Department of Defense Appropriations Act, 1990
PL 101-165 (H.R.3072), enacted 11/21/1989

103 STAT. 1112 
PUBLIC LAW 101-165—NOV. 21, 1989 
Public Law 101-165 
101st Congress 
An Act 
Nov. 21,1989 
[H.R. 3072] 
Department of 
Defense 
Appropriations 
Act, 1990. 
Armed Forces. 
Arms and 
munitions. 
Making appropriations for the Department of Defense for the Hscal year ending 
September 30, 1990, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 
1990, for military functions administered by the Department of 
Defense, and for other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizations! movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Army on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; and for 
pajnnents pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), to section 2290a) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $24,510,960,000: Provided, That $11,000,000 shall be 
available only for the activation of one additional battalion for the 
6th Light Infantry Division not later than August 15,1990: Provided 
further. That no reduction be made in anv active component combat 
or corps headquarters unit in the United States to make personnel 
available for this unit. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Navy on active duty (except members of the Reserve 
provided for elsewhere), midshipmen, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), to section 2290b) of the Social Security 
Act (42 U.S.C. 429(b)), and to the Department of Defense Military 
Retirement Fund; $19,307,700,000. 
MIUTARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1113 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund; $5,800,200,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Air Force on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; and 
for payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), to section 2290)) of the Social Security 
Act (42 U.S.C. 429(b)), and to the Department of Defense Military 
Retirement Fund; $19,994,040,000: Provided, That none of the funds 
provided in this account and in "Operation and Maintenance, Air 
Force" may support the continuation of the B-52G Squadron of the 
43rd Bomb Wing after June 15,1990. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 
under sections 265, 3021, and 3038 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and 
expenses authorized by section 2131 of title 10, United States Code, 
as authorized by law; and for pajrments to the Department of 
Defense Military Retirement Fund; $2,234,400,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty 
under section 265 of title 10, United States Code, or while serving on 
active duty under section 672(d) of title 10, United States (Dode, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing reserve training, or 
while performing drills or equivalent duty, and for members of the 
Reserve Officers Training Corps, and expenses authorized by sec-
tion 2131 of title 10, United States Code, as authorized by law; and 
for payments to the Department of Defense Military Retirement 
Fund; $1,582,800,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on 
active duty under section 265 of title 10, United States Code, or 
103 STAT. 1114 
PUBLIC LAW 101-165—NOV. 21, 1989 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine (!k>rps platoon leaders class, and expenses 
authorized by section 2131 of title 10, United States Code, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $319,200,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active 
duty under sections 265, 8021, and 8038 of title 10, United States 
Code, or while serving on active duty under section 672(d) of title 10, 
United States (Dode, in connection with performing duty specified in 
section 678(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' Training 
Corps, and expenses authorized by section 2131 of title 10, United 
States Code, as authorized by law; and for payments to the Depart-
ment of Defense Military Retirement Fund; $672,700,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on 
duty under section 265, 3021, or 3496 of title 10 or section 708 of title 
32, United States (Dode, or while serving on duty under section 672(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States (Dode, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 2131 of title 10, United States (Dode, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $3,246,700,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty 
under section 265, 8021, or 8496 of title 10 or section 708 of title 32, 
United States (Dode, or while serving on duty under section 672(d) of 
title 10 or section 502(f) of title 32, United States (Dode, in connection 
with performing duty specified in section 678(a) of title 10, United 
States (Dode, or while undergoing training, or while performing 
drills or equivalent duty, or other duty, and expenses authorized by 
section 2131 of title 10, United States (Dode, as authorized by law; 
and for pa5rments to the Department of Defense Military Retirement 
Fund; $1,051,200,000. 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1115 
TITLEII 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Army, as authorized by law; and not 
to exceed $18,487,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Sec-
retary of the Army, and pa3anents may be made on his certificate of 
necessity for confidential military purposes; $22,787,559,000: Pro-
vided, That $250,000 shall be available for the 1990 Memorial Day 
Celebration: Provided further. 
That of the funds appropriated 
herein, $3,500,000 shall be available for a grant to the Monterey 
Institute of International Studies: Provided further. That of the 
funds appropriated in this paragraph, $46,000,000 shall be available 
only for procurement for the Extended Cold Weather Clothing 
System (ECWCS) and intermediate cold-wet weather boots, unless 
$46,000,000 of ECWCS and the intermediate cold-wet weather boots 
are procured by the Army Stock Fund during fiscal year 1990. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,277,000 can be used for 
emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Navy, and payments 
may be made on his certificate of necessity for confidential military 
purposes; $23,902,621,000, of which $81,000,000 shall remain avail-
able until September 30, 1992: Provided, That from the amounts of 
this appropriation for the alteration, overhaul and repair of naval 
vessels and aircraft, funds shall be available to acquire the alter-
ation, overhaul and repair by competition between public and pri-
vate shipyards, Naval Aviation Depots and private companies. The 
Navy shall certify that successful bids include comparable estimates 
of all direct and indirect costs for both public and private shipyards. 
Naval Aviation Depots, and private companies. Competitions shall 
not be subject to section 2461 or 2464 of title 10, United States Code, 
or to Office of Management and Budget Circular A-76. Naval Avia-
tion Depots may perform manufacturing in order to compete for 
production contracts: Provided further. That funds appropriated or 
made available in this Act shall be obligated and expended to 
restore and maintain the facilities, activities and personnel levels, 
including specifically the medical facilities, activities and personnel 
levels, at the Memphis Naval Complex, Millington, Tennessee, to 
the fiscal year 1984 levels: Provided further. That the Navy may 
provide notice in this fiscal year to exercise options under the 
LEASAT program for the next fiscal year, in accordance with the 
terms of the Aide Memoire, dated January 5, 1981, as amended by 
the Aide Memoire dated April 30, 1986, and as implemented in the 
LEASAT contract: Provided further. That notwithstanding section 
2805 of title 10, United States Code, of the funds appropriated 
herein, $2,000,000 shall be available for a grant to the National 
Museum of Naval Aviation at Pensacola, Florida. These funds shall 
be available solely for project costs and none of the funds are for 
103 STAT. 1116 
PUBLIC LAW 101-165—NOV. 21, 1989 
remuneration of any entity or individual associated with fund rais-
ing for the project. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Marine Corps, as authorized by law; 
$1,657,719,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Air Force, as authorized by law; and 
not to exceed $8,053,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or authority of the 
Secretary of the Air Force, and payments may be made on his 
certificate 
of 
necessity 
for 
confidential 
military 
purposes; 
$21,806,213,000: Provided, That none of the funds made available in 
this Act may be used to disestablish or reduce the operation of the 
Air Force and Air Force Reserve WC-130 Weather Reconnaissance 
Squadrons. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by 
law; $7,800,156,000, of which not to exceed $10,642,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $861,800,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $894,800,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1117 
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $77,400,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
admiinistration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $978,500,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; hire of passenger motor 
vehicles; personnel services in the National Guard Bureau; travel 
expenses (other than mileage), as authorized by law for Army 
personnel on active duty, for Army National Guard division, regi-
mental, and battalion commanders while inspecting units in compli-
ance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; supplying and 
equipping the Army Nationsil Guard as authorized by law; and 
expenses of repair, modification, maintenance, and issue of supplies 
and equipment (including aircraJfl); $1,867,100,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, includ-
ing medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other nec-
essary expenses of facilities for the training and administration of 
the Air National Guard, including repair of facilities, maintenance, 
operation, and modification of aircraft; transportation of things; hire 
of passenger motor vehicles; supplies, materials, and equipment, as 
authorized by law for the Air National Guard; and expenses incident 
to the maintenance and use of supplies, materials, and equipment, 
including such as may be furnished from stocks under the control of 
agencies of the Department of Defense; travel expenses (other than 
mileage) on the same basis as authorized by law for Air National 
Guard personnel on active Federal duty, for Air National Guard 
commanders while inspecting units in compliance with National 
Guard Bureau regulations when specifically authorized by the Chief, 
National Guard Bureau; $1,981,900,000. 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY 
For the necessary expenses and personnel services (other than pay 
and non-travel related allowances of members of the Armed Forces 
of the United States, except for members of the Reserve components 
thereof called or ordered to active duty to provide support for the 
national matches) in accordance with law, for construction, equip-
ment, and maintenance of rifle ranges; the instruction of citizens in 
marksmanship; the promotion of rifle practice; the conduct of the 
national matches; the issuance of ammunition under the authority 
103 STAT. 1118 
PUBLIC LAW 101-165—NOV. 21, 1989 
of title 10, United States Code, sections 4308 and 4311; the travel of 
rifle teams, military personnel, and individuals attending r^onal, 
national, and international competitions; and the payment to 
competitors at national matches under section 4312 of title 10, 
United States Code, of subsistence and travel allowances under 
section 4313 of title 10, United States Code; not to exceed $4,700,000, 
of which not to exceed $7,500 shall be available for incidental 
expenses of the National Board. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States Court of 
Military Appeals; $4,000,000, and not to exceed $1,500 can be used 
for official representation purposes. 
ENVIRONMENTAL RESTORATION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense; $601,100,000, to remain available 
until transferred: Provided, That the Seoretaiy of Defense shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, research 
and development associated with hazardous wastes and removal of 
unsafe buildings and debris of the Department of Defense, or for 
similar purposes (including programs and operations at sites for-
merly used by the Department of Defense), transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of Defense as the Secretary may designate, 
to be merged with and to be available for the same purposes and for 
the same time period as the appropriations of funds to which 
transferred: Provided further. That upon a determination that all or 
part of the funds transferred pursuant to this provision are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to thiia appropriation. 
GOODWILL GAMES 
For logistical support and personnel services including initial 
planning for security needs (otlier than pay and non-travel related 
allowances of members of the Armed Forces of the United States, 
except for members of the Reserve components thereof called or 
ordered to active duty to provide support for the Goodwill Games) 
provided 1^ any component of the Department of Defense to the 
Goodwill Games; $14,600,000, to remain available for obligation 
until March 31,1991. 
HUMANTTAIUAN ASSISTANCE 
For transportation for humanitarian relief for refugees of 
Afghanistan, acquisition and shipment of transportation assets to 
assist in the distribution of such relief, and for transportation and 
distribution of humanitarian and excess nonlethal supplies for 
worldwide humanitarian relief, as authorized by law; $13,000,000, to 
remain available for obligation until September 30, 1991: Provided, 
That the Department of Defense shall notify the Committees on 
Appropriations and Armed Services of the Senate and House of 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1119 
Representatives 21 days prior to the shipment of humanitarian 
relief which is intended to be transported and distributed to coun-
tries not previously authorised by Congress. 
TITLE in 
PROCUREMENT 
AmcRAFT PROCUBEMENT, ABMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the forgoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $3,789,937,000, to remain avail-
able for obligation until September 30, 1992: Providedy That the Reports. 
Secretary of Defense shall review the requirements for Apache 
Helicopters and the Army Helicopter Improvement Program (AHIP) 
and report to the Committees on Appropriations by April 1, 1990: 
Provided further. That if the report finds that addition^ Apache or 
AHIP Helicopters are needed to fulfill the requirements for the US. 
Army, including National Guard and reserve forces, the Secretary of 
Defense may propose to obligate funds provided herein for advance 
procurement on additional Apache and/or AHIP Helicopters. 
MISSILE PRCX^UREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the forgoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the forgoing purposes; $2,708,399,000, to remain avail-
able for obligation until September 30,1992. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY 
For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
103 STAT. 1120 
PUBLIC LAW 101-165—NOV. 21, 1989 
Contracts. 
Communications 
and tele-
communications. 
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $2,707,611,000, to remain available for obligation 
until September 30, 1992: Provided, That the Secretary of the Army 
shall complete the technical and operational testing and acquire the 
technical data package for the Improved Recovery Vehicle, M88A2: 
Provided further. That the Department of the Army shall expedi-
tiously procure an improved vehicle intercommunication system 
with a goal of an initial procurement contract not later than 
September 30,1990. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized in military construction authoriza-
tion Acts or authorized by section 2854, title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $2,011,243,000, to remain available for obligation 
until September 30,1992. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked combat ve-
hicles; the purchase of not to exceed 168 passenger motor vehicles, of 
which 55 shall be for replacement only; communications and elec-
tronic equipment; other support equipment; spare parts, ordnance, 
and accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Grovemment and contractor-owned equipment layaway; 
and 
other 
expenses 
necessary 
for 
the 
foregoing 
purposes; 
$3,669,219,000, to remain available for obligation until Septem-
ber 30,1992. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; $9,389,266,000, to remain available for 
obligation until September 30, 1992. 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1121 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interest therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway, as follows: 
Ballistic Missile Programs, $1,443,165,000; 
Other Missile Programs, $2,831,852,000; 
Mark-48 ADCAP Torpedo, $438,642,000; 
Mark-50 Torpedo, $271,130,000; 
Sea Lance, $1,799,000; 
ASW Targets, $12,983,000; 
ASROC, $9,282,000; 
Modification of Torpedoes, $9,653,000; 
Torpedo Support Programs, $39,002,000; 
ASW Range Support, $24,205,000; 
Other Weapons, $168,838,000; 
Spares and Repair Parts, $111,341,000; 
Installation of Modernization Equipment, $30,420,000; 
In all: $5,392,312,000, to remain available for obligation until 
September 30,1992. 
SHIPBUILDING AND CONVERSION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title, as follows: 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$1,132,800,000, and in addition, $70,000,000 shall be derived by 
transfer from "TRIDENT ballistic missile submarine program, 
1987/1991", $10,000,000 shall be derived by transfer from ^'TRI-
DENT ballistic missile submarine program 1988/92" and 
$20,000,000 shall be derived by transfer from "TRIDENT ballis-
tic missile submarine program 1989/93": Provided, That the 
amounts transferred shall be available only for the time period 
of the appropriation from which transferred: Provided further. 
That none of the funds may be obligated for advance procure-
ment for the nineteenth TRIDENT ballistic missile submarine 
until the Secretary of Defense has certified to the Committees 
on Armed Services and Appropriations, either that the procure-
ment of TRIDENT ballistic missile submarines at a rate of one 
per year is consistent with the United States negotiating goals 
and United States policy on strategic arms reductions and that 
103 STAT. 1122 
PUBLIC LAW 101-165—NOV. 21, 1989 
such production would not necessitate the retirement of ballis-
tic missile submarines prior to the end of their thirty-year 
service life, or that the President will request an adjusted 
production profile for TRIDENT ballistic missile submarines in 
the fiscal year 1991 budget request which is consistent with the 
United States strategic arms reduction negotiating position and 
prevents the retirement of ballistic missile submarines prior to 
the end of their thirty-year service life; 
SSN-688 attack submarine program, $753,300,000; 
SSN-21 attack submarine program, $614,800,000; 
Aircraft carrier service life extension pr(^ram, $630,300,000; 
ENTERPRISE 
refueling/modernization 
program, 
$1,422,100,000; 
DDG-51 destroyer program, $3,500,000,000; 
LHD-1 amphibious assault ship program, $35,000,000; 
LSD-41 
dock 
landing 
ship 
cargo 
varieint 
program, 
$229,300,000; 
MCM mine countermeasures program, $341,500,000; 
MHC coastal mine hunter program, $197,600,000; 
AO conversion program, $35,700,000; 
T-AGOS surveillance ship program, $155,800,000; 
AOE combat support ship program, $356,400,000; 
LCAC landing craft air cushion program, $273,300,000; 
Oceanographic ship prc^ram, $278,100,000; 
Moored training ship demonstration program, $220,000,000; 
Sealift ship program, $600,000,000; 
For craft, outfitting, post delivery, and ship special support 
equipment, $368,900,000; 
Coast Guard icebreaker ship program, $329,000,000; 
Coast Guard patrol boat program, $84,000,000; 
In all: $11,557,900,000, to remain available for obligation until 
September 30, 1994: Provided, That additional obligations may be 
incurred after September 30, 1994, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed 
in the final stage of ship construction: Provided further. That none 
of the funds herein provided for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign shipyards for the construction of major 
components of the hull or superstructure of such vessel: Provided 
further. That none of the funds herein provided shall be used for the 
construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support equip-
ment and materials not otherwise provided for. Navy ordnance and 
ammunition (except ordnance for new aircraft, new ships, and ships 
authorized for conversion); the purchase of not to exceed 2 vehicles 
required for physical security of personnel, notwithstanding price 
limitations applicable to passenger vehicles but not to exceed 
$160,000 per vehicle and the purchase of not to exceed 671 passenger 
motor vehicles of which 645 shall be for replacement only; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and procurement 
and installation of equipment, appliances, and machine tools in 
public and private plants; reserve plant and Government and con-
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1123 
tractor-owned equipment layaway; $7,970,764,000, to remain avail-
able for obligation until September 30,1992. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, ammunition, military equip-
ment, spare parts, and accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; vehicles for the Marine Corps, including pur-
chase of not to exceed 172 passenger motor vehicles for replacement 
only; and expansion of public and private plants, including land 
necessary therefor, and such lands and interests therein, may be 
acquired and construction prosecuted thereon prior to approval of 
title; $1,213,792,000, to remain available for obligation until Septem-
ber 30,1992. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $15,679,242,000, 
to remain available for obligation until September 30, 1992: Pro-
vided, That none of the funds provided in this Act may be obligated 
on B-IB bomber contracts which would cause the Air Force's 
$20,500,000,000 cost estimate for the B-IB bomber baseline program 
expressed in fiscal year 1981 constant dollars to be exceeded. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants. Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and such 
lands and interests therein, may be acquired and construction pros-
ecuted thereon prior to approval of title; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes including rents and transpor-
tation of things; $6,916,863,000, to remain available for obligation 
until September 30, 1992. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground 
electronic and communication equipment), and supplies, materials, 
and spare parts therefor, not otherwise provided for; for the pur-
103 STAT. 1124 
PUBLIC LAW 101-165—NOV. 21, 1989 
chase of not to exceed 451 passenger motor vehicles of which 376 
shall be for replacement only; and expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway; $8,524,110,000, to remain available for obligation 
until September 30,1992. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $973,720,000, to remain available 
for obligation until September 30,1992. 
PROCUREMENT, DEFENSE AGENCIES 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed 514 passenger motor vehicles of which 458 
shall be for replacement only; expansion of public and private 
plants, equipment, and installation thereof in such plants, erection 
of structures, and acquisition of land for the foregoing purposes, and 
such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; 
reserve plant and Grovemment and contractor-owned equipment 
layaway; $1,300,720,000, to remain available for obligation imtil 
September 30,1992. 
DEFENSE PRODUCHON ACT PURCHASES 
(INCLUDING TRANSFER OF FUNDS) 
For purchases or commitments to purchase metals, minerals, or 
other materials by the Department of Defense pursuant to section 
303 of the Defense Production Act of 1950, as amended (50 U.S.C. 
App. 2093); $50,000,000, to remain available until expended: Pro-
vided, That none of these funds shall be obligated for any metal, 
mineral, or material, unless funds have been obligated since 
October 1, 1984, for purchases for qualification of that metal, min-
eral, or material: Provided further. That the Secretary of Defense 
shall transfer the $6,000,000 appropriated imder the heading "De-
fense Production Act Purchases" (102 Stat. 2270-12, Public Law 
100-463) for a demonstration project to develop a reliable source of 
titemium ore from ilemenite to appropriations available to the 
Secretary of the Interior, in order for the United States Bureau of 
Mines to carry out such demonstration project, known as the 
Soledad Canyon Demonstration Project in Los Angeles County, 
California. These funds shall remain available until September 30, 
1993. 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1125 
TITLEIV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, test, and eveduation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $5,434,378,000, to remain available for obligation 
until September 30,1991. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $9,733,174,000, to remain available for obligation 
until September 30, 1991: Provided, That of funds appropriated in 
Research, Development, Test and Evaluation, Navy for Hscal year 
1989, $22,000,000 shall be transferred to Research, Development, 
Test and Evaluation, Defense Agencies for fiscal year 1990 for the 
Tactical Airborne Laser Communications program, to be merged 
with, and to be available for, the same purposes and the same time 
period as the appropriation to which transferred: Provided further. 
Grants. 
That for research and development programs at the National Center 
for Physical Acoustics, centering on ocean acoustics as it applies to 
advanced anti-submarine warfare acoustics issues with focus on 
ocean bottom acoustics—seismic coupling, sea-surface and bottom 
scattering, oceanic ambient noise, underwater sound propagation 
and other such projects as may be agreed upon, $3,000,000 shall be 
made available, as a grant, to the Center, of which not to exceed 
$500,000 of such sum may be used to provide such special equipment 
as required. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $13,635,570,000: Provided, That the Secretary of 
the Air Force shall obligate $100,000,000 of amounts appropriated 
for research, development, test and evaluation for the Air Force for 
fiscal year 1989 that remain available for obligation to carry out 
research, development, test, and evaluation in connection with the 
Small ICBM program: Provided further. That the Secretary of the 
Air Force shall obligate $50,000,000 of amounts appropriated for 
research, development, test, and evaluation for the Air Force for 
fiscal year 1989 from the B-IB program that remain available for 
obligation only to carry out research, development, test, and evalua-
tion to provide cruise missile capability on the B-IB aircraft: Pro-
vided further. That the $13,635,570,000 provided under this heading 
is to remain available for obligation until September 30, 1991. 
103 STAT. 1126 
PUBLIC LAW 101-165—NOV. 21, 1989 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE 
AGENCIES 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test, and evaluation; 
advanced research projects as may be designated and determined by 
the Secretary of Defense, pursuant to law; maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized 
by law; $8,113,049,000, to remain available for obligation until 
September 30,1991: Provided, That $18,000,000 may be available for 
a facility to enable collaborative research and training for Depart-
ment of Defense military medical personnel in trauma care, head, 
neck, and spinal ^ury, paralysis, and neuro-d^enerative diseases: 
i^i;ided/urf^r, Tiiat of the amount herein provided for the Strate-
gic Defense Initiative, $52,000,000 shall be available only for the 
Arrow missile pr(^am. 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activities 
of the Deputy Director of Defense Research and Engineering (Test 
and Evaluation) in the direction and supervision of developmental 
test and evaluation, including performance and joint developmental 
testing and evaluation; and administrative expenses in connection 
therewith; $180,550,000, to remain available for obligation imtil 
September 30,1991. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith; $12,725,000, to remain available for obligation 
imtil September 30,1991. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
NAVY STOCK FUND 
For the Navy stock fund; $40,500,000. 
AIR FORCE STOCK FUND 
For the Air Force stock fimd; $126,100,000. 
DEFENSE STOCK FUND 
For the Defense stock fund; $78,100,000. 
EMERGENCY RESPONSE FUND 
For the "Emergency Response Fund, Defense"; $100,000,000, to 
remain available until expended. The Fund shall be available for 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1127 
providing reimbursement to currently applicable appropriations of 
the Department of Defense for supplies and services provided in 
anticipation of requests from other Federal Departments and agen-
cies and from State and local governments for assistance on a 
reimbursable basis to respond to natural or manmade disasters. The 
Fund may be used upon a determination by the Secretary of Defense 
that immediate action is necessary before a formal request for 
assistance on a reimbursable basis is received. There shall be depos-
ited to the Fund: (a) reimbursements received by the Department of 
Defense for the supplies and services provided by the Department in 
its response efforts and (b) appropriations made to the Department 
of Defense for the Fund. Reimbursements and appropriations depos-
ited to the Fund shall remain available until expended. 
TITLE VI 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986, as follows: 
for Operation and maintenance, $148,400,000; for Procurement, 
$73,000,000; for Research, development, test, and 
evaluation, 
$8,000,000, of which not less than $6,100,000 shall be available only 
for cryofracture: Provided, That of the funds appropriated for 
Chemical Agents and Munitions Destruction, Defense for research, 
development, test and evaluation for fiscal year 1989, not less than 
$16,300,000 must be obligated for cryofracture not later than Janu-
ary 15, 1990: Provided further. That the Secretary of Defense may 
only delegate responsibility for the program planning, policy, 
budget, management, execution and general oversight of the 
destruction of chemical agents and munitions and the retrograde 
movement of chemical agents and munitions to the Secretary of the 
Army; for retrograde, $27,610,000; In all: $257,010,000: Provided, 
That the amount provided for Procurement shall remain available 
until September 30, 1992, and the amount provided for Research, 
development, test, and evaluation shall remain available until 
September 30, 1991 and the amount provided for retrogfrade shall 
remain available until September 30, 1992: Provided further. That of 
the funds appropriated for retrograde, not more than $10,000,000 
may be obligated or expended, nor may any chemical munitions be 
moved from existing storage sites, until the Secretary of Defense 
certifies to the Congress that the Johnston Atoll Chemical Agent 
Disposal System has destroyed live agent chemical munitions and 
that adequate storage capacity exists on Johnston Atoll to safely 
accommodate any chemical munitions or hazardous materials trans-
ported to that site: Provided further. That none of the funds appro-
priated in this or any other Act may be obligated to construct 
additional chemical munition storage facilities on Johnston Atoll. 
103 STAT. 1128 
PUBLIC LAW 101-165—NOV. 21, 1989 
TITLE Vn 
OTHER 
DEPARTMENT 
OF 
DEFENSE 
APPROPRIATIONS 
DRUG INTERDICTION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and enforcement activities of the Depart-
ment of Defense, not provided for elsewhere in this Act, 
$450,000,000; for transfer as follows: Army National Guard and Air 
National Guard operation and maintenance, personnel expenses, 
and associated administrative costs, $70,000,000; for Army National 
Guard and Air National Guard equipment, $40,000,000; for Oper-
ation and Maintenance, including the Civil Air Patrol, $88,200,000; 
for Research, Development, Test and Evaluation, $10,400,000; for 
Military 
Construction, 
$3,700,000; 
and, 
for 
Procurement, 
$237,700,000: Provided, That the funds appropriated by this para-
graph shall be available for obligation for the same period and for 
the S£mie purpose £is the appropriation to which transferred and the 
transfer authority provided in this paragraph is in addition to any 
transfer authority contained elsewhere in this Act: Provided further. 
That of the amount appropriated, $2,500,000 shall be transferred to 
the Department of the Treasury solely for the expenses associated 
with a classified project. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector General 
in carrjring out the provisions of the Inspector General Act of 1978, 
as amended, as follows: for Operation and maintenance, $95,749,000; 
for Procurement, $1,051,000; In all: $96,800,000: Provided, That the 
amount provided for Procurement shall remain available until 
September 30,1992. 
TITLE VIII 
RELATED AGENCIES 
CENTRAL INTELUGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $154,900,000. 
INTELUGENCE COMMUNITY STAFF 
For necessary expenses of the Intelligence Community Staff; 
$28,400,000. 
THE MILDRED AND CLAUDE PEPPER FOUNDATION 
(INCLUDING TRANSFER OF FUNDS) 
For pajnnent to the Mildred and Claude Pepper Foundation, a 
direct and unrestricted grant, including any interest or earnings 
therefrom, to support the purposes of the Foundation, its ongoing 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1129 
educational and public services programs and to serve as a memo-
rial to the late Senator Claude Pepper; $10,000,000: Provided, That, 
notwithstanding any other provision of law or of this Act, the 
Secretary of Defense is hereby authorized and directed to make the 
grant authorized by this section to the Mildred and Claude Pepper 
Foundation, and such greint shall be transferred to the Foundation 
by January 1,1990. 
TITLE IX 
Grants. 
GENERAL PROVISIONS 
SEC. 9001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 9002. During the current fiscal year and hereafter, the 
Secretary of Defense and the Secretaries of the Army, Navy, and Air 
Force, respectively, if they should deem it advantageous to the 
national defense, £ind if in their opinions the existing facilities of the 
Department of Defense are inadequate, are authorized to procure 
services in accordance with section 3109 of title 5, United States 
Code, under regulations prescribed by the Secretary of Defense, and 
to pay in connection therewith travel expenses of individuals, 
including actual transportation and per diem in lieu of subsistence 
while traveling from their homes or places of business to of^cial 
duty stations and return as may be authorized by law: Provided, 
That such contracts may be renewed annually. 
SEC. 9003. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or emplojrment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases 
granted to direct £ind indirect hire foreign national employees of the 
Department of Defense shall not be at a rate in excess of the 
percentage increase authorized by law for civilian employees of the 
Department of Defense whose pay is computed under the provisions 
of section 5332 of title 5, United States Code, or at a rate in excess of 
the percentage increase provided by the appropriate host nation to 
its own employees, whichever is higher. 
SEC. 9004. During the current fiscal year and hereafter, the 
Secretary of Defense and each purchasing and contracting agency of 
the Department of Defense shall assist American small and minor-
ity-owned business to participate equitably in the furnishing of 
commodities and services financed with funds appropriated under 
this Act by increasing, to an optimum level, the resources and 
number of personnel jointly assigned to promoting both small and 
minority business involvement in purchases financed with funds 
appropriated herein, and by making available or causing to be made 
available to such businesses, information, as far in advance as 
possible, with respect to purchases proposed to be financed with 
funds appropriated under this Act, and by assisting smsdl and 
minority business concerns to participate equitably as subcontrac-
tors on contracts financed with funds appropriated herein, and by 
otherwise advocating and providing small and minority business 
opportunities to participate in the furnishing of commodities and 
services financed with funds appropriated by this Act. 
SEC. 9005. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein. 
Government 
organization and 
employees. 
10 use 2241 
note. 
Aliens. 
EmplojTnent 
and 
unemplojmient. 
Government 
organization and 
employees. 
10 use 1584 
note. 
Wages. 
Small business. 
Gontracts. 
Minorities. 
10 use 2301 
note. 
103 STAT. 1130 
PUBLIC LAW 101-165—NOV. 21, 1989 
International 
agreements. 
Real property. 
10 u s e 2341 
note. 
10 use 2241 
SEC. 9006, During the current fiscal year and hereafter, no part of 
note. 
the appropriations available to the Department of Defense shall be 
available for any expense of operating aircraft under the jurisdic-
tion of the armed forces for the purpose of proficiency flying, as 
defined in Department of Defense Directive 1340.4, except in accord-
ance with regulations prescribed by the Secretary of Defense. Such 
regulations (1) may not require such flying except that required to 
maintain proficiency in anticipation of a member's assignment to 
combat operations and (2) such flying may not be permitted in csises 
of members who have been assigned to a course of instruction of 
ninety days or more. 
SEC. 9007. No more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp 
training of the Reserve Officers' Training Corps, or the National 
Board for the Promotion of Rifle Practice, Army. 
SEC, 9008. During the current fiscal year and hereafter, the 
agencies of the Department of Defense may accept the use of real 
property from foreign countries for the United States in accordance 
with mutual defense agreements or occupational arrangements and 
may accept services furnished by foreign countries as reciprocal 
international courtesies or £is services customarily made available 
without charge; and such agencies may use the same for the support 
of the United States forces in such areas without specific appropria-
tion therefor. 
In addition to the foregoing, hereafter agencies of the Department 
of Defense may accept real property, services, and commodities from 
foreign countries for the use of the United States in accordance with 
mutual defense agreements or occupational arrangements and such 
agencies may use the same for the support of the United States 
Reports. 
forces in such areas, without specific appropriations therefor: Pro-
vided, That within thirty days after the end of each quarter the 
Secretary of Defense shall render to Congress and to the Office of 
Management and Budget a full report of such property, supplies, 
and commodities received during such quarter. 
SEC. 9009. No part of any appropriation contained in this Act, 
except for small purchases in amounts not exceeding $25,000, shall 
be available for the procurement of any article or item of food, 
clothing, tents, tarpaulins, covers, cotton and other natural fiber 
products, woven silk or woven silk blends, spun silk yarn for car-
tridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, or wool (whether in the form of fiber or yarn or contained 
in fabrics, materials, or manufactured articles), or any item of 
individual equipment manufactured from or containing such fibers, 
yarns, fabrics, or materials, or specialty metals including stainless 
steel flatware, or hand or measuring tools, not grown, reprocessed, 
reused, or produced in the United States or its possessions, except to 
the extent that the Secretary of the Department concerned shall 
determine that satisfactory quality and sufficient quantity of any 
articles or items of food, individual equipment, tents, tarpaulins, 
covers, or clothing or any form of cotton or other natural fiber 
products, woven silk and woven silk blends, spun silk yarn for 
cartridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, wool, or specialty metals including stainless steel flatware, 
grown, reprocessed, reused, or produced in the United States or its 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1131 
possessions cannot be procured as and when needed at United States 
market prices and except procurements outside the United States in 
support of combat operations, procurements by vessels in foreign 
waters, and emergency procurements or procurements of perishable 
foods by establishments located outside the United States for the 
personnel attached thereto: Provided, That nothing herein shall 
preclude the procurement of specialty metals or chemical warfare 
protective clothing produced outside the United States or its posses-
sions when such procurement is necessary to comply with agree-
ments with foreign governments requiring the United States to 
purchase supplies from foreign sources for the purposes of offsetting 
sales made by the United States Government or United States firms 
under approved programs serving defense requirements or where 
such procurement is necessary in furtherance of agreements with 
foreign governments in which both governments agree to remove 
barriers to purchases of supplies produced in the other country or 
services performed by sources of the other country, so long as such 
agreements with foreign governments comply, where applicable, 
with the requirements of section 36 of the Arms Export Control Act 
and with section 2457 of title 10, United States Code: Provided 
further. That nothing herein shall preclude the procurement of 
foods manufactured or processed in the United States or its posses-
sions. 
SEC. 9010, During the current fiscal year and hereafter, appropria-
tions available to the Department of Defense for pay of civilian 
employees shall be available for uniforms, or allowances therefor, as 
authorized by section 5901 of title 5, United States Code. 
International 
agreements. 
Business and 
industry. 
Agriculture and 
agricultural 
commodities. 
Government 
organization and 
employees. 
10 u s e 1593 
note. 
(TRANSFER OF FUNDS) 
SEC. 9011. Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to 
exceed $3,000,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) be-
tween such appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which transferred: 
Provided, TTiat such authority to transfer may not be used unless for 
higher priority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by Congress: 
Provided further. That the Secretary of Defense shall notify the 
Congress promptly of all transfers made pursuant to this authority. 
(TRANSFER OF FUNDS) 
SEC. 9012. During the current fiscal year, cash balances in work-
ing capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That transfers may be 
made between such funds in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of Manage-
ment and Budget, except that transfers between a stock fund ac-
coimt and an industrial fund account may not be made unless the 
103 STAT. 1132 
PUBLIC LAW 101-165—NOV. 21, 1989 
Secretary of Defense has notified the Congress of the proposed 
transfer. Except in amounts equal to the amounts appropriated to 
working capital funds in this Act, no obligations may be made 
against a working capital fund to procure war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC, 9013. (a) None of the funds available to the Department of 
Defense in this Act shall be used by the Secretary of a military 
department to purchase coal or coke from foreign nations for use at 
United States defense facilities in Europe when coal from the 
United States is available. 
flb) Except as provided in 10 U.S.C. 2690, United States 
Code, and thirty days after the Secretary of Defense has notified the 
Committees on Appropriations of the Senate and House of Rep-
resentatives, none of the funds available to the Department of 
Defense in this Act shall be utilized for the conversion of heating 
plants from coal to oil or coal to natural gas at defense facilities in 
Europe: Provided, That this limitation shall apply to any authority 
granted pursuant to section 9008 of this Act. 
Germany. 
(c) Except (1) as provided in 10 U.S.C. 2690, United States 
Energy. 
Code, and thirty days after the Secretary of Defense has notified the 
Committees on Appropriations of the Senate and House of Rep-
resentatives; and (2) that all conversions at the Wiesbaden and 
Kaiserslautem Military Communities shall be held in abeyance 
until August 15, 1990, in order for the Secretary of the Air Force to 
thoroughly evaluate the requirement for and cost-effectiveness of 
the proposal to convert these systems to third-party cogeneration 
systems using American coal and until the General Accounting 
Office hsis reviewed the findings of the Defense Department, after 
which date the Weisbaden and Kaiserslautem Military Commu-
nities may be converted under (1) above, none of the funds available 
to the Department of Defense in the Act shall be used to enter into 
any agreement or contract to convert a heating facility at military 
installations in Europe to district heat, direct natural gas, or other 
sources of fuel. 
SEC. 9014. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 days 
in advance to the Committees on Appropriations and Armed Serv-
ices of the Senate and House of Representatives. 
SEC. 9015. No part of the funds in this Act shall be available to 
prepare or present a request to the Committees on Appropriations 
for reprogramming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which origi-
nally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress. 
SEC, 9016. None of the funds contained in this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
under the provisions for section 1079(a) of title 10, United States 
Code, shall be available for reimbursement of any phjrsician or other 
authorized individual provider of medical care in excess of the lower 
of: (a) the eightieth percentile of the customary charges made for 
similar services in the same locality where the medical care was 
furnished, as determined for physicians in accordance with section 
1079(h) of title 10, United States Code; or (b) the allowable amounts 
in efifect during fiscal year 1988 increased to the extent justified by 
economic changes as reflected in appropriate economic index data 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1133 
similar to that used pursuant to title XVIII of the Social Security 
Act. 
SEC. 9017. During the current fiscal year and hereafter, none of 
the funds available to the Department of Defense shall be available 
for the planning or execution of programs which utilize amounts 
credited to Department of Defense appropriations or funds pursuant 
to the provisions of section 37(a) of the Arms Export Control Act 
representing payment for the actual value of defense articles speci-
fied in section 21(aXlXA) of that Act: Provided, That such amounts 
shall be credited to the Special Defense Acquisition Fund, as au-
thorized by law, or, to the extent not so credited shall be deposited in 
the Treasury as miscellaneous receipts as provided in section 33020)) 
of title 31, United States Code. 
SEC. 9018. None of the funds appropriated by this Act for pro-
grams of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30,1991. 
SEC. 9019. During the current fiscal year and hereafter, the 
Department of Defense may enter into contracts to recover indebt-
edness to the United States pursuant to section 3718 of title 31, 
United States Code. 
SEC. 9020. During the current fiscal year and hereafter, none of 
the funds available to the Department of Defense shall be available 
to provide medical care in the United States on an inpatient basis to 
foreign military and diplomatic personnel or their dependents 
unless the Department of Defense is reimbursed for the costs of 
providing such care: Provided, That reimbursements for medical 
care covered by this section shall be credited to the appropriations 
against which charges have been made for providing such care, 
except that inpatient medical care may be provided in the United 
States without cost to military personnel and their dependents from 
a foreign country if comparable care is made available to a com-
parable number of United States military personnel in that foreign 
country. 
SEC. 9021. None of the funds provided in this Act shall be avail-
able to initiate (1) a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year of the 
contract or that includes an unfunded contingent liability in excess 
of $20,000,000, or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity procure-
ment in excess of $20,000,000 in any one year, unless the Commit-
tees on Appropriations and Armed Services of the Senate and House 
of Representatives have been notified at least thirty days in advance 
of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further. That no part of any appropriation con-
tained in this Act shall be available to initiate multiyear procure-
ment contracts for any systems or component thereof if the value of 
the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procure-
ment contract can be terminated without 10-day prior notification to 
the Committees on Appropriations and Armed Services of the House 
of Representatives and the Senate: Provided further. That the execu-
tion of multiyear authority shall require the use of a present value 
10 use 114 note. 
Contracts. 
10 use 2780 
note. 
10 use 2241 
note. 
Health and 
medical care. 
103 STAT. 1134 
PUBLIC LAW 101-165—NOV. 21, 1989 
analysis to determine lowest cost compared to an annual procure-
ment. Funds appropriated in title IQ of this Act may be used for 
multiyear procurement contracts as follows: 
M-1 tank engines; 
M-1 tank fire control; 
Bradley Fighting Vehicle; 
Family of Heavy Tactical Vehicles; 
Maverick Missile (AGM-65D); 
r 
SH-60B/F Helicopter; and 
DDG-51 Destroyer (Two years). 
(TRANSFER OF FUNDS) 
SEC. 9022. None of the funds appropriated in this Act may be 
made available through transfer, reprogramming, or other means 
between the Central Intelligence Agency and the Department of 
Defense for any intelligence or special activity different from that 
previously justified to the Congress unless the Director of Central 
Intelligence or the Secretary of Defense has notified the House and 
Senate Appropriations Committees of the intent to make such funds 
available for such activity. 
SEC. 9023. None of the funds appropriated by this Act shall be 
available to convert a position in support of the Army Reserve, Air 
Force Reserve, Army National Guard, and Air National Guard 
occupied by, or pr(^rammed to be occupied by, a (civilian) military 
technician to a position to be held by a person in an active Guard or 
Reserve status if that conversion would reduce the total number of 
positions occupied by, or prc^^ammed to be occupied by, (civilian) 
military technicians of the component concerned, below 71,449: Pro-
vided, That none of the funds appropriated by this Act shall be 
available to support more than 48,576 positions in support of the 
Army Reserve, Army Nationad Guaird, or Air National Guard occu-
^ 
pied by, or programmed to be occupied by, persons in an active 
Guard or Reserve status: Provided further. That none of the funds 
appropriated by this Act may be used to include (civilian) military 
technicians in computing civilian personnel ceiling, including statu-
tory or administratively imposed ceilings, on activities in support of 
the Army Reserve, Air Force Rraerve, Army National Guard, or Air 
National Guard. 
SEC. 9024. (a) The provisions of section 115(bX2) of title 10, United 
States Code, shall not apply with respect to fiscal year 1990 or with 
respect to the appropriation of funds for that year. 
(b) During fiscal year 1990, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal 
year shall not be subject to any constraint or limitation (known as 
an end-strength) on the number of such personnel who may be 
empl(wed on the last day of such fiscal year. 
(c) The fiscal year 1991 budget request for the Department of 
Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1991 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard to 
fiscal year 1991. 
10 use 2241 
SEC. 9025, During the current fiscal year and hereafter, none of 
""^- 
the funds made available to the Department of Defense shall be 
used in any way for the leasing to non-Federal agencies in the 
PUBLIC LAW 101-165—NOV. 21,1989 
103 STAT. 1135 
United States aircraft or vehicles owned or operated by the Depart-
ment of Defense when suitable aircraft or vehicles are commercially 
available in the private sector: Provided^ That nothing in this 
section shall affect authorized and established procedures for the 
sale of surplus aircraft or vehicles: Provided further. That nothing in 
this section shall prohibit the leasing of helicopters authorized by 
section 1463 of the Department of Defense Authorization Act of 
1986. 
SEC. 9026. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 9027. None of the funds appropriated by this Act shall be 
obligated for the pay of any individual who is initially employed 
after the date of enactment of this Act as a technician in the 
administration and training of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve unless such 
individual is also a military member of the Army Reserve troop 
program unit that he or she is employed to support. Those techni-
cians employed by the Army Reserve in areas other than Army 
Reserve troop program units need only be members of the Selected 
Reserve. 
SEC. 9028. None of the funds appropriated by this Act shall be 
used to purchase dogs or cats or otherwise fund the use of dogs or 
cats for the purpose of training Department of Defense students or 
other personnel in surgical or other medical treatment of wounds 
produced by any type of weapon: Provided, That the standards of 
such training with respect to the treatment of animals shall adhere 
to the Federal Animal Welfare Law and to those prevailing in the 
civilian medical community. 
SEC. 9029. None of the funds available to the Department of 
Defense may be used for the floating storage of petroleum or 
getroleum products except in vessels of or belonging to the United 
tates. 
SEC. 9030. During the current flscal year and hereafter, funds 
available to the Department of Defense may be used by the Depart-
ment of Defense for the use of helicopters and motorized equipment 
at Defense installations for removal of feral burros and horses. 
SEC. 9031. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated 
pursuant to section 401 of title 10, United States Code, for humani-
tarian and civic assistance costs under chapter 20 of title 10, United 
States Code. Such funds may also be obligated for humanitarian and 
civic assistance costs incidental to authorized operations and pursu-
ant to authority granted in section 401 of chapter 20 of title 10, 
United States Code, and these obligations shall be reported to 
Congress on September 30 of each year: Provided, That funds avail-
able for operation and maintenance shall be available for providing 
humanitarian and similar assistance by using Civic Action Teams in 
the Trust Territories of the Paciflc Islands and freely associated 
states of Micronesia, pursuant to the Compact of Free Association as 
authorized by Public Law 99-239: Provided further. That upon a 
determination by the Secretary of the Army that such action is 
beneflcial for graduate medical education programs conducted at 
Army medical facilities located in Hawaii, the Secretary of the 
Army may authorize the provision of medical services at such 
facilities and transportation to such facilities, on a nonreimbursable 
Aircraft and air 
carriers. 
Motor vehicles. 
Animals. 
10 u s e 2241 
note. 
10 u s e 401 note. 
Reports. 
Education. 
Hawaii. 
Health and 
medical care. 
Territories, U.S. 
103 STAT. 1136 
PUBLIC LAW-101-165—NOV. 21, 1989 
National Guard. 
Employment 
and 
unemployment. 
Education. 
National Guard. 
basis, for not more than 250 civilian patients from American Samoa, 
the Commonwealth of the Northern Mariana Islands, the Marshall 
Islands, the Federated States of Micronesia, Palau and Guam. 
SEC. 9032. Notwithstanding any other provision of law, the Sec-
retaries of the Army and Air Force may authorize the retention in 
an active status until age sixty of any officer who would otherwise 
be removed from an active status and who is employed as a National 
Guard or Reserve technician in a position in which active status in a 
reserve component of the Army or Air Force is required as a 
condition of that employment. 
SEC. 9033. Funds available for operation and maintenance under 
this Act, may be used in connection with demonstration projects and 
other activities authorized by section 1092 of title 10, United States 
Code. 
SEC. 9034. (a) None of the funds appropriated by this Act, shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of enactment of this Act: 
(1) enlists in the armed services for a period of active duty of 
less than three years; or 
(2) receives an enlistment bonus under section 308a or 308f of 
title 37, United States Code, 
nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the 
Treasury to the Secretary of Veterans Affairs pursuant to section 
2006(d) of title 10, United States Code; nor shall the Secretary of 
Veterans Affairs pay such benefits to any such member: Provided, 
That, in the csise of a member covered by clause (1), these limitations 
shall not apply to members in combat arms skills or to members 
who enlist in the armed services on or after July 1, 1989, under a 
fifteen-month program established by the Secretary of Defense to 
test the cost-effective use of special recruiting incentives involving 
not more than nineteen noncombat arms skills approved in advance 
by the Secretary of Defense: Provided further, That no contribution 
to the Fund pursuant to section 2006(g) shall be made during the 
current fiscal year that represents liabilities arising from the 
Department of the Army: Provided further. That this subsection 
applies to active components of the Army. 
(b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by 
the Secretary of Veterans Affairs from the Department of Defense 
Education Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Provided, That 
this subsection shall not apply to those members who have re-
enlisted with this option prior to October 1, 1987: Provided further. 
That this subsection applies to active components of the Army. 
SEC. 9035. Funds appropriated in this Act shall be available for 
the payment of not more than 75 percent of the charges of a 
postsecondary educational institution for the tuition or expenses of 
an officer in the Ready Reserve of the Army National Guard or 
Army Reserve for education or training during his off-duty periods, 
except that no part of the charges may be paid unless the officer 
agrees to remain a member of the Ready Reserve for at least four 
years after completion of such training or education. 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1137 
SEC. 9036. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or func-
tion of the Department of Defense that, on or after the date of 
enactment of this Act, is performed by more than ten Department of 
Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function and 
certification of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate: Provided^ 
That this section shall not apply to a commercial or industrial type 
function of the Department of Defense that: (1) is included on the 
procurement list established pursuant to section 2 of the Act of June 
25, 1938 (41 U.S.C. 47), popularly referred to as the Wagner O'Day 
Act; (2) is planned to be converted to performance by a qualified 
nonprofit agency for the blind or by a qualitied nonprofit agency for 
other severely handicapped individuals in accordance with that Act; 
or (3) is planned to be converted to performance by a qualified firm 
under 51 percent Native American ownership. 
SEC. 9037. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for procurement of 
120mm mortars or 120nmi mortar ammunition manufactured out-
side of the United States: Provided, That this limitation shall not 
apply to procurement of such mortars or ammunition required for 
testing, evaluation, tjrpe classification or equipping the Army's 
Ninth Infantry Division (Motorized). 
SEC. 9038. During the current fiscal year and hereafter, appropria-
tions made available to the Department of Defense may be used at 
sites formerly used by the Department of Defense for removal of 
unsafe buildings or debris of the Department of Defense: Provided, 
That such removal must be completed before the property is re-
leased from Federal Government control, other than property con-
veyed to State or local government entities or native corporations. 
SEC. 9039. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for depot maintenance of 
equipment imless such funds provide for civilian personnel 
strengths at the Army depots performing communications-elec-
tronics depot maintenance at an amount above the strengths as-
signed to those depots on September 30, 1985: Provided, TTiat the 
forgoing limitation shall not apply to civilian personnel who per-
form caretaker-type functions at these installations: Provided fur-
ther. That nothing in this provision shall cause undue reductions of 
other Army depots, as determined by the Secretary of the Army. 
SEC. 9040. None of the funds appropriated or made available by 
this Act may be obligated for acquisition of major automated 
information systems which have not successfully completed over-
sight reviews required by Defense Department regulations: Pro-
vided, That none of the funds appropriated or made available by this 
Act may be obligated on Composite Health Care Sjrstem acquisition 
contracts if such contracts would cause the total life cycle cost 
estimate of $1,100,000,000 expressed in fiscal year 1986 constant 
dollars to be exceeded. 
SEC. 9041. None of the funds provided by this Act may be used to 
pay the salaries of any person or persons who authorize the transfer 
of unobligated and deobligated appropriations into the Reserve for 
Contingencies of the Central Intelligence Agency. 
SEC. 9042. Funds appropriated by this Act for construction 
projects of the CJentral Intelligence Agency, which are transferred to 
Blind persons. 
Handicapped 
persons. 
Indians. 
10 use 2701 
note. 
Real property. 
State and local 
governments. 
Corporations. 
103 STAT. 1138 
PUBLIC LAW 101-165—NOV. 21, 1989 
Maritime 
affairs. 
Computers. 
another Agency for execution, shall remain available until 
expended. 
SEC. 9043. Notwithstanding any other provision of law, the Sec-
retary of the Navy may use funds appropriated to charter ships to 
be used as auxiliary minesweepers providing that the owner agrees 
that these ships may be activated as Navy Reserve ships with Navy 
Reserve crews used in training exercises conducted in accordance 
with law and policies governing Naval Reserve forces. 
SEC. 9044. None of the funds in this Act may be used to execute a 
contract for the Civilian Health and Medical Program of the Uni-
formed Services (CHAMPUS) Reform Initiative that exceeds the 
total fiscal year 1987 costs for CHAMPUS care provided in Califor-
nia and Hawaii, plus normal and reasonable adjustments for price 
and program growth: Provided, That any and all funds derived from 
contracts or subcontracts issued for the CHAMPUS Reform Initia-
tive shall not be subject to any Hawaii State or local sales, general 
excise, or similar taxes imposed upon gross sales, gross income, or 
gross receipts, except to the extent that such taxes are uniformly 
imposed upon physicians, hospitals, and all similar direct providers 
of health care services. 
SEC. 9045. Funds appropriated or made available in this Act shall 
be obligated and expended to continue to fully utilize the facilities at 
the United States Army Engineer's Waterways Experiment Station, 
including the continued availability of the supercomputer capability 
and the planned upgrade of this capability: Provided, That none of 
the funds in this Act may be used to purchase any supercomputer 
which is not manufactured in the United States, unless the Sec-
retary of Defense certifies to the Armed Services and Appropria-
tions Committees of Congress that such an acquisition must be made 
in order to acquire capability for national security purposes that is 
not available from United States manufacturers. 
SEC. 9046. For the purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99-177) as amended by 
the Balanced Budget and Emergency Deficit Control Reaffirmation 
Act of 1987 (Public Law 100-119), the term program, project, and 
activity for appropriations contained in this Act shall be defined as 
the most specific level of budget items identified in the Department 
of Defense Appropriations Act, 1990, the accompanying House and 
Senate Committee reports, the conference report and accompanying 
joint explanatory statement of the managers of the Committee of 
Conference, the related classified annexes, and the P-1 and R-1 
budget justification documents as subsequently modified by Congres-
sional action: Provided, however. That the following exception to the 
above definition shall apply: 
For the Military Personnel and the Operation and Maintenance 
accounts, the term "program, project, and activity" is defined as the 
appropriations accounts contained in the Department of Defense 
Appropriations Act. 
SEC. 9047. (a) Of the funds appropriated to the Army, $12,000,000 
shall be available only for the Reserve Ck)mponent Automation 
System (RCAS): Provided, That none of these funds can be expended: 
(1) except as approved by the Chief of the National Guard 
Bureau; 
(2) unless RCAS resource management functions are per-
formed by the National Guard Bureau; 
(3) unless the RCAS contract source selection official is the 
Chief of the National Guard Bureau; 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1139 
(4) to pay the salary of an RCAS program manager who has 
not been selected and approved by the Chief of the National 
Guard Bureau and chartered by the Chief of the National 
Guard Bureau and the Secretary of the Army; 
(5) unless the Program Manager (PM) charter makes the PM 
accountable to the source selection official and fully defines his 
authority, responsibility, reporting channels and organizational 
structure; 
(6) to pay the salaries of individuals assigned to the RCAS 
program management office, source selection evaluation board, 
and source selection advisory board unless such organizations 
are comprised of personnel chosen jointly by the Chiefs of the 
National Guard Bureau and the Army Reserve; 
(7) to award a contract for development or acquisition of 
RCAS unless such contract is competitively awarded under 
procedures of OMB Circular A-109 for an integrated system 
consisting of software, hardware, and communications equip-
ment and unless such contract precludes the use of Government 
furnished equipment, operating systems, and executive and 
applications software; and 
(8) unless RCAS performs its own classified information 
processing. 
Oi)) None of the funds appropriated or made available in this Act 
are available for procurement of Tactical Army Combat Service 
Support Computer Systems (TACCS) unless at least 50 percent of the 
TACCS computers procured with Army fiscal year 1990 funds are 
provided to the Reserve Component. 
(c) None of the funds appropriated in this Act are available for 
procurement of mini- and micro-computers for the Army Reserve 
Component which duplicate functions to be included in the RCAS 
contract. 
SEC, 9048. None of the funds provided for the Department of 
Defense in this Act may be obligated or expended for fixed price-
type contracts in excess of $10,000,000 for the development of a 
major system or subsystem unless the Under Secretary of Defense 
for Acquisition determines, in writing, that program risk has been 
reduced to the extent that realistic pricing can occur, and that the 
contract type permits an equitable and sensible allocation of pro-
gram risk between the contracting parties: Provided, That the 
Under Secretary may not delegate this authority to any persons who 
hold a position in the Office of the Secretary of Defense below the 
level of Assistant Secretary of Defense: Provided further. That at 
Contracts, 
least thirty days before making a determination under this section 
the Secretary of Defense will notify the Committees on Appropria-
tions of the Senate and House of Representatives in writing of his 
intention to authorize such a fixed price-type developmental con-
tract and shall include in the notice an explanation of the reasons 
for the determination. 
SEC. 9049. Monetary limitations on the purchase price of a pas-
senger motor vehicle shall not apply to vehicles purchased for 
intelligence activities conducted pursuant to Executive Order 12333 
or successor orders. 
SEC. 9050, Not to exceed $20,000,000 of the funds available to the 
Department of the Army during the current fiscal year may be used 
to fund the construction of classified military projects within the 
Continental United States, including design, architecture, and 
engineering services. 
103 STAT. 1140 
PUBLIC LAW 101-165—NOV. 21, 1989 
SEC, 9051. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under manufactured outside the United States. 
(TRANSFER OF FUNDS) 
SEC. 9052. Notwithstanding any other provision of law, the 
Department of Defense may transfer prior year unobligated bal-
ances and funds appropriated in this Act to the operation and 
maintenance appropriations for the purpose of providing military 
technician pay and Department of Diefense medical personnel and 
prc^ams (including CHAMPUS) the same exemption from seques-
tration set forth in the Balanced Budget and Emei^ency Deficit 
Control Act of 1985 (Public Law 99-177) as amended by the Balanced 
Budget and Emergency Deficit Control Reaffirmation Act of 1987 
(Public Law 100-119) as that granted the other mDitary personnel 
accounts: Provided, That any transfer made pursuant to any use of 
the authority provided by this provision shall be limited so that the 
amounts reprogrammed to the operation and maintenance appro-
priations do not exceed the amounts sequestered under the Balanced 
Budget and Emergency Deficit CJontrol Act of 1985 (Public Law 99-
177) as amended by the Balanced Budget and Emergency Deficit 
Ck)ntrol Reaffirmation Act of 1987 (Public Law 100-119): Provided 
further. That the authority to make transfers pursuant to this 
section is in addition to the authority to make transfers under other 
provisions of this Act: Provided further. That the Secretary of 
Defense may proceed with such transfer after notifjdng the Appro-
gnations Committees of the House of Representatives and the 
enate twenty legislative days before any such transfer of funds 
under this provision: Provided further. That amounts transferred 
under this provision for Department of Defense medical personnel 
and programs (including CHAMPUS), shall come from prior year 
unobligated appropriations and shall be offset within the appropria-
tions to which transferred. 
SEC. 9053. None of the funds available to the Department of the 
Navy may be used to enter into any contract for the overhaul, 
repair, or maintenance of any naval vessel homeported on the West 
Cbast of the United States which includes charges for interport 
differential as an evaluation factor for award. 
SEC. 9054. None of the funds available to the (Dentral Intelligence 
Agency, the Department of Defense, or any other agency or entity of 
the United States Government may be obligated or expended during 
fiscal year 1990 to provide funds, materiel, or other assistance to the 
Nicaraguan democratic resistance unless in accordance with the 
terms and conditions specified by section 104 of the Intelligence 
Authorization Act for fiscal year 1990. 
SEC. 9055. None of the funds provided in this Act may be obligated 
or expended for the procurement of LANDSAT or SPOT remote 
sensing data except by the Defense Mapping Agency, in its role as 
primary action office for such purchases by Department of Defense 
agencies and military departments. 
SEC. 9056. The designs of the Army LHX helicopter, the Navy 
Advanced Tactical Aircraft, the Air Force Advanced Tactical 
Fighter, and any variants of these aircraft, must incorporate Joint 
Integrated Avionics Working Group standard avionics specifications 
no later than 1998. 
PUBLIC LAW iOl-165—NOV. 21, 1989 
103 STAT. 1141 
SEC. 9057. Such sums as may be necessary for fiscal year 1990 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 9058. Notwithstanding any other provision of law, the Sec-
retary of Defense shall require that a provider of services under the 
Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) also provide services to members of the armed forces 
pursuant to section 1074(c), title 10, in accordance with the same 
reimbursement rules, subject to modifications deemed appropriate 
by the Secretary of Defense, as apply under CHAMPUS. 
(TRANSFER OF FUNDS) 
SEC. 9059. Notwithstanding any other provision of law, during 
fiscal year 1990, the Secretary of Eiefense shall make available to the 
United States Coast Guard without reimbursement not less than 
$140,000,000 in supplies, fuel, training assistance, medical support, 
and other operational support, exclusive of administrative costs; and 
from funds made available in this Act, $160,000,000 shall be trans-
ferred to Coast Guard "Operating Expenses". 
(TRANSFER OF FUNDS) 
SEC. 9060. In addition to any other transfer authority contained in 
this Act, amounts from working capital funds shall be transferred to 
the Operation and Maintenance appropriations contained in this 
Act to be merged with and to be available for the same purposes and 
for the same time period as the appropriations to which transferred, 
&s folloMTS* 
(a) from the Navy Stock Fund, not less than $156,000,000 shall 
be transferred to Operation and Maintenance, Marine Corps; 
from the Defense Stock Fund, not less than $195,000,000, of 
which $20,000,000 shall be transferred to Operation and Mainte-
nance, Army Reserve; $30,000,000 shall be transferred to Oper-
ation and Maintenance, Navy Reserve; $30,000,000 shall be 
transferred to Operation and Maintenance, Air Force Reserve; 
$20,000,000 shall be transferred to Operation and Maintenance, 
Army J^ational Guard; $35,000,000 shall be transferred to Oper-
ation and Maintenance, Air National Guard; and $60,000,000 
shall be transferred to Operation and Maintenance, Defense 
Agencies for the Defense Logistics Agency. 
O
t
>
) from the Army Stock Fund, $114,000,000 and from the 
Army. Industrial Fund, $73,400,000 may be transferred to Oper-
ation and Maintenance, Army; from the Navy Stock Fund, 
$281,200,000 and from the Navy Industrial Fund, $400,950,000 
may be transferred to Operation and Maintenance, Navy; from 
the Marine Corps Industrial Fund, $4,000,000 may be trans-
ferred to Operation and Maintenance, Marine Corps; from the 
Air Force Stock Fund, $156,000,000 and from the Air Force 
Industrial Fund, $111,750,000 may be transferred to Operation 
and Maintenance, Air Force; and, from the Defense Industrial 
Fund, $29,900,000 may be transferred to the Defense Logistics 
Agency: Provided, That the Secretary of Defense may waive the 
transfers in subsection 0^) upon notification to the House and 
Senate Committees on Appropriations. 
SEC. 9061. The Secretary of Defense shall take such action as Carbon. 
necessary to assure that a minimum of 50 percent of the 
103 STAT. 1142 
PUBLIC LAW 101-165—NOV. 21, 1989 
Union of Soviet 
Socialist 
Republics. 
International 
agreements. 
Health and 
medical care. 
Children and 
youth. 
Health care 
facilities. 
polyacrylonitrile (PAN) carbon fiber requirement be procured from 
domestic sources by 1992: Provided, That the annual goals to achieve 
this requirement be as follows: 15 percent of the total DOD require-
ment by 1988; 15 percent of total DOD requirement by 1989; 20 
percent of the total DOD requirement by 1990; 25 percent of the 
total DOD requirement by 1991; and 50 percent of the total DOD 
requirement by 1992. 
SEC. 9062. Of the funds appropriated, reimbursable expenses in-
curred by the Department of Defense on behalf of the Soviet Union 
in monitoring United States implementation of the Treaty Between 
the United States of America and the Union of Soviet Socialist 
Republics on the Elimination of Their Intermediate-Range or 
Shorter-Range Missiles ("INF Treaty"), concluded December 8,1987, 
may be treated as orders received and obligation authority for the 
applicable appropriation, account, or fund increased accordingly. 
Likewise, any reimbursements received for such costs may be cred-
ited to the same appropriation, account, or fund to which the 
expenses were charged: Provided, That reimbursements which are 
not received within one hundred and eighty days after submission of 
an appropriate request for payment shall be subject to interest at 
the current rate established pursuant to section 2(bXlXB) of the 
Export-Import Bank Act of 1945 (59 Stat. 526). Interest shall begin to 
accrue on the one hundred and eighty first day following submission 
of an appropriate request for payment: Provided further. That funds 
appropriated in this Act may be used to reimburse United States 
military personnel for reasonable costs of subsistence, at rates to be 
determined by the Secretary of Defense, incurred while accompany-
ing Soviet Inspection Team members engaged in activities related to 
the INF Treaty: Provided further, That this provision includes only 
the in-country period (referred to in the INF Treaty) and is effective 
whether such duty is performed at, near, or away from an individ-
ual's permanent duty station. 
SEC. 9063. During the current fiscal year, notwithstanding any 
other provision of law, the Department of Defense shall exclude 
from diagnosis related groups regulations: (a) inpatient hospital 
services in a hospital whose patients are predominantly under 18 
years of age and (b) such services in any hospital with respect to (1) 
discharges involving newborns and infants who are less than 29 
days old upon admission (other than discharges classified to diag-
nosis related group 391), (2) discharges involving pediatric bone 
marrow transplants, (3) discharges involving children who have 
been determined to be HIV seropositive, and (4) discharges involving 
pediatric cystic fibrosis. The Department of Diefense may include the 
hospital and neonatal services identified in subsections (a) and (b) in 
diagnosis related group regulations during fiscal year 1990 when the 
Department of Defense has adopted special measures to assure 
equitable and adequate paynaent for such services, such special 
measures including: (1) a "children's hospital differential" adjust-
ment for each discharge of a CHAMPUS patient from a children s 
hospital that will assure that had the regulations been in effect for 
fiscal year 1988 they would have resulted in estimated aggregate 
CHAMPUS payments to children's hospitals not less than estimated 
aggregate CHAMPUS payments to such hospitals for discharges 
occurring during that fiscal year under the regulations in effect 
during fiscal year 1988 (recognizing that payments in subsequent 
years will vary based on volume, case mix intensity, and other 
factors); for a transitional period of three years the children's 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1143 
hospital differential will be computed on a hospital specific basis for 
children's hospitals with 50 or more CHAMPUS discharges in fiscal 
year 1988 and will be computed in aggregate for children's hospitals 
with less than 50 discharges in a year; (2) a children's hospital 
differential hold harmless provision, providing for retrospective and 
prospective corrections; (3) a special outlier policy for children's 
hospitals and neonatal services that combines the thresholds in 
effect under CHAMPUS DRG regulations for fiscal year 1988 with 
the higher marginal cost factors proposed by 53 Fed. Reg. 20580 
(June 3, 1988); (4) a refinement to the DRGs for neonatal services to 
account for birthweight, surgery, and the presence of multiple, 
major, and other neonatal problems; (5) incorporation of annual 
updates to the classification features included in the regulation for 
neonatal services; (6) a provision for making interim pajnnents for 
cases that are especially lengthy or expensive; and (7) a commitment 
to examine possible further uses of Pediatric Modified DRGs in the 
future: Provided, That the Department of Defense shall ensure that 
beneficiaries not be required to pay more in cost-shares under the 
foregoing exclusions than those which would have been imposed if 
the diagnosis related group system had not been instituted: Provided 
further. That notwithstanding any other provision of law, appropria-
tions available to the Department of Defense may be used to pay the 
difference between the cost-shares paid by beneficiaries under the 
foregoing and the billed charges for services covered by this 
provision. 
SEC. 9064. The total amount appropriated to or for the use of the 
Department of Defense by this Act is reduced by $125,000,000 to 
reflect savings resulting from the decreased use of consulting serv-
ices by the Department of Defense. The Secretary of Defense shall 
allocate the amount reduced in the preceding sentence and not later 
than March 1, 1990, report to the Senate and House Committees 
on Appropriations how this reduction was allocated among the 
Services and Defense Agencies: Provided, That, (a) Not more than 
$1,539,000,000 of the funds appropriated by this Act may be obli-
gated or expended for the procurement of advisory or assistance 
services by the Department of Defense. 
Ot)Xl) Not later than 30 days after the end of each fiscal quarter, Reports, 
the Secretary of Defense shall (A) submit to Congress a report on the 
amounts obligated by the department during that quarter for the 
procurement of advisory and assistance services, and (B) transmit a 
copy of such report to the Comptroller General of the United States. 
(2) Each report submitted under paragraph (1) shall include a list 
with the following information: 
(A) All contracts awarded for the procurement of advisory 
and assistance services during the quarter and the amount of 
each contract. 
(B) The purpose of each contract. 
(c) The Comptroller General of the United States shall review the 
reports submitted under subsection Oa) and transmit to Congress any 
comments and recommendations the Comptroller General considers 
appropriate regarding the matter contained in such reports. 
SEC. 9065. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an 
annual meeting in the United States, under such regulations as the 
Secretary of Defense may prescribe. 
Reports. 
Vietnam. 
Prisoners of 
war. 
Missing in 
action. 
103 STAT. 1144 
PUBLIC LAW 101-165—NOV. 21, 1989 
Hazardous 
materisils. 
California. 
Contracts. 
National parks, 
monuments, etc. 
Reports. 
SEC. 9066. (a) Within the funds made available to the Air Force 
under title II of this Act, the Air Force shall use such funds as 
necessary, but not to exceed $14,700,000, to execute the cleanup of 
uncontrolled hazardous waste contamination in accordance with the 
Record of Decision on Landfill No. 26 at Hamilton Air Force Base, in 
Novato, in the State of California: Provided, That no funds shall be 
used for such purpose until the Secretary of Defense, the Adminis-
trator of General Services, and the purchaser of the Sale Parcel 
reach an agreement resolving all disputes relating to the with-
draw£d of Landfill No. 26 and buffer acreage from the original Sale 
Parcel, except that funds may be expended on any and all pre-
construction or related activities and may be expended to the extent 
required under Federal or State law. 
(b) Notwithstanding any other provision of law, the Department of 
Defense and the General Services Administration shall enter into 
an agreement with the purchaser of the aforementioned Sale Parcel 
which shall provide that: 
(1) the United States Government will retain and develop the 
site plus a suitable buffer area £is an accessible open space park; 
(2) the original purchase price of the parcel shall be reduced 
by an amount which shall be agreed to by the aforementioned 
parties; and 
(3) the purchaser shall be granted the right to withdraw from 
the sales contract at any time prior to the closing of the sale and 
receive its deposit and any pre-development expenses as docu-
mented by the General Accounting Office incurred since the 
date of the General Services Administration auction, plus ac-
crued interest, in return for the release from any and all 
damages and claims against the United States Government 
with respect to the site and contamination. 
(c) In the event that the purchaser of the Sale Parcel exercises its 
option to withdraw from the sale as provided in subsection (bX3) of 
this section, the purchasers' deposit of $4,500,000 shall be returned 
by the General Services Administration and any funds eligible for 
reimbursement under subsection 0>X3) shall come from the funds 
made available to the Department of Defense by this Act. 
(d) Notwithstanding any other provision of law, the account from 
which funds are used to carry out subsection (a) of this section, shall 
be reimbursed for up to $7,700,000 from the proceeds collected upon 
the closing of the aforementioned Sale Parcel. 
SEC. 9067. None of the funds in this Act may be obligated or 
expended to conduct an Environmental Impact Study on the fea-
sibility of purchasing acreage in Georgia for the proposed Southeast 
Weapons Range. 
SEC. 9068. None of the funds available to the Department of 
Defense or Navy shall be obligated or expended to (1) establish or 
operate Training and Administration of Reserves (TAR) enlisted 
detailing or any enlisted placement functions or billets at the Chief 
of Naval Personnel and the Naval Military Personnel Center head-
quarters, or (2) transfer any Naval TAR, seaman, fireman, and 
airman detailing functions and billets or reduce civilian and mili-
tary personnel end strengths from the Naval Reserve Personnel 
Center and the Enlisted Personnel Management Center until sixty 
days after the Secretary of Defense submits a report, including 
complete review comments by the General Accounting Office, to the 
Committees on Appropriations of the House and Senate justifying 
any transfers, operations, or reductions in terms of (1) addressing 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1145 
the overall mission and operations staffing of all detailing and 
placement functions for active and reserve personnel functions and 
commands; and (2) certifying that such realignments do not dupli-
cate functions presently conducted; are cost-effective from a budg-
etary standpoint; will not adversely affect the mission, readiness 
and strategic considerations of the Navy and the Navy Reserve; and 
will not adversely impact on the quality of life and economic bene-
fits of the individual serviceman. 
SEC. 9069. None of the funds appropriated in this Act may be 
available for offshore procurement of second or third generation 
night vision image intensifier tubes and devices: Provided, That 
when adequate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis, the Secretary of the 
service responsible for the procurement may waive this restriction 
on a case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes. 
SEC. 9070. (a) Congress makes the following findings— 
(1) The United States Government relies on satellites for 
communications, early warning of attack, monitoring compli-
ance with arms control agreements, and many other vital na-
tional security functions; 
(2) Such satellites constitute vital integral parts of many 
United States weapons systems, command, control and commu-
nications systems, and other military systems; 
(3) It is essential to the national security of the United States 
that United States Government satellites not be vulnerable to 
anti-satellite attacks; 
(4) It is in the national security interests of the United States 
and its allies to deter the development and testing of anti-
satellite weapons by the Soviet Union; 
(5) It is in the national security interests of the United States 
to undertake a balanced response to Soviet anti-satellite 
capabilities, which includes a measured ASAT program; 
(6) Key agencies of the Executive Branch are examining 
options for specific anti-satellite arms control measures; There-
fore: 
(bXD The Executive Branch should conclude its examination of 
specific anti-satellite arms control options and rules of the road for 
space activities without delay, and include its recommendations and 
conclusions from this examination in the report to Congress already 
required by the Conference Report on the Fiscal Year 1989 Dire 
Emergency Supplemental Appropriations Act; 
(2) The President shall—with a view toward considering how to 
improve United States ASAT arms control monitoring capabilities— 
assess the national security implications for the United States of a 
mutual deployment of cooperative monitoring and verification tech-
nologies; the results of such assessment shall be included in the 
above-mentioned report; 
(3) As soon as practicable, the President should take advantage of 
the forum provided by the ongoing Defense and Space Talks with 
the Soviet Union to explore—consistent with the conclusions of the 
above-mentioned report—adequately verifiable limitations on the 
development, testing, production, and deployment of weapons ca-
pable of directly threatening United States military satellites. 
SEC. 9071. None of the funds available to the Department of 
Defense, including expired appropriations and M account balances, 
Reports. 
Space. 
President of U.S. 
103 STAT. 1146 
PUBLIC LAW 101-165—NOV. 21, 1989 
may be used for the B-lB's ALQ-161A CORE program unless the 
Secretary of Defense has notified the Congress in advance of his 
intention to use funds for such purpose: Frovided, That no funds 
available to the Department of Defense may be used for research, 
_^ 
development, test, evaluation, installation, integration, or procure-
ment of an advanced radar warning receiver for the B-IB. 
SEC. 9072. The appropriation "Research, Development, Test and 
Evaluation, Army" contained in the Department of Defense Appro-
102 Stat. 
priations Act, 1989 (Public Law 100-463) is amended by striking out 
2270-12. 
the proviso following "intercommunications system:" and ending 
with "support vehicles:". 
SEC. 9073. None of the funds in this Act may be available for the 
procurement of Multibeam Sonar Mapping Systems which are not 
manufactured in the United States: Provided, That when adequate 
domestic supplies are not available to meet Department of Defense 
requirements on a timely basis, the Secretary of the service respon-
sible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions that such an acquisition must be made in order to acquire 
capability for national security purposes. 
SEC. 9074. The $100,000,000 provided for Shipbuilding and Conver-
sion, Navy under the appropriation "Special Operations Forces 
Fund" contained in the Department of Defense Appropriations Act, 
1989 (Public Law 100-463) shall remain available for obligation until 
September 30,1990. 
Animals. 
SEC. 9075. Effective for only fiscal year 1990, whenever the Sec-
^^i^lHf,o+;^« 
retary of the Army captures and removes wild horses and burros 
"" "" ° '"' 
from White Sands Missile Range, the Secretary may transfer such 
horses and burros to the Secretary of the Interior as excess animals. 
Upon receipt of any horse or burro pursuant to this section, the 
Secretary of the Interior shall treat such animals as excess animals 
removed under section 3(bX2) of the Wild Free-Roaming Horses and 
Burros Act (16 U.S.C. 1333(bX2)): Provided, That the cost of process-
ing such animals incurred by the Department of the Interior shall 
be reimbursed by the Secretary of the Army, not to exceed $200,000. 
SEC. 9076. No funds appropriated by this Act may be obligated or 
expended to prepare, or to sissist any contractor of the Department 
of Defense in preparing, any material, report, list, or analysis with 
respect to the actual or projected economic or employment impact in 
a particular State or congressional district of an acquisition program 
for which all research, development, testing and evaluation has not 
been completed. 
SEC. 9077. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified and 
confirmed if otherwise in accordance with the provisions of this Act. 
SEC. 9078. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines: 
(a) as a result of thorough technical evaluation, only one 
source, is found fully qualified to perform the proposed work, or 
(b) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source, or 
Conservation. 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1147 
10 u s e 2241 
note. 
10 u s e 2401 
note. 
(c) where the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
"'} concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Provided, That this limitation shall not apply to contracts in an 
eontracts. 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 9079. None of the funds appropriated by this Act or hereafter 
shall be obligated for the second career training program authorized 
by Public Law 96-347. 
SEC. 9080. None of the funds appropriated or otherwise made 
available in this Act shall be obligated or expended for salaries or 
expenses during the current fiscal year for the purposes of demili-
tarization of surplus nonautomatic firearms less than .50 caliber. 
SEC. 9081. No funds available to the Department of Defense 
during the current fiscal year and hereafter may be used to enter 
into any contract with a term of eighteen months or more or to 
extend or renew any contract for a term of eighteen months or 
more, for any vessel, aircraft or vehicles, through a lease, charter, or 
similar agreement without previously having been submitted to the 
Committees on Appropriations of the House of Representatives and 
the Senate in the budgetary process: Provided, That any contractual 
agreement which imposes an estimated termination 
liability 
(excluding the estimated value of the leased item at the time of 
termination) on the Government exceeding 50 per centum of the 
original purchase value of the vessel, aircraft, or vehicle must have 
specific authority in an appropriation Act for the obligation of 10 
per centum of such termination liability. 
SEC. 9082, Of the funds made available to the Department of the 
Air Force in this Act, not less than $6,700,000 shall be available for 
the Civil Air Patrol. 
SEC. 9083. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 
50 percent of an amount paid to any person under section 308 of title 
37, United States Code, in a lump sum. 
SEC. 9084. Notwithstanding any other provision of law, funds 
available in this Act shall be available to the Department of Defense 
to grant civilian employees participating in productivity-based 
incentive award programs paid administrative time off in lieu of 
cash payment as compensation for increased productivity. 
SEC. 9085. None of the funds appropriated by this Act may be used 
by the Department of Defense to assign a supervisor's title or grade 
when the number of people he or she supervises is considered as a 
basis for this determination: Provided, That savings that result from 
this provision are represented as such in future budget proposals. 
SEC. 9086. From the amounts appropriated in this Act, funds shall 
be available for Naval Aviation Depots to perform manufacturing in 
order to compete for production contracts of Defense articles: Pro- 
eontracts. 
vided, That the Navy shall certify that successful bids between 
Business and 
Naval Aviation Depots and private companies for such production 
industry. 
contracts include comparable estimates of all direct and indirect 
costs: Provided further. That competitions conducted under this 
authority shall not be subject to section 2461 or 2464 of title 10, 
eontracts. 
Maritime 
affairs. 
Aircraft and air 
carriers. 
Motor vehicles. 
Wages. 
Government 
organization and 
employees. 
103 STAT. 1148 
PUBLIC LAW 101-165—NOV. 21, 1989 
50 u s e app. 
2410a note. 
Health care 
professionals. 
Disadvantaged 
persons. 
Contracts. 
State and local 
governments. 
Employment 
and 
unemployment. 
United States Code, or to Office of Management and Budget Circular 
A-76. 
SEC. 9087. (a) PROHIBITION.—During the period beginning on the 
date of the enactment of this Act and through December 28,1991, no 
product manufactured or assembled by Toshiba America, Incorpora-
tion, or Toshiba Corporation (or any of its affiliates or subsidiaries) 
may be purchased by the Department of Defense for the purpose oif 
resale of such product in a military exchange store or in any other 
morale, welfare, recreation, or resale activity operated by the 
Department of Defense (either directly or by concessionaire). 
(b) EXCEPTION.—The prohibition in subsection (a) shall not apply 
to microwave ovens manufactured or assembled in the United 
States. 
SEC. 9088. Of the funds made available in this Act for military 
personnel appropriations, $3,000,000 shall be available for the pay-
ment of bonuses to officers of the Army Nurse Corps, the Navy 
Nurse Corps and officers designated as Air Force nurses. A bonus, in 
an amount not to exceed $6,000, may be paid, under such regula-
tions and conditions as the Secretary of Defense deems appropriate, 
to such an officer: Provided, That the officer is on active duty under 
a call or order to active duty for a period of not less than one year: 
Provided further. That the officer is qualified and performing as an 
anesthetist: And provided further. That this provision shall not be 
effective unless specifically authorized. 
SEC. 9089. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the fifty United States and the District of 
(Dolumbia, 182,011 civilian workyears: Provided, That workyears 
shall be applied as defined in the Federal Personnel Manual Supple-
ment 298-2, Book IV: Provided further. That workyears expended in 
dependent student hiring programs for disadvantaged youth shall 
not be included in this workyear limitation. 
SEC. 9090. None of the funds appropriated by this or any other Act 
with respect to any fiscal year for the Navy may be used to carry out 
an electromagnetic pulse program in the Chesapeake Bay area in 
connection with the Electromagnetic Pulse Radiation Environment 
Simulator for Ships (EMPRESS II) program unless or until the 
Secretary of Defense certifies to the Congress that conduct of the 
EMPRESS II program is essential to the national security of the 
United States and to achieving requisite military capability for 
United States naval vessels, and that the economic, environmental, 
and social costs to the United States of conducting the EMPRESS II 
program in the Chesapeake Bay area are far less than the economic, 
environmental, and social costs caused by conducting the EMPRESS 
II program elsewhere. 
SEC. 9091. Notwithstanding any other provision of law, each con-
tract awarded by the Department of Defense in fiscal year 1990 for 
construction or service performed in whole or in part in a State 
which is not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unemployment as 
determined by the Secretary of Labor shall include a provision 
requiring the contractor to employ, for the purpose of performing 
that portion of the contract in such State that is not contiguous with 
another State, individuals who are residents of such State and who, 
in the case of any craft or trade, possess or would be able to acquire 
promptly the necessary skills: Provided, That the Secretary of De-
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1149 
fense may waive the requirements of this section in the interest of 
national security. 
SEC. 9092. No more than $178,419,000 of the funds appropriated by 
this Act shall be available for the pa3mient of unemployment com-
pensation benefits. 
SEC. 9093. None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated fund activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States, unless such malt beverages and wine are procured in that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
instedlation is located: Provided further. That such local procure-
ment requirements for malt bevereiges and wine shall apply to all 
alcoholic beverages for military installations in States which are not 
contiguous with another State: Provided further. That alcoholic 
beverages other than wine and malt beverages in contiguous States 
and the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
10 u s e 2488 
note. 
Alcohol and 
alcoholic 
beverages. 
State and local 
governments. 
(TRANSFER OF FUNDS) 
SEC. 9094. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfer of funds: Provided, That the 
amounts transferred shall be available for the same purposes as the 
appropriations to which transferred, but shall be available only for 
the time period of the appropriation from which transferred: Pro-
vided further. That funds shall be transferred between the following 
appropriations in the amounts specified: 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1986/90": T-AGOS SURTASS ship program, $3,600,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1987/91": 
CG-47 cruiser program, $147,100,000; 
T-AGOS SURTASS ship program, $8,500,000; 
Outfitting program, $14,900,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1985/89": T-AO fleet oiler program, $72,000,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1986/90": 
MCM 
mine 
countermeasures 
ship 
program, 
$5,800,000; 
T-AO fleet oiler program, $11,100,000; 
Under the heading. Shipbuilding and Conversion, Navy, 
1987/91": 
AOE fast combat support ship program, $51,900,000; 
T-AO fleet oiler program, $6,300,000; and 
Under the heading, "Shipbuilding and Conversion, Navy, 
1989/93": T-AGOS SURTASS ship program, $27,000,000. 
SEC. 9095. The total amount appropriated to or for the use of the 
Department of Defense by this Act is reduced by $37,000,000. The 
Secretary of Defense shall allocate the amount of the reduction 
Aircraft and air 
carriers. 
Government 
organization and 
employees. 
Contracts. 
103 STAT. 1150 
PUBLIC LAW 101-165—NOV. 21, 1989 
Fellowships and 
scholarships. 
22 u s e 2770. 
Aircraft and air 
carriers. 
Motor vehicles. 
Maritime 
affairs. 
Business and 
industry. 
made by the preceding sentence in the procurement and research, 
development, test and evaluation accounts of the Army, Navy, Air 
Force, Marine Corps, and Defense Agencies as the Secretary deter-
mines appropriate to reflect savings resulting from increased use of 
discount air fares that (1) are granted by commercial air carriers for 
travel of Federal Government employees on official Government 
business under agreements entered into between the Administrator 
of General Services and such carriers, and (2) are available to 
contractor personnel traveling in connection with the perfor-
mance of cost-reimbursable contracts awarded by the Department of 
Defense. 
SEC. 9096. (a) Of the amounts available to the Department of 
Defense for fiscal year 1990, not less than $10,500,000 shall be 
available for National Defense Science and Engineering Graduate 
Fellowships to be awarded on a competitive basis by the Secretary of 
Defense to United States citizens or nationals pursuing advanced 
degrees in fields of primary concern and interest to the Department. 
OJ) Fellowships awarded pursuant to subsection (a) above shall not 
be restricted on the basis of the ge<^raphical locations in the United 
States of the institutions at which the recipients are pursuing the 
aforementioned advanced degrees. 
(c) Not less than 50 per centum of the funds necessary to carry out 
this section shall be derived from the amounts available for the 
University Research Initiatives Program in "Research, Develop-
ment, Test and Evaluation, Defense Agencies", and the balance 
necessary shall be derived from amounts available for Defense 
Research Sciences under title IV of this Act. 
SEC. 9097. Section 30(a) of chapter 2B of the Arms Export Control 
Act, Public Law 97-392, is amended by inserting "either (i)" imme-
diately after the phrase "such a company" in the first sentence 
thereof and by adding immediately before the period at the end of 
that sentence "or (ii) in the case of ammunition parts subject to 
subsection 0>) of this section, using commercial practices which 
restrict actual delivery directly to a friendly foreign country or 
international organization pursuant to approval under section 38 of 
this Act". 
SEC. 9098. Notwithstanding any other provision of law, during the 
current fiscal year, the Secretary of Defense may acquire the depot 
maintenance and repair of aircraft, vehicles, vessels and compo-
nents, through competition between Department of Defense depot 
maintenance activities and private firms: Provided, That the Sec-
retary shall certify that successful bids include comparable esti-
mates of aU direct and indirect costs for both public and private 
bids. 
SEC. 9099. Of the funds appropriated by this Act, no more than 
$2,500,000 shall be available for the health care demonstration 
project regarding chiropractic care required by section 632(b) of the 
Department of Defense Authorization Act, 1985, Public Law 98-525. 
SEC. 9100. None of the funds appropriated by this Act-may be used 
to pay health care providers under the Civilian Health and Medical 
Program of the Uniformed Services (CHAMPUS) for services deter-
mined imder the CHAMPUS Peer Review Organization (PRO) 
Pr<^ram to be not medically or psychologically necessary. The 
Secretary of Defense may by regulation adopt any quality and 
utilization review requirements and procedures in effect for the 
Peer Review Organization Program under title XVIII of the Social 
Security Act (Medicare) that the Secretory determines necessary. 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1151 
and may adapt the Medicare requirements and procedures to the 
circumstances of the CHAMPUS PRO Program as the Secretary 
determines appropriate. 
SEC. 9101. For the purpose of conducting a demonstration project, 
to test methods of increasing collections from third-party payers of 
reasonable inpatient hospital care costs incurred on behalf of retir-
ees and dependents pursuant to section 1095 of title 10, United 
States Code, the Secretary of Defense is authorized to modify exist-
ing Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) regional fiscal intermediary contracts to assist in the 
administration of activities in connection with such collections: 
Provided, That amounts collected under this section from a third-
party payer for the costs of inpatient hospital care provided at a 
facility of the uniformed services shall be credited to the appropria-
tion supporting the maintenance and operation of the facility. 
SEC. 9102. USE OF ACCOUNTS FOR SALES OF PROPERTIES BY AGEN-
CIES.—(a) AVAILABILITY OF AMOUNTS IN ACCOUNTS.— 
(1) IN GENERAL.—Notwithstanding any other law, in addition 
to the purposes for which they are now available, amounts in 
the accounts described in paragraph (2) shall, after Decem-
ber 22, 1987, be available for use in any fiscal year for all 
purposes (including use for purchase) involving any public sale 
of property by an agency of the United States. In conducting 
any such sale, such an agency shall accept, in the same manner 
as cash, any amount tendered from such an account, and the 
balance of the account shall be adjusted by the Secretary of the 
Treasury or the Administrator of General Services, £is ap-
plicable, to reflect that transaction. 
(2) ACCOUNTS 
DESCRIBED.—The accounts referred 
to in 
subparagraph (B) are— 
(A) the account in the Treasury established by the Sec-
retary of the Treasury pursuant to section 12(b) of Public 
Law 94-204 (43 U.S.C. 1611 note), referred to in that section 
as the "Cook Inlet Region, Incorporated property account"; 
and 
(B) the surplus property account established by the 
Administrator of General Services pursuant to section 317 
of Public Law 98-146 (16 U.S.C. 396f). 
Qa) TREATMENT OF AMOUNT RECEIVED BY AGENCIES FROM AC-
COUNTS.—In any case in which an agency of the United States that 
conducts a public sale of property is authorized by law to use the 
proceeds of such sale for a specific purpose, the Secretary of the 
Treasury shall, without restriction, treat as cash receipts any 
amount which is— 
(1) tendered from an account described in subsection (bX2); 
(2) received by the agency as proceeds of such a sale; and 
(3) used by the agency for that specific purpose. 
(c) AVAILABILITY OF FUNDS.—The Secretary of the Treasury shall 
hereafter use funds in the Treasury not otherwise appropriated to 
make any cash transfer that is necessary under subsection (b) to 
allow an agency to use the proceeds of a public sale of property. 
(d) 
AGENCY 
DEFINED.—In this section the term 
agency" 
includes— 
(1) any instrumentality of the United States; and 
(2) any element of an agency. 
SEC. 9103. Of the funds made available by this Act in title III, 
Procurement, $8,000,000, drawn pro rata from each appropriations 
Health and 
medical care. 
Health care 
facilities. 
Uniformed 
services. 
Contracts. 
16 u s e 396f 
note. 
Indians. 
103 STAT. 1152 
PUBLIC LAW 101-165—NOV. 21, 1989 
Contracts. 
Regulations. 
22 use 23211. 
22 use 2792. 
22 use 2392. 
22 u s e 2761. 
Post, p. 1599. 
Research and 
development. 
account in title in, shall be available for incentive payments au-
thorized by section 504 of the Indian Financing Act of 1974, 25 
U.S.C. § 1544. These payments shall be available only to contractors 
which have submitted subcontracting plans pursuant to 15 U.S.C. 
§ 637(dX4XB), and according to regulations which shall be promul-
gated by the Secretary of Defense within 90 days of the passage of 
this Act. 
SEC. 9104. (a) Section 515(d) of the Foreign Assistance Act of 1961 
is amended by striking out "October 1, 1982" and inserting in lieu 
thereof "October 1, 1989" and by striking out "including" and 
inserting in lieu thereof "excluding'. 
0)X1) Section 430t)) of the Anns Control Act is amended by 
striking out "and" at the end of paragraph (1), by striking out the 
period at the end of paragraph (2) and inserting "; and" in lieu 
thereof, and by adding the following paragraph at the end of the 
subsection: 
"(3) such expenses are neither salaries of the Armed Forces of 
the United States nor represent unfunded estimated costs of 
civilian retirement and other benefits.". 
(2) Section 632(d) of the Foreign Assistance Act of 1961 is amended 
by adding at the end of the second sentence thereof "(other than 
salaries of the Armed Forces of the United States and unfunded 
estimated costs of civilian retirement and other benefits)". 
(c) Section 21(e) of the Arms Export Control Act is amended— 
(1) by inserting immediately before the semicolon at the end 
of paragraph (IXA) "as specified in section 43(b) and section 
43(c) of this Act"; 
(2) by inserting immediately before the semicolon at the end 
of paragraph (IXO "(except for equipment wholly paid for 
either from funds transferred under section 503(aX3) of the 
Foreign Assistance Act of 1961 or from funds made available on 
a nonrepayable basis imder section 23 of this Act)"; 
(3) by repealing paragraph (1)(B) and relettering paragraphs 
(IXQ and (1)(D) as paragraphs (1)(B) and (IXC), respectively; and 
(4) by striking out "paragraphs (1)(B) and (IXC)" in subsection 
(eX2) and inserting in lieu thereof "paragraph (1)(B)". 
(d) Section 1606 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 is amended— 
(1) by striking out "One-Year" in the heading of the section 
and inserting in lieu thereof "Three-Month"; 
(2) by striUng out "One-Year" in subsection (a) and inserting 
in lieu thereof "Three-Month"; 
(3) by striking out "October 1, 1990" in subsection (a) and 
inserting in lieu thereof "January 1,1990"; and 
(4) by striking out "fiscal year 1990" in subsection (a) and 
inserting in lieu thereof "the first quarter of fiscal year 1990". 
SEC. 9105. The Secretary of the Air Force shall transfer not less 
than $5,000,000 from func^ available to the Air Force for research, 
development, test and evaluation for fiscal year 1990 to the Army 
for the sole purpose of funding highest priority security improve-
ments at the Kwajalein Test Range. The Secretary of the Army 
shall provide $2,600,000 for the same purpose from funds available 
to the Army for research, development, test and evaluation for fiscal 
year 1990. Funds made available by the Secretary of the Army for 
such purpose may not be made available from funds otherwise 
available for the United States Army Kwajalein Atoll Command. 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1153 
SEC. 9106. From any appropriations in this Act, $1,000,000 shall be 
made available for maintenance and repair of equipment and facili-
ties and for tooling at the government owned William Langer Jewel 
Bearing Plant. 
(TRANSFER OF FUNDS) 
SEC. 9107. Funds available to the Department of Defense during 
the current fiscal year may be transferred to applicable appropria-
tions or otherwise made available for obligation by the Secretary of 
Defense to repair or replace real property, facilities, equipment, and 
other Department of Defense assets damaged by hurricane Hugo in 
September 1989: Provided, That funds transferred shall be available 
for the same purpose and the same time period as the appropria-
tions to which transferred: Provided further. That the Secretary 
shall notify the Congress promptly of all transfers made pursuant to 
this authority and that such transfer authority shall be in addition 
to that provided elsewhere in this Act. 
(TRANSFER OF FUNDS) 
SEC. 9108. Up to $20,000,000 of funds available to the Department 
of Defense in fiscal year 1990 may be transferred to, and consoli-
dated with, funds made available to carry out the provisions of 
section 23 of the Arms Export Control Act and may be used for any 
of the purposes for which such funds may be used, notwithstanding 
section 10 of Public Law 91-672 or any other provision of law: 
Provided, That funds transferred pursuant to this section shall be 
made available only for Jordan to maintain previously purchased 
United States-origin defense articles: Provided further, That funds 
transferred pursuant to this section shall be available to Jordan on a 
grant basis notwithstanding any requirement for repayment: Pro-
vided further. That for purposes of section 10 of Public Law 91-672, 
funds so transferred shall be deemed to be authorized to be appro-
priated for the account into which they are transferred: Provided 
further. That the Speaker of the House of Representatives and the 
President of the Senate and the Committee on Foreign Affairs of the 
House of Representatives, the Committee on Foreign Affairs of the 
House of Representatives, the Committee on Foreign Relations of 
the Senate, and the Committees on Appropriations and Armed 
Services of the Senate and House of Representatives shall be noti-
fied through regular reprogramming procedures prior to the trans-
fer of funds pursuant to the authority granted in this section. 
(TRANSFER OF FUNDS) 
SEC. 9109. During the current fiscal year, the Secretary of Defense 
may transfer not more than $135,000,000 of funds available to the 
Department of Defense to the appropriation "Atomic Energy De-
fense Activities", to be merged with and to be available for the same 
purposes and for the same time period as the appropriation to which 
transferred: Provided, That none of the funds to be transferred 
shall be from procurement or military construction appropriation 
accounts. 
SEC. 9110. (a) Congress makes the following findings: 
(1) The United States, as executive agent for the United 
Nations Command, plays a key role in preserving the armistice 
Disaster 
assistance. 
Jordan. 
103 STAT. 1154 
PUBLIC LAW 101-165—NOV. 21, 1989 
which has maintained peace on the Korean peninsula for 36 
years. 
(2) Partly because of the significant contribution that the 
United States has made toward preserving the peace, the 
Republic of Korea has been able to focus national efforts on 
economic and political development. 
(3) The United States remains committed to the security and 
territorial integrity of the Republic of Korea under the terms of 
the Mutual Defense Treaty of 1954. 
(b) It is the sense of Congress that— 
(1) until North Korea abandons its desire to reunite the 
Korean peninsula by force and ceases to seek modem weapon 
systems from foreign powers, the threat to the Republic of 
Korea will remain clear and present and the United States 
milit£iry presence in the Republic of Korea will continue to be 
vital to the deterrence of North Korean aggression toward the 
Republic of Korea; 
(2) although a United States military presence is essential 
until the Republic of Korea has achieved a balance of military 
power with the Democratic Peoples Republic of Korea, the 
J . United States should reassess the force structure require! for 
the security of the Republic of Korea and the protection of the 
United States interests in northeast Asia; 
(3) the United States should not remove any armed forces 
from the Korean peninsula until a thorough study has been 
made of the present and projected roles, missions, and force 
levels of the United States forces in the Republic of Korea; and 
President of U.S. 
(4) before April 1, 1990, the President should submit to Con-
Reports, 
gress a report that contains a detailed assessment of the need 
Korea. 
f^^ ^^ United States military presence in the Republic of Korea, 
including— 
(A) an assessment of (i) the current imbalance between 
the armed forces of the Republic of Korea and the armed 
forces of the Democratic Peoples Republic of Korea, and (ii) 
the efforts by the Republic of Korea to eliminate the cur-
rent adverse imbalance; 
(B) the means by which the Republic of Korea can in-
crease its contributions to its own defense and permit the 
United States to assiune a supporting role in the defense of 
the Republic of Korea; 
(C) the wajrs in which the roles and missions of the 
United States forces in Korea are likely to be revised in 
order to reflect the anticipated increases in the national 
defense contributions of the Republic of Korea and to effec-
tuate an equal partnership between the United States and 
the Republic of Korea in the common defense of the Repub-
y 
' 
lie of Korea; 
(D) an assessment of the actions taken by the Republic of 
Korea in conjunction with the United States to reduce the 
cost of stationing United States military forces in the 
Republic of Korea; 
(E) an assessment of the willingness of the South Korean 
people to sustain and support a continued United States 
military (M-esence on the Korean peninsula; and 
(F) a discussion of the plans for a long-term United States 
. . \- 
militsiry presence throughout the Pacific region, the antici-
',,:;;': pated national security threats in that region, the roles and 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1155 
missions of the Armed Forces of the United States for the 
protection of the national security interests of the United 
States in that r ^ o n , the force structure necessary for the 
Armed Forces to perform those roles and missions, and any 
force restructuring that could result in a reduction in the 
cost of performing such roles and missions effectively. 
SEC. 9111. PARTNERSHIPS WITH SCHOOLS.—(a) DEFINITIONS.—For 
the purposes of this section— 
(1) The term "school volunteer" means a person, beyond the 
age of compulsory schooling, working without financial remu-
neration under the direction of professional staff within a school 
or school district. 
(2) The term "partnership program" means a cooperative 
effort between the military and an educational institution to 
enhance the education of students. 
(3) The term "elementary school" has the same meaning 
given that term in section 1471(8) of the Elementary and 
Secondary Education Act of 1965 and does not exclude military 
schools. 
(4) The term "secondary school" has the same meaning given 
that term in section 1471(21) of the Elementary and Secondary 
Education Act of 1965 and does not exclude military schools. 
(5) The term "Secretary** means the Secretary of Defense, 
(b) The Secretary shall design a comprehensive strategy to involve 
civilian and military employees of the Department of Defense in 
partnership programs with elementary schools and secondary 
schools civilian and military. This strat^y shall include: 
(1) A review of existing programs to identify and expand 
opportunities for such employees to be school volunteers. 
(2) The designation of a senior official in each branch of the 
Armed Services who will be responsible for establishing school 
volunteer and partnership programs in each branch of the 
Armed Services and for developing school volunteer and part-
nership programs. 
(3) "nie encouragement of civilian and military employees of 
the Department of Defense to participate in school volunteer 
and partnership programs. 
SEC. 9112. The Secretary of the Army shall execute such docu- New Jersey. 
ments and take such other action as may be necessary to release to ^^l property. 
the New Jersey Turnpike Authority, a corporate body organized 
imder the laws of the State of New Jersey, the reversionary right, 
described in subsection (b), reserved to the United States in and to 
that parcel of land conveyed by the United States to the New Jersey 
Turnpike Authority pursuant to the Act entitled "An Act to au-
thorize the conveyance of certain lands within Caven Point Termi-
nal and Ammunition Loading Pier, New Jersey, to the New Jersey 
Turnpike Authority", approved February 18, 1956 (70 Stat. 19). The 
release provided for in this section shall be made without consider-
ation by the New Jersey Turnpike Authority. 
(b) The reversionary right referred to in subsection (a) is the right 
reserved to the United States by section 6 of the Act referred to in 
subsection (a) which provides that in the event the property con-
veyed by the United States pursuant to such Act ceases to be used 
for street or road purposes and other purposes connected therewith 
or related thereto for a period of two consecutive years, the title to 
such land, including all improvements made by the New Jersey 
103 STAT. 1156 
PUBLIC LAW 101-165—NOV. 21, 1989 
Reports. 
Nevada. 
Public lands. 
Aviation. 
Wages. 
Government 
organization and 
employees. 
Effective date. 
Reports. 
Louisiana. 
Research and 
development. 
Animals. 
Turnpike Authority, shall immediately revert to the United States 
without any payment by the United States. 
SEC. 9113. (a) The Congress of the United States finds that— 
(1) Public Law 99-606 requires that a report (Special Nevada 
Report), evaluating the impact on Nevada of the cumulative 
effect of continued or renewed land and airspace withdrawals 
V 
by the military, be submitted to Congress no later than Novem-
ber 1991; 
(2) Public Law 99-606 also requires that appropriate mitiga-
tion measures be developed to offset any negative impacts 
caused by the military land and airspace withdrawal; and 
(3) the military has continued to propose additional land and 
airspace withdrawals prior to submitting the Special Nevada 
Report required under Public Law 99-606 to Congress; 
(b) Therefore, it is the sense of the Congress that, absent critical 
national security requirements, the further withdrawsd of public 
domain lands or airspace in Nevada be halted until the Special 
Nevada Report is submitted to Congress as required under Public 
Law 99-606. 
SEC. 9114. (a) Such sums as may be necessary for fiscal year 1990 
pay raises for programs funded by this Act shall be absorbed within 
the levels appropriated in this Act. 
(b) Sums appropriated in title I of this Act, Military Personnel, are 
reduced by $63,000,000, which will be realized by reducing active 
duty personnel by 5,000: Providedr That this subsection does not 
apply to the reserve components. 
(c) Sums appropriated in title II of this Act, Operation and Mainte-
nance, are reduced by $75,000,000, which will be realized by reduc-
ing civilian personnel by 2,500: Provided, That this subsection does 
not apply to the reserve components. 
SEC. 9115. Of the funds made available in this Act and in the 
Military Construction Appropriations Act, 1990 for fiscal year 1990 
for research, development, test, and evaluation of the Rail Garrison 
MX and Small ICBM systems, procurement of Mark 21 reentry 
systems, advance procurement of Rail Garrison MX components or 
materials, and construction of facilities to support the Rail Garrison 
MX system, $150,000,000 is hereby reduced as determined by the 
Secretary of Defense: Provided, That section lOl(aXl) that follows 
"1991"; 101(c); 102(aX2); 221(b); 702(a); 702(b) and 704(b) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (H.R. 1487) 
(including amendments made thereunder), and section 1204 of the 
Foreign Service Act of 1980 as amended by section 149(b) of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; 
section 505(eX3) of title V of the United States Information and 
Educational Exchange Act of 1948, as amended by section 205 of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; 
and section 404(b) of The Asia Foundation Act as amended by section 
501 of the Foreign Relations Authorization Act, Fiscal Years 1990 
and 1991; are hereby waived during fiscal years 1990 and 1991: 
Provided further, That so much of the preceding proviso as pertains 
to the Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991, shall take effect only on the date of enactment of that Act. 
SEC. 9116. None of the funds appropriated by this Act shall be 
available for payments under the Department of Defense contract 
with the Louisiana State University Medical Center involving the 
use of cats for Brain Missile Wound Research, and the Department 
of Defense shall not make payments under such contract from funds 
PUBLIC LAW 101-165—NOV. 21, 1989 
103 STAT. 1157 
obligated prior to the date of the enactment of this Act, except as 
necessary for costs incurred by the contractor prior to the enact-
ment of this Act, and until thirty legislative days after the final 
General Accounting Office report on the aforesaid contract is 
submitted for review to the Committees on Appropriations in the 
House and Senate. 
SEC. 9117. None of the funds appropriated by this Act shall be 
available for bone trauma research at Letterman Army Institute of 
Research until the Secretary of the Army has certified to the 
Committees on Appropriations of the House and Senate that this 
research has a military application, it is being conducted in accord-
ance with the standards set by an animal care and use committee, 
and the research is not duplicative of research already conducted by 
a manufacturer or any other research organization. 
SEC. 9118. (a) It is the sense of the Congress that United States 
participation in a multilateral anti-narcotics strike force, as called 
for in sections 4101 and 4103 of the Anti-Drug Abuse Act of 1988 
(Public Law 100-690), should include the full range of appropriate 
law enforcement and anti-drug abuse agencies, and that consider-
ation be given to aiding such a strike force by funding from appro-
priate sources for multilatersd intelligence-sharing, multilateral 
training of law enforcement personnel, and multilateral support for 
crop substitution, drug treatment, drug research and drug education 
programs. 
(b) Funds made available under this Act for Department of De-
fense drug interdiction activities may be expended to fund the 
participation of United States armed forces in conjunction with 
appropriate United States law enforcement and anti-drug abuse 
agencies, in accordance with other applicable laws, in such a strike 
force. 
SEC. 9119. 
STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT 
TECHNICAL AMENDMENT.—(a) IN GENERAL.—Section 739 of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C. 11449) is 
amended— 
(1) by striking subsection (b); 
(2) by striking "; Availability of Funds" in the section head-
ing; 
(3) in subsection (a) by striking "(a) AUTHORIZATION OF APPRO-
PRIATIONS.—"; 
(4) by striking "(1)" and inserting "(a) AUTHORIZATION OF 
APPROPRIATIONS.—"; 
(5) by striking "(2)" and inserting "
O
t
>
) RATABLE REDUCTION.—"; 
and 
(6) by striking "(3)" and inserting "(c) SPECIAL RULE.—". 
Animals. 
Research and 
development. 
Drugs and drug 
abuse. 
Law 
enforcement and 
crime. 
103 STAT. 1158 
PUBLIC LAW 101-165—NOV. 21, 1989 
42 use 11449 
(b) EFFECUVE DATE.—The amendments made by this section shall 
"°*® 
apply with respect to funds obligated during fiscal year 1988 and 
each fiscal year thereafter. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1990". 
. 
^••'- 
Approved November 21, 1989. 
. ; 
•ii: 
LEGISLATIVE HISTORY—H.R. 3072: 
HOUSE REPORTS: No. 101-208 (Comm. on Appropriations) and No. 101-345 (Comm. 
of Conference). 
SENATE REPORTS: No. 101-132 (Ck)mm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Aug. 4, considered and passed House. 
Sept. 21, 25-28, considered and passed Senate, amended. 
Nov. 15, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments; and disagreed to certain 
Senate amendments. 
Nov. 17, Senate agreed to conference report; receded and concurred in certain 
House amendments, in another with an amendment. 
Nov. 19, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Nov. 21, Presidential statement.