Department of Defense Appropriations Act, 1989
PL 100-463 (H.R.4781), enacted 10/01/1988

102 STAT. 2270 
PUBLIC LAW 100-463—OCT. 1, 1988 
*Public Law 100-463 
100th Congress 
An Act 
Oct. 1, 1988 
[H.R. 4781] 
Department of 
Defense 
Appropriations 
Act, 1989. 
Arms and 
munitions. 
Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 1989, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 
1989, for military functions administered by the Department of 
Defense, arid for other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organization^ movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Army on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $24,484,745,000. 
MiuTARY P E R S O N N E L , N A V Y 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Navy on active duty (except members of the Reserve 
provided for elsewhere), midshipmen, and aviation cadets; and for 
pa3mients pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), to section 2290)) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $18,962,456,000. 
MiuTARY P E R S O N N E L , M A R I N E CORPS 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
ENROLLMENT ERRATA 
Pursuant to the provisions of H.J. Res. 665, authorizing the hand enrollment of 
appropriations bills for fiscal year 1989, and authorizing the subsequent, post-
enactment of preparation of printed enrollment of those bills, any changes made in 
this printed version will be footnoted. 
•Note: For information on the printing of this law and a related Presidential memorandum, see the editorial 
note at the end. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-1 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Depmtment of Defense Military Retirement Fund; $5,716,200,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Air Force on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; and 
for pajrments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), to section 2290t)) of the Social Security 
Act (42 U.S.C. 4290))), and to the Department of Defense Military 
Retirement Fund; $20,066,403,000: Provided, That in addition to the 
funds appropriated in this paragraph, $36,200,000 is appropriated 
for Aviation Continuation Pay. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 
under sections 265, 3021, and 3038 of title 10, United States (Dode, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training CJorps, and 
expenses authorized by section 2131 of title 10, United States (Dode, 
as authorized by law; and for pa)anents to the Department of 
Defense Military Retirement Fund; $2,261,200,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty 
under section 265 of title 10, United States C!ode, or while serving on 
active duty under section 672(d) of title 10, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States (Dode, or while undergoing reserve training, or 
while performing drills or equivalent duty, and for members of the 
Reserve Officers' Training Corps, and expenses authorized by sec-
tion 2131 of title 10, United States (Dode, as authorized by law; and 
for payments to the Department of Defense Military Retirement 
Fund; $1,621,400,000. 
RESERVE PERSONNEL, MARINE (DORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on 
active duty under section 265 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine (Dorps platoon leaders class, and expenses 
authorized by section 2131 of title 10, United States (Dode, as au-
102 STAT. 2270-2 
PUBLIC LAW 100-463—OCT. 1, 1988 
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $315,700,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active 
duty under sections 265, 8021, and 8038 of title 10, United States 
Code, or while serving on active duty under section 672(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 678(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' Training 
Corps, and expenses authorized by section 2131 of title 10, United 
States Code, as authorized by law; and for payments to the Depart-
ment of Defense Military Retirement Fund; $657,964,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on 
duty under section 265, 3021, or 3496 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 672(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 2131 of title 10, United States Code, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $3,334,000,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty 
under section 265, 8021, or 8496 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 672(d) of 
title 10 or section 502(f) of title 32, United States Code, in connection 
with performing duty specified in section 678(a) of title 10, United 
States Code, or while undergoing training, or while performing 
drills or equivalent duty, or other duty, and expenses authorized by 
section 2131 of title 10, United States Code, as authorized by law; 
and for payments to the Department of Defense Military Retirement 
Fund; $1,033,686,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Army, as authorized by law; and not 
to exceed $18,487,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Sec-
retary of the Army, and payments may be made on his certificate of 
necessity for confidential military purposes; $22,083,496,000: Pro-
vided, That of the funds appropriated in this paragraph, $900,000 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-3 
shall be available only to support the 1989 World Ski Champion-
ships. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,014,000 can be used for 
emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Navy, and payments 
may be made on his certificate of necessity for confidential military 
purposes; $24,852,100,000, of which $60,000,000 shall be transferred 
to the Coast Guard: Provided, That from the amounts of this appro-
priation for the alteration, overhaul and repair of naval vessels and 
aircraft, funds shall be available to acquire the alteration, overhaul 
and repair by competition between public and private shipyards and 
air rework facilities. The Navy shall certify that successful bids 
include comparable estimates of all direct and indirect costs for both 
public and private shipyards and air rework facilities. Competitions 
shall not be subject to section 502 of the Department of Defense 
Authorization Act, 1981, as amended, section 307 of the Department 
of Defense Authorization Act, 1985, or Office of Management and 
Budget Circular A-76: Provided further. That funds appropriated or 
made available in this Act shall be obligated and expended to 
restore and maintain the facilities, activities and personnel levels, 
including specifically the medical facilities, activities and personnel 
levels, at the Memphis Naval Complex, Millington, Tennessee, to the 
fiscal year 1984 levels: Provided further. That of the amount appro-
priated, $40,000,000 shall be available after August 15, 1989, for 
repair of blister modification of the USS MIDWAY: Provided fur-
ther. That blister modification of the USS MIDWAY may be accom-
plished at a shipyard in Japan only if such costs are assumed by the 
Government of Japan, or if the Government of Japan agrees to 
increase its share of U.S. labor costs or operational costs in the 
Japanese fiscal year by an amount equal to or greater than 
$40,000,000, and that such increase will be in addition to any 
increase already agreed to by the Governments of the United States 
and Japan at the time of enactment of this Act: Provided 
further, 
Notwithstanding section 2805 of title 10, of the funds appropriated 
herein, $3,500,000 shall be available for a grant to the Naval Under-
sea Museum Foundation for the completion of the Naval Undersea 
Museum at Keyport, Washington. These funds shall be available 
solely for project costs and none of the funds are for remuneration of 
any entity or individual associated with fund raising for the project: 
Provided further. That of the funds appropriated herein, not to 
exceed $980,000 shall be available to pay Ukpeavic Inupiat Corpora-
tion for expenses related to the conveyance of the Navy Arctic 
Research Laboratory: Provided further. That, notwithstanding any 
other provision of law, the lease of the United States Navy repair 
ship HECTOR is hereby authorized in accordance with chapter 6 of 
the Arms Export Control Act and subject to the reporting require-
ments of section 62 of the Arms Export Control Act, as provided for 
in Executive Communication 4362, subject to a separate authoriza-
tion bill being enacted or on or after October 18, 1988, whichever 
comes first. 
102 STAT. 2270-4 
PUBLIC LAW 100-463—OCT. 1, 1988 
Classified 
information. 
Classified 
information. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Marine Corps, as authorized by law; 
$1,817,000,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,690,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or authority of the 
Secretary of the Air Force, and payments may be made on his 
certificate 
of 
necessity 
for 
confidential 
military 
purposes; 
$21,721,673,000 of which $1,500,000 shall be available only for repair 
and maintenance of Decker Field, Utah: Provided, That $26,000,000 
shall be available only for the operation of the SR-71 Base in the 
Pacific area and, these funds shall be available for obligation and 
expenditure for this purpose: Provided further, That in fiscal year 
1989, not less than $15,000,000 shall be available only for the 
cleanup of uncontrolled hazardous waste contamination at Hamil-
ton Air Force Base, in Novato, in the State of California, sufficient 
to permit the unrestricted use of the property, subject to the resolu-
tion of procedural and technical issues to meet such standard which 
shall be established by the relevant State and Federal regulatory 
agencies in consultation with the Department of Defense, in accord-
ance with the agreement between the Federal Government and the 
purchaser. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by 
law; $7,635,973,000, of which not to exceed $11,691,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes: Provided, That $1,400,000 is available to the Office of 
Economic Adjustment for making community planning assistance 
grants pursuant to section 2391 of title 10, United States Code, and 
joint community/military planning assistance grants for mitigation 
of operational impacts from encroachment. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $794,900,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-5 
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $979,200,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $77,500,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $1,033,900,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; hire of passenger motor 
vehicles; personnel services in the National Guard Bureau; travel 
expenses (other than mileage), as authorized by law for Army 
personnel on active duty, for Army National Guard division, regi-
mental, and battalion commanders while inspecting units in compli-
ance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; supplying and 
equipping the Army National Guard as authorized by law; and 
expenses of repair, modification, maintenance, and issue of supplies 
and equipment (including aircraft); $1,801,200,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, includ-
ing medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
of the Air National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things; hire of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air National Guard; and 
expenses incident to the maintenance and use of supplies, materials, 
and equipment, including such as may be furnished from stocks 
under the control of agencies of the Department of Defense; travel 
expenses (other than mileage) on the same basis as authorized by 
law for Air National Guard personnel on active Federal duty, for 
Air National Guard commanders while inspecting units in compli-
ance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; $1,971,000,000. 
102 STAT. 2270-6 
PUBLIC LAW 100-463—OCT. 1, 1988 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY 
For the necessary expenses and personnel services (other than pay 
and non-travel related allowances of members of the Armed Forces 
of the United States, except for members of the Reserve components 
thereof called or ordered to active duty to provide support for the 
national matches) in accordance with law, for construction, equip-
ment, and maintenance of rifle ranges; the instruction of citizens in 
marksmanship; the promotion of rifle practice; the conduct of the 
national matches; the issuance of ammunition under the authority 
of title 10, United States Code, sections 4308 and 4311; the travel of 
rifle teams, military personnel, and individuals attending regional, 
national, and international competitions; and the payment to 
competitors at national matches under section 4312 of title 10, 
United States Code, of subsistence and travel allowances in excess of 
the amounts proAdded under section 4313 of title 10, United States 
Code; not to exceed $4,300,000, of which not to exceed $7,500 shall be 
available for incidental expenses of the National Board. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States Court of 
Military Appeals; $3,500,000, and not to exceed $1,500 can be used 
for official representation purposes. 
ENVIRONMENTAL RESTORATION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense; $500,000,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous weiste, research 
and development associated with hazardous wastes and removal of 
unsafe buildings and debris of the Department of Defense, or for 
similar purposes (including programs and operations at sites for-
merly used by the Department of Defense), transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of Defense as the Secretary may designate, 
to be merged with and to be available for the same purposes and for 
the same time period as the appropriations of funds to which 
transferred: Provided further. That upon a determination that all or 
part of the funds transferred pursuant to this provision are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation. 
GOODWILL GAMES 
For logistical support and personnel services including initial 
planning for security needs (other than pay and non-travel related 
allowances of members of the Armed Forces of the United States, 
except for members of the Reserve components thereof called or 
ordered to active duty to provide support for the Goodwill Games) 
provided by any component of the EKepartment of Defense to the 
Goodwill Games; $5,000,000. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-7 
HUMANITARIAN ASSISTANCE 
For transportation for humanitarian relief for refugees of 
Afghanistan, acquisition and shipment of transportation assets to 
assist in the distribution of such reUef, and for transportation and 
distribution of humanitarian and excess nonlethal supplies for 
worldwide humanitarian relief, as authorized by law; $13,000,000, to 
remain available for obligation until September 30, 1990: Provided, 
That the Department of Defense shall notify the Committees on 
Appropriations and Armed Services of the Senate and House of 
Representatives 21 days prior to the shipment of humanitarian 
relief which is intended to be transported and distributed to coun-
tries not previously authorized by Congress. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $2,883,700,000, to remain avail-
able for obligation until September 30,1991. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $2,602,800,000, to remain avail-
able for obligation until September 30, 1991: Provided, That funds 
may be obligated and expended for procurement and advance 
procurement of the Forward Area Air Defense System, Line-of-Sight 
Forward-Heavy system without regard to the restrictions contained 
in section 111(d) of the National Defense Authorization Act for fiscal 
years 1988 and 1989 (Public Law 100-180): Provided further. That 
notwithstanding sections 138 and 2366 of title 10, United States 
Code, the Secretary of the Army may obligate advance procurement 
funds provided for the Forward Area Air Defense System, Line-of-
Sight Forward-Heavy system. 
102 STAT. 2270-8 
PUBLIC LAW 100-463—OCT. 1, 1988 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY 
For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $2,830,921,000, to remain available for obligation 
until September 30,1991. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized in military construction authoriza-
tion Acts or authorized by section 2854, title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $2,012,970,000, to remain available for obligation 
until September 30,1991. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked combat ve-
hicles; the purchase of not to exceed 185 passenger motor vehicles 
for replacement only; communications and electronic equipment; 
other support equipment; spare parts, ordnance, and accessories 
therefor; specialized equipment and training devices; expansion of 
public and private plants, including the land necessary therefor, for 
the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $4,568,011,000, to 
remain available for obligation until September 30,1991. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, eind 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-9 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; $9,415,311,000, to remain available for 
obligation until September 30,1991: Provided, That the provisions in 
Public Laws 100-180 and 100-202 which provide that funds are 
available in specific dollar amounts only for specific programs, 
projects, or activities funded by the appropriation "Aircraft Procure-
ment, Navy" shall have no force or effect which would limit the 
application of a proportionate share of the general reduction of 
$250,000,000 allocated within the appropriation account against 
these specific programs, projects or activities. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interest therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway, as follows: 
Ballistic Missile Programs, $1,872,538,000; 
Other Missile Programs, $3,245,154,000; 
Mark-48 ADCAP Torpedo, $485,000,000; 
Mark-50 Torpedo, $198,547,000; 
Vertical Launched ASROC, $105,000,000; 
Modification of Torpedoes, $3,289,000; 
Torpedo Support Programs, $48,652,000; 
Other Weapons, $108,440,000; 
Spares and Repair Parts, $87,412,000; 
In all: $6,154,032,000, to remain available for obligation until 
September 30,1991. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title, as follows: 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$1,261,100,000; 
SSN-688 attack submarine program, $1,365,100,000; 
SSN-21 attack submarine program, $1,488,000,000; 
Aircraft carrier service life extension program, $62,743,000; 
DDG-51 destroyer program, $2,062,200,000; 
LHD-1 amphibious assault ship program, $737,500,000; 
MHC coastal mine hunter program, $197,200,000; 
T-AO fleet oiler program, $689,900,000: Provided, That the 
Navy shall first execute the remaining options for the low 
bidder's current contract: Provided further. That the remaining 
102 STAT. 2270-10 
PUBLIC LAW 100-463-OCT. 1, 1988 
funds may not be obligated or expended until the Secretary of 
the Navy conducts an independent assessment of the shipbuild-
ing mobilization base and determines whether or not the 
remaining three T-AO fleet oilers should be awarded to a 
second source shipyard and submits for approval to the Com-
mittees on Appropriations its T-AO fleet oiler procurement 
strategy; 
AO conversion program, $84,900,000; 
T-AGOS surveillance ship program, $159,600,000; 
AOE combat support ship program, $363,900,000; 
LCAC landing craft air cushion program, $306,600,000; 
For outfitting, and post delivery, $276,800,000; 
In all: $9,055,543,000, to remain available for obligation until 
September 30, 1993: Provided, That additional obligations may be 
incurred after September 30, 1993, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed 
in the final stage of ship construction: Provided further. That none 
of the funds herein provided for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign shipyards for the construction of major 
components of the hull or superstructure of such vessel: Provided 
further. That none of the funds herein provided shall be used for the 
construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support equip-
ment and materials not otherwise provided for. Navy ordnance and 
ammunition (except ordnance for new aircraft, new ships, and ships 
authorized for conversion); the purchase of not to exceed 492 pas-
senger motor vehicles of which 434 shall be for replacement only; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; $4,813,969,000, to 
remain available for obligation until September 30, 1991: Provided, 
That funds appropriated for procurement of TSEC/KY-67 (Bancroft) 
radios shall be available only for procurement of SINCGARS radios. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, ammunition, military equip-
ment, spare parts, and accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; vehicles for the Marine Corps, including pur-
chase of not to exceed 150 passenger motor vehicles for replacement 
only; and expansion of public and private plants, including land 
necessary therefor, and such lands and interests therein, may be 
acquired and construction prosecuted thereon prior to approval of 
title; $1,297,265,000, to remain available for obligation until Septem-
ber 30,1991. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-11 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $15,922,499,000, 
to remain available for obligation until September 30, 1991: Pro-
vided, That none of the funds provided in this Act may be obligated 
on B-IB bomber contracts which would cause the Air Force's 
$20,500,000,000 cost estimate for the B-IB bomber baseline program 
expressed in fiscal year 1981 constant dollars to be exceeded. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants. Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and such 
lands and interests therein, may be acquired and construction pros-
ecuted thereon prior to approval of title; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes including rents and transpor-
tation of things; $7,219,683,000, to remain available for obligation 
until September 30,1991. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground 
electronic and communication equipment), and supplies, materials, 
and spare parts therefor, not otherwise provided for; for the pur-
chase of not to exceed 517 passenger motor vehicles of which 403 
shall be for replacement only; and expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway; $8,188,638,000, to remain available for obligation 
until September 30,1991. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $1,138,900,000, to remain available 
for obligation until September 30, 1991. 
102 STAT. 2270-12 
PUBLIC LAW 100-463—OCT. 1, 1988 
PROCUREMENT, DEFENSE AGENCIES 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed 79 passenger motor vehicles of which 72 
shall be for replacement only; expansion of public and private 
plants, equipment, and installation thereof in such plants, erection 
of structures, and acquisition of land for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway; 
$1,186,100,000, to remain available for obligation until Septem-
ber 30,1991. 
DEFENSE PRODUCTION ACT PURCHASES 
For purchases or commitments to purchase metals, minerals, or 
other materials by the Department of Defense pursuant to section 
303 of the Defense Production Act of 1950, as amended (50 U.S.C. 
App. 2093); $33,500,000, of which $27,500,000 shall remain available 
for obligation until September 30,1991, and of which $6,000,000 for a 
project to develop a reliable supply of titanium ore from ilemenite 
shall remain available until September 30,1993. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $5,130,166,000, to remain available for obligation 
until September 30, 1990: Provided, That $7,300,000 shall be avail-
able only for type classification and operational testing of the 120 
millimeter mortar system and development of a family of enhanced 
120 millimeter ammunition: Provided further, That $2,500,000 shall 
be available only for the vehicular intercommunications system: 
Provided further. That $5,000,000 shall be available only for develop-
ment of fluidtronics technology for use in ground combat or support 
vehicles: Provided further, That $2,000,000 shall be made available 
until expended, as a grant, only for continued development of a 
medical research institute directed at basic and clinical research in 
immunology, for associated facilities, and for related purposes. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $9,382,312,000, to remain available for obligation 
until September 30, 1990: Provided, That $1,000,000 shall be made 
available for personnel and other expenses for the Institute for 
Technology Development, as a grant, for the National Center for 
Physical Acoustics. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-13 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $14,502,347,000, to remain available for obliga-
tion until September 30, 1990: Provided, That $2,000,000 shall be 
available only for development of high thermal stability and/or 
endothermic jet fuels, including studies on coal based fuels: Provided 
further, 
That of the funds appropriated in this paragraph, 
$890,000,000 shall be available for ICBM modernization programs as 
follows: 
(1) $40,000,000 shall be available for continued development 
and flight testing of the MX missile; 
(2) $250,000,000 shall be available for the Small ICBM pro-
gram; and 
(3) $600,000,000 shall be available for the MX Rail-Garrison 
program and of the $600,000,000 available for the MX Rail-
Garrison program, the amount obligated before February 15, 
1989, may not exceed $250,000,000: Provided further, 
That President of U.S. 
during the period beginning on January 21,1989, and ending on Reports. 
February 15,1989, the President shall submit to the Committees 
on Armed Services and the Committees on Appropriations of 
the Senate and the House of Representatives a report on— 
(A) anticipated obligations for the remainder of fiscal 
year 1989 for the small ICBM program, the MX Rail-
Garrison program, and other ICBM modernization pro-
grams; and 
(B) the purposes those obligations are intended to 
accomplish. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE 
AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test, and evaluation; 
advanced research projects as may be designated and determined by 
the Secretary of Defense, pursuant to law; maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized 
by law; $8,427,908,000, to remain available for obligation until 
September 30,1990: Provided, That $95,000,000 shall be made avail-
able only for the Advanced Submarine Technology Program as 
described in section 241 of the National Defense Authorization Act 
for Fiscal Year 1989 (H.R. 4264), as provided in the conference 
agreement included in House Report 100-753: Provided 
further, 
Tliat the Secretary of Defense shall award the funds made available 
in this Act for the University Research Initiative Program on the 
basis of competition; and, that none of the funds may be obligated or 
expended until the Appropriations and Armed Services Committees 
of the House and Senate approve a plan submitted by the Secretary 
of Defense to provide for broader ge(^aphic distribution of funds 
under such program in comparison to the distribution of such funds 
during fiscal year 1986 and 1987; and sets aside a portion of the 
funds available for such pn^ram for fiscal year 1989 to implement 
102 STAT. 2270-14 
PUBLIC LAW 100-463—OCT. 1, 1988 
such a plan: Provided further. That section 215(c) of the National 
Defense Authorization Act for Fiscal Years 1988 and 1989 (Public 
101 Stat. 1050. 
Law 100-180) is repealed: Provided further. That of funds made 
available for the Experimental Evaluation of Major Innovative 
Technologies program, $34,000,000 is available only for the purposes 
of research, development, launch, and on-orbit functional dem-
onstrations with military forces of LIGHTSAT systems and their 
required low-cost transportable space launch vehicles: Provided fur-
ther. That of the funds made available for the ALS Program, not less 
than $96,500,000 shall be transferred to the National Aeronautics 
and Space Administration only for ALS propulsion activities: Pro-
vided further. That the funds appropriated by this Act for any 
activities associated directly or indirectly with the Advanced 
Launch System or any ALS variant shall be subject to the terms and 
conditions of section 5 of chapter II of title I of Public Law 100-71 
(Supplemental Appropriations Act, 1987): Provided further. That of 
the total amount available for obligation, $16,500,000 shall be made 
available through the Office of the Under Secretary of Defense for 
Acquisition only for bioenvironmental hazards research activities at 
universities, for associated facilities, and for other related purposes: 
Provided further. That of the amounts available for obligation, an 
additional $100,000,000 shall be transferred to the National Aero-
nautics and Space Administration: Provided further. That of the 
total amount available for obligation for the Strategic Technology 
Program, $20,000,000 shall be made available only for the Defense 
Advanced Research Projects Agency Initiative in Concurrent 
Engineering: Provided further, That of the amounts available for 
obligation, in addition to the funds previously appropriated to the 
National Defense Stockpile Transaction Fund, notwithstanding the 
provisions of 50 U.S.C. 98h, there is hereby appropriated $3,500,000 
from the Strategic Technology Program only to the Fund, to remain 
available until expended for the South Carolina Research Authority 
pursuant to 50 U.S.C. 98a and 98g(a), for a grant to construct and 
Reports. 
equip a strategic materials research facility: Provided further, That 
not later than February 1, 1989, the Secretary of Defense shall 
submit to the Committees on Appropriations and on Armed Services 
of the Senate and the House of Representatives a report setting 
forth (1) each program, project, or activity for which funds were not 
requested in the budget submitted to Congress pursuant to section 
1105 of title 31, United States Code, for fiscal year 1989 and are 
made available under this Act for only one educational institution, 
or organization affiliated with an educational institution, which is 
identified, either directly or indirectly, by the terms of this Act (or 
the Joint Statement of Managers accompan5dng the conference 
report on H.R. 4781 of the One Hundredth Congress) as the institu-
tion or organization to perform the program, project, or activity for 
which such funds are provided, and (2) the name of the institution 
and the amount of funds made available for such program, project, 
or activity: Provided further. That the funds appropriated by this 
Act to carry out a program, project, or activity by any such edu-
cational institution or organization may not be obligated or ex-
pended for such purpose before February 1, 1989, and such funds 
may be obligated or expended on or after such date for such purpose 
only after a period of 90 days has expired after the date on which 
the committees named in the preceding proviso have received the 
report referred to in such proviso. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-15 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activities 
of the Deputy Under Secretary of Defense, Developmental Test and 
Evaluation in the direction and supervision of developmental test 
and evaluation, including performance and joint developmental test-
ing and evaluation; and administrative expenses in connection 
therewith; $149,900,000, to remain available for obligation until 
September 30,1990. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith; $71,234,000, to remain available for obligation 
until September 30,1990. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
ARMY STOCK FUND 
For the Army stock fund; $291,900,000, of which $20,000,000 is 
available only for paying administrative expenses associated with 
directing and performing studies, surveys, engineering analyses, 
requests for proposals, contracting and associated contract adminis-
tration functions that have as their sole objective the increased use 
of coal by the United States Department of Defense facilities in the 
United States. 
NAVY STOCK FUND 
For the Navy stock fund; $184,700,000. 
AIR FORCE STOCK FUND 
For the Air Force stock fund; $186,900,000. 
DEFENSE STOCK FUND 
For the Defense stock fund; $25,000,000. 
TITLE VI 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of 
the Department of Defense Authorization Act, 1986; $179,500,000, of 
which $117,300,000 shall remain available for obligation until 
September 30,1989, $17,900,000 shall remain available for obligation 
until September 30, 1990, $44,300,000 shall remain available for 
obligation until September 30,1991. 
102 STAT. 2270-16 
PUBLIC LAW 100-463—OCT. 1, 1988 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELUGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $144,500,000. 
INTELUGENCE COMMUNITY STAFF 
For necessary expenses of the Intelligence Community Staff; 
$23,645,000. 
DRUG INTERDICTION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $210,000,000 and by transfer from 
Aircraft Procurement, Navy, 1987/89, $90,000,000 for transfer to 
"Military Personnel" and "Operation and Maintenance" appropria-
tions for operating costs of the Department of Defense related to the 
detection and monitoring of aerial and maritime transit of illegal 
drugs into the United States. Not less than $40,000,000 of such 
amount shall be available only for drug interdiction activities of the 
Reports. 
Army National Guard and the Air National Guard. Funds appro-
priated by this paragraph in excess of $30,000,000 may not be 
obligated or expended until— 
(1) the Secretary submits to the Committees on Armed Serv-
ices and on Appropriations of the Senate and the House of 
Representatives a report on how the funds are proposed to be 
used; and 
(2) a period of 30 days has elapsed after the date on which the 
report is received by such committees. 
Such report shall be submitted not later than 60 days after the date 
of the enactment of this Act and should set forth in detail the plans 
of the Secretary for the obligation of such funds, including a state-
ment of the following: 
(A) The appropriation account or accounts to which the funds 
are proposed to be transferred. 
(B) The activities proposed to be undertaken using those 
funds. 
(O The relationship between those activities and the drug 
interdiction strat^y of the United States. 
Funds appropriated by this paragraph shall be available for obliga-
tion for the same period, and for the same purpose, as the appropria-
tion to which transferred. The transfer authority provided in this 
paragraph is in addition to any transfer authority contained else-
where in this Act. The restrictions contained in the third sentence of 
this paragraph shall not apply to the obligation of any amount not 
in excess of $30,000,000 which is obligated for drug interdiction 
activities. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-17 
SPECIAL OPERATIONS FORCES FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for equipping 
and operating Special Operations Forces; $286,000,000, of which 
$108,000,000 shall be transferred to and merged with Other Procure-
ment, Army; $35,000,000 shall be transferred to and merged with 
Operation and Maintenance, Navy; $100,000,000 shall be transferred 
to and merged with Shipbuilding and Conversion, Navy; $25,000,000 
shall be transferred to and merged with Other Procurement, Navy; 
and $18,000,000 shall be transferred to and merged with Operation 
and Maintenance, Army. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 8002. During the current fiscal year, the Secretary of Defense 
and the Secretaries of the Army, Navy, and Air Force, respectively, 
if they should deem it advantageous to the national defense, and if 
in their opinions the existing facilities of the Department of Defense 
are inadequate, are authorized to procure services in accordance 
with section 3109 of title 5, United States Code, under regulations 
prescribed by the Secretary of Defense, and to pay in connection 
therewith travel expenses of individuals, including actual transpor-
tation and per diem in lieu of subsistence while traveling from their 
homes or places of business to official duty stations and return as 
may be authorized by law: Provided, That such contracts may be 
renewed annually. 
SEC. 8003. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense. 
SEC. 8004. The Secretary of Defense and each purchasing and 
contracting agency of the Department of Defense shall assist Amer-
ican small and minority-owned business to participate equitably in 
the furnishing of commodities and services financed with funds 
appropriated under this Act by increasing, to an optimum level, the 
resources and number of personnel jointly assigned to promoting 
both small and minority business involvement in purchases fi-
nanced with funds appropriated herein, and by making available or 
causing to be made available to such businesses, information, as far 
in advance as possible, with respect to purchases proposed to be 
financed with funds appropriated under this Act, and by assisting 
small and minority business concerns to participate equitably as 
subcontractors on contracts financed with funds appropriated 
herein, and by otherwise advocating and providing small and minor-
ity business opportunities to participate in the furnishing of 
commodities and services financed with funds appropriated by this 
Act. 
SEC. 8005. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein. 
Contracts. 
Transportation. 
Wages. 
Employment 
and 
unemployment. 
Government 
organization and 
employees. 
10 u s e 1584 
note. 
Small business. 
Contracts. 
Minorities. 
102 STAT. 2270-18 
PUBLIC LAW 100-463—OCT. 1, 1988 
Aircraft and air 
carriers. 
Regulations. 
Real property. 
International 
agreements. 
Gifts and 
property. 
Reports. 
SEC. 8006, No part of the appropriations in this Act shall be 
available for any expense of operating aircraft under the jurisdic-
tion of the armed forces for the purpose of proficiency flying, as 
defined in Department of Defense Directive 1340.4, except in accord-
ance with regulations prescribed by the Secretary of Defense. Such 
regulations (1) may not require such flying except that required to 
maintain proficiency in anticipation of a member's assignment to 
combat operations and (2) such flying may not be permitted in cases 
of members who have been assigned to a course of instruction of 
ninety days or more. 
SEC. 8007. No part of any appropriation contained in this Act shall 
be available for expense of transportation, packing, crating, tem-
porary storage, drayage, and unpacking of household goods and 
personal effects in any one shipment having a net weight in excess 
of eighteen thousand pounds. 
SEC. 8008. No more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of civilian components or summer camp 
training of the Reserve Officers' Training Corps, or the National 
Board for the Promotion of Rifle Practice, Army. 
SEC. 8009. During the current fiscal year, the agencies of the 
Department of Defense may accept the use of real property from 
foreign countries for the United States in accordance with mutual 
defense agreements or occupational arrangements and may accept 
services furnished by foreign countries as reciprocal international 
courtesies or as services customarily made available without charge; 
and such agencies may use the same for the support of the United 
States forces in such areas without specific appropriation therefor. 
In addition to the foregoing, agencies of the Department of De-
fense may accept real property, services, and commodities from 
foreign countries for the use of the United States in accordance with 
mutual defense agreements or occupational arrangements and such 
agencies may use the same for the support of the United States 
forces in such areas, without specific appropriations therefor: Pro-
vided, That except as provided in 10 tJ.S.C. 2690, the foregoing 
authority shall not be available for the conversion of heating plants 
from coal to oil or coal to natural gas at defense facilities in Europe: 
Provided further, That within thirty days after the end of each 
quarter the Secretary of Defense shall render to Congress and to the 
Office of Management and Budget a full report of such property, 
supplies, and commodities received during such quarter. 
SEC. 8010. No part of any appropriation contained in this Act, 
except for small purchases in amounts not exceeding $25,000, shall 
be available for the procurement of any article or item of food, 
clothing, tents, tarpaulins, covers, cotton and other natural fiber 
products, woven silk or woven silk blends, spun silk yarn for car-
tridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, or wool (whether in the form of fiber or yarn or contained 
in fabrics, materials, or manufactured articles), or any item of 
individual equipment manufactured from or containing such fibers, 
yarns, fabrics, or materials, or specialty metals including stainless 
steel flatware, or hand or measuring tools, not grown, reprocessed, 
reused, or produced in the United States or its possessions, except to 
the extent that the Secretary of the Department concerned shall 
determine that satisfactory quality and sufficient quantity of any 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-19 
articles or items of food, individual equipment, tents, tarpaulins, 
covers, or clothing or any form of cotton or other natural fiber 
products, woven silk and woven silk blends, spun silk yarn for 
cartri^e cloth, synthetic fabric or coated synthetic fabric, canvas 
products, wool, or specialty metals including stainless steel flatware, 
grown, reprocessed, reused, or produced in the United States or its 
possessions cannot be procured as and when needed at United States 
market prices and except procurements outside the United States in 
support of combat operations, procurements by vessels in foreign 
waters, and emergency procurements or procurements of perishable 
foods by establishments located outside the United States for the 
personnel attached thereto: Provided, That nothing herein shall 
preclude the procurement of specialty metals or chemical warfare 
protective clothing produced outside the United States or its posses-
sions when such procurement is necessary to comply with agree-
ments with foreign governments requiring the United States to 
purchase supplies from foreign sources for the purposes of offsetting 
sales made by the United States Government or United States firms 
under approved programs serving defense requirements or where 
such procurement is necessary in furtherance of the standardization 
and interoperability of equipment requirements within NATO and 
the State of Israel so long as such agreements with foreign govern-
ments comply, where applicable, with the requirements of section 36 
of the Arms Export Control Act and with section 2457 of title 10, 
United States Code: Provided further, That nothing herein shall 
preclude the procurement of foods manufactured or processed in the 
United States or its possessions: Provided further. That no funds 
herein appropriated shall be used for the payment of a price dif-
ferential on contracts hereafter made for the purpose of relieving 
economic dislocations: Provided further. That none of the funds 
appropriated in this Act shall be used except that, so far as prac-
ticable, all contracts shall be awarded on a formally advertised 
competitive bid basis to the lowest responsible bidder. 
SEC. 8011. During the current fiscal year, appropriations available 
to the Department of Defense for pay of civilian employees shall be 
available for uniforms, or allowances therefor, as authorized by 
section 5901 of title 5, United States Code. 
SEC. 8012. No appropriation contained in this Act may be used to 
pay for the cost of legislative liaison activities of the Department of 
Defense in excess of $15,000,000: Provided, That costs for military 
retired pay accrual shall be included within this limitation. 
SEC. 8013. Of the funds made available by this Act for the services 
of the Military Airlift Command, $100,000,000 shall be available 
only for procurement of commercial transportation service from 
carriers participating in the civil reserve air fleet program; and the 
Secretary of Defense shall utilize the services of such carriers which 
qualify as small businesses to the fullest extent found practicable: 
Provided, That the Secretary of Defense shall specify in such 
procurement, performance characteristics for aircraft to be used 
based upon modern aircraft operated by the civil reserve air fleet. 
International 
agreements. 
Imports. 
Commerce and 
trade. 
Israel. 
Contracts. 
Marketing. 
Aircraft and 
air carriers. 
Small business. 
(TRANSFER OF FUNDS) 
SEC. 8014. Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to 
exceed $3,000,000,000 of working capital funds of the Department of 
102 STAT. 2270-20 
PUBLIC LAW 100-463—OCT. 1, 1988 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) be-
tween such appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which transferred: 
Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by Congress: 
Provided further. That the Secretary of Defense shall notify the 
Congress promptly of all transfers made pursuant to this authority. 
(TRANSFER OF FUNDS) 
SEC. 8015. During the current fiscal year, cash balances in work-
ing capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That transfers may be 
made between such funds in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of Manage-
ment and Budget, except that transfers between a stock fund ac-
count and an industrial fund account may not be made unless the 
Secretary of Defense has notified the Congress of the proposed 
transfer. Except in amounts equal to the amounts appropriated to 
working capital funds in this Act, no obligations may be made 
against a working capital fund to procure war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8016. Except as provided in 10 U.S.C. 2690, none of the funds 
available to the Department of Defense in this Act shall be utilized 
for the conversion of heating plants from coal to oil or coal to 
natural gas at defense facilities in Europe. 
SEC. 8017. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 days 
in advance to the Committees on Appropriations and Armed Serv-
ices of the Senate and House of Representatives. 
SEC. 8018. No part of the funds in this Act shall be available to 
prepare or present a request to the Committees on Appropriations 
for reprogramming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which origi-
nally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress. 
SEC. 8019. None of the funds contained in this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
under the provisions for section 1079(a) of title 10, United States 
Code, shall be available for reimbursement of any physician or other 
authorized individual provider of medical care in excess of the lower 
of: (a) the eightieth percentile of the customary charges made for 
similar services in the same locality where the medical care was 
furnished, as determined for physicians in accordance with section 
1079(h) of title 10, United States Code; or (b) the allowable amounts 
in effect during fiscal year 1988 increased to the extent justified by 
economic changes as reflected in appropriate economic index data 
similar to that used pursuant to title XVIII of the Social Security 
Act. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-21 
SEC. 8020. No appropriation contained in this Act may be used to 
pay for the cost of public affairs activities of the Department of 
Defense in excess of $51,600,000: Provided, That costs for military 
retired pay accrual shall be included within this limitation. 
SEC. 8021. None of the funds provided in this Act shall be avail-
able for the planning or execution of programs which utilize 
amounts credited to Department of Defense appropriations or funds 
pursuant to the provisions of section 37(a) of the Arms Export 
Control Act representing pa3mtient for the actual value of defense 
articles specified in section 21(aXlXA) of that Act: Provided, That 
such amounts shall be credited to the Special Defense Acquisition 
Fund, as authorized by law, or, to the extent not so credited shall be 
deposited in the Treasury as miscellaneous receipts as provided in 
section 3302(b) of title 31, United States Code. 
SEC. 8022. No appropriation contained in this Act shall be avail-
able to fund any costs of a Senior Reserve Officers' Training Corps 
unit—except to complete training of personnel enrolled in Military 
Science 4—which in its junior year class (Military Science 3) has for 
the four preceding academic years, and as of September 30, 1983, 
enrolled less than (a) seventeen students where the institution 
prescribes a four-year or a combination four- and two-year program; 
or (b) twelve students where the institution prescribes a two-year 
program: Provided, That, notwithstanding the foregoing limitation, 
funds shall be available to maintain one Senior Reserve Officers' 
Training Corps unit in each State and at each State-operated mari-
time academy: Provided further. That units under the consortium 
system shall be considered as a single unit for purposes of evalua-
tion of productivity under this provision: Provided further. That 
enrollment standards contained in Department of Defense Directive 
1215.8 for Senior Reserve Officers' Training Corps units, as revised 
during fiscal year 1981, may be used to determine compliance with 
this provision, in lieu of the standards cited above. 
SEC. 8023. None of the funds appropriated by this Act for pro-
grams of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30,1990. 
SEC. 8024. None of the funds appropriated by this Act may be used 
to support more than 6,113 full-time and 1,570 part-time military 
personnel assigned to or used in the support of Morale, Welfare, and 
Recreation activities as described in Department of Defense Instruc-
tion 7000.12 and its enclosures, dated September 4,1980. 
SEC. 8025. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified and 
confirmed if otherwise in accordance with the provisions of this Act. 
SEC. 8026. During the current fiscal year, the Department of 
Defense may enter into contracts to recover indebtedness to the 
United States pursuant to section 3718 of title 31, United States 
Code. 
SEC. 8027. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines: 
(a) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work, or 
Contracts. 
Contracts. 
102 STAT. 2270-22 
PUBLIC LAW 100-463—OCT. 1, 1988 
Health and 
medical care. 
Contracts. 
(b) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source, or 
(c) where the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8028. None of the funds appropriated by this Act shall be 
available to provide medical care in the United States on an in-
patient basis to foreign military and diplomatic personnel or their 
dependents unless the Department of Defense is reimbursed for the 
costs of providing such care: Provided, That reimbursements for 
medical care covered by this section shall be credited to the appro-
priations against which charges have been made for providing such 
care, except that inpatient medical care may be provided in the 
United States without cost to military personnel and their depend-
ents from a foreign country if comparable care is made available to 
a comparable number of United States military personnel in that 
foreign country. 
SEC. 8029. None of the funds appropriated by this Act shall be 
obligated for the second career training program authorized by 
Public Law 96-347. 
SEC. 8030. None of the funds appropriated or otherwise made 
available in this Act shall be obligated or expended for salaries or 
expenses during the current fiscal year for the purposes of demili-
tarization of surplus nonautomatic firearms less than .50 caliber. 
SEC. 8031. None of the funds provided in this Act shall be avail-
able to initiate (1) a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year of the 
contract or that includes an unfunded contingent liability in excess 
of $20,000,000, or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity procure-
ment in excess of $20,000,000 in any one year, unless the Commit-
tees on Appropriations and Armed Services of the Senate and House 
of Representatives have been notified at least thirty days in advance 
of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further. That no part of any appropriation con-
tained in this Act shall be available to initiate multiyear procure-
ment contracts for any systems or component thereof if the value of 
the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procure-
ment contract can be terminated without 10-day prior notification to 
the Committees on Appropriations and Armed Services of the House 
of Representatives and the Senate: Provided further. That the execu-
tion of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procure-
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-23 
ment. Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows: 
H-60 series helicopter engines; 
CH-47 helicopter modifications; 
Multiple Launch Rocket System; 
AV-8B aircraft; 
UHF follow-on satellite system; 
Defense Meteorological Satellite; 
F-16 aircraft; 
AH-64 helicopters; 
M-1 tank chassis; 
TOW 2 Missile: Provided, That any requirement that a 
multiyear contract may not be entered into unless the antici-
pated cost over the period of the contract is not more than 88 
percent of the average cost incurred for the same system pro-
cured under an annual contract shall not apply to multiyear 
contracts for TOW 2. 
SEC. 8032. None of the funds appropriated by this Act which are 
available for payment of travel allowances for per diem in lieu of 
subsistence to enlisted personnel shall be used to pay such an 
allowance to any enlisted member in an amount that is more than 
the amount of per diem in lieu of subsistence that the enlisted 
member is otherwise entitled to receive minus the basic allowance 
for subsistence, or pro rata portion of such allowance, that the 
enlisted member is entitled to receive during any day, or portion of a 
day, that the enlisted member is also entitled to be paid a per diem 
in lieu of subsistence. 
SEC. 8033. None of the funds appropriated by this Act shall be 
available to approve a request for waiver of the costs otherwise 
required to be recovered under the provisions of section 21(eXlXC) of 
the Arms Export Control Act unless the Committees on Appropria-
tions have been notified in advance of the proposed waiver. 
SEC. 8034. None of the funds in this Act may be used to transfer 
any article of military equipment or data related to the manufac-
ture of such equipment to a foreign country prior to the approval in 
writing of such transfer by the Secretary of the military service 
involved. 
(TRANSFER OF FUNDS) 
SEC. 8035. None of the funds appropriated in this Act may be 
made available through transfer, reprogramming, or other means 
between the Central Intelligence Agency and the Department of 
Defense for any intelligence or special activity different from that 
previously justified to the Congress unless the Director of Central 
Intelligence or the Secretary of Defense h£is notified the House and 
Senate Appropriations Committees of the intent to make such funds 
available for such activity. 
SEC. 8036. None of the funds available to the Department of 
Defense in this Act shall be used by the Secretary of a military 
department to purchase coal or coke from foreign nations for use at 
United States defense facilities in Europe when coal from the 
United States is available. 
SEC. 8037. None of the funds appropriated by this Act may be used 
to appoint or compensate more than 39 individuals in the Depart-
ment of Defense in positions in the Executive Schedule (as provided 
in sections 5312-5316 of title 5, United States Code). 
102 STAT. 2270-24 
PUBLIC LAW 100-463—OCT. 1, 1988 
SEC. 8038. None of the funds appropriated by this Act shall be 
available to convert a position in support of the Army Reserve, Air 
Force Reserve, Army National Guard, and Air National Guard 
occupied by, or prc^rammed to be occupied by, a (civilian) military 
technician to a position to be held by a person in an active Guard or 
Reserve status if that conversion would reduce the total number of 
petitions occupied by, or programmed to be occupied by, (civilian) 
military technicians of the component concerned, below 70,325: 
Provided, That none of the funds appropriated by this Act shall be 
available to support more than 47,292 positions in support of the 
Army Reserve, Army National Guard or Air National Guard occu-
pied by, or programmed to be occupied by, persons in an active 
Guard or R^erve status: Provided further. That none of the funds 
appropriated by this Act may be used to include (civilian) military 
technicians in computing civilian personnel ceilings, including 
statutory or administratively imposed ceilings, on activities in sup-
port of the Army Reserve, Air Force Reserve, Army National Guard 
or Air National Guard. 
SEC. 8039. (a) The provisions of section 115(bX2) of title 10, United 
States Code, shall not apply with respect to fiscal year 1989 or with 
respect to the appropriation of funds for that year. 
(b) During fiscal year 1989, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal 
year shall not be subject to any constraint or limitation (known as 
an end-strength) on the number of such personnel who may be 
employed on the last day of such fiscal year. 
(c) The fiscal year 1990 budget request for the Department of 
Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1990 Department of Defense budget 
request shall be prepared and submitted to the C!ongress as if 
subsections (a) and (b) of this provision were effective with regard to 
fiscal year 1990. 
SEC. 8040. None of the funds made available by this Act shall be 
used in any way for the leasing to non-Federal agencies in the 
United States aircraft or vehicles owned or operated by the Depart-
ment of Defense when suitable aircraft or vehicles are commercially 
available in the private sector: Provided, That nothing in this 
section shall affect authorized and established procedures for the 
sale of surplus aircraft or vehicles: Provided further. That nothing in 
this section shall prohibit the leasing of helicopters authorized by 
section 1463 of the Department of Defense Authorization Act of 
1986. 
SEC. 8041. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any l^islation or appropriation matters pending before 
the Congress. 
SEC. 8042. No funds available to the Department of Defense 
during the current fiscal year may be used, to enter into any 
contract with a term of eighteen months or more or to extend or 
renew any contract for a term of eighteen months or more, for any 
vessel, aircraft or vehicles, through a lease, charter, or similar 
agreement without previously having been submitted to the 
Committees on Appropriations of the House of Representatives and 
the Senate in the budgetary process: Provided, That any contractual 
agreement which imposes an estimated termination liability 
(excluding the estimated value of the leased item at the time of 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-25 
termination) on the Government exceeding 50 per centum of the 
original purchase value of the vessel, aircraft, or vehicle must have 
specific authority in an appropriation Act for the obligation of 10 
per centum of such termination liability. 
SEC. 8043. None of the funds made available by this Act shall be 
available to operate in excess of 245 commissaries in the contiguous 
United States. 
SEC. 8044. None of the funds provided in this Act shall be used to 
procure aircraft ejection seats manufactured in any foreign nation 
that does not permit United States manufacturers to compete for 
ejection seat procurement requirements in that foreign nation. This 
limitation shall apply only to ejection seats procured for installation 
on aircraft produced or assembled in the United States. 
SEC. 8045. None of the funds appropriated by this Act shall be 
obligated for the pay of any individual who is initially employed 
after the date of enactment of this Act as a technician in the 
administration and training of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve unless such 
individual is also a military member of the Army Reserve troop 
program unit that he or she is employed to support. Those techni-
cians employed by the Army Reserve in areas other than Army 
Reserve troop program units need only be members of the Selected 
Reserve. 
SEC. 8046. None of the funds appropriated by this Act shall be 
used to purchase dogs or cats or otherwise fund the use of dogs or 
cats for the purpose of training Department of Defense students or 
other personnel in surgical or other medical treatment of wounds 
produced by any type of weapon: Provided, That the standards of 
such training with respect to the treatment of animals shall adhere 
to the Federal Animal Welfare Law and to those prevailing in the 
civilian medical community. 
SEC. 8047. None of the funds made available by this Act shall be 
used to initiate full-scale engineering development of any major 
defense acquisition program until the Secretary of Defense has 
provided to the Committees on Appropriations of the House and 
Senate— 
(a) a certification that the system or subsystem being devel-
oped will be procured in quantities that are not sufficient to 
warrant development of two or more production sources, or 
(b) a plan for the development of two or more sources for the 
production of the system or subsystem being developed. 
SEC. 8048. None of the funds available to the Department of 
Defense may be used for the floating storage of petroleum or 
petroleum products except in vessels of or belonging to the United 
States. 
SEC. 8049. Of the funds made available to the Department of the 
Air Force in this Act, not less than $11,749,000 shall be available for 
the Civil Air Patrol. 
SEC. 8050. Funds available to the Department of Defense may be 
used by the Department of Defense for the use of helicopters and 
motorized equipment at Defense installations for removal of feral 
burros and horses. 
SEC. 8051. Within the funds appropriated for the operation and 
10 USC 401 note. 
maintenance of the Armed Forces, funds are hereby appropriated 
pursuant to section 403(a) of title 10, United States Code, for 
humanitarian and civic assistance costs under chapter 20 of title 10, 
United States Code. Such funds may also be obligated for humani- 
Reports. 
102 STAT. 2270-26 
PUBLIC LAW 100-463—OCT. 1, 1988 
National Guard. 
Employment 
and 
unemployment. 
Health and 
medical care. 
Handicapped 
persons. 
tarian and civic assistance costs incidental to authorized operations 
and pursuant to authority granted in section 403(b) of chapter 20 of 
title 10, United States Code, and these obligations shall be reported 
to Congress on September 30 of each year: Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic 
Action Teams in the Trust Territories of the Pacific Islands and 
freely associated states of Micronesia, pursuant to the Compact of 
Free Association as authorized by Public Law 99-239. 
SEC. 8052, Notwithstanding any other provision of law, the Sec-
retaries of the Army and Air Force may authorize the retention in 
an active status until age sixty of any officer who would otherwise 
be removed from an active status and who is employed as a National 
Guard or Reserve technician in a position in which active status in a 
reserve component of the Army or Air Force is required as a 
condition of that emplojntnent. 
SEC. 8053. It is the sense of the Congress that competition, which 
is necessary to enhance innovation, effectiveness, and efficiency, and 
which has served our Nation so well in other spheres of political and 
economic endeavor, should be expanded and increased in the provi-
sion of our national defense. 
SEC. 8054. None of the funds appropriated by this Act shall be 
available to pay a dislocation allowance pursuant to section 407 of 
title 37, United States Code, in excess of one month's basic allow-
ance for quarters. 
SEC. 8055. None of the funds available to the Department of 
Defense shall be obligated or expended to contract out any activity 
currently performed by the Defense Personnel Support Center in 
Philadelphia, Pennsylvania: Provided, That this provision shall not 
apply after notification to the Committees on Appropriations of the 
House of Representatives and the Senate of the results of the cost 
analysis of contracting out any such activity. 
SEC. 8056. Funds available for operation and maintenance under 
this Act, may be used in connection with demonstration projects and 
other activities authorized by section 1092 of title 10, United States 
Code. 
SEC. 8057. None of the funds appropriated by this Act shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of enactment of this Act, receives 
an enlistment bonus under section 308a or 308f of title 37, United 
States Code; nor shall any amounts representing the normal cost of 
such future benefits be transferred from the Fund by the Secretary 
of the Treasury to the Administrator of Veterans' Affairs pursuant 
to section 2006(d) of title 10, United States Code; nor shall the 
Administrator pay such benefits to any such member. 
SEC. 8058. Notwithstanding any other provision of law, during 
fiscal year 1989, the Department of Defense shall conduct an ex-
panded pilot project of providing home health care as part of an 
individualized case-managed range of benefits that may reasonably 
deviate from otherwise payable types, amounts and levels of care, in 
up to four geographic areas containing no more than one-fourth of 
the Department's beneficiaries, for dependents entitled to health 
care under sections 1079 and 1086 of title 10, United States Code, 
with the patients selected from those with exceptionally serious. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-27 
long-range, costly and incapacitating physical or mental conditions 
defined by the Secretary of Defense as likely to benefit from the 
range of demonstration benefits: Provided, That although the cost 
may be greater in a specific case, the net benefit cost to the 
Department of Defense shall not exceed that which could reasonably 
have been expected to occur in the absence of the demonstration: 
Provided further, That outside of the areas selected, the home 
health care pilot project as directed and implemented in fiscal years 
1986 and 1987 shall be continued. 
SEC. 8059. Funds appropriated in this Act shall be available for 
the payment of not more than 75 percent of the charges of a 
postsecondary educational institution for the tuition or expenses of 
an officer in the Ready Reserve of the Army National Guard or 
Army Reserve for education or training during his off-duty periods, 
except that no part of the charges may be paid unless the officer 
agrees to remain a member of the Ready Reserve for at least four 
years after completion of such training or education. 
SEC. 8060. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 
50 percent of an amount paid to any person under section 308 of title 
37, United States Code, in a lump sum. 
SEC. 8061. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or func-
tion of the Department of Defense that, on or after the date of 
enactment of this Act, is performed by more than ten Department of 
Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function and 
certification of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate. 
(TRANSFER OF FUNDS) 
SEC. 8062. Upon a determination by the Secretary of Defense that 
such action will result in a more economical acquisition of auto-
matic data processing equipment, funds provided in this Act under 
one appropriation account for the lease or purchase of such equip-
ment may be transferred through the Automatic Data Processing 
Equipment Management Fund to another appropriation account in 
this Act for the lease or purchgise of automatic data processing 
equipment to be merged with and to be available for the same 
purposes, and for the same time period, as the appropriation to 
which transferred: Provided, That within thirty days after the end 
Reports. 
of each quarter the Secretary of Defense shall report transfers made 
under this section to the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further. That the 
authority to transfer funds under this section shall be in addition to 
any other transfer authority contained in this Act. 
SEC. 8063. Appropriations available to the Department of Defense 
during the current fiscal year shall be available, under such regula-
tions as the Secretary of Defense may deem appropriate, to ex-
change or furnish mapping, charting, and geodetic data, supplies or 
services to a foreign country pursuant to an agreement for the 
production or exchange of mapping, charting, and geodetic data. 
SEC, 8064. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for procurement of 
120mm mortars or 120mm mortar ammunition manufactured out-
side of the United States: Provided, That this limitation shall not 
102 STAT. 2270-28 
PUBLIC LAW 100-463—OCT. 1, 1988 
apply to procurement of such mortars or ammunition required for 
testing, evaluation, type classification or equipping the Army's 
Ninth Infantry Division (Motorized). 
SEC. 8065. Appropriations made available to the Department of 
Defense by this Act may be used at sites formerly used by the 
Department of Defense for removal of unsafe buildings or debris of 
the Department of Defense: Provided, That such removal must be 
completed before the property is released from Federal Government 
control, other than property conveyed to Statp or local government 
entities or native corporations. 
SEC. 8066. None of the funds appropriated in this Act may be 
obligated or expended to carry out a program to paint any naval 
vessel with paint known as organotin or with any other paint 
containing the chemical compound tributyltin until such time as the 
Environmental Protection Agency certifies to the Department of 
Defense that whatever toxicity as generated by organotin paints as 
included in Navy specifications does not pose an unacceptable 
hazard to the marine environment: Provided, That the Navy may 
use these funds to paint aluminum-hulled craft as necessary, and, in 
addition, the Navy may paint no more than fifteen steel-hulled ships 
to conduct research as described in the "Navy Organotin Program 
Plan for Two Case Study Harbors". 
SEC. 8C67. Notwithstanding any other provision of law, funds 
available in this Act shall be available to the Department of Defense 
to grant civilian employees participating in productivity-based 
incentive award programs paid administrative time off in lieu of 
cash payment as compensation for increased productivity. 
SEC. 8068. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for depot maintenance of 
equipment unless such funds provide for civilian personnel 
strengths at the Army depots performing communications-elec-
tronics depot maintenance at an amount above the strengths as-
signed to those depots on September 30, 1985: Provided, That the 
foregoing limitation shall not apply to civilian personnel who per-
form caretaker-type functions at these installations: Provided fur-
ther. That nothing in this provision shall cause undue reductions of 
other Army depots, as determined by the Secretary of the Army. 
SEC. 8069. (a) None of the funds made available by this Act to the 
Department of Defense may be used to procure the Federal Supply 
Classes of machine tools set forth in subsection (b) of this section, for 
use in any government-owned facility or property under control of 
the Department of Defense, which machine tools were not manufac-
tured in the United States or Canada. 
Qo) The procurement restrictions contained in subsection (a) shall 
apply to Federal Supply Classes of metalworking machinery in 
categories numbered 3405, 3408, 3410-3419, 3426, 3433, 3438, 3441-
3443, 3445, 3446, 3448, 3449, 3460, and 3461. 
(c) When adequate domestic supplies of the classifications of ma-
chine tools identified in subsection (b) are not available to meet 
Department of Defense requirements on a timely basis, the procure-
ment restrictions contained in subsection (a) may be waived on a 
case-by-case basis by the Secretary of the Service responsible for the 
procurement. 
(d) Subsection (a) shall not apply to contracts which are binding as 
of the date of enactment of this Act. 
SEC. 8070. None of the funds appropriated or made available by 
this Act may be obligated for acquisition of major automated 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-29 
information systems which have not successfully completed over-
sight reviews required by Defense Department regulations: Pro-
vided, That none of the funds appropriated or made available by this 
Act may be obligated on Composite Health Care System acquisition 
contracts if such contracts would cause the total life cycle cost 
estimate of $1,100,000,000 expressed in fiscal year 1986 constant 
dollars to be exceeded. 
SEC. 8071. None of the funds appropriated in this Act may be 
obligated or expended for the procurement, modification, product-
improvement, or production qualification or prove-out of the five 
inch semi-active laser guided projectile (Deadeye). 
SEC. 8072. Except where specifically increased or decreased else-
where in this Act, the restrictions contained within appropriations, 
or provisions affecting appropriations or other funds, available 
during fiscal year 1989, limiting the amount which may be expended 
for personnel services, and including pay and allowances of military 
personnel and civilian employees, or for purposes involving personal 
services are hereby increased to the extent necessary to meet in-
creased pay costs authorized by or pursuant to law. 
SEC. 8073. None of the funds provided by this Act may be used to 
pay the salaries of any person or persons who authorize the transfer 
of unobligated and deobligated appropriations into the Reserve for 
Contingencies of the Central Intelligence Agency. 
SEC. 8074. Funds appropriated by this Act for construction 
projects of the Central Intelligence Agency, which are transferred to 
another Agency for execution, shall remain available 
until 
expended. 
SEC. 8075. (a) The Secretary of Defense shall conduct through the 
Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) a demonstration project on the treatment of alcohol-
ism designed to compare the use of chemical aversion therapy with 
the use of other treatments. At the conclusion of the demonstration 
project, the Secretary shall submit to the Committees on Appropria-
tions and Armed Services of the Senate and House of Representa-
tives a report on the results of the project: Provided, That the 
demonstration project shall be conducted at only one location: Pro-
vided further, That coverage for chemical aversion therapy under 
this demonstration project is extended to those beneficiaries re-
ferred for such treatment by a physician, psychiatrist or psycholo-
gist recognized as an authorized provider under CHAMPUS. 
Ot)) Until the report required by subsection (a) is submitted, the 
Secretary of Defense shall ensure that coverage of beneficiaries 
under section 1079(a) or 1086(a) of title 10, United States Code, shall 
continue under the provisions of subsection (a). 
SEC. 8076. None of the funds appropriated by this Act shall be 
available for the operation and maintenance of contractor-owned, 
contractor-operated primary health care facilities unless the Depart-
ment of Defense Inspector General agrees to conduct an inspection, 
audit and evaluation of these clinics. 
SEC. 8077. Notwithstanding any other provision of law, the Sec-
retary of the Navy may use funds appropriated to charter ships to 
be used as auxiliary minesweepers providing that the owner agrees 
that these ships may be activated as Navy Reserve ships with Navy 
Reserve crews used in training exercises conducted in accordance 
with law and policies governing Naval Reserve forces. 
SEC. 8078. (a) None of the funds in this Act may be used to execute 
a contract for the Civilian Health and Medical Program of the 
Alcohol and 
alcoholic 
beverages. 
Health and 
medical care. 
Reports. 
102 STAT. 2270-30 
PUBLIC LAW 100-463—OCT. 1, 1988 
Contracts. 
Insurance. 
State and local 
governments. 
Health and 
medical care. 
10 u s e 1103 
note. 
Taxes. 
Hawaii. 
Uniformed Services (CHAMPUS) Reform Initiative that exceeds the 
total fiscal year 1987 costs for CHAMPUS care provided in Califor-
nia and Hawaii, plus normal and reasonable adjustments for price 
and program growth. 
(b) Notwithsanding section 725 of Public Law 100-180, the 
preemption provisions of title 10, United States Code, chapter 55, 
section 1103, shall not be limited to contractual provisions relating 
to coverage of benefits, but shall apply to any and all contracts 
entered into pursuant to Solicitation Number MDA-903-87-R-0047 
and shall preempt any and all State and local laws or regulations 
which relate to health insurance or to prepaid health care plans: 
Provided further, That any and all funds derived from contracts or 
subcontracts issued pursuant to this solicitation shall not be subject 
to any Hawaii State or local sales, general excise, or similar taxes 
imposed upon gross sales, gross income, or gross receipts, except to 
the extent that such taxes are uniformly imposed upon physicians, 
hospitals, and all similar direct providers of health care services. 
SEC. 8079. None of the funds appropriated by this Act may be used 
by the Defense Logistics Agency to assign a supervisor's title or 
grade when the number of people he or she supervises is considered 
as a basis for this determination: Provided, That savings that result 
from this provision are represented as such in future budget 
proposals. 
SEC. 8080. None of the funds appropriated by this Act shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of the enactment of this Act, 
enlists in the armed services for less than three years; nor shall any 
amounts representing the normal cost of such future benefits be 
transferred from the Fund by the Secretary of the Treasury to the 
Administrator of Veterans Affairs pursuant to section 2006(d) of 
title 10, United States Code; nor shall the Administrator pay such 
benefits to any such member: Provided, That these limitations shall 
not apply to members in combat arms skills. 
SEC. 8081. None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the 
Army participating as a full-time student and receiving benefits 
paid by the Administrator of Veterans Affairs from the Department 
of Defense Education Benefits Fund when the time spent as a full-
time student is credited toward completion of a service commitment: 
Provided, That this provision shall not apply to those members who 
have reenlisted with this option prior to October 1, 1987: Provided 
further, That this provision applies to active components of the 
Army. 
SEC. 8082. Funds appropriated or made available in this Act shall 
be obligated and expended to continue to fully utilize the facilities at 
the United States Army Engineer's Waterways Experiment Station, 
including the continued availability of the supercomputer capability 
and the planned upgrade of this capability: Provided, That none of 
the funds in this Act may be used to purchase any supercomputer 
which is not manufactured in the United States, unless the Sec-
retary of Defense certifies to the Armed Services and Appropria-
tions Committees of Congress that such an acquisition must be made 
in order to acquire capability for national security purposes that is 
not available from United States manufacturers: Provided further. 
PUBLIC LAW 100-463-OCT. 1, 1988 
102 STAT. 2270-31 
That of the funds appropriated for "Other Procurement, Army" for 
fiscal year 1988, those funds provided for a supercomputer may only 
be obligated to purchase a system to be installed at a competitively 
selected independent academic institution: Provided further. That of 
the funds appropriated for "Other Procurement, Army" in fiscal 
year 
1989, $27,400,000 
shall 
be 
obligated 
to 
purchase 
a 
supercomputer system to be installed at the United States Army 
Engineer Waterways Experiment Station. 
SEC. 8083. For the purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99-177) as amended by 
the Balanced Bu(j^et and Emergency Deficit Control Reaffirmation 
Act of 1987 (Public Law 100-119), the term program, project, and 
activity for appropriations contained in this Act shall be defined as 
the most specific level of budget items identified in the Department 
of Defense Appropriations Act, 1989, the accompanying House and 
Senate Committee reports, the conference report and accompanjdng 
joint explanatory statement of the managers of the Committee of 
Conference, the related classified annexes, and the P-1 and R-1 
budget justification documents as subsequently modified by Congres-
sional action: Provided, however. That the following exception to the 
above definition shall apply: 
For the Military Personnel and the Operation and Maintenance 
accounts, the term "prc^am, project, and activity" is defined as the 
appropriations accounts contained in the Department of Defense 
SEC. 8084. (a) Of the funds appropriated to the Army, $109,895,000 
shall be available only for the Reserve Component Automation 
System (RCAS): Provided, That none of these funds can be expended: 
(1) except as approved by the Chief of the National Guard 
Bureau; 
(2) unless RCAS resource management functions are per-
formed by the National Guard Bureau; 
(3) unless the RCAS contract source selection official is the 
Chief of the National Guard Bureau; 
(4) to pay the salary of an RCAS program manager who has 
not been selected and approved by the Chief of the National 
Guard Bureau and chartered by the Chief of the National 
Guard Bureau and the Secretary of the Army; 
(5) unless the Program Manager (PM) charter makes the PM 
accountable to the source selection official and fully defines his 
authority, responsibility, reporting channels and organizational 
structure; 
(6) to pay the salaries of individuals assigned to the RCAS 
prc^am management office, source selection evaluation board, 
and source selection advisory board unless such organizations 
are comprised of personnel chosen jointly by the Chiefs of the 
National Guard Bureau and the Army Reserve; 
(7) to award a contract for development or acquisition of 
RCAS unless such contract is competitively awarded under 
procedures of OMB Circular A-109 for an integrated system 
consisting of software, hardware, and communications equip-
ment and unless such contract precludes the use of C^rovernment 
furnished equipment, operating systems, and executive and 
applications software; and 
(8) unless RCAS performs its own classified information 
processing. 
102 STAT. 2270-32 
PUBLIC LAW 100-463—OCT. 1, 1988 
(b) None of the funds appropriated or made available in this Act 
are available for procurement of Tactical Army Combat Service 
Support Computer Systems (TACCS) unless at least 50 percent of the 
TACCS computers procured with Army fiscal year 1989 funds are 
provided to the Reserve Component. 
(c) None of the funds appropriated in this Act are available for 
procurement of mini- and micro-computers for the Army Reserve 
Component which duplicate functions to be included in the RCAS 
contract. 
SEC. 8085, None of the funds provided for the Department of 
Defense in this Act may be obligated or expended for fixed price-
type contracts in excess of $10,000,000 for the development of a 
major system or subsystem unless the Under Secretary of Defense 
for Acquisition determines, in writing, that program risk has been 
reduced to the extent that realistic pricing can occur, and that the 
contract type permits an equitable and sensible allocation of pro-
gram risk between the contracting parties: Provided, That the 
Under Secretary may not delegate this authority to any persons who 
hold a position in the Office of the Secretary of Defense below the 
level of Assistant Secretary of Defense: Provided further, That at 
least thirty dajrs before making a determination under this section 
the Secretary of Defense will notify the Committees on Appropria-
tions of the Senate and House of Representatives in writing of his 
intention to authorize such a fixed price-t)rpe developmental con-
tract and shall include in the notice an explanation of the reasons 
for the determination. 
SEC. 8086. Monetary limitations on the purchase price of a pas-
senger motor vehicle shall not apply to vehicles purchased for 
intelligence activities conducted pursuant to Executive Order 12333 
or successor orders. 
SEC. 8087. Not to exceed $35,000,000 of the funds available to the 
Department of the Army during the current fiscal year may be used 
to fund the construction of classified military projects within the 
Continental United States, including design, architecture, and 
engineering services. 
SEC. 8088. From the amounts appropriated in this Act, funds shall 
be available for Naval Aviation Depots to perform manufacturing in 
order to compete for production contracts of Defense articles: Pro-
vided, That the Navy shall certify that successful bids between 
Naval Aviation Depots and private companies for such production 
contracts include comparable estimates of all direct and indirect 
costs: Provided further. That competitions conducted under this 
authority shall not be subject to section 502 of the Department of 
Defense Authorization Act, 1981, as amended, section 307 of the 
Department of Defense Authorization Act, 1985, or Office of 
Management and Budget Circular A-76. 
SEC. 8089. None of the funds in this Act may be avsdlable for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under manufactured outside the United States. 
SEC. 8090. (a) None of the funds available to the Department of 
Defense shall be used to enter into any agreement or contract to 
convert a heating facility at military installations in Europe to 
district heat, direct natural gas, or other sources of fuel until ninety 
days after a study by the United States Departments of Defense, 
State, and Commerce on the economic benefits of using United 
States coal at defense installations in Europe is completed and 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-33 
forwarded to Members of Congress: Provided, That this study should 
determine the extent of, and justification for, the economic benefits 
accruing to the Soviet Union from all prior and anticipated conver-
sions of United States military installations in Europe to district 
heat and direct natural gas systems which utilize Soviet-supplied 
natural gas: Provided further. That this study should also address 
the issues raised by the economic analysis prepared by the Ambas-
sador at Large on burdensharing negotiations to be appointed by the 
President as delineated by subsection (c) of section 8125 of this Act: 
Provided further. That the study also include a review of the mod-
ernization plan for the needed updating of the heating systems in 
the Kaiserslautern military community and the usage of United 
States produced coal: Provided further. That this study should be 
completed no later than July 1,1989. 
(b) Notwithstanding subsection (a), funds available to the Depart-
ment of Defense may be used to enter into an agreement or contract 
to convert a heating facility at military installations in Europe to 
district heat, direct natural gas, or other sources of fuel if the 
Secretary of Defense certifies in writing and provides a copy to the 
Committees on Appropriations of the House and Senate that such 
conversion is in the best interest of the Nation. 
SEC. 8091. During the current fiscal year, notwithstanding any Health and 
other provision of law, the Department of Defense shall exclude 
^UMJ'^^^ '^^'^^ 
from diagnosis related groups regulations: (a) inpatient hospital youth^^"^" 
services in a hospital whose patients are predominantly under 18 
years of age and (b) such services in any hospital with respect to (1) 
discharges involving newborns and infants who are less than 29 
days old upon admission (other than discharges classified to diag-
nosis related group 391), (2) discharges involving pediatric bone 
marrow transplants, (3) discharges involving children who have 
been determined to be HIV seropositive, and (4) discharges involving 
pediatric cystic fibrosis. The Department of Defense may include the 
hospital and neonatal services identified in subsections (a) and (b) in 
diagnosis related group regulations during fiscal year 1989 when the 
Department of Defense has adopted special mesisures to assure 
equitable and adequate payment for such services, such special 
measures including: (1) a "children's hospital differential" adjust-
ment for each discharge of a CHAMPUS patient from a children's 
hospital that will assure that had the regulations been in effect for 
fiscal year 1988 they would have resulted in estimated aggregate 
CHAMPUS pajmients to children's hospitals not less than estimated 
aggregate CHAMPUS payments to such hospitals for discharges 
occurring during that fiscal year under the regulations in effect 
during fiscal year 1988 (recognizing that pajonents in subsequent 
years will vary based on volume, case mix intensity, and other 
factors); for a transitional period of three years the children's 
hospital differential will be computed on a hospital specific basis for 
children's hospitals with 50 or more CHAMPUS discharges in fiscal 
year 1988 and will be computed in aggregate for children's hospitals 
with less than 50 discharges in a year; (2) a children's hospital 
differential hold harmless provision, providing for retrospective and 
prospective corrections; (3) a special outlier policy for children's 
hospitals and neonatal services that combines the thresholds in 
effect under CHAMPUS DRG regulations for fiscal year 1988 with 
the higher marginal cost factors proposed by 53 Fed. Reg. 20580 
(June 3, 1988); (4) a refinement to the DRGs for neonatal services to 
account for birthweight, surgery, and the presence of multiple, 
102 STAT. 2270-34 
PUBLIC LAW 100-463—OCT. 1, 1988 
major, and other neonatal problems; (5) incorporation of annual 
updates to the classification features included in the regulation for 
neonatal services; (6) a provision for making interim payments for 
cases that are especially lengthy or expensive; and (7) a commitment 
to examine possible further uses of Pediatric Modified DRGs in the 
future: Provided, That the Department of Defense shall ensure that 
beneficiaries not be required to pay more in cost-shares under the 
foregoing exclusions than those which would have been imposed if 
the diagnosis related group system had been instituted: Provided 
further, That notwithstanding any other provision of law, appropria-
tions available to the Department of Defense may be used to pay the 
difference between the cost-shares paid by beneficiaries under the 
foregoing and the billed charges for services covered by this 
provision. 
PROHIBITION ON PURCHASE OF TOSHIBA PRODUCTS FOR RESALE IN 
MIUTARY EXCHANGE STORES 
Effective date. 
SEC. 8092. (a) PROHIBITION.—During the three-year period begin-
50 use app. 
ning on the date of the enactment of this Act, no product manufac-
2410a note. 
tured or assembled by Toshiba America, Incorporated, or Toshiba 
Corporation (or any of its affiliates or subsidiaries) may be pur-
chased by the Department of Defense for the purpose of resale of 
such product in a military exchange store or in any other morale, 
welfare, recreation, or resale activity operated by the Department of 
Defense (either directly or by concessionaire). 
(b) EXCEPTION.—The prohibition in subsection (a) shall not apply 
to microwave ovens manufactured or assembled in the United 
States. 
SEC. 8093. Notwithstanding any other provision of law, the Sec-
retary of the Air Force shall, from existing prior year funds, make 
available $18,000,000 for the next generation trainer (F-109) engine 
over the next three-year period: Provided, That none of the funds 
may be obligated or expended until the Secretary of the Air Force 
submits a certification to the Committees on Appropriations which 
identifies a specific United States military requirement for the 
F-109 engine or which demonstrates that these funds can be fully 
recouped under a contractual arrangement with the manufacturer 
through commercial sales of the engine. 
(TRANSFER OF FUNDS) 
SEC. 8094. Notwithstanding any other provision of law, the 
Department of Defense may transfer prior year unobligated bal-
ances and funds appropriated in this Act to the operation and 
maintenance appropriations of the reserve components for the pur-
pose of providing military technician pay the same exemption from 
sequestration set forth in the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177) as amended by the 
Balanced Budget and Emergency Deficit Control Reaffirmation Act 
of 1987 (Public Law 100-119) as that granted the other military 
personnel accounts: Provided, That any transfer made pursuant to 
any use of the authority provided by this provision shall be limited 
so that the amounts reprogrammed to the operation and mainte-
nance appropriations of the reserve components do not exceed the 
amounts sequestered under the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177) as amended by the 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-35 
Balanced Budget and Emergency Deficit Control Reaffirmation Act 
of 1987 (Public Law 100-119): Provided further, That the authority to 
make transfers pursuant to this section is in addition to the author-
ity to make transfers under other provisions of this Act: Provided 
further, That the Secretary of Defense may proceed with such 
transfer after notifying the Appropriations Committees of the House 
of Representatives and the Senate twenty legislative days before any 
such transfer of funds under this provision and if no objection is 
expressed within that twenty legislative day period. 
SEC. 8095. None of the funds available to the Department of the 
Navy may be used to enter into any contract for the overhaul, 
repair, or maintenance of any naval vessel on the West Coast of the 
United States which includes charges for interport differential as an 
evaluation factor for award. 
SEC. 8096. No naval vessel or any vessel owned and operated by 
the Department of Defense homeported in the United States may be 
overhauled, repaired, or maintained in a foreign owned and oper-
ated shipyard located outside of the United States, except for voyage 
repairs. 
SEC. 8097. None of the funds available to the Central Intelligence 
Agency, the Department of Defense, or any other agency or entity of 
the United States Government may be obligated or expended during 
fiscal year 1989 to provide funds, materiel, or other assistance to the 
Nicaraguan democratic resistance unless in accordance with the 
terms and conditions specified by section 104 of the Intelligence 
Authorization Act for fiscal year 1989. 
SEC. 8098. During the current fiscal year and hereafter, appropria- lO USC 2241 
tions available to the Department of Defense for operation and ^°^-
maintenance shall be available for payment of claims authorized by 
law to be paid by the Department of Defense (except for civil 
functions), including claims for damages arising under training 
contracts with carriers, and repayment of amounts determined by 
the Secretary concerned, or officers designated by him, to have been 
erroneously collected from military and civilian personnel of the 
Department of Defense, or from States, territories, or the District of 
Columbia, or members of the National Guard units thereof. 
SEC. 8099. None of the funds provided in this Act may be obligated 
or expended for the procurement of LANDSAT or SPOT remote 
sensing data except by the Defense Mapping Agency, in its role as 
primary action office for such purchases by Department of Defense 
agencies and military departments. 
SEC. 8100. None of the funds appropriated or made available by 
this Act may be obligated for any procurement or product improve-
ment of the M80 (4.2 inch) heavy mortar, or for development or 
product improvement of 4.2 inch mortar ammunition. 
SEC. 8101. The designs of the Army LHX helicopter, the Navy 
Aircraft and air 
Advanced Tactical Aircraft, the Air Force Advanced Tactical carriers. 
Fighter, and any variants of these aircraft, must incorporate Joint 
Integrated Avionics Working Group standard avionics specifications 
no later than 1998. 
SEC. 8102. Of the funds appropriated in fiscal year 1988 to the 
Navy for Project 7000, $7,000,000 shall be provided to the Air Force 
for Project Have Gaze. 
SEC. 8103. (a) None of the funds appropriated or made available by 
this Act shall be expended to award a contract pursuant to a 
solicitation issued on or after the date of the enactment of this Act 
under the Department of Defense overseas fuel procurement pro-
102 STAT. 2270-36 
PUBLIC LAW 100-463—OCT. 1, 1988 
grams, including procurements in American Samoa and Guam, to a 
Business and 
Contractor other than a United States firm: Provided, That the 
industry. 
foregoing limitation shall not apply unless the United States firm— 
(1) has a crude oil refining capacity of not more than 85,000 
barrels a day; 
(2) participates in the Department of Defense overseas fuel 
procurement program; 
(3) agrees to the contract on the terms proposed by the foreign 
firm to which the contract would otherwise be awarded; and 
(4) does not use processing agreements in order to fulfill the 
contract, 
although 
exchange agreements 
are 
specifically 
permitted. 
(b) This provision shall not apply if the total cost of supplies 
offered by the United States firm, including transportation as speci-
fied in the solicitation, would exceed the total evaluated cost to the 
Government if the contract were awarded to the foreign firm. 
(c) This provision shall not supersede any status of forces agree-
ment and shall not apply to acquisitions subject to the Agreement 
on Government Procurement of 1979 and the Trade Agreements Act 
of 1979 (19 U.S.C. 2501-2582) and including acquisitions from coun-
tries designated under the Caribbean Basin Economic Recovery Act 
(19 U.S.C. 2701, et seq.). 
(d) For the purpose of this section, the term "United States firm" 
means a corporation, partnership, association, joint stock company, 
business trust, unincorporated organization, or sole proprietorship 
which has its principal place of business in the United States, or 
which is organized under the laws of a State of the United States or 
a territory, possession, or commonwealth of the United States. 
Reports. 
SEC. 8104. Not later than December 31, 1988, the Secretary of 
Defense shall submit to Congress a report on the causes and cir-
cumstances of all deaths of Navy personnel during Navy training 
since January 1, 1986, and on the actions taken by the Secretary of 
Defense and the Secretary of the Navy to prevent further such 
deaths. 
ALLOWABILITY OF COSTS TO PROMOTE THE EXPORT OF DEFENSE 
PRODUCTS 
SEC. 8105. (a) IN GENERAL.—Section 2324(f) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph: 
Business and 
"(5) The regulations shall provide that costs to promote the 
industry. 
export of products of the United States defense industry, includ-
ing costs of exhibiting or demonstrating products, shall be 
allowable to the extent that such costs— 
"(A) are allocable, reasonable, and 
not 
otherwise 
unallowable; 
"(B) with respect to the activities of the business segment 
to which such costs are being allocated, are determined by 
the Secretary of Defense to be likely to result in future cost 
J 
advantages to the United States; and 
"(C) with respect to a business segment which allocates to 
Department of Defense contracts $2,500,000 or more of such 
costs in any fiscal year of such business segment, are not in 
excess of the amount equal to 110 percent of such costs 
incurred by such business segment in the previous fiscal 
year.". 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-37 
(b) REGULATIONS.—The Secretary of Defense shall prescribe final 
r^ulations under paragraph (5) of section 2324(f) 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. Such regulations shall apply 
with respect to costs referred to in such paragraph that are incurred 
by a Department of Defense contractor (or a subcontractor of such a 
contractor) on or after the first day of the contractor's (or sub-
contractor's) first fiscal year that b ^ n s on or after the date on 
which such final regulations are prescribed. 
(c) REPORT.—Not later than two years after the date of the enact-
ment of this Act, the Comptroller (jeneral of the United States and 
the Inspector General of the Department of Defense shall each 
submit to the Committees on Armed Services and Appropriations of 
the Senate and House of Representatives a report that includes the 
following: 
(1) An assessment of whether the regulations required by 
section 2324(fK5) of title 10, United States Code (as added by 
subsection (a)), provide the appropriate incentives to stimulate 
exports by the United States defense industry and provide cost 
savings to the United States. 
(2) An assessment of whether such regulations provide appro-
priate criteria to ensure that costs allowed are reasonably likely 
to provide future cost savings to the United States. 
(d) TERMINATION.—Section 2324(fX5) of title 10, United States Code 
(as added by subsection (a)), shall cease to be effective three years 
after the date of the enactment of this Act. 
SEC. 8106. (a) Such sums as may be necessary for fiscal year 1989 
pay raises for programs funded by this Act shall be absorbed within 
the levels appropriated in this Act. 
(b) Sums appropriated in title I of this Act, Military Personnel, are 
reduced by $150,000,000 which will be realized by absorbing a 
portion of the pay raise requirements. 
SEC. 8107. Notwithstanding any other provision of law, the Sec-
retary of Defense shall require that a provider of services under the 
Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) also provide services to members of the armed forces 
pursuant to section 1074(c), title 10, in accordance with the same 
reimbursement rules, subject to modifications deemed appropriate 
by the Secretary of Defense, as apply under CHAMPUS. 
SEC. 8108. Of the funds made available in this Act for military 
personnel appropriations, $2,000,000 shall be available for the pay-
ment of bonuses to officers of the Army Nurse (Dorps, the Navy 
Nurse (Dorps and officers designated as Air Force nurses. A bonus, in 
an amount not to exceed $3,000, may be paid, under such regula-
tions and conditions as the Secretary of Defense deems appropriate, 
to such an officer: Provided, That the officer is on active duty under 
a call or order to active duty for a period of not less than one year: 
Provided further. That the officer is qualified and performing as an 
anesthetist: And provided further. That this provision shall not be 
effective unless specifically authorized. 
SEC. 8109. None of the funds available to the Department of 
Defense shall be obligated or expended during fiscsd year 1989 for 
the purpose of converting the Naval Avionics (Center, Indianapolis, 
the Naval Civil Engineering Laboratory, Port Hueneme, and the 
Naval Air Engineering Center, Lakehurst, from operation under the 
Navy Industrial Fund as authorized by 10 U.S.C. 2208 to operation 
as a direct appropriation financed authority. 
10 u s e 2324 
note. 
Wages. 
Health and 
medical care. 
102 STAT. 2270-38 
PUBLIC LAW 100-463—OCT. 1, 1988 
Reports. 
Wages. 
Employment and 
unemployment. 
Government 
organization 
and employees. 
10 u s e 1584 
note. 
(TRANSFER OF FUNDS) 
SEC. 8110. Notwithstanding any other provision of law, during 
fiscal year 1989, the Secretary of Defense shall make available to the 
United States Coast Guard without reimbursement not less than 
$140,000,000 in supplies, fuel, training assistance, medical support, 
and other operational support, exclusive of administrative costs; and 
from funds made available in this Act, $60,000,000 shall be trans-
ferred to Coast Guard "Operating Expenses", 
SEC. 8111. Of the funds appropriated by this Act, not more than 
$1,163,200,000 may be obligated for morale, welfare, and recreation 
activities: Provided, That nonappropriated funds may be used to 
reimburse appropriated funds for expenses of civilian employees 
employed on January 1, 1987, by revenue-generating recreation 
activities and such reimbursed expenses shall not be included in the 
dollar limitation of this section. 
SEC. 8112. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the fifty United States and the District of 
Columbia, 182,011 civilian workyears: Provided, That workyears 
shall be applied as defined in the Federal Personnel Manual Supple-
ment 298-2, Book IV: Provided further. That workyears expended in 
dependent student hiring programs or hiring programs for disadvan-
taged youth shall not be included in this workyear limitation. 
SEC. 8113. (a) No later than December 1, 1988, the Secretary of 
Defense shall submit to the Committees on Appropriations of the 
House and Senate, his evaluation of the Deputy Inspector General, 
Department of Defense, study team report titled "Review of Unified 
and Specified Command Headquarters, February 1988": Provided, 
That the evaluation shall specifically include a list of the report 
recommendations, by command, that the Secretary intends to 
implement and those recommendations that he does not intend to 
implement, 
together 
with 
the 
reasons 
for 
rejecting 
those 
recommendations not adopted. 
(b) The Secretary shall provide for the implementation of those 
recommendations included in the list submitted under subsection (a) 
in the five-year defense program submitted to Congress for fiscal 
years 1990 through 1994 under section 114(g) of title 10, United 
States Code. 
SEC. 8114. During the current fiscal year and thereafter, the 
Secretary of Defense shall notify the House and Senate Committees 
on Appropriations when salary increases granted to direct and 
indirect hire foreign national employees are at a rate in excess of 
the percentage pay increase authorized by law for civilian employ-
ees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided to National Govern-
ment employees of the host nation, whichever is higher. 
(TRANSFER OF FUNDS> 
SEC. 8115. In addition to any other transfer authority contained in 
this Act, amounts from the Defense Stock Fund shall be transferred 
to the Operation and Maintenance appropriations contained in this 
Act to be merged with and to be available for the same purposes and 
for the same time period as the appropriations to which transferred: 
Provided, That such transfers shall not be less than $40,000,000 for 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-39 
Operation and Maintenance, Army Reserve; $40,000,000 for Oper-
ation and Maintenance, Air Force Reserve; $50,000,000 for Oper-
ation and Maintenance, Army National Guard; and $50,000,000 for 
Operation and Maintenance, Air National Guard: Provided further. 
That $80,000,000 may be transferred from the Navy Industrial Fund 
to Operation and Maintenance, Navy, to refund excess asset capital-
ization charges. 
SEC. 8116. During the current fiscal year, the Secretary of Defense 
may exempt a patient from paying an amount required by section 
1079(b)(1) or 1086(bX3) of title 10, United States Code, if the hospital 
to which the patient is admitted does not impose a legal obligation 
on any of its patients to pay for inpatient care: Provided, That the 
Secretary of Defense may, upon request, make payments under 
section 1079 or 1086 of title 10, United States Code, for a charge for 
services (which shall not exceed the average amount paid for com-
parable services in the geographic area in which the hospital is 
located, or if no comparable services are available in that area, in an 
area similar to the area in which the hospital is located) for which a 
claim is submitted under a plan contracted for under section 1079(a) 
or 1086(a) of title 10, United States Code, to a hospital that does not 
impose a legal obligation on any of its patients to pay for such 
services: Provided further. That the Secretary of Defense shall 
periodically review the billing practices of each hospital the Sec-
retary approves for pa3niient under this section, to ensure that the 
hospital's practice of not billing patients for payment does not result 
in increased costs to the Government and the Secretary may require 
each hospital approved for payment under this section to provide 
evidence that it has sources of revenue to cover un-billed costs. 
SEC. 8117. None of the funds appropriated by this or any other Act 
with respect to any fiscal year for the Navy may be used to carry out 
an electromagnetic pulse program in the Chesapeake Bay area in 
connection with the Electromagnetic Pulse Radiation Environment 
Simulator for Ships (EMPRESS) program unless or until the Sec-
retary of Defense certifies to the Congress that conduct of the 
EMPRESS program is essential to the national security of the 
United States and to achieving requisite military capability for 
United States naval vessels, and that the economic, environmental, 
and social costs to the United States of conducting the EMPRESS 
program in the Chesapeake Bay area are far less than the economic, 
environmental, and social costs caused by conducting the EMPRESS 
program elsewhere. 
SEC. 8118. Funds provided by this Act for the Civilian Health and 
Medical Program of the Uniformed Services (CHAMPUS) may be 
used by the Office of CHAMPUS to conduct a pilot project to provide 
program modifications and efficiencies by amending up to two 
existing fiscal intermediary contracts: Provided, That the Secretary 
of Defense conducts a separate health care demonstration project, if 
it is in the best interests of the Government, in the New Orleans, 
Louisiana area (the area described in Solicitation Number MDA 
903-87-R-0047) that uses a managed health care network, including 
health care enrollment (as provided for in section 1099, title 10, 
United States Code): Provided further. That the Secretary shall 
implement this demonstration project no later than September 30, 
1989. 
SEC. 8119. Notwithstanding section 213(b) of the Joint Chiefs of 
Staff Reorganization Act of 1985 or any other provision of law, none 
Health care 
facilities. 
Health and 
medical care. 
Louisiana. 
102 STAT. 2270-40 
PUBLIC LAW 100-463—OCT. 1, 1988 
State and local 
governments. 
Employment and 
unemployment. 
Contracts. 
10 u s e 2488 
note. 
Union of Soviet 
Socialist 
Republics. 
International 
agreements. 
Research and 
development. 
of the funds in this or any other Act may be used to alter the 
commsuid structure for miUtary forces in Alaska. 
SEC. 8120. Notwithstanding any other provision of law, each con-
tract awarded by the Department of Defense in fiscal year 1989 for 
construction or service performed in whole or in part in a State 
which is not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unemployment as 
determined by the Secretary of Labor shall include a provision 
requiring the contractor to employ, for the purpose of performing 
that portion of the contract in such State that is not contiguous with 
another State, individuals who are residents of such State and who, 
in the case of any craft or trade, possess or would be able to acquire 
promptly the necessary skills: Provided, That the Secretary of De-
fense may waive the requirements of this section in the interest of 
J^Q4-|Q«Q1 sAcuritv 
SEC. 8121. No more than $183,179,000 of the funds appropriated by 
this Act shall be available for the payment of unemployment com-
pensation benefits. 
SEC. 8122. None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated fund activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States, unless such malt beverages and wine are procured in that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is located: Provided further. That such local procure-
ment requirements for malt beverages and wine shall apply to all 
alcoholic beverages for military installations in States which are not 
contiguous with another State: Provided further, That alcoholic 
beverages other than wine and malt beverages in contiguous States 
and the District of Columbia shsdl be procured from the most 
competitive source, price and other factors considered. 
SEC. 8123. Whereas the Congress supports the President's goal of 
reducing United States and Soviet conventional forces in Europe 
and reducing United States and Soviet strategic nuclear forces; 
Whereas it is important the Congress and the President be in 
agreement on United States national security goals and objectives in 
order for the United States to be in the strongest possible position to 
negotiate with the Soviet Union future reductions in conventional 
and strategic nuclear forces; 
Whereas the Congress strongly opposes the undercutting of these 
arms reduction negotiations by either the United States or the 
Soviet Union through unnecessary military initiatives or counter-
productive arms control proposals; 
Whereas no decision has been made on the development or deploy-
ment of strategic defenses: 
Therefore, it is the sense of the Congress that— 
(1) in order to maintain the basis for strong deterrence, the 
Strategic Defense Initiative (SDI) should be a long-term and 
robust research program to provide the United States with 
expanded options for responding to a Soviet breakout from the 
1972 Anti-Ballistic Missile Treaty and to respond to other future 
Soviet arms initiatives that might pose a grave threat to United 
States national security; 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-41 
(2) by expanding potential United States s t r a t ^ c options the 
SDI research program can enhance United States leverage in 
the United States-Soviet arms reduction negotiations and serve 
as a sa£egaard for ensuring that n^otiated agreements are 
kept; 
(3) future research plans and budgets for SDI must be estab-
lished using realistic projections of available resources in the 
overall defense budget and must not undercut other important 
Department of Defense pn^rams; and 
(4) in matching research priorities against available re-
sources, the primary emphasis of SDI should be to explore 
promising new technolc^es, such as directed energy tech-
nol(^es, which might have long-term potential to defend 
against a responsive Soviet offensive nuclear threat. 
SEC. 8124. (a) If a reduction in variable housing allowance (VHA) 
rates was required subsequent to January 1, 1988, to comply with 
section 8047 of the Department of Defense Appropriations Act, 1988, 
a member of the uniformed services who received reduced rates and 
who, on the effective date of this Act, is still a member of the 
uniformed services, shall be paid the difference between the VHA 
rate as reduced subsequent to January 1,1988, and the VHA rate to 
which the member would have been entitled under the rates estab-
lished on January 1, 1988: Providedy That such pa3rments shall be 
made from appropriations provided by this Act. 
(b) None of the funds appropriated to the Department of Defense 
by this or any other Act for fiscal year 1989 shall be available to pay 
the variable housing allowance authorized members of the uni-
formed services under section 403a of title 37, United States Code, 
and the payments authorized by subsection (a) of this section in a 
total amount in excess of $1,220,000,000: Provided, That any reduc-
tion in the rates of the variable housing allowance necessitated by 
the forgoing limitation shall be made as provided in section 403a of 
title 37, United States Code. 
SEC. 8125. (aXD Not later than March 1, 1989, the Secretary of 
Defense shall submit to Congress a report on the assignment of 
military missions among the member countries of North Atlantic 
Treaty Organization (NATO) and on the prospects for the more 
effective assignment of such missions among such countries. 
(2) The report shall include a discussion of the following: 
(A) The current assignment of military missions among the 
member countries of NATO. 
(B) Military missions for which there is duplication of capabil-
ity or for which there is inadequate capability within the cur-
rent assignment of military missions within NATO. 
(C) Alternatives to the current sissignment of military mis-
sions that would maximize the military contributions of the 
member countries of NATO. 
(D) Any efforts that are underway within NATO or between 
individual member countries of NATO at the time the report is 
submitted that are intended to result in a more effective assign 
ment of military missions within NATO. 
(b) The Secretary of Defense and the Secretary of State shall (1) 
conduct a review of the long-term strategic interests of the United 
States overseas and the future requirements for the assigment of 
members of the Armed Forces of the United States to permanent 
duty ashore outside the United States, and (2) determine specific 
actions that, if taken, would result in a more balanced sharing of 
Housing. 
Uniformed 
Reports. 
10 u s e 113 note. 
102 STAT. 2270-42 
PUBLIC LAW 100-463—OCT. 1, 1988 
Reports. 
President of 
U.S. 
Japan. 
Korea. 
Germany. 
Energy. 
Coal. 
Imports. 
President of 
U.S. 
Reports. 
Philippines. 
Japan. 
Korea. 
defense and foreign assistance spending burdens by the United 
States and its allies. Not later than August 1, 1989, the Secretary of 
Defense and the Secretary of State shall transmit to Congress a 
report containing the findings resulting from the review and their 
determinations. 
^ 
(c) The President shall appoint an Ambassador at Larg^respon-
sible to the President who shall have the responsibility for ensuring 
a more balanced sharing of defense costs by the NATO members, 
Japan, the Republic of Korea, and other countries allied to the 
United States. Such responsibilities shall incude negotiations for 
burdensharing including increased in-kind and financial support by 
such countries for Department of Defense military units and person-
nel assigned to permanent duty ashore outside the United States in 
support of the security of such countries, and multi-lateral foreign 
assistance costs: Provided, That the Ambassador at Large should 
review (1) trade restrictions that require German utilities to pur-
chase German-produced coal to the exclusion of foreign coal, includ-
ing United States coal, and (2) the extent to which the tax on 
electricity used to subsidize German coal producers is borne by 
American military installations, American military dependents, or 
American civilians who support our military installations. The 
Ambassador at Large should prepare an economic analysis on the 
comparison of using German versus United States coal at defense 
facilities in Europe. This analysis should address the issues of all 
direct subsidies provided on German coal and restrictions imposed 
on imported coal and should be submitted to the Department of 
Defense, State, and Commerce for use in their study on the eco-
nomic benefits of using coal at defense facilities in Europe. 
(d) The President shall specify (separately by appropriation ac-
count) in the Department of Defense items included in the budgets 
submitted to Congress under section 1105 of title 31, United States 
Code, for fiscal years after fiscal year 1989 the amounts necessary 
for payment of ail personnel, operations, maintenance, facilities, 
and support costs for Department of Defense overseas military 
units, and the costs for all dependents who accompany Department 
of Defense personnel outside the Unied States. 
(e) Not later than May 1, 1989, 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 that sets 
forth the total costs required to support the dependents who accom-
pany Department of Defense personnel assigned to permanent duty 
overseas. 
(0 As of September 30 of each fiscal year after fiscal year 1989, the 
number of members of the Armed Forces on active duty assigned to 
permanent duty ashore in Japan and the Republic of Korea may not 
exceed 94,450 (the number of members of the Armed Forces on 
active duty assigned to permanent duty ashore in Japan and the 
Republic of Korea on September 30, 1987). The limitation provided 
for the preceding sentence may be increased if and when a major 
reduction of United States forces in the Republic of the Philippines 
is required because of a loss of basing rights in that nation, and the 
President determines and certifies to Congress that, as a con-
sequence of such loss, an increase in United States forces stationed 
in Japan and the Republic of Korea is necessary. 
(g)(1) After fiscal year 1990, Department of Defense budget 
submissions to Congress under section 1105 of title 31, United States 
Code, shall identify funds requested for Department of Defense 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-43 
personnel and units in permanent duty stations ashore outside the 
United States that exceed the amount of such costs incurred in fiscal 
year 1989, and shall detail: (A) a description of the types of expendi-
tures increeised, by appropriation account, activity and program; 
and (B) specific efforts to obtain allied host nations' financing for 
these 4Pst increases. 
(2) The Secretary of Defense shall notify in advance the Commit- Government 
tees on Appropriations and Armed Services of the House and Senate organization 
through existing notification procedures, when costs of maintaining ^^^ employees. 
Department of Defense personnel and units in permanent duty 
stations ashore will exceed the amounts as defined in the Depart-
ment of Defense budget as enacted for that fiscal year. Such notifica-
tion shall describe: (A) the type of expenditures that increased; and 
(B) the source of funds (including prior year unobligated balances) 
by appropriation account, activity and program, proposed to finance 
these costs. 
(3) In computing the costs incurred for maintaining Department of 
Defense personnel and forces in permanent duty stations ashore 
outside the United States compared with the amount of such costs 
incurred in fiscal year 1989, the Secretary shall— 
(A) exclude increased costs resulting from increases in the Wages. 
rates of pay provided for members of the Armed Forces and 
civilian employees of the United States Government and ex-
clude any cost increases in supplies and services resulting from 
inflation; and 
(B) include (i) the costs of operation and maintenance and of 
facilities for the support of Department of Defense overseas 
personnel, and (ii) increased costs resulting from any decline in 
the foreign exchange rate of the United States dollar. 
(h) The provisions of subsections (f) and (g) shall not apply in time 
of war or during a national emergency declared by the President or 
Congress. 
(i) In this section— 
(1) the term "personnel" means members of the Armed Forces 
of the United States and civilian employees of the Department 
of Defense; 
(2) the term "Department of Defense overseas personnel" 
means those Department of Defense personnel who are assigned 
to permanent duty ashore outside the United States; and 
(3) the term "United States" includes the District of Colum-
bia, the Commonwealth of Puerto Rico, and the territories and 
possessions of the United States. 
SEC. 8126. The Secretary of Defense shall take such action as may Coal. 
be necessary to implement at the earliest practicable date and with 
funds provided for such purpose under the heading "Army Stock 
Fund" in title V of this Act, the program proposed by the Depart-
ment of Defense in a letter, dated August 30, 1985, from the Assist-
ant Secretary of Defense for Acquisition and Logistics to rehabilitate 
and convert current steam generating plants at defense facilities in 
order to achieve a coal consumption target of 1,600,000 short tons of 
coal per year (including at least 300,000 short tons of anthracite 
coal) above current consumption levels at Department of Defense 
facilities in the United States by fiscal year 1994: Provided, That 
Energy. 
such action shall be subject to use of only the most cost-effective fuel 
system in the construction of new plants or the conversion of 
existing plants; however, this cost-effectiveness requirement is not 
applicable to a comparison between bituminous and anthracite coal: 
102 STAT. 2270-44 
PUBLIC LAW 100-463—OCT. 1, 1988 
Provided further. That the requirement to purchase 300,000 short 
tons of anthracite coal expressed in the Department of Defense 
Appropriations Act, 1988, section 8113, must be complied with: 
Contracts. 
Pix)vided further. That, if the Department does not execute contracts 
to purchase the anthracite coal mandated in the fiscal year 1988 
Defense Appropriations Act by September 30, 1988, it shall use such 
funds as are necessary from appropriations made available in this 
Act to complete this purchase. 
SEC. 8127. (a) Not more than $3,000,000 of the funds appropriated 
in this Act may be used to carry out the provisions of section 430 of 
title 37, United States Code. 
O
t
>
) Of the amount appropriated in this Act for Other Procure-
ment, Air Force, the sum of $18,200,000 may be obligated only for 
the procurement of 20 Mobile Armored Reconnaissance Vehicles 
(MARV). 
(TRANSFER OF FUNDS) 
SBC. 8128. Of the funds made available by this Act to the Depart-
ment of the Army, $5,500,000 shall be transferred to the Bureau of 
Land Management for the relocation of the smokejumper facility at 
Ft. Wainwright, Alaska: Provided, That such sum shall remain 
available until expended. 
(TRANSFER OF FUNDS) 
SEC. 8129. Upon enactment of this Act, the Secretary of Defense 
shall make the foUovdng transfer of funds: Provided, That the 
amounts transferred shall be available for the same purposes as the 
appropriations to which transferred, but shall be available only for 
the time period of the appropriation from which transferred: Pro-
vided further. That funds shall be transferred between the following 
appropriations in the amounts specified: 
(1) From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1985/89": 
Trident submarine program, $89,200,000; 
T-ACS auxiliary crane ship prc^ram, $500,000; and 
Outfitting and Post Delivery programs, $7,200,000; 
Aircraft Procurement, Navy, 1987/89, $28,000,000; 
R^earch, Development, Test, and Evaluation, Navy, 
1988/89, $40,000,000; and 
Research, Development, Test, and Evaluation, Air Force, 
1988/89, $31,000,000; 
To: Under the heading, "Shipbuilding and Conversion, 
Navy, 1985/89": 
T-AO fleet oiler ship program, $54,400,000; 
MCM 
mine 
countermeasures 
ship 
progn*am, 
$30,500,000; 
DDG-51 
guided 
missile 
destroyer 
program, 
$105,000,000; 
T-AGS ocean survey ship program, $6,000,000; 
(2) Under the heading, "Shipbuilding and Conversion, Navy, 
1986/90": 
From: TRIDENT ballistic missile submarine prt^ram, 
$8,900,000; 
To: Mine countermeasures ship program, $8,900,000; and 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-45 
'. 
(3) From: 
Aircraft Procurement, Army, 1987/89, $14,800,000; 
Missile Procurement, Army, 1987/89, $75,200,000; 
-
Weapons and Tracked Combat Vehicles, Army, 1987/89, 
$77,600,000; 
Other Procurement, Army, 1987/89, $43,100,000; 
Weapons Procurement, Navy, 1987/89, $71,900,000; 
Other Procurement, Navy, 1987/89, $99,900,000; 
Other Procurement, Navy, 1988/90, $10,000,000; 
Coastal Defense Augmentation, 1988, $20,000,000; 
Aircraft Procurement, Air Force, 1987/89, $110,500,000; 
Missile Procurement, Air Force, 1987/89, $103,000,000; 
Other Procurement, Air Force, 1987/89, $32,500,000; 
National 
Guard 
and Reserve Equipment, 
1988/90, 
$82,300,000; 
Research, Development, Test, and Evaluation, Army, 
1988/89, $10,000,000; 
Research, Development, Test, and Evaluation, Air Force, 
1988/89, $5,300,000; 
To: Under the heading, "Shipbuilding and Conversion, 
Navy, 1987/91": 
DDG-51 destroyer program, $666,000,000; 
SSN-688 attack submarine program, $68,600,000; 
AO conversion program, $8,000,000; 
For craft outfitting and post delivery, $13,500,000; 
and 
(4) From: National Guard and Reserve Equipment, 1988/90, 
$110,700,000; 
To: Other Procurement, Navy, 1989/91, $110,700,000. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8130. In addition to the amounts appropriated or otherwise 
made available to this Act, $438,800,000 is appropriated for the 
DDG-51 destroyer program, and in addition, $349,200,000 shall be 
available by transfer for this program from the following appropria-
tions: Aircraft Procurement, Army, 1988/90, $30,000,000; Missile 
Procurement, Army, 1988/90, $3,800,000; Weapons and Tracked 
Combat Vehicles, Army, 1988/90, $71,500,000; Aircraft Procure-
ment, Navy, 1988/90, $61,700,000; Shipbuilding and Conversion, 
Navy, 1988/92, $126,300,000; Other Procurement, Navy, 1988/90, 
$53,900,000; and Other Procurement, Air Force, 1988/90, $2,000,000: 
Provided, That the amounts transferred shall remain available for 
obligation only for the time period provided when originally appro-
priated. 
SEC. 8131. (a) Of the funds made available in this Act to the 
Department of the Navy, $6,000,000 shall only be available for 
dredging and emplacement of a portion of dredge material at the 
critical zone Sandy Hook, New Jersey. 
(b) Under the heading entitled "construction, general", in the 
Energy and Water Development Appropriations Act of 1988, title I 
(Public Law 100-202; 101 Stat. 1329, 1329-108), amend the para-
graph that begins "The Secretary of the Army" and deals with 
Saxon Harbor, Wisconsin, by deleting the words "wood cribs as". 
(c) Section 628 of "An Act making appropriations for the Treasury 
Department, the United States Postal Service, the Executive Office 
of the President and certain independent agencies, for the fiscal 
102 STAT. 2270-46 
PUBLIC LAW 100-463—OCT. 1, 1988 
92 Stat. 1758. 
Effective date. 
Chemicals. 
Business and 
industry. 
State and local 
governments. 
Records. 
Reports. 
International 
agreements. 
Union of Soviet 
Socialist 
Republics. 
year ending September 30, 1989, and for other purposes", is hereby 
amended to add the following at the end thereof: 
"(c) This section shall be effective on January 16,1989.". 
SEC. 8132. In applying any rule of statutory construction, the 
provisions of titles I through IX of this Act shall be deemed to have 
been enacted after the provisions of the Department of Defense 
Authorization Act, fiscal year 1989 as set forth in title X of this Act 
or as set forth in H.R. 4481 (regardless of the actual dates of 
enactment concerned). 
SEC. 8133. The Secretary of Defense shall take such action as 
necessary to assure that a minimum of 50 percent of the 
polyacrylonitrile (PAN) carbon fiber requirement be procured from 
domestic sources by 1992: Provided, That the annual goals to achieve 
this requirement be as follows: 15 percent of the total DOD require-
ment by 1988; 15 percent of total DOD requirement by 1989; 20 
percent of the total DOD requirement by 1990; 25 percent of the 
total DOD requirement by 1991; and 50 percent of the total DOD 
requirement by 1992. 
SEC. 8134. The total amount appropriated to or for the use of the 
Department of Defense by this Act is reduced by $30,000,000. The 
Secretary of Defense shall allocate the amount of the reduction 
made by the preceding sentence in the procurement and research, 
development, test, and evaluation accounts of the Army, Navy, Air 
Force, Marine Corps, and Defense Agencies as the Secretary deter-
mines appropriate to reflect savings resulting from increased use of 
discount air fares that (1) are granted by commercial air carriers for 
travel of Federal Government employees on official Government 
business under agreements entered into between the Administrator 
of General Services and such carriers, and (2) are available to 
contractor personnel traveling in connection with the performance 
of cost-reimbursable contracts awarded by the Department of 
Defense. 
SEC. 8135. None of the funds made available to the Department of 
Defense in this Act may be used to plan, design, or procure more 
than one type of Air Force trainer aircraft. 
SEC. 8136. When issuing statements, press releases, requests for 
proposals, bid solicitations, and other documents describing projects 
or programs funded in whole or in part with Federal money, all 
grantees receiving Federal funds, including but not limited to State 
and local governments, shall clearly state (1) the percentage of the 
total cost of the program or project which will be financed with 
Federal money, and (2) the dollar amount of Federal funds for the 
project or program. 
SEC. 8137. The total amount appropriated to or for the use of the 
Department of Defense by this Act is reduced by $150,000,000 to 
reflect savings resulting from the decreased use of consulting serv-
ices by the Department of Defense. The Secretary of Defense shall 
allocate the amount reduced in the preceding sentence and not later 
than March 1, 1989, report to the Senate and House Committees on 
Appropriations how this reduction was allocated among the Services 
and Defense Agencies. 
SEC. 8138. Of the funds appropriated, reimbursable expenses in-
curred by the Department of Defense on behalf of the Soviet Union 
in monitoring United States implementation of the Treaty Between 
the United States of America and the Union of Soviet Socialist 
Republics on the Elimination of Their Intermediate-Range or 
Shorter-Range Missiles ("INF Treaty"), concluded December 8,1987, 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-47 
may be treated as orders received and obligation authority for the 
applicable appropriation, account, or fund increased accordingly. 
Likewise, any reimbursements received for such costs may be cred-
ited to the same appropriation, account, or fund to which the 
expenses were charged: Provided, That reimbursements which are 
not received within one hundred and eighty days after submission of 
an appropriate request for pajrment shall be subject to interest at 
the current rate established pui-suant to section 2(bXlXB) of the 
Export-Import Bank Act of 1945 (59 Stat. 526). Interest shall begin to 
accrue on the one hundred and eighty first day following submission 
of an appropriate request for pa3anent. 
SEC. 8139. Section 3554 of title 31, United States Code, is amended 
in subsection (aXD, by striking out "unless the Comptroller General 
determines and states in writing the reasons that the specific cir-
cumstances of the protest require a longer period". 
SEC. 8140. Section 2345 of the Military Construction Act, 1988 and 
1989 (division B of Public Law 100-180; 101 Stat. 1230), is amended 
to read as follows: 
"SEC. 2345. USE OF SEWAGE FACILITIES AT FORT CHAFFEE, ARKANSAS 
"(a) IN GENERAL.—^The Secretary of the Army shall permit the Contracts. 
City of Barling, Arkansas, to use the sewage treatment facilities at 
Fort Chaffee under an agreement that would require the city to pay 
a reasonable cost for the use of such facilities and to pay any 
reasonable costs incurred by the Army in increasing the capacity of 
the sewage treatment facilities at Fort Chaffee in order to accommo-
date the use of such facilities by the city. An agreement entered into 
under this section shall be for such period, not less than 20 years, as 
may be agreed upon by the Secretary and the city. 
"(b) REQUIREMENT FOR COMPLETION O F ALL ASSESSMENTS, STUDIES, 
AND REPORTS.—(1) The Secretary of the Army shall complete all 
necessary environmental assessments, studies, and reports and all 
baseline studies that may be required in connection with the in-
creased use and expansion of the sewage treatment facilities at Fort 
Chaffee as a result of the enactment of this section not later than 
120 days after the date of the enactment of this Act. 
"(2) The city shall be required to reimburse the United States for 
all costs incurred by the Secretary in carrying out such assessments, 
studies, and reports. Such costs shall be amortized over the period of 
the agreement entered into by the Secretary and the city pursuant 
to subsection (a). 
"(c) DEADLINE FOR AGREEMENT.—The Secretary shall enter into 
n^otiations with the City of Barling at the earliest practicable date 
after the date of the enactment of this Act r^arding the use of the 
sewage treatment facilities at Fort Chaffee and shall make every 
effort to conclude negotiations and sign an agreement with the city 
not later than 150 days after the date of the enactment of this Act. 
"(d) ADDITIONAL TERMS AND CONDITIONS.—Any agreement 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.". 
SBC. 8141. (a) Not later than 90 days after the date of enactment of 
Regulations. 
this Act, the Administrator of the Office of Federal Procurement 
41 use 405b. 
Policy shaU issue a policy, and not later than 180 days thereafter 
Government-wide r^ulations shall be issued under the Office of 
Federal Procurement Policy Act which set forth— 
102 STAT. 2270-48 
PUBLIC LAW 100-463—OCT. 1, 1988 
Contracts. 
Reports. 
(1) conflict of interest standards for persons who provide 
consulting services described in subsection (h); and 
(2) procedures, including such registration, certification, and 
enforcement requirements as may be appropriate, to promote 
compliance with such standards. 
(b) The regulations required by subsection (a) shall apply to the 
following types of consulting services: 
(1) advisory and assistance services provided to the Govern-
ment to the extent necessary to identify and evaluate the 
potential for conflicts of interest that could be prejudicial to the 
interests of the United States; 
Contracts. 
(2) services related to support of the preparation or submis-
sion of bids and proposals for Federal contracts to the extent 
that inclusion of such services in such regulations is necessary 
to identify and evaluate the potential for conflicts of interest 
that could be prejudicial to the interests of the United States; 
and 
(3) such other services related to Federal contracts as may be 
specified in the regulations prescribed under subsection (a) to 
the extent necessary to identify and evaluate the potential for 
conflicts of interest that could be prejudicial to the interests of 
the United States. 
(c) The Comptroller General shall report to Congress not later 
than one year after the date of enactment of this Act his assessment 
of the effectiveness of the regulations prescribed under this section. 
(d) Intelligence activities as defined in section 3.4(e) of Executive 
order 12333 or a comparable definitional section in any successor 
order may be exempt from the regulations required by subsection 
Reports. 
(a): Provided, That the Director of Central Intelligence shall report 
to the Intelligence and Appropriations Committees of the Congress 
no later than January 1, 1990, and annually thereafter delineating 
those activities and organizations which have been exempted from 
the regulations required by subsection (a) in accordance with the 
provisions of this subsection. 
President of U.S. 
(e) The President shall, before issuance of the regulations required 
Reports. 
by subsection (a), determine if the promulgation of such regulations 
would have a significantly adverse effect on the accomplishment of 
the mission of the Department of Defense or other Federal Govern-
ment agencies: Provided, That if the President determines that the 
regulations required by subsection (a) would have such an adverse 
effect, the President shall so report to the appropriate committees of 
the Senate and the House of Representatives, stating in full the 
reasons for such a determination: Provided further, That in the 
event of submission of a report to the committees containing an 
adverse effect determination, the requirement for the regulations 
prescribed by subsection (a) shall be null and void. 
SEC. 8142. (a) Of the amounts available to the Department of 
Defense for fiscal year 1989, not less than $10,000,000 shall be 
available for National Defense Science and Engineering Graduate 
Fellowships to be awarded on a competitive basis by the Secretary of 
Defense to United States citizens or nationals pursuing advanced 
degrees in fields of primary concern and interest to the Department, 
(b) Fellowships awarded pursuant to subsection (a) above shall not 
be restricted on the basis of the geographical locations in the United 
States of the institutions at which the recipients are pursuing the 
aforementioned advanced degrees. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-49 
(c) Not less than 50 per centum of the funds necessary to carry out 
this section shall be derived from the amounts available for the 
University Research Initiative Program in "Research, Development, 
Test, and Evaluation, Defense Agencies", and the balance necessary 
shall be derived from amounts available for Defense Research Sci-
ences under title IV of this Act. 
SEC. 8143. Of the amounts available for obligation for research, 
development, test, and evaluation, no more than $2,500,000 shall be 
made available in equal amounts to the Army and the Air Force for 
the testing and evaluation of low-profile antenna systems for ground 
level communications: Provided, That whatever total amount made 
available by this section shall only be available if it is matched on 
an equal basis by any industrial participant in the testing and 
evaluation: Provided further. That the Secretary of the Army and 
the Secretary of the Air Force shall report the result of these tests 
and evaluation to the Committees on Appropriations of the Senate 
and House of Representatives by June 30,1989. 
SEC. 8144. (a) The Congress finds that— 
(1) the armed forces of the Soviet Union have waged a brutal 
war of conquest against the people of Afghanistan for 8 years; 
(2) foreign correspondents attempting to cover the war in 
Afghanistan have always been subject to extreme danger; 
(3) the danger to foreign correspondents became even greater 
in 1984 when the Soviet Ambassador to Pakistan explicitly 
threatened foreign journalists entering Afghanistan in the com-
pany of the Afghan resistance, known as the mujaheddin; 
(4) on September 19, 1985, Charles E. Thornton, a medical 
reporter for the Arizona Republic, was killed by Soviet troops 
while preparing a story about volunteer doctors in Afghanistan; 
(5) on October 9, 1987, Lee Shapiro, of North Bergen, New 
Jersey, and Jim Lindelof, of California, were ambushed and 
murdered by Soviet troops while filming a documentary on the 
war in Afghanistan; 
(6) the statements of Abdul Malik, the Afghan interpreter and 
guide who accompanied Lee Shapiro and Jim Lindelof and who 
witnessed their deaths, demonstrate that the two Americans 
were straffed by helicopter gunships of the Soviet Union and 
shot by Soviet soldiers who then confiscated their equipment 
and film; and 
(7) Charles E. Thornton, Lee Shapiro, and Jim Lindelof dis-
played great courage by facing the perils of war and the lethal 
threat directed against correspondents and ultimately gave 
their lives to inform the world of the struggle for liberty taking 
place in Afghanistan. 
(b) It is the sense of the Congress that the President should 
posthumously award the Presidential Medal of Freedom to Charles 
E. Thornton, Lee Shapiro, and Jim Lindelof in honor of their brave 
efforts to document the Afghan struggle for freedom. 
Reports. 
Union of Soviet 
Socialist 
Republics. 
Charles E. 
Thornton. 
Lee Shapiro. 
Jim Lindelof. 
Abdul Malik. 
Decorations, 
medals, awards. 
TITLE IX—ASSISTANCE FOR THE NICARAGUAN 
RESISTANCE 
SEC. 9001. POLICY. 
It is the policy of the United States to advance peace and democ-
racy in Central America and to protect American security interests 
in the region. In pursuing that policy it is the objective of the United 
102 STAT. 2270-50 
PUBLIC LAW 100-463—OCT. 1, 1988 
States to seek a just and lasting peace for the region in a manner 
compatible with the Esquipulas Accord of August 7, 1987, the dec-
laration of the Central American presidents at San Jose, Costa Rica, 
on January 16, 1988, the Sapoa Agreement of March 23, 1988, and 
United States national security interests in the region. 
SEC. 9002. SPECIAL CONDITIONS WARRANTING EXPEDITED PROCEDURES 
FOR LEGISLATION CONCERNING TRANSPORTATION OF PRE-
VIOUSLY APPROPRIATED ASSISTANCE HELD IN TITLE BY 
THE NICARAGUAN RESISTANCE. 
If, at any time after enactment of this Act and before the adjourn-
ment sine die of the second session of the One Hundredth 
Congress— 
(1) the President finds that the Government of Nicaragua has 
caused an emergency situation in Central America which is 
having a critical impact on peace and stability of that region, 
and 
(2) the President has consulted with the presidents of Costa 
Rica, El Salvador, Honduras, and Guatemala regarding that 
emergency situation, and 
(3) the President submits to the Congress the report described 
in section 9004(a), and 
(4) the President requests the Congress to consider legislation 
which would authorize the transportation to the Nicaraguan 
Resistance of previously appropriated assistance held in title by 
the Nicaraguan Resistance and, if necessary, provide authority 
for (a) the interchangeability of such assistance with equipment 
of comparable value and purpose which is owned by the United 
States, and (b) the transportation of humanitarian and military 
assistance in the same transportation system, and 
(5) the House of Representatives has passed legislation, with 
or without amendments, with respect to the request under 
paragraph (4), 
then a joint resolution described in section 9013(aXl), shall be 
considered in the Senate in accordance with the procedures specified 
in section 9013 of this title. 
SEC. 9003. RESTRICTIONS REGARDING THE EMERGENCY TRANSPORT OF 
PREVIOUSLY APPROPRIATED ASSISTANCE HELD IN TITLE BY 
THE NICARAGUAN RESISTANCE. 
(a) IN GENERAL.—This section shall only apply upon the enact-
ment of legislation, considered in the Senate in accordance with 
section 9013, authorizing the transportation to the Nicaraguan 
Resistance of previously appropriated assistance not to exceed 
$16,500,000 held in title by the Nicaraguan Resistance and, if nec-
essary, providing authority for the interchangeability of such assist-
ance with equipment of comparable value and purpose which is 
owned by the United States. 
O
t
>
) FUNDS FOR TRANSPORTATION.—(1) There shall be transferred to 
the Secretary of State from unobligated funds from appropriations 
accounts specified in section 9011— 
(A) such sums as are necessary to carry out the transportation 
requirements described in subsection (a), but not to exceed 
$5,000,000; and 
(B) such sums as are necessary to provide for the indemnifica-
tion of aircraft leased with funds transferred under clause (A), 
but not to exceed $20,000,000. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-51 
(2) The Secretary of State shall transfer the balance, if any, 
remaining of funds transferred under paragraph (IXB) to the appro-
priations accounts from which such funds were transferred under 
such paragraph when the transportation requirements described in 
subs^ion (a) have been met. 
(c) MONITORING BY CONGRESSIONAL COMMITTEES.—(1) The chair-
men and ranking minority members of the Permanent Select 
Committee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate shall be kept fully 
and currently informed regarding the transportation or exchange of 
any assistance described in subsection (a), including the value and 
purpose of the items transported or exchsmged and the costs of such 
transportation. 
(2) For purposes of this subsection, the term "fully and currently 
informed 
includes the provision of all records, data, and other 
information necessary to carry out the monitoring of activities 
described in this subsection. 
(d) ROLE OF THE SECRETARY OF STATE.—The Secretary of State (or 
his designee) shall be responsible for support, coordination, and 
supervision of the transportation of assistance described in subsec-
tion (a). Such support shall involve the provision of funds as well as 
the provision and transportation of materiel and other assistance. 
(e) The authority granted by this section expires upon delivering Termination 
of previously appropriated assistance and interchanged assistance date. 
authorized by this section. 
SEC. 9004. REPORTS. 
(a) PRESIDENTIAL REPORT.—At the time of the submission to the 
Congress by the President of any request for the authority described 
in section 9002(4), the President shall submit to the CJongress a 
report containing— 
(1) a detailed discussion and substantial evidence of the 
nature of the emergency situation in or adjacent to Nicar£igua 
caused by actions taken by the Government of Nicaragua 
having a critical impact on peace and stability of the Central 
American r ^ o n , 
(2) a description of the recommendations made by the presi-
dents of the (Jentral American democracies consulted in accord-
ance with section 9002(2), and 
(3) the justification for the transport to the Nicaraguan 
R^istance of previously appropriated assistance held in title by 
the Nicaraguan Resistance, 
including specific information pertaining to at least two of the 
following three actions: 
(A) Sandinista initiation of an unprovoked military 
attack and any other hostile action directed against the 
forces of the Nicaraguan Resistance, as well as participa-
tion or support of any hostUe actions against such forces by 
any other foreign country or organized group; 
(B) Other blatant violations of the Esquipulas Accord of 
August 7, 1987, such as suppression of the media and the 
internal political opposition, including a denial of its rights 
to assemble and to hold peaceful demonstrations, and other 
human rights violations against the people of Nicaragua; 
and 
(C) A continued unacceptable level of military assistance 
by Soviet-bloc countries, including Cuba. 
102 STAT. 2270-52 
PUBLIC LAW 100-463—OCT. 1, 1988 
Ob) MONTHLY REPORT BY THE SECRETARY OF STATE.—The Secretary 
of State shall, not less than once every 30 days after the date of 
enactment of this Act until the funds provided under this title are 
expended, submit to the intelligence committees and foreign rela-
tions committees of the Congress a report— 
(1) describing the conditions in Nicaragua and the use of the 
funds provided under this title; 
(2) a detailed statement of any progress toward a negotiated 
settlement of the armed conflict in Central America, as agreed 
to under the Esquipulas Accord of August 7,1987; 
(3) a detailed discussion of United States efforts since the 
signing of the Sapoa agreement to encourage the Soviet Union 
to restrict the shipment of Soviet arms to the Government of 
Nicaragua and specifying Soviet reaction to such efforts; 
(4) a discussion reviewing the status of United States national 
security interests in Central America, with particular attention 
to the advisability of entering into bilateral negotiations with 
the Government of Nicaragua concerning— 
(A) the termination of the presence of Soviet and Soviet-
bloc (including Cuban) military and security advisors in 
Nicaragua; 
(B) the termination of Soviet and Soviet-bloc (including 
Cuban) assistance to the Government of Nicaragua; and 
(C) a prohibition on the establishment or use of bases in 
Nicaragua by the Soviet Union or any Soviet-bloc country, 
including Cuba; 
(5) a description of United States diplomatic efforts in support 
of the Esquipulas Accord of August 7, 1987, and the Sapoa 
Agreement of March 23, 1988, and an analysis of the actions 
taken by the Nicaraguan Resistance and the Government of 
Nicaragua to negotiate a settlement under the provisions of 
these agreements; 
(6) an evaluation of the effect that additional military assist-
ance for the Nicaraguan Resistance would have on political and 
economic stability in Honduras, Costa Rica, and El Salvador, as 
well as how such assistance would advance the process of 
negotiation and political settlement in Nicaragua; 
(7) a description of the progress made by economic develop-
ment programs that have been implemented in Honduras, El 
Salvador, and Costa Rica since the Esquipulas Accord of 
August 7, 1987, was signed and what effect renewed fighting in 
Nicaragua would have on these programs; and 
(8) a discussion of the policies of the European allies of the 
United States and the Latin American democracies (outside 
Central America) toward Central America, and the extent of 
their support for and cooperation with United States policies 
regarding the Nicaraguan Resistance. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term "intelligence committees" refers to the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of the 
Senate; and 
(2) the term "foreign relations committees" refers to the 
Committee on Foreign Relations of the Senate and the Commit-
tee on Foreign Affairs of the House of Representatives. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-53 
SEC. 9005. PROHIBITION. 
Except as provided in this title, no additional assistance may be 
provided to the Nicaraguan Resistance unless the Congress enacts a 
law specifically authorizing such assistance. 
SEC. 9006. ADDITIONAL HUMANITARIAN ASSISTANCE. 
(a) TRANSFER OF FUNDS.—The President shall transfer to the President of U.S. 
Agency for International Development, from unobligated funds from 
the appropriations accounts specified in section 9011— 
(1) $27,140,000, to provide humanitarian assistance to the 
Nicaraguan Resistance, to remain available through March 31, 
1989, except that funds provided by this subsection shall not be 
obligated for humanitarian assistance prior to October 1, 1988; 
and 
(2) such funds as may be necessary to provide transportation 
in accordance with section 9007 for assistance authorized by 
paragraph (1). 
Ot)) DEFINITION.—For purposes of this section and section 9007, the 
term "humanitarian assistance" means— 
(1) food, clothing, and shelter; 
(2) medical services, medical supplies, and nonmilitary train-
ing for health and sanitation; 
(3) nonmilitary training of the recipients with respect to their 
treatment of civilians and other armed forces personnel, in 
accordance with internationally accepted standards of human 
rights; 
(4) payment for such items, services, and training; and 
(5) replacement 
batteries 
for existing 
communications 
equipment. 
^ SEC. 9007. TRANSPORTATION OF HUMANITARIAN ASSISTANCE. 
(a) IN GENERAL.—The transportation of humanitarian assistance 
on or after the date of enactment of this Act which, before such date, 
was specifically authorized by law to be provided to the Nicaraguan 
Resistance, or which is authorized to be provided by section 9006, 
shall be arranged— 
(1) in the case of the forces of the Nicaraguan resistance 
outside Nicaragua, solely by the Agency for International 
Development; and 
(2) in the case of the forces of the Nicaraguan resistance in 
Nicaragua, solely by the Agency for International Development, 
acting through the Nicaraguan resistance, the Pan American 
Development 
Foundation, or a similar 
nongovernmental 
organization, consistent with the provisions of the Sapoa Agree-
ment and any subsequent agreement between the parties to the 
armed conflict in Nicaragua. 
03) PROHIBITION ON MIXED LOADS.—Transportation of any military 
assistance, or of any assistance other than that specified in section 
90060)), is prohibited. 
SEC. 9008. MEDICAL ASSISTANCE. 
There are hereby transferred to the Administrator of the Agency 
for International Development from unobligated funds from appro-
priations accounts specified in section 9011, $5,000,000, to be used 
only for the provision of medical assistance for the civilian victims 
of the Nicaraguan civil strife to be transported and administered by 
the Catholic Church in Nicaragua. 
' Copy read "SEC. 9007. (a) IN GENEKAL.—". 
102 STAT. 2270-54 
PUBLIC LAW 100-463—OCT. 1, 1988 
SEC. 9009. UNITED STATES POLICY CONCERNING ECONOMIC ASSISTANCE 
FOR CENTRAL AMERICA. 
As part of an effort to promote democracy and address on a long-
term basis the economic causes of regional and political instability 
in Central America— 
(1) in recognition of the recommendations of groups such as 
the National Bipartisan Commission on Central America, the 
Inter-American Dialogue, and the Sanford Commission, 
(2) to assist in the implementation of these economic plans 
and to encourage other countries in other parts of the world to 
join in extending assistance to Central America, 
(3) and in the context of an agreement to end military conflict 
in the region, 
the Congress encourages the President to submit proposals for 
bilateral and multilateral action— 
(A) to provide additional economic assistance to the demo-
cratic countries of Central America to promote economic 
stability, expand educational opportunity, foster progress in 
human 
rights, 
bolster 
democratic 
institutions, 
and 
strengthen institutions of justice; 
(B) to facilitate the ability of Central American economies 
to grow through the development of their infrastructure, 
expansion of exports, and the strengthening of increased 
investment opportunities; 
(C) to provide a more realistic plan to Eissist Central 
American countries in managing their foreign debt; and 
(D) to develop these initiatives in concert with Western 
Europe, Japan, and other democratic allies. 
SEC. 9010. ECONOMIC INCENTIVES FOR DEMOCRACY IN NICARAGUA SIMI-
LAR TO THOSE AVAILABLE TO CENTRAL AMERICAN DEMOC-
RACIES. 
President of U.S. 
(a) CONDITION ON TERMINATION OF T R A D E EMBARGO AND PROVISION 
OF RELOCATION ASSISTANCE.—(1) If the Government of Nicaragua 
and the Nicaraguan Resistance sign a comprehensive final agree-
ment to provide for peace and democracy in Nicaragua, then— 
(A) the President shall terminate the trade embargo imposed 
against Nicaragua by Executive order 12513 of May 1,1985; and 
(B) there shall be transferred to the President from unobli-
gated funds from the appropriations accounts specified in sec-
tion 9011, $10,000,000, to remain available for a period of twelve 
months after the signing of the agreement, to provide assistance 
for the relocation in Nicaragua and the reintegration into 
Nicaraguan civil society of members of the Nicaraguan Resist-
ance, and the Nicaraguans outside Nicaragua displaced by the 
conflict. 
(2) Nothing in this section shall be construed to limit the authority 
of the President under the International Emergency Economic 
Powers Act. 
Ot)) TRADE BENEFITS.—On or after the date which is 180 days after 
the date of signing of the agreement described in subsection (a), if 
the President certifies to the Congress that the Government of 
Nicaragua is continuing to comply with that agreement, then the 
President may, notwithstanding any other provision of law— 
(1) designate Nicaragua a beneficiary country for purposes of 
proposals referred to in section 9009 and for purposes of the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.); 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-55 
(2) designate Nicaragua a beneficiary developing country for 
purposes of title V of the Trade Act of 1974 (relating to the 
generalized system of preferences); and 
(3) authorize loan assistance to Nicarsigua under the Export-
Import Bank Act of 1945. 
(c) INTERPRETATION.—Authority granted by subsections (a) and (b) 
shall be in addition to, and shall not be construed to limit, authority 
otherwise available to the President by law. 
SEC. 9011. AVAILABLE APPROPRIATIONS ACCOUNTS. 
The appropriations accounts referred to in sections 90030?), 9006, 
9008, and 9010(a)(1)(B) are non-ammunition procurement accounts 
in any of the following: 
(1) the Department of Defense Appropriations Act, 1986, as 
contained in section 101(b) of the further continuing appropria-
tions resolution for the fiscal year 1986 (Public Law 99-190); 
(2) the Department of Defense Appropriations Act, 1987, as 
contained in section 101(c) of the further continuing appropria-
tions resolution for the fiscal year 1987 (Public Laws 99-500 and 
99-591); and 
(3) the Department of Defense Appropriations Act, 1988, £is 
contained in section 101(b) of the further continuing appropria-
tions resolution for the fiscal year 1988 (Public Law 100-202). 
SEC. 9012. PROHIBITION ON THE USE OF CERTAIN FUNDS. 
Except as provided in this title, no funds available to any agency 
or entity of the United States Government under this title may be 
obligated or expended pursuant to section 502(aX2) of the National 
Security Act of 1947 for the purpose of providing funds, materiel, or 
other assistance to the Nicaraguan Resistance to support military or 
paramilitary operations in Nicaragua. 
SEC. 9013. CONGRESSIONAL 
PRIORITY 
PROCEDURES 
FOR 
JOINT 
RESOLUTIONS. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term "joint resolution" means, except as otherwise 
provided, only a joint resolution or bill described in section 
9002(5) which originated in the House of Representatives and is 
received in the Senate; 
(2) the term "session days" means days on which the Senate is 
in session. 
(b) REFERRAL OF JOINT RESOLUTION.—A joint resolution referred in 
the Senate shall be referred to the Committee on Foreign Relations 
of the Senate. 
(c) COMMITTEE ACTION.—(1) If the Committee on Foreign Relations 
has not reported such joint resolution (or an identical joint resolu-
tion) at the end of 3 session days after its introduction, such Commit-
tee shall be discharged from further consideration of such joint 
resolution, and such joint resolution shall be placed on the appro-
priate calendar of the Senate. 
(2) After the Committee on Foreign Relations reports or is dis-
charged from a joint resolution, no other joint resolution with 
respect to the same matter may be reported by or be discharged 
from such Committee while the first joint resolution is before the 
Senate (including remaining on the calendar), a committee of con-
ference, or the President. 
102 STAT. 2270-56 
PUBLIC LAW 100-463—OCT. 1, 1988 
(d) FLOOR ACTION.—(1) When the Committee on Foreign Relations 
has reported, or has been discharged under subsection (c) from 
further consideration of such joint resolution, notwithstanding any 
rule or precedent of the Senate, including Rule 22, it is at any time 
thereafter in order (even though a previous motion to the same 
effect has been disagreed to) for the Majority Leader, after consulta-
tion with the Minority Leader, to move to proceed to the consider-
ation of the joint resolution and, except as provided in paragraph (2) 
of this subsection (insofar as it relates to germaneness and relevancy 
of amendments), all points of order against the joint resolution and 
consideration of the joint resolution are waived. The motion is 
privileged in the Senate and is not debatable. The motion is not 
subject to a motion to postpone. A motion to reconsider the vote by 
which the motion is agreed to or disagreed to shall be in order, 
except that such motion may not be entered for future disposition. If 
a motion to proceed to the consideration of the joint resolution is 
agreed to, the joint resolution shall remain the unfinished business 
of the Senate, to the exclusion of all other business, until disposed of. 
(2)(A) Consideration in the Senate of the joint resolution, and all 
amendments and debatable motions in connection therewith, shall 
be limited to not more than 10 hours, which, except as otherwise 
provided in this section, shall be equally divided between, and 
controlled by, the Majority Leader and the Minority Leader, or by 
their designees. The Majority Leader or the Minority Leader or 
their designees may, from the time under their control on the joint 
resolution, allot additional time to any Senator during the consider-
ation of any amendment, debatable motion, or appeal. 
(B)(i) Subject to subparagraph (ii), only amendments which are 
germane and relevant to the joint resolution are in order. Debate on 
any amendment to the joint resolution shall be limited to 2 hours, 
except that debate on any amendment to an amendment shall be 
limited to 1 hour. The time of debate for each amendment shall be 
equally divided between, and controlled by, the mover of the amend-
ment and the manager of the joint resolution, except that in the 
event the manager is in favor of any such amendment, the time in 
opposition thereto shall be controlled by the Minority Leader or his 
designee. 
(ii) It shall be in order for the Majority Leader or the Minority 
Leader to offer one amendment to strike out the text of the House 
originated measure and insert in lieu thereof the following text: 
"That the Congress hereby authorizes the President to transport to 
the Nicaraguan Resistance all previously appropriated assistance 
held in title by the Nicaraguan Resistance and provides, if 
requested, (A) the authority for the interchangeability of the assist-
ance with certain equipment, and (B) the transportation of humani-
tarian and military assistance in the same transportation system.". 
(C) A motion to postpone the joint resolution is not in order. A 
motion to reconsider the vote by which the joint resolution is agreed 
to or disagreed to is in order, except that such motion may not be 
entered for future disposition, and debate on such motion shall be 
limited to 1 hour. 
(3) Whenever all the time for debate on a joint resolution has been 
used or yielded back, no further amendments may be proposed, and 
the vote on the adoption of the joint resolution shall occur, except 
that a single quorum call at the conclusion of the debate if requested 
in accordance with the rules of the Senate may occur immediately 
before such vote. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-57 
(4) Appeals from the decisions of the Chair relating to the applica-
tion of the Rules of the Senate to the procedure relating to a joint 
resolution shall be limited to one-half hour of debate, equally di-
vided between, and controlled by, the Senator making the appeal 
and the manager of the joint resolution, except that in the event the 
manager is in favor of any such appeal, the time in opposition 
thereto shall be controlled by the Minority Leader or his designee. 
(e) RESOLUTION OF DIFFERENCES BETWEEN THE HOUSE AND THE 
SENATE.—(IXA) The time for debate in a House of Congress on all 
motions required for the disposition of amendments between the 
Houses shall not exceed 2 hours, equally divided between, and 
controlled by, the mover of the motion and the manager of the joint 
resolution at each stage of the proceedings between the two Houses, 
except that in the event the manager is in favor of any such motion, 
the time in opposition thereto shall be controlled by the Minority 
Leader or his designee. In the case of any disagreement between the 
two Houses of Congress with respect to a joint resolution which is 
not resolved, any Member of Congress may make any motion or 
motions referred to in this subparagraph within 2 session days after 
action by the second House or before the appointment of conferees, 
whichever comes first. In the event the conferees are unable to Reports, 
agree within 72 hours after the second House is notified that the 
first House has agreed to conference, they shall report back to their 
respective House in disagreement. 
(B) Notwithstanding any rule in either House of Congress concern-
ing the printing of conference reports in the Congressional Record 
or concerning any delay in the consideration of such reports, such 
report, including a report filed or returned in disagreement, shall be 
acted on in the House of Representatives and the Senate not later 
than 2 session days after the first House files the report or, in the 
case of the Senate acting first, the report is first made available on 
the desks of the Senators. Debate in a House of Congress on a 
conference report or a report filed or returned in disagreement on 
any such joint resolution shall be limited to 3 hours, equally divided 
between, and controlled by, the Majority Leader and the Minority 
Leader, and their designees. 
(2) If a joint resolution is vetoed by the President, the time for 
debate in consideration of the veto message on such measure shall 
be limited to 6 hours in each House of Congress, equally divided 
between, and controlled by, the Majority Leader and the Minority 
Leader, or their designees. 
(f) CONGRESSIONAL RULEMAKING POWERS.—This section is enacted 
by the Congress— 
(1) as an exercise of the rulemaking power of the Senate and 
House of Representatives, respectively, and as such it is deemed 
a part of the rules of each House, (insofar as it applies to that 
House), but applicable only with respect to the procedure to be 
followed in that House in the case of legislation described in this 
section, and it supersedes other rules only to the extent that it 
is inconsistent with such rules; and 
(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
that House) at any time, in the same manner, and to the same 
extent as in the case of any other rule of that House. 
102 STAT. 2270-58 
PUBLIC LAW 100-463—OCT. 1, 1988 
SEC. 9014. STANDARDS, PROCEDURES, CONTROLS AND OVERSIGHT. 
(a) ACCOUNTABILITY STANDARDS, PROCEDURES, AND CONTROL.—In 
implementing this title, the Agency for International Development, 
and any other agency of the United States Grovemment authorized 
to carry out activities under this title, shall adopt the standards, 
procedures, and controls for the accountability of funds comparable 
to those applicable with respect to the assistance for the Nicaraguan 
Resistence provided under section 111 of the joint resolution making 
further continuing appropriations for the fiscal year 1988 (Public 
Law 100-202), any changes in such standards, procedures, and con-
trols shall be developed and adopted in consultation with the 
Committees on Intelligence and Foreign Relations pursuant to 
subsection OJ). 
OJ) CONGRESSIONAL OVERSIGHT.—Oversight within the House of 
Representatives and the Senate with respect to activities under this 
title shall be— 
(1) with respect to nonlethal assistance, within the jurisdic-
tion of the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate; 
(2) with respect to lethal assistance, the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate; and 
(3) with respect to both lethal and non-lethal assistance, the 
Committees on Appropriations of the House and Senate. 
(c) DEFINITION.—For purposes of subsection (a), the term "intel-
ligence committees of the Congress" refers to the Permanent Select 
Committee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate. 
(d) The provisions of the Act of April 1,1988 (Public Law 100-276) 
contained in subsections (b), (d), and (e) of section 4 and section 5 
shall apply to the provision of assistance under this title except that 
section 4(d) shall not apply to the Intelligence (Community. 
(e) AID ADMINISTRATIVE EXPENSES.—There shall be transferred 
from unobligated funds from appropriations accounts specified in 
section 9011 not to exceed $4,000,000 to "Operating Expenses of the 
Agency for International Development" to meet the necessary 
administrative expenses to carry out this title. 
TITLE X—DEFENSE AUTHORIZATIONS 
SEC. 10001. ENACTMENT O F FISCAL YEAR 1989 DEFENSE AUTHORIZATION 
BILL. 
The provisions of the bill H.R. 4481 of the One Hundredth (Don-
gress, as contained in the conference report filed in the House of 
Ante, p. 1918. 
Representatives on September 28, 1988 (House Report 100-989), are 
hereby enacted into law. 
SEC. 10002. TERMINATION 
OF 
PROVISIONS UPON ENACTMENT 
OF 
AUTHORIZATION BILL. 
Section 10001 shall not take effect if the bill H.R. 4481 of the One 
Hundreth Congress is enacted before this Act. If that bill is enacted 
after this Act, the provisions of section 10001 shall cease to be 
effective upon the enactment of that bill. 
PUBLIC LAW 100-463—OCT. 1, 1988 
102 STAT. 2270-59 
SEC. 10003. INCREASE IN CERTAIN AUTHORIZATION AMOUNTS. 
(a) PROCUREMENT.—Title I of the National Defense Authorization 
Act, 2 fiscal year 1989, is amended as follows: 
(1) AIRCRAFT PROCUREMENT, NAVY.—Section 102(a) is amended 
Ante, p. 1926. 
by striking out "$9^259,253,000" and inserting in lieu thereof 
"$9,415,311,000.". 
• 
(2) 
WEAPONS 
PROCUREMENT, 
NAVY.—Section 
1020)) 
is 
amended— 
(A) by striking out "$5,972,181,000" in the matter preced-
ing the colon and inserting in lieu thereof "$6,154,032,000"; 
(B) by striking out "$3,203,737,000" in paragraph (2) and 
inserting in lieu thereof "$3,245,154,000"; and 
(C) in paragraph (3)— 
(i) by striking out "$700,054,000" in the matter 
preceding the colon and inserting in lieu thereof 
"$840,488,000"; 
(ii) by striking out "$431,014,000" in the item relating 
to the MK-48 torpedo program and inserting in lieu 
thereof "$485,000,000": and 
(iii) by striking out'^$17,552,000" in the item relating 
to the Vertical Launched ASROC torpedo program and 
inserting in lieu thereof "$105,000,000". 
(3) SHIPBUILDING AND CONVERSION, NAVY.—Section 102(c) is 
amended— 
(A) by striking out "$9,056,100,000" in the matter preced-
ing 
the 
colon 
and 
inserting 
in 
lieu 
thereof 
"$10,013,900,000"; 
(B) by striking out "$2,207,300,000" in the item relating to 
the DDG-51 program and inserting in lieu thereof 
"$2,646,100,000"; 
(C) by striking out "$284,900,000" in the item relating to 
the TAO-187 fleet oiler program and inserting in lieu 
thereof "$689,900,000"; and 
(D) by striking out "$192,600,000" in the item relating to 
the landing craft, air cushion program and inserting in lieu 
thereof "$306,600,000". 
(4) RESERVE COMPONENTS.—Section 106 is amended— 
Ante, p. 1928. 
(A) in the matter relating to the Army National Guard, 
by striking out "$240,000,000" and inserting in lieu thereof 
3 "$256,000,000"; 
(B) in the matter relating to the Air National Guard, by 
striking out "$216,500,000 and inserting in lieu thereof 
"$399,500,000"; 
(C) in the matter relating to the Naval Reserve, by strik-
ing out "$75,000,000" and inserting in lieu thereof 
"$144,600,000"; and 
(D) in the matter relating to the Marine Corps Reserve, 
by striking out "$50,000,000" and inserting in lieu thereof 
"$81,800,000". 
Ot)) SPECIAL OPERATIONS ENHANCEMENT.—Part B of title VII is 
amended by adding at the end the following new section: 
— 
"SEC. 716. SPECIAL OPERATIONS FORCES ENHANCEMENT. 
"In addition to the amounts otherwise authorized to be appro-
priated by this Act, there is hereby authorized to be appropriated to 
the Department of Defense for fiscal year 1989 the sum of 
$286,000,000. Amounts appropriated pursuant to the preceding sen-
* Copy read "Fiscal Year". 
» Copy read " "$256,000,000;". 
102 STAT. 2270-60 
PUBLIC LAW 100-463—OCT. 1, 1988 
tence shall be available only for equipping and operating Special 
Operations Forces.". 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1989". 
Approved October 1, 1988. 
Certified December 14, 1988. 
E}ditorial note: This printed version of the original hand enrollment is published 
pursuant to Public Law 100-454. The following memorandum for the Archivist of the 
United States was signed by the President on December 12,1988, and was printed in the 
Federal Register on December 15, 1988: 
By the authority vested in me as President by the Constitution and laws of the United 
States, including Section 301 of Title 3 of the United States Code, I hereby authorize you 
to ascertain whether the printed enrollments of H.R. 4637, the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461), H.R. 4776, the District of Columbia Appropriations Act, 1989 (Public Law 
100-462), and H.R. 4781, the Department of Defense Appropriations Act, 1989 (Public 
Law 100-463), are correct printings of the hand enrollments, which were approved on 
October 1,1988, and if so to make on my behalf the certifications required by Section 2(c) 
of H.J. Res. 665 (Public Law 100-454). 
Attached are the printed enrollments of H.R. 4637, H.R. 4776, and H.R. 4781, which 
were received at the White House on December 1, 1988. 
This memorandum shall be published in the Federal Register. 
The Archivist on December 14,1988, certified this to be a correct printing of the hand 
enrollment of Public Law 100-463. 
LEGISLATIVE HISTORY—H.R. 4781: 
HOUSE REPORTS: No. 100-681 (Comm. on Appropriations) and No. 100-1002 (Comm. of 
Conference). 
SENATE REPORTS: No. 100-402 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 21, considered and passed House. 
Aug. 4, 5, 8-11, considered and passed Senate, amended. 
Sept. 30, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. Senate agreed to conference 
report; concurred in certain House amendments, in others with amendments. 
House concurred in Senate amendments.