National Defense Authorization Act for Fiscal Years 1988 and 1989
PL 100-180 (H.R.1748), enacted 12/04/1987

PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1019 
Public Law 100-180 
100th Congress 
An Act 
To authorize appropriations for fiscal years 1988 and 1989 for military activities of 
the Department of Defense, for military construction, and for defense activities of 
Dec. 4, 1987 
the Department of Energy, to prescribe personnel strengths for such Hscal years for 
[H.R. 1748] 
the Armed Forces, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
National 
SECTION 1. SHORT TITLE 
Authorization 
This Act may be cited as the "National Defense Authorization Act Years^igss^and 
for Fiscal Years 1988 and 1989". 
1989. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS 
This Act is divided into three divisions as follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Other National Defense Authorizations. 
SEC. 3. ALTERNATIVE AUTHORIZATION LEVELS FOR FISCAL YEAR 1988 
(a) GENERAL EXPLANATION.—(1) This Act authorizes funds for 
national defense functions of the Government (budget function 050) 
for fiscal year 1988 based upon two alternative levels of new budget 
authority provided for those functions through congressional budget 
procedures. In section 30)X1) of the concurrent resolution on the 
budget for fiscal year 1988 (House Concurrent Resolution 93 of the 
One Hundredth Congress), Congress determined and declared that 
the appropriate level of new budget authority for national defense 
for fiscal year 1988 is $296,000,000,000. This Act authorizes funds 
based upon that determination and declaration and the assumption 
that that level of budget authority is available to be appropriated. 
(2) Section 
5(aXl) of the concurrent 
resolution 
reserved 
$7,000,000,000 of that amount for subsequent allocation upon enact-
ment of a reconciliation bill, leaving a level of $289,000,000,000 
immediately available for appropriation. This Act authorizes alter-
native levels of funds based upon that budget authority amount. 
(b) PRESENTATION OF ALTERNATIVE LEVELS.—Whenever a dollar 
amount specified in this Act is to be provided in a different amount 
based upon which level of new budget authority described in subsec-
tion (a) is applicable, two different dollar amounts are shown, the 
second being set forth in parentheses immediately after the first. 
The first amount is based upon the budget authority level of 
$296,000,000,000; the second (in parentheses) is based upon the 
budget authority level of $289,000,000,000. 
(c) RULE FOR DETERMINATION.—The dollar amounts specified in 
this Act that are to be effective are those based upon the budget 
authority level of $296,000,000,000. However, if as of the date of the 
enactment of this Act there has not been enacted a reconciliation 
bill or other legislation that results in the availability of a level of 
new budget authority for national defense fimctions of the Govern-
91-194 O - 90 - 2 : QL.3 Part 2 
101 STAT. 1020 
PUBLIC LAW 100-180—DEC. 4, 1987 
ment O^udget function 050) for fiscal year 1988 in any amount 
greater than $289,000,000,000, then until such legislation is enacted 
the dollar amounts specified in this Act that are to be effective are 
those based upon the budget authority level of $289,000,000,000. 
SEC. 4. COMPLIANCE WITH BUDGET RESOLUTION 
Amounts appropriated pursuant to authorizations of appropria-
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tions in this Act for fiscal year 1988— 
(1) may not exceed an aggregate amount of $295,943,600,000 
.J., ($288,943,600,000); and 
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(2) may not exceed such aggregate amount as results in new 
outlays during fiscal year 1988 that are attributable to 
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authorizations contained in this Act for national defense func-
-' »^.. tions of the Government 0)udget function 050) in an aggregate 
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;^. ^''* amount of $172,948,400,000 ($167,048,500,000). 
SEC. 5. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEAR 1989 
Authorizations of appropriations and of personnel strength levels 
in this Act for fiscal year 1989 are effective only with respect to 
appropriations made during the first session of the One Hundredth 
Congress. 
SEC. 6. TABLE OF CONTENTS 
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The table of contents of this Act is as follows: 
Sec. 1. Short title. 
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Sec. 2. Organization of Act into divisions. 
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Sec. 3. Alternative authorization levels for fiscal year 1988. 
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Sec. 4. Compliance with budget resolution. 
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Sec. 5. Expiration of authorizations for fiscal year 1989. 
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Sec. 6. Table of contents. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
PART A—FUNDING AUTHORIZATIONS 
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Sec. 101. Army. 
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Sec. 102. Navy and Marine Corps. 
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Sec. 103. Air Force. 
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Sec. 104. Defense agencies. 
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Sec. 105. Reserve components. 
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Sec. 106. Milestone authorizations for procurement programs. 
Sec. 107. Authorization of funds for chemical demilitarization program. 
Sec. 108. Authorized multiyear contracts. 
Sec. 109. Extension of authority provided Secretary of Defense in connection with 
the NATO AWACS program. 
PART B—PROGRAM REquiREMSNTS, RESTRICTIONS, AND LIMITATIONS 
Sec. 111. Army programs. 
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Sec. 112. Navy provisions. 
Sec. 113. Air Force provisions. 
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PART C—MISCELLANEOUS PROVISIONS 
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Sec. 121. Advanced Technology Bomber pr(^am. 
Sec. 122. Report on condition of certain C-130 aircraft. 
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Sec. 123. Bradley Fighting Vehicle. 
Sec. 124. Limitation on procurement of certain chemical weapons antidote. 
Sec. 125. Revision of chemical demilitarization program. 
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Sec. 126. Withdrawal of European chemical stockpile. 
Sec. 127. Selected Acquisition Reports for certain programs. 
Sec. 128. Report on strategic bomber force composition. 
Sec. 129. HEMTT truck program. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1021 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
PART A—AUTHORIZATIONS AND PROGRAM LIMITATIONS 
Sec. 201. Authorization of appropriations. 
Sec. 202. Limitation on funds for the Army. 
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Sec. 203. Limitation on funds for the Navy. 
Sec. 204. Limitation on funds for the Air Force. 
Sec. 205. Limitation on funds for Defense Agencies. 
Sec. 206. Funding for technology base programs for fiscal year 1988. 
Sec. 207. Funds for cooperative projects with major non-NATO allies. 
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Sec. 208. One-year United States moratorium on testing antisatellite weapons. 
PART B—PROGRAM POUCIES 
Sec. 211. Navy attack submarine program. 
Sec. 212. Advanced tactical fighter aircraft. 
Sec. 213. Electronic warfare programs. 
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Sec. 214. Ck>nventional Defense Initiative. 
Sec. 215. Balanced Technology Initiative. 
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Sec. 216. Milestone authorizations. 
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Sec. 217. Anti-tactical ballistic missile ssrstems and extended air defense. 
Sec. 218. High-temperature superconductivity program. 
Sec. 219. Training in advanced manufacturing technologies. 
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Sec. 220. Sense of Congress on strategic missile modernization programs. 
PART C—STRATEGIC DEFENSE INITIATIVE 
SUBPART 1—SDI FUNDING AND PROGRAM UMFTATIONS AND REQUIREMENTS 
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Sec. 221. Fiscal year 1988 funding level for the Strategic Defense Initiative. 
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Sec. 222. Prohibition of certain contracts with foreign entities. 
Sec. 223. Limitation on transfer of SDI technology to Soviet Union. 
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Sec. 224. SDI architecture to require human decision making. 
Sec. 225. Development and testing of anti-ballistic missile sjrstems or components. 
Sec. 226. Prohibition on deplo3rment of anti-ballistic missile system unless author-
ized by law. 
Sec. 227. Establishment of a federally funded research and development center to 
support the Strategic Defense Initiative program. 
SUBPART 2—REPORT REQUIREMENTS 
Sec. 231. Annual report on SDI programs. 
Sec. 232. Report on SDI development plans and costs. 
Sec. 233. Report on how absence of the ABM Treaty would affect strat^c offensive 
and defensive programs. 
Sec. 234. Report on allocation of FY88 funding. 
PART D—B-IB BOMBER PROGRAM 
Sec. 241. Fiscal year 1988 funding limitation. 
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Sec. 242. Defensive avionics test and evaluation prc^am. 
Sec. 243. Assessment of capabilities of B-IB to penetrate enemy air defenses. 
Sec. 244. Limitations on aircraft enhancement and modernization. 
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Sec. 245. Evaluation of flight test program. 
PART E—MISCELLANEOUS 
Sec. 251. Cooperative medical research with the Veterans' Administration. 
Sec. 252. Lincoln Laboratory improvement project. 
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Sec. 253. Evaluation of new high-speed patrol boat. 
Sec. 254. Pegasus engine. 
Sec. 255. Report on military use of NASA manned space station. 
Sec. 256. Advanced Launch System. 
Sec. 257. Space launch recovery. 
Sec. 258. Studies of nuclear warhead for Army Tactical Missile System. 
Sec. 259. Selection of heavy truck sjrstem configured with palletized loading sjrstem. 
PART F—SEMICONDUCTOR COOPERATIVE RESEARCH PROGRAM 
Sec. 271. Findings, purposes, and definitions. 
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Sec. 272. Grants to Sematech. 
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Sec. 273. Advisory council. 
Sec. 274. Responsibilities of the Comptroller General. 
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Sec. 275. Export of semiconductor manufacturing. 
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Sec. 276. Protection of information. 
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101 STAT. 1022 
PUBLIC LAW 100-180—DEC. 4, 1987 
TITLE III—OPERATION AND MAINTENANCE 
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PART A—AUTHORIZATIONS OF APPROPRIATIONS 
Sec. 301. Operation and maintenance funding. 
Sec. 802. Working capital funds. 
Sec. 303. Limitation on the use of operation and maintenance funds to purchase in-
vestment items. 
PART B—PROGRAM CHANGES, REQUIREMENTS, AND LIMITATIONS 
Sec. 311. Availability of United States products at defense package stores overseas. 
Sec. 312. Nonappropriated-fund beer and wine purchases. 
Sec. 313. Pricing at commissary stores. 
Sec. 314. Limitation on Army depot maintenance funding. 
Sec. 315. Civilian personnel management. 
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Sec. 316. Report on operating and support costs of major weapons systems. 
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Sec. 317. Report on efforts to measure readiness. 
Sec. 318. Authority to provide free shuttle service for members and families in iso-
lated areas. 
Sec. 319. Operation of United States Army School of the Americas. 
Sec. 320. Authority to repair and maintain certain memorials and historic sites on 
the Island of Corregidor. 
Sec. 321. Comptroller General study of censorship of Stars and Stripes newspaper. 
Sec. 322. Limitation on operation of existing Poseidon-class submarine USS Andrew 
Jackson. 
PART C—HUMANFFARIAN AND OTHER ASSISTANCE 
Sec. 331. Extension of authorization for humanitarian assistance. 
Sec. 332. Extension and codification of authority of Secretary of Defense to trans-
port humanitarian relief supplies to foreign countries. 
TITLE IV—PERSONNEL AUTHORIZATIONS FOR FISCAL YEARS 1988 AND 
1989 
PART A—ACTIVE FORCES 
Sec. 401. End strengths for active forces. 
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Sec. 402. Strength of active-duty officer corps. 
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Sec. 403. Reduction in authorization based on savings. 
PART B—RESERVE FORCES 
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Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. Increase in number of members in certain grades authorized to be on 
active duty in support of the Reserves. 
PART C—MILITARY TRAINING STUDENT LOADS 
Sec. 421. Authorization of training student loads. 
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PART D—APPROPRIATION LIMITATION 
Sec. 431. Limitation on appropriations for military personnel for fiscal year 1988. 
TITLE V—MILITARY PERSONNEL 
Sec. 501. Extension of authority to make temporary promotions of certain Navy 
lieutenants. 
Sec. 502. Extension of certain reserve officer management programs. 
Sec. 503. Extension of single-parent enlistment authority in reserve components. 
Sec. 504. Authority to award degree of Master of Laws in military law. 
Sec. 505. Withholding of State and local income taxes for National Guard and Re-
serve drill pay. 
Sec. 506. One-year delay in minimum percentage of Air Force enlistees required to 
be women. 
Sec. 507. Study of wartime mobilization requirements of the Coast Guard. 
Sec. 508. Wearing of religious apparel by members of the Armed Forces while in 
uniform. 
Sec. 509. Military education program for Army National Guard civilian technicians. 
Sec. 510. Removal of statutory military department ceilings on number of ROTC 
scholarships. 
Sec. 511. Limited authority to transfer among services grades above major general 
and rear admiral. 
Sec. 512. Advance in retired grade after 30 years of service for certain members. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1023 
Sec. 513. Testing for drug, chemical, and alcohol use and dependency before entry 
into the Armwi Forces. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
PART A—PAY AND AUX>WANCES 
Sec. 601. Military pay raise for fiscal year 1988. 
Sec. 602. GAO report on fairness of military housing allowances. 
PART B—TRAVEL AND TRANSPORTATION 
Sec. 611. Allowance for civilian clothing. 
Sec. 612. Reimbursement for actual lodging expenses plus per diem for members 
entitled to travel allowances. 
Sec. 613. Authorization to pay dislocation allowance in advance. 
Sec. 614. Transportation allowance to encourage voluntary extensions of tours of 
duty in foreign countries. 
Sec. 615. Transportation of family members of seriously ill or injured member. 
Sec. 616. Authority to transport vehicles leased by members of the Armed Forces. 
Sec. 617. Reimbursement for travel and transportation expenses when accompany-
ing Members of Congress. 
PART C—BONUSES AND SPECIAL AND INCENTIVE PAYS 
Sec. 621. Restructuring of career sea pay. 
Sec. 622. Special pay for aviation career officers. 
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Sec. 623. Submarine duty incentive pay. 
Sec. 624. Diving pay for members of reserve components. 
Sec. 625. Selective reenlistment bonuses. 
Sec. 626. Extension of enlistment and reenlistment bonus authorities. 
PART D—MISCELLANEOUS 
Sec. 631. Authority for certain remarried Survivor Benefit Plan particip£mts to 
withdraw from plan. 
Sec. 632. Law applicable to occupancy by Coast Guard personnel of substandard 
family housing units. 
Sec. 633. Collection of amounts owed to service relief societies from final pay of 
members. 
Sec. 634. Limitation on Reserve unit and individual training funding for fiscal year 
1988. 
Sec. 635. Expansion of military spouse emplo3mfient preference. 
Sec. 636. Reduction in age for nontermination of SBP surviving spouse annuity 
after remarriage. 
Sec. 637. Regulations regarding emplojmient and volunteer work of spouses of mili-
tary personnel. 
Sec. 638. Test program for reimbursement for adoption expenses. 
TITLE VII-HEALTH CARE PROVISIONS 
Sec. 701. Short title. 
PART A—MEDICAL READINESS 
Sec. 711. Revision of reserve forces health professions financial assistance program. 
Sec. 712. Armed Forces health professions scholarship program. 
Sec. 713. Education loan repa3mient program for health professionals who serve in 
the Selected Reserve. 
Sec. 714. Constructive service credit for officers appointed with health professions 
experience. 
Sec. 715. Standby capability for selective service registration of health care 
personnel. 
Sec. 716. Limited ceiling removal on special pay for medical officers. 
Sec. 717. Authority to retain in active status until age 67 reserve officers in medical 
specialties. 
Sec. 718. Age for initial appointment of reserve officers in critical medical 
specialties. 
Sec. 719. Authority to defer mandatory retirement for age of medical officers. 
PART B—PEACETIME HEALTH CARE 
Sec. 721. Catastrophic loss protection under CHAMPUS. 
Sec. 722. Two-year prohibition on fee for outpatient care at military medical treat-
ment facilities. 
101 STAT. 1024 
PUBLIC LAW 100-180—DEC. 4, 1987 
Sec. 723. Allocation to health professions of specified portion of Navy officer acces-
sions and growth in end strengths. 
Sec. 724. Revised deadlines for the use of diagnosis-related groups. 
Sec. 725. Federal preemption regarding contracts for medical and dental care. 
Sec. 726. CHAMPUS coverage for Sudden Infant Death Syndrome monitoring 
equipment. 
PART C—HEALTH CARE MANAGEMENT 
Sec. 731. Demonstration project on management of health care in catchment areas 
and other demonstration projects. 
Sec. 732. Additional requirements for CHAMPUS reform initiative. 
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Sec. 733. Medical information systems acquisition amendments. 
Sec. 734. GAO report on payment of certain medical expenses. 
TITLE Vm—ACQUISITION POLICY 
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PART A—AcQUismoN PROCESS 
Sec. 801. Functions of Director of Operational Test and Evaluation. 
Sec. 802. Survivability and lethality testing of major systems. 
Sec. 803. Oversight of cost or schedule variances in certain major acquisition 
programs. 
Sec. 804. Truth-in-Negotiations Act amendments. 
Sec. 805. Allowable costs not to include golden parachute payments. 
Sec. 806. Requirement for substantial progress on minority and small business con-
tract awards. 
Sec. 807. Amendments to procurement technical assistance cooperative agreement 
program. 
Sec. 808. Rights in technical data. 
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Sec. 809. Small business set-aside program amendments. 
Sec. 810. Contract terms and conditions relating to contractor costs for production 
special tooling and production special test equipment. 
Part B—OTHER AcQuismoN MATTERS 
Sec. 821. Conflict of interest in defense procurement. 
Sec. 822. Restatement and modification of restrictions on retired military officers 
regarding certain matters affecting the Government. 
Sec. 823. Restriction on purchase of foreign-made administrative motor vehicles. 
Sec. 824. Procurement of manual typewriters from Warsaw Pact countries. 
Sec. 825. Sense of Congress on preparation of certain economic impact and employ-
ment information concerning new acquisition programs. 
TITLE IX—MATTERS RELATING TO ARMS CONTROL 
Sec. 901. Missile technology control regime. 
Sec. 902. Sense of Congress on the Krasnoyarsk radar. 
Sec. 903. Report on compliance by the Soviet Union with Threshold Test Ban 
Treaty. 
Sec. 904. Congressional 
findings 
and declarations 
concerning 
arms 
control 
negotiations. 
Sec. 905. Report on military consequences of the elimination of ballistic missiles. 
Sec. 906. Report on implications of certain arms control positions. 
Sec. 907. Support for nuclear risk reduction centers. 
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TITLE X—MATTERS RELATING TO NATO COUNTRIES AND OTHER ALLIES 
PART A—NATO DETERRENCE 
Sec. 1001. Report on requirements for maintaining NATO's strategy of deterrence. 
Sec. 1002. Sense of Congress on level of United States forces permanently stationed 
in Europe in support of NATO. 
Sec. 1003. Study of future of NATO. 
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PART B—BURDEN SHARING 
Sec. 1011. Study of defense expenditures in Japan. 
Sec. 1012. Sense of Congress regarding Japan's contributions to global stability. 
PART C—PROCUREMENT MATTERS 
Sec. 1021. Overseas workload program. 
Sec. 1022. NATO cooperative project agreements. 
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Sec. 1023. Report on co-production or co-assembly of MlAl tank. 
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Sec. 1024. Weapons storage and security systems. 
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PUBLIC LAW 100-180—DEC. 4, 1987 i 
101 STAT. 1025 
TITLE XI—DEPARTMENT OF DEFENSE MANAGEMENT ' 
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PART A—CONSTRUCTION AND MAINTENANCE OF NAVAL VESSEI^ 
Sec. 1101. Clarification of limitation on contracting for short-term naval vessel 
repair work. 
Sec. 1102. Rates for progress payments on certain naval ship repeiir contracts. 
Sec. 1103. Domestic construction of certain vessels. 
Sec. 1104. Contracts for the overhaul, repair, and maintenance of naval vessels. 
PART B—CONTRACTING OUT 
Sec. 1111. Authority of base commsuiders over contracting for commercial activities. 
Sec. 1112. Prohibition on contracts for performance of security-guard functions. 
PART C—SECURITY AND COUNTERINTELUGENCE MATTERS 
Sec. 1121. Counterintelligence polygraph program. 
Sec. 1122. Assessment of Soviet electronic espionage capability from Mount Alto 
Embassy site. 
Sec. 1123. Dissemination of unclassified information concerning physical protection 
of special nuclear material. 
PART D—SPECIAL ACCESS PROGRAMS 
Sec. 1131. Sense of Congress with respect to disclosure of certain budget and sched-
ule information about specified special access programs. 
Sec. 1132. Congressional oversight of special access programs. 
Sec. 1133. Reports on criteria for designating special access prc^ams. 
TITLE XII—GENERAL PROVISIONS 
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PART A—FINANCIAL AND BUDGET MATTERS 
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Sec. 1201. Transfer authority. 
Sec. 1202. Limitation on availability of funds. 
Sec. 1203. Requirement for consistency in the budget presentations of the Depart-
ment of Defense. 
PART B—FORCE STRUCTURE AND POUCY 
Sec. 1211. Implementation of special operations forces reorganization. 
Sec. 1212. Conventional Defense Advisory Board. 
Sec. 1213. Report on competitive strategies. 
Sec. 1214. Publication of annual United States-Soviet net assessment. 
PART C—MISCELLANEOUS REPORTS 
Sec. 1221. Study of Space Operations Center, Colorado. 
Sec. 1222. Report on contingency plans to deal with disruptions in Persian Gulf 
crude oil supply. 
Sec. 1223. Study of early decommissioning of two aircraft carriers. 
PART D—TECHNICAL AND CLERICAL AMENDMENTS 
Sec. 1231. Amendments to title 10, United States Code. 
Sec. 1232. Amendments to title 37, United States Code. 
Sec. 1233. Miscellaneous amendments. 
PART E—MISCELLANEOUS MATTERS 
Sec. 1241. GAO study of the capabilities of the United States to control drug smug-
gling into the United States. 
Sec. 1242. Transfer of funds to the Coast Guard. 
Sec. 1243. Annual plan on Department of Defense assistance for civilian drug law 
enforcement. 
Sec. 1244. Provision of command and control data from Tyndall Air Force Base for 
drug interdiction assistance. 
Sec. 1245. Assistant to the Secretary of Defense for Atomic Energy. 
Sec. 1246. Oil shipments for use of military facilities overseas. 
Sec. 1247. Payment of claim. 
Sec. 1248. Procedures for forensic examination of certain physiological evidence. 
Sec. 1249. Adjudication of ineligibility for a job with the Federal Government on 
the basis of failure to register under the Military Selective Service Act. 
Sec. 1250. Transportation on Department of Defense aeromedical evacuation air-
craft of certain Veterans' Administration beneficiaries. 
101 STAT. 1026 
PUBLIC LAW 100-180—DEC. 4, 1987 
TITLE Xin—AMENDMENTS RELATED TO GOLDWATER-NICHOLS 
REORGANIZATION ACT 
PART A—JOINT OFFICER PERSONNEL POLICY 
Sec. 130L Nomination and selection of officers for the joint specialty. 
Sec. 1302. Joint duty assignment positions. 
Sec. 1303. Length of joint duty assignments. 
Sec. 1304. Notice to Congress of use of waiver authorities and exclusions with 
respect to officer management. 
Sec. 1305. Special transition rules for nuclear propulsion ofHcers. 
PART B—OTHER MATTERS 
Sec. 1311. Temporary increase in number of Assistant Secretaries of Defense. 
Sec. 1312. Reduction in personnel assigned to management headquarters activities 
and certain other activities. 
Sec. 1313. Clarification of forces not required to be assigned to combatant 
commands. 
Sec. 1314. Technical amendments. 
TITLE XIV—FOREIGN RELATIONS MATTERS 
Sec. 1401. Commendation of Armed Forces in Persian Gulf for success of certain 
operations. 
Sec. 1402. Sense of the Senate regarding justification for sinking Iranian vessels. 
Sec. 1403. United States policy toward Panama. 
Sec. 1404. Congressional statements concerning Vietnamese occupation of Cambo-
dia and Japanese trade with Vietnam. 
Sec. 1405. Sense of Congress on introduction of Armed Forces into Nicaragua for 
combat. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Explanation of alternative levels. 
Subdivision 1—Fiscal Year 1988 
TITLE I—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Extension of certain prior year authorizations. 
TITLE II—NAVY 
Sec. 2121. Authorized Navy construction and land acquisition projects. 
Sec. 2122. Family housing. 
Sec. 2123. Improvements to military family housing units. 
Sec. 2124. Defense access roads. 
Sec. 2125. Authorization of appropriations, Navy. 
Sec. 2126. Authorization of projects for which funds have been appropriated. 
Sec. 2127. Extension of certain prior year authorizations. 
Sec. 2128. Naval Weapons Station, Earle, New Jersey. 
TITLE III—AIR FORCE 
Sec. 2131. Authorized Air Force construction and land acquisition projects. 
Sec. 2132. Family housing. 
Sec. 2133. Improvements to military family housing units. 
Sec. 2134. Defense access roads. 
Sec. 2135. Authorization of appropriations. Air Force. 
Sec. 2136. Authorization of projects for which funds have been appropriated. 
Sec. 2137. Extension of certain previous authorizations. 
TITLE IV—DEFENSE AGENCIES 
Sec. 2141. Authorized defense agencies construction and land acquisition projects. 
Sec. 2142. Family housing. 
Sec. 2143. Improvements to military family housing units. 
Sec. 2144. Defense access roads. 
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Sec. 2145. Authorization of appropriations, defense agencies. 
Sec. 2146. Authorization of project for which appropriations have been made. 
Sec. 2147. Extension of certain prior year authorizations. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1027 
Sec. 2148. Brooke Army Medical Center. 
Sec. 2149. Conforming storage facilities. 
Sec. 2150. Construction of a national test facility for the Strategic Defense 
Initiative. 
TITLE V—NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE 
Sec. 2151. Authorized NATO construction and land acquisition projects. 
Sec. 2152. Authorization of appropriations, NATO. 
TITLE VI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2161. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE VII—EXPIRATION OF AUTHORIZATIONS 
Sec. 2171. Expiration of authorizations. 
Subdivision 2—Fiscal Year 1989 
TITLE I-ARMY 
Sec. 2201. Authorized Army construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Army. 
TITLE II—NAVY 
Sec. 2221. Authorized Navy construction and land acquisition projects. 
Sec. 2222. Family housing. 
Sec. 2223. Improvements to military family housing units. 
Sec. 2224. Authorization of appropriations. Navy. 
TITLE III—AIR FORCE 
Sec. 2231. Authorized Air Force construction and Itmd acquisition projects. 
Sec. 2232. Family housing. 
Sec. 2233. Improvements to military family housing units. 
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Sec. 2234. Authorization of appropriations. Air Force. 
TITLE IV—DEFENSE AGENCIES 
Sec. 2241. Authorized defense agencies construction and land acquisition projects. 
Sec. 2242. Improvements to military housing units. 
Sec. 2243. Authorization of appropriations, defense agencies. 
TITLE V—NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE 
Sec. 2251. Authorized NATO construction and land acquisition projects. 
Sec. 2252. Authorization of appropriations, NATO. 
TITLE VI-GUARD AND RESERVE FORCES FACILITIES 
Sec. 2261. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE VII—EXPIRATION OF AUTHORIZATIONS AND EFFECTIVE DATE 
Sec. 2271. Expiration of authorizations of projects and appropriations for fiscal 
years after fiscal year 1988. 
Sec. 2272. Effective date. 
Subdivisions—General Provisions 
TITLE I—MILITARY CONSTRUCTION PROGRAM CHANGES 
Sec. 2301. Turn-key selection procedures for defense agencies. 
Sec. 2302. Long-term facilities contracts. 
Sec. 2303. Settlement of contractor claims. 
Sec. 2304. Guard and Reserve minor construction. 
Sec. 2305. Family housing improvement threshold. 
Sec. 2306. Family housing leasing within the United States. 
Sec. 2307. Family housing rental guarantee program. 
Sec. 2308. No-cost acquisition of family housing. 
Sec. 2309. Cost threshold for individual units and maximum number of units leased 
in foreign countries. 
Sec. 2310. Minor construction outside the United States. 
Sec. 2311. Cost threshold for multiple units. 
101 STAT. 1028 
PUBLIC LAW 100-180—DEC. 4, 1987 
Sec. 2312. Cost variations. 
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Sec. 2313. Family housing improvements. 
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TITLE II—MISCELLANEOUS PROVISIONS 
Sec. 2321. Pilot program for military family housing. 
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Sec. 2322. Restrictions on use of certain funding. 
Sec. 2323. Prohibition of funding for certain military construction contracts on 
Guam. 
Sec. 2324. Community planning assistance. 
•. y . ••>--• 
Sec. 2325. Disposition of real property at Air Force missile sites. 
Sec. 2326. Tulalip Tribes, Washington. 
^ 
' l S > 3 g 
TITLE III—REAL PROPERTY TRANSACTIONS 
Sec. 2331. Lease of property, San Francisco, California. 
Sec. 2332. Sale of land and replacement of certain facilities, Kapalama Military 
Reservation, Hawaii. 
Sec. 2333. Land conveyance, Lawrence Township, Indiana. 
Sec. 2334. Land transfers: Rock Island, Illinois, and Fort Sam Houston, Texas. 
Sec. 2335. Property transfer, Brooklyn, New York. 
Sec. 2336. Land exchange. Orange County, California. 
Sec. 2337. Transfer of land, Joliet Army ammunition plant, Illinois. 
Sec. 2338. Lease of property at the Naval Supply Center, Oakland, California. 
Sec. 2339. Authority to release certain rights. 
• ' 
Sec. 2340. Mineral interests at White Sands Missile Range, New Mexico. 
Sec. 2341. Land conveyance. Fort Jackson, South Carolina. 
Sec. 2342. Land exchange, Hamilton Air Force Base, California. 
-
^ 
' ' • '
"
. 
Sec. 2343. Land conveyance, Chanute Air Force Base, Illinois. 
• ? 
Sec. 2344. Land exchange, San Diego, California. 
•
• ' 
Sec. 2345. Property transaction. Barling, Arkansas. 
DIVISION C—OTHER NATIONAL DEFENSE AUTHORIZATIONS 
TITLE I—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 3101. Short title. 
PART A — N A T I O N A L SECURITY PROGRAMS AUTHORIZATIONS 
Sec. 3111. Operating expenses. 
Sec. 3112. Plant and capital equipment. 
^ .' 
' •
.
• 
Sec. 3113. Funding limitations. 
' 
•
>
•
'
%
.
• 
Sec. 3114. Undistributed reduction. 
'•'^, 
PART B—RECURRING GENERAL PROVISIONS 
Sec. 3121. Reprogramming. 
• . 
Sec. 3122. Limits on general plant projects. 
^ 
• 
. • 
-' 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for construction design. 
Sec. 3126. Authority for emergency construction design. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Adjustments for pay increases. 
, „ , , , , . 
. 
• 
o. > 
Sec. 3129. Availability of funds. 
>•• ^--.>.-..^^ 
"': 
— 
-
^ 
PARTC—MISCELLANEOUS PROVISIONS 
- ^ 
Sec. 3131. Allowable costs to include certain information provided to Congress and 
State legislatures. 
Sec. 3132. Modernization of nuclear weapons complex. 
Sec. 3133. Requirements to ensure safe operation of N reactor. 
• -^^^ 
Sec. 3134. Interim oversight of safety of the nuclear weapons complex. 
Sec. 3135. Timely determination of property rights in inventions and discoveries. 
Sec. 3136. Production reactor acquisition strategy. 
PART D—DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY RESEARCH 
X 
EXCELLENCE INITIATIVE 
Sec. 3141. Findings. 
Sec. 3142. Establishment of the semiconductor manufacturing technology research 
initiative. 
Sec. 3143. Participation of national laboratories of the Department of Energy. 
Sec. 3144. Personnel exchanges. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1029 
Sec. 3145. Other Department of Energy resources. 
, T, 
Sec. 3146. Budgeting for semiconductor manufacturing technology research. 
Sec. 3147. Cost-sharing agreements. 
Sec. 3148. Department of Energy oversight of cooperative agreements relating to 
the initiative. 
Sec. 3149. Avoidance of duplication. 
Sec. 3150. Authorization of appropriations. 
Sec. 3151. Technology transfer. 
j 
i . v ^ ' . . 
TITLE II—NATIONAL DEFENSE STOCKPILE 
Sec. 3201. Short title. 
Sec. 3202. Stockpile requirements. 
Sec. 3203. Stockpile manager. 
Sec. 3204. Authorized uses of stockpile transaction fund. 
Sec. 3205. Deadline for annual materials plan. 
Sec. 3206. Technical amendments. 
: f 
f. 
', 
TITLE in—CIVIL DEFENSE 
Sec. 3301. Authorization of appropriation. 
Sec. 3302. Withholding of funds for failure or refusal to participate in simulated 
-?»i 
nuclear attack exercise. 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
iii/os 
PART A—FUNDING AUTHORIZATIONS 
SEC. 101. ARMY 
' 
(a) AIRCRAFT.—Funds are hereby authorized to be appropriated for 
procurement of aircraft for the Army as follows: 
(1) $2,864,667,000 ($2,786,582,000) for fiscal year 1988. 
(2) $2,422,642,000 for fiscal year 1989. 
(b) MISSILES.—Funds are hereby authorized to be appropriated for 
procurement of missiles for the Army as follows: 
(1) $2,425,875,000 ($2,355,875,000) for fiscal year 1988. 
(2) $2,231,368,000 for fiscal year 1989. 
(c) WEAPONS AND TRACKED COMBAT VEHICLES.—Funds are hereby 
authorized to be appropriated for procurement of weapons and 
tracked combat vehicles for the Army as follows: 
(1) $3,435,137,000 for fiscal year 1988. 
(2) $1,846,250,000 for fiscal year 1989. 
(d) AMMUNITION.—Funds are hereby authorized to be appro-
priated for procurement of ammunition for the Army as follows: 
(1) $2,397,938,000 ($2,215,638,000) for fiscal year 1988. 
(2) $2,104,649 for fiscal year 1989. 
(e) OTHER PROCUREMENT.—Funds are hereby authorized to be 
appropriated for other procurement for the Army as follows: 
(1) $5,494,504,000 ($5,478,204,000) for fiscal year 1988 as 
follows: 
For tactical and support vehicles, $942,560,000. 
For 
communications 
and 
electronics 
equipment, 
$3,353,166,000 ($3,345,166,000). 
For other support equipment, $1,183,478,000. 
(2) $2,794,389,000 for fiscal year 1989. 
101 STAT. 1030 
PUBLIC LAW 100-180—DEC. 4, 1987 
SEC. 102. NAVY AND MARINE CORPS 
(a) AIRCRAFT.—(1) Funds are hereby authorized to be appropriated 
for procurement of aircraft for the Navy as follows: 
(A) $9,604,987,000 ($8,610,118,000) for fiscal year 1988. 
" 
(B) $5,591,525,000 for fiscal year 1989. 
(2) Of the funds appropriated or otherwise made available for 
procurement of aircraft for the Navy for fiscal year 1988: 
(A) $5,387,322,000 ($4,956,739,000) is available only for combat 
aircraft programs as follows: 
For the A-6E program, $376,610,000 ($0). 
For the EA-6B program, $521,571,000. 
For the F-14A/D program, $873,848,000. 
For the FA-18 program, $2,580,222,000. 
For the SH-60B program, $197,614,000 ($143,641,000). 
For the SH-60F program, $329,961,000. 
For the long-range air ASW capable aircraft program, 
$80,200,000. 
For the E-2C program, $427,296,000. 
(B) $833,193,000 ($800,493,000) is available only for modifica-
tion of aircraft programs as follows: 
For the A-6 series, $219,651,000. 
For the H-2 series, $45,108,000. 
For the P-3 series, $172,865,000. 
For the S-3 series, $142,522,000. 
For the ES-3 series, $115,200,000. 
For the E2 series, $71,139,000 ($38,439,000). 
For common electronic countermeasures (ECM) equip-
ment, $66,708,000. 
(b) WEAPONS.—(1) Funds are hereby authorized to be appropriated 
for fiscal year 1988 in the total amount of $5,989,023,000 
($5,857,023,000) for procurement of weapons (including missiles and 
toipedoes) for the Navy as follows: 
(A) For missile programs, $5,372,891,000 ($5,240,891,000). 
(BXi) For torpedo programs, $462,864,000, as follows: 
For the MK-48 torpedo program, $243,444,000. 
For the MK-50 Advanced Lightweight Torpedo program, 
$108,402,000. 
;,, 
For the MK-30 mobile target program, $31,495,000. 
, : 
For the antisubmarine rocket (ASROC) program, 
" 
$9,522,000. 
For the modification of torpedoes and related equipment, 
$16,015,000. 
For the torpedo support equipment program, $33,348,000. 
For the antisubmarine warfare range support program, 
$20,638,000. 
(ii) The sum of the sunounts authorized for torpedo programs 
under this subparagraph is reduced by $78,000,000 in order to 
meet the total amount authorized to be appropriated set forth at 
the beginning of this subparagraph. 
(C) For other weapons, $101,540,000, of which $28,023,000 is 
for the MK-15 close-in weapon system program. 
(D) For spares and repair parts, $129,728,000. 
(2) Funds are hereby authorized to be appropriated for fiscal year 
1989 in the amount of $3,261,068,000 for procurement of weapons 
(including missiles and torpedoes) for the Navy. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1031 
(c) SHIPBUILDING AND CONVERSION.—(1) Funds are hereby au-
thorized to be appropriated for shipbuilding and conversion for the 
Navy as follows: 
(A) $9,530,427,000 for fiscal year 1988. 
(B) $8,529,700,000 for fiscal year 1989. 
(2) Amounts authorized under paragraph (1) are available for 
shipbuilding and conversion progr£uns as follows: 
For the Trident submarine program, $1,290,800,000 for fiscal 
; 
year 1988 and $1,398,300,000 for fiscal year 1989. 
For the CVN aircraft carrier program, $644,000,000 for fiscal 
year 1988 and $797,000,000 for fiscal year 1989. 
For the SSN-688 nuclear attack submarine program, 
$1,676,900,000 for fiscal year 1988 and $1,527,800,000 for fiscal 
year 1989. 
For the SSN-21 nuclear attack submarine program, 
$257,600,000 for fiscal year 1988. 
For the aircraft carrier service life extension program (SLEP), 
$729,755,000 for fiscal year 1988. 
For the CG-47 Aegis cruiser program, $3,328,900,000 for fiscal 
year 1988 and $825,000,000 for fiscal year 1989. 
For the DDG-51 guided missile destroyer program, $5,500,000 
for fiscal year 1988 and $2,929,100,000 for fiscal year 1989. 
For 
the 
LHD-1 amphibious 
assault 
ship 
program, 
$752,900,000 for fiscal year 1988 and $741,100,000 for fiscal year 
^ , 1989. 
For the LSD-41 cargo variant program, $324,200,000 for fiscal 
year 1988. 
For the TAO-187 fleet oiler program, $279,100,000 for fiscal 
year 1988 and $256,400,000 for fiscal year 1989. 
For the strategic sealift program, $43,400,000 for fiscal year 
1988 
For the TAGOS-SWATH Ocean Surveillance Ship program, 
$96,500,000 for fiscal year 1988. 
For the AO (Jumbo) conversion program, $44,100,000 for fiscal 
year 1988. 
For the landing craft, air cushion program, $33,700,000 for 
fiscal year 1988. 
For the TAGS auxiliary crane ship program, $53,100,000 for 
fiscal year 1988 and $55,000,000 for fiscal year 1989. 
For service craft, $12,500,000 for fiscal year 1988. 
For outfitting and post delivery, $328,800,000 for fiscal year 
1988. 
The sum of the amounts authorized for programs under this subsec-
tion for fiscal year 1988 is reduced by $371,328,000 in order to meet 
the total amount authorized to be appropriated for that fiscal year 
in paragraph (1). 
(3) There are hereby authorized to be transferred to shipbuilding 
and conversion programs for the Navy for fiscal year 1988 pursuant 
to the authorizations of appropriations in paragraph (1), to the 
extent provided in appropriation Acts and without extension of the 
period of the availabUity of such amounts for obligation, amounts 
appropriated for fiscal years before fiscal year 1988 for shipbuilding 
and conversion for the Navy and remaining available for obligation 
in the total amount of $371,328,000 as follows: 
FVom the Trident submarine program for fiscal year 1984, 
$58,879,000. 
101 STAT. 1032 
PUBLIC LAW 100-180—DEC. 4, 1987 
From the Trident submarine program for fiscal year 1985, 
^ 
$19,383,000. 
From the Trident submarine program for fiscal year 1987, 
$68,060,000. 
From the TAK cargo ship program for fiscal year 1984, 
$784,000. 
From the SSN-688 attack submarine program for fiscal year 
- 
1987, $30,000,000. 
From the aircraft carrier service life extension program for 
' 
fiscal year 1985, $48,000,000. 
From the battleship reactivation program for fiscal year 1984, 
; 
$5,000,000. 
From the CG-47 Aegis carrier program for fiscal year 1984, 
$6,500,000. 
From the CG-47 Aegis carrier program for fiscal year 1987, 
$52,400,000. 
From the LSD-41 amphibious assault ship program for fiscal 
J 
year 1985, $4,000,000. 
From the LSD-41 amphibious assault ship program for fiscal 
year 1986, $1,300,000. 
From the LHD-1 amphibious assault ship program for fiscal 
year 1986, $3,100,000. 
« 
From the TAO fleet oiler program for fiscal year 1984, 
' 
$5,943,000. 
From the AOE fast combat support ship program for fiscal 
^ 
year 1987, $1,900,000. 
^ _, 
From the TAKE program for fiscal year 1984, $1,596,000. 
«.£>«i From the TAGS crane ship conversion program for fiscal year 
1985, $2,009,000. 
From the TAGS crane ship conversion program for fiscal year 
1987, $7,703,000. 
From the service craft program for fiscal year 1984, 
$10,397,000. 
From the service craft program for fiscal year 1986, 
$5,100,000. 
From the service craft program for fiscal year 1987, 
$13,900,000. 
From the landing craft program for fiscal year 1987, 
$19,000,000. 
From outfitting and post delivery for fiscal year 1984, 
$6,374,000. 
(d) OTHER PROCUREMENT, NAVY.—(1) Funds are hereby authorized 
to be appropriated for other procurement for the Navy as follows: 
(A) $5,321,592,000 ($5,207,103,000) for fiscal year 1988. 
(B) $1,082,048,000 for fiscal year 1989. 
'* 
(2) Amounts appropriated pursuant to paragraph (1) for fiscal year 
1988 shgdl be available as follows: 
For the ship support equipment program, $869,716,000. 
For the communications and electronics equipment program, 
' 
$1,809,417,000. 
For aviation support equipment, $815,315,000 ($734,815,000). 
For the ordnance support equipment program, $894,542,000. 
For programs for civil engineering support equipment, supply 
support equipment, and personnel/command support equip-
ment, a total of $623,776,000 ($589,787,000). 
For spares and repair parts, $308,826,000. 
S-JIC.O.^<;. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1033 
(3) There are hereby authorized to be transferred to other procure-
ment programs for the Navy for fiscal year 1988 pursuant to the 
authorizations of appropriations in paragraph (1), to the extent 
provided in appropriation Acts and without extension of obligational 
availability, amounts appropriated for fiscal years before fiscal year 
1988 for other procurement for the Navy and remaining available 
for obligation in the total amount of $36,541,000 as follows: 
From the electronically suspended gyro navigation program 
for fiscal year 1986, $1,410,000. 
From the vertical launch system (surface) program for fiscal 
year 1986, $907,000. 
From the quick strike program for fiscal year 1986, 
$1,851,000. 
From the amphibious equipment program for fiscal year 1986, 
$864,000. 
From the production support facility program for fiscal year 
1987, $11,095,000. 
From the crush/MIX/patch/pave equipment program for 
fiscal year 1987, $1,225,000. 
From the drill/blast equipment program for fiscal year 1987, 
$109,000. 
From the miscellaneous construction/maintenance equip-
ment program for fiscal year 1987, $2,085,000. 
From the weight handling equipment program for fiscal year 
1987, $2,113,000. 
From the computer acquisition program for fiscal year 1987, 
$14,882,000. 
(4) Of the amounts appropriated pursuant to pareigraph (1) for 
fiscal year 1989, $89,064,000 shall be available for the communica-
tions and electronics equipment program. 
(e) PROCUREMENT, MARINE CORPS.—Funds are hereby authorized 
to be appropriated for procurement (including missiles, tracked 
combat vehicles, and other weapons) for the Marine (Dorps in 
amounts as follows: 
(1) $1,333,575,000 ($1,330,546,000) for fiscal year 1988. 
(2) $451,415,000 for fiscal year 1989. 
SEC. 103. AIR FORCE 
Funds are hereby authorized to be appropriated for procurement 
for the Air Force as follows: 
(1) For aircraft: 
(A) $13,224,331,000 ($12,689,331,000) for fiscal year 1988. 
oiQ 
(B) $7,577,436,000 for fiscal year 1989. 
(2) For missiles: 
(A) $7,513,544,000 ($7,229,862,000) for fiscal year 1988. 
(B) $2,214,719,000 for fiscal year 1989. 
(3) For other procurement for fiscal year 1988, $8,422,866,000 
($8,243,504,000), of which— 
(A) $687,647,000 ($656,347,000) is for munitions and associ-
ated support equipment; 
(B) $239,074,000 is for vehicular equipment; 
(C) $2,190,221,000 ($2,071,559,000) is for electronics and 
telecommunications equipment; and 
(D) $5,316,924,000 ($5,287,524,000) is for other base 
maintenance and support equipment. 
(4) For other procurement, $2,742,725,000 for fiscal year 1989, 
ofwhich— 
101 STAT. 1034 
PUBLIC LAW 100-180—DEC. 4, 1987 
(A) $627,006,000 is for munitions and associated support 
equipment; 
(B) $219,198,000 is for vehicle equipment; 
(C) $1,314,782,000 is for electronics and communications; 
and 
(D) $581,739,000 is for other base maintenance and sup-
port equipment. 
Sl!:C. 104. DEFENSE AGENCIES 
Funds are hereby authorized to be appropriated for fiscal year 
1988 for the Defense Agencies in the amount of $1,293,312,000 
($1,288,371,000). 
SEC. 105. RESERVE COMPONENTS 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby au-
thorized to be appropriated for fiscal year 1988 for procurement of 
Eiircraft, vehicles, communications equipment, and other miscellane-
ous equipment for the reserve components of the Armed Forces as 
follows: 
For the Army National Guard, $125,000,000 ($60,000,000). 
For the Air National Guard, $258,000,000. 
ilii For the Army Reserve, $90,000,000. 
For the Air Force Reserve, $165,000,000. 
«» For the Navy Reserve, $25,000,000. 
For the Marine Corps Reserve, $40,000,000. 
0)) AUTHORIZATIONS IN ADDITION TO OTHER AMOUNTS.—The 
authorizations of appropriations contained in subsection (a) are in 
addition to any other amount authorized to be appropriated by this 
or any other Act. 
SEC. 106. MILESTONE AUTHORIZATIONS FOR PROCUREMENT PROGRAMS 
(a) MOBILE SUBSCRIBER EQUIPMENT.—(1) Of the amounts appro-
priated for other procurement for the Army for fiscal years 1988 and 
1989 for communications and electronic equipment, $1,019,800,000 of 
the amount appropriated for fiscal year 1988 and $995,700,000 of the 
amount appropriated for fiscal year 1989 may be obligated only for 
the Mobile Subscriber Equipment program. 
(2) Funds are hereby authorized to be appropriated for other 
procurement for the Army for the Mobile Subscriber Equipment 
program as follows: 
(A) $976,200,000 for fiscal year 1990. 
(B) $360,000,000 for fiscal year 1991. 
(b) ARMY TACTICAL MISSILE SYSTEM.—(1) Of the amounts appro-
priated for procurement of missiles for the Army for fiscal years 
1988 and 1989, $16,925,000 of the amount appropriated for fiscal 
year 1988 and $81,300,000 of the amount appropriated for fiscal year 
1989 may be obligated only for the Army Tactical Missile System. 
(2) Funds are hereby authorized to be appropriated for procure-
ment of missiles for the Army for the Army Tactical Missile System 
as follows: 
(A) $158,200,000 for fiscal year 1990. 
• - (B) $209,000,000 for fiscal year 1991. 
(C) $88,200,000 for fiscal year 1992. 
(c) TRIDENT II MISSILE.—(1) Of the amounts appropriated for 
procurement of weapons for the Navy for fiscal years 1988 and 1989, 
$2,251,331,000 of the amount appropriated for fiscal year 1988 and 
$2,227,100,000 of the amount appropriated for fiscal year 1989 may 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1035 
be obligated only for the Trident II missile program. In achieving 
any undistributed reduction required to be made in programs, 
projects, or activities for which funds have been appropriated to the 
Department of Defense for fiscal year 1988, no reduction may be 
made in the amount of funds available for the Trident II missile 
program. 
(2) Funds are hereby authorized to be appropriated for procure-
ment of weapons for the Navy for the Trident II missile as follows: 
(A) $2,215,000,000 for fiscal year 1990. 
(B) $2,090,500,000 for fiscal year 1991. 
(C) $1,977,000,000 for fiscal year 1992. 
(d) T-45 TRAINING SYSTEM.—(1) Of the amounts appropriated for 
procurement of aircraft for the Navy for fiscal years 1988 and 1989 
$358,210,000 of the amount appropriated for fiscal year 1988 and 
$403,466,000 of the amount appropriated for fiscal year 1989 may be 
obligated only for the T-45 Training System. 
(2) Funds are hereby authorized to be appropriated for procure-
ment of aircraft for the Navy for the T-45 Training System as 
follows: 
(A) $437,700,000 for fiscal year 1990. 
(B) $596,300,000 for fiscal year 1991. 
(C) $652,300,000 for fiscal year 1992. 
- - 
'' 
(e) APPLICATION OF SECTION 2437 OF TITLE 10.—Programs referred 
to in subsections (a) through (d) are defense enterprise programs for 
the purpose of section 2437 of title 10, United States Code. 
SEC. 107. AUTHORIZATION OF FUNDS FOR CHEMICAL DEMILITARIZATION 
PROGRAM 
Funds are hereby authorized to be appropriated to the Secretary ~ 
of Defense for fiscal year 1988 for the destruction of lethal chemical 
agents and munitions in accordance with section 1412 of the Depart-
ment of Defense Authorization Act, 1986 (Public Law 99-145; 99 
Stat. 747), in the amount of $125,100,000, of which— 
(1) $94,100,000 shall be for operation and maintenance; 
(2) $11,500,000 shall be for research, development, test and 
evaluation; and 
(3) $19,500,000 shall be for procurement. 
SEC. 108. AUTHORIZED MULTIYEAR CONTRACTS 
(a) ARMY.—Subject to subsection (dXD, the Secretary of the Army 
may enter into multiyear contracts in accordance with section 
2306(h) of title 10, United States Code, for procurement of the 
following: 
(1) High-Mobility Multipurpose Wheeled Vehicle program. 
(2) AN/ALQ-136 jammer. 
(3) TOW 2 Missile (for the Army and Marine Corps). 
(b) NAVY.—(1) Subject to subsection (dX2), the Secretary of the 
Navy may enter into a multiyear contract under section 2306(h) of 
title 10, United States Code, for the Hawk Missile System. 
(2) If by January 1, 1988, legislation described in section 3(c) has 
not been enacted, the Secretary of the Navv shall enter into a five-
year multiyear contract under section 2306(h) of title 10, United 
States Code, for procurement of 420 FA-18 aircraft. 
(c) AIR FORCE.—Subject to subsection (dXD, the Secretary of the 
Air Force may enter into a multiyear contract under section 2306(h) 
of title 10, United States Code, for the Defense Meteorological 
Satellite Program. 
101 STAT. 1036 
PUBLIC LAW 100-180—DEC. 4, 1987 
(d) CONDITIONS.—(1) A multiyear contract authorized by subsec-
tion (a), 03X2), or (c) may not be entered into unless the anticipated 
cost over the period of the contract is no more than 88 percent of the 
anticipated cost of carrying out the same program through annual 
contracts. 
(2) A multiyear contract authorized by subsection 0>)(1) may not be 
entered into unless the anticipated cost over the period of the 
contract is no more than 88 percent of the average cost incurred for 
the same system procured with funds appropriated for fiscal year 
1986 and fiscal year 1987. For purposes of this parsigraph, the 
average cost for the system in those fiscal years may be increased by 
the average percentage inflation increase for missile procurement 
during those fiscal years. 
SEC. 1
0
9
. 
EXTENSION OF AUTHORITY PROVIDED SECRETARY OF 
DE-
FENSE 
IN 
CONNECTION WITH 
THE 
NATO 
AWACS 
PROGRAM 
- 
Effective as of October 1,1987, section 103(a) of the Department of 
Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is 
amended by striking out "fiscal year 1987" both places it appears 
and inserting in lieu thereof "fiscal years 1988 and 1989". 
PART B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS 
SEC. 111. ARMY PROGRAMS 
(a) AHIP SCOUT HEUCOPTER.—Funds appropriated or otherwise 
made available for fiscal year 1988 for advance procurement of 
AHIP aircraft may not be obligated unless the Secretary of Defense, 
based on operational test results, determines that the AHIP aircraft 
is the most cost-effective scout helicopter available to the Army and 
certifies that determination to the Committees on Armed Services of 
the Senate and House of Representatives. 
(b) STINGER MISSILE.—Section 107(e) of the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 
3827) is repealed. 
Contracts. 
(c) RDX FACIUTY.—The Secretary of the Army may award one or 
more contracts, in advance of appropriations therefor, for the design 
and construction of an RDX manufacturing plant if each such 
contract limits the amount of payments that the United States is 
obligated to make under such contract to the amount of appropria-
tions available, at the time such contract is awarded, for obligation 
under such contract. Such design and construction may be accom-
plished by using one-step turn-key selection procedures, or other 
competitive contracting methods. 
(d) FORWARD AREA AIR DEFENSE HEAVY SYSTEM.—(1) Funds appro-
priated or otherwise made available for the Army for procurement 
may not be obligated or expended for the procurement of any air 
defense system submitted to the Army for evaluation in response to 
any Army request for proposal for the Forward Area Air Defense 
Line-of-Sight Forward-Heavy (LOS-F-H) system unless the Sec-
retary of Defense certifies to Congress that the system has met or 
exceeded full system requirements. 
(2) For purposes of paragraph (1), the term "full system require-
ments" means the most stringent system requirements specified by 
any request for proposal for accuracy, range (detection, tracking and 
engagement), reaction time, and operations in the presence of elec* 
tronic countermeasures. 
:rt; •
:
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>
i
^
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^
T eJifl^aS 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1037 
(3) The Secretary of the Army may not obUgate funds for advance Reports. 
procurement of the system referred to in paragraph (1) until— 
(A) the operational tests of the system are completed and the 
Secretary of Defense reports to the Committees on Armed 
Services of the Senate and the House of Representatives on the 
results of such testing and the evaluation of such testing; 
(B) the Secretary of Defense certifies to those committees that 
the system satisfactorily demonstrates that it meets or exceeds 
all of the operational performance criteria established for the 
system; 
(C) the Director of Operational Test and Evaluation of the 
Department of Defense submits to the Secretary of Defense and 
those committees a report giving the Director's evaluation of 
the results of such testing and evaluation; and 
(D) the Comptroller (Jeneral submits a report to those 
committees giving his assessment of the operational tests and 
the system performance. 
(e) A-6 AIRCRAFT CONFIGURATION.—None of the funds appro-
priated for the procurement of aircraft for the Navy for fiscal year 
1988 or 1989 may be obligated or expended for procurement of any 
A-6 aircraft configured in the F model configuration (as described in 
connection with the A-6E/A-6F aircraft program in the Selected 
Acquisition Report submitted to Congress for the quarter ending 
December 31,1986). 
SEC. 112. NAVY PROVISIONS 
(a) H-53 
SUPER STALUON HEUCOPTER AIRCRAFT.—(1) Of 
the 
amount appropriated for procurement of aircraft for the Navy for 
fiscal year 1988, $25,000,000 shall be available only for safety-related 
modifications of the H-53 series aircraft. 
(2) Of the amount appropriated for the Navy for fiscal year 1988 Reports. 
for the procurement of H-53 aircraft, not more than 30 percent of 
such funds may be obligated until the Secretary of the Navy submits 
to Congress a report containing the preliminary results of dynamic 
structural tests on the H-53 aircraft and the recommendations of 
the Secretary regarding the advisability of continuing procurement 
of such aircraft. 
(3) The Secretary of the Navy may not accept delivery of any 
Super Stallion C/MH-53E helicopter contracted for using funds 
appropriated for a fiscal year after fiscal year 1987 unless the 
helicopter incorporates design chsmges to improve flight stability 
that are approved by the Secretary of the Navy based upon rec-
ommendations resulting from the flight stability deficiency correc-
tion program for such helicopter being carried out as of May 18, 
1987. 
Ot)) P-3 AIRCRAFT.—From funds appropriated or otherwise made 
available for procurement of aircraft for the Navy or for procure-
ment for the reserve components for fiscal year 1988, the Secretary 
of the Navy may not obligate more than a total of $207,011,000 for— 
(1) procurement of P-3C aircraft; and 
(2) modifications to existing P-3 aircraft. 
(c) LAND-BASED TANKERS.—Funds appropriated or otherwise made 
available for the Navy may not be obligated or expended for the 
purpose of acquiring or operating land-based tanker aircraft unless 
the Secretary of Defense certifies to Congress that the Department 
of the Air Force cannot support the requirements of the Navy for 
land-based tanker aircraft. For the purposes of this section, the KC-
101 STAT. 1038 
PUBLIC LAW 100-180—DEC. 4, 1987 
C!ontract8. 
130T aircraft operated by the Marine Corps is not considered a land-
b£ised tanker aircraft. 
(d) OBOGS SYSTEM.—Any aircraft procured under the F-14D 
aircraft program using funds made available for fiscal year 1988, 
and any aircraft procured under the FA-18 aircraft program using 
funds made available for fiscal year 1989, shall be configured to 
incorporate an On Board Oxygen Generating System (OBOGS). 
(e) LEASE OR CHARTER OF NEW TANKERS.—Subject to section 2401 
of title 10, United States Code, the Secretary of the Navy may enter 
into long-term leases and charters for military useful tanker vessels 
constructed in the United States. 
SEC. 113. AIR FORCE PROVISIONS 
(a) T-46 FUNDS.—(1) Funds appropriated for procurement of air-
craft for the Air Force that were originally provided for the termi-
nated T-46 program (as such funds are described in paragraph (2)) 
shall, to the extent provided in appropriation Acts, be made avail-
able for aircraft programs of the Navy as described in paragraph (3) 
and may not be used for any other purpose. 
(2) Funds to be made available for the purposes described in 
paragraph (3) are as follows: 
(A) $149,000,000 appropriated for fiscal year 1986. 
(B) $151,000,000 appropriated for fiscal year 1987. 
(3) Funds provided for Navy aircraft programs under this subsec-
tion shall be used as follows: 
(A) $146,700,000 for procurement of EA6-B Prowler aircraft. 
(B) $4,900,000 for advance procurement of EA-6B Prowler 
aircraft 
(C) $12,600,000 for EA-6B spares. 
(D) $42,400,000 for A-6 aircraft modifications. 
(E) $48,700,000 ($38,439,000) for E-2 aircraft modifications. 
(4) Funds appropriated or otherwise made available for the Air 
Force for fiscal years 1986 and 1987 may not be obligated or ex-
pended for procurement of the T-46 aircraft (other than those 
aircraft under contract on the date of the enactment of this Act for 
lot one aircraft) or in connection with a competition for trainer 
aircraft. 
(b) TRANSFER OF OTHER PROCUREMENT AIR FORCE FUNDS.—Of 
funds appropriated for other procurement for the Air Force for 
fiscal year 1987 that are available for the BDU-50 practice bomb, 
$8,000,000 shall, to the extent provided in appropriations Acts, be 
made available for other procurement for the Navy for fiscal year 
1988 and shall be used only for procurement of BDU-45 practice 
bombs. 
(c) PAVE TIGER SYSTEM.—The amount of $95,800,000 authorized 
for research, development, test, and evaluation for the Air Force for 
fiscal year 1985 for which funds were appropriated is hereby re-
authorized for procurement of the PAVE Tiger System, and such 
funds may not be used for any other purpose. 
(d) GROUND COLUSION AVOIDANCE SYSTEMS FOR TRANSPORT AIR-
CRAFT.—(1) Except as provided by paragraph (2), any transport 
aircraft purchased or modified using funds provided to the Depart-
ment of Defense for fiscal year 1988 for procurement of aircraft 
shall, as acquired or modified, be equipped with ground collision 
avoidance systems. 
(2) The limitation in paragraph (1) does not apply to the following 
cases: 
<•; ®tt:? i r * ^ 
«•;• •.•:;•:• 
•••-,'N: .: -v.:--.!*-^^^:^:;! 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1039 
• 
(A) The modification of aircraft for Special Operations Forces. 
(B) The purchase or modification of aircraft already equipped 
with ground collision avoidance capabilities comparable or supe-
rior to those required under paragraph (1). 
(C) The purchase or modification of aircraft undergoing modi-
fications on the date of the enactment of this Act if, in a given 
case, the interruption of the modification schedule would result 
in either increased costs or production breaks. 
(3) Not later than February 1,1988, the Secretary of the Air Force Reports, 
shall submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report setting forth the Secretary's 
plan for the purchase or modificacion of transport aircraft equipped 
with ground collision avoidance systems as required by paragraph 
(1). 
(e) A-7 CLOSE AIR SUPPORT AIRCRAFT.—(1) Funds appropriated or 
otherwise made available to the Air Force for fiscal year 1988 for 
procurement of aircraft may not be obligated for the procurement of 
equipment, facilities, or services for the modification of A-T aircraft 
under the A-7 Plus program in excess of $10,000,000 until— 
(A) the Secretary of Defense certifies to Congress, in writing, 
that— 
(i) obligation of funds for such procurement will not 
adversely affect full and open competition in the A-7 close 
air support program; and 
(ii) the A-7 plus aircraft is the most cost-effective alter-
native for modernizing existing close air support and battle-
field air interdiction assets of the Department of Defense 
and contributing to meeting the requirements relating to 
close air support and battlefield air interdiction established 
by the Secretary of Defense; 
(B) the results of the vulnerability study required by the 
Secretary of Defense with respect to that aircraft demonstrate 
that the upgraded A-7 plus aircraft meets the vulnerability 
requirements for that aircraft established by the Secretary; 
(C) the Secretary of Defense submits the report required by Reports, 
paragraph (2); and 
(D) a period of 10 calendar days expires after the date on 
which that report is received. 
(2) Not later than October 1, 1988, the Secretary of Defense shall Reports, 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report containing a master plan for 
meeting the requirements established by the Secretary relating to 
close air support and battlefield air interdiction. The master plan 
submitted— 
(A) must have been approved by the Under Secretary of 
Defense for Acquisition; and 
(B) shall specify the requirements with respect to equipment, 
costs, schedule, and acquisition strategy and the roles for active 
and reserve forces in each of the Armed Forces under the 
jurisdiction of the Secretary for meeting those requirements. 
(f) T-37 MODIFICATION.—(1) Funds appropriated or otherwise made 
available to the Air Force for fiscal year 1988 for procurement of 
aircraft may not (except as provided under paragraph (3)) be obli-
gated for the T-37 modification program until— 
(A) the Secretary of Defense submits the report required by Reports. 
paragraph (2); and 
101 STAT. 1040 
PUBLIC LAW 100-180—DEC. 4, 1987 
(B) a period of 10 calendar days expires after the date on 
which that report is received. 
Reports. 
(2) Not later than February 1,1988, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report containing a master plan for 
meeting the requirements of the Air Force for undergraduate pilot 
training. The master plan submitted— 
(A) must have been approved by the Under Secretary of 
83" 4«jt 
Defense for Acquisition; 
(B) shall specify the requirements with respect to equipment, 
costs, schedule, and acquisition strategy for meeting those 
requirements of the Air Force; and 
(C) shall address the most cost-effective means for meeting 
those requirements, including the feasibility of joint service 
programs. 
(3) The limitation in paragraph (1) does not apply with respect to 
the obligation of funds for a modification solely related to flight 
safety purposes, but such funds may not be obligated for such a 
modiflcation until the Secretary of Defense submits a certification 
in writing to the committees named in paragraph (2) that the 
modification for which the funds are to be obligated is a modifica-
tion solely related to flight safety purposes. 
PARTC—MISCELLANEOUS PROVISIONS 
SEC. 121. ADVANCED TECHNOLOGY BOMBER PROGRAM 
(a) ESTABUSHMENT OF CoST, PERFORMANCE, AND MANAGEMENT 
INITIATIVE.—The Secretary of Defense, acting through the Under 
Secretary of Defense for Acquisition, shall establish an initiative for 
maintaining cost discipline, contractor performance discipline, and 
management discipline within the Advanced Technology Bomber 
program. 
(b) REQUIRED ELEMENTS OF INITIATIVE.—The initiative under 
subsection (a) shsdl include the following elements: 
(1) The creation of a management plan for the program under 
which decisions to commit to specified levels of production are 
linked to progress in meeting specified program milestones, 
including testing milestones. 
; 
(2) The creation of a program for promoting greater inter-
action on management and performance issues between the 
prime contractor and major program subcontractors. 
(3) The establishment of a senior management review group 
to report directly to the Under Secretary of Defense for Acquisi-
tion on the status of aircraft capability, program management, 
schedule, and cost. 
(4) The use of competition on an ongoing basis. 
(c) REPORT ON INITIATIVE.—Not later than April 1, 1988, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
initiative required by subsection (a). The report shall include a 
description of the measures taken to that time to implement the 
initiative, including actions taken with respect to each of the ele-
ments specified in subsection Ot)), and a description of the criteria 
and milestones to be used in evaluating actual program perforin-
ance against specified program performance. 
< ,v> 
.«0:.''-»x'»Sf 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1041 
(d) RESTRICTION ON FUNDS.—(1) The Secretary of the Air Force 
J9jij«}«« 
shall transfer to the Under Secretary of Defense for Acquisition an 
amount specified by the Under Secretary not to exceed $10,000,000 
to be available only for the purposes of subsection (a). Such amount 
shall be derived from funds provided for procurement of aircraft for 
the Air Force for fiscal year 1988. 
(2) If the initiative required by subsection (a) is not implemented 
by October 1, 1988, funds may not be obligated after that date for 
the Advanced Technology Bomber program until the initiative is 
implemented. 
(e) REPORT ON IOC CAPABIUTIES.—(1) Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the expected capabilities of the 
Advanced Technology Bomber when it achieves initial operational 
capability. The report shall be prepared in consultation with the 
Under Secretary of Defense for Acquisition. 
(2) The report shall include a description of— 
(A) the performance of the aircraft and its subsystems; ^ 
-*' t'*^^ 
(B) expected mission capability; 
*r.a':n<':> 
(C) required maintenance and logistical standards; 
(D) expected levels of crew training and performance; and 
(E) product improvements that are planned before the initial 
operational capability of the aircraft to be made after the initial 
operational capability of the aircraft. 
SEC. 122. REPORT ON CONDITION OF CERTAIN C-130 AIRCRAFT 
(a) INSPECTION.—The Secretary of the Air Force shall inspect the Georgia. 
eight C-130H aircraft stored since 1974 at Air Force Plant No. 6 in 
Marietta, Georgia, in order to determine the current condition of 
such aircraft and the work required to return such aircraft to 
operating status. 
(b) REPORT.—The Secretary shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
on the inspection under subsection (a). The report shall include the 
Secretary's estimate of the amount it would cost to put such aircraft 
in useful service for the Air National Guard. The report shall be 
submitted not later than 60 days after the date of the enactment of 
this Act. 
^Hi-ii>q^B 
SEC. 123. BRADLEY FIGHTING VEHICLE 
(a) LIMITATION OF FUNDS AND PLAN TO IMPROVE SURVIVABIUTY 
AND OPERATIONAL PERFORMANCE.—Funds appropriated for fiscal 
year 1988 may not be obligated or expended to procure any Bradley 
Fighting Vehicles until a period of 15 days of continuous session of 
Congress has passed after the last of the following occurs: 
(1) The tests of the Bradley Fighting Vehicle required by Reports. 
section 121(d) of the National Defense Authorization Act for 
Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3829) are com-
pleted and the Secretary of Defense submits to Congress the 
report on the results of such tests required by section 121(fXl) of 
such Act. 
(2) The Secretary of Defense certifies to Congress in writing 
that the survivabilitjr modifications selected by the Secretary 
for the Bradley Fighting Vehicle maximize casualty reductions 
while considering nscal concerns and without jeopardizing oper-
ational effectiveness. 
101 STAT. 1042 
PUBLIC LAW 100-180—DEC. 4, 1987 
Reports. 
(3) The Secretary of Defense submits to Congress a report 
containing— 
(A) a plan for the incorporation of the survivability modi-
fications selected into all Bradley Fighting Vehicles in-
tended for use in combat £ind a further plan for the incorpo-
ration of such modifications into the maximum number of 
Bradley Fighting Vehicles for which such incorporation is 
operationally warranted and feasible; 
(B) a plan for initiation of production or development 
efforts, as appropriate, for such modifications not later than 
May 1,1988; and 
(U) a description of each survivability modification consid-
ered by the Secretary (including those not selected) and the 
relative costs (including logistics and storage) and the 
schedules of each such modification, a schedule for comple-
tion of the modifications selected, and the rationale for not 
selecting those modifications that were considered but not 
selected. 
Reports. 
(4) The Secretary of Defense submits to Congress a report— 
Contracts. 
(A) identifjdng those instances (including deficient swim 
capability, transmission failures, electrical problems with 
the vehicle and turret distribution boxes, and inadequacies 
in the Integrated Sight Unit and TOW missile launchers) in 
which— 
(i) there are reliability, quality, or operational prob-
lems; 
(ii) the vehicle does not meet the military require-
,;:- 
ments specified for the vehicle in a program contract; 
, i .
"
• 
o r 
?t 
(iii) the performance of a Government contractor 
under a program contract is deficient; and 
(B) setting forth a plan to correct each instance identified 
under subparagraph (A). 
(b) REVIEW BY COMPTROLLER GENERAL.—The Comptroller General 
shall— 
(1) review all materials of the Department of Defense used to 
develop the certification submitted under subsection (aX2) and 
the reports submitted under subsections (aX3) and (aX4); and 
Reports. 
(2) not later than 30 days after the date on which the last of 
such certification and reports is submitted, submit to Congress a 
report giving the assessment of the Comptroller General as to 
the conclusions and recommendations of the Secretary of De-
fense in the reports and certifications submitted pursuant to 
subsection (a). 
(c) CONTINUITY OF SESSION.—For purposes of determining the 
period of 15 days of continuous session of Congress specified in 
it 
subsection (a)— 
(1) the continuity of a session of Congress is broken only by an 
adjournment of the Congress sine die; and 
(2) days on which either House is not in session because of an 
adjournment of more than three days to a day certain are 
excluded in the computation of such period. 
SEC. 124. LIMITATION ON PROCUREMENT OF CERTAIN 
CHEMICAL 
WEAPONS ANTIDOTE 
(a) LIMITATION.—Section 2400 of title 10, United States Code, is 
amended— 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1043 
(1) by inserting "(a) BUSES.—" before "Funds appropriated"; 
and 
(2) by adding at the end the following; 
"Qi) CHEMICAL WEAPONS ANTIDOTE MANUFACTURED OVERSEAS.— 
Funds appropriated to the Department of Defense may not be used 
for the procurement of chemical weapons antidote contained in 
automatic injectors (or for the procurement of the components for 
such injectors) determined to be critical under the Industrial 
Preparedness Planning Program of the Department of Defense 
unless— 
"(1) such injector or component is manufactured in the 
United States by a company which is an existing producer 
under the industrial preparedness program at the time the 
contract is awarded and which— 
"(A) has received all required regulatory approvals; and 
"(B) has the plant, equipment, and personnel to perform 
the contract in existence in the United States at the time 
the contract is awarded; or 
"(2) the Secretary of Defense, acting through the Under Sec-
retary of Defense for Acquisition, determines that such procure-
ment from a source in addition to a source described in 
paragraph (1) is critical to the national security.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section is 
amended to read as follows: 
"§ 2400. Miscellaneous procurement limitations". 
(2) The item relating to that section in the table of sections at the 
beginning of chapter 141 of such title is amended to read as follows: 
"2400. Miscellaneous procurement limitations.". 
SEC. 125. REVISION OF CHEMICAL DEMILITARIZATION PROGRAM 
(a) DEFINITION.—For purposes of this section, the term "chemical 
stockpile demilitarization program" means the program established 
by section 1412 of the Department of Defense Authorization Act, 
1986 (50 U.S.C. 1521), to provide for the destruction of the United 
States' stockpile of lethal chemical agents and munitions. 
O
t
)
) ENVIRONMENTAL 
IMPACT 
STATEMENT.—The Secretary 
of 
Defense shall issue the final Programmatic Environmental Impact 
Statement on the chemical stockpile demilitarization program by 
January 1, 1988, The Environmental Impact Statement shall be 
prepared in accordance with all applicable laws. 
(c) DISPOSAL TECHNOLOGIES.—(1) Funds appropriated pursuant to 
this Act or otherwise made available for fiscal year 1988 for the 
chemical stockpile demilitarization program may not be obligated 
for procurement or for an Army military construction project at a 
military installation or facility inside the continental United States 
until the Secretary of Defense certifies to Congress in writing that 
the concept plan under the program includes the following: 
(A) Evaluation of alternate technologies for disposal of the 
existing stockpile and selection of the technology or tech-
nologies to be used for such purpose. 
(B) Full-scale operational verification of the technology or 
technologies selected for such disposal. 
'- 
(C) Maximum 
protection 
for 
public 
health 
and 
the 
environment. 
Contracts. 
50 use 1521 
note. 
Health and 
medical care. 
Environment. 
101 STAT. 1044 
PUBLIC LAW 100-180—DEC. 4, 1987 
Research and 
(2) The limitation in paragraph (1) shall not apply with respect to 
development. 
^j^^ obligation of funds for the technology evaluation or development 
program. 
(d) ALTERNATIVE CONCEPT PLAN.—The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives an alternative concept plan for the chemi-
cal stockpile demilitarization program. The alternative concept plan 
shall— 
;«^r ^ (1) incorporate the requirements of subsections (b) and (c); and 
(2) specify any revised schedule or revised funding require-
ment necessary to enable the Secretary to meet the require-
ments of subsections (b) and (c). 
The alternative concept plan shall be submitted by March 15, 1988. 
(e) SURVEILLANCE AND ASSESSMENT PROGRAM.—The Secretary of 
Defense shall conduct an ongoing comprehensive program of— 
:5fL. r
K
> 
(1) surveillance of the existing United States stockpile of 
>
n 
chemical weapons; and 
(2) assessment of the condition of the stockpile. 
50 u s e 1513 
SEC. 126. WITHDRAWAL OF EUROPEAN CHEMICAL STOCKPILE 
Chemical munitions of the United States stored in Europe on the 
date of the enactment of this Act should not be removed from 
Europe unless such munitions are replaced contemporaneously with 
binary chemical munitions stationed on the soil of at leeist one 
European 
member 
nation 
of 
the 
North 
Atlantic 
Treaty 
Organization. 
10 u s e 2432 
SEC. 127. SELECTED ACQUISITION REPORTS FOR CERTAIN PROGRAMS 
(a) SAR 
COVERAGE FOR A T B , ACM, 
AND ATA 
PROGRAMS.—The 
Secretary of Defense shall submit to the Committees on Armed 
r<?sr '•\PM .. 
Services of the Senate and House of Representatives at the end of 
each fiscal year quarter a Selected Acquisition Report with respect 
to each program referred to in subsection (b), notwithstanding that 
such a report would not otherwise be required under section 2432 of 
title 10, United States Code. 
(b) COVERED PROGRAMS.—Subsection (a) applies to the Advanced 
Technology Bomber program, the Advanced Cruise Missile program, 
and the Advanced Tactical Aircraft program. 
(c) SELECTED ACQUISITION REPORT DEFINED.—As used in subsection 
(a), the term "Selected Acquisition Report" means a report contain-
ing the information referred to in section 2432 of title 10, United 
States Code. 
SEC. 128. REPORT ON STRATEGIC BOMBER FORCE COMPOSITION 
x 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report updating the 1986 Strategic Bomber Force 
Study. The report shall include— 
(1) the total number of advanced technology bombers required 
for the strategic bomber force; 
/; 
(2) the Secretary's assessment of the effect of potential arms 
control developments on the bomber force; 
ii' 
(3) a description of any current plans for the use of the B-IB 
aircraft as a dedicated stand-off mission aircraft; 
iH 9d 
(4) a description of plans for retirement of the current B-52 
and FB-111 fleets; and 
I'.'o;-; 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1045 
(5) an assessment as to the potential for changes in the Soviet 
threat and other factors that may affect the capabilities of the 
strategic bomber force to penetrate Soviet air defenses, 
(b) DEADLINE FOR REPORT.—The report required by subsection (a) 
shall be submitted not later than April 1,1988. 
SEC. 129. HEMTT TRUCK PROGRAM 
(a) PROGRAM AUTHORIZATION.—Beginning in fiscal year 1988, the Contracts. 
Secretary of the Army shall procure not less than 4,737 trucks 
under the Heavy Expanded Mobility Tactical Truck (HEMTT) pro-
gram. Such procurement shall be carried out using multiyear con-
tracts in accordance with section 2306(h) of title 10, United States 
Code. 
(b) FUNDING.—Of amounts appropriated for each of fiscal years 
1988 and 1989 for other procurement for the Army for tactical 
vehicles, $239,300,000 shall be available only for procurement under 
subsection (a). 
TITLE 
U—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
PART A—AUTHORIZATIONS AND PROGRAM LIMITATIONS 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS 
Funds are hereby authorized to be appropriated for fiscal year 
1988 and for fiscal year 1989 for the use of the Armed Forces for 
research, development, test, and evaluation as follows: 
(1) For the Army: 
(A) $5,281,008,000 ($5,204,338,000) for fiscal year 1988. 
(B) $2,763,326,000 for fiscal year 1989. 
(2) For the Navy (including the Marine Corps): 
(A) $9,947,151,000 ($9,638,995,000) for fiscal year 1988. 
(B) $2,896,358,000 for fiscal year 1989. 
(3) For the Air Force: 
(A) $16,861,976,000 ($15,114,635,000) for fiscal year 1988. 
(B) $3,464,376,000 for fiscal year 1989. 
(4) For the Defense Agencies: 
(A) $8,145,176,000 ($8,060,558,000) for fiscal year 1988. 
(B) $1,881,428,000 for fiscal year 1989. 
(5) For testing activities: 
(A) For the activities of the Deputy Under Secretary of 
Defense, Test and Evaluation: 
(i) $184,693,000 ($173,479,000) for fiscal year 1988. 
(ii) $175,244,000 for fiscal year 1989. 
(B) For the Director of Operational Test and Evaluation: 
(i) $91,221,000 for fiscal year 1988. 
(ii) $104,221,000 for fiscal year 1989. 
SEC. 202. LIMITATION ON FUNDS FOR THE ARMY 
(a) AAWS-M A
N
D MILAN II PROGRAMS.—(1) Of the funds appro-
priated pursuant to section 201 for the Army for fiscal year 1988, not 
more than $18,000,000 may be obligated for the Advanced Anti-Tank 
Weapon System-Medium (AAWS-M) program until the Secretary of 
the Army certifies to the Committees on Armed Services of the 
Senate and the House of Representatives that the Army has com-
pleted the Milan II evaluation. 
101 STAT. 1046 
PUBLIC LAW 100-180—DEC. 4, 1987 
Reports. 
Research and 
development. 
Reports. 
(2) For purposes of paragraph (1), the term "Milan II evaluation" 
means evaluation of the Milan II system as an interim alternative 
medium-range anti-tank weapons system, as directed in the joint 
explanatory statement of the committee of conference accompany-
ing the conference report on House Joint Resolution 738 (House 
Report 99-1005, page 555). Such evaluation shall be based on full 
operational testing of the Milan II system. 
(b) ANTI-TACTICAL MISSILE SYSTEMS.—Of the funds appropriated 
pursuant to section 201 for the Army for fiscal year 1988, 
$26,501,000 shall be available for the anti-tactical missile system 
program, of which $10,000,000 shall be available only for the devel-
opment of a capability to enable the Patriot and Hawk air defense 
systems for the anti-tactical missile role to exchange data and to 
otherwise communicate. 
(c) CHEMICAL WEAPONS CONVENTION COMPLIANCE MONITORING 
PROGRAM.—Of the funds appropriated for the Army for fiscal year 
1988 for research, development, test, and evaluation, $6,800,000 
shall be available only to conduct a program to develop and dem-
onstrate compliance monitoring capabilities in support of the 
Convention on the Prohibition of Chemical Weapons proposed by 
the United States in the Conference on Disarmament. 
(d) STINGER ELECTRONIC SECURITY SYSTEM.—Of the funds appro-
priated for the Army for fiscal year 1988 for research, development, 
test, and evaluation, $3,000,000 shall be available only for purposes 
of demonstrating and testing alternative electronic safety devices 
that can be installed or retrofitted on Stinger air defense missiles in 
both the basic Stinger configuration and the reprogrammable 
microprocessor configuration. The Secretary of the Army shall 
summarize the results of the demonstration and testing on the basic 
Stinger configuration and submit a report to Congress on such 
summary not later than July 1, 1988, and shall summarize the 
results of the demonstration and testing on the reprogrammable 
microprocessor configuration and submit a report to Congress on 
such summary not later than January 1,1989. 
(e) RIFLE-LAUNCHED MUNITIONS.—Of the funds appropriated to the 
Army pursuant to section 201 of the National Defense Authorization 
Act for Fiscal Year 1987 (Public Law 99-661), $11,827,000 may be 
obligated only for a lighweight rifle-launched anti-armor munitions 
program approved by the Assistant Secretary of Defense for Special 
Forces and Low Intensity Conflict. 
SEC. 203. LIMITATION ON FUNDS FOR THE NAVY 
(a) A-6 AIRCRAFT CONFIGURATION.—None of the funds appro-
priated pursuant to section 201 for research, development, test, £ind 
evaluation for the Navy may be obligated or expended for the 
purpose of configuring the A-6 aircraft in the F model configuration 
(as described in connection with the A-6E/A-6F aircraft program in 
the Selected Acquisition Report submitted to Congress for the quar-
ter ending December 31,1986). 
(b) PROHIBITION ON TESTING ELECTROMAGNETIC PULSE IN CHESA-
PEAKE BAY.—During fiscal year 1988, the Secretary of the Navy may 
not carry out an electromagnetic pulse program in the Chesapeake 
Bay area in connection with the Electromagnetic Pulse Radiation 
Environment Simulator Program for ships (EMPRESS). 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1047 
SEC. 204. LIMITATION ON FUNDS FOR THE AIR FORCE 
(a) MISCELLANEOUS LIMITATIONS.—Of the funds appropriated 
pursuant to section 201 for the Air Force for fiscal year 1988— 
(1) $15,000,000 shall be available only for Non-Acoustic Anti-
submarine Warfare related activity; 
(2) $50,000,000 shall be available only for the Pave Tiger 
program; and 
(3) $94,967,000 shall be available only for the Manufacturing 
Technology (MANTECH) program, of which $10,000,000 shall be 
available only for programs associated with the revitalization of 
the United States machine tool industry. 
GD) F-4D AIR DEFENSE AIRCRAFT.—The Secretary of the Air Force 
may spend not more than $30,000,000 to complete development of a 
derivative of the F-4D aircraft for the air defense mission. Funds to 
be used for such purpose are funds appropriated to the Air Force for 
fiscal year 1985 for research, development, test, and evaluation but 
not authorized. 
SEC. 205. LIMITATION ON FUNDS FOR DEFENSE AGENCIES 
(a) SPECIFIED ACTIVITIES.—Of the funds appropriated pursuant to 
section 201 for the Defense Agencies for fiscal year 1988— 
(1) $288,000,000 shall be available only to the Defense Ad-
vanced Research Projects Agency for Strategic Technology, of 
which— 
(A) $5,500,000 shall be available only for optical processor 
(B) $50,000,000 shall be available only for the Light Sat 
program, and 
^ 
(C) $4,000,000 shall be available only for the Amos Large 
Optical System program; 
(2) $15,000,000 shall be available only for X-Ray lithography 
(3) $5,000,000 shall be available only for the Rankine Cycle 
Energy Recovery (RACER) system. 
0}) LANDSAT PROGRAM.—Of the funds appropriated or otherwise 
made available to the Defense Agencies for research, development, 
test, and evaluation for fiscal years 1988 and 1989, funds shall be 
provided to the Assistant Secretary of Defense for Command, Con-
trol, Communications, and Intelligence to be used for LANDSAT 
data acquisition and for development of LANDSAT satellites num-
bers 6 and 7 (including launch costs) as follows: 
(1) For fiscal year 1988, $15,000,000. 
(2) For fiscal year 1989, $45,000,000. 
(c) UNIVERSITY RESEARCH INITIATIVES.—Of the funds appropriated 
pursuant to section 201 for the Defense Agencies— 
(1) $190,000,000 ($185,000,000) shall be available only for the 
University Research Initiatives (URI) program in fiscal year 
1988, of which $25,000,000 is for the Defense Agencies for the 
Defense University Instrimientation Program; and 
(2) $210,000,000 shall be available only for that program in 
fiscal year 1989. 
(d) BIOENVIRONMENTAL HAZARDS RESEARCH.—Of the funds appro-
priated pursuant to section 201, not more than $33,000,000 
($25,000,000) may be obligated through the Office of the Under 
Secretary of Defense for Acquisition for bioenvironmental hazards 
research activities at universities (including amounts for associated 
facilities and other related purposes). 
101 STAT. 1048 
PUBLIC LAW 100-180—DEC. 4, 1987 
"^t 
10 use 2431 
note. 
President of U.S. 
Union of Soviet 
Socialist 
Republics. 
Research and 
development. 
SEC. 206. FUNDING FOR TECHNOLOGY BASE PROGRAMS FOR FISCAL 
YEAR 1988 
" Of the funds appropriated pursuant to section 201, the following 
amounts are available only for technology base programs: 
(1) For the Army: 
(A) $764,862,000 of funds authorized for fiscal year 1988. 
(B) $839,852,000 of funds authorized for fiscal year 1989. 
(2) For the Navy: 
(A) $748,781,000 of funds authorized for fiscal year 1988. 
(B) $832,587,000 of funds authorized for fiscal year 1989. 
(3) For the Air Force: 
(A) $773,220,000 ($761,992,000) of funds authorized for 
fiscal year 1988. 
,7 
(B) $839,444,000 of funds authorized for fiscal year 1989. 
' 
(4) For the Defense Agencies: 
' *' ' 
(A) $1,186,430,000 ($1,181,430,000) of funds authorized for 
fiscal year 1988. 
(B) $838,918,000 of funds authorized for fiscal year 1989. 
SEC. 207. FUNDS FOR COOPERATIVE PROJECTS WITH MAJOR NON-NATO 
ALLIES 
Of the funds appropriated pursuant to the authorizations of 
appropriations for fiscal year 1988 in section 201, up to $40,000,000 
shall be available for cooperative research and development projects 
with major non-NATO allies under section 1105 of the National 
Defense Authorization Act for Fiscal Year 1987 (Public Law 99-961), 
SEC. 208. ONE-YEAR UNITED STATES MORATORIUM ON TESTING ANTI-
SATELLITE WEAPONS 
(a) TESTING MORATORIUM.—The Secretary of Defense may not 
carry out a test of the Space Defense System (antisatellite weapon) 
involving the F-15 launched miniature homing vehicle against an 
object in space until the President certifies to Congress that the 
Soviet Union has conducted, after the date of the enactment of this 
Act, a test against an object in space of a dedicated antisatellite 
weapon. 
(b) EXPIRATION.—The prohibition in subsection (a) expires on Octo-
ber 1,1988. 
PART B—PROGRAM POUCIES 
- . » 
SEC. 211. NAVY ATTACK SUBMARINE PROGRAM 
(a) ADVANCED SUBMARINE TECHNOLOGY,—(1) There is hereby 
established an Advanced Submarine Technology Program to be 
carried out by the Secretary of Defense through the Director, De-
fense Advanced Research Projects Agency. In c a n i n g out the 
program, the Director shall conduct research, development, test, and 
evaluation of advcmced submarine technology that may be applied 
to submarines of the SSN-688 class, SSN-21 class, or other classes of 
submarines. Technology to be examined through the program in-
cludes technology relating to polymers, compliant coating, propul-
sion, techniques for hull drag reduction, materials, weapon control 
systems, acoustic and nonacoustic signature reduction, and sensors. 
(2) The objective of the program shall be to obtain prototype 
hardware of promising submarine technologies in the shortest pos-
sible time. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1049 
(3) Of the funds appropriated or otherwise made available to the 
Navy for fiscal year 1988 for research, development, test, and 
evaluation, $100,000,000 shall be made available to the Director, 
Defense Advanced Research Projects Agency for the advsmced sub-
marine technology program. The Secretary of Defense shall make 
such amount available to the Director within 30 days after enact-
ment of a law making appropriations for fiscal year 1988 for re-
search, development, test, and evaluation for the Navy. 
Ot)) REPORT REQUIREMENT.—(1) Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report setting forth a detailed plan for 
the conduct of the program. The report shall include— 
(A) information on the technologies to be studied and 
developed, 
(B) milestones for significant achievements, 
(C) plans for prototype hardware development, and 
(D) a description of anticipated costs. 
(2) Not later than six months after the submission of the report 
required by paragraph (1), the Secretary of Defense shall submit a 
report updating the information in the initial report, including any 
additional information the Secretary considers appropriate to the 
conduct of the program. 
(c) LIMITATION ON FUNDS.—None of the funds appropriated pursu- Reports. " >
*
^ 
ant to this or any other Act for the research and development of the 
SSN-21 Seawolf Attack Submarine program may be obligated or 
expended during any period of time in which a report required by 
subsection O
t
>
) is overdue. 
(d) CONCEPT STUDIES FOR S S N - 6 8 8 IMPROVEMENT.—Of the funds 
appropriated pursuant to section 201 for the Navy for fiscal year 
1988, $13,000,000 shall be available only for concept and design 
studies, together with cost estimates, for accomplishing the follow-
ing on SSN-688 Los Angeles class submarines: 
(1) Providing greater operational/tactical and maximum 
speed than the present SSN-688 class submarine. 
(2) Using HY-100 steel to permit greater operational depths. 
(3) Providing greater acoustic and nonacoustic quieting. 
(4) Providing greater weapons carrjdng capacity than either 
the SSN-688 submarine or the proposed SSN-21 submarine. 
(e) INDEPENDENT STUDIES.—The Secretary of Defense shall obtain 
Reports. 
an independent concept study in accordance with subsection (d) from 
two qualified independent shipbuilders and shall provide the results 
of the Navy concept study and of the shipbuilders' studies, together 
with development and deplo3anent schedules and cost estimates 
under each, to the Committees on Armed Services of the Senate and 
House of Representatives not later than March 1,1988. 
SEC. 212. ADVANCED TACTICAL FIGHTER AIRCRAFT 
None of the funds appropriated for fiscal year 1988 or otherwise 
made available may be obligated for development of the Advanced 
\ 
- "' "'> 
Tactical Fighter aircraft program until— 
' '"^'^"^ ' "
^ ' 
(1) the Secretary of the Navy certifies to the Secretary of 
Defense that the prototype aircraft designs are capable of 
i 
accepting all physical and structural modifications necessary to 
%_ 
satisfy fully the requirements of the Navy concerning carrier 
"'^ 
catapults and arresting gear, and 
101 STAT. 1050 
PUBLIC LAW 100-180—DEC. 4, 1987 
Reports. 
j-h 
Research and 
development. 
Union of Soviet 
Socialist 
Republics. 
(2) the Secretary of Defense submits to the Committees on 
Armed Services and Appropriations of the Senate and House of 
Representatives a copy of the certification under paragraph (1) 
and certifies that a major source selection criteria for full scale 
development and production will be the extent to which the 
contractor's proposals for the Navy-variant of the advanced 
tactical fighter meets fully the requirements of the Navy. 
SEC. 213. ELECTRONIC WARFARE PROGRAMS 
(a) FUNDING.—Of the funds appropriated or otherwise made avail-
able to the Department of Defense for research, development, test, 
and evaluation for fiscal year 1988, not more than $539,235,000 
($482,472,000) may be used for electronic warfare programs as pro-
vided in subsection OD). 
O
b
) ALLOCATION OF FUNDS.—The Secretary of Defense shall allo-
cate among the military departments funds appropriated for fiscal 
year 1988 for electronic warfare programs as follows: 
(1) For the 
Department 
of the 
Army, 
$103,804,000 
($92,877,000). 
(2) For the 
Department 
of the 
Navy, 
$235,946,000 
($211,109,000). 
(3) For the Department of the Air Force, $199,485,000 
($178,486,000). 
(c) SUBMISSION OF MASTER PLAN.—Not later than March 1, 1988, 
the Secretary of Defense, acting through the Under Secretary of 
Defense for Acquisition, shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report setting 
forth a detailed master plan for electronic warfare programs. Such 
plan shall— 
(1) describe joint service electronic warfare programs that will 
satisfy electronic warfare requirements against the current and 
future threat; and 
(2) identify those electronic warfare systems that will be 
terminated. 
SEC. 214. CONVENTIONAL DEFENSE INITIATIVE 
(a) IN GENERAL.—In this Act, Congress continues the program of 
Conventional Defense Initiatives begun in the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661) for the 
purposes stated in section 221 of that Act (100 Stat. 3845). 
(b) ARMY.—Of the funds appropriated pursuant to section 201 for 
the Army for fiscal year 1988, $48,100,000 shall be available only for 
the Conventional Defense Initiative. 
(c) NAVY.—Of the funds appropriated pursuant to section 201 for 
the Navy for fiscal year 1988, $51,100,000 ($46,100,000) shall be 
available only for the Conventional Defense Initiative. 
(d) AIR FORCE.—Of the funds appropriated pursuant to section 201 
for the Air Force for fiscal year 1988, $9,600,000 shall be available 
only for the Conventional Defense Initiative. 
SEC. 215. BALANCED TECHNOLOGY INITIATIVE 
(a) PURPOSE.—It is the purpose of this section to authorize funds 
for the Balanced Technology Initiative program. 
(b) PROGRAM Focus.—The focus of the Balanced Technology Ini-
tiative program shall be on the development of innovative concepts 
and methods of enhancing conventional defense capabilities, includ-
ing the development of concepts and methods to take full advantage 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1051 
of the technological superiority of the United States and its allies as 
a means of increasing the rate of obsolescence of equipment, 
doctrine, and tactics of the Soviet Union and other Warsaw Pact 
countries. Such development shall give particular emphasis to the 
following: 
(1) Armor/anti-armor initiatives. 
(2) Defenses against armed helicopters. 
(3) Hjrpervelocity missiles for ground combat use. 
(4) Defense against anti-ship missiles, including those with 
"stealth" characteristics. 
(5) "Smart" mines for both land and ocean warfare. 
(6) Lightweight, air transportable vehicles with anti-armor 
capabilities for rapid transport to remote areas. 
(7) Improved conventional anti-submarine warfare munitions. 
(8) "Smart" standoff munitions and submunitions for delivery 
outside of lethal air defense ranges. 
(c) AMOUNTS AUTHORIZED.—(1) Of the amounts appropriated 
pursuant to section 201 for fiscal year 1988— 
(A) not less than $300,000,000 ($275,000,000) shall be obligated 
only for research and development in connection with those 
programs, projects, and activities initiated pursuant to section 
222 of the National Defense Authorization Act for Fiscal Year 
1987 (Public Law 99-661; 100 Stat. 3845); and 
(B) not less than $200,000,000 shall be obligated only for 
research and development under the Balanced Technology Ini-
tiative and shall be used only for new and innovative programs, 
projects, and activities that have not been designated for fund-
ing under that section. 
(2) Of the amounts appropriated pursuant to section 201 for fiscal 
year 1989, not less than $300,000,000 shall be obligated for research 
and development in connection with the Balanced Technology 
Initiative. 
(d) RELATIONSHIP TO CONVENTIONAL DEFENSE INITIATIVE.—The 
Conventional Defense Initiative provided for in section 221 of the 
National Defense Authorization Act for Fiscal Year 1987 (Public 
Law 99-661; 100 Stat. 3845) and for which funds are authorized by 
section 214 is not an element of the Balanced Technology Initiative. 
Funds made available for the purpose of this section may not be 
obligated for any program, project, or activity of the Conventional 
Defense Initiative. 
SEC. 216. MILESTONE AUTHORIZATIONS 
(a) ARMY TACTICAL MISSILE SYSTEM.—(1) Of the simounts appro-
priated for the Army for research, development, test, and evaluation 
for fiscal years 1988 and 1989, $112,208,000 ($102,208,000) of the 
amount appropriated for fiscal year 1988 and $86,618,000 of the 
amount appropriated for fiscal year 1989 may be obligated only for 
the Army Tactical Missile System program. 
(2) The sum of $49,000,000 is hereby authorized to be appropriated 
for the Army for fiscal year 1990 for research, development, test, 
and evaluation in connection with the Army Tactical Missile System 
program. 
(b) TRIDENT II MISSILE.—(1) Of the amounts appropriated for the 
Navy for research, development, test, and evaluation for fisc£d years 
1988 and 1989, $1,073,463,000 ($1,048,463,000) of the amount appro-
priated for fiscal year 1988 and $581,740,000 of the amount appro-
priated for fiscal year 1989 may be obligated only for the Trident II 
91-194 O - 90 - 3 : QL.3 Part 2 
101 STAT. 1052 
PUBLIC LAW 100-180—DEC. 4, 1987 
Union of Soviet 
Socialist 
Republics. 
missile program. In achieving any undistributed reduction required 
to be made in programs, projects, or activities for which funds have 
been appropriated to the Department of Defense for fiscal year 1988, 
no reduction may be made in the amount of funds available for the 
program described in the preceding sentence. 
(2) Funds are hereby authorized to be appropriated for the Navy 
for research, development, test, and evaluation of the Trident II 
missile program as follows: 
.i- 
(A) For fiscal year 1990, $338,300,000. 
(B) For fiscal year 1991, $164,700,000. 
(C) For fiscal year 1992, $103,000,000. 
(c) T-45 TRAINING SYSTEM.—(1) Of the amounts appropriated for 
the Navy for research, development, test, and evaluation for fiscal 
years 1988 and 1989, $96,015,000 of the amount appropriated for 
fiscal year 1988 and $87,822,000 of the amount appropriated for 
fiscal year 1989 may be obligated only for the T-45 Training System 
program. 
(2) Funds are hereby authorized to be appropriated for the Navy 
for research, development, test, and evaluation of the T-45 Training 
System program as follows: 
(A) For fiscal year 1990, $23,700,000. 
(B) For fiscal year 1991, $24,000,000. 
(d) APPUCATION OF SECTION 2437 OF TITLE 10.—Programs referred 
to in subsections (a) through (c) are defense enterprise programs for 
the purpose of section 2437 of title 10, United States Code. 
SEC. 217. ANTI-TACTICAL BALLISTIC MISSILE SYSTEMS AND EXTENDED 
AIR DEFENSE 
(a) DEMONSTRATION PROJECTS UNDER S D I PROGRAM.—(1) Of the 
funds appropriated or otherwise made available to the Department 
of Defense for the Strategic Defense Initiative program for fiscal 
year 1988, $50,000,000 shall be available only for experiments, dem-
onstration projects, and development relating to anti-tactical ballis-
tic missile (AT^M) sjrstems. 
(2) Such projects shall be conducted on a matching fund coopera-
tive program basis with United States allies that have signed Memo-
randa of Understanding (MOU's) for participation in the Strategic 
Defense Initiative program. 
(3) Any system developed under this subsection shall be designed 
to be no less capable than the SA-X-12 system of the Soviet Union. 
(b) EXTENDED AIR DEFENSE.—(1) Of the funds appropriated to the 
Army pursuant to section 201, $25,000,000 may be obligated only 
upon approval by the Director of Defense Research and Engineering 
for the purpose of research and development in connection with 
anti-tactical missile systems or extended air defense systems. 
(2) If any such funds are made available to a firm in an allied 
country, such funds shall be available for obligation only after the 
Secretary of Defense enters into a cooperative program with that 
country for that purpose. 
SEC. 218. HIGH-TEMPERATURE SUPERCONDUCTIVITY PROGRAM 
(a) AUTHORIZATION.—(1) Of the funds appropriated or otherwise 
made av^able to the Department of Defense pursuant to section 
201 for research, development, test, and evaluation, $60,520,000 of 
the amount appropriated for fiiscal year 1988 and $60,520,000 of the 
amount appropriated for fiscal year 1989 may be obligated only for 
•'SI ...J,w 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1053 
research and development relating to superconductivity at high 
critical temperatures. 
(2) Of the amount that may be obligated under paragraph (1), 
$10,520,000 in the case of fiscal year 1988, and $10,520,000 in the 
case of fiscal year 1989, may be obligated only for support of 
research and development activities that— 
(A) are conducted under the superconductor program of the 
Defense Advanced Research Projects Agency of the Department 
of Defense or under the superconductor program of any other 
entity involved in superconductor research and development; 
and 
(B) accelerate advanced development of superconductor tech-
nology to support the Electric Drive program of the Department 
of Defense. 
(b) ADMINISTRATIVE PROVISIONS.—(1) The Secretary of Defense 
shall determine, with respect to the amounts appropriated or other-
wise made available to the Army, Navy, Air Force, and Defense 
Agencies pursuant to section 201 for research, development, test, 
and evaluation for each of fiscal years 1988 and 1989, the amount to 
be derived from the Army, Navy, Air Force, and each of the Defense 
Agencies in each such fiscal year to carry out the high-temperature 
superconductivity research and development activities of the 
Department of Defense under this section. 
(2) The Secretary of Defense, acting through the Under Secretary 
of Defense for Acquisition, shall— 
(A) coordinate the research and development activities of the 
Department 
of 
Defense 
relating 
to 
high-temperature 
superconductivity; and 
(B) ensure that such research and development— 
(i) is carried out in coordination with the high-tempera-
ture superconductivity research and development activities 
of the Department of Energy (including the national labora-
tories of the Department of Energy), the National Science 
Foundation, the National Bureau of Standards, and the 
National Aeronautics and Space Administration; and 
(ii) complements rather than duplicates such activities. 
(c) TECHNOLOGY TRANSFER TO PRIVATE SECTOR.—(1) The Secretary 
of Defense, acting through the Under Secretary of Defense for 
Acquisition, shall take appropriate action to ensure that high-
temperature superconductivity technology resulting from the re-
search activities of the Department of Defense is transferred to the 
private sector. Such transfer shall be made in accordance with 
section 10(e) of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3710(e)), other applicable provisions of law, and 
Executive Order Number 12591, dated April 10,1987. 
(2) The Secretary of Energy, in consultation with the Under 
Secretary of Defense for Acquisition, shall ensure that the national 
laboratories of the Department of Energy participate, to the maxi-
mum appropriate extent, in the transfer to the private sector of 
technology 
developed 
under 
the 
Department 
of 
Defense 
superconductivity program in the national laboratories. 
SEC. 219. TRAINING IN ADVANCED MANUFACTURING TECHNOLOGIES 
(a) FUNDS FOR PURCHASE AND INSTALLATION OF EQUIPMENT.—Of 
the funds appropriated pursuant to section 201, not more than 
$31,000,000 ($25,000,000) of the amount appropriated for fiscal year 
1988, and not more than $31,000,000 of the amount appropriated for 
Research and 
development. 
10 use 2364 
note. 
10 use 2363 
note. 
Research and 
development. 
101 STAT. 1054 
PUBLIC LAW 100-180—DEC. 4, 1987 
fiscal year 1989, may be obligated for the purchase of high tech-
nology manufacturing equipment and the installation of such equip-
ment in a private, nonprofit center for advemced technologies for the 
purpose of training, in a production facility, machine tool operators 
in skills critical to the defense technology base to build, operate, and 
maintain such equipment. 
Qoi) REQUIREMENTS.—Funds may not be obligated for the purpose 
described in subsection (a) until— 
(1) the Secretary of Defense, the Secretary of Commerce, the 
i Secretary of Labor, and the Secretary of Education enter into a 
memorandum of understanding concerning the participation of 
-
^ their respective departments in a project to demonstrate the 
* training of machine technicians in a production facility; 
(2) the Secretary of Defense approves the obligation of such 
funds for such purpose; and 
Reports. 
(3) a period of 60 days elapses after the Secretary of Defense 
® submits to the Committees on Armed Services of the Senate and 
- the House of Representatives a report that sets forth a detailed 
^- explanation of proposed Federal expenditures, a description of 
J the cost-sharing arrangements between the Government agen-
'f 
cies concerned and the private sector, and a description of how 
'* the proposed program furthers the industrial and technological 
. 
goals of the Department of Defense. 
SEC. 220. SENSE OF CONGRESS ON STRATEGIC MISSILE MODERNIZATION 
PROGRAMS 
(a) FINDINGS.—The Congress makes the following findings: 
(1) It is essential that the nation's defense priorities be care-
fully analyzed so as to properly fund the Armed Forces. 
(2) The capabilities of the conventional forces of the United 
States £ind its allies will become more important if an agree-
ment with respect to intermediate-range nuclear forces (INF) is 
,
^ concluded between the United States and the Soviet Union. 
(3) It is both desirable and possible to reduce the reliance of 
- the North Atlantic Treaty Organization on nuclear weapons for 
;. J 
. . . 
the defense of all members of the alliance if the member nations 
.. of the alliance assert the political will to reduce such reliance 
and establish sound defense priorities. 
•.KTi>; 
.. 
(4) The United States is currently procuring and deplo3dng 
., one land-based intercontinental ballistic missile system (the MX 
, system) at significant cost while developing another such 
system (the so-called Midgetman system) at significant addi-
', tional cost. 
(5) Efforts to reduce the Federal budget deficit, which are 
\-y imperative for the economic well being of the United States, 
will continue for the foreseeable future to require limits on all 
discretionary Federal spending, including defense spending. 
Research and 
(b) SENSE OF CONGRESS.—In light of the findings in subsection (a), 
development. 
jt is the sense of Congress that the authorization of funds in this Act 
for research and development for both the new small mobile inter-
continental ballistic missile (commonly known as the "Midgetman" 
missile) and the proposed rail-mobile basing mode for the MX 
missile does not constitute a commitment or express an intent by 
Congress to provide funds to procure and deploy the Midgetmsm 
missile or to deploy any MX missiles in a rail-mobile basing mode or 
both. 
- - 
^ 
Union of Soviet 
Socialist 
Republics. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1055 
PART C—STRATEGIC DEFENSE INITIATIVE 
Subpart 1—SDI Funding and Program Limitations and 
Requirements 
SEC. 221. FISCAL YEAR 1988 FUNDING LEVEL FOR THE STRATEGIC 
DEFENSE INITIATIVE 
(a) AMOUNT AUTHORIZED.—Of the amounts appropriated pursuant 
to section 201 or otherwise made available to the Department of 
Defense for research, development, test, and evaluation for fiscal 
year 1988, not more than $3,621,000,000 may be obligated for the 
^'l 
Strategic Defense Initiative. 
0)) SPECIFIED ACTIVITIES.—Of the funds available for the Strategic 
Defense Initiative program under subsection (a)— 
(1) $27,000,000 shall be available only for a classified laser 
program; 
(2) $15,000,000 shall be available only for medical applications 
of the free electron laser program for medical research and 
material; and 
(3) $17,000,000 is available for defense-wide mission support 
for the Strategic Defense Initiative. 
(c) DEFENSE-WIDE MISSION SUPPORT.—Of the amount appropriated 
for Defense Agencies for fiscal year 1987, $16,000,000 may be used 
for defense-wide mission support for the Strategic Defense Initiative. 
SEC. 222. PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES 
10 USC 2431 
(a) SDI CONTRACTS WITH FOREIGN ENTITIES.—Funds appropriated 
to or for the use of the Department of Defense may not be used for 
the purpose of entering into or carrying out any contract with a 
foreign government or a foreign firm if the contract provides for the 
conduct of research, development, test, or evaluation in connection 
with the Strategic Defense Initiative program. 
(b) TEMPORARY SUSPENSION OF PROHIBITION UPON CERTIFICATION 
OF THE SECRETARY OF DEFENSE.—The prohibition in subsection (a) 
shall not apply to a contract in any fiscal year if the Secretary of 
Defense certifies to Congress in writing at any time during such 
fiscal year that the research, development, testing, or evaluation to 
be performed under such contract cannot be competently performed 
by a United States firm at a price equal to or less than the price at 
which the research, development, testing, or evaluation would be 
performed by a foreign firm. 
(c) EXCEPTIONS FOR CERTAIN CONTRACTS.—The prohibition in 
subsection (a) shall not apply to a contract awarded to a foreign 
government or foreign firm if— 
(1) the contract is to be performed within the United States; 
(2) the contract is exclusively for research, development, test, 
or evaluation in connection with antitactical ballistic missile 
systems; or 
(3) that foreign government or foreign firm agrees to share a 
substantial portion of the total contract cost. 
(d) DEFINITIONS.—In this section: 
(1) The term "foreign firm" means a business entity owned or 
controlled by one or more foreign nationals or a business entity 
in which more than 50 percent of the stock is owned or con-
trolled by one or more foreign nationals. 
(2) The term "United States firm" means a business entity 
other than a foreign firm. 
101 STAT. 1056 
PUBLIC LAW 100-180—DEC. 4, 1987 
(e) TRANSITION.—The prohibition in subsection (a) shall not apply 
to a contract entered into before the date of the enactment of this 
Act. 
10 use 2431 
SEC. 223. LIMITATION ON TRANSFER OF SDI TECHNOLOGY TO SOVIET 
note. 
UNION 
Military technology developed with funds appropriated or other-
wise made available for the Strategic Defense Initiative may not be 
transferred, or made available for transfer, to the Soviet Union by 
the United States (or with the consent of the United States) unless— 
President of U.S. 
(1) the President determines, and certifies to Congress, that 
the transfer is in the national interest of the United States and 
:j,_:^,. is to be made for the purpose of maintaining peace; and 
(2) Congress approves that 
determination 
by a joint 
resolution. 
10 use 2431 
SEC. 224. SDI ARCHITECTURE TO REQUIRE HUM4N DECISION MAKING 
No ^ency of the Federal Government may plan for, fund, or 
otherwise support the development of command and control systems 
for strategic defense in the boost or post-boost phase against ballistic 
missile threats that would permit such strategic defenses to initiate 
the directing of damaging or lethal fire except by affirmative human 
decision at an appropriate level of authority. 
SEC. 225. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYS-
h u 
••:-'• 1 
TEMS OR COMPONENTS 
"'^'' 
(a) USE OF FUNDS.—(1) Funds appropriated to the Department of 
Defense for fiscal year 1988, or otherwise made available to the 
Department of Defense from any funds appropriated for fiscal year 
1988 or for any fiscal year before fiscal year 1988, shall be subject to 
the limitations prescribed in paragraph (2). 
(2) The funds described in paragraph (1) may not be obligated or 
expended— 
(A) for any development or testing of anti-ballistic missile 
systems or components except for development and testing 
consistent with the development and testing described in the 
April 1987 SDIO Report; or 
(B) for the acquisition of any material or equipment (includ-
ing any long lead materials, components, piece parts, test equip-
€M ment, or any modified space launch vehicle) required or to be 
used for the development or testing of anti-ballistic missile 
jii 
systems or components, except for material or equipment re-
quired for development or testing consistent with the develop-
ment and testing described in the April 1987 SDIO Report. 
(3) The limitation under paragraph (2) shall not apply to funds 
tr£uisferred to or for the use of the Strategic Defense Initiative for 
fiscal year 1988 if the transfer is made in accordance with section 
1201 of this Act and any comparable provision in legislation appro-
priating funds for military functions of the Department of Defense 
for fiscal year 1988. 
(b) DEFINITION.—As used in this section, the term "April 1987 
SDIO Report" means the report entitled "Report to Congress on the 
S t r a t ^ c Defense Initiative", dated April 1987, prepared by the 
S t r a t ^ c Defense Initiative Organization and submitted to certain 
committees of the Senate and House of Representatives pursuant to 
section 1102 of the Department of Defense Authorization Act, 1985 
(PubUc Law 98-525; 10 U.S.C. 2431 note) 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1057 
SEC. 226. PROHIBITION ON DEPLOYMENT OF ANTI-BALLISTIC MISSILE 
10 USC 2431 
SYSTEM UNLESS AUTHORIZED BY LAW 
note. 
The Secretary of Defense may not deploy any anti-ballistic missile 
system unless such deployment is specifically authorized by law 
srfter the date of the enactment of this Act. 
> ac^M 
SEC. 227. ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH AND 
10 USC 2431 
DEVELOPMENT 
CENTER 
TO 
SUPPORT 
THE 
STRATEGIC 
note. 
DEFENSE INITIATIVE PROGRAM 
(a) FINDINGS.—The Congress makes the following findings: 
(1) The Department of Defense requires technical support for 
issues of system integration related to the Strategic Defense 
Initiative program. 
(2) The Strategic Defense Initiative Organization, after assess-
ing alternative types of organizations for the provision of such 
technical support to the Strategic Defense Initiative program 
(including Government organizations, profit and nonprofit enti-
ties (including existing federally funded research and develop-
ment centers), a new division within an existing 
federally 
funded 
research 
and development 
center, a new 
federally 
funded research and development center, colleges and univer-
sities, and private nonprofit laboratories), determined that a 
new federally funded research and development center (herein-
after in this section referred to as an "FFRDC") would be the 
&34rjitm:> 
type of organization most appropriate for the provision of such 
technical support to the Strategic Defense Initiative program. 
(3) In providing such technical support to the SDI program, 
the new FFRDC should provide critical evaluation and rigorous 
and objective analysis of technologies, systems, and architec-
tures that are candidates for use in the SDI program. 
(4) Competitive selection of a contractor to establish and 
operate such an FFRDC to support the Strategic Defense Initia-
tive program is one way to enhance the prospects for independ-
ent and objective evaluation of system integration issues within 
the Strategic Defense Initiative program. 
(b) AUTHORITY TO CONTRACT FOR FFRDC.—The Secretary of De-
fense, using funds appropriated to the Department of Defense for 
the Strategic Defense Initiative program, may enter into a contract 
to provide for the establishment and operation of a federally funded 
research and development center to provide independent and objec-
tive technical support to the Strategic Defense Initiative program. 
Such a contract may not be awarded before October 1,1989. 
(c) CONTRACT AWARD REQUIREMENTS.^!) A contract under 
subsection (b) shall be awarded using competitive procedures which 
emphasize cost considerations. 
(2) The Secretary of Defense shall solicit proposals for such con-
tract from existing federally funded research and development cen-
ters, from universities, from commercial entities, and 
from 
appropriate new organizations and shall make maximum efforts to 
obtain more than one proposal for such contract. 
(3) The Secretary shall submit the three best contract proposals 
(as determined by the Secretary), together with a copy of the 
proposed sponsoring agreement for the new FFRDC, for review by 
three persons designated by the Defense Science Board from a list of 
six or more persons submitted by the National Academy of Sciences. 
The persons performing the review— 
101 STAT. 1058 
PUBLIC LAW 100-180—DEC. 4, 1987 
•
^ "• 
(A) shall evaluate the extent to which each proposal and the 
proposed sponsoring agreement would foster competent and 
objective technical advice for the Strategic Defense Initiative 
Program; and 
Reports. 
(B) shall report their evaluation of each such proposal and of 
the proposed sponsoring agreement to the Secretary. 
(4) Before awarding a contract under subsection (b), and not 
sooner than March 30, 1989, the Secretary shall submit to 
Congress— 
(A) a copy of the proposed final contract; and 
(B) a copy of the proposed final sponsoring agreement relating 
to the operation of the new FFRDC. 
(5)(A) The Secretary shall then withhold the award of such con-
tract and the approval of such sponsoring agreement for a period of 
at least 30 days of continuous session of Congress beginning on the 
day after the date on which Congress receives the copies referred to 
in paragraph (4). 
(B) For purposes of subparagraph (A), the continuity of a session of 
Congress is broken only by an adjournment sine die at the end of the 
second regular session of that Congress. In computing the 30-day 
period for such purposes, days on which either House of Congress is 
not in session because of an adjournment of more than three days to 
a day certain shall be excluded. 
Contracts. 
(d) REQUIREMENTS APPUCABLE TO FFRDC.—The Secretary of 
Defense shall— 
(1) require that the contract referred to in subsection (b) 
include a provision stating that no officer or employee of the 
Department of Defense shall have the authority to veto the 
employment of any person selected to serve £is an officer or 
employee of the new FFRDC; 
(2) require that at least 5 percent of the total amount of funds 
available for the new FFRDC shall be set aside for independent 
research to be performed by the staff of the new FFRDC under 
the direction of the chief executive officer of the new FFRDC; 
(3) impose a limitation on the compensation payable to each 
" 
senior executive of the new FFRDC for services performed for 
the new FFRDC so that such compensation shall be comparable 
to the amount of compensation payable to senior executives of 
comparable federally funded research and development centers 
for similar services; 
(4) require that the new FFRDC publicly disclose the salary of 
its chief executive officer; 
(5) prohibit current or former members of the Strategic 
Defense Initiative Advisory Committee from serving as mem-
bers of the Board of Trustees of the FFRDC if such members 
constitute 10 or more percent of the Board of Trustees or from 
serving as officers of the new FFRDC; 
(6) require that the contract referred to in subsection (b) 
include a provision prohibiting members of such Board of Trust-
ees from serving as officers of the new FFRDC, except that a 
f '^ 
Board member may serve as the President of the new FFRDC if 
the Board is comprised of 10 or more members; 
(7) require that the contract referred to in subsection 0)) 
include a provision prohibiting the new FFRDC from employing 
any person who, as a Federal employee or member of the Armed 
Forces, served in the Strategic Defense Initiative Organization 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1059 
within two years before the date on which such person is to be 
employed by the new FFRDC; and 
(8) require that any contract referred to in subsection (b) 
require that the Board of Trustees of the new FFRDC be 
comprised of individuals who represent a reasonable cross-sec-
tion of views on the engineering and scientific issues associated 
with the Strategic Defense Initiative Program. 
(e) FUNDING.—The Secretary of Defense shall provide that all 
funds for the new FFRDC within the Department of Defense budget 
for any fiscal year shall be separately identified and set forth in the 
budget presentation materials submitted to Congress for that fiscal 
year. 
(f) SUNSET PROVISION.—No Federal funds may be provided to the 
new FFRDC after the end of the five-year period beginning on the 
date of the award of the first contract awarded to the FFRDC under 
this section. 
Subpart 2—Report Requirements 
SEC. 231. ANNUAL REPORT ON SDI PROGRAMS 
(a) IN GENERAL.—Not later than March 15, 1988, and March 15, 
1989, the Secretary of Defense shall transmit to Congress a report 
(in both an unclassified and a classified form) on the programs that 
constitute the Strategic Defense Initiative and on any other pro-
gram relating to defense against ballistic missiles. Each such report 
shall include the following: 
(1) A detailed description of each program or project included 
in the Strategic Defense Initiative (SDI) or which otherwise 
relates to defense against strategic ballistic missiles, including a 
technical evaluation of each such program or project and an 
assessment as to when each can be brought to the stage of full-
scale engineering development (assuming funding as requested 
or programmed). 
(2) A clear definition of the objectives of each phase of the 
Strategic Defense Initiative Organization plan approved by the 
Defense Acquisition Board. 
(3) An explanation of the relationship between each such 
objective and each program and project associated with the 
Strategic Defense Initiative or defense against strategic ballistic 
missiles. 
(4) The status of consultations with other member nations of 
the North Atlantic Treaty Organization, Japan, and other 
appropriate allies concerning research being conducted in the 
Strategic Defense Initiative program. 
(5) A statement of the compliance of the planned SDI develop-
ment and testing programs with existing arms control agree-
ments, including the Antiballistic Missile Treaty. 
(6) A review of possible countermeasures of the Soviet Union 
to specific SDI programs, an estimate of the time and cost 
required for the Soviet Union to develop each such counter-
measure, and an evaluation of the adequacy of the SDI 
programs 
described in the 
report 
to respond to such 
countermeasures. 
(7) Details regarding funding of programs and projects for the 
Strategic Defense Initiative, including— 
(A) the level of funding provided for the current fiscal 
year and for previous fiscal years for each program and 
10 use 2431 
note. 
North Atlantic 
Treaty 
Organization. 
Japan. 
Research and 
development. 
Union of Soviet 
Socialist 
Republics. 
101 STAT. 1060 
PUBLIC LAW 100-180—DEC. 4, 1987 
f:i V project in the Strategic Defense Initiative budgetary 
presentation materials provided to Congress; 
i ' 
(B) the amount requested to be appropriated for each 
' < 
such program and project for the next fiscal year; 
(C) the amount programmed to be requested for each such 
program and project for the following fiscal year; and 
(D) the amount required to reach the next significant 
'«^ 
milestone for each demonstration program and each major 
technology program. 
(8) Details on what Strategic Defense Initiative technologies 
can be developed or deployed within the next 5 to 10 years to 
defend against significant military threats and help accomplish 
critical military missions. The missions to be considered 
include— 
(A) defending elements of the Armed Forces abroad and 
United States allies against tactical ballistic missiles, 
particularly new and highly accurate Soviet shorter range 
ballistic missiles armed with conventional, chemical, or 
' 
"is^ 
nuclear warheads; 
*^ ,.^i 
(B) defending against an accidental launch of strategic 
ballistic missiles against the United States; 
(C) defending against a limited but militarily effective 
-* \' 
Soviet attack aimed at disrupting the National Command 
t ^. 
Authority or other valuable military assets; 
(D) providing sufficient warning and tracking informa-
tion to defend or effectively evade possible Soviet attacks 
<' 
against military satellites, including those in high orbits; 
(E) providing early warning and attack assessment 
information and the necessary survivable command, con-
trol, and communications to facilitate the use of United 
'-'•'^ 
States military forces in defense against possible Soviet 
conventional or strategic attacks; 
(F) providing protection of United States population from 
a Soviet nuclear attack; and 
,?„ ,. 
(G) any other significant near-term military mission that 
the 
application 
of SDI technologies might help to 
accomplish. 
(9) For each of the near-term military missions listed in 
, , ,, 
.,. y 
paragraph (8), the report shall include— 
, • ; 
(A) a list of specific program elements of the Strategic 
I.'. 
Defense Initiative that are pertinent to these applications; 
' 
' " 
(B) the Secretary's estimate of the initial operating 
'' 
capability dates for the architectures or systems to accom-
plish such missions; 
(C) the Secretary's estimate of the level of funding nec-
" • ' • ,._^j. 
essary for each program to reach those operating capability 
dates; and 
(D) the Secretary's estimate of the survivability and cost 
effectiveness at the margin of such architectures or systems 
against current and projected Soviet threats. 
(b) REPEALS.—Section 1102 of the Department of Defense 
Authorization Act, 1985 (10 U.S.C. 2431 note), and section 215 of the 
National Defense Authorization Act for Fiscal Year 1987 (Public 
Law 99-661; 100 Stat. 3843) are repealed. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1061 
SEC. 
2
3
2
. 
REPORT 
ON 
SDI 
DEVELOPMENT 
PLANS 
AND 
COSTS 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report on the total cost to develop, produce, 
deploy, operate, and maintain the ballistic missile defense system 
that would incorporate the technologies approved by the Secretary 
of Defense in authorizing proceeding into the demonstration/valida-
tion phase of the acquisition process. Should this system not be 
sufficiently defined, the system described in the 1987 report entitled 
"Report of the Technical Panel on Missile Defense in the 1990s", 
prepared by the George C. Marshall Institute, should be used as a 
basis for determining cost. 
O
t
>
) DEADUNE FOR REPORT; CLASSIFICATION.—The report under 
subsection (a) shall be submitted no later than six months after the 
date of the enactment of this Act and shall be submitted in unclassi-
fied form. 
SEC. 233. REPORT ON HOW ABSENCE OF THE ABM TREATY WOULD 
AFFECT STRATEGIC OFFENSIVE AND DEFENSIVE PROGRAMS 
(a) REPORT ON NO ABM TREATY LIMITATIONS.—The Secretary of 
Defense shall submit to Congress a report concerning what the 
effect would be on strategic offensive and defensive programs of the 
United States if there were no limitations on strategic defensive 
systems in force under the 1972 ABM Treaty. 
(b) MATTERS TO BE INCLUDED.—The report shall include the Research and 
following: 
development. 
(1) An analysis of the ramifications of there being no limita-
tion in force under the 1972 ABM Treaty on development under 
. 
. the Strategic Defense Initiative (SDI) program of strategic de-
fenses, including comprehensive strategic defense systems and 
more limited defenses designed to protect vital military and 
command and control assets of the United States. 
(2) A comparison O^ased on the analysis made under para-
graph (1)) of the research and development programs that could 
be pursued under the SDI program under the limitations ap-
*^' 
plicable under the restrictive interpretation of the 1972 ABM 
Treaty, under the less restrictive interpretation of such treaty, 
and under a case in which there were no such limitations, 
including a comparative analysis of— 
(A) the overall cost of such research and development 
programs; 
(B) the schedule of such research and development pro-
grams; and 
(C) the level of confidence attained in such research and 
development programs with respect to supporting a deci-
sion to commence full-scale engineering development under 
such programs in the early-to-mid 1990s. 
(3) A list of options for the SDI program, assuming that there 
are no limitations in force under the 1972 ABM Treaty, that 
meet one or more of the following objectives: 
(A) Reduction of overall development cost. 
(B) Advancement of the schedule for making a decision to 
commence full-scale engineering development. 
(C) Increase in the level of confidence in the results of the 
research by the original scheduled date for the commence-
ment of full-scale development. 
101 STAT. 1062 
PUBLIC LAW 100-180—DEC. 4, 1987 
Union of Soviet 
(4) An analysis of how rapidly, in the absence of limitations 
RepubUcs 
"^^®^ *^® 19'^2 ABM Treaty, the Soviet Union could deploy a 
nationwide anti-ballistic missile defense of military and non-
military targets and the consequences of such a deployment. 
The analysis should include an assessment of the following: 
y 
(A) The effect of such deployment on the confidence of the 
United States that, should deterrence that depends increas-
ingly on defensive forces fail, the planned strategic nuclear 
, 
forces of the United States would be sufficient to hold assets 
that the leaders of the Soviet Union value at risk following 
Ij ^.^ 
a first strike by the Soviet Union against the United States. 
(B) The changes that must be made to the strategic 
offensive forces of the United States to hold assets that the 
leaders of the Soviet Union value at risk in the presence of 
strategic defenses. The analysis should include both the cost 
of those changes and the time period scale over which they 
could be accomplished. 
' 
' ' 
(C) The consistency of the required changes to United 
' ^-' 
States strategic offensive forces of the United States de-
scribed under subparagraph (B) with the current United 
States negotiating position in the Strategic Arms Reduction 
(START) negotiations. 
,
^ 
(D) The degree to which crisis stability would be affected 
during the transition period between the appearance of 
,...•. 
-1..; 
;. f 
nationwide anti-ballistic missile defenses by both the 
^ ' 
United States and the Soviet Union and the completion of 
the changes that the United States would make to its 
strategic offensive forces in response to such defenses by 
the Soviet Union. 
(5) An analysis of the effect on deterrence of nuclear conflict if 
both the United States and Soviet Union deploy strategic de-
fenses of comparable capability, considering both less capable 
and highly capable strategic defenses, as well as appropriate 
transition issues (including the effect on deterrence of the 
potential vulnerability of strategic defenses). 
(c) DEADUNE FOR REPORT.—The report under subsection (a) shall 
be submitted not later than March 1,1988. 
(d) REPORT CLASSiPiCATiON.^The report under subsection (a) shall 
be submitted in both classified and unclassified versions. 
(e) 1972 ABM TREATY DEFINED.—In this section, the term "1972 
ABM Treaty" means the Treaty Between the United States of 
America and the Union of Soviet Socialist Republics on the Limita-
tion of Anti-Ballistic Missiles, signed at Moscow on May 26, 1972. 
SEC. 234. REPORT ON ALLOCATION OF FY88 FUNDING 
(a) IN GENERAL.—The Secretary of Defense shall submit to the 
Committees on Armed Services and on Appropriations of the Senate 
and the House of Representatives a report on the allocation of funds 
appropriated for the Strategic Defense Initiative for fiscal year 1988. 
The report shall set out the amount of such funds allocated for each 
program, project, or activity of the Strategic Defense Initiative 
within each appropriation account. 
(b) DEADUNE FOR REPORT.—The report required by subsection (a) 
shall be submitted not later than 90 days after the date of the 
enactment of legislation appropriating funds for the Strategic De-
fense Initiative for fiscal year 1988. ,, ,, , ^>- ,,, , ,, , 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1063 
PART D—B-IB BOMBER PROGRAM 
SEC. 241. FISCAL YEAR 1988 FUNDING LIMITATION 
Of the funds appropriated pursuant to section 201 for fiscal year 
1988, not more than $375,672,000 shall be available for research, 
development, test, and evaluation for the B-IB bomber program. 
SEC. 242. DEFENSIVE AVIONICS TEST AND EVALUATION PROGRAM 
Reports. 
(a) REQUIREMENT FOR PROGRAM.—(1) During fiscal years 1988 and 
1989, the Secretary of Defense shall develop and conduct a com-
prehensive program for the systematic testing of the defensive 
avionics system of the B-IB aircraft. 
(2) Not later than 30 days after the date of the enactment of this 
Act, the Secretary shall submit to the congressional defense commit-
tees a detailed plan for such testing during fiscal years 1988 and 
1989. Such plan shall include— 
(A) the planned test schedule for each of the various compo-
nents of the defensive avionics system, tested singly and in 
combination with other components of the defensive and offen-
sive avionics systems; 
(B) the objectives of each of the planned tests and the criteria 
that will be used to determine whether each such test is success-
ful, partially-successful, or unsuccessful; and 
(C) how those scheduled tests can be used to estimate the 
capability of the B-IB to penetrate Soviet air defenses, includ-
ing both single and multiple threats. 
0)) LIMITATION ON OBLIGATION OF FUNDS.—If the report required 
under subsection (aX2) is not submitted to the congressional defense 
committees by the deadline stated in that subsection for the submis-
sion of such report, then none of the funds referred to in section 241 
may be expended for the B-IB bomber program until the report is 
received by those committees. 
(c) BIMONTHLY STATUS REPORTS.—Beginning on February 1, 1988, 
and every two months thereafter until October 1, 1989, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on whether the tests scheduled during the period since 
the preceding report were carried out when and as planned, and 
whether each of those tests was successful, partially successful, or 
unsuccessful. Each such report shall address the capability of 
the B-IB eiircraft to meet— 
(1) performance objectives; 
(2) technical and fiscal objectives; and 
(3) significant milestones. 
(d) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—For purposes 
of this section, the term "congressional defense committees means 
the Committees on Armed Services and Appropriations of the 
Senate and House of Representatives. 
SEC. 243. ASSESSMENT OF CAPABILITIES OF B-IB TO PENETRATE ENEMY 
AIR DEFENSES 
(a) INDEPENDENT ASSESSMENT.—The Secretary of Defense shall 
provide for an independent assessment of the capabilities of the 
B-IB aircraft to penetrate air defenses of potential enemies. The 
Secretary shall appoint a panel of experts from the private sector to 
conduct the assessment and shall provide the panel such resources 
as are necessary, including technical assistance by private contrac-
tors, to assist the panel in conducting the assessment. Individuals 
101 STAT. 1064 
PUBLIC LAW 100-180—DEC. 4, 1987 
appointed to the panel shall be independent of the Air Force and 
shall have no arrangements with the Air Force that would con-
stitute a conflict of interest. 
(b) CONFIGURATIONS TO BE CONSIDERED.—The panel shall estimate 
the air defense penetration capabilities of the B-IB aircraft in all of 
its mission profiles as the aircraft is estimated to be configured at 
each of the following times: 
. ,.^ . 
j,,,. , ,.. 
(1) Initial operational capability. 
(2) The time the assessment is conducted. 
(3) The completion of the developmental test and evaluation/ 
- 
initial operational test and evaluation period during fiscal year 
1989. 
(4) The completion of the baseline modifications program 
during fiscal year 1991. 
(c) THREATS TO BE CONSIDERED.—The panel shall estimate the air 
defense penetration capabilities of the B-IB aircraft against the 
threats described— 
(1) in the 1981 joint Office of the Secretary of Defense/Air 
Force Bomber Alternatives Study; 
(2) in the 1986 Strategic Bomber Force Study; and 
(3) in the most current threat baseline established by the 
intelligence community. 
(d) COOPERATION WITH PANEL.—The Secretary of Defense shall 
ensure that individuals serving on the panel receive the full co-
operation of all components of the Department of Defense in carry-
ing out the functions of the panel under this section. 
(e) REPORTS.—The Secretary shall submit to the Committees on 
Armed Services of the Senate and House of Representatives— 
(1) an initial report on the assumptions that are to be used by 
the panel in making the assessment described in subsection (a); 
(2) periodic reports on the development and progress of the 
assessment; and 
(3) the final report of the panel (together with such comments 
as the Secretary considers appropriate) not later than March 1, 
1988. 
(f) FUNDING.—Of the amount appropriated for research, develop-
ment, test, and evaluation for the Air Force for fiscal year 1988, up 
to $1,000,000 of the amount available for the B-IB aircraft program 
shall be available only for the conduct of the assessment under this 
section. 
SEC. 244. LIMITATIONS ON AIRCRAFT ENHANCEMENT AND MODERNIZA-
TION 
(a) MODERNI25ATION RESTRICTED.—Funds described in section 241 
may not be used for modernization of the B-IB bomber aircraft. 
(b) CONDITIONS FOR ENHANCEMENTS.—The Secretary of Defense 
may not carry out an enhancement of the B-IB aircraft unless the 
enhancement is specifically authorized by law and funds are specifi-
cally appropriated for that purpose. If the Secretary submits a 
request for any such authorization and funds, the Secretary shall 
include with the request— 
(1) a description of the requested aircraft enhancement; 
(2) full justification for the enhancement; 
(3) the total program costs of the enhancement; £md 
(4) the planned schedule for incorporating the enhancement 
into the aircraft. 
• — « 
-^^ -- ->—. -- 
— -- — -^ 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1065 
SEC. 245. EVALUATION OF FLIGHT TEST PROGRAM 
In order to ensure the adequacy of the proposed flight test pro* 
gram for the B-IB aircraft, the Director of Operational Test and 
Evaluation of the Department of Defense shall assume the respon-
sibilities and exercise the authorities of the Director under section 
138 of title 10, United States Code, with respect to the use of funds 
provided for fiscal year 1988 for such flight test program insofar as 
the use of such funds involves operational test and evaluation 
functions (as defined in such section). 
PART E—MISCELLANEOUS 
SEC. 25L COOPERATIVE MEDICAL RESEARCH WITH THE VETERANS' 
ADMINISTRATION 
Of the amount appropriated pursuant to section 201 for the 
Defense Agencies for fiscal year 1988, $20,000,000 shall be available 
only for a cooperative medical research program to be carried out by 
the Secretary of Defense and the Administrator of Veterans' Affairs. 
SEC. 252. LINCOLN LABORATORY IMPROVEMENT PROJECT 
Massachusetts. 
(a) MODERNIZATION AND EXPANSION PROJECT.—The Secretary of 
the Air Force is authorized to enter into a contract with the 
Massachusetts Institute of Technology for a modernization and 
expansion project at the Lincoln Laboratory complex at Hanscom 
Air Force Base, Massachusetts. The project includes construction of, 
and additions and modifications to, research offices, laboratory 
spaces, and supporting facilities necessary to carry out the activities 
of the Lincoln Laboratory. 
(b) PROJECT COST AND DURATION.—The amount obligated under 
the contract for the modernization and expansion project may not 
exceed $135,000,000. The project shall be completed in not more 
than 12 years. Costs incurred under the contract may include costs 
of financing charges (including financing charges on amounts pro-
vided by the Massachusetts Institute of Technology for the project), 
but may not include a fee or profit for the Massachusetts Institute of 
Technology or for Lincoln Laboratory. 
(c) FUNDING.—Payments under a contract under subsection (a) for 
any fiscal year shall be made from appropriations for research and 
development made to the Air Force or to any other Federal agency. 
(d) TITLE.—Title to the facilities, and to associated equipment, 
funded by such contract shall be conveyed to the United States upon 
completion of the project and acceptance of the facilities by the 
Secretary. 
(e) USE OF FACIUTIES.—The right of the Massachusetts Institute of 
Technology to use such facilities and equipment shall be as provided 
by contracts with the United States. 
(f) BUDGET ACT.—The authority of the Secretary of the Air Force 
to enter into a contract under subsection (a) shall be effective only to 
such extent or in such amounts as are provided in advance in 
appropriation Acts. 
SEC. 253. EVALUATION OF NEW HIGH-SPEED PATROL BOAT 
The Secretary of the Navy is encouraged to (1) evaluate a new 80-
foot reconnaissance assault and missile boat that has been designed 
to project power in coastal, harbor, river, and island waterways and 
on closed seas, and (2) consider procuring a prototype of such boat 
for extensive testing and evaluation. The Secretary shall submit to Reports. 
101 STAT. 1066 
PUBLIC LAW 100-180—DEC. 4, 1987 
the Committees on Armed Services of the Senate and House of 
Representatives any report on the evaluation of any such boat. 
SEC. 254. PEGASUS ENGINE 
Section 2030)) of the National Defense Authorization Act for 
Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3838) is repealed. 
SEC. 255. REPORT ON MILITARY USE OF NASA MANNED SPACE STATION 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report on the activities planned by the Depart-
ment of Defense to be conducted on or in conjunction with the 
permanently manned space station to be developed and operated by 
the National Aeronautics and Space Administration. The report 
shall include a description of— 
(1) those planned activities, including research projects the 
Department intends to conduct from the space station; 
(2) the eventual applications for which the Department in-
. 
tends such research to be used; and 
* ' 
(3) the relationship of those planned activities to activities of 
the Department of Defense for which funds are authorized by 
this Act (including offensive and defensive weapons systems) 
and how such activities will be coordinated. 
(b) DEADUNE FOR REPORT.—The report required by subsection (a) 
shall be submitted not later than March 1,1988. 
SEC. 256. ADVANCED LAUNCH SYSTEM 
(a) REQUIRED PROGRAM PLANS.—The Secretary of Defense may not 
obligate or expend more than $50,000,000 for research, development, 
test, and evaluation for any activity associated directly or indirectly 
' 
with the Advanced Launch System/Heavy Lift Launch Vehicle 
(hereinafter in this section referred to as the "ALS") program 
until— 
(1) the Secretary of Defense and the Administrator of the 
National Aeronautics and Space Administration enter into an 
intergigency agreement (A) on the most cost-effective design 
approach for the ALS, and (B) on a joint management plan to 
implement the ALS program so as to make maximum use of the 
expertise and the unique testing facilities of the National Aero-
nautics and Space Administration, especially with respect to 
rocket propulsion systems; 
(2) the Siecretary of Defense develops a management plan for 
the ALS program, including identification of the specific roles 
and responsibilities— 
(A) to be filled by the Defense Agencies, the Department 
of the Air Force, and other appropriate elements of the 
Department of Defense; and 
(B) as provided in the interagency agreement described in 
P
aragraph (1), to be filled by the National Aeronautics and 
pace Administration; 
(3) all participants in the ALS program enter into a formal 
cost-sharing agreement with respect to that program which— 
(A) identifies the total costs of the program (stated in both 
current and constant dollars); and 
(B) includes the budgetary resources intended to be dedi-
cated by each participant in the program for each of the 
«f ?*- 
fiscal years 1988 through 1992; and 
€
»
^ ^ ..^*^ 
. ,i -.^ « 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1067 
(4) the Secretary of Defense, with the concurrence of the 
Administrator of the National Aeronautics and Space Adminis-
tration, submits to the Committees on Armed Services and 
Appropriations of the Senate and House of Representatives a 
report on the ALS program that includes— 
(A) a copy of the £igreement described in paragraph (1); 
(B) a detailed description of the management plan de-
scribed in paragraph (2); and 
(C) a copy of the cost-sharing agreement described in 
paragraph (3). 
(b) PAYLOAD COST GOAL.—Any request for proposals issued by the 
Department of Defense for the ALS program— 
(1) shall include as a goal a cost per pound of payload placed 
in low earth orbit of $300 or less (in constant fiscal year 1987 
dollars); and 
(2) may not include a request for bids or proposals for an 
interim capability that would have a higher cost per pound of 
payload than specified under paragraph (1). 
SEC. 257. SPACE LAUNCH RECOVERY 
(a) TRANSFER OF FUNDS.—Of the funds appropriated pursuant to 
section 201 for research, development, test, and evaluation, a total of 
up to $50,000,000 may be transferred from the Army and the Navy 
to the Air Force for activities related to space launch recovery. 
(b) NOTICE TO CONGRESS.—No transfer of funds may be made 
under subsection (a) until the Secretary of Defense has notified 
Congress of the proposed transfer and a period of 30 days has 
elapsed after the date on which notice of the proposed transfer is 
received by Congress. 
SEC. 258. STUDIES OF NUCLEAR WARHEAD FOR ARMY TACTICAL MISSILE 
SYSTEM 
(a) Funds available to the Department of Defense or to the Depart-
ment of Energy may be obligated or expended for studies and 
analyses of the military utility and cost of a nuclear warhead option 
for the Army Tactical System (ATACMS). 
(b) No funds may be obligated or expended for the purpose of 
developing, testing, producing, or integrating nuclear warheads for 
the Army Tactical Missile System (ATACMS) unless— 
(1) the Secretary of Defense certifies to the Committees on 
Armed Services of the Senate and the House of Representatives 
that the Army Tactical Missile System has achieved an initial 
operational capability with United States Army units perma-
nently stationed in the Federal Republic of Germany; 
(2) such development, testing, production, or integration has 
been specifically authorized by legislation enacted after the date 
of the enactment of this Act; and 
(3) the Secretary of Defense has submitted to the Committees 
on Armed Services and Appropriations of the Senate and House 
of Representatives the comprehensive analysis required by sec-
tion 1001 of the options available to the United States to 
preserve an adequate theater nuclear capability in Europe if a 
treaty with respect to intermediate-range nuclear forces (INF) is 
concluded between the United States and the Soviet Union. 
Research and 
development. 
Federal 
Republic of 
Germany. 
Union of Soviet 
Socialist 
Republics. 
101 STAT. 1068 
PUBLIC LAW 100-180—DEC. 4, 1987 
SEC. 259. SELECTION OF HEAVY TRUCK SYSTEM CONFIGURED WITH 
PALLETIZED LOADING SYSTEM 
(a) COMPETITIVE EVALUATION.—The Secretary of Defense shall 
carry out a competitive evaluation for a heavy truck system config-
ured with a palletized loading system. The evaluation shall be based 
on performance specifications for nondevelopmental systems. 
(b) SOURCE SELECTION.—After the evaluation under subsection (a) 
is completed, and not later than 24 months after the enactment of 
this Act, the Secretary shall select a heavy truck system configured 
with a palletized loading system. The Under Secretary of Defense 
for Acquisition shall be the source selection authority with respect 
to the selection, and the selection shall be based on a hardware 
competition. The evaluation criteria for such source selection shall 
provide for equitable consideration of total life-cycle costs, including 
costs of facilitization. 
(c) SITE OF MANUFACTURE AND ASSEMBLY LIMITED.—The heavy 
truck system configured with the palletized loading system selected 
under this section (if procured) shall be manufactured and assem-
bled in the United States. 
Science and 
technology. 
Computers. 
15 use 4601. 
Grants. 
15 use 4602. 
Research and 
development. 
PART F—SEMICONDUCTOR COOPERATIVE RESEARCH PROGRAM 
SEC. 271. FINDINGS, PURPOSES, AND DEFINITIONS 
(a) FINDINGS.—The Congress finds that it is in the national eco-
nomic and security interests of the United States for the Depart-
ment of Defense to provide financial assistance to the industry 
consortium known as Sematech for research and development 
activities in the field of semiconductor manufacturing technology. 
(b) PURPOSES.—The purposes of this part are— 
(1) to encourage the semiconductor industry in the United 
States— 
(A) to conduct research on advanced semiconductor 
^tj 
manufacturing techniques; and 
lj., 
(B) to develop techniques to use manufacturing expertise 
j
C
r
s 
for the manufacture of a variety of semiconductor products; 
and 
(2) in order to achieve the purpose set out in paragraph (1), to 
provide a grant program for the financial support of semi-
conductor research activities conducted by Sematech. 
(c) DEFINITIONS.—In this part: 
(1) The terms "Advisory Council on Federal Participation in 
Sematech" and "Council" mean the advisory council established 
by section 273. 
(2) The term "Sematech" means a consortium of firms in the 
United States semiconductor industry established for the pur-
poses of (A) conducting research concerning advanced semi-
conductor manufacturing techniques, and (B) developing tech-
niques to adapt manufacturing expertise to a variety of semi-
-' 
conductor products. 
SEC. 272. GRANTS TO SEMATECH 
(a) AUTHORITY TO MAKE GRANTS.—The Secretary of Defense shall 
make grants, in accordance with section 6304 of title 31, United 
States Code, to Sematech in order to defray expenses incurred b^ 
Sematech in conducting research on and development of semi-
conductor manufacturing technology. The grants shall be made in 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1069 
accordance with a memorandum of understanding entered into 
under subsection GJ). 
(b) MEMORANDUM OF UNDERSTANDING.—The Secretary of Defense 
shall enter into a memorandum of understanding with Sematech for 
the purposes of this part. The memorandum of understanding shall 
require the following: 
^03^ jc"' 
(1) That Sematech have— 
(A) a charter agreed to by all representatives of the 
tw-s* 
semiconductor industry that are participating members of 
Sematech; and 
(B) an annual operating plan that is developed in con-
sultation with the Secretary of Defense and the Advisory 
- 
Council on Federal Participation in Sematech. 
I 
(2) That the total amount of funds made available to State and local 
Sematech by Federal, State, and local government agencies for governments. 
any fiscal year for the support of research and development 
activities of Sematech under this section may not exceed 50 
percent of the total cost of such activities. 
(3) That Sematech, in conducting research and development 
activities pursuant to the memorandum of understanding, co-
operate with and draw on the expertise of the national labora-
tories of the Department of Energy and of colleges and univer-
sities in the United States in the field of semiconductor 
manufacturing technology. 
(4) That an independent, commercial auditor be retained (A) Reports. 
to determine the extent to which the funds made available to 
' •' 
Sematech by the United States for the research and develop-
ment activities of Sematech have been expended in a manner 
that is consistent with the purposes of this part, the charter of 
Sematech, and the annual operating plan of Sematech, and (B) 
^ to submit to the Secretary of Defense, Sematech, and the 
Comptroller General of the United States an annual report 
'
^ containing the findings and determinations of such auditor. 
(5) That (A) the Secretary of Defense be permitted to use 
' 
intellectual property, trade secrets, and technical data owned 
and developed by Sematech in the same manner as a partici-
pant in Sematech and to transfer such intellectual property, 
trade secrets, and technical data to Department of Defense 
contractors for use in connection with Department of Defense 
requirements, and (B) the Secretary not be permitted to transfer 
such property to any person for commercial use. 
(6) That Sematech take all steps necessary to maximize the 
expeditious and timely transfer of technology developed and 
owned by Sematech to the participants in Sematech in accord-
ance with the agreement between Sematech and those partici-
pants and for the purpose of improving 
manufacturing 
productivity of United States semiconductor firms. 
(c) CONSTRUCTION OF MEMORANDUM OF UNDERSTANDING.—The Contracts. 
memorandum of understanding entered into under subsection (b) 
shall not be considered to be a contract for the purpose of any law or 
regulation relating to the formation, content, and administration of 
contracts awarded by the Federal Government and subcontracts 
under such contracts, including section 2306a of title 10, United 
States Code, section 719 of the Defense Production Act of 1950 (50 
U.S.C. App. 2168), and the Federal Acquisition Regulations, and 
such provisions of law and regulation shall not apply with respect to 
the memorandum of understanding. 
Intellectual 
property. 
Contracts. 
hftjbla!*^^ 
*fii-i^'3rr4^vrt^ 
101 STAT. 1070 
PUBLIC LAW 100-180—DEC. 4, 1987 
(d) FUNDING FOR FY88.—Of the amounts appropriated to the 
Defense Agencies for fiscal year 1988 for research, development, 
test, and evaluation, $100,000,000 may be obligated only to make 
grsuits under this section. 
15 use 4603. 
SEC. 273. A
D
V
I
S
O
R
Y C
O
U
N
C
I
L 
(a) EsTABUSHMENT.—There is established the Advisory Council on 
Federal Participation in Sematech. 
0)) FUNCTIONS.—(1) The Council shall advise Sematech and the 
Secretary of Defense on appropriate technology goals for the re-
search and development activities of Sematech and a plan to achieve 
those goals. The plan shall provide for the development of high-
quality, high-3dela semiconductor manufacturing technologies that 
''"'^' 
meet the national security and commercial needs of the United 
States. 
(2) The Council shall— 
(A) conduct an annual review of the activities of Sematech for 
the purpose of determining the extent of the progress made by 
Sematech in carrying out the plan referred to in paragraph (1); 
and 
(B) on the basis of its determinations under subparagraph (A), 
submit to Sematech any recommendations for modification of 
the plan or the technological goals in the plan considered 
appropriate by the Council. 
Reports. 
(3) The Council shall review the research activities of Sematech 
and shall submit to the Secretary of Defense and the Committees on 
Armed Services of the Senate and the House of Representatives an 
annual report containing a description of the extent to which 
Sematech is achieving its research and development goals. 
(c) MEMBERSHIP.—Tbe Council shall be composed of 12 members as 
follows: 
(1) The Under Secretary of Defense for Acquisition, who shall 
be Ch£urman of the Council. 
(2) The Director of Energy Research of the Department of 
rt 
Energr. 
(3) The Director of the National Science Foundation. 
(4) The Under Secretary of Commerce for Economic Affairs. 
(5) The Chairman of the Federsd Laboratory Consortium for 
Technology Transfer. 
President of U.S. 
(6) Seven members appointed by the President as follows: 
(A) Four members who are eminent individuals in the 
semiconductor industry and related industries. 
(B) Two members who are eminent individuals in the 
fields of technology and defense. 
(C) One member who represents small businesses. 
President of U.S. 
(d) TERMS O
F MEMBERSHIP.—Each member of the Council ap-
pointed under subsection (cX6) shall be appointed for a term of three 
years, except that of the members first appointed, two shall be 
appointed for a term of one year, two shall be appointed for a term 
of two ^ears, and three shall be appointed for a term of three years, 
as designated by the President at the time of appointment. A 
member of the Council may serve after the expiration of the mem-
ber's term until a successor has taken office. 
(e) VACANCIES.—A vacancy in the Council shall not affect its 
powers but, in the case of a member appointed under subsection 
(cX6), shall be filled in the same manner as the original appointment 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1071 
was made. Any member appointed to fill a vacancy for an unexpired 
term shall be appointed for the remainder of such term. 
(f) QUORUM.—Seven members of the Council shall constitute a 
quorum. 
(g) MEETINGS.—The Council shall meet at the call of the Chairman 
or a majority of its members. 
(h) COMPENSATION.—(1) Each member of the Council shall serve 
without compensation. 
(2) While away from their homes or regular places of business in 
the performance of duties for the Council, members of the Council 
shall be allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies under 
sections 5702 and 5703 of title 5, United States Code. 
(i) FEDERAL ADVISORY COMMITTEE ACT.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App. 2) shall not apply to the 
Council. 
SEC. 274. RESPONSIBILITIES OF THE COMPTROLLER GENERAL 
15 USC 4604. 
The Comptroller General of the United States shall— 
Reports. 
(1) review the annual reports of the auditor submitted to the 
Comptroller General in accordance with section 27203X4); and 
(2) transmit to the Committees on Armed Services of the 
Senate and the House of Representatives his comments of the 
accuracy and completeness of the reports and any additional 
comments on the report that the Comptroller General considers 
appropriate. 
SEC. 275. EXPORT OF SEMICONDUCTOR MANUFACTURING 
15 USC 4605. 
Any export of materials, equipment, and technology developed by 
Sematech in whole or in part with financial assistance provided 
under section 272(a) shall be subject to the Export Administration 
Act of 1979 (50 U.S.C. App. 2401 et seq.) and shall not be subject to 
the Arms Export Control Act. 
SEC. 276. PROTECTION OF INFORMATION 
15 USC 4606. 
(a) FREEDOM OF INFORMATION ACT.—Section 552 of title 5, United 
States Code, shall not apply to information obtained by the Federal 
Government on a confidential basis under section 272(bX5). 
O
t
)
) INTELLECTUAL PROPERTY.—Notwithstanding any other provi-
sion of law, intellectual property, trade secrets, and technical data 
owned and developed b:^ Sematech or any of the participants in 
Sematech may not be disclosed by any ofncer or employee of the 
Department of Defense except as provided in the provision included 
in the memorandum of understanding pursuant to section 272(bX5). 
TITLE III—OPERATION AND MAINTENANCE 
PART A—AUTHORIZATIONS OF APPROPRIATIONS 
SEC. 3
0
1
. 
OPERATION 
AND 
MAINTENANCE 
FUNDING 
(a) IN GENERAL.—(1) Funds are hereby authorized to be appro-
priated for fiscal year 1988 for the use of the Armed Forces and 
other activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and maintenance 
in amounts as follows: 
For the Army, $21,540,728,000 ($21,367,928,000). 
For the Navy, $24,864,027,000 ($24,620,427,000). 
101 STAT. 1072 
P U B U C LAW 100-180—DEC. 4, 1987 
h9r- 
For the Marine Corps, $1,887,466,000 ($1,875,066,000). 
' 
' 
For the Air Force, $20,730,084,000 ($20,452,384,000). 
B s 
For the Defense Agencies, $7,424,906,000 ($7,387,475,000). 
For the Army Reserve, $862,161,000 ($862,161,000). 
mt^t 
For the Naval Reserve, $947,559,000 ($940,754,000). 
For the Marine Corps Reserve, $70,254,000 ($68,984,000). 
&v« 
For the Air Force Reserve, $1,014,058,000 ($1,013,858,000). 
For the Army National Guard, $1,883,609,000 ($1,868,570,000). 
For the Air National Guard, $1,980,151,000 ($1,977,414,000). 
For the National Board for the Promotion of Rifle Practice, 
$4,099,000. 
For Defense Claims, $193,574,000. 
For the Court of Military Appeals, $3,461,000. 
For Environmental Restoration, Defense, $392,800,000. 
(2) Funds are hereby authorized to be appropriated for fiscal year 
1989 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance in amounts as follows: 
For the Army, $21,540,728,000. 
For the Navy, $24,864,027,000. 
For the Marine Corps, $1,887,466,000. 
For the Air Force, $20,730,084,000. 
For the Defense Agencies, $7,424,906,000. 
For the Army Reserve, $862,161,000. 
For the Naval Reserve, $947,559,000. 
For the Marine Corps Reserve, $70,254,000. 
mm '.'1* ?i 
For the Air Force Reserve, $1,014,058,000. 
• ^ 
v. 
For the Army National Guard, $1,883,609,000. 
For the Air National Guard, $1,980,151,000. 
For the National Board for the Promotion of Rifle Practice, 
$4,099,000. 
^^ 
For Defense Clauns, $193,574,000. 
For the Court of Military Appeals, $3,461,000. 
.d€B) '
K
T
T gi 
For Environmental Restoration, Defense, $392,800,000. 
Qji) GENERAL AUTHORIZATION FOR CONTINGENCIES.—There are 
au-
thorized to be appropriated for each of fiscal years 1988 and 1989, in 
addition to the amounts authorized to be appropriated in subsection 
(a), such sums as may be necessary— 
(1) for unbudgeted increases in fuel costs; and 
(2) for unbudgeted increases as the result of inflation in the 
cost of activities authorized by subsection (a). 
SEC. 302. WORKING CAPITAL FUNDS 
(a) FISCAL YEAR 1988.—Funds are hereby authorized to be appro-
priated for fiscal year 1988 for the use of the Armed Forces and 
other activities and agencies of the Department of Defense for 
providing capital for working-capital funds in amounts as follows: 
For the Army Stock Fund, $215,057,000 ($193,207,000). 
For the Navy Stock Fund, $346,700,000 ($329,400,000). 
For the Air Force Stock Fund, $259,707,000 ($226,007,000). 
For the Defense Stock Fund, $159,750,000 ($132,600,000). 
(b) FISCAL YEAR 1989.—Funds are hereby authorized to be appro-
priated for fiscal year 1989 for the use of the Armed Forces and 
other activities and agencies of the Department of Defense for 
providing capital for working-capital funds in amounts as follows: 
For the Army Stock Fund, $215,057,000. 
For the Navy Stock Fund, $346,700,000. , ^^ 
* ^ 
. . 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1073 
For the Air Force Stock Fund, $259,707,000. 
, ii 
For the Defense Stock Fund, $159,750,000. 
SEC. 303. LIMITATION ON THE USE OF OPERATION AND MAINTENANCE 
FUNDS TO PURCHASE INVESTMENT ITEMS 
(a) IN GENERAL.—Purchases of an item during fiscal year 1988, 
1989, or 1990 with a unit cost equal to or in excess of the investment 
item unit cost (as defined in subsection (b)) for such fiscal year may 
not be charged to appropriations made to the Department of Defense 
for operation and maintenance if purchases of such item during the 
previous fiscal year were chargeable to appropriations made to the 
Department of Defense for procurement. 
(b) INVESTMENT ITEM UNIT COST.—For purposes of subsection (a), 
the term "investment item unit cost" means— 
(1) with respect to fiscal year 1988 or 1989, $15,000; and 
(2) with respect to fiscal year 1990, $5,000. 
m. 
PART B—PROGRAM CHANGES, REQUIREMENTS, AND LIMITATIONS 
SEC. 311. AVAILABILITY OF UNITED STATES PRODUCTS AT DEFENSE 
PACKAGE STORES OVERSEAS 
(a) TREATMENT OF WINES.—(1) Chapter 147 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 2489. Overseas package stores: treatment of United States wines 10 use 2489. 
"The 
Secretary 
of 
Defense 
shall 
ensure 
that 
each 
nonappropriated-fund activity engaged principally in selling alco-
holic beverage products in a packaged form (commonly referred to 
as a 'package store') that is located at a military installation outside 
the United States shall give appropriate treatment with respect to 
wines produced in the United States to ensure that such wines are 
given, in general, an equitable distribution, selection, and price 
when compared with wines produced by the host nation.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2489. Overseas package stores: treatment of United States wines.". 
Ot)) REGULATIONS DEADUNE.—The Secretary of Defense shall pre- 
10 use 2489 
scribe regulations to implement section 2489 of title 10, United note. 
States Code, as added by subsection (a), not later than 90 days after 
the date of the enactment of this Act. 
SEC. 312. NONAPPROPRIATED-FUND BEER AND WINE PURCHASES 
(a) PURCHASES FROM SOURCES WITHIN STATE.—Section 2488(a)(2) of 
title 10, United States Code, is amended by striking out "purchased 
for resale on a military installation located in the contiguous 
States". 
0)) EFFECTIVE DATE.—The amendment made by subsection (a) 10 use 2488 
shall apply with respect to purchases of malt beverages and wine "ote. 
after the end of the 60-day period beginning on the date of the 
enactment of this Act. 
SEC. 313. PRICING AT COMMISSARY STORES 
(a) IN GENERAL.—(1) Section 2486 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
101 STAT. 1074 
PUBLIC LAW 100-180—DEC. 4, 1987 
Regulations. 
"(d) The Secretary of Defense shall prescribe 
regulations 
establishing uniformpricing policies for merchandise authorized for 
sale by this section. The policies in the regulations shall— 
"(1) require the establishment of a ssdes price of each item of 
merchandise at a level which will recoup the actual product cost 
of the item (consistent with this section and sections 2484 and 
2685 of this title); and 
"(2) promote the lowest practical price of merchandise sold at 
commissary stores.". 
(2) The heading for section 2486 of such title is amended to read as 
follows: 
"§2486. Commissary stores: merchandise that may be sold; uni-
form surcharges and pricing". 
(3) The item relating to section 2486 in the table of sections at the 
beginning of chapter 147 of such title is amended to read as follows: 
"2486. Commissary stores: merchandise that may be sold; uniform surcharges and 
pricing.". 
10 u s e 2486 
(b) REGULATIONS DEADLINE.—The Secretary of Defense shall pre-
"°*®- 
scribe the regulations required by section 2486(d) of title 10, United 
States Code, as added by subsection (a), not later than 90 days after 
the date of the enactment of this Act. 
(c) CONFORMING AMENDMENTS.—(1) Sections 4621 and 9621 of such 
title are each amended— 
(A) by striking out subsection (b); and 
(B) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) 
as subsections (h), (c), (d), (e), (f), (g), and (h), respectively. 
SEC. 314. LIMITATION ON ARMY DEPOT MAINTENANCE FUNDING 
(a) FUNDING REQUIRED FOR ARMY DEPOT MAINTENANCE.—Of the 
funds appropriated or otherwise made available to the Department 
of the Army for fiscal year 1988 for depot maintenance functions, 
not less th£ui 60 percent shall be available for performance of depot 
maintenance functions performed by military and civilian personnel 
of the Department of Defense. 
0)) DEVIATION AND REPORT.—(1) If the Secretary of the Army 
determines that the requirement of subsection (a) cannot be met, the 
Secretary may authorize a deviation from such requirement. If such 
a deviation is authorized, the Secretary shall promptly submit to the 
Committees OB. Armed Services of the Senate and the House of 
Representatives a report that— 
(A) fully describes and justifies the deviation from such 
requirement; 
^ ) states the level of spending that will be achieved in lieu of 
the 60 percent required under subsection (a); and 
(C) includes a plan for meeting the same requirement with 
respect to funds appropriated or otherwise made available to 
the Department of the Army for fiscal year 1989. 
(2) The report shall be submitted as soon as possible after the 
Secretary authorizes a deviation under paragraph (!)• 
SEC. 315. CIVILIAN PERSONNEL MANAGEMENT 
(a) PROHIBITION ON MANAGEMENT BY END-STRENGTH.—During 
fiscal year 1988, the civiliEui personnel of the Department of Defense 
may not be managed on the basis of any constraint or limitation 
(known as an "end-strength") and the msmagement of such person-
nel during that fiscal year shall not be subject to any end-strength 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1075 
on the number of such personnel who may be employed on the last 
day of such fiscal year. 
(b) WAIVER OF CIVIUAN PERSONNEL CEILINGS.—Section 115(b)(2) of 
title 10, United States Code, shall not apply with respect to fiscal 
year 1988 or with respect to the appropriation of funds for that year. 
(c) REPORTS.—The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives quarterly reports on the obligation of funds appro-
priated for civilian personnel of the Department of Defense for fiscal 
year 1988. Each report shall include— 
(1) for each appropriation account, the amounts authorized 
and appropriated for such personnel for fiscal year 1988; and 
(2) for each appropriation account and for the entire 
Department— 
(A) the actual number of such personnel employed, and 
the amount of funds obligated for such personnel, as of the 
end of each fiscal year quarter described in the report; and 
(B) the projected number of such personnel to be em-
t 
ployed, and the amount of funds that will be obligated for 
such personnel, as of the end of fiscal year 1988. 
SEC. 316. REPORT ON OPERATING AND SUPPORT COSTS OF MAJOR 
WEAPONS SYSTEMS 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the operating and support costs of 
major weapons systems of the Department of Defense. 
(b) MATTERS TO BE INCLUDED IN REPORT.—The Secretary shall 
include in the report required by subsection (a) the following: 
(1) An explanation of the reasons why there is a positive 
correlation between the increase in dollar value of major weap-
ons systems of the Department of Defense and the increase in 
operating and support costs of the Department, including— 
(A) how or whether the programming and budget process 
has contributed to the relationship; and 
• :' 
«
^
^
>
? 
(B) how the relationship applies at more detailed levels. 
(2) An examination of the link between operating and support 
costs and readiness of the Department of Defense. 
(3) An examination of the feasibility of providing Congress an 
annual report on the operating and support costs of each major 
weapon system. 
(4) Identification of the specific budget accounts and appro-
priations which cover the operation and support costs for the 
major weapons systems. 
(5) An examination of the feasibility of treating the operation 
and support costs of each major weapon system as overhead of 
the weapon system, to be automatically included in the budget 
and appropriation for such weapon system. 
(c) DEADUNE.—The report required by subsection (a) shall be 
submitted no later than February 1,1988. 
SEC. 317. REPORT ON EFFORTS TO MEASURE READINESS 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the status of Department of Defense 
efforts to— 
101 STAT. 1076 
PUBLIC LAW 100-180—DEC. 4, 1987 
' 
(1) identify and measure readiness of the Department of 
Defense; and 
^
: 
(2) relate such identification and measurement to the budget 
process, 
(b) DEADUNE.—The report required by subsection (a) shall be 
submitted no later than February 1,1988. 
Transportation. 
SEC. 318. AUTHORITY TO PROVIDE FREE SHUTTLE SERVICE FOR MEM-
BERS AND FAMILIES IN ISOLATED AREAS 
(a) AUTHORITY FOR TRANSPORTATION.—Subsection (a) of section 
2632 of title 10, United States Code, is amended to read as follows: 
"(aXD Whenever the Secretary of the military department con-
cerned determines that it is necessary for the effective conduct of 
the affairs of his department, the Secretary may provide the 
transportation described in paragraph (2). 
"(2) Transportation that may be provided under this subsection is 
assured and adequate transportation by motor vehicle or water 
carrier as follows: 
"(A) Transportation among places on a military installation 
(including any subinstallation of a military installation). 
. 
"(B) Transportation to and from their places of duty or 
:
A
«
. J emplo3mient on a military installation for persons covered by 
this subsection. 
"(C) Transportation to and from a military installation for 
persons covered by this subsection and their dependents, in the 
«; case of a military installation located in an area determined by 
the Secretary concerned not to be adequately served by regu-
'liiif larly scheduled, and timely, commercial or municipal mass 
transit services. 
"(D) Transportation to and from their places of emplojrment 
for persons attached to, or employed in, a private plant that is 
manufacturing material for that department, but only during 
a war or a national emergency declared by Congress or the 
President. 
Regulations. 
"(3) Except as provided under subsection (bX3), transportation 
under this subsection shall be provided at reasonable rates of fare 
under regulations prescribed by the Secretary of Defense. 
"(4) Persons covered by this subsection, in the case of any military 
installation, are members of the armed forces, employees of the 
military department concerned, and other persons attached to that 
department who are assigned to or employed at that installation.". 
(b) WAIVER OF FARE REQUIREMENT.—Subsection (b) of such section 
is amended— 
(1) by striking out "(2XA)" and inserting in lieu thereof "(2)"; 
(2) Vy striking out subparagraph (B) of paragraph (2) and 
inserting in lieu thereof the following: 
"(3) In providing transportation described in subsection (aX2XA) at 
any military installation, the Secretary concerned may not require a 
fare for the transportation of members of the armed forces if the 
transportation is incident to the performance of duty. In providing 
transportation described in subsection (aX2XC) to and from any 
military installation, the Secretary concerned (under regulations 
prescribed under sul»ection (aX3)) may waive any requirement for a 
fare."; and 
(3) by redesignating subparagraph (C) at the end of such 
subsection as paragraph (4). 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1077 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Subsection (b) of 
such section is further amended— 
(1) in paragraph (1), by striking out "Transportation may not 
be provided under subsection (aX2)" and inserting in Heu 
thereof "Transportation described in subparagraphs (B), (C), and 
(D) of subsection (a)(2) may not be provided"; 
(2) in paragraph (2) (as designated by subsection (b)(1)), by 
striking out "transportation at any military installation under 
subsection (a)(1)" and inserting in lieu thereof "transportation 
•i 
described in subsection (a)(2XA) at any military installation"; 
and 
jj,. 
(3) in paragraph (4) (as designated by subsection (b)(3)), by 
striking out "subsection (a)(1)" and inserting in lieu thereof 
"subsection (a)". 
(d) DEADUNE FOR REGULATIONS.—Regulations to implement the 10 use 2632 
amendments to section 2632 of title 10, United States Code, made by ^°^-
this section shall be prescribed not later than 90 days after the date 
of the enactment of this Act. 
SEC. 319. OPERATION OF UNITED STATES ARMY SCHOOL OF THE 
AMERICAS 
(a) IN GENERAL.—(1) Chapter 407 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 4415. United States Army School of the Americas 
lo USC 4415. 
"(a) The Secretary of the Army may operate the military edu-
cation and training facility known as the United States Army 
School of the Americas. 
"(b) The School for the Americas shall be operated for the purpose 
of providing military education and training to military personnel of 
Central and South American countries and Caribbean countries. 
"(c) The fixed costs of operating and maintaining the School for 
the Americas may be paid from funds available for operation and 
maintenance of the Army. 
"(d) Tuition fees charged for personnel receiving military edu-
cation and training from the school may not include the fixed costs 
of operating and maintaining the school.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"4415. United States Army School of the Americas.". 
(b) EFFECTIVE DATE.—Section 4415 of title 10, United States Code, 10 use 4415 
as added by subsection (a), shall take effect as of October 1, 1987. note. 
SEC. 320. AUTHORITY TO REPAIR AND MAINTAIN CERTAIN MEMORIALS Philippines. 
AND HISTORIC SITES ON THE ISLAND OF CORREGIDOR 
(a) AUTHORITY.—The Secretary of Defense may repair and main-
tain memorial monuments and historic sites on the Island of 
Corregidor in the Republic of the Philippines which relate to 
involvement of the Armed Forces of the United States in the 
Philippines. 
0)) FY88 AUTHORIZATION.—For the purpose described in subsec-
tion (a), the Secretary may use not more than $100,000 of the funds 
appropriated under section 301 for operation and maintenance of 
the Navy. 
101 STAT. 1078 
PUBLIC LAW 100-180—DEC. 4, 1987 
SEC. 321. COMPTROLLER GENERAL STUDY OF CENSORSHIP OF STARS 
AND STRIPES NEWSPAPER 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study of allegations of censorship by military commanders 
of the Department of Defense newspaper, Stars and Stripes. 
(b) REPORT.—The Comptroller General shall transmit to Congress 
a report on the results of such study not later than 90 days after the 
date of the enactment of this Act. Such report shall include the 
findings of the Comptroller General regarding the validity of the 
allegations and any recommendation concerning those allegations 
which the Comptroller General considers to be appropriate. 
SEC. 322. LIMITATION ON OPERATION OF EXISTING POSEIDON-CLASS 
SUBMARINE USS ANDREW JACKSON 
ft- 
Effective as of March 1, 1988, no funds appropriated to the 
Department of Defense for fiscal year 1988 or a prior year may be 
obligated or expended to overhaul, operate, maintain, or deploy the 
USS Andrew Jackson (SSBN 619). 
PART C—HUMANITARIAN AND OTHER ASSISTANCE 
SEC. 331. EXTENSION 
OF 
AUTHORIZATION 
FOR 
HUMANITARIAN 
ASSISTANCE 
^ ^. 
(a) AUTHORIZATION OF FUNDS.—There is authorized to be appro-
' 
' ' * 
priated to the Department of Defense for fiscal year 1988 the sum of 
$13,000,000 for the purpose of providing transportation for humani-
tarian relief for persons displaced or who are refugees because of the 
invasion of Afghanistan by the Soviet Union. Of this sum, not more 
than $3,000,000 is authorized to be used for distribution of humani-
tarian relief supplies to the non-Communist resistance organizations 
at or near the border between Thailand and Cambodia. 
(h) AUTHORITY TO TRANSFER FUNDS.—The Secretary of Defense is 
authorized to transfer to the Secretary of State not more than 
$3,000,000 of the funds appropriated pursuant to the authorization 
in this section to provide for (1) paying for administrative costs of 
providing the transportation described in subsection (a), and (2) the 
purchase or other acquisition of transportation assets for the dis-
tribution of relief supplies in the country of destination. 
(c) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF 
STATE.—Transportation provided with funds appropriated pursuant 
to the authorization in this section shall be under the direction of 
t i ": c , 
the Secretary of State. 
(d) MEANS OF TRANSPORTATION TO BE USED.—Transportation for 
humanitarian relief provided with funds appropriated pursuant to 
''^ 
the authorization in this section shall be by the most economical 
commercial or military means available, unless the Secretary of 
State determines that it is in the national interest of the United 
States to use means other than the most economical available. Such 
means may include the use of aircraft and personnel of the reserve 
component of the Armed Forces. 
(e) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to 
the authorization in subsection (a) shall remain available until 
expended, to the extent provided in appropriations Acts. 
(f) REPORTS.—The Secretary of Defense shall submit to the 
Committees on Armed Services and Foreign Relations of the Senate 
and the Committees on Armed Services and Foreign Affairs of the 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1079 
House of Representatives two reports, one of which shall be 
submitted not later than 60 days after the date of the enactment of 
this Act and the other not later than June 1,1988. Each such report 
shall contain (as of the date on which the report is submitted) the 
following information: 
(1) The total amount of funds obligated for humanitarian 
relief under this section and section 331 of the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 
Stat. 3856). 
(2) The number of scheduled and completed flights for pur-
poses of providing humanitarian relief under this section and 
section 331 of such Act. 
(3) A description of any transfer (including to whom the 
transfer is made) of excess nonlethal supplies of the Department 
of Defense made available for humanitarian relief purposes 
under section 2547 of title 10, United States Code. 
SEC. 332. EXTENSION AND CODIFICATION OF AUTHORITY OF SECRETARY 
OF DEFENSE TO TRANSPORT HUMANITARIAN RELIEF SUP-
PLIES TO FOREIGN COUNTRIES 
(a) IN GENERAL.—Chapter 20 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 402. Transportation of humanitarian relief supplies to foreign 1
0 U
S
C 402. 
countries 
"(a) Notwithstanding any other provision of law, and subject to 
subsection (b), the Secretary of Defense may transport to any coun-
try, without charge, supplies which have been furnished by a non-
governmental source and which are intended for humanitarian 
assistance. Such supplies may be transported only on a space avail-
able basis. 
"(b)(1) The Secretary may not transport supplies under subsection 
(a) unless the Secretary determines that— 
"(A) the transportation of such supplies is consistent with the 
foreign policy of the United States; 
"(B) the supplies to be transported are suitable for humani-
tarian purposes and are in usable condition; 
"(C) there is a legitimate humanitarian need for such supplies 
by the people for whom they are intended; 
"(D) the supplies will in fact be used for humanitarian pur-
poses; and 
"(E) adequate arrangements have been made for the distribu-
tion of such supplies in the destination country. 
"(2) The President shall establish procedures for making the President of U.S. 
determinations required under paragraph (1). Such procedures shall 
include inspection of supplies before acceptance for transport. 
"(3) It shall be the responsibility of the donor to ensure that 
supplies to be transported under this section are suitable for 
transport. 
"(c)(1) Supplies transported under this section may be distributed 
by an agency of the United States Government, a foreign govern-
ment, an international organization, or a private nonprofit relief 
^ 
organization. 
(2) Supplies transported under this section may not be distrib-
uted, directly or indirectly, to any individual, group, or organization 
engaged in a military or paramilitary activity. 
M'5 
.S(f • 
'Ms 
101 STAT. 1080 
PUBLIC LAW 100-180—DEC. 4, 1987 
Reports. 
"(d) At the end of each six-month period, the Secretary of State 
shall submit to the Committees on Armed Services and Foreign 
Relations of the Senate and the Committees on Armed Services and 
Foreign Affairs of the House of Representatives a report identifying 
the origin, contents, destination, and disposition of all supplies 
transported under this section during such six-month period.". 
(b) CONFORMING AMENDMENTS.—(1) Section 401 of such title is 
amended— 
(A) by striking out the section heading and inserting in lieu 
thereof the following: 
"§ 401. Humanitarian and civic assistance provided in conjunction 
with military operations"; 
(B) in subsection (a)— 
(i) by inserting "(1)" after "(a)"; and 
(ii) by redesignating clauses (1) and (2) as clauses (A) and 
(B);and 
(C) by redesignating subsections (b) and (c) as paragraphs (2) 
and (3), respectively. 
(2) Section 402 of such title (as in effect on the day before the date 
of the enactment of this section) is amended— 
(A) by striking out the section heading; and 
(B) by designating the text following such heading as subsec-
tion (b). 
(3) Section 403 of such title is amended— 
(A) by striking out the section heading; 
(B) by redesignating subsection (a) as subsection (cXl); and 
(C) by redesignating subsection (b) as paragraph (2). 
(4) Sections 404, 405, and 406 of such title are amended— 
(A) by striking out the section headings; and 
(B) by designating the text following such headings as subsec-
tions (d), (e), and (f), respectively. 
(5) Section 401 of such title (as amended by this subsection) is 
further amended by striking out "chapter" each place it appears 
and inserting in lieu thereof "section". 
(6) The chapter heading and table of sections at the beginning of 
such chapter are amended to read as follows: 
"CHAPTER 20—HUMANITARIAN AND OTHER 
ASSISTANCE 
"Sec. 
"401. Humanitarian and civic assistance provided in conjunction with military 
y. V • .., ,, 
f
, - 
operations. 
"402. Transportation of humanitarian relief supplies to foreign countries.". 
(c) CLERICAL AMENDMENTS.—The tables of chapters at the begin-
ning of subtitle A of title 10, United States Code, and at the 
beginning of part I of such subtitle are each amended by striking out 
the item relating to chapter 20 and inserting in lieu thereof the 
following: 
"20. Humanitarian and other Assistance 
401". 
10 use 402 note. 
(d) FiRST REPORT DEADLINE.—The first report under section 402(d) 
of title 10, United States Code, as added by subsection (a), shall be 
submitted not more than six months after the date on which the 
most recent report was submitted under section 1540(e) of the 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1081 
Department of Defense Authorization Act, 1985 (Public Law 98-525; 
98 Stat. 2638). 
TITLE IV—PERSONNEL AUTHORIZATIONS FOR FISCAL 
YEARS 1988 AND 1989 
PART A—ACTIVE FORCES 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES 
(a) FISCAL YEAR 1988.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 1988, as 
follows: 
(1) The Army, 780,900. 
(2) The Navy, 593,200. 
(3) The Marine Corps, 199,600. 
(4) The Air Force, 598,700. 
OJ) FISCAL YEAR 1989.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 1989, in the 
same numbers as specified in subsection (a). 
SEC. 402. STRENGTH OF ACTIVE-DUTY OFFICER CORPS 
10 USC 521 note. 
(a) AUTHORITY TO INCREASE FOR FISCAL YEAR 1988.—Subject to 
sulDsection (b), the Secretary of Defense may increase by not more 
ijt; au oi 
than 1 percentage point (to not more than 98 percent) the percent-
age limitation prescribed in section 403(a) of the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 
3859) applicable to the total number of commissioned officers of the 
Army, Navy, Air Force, and Marine Corps that may be serving on 
active duty as of September 30,1988. 
(b) CERTIFICATION AND REPORT.—The Secretary may exercise the 
authority under subsection (a) only i
f
— 
(1) the Secretary makes a determination that such increase is 
necessary in order to avoid severe personnel management prob-
lems in the Army, Navy, Air Force, and Marine Corps during 
fiscal year 1988 and certifies such determination to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives; and 
(2) the Secretary submits to those Committees with such 
certification a report providing legislative recommendations for 
temporary changes in chapter 36 of title 10, United States Code, 
and other provisions of law enacted by the Defense Officer 
Personnel Management Act (Public Law 96-513) that the Sec-
retary considers necessary in order to implement the required 
officer reductions under such section 403 with the least possible 
adverse effect on the Armed Forces. 
(c) REALLOCATION OF REDUCTIONS.—(1) If the Secretary exercises 
the authority under subsection (a)— 
(A) in lieu of the total number of commissioned officers 
serving on active duty as prescribed in the table in section 
403(a) of the National Defense Authorization Act for Fiscal Year 
1987, the total number of commissioned officers serving on 
active dutv in the Army, Navy, Air Force, and Marine Corps as 
of September 30, 1989, may not exceed the number equal to 96 
percent of the total numbier of such officers serving on active 
duty as of September 30,1986; and 
(B) the total number of commissioned officers serving on 
active duty in the Army, Navy, Air Force, and Marine Corps as 
101 STAT. 1082 
PUBLIC LAW 100-180—DEC. 4, 1987 
of September 30, 1990, may not exceed the number equal to 94 
percent of the total number of such officers serving on active 
duty as of September 30,1986. 
(2) In computing the authorized strength of commissioned officers 
under paragraph (1), officers in the categories described in section 
403(b) of the National Defense Authorization Act for Fiscal Year 
1987 shall be excluded. 
SEC. 403. REDUCTION IN AUTHORIZATION BASED ON SAVINGS 
Amounts authorized to be appropriated for fiscal year 1988 for 
military personnel of the Department of Defense are reduced, by 
reason of savings attributable to reductions during fiscal year 1987 
in the number of commissioned officers on active duty required by 
section 403(a) of National Defense Authorization Act for Fiscal Year 
1987 (Public Law 99-661), as follows: 
(1) For "Military Personnel, Army", $49,438,000. 
(2) For "Military Personnel, Navy", $46,461,000. 
, 
(3) For "Military Personnel, Air Force", $50,057,000. 
(4) For "Military Personnel, Marine Corps", $9,080,000. 
*"' 
- 
' 
• 
PART B—RESERVE FORCES 
10 u s e 261 note. 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE 
(a) FISCAL YEAR 1988.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve components 
as of September 30,1988, as follows: 
(1) The Army National Guard of the United States, 457,270. 
- 
(2) The Army Reserve, 324,300. 
(3) The Naval Reserve, 152,600. 
(4) The Marine Corps Reserve, 43,600. 
(5) The Air National Guard of the United States, 115,900. 
(6) The Air Force Reserve, 82,400. 
(7) The Coast Guard Reserve, 14,000. 
(b) FISCAL YEAR 1989.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve components 
as of September 30, 1989, in the same numbers as specified in 
subsection (a). 
(c) WAIVER AUTHORITY.—The Secretary of Defense may vary an 
end strength prescribed by subsection (a) or subsection (b) by not 
more than 4 percent. 
(d) ADJUSTMENTS.—The end strengths prescribed by subsections (a) 
and (b) for the Selected Reserve of any reserve component shall be 
proportionately reduced by— 
(1) the total authorized strength of units organized to serve as 
units of the Selected Reserve of such component which are on 
active duty (other than for training) at the end of the fiscal year; 
and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training or 
for unsatisfactory participation in training) without their con-
sent at the end of the fiscal year. 
Whenever such units or such individual members are released from 
active duty during any fiscal year, the end strength prescribed for 
such fiscal year for the Selected Reserve of such reserve component 
shall be proportionately increased by the total authorized strength 
of such units and by the total number of such individual members. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1083 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT 
OF THE RESERVES 
Within the strengths prescribed in section 411, the reserve compo-
nents of the Armed Forces are authorized, as of September 30,1988, 
and as of September 30,1989, the following number of Reserves to be 
serving on full-time active duty or, in the case of members of the 
National Guard, full-time National Guard duty for the purpose of 
lorganizing, administering, recruiting, instructing, or training the 
reserve components: 
(1) The Army National Guard of the United States, 25,725. 
(2) The Army Reserve, 13,329. 
(3) The Naval Reserve, 21,991. 
'^*k 
(4) The Marine Corps Reserve, 1,945. 
(5) The Air National Guard of the United States, 7,836. 
(6) The Air Force Reserve, 669. 
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AU-
THORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE 
RESERVES 
(a) SENIOR ENUSTED MEMBERS.—(1) The table in section 517(b) of 
title 10, United States Code, is amended to read as follows: 
E-9 
E-8 
"Grade 
Army 
517 
2,295 
Navy 
175 
390 
Air 
Force 
125 
425 
Marine 
Corps 
13 
74". 
(2) Effective on October 1, 1988, that table is amended to read as 
follows: 
E-9 
E-8 
"Grade 
Army 
529 
2,350 
Navy 
180 
400 
Air 
Force 
150 
425 
Marine 
Corps 
13 
74". 
O
t
)
) OFFICERS.—(1) The table in section 524(a) of such title is 
amended to read as follows: 
^Grade 
Army 
Navy 
p^lc^, 
"g^jg^ 
Major or Lieutenant Commander 
2,550 
850 
575 
105 
Lieutenant Colonel or Commander 
1,152 
520 
322 
70 
Colonel or Navy Captain 
348 
185 
184 
25". 
(2) Effective on October 1, 1988, that table is amended to read as lo use 524 note. 
follows: 
91-194 O - 90 - 4 : QL.3 Part 2 
101 STAT. 1084 
PUBLIC LAW 100-180—DEC. 4, 1987 
8
7
5 
5
2
0 
1
8
5 
5
7
5 
3
2
2 
1
9
0 
1
1
0 
7
5 
2
5
' 
rortlSSO&IJ 01 
"Grade 
Army 
Navy 
^ ^ 
^ ^ ^ 
Major or Lieutenant Commander 
2,600 
Lieutenant Colonel or Commander 
1,250 
Colonel or Navy Captain 
348 
PART C—MILITARY TRAINING STUDENT LOADS 
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS 
(a) IN GENERAL.—The components of the Armed Forces are au-
thorized average military training student loads as follows: 
(1) The Army: 
(A) 82,503, for fiscal year 1988. 
•^ 
(B) 81,320, for fiscal year 1989. 
*" ^^"^ 
a^ 
(2) The Navy: 
:,.:^„;;' 
(A) 68,993, 
for 
fiscal year 1988. 
*
•
* ^ ^'^^^^ • 
m 
(B) 70,044, for fiscal year 1989. 
(3) The Marine Corps: 
? 
(A) 20,341, for fiscal year 1988. 
^ 
,; " 
(B) 19,873, for fiscal year 1989. 
^ 
(4) The Air Force: 
'^^- '-
(A) 38,574, for fiscal year 1988. 
j 
(B) 39,972, for fiscal year 1989. 
q^g 
:y 
(5) The Army National Guard of the United States: 
,5-^ 
(A) 18,501, for fiscal year 1988. 
(B) 19,707, for fiscal year 1989. 
(6) The Army Reserve: 
, ^., ,-., . 
,. .^ r
-
«
® 
(A) 15,075, for fiscal year 1988. 
^^-^^ •' ^ 
':,4i.>. 
(B) 15,950, for fiscal year 1989. 
(7) The Naval Reserve: 
. . . 
(A) 2,841, for fiscal year 1988. 
« 
(B) 2,841, 
for 
fiscal year 1989. 
*
^
^ 
(8) The Marine Corps Reserve: 
(A) 3,970, for fiscal year 1988. 
- ., 
,,: 
(B) 3,977, for fiscal year 1989. 
;. v 
(9) The Air National Guard of the United States: 
~
~ 
(A) 2,508, for fiscal year 1988. 
(B) 2,366, for fiscal year 1989. 
. =tr . 
, ,. > n ,„', 
®
^ 
(10) The Air Force Reserve: 
';' v
^ ^ /CX "" ;'^;1 :r:.. 
(A) 1,968, 
for 
fiscal year 1988. 
^^^^^-«-' 
' ^^ u4y..'^.m 
(B) 1,965, for fiscal year 1989. 
(b) ADJUSTMENTS.—The average military student loads authorized 
in subsection (a) shall be adjusted consistent with the end strengths 
authorized in parts A and B. The Secretary of Defense shall pre-
scribe the manner in which such adjustment shall be apportioned. 
PART D—APPROPRIATION LIMITATION 
SEC. 431. LIMITATION ON APPROPRIATIONS FOR MILITARY PERSONNEL 
FOR FISCAL YEAR 1988 
The total amount appropriated for military personnel of the 
Department of Defense for fiscal year 1988 may not exceed 
$77,491,000,000 ($77,109,000,000). 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1085 
Uli* 
TITLE V—MILITARY PERSONNEL 
SEC. 501. EXTENSION OF AUTHORITY TO MAKE TEMPORARY PRO-
MOTIONS OF CERTAIN NAVY LIEUTENANTS 
(a) TWO-YEAR EXTENSION.—Section 5721(f) of title 10, United 
States Code, is amended by striking out "September 30, 1987" and 
inserting in lieu thereof "September 30,1989". 
' ^ " ^ * 
(b) SAVINGS PROVISION.—(1) The Secretary of the Navy shall pro- lo use 5721 
vide, in the case of an officer appointed to the grade of lieutenant note. 
commander on or after the date of the enactment of this Act under 
an appointment described in paragraph (2), that the date of rank of 
such officer under that appointment shall be the date of rank that 
would have applied to the appointment had the authority referred 
to in that paragraph not lapsed. 
(2) An appointment referred to in paragraph (1) is an appointment 
under section 5721 of title 10, United States Code, that (as deter-
mined by the Secretary of the Navy) would have been made during 
the period beginning on October 1, 1987, and ending on the date of 
the enactment of this Act had the authority to make appointments 
under that section not lapsed during such period. 
SEC. 502. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT 
PROGRAMS 
(a) GRADE DETERMINATION AUTHORITY FOR RESERVE MEDICAL OFFI-
CERS.—Sections 3359(b) and 8359(b) of title 10, United States Code, 
are amended by striking out "September 30, 1987" and inserting in 
lieu thereof "September 30,1989". 
O
t
)
) PROMOTION AUTHORITY FOR CERTAIN RESERVE OFFICERS SERV-
ING ON ACTIVE DUTY.—(1) Sections 3380(d) and 8380(d) of such title 
are amended by striking out "September 30, 1987" and inserting in 
lieu thereof "September 30,1989'. 
(2) The Secretary of the Army or the Secretary of the Air Force, as 10 USC 3380 
appropriate, shall provide, in the case of a Reserve officer appointed note. 
to a higher reserve grade on or after the date of the enactment of 
this Act under an appointment described in paragraph (3), that the 
date of rank of such officer under that appointment shall be the date 
of rank that would have applied to the appointment had the author-
ity referred to in that paragraph not lapsed. 
(3) An appointment referred to in paragraph (2) is an appointment 
10 USC 3380 
under section 3380 or 8380 of title 10, United States Code, that (as note. 
determined by the Secretary concerned) would have been made 
during the period beginning on October 1, 1987, and ending on the 
date of the enactment of this Act had the authority to make 
appointments under that section not lapsed during such period. 
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER TO THE RETIRED 
RESERVE.—Effective as of October 1, 1987, section 1016(d) of the 
Department of Defense Authorization Act, 1984 (10 U.S.C. 3360 
note), is amended by striking out "September 30, 1987" and insert-
ing in lieu thereof "September 30,1989". 
SEC. 503. EXTENSION OF SINGLE-PARENT ENLISTMENT AUTHORITY IN 
RESERVE COMPONENTS 
Section 523(d) of the National Defense Authorization Act for lo USC 5io note. 
Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3871) is amended by 
striking out "September 30, 1988" and inserting in lieu thereof 
"September 30,1989". 
101 STAT. 1086 
PUBLIC LAW 100-180—DEC. 4, 1987 
SEC. 504. AUTHORITY TO AWARD DEGREE OF MASTER OF LAWS IN MILI-
TARY LAW 
(a) ARMY JUDGE ADVOCATE GENERAL'S SCHOOL.—Chapter 401 of 
title 10, United States Code, is amended by adding at the end the 
following new section: 
1
0 use 4315. 
"§ 4315. The Judge Advocate General's School: master of laws in 
military law 
-op 
"Under regulations prescribed by the Secretary of the Army, the 
Commandant of the Judge Advocate General's School of the Army 
may, upon recommendation by the faculty of such school, confer the 
degree of master of laws (LL.M.) in military law upon graduates of 
the school who have fulfilled the requirements for that degree.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"4315. The Judge Advocate General's School: master of laws in military law.". 
SEC. 505. WITHHOLDING OF STATE AND LOCAL INCOME TAXES FOR 
NATIONAL GUARD AND RESERVE DRILL PAY 
Subchapter II of chapter 55 of title 5, United States Code, is 
amended— 
(1) by striking out "do not" in section 5517(d); and 
(2) by inserting "(other than service described in section 
a? 
5517(d) of this title)" in the third sentence of section 5520(a) 
after "Armed Forces". 
SEC. 506. ONE-YEAR DELAY IN MINIMUM PERCENTAGE OF AIR FORCE 
ENLISTEES REQUIRED TO BE WOMEN 
Section 551(a) of the Department of Defense Authorization Act, 
;>;.. ;: r« 
1985 (10 U.S.C. 8251 note), is amended by striking out "fiscal year 
-oju" 1988" and inserting in lieu thereof "fiscal year 1989". 
SEC. 507. STUDY OF WARTIME MOBILIZATION REQUIREMENTS OF THE 
COAST GUARD 
(a) 10-YEAR PLAN.—The Secretary of Transportation shall submit 
to Congress a plan to enable the Coast Guard to meet 95 percent of 
!ii-<- 
u e. 
its wartime mobilization requirements by September 30, 1998. Such 
9io.i plan shall include recommendations with respect to— 
(1) annual increases in authorized end strengths for Coast 
Guard Selected Reserve personnel; 
(2) recruiting and training resources; and 
(3) equipment and other logistic support necessary to enable 
the Coast Guard to meet that requirement. 
O
t
>
) DEADUNE.—The plan required by subsection (a) shall be 
submitted not later than 60 days after the date of the enactment of 
this Act. 
SEC. 508. WEARING OF RELIGIOUS APPAREL BY MEMBERS OF THE 
ARMED FORCES WHILE IN UNIFORM 
(a) IN GENERAL.—Chapter 45 of title 10, United States Code, is 
D
.
,
;
o
n (m B'l.':- amended— 
(1) by redesignating section 774 as section 775; and 
(2) by inserting after section 773 the following new section 
774: 
: ....•.,.,-. .*....w.M.^^.. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1087 
"§ 774. Religious apparel: wearing while in uniform 
10 use 774. 
"(a) GENERAL RULE.—Except as provided under subsection (b), a 
member of the armed forces may wear an item of religious apparel 
while wearing the uniform of the member's armed force. 
"Ot)) EXCEPTIONS.—The Secretary concerned may prohibit the 
wearing of an item of religious apparel— 
"(1) in circumstances with respect to which the Secretary 
determines that the wearing of the item would interfere with 
the performance of the member's military duties; or 
"(2) if the Secretary determines, under regulations under 
' 
' 
subsection (c), that the item of apparel is not neat and 
conservative. 
"(c) REGULATIONS.—The Secretary concerned shall prescribe regu-
lations concerning the wearing of religious apparel by members of 
the armed forces under the Secretary's jurisdiction while the mem-
bers are wearing the uniform. Such regulations shall be consistent 
with subsections (a) and (b). 
"(d) RELIGIOUS APPAREL DEFINED.—In this section, the term 'reli-
gious apparel' means apparel the wearing of which is part of the 
observance of the religious faith practiced by the member.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by striking out the item relating to 
section 774 and inserting in lieu thereof the following: 
"774. Religious apparel: wearing while in uniform. 
"775. Applicability of chapter.". 
(c) REGULATIONS.—The Secretary concerned shall prescribe the lo use 774 note. 
regulations required by section 774(c) of title 10, United States Code, 
as added by subsection (a), not later than the end of the 120-day 
period beginning on the date of the enactment of this Act. 
SEC. 509. MILITARY EDUCATION PROGRAM FOR ARMY NATIONAL GUARD 
CIVILIAN TECHNICIANS 
(a) RELATIONSHIP TO MILITARY PROMOTIONS.—A civilian technician 
of the Army National Guard who is unable to complete required 
training under the Military Education Program for civilian techni-
cians of the Army National Guard established on August 1, 1985, 
may not be denied a military promotion solely by reason of the 
failure to complete such training if the reeison for such failure was 
solely lack of availability of training spaces. 
O
b
) REPORT.—Not later than February 15, 1988, the Comptroller 
General shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the Military 
Education Program referred to in subsection (a). The report shall 
describe— 
(1) the cost effectiveness of the program; 
(2) the effect of the program on readiness; and 
(3) the effect of the program on the sick leave, annual leave, 
and other benefits of civilian technicians of the Army National 
Guard and any resulting effect on their morale. 
SEC. 510. REMOVAL OF STATUTORY MILITARY DEPARTMENT CEILINGS 
ON NUMBER OF ROTC SCHOLARSHIPS 
Subsection (h) of section 2107 of title 10, United States Code, is 
amended to read as follows: 
"(h) Not more than 29,500 cadets and midshipmen appointed 
under this section may be in the financial assistance programs at 
101 STAT. 1088 
PUBLIC LAW 100-180—DEC. 4, 1987 
b/ 
l<j 
&
>
: JBU In any one time. The Secretary of Defense shall determine the number 
of cadets and midshipmen appointed under this section who may be 
in the financial assistance programs at any one time in each mili-
tary department.". 
SEC. 511. LIMITED AUTHORITY TO TRANSFER A
M
O
N
G SERVICES GRADES 
ABOVE MAJOR GENERAL AND REAR ADMIRAL 
(a) IN GENERAL.—Section 525 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
President of U.S. 
"(c)(1) Subject to paragraph (3), the President— 
"(A) may make appointments in the Army, Air Force, and 
Marine Corps in the grade of lieutenant general and in the 
Army and Air Force in the grade of general in excess of the 
applicable numbers determined under subsection (bXD, and 
may make appointments in the Marine Corps in the grade of 
'^l[ general in addition to the Commandant and Assistant Com-
' 
mandant, if each such appointment is made in conjunction with 
an offsetting reduction under paragraph (2); and 
^ 
"(B) may make appointments in the Navy in the grades of 
" 
vice admiral and admiral in excess of the applicable numbers 
determined under subsection Ot)X2) if each such appointment is 
made in conjunction with an offsetting reduction under para-
graph (2). 
"(2) For each appointment made under the authority of paragraph 
(1) in the Army, Air Force, or Marine Corps in the grade of lieuten-
ant general or general or in the Navy in the grade of vice admiral or 
AiHi tvrns n> admiral, the number of appointments that may be made in the 
equivalent grade in one of the other armed forces (other than the 
President of U.S. 
Coast Guard) shall be reduced by one. When such an appointment is 
made, the President shall specify the armed force in which the 
reduction required by this paragraph is to be made. 
"(3XA) The number of officers that may be serving on active duty 
in the grades of lieutenant general and vice admiral by reason of 
appointments made under the authority of paragraph (1) may not 
exceed the number equal to 10 percent of the total number of 
officers that may be serving on active duty in those grades in the 
Army, Navy, Air Force, and Marine Corps under subsection (b). 
"(B) The number of officers that may be serving on active duty in 
the grades of general and admiral by reason of appointments made 
under the authority of paragraph (1) may not exceed the number 
equal to 15 percent of the total number of general officers and flag 
officers that may be serving on active duty in those grades in the 
Army, Navy, Air Force, and Marine Corps. 
"(4) Upon the termination of the appointment of an officer in the 
grade of lieutenant general or vice admiral or general or admiral 
that was made in connection with an increase under paragraph (1) 
in the number of officers that may be serving on active duty in that 
armed force in that grade, the reduction made under paragraph (2) 
in the number of appointments permitted in such grade in another 
armed force by reason of that increase shall no longer be in effect.". 
10 use 525 note. 
(b) SAVINGS PROVISION.—An officer of the Armed Forces on active 
duty holding an appointment in the grade of lieutenant general or 
vice admiral or general or admiral on September 30, 1987, shall not 
have that appointment terminated by reason of the numerical 
limitations determined under section 525(b) of title 10, United States 
Code. In the case of an officer of the Marine Corps serving in the 
grade of general by reason of an appointment authorized by section 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1089 
511(3) of the National Defense Authorization Act for Fiscal Year 
1987 (Public Law 99-661; 100 Stat. 3869), that appointment shall not 
be terminated except as provided in section 601 of title 10, United 
States Code. 
SEC. 512. ADVANCE IN RETIRED GRADE AFTER 30 YEARS OF SERVICE FOR 
CERTAIN MEMBERS 
(a) ARMY.—Section 3964 of title 10, United States Code, is 
amended to read as follows: 
"§ 3964. Higher grade after 30 years of service: warrant officers 
and enlisted members 
"(a) Each retired member of the Army covered by subsection O
t
)
) 
who is retired with less than 30 years of active service is entitled, 
when his active service plus his service on the retired list totals 3() 
years, to be advanced on the retired list to the highest grade in 
which he served on active duty satisfactorily (or, in the case of a 
member of the National Guard, in which he served on full-time duty 
.am Da J fti 
satisfactorily), as determined by the Secretary of the Army. 
"(b) This section applies to— 
"(1) warrant officers of the Army; 
"(2) enlisted members of the Regular Army; and 
"(3) reserve enlisted members of the Army who, at the time of 
retirement, are serving on active duty (or, in the C£ise of mem-
bers of the National Guard, on full-time National Guard duty).". 
(b) NAVY AND MARINE CORPS.—Chapter 571 of such title is 
amended by adding at the end the following new sections: 
"§ 6334. Higher grade after 30 years of service: warrant officers 
lo USC 6334. 
and enlisted members 
"(a) Each member of the naval service covered by subsection (b) 
who, after the date of the enactment of this section, is retired with 
less than 30 years of active service or is transferred to the Fleet 
Reserve or Fleet Marine Corps Reserve is entitled, when his active 
service plus his service on the retired list or his service in the Fleet 
Reserve or the Fleet Marine Corps Reserve totals 30 years, to be 
advanced on the retired list to the highest grade in which he served 
on active duty satisfactorily, as determined by the Secretary of the 
Navy. 
"(b) This section applies to— 
"(1) warrant officers of the naval service; 
"(2) enlisted members of the Regular Navy and Regular 
Marine Corps; and 
"(3) reserve enlisted members of the Navy and Marine Corps 
who, at the time of retirement or transfer to the Fleet Reserve 
or Fleet Marine Corps Reserve, are serving on active duty. 
"(c) An enlisted member of the naval service who is advanced on 
the retired list under this section is entitled to recompute his retired 
or retainer pay under formula A of the following table, and a 
warrant officer of the naval service so advanced is entitled to 
recompute his retired pay under formula B of that table. The 
amount recomputed, if not a multiple of $1, shall be rounded to the 
next lower multiple of $1. 
101 STAT. 1090 
PUBLIC LAW 100-180—DEC. 4, 1987 
"Formula 
Column 1 Take 
Column 2 Multiply by 
ft,('l\ 
Retired pay base as computed 
under section 1406(d) or 1407 of 
this title. 
Retired pay base as computed 
under section 1406(d) of this 
title. 
The retired pay multiplier pre-
scribed in section 1409 of this 
title for the number of years 
creditable for his retainer or re-
tired pay at the time of retire-
ment. ' 
The retired pay multiplier pre-
scribed in section 1409 of this 
title for the number of years 
credited to him under section 
1405 of this title. 
"' In determining the retired pay multiplier, credit each full month of service that is in addi-
tion to the number of full years of service creditable to the member as Vi 2 of a year and dis-
regard any remaining fractional part of a month. 
10 use 6335. 
"§ 6335. Restoration to former grade: warrant officers and enlisted 
members 
"Each retired warrant officer or enlisted member of the naval 
service who has been advanced on the retired list to a higher 
commissioned grade under section 6334 of this title, and who applies 
to the Secretary of the Navy within three months after his advance-
ment, shall, if the Secretary approves, be restored on the retired list 
to his former warrant officer or enlisted status, as the case may be.". 
(c) AIR FORCE.—Section 8964 of title 10, United States Code, is 
amended to read as follows: 
— 
,. 
. ,.-„ 
tS^:i>9aiiO' "§8964. Higher grade after 30 years of service: warrant officers 
and enlisted members 
"(a) Each retired member of the Air Force covered by subsection 
(b) who is retired with less than 30 years of active service is entitled, 
when his active service plus his service on the retired list totals 30 
years, to be advanced on the retired list to the highest grade in 
which he served on active duty satisfactorily (or, in the case of a 
member of the National Guard, in which he served on full-time duty 
satisfactorily), as determined by the Secretary of the Air Force. 
"Q)) This section applies to— 
"(1) warrant officers of the Air Force; 
"(2) enlisted members of the Regular Air Force; and 
"(3) reserve enlisted members of the Air Force who, at the 
». 
time of retirement, are serving on active duty (or, in the case of 
members of the National Guard, on full-time duty).". 
(d) CONFORMING AMENDMENTS.—(1) Sections 3965 and 3966(b)(2) of 
such title are amended by striking out "Regular". 
(2) Section 1406(d) of such title is amended— 
(A) by inserting "or 6334" after "6151"; and 
(B) by adding at the end of the table in such section the 
following: 
"6334 Basic pay of the grade to which the member is advanced under section 
6334.". 
(3) Sections 8965 and 8966(bX2) of such title are amended by 
striking out "Regular". 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1091 
(e) CLERICAL AMENDMENTS.—(1) The item relating to section 3964 
in the table of sections at the beginning of chapter 369 of such title 
is amended to read as follows: 
"3964. Higher grade after 30 years of service: warrant officers and enlisted mem-
bers.". 
(2) The table of sections at the beginning of chapter 571 of such 
title is amended by adding at the end the following new items: 
"6334. Higher grade after 30 years of service: warrant officers and enlisted mem-
biers. 
"6335. Restoration to former grade: warrant officers and enlisted members.". 
(3) The item relating to section 8964 in the table of sections at the 
beginning of chapter 869 of such title is amended to read as follows: 
"8964. Higher grade 
members.". 
after 30 years of service: warrant officers and enlisted 
(f) EFFECTIVE DATE.—The amendments made by subsections (a) lo use 3964 
and (c) shall apply to any reserve enlisted member who completes 30 note. 
years of service in the Armed Forces before, on, or after the date of 
the enactment of this Act. No person may be paid retired pay at a 
higher rate by resison of the enactment of this Act for any period 
before the date of the enactment of this Act. 
SEC. 513. TESTING FOR DRUG, CHEMICAL, AND ALCOHOL USE AND 
DEPENDENCY BEFORE ENTRY INTO THE ARMED FORCES 
(a) MANDATORY TESTING.—(1) Section 978 of title 10, United States 
Code, is amended to read as follows: 
"§ 978. Mandatory testing for drug, chemical, and alcohol abuse 
"(a) Before a person becomes a member of the armed forces, such 
person shall be required to undergo testing for drug, chemical, and 
alcohol use and dependency. 
"(b) A person who refuses to consent to testing required by 
subsection (a) may not be accepted for an original enlistment in the 
armed forces or given an original appointment as an officer in the 
armed forces unless that person consents to such testing. 
"(c) A person determined, as the result of testing conducted under 
subsection (a), to be dependent on drugs, chemicals, or alcohol shall 
be— 
"(1) denied entrance into the armed forces; and 
"(2) referred to a civilian treatment facility. 
"(d) The testing required by subsection (a) shall be carried out Regulations. 
under regulations prescribed by the Secretary of Defense in con-
sultation with the Secretary of Transportation. Those regulations 
shall apply uniformly throughout the armed forces.". 
(2) The item relating to that section in the table of sections at the 
beginning of chapter 49 of such title is amended to read as follows: 
"978. Mandatory testing for drug, chemical, and alcohol abuse.". 
(b) IMPLEMENTATION.—(1) The Secretory of Defense shall prescribe Regulations. 
regulations for the implementation of section 978 of title 10, United 
10 use 978 note. 
States Code, as amended by subsection (a), not later than 45 days 
after the date of the enactment of this Act. 
(2) The effective date for initiation of the testing program pre-
scribed by that section shall be no later than 180 days after the date 
of the enactment of this Act. 
101 STAT. 1092 
PUBLIC LAW 100-180—DEC. 4, 1987 
TITLE VI—COMPENSATION AND OTHER PERSONNEL ) 
BENEFITS 
,, ... 
...F. a; 
PART A—PAY AND ALLOWANCES 
, _ 
. ^ ,
^
f
.
,
-
. 
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1988 
, 
" ' „, 
37 use 1009 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment re-
"°*® 
quired by section 1009 of title 37, United States Code, in elements of 
compensation of members of the uniformed services to become 
effective during fiscal year 1988 shall not be made. 
37 use 1009 
Ob) THREE PERCENT INCREASE IN BASIC PAY AND BAS.—The rates of 
note. 
basic pay and basic allowance for subsistence of members of the 
uniformed services are increased by 3 percent effective on Janu-
ary 1,1988. 
37 use 403 note. 
(c) INCREASE IN BAQ.—vD The rates of basic allowance for quar-
ters for members of the uniformed services are increased by 6 
-'' 
percent effective on January 1,1988. 
(2) If as of January 1, 1988, there has not been enacted legislation 
as described in section 3(c), then the percentage increase in the rates 
of basic allowance for quarters for members of the uniformed serv-
ices to take effect on that date under paragraph (1) shall be 3 
percent (rather than the percentage specified in that paragraph), 
(d) THREE PERCENT INCREASE IN CADET AND MIDSHIPMAN PAY.— 
Effective January 1, 1988, section 203(cXl) of title 37, United States 
Code, is amended by striking out "$494.40" and inserting in lieu 
thereof "$509.10". 
SEC. 602. GAO REPORT ON FAIRNESS OF MILITARY HOUSING ALLOW-
ANCES 
(a) GAO REVIEW.—The Comptroller General shall review the 
following: 
(1) The military housing allowance system as it pertains to 
";* dual-service couples and divorced members of the uniformed 
services. For purposes of the review, a dual-service couple is a 
married couple of which both spouses are members of a uni-
formed service serving on active duty. 
: 
(2) All studies previously conducted by the Department of 
Defense on the military housing allowance system, including 
the legislative history of the existing provisions of law providing 
for the basic allowance for quarters and the variable housing 
allowance (37 U.S.C. 403 and 403a). 
(b) REPORT.—The Comptroller General shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the review conducted under subsection 
(a). The report shall include recommendations for appropriate 
changes in legislation and regulations to promote fairness in— 
(1) the compensation for military housing of a dual-service 
couple in comparison to the compensation for military housing 
of a married couple of which one spouse is a member of a 
uniformed service serving on active duty and the other spouse is 
a civilian; and 
(2) the compensation for military housing of divorced mem-
bers of the uniformed services in comparison to the compensa-
tion for military housing of other unmarried members of the 
uniformed services. 
(c) DEADUNE.—The report required by subsection (b) shall be 
submitted by March 1,1988. 
:Ui%su 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1093 
*' 
PART B—TRAVEL AND TRANSPORTATION 
^ ; 
* S'* 
gj i i cjau ^t; 
SEC. 611. ALLOWANCE FOR CIVILIAN CLOTHING 
(a) IN GENERAL.—(1) Chapter 7 of title 37, United States Code, is 
:a>f .slfs***' 
amended— 
(A) by redesignating sections 419 and 420 as sections 420 and 
421, respectively; and 
(B) by inserting after section 418 the following new section: 
"§ 419. Civilian clothing allowance 
Regulations. 
on use 419 
"Under regulations prescribed by the Secretary of Defense, a 
member of an armed force who is assigned to a permanent duty 
station at a location outside the United States is entitled to a 
civilian clothing allowance in such amount as the Secretary shall 
determine under regulations if such member is required to wear 
civilian clothing all or a substantial portion of the time in the 
perform£ince of the member's official duties. A clothing allowance 
under this section is in addition to any uniform allowance to which a 
member is otherwise entitled under this title.". 
(2) The table of sections at the beginning of such chapter is 
amended by striking out the items relating to sections 419 and 420 
and inserting in lieu thereof the following: 
"419. Civilian clothing allowance. 
"420. Allowances while participating in international sports. 
"421. Allowances: no increase while dependent is entitled to basic pay.". 
Ot)) EFFEcnvE DATE.—Section 419 of title 37, United States Code, 37 use 4i9 note. 
as added by subsection (a), shall take effect on the date of the 
enactment of this Act. No member may be psdd a clothing allowance 
under such section for any period before such date. 
SEC. 612. REIMBURSEMENT FOR ACTUAL LODGING EXPENSES PLUS PER 
DIEM FOR MEMBERS ENTITLED TO TRAVEL ALLOWANCES 
(a) REPEAL.—Section 6140)) of the National Defense Authorization 
Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3879) is 37 use 404 note. 
repealed. 
Ob) NEW EFFECTIVE DATE.—(1) The amendments made by section 
37 use 404 note. 
614(a) of the National Defense Authorization Act for Fiscal Year 
1987 shEill be implemented by the Secretaries concerned (as defined 
in section 101(5) of title 37, United States Code) not later than 90 
days ^Fter the date of the enactment of this Act and shall apply with 
^ 
^ 
respect to travel performed on or after the date of implementation. 
''^ 
' 
^ 
(2) Section 8(a) of the Defense Technical Corrections Act of 1987 
(Public Law 100-26; 101 Stat. 284) is amended by striking out ", and 
37 use 404 and 
such amendments shall be effective as provided in section 614(b) of note. 
the Defense Authorization Act". 
^rju 
SEC. 613. AUTHORIZATION TO PAY DISLOCATION ALLOWANCE IN 
ADVANCE 
Section 407 of title 37, United States Code, is amended by adding 
at the end the following new subsection: 
"(f) An allowance payable under this section may be paid in 
advance.". 
SEC. 
6
1
4
. 
TRANSPORTATION ALLOWANCE TO ENCOURAGE VOLUNTARY 
EXTENSIONS 
OF 
TOURS 
OF 
DUTY IN 
FOREIGN 
COUNTRIES 
(a) IN GENERAL.—(1) Chapter 7 of title 37, United States Code, is 
amended by inserting after section 41 If the following new section: 
101 STAT. 1094 
PUBLIC LAW 100-180—DEC. 4, 1987 
37 use 41 
ig. 
*'§ 411g. Travel and transportation allowances: transportation 
incident to voluntary extensions of overseas tours of 
duty 
Regulations. 
"(a) Under regulations prescribed by the Secretary concerned, a 
member of a uniformed service who— 
"(1) is stationed outside the United States; and 
"(2) voluntarily agrees to extend his overseas tour of duty for 
a period equal to at least one-half of the overseas tour pre-
ni. > • • - " 
scribed for his permanent duty station; 
•).: " ' 
is entitled to the transportation allowance described in subsection 
0)) for himself and each dependent who is authorized to, and does, 
accompany him. 
"(b) The transportation allowance authorized by subsection (a) is 
an allowance provided— 
"(1) in connection with authorized leave; and 
"(2) for the cost of transportation— 
"(A) from a member's permanent duty station to a place 
approved by the Secretary concerned and from that place to 
.
^ 
his permanent duty station; or 
Jl 
"(B) from a member's permanent duty station to a place 
no farther distant than his home of record (if he is a 
member without dependents) and from that place to his 
permanent duty station. 
"(c) The transportation allowance authorized by subsection (a) 
^
^ J , , 
may not be provided to an enlisted member who, with respect to an 
extension of duty described in subsection (a)— 
"(1) elects to receive special pay under section 314 of this title 
for duty performed during such extension of duty; or 
"(2) elects to receive rest and recuperative absence or 
transportation at Government expense, or any combination 
thereof, under section 705 of title 10 for such extension of duty. 
"(d) The authority under this section shall expire on October 1, 
« 
. . ^ 
1989.". 
(2) The table of sections at the beginning of such chapter is 
.9/0? f.ftt c
>
y
i 
amended by inserting after the item relating to section 41 If the 
following new item: 
"411g. Travel and transportation allowances: transportation incident to voluntary 
extensions of overseas tours of duty.". 
3
7 use 41 
ig 
(b) EFFECTIVE DATE.—Section 41 Ig of title 37, United States Code, 
note. 
as added by subsection (a), shall apply with respect to agreements to 
extend overseas tours of duty made after the date of the enactment 
of this Act. 
37use4iig 
(c) GAO REVIEW AND REPORT.—(1) The Comptroller General 
^°^- 
shall review implementation of section 41 Ig of such title after 
such section has been in effect for one year, for the purpose of 
comparing— 
(A) the total cost to the Department of Defense of the 
transportation allowance allowed under such section; with 
(B) the total cost that would have been incurred by the 
Department of Defense over such period if such section had not 
been in effect, including the costs of more frequent moves by 
members in connection with permanent station changes. 
(2) The Comptroller General shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a 
report on such review no later than March 1,1989. 
i. 
PUBLIC LAW 100-180-DEC. 4, 1987 
101 STAT. 1095 
(d) 
CLARIFICATION OF TYPE 
OF LEAVE FOR WHICH CERTAIN 
TRANSPORTATION ALLOWANCE IS GRANTED.—(1) Subsection (aX2) of 
section 411b of such title is amended by striking out "the first time 
37 use 4iib. 
the member is granted leave." and inserting in lieu thereof the 
following: "the time the member is first granted leave— 
"(A) which is to be taken away from the member's permanent 
duty station; and 
"(B) for which a travel and transportation allowance is not 
otherwise authorized.". 
(2) The heading of such section is amended to read as follows: 
"§ 411b. Travel and transportation allowances: travel performed in 
connection with leave between consecutive overseas 
tours". 
(3) The item relating to such section in the table of sections at the 
beginning of chapter 7 of such title is amended to read as follows: 
"411b. Travel and transportation allowances: travel performed in connection with 
leave between consecutive overseas tours.". 
SEC. 615. TRANSPORTATION OF FAMILY MEMBERS OF SERIOUSLY ILL OR 
, 
„ 
INJURED MEMBER 
•^' * ^ ;!; 
(a) IN GENERAL.—(1) Chapter 7 of title 37, United States Code, is 
amended by inserting after section 411g, as added by section 614, the 
following new section: 
*'§ 411h. Travel and transportation allowances: transportation of 
37 use 4iih. 
family members incident to the serious illness or iivjury 
of members 
"(aXD Under uniform regulations prescribed by the Secretaries 
concerned, transportation described in subsection (c) may be pro-
vided for not more than two family members of a member described 
in parsigraph (2) if the attending physician or surgeon and the 
commander or head of the military medical facility exercising mili-
tary control over the member determine that the presence of the 
family member is necessary for the member's health and welfare. 
"(2) A member referred to in paragraph (1) is a member of the 
uniformed services who— 
"(A) is serving on active duty; 
"(B) is seriously ill or seriously injured; and 
"(C) is hospitalized in a medical facility in or outside the 
United States. 
"(b)(1) In this section, the term 'family member', with respect to a 
member, means— 
"(A; the member's spouse; 
"(B) children of the member (including stepchildren, adopted 
children, and illegitimate children); 
"(C) parents of the member or persons in loco parentis to the 
member, as provided in paragraph (2); £md 
"(D) siblings of the member. 
"(2) Parents of a member or persons in loco parentis to a member 
include fathers and mothers through adoption and persons who 
stood in loco parentis to the member for a period not less than one 
year immediately before the member entered the uniformed service. 
However, only one father and one mother or their counterparts in 
loco parentis may be recognized in any one case. 
101 STAT. 1096 
PUBLIC LAW 100-180—DEC. 4, 1987 
"(c) The transportation authorized by subsection (a) is round-trip 
transportation between the home of the family member and the 
.iUH'-W.:! 
location of the medical facility in which the member is hospitalized. 
"(d)(1) The transportation authorized by subsection (a) may be 
provided by any of the following means: 
^.«w j ; oi 
"(A) Transportation in-kind. 
"(B) A monetary allowance in place of transportation in-kind 
at a rate to be prescribed by the Secretaries concerned. 
"(C) Reimbursement for the commercial cost of trans-
portation. 
"(2) An allowance payable under this subsection may be paid in 
advance. 
"(3) Reimbursement payable under this subsection may not exceed 
the cost of government-procured commercial round-trip air travel.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 411g (as 
added by section 614) the following new item: 
1 
"41 Ih. Travel and transportation allowances: transportation of family members inci-
dent to the serious illness or injury of members.". 
37 use 4lih 
(b) EFFECTIVE DATE.—The authority to provide transportation or 
"°*®- 
to pay transportation expenses under section 41 Ih of title 37, United 
States Code, as added by subsection (a), shall be effective only with 
respect to travel that occurs on or after the effective date of regula-
tions prescribed under such section. 
Hri^Cai 
SEC. 616. AUTHORITY TO TRANSPORT VEHICLES LEASED BY MEMBERS 
OF THE ARMED FORCES 
(a) PCS MOVES.—Section 2634 of title 10, United States Code, is 
amended— 
(1) by inserting "or leased" after "owned" both places it 
appears in the matter in subsection (a) preceding paragraph (1); 
and 
(2) by adding at the end the following new subsection: 
>'" 
"(e) The Secretary of Defense (and the Secretary of Transportation 
with respect to the Coast Guard when it is not operating as a service 
in the Navy) may prescribe regulations limiting those leased motor 
vehicles that may be transported pursuant to this section based 
upon the length of the lease and other terms and conditions of the 
lease that the Secretary considers appropriate.". 
(b) OTHER MOVES.—Section 406(h)(1)(B) of title 37, United States 
Code, is amended by inserting "or leased" after "owned". 
SEC. 617. REIMBURSEMENT FOR TRAVEL AND TRANSPORTATION EX-
PENSES WHEN ACCOMPANYING MEMBERS OF CONGRESS 
(a) MEMBERS OF THE ARMED FORCES.—Section 404 of title 37, 
United States Code, is amended by adding at the end the following 
new subsection: 
"(hXD Subject to paragraph (2), a member of the armed forces 
accompanying a Member of Congress or a congressional employee 
on official travel may be authorized reimbursement for actual travel 
and transportation expenses incurred for such travel. 
"(2) The reimbursement authorized in paragraph (1) may be 
paid— 
"(A) at a rate that does not exceed the rate approved for 
official congressional travel; and 
55^>-.=»-. tri •?_;:! .C^T^W^ %f^w. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1097 
"(B) only when the travel of the member is directed or 
approved by the Secretary of Defense or the Secretary 
concerned. 
"(3) In this subsection: 
"(A) The term 'Member of Congress' means a member of the 
Senate or the House of Representatives, a Delegate to the House 
of Representatives, and the Resident Commissioner from Puerto 
Rico. 
"(B) The term 'congressional employee' means an employee of 
a Member of Congress or an employee of Congress.". 
(b) CiviuAN EMPLOYEES.—(1) Chapter 81 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 1591. Reimbursement for travel and transportation expenses lo use 1591. 
when accompanying Members of Congress 
"(a) Subject to subsection (b), the Secretary concerned may au-
thorize reimbursement to a civilian employee who is accompanying 
a Member of Congress or a congressional employee on official travel 
for actual travel and transportation expenses incurred for such 
travel. 
"(b) The allowance provided in subsection (a) may be paid— 
"(1) at a rate that does not exceed the rate approved for 
official congressional travel; and 
"(2) only when the travel of the member is directed or ap-
proved by the Secretary concerned. 
"(c) In this section: 
"(1) The term 'Member of Congress' means a member of the 
Senate or the House of Representatives, a Delegate to the House 
of Representatives, and the Resident Commissioner from Puerto 
Rico. 
"(2) The term 'congressional employee' means an employee of 
a Member of Congress or an employee of Congress. 
"(3) The term 'Secretary concerned' includes the Secretary of 
Defense with respect to civilian employees of the Department of 
Defense other than a military department.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"1591. Reimbursement for travel and transportation expenses when accompanjring 
Members of C!ongress.". 
(c) EFFECTIVE DATES.—Subsection (h) of section 404 of title 37, lo use I59i 
United States Code (as added by subsection (a)), and section 1591 of "°*®-
title 10, United States Code (as added by subsection (b)), shall apply 
with respect to travel performed after the date of the enactment of 
this Act. 
yjjtg 
PART C—BONUSES AND SPECIAL AND INCENTIVE PAYS 
^ ,^ 
SEC. 621. RESTRUCTURING OF CAREER SEA PAY 
(a) RATES.—Subsection (b) of section 305a of title 37, United States 
Code, is amended to read as follows: 
"(b) The monthly rates for special pay under subsection (a) are as 
follows: 
ooi- 
(m 
v'fi^ 
,.,,,,. 
._ 
,<^-.v^ 
101 STAT. 1098 
PUBLIC LAW 100-180—DEC. 4, 1987 
"ENLISTED MEMBERS 
"Pay grade 
Years of sea duty 
"Pay 
grade 
j 
^^ 
less 
Over 
1 Over 
2 Over 
3 Over 
4 Over 
5 Over 
6 
E-4 
$50 
$60 
$120 
$150 
$160 
$160 $160 
E-5 
50 
60 
120 
150 
170 
315 
325 
E-6 
100 
100 
120 
150 
170 
315 
325 
E-7 
100 
100 
120 
175 
190 
350 
350 
E-8 
100 
100 
120 
175 
190 
350 
350 
E-9 
100 
100 
120 
175 
190 
350 
350 
Over 
7 Over 
8 Over 
9 
Over 
Over 
Over 
Over 
? 
10 
11 
12 
13 
E-4 
$160 
$160 
$160 
$160 
$160 
$160 $160 
E-5 
350 
350 
350 
350 
350 
350 
350 
E-6 
350 
350 
365 
365 
365 
380 
395 
E-7 
375 
390 
400 
400 
410 
420 
450 
E-8 
375 
390 
400 
400 
410 
420 
450 
E-9 
375 
390 
400 
400 
410 
420 
450 
Over 
Over 
Over 
-qi* 
"
-
• ,
.
, .Xi? 
. 
14 
16 
18 
E-4 
$160 
$160 $160 
E-5 
350 
350 
350 
E-6 
410 
425 
450 
E-7 
475 
500 
500 
• ;
.
' 
E-8 
475 
500 
520 
v .'sjjrv..^ '/. 
• 
E-9 
475 
520 
520 
"WARRANT OFFICERS 
Years 
of 
sea 
duty 
}°l 
Over 
1 Over 
2 Over 
3 Over 
4 Over 
5 Over 
6 
W-1 
$130 
$135 
$140 
$150 
W-2 
150 
150 
150 
150 
W-3 
,
. 
150 
150 
150 
150 
W-4 
150 
150 
150 
150 
$170 
1
7
0 
1
7
0 
1
7
0 
$175 
260 
270 
290 
$200 
2
6
5 
280 
310 
Over 
7 Over 
8 Over 
9 Over 
Over 
Over 
Over 
10 
11 
12 
13 
W-1 
$250 
$270 
$300 
$325 
W-2 
265 
270 
310 
340 
W-3 
285 
290 
310 
350 
W-4 
310 
310 
310 
350 
$325 
340 
375 
375 
$340 
375 
400 
400 
$360 
400 
425 
450 
m m& (a) ooxte--^ 
• Over 
Over 
Over 
16 
18 
20 
W-1 
$375 
$375 
$375 
W-2 
400 
400 
400 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1099 
"WARRA^^^ 
OFFICERS—Continued 
"Pay grade 
W-3 
W-4 
Over 
16 
425 
450 
Over 
18 
450 
500 
Years of 
Over 
20 
450 
500 
sea duty 
"OFFICERS 
"Pay grade 
Years of sea 
Over 
Over Over 
3 
4 
5 
Over 
6 
duty 
Over 
7 
Over 
8 
Over 
9 
0-1 
$150 $160 $185 $190 $195 $205 
$215 
0-2 
150 
160 
185 
190 
195 
205 215 
0-3 
150 
160 
185 
190 
195 
205 215 
0-4 
185 
190 
200 
205 
215 
220 220 
0-5 
225 
225 
225 
225 
230 
245 250 
0-6 
225 
230 
230 
240 
255 
265 280 
Over Over Over Over Over Over Over 
10 
11 
12 
14 
16 
18 
20 
0-1 
$225 $225 $240 $250 $260 $270 
$280 
0-2 
225 
225 
240 
250 
260 
270 280 
0-3 
225 
225 
240 
260 
270 
280 290 
0-4 
225 
225 
240 
270 
280 
290 300 
0-5 
260 
265 
265 
285 
300 
315 340 
0-6 
290 
300 
310 
325 
340 
355 380". 
(b) CAREER SEA PAY PREMIUM.—Subsection (c) of such section is 
amended by inserting "(other than an enlisted member in a pay 
grade above E-4 with more than five years of sea duty)" after 
sea 
duty" the first place it appears. 
(c) DEFINITION OF SEA DUTY.—Subsection (d) of such section is 
amended to read as follows: 
"(dXD In this section, the term 'sea duty' means duty performed 
by a member— 
"(A) while permanently or temporarily assigned to a ship, 
ship-based staff, or ship-based aviation unit and while serving 
on a ship the primary mission of which is accomplished while 
under way or while serving as a member of the off-crew of a 
two-crewed submarine; or 
"(B) while permanently or temporarily assigned to a ship or 
ship-based staff and while serving on a ship the primary mission 
of which is normally accomplished while in port, but only 
during a period that the ship is away from its homeport. 
"(2) For the purpose of determining the years of sea duty with 
which a member may be credited for purposes of this section, the 
term 'sea duty' also includes duty performed on or after the effective 
date specified in section 621(eXl) of the National Defense Authoriza-
tion Act for Fiscal Year 1988 by a member while permanently or 
101 STAT. 1100 
PUBLIC LAW 100-180—DEC. 4, 1987 
temporarily assigned to a ship or ship-based staff and while serving 
on a ship on which the member would be entitled, during a period 
that the ship is away from its homeport, to receive sea pay by reeison 
of paragraph (1)(B). 
"(3) A ship shall be considered to be away from its homeport for 
purposes of this subsection when it is— 
"(A) at sea; or 
"(B) in a port that is more than 50 miles from its homeport.". 
37 use 305a 
(d) SAVE PAY.—A member of the uniformed services who at any 
note. 
time during the three-month period ending on the day before the 
effective date applicable to that member under subsection (e) for the 
new rates of career sea pay is entitled to career sea pay at a rate 
that is higher than the rate established under such new rates for the 
member's pay grade and years of sea duty shall be paid such special 
pay, when entitled to receive it, at such higher rate until the 
member is permanently reassigned to duty for which the member is 
not entitled to such special pay. In the case of a member covered by 
the preceding sentence who is reduced in grade under the Uniform 
Code of Military Justice (chapter 47 of title 10, United States Code), 
the old rate of career sea pay applicable to such member under the 
preceding sentence which may be paid in lieu of the rate applicable 
to the member under the new rates of career sea pay shall be the 
rate under the old rates of career sea pay for the member's pay 
grade as so reduced and the member's years of sea duty. 
37 use 305a 
(e) EFFECTIVE DATE.—(1) Except as provided under paragraph (2), 
"o*«- 
the amendments made by this section shall take effect on the first 
day of the first month beginning after the date of the enactment of 
this Act and shall apply with respect to duty performed on or after 
that date. 
(2) The new rates of career sea pay that are applicable to enlisted 
members in pay grades above pay grade E-4 who have five or more 
years of sea duty and the amendment made by subsection Ot)) shall 
take effect on the first day of the fourth month beginning after the 
effective date specified under paragraph (1). In the case of such 
members, the old rates of career sea pay shall remain in effect until 
the new rates take effect under the preceding sentence. 
37 use 305a 
(f) DEFINITIONS.—For purposes of subsections (d) and (e): 
no^- 
(1) The term "career sea pay" means special pay under 
_ 
section 305a of title 37, United States Code. 
(2) The term "old rates", with respect to career sea pay, 
^ 
means the rates of such pay in effect on the date of the 
enactment of this Act. 
(3) The term "new rates", with respect to career sea pay, 
means the rates of such pay provided by the amendment made 
by subsection (a). 
SEC. 622. SPECIAL PAY FOR AVIATION CAREER OFFICERS 
(a) IN GENERAL.—(1) Subsection (a) of section 301b of title 37, 
United States Code, is amended by striking out clause (5) of the first 
sentence and all that follows through the second sentence and 
inserting in lieu thereof the following: 
"(5) h£is not previously been paid special pay authorized by 
this section; 
"(6) executes a written agreement to remain on active duty in 
aviation service for at least one year; and 
.(Q 
"(7) is in an aviation specialty designated as critical, 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1101 
may, upon the acceptance of the written agreement by the Secretary 
of Defense or the Secretary of Transportation, as appropriate, be 
paid an amount not to exceed $4,000 for each year covered by the 
agreement if the officer agrees to remain on active duty for one 
year, two years, or three years, or an amount not to exceed $6,000 
for each year covered by the agreement if the officer agrees to 
remain on active duty for four years.". 
(2) Subsection (e) of such section is amended to read as follows: 
" "(e)(1) During the period beginning on October 1,1987, and ending 
on September 30, 1989, an agreement under this section may be 
accepted only— 
"(A) from an officer of the Navy who meets the conditions set 
':, 
forth in subsection (a) and who has completed fewer than 11 
' 
years of active duty; and 
^ 
"(B) if the agreement requires the officer to remain on active 
duty in aviation service for three years or for four years. 
"(2) An agreement that requires an officer to remain on active 
duty in aviation service for six years may also be accepted during 
such period if the officer meets the conditions set forth in subsection 
(a) and has completed fewer than eight years of active duty. An 
officer from whom such an agreement is accepted may be paid an 
amount not to exceed $6,000 for each year covered by the 
agreement.". 
(3) Subsection (f) of such section is amended by striking out 
"September 30, 1987" and inserting in lieu thereof "September 30, 
1989". 
(b) EFFECTIVE DATE.—(1) The amendments made by subsection (a) 37 use 30ib 
to subsections (a), (e), and (f) of section 301b of title 37, United States note. 
Code, shall apply to agreements entered into on or after October 1, 
1987, and special pay may be paid as if such amendments were in 
effect on such date. 
(2) Such amendments shall not affect an agreement entered into 
under such section as in effect on September 30, 1987, and the 
provisions of such section as in effect on such day shall continue to 
apply with respect to such agreement. 
„. ,, 
SEC. 623. SUBMARINE DUTY INCENTIVE PAY 
(a) MARINE CORPS COVERAGE.—Subsection (a) of section 301c of 
title 37, United States Code, is amended by striking out "Navy" and 
inserting in lieu thereof "naval service". 
(b) INCREASED RATES.—Subsection (b) of such section is amended to 
read as follows: 
"(b) A member who meets the requirements prescribed in subsec-
tion (a) is entitled to monthly submarine duty incentive pay as 
follows: 
"(b) The monthly rates for special pay under subsection (a) are as 
follows: 
?.eS| 
c'm 
"ENLISTED MEMBERS 
-- 
— '>>-Q 
Years of service computed under section 205 
/'»? 
"Pay grade 
g or 
Over 
Over 
Over 
Over 
Over 
Over 
l
e
s
s 
2 
3 
4 
6 
8 
10 
E-9 
$225 $225 $225 $270 $295 $310 $315 
E-8 
225 
225 
225 
250 
270 
295 
310 
101 STAT. 1102 
PUBLIC LAW 100-180—DEC. 4, 1987 
"ENLISTED MEMBERS-Continued 
-*:fc:2 
"Pay grade 
Years of service computed under section 205 
2 or 
Over 
Over 
Over 
Over 
Over 
Over 
less 
2 
3 
4 
6 
8 
10 
E-7 
225 
225 
225 
250 
255 
265 275 
E-6 
155 
170 
175 
215 
230 
245 255 
E-5 
140 
155 
155 
175 
190 
195 195 
E-4 
80 
95 
100 
170 
175 
175 
175 
E-3 
80 
90 
100 
170 
175 
175 
90 
E-2 
75 
90 
90 
90 
90 
90 
90 
E-1 
75 
75 
75 
75 
75 
75 
75 
Over 
Over 
Over 
Over 
Over 
Over 
Over 
12 
14 
16 
18 
20 
22 
26 
E-9 
$330 
$345 
$355 
$355 
$355 
$355 
$355 
E-8 
315 
330 
330 
345 
345 
345 345 
E-7 
295 
310 
310 
310 
310 
310 310 
E-6 
265 
265 
265 
265 
265 
265 265 
E-5 
195 
195 
195 
195 
195 
195 195 
E-4 
175 
175 
175 
175 
175 
175 175 
E-3 
90 
90 
90 
90 
90 
90 
90 
E-2 
90 
90 
90 
90 
90 
90 
90 
E-1 
75 
75 
75 
75 
75 
75 
75 
"COMMISSIONED OFFICERS 
Years 
of 
service 
computed under 
section 
205 
"Pay 
grade 
2 
or 
Over 
Over 
Over 
Over 
Over 
Over 
less 
2 
3 
4 
6 
8 
10 
0-10 
$355 
$355 
$355 
$355 
$355 
$355 
$355 
0-9 
355 
355 
355 
355 
355 
355 355 
0-8 
355 
355 
355 
355 
355 
355 355 
0-7 
355 
355 
355 
355 
355 
355 355 
0-6 
595 
595 
595 
595 
595 
595 595 
0-5 
595 
595 
595 
595 
595 
595 595 
0-4 
365 
365 
365 
405 
595 
595 595 
0-3 
355 
355 
355 
390 
595 
595 595 
0-2 
235 
235 
235 
235 
235 
235 355 
0-1 
175 
175 
175 
175 
175 
175 355 
Over 
Over 
Over 
Over 
Over 
Over 
Over 
12 
14 
16 
18 
20 
22 
26 
0-10 
$355 
$355 
$355 
$355 
$355 
$355 
$355 
0-9 
355 
355 
355 
355 
355 
355 355 
0-8 
355 
355 
355 
355 
355 
355 355 
0-7 
355 
355 
540 
535 
535 
410 355 
0-6 
595 
595 
595 
595 
595 
595 595 
0-5 
595 
595 
595 
595 
595 
595 595 
0-4 
595 
595 
595 
595 
595 
595 595 
0-3 
595 
595 
595 
595 
595 
595 595 
0-2 
355 
355 
355 
355 
355 
355 355 
0-1 
355 
355 
355 
355 
355 
355 355 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1103 
"WARRANT OFFICERS 
> 
V 
Years of service computed under section 205 
^ " 
"Pay grade 
g or 
Over 
Over 
Over 
Over 
Over 
Over 
less 
2 
3 
4 
6 
8 
10 
W-4 
$235 $310 $310 $365 $355 $355 
$355 
W-3 
235 
310 
310 
355 
355 
355 355 
W-2 
235 
310 
310 
355 
355 
355 355 
W-1 
235 
310 
310 
355 
355 
355 355 
Over Over Over Over Over Over Over 
12 
14 
16 
18 
20 
22 
26 
W-4 
$355 $355 $355 $355 $355 $355 
$355 
W-3 
355 
355 
355 
355 
355 
355 355 
W-2 
355 
355 
355 
355 
355 
355 355 
W-1 
355 
355 
355 
355 
355 
355 355" 
(c) EFFECTIVE DATE.—(1) Subject to paragraph (2), the amendments 37 use 30lc 
made by this section shall take effect on the first day of the first "°*6-
month beginning after the date of the enactment of this Act and 
shall apply only with respect to duty performed on or after that 
date. 
(2) The amendments made by this section shall take effect only if 
legislation as described in section 3(c) is enacted. 
SEC. 624. DIVING PAY FOR M
E
M
B
E
R
S OF RESERVE C
O
M
P
O
N
E
N
T
S 
(a) IN GENERAL.—Section 304 of title 37, United States Code, is 
amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new subsec-
tion (d): 
"(d)(1) Under regulations prescribed by the Secretary concerned 
and to the extent provided for by appropriations, when a member of 
the National Guard or a reserve component of a uniformed service 
who is entitled to compensation under section 206 of this title 
performs diving duty, pursuant to orders, such member is entitled to 
an increase in compensation equal to Vao of the monthly special pay 
prescribed by the Secretary concerned for the performance of diving 
duty by a member of comparable diving classification who is entitled 
to basic pay under section 204 of this title. Such member is entitled 
to the increase— 
"(A) for each regular period of instruction, or period of appro-
priate duty, at which the member is engaged for at least two 
hours, including that performed on a Sunday or holiday; or 
!SI'!.T..M:.. 
101 STAT. 1104 
PUBLIC LAW 100-180—DEC. 4, 1987 
"(B) for the performance of such other equivalent training, 
instruction, duty, or appropriate duties, as the Secretary may 
prescribe under section 206(a) of this title. 
"(2) This subsection does not apply to a member who is entitled to 
bsisic pay under section 204 of this title.". 
37 use 304 note. 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall take effect on the first day of the fourth calendar month 
following the month in which this Act is enacted and shall apply 
only with respect to diving duty performed on or after that date. 
SEC. 625. SELECTIVE REENLISTMENT BONUSES 
(a) IN GENERAL.—Paragraph (1) of section 308(b) of title 37, United 
States Code, is amended to read as follows: 
"(1) Bonus payments authorized under this section may be paid in 
either a lump sum or in installments. If the bonus is paid in 
installments, the initial payment shall be not less than 50 percent of 
the total bonus amount.'. 
37 use 308 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to bonuses paid for reenlistment or exten-
sion of enlistment agreements entered into after September 30, 
3-08 -jci^ T
& 1987. 
SEC. 626. EXTENSION OF ENLISTMENT AND REENLISTMENT BONUS 
AUTHORITIES 
(a) 
FIVE-YEAR EXTENSION OF ACTIVE-DUTY BONUSES.—Sections 
308(g), 308a(c), and 308ftc) of title 37, United States Code, are 
amended by striking out "September 30, 1987" and inserting in lieu 
thereof "September 30,1992'' 
(b) THREE-YEAR EXTENSION OF RESERVE COMPONENT BONUSES.— 
Sections 308b(g), 308c(f), 308e(e), 308g(h), 308h(g), and 308i(i) of such 
t?tle are amended by striking out "September 30, 1987" and insert-
ing in lieu thereof "September 30,1990". 
37 use 308 note. 
(c) COVERAGE OF PERIOD OF LAPSED AUTHORITY.—(1) The Secretary 
concerned, in the case of any person who during the period begin-
ning on October 1, 1987, and ending on the date of the enactment of 
this Act would have qualified for an agreement with the Secretary 
described in paragraph (2) but for the fact that the authority for the 
payment of bonuses provided by that section had lapsed, shall pay to 
that person a bonus under the terms of the appropriate section 
speci^ed in that paragraph (and related regulations) as in effect on 
September 30,1987. 
(2) An agreement referred to in paragraph (1) is an agreement 
with the Secretary for the payment of a bonus under section 308, 
308a, 308b, 308c, 308e, 308f, 308g, 308h, or 308i of title 37, United 
States Code. 
. itj/^t ro: /; 
PART D—MISCELLANEOUS 
SEC. 631. AUTHORITY FOR CERTAIN REMARRIED SURVIVOR BENEFIT 
PLAN PARTICIPANTS TO WITHDRAW FROM PLAN 
10 use 1448 
(a) AUTHORITY TO WITHDRAW.—(1) An individual who is a partici-
note. 
pant in the Survivor Benefit Plan under subchapter II of chapter 73 
of title 10, United States Code, and is described in paragraph (2) 
may, with the consent of such individual's spouse, withdraw from 
participation in the Plan. 
(2) An individual referred to in paragraph (1) is an individual 
who— 
.stos: 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1105 
" 
(A) is providing coverage for a spouse or for a spouse and child 
under the Plan; and 
(B) remarried before March 1, 1986, and at a time when such 
^ 
individual was a participant in the Plan but did not have an 
eligible spouse beneficiary under the Plan. 
(b) APPLICABLE PROVISIONS.—An election under subsection (a) 
shall be subject to subparagraphs (B) and (D) of section 1448(aX6) of 
title 10, United States Code, except that in applying such subpara-
graph (B) to subsection (a), the one-year period referred to in clause 
(ii) of such subparagraph shall extend until the end of the one-year 
period beginning 90 days after the date of the enactment of this Act. 
(c) TREATMENT OF PRIOR CONTRIBUTIONS.—No refund of amounts 
^&^- 'Muvt 
by which the retired pay of a participant in the Survivor Benefit 
Plan has been reduced by reason of section 1452 of title 10, United 
States Code, may be made to an individual who withdraws from the 
Survivor Benefit Plan under subsection (a). 
SEC. 632. LAW APPLICABLE TO OCCUPANCY BY COAST GUARD PERSON-
NEL OF SUBSTANDARD FAMILY HOUSING UNITS 
(a) IN GENERAL.—Section 2830 of title 10, United States Code, is 
amended— 
(1) by striking out "the Secretary of a military department" in 
subsection (a) and inserting in lieu thereof "the Secretary con-
cerned"; 
(2) by striking out "Subject to" in subsection (b) and all that 
follows through "military department" and inserting in lieu 
thereof "(1) The Secretary concerned"; and 
* 
(3) by adding at the end of subsection (b) the following new 
paragraph: 
"(2) The authority to enter into leases under paragraph (1) shall 
be exercised— 
: ^ mi 
"(A) in the case of a lease by the Secretary of a military 
:: department, subject to regulations prescribed by the Secretary 
of Defense; and 
. 
"(B) in the case of a lease by the Secretary of Transportation 
' 
with respect to the Coast Guard when it is not operating as a 
*
^
" 
service in the Navy, subject to regulations prescribed by that 
Secretary.". 
(b) CONFORMING AMENDMENTS.—(1) Section 2801(d) of such title is 
amended by inserting "(other than section 2830)" after "This 
chapter". 
(2) Section 475 of title 14, United States Code, is amended— 
* 
(A) by striking out subsection Ot)); and 
(B) by redesignating subsections (c) and (d) as subsections (b) 
and (c), respectively. 
SEC. 633. COLLECTION OF AMOUNTS OWED TO SERVICE RELIEF 
SOCIETIES FROM FINAL PAY OF MEMBERS 
(a) COLLECTION OF AMOUNTS OWED REUEF SOCIETIES.—Section 
'^'' 
1007 of title 37, United States Code, is amended by adding at the end 
the following new subsection: 
"(hXD Upon request by a service relief society and subject to 
paragraph (2), an amount owed by a member of the uniformed 
services to the relief society may be deducted from the pay on final 
statement of such member and paid to that relief society. 
"(2) An amount may not be deducted under paragraph (1) from the 
pay of a member unless the Secretary concerned makes a deter-
101 STAT. 1106 
PUBLIC LAW 100-180—DEC. 4, 1987 
mination of the amount owed in accordance with the regulations 
prescribed under subsection (c). Any amount determined to be owed 
to a service relief society under this paragraph shall be considered 
an amount that the member is administratively determined to owe 
the United States under subsection (c) and shall be collectible in 
accordance with such subsection. 
"(3) The Secretaries concerned shall prescribe regulations to carry 
out this subsection. 
"(4) In this subsection, the term 'service relief society' means the 
Army Emergency Relief, the Air Force Aid Society, the Navy Relief 
Society, or the Coast Guard Mutual Assistance.". 
37 use 1
0
0
7 
(b) EFFECTIVE DATE.—Subsection (h) of section 1007 of title 37, 
note. 
United States Code (as added by subsection (a)), shall apply with 
respect to debts incurred by members of the uniformed services after 
the date of the enactment of this Act. 
SEC. 634. LIMITATION ON RESERVE UNIT AND INDIVIDUAL TRAINING 
FUNDING FOR FISCAL YEAR 1988 
During fiscal year 1988, the amount appropriated for reserve unit 
and individual training may not exceed $4,644,582,000. 
SEC. 635. EXPANSION OF MILITARY SPOUSE EMPLOYMENT PREFERENCE 
Section 8060t)X2) of the Military Family Act of 1985 (10 U.S.C. 113 
note), is amended by striking out "GS-4" and inserting in lieu 
thereof "GS-1". 
SEC. 636. REDUCTION IN AGE FOR NONTERMINATION OF SBP SURVIVING 
SPOUSE ANNUITY AFTER REMARRIAGE 
(a) RESUMPTION OF ANNUITY UPON TERMINATION OF DIG FOR 
REMARRIAGE.—Section 1450(kXl) of title 10, United States Code, is 
amended by striking out "60" and inserting in lieu thereof "55". 
10 use 1450 
(b) APPUCABILTTY.-The amendment made by subsection (a) shall 
^°^- 
apply as if included in the amendments made by section 643(a) of the 
National Defense Authorization Act for Fiscal Year 1987 (Public 
10 use 1450. 
Law 99-661; 100 Stat. 3886). 
10 u s e 113 note. 
SEC. 637. REGULATIONS REGARDING EMPLOYMENT AND VOLUNTEER 
WORK OF SPOUSES OF MILITARY PERSONNEL 
Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Defense shall prescribe regulations to establish the 
policy that— 
(1) the decision by a spouse of a member of the Armed Forces 
i to be employed or to voluntarily participate in activities relat-
ing to tne Armed Forces should not be influenced by the 
preferences or requirements of the Armed Forces; and 
(2) neither such decision nor the marital status of a member 
of the Armed Forces should have an effect on the assignment or 
promotion opportunities of the member. 
10 u s e 113 note. 
SEC. 638. TEST 
PROGRAM 
FOR REIMBURSEMENT 
FOR ADOPTION 
EXPENSES 
(a) TEST PROGRAM.—The Secretary of Defense shall establish a 
test program under which a member of the Armed Forces may be 
reimbuiied, as provided in this section, for qualifying adoption 
expenses incurred by the member in the adoption of a child under 18 
years of age. 
(b) ADOPTIONS COVERED.—An adoption for which expenses may be 
reimbursed under this section includes an adoption by a single 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1107 
person, an infant adoption, an intercountry adoption, and an adop-
tion of a child with special needs (as defined in section 473(c) of the 
Social Security Act (42 U.S.C. 673(c)). 
(c) BENEFITS PAID AFTER ADOPTION IS FINAL.—Benefits paid under 
this section in the case of an adoption may be paid only after the 
adoption is final. 
(d) TREATMENT OF OTHER BENEFITS.—A benefit may not be paid 
under this section for any expense paid to or for a member of the 
Armed Forces under any other adoption benefits program adminis-
tered by the Federal Government or under any such program 
administered by a State or local government. 
(e) LIMITATIONS.—(1) Not more than $2,000 may be paid to a 
member of the Armed Forces under this section for expenses in-
curred in the adoption of a child. 
(2) Not more than $5,000 may be paid to a member of the Armed 
Forces under this section for adoptions by such member in any 
calendar year. 
, 
. „ 
(f) REGULATIONS.—The Secretary shall prescribe regulations to 
carry out this section. 
(g) DEFINITIONS.—In this section: 
(1) The term "qualifying adoption expenses" means reason-
able and necessary expenses that are directly related to the 
legal adoption of a child, but only if such adoption is arranged— 
(A) by a State or local government agency which has 
responsibility under State or local law for child placement 
through adoption; 
(B) by a nonprofit, voluntary adoption agency which is 
authorized by State or local law to place children for adop-
tion; or 
(C) through a private placement. 
(2) The term "qualifjdng adoption expenses" does not include 
any expense incurred— 
(A) for any travel performed outside the United States by 
an adopting parent, unless such travel— 
(i) is required by law as a condition of a legal adop-
tion in the country of the child's origin, or is otherwise 
' • " 
necessary for the purpose of qualifying for the adoption 
of a child; 
(ii) is necessary for the purpose of assessing the 
....,[' '\ 
health and status of the child to be adopted; or 
(iii) is necessary for the purpose of escorting the child 
to be adopted to the United States or the place where 
the adopting member of the Armed Forces is stationed; 
or 
(B) in connection with an adoption arranged in violation 
of Federal, State, or local law. 
(3) The term "reasonable and necessary expenses" includes— 
(A) public and private agency fees, including adoption 
fees charged by an agency in a foreign country; 
(B) placement fees, including fees charged adoptive par-
,..j 
ents for counseling; 
-, ^ 
(C) legal fees, including court costs; 
(D) medical expenses, including hospital expenses of a 
newborn infant, for medical care furnished the adopted 
child before the adoption, and for physical examinations for 
' 
the adopting parents; 
101 STAT. 1108 
PUBLIC LAW 100-180—DEC. 4, 1987 
Qj^fc 
(E) expenses relating to pregnancy and childbirth for the 
t A
* 
biological mother, including counseling, transportation, and 
maternity home costs; 
(F) temporary foster care charges when payment of such 
charges is required to be made immediately before the 
child s placement; and 
(G) except as provided in paragraph (2)(A), transportation 
expenses relating to the adoption, 
(h) EFFECTIVE DATE AND DURATION OF TEST PROGRAM.—The test 
program required under this section shall apply with respect to 
qualifying adoption expenses incurred for adoption proceedings 
initiated after September 30, 1987, and before October 1, 1989. 
TITLE VII—HEALTH CARE PROVISIONS 
10 u s e 1071 
SEC. 701. SHORT TITLE 
Military Health 
This title may be cited as the "Military Health Care Amendments 
Care 
of 1987". 
W n d m e n t s o f 
P A R T A — M E D I C A L READINESS 
- riCtS 
SEC. 711. REVISION OF RESERVE FORCES HEALTH PROFESSIONS FINAN-
CIAL ASSISTANCE PROGRAM 
(a) IN GENERAL.—Chapter 105 of title 10, United States Code, is 
amended— 
(1) by striking out the chapter heading and inserting in lieu 
thereof the following: 
, 
^ 
"CHAPTER 
105—ARMED 
FORCES 
HEALTH 
PROFESSIONS 
FINANCIAL 
ASSISTANCE 
PROGRAMS 
"Subchapter - 
*' 
- .i ..A . r 
.. _ : 
. 
. 
• 
\ 
g^^, 
I. Health Professions Scholarship Program for Active Service 
2120 
II. Health Professions Stipend Program for Reserve Service 
2128 
"SUBCHAPTER I—HEALTH PROFESSIONS SCHOLARSHIP 
PROGRAM FOR ACTIVE SERVICE"; 
(2) by striking out "chapter" each place it appears in sections 
2120, 2123, 2124, and 2127 and inserting in lieu thereof "sub-
chapter"; and 
(3) by adding at the end the following new subchapter: 
. "SUBCHAPTER II—HEALTH PROFESSIONS STIPEND 
ffOiJfc.... .u, PROGRAM FOR RESERVE SERVICE 
"Sec. 
"2128. Financial assistance: health-care professionals in reserve components. 
"2129. Reserve service: required active duty for training. 
-..-,. 
"2130. Penalties, limitations, and other administrative provisions. 
10 use 2128. 
"§ 2128. Financial assistance: health-care professionals in reserve 
components 
"(a) ESTABUSHMENT OF PROGRAM.—For the purpose of obtaining 
adequate numbers of commissioned officers in the reserve compo-
nents who are qualified in health professions specialties critically 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1109 
needed in wartime, the Secretary of each military department may 
establish and maintain a program to provide financial assistance 
under this subchapter to persons engaged in training in such 
specialties. Under such a program, the Secretary concerned may 
agree to pay a financial stipend to persons engaged in training in 
certain health care specialties in return for a commitment to subse-
quent service in the Ready Reserve. 
"(b) PHYSICIANS IN CRITICAL SPECIALTIES.—(1) Under the stipend 
program under this subchapter, the Secretary of the military 
department concerned may enter into an agreement with a person 
who— 
"(A) is a graduate of a medical school; 
"(B) is eligible for appointment, designation, or assignment as 
a medical officer in the Reserve of the armed force concerned; 
and 
"(C) is enrolled or has been accepted for enrollment in a 
residency program for physicians in a medical specialty des-
ignated by the Secretary concerned as a specialty critically 
needed by that military department in wartime. 
"(2) Under the agreement— 
"(A) the Secretary shall agree to pay the participant a sti-
pend, in an amount determined under subsection (e), for the 
period or the remainder of the period of the residency program 
in which the participant enrolls or is enrolled; 
"(B) the participant shall not be eligible to receive such 
stipend before appointment, designation, or assignment as a 
medical officer for service in the Ready Reserve; 
"(C) the participant shall be subject to such active duty 
requirements as may be specified in the agreement and to active 
duty in time of war or national emergency as provided by law 
for members of the Ready Reserve; and 
"(D) the participant shall agree to serve, upon successful 
completion of the program, two years in the Ready Reserve for 
each year, or part thereof, for which the stipend is provided, to 
be served in the Selected Reserve or in the Individual Ready 
Reserve as specified in the agreement. 
"(c) REGISTERED NURSES IN CRITICAL SPECIALTIES.—(1) Under the 
stipend program under this subchapter, the Secretary of the mili-
tary department concerned may enter into an agreement with a 
person who— 
"(A) is a registered nurse; 
"(B) is eligible for appointment as— 
:. ; 
"(j) a Reserve officer for service in the Army Reserve in 
the Army Nurse Corps; 
"(ii) a Reserve officer for service in the Naval Reserve in 
-*s 
the Navy Nurse Corps; or 
"(iii) a Reserve officer for service in the Air Force Reserve 
with a view to designation as an Air Force nurse under 
section 8067(e) of this title; and 
"(C) is enrolled or has been accepted for enrollment in an 
accredited program in nursing in a specialty designated by the 
Secretary concerned as a specialty critically needed by that 
military department in wartime. 
"(2) Under the agreement— 
"(A) the Secretary shall agree to pay the participant a sti-
pend, in an amount determined under subsection (e), for the 
101 STAT. 1110 
PUBLIC LAW 100-180—DEC. 4, 1987 
period or the remainder of the period of the nursing program in 
which the participant enrolls or is enrolled; 
"(B) the participant shall not be eligible to receive such 
stipend before being appointed as a Reserve officer for service in 
the Ready Reserve— 
"(i) in the Nurse Corps of the Army or Navy; or 
"(ii) as an Air Force nurse of the Air Force; 
r
w
>
«
4 u^Q ^jjg participant shall be subject to such active duty 
requirements as may be specified in the agreement and to active 
duty in time of war or national emergency as provided by law 
for members of the Ready Reserve; and 
"(D) the participant shall agree to serve, upon successful 
completion of the program, two years in the Ready Reserve for 
each year, or part thereof, for which the stipend is provided, to 
be served in the Selected Reserve or in the Individual Ready 
Reserve as specified in the agreement. 
"(d) BACCALAUREATE STUDENTS IN NURSING OR OTHER HEALTH 
PROFESSIONS.—(1) Under the stipend program under this sub-
chapter, the Secretary of the military department concerned may 
enter into an agreement with a person who— 
"(A) will, upon completion of the program, be eligible to be 
appointed, designated, or assigned as a Reserve officer for duty 
as a nurse or other health professional; and 
"(B) is enrolled, or has been accepted for enrollment in the 
third or fourth year of— 
"(i) an accredited baccalaureate nursing program; or 
"(ii) any other accredited baccalaureate program leading 
to a degree in a health-care profession designated by the 
, J
. 
Secretary concerned as a profession critically needed by 
that military department in wartime. 
"(2) Under the agreement— 
"(A) the Secretary shall agree to pay the participant a stipend 
of $100 per month for the period or the remainder of the period 
of the baccalaureate program in which the participant enrolls 
or is enrolled; 
"(B) the participant shall not be eligible to receive such 
stipend before enlistment in the Ready Reserve; 
"(C) the participant shall be subject to such active duty 
requirements as may be specified in the agreement and to active 
duty in time of war or national emergency as provided by law 
for members of the Ready Reserve; and 
"(D) the participant shall agree to serve, upon graduation 
from the baccalaureate program, one year in the Ready Reserve 
for each year, or part thereof, for which the stipend is paid. 
"(e) AMOUNT OF STIPEND.—The amount of a stipend under an 
agreement under subsection (b) or (c) shall be— 
"(1) the stipend rate in effect for participants in the Armed 
Forces Health Professions Scholarship Program under section 
2121(d) of this title, if the participant has agreed to serve in the 
Selected Reserve; or 
"(2) one-half of that rate, if the participant has agreed to serve 
in the Individual Ready Reserve. 
"(f) INDIVIDUAL READY RESERVE DEFINED.—In this subchapter, the 
term Individual Ready Reserve' means that element of the Ready 
Reserve of an armed force other than the Selected Reserve. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1111 
"§ 2129. Reserve service: required active duty for training 
10 use 2129. 
"(a) SELECTED RESERVE.—A person who is required under an 
agreement under section 2128 of this title to serve in the Selected 
Reserve shall serve not less than 12 days of active duty for training 
each year during the period of service required by the agreement. 
"(b) IRR SERVICE.—A person who is required under an agreement 
under section 2128 of this title to serve in the Individual Ready 
Reserve shall serve— 
"(1) not less than 30 days of initial active duty for training; 
and 
"(2) not less than five days of active duty for training each 
year during the period of service required by the agreement. 
"§ 2130. Penalties, limitations, and other administrative provisions 10 use 2130. 
"(a) FAILURE TO COMPLETE PROGRAM OF TRAINING.—(1) A member 
of the program who, under regulations prescribed by the Secretary 
of Defense, is dropped from the program for deficiency in training, 
or for other reasons, shall be required, at the discretion of the 
Secretary concerned— 
"(A) to perform one year of active duty for each year (or part 
thereof) for which such person was provided financial assistance 
under this section; or 
"(B) to repay the United States an amount equal to the total 
amount paid to such person under the program. 
"(2) The Secretary of a military department, under regulations Regulations. 
prescribed by the Secretary of Defense, may relieve a member 
participating in the program who is dropped from the program from 
any requirement that may be imposed under paragraph (1), but such 
relief shall not relieve him from any military obligation imposed by 
any other law. 
"(b) PROHIBITIONS OF DUPUCATE BENEFITS.—Financial assistance 
may not be provided under this section to a member receiving 
financial assistance under section 2107 of this title. 
,i: _^fji:, r 
"(c) REGULATIONS.—This subchapter shall be administered under 
M><" 
regulations prescribed by the Secretary of Defense.". 
(b) CLERICAL AMENDMENTS.—The tables of chapters at the begin-
ning of subtitle A, and at the beginning of part III of subtitle A, of 
title 10, United States Code, are amended by striking out the item 
relating to chapter 105 and inserting in lieu thereof the following: 
"105. Armed Forces Health Professions Financial Assistance Programs 
2120". 
(c) REPEAL OF PRIOR PROGRAM.—(1) Section 672 of the Department 
lo use 2121 
of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 663), note, 2124 note. 
is repealed. 
(2) The repeal of section 672 of the Department of Defense 
10 use 2121 
Authorization Act, 1986, by paragraph (1) does not affect an agree- ^°^-
ment entered into under that section before such repeal, and the 
provisions of such section as in effect before such repeal shall 
continue to apply with respect to such agreement. 
(d) FUNDING LIMIT FOR FISCAL YEAR 1988.—The total amount 
obligated during fiscal year 1988 under agreements under section 
2128 of title 10, United States Code, as added by subsection (a), may 
not exceed $9,000,000. 
(e) EFFECTIVE DATES.—(1) The repeal made by subsection (c) shall 
10 use 2121 
take effect on the date of the enactment of this Act. 
note. 
(2) An agreement entered into by the Secretary of a military 
10 use 2128 
department under section 2128 of title 10, United States Code, as note. 
101 STAT. 1112 
PUBLIC LAW 100-180—DEC. 4, 1987 
._.., 
. 
added by subsection (a), may not obligate the United States to make 
a payment for any period before the date of the enactment of this 
Act. 
SEC. 
7
1
2
. 
ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP 
PROGRAM 
(a) CRITICALLY NEEDED WARTIME SKILLS RESIDENCY REQUIREMENT 
PERMITTED.—Section 2122 of title 10, United States Code, is 
amended— 
, 
(1) by inserting "(a)" before "To be eligible"; and 
(2) by adding at the end the following new subsection: 
"(b) The Secretary of Defense may require, £is part of the agree-
ment under subsection (a)(2), that a person must agree to accept, if 
OKlSxiai 
offered, residency training in a health profession skill which has 
been designated by the Secretary as a critically needed wartime 
skill.". 
(b) 2,500 SCHOLARSHIPS TARGETED FOR CRITICALLY NEEDED WAR-
TIME SKILLS.— 
(1) IN GENERAL.—Section 2124 of title 10, United States Code, 
is amended by striking out "except that" and all that follows 
through the end of the section and inserting in lieu thereof the 
following: "except that— 
"(1) the total number of persons so designated in all of the 
programs authorized by this subchapter shall not, at any time, 
. 
„ 
exceed 6,000; and 
sffoiiskrsaH 
«(2) of the total number of persons so designated, at legist 
2,500 shall be persons— 
"(A) who are in the final two years of their course of 
study; and 
"(B) who have agreed to accept, if offered, residency 
training in a health profession skill which has been des-
ignated by the Secretary as a critically needed wartime 
10 use 2124 
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) 
"°^ 
shall take effect on October 1,1989. 
SEC. 713. EDUCATION LOAN 
REPAYMENT PROGRAM 
FOR HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE 
(a) COVERAGE OF CERTAIN LOANS TO NURSES.—Subsection (aX3) of 
section 2172 of title 10, United States Code, is amended by inserting 
"or under part B of title VIII of such Act (42 U.S.C. 297 et seq.)^ 
after "seq.)^'. 
e
-
j
i 
. . 
(b) EXTENSION OF DATE FOR INITIAL APPOINTMENT.—Subsection (d) 
of such section is amended by striking out "October 1, 1988" and 
L^Vi :•€ 
inserting in lieu theieof "October 1,1990". 
SEC. 714. CONSTRUCTIVE SERVICE CREDIT FOR OFFICERS APPOINTED 
WITH HEALTH PROFESSIONS EXPERIENCE 
(a) REGULAR COMPONENTS.—Section 5330)X1XB) of title 10, United 
States Code, is simended— 
(1) by inserting "(i)" after "(B)"; and 
(2) by adding at the end the following: 
"(ii) Credit for experience in a health profession (other than 
lars t)8li PI 
medicine or dentistry), if such experience will be directly used 
.'3? n 
by the armed force concerned.". 
g
c
M
v
O
K ' ' 
(b) 
ARMY RESERVE.—Section 3353(bXlXB) of such title 
is 
> 
a m e n d e d — 
.j ^^f: 
»?.,uj §« &;::• •..•-•. u'.r:-ji/tm 
.T.-.'.•.>!•:' a>:».-.»•.i*^--3,fc;..jws.> 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1113 
(1) by inserting "(i)" after "(B)"; and 
(2) by adding at the end the following: 
"(ii) Credit for experience in a health profession (other than 
medicine or dentistry), if such experience will be directly used 
by the Army.". 
(c) 
NAVAL 
RESERVE AND MARINE 
CORPS 
RESERVE.—Section 
5600(bXlXB) of such title is amended— 
lo use 5600. 
(1) by inserting "(i)" after "(B)"; and 
(2) by adding at the end the following: 
"(ii) Credit for experience in a health profession (other than 
medicine or dentistry), if such experience will be directly used 
by the Navy or Marine Corps, as appropriate.". 
St£ft ex- 
•>•-
(d) AIR FORCE RESERVE.—Section 8353(b)(1)(B) of such title is 
amended— 
(1) by inserting "(i)" after "(B)"; and 
(2) by adding at the end the following: 
"(ii) Credit for experience in a health profession (other than 
medicine or dentistry), if such experience will be directly used 
by the Air Force.". 
SEC. 715. STANDBY CAPABILITY FOR SELECTIVE SERVICE REGISTRA-
TION OF HEALTH CARE PERSONNEL 
Section 10(h) of the Military Selective Service Act (50 U.S.C. App. 
460(h)) is amended— 
(1) by striking out "If at" and all that follows through "never-
theless," and inserting in lieu thereof "The Selective Service 
system shall"; and 
(2) by inserting "(including a structure for registration and 
classification of persons qualified for practice or employment in 
a health care occupation essential to the maintenance of the 
Armed Forces)" after "national emergency". 
SEC. 716. LIMITED CEILING REMOVAL ON SPECIAL PAY FOR MEDICAL 
OFFICERS 
(a) LIMITED CEIUNG REMOVAL.—Section 302(b) of title 37, United 
States Code, is amended— 
(1) by striking out "in an amount not to exceed $8,000" in 
paragraph (1); 
(2) by adding at the end of paragraph (1) the following: "No 
payment to an officer under this subsection may exceed $8,000 
for any twelve-month period unless the Secretary concerned 
determines that the officer is qualified and serving in a health 
profession skill which has been designated by the Secretary 
concerned as a critically needed wartime skill."; and 
(3) by striking out paragraph (3). 
(b) LIMIT ON OBUGATIONS.—The Secretary concerned may not 
obligate funds during fiscal year 1988 for incentive special pay 
under section 302(b) of such title in an amount which is more than 
the amount proposed to be available for such purpose in the budget 
presentation materials submitted to Congress for fiscal year 1988. 
SEC. 717. AUTHORITY TO RETAIN IN ACTIVE STATUS UNTIL AGE 67 
RESERVE OFFICERS IN MEDICAL SPECIALTIES 
(a) ARMY PERSONNEL.—Section 3855 of title 10, United States 
Code, is amended— 
(1) by inserting "(a)" before "Notwithstanding"; 
101 STAT. 1114 
PUBLIC LAW 100-180—DEC. 4, 1987 
(2) by striking out ", but not later than the date on which he 
becomes 60 years of age"; 
(3) by designating the second sentence as subsection (b); and 
(4) by adding at the end the following: 
"(c) An officer may not be retained in an active status under this 
section later than the date on which the officer becomes 67 years of 
i«(.-.' ..-:? 
QgQ (QJ.^ in the case of an officer in the Chaplains, 60 years of age).". 
Qa) NAVAL PERSONNEL.—(1) Chapter 573 of title 10, United States 
Code, is amended by inserting after section 6391 the following new 
section: 
10 use 6392. 
"§6392. Retention in active Status of certain officers 
"(a) Notwithstanding any other section of this chapter except 
subsections Ot)), (d), and (e) of section 6383, the Secretary of the Navy 
may, with the officer's consent, retain in an active status emy 
reserve officer of the Navy who is designated as a medical officer, 
dental officer, veterinary officer, optometrist, podiatrist, chaplain, 
nurse, or biomedical sciences officer. 
"(b) An officer may be retained in an active status under this 
section only to fill a mission-based requirement. 
"(c) An officer may not be retained in an active status under this 
section later than the date on which the officer becomes 67 years of 
age (or, in the case of an officer in the Chaplain Corps, 60 years of 
age).". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 6391 the 
following new item: 
"6392. Retention in active status of certain officers.". 
(c) AIR FORCE PERSONNEL.—Section 8855 of title 10, United States 
Code, is amended— 
(1) by inserting "(a)" before "Notwithstanding"; 
(2) by striking out ", but not later than the date on which he 
becomes 60 years of age"; 
^ 
(3) by designating the second sentence as subsection (b); and 
(4) by adding at the end the following: 
"(c) An officer may not be retained in an active status under this 
section later than the date on which the officer becomes 67 years of 
age (or, in the case of an officer who is designated as a chaplain, 60 
years of age).". 
(d) CLERICAL AMENDMENTS.—(1)(A) The heading of section 3855 of 
such title is amended to read as follows: 
"§ 3855. Retention in active status of certain offlcers". 
(B) The item relating to that section in the table of sections at the 
beginning of chapter 363 of such title is amended to read as follows: 
"3855. Retention in active status of certain officers.". 
(2XA) The heading of section 8855 of such title is amended to read 
as follows: 
"§ 8855. Retention in active status of certain ofHcers". 
(B) The item relating to that section in the table of sections at the 
beginning of chapter 863 of such title is amended to read as follows: 
"8855. Retention in active status of certain officers.". 
,^. . ,,,_„ , , . 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1115 
SEC. 718. AGE FOR INITIAL APPOINTMENT OF RESERVE OFFICERS IN 
CRITICAL MEDICAL SPECIALTIES 
(a) MAXIMUM AGE TO BE NOT LESS THAN 47.—Section 591 of title 
, , 
• . 
10, United States Code, is amended by adding at the end the 
following new subsection: 
"(e) In prescribing age qualifications under subsection (b) for the 
appointment of persons as Reserves of the armed forces under his 
jurisdiction, the Secretary concerned may not prescribe a maximum 
age qualification of less than 47 years of age for the initial appoint-
ment of a person as a Reserve to serve in a health profession 
specialty which has been designated by the Secretary concerned as a 
specialty critically needed in wartime,". 
(b) DEADUNE FOR REGULATIONS.—The Secretary concerned shall lo use 591 note. 
prescribe regulations implementing subsection (e) of section 591 of 
title 10, United States Code, as added by subsection (a), not later 
than 90 days after the date of the enactment of this Act. 
SEC. 719. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF 
MEDICAL OFFICERS 
Section 1251 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
"(c)(1) The Secretary concerned may defer the retirement under 
subsection (a) of a health professions officer if during the period of 
the deferment the officer will be performing duties consisting pri-
marily of providing patient care or performing other clinical duties. 
"(2) A deferment under this subsection may not extend beyond the 
first day of the month following the month in which the officer 
becomes 67 years of age. 
"(3) For purposes of this subsection, a health professions officer 
is— 
"(A) a medical officer; 
"(B) a dental officer; or 
"(C) an officer in the Army Nurse Corps, an officer in the 
Navy Nurse Corps, or an officer in the Air Force designated as a 
nurse.". 
''-*• 
PART B—PEACETIME HEALTH CARE 
_„.. 
SEC. 721. CATASTROPHIC LOSS PROTECTION UNDER CHAMPUS 
(a) ACTIVE DUTY DEPENDENTS.—Section 10790?) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph: 
> f - 'f'J 
"(5) An individual or family group of two or more persons 
covered by this section may not be required by reason of this 
subsection to pay a total of more than $1,000 for health care 
received during any fiscal year under a plan under subsection 
(a).". 
O
b
) RETIREES AND DEPENDENTS.—Section 1086(b) of such title is 
amended by adding at the end the following new paragraph: 
"(4) A member or former member of a uniformed service 
covered by this section by reason of section 10740t)) of this title, 
or an individual or family group of two or more persons covered 
by this section, may not be required to pay a total of more than 
ti 
$10,000 for health care received during any fiscal year under a 
plan contracted for under section 1079(a) of this title.". 
(c) EFFECTIVE DATE.—Paragraph (5) of section 1079(b) of title 10, lo use 1079 
United States Code, as added by subsection (a), and paragraph (4) of note. 
91-194 O - 90 - 5 : QL.3 Part 2 
101 STAT. 1116 
PUBLIC LAW 100-180—DEC. 4, 1987 
section 1086(b) of such title, as added by subsection (h\ shall apply 
with respect to fiscal years beginning after September 30, 1987. 
10 u s e 1074 
SEC. 722. TWO-YEAR PROHIBITION ON FEE FOR OUTPATIENT CARE AT 
note. 
MILITARY MEDICAL TREATMENT FACILITIES 
During fiscal years 1988 and 1989, the Secretary of Defense may 
not impose a fee for the receipt of outpatient medical or dental care 
at a military medical treatment facility. 
SEC. 723. ALLOCATION TO HEALTH PROFESSIONS OF SPECIFIED POR-
TION OF NAVY OFFICER ACCESSIONS AND GROWTH IN END 
Bm 
.• 
STRENGTHS 
*,', '
*
> ' ' I r 
.. '^'^® Secretary of the Navy shall ensure that— 
= ; 
(1) not less than 25 percent of the number of original appoint-
ments made in officer grades in the Navy during each of fiscal 
years 1989 and 1990 shall be made in health profession special-
ties (or with a view to assignment of the officer to a health 
m 
profession specialty); and 
(2) not less than 15 percent of any increase in authorized end 
,;.,, 
strength for the Navy for each of fiscal years 1989 and 1990 over 
the end strength of the Navy authorized for fiscal year 1988 
shall be dedicated to personnel to be assigned to duty in the 
health professions. 
SEC. 724. REVISED DEADLINES FOR THE USE OF DIAGNOSIS-RELATED 
GROUPS 
Section 701(dX4) of the National Defense Authorization Act for 
Fiscal Year 1987 (Public Law 99-661; 10 U.S.C. 1101 note) is 
amended— 
(1) in subparagraph (A), by striking out "after September 30, 
1987" and inserting in lieu thereof not later than October 1, 
1988"; and 
gj. 
(2) in subparagraph (B), by striking out "after September 30, 
o 
1988" and inserting in lieu thereof 'not later than October 1, 
1989". 
SEC. 7
2
5
. 
FEDERAL 
PREEMPTION 
REGARDING 
CONTRACTS 
FOR 
MEDICAL 
AND 
DENTAL 
CARE 
(a) IN GENERAL.—(1) Chapter 55 of title 10, United States Code, is 
amended by adding at the end the following new section: 
10 use 1103. 
"§ 1103. Contracts for medical and dental care: State and local 
preemption 
"(a) The provisions of any contract under this chapter which 
relate to the nature and extent of coverage of benefits (including 
payments with respect to benefits) shall preempt any law of a State 
or local government, or any regulation issued under such a law, 
which relates to health insurance or plans to the extent that such 
law or regulation is inconsistent with such contractual provisions. 
"(b) In this section, the term 'State' includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
the Northern Mariana Islands, and each territory and possession of 
the United States.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following: 
•i .t 
"1103. Contracts for medical and dental care: State and local preemption.". 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1117 
(b) APPUCABIUTY.—Section 1103 of such title, as added by subsec- lo use 1103 
tion (a), shall apply with respect to any contract entered into after 
"o^e. 
October 1,1987. 
SEC. 726. CHAMPUS COVERAGE FOR SUDDEN INFANT DEATH SYNDROME 
MONITORING EQUIPMENT 
(a) CHAMPUS COVERAGE ALLOWED.—Section 1079(a) of title 10, 
United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (13); 
(2) by striking out the period at the end of paragraph (14) and 
inserting in lieu thereof ; and"; and 
(3) by adding at the end the following: 
"(15) electronic cardio-respiratory home monitoring equip-
ment (apnea monitors) for home use may be provided if a 
, 
physician prescribes and supervises the use of the monitor for 
an infant— 
"(A) who has had an apparent life-threatening event, 
"(B) who is a subsequent sibling of a victim of sudden 
infant death syndrome, 
"(C) whose birth weight was 1,500 grams or less, or 
"(D) who is a pre-term infant with pathologic apnea, 
in which case the coverage may include the cost of the equip-
ment, hard copy analysis of physiological alarms, professional 
visits, diagnostic testing, family training on how to respond to 
apparent life threatening events, and assistance necessary for 
proper use of the equipment.". 
(b) EFFECTIVE DATE.—Paragraph (15) of section 1079(a) of such 
title, as added by subsection (a), shall apply with respect to costs 
10 USC 1079 
incurred for home monitoring equipment after the date of the note, 
enactment of this Act. 
PART C—HEALTH CARE MANAGEMENT 
SEC. 731. DEMONSTRATION PROJECT ON MANAGEMENT OF HEALTH CARE 
10 USC 1092 
IN 
CATCHMENT 
AREAS 
AND 
OTHER 
DEMONSTRATION 
note. 
PROJECTS 
(a) DEMONSTRATION PROJECTS.—The Secretary of Defense shall 
conduct projects designed to demonstrate the alternative health care 
delivery system described in subsection (b). Each military depart-
ment shall carry out at least one such project. The projects— 
(1) shall begin during fiscal year 1988, if feasible, and continue 
for not less than two years; 
(2) shall each include all covered beneficiaries within one 
catchment area of a medical facility of the uniformed services; 
and 
H 
(3) shall be designed, with respect to the number and location 
^ 
of demonstration sites and otherwise, to ensure that the results 
of such projects will likely be representative of the results of a 
nationwide implementation. 
O
b
) ALTERNATIVE HEALTH CARE DEUVERY SYSTEM.—The alter-
native health care delivery system referred to in subsection (a) that 
the projects shall demonstrate is a system under which the com-
mander of a medical facility of the uniformed services is responsible 
for all funding and all medical care of the covered beneficiaries in 
the catchment area of the facility. The commander may use any 
type of health care delivery system, for any scope of coverage, he 
considers appropriate. 
101 STAT. 1118 
PUBLIC LAW 100-180—DEC. 4, 1987 
Contracts. 
State and local 
governments. 
Reports. 
Reports. 
(c) ADDITIONAL DEMONSTRATION PROJECTS REQUIRED.—(1) The Sec-
retary of Defense also shall conduct the projects described in para-
graph (2) for the purpose of demonstrating alternatives to providing 
health care under the military health care system. The demonstra-
tion projects shall be carried out in accordance with this subsection. 
(2) The demonstration projects are as follows: 
(A) The Tidewater mental health demonstration project 
(Solicitation No. MDA906-86-C-0001). 
(B) The Fort Drum demonstration project. 
(C) The civilian-run primary care clinics known as PRIMUS 
and NAVCARE. 
(D) The New Orleans demonstration project, if a contract is 
awarded as a result of the solicitation issued in fiscal year 1987 
(Solicitation No. MDA903-87-R-0047). 
(E) A fiscal intermediary demonstration project, to be imple-
mented by amending one or more existing Department of De-
fense contracts with fiscal intermediaries in a State or region to 
require the intermediary to demonstrate a managed health care 
network with cost-containment initiatives, such as utilization 
'
^
- 
review, pre-admission screening, second surgical opinions, 
contracting for care on a discounted basis, and other methods. 
(F) Catchment area management demonstration projects de-
scribed in subsection (a). 
(G) A demonstration project for non-active duty beneficiaries 
•^ in the catchment area of the Philadelphia Naval Hospital that 
demonstrates a managed health care network. 
(3) Not later than 60 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a 
report that provides an outline and discussion of the manner in 
which the Secretary intends to structure and conduct each dem-
onstration project required under this subsection. 
(4) The Secretary of Defense shall develop a methodology to be 
used in evaluating the results of the demonstration projects re-
quired under this subsection. The Secretary shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on such methodology no later than 30 days 
after the development of the methodology is completed. 
(5) Each project required under this subsection shall begin during 
fiscal year 1988 (or shall continue in the case of a project begun 
before fiscal year 1988). 
(6) The Secretary of Defense shall evaluate the demonstration 
projects required under this subsection, using the methodology 
developed under paragraph (4), as alternatives to methods of provid-
ing health care under the military health care system. 
(d) AUTHORITY.—For purposes of carrying out this section, the 
Secretary of Defense may delegate the authority given in sections 
1079, 1086, 1092, 1097, 1098, and 1099 of title 10, United States Code. 
(e) REPORTS.—(1) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives— 
(A) an interim report on each demonstration project described 
in this section after such project has been in effect for at least 
12 months; and 
(B) a final report on each such project when each project is 
completed. 
(2) Each report shall include— 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1119 
c 
(1) a description of any results of the demonstration project; 
(2) a comparison of the costs of providing health care under 
the system used in the demonstration project with the costs of 
providing health care under CHAMPUS and under other alter-
native health care delivery systems; and 
(3) an analysis and evaluation of the benefits of incorporating 
the health care management techniques demonstrated by the 
project into the military health care system as it exists at the 
time of the report or into such health care system in conjunc-
tion with any other health care delivery systems which have 
been or are being studied under another demonstration project. 
(f) DEFINITIONS.—In this section: 
(1) The term "catchment area" means the area within 
approximately 40 miles of a medical facility of the uniformed 
services. 
(2) The term "CHAMPUS" has the meaning given such term 
by section 1072(4) of title 10, United States Code. 
(3) The term "covered beneficiary" means a beneficiary under 
chapter 55 of title 10, United States Code. 
SEC. 732. ADDITIONAL 
REQUIREMENTS 
FOR 
CHAMPUS 
REFORM 
INITIATIVE 
(a) EVALUATION METHODOLOGY REQUIRED FOR DEMONSTRATION 
PHASE OF CHAMPUS REFORM INITIATIVE.—(1) Section 702(a) of the 
National Defense Authorization Act for Fiscal Year 1987 (Public 
Law 99-661; 100 Stat. 3899) is amended by adding at the end the lo use 1073 
following new paragraph: 
note. 
"(4) The Secretary of Defense shall develop a methodology to be Reports. 
used in evaluating the results of the demonstration project required 
by parsigraph (1) and shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on 
such methodology.". 
(2) Clause (i) of section 702(cXlXC) of such Act is amended by 
inserting before the semicolon the following: ", evaluated in accord-
ance with the methodology developed under subsection (aX4)". 
(b) ONE CONTRACT PER CONTRACTOR ALLOWED UNDER SOUCITATION 
FOR DEMONSTRATION PHASE OF CHAMPUS REFORM INITIATIVE.—No 
contractor may be awarded more than one contract for subregions I, 
II, and III under Solicitation No. MDA903-87-R-0047 (issued for the 
CHAMPUS reform initiative demonstration project required by sec-
tion 702(a) of the National Defense Authorization Act for Fiscal 
Year 1987). 
(c) LIMITATIONS ON ISSUANCE OF REQUESTS FOR PROPOSALS.—Sec-
tion 702(c) of the National Defense Authorization Act for Fiscal 
Year 1987 is amended by adding at the end the following new 
> 
paragraph: 
"(2) The Secretary may not issue a request for proposals with 
respect to the second (or any subsequent) phase of the CHAMPUS 
reform initiative until— 
"(A) all principal features of the demonstration project, 
including networks of providers of health care, have been in 
operation for not less than one year; and 
"(B) the expiration of 60 days after the date on which the 
report described in paragraph (IXC) has been received by the 
committees referred to in such paragraph.". 
(d) REPORT ON RISK ASSUMPTION.—No later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
101 STAT. 1120 
PUBLIC LAW 100-180—DEC. 4, 1987 
Contracts. 
10 use 1073 
note. 
•J 0 
Contracts. 
10 use 1073 
note. 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on— 
(1) the level of risk, as of the date of the report, to be assumed 
by contractors under the request for proposals for the 
CHAMPUS reform initiative demonstration project required by 
W 
section 702(a) of the National Defense Authorization Act for 
Fiscal Year 1987; and 
(2) whether any alteration in that level of risk has been made 
from the time that the original request for proposals was issued. 
(e) REQUIREMENT FOR AVAILABIUTY OF ADDITIONAL INSURANCE 
COVERAGE.—(1) The Secretary of Defense shall make every effort to 
enter into an agreement, similar to the one being negotiated with a 
private insurer on the date of the enactment of this Act, that would 
provide an insurance plan that meets the requirements described in 
paragraph (3). 
(2) If an agreement referred to in paragraph (1) is not entered into 
before a request for proposals with respect to the second phase of the 
CHAMPUS reform initiative is issued, the Secretary shall provide 
for an insurance plan which meets the requirements described in 
paragraph (3) through either of the following means: 
(A) By including, in any request for proposals with respect to 
the second (and any subsequent) phase of the CHAMPUS 
reform initiative, a requirement for the contractor to offer an 
option to elect an insurance plan which meets the requirements 
described in paragraph (3). 
(B) By including, in any request for proposals for a contract to 
process claims for CHAMPUS, a requirement for the contractor 
(known as a fiscal intermediary) to offer an option to elect an 
insurance plan which meets the requirements described in para-
graph (3). 
(3) The insurance plan requirements referred to in paragraphs (1) 
and (2) are the following: 
(A) At the election of the individual, the plan shall be avail-
able to £in individual losing eligibility (by reason of discharge, 
release from active duty, a change in family status (including 
divorce or annulment, or, in the case of a child, reaching age 
22), or other similar reason) to be a covered beneficiary under 
chapter 55 of title 10, United States Code. 
(B) The plan shall provide for coverage of benefits similar to 
the coverage of benefits available to the individual under 
CHAMPUS, regardless of any pre-existing condition. 
(C) The plan shall provide that enroUees in the plan shall pay 
the full periodic charges for the benefit coverage. 
(f) FUNDING LIMITATIONS.—(1) None of the funds appropriated or 
otherwise made available to the Department of Defense may be 
obligated or expended for the purpose of entering into a contract for 
the demonstration phase of the CHAMPUS reform initiative re-
quired by section 702(aXl) of the National Defense Authorization 
Act for Fiscal Year 1987 until the requirements of section 702(aX4) 
of such Act (as added by subsection (a)) are met. 
(2) None of the funds appropriated or otherwise made available to 
the Department of Defense may be obligated or expended for the 
purpose of requesting a proposal for the second (or any subsequent) 
phase of the CHAMPUS reform initiative as described in section 
702(c) of the National Defense Authorization Act for Fiscal Year 
1987 until the requirements of paragraph (2) of section 702(c) of such 
Act (as added by subsection (c)) are met. 
. ^ ,....>*,.. . .» .,. ,rt# 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1121 
(g) CHAMPUS DEFINED.—In this section, the term "CHAMPUS" lo use 1073 
has the meaning given such term by section 1072(4) of title 10, ^°^^-
United States Code. 
SEC. 733. MEDICAL INFORMATION SYSTEMS ACQUISITION AMENDMENTS 
(a) TEST AND EVALUATION PHASE LIMITATIONS.—Subsection (a) of 
section 704 of the National Defense Authorization Act for Fiscal 
Year 1987 (Public Law 99-661; 100 Stat. 3900) is amended to read as 
follows: 
"(a) LIMITATION ON TEST AND EVALUATION PHASE OF COMPOSITE Contracts. 
HEALTH CARE SYSTEM.—With respect to the acquisition of a Depart- Reports. 
ment of Defense medical information system for use in all military 
medical treatment facilities, the Secretary may not award any 
contract for the operational test and evaluation phase for the 
Composite Health Care System referred to in subsection (b) until— 
"(1) the testing required by paragraphs (1) and (2) of that 
subsection is completed; 
"(2) the Armed Services Committees receive— 
"(A) the report submitted by the Secretary under subsec-
tion (bX3); and 
"(B) the report submitted by the Comptroller General 
under subsection (b)(4).". 
(b) REPORTS ON TESTING.—Subsection (b)' of such section is 
amended by striking out paragraph (3) and inserting in lieu thereof 
the following new paragraphs: 
"(3) Not later than the end of the 30-day period beginning on the 
date that the testing required by paragraphs (1) and (2) is completed, 
the Secretary shall— 
"(A) evaluate the competing medical information systems, 
based on the results of the testing; and 
"(B) submit to the Armed Services Committees a report on 
such evaluation. 
"(4) Not later than the end of the 30-day period beginning on the 
date that the Armed Services Committees receive the report sub-
mitted by the Secretary under paragraph (3), the Comptroller 
General shall submit to the Armed Services Committees a report 
describing— 
"(A) the results of the testing required by paragraphs (1) and 
(2); and 
"(B) the competitive acquisition process that the Secretary is 
following in selecting vendors for the operational test and 
evaluation phase of the Composite Health Care System.". 
(c) VA COMPUTER PROGRAM AMENDMENTS.—(1) Subsection (c) of 
such section is amended by striking out "not later than October 1, 
1987" and inserting in lieu thereof "on the same date as the date on 
^'-
which the operational test and evaluation phase of the Composite 
Health Care System described in subsection (d) is completed". 
(2) Section 1203 of the Department of Defense Authorization Act, 
1986 (Public Law 99-145; 99 Stat. 718), is amended— 
(A) in subsection (c), by striking out "that are available" and 
all that follows through "expected to be completed" and insert-
ing in lieu thereof "that are available and delivered in a form 
suitable for testing on the date on which the Secretary approves 
and accepts the software for the operational test and evaluation 
phase of the Composite Health Care System"; and 
(B) in subsection (e), by striking out ", and by the Secretary of 
each military department,". 
101 STAT. 1122 
PUBLIC LAW 100-180—DEC. 4, 1987 
;* J jf: 
• 
(d) CONDUCT OF TEST AND EVALUATION PHASE.—Section 704 of the 
National Defense Authorization Act for Fiscal Year 1987 is further 
amended— 
(1) by redesignating subsection (e) as subsection (h); and 
(2) by striking out subsection (d) and inserting in lieu thereof 
the following new subsections: 
"(d) CONDUCT OF TEST AND EVALUATION PHASE OF COMPOSITE 
HEALTH CARE SYSTEM.—(1) The Secretary shall conduct the oper-
ational test and evaluation phase of the Composite Health Care 
System at no fewer than six sites. 
"(2) Of the amounts authorized to be appropriated to the Depart-
ment of Defense for fiscal years 1988 and 1989 by the National 
Defense Authorization Act for Fiscal Years 1988 and 1989, the 
amounts authorized to be appropriated to carry out such operational 
test and evaluation phase are $92,000,000 for fiscal year 1988 and 
$88,500,000 for fiscal year 1989. 
"(e) REPORT BY SECRETARY.—After the operational test and evalua-
tion phase referred to in subsection (d) is completed, the Secretary 
shedl submit to the Armed Services Committees a report which— 
^ 
"(1) analyzes the results of the operational test and evaluation 
phase; 
"(2) analyzes the results of the Veterans' Administration 
J 
demonstration project referred to in subsection (c); 
"(3) analyzes the costs and benefits of the Composite Health 
Care System for Levels I, II, and IID in combination and for 
Level III on a module by module basis, based on operational 
experience at the sites at which the operational test and evalua-
tion phase is carried out; and 
"(4) contains a plan for full production of a medical informa-
tion system for use in all military medical treatment facilities, 
based on an analysis of costs and benefits within any cost 
limitations that may be applicable to the program at the time 
the report is submitted. 
"(f) REPORT BY COMPTROLLER GENERAL.—The Comptroller General 
shall monitor the conduct of the operational test and evaluation 
phase referred to in subsection (d) and related Composite Health 
Care System acquisition activities. Not later than the end of the 30-
day period beginning on the date that the Armed Services Commit-
tees receive the report submitted by the Secretary under subsection 
(e), the Comptroller General shall submit to the Armed Services 
Committees a report evaluating— 
"(1) the results of the operational test and evaluation phase; 
and 
Contracts. 
"(2) the competitive acquisition process the Secretary is fol-
t 
lowing in awarding a contract for full production of a medical 
information system for use in all military medical treatment 
facilities. 
"(g) LIMITATION ON AWARDING CONTRACT FOR FULL PRODUCTION OF 
MEDICAL INFORMATION SYSTEM.—The Secretary may not award a 
contract for full production of a medical information system for use 
in all military medical treatment facilities until— 
"(1) the Armed Services Committees receive the report 
submitted by the Secretary under subsection (e); and 
"(2) 30 days elapse after the Armed Services Committees 
1 
receive the report submitted by the Comptroller General under 
subsection(f).. 
... 
.*=.. ,.^. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1123 
(e) DEFINITIONS.—Subsection (h) of such section, as redesignated 
by subsection (dXD, is amended by adding at the end the following: 
"(5) The term 'Armed Services Committees' means the 
Committees on Armed Services of the Senate and the House of 
Representatives.". 
SEC. 734. GAO REPORT ON PAYMENT OF CERTAIN MEDICAL EXPENSES 
(a) REVIEW.—The Comptroller General shall review and evaluate 
the practices under various insurance plans with respect to pay-
ments to hospitals for charges for medic^ services in cases in which 
the hospital does not impose a legal obligation on patients to pay for 
such services. In the review, the Comptroller General shall— 
(1) review the practices with respect to such payments of 
private sector insurance plans, including self-insured plans, as 
well as federally sponsored or funded programs, including Medi-
care, Medicaid, and the Federal Employees' Health Benefit 
Plan; and 
(2) provide an assessment and comparison of the practices 
with respect to such payments under regulations of the Civilian 
I 
Health and Medical Program of the Uniformed Services 
(CHAMPUS), together with such recommendations for changing 
I 
such practices as the Comptroller General considers appropriate 
and an estimate of the costs involved in carrying out such 
recommendations. 
(b) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report containing the results of the review and 
evaluation required under subsection (a). 
TITLE VIII—ACQUISITION POLICY 
PART A—ACQUISITION PROCESS 
SEC. 801. FUNCTIONS OF DIRECTOR OF OPERATIONAL TEST AND 
EVALUATION 
Section 138(d) of title 10, United States Code, is amended— 
(1) by inserting "(1)" after "(d)"; and 
(2) by adding at the end the following: 
"(2) The Director may not be assigned any responsibility for 
developmental test and evaluation, other than the provision of 
advice to officials responsible for such testing." 
SEC. 802. SURVIVABILITY AND LETHALITY TESTING OF MAJOR SYSTEMS 
(a) 
INCLUSION OF SIGNIFICANT PRODUCT IMPROVEMENT PRO-
GRAMS.—(1) Subsection (a) of section 2366 of title 10, United States 
Code, is amended— 
(A) by inserting "(1)" after "REQUIREMENTS.—"; 
(B) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; and 
(C) by adding at the end the following: 
"(2) The Secretary of Defense shall provide that a covered product 
improvement program may not proceed beyond low-rate initial 
production until— 
"(A) in the case of a product improvement to a covered 
system, realistic survivability testing is completed in accordance 
with this section; and 
101 STAT. 1124 
PUBLIC LAW 100-180—DEC. 4, 1987 
"(B) in the case of a product improvement to a major muni-
tions program or a missile program, realistic lethality testing is 
completed in accordance with this section. 
(2) Subsection (bXl) of such section is amended— 
(1) by inserting "(including a covered product improvement 
, program)" after "system or program"; and 
(2) by inserting "(or in the product modification or upgrade to 
the system, munition, or missile)" after "or missile". 
(3) Subsection (c) of such section is amended by striking out "or 
missile program" and inserting in lieu thereof "missile program, or 
covered product improvement program". 
(4) Subsection (e) of such section is amended— 
(A) by inserting "(or a covered product improvement program 
for a covered system)" in paragraph (4) after "in the case of a 
covered system , 
(B) by inserting "(or a covered product improvement program 
for such a program)" in paragraph (5) after "missile program"; 
and 
(C) by adding at the end the following new paragraph: 
"(8) The term 'covered product improvement program' means a 
program under which— 
"(A) a modification or upgrade will be made to a covered 
system which (as determined by the Secretary of Defense) is 
likely to affect significantly the survivability of such system; or 
"(B) a modification or upgrade will be made to a major 
munitions program or a missile program which (as determined 
by the Secretary of Defense) is likely to affect significantly 
the lethality of the munition or missile produced under the 
program.". 
(b) USE OF CONTRACTOR PERSONNEL IN OPERATIONAL TEST AND 
EVALUATION.—Subsection (bX2) of such section is amended by 
adding at the end the following new sentence: "The limitation in the 
preceding sentence does not apply to the extent that the Secretary 
of Defense plans for persons employed by that contractor to be 
involved in the operation, maintenance, and support of the system 
being tested when the system is deployed in combat.". 
Reports. 
(c) EXPLANATION FOR W A I V E R S BY SECRETARY OF DEFENSE.— 
Subsection (c) of such section is amended by adding at the end the 
following new sentence: "The Secretary shall include with any such 
certification a report explaining how the Secretary plans to evaluate 
the survivability or the lethality of the system or program and 
assessing possible alternatives to realistic survivability testing of the 
system or program.". 
(d) REPORTING TO CONGRESS.—Such section is further amended— 
(1) by inserting "(1)" in subsection (c) before "The Secretary"; 
(2) by striking out "(d)" and all that follows through "In time 
of war and inserting in lieu thereof "(2) In time of war"; and 
(3) by inserting before subsection (e) the following new subsec-
tion (d): 
"(d) REPORTING TO CONGRESS.—At the conclusion of survivability 
or lethality testing under subsection (a), the Secretary of Defense 
shall submit a report on the testing tx) the defense committees of 
Congress (as defined in section 2362(eX3) of this title).". 
(e) DEFINITION OF REALISTIC SURVIVABILITY TESTING.—Subsection 
(e)(4) of such section is amended— 
(1) by striking out "and survivability"; and 
, 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1125 
(2) by striking out "operational requirements" and inserting 
in lieu thereof "susceptibility to attack". 
SEC. 803. OVERSIGHT OF COST OR SCHEDULE VARIANCES IN CERTAIN 
MAJOR ACQUISITION PROGRAMS 
> ;. 
(a) ENHANCED PROGRAM STABIUTY.—Section 2435(b)(2) of title 10, 
United States Code, is amended by striking out "under paragraph 
(1)" and inserting in lieu thereof the following: "under paragraph 
(1), and for which the total cost of completion of the stage will 
exceed by 15 percent or more, in the case of a development stage, or 
by 5 percent or more, in the case of a production stage, the amount 
specified in the baseline description established under subsection (a) 
for such stage; or any milestone specified in such baseline descrip-
tion will be missed by more than 90 days". 
O
t
)
) MILESTONE AUTHORIZATION.—Section 2437 of such title is 
amended by redesignating paragraph (1) as paragraph (IXA) and 
by adding at the end of such paragraph the following new 
. 
-
subparagraph: 
'"' 
;« 
"(B) Notwithstanding the Secretary's failure to designate a pro-
gram to be considered for milestone authorization under subpara-
graph (A), the Committees on Armed Services of the Senate and the 
House of Representatives may consider such program to have been 
')-' C' J 
designated as a defense enterprise program under this section. If the 
'• 
Secretary of Defense is not otherwise required to submit a baseline 
description for the program, the Secretary shall submit such a 
baseline description upon the written request of either such 
Committee." 
(c) DEFENSE ENTERPRISE PROGRAM.—Section 2436(d)(1) of such title 
is amended by inserting after "concerned" the following: "with the 
approval of the Under Secretary of Defense for Acquisition". 
SEC. 804. TRUTH-IN-NEGOTIATIONS ACT AMENDMENTS 
Contracts. 
(a) DEFINITION OF COST OR PRICING DATA.—Subsection (g) of sec-
tion 2306a of title 10, United States Code, is amended to read as 
follows: 
"(g) COST OR PRICING DATA DEFINED.—In this section, the term 
'cost or pricing data' means all facts that, as of the date of agree-
ment on the price of a contract (or the price of a contract modifica-
tion), a prudent buyer or seller would reasonably expect to affect 
price negotiations significantly. Such term does not include informa-
tion that is judgmental, but does include the factual information 
from which a judgment was derived.". 
(b) TECHNICAL AMENDMENTS.—(1) Subsection (a)(5) of such section 
is amended— 
„ 
(A) by striking out the first sentence; and 
(B) by striking out "such a waiver" and inserting in lieu 
thereof "a waiver under subsection (bX2)". 
(2) Subsection (eX2) of such section is amended to read as follows: 
"(2) Any liability under this subsection of a contractor that sub-
mits cost or pricing data but refuses to submit the certification 
required by subsection (a)(2) with respect to the cost or pricing data 
shall not be affected by the refusal to submit such certification.". 
(c) EFFECTIVE DATES.—(1) Subsection (a) shall apply to any con- lO use 2306a 
tract, or modification of a contract, entered into after the end of the 
^°^-
30-day period beginning on the date of the enactment of this Act. 
101 STAT. 1126 
PUBLIC LAW 100-180—DEC. 4, 1987 
(2) The amendments made by subsection (b) shall apply with 
respect to contracts, or modifications of contracts, entered into after 
the end of the 120-day period beginning on October 18,1986. 
C!ontracts. 
SEC. 805. ALLOWABLE COSTS NOT TO INCLUDE GOLDEN PARACHUTE 
PAYMENTS 
(a) IN GENERAL.—Section 2324(e)(1) of title 10, United States Code, 
is amended by adding at the end the following new subparagraph: 
"(K) Costs incurred in making any payment (commonly 
known as a 'golden parachute payment') which is— 
"(i) in an amount in excess of the normal severance pay 
paid by the contractor to an employee upon termination of 
emplo3mtient; and 
(ii) is paid to the employee contingent upon, and follow-
ing, a change in management control over, or ownership of, 
the contractor or a substantial portion of the contractor's 
assets.". 
10 use 2324 
(b) EFFECTIVE DATE.—Subparagraph (K) of section 2324(eXl) of 
^ot«- 
title 10, United States Code, as added by subsection (a), shall apply 
to any contract entered into after the end of the 120-day period 
beginning on the date of the enactment of this Act. 
10 u s e 2301 
SEC. 806. REQUIREMENT FOR SUBSTANTIAL PROGRESS ON MINORITY 
note. 
AND SMALL BUSINESS CONTRACT AWARDS 
(a) REQUIREMENT FOR SUBSTANTIAL PROGRESS.—The Secretary of 
Defense shall ensure that substantial progress is made in increasing 
awards of Department of Defense contracts to section 1207(a) 
entities. 
Ot)) REGULATIONS.—The Secretary shall carry out the requirement 
of subsection (a) through the issuance of regulations which provide 
for the following: 
(1) Guidance to contracting officers for making advance pay-
' ''"^ 
ments to section 1207(a) entities under section 2307 of title 10, 
United States Code. 
(2) Procedures or guidelines for contracting officers to— 
(A) set goals which Department of Defense prime contrac-
tors that are required to submit subcontracting plans under 
section 8(d)(4)(B) of the Small Business Act (15 U.S.C. 
637(d)(4)(B)) in furtherance of the Department's program to 
meet the 5 percent goal established under section 1207 of 
the National Defense Authorization Act for Fiscal Year 
1987 should meet in awarding subcontracts, including sub-
contracts to minority-owned media, to section 1207(a) enti-
ties; and 
(B) provide incentives for such prime contractors to in-
crease subcontractor awards to section 1207(a) entities. 
(3) A requirement that contracting officers emphasize the 
award of contracts to section 1207(a) entities in all industry 
categories, including those categories in which section 1207(a) 
entities have not traditionally dominated. 
(4) Guidance to Department of Defense personnel on the 
relationship among the following programs: 
(A) "The program implementing section 1207 of the Na-
tional Defense Authorization Act for Fiscal Year 1987 
• •••' '•' ' 
(Public Law 99-661; 100 Stat. 3973). 
' 
(B) The program established under section 8(a) of the 
Small Business Act (15 U.S.C. 637(a)). 
. . ; . . - 
-i> vfc--; 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1127 
(C) The small business set-aside program established 
under section 15(a) of the Small Business Act (15 U.S.C. 
^^f-- 644(a)). 
(5) A requirement that a business which represents itself as a 
section 1207(a) entity and is seeking a Department of Defense 
contract maintain its status as such an entity at the time of 
contract award. 
(6) With respect to a Department of Defense procurement 
which is reasonably likely to be set aside for section 1207(a) 
entities, a requirement that (to the maximum extent prac-
ticable) the procurement be designated as such a set-aside 
before the solicitation for the procurement is issued. 
(7) Policies and procedures which, to the maximum extent 
practicable, will ensure that current levels in the number or 
dollar value of contracts awarded under the program estab-
lished under section 8(a) of the Small Business Act and under 
the small business set-aside program established under section 
15(a) of the Small Business Act are maintained and that every 
effort is made to provide new opportunities for contract awards 
to eligible entities, in order to meet the go£il of section 1207 of 
the National Defense Authorization Act for Fiscal Year 1987. 
(8) Implementation of section 1207 of the National Defense 
Authorization Act for Fiscal Year 1987 in a manner which will 
not alter the procurement process under the program estab-
lished under section 8(a) of the Small Business Act. 
(9) A requirement that one factor used in evaluating the 
performance of contracting officers be the ability of the officer 
to increase contract awards to section 1207(a) entities. 
(10) Partial set-asides for section 1207(a) entities. 
i 
(11) IncreEised technical assistance to section 1207(a) entities. 
(12) A prohibition of the award of a contract under section 
1207 of the National Defense Authorization Act for Fiscal Year 
1987 to a section 1207(a) entity unless the entity agrees to 
comply with the requirements of section 15(oXl) of the Small 
Business Act. 
(c) DEFINITION OF SECTION 1207(a) ENTITIES.—For purposes of this 
section, the term "section 1207(a) entities" means the small business 
concerns, historically Black colleges and universities, and minority 
institutions described in section 1207(a) of the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 
3973), as amended by subsection (d). 
(d) CLARIFICATION OF COVERAGE OF SECTION 1207(a) ENTITIES.— 
Section 1207(a) of the National Defense Authorization Act for Fiscal 
Year 1987 (Public Law 99-661; 100 Stat. 3973) is amended— 
lo use 2301 
(1) by striking out "or" at the end of paragraph (2) and note, 
inserting in lieu thereof "and"; 
(2) by striking out "(as defined by the Secretary of Education 
pursuant to the (Jeneral Education Provisions Act (20 U.S.C. 
1221 et seq.))" in paragraph (3) and inserting in lieu thereof "(as 
defined in paragraphs (3), (4), and (5) of section 3120t)) of the 
Higher Education Act of 1965 (20 U.S.C. 1058))"; and 
(3) by striking out the period at the end of paragraph (3) and 
inserting in lieu thereof ", including any nonprofit research 
institution that was an integral part of a historically Black 
college or university before November 14,1986.". 
101 STAT. 1128 
PUBLIC LAW 100-180—DEC. 4, 1987 
SEC. 807. AMENDMENTS TO PROCUREMENT TECHNICAL ASSISTANCE 
COOPERATIVE AGREEMENT PROGRAM 
(a) FUNDING.—(1) Of the amounts appropriated for operation and 
maintenance for the Defense Agencies, $7,000,000 is available for 
each of fiscal years 1988 and 1989 only for the purpose of carrying 
out cooperative agreements entered into by the Secretary of Defense 
under chapter 142 of title 10, United States Code, to furnish procure-
ment technical assistance to business entities. 
(2) Of the amount provided under paragraph (1) for fiscal year 
1988, $500,000 shall be available only for the purpose of carrying out 
programs sponsored by eligible entities defined in subparagraph (D) 
of section 2411(1) of title 10, United States Code (EIS amended by 
subsection O?)), that provide procurement technical assistance in 
distressed areas as defined in subparagraph (B) of section 2411(2) of 
such title (as amended by subsection (b)). If there is an insufficient 
number of satisfactory proposals for cooperative agreements in such 
distressed areas to allow effective use of the funds authorized under 
this paragraph in such areas, the funds shall be allocated among the 
Defense Contract Administration Services regions in accordance 
with section 2415(c) of such title. 
O
t
>
) AMENDMENTS TO DEFINITIONS OF ELIGIBLE ENTITY AND DIS-
TRESSED AREA.—(1) Paragraph (1) of section 2411 of title 10, United 
States Code, is amended by adding at the end the following new 
subparagraph: 
"(D) A tribal organization, as defined in section 4(c) of the 
j^^ 
Indian Self-Determination and Education Assistance Act 
t9!>i[f 
(Public Law 93-638; 25 U.S.C. 450(c)), or an economic enter-
prise, as defined in section 3(e) of the Indian Financing Act 
of 1974 (Public Law 93-262; 25 U.S.C. 1452(e)).". 
(2) Paragraph (2) of such section is amended— 
(A) by striking out "means" and inserting in lieu thereof 
"means—"; 
(B) by designating the text beginning with "the area of a 
unit" as subparagraph (A) and indenting such text two addi-
tional ems; 
(C) by redesignating subparagraphs (A) and (B) in such text as 
clauses (i) and (ii) and indenting such clauses (as redesignated) 
two additional ems; 
(D) by striking out the period at the end of such subparagraph 
(A) (as redesignated) and inserting in lieu thereof ; or'^ and 
(E) by adding at the end the following new subparagraph: 
(B) a reservation, as defined in section 3(d) of the Indian 
Financing Act of 1974 (Public Law 93-262; 25 U.S.C. 
1452(d)).". 
*-^: > < }
.
{ 
(c) TECHNICAL REVISION OF FUND DISTRIBUTION METHOD.—Section 
^o 
2415 of title 10, United States Code, is amended— 
(1) by striking out subsections (a) and Ot)); and 
(2) by striking out "(c) For any amount" and all that follows 
through "$3,000,000, the" and inserting in lieu thereof "The". 
Contracts. 
SEC. 808. RIGHTS IN TECHNICAL DATA 
(a) IN GENERAL.—(1) Section 2320(a) of title 10, United States Code, 
is amended by adding at the end of paragraph (1) the following: 
"Such regulations also may not impair the right of a contractor or 
subcontractor to receive from a third party a fee or royalty for the 
use of technical data pertaining to an item or process developed 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1129 
exclusively at private expense by the contractor or subcontractor, 
except as otherwise specifically provided by law.". 
(2) Paragraph (2)(E) of such section is eimended— 
(A) by striking out "agreed upon" and inserting in lieu 
thereof "established"; 
(B) by striking out the comma after "negotiations)" and 
^ 
inserting in lieu thereof the following: "and shall be based upon 
negotiations between the United States and the contractor, 
except in any case in which the Secretary of Defense deter-
mines, on the basis of criteria established in the regulations, 
that negotiations would not be practicable. The establishment of 
'' 
such rights shall be"; and 
(C) bv adding at the end the following new clause: 
•;'». 
^(iv) Such other factors as the Secretary of Defense may 
»fj v !; 
prescribe.". 
i 
(3) Paragraph (2)(F) of such section is amended to read as follows: 
"(F) A contractor or subcontractor (or a prospective contrac-
- 
tor or subcontractor) may not be required, as a condition of 
being responsive to a solicitation or as a condition for the award 
of a contract— 
"(i) to sell or otherwise relinquish to the United States 
any rights in technical data except— 
'
^ 
"(I) rights in technical data described in subpara-
graph (C); or 
: 
"(II) under the conditions described in subparagraph 
''• 
' 
( D ) ; o r 
"(ii) to refrain from offering to use, or from using, an item 
or process to which the contractor is entitled to restrict 
rights in data under subparagraph (B).". 
(4) Paragraph (2)(G) of such section is amended— 
(A) in clause (i)— 
(i) by striking out "pertaining" and all that follows 
through "private expense" and inserting in lieu thereof 
^-' 
"not otherwise provided under subparagraph (C) or (D),"; 
and 
(ii) by striking out "or" at the end of such clause; 
(B) in clause (ii)— 
(i) by striking out "such regulations" and inserting in lieu 
K
. ,V. 
thereof "this section"; and 
(ii) by striking out the period at the end and inserting in 
v 
.. j-3 
lieu thereof "; or"; and 
' •
• 
(C) by adding at the end of such paragraph the following new 
/,-. 
' 
clause: 
"
^ 
"(iii) permit a contractor or subcontractor to license di-
rectly to a third party the use of technical data which the 
contractor is otherwise allowed to restrict, if necessary to 
develop alternative sources of supply and manufacture.". 
(5) Paragraph (3) of such section is amended— 
(A) by striking out "and 'private expense'" and inserting in 
lieu thereof ", 'exclusively with Federal funds', and 'exclusively 
at private expense' "; and 
(B) by adding at the end the following: "In defining such 
terms, the Secretary shall specify the manner in which indirect 
costs shall be treated and shall specify that amounts spent for 
'- 
' 
independent research and development and bid and proposal 
costs shall not be considered to be Federal funds for the pur-
poses of definitions under this paragraph.". 
101 STAT. 1130 
PUBLIC LAW 100-180—DEC. 4, 1987 
(b) CONDUCT OP NEGOTIATIONS.—Section 2320(c) of such title is 
amended— 
(1) by striking out "from" and inserting in lieu thereof 
y^' 
"from—"; 
(2) by designating the text beginning with "prescribing stand-
'- 
ards" as paragraph (1) and indenting such text two ems; 
(3) by striking out the period at the end of such paragraph and 
inserting in lieu thereof ; or"; and 
(4) by adding at the end the following new paragraph: 
"(2) prescribing reasonable and flexible guidelines, including 
- V negotiation objectives, for the conduct of negotiations regarding 
the respective rights in technical data of the United States and 
the contractor.". 
10 use 2320 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
take effect on the earlier of— 
(1) the last day of the 120-day period beginning on the date of 
the enactment of this Act; or 
(2) the date on which regulations are prescribed and made 
effective to implement such amendments. 
SEC. 809. SMALL BUSINESS SET-ASIDE PROGRAM AMENDMENTS 
(a) SMALL BUSINESS SMALL PURCHASE RESERVE EXCLUDED FROM 
ANNUAL GOALS.—(1) Section 15(g) of the Small Business Act (15 
U.S.C. 644(g)) is amended by inserting "having a value of $25,000 or 
more" after "procurement contracts of such agency" in the first 
sentence. Such amendment shall be in effect until September 30, 
1988. 
(2) Such section is amended, effective October 1, 1988, by striking 
out "having a value of $25,000 or more" after "procurement con-
tracts of such agency". 
(b) SUBCONTRACTING LIMITATIONS.—(1) Section 15(o) of the Small 
Business Act (15 U.S.C. 644(o)) is amended by striking out "this 
subsection" and inserting in lieu thereof "subsection (a)". 
(c) REPEAL.—Section 15(p) of the Small Business Act (15 U.S.C. 
644(p)) is repealed. 
(d) INITIAL REVIEW OF SIZE STANDARDS.—Paragraph (3) of section 
921(h) of the Defense Acquisition Improvement Act of 1986 (as 
contained in title IX of Public Law 99-661) is amended by striking 
out the second and third sentences and inserting in lieu thereof the 
following: "The Administrator shall publish proposed regulations, 
including any revised size standards, in the Federal Register by 
November 30, 1987, or the date of enactment of the National De-
fense Authorization Act for Fiscal Years 1988 and 1989, whichever is 
later. The proposed regulations shall provide not less than 60 days 
for public comment. The Administrator shall issue final regulations 
not later than May 31,1988.". 
SEC. 810. CONTRACT TERMS AND CONDITIONS RELATING TO CONTRAC-
TOR COSTS FOR PRODUCTION 
SPECIAL 
TOOLING 
AND 
PRODUCTION SPECIAL TEST EQUIPMENT 
(a) IN GENERAL.—(1) Chapter 137 of title 10, United States Code, is 
: amended by adding at the end the following new section: 
10 use 2329. 
"§2329. Production special tooling and production special test 
equipment: contract terms and conditions 
"(a) REGULATIONS.—The Secretary of Defense (acting through the 
Under Secretary of Defense for Acquisition) shall prescribe regula-
15 use 632 note. 
Regulations. 
Federal 
Register, 
publication. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1131 
tions providing for payment to contractors for production special 
tooling and production special test equipment acquired or fabricated 
in the performance of contracts described in subsection (b). Such 
regulations shall establish a uniform policy for the Department of 
Defense. 
"(b) CONTRACTS TO WHICH REGULATIONS APPLY.—(1) Except as 
provided in paragraph (2), regulations under this section shall apply 
in the case of any contract for production of an item that is awarded 
by the Secretary of a military department and under which the 
contractor, in order to perform the contract, is required to acquire or 
fabricate items of production special tooling or items of production 
special test equipment. 
"(2) Such regulation shall not apply to a contract in which the cost 
to the contractor of the special production tooling and special 
production test equipment used in the performance of the contract is 
less than $1,000,000. 
"(c) REQUIREMENTS.—Regulations under subsection (a) shall in- Regulations, 
elude the following: 
"(1) A requirement that the terms and conditions for the 
acquisition or fabrication of production special test equipment 
and production special tooling by a contractor under a contract 
described in subsection (b) (including specification of the maxi-
mum amount for which the contractor may be paid for such 
tooling and equipment)— 
"(A) shall be specified in the contract, and 
"(B) shall be determined by the Secretary concerned and 
the contractor through negotiations. 
"(2) A requirement that if the Secretary concerned, at the 
•'. j \ 
time a contract described in subsection O
t
>
) is entered into, 
reasonably anticipates that the United States will later contract 
with the same contractor for the same or similar items for 
which the contractor would be able to use the special production 
tooling or special production test equipment that the contractor 
was required to acquire or fabricate for performance of the 
contract, and if that tooling and equipment will not be used by 
the contractor solely for final production acceptance testing 
under the contract, the contractor— 
"(A) shall be paid for such tooling and equipment in 
accordance with the terms and conditions of the contract, 
but in a total amount not less than a percentage (deter-
mined under paragraph (3)) of the maximum amount for 
such payment agreed to under paragraph (1); and 
> 
"(B) shall be paid for the balance of such amount subject 
to the availability of appropriations and in accordance with 
an amortization schedule determined by the Secretary con-
cerned and the contractor through negotiations. 
< 
"(3) The percentage to be used under paragraph (2)(A) shall be 
specified in the contract based upon negotiations between the 
Secretary concerned and the contractor and may not be less 
than 50 percent, except that a lower percentage may be speci-
' 
fied 
in the case of any contract if the Secretary concerned, 
before the contract is entered into, approves the use of that 
lower percentage with respect to that contract. Any such ap-
proval by the Secretary concerned shall be made under criteria 
established by the Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition. 
101 STAT. 1132 
PUBLIC LAW 100-180—DEC. 4, 1987 
10 u s e 2329 
note. 
"(4) A requirement that a contract described in subsection (b) 
include provisions, determined on the basis of negotiations be-
tween the Secretary concerned and the contractor, which 
ensure that if the contract, or the program with respect to 
which such contract is awarded, is terminated before the maxi-
?' 
mum amount specified under paragraph (1) has been paid to the 
contractor, and the termination is not for a reason that reflects 
a failure of the contractor to perform the contract, the Sec-
retary concerned, subject to the availability of appropriations, 
shall pay the contractor the balance of such maximum amount 
n. :J in accordance with the terms and conditions of the contract. 
"(5) A requirement that, except as provided in paragraph (2), 
a contractor under a contract described in subsection (b) shall be 
paid for the special production tooling or special production test 
equipment that the contractor was required to acquire or fab-
ricate for performance under the contract in the maximum 
-qr 
amount provided in the contract and in accordance with the 
terms and conditions of the contract. 
"(d) Costs incurred by a contractor under a contract described in 
subsection (b) for the acquisition and fabrication of production 
special tooling and production special test equipment for which 
reimbursement is made under this section shall be considered to be 
direct costs incurred by the contractor.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2329. Production special tooling and production special test equipment: contract 
terms and conditions.". 
(b) EFFECTIVE DATE.—Section 2329 of title 10, United States Code, 
as added by subsection (a), shall apply with respect to contracts 
entered into pursuant to solicitations issued after the end of the 120-
day period beginning on the date of the enactment of this Act. 
PART B—OTHER ACQUISITION MATTERS 
Law 
enforcement 
and crime. 
18 u s e 281. 
SEC. 821. CONFLICT OF INTEREST IN DEFENSE PROCUREMENT 
Section 2397b(a)(l)(C) of title 10, United States Code, is amended 
by striking out "acted as a primary representative" and inserting in 
lieu thereof "acted as one of the primary representatives". 
SEC. 822. RESTATEMENT AND MODIFICATION OF RESTRICTIONS ON RE-
, ,, 5 , ^, 
TIRED MILITARY OFFICERS REGARDING CERTAIN MATTERS 
AFFECTING THE GOVERNMENT 
(a) REPEAL OF PRIOR LAW.—Sections 281 and 283 of title 18, United 
States Code, to the extent that such sections were not repealed by 
section 2 of Public Law 87-849 (76 Stat. 1126; approved October 23, 
1962), are repealed. 
O
t
)
) RESTATEMENT AND MODIFICATION OF LAW.—(1) Chapter 15 of 
title 18, United States Code, is amended by inserting after the table 
of sections the following new section: 
"§ 281. Restrictions on retired military ofHcers regarding certain 
matters affecting the Government 
"(a)(1) A retired officer of the Armed Forces who, while not on 
active duty and within two years after release from active duty, 
directly or indirectly receives (or agrees to receive) any compensa-
tion for representation of any person in the sale of anything to the 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1133 
United States through the mUitary department in which the officer 
is retired (in the case of an officer of the Army, Navy, Air Force, or 
Marine Corps) or through the Department of Transportation (in the 
case of an officer of the Coast Guard) shall be fined under this title 
or imprisoned not more than two years, or both. 
"(2) Any person convicted under paragraph (1) shall be incapable 
of holding any office of honor, trust, or profit under the United 
States. 
"(b) A retired officer of the Armed Forces who, while not on active 
duty and within two years after release from active duty, acts as 
agent or attorney for prosecuting or assisting in the prosecution of 
any claim against the United States— 
"(1) involving the military department in which the officer is 
retired (in the case of an officer of the Army, Navy, Air Force, 
or Marine Corps) or the Department of Transportation (in the 
case of an officer of the Coast Guard); or 
"(2) involving any subject matter with which the officer w£is 
directly connected while in an active-duty status; 
shall be fined under this title or imprisoned not more than one year, 
or both. 
"(c) This section does not apply— 
"(1) to any person because of the person's membership in the 
National Guard of the District of Columbia; or 
"(2) to any person specifically excepted by law.". 
(2) The table of sections at the beginning of such chapter is 
amended by striking out the items relating to sections 281 through 
284 and inserting in lieu thereof the following new item: 
"281. Restrictions on retired military officers regarding certain matters affecting 
the Government.". 
SEC. 823. RESTRICTION ON PURCHASE OF FOREIGN-MADE ADMINISTRA-
TIVE MOTOR VEHICLES 
(a) VEHICLES FOR USE INSIDE THE UNITED STATES.—Neither the 
Secretary of Defense nor the Secretary of a military department 
may enter into a contract during the period beginning on the date of 
the enactment of this Act and ending on September 30, 1989, for the 
procurement of administrative motor vehicles that are manufac-
tured in a country other than the United States or Canada and are 
for use inside the United States unless the type of motor vehicle 
proposed to be procured is not available in sufficient and reasonably 
available quantities and satisfactory quality from a manufacturer in 
the United States or Canada. 
(b) VEHICLES FOR USE OVERSEAS.—(1) Neither the Secretary of 
Defense nor the Secretary of a military department may enter into a 
contract during the period beginning on the date of the enactment of 
this Act and ending on September 30, 1989, for the procurement of 
administrative motor vehicles that are manufactured in a country 
other than the United States or Canada and are for use outside the 
United States (other than motor vehicles intended for use in secu-
rity, intelligence, and criminal investigative operations) unless firms 
which manufacture similar vehicles in the United States or Canada 
are afforded a fair opportunity to compete for the contract. 
(2) In awarding any contract subject to paragraph (1), the Sec-
retary of Defense or the Secretary of the military department 
concerned may take into consideration the cost and availability of 
maintenance and other logistic services and supplies required for 
the operation of such vehicles. 
District of 
Columbia. 
Contracts. 
101 STAT. 1134 
PUBLIC LAW 100-180—DEC. 4, 1987 
ssi;0' 
10 use 2432 
note. 
Union of Soviet 
Socialist 
Republics. 
(c) EXCEPTIONS.—This section shall not apply to the procurement 
of administrative motor vehicles in the case of a contract— 
(1) for an amount less than $50,000; or 
(2) that is specifically authorized by law. 
(d) APPUCABIUTY.—(1) Except as provided in paragraph (2)(B), 
suljsection O
t
>
) shall not apply in the case of a contract authorized or 
required to be entered into as provided under the terms of a country-
to-country agreement for the support of United States Armed Forces 
in Europe if the agreement is in existence on the date of the 
enactment of this Act. 
(2)(A) After the date of the enactment of this Act, the Secretary of 
Defense may not enter into a country-to-country agreement for the 
support of United States Armed Forces in Europe that is inconsist-
ent with the limitations on the procurement of administrative motor 
vehicles under this section applicable during the period beginning 
on the date of the enactment of this Act and ending on Septem-
ber 30, 1989. 
(B) If an agreement described in paragraph (1) is renewed or 
extended after the date of the enactment of this Act, the Secretary 
shall ensure that such agreement, as renewed or extended, is not 
inconsistent with the limitations on the procurement of administra-
tive motor vehicles under this section applicable during the period 
beginning on the date of the enactment of this Act and ending on 
September 30,1989. 
SEC. 
8
2
4
. 
PROCUREMENT OF MANUAL TYPEWRITERS FROM WARSAW 
PACT 
COUNTRIES 
(a) MOST-FAVORED-NATION COUNTRIES.—Section 2400 of title 10, 
United States Code, as amended by section 124, is amended by 
adding at the end the following: 
"(c) MANUAL TYPEWRITERS FROM WARSAW PACT COUNTRIES.— 
Funds appropriated to or for the use of the Department of Defense 
may not be used for the procurement of manual typewriters which 
contain one or more components manufactured in a country which 
is a member of the Warsaw Pact unless the products of that country 
are accorded nondiscriminatory treatment 
(most-favored-nation 
treatment).". 
(b) CONFORMING REPEAL.—Section 1262 of the Department of 
Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 703), is 
repealed. 
SEC. 825. SENSE OF CONGRESS ON PREPARATION OF CERTAIN ECONOMIC 
IMPACT AND EMPLOYMENT INFORMATION CONCERNING NEW 
ACQUISITION PROGRAMS 
It is the sense of Congress that the Secretary of Defense should 
not, before an acquisition program is approved to proceed into full-
scale development, prepare any material, report, list, or analysis 
with respect to economic benefits or the employment impact of that 
program in a particular State or congressional district. 
TITLE IX—MATTERS RELATING TO ARMS CONTROL 
SEC. 901. MISSILE TECHNOLOGY CONTROL REGIME 
(a) FINDINGS.—The Congress finds that— 
(1) the proliferation of nuclear weapons and of missiles ca-
pable of tne delivery of nuclear weapons is a threat to inter-
national peace and security; 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1135 
(2) in the early 1980's, the danger of the proliferation of such 
weapons and missiles was formally recognized in discussions 
among the governments of the United States, Canada, France, 
the Federal Republic of Germany, Italy, Japan, and the United 
Kingdom; and 
(3) these seven governments, after four years of negotiations. 
International 
on April 7, 1987, concluded an agreement known as the Missile 
agreements. 
Technology Control Regime, for the purpose of limiting the 
proliferation of missiles capable of the delivery of nuclear weap-
ons (and hardware and technology related to such missiles) 
throughout the world. 
(b) EXPRESSIONS OF CONGRESS.—The Congress-
C
D expresses its firm support for the Missile Technology 
Control Regime as a means of enhancing international peace 
and security; 
(2) expresses its strong hope that all nations of the world will 
adhere to the Guidelines of the Missile Technology Control 
Regime; and 
(3) expresses its expectation that all relevant agencies of the 
United States Government will ensure the fully effective im-
plementation of this regime. 
(c) REPORT ON MANPOWER REQUIRED TO IMPLEMENT THE MISSILE 
TECHNOLOGY CONTROL REGIME.—(1) Not later than February 1,1988, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report— 
(A) identifying the functional responsibilities of the Depart-
ment of Defense for implementing the Missile Technology Con-
trol Regime; 
(B) describing the number and skills of personnel currently 
available in the Department of Defense to perform these func- 
' ^ 
tions; and 
(C^assessing the adequacy of these resources for the effective 
* ... 
performance of these responsibilities. 
(2) The report required by p a r ^ a p h (1) shall identify the total 
number of current Department of Defense full-time employees or 
military personnel and the grades of such personnel and the special 
knowledge, experience, and expertise of such personnel, required to 
carry out each of the following responsibilities of the Department 
under the regime: 
(A) Review of private-sector export license applications and 
government-to-government cooperative activities. 
(B) Intelligence analysis and activities. 
(C) Policy coordination. 
i 
(D) International liaison activity. 
(E) Enforcement and technology security operations. 
(F) Technical review. 
(3) The report shall include the Secretary's assessment of the 
adequacy of staffing in each of the categories specified in sub-
paragraphs (A) through (F) of paragraph (2) and shall make 
recommendations concerning measures, including legislation if 
necessary, to eliminate any identified staffing deficiencies and to 
improve interagency coordination with respect to the regime. 
SEC. 902. SENSE OF CONGRESS ON THE KRASNOYARSK RADAR 
(a) FINDINGS.—The Congress finds the following: 
(1) The 1972 Anti-Ballistic Missile Treaty prohibits each party 
International 
to the Treaty from deploying ballistic missile early warning 
agreements. 
101 STAT. 1136 
PUBLIC LAW 100-180—DEC. 4, 1987 
International 
agreements. 
President of U.S. 
radars except at locations along the periphery of its national 
territory and oriented outward. 
V 
(2) The 1972 Anti-Ballistic Missile Treaty prohibits each party 
^- to the Treaty from deploying an anti-ballistic missile system to 
defend its national territory and from providing a base for any 
^ such nationwide defense. 
(3) Large phased-array radars were recognized during negotia-
tion of the 1972 Anti-Ballistic Missile Treaty as the critical long 
lead-time element of a nationwide defense against ballistic 
missiles. 
(4) In 1983 the United States discovered the construction, in 
the interior of the Soviet Union near the town of Krasnoyarsk, 
<
J
J of a large phased-array radar that has subsequently been judged 
•
?
f
» to be for ballistic missile early warning and tracking. 
(5) The Krasnoyarsk radar is more than 700 kilometers from 
the Soviet-Mongolian border and is not directed outward but 
instead, faces the northeast Soviet border more than 4,500 
kilometers away. 
VI- (6) The Krasnoyarsk radar is identical to other Soviet ballistic 
r missile early warning radars and is ideally situated to fill the 
gap that would otherwise exist in a nationwide Soviet ballistic 
missile early warning radar network. 
(7) The President has certified that the Krasnoyarsk radar is 
an unequivocal violation of the 1972 Anti-Ballistic Missile 
Treaty. 
Ot)) SENSE OF CONGRESS.—It is the sense of the Congress that the 
Soviet Union is in violation of its legal obligation under the 1972 
Anti-Ballistic Missile Treaty. 
SEC. 
9
0
3
. 
REPORT ON COMPLIANCE BY THE SOVIET UNION WITH 
THRESHOLD 
TEST 
BAN 
TREATY 
(a) IN GENERAL.—The President shall submit to Congress, not 
later than 30 days after the date of the enactment of this Act, a 
report discussing the use of the current official United States 
method of estimating the yield of Soviet underground nuclear tests 
to determine the extent to which the Soviet Union is complying with 
the 150 kiloton limit on underground nuclear tests contained in the 
Threshold Test Ban Treaty. 
Q}) FORM AND CONTENT OF REPORT.—The report shall be submitted 
in both classified form and (if possible) unclassified form and shall 
include the following matters: 
(1) A discussion of whether past assessments made by the 
United States of the extent of Soviet compliance with the 150 
kiloton limit contained in the Threshold Test Ban Treaty would 
have been different if the United States, in making those 
assessments, had used the current official United States method 
(if of estimating the 5deld of underground nuclear tests conducted 
by the Soviet Union. 
(2) The number of nuclear tests conducted by the Soviet 
Union after March 31,1976, that have a central value exceeding 
< 150 kilotons yield (estimated on the basis of the current official 
method used by the United States in estimating underground 
nuclear test jrields), the central value of those tests (estimated 
on such basis), and the dates on which those tests were 
conducted. 
(3) The number, dates, and estimated central values of tests, if 
any, conducted by the United States after March 31, 1976, 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1137 
h which, if measured on the basis of the current official method 
used by the United States in estimating Soviet underground 
nuclear test yields (taking into account the differences between 
the United States and Soviet test sites), would have an indicated 
central value exceeding 150 kilotons yield. 
(4) The number of tests conducted by the United States after 
March 31, 1976, if any, which actually had yields exceeding 150 
kilotons, the estimated central value of each such test, and the 
- date on which each such test was conducted. 
(5) A description of all nuclear testing activities of the Soviet 
Union which the President has found to be likely violations of 
£ the legal obligations under the Threshold Test Ban Treaty, the 
dates on which those activities took place, and the specific legal 
obligations under the Threshold Test Ban Treaty likely to have 
been violated by the Soviet Union in conducting such activities. 
(6) A discussion of whether and, if so, the extent to which, the 
President, in arriving at his finding that several nuclear tests 
V conducted by the Soviet Union constituted a likely violation of 
legal obligations under the Threshold Test Ban Treaty, consid-
ered the mutual agreement contained in the Threshold Test 
Ban Treaty which permits one or two minor, unintended 
breaches of the 150 kiloton limit per year to be considered 
nonviolations of the Treaty. 
(7) A detailed comparison of the current official method used 
by the United States Government in estimating Soviet under-
t 
ground nuclear test yields with the method replaced by the 
current method, and the date on which the current official 
method was adopted by the United States. 
SEC. 904. CONGRESSIONAL FINDINGS AND DECLARATIONS CONCERNING 
ARMS CONTROL NEGOTIATIONS 
(a) CONGRESSIONAL FINDINGS.—The Congress makes the following 
findings: 
(1) The United States and the Soviet Union are currently 
engaged in negotiations to conclude a treaty on intermediate-
range nuclear forces (INF) and are continuing serious negotia-
tions on other issues of vital importance to the national security 
of the United States. 
(2) The current negotiations, which reflect delicate com-
promises on both sides, are a culmination of years of detailed 
and complex negotiations in which the negotiators for the 
United States have been pursuing a policy consistently advo-
r 
cated by the past two Presidents regarding nuclear arms control 
in the European theater. 
(3) While recognizing fully that the President, under clause 2, 
f 
section 2, article II of the Constitution, has the power, by and 
with the advice and consent of the Senate, to make treaties, the 
Congress also recognizes the special responsibility conferred by 
; 
the Founding Fathers on the Senate in requiring that it give its 
advice and consent before a treaty may be ratified by the 
United States and that in carrying out this responsibility the 
Senate is accountable to the people of the United States and has 
a duty to ensure that no treaty is ratified which would be 
detrimental to the welfare and security of the United States. 
(4) In recognition of this responsibility, the Senate has estab-
lished a special continuing oversight body, the Arms Control 
Observer Group, which over the last two and one-half years has 
President of U.S. 
Arms Control 
Observer 
Group, 
establishment. 
101 STAT. 1138 
PUBLIC LAW 100-180—DEC. 4, 1987 
functioned to provide advice and counsel to the President and 
his negotiators, when appropriate, on a continuing basis during 
the course of the negotiations to achieve an INF treaty. 
President of U.S. 
(5) The Senate and the President both have a role under the 
Constitution in the making of treaties and Congress as a whole 
*' has a role under the Constitution in the regulating of expendi-
tures, including expenditures for weapons systems that may be 
the subject of treaty negotiations. 
(b) CONGRESSIONAL DECLARATIONS.—In light of the findings in 
sLibsection (a). Congress— 
(1) fully supports the efforts of the President to negotiate 
stabilizing, equitable, and verifiable arms reduction treaties 
with the Soviet Union; 
(2) endorses the principle of mutuality and reciprocity in arms 
control negotiations with the Soviet Union and cautions that 
neither the Congress nor the President should take actions 
which are unilateral concessions to the Soviet Union; and 
(3) urges the President to take care that no provision is agreed 
to in those negotiations that would be harmful to the security of 
the United States or its allies and friends. 
(c) DECLARATION OF THE SENATE.—The Senate declares that it will 
reserve judgment regarding the approval of any arms control treaty 
until it has conducted a thorough examination of the provisions of 
the treaty and has assured itself that those provisions— 
(1) are effectively verifiable; and 
(2) serve to enhance the strength and security of the United 
States and its allies and friends. 
SEC. 905. REPORT ON MILITARY CONSEQUENCES OF THE ELIMINATION 
OF BALLISTIC MISSILES 
(a) REPORT REQUIREMENT.—Not later than 30 days after the date 
of the enactment of this Act, the Chairman of the Joint Chiefs of 
Staff shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report examining the mili-
tary consequences of any arms control agreement between the 
United States and the Soviet Union that would provide for the 
elimination of all strategic ballistic missiles of the United States and 
the Soviet Union. 
(b) MATTERS TO BE DISCUSSED.—Such report shall be submitted in 
both classified and unclassified form and shall include a discussion 
of the strategic, budgetary, and force structure implications of an 
agreement described in subsection (a) for— 
(1) conventional defenses of the United States and its allies in 
Europe, the Far East, and other regions vital to the national 
•8.1}'b: 
> Kisn" 
security of the United States; 
(2) tactical nuclear deterrence by the United States in those 
regions; 
(3) strategic offensive retaliatory systems of the United States 
that would not be affected by such an agreement, including 
bomber forces and cruise missiles; 
(4) air defenses of the United States needed to counter bomber 
forces and cruise missiles of the Soviet Union; 
(5) Strategic Defense Initiative programs designed to provide 
possible defenses against strategic ballistic missiles; and 
'. ^ 
(6) any new programs which the Chairman of the Joint Chiefs 
' 
of Staff may consider necessary in order for the United States to 
,^ ., 
protect its national security interests in light of the relative 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1139 
advantage conferred by such an agreement on other nations 
possessing nuclear weapons whose strategic ballistic missile 
forces would not be siffected by the agreement. 
SEC. 906. REPORT ON IMPLICATIONS OF CERTAIN ARMS CONTROL 
POSITIONS 
Not later than June 30, 1988, the Secretary of Defense shall 
submit to Congress a report, in both classified and unclassified 
versions, containing the following: 
(1) A description of the quantitative and qualitative implica-
tions for the strategic modernization program of the United 
States of the publicly-announced position of the United States 
at the Strategic Arms Reduction Talks in Geneva, giving spe-
cial, but not exclusive, attention to the implications of such 
position for the Trident SSBN program, the rail-garrison Peace-
keeper program, and the small intercontinental ballistic missile 
("Midgetman") program. 
(2) A description of the advantages and drawbacks of follow-
ing the recommendations made in 1983 in the report of the 
President's Commission on Strategic Forces with regard to 
research on smaller ballistic-missile carrying submarines, each 
carrying fewer missiles than the Trident, as a potential 
follow-on to the Trident submarine force. 
(3) The recommendations of the Secretary of Defense with 
regard to paragraphs (1) and (2) on United States force mod-
ernization policy and arms control policy. 
SEC. 907. SUPPORT FOR NUCLEAR RISK REDUCTION CENTERS 
(a) Congress applauds the recent signing of an agreement between international 
the United States and the Soviet Union on the establishment of agreements. 
nuclear risk reduction centers. Congress regards this eigreement as 
an important and practical first step in reducing the threat of 
nuclear war due to accident, misinterpretation, or miscalculation. 
Congress notes that the agreement calls for centers to be established 
in each nation's respective capital for the routine exchange of 
information and advanced notification of nuclear and missile 
testing. 
(h) It is the hope of Congress that this first step in nuclear risk 
reduction will increase the confidence and mutual trust of both 
parties to the agreement and lead to an expansion in functions to 
reduce further the chances of accidental war. Such functions may 
include joint discussions on crisis prevention and the development of 
strategies to deal with incidents or threats of nuclear terrorism, 
nuclear proliferation, or other mutually agreed upon issues of con-
cern in reducing nuclear risk. 
TITLE X—MATTERS RELATING TO NATO COUNTRIES AND 
OTHER ALLIES 
PART A—NATO DETERRENCE 
SEC. 1001. REPORT ON REQUIREMENTS FOR MAINTAINING NATO'S 
STRATEGY OF DETERRENCE 
(a) REQUIREMENT.—The Secretary of Defense shall submit to Con-
gress a report regarding the ability of the North Atlantic Treaty 
Organization (NATO) to maintain its strategy of deterrence through 
the 1990s. The report shall include a specific discussion of the 
101 STAT. 1140 
PUBLIC LAW 100-180—DEC. 4, 1987 
implications for such deterrence if the United States and the Soviet 
Union agree to a treaty which requires the elimination of all 
intermediate-range nuclear force (INF) missiles having a range 
between 500 and 5,500 kilometers. The report shall be prepared in 
consultation with the Supreme Allied Commander, Europe, and the 
Chairman of the Joint Chiefs of Staff. 
(b) FORM AND CONTENT OF REPORT.—The Secretary shall submit 
the report required by subsection (a) in both classified and unclassi-
fied forms and shall include in the report the following: 
(1) A discussion of the effect that the elimination under an 
INF treaty of intermediate range missiles deployed by the 
United States and the Soviet Union would likely have on the 
ability of NATO to maintain an effective flexible response 
strategy and credible deterrence. 
(2) The appropriate numbers and types of nuclear weapons 
and nuclear-capable delivery systems of the United States not 
limited by the proposed INF treaty which the Secretary of 
w 
Defense recommends for deployment in or redeployment to the 
European theater if an INF treaty is ratified and enters into 
. 
force, including a description of any nuclear modernization 
] 
program the Secretary has recommended or proposes to rec-
ommend as necessary to ensure that NATO will be able to 
; 
maintain a credible and effective military strategy. 
f 
(3) A discussion of the balance between the nonnuclear forces 
of NATO and the Warsaw Pact in the European theater, the 
likelihood of NATO making significant improvements in that 
balance over the next few years, the potential effect of conven-
8' 
tional force balance alternatives currently under consideration 
by the United States Government, and the likelihood and poten-
tial effect of a new agreement between NATO and the Warsaw 
Pact limiting nonnuclear forces on that balance. 
(4) A discussion of the feasibility and cost effectiveness of 
^ 
substituting advanced conventional munitions for nuclear weap-
ons currently deployed by NATO, including a discussion of the 
costs of such weapons and prospects for sharing such costs 
among NATO allies. 
^ 
(5) A description of nonnuclear forces that would be needed to 
support the operational concept of Follow-on Forces Attack 
(FOFA). 
(6) The status of improvements being made in the air defenses 
_ of NATO in Europe. 
"' 
(7) A discussion of the views of the leaders of member nations 
of NATO (other than the United States) and of the Supreme 
Allied Commander, Europe (SACEUR), on the matters described 
in paragraphs (1) through (5). 
(c) DEADUNE OF REPORT.—The report required by subsection (a) 
shall be submitted not later than the earlier of— 
(1) 90 days after the date of the enactment of this Act; or 
(2) the date on which the President submits to the Senate for 
its advice and consent a treaty described in subsection (a). 
SEC. 1002. SENSE OF CONGRESS ON LEVEL OF UNITED STATES FORCES 
PERMANENTLY STATIONED IN EUROPE IN SUPPORT OF NATO 
(a) FINDINGS.—The Congress makes the following findings with 
respect to the level of United States military forces permanently 
stationed in Europe: 
. . 
, 
.. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1141 
(1) The agreement in principle between the United States and 
the Soviet Union to eliminate all intermediate-range nuclear 
missiles hsis important implications for the defense posture of 
the North Atlantic Treaty Organization alliance. 
(2) The presence of United States forces in Europe constitutes 
the most visible and meaningful evidence of the continuing 
strong commitment of the United States to the integrity of the 
a l l I a Ti CG 
(3) NATO Defense Ministers stated in May 1987 that the 
"continued presence of United States forces at existing levels in 
Europe plays an irreplaceable role in the defense of North 
America as well as Europe". 
O
t
)
) SENSE OF CONGRESS.—(1) In light of the findings in subsection 
(a), it is the sense of Congress that— 
(A) the stationing in Europe of United States military forces 
in support of NATO at the level of military personnel perma-
nently stationed in Europe in support of NATO on the date of 
' 
^ 
the enactment of this Act plays an indispensable role for peace 
and deterrence; and 
(B) the commitment of United States forces should be contin-
ued at that level (assuming all existing basing agreements 
remain in effect). 
^^ • ^ 
(2) It is further the sense of Congress that it would not be 
inconsistent with the sense of Congress expressed in paragraph (1) if 
the actual number of United States military personnel permanently 
stationed in Europe in support of NATO at any time falls below the 
level of such personnel on the date of the enactment of this Act 
because of administrative fluctuations or if such level is reduced 
following a determination by the President that national security 
considerations require such a reduction. 
SEC. 1003. STUDY OF FUTURE OF NATO 
The Secretary of Defense shall contribute, from funds appro-
priated for fiscal year 1988 for operation and maintenance of 
Defense Agencies, the amount of $50,000 to the North Atlantic 
Assembly for a study on the future of the North Atlantic Treaty 
;,...„3 -i-x-
Organization. 
PART B—BURDEN SHARING 
SEC. 1011. STUDY OF DEFENSE EXPENDITURES IN JAPAN 
Far East. 
(a) IN GENERAL.—The Secretary of Defense shall conduct a study 
of the ways in which the United States may further its national 
security interests in the Far East. 
OD) REPORT.—Within 90 days after the date of the enactment of 
this Act, the Secretary shall transmit to Congress a report on such 
study. The report shall contain— 
(1) the plans of the Department of Defense in the current five-
year defense plan for defense expenditures for each fiscal year 
covered by the plan to be made in support of United States 
security interests in the Far East and, of such planned expendi-
tures in each such fiscal year, how much is attributable to 
projected increases in defense outlays for that fiscal year; 
(2) the projections for national defense expenditures by Japan 
for each such fiscal year; 
(3) the projections for national defense expenditures by the 
United States directly in support of United States forces, facili-
101 STAT. 1142 
PUBLIC LAW 100-180—DEC. 4, 1987 
Afghanistan. 
Union of Soviet 
Socialist 
Republics. 
South Pacific. 
Cambodia. 
Vietnam. 
Persian Gulf. 
Seigo Suzuki. 
ties, and equipment stationed or located in Japan for each such 
fiscal year; and 
(4) the projections for national defense expenditures by Japan 
directly in support of United States forces stationed in Japan 
for each such fiscal year. 
SEC. 1012. SENSE OF CONGRESS REGARDING JAPAN'S CONTRIBUTIONS TO 
GLOBAL STABILITY 
(a) FINDINGS.—The Congress makes the following findings: 
(1) The alliance of the United States and Japan is the founda-
tion for the security of Japan and peace in the Far East and is a 
major contributing factor to the democratic freedoms and eco-
nomic prosperity enjoyed by both the United States and Japan. 
(2) Threats to the security of both the United States and 
Japan have increased significantly since 1976, principally as the 
result of— 
(A) the occupation of Afghanistan by the Soviet Union; 
(B) the continued expansion and buildup of military 
forces of the Soviet Union (particularly the expansionist 
efforts by the Soviet Union in the South Pacific and the 
buildup of the Soviet Pacific fleet); 
(C) the occupation of Cambodia by Vietnam; and 
(D) instability in the Persian Gulf region (from which 
; 
Japan receives 60 percent of its petroleum and one-third of 
its total energy requirements). 
(3) In keeping with the declaration made at the 1983 meeting 
in Williamsburg, Virginia, of the leaders of the leading industri-
alized democracies that "the security of our countries is indivis-
ible and must be approached on a global basis", the government 
of Japan— 
(A) has raised its defense spending by an average of 5 
percent per year since 1981; 
(B) has rescinded a limit on annual expenditures for 
defense of 1 percent of the gross national product of Japan; 
and 
f • 
(C) is fulfilling the pledge of Prime Minister Suzuki to 
defend the territory, airspace, and sea lanes of Japan to a 
distance of 1,000 miles by 1990. 
(4) While recognizing and applauding the actions by the 
government of Japan referred to in paragraph (3), Congress 
notes that Japan has the second largest gross national product 
in the world, is a major creditor nation, and has a large private 
savings rate, but nevertheless lags far behind other industri-
alized democracies in terms of the percentage of its gross na-
tional product that it spends for national defense and programs 
to promote global security and stability. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that the 
United States would welcome an initiative by Japan to assume a 
politically acceptable and significant global security role consistent 
with its economic status by taking the following actions: 
(1) Increasing spending for its Official Development Assist-
ance program and its defense programs so that, by 1992, the 
level of spending by Japan on those programs (stated as a 
percentage of gross national product) will approximate the aver-
' 
age of the levels of spending by the member nations of the 
North Atleintic Treaty Organization on official development 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1143 
assistance and defense programs (stated £is a percentage of their 
respective gross national products). 
(2) Devoting increased spending for its Official Development 
Assistance program primarily to the Republic of the Philippines 
and regions of importance to global stability outside of East 
Asia, particularly Oceania, Latin America, and the Caribbean 
and Mediterranean nations. 
(3) Devoting any increase in spending for that program pri-
marily to concessional, untied grants and increasing the portion 
of total expenditures made for that program for those multilat-
eral financial institutions of which Japan is a member. 
(4) Designating those nations that are to be recipients of 
increased development assistance as described in paragraphs (1) 
through (3) through consultation with its security partners. 
(5) Completing its five-year defense program for fiscal years 
1986 through 1990 and, at the earliest possible date after the 
completion of that program, further enhancing the fulfillment 
of the pledge of Prime Minister Suzuki referred to in subsection 
(a)(3). 
PART C—PROCUREMENT MATTERS 
Philippines. 
Oceania. 
Latin America. 
Caribbean 
nations. 
Mediterranean 
nations. 
SEC. 1021. OVERSEAS WORKLOAD PROGRAM 
(a) IN GENERAL.—A firm of any member nation of the North 
Atlantic Treaty Orgeuiization (NATO) or of any major non-NATO 
ally shall be eligible to bid on any contract for the maintenance, 
repair, or overhaul of equipment of the Department of Defense to be 
awarded under competitive procedures as part of the program of the 
Department of Defense known as the Overseeis Workload Program. 
(b) SITE FOR PERFORMANCE OF WORK.—A contract awarded during 
fiscal year 1988 or 1989 to a firm described in subsection (a) may be 
performed in the theater in which the equipment is normally 
located or in the country in which the firm is located. 
(c) EXCEPTIONS.—The Secretary of a military department may 
restrict the geographic region in which a contract referred to in 
subsection (a) may be performed if the Secretary determines that 
performance of the contract outside that specific region— 
(1) could adversely affect the military preparedness of the 
Armed Forces of the United States; or 
(2) would violate the terms of an international agreement to 
which the United States is a party. 
(d) REPORT REQUIREMENT.—(1) Not later than December 1, 1988, 
the Secretary of Defense shall submit to Congress a report on the 
nature of the maintenance, repair, and overhaul work of the Depart-
ment of Defense performed under the program of the Department of 
Defense known as the Overseas Workload Program. 
(2) The report shall include the following: 
(A) A description of the categories of work performed under 
that program and the costs associated with those categories of 
work. 
(B) A description of the capabilities of facilities that United 
States firms have established in Europe to perform work under 
that program. 
(C) A description of the capabilities to perform work under 
that program by firms in the United States, Canada, and coun-
tries that are major non-NATO allies of the United States. 
10 u s e 2341 
note. 
Contracts. 
Canada. 
101 STAT. 1144 
PUBLIC LAW 100-180—DEC. 4, 1987 
Canada. 
(D) A description of the maintenance, repair, and overhaul 
work under that program that could be performed in the United 
., 
;,.r 
States or Canada, or in a country that is a major non-NATO 
:,•, -,,: 
ally, on a cost-effective basis and without a significant adverse 
ru' 
-
" . i^i 
effect on the readiness of the Armed Forces of the United 
•' ::;';^^ 
. ; states. 
:-.». '-iTi^i'^f 
(E) A list and detailed explanation of each of the instances, 
. u .: '.'. 
through October 31, 1988, in which the Secretary of a military 
department exercised the authority provided in subsection (c). 
(e) DEFINITION.—For purposes of this section, the term "major 
non-NATO ally" has the meaning given that term by section 
1105(gXl) of the National Defense Authorization Act for Fiscal Year 
1987 (Public Law 99-661). 
SEC. 1022. NATO COOPERATIVE PROJECT AGREEMENTS 
Clause (C) of section 27(bXl) of the Arms Export Control Act (22 
U.S.C. 2767(b)(lXC)) is amended by inserting "or for procurement by 
the United States of munitions from the North Atlantic Treaty 
Organization or a subsidiary of such organization" after "member 
country". 
SEC. 1023. REPORT ON CO-PRODUCTION OR CO-ASSEMBLY OF MlAl TANK 
.'.^2. • '^' 
(a) IN GENERAL.—The Secretary of Defense shall submit to Con-
: t *'/^ 
gress a detailed report on any plans of the Department of Defense as 
of the time of the submission of the report regarding co-production 
or co-Eissembly of the Ml or MlAl Abrams tank with a foreign 
country. The Secretary shall include in such report the following: 
(1) The status of any current negotiations by the Secretary of 
Defense with any foreign country regarding the co-production 
or co-assembly of the Ml or MlAl tank by the United States 
and that country. 
(2) A comparison of the long-term effects on the United States 
mobilization base of production of such tank under a co-produc-
< tion or co-assembly arrangement with a foreign country. 
(3) The effect an arrangement with a foreign country for the 
co-production or co-assembly of such tank would have on the 
national security of the United States. 
(b) DEADUNE FOR REPORT.—The Secretary shall submit the report 
required under subsection (a) not later than 90 days after the date of 
the enactment of this Act. 
(c) CLASSIFICATION OF REPORT.—The Secretary shall submit the 
report required under subsection (a) in both classified and unclassi-
fied form. 
SEC. 1024. WEAPONS STORAGE AND SECURITY SYSTEMS 
(a) LIMITATION ON INSTALLATION.—Funds appropriated or other-
wise made available to the Department of Defense for fiscal years 
1988 and 1989 may not be expended for installation of Weapons 
Storage and Security Systems (WSSS) in the territory of any Euro-
pean member nation of the North Atlantic Treaty Organization 
until the Secretary of Defense certifies to Congress that the 
construction program with respect to such systems is eligible for 
common financing under the NATO Infrastructure program. 
isB.s; 
(b) EFFECT OF INF TREATY.—If a treaty on Intermediate Range 
Nuclear Forces (INF) is ratified before the certification under 
subsection (a) is made, the Secretary shall submit with the certifi-
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1145 
cation a plan for revising the installation of those systems in order 
to reflect any additional requirements resulting from that treaty. 
(c) MILESTONES.—The Secretary shall submit with the certification 
Reports. 
under subsection (a) a description of the key milestones for entering 
into contracts under the program and for reaching an agreement 
'^' '• 
concerning NATO financing and shall include a certification that all 
available steps are being taken to accelerate agreement with NATO 
on a final plan for recoupment of advance funding by the United 
States for the installation of such systems. 
TITLE 
XI—DEPARTMENT 
OF 
DEFENSE MANAGEMENT 
PART A—CONSTRUCTION AND MAINTENANCE OF NAVAL VESSELS 
SEC. 1101. CLARIFICATION OF LIMITATION ON CONTRACTING FOR 
SHORT-TERM NAVAL VESSEL REPAIR WORK 
Subsection (d) of section 7299a of title 10, United States Code, is Rivers and 
amended to read as follows: 
harbors. 
"(d)(1) Before issuing a solicitation for a contract for short-term 
work for the overhaul, repair, or maintenance of a naval vessel, the 
Secretary of the Navy shall determine if there is adequate competi-
tion available among firms able to perform the work at the home-
port of the vessel. If the Secretary determines that there is adequate 
competition among such firms, the Secretary— 
"(A) shall issue such a solicitation only to firms able to 
,;^.,:; 
perform the work at the homeport of the vessel; and 
"(B) may not award such contract to a firm other than a firm 
that will perform the work at the homeport of the vessel. 
"(2) Paragraph (1) applies notwithstanding subsection (b) or any 
other provision of law. 
"(3) Paragraph (1) does not apply— 
"(A) in the case of voyage repairs; or 
"(B) in the case of a vessel that is assigned to the Naval 
Reserve force and homeported on the West Coast of the United 
States. 
"(4) In this subsection, the term 'short-term work' means work 
that will be for a period of six months or less.". 
SEC. 1102. RATES FOR PROGRESS PAYMENTS ON CERTAIN NAVAL SHIP 
REPAIR CONTRACTS 
(a) IN GENERAL.—(1) Chapter 633 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 7312. Repair or maintenance of naval vessels: progress payments 
lo use 7312. 
under certain contracts 
"(a) The Secretary of the Navy shall provide that the rate for 
progress pa)niients on naval ship contracts to which this section 
applies shall be— 
"(1) 90 percent, in the case of firms considered to be small 
Small business. 
businesses, and 
"(2) 85 percent, in the case of all other firms. 
"(b) This section applies to any contract awarded by the Secretary 
of the Navy for repair, maintenance, or overhaul of a naval vessel 
(other than a nuclear-powered vessel) for work required to be per-
formed in one year or less.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
101 STAT. 1146 
PUBLIC LAW 100-180—DEC. 4, 1987 
C!ontracts. 
10 use 7312 
note. 
"7312. Repair or maintenance of naval vessels: progress payments under certain 
contracts.". 
Ot)) TRANSITION.—The amendment made by subsection (a) does not 
apply to a contract awarded pursuant to a solicitation issued before 
the date of the enactment of this Act. 
SEC. 1103. DOMESTIC CONSTRUCTION OF CERTAIN VESSELS 
Section 7309(a) of title 10, United States Code, is amended by 
striking out "no naval vessel, and no vessel of any other military 
department," and inserting in lieu thereof "no vessel to be con-
structed for any of the armed forces". 
SEC. 1104. CONTRACTS FOR THE OVERHAUL, REPAIR, AND MAINTENANCE 
OF NAVAL VESSELS 
Funds appropriated pursuant to authorizations in this Act may 
not be obligated or expended for the overhaul, repair, or mainte-
nance of any naval vessel unless, in the evaluation of bids or 
proposals for such activity, the Secretary of the Navy complies with 
the requirement of section 7299a of title 10, United States Code. 
10 use 2304 
note. 
Regulations. 
PART B—CONTRACTING OUT 
SEC. nil. AUTHORITY OF BASE COMMANDERS OVER CONTRACTING FOR 
COMMERCIAL ACTIVITIES 
(a) AUTHORITY.—The Secretary of Defense shall direct that the 
commander of each military installation (under regulations pre-
scribed by the Secretary of Defense and subject to the authority, 
direction, and control of the Secretary) shall have the authority and 
the responsibility to carry out the following: 
(1) Prepare an inventory each fiscal year of commercial activi-
ties carried out by Government personnel on the military 
^' 
installation. 
' 
(2) Decide which commercial activities shall be reviewed 
5 
under the procedures and requirements of Office of Manage-
' '- ment and Budget Circular A-76 (or any successor administra-
tive regulation or policy). 
» ' 
(3) Conduct a solicitation for contracts for those commercial 
activities selected for conversion to contractor performance 
V . under the Circular A-76 process. 
(4) To the maximum extent practicable, assist in finding 
suitable employment for any employee of the Department of 
Defense who is displaced because of a contract entered into with 
a contractor for performance of a commercial activity on the 
military installation. 
(b) DEADUNE FOR REGULATIONS.—The Secretary shall prescribe 
the regulations required by subsection (a) no later than 60 days after 
the date of the enactment of this Act. 
(c) DEFINITION.—In this section, the term "military installation" 
means a base, camp, post, station, yard, center, or other activity 
under the jurisdiction of the Secretary of a military department 
which is located within any of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, or Guam. 
(d) TERMINATION OF AUTHORITY.—The authority provided for 
commanders of military installations by subsection (a) shall termi-
nate on October 1,1989. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1147 
SEC. 1112. PROHIBITION 
ON 
CONTRACTS 
FOR 
PERFORMANCE 
OF 
SECURITY-GUARD FUNCTIONS 
(a) IN GENERAL.—Subsection (a) of section 2693 of title 10, United 
States Code, is amended by inserting "or security-guard" after 
"firefighting". 
03) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) Subsection G)) of such section is amended by striking out 
"the function" and inserting in lieu thereof "a function". 
(2) The heading for such section is amended to read as follows: 
"§ 2693. Prohibition on contracts for performance of HreHghting 
or security-guard functions". 
(3) The item relating to section 2693 in the table of sections at 
the beginning of chapter 159 of such title is amended to read as 
follows: 
"2693. Prohibition on contracts for performance of firefighting or security-guard 
functions.". 
PART C—SECURITY AND COUNTERINTELUGENCE MATTERS 
SEC. 1121. COUNTERINTELLIGENCE POLYGRAPH PROGRAM 
10 USC 113 note. 
(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may 
carry out a program for the administration of counterintelligence 
polygraph examinations to persons described in subsection (b). The 
program shall be based on Department of Defense Directive 5210.48, 
dated December 24,1984. 
Ot)) PERSONS COVERED.—Except as provided in subsection (d), the 
Classified 
following persons whose duties involve access to information that 
information. 
has been classified at the level of top secret or designated as being 
within a special access program under section 4.2(a) of Executive 
Order 12356 (or a successor Executive order) are subject to this 
section: 
(1) Military and civilian personnel of the Department of 
Defense. 
(2) Personnel of defense contractors. 
(c) LIMITATION ON NUMBER OF EXAMINATIONS.—The number of 
counterintelligence polygraph examinations that may be adminis-
tered under this section— 
(1) may not exceed 10,000 during each of fiscal years 1988, 
1989, and 1990; and 
(2) may not exceed 5,000 during any fiscal year after fiscal 
year 1990 for which a specific number is not otherwise provided 
by law. 
(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN INTELLIGENCE AGEN-
CIES AND FUNCTIONS.—This section does not apply— 
(1) to a person assigned or detailed to the Central Intelligence 
Agency or to an expert or consultant under a contract with the 
Central Intelligence Agency; 
(2) to (A) a person employed by or assigned or detailed to the 
National Security Agency, (B) an expert or consultant under 
contract to the National Security Agency, (C) an employee of a 
contractor of the National Security Agency, or (D) a person 
applying for a position in the National Security Agency; 
(3) to a person assigned to a space where sensitive cryp-
tographic information is produced, processed, or stored; or 
91-194 O - 90 - 6 ; QL.3 Part 2 
101 STAT. 1148 
PUBLIC LAW 100-180—DEC. 4, 1987 
(4) to a person employed by, or assigned or detailed to, an 
office within the Department of Defense for the collection of 
I 
specialized national foreign intelligence through reconnaissance 
programs or a contractor of such an office. 
(e) POLYGRAPH RESEARCH PROGRAM.—The Secretary of Defense 
shall carry out a continuing research program to support the poly-
graph activities of the Department of Defense. The program shall 
include— 
(1) an on-going evaluation of the validity of polygraph tech-
niques used by the Department; 
5
^ 
(2) research on polygraph countermeasures and anti-counter-
measures; and 
i 
(3) 
developmental 
research 
on 
polygraph 
techniques, 
instrumentation, and analytic methods. 
(f) ANNUAL REPORT ON POLYGRAPH PROGRAMS.—(1) Not later than 
January 15 of each year, the Secretary of Defense shall submit to 
Congress a report on polygraph examinations administered by or for 
the Department of Defense during the previous fiscal year (whether 
administered under this section or any other authority). 
(2) Each such report shall include the following with regard to the 
. , - . ;
< f, 
program authorized by subsection (a): 
(A) A statement of the number of polygraph examinations 
administered by or for the Department of Defense during such 
;" fiscal year. 
(B) A description of the purposes and results of such examina-
tions. 
(C) A description of the criteria used for selecting programs 
and persons for such examination. 
(D) A statement of the number of persons who refused to 
': 
submit to such an examination and a description of the actions 
/ 
taken as a result of the refusals. 
(E) A statement of the number of persons for which such an 
1
^ 
examination indicated deception and the action taken as a 
result of the examinations. 
(F) A detailed accounting of those cases in which more than 
>,- 
two such examinations were needed to attempt to resolve 
discrepancies and those cases in which the examination of a 
person extended over more than one day. 
(3) Each such report shall also include the following: 
' 
(A) A description of any plans to expand the use of polygraph 
I r. 
examinations in the Department of Defense. 
il 
(B) A discussion of any plans of the Secretary for recruiting 
and training additional polygraph operators together with 
.V 
statistical data on the employment turnover of Department of 
Defense polygraph operators. 
vj; 
(C) A description of the results during the preceding fiscal 
3f 
year of the research program under subsection (e). 
(D) A statement of the number of polygraph examinations 
administered to persons described in subsection (d) (which 
number may be set forth in a classified annex to the report). 
(g) REPEAL.—Section 
1221 of the Department 
of 
Defense 
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 726), is 
10 use 133 note, repealed. 
(h) EFFECTIVE DATE.—This section shall take effect as of October 1, 
1987. 
...,,.u • -.- 
•: 
-
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1149 
SEC. 1122. ASSESSMENT OF SOVIET ELECTRONIC ESPIONAGE CAPABIL-
ITY FROM MOUNT ALTO EMBASSY SITE 
(a) REVIEW AND ASSESSMENT.—The Secretary of Defense shall 
review and assess the present and potential capabilities of the 
Government of the Soviet Union to intercept United States commu-
nications involving diplomatic, military, and intelligence matters 
from facilities on Mount Alto in the District of Columbia. The 
Secretary shall submit to Congress a report on such review and 
assessment not later than 90 days after the date of the enactment of 
this Act. 
(b) DETERMINATION OF CONSISTENCY WITH NATIONAL SECURITY.— 
The report required by subsection (a) shall include a determination 
by the Secretary of Defense as to whether or not the present and 
proposed occupation of facilities on Mount Alto by the Government 
of the Soviet Union is consistent with the national security of the 
United States. 
(c) CLASSIFICATION OF REPORT.—The report required by subsection 
(a) shall be submitted in both a clsissij^ed and unclassified form, 
except that the determination required by subsection QD) shall be 
submitted in an unclassified form. 
(d) LIMITATION ON DELEGATION.—The Secretary of Defense may 
not delegate the duty to make the determination required by subsec-
tion (b). 
SEC. 1123. DISSEMINATION OF UNCLASSIFIED INFORMATION CONCERN-
ING 
PHYSICAL 
PROTECTION 
OF SPECIAL 
NUCLEAR 
MATERIAL 
(a) IN GENERAL.—Chapter 3 of title 10, United States Code, is 
amended by inserting after section 127 the following new section: 
"§ 128. Physical protection of special nuclear material: limitation 
on dissemination of unclassified information 
"(aXD In addition to any other authority or requirement regard-
ing protection from dissemination of information, and subject to 
section 5520t)X3) of title 5, the Secretary of Defense, with respect to 
special nuclear materials, shall prescribe such regulations, after 
notice and opportunity for public comment thereon, or issue such 
orders as may be necessary to prohibit the unauthorized dissemina-
tion of unclassified information pertaining to security measures, 
including security plans, procedures, and equipment for the physical 
protection of special nuclear material. 
"(2) The Secretary may prescribe regulations or issue orders under 
paragraph (1) to prohibit the dissemination of any information 
described in such paragraph only if and to the extent that the 
Secretary determines that the unauthorized dissemination of such 
information could reasonably be expected to have a significant 
adverse effect on the health and safety of the public or the common 
defense and security by significantly increasing the likelihood of— 
"<A) illegal production of nuclear weapons, or 
"(B) theft, diversion, or sabotage of special nuclear materials, 
equipment, or facilities. 
"(3) In making a determination under paragraph (2), the Secretary 
may consider what the likelihood of an illegal production, theft, 
diversion, or sabotage referred to in such paragraph would be if the 
information proposed to be prohibited from dissemination under 
this section were at no time available for dissemination. 
District of 
Columbia. 
Communications 
and tele-
communications. 
Reports. 
10 use 128. 
Regulations. 
Regulations. 
Safety. 
101 STAT. 1150 
PUBLIC LAW 100-180—DEC. 4, 1987 
Reports. 
"(4) The Secretary shall exercise his authority under this subsec-
tion to prohibit the dissemination of any information described in 
paragraph (1)— 
"(A) so as to apply the minimum restrictions needed to pro-
tect the health and safety of the public or the common defense 
and security; and 
"(B) upon a determination that the unauthorized dissemina-
tion of such information could reasonably be expected to result 
u 
in a significant adverse effect on the health and safety of the 
public or the common defense and security by significantly 
-
^ increasing the likelihood of— 
t, 
"(i) illegal production of nuclear weapons, or 
o 
"(ii) theft, diversion, or sabotage of nuclear materials, 
equipment, or facilities. 
"(b) Nothing in this section shall be construed to authorize the 
Secretary to withhold, or to authorize the withholding of, informa-
tion from the appropriate committees of the Congress. 
"(c) Any determination by the Secretary concerning the ap-
plicability of this section shall be subject to judicial review pursuant 
to section 552(a)(4)(B) of title 5. 
"(d) The Secretary shall prepare on a quarterly basis a report to 
be made available upon the request of any interested person, detail-
ing the Secretary's application during that period of each regulation 
or order prescribed or issued under this section. In particular, such 
report shall— 
"(1) identify any information protected from disclosure pursu-
ant to such regulation or order; 
^,i 
"(2) specifically state the Secretary's justification for deter-
;/J mining that unauthorized dissemination of the information pro-
tected from disclosure under such regulation or order could 
nly&J or c* reasonably be expected to have a significant adverse effect on 
the health and safety of the public or the common defense and 
security by significantly increasing the likelihood of illegal 
production of nuclear weapons or the theft, diversion, or sabo-
tage of special nuclear materials, equipment, or facilities, as 
specified under subsection (a); and 
"(3) provide justification that the Secretary has applied such 
regulation or order so as to protect from disclosure only the 
minimum amount of information necessary to protect the 
health and safety of the public or the common defense and 
security.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 127 the following new item: 
"128. Physical protection of special nuclear material: limitation on dissemination of 
unclassified information.". 
•Hnt^i JiilA?^ "^' 
PART D—SPECIAL ACCESS PROGRAMS 
Research and 
development. 
SEC. 1131. SENSE OF CONGRESS WITH RESPECT TO DISCLOSURE OF CER-
TAIN BUDGET AND SCHEDULE INFORMATION ABOUT SPECI-
FIED SPECIAL ACCESS PROGRAMS 
It is the sense of Congress that— 
(1) the Advanced Technology Bomber program, the Advanced 
Cruise Missile program, and the Advanced Tactical Aircraft 
program involve the development and production of new ad-
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1151 
Classified 
information. 
Public 
information. 
vanced technologies that are critical to United States national 
security; 
(2) it is appropriate and necessary that certain information 
involving the technological characteristics and performance of 
the systems referred to in paragraph (1) remain appropriately 
classified in conjunction with the national security interest; and 
(3) it would be consistent with the public interest and would 
not jeopardize the national security for the Secretary of Defense 
to disclose, in a nonclassified form, information about each of 
the systems referred to in paragraph (1) with respect to total 
program cost, the amount of the annual program budget 
request, and a general description of program schedule. 
SEC. 1132. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS 
Reports. 
(a) SUBMISSION OF CERTAIN BUDGET INFORMATION TO CONGRESS.— 
(1) Chapter 2 of title 10, United States Code, is amended by adding at 
the end the following new section: 
"§ 119. Special access programs: congressional oversight 
10 use 119. 
"(aXD Not later than February 1 of each year, the Secretary of 
Defense shall submit to the defense committees a report on special 
access programs. 
"(2) Each such report shall set forth— 
"(A) the total amount requested for special access programs of 
the Department of Defense in the President's budget for the 
next fiscal year submitted under section 1105 of title 31; and 
"(B) for each program in that budget that is a special access 
program— 
"(i) a brief description of the program; 
"(ii) a brief discussion of the major milestones established 
for the program; 
"(iii) the actual cost of the program for each fiscal year 
during which the program has been conducted before the 
fiscal year during which that budget is submitted; and 
"(iv) the estimated total cost of the program and the 
estimated cost of the program for (I) the current fiscal year, 
(II) the fiscal year for which the budget is submitted, and 
(III) each of the four succeeding fiscal years during which 
the program is expected to be conducted. 
"(3) In the case of a report under paragraph (1) submitted in a 
year during which the President's budget for the next fiscal year, 
because of multiyear budgeting for the Department of Defense, does 
not include a full budget request for the Department of Defense, the 
report required by paragraph (1) shall set forth— 
"(A) the total amount already appropriated for the next fiscal 
' ' * 
year for special access programs of the Department of Defense 
and any additional amount requested in that budget for such 
programs for such fiscal year; and 
"(B) for each program of the Department of Defense that is a 
special access program, the information specified in paragraph 
(2XB). 
"(bXD Not later than February 1 of each year, the Secretary of 
Defense shall submit to the defense committees a report that, with 
respect to each new special access program, provides— 
i :>£u' oi 
"(A) notice of the designation of the program as a special 
access program; and 
"(B) justification for such designation. 
101 STAT. 1152 
PUBLIC LAW 100-180—DEC. 4, 1987 
"(2) A report under paragraph (1) with respect to a program shall 
include— 
"(A) the current estimate of the total program cost for the 
program; and 
"(B) an identification of existing programs or technologies 
that are similar to the technology, or that have a mission 
similar to the mission, of the program that is the subject of the 
' 
notice. 
"(3) In this subsection, the term 'new special access program' 
means a special access program that has not previously been cov-
ered in a notice and justification under this subsection. 
"(c) Whenever a change is made in the status of a program of the 
Department of Defense as a special access program, the Secretary of 
Defense shall submit to the defense committees a report describing 
the change. Any such report shall be submitted not later than 30 
days after the date on which the change takes effect. 
"(d) Whenever there is a modification or termination of the policy 
xn }?" 
and criteria used for designating a program of the Department of 
Defense as a special access program, the Secretary of Defense shall 
promptly notify the defense committees of such modification or 
termination. Any such notification shall contain the reasons for the 
modification or termination and, in the case of a modification, the 
provisions of the policy as modified. 
"(eXD The Secretary of Defense may waive any requirement 
under subsection (a), (b), or (c) that certain information be included 
in a report under that subsection if the Secretary determines that 
inclusion of that information in the report would adversely affect 
the national security. Any such waiver shall be made on a case-by-
case basis. 
"(2) If the Secretary exercises the authority provided under para-
graph (1), the Secretary shall provide the information described in 
that subsection with respect to the special access program con-
cerned, and the justification for the waiver, jointly to the chairman 
and ranking minority member of each of the defense committees. 
"(f) In this section, the term 'defense committees' means— 
"(1) the Committees on Armed Services of the Senate and 
. . House of Representatives; and 
"(2) the Defense Subcommittees of the Committees on Appro-
priations of the Senate and House of Representatives.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"119. Special access programs: congressional oversight.". 
10 use 119 note. 
(b) FIVE-YEAR REFERENCE AMOUNTS.—The first report under 
subsection (a) of section 119 of title 10, United States Code (as added 
by subsection (a)), shall set forth— 
(1) the total amount requested in the President's budget for 
each of the five previous fiscal years for special access programs 
of the Department of Defense that were included in the budget; 
and 
* - 
(2) the total amount appropriated for each such year for such 
programs. 
10 u s e 119 note. 
(c) INITIAL REPORT ON SPECIAL ACCESS PROGRAM DESIGNATIONS.— 
The first report under subsection (b) of section 119 of title 10, United 
States Code (as added by subsection (a)), shall cover each existing 
special access program. 
u u i ; . 
K- 
.r.rtn 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1153 
SEC. 1133. REPORTS ON CRITERIA FOR DESIGNATING SPECIAL ACCESS 
PROGRAMS 
(a) DOD REPORT.—Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
defense committees a report on the management of special access 
programs, including the policy and criteria used for designating a 
program of the Department of Defense as a special access program. 
(b) GAO REPORT.—The Comptroller Gener^ of the United States 
shall study the criteria used by the Secretary of Defense in deter-
mining whether to designate a program as a special access program, 
as set forth in the report under subsection (a), and shall submit to 
the defense committees a report on the results of that study not 
later than April 1,1988. 
(c) DEFINITION.—In this section, the term "defense committees" 
has the meaning given that term in section 119(f) of title 10, United 
States Code (as added by section 1132(a)). 
TITLE XII—GENERAL PROVISIONS 
PART A—FINANCIAL AND BUDGET MATTERS 
SEC. 1201. TRANSFER AUTHORITY 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in title 
I, II, or III for any fiscal year between any such authorizations for 
that fiscal year (or any subdivisions thereof). Amounts of authoriza-
tions so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) The total amount of authorizations for any fiscal year that the 
Secretary of Defense may transfer under the authority of this 
section may not exceed $2,000,000,000. 
(b) LIMITATIONS.—The authority provided by this section to trans-
fer authorizations— 
(1) may only be used to provide authority for items that have 
a higher priority than the items from which authority is trans-
ferred; and 
fy 
(2) may not be used to provide authority for an item that has 
been denied authorization by (Dongress. 
(c) EFFECT ON OBLIGATION LIMITATIONS.—A transfer made under 
the authority of this section increases by the amount of the transfer 
the obligation limitation provided on the account (or other amount) 
to which the transfer is made. 
(d) NOTICE TO CONGRESS.—The Secretary of Defense shall 
promptly notify Congress of transfers made under the authority of 
this section. 
SEC. 1202. LIMITATION ON AVAILABILITY OF FUNDS 
Section 2202 of title 10, United States Code, is amended— 
(1) by inserting "(a)" before "Notwithstanding"; and 
(2) by adding at the end the following: 
"(b) Except as otherwise provided by law, the availability for 
.r^aioci ,
> 
obligation of funds appropriated for any program, project, or activity 
of the Department of Defense expires at the end of the three-year 
period b a n n i n g on the date that such funds initially become 
101 STAT. 1154 
PUBLIC LAW 100-180—DEC. 4, 1987 
available for obligation unless before the end of such period the 
Secretary of Defense enters into a contract for such program, 
project, or activity.". 
SEC. 1203. REQUIREMENT FOR CONSISTENCY IN THE BUDGET PRESEN-
TATIONS OF THE DEPARTMENT OF DEFENSE 
Section 114 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
"(f) The amounts of the estimated expenditures and proposed 
appropriations necessary to support programs, projects, and activi-
ties of the Department of Defense included pursuant to paragraph 
(5) of section 1105(a) of title 31 in the budget submitted to Congress 
by the President under such section for any fiscal year or years and 
the amounts specified in all program and budget information 
submitted to Congress by the Department of Defense in support of 
such estimates and proposed appropriations shall be mutually 
consistent unless, in the case of each inconsistency, there is included 
detailed reasons for the inconsistency. 
"(g) The Secretary of Defense shall submit to Congress not later 
than April 1 of each year, the five-year defense program (including 
Eissociated annexes) used by the Secretary in formulating the esti-
mated expenditures and proposed appropriations included in such 
budget to support programs, projects, and activities of the Depart-
ment of Defense.". 
^i 
PART B—FORCE STRUCTURE AND POLICY 
'^ 
SEC. 1211. IMPLEMENTATION OF SPECIAL OPERATIONS FORCES REORGA-
NIZATION 
(a) ASSISTANT SECRETARY OF DEFENSE.—(1) Section 136(b)(4) of title 
10, United States Code, is amended by adding at the end the 
following new sentence: "The Assistant Secretary is the principal 
civilian adviser to the Secretary of Defense on special operations 
and low intensity conflict matters and (after the Secretary and 
Deputy Secretary) is the principal special operations and low inten-
sity conflict official within the senior management of the Depart-
ment of Defense.". 
10 use 136 note. 
(2) The Secretary of Defense shall publish a directive setting forth 
the charter of the Assistant Secretary of Defense for Special Oper-
ations and Low Intensity Conflict not later than 30 days after the 
date of the enactment of this Act. The directive shall set forth— 
(A) the duties and responsibilities of the Assistant Secretary; 
^ 
(B) the relationships between the Assistant Secretary and 
other Department of Defense officials; 
;1 
(C) any delegation of authority from the Secretary of Defense 
*
^ 
to the Assistant Secretary; and 
(D) such other matters as the Secretary considers appropriate. 
(3) On the date that such directive is published, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
(A) a copy of the directive; and 
Reports. 
,,,. 
(B) a report explaining how the charter of the Assistant 
Secretary fulfills the provisions of section 136(b)(4) of title 10, 
United States Code (as amended by paragraph (1)), that provide 
,. 
that the Assistant Secretary— 
,, 
.j ;r^ x;fj. ,, .^j;, 
nc ^ci 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1155 
(i) exercises overall supervision of special operations 
activities and low intensity conflict activities of the Depart-
ment of Defense; 
(ii) is the principal civilian adviser to the Secretary of 
Defense on special operations and low intensity conflict 
matters; and 
(iii) is the principal special operations and low intensity 
conflict official (after the Secretary and Deputy Secretary) 
within the senior management of the Department of 
Defense. 
(4)(A) Until the office of Assistant Secretary of Defense for Special 
Operations and Low Intensity Conflict is filled for the first time by a 
person appointed from civilian life by the President, by and with the 
advice and consent of the Senate, the Secretary of the Army shall 
carry out the duties and responsibilities of that office. 
(B) Throughout the period of time during which the Secretary of Reports, 
the Army is carrjdng out the duties and responsibilities of that 
office, he shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a monthly report on the 
administrative actions that he has taken and the policy guidance 
that he has issued to carry out such duties £ind responsibilities. Each 
such report shall also describe the actions that he intends to take 
^
^ ' '^^ 
and the guidance that he intends to issue to fulfill the provisions of 
section 136(b)(4) of title 10, United States Code (as amended by 
paragraph (1)), along with a timetable for completion of such actions 
and issuance of such guidance. The first such report shall be submit-
ted not later th£in 30 days after the date of the enactment of this 
Act. 
(5) Until the first individual appointed to the position of Assistant 
Secretary of Defense for Special Operations and Low Intensity 
Conflict by the President, by and with the advice and consent of the 
Senate, leaves that office, that Assistant Secretary (and the Sec-
retary of the Army when carrjring out the duties and responsibilities 
«
+ « jrf 
of the Assistant Secretary) shall, with respect to the duties and 
~" v * 
responsibilities of that office, report directly, without intervening 
review or approval, to the Siecretary of Defense personally or, as 
&joq<j? 
designated by the Secretary, to the Deputy Secretary of Defense 
personally. 
(b) RESOURCES FOR CINCSOF.—The Secretary of Defense shall 
lo use 167 note. 
provide sufficient resources for the commander of the unified 
combatant command for special operations forces established pursu-
ant to section 167 of title 10, United States Code, to carry out his 
duties and responsibilities, including particularly his duties and 
responsibilities relating to the following functions: 
(1) Developing and acquiring special operations-peculiar 
equipment and acquiring special operations-peculiar material, 
supplies, and services. 
(2) Providing advice and assistance to the Assistant Secretary 
of Defense for Special Operations and Low Intensity Conflict in 
the Assistant Secretary's overall supervision of the preparation 
and justification of the program recommendations and budget 
proposals for special operations forces. 
(3) Managing assigned resources from the major force pro-
gram category for special operations forces of the Five-Year 
Defense Plan of the Department of Defense (as required to be 
created pursuant to subsection (e)). 
101 STAT. 1156 
PUBLIC LAW 100-180—DEC. 4, 1987 
10 use 167 note. 
Reports. 
Reports. 
(c) PERSONNEL ASSIGNED TO COMBATANT COMMAND STAFF.—(1) On 
September 30, 1988, the total number of members of the Armed 
Forces and civilian employees of the Department of Defense as-
signed or detailed to permanent duty on the staff of the unified 
combatant command for special operations forces may not be less 
than 450. 
(2) Of the personnel assigned or detailed pursuant to paragraph 
(1), the number of civilian employees shall be 111 unless otherwise 
directed by the commander of the command or the Secretary of 
Defense. 
(d) ACQUISITION AUTHORITY.—Subsection (e) of section 167 of title 
10, United States Code, is amended by adding at the end the 
following new paragraph: 
"(3) Subject to the authority, direction, and control of the Sec-
retary of Defense, the commander of the command, in carrying out 
his functions under paragraph (IXG), shall have authority to exer-
cise the functions of the head of an agency under chapter 137 of this 
title. The staff of the commander shall include an inspector general 
who shall conduct internal audits and inspections of purchasing and 
contracting actions through the special operations command and 
such other inspector general functions as may be assigned.". 
(e) RESOURCES AND PROGRAMMING.—(1) The major force program 
category for special operations forces of the Five-Year Defense Plan 
of the Department of Defense, to be created pursuant to section 
1311(c) of the National Defense Authorization Act for Fiscal Year 
1987 (Public Law 99-661), shall be created not later than 30 days 
after the date of the enactment of this Act. 
(2) On the date that such major force program category is created, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
(A) a certification that all program recommendations and 
budget proposals for special operations forces are included in 
such category; and 
(B) a report explaining the program recommendations and 
budget proposals that have been included in such category. 
SEC. 1212. CONVENTIONAL DEFENSE ADVISORY BOARD 
(a) CONVENTIONAL DEFENSE ADVISORY BOARD.—(1) The Secretary 
of Defense shall appoint within the Department of Defense a 
Conventional Defense Advisory Board for the purpose of reviewing 
the report of the Conventional Defense Study Group submitted to 
the Secretary under subsection (b). The advisory board shall submit 
to the Secretary of Defense a report on such review, including any 
recommendations for the implementation of the report of the study 
group, not later than 75 days after the date on which that report is 
received by the Secretary. 
(2) Not later than 90 days after the date on which the report of the 
study group is received by the Secretary, the Secretary shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a copy of the report of the advisory board under 
paragraph (1), together with anv comments the Secretary has on 
such report. The report of the advisory board shall be submitted to 
the committees in exactly the same form and with the same content 
as submitted to the Secretary under parsigraph (1). 
(b) CONVENTIONAL DEFENSE STUDY GROUP.—The Comptroller Gen-
eral of the United States shedl convene and chair a Conventional 
Defense Study Group composed of representatives of the Library of 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1157 
Congress, the Office of Technology Assessment, and the Congres-
sional Budget Office. The study group shall assess the balance of 
conventional forces in Europe between forces of the North Atlantic 
Treaty Organization and forces of the Warsaw Pact and shall submit 
a report on such assessment to the Secretary of Defense and the 
Committees on Armed Services of the Senate and House of Rep-
resentatives. The report shall be submitted not later than April 15, 
1988, and shall provide— 
(1) the study group's assessment of that balance of forces; and 
(2) recommendations for improving that balance so as to 
provide for a more adequate conventional defense for NATO. 
SEC. 1213. REPORT ON COMPETITIVE STRATEGIES 
(a) IN GENERAL.—The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on Competitive Strategies. Such report 
shall be provided in classified and unclassified versions and shall 
include the following: 
(1) A discussion of the Competitive Strategy concept. 
(2) An assessment of Soviet and Warsaw Pact weaknesses, 
including military, political, and systemic weaknesses that 
could be candidates for exploitation through competitive 
strategies. 
(3) A discussion of the initial areas selected for examination in 
the Competitive Strategy initiative, including a discussion of the 
rationale for the areas selected. 
(4) A discussion of the initial findings resulting from the 
Competitive Strategy process. 
(b) DEADLINE FOR REPORT.—The report described in subsection (a) 
shall be submitted not later than January 15,1988. 
SEC. 1214. PUBLICATION OF ANNUAL UNITED STATES-SOVIET NET 
ASSESSMENT 
Section 113 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
"(j) The Secretary of Defense shall transmit to Congress each year 
a report that contains a comprehensive net assessment of the de-
fense capabilities and programs of the armed forces of the United 
States and its allies as compared with those of their potential 
adversaries. Each such report shall be transmitted in both a classi-
fied and an unclassified form.". 
PART C—MISCELLANEOUS REPORTS 
Union of Soviet 
Socialist 
Republics. 
SEC. 
1
2
2
1
. 
STUDY 
OF 
SPACE 
OPERATIONS 
CENTER, 
COLORADO 
(a) IN GENERAL.—The Secretary of Defense shall carry out a study 
of the requirements necessary to establish and conduct a centralized 
manned and unmanned military space operation which would be 
part of the Consolidated Space Operations Center near Colorado 
Springs, Colorado. 
Ot)) REPORT.—Within 60 days after the date of the enactment of 
this Act, the Secretary shall transmit to the Committee on Armed 
Services of the Senate and House of Representatives a report 
containing the findings and conclusions of the study carried out 
under subsection (a). 
Reports. 
101 STAT. 1158 
PUBLIC LAW 100-180—DEC. 4, 1987 
Energy. 
3 V 
International 
agreements. 
U.S.S. George 
Washington. 
U.S.S. Abraham 
Lincoln. 
SEC. 1222. REPORT ON CONTINGENCY PLANS TO DEAL WITH DISRUP-
TIONS IN PERSIAN GULF CRUDE OIL SUPPLY 
(a) REPORT REQUIREMENT.—(1) Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense and the 
Secretary of Energy shall submit to Congress a joint report on 
contingency plans of the Department of Defense and the Depart-
ment of Energy for dealing with significant disruptions in the 
supply to the United States of crude oil produced by the nations of 
the Persian Gulf region. The report shall be prepared with the 
Eissistance of the Secretary of State. 
(2) If the Secretary of Defense and the Secretary of Energy find it 
necessary to classify the report (or any portion of the report), a 
nonclassified version containing all energy policy recommendations 
made by the two Secretaries shall be transmitted with the report. 
(b) MATTERS TO BE STUDIED.—In preparing the report required by 
this sectioii, and any periodic update to that report, the Secretaries 
shall— 
(1) ascertain the extent to which the Armed Forces of the 
United States, the civilian economy of the United States, and 
the nations of the free world (with specific reference to the 
NATO allies and to other strategic allies of the United States) 
currently depend on crude oil produced in the Persian Gulf 
region; 
(2) prepare a range of estimates on the types of disruptions 
that could occur in the supply of crude oil from the Persian Gulf 
region and the effect of each such disruption (including dur? 
.J,.; tion) on reduced availability of crude oil supply from the oi 
producing nations of the Persian Gulf; 
.p5 
(3) develop a range of plans for dealing with supply disrup-
tions and shortages of crude oil from the Persian Gulf region, 
including— 
1. '. > 
(A) the role and use of existing domestic crude oil produc-
tion, other non-Persian Gulf sources of the world supply of 
,.,. jsa p crude oil, and the Strategic Petroleum Reserve; and 
•
^ ^ ' 
(g) |.jjg ygg Qf ^jjy emergency power or authority provided 
for by existing law; and 
(4) identify and review any bilateral or multilateral agree-
ment (including the International Energy Agreement) which 
commits or obligates the United States to furnish crude oil or 
petroleum products to other nations. 
(c) RECOMMENDATIONS.—The report under subsection (a) shall set 
forth the policy and legislative recommendations of the Secretaries 
for improving the ability of the United States to respond effectively 
to problems created by significant disruptions in the production, 
transportation, and supply of crude oil in the Persian Gulf region. 
(d) COST ESTIMATES.—The report under subsection (a) shall include 
estimates of the total annual and per barrel cost of Persian Gulf 
crude oil to the world economy and to the United States economy. 
SEC. 1223. STUDY OF EARLY DECOMMISSIONING OF TWO AIRCRAFT 
CARRIERS 
(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall 
conduct a comprehensive study comparing— 
(1) the current plan of the Department of Defense under 
which one existing aircraft carrier would be decommissioned 
when the U.S.S. George Washington (CVN73) is commissioned 
in fiscal year 1992 and a second existing aircraft carrier would 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1159 
be decommissioned when the next aircraft carrier (CVN74) is 
commissioned in fiscal year 1997, with 
(2) an alternative plan under which one existing aircraft 
carrier would be decommissioned and one existing Navy air 
wing would be deactivated when the aircrsift carrier U.S.S. 
Abraham Lincoln (CVN72) is commissioned in fiscal year 1990 
and a second existing aircraft carrier would be decommissioned 
when the aircraft carrier U.S.S. George Washington (CVN73) is 
commissioned in fiscal year 1992. 
(b) MATTERS TO BE INCLUDED.—In conducting the study under 
subsection (a), the Secretary of Defense shall determine the implica-
tions of adopting the alternative plan described in subsection (aX2) 
for aircraft carrier retirements, as compared to the implications of 
the current plan described in subsection (aXD, with respect to each 
of the following: 
(1) Total direct and indirect costs in outlays and in budget 
authority (stated in constant fiscal year 1988 dollars) through 
fiscal year 1997. 
(2) Requirements of the Navy for naval aircraft through fiscal 
year 1997 (assuming that the aircraft from the deactivated 
naval air wing are reassigned in the active force). 
(3) Requirements of the Navy for active-duty and Reserve 
personnel (stated in terms of fiscal year end strengths) through 
fiscal year 1997. 
(4) Requirements for naval surface ship combatants and sup-
port ships through fiscal year 1997. 
(5) The cost and feasibility of making available to the active 
fleet for operation during a time of national emergency— 
(A) an aircraft carrier that is in the Service Life Exten-
sion Program (SLEP); and 
(B) an aircraft carrier that has been decommissioned but 
is still under the jurisdiction of the Navy. 
(c) PEACETIME DEPLOYMENT COMMITMENTS.—(1) The Secretary of 
Defense shall direct the Chairman of the Joint Chiefs of Stan to 
assess the implications that accelerated aircraft carrier retirements 
in accordance with the alternative plan described in subsection (aX2) 
would have on the ability of the United States to meet both peace-
time aircraft carrier deployment commitments cmd the wartime 
requirements for aircraft carriers set forth by the commanders of 
the unified combatant commands and to report to the Secretary the 
results of that assessment. 
(2) Insofar as the report required by paragraph (1) notes a defi-
ciency between peacetime aircraft carrier deployment requirements 
and the number of deployable aircraft carriers, the report shall also 
include an assessment regarding— 
(A) how aircraft carrier deployment strategies could be 
adjusted or changed to cover commitments while maintaining 
an equitable distant deployment rotation for personnel ana 
equipment considerations; 
(B) what alternative combinations of ships and aircraft might 
be deployed to substitute for an aircraft carrier, either perma-
nently or temporarily, in all situations in which aircraft car-
riers are currently deployed; and 
(C) what specisd considerations will accompany the eventual 
removal of the U.S.S. Midway from her homeport in Japan. 
(d) REPORT.—The Secretary shsul submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
Reports. 
U.S.S. Midway. 
Japan. 
101 STAT. 1160 
PUBLIC LAW 100-180—DEC. 4, 1987 
containing the results of the study conducted by the Secretary under 
subsection (a) and a copy of the report submitted to the Secretary 
under subsection (c). The Secretary's report shall include such com-
ments and recommendations as the Secretary considers appropriate 
and shall be submitted not later than 30 days after the date of the 
enactment of this Act. 
PART D—TECHNICAL AND CLERICAL AMENDMENTS 
SEC. 1231. AMENDMENTS TO TITLE 10, UNITED STATES CODE 
Title 10, United States Code, is amended as follows: 
(1) Section 101(14) is amended by inserting "a" after "means". 
(2) Section 179 is amended by realigning subsection (e) so as to 
appear flush to the left margin. 
(3) The table of sections at the beginning of chapter 21 is 
amended by striking out the item relating to section 423 and 
inserting in lieu thereof the following: 
"423. Authority to use proceeds from counterintelligence operations of the military 
departments.". 
(4) The table of sections at the beginning of chapter 39 is 
amended by transferring the item relating to section 686 from 
the end of such table to appear immediately below the item 
relating to section 685. 
(5) Section 1102(cX2) is amended by striking out ", United 
States Code" in the second sentence. 
(6) Section 2321 is amended— 
(A) in subsection (dX4XA), by striking out "paragraph" 
-* 
and inserting in lieu thereof "subsection ; and 
(B) in subsection (i), by inserting "or subcontractor" after 
^»'-' 
"contractor". 
(7) Section 2322(b) is amended by inserting a period at the 
end. 
(8) Section 2327(d) is amended by inserting "(1)" after 
"APPUCABIUTY.—". 
(9) The heading of section 2342 is amended by inserting a 
hyphen between the first and second words. 
(lOXA) Section 2364 is amended by striking out "milestone O, 
I, and II decisions" in subsection 0JX5) and inserting in lieu 
thereof "milestone O, milestone I, and milestone II decisions". 
.^ 
(B) The heading of such section is amended by revising the 
a3io<j&!. 
fifth 
word so that the first letter is lower case. 
(C) The item relating to that section in the table of sections at 
the beginning of chapter 139 is amended to conform to the 
amendment made by subparagraph (B). 
(11) Section 2366(eXlXB) is amended by striking out "section 
2303(5)" and inserting in lieu thereof "section 2302(5)". 
(12) The item relating to section 2367 in the table of sections 
at the beginning of chapter 139 is amended so that the initial 
letter of the third word is lower case. 
(13) Section 2406(fK2XA) is amended by inserting "section" 
after "is defined in". 
, .. ._. 
(14) Section 2436(cX5) is amended by inserting "law," after 
''* ' <
^ ',..! 
"auditing,". 
(15) Section 2801(cX3) is amended by striking out "defense 
agencies" and inserting in lieu thereof "Defense Agencies". 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1161 
(16) Section 3723 is amended by striking out the comma after 
* 
'disease'' 
(17) Sections 801, 1447, 2005(e), 2101, 2147(d), 2393(c), 2687(e), 
and 9511 are amended— 
(A) by inserting "The term" in each paragraph (other 
than paragraph (2) of section 801) after the paragraph 
designation; and 
(B) by revising the first word after the first quotation 
marks in each paragraph (other than paragraph (2) of 
section 801, paragraph (1) of section 1447, and paragraphs 
(7) and (11) of section 9511) so that the initial letter of such 
word is lower case. 
(18)(A) Sections 1089(g), 2002(b), 2141(c), 2143(c), and 2145(b) 
are amended by inserting "the term" after "In this section,". 
(B) Section 2356(b) is amended by inserting ", the term" after 
"In this section". 
(19XA) Sections 3251 and 8251 are amended by inserting ", the 
term" after "In this chapter". 
(B) Sections 4801, 8368(a), and 9801 are amended by inserting 
"the term" after "In this chapter,". 
(20) Section 101(20) is amended by striking out " 'Rate" at the 
beginning of the second sentence and inserting in lieu thereof 
"The term 'rate". 
(21) Section 1401a(a) is amended by striking out "pay" after 
"retired pay". 
SEC. 1232. AMENDMENTS TO TITLE 37, UNITED STATES CODE 
Section 303(2) of title 37, United States (3ode, is amended— 
, ,,,^ ,.; 
(1) by striking out the comma at the end of subparagraph (A) 
• .n.v M-, 
and inserting in lieu thereof a semicolon; and 
(2) by striking out ", or" at the end of subparagraph (B) and 
inserting in lieu thereof "; or". 
SEC. 1233. MISCELLANEOUS AMENDMENTS 
(a) AMENDMENTS TO PUBUC LAW 100-26.—Public Law 100-26 is 
amended— 
Ante, p. 278. 
(1) in section 7(bX3XA), by inserting "in subsection (a), before 
10 use 2432. 
"by"; 
(2) in section 7(kXlXC), by inserting "(2)" after "paragraphs lo use loi. 
(1),"; and 
(3) in section 8(dX7), by striking out "Section 406" and insert- 37 use 406. 
ing in lieu thereof "Section 406b". 
O
t
)
) CORRECTION OF AMBIGUOUS REFERENCE.—Section 956(bXl) of lo use 2413. 
the Defense Acquisition Improvement Act of 1986 (as contained in 
title IX of Public Law 99-661 and in title X of section 101(c) of Public 
Laws 99-500 and 99-591) is amended by inserting "the first place it loo Stat. 3954, 
appears" before the semicolon. 
1783-174, 
(c) EFFECTIVE DATES.—The amendments made by subsection (a) lo^usc loi note 
shall apply as if included in the enactment of the Defense Technical lo use 2413 ° 
Corrections Act of 1987 (Public Law 100-26). 
note. 
(2) The amendment made by subsection (b) shall apply as if 
included in the enactment of Public Laws 99-500, 99-591, and 
99-661. 
100 
Stat. 1783, 
3341,3816. 
101 STAT. 1162 
PUBLIC LAW 100-180—DEC. 4, 1987 
m^tn em :•. 
PART E—MISCELLANEOUS MATTERS 
21 u s e 801 note. 
National 
Guard. 
Arizona. 
Utah. 
Missouri. 
Wisconsin. 
SEC. 1241. GAO STUDY OF THE CAPABILITIES OF THE UNITED STATES TO 
CONTROL DRUG SMUGGLING INTO THE UNITED STATES 
(a) STUDY REQUIREMENT.—The Comptroller General of the United 
States shall conduct a comprehensive study regarding smuggling of 
illegal drugs into the United States and the current capabilities of 
the United States to deter such smuggling. In carrying out such 
study, the Comptroller General shall— 
(1) assess the national security implications of the smuggling 
of illegal drugs into the United States; 
(2) assess the magnitude, nature, and operational impact that 
current resource limitations have on the drug smuggling inter-
diction efforts of Federal law enforcement agencies and the 
capability of the Department of Defense to respond to requests 
for assistance from those law enforcement agencies; 
(3) assess the effect on military readiness, the costs that would 
be incurred, the operational effects on military and civilian 
agencies, the potential for improving drug interdiction oper-
ations, and the methods for implementing increased drug law 
enforcement assistance by the Department of Defense under 
section 825 of H.R. 1748 as passed the House of Representatives 
on May 20, 1987, as if such section were enacted into law and 
were to become effective on January 1,1988; 
(4) assess results of a cooperative drug enforcement operation 
between the United States Customs Service and National Guard 
units from the States of Arizona, Utah, Missouri, and Wisconsin 
conducted along the United States-Mexico border beginning on 
August 29, 1987, and include in the assessment information 
relating to the cost of conducting the operation, the personnel 
and equipment used in such operation, the command and 
control relationships in such operation, and the legal issues 
involved in such operation; 
(5) determine whether giving the Armed Forces a more direct, 
active role in drug interdiction activities would enhance the 
morale and readiness of the Armed Forces; 
(6) determine what assets are currently available to and 
under consideration for the Department of Defense, the Depart-
ment of Transportation, the Department of Justice, and the 
Department of the Treasury for the detection of airborne drug 
smugglers; 
(7) assess the current plan of the Customs Service for the 
coordinated use of such assets; 
(8) determine the cost effectiveness and the capability of the 
Customs Service to use effectively the information generated by 
the systems employed by or planned for the Department of 
Defense, the Coast Guard, and the Customs Service, respec-
tively, to detect airborne drug smugglers; 
(9) determine the availability of current and anticipated 
tracking, pursuit, and apprehension resources to use the 
capabilities of such systems; and 
(10) at a minimum, assess the detection capabilities of the 
Over-the-Horizon 
Backscatter 
radar 
(OTH-B), 
ROTHR, 
aerostats, airships, and the E-3A, E-2C, P-3, and P-3 Airborne 
Early Warning aircraft (including any variant of the P-3 Air-
borne Early Warning aircraft). 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1163 
(b) REPORTS.—(1) Not later than April 30, 1988, the Comptroller 
General shall, as provided in paragraph (3), submit a report on the 
results of the study required by subsection (a) with respect to the 
elements of the study specified in paragraphs (1) through (5) of that 
subsection. 
(2) As soon as practicable after the report under paragraph (1) is 
submitted, and not later than March 31, 1989, the Comptroller 
General shall, as provided in paragraph (3), submit a report on the 
results of the study required by subsection (a) with respect to the 
elements of the study specified in paragraphs (6) through (10) of that 
subsection. 
(3) The reports under paragraphs (1) and (2) shall be submitted 
to— 
(A) the Committees on Armed Services, the Judiciary, Foreign 
Relations, and Appropriations of the Senate; 
,,-., 
(B) the Committees on Armed Services, the Judiciary, Foreign 
Affairs, and Appropriations of the House of Representatives; 
(C) the members of the Senate Caucus on International 
Narcotics Control; and 
(D) the Select Committee on Narcotics Abuse and Control of 
the House of Representatives. 
>' '
*
^ 
(4) The reports under this subsection shall be submitted in both 
classified and unclassified forms and shall include such comments 
and recommendations as the Comptroller General considers appro-
priate. 
SEC. 1242. TRANSFER OF FUNDS TO THE COAST GUARD 
Of the amounts appropriated to the Department of Defense for 
fiscal years 1988 and 1989, the Secretary of Defense shall transfer to 
the Secretary of Transportation funds to assist in providing for the 
Law Enforcement Detachment program of the Coast Guard as 
follows: 
(1) $3,000,000 from amounts appropriated for fiscal year 1988. 
(2) $6,000,000 from amounts appropriated for fiscal year 1989. 
SEC. 1243. ANNUAL PLAN ON DEPARTMENT OF DEFENSE ASSISTANCE 
FOR CIVILIAN DRUG LAW ENFORCEMENT 
(a) IN GENERAL.—Chapter 18 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 380. Department of Defense drug law enforcement assistance: lo use 380. 
annual plan 
"(aXD At the same time as the President submits the budget to Reports. 
Congress each year under section 1105(a) of title 31, the Secretary of 
Defense shall submit to Congress a report containing the following: 
"(A) A detailed list of all forms of assistance under this 
chapter that is proposed to be made available by the Depart-
ment of Defense to civilian drug law enforcement and drug 
interdiction agencies (including the United States Customs 
Service, the Coast Guard, the Drug Enforcement Administra- 
"
• 
tion, and the Immigration and Naturalization Service) during 
the fiscal year for which the budget is submitted. 
"(B) A detailed plan for lending equipment and rendering 
other drug interdiction-related assistance included on such list 
during such fiscal year. 
"(2) The list required by paragraph (IXA) shall include a descrip-
tion of the following: 
101 STAT. 1164 
PUBLIC LAW 100-180—DEC. 4, 1987 
Communications 
and tele-
communications. 
Aircraft and 
air carriers. 
Maritime 
affairs. 
Motor vehicles. 
Reports. 
Florida. 
air-to-air detection, inter-
civilian drug interdiction 
maritime detection, inter-
civilian drug interdiction 
"(A) Surveillance equipment suitable for detecting drug smug-
gling activities b^ air, by land, and by sea. 
"(B) Communications equipment, including secure commu-
nications. 
"(C) Support available from the reserve components for 
drug interdiction operations of civilian drug law enforcement 
agencies. 
"(D) Intelligence on the production, processing, and shipment 
of drugs in countries that are the source of illegal drugs in the 
United States and the transshipment of drugs between those 
countries and the United States. 
"(E) Support from the Southern Command and other unified 
and specified commands that is available to assist in drug 
interdiction. 
"(F) Aircraft suitable for use in 
ception, tracking, and seizure by 
agencies. 
"(G) Vessels suitable for use in 
ception, tracking, and seizure by 
agencies. 
"(H) Such land vehicles as may be appropriate for support 
activities relating to drug interdiction operations by civilian 
drug law enforcement agencies. 
"(b) The Secretary of Defense, not earlier than 30 days and not 
later than 45 days after the date on which Congress receives a 
report submitted under subsection (a), shall convene a conference of 
the heads of all Federal law enforcement agencies having jurisdic-
tion over drug law enforcement (including the Customs Service, the 
Coast Guard, and the Drug Enforcement Administration) and of 
the Secretary of State to determine the appropriate distribution of 
the assets, items of support, and other assistance to be made avail-
able by the Department of Defense under this chapter to those 
agencies during the fiscal year for which the report is submitted. 
Not later than 60 days after the date on which such conference 
convenes, the Secretary of Defense and the heads of such agencies 
shall enter into appropriate memoranda of agreement specifying the 
distribution of such assistance. 
"(c) The Comptroller General of the United States shall monitor 
the compliance of the Department of Defense with subsections (a) 
and (b). Not later than 90 days after the date on which a conference 
is convened under subsection (b), the Comptroller General shall 
transmit to Congress a written report conteining the Comptroller 
General's findings regarding the compliance of the Department of 
Defense with such subsections. The report shall include a review of 
the memoranda of agreement entered into under subsection (b).". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following: 
"380. Department of Defense drug law enforcement assistance: annual plan.". 
SEC. 1244. PROVISION 
OF 
COMMAND 
AND 
CONTROL 
DATA 
FROM 
TYNDALL AIR FORCE BASE FOR DRUG INTERDICTION 
ASSISTANCE 
Whenever the Secretery of the Air Force provides assistence to a 
civilian law enforcement agency for drug interdiction purposes as 
authorized by chapter 18 of title 10, United States Code, through the 
provision of command and control data (including voice and digital 
information) from the Sector Operations Control Center at T3ntidall 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1165 
Air Force Base, Florida, to the civilian agency, reimbursement that 
is otherwise required under that chapter shall not be required to the 
extent that such data are provided to a facility of the civilian law 
enforcement agency that is located adjacent to such Sector Oper-
ations Control Center. 
SEC. 1245. ASSISTANT TO THE SECRETARY OF DEFENSE FOR ATOMIC 
ENERGY 
(a) STATUTORY ESTABUSHMENT OF POSITION OF ASSISTANT TO THE 
SECRETARY OF DEFENSE FOR ATOMIC ENERGY.—(1) Chapter 4 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
"§ 141. Assistant to the Secretary of Defense for Atomic Energy 
lo use I4i. 
"(a) There is an Assistant to the Secretary of Defense for Atomic 
Energy, appointed by the President, by and with the advice and 
consent of the Senate. 
"(b) The Assistant to the Secretary shall advise the Secretary of 
^ 
Defense and the Nuclear Weapons Council on nuclear energy and 
nuclear weapons matters.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"141. Assistant to the Secretary of Defense for Atomic Energy ". 
(b) EXCEPTION TO SENATE CONFIRMATION.—The person serving as lo use I4i note. 
Chairman of the Military Liaison Committee, Department of De-
fense, under section 27 of the Atomic Energy Act of 1946 (42 U.S.C. 
2037) on October 16, 1986, may be appointed as the Assistant to the 
Secretary of Defense for Atomic Energy under section 141 of title 10, 
United States Code (as added by subsection (a)), without the advice 
and consent of the Senate. 
(c) AMENDMENT TO TITLE 5, UNITED STATES CODE.—Section 5316 of 
title 5, United States Code, is amended by striking out "Chairman of 
the Military Liaison Committee to the Atomic Energy Commission, 
Department of Defense" and inserting in lieu thereof "Assistant to 
the Secretary of Defense for Atomic Energy, Department of 
Defense". 
SEC. 1246. OIL SHIPMENTS FOR USE BY MILITARY FACILITIES OVERSEAS 
Section 7 of the Export Administration Act of 1979 (50 U.S.C. App. 
2406) is amended by adding at the end the following: 
"(k) OIL EXPORTS FOR USE BY UNITED STATES MIUTARY FACIU-
TiES.—For purposes of subsection (d) of this section, and for purposes 
of any export controls imposed under this Act, shipments of crude 
oil, refined petroleum products, or partially refined petroleum prod-
ucts from the United States for use by the Department of Defense or 
United States-supported installations or facilities shall not be 
considered to be exports.". 
SEC. 1247. PAYMENT OF CLAIM 
Alabama. 
(a) PAYMENT OF CLAIM.—The Secretary of the Treasury shall pay, 
out of any money in the Treasury not otherwise appropriated, the 
sum of $809,609, to the Merchants National Bank of Mobile, 
Alabama, for compensation for losses sustained during the period 
beginning on January 1, 1976, and ending on December 31, 1978, 
concerning the issuance and cancellation of a Government loan 
guarantee and the subsequent issuance of a second loan guarantee 
on reduced terms, resulting from actions of the Defense Logistics 
101 STAT. 1166 
PUBLIC LAW 100-180—DEC. 4, 1987 
Drugs and drug 
abuse. 
Law 
enforcement and 
crime. 
10 use 912. 
Agency of the Department of Defense and its fiscal agent, the 
Federal Reserve Bank of Atlanta. 
(b) FULL SETTLEMENT OP CLAIM.—The payment made pursuant to 
subsection (a) shall constitute full settlement of the legal and equi-
table claims by the Merchants National Bank of Mobile, Alabama, 
against the United States, covered by that subsection. 
(c) LIMITATION ON ATTORNEYS' FEES.—NO part of the amount 
appropriated in this section in excess of 10 percent thereof shall be 
paid or delivered to or received by any agent or attorney on account 
of services rendered in connection with such claim, and the same 
shall be unlawful, any contract to the contrary notwithstanding. 
Violation of the provisions of this subsection is a misdemeanor 
punishable by a fine not to exceed $1,000. 
SEC. 1248. PROCEDURES FOR FORENSIC EXAMINATION OF CERTAIN 
PHYSIOLOGICAL EVIDENCE 
(a) ESTABUSHMENT OF PROCEDURES.—The Secretary of Defense 
shall establish procedures to ensure that whenever, in connection 
with a criminal investigation conducted by or for a military depart-
ment, a physiological specimen is obtained from a person for the 
purpose of determining whether that person has used a controlled 
substance— 
(1) the specimen is in a condition that is suitable for forensic 
examination when delivered to a forensic laboratory; and 
(2) the investigative agency that submits the specimen to the 
laboratory receives a written statement of the results of the 
forensic examination from the laboratory within such period as 
is necessary to use such results in a court-martial or other 
criminal proceeding resulting from the investigation. 
OD) TRANSPORTATION OF SPECIMENS.—The procedures prescribed 
under subsection (a)— 
(1) shall ensure that physiological specimens are preserved 
and transported in accordance with valid medical and forensic 
practices; and 
(2) insofar as practicable, shall require transportation of the 
specimen to an appropriate laboratory by the most expeditious 
means necessary to carry out the requirement in subsection 
(a)(1). 
(c) TESTS FOR USE OF LSD.—Procedures established under subsec-
tion (a) shall ensure that whenever the controlled substance with 
respect to which a physiological specimen is to be examined is 
lysergic acid diethylamide (LSD), the specimen is submitted to a 
forensic laboratory that is capable of determining with a reasonable 
degree of scientific certainty, on the basis of the examination of that 
specimen, whether the person providing the specimen has used 
lysergic acid diethylamide (LSD). 
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as providing a basis, that is not otherwise available in 
law, for a defense to a charge or a motion for exclusion of evidence 
or other appropriate relief in any criminal or administrative 
proceeding. 
(e) CONTROLLED SUBSTANCES COVERED.—For purposes of this sec-
tion, a controlled substance is a substance described in section 
912a(b) of title 10, United States Code. 
(0 REPORT.—Not later than March 1, 1988, the Secretary of De-
fense shall submit to the Committees on Armed Services of the 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1167 
Senate and the House of Representatives, a report describing the 
procedures established under this section. 
SEC. 1249. ADJUDICATION OF INELIGIBILITY FOR A JOB WITH THE FED-
ERAL GOVERNMENT ON THE BASIS OF FAILURE TO REG-
ISTER UNDER THE MILITARY SELECTIVE SERVICE ACT 
Section 33280)) of title 5, United States Code, is amended— 
(1) by striking out "within the Office" in the second sentence; 
and 
(2) by inserting after the third sentence the following: "Such 
procedures may provide that determinations of eligibility under 
the requirements of this section shall be adjudicated by the 
Executive agency making the appointment for which the eligi-
bility is determined.". 
SEC. 1250. TRANSPORTATION ON DEPARTMENT OF DEFENSE AERO-
MEDICAL EVACUATION AIRCRAFT OF CERTAIN VETERANS' 
ADMINISTRATION BENEFICIARIES 
(a) IN GENERAL.—(1) Chapter 157 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 2641. Transportation of certain veterans on Department of De- 
10 use 2641. 
fense aeromedical evacuation aircraft 
"(a) The Secretary of Defense may provide transportation on an 
aircraft operating under the aeromedical evacuation system of the 
Department of Defense for the purpose of transporting a veteran to 
or from a Veterans' Administration medical facility. 
"(b) Transportation under this section shall be provided in accord-
ance with an Eigreement entered into between the Secretary of 
Defense and the Administrator of Veterans' Affairs. Such an agree-
ment shall provide that transportation may be furnished to a 
veteran on an aircraft referred to in subsection (a) only if— 
"(1) the Administrator of Veterans' Affairs notifies the Sec-
retary of Defense that the veteran needs or has been furnished 
medical care or services in a Veterans' Administration facility 
and the Administrator requests such transportation in connec-
tion with the travel of such veteran to or from the Veterans' 
Administration facility where the care or services are to be 
furnished or were furnished to such veteran; 
"(2) there is space available for the veteran on the aircraft; 
and 
"(3) there is an adequate number of medical and other service 
attendants to care for all persons being transported on the 
aircraft. 
"(c) A veteran is not eligible for transportation under this section 
unless the veteran is a primary beneficiary within the meaning of 
clause (A) of section 5011(gX5) of title 38. 
"(dXD A charge may not be imposed on a veteran for transpor-
tation provided to the veteran under this section. 
"(2) An agreement under subsection (b) shall provide that the 
Veterans' Administration shall reimburse the Department of De-
fense for gmy costs incurred in providing transportation to veterans 
under this section that would not otherwise have been incurred by 
the Department of Defense. 
"(e) In this section, the term 'veteran' has the meaning given that 
term m section 101(2) of title 38.". 
101 STAT. 1168 
PUBLIC LAW 100-180—DEC. 4, 1987 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2641. Transportation of certain veterans on Department of Defense aeromedical 
evacuation aircraft.". 
10 use 2641 
0?) IMPLEMENTATION DEADLINE.—The Secretary of Defense and the 
note. 
Administrator of Veterans' Affairs shall enter into an agreement 
required by section 2641 of title 10, United States Code (as added by 
subsection (a)), not later than 60 days after the date of the enact-
ment of this Act. 
TITLE XIII—AMENDMENTS RELATED TO GOLD 
WATER-
NICHOLS REORGANIZATION ACT 
PART A—JOINT OFFICER PERSONNEL POUCY 
SEC. 1301. NOMINATION AND SELECTION OF OFFICERS FOR THE JOINT 
SPECIALTY 
(a) SELECTION AUTHORITY.—(1) Subsection (b) of section 661 of title 
10, United States Code, is amended by adding at the end the 
following new parsigraph: 
''•' 
"(3) The authority of the Secretary of Defense under paragraph (2) 
to select officers for the joint specialty may be delegated only to the 
Deputy Secretary of Defense.". 
(b) EDUCATION AND EXPERIENCE REQUIREMENTS.—Subsection (c) of 
such section is amended— 
(1) in paragraph (IXB), by inserting "(as described in section 
664 (fXD or (fK3) of this title)" after "joint duty assignment"; 
(2) in paragraph (2)— 
(A) by striking out "An officer who has" and inserting in 
lieu thereof "(A) An officer (other than a general or flag 
officer) who has a military occupational specialty that is"; 
(B) by striking out "joint duty assignment of not less than 
two years" and inserting in lieu thereof "full tour of duty in 
a joint duty assignment (as described in section 664(fX2) of 
this title)"; 
(C) by striking out the second sentence; and 
(D) by adding at the end the following: 
"(B) The Secretary may not for the purposes of this paragraph 
designate a military occupational specialty as a critical occupational 
specialty involving combat operations unless that occupational spe-
cialty is within the combat arms, in the case of the Army, or the 
equivalent, in the case of the Navy, Air Force, and Marine Corps. In 
determining for the purposes of this paragraph what military 
occupational specialties within the combat arms (or the equivalent) 
are critical, the Secretary shall designate as critical any military 
occupational specialty experiencing severe shortages of trained offi-
cers. ; and 
(3) by adding at the end the following new paragraph: 
"(3XA) In the case of an officer who has completed both a program 
of education referred to in paragraph (IXA) and a full tour of duty in 
a joint duty assignment (as described in section 664 (fXD or (fX3) of 
this title) and is subsequently nominated for the joint specialty, the 
Secretary of Defense may waive the requirement in paragraph (IXB) 
that the tour of duty in a joint duty assignment be performed after 
the officer completes the program of education if the Secretary 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1169 
determines that the waiver is necessary in the interests of sound 
personnel management. 
"(B) In the case of an officer who has completed two full tours of 
duty in a joint duty assignment (as described in section 664(f) of this 
title) and is subsequently nominated for the joint specialty, the 
Secretary may waive the requirement that the officer have success-
fully completed a program of education referred to in paragraph 
(IXA) if the Secretary determines that— 
"(i) it would be impractical to require the officer to complete 
such a program at the current stage of the officer's career; and 
"(ii) the t3T)es of joint duty assignments completed by the 
officer have been of sufficient breadth to prepare the officer 
adequately for the joint specialty. 
"(C) A waiver under subparagraph (A) or (B) may be made only 
;;,-? 
under unusual circumstances justifjdng deviation from the condi-
tions established in paragraph (1) for selection of an officer for the 
joint specialty. 
"(D) The authority of the Secretary of Defense to grant a waiver 
under this paragraph may be delegated only to the Deputy Sec-
retary of Defense. Such a waiver may be granted only on a case-by-
case b£isis in the case of an individual officer and in the case of a 
general or flag officer only under exceptional circumstances in 
which the waiver is necessary to meet a critical need of the armed 
forces, as determined by the Chairman of the Joint Chiefs of Staff. 
The total number of waivers granted under this paragraph during 
any fiscal year may not exceed 5 percent of the total number of 
officers selected for the joint specialty during that fiscal year.". 
SEC. 1302. JOINT DUTY ASSIGNMENT POSITIONS 
(a) MINIMUM ASSIGNMENT REQUIREMENTS.—Paragraph (1) of sec-
tion 661(d) of title 10, United States Code, is amended— 
(1) by striking out "by officers who have" and all that follows 
and inserting in lieu thereof "by officers who— 
"(A) have the joint specialty; or 
"(B) have been nominated for the joint specialty and— 
"(i) have successfully completed a program of education 
referred to in subsection (cXlXA); or 
"(ii) have a military occupational specialty that is des-
ignated under subsection (cX2XA) as a critical occupational 
specialty involving combat operations.". 
(b) 
DESIGNATION OF CRITICAL JOINT DUTY ASSIGNMENT POSI-
TIONS.—Section 661(d) of such title is further amended by striking 
out paragraph (2) and inserting in lieu thereof the following: 
"(2) The Secretary shall designate not fewer than 1,000 joint duty 
assignment positions as critical joint duty assignment positions. 
Such designation shall be made by examining each joint duty assign-
ment position and designating under the preceding sentence those 
positions for which, considering the duties £ind responsibilities of the 
position, it is highly important that the occupant be particularly 
trained in, and oriented toward, joint matters. Each position so 
designated may be held only by an officer who has the joint 
specialty. 
"(3XA) The Secretary shall ensure that, of those joint duty assign-
ment positions that are filled by general or flag officers, a substan-
tial portion are among those positions that are designated under 
paragraph (2) as critical joint duty eissignment positions. 
101 STAT. 1170 
PUBLIC LAW 100-180—DEC. 4, 1987 
"(B) The Secretary shall ensure that, of those positions designated 
under paragraph (2) as critical joint duty assignment positions, an 
appropriate portion are filled by officers with the joint specialty who 
were selected for the joint specialty under subsection (c)(2). 
"(4) Of the officers serving in joint duty assignment positions 
covered by paragraph (1) who are described in subparagraph (A) or 
(B) of that paragraph, not more than one-third at any time may be 
officers described in subparagraph (BXii) of that paragraph.". 
(c) REVISION OF J D A LIST.—(1) Section 668(bX2) of such title is 
amended by inserting "and, of those positions, those that are posi-
tions held by general or flag officers and the number of such 
positions" immediately before the semicolon in subparagraph (A) 
and immediately before the period in subparagraph (B). 
10 use 668 note. 
(2) The Secretary of Defense shall publish a revised list under 
section 668(bX2) of title 10, United States Code, taking into account 
the amendments made by this section, not later than six months 
after the date of the enactment of this Act. 
SEC. 1303. LENGTH OF JOINT DUTY ASSIGNMENTS 
(a) REVISION AND CLARIFICATION.—Section 664 of title 10, United 
States CJode, is amended by striking out subsections (b), (c), and (d) 
and inserting in lieu thereof the following: 
"Ot)) WAIVER AUTHORITY.—The Secretary of Defense may waive 
subsection (a) in the case of any officer. 
"(c) INITIAL ASSIGNMENT OF OFFICERS WITH CRITICAL OCCUPA-
TIONAL SPECIALTIES.—The Secretary may for purposes of section 
661(c)(2) of this title authorize a joint duty assignment of less than 
the period prescribed by subsection (a), but not less than two years, 
without the requirement for a waiver under subsection (b) in the 
case of an officer— 
"(1) who has been nominated for the joint specialty before 
' 
such assignment begins; 
"(2) who has a military occupational specialty designated 
under section 661(c)(2) of this title as a critical occupational 
specialty; and 
'• 
"(3) for whom such joint duty assignment is the initial joint 
duty assignment. 
"(d) EXCLUSIONS FROM TOUR LENGTH.—The Secretary of Defense 
may exclude the following service from the standards prescribed in 
subsection (a): 
"(1) Service in a joint duty assignment in which the full tour 
of duty in the assignment is not completed by the officer 
because of^ 
"(A) retirement; 
"(B) release from active duty; 
"(C) suspension from duty under section 155(fK2) or 164(g) 
of this title; or 
"(D) a qualifying reassignment (as described in subsection 
(gX4)). 
Alaska. 
"(2) Service in a joint duty assignment outside the United 
Hawaii. 
States or in Alaska or Hawaii. 
"(3) Service in a joint duty assignment in a case in which— 
• 
"(A) the officer's tour of duty in that assignment brings 
the officer's cumulative service for purposes of subsection 
(fK3) to the applicable standard prescribed in subsection (a); 
and 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1171 
i 
"(B) the length of time served in that assignment (in any 
case other than an assignment which is described in subsec-
tion (g)(4)(B)) was not less than two years. 
"(e) AVERAGE TOUR LENGTHS.—(1) The Secretary shall ensure that 
the average length of joint duty assignments during any ftscal year 
(after fiscal year 1990), measured by the lengths of the joint duty 
assignments ending during that fiscal year, meets the standards 
prescribed in subsection (a). 
"(2) In computing the average length of joint duty assignments for 
purposes of paragraph (1), the Secretary may exclude the following 
service: 
"(A) Service described in subsection (c), except that not more 
than 10 percent of all joint duty assignments shown on the list 
published pursuant to section 668(bX2)(A) of this title may be so 
excluded in any year. 
"(B) Service described in subsection (d). 
"(f) FULL TOUR OF DUTY.—An officer shall be considered to have 
completed a full tour of duty in a joint duty eissignment upon 
completion of— 
"(1) a joint duty assignment that meets the standards pre-
scribed in subsection (a); 
"(2) a joint duty assignment under the circumstances 
described in subsection (c); or 
"(3) cumulative service in joint duty assignments as described 
in subsection (g). 
"(g) CUMULATIVE CREDIT.—(1) Cumulative service for purposes of 
subsection (fX3) is service in joint duty assignments which totals in 
length not less than the applicable standard prescribed in subsection 
(a) and which includes at least one tour of duty in a joint duty 
assignment that— 
"(A) was performed outside the United States or in Alaska or Alaska. 
Hawaii; or 
Hawaii. 
"(B) W£is terminated because of a qualifying reassignment (as 
described in paragraph (4)). 
"(2) In computing cumulative service of an officer in joint duty 
assignments for purposes of paragraph (1), a tour of duty of the 
officer in a joint duty assignment other than a tour of duty specified 
in subparagraph (A) or (B) of paragraph (1) may not be counted 
unless the officer served at least two years in the assignment. The 
,
< . ,-, 
prohibition on counting certain tours of duty in the preceding 
n. tjji<.. 
sentence does not apply to a joint duty assignment which follows a 
reassignment described in paragraph (4XB). 
"(3) In computing the cumulative service of an officer in joint duty 
assignments for purposes of paragraph (1), a tour of duty in a joint 
duty assignment shall be excluded— 
"(A) if the officer served less than 10 months in that assign-
ment; and 
"(B) to the extent that the assignment was served more than 
eight years before the date of computation of the cumulative 
service. 
"(4) For purposes of paragraph (IXB), a qusdifying reassignment is 
a reassignment of an officer from a joint duty assignment— 
"(A) for unusual personal reasons (including extreme hard-
ship and medical conditions) beyond the control of the officer or 
the armed forces; or 
"(B) to another joint duty assignment immediately after— 
101 STAT. 1172 
PUBLIC LAW 100-180—DEC. 4, 1987 
% .i' 
Schools and 
colleges. 
Schools and 
colleges. 
"(i) the officer was promoted to a higher grade if the 
reassignment was made because no joint duty assignment 
was available within the same organization that was 
| j <-• T 
commensurate with the officer's new grade; or 
"(ii) the officer's position was eliminated in a reorgani-
zation.", 
(b) CONSECUTIVE ASSIGNMENTS WITHIN SAME ORGANIZATION.—Sec-
tion 668 of such title is amended by adding at the end the following 
new subsection: 
"(f) CLARIFICATION OF 'TOUR OF DUTY'.—For purposes of this chap-
ter, a tour of duty in which an officer serves in more than one joint 
duty assignment within the same organization without a break 
between such assignments shall be considered to be a single tour of 
duty in a joint duty assignment.". 
SEC. 1304. NOTICE TO CONGRESS OF USE OF WAIVER AUTHORITIES AND 
EXCLUSIONS WITH RESPECT TO OFFICER MANAGEMENT 
(a) ADDITIONS TO ANNUAL JOINT OFFICER REPORT.—Section 667 of 
title 10, United States Code, is amended— 
(1) by redesignating paragraphs (2) through (10) as paragraphs 
(5), (6), (7), (8), (10), (11), (13), (14), and (16), respectively; 
(2) by inserting after paragraph (1) the following new para-
' 
graphs (2), (3), and (4): 
"(2) The military occupational specialties within each of the 
armed forces that have been designated as critical occupational 
I 
specialties under section 661(cX2) of this title, separately identi-
l 
fjdng those specialties for which there is a severe shortage of 
trained officers, together with an explanation of how those 
specialties meet the criteria for that designation in section 
661(cX2XB) of this title. 
"(3) The number of officers on the active-duty list with a 
' 
military occupational 
specialty designated under 
section 
661(cX2) of this title as a critical occupational specialty who— 
^* 
"(A) have been nominated for the joint specialty; 
"(B) have been nominated for the joint specialty and are 
serving in a joint duty assignment; 
"(C) have completed a joint duty assignment and are 
attending an appropriate program at a joint professional 
military education school; 
"(D) have completed an appropriate program at a joint 
professional military education school; 
a 8wr 
"(E) have been selected for the joint specialty; and 
"(F) have served, or are serving in, a second joint dutv 
C 
assignment after being selected for the joint specialty, with 
'
"
^ 
the number of such officers who have served, or are serving, 
in a critical joint duty assignment shown separately for 
-ii-^K 
general and flag officers, and for all other officers. 
"(4) For each fiscal year— 
iic 
"(A) the number of officers nominated for the joint spe-
ov 
cialty and, of those, the number who have a military 
occupational specialty designated as a critical occupational 
4i jm 
specialty; and 
"(B) a comparison of the number of officers who have the 
'.s: 
joint specialty who qualified for the joint specialty under 
"t 
- 
section 661(cXl) of this title with the number of officers who 
have the joint specialty who were selected for the joint 
— ^^4' 
specialty under section 661(cX2) of this title."; 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1173 
(3) by striking out "paragraph (2)" in paragraphs (6), (7), and 
(8) (as redesignated bv paragraph (1)) and inserting in lieu 
thereof "paragraph (5)'; 
(4) by inserting after paragraph (8) (as redesignated by para-
graph (1)) the following new paragraph: 
"(9) The promotion rate for officers considered for promotion 
from above the promotion zone, shown for officers serving on 
the Joint Staff, officers with the joint specialty, and other 
officers serving in joint duty assignments, compared in the same 
manner as specified in paragraph (5)."; 
(5) by inserting after paragraph (11) (as redesignated by para-
graph (1)) the following new paragraph: 
"(12) The number of times, in the case of each category of 
exclusion, that service in a joint duty assignment was excluded 
in computing the average length of joint duty assignments."; 
(6) by striking out "paragraphs (2) through (5)" in paragraph 
(13) (as redesignated by paragraph (1)) and inserting in lieu 
thereof "paragraphs (5) through (9)"; and 
(7) by inserting after paragraph (14) (as redesignated by para- 
_
' '; 
graph (1)) the following new paragraph: 
"(15) The number of times a waiver authority was exercised 
under this chapter (or under any other provision of law which 
permits the waiver of any requirement relating to joint duty 
assignments) and in the case of each such authority— 
"(A) whether the authority was exercised for a general or 
flag officer; 
' (B) an analysis of the reasons for exercising the author-
ity; and 
"(C) the number of times in which action was taken 
without exercise of the waiver authority compared with the 
number of times waiver authority was exercised (in the case 
of each waiver authority under this chapter or under any 
other provision of law which permits the waiver of any 
requirement relating to joint duty assignments).", 
(b) APPLICABIUTY.—Paragraphs (3) and (4) of section 667 of title 10, lo USC 667 note. 
United States Code, as added by subsection (a), shall apply with 
respect to fiscal years after fiscal year 1987. 
SEC. 1305. SPECIAL TRANSITION RULES FOR NUCLEAR PROPULSION 
OFFICERS 
(a) JOINT DUTY ASSIGNMENT REQUIREMENT FOR PROMOTION TO 
FLAG RANK.—Paragraph (1) of section 619(e) of title 10, United 
States Code, is amended to read as follows: 
"(1) An officer may not be appointed to the grade of brigadier 
general or rear admiral (lower half) unless the officer has completed 
a full tour of duty in a joint duty assignment (as described in section 
664(f) of this title). Before January 1, 1992, an officer of the Navy 
designated as a qualified nuclear propulsion officer may be ap-
pointed to the grade of rear admiral (lower half) without regard to 
the preceding sentence, but an officer so appointed may not be 
appointed to the grade of rear admiral until the officer completes a 
full tour of duty in a joint duty assignment.". 
(b) TRANSITION PLAN.—(1) The Secretary of Defense, after con- lo use 619 note. 
sultation with the Chairman of the Joint Chiefs of Staff, shall 
develop and carry out a plan for ensuring that— 
(A) during the period before January 1, 1992, the maximum 
practicable number of officers of the Navy who are qualified 
101 STAT. 1174 
PUBLIC LAW 100-180—DEC. 4, 1987 
nuclear propulsion officers serve in joint duty assignments and 
otherwise fulfill the provisions of chapter 38 of title 10, United 
States Code; and 
?i 
(B) by January 1, 1992, the maximum practicable number 
of qualified nuclear populsion officers in the grade of cap-
'^ > tain have qualified for appointment to the grade of rear admiral 
(lower half) by completing a full tour of duty in a joint duty 
assignment. 
(2) The plan shall include milestones for each calendar year 
beginning with 1989 requiring that a progressively greater propor-
tion of qualified nuclear propulsion officers fulfill the various 
requirements of chapter 38 of title 10, United States Code, and other 
provisions of law enacted by title IV of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
99-433) so that after January 1, 1992, the nuclear propulsion 
community will be capable of complying with the requirements of 
that chapter without undue reliance on waivers granted by the 
Secretary of Defense. 
10 use 619 note. 
(c) IMPLEMENTATION.—The plan required to be developed under 
subsection (b) shall be implemented at the earliest practicable date, 
but in no event later than six months after the date of enactment of 
this Act. The Chairman of the Joint Chiefs of Staff shall monitor the 
implementation of such plan. 
10 use 619 note. 
(d) REPORT.—On the date on which the plan required to be devel-
oped under subsection (b) is implemented, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives— 
(1) a copy of the plan; and 
n- ii 
(2) a report explaining how the plan fulfills the objectives 
prescribed in subsection (b). 
PART B—OTHER MATTERS 
10 u s e 136 note. 
SEC. 1311. TEMPORARY INCREASE IN NUMBER OF ASSISTANT SECRETAR-
IES OF DEFENSE 
Until January 20, 1989, the number of Assistant Secretaries of 
Defense authorized under section 136(a) of title 10, United States 
Code, and the number of positions at level IV of the Executive 
Schedule authorized under section 5315 of title 5, United States 
Code, for Assistant Secretaries of Defense, are each increased by one 
(to a total of 12). 
SEC. 1312. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT 
HEADQUARTERS ACTIVITIES AND CERTAIN OTHER ACTIVI-
TIES 
Section 601 of the Goldwater-Nichols Department of Defense 
Reorganization Act of 1986 (10 U.S.C. 194 note) is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new subsec-
tion (f): 
"(f) EXCLUSION.—In computing and making reductions under this 
section, there shall be excluded not more than 1,600 personnel 
>' ' - ' ' ' ^ ' 
transferred during fiscal year 1988 from the General Services 
Administration to the Department of Defense for the purpose of 
having the Department of Defense assume responsibility for the 
management, operation, and administration of certain real property 
under the jurisdiction of that Department.". " ^ * - i-^ 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1175 
SEC. 1313. CLARIFICATION OF FORCES NOT REQUIRED TO BE ASSIGNED 
TO COMBATANT COMMANDS 
Section 162(aX2) of title 10, United States Code, is amended by international 
striking out the period at the end and inserting in lieu thereof "or organizations. 
forces assigned to multinational peacekeeping organizations.". 
SEC. 1314. TECHNICAL AMENDMENTS 
(a) AMENDMENTS TO PUBUC LAW 99-433.—(1) The table contained 10 USC 
in section 101(aX5) of the Goldwater-Nichols Department of Defense 2431-2434. 
Reorganization Act of 1986 (Public Law 99-433; 100 Stat. 995) is 
amended by striking out "chapter 3" above the right hand column 
and inserting in lieu thereof "chapter 144". 
(2) Section 202(b)(2) of such Act (100 Stat. 1011) is amended by 10 USC 743. 
inserting "the first place it appears" immediately before the 
semicolon. 
(3) Section 532(cXl) of such Act (100 Stat. 1063) is amended by lO USC 3033 
striking out "section" and inserting in lieu thereof "sections". 
^°^-
(4) Section 602(eX3XB) of such Act (100 Stat. 1067) is amended by 10 USC ill note, 
striking out "and strength" and inserting in lieu thereof "end 
strength". 
(b) AMENDMENTS TO TITLE 10.—Title 10, United States Code, is 
amended as follows: 
(IXA) Section 152 is amended by striking out the section 
heading and inserting in lieu thereof the following: 
"§ 152. Chairman: appointment; grade and rank". 
(B) The table of sections at the beginning of chapter 5 is 
amended by striking out the item relating to section 152 and 
-, u\ :JSIJ nl 
inserting in lieu thereof the following: 
"152. Chairman: appointment; grade and rank.". 
(2) Section 155 is amended— 
(A) in subsection (fK4)(B), by inserting "or Congress" after 
"the President"; and 
(B) in subsection (gX2), by inserting "the President or" 
after "declared by". 
(3) Section 194(eX2) is amended by inserting "the President 
or" after "declared by". 
©
€
«
: th*; i 
(4) Section 619(eX2XD) is amended by striking out "the date of 
^*'^^'^ 
the enactment of this subsection" and inserting in lieu thereof 
'^ 
"October 1,1986,". 
(5XA) The heading for section 743 is amended by adding at the 
end "; Commandant of the Marine Corps". 
(B) The table of sections at the beginning of chapter 43 is 
amended by inserting "; Commandant of the Marine Corps" 
after "Air Force" in the item relating to section 743. 
(6) Section 1406(i) is amended— 
(A) by inserting "AND VICE CHAIRMEN" after "CHAIRMEN" 
in the subsection heading; and 
(B) by inserting "or Vice Chairman" after "Chairman" in 
paragraph (1). 
(7) Sections 3014(fX4), 5014(fX4), and 8014(fX4) are each 
amended by inserting "the President or" after "declared by". 
(8) The table of sections at the beginning of chapter 549 is 
amended by striking out the item relating to section 5898 and 
inserting in lieu thereof the following: 
"5898. Action on reports of selection boards.". 
101 STAT. 1176 
PUBLIC LAW 100-180—DEC. 4, 1987 
(9) Section 8062(e) is amended by striking out "section 114" 
and inserting in lieu thereof "section 115". 
(c) AMENDMENTS TO TITLE 37.—(1) Section 413 of title 37, United 
States Code, is amended to read as follows: 
"§ 413. Chairman and Vice Chairman of the Joint Chiefs of Staff 
"The Chairman and Vice Chairman of the Joint Chiefs of Staff 
are entitled to the allowances provided by law for the Chief of Staff 
*
• 
of the Army.". 
(2) The table of sections at the beginning of chapter 7 of such title 
is amended by striking out the item relating to section 413 and 
inserting in lieu thereof the following: 
"413. Chairman and Vice Chairman of the Joint Chiefs of Staff.". 
(d) MISCELLANEOUS AMENDMENTS.—Footnote 2 in the table in 
jgr 
section 411(a) of title 38, United States Code, is amended by insert-
ing "or Vice Chairman" after "Chairman". 
.Bsoiii' 1 . 
(2) Section 1344(bX4) of title 31, United States Code, is amended by 
inserting "the members and Vice Chairman o f before "the Joint 
Chiefs of Staff". 
(3) Footnote 2 of the table entitled "COMMISSIONED OFFI-
CERS" in section 101(bXl) of the Uniformed Services Pay Act of 
1981 (37 U.S.C. 1009 note) is amended by inserting "or Vice Chair-
man" after "Chairman". 
(4) Section 1302(bX3) of the Department of Defense Authorization 
Act, 1986 (37 U.S.C. 431 note), is amended by striking out "section 
133(d)" and inserting in lieu thereof "section 113(d)". 
10 use 743 note. 
(e) EFFECTIVE DATES.—(1) The amendments made by subsection (a) 
shall apply as if included in the enactment of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
10 use 111 note. 
99-433). 
37 use 413 note. 
(2) The amendments made by subsections (cXD, (dX3), and (dX4) 
shall take effect as of October 1,1986. 
TITLE XIV—FOREIGN RELATIONS MATTERS 
Maritime 
SEC. 1401. COMMENDATION OF ARMED FORCES IN PERSIAN GULF FOR 
?ffai>« 
SUCCESS OF CERTAIN OPERATIONS 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Armed Forces of the United States are currently 
engaged in operations in the Persian Gulf, including operations 
to escort United States flag vessels moving through the Gulf, in 
order to protect national security interests of the United States 
and the principle of freedom of navigation in international 
waters. 
(2) The government of Iran, through the use of its armed 
forces and revolutionary guards, is engaging in ongoing activi-
ties, including the laying of mines in international waters, to 
disrupt shipping in the Persian Gulf. 
(3) During the night of September 21-22, 1987, Army and 
Naval forces of the United States detected an Iranian mine-
la3dng activity underway in international waters in the Persian 
Gulf and, in an outstanding instance of joint military oper-
ations, tracked and neutralized the boat carrying out the mine 
laying- 
lA. 
' 
.' . r.:. M.. 
, 
. 
Iran. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1177 
(4) On October 8, 1987, elements of the Armed Forces of the 
United States, acting jointly, successfully defended themselves 
against an attack by Iranian forces in the Persian Gulf. 
(5) The success of those joint operations (A) serves notice to 
Iran that the United States will react decisively and effectively 
to such hostile activities, and (B) may result in reduced risk to 
United States interests in the Persian Gulf. 
(6) There is precedent throughout the history of the United 
States for Congress to recognize and commend similar oper-
ations by the Armed Forces of the United States, including 
Congressional praise on February 3, 1802, of "the gallant con-
duct" of certain members of a United States Naval force in the 
Wars with the Barbary Powers. 
(b) CONGRESSIONAL COMMENDATIONS.—The Congress hereby— 
(1) declares that those members of the Armed Forces who 
participated in the joint operations of September 21-22, 1987, 
and October 8, 1987, in the Persian Gulf acted in the finest 
military and naval traditions of the United States and displayed 
exemplary professionalism, skill, and dedication; and 
(2) commends those members, and all members of the Armed 
Forces who acted in support of those operations, for their 
participation in those important and successful operations. 
SEC. 1402. SENSE OF THE SENATE REGARDING JUSTIFICATION FOR SINK-
ING IRANIAN VESSELS 
It is the sense of the Senate that the Armed Forces of the United 
States are fully justified in sinking any Iranian vessel which threat-
ens the safe passage of (1) any warship of the United States, or (2) 
any other vessel known to have on board any citizen of the United 
States. This section shall not in itself be construed as legislative 
authority for any specific military operation. 
SEC. 1403. UNITED STATES POLICY TOWARD PANAMA 
(a) FINDINGS.—The Congress makes the following findings: 
(1) The executive, judicial, and legislative branches of the 
Government of Panama are now under the influence and con-
trol of the Panamanian Defense Forces. 
(2) A broad coalition of church, business, labor, civic, and 
political groups in Panama has called for an objective and 
thorough investigation of allegations concerning serious viola-
tions of law by certain officials of the Government of Panama 
and the Panamanian Defense Forces and has insisted that 
General Noriega and others involved relinquish their official 
positions until such an investigation has been completed. 
(3) The Panamanian people continue to be denied the full 
rights and protections guaranteed by their constitution, as evi-
denced by continuing censorship and the closure of the 
independent media, arrests without due process, and instances 
of the use of excessive force by the Panamanian Defense Forces. 
(4) Political unrest and social turmoil in Panama can only be 
resolved if the Government of Panama begins to demonstrate 
respect for and adherence to all provisions of the Panamanian 
constitution. 
Qi) PoucY.—Therefore, it is the sense of Congress that, subject to 
the condition expressed in subsection (c), the United States should 
take the following actions: 
Maritime 
affairs. 
General 
Noriega. 
HutnEin rights. 
101 STAT. 1178 
PUBLIC LAW 100-180—DEC. 4, 1987 
(1) Cease all economic and military assistance provided to the 
Government of Panama under the Foreign Assistance Act of 
1961 and the Arms Export Control Act, other than assistance to 
meet immediate humanitarian concerns. 
(2) Suspend all shipments of military equipment (including 
spare parts for military equipment) to the Government of 
Panama or to any of its agencies or institutions. 
Imports. 
(3) Reassess whether the United States should terminate the 
Sugar, syrup, 
importation into the United States of sugar, syrup, and molas-
an mo asses. 
^^^ produced in Panama and reallocate among other foreign 
countries the quantities of such products that otherwise would 
be imported from Panama. 
(c) CONDITIONS.—It is further the sense of Congress that the 
United States should take the actions described in subsection (b) 
unless, within 45 days after the date of the enactment of this Act— 
(1) the Government of Panama has demonstrated substantial 
progress in the effort to assure civilian control of the armed 
forces and that the Panama Defense Forces and its leaders have 
been removed from nonmilitary activities and institutions; 
(2) the Government of Panama has established an independ-
ent investigation into allegations of illegal actions by members 
of the Panama Defense Forces; 
eriff*?iBM 
(3) ^ nonmilitary transitional government is in power; and 
?rjfe*>f 
(4) all constitutional guarantees, including freedom of the 
press, have been restored to the people of Panama. 
SEC. 1404. CONGRESSIONAL 
STATEMENTS CONCERNING 
VIETNAMESE 
OCCUPATION OF CAMBODIA AND JAPANESE TRADE WITH 
VIETNAM 
• (a) FINDINGS.—The Congress finds that— 
(1) during the nine years since Vietnam invaded Cambodia in 
late 1978, most Western countries have pledged to maintain an 
embargo on trade with and developmental aid to Vietnam until 
Vietnamese troops are withdrawn from Cambodia; 
(2) Japan joined in this embargo by freezing approximately 
$135,000,000 in grants and concessionary loans to Vietnam and 
: 
reducing trade levels with Vietnam from $220,000,000 in 1978 to 
$120,000,000 the following year; 
(3) despite the fact that 140,000 Vietnamese troops continue to 
occupy Cambodia, Japan's economic ties with Vietnam have 
grown steadily since 1982, reaching a current annual trade level 
. 
,-. f 
of $230,000,000; 
...,.,.. 
(4) this trade has included trade in goods and technology 
^,, . ,. 
which enhances the productive capacity and the infrastructure 
base of Vietnam; and 
. 
(5) the 65,000,000 people of Vietnam are a tempting lure for 
investors seeking low wages and for traders seeking new 
markets. 
OJ) CONDEMNATION OF VIETNAMESE OCCUPATION OF CAMBODIA.— 
The Congress hereby— 
(1) reaffirms its condemnation of the continued Vietnamese 
occupation of the sovereign State of Cambodia, an activity 
which violates all standards of conduct befitting a responsible 
nation and contravenes all recognized principles of inter-
national law; and 
. .$*<?.;•.•:; - -cfu .••.•'•I'^n ^•;- ;r-^»*».$ 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1179 
(2) reaffirms its call for Vietnam to withdraw from Cambodia 
as the only way Vietnam can expect to end its self-induced 
economic isolation, 
(c) STATEMENT ON JAPANESE TRADE WITH VIETNAM.—The Con-
gress hereby strongly urges the Government of Japan to— 
(1) continue to refrain from granting to Vietnam any official 
economic assistance; 
(2) refrain from granting to Vietnam any form of trade financ-
ing, including export credits, trade-related credit insurance, and 
extended loans for infrastructure development; 
(3) continue to discourage its private business sector from 
exporting to Vietnam goods and technology which enhance the 
productive capacity and the infrastructure base of Vietnam, 
including in particular equipment for— 
(A) oil exploration and development, 
(B) forestry and fishery production, 
(C) development of raw materials for light industries, and 
(D) the upgrading of export productive capacities; and 
(4) strongly discourage the private business sector of Japan 
from providing financing which in any way facilitates trade 
with Vietnam. 
SEC. 1405. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES 
INTO NICARAGUA FOR COMBAT 
Congress hereby reaffirms the sense of Congress expressed in the 
first session of the 99th Congress (in section 1451 of the Department 
of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 
760)), that United States Armed Forces should not be introduced 
into or over Nicaragua for combat. However, nothing in this section 
shall be construed as affecting the authority and responsibility of 
the President or Congress under the Constitution, statutes, or trea-
ties of the United States in force. 
DIVISION B—MILITARY CONSTRUCTION 
M
i
l
i
t
a
r
y 
AUTHORIZATIONS 
AuthoSn 
SEC. 2001. SHORT TITLE 
This division may be cited as the "Military Construction 
Authorization Act, 1988 and 1989". 
SEC. 2002. EXPLANATION OF ALTERNATIVE LEVELS 
In this division the dollar amount authorized for projects at 
certain military installations and the dollar amount authorized to 
be appropriated for certain purposes are shown in two different 
amounts, the second amount being set forth in parentheses imme-
diately after the first. An explanation of the reasons for the two 
amounts and the rule for determining which dollar amount is to be 
effective appears in section 3 of this Act. 
Act, 1988 and 
1989. 
91-194 O - 90 - 7 : QL.3 Part 2 
101 STAT. 1180 
PUBLIC LAW 100-180—DEC. 4, 1987 
f
^ ';- Subdivision 1—Fiscal Year 1988 
" 
.., 
, . 
TITLE I—ARMY 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Army may 
acquire real property and may carry out mihtary construction 
projects in the amounts shown for each of the following instsillations 
and locations inside the United States: 
UNITED STATES ARMY FORCES COMMAND 
Fort Bragg, North Carolina, $54,790,000 ($41,990,000). 
Fort Campbell, Kentucky, $12,410,000. 
Fort Carson, Colorado, $2,050,000. 
.! 
Fort Devens, Massachusetts, $1,840,000. 
Fort Greely, Alaska, $6,400,000. 
Fort Hood, Texas, $31,500,000. 
Fort Hunter Liggett, California, $1,000,000. 
•*'; 
Fort Irwin, California, $4,450,000. 
Fort Lewis, Washington, $960,000. 
:^o> "
<
C 
- Jt:. 
" 
Fort McCoy, Wisconsin, $720,000. 
?
v
^ . 
; 
Fort McPherson, Georgia, $1,400,000. 
Fort Ord, California, $6,890,000. 
Fort Pickett, Virginia, $390,000. 
Fort Polk, Louisiana, $490,000. 
Fort Riley, Kansas, $4,850,000. 
Fort Sam Houston, Texas, $3,300,000. 
Fort Stewart, Georgia, $13,570,000. 
Fort Wainwright, Alaska, $54,100,000. 
Presidio of San Francisco, California, $1,550,000. 
> 
« • 
UNITED STATES ARMY WESTERN COMMAND - K:J 
''•* i* 
Aliamanu Military Reservation, Hawaii, $5,000,000. 
Hawaii Various, $12,300,000. 
Schofield Barracks, Hawaii, $38,850,000 ($18,850,000). 
UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND 
Fort Belvoir, Virginia, $15,610,000. 
Fort Benjamin Harrison, Indiana, $6,900,000 ($0) 
^^ 
Fort Benning, Georgia, $11,700,000. 
Fort Bliss, Texas, $13,040,000. 
Fort Dix, New Jersey, $1,650,000. 
Fort Knox, Kentucky, $3,400,000. 
Fort Hamilton, New York, $960,000. 
Fort Lee, Virginia, $14,350,000. 
Fort Leonard Wood, Missouri, $10,000,000. 
^^,,, >_,,;, ,, , ,/,. 
Fort McClellan, Alabama, $4,700,000. 
Fort Rucker, Alabama, $5,700,000. 
MILITARY DISTRICT OP WASHINGTON 
Cameron Station, Virginia, $400,000. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1181 
UNITED STATES ARMY MATERIEL COMMAND 
Aberdeen Proving Ground, Maryland, $7,160,000. 
Army Materiel Research Command, Massachusetts, $15,000,000. 
Anniston Army Depot, Alabama, $2,100,000. 
Corpus Christi Army Depot, Texas, $2,950,000. 
Dugway Proving Ground, Utah, $9,200,000 ($5,250,000). 
Fort Wingate, New Mexico, $370,000. 
Hawthorne Army Ammunition Plant, Nevada, $6,500,000. 
Lake City Army Ammunition Plant, Missouri, $21,000,000. 
Letterkeniw Army Depot, Pennsylvania, $2,000,000. 
Lexington-Blue Grass Depot Activity, Kentucky, $570,000. 
Navajo Depot Activity, Arizona, $4,000,000. 
Pine Bluff Arsenal, Arkansas, $2,000,000. 
Pueblo Depot Activity, Colorado, $620,000. 
Red River Army Depot, Texas, $7,950,000. 
, ^ , 
Redstone Arsenal, Alabama, $21,000,000. 
Savanna Army Depot, Illinois, $2,550,000. 
Seneca Army Depot, New York, $1,250,000. 
Sierra Army Depot, California, $2,600,000. 
Tooele Army Depot, Utah, $6,700,000. 
Umatilla Depot Activity, Oregon, $1,050,000. 
UNITED STATES ARMY INFORMATION SYSTEMS COMMAND 
Fort Huachuca, Arizona, $1,250,000. 
Fort Ritchie, Maryland, $16,500,000. 
UNITED STATES MILITARY ACADEMY 
United 
States 
Military 
Academy, New York, 
$26,200,000 
($11,400,000). 
UNITED STATES ARMY HEALTH SERVICES COMMAND 
Walter Reed Army Medical Center, District of Columbia, 
$1,300,000. 
MIUTARY TRAFFIC MANAGEMENT COMMAND 
Bayonne Military Ocean Terminal, New Jersey, $2,010,000. 
Sunny 
Point 
Military 
Ocean 
Terminal, 
North 
Carolina, 
$2,190,000. 
ASSISTANT CHIEF OF ENGINEERS 
Classified, United States, $4,000,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Army may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
UNITED STATES ARMY, JAPAN 
Japan Various, $11,250,000. 
' -' 
* 
EIGHTH UNITED STATES ARMY 
Camp Casev, Korea, $28,000,000. 
Camp Castle, Korea, $3,200,000. 
Camp Hovey, Korea, $11,800,000. 
101 STAT. 1182 
PUBLIC LAW 100-180—DEC. 4, 1987_ 
CampHowze, Korea, $4,150,000. 
v^-.>T8 ^ •' ;jf,n 
Camp Jackson, Korea, $4,350,000. 
Camp Kyle, Korea, $2,750,000. 
- 
T 
Camp Mercer, Korea, $720,000. 
Camp Nimble, Korea, $2,200,000. 
Camp Page, Korea, $5,900,000. 
Camp Red Cloud, Korea, $8,500,000. 
Korea, Various, $4,850,000. 
Yongsan, Korea, $3,750,000. 
BALUSTIC MISSILE DEFENSE SYSTEMS COMMAND 
Kwajalein, $26,560,000. 
UNITED STATES ARMY SOUTH 
Honduras, $4,150,000. 
UNITED STATES ARMY EUROPE AND SEVENTH ARMY 
Bad Kreuznach, Germany, $10,200,000. 
Baumholder, Germany, $10,800,000. 
Einsiedlerhof, Germany, $5,900,000. 
Giessen, Germany, $1,250,000. 
Grafenwoehr, Germany, $5,700,000. 
Hanau, Germany, $1,300,000. 
Hohenfels, Germany, $15,500,000. 
Mainz, Germany, $1,100,000. 
Rheinberg, Germany, $16,950,000. 
Stuttgart, Germany, $14,200,000. 
Various, Germany, $19,500,000. 
^ 'f^-;i{ilt 
.T^t^f 
Vilseck, Germany, $60,400,000. 
Wiesbaden, Germany, $38,900,000. 
Wildflecken, Germany, $16,100,000. 
" .. 
Zweibruecken, Germany, $1,900,000. 
'!>':?•,\ Y3'"^ I'' 
AT-
SEC. 2102. FAMILY HOUSING 
vf: 'A 
* - )^-
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Army 
may construct or acquire family housing units (including land ac-
quisition), using amounts 
appropriated 
pursuant 
to 
section 
2104(aX6XA), at the following installations in the number of units 
shown, and in the amount shown, for each installation: 
Fort Rucker, Alabama, seven manufactured 
home spaces, 
$110,000. 
Fort Wainwright, Alaska, fifty-nine units, $10,800,000. 
Fort Irwin, California, two hundred and seventy units (two hun-
dred and twenty-five units), $30,000,000 ($24,000,000). 
Fort Ord, California, two hundred and eleven units, $19,000,000, of 
which not more than twenty-four units may be constructed at Fort 
Hunter Liggett, California. 
Bamberg, Germany, one hundred and six units, $11,200,000. 
Baumholder, 
Germany, 
one hundred 
and 
fifty-two 
units, 
$12,600,000. 
Various Locations, Germany, two hundred and twenty-eight units, 
funded under section 2103. 
Vilseck, 
Germany, 
one 
hundred 
and 
eighty-eight 
units» 
$17,000,000. 
Helemano, Hawaii, two hundred units, $21,000,000. 
, _:. ^,:,a^.j 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1183 
Pearl City, Hawaii, sixty units, $6,700,000. 
Schofield Barracks, Hawaii, one hundred units, $11,200,000. 
Saint 
Louis Support 
Center, Illinois, one hundred 
units, 
$9,700,000. 
Fort Polk, Louisiana, three hundred and fifty units, $27,000,000. 
Fort Hood, Texas, one hundred and fifty units, $9,400,000. 
Fort A.P. Hill, Virginia, twenty-five units, $2,200,000. 
Fort Eustis, Virginia, thirty-two manufactured home spaces, 
$480,000. 
(b) PLANNING AND DESIGN.—The Secretary of the Army may carry 
out architectural and engineering services and construction design 
activities, 
using 
amounts 
appropriated 
pursuant 
to section 
2104(a)(6XA), with respect to the construction or improvement of 
military family housing units in an amount not to exceed 
$21,900,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Army may improve, using amounts 
appropriated pursuant to section 2104(aX6XA), existing military 
family housing units in an amount not to exceed $108,000,000 
($100,000,000), of which $9,223,000 is available only for energy con-
servation projects. 
O
t
)
) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS.—Notwithstanding the maximum amount per unit 
for an improvement project under section 28250t)) of title 10, United 
States Code, the Secretary of the Army may carry out projects to 
improve existing military family housing units at the following 
installations in the number of units shown, and in the amount 
shown, for each installation: 
Sharpe Army Depot, California, thirty units $1,300,000. 
Fort McNair, District of Columbia, four units $220,000. 
Fort Riley, Kansas, one hundred and twenty-eight units, 
$5,100,000. 
Fort Leonard Wood, Missouri, fifteen units $600,000. 
Fort Belvoir, Virginia, one hundred and ninety-eight units, 
$8,800,000. 
Various locations, Germany, convert unused attic space and 
upgrade one hundred and two units into three hundred and 
thirty adequate units, $24,388,000. 
(c) WAIVER OF SPACE LIMITATION.—(1) Of the military family 
housing units to be constructed at the St. Louis Support Center, 
Illinois, two of those units shall, subject to paragraph (3), be con-
structed for assignment to general officers who hold positions as 
commanders or who hold special command positions (as designated 
by the Secretary of Defense) and, notwithstanding section 2826(a) of 
title 10, United States Code, each such unit may be constructed with 
a maximum net floor area of 3,000 square feet. 
(2) For purposes of this subsection, the term "net floor area" has 
the meaning given that term by section 2826(f) of title 10, United 
State Code. 
(3) The provisions of this subsection and of section 2133(c) shalx 
become effective on the date that the report regarding space limita-
tions for senior military officer housing which was requested in the 
joint statement of the conferees accompan3dng the conference report 
filed with respect to the bill S. 2638 of the Ninety-ninth Congress is 
101 STAT. 1184 
PUBLIC LAW 100-180—DEC. 4, 1987 
received by the Committees on Armed Services of the Senate and 
House of Representatives. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1987, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Army in the total amount of 
$2,609,063,000 ($2,536,613,000) as follows: 
(1) For military construction projects inside the United States 
authorized by section 2101(a), $517,240,000 ($458,790,000). 
(2) For military construction projects outside the United 
States authorized by section 21010)), $341,830,000. 
(3) For military construction projects inside the United States 
at New Cumberland Army Depot, Pennsylvania, authorized by 
section 101 of the Military Construction Authorization Act, 
1986, $30,000,000. 
(4) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $15,600,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$128,120,000. 
(6) For military family housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $318,290,000 ($304,290,000); 
(B) for support of military family housing (including the 
functions described in section 2833 of title 10, United States 
Code), $1,255,183,000, of which not more than $46,498,000 
may be obligated or expended for the leasing of military 
family housing units in the United States, the Common-
wealth of Puerto Rico, and Guam, and not more than 
$163,842,000 may be obligated or expended for the leasing of 
,£i'l"?ii 
military family housing units in foreign countries; and 
(C) for the Homeowners Assistance Program as au-
thorized by section 2832 of title 10, United States Code, 
$2,800,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2101 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
(c) PLANNING ASSISTANCE.—Of the amount appropriated pursuant 
to subsection (aX5), the Secretary of the Army shall use at least 
$250,000 for community planning assistance for communities lo-
cated near the newly established Light Infantry Division Post at 
Fort Drum, New York. 
SEC. 2105. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1985 
PROJECTS.—Notwithstanding the provisions of section 607(a) of the 
Military Construction Authorization Act, 1985 (Public Law 98-407, 
98 Stat. 1515), authorizations for the following projects authorized in 
section 101 of that Act, as extended by section 2107(a) of the 
National Defense Authorization Act, 1987 (Public Law 99-661), shall 
remain in effect until October 1, 1988, or the date of enactment of 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1185 
the Military Construction Authorization Act for fiscal year 1989, 
whichever is later: 
(1) Barracks with dining facility in the amount of $11,400,000 
at Presidio of San Francisco, California. 
(2) Barracks modernization in the amount of $660,000 at 
Argyroupolis, Greece. 
(3) Barracks modernization in the amount of $660,000 at 
Perivolaki, Greece. 
(4) Barracks with dining facility in the amount of $2,350,000 
at Elefsis, Greece. 
03) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1986 
PROJECTS.—Notwithstanding the provisions of section 608(a) of the 
Military Construction Authorization Act, 1986 (Public Law 99-167), 
authorizations for the following projects authorized in sections 101 
and 102 of that Act shall remain in effect until October 1, 1988, or 
the date of the enactment of a Military Construction Authorization 
Act for fiscal year 1989, whichever is later: 
(1) Family housing, new construction, fifty manufactured 
home spaces in the amount of $712,000 at Fort Carson, Colo-
rado. 
(2) Ammunition storage in the amount of $850,000 at Bam-
berg, Germany. 
(3) Tactical equipment shop in the amount of $3,350,000 at 
Hanau, Germany. 
(4) Child care center in the amount of $470,000 at Karlsruhe, 
Germany. 
(5) Modified record fire range in the amount of $2,850,000 at 
Nuernberg, Germany. 
(6) Flight simulator building in the amount of $2,900,000 at 
Wiesbaden, Germany. 
(7) Multi-purpose 
training 
ranges 
in 
the 
amount 
of 
$20,000,000 at Wildflecken, Germany. 
(8) Air conditioning upgrade in the amount of $5,900,000 at 
Schofield Barracks, Hawaii. 
(9) Child care center in the amount of $1,350,000 at Camp 
Darby, Italy. 
(10) Dining facility modernization in the amount of $4,350,000 
at Fort Leavenworth, Kansas. 
QlJ Family housing, new construction, fifty manufactured 
home spaces in the amount of $700,000 at Fort Riley, Kansas. 
(12) Family housing, new construction, fifty manufactured 
home spaces in the amount of $689,000 at Fort Campbell, 
Kentucky. 
U3) Water pollution abatement in the amount of $770,000 at 
Army Materiels and Mechanics Research Center, Massa-
chusetts. 
(14) Family housing, new construction, twenty manufactured 
home spaces in the amount of $317,000 at Fort Devens, 
Massachusetts. 
(15) Family housing, new construction, fifty manufactured 
home spaces in the amount of $637,000 at Fort Bragg, North 
Carolina. 
(16) Family housing, new construction, twenty-four manufac-
tured home spaces in the amount of $351,000 at Dugway Prov-
ing Ground, Utah. 
(17) Family housing, new construction, 6 units, in the amount 
of $596,000 at Fort Myer, Virginia. 
101 STAT. 1186 
PUBLIC LAW 100-180—DEC. 4, 1987 
.0'< 
(18) Museum site preparation and utilities in the amount of 
$2,500,000 at Fort Rucker, Alabama. 
. . . x.. 
TITLE II—NAVY 
* 
SEC. 2121. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
.l 
i 
UNITED STATES MARINE CORPS 
f^ 
Marine Corps Logistics Base, Albany, Georgia, $1,530,000. 
'• Marine Corps Logistics Base, Barstow, California, $3,230,000. 
Marine Corps Base, Camp Lejeune, North Carolina, $38,705,000. 
'^ Marine Corps Air Station, Camp Pendleton, California, $5,810,000. 
*' Marine Corps Base, Camp Pendleton, California, $31,470,000. 
Marine Corps Air Station, Cherry Point, North Carolina, 
$28,500,000. 
Marine Corps Air Station, El Toro, California, $3,160,000. 
^
< Marine Corps Air Station, Kaneohe Bay, Hawaii, $24,153,000. 
Marine Corps Air Station, New River, North Carolina, $6,530,000. 
Marine Corps Development and Education Command, Quantico, 
Virginia $4,900,000. 
- Marine Corps Air Station, Tustin, California, $5,110,000. 
Marine Corps Air-Ground Combat Center, Twentynine Palms, 
California, $25,900,000. 
Marine Corps Air Station, Yuma, Arizona, $9,280,000. 
SPACE AND NAVAL WARFARE SYSTEMS COMMAND 
Naval Surface Weapons Center, Dahlgren, Virginia, $30,620,000. 
Naval Underwater Systems Center, New London, Connecticut, 
$11,230,000 ($0). 
Naval Underwater System Center, Newport, Rhode Island, 
$750,000. 
Naval Coastal Systems Center, Panama City, Florida, $5,400,000. 
Naval Air Development Center, Warminster, 
Pennsylvania, 
$300,000. 
CHIEF OF NAVAL OPERATIONS 
Naval Space Surveillance Field Station, Hawkinsville, Georgia, 
$2,890,000. 
Naval Tactical Interoperability Support Activity Detachment Six, 
Mayport, Florida, $500,000. 
Naval Forces Central Command, Pearl Harbor, Hawaii, $2,260,000 
($0). 
Naval Air Detachment, Tinker Air Force Base, Oklahoma, 
$11,800,000. 
Commandant, Naval District, Washington, District of Columbia, 
$21,700,000. 
COMMANDER IN CHIEF, ATLANTIC FLEET 
t 
; Naval Station, Galveston, Texas, $28,300,000. 
Naval Station, Ingleside, Texas, $88,800,000. 
c 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1187 
Naval Air Station, Jacksonville, Florida, $4,630,000. 
Naval Air Station, Key West, Florida, $15,580,000. 
Naval Station, Lake Charles, Louisiana, $15,300,000. 
Naval Amphibious Base, Little Creek, Virginia, $23,320,000. 
Naval Station, Mayport, Florida, $1,480,000. 
Naval Station, Mobile, Alabama, $40,700,000. 
Naval Submarine Base, New London, Connecticut, $5,200,000 
($2,900,000). 
Naval Station, New York, New York, $16,200,000. 
Naval Air Station, Norfolk, Virginia, $4,970,000. 
Naval Air Station, Oceana, Virginia, $4,540,000. 
Naval Station, Pascagoula, Mississippi, $42,100,000. 
COMMANDER IN CHIEF, PACIFIC FLEET 
Naval Air Station, Adak, Alaska, $56,200,000. 
Naval Air Station, Alameda, California, $11,400,000. 
Trident Refit Facility, Bangor, Washington, $1,080,000. 
Naval Amphibious Base, Coronado, California, $2,760,000. 
Naval Station, Everett, Washington, $37,500,000. 
Naval Air Station, Lemoore, California, $2,560,000. 
Naval Station, Long Beach, California, $5,120,000 ($0). 
Naval Magazine, Lualualei, Hawaii, $5,310,000. 
Naval Air Station, Miramar, California, $6,500,000. 
Naval Air Station, North Island, California, $25,270,000. 
Commander, Oceanographic System, Pacific, Pearl Harbor, 
Hawaii, $1,280,000. 
Fleet Intelligence Center, Pacific, Pearl Harbor, Hawaii, 
$13,097,000. 
Naval Station, Pearl Harbor, Hawaii, $430,000. 
Naval Submarine Base, Pearl Harbor, Hawaii, $7,180,000. 
Naval Station, San Diego, California, $36,680,000. 
Naval Submarine Base, San Diego, California, $4,120,000. 
Naval Station, Treasure Islemd, San Francisco, California, 
$4,430,000. 
Naval Air Station, Whidbey Island, Washington, $12,650,000. 
CHIEF OF NAVAL EDUCATION AND TRAINING 
Surface Warfare Officers School Command District, Coronado, 
California, $4,130,000 ($0). 
Naval Air Station, Corpus Christi, Texas, $1,180,000. 
Fleet Combat Training Center, Atlantic, Dam Neck, Virginia, 
$450,000. 
Naval Guided Missiles School, Dam Neck, Virginia, $550,000. 
Naval Training Center, Great Lakes, Illinois, $6,910,000. 
Naval Air Station, Kingsville, Texas, $10,000,000. 
Naval Technical Training Center Detachment, Lackland Air 
Force Base, Texas, $10,800,000. 
Naval Air Station, Memphis, Tennessee, $11,220,000. 
Naval Education and Training Center, Newport, Rhode Island, 
$3,640,000. 
Naval Training Center, Orlando, Florida, $3,050,000. 
Naval Air Station, Pensacola, Florida, $28,200,000. 
Naval Technical Training Center, Pensacola, Florida, $8,170,000. 
Fleet Anti-Submarine Warfare Training Center, Pacific, San 
Diego, California, $5,020,000. 
101 STAT. 1188 
PUBLIC LAW 100-180—DEC. 4, 1987 
Naval Technical Training Center, San Francisco, California, 
$10,100,000. 
NAVAL MEDICAL COMMAND 
Naval Hospital Branch, Adak, Alaska $700,000. 
-
^Aj,^,.rf= 
c 
. 
NAVAL OCEANOGRAPHY COMMAND 
' '. 
Naval Oceanography Command, Bay St. Louis, Massachusetts, 
$1,600,000. 
Naval Eastern Oceanography Center, Norfolk, Virginia, $600,000. 
NAVAL TELECOMMUNICATIONS COMMAND 
*
- '^ 
Naval Communication Area Master Station, Atlantic, Norfolk, 
Virginia, $8,400,000. 
Naval Communication Station, Stockton, California, $2,800,000. 
NAVAL SECURITY GROUP COMMAND 
Naval Security Group Activity, Adak, Alaska, $2,860,000. 
Naval Security Group Activity, Northwest, Chesapeake, Virginia, 
$4,530,000. 
Naval Security Station, Wsishington, District of Columbia, 
$3,000,000. 
Naval Security Group Activity, Winter Harbor, Maine, $1,550,000. 
'' 
NAVAL INTELLIGENCE COMMAND 
Atlantic Fleet Headquarters Support Activity, Norfolk, Virginia, 
$5,070,000. 
NAVAL SUPPLY SYSTEMS COMMAND 
Naval Supply Center, Charleston, South Carolina, $8,170,000. 
Naval Supply Center, Jacksonville, Florida, $4,720,000. 
Navy Clothing and Textile Research Facility, Natick, Massachu-
setts, $1,870,000. 
Naval Supply Center, Norfolk, Virginia, $7,210,000. 
Naval Supply Center, Pearl Harbor, Hawaii, $3,280,000. 
Naval Supply Center, Pensacola, Florida, $1,000,000. 
-'' 
NAVAL AIR SYSTEMS COMMAND 
Naval Air Rework Facility, Alameda, California, $16,000,000. 
Naval Air Rework Facility, Cherry Point, North Carolina, 
$500,000. 
Naval Air Rework Facility, Jacksonville, Florida, $5,000,000. 
Naval Air Test Center, Patuxent River, Maryland, $6,500,000. 
Pacific Missile Test Center, Point Mugu, California, $650,000. 
NAVAL FACILITIES ENGINEERING COMMAND 
Naval Construction Battalion Center, Gulfport, 
Mississippi, 
$10,450,000. 
Navy Public Works Center, Norfolk, Virginia, $6,100,000. 
Navy Public Works Center, Pearl Harbor, Hawaii, $11,203,000. 
Navy Public Works Center, Pensacola, Florida, $4,150,000. 
Naval Construction Battalion Center, Port Hueneme, California, 
$5,870,000. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1189 
Navy Public Works Center, San Diego, California, $5,700,000. 
Navy Public Works Center, San Francisco, California, $11,700,000. 
NAVAL SEA SYSTEMS COMMAND 
Charleston 
Naval 
Shipyard, 
Charleston, 
South 
Carolina, 
$1,400,000. 
Naval Weapons Station, Charleston, South Carolina, $1,670,000. 
Naval Weapons Station, Concord, California, $4,640,000. 
Naval Weapons Support Center, Crane, Indiana, $8,290,000. 
Naval Weapons Station, Earle, New Jersey, $3,540,000. 
Naval Ordnance Station, Indian Head, Maryland, $6,860,000. 
Naval Undersea Warfare Engineering Station, Kejrport, Washing-
ton, $8,170,000. 
Philadelphia 
Naval 
Shipyard, 
Philadelphia, 
Pennsylvania, 
$5,800,000. 
Naval Weapons Station, Seal Beach, California, $15,970,000. 
Mare Island Naval Shipyard, Vallejo, California, $4,040,000. 
Naval Weapons Station, Yorktown, Virginia, $30,850,000 
($22,880,000). 
STRATEGIC SYSTEMS PROJECT OFFICE 
Naval Submarine Base, Kings Bay, Georgia, $95,025,000. 
VARIOUS LOCATIONS 
Land Acquisition, $8,091,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
UNITED STATES MARINE CORPS 
Marine Corps Air Station, Futenma, Okinawa, Japan, $1,000,000. 
Marine Corps Air Station, Iwakuni, Japan, $1,080,000. 
COMMANDER IN CHIEF, ATLANTIC FLEET 
Naval Support Activity, Antigua, West Indies, $3,250,000 ($0). 
Naval Facility, Brawdy Wales, United Kingdom, $850,000. 
Naval Station, Guantanamo Bay, Cuba, $917,000. 
Naval Air Station, Guantanamo Bay, Cuba, $1,770,000. 
Naval Air Station, Keflavik, Iceland, $4,870,000. 
Atlantic Fleet Weapons Training Facility, Roosevelt Roads, 
Puerto Rico, $2,020,000. 
COMMANDER IN CHIEF, PACIFIC FLEET 
Mobile 
Construction 
Battalion, 
Camp 
Covington, 
Guam, 
$14,700,000. 
Naval Air Station, Cubi Point, Republic of the Philippines, 
$1,490,000. 
Naval Support Facility, Diego Garcia, Indian Ocean, $1,000,000. 
Naval Facility, Guam, $650,000. 
Naval Magazine, Guam, $10,800,000. 
Naval Supply Depot, Guam, $14,160,000. 
Naval Ship Repair Facility, Guam, $5,100,000. 
101 STAT. 1190 
PUBLIC LAW 100-180—DEC. 4, 1987 
" 
COMMANDER IN CHIEF, UNITED STATES NAVAL FORCES EUROPE 
Naval Support Office, La Maddalena, Italy, $7,480,000. 
Naval Activities, London, United Kingdom, $600,000. 
Naval Support Activity, Naples, Italy, $20,150,000. 
Naval Air Station, Sigonella, Italy, $2,460,000. 
' * ; - ' , 
NAVAL TELECOMMUNICATIONS COMMAND 
Naval Communication Area Master Station, Mediterranean, 
Naples, Italy, $5,300,000. 
NAVAL SECURITY GROUP COMMAND 
Naval Security Group Activity, Edzell, Scotland, $4,970,000 
($770,000). 
Naval Security Group Activity, Sabana Seca, Puerto Rico, 
$400,000. 
Naval Security Group Activity, Terceira Island, Azores, $700,000. 
NAVAL FACIUTIES ENGINEERING COMMAND 
Navy Public Works Center, Guam, $2,360,000. 
Navy Public Works Center, Subic Bay, Republic of the Phil-
ippines, $7,680,000. 
SEC. 2122. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Navy 
may construct or acquire family housing units (including land ac-
quisition), using amounts 
appropriated 
pursuant 
to 
section 
2125(a)(8XA), at the following installations in the number of units 
shown, and in the amount shown, for each installation: 
Navy Public Works Center, San Diego, California, five hun-
dred and eighty units (three hundred units), $52,840,000 
^^r ($27,840,000). 
Navy Public Works Center, San Francisco, California, four 
hundred and forty-four units, $38,380,000. 
Nuclear Power Training Unit, Ballston Spa, New York, one 
hundred units, $8,810,000. 
(ft 
Naval Station, New York, New York, two hundred and fifty 
units, $25,490,000. 
Marine Corps Base, Camp Pendleton, California, two hundred 
and 
sixty-eight 
units 
(two 
hundred 
units), 
$25,760,000 
($17,760,000). 
^-i.f 
Marine Corps Air Station, El Toro, California, one hundred 
units, $8,660,000. 
Marine (Dorps Air-Ground Combat Center, Twent5rnine Palms, 
California, one hundred units, $11,530,000. 
Marine C!orps Air Station, Beaufort, South Carolina, thirty-
jTv, seven mobile home spaces, $540,000. 
Marine C!orps Recruit Depot, Parris Island, South Carolina, 
.-'8 twenty-five mobile home spaces, $370,000. 
Marine 
CJorps Development 
and 
Education 
Command, 
Jjif- Quantico, Virginia, ten mobile home spaces, $166,000. 
Marine (Dorps Finance C!enter, Kansas City, Missouri, eight 
mobile home spaces, $120,000. 
Naval Station, Keflavik, Iceland, two hundred fifty units, 
$20,000,000. 
-J- , 
, _ , ; ™„ . 
. . , . . . _ : . ; , . , , , „ , . , : . , . „ , . 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1191 
(b) PLANNING AND DESIGN.—The Secretary of the Navy may carry 
out architectural and engineering services and construction design 
activities, using amounts appropriated pursuant to section 
2125(aX8)(A), with respect to the construction or improvement of 
military family housing units in an amount not to exceed $6,248,000. 
SEC. 2123. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Navy may improve, using amounts 
appropriated pursuant to section 2125(aX8XA), existing military 
family housing units in the amount of $39,943,000. 
O
t
)
) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS.—Notwithstanding the maximum amount per unit 
for an improvement project under section 28250)) of title 10, United 
States Code, the Secretary of the Navy may carry out projects to 
improve existing military family housing units at the following 
installations in the number of units shown and in the amount 
shown, for each installation: 
Naval Station, Long Beach, California, two hundred forty-five 
units, $16,237,000. 
Naval Air Station, Whidbey Island, Seattle, Washington, sev-
enty-one units, $2,937,700. 
Navy Public Works Center, San Francisco, California, thirty-
six units, $2,331,600. 
Navy Public Works Center, San Francisco, California, twenty-
four units, $1,004,700. 
Naval Air Station, Brunswick, Maine, two hundred thirty-one 
units, $9,799,000. 
Marine Corps Development and Education Command, 
QuEuitico, Virginia, one hundred forty-eight units, $8,079,500. 
Navy Public Works Center, Guam, eighty-two units, 
$6,838,700. 
Naval Station, New York, New York, one hundred twenty 
units, $12,500,000. 
SEC. 2124. DEFENSE ACCESS ROADS 
The Secretary of the Navy may, using funds appropriated pursu-
ant to section 2125(aX7), make advcmces to the Secretary of 
Transportation for the construction of defense access roads under 
section 210 of title 23, United States Code, at the following locations 
and in the following amounts: 
Naval Construction Battalion Center, Hueneme, California, 
$800,000. 
Naval Air Station, Moffett Field, California, $400,000. 
Naval Station, San Diego, California, $350,000. 
Naval Station, Norfolk, Virginia, $1,200,000. 
Naval Submarine Base, Groton, Connecticut, $1,250,000. 
Naval Station, Everett, Washington, phase I, $10,000,000. 
SEC. 2125. AUTHORIZATION OF APPROPRIATIONS, NAVY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1987, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Navy in the total amount of 
$2,217,120,000 ($2,143,660,000) as follows: 
(1) For military construction projects inside the United States 
authorized by section 2121(a), $1,109,364,000 ($1,076,354,000). 
101 STAT. 1192 
PUBLIC LAW 100-180—DEC. 4, 1987 
^•' 
(2) For military construction projects outside the United 
States authorized by section 2121(b), $115,757,000 ($108,307,000). 
(3) For military construction projects at Kings Bay, Georgia,; 
•:; authorized by section 201(a) of the Military Construction-
Authorization Act, 1986, $28,675,000. 
(4) For military construction projects at Naval Weapons Sta-
tion, Earle, New Jersey, authorized by section 2201(a) of the 
Military Construction Authorization Act, 1987, $19,500,000. 
(5) For unspecified minor construction projects under section 
" 
2805 of title 10, United States Code, $16,500,000. 
(6) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$143,655,000. 
(7) For advances to the Secretary of Transportation for' 
construction of defense access roads under section 210 of title 
23, United States Code, $14,000,000. 
' 
(8) For military family housing functions— 
(A) for construction and acquisition of military family 
'''''-' •• housing and facilities, $238,857,000 ($205,857,000); and 
(B) for support of military housing (including functions 
''^''" 
described in section 2833 of title 10, United States Code), 
$530,812,000 of which not more than $14,347,000 may be 
'{>i 
obligated or expended for the leasing of military family 
housing in the United States, the Commonwealth of Puerto 
vlfu-i^ Rico, and Guam, and not more than $22,220,000 may be 
obligated or expended for the leasing of military family 
housing units in foreign countries, 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2121 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
SEC. 2126. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE BEEN 
APPROPRIATED 
(a) PROJECTS.—(1) In addition to the military construction projects 
authorized under title II of the Military Construction Authorization 
Act, 1987 (Public Law 99-661), the Secretary of the Navy may 
acquire real property and may carry out the following military 
construction projects in the following amounts which have been 
appropriated for such projects before the date of the enactment of 
this Act: 
Naval Supply Center, Pearl Harbor, Hawaii, Cold Storage 
Facility, $11,500,000. 
Naval Air Station, Memphis, Tennessee, Road Improvements, 
$1,570,000. 
Cubi Point, Republic of the Philippines, Bachelor Officers' 
Quarters, $5,300,000. 
(2) Notwithstanding the provisions of section 2853 of title 10, 
United States Code, and any other cost variation authorized by law, 
the total cost of the projects authorized by paragraph (1) may not 
exceed the total amount authorized for such projects by such 
paragraph. 
OD) FAMILY HOUSING.—In addition to the expenditures for 
improvements to military family housing authorized by section 2203 
of the Military Construction Authorization Act, 1987 (Public Law 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1193 
99-661), the Secretary of the Navy may make expenditures, out of 
funds appropriated before the date of the enactment of this Act, to 
improve existing family housing units, pursuant to section 2825 of 
title 10, United States Code, in an amount not to exceed $22,000,000. 
SEC. 2127. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1984 
PROJECTS.—Notwithstanding the provisions of section 607(a) of the 
Military Construction Authorization Act, 1984 (Public Law 98-115), 
authorizations for the following projects authorized in section 201 of 
that Act, as extended by section 2209(b) of the Military Construction 
Authorization Act, 1987 (Public Law 99-661), shall remain in effect 
until October 1, 1988, or the date of enactment of the Military 
Construction Authorization Act for fiscal year 1989, whichever is 
later: 
(1) Unaccompanied enlisted personnel housing in the amount 
of $10,000,000 at the Naval Air Station, Jacksonville, Florida. 
(2) Electrical distribution lines in the amount of $7,200,000 at 
the Mare Island Naval Shipyard, Vallejo, California. 
(3) Heating, Ventilation and Air Conditioning System, in the 
amount of $4,540,000 at the Naval Air Station, Alameda, 
California. 
(4) Land acquisition in the amount of $830,000 at the Naval 
Weapons Station, Concord, California. 
(b) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1986 
PROJECTS.—Notwithstanding the provisions of section 606(a) of the 
Military Construction Authorization Act, 1986 (Public Law 99-167), 
authorizations for the following projects authorized in section 201 of 
that Act shall remain in effect until October 1, 1988, or the date of 
enactment of a Military Construction Authorization Act for fiscal 
year 1989, whichever is later: 
(1) Plating shop modernization in the amount of $12,740,000 
at the Naval Ordnance Station, Louisville, Kentucky. 
(2) Bachelors enlisted quarters and mess hall in the amount of 
$4,700,000 at the Naval Magazine, Guam. 
(3) Physical fitness center in the amount of $5,380,000 at the 
Marine Corps Air-Ground Combat Center, Twentynine Palms, 
California. 
(4) Dredging in the amount of $6,570,000 at the Naval Supply 
Center, Oakland, California. 
(5) Dredging in the amount of $8,650,000 at the Naval Air 
Station, Alameda, California. 
(6) Paint and finishing hangar in the amount of $22,000,000 at 
the Naval Air Rework Facility, Alameda, California. 
(7) Combat swimmer trainer facility in the amount of 
$3,000,000 at the Naval Amphibious Base, Coronado, California. 
(8) Communications facilities in the amount of $2,750,000 at 
the Naval Station, Guantanamo Bay, Cuba. 
(9) Seabee material transit facility in the amount of $6,960,000 
at the Naval Construction Battalion Center, Port Hueneme, 
California. 
SEC. 2128. NAVAL WEAPONS STATION, EARLE, NEW JERSEY 
Section 2201(a) of the Military Construction Authorization Act, 
1987 (division B of Public Law 99-661) is amended by striking out 
100 Stat. 4020. 
"Naval Weapons Station, Earle, New Jersey, $34,760,000" and 
101 STAT. 1194 
PUBLIC LAW 100-180—DEC. 4, 1987 
inserting in lieu thereof "Naval Weapons Station, Earle, New 
Jersey, $54,760,000". 
TITLE III—AIR FORCE 
SEC. 2131. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS 
(a> INSIDE THE UNITED STATES.—The Secretary of tfie Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
AIR FORCE LOGISTICS COMMAND 
Hill Air Force Base, Utah, $46,600,000 ($34,100,000). 
r.^ 
Kelly Air Force Base, Texas, $30,650,000. 
' 
McClellan Air Force Base, California, $24,500,000. 
Newark Air Force Base, Ohio, $580,000. 
Robins Air Force Base, Georgia, $15,500,000. 
Tinker Air Force Base, Oklahoma, $11,500,000. 
Wright-Patterson Air Force Base, Ohio, $22,750,000. 
AIR FORCE SYSTEMS COMMAND 
Arnold Engineering Development Center, Tennessee, $17,500,000. 
Edwards Air Force Base, California, $5,750,000. 
Eglin Air Force Base, Florida, $23,050,000. 
AIR NATIONAL GUARD 
Buckley Air National Guard Base, Colorado, $16,900,000. 
AIR TRAINING COMMAND 
Chanute Air Force Base, Illinois, $8,350,000. 
Columbus Air Force Base, Mississippi, $5,450,000. 
Goodfellow Air Force Base, Texas, $5,500,000. 
Keesler Air Force Base, Mississippi, $6,300,000. 
Lackland Air Force Base, Texas, $13,900,000. 
Laughlin Air Force Base, Texas, $1,872,000. 
Lowry Air Force Base, Colorado, $7,050,000. 
Mather Air Force Base, California, $4,800,000. 
Randolph Air Force Base, Texas, $8,100,000 ($5,800,000). 
Reese Air Force Base, Texas, $610,000. 
Sheppard Air Force Base, Texas, $13,700,000. 
Vance Air Force Base, Oklahoma, $3,190,000. 
Williams Air Force Base, Arizona, $3,350,000. 
AIR UNIVERSm 
Gunter Air Force Station, Alabama, $8,800,000. 
Maxwell Air Force Base, Alabama, $24,200,000. 
ALASKAN AIR COMMAND 
'^ 
Eielson Air Force Base, Alaska, $10,165,000. 
Elmendorf Air Force Base, Alaska, $11,000,000 ($4,300,000). 
A
, 
Shemya Air Force Base, Alaska, $38,350,000. 
Various Locations, $15,800,000. 
, 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1195 
MILITARY AIRLIFT COMMAND 
Altus Air Force Base, Oklahoma, $14,600,000. 
Andrews Air Force Base, Maryland, $20,000,000. 
Dover Air Force Base, Delaware, $5,050,000 ($2,300,000). 
Kirtland Air Force Base, New Mexico, $53,400,000. 
Little Rock Air Force Base, Arkansas, $400,000. 
McGuire Air Force Base, New Jersey, $1,640,000. 
Pope Air Force Base, North Carolina, $11,000,000. 
Scott Air Force Base, Illinois, $7,080,000. 
Travis Air Force Base, California, $1,500,000. 
PACIFIC AIR FORCES 
Bellows Air Force Base, Hawaii, $460,000. 
Hickam Air Force Base, Hawaii, $900,000. 
Kaena Point, Hawaii, $3,400,000. 
SPACE COMMAND 
Cape Cod Air Force Station, Massachusetts, $2,150,000. 
Cavalier Air Force Station, North Dakota, $3,750,000. 
Clear Air Force Base, Alaska, $4,000,000. 
Falcon Air Force Station, Colorado, $2,150,000 ($0). 
Peterson Air Force Base, Colorado, $12,150,000 ($1,650,000). 
SPECIAL PROJECT 
Various Locations, CONUS, $19,073,000. 
STRATEGIC AIR COMMAND 
Barksdale Air Force Base, Louisiana, $3,700,000. 
Beale Air Force Base, California, $7,180,000 ($2,180,000). 
Blytheville Air Force Base, Arkansas, $6,500,000. 
Carswell Air Force Base, Texas, $5,010,000. 
Castle Air Force Base, California, $10,650,000. 
Dyess Air Force Base, Texas, $3,600,000. 
Ellsworth Air Force Base, South Dakota, $11,550,000. 
Fairchild Air Force Base, Washington, $6,000,000. 
F.E. Warren Air Force Base, Wyoming, $308,000. 
Grand Forks Air Force Base, North Dakota, $1,600,000. 
Griffiss Air Force Base, New York, $14,830,000. 
Holbrook Radar Bomb Score Site, Arizona, $1,890,000. 
K.I. Sawyer Air Force Base, Michigan, $3,030,000. 
Loring Air Force Base, Maine, $17,480,000 ($4,380,000). 
Malmstrom Air Force Base, Montana, $18,760,000. 
McConnell Air Force Base, Kansas, $4,750,000 ($2,550,000). 
Minot Air Force Base, North Dakota, $8,600,000. 
Offutt Air Force Base, Nebraska, $10,660,000. 
Plattsburgh Air Force Base, New York, $2,900,000. 
Vandenberg Air Force Base, California, $1,300,000. 
Whiteman Air Force Base, Missouri, $89,300,000. 
Wilder, Idaho, $2,350,000. 
Wurtsmith Air Force Base, Michigan, $13,620,000. 
TACTICAL AIR COMMAND 
Bangor International Airport, Maine, $1,500,000. 
101 STAT. 1196 
PUBLIC LAW 100-180—DEC. 4, 1987 
Base 51, $610,000. 
Base 52, $600,000. 
,. 
. 
.. 
Bergstrom Air Force Base, Texas, $9,190,000. 
Cannon Air Force Base, New Mexico, $7,000,000. 
Davis-Monthan Air Force Base, Arizona, $8,000,000 ($1,000,000). 
England Air Force Base, Louisiana, $2,300,000. 
George Air Force Base, California, $210,000. 
Holloman Air Force Base, New Mexico, $7,750,000. 
Indian Springs Auxiliary Air Field, Nevada, $4,400,000. 
Langley Air Force Base, Virginia, $9,150,000. 
Luke Air Force Base, Arizona, $5,400,000 ($2,800,000). 
^ 
MacDill Air Force Base, Florida, $3,741,000. 
Mountain Home Air Force Base, Idaho, $1,900,000. 
Nellis Air Force Base, Nevada, $14,050,000. 
- 
• 
. 
rj 
Seymour-Johnson Air Force Base, North Carolina, $11,950,000. 
Shaw Air Force Base, South Carolina, $4,980,000. 
Tyndall Air Force Base, Florida, $2,000,000. 
UNITED STATES AIR FORCE ACADEMY 
Air Force Academy, Colorado, $2,680,000. 
VARIOUS LOCATIONS 
Classified Location, $1,500,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
M I U T A R Y A I R U F T COMMAND 
Lajes Field, Portugal, $4,600,000. 
Rhein-Main Air Base, Germany, $11,450,000. 
PACIFIC AIR FORCES 
Camp Humphreys, Korea, $5,550,000. 
Clark Air Base, Republic of the Philippines, $9,540,000. 
Diego Garcia Air Base, Indian Ocean, $18,600,000. 
Kadena Air Base, Japan, $5,000,000. 
Kunsan Air Base, Korea, $5,750,000. 
Osan Air Base, Korea, $16,640,000. 
Suwon Air Base, Korea, $3,650,000. 
SPACE COMMAND 
Thule Air Base, Greenland, $3,000,000. 
STRATEGIC AIR COMMAND 
Andersen Air Force Base, Guam, $8,700,000 ($5,100,000). 
TACTICAL AIR COMMAND 
Howard Air Force Base, Panama, $11,000,000 ($310,000). 
* " 
Masirah, Oman, $3,325,000. 
, 
_ ; 
Seeb, Oman, $8,260,000. 
Thumrait, Oman, $5,010,000. 
,sfTi.siv!; ,«)••'--"-."'^.. 
^a^->" xo^n^^ 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1197 
^? 
'. 
UNITED STATES AIR FORCES IN EUROPE 
RAF Alconbury, United Kingdom, $2,150,000. 
Ankara Air Station, Turkey, $2,250,000. 
Aviano Air Base, Italy, $1,450,000. 
RAF Bentwaters, United Kingdom, $9,900,000. 
Bitburg Air Base, Germany, $4,690,000. 
Buchel Air Base, Germany, $2,000,000. 
Camp New Amsterdam, The Netherlands, $2,600,000. 
RAF Chicksands, United Kingdom, $1,250,000. 
RAF Croughton, United Kingdom, $900,000. 
RAF Fairford, United Kingdom, $11,550,000. 
Hahn Air Base, Germany, $5,770,000. 
Incirlik Air Base, Turkey, $6,750,000 ($3,750,000). 
RAF Lakenheath, United Kingdom, $3,620,000. 
Memmingen Air Base, Germany, $2,000,000. 
Pruem Air Station, Germany, $2,000,000. 
Ramstein Air Base, Germany, $13,360,000. 
San Vito Air Station, Italy, $390,000. 
Sembach Air Base, Germany, $1,100,000. 
Spangdahlem Air Base, Germany, $5,050,000. 
RAF Welford, United Kingdom, $1,200,000. 
Wenigerath Storage Site, Germany, $1,750,000. 
RAF Wethersfield, United Kingdom, $1,300,000. 
Zweibrucken Air Base, Germany, $4,500,000. 
VARIOUS LOCATIONS 
Base 89, $4,300,000. 
SEC. 2132. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Air 
Force may construct or acquire family housing units (including land 
acquisition), using amounts appropriated pursuant to section 
2135(a)(6)(A), at the following installations in the number of units 
shown, and in the amount shown, for each installation: 
Holbrook, Arizona, thirty-four units, $2,530,000. 
Clark Air Base, Philippines, three hundred units, $23,260,000. 
RAF Bentwaters, United Kingdom, Family Housing Manage-
ment Office, $330,000. 
(b) PLANNING AND DESIGN.—The Secretary of the Air Force may 
carry out architectural and engineering services and construction 
design activities, using amounts appropriated pursuant to section 
2135(a)(6XA), with respect to the construction or improvement of 
military family housing units in an amount not to exceed $7,000,000. 
SEC. 2133. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Air Force may improve, using amounts 
appropriated pursuant to section 2135(aX6XA), existing military 
family housing units in an amount not to exceed $132,800,000 
($110,000,000). 
(b) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS.—Notwithstanding the maximum amount per unit 
for an improvement project under section 2825(b) of title 10, United 
States Code, the Secretary of the Air Force may carry out projects to 
improve existing military family housing units at the following 
101 STAT. 1198 
PUBLIC LAW 100-180—DEC. 4, 1987 
installations, in the number of units shown, and in the amount 
shown, for each installation: 
Maxwell Air Force Base, Alabama, twenty units, $758,000; 
fiftv-six units, $2,710,000. 
Elmendorf 
Air 
Force 
Base, 
Alaska, 
sixty-four 
units, 
$4,669,000. 
Lowry Air Force Base, Colorado, one unit, $74,000. 
Peterson Air Force Base, Colorado, six units, $363,000. 
Eglin Auxiliary Airfield No. 9, Florida, one hundred and 
sixty-four units, $3,177,000. 
MacDill Air Force Base, Florida, seven units, $556,000; one 
unit, $110,000. 
Scott Air Force Base, Illinois, three units, $239,000. 
Barksdale Air Force Base, Louisiana, one hundred and four-
teen units, $5,342,000. 
England Air Force Base, Louisiana, one hundred and six 
units, $3,465,000. 
Andrews Air Force Base, Maryland, five units, $325,000. 
Offutt 
Air Force Base, Nebraska, two hundred units, 
$8,122,000. 
Pease Air Force Base, New Hampshire, two hundred units, 
$12,361,000. 
McGuire Air Force Base, New Jersey, one hundred units, 
$4,263,000. 
Plattsburgh Air Force Base, New York, twenty-nine units, 
$2,800,000. 
Shaw Air Force Base, South Carolina, one hundred and 
twenty-five units, $4,385,000; one hundred and thirty-one units, 
$4,702,000. 
Carswell Air Force Base, Texas, one hundred and thirty-six 
units, $7,904,000; one hundred fifty-five units, $9,100,000. 
Kelly Air Force Base, Texas, eighteen units, $1,356,000. 
Lackland Air Force Base, Texas, one unit, $46,000. 
Randolph Air Force Base, Texas, five units, $400,000. 
Langley Air Force Base, Virginia, seven units, $540,000. 
Fairchild Air Force Base, Washington, two hundred and two 
units, $10,121,000. 
Ramstein Air Base, Germany, eight units, $536,000; two hun-
dred and forty units, $11,202,000; two hundred and eighty units, 
$16,990,000. 
Kadena Air Base, Japan, eighty-two units, $4,143,000; four 
units, $407,000; one hundred and ninety-nine units, $12,177,000. 
Yokota Air Base, Japan, ninety-five units, $5,061,000. 
RAF Mildenhall, United Kingdom, two units, $183,000. 
(c) WAIVER OF SPACE LIMITATION FOR GENERAL OFFICER'S QUAR-
TERS.—(1) To support the United States Central 
Command 
(USCENTCOM), the Tactical Air Command (TAC), and the United 
States Transportation Command, the Secretary of the Air Force 
may, subject to the requirement of section 2103(cX3), carry out 
family housing improvement projects to add to and alter existing 
family housing units and (notwithstanding section 2826(a) of title 10, 
United States Code) increase the net floor area of one family hous-
ing unit at Shaw Air Force Base, South Carolina, to not more than 
2,600 square feet, and increase the net floor area of one family 
housing unit at MacDill Air Force Base, Florida, and three converted 
family housing units at Scott Air Force Base, Illinois, to not more 
than 3,000 square feet. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1199 
(2) For purposes of this subsection the term "net floor area" has 
the same meaning given that term by section 2826(f) of title 10, 
United States Code. 
SEC. 2134. DEFENSE ACCESS ROADS 
The Secretary of the Air Force may, using funds appropriated 
pursuant to section 2135(aX5), make advances to the Secretary of 
Transportation for the construction of defense access roads under 
section 210 of title 23, United States Code, at Havre Air Force 
Station, Montana, in an amount not to exceed $4,100,000. 
SEC. 2135. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE 
(a) IN GENEBAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1987, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Air Force in the total amount of 
$2,109,703,000 ($2,002,813,000) as follows: 
(1) For military construction projects inside the United States 
authorized by section 2131(a), $912,949,000 ($846,149,000). 
(2) For military construction projects outside the United 
States authorized by section 2131(b), $198,005,000 ($180,715,000). 
(3) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $16,000,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$120,336,000. 
(5) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $4,100,000. 
(6) For military family housing functions— 
(A) for construction and acquisition of military family 
, ..... 
housing and facUities, $165,920,000 ($143,120,000); and 
(B) for support of militaiy housing (including functions 
described in section 2833 of title 10, United States Code), 
$692,393,000 of which not more than $8,818,000 may be 
j; 
obligated or expended for the leasing of military family 
housing units in the United States, the Commonwealth of 
Puerto Rico, and Guam, and not more than $68,024,000 may 
be obligated or expended for the leasing of militaiy family 
housing units in foreign countries. 
O
t
)
) LIMITATION ON TOTAL COST OF (DONSTRUCTION PROJECTS.—Not-
withstandiiu^ the cost variations authorized by section 2353 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2131 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
SEC. 2136. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE BEEN 
APPROPRIATED 
(a) IN GENERAL.—In addition to the military construction projects 
authorized under title III of the Military Construction Authorization 
Act, 1987 (Public Law 99-661), the Secretary of the Air Force may 
acquire real property and may carry out the following military 
construction projects in the following amounts which have been 
appropriated for such projects before the date of the enactment of 
this Act: 
101 STAT. 1200 
PUBLIC LAW 100-180—DEC. 4, 1987 
Goodfellow Air Force Base, TexEis, Unaccompanied Officer 
Personnel Housing, $10,000,000. 
Clark Air Base, Republic of Philippines, as follows: 
(1) Aerospace systems branch, $1,050,000. 
(2) Alter unaccompanied enlisted personnel housing, 
$1,850,000. 
(3) Alter unaccompanied enlisted personnel housing, 
$3,150,000. 
r.;,-=. 
: 
(4) Child care center, $2,000,000. 
(5) COPE THUNDER operations facility, $4,650,000. 
(6) Essential maintenance facility, phase II, $4,650,000. 
(7) Fire station, $760,000. 
i 
(8) Petroleum operations facility, $1,600,000. 
(9) Portomod warehouse, $460,000. 
Bl5^heville 
Air 
Force 
Base, 
Arkansas, 
Gymnasium, 
$2,750,000. 
(b) LIMITATION.—Notwithstanding the provisions of section 2853 of 
title 10, United States Code, and any other cost variation authorized 
by law, the total cost of the projects authorized by subsection (a) may 
not exceed the total amount authorized for such projects by such 
subsection. 
SEC. 2137. EXTENSION OF CERTAIN PREVIOUS AUTHORIZATIONS 
Notwithstanding the provisions of section 603(a) of the Military 
Construction 
Authorization 
Act, 1986 (Public Law 99-167), 
authorizations for the following projects authorized in sections 301 
and 302 of that Act shall remain in effect until October 1, 1988, or 
the date of the enactment of a Military Construction Authorization 
Act for fiscal year 1989, whichever is later: 
(1) Cold Storage Facility, in the amount of $3,350,000 at Lowry 
Air Force Base, Colorado. 
(2) Portomod Support in the amount of $300,000 at Kunsan 
Air Base, Korea. 
(3) Portomod Support in the amount of $260,000 at Kwang-Ju 
Air Base, Korea. 
(4) Portomod Support in the amount of $860,000 at Osan Air 
Base, Korea. 
(5) TR-1 Ground Station in the amount of $4,500,000 at Base 
30, at a location overseas. 
(6) Chemical Warfare Protection—Avionics Shop in the 
amount 
of $1,450,000 at 
Camp New Amsterdam, The 
Netherlands. 
(7) GEODSS—Composite Support Facility in the amount of 
$2,250,000 and a Spacetrack Observation Facility in the amount 
of $12,400,000 at GEODSS Site 5 in Portugal. 
TITLE IV—DEFENSE AGENCIES 
SEC. 2141. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of Defense may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1201 
DEFENSE COMMUNICATION AGENCY 
Naval Station, Anacostia, District of Columbia, $30,170,000 
($5,000,000). 
DEFENSE INTELLIGENCE AGENCY 
Boiling Air Force Base, District of Columbia, $805,000. 
DEFENSE LOGISTICS AGENCY 
Defense Fuel Support Point, Key West, Florida, $9,400,000. 
Defense Depot, Memphis, Tennessee, $11,361,000. 
Defense General Supply Center, Richmond, Virginia, $22,300,000. 
DEFENSE MEDICAL FACIUTIES OFFICE 
Fort Wainwright, Alaska, $9,100,000. 
Kings Bay, Georgia, $6,600,000. 
Malmstrom Air Force Base, Montana, $16,500,000, 
McGuire Air Force Base, New Jersey, $550,000. 
Lackland Air Force Base, Texas, $1,350,000. 
Langley Air Force Base, Virginia, $1,500,000. 
Naval Station, Whidbey Island, Washington, $16,500,000 ($0). 
DEFENSE NUCLEAR AGENCY 
Field Command, Kirtland Air Force Base, New Mexico, $1,127,000. 
DEPARTMENT OF DEFENSE DEPENDENTS SCHOOL 
Hanscom Air Force Base, Massachusetts, $4,432,000. 
NATIONAL DEFENSE UNIVERSITY 
Fort McNair, District of Columbia, $5,000,000. 
NATIONAL SECURITY AGENCY 
Fort Meade, Maryland, $8,450,000. 
OFFICE OF THE SECRETARY OF DEFENSE 
Classified Location, $25,386,000. 
Classified Location, $43,148,000. 
STRATEGIC DEFENSE INITIATIVE 
Fort Monmouth, New Jersey, $3,450,000. 
White Sands Missile Range, New Mexico, $3,180,000. 
(h) OUTSIDE THE UNITED STATES.—The Secretary of Defense may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
DEFENSE COMMUNICATIONS AGENCY 
Patch Barracks, Stuttgart, Germany, $1,030,000. 
RAF Croughton, United Kingdom, $500,000. 
101 STAT. 1202 
PUBLIC LAW 100-180—DEC. 4, 1987 
DEFENSE MEDICAL FACILITIES OFFICE 
Classified, $6,400,000. 
.?*.:/! 
. - . . / , . - / 
. ,i-;^ 
Classified, $7,000,000. 
Rheinberg, Germany, $2,250,000. 
Iraklion Air Station, Greece, $340,000. 
Naval Air Station, Sigonella, Italy, $20,000,000. 
? A - 
r 
San Vito Air Station, Italy, $670,000. 
Camp Lester, Japan, $1,400,000. 
Misawa Air Base, Japan, $4,700,000. 
Woensdrecht, The Netherlands, $360,000. 
-^ B 
' J 
Subic Bay, Republic of the Philippines, $3,500,000. 
Incirlik Air Base, Turkey, $15,260,000. 
RAF Fairford, United Kingdom, $7,300,000. 
RAF Wethersfield, United Kingdom, $740,000. 
RAF Bentwaters, United Kingdom, $1,300,000. 
DEFENSE NUCLEAR AGENCY 
Johnston Island, $4,100,000. 
DEPARTMENT OF DEFENSE DEPENDENT SCHOOLS 
Bitberg, Germany, $2,413,000. 
— 
. ^ , 
. .. ; 
Schweinfurt, Germany, $5,320,000. 
Sembach, Germany, $2,930,000. 
Spangdahlem, Germany, $7,300,000. 
, 
. . 
Stuttgart, Germany, $3,030,000. 
Wuerzburg, Germany, $3,153,000. 
San Miguel, Republic of the Philippines, $2,960,000. 
Fort Buchanan, Puerto Rico, $1,200,000. 
^ 
.~.^<.\ 
Incirlik Air Base, Turkey, $7,746,000. 
NATIONAL SECURITY AGENCY 
Classified, $15,000,000. 
' " ' - 
-' 
'^ 
STRATEGIC DEFENSE INITIATIVE 
Pacific Missile Range, Kwajalein, $16,565,000. 
^ 
' 
' '^ 
SEC. 2142. FAMILY HOUSING 
The Secretary of Defense may construct or acquire four family 
housing units (including land acquisition), using amounts appro-
priated pursuant to section 2145(aX10)(A), at classified locations in 
the total amount of $1,000,000. 
SEC. 2143. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
Subject to section 2825 of title 10, United States Code, the Sec-
retary of Defense may improve, using amounts appropriated pursu-
ant to section 2145(aX10XA), existing military family housing units 
in an amount not to exceed $186,000. 
SEC. 2144. DEFENSE ACCESS ROADS 
The Secretary of Defense may, using funds appropriated pursuant 
to section 2145(aX8), make advances to the Secretary of Transpor-
tation for the construction of defense access roads under section 210 
of title 23, United States Code, at Brooke Army Medical Center, San 
Antonio, Texas, in an amount not to exceed $8,600,000. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1203 
SEC. 2145. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1987, for military 
construction, land acquisition, and military family housing func-
tions of the Department of Defense (other than the military depart-
ments), in the total amount of $577,076,000 ($530,406,000) as follows: 
(1) For military construction projects inside the United States 
authorized by section 2141(a), $220,309,000 ($178,639,000). 
(2) For military construction projects outside the United 
States authorized by section 2141(b), $144,467,000. 
(3) For military construction projects at Fort Meade, Mary-
land, authorized by section 101(a) of the Military Construction 
Authorization Act, 1986, $15,000,000. 
(4) For military construction projects at Fort Lewis, Wsishing-
ton, authorized by section 101(a) of the Military Construction 
Authorization Act, 1985, $86,000,000. 
(5) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $9,200,000 ($6,000,000). 
(6) For contingency construction projects of the Secretary of 
Defense under section 2804 of title 10, United States Code, 
$10,000,000. 
(7) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$57,800,000 ($56,000,000). 
(8) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
1% 23, United States Code, $8,600,000. 
(9) For conforming storage facilities constructed under the 
r 
authority 
of section 2404 of the Military 
Construction 
Authorization Act, 1987 (division B of Public Law 99-661), 
$5,000,000. 
(10) For military family housing functions— 
-. 
(A) for construction and acquisition of military family 
housing and facilities, $1,186,000; and 
(B) for support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$19,514,000, of which not more than $15,188,000 may be 
obligated or expended for the leasing of military family 
housing units in foreign countries. 
O
t
)
) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstandirig the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variations authorized by 
law, the total cost of all projects carried out under section 2141 may 
not exceed the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(c) PROJECT.—Of the amount appropriated pursuant to the 
authorization in subsection (aX7), at least $2,000,000 shall be used 
for the planning and design of a bridge for route 32 over the Gladys 
Spellman Memorial Parkway providing access to the National Secu-
rity Agency. 
SEC. 2146. AUTHORIZATION OF PROJECT FOR WHICH APPROPRIATIONS 
HAVE BEEN MADE 
In addition to the military construction projects authorized under 
title IV of the Military Construction Authorization Act, 1987 (Public 
Law 99-661), the Secretary of Defense may acquire real property 
and may carry out a military construction project for a medical 
101 STAT. 1204 
PUBLIC LAW 100-180—DEC. 4, 1987 
center clinic annex addition/alteration at Vandenberg Air Force 
Base, California, in the amount of $1,900,000 which has been appro-
priated for such project before the date of the enactment of this Act. 
SEC. 2147. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) 
EXTENSION 
OF AUTHORIZATION OF A FISCAL YEAR 
1985 
PROJECT.—Notwithstanding the provisions of section 607(a) of the 
Military Construction Authorization Act, 1985 (Public Law 98-407), 
authorization for a Conforming Storeige Facility in the amount of 
$1,950,000 at the Defense Property Disposal Office, Pearl Harbor 
Naval Shipyard, Hawaii, authorized in section 401 of that Act, and 
extended by section 2406 of the Military Construction Authorization 
Act, 1987 (Public Law 99-661), shall remain in effect until October 1, 
1988, or the date of enactment of the Military Construction 
Authorization Act for fiscal year 1989, whichever is later. 
(b) EXTENSION OP AUTHORIZATION OF CERTAIN FISCAL YEAR 1986 
PROJECTS.—(1) Notwithstanding the provisions of section 606(a) of 
the Military Construction Authorization Act, 1986 (Public Law 99-
167), authorizations for the following projects authorized in section 
401 of that Act shall remain in effect until October 1, 1988, or the 
date of enactment of the Military Construction Authorization Act 
for fiscal year 1989, whichever is later: 
(A) Conforming Storage Facility in the amount of $1,390,000 
at Defense Property Disposal Office, Anchorage, Alaska. 
(B) Facility Rehabilitation in the amount of $1,320,000 at 
Defense Property Disposal Office, Alameda, California. 
(C) Conforming Storage Facility in the amount of $825,000 at 
-; 
Defense Property Disposal Office, Barstow, California. 
(D) Conforming Storage Facility in the amount of $625,000 at 
,i 
Defense Property Disposal Office, Groton, Connecticut. 
(E) Fire Protection in the amount of $1,040,000 at Defense 
Fuel Support Point, Newington, New Hampshire. 
\ 
'i 
(F) Steam Distribution System in the amount of $510,000 at 
Defense Depot, Ogden, Utah. 
1 
(G) Covered Storage in the amount of $1,020,000 at F.E. 
' 
Warren Air Force Base, Cheyenne, Wyoming. 
(2) Notwithstanding the provisions of section 606(a) of the Military 
\ 
Construction Authorization Act, 1986 (Public Law 99-167), the 
' 
authorization for the Elementary and High School in the amount of 
I ' 
$7,080,000 at Florennes, Belgium, authorized in section 402 of such 
Act shall remain in effect until October 1, 1988, or the date of 
enactment of a Military Construction Authorization Act for fiscal 
year 1989, whichever is later. 
SEC. 2148. BROOKE ARMY MEDICAL CENTER 
(a) INCREASE IN PROJECT AMOUNT.—(1) Section 2401(a) of the 
Military Construction Authorization Act, 1987 (division B of Public 
Law 99-661; 100 Stat. 4034), is amended by striking 
out 
"$135,000,000" in the item relating to Fort Sam Houston, Texas 
under the heading relating to Defense Medical Facilities Office and 
inserting in lieu thereof "$241,000,000". 
(2) The limitation on the total cost of projects carried out under 
section 2401 of such Act shall be increased by $106,000,000. 
OJ) REPORT.—Not later them March 1, 1988, the Secretary of 
Defense shall transmit to the Committees on Armed Services of the 
Senate and the House of Representatives a report containing— 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1205 
(1) a cost estimate for the construction of the medical facility 
at Brooke Army Medical Center, San Antonio, Texas, au-
thorized by section 2401 of the Military Construction Authoriza-
tion Act, 1987 (division B of Public Law 99-661), with space for 
450 beds; 
(2) a cost estimate for the construction of such medical facility 
with space for 200 beds and an estimate of the costs likely to be 
incurred as a result of the transfer of services from Brooke 
Army Medical Center to Wilford Hall Air Force Hospital; and 
(3) a cost estimate of the expansion of such medical facility 
from 200 to 450 beds. 
SEC. 2149. CONFORMING STORAGE FACILITIES 
Subsection (a) of section 2404(a) of the Military Construction 
Authorization Act, 1987 (division B of Public Law 99-661), is l
O
O Stat. 4037. 
amended to read as follows: 
"(a) AUTHORITY TO CONSTRUCT.—The Secretary of Defense may, 
using not more than $10,000,000 appropriated for fiscal year 1987 
pursuant to the authorization in section 2405(a) of this Act and not 
more than $5,000,000 appropriated for fiscal year 1988 pursuant to 
the authorization in section 2145(a) of the Military Construction 
Authorization Act, 1988 and 1989, carry out military construction 
projects not otherwise authorized by law for the construction of 
conforming storage facilities.". 
SEC. 
2150. CONSTRUCTION OF A NATIONAL TEST FACILITY FOR THE 
STRATEGIC DEFENSE INITIATIVE 
Of the funds appropriated to the Department of Defense pursuant 
to section 201 for research, development, test, and evaluation for 
fiscal year 1988 in connection with the Strategic Defense Initiative 
program, not more than $70,000,000 may be used for the planning 
and construction of a National Test Facility for the Strategic 
Defense Initiative at Falcon Air Force Base, Colorado. 
TITLE V—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
SEC. 2151. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
The Secretary of Defense may m£ike contributions for the North 
Atlantic Treaty Organization Infrastructure Program as provided in 
section 2806 of title 10, United States C!ode, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2152 and the amount collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States. 
SEC. 2152. AUTHORIZATION OF APPROPRIATIONS, NATO 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1987, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States Code, 
for the share of the United States of the cost of projects for the 
North Atlantic Treaty Organization Infrastructure Program as au-
thorized by section 2151, in the amount of $386,000,000. 
101 STAT. 1206 
PUBLIC LAW 100-180—DEC. 4, 1987 
TITLE VI—GUARD AND RESERVE FORCES FACILITIES 
SEC. 2161. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
There are authorized to be appropriated for fiscal years beginning 
after September 30, 1987, for the costs of acquisition, architectural 
and engineering services, and construction of facilities for the Guard 
and Reserve Forces, and for contributions therefor, under chapter 
133 of title 10, United States Code (including the cost of acquisition 
of land for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$177,289,000; and 
(B) for the Army Reserve, $88,100,000. 
^- ' 
' 
(2) For the Department of the Navy, for the Naval and Marine 
Corps Reserves, $68,737,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$141,091,000; and 
(B) for the Air Force Reserve, $74,300,000. 
TITLE VII—EXPIRATION OF AUTHORIZATIONS 
SEC. 2171. EXPIRATION OF AUTHORIZATIONS 
(a) EXPIRATION OF AUTHORIZATIONS AFTER Two YEARS.—Except as 
provided in subsection (b), all authorizations contained in titles I 
through V of this subdivision for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the NATO Infrastructure Program (and authorizations of appro-
priations therefor) shall expire on October 1, 1989, or the date of the 
enactment of the Military Construction Authorization Act for fiscal 
year 1990, whichever is later. 
(b) EXCEPTION.—The provisions of subsection (a) do not apply to 
authorizations for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to the 
NATO Infrastructure Program (and authorizations of appropria-
tions therefor), for which appropriated funds have been obligated 
before October 1, 1989, or the date of the enactment of the Military 
Construction Authorization Act for fiscal year 1990, whichever is 
later, for construction contracts, land acquisition, family housing 
projects and facilities, or contributions to the NATO Infrastructure 
Program. 
Subdivision 2—Fiscal Year 1989 
TITLE I~ARMY 
SEC. 2201. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Army may 
acquire real property and may carry out military construction 
projects at Fort Wainwright, Alaska, in the amount of $28,100,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Army may 
acquire real property and may carry out military construction 
projects at Vilseck, Germany, in the amount of $13,000,000. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1207 
SEC. 2202. FAMILY HOUSING 
(a) IN GENERAL.—The Secretary of the Army may construct or 
acquire one hundred and twenty-eight family housing units (includ-
ing land acquisition) at Fort Drum, New York, in the amount of 
$10,000,000. 
Ot)) PLANNING AND DESIGN.—The Secretary of the Army may carry 
out architectural and engineering services and construction design 
activities, 
using 
amounts 
appropriated 
pursuant 
to 
section 
2204(a)(5)(A), with respect to the construction or improvement of 
military family housing units not to exceed $20,000,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Army may improve, using amounts 
appropriated pursuant to section 2204(a)(5XA), existing military 
family housing units in an amount not to exceed $145,968,000 of 
which $1,916,000 is available only for energy conservation projects. 
(b) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS.—Notwithstanding the maximum amount per unit 
for an improvement project under section 28250^) of title 10, United 
States Code, the Secretary of the Army may carry out projects to 
improve existing military family housing units at the following 
installations in the number of units shown, and in the amount 
shown, for each installation: 
Pearl Harbor, Hawaii, eight units, $550,000. 
Giessen, Germany, seventy-two units, $3,314,000. 
Various Locations, (Jermany, convert unused attic space and 
upgrade two hundred forty-two units into six hundred twenty-
one adequate units, $44,026,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, ARMY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1988, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Army in the total amount of 
$1,733,069,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2201(a), $28,100,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $13,000,000. 
(3) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $16,200,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$126,710,000. 
(5) For military family housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $175,968,000; 
•
^ 
(B) for support of military family housing (including the 
functions described in section 2833 of title 10, United States 
Code), $1,371,091,000, of which not more than $46,498,000 
may be obligated or expended for the leasing of military 
family housing units in the United States, the Common-
wealth of Puerto Rico, £ind Guam, and not more than 
$163,842,000 may be obligated or expended for the leasing of 
military family housing units in foreign countries; and 
101 STAT. 1208 
PUBLIC LAW 100-180—DEC. 4, 1987 
(C) for the Homeowners Assistance Program as au-
thorized by section 2832 of title 10, United States Code, 
$2,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2201 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
TITLE II~NAVY 
SEC. 2221. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
CHIEF OF NAVAL OPERATIONS 
Commandant, Naval District Washington, District of Columbia, 
$21,000,000. 
Naval Air Detachment, Tinker Air Force Base, Oklahoma, 
$38,080,000. 
COMMANDER IN CHIEF, ATLANTIC FLEET 
Naval station, Galveston, Texas, $10,390,000. 
Naval Station, Ingleside, Texas, $31,850,000. 
Naval Station, Lake Charles, Louisiana, $5,000,000. 
Naval Station, Mobile, Alabama, $19,700,000. 
. . ,.,j» 
Naval Station, New York, New York, $10,480,000. 
'' 
' 
' 
' 
Naval Station, Pascagoula, Mississippi, $25,700,000. 
Naval Air Station, Pensacola, Florida, $14,320,000. 
COMMANDER IN CHIEF, PACIFIC FLEET 
Naval Air Station, Adak, Alaska, $20,000,000. 
Naval Station, Everett, Washington, $52,950,000. 
Naval Station, Long Beach, California, $5,460,000. 
NAVAL SEA SYSTEMS COMMAND 
Philadelphia 
Naval 
Shipyard, 
Philadelphia, 
Pennsylvania, 
$8,200,000. 
Naval Weapons Station, Earle, New Jersey, $18,600,000. 
STRATEGIC SYSTEMS PROJECT OFFICE 
Naval Submarine Base, Kings Bay, Georgia, $57,730,000. 
Qj) OUTSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects at the Naval Station, Guam, in an amount not to exceed 
$2,820,000. 
SEC. 2222. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Navy 
may construct or acquire 300 family housing units (including land 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1209 
acquisition), using amounts appropriated pursuant to section 
2224(a)(5)(A), at the Public Works Center, San Diego, California, 
(b) PLANNING AND DESIGN.—The Secretary of the Navy may carry 
out architectural and engineering services and construction design 
activities, 
using 
amounts 
appropriated 
pursuant 
to 
section 
2224(a)(5XA), with respect to the construction or improvement of 
military family housing units not to exceed $6,315,000. 
SEC. 2223. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Navy may improve, using amounts 
appropriated pursuant to section 2224(a)(5XA), existing military 
family housing units in the amount of $59,689,000. 
(b) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS.—Notwithstanding the maximum amount per unit 
for an improvement project under section 2825(b) of title 10, United 
States Code, the Secretary of the Navy may carry out projects to 
improve existing military family housing units at the following 
installations in the number of units shown and in the amount 
shown, for each installation: 
Navy Public Works Center, San Diego, California, six units, 
$284,400. 
Navy Public Works Center, Great Lakes, Illinois, three hun-
dred fifty-six units, $14,207,800. 
Navy Public Works Center, Great Lakes, Illinois, one hundred 
two units, $4,725,500. 
Naval Air Station, Brunswick, Maine, two hundred twenty-
four units, $8,130,500. 
Naval Security Group Activity, Winter Harbor, Maine, thirty-
two units, $2,251,700. 
Naval Security Group Activity, Winter Harbor, Maine, thirty 
units, $2,920,600. 
Naval Security Group Activity, Winter Harbor, Maine, 
twenty units, $920,000. 
Naval Air Station, Fallon, Nevada, one hundred six units, 
$8,129,300. 
Naval Air Engineering Center, Lakehurst, New Jersey, four 
units, $190,000. 
Marine Corps Air Station, Cherry Point, North Carolina, two 
units, $94,300. 
Marine Corps Air Station, Cherry Point, North Carolina, two 
hundred eighty-two units, $11,957,200. 
Naval Ships Part Control Center, Mechanicsburg, Pennsylva-
nia, seventy-five units, $3,398,400. 
Naval Air Station, Whidbey Island, Seattle, Washington, 
eleven units, $632,600. 
Navy Public Works Center, Guam, two hundred twelve units, 
$18,473,800. 
SEC. 2224. AUTHORIZATION OF APPROPRIATIONS, NAVY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1988, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Navy in the total amount of 
$1,144,984,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2221(a), $339,460,000. 
101 STAT. 1210 
PUBLIC LAW 100-180—DEC. 4, 1987 
-- 
(2) For military construction projects outside the United 
States authorized by section 2221(b), $2,820,000. 
(3) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $16,300,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$147,333,000. 
(5) For military housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $91,004,000; and 
(B) for support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$548,067,000 of which not more than $18,434,000 may be 
obligated or expended for the leasing of military family 
housing in the United States, the Commonwealth of Puerto 
Rico, and Guam; and not more than $23,982,000 may be 
obligated or expended for the leasing of military family 
housing units in foreign countries. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2221 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
TITLE III—AIR FORCE 
SEC. 2231. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
AIR FORCE LOGISTICS COMMAND 
Hill Air Force Base, Utah, $6,500,000. 
ALASKAN AIR COMMAND 
Elmendorf Air Force Base, Alaska, $18,000,000. 
STRATEGIC AIR COMMAND 
Base 61, $10,450,000. 
Dyess Air Force Base, Texas, $1,410,000. 
Ellsworth Air Force Base, South Dakota, $1,300,000. 
Fairchild Air Force Base, Washington, $4,700,000. 
Grand Forks Air Force Base, North Dakota, $3,400,000. 
Malmstrom Air Force Base, Montana, $8,550,000. 
McConnell Air Force Base, Kansas, $3,050,000. 
Whiteman Air Force Base, Missouri, $106,000,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
„ ^„ ..._..«» 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1211 
PACIFIC AIR FORCES 
Clark Air Base, Philippines, $2,450,000. 
Kunsan Air Base, Korea, $3,000,000. 
TACTICAL AIR COMMAND 
Masirah, Oman, $2,850,000. 
Seeb, Oman, $7,300,000. 
SEC. 2232. FAMILY HOUSING 
The Secretary of the Air Force may carry out architectural and 
engineering services and construction design activities, using 
amounts appropriated pursuant to section 2234(aX5XA), with respect 
to the construction or improvement of military family housing units 
not to exceed $7,000,000. 
SEC. 2233. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Air Force may improve, using amounts 
appropriated pursuant to section 2234(aX5XA), existing military 
family housing units in an amount not to exceed $165,280,000. 
O
t
)
) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS.—Notwithstanding the maximum amount per unit 
for an improvement project under section 28250t)) of title 10, United 
States Code, the Secretary of the Air Force may carry out projects to 
improve existing military family housing units at the following 
installations, in the number of units shown, and in the amount 
shown, for each installation: 
Gunter Air Force Station, Alabama, twenty-three units, 
$1,111,000. 
Maxwell Air Force Base, Alabama, fifty units, $2,475,000. 
Elmendorf 
Air 
Force 
Base, Alaska, 
forty-eight 
units, 
$3,624,000. 
Davis-Monthan Air Force Base, Arizona, one unit, $60,000. 
MacDill Air Force Base, Florida, four units, $279,000. 
Barksdale Air Force Base, Louisiana, two units, $170,000; one 
hundred and seventy-four units, $8,435,000. 
Andrews Air Force Base, Maryland, five units, $338,000. 
Pease Air Force Base, New Hampshire, one unit, $56,000. 
Kirtland Air Force Base, New Mexico, four units, $215,000. 
Shaw Air Force Base, South Carolina, one hundred and 
twenty-five units, $4,710,000. 
Dyess Air Force Base, Texas, one unit, $64,000. 
Ramstein Air Base, Germany, two hundred and forty units, 
$11,829,000. 
Andersen Air Force Base, Guam, one unit, $167,000. 
Misawa Air Base, Japan, one hundred and eighty units, 
$7,125,000. 
Yokota Air Base, Japan, ninety-seven units, $5,200,000. 
Clark Air Base, Philippines, eighty-two units, $1,739,000. 
SEC. 2234. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1988, for military 
construction, leind acquisition, and military family housing func-
tions of the Department of the Air Force in the total amount of 
$1,231,213,000 as follows: 
91-194 O - 90 - 8 : QL.3 Part 2 
101 STAT. 1212 
PUBLIC LAW 100-180—DEC. 4, 1987 
(1) For military construction projects inside the United States 
authorized by section 2231(a), $163,360,000. 
(2) For military construction projects outside the United 
States authorized by section 22310)), $15,600,000. 
(3) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $16,500,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$135,733,000. 
(5) For military family housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $172,280,000; and 
(B) for support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$727,740,000 of which not more than $21,795,100 may be 
obligated or expended for the leeising of military family 
housing units in the United States, the Commonwealth of 
Puerto Rico, and Guam, and not more than $85,747,900 may 
be obligated or expended for the leasing of military family 
housing units in foreign countries, 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2858 of title 
10, United States Code, or any other cost variations authorized by 
law, the total cost of all projects carried out under section 2231 may 
not exceed the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
..... 
TITLE IV—DEFENSE AGENCIES 
SEC. 2241. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
The Secretary of Defense may acquire real property and may 
carry out military construction projects at Kirtland Air Force Base, 
New Mexico, in the amount of $2,550,000. 
SEC. 2242. IMPROVEMENTS TO MILITARY HOUSING UNITS 
Subject to section 2825 of title 10, United States Code, the Sec-
retary of Defense may improve, using amounts appropriated pursu-
ant to section 2243(aX5)(A), existing military family housing units in 
an amount not to exceed $112,000. 
SEC. 2243. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1988, for military 
construction, land acquisition, and military family housing func-
tions of the Department of Defense (other than the military depart-
ments), in the total amount of $169,250,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2241, $2,550,000. 
(2) For military construction projects at Fort Sam Houston, 
Texas, authorized by section 2403(a) of the Military Construc-
tion Authorization Act, 1987, $23,000,000. 
- 
(3) For military construction projects at Fort Lewis, Washing-
- ton, authorized by section 101(a) of the Military Construction 
Authorization Act, 1985, $59,000,000. 
---«>. -- > 
,.,:., v 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1213 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$65,100,000. 
(5) For military family housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $112,000; and 
(B) for support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$19,488,000, of which not more than $14,027,000 may be 
obligated or expended for the leasing of military family 
housing units in foreign countries. 
(h) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2858 of title 
10, United States Code, or any other cost variations authorized by 
law, the total cost of all projects carried out under section 2241 may 
not exceed the total amount authorized to be appropriated under 
paragraph (1) of subsection (a). 
TITLE V—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
SEC. 2251. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Infrastructure Program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2252 and the amount collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States. 
SEC. 2252. AUTHORIZATION OF APPROPRIATIONS, NATO 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1988, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States Code, 
for the share of the United States of the cost of projects for the 
North Atlantic Treaty Organization Infrastructure Program as 
authorized by section 2251, in the amount of $402,100,000. 
TITLE VI—GUARD AND RESERVE FORCES FACILITIES 
SEC. 2261. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
There are authorized to be appropriated for fiscal years beginning 
after September 30, 1988, for the costs of acquisition, architectural 
and engineering services, and construction of facilities for the Guard 
and Reserve Forces, and for contributions therefor, under chapter 
133 of title 10, United States Code (including the cost of acquisition 
of land for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$168,672,000; and 
(B) for the Army Reserve, $100,000,000. 
(2) For the Department of the Navy, for the Naval and Marine 
Corps Reserves, $52,923,000. 
(3) For the Department of the Air Force— 
101 STAT. 1214 
PUBLIC LAW 100-180—DEC. 4, 1987 
(A) for the Air National Guard of the United States, 
$134,550,000; and 
(B) for the Air Force Reserve, $55,900,000. 
TITLE VII—EXPIRATION OF AUTHORIZATIONS AND 
EFFECTIVE DATE 
SEC. 2271. EXPIRATION OF AUTHORIZATIONS OF PROJECTS AND APPRO-
PRIATIONS FOR FISCAL YEARS AFTER FISCAL YEAR 1988 
(a) IN GENERAL.—Authorizations of military construction projects, 
land acquisition, family housing projects and facilities, contributions 
to the NATO Infrsistructure Program, and Guard and Reserve 
projects in titles I, II, III, IV, V, and VI of this subdivision (and 
authorizations of appropriations therefor) shall be effective only to 
the extent that appropriations are made for such projects, acquisi-
tion, facilities, and contributions during the first session of the One 
Hundredth Congress. 
(b) EXPIRATION OF AUTHORIZATIONS AFTER TWO YEARS IN CERTAIN 
CASES.—(1) Except as provided in subsection (a) and paragraph (2), 
authorizations contained in titles I, II, III, IV, and V of this subdivi-
sion for military construction projects, land acquisition, family hous-
ing projects and facilities, contributions to the NATO Infrastructure 
Program, and Guard and Reserve projects shall remain in effect (to 
the extent that appropriations are made for such projects, acquisi-
tions, facilities, and contributions during the first session of the One 
Hundredth Congress) until October 1, 1990, or the date of the 
enactment of a Military Construction Authorization Act for fiscal 
year 1991, whichever is later. 
(2) The provisions of paragraph (1) do not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, contributions to the NATO Infrastructure 
Program, and Guard and Reserve projects for which appropriated 
funds have been obligated before October 1, 1990, or the date of the 
enactment of the Military Construction Authorization Act for fiscal 
year 1991, whichever is later. 
SEC. 2272. EFFECTIVE DATE 
This subdivision shall take effect on October 1, 1988, except that 
the authorizations of appropriations contained therein shall take 
effect on the date of the enactment of this Act. 
Subdivisions—General Provisions 
TITLE I—MILITARY CONSTRUCTION PROGRAM CHANGES 
SEC. 2301. TURN-KEY SELECTION PROCEDURES FOR DEFENSE AGENCIES 
Section 2862 of title 10, United States Code, is amended— 
(1) in subsection (aXD— 
(A) by striking out "The Secretaries of the military 
departments, with the approval of the Secretary of De-
M 
fense," and inserting in lieu thereof "The Secretary 
concerned", and 
(B) by adding at the end the following new sentence: 
'?'7 
"Such procedures may be used by the Secretary of a mili-
tary department only with the approval of the Secretary of 
Defense."; and 
-; -
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1215 
(2) in subsection (b), by inserting after "The" the following: 
"Secretary of Defense, with respect to any Defense Agency, or 
the". 
SEC. 2302. LONG-TERM FACILITIES CONTRACTS 
(a) NEW COVERAGE.—Section 2809(aXlXB) of title 10, United States 
Code, is amended— 
(1) by redesignating clause (vi) as clause (vii); and 
(2) by adding after clause (v) the following new clause: 
"(vi) Hospital or medical facilities.". 
(b) EXTENSION.—Section 2809(c) of such title is amended by strik-
ing out "1987" and inserting in lieu thereof "1989". 
(c) REPORT.—Each Secretary who has entered into a contract 
under section 2809 of title 10, United States Code, shall submit a 
report to the Committees on Armed Services of the Senate and the 
House of Representatives by February 15,1989, containing— 
(1) the date and duration of, the other party to, and the 
nature of the activities carried out under each contract entered 
into by the Secretary under such section; and 
(2) recommendations, and the reasons therefor, concerning 
whether the authority to enter into contracts under such sec-
tion should be extended. 
SEC. 2303. SETTLEMENT OF CONTRACTOR CLAIMS 
(a) IN GENERAL.—Chapter 169 of title 10, United States Code, is 
amended by adding at the end of subchapter III the following new 
section: 
"§ 2863. Payment of contractor claims 
"Notwithstanding any other provision of law, the Secretary con-
cerned may pay meritorious contractor claims that arise under 
military construction contracts or family housing contracts. The 
Secretary of Defense, with respect to a Defense Agency, or the 
Secretary of a military department may use for such purpose any 
unobligated funds appropriated to such department and available 
for military construction or family housing construction, as the case 
may be.". 
O
b
) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such subchapter is amended by adding at the end the following 
new item: 
"2863. Payment of contractor claims.". 
SEC. 2304. GUARD AND RESERVE MINOR CONSTRUCTION 
(a) IN GENERAL.—Section 2233a(b) of title 10, United States Code, 
is amended by striking out "$100,000" and inserting in lieu thereof 
"$200,000". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shsill apply to projects authorized under section 2233(a) of title 10, 
United States Code, for which contracts are entered into on or after 
the date of the enactment of this Act. 
SEC. 2305. FAMILY HOUSING IMPROVEMENT THRESHOLD 
Section 2825(bXl) of title 10, United States Code, is amended by 
striking out "$30,000" and inserting in lieu thereof "$40,000". 
10 use 2809 
note. 
10 use 2863. 
10 use 2233a 
note. 
101 STAT. 1216 
PUBLIC LAW 100-180—DEC. 4, 1987 
SEC. 2306. FAMILY HOUSING LEASING WITHIN TH E UNITED STATES 
(a) IN GENERAL.—Section 2828(g) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by inserting after "military department" the foUow-
>' 
ing: ", or the Secretary of Transportation with respect to 
the Coast Guard,"; and 
(B) by inserting "or rehabilitated to residential use" after 
"constructed"; 
(2) in paragraph (7), by inserting after "military department" 
the following: ", or the Secretary of Transportation with respect 
to the Coast Guard,"; and 
(3) by adding at the end of paragraph (8) the following new 
subparagraph: 
Contracts. 
"(C) In addition to the contracts authorized by paragraph (7) and 
subparagraphs (A) and (B) of this paragraph— 
"(i) the Secretary of the Army may enter into one or more 
contracts under this subsection for not more than a total of 
3,500 family housing units; 
"(ii) the Secretary of the Navy may enter into one or more 
contracts under this subsection for not more than a total of 
2,000 family housing units; 
"(iii) the Secretary of the Air Force may enter into one or 
j,j ,-. .5, ,, 
more contracts under this subsection for not more than a total 
of 2,100 family housing units; and 
"(iv) the Secretary of Transportation, for the Coast Guard, 
may enter into one or more contracts under this subsection for 
not more than a total of 300 family housing units."; and 
(4) in paragraph (9), by striking out "September 30,1988." and 
inserting in lieu thereof "September 30,1989.". 
(b) CONFORMING AMENDMENT.—Section 2801(d) of such title, as 
amended by section 632(bXl) of this Act, is amended by striking out 
"section" after "other than" and inserting in lieu thereof "sections 
2828(g) and". 
SEC. 2307. FAMILY HOUSING RENTAL GUARANTEE PROGRAM 
Section 802 of the Military Construction Authorization Act, 1984 
(10 U.S.C. 2821 note), is amended— 
(1) in subsection (a)— 
(A) by inserting after " military department," the follow-
ing: "or the Secretary of Transportation with respect to the 
Coast Guard,"; and 
(B) by inserting after "constructed" the following: "or 
rehabilitated to residential use"; 
(2) in subsection (bX3), by striking out "not"; 
(3) in subsection (b)(6), by inserting before the semicolon 
"unless the project is located on government owned land, in 
which case the renewal period may not exceed the original 
contract term"; and 
(4) in subsection (bXll), by inserting after "military depart-
.t 
ment concerned," the following: "or the Secretary of Transpor-
tation with respect to the Coast Guard,". 
SEC. 2308. NO-COST ACQUISITION OF FAMILY HOUSING 
Section 2822(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
"(4) Housing units acquired without consideration, if— 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1217 
"(A) the Secretary concerned provides to the appropriate 
committees of Congress written notification of the facts 
concerning the proposed acquisition; and 
"(B) a period of 21 days elapses after the notification is 
received by those committees.". 
SEC. 2309. COST THRESHOLD FOR INDIVIDUAL UNITS AND MAXIMUM 
NUMBER OF UNITS LEASED IN FOREIGN COUNTRIES 
(a) IN GENERAL.—Section 2828(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking out "$16,800" and inserting in 
lieu thereof "$20,000 per unit per annum"; and 
(2) in paragraph (2), by striking out "32,000" and inserting in 
lieu thereof "36,000". 
(b) TECHNICAL AMENDMENTS.—Section 28280t)) of such title is 
amended— 
(1) by inserting "per unit per annum" in paragraph (2) before 
the period; and 
(2) by striking out "$10,000" and "$12,000" in paragraph (3)(A) 
and inserting in lieu thereof "$10,000 per unit per annum" and 
"$12,000 per unit per annum", respectively. 
SEC. 2310. MINOR CONSTRUCTION OUTSIDE THE UNITED STATES 
(a) IN GENERAL.—Section 2805(c) of title 10, United States Code, is 
amended— 
(1) by striking out "The" and inserting in lieu thereof "(1) 
Except as provided in paragraph (2), the"; and 
(2) by adding at the end the following new paragraph: 
"(2) The authority provided in paragraph (1) may not be used with 
respect to any exercise-related unspecified military construction 
project coordinated or directed by the Joint Chiefs of Staff outside 
the United States.". 
(b) ADDITIONAL LIMITATION.—Section 2805(a) of such title is 
amended— 
(1) by striking out "Within" and inserting in lieu thereof "(1) 
Except as provided in paragraph (2), within"; and 
(2) by adding at the end the following new paragraph: 
"(2) A Secretary may not use more than $5,000,000 for exercise-
related unspecified minor military construction projects coordinated 
or directed by the Joint Chiefs of Staff outside the United States 
during any fiscal year.". 
SEC. 2311. COST THRESHOLD FOR MULTIPLE UNITS 
Section 2828(f) of title 10, United States Code, is amended by 
striking out "$250,000" and inserting in lieu thereof "$500,000'. 
SEC. 2312. COST VARIATIONS 
Paragraph (1) of section 2853(a) of title 10, United States Code, is 
amended by striking out "Except as" and all that follows through 
"appropriated for the project" and inserting in lieu thereof the 
following: "Except as provided in paragraph (2), the total cost 
authorized for military construction projects at an installation 
(including each project the cost of which is included in such total 
authorized cost and is less than the minor project ceiling) may be 
increased by not more than 25 percent of the total amount appro-
priated for such projects". 
-ftj/ 
101 STAT. 1218 
PUBLIC LAW 100-180—DEC. 4, 1987 
SEC. 2313. FAMILY HOUSING IMPROVEMENTS 
Section 2853(c) of title 10, United States Code, is amended by 
striking out "construction" and inserting in lieu thereof "construc-
tion, improvement,". 
TITLE II—MISCELLANEOUS PROVISIONS 
-
State and local 
governments. 
10 use 2821 
note. 
Grants. 
Loans. 
SEC. 2321. PILOT PROGRAM FOR MILITARY FAMILY HOUSING 
(a) IN GENERAL.—(1) The Secretary of Defense shall, using 
$1,000,000 of the funds appropriated pursuant to the authorization 
in subsection (aX10)(B) of section 2145, establish and carry out, 
during fiscal years 1988, 1989, and 1990, a pilot program for the 
purpose of assisting units of general local government to increase 
the amount of affordable family housing available to military 
personnel. 
(2) In establishing and carrying out such program, the Secretary 
shall select at least five units of general local government which are 
severely impacted by the presence of military bases and personnel 
and which meet the criteria in subsection (b). 
O
t
>
) SELECTION CRITERIA.—The Secretary shall select such local 
governments on the basis of the following criteria: 
(1) The extent, or the potential extent, of a joint civilian-
military effort to increase, or prevent the decrease of, affordable 
housing units in the community served by the local government. 
(2) The extent of willingness, or potential extent of willing-
ness, of private corporations to contribute or loan money for the 
purpose of assisting in the effort described in paragraph (1). 
(3) A commitment by the local government to assure that a 
reasonable proportion, taking into consideration the extent of 
Federal funding, of the housing units provided as a result of the 
effort described in paragraph (1) will be made available to 
military personnel. 
(c) TYPES OF ASSISTANCE.—In carrying out this section, the Sec-
retary may make grants, enter into cooperative agreements, and 
supplement funds made available under Federal programs adminis-
tered by agencies other than the Department of Defense in order to 
assist units of general local government and housing and redevelop-
ment authorities and nonprofit housing corporations authorized by 
such local governments. 
(d) USE OF FUNDING.—To expand the supply or prevent the loss of 
affordable family housing, funds made available under this section 
may be used for— 
(1) funding a revolving housing loan fund established and 
administered by a government, authority, or corporation de-
scribed in subsection (c); 
(2) funding a housing loan guarantee fund established and 
administered by such a government, authority, or corporation to 
ensure repayment of housing loans made by a private lender; 
(3) funding feasibility studies of potential housing programs; 
(4) funding one-time start-up costs of housing programs; 
(5) funding joint community-military technical advisory 
organizations; and 
(6) other similar and related activities. 
(e) REPORT.—The Secretary of Defense shall submit a report to the 
Committees on Armed Services of the Senate and the House of 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1219 
Representatives no later than March 15 of 1988,1989,1990, and 1991 
with respect to activities carried out under this section. 
SEC. 2322. RESTRICTIONS ON USE OF CERTAIN FUNDING 
(a) NELUS AIR FORCE BASE, NEVADA.—None of the funds aveiilable 
for use by the Department of Defense in fiscal year 1988 may be 
used, directly or indirectly, to deactivate, convert, transfer, or other-
wise diminish any part of the 474th Tactical Fighter Wing stationed 
at Nellis Air Force Base, Nevada. 
(b) FORT MONMOUTH, NEW JERSEY.—None of the funds available 
for use by the Department of Defense in fiscal year 1988 may be 
used, directly or indirectly, to relocate the headquarters element 
and the elements of the several directorates of the Joint Tactical 
Command, Control, and Communications Agency at Fort Mon-
mouth, New Jersey. 
(c) STRATEGIC HOMEPORTING.—(1) Funds appropriated pursuant to Washington, 
the authorizations in section 2208 of the Military Construction 
Authorization Act, 1987 (division B of Public Law 99-661), and in 
section 2125 of this Act for Naval Station Everett, Washingrton, may 
not be obligated or expended for such purpose until— 
(A) all Federal, State, and local permits required for the 
dredging activities to be carried out with respect to homeporting 
at Everett, Wsishington, have been issued, including all permits 
required pursuant to, or otherwise in connection with, the 
Federal Water Pollution Control Act; and 
(B) the State of Washington has appropriated in fiscal year 
1987 its share of funds for fiscal years 1988 and 1989 for all 
projects agreed with by the Department of the Navy for home-
porting at Everett, Washington. 
(2) The provisions of this subsection shall apply to any activity 
carried out after November 14,1986. 
(d) PORT CHICAGO HIGHWAY.—None of the funds available for use California, 
by the Department of Defense in fiscal year 1988 may be used by the 
Department of Defense, directly or indirectly, before January 1, 
1988, to take, or condemn, or close, any portion of the Port Chicago 
Highway which lies within the Concord Naval Weapons Station in 
Concord, California. 
(e) AIR DEFENSE RADAR STATIONS.—None of the funds available for Michigan. 
use by the Department of Defense in fiscal year 1988 (other than 
funds made available by the Office of Economic Adjustment) may be 
used, directly or indirectly, to deactivate, convert, transfer, or other-
wise diminish the air defense radar stations located at Calumet 
Air Force Station, Michigan, or Port Austin Air Force Station, 
Michigan. 
SEC. 2323. PROHIBITION 
OF 
FUNDING 
FOR CERTAIN 
MILITARY 
CONSTRUCTION CONTRACTS ON GUAM 
(a) IN GENERAL.—Except as provided in subsection 0)), funds 
appropriated pursuant to any authorization made by this division 
may not be expended with respect to any contract for a military 
construction project on Guam if any work is carried out on such 
project by any person who is a nonimmigrant described in section 
lOKaXlSXHXii) of the Immigration and Nationality Act (8 U.S.C. 
llOKaXlSXHXii)). 
(b) EXCEPTION.—In any case in which there is no acceptable bid Reports. 
made in response to a solicitation by the Secretary of a military 
department for bids on a contract for a military construction project 
101 STAT. 1220 
PUBLIC LAW 100-180—DEC. 4, 1987 
on Guam and the Secretary concerned makes a determination that 
the prohibition contained in subsection (a) is a significant deterrent 
to obtaining bids on such contract, the Secretary concerned may 
make another solicitation for bids on such contract and the prohibi-
tion contained in subsection (a) shall not apply to such contract after 
the end of the 21-day period beginning on the date on which the 
Secretary concerned transmits a report concerning such contract to 
the Committees on Armed Services of the Senate and the House of 
Representatives. 
(c) EFFECTIVE DATE.—This section shall apply only to contracts 
entered into, amended, or otherwise modified on or after the date of 
the enactment of this Act. 
SEC. 2324. COMMUNITY PLANNING ASSISTANCE 
The Secretary of Defense may use the following amounts to 
!y. !, * 
provide planning assistance to local communities located near the 
following homeports proposed under the Naval Strategic Dispersal 
Program if the Secretary determines that the financial resources 
available to the community (by grant or otherwise) are inadequate: 
(1) not more than $250,000 from funds appropriated to the 
Department of Defense for fiscal year 1988 for local commu-
nities located near the homeport at Everett, Washington; and 
(2) not more than $300,000 from funds appropriated to the 
Department of Defense for fiscal year 1988 and not more than 
$300,000 from funds appropriated to the Department of Defense 
for fiscal year 1989 pursuant to authorizations contained in this 
division for local communities located near Gulf Coast 
homeports, 
SEC. 2325. DISPOSITION OF REAL PROPERTY AT AIR FORCE MISSILE SITES 
(a) IN GENERAL.—Chapter 949 of title 10, United States Code, is 
amended by adding at the end the following: 
10 use 9781. 
"§ 9781. Disposition of real property at missile sites 
"(aXD The Secretary of the Air Force shall dispose of the interest 
of the United States in any tract of real property described in 
paragraph (2) or in any easement held in connection with any such 
i _
: 
tract of real property only as provided in this section. 
"(2) The real property referred to in paragraph (1) is any tract of 
land (including improvements thereon) owned by the Air Force 
that— 
"(A) is not required for the needs of the Air Force and the 
discharge of the responsibilities of the Air Force, as determined 
by the Secretary of the Air Force; 
"(B) does not exceed 25 acres; 
ys 
"(Q yfQg used by the Air Force as a site for one or more 
missile launch facilities, missile launch control buildings, or 
other facilities to support missile launch operations; and 
"(D) is surrounded by lands that are adjacent to such tract 
and that are owned in fee simple by one owner or by more than 
one owner jointly, in common, or by the entirety. 
"03) The Secretary shall convey, for fair market value, the interest 
of the United States in any tract of land referred to in subsection (a) 
or in any easement in connection with any such tract of land to any 
person or persons who, with respect to such tract of land, own lands 
referred to in paragraph (2XD) of such subsection and are ready, 
^ l i n g , and able to purchase such interest for the fair market value 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1221 
of such interest. Whenever such interest of the United States is 
available for purchase under this section, the Secretary shall trans-
mit a notice of the availability of such interest to each such person. 
"(c) The Secretary shall determine the fair market value of the 
interest of the United States to be conveyed under this section. 
"(d) The requirement to determine whether giny tract of land 
described in subsection (aX2) is excess property or surplus property 
under title II of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 481 et seq.) before disposing of such tract shall 
not be applicable to the disposition of such tract under this section. 
"(e) The disposition of a tract of land under this section to any 
person shall be subject to (1) any easement retained by the Secretary 
with respect to such tract, and (2) such additional terms and condi-
tions as the Secretary considers necessary or appropriate to protect 
the interests of the United States. 
"(f) The exact acreage and legal description of any tract of land to 
be conveyed under this section shall be determined in any manner 
that is satisfactory to the Secretary. The cost of any survey con-
ducted for the purpose of this subsection in the case of any tract of 
land shall be borne by the person or persons to whom the convey-
ance of such tract of land is made. 
"(g) If any real property interest of the United States described in 
subsection (a) is not purchased under the procedures provided in 
subsections (a) through (f), such tract may be disposed of only in 
accordance with the Federal Property and Administrative Services 
Act of 1949.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 949 of such title is amended by adding at the end the 
following: 
"9781. Disposition of real property at missile sites.". 
SEC. 2326. TULALIP TRIBES, WASHINGTON 
(a) IN GENERAL.—<1) The Secretary of the Navy may pay, £is 
provided in this section, to the Tulalip Indian Tribes of the State of 
Washington the sum of $3,400,000. Any payment made under this 
section shall be made out of funds appropriated to or for the use of 
the Navy pursugint to section 2125(aXl)-
(2) Pajmient under this section shall be made in accordance with Fish and fishing. 
the Memorandum of Agreement dated July 22, 1987, between the 
United States and the Tulalip Tribes of Washington, smd shall be in 
full settlement of the claims of such tribes for loss of access to and 
displacement from usual and accustomed fishing grounds and sta-
tions resulting from the construction and operation of Navy home-
port facilities at Everett, Washington, and to support tribal resource 
enhancement efforts. 
Ot)) CONDITION OF SETTLEMENT.—(1) Payment in final settlement of 
the tribal claims may not be made until the Secretary of the Navy 
has obtained from the Tulalip Tribes a release under which the 
tribes waive all claims against the United States— 
(A) for displacement from the homeport site during any 
period the site is owned by the United States; and 
(B) for additional displacement resulting from homeport 
construction-related activities at Port Gardner, Wash-
ington, as provided in the Memorandum of Agreement 
referred to in subsection (aX2). 
(2) The release referred to in paragraph (1) shall also waive any 
claims the Tulalip Tribes may have against the United States or any 
Indians. 
Claims. 
101 STAT. 1222 
PUBLIC LAW 100-180—DEC. 4, 1987 
successor in interest for loss of access resulting from the construc-
tion of permanent structures in connection with homeport facilities 
at Everett, Washington. 
Fish and fishing. (c) PROTECTION OF RESERVED RiGHTS.—Nothing in this section 
shall be construed to diminish any rights reserved to the Tulalip 
Tribes in the Memorandum of Understanding referred to in subsec-
tion (aX2) with respect to claims that may arise from Navy-induced 
damages to fish habitat and other resources. 
TITLE III—REAL PROPERTY TRANSACTIONS 
Health care 
SEC. 2331. LEASE OF PROPERTY, SAN FRANCISCO, CALIFORNIA 
Diseases. 
(a) IN GENERAL.—Subject to subsections (b) through (d), the Sec-
retary of the Army shall lease, without consideration, the former 
Public Health Service facility located on the Presidio of San Fran-
cisco, California, to the City and County of San Francisco for use as 
a facility for the care and treatment of persons with acquired 
immune deficiency syndrome (AIDS) or acquired immune deficiency 
syndrome related complex (ARC). 
(b) TERMS OF LEASE.—In entering into the lease under this section, 
the Secretary— 
(1) shall provide for a term of ten years beginning no later 
than January 1,1989; 
(2) shall provide that, in the event that the facility described 
in subsection (a) ceases to be used by the City and County of San 
Francisco for the purpose described in such subsection, the 
Secretary shall have the right of immediate reentry and the 
lease shall be automatically terminated; and 
(3) may require other terms and conditions necessary to pro-
tect the interests of the United States. 
(c) AUTHORIZATION.—The Secretary may use not more than 
$1,900,000 of funds available to the Department of the Army for 
operation and maintenance during fiscal year 1988 for the purpose 
of leasing space and otherwise relocating personnel and equipment 
related to the activities being carried out at the facility on the date 
of the enactment of this Act. 
(d) REPORTS.—(1) The Secretary shall transmit, by March 1, 1988, 
to the Committees on Armed Services of the Senate and House of 
Representatives a report containing— 
(A) an analysis of the reasonable options available for the 
relocation of activities necessary as a result of the le£ise of the 
facility under this section, including the impact of each such 
option on the operations and resources of the Department of the 
Army; and 
(B) a detailed description of the preferred relocation plan, 
including a resource profile for all associated expenses and, in 
the case of any construction project associated with such reloca-
tion plan, a description of each such project and the anticipated 
timing of the obligation of funds for each such project. 
(2XA) The City and County of San Francisco is requested to 
transmit, before March 1, 1988, a report to the committees described 
in paragraph (1) containing— 
(i) projections of the anticipated number of patients with 
AIDS or ARC who will need nursing care in the City and 
County of San Francisco over the period of the lease entered 
into under this section; 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1223 
(ii) different approaches to meeting this need for nursing care; 
(iii) the rationale for using the facility described in subsection 
(a) to meet this need; and 
(iv) its financial plan for renovating and operating such facil-
ity. 
(B) The Secretary may not enter into a lease under this section 
before the report described in subparagraph (A) has been received 
by the committees described in paragraph (1). 
SEC. 2332. SALE OF LAND AND REPLACEMENT OF CERTAIN FACILITIES, 
KAPALAMA MILITARY RESERVATION, HAWAII 
(a) IN GENERAL.—Subject to subsections (b) through (g), the Sec-
retary of the Army may convey approximately 43.72 acres of real 
property, together with improvements thereon, at Kapalama Mili-
tary Reservation, Hawaii, and may replace and relocate facilities 
located on such property. 
(b) CONSIDERATION.—In consideration for the real property de-
scribed in subsection (a), the purchasers of such property shall pay 
the United States— 
(1) in a manner determined by the Secretary, for the cost of 
the design and construction of suitable replacement facilities to 
be constructed at Fort Shafter, Fort Kamehameha, Tripler 
Army Medical Center, and Schofield Barracks, Hawaii; 
(2) for any cost incurred by the Department of the Army 
under this section with respect to the relocation of facilities; and 
(3) the amount of any difference referred to in subsection (d). 
(c) SALE AND REPLACEMENT ACTIVITIES.—The Secretary may use 
any amount received from the purchaser as described in paragraphs 
(1) and (2) of subsection (b) for the purpose of carrying out this 
section. 
(d) PAYMENT OF EXCESS INTO TREASURY.—If the fair market value 
of the real property and improvements described in subsection (a) 
exceeds the costs described in paragraphs (1) and (2) of subsection 
(b), as determined by the Secretary, the purchaser shall pay the 
amount of such difference to the Secretary, and the Secretary shall 
deposit such amount into the Treasury as miscellaneous receipts. 
(e) COMPETITIVE BID PROCEDURES.—TTie conveyEince described in 
subsection (a) shall be carried out under competitive bid procedures. 
(f) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage and 
legal description of the real property described in subsection (a) 
shall be determined by a survey which is satisfactory to the Sec-
retary. The cost of the survey shall be borne by the purchaser. 
(g) ADDITIONAL TERMS.—The Secretary may require such addi-
tional terms and conditions under this section as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2333. LAND CONVEYANCE, LAWRENCE TOWNSHIP, INDIANA 
(a) AUTHORITY TO SELL.—Subject to subsections (b) through (e), the 
Secretary of the Army may sell and convey to Lawrence Township, 
Marion County, Indiana all right, title, and interest of the United 
States in and to a parcel of land, consisting of approximately 3.23 
acres, comprising a portion of Fort Benjamin Harrison, Indiana. 
(b) CONDITIONS OF SALE.—(1) In consideration for the sale and 
conveyance, the Township shall pay to the United States the fair 
market value, as determined by the Secretary, of the property to be 
conveyed by the United States under subsection (a). 
101 STAT. 1224 
PUBLIC LAW 100-180—DEC. 4, 1987 
(2) The Township shall execute and file the deed of conveyance in 
the appropriate registry. 
(c) RECAPTURE RIGHTS.—The Secretary shall include in the deed of 
conveyance a condition that the United States may reenter and use 
the property without compensation in the event of a national emer-
gency or declaration of war. 
(d) LEGAL DESCRIPTION OF LANDS.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by surveys that are satisfactory to the Secretary. The 
cost of any such survey shall be borne by the Township. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions as the Secretary consid-
ers appropriate to protect the interests of the United States. 
SEC. 2334. LAND TRANSFERS: ROCK ISLAND, ILLINOIS, AND FORT SAM 
HOUSTON, TEXAS 
(a) AUTHORITY TO TRANSFER.—Subject to subsections (b) through 
(d), the Secretary of the Army may transfer, without consideration, 
to the administrative jurisdiction of the Administrator of Veterans' 
Affairs— 
(1) two parcels of real property, and improvements thereon, 
totaling approximately 17.17 acres, comprising a portion of the 
Rock Island Arsenal, Rock Island, Illinois; and 
(2) a parcel of real property, and improvements thereon, 
totaling approximately 8.5 acres, comprising a portion of Fort 
Sam Houston, TexEis. 
Cemeteries. 
(b) CONDITIONS ON CONVEYANCE.—The Administrator shall— 
(1) use the real property described in subsection (a) for ceme-
teries which are to be part of the National Cemetery System; 
(2) transfer any portion of such property back to the adminis-
trative jurisdiction of the Secretary of the Army, if such portion 
is not used for such a cemetery; and 
(3) enter into an agreement with the Secretary to carry out 
the purposes of this section. 
(c) LEGAL DESCRIPTION AND SURVEYS.—The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by surveys that are satisfactory to the Sec-
retary. The cost of such surveys shall be borne by the Administrator. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions as the Secretary consid-
ers appropriate to protect the interests of the United States. 
SEC. 2335. PROPERTY TRANSFER, BROOKLYN, NEW YORK 
In accordance with the provisions of section 202 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 483) 
governing transfers of excess property, the Administrator of Gen-, 
eral Services shall transfer, without reimbursement, to the Sec-
retary of the Navy the excess six story building and associated land, 
known as Dayton Manor, located near Fort Hamilton, Brookl3m, 
New York, for rehabilitation and use as military family housing. 
SEC. 2336. LAND EXCHANGE, ORANGE COUNTY, CALIFORNIA 
(a) TRANSFER.—Subject to subsections Ot)) through (e), the Sec-
retary of the Navy may convey to Orange County, California, all 
right, title, and interest of the United States in and to a parcel of 
real property, with improvements thereon, consisting of approxi-
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1225 
mately 137 acres located in the center of Mile Square Regional Park, 
Orange County, California. 
(b) CONSIDERATION.—In consideration for the conveyance by the 
Secretary under subsection (a), Orange County shall convey to the 
United States parcels of real property, with improvements thereon, 
consisting of approximately 41 total acres located adjacent to the 
Marine Corps Air Station, Tustin, California. 
(c) PAYMENT BY COUNTY.—If the fair market value of the real 
property and improvements conveyed by the Secretary under 
subsection (a) exceeds the fair market value of the real property 
conveyed by Orange County under subsection (b), the county shall 
pay the difference to the United States. Any such pa)nnent shall be 
covered into the Treasury as miscellaneous receipts. 
(d) OBUGATIONS OF PARTIES.—The exact acreages and legal 
descriptions of the real property to be conveyed under this section 
shall be determined by surveys which are satisfactory to the Sec-
retary. The cost of any such survey shall be borne by Orange 
County. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
transaction authorized by this section as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2337. TRANSFER OF LAND, JOLIET ARMY AMMUNITION PLANT, 
ILLINOIS 
(a) AUTHORITY TO CONVEY.—Subject to subsections (b) through (d), 
the Secretary of the Army shall transfer to the Administrator of 
Veterans' Affairs not less than 200 acres of real property, including 
improvements thereon, located on the Joliet Army Ammunition 
Plant, Illinois, and with access to State Route 53. 
(b) USE OF LAND.—(1) The Administrator shall use the real prop-
erty transferred under subsection (a) for a national cemetery. 
(2) A national cemetery established on such real property shall 
become part of the National Cemetery System and shall be adminis-
tered under chapter 24 of title 38, United States Code. 
(c) RESTORATION.—(1) The Secretary of the Army shall carry out 
appropriate environmental restoration activities pursuant to chap-
ter 160 of title 10, United States Code, with respect to such real 
property before transferring it under this section. 
(2) The Secretary may not transfer such property under this 
section unless the Administrator of Veterans' Affairs has deter-
mined that contamination that would prevent the property from 
being used as a national cemetery has been removed and that the 
land has been restored so that it is appropriate for such use. 
(d) LEGAL DESCRIPTION.—The exact acreage and legal descriptions 
of any property transferred under this section shall be based on 
surveys that are satisfactory to the Secretary. The Administrator 
shall bear the cost of such surveys. 
SEC. 
2
3
3
8
. 
LEASE OF 
PROPERTY AT 
THE 
NAVAL SUPPLY CENTER, 
OAKLAND, 
CALIFORNIA 
(a) IN GENERAL.—Subject to subsections 0?) through (g), the Sec-
retary of the Navy may lease, at fair market rental value, to the 
Port of Oakland, California, not more than 195 acres of real prop-
erty, together with improvements thereon, at the Naval Supply 
Center, Oakland, California. 
Cemeteries. 
Cemeteries. 
101 STAT. 1226 
PUBLIC LAW 100-180—DEC. 4, 1987 
(b) TERM OF LEASE.—The lease entered into under subsection (a) 
may be for such term as the Secretary determines appropriate, with 
an initial term not to exceed 25 years and an option to extend for a 
term not to exceed 25 years. 
(c) REPLACEMENT AND RELOCATION PAYMENTS.—The Secretary 
may, under the terms of the lease, require the Port of Oakland to 
pay the Secretary— 
(1) a negotiated amount for the structures on the leased 
property that require replacement at a new location; and 
(2) a negotiated amount for expenses to be incurred by the 
Navy with respect to vacating the leased property and relocat-
ing to other facilities. 
(d) USE OF FUNDS.—(1) Funds received by the Secretary under 
subsection (c) may be used by the Secretary to pay for relocation 
expenses and constructing new facilities or making modifications to 
existing facilities which are necessary to replace facilities on the 
leased premises. 
(2XA) Funds received by the Secretary for the fair market rental 
value of the real property may be used to pay for relocation and 
replacement costs incurred by the Navy in excess of the amount 
received by the Secretary under subsection (c). 
(B) Funds received by the Secretary for such fair market rental 
value in excess of the amount used under subparagraph (A) shall be 
deposited into the miscellaneous receipts of the Treasury. 
(e) AUTHORITY TO DEMOUSH AND CONSTRUCT FACIUTIES.—The Sec-
retary may, under the terms of the lesise, authorize the Port of 
Oakland to demolish existing facilities on the leased land and to 
provide for construction of new facilities on such land for the use of 
the Port of Oakland. 
(f) REPORT.—The Secretary may not enter into a lease under this 
section until— 
•
* 
(1) the Secretary has transmitted to the Committee on Armed 
Services of the Senate and of the House of Representatives a 
report containing an explanation of the terms of the lease, 
especially with respect to the amount the Secretary is to receive 
under subsection (c) and the amount that is expected to be used 
under subsection (dX2); and 
(2) a period of 21 days has expired after the date on which 
such report is received by such Committees. 
(g) ADDITIONAL TERMS.—The Secretary may require such addi-
.*ih »
i 
tional terms and conditions in connection with the lease authorized 
by this section as the Secretary considers appropriate to protect the 
interests of the United States. 
Texas. 
SEC. 2339. AUTHORITY TO RELEASE CERTAIN RIGHTS 
(a) IN GENERAL.—Subject to subsection Qo), the Secretary of the 
Army may release, discharge, waive, and quitclaim all right, title, 
and interest which the United States may have by virtue of the 
quitelaim deed dated November 22, 1957, in and to approximately 
46.1186 acres of real property, with improvements thereon, in 
Tarrant County, Texas. 
(b) CONDITION.—The Secretary may carry out subsection (a) only 
after obtaining satisfactory assurances that the State of Texas shall 
obtain, in exchange for the real property referred to in subsection 
(a), a tract of real property— 
(1) which is at least equal in value to the real property 
referred to in subsection (a); and 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1227 
(2) which shall be, on the date on which the State obtains it, 
subject to the same restrictions and covenants with respect to 
the Federal Government as are applicable on the date of the 
enactment of this Act to the real property referred to in subsec-
tion (a), 
(c) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage and 
legal descriptions of the real property referred to in subsection (a) 
shall be based upon surveys that are satisfactory to the Secretary. 
SEC. 2340. MINERAL INTERESTS AT WHITE SANDS MISSILE RANGE, NEW 
MEXICO 
(a) AUTHORITY TO GRANT INTEREST.—The Secretary of the Army 
may grant to the State of New Mexico an interest in the minerals in 
or on the land described in subsection (d). 
(b) INTEREST, TERMS, AND CONDITIONS OF GRANT.—The extent of 
the interest granted to the State of New Mexico pursuant to subsec-
tion (a), and the other terms and conditions of such grant, shall be 
those prescribed by the Attorney General, after consultation with 
the Secretary of the Army and the Secretary of the Interior. 
(c) SETTLEMENT OF CLAIMS.—The acceptance by the State of New 
Mexico of any interest in minerals made to such State pursuant to 
this section shall be in full settlement of the claims of such State 
against the United States as set forth in the case of Humphries v. 
United States, United States Claims Court (case number 94-79L). 
(d) DESCRIPTION OF LAND.—The land referred to in subsection (a) is 
land located within the boundaries of the White Sands Missile 
Range, New Mexico, which was owned by the State of New Mexico 
and which was found by the Court of Claims to have been taken by 
the United States by inverse condemnation. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of 
the 
Army may require such additional terms and conditions as the 
Secretary, in consultation with the Attorney General, considers 
appropriate to protect the interests of the United States. 
SEC. 2341. LAND CONVEYANCE, FORT JACKSON, SOUTH CAROLINA 
Subsection (eXl) of section 840 of the Military Construction 
Authorization Act, 1986 (Public Law 99-167), is amended— 
99 Stat. 997. 
(1) by striking "and" at the end of subparagraph (B); 
(2) by striking the period at the end of subparagraph (C) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new subpara-
graph: 
"(D) for a water systems improvement project at Fort Jackson 
at an estimated cost of $2,300,000, and for family housing 
improvement projects at Fort Jackson at an estimated cost not 
to exceed $6,400,000.". 
SEC. 2342. LAND EXCHANGE, HAMILTON AIR FORCE BASE, CALIFORNIA 
(a) IN GENERAL.—Subject to subsections (b) through (d), the Sec-
retary of the Army and the Secretary of the Navy may, jointly or 
separately, enter into an agreement for the exchange of lands and 
interest in lands under their respective jurisdictions at Hamilton 
Air Force Base, California, with the purchaser of other lands at such 
air force base which, before the date of the enactment of this Act, 
were declared excess to the needs of the United States. 
Ot)) CONDITIONS ON EXCHANGES.—Exchanges of land and interests 
in real property under this section shall be made on condition that 
101 STAT. 1228 
PUBLIC LAW 100-180—DEC. 4, 1987 
the United States receive land or interests in real property at least 
equal in value (as determined by the Secretary of the Army or the 
Secretary of the Navy, as the case may be) to the land and interests 
in real property conveyed by the United States. 
(c) LEGAL DESCRIPTION AND SURVEYS.—The exact acreage and legal 
description of the real property to be exchanged under this section 
shall be determined by surveys that are satisfactory to the Secretary 
of the Army or the Secretary of the Navy, as the case may be. The 
cost of such surveys shall be borne by the purchaser referred to in 
subsection (a). 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of 
the 
Army and the Secretary of the Navy may require such additional 
terms and conditions under this section as each such Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2343. LAND CONVEYANCE, CHANUTE AIR FORCE BASE, ILLINOIS 
(a) AUTHORITY TO SELL.—Subject to subsections (b) through (g), the 
Secretary of the Air Force may sell all or any portion of that tract of 
land (together with any improvements thereon) which comprises the 
Chapman Court Housing Annex, a housing complex near Chanute 
Air Force Base, Illinois, consisting of 49 acres, more or less. 
(b) CONDITIONS OF SALE.—The Secretary shall require the buyer, 
as a condition of any sale of any of the property referred to in 
subsection (a), to carry out the following projects at Chanute Air 
Force Base in accordance with specifications mutually agreed upon 
by the Secretary and the prospective purchaser: 
(1) Widen and extend Heritage Drive. 
(2) Construct a new entrance gate (including a gate guard-
house) to serve as the main entrance from U.S. Route 45. 
(3) Construct a visitor reception center and parking lot to 
serve such center. 
(4) Construct new streets or alter existing streets in order to 
effectively reroute automobile traffic (on the Air Force Base) to 
and from the proposed new gate. 
(c) COMPETITIVE BID REQUIREMENT AND MINIMUM SALE PRICE.—(1) 
The sale of any of the land referred to in subsection (a) shall be 
,T^'; isiH 
carried out under publicly advertised, competitive bid, or competi-
tively negotiated contracting procedures. 
(2) In no event may any of the land referred to in subsection (a) be 
sold for less than its fair market value, as determined by the 
Secretary. 
(d) REPORT REQUIREMENTS.—(1) The Secretary may not enter into 
any contract for the sale of any or all of the land referred to in 
subsection (a) unless— 
(A) the Secretary has submitted to the Committees on Armed 
Services of the Senate and House of Representatives a report 
containing the details of the contract proposed to be entered 
into by the Secretary under this section; and 
(B) a period of 21 days has expired following the date on 
which the report referred to in clause (A) is received by such 
committees. 
(2) Any report submitted under paragraph (1) shall include— 
(A) a description of the price and terms of the proposed sale; 
(B) a description of the procedures used in selecting a buyer 
for the land; and 
(C) all pertinent information regarding the base development 
proposal selected by the Secretary. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1229 
(e) USE OF EXCESS FUNDS.—If the fair market value of the property 
conveyed to a buyer under this section is greater than the fair 
market value of the facilities constructed by the buyer for the 
United States, as determined by the Secretary, the buyer shall pay 
the difference to the United States. Any such amount paid to the 
Secretary shall be deposited into the general fund of the Treasury. 
(f) LEGAL DESCRIPTION OF LAND.—The exact acreage and legal 
description of any land conveyed under this section shall be deter-
mined by a survey which is satisfactory to the Secretary. The cost of 
such survey shall be borne by the buyer. 
(g) ADDITIONAL TERMS.—The Secretary may require such addi-
tional terms and conditions under this section as the Secretary 
considers appropriate to protect the interests of the United States, 
SEC. 2344. LAND EXCHANGE, SAN DIEGO, CALIFORNIA 
(a) AUTHORITY TO EXCHANGE.—Subject to subsections (b) through 
(f), the Secretary of the Air Force may convey certain real property 
(and improvements thereon) adjacent to Air Force Plant 19 in San 
Diego, California, to the County of San Diego, California, in ex-
change for certain real property (and improvements thereon) located 
in San Diego County, California. 
(b) CONDITION.—If the fair market value of the real property and 
improvements conveyed to the County of San Diego under subsec-
tion (a) exceeds the fair market value of the real property and 
improvements conveyed to the United States by the County of San 
Diego, the County shall pay to the United States an amount equal to 
the difference. The Secretary shall deposit any funds received under 
this subsection as miscellaneous receipts in the Treasury. 
(c) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage and 
legal description of the real property exchanged under this section 
shall be in accordance v/ith surveys that are satisfactory to the 
Secretary. The costs of such surveys shall be borne by the County. 
(d) ADDITIONAL TERMS.—The Secretary may require such addi-
tional terms and conditions under this section as the Secretary 
considers appropriate to protect the interests of the United States. 
(e) REPORT.—Before the Secretary enters into an agreement au-
thorized under subsection (a) for an exchange of real property with 
the County, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
containing the details of such proposed agreement. The report shall 
also include an assessment of the impact of the proposed exchange 
on— 
(1) current activities of the Department of Defense at Plant 
19; 
(2) the potential disposal of Plant 19 to a private concern; 
(3) the potential transfer of Plant 19 to another military 
department; and 
(4) the ability of Plant 19 to support potential or programmed 
future missions of the Department of Defense. 
(f) WAITING PERIOD.—An agreement for an exchange authorized 
by subsection (a) may not be entered into by the Secretary for a 
period of 30 days after the date on which the report referred to in 
subsection (e) has been received by the committees named in such 
subsection. 
101 STAT. 1230 
PUBLIC LAW 100-180—DEC. 4, 1987 
SEC. 2345. PROPERTY TRANSACTION, BARLING, ARKANSAS 
(a) IN GENERAL.—Subject to subsections (b) through (e), the Sec-
retary of the Army shall lease to the City of Barling, Arkansas, for 
use by that city in the treatment of sewage, the following tracts of 
land at Fort Chaffee, Arkansas: 
(1) A tract consisting of 320 acres and more particularly 
described as the NEV4 and the NWV4 of section 34, Township 8 
North, Range 31 West. 
(2) A tract 40 feet wide running from the northern boundary 
of the tract described in paragraph (1) to the Arkansas River, as 
may be agreed upon by the Secretary and the city of Barling. 
0?) LEASE REQUIREMENTS.—(1) The lease entered into under subsec-
tion (a) shall authorize the City to construct and maintain a 
wastewater treatment facility on the land leased under subsection 
(a). Upon termination of the lease, the United States shall have all 
right, title, and interest in and to any improvements on the land. 
(2) The lease shall be for such period, not less than 55 years, as 
may be agreed upon by the Secretary and the City. 
(3) The lease shall require the City to pay rent for the use of the 
land in an amount to be agreed upon by the Secretary and the City, 
but not exceeding $1,600 per year. 
(c) ALTERNATIVE LEASE.—(1) In lieu of leasing to the City of 
Barling the lands described in subsection (a), the Secretary may 
lease to the City other lands under the jurisdiction of the Secretary 
adjacent to existing lagoons at Fort Chaffee, Arkansas, for use by 
the City in the treatment of sewage. 
(2) Land leased to the city pursuant to paragraph (1) shall be 
leased at an annual rate of not more than $5 per acre. 
(3) Any lease entered into pursuant to paragraph (1) shall be 
subject to paragraphs (1) and (2) of subsection 0>)-
(4) If a lease is entered into under this subsection, the Secretary 
may permit the City to use the sewage treatment facilities of Fort 
Chaffee under an agreement which would require the City to pay a 
reasonable cost for the use of such facilities and any reasonable costs 
incurred by the Army in increasing the capacity of the sewage 
treatment facilities at Fort Chaffee to accommodate the use of such 
facilities by the City. 
(d) LEGAL DESCRIPTION OF LANDS.—The exact acreage and legal 
description of any land to be leased under this section shall be 
determined by surveys that are satisfactory to the Secretary. The 
cost of such surveys shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—Any lease or other agree-
ment entered into under this section shall be subject to such other 
terms and conditions as the Secretary of the Army determines 
necessary or appropriate to protect the interests of the United 
States. 
si- 
•». 
" »f-* &'Sa.' t "'.'.tv 
-. ,'* ir' 
. ^ ' ' **^i 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1231 
DIVISION C—OTHER NATIONAL DEFENSE 
AUTHORIZATIONS 
TITLE I—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
SEC. 3101. SHORT TITLE 
This title may be cited as the "Department of Energy National 
Security and Military Applications of Nuclear Energy Authorization 
Act of 1988". 
PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS 
SEC. 3111. OPERATING EXPENSES 
Funds are authorized to be appropriated to the Department of 
Energy for fiscal year 1988 for operating expenses incurred in 
carrying out national security programs (including scientific re-
search and development in support of the Armed Forces, strate^c 
and critical materials necessary for the common defense, and mili-
tary applications of nuclear energy and related management and 
support activities) as follows: 
(1) For weapons activities, $3,483,225,000, to be allocated as 
follows: 
(A) For research and development, $769,019,000. 
(B) For weapons testing, $396,550,000. 
(C) For production and surveillance, $1,853,830,000. 
(D) For nuclear directed energy weapons research, devel-
opment, and testing, $240,000,000. 
(E) For the defense inertial confinement fusion program, 
$149,000,000. 
(F) For program direction, $74,826,000. 
(2) For defense nuclear materials production, $1,419,521,000 to 
be allocated as follows: 
(A) For uranium enrichment for naval reactors, 
$141,500,000. 
(B) For other uranium enrichment, $11,500,000. 
(C) For production reactor operations, $550,035,000. 
(D) For processing of defense nuclear materials, including 
naval reactors fuel, $470,700,000, of which $65,000,000 shall 
be used for special isotope separation. 
(E) For supporting services, $221,747,000. 
(F) For program direction, $24,039,000. 
(3) For environmental restoration and management of defense 
waste and trcuisportation, $578,519,000, to be allocated as 
follows: 
(A) For environmental restoration, $97,798,000. Such 
funds may also be used for plant and capital equipment. 
(B) For waste operation and projects, $411,597,000. 
(C) For waste research and development, $51,082,000. 
(D) For hazardous waste process planning, $7,112,000. 
(E) For transportation management, $8,400,000. 
(F) For program direction, $2,530,000. 
(4) For verification and control technology, $120,500,000. 
(5) For nuclear materials safeguards and security technology 
development program, $73,200,000. 
Department of 
Energy 
Nationfil 
Security and 
Military 
Applications of 
Nuclear Energy 
Authorization 
Act of 1988. 
101 STAT. 1232 
PUBLIC LAW 100-180—DEC. 4, 1987 
(6) For security investigations, $32,000,000. 
\;::' x/'Yf:: 
(7) For naval reactors development, $544,100,000. 
SEC. 3112. PLANT AND CAPITAL EQUIPMENT 
Funds are authorized to be appropriated to the Department of 
Energy for fiscal year 1988 for plant and capital equipment (includ-
ing maintenance, restoration, planning, construction, acquisition, 
modification of facilities, and the continuation of projects authorized 
in prior years, land acquisition related thereto, and acquisition and 
fabrication of capital equipment not related to construction) nec-
essary for national security programs as follows: 
(1) For weapons activities: 
Project 88-D-lOl, general plant projects, various loca-
tions, $30,200,000. 
Project 88-D-102, sanitary wastewater systems consolida-
tion, Los Alamos National Laboratory, Los Alamos, New 
Mexico, $1,000,000. 
Project 88-D-103, seismic upgrade, Building 111, Law-
rence Livermore National Laboratory, Livermore, Califor-
nia, $1,100,000. 
Project 88-D-104, safeguards and security upgrade, 
* 
Phase II, Los Alamos National Laboratory, Los Alamos, 
New Mexico, $3,500,000. 
m f 
Project 88-D-105, special nuclear materials research and 
development laboratory replacement, Los Alamos National 
Laboratory, Los Alamos, New Mexico, $10,000,000. 
Project 88-D-106, nuclear weapons research, develop-
ment, and testing facilities revitalization, Phase II, various 
"^"'' 
locations, $28,962,000. 
Project 88-D-121, general plant projects, various loca-
--''^ 
tions, $33,000,000. 
Project 88-D-122, facilities capability assurance program, 
various locations, $19,200,000. 
Project 88-D-123, security enhancement, Pantex Plant, 
^^.., 
Amarillo, Texas, $5,700,000. 
Project 88-D-124, fire protection upgrade, various loca-
tions, $1,700,000. 
Project 88-D-125, high explosive machining facility, 
Pantex Plant, Amarillo, Texas, $2,700,000. 
Project 88-D-126, personnel radiological monitoring lab-
oratories, various locations, $1,000,000. 
Project 88-D-129, small intercontinental ballistic missile 
(SICBM) warhead production facilities, various locations, 
$20,000,000. 
Project 87-D-104, safeguards and security enhancements. 
Phase II, Lawrence Livermore National Laboratory, Liver-
more, California, $7,000,000. 
Project 87-D-122, short-range attack missile II (SRAM II) 
warhead 
production 
facilities, 
various 
locations, 
$37,016,000, subject to section 3113(c). 
Project 87-D-123, protective clothing decontamination 
facility, Rocky Flats Plant, Golden, Colorado, $4,608,000. 
Project 87-D-127, environmental, safety, and health up-
grade, Mound Plant, Miamisburg, Ohio, $1,737,000. 
Project 
87-D-130, 
receiving 
and 
shipping 
facility, 
Pinellas Plant, St. Petersburg, Florida, $2,400,000. -. ,.r^ 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1233 
Project 86-D-103, decontamination and waste treatment 
facility, Lawrence Livermore National Laboratory, Liver-
more, California, $12,000,000. 
Project 86-D-104, strategic defenses facility, Sandia Na-
tional Laboratories, Albuquerque, New Mexico, $15,000,000. 
Project 86-D-105, instrumentation systems laboratory, 
Sandia National Laboratories, Albuquerque, New Mexico, 
$8,000,000. 
Project 
86-D-106, 
laboratory 
data 
communications 
center, Los Alamos National Laboratory, Los Alamos, New 
Mexico, $12,200,000. 
Project 86-D-122, structural upgrade of existing pluto-
nium facilities, Rocky Flats Plant, Golden, Colorado, 
$221,000. 
Project 86-D-123, environmental hazards elimination, 
various locations, $13,289,000. 
Project 86-D-125, safeguards and site security upgrade. 
Phase II, Pantex Plant, Amarillo, Texas, $2,000,000. 
Project 86-D-130, tritium loading facility replacement, 
Savannah River Plant, Aiken, South Carolina, $46,773,000. 
Project 85-D-102, nuclear weapons research, develop-
ment, and testing facilities revitalization. Phase I, various 
locations, $33,500,000. 
Project 85-D-103, safeguards and security enhancements, 
Lawrence Livermore National Laboratory and Sandia Na-
tional Laboratories, Livermore, California, $9,200,000. 
Project 85-D-105, combined device assembly facility, 
Nevada Test Site, Las Vegas, Nevada, $28,000,000. 
Project 85-D-106, hardened engineering test building, 
Lawrence Livermore National Laboratory, Livermore, 
California, $100,000. 
Project 85-D-112, enriched uranium recovery improve-
ments, Y-12 Plant, Oak Ridge, Tennessee, $12,544,000. 
Project 85-D-113, power plant and steam distribution 
system, Pantex Plant, Amarillo, Texas, $2,000,000. 
Project 85-D-115, renovate plutonium building utility 
systems. Rocky Flats Plant, Golden, Colorado, $1,060,000. 
Project 85-D-121, air and water pollution control facili-
ties, Y-12 Plant, Oak Ridge, Tennessee, $998,000. 
Project 84-D-107, nuclear testing facilities revitalization, 
various locations, $5,458,000. 
Project 84-D-112, Trident II warhead production facili-
ties, various locations, $3,300,000. 
Project 84-D-124, environmental improvements, Y-12 
Plant, Oak Ridge, Tennessee, $5,878,000. 
Project 84-D-211, safeguards and site security upgrading, 
Y-12 Plant, Oak Ridge, Tennessee, $18,253,000. 
Project 82-D-107, utilities and equipment restoration, 
replacement, and upgrade. Phase III, various locations, 
$96,129,000. 
(2) For materials production: 
New production reactor, location to be determined, 
$10,000,000. 
Project 88-D-146, general plant projects, various loca-
tions, $39,030,000. 
Project 88-D-153, additional reactor safeguards, Savan-
nah River, South Carolina, $2,900,000. 
101 STAT. 1234 
PUBLIC LAW 100-180—DEC. 4, 1987 
Project 87-D-150, radioactive liquid effluent treatment 
facility, Richland, Washington, $5,000,000. 
Project 87-D-152, environmental protection, plantwide. 
Savannah River, South Carolina, $2,800,000. 
Project 87-D-159, environmental, health, and safety 
improvements. Phases I and II, Feed Materials Production 
Center, Fernald, Ohio, $35,000,000. 
Project 86-D-148, special isotope separation project, 
Idaho Falls, Idaho, $20,000,000. 
Project 86-D-149, productivity retention program. Phases 
I, II, and III, various locations, $68,860,000. 
Project 86-D-151, PUREX electrical system upgrade, 
Richland, Washington, $1,900,000. 
Project 86-D-152, reactor electrical distribution system, 
JHM 
Savannah River, South Carolina, $4,500,000. 
Project 
86-D-154, effluent 
treatment facility. Savan-
nah River, South Carolina, $19,175,000. 
Project 86-D-156, plantwide safeguards systems. Savan-
nah River, South Carolina, $13,000,000. 
Project 85-D-139, fuel processing restoration, Idaho Fuels 
Processing Facility, Idaho National Engineering Labora-
tory, Idaho, $28,000,000. 
Project 85-D-140, productivity and radiolcmcal improve-
1
4 
ments, Feed Materials Production Center, Fernald, Ohio, 
$7,831,000. 
Project 85-D-145, fuel production facility. Savannah 
River, South Carolina, $21,100,000. 
Project 84-D-134, safeguards and security improvements, 
plantwide. Savannah River, South Carolina, $9,685,000. 
Project 
83-D-148, non-radioactive 
hazardous 
waste 
management, $4,200,000. 
Project 82-D-124, restoration of production capabilities. 
Phases II, III, IV, and V, various locations, $13,200,000. 
(3) For defense waste and transportation management: 
Project 88-D-171, general plant projects, various loca-
tions, $25,636,000. 
Project 88-D-173, Hanford waste vitrification plant, Rich-
land, Washington, $7,500,000. 
Project 87-D-172, WESF K-3 filter upgrade, Richland, 
Washington, $2,800,000. 
Project 87-D-173, 242-A evaporator crystallizer upgrade, 
Richland, Washington, $7,200,000. 
Project 87-D-174, 241-AQ tank farm, Richland, Washing-
" 
• 
ton, $22,300,000. 
Project 87-D-175, steam system rehabilitation. Phase I, 
Richland, Washington, $12,600,000. 
Project 87-D-177, test reactor area liquid radioactive 
waste cleanup system. Phase III, Idaho National Engineer-
ing Laboratory, Idaho, $3,900,000. 
Project 87-D-180, burial ground expansion. Savannah 
River, South Carolina, $8,200,000. 
i V
- 
Project 87-D-181, diversion box and pump pit contain-
ment 
buildings, 
Savannah 
River, 
South 
Carolina, 
- 
$6,800,000. 
Project 86-D-174, low-level waste processing and ship-
-^ > 
ping system. Feed Materials Production Center, Fernald, 
Ohio, $4,628,000. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1235 
Project 86-D-175, Idaho National Engineering Labora-
tory security upgrade, Idaho National Engineering Labora-
tory, Idaho, $742,000. 
Project 85-D-157, seventh calcined solids storage facility, 
Idaho National Engineering Laboratory, Idaho, $2,181,000. 
r 
Project 85-D-158, central warehouse upgrade, Richland, 
Washington, $56,000. 
Project 85-D-159, new waste transfer facilities, H-area, 
Savannah River, South Carolina, $13,682,000. 
Project 81-T-105, defense wEiste processing facility, 
Savannah River, South Carolina, $120,000,000. 
Project 77-13-f, waste isolation pilot plant, Delaware 
Basin, Southeast New Mexico, $35,901,000. 
(4) For naval reactors development: 
Project 88-N-lOl, general plant projects, various loca-
tions, $6,000,000. 
Project 88-N-102, expanded core facility receiving sta-
tion, Naval Reactors Facility, Idaho, $2,100,000. 
i 
Project 88-N-103, material handling and storage modi-
fications. Knolls Atomic Power Laboratory, Niskayuna, 
New York, $400,000. 
Project 88-N-104, prototype availability facilities, Kessel-
ring site, Knolls Atomic Power Laboratory, West Milton, 
New York, $1,000,000. 
Project 87-N-102, Kesselring site facilities upgrade, 
Knolls Atomic Power Laboratory, West Milton, New York, 
$8,400,000. 
(5) For capital equipment not related to construction: 
(A) For weapons activities, $266,230,000, of which 
$17,000,000 shall be allocated for nuclear directed energy 
weapons and $10,000,000 shall be allocated for the defense 
inertial confinement fusion program. 
(B) For materials production, $91,285,000. 
(C) For defense waste and transportation management, 
$43,687,000. 
(D) For verification and control technology, $5,100,000. 
(E) For nuclear safeguards and security, $4,600,000. 
(F) For naval reactors development, $45,000,000. 
SEC. 3113. FUNDING LIMITATIONS 
(a) PROGRAMS, PROJECTS, AND ACTIVITIES OF THE DEPARTMENT OF 
ENERGY RELATING TO THE STRATEGIC DEFENSE INITIATIVE.—Of the 
funds appropriated to the Department of Energy for fiscal year 1988 
for operating expenses and plant and capital equipment, not more 
than $279,000,000 may be obligated or expended for programs, 
grejects, and activities of the Department of Energy relating to the 
trategic Defense Initiative. 
O
b
) INERTIAL CONFINEMENT FUSION.—Of the funds appropriated to 
the Department of Energy for fiscal year 1988 for operating ex-
penses and plant and capital equipment, not less than $159,000,000 
shall be used for the defense inertial confinement fusion program, 
(c) SRAM II.—Funds appropriated to the Department of Energy 
for fiscal year 1988 for facilities for production of the warhead for 
the short-range attack missile II (SRAM II) (project 87-D-122) may 
be obligated only— 
(1) for facilities which are suitable for production of a war-
head compatible with both the SRAM-A and the SRAM II; and 
101 STAT. 1236 
PUBLIC LAW 100-180—DEC. 4, 1987 
1- 
(2) after the Nuclear Weapons Council certifies that the 
design of the warhead is compatible with both the SRAM-A and 
the SRAM IL 
SEC. 3114. UNDISTRIBUTED REDUCTIONS 
(a) TOTAL AUTHORIZATION.—Notwithstanding sections 3111 and 
3112, the total amount authorized to be appropriated to the Depart-
ment of Energy in this title for fiscal year 1988 for national security 
programs is $7,826,900,000. 
(b) REQUIREMENT FOR PROJECT REDUCTIONS.—The Secretary of 
Energy shall reduce the amounts authorized for the projects listed 
in sections 3111 and 3112 in such amounts as he determines appro-
priate to achieve a total reduction of $15,000,000. 
" 
PART B—RECURRING GENERAL PROVISIONS 
SEC. 3121. REPROGRAMMING 
(a) NOTICE TO CONGRESS.—(1) Except as otherwise provided in this 
title— 
(A) no amount appropriated pursuant to this title may be used 
for any program in excess of the lesser of^ 
(i) 105 percent of the amount authorized for that program 
by this title; or 
(ii) $10,000,000 more than the amount authorized for that 
program by this title; and 
(B) no amount appropriated pursuant to this title may be used 
for any program which has not been presented to, or requested 
of, the Congress. 
(2) An action described in paragraph (1) may be taken after a 
period of 30 calendar days (not including any day on which either 
House of Congress is not in session because of adjournment of more 
than three calendar days to a day certain) has passed after receipt 
by the Committees on Armed Services and Appropriations of the 
Senate and House of Representatives of notice from the Secretary of 
Energy (in this title referred to as the "Secretary") containing a full 
and complete statement of the action proposed to be taken and the 
facts and circumstances relied upon in support of such proposed 
action. 
(b) LIMITATION ON AMOUNT OBUGATED.—In no event may the total 
amount of funds obligated pursuant to this title exceed the total 
amount authorized to be appropriated by this title. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS 
(a) IN GENERAL.—The Secretary may carry out any construction 
project under the general plant projects provisions authorized by 
this title if the total estimated cost of the construction project does 
not exceed $1,200,000. 
(b) REPORT TO CONGRESS.—If at any time during the construction 
of any general plant project authorized by this title, the estimated 
cost of the project is revised because of unforeseen cost variations 
and the revised cost of the project exceeds $1,200,000, the Secretary 
shall immediately furnish a complete report to the Committees on 
Armed Services and Appropriations of the Senate and House of 
Representatives explaining the reasons for the cost variation. 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1237 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS 
(a) IN GENERAL.—(1) Except as provided in paragraph (3), construc-
tion on a construction project described in paragraph (2) may not be 
started, and additional obligations may not be incurred in connec-
tion with the project, above the total estimated cost of the construc-
tion project whenever the current estimated cost of the project 
exceeds by more than 25 percent the higher of— 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the project as 
shown in the most recent budget justification data submitted to 
the Congress. 
(2) Paragraph (1) applies to any construction project which is 
authorized by section 3112 of this title or which is in support of 
national security programs of the Department of Energy and wsis 
authorized by any previous Act. 
(3) An action described in paragraph (1) may be taken after a 
period of 30 calendar days (not including any day on which either 
House of Congress is not in session because of adjournment of more 
than three calendar days to a day certain) has passed after receipt 
by the Committees on Armed Services and Appropriations of the 
Senate and House of Representatives of notice from the Secretary 
containing a full and complete statement of the action proposed to 
be taken and the facts and circumstances relied upon in support of 
such proposed action. 
(b) EXCEPTION.—Subsection (a) shall not apply to any construction 
project which has a current estimated cost of less than $5,000,000. 
SEC. 3124. FUND TRANSFER AUTHORITY 
(a) IN GENERAL.—Funds appropriated pursuant to this title may 
be transferred to other agencies of the Government, but only for the 
performance of the work for which the funds were authorized and 
appropriated. Funds so transferred may be merged with the appro-
priations of the agency to which the funds are transferred. 
(b) SPECIFIC TRANSFER.—The Secretary of Defense may transfer to 
the Secretary of Energy not more than $100,000,000 of the funds 
appropriated for fiscal year 1988 to the Department of Defense for 
research, development, test, and evaluation for the Defense Agen-
cies for the performance of work on the Strategic Defense Initiative. 
Funds so transferred— 
(1) may be used only for research, development, and testing 
for nuclear directed energy weapons, including plant and cap-
ital equipment related thereto; 
,; 5:;i.i3 .
J > 
(2) shall be merged with the appropriations of the Department 
of Energy; and 
(3) may not be included in calculating the amount of funds 
obligated or expended for purposes of the funding limitation in 
section 3113(a). 
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN 
(a) IN GENERAL.—(1) Within the amounts authorized by this title 
for plant engineering and design, the Secretary may carry out 
advance planning and construction designs (including architectural 
and engineering services) in connection with any proposed construc-
tion project if the total estimated cost for such planning and design 
does not exceed $2,000,000. 
(2) In any case in which the total estimated cost for such planning 
and design exceeds $300,000, the Secretary shall notify the Commit-
101 STAT. 1238 
PUBLIC LAW 100-180—DEC. 4, 1987 
Government 
organization 
and employees. 
C!ontracts. 
tees on Armed Services and Appropriations of the Senate and House 
of Representatives in writing of the details of such project at least 30 
days before any funds are obligated for design services for such 
project. 
(b) SPECIFIC AUTHORITY REQUIRED.—In any case in which the total 
estimated cost for advance planning and construction design in 
connection with any construction project exceeds $2,000,000, funds 
for such design must be specifically authorized by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN 
In addition to the advance planning and construction design 
authorized by section 3112, the Secretary may perform planning and 
design using available funds for any Department of Energy defense 
activity construction project whenever the Secretary determines 
that the design must proceed expeditiously in order to meet the 
needs of national defense or to protect property or human life. 
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS 
OF THE DEPARTMENT OF ENERGY 
Subject to the provisions of appropriation Acts and section 3121, 
amounts appropriated pursuant to this title for operating expenses 
and plant and capital equipment are available for use, when nec-
essary, in connection with all national security programs of the 
Department of Energy, 
SEC. 3128. ADJUSTMENTS FOR PAY INCREASES 
Appropriations authorized by this title for salary, pay, retirement, 
or other benefits for Federal employees may be increased by such 
amounts as may be necessary for increases in such benefits au-
thorized by law. 
SEC. 3129. AVAILABILITY OF FUNDS 
When so specified in an appropriation Act, amounts appropriated 
pursuant to this title for operating expenses or for plant and capital 
equipment may remain available until expended. 
PART C—MISCELLANEOUS PROVISIONS 
SEC. 3131. ALLOWABLE COSTS TO INCLUDE CERTAIN INFORMATION PRO-
VIDED TO CONGRESS AND STATE LEGISLATURES 
(a) ALLOWABLE COSTS.—Section 153403) of the Department of 
Energy National Security and Military Applications of Nuclear 
Energy Authorization Act of 1986 (title XV of Public Law 99-145; 42 
U.S.C. 7256a(b)) is amended— 
(1) by inserting "(D" before "Not later than"; and 
(2) by adding at the end the following new paragraph: 
"(2) In any regulations implementing subsection (a)(2), the Sec-
retary may not treat as not allowable (by reason of such subsection) 
the following costs of a contractor: 
"(A) Costs of providing to Congress or a State legislature, in 
response to a request from Congress or a State legislature, 
information of a factual, technical, or scientific nature, or 
advice of experts, with respect to topics directly related to the 
performance of the contract. 
"(B) Costs for transportation, lodging, or meals incurred for 
the purpose of providing such information or advice.". 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1239 
Regulations. 
42 u s e 7256a 
note. 
President of U.S. 
(b) EFFECTIVE DATE.—Regulations to implement paragraph (2) of 
section 15340t)) of the Department of Energy National Security and 
Military Applications of Nuclear Energy Authorization Act of 1986 
(as added by subsection (a)) shall be prescribed not later than 90 
days after the date of the enactment of this Act. Such regulations 
shall apply as if included in the original regulations prescribed 
under such section. 
SEC. 3132. MODERNIZATION OF NUCLEAR WEAPONS COMPLEX 
(a) STUDY.—The President shall conduct a study, in consultation 
with experts in both the Federal Government and the private sector, 
on the nuclear weapons complex for the purpose of determining the 
overall size and productive capacity necessary to support national 
security objectives. 
0)) PLAN.—The President shall formulate a plan, based on the 
study conducted under subsection (a), to modernize the nuclear 
weapons complex by achieving the necessary size and capacity 
determined under the study. Such plan shall include— 
(1) actions necessary to ensure operation of facilities in the 
nuclear weapons complex in a safe and environmentally accept-
able manner; 
(2) a schedule for implementation of the plan; and 
(3) the estimated costs of implementation of the plan. 
(c) REPORT.—The President shall submit a report to the Commit-
tees on Armed Services and Appropriations of the Senate and the 
House of Representatives containing recommendations resulting 
from the study required by subsection (a) and a description of the 
E
lan required by subsection (b). The report shall be submitted by 
lecember 15,1988. 
(d) NUCLEAR WEAPONS COMPLEX DEFINITION.—In this section, the 
term "nuclear weapons complex" includes facilities for nuclear 
weapons research, development, and testing, nuclear materials 
production, nuclear weapons components manufacture, and assem-
bly of nuclear weapons. 
SEC. 3133. REQUIREMENTS TO ENSURE SAFE OPERATION OF N REACTOR Washington. 
(a) REPORT BY NATIONAL ACADEMY OF SCIENCES.—The Secretary of 
Energy shall request the National Academy of Sciences to submit by 
December 1, 1987, a report summarizing its findings, conclusions, 
and recommendations relating to the ssrfety of operation of the N 
Reactor at the Hanford Reservation, Washington (hereafter in this 
section referred to as the "N Reactor"). Such report shall be 
prepared from the Academy's current assessment of safety and 
technical issues at Department of Energy class A reactors being 
conducted pursuant to section 3136 of the Department of Energy 
National Security and Military Applications of Nuclear Energy 
Authorization Act of 1987 (division C of Public Law 99-661; 100 Stat. 
4064). The report may include a review of the reports and rec-
ommendations of the so-called Roddis panel and shall be in addition 
to any other report submitted by the Academy on the N Reactor to 
the Department of Energy. The report shall be submitted to— 
(1) the Secretary of Energy; and 
i-v > 
(2) the Committee on Armed Services and the Committee on 
Energy and Commerce of the House of Representatives and the 
Committee on Armed Services of the Senate. 
(b) RESTRICTION ON OPERATION OF N REACTOR.—The Secretary of 
Energy— 
101 STAT. 1240 
PUBLIC LAW 100-180—DEC. 4, 1987 
Reports. 
42 use 7261a. 
Contracts. 
(1) may not operate the N Reactor before January 1,1988; and 
(2) may not operate the N Reactor until the Secretary submits 
to the Committees specified in subsection (a) a certification that 
the N Reactor is safe to operate. 
(c) EFFECT ON ENVIRONMENTAL IMPACT STATEMENT.—No require-
ment or restriction in this section (including the delay in operation 
of the N Reactor until at least December 31, 1987) shall affect or be 
considered in the application or interpretation of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) to the N Reactor. 
(d) OPERATION DEFINED.—For purposes of this section, the term 
"operation" with respect to the N Reactor means any activity 
carried out for the purpose of producing special nuclear materials by 
achieving a state of criticality. 
SEC. 3134. INTERIM OVERSIGHT OF SAFETY OF THE NUCLEAR WEAPONS 
COMPLEX 
(a) REQUIREMENT FOR REVIEW AND REPORT.—(1) The Secretary of 
Energy shall request the National Academy of Sciences to conduct 
two reviews on the status of the nuclear weapons complex and 
submit a report on each review. Each such report shall include— 
(A) a consideration of safety and technical issues at current 
facilities and a discussion of steps that would enhance the safety 
of operation of those facilities; 
(B) a consideration of the environmental impact of the oper-
ation of those facilities; 
(C) an estimation of the approximate useful lifetime of exist-
ing reactors; and 
(D) findings and recommendations. 
(2) The reports shall be submitted concurrently to the Committees 
on Armed Services of the Senate and House of Representatives and 
the Secretary not later than December 1, 1988, and December 1, 
1989. 
(b) REVIEW AND COMMENT BY SECRETARY.—(1) The Secretary shall 
review the findings and recommendations contained in each report 
under subsection (a) and shall separately provide to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing— 
(A) the Secretary's comments on such findings and rec-
ommendations; and 
(B) a description (including cost assessments) of plans of the 
Secretary to correct any technical problems described in the 
report or to carry out recommendations set forth in the report. 
(2) 'Die Secretary shall submit the report required by paragraph 
(1) no later than 30 days after receipt of each report required by 
subsection (a). 
SEC 3135. TIMELY DETERMINATION OF PROPERTY RIGHTS IN INVEN-
TIONS AND DISCOVERIES 
(a) DEADUNE FOR WAIVER DECISION.—Section 3131(a) of the 
Department of Energy National Security and Military Applications 
of Nuclear Energy Authorization Act of 1987 (title I of division C of 
Public Law 99-661; 100 Stat. 4061) is amended— 
(1) by inserting "(1)" before "Whenever any contractor"; 
(2) by striking out the last sentence; and 
(3) by adding at the end the following new paragraphs: 
"(2) Such decision shall be made within 150 days after the date on 
which a complete request for waiver of such rights has been submit-
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1241 
ted to the Secretary by the contractor. For purposes of this para-
graph, a complete request includes such information, in such detail 
and form, as the Secretary by regulation prescribes as necessary to 
allow the Secretary to take into consideration the matters described 
in subsection (b) in making the decision. 
"(3) If the Secretary fails to make the decision within such 150-day Reports, 
period, the Secretary shall submit to the Committees on Armed 
Services of the House of Representatives and the Senate, within 10 
days after the end of the 150-day period, a report on the reasons for 
such failure. The submission of such report shall not relieve the 
Secretary of the requirement to make the decision under this sec-
tion. The Secretary shall, at the end of each 30-day period after 
submission of the first report during which the Secretary continues 
to fail to make the decision required by this section, submit another 
report on the reasons for such failure to the committees listed in 
this paragraph.". 
(h) EFFECTIVE DATE.—Paragraphs (2) and (8) of section 3131(a) of 42 use 726ia 
the Department of Energy National Security and Military Applica- note, 
tions of Nuclear Energy Authorization Act of 1987 (as added by 
subsection (a)) shall apply with respect to waiver requests submitted 
by contractors under that section after March 1,1988. 
SEC. 3136. PRODUCTION REACTOR ACQUISITION STRATEGY 
(a) REPORT.—The Secretary of Energy shall submit to the Commit-
tees on Armed Services of the Senate and House of Representatives 
a report describing the strategy of the Secretary for acquiring new 
reactor capacity for the production of nuclear materials. The report 
shall include the following: 
(1) An evaluation, including a discussion of all safety features 
considered, of the alternative sites and technologies for 
acquiring new reactor capacity for the production of nuclear 
materials. 
(2) The associated costs and schedules of such alternative sites 
and technologies, including annual funding requirements. 
(3) The recommendations of the Secretary of Energy with 
respect to— 
(A) the preferred sites and technologies for acquiring new 
reactor capacity for the production of nuclear materials; 
and 
(B) an acquisition strategy for eventual procurement, 
either in a phased approach or concurrently, of two reactors 
with different technologies in different locations. 
Ot)) DEADUNE.—The report required by subsection (a) shall be 
submitted as soon as possible after the date of the enactment of this 
Act, but no later than February 1,1988. 
PART D—DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY 
Business and 
RESEARCH EXCELLENCE INITIATIVE 
industry. 
SEC. 3141. FINDINGS 
Congress makes the following findings: 
(1) Semiconductors and related microelectronic devices are 
key components in computers, telecommunications equipment, 
advanced defense systems, and other equipment. 
(2) Aggregate sales of such equipment, in excess of 
$230,000,000,000 annually, comprise a significant portion of the 
gross national product of the United States. 
15 use 4621. 
101 STAT. 1242 
PUBLIC LAW 100-180—DEC. 4, 1987 
(3) The leadership position of the United States in advanced 
technology is threatened by (A) competition from foreign 
businesses which is promoted and facilitated by the increasingly 
active involvement of foreign governments, and (B) other 
changes in the nature of foreign competition. 
,, . ^ ;j, 
(4) The principal cause of the relative shift in strength of the 
United States and its semiconductor competitors is the 
establishment of a long-term goal by a major foreign competitor 
to achieve world superiority in semiconductor research and 
manufacturing technology and the pursuit of such goal by that 
competitor by effectively marshalling all of the government, 
industry, and academic resources needed to achieve that goal. 
(5) Although the United States semiconductor industry leads 
all other principal United States industries in terms of its 
reinvestment in research and development, that has been 
insufficient by worldwide standards. 
(6) Electronic equipment is essential to protect the national 
security of the United States, as is evidenced by the allocation of 
approximately 35 percent of the total research, development, 
and procurement budgets of the Department of Defense to 
electronics research. 
(7) The Armed Forces of the United States will eventually 
depend extensively on foreign semiconductor technology unless 
significant steps are taken, and taken at an early date, to retain 
United States leadership in semiconductor technology research. 
(8) It is in the interests of the national security and national 
economy of the United States for the United States to regain its 
traditional world leadership in the field of semiconductors. 
(9) The most effective means of regaining that leadership is 
through a joint research effort of the Federal Government and 
private industry of the United States to improve semiconductor 
manufacturing technology and to develop practical uses for 
such tecljnology. 
(10) In order to meet the national defense needs of the United 
States and to insure the continued vitality of a commercial 
manufacturing base in the United States, it is essential that 
priority be given to the development, demonstration, and 
advancement of the semiconductor technology base in the 
United States. 
(11) The national laboratories of the Department of Energy 
are a major national research resource, and the extensive 
involvement of such laboratories in the semiconductor research 
initiatives of the Federal Government and private industry 
would be an effective use of such laboratories and would help 
insure the success of such initiatives. 
15 u s e 4622. 
SEC. 3142. ESTABLISHMENT OF THE SEMICONDUCTOR MANUFACTURING 
TECHNOLOGY RESEARCH INITIATIVE 
The Secretary of Energy shall initiate and carry out a program 
(hereinafter in this subtitle referred to as the "Initiative') of re-
search on semiconductor manufacturing technology and on the 
practical applications of such technology. The Secretary may carry 
out the Initiative in a way that complements the activities of a 
consortium of United States semiconductor manufacturers, mate-
rials manufacturers, and equipment manufacturers, established for 
the purpose of conducting research concerning advanced semi-
conductor manufacturing techniques and developing techniques to 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1243 
adopt manufacturing expertise to a variety of semiconductor 
products. 
SEC. 3143. PARTICIPATION OF NATIONAL LABORATORIES OF THE Schools and 
DEPARTMENT OF ENERGY 
colleges. 
15 use 4623. 
(a) MISSION OF NATIONAL LABORATORIES.—Each national labora-
tory of the Department of Energy may participate in research and 
development projects under the Initiative in conjunction with the 
Department of Defense or with any consortium, college, or univer-
sity carrying out any project for or in cooperation with any consor-
tium referred to in section 3142, to the extent that such participa-
tion is consistent with the missions of the national laboratory. 
(b) AGREEMENTS.—The Secretary of Energy may enter into such 
agreements with the Secretary of Defense, with any consortium 
referred to in section 3142, and with any college or university as 
may be necessary to provide for the active participation of the 
national laboratories of the Department of Energy in the Initiative. 
(c) RESEARCH AND DEVELOPMENT.—One or more national labora-
tories of the Department of Energy shall participate in the Initiative 
by conducting research and development activities relating to re-
search on the^ development of semiconductor manufacturing tech-
nologies. Such activities may include research and development 
relating to materials fabrication, materials characterization, design 
and modeling of devices, and new processing equipment. 
SEC. 3144. PERSONNEL EXCHANGES 
15 USC 4624. 
The Secretary of Energy may authorize temporary exchanges of 
personnel between the nationsd laboratories of the Department of 
•
• 
^
^ 
Energy and any domestic firm or any consortium referred to in 
section 3142 that is participating in the Initiative. The exchange of 
personnel shall be subject to such restrictions, limitations, terms, 
and conditions that the Secretary of Energy considers necessary in 
the interest of national security. 
SEC. 3145. OTHER DEPARTMENT OF ENERGY RESOURCES 
15 USC 4625. 
(a) AvAiLABiUTY OF RESOURCES.—Subject to subsection (b), the 
Secretary of Energy may make available to the Department of 
Defense, to any other department or agency of the Federal Govern-
ment, and to any consortium that has entered into an agreement in 
"^' 
furtherance of the Initiative any facilities, personnel, equipment, 
services, and other resources of the Department of Energy for the 
purpose of conducting research and development projects under the 
Initiative consistent with section 3143(a). 
OJ) REIMBURSEMENT.—The Secretary may make facilities available 
, r:. 
under this section only to the extent that the cost of the use of such 
facilities is reimbursed by the user. 
SEC. 3146. BUDGETING FOR SEMICONDUCTOR MANUFACTURING TECH- 15 USC 4626. 
NOLOGY RESEARCH 
(a) BUDGET SUBMISSION.—To the extent the Secretary considers 
* - «• 
appropriate and necessary, the Secretary of Energy, in preparing 
the research and development budget of the Department of Energy 
to be included in the annual budget submitted to the Congress by 
the President under section 1105(a) of title 31, United States Code, 
shall provide for programs, projects, and activities that encourage 
the development of new technology in the field of semiconductors. 
91-194 O - 90 - 9 : QL.3 Part 2 
101 STAT. 1244 
PUBLIC LAW 100-180—DEC. 4, 1987 
(b) BUDGET CATEGORIES.—The programs, projects, and activities 
described in subsection (a) shall be included in the budget for 
general science and research activities of the Department of Energy, 
except that any programs, projects, and activities that directly 
Mh: 
support and directly benefit the defense activities of the Department 
shall be included in the budget for atomic energy defense activities 
of the Department of Energy. 
Contracts. 
SEC. 3147. COST-SHARING AGREEMENTS 
1 ^ TTSO 4fi97 
(a) PERMITTED PROVISIONS.—The director of each national labora-
tory of the Department of Energy that is participating in the 
Initiative or the contractor operating any such national laboratory, 
in carrying out programs under a contract with the Department of 
Energy, may include in any research and development agreement 
entered into with a domestic firm in connection with such Initiative 
a cooperative provision for the domestic firm to pay a portion of the 
cost of the research and development activities. 
(b) LIMITATIONS.—(1) Not more than an amount equal to 1 percent 
of any national laboratory's annual budget shall be received from 
nonappropriated funds derived from contracts entered into under 
the Initiative in any fiscal year, except to the extent approved in 
advance by the Secretary of Energy. 
(2) No Department of Energy national laboratory may receive 
more than $10,000,000 of nonappropriated funds under any coopera-
tive research and development agreement entered into under this 
,t\3? rsaB :; subsection in connection with the Initiative, except to the extent 
approved in advance by the Secretary of Energy. 
15 use 4628. 
SEC. 3148. DEPARTMENT OF ENERGY OVERSIGHT OF COOPERATIVE 
AGREEMENTS RELATING TO THE INITIATIVE 
(a) PROVISIONS RELATING TO DISAPPROVAL AND MODIFICATION OF 
AGREEMENTS.—If the Secretary of Energy desires an opportunity to 
disapprove or require the modification of any agreement under 
section 3147, the agreement shall provide a 90-day period within 
-,^. 
,,,, 
which such action may be taken, beginning on the date the agree-
ment is submitted to the Secretary. 
(h) RECORD OF AGREEMENTS.—Each national laboratory shall 
maintain a record of all agreements entered into under this section. 
15 use 4629. 
SEC. 3149. AVOIDANCE OF DUPLICATION 
In carrying out the Initiative, the Secretary of Energy shall 
ensure that unnecessary duplicative research is not performed at 
the research facilities (including the national laboratories of the 
Department of Energy) that are participating in the Initiative. 
15 use 4630. 
SEC. 3150. AUTHORIZATION OF APPROPRIATIONS 
There is authorized to be appropriated to the Department of 
Energy for fiscal year 1988 the sum of $25,000,000 for general 
a : 
' r-A science and research activities of the Department of Energy under 
the Initiative. 
- ^ > >, 
* 
< 
15 use 4631. 
SEC. 3151. TECHNOLOGY TRANSFER 
(a) IN GENERAL.—The Secretary of Energy shall adopt procedures 
to provide for timely and efficient transfer of semiconductor tech-
nology developed under the Initiative pursuant to applicable laws. 
Executive orders, and regulations. 
(b) PLAN FOR COMMERCIALIZATION ENHANCEMENT.—(1) Not later 
than one year after the date on which funds are first appropriated to 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1245 
conduct the Initiative, the Secretary of Energy shall transmit to the 
committees of Congress named in paragraph (2) a plan for the 
transfer of semiconductor technology and information generated by 
the Initiative. 
(2) The committees of Congress referred to in paragraph (1) are 
the Committees on Armed Services of the Senate and House of 
Representatives, the Committee on Energy and Natural Resources 
of the Senate, and the Committee on Science and Technology of the 
House of Representatives. 
TITLE II—NATIONAL DEFENSE STOCKPILE 
SEC. 3201. SHORT TITLE 
This title may be cited as the "National Defense Stockpile Amend-
ments of 1987". 
SEC. 3202. STOCKPILE REQUIREMENTS 
(a) PROCEDURE FOR REVISIONS OF STOCKPILE REQUIREMENTS.—Sec-
tion 3 of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98b) is amended— 
(1) in subsection (a), by striking out "The" in the first sen-
tence and inserting in lieu thereof "Subject to subsection (c), 
the"; 
(2) in subsection Qa\ by striking out "the following principles" 
and all that follows and inserting in lieu thereof "the principles 
stated in section 2(c)."; and 
(3) by striking out subsection (c) and inserting in lieu thereof 
the following: 
"(c)(1) The quantity of any material to be stockpiled under this 
Act, as in effect on September 30, 1987, may be changed only as 
provided in this subsection or as otherwise provided by law enacted 
after the date of the enactment of the National Defense Stockpile 
Amendments of 1987. 
"(2) If the President proposes to change the quantity of any 
material to be stockpiled under this Act, the President shall include 
a full explanation and justification for the change in the next 
annual material plan submitted to Congress under section 11(b). 
"(3) If the proposed change in the case of any material would 
result in a new requirement for the quantity of such material 
different from the requirement for that material in effect on 
September 30, 1987, by less than 10 percent, the change may be 
made by the President effective on or after the first day of the first 
fiscal year beginning after the explanation and justification for the 
proposed change is submitted pursuant to paragraph (2), 
"(4) In the case of a proposed change not covered by paragraph (3), 
the proposed change may be made only to the extent expressly 
authorized by law. 
"(5) If in any year the reports required by sections 11(b) and 14 are 
not submitted to Congress as required by law (including the time for 
such submission), then during the next fiscal year no change under 
paragraph (3) may be made in the quantity of any material to be 
stockpiled under this Act.". 
O
b
) PURPOSE OF STOCKPILE.—Section 2 of such Act (50 U.S.C. 98a) is 
amended by adding at the end the following new subsection: 
"(c) In providing for the National Defense Stockpile under this 
Act, Congress establishes the following principles: 
National 
Defense 
Stockpile 
Amendments 
of 1987. 
50 u s e 98 note. 
President of U.S. 
President of U.S. 
101 STAT. 1246 
PUBLIC LAW 100-180—DEC. 4, 1987 
"(1) The purpose of the National Defense Stockpile is to serve 
the interest of national defense only. The National Defense 
Stockpile is not to be used for economic or budgetary purposes. 
"(2) The quantities of materials stockpiled under this Act 
should be sufficient to sustain the United States for a period of 
I 
not less than three years during a national emergency situation 
that would necessitate total mobilization of the economy of the 
United States for a sustained conventional global war of indefi-
nite duration.". 
(c) ANNUAL RECOMMENDATION OF STOCKPILE REQUIREMENTS BY 
SECRETARY OF DEFENSE.—The Strategic and Critical Materials Stock 
Piling Act is amended by adding at the end the following new 
section: 
"ANNUAL REPORT ON STOCKPILE REQUIREMENTS 
50 use 98h-5. 
"SEC. 14. (a) The Secretary of Defense shall submit to Congress an 
annual report on stockpile requirements. Each such report shall be 
submitted with the annual report submitted under section 11(b) and 
shall include— 
"(1) the Secretary's recommendations with respect to stock-
pile requirements; and 
"(2) the matters required under subsection (b). 
"(b) Each report under this section shall set forth the national 
emergency planning assumptions used in determining the stockpile 
requirements recommended by the Secretary, based upon total mo-
bilization of the economy of the United States for a sustained 
conventional global war for a period of not less than three years. 
Assumptions to be set forth include assumptions relating to each of 
the following: 
"(1) Length and intensity of the assumed emergency. 
"(2) The military force structure to be mobilized. 
"(3) Losses from enemy action. 
"(4) Military, industrial, and essential civilian requirements 
If., 
^ 
to support the national emergency. 
"(5) Budget authority necessary to meet the requirements of 
total mobilization for the military, industrial, and essential 
civilian sectors. 
^
; j >
^ ;;, ; ,; 
"(6) The availability of supplies of strategic and critical mate-
rials from foreign sources, taking into consideration possible 
shipping losses. 
"(7) Domestic production of strategic and critical materials. 
"(8) Civilian austerity measures. 
President of U.S. 
"(c) The President shall submit with each report under this 
section a statement of the plans of the President for meeting the 
recommendations of the Secretary set forth in the report.". 
SEC. 3203. STOCKPILE MANAGER 
(a) CLARIFICATION OF CHARTER OF STOCKPILE MANAGER.—Section 
6A of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98e-l) is amended to read as follows: 
NATIONAL DEFENSE STOCKPILE MANAGER 
President of U.S. 
"SEC 6A. (a) The President shall designate a single Federal office 
to have responsibility for performing the functions of the President 
under this Act, other than under sections 7, 8, and 13. The office 
PUBLIC LAW 100-180—DEC. 4, 1987 
101 STAT. 1247 
designated shall be one to which appointment is made by the 
President, by and with the advice and consent of the Senate. 
"OJ) The individual holding the office designated by the President 
under subsection (a) shall be known for purposes of functions under 
this Act as the 'National Defense Stockpile Manager'. 
"(c) The President may delegate functions of the President under President of U.S. 
this Act (other than under sections 7, 8, and 13) only to the National 
Defense Stockpile Manager. Any such delegation made by the Presi-
dent shall remain in effect until specifically revoked by law or 
Executive order. 
"(d) During any period during which there is no officer appointed 
by the President, by and with the advice and consent of the Senate, 
serving in the position designated by the President under subsection 
(a) or during which the authority of the President under this Act 
(other than under sections 7, 8, and 13) has not been delegated to 
that position, no action may be taken under section 6(b) or 6(d).". 
(b) REVOCATION OF EXISTING DELEGATION.—Effective 30 days after 
50 use 98 note, 
the date of the enactment of this Act, Executive Order 12155 is 
revoked and shall be of no further force and effect. 
(c) SAVINGS PROVISION.—Unless otherwise directed by the Presi- 50 use 98e-i 
dent under section 6A of the Strategic and Critical Materials Stock ^°^-
Piling Act, as amended by subsection (a), the designation of a 
National Defense Stockpile Manager in effect on the day before the 
date of the enactment of this Act shall remain in effect until the 
individual so designated ceases to hold the office held by the individ-
ual at the time of the designation. 
SEC. 3204. AUTHORIZED USES OF STOCKPILE TRANSACTION FUND 
Section 9(b)(2) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98h(b)(2)) is amended by striking out subpara-
graph (F). 
SEC. 3205. DEADLINE FOR ANNUAL MATERIALS PLAN 
Section 11(b) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98h-2(b)) is amended— 
(1) by striking out "The President" and inserting in lieu 
thereof "Not later than February 15 of each year, the Presi-
dent"; and 
(2) by striking out "each year, at the time that the Budget is 
submitted to Congress pursuant to section 1105 of title 31, 
United States Code, for the next fiscal year,". 
SEC. 3206. TECHNICAL AMENDMENTS 
(a) CONGRESSIONAL COMMITTEE ACTION.—Section 5(aX2) of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(aX2)) 
is amended by striking out "or until" in the first sent;ence and all 
that follows through "proposed transaction". 
Ot)) SECTION HEADING.—Such Act is amended by inserting before 
section 13 (50 U.S.C. 98h-4) the following: 
"IMPORTATION OF STRATEGIC AND CRITICAL MATERIALS". 
(c) SURPLUS WORDS.—Section 13 of such Act is amended by strik-
ing out "Notwithstanding any other provision of law, on and after 
January 1,1972, the" and inserting in lieu thereof "The". 
'tii mobim 
101 STAT. 1248 
PUBLIC LAW 100-180—DEC. 4, 1987 
TITLE III—CIVIL DEFENSE 
fe 
i 
SEC. 3301. AUTHORIZATION OF APPROPRIATION 
There is hereby authorized to be appropriated $134,806,000 for 
fiscal year 1988 for the purpose of carrying out the Federal Civil 
Defense Act of 1950 (50 U.S.C. App. 2251 et seq.). 
SEC. 3302. WITHHOLDING OF FUNDS FOR FAILURE OR REFUSAL TO 
PARTICIPATE IN SIMULATED NUCLEAR ATTACK EXERCISE 
Funds available to the Federal Emergency Management Agency 
for fiscal years 1987 and 1988 for obligation under the Federal Civil 
Defense Act of 1950 may not be withheld or withdrawn on or after 
the date of the enactment of this Act from any State or any other 
entity on the basis of the failure or refusal of such State or other 
entity to participate in a simulated nuclear attack exercise. Any 
such funds withheld from payment to a State or other entity before 
the date of the enactment of this Act on such basis shall be paid to 
such State or other entity, as the case may be, at the earliest 
practicable date after the date of the enactment of this Act. 
Approved December 4, 1987. 
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LEGISLATIVE HISTORY—H.R. 1748 (S. 1174): 
HOUSE REPORTS: No. 100-58 (Comm. on Armed Services) and No. 100-446 (Comm. 
of Conference). 
SENATE REPORTS: No. 100-57 accompanying S. 1174 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
May 4-8, 11-13, 18-20, considered and passed House. 
Sept. 11, 15-18, 22-26, 28-30, Oct. 1, 2, S. 1174 considered and passed 
'" 
Senate; H.R. 1748, amended, passed in lieu. 
Oct. 13, S. 1174 considered and passed House, amended. 
Nov. 18, House agreed to conference report. 
Nov. 19, Senate agreed to conference report.