based upon the planning assumptions developed under subsection 
(b) of such section, the following information: 
(1) A list of recommendations with respect to stockpile 
requirements that is based upon and consistent with the plan-
ning assumptions and scenarios that support— 
(A) the defense capabilities and programs of the Armed 
Forces specified in the budget submitted to Congress under 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2653 
section 1105 of title 31, United States Code, for fiscal 
year 1994; and 
(B) the future-years defense program submitted under 
section 221 of title 10, United States Code, with respect 
to that budget. 
(2) An explanation of the reasons for any deviation between 
the Secretary's recommendations with respect to stockpile 
requirements prepared under section 14(a) of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98h-5(a)) 
and the list of recommendations with respect to stockpile 
requirements required by paragraph (1). 
SEC. 3308. CONFORMING AMENDMENTS. 
50 USC 98d note. 
Part A of title XXXIII of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 
Stat. 1583) is amended— 
(1) in sections 3301(a), 3301(d), and 3302(a), by striking 
out "fiscal years 1992 and 1993" and inserting in lieu thereof 
"fiscal year 1992"; and 
(2) in sections 3301(a), 3301(d), and 3302(b), by striking 
out "each of such fiscal years" and inserting in lieu thereof 
"such fiscal year". 
Subtitle B—^Programmatic Changes 
SEC. 3311. PROCEDURES FOR CHANGING OBJECTIVES FOR STOCK-
PILE QUANTITIES ESTABLISHED AS OF THE END OF FIS-
CAL YEAR 1987. 
Section 3(c) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98b(c)) is amended by striking out paragraphs (2) 
through (5) and inserting in lieu thereof the following new para-
graph: 
"(2) The President shall notify Congress in writing of any President. 
change proposed to be made in the quantity of any material to 
be stockpiled. The President ma^ make the change effective on 
or afi^er the 30th legislative day rollowing the date of the notifica-
tion. The President shall include a full explanation and justification 
for the proposed change with the notification. For purposes of 
this paragraph, a legislative day is a day on which lK)th Houses 
of Congress are in session.". 
SEC. 3312. REPEAL OF LIMITATION ON EXCESS BALANCE IN FUND. 
Section 5(b) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98d(b)) is amended— 
(1) by striking out "(1)"; and 
(2) by striking out ", or (2)" and all that follows through 
"$100,000,000." and inserting in heu thereof a period. 
SEC. 3313. AUTHORIZED PURPOSES FOR EXPENDITURES FROM THE 
NATIONAL DEFENSE STOCKPILE TRANSACTION FUND. 
(a) MAINTENANCE AND DISPOSAL OF MATERIALS.—Section 9(b) 
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h(b)) is amended— 
(1) in paragraph (2XA)— 
(A) by inserting ", maintenance, and disposal" after 
"acquisition"; and 
(B) by striking out "section 6(aXl)" and inserting in 
lieu thereof "section 6(a)"; and 
106 STAT. 2654 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) in paragraph (2XB), by striking out "such acquisition" 
and inserting in lieu thereof "such acquisition, maintenance, 
and disposal. 
(b) REHABILITATION OF FACILITIES A
N
D DISPOSAL OF HAZARDOUS 
MATERIALS.—Paragraph (2) of such section is further amended by 
adding at the end the following new subparagraphs: 
"(H) Improvement or rehabilitation of facilities, structures, 
and infrastructure needed to maintain the integrity of stockpile 
materials. 
"(I) Disposal of hazardous materials that are stored in 
the stockpile and authorized for disposal by law.". 
(c) PROHIBITION ON USE OF FUNDS FOR EMPLOYEE SALARIES 
A
N
D EXPENSES.—Such section is further amended by adding at 
the end the following new paragraph: 
"(4) Notwithstanding paragraph (2), moneys in the fund may 
not be used to pay salaries and expenses of stockpile employees. . 
SEC. 3314. MARKET IMPACT COMMITTEE. 
Section 10 of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98h-l) is amended by adding at the end the following 
new subsection: 
President. 
"(cXl) The President shall appoint a Market Impact Committee 
composed of representatives from the Department of Agriculture, 
the Department of Commerce, the Department of Defense, the 
Department of Ener^, the Department of the Interior, the Depart-
ment of State, the Department of the Treasury, and the Federal 
Emergency Management Agency, and such other persons as the 
President considers appropriate. The representatives from the 
Department of Commerce and the Department of State shall be 
Cochairmen of the Committee. 
"(2) The Committee shall advise the National Defense Stockpile 
Manager on the projected domestic and foreign economic effects 
of all acquisitions and disposals of materials from the stockpile 
that are proposed to be included in the annual materials {uan 
submitted to Congress under section 11(b), or in any revision of 
such plan, and shall submit to the manager the Committee's rec-
ommendations regarding those acquisitions and disposals. 
"(3) The annual materials plan or the revision of such plan, 
as the case may be, shall contain— 
"(A) the views of the Committee on the projected domestic 
and foreign economic effects of all acquisitions and disposals 
of materials from the stockpile; 
"(B) the recommendations submitted by the Committee 
under paragraph (2); and 
"(C) for each acquisition or disposal provided for in the 
plan or revision that is inconsistent with a recommendation 
of the Committee, a justification for the acquisition or disposal. 
"(4) In developing recommendations for the National Defense 
Stockpile Manager under paragraph (2), the Committee shall con-
sult from time to time with representatives of producers, processors, 
and consumers of the types of materials stored in the stockpile.". 
50 use 98c note. 
SEC. 3315. CLARIFICATION OF THE STOCKPILE STATUS OF CERTAIN 
MATERIALS. 
All materials purchased under section 303 of the Defense 
Production Act (50 U.S.C. App. 2093) and held in the Defense 
Production Act inventory as of June 30,1992, are hereby transferred 
to the National Defense Stockpile and shall be managed, controlled. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2655 
and subject to disposal by the National Defense Stockpile Manager 
as provided in the Strategic and Critical Materials Stock Pilmg 
Act (50 U.S.C. 98a et seq.). 
TITLE XXXIV—CIVIL DEFENSE 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
There is hereby authorized to be appropriated $142,565,000 
for fiscal year 1993 for the purpose of carrying out the Federsd 
Civil Defense Act of 1950 (50 U.S.C. App. 2251 et seq.). 
TITLE XXXV—PANAMA CANAL COMMISSION 
Panama Canal 
CTommission 
SEC. 3501. SHORT TITLE. 
ict for S J ^ 
This title may be cited as the Tanama Canal Commission Year 1993. 
Authorization Act for Fiscal Year 1993". 
Subtitle A—Annual Authorization 
SEC. 3511. AUTHORIZATION OF EXPENDITURES. 
(a) IN GENERAL.—For fiscal year 1993, the Panama Canal 
Commission (subject to subsection (b)) may make such expenditures 
and, without regard to fiscal year limitations, may enter into such 
contracts and commitments, within the limits of fonds and borrow-
ing authority available to it in accordance with law, as may be 
necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601 
et seq.) for the operation, maintenance, and improvement of the 
Panama Canal for fiscal year 1993. 
(b) LIMITATION ON ADMINISTRATIVE EXPENSES.—For fiscal year 
1993, the Panama Canal Commission may expend from fiuids in 
the Panama Canal Revolving Fund not more than $51,156,000 
for administrative expenses, of 
which not more than— 
(1) $12,000 may be used for official reception and represen-
tation expenses of the Supervisory Board of the Commission; 
(2) $6,000 may be used for official reception and representa-
tion expenses of the Secretary of the Commission; and 
(3) $34,000 may be used for official reception and represen-
tation expenses of the Administrator of the Commission. 
(c) PURCHASE OF PASSENGER VEHICLES.—^Funds available to 
the Panama Canal Commission may be used for the purchase 
of passenger motor vehicles (including large heavy-duty vehicles) 
to be used to transport Commission personnel across the Isthmus 
of Panama. A passenger motor vehicle may be purchased with 
such fiinds only as necessary to replace another passenger motor 
vehicle of the Commission. No passenger motor vehicle may be 
purchased with such fimds for a price in excess of $18,000. 
SEC. 3512. HEALTH CARE. 
Section 1321(eXl) of the Panama Canal Act of 1979 (22 U.S.C. 
3731) is amended by inserting after 'health care services" the 
following: "provided by medical facilities licensed and approved 
by the li^public of Panama (and not operated by the United States)". 
SEC. 3513. VESSEL TONNAGE MEASUREMENT. 
Section 1602(a) of the Panama Canal Act of 1979 (22 U.S.C. 
3792) is amended in the first sentence by inserting ", or its equiva-
106 STAT. 2656 
PUBLIC LAW 102-484—OCT. 23, 1992 
lent," after "net vessel tons of one hundred cubic feet each of 
actual earning capacity". 
SEC. 3514. CONSISTENCY WITH PANAMA CANAL TREATIES OF 1977 
AND IMPLEMENTING LAWS. 
Expenditures authorized under this subtitle may be made only 
in accordance with the Panama Canal Treaties of 1977 and laws 
of the United States implementing those treaties. 
Subtitle B—Composition and Dissolution of Commission 
SEC. 3S21. COSTS OF I^ISSOLUTION. 
(a) IN GENERAL.—The Panama Canal Act of 1979 (22 U.S.C. 
3601 et seq.) is amended by inserting after section 1304 the 
following: 
"DISSOLUTION OF COMMISSION 
22 use 3714a. 
«SEC. 1305. (aXD The Commission shall conduct a study of— 
"(A) the costs associated with the dissolution of the 
Commission, including the composition, location, and costs of 
the office authorized to be established under subsection (b); 
and 
"(B) costs and liabilities incurred or administered by the 
Commission that will not be paid before the date of that dissolu-
tion. 
Reports. 
"(2) The Commission shall submit to the Congress, by not 
later than September 30, 1996, a report on the findings and conclu-
sions of the study under this subsection. The report shall include 
an estimate of the period of time which may be required to close 
out the affairs of the Commission aft;er the termination of the 
Panama Canal Treaty of 1977. 
"(b) The Commission shall diu*ing fiscal year 1998 establish 
an office to close out the affairs of the Commission that are still 
pending after the termination of the Panama Canal Treaty of 1977. 
Establishment. 
"(cXl) There is established in the Treasury of the United States 
a fund to be known as the 'Panama Canal Commission Dissolution 
Fund' (hereinafter in this section referred to as the 'Fund'). The 
Fund shall be managed by the Commission until the termination 
of the Panama Canal Treaty of 1977 and by the office established 
imder subsection (b) thereafter. 
"(2)(A) Subject to paragraph (5), the Fund shall be available 
after September 30,1998, to pay— 
"(i) the costs of operating the office established under sub-
section (b); and 
"(ii) the costs and liabilities associated with dissolution 
of the Commission, including such costs incurred or identified 
after the termination of the Panama Canal Treaty of 1977. 
"(B) Pajnnents from the Fund made during the period beginning 
on October 1, 1998, and ending with the termination of the Panama 
Canal Treaty of 1977 shall be subject to the approval of the Board 
provided for in section 1102. 
"(3) The Fimd shall consist of— 
"(A) such amounts as may be deposited into the Fund 
by the Commission, from amounts collected as toll receipts, 
to pav the costs described in paragraph (2); £md 
(B) amounts credited to the Fund imder paragraph (4). 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2657 
**(4XA) The Secretary of the Treasury shall invest excess 
amounts in the Fund in public debt securities with maturities 
suitable to the needs of the Fimd, as determined by the manager 
of the Fund. 
"(B) Securities invested under subparagraph (A) shall bear 
interest at rates determined by the Secretary of the Treasmy, 
taking into consideration current market yields on outstanding 
marketable obligations of the United States of comparable maturity. 
"(C) Interest earned on securities invested imder subparagraph 
(A) shall be credited to and form part of the Fimd. 
"(5) Amounts in the Fund may not be obligated or expended 
in £uiy fiscal year imless the obligation or expenditure is specifically 
authorized by law. 
"(6) The Fimd shall terminate on October 1, 2004. Amoimts 
in the Fund on that date shall be deposited in the general fund 
of the Treasury of the United States.". 
(b) CONFORMING AMENDMENTS.— 
(1) AVAILABILITY OF TOLL RECEIPTS.—Section 1302(c) of the 
Panama Canal Act of 1979 (22 U.S.C. 3712(c)) is amended— 
(A) in paragraph (1), by inserting after "toll receipts" 
in the first sentence the following: "(other than amounts 
of toll receipts deposited into the Panama Canal Commis-
sion Dissolution Fimd under section 1305)"; and 
(B) in paragraph (3XA), by inserting "and the Panama 
Canal Dissolution Fund" after "Panama Canal Revolving 
Fimd". 
(2) BASES OF TOLLS.—Section 1602(b) of the Panama Canal 
Act of 1979 (22 U.S.C. 3792(b)) is amended by striking "Panama 
Canal," and inserting "Panama Canal (including costs author-
ized to be paid from tne Panama Canal Dissolution Fund under 
section 1305(c)),". 
(c) CLERICAL AMENDMENT.—The table of contents in section 
1 of the Panama Canal Act of 1979 is amended by inserting after 
the item relating to section 1304 the following new item: 
"1305. Dissolution of Commission.". 
SEC. 3622. RECOMMENDATIONS BY PRESIDENT ON CHANGES TO PAN-
AMA CANAL COMMISSION STRUCTURE. 
(a) REPORT.—^The President shall conduct a study and, if war-
ranted, develop a plan setting forth recommendations for such 
changes, if any, to the Panama Canal Commission for the operation 
of the Panama Canal during the period before the termination 
of the Panama Canal Treaty of 1977 as the President determines 
would facilitate and encourage the operation of the canal through 
an autonomous entity under the Government of Panama after the 
transfer of the canal on December 31,1999, pursuant to the Panama 
Canal Treaty of 1977 and related agreements. The President shall 
submit the study and, if warranted, plan to Congress, together 
with a legislative proposal containing any changes to existing law 
required to implement the plan, not later than one year after 
the date of the enactment of this Act. 
(b) PREPARATION OF PLAN.—^Recommendations to the President 
for purposes of the study and plan required by subsection (a) 
shall be prepared with the participation of a representative of 
each of the following: 
(1) The Secretary of State. 
(2) The Secretary of Defense. 
Termination 
date. 
22 use 3611 
note. 
President. 
106 STAT. 2658 
PUBLIC LAW 102-484—OCT. 23, 1992 
22 u s e 3611 
note. 
Defense 
Conversion, 
Reinvestment, 
and Tiansition 
Assistance Act 
of 1992. 
(3) The Secretary of the Treasury. 
(4) The Secretary of Commerce. 
(5) The Secretary of Transportation. 
(6) The Panama Canal Commission. 
(c) PLAN TO BE CONSISTENT WITH PANAMA CANAL TREATY.— 
The study and, if warranted, plan submitted by the President 
pursuant to subsection (a) shall be consistent with the Panama 
Canal Treaty of 1977 and related agreements. 
SEC. 3S23. REPORT BY COMPTROLLER GENERAL ON CHANGES TO 
PANAMA CANAL COMMISSION STRUCTURE. 
(a) REPORT.—^The Comptroller General shall submit to Congress 
a report analyzing the effectiveness of the fiscal, oi)erational, and 
management structure of the Panama Canal Commission and set-
ting forth recommendations for such changes to that structure 
as the Comptroller General determines would, if implemented, 
enable the Commission to operate more efficiently and, thereby, 
serve as a model for the Government of Panama for the operation 
of the Panama Canal after the transfer of the Panama Canal 
on December 31, 1999, pursuant to the Panama Canal Treatv 
of 1977 and related agreements. The Comptroller General shall 
submit the report to Con^^ss not later than one year afi^r the 
date of the enactment of this Act. 
(b) PREPARATION OF REPORT.—^In developing the report required 
by subsection (a), the Comptroller General shall seek the views 
of each of the following: 
(1) The Secretary of State. 
(2) The Secretary of Defense. 
(3) The Secretary of the Treasury. 
(4) The Secretary of Conmierce. 
(5) The Secretary of Transportation. 
(6) The Panama Canal Commission. 
(c) REPORT TO BE CONSISTENT WITH PANAMA CANAL TREATY.— 
The recommendations in the report submitted by the Comptroller 
Grenercd pursuant to subsection (a) shall be consistent with the 
Panama Canal Treaty of 1977 and related agreements. 
DIVISION 
D—DEFENSE 
CONVERSION, 
REINVESTMENT, AND TRANSITION AS-
SISTANCE 
10 use 2491 
note. 
SEC. 4001. SHORT TITLE. 
This division may be cited as the 'Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992". 
TITLE XLI—FINDINGS 
10 use 2491 
note. 
SEC. 4101. FINDINGS. 
Congress makes the following findings: 
(1) The collapse of communism in Eastern Europe and 
the dissolution of the Soviet Union have fimdamentally dianged 
the military threat that formed the basis for the national secu-
rity policy of the United States since the end of World War 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2659 
(2) The change m the military threat presents a unique 
opportunity to restructure and reduce the mihtary requirements 
of the United States. 
(3) As the United States proceeds with the post-Cold War 
defense build down, the Nation must recognize and address 
the impact of reduced defense spen^ng on the miUtary person-
nel, civilian employees, and defense industry workers who have 
been the founoation of the national defense policies of Uie 
United States. 
(4) The defense build down will have a significant impact 
on communities as procurements are reduc^ and milit£u*y 
installations are closed and realigned. 
(5) Despite the changes in tiie military threat, the United 
States must maintain me capability to respond to regional 
conflicts that threaten the national interests of the United 
States, and to reconstitute forces in the event of an extended 
conflict. 
(6) The skills and capabilities of militaiy personnel, civilian 
employees of the Department of Defense, defense industry work-
ers, and defense industries represent an invaluable national 
resource that can contribute to the economic growth of the 
United States and to the long-term vitality of the national 
technology and industrial base. 
(7) Prompt and vigorous implementation of defense conver-
sion, reinvestment, and transition assistance programs is essen-
tial to ensure that the defense build down is structured in 
a manner that— 
(A) enhances the long-term ability of the United States 
to maintain a strong and vibrant national technology and 
industrial base; and 
(B) promotes economic growth. 
TITLE XLH—DEFENSE TECHNOLOGY AND INDUSTRIAL 
BASE, REINVESTMENT, AND CONVERSION 
Subtitle A—^Purposes and Establishment of New Chapter in 
Title 10 
SEC. 4S01. PURPOSES. 
10 USC 2491 
The purposes of this title are to consolidate, revise, clarify, 
and reenact policies and requirements, and to enact additional 
policies and requirements, relating to the national technology and 
mdustrial base, defense reinvestment, and defense conversion pro-
grams that further national security objectives. 
SEC. 4908. ESTABLISHMENT OF NEW CHAPTER IN TITLE 10. 
(a) REPEAL AND REDESIGNATION OF EXISTING PROVISIONS.— 
Chapter 148 (other than sections 2504 through 2507), chapter 149 
(other than sections 2517 and 2518), and chapter 150 (other than 
sections 2524, 2525, and 2526) of title 10, United States Code, 
are repealed. Sections 2504, 2505, 2506, and 2507 of such title 
are redesignated as sections 2531, 2532, 2533, and 2534, respec-
tively. 
(b) NEW CHAPTER 148.—Part IV of subtitie A of titie 10, United 
States Code, is amended by inserting before section 2531, as so 
redesignated, the following new chapter 148: 
59-194 0—93 
28:QL3(Pt. 3) 
106 STAT. 2660 
PUBLIC LAW 102-484—OCT. 23, 1992 
"CHAPTER 148—NATIONAL DEFENSE TECHNOLOGY AND 
INDUSTRIAL BASE, DEFENSE REINVESTMENT, AND 
DEFENSE CONVERSION 
"Subchapter 
See. 
"I. Definitions 
2491 
"II. Policies and Planning 
2501 
"III. Programs for Development, Application, and Support of Dual-Use Tech-
nologies 
2511 
"IV. Manufacturing Technology and Dual-Use Assistance Extension Pro-
grams 
2521 
"V. Miscellaneous Technology Base Policies and Programs 
2531 
"SUBCHAPTER I—DEFINITIONS 
"Sec. 
"2491. Definitions. 
"SUBCHAPTER II—POLICIES AND PLANNING 
"Sec. 
"2501. Congressional defense policy concerning national technology and industrial 
base, reinvestment, and conversion. 
"2502. National Defense Technology and Industrial Base Council. 
"2503. National defense program lor analysis of the technology and industrial base. 
"2504. Center for the Study of Defense Economic Adjustment. 
"2505. National technology and industrial base: periodic defense capability assess-
ments. 
"2506. National technologv and industrial base: periodic defense capability plan. 
"2507. Data collection aiUnority of President. 
"SUBCHAPTER III—PROGRAMS FOR DEVELOPMENT, APPLI-
CATION, AND SUPPORT OF DUAL-USE TECHNOLOGIES 
"Sec. 
"2511. Defense dual-use critical technology partnerships. 
"2512. Commercial-military integration partnerships. 
"2513. Regional technology alliances assistance program. 
"2514. Encouragement oftechnolc^ transfer. 
"2515. Office of Technology Transition. 
"2516. Military-Civilian Integration and Technolo^ Transfer Advisory Board. 
"2517. Office tor Foreign Defense Critical Technology Monitoring and Assessment. 
"2518. Overseas foreign critical technology monitoring and assessment financial as-
sistance program. 
"SUBCHAPTER IV—MANUFACTURING TECHNOLOGY AND 
DUAL-USE ASSISTANCE EXTENSION PROGRAMS 
•Sec. 
"2521. National Defense Manufacturing Technology Program. 
"2522. Defense Advanced Manufacturing Technology Partnerships. 
"2523. Manufacturing extension programs. 
"2524. Defense dual-use assistance extension program. 
"SUBCHAPTER V—MISCELLANEOUS TECHNOLOGY BASE 
POLICIES AND PROGRAMS 
"2531. Defense memoranda of understanding and related agreements. 
"2532. Offset policy; notification. 
"2533. Limitation on use of funds: procurement of goods which are other than 
American goods. 
"2534. Miscellaneous limitations on the procurement of goods other than United 
S t a t e s g o o d s . 
^^v-..,:,- 
^•.^,^.. 
^ . • ; - : v . 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2661 
'^535. Defense Industrial Reserve.". 
(c) REFERENCE.—A reference in this title to chapter 148 shall 
be considered to be a reference to chapter 148 of title 10, United 
States Code, as added by subsection (b). 
SEC. 4203. DEFINITIONS. 
(a) IN GENERAL.—Subchapter I of chapter 148, as established 
by section 4202, is amended by inserting after the table of sections 
the following: 
''§2491. Definitions 
"In this chapter: 
"(1) The term 'national technology and industrial base' 
means the persons and organizations that are engaged in 
research, development, production, or maintenance activities 
conducted within the United States and Canada. 
**(2) The term 'dual-use' with respect to products, services, 
standards, processes, or acquisition practices, means products, 
services, standards, processes, or acquisition practices, respec-
tively, that are capable of meeting requirements for military 
and nonmilitary application. 
"(3) The term 'dual-use critical technology' means a critical 
technology that has military applications and nonmilitary 
applications. 
"(4) The term 'technology and industrial base sector' means 
a group of public or private persons and organizations that 
engage in, or are capable of engaging in, similar research, 
development, or production activities. 
"(5) The terms 'Federal laboratorjr' and laboratory* have 
the meaning given the term laboratorjr' in section 12(dX2) 
of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710a(dX2)). 
"(6) The term 'critical technology means a technology that 
is— 
"(A) a national critical technology; or 
"(B) a defense critical technology. 
"(7) The term 'national critical technology means a tech-
nology that appears on the list of national critical technologies 
contained in the most recent biennial report on national critical 
technologies submitted to Congress by the President pursuant 
to section 603(d) of the National Science and Technolo^ Policy, 
Organization, and Priorities Act of 1976 (42 U.S.C. 6683(d)). 
"(8) The term 'defense critical technology' means a tech-
nology that appears on the list of critical technologies contained, 
pursuant to subsection (0 of section 2505 of this title, in the 
most recent national technology and industrial base assessment 
submitted to Congress by the Secretary of Defense pursuant 
to section 2506(e) of this title. 
"(9) The term 'eligible firm' means a company or other 
business entity that, as determined by the Secretary of 
Commerce— 
"(A) conducts a significant level of its research, develop-
ment, engineering, and manufacturing activities in the 
United States; and 
"(B) is a company or other business entity the mcgority 
ownership or control of which is by United States citizens 
106 STAT. 2662 
PUBLIC LAW 102-484—OCT. 23, 1992 
or is a company or other business of a parent company 
that is incorporated in a country the government of which— 
''(i) encourages the participation of firms so owned 
or controlled in research and development consortia 
to which the government of that countiy provides fund-
ing directly or provides funding indirectly through 
international organizations or agreements; and 
"(ii) affords adequate and effective protection for 
the intellectual property rights of companies incor-
porated in the Unitea States. 
Such term includes a consortium of such companies or other 
business entities, as determined by the Secretaiy of Commerce. 
"(10) The term 'manufacturing technology* means tech-
niques and processes designed to improve manufacturing qual-
ity, productivity, and practices, including quality control, shop 
floor management, inventory management, and worker train-
ing, as well as manufacturing equipment and software. 
"(11) The term 'manufacturing extension program' means 
a public or private, nonprofit program for the improvement 
of the quality, productivity, and performance of United States-
based small manufacturing firms m the United Stetes. 
**(12) The term "United Stetes-based small manufacturing 
firm' means a company or other business entity that, as deter-
mined by the Secretory of Commerce— 
"(A) engages in manufacturing; 
*
*
(
B
) has less than 500 employees; and 
"(C) is an eligible firm.". 
1
0 use 2491 
(b) TRANSITION PROVISION.—Until the first national technology 
note. 
Qj^^ industrial base assessment is submitted to Congress by the 
Secretonr of Defense pursuant to section 2506(e) of title 10, United 
Stetes (Jode, as added by section 4216, the term "defense critical 
technolo^ for the purposes of chapter 148 of such title, as added 
by section 4202, shall have the meaning given such term in section 
2521 of title 10, United Stetes Code, as in effect on the day before 
the date of the enactment of this Act. 
Subtitle B—^Defense Policies and Planning Concerning Na-
tional Technology and Industrial Base, Reinvestment, and 
Conversion 
SEC. 4211. CONGRESSIONAL 
DEFENSE 
POUCY 
CONCERNING 
NATIONAL 
TECHNOLOGY 
AND 
INDUSTRIAL 
BASE, 
REINVESTMENT, AND CONVERSION. 
Subchapter II of chapter 148, as estebUshed by section 4202, 
is amended by inserting after the teble of sections the following: 
'*§2501. Congressional defense policy concerning national 
technology and indusmal oase, reinvestment, and 
conversion 
"(a) DEFENSE POUCY OBJECTIVES FOR NATIONAL TECHNOLOGY 
A
N
D INDUSTRIAL BASE.—^It is the policy of (Dongress that the national 
technology and industrial base be capable of meeting the following 
national security objectives: 
"(1) Suppljdn^ and equipping the force structure of the 
armed forces that is necessary to achieve— 
"(A) the objectives set forth in the national security 
strategy report submitted to Congress by the President 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2663 
pursuant to section 104 of the National Security Act of 
1947 (50 U.S.C. 404a); 
"(B) the policy guidance of the Secretary of Defense 
' provided pursuant to section 113(g) of this title; and 
**(C) the future-years defense program submitted to 
Congress by the Secretary of Defense pursuant to section 
221 of this title. 
"(2) Sustaining production, maintenance, repair, and logis-
tics for military operations of various durations and intensity. 
"(3) Maintaining advanced research and development 
activities to provide the armed forces with systems capable 
of ensuring technological superiority over potential adversaries. 
"(4) Reconstituting within a reasonable period the capabil-
ity to develop and produce supplies and equipment, including 
technologically advanced systems, in sufficient quantities to 
prepare fully for a war, national emergency, or mobilization 
of the armed forces before the commencement of that war, 
national emergency, or mobilization. 
"(b) POLICY OBJECTIVES RELATING TO DEFENSE REINVESTMENT, 
DIVERSIFICATION, AND CONVERSION.—It is the policy of Congress 
that, during a period of reduction in defense expenditiures, the 
United States further the national security objectives set forth 
in subsection (a) through programs of reinvestment, diversification, 
and conversion of defense resources that— 
"(1) promote economic growth in high-wage, high-tech-
nology industries and preserve the industrial and technical 
skill base; 
"(2) promote economic growth through further reduction 
of the Federal budget deficit and thereby free up capital for 
private investment and job creation in the civilian sector; 
"(3) bolster the national technology base, including support 
and exploitation of critical technologies with both military and 
civilian application; 
"(4) support retraining of separated military, defense 
civilian, and defense industrial personnel for jobs in activities 
important to national economic growth and security; 
"(5) assist those activities being undertaken at the State 
and local levels to support defense economic reinvestment, 
conversion, adjustment, and diversification activities; and 
"(6) assist small businesses adversely affected by reductions 
in defense expenditures. 
"(c) CIVIL-MILITARY INTEGRATION POUCY.—It is the policy of 
Congress that the United States attain the national technology 
and industrial base objectives set forth in subsection (a) through 
acquisition policy reforms that have the following objectives: 
"(1) Relying, to the mciximum extent practicable, upon the 
commercial national technology and industrial base that is 
required to meet the national security needs of the United 
States. 
"(2) Reducing the reliance of the Department of Defense 
on technology and industrial base sectors that are economically 
dependent on Department of Defense business. 
"(3) Reducing Federal Government barriers to the use of 
commercial products, processes, and standards.". 
106 STAT. 2664 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 4212. NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE 
COUNCIL. 
(a) ESTABLISHMENT OF COUNCIL.—Subchapter II of chapter 148, 
as amended by section 4211, is further amended by insertmg after 
section 2501 the following: 
^§2502. National Defense Technology and Industrial Base 
Council 
"(a) ESTABLISHMENT.—There is a National Defense Technology 
and Industrial Base Council. 
"(b) COMPOSITION.—The Council is composed of the following 
members: 
"(1) The Secretary of Defense, who shall serve as chairman. 
"(2) The Secretary of Energy. 
**(3) The Secretary of Commerce. 
"(4) The Secretary of Labor. 
"(5) Such other officials as may be determined by the 
President. 
"(c) RESPONSIBILITIES.—The Council shall have the following 
responsibilities: 
"(1) To ensure effective cooperation among departments 
and agencies of the Federal Government, and to provide advice 
and recommendations to the President, the Secretary of 
Defense, the Secretary of Energy, the Secretary of Commerce, 
andtheSecretary of Labor, concerning— 
"(A) the capabilities of the national technology and 
industrial base to meet the national security objectives 
set forth in section 2501(a) of this title; 
"(B) programs for achieving, during a period of reduc-
tion in defense expenditures, the defense reinvestment, 
diversification, and conversion objectives set forth in section 
2501(b) of this title; and 
"(C) changes in acquisition policy that strengthen the 
national technology and industrial base. 
"(2) To provide overall policy guidance to ensure effective 
implementation by agencies of the Federal Grovemment of 
defense reinvestment and conversion activities during a period 
of reduction in defense expenditures. 
"(3) To prepare the periodic assessment and the periodic 
plan required by sections 2505 and 2506 of this title, respec-
tively.". 
(b) ECONOMIC ADJUSTMENT COMMITTEE.—Section 4004 of the 
Defense Economic Diversification, Conversion, and Stabilization Act 
of 1990 (division D of Public Law 101-510; 10 U.S.C. 2391 note) 
is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by striking out subsection (b) and inserting in lieu 
thereof the following: 
"(b) CHAIRMAN.—Until October 1,1997, the Secretary of Defense 
shall be the chairman of the Committee. After that, the chairman-
ship shall rotate annually among the Secretary of Defense, Sec-
retary of Labor, and the Secretary of Commerce. 
"(c) EXECUTIVE COUNCIL.—Until October 1, 1997, the National 
Defense Technology and Industrial Base Council shall fimction as 
an Executive Council of the Committee. Under the direction of 
the chairman of the Committee, the Executive Council shall develop 
policies and procedures to ensure that communities, businesses. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2665 
and workers substantially and seriously affected by reductions in 
defense expenditures are advised of the assistance available to 
such communities, businesses, and workers under programs 
administered by the departments and agency comprising the 
Council.". 
SEC. 4213. NATIONAL DEFENSE PROGRAM FOR ANALYSIS OF THE 
TECHNOLOGY AND INDUSTRIAL BASE. 
(a) ESTABLISHMENT OF PROGRAM.—Subchapter II of chapter 
148, as amended by section 4212, is further amended by inserting 
after section 2502 tne following: 
^§2503. National defense program for analysis of the tech-
nology and industrial base 
"(a) ESTABLISHMENT.—(1) The Secretary of Defense, in consulta-
tion with the National Defense Technology and Industrial Base 
Council, shall establish a program for sinalysis of the national 
technologv and industrial base. 
"(2) As determined by the Secretary of Defense, the program 
shall be administered by one of the following: 
"(A) An existing federally funded research and development 
center. 
"(B) A consortium of existing federally funded research 
and development centers £uid other nonprofit entities. 
"(C) A private sector entity (other than a federally funded 
research and development center). 
"(D) The National Defense University. 
"(3) A contract may be awarded under subparagraph (A), (B), 
or (C) of paragraph (2) only through the use of competitive proce-
dures. 
"(4) The Secretary of Defense shall ensure that there is appro-
priate coordination between the program and the Critical Tech-
nologies Institute. 
"(b) SUPERVISION OF PROGRAM.—The Secretary of Defense shall 
carry out the program through the Under Secretary of Defense 
for Acquisition. In carrying out the program, the Under Secretary 
shall consult with the Secretary of Energy, the Secretary of Com-
merce, and the Secret£^ of Labor. 
"(c) FUNCTIONS.—^TTie functions of the program shall include, 
with respect to the national technology and industrial base, the 
following: 
"(1) The assembly of timely and authoritative information. 
"(2) Initiation of studies and analyses. 
"(3) Provision of technical support and assistance to— 
"(A) the National Defense Technolo^ and Industrial 
Bcuse Council in the preparation of the periodic assessments 
required by section 2505 of this title and the periodic 
plans required by section 2506 of this title; 
"(B) the defense acquisition imiversity structure and 
its elements; and 
"(C) other departments and agencies of the Federal 
Government in accordance with guidance established by 
tiie Council. 
"(4) Dissemination, through the National Technical 
Information Service of the Department of Commerce, of 
unclassified information and assessments for further dissemina-
tion within the Federal Grovemment and to the private sector.". 
106 STAT. 2666 
PUBLIC LAW 102-484—OCT. 23, 1992 
10 u s e 2503 
note. 
C!ontracts. 
(b) DEADLINE FOR ESTABUSHMENT.—The Secretary of Defense 
shall establish the program required by section 2503 of title 10, 
United States Code, as added by subsection (a), not later than 
six months after the date of the enactment of this Act. The Secretary 
of Defense shall ensure that a contract solicitation is issued and 
a contract is awarded in a timely manner to facilitate the establish-
ment of that program within the period set forth in the preceding 
sentence. The preceding sentence shall not apply if the Secretary 
determines that the program shall be administered by the National 
Defense University. 
(c) FISCAL YEAR 1993 FUNDING.—Of the amount authorized 
to be appropriated in section 201 for Defense Agencies, $5,000,000 
shall be available for the program for analysis of tiie national 
technology and industrial base established pursuant to section 2503 
of title 10, United States Code, as added by subsection (a). 
SEC. 4214. 
CENTER 
FOR 
THE STUDY 
OF 
DEFENSE 
ECONOMIC 
ADJUST-
MENT. 
(a) CENTER FOR THE STUDY OF DEFENSE ECONOMIC ADJUST-
MENT.—Subchapter II of chapter 148, as amended by section 4213, 
is further amended by inserting after section 2503 the following: 
^§2504. Center for the Study of Defense Economic Ac^ust-
ment 
"(a) ESTABLISHMENT.—^The Secretary of Defense, in consultation 
with the National Defense Technology and Industrial Base Coimcil, 
shall establish within the National Defense University a Defense 
Economic Ac^ustment Center for the study of issues related to 
the conversion and reutilization of defense personnel, resources, 
and facilities. The Center shall be afi&liated with the Industrial 
College of the Armed Forces and the Institute for National Strategic 
Studies of the National Defense University. The activities of the 
Center shall be integrated with existing activities and studies 
regarding acquisition, mobilization, the defense industrial base, and 
reconstitution. 
"(b) PRIMARY RESPONSIBILITIES.—In conducting studies of eco-
nomic conversion, the Center shall foois on the development of 
defense economic adjustment methods and the technical assistance 
necessary to implement these methods. In accordance with proce-
dures established by the Secretary of Defense, the Center shidl 
coordinate its activities with other education and training elements 
of the Department of Defense that the Secretary may establish 
or assign to assist in accomplishing the defense reinvestment, diver-
sification, and conversion objectives set forth in section 2501(b) 
of this title. 
"(c) STAFF AND FACILITIES.—^Upon the request of the Secretary 
of Defense, the head of a Federal agency may det£ul, on a reimburs-
able basis, personnel of the agency to serve on the staff of the 
Center. 
"(d) OTHER SERVICES.—The Center may make ofiice space avail-
able to personnel of universities and defense contractors invited 
to participate in defense economic adjustment activities of the 
Center. 
"(e) ADDITIONAL CENTERS AND CONVERSION AcnvrriES.—The 
Secretary of Defense may esteblish additional defense economic 
a4justment centers or similar entities within the educational and 
training structure of the Department of Defense or may assign 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2667 
additional economic conversion functions to existing organizations 
within such structure as may be necessary to assist the Center 
established pursuant to subsection (a). These additional functions 
may include the provision of training and technical assistance to 
implement economic adjustment methods developed bv the Center." 
(b) TIME FOR ESTABLISHMENT.—The Secretary of Defense shall lo use 2504 
estabUsh the Defense E(X)nomic A4iustment Center under section 
"°^-
2504 of title 10, United States Code, as added by subsection (a), 
not later than 120 days after the date of the enactment of this 
Act. 
(c) FISCAL YEAR 1993 FUNDING.—Of the amount authorized 
to be appropriated in section 201 for Defense Agencies, $2,000,000 
shall be available for the Center for the Study of Defense Economic 
Ac[justment. 
SEC. 4215. NATIONAL TECHNOLOGY AND INDUSTRIAL BASE DEFENSE 
CAPABILITY ASSESSMENTS. 
Subchapter II of chapter 148, as amended by section 4214, 
is further amended by inserting after section 2504 the following: 
^§2506. National technology and industrial base: periodic 
defense capabilty assessments 
"(a) COMPREHENSIVE ASSESSMENT.—The National Defense 
Technology and Industrial Base Council shall, on a regular and 
periodic basis and not less often than annually through fiscal year 
1997 and biennially thereafter, prepare a comprehensive assessment 
of the capability of the national technology and industrial base 
to attain each of the national security objectives set forth in section 
2501(a) of this title. 
"(b) TECHNOLOGY AND INDUSTRIAL BASE SECTOR CAPABILITY 
ANALYSIS.—^Each assessment under subsection (a) shall include the 
foUoMong: 
"(1) An analysis of the role, capability, and continued eco-
nomic viability of those technology and industrial base sectors 
that are critical to attaining eacti of the objectives set forth 
in section 2501(a) of this title. 
"(2) An analysis of the present and projected financial 
condition of each technology and industrial base sector. 
"(3) An analysis of the impact of the terminations and 
significant reductions of m^or research and development pro-
grams and procurement programs of the Department of Defense 
on the capability of those technology and industrial base sectors 
that are critical to attaining each of the national security objec-
tives set forth in section 2501(a) of this title during a period 
of reduction in defense expenditures. 
"(4) A critical technology analysis that identifies the prod-
uct and process technologies that are most critical for attaining 
the national security objectives set forth in section 2501(a) 
of this title. 
"(c) FOREIGN DEPENDENCY CONSIDERATIONS.—In the prepara-
tion of the periodic assessment, the Council shall include consider-
ations of 
foreign dependency. 
"(d) ISSUANCE.—The Secretary of Defense shall prescribe by Regulations. 
regulation a schedule for the completion of the periodic assessment 
that ensures sufficient time for the consideration of the assessment 
in the preparation of the i>eriodic national technology and industrial 
base plan required by section 2506 of this title.". 
106 STAT. 2668 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 4216. NATIONAL TECHNOLOGY AND INDUSTRIAL BASE PLAN AND 
MAJOR DEFENSE PROGRAM PLANNING. 
(a) MULTIYEAR PLAN.—Subchapter II of chapter 148, as amend-
ed by section 4215, is further amended by inserting after section 
2505 the following: 
^§2506. National technology and industrial base: periodic 
defense capability plan 
"(a) IN GENERAL.—^The National Defense Technology and Indus-
trial Base Coimcil shall prepare annually through fiscal year 1997 
and biennially thereafter a multiyear plan for ensuring, to the 
maximum extent practicable, that the policies and programs of 
the Department o
f
^ Defense, the Department of Energy, and other 
departments and agencies of the Federal Government are planned, 
coordinated, funded, and implemented in a manner designed to 
attain each of the national security objectives set forth in section 
2501(a) of this title. In preparing each plan, the Council shall 
take into account the most recent national technology and industrial 
base assessment prepared pursuant to section 2505 of this title. 
"(b) PROGRAM GUIDANCE To BE INCLUDED m PLAN.—Each plan 
under subsection (a) shall also provide specific guidance (including 
goals, milestones, and priorities) for the following: 
"(1) National defense programs and policies of the Depart-
ment of Defense and Department of Energy that are necessary 
to ensure the continued viability of each technology and indus-
trial base sector that is necessary to support uie objectives 
stated in section 2501(a) of this title. 
"(2) National defense programs and policies of the Depart-
ment of Defense and Department of Energy that are necessary 
in each such sector— 
"(A) to reduce dependence on foreign sources that could 
create a military vulnerability; and 
"(B) to provide for alternative sources in the event 
that the foreign sources become unavailable. 
"(3) The composition and management of the Defense 
Industrial Reserve under section 2535 of this title. 
"(4) National defense programs and poUcies of the Depart-
ment of Defense and Department of Energy relating to manu-
facturing technology. 
"(5) Development of each defense critical technology. 
"(6) Ensuring that financial policies of the Department 
of Defense and Department of Energy (for national security 
programs) are designed to meet the policies set forth in section 
2501 of this title. 
"(7) Encouragement of the effective use of commercial prod-
ucts and processes by the Department of Defense and tiie 
Department of Energy for national security programs. 
"(8) For each plan through fiscal year 1997, national 
defense programs and policies of the Department of Defense 
and Department of Energy relating to the transition from eco-
nomic dependence on defense expenditures of those technology 
and industrial base sectors and businesses that are at least 
partially dependent economically on defense expenditures. 
"(9) Eniiancement of the slalls and capabilities of the work 
force in the national technology and industrial base in support 
of the national security objectives set forth in section 2501(a) 
of this title. 
^
^ -
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2669 
"(10) Enhancement of the efifectiveness of the mcgor defense 
acquisition program regulations prescribed pursuant to section 
2430(b) of this title. 
"(c) LONG-RANGE PLANS.—Each plan through fiscal year 1997 
shall include the following: 
"(1) A long-range plan for technology development and 
use of model demonstration defense facilities for environmental 
restoration and waste management. 
"(2) A long-range plan to develop advanced technology to 
carry out transportation projects that further the national secu-
rity objectives set forth in section 2501(a) of this title. 
"(3) A long-range national security energy technology plan 
to further the national security objectives of section 2501(a) 
of this title. 
"(4) A long-range national defense 
communications 
networking plan to further the national security objectives of 
section 2501(a) of this title. 
"(d) 
ACQUISITION 
REFORM 
GUIDANCE.—Each plan 
shall 
include— 
"(1) recommendations for legislation that the Coimcil 
considers appropriate for eliminating any adverse effect of Fed-
eral law on the capability of the national technology and indus-
trial base to further the national security objectives set forth 
in section 2501(a) of this title; and 
"(2) specific guidance to ensure that maximum use is made 
of authority to waive regulations or conduct test programs 
in pursuit of such objectives. 
"(e) ISSUANCE.—(1) The Secretary of Defense shall provide the 
plan to the Secretaries of the miUtary departments and the heads 
of the other elements of the Department of Defense not later than 
the date on which the Secretary provides those officials with the 
guidance required by section 113(g)(1) of this title. 
"(2) The Secretary of Defense shall transmit to Congress, not 
later than March 31 of each year through 1997 and every odd-
numbered year thereafter— 
"(A) the plan prepared under this section, including any 
changes necessary to reflect the budget submitted by the Presi-
dent during that year under section 1105 of title 31; and 
"(B) the national technology and industrial base periodic 
assessment prepared pursuant to section 2505 of this title 
that pertains to such plan and budget. 
"(3) The plan and assessment shall be submitted to Congress 
in classified and unclassified forms. Proprietary information that 
may be withheld from disclosure under section 552 of title 5 shall 
be provided only in the classified version.". 
(b) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE PLANNING 
FOR MAJOR PROGRAMS.—(1) Chapter 144 of title 10, United States 
Code, as amended by section 821, is further amended by adding 
at the end the following new section: 
'*§2440. Technology and Industrial Base Plans 
"The Secretary of Defense shall prescribe regulations requiring Regulations. 
consideration of the national technology and industrial base in 
the development and implementation of acquisition plans for each 
m^or defepse acquisition program.". 
106 STAT. 2670 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) The table of sections at the beginning of such chapter, 
as amended by section 821, is further amended by adding at the 
end the following: 
'12440. Technology and industrial base plans.". 
SEC. 4217. DATA COLLECTION AUTHORITY. 
Subchapter II of chapter 148, as amended by section 4216, 
is further amended by inserting after section 2506 the following 
new section: 
*
*
§ 2507. Data collection authority of President 
''(a) The President shall be entitled, by regulation, subpoena, 
or otherwise, to obtain such information from, require such reports 
and the keeping of such records by, make such inspection of the 
books, records, and other writings, premises or property of, and 
take the sworn testimony of, and administer oaths ana affirmations 
to, any person as may be necessary or appropriate, in the President's 
discretion, to the enforcement or the administration of this chapter 
and the regulations issued under this chapter. 
Regulations. 
"(b) The President shall issue regulations insuring that the 
authority of this section will be used only after the scope and 
E
urpose of the investigation, inspection, or inquiry to be made 
ave been defined bv competent authority and it is assured that 
no adequate and authoritative data are available from any Federal 
or other responsible agency. 
"(c) Any person who willfiilly performs any act prohibited or 
willfully fails to perform any act required by the provisions of 
subsection (a), or any rule, regulation, or order thereunder, shall 
be fined under title 18 or imprisoned not more than one year, 
or both. 
"(d) Information obtained under section (a) which the President 
deems confidential or with reference to which a request for confiden-
tial treatment is made by the person furnishing such information 
shall not be published or disclosed imless the President determines 
that the withholding thereof is contrary to the interest of the 
national defense. Any person who willfully violates this subsection 
shall be fined under title 18 or imprisoned not more than one 
year, or both. 
"(e) The President may make such rules, regulations, and orders 
as he considers necessary or appropriate to carry out the provisions 
of this section. Any regulation or order under this section may 
be established in such form and manner, may contain such classi-
fication and differentiations, and may provide for such aciiustments 
and reasonable exceptions as in tne judgment of the President 
are necessary or proper to effectuate the purposes of this section, 
or to prevent circumvention or evasion, or to facilitate enforcement 
of this section, or any rule, regulation, or order issued under this 
section. 
"(f) In this section: 
"(1) The term 'person' includes an individual, corporation, 
partnership, association, or any other organized group of per-
sons, or legal successor or representative of the foregoing, and 
includes the United States or any agency thereof, or any other 
« 
government, or any of its political subdivisions, or any agenqr 
of any of the foregoing, except that no punishment provided 
by tms section shall apply to the United States, or to any 
such government, political subdivision, or government agency. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2671 
"(2) The term 'national defense' means programs for mili-
tary and atomic energy production or construction, military 
assistance to any foreign nation, stockpiling, space, and directly 
related activity. . 
SEC. 4218. IMPLEMENTATION OF REQUIREMENTS FOR ASSESSMENT, 
10 USC 2501 
PLANNING, AND ANALYSIS. 
note 
(a) REGULATIONS.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall prescribe 
regulations, including milestones for actions, to ensure the timely 
and thorough collection of information, completion of assessments, 
and issuance of plans to be accomplished by the Secretary of Defense 
that are required by the provisions of subchapter II of chapter 
148. Such regulations shall be prescribed in consultation with the 
other heads of departments comprising the National Defense Tech-
nology^ and Industrial Base Coimcil. 
(b) FIRST ASSESSMENT AND PLAN.—(1) The first assessment 
required by section 2505 of title 10, United States Code, as added 
by section 4215, shall be completed not later than September 30, 
1993. 
(2) The first plan required by section 2506 of such title, as 
added by section 4216, shall be completed not later than 
December 1,1993. 
(3) The Secretary may prescribe regulations authorizing the 
presentation of information in a preliminaiy form in the first peri-
odic assessment and the first periodic plan to the extent that 
the necessary information cannot reasonably be collected, analyzed, 
or presented in accordance with section 2505 or 2506, respectively, 
of title 10, United States Code, by the dates specified in paragraphs 
(l)and(2). 
(c) TEXTILES.—^The periodic national technology and industrial 
base assessment submitted to Congress pursuant to section 2506(e) 
of title 10, United States Code, shall include, through 1995, a 
specific assessment of the capability of the domestic textile and 
apparel industrial base of the United States to support national 
defense mobilization requirements. Each such assessment shall 
include the following: 
(1) An identification of textile and apparel mobilization 
requirements of the Department of Defense that cannot be 
satisfied on a timely basis by domestic industries. 
(2) An assessment of the effect that any inadequacy in 
the textile and apparel industrial base would have on a 
mobilization. 
(3) Recommendations for ways to alleviate any such inad-
equacy that the Secretary considers critical to national defense 
mobihzation requirements. 
SEC. 4219. IMPLEMENTING 
REGULATIONS 
CONCERNING 
THE 
10 USC 2505 
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE PERI- note. 
ODIC ASSESSMENT. 
(a) RULE OF CONSTRUCTION.—Except as otherwise expressly 
provided, in this section each reference to a section is a reference 
to a section of title 10, United States Code. 
(b) INITIAL REGULATIONS.—The Secretary of Defense shall 
ensure that the initial regulations prescribed to implement section 
2505 provide that the periodic assessment required by such section 
address the matters set forth in this section. 
106 STAT. 2672 
PUBLIC LAW 102-484—OCT. 23, 1992 
(c) SECTOR ROLE ANALYSIS.—The initial regulations shall pro-
vide that the analysis required by section 2505(bXl), concerning 
the role and capability of each technology and industrial base sector 
in furthering each of the national security objectives of section 
2501(a), include the following: 
(1) An analysis of the current and projected capability 
of each sector to attain each such objective for each of the 
following periods: 
(A) The fiscal year during which the assessment is 
submitted to Congress pursuant to section 2506(e). 
(B) The following fiscal year. 
(C) The multiyear period covered by the future-years 
defense program submitted under section 221 during the 
fiscal year referred to in subparagraph (A). 
(2) For each period described in paragraph (1), an analysis 
of the present and projected capabilities of prime contractors, 
subcontractors, the Defense Industrial Reserve, and depart-
ments and agencies of the Federal Government with respect 
to each of the following: 
(A) Research and development, including research and 
development regarding the critical technologies identified 
in the analysis pursuant to section 2505(bX4). 
(B) Application of critical technologies to the production 
of goods and the furnishing of services. 
(C) Test and evaluation. 
(D) Low rate production. 
(E) High volume production. 
(F) Repair and maintenance. 
(G) Design and prototyping. 
(H) Work force skills and capabilities, including 
improvements that build on the skill and experience of 
the work force. 
(d) FINANCIAL CAPABILITY ANALYSIS.—The initial regulations 
shall provide that the analysis required by section 2505(bX2), 
concerning the present and projected financial capability of each 
technology and industrial base sector, specifically consider the fol-
lowing matters: 
(1) Trends in the following: 
(A) Profitability. 
(B) Levels of capital investment. 
(C) Expenditures on research and development. 
(D) Levels of debt. 
(2) The effects of actual and potential commercial sales. 
(3) The consequences of mergers, acquisitions, and take-
overs. 
(4) The effects of Department of Defense financial policies, 
including the following: 
(A) Policies relating to progress payments or other 
financing by the Department of Defense. 
(B) Policies relating to the return on contractor invest-
ment. 
(C) Policies relating to the allocation of contract risk 
between the Department of Defense and a contractor. 
(5) The effects of expenditures in the technology and indus-
trial base sector by departments and agencies or the Federcd 
Government other than the Department of Defense and tlie 
Department of Energy (for national security programs). 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2673 
(6) The analysis required by section 2505(b)(3). 
(e) ANALYSIS OF IMPACT OF DEPARTMENT OF DEFENSE REDUC 
TIONS.—^The initial regulations shall provide that, in the periodic 
assessment, the analysis required by section 2505(bX3), concerning 
the impact of terminations and significant reductions of programs 
referred to in such section on the capability of each technology 
and industrial base sector to further each of the national security 
objectives set forth in section 2501(a), specifically consider the 
impact of the terminations and significant reductions that— 
(1) have taken place in the fiscal year before the fiscal 
year in which such periodic assessment is submitted to Con-
gress pursuant to section 2506(e); or 
(2) are provided for— 
(A) in the budget submitted to Congress by the Presi-
dent in that fiscal year; and 
(B) in the future-years defense program submitted with 
such budget. 
(f) CRITICAL TECHNOLOGY ANALYSIS.—The initial regulations 
shall provide, with respect to the critical technology analysis 
required by section 2505(bX4), the following: 
(1) That the number of technologies so identified not exceed 
20. 
(2) That the analysis be prepared in consultation with 
the Critical Technologies Institute. 
(3) That, for each technology, the analysis include the fol-
lowing: 
(A) The reasons for selection of that technology as 
a technology critical to the Department of Defense. 
(B) The potential dual-use applications of that tech-
nology. 
(C) The relationship between the activities of the 
Department of Defense and other Federal agencies in the 
development of that technology. 
(D) The potential contributions that the private sector 
can be expected to m£ike from its own resources in connec-
tion with the development of civilian applications for such 
technology. 
(E) A comparison of the position of the United States 
to the positions of other nations in the development of 
that technology, including the potential contributions that 
other nations can make to meeting the needs of the United 
States for that technology. 
(g) ECONOMIC VIABIUTY ANALYSIS.—(1) The initial regulations 
shall provide that the economic viability analysis required by section 
2505(bX5) include, for each of the periods described in subsection 
(cXl) of this section, an analysis of the following matters: 
(A) The extent to which each technology and industrial 
base sector is— 
(i) dependent on defense expenditures to ensure contin-
ued viability; 
(ii) dependent on a mix of defense and nondefense 
Federal Government expenditures to ensure continued 
viability; 
(iii) dependent on a mix of Federal Government 
expenditures and other Federal Government programs to 
ensure continued viability; and 
106 STAT. 2674 
PUBLIC LAW 102-484—OCT. 23, 1992 
(iv) sufficiently integrated with the commercial market-
place to ensure continued viability regardless of the level 
of Federal Government expenditures in the technology and 
industrial base sector. 
(B) The extent to which each technology and industrial 
base sector is capable o
f
— 
(i) ongoing production with a present capability for 
high volume production; 
(ii) maintenance of a production base that can be con-
verted to high volume production within a reasonable 
period of time; or 
(iii) reconstitution of a production base that can 
reinstate high volume production within a reasonable 
period of time. 
(2) The analysis shall specifically identify any technology and 
industrial base sectors and any entities within technology and 
industrial base sectors that should be considered for inclusion in 
the Defense Industrial Reserve. 
(h) FOREIGN DEPENDENCY CONSIDERATIONS.—The initial regula-
tions shall provide that the foreign dependency considerations taken 
into account in the preparation of the periodic assessment pursuant 
to section 2505(c) include, for each technology and industrial base 
sector, the following factors: 
(1) The availability of essential raw materials, special 
alloys, composite materials, components, subsystems, produc-
tion equipment, facilities, special tooling, and production test 
equipment for— 
(A) the sustained production of systems fully capable 
of meeting the performance objectives established for those 
systems; 
(B) the uninterrupted maintenance and repair of such 
systems; and 
(C) the sustained operation of such systems. 
(2) The identification of items specified in paragraph (1) 
that are available only from sources outside the national tech-
nology and industrial base. 
(3XA) The availability of alternatives for obtaining such 
items fh)m within the national technology and industrial base 
if such items become unavailable from sources outside the 
national technology and industrial base. 
(B) An analysis of any military vulnerability that could 
result from the lack of reasonable alternatives. 
(4) The effects on the national technology and industrial 
base that result from foreign acquisition of firms in the United 
States, 
(i) DEFINITIONS.—In this section: 
(1) The term "continued viability means the capability 
to attain the national security objectives set forth in section 
2501(a). 
(2) The term "defense expenditure" means an expenditure— 
(A) by the Department of Defense; or 
(B) by the Department of Energy for a national security 
program. 
(3) The term "Defense Industrial Reserve" is the Defense 
Industrial Reserve established by section 2535. 
(4) The term "future-years defense pro-am" means the 
future-years defense program required by section 221. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2675 
(5) The term "national technology and industrial base" 
has the meaning given that term in section 2491. 
(6) The term "periodic assessment" means the periodic 
assessment required oy section 2505. 
(7) The term "section 2501 objectives" means the objectives 
set forth in section 2501. 
(8) The term "significant reduction", with respect to 
expenditures for a program for a fiscal year, means tnat the 
amount provided for that program for that fiscal year in the 
budget. Acts authorizing appropriations, appropriations Acts, 
or me fiiture years defense program for that fiscal year is 
less than the amount provided for that program for the preced-
ing 
fisc€d 
}reax in the Dudget, Acts authorizing appropriations, 
appropriations Acts, or the fiiture years defense program, 
respectively, for that preceding 
fiscal 
year by at least— 
(A) the greater of— 
(i) the amoimt equal to 10 percent of the amount 
provided for that preceding 
fiscal 
year; or 
(ii) $5,000,000; or 
(B) a lesser amount determined significant by the Sec-
retary of Defense or the National Defense Technology and 
Industrial Base Coimcil. 
(9) Tlie term "technology and industrial base sector" has 
the meaning given such term in section 2491. 
SEC. 4220. IMPLEMENTING 
REGULATIONS 
CONCERNING 
THE 
10 USC 2506. 
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE PERI-
ODIC PLAN. 
(a) RULE OF CONSTRUCTION.—Except as otherwise expressly 
provided, in this section each reference to a section is a reference 
to a section of title 10, United States Code. 
(b) INITIAL REGULATIONS.—The Secretary of Defense shall 
ensure that the initial regulations prescribed to implement section 
2506 provide that the national technology and industrial base plan 
required by such section include the matters set forth in subsections 
(c) through (f). 
(c) M
A
N
U
F
A
C
T
U
R
I
N
G T
E
C
H
N
O
L
O
G
Y GUIDANCE.—The initial regu-
lations shall require that the guidance provided for manufacturing 
technology pursuant to section 2506(bX4) indude guidance witn 
respect to the following: 
(1) The National Defense Manufacturing Technology Pro-
gram established under section 2521. 
(2) The support of manufacturing extension programs under 
section 2523. 
(3) Programs to enhance basic rese£u*ch in scientific dis-
ciplines relating to manufacturing technology through— 
(A) encouraging research in colleges and universities 
in the United States and in associated centers of excellence; 
and 
(B) establishing technology transfer mechanisms, and 
technology education and traimng mechanisms, that ensure 
that the results of such research are readily available to 
United States industry. 
(4) Programs for encouraging the use of computer-
integrated manufacturing to improve manufacturing quality, 
reduce manufacturing costs, reduce production lead times, and 
improve maintenance. 
106 STAT. 2676 
PUBLIC LAW 102-484—OCT. 23, 1992 
(5) Programs for enhancing Department of Defense use 
of concurrent engineering practices in the design and develop-
ment of weapon systems. 
(6) Programs providing incentives for firms in the national 
technology and industrial base to use advanced manufacturing 
technology and processes and to invest in improved produc-
tivity. 
(7) Programs for encouraging research in colleges and 
universities and in other technology development and extension 
programs in the United States tor development of systems 
that build on the skill and experience of workers. 
(8) Programs for assisting in the transition to high perform-
ance work systems, including ongoing worker involvement in 
the evaluation, selection, and installation and operation of 
production technologies and associated organization or work. 
(d) CRITICAL TECHNOLOGIES GUIDANCE.—The initial regulations 
shall require that the guidance provided pursuant to section 
2506(bX5) for the development of each critical technology include 
the following: 
(1) The specific funding requirements of the Department 
of Defense, the Department of Energy and other departments 
and agencies of the Federal Grovemment for the development 
of the technology for the 5 fiscal years following the fiscal 
year in which the plan is submitted to Congress pursuant 
to section 2506(e). 
(2) A designation of the lead organization within the 
Department of Defense or the Department of Energy to be 
responsible for the development of the technology. 
(3) A summary description of the lead organization's plan 
for the development of the technology, including the milestone 
goals. 
(e) FINANCIAL POUCY GUIDANCE.—The initial regulations shall 
require that the guidance provided pursuant to section 2506(bX6) 
with regard to financial policies of the Department of Defense 
and the Department of Energy (for national security programs) 
include guidance with respect to the following: 
(1) Policies relating to progress payments or other financing 
by the Department of Defense. 
(2) Policies relating to the return on contractor investment. 
(3) Policies relating to the allocation of contract nsk 
between the Department of Defense and a contractor. 
(f) COMMERCIAL-MILITARY INTEGRATION GUIDANCE.—The initial 
regulations shall require that the guidance provided pursuant to 
section 2501(c) regarding integration of commercial products and 
processes into Federal acquisition practices include guidance with 
respect to the following: 
(1) Expanding the use of comjnercial specifications in place 
of Federal Government specifications. 
(2) Increasing the use of commercial manufacturing proc-
esses instead of processes specified by the Federal Grovemment. 
(3) Reducing the extent of unique government regulatory 
requirements relating to accounting and acquisition. 
(4) Identifying and ensuring the effective application by 
the Department of Defense and the Department of Energyr 
(for national security programs) of researcn, technologies, prod-
ucts, information, and practices developed by other departments 
and agencies of the Federal (zovemment, State and local 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2677 
governments, colleges and universities, nonprofit organizations, 
£uid commercial enterprises. 
(5) Identifying effective mechanisms for transferring tech-
nology and related information, to the maximum extent prac-
ticable, from the Department of Defense and Department of 
Energy to other departments and agencies of the Federal 
Government, State and local governments, colleges and imiver-
sities, nonprofit organizations, and commercial enterprises. 
(6) Ensuring, to the maximum extent practicable, that tech-
nology and related information are so transferred. 
(g) MAJOR PROGRAM GUIDANCE.—The initial regulations 
implementing section 2430(b), shall provide that the acquisition 
plan for each mcgor defense acquisition program include provisions 
for the following: 
(1) An analysis of the capabilities of the national technology 
and industrial base to develop, produce, maintain, and support 
such program, including consideration of the factors set forth 
in section 4219(h). 
(2) Consideration of requirements for efficient manufacture 
during the design and production of the systems to be procured 
under the program. 
(3) The use of advanced manufacturing technology, proc-
esses, and systems during the research and development phase 
and the production phase of the program. 
(4) To the maximum extent practicable, the use of contract 
solicitations that encourage competing offerors to acquire, for 
use in the performance of the contract, modem technology, 
production equipment, and production systems (including hard-
ware and software) that increase the productivity of the offerors 
and reduce life-cycle costs. 
(5) Encouragement of investment by United States domestic 
sources in advanced manufacturing technology production 
equipment and processes through— 
(A) recognition of me contractor's investment in 
advanced manufacturing technology production equipment, 
processes, and organization of work systems that build 
on workers' skill and experience, and work force skill devel-
opment in the development of the contract objective; and 
(B) increased emphasis in source selections on the effi-
ciency of production. 
(6) Expanded use of commercial manufacturing processes 
rather than processes specified by the Department of Defense. 
(7) Elimination of barriers to, and facilitation of, the 
integrated manufacture of commercial items and items being 
produced under Department of Defense contracts. 
(8) Expanded use of commercial products as set forth in 
section 2325. 
Subtitle C—^Programs for Development, Application, and 
Support of Dual-Use Technologies 
SEC. 4221. DEFENSE DUAL-USE CRITICAL TECHNOLOGY PARTNER-
SHIPS. 
(a) RECODIFICATION OF PROVISION.—Subchapter III of chapter 
148, as established by section 4202, is amended by inserting after 
the table of sections the following: 
106 STAT. 2678 
PUBLIC LAW 102-484—OCT. 23, 1992 
^§ 2511. Defense dual-use critical technology partnerships 
"(a) ESTABUSHMENT OF PARTNERSHIPS.—The Secretary of 
Defense shall conduct a program to further the national security 
objectives set forth in section 2501(a) of this title, by providing 
for the establishment of cooperative arrangements (hereinafter in 
this section referred to as 'partnerships') between the Department 
of Defense and entities referred to in subsection (b) in order to 
encourage and provide for research, development, and application 
of dual-use critical technologies. The Secretary may make grants, 
enter into contracts, or enter into cooperative agreements and other 
transactions pursuant to section 2371 of this title in order to estab-
Ush the partnerships. 
"(b) NON-DEPARTMENT OF DEFENSE PARTICIPANTS.—In the case 
of each partnership, the entities with which the Secretary enters 
into the partnership shall include two or more eligible firms or 
a nonprofit research corporation established by two or more eligible 
firms and, may also include, as determined appropriate by the 
Secretary of Defense, a Federal laboratory or laboratories. Govern-
ment-owned and operated industrial facilities, institutions of higher 
education, agencies of State governments, and other entities that 
E
articipate in the partnership by supporting the activities conducted 
y such firms or corporations under this section. 
"(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT 
PARTICIPANTS.—^The Secretary of Defense shall ensure that, to the 
maximimi extent he determines to be practicable, the amount of 
the funds provided by the Federal Grovemment under a partnership 
does not exceed the total arroimt provided by non-Federal Govern-
ment participants in that partnership. 
"(d) ASSISTANCE AUTHORIZED.—The Secretary of Defense may 
provide a partnership with technical and other assistance to facili-
tate the achievement of the purposes of this section. In providing 
such assistance, the Secretary shall make available, as appropriate 
for the work to be performed by each partnership, equipment and 
facilities of Department of Defense laboratories (including the sci-
entists and engineers at those laboratories) to a partnership recog-
nized under this section for purposes of any project that is approved 
by the Secretary. 
"(e) SELECTION PROCESS.—Competitive procedures shall be used 
in the establishment of partnerships, except that procedures other 
than competitive procedures may be used in any case in which 
an exception set out in section 2304(c) of this title applies. 
"(f) SELECTION CRITERIA.—The criteria for the selection of pro-
posed partnerships for establishment under this section snail 
include the following: 
"(1) The extent to which the program proposed to be con-
ducted by the partnership advances and enhances the national 
security objectives set forth in section 2501(a) of this title. 
"(2) The technical excellence of the program proposed to 
be conducted by the partnership. 
"(3) The qualifications of the personnel proposed to partici-
pate in the partnership's research activities. 
"(4) An assessment of timely private sector investment 
in activities to achieve the goals and objectives of the proposed 
partnership other than through the partnership. 
"(5) The potential effectiveness of the partnership in the 
further development and application of each technology pro-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2679 
posed to be developed by the partnership for the national tech-
nology and industrial base. 
"(6) The extent of the financitd commitment of eligible 
firms to the proposed partnership. 
"(7) The extent to which the partnership does not unneces-
sarily duplicate projects undertaken by other agencies. 
"(8) Such other criteria that the Secretary prescribes. 
"(g) REGULATIONS.—^The Secretary of Defense shall prescribe 
regulations for the purposes of this section.". 
(b) FISCAL YEAR 1993 PROJECTS.—During fiscal year 1993, 
projects carried out in cooperation with partnerships under section 
2511 of title 10, United States Code, shall include projects in 
the following areas or involving technologies that otherwise fiuther 
the objectives set forth in section 2501(a) of such title: 
(1) Digital communications and processing methods. 
(2) Optical electronics. 
(3) Lightweight, low-clearance multipassenger ground 
vehicles. 
(4) Advanced materials, including precision forging tech-
nologies to meet high-strengUi, low-weight design criteria. 
(5) Interferrometric synthetic aperture radar technology. 
(6) Electrical propulsion of ground vehicles for reduced 
signature emission. 
(7) Marine biotechnology. 
(8) Environmentally compliant manufacturing technologies 
for production of computers for military and nonmilitary use 
as may be identified by a partnership. 
(9) Fuel cell and high-density energy storage. 
(10) Unexploded ordnance disposal technology. 
(11) Microchip Module integration. 
(12) Robotics application to defense environmental restora-
tion activities. 
(13) Integrated 
teleconmiunications technologies 
for 
advanced manufacturing. 
(14) Advanced automatic control systems technology. 
(c) FUNDING.—Of tlie amoimt authorized to be appropriated 
in section 201 for Defense Agencies, $100,000,000 shall be available 
for defense dual-use critical technology partnerships under section 
2511 of title 10, United States Code, as added by subsection (a). 
SEC. 4222. C
O
M
M
E
H
C
I
A
L
-
M
I
L
I
T
A
R
Y INTEGRATION PARTNERSHIPa 
(a) PROGRAM REQUIRED.—Subchapter III of chapter 148, as 
amended by section 4221, is further amended by inserting after 
section 2511 the following: 
*
*
§ 2512. Commercial-military integration partnerships 
"(a) E
S
T
A
B
U
S
H
M
E
N
T O
F PARTNERSHIPS.—The Secretary of 
Defense shaU conduct a program to further the national security 
objectives set forth in section 2501(a) of this title by providing 
for the establishment of cooperative arrangements (hereinafter in 
this section referred to as 'partnerships') between the Department 
of Defense and one or more eligible firms and nonprofit research 
corporations referred to in section 2511(b) of this title. A partnership 
may also include, as determined appropriate by the Secretiuy of 
Defense, a Federal laboratory or lalx>ratories, institutions of higher 
education, agencies of State governments, and other entities that 
106 STAT. 2680 
PUBLIC LAW 102-484—OCT. 23, 1992 
participate in the partnership by supporting the activities conducted 
by such firms or corporations under this section. 
*
*
(
b
) ASSISTANCE AUTHORIZED.—(1) The Secretary may make 
grants, enter into contracts, and enter into cooperative agreements 
and other transactions pursuant to section 2371 of this title in 
order to estabUsh the partnerships. 
"(2) The Secretarv may not enter into a partnership under 
this section for a period longer than 5 years. 
"(3) The Secretary may provide a partnership with technical 
and other assistance to facilitate the achievement of the purposes 
of this section, subject to the limitations in subsection (c). 
"(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT 
PARTICIPANTS.^1) The Secretary shall ensure that the amount 
of funds provided by the Secretary under a partnership does not 
exceed the maximum authorized percentage of the toted cost of 
partnership activities. 
"(2) The maximum authorized percentage of funding referred 
to in paragraph (1) for each year of a partnership is as follows: 
"(A) 50 percent in the nrst year. 
"(B) 40 percent in the second year. 
*
*
(
C
) 30 percent in the each of the third, fourth, and fifth 
years. 
Regulations. 
(3XA) The Secretary shall prescribe regulations to provide 
for consideration of in-kind contributions by non-Federal Govern-
ment participants in a partnership for the purpose of determining 
the share of the partnership costs that has been or is being under-
taken by such participants. 
"(B) The regulations shall also ensure that the in-kind contribu-
tions of nonprofit institutions and small businesses are considered 
included, to the maximum extent practicable, in the non-Federal 
Government share of the cost of the partnership. 
"(d) SELECTION PROCESS.—Competitive procedures shall be used 
in the establishment of partnershms. 
"(e) SELECTION CRITERIA.—^Tne criteria for the selection of a 
proposed partnership for establishment under this section shall 
include the following: 
"(1) The extent to which the program proposed to be con-
ducted by the partnership advances and eimances the national 
security objectives set forth in section 2501(a) of this title. 
"(2) The technical excellence of the program proposed to 
be conducted by the partnership. 
"(3) The qualifications of the personnel proposed to partici-
pate in the partnership's research activities. 
"(4) An assessment that timely private sector investment 
in activities to achieve the goals and objectives of the proposed 
partnership other than through the partnership. 
"(5) The potential effectiveness of the partnership in the 
further development and application of each technology pro-
posed to be developed by the partnership for the industrial 
and technology base. 
"(6) The extent of the financial commitment of the eligible 
firms to the proposed partnership. 
"(7) The likeUhood that the partnership will develop tech-
nologies that are sufficiently viable in the commercial sector 
80 that such technologies will be available to meet the future 
reconstitution requirements and other needs of the Department 
of Defense described in the most recent national technology 
PUBLIC LAW 102-484—(X)T. 23, 1992 
106 STAT. 2681 
and industrial base plan prepared under section 2506 of this 
title. 
"(8) The likelihood that, within five years after the 
establishment of the partnership (or a lesser period established 
by the Secretary), Federal Government funding of the partner-
ship will not be necessary. 
"(9) The extent to which the partnership does not unneces-
sarily duplicate programs undertaken by other Federal agen-
cies. 
"(10) Such other criteria as the Secretary prescribes.", 
(b) FUNDING.—Of the amount authorized to be appropriated 
in section 201 for Defense Agencies, $50,000,000 shall be available 
for commercial-military integration partnersldps under section 2512 
of title 10, United States Code, as added by subsection (a). 
SEC. 4228. REGIONAL TECHNOLOGY ALUANCES ASSISTANCE PRO* 
GRAM. 
(a) TRANSFER AND REDESIGNATION OF SECTION.—Section 2524 
of title 10, United States Code (relating to critical technology 
application centers) is transferred to subchapter III of chapter 148, 
inserted after section 2512 (as added by section 4222), and redesig-
nated as section 2513. 
(b) TERMINOLOGY CHANGE.—(1) Such section (as so transferred 
and redesignated) is amended— 
(A) by striking out "regional critical technology application 
centers" in subsection (a) and inserting in lieu thereof ^regional 
technology alliances"; 
(B) by striking out "regional critical technology am>lication 
center" in subsection (b) and inserting in lieu thereof nregional 
technology alliance"; and 
(C) by striking out "critical technology application center" 
and "center" each time such terms appear and inserting in 
lieu thereof "regional technology alliance . 
(2) The heading of such section is amended to read as follows: 
''§2513. Regional technology alliances assistance program". 
(c) PROGRAM OBJECTIVES.—Subsection (a) of such section is 
amended by striking out "provide" and inserting in lieu thereof 
"further the national security objectives set forth in section 2501(a) 
of this title by providing". 
(d) PROGRAMS PARTICIPANTS.—Subsection (cX2XB) of such sec-
tion is amended by adding at the end the following new clause: 
"(iii) an institution of higher education designated by 
a State or local government.". 
(e) MAXIMUM ASSISTANCE.—(1) Subsection (dXlXA) of such sec-
tion is amended by striking out "30 percent" and inserting in 
lieu thereof "50 percent"., 
(2) Subsection (eXD of such section is amended by striking 
out "70 percent" and inserting in lieu thereof "50 percent". 
(0 AMENDMENT TO CROSS REFERENCE.—Subsection (g) of such 
section is amended by striking out "2523" and inserting in lieu 
thereof "2511". 
(g) FUNDING.—Of the amount authorized to be appropriated 
in section 201 for Defense Agencies, $100,000,000 shall be available 
for defense regional technology alliances under section 2513 of 
title 10, United States Code, as redesignated by subsection (a). 
106 STAT. 2682 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 4224. ENCOURAGEMENT OF TECHNOLOGY TRANSFER. 
(a) IN GENERAL.—Subchapter III of chai>ter 148, as amended 
by section 4223, is further amended by inserting after section 2513 
the following: 
''§2614. Encouragement of technology transfer 
"(a) ENCOURAGEMENT OF TRANSFER REQUIRED.—The Secretary 
of Defense shall encourage, to the extent consistent with national 
security objectives, the transfer of technolo^ between laboratories 
and research centers of the Department of Defense and other Fed-
eral agencies. State and local governments, colleges and univer-
sities, and private persons in cases that are likely to result in 
accompUshing the objectives set forth in section 2501(a) of this 
title. 
"(b) EXAMINATION AND IMPLEMENTATION OF METHODS To 
ENCOURAGE TRANSFER.—^The Secretary shall examine and imple-
ment methods, in addition to the encouragement referred to in 
subsection (a) and the program described in subsection (c), that 
are consistent with national security objectives and will enable 
Department of Defense personnel to promote technology transfer. 
"(c) PROGRAM TO ENCOURAGE DIVERSIFICATION OF DEFENSE 
LABORATORIES.—(1) The Secretary of Defense shall establish and 
implement a program to be known as the Federal Defense Labora-
tory Diversification Program (hereinafter in this subsection referred 
to as the 'Program'). The purpose of the Program shall be to encour-
age greater cooperation in research and production activities carried 
out by defense laboratories and by private industry of the United 
States in order to enhance and improve the products of such 
research and production activities. 
"(2) Under the Program, the defense laboratories, in coordina-
tion with the Office of Technology Transfer in the Office of the 
Secretary of Defense, shall carry out cooperative activities with 
private industry in order to promote (by the use or exchange of 
patents, licenses, cooperative research and development agreements 
and other cooperative agreements, and the use of symposia, meet-
ings, and other similar mechanisms) the transfer of defense or 
dual-use technologies from the defense laboratories to private indus-
try, and the development and application of such technologies by 
the defense laboratories and private industry, for the purpose of 
the commercial utiUzation of such technologies by private industry. 
"(3) The Secretary of Defense shall dev^op and annually update 
a plan for each defense laboratory that participates in the Program 
under which plan the laboratory shall carry out cooperative activi-
ties with private industry to promote the transfers described in 
subsection (b). 
"(4) In this subsection, the term 'defense laboratoiV means 
any laboratory owned or operated by the Department of Defense 
that carries out research in fiscal year 1993 in an amount in 
excess of $50,000,000. 
"(5) The S^inretary shall coordinate the Program with the 
National Defense Technology and Industrial Base Council.". 
(b) REPORTS ON SURVEY OF LABS AND IMPLEMENTATION OF 
PROGRAM.—^Not later than September 30, 1993, the Secretary of 
Defense shall submit to Congress a report containing the following: 
(1) An assessment of the potential of each defense labora-
tory to promote the transfers described in section 2514(c) of 
title 10, United States Code, as added by subsection (a). 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2683 
(2) Recommendations on the manner in which each such 
laboratory might better promote such transfers. 
(3) A description of the extent to which each such laboratory 
has implemented effectively the plan established for the labora-
tory under such subsection (c) diiring Uie year preceding the 
date of the report. 
(4) Recommendations of the Secretary for the improvement 
of the Federal Defense Laboratory Diversification Program 
established pursuant to such section 2514(c). 
(c) CONFORMING REPEAL.—Section 2363 of title 10, United 
States Code, is repealed. 
SEC. 4225. OFFICE OF T
E
C
H
N
O
L
O
G
Y TRANSITION. 
(a) ESTABUSHMENT.—Subchapter III of chapter 148, as amend-
ed by section 4224, is further amended by inserting after section 
2514 the following: 
*
*
§ 2516. Office of Technology Transition 
"(a) ESTABUSHMENT.—The Secretary of Defense shall esteblish 
within the Office of the Secretary of Defense an Office of Technology 
Transition. 
''(b) PURPOSE.—^The purpose of the office shall be to ensure, 
to the maximum extent practicable, that technology developed for 
national security purposes is integrated into the private sector 
of the United Stetes in order to enhance national technology and 
industrial base, reinvestment, and conversion activities consistent 
with tiie objectives set forth in section 2501(a) of this title. 
"(c) DUTIES.—^The head of the office shall ensure that the 
office— 
"(1) monitors all research and development activities that 
are carried out by or for the military depcurtments and Defense 
Agencies; 
"(2) identifies all such research and development activities 
that use technologies, or result in technological advancements, 
having potential nondefense commercial applications; 
"(3) serves as a clearinghouse for, coordinates, and other-
wise actively facilitetes the transition of such technologies and 
technolo^cal advancements from the Department of Defense 
to the private sector; 
"(4) conducts its activities in consultotion and coordination 
with the Depeurtment of Energy and the Department of Com-
merce; and 
"(5) provides private firms with assistance to resolve prob-
lems associated with security clearances, proprietory rights, 
and other legal considerations involved in such a transition 
of technology. 
"(d) REPORTING REQUIREMENT.—The Secretary of Defense shall 
submit to the Committees on Armed Services and on Appropriations 
of the Senate and the House of Representotives an annual report 
on the activities of the Office at tne same time that the budget 
is submitted to Congress by the President pursuant to section 
1105 of title 31. The report shall contain a discussion of the accom-
plishments of the Office during the fiscal year preceding the fiscal 
year in which the report is submitted.". 
(b) SCHEDULE FOR ESTABLISHMENT.—The Office of Technology lo use 25i5 
Transition shall commence operations vdthin 120 days after the '^''^-
date of the enactment of this Act. 
note. 
106 STAT. 2684 
PUBLIC LAW 102-484—OCT. 23, 1992 
(c) REPORTING REQUIREMENTS.—(1) Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the establishment of the Office of Technology Transition. The report 
shall contain a description of the organization of the Office, the 
staffing of the Office, and the activities undertaken by the Office. 
10 use 2515 
(2) Notwithstanding section 2515(d) of title 10, United States 
Code (as added by subsection (a))— 
(A) the first report imder that section shall be submitted 
not later than one year after the date of the enactment of 
this Act; and 
(B) no additional report is necessary under that section 
in the fiscal year in which such first report is submitted. 
SEC. 4226. MILITARY-CIVILIAN INTEGRATION AND TECHNOLOGY 
TRANSFER ADVISORY BOARD. 
(a) ESTABLISHMENT.—Subchapter III of chapter 148, as amend-
ed by section 4225, is further amended by inserting after section 
2515 the following: 
*
*
§ 2516. Military-Civilian Integration and Technology Trans-
fer Advisory Board 
"(a) ESTABLISHMENT.—There is established a Military-Civilian 
Integration and Technology Transfer Advisory Board (in this section 
referred to as the 'Advisory Board'). 
"(b) GOALS.—^The goals of the Advisory Board are to ensure, 
in furtherance of the national security objectives set forth in section 
2501(a) of this title— 
"(1) the effective integration of commercial technologies 
and best practices into defense industries; 
"(2) the efficient transfer of defense technologies to civilian 
industries, where applicable; 
"(3) that civilian markets are appropriately integrated into 
dual-use technology development strategies; and 
"(4) that dual use critical technologies are used in carrying 
out defense reinvestment, diversification, and conversion activi-
ties described in section 2501(b) of this title. 
"(c) COMPOSITION.—^The Advisory Board shall be composed of 
at least 17 members. The members of the Advisory Board shall 
be appointed by the National Defense Technology and Industrial 
Base Coimcil from among individuals who, because of their experi-
ence and accomplishments in defense or civilian technology develop-
ment, business development, international trade, or finance, are 
exceptionally qualified to analyze and formulate policy that would 
improve the integration of milita]^ and civilian capabilities and 
resources. The National Defense Technology and Industrial Base 
CouncU shall designate one member to serve as chairman, with 
l^e chcdrmanship to chcmge annually. Membership of the Advisory 
Board shall be composed o
f
— 
"(1) representatives o
f
— 
"(A) large and small firms involved in both defense 
and civilian technologies; 
"(B) universities and independent research institutes; 
"(C) State and local government agencies involved in 
technolo^ extension and economic development; 
"(D) Federal defense and nondefense laboratories; 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2685 
"(E) industrial, worker, and professional organizations; 
and 
"(F) financial organizations; and 
"(2) other individusJs that possess important insight to 
issues of military-commercial integration, as determined by 
the National Defense Technology and Industrial Base Council. 
**(d) DUTIES.—^The duties of the Advisory Board shall include— 
"(1) advising the National Defense Technology and Indus-
trial Base Council in the planning, execution, and evaluation 
of programs in the Department of Defense that would facilitate 
military-commercial integration, including the research, devel-
opment, and application of dual-use technologies, and manufac-
turing and industrial assistance programs, educational 
programs, and financial support programs; 
"(2) advising the National Defense Technology and Indus-
trial Base Coimcil on policies that the Advisory Board considers 
essential to effective military-commercial integration; 
"(3) organizing a Dual-Use Technology Sub-board that will 
advise the Coimcil on the effectiveness of military-civilian 
integration regarding dual-use technologies and strategies; and 
"(4) organizing other sub-boards, with the consent or at 
the request of the Council, to examine priority issues in mili-
tary-civilian integration. 
"(e) MEETINGS.—^The Advisory Board shall meet at least once 
every four months, and at the call of the Coimcil. 
*
*
(
f
) TRAVEL EXPENSES.—Members of the Advisory Board, other 
than fidl-time employees of the United States, shall be allowed 
travel expenses in accordance with subchapter I of chapter 57 
of title 5 when engaged in the business of the Advisory Board. 
"(g) TERMINATION.—The Advisory Board shall terminate at the 
close of fiscal year 1997.". 
(b) FIRST MEETING.—The chairman of the Military-Civilian l^^Y^^sie 
Integration and Technology Transfer Advisory Board shsJl call the 
first meeting of the Advisory Board no later than 90 days after 
the date of enactment of this Act. 
SEC. 4227. OFFICE FOR FOREIGN DEFENSE CRITICAL TECHNOLOGY 
MONITORING AND ASSESSMENT. 
(a) TRANSFER AND REDESIGNATION OF SECTION.—Section 2525 
of title 10, United States Code, is transferred to subchapter III 
of chapter 148, inserted after section 2516 (as added by section 
4226), and redesignated as section 2517. 
(b) TECHNICAL AMENDMENT.—Subsection (a) of section 2517, 
as so redesignated, is amended by inserting "Critical" after "Foreign 
Defense". 
SEC. 4228. OVERSEAS FOREIGN CRITICAL TECHNOLOGY MONITORING 
AND ASSESSMENT FINANCIAL ASSISTANCE PROGRABL 
Section 2526 of title 10, United States Code, is transferred 
to subchapter III of chapter 148, inserted after section 2517 (as 
added by section 4227), and redesignated as section 2518. 
note. 
106 STAT. 2686 
PUBLIC LAW 102-484—OCT. 23, 1992 
Subtitle D—^Defense Manufacturing Technology, Dual-Use 
Assistance Extension, and Defense Supplier Base En-
hancement and Support Programs 
SEC. 4231. NATIONAL DEFENSE MANUFACTURING TECHNOLOGY PRO-
GRAM. 
(a) REQUIREMENT FOR PROGRAM.—Subchapter IV of chapter 
148 is amended by inserting after the table of sections the following: 
^§2521. National Defense Manufacturing Technology Pro-
gram 
"(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense 
shall establish a National Defense Manufactiiring Technology Pro-
gram. The Secretary shall use the program to— 
"(1) provide centralized guidance and direction (including 
goals, milestones, and priorities) to the military departments 
and the Defense Agencies on all matters relating to manufactur-
ing technology; 
"(2) direct the development and implementation of Depart-
ment of Defense plans, programs, projects, activities, and poli-
cies that promote the development and application of advanced 
technologies to manufacturing processes, tools, and equipment; 
**(3) improve the manufacturing quality, productivity, tech-
nology, and practices of businesses and workers providing goods 
and services to the Department of Defense; 
''(4) promote dual-use manufacturing processes; 
'*(5) disseminate information concerning improved manufac-
turing improvement concepts, including information on such 
matters as best manufacturing practices, product data exchange 
specifications, computer-aided acquisition and logistics support, 
and rapid acquisition of manufactiued parts; 
"(6) sustain and enhance the skills and capabilities of the 
manufacturing work force; 
**(7) promote high-performance work systems (with develop-
ment and dissemination of production technologies that build 
upon the skills and capabilities of the work force), high levels 
of worker education and training; and 
"(8) ensure appropriate coordination between the manufac-
turing technology programs and industrial preparedness pro-
grams of the Department of Defense and similar programs 
undertaken by other departments and agencies of the Federal 
Grovemment or by the private sector. 
"(b) RELATIONSHIP TO NATIONAL TECHNOLOGY AND INDUSTRIAL 
BASE PLAN.—^The Secretory shall ensure that the program is devel-
oped and implemented in accordance with the manufacturing tech-
nology guidance set forth in the national technology and industrial 
base plan prepared under section 2506 of this title. 
"(c) IteviSlONS.—^The Secretory shall revise the program not 
later than March 15 of each year through fiscal year 1997 and 
of each odd-niunbered year thereafier. Each revision shall identify 
each manufacturing technology program, project, or activity of the 
Department of Defense and the amounte provided for each such 
program, project, and activity in the budget submitted by the Presi-
dent under section 1105 of title 31 for the fiscal year beginning 
in that year.". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2687 
(b) REPEAL OF LIMITATION.—Section 203(d) of the National 
Defense Authorization Act for Fiscal Year 1992 and 1993 (Public 
Law 102-190; 105 Stat. 1315) is repealed. 
SEC. 4232. DEFENSE 
ADVANCED 
MANUFACTURING 
TECHNOLOGY 
PARTNERSHIPS. 
(a) TRANSFER AND REDESIGNATION OF SECTION.—Section 2518 
of title 10, United States Code, is transferred to chapter 148, 
inserted after section 2521 (as added by section 4231), ana redesig-
nated as section 2522. 
(b) PROGRAM AMENDMENTS.—Section 2522 of title 10, United 
States Code, as redesignated by subsection (a), is amended— 
(1) in subsection (a)— 
(A) bv inserting ", in order to further the national 
security omectives set forth in section 2501(a) of this title," 
after "The Secretaury of Defense may^; and 
(B) by inserting "military and dual-use" aft;er "broad 
range oP; 
(2) m subsection (c), b]^ striking out "section 2523" and 
inserting in lieu thereof "section 2511 , 
(3) in subsection (d)— 
(A) in paragraph (1), by striking out "section 2523(f)" 
and inserting in lieu thereof "section 2511(f)"; and 
(B) by adding at the end the following new paragraph: 
"(3) Such other criteria as prescribed by the Secretary 
of Defense, in consultation with the Council."; and 
(4) by striking out subsection (e). 
(c) Fin«n)iNG.—Of the amount authorized to be appropriated 
in section 201 for Defense Agencies, $25,000,000 shall be available 
for defense advanced manufacturing technology partnerships under 
section 2522 of title 10, United States Code, as redesignated by 
subsection (a). 
SEC. 4233. MANUFACTURING EXTENSION PROGRAMS. 
(a) TRANSFER AND REDESIGNATION OF SECTION.—Section 2517 
of title 10, United States Code, is transferred to subchapter IV 
of chai)ter 148, inserted after section 2522 of such title (as added 
by section 4232), and redesignated as section 2523. 
(b) FURTHERANCE OF NATIONAL SECURITY OBJECTIVES.—Sub-
section (bXD of section 2523, as redesignated by subsection (a), 
is amended in the matter before subparagraph (A) by inserting 
", in order to further the national security objectives set forth 
in section 2501(a) of this title," after "shall". 
(c) FUNDING.—Of the amount authorized to be appropriated 
in section 201 for Defense Agencies, $100,000,000 shall be available 
for support of manufacturing extension programs under section 
2523 01^ title 10, United States Code, as redesignated by section 
4233. 
SEC. 4234. DEFENSE DUAL-USE ASSISTANCE EXTENSION PROGRAM. 
(a) REQUIREMENT FOR PROGRAM.—Subchapter IV of chapter 
148, as amended by section 4233, is further amended by inserting 
after section 2523 the following: 
*
*
§ 2524. Defense dual-use assistance extension program 
"(a) ESTABUSHMENT OF PROGRAM.—The Secretary of Defense, 
in consultetion and coordination with the Secretary of Energy and 
the Secretary of Commerce, shall establish a program to further 
106 STAT. 2688 
PUBLIC LAW 102-484—OCT. 23, 1992 
the national security objectives set forth in section 2501(a) of this 
title and the defense reinvestment, diversification, and conversion 
program objectives set forth in section 2501(b) of this title by 
providing support to entities referred to in subsection (b) for pro-
grams described in that subsection. 
"(b) PROGRAMS SUPPORTED.—^The Secretary may provide sup-
port imder this section for programs sponsored by the Federal 
Gk)vemment, regional entities, Stetes, local governments, and pri-
vate entities and nonprofit organizations that assist businesses 
economically dependent on Department of Defense expenditures 
to acquire dual-use capabilities through the provision under those 
programs of the following forms of assistance: 
"(1) Assistance in converting from government-oriented 
management, production, training, and marketing practices to 
commercial practices. 
"(2) Assistance in acquiring and using public and private 
sector resources, literature, and other information concerning— 
"(A) research, development, and production processes 
and practices; 
"(B) identification of technologies and products having 
the potential for defense and nondefense commercial 
applications; 
"(C) marketing practices and opportunities; 
"(D) identification of potential suppliers, partners, and 
subcontractors; 
"(E) identification of opportunities for government sup-
port, including support through grants, contracts, partner-
ships, and consortia; 
"(F) enhancement of work force skills and capabilities, 
including— 
"(i) development and introduction of high-perform-
ance work systems, workforce literacy programs, and 
programs for worker education and training; 
"(ii) other programs that build upon the skills and 
C£upabilities of the work force; and 
"(G) trade and export assistance. 
"(3) Loan guarantees to small businesses that are economi-
cally dependent on defense expenditures, imder the terms and 
conditions specified under other applicable law. 
"(c) ASSISTANCE AUTHORIZED.—(1) The Secretary may make 
grants, enter into contracts, or enter into cooperative agreements 
and other transactions pursuant to section 2371 of this title. 
"(2) Subject to subsection (d), the Secretary may provide a 
program referred to in subsection (b) with technical and other 
assistance. 
"(3) The Secretary is authorized to carry out a program to 
provide assistance to small businesses that are economically depend-
ent on defense expenditures to obtain access to a national network 
of scientists and engineers, and to information resources (including 
access through on-line data bases to local, national, and inter-
national technical and business literature encompassing a wide 
range of technologies), that can help minimize technical risk and 
thereby facilitate the development and commercialization of new 
products. 
"(d) FINANCIAL COMMITMENT OF NON-DEPARTMENT OF DEFENSE 
PARTICIPANTS.—(1) The Secretary shall ensure that the amount 
of funds provided by the Department of Defense for a program 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2689 
under this section does not exceed the maximum authorized percent-
age of the combined amount provided by the Depcurtment of Defense 
and all other sources of Amding for the program for any year. 
"(2) The maximum authorized percentage of Department of 
Defense funding referred to in paragraph (1) for each year of Depart-
ment of Defense assistance for a program under this section is 
as follows: 
"(A) 50 percent in the first year. 
''(B) 40 percent in the second year. 
"(C) 30 percent in the third and following years, 
"(e) SELECTION PROCESS.—Competitive procedures shall be used 
in the selection of programs to receive assistance under this section. 
"(f) SELECTION CRITERIA.—The criteria for the selection of a 
program to receive assistance under this section shall include the 
following: 
"(1) The extent to which the program advances and 
enhances the national security objectives set forth in section 
2501(a) of this title and the reinvestment, diversification, and 
conversion program objectives set forth in section 2501(b) of 
this title. 
"(2) The technical excellence of the program. 
"(3) The qualifications of the personnel proposed to partici-
pate in the program's research activities. 
"(4) The adequacy of timely private sector investment in 
activities that is sufficient to achieve the goals and objectives 
of the programs. 
"(5) The potential effectiveness of the program in the 
conversion of businesses (and their work forces) from capabili-
ties that make the companies economically dependent on 
Department of Defense expenditures to capabiUties having 
deiense and nondefense commercial applications. 
"(6) The ability of the program to assist businesses (and 
their work forces) that are adversely affected by significant 
reductions in Department of Defense spending. 
"(7) The extent of the financial conmiitment by sources 
other than the Department of Defense. 
"(8) The extent to which the program would supplement, 
rather than duplicate, other available services. 
"(9) The likelihood that, within five years after the 
commencement of assistance for a program under this section 
(or a lesser period established by the Secretary), Department 
of Defense assistance will not be necessary to sustain the 
program. 
"(10) Such other criteria as the Secretary prescribes. 
"(g) TERMINATION OF AUTHORTTY.—After September 30, 1995, 
funds may be provided by the Department of Defense under this 
section only for programs referred to in subsection (b) for which 
funds have been provided by the Department of Defense under 
this section on or before that date. No funds may be provided 
by the Department of Defense under this section for a program 
referred to in subsection (b) after September 30,1998.". 
(b) FUNDING.—Of the amount authorized to be appropriated 
in section 201 for Defense Agencies, $200,000,000 shall be available 
for the defense dual-use extension program under section 2524 
of title 10, United States Code (as added by subsection (a)), of 
which— 
106 STAT. 2690 
PUBLIC LAW 102-484—OCT. 23, 1992 
(1) $50,000,000 shall be available to provide support to 
regioneJ, State, and local government programs; and 
(2) $75,000,000 shall be available for programs designed 
to assist small businesses. 
SEC. 4236. DEFENSE INDUSTRIAL RESERVE. 
(a) TRANSFER OF SECTIONS.—(1) Subchapter V of chapter 148 
is amended by adding at the end, without text, the following new 
section: 
*
*
§ 2535. Defense Industrial Reserve**. 
(2) The text of section 2 of the Defense Industrial Reserve 
Act (50 U.S.C. 451) is— 
1
0 use 2535. 
(A) transferred to section 2535; 
(B) inserted after the section heading; and 
(C) amended by striking out "In enacting this Act, it" 
and inserting in lieu thereof the following: ''(a) D
E
C
L
A
R
A
T
I
O
N 
O
F PURPOSE A
N
D POLICY.—It". 
(3) The text of section 4 of that Act (50 U.S.C. 453) is— 
(A) transferred to section 2535; 
(B) inserted after subsection (a), as designated by para-
graph (2XC); and 
(C) amended— 
(i) by striking out "(a) To execute the policy set forth 
in this Act," and inserting in lieu thereof the following: 
"(b) POWERS AND DUTIES OF THE SECRETARY OF DEFENSE.— 
(1) To execute the policy set forth in this section,"; 
(ii) by striking out "(1) determine" and inserting in 
lieu thereof "(A) determine"; 
(iii) by striking out "(2) designate" and inserting in 
Ueu thereof "(B) designate"; 
(iv) by striking out "(3) establish" and inserting in 
Ueu thereof "(C) establish"; 
(v) by striking out "(4) direct" and inserting in Ueu 
thereof "(D) direcf^ 
(vi) by striking out "(5) direct" and inserting in Ueu 
thereof "(E) direct"; 
(vu) by striking out "(6) authorize" and inserting in 
Ueu thereof "(F) authorize"; 
(viii) by striking out "(7) authorize" and aU that foUows 
through "(B) such institution" and inserting in lieu thereof 
"(G) authorize and regulate the lending of any such prop-
erty to any nonprofit educational institution or traming 
school whenever (i) the program proposed by such institu-
tion or school for the use of such property wiU contribute 
materially to national defense, and (li) such institution"; 
(ix) by striking out "(bXD The Secretary" and inserting 
in Ueu thereof "(2)(A) The Secretary"; 
(x) by strildng out "(A) storage" and inserting in Ueu 
thereof "(i) storage^; 
(xi) by strilong out "(B) repair" and inserting in Ueu 
thereof "(u) repair"; 
(xu) by striking out "(C) overhead" and inserting in 
Ueu thereof "(iu) overhead"; and 
(xiu) by striking out "(2) The Secretary of Defense 
shallprescribe regulations" and inserting in Ueu thereof 
R^uiations. 
«*(B) The Secretaiy of Defense shaU prescribe regulations". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2691 
(b) DEFINITIONS.—The text of section 3 of that Act (50 U.S.C. 
452) is— 
(i) transferred to section 2535; 
lo use 2535. 
(ii) inserted following subsection (b), as designated by sub-
section (aX3XCXi); and 
(iii) amended by striking out "As used in this Act—" and 
inserting in lieu thereof *
*
(
c
) DEFINITIONS.—In this section:". 
SEC. 4236. DEFENSE PROCUREMENT TECHNICAL ASSISTANCE PRO-
GRAM. 
(a) AUTHORITY TO PROVIDE CERTAIN TYPES OF TECHNICAL 
ASSISTANCE.—(1) Chapter 142 of title 10, United States Code, is 
amended— 
(A) by redesignating section 2418 as section 2419; and 
(B) by inserting after section 2417 the following new sec-
tion: 
''§2418. Authority to provide certain types of technical 
assistance 
"(a) The procurement technical assistance furnished by eligible 
entities assisted by the Department of Defense under this chapter 
may include technical assistance relating to contracts entered into 
with (1) Federal departments and agencies other than the Depart-
ment of Defense, and (2) State and local governments. 
''(b) An eligible entity assisted by the Department of Defense 
under this chapter also may furnish information relating to assist-
ance and other programs available pursuant to the Defense Conver-
sion, Reinvestment, and 'iPransition Assistance Act of 1992.". 
(2) The table of sections at the beginning of such chapter 
is amended by striking out the item relating to section 2418 and 
inserting in lieu thereof the foUoMdng: 
"Sec. 2418. Authority to provide certain types of technical assistance. 
"Sec. 2419. Regulations. . 
(b) FISCAL YEAR 1993 FUNDING.—Of the amount authorized 
to be appropriated in section 301 for Defense Agencies, $12,000,000 
shall be available for canying out the provisions of chapter 142 
of title 10, United States Code, as amended by this section. 
(c) SPECIFIC PROGRAMS.—-Of the amounts referred to in sub-
section (a), $600,000 shall be available for fiscal year 1993 for 
the purpose of carrying out programs sponsored by eligible entities 
referred to in subparagraph (D) of section 2411(1) of title 10, United 
States Code, that provide procurement technical assistance in dis-
tressed areas referred to in subpara^aph (B) of section 2411(2) 
of such title. If there is an insufficient number of satisfactory 
proposals for cooperative agreements in such distressed areas to 
allow for effective use of the funds made available in accordance 
with this subsection in such areas, the funds shall be allocated 
among the Defense Contract Administration Services regions in 
accordance with section 2415 of such title. 
SEC. 4237. SMALL BUSINESS INNOVATION RESEARCH PROGRAM IN 
15 USC 638 
THE DEPARTMENT OF DEFENSE. 
^o^-
(a) EXTENSION OF PROGRAM.—Section 5 of the Small Business 
Innovation Development Act of 1982 (Public Law 97-219; 15 U.S.C. 
638 note) is amended— 
(1) by striking out "Effective October 1, 1993, paragraphs" 
and inserting in lieu thereof "Paragraphs"; and 
59-194 O—93 
29:QL3(Pt. 3) 
106 STAT. 2692 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) by striking out "are repealed" and inserting in lieu 
thereof "shall cease to be effective with respect to departments 
and agencies of the Federal Grovemment other than the Depart-
ment of Defense on October 1, 1993, and are repecded effective 
October 1, 2000". 
(b) LIMITATION ON PROGRAM AWARDS.—Amounts paid to a small 
business concern by the Department of Defense imder the Small 
Business Innovation Research Program for a project— 
(1) in phase I imder the program may not exceed $100,000; 
and 
(2) in phase II under the program may not exceed $750,000. 
(c) COMMERCIAL APPLICATIONS STRATEGY.—Not later than 270 
days after the date of the enactment of this Act, the Secretanr 
of Defense, in consultation with the Administrator of the Small 
Business Administration, shall develop and issue a strate^ for 
effectuating the transition of successful projects under the Small 
Business Innovation Research Program irom phase II under the 
program into phase III under the program. 
(d) REPEAL OF EXCLUSION OF CERTAIN ACTIVITIES.—(1) Sub-
section (eXD of section 9 of the Small Business Act (15 U.S.C. 
638) is amended by striking out "except that for the Department 
of Defense" and all that follows through development, and . 
(2XA) Subsection (eXD of section 9 of the Small Business Act 
(15 U.S.C^. 638) is amended by striking out the semicolon at the 
end and inserting in lieu thereof ", and except that for the Depcirt-
ment of Energy it shall not include amounts obligated for atomic 
energy defense programs for weapons and weapons-related activities 
or for naval reactor programs;". 
(B) Subsection (0 of such section is amended by striking out 
paragraph (2). 
(e) PERCENTAGE OF REQUIRED EXPENDITURES FOR SBIR CON-
TRACTS.—(1) The Small Business Innovation Research Program 
shcdl apply to the Department of Defense (including the militory 
departments) as if the percentoge specified in section 9(fXl) of 
the Small Business Act (15 U.S.C. 638(fXl)) with respect to fiscal 
years after fiscal year 1982 were determined in accordance with 
the table set forth in paragraph (2) (rather than 1.25 percent). 
(2XA) The percentoge under section 9(fXl) of the Small Busi-
ness Act (15 U.S.C. 638(f)(1)) for any fiscal year for the Department 
of Defense and each military department shall be determined in 
accordance with the following toble: 
For fiscal year: 
The percentage is: 
1993 
1
.
2
5 
1994 
1
.
5 
1995 
1
.
7
6 
1996 
2
.
0 
1997 
2.26 
1998 and thereafter 
2.5. 
(B) If the determination of the Secretary of Defense under 
subparagraph (C) is a negative determination (as set forth in that 
paragraph), then the percentage imder section 9(fXl) of the Small 
Business Act (15 U.S.C. 638(f)(1)) for the Department of Defense 
and eadi militcury department for fiscal years aftor fiscal vear 
1996 shall remain at tne level applicable for 
fisccd 
year 1996 (not-
withstanding the percentoges specified in subparagraph (A) for 
fiscal years after fiscal year 1996). 
(C) Not later than June 30, 1996, the Secretary of Defense 
during fiscal year 1996 shall determine whether there has been 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2693 
a demonstrable reduction in the quality of research performed under 
funding agreements awarded by the Department of Defense imder 
the SBIR program since the beginning of fiscal year 1993 such 
that increasing the percentage under subparagraph (A) for fiscal 
years afi;er fiscal ye£ir 1996 Math respect to the department would 
adversely affect the performance of the department's resesurch pro-
grams. If the determination of the Secretary is that there has 
been such a demonstrable reduction in the quality of research 
such that increasing the percentage under subparagraph (B) for 
fiscal years after fiscal year 1996 with respect to the department 
would adversely affect the performance of the department's research 
programs, the Secretaiy shall be considered for purposes of subpara-
graph (B) to have made a negative determination. The determina-
tion of the Secret£uy concerned under this paragraph shall be 
made after considering the assessment of the Comptroller Greneral 
with respect to that department in the report transmitted imder 
subparagraph (D). 
(D) Not later than March 30, 1996, the Comptroller General Reports. 
shall transmit to the Congress cmd the Secretary of Defense a 
report setting forth the Comptroller General's assessment, with 
respect to the Department of Defense of whether there has been 
a demonstrable reduction in the quality of research performed under 
funding agreements awarded by the department under the SBIR 
program since the beginning of 
fiscal 
year 1993 such that increasing 
the percentage under subparagraph (A) for fiscal years after fisc£u 
year 1996 with respect to the department would adversely affect 
the performance of the department's research programs. 
(E) The results of each determination under subparagraph (C) 
shall be transmitted to the Congress not later than June 30, 1996. 
(f) DEFINITIONS.—In this section: 
(1) The term "Small Business Innovation Research Pro-
gram" means the program estabUshed under the following 
provisions of section 9 of the Small Business Act (15 U.S.C. 
638): 
(A) Paragraphs (4) through (7) of subsection (b). 
(B) Subsections (e) through (k). 
(2) Tiie term "phase I", with respect to the Small Business 
Innovation Research Program, means the first phase described 
in subsection (eX4XA) of section 9 of the Small Business Act. 
(3) The term "phase 11", with respect to the Small Business 
Innovation Research Program, means the second phase 
described in subsection (eX4XB) of such section. 
(4) The term "phase III", with respect to the Small Business 
Innovation Research Program, means the third phase described 
in subsection (eX4XC) of such section. 
(g) EFFECTIVE DATE.—Subject to subsection (h), this section, 
and the amendments made by this section, shall take effect on 
October 1, 1992, and shall apply with respect to fiscal years after 
fiscal year 1992. 
(h) EFFECTIVENESS OF SECTION CONDITIONAL ON FAILURE TO 
ENACT OTHER LEGISLATION.—(1) In the event of the enactment 
of H.R. 4400 or S. 2941, 102d Congress, on or before the date 
of the enactment of this Act, then this section and the amendments 
made by this section shall not take effect. 
(2XA) In the event of the enactment of H.R. 4400 or S. 2941, 
102d Congress, after the date of the enactment of this Act, then, 
106 STAT. 2694 
PUBLIC LAW 102-484—OCT. 23, 1992 
e£fective immediately before the enactment of H.R. 4400 or S. 
2941,102d Congress— 
(i) this section shall cease to be effective; and 
(ii) the provisions of a small business law that are amended 
by this section shall be efTective and read as such provisions 
of that law were in effect immediately before the enactment 
of this Act, except that to the extent that any amendment 
is made to such a provision of a small business law by any 
other provision of law referred to in subparagraph (B), sucn 
provision of a small business law shall be effective and shall 
read as amended by that other provision of law. 
(B) For the purposes of subparagraph (AXii), a provision of 
law referred to in this subparagraph is the following: 
(i) A provisi(m of this Act other than a provision of this 
section. 
(ii) A provision of any other Act if the provision takes 
effect during the period beginning on the date of the enactment 
of this Act and ending immediately before the enactment of 
H.R. 4400 or S. 2941,102d Congress. 
(C) In this paragraph, the term "small business law" means— 
(i) the Small Business Act (15 U.S.C. 631 et seq.); and 
(ii) the Small Business Innovation Development Act of 1982 
(15 U.S.C. 638 note). 
SEC. 4238. DEFENSE MANUFACTUIUNG EXPERTS IN THE CLASSROOM. 
(a) PROGRAM.—Section 2197 of title 10, United States Code, 
is amended— 
(1) in subsection (a), by striking out "managers and" in 
the matter preceding paragraph (1); and 
(2) by adding at the end the following new subsection: 
"(e) MANUFACTURING EXPERT DEFINED.—In this section, the 
term 'manufacturing expert' means manufacturing managers and 
workers having experience in the organization of production and 
education and training needs and other experts in manufacturing.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
*
*
§ 2197. Manufacturing experts in the classroom". 
(2) The table of sections at the beginning of chapter 111 of 
such title is amended by striking out the item relating to section 
2197 and inserting in lieu thereof the following: 
'^197. Manufacturing experts in the classroom.". 
10 use 2501 
SEC. 4239. INDUSTRIAL DIVERSIFICATION PLANNING FOR DEFENSE 
note. 
CONTRACTORS. 
Regulations. 
Not later than 120 days £ifter the date of enactment of this 
Act, the Secretary of Defense shall prescribe regulations to encoiu:-
age defense contractors to engage in industrial diversification plan-
ning. 
Subtitle E—^Defense Advanced Research Projects Agency 
SEC. 4261. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY. 
(a) SENSE OF CONGRESS CONCERNING NAME OF AGENCY.—It 
is the sense of Congress that the Secretary of Defense should 
rename the Defense Advanced Research Projects Agency as the 
Advanced Research Projects Agency. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2695 
(b) SENSE OF CONGRESS CONCERNING MISSION.—It is the sense 
of Congress that the Secretary of Defense should direct that the 
agency referred to in subsection (a), in conjunction with industry, 
institutions of higher education, and other Federal and State 
organizations, should, amon^ its other purposes, do the following: 
(1) Pursue imaginative and innovative research and devel-
opment projects having significant potential for— 
(A) both military and commercial (dual use) applica-
tions; and 
(B) solely for military applications. 
(2) Support and stimulate a national technology base that— 
(A) serves both civilian and military purposes through 
technology sharing and otherwise; and 
(B) by serving both civilian and military purposes, 
increases the productivity of both the civilian and military 
sectors. 
(3) Manage and direct the conduct of basic and applied 
research and development that exploits scientific breakthroughs 
and demonstrates the feasibility of revolutionary approaches 
for improved cost and performance of advanced technology hav-
ing future military ai>plication8, including advanced technology 
also having future civilian applications. 
(4) Stimulate increased emphasis on prototjrping in defense 
systems and subsystems— 
(A) by conducting prototjnpe projects embodjdng tech-
nology that might be incorporated in joint programs, pro-
grams in support of deployed forces, or selected programs 
of the military departments; and 
(B) on request of the Secretary of a military depart-
ment, by assisting that military department in any 
prototjrping program of the military department. 
(c) SENSE OF CONGRESS CONCERNING PRIORITY OF TECHNOLOGY 
DEVELOPMENT.—^It is further the sense of Congress that the Sec-
retary of Defense— 
(1) should establish priorities for development of tech-
nologies by the agency referred to in subsection (a) to meet 
the needs of national security; and 
(2) should consult with the Secretary of Commerce and 
the Secretary of Energy before providing annual planning guid-
ance to that agency. 
Subtitle F—Conforming Amendments and Funding Matters 
SEC. 4271. CONFORMING AMENDMENTS. 
(a) CONFORMING REPEALS.—(1) Section 2330 of title 10, United 
States Code, is repealed. 
(2) Section 2363 of such title is repealed. 
(b) CLERICAL AMENDMENTS.—(1) The tables of chapters at the 
beginning of subtitle A of title 10, United States Code, and part 
IV of such subtitle are amended by striking out the items relating 
to chapters 148, 149, and 150 and inserting in lieu thereof the 
following: 
"148. National Defense Technology and Industrial Base, Defense Reinvest-
ment, and Defense Conversion 
2491". 
(2) The table of sections at the beginning of chapter 137 of 
such title is amended by striking out the item relating to section 
2330. 
106 STAT. 2696 
PUBLIC LAW 102-484—OCT. 23, 1992 
(3) The table of sections at the beginning of chapter 139 of 
such title is amended by striking out the item relating to section 
2363. 
(4) The heading of section 2534, as redesignated by section 
4202(a), is amended to read as follows: 
**§2534. Miscellaneous limitations on the procurement of 
goods other than United States goods'*. 
(c) CONFORMING AMENDMENT.—Section 2531, as redesignated 
by section 4202(a), is amended by striking out "defense industrial 
base" in subsection (aXD and inserting in lieu thereof "defense 
technology and industrial base". 
SEC. 4272. FUNDING FOR DEFENSE MANUFACTURING EDUCATION 
PROGRAMS FOR FISCAL YEAR 1993. 
Of the amount authorized to be appropriated in section 201 
for Defense Agencies— 
(1) $25,000,000 shall be available for defense manufactur-
ing engineering education grants under section 2196 of title 
10, United States Code, and 
(2) $5,000,000 shall be available for the manufacturing 
experts in the classroom program under section 2197 of such 
title. 
TITLE XUII-<30MMUNITY ADJUSTMENT AND ASSIST-
ANCE PROGRAMS AND YOUTH SERVICE PROGRAMS 
SEC. 4301. EXPANSION OF ADJUSTMENT ASSISTANCE AVAILABLE TO 
STATES AND LOCAL GOVERNMENTS FROM THE OFFICE 
OF ECONOMIC AD«nJSTMENT. 
(a) OPERATIONAL ASSISTANCE.—Subsection (b) of section 2391 
of title 10, United States Code, is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the roUowing new para-
graph: 
(4)(A) In the case of a State or local government eligible 
for assistance under paragraph (1), the Secretary of Defense may 
also make grants, conclude cooperative agreements, and supplement 
other Federal funds in order to assist the State or local government 
to carry out a community adjustment and economic diversification 
program (including State industrial extension or modernization 
efforts to facilitate the economic diversification of defense contrac-
tors and subcontractors) in addition to planning such a program. 
"(B) The Secretary shall establish criteria for the selection 
of community adjustment and economic diversification programs 
to receive assistance under subparagraph (A). Such criteria shall 
include a requirement that the State or local government agree— 
"(i) to provide not less than 10 percent of the funding 
for the program from non-Federal sources; 
"(ii) to provide business planning and market exploration 
services under the program to defense contractors and sub-
contractors that seek modernization or diversification assist-
ance; and 
"(iii) to provide training, counseling, and placement services 
for members of the armed forces and dislocated defense 
workers. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2697 
"(C) The Secretary shall carry out this paragraph in coordina-
tion with the Secretary of Commerce.". 
(b) ASSISTANCE UPON CLOSURE OF PRIVATE DEFENSE FACIU-
TIES.—<1) Subsection (bXD of such section is amended— 
(A) by striking out ", or (D)" and inserting in lieu thereof 
",(Dr; 
(B) by striking out "or (C)** and inserting in lieu thereof 
"(C), or (E)"; and 
(C) by inserting before "if the Secretarjr" the following: 
"or (E) by the closure or the significantly reduced operations 
of a defense facility as the result of the merger, acquisition, 
or consolidation of the defense contractor operating the defense 
facility,". 
(2) Subsection (bX3) of such section is amended by inserting 
after "Defense spending," the following: "the closure or significantly 
reduced operations of a defense facility,". 
(3) Subsection (d) of such section is amended to read as follows: 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'military installation' means any camp, post, 
station, base, yard, or other installation imder the jurisdiction 
of a military department that is located within any of the 
several States, the District of Coliunbia, the Commonwealth 
of Puerto Rico, or Guam. 
"(2) The term 'defense facility* means any private facility 
producing goods or services pursuant to a defense contract. . 
(c) CLERICAL AMENDMENTS.—Such section is fiirther amended— 
(1) by inserting "REUSE STUDIES.—" after "(a)"; 
(2) by inserting "ADJUSTMENT AND DIVERSIFICATION ASSIST-
ANCE.—" afl«r "(b)*; 
(3) by inserting "ANNUAL REPORT.—" after "(c)"; and 
(4) by inserting "ASSISTANCE SUBJECT TO APPROPRIA-
TIONS.—" after "(e)". 
(d) ADVANCE ADJUSTMENT PLANNING.—During fiscal year 1993, lo use 2391 
the Secretary of Defense may make grants and other assistance ^°^-
available under section 2391(b) of title 10, United States Code, 
to assist a State or local government in planning community achust-
ments and economic diversification even though the State or local 
government currently fails to meet the criteria for assistance under 
such section if the l^retary determines that a substantial portion 
of the economic activity or population of the geo^aphic area to 
be subject to the adjustment or diversification planning is dependent 
on Department of Defense expenditures. 
(e) FUNDING FOR FISCAL YEAR 1993.—(1) Of the amount author-
ized to be appropriated in section 301(5), $50,000,000 shall be 
available as community adjustment and economic diversification 
assistance under section 2391(bX4) of title 10, United States Code, 
as added by subsection (aX2). 
(2) The Secretary of Defense may use up to five percent of 
the amount described in paragraph (1) for the purpose of providing 
preparation assistance to those States intending to establish the 
t3rpes of programs for which assistance is authorized under such 
section. 
(3) Of the amount authorized to be appropriated to the Depart-
ment of Defense in section 301(5) and maae available for fiscal 
year 1993 for the Office of Economic Adjustment, $2,000,000 shall 
be made available for community a4justment and economic diver-
sification assistance under subsection (d). 
106 STAT. 2698 
PUBLIC LAW 102-484—OCT. 23, 1992 
1
0 use 2391 
(f) EFFECT OF AMENDMENTS ON EFFORTS OF ECONOMIC DEVEL-
"°*® 
OPMENT ADMINISTRATION.—Nothing in this section is intended to 
replace the efforts of the economic development program adminis-
tered hy the Economic Development Administration of the Depart-
ment of Commerce. 
10 use 2391 
SEC. .4302. PILOT PROJECT TO IMPROVE ECONOMIC AIXJUSTMENT 
note. 
PLANNING. 
(a) PILOT PROJECT.—During fiscal year 1993, the Secretary 
of Defense shall conduct a pilot project to examine methods to 
improve the provision of economic adjustment and diversification 
assistance under section 2391(bXl) of title 10, United States Code, 
to State and local governments adversely affected by the closure 
of military installations, the cancellation or completion of defense 
contracts, or reductions in defense spending. 
(b) PLANNING GRANTS.—^Under the pilot project, the Secretary 
of Defense shall make planning grants under section 2391(bXl) 
of title 10, United States Code, to State and local governments 
in four study areas selected by the Secretory. The totol amount 
of granto imder the pilot program may not exceed $500,000 per 
study area. 
(c) STUDY AREAS.—In selecting study areas for inclusion in 
the pilot program, the Secretary of Defense shall ensure that— 
(1) one study area covers an area in which the local econ-
omy is heavily dependent on a defense contractor that is in 
the process of terminating a mtgor defense contract or closing 
a major facility; 
(2) one study area covers an area in which the local econ-
omy would be adversely affected by changes in the use of 
a national laboratory previously needed for the testing of 
nuclear weapons; 
(3) one study area covers an area in which the local econ-
omy woiild be adversely affected by the closing of a militory 
instollation; and 
(4) one studv area covers an area in which the local econ-
omy would be adversely affected by at least two of the changes 
referred to in the preceding paragraphs. 
(d) USE OF GRANTS.—Granto made under the pilot program 
may be used to determine the needs of the communities in a 
study area as thev experience the economic dislocation associated 
with the closure of militory instollations, the cancellation or comple-
tion of defense contracto, or reductions in defense spending and 
develop responses toilored to those needs through tne use of a 
wide variety of sources and expertise in the communities. 
(e) MONITORING OF GRANT USE.—The Secretory of Defense 
shall monitor the activities imder the pilot project to develop a 
more complete understanding of the unique needs of each t y ^ 
of study area and the methodologies that may be successful m 
addressing similar economic dislocation in other communities in 
the United Stotes. 
(f) FUNDING.—Of the amount authorized to be appropriatod 
in section 301(5), $2,000,000 shall be made available for granto 
under this section. 
SEC. 4303. REPORT ON ALTERNATIVES TO PRESENT PRIORITY FOR 
TRANSFER OF EXCESS DEFENSE SUPPUES TO STATE AND 
LOCAL GOVERNMENTS. 
(a) FINDINGS.—^The Congress makes the following findings: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2699 
(1) The reduction in the size of the United States military 
will result in an increase in nonlethal supplies of the Depart-
ment of Defense that are in excess of current and projected 
requirements of the Department of Defense. 
(2) Agencies of State and local governments, many of which 
are suJBering economic hardship, may be able to use the excess 
nonlethal supplies to create jobs for the citizens of the United 
States and to stimulate national economic growth. 
(b) REPORTING REQUIREMENT.—Not later than Februaiy 15, 
1993, the Secretary of Defense shall submit to the Committees 
on .^jrmed Services of the Senate and House of Representatives 
a report on alternatives to the existing procedures for management 
of the Department of Defense excess property ptrogram for nonlethal 
supplies (including excess construdiion, mining, excavating and 
highway maintenance equipment) in order to provide higher priority 
for State agencies to receive such excess supphes. 
(c) DEFINITIONS.—^For purposes of subsection (b), the term "sup-
plies" has the meaning given such term in section 101 of title 
10, United States Code. 
SEC. 4904. LIMITATION ON USE OF EXCESS C
O
N
S
T
R
U
C
T
I
O
N O
R FIRE 
EQUIPMENT F
R
O
M D
E
P
A
R
T
M
E
N
T OF DEFENSE S
T
O
C
K
S 
IN FOREIGN ASSISTANCE O
R M
I
L
I
T
A
R
Y SALES PRO-
GRAMS. 
(a) L
I
M
I
T
A
T
I
O
N O
N USE O
F C
E
R
T
A
I
N EXCESS EQUIPMENT.—Sub-
chapter II of chapter 152 of title 10, United Stetes Code, as amended 
by section 304(cXl), is amended by adding at the end the following 
new section: 
''§2552. Limitation on use of excess construction or fire 
equipment from Department of Defense stocks in 
foreign assistance or military sales programs 
''(a) LlMlTATiGN.—Excess construction or fire equipment from 
the stocks of the Department of Defense may be transferred to 
any foreign country or international organization pursuant to part 
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) 
or section 21 of the Arms Export Control Act (22 U.S.C. 2761) 
only if— 
"(1) no department or agency of the Federal Government 
(other than the Department of Defense), no State, and no 
other person or entity eligible to receive excess or surplus 
property under the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 472 et seq.) submite to the Defense 
Reutilization and Marketing Service a request for such equip-
ment during the period for which the Defense Reutilization 
and Marketing Service accepts such a request; or 
"(2) the President determines that the transfer is necessary 
in order to respond to an emergency for which the equipment 
is especially smted. 
"(b) R
U
L
E O
F CONSTRUCTION.—Nothing in subsection (a) shall 
be construed to limit the authority to transfer construction or fire 
equipment under section 2547 of tlus title. 
(c) DEFINITION.—In this section, the term 'construction or fire 
equipment' includes tractors, scrapers, loaders, graders, bulldozers, 
dump trucks, generators, pumpers, fuel and water tankers, crash 
trucks, utility vans, rescue trucks, ambulances, hook and ladder 
units, compressors, and miscellaneous fire fighting equipment.". 
106 STAT. 2700 
PUBLIC LAW 102-484—OCT. 23, 1992 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter, as amended by section 304(cX2), is amend-
ed by adding at the end the following new item: 
"2552. Limitation on use of excess construction or fire e<iuipment from Depcutment 
of Defense stocks in foreign assistance or military sales programs.". 
SEC. 4S0S. COMMUNITY 
ECONOMIC 
ADJUSTMENT 
ASSISTANCE 
THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRA-
TION. 
Of the amount authorized to be appropriated in section 301(5), 
$80,000,000 shall be avcdlable for the provision of economic adjust-
ment assistance pursuant to section 4103 of the Defense Elconomic 
Adjustment, Diversification, Conversion, and Stabilization Act of 
1990 (division D of PubUc Law 101-510; 10 U.S.C. 2391 note) 
to substcuitially and seriously affected communities (as defined in 
section 4003(5)(A) of such Act). 
SEC. 4306. REPORT RELATING TO CONTINUING HEALTH BENEFITS 
COVERAGE OF CERTAIN TERMINATED EMPLOYEES OF 
DEFENSE CONTRACTORS. 
(a) REPORT REQUIRED.—Not later than March 1, 1993, the 
Under Secretary of Defense for Acquisition shall submit to Congress 
a report on matters relating to the provision by contractors of 
the Department of Defense of continuing health benefits coverage 
to employees of such contractors who are involuntarily separated 
firom such employment by reason of the termination or curtailment 
of defense contracts. 
(b) CONTENT OF REPORT.—The report shall contain— 
(1) an estimate of the number of employees referred to 
in subsection (a) who will be involuntarily separated firom 
employment referred to in that subsection for the reason 
referred to in that subsection during each of fiscal years 1993 
and 1994; 
(2) an estimate of the number of such employees who 
will elect in each such fiscal year to receive continuation cov-
erage under section 4980B of the Internal Revenue Code of 
1986, and an estimate of the aggregate monthly costs that 
will be incurred during such fiscal years by such employees 
who make the elections; 
(3) an estimate of the cost to the Department of Defense 
of providing continuing health benefits coverage to such employ-
ees in the same manner as continuing healtii benefits are 
provided to individuals under paragraph (4) of section 8905a(d) 
of title 5, United States Code, as added by section 346(a); 
(4) an assessment of the capability of the employers of 
such employees to bear a portion or all of the costs estimated 
under paragraph (3) and a description of any current efforts 
by such employers to bear such costs; and 
(5) recommendations relating to the optimal allocation of 
such costs between the Federal Government and such 
employers. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2701 
TITLE XLIV—PERSONNEL ADJUSTMENT, 
EDUCATION, AND TRAINING PROGRAMS 
Subtitle A—Active Forces Transition Enhancements 
SEC. 4401. IMPROVEMENl' IN PRESEPARATION COUNSELING FOR 
MEMBERS OF THE ARMED FORCES. 
(a) ADVANCE NOTICE OF SEPARATION TO MEMBER.—Subsection 
(aXl) of section 1142 of title 10, United States Code, is amended 
by striking out '^pon the discharge" and inserting in lieu thereof 
''As soon as possible before, but in no event later than 90 days 
before, the date of the discharge". 
(b) CREATION OF TRANSITION PLAN.—Subsection (b) of such 
section is amended by adding at the end the following new para-
graph: 
"(10) The creation of a transition plan for the member 
to attempt to achieve the educational, training, and employment 
objectives of the member and, if the member has a spouse, 
the spouse of the member.". 
SEC. 4402. AUTHORIZATION OF TEMPORARY RATE OF BASIC PAY 37 USC 1009 
APPUCABLE TO CERTAIN MEMBERS WITH OVER 24 YEARS note. 
OF SERVICE. 
(a) TEMPORARY RATE OF BASIC PAY.—Subject to subsection 
(b), the rate of monthly basic pay for a member of the imiformed 
services who is entitled to such pay under section 204 of title 
37, United States Code, is in pay grade E-7, E-8, E-9, W-4, 
W-5, or 0-6, and has over 24, but under 26, years of service 
(as computed under section 205 of such title) shall be as set forth 
in the following table: 
Temporary Rate of Monthly Basic Pay 
Pay Grade 
E-7 
E-8 
E-9 
W-4 
W-5 
0-6 
24-26 Yean of Service 
$2,359.30 
$2,639.70 
$2,977.70 
$3,430.90 
$3,827.30 
$5,417.70 
(b) T
E
M
P
O
R
A
R
Y APPUCATION OF PAY RATE.—The rates of 
monthly basic pay estabUshed under subsection (a) shall be effective 
for months beginning after December 31, 1992, and before 
October 1, 1995, except that a member of the uniformed services 
who is entitled to a rate of special pay under such subsection 
on September 1, 1995, shall continue to be entitled to such rate 
(and any adjustment pursuant to subsection (c)) so long as the 
member remains entitled to basic pay under section 204 of title 
37, United States Code, and is in pay grade E-7, E-8, E-9, W-
4, W-5, or 0-6. 
(c) ADJUSTMENTS OF COMPENSATION.—The rates of monthly 
basic pay established under subsection (a) shall be adjusted in 
accordance with section 1009 of title 37, United States Code, or 
other applicable provision of law, except that the increase in the 
106 STAT. 2702 
PUBLIC LAW 102-484—OCT. 23, 1992 
rates of basic pay made by section 6010)) shall not apply to the 
rates established under subsection (a). 
10 use 1293 
SEC. 4403. TEMPORARY EARLY RETIREMENT AUTHORITY. 
(a) PURPOSE.—^The purpose of this section is to provide the 
Secretary of Defense a temporary additioncd force management 
tool with which to effect the drawdown of military forces through 
1995. 
(b) RETIREMENT FOR 15 TO 20 YEARS OF SERVICE.—(1) During 
the active force drawdown period, the Secretary of the Anny may— 
(A) apply the provisions of section 3911 of title 10, United 
States Code, to a regular or reserve commissioned officer with 
at least 15 but less than 20 years of service by substituting 
"at least 15 years" for "at least 20 years" in subsection (a) 
of that section; 
(B) apply the provisions of section 3914 of such title to 
an enlisted member vdth at least 15 but less than 20 years 
of service by substituting "at le€Uit 15" for "at least 20"; and 
(C) apply the provisions of section 1293 of such title to 
a warrant officer with at least 15 but less than 20 years 
of service by substituting "at least 15 years" for "at least 
20 years". 
(2) During the active force drawdown period, the Secretary 
of the Navy may— 
(A) apply the provisions of section 6323 of title 10, United 
States Code, to an officer with at least 15 but less than 20 
{rears of service by substituting "at least 15 years" for "at 
east 20 years" in subsection (a) of that section; 
(B) apply the provisions of section 6330 of such title to 
an enlisted member of the Navy or Marine Corps with at 
least 15 but less than 20 years of service by substituting "15 
or more years" for "20 or more years" in the first sentence 
of subsection (a), in the case of an enlisted member of the 
Navy, and in the second sentence of subsection (b), in the 
case of an enlisted member of the Marine Corps; and 
(C) apply the provisions of section 1293 of such title to 
a warrant officer with at least 15 but less than 20 years 
of service by substituting "at least 15 years" for "at least 
20 years". 
(3) During the active force drawdown period, the Secretary 
of the Air Force may— 
(A) apply tiie provisions of section 8911 of title 10, United 
States Code, to a regular or reserve commissioned officer with 
at least 15 but less than 20 years of service by substituting 
"at least 15 years" for "at least 20 years" in subsection (a) 
of that section; and 
(B) apply the provisions of section 8914 of such title to 
an enlist^ member with at least 15 but less than 20 years 
of service by substituting "at least 15" for "at least 20". 
(c) ADDITIONAL EUGIBIUTY REQUIREMENT.—In order to be 
eligible for retirement by reason of the authority provided in sub-
section (b), a member of &e Armed Forces shall— 
(1) register on the registry maintained under section 
1143a(b) of title 10, United States Code (as added by section 
4462(a)); and 
(2) receive information regarding public and community 
service job opportunities fix>m the Secretary of Defense or 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2703 
another source approved by the Secretary and be afforded, 
on request, counseling on such job opportunities. 
(d) REGULATIONS.—^The Secretary oi each military department 
may prescribe regulations and policies regarding the criteria for 
eligibility for eany retirement oy reason of eligibility pursuant 
to this section and for the approval of appUcations for such retire-
ment. Such criteria may include factors such as grade, years of 
service, and skill. 
(e) COMPUTATION OF RETIRED PAY.—Retired or retainer pay 
of a member retired (or transferred to the Fleet Reserve or Fleet 
Marine Corps Reserve) under a provision of title 10, United States 
Code, by reason of eligibility pursuant to subsection (b) shall be 
reduced by Vi2th of 1 percent for each full month by which the 
number of months of active service of the member are less than 
240 as of the date of the member's retirement (or transfer to 
the Fleet Reserve or Fleet Marine Corps Reserve). 
(f) FUNDING.—(1) Notwithstandmg section 1463 of title 10, 
United States Code, and subject to the availability of appropriations 
for this purpose, the Secretary of each military department shall 
provide in accordance with this section for the payment of retired 
pay payable during the fiscal years covered by the other provisions 
of this subsection to members of the Armed Forces under the 
jurisdiction of that Secretary who are being retired under the 
authority of this section. 
(2) In each fiscal year in which the Secretary of a military 
department retires a member of the Armed Forces under the author-
ity of this section, the Secretary shall credit to a subaccount (which 
the Secretary shall establish) Mdthin the appropriation account for 
that fiscal year for pay and allowances of active duty members 
of the Armed Forces under the jurisdiction of that Secretary such 
amount as is necessary to pay the retired pay payable to such 
member for the entire mitial period (determinea under paragraph 
(3)) of the entitlement of that member to receive retired pay. 
(3) The initial period applicable under paragraph (2) in the 
case of a retired member referred to in that paragraph is the 
number of years (and any firaction of a year) that is equal to 
the difference between 20 years and the mmiber of years (and 
any 
firaction 
of a year) of service that were completed by the member 
(as computed under the provision of law used for determining 
the member's years of service for eligibility to retirement) before 
being retired imder the authority of this section. 
(4) The Secretary shall pay the member's retired pay for such 
initicd period out or amounts credited to the subaccount under 
paragraph (2). The amounts so credited with respect to that member 
shall remain available for payment for that period. 
(5) For purposes of this subsection— 
(A) the transfer of an enlisted member of the Navy or 
Marine Corps to the Fleet Reserve or Fleet Marine Corps 
Reserve shall be treated as a retirement; and 
(B) the term "retired pay" shall be treated as including 
retainer pay. 
(g) COORDINATION WITH OTHER SEPARATION PROVISIONS.—<1) 
A member of the Armed Forces retired under the authority of 
this section is not entitled to benefits imder section 1174, 1174a, 
or 1175 of title 10, United States Code. 
(2) Section 638a(bX4XC) of title 10, United States Code, is 
amended by inserting "(oUier than by reason of eligibility pursuant 
106 STAT. 2704 
PUBLIC LAW 102-484—OCT. 23, 1992 
to section 4403 of the National Defense Authorization Act for Fiscal 
Year 1993)" after "any provision of law**. 
(h) MEMBERS RECEIVING SSB OR VSL—The Secretary of a 
military department may retire (or transfer to the Fleet Reserve 
or Fleet Marine Corps Reserve) pursuant to the authority provided 
by this section a member of a reserve component who before the 
date of the enactment of this Act was separated from active duty 
pursuant to an agreement entered into under section 1174a or 
1175 of title 10, United States Code. The retired or retainer pay 
of any such member so retired (or transferred) by reason of the 
authority provided in this section shall be reduced by the amount 
of any payment to such member before the date of such retirement 
imder the provisions of such agreement under section 1174a or 
1175 of title 10, United States Code. 
(i) ACTIVE FORCE DRAWDOWN PERIOD.—For piuposes of this 
section, the active force drawdown period is the period beginning 
on the date of the enactment of this Act and ending on 
October 1,1995. 
SEC. 4404. OPPORTUNITY FOR CERTAIN PERSONS TO ENROLL IN ALL-
VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PRO-
GRAM. 
(a) IN GENERAL.—Chapter 30 of title 38, United States Code, 
is amended by adding after section 3018A the following new section: 
^§ 3018B. Opportunity for certain persons to enroll 
"(a) Notwithstanding any other provision of law— 
"(1) the Secretary of Defense shall, subject to the availabil-
ity of appropriations, allow an individual who— 
"(A) is separated from the active military, naval, or 
air service with an honorable discharge and receives vol-
untary separation incentives under section 1174a or 1175 
of title 10; 
"(B) before appljring for benefits under this section, 
has completed the requirements of a secondary school 
diploma (or equivalency certificate) or has successfully com-
pleted the equivalent of 12 semester hours in a program 
of education leading to a stcuidard college degree; 
"(C) in the case of any individual who has made an 
election under section 3011(cXl) or 3012(dXl) of this title, 
withdraws such election before such separation pursuant 
to procedures which the Secretary of each militaiy depart-
ment shall provide in accordance with regulations pre-
scribed by the Secretary of Defense for the purpose of 
carrying out this section or which the Secretary of 
Transportation shall provide for such purpose with respect 
to the Coast Guard when it is not operating as service 
in the Navy; 
"(D) in the case of any person enrolled in the edu-
cational benefits program provided by chapter 32 of this 
title makes an irrevocable election, pursuant to procedures 
referred to in subparagraph (C) of this paragraph, before 
such separation to receive benefits under this section in 
lieu of benefits under such chapter 32; and 
"(E) before such separation elects to receive assistance 
under this section pursuant to procedures referred to in 
subparagraph (C) of this paragraph; or 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2705 
"(2) the Secretary, in consultation with the Secreta^ of 
Defense, shall, subject to the availability of appropriations, 
allow an individual who— 
"(A) separated before the date of enactment of this 
section from the active military, naval, or air service with 
an honorable discharge and received or is receiving vol-
untary separation incentives under section 1174a or 1175 
of title 10; 
"(B) before applying for benefits under this section, 
has completed the requirements of a secondary school 
diploma (or equivalency certificate) or has successfolly com-
pleted the equivalent of 12 semester hoiu's in a program 
of education leading to a standard college degree; 
''(C) in the case of any individual who has made an 
election under section SOlKcXD or 3012(dXl) of this title, 
withdraws such election before making an election under 
this paragraph pursuant to procedures which the Secretary 
shall provide, in consultation with the Secretary of Defense 
and the Secretary of Transportation with respect to the 
Coast Guard when it is not operating as service in the 
Navy, which shall be similar to the regulations prescribed 
under paragraph (IXC) of this subsection; 
"(D) in the case of any person enrolled in the edu-
cational benefits program provided by chapter 32 of this 
title makes an irrevocable election, pursuant to procedures 
referred to in subparagraph (C) of this paragraph, before 
mcddng an election imder this paragraph to receive benefits 
under this section in lieu of benefits imder such chapter 
32; and 
"(E) before the one-year period beginnii^ on the date 
of enactment of this section, elects to receive assistance 
under this section pursuant to procedures referred to in 
subparagraph (C) of this paragraph, 
to elect to become entitled to basic eaucation assistance under 
this chapter. 
"(bXD The basic pay or voluntary separation incentives of an 
individual who makes an election under subsection (aXl) to become 
entitled to basic education assistance under this chapter shall be 
reduced by $1,200. 
"(2) Tlie Secretary shall collect $1,200 from an individucd who 
makes an election imder subsection (aX2) to become entitled to 
basic education assistance imder this chapter, which shall be paid 
into the Treasury of the United States as miscellaneous receipts. 
"(c) A withdrawal referred to in subsection (aXlXC) or (aX2XC) 
of this section is irrevocable. 
"(dXD Except as provided in paragraph (3) of this subsection, 
an individual who is enrolled in the educational benefits program 
provided by chapter 32 of this title and who makes the election 
described in subsection (aXlXD) or (aX2XD) of this subsection shall 
be disenroUed from such chapter 32 program as of the date of 
such election. 
"(2) For each individual who is disenroUed from such program, 
the Secretary shall refund— 
"(A) as provided in section 3223(b) of this title, to the 
individual the unused contributions made by the individual 
to the Post-Vietnam Era Veterans Education Account estab-
lished pursuant to section 3222(a) of this title; and 
106 STAT. 2706 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(B) to the Secretary of Defense the irnused contributions 
(other than contributions made under section 3222(c) of this 
title) made by such Secretary to the Accoimt on behalf of 
such individual. 
**(3) Any contribution made by the Secretjuy of Defense to 
the Post-Vietnam Era Veterans Education Account pursuant to 
subsection (c) of section 3222 of this title on behalf of any individual 
referred to in paragraph (1) of this subsection shall remain in 
such Account to make payments of benefits to such individual 
under section 3015(e) of this chapter.". 
(b) CONFORMING AMENDMENTS.—(1) The table of sections at 
the beginning of chapter 30 of such title is amended by inserting 
after the item relating to section 3018A the following new item: 
"30186. Opportunity for certain persons to enroll.". 
(2) Section 3013(d) of such title is amended by inserting "or 
3018B'' after "section 3018A". 
(3) Section 3035(b) of such title is amended— 
(A) in paragraph (3), by inserting "or 3018B** after "section 
3018A''; and 
(B) in paragraph (3XB), by inserting ", 3018B(aXlXC), or 
3018B(aX2XC)'' after "section 3018A(aX3)^. 
SEC. 440S. AUTHORIZED BENEFITS UNDER SPECIAL SEPARATION 
BENEFITS PROGRAM AND VOLUNTARY SEPARATION 
INCENTIVE. 
(a) TRAVEL AND TRANSPORTATION BENEFITS UNDER SSB.—Sub-
section (bX2XB) of section 1174a of title 10, United States Code, 
is amended by inserting after "chapter 58 of this title" the following: 
", sections 404 and 406 of title 37, and section 503(c) of the National 
Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1558; 
37 U.S.C. 406 note)". 
(b) EUGIBILITY FOR INVOLUNTARY SEPARATION BENEFITS UNDER 
VSL—-Section 1175 of such title is amended by adding at the 
end the following new subsection: 
"(j) A member of the armed forces who is provided a voluntary 
separation incentive under this section shall be eligible for the 
same benefits and services as are provided under chapter 58 of 
this title, sections 404 and 406 of title 37, and section 503(c) 
of the National Defense Authorization Act for Fiscal Year 1991 
(104 Stat. 1558; 37 U.S.C. 406 note) for members of the armed 
forces who are involuntarily separated within the meaning of section 
1141 of this title.". 
10 use 1174a 
(c) EFFECTIVE DATE.—^The amendments made by subsections 
"°^- 
(a) and (b) shall apply as if included in sections 1174a and 1175 
of title 10, United States Code, as enacted on December 5, 1991, 
but any benefits or services payable by reason of the applicability 
of the provisions of those amendments during the period beginning 
on December 5, 1991, and ending on the date of the enactment 
of this Act shall be subject to the availability of appropriations. 
SEC. 4406. CALCULATION OF ANNUAL PAYMENT OF VOLUNTARY SEPA-
RATION INCENTIVE. 
(a) RECOUPMENT OF ACTIVE OR RESERVE PAY.—Section 1175(e) 
of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking out "shall forfeit" and 
all that follows and inserting in lieu thereof "may elect to 
have a reduction in the voluntary separation incentive payable 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2707 
for the same period in an amount not to exceed the amount 
of the basic pay or compensation received for that period."; 
and 
(2) in paragraph (3), by adding at the end the following 
new sentence: "If the member elected to have a reduction 
in volimtary separation incentive for anv period pursuant to 
paragraph (2), the deduction required under the preceding sen-
tence shall be reduced accordingly.". 
(b) CREDITING OF MILITARY SERVICE FOR CIVIL SERVICE RETIRE-
NfENT.—Such section is further amended by striking out para-
graph (6). 
(c) EFFECTIVE DATE.—The amendments to section 1175 of title lo use 1175 
10, United States Code, made by subsections (a) and (b) shall "°^-
apply as if included in section 1175 of title 10, United States 
Code, as enacted on December 5,1991. 
SEC. 4407. IMPROVED CONVERSION HEALTH POUCIES AS PART OF 
TRANSITIONAL MEDICAL CARE. 
(a) SEPARATED MEMBERS.—Section 1145(b) of title 10, United 
States Code, is amended— 
(1) in paragraph (1), by adding at the end the following 
new sentence: ''A conversion health poUcy offered under this 
paragraph shall provide coverage for not less than an 18-
month period."; 
(2) in paragraph (2XA), by striking out **one-year period" 
and inserting in lieu thereof "IS-month period"; and 
(3) by adding at the end the following new paragraphs: 
"(4) If the Secretary of Defense is unable, within a reasonable 
time, to enter into a contract with a private insurer to provide 
the conversion health policy required under paragraph (1) at a 
rate not to exceed the pajnnent 
required 
under 
section 
8905a(dXlXA) of title 5 for comparable coverage, the Secretary 
shall offer such a policy under the Civilian Health and Medical 
Program of the Uniformed Services. Subject to paragraph (5), a 
member purchasing a policy from the Secretary shall be required 
to pay into the Military Health Care Account or other appropriate 
account an amount equal to the sum of— 
"(A) the individual and Government contributions which 
would be required in the case of a person enrolled in a health 
benefits plan contracted for imder section 1079 of this title; 
and 
"(B) an amount necessanr for administrative expenses, but 
not to exceed two percent of the amount under subparagraph 
(A). 
"(5) The amoimt paid by a member who purchases a conversion 
health policy from the Secretary of Defense imder paragraph (4) 
may not exceed the payment required under section 8905a(dXlXA) 
of title 5 for comparable coverage. 
**{6) In order to reduce premiums required under paragraph 
(4), the Secretary of Defense may offer a conversion health policy 
that, with respect to mental health services, offers reduced coverage 
and increased cost-sharing by the purchaser.". 
(b) ONE-YEAR DEPENDENTS.—Section 1086a(a) of such title is 
amended— 
(1) in subsection (a), by adding at the end the following 
new sentence: "A conversion health policy offered under this 
106 STAT. 2708 
PUBLIC LAW 102-484—OCT. 23, 1992 
subsection shall provide coverage for not less than a 24-month 
period."; 
(2) in subsection (bXD, by striking out "one-year period" 
and inserting in lieu thereof ''24-month period"; 
(3) by redesignating subsection (c) as subsection (d); and 
(4) by inserting after subsection (b) the following new sub-
section: 
"(c) EFFECT OF UNAVAILABILITY OF POUCIES.—(1) If the Sec-
retary of Defense is unable, within a reasonable time, to enter 
into a contract with a private insurer to offer conversion health 
policies under subsection (a) at a rate not to exceed the pavment 
required under section 8905a(dXlXA) of title 5 for comparable cov-
erage, the Secretary shall provide the coverage re(][uired under 
such a policy through the Civilian Health and Medical Program 
of the Uniformed Services. Subject to paragraph (2), a person receiv-
ing coverage imder this subsection shall be required to pay into 
the Military Health Care Account or other appropriate account 
an amoimt equal to the sum o
f
— 
"(A) the individual and Government contributions which 
would be required in the case of a person enrolled in a health 
benefits plan contracted for imder section 1079 of this title; 
and 
"(B) an amoimt necessary for administrative expenses, but 
not to exceed two percent of the amount under subparagraph 
(A). 
"(2) The amount paid by a person who purchases a conversion 
health policy from the Secretary of Defense under paragraph (1) 
may not exceed the pa}mient required imder section 8905a(d)(lXA) 
of title 5 for comparable coverage. 
"(3) In order to reduce premiums required under paragraph 
(1), the Secretary of Defense may offer a program of coverage 
that, with respect to mental health services, offers reduced coverage 
and increased cost-sharing by the purchaser.". 
1
0 use 1086a 
(c) AppucATiON T
O EXISTING CONTRACTS.—In the case of 
"°^- 
conversion health policies provided under section 1145(b) or 
1086a(a) of title 10, United States Code, and in effect on the 
date of the enactment of this Act, the Secretary of Defense shall— 
(1) arrange with the private insurer providing these policies 
to extend the term of the policies (and coverage of preexisting 
conditions) as provided by the amendments made by this sec-
tion; or 
(2) make other arrangements to implement the amend-
ments made by this section with respect to these policies. 
SEC. 4408. CONTINUED HEALTH COVERAGE. 
(a) 
MEMBERS, 
EMANCIPATED 
CHILDREN, 
AND 
FORMER 
SPOUSES.—<1) Chapter 55 of title 10, United States Code, is amend-
ed by inserting after section 1078 the following new section: 
^§ 
1078a. Continued health benefits coverage 
"(a) PROVISION OF CONTINUED HEALTH COVERAGE.—Beginning 
on October 1, 1994, the Secretarv of Defense shall implement and 
carry out a program of continued health benefits coverage in accord-
ance with this section to provide persons described in subsection 
(b) with temporary health benefits comparable to the health benefits 
provided for former civilian employees of the Federal (jovemment 
and other persons under section 8905a of title 5. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2709 
"(b) ELIGIBLE PERSONS.—^The persons referred to in subsection 
(a) are the following: 
"(1) A member of the armed forces who— 
"(A) is discharged or released from active duty (or 
full-time National Guard duty), whether voluntarily or 
involuntarily, under other than adverse conditions, as 
characterized by the Secretary concerned; 
"(B) immediately preceding that discharge or release, 
is entitled to medical and dental care under section 1074(a) 
of this title (except in the case of a member discharged 
or released from full-time National Guard duty); and 
"(C) after that discharge or release and any period 
of transitional health care provided imder section 1145(a) 
of this title, would not otherwise be eligible for any benefits 
imder this chapter. 
**(2) A person who— 
"(A) ceases to meet the requirements for being consid-
ered an immarried dependent child of a member or former 
member of the armed forces under section 1072(2XD) of 
this title; 
"(B) on the day before ceasing to meet those require-
ments, was covered imder a health benefits plan under 
this chapter or transitional health care under section 
1145(a) of this title as a dependent of the member or 
former member; and 
"(C) would not otherwise be eligible for any benefits 
under this chapter. 
"(3) A person who— 
"(A) is an unremarried former spouse of a member 
or former member of the armed forces; and 
"(B) on the day before the date of the final decree 
of divorce, dissolution, or annulment was covered under 
a health benefits plan under this chapter or transitional 
health care under section 1145(a) of this title as a depend-
ent of the member or former member; and 
"(C) is not a dependent of the member or former mem-
ber imder subparagraphs (F) or (G) of section 1072(2) of 
this title or ends a one-year period of dependency under 
subparagraph (H) of such section. 
"(c) NOTIFICATION OF ELIGIBILITY.—<1) The Secretary of Defense Regulations. 
shall prescribe regulations to provide for persons described in sub-
section (b) to be notified of eligibility to receive health benefits 
under this section. 
"(2) In the case of a member who becomes (or will become) 
eligible for continued coverage under subsection (bXl), the regula-
tions shall provide for the Secretary concerned to notify the member 
of the member's rights under this section as part of preseparation 
counseling conducted under section 1142 of this title or any other 
provision of other law. 
"(3) In the case of a child of a member or former member 
who becomes eligible for continued coverage under subsection (bX2), 
the regulations shall provide that— 
"(A) the member or former member may submit to the 
Secretary concerned a written notice of the child's change in 
status (including the child's name, address, and such other 
information as the Secretary of Defense may require); and 
106 STAT. 2710 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(B) the Secretary concerned shall, within 14 days after 
receiving that notice, inform the child of the child's rights 
under this section. 
''(4) In the case of a former spouse of a member or former 
member who becomes eligible for continued coverage under sub-
section (bX3), the regulations shall provide appropriate notification 
provisions and a 60-day election period under subsection (dX3). 
"(d) ELECTION OF COVERAGE.—In order to obtain continued 
coverage imder this section, an appropriate written election (submit-
ted in such manner as the Secretary of Defense may prescribe) 
shall be made as follows: 
"(1) In the case of a member described in subsection (bXD, 
the written election shall be submitted to the Secretary con-
cerned before the end of the 60-day period beginning on the 
later of— 
"(A) the date of the discharge or release of the member 
from active duty or full-time National Guard duty; 
''(B) the date on which the period of transitional health 
care applicable to the member under section 1145(a) of 
this title ends; or 
"(C) the date the member receives the notification 
required pursuant to subsection (c). 
''(2XA) In the case of a child of a member or former member 
who becomes eligible for continued coverage subsection (bX2), 
the written election shall be submitted to the Secretary con-
cerned before the end of the 60-day period beginning on the 
later of— 
''(i) the date on which the child first ceases to meet 
the requirements for being considered an unmarried 
dependent child under section 1072(2XD) of this title, or 
"(ii) the date the child receives the notification pursu-
ant to subsection (c). 
"(B) Notwithstanding subparagraph (A), if the Secretary 
concerned determines that the child's parent has failed to pro-
vide the notice referred to in subsection (cX3XA) with respect 
to the child in a timely fashion, the 60-day period under this 
paragraph shall be based only on the date under subparagraph 
(AXi). 
"(3) In the case of a former spouse of a member or a 
former member who becomes eligible for continued coverage 
imder subsection (bX3), the written election shall be submitted 
to the Secretary concerned before the end of the 60-day period 
beginning on the later of— 
"(A) the date as of which the former spouse first ceases 
to meet the requirements for being considered a dependent 
under section 1072(2) of this title; or 
"(B) such other date as the Secretary of Defense may 
prescribe. 
"(e) COVERAGE OF DEPENDENTS.—^A person eligible under sub-
section (bXD to elect to receive coverage may elect coverage either 
as an individual or, if appropriate, for self and dependents. A 
person eligible under subsection (bX2) or subsection (bX3) may 
elect only individual coverage. 
"(f) CHARGES.—(1) Under arrangements satisfactory to the Sec-
retary of Defense, a person receiving continued coverage under 
this section shall be required to pay into the Military Health Care 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2711 
Account or other appropriate account an amount equal to the sum 
of— 
"(A) the employee and agency contributions which would 
be required in the case of a similarly situated employee enrolled 
in a comparable health benefits 
plan under section 
8905a(dXlXAXi) of title 5; and 
"(B) an amount, not to exceed 10 percent of the amount 
determined under subparagraph (A), determined under regula-
tions prescribed by the Secretary of Defense to be necessary 
for administrative expenses; and 
"(2) If a person elects to continue coverage under this section 
before the end of the applicable period under subsection (d), but 
after the person's coverage under this chapter (and any transitional 
extension of coverage under section 1145(a) of this title) expires, 
coverage shall be restored retroactively, with appropriate contribu-
tions (determined in accordance with paragraph (1)) and claims 
(if any), to the same extent and efiect as though no break in 
coverage had occurred. 
"(g) PERIOD OF CONTINUED COVERAGE.—(1) Continued coverage 
under this section may not extend beyond— 
"(A) in the case of a member described in subsection (bXl), 
the date which is 18 months after the date the member ceases 
to be entitled to care under section 1074(a) of this title and 
any transitional care under section 1145 of this title, as the 
case may be; 
"(B) in the case of a person described in subsection (bX2), 
the date which is 36 months after the date on which the 
person first ceases to meet the requirements for being consid-
ered an unmarried dependent chUd under section 1072(2XD) 
ofthis title; and 
"(C) in the c£ise of a person described in subsection (bX3), 
except as provided in paragraph (4), the date which is 36 
months afi^er the later o
f
— 
"(i) the date on which the final decree of divorce, dis-
solution, or annulment occurs; and 
"(ii) if applicable, the date the one-year extension of 
dependency under section 1072(2XH) of this title expires. 
"(2) Notwithstanding paragraph (IXB), if a child of a member 
becomes eligible for continued coverage imder subsection (bX2) dur-
ing a period of continued coverage of the member for self and 
dependents under this section, extended coverage of the child imder 
this section may not extend beyond the date which is 36 months 
after the date the member became ineligible for medical and dental 
care under section 1074(a) of this title and any transitional health 
care imder section 1145(a) ofthis title. 
"(3) Notwithstanding paragraph (IXC), if a person becomes 
eligible for continued coverage under subsection (bX3) as the former 
spouse of a member during a period of continued coverage of the 
member for self and dependents under this section, extended cov-
erage of the former spouse under this section may not extend 
beyond the date which is 36 months after the date the member 
became ineligible for medical and dental care under section 1074(a) 
of this title and any transitional health care under section 1145(a) 
ofthis title. 
"(4XA) Notwithstanding paragraph (1), in the case of a former 
spouse described in subparagraph (B), continued coverage luider 
106 STAT. 2712 
PUBLIC LAW 102-484—OCT. 23, 1992 
this section shall continue for such period as the former spouse 
may request. 
"(B) A former spouse referred to in subparagraph (A) is a 
former spouse of a member or former member (other than a former 
spouse whose marriage was dissolved after the separation of the 
member from the service unless such separation was by retire-
ment)— 
"(i) who has not remarried before age 55 after the marriage 
to the employee, former employee, or annuitant was dissolved; 
"(ii) who was enrolled in an approved health benefits plan 
under this chapter as a family member at any time during 
the 18-month period before the date of the divorce, dissolution, 
or annulment; and 
"(iiiXI) who is receiving any portion of the retired or 
retainer pay of the member or former member or an annuity 
based on the retired or retainer pay of the member; or 
"(ID for whom a court order (as defined in section 1408(aX2) 
of this title) has been issued for pajnnent of any portion of 
the retired or retainer pay or for whom a court order (as 
defined in section 1447(8) of this title) or a written agreement 
(whether voluntary or pursuant to a court order) provides for 
an election by the member or former member to provide an 
annuity to the former spouse.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting afi^er the item relating to section 1078 
the following new item: 
"lOTSa. Continued health benefits coverage.". 
10 use 1145 
(b) TRANSITIONAL PROVISIONS.—The Secretary of Defense shall 
"°*®- 
provide a period for the enrollment for health benefits coverage 
under this section by members and former members of the Armed 
Services for whom the availability of transitional health care under 
section 1145(a) of title 10, United States Code, expires before the 
October 1, 1994, implementation date of section 1078a of such 
title, as added by subsection (a). 
10 use 1086a 
(c) TERMINATION OF APPUCABILITY OF OTHER CONVERSION 
"°**- 
HEALTH POLICIES.—(1) No person may purchase a conversion health 
policy under section 1145(b) or 1086a of title 10, United States 
Code, on or afi«r October 1, 1994. A person covered by such a 
conversion health policy on that date may cancel that policy and 
enroll in a health benefits plan under section 1078a of such title. 
(2) No person may be covered concurrently by a conversion 
health policy under section 1145(b) or 1086a of such title and 
a health benefits plan under section 1078a of such title. 
Subtitle B—Guard and Reserve Transition Initiatives 
10 use 1162 
SEC. 4411. FORCE REDUCTION TRANSITION PERIOD DEFINED. 
In this subtitle, the term "force reduction transition period" 
means the period beginning on October 1, 1991, and ending on 
September 30,1995. 
SEC. 4412. BfEMBER OF SELECTED RESERVE DEFINED. 
In this subtitle, the term "member of the Selected Reserve" 
means— 
(1) a member of a unit in the Selected Reserve of the 
Ready Reserve; and 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2713 
(2) a Reserve designated pursuant to section 268(b) of 
title 10, United States Code, who is assigned to an authorized 
position the performance of the duties of which qualify the 
member for basic pay or compensation for inactive-duty training 
or both. 
SEC. 4418. RESTRICTION ON RESERVE FORCE REDUCTION. 
(a) IN GENERAL.—^During the force reduction transition period. Regulations. 
a member of the Selected Keserve may not be involuntarily dis-
charged from a reserve component of the Armed Forces, or involun-
tarily transferred frt)m the Selected Reserve, before the Secretary 
of Defense has prescribed and implemented regulations that govern 
the treatment of members of the Selected Reserve assigned to 
such units and members of the Selected Reserve that are being 
subjected to such actions and a copy of such relations has been 
transmitted to the Committees on Armed Services of the Senate 
and House of Representatives. 
(b) SAVINGS PROVISION.—Subsection (a) shall not apply to 
actions completed before the date of the enactment of this Act. 
SEC. 4414. TRANSITION PLAN REQUIREMENTS. 
(a) PURPOSE OF PLAN.—^The purpose of the regulations referred 
to in section 4413 shall be to ensure that the members of the 
Selected Reserve are treated with fairness, with respect for their 
service to their country, and with attention to the adverse personal 
consequences of Selected Reserve unit inactivations, involimtary 
discharges of such members from the reserve components of the 
Armed Forces, and involuntary transfers of such members from 
the Selected Reserve. 
(b) SCOPE OF PLAN.—The regulations shall include— 
(1) such provisions as are necessary to implement the provi-
sions of this subtitle and the amendments made by this subtitle; 
and 
(2) such other policies and procediures for the recruitment 
of personnel for service in the Selected Reserve of the Ready 
Reserve, and for the reassignment, retraining, separation, and 
retirement of members of the Selected Reserve, as are appro-
priate for satisfying the needs of the Selected Reserve together 
with the purpose set out in subsection (a). 
(c) MINIMUM REQUIREMENTS FOR PLAN.—The regulations shall 
include the following: 
(1) The givmg of a priority for enrollment in, or reassign-
ment to. Selected Reserve units not being inactivated to— 
(A) p|ersonnel being separated from active-duty or frdl-
time National Guard duty; and 
(B) members of the Selected Reserve whose units are 
inactivated. 
(2) The giving of a priority to such personnel for transfer 
among the reserve components of the Armed Forces in order 
to facilitate reassignment to such imits. 
(3) A requirement that the Secretaries of tiie military 
departments take diligent actions to ensure that members of 
the reserve components of the Armed Forces are informed in 
easily understandable terms of the rights and benefits conferred 
upon such personnel by this subtitle, by the amendments made 
by this subtitle, and by such regulations. 
(4) Such other protections, preferences, and benefits as 
the Secretary of Defense considers appropriate. 
106 STAT. 2714 
PUBLIC LAW 102-484—(XTT. 23, 1992 
(d) UNIFORM AppuCABiUTY.^The regulations shall apply uni-
formly to the Army, Navy, Air Force, and Marine Corps. 
SEC. 4415. INAPPUCABIUTY TO CERTAIN DISCHARGES AND TRANS-
FERS. 
The protections, preferences, and benefits provided for in regu-
lations prescribed in accordance with this subtitle do not apply 
with respect to a member of the Selected Reserve who is discharged 
from a reserve component of the Armed Forces or is transferred 
from the Selected Reserve to another category of the Ready Reserve, 
to the Standby Reserve, or to the Retired Reserve— 
(1) at the request of the member imless such request was 
made and approved under a provision of this subtitle or section 
1331a of title 10, United States Code (as added by section 
4417); 
(2) because the member no longer meets the (][ualifications 
for membership in the Selected Reserve set forth m any provi-
sion of law as in effect on the day before the date of the 
enactment of this Act; 
(3) imder adverse conditions, as characterized by the Sec-
retary of the miUtary department concerned; or 
(4) if the member— 
(A) is immediately eligible for retired pay based on 
militaiy service under any provision of law; 
(B) is serving as a military technician, as defined in 
section 8401(30) of title 5, United States Code, and would 
be immediately eligible for an unreduced annuity under 
the provisions of subchai}ter III of chapter 83 of such title, 
relating to the Civil Service Retirement and Disability Sys-
tem, or the provisions of chapter 84 of such title, relatmg 
to the Federal Employees' Retirement System; or 
(C) is eligible for separation pay under section 1174 
of title 10, United States Code. 
SEC. 4416. FORCE REDUCTION PERIOD RETIREMENTS. 
(a) TEMPORARY SPECIAL AUTHORITY FOR ELIMINATION OF OFFI-
CERS FROM ACTIVE STATUS.—(1) During the force reduction transi-
tion period, the Secretary of the Army and the Secretary of the 
Air Force may, whenever the Secretary determines that such action 
is necessai^, convene a board to recommend an appropriate number 
of officers m the reserve components of the Army or the Air Force, 
as the case may be, who (A) nave met the age and service require-
ments specified in section 1331 of title 10, United States Code, 
for entiuement to retired pay for nonregular service except for 
not being at least 60 years of age, or (B) are immediately eligible 
for retired pay based on military service under any provision of 
law, for eUmination from an active status. 
(2) An officer who is to be eliminated from an active status 
under this section, shall, if qualified, be given an opportunity to 
request transfer to the appropriate Retired Reserve and, if the 
ofiicer requests it, shall be so transferred. If the officer is not 
transferred to the Retired Reserve, the officer shall, in the discretion 
of the Secretary concerned, be transferred to the appropriate inac-
tive status Ust or be discharged. 
(3) A member of the Army National Guard of the United 
States or the Air National Guard of the United States may not 
be eliminated from an active status under this section without 
the consent of the Governor or other appropriate authority of the 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2715 
State or territory, Puerto Rico, or the District of Columbia, which-
ever is concerned. 
(b) 
TEMPORARY SPECIAL AUTHORITY.—During the period 
referred to in subsection (c), the Secretary concerned may grant 
a member of the Selected Reserve under the age of 60 years the 
annual payments provided for imder this section if— 
(1) as of October 1, 1991, that member has completed 
at least 20 years of service computed under section 1332 of 
title 10, United States Code, or after that date and before 
October 1, 1995, such member completes 20 years of service 
computed under that section; 
(2) the member satisfies the requirements of paragraphs 
(3) and (4) of section 1331(a) of title 10, United States Code; 
and 
(3) the member applies for transfer to the Retired Reserve— 
(A) in the case of a member who has not received 
the notice required by section 1331(d) of that title before 
the date of the enactment of this Act, within one year 
after receiving such notice; and 
(B) in the case of a member who received such a 
notice before the date of the enactment of this Act, within 
one year after that date. 
(c) PERIOD OF APPLICABILITY.—^The period referred to in sub-
section (b) is, with respect to a member of the Selected Reserve, 
the force reduction transition period, the period provided under 
paragraph (3) of that subsection for the member to submit an 
application, and the period necessary for taking action on that 
application. 
(d) ANNUAL PAYMENT PERIOD.—^An annual payment granted 
to a member under this section shall be paid for 5 years, except 
that if the member attains 60 years of age during the 5-year 
period the entitlement to the annual payment shall terminate on 
the member's 60th birthday. 
(e) COMPUTATION OF ANNUAL PAYMENT.—(1) The annual pay-
ment for a member shall be equal to the amount determined by 
multiplying the product of 12 and the applicable percent under 
paragraph (2) by the monthly basic pay to which the member 
would be entitled if the member were serving on active duty as 
of the date the member is transferred to the Retired Reserve. 
(2XA) Subject to subparagraph (B) the percent applicable to 
a member for purposes of paragraph (1) is 5 percent plus 0.5 
percent for each full year of service, computed under section 1332 
of title 10, United States Code, that a member has completed 
in excess of 20 years before transfer to the Retired Reserve. 
(B) The maximum percent applicable under this paragraph 
is 10 percent. 
(f) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE.—(1) Sub- Regulations. 
ject to regulations prescribed by the Secretary of Defense, the 
Secretary concerned may limit the applicability of this section to 
any category of personnel defined by the Secretary concerned in 
order to meet a need of the armed force under the jurisdiction 
of the Secretary concerned to reduce the number of members in 
certain grades, the number of members who have completed a 
certain number of years of service, or the number of members 
who possess certain military skills or are serving in designated 
competitive categories. 
106 STAT. 2716 
PUBLIC LAW 102-484—OCT. 23, 1992 
(2) A limitation under paragraph (1) shall be consistent with 
the purpose set forth in section 4414(a). 
(g) NONDUPUCATION OF BENEFITS.—A member transferred to 
the Retired Reserve under the authority of section 1331a of title 
10, United States Code (as added by section 4417), may not be 
paid annual payments under this section. 
(h) FUNDING.—^To the extent provided in appropriations Acts, 
payments under this section in a fiscal year shall be made out 
of amounts available to the Department of Defense for that fiscal 
year for the pay of reserve component personnel. 
SEC. 4417. RETIREMENT WITH 16 YEARS OF SERVICE. 
(a) AUTHORITY.—Chapter 67 of title 10, United States Code, 
is amended by inserting alter section 1331 the following new section: 
^§ 1331a. Temporary special retirement qualification author-
ity 
"(a) RETIREMENT WITH AT LEAST 15 YEARS OF SERVICE.—For 
the purposes of section 1331 of this title, the Secretary of a miUtary 
department may— 
"(1) during the period described in subsection (b), determine 
to treat a member of the Selected Reserve of a reserve compo-
nent of the armed force under the jurisdiction of that Secretary 
as having met the service requirements of subsection (aX2) 
of that section and provide the member with the notification 
required by subsection (d) of that section if the member— 
"(A) as of October 1, 1991, has completed at least 
15, and less than 20, years of service computed imder 
section 1332 of this title; or 
"(B) after that date and before October 1, 1995, com-
pletes 15 years of service computed imder that section; 
and 
"(2) upon the request of the member submitted to the 
Secretary >vithin one year after the date of the notification 
referred to in paragraph (1), transfer the member to the Retired 
Reserve. 
**(b) PERIOD OF AUTHORITY.—^The period referred to in sub-
section (aXD is the period beginning on the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 1993 
and ending on October 1,1995. 
"(c) APPUCABILITY SUBJECT TO NEEDS OF THE SERVICE.—(1) 
The Secretary of the military department concerned may limit 
the applicability of subs3ction (a) to any categoiy of personnel 
defined by the Secretary in order to meet a need of the armed 
force under the jurisdiction of the Secretary to reduce the number 
of members in certain grades, the number of members who have 
completed a certain number of years of service, or the niunber 
of members who possess certain military skills or are serving in 
designated competitive categories. 
"(2) A limitation under paragraph (1) shall be consistent with 
the purpose set forth in section 4414(a) of the National Defense 
Authorization Act for Fiscal Year 1993. 
"(d) EXCLUSION.—^This section does not apply to persons 
referred to in section 1331(c) of this title. 
**(e) REGULATIONS.—^The authority provided in this section shall 
be subject to regulations prescribed by the Secretary of Defense.". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2717 
(b) CLERICAL AMENDMENT.—The table of sections at the begui-
ning of such chapter is amended by inserting after the item relating 
to section 1331 the following new item: 
"133 la. Temporary special retirement qualification authority.". 
SEC. 4418. SEPARATION PAY. 
(a) ELIGIBILITY.—Subject to section 4415, a member of the 
Selected Reserve who, after completing at least 6 years of service 
computed imder section 1332 of title 10, United States Code, and 
before completing 15 years of service computed under that section, 
is involimtarily discharged from a reserve component of the Armed 
Forces or is involimtanly transferred from me Selected Reserve 
is entitled to separation pay. 
(b) AMOUNT OF SEPARATION PAY.—(1) The amount of separation 
pay which may be paid to a person imder this section is 15 percent 
of the product o
f
— 
(A) the years of service credited to that person imder section 
1333 of title 10, United States Code; and 
(B) 62 times the daily equivalent of the monthly basic 
pay to which the person would have been entitled had the 
person been serving on active duty at the time of the person's 
discharge or transfer. 
(2) In ike case of a person who receives separation pay under 
this section and who later receives btusic pay, compensation for 
inactive duty training, or retired pay under any provision of law, 
such basic pay, compensation, or retired pay, as the case may 
be, shall be reduced by 75 percent until the total amount withheld 
through such reduction equals the total amount of the separation 
pay received by that person under this section. 
(c) RELATIONSHIP TO OTHER SERVICE-RELATED PAY.—Sub-
sections (g) and (h) of section 1174 of title 10, United States Code, 
shall apply to separation pay under this section. 
(d) REGULATIONS.—^The Secretary of Defense shall prescribe 
regulations, which shall be uniform for the Army, Navy, Air Force, 
and Marine Corps, for the administration of this section. 
SEC. 4419. WAIVER OF CONTINUED SERVICE REQUIREMENT FOR CER. 
TAIN RESERVISTS FOR MONTGOMERY GI BILL BENEFITS. 
(a) CHAPTER 106.—Section 2133(bXl) of title 10, United States 
Code, is amended to read as follows: 
"(bXD In the case of a person— 
"(A) who is separated from the Selected Reserve because 
of a disability which was not the result of the individual's 
own willful misconduct incurred on or after the date on which 
such person became entitled to educational assistance under 
this chapter; or 
"(B) who, on or after the date on which such person became 
entitled to educationed assistance under this chapter ceases 
to be a member of the Selected Reserve during the period 
beginning on October 1, 1991, and ending on September 30, 
1995, by reason of the inactivation of me person's unit of 
assignment or by reason of involuntarily ceasing to be des-
ignated as a member of the Selected Reserve pursuant to section 
268(b) of this title, 
the period for using entitlement prescribed by subsection (a) shall 
be determined without regard to clause (2) of such subsection.". 
106 STAT. 2718 
PUBLIC LAW 102-484—OCT. 23, 1992 
(b) CHAPTER 30.—Section 3012(bXlXB) of title 38, United States 
Code, is amended— 
(1) by striking out ''or" at the end of clause (i); 
(2) by striking out the period at the end of clause (ii) 
and inserting in lieu thereof "; or"; and 
(3) by adding after clause (ii) the following: 
"(iii) who, before completing the four years of service 
described in clauses (IXAXii) and (IXBXii) of subsection (a) 
of this section, ceases to be a member of the Selected Reserve 
during the period beginning on October 1, 1991, and ending 
on September 30, 1995, by reason of the inactivation of the 
person's unit of assignment or by reason of involuntarily ceasing 
to be designated as a member of the Selected Reserve pursuant 
to section 268(b) of title 10.". 
SEC. 4420. COMMISSARY AND EXCHANGE PRIVILEGES. 
Regulations. 
The Secretary of Defense shall prescribe regulations to author-
ize a person who involuntarily ceases to be a member of the Selected 
Reserve during the force reduction transition period to continue 
to use commissary and exchange stores in the same manner as 
a member of the Selected Reserve for a period of two years beginning 
on the later of— 
(1) the date on which that person ceases to be a member 
of the Selected Reserve; or 
(2) the date of the enactment of this Act. 
SEC. 4421. APPUCABILITY AND TERMINATION OF BENEFITS. 
Regulations. 
(a) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE.—<1) 
Subject to regulations prescribed by the Secretary of Defense, the 
Secretary of the military department concerned may limit the 
applicability of a benefit provided imder sections 4418 through 
4420 to any category of personnel defined by the Secretary con-
cerned in order to meet a need of the armed force imder the 
jurisdiction of the Secretary concerned to reduce the number of 
members in certain grades, the number of members who have 
completed a certain number of years of service, or the number 
of members who possess certain military skills or are serving in 
designated competitive categories. 
(2) A Umitation under paragraph (1) shall be consistent with 
the purpose set forth in section 4414(a). 
(b) 
INAPPLICABILITY 
TO 
CERTAIN 
SEPARATIONS 
AND 
REASSIGNMENTS.—Sections 4418 through 4420 do not apply with 
respect to personnel who cease to be members of the Selected 
Reserve under adverse conditions, as characterized by the Secretary 
of the military department concerned. 
(c) TERMINATION OF BENEFITS.—^The eligibility of a member 
of a reserve component of the Armed Forces (afi^r having involun-
tarily ceased to oe a member of the Selected Reserve) to receive 
benefits and privileges under sections 4418 through 4420 terminates 
upon the involuntary separation of such member from the Armed 
Forces under adverse conditions, as characterized by the Secretary 
of the military department concerned. 
SEC. 4422. READJUSTMENT BENEFITS FOR CERTAIN VOLUNTARILY 
SEPARATED MEMBERS OF THE RESERVE COMPONENTS. 
(a) SPECIAL SEPARATION BENEFITS.—Section 1174a of title 10, 
United States Code, is amended— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2719 
(1) in subsection (bXl)> by inserting "or full-time National 
Guard duty* after "active dutjr; 
(2) in subsection (cX2), by inserting "or full-time National 
Guard duty or any combination of active duty and full-time 
Nationcd Guard duty" after "active duty"; 
(3) in subsection (cX3), by inserting after "or full-time 
National Guard duty or any combination of active duty and 
full-time National Guard dutv" after "active duty"; 
(4) in subsection (cX4), D
)
r inserting "or fml-time National 
Guard duty or any combination of active duty and full-time 
Nationid Guard duty" after "active duty", and by inserting 
"and" after the semicolon at the end; and 
(5) in subsection (c), by striking out paragraph (5) and 
redesignating paragraph (6) as paragraph (5). 
(b) VOLUNTARY SEPARATION INCENTIVE.—Section 1175 of title 
10, United States Code, is amended— 
(1) in subsection (bXD, by inserting "or full-time National 
Guard duty or any combination of active duty and full-time 
Nationid Guard duty" after "active duty"; 
(2) in subsection G>X2), by insertmg "or full-time National 
Guard duty or any combination of active duty and full-time 
National Guard dut]^" after "active duty"; and 
(3) in subsection (b), by striking out paragraph (3) and 
redesignating paragraph (4) as paragraph (3). 
Subtitle C—^Department of Defense Civilian Personnel 
Transition Initiatives 
SEC. 4481. GOVERNMENT-WIDE LIST OF VACANT POSITIONS. 
(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following: 
*
*
§ 3329. Government-wide list of vacant positions 
"(a) For the purpose of this section, the term 'agency* means 
an Executive agency, excluding the General Accounting OfiEice and 
any agency (or unit thereof) whose principal function is the conduct 
of foreign intelligence or counterintelligence activities, as deter-
mined by the President. 
"(b) The Office of Personnel Management shall estabUsh and 
keep current a comprehensive list of all announcements of vacant 
positions in the competitive service within each agency that are 
to be filled by appointment for more than one year and for which 
applications are being (or will soon be) accepted firom outside the 
agency's work force. 
"(c) Included for any position listed shall be— 
"(1) a brief description of the position, including its title, 
tenure, location, and rate of pay; 
"(2) application procedures, including the period within 
which appucations may be submitted and procedures for obtain-
ing additional information; and 
"(3) any other information which the Office considers appro-
priate. 
(d) The list shall be available to members of the public. 
"(e) The Office shall prescribe such regulations as may be 
neceasaxy to carry out this section. Any requirement under this 
section that agencies notify the Office as to the availability of 
any vacant positions shall be designed so as to avoid any duplication 
Labor. 
Public 
information. 
Regulations. 
106 STAT. 2720 
PUBLIC LAW 102-484—OCT. 23, 1992 
of information otherwise required to be furnished under section 
3327 of this title or any other provision of law.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 33 of title 5, United States Code, is amended 
by inserting after the item relating to section 3328 the following: 
"3329. Government-wide list of vacant positions.". 
5 u s e 3301 note. SEC. 4432. TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT 
OF CERTAIN DISPLACED FEDERAL EMPLOYEES. 
(a) DEFINITIONS.—For the purpose of this section— 
(1) the term "agency^ means an Executive £igency (as 
defined by section 105 of title 5, United States Code), excluding 
the General Accoimting Ofiice and the Department of Defense; 
and 
(2) the term "displaced employee" means any individual 
who is— 
(A) an employee of the Department of Defense who 
has been given specific notice that such employee is to 
be separated due to a reduction in force; or 
(B) a former employee of the Department of Defense 
who was involuntarily separated therefrom due to a reduc-
tion in force. 
Regulations. 
(b) M
E
T
H
O
D O
F CONSIDERATION.—In accordance with regula-
tions which the Office of Personnel Management shall prescribe, 
consistent with otherwise applicable provisions of law, an agency 
shall, in filling a vacant position for which a qualified displaced 
employee has applied in timely fashion, give full consideration 
to the application of the displaced employee before selecting any 
candidate from outside the agency for the position. 
(c) LIMITATION.—^A displaced employee is entitled to consider-
ation in accordance with this section for the 24-month period begin-
ning on the date such employee receives the specific notice referred 
to in subsection (aX2XA), except that, if the employee is separated 
pursuant to such notice, the right to such consideration shall con-
tinue through the end of the 24-month period beginning on the 
date of separation. 
(d) APPLICABILITY.—(1) This section shall apply to any individ-
ual who— 
(A) became a displaced employee within the 12-month 
period ending immediately before the date of the enactment 
ofthis Act;or 
(B) becomes a displaced employee on or after the date 
of the enactment ofthis Act and before October 1,1997. 
(2) In the case of a displaced employee described in paragraph 
(IXA), for purposes of computing any period of time under sub-
section (c), the date of the specmc notice described in subsection 
(aX2XA) (or, if the employee was separated as described in sub-
section (aX2XB) before the date of enactment of this Act, the date 
of separation) shall be deemed to have occurred on such date 
of enactment. 
(3) Nothing in this section shall be considered to apply with 
respect to any position— 
(A) which has been filled as of the date of enactment 
ofthis Act; or 
(B) which has been excepted from the competitive service 
because of its confidential, policy-determining, policy-making 
or poUcy-advocating character. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2721 
SEC. 4433. REDUCnON-IN-FORCE NOTIFICATION REQUIREMENTS. 
(a) IN GENERAL.—(1) Section 3502 of title 5, United States 
Code, is amended by adding at the end the following: 
''(dXD Except as provided under subsection (e), an employee 
may not be released, due to a reduction in force, unless— 
"(A) such employee and such employee's exclusive rep-
resentative for collective-bargaining purposes (if any) are given 
written notice, in conformance witn the requirements of para-
graph (2), at least 60 days before such employee is so released; 
and 
"(B) if the reduction in force would involve the separation 
of a significant number of employees, the requirements of para-
graph (3) are met at least 60 days before any employee is 
so released. 
"(2) Any notice imder paragraph (IXA) shall include— 
"(A) the personnel action to be taken with respect to the 
employee involved; 
"(B) the effective date of the action; 
"(C) a description of the procedures appUcable in identifying 
employees for release; 
"(D) the employee's ranking relative to other competing 
employees, and how that ranking was determined; and 
"(E) a description of any appeal or other rights which 
may be available. 
**(3) Notice under paragraph (IXB)— 
"(A) shall be given to-— 
"(i) the appropriate State dislocated worker unit or 
imits (referred to m section 311(bX2) of the Job Training 
Partnership Act); and 
"(ii) the chief elected official of such unit or each of 
such units of local government as may be appropriate; 
and 
"(B) shall consist of written notification as to— 
"(i) the number of employees to be separated firom 
service due to the reduction in force (broken down by 
geographic area or on such other basis as may be required 
imder paragraph (4)); 
"(ii) when those separations will occur; and 
"(iii) any other matter which might facilitate the deliv-
ery of rapia response assistance or other services iinder 
the Job Training Partnership Act. 
"(4) The Office shall prescribe such regulations as may be Regulations. 
necessary to carry out this subsection. The Office shall consult 
with the Secretary of Labor on matters relating to the Job Training 
Partnership Act. 
"(eXD Subject to paragraph (3), upon request submitted under 
paragraph (2), the President may, in writing, shorten the period 
of advance notice required under subsection (dXlXA) and (B), with 
respect to a particular reduction in force, if necessary because 
of circumstances not reasonably foreseeable. 
"(2) A request to shorten notice periods shall be submitted 
to the President by the head of the agency involved, and shall 
indicate the reduction in force to which the request pertains, the 
number of days by which the agency head requests that the periods 
be shortened, and the reasons why the request is necessary. 
"(3) No notice period may be shortened to less than 30 days 
under this subsection.". 
106 STAT. 2722 
PUBLIC LAW 102-484—OCT. 23, 1992 
5 use 3502 note. 
5 use 3502 note. 
Regulations. 
10 use 1597 
note. 
Regulations. 
(2) The amendment made by paragraph (1) shall apply with 
respect to any personnel action taking effect on or after the last 
day of the 90-aay period beginning on the date of enactment of 
this Act. 
, 
O
b
) SPECIAL RULE.—(1) The provisions of section 3502(d) and 
(e) of title 5, United States Code (as added 1^ subsection (a)) 
shall apply to employees of the Department of Defense according 
to their terms, except that, with respect to any reduction in force 
within that agency that would involve tiie separation of a significant 
number of employees (as determined under paragraph (IXB) of 
such section 3502(d)), any reference in such section 3502(d) to 
"60 days" shall, in the case of the employees described in paragraph 
(2), be deemed to read "120 days". 
(2) The employees described in this paragraph are those employ-
ees of the Department of Defense who are to be separated, due 
to a reduction in force described in paragraph (1), effective on 
or after the last day of the 90-day period referred to in subsection 
(aX2) and before February 1,1998. 
(3) Nothing in this subsection shall prevent the application 
of the amendment made by subsection (a) with respect to an 
employee if— 
(A) the preceding paragraphs of this subsection do not 
apply with respect to sucn employee; and 
(B) the amendment made by subsection (a) would otherwise 
apply with respect to such employee. 
(4) The Secretary of Defense shall prescribe such regulations 
as may be necessary to carry out this subsection. 
SEC. 4434. RESTORATION OF CERTAIN LEAVE. 
Section 6304(d) of title 5, United States Code, is amended 
by adding at the end the following: 
"(3) For the purpose of this subsection, the closure of an installa-
tion of the Department of Defense, during the period beginning 
on October 1, 1992, and ending on December 31, 1997, shall be 
deemed to create an exigency of the public business and any leave 
that is lost by an employee of such installation by operation of 
this section (regardless of whether such leave was scheduled) shall 
be restored to the employee and shall be credited and available 
in accordance with paragraph (2).". 
SEC. 4436. SKILL TRAINING PROGRAMS IN THE DEPARTMENT OF 
DEFENSE. 
(a) AuTHOMTY.—(1) Under regulations prescribed by the Sec-
retary of Defense, the Secreteries of the military departmente, 
and the Secretary of Defense with respect to employees of the 
Department of Defense other than employees of the military depart-
mente, mav provide not more than one year of training in training 
facilities of the Department to civilian employees of the Department 
of Defense who are separated from employment as a result of 
a reduction in force or a closure or realignment of a military 
installation. 
(2) Training may be provided under this subsection during 
the period beginning on October 1, 1992, and ending on Sep-
tember 30,1995. 
(b) REGISTER OF TRAINING PROGRAMS.—Not later than Feb-
ruary 1, 1993, the Secretory of Defense, in consultetion with the 
Secretary of Labor and the Director of the Office of Personnel 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2723 
Management, shall publish a register of the skill training programs 
carried out by the Department of Defense. The register shall— 
(1) include a list of the skill training programs; 
(2) provide information on the location of such programs, 
the training provided under such programs, and the number 
of persons who may receive training under such programs; 
and 
(3) identify the programs that provide training in skills 
that are useful to employees in the civilian work force. 
SEC. 4436. SEPARATION PAY. 
(a) IN GENERAL.—(1) Subchapter IX of chapter 55 of title 5, 
United States Code, is amended by adding at the end the following: 
*
*
§ 5597. Separation pay 
"(a) For the purpose of this section— 
"(1) the term 'Secretary* means the Secretary of Defense; 
"(2) the term 'defense agency* means an agency of the 
Department of Defense, as further defined under regulations 
prescribed by the Secretary; and 
"(3) the term 'employee' means an employee of a defense 
agency, serving under an appointment without time limitation, 
who has been currently employed for a continuous period of 
at least 12 months, except that such term does not include— 
"(A) a reemployed annuitant under subchapter III of 
chapter 83, chapter 84, or another retirement system for 
employees of the Government; or 
"(B) an employee having a disability on the basis of 
which such employee is or would be eligible for disability 
retirement imder any of the retirement systems referred 
to in subparagraph (A). 
"(b) In order to avoid or minimize the need for involimtary 
separations due to a reduction in force, base closure, reorganization, 
transfer of function, or other similar action affecting 1 or more 
defense agencies, the Secretanr shall establish a program imder 
which sepcuration pay may be offered to encourage eligible employees 
to separate from service voluntarily (whether by retirement or 
resignation). 
"(c) Under the program, separation pay may be offered by 
a defense agency only— 
"(1) with the prior consent, or on the authority, of the 
Secretary; and 
"(2) to employees within such occupational groups or 
geographic locations, or subject to such other similar limitations 
or conditions, as the Secretary may require. 
**(d) Such separation pay— 
"(1) shall be paid in a lump sum; 
"(2) shall be equal to the lesser o
f
— 
"(A) an amount equal to the amount the emjployee 
would be entitled to receive under section 5595(c) if the 
employee were entitled to pajrment under such section; 
or 
"(B) $25,000; 
"(3) shall not be a basis for pa3anent, and shall not be 
included in the computation, of any other type of Government 
benefit; and 
59-194 O—93 
30 : QL 3 (Pt. 3) 
106 STAT. 2724 
PUBLIC LAW 102-484—OCT. 23, 1992 
''(4) shall not be taken into account for purposes of deter-
mining the amount of any severance pay to which an individual 
may l^ entitled under section 5595 based on any other separa-
tion. 
''(e) No amount shall be payable under this section based on 
any separation occurring after September 30,1997. 
"(i) The Secretary shall prescribe such regulations as may be 
necessa^to carry out this section.". 
(2) The table of sections at the beginning of chapter 55 of 
title 5, United States Code, is amended by adding at the end 
the following: 
"5597. Separation pay,". 
5 use 5597 note. 
(b) SOURCE OF PAYMENTS.—<1) For fiscal years after fiscal 
year 1993, separation pay shall be paid by an agency out of any 
fiinds or appropriations available for salaries and expenses of such 
agency. 
(2) Of the amoimt authorized to be appropriated in section 
301(5) for operation and maintenance for the Defense Agencies, 
$70,000,000 shall be made available for payment of separation 
E
ay under section 5597 of title 5, United States Code, as added 
y subsection (a). 
5 use 5597 note. 
(c) REPORT.—At the end of each of fiscal years 1993 through 
1998, the Secretary of Defense shall submit to the President, the 
Congress, and the Director of the Office of Personnel Management 
a report on the effectiveness and costs of c€m:ying out the amend-
ments made by this section. 
5 use 8348 note. 
(d) TiMELY PROCESSING OF RETIREMENT BENEFITS.—(1) In order 
to ensure the timely processing of applications for retirement bene-
fits, under the Civil Service Retirement System or the Federal 
Employees' Retirement System, for civilian employees of the Depart-
ment of Defense and other employees who retire when their agency 
is undergoing a ms^or reorganization, a major reduction in force, 
or a mtgor transfer of fiinction, the costs incurred by the Office 
of Personnel Management in processing any such application shall 
be deemed to be an administrative expense described in section 
8348(aXlXB) of title 5, United States Code. 
(2) This subsection shall apply with respect to applications 
for retirement benefits based on separations occurring before Janu-
ary 1,1998. 
SEC. 4437. THRIFT SAVINGS PLAN BENEFITS OF EMPLOYEES SEPA-
RATED BY A REDUCTION IN FORCE. 
(a) BENEFITS.—Section 8433(b) of title 5, United States Code, 
is amended by inserting "any employee who separates from Govern-
ment emplo3nnent pursu£uit to regulations under section 3502(a) 
of this title or procedures under section 3595(a) of this title in 
a reduction in force," afi^r "chapter 81 of this title,". 
(b) PROTECTIONS FOR SPOUSES.—Section 8435(cX2XA) of title 
5, United States Code, is amended by inserting ", or who separates 
from Government employment pursuant to regulations under sec-
tion 3502(a) of this title or procedures under section 3595(a) of 
this title in a reduction in force," after "8451 of this title". 
(c) 
APPUCATION TO CIVIL 
SERVICE 
RETIREMENT SYSTEM 
EMPLOYEES.—Section 8351(bX4) of title 5, United States Code, is 
amended by inserting ", separates from Government employment 
pursuant to regulations under section 3502(a) of this title or proce-
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2725 
dures under section 3595(a) of this title in a reduction in force," 
after "section 8337 of this title)". 
(d) APPLICABILITY.—The amendments made by this section shall 5 use 8351 
apply with respect to separations occurring after December 31, "°**-
1993, or such earlier date as the Executive Director (appointed 
under section 8474 of title 5, United States Code) may by regulation 
prescribe. 
SEC. 4438. CONTINUED HEALTH BENEFITS. 
(a) IN GENERAL.—Section 8905a(d) of title 5, United States 
Code, is amended— 
(1) in paragraph (IXA) by striking **An individual" and 
inserting "Except as provided in paragraph (4), an individual"; 
(2) in paragraph (2) by striking "m accordance with para-
graph (1)) and inserting "in accordance with paragraph (1) 
or (4), as the case may be) ; and 
(3) by adding at the end the following: 
"(4)(A) Ii the basis for continued coverage under this section 
is an involuntary separation from a position in or under the Depart-
ment of Defense due to a reduction in force— 
"(i) the individual shall be liable for not more than the 
emplojree contributions referred to in paragraph (IXAXi); and 
"(li) the agency which last employed the individual shall 
pay the remaining portion of the amount required imder para-
graph (IXA). 
"(B) This paragraph shall apply with respect to any individual 
whose continued coverage is based on a separation occurring on 
or after the date of enactment of this paragraph and before— 
"(i) October 1,1997; or 
"(ii) February 1, 1998, if specific notice of such separation 
was given to such individual before October 1,1997.". 
(b) SOURCE OF PAYMENTS.—<1) Any amount which becomes 5USC8905a 
payable by an agency as a result of the enactment of subsection "°**-
(a) shall be paid out of funds or appropriations available for salaries 
and expenses of such agency. 
(2) Of the amounts authorized to be appropriated pursuant 
to section 301, $2,000,000 shall be available for agency payments 
under section 8905a(dX4XAXii) of title 5, United States Code, as 
added by subsection (a). 
Subtitle D—Defense Efforts to Relieve Shortages of Elemen-
tary and Secondary School Teachers and Teachers' Aides 
SEC. 4441. TEACHER AND TEACHER'S AIDE PLACEMENT PROGRAM 
FOR SEPARATED MEMBERS OF THE ARMED FORCES. 
(a) PLACEMENT PROGRAM.—(1) Chapter 58 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
*'§1151. Assistance to separated members to obtain certifi-
cation and employment as teachers or employ-
ment as teachers' aides 
"(a) PLACEMENT PROGRAM.—The Secretary of Defense may 
establish a program— 
"(1) to assist eligible members of the armed forces after 
their separation from active duty to obtain— 
106 STAT. 2726 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(A) certification or licensure as elementary or second-
ary school teachers; or 
"(B) the credentials necessary to serve as teachers' 
aides; and 
''(2) to faciUtate the emplojrment of such members by local 
educational agencies identified under subsection (bX2) as 
experiencing a shortage of teachers or teachers' aides. 
*
*
(
b
) STATES WITH ALTERNATIVE CERTIFICATION REQUIREMENTS 
A
N
D 
TEACHER AND TEACHER'S AIDE 
SHORTAGES.—Upon 
the 
establishment of the placement program authorized by subsection 
(a), the Secretary of Defense, in consultation with the Secretary 
of Education, shall— 
"(1) conduct a survey of States to identify those States 
that have alternative certification or licensure requirements 
for teachers, including those States that grant credit for service 
in the armed forces toward satisfying certification or licensure 
requirements for teachers; 
"(2) periodically request information from States identified 
imder paragraph (1) to identify in these States those local 
educational agencies that— 
"(A) are receiving grants under chapter 1 of title I 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 2701 et seq.) as a result of having within their 
jurisdictions concentrations of children from low-income 
families; and 
"(B) are also experiencing a shortage of qualified teach-
ers, in particular a shortage of science, mathematics, or 
« 
engineering teachers; and 
"(Z) periodically request information 
firom 
all States to iden-
tify local educational agencies that— 
"(A) are receiving grants imder chapter 1 of title I 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 2701 et seq.) as a result of having within their 
jurisdictions concentrations of children from low-income 
families; and 
"(B) are experiencing a shortage of teachers' aides. 
"(c) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph 
(2), a member shall be eligible for selection by the Secretary of 
Defense to participate in ttie placement program authorized by 
subsection (a) if the member— 
"(A) during the five-year period beginning on October 1, 
1992, is discharged or released firom active duty after six or 
more years of continuous active duty immediately before the 
discharge or release; 
"(B) has received— 
"(i) in the case of a member applying for assistance 
for placement as an elementary or secondary school teacher, 
a baccalaureate or advanced degree firom an accredited 
institution of higher education; or 
"(ii) in the case of a member applying for assistance 
for placement as a teacher's aide in an elementary or 
secondary school, an associate, baccalaureate, or advanced 
degree firom an accredited institution of higher education 
or a junior or community college; and 
"(C) satisfies such other criteria for selection as the Sec-
retary may prescribe. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2727 
"(2) A member who is discharged or released from service 
imder other than honorable conditions shall not be eligible to 
participate in the program. 
"(3) The Secretaiy may accept an application from a member 
who was discharged or released from active duty during the period 
beginning on October 1, 1990, and ending on Octol^r 1, 1992, 
if the member otherwise satisfies the eligibility criteria specified 
in paragraph (1). 
"(d) INFORMATION REGARDING PLACEMENT PROGRAM.—The Sec-
retary of Defense shall provide information regarding the placement 
program, and m£ike applications for the program available, to mem-
bers as part of preseparation counseling provided under section 
1142 of tnis title. The information provided to members shall iden-
tify those States that have alternative certification or licensure 
requirements for teachers, including those States that grant credit 
for service in the armed forces toward satisfying such requirements, 
and indicate those local educational agencies identified under sub-
section (bX2) as experiencing a shortage of qualified teachers or 
teachers' aides. 
"(e) SELECTION OF PARTICIPANTS.—(1) Selection of members 
to participate in the placement program authorized by subsection 
(a) shall De made on the basis of applications submitted to the 
Secretary of Defense before the date of the discharge or release 
of the members from active duty. In the case of members referred 
to in subsection (cX3), the Secretary shall establish a reasonable 
time period after the date of the enactment of this section for 
the submission of applications. An application shall be in such 
form and contain such information as the Secretary may require. 
"(2) In selecting paiticipants to receive assistance for placement 
as elementary or secondary school teachers, the Secretary shall 
give priority to members who— 
"(A) have educational or military experience in science, 
mathematics, or engineering and agree to seek emplojrment 
as science, mathematics, or engineering teachers in elementary 
or secondary schools; or 
"(B) have educational or military experience in another 
subject area identified by the Secretary, m consultation with 
the Secretary of Education, as important for national edu-
cational objectives and agree to seek employment in that subject 
area in elementary or secondary schools. 
"(3) The Secretary may not select a member to participate 
in the program unless the Secreteiy has sufficient appropriations 
for the placement program available at the time of the selection 
to satisfy the obligations to be incurred by the United States under 
subsections (g) and (h) with respect to that member. 
"(f) AGREEMENT.—A member selected to participate in the place-
ment progreun authorized by subsection (a) shall be required to 
enter mto an agreement with the Secretaiy of Defense m which 
the member agrees— 
"(1) to obtain, within such time as the Secretary may 
require, certification or licensure as an elementery or secondary 
school teacher or the necessary credentials to serve as a teach-
er's aide in an elementary or secondary school; and 
"(2) to accepts 
"(A) in the case of a member selected for assistance 
for placement as a teacher, an offer of full-time emplojrment 
as an elementery or secondary school teacher for not less 
106 STAT. 2728 
PUBLIC LAW 102-484—OCT. 23, 1992 
than two school years with a local educational agency 
identified under subsection 0)X2), to begin the school year 
after obtaining that certification or licensure; or 
"(B) in the case of a member selected for assistance 
*for placement as a teacher's aide, an offer of fiill-time 
employment as a tecicher's aide in an elementary or second-
ary school for not less than two school years with a local 
educational agency identified under subsection (bX3), to 
begin the school year after obtaining the necessary creden-
ticus. 
"(g) STIPEND FOR PARTICIPANTS.—(1) Except as provided in 
paragraph (2), the Secretary of Defense shall pay to each participant 
m the placement program a stipend in an amount equal to the 
lesser or— 
"(A) $6,000; or 
"(B) the total costs of the type described in paragraphs 
(1), (2), (3), (8), and (9) of section 472 of the Higher Education 
Act of 1966 (20 U.S.C. 108711) incurred by the participant 
while obtaining teacher certification or licensure or the nec-
essary credentials to serve as a teacher's aide and employment 
as an elementary or secondaiy school teacher or teacner aide. 
"(2) A member who is entitled to benefits under section 1174a 
or 1175 of this title or is given early retirement imder section 
4403 of the National Defense Authorization Act for Fiscal Year 
1993 shall not be paid a stipend under paragraph (1). 
"(3) A stipend paid under paragraph (1) shedl be taken into 
account in determimng the eligibility of the participant for Federal 
student financial assistance provided under title iV of the Higher 
Education Act of 1966 (20 U.S.C. 1070 et seq.). 
"(h) GRANTS TO FACILITATE PLACEMENT.—(1) In the case of 
a participant in the placement program obtaining teacher certifi-
cation or Ucensure, tne Secretary of Defense shall offer to enter 
into an agreement under this subsection with the first local edu-
cational agency identified under subsection (bX2) that employs the 
participant as a full-time elementary or secondary school teacher 
after the participant obtains teacher certification or licensure. 
"(2) in the case of a participant in the program obtaining 
credentials to serve as a teacher's aide, the Secretary shall offer 
to enter into an agreement under this subsection with the first 
local educational agency identified under subsection (bX3) that 
employs the participant as a fiill-time teacher's aide. 
"(3) Under an agreement referred to in paragraph (1) or (2)— 
"(A) the locid educational agency shall agree to employ 
the participant full time for not less than two consecutive 
school years (at a basic salar]^ to be certified to the Secretary) 
in a school of the local educational agency serving a concentra-
tion of children 
fi*om 
low-income families; and 
"(B) the Secretary shall agree to p ^ to the local educational 
agency an amount e(iual to the lesser of— 
"(i) the basic salary to be paid by the local educational 
agency to the participant during the two years; and 
"(u) $60,000. 
"(4) Payments required under paragraph (2) may be made 
by the Secretary in such installments as the Secretary may deter-
mine. 
"(6) If a participant leaves the emplojrment of a local educational 
agency before the end of the two years of required service, the 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2729 
local educational agency shall reimburse the Secretary in an amount 
that bears the same ratio to the total amount already paid imder 
the agreement as the unserved portion bears to the two years 
of required service. 
"(6) The Secretary may not make a grant under this subsection 
to a local educational agency if the Secretary determines that the 
agency terminated the empio^ent of another employee in order 
to fill the vacancy so created with ciparticipant. 
"(i) REIMBURSEMENT UNDER (JERTAIN CIRCUMSTANCES.—(1) If 
a participant in the placement progrcun fails to obtain teacher 
certification or licensure or employment as an elementary or second-
ary school teacher or employment as a teacher's aide as required 
under the agreement or voluntarily leaves, or is terminated for 
cause, from the emplo3mient during the two years of required serv-
ice, the participant shall be required to reimburse the Secretary 
of Defense for any stipend paid to the participant under subsection 
(g)(1) in an amount that bears the same ratio to the amoimt 
of the stipend as the unserved portion of required service bears 
to the two years of required service. 
"(2) The obligation to reimburse the Secretary under this sub-
section is, for all purposes, a debt owing the united States. A 
discharge in bankruptcy under title 11 shall not release a partici-
pant from the obligation to reimburse the Secretaiy. Any amount 
owed by a participant under paragraph (1) shall bear interest 
at the rate equal to the highest rate being paid bv the United 
States on the day on which the reimbursement is determined to 
be due for securities having maturities of ninety days or less and 
shall accrue from the day on which the participant is first notified 
of the amount due. 
"(j) EXCEPTIONS TO REIMBURSEMENT PROVISIONS.—(1) A partici-
pant in the placement program shall not be considered to be in 
violation of an agreement entered into under subsection (f) diuing 
any period in which the participant— 
"(A) is pursuing a full-time course of study related to the 
field of teaching at an eligible institution; 
"(B) is serving on active duty as a member of the Armed 
Forces; 
"(C) is temporarily totidly disabled for a period of time 
not to exceed three years as established by sworn affidavit 
of a qualified phvsician; 
(D) is imable to secure emplojrment for a period not to 
exceed 12 months by reason of tne care required by a spouse 
who is disabled; 
"(E) is seeking and imable to find full-time employment 
as a teacher or teacher's aide in an elementary or secondary 
school for a single period not to exceed 27 months; or 
"(F) satisfies the provisions of additional reimbursement 
exceptions that may be prescribed by the Secretary of Defense. 
"(2) A participant shall be excused from reimbursement under 
subsection (i) if tne participant becomes permanently totally dis-
abled as established by sworn affidavit of a qualified physician. 
The Secretary may also waive reimbursement in cases of extreme 
hardship to the participant, as determined by the Secretary. 
"(k) DEFINITIONS.—In this section: 
"(1) The term 'State' includes the District of Columbia, 
American Samoa, the Federated States of Micronesia, Guam, 
the Republic of the Marshall Islands, the Commonwealth of 
106 STAT. 2730 
PUBLIC LAW 102-484—OCT. 23, 1992 
the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, Palau, and the Virgin Islands. 
"(2) The term 'alternative certification or Ucensure require-
ments' means State or local teacher certification or licensure 
requirements that permit a demonstrated competence in appro-
priate subject areas gained in careers outside of education 
to be substituted for traditional teacher training course work.". 
(2) The table of sections at the be^nning of such chapter 
is amended by adding at the end the following new item: 
"1151. Assistance to separated members to obtain certification and employment as 
teachers or employment as teachers' aides.". 
(b) 
INFORMATION 
REGARDING 
PLACEMENT 
PROGRAM 
IN 
PRESEPARATION COUNSELING.—Section' 1142(bX4) of such title is 
amended by inserting before the period the following: "and informa-
tion regarding the placement program established under section 
1151 of this title to assist members obtain employment as 
elementary or secondary school teachers or teachers' aides.". 
SEC. 4442. TEACHER AND TEACHER'S AmE PLACEMENT PROGRAM 
FOR TERMINATED DEFENSE EMPLOYEES. 
(a) PLACEMENT PROGRAM.—Chapter 81 of title 10, United States 
Code, is amended by adding at the end the following new section: 
^§ 1598. Assistance to terminated employees to obtain certifi-
cation and employment as teachers or employ-
ment as teachers' aides 
"(a) PLACEMENT PROGRAM.—The Secretary of Defense may 
establish a program— 
''(1) to assist eligible civilian employees of the Department 
of Defense and the Department of Energy after the termination 
of their employment to obtain— 
"(A) certification or licensure as elementary or second-
ary school teachers; or 
''(B) the credentials necessary to serve as teachers' 
aides; and 
"(2) to facilitate the employment of such employees by 
local educational agencies tha^— 
"(A) are receiving grants under chapter 1 of title I 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 2701 et seq.) as a result of having within their 
jurisdictions concentrations of children from low-income 
families; and 
"(B) are also experiencing a shortage of teachers or 
teachers' aides. 
"(b) ELIGIBLE EMPLOYEES.—(1) A civilian employee of the 
Department of Defense or the Department of Energy shall be 
eligible for selection by the Secretary of Defense to participate 
in the placement program authorized by subsection (a) if the 
employee— 
"(A) during the five-year period beginning October 1, 1992, 
is terminated from such employment as a result of reductions 
in defense spending or the closure or realignment of a military 
installation, as determined by the Secretary of Defense or the 
Secretary of Energy, as the case may be; 
"(B) has received— 
"(i) in the case of an employee applving for assistance 
for placement as an elementary or secondary school teacher, 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2731 
a baccalaureate or advanced degree from an accredited 
institution of higher education; or 
"(ii) in the case of an employee applying for assistance 
for placement as a teachers aide in an elementary or 
secondary school, an associate, baccalaureate, or advanced 
degree from an accredited institution of higher education 
or a junior or community college; and 
"(C) satisfies such other criteria for selection as the Sec-
ret€inr of Defense may prescribe. 
"(2) The Secretary of Defense may accept an application frt)m 
a civihan employee referred to in paragraph (1) who was terminated 
during the period beginning on October 1, 1990, and ending on 
October 1, 1992, if the employee otherwise satisfies the eligibility 
criteria specified in that paragraph. 
"(c) SELECTION OF PARTICIPANTS.—(1) Selection of civilian 
employees to participate in the placement program shall be made 
on the basis of apphcations submitted to the Secretary of Defense 
after the employees receive a notice of termination. An application 
shall be filed within such time, in such form, and contain such 
information as the Secretary of Defense may require. 
"(2) In selecting participants to receive assistance for placement 
as elementary or secondary school teachers, the Secretary of Defense 
shall give priority to civilian employees who— 
"(A) have educational, military, or employment experience 
in science, mathematics, or engineering and agree to seek 
employment as science, mathematics, or engineering teachers 
in elementary or secondary schools; or 
"(B) have educational, military, or emplojnnent experience 
in another subject area identified by the Secretary, in consulta-
tion with the Secretary of Education, as important for national 
educational objectives and agree to seek employment in that 
subject area in elementary or secondary schools. 
"(3) The Secretary of Defense may not select a civilian employee 
to participate in the program unless the Secretary has sufficient 
appropriations for the placement program available at the time 
of the selection to satisfy the obligations to be incurred by the 
United States under the program with respect to that member, 
"(d) AGREEMENT.—^A civilian employee selected to participate 
in the placement program shall be required to enter into an agree-
ment wiUi the Secretary of Defense in which the employee agrees— 
"(1) to obtain, within such time as the Secretary may 
require, certification or licensure as an elementary or secondary 
school teacher or the necessary credentials to serve as a teach-
er's aide in an elementary or secondary school; and 
"(2) to accept— 
"(A) in the case of an employee selected for assistance 
for placement as a teacher, an offer of full-time employment 
as an elementary or secondary school teacher for not less 
than two school years with a local educational agency 
identified under section 1151(bX2) of this title, to begin 
the school year after obtaining tiiat certification or licen-
sure; or 
"(B) in the case of an employee selected for assistance 
for placement as a teacher's aide, an offer of full-time 
employment as a teacher's aide in an elementary or second-
ary school for not less than two school years with a local 
educational agency identified under section 1151(bX3) of 
106 STAT. 2732 
PUBLIC LAW 102-484—OCT. 23, 1992 
this title, to begin the school year after obtaining the nec-
essary credentials. 
"(e) STIPEND FOR PARTICIPANTS.—(1) Except as provided in 
paragraph (2), the Secretary of Defense shall pay to each participant 
in the placement program a stipend in an amount equal to the 
lesser o
f
— 
"(A) $5,000; or 
"(B) the total costs of the type described in paragraphs 
(1), (2), (3), (8), and (9) of section 472 of the Higher Education 
Act of 1965 (20 U.S.C. 1087W) incurred by the participant 
while obtaining teacher certification or licensure or the nec-
essary credentials to serve as a teacher's aide and employment 
as an elementary or secondary school teacher or teacher aide. 
"(2) A civilian employee selected to participate in the placement 
program who receives separation pay imder section 5597 of title 
5 shall not be paid a stipend under paragraph (1). 
"(3) A stipend paid under paragraph (1) shall be taken into 
accoimt in determining the eligibility of the particmant for Federal 
student financial assistance provided under title iV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.). 
"(4) A person who receives a stipend imder section 4436 of 
this title shall not be paid a stipend pursuant to paragraph (1). 
"(f) PLACEMENT OF PARTICIPANTS AS TEACHERS AND TEACHERS' 
AIDES.—Subsections (h) through (k) of section 1151 of this title 
shall apply with respect to the placement program authorized by 
this section.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"1598. Assistance to terminated employees to obtain certification and employment 
as teachers or employment as teachers' aides.". 
SEC. 4443. TEACHER AND TEACHER'S AIDE PLACEMENT PROGRAM 
FOR DISPLACED SCIENTISTS AND ENGINEERS OF 
DEFENSE CONTRACTORS. 
(a) PLACEMENT PROGRAM.—Chapter 141 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
*
*
§ 2410c. Displaced contractor employees: assistance 
to 
obtain certification and employment as teachers 
or employment as teachers' aides 
"(a) ASSISTANCE PROGRAM.—The Secretary of Defense may 
enter into a cooperative agreement with a defense contractor in 
order— 
"(1) to assist an eligible scientist or engineer employed 
by the contractor whose employment is terminated to obtain— 
"(A) certification or licensure as an elementary or 
secondary school teacher; or 
"(B) the credentials necessary to serve as a teacher's 
aide; and 
"(2) to facilitate the employment of the scientist or engineer 
by a local educational agency tnat— 
"(A) is receiving a grant under chapter 1 of title I 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 2701 et seq.) as a result of having within its 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2733 
jurisdiction concentrations of children from low-income 
families; and 
"(B) is also experiencing a shortage of teachers or 
teachers' aides. 
"(b) ELIGIBLE DEFENSE CONTRACTORS.—(1) The Secretary of 
Defense shall establish an application and selection process for 
the participation of defense contractors in a cooperative agreement 
authorized under subsection (a). 
"(2) The Secretary shall determine which defense contractors 
are eligible to participate in the placement program on the basis 
of applications submitted under subsection (c). The Secretary shall 
limit participation to those defense contractors or subcontractors 
that^ 
"(A) produce goods or services for the Department of 
Defense pursu£int to a defense contract or operate nuclear 
weapons manufacturing facilities for the Department of Energy; 
and 
"(B) have recently reduced operations, or are likely to 
reduce operations, due to the completion or termination of 
a defense contract or program or by reductions in defense 
spending. 
"(3) The Secretary shall give special consideration to defense 
contractors who are located in areas that have been hit particularly 
hard by reductions in defense spending. 
"(c) DEFENSE CONTRACTOR APPLICATIONS.—<1) A defense con-
tractor desiring to enter into a cooperative agreement with the 
Secretary of Defense imder subsection (a) shall submit an applica-
tion to the Secretary containing the following: 
"(A) Evidence that the contractor has been, or is expected 
to be, adversely affected by the completion or termination of 
a defense contract or program or by reductions in defense 
spending. 
"(B) An explanation that scientists and engineers employed 
by the contractor have been terminated, laid off, or retired, 
or are likely to be terminated, laid off, or retired, as a result 
of the completion or termination of a defense contract or pro-
gram or reductions in defense spending. 
"(C) A description of programs implemented or proposed 
by the contractor to assist these scientists and engineers. 
"(D) A commitment to help fund the costs associated with 
the placement program by paying 50 percent of the stipend 
provided under subsection (g) to an employee or former 
employee of the contractor selected to receive assistance under 
this section. 
"(2) Once a cooperative agreement is entered into under sub-
section (a) between the Secretary and the defense contractor, the 
contractor shall publicize the program and distribute applications 
to prospective participants, and assist the prospective participants 
with the State screening process. 
"(d) EUGIBLE SCIENTISTS AND ENGINEERS.—An individual shall 
be eligible for selection by the Secretary of Defense to receive 
assistance under this section if the individual— 
"(1) is employed or has been employed for not less than 
five years as a scientist or engineer with a private defense 
contractor that has entered into an agreement imder subsection 
(a); 
"(2) has received— 
106 STAT. 2734 
PUBLIC LAW 102-484—OCT. 23, 1992 
"(A) in the case of an individual applying for assistance 
for placement as an elementary or secondary school teacher, 
a baccalaureate or advanced degree from an accredited 
institution of higher education; or 
"(B) in the case of an individual applying for assistance 
for placement as a teacher's aide in an elementary or 
secondary school, an associate, baccalaureate, or advanced 
degree from an accredited institution of higher education 
or a junior or community college; and 
"(3) has been terminated or laid off (or received notice 
of termination or lay ofiD as a result of the completion or 
termination of a defense contract or program or reductions 
in defense spending; and 
''(4) satisfies such other criteria for selection as the Sec-
retary may prescribe. 
"(e) SELECTION OF PARTICIPANTS.—(1) In selecting participants 
to receive assistance for placement as elementary or secondary 
school teachers, the Secretary shall give priority to individuals 
who— 
"(A) have educational, military, or employment experience 
in science, mathematics, or engineering and agree to seek 
employment as science, mathematics, or engineering teachers 
in elementary or secondary schools; or 
"(B) have educational, military, or employment experience 
in another subject area identified by the Secretary, in consulta-
tion with the Secretary of Education, as important for national 
educational objectives and agree to seek emplo3rment in that 
subject area in elementary or secondary schools. 
"(2) The Secretary may not select an individual under this 
section unless the Secretary has sufficient appropriations to carry 
out this section available at the time of the selection to satisfy 
the obUgations to be incurred by the United States under this 
section with respect to that individual. 
"(f) AGREEMENT.—An individual selected under this section 
shall be required to enter into an agreement with the Secretary 
in which the participant agrees— 
"(1) to obtain, within such time as the Secretary may 
require, certification or licensure as an elementary or secondary 
school teacher or the necessary credentials to serve as a teach-
er's aide in an elementary or secondary school; and 
"(2) to accepts 
"(A) in the case of an individual selected for assistance 
for placement as a teacher, an offer of full-time employment 
as an elementary or secondary school teacher for not less 
than two school years with a local educational agency 
identified under section 1151(bX2) of this title, to begin 
the school year after obtaining that certification or licen-
sure; or 
"(B) in the case of an individual selected for assistance 
for placement as a teacher's aid, an offer of full-time 
employment as a teacher's aide in an elementary or second-
ary sdiool for not less than two school years with a local 
educational agency identified imder section 1151(bX3) of 
this title, to begin the school year after obtaining the nec-
essary credentisds. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2735 
"(g) STIPEND FOR PARTICIPANTS.—(1) The Secretary of Defense 
shall pay to each participant in the placement program a stipend 
in an amount equal to the lesser o
f
— 
"(A) $5,000; or 
"(B) the total costs of the type described in paragraphs 
(1), (2), (3), (8), and (9) of section 472 of the Higher Education 
Act of 1965 (20 U.S.C. 1087//) incurred by the participant 
while obtaining teacher certification or licensure or the nec-
essary credentials to serve as a teacher's aide and employment 
as an elementary or secondary school teacher or teacher aide. 
"(2) A stipend provided under this section shall be taken into 
account in determining the eligibility of the participant for Federal 
student financial assistance provided imder title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.). 
"(h) PLACEMENT OF PARTICIPANTS AS TEACHERS AND TEACHERS' 
AIDES.—Subsections (h) through (k) of section 1151 of this title 
shall apply with respect to the placement as teachers and teachers' 
aides of individuals selected under this section.". 
(b) CLERICAL AMENDMENT.—The teble of sections at the begpi-
ning of such chapter is amended by adding at the end the following 
new item: 
'^410c. Displaced contractor employees: assistance to obtain certification and em-
ployment as teachers or employment as teachers' aides.". 
SEC. 4444. FUNDING FOR FISCAL YEAR 1993. 
Of the amount authorized to be appropriated in section 301(5), 
$65,000,000 shall be available for the teacher and teacher's aide 
placement programs authorized by sections 1151, 1598, and 2410c 
of title 10, United Stetes Code, as added by this subtitle. 
Subtitle E—^Environmental Education and Retraining 
Provisions 
SEC. 4451. ENVIRONMENTAL SCHOLARSHIP AND FELLOWSHIP PRO- 10 USC 2701 
GRAMS 
FOR 
THE 
DEPARTMENT 
OF 
DEFENSE. 
(a) ESTABLISHMENT.—^The Secretory of Defense (hereinafter in 
this section referred to as the '^Secretaiy") may conduct scholarship 
and fellowship programs for the purpose of enabling individuals 
to quaUfy for employment in the field of environmentol restoration 
or other environmentol programs in the Department of Defense. 
(b) ELIGIBILITY.—^To be eligible to participate in the scholarship 
or fellowship program, an individual must— 
(1) be accepted for enrollment or be ciurently enrolled 
as a fiill-time student at an institution of higher education 
(as defined in section 1201(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1141(a)); 
(2) be pursuing a program of education that leads to an 
appropriate higher education degree in engineering, biology, 
chemistry, or another qualifying field related to environmental 
activities, as determined by the Secretory; 
(3) sign an agreement described in subsection (c); 
(4) be a citizen or national of the United States or be 
an alien lawfully admitted to the United Stotes for permanent 
residence; and 
(5) meet any other requiremento prescribed by the Sec-
retory. 
note. 
106 STAT. 2736 
PUBLIC LAW 102-484—OCT. 23, 1992 
(c) AGREEMENT.—^An agreement between the Secretary and an 
individual participating in a scholarship or fellowship established 
in subsection (a) shall be in writing, shall be signed by the individ-
ual, and shall include the following provisions: 
(1) The agreement of the Secretary to provide the individual 
with educational assistance for a specified number of school 
years (not to exceed 5 years) during which the individual is 
pursuing a course of education in a qualifying field. The assist-
ance may include payment of tuition, fees, books, laboratory 
expenses, and (in the case of a fellowship) a stipend. 
(2) The agreement of the individual to perform the 
following: 
(A) Accept such educational assistance. 
(B) Maintain enrollment and attend£Uice in the edu-
cational program until completed. 
(C) Maintain, while enrolled in the educational pro-
gram, satisfactory academic progress as prescribed by the 
institution of higher education in which the individual is 
enrolled. 
(D) Serve, upon completion of the educational program 
and selection by the Secretary under subsection (e), as 
a full-time employee in an environmental restoration or 
other environmental position in the Department of Defense 
for the applicable period of service specified in subsection 
(d). 
(d) PERIOD OF SERVICE.—^The period of service required under 
subsection (c)(2XD) is as follows: 
(1) For an individual who completes a bachelor's degree 
under a scholarship program established under subsection (a), 
a period of 12 months for each school year or part thereof 
for which the individual is provided a scholarship under the 
program. 
(2) For an individual who completes a master's degree 
or other post-graduate degree imder a fellowship program estab-
lished under subsection (a), a period of 24 months for each 
school year or part thereof for which the individual is provided 
a fellowship under the program. 
(e) SELECTION FOR SERVICE.—The Secretary shall annually 
review the number and performance under the agreement of individ-
uals who complete educational programs during the preceding year 
under any scholarship and fellowship programs conducted pursuant 
to subsection (a). From among such individuals, the Secretary shall 
select individuals for environmental positions in the Department 
of Defense, based on the type and availability of such positions. 
(f) REPAYMENT.—(1) Any individual participating in a scholar-
ship or fellowship program under this section shall agree to pay 
to the United States the total amount of educational assistance 
provided to the individual under the program, plus interest at 
the rate prescribed in paragraph (4), if— 
(A) the individual does not complete the educational pro-
gram as agreed to pursuant to subsection (cX2XB), or is selected 
by the Secretary under subsection (e) but declines to serve, 
or fails to complete the service, in a position in the Department 
of Defense as agreed to pursuant to subsection (cX2XD); or 
(B) the individual is involuntarily separated for cause fh)m 
the Department of Defense before the end of the period for 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2737 
which the individual has agreed to continue in the service 
of the Department of Defense. 
(2) If an individual fails to fulfill the agreement of the individual 
to pay to the United States the total amount of educational assist-
ance provided under a program established imder subsection (a), 
plus interest at the rate prescribed in paragraph (4), a sum equal 
to the £unount of the educational assistance (plus such interest, 
if applicable) shall be recoverable by the United States from the 
individual or his estate by— 
(A) in the case of an individual who is an employee of 
the Department of Defense or other Federal agency, set off 
ag£dnst accrued pay, compensation, amount of retirement 
credit, or other amount due the employee from the United 
States; and 
(B) such other method provided by law for the recovery 
of amounts owing to the United States. 
(3) The Secretary may waive in whole or in part a required 
repayment imder this subsection if the Secretary determines the 
recovery would be against equity and good conscience or would 
be contrary to the best interests of the United States. 
(4) The total amount of educational assistance provided to 
an individual under a program established under subsection (a) 
shall, for purposes of repayment imder this section, bear interest 
at the applicable rate of interest under section 427A(c) of the 
Higher Education Act of 1965 (20 U.S.C. 1077a(c)). 
(g) PREFERENCE.—In evaluating applicants for the award of 
a scholeu'ship or fellowship under a program established under 
subsection (a), the Secretary shall give a preference to— 
(1) individuals who are, or have been, employed by the 
Department of Defense or its contractors and subcontractors 
who have been engaged in defense-related activities; and 
(2) individuals who are or have been members of the Armed 
Forces. 
(h) C
C
K
D
R
D
I
N
A
T
I
O
N OF BENEFITS.—^A scholarship or fellowship 
awarded imder this section shall be taken into account in determin-
ing the eligibility of the individual for Federal student financial 
assistance provided under title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1070 et seq.). 
(i) AWARD OF SCHOLARSHIPS AND FELLOWSHIPS.—The Secretary 
may award to qualified appUcants not more than 100 scholarships 
(for imdergraduate students) and not more than 30 fellowships 
(for graduate students) in fiscal year 1993. 
(j) REPORT TO CONGRESS.—Not later than January 1, 1994, 
the Secretary shall submit to the Congress a report on activities 
undertaken under the programs established under subsection (a) 
and recommendations for future activities under the programs. 
(k) FUNDING FOR FISCAL YEAR 1993.—Of the amount authorized 
to be appropriated in section 301(5)— 
(1) $7,000,000 shall be available to carry out the scholar-
ship and fellowship programs established in subsection (a); 
ana 
(2) $3,000,000 shall be available to provide training to 
Department of Defense personnel to obtain the skills required 
to comply with existing environmental statutory and regiuatory 
reqmrements. 
106 STAT. 2738 
PUBLIC LAW 102-484—OCT. 23, 1992 
10 use 2701 
SEC. 4452. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION TO PRO-
i^ote 
VIDE TRAINING IN ENVIRONMENTAL RESTORATION AND 
HAZARDOUS WASTE MANAGEMENT. 
(a) ESTABLISHMENT OF PROGRAM.—^The Secretary of Defense 
may establish a program to assist institutions of higher education, 
as defined in section 1201(a) of the Higher Education Act of 1965 
(20 U.S.C. 1141(a)), to provide education and training in environ-
mental restoration and hazardous waste management. 
(b) FINANCIAL ASSISTANCE.—The Secretanr may award grants 
to such institutions imder the program established under subsection 
(a). 
(c) ELIGIBILITY AND SELECTION.—(1) To be eligible for financial 
assistance under this section, such an institution shall submit to 
the Secretary a proposal for such assistance in the time and manner 
and containing the information required by the Secretary. 
(2) The Secretary shall, pursuant to a merit-based selection 
process, select such institutions to receive fiuiding under a program 
established under this section based upon— 
(A) the proposal of such an institution to provide expertise, 
training, and education in environmental restoration and 
hazardous waste management and other environmental fields 
applicable to defense manufacturing sites and Department of 
Defense and Department of Energy defense facilities; and 
(B) any other criteria prescribed by the Secretary. 
(d) FUNDING FOR FISCAL YEAR 1993.—Of the amount authorized 
to be appropriated in section 301(5), $10,000,000 shall be available 
to carry out the program established imder subsection (a). 
Subtitle F—Job Training and Employment and Educational 
Opportunities 
10 use 1143 
SEC. 4461. IMPROVED COORDINATION OF JOB TRAINING AND PLACE-
note- 
MENT PROGRAMS FOR MEMBERS OF THE ARMED FORCES. 
The Secretary of Defense shall consult with the Secretary of 
Labor, the Secretary of Education, the Secretary of Veterans Affairs, 
and the Economic Adjustment Committee to improve the coordina-
tion of, and eliminate duplication between, the following job training 
and placement programs available to members of the Armed Forces 
who are discharged or released 
firom 
active duty: 
(1) The Job Training Partnership Act (29 U.S.C. 1501 et 
seq.). 
(2) Sections 1143 and 1144 of title 10, United States Code. 
(3) Chapter 41 of title 38, United States Code. 
(4) The Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2301 et seq.). 
(5) The Act of August 16, 1937 (Chapter 663; 50 Stat 
664; 29 U.S.C. 50 et seq.), commonly known as the National 
Apprenticeship Act. 
(6) The Wagner-Peyser Act (29 U.S.C. 49 et seq.) 
SEC. 4462. ENCOURAGEMENT FOR CONTINUING PUBUC AND C
O
M
M
U
-
NITY SERVICE. 
(a) PERMANENT PROGRAM.—(1) Chapter 58 of title 10, United 
States Code, is amended by inserting after section 1143 the follow-
ing new section: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2739 
*
*
§ 1143a. Encouragement 
of postseparation 
public 
and 
community service: Department of Defense 
"(a) IN GENERAL.—^The Secretary of Defense shall implement 
a program to encourage members and former members of the armed 
forces to enter into public and community service jobs after dis-
charge or release from active duty. 
"(b) PERSONNEL REGISTRY.—The Secretary shall maintain a 
registry of members and former members of the armed forces dis-
charged or released from active duty who request registration for 
assistance in pursuing public £md commimity service job opportuni-
ties. The registry shall include information on the particular job 
skills, qualifications, and experience of the registered personnel. 
"(c) REGISTRY OF PUBLIC SERVICE AND COMMUNITY SERVICE 
ORGANIZATIONS.—^The Secretary shall also maintain a registry of 
public service and community service organizations. The registry 
shall contain information regarding each organization, including 
its location, its size, the types of public and community service 
positions in the organization, points of contact, procedures for apply-
ing for such positions, and a description of each such position 
that is likely to be available. Any such organization may request 
registration imder this subsection and, subject to guidelines pre-
scribed by the Secretary, be registered. 
"(d) ASSISTANCE TO BE PROVIDED.—(1) The Secretary shall 
actively attempt to match personnel registered under subsection 
(b) with public and community service job opportunities and to 
facilitate job-seeking contacts between such personnel and the 
employers offering the jobs. 
"(2) The Secretary shall offer personnel registered under sub-
section (b) counselling services regarding— 
"(A) public service and commimity service organizations; 
and 
"(B) procedures and techniques for qualifying for and apply-
ing for jobs in such organizations. 
"(3) The Secretary may provide personnel registered under 
subsection (b) with access to the interstate job bank program of 
the United States Employment Service if the Secretary determines 
that such program meets the needs of separating members of the 
armed forces for job placement. 
"(e) CONSULTATION REQUIREMENT.—In carrying out this section, 
the Secretary shall consult closely with the Secretary of Labor, 
the Secretary of Veterans Affairs, the Secretary of Education, the 
Director of the Office of Personnel Management, appropriate rep-
resentatives of State and local governments, and appropriate rep-
resentatives of businesses and nonprofit organizations in the private 
sector. 
"(f) DELEGATION.—^The Secretary, with the concurrence of the 
Secretary of Labor, may designate the Secretary of Labor as the 
executive agent of the Secretary of Defense for carrying out all 
or part of the responsibilities provided in this section. Such a 
designation does not relieve the Secretary of Defense from the 
responsibility for the implementation of the provisions of this 
section. 
"(g) DEFINITIONS.—In this section, the term 'public service and 
community service organization' includes the following organiza-
tions: 
"(1) Any orgemization that provides the following services: 
106 STAT. 2740 
PUBLIC LAW 102-484—OCT. 23, 1992 
10 use 1143a 
note. 
Regulations. 
"(A) Elementary, secondary, or postsecondary school 
teaching or administration. 
"(B) Support of such teaching or school administration. 
"(C) Law enforcement. 
"(D) PubUc health care. 
"(E) Social services. 
"(F) Any other public or community service. 
"(2) Any nonprofit organization that coordinates the provi-
sion of services described in paragraph (1).". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1143 
the following new item: 
''1143a. Encouragement of postseparation public and community service: Depart-
ment of Defense.". 
(b) DEPARTMENT OF VETERANS AFFAIRS RESPONSIBILITIES.—Sec-
tion 1142(bX4) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ", including 
the public and community service jobs program carried out under 
section 1143a of this title". 
(c) 
PRESEPARATION 
ASSISTANCE 
BY THE DEPARTMENT OF 
LABOR.—Section 1144(b) of such title is amended by adding at 
the end the following new paragraph: 
"(8) Provide information regarding the public and commu-
nity service jobs program carried out under section 1143a of 
this title.". 
SEC. 4463. PROGRAM 
OF 
EDUCATIONAL 
LEAVE 
RELATING 
TO 
CONTINUING PUBUC AND COMMUNITY SERVICE. 
(a) PROGRAM.—^Under regulations prescribed by the Secretary 
of Defense after consultation with the Secretary of Transportation 
and subject to subsections (b) and (c), the Secretary concerned 
may grant to an eligible member of the Armed Forces a leave 
of absence for a period not to exceed one year for the purpose 
of permitting the member to pursue a program of education or 
training (including an intemsnip) for the development of skills 
that are relevant to the performance of public and community 
service. A program of education or training referred to in the 
preceding sentence includes any such program that is ofiTered by 
the Department of Defense or by any civilian educational or training 
institution. 
(b) ELIGIBILITY REQUIREMENT.—(1) A member may 
not 
be 
granted a leave of absence imder this section luiless the member 
agrees in writing— 
(A) diligently to pursue employment in public service and 
community service organizations upon the separation of the 
member from active duty in the Armed Forces; and 
(B) to serve in the Ready Reserve of an armed force, upon 
such separation, for a period of 4 months for each month 
of the period of the leave of absence. 
(2XA) A member may not be granted a leave of absence imder 
this section until the member has completed any period of extension 
of enlistment or reenlistment, or any period of obligated active 
duty service, that the member has incurred under section 708 
of title 10, United States Code. 
(B) The Secretary concerned may waive the limitation in 
subparagraph (A) for a member who enters into an agreement 
with the Secretary for the member to serve in the Ready Reserve 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2741 
of a reserve component for a period equal to the uncompleted 
portion of the member's period of service referred to in that subpara-
graph. Any such period of agreed service in the Ready Reserve 
shall be in addition to any other period that the member is obligated 
to serve in a reserve component. 
(c) TREATMENT OF LEAVE OF ABSENCE.—A leave of absence 
imder this section shall be subject to the provisions of subsections 
(c) and (d) of section 708 of title 10, United States Code. 
(d) EXCLUSION FROM END STRENGTH LIMITATION.—A member 
of the Armed Forces, while on leave granted pursuant to this 
section, may not be counted for purposes of any provision of law 
that limits the active duty strength of the member's armed force. 
(e) DEFINITIONS.—^In this section: 
(1) The term "Secretary concerned" has the meaning given 
such term in section 101 of title 10, United States Code. 
(2) The term "eligible member of the Armed Forces" means 
a member of the Armed Forces who is eligible for an educational 
leave of absence under section 708(e) of such title. 
(3) The term "public service and community service 
organization" has the meaning given such term in section 1143a 
of such title (as added by section 531(a)). 
(f) EXPIRATION.—The authority to grant a leave of absence 
imder subsection (a) shall expire on September 30,1995. 
SEC. 44«4. DECREASED EARLY RETIREMENT RETIRED PAY FOR PUB- 10 USC 1143a 
UC OR COMMUNITY SERVICE. 
"o*^ 
(a) RECOMPUTATION OF RETIRED PAY.—(1) If a member or 
former member of the Armed Forces retired imder section 4403(a) 
or any other provision of law authorizing retirement from the Armed 
Forces (other than for disability) before the completion of at least 
20 years of active duty service (as computed under the applicable 
provision of law) is employed by a public service or community 
service organization listed on the registry maintained under section 
1143a(c) of title 10, United States Code (as added by section 
4462(a)), within the period of the member's enhanced retirement 
qualification period, the member's or former member's retired or 
retainer pay shall be recomputed effective on the first day of the 
first month beginning after the date on which the member or 
former member attfdns 62 years of age. 
(2) For purposes of recomputing a member's or former member's 
retired pay— 
(A) the years of the member's or former member's employ-
ment by a public service or community service organization 
referred to m paragraph (1) during the member's or former 
member's enhanced retirement qualification period shall be 
treated as years of active duty service in the Armed Forces; 
and 
(B) in applying section 1401a of title 10, United States 
Code, the member's or former member's vears of active duty 
service shall be deemed as of the date of retirement to have 
included the years of employment referred to in subparagraph 
(A). 
(3) Section 1405(b) of title 10, United States Code, shall apply 
in determining years of service under this subsection. 
(4) In this subsection, the term "enhanced retirement qualifica-
tion period", with respect to a member or former member retired 
imder a provision of law referred to in paragraph (1), means the 
106 STAT. 2742 
PUBLIC LAW 102-484—OCT. 23, 1992 
period beginning on the date of the retirement of the member 
or former member and ending the number of years (including any 
fraction of a year) after that (Uite which when added to the number 
of years (including any fraction of a year) of service credited for 
purposes of computing the retired pay of the member or former 
member upon retirement equals 20 years. 
(b) SBP ANNUITIES.—(1) Effective on the first day of the first 
month after a member or former member of the Armed Forces 
retired under a provision of law referred to in subsection (aXD 
attains 62 years of age or, in the event of death before attaining 
that age, would have attained that age, the base amount applicable 
imder section 1447(2) of title 10, United States Code, to any Survi-
vor Benefit Plan annuity provided by that member or former mem-
ber shall be recomputed. For the recomputation the total years 
(including any fraction of a year) of the member's or former mem-
ber's active service shall be treated as having included the member's 
or former member's years (including any fraction of a year) of 
emplo3rment referred to in subsection (aXD as of the date when 
the member or former member became eligible for retired pay 
imder this section. 
(2) In this subsection, the term "Survivor Benefit Plan" means 
the pl£ui established under subchapter II of chapter 73 of title 
10, United States Code. 
SEC. 4465. TRAINING, ADJUSTMENT ASSISTANCE, AND EMPLOYMENT 
SERVICES FOR DISCHARGED MILITARY PERSONNEL, 
TERMINATED DEFENSE EMPLOYEES, AND DISPLACED 
EMPLOYEES OF DEFENSE CONTRACTORS. 
(a) IN GENERAL.—Title III of the Job Training Partnership 
Act (29 U.S.C. 1651 et seq.) is amended by inserting after section 
325 the following new section: 
29 use 1662d-l. 
'^EC. 325A. DEFENSE DIVERSIFICATION PROGRAM. 
"(a) IN GENERAL.—From the amount made available under 
section 4465(c) of the Defense Conversion, Reinvestment, and 
Transition Assistance Act of 1992, the Secretary of Defense, in 
consultation with the Secretary of Labor, may make grants to 
States, substate grantees, employers, representatives of employees, 
labor-management committees, and other employer-employee enti-
ties to provide for training, adjustment assistance, and employment 
services to eligible individuals described in subsection (b) and to 
develop plans for defense diversification or conversion assistance 
to affected facilities located within an area directly affected by 
reductions in expenditures by the United States for defense or 
by closures of United States military facilities. 
*
*
(
b
) INDIVIDUALS ELIGIBLE FOR TRAINING, ASSISTANCE, AND 
SERVICES.— 
"(1) CERTAIN MEMBERS OF THE ARMED FORCES.—A member 
of the Armed Forces shall be eli^ble for training, adjustment 
assistance, and emplojnnent services imder this section if the 
member— 
''(A) was on active duty or full-time National Guard 
duty on September 30,1990; 
"(B) during the 5-year period beginning on that date— 
"(i) is involuntarily separated (as defined in section 
1141 of title 10, United States Code) from active duty 
or full-time National Guard duty; or 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2743 
''(ii) is separated from active duty or full-time 
National Guard duty pursuant to a special separation 
benefits program under section 1174a of title 10, 
United States Code, or the voluntary sepcuration incen-
tive program under section 1175 of that title; 
"(C) is not entitled to retired or retainer pay incident 
to that separation; and 
"(D) applies for such training, adjustment assistance, 
or employment services before the end of the 180-day period 
beginning on the date of that separation. 
"(2) CERTAIN DEFENSE EMPLOYEES.— 
"(A) IN GENERAL.—^Except as provided in subparagraph 
(B), a civilian employee of the Department of Defense or 
the Department of Energy shall be eligible for training, 
adjustment assistance, and employment services under this 
section if the employee— 
**(i) during the 5-year period beginning on Octo-
ber 1, 1992, is terminated or laid off (or receives a 
notice of termination or lay ofiD from such emplojrment 
as a result of reductions in defense spending, as deter-
mined by the Secretary of Defense or the Secretary 
of Energy, except that, in the case of a notice of termi-
nation or lay off, the eUgibility of the employee shall 
not begin imtil 180 days before the projected date 
of the termination or lay off; and 
"(ii) is not entitled to retired or retainer pay 
incident to that termination or lay off. 
"(B) SPECIAL RULE FOR CIVILIAN EMPLOYEES OF THE 
DEPARTMENT OF DEFENSE EMPLOYED AT CERTAIN MILITARY 
INSTALLATIONS.— 
"(i) IN G
E
N
E
R
A
L
.
—
A civilian employee of the 
Department of Defense employed at a military installa-
tion being closed or realigned under the laws referred 
to in clause (ii) shall be eligible for training, a4justment 
assistance, and employment services under this section 
beginning on the date on which such employee receives 
actual notice of termination, or the date determined 
by the Secretary of Defense under clause (iii), which-
ever occurs earlier. 
"(ii) CERTAIN DEFENSE LAWS.—The laws referred 
to in this clause are— 
"(I) the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXK of Public Law 
101-610; 10 U.S.C. 2687 note); and 
"(ID title II of the Defense Authorization 
Amendments and Base Closure and Realignment 
Act (Public Law 100-526; 10 U.S.C. 2687 note). 
"(iii) DATE.—^The date determined under this 
clause is the date that is 24 months before the date 
on which the military installation is to be closed or 
the realignment of the installation is to be completed, 
as the case may be. 
"(3) 
CERTAIN 
DEFENSE 
CONTRACTOR 
EMPLOYEES.—An 
employee of a private defense contractor shall be eUgible for 
training, adjustment assistance, and employment services 
under Uiis section if the employe 
106 STAT. 2744 
PUBLIC LAW 102-484—OCT. 23, 1992 
''(A) during the 5-year period beginning on October 
1, 1992, is terminated or laid off (or receives a notice 
of termination or lay of!) from such employment as a result 
of reductions in defense spending or the closure or realign-
ment of a military installation, as determined by the Sec-
retary of Defense, except that, in the case of a notice 
of termination or lay on, the eligibility of the employee 
shall not begin until 180 days before the projected date 
of the termination or lay off; and 
''(B) is not entitled to retired or retainer pay incident 
to that termination. 
"(c) APPLICATION REQUIREMENTS.— 
"(1) IN GENERAL.—^To receive a grant under subsection (a), 
an applicant shall submit to the Secretary of Defense an 
application which contains such information as the Secretary 
may require and which meets the following requirements: 
"(A) CONSULTATION.— 
"(i) IN GENERAL.—(I) In the case of an applicant 
other than a State, such applicant shall submit an 
application to the Secretary of Defense developed in 
consultation with the State, and, where appropriate, 
in consultation with the labor-management committee 
or other employer-employee entity established pursu-
ant to subparagraph (CXii) at the affected facility and 
in consultation with representatives from the Depart-
ment of Defense. 
"(11) Prior to the submission of an application 
under subclause (I) to the Secretary of Defense, the 
applicant shall submit the application to the State 
for review. The State shall have 30 calendar days 
to review the application. The applicant may submit 
the application to the Secretary after the date on which 
the State completes its review of the application or 
upon expiration of the 30 calendar days, whichever 
occurs first. 
"(ii) STATES.—In the case of an applicant that is 
a State, such State shall submit an application to 
the Secretary of Defense developed in consultation with 
appropriate substate grantees, and, where appropriate, 
in consultation with the labor-management committee 
or other employer-employee entity estabUshed pursu-
ant to subparagraph (CXii) at the affected facility and 
in consultation with representatives from the Depart-
ment of Defense. 
"(B) CONTENTS OF APPUCATiON.^An application shall 
contain a local labor market analysis, a general assessment 
of basic skills, career interests, income needs, and strate-
gies necessary for the training and placement of the popu-
lation that may be served, and, where appropriate— 
"(i) a preliminary outline of a program to convert 
the affected defense base or facility; 
"(ii) preliminary plant or military base conversion 
proposals, and proposals for the effective use or conver-
sion of surplus Federal property; and 
"(iii) assurances that the applicant will coordinate 
the activities and services provided imder this section 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2745 
with the Office of Economic Acyiistment and other rel-
evant agencies. 
"(C) PROVISION OF STATE DISLOCATED WORKER SERV-
ICES.—^The applicant shall provide verification that the 
State dislocated worker unit has provided, or is in the 
process of providing, in addition to the services described 
in section 311(bX3) and 314(b), the following activities and 
services: 
"(i) The State dislocated worker unit, in coiyunc-
tion with the substate grantee (and where appropriate, 
representatives firom the Department of Defense), has 
established 
on-site 
contact 
with 
employers and 
employee representatives affected by a dislocation or 
potential dislocation of eligible individuals, preferably 
not later than 2 business days £ifter notification of 
such dislocation. 
"(ii) The State dislocated worker unit has promoted 
the formation of a labor-management committee or 
other employer-employee entity in the case of a facility 
affected by an employee dislocation or potential disloca-
tion in accordance with section 314(bXlXB), including 
the provision of technical assistance and, where appro-
priate, financial assistance to cover the start-up costs 
of such committee. 
"(iii) The State dislocated worker unit has pro-
vided, in conjunction with the labor-management 
committee or other employer-employee entity estab-
lished pursuant to clause (ii), the following services: 
"(I) An initial siuvey of potential eligible 
individuals to determine the approximate niunber 
of such individuals interested in receiving services 
under this section, orientation sessions, counseling 
services, and early intervention services for eligible 
individuals and management. Such services may 
be provided in coordination with representatives 
firom the United States Emplojrment Service, the 
Interstate Job Bank, the Department of Defense, 
and the National Occupational Information Coordi-
nating Committee. 
"(II) Initial basic rea4ju8tment services in 
coi\junction with such services provided by sub-
state grantees. 
"(D) SKILLS UPGRADING.—The applicant shall provide 
assurances satisfactory to the Secretary of Defense that 
if the applicant uses amoimts firom a grant under sub-
section (a) for skills upgrading at defense facilities pursuant 
to subsection (fX2), the applicant will maintain its expendi-
tures fi*om all other sources for skills upgrading at or 
above the average level of such expenditures in the fiscal 
year preceding the date of the enactment of this section. 
"(2) TECHNICAL ASSISTANCE.—The Secretary of Defense may 
provide technical assistance to an applicant for the purpose 
of assisting the applicant to meet the application requirements 
imder paragraph (1). 
"(3) TIMELY DECISION.—The Secretary of Defense shall 
make a determination with regard to an application received 
106 STAT. 2746 
PUBLIC LAW 102-484—OCT. 23, 1992 
under paragraph (1) not later than 30 calendar days after 
the date on which the Secretary receives the application. 
**(4) TIMELY NOTIFICATION.—The Secretary of Defense shall 
provide timely written notification to an applicant upon deter-
mination by the Secretary that the applicant has not satisfied 
the requirements under paragraph (1). 
"(d) SELECTION REQUIREMENTS.— 
"(1) IN GENERAL.—In reviewing applications for grants 
under subsection (a), the Secretary of Derense— 
"(A) in consultation with the Secretary of Labor, shall 
not approve an application for a grant unless the applica-
tion contains assurances that the applic£uit will use 
amounts from a grant to provide needs-related payments 
in accordance with subsection (i); 
"(B) shall select applications from areas most severely 
impacted by the reduction in defense expenditures and 
base closures, pcuticulEirly areas with existing high poverty 
levels or existing high unemployment levels; and 
"(C) shall select applications from areas which have 
the greatest number of eligible individuals, taking into 
account the ratio of eligible individuals in the anected 
commvuiity to the population of such community. 
**(2) PRIORITY.—In reviewing applications for grants under 
subsection (a), the Secretary of Defense shall give priority to 
each of the following: 
"(A) Applications received from substate grantees. 
"(B) Applications received from any applicant on behalf 
of affected employers in a similar defense-related industry 
or on behalf of a single employer with multiple bases or 
plants within a State. 
"(C) Applications demonstrating employer-employee 
cooperation, including the participation of labor-manage-
ment committees or other employer-employee entities. 
"(e) RETENTION OF PORTION OF GRANT AMOUNT BY SECRETARY 
OF DEFENSE.— 
"(1) PORTION RELATING TO GENERAL APPUCATION REQUIRE-
MENTS.—Subject to paragraph (2), the Secretary of Defense 
shall retain 25 percent of the amount of a grant awarded 
imder subsection (a) and shall disburse the amount to the 
applicant not later than 90 davs after the date on which the 
Secretary determines that tne appUcant is satisfactorily 
implementing the plans and strategies described in subsection 
(c)(lXB). 
"(2) PORTION RELATING TO STATE DISLOCATED WORKER SERV-
ICES.—^The Secretary of Defense shall retain up to 20 percent 
of the amount retained under paragraph (1) (not to exceed 
$50,000) and shall disburse the amount to the State dislocated 
worker unit not later than 90 days after the date on which 
the Secretary determines that the applicant has provided ver-
ification that such imit has satisfactorily provided the activities 
and services described in subsection (cXlXC). The amount dis-
bursed under the preceding sentence shall be used to reimburse 
such unit for expenses incurred in providing such activities 
and services. 
"(f) USE OF FUNDS.—Subject to the requirements of subsections 
(g), (h), (i), and (j), grants under subsection (a) may be used only 
for the following purposes: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2747 
"(1) Any purpose for which funds may be used under section 
314 or this section. 
**(2) Skills upgrading, which may be provided to— 
''(A) individuals who are employed in non-managerial 
positions, including individuals in such positions who have 
received notice of termination or lay off, if such upgrading— 
"(i) is integral to the conversion of a defense faciutv 
and necessary to prevent a closure or mass layofiTwhicn 
would result in the termination or layoff of such 
individuals; and 
"(ii) is to replace or update obsolete skills of such 
individuals with marketable skills; and 
"(B) individuals who have received notice of termi-
nation or lay off from non-managerial positions, including 
individuals who have been terminated or l£dd off from 
such positions, if such upgrading is to replace or update 
obsolete skills of such individuals with marketable skills, 
without which reemployment in a high demand occupation 
or industry would be unlikely. 
"(3) The development and introduction of high performance 
workplace systems, employee and participative management 
sjrstems, and workforce participation in the evaluation, selec-
tion, and implementation of new production technologies. 
"(g) LIMITATION.—^Not more than 20 percent of amoimts 
received from a grant under subsection (a) shall be used for adminis-
tration, conversion planning activities, and the activities described 
in subsection (fX3). 
"(h) ADJUSTMENT ASSISTANCE REQUIREMENTS.—The adjustment 
assistance requirements described in section 326(e) shall apply for 
purposes of grants made under subsection (a) for adjustment assist-
ance. 
"(i) NEEDS-RELATED PAYMENTS REQUiREMENTS.^The Secretary Regulations. 
of Defense shall prescribe regulations with respect to the use of 
funds from grants under subsection (a) for needs-related pajrments 
in accordance with the requirements described in section 326(f) 
in order to enable eligible individuals to complete training or edu-
cation programs. Priority for needs-related payments shall be given 
to eli^ble individuals panbicipating in certificate or degree awarding 
vocational training or education programs of 1 year or more. 
"(j) DEPARTMENT OF DEFENSE FINANCIAL ASSISTANCE REQUIRE- Regulations. 
MENT.—^The Secretary of Defense, in consultation with the Secretary 
of Labor, shall prescribe regulations to ensure that student financial 
assistance authorized under programs for employees of the Depart-
ment of Defense and veterans is provided prior to adjustment 
assistance under subsection (h), needs-related payments under sub-
section (i), and any other student financial assistance provided 
under Federal law. 
"(k) DEMONSTRATION PROJECTS.— 
"(1) IN GENERAL.—In carrying out the grant program estab-
lished under subsection (a), the Secretary of Defense, in con-
sultation with the Secretary of Labor, may make grants to 
the entities referred to in that subsection for the purpose of 
developing demonstration projects to encourage and promote 
innovative responses to the dislocation resulting from reduc-
tions in expenditures by the United States for defense or by 
the closure of United States military installations. Such dem-
onstration projects may include— 
106 STAT. 2748 
PUBLIC LAW 102-484—OCT. 23, 1992 
> 
"(A) projects to assist in retraining efforts designed 
to address the needs of individuals who have received 
notice of termination or lay ofiT and individuals who have 
been terminated or laid off in communities affected by 
such reductions or closures; 
"(B) projects to assist in retraining and reorganization 
efforts designed to avert layoffs that would otherwise occur 
as a result of such reductions or closures; and 
"(C) projects to assist communities in addressing and 
reducing the impact of such economic dislocation. 
"(2) LIMITATION.—^Not more than 10 percent of the funds 
available to the Secretary of Defense to carry out this section 
for any fiscal year may be used to carry out the projects 
established under paragraph (1). 
"(1) DEFINITIONS.—For purposes of this section, the following 
definitions apply: 
"(1) LABOR-MANAGEMENT COMMITTEE.—The term 'labor-
management committee'— 
"(A) has the meaning given such term in section 
301(bXl);and 
"(B) includes a committee established at a military 
installation to assist members of the Armed Forces who 
are being separated and civilian employees of the Depart-
ment of Defense and the Department of Energy who are 
being terminated. 
"(2) DEFENSE CONTRACTOR.—The term 'defense contractor* 
means a private person producing goods or services pursuant 
to— 
"(A) one or more defense contracts which have a total 
amount not less than $500,000 entered into with the 
Department of Defense; or 
"(B) one or more subcontracts entered into in connec-
tion with a defense contract and which have a total amoiuit 
not less than $500,000.". 
29usci662d-i 
(b) AUTHORITY TO TRANSFER FUNCTIONS.—The Secretary of 
"°*® 
Defense may transfer any function of such Secretary under the 
amendment made by subsection (a) to the Secretary of Labor. 
Whenever such a transfer is made, any funds available to the 
Secretary of Defense for the performance of such function shall 
be transferred to the appropriate accounts of the Department of 
Labor. 
29 use i662d-i 
(c) FUNDING FOR FISCAL YEAR 1993.—Of the amount authorized 
^°^- 
to be appropriated in section 301 for Defense Agencies, $75,000,000 
shall be available to carry out section 325A of the Job Training 
Partnership Act, as added by subsection (a). 
(d) TECHNICAL AMENDMENT.—The table of contents of the Job 
Training Partnership Act is amended by inserting after the item 
relating to section 325 the following new item: 
"Sec. 325A. Defense Diversification Program.". 
10 use 1143 
SEC. 4466. PARTICIPATION OF DISCHARGED MILITARY PERSONNEL IN 
note. 
UPWARD BOUND PROJECTS TO PREPARE FOR COLLEGE. 
(a) PROGRAM,—^The Secretary of Defense may carry out a pro-
gram to assist a member of the Armed Forces described in sub-
section (b) who is accepted to participate in an upward bound 
project assisted under section 402C of the Higher Education Act 
of 1965 (20 U.S.C. 1070a-13) to cover the cost of providing services 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2749 
through the project to the member to assist the member to prepare 
for and pursue a program of higher education upon separation 
from active duty. Assistance provided under the program may 
include a stipend provided imder subsection (d) of such section. 
(b) EuGiBLE MEMBERS.—^A member of the Armed Forces shall 
be eligible for assistance imder subsection (a) if the member— 
(1) was on active duty or full-time National Guard duty 
on September 30,1990; 
(2) during the five-year period beginning on that date, 
was or is discharged or released from such duty (under other 
than adverse circumstances); and 
(3) submits an application to the Secretary of Defense 
within such time, in such form, and containing such information 
as the Secretary of Defense may require. 
(c) NOTIFICATION OF MEMBERS PREVIOUSLY SEPARATED.—TO the 
extent feasible, the Secretary of Defense shall notify members of 
the Armed Forces who, between September 30, 1990, and the date 
of the enactment of this Act, were discharged or released from 
active duty or full-time National Guard duty regarding the availabil-
ity of the program under subsection (a). The Secretary may establish 
a time limit within which such members may apply to participate 
in the program. 
(d) PROVISION OF ASSISTANCE.— 
(1) DETERMINATION OF AMOUNT.—The amount of assistance 
provided under subsection (a) to a member of the Armed Forces 
shall be equal to the anticipated cost of providing services 
to the member through an upward bound project, subject to 
the limitation that such amount may not exceed the monthly 
basic pay to which the member is entitled at the time of 
the separation of the member. The Secretary of Defense may 
provide assistance in excess of that limitation if the Secretary 
determines, on a case by case basis, that such assistance is 
warranted by the special trcdning needs of the member. 
(2) CONSULTATION.—^The Secretary of Education may assist 
the Secretary of Defense in determining the amoimt to be 
provided under paragraph (1). 
(e) USE OF ASSISTANCE.—^A member of the Armed Forces who 
is selected to participate in the program may receive services 
through any upward bound project assisted under section 402C 
of the Higher Education Act of 1965 (20 U.S.C. 1070a-13) to the 
same extent as other individuals eligible to receive such services. 
A member may not participate after the end of the two-year period 
beginning on the date on which the member is discharged or 
released from active duty, except that, in the case of a member 
described in subsection (b) who was discharged or released from 
active duty before the date of the enactment of this Act, the period 
for participation in the program shall be two years from the date 
of the enactment of this Act. 
(f) REIMBURSEMENT.—^Upon submission to the Secretary of 
Defense of a request for reimbursement of the costs to provide 
services to a participant, the Secretary shall reimburse the upward 
bound project submitting the request for the actual cost of providing 
services (including a stipend) to the member, not to exceed the 
amount provided imder subsection (dXD. Funds provided under 
this subsection shall be in addition to the funds otherwise provided 
to the project under the Higher Education Act of 1965 (20 U.S.C. 
106 STAT. 2750 
PUBLIC LAW 102-484—OCT. 23, 1992 
1001 et seq.). Not more than 10 percent of the funds provided 
under this subsection may be used for administrative costs. 
(g) FUNDING FOR FISCAL YEAR 1993.—Of the amount authorized 
to be appropriated in section 301 for Defense Agencies, $5,000,000 
shall be available to provide assistance under this section. 
SEC. 4467. mPROVEMENTS TO EMPLOYMENT AND TRAINING ASSIST-
ANCE FOR DISLOCATED WORKERS UNDER THE JOB 
TRAINING PARTNERSHIP ACT. 
(a) ADDITIONAL STATE DISLOCATED WORKER UNIT ASSISTANCE 
REQUIREMENTS.—Section 311(b) of the Job Training Partnership 
Act (29 U.S.C. 1661(b)) is amended— 
(1) in paragraph (3XD), by inserting before the semicolon 
at the end the following: ", including immediate notification 
to substate grantees of current or projected permanent closures 
or substantial layoffs in the substate area of such grantee 
to continue and expand the services initiated by the rapid 
response teams"; 
(2) in paragraph (9), by striking out "on the plan; and" 
and inserting in lieu thereof on the plan;"; 
(3) in paragraph (10), by striking out the period at the 
end and inserting in lieu thereof a semicolon; and 
(4) by adding at the end the following new paragraphs: 
"(11) the State unit will provide the Secretary with a cost 
breakdown of all funds made available under this title used 
by such unit for administrative expenditures; and 
"(12) the State will not transfer the responsibility for the 
rapid response assistance functions of the State unit imder 
section 314(b) to another entity, but the State may contract 
with another entity to perform rapid response assistance serv-
ices.". 
(b) OVERSIGHT BY SECRETARY OF RAPID RESPONSE ASSISTANCE 
SERVICES.—Section 314(b) of such Act (29 U.S.C. 1661c(b)) is amend-
ed by adding at the end the following new paragraph: 
"(3) The Secretary shall oversee the administration by each 
State of the rapid response assistance services provided in 
such State and the efiTectiveness, efficiency, and timeliness of 
the delivery of such services. If the Secretary determines tiiat 
such services are not being performed adequately, the Secretary 
shall implement appropriate corrective action, including, where 
necessary, the selection of a new rapid response assistance 
service provider.". 
(c) EXPANDED DEFINITION OF SUBSTANTIAL LAYOFF FOR RAPID 
RESPONSE ASSISTANCE.—Section 314(b) of such Act (29 U.S.C. 
1661c(b)) (as amended by subsection (b)) is further amended by 
adding at the end the following new paragraph: 
"(4) For purposes of rapid response assistance provided 
by a State dislocated worker unit, the term 'substantial layoff 
means a layoff of 50 or more individuals.". 
(d) CLARIFICATION OF DEFINITION OF ELIGIBLE DISLOCATED 
WORKERS FOR CERTAIN SERVICES PROVIDED UNDER SECTION 314.— 
Section 314 of such Act (29 U.S.C. 1661c) is amended— 
(1) in subsection (eXD, by inserting "is unemployed and" 
after "to provide needs-related payments to an eligible dis-
located worker who"; and 
. (2) by adding at the end the following new subsection: 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2751 
"(h) CLARIFICATION OF DEFINITION OF EUGIBLE DISLOCATED 
WORKERS FOR CERTAIN SERVICES.—<1) The term 'eligible dislocated 
workers' includes individuals who have not received specific notice 
of termination or lay off and work at a facility at which the employer 
has made a public announcement that such facility will close (except 
those individuals likely to remain employed with the same employer 
or likely to retire instead of seeking new emplo3nnent)— 
"(A) with respect to basic readjustment services provided 
under paragraphs (1) through (14), (16), and (18) of subsection 
(c); £md 
"(B) with respect to services provided under this section 
beginning 180 days before the date on which the facility is 
scheduled to close. 
**(2) Services described in paragraph (IXA) and provided to 
the individuals described in paragraph (1) shall, to the esctent 
practicable, be funded under section 302(cXl).''. 
(e) NOTICE OF TERMINATION OF CERTAIN DEFENSE EMPLOYEES 
FOR SERVICES PROVIDED UNDER SECTION 325.—Section 325 of such 
Act (29 U.S.C. 1662d) is amended by adding at the end the following 
new subsection: 
"(e) NOTICE OF TERMINATION FOR CERTAIN DEFENSE EMPLOY-
EES.— 
"(1) IN GENERAL.—^A civilisui employee of the Department 
of Defense employed at a military installation being closed 
or realigned under the laws referred to in paragraph (2) shall 
be eligible for training, a4justment assistance, and employment 
services imder subsection (a) beginning on the date on which 
such employee receives actual notice of termination, or the 
date determined by the Secretary of Defense under paragraph 
(3), whichever occurs earlier. 
"(2) CERTAIN DEFENSE LAWS.—The laws referred to in this 
paragraph are— 
"(A) the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 
10 U.S.C. 2687 note); and 
"(B) title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note). 
"(3) DATE.—^The date determined under this paragraph is 
the date that is 24 months before the date on which the military 
installation is to be closed or the realignment of the installation 
is to be completed, as the case may be.**. 
(f) PROHIBITION OF USE OF FUNDS UNDER JOB TRAINING PRO-
GRAMS F
O
R TRANSFER OF FEDERAL PROPERTY AND EQUIPMENT 
BETWEEN FEDERAL AGENCIES.— 
(1) IN GENERAL.—Section 141 of such Act (29 U.S.C. 1551) 
is amended by adding at the end the following new subsection: 
"(s) Notwithstanding any other provision of law, a job training 
program under this Act or an education program shall receive 
priority consideration for the transfer of Federal property and equip-
ment that the Secretary of Defense determines are in excess of 
current and projected requirements of the Department of Defense. 
Such property and equipment shall be transferred at no cost to 
such program.". 
(2) CONFORMING AMENDMENT.—Section 131(i) of the Job 
Training Reform Amendments of 1992 is amended by striking Ante, p. 1042. 
106 STAT. 2752 
PUBLIC LAW 102-484—OCT. 23, 1992 
"adding at the end" and inserting "inserting after subsection 
(pr. 
29 use 1662d-l 
SEC. 4468. JOB BANK PROGRAM FOR DISCHARGED MILITARY PERSON-
note. 
NEL, TERMINATED DEFENSE EMPLOYEES, AND DIS-
PLACED EMPLOYEES OF DEFENSE CONTRACTORS. 
(a) INTERSTATE JOB BANK PROGRAM.—^The Secretary of Defense 
shall establish a program to expand the services of and provide 
access to the Interstate Job Bank program in the United States 
Emplo3rment Service to individuals eligible for training, adjustment 
assistance, and emplojnnent services imder sections 325 and 325A 
of the Job Training Partnership Act and, in the case of members 
of the Armed Forces so eligible, the spouses of such members. 
The Secretary may establish such program in coordination with 
the Defense Outplacement Referral System and other automated 
job opening networks. 
(b) SERVICES INCLUDED.—^The program established under sub-
section (a) may include the following services: 
(1) A phone bank reachable by a toll-free number, staffed 
by an international "help desk" of individuals familiar with 
the services provided under section 1144 of title 10, United 
States Code, and related transition programs imder chapter 
58 of such title (in the case of members of the Armed Forces, 
priority shall be given to recently-discharged veterans, members 
of the Armed Forces who have been separated from active 
duty, and their spouses). 
(2) Interstate Job Bank satellite offices or systems at 
defense contractor plants by State employment security agen-
cies and at all military bases for direct access and self service 
to job Ustings. 
(3) Specialized job banks to integrate with the Interstate 
Job Bank for specialized Ustings or services such as the Defense 
Outplacement Referral System (DORS) of resimies. National 
Academy of Sciences Network, commercial systems, and the 
outplacement of defense-related personnel in nigh-tech occupa-
tions through the expansion and coordination of existing net-
works to ensure that resources are available at all service 
locations. 
(4) A system by which individuals and public and private 
organizations mav access the Interstate Job Bank using individ-
um modems or related automated employment systems. 
(c) FUNDING FOR FISCAL YEAR 1993.—Of the amount authorized 
to be appropriated in section 301 for Defense Agencies, $4,000,000 
shall be available to carry out the program established under sub-
section (a). 
SEC. 4468. AUTHORIZATION OF APPROPRIATIONS 
FOR CERTAIN 
EMPLOYMENT, JOB TRAINING, AND OTHER ASSISTANCE. 
Section 1144(e) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking out "$4,000,000 for fiscal 
year 1991" and all that follows through the period and inserting 
in lieu thereof "$11,000,000 for fiscal year 1993 and $8,000,000 
for each of fiscal years 1994 and 1995. ; and 
(2) in paragraph (2), by striking out "$1,000,000 for fiscal 
year 1991" and all that follows through the period and inserting 
in lieu thereof "$6,500,000 for each of fiscal years 1993, 1994, 
and 1995.". 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2753 
SEC. 4470. DEFENSE CONTRACTOR REQUIREMENT TO UST SUITABLE 
EMPLOYMENT OPENINGS WITH LOCAL 
EMPLOYMENT 
SERVICE OFFICE. 
(a) IN GENERAL.—(1) Chapter 141 of title 10, United States 
Code, is amended by inserting after section 241()c, as added by 
section 4303(a), the following new section: 
*
*
§ 2410d. Defense contractors: listing of suitable employment 
openings with local employment service office 
"(a) REGULATIONS.—^The Secretary of Defense shall promulgate 
regulations containing the requirement described in subsection (b) 
and such other provisions as the Secretary considers necessary 
to administer such requirement. Such regulations shall require 
that each contract described in subsection (c) shall contain a clause 
requiring the contractor to comply with such regulations. 
"(b) REQUIREMENT.—^The regulations promulgated imder this 
section shall require each contractor carrying out a contract 
described in subsection (c) to list immediately with the appropriate 
local employment service office, and where appropriate the Inter-
state Job Bank (established by the United States Emplojrment 
Service), all of its suitable employment openings under such con-
tract. 
"(c) COVERED CONTRACTS.—^The regulations promulgated under 
this section shall apply to any contract entered into with the Depart-
ment of Defense in an amount of $500,000 or more.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2410c, 
as added by section 4303(b), the following new item: 
"2410(1. Defense contractors: listing of suitable employment openings with local em-
ployment service office.". 
(b) EFFECTIVE DATE.—Section 2410d of title 10, United States 
lo use 24iOd 
Code, as added by subsection (a), shall apply with respect to con- "°*®-
tracts entered into beginning 120 days after the date of the enact-
ment of this Act. 
SEC. 4471. NOTICE REQUIREMENTS UPON PROPOSED AND ACTUAL 
10 USC 2501 
TERMINATION OR SUBSTANTIAL REDUCTION IN DEFENSE 
"°^ 
PROGRAMS. 
(a) SECRETARY 
OF DEFENSE 
NOTICE REQUIREMENT 
AFTER 
SUBMISSION OF PRESIDENT'S BUDGET TO CONGRESS.—Not later than 
30 days after the date on which the President submits to the 
Congress the annual budget of the President pursuant to section 
1105 of title 31, United States Code, the Secretary of Defense 
shall— 
(1) determine which defense programs are Ukely to be 
terminated or substantially reduced under such budget; and 
(2) provide notice of the proposed termination of, or 
substantial reduction in, a defense program under paragraph 
(1) to each defense contractor that— 
(A) has entered into a defense contract under such 
program; and 
(B) will be adversely affected by the termination of, 
or substantial reduction in, such program. 
(b) SECRETARY OF DEFENSE NOTICE REQUIREMENT AFTER DATE 
OF ENACTMENT OF AN ACT MAKING APPROPRIATIONS FOR DEFENSE.— 
Not later than 30 days after the date of the enactment of an 
Act appropriating funds pursuant to an authorization for the 
106 STAT. 2754 
PUBLIC LAW 102-484—OCT. 23, 1992 
Department of Defense or for defense programs in the Department 
of Energy, the Secretary of Defense shtul— 
(1) determine which defense programs are likely to be 
terminated or substantially reduced under such Act; and 
(2) provide notice of the proposed termination of, or 
substantial reduction in, a defense program under paragraph 
(1) to each defense contractor that— 
(A) has entered into a defense contract under such 
program; and 
(B) will be adversely affected by the termination of, 
or substantial reduction in, such program. 
(c) DEFENSE CONTRACTOR NOTICE REQUIREMENT.—Not later 
than 2 weeks after a defense contractor receives notice imder sub-
section (a) or (b), as the case may be, of the termination of, or 
substantial reduction in, a defense program, the contractor shall 
provide notice of such termination or substantial reduction to— 
dXA) each representative of employees whose work is 
directly related to the defense contract under such program 
and who are employed by the defense contractor; or 
(B) if there is no such representative at that time, each 
such employee; and 
(2) the State dislocated worker unit or office described 
in section 311(bX2) of the Job Training Partnership Act (29 
U.S.C. 1661(bX2)) and the chief elected official of the unit 
of genered local government within which the adverse effect 
may occur. 
(d) CONSTRUCTIVE NOTICE.—^The notice of termination of, or 
substantial reduction in, a defense program provided under sub-
section (cXD to an employee of a defense contractor shall have 
the same effect as a notice of termination to such employee for 
the purposes of determining whether such employee is eligible 
for training, a4justment assistance, and employment services under 
section 325 of the Job Training Partnership Act, or section 325A 
of such Act (as added by section 4465(a)), as the case may be, 
except where the employer has specified tiiat the termination of, 
or reduction in, the program is not likely to result in plant closure 
or mass layoff. Any employee considered to have received such 
notice under the preceding sentence shall only be eligible to receive 
services imder section 314(b) of such Act and under paragraphs 
(1) through (14), (16), and (18) of section 314(c) of such Act. 
(e) WITHDRAWAL OF NOTIFICATION.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of an Act appropriating funds pursuant to 
an authorization for the Department of Defense or for defense 
programs in the Department of Energy, the Secretary of 
Defense shall provide notice of withdrawal of the notification 
provided under subsection (aX2) to each defense contractor— 
(A) that received notice under such subsection; and 
(B) with respect to which the Secretary determines 
will not be adversely affected by the termination of, or 
substantial reduction in, the defense program referred to 
in such subsection due to a sufficient level of fimding 
for the program provided in such Act. 
(2) DEFENSE CONTRACTOR NOTICE REQUIREMENT.—Not later 
than 2 weeks after a defense contractor receives notice of with-
drawal of notification under paragraph (1), the contractor shall 
provide notice of such withdrawal to— 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2755 
(AXi) each representative of employees whose work 
is directly related to the defense contract under the defense 
program and who are employed by the defense contractor; 
or 
(ii) if there is no such representative at that time, 
each such employee; 
(B) the State dislocated worker unit or office described 
in section 311(bX2) of the Job Training Partnership Act 
(29 U.S.C. 1661(bX2)) and the chief elected official of the 
unit of general local government within which the adverse 
effect may occur; and 
(C) each grantee under section 325(a) of the Job Train-
ing Partnership Act, or section 325A(a) of such Act, as 
the case may be, providing training, adjustment assistance, 
and employment services to each employee described in 
this paragraph. 
(3) Loss O
F ELIGIBILITY.—An employee who receives notice 
of witiidrawal under paragraph (2) smdl not be eligible for 
training, ac|justment assistance, and employment services 
under section 325 of the Job Training Partnership Act, or 
section 325A of such Act, as the case may be, begmning on 
the date the employee receives such notice, 
(f) DEFENSE CONTRACTOR DEFINED.—For purposes of this sec-
tion, the term "defense contractor^ means a private person produc-
ing goods or services pursuant to— 
(1) a contract with the Department of Defense in an amount 
not less than $500,000; or 
(2) a subcontract in an amount not less than $5(K),0(K) 
entered into under a contract with the Department of Defense. 
SEC. 4472. STUDY TO DETERMINE THE DISLOCATION EFFECTS OF 10 USC 2504 
CURRENT AND FUTURE REDUCTIONS IN SPENDING FOR "o^ 
THE NATIONAL DEFENSE. 
(a) STUDY.—^The Secretary of Defense and the Secretary of 
Labor shall jointly conduct a study to determine the dislocation 
effects that are projected to occur as a result of current and ftiture 
reductions in speniung for the national defense. The responsibilities 
of the Secretary of Defense under this section shall be carried 
out by the Defense £}conomic Adjustment Center established within 
the National Defense University under section 2504(a) of title 10, 
United States Code. 
(b) CONDUCT OF STUDY.—^In carrying out the study under sub-
section (a), the Secretaries shall— 
(1) consider the reemployment potential of workers losing 
jobs as a result of reduced defense spending, including the 
probability that such workers will be absorbeainto other com-
parable jobs in the Federal Government or other comparable 
jobs in the geographic locality of such workers; 
(2) include projections for— 
(A) dislocation in the private sector defense industry, 
dislocation of active duty military, and dislocation of 
civilians working for the Dei>artment of Defense; and 
(B) secondary dislocation in communities that are 
substantially and seriously affected (as defined in section 
4003(5XA) of the Defense Economic A4justment, Diver-
sification, Conversion, and Stabilization Act of 1990 (Public 
Law 101-^10; 104 Stat. 1848; 10 U.S.C. 2391 note)) where 
59-194 O—93 
31 : QL 3 (Pt. 3) 
106 STAT. 2756 
PUBLIC LAW 102-484—OCT. 23, 1992 
job loss occurs as a consequence of the closing or reduction 
in force of military facilities, or the cancellation or reduction 
in defense contracts in such community; 
(3) include information on the regionaJ impact of reduced 
defense spending as it applies to worker dislocation; 
(4) include a comparison of the characteristics of the 
workforce population being dislocated as a consequence of 
reduced defense spending to the characteristics of the general 
dislocated workforce population in the United States, including 
characteristics relating to education status, income level, and 
occupation; 
(5) include projections on how dislocations occurring as 
a consequence of reduced defense spending will impact on other 
Federal programs that serve dislocated workers (particularly 
programs in which funding is based on unemplo3rment statis-
tics), including programs under the Job Training Partnership 
Act (29 U.S.C. 1501 et seq.); and 
(6) include a comparison of the average length of advance 
notice received by workers being dislocated as a consequence 
of reduced defense spending to the average length of advance 
notice received by workers being dislocated for other reasons. 
(c) REPORT.—^Not later than 12 months after the date of the 
enactment of this Act, the Secretaries shall jointly submit to the 
Congress a report containing— 
(1) the findings and conclusions of the Secretaries resulting 
from the study under subsection (a); and 
(2) recommendations for assistance to dislocated workers 
based on the findings and conclusions referred to in paragraph 
(1). 
29 use 1662d-l 
SEC. 4473. TREATMENT OF CERTAIN PROVISIONS OF L
A
W UPON 
^°^- 
TRANSFER OF AMOUNTS PROVIDED UNDER THIS ACT. 
(a) CONTINGENT REPEAL.— 
(1) IN GENERAL.—If a transfer is made in accordance with 
section 4501(c) of the full amount of an amount described 
in subparagraph (A) or (B) of paragraph (2), then the section 
referred to in that subparagraph (including the amendments 
made by the section) is repealed, effective as of the date of 
the enactment of this Act, and the provisions of any Act 
amended by such section shall apply as if the amendments 
had not been enacted. 
(2) AMOUNTS DESCRIBED.—(A) The amount described in 
this subparagraph is the amount provided under subsection 
(c) of section 4465 for the amendments to the Job Training 
Partnership Act under such section. 
(B) The amount described in this subparagraph is the 
amount provided under subsection (c) of section 4468 for the 
program under such section. 
(b) PUBUCATION IN THE FEDERAL REGISTER.—If a transfer 
described in subsection (aXl) is made, then the Secretary of Defense 
shall promptly publish in the Federal Register a notice of such 
transfer. Such notice shall specify the date on which such transfer 
occurred. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2757 
Subtitle G—Service Members Occupational Conversion and 
Training 
SEC. 4481. SHORT TITLE. 
This subtitle may be cited as the "Service Members Occupa-
tional Conversion and Training Act of 1992". 
SEC. 4482. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) the men and women serving in our Nation's Armed 
Forces are of the highest caliber—intelligent, dedicated, and 
disciplined—and hundreds of thousands of these service mem-
bers will be separating from the Armed Forces due to the 
drawdown in militarjr personnel; 
(2) these men and women vdll be entering the civilian 
workforce during a time of economic instability and uncertcdnty; 
(3) many of these service personnel specialized in critical 
skills such as combat arms which will not transfer to the 
civilian workforce; 
(4) as part of the Nation's obligation to these service mem-
bers, the Secretary of Defense has a unique responsibility and 
obligation to provide them with the tools they need to be 
reassimilated mto the civiliem community and continue to be 
outstanding, productive citizens; 
(5) the rapid placement of separated military personnel 
in civilian emplojmient and training opportunities will signifi-
cantly reduce the Department of Defense's costs relative to 
imemployment compensation for ex-service members; 
(6) military personnel are a national resoiurce whose skills 
and abilities must be absorbed by and integrated into the 
civilian workforce; and 
(7) providing such training will reduce the total cost of 
the drawdown and is important to the national defense fiinction 
of the Department of Defense. 
(b) PURPOSE.—^The purpose of this subtitle is to provide addi-
tional means by which the Secret£iry of Defense can manage the 
drawdown of the Armed Forces and to provide additional forms 
of assistance to members of the Armed Forces who are forced 
or induced to leave military service by reason of the drawdown 
of the Armed Forces, thereby facilitating the Secretary's ability 
to achieve end strength reductions caused by the drawdown. 
SEC. 4483. DEFINITIONS. 
For the purposes of this subtitle: 
(1) The term "Secretary" means the Secretary of Defense. 
(2) The terms "veteran", "compensation", "service-con-
nected", "State", and "active military, naval, or air service" 
have the meanings given such terms in paragraphs (2), (13), 
(16), (20), and (24), respectively, of section 101 of title 38, 
United States Code. 
SEC. 4484. ESTABUSHMENT OF PROGRAM. 
(a) ESTABUSHMENT.—Not later than 60 days aflier the date 
of enactment of this Act, the Secretary shall carry out a program 
in accordance with this subtitle to assist eligible persons in obtain-
ing employment through participation in programs of significant 
training for employment in stable and permanent positions. The 
Secret£uy may enter into an agreement with the Secretary of Veter-
Service 
Members 
Occupational 
Conversion and 
Training Act 
of 1992. 
10 use 1143 
note. 
106 STAT. 2758 
PUBLIC LAW 102-484—OCT. 23, 1992 
ans Affairs, the Secretary of Labor, or both, for the implementation 
of the program. The program shall be carried out through payments 
to employers who employ and train eligible persons in such posi-
tions. Such pajrments shall be made to assist such employers in 
defraving the costs of necessary training. 
(b) STATE AGENCIES.—(1) The implementing official may enter 
into contracts or agreements with State approving agencies, as 
designated pursuant to section 3671(a) of title 38, Umted States 
Code, or other State agencies to carry out any duty of the 
implementing official undfer this subtitle. Payment may be made 
to such agencies pursuant to any such contract or agreement for 
reasonable and necessary expenses of salary and travel incurred 
by employees of such agencies in carrying out such duties. Each 
such payment may be made only from funds available to the 
implementing official pursuant to section 4495(aX3). 
Reports. 
(2) Each State approving agency or other State agency with 
which a contract or agreement is entered into under this section 
shall submit to the implementing official on a monthly or quarterhr 
basis, as determined oy the agency, a report containing a certifi-
cation of such expenses for the period covered by the report. The 
report shall be submitted in the form and manner required by 
such official. 
(c) EXPEDITIOUS IMPLEMENTATION.—^A requirement in this sub-
title to issue regulations shall not be the basis for a delay in 
carrying out this program within the time limit established by 
subsection (a). 
SEC. 4485. EUGraiLITY FOR PROGRAM; PERIOD OF TRAINING. 
(a) IN GENERAL.—(1) To be eligible for participation in a pro-
gram of job training under this subtitle, an eligible person must 
be an eligible pterson described in para^aph (2) who— 
(AXi) is unemployed at the time of applying for participa-
tion in a program under this subtitle; and 
(ii) has been unemployed for at least 8 of the 15 weeks 
immediately preceding the date of such eligible person's applica-
tion for participation in a program imder this subtitle; 
(B) separates from the active military, naval, or air service 
and whose primary or secondary occupational specialty in the 
Armed Forces is (as determined under regulations prescribed 
by the Secretary and in effect before the date of such separation) 
not readily transferable to the civilian workforce; or 
(C) served in the active military, naval, or air service 
and is entitled to compensation (or who but for the receipt 
of miUtaiy retired pay would be entitled to compensation) under 
the laws administered by the Secretary of Veterans Affairs 
for a disability rated at 30 percent or more. 
(2) For purposes of paragraph (1), an eligible person referred 
to in paragraph (1) is a veteran who— 
(A) was discharged on or after August 2,1990; and 
(BXi) served in the active military, naval, or air service 
for a period of more than 90 days; or 
(li) was discharged or released from active duty because 
of a service-connected disability. 
(3) For purposes of paragraph (1), an eUgible person shall 
be considered to be unemployed during any period such person 
is without a job and wants and is available for work. In determining 
whether a person is unemployed for purposes of paragraph (1), 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2759 
the implementing official shall not take into consideration part-
time or temporary em^yment, as defined by such official. 
(b) APPUCATION PROCESS.—(1) An eligible person who desires 
to participate in a program of job training under this subtitle 
shall submit to the implementing official an application for partici-
pation in such a program. Such an application— 
(A) shall include a certification by the eli^ble person that 
the eUgible person meets the criteria for eligibility prescribed 
by subparagraph (A), (B), or (C) of subsection (aXD; 
(B) shall include an opportunity for the eligible person 
to request counseling under section 4493(a); and 
(C) shall be in such form and contain such additional 
information as such official may prescribe. 
(2XA) Subject to subparagraph (B), an application by an eligible 
person for participation in a program of job training under this 
subtitle sh£dl be approved unless the implementing official finds 
that the eligible person is not eligible to participate in a program 
of 
job training under this subtitle. 
(B) Approved of an application of an eligible person under 
this subtitle may be withheld if the implementing official determines 
that, because of limited funds available for the purpose of making 
pa3'inents to employers under this subtitle, it is necessary to limit 
the number of participants in the program carried out under this 
subtitle. 
(3XA) Subject to section 4491(c), the implementing official shall 
certify as eligible for participation under this subtiue an eligible 
person whose application is approved under this subsection and 
shall furnish the eligible person with a certificate of that eligible 
person's eligibility for presentation to an employer offering a pro-
gram of job training under this subtitle. Any such certificate shall 
expire 180 days after it is furnished to the eli^ble person. The 
date on which a certificate is furnished to an eligible person under 
this paragraph shall be stated on the certificate. 
(B) A certificate furnished under this paragraph may, upon 
the eligible person's application, be renewed in accordance with 
the terms and conditions of subparagraph (A). 
(c) APPEAL OF DENIAL OF CERTIFICATE.—The implementing offi-
cial shall permit each eligible person who is not issued a certificate 
of eligibility under subsection (b) (other than an eligible person 
who is not issued such a certificate by reason of subsection (bX2XB)) 
to challenge in a hearing before the implementing official the deci-
sion of the implementing official not to issue the certificate. The 
implementing official shall prescribe procedures with respect to 
the initiation and conduct of hearings under this subsection. 
(d) PERIOD OF TRAINING.—An employer shall provide a period 
of training under a program of job training under this subtitle 
of not less than 6 months or more than 18 months in a field 
of employment providing a reasonable probability of stable, long-
term employment. 
SEC. 
4
4
8
6
. 
APPROVAL 
OF 
EMPLOYER 
PROGRAMS. 
(a) IN GENERAL.—(1) An emplover may be paid assistance under 
section 4487(a) on behalf of an eligible person employed by such 
employer and participating in a program of job training offered 
by that employer only if the program is approved under this section. 
(2) Except as provided in subsection (b), a proposed program 
of job training oi an employer shall be approved unless the 
106 STAT. 2760 
PUBLIC LAW 102-484—OCT. 23, 1992 
implementing official determines that the application does not con-
t£dn a certification and other information meeting the reouirements 
established under this subtitle or that withholding oi approval 
is warranted under subsection (g). 
(b) INELIGIBLE PROGRAMS.—^A program of 
job training— 
(1) for emplo3nment which consists of seasonal, intermittent, 
or temporary jobs; 
(2) for employment under which commissions are the pri-
mary source of income; 
(3) for emplo3rment which involves political or religious 
activities; 
(4) for 
employment 
with 
any 
department, 
agency, 
instrumentality, or branch of the Federal Government (includ-
ing the United States Postal Service and the Postal Rate 
Commission); or 
(5) for employment outside of a State, 
may not be approved under this subtitle. 
(c) APPLICATION.—^An employer offering a program of job train-
ing that the employer desires to have approved for the purposes 
of this subtitle shall submit to the implementing official a written 
application for such approval. Such application shall be in such 
form as such official shall prescribe. 
(d) CERTIFICATION.—An application under subsection (c) shall 
include a certification by the employer of the following: 
(1) That the employer is planning that, upon an eligible 
person's completion of the program of 
joD training, the employer 
will employ the eligible person in a position for which the 
eligible person has been trained and that the employer expects 
that such a position will be available on a stable and permcinent 
basis to the eligible person at the end of the trainmg period. 
(2) That the wages and benefits to be paid to an eligible 
person participating in the employer's program of job training 
will be not less than the wages and oenefits normally paid 
to other employees participating in the same or a comparable 
program of 
job training. 
(3) That the emplojmaent of an eligible person under the 
program— 
(A) will not result in the displacement of currently 
employed workers (including partial displacement such as 
a reduction in the hours of nonovertime work, wages, or 
employment benefits); and 
(B) will not be in a job (i) while any other individual 
is on layoff from the same or any substantially equivalent 
job, or (ii) the opening for which was created as a result 
of the employer having terminated the emplojrment of anv 
regular employee or otherwise having reduced its work 
force with the intention of hiring an eligible person in 
such job imder this subtitle. 
(4) That the employer will not employ in the program 
of job training an eligible person who is already qualified by 
training and experience for the job for which training is to 
be provided. 
(5) That the job which is the objective of the training 
program is one that involves significant training. 
(6) That the training content of the program is adequate, 
in light of the nature of the occupation for which training 
is to be provided and of comparable training opportimities 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2761 
in such occupation, to accomplish the training objective certified 
imder paragraph (2) of subsection (e). 
(7) That each participating eligible person will be employed 
full time in the program of 
job training. 
(8) That the training period under the proposed program 
is not longer than the training periods that employers in the 
community customarily require new employees to complete in 
order to become competent in the occupation or job for which 
training is to be provided. 
(9) That there are in the training establishment or place 
of emplojnntient such space, equipment, instructional material, 
and instructor personnel as are needed to accomplish the train-
ing objective certified imder subsection (eX2). 
(10) That the employer will keep records adequate to show 
the progress made by each eligible person participating in 
the program and otherwise to demonstrate compliance with 
the requirements established under this subtitle. 
(11) That the employer will furnish each participating 
eligible person, before the eligible person's entry into training, 
with a copy of the employer's certification under this subsection 
and will obtain and retain the eligible person's signed acknowl-
edgment of having received such certification. 
(12) That, as applicable, the employer will provide each 
participating eligible person with the full opportunity to partici-
pate in a personal interview pursuant to section 4493(bXlXB) 
during the eligible person's normal workday. 
(13) That the program meets such other criteria as the 
Secretary, in consultation with the Secretary of Veterans Afiairs 
£Uid the Secretary of Labor, may determine are essential for 
the effective implementation of the program established by 
this subtitle. 
(e) HOURS AND TRAINING CONTENT.—A certification under sub-
section (d) shall include— 
(1) a statement indicating (A) the total number of hours 
of participation in the program of job training to be offered 
an eligible person, (B) the length of the program of 
job training, 
and (C) the starting rate of wages to be paid to a participant 
in the program; and 
(2) a description of the training content of the program 
(including any agreement the employer has entered into with 
an educational institution under section 4489) and of the objec-
tive of the training. 
(f) STATUS OF CERTIFIED MATTERS.—(1) Except as specified 
in paragraph (2), each matter required to be certified to in para-
graphs (1) through (11) of subsection (d) shall be considered to 
be a requirement estabUshed imder this subtitle. 
(2XA) For the purposes of section 4487(c), only matters required 
to be certified in paragraphs (1) through (10) of subsection (d) 
shall be so considered. 
(B) For the purposes of section 4490, a matter required to 
be certified under paragraph (12) of subsection (d) shall also be 
so considered. 
(g) WITHHOLDING APPROVAL; DISAPPROVAL.—In accordance with Regulations. 
regulations which the Secretary shall prescribe, the implementing 
official may withhold approval of an employer's proposed program 
of 
job training pending the outcome of an investigation under section 
106 STAT. 2762 
PUBLIC LAW 102-484—OCT. 23, 1992 
, 
4491 and, based on the outcome of such an investigation, may 
disapprove such program. 
(h) ON-JOB TRAINING.—^For the purposes of this section, 
approval of a program of apprenticeship or other on-job training 
for the purposes of section 3687 of title 38, United States Code, 
shall be considered to meet all requirements established under 
the provisions of this subtitle (other than subsection (b) and (dX3)) 
for approval of a program of 
job training. 
SEC. 4487. PAYMENTS TO EMPLOYERS; OVERPAYMENT. 
(a) PAYMENTS.—(IXA) Except as provided in subsections (b) 
and (c) and subject to section 4485(d), the implementing officied 
shall make pajrments to employers in accordance with this section. 
The amount payable to such an employer on behalf of an eligible 
person with respect to an approved program of job training imder 
this subtitle shall be determined by such ofiElcial at the beginning 
of such program. Except as provided in subparagraph (B), that 
amoimt shall be equal to 50 percent of the product of (i) the 
starting hourly rate of wages paid to the eligible person by the 
employer (without regard to overtime or premium pay), and (ii) 
the number of hours to be worked by the eligible person during 
the entire program period. 
(B) In no case may the amount determined under subparagraph 
(A) exceed— 
(i) $12,000 for an eligible person with a service-connected 
disability rated at 30 percent or more; or 
(ii) $10,000 for an eligible person not described in clause 
(i). 
(b) PAYMENT PERIOD.—(1) Except as provided in paragraphs 
(2) and (3), the implementing official shall pay training assistance 
to employers under this section on a quarterly basis. 
(2) The implementing ofi^cial may pay training assistance to 
an employer on a monthly basis if the implementing official deter-
mines (pursuant to regulations prescribed by the implementing 
official) that the number of employees of the employer is such 
that the payment of assistance on a quarterly basis would be 
burdensome to the employer. 
(3) The implementing official shall withhold 25 percent of each 
payment due under this subsection with respect to an eligible 
person. The total amount withheld with respect to an eligible person 
imder this paragraph shall be paid to the employer at the end 
of the four month period of employment of such person under 
this subtitle beginning on the date of completion of training. 
(c) TOOLS AND OTHER WORK-RELATED MATERIALS.—In addition 
to payments under subsection (a), the implementing official shall 
reimburse the employer for the cost of tools and other work-related 
materials necessary for the eligible person's participation in the 
program of job training in an amount up to $500 if the employer 
presents to the implementing official a certification signed by the 
employer and eligible person that— 
(1) tools and other work-related materials are necessary 
for ttie eligible person's participation in the job training pro-
gram, 
(2) the eligible person bought the tools and other work-
related materials, and 
(3) the employer paid the eligible person for the cost of 
the tools and otner work-related materials. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2763 
(d) OVERPAYMENTS.—(IXA) Whenever the implementing official 
finds that an overpayment under this subtitle has been made to 
an employer on behalf of an eligible person as a result of a certifi-
cation, or information contained in an application, submitted by 
an employer which was false in any material respect, the amount 
of such overpayment shall constitute a Uability of the employer 
to the United States. 
(B) Whenever such official finds that an employer has failed 
in any substantial respect to comply for a period of time with 
a requirement established under this subtitle (unless the employer's 
failure is the result of false or incomplete information provided 
by the eUgible person), each amount paid to the employer on behalf 
of an eligible person for that period shall be considered to be 
an overpayment under this subtitle, and the amoimt of such over-
payment shall constitute a liability of the employer to the United 
States. 
(2) Whenever such official finds that an overpayment under 
this subtitle has been made to an employer on behalf of an eUgible 
person as a result of a certification by the eligible person, or 
as a result of information provided to an employer or contained 
in an application submitted by the eligible person, which was will-
fully or negligently false in any material respect, the amoimt of 
such overpajrment shall constitute a liability of the eligible person 
to the United States. 
(3) Any overpayment referred to in paragraph (1) or (2) may 
be recovered in the same manner as any other debt due the United 
States. Any overpayment recovered shall be credited to funds avail-
able to make payments under this subtitle. If there are no such 
funds, any overpayment recovered shall be deposited into the 
Treasury. 
(4) Any overpayment referred to in paragraph (1) or (2) may 
be waived, in whole or in part, in accordance with the terms 
and conditions set forth in section 5302 of title 38, United States 
Code. 
(e) LIMITATIONS.—(1) Payment may not be made to an employer 
for a period of training under this subtitle on behalf of an eligible 
person until the implementing official has received— 
(A) from the eUgible person, a certification that the eligible 
person was employed full time by the employer in a program 
of 
job training during such period; and 
(B) 
fiivm 
the employer, a certification— 
(i) that the eUgible person was employed by the 
employer during that period and that the eligible person's 
performance and progress during such period were satisfac-
tory; and 
(u) of the number of hours worked by the eUgible 
person during that period. 
With respect to the first such certification by an employer with 
respect to an eligible person, the certification shall indicate the 
date on which the employment of the eligible person began and 
the starting hourly rate of wages paid to the eUgible person (without 
regard to overtime or premium pay). 
(2) Payment may not be made to an employer for a period 
of training under this subtitle on behalf of an eligible person for 
which a request for payment is made after two years after the 
date on whidi that period of training ends. 
106 STAT. 2764 
PUBLIC LAW 102-484—OCT. 23, 1992 
SEC. 4488. ENTRY INTO PROGRAM OF JOB TRAINING. 
(a) IN GENERAL.—^Notwithstanding any other provision of this 
subtitle, the implementing official shaU withhold or deny approval 
of an eligible person's entiy into an approved program of 
job training 
if such official determines that funds are not available to make 
payments under this subtitle on behalf of the eligible person to 
the employer offering that program. Before the entry of an eligible 
person into an approved program of job training of an employer 
for purposes of assistance under this subtitle, the employer shall 
notify such official of the employer's intention to employ that eligible 
person. The eligible person may begin such program of job training 
with the employer two weeks after the notice is transmitted, by 
means prescribed by such official, to such official imless within 
that time the employer has received notice from such official that 
approval of the eligible person's entry into that program of job 
training must be withheld or denied in accordance with this section. 
(b) PERIOD FOR COMMENCEMENT OF PARTICIPATION UNDER CERT 
TIFICATE.—An eli^ble person who is issued a certificate of eligibility 
for participation m a program of job training under this subtitle 
shall commence participation in such a program not more than 
180 days after uie date of the issuance of the certificate. The 
date on which a certificate is furnished to an eligible person shall 
be stated on the certificate. 
SEC. 4488. PROVISION 
OF 
TRAINING 
THROUGH EDUCATIONAL 
INSTITUTIONS. 
An employer may enter into an agreement with an educational 
institution that has been approved for the purposes of chapter 
106 of title 10, United States Code, in order uiat such institution 
may provide a program of job training (or a portion of such a 
program) under this subtitie. When such an agreement has been 
entered into, the appHcation of the employer under section 4486 
shall so state and snail include a description of the training to 
be provided under the agreement. 
SEC. 4480. DISCONTINUANCE OF APPROVAL OF PARTICIPATION IN 
CERTAIN EMPLOYER PROGRAMS. 
(a) FAILURE TO MEET REQUIREMENTS.—If the implementing 
official finds at any time that a program of iob training previously 
approved for the purposes of this subtitie thereafter faiLs to meet 
any of the requirements established under this subtitle, such official 
may immediately disapprove further participation by eligible per-
sons in that program. Such official shall provide to the employer 
concerned, and to each eligible person participating in the employ-
er's program, a statement of the reasons for, and an opportimity 
for a hearing with respect to, such disapproval. The employer and 
each such eligible person shall be notified of such disapproval, 
the reasons for such disapproval, and the opportunity for a hearing. 
Notification shall be by a certified or registered letter, and a return 
receipt shall be secured. 
(b) RATE OF COMPLETION.—(1) If the implementing official 
determines that the rate of eUgible persons' successful completion 
of an employer's programs of job training previouslv approved for 
the purposes of this subtitle is disproportionately low because of 
deficiencies in the quality of such programs, such official shall 
disapprove participation in such programs on the part of eligible 
persons who had not begun such participation on the date that 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2765 
the employer is notified of the disapproval. In determining whether 
any such rate is disproportionately low because of such deficiencies, 
such official shall take into account appropriate data, including— 
(A) the quarterly data provided by the Secretanr of Labor 
with respect to the number of eligible persons who receive 
coimseling in connection with training under this subtitle, are 
referred to emploi^ers under this suotitle, participate in job 
training luider tms subtitle, and complete such training or 
do not complete such training, and the reasons for 
noncompletion; and 
(B) date compiled through the particular employer's compli-
ance surveys. 
(2) With respect to a disapproval under paragraph (1), the 
implementing official shall provide to the emplover concerned the 
kind of stetement, opportunity for hearing, and notice described 
in subsection (a). 
(3) A disapproval under para^aph (1) shall remain in effect 
until such time as the implementmg official determines that ade-
quate remedial action has oeen taken. 
SEC. 4491. INSPECTION OF RECORDS; INVESTIGATIONS. 
(a) RECORDS.—^The records and accounte of employers pert€iin-
in^ to eligible persons on behalf of whom assistance has been 
paid under this subtitle, as well as other records that the 
implementing official determines to be necessary to ascertein 
compliance with the requiremente esteblished under this subtitle, 
shall be available at reasonable times for examination by authorized 
representetives of the Federal Government. 
(b) COMPLIANCE MONITORING.—Such official may monitor 
employers and eli^ble persons participating in programs of job 
training under this subtitle to determine compliance with the 
requirements esteblished under this subtitle. 
(c) INVESTIGATIONS.—Such official may investigate any matter 
such official considers necessary to determine compliance with the 
requiremente esteblished under this subtitle. The investigations 
authorized by this subsection mav include examining records 
(including making certified copies of records), questioning employ-
ees, and entering into any premises or onto any site where any 
part of a program of job training is conducted under this subtitle, 
or where any of the records of the employer offering or providing 
such program are kept. 
(d) DEPARTMENT OF LABOR.—^Fimctions may be administered 
under subsections (b) and (c) in accordance with an a^eement 
between the Secretary and the Secretery of Labor providing for 
the administration of such subsections (or any portion of such 
subsections) by the Department of Labor. Under such an agreement, 
any entity of the Dep£utment of Labor specified in the agreement 
may administer such subsections. 
SEC. 4492. COORDINATION WITH OTHER PROGRAMS. 
(a) VETERANS EDUCATION PROGRAMS.—(1) Assistance may not 
be paid under this subtitle to an employer on behalf of an eligible 
person for any period of time described in paragraph (2) and to 
such eligible person under chapter 30, 31, 32, 35, or 36 of title 
38, United Stetes Code, or chapter 106 of title 10, United Stetes 
Code, for the same period of time. 
(2) A period of time referred to in paragraph (1) is the period 
of time beginning on the date on which the eligible person enters 
106 STAT. 2766 
PUBLIC LAW 102-484—OCT. 23, 1992 
into an approved program of job training of an employer for pur-
poses of assistance under ikua subtitle and ending on the last 
date for which such assistance is payable. 
(b) OTHER TRAINING AND EMPLOYMENT.—Assistance may not 
be paid under this subtitle to an employer on behalf of an eligible 
person for any period if the employer receives for that period 
any other form of assistance on account of the training or employ-
ment of the eligible person, including assistance under the Job 
Training Partnership Act or a credit under section 51 of the Internal 
Revenue Code of 1986 (relating to credit for employment of certain 
new employees). 
(c) PREVIOUS COMPLETION OF PROGRAM.—Assistance may not 
be paid imder this subtitle on behalf of an eligible person who 
has completed a program of job training under this subtitle. 
(d) PROMOTION.—(1) In carrying out section 3116(b) of title 
38, United States Code, the Seoretary of Veterans Affairs shall 
take all feasible steps to establish and encourage, for eligible per-
sons who are eligible to have payments made on their behalf under 
such section, the development of training opportunities through 
programs of 
job training under this subtitle. 
(2) The Secretarv of Veterans Affairs, in cooperation with the 
implementing official (unless the Secretary of Veterans Affairs is 
the implementing official), shall take all feasible steps to ensure 
tliat, in the cases of eligible persons who are eligible to have 
payments made on their behalf under both this subtitle and section 
3116(b) of title 38, United States Code, the authority under such 
section is utilized, to the maximum extent feasible and consistent 
with the eligible person's best interests, to make payments to 
employers on behalf of such eligible persons. 
SEC. 44»S. COUNSELING. 
Ck>ntracts. 
(a) IN GENERAL.—^The implementing official shall, upon request, 
provide, by contract or otherwise, employment coimseling services 
to any eligible person eligible to participate under this subtitle 
in order to assist such eligible person in selecting a suitable program 
of 
job training imder this subtitle. 
(b) CASE MANAGER.—(1) The implementing official shall provide 
for a program under which— 
(A) except as provided in paragraph (2), a disabled veteran's 
outreach program specialist appointed under section 4103A(a) 
of title 38, United States Code, is assigned as a case manager 
for each eligible person participating in a program of job train-
ing under this subtitle; 
(B) the eligible person has an in-person interview with 
the case manager not later than 60 days after entering into 
a program of training under this subtitle; and 
(C) periodic (not less frequent than monthly) contact is 
maintained wiUi each such digible person for the purpose 
of (i) avoiding unnecessary termination of e m p l o ^ e n t , (ii) 
referring the eligible person to appropriate counselmg, if nec-
essary, (iii) faciUtating the eligible person's successfiu comple-
tion of such program, and (iv) following up with the employer 
and the eligible person in order to determine the eligible per-
son's progress in the program and the outcome regarding the 
eligible person's participation in and successful completion of 
the program. 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2767 
(2) No case manager shall be assigned pursuant to paragraph 
(IXA)-
(A) for an eli^ble person if, on the basis of a recommenda-
tion made by a disabled veterans' outreach program specialist, 
the implementing official determines that there is no need 
for a case manager for such eligible person; or 
(B) in the case of the employees of an employer, if the 
implementing official determines that— 
(i) &e employer has an appropriate and effective 
employee assistance program that is aveulable to all eligible 
persons participating in the employer's programs of job 
training under this subtitle; or 
(ii) the rate of eligible persons' successful completion 
of the employer's programs of job training under this sub-
title, either cumulativelv or during the previous program 
year, is 60 percent or higher. 
(3) The implementing official shall provide, to the extent fea-
sible, a program of counseling or other services designed to resolve 
difficulties that may be encountered by eligible persons during 
their training under this subtitle. Such counseling or other services 
shall be similar to the counseling and other services provided imder 
sections 1712A, 3697A, 4103A, 4104, 7723, and 7724 of title 38, 
United States Code, and section 1144 of title 10, United States 
Code. 
(c) CASE MANAGER REQUIRED.—^Before an eligible person who 
volunt€urily terminates from a program of job training under this 
subtitle or is involuntarily terminated 
frt>m 
such program by the 
employer may be eligible to be provided with a further certificate, 
or renewal of certification, of eligibility for participation imder 
this subtitle, such eligible person must be provided by the Secretaiy 
of Labor, after consultation with the implementing official, with 
a case manager. 
SEC. 
44M. 
INFORMATION AND OUTREACH; USE OF AGENCY 
RESOURCES. 
(a) IN GENERAL.—(1) The Secretary, the Secretary of Veterans 
Affairs, and the Secretary of Labor shall jointly provide for an 
outreach and public information program— 
(A) to inform eligible persons about the employment and 
job training opportunities available under this subtitle and 
under other provisions of law; and 
(B) to inform private industry and business concerns 
(including small business concerns), public agencies and 
organizations, educational institutions, trade associations, and 
labor unions about the job training opportunities available 
under, and the advantages of participating in, tiie program 
established by this subtitle. 
(2) The Secret£uy, in consultation with the Secretary of Labor 
and the Secretary of Veterans Affairs, shall promote the develop-
ment of employment and job training opportunities for eligible 
persons by encouraging potential employers to make programs of 
job training under this subtitle available for eligible persons, by 
advising ouier appropriate Federal departments and agencies of 
the program established by this subtitle, and by advising employers 
of applicable responsibilities imder chapters 41 and 42 of title 
38, United States Code, with respect to eligible persons. 
106 STAT. 2768 
PUBLIC LAW 102-484—OCT. 23, 1992 
(b) COORDINATION.—^The Secretary, the Secretary of Veterans 
Affairs, and the Secretary of Labor snail coordinate the outreach 
and public information program under subsection (aXD, and job 
development activities under subsection (aX2), with job counseling, 
placement, job development, and other services provided for under 
chapters 41 and 42 of title 38, United States Code, and with 
other similar services offered by other public agencies and organiza-
tions. 
(c) AGENCY RESOURCES.—(1) The Secretary, the Secretary of 
Veterans Affairs, and the Secretary of Labor shall make available 
such personnel as are necessary to facilitate the effective 
implementation of this subtitle. 
(2) In canying out the responsibilities of the Secretary of Labor 
under this subtil^, the Secretary of Labor shall make maximum 
use of the services of Directors and Assistant Directors for Veterans' 
Employment and Training, disabled veterans' outreach program 
specialists, and employees of local offices, appointed pursuant to 
sections 4103, 4103A. and 4104 of title 38, United States Code. 
To the extent that the implementing official withholds approval 
of eligible persons' applications under this subtitle piursuant to 
section 4485(bX2XB), tne Secretary of Labor shall take steps to 
assist such eligible persons in taking advantage of opportunities 
that may be available to them under any other program carried 
out with funds mt)vided by the Secretary of Labor. 
(d) SMALL JBUSINESS.—The implementing official sludl request 
and obtain 
firom 
the Administrator of the Small Business Adminis-
tration a list of small business concerns and shall, on a regular 
basis, update such list. Such list shall be used to identify and 
promote possible training and employment opportunities for eligible 
persons. 
(e) ASSISTANCE TO PARTICIPATE.—The Secretary, the Secretary 
of Veterans Affairs, and the Secretary of Labor shsal assist eligible 
persons and employers desiring to participate under this subtitle 
m making application and completing necessary certifications. 
(f) COLLECTION OF CERTAIN INFORMATION.—The Secretary of 
Labor shall, on a not less frequent than quarterly basis, coUect 
and compile from the heads of State employment services and 
Directors for Veterans' Employment and IVaining for each State 
information available to such heads and Directors, and derived 
firom programs carried out in their respective States, with respect 
to the numbers of eligible persons who receive coimseling services 
pursuant to section 4493, who are referred to employers participat-
ing under this subtitle, who participate in programs of job training 
under this subtitle (including a description of the nature of the 
training and salaries theA are part of such programs), and who 
complete such programs, and the reasons for eligible persons' 
noncompletion. 
SEC. 44M. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—(1) Of the amounts authorized to be appro-
priated in section 301 for Defense Agencies, $75,000,000 shcdl be 
made available for the purpose of m£ddng payments to employers 
under this subtitle. The Secretary of Veterans Affairs and the 
Secretary of Labor shall submit an estimate to the Secretary of 
the amount needed to carry out any agreement entered into under 
section 4484(a), including administrative costs referred to in para-
graph (3). Such agreements shall include administrative prooedures 
PUBLIC LAW 102-484—OCT. 23, 1992 
106 STAT. 2769 
to ensure the prompt and timely payments to employers by the 
implementing official. 
(2) Amounts made available pursuant to this section for a 
fiscal year shall remain available until the end of the second fiscal 
year following the fiscal year in which such amounts were appro-
priated. 
(3) Of the amounts made available pursuant to this section 
for a fiscal year, six percent of such amounts may be used for 
the purpose of administering this subtitle, including reimbursing 
expenses incurred. 
(b) AVAILABILITY OF DEOBUGATED FUNDS.—Notwithstanding 
any other provision of law, any fiinds made available pursuant 
to this section for a fiscal year which are obligated for tiie purpose 
of making payments under section 4487 on behalf of an eligible 
person (including fimds so obligated which previously had been 
obligated for such purpose on behalf of another eligible person 
and were thereafter deobligated) and are later deobUgated shall 
immediately upon deobligation become available to the implement-
ing official for obligation for such purpose. The fiirther obligation 
of such fiinds by such official for such purpose shall not be delayed, 
directly or indirectly, in any manner by any officer or employee 
in the executive branch. 
SEC. 4496. TIME PERIODS FOR APPUCATION AND INITIATION OF 
TRAINING. 
Assistance may not be paid to an employer under this subtitle— 
(1) on behalf of an eli^ble person who initially applies 
for a program of job training under this subtitle after 
September 30,1995; or 
(2) for any such program which begins after March 31, 
1996. 
SEC. 4497. TREATMENT OF CERTAIN PROVISIONS OF L
A
W UPON 
TRANSFER OF AMOUNTS PROVIDED UNDER TmS ACT. 
(a) CONTINGENT AMENDMENT.—If a transfer is made in accord-
ance with section 4501(c) of the full amount of the amount provided 
under section 4495(a) for the program established under section 
4484(a), then, effective as of me date of the enactment of this 
Act, the first sentence of section 4484(a) is amended by striking 
"the Secretary shall carry out" and inserting "the Secretary may 
carry out". 
(b) PUBUCATION IN THE FEDERAL REGISTER.—If the transfer 
described in subsection (a) is made, then the Secretary of Defense 
shall promptly publish in the Federal Register a notice of such 
transfer. Such notice shall specify the date on which such transfer 
occurred. 
TITLE XLV—BUDGET 
SEC. 4S01. BUDGET DETERMINATION BY THE DIRECTOR OF OMB. 
10 USC 114 
(a) REQUIREMENT F
O
R DETERMINATION.—An amount made "
°
*
® 
available under this Act for a program described in subsection 
(b) may be obligated for that program only if expenditures for 
that program have been determined by the Director of the Office 
of Management and Budget to be counted against the defense 
category of the discretionary spending limits for fiscal year 1993 
(as defined in section 601(aX2) of the Coflgressional Budget Act 
106 STAT. 2770 
PUBLIC LAW 102-484—OCT. 23, 1992 
of 1974) for purposes of part C of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
(b) COVERED PROGRAMS.—^The programs referred to in sub-
section (a) are the programs under title XLIII and subtitles D 
through G of title TOAV. 
(c) EFFECT ON APPROPRIATIONS FOR PROGRAMS NOT COUNTED 
AGAINST DEFENSE CATEGORY.—(1) Not later than the third day 
after the date of the enactment of this Act, the Director of the 
Office of Mana^ment and Budget shall make a determination 
as to the classification by discretionary spending limit category 
for purposes of the Balanced Bucket and Emergency Deficit Control 
Act of 1985 of amounts appropriated for fiscal year 1993 for each 
President. 
of the programs describea m subsection (b). If the Director deter-
Reports- 
mines that any such amount shall not classify against the defense 
category, then tiie President shall submit to Congress a report 
Usting all such amounts that the Director has determined will 
not cUussify against the defense category (as described in subsection 
(a)). Such report shall contain an explanation for each such deter-
mination. 
(2) All amounts listed in the report under paragraj^ (1) may 
be transferred only to the programs under titles XLII, ALIII, and 
XLIV that are classified against the defense category by virtue 
of the report of the President submitted under paragraph (1) pursu-
ant to amoimts specified in appropriation Acts. Any such transfer 
shall be taken into account for purposes of calculating all reports 
under section 254 of the Balanced Budget and Emergency Deficit 
Control Act of 1985. 
Approved October 23, 1992. 
LEGISLATIVE HISTORY—H.R. 5006 (S. 3114): 
HOUSE REPORTS: Nos. 102-527 (Ctomm. on Armed Services) and 102-966 (Comm. of 
Conference). 
S E N A T E REPORTS: No. 102-352 accompanying S. 3114 (Comm. on Armed Services). 
C O N G R E S S I O N A L RECORD, Vol. 138 (1992): 
June 3-5, considered and passed House. 
Aug. 7, 10, Sept. 17, 18, S. 3114 considered and passed Senate; H.R. 5006, 
amended, passed in lieu. 
Oct. 3, House agreed to conference report. 
Oct. 5, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 23, Presidential remarks and statement.