National Defense Authorization Act for Fiscal Years 1990 and 1991
PL 101-189 (H.R.2461), enacted 11/29/1989

103 STAT. 1352 
PUBLIC LAW 101-189—NOV. 29, 1989 
Public Law 101-189 
101st Congress 
An Act 
Nov. 29. 1989 
[H.R. 2461] 
National 
Defense 
Authorization 
Act for Fiscal 
Years 1990 
and 1991. 
Arms and 
munitions. 
Uniformed 
services. 
Contracts. 
To authorize appropriations for fiscal years 1990 and 1991 for military activities of 
the Department of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe personnel strengths for such fiscal years for 
the Armed Forces, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE 
This Act may be cited as the "National Defense Authorization Act 
for Fiscal Years 1990 and 1991". 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS 
(a) ORGANIZATION OF ACT INTO DIVISIONS.—This Act is organized 
into three divisions as follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act is as 
follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Expiration of authorizations for Hscal years after fiscal year 1990. 
Sec. 4. Congressional defense committees defined. 
Sec. 5. Annual outlay report. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
PART A—FUNDING AUTHORIZATIONS 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense agencies. 
Sec. 105. Reserve components. 
Sec. 106. Chemical demilitarization program. 
Sec. 107. Multiyear authorizations. 
Sec. 108. Changes in prior milestone authorizations. 
PART B—B-2 AIRCRAFT PROGRAM 
Sec. 111. B-2 bomber program funding and limitations for Hscal year 1990. 
Sec. 112. Limitation on annual production of B-2 bomber for fiscal years after fiscal 
year 1990. 
Sec. 113. Ongoing evaluation by Comptroller General of B-2 test and evalua-
tion results. 
Sec. 114. Report on cost, schedule, and capability. 
Sec. 115. Ongoing independent assessment of B-2 aircraft program. 
Sec. 116. Submission of unclassified version of B-2 performance matrix. 
Sec. 117. Reports relating to correction-of-deficiencies clauses in B-2 aircraft pro-
curement contracts. 
Sec. 118. Study of alternative B-2 aircraft force structures. 
Sec. 119. Sense of Congress on procurement of B-2 aircraft. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1353 
PABT C—OTHBR STSATBGIC PKOGRABIS 
Sec. 121. Limitations on B-IB electnxoic oountermeasures recovery program. 
Sec 122. Advanced Cruise Missile program. 
Sec 123. Cap on number of MX missiles that may be deployed. 
Sec 124. R^erence to limitation on obligation of funds for MX Rail Garrison pro-
gram. 
PABT U—FBOGRAU 
TKBIONATIONS 
Sec 131. F-14 aircraft program. 
Sec 132. AH-64 helicopter program. 
Sec 133. AHEP scout helicopter program. 
Sec 134. F-15E aircraft program. 
Sec 135. M88A2 recovery vdiide program. 
Sec 136. Reconnaissance aircraft programs. 
Sec 137. Statutory construction. 
PART E—Axon PROGRAMS 
Sec. 141. M-1 tank program. 
Sec. 142. Restriction on fiscal year 1989 funds for refuelers/tankers. 
Sec 143. Army recovery vehicle program. 
Sec 144. Rgoeal of procurement requirement and limitation of funds for the Heavy 
Expanded Mobili^ Tactical Truck. 
Sec 145. limitation on modifications of certain special operations forces aircraft. 
Sec 146. Limitation on acceptance of delivery of Stinger missiles. 
Sec 147. M109 Howitzer Improvement Program. 
Sec 148. Equal employment opportunities relating to an Army contract. 
PART F—NAVT PROGRAMS 
Sec 151. Limitation on procurement of V-22 Osprey aircraft. 
Sec. 152. Preservation of dual-source production base for Standard Missile IL 
Sec 153. Annual report on Navy aircraft requirements. 
Sec 154. Fast sealift ship program. 
Sec 155. Transfer of A-6 aircraft to the Navy. 
Sec 156. Report regarding Trident submarine construction rate. 
PART G—NONSTRATEGIC AIR FORCE PROGRAMS 
Sec 161. MC-130H (Combat Talon) aircraft program. 
Sec 162. AC-130U gunship program. 
Sec. 163. AMRAAM missile program. 
Sec 164. Over-the-Horizon Backscatter radar. 
Sec 165. MILSTAR program. 
Sec 166. Limitation on funds for procuremmt of F-16 aircraft pending approval of 
certain plans respecting air-land fire support for ground combat forces. 
PART H—CHKMICAI. MUNITIONS 
Sec 171. Restriction on obligation of funds for procurement of binary chemical mu-
nitions. 
Sec. 172. Chemical miinitions European retrograde program. 
Sec. 173. Chemical demilitarization cryofracture program. 
TITLE n—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
PART A—^AUTHORIZATIONS 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amounts for basic research and exploratory development for fiscal years 
1990 and 1991. 
Sec 203. Amotints for improved infantry equipment. 
PART B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS 
Sec. 211. Balanced Technology Initiative. 
Sec. 212. Int^rated electric drive program. 
Sec 213. Fast sealift technology development program. 
Sec. 214. Tactical oceanography program. 
r-^ 
Sec. 215. Grant for semiconductor cooperative research program. 
Sec. 216. Army Heavy Force Modernization program. 
Sec 217. Joint research project on magnetoencephalography (MEG) and neuromag. 
netism. 
Sec 218. V-22 Osprey aircraft program. 
Sec 219. Biod^radahle materials research. 
103 STAT. 1354 
PUBLIC LAW 101-189—NOV. 29, 1989 
PART C—S^TRATEGIC DEFENSE INITIATIVK 
Sec. 221. Funding for the Strategic Defense Initiative for fiscal year 1990. 
Sec. 222. Report on allocation of fiscal year 1990 SDI funding. 
Sec. 223. Limitation on development and testing of antibalUstic missile siystems or 
components. 
Sec. 224. Requirement for annual report on SDI programs. 
PART D—STRATEGIC PROGRAMS 
Sec. 231. Funding and limitations for ICBM modernization prograun. 
Sec. 232. Funding for security improvements at the Kwtgalein test range. 
Sec. 233. Titan IV West Coast Launch Pad. 
PART E—CHEMICAL AND BIOLOGICAL WARFARE PROGRAMS 
Sec. 241. Program for monitoring compliance with possible chemical weapons con-
vention. 
Sec. 242. Report on biological defense research program. 
Sec. 243. Restoration of certain reporting requirements relating to chemical and bi-
ological warfare agents. 
PART F—OTHER MATTERS 
Sec. 251. Advanced research projects. 
Sec. 252. Clarification of requirement for competition in award of research and de-
velopment contracts and construction contracts to collies and universi-
ties. 
Sec. 253. Extension of deadline for selection of heavy truck system configured with 
palletized loading system. 
Sec. 254. Testing of infantry anti-tank weapon. 
Sec. 255. Fundii^ for facility for collaborative research and training for military 
mediced personnel; funding for microelectronics research. 
Sec. 256. Availability of funds transferred to NASA for National Aerospace Plane. 
Sec. 257. Repeal of specification of funds for Rankine engine. 
TITLE m—OPERATION AND MAINTENANCE 
PART A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Department of Defense Base Closure Account. 
Sec. 304. Humanitarian assistance. 
Sec. 305. Army aviation flight facility at Jackson, Tennessee. 
Sec. 306. Assistance to schools to benefit children of members of the Armed Forces 
and civilian employees of the Department of Defense. 
PART B—LnoTATioNS 
Sec. 311. Prohibition on payment of severance pay to foreign nationals in the event 
of certain base closures. 
Sec. 312. Prohibition on joint use of the Marine Corps Air Station at El Toro, CaU-
fomia, with civil aviation. 
Sec. 313. Qariflcation of prohibition on certain depot maintenance workload compe-
titions. 
Sec. 314. Reduction in the number of civilian personnel authorized for duty in 
Europe. 
Sec. 315. Repeal of limitation on the use of operation and maintenance funds to 
purchase investment items. 
PART C—MISCELLANEOUS PROGRAM CHANGES 
Sec. 321. Authorization to reduce under certain circumstances the rates for meals 
sold at a military dining facility. 
Sec. 322. Improved and expedited disposal of lost, abandoned, or unclaimed per-
sonal property in the custody of the Armed Forces. 
Sec. 323. Procurement of laimdry and dry cleaning services from Navy exchanges. 
Sec. 324. Procurement of supplies and services from military exchanges outside the 
United States. 
Sec. 325. Tuition-free enrollment of dependents of certain employees of nonappro-
priated fund instrumentalities in schools of the Defense Dependents' 
Education System. 
Sec. 326. Authority to use appropriated funds to support student meal programs in 
Department of Diefense overseas dependents' schools. 
Sec. 327. Commercial sale of recording of Air Force Singing Sergeants. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1355 
Sec. 328. Transportation of motor vehicles of military and civilian personnel sta-
tioned on Johnston Island. 
Sec. 329. Authority to provide certain assistance to annual conventions of national 
military associations. 
Sec. 330. Authority to lease fleet electronic warfare support aircraft. 
Sec. 331. Energy efficiency incentive. 
Sec. 332. Authoritv to acquire railroad track structure and temporary right-of-way 
for rail line. 
Sec. 333. Authorization of long-term aircraft support contract. 
Sec. 334. Service contract to train undergraduate naval flight officers. 
Sec. 335. Defense contract auditors. 
Sec. 336. Uniform allowance for civilian employees of the Department of Defense 
required to wear uniforms. 
PART D—ARMED FORCES RETIREMENT HOMES 
Sec. 341. United States Soldiers' and Airmen's Home subject to annual authoriza-
tions of appropriations. 
Sec. 342. Military fines and forfeitures to benefit Armed Forces retirement homes. 
Sec. 343. Deductions from the pay of enlisted members and warrant officers to ben-
efit Armed Forces retirement homes. 
Sec. 344. Inspection of Armed Forces retirement homes by Inspector General of the 
Department of Defense. 
Sec. 345. Report regarding improving the operation and management of the Armed 
Forces retirement homes. 
Sec. 346. Definitions. 
Sec. 347. Repeal of superseded provisions relating to the United States Soldiers' and 
Airmen's Home. 
PART E—ENVIRONMENTAL PROVISIONS 
Sec. 351. Limitation on use of environmental restoration funds. 
Sec. 352. Requirement for development of environmental data base. 
Sec. 353. Five-year plan for environmental restoration at bases to be closed. 
Sec. 354. Fun^ng for waste minimization programs for certain industrial-type ac-
tivities of the Department of Defense. 
Sec. 355. Sense of Ck>ngress concerning investigation of soil and water contamina-
tion near Mead, Nebraska. 
Sec. 356. Use of chlorofluorocarbons and halons in the Department of Defense. 
Sec. 357. Annual report on defense budget for environmental compliance. 
Sec. 358. Report on environmental requirements and priorities. 
Sec. 359. Reports on environmental restoration of Jefferson Proving Ground, Indi-
ana. 
Sec. 360. Study of environmental damage to Shenandoah River. 
Sec. 361. Study of waste recycling. 
PART F—MISCELLANEOUS REPORTS 
Sec. 371. Report on military use of the inland navigation system. 
Sec. 372. Report on manpower, mobility, sustainabUity, and equipment. 
Sec. 373. Report on second source for carbonizable rayon yam. 
Sec. 374. Report on military recruiting advertising expenditures. 
TITLE rV—MILITARY PERSONNEL AUTHORIZA-nONS 
PART A—AcnvE FORCES 
Sec. 401. End strengths for active forces. 
Sec. 402. Reduction for fiscal year 1991 in number of Air Force colonels. 
Sec. 403. Temporary increase in officer grade limitations. 
PART B—RESERVE FORCES 
Sec. 411. End strengths for selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. Increase in number of members in certain grades authorized to be on 
active duty in support of the Reserves. 
PART C—MIUTARY TRAINING STUDENT LOADS 
Sec. 421. Authorization of training student loads. 
PART D—AUTHORIZATIONS OF APPROPRIATIONS 
Sec. 431. Authorization of appropriations for military personnel for fiscal year 1990. 
103 STAT. 1356 
PUBLIC LAW 101-189—NOV. 29, 1989 
TITLE V—MILITARY PERSONNEL 
PABT A—RBSBBVB CSOMFQNKNTS MATTBBS 
Sec. 501. DelaTed entry prograin and delayed entry training program for Reserv-
ists. 
Sec. 502. Annual muster duty and muster duty pay for Rea4y Reservists. 
Sec 503. Three-year extension of certain Resenire officer management programs. 
Sea 504. Two-year extension of authority for certain single parents to enlist in 
reserve components. 
Sec. 505. Two-year program <tf special unit assignment pay for enlisted members of 
Selected Reserve. 
Sec. 506. Bfilitaiy education for civilian technicians of the Army National Guard. 
FAST B—OTHER IfATTBBS 
Sec. 511. Increase in service obligation for graduates of the service academies and 
the Uniformed Services University of the Health Sciences. 
Sec. 512. Extension of authority to make temporary promotions of certain Navy 
lieutenants. 
Sec. 513. Testing of new entrants for drug and alcohol abuse. 
Sec. 514. Correction of military records concerning promotions and enlistments of 
enlisted members. 
Sec. 515. Title of admissions officer of United States Air Force Academy. 
Sec. 516. Eligibility for Prismer-of-War medaL 
Sec 517. GAO report on technical training for recruits and members of the reserve 
components. 
Sec 518. Provision of off-du^ postsecondary education services overseas. 
Sec 519. Matters to be considered by promotion boards in case of ofQcera in health 
professions competitive cat^ories. 
Sec 520. Report on constructive credit 
ror 
nurses. 
T n i £ VI--<X)MPENSATION AND OTHER PERSONNEL BENEFITS 
PABT A—PAT AND AixowANCES 
Sec 601. Military pay raise for fiscal year 1990. 
' 
Sec 602. Limitation on a4iustments in variable housing aUowance. 
PABT B—BONUSIS AND SPSCIAL AND iNcasNTrvB PAT 
Sec 611. Increase in selective reenlistment bonus. 
Sec 612. Enlistment bonus 
for 
members in skills designated as critical. 
Sec 613. Extension of enlistment and reenlistment bonus authorities for Reserve 
forces. 
Sec 614. Extension of spedal pay programs for nudear-qualified officers. 
PABT C—TRAVBL AND TBANSPOBTATION AULOWANCES 
Sec 621. Reimbursement for certain fees incurred in travel. 
Sec 622. Lumpsum payment of overseas housing costs. 
Sec 623. Clarification of allowance for transportation of household effects. 
Sec 624. Travel entitlement for members assigned to a vessel under construction. 
Sec 625. Student travel authorized for dependents of members in Alaska and 
Hawaii 
PABT D—MiuTABT AviATOBS 
* " ' 
Sec 631. Aviation career incentive pay. 
Sec 632. Aviator retention bonuses. 
Sec 633. ReductiiHi in nonoperational flying duty positions. 
Sec 634. Minimum service requirement for aviators. 
Sec 635. Report on life insurance. 
Sec 636. Report on aviator assignment policies and practices. 
Sec 637. Sense of Congress regarding establishment of commission to conduct a 
study on the national shortage of aviators. 
PABT E—MONTGOMBBT GI BILL AMENDMENTS 
Sec 641. Increase in amount payable under Montgomery Gl Bill for critical special-
ties. 
Sec 642. Payments for vocational-technical training imder reserve-component GI 
hUL 
Sec 643. Limitation of active Guard and Reserve personnel to active-duty program. 
Sec 644. Report on impositicm of contribution requirement for participation in 
diapter 106 program. 
Sec 645. Technical amendments. 
PUBLIC LAW 101-189—NOV. 29,1989 
103 STAT. 1357 
PART F—PBBSONNEL AND COMPENSATION TBCHNICAL AMENDMENTS 
Sec. 651. Technical amendments to military retirement laws. 
Sec. 652. Repeal of certain obsolete and expired provisions. 
Sec. 653. Other technical and clerical amendments. 
PAKT G—MISCELLANEOUS 
Sec. 661. Military relocation assistance programs. 
Sec. 662. Extension of test program of reimbursement for adoption expenses. 
Sec. 663. Repeal of four-year Reserve officer uniform allowance. 
Sec. 664. Reimbursement for financial institution charges incurred because of Gov-
ernment error in direct deposit of pay. 
TITLE Vn—HEALTH CARE PROVISIONS 
PART A—HEALTH CARE PROFESSIONS PERSONNEL MATTERS 
Sec. 701. Authority to repay loans of certain health professionals who serve in the 
Selected Reserve. 
Sec. 702. Revision of military physician special pay structure. 
Sec. 703. Extension and expansion of medical officer retention bonus program. 
Sec. 704. Special pay for psychologists. 
Sec. 705. Accession bonus for registered nurses. 
Sec. 706. Incentive pay for nurse anesthetists. 
Sec. 707. Nurse officer candidate accession bonus. 
Sec. 708. Program to increase use of certain nurses by the military departments. 
Sec. 709. Authority to defer mandatory retirement for age of regular officers in a 
health-related profession. 
Sec. 710. Retention in active service of Reserve officers in a health-related profes-
sion. 
Sec. 711. Retention of certain Reserve psychologists in active status. 
Sec. 712. Reallocation of Naval Reserve rear admiral positions authorized for 
health professions. 
PART B—HEALTH CARE MANAGEMENT 
Sec. 721. Prohibition on charges for outpatient medical and dental care. 
Sec. 722. Sharing of health-care resources with the Department of Veterans AfTairs. 
Sec. 723. Prohibition on reducing end strength levels for medical personnel as a 
result of base closures and realignments. 
Sec. 724. Revised deadline for the use of diagnosis-related groups for outpatient 
treatment. 
Sec. 725. Armed Forces health professions scholarship program. 
Sec. 726. Uniformed Services University of the Health Sciences and Henry M. Jack-
son Foundation for the Advancement of Military Medicine. 
Sec. 727. Retention of funds collected from third-party payers of inpatient care fur-
nished at facilities of the uniformed services. 
Sec. 728. Reallocation of certain civilian personnel positions to medical support. 
Sec. 729. Codification of appropriation provision relating to CHAMPUS. 
Sec. 730. Limitation on CHAMPUS payments to noninstitutional health-care pro-
viders. 
Sec. 731. Clarification and correction of provisions relating to health benefits for 
certain former spouses. 
TITLE VIII—ACQUISITION POUCY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
PART A—PROCEDURES FOR MAJOR DEFENSE AcQuisrnoN PROGRAMS 
Sec. 801. Assessment of risk in concurrent development of migor defense acqubition 
systems. 
Sec. 802. Operational test and evaluation. 
Sec. 803. Low-rate initial production. 
Sec. 804. Modifications with respect to reports on live-fire testing programs. 
Sec. 805. Procedures applicable to multiyear procurement contracts. 
Sec. 806. Revision of limitation on transfer of certain technical data packages to 
foreign countries. 
PART B—CHANGES TO ACQUISITION STATUTES 
Sec. 811. Acquisition report streamlining. 
103 STAT. 1358 
PUBLIC LAW 101-189—NOV. 29, 1989 
Sec. 812. Three-year program for use of master agreements for procurement of advi-
sory and assistance services. 
Sec. 813. Availability of funds for obligation following the resolution of a protest 
Sec. 814. Post«mployment restrictions. 
Sec. 815. Defense memoranda of understanding and related agreements. 
Sec. 816. Offsets in reciprocal defense procurement agreements. 
Sec. 817. Simplified approval of contracts implementing certain international agree-
ments. 
Sec. 818. Delegation of approval authority for certain contract actions. 
Sec. 819. Procurement Technical Assistance Cooperative Agreement Program. 
PAST C—OniER ACQUISITION PoucY MATTBBS 
Sec. 821. Requirement for certificate of independent price determination in certain 
Department of Defense contract solicitations. 
Sec. 822. Uniform rules on dissemination of acquisition information. 
Sec. 823. Limitation on authority to waive Buy American Act requirement. 
Sec. 824. Acquisition of commercial and nondevelopmental items. 
'^ 
Sec. 825. Study and report on defense export financing. 
PAKT D—PKOVISIONS RELATING TO SIAAIX AND SMALL DISADVANTAGED BUSINESSES 
Sec. 831. Provisions relating to small disadvantaged businesses. 
Sec. 832. Credit for Indian contracting in meeting certain minority subcontracting 
goals. 
Sec. 833. Test program for use of bond waiver authority under Small Business Act 
to assist certain small disadvantaged business concerns. 
Sec. 834. Test program for n^otiation of comprehensive small business subcon-
tracting plans. 
PART E—DEFENSE INDUSTRIAL AND TECHNOLOGY BASE 
Sec. 841. Critical technologies planning. 
Sec. 842. Defense industrial information and critical industries planning. 
Sec. 843. Scientific and technical education. 
PART F—MISCELLANEOUS 
Sec. 851. Authority to contract with university presses for printing, publishing, and 
sale of History of the Office of the Secretary of Defense. 
Sec. 852. Procurement from countries that deny adequate and effective protection 
of intellectual property rights. 
Sec. 853. Acquisition laws technical amendments. 
TITLE DC—MATTERS RELATING TO NATO MEMBER NATIONS AND OTHER 
ALLIES 
PART A—CONVENTIONAL FORCE REDUCTIONS IN EUROPE 
Sec. 901. Framework for determining conventional force requirements in a chang-
ing threat environment. 
Sec. 902. Implications of mutual reductions in conventional forces in Europe by 
NATO and Warsaw Pact member nations. 
Sec. 903. Report on verification measures for possible conventional arms control 
agreement. 
PART B—BURDEN SHARING 
Sec. 911. Reduction in authorized end strength for the number of military person-
nel in Europe. 
Sec. 912. Active-duty forces in Europe of member nations of NATO. 
Sec. 913. Contributions by Japan to global security. 
Sec. 914. Report on costs associated with overseas dependents. 
Sec. 915. United States-Republic of Korea security relationship and other security 
matters in East Asia. 
PART C—ExpENorruRES IN EUROPE 
Sec. 921. Limitation on expenditures for relocation of functions located at Torrejon 
Air Base, Madrid, Spain. 
Sec. 922. Sense of Congress concerning United States military facilities in NATO 
member coimtries. 
PART D—COOPERATIVE AGREEMENTS 
Sec. 931. Codification of certain Allied cooperative agreements statutes. 
PUBLIC LAW 101-189—NOV. 29,1989 
103 STAT. 1359 
Sec. 932. Extension and codification of authority provided the Secretary of Defense 
in connection with the NATO Airborne Warning and Control System 
(AWACS) Program. 
Sec. 933. Revision and extension of authority for procurement of communications 
support and related supplies and services from other nations. 
Sec. 934. Two-year extension of au&ority to provide excess defense articles for the 
modernization of defense capabihties of countries on NATO southern 
and southeastern flanks. 
Sec. 93S. Authorit^r for exchange training through specified professional military 
education institution outside the Uniteid States. 
Sec. 936. Extension of authoriW to pay certain expenses in connection with 
bilateral and regional cooperation programs. 
Sec. 937. Extension of H-1 immigration status for certain nonimmigrants employed 
in cooperative reseuvh and development projects and coproduction 
projects. 
Sec. 938. Methods of payment for acquisitions and transfers by the United States to 
Allied oounbies. 
TITLE X—MATTERS RELATING TO ARMS CONTROL 
Sec. 1001. Presidential report on possible effects of a strat^c arms reduction 
agreement on Trident program. 
Sec. 1002. Prudential report on the verification work that has been conducted 
with regard to mobile ICBMs under a START agreement 
Sec. 1003. Sense of Congress on START talks. 
Sec. 1004. Report tm asymmetries in capabilities of United States and Soviet Union 
to produce and deploy ballistic missile defense systems. 
Sec. 1005. Sense of the Congress with respect to accidental launch protection. 
Sec. 1006. Congressional findings and sense of Congress concerning the Kras-
noyarsk radar 
Sec. 1007. Sense of Congress concerning exploring the feasibility of treaty limita-
tions on weapons capable of threatening military satellites. 
Sec. 1008. Report on satellite survivability. 
Sec. 1009. Report on the desirability of negotiations with the Soviet Union r^ard-
ing limitations on antisatellite capabilities. 
Sec. 1010. Report on verification of compliance with agreements to limit nuclear 
testing. 
Sec. 1011. Sense of Congress on arms control n^otiations and United States mod-
ernization policy. 
Sec. 1012. Report on effect of space nuclear reactors on gamma-ray astronomy 
missions. 
Sec. 1013. Sense of Congress on chemical weapons negotiations. 
Sec. 1014. United States program for on-site inspections under arms control 
agreements. 
TITLE XI—DEPARTMENT OF ORGANIZATION AND DEFENSE 
MANAGEMENT MATTERS 
PAKT A—FOSLCX STBUCTUKB 
Sec. 1101. Study of Total Force Policy, force mix, and military force structure. 
Sec. 1102. Studies of close support for land forces. 
Sec. 1103. Strat^c air defense alert mission. 
Sec. 1104. Sense of Congress concerning reassignment of units from Fort Knox, 
Kentucky to Fort Irwin, California. 
PAKT B—GBNSRAL MANAGBMENT MATTERS 
Sec. 1111. Additional funding for unified and specified combatant commands for 
fiscal year 1990. 
Sec. 1112. Correction of pay grade for new Assistant Secretary of the Air Force. 
Sec. 1113. Clarification of requirement for completion of full tour of duty as qualifi-
cation for selection as a joint specialty officer. 
PAST C—PBOFISSIONAL MajTAKi EDUCATION 
Sec. 1121. Reports relating to courses of instruction at certain professional military 
education schools and professional military education requirements for 
promotion to general or flag grade. 
Sec 1122. Clarification regarding schools that are joint professional military educa-
tion schools for purposes of qualification of officers for joint specialty. 
Sec. 1123. Professional militxury education in joint matters. 
Sec 1124. Employment of civilian faculty members at professional military educa-
tion schools. 
103 STAT. 1360 
PUBLIC LAW 101-189-NOV. 29, 1989 
PART D—CONTRACTING OUT 
Sec. 1131. One-year extension of authority of base commanders over contracting for 
commercial activities. 
Sec. 1132. Exception from cost comparison procedures for purchase of products and 
services of the blind and other severely handicapped individuals. 
Sec. 1133. Commercial activities study for base support operations at Fort Benjamin 
Harrison. 
Sec. 1134. Evaluation and report on commercial activities study at the Niagara 
Falls Air Force Reserve Base. 
TITLE XII—MILITARY DRUG INTERDICTION AND COUNTER-DRUG 
ACTIVITIES 
Sec. 1201. Funding for military drug interdiction and counter-drug activities. 
Sec. 1202. Department of Defense as lead agency for the detection and monitoring 
of aerial and maritime transit of illegal drugs. 
Sec. 1203. Budg:et proposals relating to drug interdiction and counter-drug 
activities. 
Sec. 1204. Communications network. 
Sec. 1205. Research and development. 
Sec. 1206. Training exercises in drug-interdiction areas. 
Sec. 1207. Drug interdiction and counter-drug activities of the National Guard. 
Sec. 1208. Transfer of excess personal property. 
Sec. 1209. Qvil Air Patrol. 
Sec. 1210. Operation of equipment used to transport civilian law enforcement 
personnel. 
Sec. 1211. Restriction on direct participation by military personnel. 
Sec. 1212. Additional support for counter-drug activities. 
Sec. 1213. Reports. 
Sec. 1214. Sense of Congress on National Narcotics Border Interdiction S3rstem. 
Sec. 1215. Cooperative efforts against illegal drugs. 
Sec. 1216. Technical and clerical amendments relating to military support for civil-
ian law enforcement agencies. 
TITLE XIII—MILITARY APPELLATE PROCEDURES 
Sec. 1301. Court of Military Appeals. 
Sec. 1302. Appellate review of article 69 actions. 
Sec. 1303. Investigation of judicial misconduct. 
Sec. 1304. Technical and conforming amendments. 
TITLE XIV—MILITARY SURVIVOR BENEFIT PLAN 
Sec. 1401. Short title. 
Sec. 1402. Revised premium computation for Survivor Benefit Plan annuities. 
Sec. 1403. Correction of annuity computation for survivors of certain retirement-eli-
gible officers dying while on active duty. 
Sec. 1404. Program to provide supplemental spouse annuity for military retirees. 
Sec. 1405. Open enrollment period. 
Sec. 1406. Defmitions. 
Sec. 1407. Miscellaneous technical and clerical amendments. 
TITLE XV—MILITARY CHILD CARE 
Sec. 1501. Short title; definitions. 
Sec. 1502. Funding for military child care for fiscal year 1990. 
Sec. 1503. Child care employees. 
Sec. 1504. Parent fees. 
Sec. 1505. Child abuse prevention and safety at facilities. 
Sec. 1506. Parent partnerships with child development centers. 
Sec. 1507. Report on five-year demand for child care. 
Sec. 1508. Subsidies for family home day care. 
Sec. 1509. Early childhood education demonstration program. 
Sec. 1510. Deadline for regulations. 
TITLE XVI—GENERAL PROVISIONS 
PART A—FINANCIAL AND BUDGET MATTERS 
Sec. 1601. Transfer authority. 
Sec. 1602. Restatement and clarification of requirement for consistency in the 
budget presentations of the Department of Defense. 
Sec. 1603. Limitation on restoration of withdrawn unobligated balances. 
Sec. 1604. Prohibition on transfer of funds to other departments and agencies. 
PUBLIC LAW 101-189—NOV. 29,1989 
103 STAT. 1361 
Sec. 1605. Authority to transfer funds to Department of Energy. 
Sec. 1606. One-year delay in any change in policy respecting reimbursement of De-
partment of Defense funds for salaries of members of the Armed Forces 
assigned to duty in connection with foreign military sales programs. 
Sec. 1607. Repair and replacement of property of the Department of Defense dam-
aged or destroyed by Hurricane Hugo. 
PABT B—NAVAL VESSELS AND SHIPTAKDS 
Sec. 1611. Identification and handling of hazardous wastes in naval ship repair 
work. 
Sec. 1612. Progress payments under naval vessel repair contracts. 
Sec. 1613. Funding for ship production engineering. 
Sec. 1614. Depot-level maintenance of ships homeported in Japan. 
Sec. 1615. Report on alternatives to Navy oxygen breathing apparatus for ship-
board firefighting. 
Sec 1616. Stripping of naval vessels to be used for experimental purposes. 
PABT C—TECHNICAL CORRECTIONS AND GENERAL TECHNICAL AND CLERICAL 
AMENDMENTS 
Sec. 1621. Technical amendments to conform references to creation of Department 
of Veterans Affairs. 
Sec. 1622. Miscellaneous technical and clerical amendments to title 10, United 
States Code. 
Sec. 1623. Amendments to section 8125 of Public Law 101-463. 
Sec 1624. Report on recurring provisions of defense appropriations Act. 
PART D—MISCELLANEOUS 
Sec. 1631. Study of protection of United States civU aviation from terrorist activi-
ties overseas. 
Sec. 1632. Dedication of corridor in Pentagon to service members who served in 
space-related activities. 
Sec. 1633. Del^^tion authority with respect to admiralty claims by or against the 
United States. 
Sec. 1634. Authority to accept voluntary services for natural resources programs. 
Sec. 1635. Findings and congressional declarations concerning service in National 
Guard and Reserves. 
Sec. 1636. Expansion of scope of Civil Reserve Air Fleet enhancement program. 
Sec. 1637. Report on certain persons participating in radiation-risk activities. 
Sec. 1638. Congressional findings and sense of Congress concermng kidnapping and 
murder of Lieutenant Colonel Higgins. 
Sec. 1639. Reports on controls on transfer of missile technology and certain weap-
ons to other nations. 
Sec. 1640. Reviews and reports on decontrol of certain personal computers. 
Sec. 1641. Annual Department of Defense Conventional Standoff Weapons Master 
Plan and report on standoff munitions. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec 2001. Short title. 
TITLE XXI—ARMY 
PART A—FISCAL YEAR 1990 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
, 
Sec 2104. Authorization of appropriations. Army. 
Sec. 2105. Extension of certain prior year authorizations. 
PART B—FISCAL YEAR 1991 
Sec. 2121. Authorized Army construction and land acquisition projects. 
Sec. 2122. Authorization of appropriations. Army. 
TITLE XXn—NAVY 
PART A—FISCAL YEAR 1990 
Sec 2^1. Authorized Navy construction and land acquisition projects. 
Sec 2202. Family housing. 
Sec 2203. Improvements to military family housing units. 
Sec 2204 Authorization of appropriations. Navy. 
103 STAT. 1362 
PUBLIC LAW 101-189—NOV. 29, 1989 
Sec. 2205. Extension of certain prior year authorizations. 
Sec. 2206. Study and solicitation of bids for office space. 
Sec. 2207. Community support center, Marine Corps Air Station, Tustin, California. 
PART B—FISCAL YEAR 1991 
Sec. 2221. Authorized Navy construction and land acquisition projects. 
Sec. 2222. Family housing. 
Sec. 2223. Authorization of appropriations. Navy. 
TITLE XXm—AIR FORCE 
PART A—FISCAL YEAR 1990 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvement to military family housing units. 
Sec. 2304. Authorization of appropriations. Air Force. 
Sec. 2305. Extension of certain prior year authorizations. 
Sec. 2306. Luke Air Force Base, Arizona. 
Sec. 2307. Arnold Engineering Development Center, Tennessee. 
Sec. 2308. Reference to limitation on obligation of funds for MX Rail Garrison 
program. 
PART B—FISCAL YEAR 1991 
Sec. 2321. Authorized Air Force construction and land acquisition projects. 
Sec. 2322. Family housing. 
Sec. 2323. Authorization of appropriations. Air Force. 
TITLE XXIV—DEFENSE AGENCTES 
PART A—FISCAL YEAR 1990 
Sec. 2401. Authorized defense agencies construction and land acquisition projects. 
Sec. 2402. Family housing. 
Sec. 2403. Improvements to military family housing units. 
Sec. 2404. Conforming storage facilities. 
Sec. 2405. Authorization of appropriations, defense agencies. 
Sec. 2406. Extension of certain previous authorizations. 
Sec. 2407. Medical facility. Fort Sill, Oklahoma. 
PART B—FISCAL YEAR 1991 
Sec. 2421. Authorized defense agencies construction and land acquisition projects. 
Sec. 2422. Authorization of appropriations, defense agencies. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
PART A—FISCAL YEAR 1990 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
PART B—FISCAL YEAR 1991 
Sec. 2621. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE XXVn—EXPIRATION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by law. 
TITLE XXVin—GENERAL PROVISIONS 
PART A—MIUTARY CONSTRUCTION PROGRAM CHANGES 
Sec. 2801. Family housing rental guarantee program. 
Sec. 2802. Leasing of military family housing. 
Sec. 2803. Long term facilities contracts. 
Sec. 2804. Improvements to family housing units for the handicapped. 
Sec. 2805. Domestic build-to-lease program. 
Sec. 2806. Turn-key selection procedures. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1363 
Sec. 2807. Prohibition of funding for certain military construction contracts on 
Guam. 
Sec. 2808. Authorized cost -variations. 
Sec. 2809. Lease-purchase of facilities. 
PAKT B—LAND TaANSAcnoNS 
Sec. 2811. Land conveyance at Marine C!orps Air Station, El Toro, California, and 
construction of family housing at Marine Corps Air Station, Tustin, 
California. 
Sec. 2812. Land conveyance. Fort Gillem, Georgia. 
Sec. 2813. Land conveyance, Hickam Air Force Base, Hawaii. 
Sec 2814. Land conveyances, Kapalama Military Reservation, Hawaii. 
Sec. 2815. Land conveyance. Public Works Center, Great Lakes, Illinois. 
Sec 2816. Land conveyance. Fort Knox, Kentucky. 
^ 
Sec. 2817. Release of reversionary interest to State of Minnesota. 
Sec 2818. Land conveyance. Naval Reserve Center, Kearney, New Jersey. 
Sec 2819. Transfer of jurisdiction over certain lands at Sandia, New Mexico. 
Sec. 2820. Land conveyance, Pittsburgh, Pennsylvania. 
Sec 2821. Land conveyance. Fort Belvoir, Virginia. 
Sec 2822. Modification of reversionary interest. Port of Benton, Washington. 
PABT C—I*BovisiONS RELATING TO BASE CLOSURES AND REALIGNMENTS 
Sec. 2831. Homeowners assistance program. 
Sec 2832. Use of closed bases for prisons and drug treatment facilities. 
Sec. 2833. Notice to local and State educational agencies of enrollment changes due 
to base closures and realignments. 
Sec 2834. Report 
PAKTD—MISCELLANEOUS PROVISIONS 
Sec. 2841. White Sands missile range. New Mexico. 
Sec 2842. Community planning assistance. 
Sec. 2843. Development of land and lease of facility at Henderson Hall, Arlington, 
Virginia. 
Sec. 2844. Report r^arding Fort Meade Recreation Area. 
Sec. 2845. Cooperative agreements for land management on Department of Defense 
installations. 
Sec 2846. Reimbursement for costs associated with homeporting at Lake Charles, 
Louisiana. 
Sec 2847. Feasibility study of land transfer for use as a correctional facility. 
Sec 2848. Construction of military family housing at Marine Corps Air Station, 
Tustin, California. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
PART A—NATIONAL SBCuniTy PROGRAMS AUTHORIZATIONS 
Sec 3101. Operating expenses. 
Sec 3102. Plant and capital equipment. 
Sec 3103. Funding limitations. 
PART B—^RECURRING GENERAL PROVISIONS 
Sec 3121. Reprogramming. 
Sec 3122. Limits on general plant projects. 
Sec 3123. limits on construction projects. 
. ^ 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for construction design. 
Sec 3126. Authority for emergency construction design. 
Sec 3127. Funds available for all national security programs of the Dei>artment of 
Energy. 
Sec 3128. Availability of funds. 
PART C—TECHNOLOGY TRANSFER 
Sec. 3131. Short title. 
Sec 3132. Findings and purposes. 
Sec 3133. Authority to enter into cooperative research and development agree-
ments. 
103 STAT. 1364 
PUBLIC LAW 101-189-NOV. 29, 1989 
PART D—EKvmoNhairt, SAFETY, AND MANAGEMENT 
Sec. 3141. Defense waste cleanup technology program. 
Sec. 3142. Executive management training in the Department of Energy. 
Sec. 3143. Major Department of Energy national security programs. 
Sec. 3144. Five-year budget plan requirement. 
PART E—MISCELLANEOUS PROVISIONS 
Sec. 3151. Prohibition and report on bonuses to contractors operating defense 
nuclear facilities. 
Sec 3152. Preference for Rocky Flats workers. 
Sec. 3153. Authorization and funding for Rocky Flats agreement. 
Sec. 3154. Moratorium on incineration of radioactive waste at Los Alamos National 
Laboratory. 
Sec. 3155. Production of the 155-millimeter artillery-fired, atomic projectile. 
Sec. 3156. Reports in connection with permanent closures of Department of Energy 
defense nuclear facilities. 
Sec. 3157. Defense program missions. 
TITLE XXXII—DEFENSE NUCLEAR FAaLTTIES SAFETY BOARD 
AUTHORIZATION 
Sec. 3201. Authorization. 
TITLE XXXin—NATIONAL DEFENSE STOCKPILE 
PART A—CHANGES IN STOCKPILE AMOUNTS 
Sec. 3301. Changes in stockpile requirements. 
Sec. 3302. Authorized disposals. 
Sec. 3303. Authorization of acquisitions. 
PART B—PROGRAMMATIC CHANGES 
Sec. 3311. Strategic and critical materials development, research, and conservation. 
Sec. 3312. Development of domestic sources. 
Sec. 3313. National defense stockpile manager. 
Sec. 3314. Authority to dispose of materials in the stockpile for international 
consumption. 
Sec. 3315. Information included in reports to Congress. 
TITLE XXXIV—CIVIL DEFENSE 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—PANAMA CANAL COMMISSION 
Sec. 3501. Short title. 
; 
- 
i i U 
Sec. 3502. Authorization of expenditures. 
Sec. 3503. Notification requirements. 
, 
^
^
^ 
Sec. 3504. General provisions. 
SEC. 3. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1990 
Authorizations of appropriations, and of personnel strength levels, 
in this Act for any fiscal year after fiscal year 1990 are effective only 
with respect to appropriations made during the first session of the 
One Hundred First Congress. 
SEC. 4. CONGRESSIONAL DEFENSE COMMITTEES DEFINED 
For purposes of this Act, the term "congressional defense commit-
tees" means the Committees on Armed Services and the Committees 
on Appropriations of the Senate and House of Representatives. 
10 u s e 114a 
SEC. 5. ANNUAL OUTLAY REPORT 
^°^' 
(a) ANNUAL REPORT ON OUTLAYS AND BUDGET AUTHORITY RE-
QUIRED.—(1) Not later than December 15, 1989, and not later than 
December 15 of each year thereafter, the Director of the Office of 
Management and Budget and the Director of the Congressional 
Budget Office shall submit to the Speaker of the House of Rep-
resentatives and the Committees on Armed Services, Appropria-
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1365 
tions, and the Budget of the Senate a joint report containing an 
agreed resolution of all differences between— 
(A) the technical assumptions to be used by the OfRce of 
Management and Budget in preparing estimates with respect to 
all accounts in megor fonctional category 050 (National Defense) 
for the budget to be submitted to Congress pursuant to section 
1105 of title 31, United States Code, in the year following the 
year in which the report is submitted; and 
(B) the technical assvunptions to be used by the Congressional 
Budget Office in preparing estimates with respect to such ac-
counts for such budget. 
(2) In the event that the Director of the OfGice of Management and 
Budget and the Director of the Congressional Budget Office are 
unable to agree upon any technical assumption, the report shall 
reflect the average of the relevant outlay rates or assumptions used 
by the Office of Management and Budget and the Congressional 
Budget Office. 
(3) The report with respect to a budget shall identify the following: 
(A) llie agreed first-year and outyear outlay rates for each 
account for the Department of Defense for each fiscal year 
covered by the propc^ed budget. 
(B) The agreed amoimt of outlays estimated to occur from 
unexpended appropriations made for fiscal years prior to the 
fiscal year that begins after submission of the report. 
O
i
>
) SENSE OF CONGRESS REGARDING BUDGET RI^LUTIONS AND 
BUDGET SCX>R£KEEPING.—It is the sense of Congress that, in order to 
prevent a recurrence of a mismatch between budget authority and 
outlays for budget function 050 (National Defense), the technical 
assumptions contained in the report imder subsection (iXD with 
respect to any budget should be used in the prei>aration of that 
budget, the preparation of the budget resolution, and in all 
scorekeeping in connection with budget function 050 (National 
Defense). 
(c) SENSE OF (CONGRESS REGARDING REQUIRED REDUCTIONS AND 
OTHER CHANGES IN NATIONAL DEFENSE OUTLAYS IN RELATION TO 
BUDGET AUTHORTTY.—It is the sense of Congress that the outlay 
level specified for national defense for any fiscal year in the budget 
resolution for that fiscal year should not require a reduction (or 
other change) in outlays for national defense for that fiscal year 
below (or in relation to) the estimated outlays specified for national 
defense in the budget for such fiscal year (submitted to (Ik>ngress 
pursuant to section 1105 of title 31, United States Code) by more 
than the amount by which such estimated outlays would be reduced 
(or otherwise changed) if the amount of budget authority provided 
for in each title of the President's request for budget authority for 
national defense (as contained in such budget) were reduced (or 
otherwise changed) by the uniform percentage necessary for the 
requested budget authority for national defense to be equal to the 
budget authority specified for national defense in that budget 
resolution unless the budget resolution is accompanied by a report 
that describes the difference between the budget authority and 
outlays for National Defense (function 050) in the President's budget 
and the budget resolution. 
103 STAT. 1366 
PUBLIC LAW 101-189—NOV. 29, 1989 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
2 
PART A—FUNDING AUTHORIZATIONS 
SEC. 101. ARMY 
«,r 
^ 
(a) AIRCRAFT.—Funds are hereby authorized to be appropriated for 
procurement of aircraft for the Army as follows: 
(1) $3,120,500,000 for fiscal year 1990, of which $1,021,908,000 
shall be available for modification of aircraft. 
(2) $2,617,038,000 for fiscal year 1991. 
(b) MISSILES.—Funds are hereby authorized to be appropriated for 
procurement of missiles for the Army as follows: 
(1) $2,756,827,000 for fiscal year 1990, of which $107,337,000 
shall be available for modification of missiles. 
(2) $2,571,260,000 for fiscal year 1991. 
(c) WEAPONS AND TRACKED COMBAT VEHICLES.—Funds are hereby 
authorized to be appropriated for procurement of weapons and 
tracked combat vehicles for the Army as follows: 
(1) $2,717,500,000 for fiscal year 1990. 
(2) $2,602,026,000 for fiscal year 1991. 
(d) AMMUNITION.—Funds are hereby authorized to be appro-
priated for procurement of ammunition for the Army as follows: 
- 
(1) $1,887,047,000 for fiscal year 1990. 
.. 
-
(2) $1,365,609,000 for fiscal year 1991. 
(e) OTHER PROCUREMENT.—Funds are hereby authorized to be 
appropriated for other procurement for the Army as follows: 
(1) $3,068,771,000 for fiscal year 1990, of which— 
^
^ 
(A) $446,282,000 is for tactical and support vehicles; 
(B) $1,469,183,000 is for communications and electronics 
^ 
equipment; and 
^' 
(C) $1,153,306,000 is for other support equipment. 
(2) $3,146,340,000 for fiscal year 1991. 
(f) INSTALLATION OF MODERNIZATION EJQUIPMENT.—Of the amounts 
authorized to be appropriated in this section for fiscal year 1990, 
funds shall be available for procurement and installation of mod-
ernization equipment (in addition to the amounts for modifications 
specified in subsections (aXD and (bXD) as follows: 
(1) Of funds appropriated for aircraft procurement for the 
,. Army, $89,900,000. 
(2) Of funds appropriated for missile procurement for the 
t 
Army, $38,300,000. 
(3) Of funds appropriated for weapons and tracked combat 
vehicles, $143,400,000. 
(4) Of funds appropriated for other procurement for the 
Army, $97,700,000. 
SEC. 102. NAVY AND MARINE CORPS 
(a) AIRCRAFT.—(1) Funds are hereby authorized to be appropriated 
for procurement of aircraft for the Navy as follows: 
- ^ . . 
(A) $9,500,222,000 for fiscal year 1990. 
(B) $4,353,057,000 for fiscal year 1991. 
PUBLIC LAW 101-189—NOV. 29,1989 
103 STAT. 1367 
(2) Of the amounts authorized to be appropriated pursuant to 
paragraph (1) for fiscal year 1990, funds shsdl be available for 
certain programs as follows: 
(A) For the F-14D aircraft program, $1,529,664,000 of which— 
(i) $1,175,336,000 shall be available for procurement of 18 
new production F-14D aircraft and related new production 
close-out; 
(ii) $272,000,000 shall be available for procurement of six 
tir.: 
remanufactured F-14D aircraft; and 
(iii) $82,664,000 shall be available for advance procure-
ment for remanufactured F-14D sdrcraft. 
(B) For the CH/MH-53E aircraft program, $254,000,000 for 10 
CH-53E aircraft and four MH-53E aircraft, subject to the 
limitation that any CH-53E aircraft procured with such funds 
shall be available only for the heavy-lift mission of the Marine 
i- 
Corps. 
(C) For modification of aircraft, $600,757,000 shall be available 
K 
for procurement of aircraft modifications. 
Qy) WEAPONS.—(1) Funds are hereby authorized to be appropriated 
for procurement of weapons (including missiles and torpedoes) for 
the Navy as follows: 
(A) $3,884,035,000 for fiscal year 1990. 
(B) $1,987,294,000 for fiscal year 1991. 
(2) Amounts authorized to be appropriated pursuant to paragraph 
(2) for fiscal year 1990 shall be available as follows: 
(A) For ballistic missile programs, $1,518,165,000. 
(B) For other missile programs, $2,798,552,000. 
(C) For torpedo programs, $810,954,000 as follows: 
For the MK-48 torpedo program, $438,900,000. 
'^* 
For the Sea Lance program, $1,799,000. 
For the MK-50 torpedo program, $269,130,000. 
For the ASW target program, $12,983,000. 
For the ASROC program, $9,282,000. 
For the modification of torpedoes and related equipment, 
$15,653,000. 
For the torpedo support equipment program, $39,002,000. 
For the antisubmarine warfare range support program, 
$24,205,000. 
' (D)Forotherweapons, $184,361,000, of which— 
(i) $74,990,000 is for the MK-15 close-in weapon system; 
and 
(ii) $63,771,000 is for the close-in weapon system modifica-
tion program. 
(E) For spares and repair parts, $94,441,000. 
The sum of amounts authorized to be appropriated for fiscal year 
1990 for torpedo programs, other weapons, and spares and spare 
parts is reduced by $7,800,000. 
(c) SHIPBUILDING AND CONVERSION.—(1) Funds are hereby au-
thorized to be appropriated for shipbuilding and conversion for the 
Navy as follows: 
(A) $10,958,400,000 for fiscal year 1990. 
(B) $9,532,656,000 for fiscal year 1991. 
(2) Amounts authorized to be appropriated pursucmt to paragraph 
(1) shall be available as follows: 
For the Trident submarine program, $1,137,800,000 for fiscal 
year 1990. 
103 STAT. 1368 
PUBLIC LAW 101-189—NOV. 29, 1989 
For the SSN-688 nuclear attack submarine pr<^ram, 
$763,300,000 for fiscal year 1990. 
For the 
SSN-21 nuclear attack 
submarine 
program, 
$816,800,000 for fiscal year 1990 and $3,329,000,000 for fiscal 
year 1991. 
For the aircraft carrier service life extension program (SLEP), 
$651,200,000 for fiscal year 1990 and $76,600,000 for fiscal year 
1991. 
For 
the 
Enterprise 
refueling/modernization 
program, 
$1,422,100,000 for fiscal year 1990. 
For 
the 
DDGr-51 guided 
missile 
destroyer 
program, 
$3,533,700,000 for fiscal year 1990 and $3,604,700,000 for fiscal 
year 1991. 
For the LHD-1 amphibious assault ship pr(^am, $35,000,000 
for fiscal year 1990 and $959,900,000 for fiscal year 1991. 
For the LSD-41 cargo variant program, $229,300,000 for fiscal 
year 1990 and $232,700,000 for fiscal year 1991. 
For the MCM mine countermeasures prc^am, $341,500,000 
for fiscal year 1990. 
For the MHC coastal minehunter program, $282,000,000 for 
fiscal year 1990 and $255,900,000 for fiscal year 1991. 
For the AO (Jumbo) conversion prc^ram, $35,700,000 for fiscal 
year 1990. 
For 
the 
TAGOS 
ocean 
surveillance 
ship 
program, 
$155,800,000 for fiscal year 1990. 
For the AOE fast combat support ship program, $356,400,000 
for fiscal year 1990 and $357,700,000 for fiscal year 1991. 
For the oceanographic research ship program, $278,100,000 
for fiscal year 1990 and $41,900,000 for fiscal year 1991. 
For the moored training ship program, $220,000,000 for fiscal 
year 1990. 
For service crafi; and landing crafi;, $56,400,000 for fiscal year 
1990 and $88,600,000 for fiscal year 1991. 
For the landing craft, air cushion (LCAC) program, 
$273,300,000 for fiscal year 1990 and $284,000,000 for fiscal year 
199L 
For the Fast Sealifi; ship program, $20,000,000 for fiscal year 
1990 and $240,000,000 for fiscal year 1991. 
For outfitting and post delivery, $340,000,000 for filscal year 
1990. 
For ship production engineering, $61,656,000 for fiscal year 
1991. 
For ship special support equipment, $10,000,000 for fiscal year 
1990. 
(d) OTHER PROCUREMKNT, NAVY.—(1) Funds are hereby authorized 
to be appropriated for other procurement for the Navy as follows: 
(A) $8,207,125,000 for fiscal year 1990. 
(B) $5,144,805,000 for fiscal year 1991. 
(2) Of tiie amounts authorized to be appropriated pursuant to 
paragraph (1) for fiscal year 1990, funds shall be available for 
certain programs as follows: 
(A) For the ship support equipment program, $711,413,000. 
(B) For the communications and electronics equipment pro-
- 
gram, $1,535,019,000. 
(D) For aviation support equipment, $591,398,000. 
(E) 
For 
the 
ordnance 
support 
equipment 
program, 
$1,079,346,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1369 
(F) For civil engineering support equipment, $113,592,000. 
(G) For supply support equipment, $156,081,000. 
(H) For personnel and command support 
equipment, 
$409,471,000. 
(I) For spares and repair parts, $529,905,000. 
The sum of amounts authorized to be appropriated for ship support 
equipment, communications and electronics equipment, ordnance 
support equipment, and spares and repair parts is reduced by 
$15,300,000. 
(e) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for procurement for the Marine Corps as follows: 
(1) $1,215,600,000 for fiscal year 1990. 
(2) $748,380,000 for fiscal year 1991. 
(f) INSTALLATION OF MODERNIZATION EQUIPMENT.—Of the amounts 
authorized to be appropriated in this section for fiscal year 1990, 
funds shall be available for procurement and installation of mod-
ernization equipment (in addition to the amounts for modification 
specified in subsections (aX2XC) and (dX2XA)) as follows: 
(1) Of funds appropriated for aircraft procurement for the 
Navy, $783,400,000. 
(2) Of funds appropriated for weapons procurement for the 
Navy, $33,800,000. 
(3) Of funds appropriated for other procurement for the Navy, 
$3,096,200,000. 
(4) Of funds appropriated for procurement for the Marine 
Corps, $15,400,000. 
SEC. 103. AIR FORCE 
(a) AiRcaiAPT.—I\inds are hereby authorized to be appropriated for 
procurement of aircraft for the Air Force as follows: 
(1) $16,329,857,000 for fiscal year 1990, of which $2,107,969,000 
shall be available for modification of aircraft. 
(2) $11,120,820,000 for fiscal year 1991. 
Qy) MISSILES.—Funds are hereby authorized to be appropriated for 
procurement of missiles for the Air Force as follows: 
(1) $7,110,900,000 for fiscal year 1990,.of which $115,647,000 
shall be available for modification of missiles. 
(2) $5,327,084,000 for fiscal year 1991, 
(c) OTHER PROCUREMENT.—Funds are hereby authorized to be 
appropriated for other procurement for the Air Force as follows: 
(1) $8,538,454,000 for fiscal year 1990, of which— 
(A) $410,921,000 is for munitions and associated support 
equipment; 
(B) $224,268,000 is for vehicular equipment; 
(C) $2,322,727,000 is for electronics and telecommuni-
cations equipment; and 
(D) $5,5iB0,538,0()0 is for other base maintenance and sup-
port equipment. 
(2) $8,187,568,000 for fiscal year 1991. 
(d) INSTALLATION OF MODERNIZATION EQUIPMENT.—Of the amounts 
authorized to be appropriated in this section for fiscal year 1990, 
fimds shall be available for procurement and installation of mod-
ernization equipment (in addition to the amounts for modifications 
specified in subsections (aXD and (bXD) as follows: 
(1) Of funds appropriated for aircraft procurement for the Air 
Force, $685,900,000. 
103 STAT. 1370 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) Of funds appropriated for missile procurement for the Air 
Force, $38,400,000. 
SEC. 104. DEFENSE AGENCIES 
Funds are hereby authorized to be appropriated for procurement 
for the Defense Agencies as follows: 
(1) $1,332,251,000 for fiscal year 1990. 
(2) $1,113,169,000 for fiscal year 1991. 
SEC 105. RESERVE COBIPONENTS 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby au-
thorized to be appropriated for fiscal year 1990 for procurement of 
aircraft, vehicles, communications equipment, and other equipment 
for the reserve components of the Armed Forces as foUows: 
(1) For the Army National Guard, $209,000,000. 
(2) For the Air National Guard, $350,500,000. 
(3) For the Army Reserve, $75,000,000. 
(4) For the Navy Reserve, $74,300,000. 
(5) For the Air Force Reserve, $219,500,000. 
(6) For the Marine Corps Reserve, $60,000,000. 
(b) INSTALXATION OF MODERNIZATION EQUIPMENT.—Of the amounts 
authorized to be appropriated in subsection (a) for fiscal year 1990, 
funds shall be available for procurement and installation of mod-
ernization equipment as follows: 
(1) Of funds appropriated for the Navy Reserve, $28,300,000, 
(2) Of funds appropriated for the Air Force Reserve, 
$10,000,000. 
(3) Of funds appropriated for the Air National Guard, 
$59,500,000. 
SEC 106. CHEMICAL DEMILITARIZATION PROGRAM 
Funds are hereby authorized to be appropriated for the destruc-
tion of lethal chemical weapons in accordance with section 1412 of 
the Department of Defense Authorization Act, 1986 (Public Law 99-
145; 99 Stat. 747) as follows: 
(1) $263,700,000 for fiscal year 1990. 
(2) $317,700,000 for fiscal year 199L 
SEC. 107. MULTIYEAR AUTHORIZATIONS 
(a) AUTHORIZED MULTIYEAR PROCUREMENTS.—^The Secretary of the 
military department concerned may use funds appropriated for 
fiscal year 1990 to enter into multiyear procurement contracts in 
accordance with section 2306(h) of title 10, United States Code, for 
the following programs: 
(1) AioAY.—For the Department of the Army: 
(A) The M-1 Abrams tank program. 
(B) The Bradley Fighting Vehicle program. 
?
? 
(O The MH-47 heUcopter prt^ram. 
(D) The Family of Heavy Tactical Vehicles pr<^ram. 
(2) NAVY.—For the Department of the Navy: 
(A) The DDG-51 destroyer program. 
(B) The SH-60 B/F helicopter program. 
(C) The Mark 45 gun mount and Mark 6 ammunition 
hoist program. 
(3) AIR FORCE.—For the Department of the Air Force: 
(A) The KC-135 tanker aircraft prc^ram. 
(B) The Combined Effects Munitions (CEM) program. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1371 
(C) The MH-60G helicopter program. 
(D) The Maverick AGM65D missile program. 
(b) DENIAL OP CERTAIN MULTIYEAR PROCUREMENTS.—The Sec-
retary of the military department concerned may not use funds 
appropriated for fiscm year 1990 to enter into a multiyear procure-
ment contract for any of the following programs: 
(1) The E-2C aircraft program. 
(2) The FA-18 aircraft program. 
SEC. 108. CHANGES IN PRIOR MILESTONE AUTHORIZATIONS 
(a) PROCUREMENT PROGRAMS.—(1) Subsection (aX2) of section 106 
of the National Defense Authorization Act for Fiscal Years 
1988 and 1989 (Public Law 100-180; 101 Stat. 1034) is amended— 
(A) by striking out "$976,200,000" in subparagraph (A) and 
inserting in lieu thereof "$984,719,000"; and 
(B) by striking out "$360,000,000" in subparagraph (B) and 
inserting in lieu thereof "$68,596,000". 
(2) Subsection (bX2) of such section is amended— 
(A) by striking out "$158,200,000" in subparagraph (A) and 
inserting in lieu thereof "$94,873,000"; and 
(B) by striking out "$209,000,000" in subparagraph (B) and 
inserting in lieu thereof "$199,858,000". 
(3) Subsection (cX2) of such section is amended— 
(A) by striking out "$2,215,000,000" in subparagraph (A) and 
inserting in lieu thereof "$1,514,638,000"; and 
(B) by striking out "$2,090,500,000" in subparagraph (B) and 
inserting in lieu thereof "$1,535,225,000". 
(4) Subsection (dX2) of such section is amended— 
(A) by striking out "$437,700,000" in subparagraph (A) and 
inserting in lieu thereof "$153,114,000"; and 
(B) by striking out "$596,300,000" in subparagraph (B) and 
inserting in lieu thereof "$431,565,000". 
G)) RDT&E PROGRAMS.—(1) Subsection (aX2) of section 216 of such 
Act (101 Stat. 1051) is amended by striking out "$49,000,000" and 
inserting in lieu thereof "$44,661,000". 
(2) Subsection (bX2) of such section is amended— 
(A) by striking out "$338,300,000" in subparagraph (A) and 
inserting in lieu thereof "$216,054,000"; and 
(B) by striking out "$164,700,000" in subparagraph (B) and 
inserting in lieu thereof "$70,670,000". 
(3) Subsection (cX2) of such section is amended— 
(A) by striking out "$23,700,000" in subparagraph (A) and 
inserting in lieu thereof "$22,475,000"; and 
(B) by striking out "$24,000,000" in subparagraph (B) and 
inserting in lieu thereof "$14,603,000". 
PART B—B-2 AIRCRAFT PROGRAM 
SEC. 111. B-2 BOMBER PROGRAM FUNDING AND LIMITATIONS FOR 
FISCAL YEAR 1990 
(a) AMOUNT AUTHORIZED.—Of the amounts appropriated pursuant 
to section 103(a) for procurement of aircraft for the Air Force for 
fiscal year 1990— 
(1) not more than $1,663,974,000 may be obligated for procure-
ment of B-2 aircraft; 
(2) not more than $424,800,000 may be obligated for advance 
procurement of B-2 aircraft; and 
103 STAT. 1372 
PUBLIC LAW 101-189—NOV. 29, 1989 
Reports. 
Reports. 
(3) not more than $331,600,000 may be obligated for procure-
ment of initial spares for B-2 aircraft. 
0>) BLOCK 1 FUGHT TESTING.—Funds appropriated for fiscal year 
1990 for procurement of aircraft for the Air Force may not be 
obligated for the procurement of new production B-2 aircraft 
untO— 
(1) the planned Block 1 program of flight testing of the B-2 
aircraft (consisting of approximately 75 flight test hours and 15 
flights) is completed; 
(2) the Director of Operational Test and Evaluation of the 
Department of Defense— 
(A) reviews the Block 1 flight test data; 
(B) evaluates the performance of the B-2 aircraft during 
such flight testing with respect to issues considered to be 
"Critical Operational Issues'; and 
(Q submits to the Secretary of Defense a report contain-
ing (i) the results of such review and such evaluation 
(including the Director's findings and conclusions concern-
ing such test data), and (ii) an assessment known as an 
"Early Operational Assessment"; and 
(3) the Seo^tary of Defense certifies to the congressional 
defense committees that no msyor aerodynamic problem or 
flightworthiness problem has been identified during the Block 1 
flight testing of the B-2 aircraft. 
(c) BLOCK 2 FLIGHT TESTING.—(1) Funds appropriated for fiscal 
year 1990 for procurement of aircraft for the Air Force may not be 
obligated for the procurement of B-2 aircraft until Block 2 flight 
testing (including testing of low-observables and flying qualities and 
performance testing in accordance with the Test and Evaluation 
Master Plan approved for the B-2 program) begins. 
(2) Of the amounts made available for fiscal year 1990 for the 
procurement of B-2 aircraft, not more than 15 percent may be 
expended until— 
(A) the panel of the Defense Science Board known as the Low-
Observables Panel conducts an independent review of the test 
data resulting from early Block 2 flight testing and submits to 
the Secretary of Defense a report on the results of that review, 
together with the Panel's findings and conclusions, and a period 
of seven daj^ elapses after the Secretary receives such report; 
and 
(B) the Secretary of Defense, after receiving such report, 
certifies to the congressional defense committees that— 
(i) the results of early Block 2 flight testing of that 
aircraft (including testing of low-observables and flying 
qualities and performance) are satisfactory; and 
(ii) no significant technical or operational problems have 
been identified during early Block 2 flight testing. 
(3) Not later than seven days after the date on which the Sec-
retary receives the report under paragraph (2XA), the Director of 
Operational Test and Evaluation shall submit to the Secretary the 
Director's evaluation of the results of the Block 2 flight testing to 
that date. 
(d) APPLICATION OF LIMITATIONS AND REQxnREMENTS.—The limita-
tions in subsections (b) and (c) apply only to the two new production 
B-2 aircraft for which fimds are provided for fiscal year 1990. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1373 
SEC. 112. LIMITATION ON ANNUAL PRODUCTION OF B-2 BOMBER FOR 
FISCAL YEARS AFTER FISCAL YEAR 1990 
(a) REQUIRED ANNUAL CERTIFICATION.—Funds appropriated to the 
Department of Defense for a fiscal year after fiscal year 1990 may 
not be obligated or expended for procurement for new production 
aircraft under the B-2 bomber program unless and until the Sec-
retary of Defense submits to the congressional defense committees 
the certification referred to in subsection (b) with respect to that 
fiscal year. 
0)) CERTIFICATION.—A certification referred to in subsection (a) for 
Public 
any fiscal year is a certification submitted by the Secretary of 
^formation. 
Defense to the congressional defense committees after the beginning 
of the fiscal year which is in writing and in unclassified form and in 
which the Secretary certifies each of the following: 
(1) That the performance milestones for the B-2 aircraft for 
the previous fiscal year for both developmental test and evalua-
tion and operational test and evaluation (as contained in the 
latest full performance matrix for the B-2 aircraft program 
established under section 232(a) of Public Law 100-456 and 
section 121 of Public Law 100-180) have been met. 
(2) That the B-2 aircraft has a high probability of being able 
to perform its intended missions. 
(3) That any proposed modification to the performance matrix 
referred to in paragraph (1) will be provided in writing in 
advance to the congressional defense committees. 
(4) That the cost reduction initiatives established for the B-2 
program can be achieved (such certification to be submitted 
together with details of the savings to be realized). 
(5) That the quality assurance practices and fiscal manage-
ment controls of the prime contractor and major subcontractors 
associated with the B-2 program meet or exceed accepted 
United States Government standards. 
SEC. 113. ONGOING EVALUATION BY COMPTROLLER GENERAL OF B-2 
TEST AND EVALUATION RESULTS 
(a) EVALUATION.—The Comptroller General of the United States 
shall review all test reports and evaluation documents of the 
Department of Defense concerning the B-2 aircraft program. 
(b) REPORTS.—The Comptroller General shall submit to Congress 
periodic reports setting forth the Comptroller General's findings 
resulting from the review under subsection (a). In addition to what-
ever other reports the Comptroller General submits under the 
preceding sentence, the Comptroller General shall submit a report 
under that sentence— 
(1) not later than 30 days after the date on which the Sec-
retary of Defense submits a certification under section 111(b)(3) 
with respect to Block 1 flight testing or a certification under 
section lll(cX2)(B) with respect to Block 2 flight testing; and 
(2) in any fiscal year, not later than 30 days after the date on 
which the Secretary of Defense submits a certification under 
section 112(a) with respect to that fiscal year. 
(c) MATTERS TO BE INCLUDED IN REPORT.—Each report under 
subsection (b) shall include the Comptroller CJeneral's evaluation 
of— 
(1) the rigor, realism, and adequacy of the developmental test 
and evaluation and the operational test and evaluation activi-
ties; 
103 STAT. 1374 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) whether such test and evaluation complies with the full 
performance matrix described in section 112(bXl); and 
(3) whether threat data as agreed upon within the United 
States intelligence commimity was fully used in the test and 
evsduation process. 
(d) UNCLASSIFIED SUBOIARY.—Each such report shall include an 
unclassified statement containing a siunmary of the findings of the 
Comptroller Creneral with respect to each principal matter discussed 
in the report. 
SEC 
1
1
4
. 
REPORT 
ON 
COST, 
SCHEDULE, 
AND 
CAPABILITY 
(a) REQUIRED REPORT.—The Secretary of Defense shall submit to 
the congressional defense committees a report on the cost, schedule, 
and capability of the B-2 aircraft prc^am. The report shall provide 
the following: 
(1) An unclassified int^rated program schedule for the B-2 
aircraft pn^ram that includes— 
(A) the total cost of the program shown by fiscal year, 
including costs (shown by fiscal year) for research and 
development, for procurement (including advance procure-
ment, spares, and modifications), for military construction, 
for operation and maintenance, and for personnel (with all 
such costs to be expressed in both base year and then year 
dollars); and 
(B) the proposed annual buy rate of B-2 aircraft. 
(2) A detailed statement of the mission and requirements for 
the B-2 aircraft, including the current and projected capability 
(based on threat data as agreed upon within the United States 
intelligence community) of the B-2 aircraft to conduct missions 
against strategic relocatable targets and to conduct conven-
tional warfare operations. 
(3) A detailed assessment of the performance of the B-2 
aircraft, t<^ether with a comparison of that performance with 
the performance of existing strategic penetrating bombers of 
the United States based on threat data as agreed upon within 
the United States intelUgence community. 
(4) A detailed assessment of the technical risks associated 
with the B-2 prc^am, particularly those risks associated with 
the avionics systems and components of the aircraft. 
(b) LIMITATION ON FUNDING UNTIL REPORT SUBMITTED.—Funds 
appropriated to the Department of Defense for fiscal year 1990 may 
not be obligated or expended for procurement for new production 
aircraft under the B-2 bomber program until the report required by 
subsection (a) is submitted to the congressional defense committees. 
SEC. 115. ONGOING INDEPENDENT ASSESSMENT OF B-2 AIRCRAFT PRO-
GRAM 
(a) INDEPENDENT ASSESSMENT.—The Secretary of Defense shall 
provide for an ongoing independent assessment of the technological 
capabilities and performance of the B-2 aircraft. The Secretary shall 
appoint a panel of experts and shall use the resources of federally 
funded research and development centers (FFRDCs) to conduct the 
assessment. The Secretary shall provide the panel such resources as 
are necessary, including technical assistance by private contractors 
and the United States intelligence community, to assist the panel in 
conducting the assessment. Individuals appointed to the panel shall 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1375 
be independent of the Air Force and shall have no arrangements 
with the Air Force that would constitute a conflict of interest, 
(b) REPORT.—The panel shall submit periodic reports of its find-
ings to Congress. The first such report shall be submitted not later 
than April 1, 1990. Subsequent reports shall be submitted every six 
months thereafter until B-2 aircraft procurement is completed. 
Such reports shall be submitted in both classified and unclassified 
form. Each such report shall address the following matters: 
(1) The capability of air defenses of the Soviet Union to defeat 
the B-2 aircraft during the designed service life of that aircraft, 
taking into consideration in particular— 
(A) the low radar signature and anticipated performance 
^ 
of the aircraft; 
^
-
* 
(B) technological capabilities of the Soviet Union; 
(C) developments by the Soviet Union of alternatives to 
defeat the B-2 aircraft; and 
(D) the estimated cost to the Soviet Union to defeat the 
B-2 aircraft. 
(2) The rationale for building the B-2 aircraft as a manned 
penetrating bomber, taking into consideration in particular— 
(A) the missions of the aircraft; 
(B) the capabilities of the aircraft to complete those mis-
<
* - 
sions; and 
(C) the capability of the aircraft to search for, identify, 
and destroy strategic relocatable targets. 
(3) The opportunity costs associated with the B-2 program as 
compared to other available or emerging technologies and oper-
ational concepts that could perform the missions of the B-2 
aircraft at lesser costs. 
(4) The planned service life of the B-2 aircraft and the 
potential for growth in that planned service life through the 
incorporation of preplanned product improvements and other 
modifications. 
(5) The requirements for any follow-on aircraft or system that 
incorporates both low observable technology and high speed 
maneuverability. 
(6) An assessment of the capability of the United States to 
defeat, identify, and destroy low observable vehicles, including 
manned aircraft and unmanned systems. 
SEC. 116. SUBMISSION OF UNCLASSIFIED VERSION OF B-2 PERFORM-
ANCE MATRIX 
The Secretary of Defense shall submit to the congressional de-
fense committees a report containing an unclassified version of the 
latest full performance matrix for the B-2 program established 
under section 121 of Public Law 100-180 and section 232 of Public 
Law 100-456. The report shall be submitted at the same time as the 
budget of the President for fiscal year 1991 is submitted to Congress 
pursuant to section 1105 of title 31, United States Code. 
SEC. 117. REPORTS 
RELATING 
TO 
CORRECTION-OF-DEFICIENCIES 
CLAUSES IN B-2 AIRCRAFT PROCUREMENT CONTRACTS 
(a) REPORTS REQUIRED.—The Secretary of Defense shall submit to 
the congressional defense committees two reports on the im-
plementation of the contractor guarantee requirements of section 
2403 of title 10, United States Code, with respect to the B-2 aircraft 
program. Each such report shall include the following: 
Union of 
Soviet 
Socialist 
Republics. 
Reports. 
103 STAT. 1376 
PUBLIC LAW 101-189—NOV. 29, 1989 
(1) A copy of each so-called "correction of deficiency" claiise in 
a contract with the prime contractor for the B-2 aircraft pro-
gram in effect as of the date of the submission of the report. 
(2) The plans of the Department of Defense for meeting the 
requirements of subsection (b) of section 2403 of title 10, United 
States Code, in future contracts for the prociirement of B-2 
aircraft, including a copy of any specific contract clause that 
has been agreed to by the Air Force and the contractor imder 
that subsection. 
(3) The manner in which inspection or acceptance by the Air 
jj ^ 
Force will affect the relative liability of the Government and 
the contractor— 
(A) under the contract clauses referred to in paragraphs 
, 
(1) and (2), and 
, 
(B) under the plans referred to in paragraph (2) for 
, 
compliance with the contractor guarantee requirements 
referred to in that paragraph. 
(b) SUBMISSION OF REPORTS.—The first report required by subsec-
tion (a) shall be submitted not later than 30 days after the date of 
the enactment of this Act. The second report shall be submitted in 
conjunction with the certification under section 11101>X3). 
(c) PROTECTION OF PROPRIETARY INFORMATION.—^The reports re-
quired by this section shall be submitted in classified and unclassi-
fied versions and shall clearly identify any material that contains 
proprietary information or otiier source selection information, the 
disclosure of which is restricted by law or r^ulation. 
(d) MODIFICATION OF CORRECTION-OF-DEFICIENCY CLAUSES.—(1) The 
Secretary of the Air Force shall take appropriate steps to ensure— 
(A) that the procurement of all B-2 aircraft authorized for 
fiscal years 1989 and 1990 is subject to a contractor guarantee 
pursuant to section 2403 of title 10, United States Code; and 
(B) that the prime contractor for such aircraft is required to 
assume a substantially greater responsibility for the cost of 
corrective actions required under section 24030)) of such title 
than under existing contracts for B-2 aircraft. 
(2) Notwithstanding section 2403(g) of such title, the Secretary 
may not n^otiate exclusions or limitations on the prime contrac-
tor's financial liability for the cost of corrective action for defects 
under section 24030>) of such title for the B-2 aircraft referred to in 
paragraph (1) that would restdt in the total of such liability for such 
costs being less than the total of the contractor's target profit on the 
production of such aircraft unless the Secretary determines that the 
specific benefits of such exclusions or limitations substantially out-
weigh the potential costs. 
(3) Whenever the Secretary makes a determination under para-
graph (2), the Secretary shall notify the congressional defense 
committees of that determination and shall include in such notifica-
tion the specific reasons for such determination and copies of any 
relevant exclusions or limitations. 
(4) The Secretary shall describe in the reports required by subsec-
tion (a) the steps the Air Force has taken under this subsection. 
(5) Nothing in this section shall be construed to require the 
ren^otiation of any contract in effect on the date of the enactment 
of this Act. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1377 
SEC. 118. STUDY OF ALTERNATIVE B-2 AIRCRAFT FORCE STRUCTURES 
(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall 
conduct a comprehensive study of the force structure for the B-2 
aircraft. Under the study, the Secretary shall compare— 
(1) the current plan of the Department of Defense to produce 
132 B-2 aircraft, with 
(2) two alternative plans for production of B-2 aircraft, one of 
which would provide for procurement of three wings of B-2 
aircraft with a total of 90 to 100 aircraft and the second of which 
would provide for procurement of two wings of B-2 aircraft with 
a total of 60 to 70 aircraft. 
(b) MATTERS TO BE CONSIDERED.—In conducting the study under 
subsection (a), the Secretary of Defense shall determine the implica-
tions of adopting the alternative plans described in subsection (a)(2) 
with respect to each of the following: 
(1) The cost of the B-2 aircrsift program, including— 
(A) annual program costs, 
(B) total program costs, 
(C) 20-year life cycle costs, and 
(D) unit and flyaway costs. 
(2) The effect on the military and arms control posture of the 
United States, including— 
lA) strategic nuclear deterrent capabilities, 
(B) long-range conventional strike capabilities, and 
(C) on-going arms control negotiations and post-treaty 
force structures. 
(c) REPORT.—The Secretary shall submit to the congressional de-
fense committees a report in both classified and unclassified form 
containing the results of the study conducted under subsection (a). 
The report shall include such comments and recommendations as 
the Secretary considers appropriate and shall be submitted not later 
than March 31,1990. 
SEC. 119. SENSE OF CONGRESS ON PROCUREMENT OF B-2 AIRCRAFT 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States has devoted substantial resources over 
the past several decades to the strategic bomber force, including 
subst€intial resources for— 
(A) significant upgrades to B-52 aircraft; 
(B) research, development, and procurement of B-1 air-
craft; and 
(C) research, development, and procurement of air-
launched cruise missiles. 
(2) The current estimate of the Department of Defense of a 
cost of $70,200,000,000 for acquisition of a force of 132 B-2 
aircraft is predicated on several £U3sumptions, including the 
achievement of cost-reduction initiatives, not all of which have 
been contracted for. 
(3) The life-cycle costs for a force of 132 B-2 aircraft would be 
significantly higher than the acquisition cost estimate of 
$70,200,000,000. 
(4) Funds have been approved for the production of 10 B-2 
aircraft through fiscal year 1990, but Congress has not decided 
the total number of such aircraft that should be produced. 
=
^ 
(5) If a substantial number of B-2 aircraft is not procured, 
' ' 
additional funds could be made available for other important 
military programs. 
103 STAT. 1378 
PUBLIC LAW 101-189—NOV. 29, 1989 
(6) Fiscal year 1990 will constitute the fifth consecutive fiscal 
year for which the amount appropriated for national defense 
functions of the Government declined (after adjusting for infla-
tion) from the preceding fiscal year. 
(7) Expected limitations on future defense budgets make it 
essential that the Nation's defense priorities be carefully ana-
l3rzed so as to properly fund the Anned Forces, including the 
various elements of the Nation's strategic forces. 
(b) SENSE OF CONGRESS.—In light of the findings in subsectior (a), 
it is the sense of Congress that— 
(1) it is not prudent or possible at this time to commit to a 
production rate for the B-2 aircraft higher than the rate under 
the low-rate initial production plan; 
(2) the contingent authorization of funds in this Act for the 
low-rate initial production of two additional B-2 aircraft does 
not constitute a commitment to support the procurement of 
large numbers of B-2 aircraft, to provide funding in subsequent 
years for rate production of B-2 aircraft, or to approve a 
multiyear procurement of B-2 aircraft; and 
(3) before a commitment is made to proceed with initial full-
rate production of the B-2 aircraft, the President and Congress 
should carefully consider 0>ased upon the assumption of a 
START regime that uses the Rey^avik counting rule for bomb-
ers, upon the assiunption of a START regime that uses alter-
native rules for counting bombers, and upon the assiunption of 
no START treaty) the desirability and feasibility of— 
(A) structuring the strategic bomber force of the United 
States in such a manner that primary reliance would be 
placed upon bombers carrying cruise missiles rather than 
bombers having strictly a penetrating role; and 
(B) pursuing options for the procurement of significantly 
fewer than 132 B-2 aircraft so that, if a decision is made in 
the future to procure an operational force of B-2 aircraft, 
the total acquisition and life-cycle cost of the B-2 aircraft 
program would be reduced. 
PART C—OTHER STRATEGIC PROGRAMS 
SEC. 121. LIMITATIONS 
ON 
B-IB 
ELECTRONIC 
COUNTERMEASURES 
RECOVERY PROGRAM 
(a) GENERAL LIMITATION.—The Secretary of the Air Force may 
proceed with the recovery program for the B-IB aircraft electronic 
countermeasures (ECM) system only in accordance with this section. 
(b) REQUIREMENT FOR TESTING PROGRAM.—(1) During fiscal years 
1990 and 1991, the Secretary of Defense shall conduct a comprehen-
sive program for the systematic testing of the B-IB avionics modi-
fications. 
(2) For purposes of this section, the term "B-IB avionics modifica-
ti6ns" means the modifications proposed by the Air Force to the 
defensive avionics system of the B-IB aircraft consisting of (A) the 
"core configuration" modification to the ALQ-161 system, plus (B) 
the installation and integration of a radar warning receiver. 
Reports. 
(3) Not later than 60 days after the date of the enactment of this 
Act, the Secretary shall submit to the congressional defense commit-
tees a detailed plan for the conduct of the systematic testing 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1379 
program required by paragraph (1). The plan shall include the 
following: 
(A) The planned test schedule for each of the various compo-
nents of the defensive avionics system of the B-IB aircraft, to be 
tested both singly and in combination with other components of 
the defensive and offensive avionics systems for the aircraft. 
(B) The objectives of each of the planned tests and the criteria 
that will be used to determine whether each such test is success-
ful, partially successful, or unsuccessful. 
(C) An explanation of how those scheduled tests can be used to 
estimate the capability of the B-IB aircraft to penetrate air 
defenses of the Soviet Union, including both single and multiple 
air defense threats. 
(c) MODIFICATIONS TO B-IB AIRCRAFT.-;-(1) The Secretary of the 
Air Force may modify not more than six B-IB aircraft to incor-
porate the B-IB avionics modifications. 
(2) The aircraft that are so modified shall be used to conduct the 
test program required by subsection 0)). The test program shall be 
carried out in accordance with the plan submitted under subsection 
(bX3). 
(3) Except as provided in paragraph (4), no B-IB aircraft other 
than those modified pursuant to paragraph (1) may be modified to 
incorporate the B-IB avionics modifications until the test program 
required by subsection (b) is completed. 
(4) The Secretary may modify the avionics systems of the first 19 
B-IB production aircraft to bring those aircraft to the current 
avionics configuration of the balance of the B-IB fleet. 
(d) BIMONTHLY STATUS REPORTS.—(D The Secretary of Defense 
shall submit to the congressional defense committees a report every 
two months with respect to the test program under subsection (b). 
Each such report shsdl indicate whether the tests scheduled in the 
test plan to be carried out after the date of the submission of the 
preceding report under this subsection— 
(A) have been carried out as scheduled and otherwise in 
accordance with the test plan; and 
(B) whether, in the case of each such test, the test was 
successful, partially successful, or unsuccessful. 
(2) The Secretary shall include in each such report an assessment 
of the capability of the B-IB aircraft to meet— 
(A) performance objectives; 
(B) technical and fiscal objectives; and 
(C) significant test milestones. 
(3) The first such bimonthly report shall be submitted February 1, 
1990. The requirement for the submission of such reports shall cease 
to apply when the test program required by this section is 
completed. 
(e) INDEPENDENT ASSESSMENT BY OUTSIDE PANEL.—(1) Following 
completion of the test program under subsection Ot)Xl), the Secretary 
of Defense shall provide for an independent assessment of the 
capabilities of the B-IB aircraft to penetrate air defenses of the 
Soviet Union. The Secretary shall appoint a panel of experts from 
the private sector to conduct the assessment and shall provide the 
panel with such resources as are necessary, including technic£d 
assistance by private contractors, to assist the panel in conducting 
the assessment. Individuals appointed to the panel shall be 
independent of the Air Force and shall have no arrangements with 
the Air Force that would constitute a conflict of interest. 
103 STAT. 1380 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) The panel— 
(A) shall assess the air defense capabilities of the test aircraft 
referred to in subsection (c) after they have been modified with 
the B-IB avionics modifications; and 
(B) on the basis of that sissessment, shall determine what the 
air defense penetration capabilities of the entire fleet of such 
aircraft would be in all of its mission profiles if every aircraft in 
the fleet were so modified. 
(3) The panel shall estimate the air defense penetration capabili-
ties of the B-IB aircraft against the threats described— 
(A) in the 1981 joint Office of the Secretary of Defense/Air 
Force Bomber Alternatives Study; 
(B) in the 1986 Strategic Bomber Force Study; and 
(C) in the most current threat baseline established by the 
intelligence community for estimated Soviet air defenses in the 
late 1990s. 
(4) The Secretary of Defense shall ensure that individuals serving 
on the panel receive the full cooperation of all components of the 
Department of Defense in carrying out the functions of the panel 
under this section. 
Reports. 
(5) The Secretary shall submit to the congressional defense 
committees the report of the panel not more than 180 days after the 
conclusion of the test program referred to in subsection Qy). 
(f) FUNDING OF B-IB AVIONICS MODIFICATIONS.—(1) Subject to the 
limitation in paragraph (2), the Secretary may use expired or lapsed 
funds— 
(A) to carry out the B-IB avionics modifications and the 
: testing program established in subsections (b) and (c); and 
(B) upon completion of such testing program, to carry out the 
B-IB avionics modifications on the remainder of the unmodified 
B-IB aircraft. 
(2) The amount of expired or lapsed funds used for any purpose 
related to development, procurement, modification, or repair of B-
IB aircraft (including such amounts of expired or lapsed funds as 
have been applied to the B-IB program before the enactment of this 
Act) may not exceed $527,100,000. 
(3) The use of expired or lapsed funds for the purposes described in 
paragraph (1) is subject to section 2782 of title 10, United States 
Code (sis added by section 1603 of this Act). 
(4) Funds for the B-IB recovery program for purposes other thsm 
those stated in paragraph (1), or for such purposes but in excess of 
the limitation under paragraph (3), may be provided only by law 
through the authorization and appropriation process. 
(5) For purposes of this subsection, the term "expired or lapsed 
funds" means funds previously appropriated to the Air Force the 
availability of which for obligation has expired or lapsed. 
(g) ACCESS BY GAO.—(1) The Secretary of Defense shall ensure 
that the General Accounting Office has full, direct, and timely 
access to the documentation relating to the recovery program 
(including test data and results). 
(2) The ClomptroUer General of the United States shall actively 
monitor the recovery program and shall provide periodic reports to 
the congressional defense committees on the status and effectiveness 
of the program. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1381 
SEC. 122. ADVANCED CRUISE MISSILE PROGRAM 
Funds appropriated or otherwise made available to the Air Force 
for fiscal year 1990 may not be obligated or expended for procure-
ment of missiles under the Advanced Cruise Missile program until— 
(1) there have been at least 10 successful developmental test 
flights of the Advanced Cruise Missile; and 
(2) the Secretary of Defense certifies to the congressional 
defense committees that since June 1, 1989, a minimum of four 
flight tests of the Advanced Cruise Missile have been conducted 
and that, of those tests, the percentage which were successful is 
significantly greater than 50 percent. 
SEC. 123. CAP ON NUMBER OF MX MISSILES THAT MAY BE DEPLOYED 
The number of MX missiles deployed at any time may not exceed 
50. 
SEC. 124. REFERENCE TO LIMITATION ON OBLIGATION OF FUNDS FOR MX 
RAIL GARRISON PROGRAM 
Limitations with respect to the obligation of funds for advance 
procurement of long-lead items and initial spare parts for the MX 
Rail Garrison program are set forth in section 231. 
PART D—PROGRAM TERMINATIONS 
SEC. 131. F-14 AIRCRAFT PROGRAM 
(a) IN GENERAL.—(1) The Secretary of Defense shall terminate new 
production of F-14 aircraft in accordance with this section. 
(2) Except as provided in subsection O
t
>
)
, funds appropriated or 
otherwise made available to the Department of Defense pursusmt to 
this or any other Act may not be obligated for the procurement of F-
14 aircraft. 
Oi) EXCEPTIONS.—(1) Subject to subsection (c), the prohibition in 
subsection (aX2) does not apply to— 
(A) the modification of, or the acquisition of spare or repair 
parts for, F-14 aircraft described in paragraph (2); 
(B) completion of the new production aircraft described in 
paragraph (2XB); and 
(C) the obligation of not more than $1,175,336,000 from funds 
made available pursuant to section 102(a) for the procurement 
of not more than 18 new production F-14 aircraft and for 
payment of costs necessary to terminate the F-14 aircrsuft 
program. 
(2) The F-14 aircraft referred to in paragraph (IXA) are— 
(A) F-14 aircraft acquired by the Navy on or before the date 
of enactment of this Act; 
(B) F-14 new production aircraft for which funds, other than 
funds for the procurement of long lead items and other advance 
procurement, were obligated before the date of enactment of 
this Act and which are delivered to the Navy on or after that 
date; and 
^ 
(C) eighteen F-14 new production aircraft for which funds are 
.
^ 
available pursuant to section 102(a). 
(c) CONTRACT PROVISIONS.—(1) Funds appropriated or otherwise 
made available to the Department of Defense under this or any 
other Act may not be obligated for modification of, or the acquisition 
of spare or repair parts for, the F-14 aircraft until the Secretary of 
Defense certifies to the congressional defense committees that the 
103 STAT. 1382 
PUBLIC LAW 101-189—NOV. 29, 1989 
Navy and the prime contractor have entered into a contract that 
includes a specific prohibition on the use of any funds made avail-
able under the contract for new production of any aircraft other 
than new production aircraft refenred to in subparagraph (B) or (Q) 
of subsection (bX2). 
(2) Funds referred to in paragraph (1) may not be obligated for F-
14 new production aircraft untU the Secretary of Defense certifies to 
the congressional defense committees that the Navy and the prime 
contractor have entered into a contract that includes the following 
provisions: 
(A) A provision for the termination of the F-14 program and a 
provision providing that all termination activities be completed 
according to a schedule specified in the contract. 
(B) A specific prohibition on the use of funds made available 
under the contract for new production of any aircraft other 
V K
, than new production aircraft referred to in subparagraphs (B) 
and (Q of subsection (bX2). 
(C) A provision providing that each aspect of the F-14 new 
production aircraft program be terminated as soon as the Navy 
determines that continuation of that aspect of the pn^ram is no 
longer necessary for— 
(i) completion of new production aircraft referred to in 
subparagraphs (B) and (Q of subsection (bX2); or 
(ii) modification of, or production of spare or repair parts 
for, the F-14 aircraft. 
(D) A provision providing that the termination schedule 
specifically require tilie prime contractor to disassemble, trans-
^ fer to the United States, or otherwise dispose of all special 
tooling, test equipment, and technical data of the prime contrac-
^ tor and subcontractors relating to the F-14 aircraft, except for 
such items as are determined by the Navy to be necessary for 
the modification or operation and maintenance of F-14 aiiicraft 
referred to in subsection (b). 
(E) A provision providing that all termination activities are to 
be completed not later than the date of delivery to the Navy of 
the last new production aircraft r^erred to in subsection 
(bXlXO. 
SEC. 132. AH-64 HELICOPTER PROGRAM 
(a) IN GENERAL.—(1) The Secretary of Defense shall terminate new 
production of AH-64 aircraft in accordance with this section. 
(2) Except as provided in subsection (b), funds appropriated or 
otherwise made available to the Department of Defense pursuant to 
this or any other Act may not be obligated for the procurement of 
AH-64 aircraft. 
(b) EixcEPnoNS.—(1) The prohibition in subsection (aX2) does not 
apply to— 
(A) the modification of, or the acquisition of spare or repair 
parts for, AH-64 aircraft described in paragraph (2); 
(B) completion of the new production aircraft described in 
paragraph (2)^); and 
(C) the obligation of not more than $1,487,527,000 firom funds 
made available for fiscal years 1990 and 1991 for not more than 
132 new production AH-64 aircraft and for payment of costs 
necessary to terminate the AH-64 aircraft program. 
(2) The AH-64 aircraft referred to in paragraph (IXA) are— 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1383 
(A) AH-64 aircraft acquired by the Army on or before the 
date of enactment of this Act; 
(B) AH-64 new production aircraft for which funds, other 
than funds for the procurement of long lead items and other 
advance procurement, were obligated before the date of enact-
ment of this Act and which are delivered to the Army on or 
after that date; and 
(Q 132 new production AH-64 aircraft for which funds are 
available in accordance with subsection (bXlXQ* 
SEC 133. AHIP SCOUT AIRCRAFT PROGRAM 
(a) IN GENERAL.—(1) The Secretary of Defense shall terminate the 
AHIP Scout aircraft program in accordance with this section. 
(2) Except as provided in subsection (b), funds appropriated or 
otherwise made avail£j>le to the Department of Etefense pursuant to 
this or any other Act may not be obligated for the procurement of 
AHIP Scout aircraft (OH-58 aircraft modified into the configuration 
specified in the Army Helicopter Improvement Program described 
in the Selected Acquisition Report, dated December 31, 1988, relat-
ing to the OH-58 helicopter). 
(b) EXCEPTIONS.—(1) Subject to subsection (c), the prohibition in 
subsection (aX2) does not apply to— 
(A) the modification of, or the acquisition of spare or repair 
parts for, AHIP Scout aircraft described in paragraph (2); 
(B) completion of the installation of AHIP modification kits in 
the AHCP Scout aircraft described in paragraph (2XB); and 
(O the obligation of not more than $195,000,000 from funds 
made available pursuant to section 101(a) for the procurement 
and installation of AHIP modification kits in not more than 36 
AHIP Scout aircraft and for payment of costs necessary to 
terminate the AHEP Scout aircraft program. 
(2) The AHLP Scout aircraft referred to in paragraph (IXA) are— 
(A) AHIP Scout aircraft acquired by the .^^-my on or before 
the date of enactment of this Act; 
(B) AHIP Scout aircraft for which funds, other than funds for 
the procurement of long lead items and other advance procure-
ment, were obligated before the date of enactment of this Act 
and which are delivered to the Army on or after that date; and 
(Q 36 AHIP Scout aircraft for which funds are available in 
accordance with subsection O^XIXO. 
fSEC 134. F-15E AIRCRAFT PROGRAM 
(a) IN GENERAL.—(1) The Secretary of Defense shall terminate new 
production of F-15E aircraft in accordance with this section. 
(2) Except as provided in subsection 0)), funds appropriated or 
otherwise made available to the Department of Defense pursuant to 
this or any other Act may not be obligated for the procure-
ment of F-15E aircraft. 
(b) EXCEPTIONS.—(1) The prohibition in subsection (a) does not 
apply to the obligation of funds for— 
(A) the completion of, the modification of, or the acquisition of 
spare or repair parts for, F-15E aircraft described in paragraph 
i (2); or 
(B) the payment of costs necessary to terminate the F-15E 
aircraft program. 
(2) The F-15E aircraft referred to in paragraph dXA) are F-15E 
aircraft— 
103 STAT. 1384 
PUBLIC LAW 101-189—NOV. 29, 1989 
(A) that are acquired by the Air Force before October 1, 1991; 
or 
(B) for which funds have been obligated for procurement 
before October 1, 1991, other than for the procurement of long 
lead items and other advance procurement. 
SEC. 135. M88A2 RECOVERY VEHICLE PROGRAM 
(a) IN GENERAL.—(1) The Secretary of Defense shall terminate new 
production of M88A2 recovery vehicles in accordance with this 
section. 
(2) Except as provided in subsection fla), funds appropriated or 
otherwise made available to the Department of Defense pursuant to 
this or any other Act may not be obligated for the procurement of 
M88A2 recovery vehicles. 
(b) EXCEPTIONS.—(1) The prohibition in subsection (a) does not 
apply to the obligation of funds for— 
(A) the completion of, the modification of, or the acquisition of 
spare or repair parts for, M88A2 recovery vehicles described in 
paragraph (2); or 
(B) the payment of costs necessary to terminate the M88A2 
recovery vehicle program. 
(2) The M88A2 recovery vehicles referred to in paragraph (IXA) 
are M88A2 recovery vehicles— 
(A) that were acquired by the Army before the date of enact-
<
; ment of this Act; or 
(B) for which funds have been obligated for procurement 
" before the date of the enactment of this Act, other than for the 
procurement of long lead items and other advance procurement. 
SEC. 136. RECONNAISSANCE AIRCRAFT PROGRAMS 
The Secretary of Defense shall terminate the SR-71 reconnais-
sance aircraft program and the classiHed airborne reconnaissance 
program as discussed in the classified annex to the joint statement 
of managers to accompany the conference report on H.R. 2461 of the 
One Hundred First Congress. 
SEC. 137. STATUTORY CONSTRUCTION 
. . 
* 
A provision of law enacted after the date of the enactment of this 
Act may not be construed as modifjring or superseding any provision 
of any of sections 131 through 136 unless that provision specifically 
refers to such section and specifically states that such provision of 
law modifies or supersedes such section. 
PART E—ARMY PROGRAMS 
* 
SEC. 141. M-l TANK PROGRAM 
(a) DETROIT ARMY TANK PLANT.—None of the funds appropriated 
for the Army for fiscal year 1990 may be obligated to begin the 
inactivation or deactivation of the Detroit Army Tank Plant. 
Reports. 
Qy) BLOCK II MODIFICATION PROGRAM.—Funds appropriated for the 
Army for fiscal year 1990 may not be obligated for long-lead items 
and nonrecurring costs for the Block II modification program for the 
M-l tank until the Secretary of the Army submits to the Commit-
tees on Armed Services of the Senate and House of Representatives 
a report with respect to the progfram as described in subsection (c). 
(c) REPORT ON BLOCK II PROGRAM.—A report under subsection Ot)) 
shall— 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1385 
(1) identify the total funding requirements for the Block II 
program; 
(2) assess the proposed modifications under the program in 
;,-• 
terms of the results of the live-fire testing; 
(3) describe operational implications of the weight increase for 
the M-1 tank under the proposed modifications; 
(4) identify decisions in the program that have an effect on 
the next generation tank; and 
(5) evaluate the overall cost effectiveness of the Block II 
modification program. 
SEC. 142. RESTRICTION ON FISCAL YEAR 1989 FUNDS FOR REFUELERS/ 
TANKERS 
Of the funds appropriated or otherwise made available to the 
Army for fiscal year 1989, not more than $29,000,000 may be avail-
able for purposes of procuring and installing 480 tanker/refueler 
kits on pallets for use by heavy trucks configured with the palletized 
loading system. 
SEC. 143. ARMY RECOVERY VEHICLE PROGRAM 
(a) TESTING.—The Secretary of the Army— 
(1) shall complete the technical and operational testing of the 
Army Improved Recovery Vehicle; and 
(2) shall study all potential modifications to the existing 
chassis for the M-88 vehicle to perform the mission for the 
Improved Recovery Vehicle. 
(b) CONDITIONS ON PRODUCTION DECISION.—The Secretary of the 
Army may not make a decision to enter into production during 
fiscal year 1990 or 1991 for a recovery vehicle for the Army untU 
each of the following occurs: 
(1) Operational testing of the vehicle to be produced is com-
pleted. 
(2) The Director of Operational Test and Evaluation certifies 
to the Secretary of the Army that the vehicle meets perform-
ance requirements of the Army. 
(3) The Secretary of the Army completes— 
(A) an analysis of the cost-effectiveness of the vehicle that 
supports the proposed production decision; and 
(B) an analysis of the cost-effectiveness of a service life 
extension program for the existing recovery vehicle. 
SEC. 144. REPEAL OF PROCUREMENT REQUIREMENT AND LIMITATION OF 
FUNDS FOR THE HEAVY EXPANDED MOBILITY TACTICAL 
TRUCK 
Section 129 of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1045) is 
repealed. 
SEC. 145. LIMITATION O
N MODIFICATIONS OF CERTAIN SPECIAL OPER-
ATIONS FORCES AIRCRAFT 
(a) LiBrOTATiON.—Funds appropriated for fiscal year 1990 for 
procurement of aircraft for the Army may not be obligated or 
expended for modifications for MH-60K and MH-47 helicopters 
until the Secretary of the Army certifies in writing to the congres-
sional defense committees that the cost of any modification, correc-
tion of deficiencies, or retrofit that is required for such aircraft to 
103 STAT. 1386 
PUBLIC LAW 101-189—NOV. 29, 1989 
meet established contract specifications and overall system perform-
ance requirements will not be borne by the Government. 
Reports. 
(b) WAIVER.—(1) If the Secretary is unable to make the certifi-
cation described in subsection (a), the Secretary shall submit to the 
congressional defense committees a report on the nature and extent 
of any prospective Government risk with respect to the costs of 
modifications, corrections, and deficiencies referred to in that 
subsection. In the report, the Secretary— 
(A) shall set forth the type and degree of risk with respect to 
the affected major subsystem of each of the two aircraft; and 
(B) shall specify the contractual agreements for any such 
areas of risk by affected major subsystem for each aircraft. 
(2) Upon the receipt of a report under paragraph (1), the limitation 
in subsection (a) shall cease to apply. 
SEC. 146. LIMITATION ON ACCEPTANCE OF DELIVERY OF STINGER 
MISSILES 
The Secretary of the Army may not accept delivery of Stinger 
missiles that do not conform to adl existing performance require-
ments unless the Secretary certifies in writing to the congressional 
defense committees that the contractor is contractually responsible 
to modify or retrofit delivered missiles in order to meet all perform-
ance specifications existing as of the time of delivery at no cost to 
the Government. 
SEC. 147. M109 HOWITZER IMPROVEMENT PROGRAM 
The Secretary of the Army may not obligate fiscal year 1990 funds 
for the M109 Howitzer Improvement Program until— 
(1) the Secretary certifies to the congressional defense 
committees that the Army Acquisition Executive has approved 
• / 
the baseline acquisition program for the Howitzer Improvement 
Program that is consistent with the current five-year defense 
program; 
Reports. 
(2) the Secretary submits that baseline report to Congress; 
and 
Reports. 
(3) the Secretary submits to the committees a report on a 
i 
design for a follow-on operational test of the howitzer and the 
degree to which the operational and organizational concept for 
the howitzer will be validated by that test. 
SEC. 148. EQUAL EMPLOYMENT OPPORTUNITIES RELATING TO AN ARMY 
CONTRACT 
Funds appropriated for procurement of aircraft for the Army for 
fiscal year 1990 may not be obligated for the procurement of C-23 
Sherpa aircraft unless the Secretary of the Army secures a commit-
ment from the contractor that it will support equal employment 
opportunities in its employment practices for all individuals 
irrespective of race, color, religion, sex, or national origin. 
PART F—NAVY PRCXJRAMS 
SEC. 151. LIMITATION ON PROCUREMENT OF V-22 OSPREY AIRCRAFT 
(a) PROHIBITION.—None of the funds appropriated for fiscal year 
1990 or otherwise made available to the Department of Defense for 
fiscal year 1990 pursuant to this Act or any Act enacted after this 
Act may be obligated for procurement of V-22 aircraft. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1387 
(b) STATUTORY CONSTRUCTION.—A provision of law enacted after 
the date of the enactment of this Act may not be construed as 
modifying or superseding any provision of this section unless that 
provision specifically refers to such section and specifically states 
that such provision of law modifies or supersedes such section. 
SEC. 152. PRESERVATION OF DUAL-SOURCE PRODUCTION BASE FOR 
STANDARD MISSILE II 
The Secretary of the Navy shall carry out the fiscal year 1990 
acquisition for the Standard Missile II so as to preserve the existing 
dual-source production base for that missile. 
SEC. 153. ANNUAL REPORT ON NAVY AIRCRAFT REQUIREMENTS 
(a) ANNUAL REPORT REQUIREMENT.—(1) Chapter 635 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
"§ 7345. Navy aircraft requirements: annual report 
"(a) Not later than September 1 of each year, the Secretary of the 
Navy shall submit to the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of Rep-
resentatives a report addressing the current and projected aircraft 
requirements of the Navy and the plans of the Navy for aircraft 
acquisition and modernization. 
' 0)) Each such report shall cover at least the next 10 years and 
shall specify the following: 
'(1) The number of aircraft, by tjrpe, required to fully equip 
the current and projected force structure of the Navy and the 
Marine Corps. 
"(2) The current and projected inventory of each type of 
aircraft. 
"(3) The current average age of (A) all Navy and Marine 
Corps aircraft, (B) all Navy and Marine Corps combat aircraft, 
and iO all carrier-based combat aircraft. 
"(4) A list of planned and programmed aircraft acquisition 
programs and major aircraft modernization programs, specify-
ing (A) the approximate numbers of aircraft involved in each 
program, (B) the estimated fiscal year in which each program 
will begin and end, and (C) the estimated total cost for each 
program.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"7345. Navy aircraft requirements: annual report.". 
(b) INITIAL REPORT.—Not later than February 1, 1990, the Sec- 
10 USC 7345 
retary of the Navy shall submit to the congressional defense 
note. 
committees a report containing the information specified in section 
7345 of title 10, United States Code, as added by subsection (a). 
SEC. 154. FAST SEALIFT SHIP PROGRAM 
(a) PROGRAM.—The Secretary of Defense is authorized to establish 
a fast sealift ship program. 
Q}) REPORT.—The Secretary of the Navy may not obligate funds for 
procurement of ships for the fast sealift ship program until 30 days 
after the date on which the Secretary submits to the Committees on 
Armed Services of the Senate and House of Representatives a 
comprehensive report on the design characteristics for those ships. 
The report shall describe in detail the multimission capability of the 
103 STAT. 1388 
PUBLIC LAW 101-189—NOV. 29, 1989 
ships and shall specify the operational concept for the use of those 
ships in contingencies requiring sealift and in routine fleet 
operations. 
SEC. 155. TRANSFER OF A-6 AIRCRAFT TO THE NAVY 
The Secretary of the Navy shall transfer all Marine Corps A-6 
Intruder aircraft from the Marine Corps to the Navy not later than 
September 30,1994. 
SEC. 156. REPORT REGARDING TRIDENT SUBMARINE CONSTRUCTION 
RATE 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a written report, in both a classified and unclassi-
fied version, evaluating the practicality and desirability of reducing 
the rate at which Trident submarines are procured. 
0>) PREPARATION AND CONTENT.—In preparing the report required 
by subsection (a), the Secretary shall consider alternative construc-
tion rates for the Trident submarine, each of which shall provide for 
a construction rate slower than one ship per year. The Secretary 
shall include in the report with respect to each such alternative 
rate— 
(1) an evaluation of the effect of the alternative rate on— 
(A) the availability and capability of the Trident sub-
marine to perform the mission assigned to it; and 
(B) the level and stability of the work force in the naval 
shipbuilding industry; and 
(2) a discussion of the practicality and desirability of accel-
erating the procurement of other vessels for the Navy with 
funds saved by using the alternative rate. 
(c) TIME FOR SUBMISSION.—The report required by subsection (a) 
shall be submitted concurrently with the submission of the budget 
for fiscal year 1991 to Congress pursuant to section 1105 of title 31, 
United States Code. 
PART G—NONSTRATEGIC AIR FORCE PROGRAMS 
SEC. 161. MC-130H (COMBAT TALON) AIRCRAFT PROGRAM 
(a) REQUIRED CERTIFICATION.—Funds appropriated pursuant to 
this Act may not be obligated for the pajrment of an award fee 
and the procurement of contractor-furnished equipment for the 
MC-130H Combat Talon aircraft until the Director of Operational 
Test and Evaluation determines (and certiftes under subsection (c)) 
that the results of qualification test and evaluation and of qualifica-
tion operational test and evaluation demonstrate that such aircraft 
is capable of performing terrain following/terrain avoidance flight 
profiles as prescribed in the approved test and evaluation master 
plan for the Combat Talon II program dated September 1988. 
0>) LIMITATION ON PRODUCTION OPTION FOR AVIONICS INTEGRA-
TION.—If the certification under subsection (a) is made after April 
30, 1990, the Secretary of the Air Force may not incur any costs to 
the Government when the Secretary executes the production option 
for avionics integration for the MC-130H program for fiscal year 
1990 in excess of the costs that the Secretary would have incurred 
for such purpose in April 1990. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1389 
(c) SUBMISSION OF CERTIFICATION.—A certification under subsec-
tion (a) shall be submitted in writing to the congressional defense 
committees. 
SEC. 162. AC-130U GUNSHIP PROGRAM 
No funds may be obligated after the date of the enactment of this 
Act for procurement of AC-130U Gunship aircraft until the Sec-
retary of the Air Force certifies in writing to the congressional 
defense committees that the cost of any modification, correction of 
deficiencies, or retrofit that is required to address and to meet 
established contract specifications and performance requirements 
for AC-130U Gunship aircraft procured using funds appropriated 
for the Department of Defense for fiscal year 1988 or fiscal year 1989 
will be borne by the prime contractor or an appropriate 
subcontractor. 
SEC. 163. AMRAAM MISSILE PROGRAM 
(a) LIMITATION ON FUNDING.—No funds may be obligated to under-
take full-rate production of the Advanced Medium-Range Air-to-Air 
(AMRAAM) missile until the Director of Operational Test and 
Evaluation (pursuant to section 138 of title 10, United States Ckxle) 
certifies to the congressional defense committees that— 
(1) all required testing for making the decision to proceed to 
full-rate production (as prescribed pursuant to the June 16, 1987 
Department of Defense-approved AMRAAM Test and Evalua-
tion Master Plan) has been conducted; and 
(2) the results of that testing demonstrate that (A) the 
AMRAAM missile has met all established performance require-
ments, and (B) stable missile production design and configura-
tion (including its software) have been established. 
(b) FULL-RATE PRODUCTION DEFINED.—For purposes of subsection 
(a), full-rate production of the AMRAAM missile is production of 
that missile at a rate that exceeds 900 production-configured mis-
siles per year. 
(c) PRESERVATION OF PRODUCTION CAPABILITY OF OTHER MISSILES.— 
During the period beginning on the date of the enactment of this 
Act and ending on the date on which the certification required by 
subsection (a) is made, the Secretary of Defense shall ensure that 
production capability for the AIM-7F/M Sparrow and the AIM-
9L/M Sidewinder missiles is maintained. 
SEC. 164. OVER-THE-HORIZON BACKSCAITER RADAR 
(a) REQUIREMENTS.—None of the funds appropriated or otherwise 
made available to the Air Force for fiscal year 1990 may be obligated 
for acquisition of land for the Central System of the Over-the-
Horizon Backscatter (OTH-B) radar program. 
(b) ALASKAN SYSTEM.—(1) With respect to acquisition of that 
portion of the OTH-B radar program known as the Alaskan System, 
the Secretary of the Air Force— 
(A) shall enter into a type of contract known as a "fixed-price 
incentive (firm target) contract" or a "fixed-price incentive 
(successive target) contract" (or a similar type of contract that 
encourages maximum cost reduction) for the first sector of the 
S3^tem with funds appropriated for fiscal years 1989 and 1990; 
and 
^w. 
(B) shall include in that contract a priced option for the 
second sector of such system. 
103 STAT. 1390 
PUBLIC LAW 101-189—NOV. 29, 1989 
Communica-
tions and 
telecommuni-
cations. 
Reports. 
(2) The total value of the ceiling price of that contract for the first 
and second sectors of that system may not exceed $530,000,000. 
(3) The contract entered into pursuant to paragraph (1) shall 
provide for all of the prime-mission equipment, software, construc-
tion, site activation activities, and required system capabilities for 
that system. 
(c) REPORT BY THE SECRETARY OF DEFENSE.—No funds may be 
obligated for the Alaskan System referred to in subsection (b) until 
the Secretary of Defense submits to the congressional defense 
committees a report on the results of development test and evalua-
tion of the East Coast System, including the results of integrated 
three-sector tests. 
(d) REPORT BY DIRECTOR OF OT&E.—The Director of Operational 
Test and Evaluation of the Department of Defense shall submit to 
the congressional defense committees a report certifying whether 
the test results of the integrated initial operational evaluation 
conducted with the three EJast Coast System sectors of the OTH-B 
radar system demonstrate that the East Coast System sectors meet 
all contract requirements and performance specifications relevant 
to operational test and evaluation, including any specifications for 
the system relating to small target detection capability. The report 
shall be submitted not later than September 1,1990. 
SEC. 165. MILSTAR PROGRAM 
(a) INFORMATION TO BE SUBMITTED TO CONGRESS.—Not later than 
180 da3rs after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees the 
following with respect to the Military Satellite and Terminal Relay 
(MILSTAR) system: 
(1) A Selected Acquisition Report on the total program. 
(2) A comprehensive master plan for the MILSTAR program 
setting forth— 
(A) the MILSTAR program requirements; 
(B) the Department of Defense acquisition strategy for 
the program; and 
(C) Department of Defense plans relating to program 
execution, program schedule, program management, and 
program architecture. 
(3) An analysis of the feasibility of establishing a cost sharing 
plan among all potential users of the MILSTAR system. 
(b) LIMITATION ON PROCEEDING WITH PROGRAM.—(1) Funds appro-
priated or otherwise available to the Department of Defense may 
not be obligated for the MILSTAR program after April 1, 1990, 
unless the Secretary of Defense certifies to the congressional defense 
committees that the Department of Defense has complied with all 
conditions for the MILSTAR program specified in the classified 
annex to the joint statement of managers accompanying the con-
ference report on the bill H.R. 2461 of the Hundred First Congress. 
(2) Until the congressional defense committees receive all of the 
matters referred to in subsection (a), the Secretary of Defense may 
not obligate more than 75 percent of the funds appropriated pursu-
ant to this Act for the MILSTAR program (other than for satellite 
communications ship terminals, satellite communications shore 
terminals, and extremely high frequency satellite communications). 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1391 
SEC. 166. LIMITATION ON FUNDS FOR PROCUREMENT OF F-16 AIRCRAFT 
PENDING APPROVAL OF CERTAIN PLANS RESPECTING AIR-
LAND FIRE SUPPORT FOR GROUND COMBAT FORCES 
(a) LIMITATION ON EXPENDITURES FOR F-16 AIRCRAFT.—If by April 1, Reports. 
1990, the Secretary of Defense does not submit to the congresssional 
defense committees a report in writing containing a certification 
described in subsection 0)), then after that date funds appropriated 
pursuant to this Act may not be expended for the procurement of F-16 
aircraft until such a report is submitted to those committees. 
0?) CERTIFICATION.—A certification referred to in subsection (a) is 
a certification by the Secretary of Defense of both of the following; 
(1) That the Director of Operational Test and Evaluation of 
the Department of Defense— 
(A) has approved a test plan for the evaluation of systems 
for providing air-land fire support for ground combat forces 
systems that is sufficiently flexible to allow for evaluation 
of any current system and any feasible future system for 
such purpose; and 
(B) has approved a test plan for the evaluation of both the 
upgrade program proposed for the F-16 aircraft and the 
upgrade program proposed for the A-10 aircraft for close 
air support (including night time operations). 
(2) That any fixed-wing aircraft operated after July 1,1990, at California. 
the National Training Center at Fort Irwin, California, will be 
fully integrated into the range instrumentation system to the 
same extent as attack helicopters. 
PART H—CHEMICAL MUNITIONS 
SEC. 171. RESTRICTION ON OBLIGATION OF FUNDS FOR PROCUREMENT 
OF BINARY CHEMICAL MUNITIONS 
(a) 155-MILUMETER BINARY CHEMICAL MUNITIONS.—None of the 
funds appropriated or otherwise made available for fiscal year 1990 
for procurement of ammunition for the Army may be used for 
production of 155-millimeter binary chemical munition M687 projec-
tiles until— 
(1) the Secretary of the Army submits to the congressional 
j ^ defense committees a certification described in subsection Oa); 
S» and 
(2) a period of two weeks elapses after the date on which such 
certification is received. 
0>) REQUIRED CERTIFICATION.—A certification by the Secretary of 
the Army under subsection (a) must state— 
(1) that, based on deliveries of M20 plastic, M20 steel, and 
.
^ 
M21 components of the M687 projectile accepted by the Govem-
'* ment from the incumbent contractor— 
(A) the incumbent contractor has demonstrated monthly 
delivery rates of those components sufficient to eliminate 
before October 1, 1990, the production backlog of all those 
components for the M687 rounds authorized for production 
for fiscal years 1986,1987, and 1988; 
'*"' ' 
(B) the components and rounds for which delivery has 
been accepted conform to the contract specifications at the 
''''- time that the Government entered into the contract; and 
103 STAT. 1392 
PUBLIC LAW 101-189—NOV. 29, 1989 
Arkansas. 
Reports. 
(C) the incumbent contractor has sustained 
those 
*
^ 
monthly dehvery rates for such components for a period of 
not less than three consecutive months; and 
(2) that the new production lines at Pine Bluff Arsenal, 
Arkansas, for the production of chemiceds for the M687 projec-
tile have been proven out and the Secretary of the Army has 
formally accepted the facility housing those production lines. 
(c) MONTHLY G A O REPORTS.—Not later than February 1,1990, and 
not later than the first day of each month thereafter, the Comptrol-
ler General of the United States shall submit to the congressional 
defense committees a report on the previous month's production 
rate for the M20 plastic, M20 steel, and M21 components of the 
M687 projectile and on the status of the production backlog for fiscal 
years 1986, 1987, and 1988 for those components. The Comptroller 
General shall continue submitting such reports until he certifies to 
those committees either that the production backlog for those 
components has been eliminated or that production of the compo-
nents has been terminated. 
(d) FINAL GAO CERTIFICATION.—Not later than two weeks after a 
certification is submitted under subsection (a), the Comptroller Gen-
eral of the United States shall submit to the congressional defense 
committees a report containing the Comptroller General's assess-
ment of whether the monthly delivery rates referred to in subsec-
tion 
flt>Xl) 
demonstrate that there are reasonable grounds to believe 
that the incumbent contractor will continue to deliver at those 
monthly rates in order to eliminate the backlog of deliveries by 
October 1,1990. 
(e) EXCEPTION FOR CERTAIN LONG-LEAD MATERIALS.—The limita-
tion in subsection (a) shall not apply with respect to the obligation of 
funds (not in excess of $2,000,000) for long-term lead materials to 
support procurement of plastics for cannister production for the 
M687 projectile. 
SEC. 172. CHEMICAL MUNITIONS EUROPEAN RETROGRADE PROGRAM 
(a) LIMITATIONS ON RETROGRADE PROGRAM.—The Secretary of De-
fense may not obligate any funds appropriated for fiscal year 1990 
for the purpose of carrying out the chemical munitions European 
retrograde program involving the withdrawal from Europe of chemi-
cal munitions until each of the following occurs: 
(1) The Secretary submits to the Committees on Armed 
Services of the Senate and House of Representatives a 
certification— 
(A) that an adequate United States binary chemical 
munitions stockpile will exist before any withdrawal of the 
existing stockpile from its present location in Europe is 
carried out; and 
(B) that the plan for such retrograde program is based 
on— 
(i) minimum technical risk; 
(ii) minimum operational risk; and 
(iii) maximum safety to the public. 
(2) The Secretary submits to those committees a revised con-
cept plan for such retrograde program that includes a descrip-
tion o
f
— 
(A) the full budgetary effect of the retrograde program; 
and 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1393 
(B) the potential efTect of the retrograde program on the 
chemical aemilitarization program. 
(b) LIMITATION ON TRANSFER OF FUNDS.—The Secretary of Defense 
may not transfer any funds from the chemical demilitarization 
emergency response program for the retrograde program referred to 
in suj^ection (a). 
SEC. 173. CHEMICAL DEMILITARIZATION CRYOFRACTURE PROGRAM 
(a) PROGRAM.—The Secretary of Defense, to the extent funds are Utah. 
available for the purpose, shall proceed as expeditiously as possible 
with the project to develop an operational cryofracture facility at 
the Tooele Army Depot, Utah. 
(b) USE OF FISCAL YEAR 1989 FUNDS.—Of the amount authorized 
and appropriated for fiscal year 1989 for the chemical demilitariza-
tion program, $16,300,000 shall be obligated immediately for contin-
ued research and development testing of the cryofracture program. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 
Science and 
E V A L U A T I O N 
technology. 
PART A—AUTHORIZATIONS 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS 
(a) FISCAL YEAR 1990.—Funds are hereby authorized to be appro-
priated for fiscal year 1990 for the use of the Armed Forces for 
research, development, test, and evaluation as follows: 
(1) For the Army, $5,666,210,000. 
(2) For the Navy, $9,901,897,000. 
(3) For the Air Force, $13,938,679,000. 
(4) For the Defense Agencies, $8,436,986,000, of which— 
(A) $211,200,000 is authorized for the activities of the 
Deputy Director, Defense Research and Engineering (Test 
and Evaluation); and 
(B) $67,085,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
(b) FISCAL YEAR 1991.—Funds are hereby authorized to be appro-
priated for fiscal year 1991 for the use of the Armed Forces for 
research, development, test, and evaluation as follows: 
^ 
(!) For the Army, $5,791,042,000. 
(2) For the Navy, $8,414,683,000. 
(3) For the Air Force, $11,305,240,000. 
(4) For the Defense Agencies, $4,264,161,000, of which— 
(A) $150,734,000 is authorized for the activities of the 
Deputy Director, Defense Research and Engineering (Test 
and Evaluation); and 
J 
(B) $25,834,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
SEC. 202. AMOUNTS FOR BASIC RESEARCH AND EXPLORATORY DEVEL-
OPMENT FOR FISCAL YEARS 1990 AND 1991 
(a) FISCAL YEAR 1990.—Of the amounts authorized to be appro-
priated pursuant to section 201 for fiscal year 1990, $3,510,196,000 
shall be available for basic research and exploratory development 
projects. 
(b) FISCAL YEAR 1991.—Of the amounts appropriated pursuant to 
section 201 for fiscal year 1991, $3,770,000,000, shall be available for 
basic research and exploratory development projects. 
103 STAT. 1394 
PUBLIC LAW 101-189—NOV. 29, 1989 
(c) BASIC RESEARCH AND EXPLORATORY DEVELOPMENT DEFINED.— 
For purposes of this section, the term "basic research and explor-
atory development" means work funded in program elements for 
defense research and development under Department of Defense 
category 6.1 or 6.2. 
SEC. 203. AMOUNTS FOR IMPROVED INFANTRY EQUIPMENT 
Of the amounts authorized to be appropriated pursuant to section 
201 for fiscal year 1990, amounts shall be available to incresise the 
effectiveness of small infantry units through the development of 
improved weapons and equipment as follows: 
For the Army, $18,000,000. 
For the Marine Corps, $12,000,000. 
PART B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS 
SEC. 211. BALANCED TECHNOLOGY INITIATIVE 
(a) AMOUNTS AUTHORIZED.—Of the amounts authorized to be 
appropriated 
pursuant to section 201 for fiscal year 1990, 
$238,082,000 shall be available for research and development under 
the Balanced Technology Initiative program. 
(b) DETERMINATION OF SOURCE OF FUNDS.—The Secretary of De-
fense shall determine the amount of funds appropriated to the 
Army, Navy, Air Force, and Defense Agencies pursuant to section 
201 for fiscal year 1990 that are to be allocated for the Balanced 
Technology Initiative. 
(c) PROHIBITION REGARDING UNDISTRIBUTED REDUCTIONS.—No por-
tion of any undistributed reduction (under this Act or any other Act) 
may be applied against the funds specified in subsection (a) or 
against any funds made available for the Balanced Technology 
Initiative for fiscal year 1990 that are in addition to the amount 
specified in subsection (a). 
(d) PROHIBITION ON USE OF FUNDS FOR SDI.—None of the funds 
made available for the Balanced Technology Initiative by subsection 
(a) may be used in connection with any program, project, or activity 
in support of the Strategic Defense Initiative. 
(e) ANNUAL REPORT.—Not later than March 15 of each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the Balanced Technology Initiative and 
related matters. Each such report shall include the following: 
(1) A current assessment of the extent to which advanced 
technologies can be used to exploit potential vulnerabilities of 
hostile threats to the national security of the United States. 
(2) Identification of each program, project, and activity being 
pursued under the Balanced Technology Initiative and, with 
respect to each such program, project, and activity, the amount 
made available pursuant to this section and the source of such 
amount. 
(3) For each program, project, and activity for which funds are 
made available pursuant to this section, a five-year funding 
plan that (A) provides for the allocation of sufficient resources 
to maintain adequate progress in research and development 
under such program, project, or activity, and (B) specifies the 
major programmatic and technical milestones and the schedule 
for achieving those milestones. 
(4) The status of each program, project, and activity being 
pursued under the Balanced Technology Initiative. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1395 
(5) Identification of other on-going or potential research and 
development prc^ams, projects, and activities not currently 
provided for under this section that should be considered for 
inclusion under the Balanced Technology Initiative in order to 
improve conventional defense capabilities. 
(6) Identification of the mwt critical technologies for the 
successful development of existing or potential Balanced Tech-
nology Initiative prc^rams, projects, and activities and an 
assessment of the current status of those technologies. 
SEC. 212. INTEGRATED ELECTRIC DRIVE PROGRAM 
(a) INTEGRATED ELECTRIC DRIVE PROGRAM.—The Secretary of 
the 
Navy is authorized to establish an Integrated Electric Drive pro-
gram by merging the Ship Propulsion System program and the 
Shipbo^xl System Ck)mponent prc^am with the Electric Drive 
pr<^ram for the purpose of providing Integrated Electric Drive 
propulsion in the DDGr-51 guided missile destroyer program. 
(b) FUNDING.—Of the amount authorized to be appropriated 
pursuant to section 201 for the Navy for fiscal year 1990, $36,064,000 
shall be available for the Int^rated Electric Drive prc^am, 
SEC. 213. FAST SEALIFT TECHNOLOGY DEVELOPMENT PROGRAM 
(a) NEW PROGRAM.—The Secretary of the Navy is authorized to 
establish a Fast Sealift Technology Development program for the 
purposes of completing, within 24 months after the date of the 
enactment of this Act, the technology development program de-
scribed in the January 1989 report of the Secretary to Congress 
entitled "Fast Sealift Pr(^ram Technology Assessment Report". 
O
o
) FUNDING.—Of the amount authorized to be appropriated 
pursuant to section 201 for the Navy for fiscal year 1990, $15,000,000 
shall be available for the Fast Sealift Technology Development 
program. 
SEC. 214. TACTICAL OCEANOGRAPHY PROGRAM 
(a) NEW PROGRAM.—The Secretary of the Navy is authorized to 
establish a Tactical Oceanography program to accelerate uses of 
scientific measurement and data collection devices and processes 
for the purpose of rapid tactical applications. 
(b) FUNDING.—Of the amount authorized to be appropriated 
pursuant to section 201 for the Navy for fiscal year 1990, $3,000,000 
shall be available for the Tactical Oceanography program. 
SEC. 215. GRANT FOR SEMICONDUCTOR COOPERATIVE RESEARCH PRO-
GRAM 
Of the amount authorized to be appropriated pursuant to section 
201(a) for fiscal year 1990 for Defense Agencies, $100,000,000 shall be 
available to make grants under section 272 of the National Defense 
Authorization Act for Fiscal Years 1988 and 1989 (Public Law 
100-180; 15 U.S.C. 4602). 
SEC. 216. ARMY HEAVY FORCE MODERNIZATION PROGRAM 
(a) FUNDING.—Of the amount authorized to be appropriated 
pursuant to section 201 for the Army for fiscal year 1990, 
$58,000,000 shall be available to the Secretary of the Army for 
competitive development of Advanced Technology Transition Dem-
onstrators (ATTDs) for a common chassis for the Heavy Force 
Modernization program of the Army. 
103 STAT. 1396 
PUBLIC LAW 101-189—NOV. 29, 1989 
(b) LIMITATION ON USE OF FUNDING.—No funds may be obligated 
for such competitive development until— 
(1) the Milestone I decision to proceed with demonstration and 
validation for the Heavy Force Modernization program is made 
by the appropriate official of the Department of Defense (upon 
consideration of the recommendation of the Defense Acquisition 
Board for that program) and such decision includes proceeding 
with development of Advanced Technology Transition Dem-
onstrators for the common chassis for that profi^am; and 
Imports- 
(2) after such decision, the Secretary of Defense submits to the 
Committees on Armed Services of the Senate and House of 
Representatives a report described in subsection (c). 
(c) REPORT.—The report referred to in subsection (b)(2) is a report 
by the Secretary of Defense containing the following: 
(1) A description of the decisions referred to in subsection 
(b)(1), including a description of the demonstration and valida-
tion program approved. 
(2) An updated Interagency Intelligence Memorandum provid-
ing current estimates (prepared within the 12 months preceding 
the date of the report) for production, and for operational 
capabilities, of future tanks of the Soviet Union. 
(3) Detailed cost estimates and schedules for research, devel-
;
H opment, test, and evaluation, and for procurement, for all pro-
*• grams expected to use the common chassis to be selected pursu-
ant to the competitive development under subsection (a) and 
explanations for the order in which those programs are to 
proceed through research, development, test, and evaluation 
and procurement. 
(4) A description of the criteria to be used by the Secretary of 
* Defense in determining whether— 
(A) to proceed with a new tank program (for replacement 
of the Ml tank) using the common chassis to be selected 
pursuant to the competitive development under subsection 
(a); or 
(B) to produce an Ml 
A3 tank. 
(5) liie results of the review conducted under subsection (d). 
(d) REVIEW OF ENGINE ACQUISITION PLAN.—(1) The Secretary of 
Defense, acting through an appropriate official of the Office of the 
Secretary of Defense designated by the Secretary, shall conduct a 
detailed review of the acquisition plan of the Department of the 
Army for the engine to be acquired for the common chassis to be 
selected pursuant to the competitive development under subsection 
(a). 
(2) The review of such plan shall include a review of— 
(A) the Transverse Mounted Engine Propulsion System; 
(B) the Advanced Integrated Propulsion System; and 
(C) derivatives of commercially developed engine systems. 
(3) The review should determine— 
(A) whether the schedule for development of the Advanced 
Technology Transition Demonstrator for the common chassis is 
consistent with the availability of engines; and 
(B) whether such acquisition plan provides for the maximum 
competition between all alternatives. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1397 
SEC. 217. JOINT RESEARCH PROJECT ON MAGNETOENCEPHALOGRAPHY 
(MEG) AND NEUROMAGNETISM 
Of the amounts appropriated pursuant to section 201 for fiscal 
year 1990, $250,000 may be used for the joint research project of the 
Department of the Army and the Department of Energy on 
magnetoencephalography (MEG) and neuromagnetism. 
SEC 218. V-22 OSPREY AIRCRAFT PROGRAM 
Of the amoimt appropriated pursuant to section 201(a) or other-
wise made available to the Navy for fiscal year 1990, not more than 
$255,000,000 may be obligated for research, development, test, and 
evaluation in connection with the V-22 aircraft program. 
SEC. 219. BIODEGRADABLE MATERIALS RESEARCH 
Of the amount appropriated pursuant to section 201 for the Army 
for fiscal year 1990, not more than $100,000 may be obligated for the 
purpose of continuing the research into the potential use of bio-
d^radable materials in ration packaging designs. The Army Natick 
Research, Development, and Engineering Oenter shall be the 
responsible agency for such research. 
PART C—STRATEGIC DEFENSE INITIATIVE 
SEC 221. FUNDING FOR THE STRATEGIC DEFENSE INITIATIVE FOR 
FISCAL YEAR 1990 
(a) AMOUNT AUTHORIZED.—Of the amounts appropriated pursuant 
to section 201 for fiscal year 1990 or otherwise made available to the 
Department of Defense for research, development, test, and evalua-
tion for fiscal year 1990, not more than $3,573,202,000 may be 
obligated for the S t r a t ^ c Defense Initiative. 
(b) MANAGEMENT HEADQUARTERS SUPPORT.—Of the amount avail-
able for the Strategic Defense Initiative pursuant to subsection (a), 
not more than $23,000,000 shall be available for Management Head-
quarters Support. 
(c) FUNDS FOR SUPPORT OF MEDICAL FREE ELECTRON LASER PRO-
GRAM.—Of the amoimts appropriated for fiscal years 1990 and 1991 
that are available for the Strategic Defense Initiative, not more than 
$20,000,000 of that amount for each such year may be used to 
support the medical free electron laser program. 
SEC. 222. REPORT ON ALLOCATION OF FISCAL YEAR 1990 SDI FUNDING 
(a) REPORT.—The Secretary of Defense shall submit to the congres-
sional defense committees a report on the allocation of funds appro-
priated for the Strategic Defense Initiative for fiscal year 1990. The 
report shall specify the amount of such funds allocated for each 
program, project, or activity of the Strategic Defense Initiative. 
(b) DEADLINE FOR REPORT.—The report required by subsection (a) 
shall be submitted not later than 90 days after the date of the 
enactment of legislation appropriating funds for the Strategic De-
fense Initiative for fiscal year 1990. 
SEC. 223. LIMITATION ON DEVELOPMENT AND TESTING OF ANTIBALLIS-
TIC MISSILE SYSTEMS OR COMPONENTS 
(a) USE OF FUNDS.—(1) Fimds appropriated or otherwise made 
available to the Department of Defense for fiscal year 1990, or any 
fiscal year before 1990, shall be subject to the limitations prescribed 
in paragraph (2). 
103 STAT. 1398 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) Funds described in paragraph (1) may not be obligated or 
expended— 
(A) for the development or testing of any antiballistic missile 
.; system or component, except for development and testing 
consistent with the development and testing described in the 
1989 SDIO Report; or 
(B) for the acquisition of any material or equipment (includ-
ing any long lead materials, components, piece pculs, test equip-
ment, or any modified space launch vehicle) required or to be 
used for the development or testing of antiballistic missile 
systems or components, except for material or equipment re-
quired for development or testing consistent with the develop-
ment and testing described in the 1989 SDIO Report.. 
(3) The limitation in paragraph (2) shall not apply to funds 
transferred to or for the use of the Strategic Defense Initiative for 
fiscal year 1990 if the transfer is made in accordance with section 
1601 of this Act. 
(b) DEFINITION.—As used in this section, the term "1989 SDIO 
Report" means the report entitled, "1989 Report to Congress on the 
Strategic Defense Initiative," dated January 19, 1989, prepared by 
the Strategic Defense Initiative Organization and submittal to cer-
tain committees of the Senate and House of Representatives by the 
Secretary of Defense pursuant to section 231 of the National Defense 
Authorization Act for Fiscal Years 1988 and 1989 (Public Law 
100-180; 101 Stat. 1059; 10 U.S.C. 2431 note). 
SEC. 2
2
4
. 
REQUIREMENT 
FOR 
ANNUAL 
REPORT 
ON 
SDI 
PROGRAMS 
10 use 2431 
(a) REPORT REQUIRED.—Not later than March 15 of each year, the 
note. 
Secretary of Defense shall transmit to dlongress a report (in both 
unclassified and classified form) on the programs and projects that 
constitute the Strategic Defense Initiative and on any other pro-
gram or project relating to defense against ballistic missiles. 
(b) CONTENT OP REPORT.—Each such report shall include the 
following: 
(1) A statement of the basic strategy for research and develop-
ment being pursued by the Department of Defense under the 
Strategic Defense Initiative (SDI), including the relative priority 
being given, respectively, to the development of near-term 
deplo3nnent options and research on longer-term technological 
approaches. 
(2) A detailed description of each prog^'am or project which is 
included in the Strategic Defense Initiative or which otherwise 
relates to defense against strategic ballistic missiles, including a 
technical evaluation of each such pr<^^am or project and an 
assessment as to when each can be brought to the stage of full-
scale engineering development (assuming funding as requested 
or programmed). 
(3) A clear definition of the objectives of each planned deploy-
.p ment phase of the Strategic Defense Initiative or defense 
against strategic ballistic missiles. 
(4) An explanation of the relationship between each such 
phase and each program and project associated with the pro-
posed architecture for that phase. 
(5) The status of consultations with other member nations of 
the North Atlantic Treaty Organization, Japan, and other 
appropriate allies concerning research being conducted in the 
Strategic Defense Initiative program. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1399 
(6) A statement of the compliance of the planned SDI develop-
ment and testing progprams with existing arms control agree-
ments, including the 1972 Anti-Ballistic Missile Treaty. 
(7) A review of possible countermeasures of the Soviet Union 
to specific SDI programs, an estimate of the time and cost 
required for the Soviet Union to develop each such counter-
measure, and an evaluation of the adequacy of the SDI 
programs described in 
the 
report to respond to 
such 
countermeasures. 
(8) Details regarding funding of progreuns and projects for the 
Strategic Defense Initiative (including the amounts authorized, 
appropriated, and made available for obligation after undistrib-
uted reductions or other offsetting reductions were carried out), 
as follows: 
(A) The level of requested and appropriated funding pro-
vided for the current fiscal year for each program and 
project in the Strategic Defense Initiative budgetary 
presentation materials provided to Congress. 
(B) The aggregate amount of funding provided for pre-
vious fiscal years (including the current fiscal year) for each 
such program and project. 
(CJ) The amount requested to be appropriated for each 
such program and project for the next fiscal year. 
(D) The amount programmed to be requested for each 
such program and project for the following fiscal year. 
(E) The amount required to reach the next significant 
milestone for each demonstration program and each major 
technology program. 
(9) Details on what Strategic Defense Initiative technologies 
can be developed or deployed within the next 5 to 10 years to 
defend against significant military threats and help accomplish 
critical military missions. The missions to be considered include 
the following: 
(A) Defending elements of the Armed Forces abroad and 
United States allies against tactical ballistic missiles, 
particularly new and highly accurate shorter-range ballistic 
missiles of the Soviet Union armed with conventional, 
. 
chemical, or nuclear warheads. 
(B) Defending against an accidental launch of strategic 
ballistic missiles against the United States. 
(C) Defending against a limited but militarily effective 
attack by the Soviet Union aimed at disrupting the Na-
tional (jommand Authority or other valuable military 
assets. 
(D) Providing sufficient warning and tracking informa-
tion to defend or effectively evade possible attacks by the 
Soviet Union against military satellites, including those in 
high orbits. 
(E) Providing early warning and attack assessment 
information and the necessary survivable command, con-
trol, and communications to facilitate the use of United 
States military forces in defense against possible conven-
tional or strategic attacks by the Soviet Union. 
(F) Providing protection of the United States population 
from a nuclear attack by the Soviet Union. 
103 STAT. 1400 
PUBLIC LAW 101-189—NOV. 29, 1989 
(G) Any other significant near-term military mission that 
the application of SDI technologies might help to accom-
plish. 
(10) For each of the near-term military missions listed in 
paragraph (9), the report shall include the following: 
(A) A list of specific program elements of the Strategic 
Defense Initiative that are pertinent to such mission. 
(B) The Secretary's estimate of the initial operating 
capability dates for the architectures or systems to accom-
plish such missions. 
(C) The Secretary's estimate of the level of funding nec-
essary for each program to reach those initial operating 
capability dates. 
(D) The Secretary's estimate of the survivability gind cost 
effectiveness at the margin of such architectures or systems 
against current and projected threats from the Soviet 
Union. 
PART D—STRATEGIC PROGRAMS 
SEC. 231. FUNDING AND LIMITATIONS FOR ICBM MODERNIZATION PRO-
GRAM 
(a) OVERALL OBLIGATIONAL LIMITATION.—Of the amounts appro-
priated for the Department of Defense for fiscal year 1990 pursuant 
to this Act, not more than $1,131,700,000 may be obligated for the 
activities described in subsection O
t
>
) for the intercontinental ballistic 
missile (ICBM) modernization program. 
Railroads. 
(b) (DovERED ICBM MODERNIZATION ACTIVITIES.—The activities re-
ferred to in subsection (a) are the following: 
(1) Research, development, test,' and evaluation in connection 
with the MX Rail Garrison program and the Small ICBM 
program. 
(2) Advance procurement of long-lead items for the MX Rail 
Garrison program. 
(3) Advance procurement of initial spare parts for the MX 
Rail Garrison program. 
(4) Procurement of operational Mark 21 reentry systems. 
Wyoming. 
(5) Military construction at F. E. Warren Air Force Base, 
Wyoming, in connekition with the MX Rail Garrison program. 
(c) MAXINIUM AMOUNTS THAT MAY BE OBUGATED FOR MODERNIZA-
TION ACTIVITIES.—The maximum amount that may be obligated for 
each activity described in subsection (b) from amounts appropriated 
for the Department of Defense for fiscal year 1990 pursuant to this 
Act is as follows: 
(1) For the activity described in subsection (bXD, a total of 
$874,244,000. 
(2) For the activity described in subsection (bX2), $163,607,000. 
(3) For the activity described in subsection (bX3), $58,999,000. 
(4) For the activity described in subsection (bX4), $80,000,000. 
(5) For the activity described in subsection OJXS), $104,850,000. 
(d) TRANSFER AUTHORITY; LIMITATION.—(1) The Secretary of 
De-
fense may transfer funds made available for fiscal year 1990 for any 
activity referred to in subsection (b) to any other activity referred to 
in that subsection, except that in no case may the total amount 
obligated from fiscal year 1990 defense funds for that activity exceed 
the amount specified for that activity in subsection (c). 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1401 
(2) An amount transferred pursuant to this subsection may be 
used only in connection with the activity to which transferred and 
shall be merged with other funds made available for that activity for 
fiscal year 1990. 
(3) An amount transferred pursuant to this subsection shall not be 
counted against the maximum amount authorized to be transferred 
pursuant to this Act under section 1601(a). 
(e) USE OF UNOBUGATED FY 1989 FUNDS.—The Secretary of 
the 
Air Force shall use $100,000,000 of amounts appropriated for re-
search, development, test, and evaluation for the Air Force for fiscal 
year 1989 that remain available for obligation to carry out research, 
development, test, and evaluation in connection with the Small 
ICBM prc^ram. 
if) REPORT TO CONGRESS.—Not later than 10 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report specifying the 
amounts allocated to each activity referred to in subsection (b) and 
an explanation of any transfer of funds made pursuant to subsection 
(d). In the case of any such transfer of funds, the report shall include 
an identification of the activity or activities from which the funds 
are transferred and the activity or activities to which the funds are 
transferred. 
SEC. 232. FUNDING FOR SECURITY IMPROVEMENTS AT THE KWAJALEIN 
TEST RANGE 
The Secretary of Defense shall transfer to the Army $7,500,000 
from funds available for research, development, test and evaluation 
for the Armed Forces for fiscal year 1990. Funds so transferred shall 
be available for the sole purpose of funding highest priority security 
improvements at the Kwajalein Test Range. Funds made available 
for such purpose shall be in addition to any funds otherwise made 
available for the United States Army Kwajalein Atoll Command. 
SEC. 233. TITAN IV WEST COAST LAUNCH PAD 
(a) PROHiBrnoN ON OBLIGATION OF FUNDS FOR S L C - 7 FACILITY.— 
Funds appropriated or otherwise made available for the Air Force 
for fiscal year 1990 may not be obligated or expended in connection 
with the launch facility at Vandenberg Air Force Base, California, 
identified as the SLC-7 Launch Facility. 
Ob) LIMITATION ON OBUGATION OF FUNDS FOR S L C - 6 FACILITY.—(1) 
Of the funds appropriated for the Air Force for research, develop-
ment, test, and evaluation for fiscal year 1990, not more than 
$31,200,000 shall be available for conversion of the launch facility at 
Vandenberg Air Force Base, California, identified as the SLC-6 
Launch Facility, for launching Tit£m IV expendable launch vehicles. 
(2) Funds appropriated or otherwise made available for the Air 
Force for fiscal year 1990 may not be used for a second West Coast 
launch capability for Titan IV expendable launch vehicles except for 
the conversion of the SLC-6 launch facility to such a capability. 
PART E—CHEMICAL AND BIOLOGICAL WARFARE PROGRAMS 
SEC. 241. PROGRAM FOR MONITORING COMPLIANCE WITH POSSIBLE 
CHEMICAL WEAPONS CONVENTION 
Of the amount authorized to be appropriated pursuant to section 
201 for the Defense Agencies for fiscal year 1990, $15,000,000 shall 
be available for use only by the Office of the Secretary of Defense to 
103 STAT. 1402 
PUBLIC LAW 101-189-NOV. 29, 1989 
conduct a program to develop and demonstrate compliance monitor-
ing capabilities in support of efforts by the United States in the 
Conference on Disarmament at Geneva to achieve a verifiable 
convention on the prohibition of chemical weapons. 
SEC. 242. REPORT ON BIOLOGICAL DEFENSE RESEARCH PROGRAM 
(a) REPORT.—The Secretary of Defense shall submit to the Con-
gress a report on research, development, test, and evaluation con-
ducted by the Department of Defense during fiscal year 1989 under 
the Biological Defense Research Program. The report shall be 
submitted in both classified and unclassified form in conjunction 
with the submission of the budget to Congress for fiscal 1991. 
(b) CONTENT OF REPORT.—The report shall address the following 
matters: 
(1) Each biological or infectious agent used in, or the subject 
of, research, development, test, and evaluation conducted under 
that program during that fiscal year and not previously listed in 
the Center for Disease Control Guidelines. 
(2) The biological properties of each such agent. 
(3) With respect to each agent, the location at which research, 
development, test, and evaluation under that program involving 
that agent is conducted and the amount of funds expended 
during that fiscal year under the program at that location. 
(4) The biosafety level used in conducting that research, 
development, test, and evaluation. 
(c) TYPES OF RESEARCH AFFECTED.—Subsection (a) applies to all 
research, development, test, and evaluation conducted under the 
Biological Defense Research Program by the Department of Defense. 
(d) DEFINITION.—In this section the term "biosafety level" means 
the applicable biosafety level described in the publication entitled 
"Biosafety in Microbiological and Biomedical Laboratories" (CDC-
NIH,1984). 
SEC. 243. RESTORATION 
OF 
CERTAIN 
REPORTING 
REQUIREMENTS 
RELATING TO CHEMICAL AND BIOLOGICAL WARFARE AGENTS 
(a) SPECIFIC REPORTS.—Section 602 of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (100 Stat. 1066; 
10 U.S.C. 111 note) is amended— 
(1) by striking out subsections (g) and (h) and inserting in lieu 
thereof the following: 
"(g) PuBUC LAW 91-121.—The exception provided in subsection 
(dX3) applies to the following annual report and notifications relat-
ing to chemical or biological warfare agents: 
"(1) The annual report required by subsection (a) of section 
409 of Public Law 91-121 (50 U.S.C. 1511). 
"(2) The notifications required by subsections (bX4) and (cXD 
of such section (50 U.S.C. 1512(4), 1513(1)). 
"(h) PUBLIC LAW 91-441.—The exception provided in subsection 
(dX3) applies to the following reports: 
"(1) The annual report required by section 203(c) of Public 
Law 91-141 (10 U.S.C. 2358 note), relating to independent re-
search and development and bid and proposal programs. 
"(2) Reports required by section 506(d) of such public law (50 
U.S.C. 1518), relating to the disposal of chemical or biological 
warfare agents."; and 
(2) by adding at the end the following new subsection: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1403 
"(v) PuBUC LAW 95-79.—^The exception provided in subsection 
(dX3) applies to the notifications required by section 808 of Public 
Law 95-79 (50 U.S.C. 1520), relating to chemical or biological war-
fare agents.". 
Ot)) CONFORMING AMENDMENT.—Subsection (dX3) of such section is 
amended by striking out "(u)" and inserting in lieu thereof "(v)". 
PABT F—OTHER MATTERS 
SEC. 251. ADVANCED RESEARCH PROJECTS 
(a) AUTHORTTY FOR D A R P A COOPERATIVE AGREEMENTS AND OTHER 
TRANSACTIONS.^1) Chapter 139 of title 10, United States Code, as 
amended by section 242(a), is further amended by adding at the end 
the following new section: 
"§ 2371. Advanced research projects: cooperative agreements and 
other transactions 
"(a) The Secretary of Defense, in carrying out advanced research 
projects through the Defense Advanced Research Projects Agency, 
may enter into cooperative agreements and other transactions with 
any person, any agency or instrumentality of the United States, any 
unit of State or local government, any educational institution, and 
...^ , j 
any other entity. 
"(bXD (Cooperative agreements and other transactions entered 
into by the Secretary under subsection (a) may include a clause that 
requires a person or other entity to make payments to the Depart-
ment of Defense (or any other department or agency of the Federal 
Government) as a condition for receiving support under the agree-
ment or other transaction. 
"(2) The amount of any payment received by the Federal Crovem-
ment pursuant to a requirement imposed under paragraph (1) may 
be credited, to the extent authorized by the Secretary of Defense, to 
the accoimt established under subsection (e). Amounts so credited 
shall be merged with other funds in the account and shall be 
available for the same purposes and the same period for which other 
funds in such account are available. 
"(c) The authority provided under subsection (a) may be exercised 
without regard to section 3324 of title 31. 
"(d) The Secretary shall ensure that— 
"(1) to the maximum extent practicable, a cooperative agree-
ment or other transaction under this section does not provide 
for research that duplicates research being conducted under 
existing programs carried out by the Department of Defense; 
"(2) to the extent the Secretary determines practicable, the 
funds provided by the Government under the cooperative agree-
ment or other transaction do not exceed the total amount 
provided by other parties to the cooperative agreement or other 
transaction; and 
"(3) the authority under this section is used only when the use 
of standard contracts or grants is not feasible or appropriate. 
"(e) There is hereby established on the books of the Ti-easury an 
account for support of advanced research projects provided for in 
cooperative agreements and other transactions entered into under 
subsection (a). Funds in such account shall be available for the 
payment of such support. 
103 STAT. 1404 
PUBLIC LAW 101-189—NOV. 29, 1989 
Reports. 
Termination 
date. 
Grants. 
"If) Not later than 60 days after the end of each fiscal year, the 
Secretary of Defense shall submit to the Committees of Armed 
Services of the Senate and House of Represen^tives a report on all 
cooperative agreements and other transactions (other than contracts 
£md grants) entered into under this section during such fiscal year. 
The report shall contain, with respect to e€u;h such cooperative 
agreement and transaction, the following: 
"(1) A general description of the cooperative agreement or 
other transaction (as the case may be), including the tech-
nologies for which advanced research is provided for under such 
agreement or transaction. 
"(2) The potential military and, if any, commercial utility of 
J
^
^ such technologies. 
"(3) The reasons for not using a contract or grant to provide 
support for such advanced research. 
"(4) The amount of the payments, if any, referred to in 
subsection (b) that were received by the Federal Government in 
connection with such cooperative agreement or other trans-
' 
action during the fiscal year covered by the report. 
"(5) The amount of the payments reported under paragraph 
(4), if any, that were credited to the account established under 
subsection (e). 
*'(g) The authority of the Secretary to enter into cooperative 
agreements and other transactions under this section expires at the 
close of September 30,1991.". 
(2) The table of sections at the beginning of such chapter, as 
amended by section 242(a), is further amended by adding at the end 
the following new item: 
"2371. Advanced research projects: cooperative agreements and other transactions.". 
(b) FUNDING.—Of the amounts appropriated pursuant to section 
201 for the Defense Agencies, not more than $25,000,000 of the funds 
appropriated for fiscal year 1990 and not more than $25,000,000 of 
the funds appropriated for fiscal year 1991 may be available for the 
support, through the Defense Advanced Research Projects Agency, 
of advanced research provided for in cooperative agreements and 
other transactions authorized by section 2371 of title 10, United 
States Code (as added by subsection (a)). That amount shall be 
credited to the account established under subsection (e) of such 
section. 
SEC. 252. CLARIFICATION OF REQUIREMENT FOR COMPETITION IN 
A
W
A
R
D OF RESEARCH AND DEVELOPMENT C
O
N
T
R
A
C
T
S AND 
CONSTRUCTION C
O
N
T
R
A
C
T
S T
O COLLEGES AND UNIVER-
SITIES 
(a) (k>MPEnTiON REQUIREMENT.—Subsection (a) of section 2361 of 
title 10, United States (3ode, is amended by striking out "unless the 
grant" and all that follows through the end of the subsection and 
inserting in lieu thereof "unless— 
"(1) in the case of a grant, the grant is made using competitive 
procedures; and 
"(2) in the case of a contract, the contract is awarded in 
accordance with section 2304 of this title (other than pursuant 
to subsection (cX5) of that section).". 
(b) RESTRICTIONS WFTH RESPECT TO SUPERSEDING LEGISLATION.—(1) 
Subsection (b) of such section is amended to read as follows: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1405 
"(bXD A provision of law may not be construed as modifjdng or 
superseding the provisions of subsection (a), or as requiring funds to 
be made available by the Secretary of Defense to a particular college 
or university by grant or contract, unless that provision of law— 
"(A) specifically refers to this section; 
"(B) specifically states that such provision of law modifies or 
supersedes the provisions of this section; and 
"(C) specifically identifies the particular college or university 
'•" involved and states that the grant to be made or the contract to 
be awarded, as the case may be, pursuant to such provision of 
law is being made or awarded in contravention of subsection (a). 
"(2) A grant may not be made, or a contract awarded, pursuant to 
a provision of law that authorizes or requires the making of the 
grant, or the awarding of the contract, in a manner that is 
inconsisent with subsection (a) until— 
"(A) the Secretary of Defense submits to Congress a notice in 
writing of the intent to make the grant or award the contract; 
and 
"(B) a period of 180 days has elapsed after the date on which 
the notice is received by Congress.". 
(2) Subsection (b) of section 2361 of title 10, United States Code, as 
Effective date. 
amended by paragraph (1), applies with respect to any provision of 
10 USC 2361 
law enacted after September 30,1989. 
"°^ 
(c) SEMIANNUAL REPORT.—(1) Such section is further amended by 
adding at the end the following new subsection: 
"(cXD The Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a 
semiannual report on the use of competitive procedures for the 
award of research and development contracts, and the award of 
.. 
construction contracts, to colleges and universities. Each such report 
shall include— 
"(A) a list of each college and university that, during the 
period covered by the report, received more than $1,000,000 in 
such contracts through the use of procedures other than 
competitive procedures; and 
"(B) the cumulative amount of such contracts received during 
that period by each such college and university. 
"(2) The reports under paragraph (1) shall cover the six-month 
periods ending on June 30 and December 31 of each year. Each such 
report shall be submitted within 30 days after the end of the period 
covered by the report. 
"(3) A report is not required under paragraph (1) for any period 
b^inning after December 31,1993.". 
(2) The first report under subsection (c) of section 2361 of title 10, 10 USC 2361 
United States Code, as added by paragraph (1), shall cover the last "°*®-
six months of 1989 and shall be submitted not later than February 1, 
1990. 
SEC. 253. EXTENSION OF DEADLINE FOR SELECTION OF HEAVY TRUCK 
SYSTEM CONFIGURED WITH PALLETIZED LOADING SYSTEM 
Section 259(b) of the National Defense Authorization Act for 
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1068) is 
amended by striking out "24 months after the enactment of this 
Act" in the first sentence and inserting in lieu thereof "June 4, 
1990". 
103 STAT. 1406 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 254. TESTING OF INFANTRY ANTI-TANK WEAPON 
(a) EVALUATION OF INFANTRY ANTI-TANK WEAPON.—(1) The Sec-
retary of the Army shall conduct a side-by-side test and evaluation 
of the Bofors Bill weapon system, the Milan weapon system, and the 
Dragon 11 weapon system. On the basis of the performance of those 
systems in those tests, the Secretary of the Army shall select the 
superior weapon system, giving full consideration to cost effective-
ness. 
(2) Such test and evaluation shall be conducted, and such selection 
shall be made, not later than six months after the date of the 
enactment of this Act. 
(3) The tests and criteria used for such evaluation shall be iden-
tical to those used for tests under section 114 of the National 
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 
102 Stat. 1931) and the associated language on page 303 of the joint 
explanatory statement of managers for the bill H.R. 4481 of the 
100th Congress (House Report 100-989 of the 100th Ck)ngress). 
(b) FUNDING OF TESTS.—The tests under subsection (a) shall be 
funded from— 
(1) funds appropriated for fiscal year 1988 for evaluation of 
the Bofors Bill system and Milan system which remain unspent; 
J 
(2) funds appropriated for ^cal year 1989 for the terminated 
Dragon III program which remain unspent; and 
(3) other fiscal year 1988 or 1989 funds available to the 
Secretary. 
(c) INDEPENDENT ASSESSMENTS.—The (DomptroUer General of the 
United States and the Director of Operational Test and Evaluation 
of the Department of Defense shall each conduct an assessment of 
the operational tests and evaluations referred to in subsection (a). 
Reports. 
TTie Comptroller General and the Director shall each submit a 
report on such assessment to the Committees on Armed Services of 
the Senate and House of Representatives not later than two months 
after the end of the tests. 
SEC. 255. F U N D I N G FOR FACILITY FOR COLLABORATIVE RESEARCH AND 
TRAINING FOR MILITARY MEDICAL PERSONNEL; FUNDING 
FOR MICROELECTRONICS RESEARCH 
(a) FUNDING.—(1) Of the amounts appropriated pursuant to sec-
tion 201 for fiscal year 1990, $18,000,000 may be used by the Sec-
retary of Defense as a contribution toward the construction of a 
facility as part of a complex to enable collaborative research and 
training for Department of Defense military medical personnel in 
the following fields: 
(A) Trauma care. 
(B) Head, neck, and spinal injury. 
(C) Paralysis. 
(D) Neurosciences and neurodegenerative diseases. 
(2) Such a contribution may be made only for a facility that will— 
(A) support education, training, treatment, and rehabilitative 
services related to the fields described in paragraph (1); and 
(B) support neuroscience research with relevance for the 
medical mission of the Department of Defense. 
(3) Such a contribution may be made only for a facility to be 
located at an institutional setting that— 
(A) has received national recognition for its work in the fields 
listed in paragraph (1); and 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1407 
i 
(B) can best facilitate interagency collaborative research, edu-
cation, and training activities. 
(4) The amount of a contribution under paragraph (1) may not 
exceed 33 percent of the total cost of such complex. 
(b) MICROELECTRONICS RESEARCH.—Of the funds authorized to be 
appropriated pursuant to section 201 for fiscal year 1990, not more 
than $15,000,000 may be made available for a program of research 
in advanced microelectronics, optoelectronics, and materials. None 
of such funds may be obligated before July 1, 1990. Any contract 
awarded under such program shall be awarded using competitive 
procedures to the maximum extent feasible. 
SEC. 2
5
6
. AVAILABILITY OF FUNDS TRANSFERRED TO NASA FOR 
NATIONAL 
AEROSPACE 
PLANE 
Of amounts appropriated to the Department of Defense for fisced 
year 1990 that are transferred to the National Aeronautics and 
Space Administration pursuant to law, not more than $225,000,000 
may be used for the National Aerospace Plane program. 
SEC. 257. REPEAL OF SPECIFICATION OF FUNDS FOR RANKINE ENGINE 
Section 205(aX3) of the National Defense Authorization Act for 
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1047) is 
repealed. 
TITLE III—OPERATION AND MAINTENANCE 
PART A—AUTHORIZATION OF APPROPRIATIONS 
SEC. 
3
0
1
. 
OPERATION 
AND 
MAINTENANCE 
FUNDING 
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1990.— 
Funds are hereby authorized to be appropriated for fiscal year 1990 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for expenses, not otherwise provided for, 
for operation and maintenance in amounts as follows: 
(1) For the Army, $22,973,309,000. 
(2) For the Navy, $23,926,751,000. 
(3) For the Marine Corps, $1,657,800,000. 
(4) For the Air Force, $21,909,296,000. 
(5) For the Defense Agencies, $7,850,472,000. 
(6) For the Army Reserve, $861,800,000. 
(7) For the Naval Reserve, $894,800,000. 
(8) For the Marine Corps Reserve, $77,400,000. 
(9) For the Air Force Reserve, $978,500,000. 
(10) For the Army National Guard, $1,867,100,000. 
(11) For the Air National Guard, $1,981,900,000. 
(12) For the National Board for the Promotion of Rifle Prac-
tice, $3,970,000. 
(13) For the Defense Inspector General, $94,749,000. 
(14) For the Court of Military Appeals, $4,000,000. 
c 
(15) For Environmental Restoration, Defense, $601,100,000. 
(16) For Humanitarian Assistance, $13,000,000. 
(17) For the Goodwill Games, as provided in section 305 of the 
National Defense Authorization Act, Fiscal Year 1989 (Public 
Law 100-456; 102 Stat. 1949), $14,600,000. 
(b) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1991.— 
Funds are hereby authorized to be appropriated for fiscal year 1991 
for the use of the Armed Forces and other activities and agencies of 
103 STAT. 1408 
PUBLIC LAW 101-189—NOV. 29, 1989 
the Department of Defense for expenses, not otherwise provided for, 
for operation and maintenance in amounts as follows: 
(1) For the Army, $24,648,400,000. 
(2) For the Navy, $25,262,700,000. 
(3) For the Marine Corps, $1,771,300,000. 
(4) For the Air Force, $23,344,300,000. 
(5) For the Defense Agencies, $8,318,900,000. 
(6) For the Army Reserve, $902,600,000. 
(7) For the Naval Reserve, $949,900,000. 
(8) For the Marine Corps Reserve, $79,400,000. 
(9) For the Air Force Reserve, $1,015,400,000. 
(10) For the Army National Guard, $1,896,300,000. 
(11) For the Air National Guard, $2,104,600,000. 
(12) For the National Board for the Promotion of Rifle Prac-
tice, $5,600,000. 
(13) For the Defense Inspector General, $97,600,000. 
(14) For the Court of Military Appeals, $4,200,000. 
(15) For Environmental Restoration, Defense, $519,900,000 
(16) For Humanitarian Assistance, $13,000,000. 
(c) SPECIAL AUTHORIZATION FOR CONTINGENCIES.—^There is au-
thorized to be appropriated for each of fiscal years 1990 and 1991, in 
addition to the amounts authorized to be appropriated in subsec-
tions (a) and (b), such sums as may be necessary— 
(1) for imbudgeted increases in fuel costs; and 
(2) for unbudgeted increases as the result of inflation in the 
cost of activities authorized by such subsections. 
SEC 302. WORKING CAPITAL FUNDS 
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1990,— 
Funds are hereby authorized to be appropriated for fiscal year 1990 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working-capital 
funds in amounts as follows: 
(1) For the Navy Stock Fund, $40,500,000. 
(2) For the Air Force Stock Fund, $126,100,000. 
(3) For the Defense Stock Fund, $78,100,000. 
(b) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1991.— 
Funds are hereby authorized to be appropriated for fiscal year 1991 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working-capital 
funds in amounts as foUows: 
(1) For the Army Stock Fund, $141,500,000. 
(2) For the Navy Stock Fund, $232,100,000. 
(3) For the Air Force Stock Fund, $319,600,000. 
(4) For the Defense Stock Fund, $156,300,000. 
SEC. 303. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1990.— 
There is authorized to be appropriated for fiscal year 1990 to the 
Department of Defense Base Closure Accoimt established by section 
207(aXl) of the Defense Authorization Amendments and Base Clo-
sure and Realignment Act (Public Law 100-526; 102 Stat. 2631), 
$500,000,000. 
(b) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1991.— 
There is authorized to be appropriated for fiscal year 1991 to the 
Department of Defense Base Closure Accoiuit established by section 
207(aXl) of the Defense Authorization Amendments and Base Clo-
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1409 
sure and Realignment Act (Public Law 100-526; 102 Stat. 2631), 
$500,000,000. 
SEC. 304. HUMANITARIAN ASSISTANCE 
(a) PURPOSE.—Funds appropriated pursuant to the authorizations 
in subsections (aX16) and Ot)X16) of section 301 for humanitarian 
assistance shall be used for the purpose of providing transportation 
for humanitarian relief for persons displaced or who are refugees 
because of the invasion of Afghanistan by the Soviet Union. Of the 
funds appropriated for each of fiscal years 1990 and 1991 pursuant 
to such subsections for such purpose, not more than $3,000,000 may 
be used for distribution of humanitarian relief supplies to the non-
Communist resistance organization at or near the border between 
Thailand and Cambodia. 
Qo) AUTHORITY TO TRANSFER FUNDS.—The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 of 
the funds appropriated pursuant to such subsections for each of 
fiscal years 1990 and 1991 for humanitarian assistance to provide 
for— 
(1) the pajonent of administrative costs incurred in providing 
the transportation described in subsection (a); and 
(2) the purchase or other acquisition of transportation assets 
for the distribution of humanitarian relief supplies in the coun-
try of destination. 
(c) TRANSPORTATION UNDER DIRECTION OP THE SECRETARY OF 
STATE.—Transportation for humanitarian relief provided with funds 
appropriated pursuant to such subsections for humanitarisin assist-
ance shall be provided under the direction of the Secretary of State. 
(d) MEANS OF TRANSPORTATION TO BE USED.—Transportation for 
humanitarian relief provided with funds appropriated pursuant to 
such subsections for humanitarian assistance shall be provided by 
the most economical commercial or military means available, unless 
the Secretary of State determines that it is in the national interest 
of the United States to provide transportation other than by the 
most economical means available. The means used to provide such 
transportation may include the use of aircraft and personnel of the 
reserve components of the Armed Forces. 
(e) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to such 
subsections for humanitarian assistance shall remain available until 
expended, to the extent provided in appropriation Acts. 
(f) REPORTS TO CONGRESS.—(1) The Secretary of Defense shall 
submit (at the times specified in paragraph (2)) to the Committees on 
Armed Services and Foreign Relations of the Senate and the 
Committees on Armed Services and Foreign Affairs of the House of 
Representatives a report on the provision of humanitarian assist-
ance under the humanitarian relief laws specified in paragraph (4). 
(2) A report required by paragraph (1) shall be submitted— 
(A) not later thsm 60 days after the date of the enactment of 
this Act; 
(B) not later than June 1, 1990; and 
(C) not later than June 1 of each year thereafter until all 
funds available for humanitarian assistance under the humani-
tarian relief laws specified in paragraph (4) have been obligated. 
(3) A report required by paragraph (1) shall contain (as of the date 
on which the report is submitted) the following information: 
Refugees. 
Afghanistan. 
Thailand. 
Cambodia. 
103 STAT. 1410 
PUBLIC LAW 101-189—NOV. 29, 1989 
Reports. 
(A) The total amount of funds obligated for humanitarian 
relief under the humanitarian relief laws specified in paragraph 
(4). 
(B) The number of scheduled and completed flights for pur-
poses of providing humanitarian relief under the humanitarian 
relief laws specified in paragraph (4). 
(C) A description of any treinsfer (including to whom the 
transfer is made) of excess nonlethal supplies of the Department 
of Defense made available for humanitarian relief purposes 
under section 2547 of title 10, United States Code. 
(4) The humanitarian relief laws referred to in pareigraphs (1), (2), 
and (3) are the following: 
(A) This section. 
(B) Section 305 of the Department of Defense Authorization 
Act, 1986 (Public Law 99-145; 99 Stat. 617). 
(C) Section 331 of the National Defense Authorization Act for 
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1078). 
(D) Section 303 of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1948). 
(5) Section 303 of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 1948), is amended by 
striking out subsection (f). 
SEC. 305. ARMY AVIATION FLIGHT FACILITY AT JACKSON, TENNESSEE 
(a) EsTABUSHMENT OF FACILITY.—The Secretary of the Army shall 
establish an Army aviation flight facility at McKellar Field in 
Jackson, Tennessee. 
(b) AMOUNT AUTHORIZED FOR TRANSFER OF BRIGADE.—Of 
the 
amount appropriated pursuant to section 301 for fiscal year 1990 for 
operation and maintenance for the Army National Guard, $300,000 
is authorized to be used to transfer the aviation section of the 30th 
Separate Armored Brigade of the Tennessee National Guard to the 
facility established pursuant to subsection (a). 
SEC. 306. ASSISTANCE TO SCHOOLS TO BENEFIT CHILDREN OF MEMBERS 
OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE 
DEPARTMENT OF DEFENSE 
(a) ASSISTANCE AUTHORIZED.—Of the amounts appropriated for 
operation and maintenance for fiscal year 1990, the Secretary of 
ifefense is authorized to use $10,000,000 for the purpose of providing, 
in consultation with the Secretary of Ekiucation, assistance to eli-
gible local educational agencies that operate schools that include 
students who— 
(1) are dependent children of members of the Armed Forces or 
of civilian employees of the Department of Defense; and 
(2) while in attendance at such schools, reside on Federal 
property. 
Ot)) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational 
agency described in subsection (a) is eligible for financial assistance 
under such subsection if the Secretary of Defense, in consultation 
with the Secretary of Education, determines that such agency is 
unable, without the addition of such assistance, to provide a level of 
education for such students equivalent to the minimum level of 
education avsdlable within the State in which such students reside 
(as. determined by comparable school district data). 
(c) CRITERIA FOR ASSISTANCE.—Not later than December 31, 1989, 
the Secretary of Defense shall submit to the Committees on Armed 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1411 
Services and Labor and Human Resources of the Senate and the 
Committees on Armed Services and Education and Labor of the 
House of Representatives a report describing the criteria and proce-
dures the Secretary will use to select recipient agencies for assist-
ance under subsection (a). 
(d) REPORT ON IMPACT AID.—Not later than December 31,1989, the 
Secretary of Defense, in consultation with the Secretary of Edu-
cation, shall submit to the Committee on Armed Services and the 
Committee on Labor and Human Resources of the Senate and the 
Committee on Armed Services and the Committee on Education and 
Labor of the House of Representatives a report on the feasibility and 
desirability— 
(1) of transferring to the Department of Defense by October 1, 
1991, impact aid responsibilities for schools impacted by Depart-
ment of Defense activities; and 
(2) of providing support services (including funds for facilities) 
to schools receiving impact aid as a result of the presence of 
dependent children of members of the Armed Forces or of 
civilian employees of the Department of Defense. 
PART B—LIMITATIONS 
SEC. 311. PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN 
NATIONALS IN THE EVENT OF CERTAIN BASE CLOSURES 
(a) CERTAIN SEVERANCE PAY COSTS NOT ALLOWABLE COSTS WITH 
RESPECT TO SERVICE CONTRACTS PERFORMED OUTSIDE THE UNITED 
STATES.—(1) Subsection (eXD of section 2324 of title 10, United States 
Code, is amended— 
(A) by redesignating subparagraph (N) as subparagraph (O); 
and 
(B) by inserting after subparagraph (M) the following new 
subparagraph (N): 
"(N) Costs of severance pay paid by the contractor to a foreign 
national employed by the contractor under a service contract 
performed in a foreign country if the termination of the employ-
* 
ment of the foreign national is the result of the closing of, or the 
curtailment of activities at, a United States military facility in 
that country at the request of the government of that country.". 
(2) Subpareigraph (N) of such subsection, as added by paragraph 
lo USC 2324 
(1), shall not apply with respect to the termination of the employ- note. 
ment of a foreign national employed under any covered contract (as 
defined in subsection G) of such section) if such termination is the 
result of the closing of, or the curtailment of activities at, a United 
States military facility in a foreign country pursuant to an agpree-
ment entered into with the government of that country before the 
date of the enactment of this Act. 
(b) PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN 
NATIONALS EMPLOYED BY THE DEPARTMENT OF DEFENSE.—(1) Chapter 
81 of title 10, United States (Dode, is amended by adding at the end 
the following new section: 
"§ 1592. Prohibition on payment of severance pay to foreign 
nationals in the event of certain overseas base closures 
"Funds available to the Department of Defense may not be used to 
pay severance pay to a foreign national employed by the Depart-
ment of Defense under a contract performed in a foreign country if 
note. 
103 STAT. 1412 
PUBLIC LAW 101-189—NOV. 29, 1989 
the termination of the employment of the foreign national is the 
result of the closing of, or the curtailment of activities at, a United 
States military facility in that country at the request of the govern-
ment of that country.". 
(2) The table of sections at the b^inning of such chapter is 
amended by adding at the end the following new item: 
"1592. Prohibition on payment of severance pay to foreign nationals in the event of 
certain overseas base closures.". 
Effective date. 
(3XA) Section 1592 of title 10, United States Code, as added by 
10 use 1592 
paragraph (1), shall take effect on the date of the enactment of this 
Act. 
(B) Such section shall not apply with respect to the closing of, or 
the curtailment of activities at, a United States military facility in a 
foreign country pursuant to an agreement entered into willi the 
government of that country before the date of the enactment of this 
Act. 
(c) SENSE OP CONGBESS.—It is the sense of Congress that— 
(1) in the event a United States military facility located in a 
foreign country is closed (or activities at the facility are cur-
tailed) at the request of the government of that country, such 
government should be responsible for the payment of severance 
pay to foreign nationals in the country whose employment by 
the United States or by a contractor under a contract with the 
United States is terminated as a result of the closure or curtail-
' 
ment; and 
(2) in n^otiating a status-of-forces agreement or other coun-
' tiy-to-coimtry agreement with the government of a foreign 
country, the President should endeavor to include in the agree-
ment a provision that would require the government of that 
country to pay severance pay to foreign nationals in that coiui-
try whose employment is terminated as a result of the closing 
of, or the curtailment of activities at, a United States military 
facility in that country, if the closing or curtailment is at the 
'-' request of the government of that country. 
SEC 312. PROHIBITION ON JOINT USE OF THE MARINE CORPS AIR STA-
TION AT EL TORO, CALIFORNIA, WITH CIVIL AVIATION 
The Secretary of the Navy may not enter into any agreement that 
would provide for, or permit, civil aircraft to regiUarly use the 
Marine Corps Air Station at El Toro, California. 
SEC 313. CLARIFICATION OF PROmBITION ON CERTAIN DEPOT MAINTE-
NANCE WORKLOAD COMPETITIONS 
Section 2466 of title 10, United States Code, is amended— 
(1) by striking out "may not require" and inserting in lieu 
thereof "shall prohibit"; 
(2) by striking out "or" after "Secretary of the Army" and 
inserting in lieu thereof "and"; and 
(3) by striking out "to carry out" and inserting in lieu thereof 
"from carrying out". 
SEC 314. REDUCTION IN THE NUMBER OF CIVILIAN PERSONNEL AU-
THORIZED FOR DUTY IN EUROPE 
(a) REDUCTION REQUIRED.—The number of civilian employees of 
the Department of Defense authorized for duty in Europe on the 
date of the enactment of this Act shall be reduced by a number 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1413 
equal to the number of remaining authorizations for employees of 
the department that— 
(1) were related to intermediate-range nuclear forces on 
December 8,1987; and 
(2) are unnecessary as a result of the Treaty between the international 
United States of America and the Union of Soviet Socialist 
agreements. 
Republics on the Elimination of their Intermediate-range and 
Shorter-range Missiles, signed on December 8, 1987 (commonly 
referred to as the "INF Treaty"), 
(b) DEADLINE FOR REDUCTION.—The reduction in the number of 
employees authorized for duty in Europe required by subsection (a) 
shcdl be completed not later than October 1,1991. 
SEC. 315. REPEAL OF LIMITATION ON THE USE OF OPERATION AND 
MAINTENANCE FUNDS TO PURCHASE INVESTMENT ITEMS 
Section 303 of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1073) is re-
pealed. 
PART C—MISCELLANEOUS PROGRAM CHANGES 
SEC. 321. AUTHORIZATION TO REDUCE UNDER CERTAIN CIRCUMSTANCES 
THE RATES FOR MEALS SOLD AT A MILITARY DINING FACIL-
ITY 
Section 1011(a) of title 37, United States Code, is amended— 
(1) by striking out "or enlisted members" and all that follows 
through the period in the first sentence and inserting in lieu 
thereof "and enlisted members."; and 
(2) by adding after the second sentence the following new 
sentence: "Notwithstanding the preceding sentence, if the Sec-
retary determines that it is in the best interest of the United 
States, the Secretary may reduce a rate for meals established 
under this subsection by the amount of that rate attributable to 
operating expenses.". 
SEC. 322. IMPROVED AND EXPEDITED DISPOSAL OF LOST, ABANDONED, 
OR UNCLAIMED PERSONAL PROPERTY IN THE CUSTODY OF 
THE ARMED FORCES 
(a) IN GENERAL.—Subsection (a) of section 2575 of title 10, United 
States Code, is amended— 
(1) by striking out "120 days" in the third sentence and 
inserting in lieu thereof "45 days"; 
(2) by striking out "$25 or more" and all that follows through 
"three months in the fourth sentence and inserting in lieu 
thereof "more than $300, the Secretary may not dispose of the 
property until 45 days"; and 
(3) by inserting jJter the second sentence the following new 
sentences: "The diligent effort to find the owner (or the heirs, 
next of kin, or legal representative of the owner) shall begin, to 
the maximum extent practicable, not later than seven days 
after the date on which the property comes into the custody or 
control of the Secretary. The period for which that effort is 
continued may not exceed 45 days.". 
(b) TECHNICAL AMENDMENTS.—Such section is further amended— 
(1) by striking out "owner, his heirs or next of kin, or his legal 
representative" each place it appears and inserting in lieu 
note. 
103 STAT. 1414 
PUBLIC LAW 101-189—NOV. 29, 1989 
thereof "owner (or the heu^, next of kin, or legal representative 
of the owner)"; 
(2) in subsection (a)— 
(A) by striking out "his department" and inserting in lieu 
thereof "the Seo-etary's department"; and 
(B) by striking out "owner, his heirs or next of kin, or his 
l^al representatives" and inserting in lieu thereof "owner 
(or heirs, next of kin, or l^al representative of the owner)"; 
and 
(3) in subsection (c), by striking out "he" and inserting in lieu 
thereof "that person". 
10 use 2575 
(c) ElFFEcnvE DATE.—The amendments made by subsection (a) 
shaU apply with respect to property that comes into the custody or 
control of the Secretary of a military department or the Secretary of 
Transportation after the date of the enactment of this Act. 
SEC. 323. PROCUREMENT OF LAUNDRY AND DRY CLEANING SERVICES 
F
R
O
M NAVY EXCHANGES 
(a) IN GENERAL.—Chapter 143 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§2423. Laundry and dry cleaning seryfces: procurement from 
facilities operated by the Navy Resale and Services Sup-
port Office 
"(a) AUTHORITY.—The Secretary of Defense may authorize an 
element of the Department of Defense to enter into a contract 
(through the use of procedures other than competitive procedures) 
with a laundry and dry cleaning facility operated by the Navy 
Resale and Services Support Office to procure laundry and dry 
cleaning services for the armed forces outside the United States. 
"(b) APPLICATION,—Subsection (a) shall apply only with respect to 
a laundry and dry cleaning facility of the Navy Resale and Services 
Support Office that began operating before October 1,1989.", 
(b) CLERICAL AMENDMENT.—The table of sections at the banning 
of such chapter is amended by adding at the end the following new 
item: 
"2423. Laundry and dry cleaning services: procurement from facilities operated by 
the Navy Resale and Services Support Oflice.". 
SEC. 324. PROCUREMENT OF SUPPLIES AND SERVICES FROM MILITARY 
EXCHANGES OUTSIDE THE UNITED STATES 
(a) IN GENERAL.—Chapter 143 of title 10, United States Code, is 
amended by adding after section 2423 (as added by section 323) the 
following new section: 
"§ 2424. Procurement of supplies and services from exchange 
stores outside the United States 
"(a) AUTHORITY.—The Secretary of Defense may authorize an 
element of the Department of Defense to enter into a contract 
(through the use of procedures other than competitive procedures) 
with an exchange store operated under the jurisdiction of the 
Secretary of a military department outside the United States to 
procure supplies or services for use by the armed forces outside the 
United States, 
"(b) LIMITATIONS.—(1) A contract may not be entered into under 
subsection (a) in an amount in excess of $50,000, 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1415 
"(2) Supplies provided under a contract entered into under subsec-
tion (a) shall be provided from the stocks of the exchange store on 
hand as of the date the contract is entered into with that exchange 
store. 
"(3) A contract entered into with an exchange store under subsec-
tion (a) may not provide for the procurement of services not regu-
larly provided by that exchange store.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding after the item relating to 
section 2423 (as added by section 323) the following new item: 
"2424. Procurement of supplies and services from exchange stores outside the 
United States.". 
SEC. 325. TUITION-FREE ENROLLMENT OF DEPENDENTS OF CERTAIN 
EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTAL-
ITIES IN SCHOOLS OF THE DEFENSE DEPENDENTS' EDU-
CATION SYSTEM 
(a) 
SPONSOR 
DEFINED 
TO 
INCLUDE 
CERTAIN 
EMPLOYEES 
OF 
NONAPPROPRIATED FUND INSTRUMENTALITIES.—Section 1414(2) of the 
Defense Dependents' Education Act of 1978 (20 U.S.C. 932(2)) is 
amended to read as follows: 
"(2) The term 'sponsor' means a person— 
"(A) who is— 
"(i) a member of the Armed Forces serving on active 
duty, or 
"(ii) a full-time civilian officer or employee of the 
Department of Defense and a citizen or national of the 
United States; and 
"(B) who is authorized to transport dependents to or from 
an overseas area at Grovernment expense and is provided an 
allowsmce for living quarters in that area.". 
(b) CONFORMING AMENDMENT.—Section 1404(dXl) of such Act (20 
U.S.C. 923(dXl)) is amended by striking out "(including employees of 
nonappropriated fund activities of the Department of Defense)" in 
subparagraph (A) and inserting in lieu thereof "(other than civilian 
officers and employees who are sponsors under section 1414(2))". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
lo USC 923 
apply with respect to periods of enrollment in schools of the defense 
note. 
dependents' education system beginning after September 30, 1989. 
SEC. 326. AUTHORITY TO USE APPROPRIATED FUNDS TO SUPPORT STU-
DENT MEAL PROGRAMS IN DEPARTMENT OF DEFENSE OVER-
SEAS DEPENDENTS' SCHOOLS 
(a) AUTHORITY PROVIDED.—Subchapter I of chapter 134 of title 10, 
United States (Dode, is amended by adding at the end the following 
new section: 
"§ 2243. Authority to use appropriated funds to support student 
meal programs in overseas dependents' schools 
"(a) AUTHORITY.—Subject to subsection (b), amounts appropriated 
to the Department of Defense for the operation of the defense 
dependents' education system may be used by the Secretary of 
Defense to enable an overseas meal program to provide students 
enrolled in that system with meals at a price equal to the average 
price paid by students for equivalent meals under a comparable 
public school meal program in the United States. 
iUd STAT. 1416 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(b) LIMITATION.—The authority provided by subsection (a) may be 
used only if the Secretary of Defense determines that Federal 
pa3rments and commodities provided under section 20 of the Na-
tional School Lunch Act (42 U.S.C. 1769b) and section 20 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1789) to support an overseas meal 
program are insufficient to provide meals under that program at a 
price for students equal to the average price paid by students for 
equivalent meals under a comparable public school meal program in 
the United States. 
"(c) DETERMINING AVERAGE PRICE.—In determining the average 
price paid by students in the United States for meals under a school 
meal program, the Secretary of Defense shall exclude free and 
reduced price meals provided pursuant to income guidelines. 
"(d) OVERSEAS MEAL PROGRAM DEFINED.—In this section, the term 
'overseas meal program' means a program administered by the 
Secretary of Defense to provide breakfasts or lunches to students 
attending Department of Defense dependents' schools which are 
located outside the United States.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such subchapter is amended by adding at the end the following 
new item: 
"2243. Authority to use appropriated funds to support student meal programs in 
overseas dependents' schools.". 
SEC. 327. COMMERCIAL SALE OF RECORDING OF AIR FORCE SINGING 
SERGEANTS 
The Secretary of the Air Force may enter into an appropriate 
contract providing for the production and commercial sale of a 
recording made on April 9, 1989, by the Cincinnati Pops Orchestra 
and members of the Air Force known as the United States Air Force 
Singing Sergeants. Any contract entered into under this section 
shall contain such provisions as the Secretary considers appropriate 
to protect the interests of the United States. 
Hawaii. 
SEC. 328. TRANSPORTATION OF MOTOR VEHICLES OF MILITARY AND 
CIVILIAN PERSONNEL STATIONED ON JOHNSTON ISLAND 
(a) AUTHORITY TO TRANSPORT.—(1) When a member of the Armed 
Forces or an employee of the Department of Defense is assigned to 
permanent duty on Johnston Island, one motor vehicle that is 
owned by the member or employee (or a dependent of the member or 
employee) may be transported at the expense of the United States to 
a location in the State of Hawaii from the old duty station of the 
member or employee (or from a location of lesser distance) if the 
member or employee designates Hawaii as the State in which the 
immediate family of the member or employee will reside. 
(2) When a member or employee is reassigned from Johnston 
Island to a new permanent duty station, one motor vehicle that is 
owned by the member or employee (or a dependent of the member or 
employee) may be transported at the expense of the United States 
from the residence in the State of Hawaii of the dependents of the 
member or employee— 
(A) to the new duty station of the member or employee; or 
(B) at the request of the member or employee, to such other 
location not greater than the distance allowed under para-
graph (1). 
(b) REGULATIONS.—Subsection (a) shall be carried out under regu-
lations prescribed by the Secretary of Defense. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1417 
SEC. 329. AUTHORITY TO PROVIDE CERTAIN ASSISTANCE TO ANNUAL 
CONVENTIONS OF NATIONAL MILITARY ASSOCIATIONS 
(a) AUTHORITY.—(1) Chapter 151 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 2548. National military associations: assistance at national 
conventions 
"(a) AUTHORITY TO PROVIDE SERVICES.—The Secretary of a mili-
tary department may provide services described in subsection (c) in 
connection with an annual conference or convention of a national 
militaiy association. 
"(b) CONDITIONS FOR PROVIDING SERVICES.—Services may be pro-
vided under this section only if^ 
"(1) the provision of the services in any case is approved in 
advance by the Secretary concerned; 
"(2) the services can be provided in corgunction with training 
in appropriate military skills; and 
"(3) the services can be provided within existing funds other-
wise available to the Secretary concerned. 
"(c) COVERED SERVICES.—Services that may be provided under this 
section are— 
"(1) limited air and ground transportation; 
"(2) communications; 
' 
"(3) medical assistance; 
"(4) administrative support; and 
"(5) security support. 
"(d) NATIONAL MILITARY ASSOCIATIONS.—The Secretary of Defense 
shall designate those organizations which are national military 
associations for purposes of this section. 
"(e) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations to carry out this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2548. National military associations: assistance at national conventions.". 
(b) EFFECTIVE DATE.—Section 2548 of title 10, United States Code, 
lo use 2548 
as added by subsection (a), shall take effect on the date of the ^ote. 
enactment of this Act. 
SEC. 330. AUTHORITY TO LEASE FLEET ELECTRONIC WARFARE SUPPORT 
AIRCRAFT 
Section 328 of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 1957), is amended by 
striking out "such a lease" and all that follows through the period 
and inserting in lieu thereof "leasing, operating, and supporting 
such aircraft is less thein the projected costs of operating and 
maintaining existing aircraft of the Navy for the same activity.". 
SEC. 331. ENERGY EFFICIENCY INCENTIVE 
Section 736 of the National Defense Authorization Act, Fiscal 
Year 1989 (102 Stat. 2006; 42 U.S.C. 8287 note), is amended as 
follows: 
(1) In subsection (a), by striking out "first-year energy cost 
savings (as defined in subsection (d)) realized" and insei^ing in 
lieu thereof "energy cost savings realized by the United States 
" 
during the first five years". 
(2) In subsection (b)— 
103 STAT. 1418 
PUBLIC LAW 101-189—NOV. 29, 1989 
Nevada. 
Marshall 
Islands. 
Employment 
and unem-
ployment. 
(A) by striking out "First-year energy savings" and 
inserting in lieu thereof "The energy cost savings realized 
- > 
by the United States in each of the first five years under a 
contract"; and 
(B) by striking out paragraph (1) and inserting in lieu 
thereof the following: 
"(1) One-half of the amount of such savings may be used for 
the acquisition of energy conserving measures for military 
installations, and such measures may be in addition to any such 
energy conservii^ measures acquired for military installations 
under contracts entered into under title Vni of the National 
< ' 
Energy Ck)nservation Policy Act.". 
(3) In subsection (c)— 
(A) by striking out "end of the first year" and inserting in 
lieu thereof "end of each of the first five years"; and 
io 
(B) by striking out "first-year energy cost savings realized 
under the terms of the contract during that year by the 
i 
military department concerned" and inserting in lieu 
thereof "energy cost savings realized by the United States 
under the terms of the contract during that year". 
(4) By striking out subsection (d). 
SEC. 332. AUTHORiry TO ACQUIRE RAILROAD TRACK STRUCTURE AND 
TEMPORARY RIGHT-OF-WAY FOR RAIL LINE 
The Secretary of the Army may purchase the railroad track 
structure and temporary right-of-way in the State of Nevada for the 
railroad line known as the Mina Branch, located between milepost 
331.12, near Wabuska, Nevada, and milepost 385.00, near Thorne, 
Nevada, for use in connection with the operation of Hawthorne 
Army Ammunition Plant, Nevada. The Secretary may use any 
funds appropriated pursuant to section 301 for the Army for fiscal 
year 1990 to carry out the preceding sentence. 
SEC. 333. AUTHORIZATION OF LONG-TERM AIRCRAFT SUPPORT CON-
TRACT 
The Secretary of the Army may enter into a long-term contract 
pursuant to section 2401 of title 10, United States Code, that in-
cludes a lease for the provision of air transportation at Kwajalein 
AtoU, Republic of the Marshall Islands, if— 
(1) the contract does not impoNse a substantial termination 
liability on the United States within the meaning of section 
2401(aXlXB) of title 10, United States Code; and 
(2) the contract is made subject to the availability of funds for 
suchpurp<»e. 
SEC. 334. SERVICE 
CONTRACT TO TRAIN 
UNDERGRADUATE 
NAVAL 
FUGHT OFFICERS 
In accordance with sections 2304 and 2401 of title 10, United 
States Code, ihe Secretary of the Navy may enter into a contract (to 
commence after September 30, 1990) for services with resi)ect to the 
training of undergraduate naval flight officers. 
S E a 335. DEFENSE CONTRACT AUDITORS 
The Secretary of Defense, not later than September 30,1990, shall 
increase the number of full-time personnel employed by the Defense 
Contract Audit Agency to 7,457, of which not less than 6,488 shall be 
auditors. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1419 
SEC. 336. UNIFORM ALLOWANCE FOR CIVILIAN EMPLOYEES OF THE 
DEPARTMENT OF DEFENSE REQUIRED TO WEAR UNIFORMS 
(a) ALLOWANCE AUTHORIZED.—(1) Chapter 81 of title 10, United 
States Code, is amended by adding after section 1592 (as added by 
section 311(b)) the following new section: 
"§ 1593. Uniform allowance: civilian employees 
"(a) ALLOWANCE AUTHORIZED.—(1) The Secretary of Defense may 
pay an allowance to each civilian employee of the Department of 
Defense who is required by law or regulation to wear a prescribed 
uniform in the performance of official duties. 
"(2) In lieu of providing an allowance under paragraph (1), the 
Secretary may provide a uniform to a civilian employee referred to 
in such paragraph. 
"(3) This subsection shall not apply with respect to a civilisin 
employee of the Defense Intelligence Agency who is entitled to an 
allowance under section 1606 of this title. 
"(h) AMOUNT OF ALLOWANCE.—Notwithstanding section 5901(a) of 
title 5, the amount of an allowance paid, and the cost of uniforms 
provided, under subsection (a) to a civilian employee may not exceed 
$400 per year. 
"(c) TREATMENT OF ALLOWANCE.—An allowance paid, or uniform 
provided, under subsection (a) shall be treated in the same manner 
as is provided in section 5901(c) of title 5 for an allowance paid under 
that section.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 1592 (as added 
by section 311(b)) the following new item: 
"1593. Uniform allowance: civilian employees.". 
(b) (DONFORMING AMENDMENT.—Section 1606(bX2) of title 10, 
United States CJode, is amended by striking out "$360 per year." and 
inserting in lieu thereof "The maximum allowance provided under 
section 1593(b) of this title.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
lo usc 1593 
take effect on Jsmuary 1, 1990. 
note. 
PART D—ARMED FORCES RETIREMENT HOMES 
Veterans. 
SEC. 341. UNITED STATES SOLDIERS' AND AIRMEN'S HOME SUBJECT TO 
ANNUAL AUTHORIZATIONS OF APPROPRIATIONS 
(a) IN GENERAL.—Section 1321(b) of title 31, United States Code, is 
amended— 
(1) by inserting before the period in the third sentence the 
following: "and only if the appropriations are specifically 
authorized by law"; and 
(2) by strilung out the last sentence. 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
lo usc 1321 
shall apply with respect to appropriations for the operation of the 
note. 
United States Soldiers' and Airmen's Home made for fiscal years 
after fiscal year 1990. 
SEC. 342. MILITARY FINES AND FORFEITURES TO BENEFIT ARMED 
FORCES RETIREMENT HOMES 
(a) IN GENERAL.—(1) Chapter 165 of title 10, United States Code, is 
amended by inserting after section 2771 the following new section: 
103 STAT. 1420 
PUBLIC LAW 101-189—NOV. 29, 1989 
"§2772. Share of fines and forfeitures to benefit Armed Forces 
retirement homes 
"(aXD The Secretary of the Army and the Secretary of the Air 
Force shall deposit in the Soldiers' Home, permanent fund, referred 
to in section 1321(aX59) of title 31 a percentage (determined under 
paragraph (2)) of the following amounts: 
"(A) The amount of fines adjudged against an enlisted 
member or warrant ofRcer in the Army or the Air Force by 
sentence of a court-martial or under authority of section 815 of 
this title (article 15) over and above any amount that may be 
due from the member or warrant officer for the reimbursement 
of the United States or any individual. 
"(B) The amount of forfeitures on account of the desertion of 
an enlisted member or warrant officer in the Army or the Air 
Force. 
"(2) The board of commissioners for the United States Soldiers' 
and Airmen's Home shall determine, on the basis of the financial 
needs of that home, the percentage of the amounts referred to in 
paragraph (1) to be deposited in the Soldiers' Home, permanent 
fund. 
"(bXD The Secretary of the Navy shall credit to the funds avail-
able for the operation of the Naval Home a percentage (determined 
under paragraph (2)) of the following amounts: 
'(A) The amount of fines adjudged against an enlisted 
member or warrant officer in the Navy, Marine (Dorps, or (Doast 
Guard (when it is operating as a service in the Naw) by 
sentence of a court-martial or under authority of section 815 of 
this title (article 15) over and above any amount that may be 
due from the member or warrant officer for the reimbursement 
of the United States or any individual. 
"(B) The amount of forfeitures on account of the desertion of 
an enlisted member or warrant officer in the Navy, Marine 
(Dorps, or (Doast Guard (when it is operating as a service in the 
Navy). 
"(2) The Governor of the Naval Home shall determine, on the 
basis of the financial needs of the Naval Home, the percentage of 
the amounts referred to in paragraph (1) to be credited under such 
paragraph.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2771 the 
following new item: 
"2772. Share of fines and forfeitures to benefit Armed Forces retirement homes.". 
10 use 2772 
(b) APPUCATION OF AMENDMENTS.—(1) Subsection (a) of section 
note. 
2772 of such title, as added by subsection (a), shall apply with respect 
to fines and forfeitures adjudged after the date of the enactment of 
this Act. 
(2) Subsection (b) of such section shall apply with respect to fines 
and forfeitures adjudged after May 31,1990. 
SEC. 343. DEDUCTIONS FROM THE PAY OF ENLISTED MEMBERS AND 
WARRANT OFFICERS TO BENEFIT ARMED FORCES RETIRE-
MENT HOMES 
(a) IN GENERAL.—Section 1007 of title 37, United States (Dode, is 
amended by adding at the end the following new subsection: 
"(iXD There shall be deducted each month from the pay of each 
enlisted member and warrant officer of the armed forces on active 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1421 
duty an amount (determined imder paragraph (3)) not to exceed 50 
cents. 
"(2) Amounts deducted under paragraph (1) shall be— 
"(A) deposited in the Sol(tiers' Home, permanent fund, in the 
case of deductions from the pay of enlisted members and war-
rant officers in the Army and Air Force; and 
"(B) credited to the funds available for the operation of the 
Naval Home, in the case of deductions from the pay of enlisted 
members and warrant officers in the Navy, Marine Corps, or 
Ck>ast Guard (when it is operating as a service in the Navy). 
"(3) The Secretary of Defense, after consultation with the Gov-
ernor of the Naval Home and the board of commissioners for the 
United States Soldiers' and Airmen's Home, shall determine from 
time to time the amount to be deducted imder paragraph (1) from 
the pay of enlisted members and warrant officers on the basis of the 
financial needs of the homes. The amount to be deducted may be 
fixed at different amounts on the basis of grade or length of service, 
or both. 
"(4) In this subsection, the term 'armed forces' does not include 
the (Doast Guard when it is not operating as a service in the Navy. 
"(5) This subsection does not apply to an enlisted member or 
warrant officer of a reserve component.". 
(b) EFFBXTnvE DATE.—(1) Except as provided in paragraph (2), 37 USC 1007 
subsection (i) of section lO&J of title 37, United States C!ode, as added 
note. 
by subsection (a), shall take effect on the first day of the first month 
beginning after the date of the enactment of this Act. 
(2) With respect to deductions from the pay of an enlisted member 
or warrant officer in the Navy, Marine Cori», or C!oast Guard (when 
it is operating as a service in the Navy), such subsection shall take 
effect on October 1,1990. 
SEC. 344. INSPECTION OF ARMED FORCES RETIREMENT HOMES BY 
INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE 
During fiscal year 1990, the Inspector (reneral of the Department 
of Defense shall— 
(1) conduct an inspection of each Armed Forces Retirement 
Home, including the records of that retirement home; and 
(2) submit to the administering authority of that retirement 
Reports. 
home, the Secretary of Defense, and the Committees on Armed 
Services of the Senate and House of Representatives a report— 
(A) describing the results of the inspection; and 
(B) containing such recommendations as the Inspector 
General considers appropriate, including any recommenda-
tion for future inspections of the retirement homes by the 
Inspector General. 
SEC. 345. REPORT 
REGARDING 
IMPROVING 
THE 
OPERATION 
AND 
MANAGEMENT OF THE ARMED FORCES RETIREMENT HOMES 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit 
to the (Committees on Armed Services of the Senate and House of 
Representatives a report with r ^ a r d to improving the operation 
and management of the Armed Forces Retirement Homes. 
(b) (CONTENT OF THE REPORT.—The report required by subsection 
(a) shall— 
(1) address the feasibility of consolidating the administration 
and management of the retirement homes; 
103 STAT. 1422 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) address the feasibility of standardizing (and include 
proposals to standardize)— 
(A) the eligibility requirements for admission to the 
retirement homes for persons who served as enlisted mem-
bers or warrant officers in the Armed Forces; 
(B) the monthly fees paid by residents of the retirement 
f
-
.
: • 
homes; and 
(C) the funding arrangements for the retirement homes 
through a single trust fund; and 
(3) include proposals to administer the retirement homes 
through a joint board of directors. 
(c) PREPARATION OF THE REPORT.—(1) The Secretary shall appoint 
a board of five members to review the administration and financing 
of the United States Soldiers' and Airmen's Home and the Naval 
Home and to prepare the report required by subsection (a). 
(2) The members of the board shall be appointed from persons 
who— 
(A) are not officers or employees of the United States; and 
(B) are experts in the fields of gerontology, health care, or the 
provision of care for elderly persons. 
(d) EXPENSES OF PREPARATION.—The expenses of preparing the 
report required by subsection (a) shall be paid in equal amounts out 
of the funds available for the operation of the United States Sol-
diers' and Airmen's Home and the Naval Home. 
(e) TIME FOR SUBMISSION.—The report required by subsection (a) 
shall be submitted not later than February 15, 1990. 
SEC. 346. DEFINITIONS 
For purposes of this part: 
(1) The terms "Armed Forces Retirement Home" and "retire-
ment home" mean the United States Soldiers' and Airmen's 
Home or the Naval Home. 
(2) The term "administering authority" means— 
(A) the board of commissioners for the United States 
Soldiers' and Airmen's Home, in the case of that home; and 
(B) the Governor of the Naval Home, in the case of that 
home. 
(3) The term "Armed Forces" does not include the Coast 
Guard when it is not operating as a service in the Navy. 
SEC. 347. REPEAL OF SUPERSEDED PROVISIONS RELATING TO THE 
UNITED STATES SOLDIERS' AND AIRMEN'S HOME 
The following provisions of law are repealed: 
(1) Sections 4818, 4820, and 4823, and the first and third 
sentences of section 4819, of the Revised Statutes of the United 
States (24 U.S.C. 44, 51, 53). 
(2) Sections 2 through 6 of the Act entitled "An Act prescrib-
ing regulations for the Soldiers' Home located at Washington, in 
the District of Columbia, and for other purposes", approved 
March 3, 1883 (22 Stat. 564; 24 U.S.C. 52, 55, 56, 57, 60). 
(3) The Act entitled "An Act to authorize the Treasurer of the 
United States to receive and keep on deposit funds of the 
Soldiers' Home in the District of Columbia", approved January 
16, 1891 (26 Stat. 718; 24 U.S.C. 47). 
(4) Section 2(a) of Public Law 94-454 (90 Stat. 1518; 24 U.S.C. 
44c). 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1423 
10 use 2701 
note. 
PARTE—ENVIRONMENTAL PROVISIONS 
SEC. 351. LIMITATION ON USE OF ENVIRONMENTAL RESTORATION FUNDS 
Reports. 
Of the total amount appropriated pursuant to section 301 for 
environmental restoration for fiscal year 1990, not more than 
$517,800,000 may be obligated or expended until the Secretary of 
Defense submits to the Committees on Armed Services of the Senate 
and House of Representatives a report describing the manner in 
which funds for such purpose (up to that limit) have been obligated. 
SEC. 352. REQUIREMENT FOR DEVELOPMENT OF ENVIRONMENTAL DATA 
BASE 
(a) ENVIRONMENTAL DATA BASE.—The Secretary of Defense shall 
develop and maintain a comprehensive data base on environmental 
activities carried out by the Department of Defense pursuant to, and 
environmental compliance obligations to which the Department is 
subject under, chapter 160 of title 10, United States Code, and all 
other applicable Federal and State environmental laws. At a mini-
mum, the information in the data base shall include all the fines 
and penalties assessed against the Department of Defense pursuant 
to environmental laws and paid by the Department, all notices of 
violations of environmental laws received by the Department, and 
all obligations of the Department for compliance with environ-
mental laws. The Secretary may include any other information he 
considers appropriate. 
(b) REPORT.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on the progress in development of the data 
base required under subsection (a). The report shall include a sum-
mary of the information collected for the data base with respect to 
environmental activities during 1989. 
SEC. 353. FIVE-YEAR PLAN FOR ENVIRONMENTAL RESTORATION AT 
BASES TO BE CLOSED 
(a) PLAN.—The Secretary of Defense shall develop a comprehen- 
10 USC 2687 
sive five-year plan for environmental restoration at military 
"°^-
installations that will be closed or realigned during fiscal years 1991 
through 1995, pursuant to title II of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public Law 
100-526; 102 Stat. 2627). The plan shall cover— 
(1) the environmental restoration activities that the Secretary 
plans to carry out each year at the installations; 
(2) the funding requirements needed for such activities; and 
(3) such other information as the Secretary considers appro-
priate. 
(b) REPORT.—At the same time the President submits to C!ongress 
the budget for fiscal year 1991 (pursuant to section 1105 of title 31, 
United States CJode), the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on the five-year plan required under subsec-
tion (a). The report shall include an itemization of the funding 
requirements specified in the plan for environmental restoration 
activities during fiscal year 1991. 
103 STAT. 1424 
PUBLIC LAW 101-189—NOV. 29, 1989 
Hazardous 
materials. 
10 use 2701 
note. 
Reports. 
SEC. 354. FUNDING FOR WASTE MINIMIZATION PROGRAMS FOR CERTAIN 
INDUSTRIAL-TYPE ACTIVITIES OF THE DEPARTMENT OF DE-
FENSE 
(a) REQUIKEMENT TO ESTABLISH WASTE MINIMIZATION P*ROGIIAM.— 
The Secretary of Defense shall require the Secretary of each mili-
tary department to establish a program for fiscal year 1992 to 
reduce the volume of solid and hazardous wastes disposed of, and 
hazardous materials used by, each industrial-type activity within 
the department that is a depot maintenance installation and for 
which a workii^-capital fimd has been established imder section 
2208 of title 10, United States Code. 
(b) FUNDING.—Funding for the waste minimization program in 
each military department shall come out of payments received by 
the working-capital funds established for industrial-type and 
commercial-type activities of the department. The level of funding 
for fiscal year 1992 shall be not less than % of 1 percent of the 
amount of such payments received during fiscal year 1988 that were 
used for depot maintenance installation functions at industrial-t3T)e 
activities. The required level of funding for fiscal year 1992 may be 
reduced by amounts expended for waste minimization during fiscal 
years 1990 and 1991. In any case in which a military department 
fails to spend funds at the level required by this subsection for the 
waste minimization program, the Secretary concerned shall submit 
to Congress a report explaining the reasons for the failure. 
(c) NOTICE OF EXCLUDED ACTIVITIES.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
submit to Congress the name of each industrial-type or commercial-
type activity of each military department which is not covered by 
the waste minimization program becavise the activity does not carry 
out depot maintenance installation functions. 
(d) USE OF FUNDS.—Funds available for the waste minimization 
pr<^rams established pursuant to this section shall be used to carry 
out waste minimization projects at depot maintenance installations. 
The types of expenses for which such funds may be used include the 
following (if such expense is related to a waste minimization 
project): 
(1) Operating expenses (including salaries). 
(2) Equipment purchase expenses. 
(3) Facility modification expenses. 
(4) Process change expenses. 
(5) Product substitution expenses. 
(6) Military construction expenses. 
(7) Research, development, test, and evaluation expenses. 
(8) Expenses for the lease of equipment or facilities. 
(e) RECOVERY OF COSTS.—Each project carried out at an industrial-
type activity as part of a waste minimization program established 
pursuant to this section shall be designed to achieve, over the 
expected useful life of the project, reductions in the cost of the 
disposal of solid and hazardous wastes generated by the activity in 
an amount which is not less than the cost of the project. The 
Secretary of a military department may provide funds for a project 
that does not meet the requirement of the preceding sentence if the 
Secretary certifies to Congress that— 
(1) the project will result in a reduction of solid or hazardous 
waste disposed of, or hazardous materials used by, the activity; 
or 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1425 
(2) the project will eliminate or reduce the likelihood of harm 
to human health or the environment. 
SEC. 355. SENSE OF CONGRESS CONCERNING INVESTIGATION OF SOIL 
AND WATER CONTAMINATION NEAR MEAD. NEBRASKA 
(a) FINDINGS.—Congress finds the following: 
(1) The Army Corps of Engineers is canying out an investiga-
tion of soil and water contamination at the former Nebraska 
Ordnance Plant near Mead, Nebraska. 
(2) Solvents, polychlorinated bjrphenals. Research Department 
Explosive (RDX), and explosive materials used in making 
ammunition have been discovered during the course of the 
investigation. 
G
>
) SENSE OF CONGRESS.—(1) It is the sense of Congress that the 
Secretary of the Army should carry out the investigation referred to 
in subsection (a) as promptly as possible consistent with other 
environmental cleanup responsibilities, and (2) should continue to 
keep interested parties, including potentially affected residents in 
the area, University of Nebraska officials, and State and local 
government personnel, fully advised of developments relating to the 
investigation and activities at the site. 
SEC. 356. USE OF CHLOROFLUOROCARBONS AND HALONS IN THE 10 USC 2701 
DEPARTMENT OF DEFENSE 
note. 
(a) CHLOROFLUOROCARBONS EMISSION REDUCTION.—The Secretary 
of E)efense shall formulate and carry out, through the Under Sec-
retary of Defense for Acquisition, a program to reduce the unneces-
sary release of chlorofluorocarbons (hereinafter in this section re-
ferred to as "CFCs") and halons into the atmosphere in connection 
with maintenance operations and training and testing practices of 
the Department of Defense. 
(b) REPORT.—(1) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report describing the program the Secretary proposes 
to carry out pursuant to subsection (a). The Secretary shall specify 
in the report the reduction goals that are attainable on the basis of 
known technology, including the use of refrigerant recovery systems 
currently available. The Secretary shall include in the report a 
schedule for meeting those goals. The Secretary shall also include in 
such report reduction goals that can be achieved only with the use of 
new technology and assess the technologies and investment that will 
be required to attain those goals within a five-year period. 
(2) Before the report required under paragraph (1) is submitted to 
the committees named in such pareigraph, the Secretary shall trans-
mit a copy of the report to the Administrator of the Environmental 
Protection Agency for comment. 
(c) DOD REQUIREMENTS FOR CFCS.—(1) Not later than 30 days Establishment, 
after the date of the enactment of this Act, the Secretary shall 
establish an advisory committee to be known as the "CFC Advisory 
Committee" (hereinafter in this section referred to as the "(Commit-
tee"). The (Committee shall be composed of not more than 15 mem-
bers, with an equal number of representatives from the Department 
of Defense, the Environmental Protection Agency, gind defense con-
tractors. Members representing defense contractors shall be contrac-
tors that supply the Department of Defense with products or equip-
ment that require the use of CFCs. 
103 STAT. 1426 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) It shall be the function of the Committee to study (A) the use of 
CFCs by the Department of Defense and by contractors in the 
performance of contracts for the Department of Defense, and (B) the 
cost and feasibility of using alternative compounds for CFCs or using 
alternative technologies that do not require the use of CFCs. 
(3) Within 120 days after the date of the enactment of this Act, the 
Secretary shall provide the Committee with a list of all military 
specifications, standards, and other requirements that specify the 
use of CFCs. 
(4) Within 150 days after the date of the enactment of this Act, the 
Secretary shall provide the Committee with a list of all military 
specifications, standards, and other requirements that do not specify 
use of CFCs but cannot be met without the use of CFCs. 
(d) REPORT.—Not later than September 30, 1990, the Secretary 
shall submit to the committees named in subsection Qi) a report 
containing the results of the study by the Committee. The report 
shall— 
(1) identify cases in which the Committee found that sub-
stitutes for CFCs could be made most expeditiously; 
(2) identify the feasibility and cost of substituting compounds 
or technologies for CFC uses referred to in subsection (cX3) and 
i 
estimate the time necessary for completing the substitution; 
(3) identify CFC uses referred to in subsection (cX4) for which 
substitutes are not currently available and indicate the reasons 
substitutes are not available; 
(4) describe the types of research programs that should be 
undertaken to identify substitute compounds or technologies for 
CFC uses referred to in paragraphs (3) and (4) of subsection (c) 
and estimate the cost of the program; 
(5) recommend procedures to expedite the use of substitute 
compounds and technologies offered by contractors to replace 
CFC uses; 
' 
(6) estimate the earliest date on which CFCs will no longer be 
required for military applications; and 
(7) estimate the cost of revising military specifications for the 
use of substitutes for CFCs, the additional costs resulting from 
modification of Department of Defense contracts to provide for 
5 
the use of substitutes for CFCs, and the cost of purchasing new 
equipment and reverification necessitated by the use of sub-
stitutes for CFCs. 
SEC. 357. ANNUAL REPORT ON DEFENSE BUDGET FOR ENVIRONMENTAL 
COMPLIANCE 
(a) REPORT.—(1) Section 2706 of title 10, United States Code, is 
(A) by inserting "(1)" before "The Secretary of Defense" in 
subsection (a); 
(B) by striking out the subsection heading of subsection 0)), 
redesignating paragraphs (1) through (4) of that subsection as 
subparagraphs (A) through (D), and redesignating such subsec-
tion as paragraph (2); and 
(C) by adding at the end the following new subsection: 
"(b) ENVIRONMENTAL BUDGET REPORT.—(1) Each year, at the same 
time the President submits to Congress the budget for a fiscal year 
(pursuant to section 1105 of title 31), the Secretary of Defense shall 
submit to Congress a report on— 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1427 
"(A) the funding levels required for the Department of De-
fense to comply with applicable environmental laws during the 
fiscal year for which the budget is submitted; and 
"(B) the funding levels requested for such purposes in the 
budget as submitted by the President. 
"(2) The Secretary shall include in the report an explanation of 
any differences in the funding level requirements and the funding 
level requests in the budget.". 
(2XA) The heading of such section is amended to read as follows: 
"§ 2706. Annual reports to Congress". 
(B) The item relating to such section in the table of sections at the 
beginning of chapter 106 of such title is amended to read as follows: 
"2706. Annual reports to Congress.". 
Oa) EFFECTIVE DATE.—The first environmental budget report 
lo use 2706 
under subsection (h) of section 2706 of such title (as added by 
note, 
subsection (a)) shall be submitted at the same time the President 
submits the budget for fiscsd year 1992. 
SEC. 358. REPORT ON ENVIRONMENTAL REQUIREMENTS AND PRIORITIES 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit 
10 USC 2701 
to the CJommittees on Armed Services of the Senate and House of 
"°^-
Representatives a comprehensive report on the long-range environ-
mental challenges and goals of the Department of Defense. 
(b) MATTERS TO BE INCLUDED.—The report under subsection (a) 
shall include the following: 
(1) A discussion of major environmental concerns that the 
Department of Defense will face world-wide in the next decade, 
and a qualitative and quantitative assessment, where prac-
ticable, of each concern. 
(2) A status report of current efforts, programs, resources, and 
policies used to address the concerns identified under paragraph 
(1), including the estimated cost, as of the date of the report, of 
disposing of solid waste and effluent generated by the Depart-
ment of Defense. 
(3) The projected funding for and schedule of actions under 
the Defense Environmental Restoration Program referred to in 
section 2701(aXl) of title 10, United States Ckxie. 
(4) An assessment of anticipated Federal, State, and local 
environmental regulatory requirements and the effects of such 
requirements on operations and activities of the Department of 
Defense. 
(5) An analysis of all the information described in paragraphs 
(1) through (4) and a discussion of potential courses of action, 
priorities, and goals of the Department of Defense, including the 
adoption of alternative waste minimization and disposal poli-
cies, such as requiring the purchase of biodegradable plastics 
and recycled paper, the recycling of post-consumer waste, and 
the consumption of ethanol and other alternative fuels. 
(6) Such comments and recommendations as the Secretary 
considers appropriate. 
(c) SUBMISSION OF REPORT.—The report required by subsection (a) 
shall be submitted not later than two years after the date of the 
enactment of this Act. 
103 STAT. 1428 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 369. REPORTS ON ENVIRONMENTAL RESTORATION OF JEFFERSON 
PROVING GROUND, INDIANA 
(a) REQUIREMEJTT.—The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives three annual reports and a final report on plans 
and schedules for remediation of the environmental contamination 
at the Jefferson Proving Ground, Indiana, resulting from the activi-
ties of the Department of Defense. 
G
>
) MATTERS TO BE INCLUDED IN FINAL REPORT.—The final report 
required by subsection (a) shall include the following: 
(1) A description of the nature and extent of the environ-
mental contamination, including any contamination resulting 
from hazardous materials. 
(2) A detailed plan to restore all portions of the Jefferson 
Proving Ground south of the firing line to full and unrestricted 
"'•"'" ' • ';'"^' 
u
s
e
. 
(3) A description of all portions of the Jefferson Proving 
Ground which the Department of Defense does not plan to make 
available for full and unrestricted use for reasons of liability, 
costs of cleanup, or any other reason. 
(4) A plan to finance the cleanup of the Jefferson Proving 
' 
^ 
Ground, including estimated costs of the cleanup, identification 
of the sources of funds for cleanup, and a time schedule for 
implementation of cleanup measures. 
(c) CONSULTATION.—The Secretary shall consult with appropriate 
State and local officials in preparing the reports required by subsec-
tion (a). 
(d) DEADUNES.—The first annual report required by subsection (a) 
shall be submitted not later than April 15, 1990. The final report 
required by subsection (a) shall be submitted not later than April 15, 
1993. 
Pollution. 
SEC. 360. STUDY OF ENVIRONMENTAL DAMAGE TO SHENANDOAH RIVER 
(a) STUDY REQUIREMENT.—The Administrator of the Environ-
mental Protection Agency, in consultation with the State of Vir-
ginia, shall conduct a study to determine the environmental damage 
to the Shenandoah River that has resulted, or may be resulting, 
from activities of any company under contract with the Department 
of Defense and the National Aeronautics and Space Administration. 
(b) MATTERS TO BE STUDIED.—In conducting the study, the 
Administrator shall determine the following: 
(1) The degree of the pollution in the Shenandoah River, and 
any other environmentsJ effects on the river, attributable to the 
activities of any company described in subsection (a). 
(2) An estimate of the amount of funds and the length of time 
needed to assure attainment of any water quality standards for 
the river established under section 303 of the Federal Water 
Pollution Control Act, to assure protection of public water 
supplies, and to assure protection and propagation of a bal-
anced, indigenous population of fish (including shellfish) and 
wildlife. 
Reports. 
(g) DEADLINES.—The Administrator shall submit to Congress— 
(1) a plan for canying out the study required by this section 
not later than December 31,1989; 
(2) a progress report on the study not later than June 30,1990; 
and 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1429 
(3) a final report on the study not later than December 31, 
1990. 
SEC. 361. STUDY OF WASTE RECYCLING 
(a) STUDY.—The Secretary of Defense shall conduct a study of the 
10 USC 2701 
following: 
"«*« 
(1) Current 
practices and future 
plans for 
managing 
postconsumer waste at facilities of the Etepartment of Defense 
at which such waste is generated, including commissary and 
exchange stores, cafeterias, and mess halls. 
(2) The feeisibility of such Department of Defense facilities 
participating in programs at military installations or in local 
communities to recycle the postconsumer waste generated at 
the facilities. 
Oa) POSTCONSUMER WASTE DEFINED.—For purposes of this section, 
the term "postconsumer waste" means garbage and refuse, includ-
ing items that have passed through their end use as consumer items. 
(c) REPORT.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to Congress a 
report describing the findings and conclusions of the Secretary 
resulting from the study. 
PART F—MISCELLANEOUS REPORTS 
SEC. 371. R E P O R T ON MILITARY USE OF THE INLAND NAVIGATION 
SYSTEM 
Not later than one year after the date of the enactment of this 
Act, the Secretary of the Army shall submit to Congress a report on 
the potential for obtaining efficiencies, savings, and enhanced mo-
bilization preparedness through increased use of the national 
inland waterway system by the Department of Defense and defense 
industries. 
SEC. 372. REPORT ON MANPOWER, MOBILITY, SUSTAINABILITY, AND 
EQUIPMENT 
(a) REPORT REQUIRED.—The Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a comprehensive report on the readiness of the 
Armed Forces (in terms of manpower, mobility, sustainability, and 
equipment) to perform their assigned missions. The report shall be 
based on the manpower and other resources planned for the Armed 
Forces in the budget for the Department of Defense for fiscal year 
1991. 
Ot)) MATTERS TO BE INCLUDED IN REPORT.—The Secretary shall 
include in the report required by subsection (a) the following: 
(1) A detailed analysis of trends in readiness and sustain-
ability of the military forces of the United States over the five-
year period 1986 to 1990 and, based on the current Five-Year 
Defense Program or other planning document approved by the 
Secretary, a projection of such trends over the succeeding five-
year period. 
(2) A detailed evaluation of the readiness and sustainability of 
the unified combatant commands and the specified combatant 
commands of the Armed Forces. 
(3) A discussion of— 
103 STAT. 1430 
PUBLIC LAW 101-189—NOV. 29, 1989 
(A) the readiness and sustainability of the military forces 
of the United States in terms of the standards approved by 
the Secretary of Defense; 
(B) the readiness and sustainability of allied forces of the 
United States; and 
(C) the readiness and sustainability of potential enemy 
forces. 
(4) A list of all improvements that need to be made in the 
readiness and sustainability of the manpower, mobility, and 
equipment of the Armed Forces to correct major shortfalls of 
the unified combatant commands and the specified combatant 
commands, the relative priority of each such improvement, and 
the estimated cost of each such improvement. 
(5) Such other information regarding the readiness of the 
Aimed Forces (in terms of manpower, mobility, sustainability, 
and equipment) as the Secretary considers appropriate. 
(c) PRiORiry FOE IMPROVEMENTS.—The relative priority of the 
improvements referred to in subsection (bX4) shall be determined by 
the Secretary on the basis of the improvements necessary to ensure 
the ability of the Armed Forces to perform their assigned missions 
and the ability of the United States to meet its military commit-
ments. 
(d) SUBMISSION OF REPORT.—The Secretary shall submit the report 
required by subsection (a), tt^ether with such comments and rec-
ommendations as the Secretary considers appropriate, not later 
than February 15,1990. 
SEC 373. REPORT ON SECOND SOURCE FOR CARBONIZABLE RAYON YARN 
(a) REPORT REQUIRED.—The Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the prepress and schedule (including a 
time certain) for the Department of Defense to establish a certified 
second production source for carbonizable rayon yam for use by the 
Department of Defense and the National Aeronautics and Space 
Administration on heat shields and rocket nozzles of reentry space 
vehicles. 
(b) TEMra FOB SUBMISSION.—The report reqmred by subsection (a) 
shall be submitted not later than 60 days after the date of the 
enactment of this Act. 
SEC 374. REPORT ON MILITARY RECRUITING ADVERTISING EXPENDI-
TURES 
Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
evaluating— 
(1) the results of using each of the t3^pes of media for military 
recruiting purposes; and 
H 
(2) the anticipated effects on military recruitment of devoting 
. 
to print media advertising each year a greater portion of the 
total expenditures made in a year for recruitment advertising. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1431 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
PART A—ACTIVE FORCES 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES 
(a) FISCAL YEAR 1990.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 1990, as 
follows: 
(1) The Army, 764,021, of which not more than 106,001 may be 
f: 
officers. 
(2) The Navy, 591,541, of which not more than 72,493 may be 
officers. 
(3) The Marine Corps, 197,159, of which not more than 20,110 
may be officers. 
(4) The Air Force, 567,474, of which not more thaif 102,200 
may be officers. 
Oa) FISCAL YEAR 1991.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 1991, as 
follows: 
(1) The Army, 763,721, of which not more than 105,675 may be 
officers. 
(2) The Navy, 591,541, of which not more than 72,313 may be 
- ' 
officers. 
(3) The Marine Corps, 197,159, of which not more than 20,108 
may be officers. 
(4) The Air Force, 562,415, of which not more than 102,069 
may be officers. 
SEC. 402. REDUCTION FOR FISCAL YEAR 1991 IN NUMBER OF AIR FORCE 
10 USC 523 
COLONELS 
note-
The number of officers that O^ut for this section) would be au-
thorized under section 523 of title 10, United States Code, and other 
applicable provisions of law to be serving on active duty in the Air 
Force in the grade of colonel during fiscal year 1991 is hereby 
reduced by 250. 
SEC. 403. TEMPORARY INCREASE IN OFFICER GRADE LIMITATIONS 
(a) AUTHORFTY T o INCREASE NUMBERS FOR FiSCAL Y E A R S 1990 AND 
10 USC 523 
1991.—The Secretary of Defense may increase the strength-in-grade "°*e-
limitations specified in section 523(a) of title 10, United States Code, 
by a total of 250 positions, to be distributed among grades and 
services as the Secretary considers appropriate. Any increase pursu-
ant to the preceding sentence in an otherwise applicable limitation 
shall expire, as specified by the Secretary, not later than Septem-
ber 30,1991. 
(b) REPORT ON GRADE TABLE RESTRICTIONS.—The Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a comprehensive report on the 
adequacy of the strength-in-grade limitations prescribed in section 
523(a) of title 10, United States Code. The report shall particularly 
address how those limitations affect the ability of the Department of 
Defense to recruit and retain nurses and other health professionals 
for service on active duty. The report shall include such rec-
ommendations as the Secretary considers appropriate and shall be 
submitted not later than March 1,1990. 
103 STAT. 1432 
PUBLIC LAW 101-189—NOV. 29, 1989 
PARTB—RESERVE FORCES 
n i l 
SEC 
4
1
1
. 
END 
STRENGTHS 
FOR 
SELECTED 
RESERVE 
10 use 261 note. 
(a) FiscAL YEAR 1990.—The Armed Forces are authorized 
strengOis for Selected Reserve personnel of the reserve components 
as of September 30,1990, as follows: 
(1) The Army National Guard of the United States, 458,000. 
(2) The Army Reserve, 321,700. 
(3) The Naval Reserve, 153,400. 
(4) The Marine Corps Reserve, 44,000. 
(5) The Air National Guard of the United States, 116,200. 
(6) The Air Force Reserve, 84,900. 
(7) The Coast Guard Reserve, 15,000. 
(b) FISCAL YEAR 1991.—^ITie Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve components 
as of September 30,1991, as follows: 
(1) The Army National Guard of the United States, 458,500. 
(2) The Army Reserve, 323,100. 
(3) The Naval Reserve, 155,000. 
(4) The Marine Corps Reserve, 44,100. 
(5) The Air National Guard of the United States, 116,300. 
(6) The Air Force Reserve, 85,200. 
-H 
(7) The Coast Guard Reserve, 15,150. 
(c) WAIVER AUTHORITY.—The Secretary of Defense may vary an 
end strength authorized by subsection (a) or subsection (b) by not 
more than 2 percent. 
(d) ADJUSTMENTS.—^The end strengths prescribed by subsection (a) 
or (b) for the Selected Reserve of any reserve component shall be 
proportionately reduced by— 
(1) the total authorized strength of units organized to serve as 
units of the Selected Reserve of such component which are on 
active duty (other than for training) at the end of the fiscal year, 
and 
(2) the total nimiber of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duiy (other than for training or 
for unsatisfactory participation in training) without their con-
sent at the end of the fiscal year. 
Whenever such units or such individual members are released from 
active duty during any fiscal year, the end strength prescribed for 
such fiscal year for the Selected Reserve of such reserve component 
shall be proportionately increased by the total authorized strength 
of such units and by the total number of such individual members. 
SEC. 4
1
2
. 
END 
STRENGTHS 
FOR 
RESERVES 
ON 
ACTIVE 
DUTY 
IN 
SUPPORT 
OF 
THE 
RESERVES 
(a) FISCAL YEAR 1990.—Within the end strengths prescribed in 
section 411(a), the reserve components of the Arm^ Forces are 
authorized, as of September 30, 1990, the following number of 
Reserves to be serving on full-time active duty, or in the case of 
members of the National Guard, full-time National Guard duty, for 
the purpose of oiganizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United States, 26,164. 
(2) The Army Reserve, 13,680. 
(3) The Naval Reserve, 22,708. 
(4) The Marine Cbrps Reserve, 2,301. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1433 
(5) The Air National Guard of the United States, 8,517. 
(6) The Air Force Reserve, 686. 
(b) FISCAL YEAR 1991.—Within the end strengths prescribed in 
section 411(b), the reserve components of the Armed Forces are 
authorized, as of September 30, 1991, the following number of 
Reserves to be serving on full-time active duty or, in the case of 
members of the National Guard, full-time National Guard duty for 
the purpose of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United States, 26,514. 
(2) The Army Reserve, 14,027. 
(3) The Naval Reserve, 23,565. 
(4) The Marine Corps Reserve, 2,401. 
(5) The Air National Guard of the United States, 8,468. 
(6) The Air Force Reserve, 700. 
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AU-
THORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RE-
SERVES 
(a) SENIOR ENUSTED MEMBERS.—(1) The table in section 5170)) of 
title 10, United States Code, is amended to read as follows: 
"Grade 
E-9 
E-8 
(2) Effective on October 1, 
follows: 
"Grade 
E-9 
E-8 
1990, 
Army 
542 
2,504 
Navy 
200 
425 
Air 
Force 
224 
637 
Marine 
Corps 
13 
74". 
that table is amended to read as 
Army 
557 
2,585 
(b) OFFICERS.—(1) The table in section 
amended to read as follows: 
"Grade 
Lieutenant Colonel or Commander 
Army 
3,030 
1,448 
351 
Navy 
202 
429 
524(a) 
Navy 
1,065 
520 
188 
Air 
Force 
231 
670 
of such 
Air 
Force 
575 
476 
190 
Marine 
Corps 
13 
74". 
title is 
Marine 
Corps 
110 
75 
25" 
(2) Effective on October 1, 1990, that table is amended to read as 
Effective date. 
follows: 
103 STAT. 1434 
PUBLIC LAW 101-189—NOV. 29, 1989 
"Grade 
Army 
Navy 
Air 
Marine 
Force 
Corps 
Megor or Lieutenant Commander 
3,219 
1,071 
575 
110 
Lieutenant Colonel or Commander 
1,524 
520 
532 
75 
Colonel or Navy Captain 
364 
188 
194 
25". 
PART C—MILITARY TRAINING STUDENT LOADS 
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS 
(a) FISCAL YEAR 1990.—For fiscal year 1990, the components of the 
Armed Forces are authorized average military training student 
loads as follows: 
(1) The Army, 79,667. 
(2) The Navy, 67,224. 
(3) The Marine Corps, 21,656. 
(4) The Air Force, 39,575. 
(5) The Army National Guard of the United States, 19,168. 
(6) The Army Reserve, 15,377. 
(7) The Naval Reserve, 3,237. 
(8) The Marine Corps Reserve, 4,179. 
(9) The Air National Guard of the United States, 2,941. 
(10) The Air Force Reserve, 1,752. 
(b) FISCAL YEAR 1991.—For fiscal year 1991, the components of the 
Armed Forces are authorized average military training student 
loads as follows: 
(1) The Army, 74,760. 
(2) The Navy, 66,517. 
(3) The Marine Corps, 22,235. 
(4) The Air Force, 37,757. 
(5) The Army National Guard of the United States, 18,667. 
(6) The Army Reserve, 15,963. 
(7) The Naval Reserve, 3,259. 
(8) The Marine Corps Reserve, 4,178. 
(9) The Air National Guard of the United States, 2,939. 
(10) The Air Force Reserve, 1,774. 
(c) ADJUSTMENTS.—The average military student loads authorized 
in subsections (a) and (b) shall be adjusted consistent with the end 
strengths authorized in parts A and B. The Secretary of Defense 
shall prescribe the manner in which such adjustment shall be 
apportioned. 
PART D—AUTHORIZATIONS OF APPROPRIATIONS 
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSON-
NEL FOR FISCAL YEAR 1990 
There is hereby authorized to be appropriated to the Department 
of Defense for military personnel for fiscal year 1990 a total of 
$78,780,742,000. The authorization in the preceding sentence super-
sedes any other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 1990. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1435 
TITLE V—MILITARY PERSONNEL 
PART A—RESERVE (COMPONENTS MATTERS 
SEC. 501. DELAYED ENTRY PROGRAM AND DELAYED ENTRY TRAINING 
PROGRAM FOR RESERVISTS 
(a) DELAYED ENTRY PROGRAM ENLISTMENTS,—(1) Chapter 31 of 
title 10, United States Code, is amended by inserting after section 
512 the following new section: 
**§ 513. Enlistments: Delayed Entry Program 
"(a) A person with no prior military service who is qualified under 
section 505 of this title and applicable r^ulations for enlistment in 
a r^ular component of an armed force may (except as provided in 
subsection (c)) be enlisted as a Reserve for service in the Army 
R^«rve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, 
or Coast Guard Reserve for a term of not less than six years nor 
more than eight years. 
"(b) Unless sooner ordered to active duty under chapter 39 of this 
title or another provision of law, a person enlisted under paragraph 
(1) shall, within 365 days after such enlistment, be discharged from 
the reserve component in which enlisted and immediately be en-
listed in the r ^ u l a r component of an armed force. During the period 
b^inning on tibe date on which the person enlists under subsection 
(a) and ending on the date on which the person is enlisted in a 
r^ular component xinder the preceding sentence, the person shall 
be in the Ready Reserve of the armed force concerned. 
"(c) A person who is under orders to report for induction into an 
armed force under the Military Selective Service Act (50 U.S.C. App. 
451 et seq.), except as provided in clause (ii) or (iii) of section 
6(cX2XA) of that Act, may not be enlisted imder paragraph (1). 
"(d) This section shall be carried out imder regulations to be 
Regulations. 
prescribed by the Secretary of Defense or the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating as a 
service in the Navy.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 512 the 
following new item: 
"513. Enlistraents: Delayed Entry Program.". 
(b) EXEMPTION OF D E P EJNIJSTEES FROM READY RESERVE TRAINING 
REQUIREMENTS.—Section 27(Ka) of title 10, United States Code, is 
amended by inserting "or 513" after "section 269(b)" in the first 
sentence. 
(c) LIMITATION ON CREDITING D E P SERVICE FOR LONGEVITY FOR 
PAY.—Subsection (e) of section 205 of title 37, United States CJode, is 
amended to read as follows: 
"(eXD Notwithstanding sulxsection (a), a period of service de-
scribed in paragraph (2) of a member who enlists in a reserve 
component may not be counted under this section. 
"(2) Paragraph (1) applies to the following service: 
"(A) Service performed while a member of a reserve compo-
nent under an enlistment under section 511(b) or 511(d) of title 
10 before the member begins service on active duty under such 
section (including a period of active duty for training) unless the 
member performs inactive-duty training before beginning serv-
ice on active duty or active duty for training; 
103 STAT. 1436 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(B) Service performed while a member of a reserve compo-
nent under an enlistment under section 513 of title 10 (other 
than a period of active duty to which the member is ordered 
under chapter 39 of title 10 or smother provision of law).". 
SEC. 502. ANNUAL MUSTER DUTY AND MUSTER DUTY PAY FOR READY 
RESERVISTS 
(a) ORDER TO ANNUAL MUSTER DUTY.—(1) Chapter 39 of title 10, 
United States Code, is amended by inserting after section 686 the 
following new section: 
"§ 687. Ready Reserve: muster duty 
"(a) Under regulations prescribed by the Secretary of Defense, a 
member of the Ready Reserve may be ordered without his consent to 
muster duty one time each year. A member ordered to muster duty 
under this section shall be required to perform a minimum of two 
hours of muster duty on the day of muster. 
"(b) The period which a member may be required to devote to 
muster duty under this section, including round-trip travel to and 
from the location of that duty, may not total more than one day 
each calendar year. 
"(c) Except as specified in subsection (d), muster duty (and travel 
directly to and from that duty) under this section shsdl be treated as 
the equivalent of inactive-duty training (and travel directly to and 
from that training) for the purposes of this title and the provisions 
of title 37 (other than section 206(a)) and title 38, including provi-
sions relating to the determination of eligibility for and the receipt 
of benefits and entitlements provided under those titles for Reserves 
performing inactive-duty training and for their dependents and 
survivors. 
"(d) Muster duty under this section shall not be credited in 
determining entitlement to, or in computing, retired pay under 
chapter 67 of this title.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 686 the 
following new item: 
"687. Ready Reserve: muster duty.". 
(b) ALLOWANCE FOR ANNUAL MUSTER DUTY.—(1) Chapter 7 of title 
37, United States (^ode, is amended by adding at the end the 
following new section: 
"§ 433. Allowance for muster duty 
"(a) Under uniform regulations prescribed by the Secretaries 
concerned, a member of the Ready Reserve who is not a member of 
the National Guard or of the Selected Reserve is entitled to an 
allowance for muster duty performed pursuant to section 691 of title 
10 if the member is engaged in that duty for at least two hours. 
"(b) The amount of the allowance under this section shall be 125 
percent of the amount of the avereige per diem rate for the United 
States (other than Alaska and Hawaii) under section 404(dX2XA) of 
this title as in effect on September 30 of the year preceding the year 
in which the muster duty is performed. 
"(c) The allowance authorized by this section may not be disbursed 
in kind and shall be paid to the member on or before the date on 
which the muster duty is performed. The allowance shall constitute 
the single, flat-rate monetary allowance authorized for the perform-
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1437 
ance of muster duty and shall constitute payment in full to the 
member, r^ardless of grade or rank in which serving, as commuta-
tion for travel to the immediate vicinity of the designated muster 
duty location, transportation, subsistence, and the special or 
extraordinary costs of enforced absence from home and civilian 
pursuits, including such absence on weekends and holidays. 
"(d) A member who performs muster duty is not entitled to 
compensation for inactive-duty training under section 206(a) of this 
title for the same period.". 
(2) The table of sections at the b^inning of such chapter is 
amended by adding at the end the following new item: 
"433. Allowance for muster duty.". 
SEC 503. THREE-YEAR EXTENSION OF CERTAIN RESERVE OFFICER 
MANAGEMENT PROGRAMS 
(a) GRADE DETERMINATION AuTHORiry FOR CERTAIN RESERVE MEDI-
CAL OFFICERS.—Sections 3359(b) and 83590t)) of title 10, United States 
Code, are each amended by striking "September 30, 1989" and 
inserting in lieu thereof "September 30,1992". 
(b) PROMOTION AUTHORITY FOR CERTAIN RESERVE OFFICERS SERV-
ING ON ACTIVE DUTY.—(1) Sections 3380(d) and 8380(d) of such title 
are each amended by striking out "September 30, 1989" and insert-
ing in lieu thereof "September 30,1992". 
(2) The Secretary of the Army or the Secretary of the Air Force, as 
lo USC 3380 
appropriate, shall provide, in the case of a Reserve officer appointed 
note. 
to a l ^ h e r grade on or after the date of the enactment of this Act 
under an appointment d^ribed in paragraph (3), that the date of 
rank of such officer under that appointment shall be the date of 
rank that would have applied to the appointment had the authority 
referred to in that paragraph not lapseid. 
(3) An appointment referred to in paragraph (2) is an appointment 
lo usc 3380 
under 3380 or 8380 of title 10, United States Code, that (as deter- note. 
mined by the Secretary concerned) would have been made during 
the period beginning on October 1, 1989, and ending on the date of 
the enactment of this Act had the authority to make appointments 
under that section not lapsed during such period. 
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER TO THE RETIRED Effective date. 
RESERVE.—Effective as of October 1, 1989, section 1016(d) of the 
Department of Defense Authorization Act, 1984 (10 U.S.C. 3360 
note), is amended by striking out "September 30, 1989" and insert-
ing in lieu thereof "September 30,1992". 
SEC. 504. TWO-YEAR EXTENSION OF AUTHORITY FOR CERTAIN SINGLE 
PARENTS TO ENUST IN RESERVE COMPONENTS 
Section 523(d) of the National Defense Authorization Act for 
Fiscal Year 1987 (10 U.S.C. 510 note) is amended by striking out 
"September 30, 1989" and inserting in lieu thereof "September 30, 
1991". 
SEC. 505. TWO-YEAR PROGRAM OF SPECIAL UNIT ASSIGNMENT PAY FOR 
ENLISTED MEMBERS OF SELECTED RESERVE 
(a) SPECIAL PAY.—(1) Chapter 5 of title 37, United States Code, is 
amended by inserting after section 308c the following new section: 
103 STAT. 1438 
PUBLIC LAW 101-189—NOV. 29, 1989 
"§ 308d. Special pay: enlisted members of the Selected Reserve 
assigned to certain high priority units 
Regulations. 
"(a) Under regulations prescribed by the Secretary of Defense, an 
enlisted member who is assigned to a high priority unit of the 
Selected Reserve of the Ready Reserve of an armed force, as des-
ignated under subsection (b), and who performs inactive duty for 
training for compensation under section 206 of this title with such 
unit may be paid compensation, in addition to the compensation to 
which the member is otherwise entitled, in an amount not to exceed 
$10 for each regular period of instruction, or period of appropriate 
duty, at which the member is engaged for at least four hours, 
including any such instruction or duty performed on a Sunday or 
holiday. 
"Oi) The Secretary concerned may designate a unit, for the pur-
poses of subsection (a) and under such terms and conditions as the 
Secretary considers appropriate, as a high priority unit if that unit 
has experienced, or reasonably might be expected to experience, 
critical personnel shortages. The Secretary may vacate a designa-
tion made under this subsection at any time he considers the 
designation no longer necessary. 
"(c) Additional compensation may not be paid under this section 
for inactive duty performed after September 30,1991.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 308c the 
following new item: 
"308d. Special pay: enlisted members of the Selected Reserve assigned to certain 
high priority units.". 
iOUSC308d 
(b) REPORT.—The Secretary of Defense shall submit to the 
^°^^- 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on the administration of the special pay pro-
gram provided for in section 308d of title 37, United States Code, as 
added by subsection (a). The report shall be submitted not later than 
May 1, 1991, and shall include such comments and recommenda-
tions as the Secretary considers appropriate. 
SEC. 506. MILITARY EDUCATION FOR CIVILIAN TECHNICIANS OF THE 
ARMY NATIONAL GUARD 
10 use 709 note. 
(a) BATTLE SKILLS COURSES.—A civilian technician of the Army 
National Guard may not be denied a military promotion because of 
the failure of the technician to attend the Battle Skills Course if the 
technician has requested in writing to attend such a course and has 
not been selected to attend a course that would permit completion of 
the course within one year after such request. If a civilian techni-
cian receives a military promotion before the technician has com-
pleted the Battle Skills Course, the technician shall complete that 
course within one year after the date of the promotion. 
O
o
) TREATMENT OF TRAINING UNDER EARUER PROGRAMS.—For pur-
poses of any reserve component noncommissioned officers education 
program established for the training of civilian technicians of the 
Army National Guard, the Secretary of the Army shall accept as 
meeting the requirements of that program— 
(1) training completed by a civilian technician before Octo-
ber 1, 1987, through courses known as— 
,,, 
(A) Primary Leadership Development courses; 
,; , . 
(B) Basic Noncommissioned Officers courses; and 
(C) Advanced Noncommissioned Officers courses; and 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1439 
7 
(2) an abbreviated course to update leadership training, 
knowledge of doctrine, and tactical skills. 
(c) PLAN.-—(1) The Secretary of the Army shall submit to the 
Committees on .^rmed Services of the Senate and House of Rei>-
resentatives a plan to use State and National Guard Bureau re-
gional academies by October 1, 1993, to provide the portion of the 
Reserve Component Noncommissioned Officers Education System 
specifically related to military occupational specialties. Such plan 
shall also identify personnel, funds, and other resources required to 
implement the plan. 
(2) The Secretary of the Army shall submit the plan required by 
paragraph (1) not later than Apnl 1,1990. 
(d) AMENDMENT.—Section 523 of Public Law 100-456 (102 Stat. 
1974) is amended by striking out "shall" in subsections (a) and (c) 32 USC 709 note. 
and inserting in lieu thereof "may, at the technician's option,". 
PAKT B—OTHEB MATTERS 
SEC. 511. INCREASE IN SERVICE OBUGATION FOR GRADUATES OF THE 
SERVICE ACADEMIES 
AND THE UNIFORMED 
SERVICES 
UNIVERSITY OF THE HEALTH SCIENCES 
(a) UNIFORMED SERVICES UNivERSiry OF THE HEALTH SCIENCES.— 
Section 21140t>) of title 10, United States Code, is amended by 
striking out "seven years" in the fourth sentence and inserting in 
lieu thereof "10 years". 
0>) MILITARY ACADEMY.—Section 4348(aX2XB) of such title is 
amended by striking out "five years" and inserting in lieu thereof 
"six years". 
(c) NAVAL ACADEMY.—Section 6959(aX2XB) of such title is 
amended by striking out "five years" and inserting in lieu thereof 
"six years". 
(d) AIR FORCE ACADEMY.—Section 9348 of such title is amended by 
strikii^ out "five years" and inserting in lieu thereof "six years'. 
(e) EFFECTIVE DATE.—The amendments made by this section shall 
lo usc 2114 
apply to persons who are first admitted to the Uniformed Services 
note. 
University of the Health Sciences or one of the military service 
academies after December 31,1991. 
SEC 512. EXTENSION OF AUTHORITY TO MAKE TEMPORARY PRO-
MOTIONS OF CERTAIN NAVY UEUTENANTS 
(a) THREE-YEAR EXTENSION.—Section 5721(f) of title 10, United 
States Code, is amended by striking out "September 30, 1989" and 
inserting in lieu thereof "September 30,1992'. 
(b) SAVINGS PROVISION.—(1) The Secretary of the Navy shall pro- 
lo USC 5721 
vide, in the case of an officer appointed to the grade of lieutenant 
note. 
commander on or after the date of the enactment of this Act under 
an appointment described in paragraph (2), that the date of rank of 
such officer under that appointment shall be the date of rank that 
would have applied to the appointment had the authority referred 
to in that paragraph not lapsed. 
(2) An appointment referred to in paragraph (1) is an appointment 
under 5721 of title 10, United States Code, that (as determined by 
the Secretary of the Navy) would have been made during the period 
beginning on October 1, 1989, and ending on the date of the enact-
ment of this Act had the authority to in£ike appointments under 
that section not lapsed during such period. 
103 STAT. 1440 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 513. TESTING OF NEW ENTRANTS FOR DRUG AND ALCOHOL ABUSE 
(a) AUTHORITY TO TEST BEFORE ACCESSION.—Subsection (a) of sec-
tion 978 of title 10, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by striking out pareigraph (1) and inserting in lieu thereof 
the following: 
"(1) The Secretary concerned shall require that, except as pro-
vided under paragraph (2), each person applying for an original 
enlistment or appointment in the armed forces shall be required, 
before becoming a member of the armed forces, to— 
"(A) undergo testing Q}y practicable, scientifically supported 
means) for drug and alcohol use; and 
"(B) be evaluated for drug and alcohol dependency. 
"(2) The Secretary concerned may provide that, in lieu of under-
going the testing and evaluation described in paragraph (1) before 
becoming a member of the armed forces, a member of the armed 
forces under the Secretary's jurisdiction may be administered that 
testing and evaluation after the member's initial entry on active 
duty. In any such case, the testing and evaluation shall be carried 
out within 72 hours of the member's initial entry on active duty.". 
(b) CONFORMING AMENDMENTS.—(1) Subsection Qo) of such section 
is amended to read as follows: 
"OJ) A person who refuses to consent to testing and evaluation 
required by subsection (a) may not (unless that person subsequently 
consents to such testing and evaluation)— 
"(1) be accepted for an original enlistment in the armed forces 
or given an original appointment as an officer in the armed 
forces; or 
"(2) if such person is already a member of the armed forces, be 
retained in the armed forces. 
An original appointment of any such person as an officer shall be 
terminated.". 
(2) Subsection (c) of such section is amended— 
(A) by redesignating paragraphs (1) and (2) as paragraphs (2) 
and (3), respectively; 
(B) by inserting at the beginning of the subsection the follow-
ing new paragraph (1): 
"(1) A person determined, as the result of testing conducted 
under subsection (a)(1), to be dependent on drugs or alcohol shall be 
denied entrance into the armed forces."; 
(C) in paragraph (2) (as so redesignated), by striking out 
"subsection (aXlXB)" and inserting in lieu thereof "subsection 
(aX2)"; and 
r 
(D) in paragraph (3) (as so redesignated)— 
(i) by inserting "who is denied entrance into the armed 
forces under paragraph (1), or a" after "A person"; and 
(ii) by striking out "paragraph (1)" and inserting in lieu 
thereof "paragraph (2),'. 
(c) EXCESS LEAVE STATUS FOR PERSONS TESTING POSITIVE.—Subsec-
tion (c) of such section, as amended by subsection (b), is further 
amended by adding at the end the following new paragraph: 
"(4) The Secretary concerned may place on excess leave £uiy 
member of the armed forces whose test results under subsection 
(aX2) are positive for drug or alcohol use. The Secretary may con-
tinue such member's status on excess leave pending disposition of 
the member's case and processing for administrative separation.". 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1441 
(d) TRANSITION PROVISION.—The amendments made by subsec- Effective date. 
tions (a) and (b) shall take effect as of October 1,1989. 
lO USC 978 note. 
SEC. 514. CORRECTION OF MILITARY RECORDS CONCERNING PRO-
MOTIONS AND ENLISTMENTS OF ENLISTED MEMBERS 
(a) AUTHORITY OF SERVICE SECRETARIES.—Subsection (a) of section 
1552 of title 10, United States Code, is amended to read as follows: 
"(aXD The Secretary of a military department may correct any 
military record of the Secretary's department when the Secretary 
considers it necessary to correct an error or remove an injustice. 
Except as provided in paragraph (2), such corrections shall be made 
by the Secretary acting through boards of civilians of the executive 
part of that military department. The Secretary of Transportation 
may in the same manner correct any military record of the Ck)ast 
Guard. 
"(2) The Secretary concerned is not required to act through a 
board in the case of the correction of a military record announcing a 
decision that a person is not eligible to enlist (or reenlist) or is not 
accepted for enlistment (or reenlistment) or announcing a decision 
not to promote an enlisted member to a higher grade. Such a 
correction may be made only if the correction is favorable to the 
person concerned. 
"(3) Ck)rrections under this section shsdl be made under proce-
dures established by the Secretary concerned. In the case of the 
Secretary of a military department, those procedures must be ap-
proved by the Secretary of Defense. 
"(4) Except when procured by fraud, a correction under this 
section is final and conclusive on all officers of the United States.". 
(b) TIME FOR REQUEST FOR CORRECTION.—Subsection O
t
>
) of such 
section is amended by striking out "subsection (a)" both places it 
appears and inserting in lieu thereof "subsection (aXD". 
SEC. 515. TITLE OF ADMISSIONS OFFICER OF UNITED STATES AIR FORCE 
ACADEMY 
(a) CHANGE IN TITLE OF REGISTRAR.—Chapter 903 of title 10, 
United States Code, is amended as follows: 
(1) Section 9331(bX6) is amended by striking out "registrar" 
and inserting in lieu thereof "director of admissions". 
(2) Section 9333(c) is amended by striking out "registrar" and 
inserting in lieu thereof "director of admissions". 
(3) Section 9334(b) is amended by striking out "registrar" and 
inserting in lieu thereof "director of admissions". 
(4) Section 9336(b) is amended by striking out "registrar" each 
place it appears and inserting in lieu thereof "director of admis-
sions". 
(b) CLERICAL AMENDMENTS.—(1) The heading of section 9336 of 
such title is amended to read as follows: 
"§ 9336. Permanent professors; director of admissions". 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 903 of such title is amended to read as follows: 
"9336. Permanent professors; director of admissions.". 
SEC. 516. ELIGIBILITY FOR PRISONER OF WAR MEDAL 
(a) EXTENSION TO MEMBERS HELD BY HOSTILE FORCES.—Section 
1128(a) of title 10, United States Code, is amended— 
(1) by striking out "or" at the end of paragraph (2); 
103 STAT. 1442 
PUBLIC LAW 101-189-NOV. 29, 1989 
(2) by striking out the period at the end of paragraph (3) and 
inserting in lieu thereof "; or"; and 
(3) by adding at the end the following new paragraph: 
"(4) by foreign armed forces that are hostile to the United 
States, under circumstances which the Secretary concerned 
finds to have been comparable to those under which persons 
have generally been held captive by enemy armed forces during 
periods of armed conflict.". 
10 use 1128 
(b) EFFECTIVE DATE.—Paragraph (4) of section 1128(a) of title 10, 
note. 
United States Code, as added by subsection (a), applies with respect 
to periods of captivity after April 5,1917. 
SEC 517. GAO REPORT ON TECHNICAL TRAINING FOR RECRUITS AND 
MEMBERS OF THE RESERVE COMPONENTS 
(a) REPORT REGARDING PROVISION OF TECHNICAL TRAINING.—The 
Comptroller General of the United States shall prepare a report on 
various options for providing technical training for military recruits 
and members of the reserve components. The report shall evaluate 
the practicality and desirability of— 
(1) providing persons who desire to enlist in the Armed Forces 
with technical training either before enlistment or immediately 
after enlistment; 
(2) using civilian institutions of higher education and voca-
tional schools to provide such training; and 
(3) using civilian institutions of higher education and voca-
tional schools to provide training in individual technical skills 
for members of the reserve components. 
(b) MATTERS TO BE INCLUDED IN REPORT.—The report required by 
subsection (a) shall include the following: 
(1) A comparison of (A) technical skills training provided by 
the Armed Forces, with (B) technical skills training available in 
civilian institutions of higher education and vocational schools. 
(2) A description of a program by which a person eligible for 
enlistment in the Armed Forces would receive technical train-
ing in, or under contract with, an institution of higher edu-
V
, cation or vocational school (and a stipend to pursue such train-
ing) (A) before enlistment in exchange for a commitment to 
serve in the Armed Forces, or (B) immediately after basic 
training. 
J 
(3) A description of any personnel savings and other savings 
that could result from the implementation of such a program. 
,
,
.
> 
(4) A description of a program by which institutions of higher 
education and vocational schools would enhance the readiness 
of the reserve components by supplementing 
active-duty 
individual skills training. 
(5) A description of the specific training improvements, if any, 
that could result from the implementation of such a program. 
(6) A description of a demonstration project to test such a 
program, on a limited basis as determined in consultation with 
the Secretary of Defense, together with a description of the cost 
of such demonstration project. 
(c) SUBMISSION OF REPORT.—The Comptroller General shall submit 
the report required by subsection (a) to the Committees on Armed 
Services of the Senate and Hoiise of Representatives not later than 
February 1,1991. 
(d) DEFINITIONS.—For purposes of this section: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1443 
(1) The term 
"technical training" means training 
in 
noncombat skills in technical fields, including electricity, 
machinery, welding, surveying, journalism, and photography. 
(2) The terms "institution of higher education 
and "voca-
tional school" have the meanings given those terms in section 
435 of the Higher Education Act of 1965 (20 U.S.C. 1085). 
SEC. 518. PROVISION OF OFF-DUTY POSTSECONDARY EDUCATION SERV-
ICES OVERSEAS 
Section 1212 of the Department of Defense Authorization Act, 
1986 (10 U.S.C. 113 note), is amended— 
(1) by striking out subsections (c) and (e); and 
(2) by inserting after subsection (b) the following new subsec-
tion (c): 
"(cXD The Secretary of Defense shall conduct a study to deter-
mine the current and future needs of members of the Armed Forces, 
civilian employees of the Department of Defense, and the depend-
ents of such members and employees for postsecondary education 
services at overseas locations. The Secretary shall determine on the 
basis of the results of that study whether the policies and procedures 
of the Department in effect on the date of the enactment of the 
Department of Defense Authorization Act for Fiscal Years 1990 and 
1991 with respect to the procurement of such services are— 
"(A) consistent with the provisions of subsections (a) and (b); 
"(B) adequate to ensure the recipients of such services the 
benefit of a choice in the offering of such services; and 
"(C) adequate to ensure that persons stationed at geographi-
cally isolated military installations or at installations with 
small complements of military personnel are adequately served. 
The Secretary shall complete the study in such time as necessary to 
enable the Secretary to submit the report required by paragraph 
(2XA) by the deadline specified in that paragraph. 
"(2XA) The Secretary shall submit to the (Committees on Armed 
Reports. 
Services of the Senate and the House of Representatives a report on 
the results of the study referred to in paragraph (1), together with a 
copy of any revisions in policies and procedures made as a result of 
such study. The report shall be submitted not later than March 1, 
1990. 
"(B) The Secretary shall include in the report an explanation of 
how determinations are made with regard to— 
"(i) affording members, employees, and dependents a choice in 
the offering of courses of postsecondary education; and 
"(ii) whether the services provided under a contract for such 
services should be limited to an installation, theater, or other 
geographic area. 
"(3XA) Except as provided in subparagraph (B), no contract for the 
provision of services referred to in subsection (a) may be awarded, 
and no contract or agreement entered into before the date of the 
enactment of this paragraph may be renewed or extended on or 
after such date, until the end of the 60-day period beginning on the 
date on which the report referred to in paragraph (2XA) is received 
by the committees named in that paragraph. 
"(B) A contract or an agreement in effect on October 1, 1989, for 
/ 
the provision of postsecondary education services in the European 
Theater for members of the Armed Forces, civilian employees of the 
Department of Defense, and the dependents of such members and 
103 STAT. 1444 
PUBLIC LAW 101-189—NOV. 29, 1989 
employees may be renewed or extended without regard to the 
limitation in subparagraph (A). 
"(C) In the case of a contract for services with respect to which a 
solicitation is pending on the date of the enactment of this para-
graph, the contract may be awarded— 
"(i) on the basis of the solicitation as issued before the date of 
the enactment of this paragraph; 
"(ii) on the basis of the solicitation issued before the date of 
the enactment of this paragraph modified so as to conform to 
/ any changes in policies and procedures the Secretary deter-
mines should be made as a result of the study required under 
paragraph (1); or 
"(iii) on the basis of a new solicitation.". 
SEC. 519. MATTERS TO BE CONSIDERED BY PROMOTION BOARDS IN CASE 
OF OFFICERS IN HEALTH PROFESSIONS COMPETITIVE CAT-
EGORIES 
Section 615 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
Regulations. 
"(d) The Secretary of each military department, under uniform 
regulations prescribed by the Secretary of Defense, shall include in 
guidelines furnished to a selection board convened under section 
611(a) of this title that is considering officers in a health-professions 
competitive category for promotion to a grade below colonel or, in 
the case of the Navy, captain, a direction that the board give 
consideration to an officer's clinical proficiency and skill as a health 
professional to at least as great an extent as the board gives to the 
officer's administrative and management skills.". 
SEC. 
5
2
0
. 
REPORT 
ON 
CONSTRUCTIVE CREDIT 
FOR NURSES 
(a) REPORT REQUIREMENT.—The Secretary of Defense shall prepare 
a report on the awarding of constructive credit to military nurses for 
education, training, or experience. The report shall discuss existing 
provisions of law providing for such constructive credit, including a 
discussion of any inequities which the Secretary considers that such 
provisions may have created. If the Secretary determines that any 
such inequities have been created, the report shall include rec-
ommendations by the Secretary for ways to eliminate or reduce 
those inequities. 
(b) SUBMISSION OF REPORT.—The report required by subsection (a) 
shall be submitted to the Committees on Armed Services of the 
Senate and House of Representatives not later than March 1, 1990. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL 
BENEFITS 
37 use 1009 
note. 
37 use 1009 
note. 
PART A—PAY AND ALLOWANCES 
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1990 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment re-
quired by section 1009 of title 37, United States Code, in elements of 
compensation of members of the uniformed services to become 
effective during fiscal year 1990 shall not be made. 
(b) INCREASE IN BASIC PAY, B A S , AND BAQ.—The rates of basic 
pay, basic allowance for subsistence, and basic allowance for quar-
ters of members of the uniformed services are increased by 3.6 
percent effective on January 1,1990. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1445 
(c) INCREASE IN CADET AND MIDSHIPMAK PAY.—Effective on Janu- 
Effective date. 
ary 1, 1990, section 203(cXl) of title 37, United States Code, is 
amended by striking out "$525" and inserting in lieu thereof 
"$543.90". 
SEC 602. LIMITATION ON ADJUSTMENTS IN VARIABLE HOUSING ALLOW-
ANCE 
(a) LIMITATION.—Section 403a(cX2) of title 37, United States Code, 
is amended by inserting before ttie period the following: ", except 
that the monthly amount of a variable housing allowance for a 
member may not be reduced to the extent that the total of basic pay, 
basic allowance for quarters, basic allowance for subsistence, and 
variable housing allowance of the member is reduced, as a result of 
such a reduction, below the monthly total of those items for the 
month preceding the efTective date of Hoe most recent increase in 
the rate of basic pay of the member". 
0)) EFFECTIVE DATE.—^The amendment made by subsection (a) 
37 use 403a 
shaU take effect on October 1,1990. 
note. 
PART B—BONUSES AND SPECIAL AND INCENTIVE PAY 
SEC 611. INCREASE IN SELECTTVE REENUSTMENT BONUS 
(a) INCREASE IN SELECTIVE REENLISTMENT BONUS.—Section 308(a) 
of title 37, United States Code, is amended— 
(1) by striking out "paid a boniis," in paragraph (1) and all 
that follows in that paragraph and inserting in lieu thereof 
"paid a bonus as provided in paragraph (2)."; 
(2) by redesignating paragraph (2) as paragraph (4) and in that 
paragraph striking out "of this subsection"; and 
(3) by inserting after paragraph (1) the following new para-
graphs: 
"(2) llie bonus to be paid under paragraph (1) may not exceed the 
lesser of the following amounts: 
"(A) The amount equal to the product of— 
"(i) ten times the monthly rate of basic pay to which the 
member was entitled at the time of the discharge or release 
of the member; and 
"(ii) the number of years (or the monthly fractions 
thereof) of the term of reenlistment or extension of enlist-
ment, not to exceed six. 
"(B) $45,000. 
'(3) Any portion of a term of reenlistment or extension of enlist-
ment of a member that, when added to the total years of service of 
the member at the time of discharge or release, exceeds 16 years 
may not be used in computing a bonus under paragraph (2XA).". 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
apply with respect to reenlistment and extension of enlistment 
agreements entered into under section 308(a) of title 37, United 
States Code, after September 30,1989. 
SEC 612. ENLISTMENT BONUS FOR MEMBERS IN SKILLS DESIGNATED AS 
CRITICAL 
(a) INCREASE IN AUTHORIZED BONUS AND FIRST INSTAIXMENT.— 
Section 308a(a) of title 37, United States CJode, is amended— 
(1) by striking out "$8,000" in the first sentence and inserting 
in lieu thereof "$12,000"; and 
37 u s e 308 note. 
103 STAT. 1446 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) by striking out "$5,000" in the second sentence and insert-
" 
ing in lieu thereof "$7,000". 
37 use 308a 
(b) LIMITATION ON PAYMENTS.—^The total amount of payments 
"ote 
made during fiscal year 1990 under section 308a(a) of title 37, United 
States Code, by the Secretary of the Army may not exceed 
$66,400,000. 
37 use 308a 
^c) EFFECTIVE DATE.—The amendments made by subsection (a) 
note. 
shall apply with respect to an enlistment or extension of an initial 
period of active duty (in a skill designated as critical) entered into on 
or after October 1,1989. 
SEC. 613. EXTENSION OF ENUSTMENT AND REENLISTMENT BONUS 
AUTHORITIES FOR RESERVE FORCES 
Sections 308b(g), 308c(f), 308e(e), 308g(h), 308h(g), and 308i(i) of title 
37, United States Code, are amended by striking out "September 30, 
1990" and inserting in lieu thereof "September 30,1992". 
SEC. 614. EXTENSION OF SPECIAL PAY P
R
O
G
R
A
M
S FOR NUCLEAR-QUALI-
FIED OFFICERS 
(a) SPECIAL PAY FOR OFFICERS EXTENDING PERIOD OF ACTIVE 
DUTY.—Section 312(e) of title 37, United States (Dode, is amended by 
striking out "September 30, 1990" and inserting in lieu thereof 
"September 30,1995". 
(b) ACCESSION BONUS.—Section 312b(d) of such title is amended by 
striking out "September 30, 1990" and inserting in lieu thereof 
"September 30,1995". 
(c) ANNUAL INCENTIVE BONUS.—Section 312c of such title is 
amended— 
(1) by striking out "ending before October 1, 1990" in subsec-
tions (aXD and (bXD; and 
(2) by striking out "October 1, 1990" in subsection (e) and 
inserting in lieu thereof "October 1,1995". 
PART CJ—TRAVEL AND TRANSPORTATION ALLOWANCES 
SEC. 621. REIMBURSEMENT FOR CERTAIN FEES INCURRED IN TRAVEL 
(a) REIMBURSEMENT AUTHORIZED.—Section 404 of title 37, United 
States Code, is amended by adding at the end the following new 
subsection: 
Regulations. 
"(i) Under uniform regulations prescribed by the Secretaries con-
cerned, a member of a uniformed service entitled to travel and 
transportation allowances under subsection (a) is entitled to re-
imbursement for parking fees, ferry fares, and bridge, road, and 
tunnel tolls actually incurred incident to such travel.". 
37 use 404 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to travel and transportation commenced 
after the date of the enactment of this Act. 
SEC. 622. LUMP-SUM PAYMENT OF OVERSEAS HOUSING COSTS 
(a) PAYMENTS AUTHORIZED.—Section 405 of title 37, United States 
Code, is amended by adding at the end the following new subsection: 
"(d) In the case of a member of the uniformed services authorized 
to receive a per diem allowance under subsection (a), the Secretary 
concerned may make a lump-sum payment for nonrecurring ex-
penses incurred by the member in occupying private housing outside 
of the United States. Expenses for which payments are made under 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1447 
Regulations. 
37 u s e 406 note. 
this subsection may not be considered for purposes of determining 
the per diem allowance of the member under subsection (a).". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
37 use 405 note, 
shall apply with respect to expenses incurred after August 31, 1990. 
SEC. 623. CLARIFICATION OF ALLOWANCE FOR TRANSPORTATION OF 
HOUSEHOLD EFFECTS 
(a) WAIVER FOR SUBSTANTIAL HARDSHIP,—Section 406G)X1) of title 
37, United States Code, is amended by adding at the end the 
following new subparagraph: 
"(D) In connection with the change of temporary or permanent 
station of a member in a pay grade below pay grade 0-6, the 
Secretary concerned may authorize a higher weight allowance than 
the weight allowance determined under subparagraph (C) for the 
member if the Secretary concerned determines that the application 
of the weight allowance determined under such subparagraph would 
result in significant hardship to the member or the dependents of 
the member. An increase in weight allowance under this subpara-
graph may not result in a weight allowance exceeding the weight 
allowance specified in subparagraph (C) for pay grades 0-6 to O-IO. 
The Secretary of Defense shall prescribe regulations to carry out 
this subparagraph.". 
(b) TECHNICAL AMENDMENT.—Subparsigraph (C) of such section is 
amended by inserting "in pounds" after "weight allowance" in the 
matter preceding the table. 
(c) EFFECTIVE DATE.—The authority provided in subparagraph (D), 
as added by subsection (a), sh£dl apply with respect to the transpor-
tation of baggsige and household effects occurring after June 30, 
1989. 
SEC. 624. T R A V E L ENTITLEMENT FOR MEMBERS ASSIGNED TO A VESSEL 
UNDER CONSTRUCTION 
(a) AUTHORIZATION FOR TRAVEL ALLOWANCE.—(1) Chapter 7 of title 
37, United States Code, is amended by inserting after section 406b 
the following new section: 
"§ 406c. Travel and transportation allowances: members assigned 
to a vessel under construction 
"(a) ALLOWANCE AUTHORIZED.—(1) Under regulations prescribed 
Regulations. 
by the Secretary concerned, a member of the uniformed services 
who is assigned to permanent duty aboard a ship that is under 
construction at a location other than— 
"(A) the designated home port of the ship; or 
"(B) the area where the dependents of the member are 
residing, 
is entitled to transportation, or an allowance for transportation 
under section 404(dX3) of this title, for round-trip travel from the 
port of construction to either of those locations as provided in 
paragraph (2). 
"(2) A member referred to in paragraph (1) shall be entitled to 
such transportation or allowance on or after the thirty-first day (and 
every sixtieth day after the thirty-first day) after the later of— 
"(A) the date on which the ship enters the construction port; 
and 
"(B) the date on which the member becomes permanently 
assigned to the ship. 
103 STAT. 1448 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(3) The amount of reimbursement for personally procured 
transportation or the allowance for transportation under this 
subsection may not exceed the cost of Government-procured 
commercial round-trip air travel. 
"(b) DEPENDENTS TRAVEL.—(1) In lieu of the entitlement of a 
member of the uniformed services to transportation under subsec-
tion (a), the Secretary concerned may provide transportation in 
kind, reimbursement for personally procured transportation, or a 
monetary allowance in place of the cost of transportation as pro-
vided in section 404(dXl) of this title for the travel of the dependents 
of the member from the location that was the home port of the ship 
before commencement of construction to the port of construction. 
"(2) The total reimbursement for transportation for the member's 
dependents under paragraph (1) may not exceed the cost of Govern-
ment-procured commercial round-trip travel. 
"(c) CHANGE OF HOME PORT.—In any case in which a member of 
the uniformed services assigned to permanent duty aboard a ship 
that undergoes a change of home port to the port at which the ship 
is being constructed, the dependents of such member may be pro-
vided the transportation allowances prescribed in subsections (a) 
and (b) in lieu of the transportation authorized by section 406 of this 
title and section 2634 of title 10. 
"(d) APPLICATION OF OTHER LAW.—Section 420 of this title does not 
apply with respect to transportation or alloweinces provided under 
this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 406b the 
following new item: 
"406c. Travel and transportation allowances: members assigned to a vessel under 
construction.'. 
0>) CLARIFYING AMENDMENT.—Subsection (c) of section 406b of 
such title is amended to read as follows: 
"(c) In any case in which a member of the uniformed services is 
assigned to permanent duty aboard a ship that undergoes a change 
of home port to the overhaul or inactivation port, the dependents of 
the member may be provided transportation allowances prescribed 
in subsections (a) and (b) in lieu of the transportation authorized by 
section 406 of this title and section 2634 of title 10.". 
SEC. 625. STUDENT TRAVEL AUTHORIZED FOR DEPENDENTS OF MEM-
BERS IN ALASKA AND HAWAII 
(a) AUTHORIZATION FOR DEPENDENT CHILDREN.—Section 430 of title 
37, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking out "United States" in paragraphs (1) and 
(3) and inserting in lieu thereof "continental United 
States"; and 
(B) by striking out "oversea" in paragraph (2); 
(2) in subsection (b)— 
(A) by striking out "United States" each place it appears 
and inserting in lieu thereof "continental United States"; 
' 
^ d 
(B) by striking out "in the oversea area" and inserting in 
' 
lieu thereof "outside the continental United States"; and 
(3) by adding at the end the following new subsections: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1449 
"(d) For a member assigned to duty outside the continental United 
Stat^, transportation under this section may be provided a depend-
ent child as described in subsection (aX3) who is attending a school 
in Alaska or Hawaii. 
"(e) The transportation allowance authorized by this section 
(whether transportation in kind or reimbursement) may not be paid 
in the case of a member assigned to a permanent duty station in 
Alaska or Hawaii for a child attending a school in the State of the 
permanent duty station. 
"(f) In this section, the term 'continental United States' means the 
48 contiguous States and the District of Columbia.". 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 37 use 430 note, 
shall apply with respect to travel and transportation commenced 
after the date of the enactment of this Act. 
PART D—MILITARY AVIATORS 
SEC. 631. AVIATION CAREER INCENTIVE PAY 
(a) ENTITLEMENT REQUIREMENTS.—Subsection (aX4) of section 301a 
of title 37, United States Code, is amended— 
(1) by striking out "6 of the first 12, and 11 of the first 18 years 
of his aviation service." in the first sentence and inserting in 
lieu thereof "9 of the first 12, and 12 of the first 18 years of the 
aviation service of the officer."; 
(2) by striking out "at least 9 but less than 11 of the first 18 
years of his aviation service, he" in the second sentence and 
inserting in lieu thereof "at least 10 but less than 12 of the first 
18 years of the aviation service of the officer, the officer"; and 
(3) by striking out "his officer service" in the second sentence 
and inserting in lieu thereof "the officer's service as an officer". 
(b) WAIVER OF ENTITLEMENT REQUIREMENTS BY THE SECRETARY 
CONCERNED.—Subsection (aX5) of such section is amended by insert-
ing after the first sentence the following new sentence: "For the 
needs of the service, the Secretary concerned may permit, on a case 
' 
by case basis, an officer to continue to receive continuous monthly 
incentive pay despite the failure of the officer to perform the 
prescribed operational fljring duty requirements during the pre-
scribed periods of time so long as the officer has performed those 
requirements for not less than 6 years of aviation service.". 
(c) MONTHLY RATES.—(1) Subsection (bXD of such section is 
amended— 
(A) by striking out "400" in the portion of the table designated 
as Phase I and inserting in lieu thereof "650"; and 
(B) by striking out the portion of the table designated as 
Phase II and inserting in lieu thereof the following: 
"Phase II 
"Years of service 
as an officer 
Monthly rate: 
Over 18 
$585 
Over 20 
495 
Over 22 
385 
Over 25 
250". 
(2) Subsection (bX2) of such section is amended by striking out 
"400" in the table and inserting in lieu thereof "650". 
103 STAT. 1450 
PUBLIC LAW 101-189—NOV. 29, 1989 
(d) REPOKT ON NUMBER OF OFFICERS RECEIVING A WAIVER.—Such 
section is further eimended by adding at the end the following new 
subsection: 
"(f) The Secretary of Defense shall submit annually to Congress a 
report specifying for the year covered by the report— 
"(1) the total number of officers who were determined under 
subsection (aX5) to have failed to perform the minimum pre-
5 scribed operational fljdng duty requirements; 
"(2) the number of those officers who continued to receive 
continuous monthly incentive pay despite their failure to per-
form the minimum prescribed operational flying duty require-
ments and the extent to which they failed to perform those 
requirements; and 
•'t'-'- "(3) the reasons for the exercise of the authority under the 
second sentence of subsection (aX5) in the case of each officer 
specified pursuant to paragraph (2).". 
37 use 301a 
(e) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the 
note. 
amendments made— 
(A) by subsection (c) shall take effect on the date of the 
enactment of this Act; and 
(B) by subsections (a), (b), and (d) shall take effect on 
October 1,1991. 
(2) The Secretary of a military department may delay, subject to 
the approval of the Secretary of Defense, the implementation of the 
amendments made by subsection (c) with respect to the department 
of that Secretary until such time as the Secretary concerned deter-
mines that implementation of those amendments is necessary to 
meet the needs of that department. 
(3) If the Secretary of a military department delays under para-
graph (2) the implementation of the amendments made by subsec-
tion (c) beyond October 1, 1991, the Secretary may also delay 
implementation of the amendments made by subsections (a), (b), and 
(d) until the date on which the Secretary implements the amend-
ments made by subsection (c). During the delay in implementation, 
the provisions of section 301a of title 37, United States Code, as in 
effect on the day before the date of the enactment of this Act, shall 
continue to apply in the case of such department to the pajnment of 
aviation career incentive pay under such section. 
37 use 301a 
(f) TRANSITION.—(1) An officer of a uniformed service who, as of 
note. 
the date the amendments made by subsections (a), (b), and (d) take 
effect with regard to the officer's uniformed service— 
(A) has completed years of aviation service in an amount 
, 
equal to one of the number of years of aviation service specified 
in column 1 of the following table; and 
(B) has performed, or subsequently performs, the prescribed 
operational flying duties (including flight training but excluding 
proficiency flying) during the number of years of aviation serv-
ice specified in column 2 of such table and corresponding to the 
number of years of aviation service applicable to the officer 
under column 1, 
shall be entitled to continuous monthly incentive pay at the rates 
provided in section 301a(b) of title 37, United States Code (as 
amended by this section) until the officer completes the years of 
service as an officer specified in column 3 of such table and ap-
plicable to the officer. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1451 
TABLE 
COLUMN 1 
Number of years 
of aviatdon 
service 
6 or more 
6 or more 
6 or more 
At least 6 but less 
than 12 
At least 12 but less 
than 18 
At least 12 but less 
than 18 
COLUMN 2 
Number of years perform-
ing 
operational 
flying 
duty 
At least 6 of the first 12 
years of aviation service 
At least 9 but less than 11 
of the first 18 years of 
aviation service 
At least 6 of the first 12 and 
at least 11 of the first 18 
years of aviation service 
Less than 6 and subsequent-
ly completes 6 of the first 
12 and 9 of the first 15 
years of aviation service 
Less than 9 and subsequent-
ly completes 9 of the first 
18 years of aviation serv-
Less than 11 and subse-
quently completes 11 of 
the first 18 years of avia-
tion service 
COLUMNS 
Entitlement 
to 
continuous 
monthly 
incentive 
pay 
through the following year of 
officer service 
18 
22 
25 
18 
22 
25 
(2) For purposes of this subsection, the terms "operational flying 
duty" and "piroficiency flying duty" have the meaning given to such 
terms in section 301a(aX6) of title 37, United States Code. 
SEC. 632. AVIATOR RETENTION BONUSES 
(a) EXTENSION AND CODIFICATION OF CURRENT PROGRAM.—Section 
301b of title 37, United States Code, is amended to read as follows: 
*'§ 301b. Special pay: ayiatioii career officers extending period of 
active duty 
"(a) BONUS AUTHORIZED.—An aviation officer described in subsec-
tion 0)) who, during the period b^inning on January 1, 1989, and 
ending on September 30, 1991, executes a written agreement to 
remain on active duty in aviation service for at least one year may, 
upon the acceptance of the agreement by the Secretary concerned, 
be paid a retention bonus as provided in this section. 
"Ot)) COVERED OFFICERS.—An aviation officer referred to in subsec-
tion (a) is an officer of a uniformed service who— 
"(1) is entitled to aviation career incentive pay under section 
301a of this title; 
"(2) is in an aviation si)ecialty designated by the Secretary 
concerned (with the approval of the Secretary of Defense in the 
case of the Secretary of a military department) as a critical 
aviation specialty; 
"(3) is in a pay grade below pay grade 0-6; 
"(4) is qualified to perform operational flying duty; 
"(5) has completed at least six but less than 13 years of active 
duty; and 
"(6) has completed any active duty service commitment in-
curred for undergraduate aviator training. 
103 STAT. 1452 
' 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(c) AMOUNT OF BONUS.—The amount of a retention bonus paid 
under this section may not be more than— 
"(1) $12,000 for each year covered by the written agreement, if 
the officer agrees to remain on active duty to complete 14 years 
of commissioned service; or 
"(2) $6,000 for each year covered by the written agreement, if 
the officer agrees to remain on active duty for one or two years. 
"(d) PRORATION.—The term of an agreement under subsection (a) 
and the amount of the bonus under subsection (c) may be prorated 
as long as such agreement does not extend beyond the date on which 
the officer makmg such agreement would complete 14 years of 
commissioned service. 
"(e) PAYMENT OF BONUS.—Upon the acceptance of a written agree-
ment under subsection (a) by the Secretary concerned, the total 
amount payable pursuant to the agreement becomes fixed and may 
be paid by the Secretary in either a lump sum or installments. 
"(f) ADDITIONAL PAY.—A retention bonus paid under this section is 
in addition to any other pay and aUowances to which an officer is 
entitled. 
"(g) REPAYMENT OF BONUS.—(1) If an officer who has entered into 
a written agreement under subsection (a) and has received all or 
part of a retention bonus under this section fails to complete the 
total period of active duty specified in the agreement, the Secretary 
concerned may require the officer to repay the United States, on a 
pro rata basis and to the extent that the Secretary determines 
conditions and circumstances warrant, all sums paid under this 
section. 
"(2) An obligation to repay the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States. 
"(3) A discharge in bankruptcy under title 11 that is entered less 
than 5 years after the termination of a written agreement entered 
into under subsection (a) does not discharge the officer signing the 
agreement from a debt arising under such agreement or under 
paragraph (1). This paragraph applies to any case commenced under 
title 11 after January 1,1989. 
"(h) REGULATIONS.—The Secretaries concerned sh£dl prescribe 
regulations to carry out this section. Regulations prescribed by the 
Secretary of a military department shall be subject to the approval 
of the Secretary of Defense. 
"(i) REPORTS.—(1) Not later than Februan^ 15 of each year, the 
Secretaries concerned shall submit to the Secretary of Defense a 
report analyzing the effect of the provision of retention bonuses to 
aviation officers during the preceding fiscal year on the retention of 
qualified aviators. Each report shall include— 
"(A) a comparison of the cost of paying bonuses to officers who 
enter into an agreement for the period referred to in subsection 
(cXD with the cost of paying bonuses to officers who enter into 
an agreement for a period referred to in subsection (cX2); 
"(B) a description of the increase in the retention of qualified 
;: aviators as a result of the program; and 
"(C) an examination of the desirability of targeting the reten-
tion l>onus program toward officers in a critical aviation spe-
cialty rather than on the basis of experience or other criteria. 
"(2) Not later than March 15 of each year, the Secretary of 
Defense shall submit to the (Committees on Armed Services of the 
Senate and House of Representatives copies of the reports submitted 
to the Secretary under paragraph (1) with regard to the preceding 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1453 
fiscal year, together with such comments and recommendations as 
the Secretary considers appropriate. 
"(j) LIMITATION ON PAYMENTS FOR FISCAL YEAR 1990.—(1) The total 
amount of pajrments made under this section to officers of the Air 
Force during fiscal year 1990 may not exceed $78,000,000. 
"(2) The total amount of payments made under this section to 
officers of the Navy during fiscal year 1990 may not exceed 
$30,000,000. 
"(k) DEFINITIONS.—In this section: 
"(1) The term 'aviation service' means the service performed 
by an officer holding an aeronautical rating or designation 
(except a flight surgeon or other medical officer). 
"(2) The term Aviation specialty' means a community of 
pilots identified by tjrpe of aircraft or weapon system or a 
community of other designated 
aeronautical officers 
so 
identified. 
"(3) The term 'critical aviation specialty' means an aviation 
speciedty in which there exists a shortage of officers on the date 
of designation under subsection 0>). 
"(4) The term 'operational flying duty' has the meaning given 
such term in section 301a(aX6XA) of this title.". 
(b) CONFORMING AMENDMENT.—Section 611 of the National De-
fense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 
Stat. 1977), is amended by striking out subsection (e). 
37 USC 301b 
(c) AGREEMENTS ENTERED INTO UNDER THE FORMER LAW.—(1) The 
^°^-
amendment made by subsection (a) shall not affect an agreement 
entered into under section 301b of title 37, United States Code (as in 
effect on September 30, 1989), and, except as provided in paragraph 
(2), the provisions of such section as in effect on such day shall 
continue to apply with respect to such agreement. 
(2) For pay periods beginning after September 30, 1989, an officer 
serving under an agreement entered into under section 301b of such 
title before October 1, 1987, shall be entitled during the remainder 
of the sigreement to the monthly rate of aviation career incentive 
pay specified in section 301a(b) of such title and corresponding to the 
officer's years of aviation service or years of service as an officer. 
(d) COVERAGE OF PERIOD OF LAPSED AUTHORITY.—(1) In the case of 
37 use 30ib 
an aviation officer described in paragraph (2) who executes an 
^^te. 
agreement under section 301b of title 37, United States Code, during 
the 90-day period beginning on the date of the enactment of this Act, 
the Secretary concerned may deem such agreement to have been 
executed and accepted for purposes of such section on the first date 
on which the officer would have qualified for such an agreement had 
the amendment made by subsection (a) taken effect on October 1, 
1989. 
(2) An aviation officer referred to in paragraph (1) is an officer 
who, during the period beginning on October 1, 1989, and ending on 
the date of the enactment of this Act, would have qualified for an 
agreement under such section had the amendment made by subsec-
tion (a) taken effect on October 1,1989. 
(3) For purposes of this subsection, the term "Secretary con-
cerned" has the meaning given that term by section 101(5) of title 
37, United States Code. 
SEC. 633. REDUCTION IN NONOPERATIONAL FLYING DUTY POSITIONS 
(a) REDUCTIONS REQUIRED.—(1) Not later than September 30, 1991, 
the Secretary of Defense shall reduce the number of nonoperational 
103 STAT. 1454 
PUBLIC LAW 101-189—NOV. 29, 1989 
flying duty positions in the Armed Forces to a number equal to not 
more than 98 percent of the total number of such positions in 
existence on September 30,1989. 
(2) Not later than September 30, 1992, the Secretary of Defense 
shall reduce the number of nonoperational flying duty positions in 
the Armed Forces to a number equal to not more than 95 percent of 
the total number of such positions in existence on September 30, 
1989. 
(b) LIMITATION ON INCREASES IN NONOPERATIONAL FLYING DUTY 
POSITIONS.—No increase in the number of nonoperational flying 
duty positions in the Armed Forces (as a percentage of all flying 
duty positions in the Armed Forces) may be made after Septem-
ber 30, 1992, unless the increase is specifically authorized by law. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "Armed Forces" does not include the Coast 
Guard. 
(2) The term "nonoperational flying dutv position" means a 
- position in a military department identified by the Secretary of 
that department as a position that— 
(A) requires the assignment of an aviator; and 
(B) does not include operational fiying duty (as defined in 
section 301a(6XA) of title 37, United States Code). 
SEC. 634. MINIMUM SERVICE REQUIREMENT FOR AVIATORS 
(a) IN GENERAL.—(1) Chapter 37 of title 10, United States C!ode, is 
amended by adding at the end the following new section: 
"§ 653. Minimum service requirement for certain flight crew posi-
tions 
"(a) F*ILOTS.—The minimum active duty obligation of any member 
who successfully completes training in the armed forces as a pilot 
shall be 8 years, if the member is trained to fly fixed-wing jet 
aircraft, and 6 years, if the member is trained to fly any other type 
of aircr£ift. 
"(b) NAVIGATORS AND NAVAL FUGHT OFFICERS.—The minimum 
active duty obligation of any member who successfully completes 
training in the armed forces as a navigator or naval flight officer 
shall be 6 years. 
"(c) DEFINITION.—In this section, the term 'active duty obligation' 
means the period of active duty required to be served after— 
"(1) completion of undergraduate pilot training in the case of 
training as a pilot; 
"(2) completion of undergraduate navigator training in the 
case of training as a navigator; or 
"(3) completion of undergraduate training as a naval flight 
"
* officer in the case of training as a naval flight officer.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"653. Minimum service requirement for certain flight crew positions.". 
10 use 653 note. 
(b) EFFECTIVE DATE.—(1) Except as provided in paragraphs (2) and 
(3), section 653 of title 10, United States Ck)de, as added by subsection 
(a)(1), shall apply to persons who begin undergraduate pilot training, 
undergraduate navigator training, or undergraduate naval flight 
officer training, as the case may be, after September 30, 1990. 
(2) Such section shall apply to persons who graduate from the 
United States Military Academy, the United States Naval Academy, 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1455 
the United States Air Force Academy, and the Coast Guard Acad-
emy after December 31, 1991, and to persons who satisfactorily 
complete the academic and military requirements of the Senior 
Reserve Officers' Training Corps program (provided for in chapter 
103 of title 10, United States Code) after December 31,1991. 
(3) The TninimiiTn service requirements provided for such section 
shall not apply in the case of any person who entered into an 
agreement with the Secretary concerned before October 1,1990, and 
who is obligated under the terms of such agreement to serve on 
active duty for a period less than the applicable period specified in 
section 653 of such title. 
(4) For purposes of this subsection, the term "Secretary con-
cerned" has the meaning given that term in section 101(8) of title 10, 
United States Code. 
SEC. 635. REPORT ON LIFE INSURANCE 
(a) REPORT REQUIRED.—Not later than November 15, 1990, the 
Secretary of Defense shall submit to the Clongress a report evaluate 
ing the adequacy of the current Servicemen's Group L&e Insurance 
program and the practicability and desirability of providing an 
accidental death insurance plan for aviators and other aviation crew 
members serving on active duty that provides for the payment of 
death benefits in the amount of $100,(X)0 for death resulting directly 
from the performance of operationaJ flying duty. The report shall 
include a l^islative proposal containing the recommendations of 
the Secretary following such evaluation and a recommendation on 
the advisability of providing an accidental death insurance plan for 
other members of the Armed Forces on active duty in an occupa-
tional specialty characterized as hazardous. 
(b) DEnNmoN.—For purposes of subsection (a), the term "oper-
ational flying duty" has the meaning given to that term in section 
301a(aX6XA) of title 37, United States Code. 
SEC. 636. REPORT ON AVIATOR ASSIGNMENT POLICIES AND PRACTICES 
Not later than September 15,1990, the Comptroller General of the 
United States shall submit to the (Hommittees on Armed Services of 
the Senate and House of Representatives a report evaluating the 
aviator assignment policies and practices of the Armed Forces. The 
report shall include an analysis of the effectiveness and efficiency of 
the aviator assignment policies and practices of the Armed Forces, 
including an analysis of the policies and practices followed in 
accommodating the assignment preferences of aviators within oper-
ational needs of the Armed Forces. 
SEC. 637. SENSE 
OF 
CONGRESS 
REGARDING 
ESTABLISHMENT OF 
COMMISSION TO CONDUCT A STUDY ON THE NATIONAL 
SHORTAGE OF AVIATORS 
(a) ESTABLISHMENT OP COMMISSION.—In view of the critical short-
age of qualified aviators in both the Armed Forces and in the 
commercial airline industry of the United States, it is the sense of 
Congress that the President should establish a commission to study 
the reasons for such shortages and to consider effective and prac-
ticable means of eliminating the shortages. 
(b) MEMBERS OF THE COMMISSION.—A commission established by 
the President pursuant to subsection (a) should include as 
members— 
(1) representatives from the conunercial airline industry; 
103 STAT. 1456 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) representatives from the commercial and genered aviation 
pilots organizations; 
(3) representatives from the Department of Defense; 
(4) representatives from the Department of Transportation; 
and 
(5) representatives from such other sources £is the President 
considers appropriate. 
(c) TIME OF APPOINTMENT.—The President should appoint all 
members of the commission not later than February 15, 1990. 
(d) REPORT.—The commission should submit a report on the 
results of its study to the President and Congress not later than 
March 1, 1991, together with specific recommendations for eliminat-
ing the shortage of aviators in the United States. 
PART E—MONTGOMERY G I BILL AMENDMENTS 
SEC. 641. INCREASE IN AMOUNT PAYABLE UNDER MONTGOMERY GI BILL 
FOR CRITICAL SPECIALTIES 
Section 1415(c) of title 38, United States Code, is amended by 
striking out "$400 per month" and inserting in lieu thereof "$400 
per month, in the case of an individual who first became a member 
of the Armed Forces before the date of the enactment of the 
National Defense Authorization Act for Fiscal Years 1990 and 1991, 
or $700 per month, in the case of an individual who first became a 
member of the Armed Forces on or after that date". 
SEC. 642. PAYMENTS FOR VOCATIONAL-TECHNICAL TRAINING UNDER RE-
SERVE-COMPONENT GI BILL 
(a) IN GENERAL.—Section 2131(cXl) of title 10, United States Code, 
is amended to read as follows: 
"(cXD Educational assistance may be provided under this chapter 
for pursuit of any program of education that is an approved program 
of education for purposes of chapter 30 of title 38 other than a 
program of education in a course of instruction beyond the bacca-
laureate degree level.". 
(b) AMOUNT OF ASSISTANCE.—Section 2131 of such title is 
amended— 
(1) in subsection (h)— 
(A) by striking out "Each" and inserting in lieu thereof 
"Except £is provided in subsections (d) through (f), each"; 
and 
. i 
(B) by inserting ", through the Secretary of Veterans 
Affairs," after "Secretary concerned"; and 
(2) by adding at the end the following: 
"(dXl) Except as provided in paragraph (2), the amount of the 
monthly educational assistance allowance payable to a person 
pursuing a full-time program of apprenticeship or other on-the-job 
training under this chapter is— 
"(A) for each of the first six months of the person's pursuit of 
t 
such program, 75 percent of the monthly educational assistance 
allowance otherwise payable to such person under this chapter; 
"(B) for each of the second six months of the person's pursuit 
of such program, 55 percent of such monthly educational assist-
ance allowance; and 
"(C) for each of the months following the first 12 months of 
the person's pursuit of such program, 35 percent of such 
monthly educational assistance allowance. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1457 
"(2) In any month in which any person pursuing a program of 
education consisting of a prc^ram of apprenticeship or other on-the-
job training fails to complete 120 hours of training, the amount of 
the monthly educational assistance allowsuice payable under this 
chapter to the person shedl be limited to the same proportion of the 
applicable full-time rate as the number of hours worked during such 
month, rounded to the nearest 8 hours, bears to 120 hours. 
"(3XA) Except as provided in subparagraph (B), for each month 
that such person is paid a monthly educational assistance allowance 
under this chapter, the person's entitlement under this chapter 
shall be charged at the rate of— 
"(i) 75 percent of a month in the case of payments made in 
accordance with parsigraph (IXA); 
"(ii) 55 percent of a month in the case of payments made in 
accordance with paragraph (IXB); and 
"(iii) 35 percent of a month in the case of pajnnents made in 
accordance with paragraph (IXC). 
"(B) Any such charge to the entitlement shall be reduced propor-
tionately in accordance with the reduction in payment under para-
graph (2). 
"(eXD The amount of the monthly educational assistance allow-
ance payable to a person pursuing a cooperative program under this 
chapter shall be 80 percent of the monthly allowance otherwise 
pavable to such person under this chapter. 
(2) For each month that a person is paid a monthly educational 
assistance alloweince for pursuit of a cooperative program under this 
chapter, the person's entitlement under this chapter shall be 
charged at the rate of 80 percent of a month. 
"(^IXA) The amount of the educational assistance allowance 
payable under this chapter to a person who enters into an agree-
ment to pursue, and is pursuing, a program of education exclusively 
by correspondence is an amount equal to 55 percent of the estab-
lished charge which the institution requires nonveterans to pay for 
the course or courses pursued by such person. 
"(B) For purposes of subparagraph (A), the term 'established 
charge' means the lesser of— 
"(i) the charge for the course or courses determined on the 
basis of the lowest extended time pa3rment plan offered by the 
institution and approved by the appropriate State approving 
agency; or 
"(ii) the actual charge to the person for such course or 
courses. 
"(C) Such allowance shall be paid quarterly on a pro rata basis for 
the lessons completed by the person and serviced by the institution. 
"(2) In each case in which the amount of educational assistance is 
determined under paragraph (1), the period of entitlement of the 
person concerned shall be charged with one month for each $140 
which is paid to the individued as an educational assistance allow-
ance.". 
(c) CONFORMING AMENDMENTS.—Section 2136(b) of such title is 
amended— 
(1) by striking out the first sentence and inserting in lieu 
thereof the following: "Except as otherwise provided in this 
chapter, the provisions of sections 14340>), 1663, 1670, 1671, 
1673, 1674, 1676, 1682(g), and 1683 of title 38 and the provisions 
of subchapters I and U of chapter 36 of such title (with the 
exception of sections 1780(c), 1780(g), 1786(a), 1787, and 1792) 
103 STAT. 1458 
PUBLIC LAW 101-189—NOV. 29, 1989 
shall be applicable to the provision of educational assistance 
under this chapter."; and 
(2) by strikhig out ", as used" in the second sentence and 
inserting in lieu thereof "and the term 'a person', as used". 
10 use 2131 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
^°^- 
apply with respect to any person who after September 30, 1990, 
meets the requirements set forth in subparagraph (A) or (B) of 
section 2132(aXl) of title 10, United States Ckxle. 
SEC 643. LIMITATION OF ACTIVE 6UAED AND RESERVE PERSONNEL TO 
ACTIVE-DUTY PROGRAM 
(a) LIMITATION.—Section 2132(d) of title 10, United States Code, is 
amended by adding at the end the following new sentence: "How-
ever, a person may not receive credit under the program established 
by this chapter for service (in any grade) on full-time active duty or 
fall-time National Guard duty for the purpose of oiganizing, admin-
istering, recruiting, instructing, or training the reserve components 
in a position which is included in the end strength required to be 
authorized each year by section 115(bXlXAXii) of this title.". 
10 use 2131 
(b) SAVINGS PROVISION.—The amendment made by subsection (a) 
^°^- 
shall not affect the eligibility for educational assistance of any 
person who before the date of the enactment of this Act is entitled to 
educational assistance under section 2131(a) of title 10, United 
States Code. 
SEC. 644. REPORT ON IMPOSITION OF CONTRIBUTION REQUIREMENT FOR 
PARTICIPATION IN CHAPTER 106 PROGRAM 
Not later than March 15, 1990, the Secretary of Defense shall 
submit to (Dongress a report setting forth the views of the Secretary 
on the desirabihty and the practicability of requiring members of 
the r^erve components, as a condition of participating in the 
educational assistance program under chapter 106 of title 10, United 
States Code, to sustain a reduction in pay in the same manner as 
applies to members of the Armed Forces on active duty who partici-
pate in the educational assistance program under chapter 30 of title 
38, United States Code. 
SEC. 645. TECHNICAL AMENDMENTS 
(a) REFERENCES TO ADMINISTRATOR OF VETERANS' AFFAIRS.—Chap-
ter 106 of title 10, United States Code, is amended— 
(1) by striking out "Administrator of Veterans' Affairs" in 
sections 213ia)X4), 2132(c), 2132(d), and 2136(a) and inserting in 
lieu thereof "Secretary of Veterans Affairs"; and 
(2) by striking out "to the Administrator" in section 2132(c) 
and inserting in lieu thereof "to that Secretary". 
(b) OTHER TECHNICAL AMENDMENTS.—(1) Section 2131(b) of such 
title is amended by striking out "and educational" in the matter 
preceding paragraph (1) and inserting in lieu thereof "of an edu-
cational". 
(2) Section 2132(d) of such title is amended by striking out "An 
individual" and inserting in lieu thereof "A person". 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1459 
PART F—PERSONNEL AND COMPENSATION TECHNICAL AMENDMENTS 
SEC. 651. TECHNICAL AMENDMENTS TO MILITARY RETIREMENT LAWS 
(a) CLARIFICATION OF COMPUTATION OF RETIRED PAY UNDER HIGH-
THREE SYSTEM.—Section 1407 of title 10, United States Code, is 
amended— 
(1) in subsection 0>\ by inserting "or (d)" after "subsection 
(0"; 
(2) by striking out subsections (c), (e), (f) and (g); 
(3) by redesignating subsection (d) as subsection (e); and 
(4) by inserting after subsection 0>) the following new subsec-
tions (c) and (d): 
"(c) COMPUTATION OF HIGH-THREE AVERAGE FOR MEMBERS ENTI-
TLED TO RETIRED OR RETAINER PAY FOR REGULAR SERVICE.— 
"(1) GENERAL RULE.—The high-three average of a member 
entitled to retired or retainer pay under any provision of law 
other than section 1204 or 1205 or section 1331 of this title is the 
amount equal to— 
"(A) the total amount of monthly basic pay to which the 
member was entitled for the 36 months (whether or not 
consecutive) out of all the months of active service of the 
member for which the monthly basic pay to which the 
member was entitled was the highest, divided by 
"(B) 36. 
"(2) SPECIAL RULE FOR SHORT-TERM DISABILITY RETIREES.—In 
the case of a member who is entitled to retired pay under 
section 1201 or 1202 of this title and who has completed less 
than 36 months of active service, the member's high-three 
average (notwithstanding paragraph (1)) is the amount equal 
to— 
"(A) the total amount of basic pay to which the member 
w£is entitled during the period of the member's active 
service, divided by 
"(B) the number of months (including any fraction 
thereof) of the member's active service. 
"(d) COMPUTATION OF HIGH-THREE AVERAGE FOR MEMBERS AND 
' 
FORMER MEMBERS ENTITLED TO RETIRED PAY FOR NONREGULAR SERV-
ICE.— 
"(1) RETIRED PAY UNDER CHAPTER 67.—The high-three average 
of a member or former member entitled to retired pay under 
section 1331 of this title is the amount equal to— 
"(A) the total amount of monthly basic pay to which the 
; 
member or former member was entitled during the member 
or former member's high-36 months (or to which the 
member or former member would have been entitled if the 
member or former member had served on active duty 
during the entire period of the member or former member's 
high-36 months), divided by 
"(B) 36. 
"(2) NONREGULAR SERVICE DISABILITY RETIRED PAY.—The high-
three average of a member entitled to retired pay under section 
1204 or 1205 of this title is the amount equal to— 
"(A) the total amount of monthly basic pay to which the 
member was entitled during the member's high-36 months 
(or to which the member would have been entitled if the 
103 STAT. 1460 
PUBLIC LAW 101-189—NOV. 29, 1989 
member had served on active duty during the entire period 
of the member's high-36 months), divided by 
l^ 
"(B) 36. 
"(3) SPECIAL RULE FOR SHORT-TERM DISABILITY RETIREES.—In 
the case of a member who is entitled to retired pay under 
section 1204 or 1205 of this title and who was a member for less 
than 36 months before being retired under that section, the 
member's high-three average (notwithstanding paragraph (2)) is 
the amount equal to— 
, 
"(A) the total amount of basic pay to which the member 
^^^ 
was entitled during the entire period the member was a 
member of a uniformed service before being so retired (or to 
which the member would have been entitled if the member 
'"^ * had served on active duty during the entire period the 
• 
.
4 ^, 
member was a member of a uniformed service before being 
^ ' 
so retired), divided by 
"(B) the number of months (including any fraction 
thereof) which the member was a member before being so 
retired. 
"(4) HiGH-36 MONTHS.—The high-36 months of a member or 
former member whose retired pay is covered by paragraph (1) or 
(2) are the 36 months (whether or not consecutive) out of sdl the 
^ _ 
months before the member or former member became entitled 
to retired pay for which the monthly basic pay to which the 
member or former member was entitled (or would have been 
entitled if serving on active duty during those months) was the 
highest. In the case of a former member, only months during 
which the former member was a member of a uniformed service 
may be used for purposes of the preceding sentence.". 
,) 
(b) CLARIFICATION OF APPUCABILITY OF PROVISIONS TO FORMER 
MEMBERS ENTITLED TO RETIRED PAY.—Chapter 71 of title 10, United 
States C3ode, is amended as follows: 
(1) Section 1401a is amended— 
(A) in subsection (bX3), by inserting "and 
former 
^ *
" 
member" after "member" the first place it appears; 
(B) in subsection (e), by inserting "or former member" 
*
^ * 
after "member" the first and third places it appears; and 
(C) in subsection (f), by inserting "or former member" in 
the second sentence after "member". 
(2) Section 1407(b) is amended by striking out "member" and 
"member's" and inserting in lieu thereof "person" and "per-
^ 
son's", respectively. 
(3) Section 1409(aXl) is amended by striking out "who is 
retired" and inserting in lieu thereof "who is entitled to that 
pay". 
(4) Section 1410 is amended— 
(A) in the matter preceding paragraph (1), by inserting 
"or former member' after "member" each place (other 
than the second place) it appears; and 
(B) in paragraph (1), by striking out "member's retired 
pay" and inserting in lieu thereof "retired pay of the 
member or former member". 
(c) PAYMENTS FROM MIIJTARY RETIREMENT FUND.—Section 1463(a) 
of such title is amended— 
(1) in paragraph (1), by striking out "persons" and inserting in 
lieu thereof "members"; 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1461 
(2) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) retired pay payable under chapter 67 of this title to 
former members of the armed forces (other than retired pay 
payable by the Secretary of Transportation);". 
(d) CLARIFICATION OF ENTITLEMENT OF RETIRED RESERVISTS FOR 
SERVICE PERFORMED WHILE IN RETIRED STATUS.—Section 675 of title 
10, United States Code, is amended by adding at the end the 
following: "A member of the Ready Reserve (other than a member 
transferred to the Retired Reserve under section 1001(b) of this title) 
who is ordered to active duty or other appropriate duty in a retired 
status may be credited under chapter 67 of this title with service 
performed pursuant to such order. A member in a retired status is 
not eligible for promotion (or for consideration for promotion) as a 
Reserve.". 
SEC. 652. REPEAL OF CERTAIN OBSOLETE AND EXPIRED PROVISIONS 
(a) TITLE 10.—Title 10, United States Code, is amended as follows: 
(1)(A) Section 971(a) is amended by striking out ", under an 
appointment accepted after Jime 25, i956,". 
(B) The limitation in section 971(a) of title 10, United States lo use 971 note. 
Code, shall not apply with respect to a period of service referred 
to in that section wnile also serving under an appointment as a 
cadet or midshipman accepted before June 26,1956. 
(2) Section 971(b) is amended— 
(A) in paragraph (1), by striking out", if he was appointed 
as a midshipman or cadet after March 4,1913"; and 
(B) in paragraph (2), by striking out ", if he was appointed 
as a midshipman or cadet after August 24,1912". 
(3) Section 1482(e) is amended by striking out "the effective 
date of this subsection, or the date of death," and inserting in 
lieu thereof "the date of death". 
(4) Sections 3014(f), 5014(f), and 8014(f) are each amended by 
striking out paragraph (5). 
(5) Section 6330(a) is amended by striking out "under—"and 
all that follows through "this section." and inserting in Ueu 
thereof "under this section.". 
(6) Section 8925(a) is amended by striking out "and service 
computed imder section 8683 of this title". 
(7) Section 8926 is amended— 
(A) in subsection (a)— 
(i) by inserting "and" at the end of paragraph (1); 
(ii) by striking out the semicolon at the end of para-
graph (2) and inserting in lieu thereof a period; and 
(iii) by striking out paragraphs (3) and (4); and 
(B) by striking out subsection (d). 
Q}) TTTLE 37.—Title 37, United States Code, is amended as follows: 
(1) Sections 308b(e) and 308c(e) are each amended by striking 
out the second sentence. 
(2) Section 308c(a) is amended by striking out", after Septem-
ber 30,1978,". 
SEC. 653. OTHER TECHNICAL AND CLERICAL AMENDMENTS 
(a) AMENDMENTS FOR STYLISTIC CONSISTENCY.—Title 10, United 
States Code, is cunended as follows: 
103 STAT. 1462 
PUBLIC LAW 101-189—NOV. 29, 1989 
< 
(1) Section 502 is amended by striking out "or affirmation". 
(2) Section 603(f) is amended— 
(A) by striking out "terminates—" and inserting in lieu 
thereof "terminates on the earliest of the following: ; 
*' 
(B) by striking out "on the" in paragraph (1) and insert-
vt^ 
ing in lieu thereof "The"; 
(C) by striking out the semicolon at the end of para£n*aph 
* 
(1) and inserting in lieu thereof a period; 
^ 
(D) by striking out "at the" in paragraph (2) and inserting 
in lieu thereof'The"; 
(E) by striking out "; or" at the end of paragraph (2) and 
inserting in lieu thereof a period; 
(F) by striking out "on the" in paragraph (3) and inserting 
in lieu thereof'The"; and 
(G) by striking out the semicolon at the end of paragraph 
(3) and all that follows and inserting in lieu thereof a 
period. 
T 
(3) Section 671b<a) is amended by striking out "Armed Forces 
of the United States" and inserting in lieu thereof "armed 
forces". 
(4) Section 1076(eX3XC) is amended by striking out "1 year" 
... 
and inserting in lieu thereof "one year". 
' 
' 
(5) Section 1408(a) is amended— 
^ 
(A) by striking out "(26 U.S.C. 3402(i))" in paragraph 
(4)(D);and 
(B) by inserting "entitled to retired pay under section 
v
^ , 
1331 of this title" in paragraph (5) after "a former 
member". 
(6) Section 1482(a) is amended— 
(A) by striking out "expenses of—" and inserting in lieu 
thereof "expenses of the following:"; 
(B) by capitalizing the first letter of the first word in each 
of paragraphs (1) through (11); 
;
. ;^ 
(C) by striking out the semicolon at the end of paragraphs 
(1) through (9) and inserting in lieu thereof a period; 
f,.,.y. ^. 
(D) by striking out "; and" at the end of paragraph (10) 
, r
t 
and inserting in lieu thereof a period; and 
(E) in paragraph (11)— 
^ 
(i) by striking out "clause" each place it appears and 
inserting in lieu thereof "paragraph"; and 
(ii) by striking out "decedent; for the" and inserting 
in lieu thereof "decedent. For the". 
(b) CORRECTION OF TABLE HEADING.—Section 305a(b) of title 37, 
United States Code, is amended by inserting "COMMISSIONED" 
before "OFFICERS" in the heading of the table in that subsection 
relating to officers in pay grades 0-1 through 0-6. 
(c) (DORRECnONS TO AMENDMENTS MADE BY PUBUC LAW 100-456.— 
(1) Section 411g(a) of title 37, United States (Dode, is amended by 
striking out "to' after "may be paid". 
(2) Section 419 of such title is amended— 
(A) by striking out "a officer" both places it appears and 
inserting in lieu thereof "an officer"; luid 
(B) by striking out "to" after "may be paid". 
(d) PUNCTUATION AMENDMENT.—Section 209(c) of title 37, United 
States Code, is amended by striking out the period after "title 10" 
the first place it appears. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1463 
(e) CROSS REFERENCE Ck>RRECTiONS.—(1) Section 1094(cX2) of title 
10, United States Code, is amended by striking out "subsections (b) 
and (d) through (g)" and inserting in lieu thereof "subsections (c) and 
(e) through (h)". 
(2) Section 403(bXlXB) of PubUc Law 99-661 (10 U.S.C. 521 note) is 
amended by striking out "3033," and "8033," and inserting in lieu 
thereof "3021," and ^'8021,", respectively. 
(f) DATE OF ENACTMENT REFERENCE.—Section 1102(jXl) of title 10, 
United States Code, is amended by striking out "the date of the 
enactment of this section" and inserting In lieu thereof "Novem-
ber 14,1986". 
(g) REFERENCE TO THE CANAL ZONE.—Section 708(a) of title 32, 
United States Code, is amended by striking out "governor of each 
State and Territory, Puerto Rico, and the Canal Zone" and inserting 
in lieu thereof "Governor of each State or Territory and Puerto 
Rico". 
PART G—MISCELLANEOUS 
SEC. 661. MILITARY RELOCATION ASSISTANCE PROGRAMS 
10 USC 113 note. 
(a) 
REQUIREMENT 
TO PROVIDE 
ASSISTANCE.—Not later 
than 
October 1, 1990, the Secretary of Defense shall establish a program 
to provide relocation assistance to members of the Armed Forces 
and their families as provided in this section. In addition, the 
Secretary of Defense shall make every effort, consistent with readi-
ness objectives, to stabilize and lengthen tours of duty to minimize 
the adverse effects of relocation. 
(b) TYPES OF ASSISTANCE.—(1) The Secretary of each military 
Regulations. 
department, under regulations prescribed by the Secretary of De-
fense, shall provide relocation assistance, through military reloca-
tion assistance programs described in subsection (c), to members of 
^ 
the Armed Forces who are ordered to make a change of permanent 
station which includes a move to a new location (and for dependents 
of such members who are authorized to move in connection with the 
change of permanent station). 
(2) The relocation assistance provided shall include the following: 
(A) Provision of destination area information and preparation 
(to be provided before the change of permanent station takes 
effect), with emphasis on information with regard to moving 
V 
costs, housing costs and availability, child care, spouse employ-
ment opportunities, cultured adaptation, and community ori-
entation. 
(B) Provision of counseling about financial management, 
home bu3dng and selling, renting, stress management aimed at 
intervention and prevention of abuse, property management, 
and shipment and storage of household goods (including motor 
vehicles and pets). 
(C) Provision of settling-in services, with emphasis on avail-
able government living quarters, private housing, child care, 
spouse employment assistance information, cultural adaptation, 
and community orientation. 
(D) Provision of home finding services, with emphasis on 
services for locating adequate, affordable temporary and perma-
nent housing. 
(c) MIUTARY RELOCATION ASSISTANCE PROGRAMS.—(1) The Sec-
retary shall provide for the establishment of militaiy relocation 
103 STAT. 1464 
PUBLIC LAW 101-189—NOV. 29, 1989 
assistance programs to provide the relocation assistance described in 
subsection (b). The Secretary shall establish such a program in each 
geographic area in which at least 500 members of the Armed Forces 
are assigned to or serving at a military installation. A member who 
is not stationed within a geographic area that contains such a 
program shall be given access to such a program. The Secretary 
shall ensure that persons on the staff of each program are trained in 
the techniques and delivery of professional relocation assistance. 
(2) The Secretary shall ensure that, not later than September 30, 
1991, information available through each military relocation assist-
ance prc^ram shall be managed through a computerized informa-
tion siystem that can interact with all other military relocation 
assistance programs of the military departments, including pro-
grams located outside the continental United States. 
(3) Duties of each military relocation assistance prc^ram shall 
include assisting personnel office on the military installation in 
using the computerized information available through the prc^am 
to help provide members of the Armed Forces who are deciding 
whether to reenlist information on locations of possible future duty 
assignments. 
(d) DIRECTOR.—The Secretary of Defense shall establish the posi-
tion of Director of Military Relocation Assistance Prc^rams in the 
office of the Assistant Secretary of Defense (Force Management and 
Personnel). The Director shall oversee development and im-
plementation of the military relocation assistance programs under 
this section. 
(e) REGULATIONS.—This section shall be administered under regu-
lations prescribed by the Secretary of Defense. 
(f) ANNUAL REPORT.—Not later than March 1 each year, the 
Secretary of Defense, acting through the Director of Military Reloca-
tion Assistance Programs, shall submit to Congress a rei>ort on the 
program under this section and on military family relocation mat-
ters. The report shall include the following: 
(1) An assessment of available, affordable private-sector hous-
ing for members of the Armed Forces and their families. 
(2) An assessment of the actual nonreimbursed costs incurred 
by members of the Armed Forces and their families who are 
ordered to make a change of permanent station. 
(3) Information (shown by military installation) on the types 
of locations at which members of the Armed Forces assigned to 
duty at military installations live, including the number of 
members of the Armed Forces who live on a military installa-
tion and the nimiber who do not live on a military installation. 
(4) Information on the effects of the relocation assistance 
programs established under this section on the quality of life of 
members of the Armed Forces and their families and on reten-
tion and productivity of members of the Armed Forces. 
(g) iNAPPLiCABiLrry TO CJOAST GUARD.—This section does not apply 
to the Coast Guard. 
(h) DEADLINE FOR REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to implement this section not later than 
July 1,1990. 
(i) REPORT ON PLAN FOR IMPLEMENTATION.—Not later than 
March 1, 1990, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of tiie Senate and House of Representatives 
a report on a plan for the full implementation of the programs 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1465 
provided for in this section. The report shall include an estimate of 
the cost of implementing that plan. 
SEC. 662. EXTENSION OF TEST PROGRAM OF REIMBURSEMENT FOR 
ADOPTION EXPENSES 
(a) INCLUSION OF COAST GUARD.—(1) Subsection (a) of section 638 of 
the National Defense Authorization Act for Fiscal Years 1988 and 
1989 (101 Stat. 1106; 10U.S.C. 113 note) is amended— 
(A) by inserting "under the jurisdiction of the Secretary" 
after "member of the Armed Forces"; and 
(B) by adding at the end the following new sentence: "The 
Secretary of Transportation shall carry out a similar test pro-
gram under which a member of the Coast Guard may be 
reimbursed, as provided in this section, for qualifying adoption 
expenses incurred by the member.". 
(2) Subsection (f) of such section is amended to read as follows: 
"(f) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations to carry out this section with respect to members of the 
Armed Forces under the Secretary's jurismction. The Secretary of 
Transportation shall prescribe regulations to carry out this section 
with respect to members of the Coast Guard.". 
(b) PERIOD COVERED BY TEST PROGRAM.—Subsection (h) of such 
section is amended to read as follows: 
"(h) DURATION OF TEST PROGRAM.—The test program under this 
section shall apply with respect to qualifying adoption expenses 
incurred for adoption proceedings initiated— 
"(1) in the case of a member of the Army, Navy, Air Force, or 
Marine Corps, after September 30, 1987, and before October 1, 
1990; and 
"(2) in the case of a member of the Coast Guard, after 
September 30,1989, and before October 1,1990.". 
(c) TECHNICAL AMENDMENTS.—(1) Subsection (a) of such section is 
amended— 
(A) by striking out "shall establish" and inserting in lieu 
thereof "shall carry out"; and 
(B) by striking out "in the adoption of a child". 
(2) Subsection (gXl) of such section is amended by inserting "under 
18 years of age" after "legal adoption of a child". 
SEC. 663. REPEAL OF FOUR-YEAR RESERVE OFFICER UNIFORM ALLOW-
ANCE 
(a) REPEAL OF ALLOWANCE.—Section 416 of title 37, United States 
Code, is amended— 
(1) by striking out subsection (a); 
(2) by striking out "(b) In addition" and all that follows 
through "of this section" and inserting in lieu thereof "(a) In 
addition to the allowance provided by section 415 of this title"; 
(3) by striking out "he* and inserting in lieu thereof "the 
ofTicer'^and 
(4) by designating the sentence beginning "However, this 
subsection does not' as subsection O
i
>
) and in that sentence 
striking out "However, this subsection" and inserting in lieu 
thereof "Subsection (a)". 
(b) SAVE PAY PROVISION.—An officer of an armed force who, but 
37 USC 416 note. 
for the amendments made by subsection (a), would have become 
entitled to a uniform reimbursement under section 416(a) of title 37, 
United States Code, before the end of the one-year period beginning 
103 STAT. 1466 
PUBLIC LAW 101-189—NOV. 29, 1989 
on the date of the enactment of this Act shall be entitled (during 
such one-year period) to receive such reimbursement under such 
section as in effect on the day before the date of t^e enactment of 
this Act. 
SEC 664. REIMBURSEMENT FOR FINANCIAL INSTITUTION CHARGES IN-
CURRED BECAUSE OF GOYERNBIENT ERROR IN DIRECT DE-
POSIT OF PAY 
(a) EXTENSION OF SCOPE OF REIMBURSEMENT AUTHOBITY.—(1) 
Subsection (a) of section 1053 of title 10, United States Code, is 
amended to read as follows: 
"(aXD A member of the armed forces (or a former member of the 
armed forces entitled to retired pay under chapter 67 of this title) 
who, in accordance with law or r^ulation, participates in a program 
for the automatic deposit of pay to a financial institution may be 
reimbursed by the Secretary concerned for a covered late-deposit 
charge. 
"(2) A covered late-deposit change for purposes of paragraph (1) is 
a charge (including an overdraft chaise or a minimum balance or 
average balance charge) that is levied by a financial institution and 
that results from an administrative or mechanical error on the part 
of the Government that causes the pay of the person concerned to be 
deposited late or in an incorrect manner or amount.". 
(2) Subsection (d) of such section is amended to read as follows: 
"(d) In this section: 
"(1) The term 'financial institution' has the meaning given 
the term 'financial oiganization' in section 3332(a) of titie 31. 
"(2) The term 'pay* includes (A) retired pay, and (B) allow-
ances.". 
(3XA) The heading of such section is amended to read as 
follows: 
"§ 1053. Reimbursement for financial institution charges incurred 
because of Government error in mandatory direct de-
posit of pay". 
(B) The item relating to such section in the table of sections at the 
b^inning of chapter 52 of such titie is amended to read as follows: 
, "1053. Reimbursement for financial institution chaises incurred because of Govern-
ment error in mandatory direct deposit of pay.". 
(b) OTHER DEPARTMENT OF DEFENSE PERSONNEL.—(1) Chapter 81 of 
such title is amended by adding after section 1593, as added by 
section 336, the following new section: 
*'§ 1594. Reimbursement for financial institution charges incurred 
because of Government error in mandatory direct de-
posit of pay 
"(aXD A civilian officer or employee of the Department of Defense 
who, in accordance with law or r^ulation, participates in a program 
for the automatic deposit of pay to a financial institution may be 
reimbursed for a covered late-deposit charge. 
"(2) A covered late-deposit chaige for purposes of paragraph (1) is 
a charge (including an overdraft charge or a minimum balance 
charge) that is levied by a financial institution and that results from 
^ 
an administrative or mechanical error on the part of the Govern-
ment that causes the pay of the officer or employee concerned to be 
dejxxsited late or in an incorrect manner or amount. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1467 
"(b) Reimbursements under this section shall be made from appro-
priations available for the pay of the officer or employee concerned. 
"(c) The Secretaries concerned shall prescribe regulations to carry 
out this section, including regulations for the manner in which 
reimbursement under this section is to be made. 
"(d) in this section: 
"(1) The term 'financial institution' has the meaning given 
the term 'financial organization' in section 3332(a) of title 31. 
"(2) The term 'pay' includes allowances.". 
(2) The table of sections at. the beginning of such chapter is 
amended by adding after the item relating to section 1593, as added 
by section 336, the following new item: 
"1594. Reimbursement for financial institution charges incurred because of Govern-
ment error in mandatory direct deposit of pay.". 
(c) EFFECTIVE DATE.—The amendments made by subsection (a), lo use 1053 
and section 1594 of title 10, United States Code, as added by subsec- note. 
tion (b), shall apply with respect to pay and allowances deposited (or 
scheduled to be deposited) on or after the first day of the first month 
beginning after the date of the enactment of this Act. 
TITLE VII—HEALTH CARE PROVISIONS 
PART A—HEALTH CARE PROFESSIONS PERSONNEL MATTERS 
SEC. 701. AUTHORITY TO REPAY LOANS OF CERTAIN HEALTH PROFES-
SIONALS WHO SERVE IN THE SELECTED RESERVE 
(a) EXPANSION OP EDUCATION LOANS THAT QUALIFY FOR REPAY-
MENT.—Subsection (a) of section 2172 of title 10, United States Code, 
is amended— 
(1) by striking out "and" at the end of paragraph (2); 
(2) by striking out the period at the end of paragraph (3) and 
inserting in lieu thereof'; and"; and 
(3) by adding at the end the following new paragraph: 
"(4) a loan made, insured, or guaranteed through a recognized 
financial or educational institution if that loan was used to 
finance education regarding a health profession that the Sec-
retary of Defense determines to be critically needed in order to 
meet identified wartime combat medical skill shortages.". 
(b) EXTENSION OF AUTHORFFY.—Subsection (d) of such section is 
amended by striking out "October 1, 1990" and inserting in lieu 
thereof "October 1,1992". 
(c) TECHNICAL AMENDMENTS.—(1) Subsection (a) of such section is 
amended by striking out "a portion o f in paragraph (1). 
(2) Subsection (c) of such section is amended by striking out 
"portion o f in paragraph (2) and inserting in lieu thereof "amount 
of. 
(d) REPORT ON LOAN REPAYMENTS.—(1) The Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report— 
(A) evaluating the loan repajrment program for certain health 
P
rofessionals established under section 2172 of title 10, United 
tates Code (as amended by this section); and 
(B) containing a legislative proposal to establish a comprehen-
sive and coordinated program in the military departments to 
repay education loans for health professionals who serve on 
active duty or in a reserve component. 
103 STAT. 1468 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) The report required by paragraph (1) shall be submitted not 
later than January 15,1990. 
SEC. 702. REVISION OF MILITARY PHYSICIAN SPECIAL PAY STRUCTURE 
(a) VARIABLE SPECIAL PAY.—Subsection (aX2) of section 302 of title 
37, United States Code, is amended— 
(1) by striking out "$10,000" in subparagraph (C) and insert-
' 
ing in lieu thereof "$12,000"; 
(2) by striking out "$9,500" in subparagraph (D) and inserting 
* 
in lieu thereof "$11,500"; 
(3) by striking out "$9,000" in subpar£igraph (E) and inserting 
in lieu thereof "$11,000"; 
(4) by striking out "$8,000" in subparagraph (F) and inserting 
) 
in lieu thereof "$10,000"; 
li 
(5) by striking out "$7,000" in subparagraph (G) and inserting 
V in lieu thereof "$9,000"; 
(6) by striking out "$6,000" in subparagraph (H) and inserting 
in lieu thereof "$8,000"; and 
(7) by striking out "$5,000" in subparagraph (I) and inserting 
in lieu thereof "$7,000". 
Qy) ADDITIONAL SPECIAL PAY.—Subsection (aX4) of such section is 
amended— 
(1) by striking out "(A)"; 
(2) by striking out "who has less than ten years of creditable 
*^' service"; 
(3) by striking out "$9,000" and inserting in lieu thereof 
"$15,000"; and 
(4) by striking out subparagraph (B). 
(c) BOARD CERTIFICATION PAY.—Subsection (aX5) of such section is 
amended— 
(1) by striking out "$2,000" in subparagraph (A) and inserting 
m lieu thereof "$2,500"; 
(2) by striking out "$2,500" in subparagraph (B) and inserting 
• 
in lieu thereof "$3,500"; 
(3) by striking out "$3,000" in subparagraph (C) and inserting 
in lieu thereof "$4,000"; 
"* 
(4) by striking out "$4,000" in subparagraph (D) and inserting 
in lieu thereof "$5,000"; and 
(5) by striking out "$5,000" in subparagraph (E) and inserting 
in lieu thereof "$6,000". 
(d) INCENTIVE SPECIAL PAY.—Subsection 0)X1) of such section is 
amended by striking out "$8,000 for any twelve-month period" and 
all that follows through the period and inserting in lieu thereof 
"$16,000 for any twelve-month period beginning in fiscal year 1990, 
$22,000 for any twelve-month period beginning in fiscal year 1991, 
$29,000 for any twelve-month period beginning in fiscal year 1992, 
and $36,000 for any twelve-month period beginning after fiscal year 
1992.". 
(e) RESERVE MEDICAL OFFICERS SPECIAL PAY.—Subsection (h) of 
such section is amended to read as follows: 
"(h) RESERVE MEDICAL OFFICERS SPECIAL PAY.—(1) A reserve medi-
cal officer described in paragraph (2) is entitled to special pay at the 
rate of $450 a month for each month of active duty. 
"(2) A reserve medical officer referred to in paragraph (1) is a 
V 
reserve officer who— 
. . . 
, . . 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1469 
"(A) is an officer of the Medical Corps of the Army or the 
Navy or an officer of the Air Force designated as a medical 
officer; and 
"(B) is on active duty under a call or order to active duty for a 
period of less than one year/'. 
(f) STYLISTIC AMENDMENTS.—Such section is further amended— 
(1) by inserting "VARIABLE, ADDITIONAL, AND BOARD CERTIFI-
CATION SPECIAL PAY.—" in subsection (a) after "(a)"; 
(2) by inserting "INCENTIVE SPECIAL PAY.—" in subsection (b) 
after "(bX'; 
(3) by inserting "ACTIVE-DUTY AGREEMENT.—" in subsection 
(c) after "(c)"; 
(4) by inserting "REGULATIONS.—" in subsection (d) after "(d)"; 
(5) by inserting 'TREQUENCY OF PAYMENTS.—" in subsection 
(e) after "(e)"; 
(6) by inserting "REFUND FOR PERIOD OF UNSERVED OBLIGATED 
SERVICE.—" in subsection (f) after "(£)"; 
(7) by inserting "DETERMINATION OF CREDITABLE SERVICE.—" 
in subsection (g) after "(g)"; 
(8) by inserting "EFFECT OF DISCHARGE IN BANKRUPTCY.—" in 
subsection (i) after "(i)"; and 
(9) by striking out "of this section" and "of this subsection" 
each place they appear (other than in subsection (g)). 
(g) EFFECTIVE DATE.-—(1) The amendments made by subsections (a) 
37 USC 302 note. 
and (c) shall take effect on January 1,1990. 
(2) The amendments made by subsections (b) and (d) shall apply to 
an agreement entered into under section 302(cXl) of title 37, United 
Stat^ (I!ode, on or after the date of the enactment of this Act. 
(3) The amendment made by subsection (e) shall take effect on 
January 1,1990, and shall apply to pay periods beginning on or after 
such date. 
SEC 703. EXTENSION AND EXPANSION OF MEDICAL OFFICER RETENTION 
BONUS PROGRAM 
(a) BONUS AUTHORIZED.—Subsection (a) of section 612 of the Na-
tional Defense Authorization Act, Fiscal Year 1989 (102 Stat. 1979; 
37 U.S.C. 302 note), is amended by striking out "September 30,1989" 
in paragraph (1) and inserting in lieu thereof "September 30, 1990". 
(b) LIMITATION ON AMOUNT OF INCENTIVE SPECIAL PAY.—Subsec-
tion (a) of such section is further amended by adding at the end the 
following new paragraph: 
"(3) Notwithstanding any other provision of law, the amount of 
incentive special pay under section 302(b) of title 37, United States 
Code, paid to a medical officer who executes an agreement imder 
paragraph (1) may not exceed $16,000 during each year covered by 
the agreement.". 
(c) C
k
)
V
E
R
E
D OFFICERS.—Subsection (b) of such section is 
amended— 
(1) in paragraph (3), by striking out "; and" and inserting in 
lieu thereof "or has completed any active-duty service commit-
ment incurred for medic£d education and training;"; and 
(2) by striking out paragraph (4) and inserting in lieu thereof 
the following: 
"(4) has completed initial residency training (or will complete 
such training before October 1,1991); and 
"(5) is not pursuing a medical residency or fellowship subse-
quent to completing initisd residency training.". 
103 STAT. 1470 
PUBLIC LAW 101-189—NOV. 29, 1989 
(d) REPORT.—(1) Subsection (g) of such section is amended to read 
as follows: 
"(g) REPORT.—(1) Not later than March 1, 1990, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report evaluating— 
"(A) the effectiveness of the Armed Forces in retaining medi-
cal officers by providing a retention bonus under this section to 
medical officers who make a multi-year active-duty service 
commitment; and 
"(B) the effectiveness and practicability of such alternative 
multi-year options as the Secretary considers appropriate to 
encourage medical officers to make active-duty service commit-
ments of longer length. 
"(2) The options evaluated by the Secretary under paragraph 
(IXB) shall include— 
"(A) a proposal to increase the payment of additional special 
gay under subsection (aX4) of section 302 of title 37, United 
tates Code, by $2,000 for a two-year active-duty service commit-
ment, $4,000 for a three-year active-duty service commitment, 
and $8,000 for a four-year active-duty service commitment; and 
"(B) a proposal to increase the amount of incentive special 
pay provided under subsection (b) of such section to medical 
officers who make a multi-year active-duty service commitment 
by a certain percentage based on the length of the active-duty 
service commitment. 
"(3) The Secretary shall include for each option evaluated under 
paragraph (1) an assessment of the cost of such option if imple-
mented and methods to fund such option within the amounts pro-
vided for special pay under section 302 of title 37, United States 
Code.". 
(2) Such section is further amended by striking out subsection (i). 
37 u s e 302 note. 
(e) TRANSITION FOR CERTAIN OFFICERS EXCLUDED DURING FiSCAL 
YEAR 1989.—(1) In the case of an agreement that was executed by a 
medical officer under section 612 of the National Defense Authoriza-
tion Act, Fiscal Year 1989 (102 Stat. 1979; 37 U.S.C. 302 note), before 
October 1, 1989, but that was not accepted by the Secretary con-
cerned solely because of the limitation contained in subsection (h) of 
such section, the Secretary concerned may accept such agreement 
during the 90-day period beginning on the date of the enactment of 
this Act notwithstanding such limitation. 
(2) An agreement accepted under this subsection may be deemed 
^ 
by the Secretary concerned to have been accepted on the date on 
which the officer executed the agreement during fiscal year 1989. 
37 u s e 302 note. 
(f) COVERAGE OF PERIOD OF LAPSED AUTHORFTY.—In the Case of a 
medical officer described in paragraph (2) who executes an agree-
ment under section 612 of the National Defense Authorization Act, 
Fiscal Year 1989 (102 Stat. 1979; 37 U.S.C. 302 note), during the 90-
day period beginning on the date of the enactment of this Act, the 
Secretary concerned may deem such agreement to have been exe-
cuted and accepted for purposes of such section on the first date on 
which the officer would have qualified for such agreement had the 
authority referred to in such paragraph not lapsed. 
(2) A medical officer referred to in paragraph (1) is an officer who, 
during the period beginning on October 1, 1989, and ending on the 
date of the enactment of this Act, would have qualified for an 
agreement under such section but for the fact that the authority for 
the payment of bonuses provided by such section had lapsed. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1471 
(g) SECRETARY CONCERNED DEFINED.—For purposes of subsections 
37 use 302 note. 
(e) and (f), the term "Secretary concerned" has the meaning given 
that term by section 101(5) of title 37, United States Code. 
SEC 704. SPECIAL PAY FOR PSYCHOLOGISTS 
(a) SPECIAL PAY AUTHORIZED.—Section 302c of title 37, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(c) ARMY, NAVY, AND AIR FORCE PSYCHOLOGISTS.—^The Secretary 
of Defense may provide special pay at the rates specified in subsec-
tion (b) to an officer who— 
/ 
"(1) is an officer in the Medical Service CJorps of the Army or 
Navy or a biomedical sciences officer in the Air Force; 
"(2) is designated as a p^chologist; and 
"(3) has been awarded a diploma as a Diplomate in Psychol-
ogy by the American Board of Professional Psychology.". 
(b) CLERICAL AMENDMENTS.—(1) The section heading of such sec-
tion is amended by striking out "in the Public Health Service 
Corps". 
(2) The item relating to section 302c in the table of sections at the 
b^inning of chapter 5 of such title is amended by striking out "in 
the Public Health Service Corps". 
(c) STYLISTIC AMENDMENTS.—Such section is further amended— 
(1) by inserting "PUBLIC HEALTH SERVICE CtoRPS.—" in subsec-
tion (a) after "(a)"; and 
(2) by inserting "RATE OF SPECIAL PAY.—" in subsection (b) 
after "(b)". 
(d) IMPLEMENTATION OF AMENDMENT.—The Secretary of Defense 
Reports. 
may not implement subsection (c) of section 302c of title 37, United 
37 USC 302c 
States Code (as added by subsection (a)), unless the Secretary sub-
mits to the Committees on Armed Services of the Senate and House 
of Representatives a report— 
(1) justifying the need of the military departments for the 
authority provided in such subsection; and 
(2) describing the manner in which that authority wiQ be 
implemented. 
SEC. 705. ACCESSION BONUS FOR REGISTERED NURSES 
(a) ACCESSION BONUS AUTHORIZED.—(1) Chapter 5 of title 37, 
United States Code, is amended by adding aft«r section 302c the 
following new section: 
*'§ 302d. Special pay: accession bonus for registered nurses 
"(a) ACCESSION BONUS AUTHORIZED.—(1) A i)erson who is a reg-
istered nurse and who, during the period beginning on the date of 
the enactment of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 and ending on September 30, 1991, executes a 
written agreement described in subsection (c) to accept a commission 
as an officer and remain on active duty for a period of not less than 
four years may, upon the acceptance of the agreement by the 
Secretary concerned, be paid an accession bonus in an amoimt 
determined by the Secretary concerned. 
"(2) The amount of an accession bonus imder paragraph (1) may 
not exceed $5,000. 
"(b) LIMITATION ON EUGIBILITY FOR BONUS.—A person may not be 
paid a bonus under subsection (a) if— 
note. 
103 STAT. 1472 
PUBLIC LAW 101-189—NOV. 29, 1989 
;; 
y 
"(1) the person, in exchange for an agreement to accept an 
appointment as an officer, received financisil assistance from 
the Department of Defense to pursue a baccalaureate degree; or 
"(2) the Secretary concerned determines that the person is not 
qualified to become and remain licensed as a registered nurse. 
"(c) AGREEMENT.—The agreement referred to in subsection (a) 
shall provide that, consistent with the needs of the uniformed 
service concerned, the person executing the agreement will be as-
signed to duty, for the period of obligated service covered by the 
agreement, as an officer of the Nurse Corps of the Army or Navy, an 
officer of the Air Force designated as a nurse, or an officer des-
ignated as a nurse in the commissioned corps of the Public Health 
Service. 
"(d) REPAYMENT.—(1) An officer who receives a payment under 
subsection (a) and who fails to become and remain licensed £is a 
registered nurse during the period for which the pajrment is made 
shall refund to the United States an amount equal to the full 
amount of such pajonent. 
"(2) An officer who voluntarily terminates service on active duty 
before the end of the period agreed to be served under subsection (a) 
shall refund to the United States an amount that bears the same 
ratio to the amount paid to the officer as the unserved part of such 
period bears to the total period agreed to be served. 
"(3) An obligation to reimburse the United States imposed under 
^ 
paragraph (1) or (2) is for all purposes a debt owed to the United 
States. 
"(4) A discharge in bankruptcy under title 11 that is entered less 
than five years after the termination of an agreement under this 
section does not discharge the person signing such agreement from a 
debt arising under such agreement or this subsection. This para-
graph applies to any case commenced under title 11 after the date of 
the enactment of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 302c the 
following new item: 
"302d. Special pay: accession bonus for registered nurses.". 
(b) ADMINISTRATION AND IMPLEMENTATION.—Section 303a of title 
37, United States Code, is amended by inserting "302d," after 
"302c," each plac6 it appears. 
(c) REPORT ON IMPLEMENTATION.—Not later than March 1, 1990, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
describing the manner in which the authority provided in section 
302d of title 37, United States Code (as added by subsection (a)), is 
implemented. 
SEC. 706. INCENTIVE PAY FOR NURSE ANESTHETISTS 
(a) AUTHORIZATION FOR INCENTIVE PAY.—(1) Chapter 5 of title 37, 
United States Code, is amended by inserting after section 302d (as 
added by section 705) the following new section: 
"§ 302e. Special pay: nurse anesthetists 
"(a) SPECIAL PAY AUTHORIZED.—(1) An officer described in subsec-
tion (b) who, during the period beginning on the date of the enact-
ment of the National Defense Authorization Act for Fiscal Years 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1473 
1990 and 1991 and ending on September 30, 1991, executes a written 
agreement to remain on active duty for a period of one year or more 
may, upon the acceptance of the agreement by the Secretary con- 
^ 
cemed, be paid incentive special pay in an amount not to exceed 
^ 
$6,000 for any 12-month period. 
"(2) The Secretary concerned shall determine the amount of 
~ 
incentive special pay to be paid to an officer under paragraph (1). In 
determining that amount, the Secretary concerned shall consider 
the period of obligated service provided for in the agreement under 
that paragraph. 
"Qa) COVERED OFFICERS.—An officer referred to in subsection (a) is 
an officer of a uniformed service who— 
"(1) is an officer of the Nurse Corps of the Army or Navy, an 
r 
officer of the Air Force designated as a nurse, or an officer 
designated as a nurse in the commissioned corps of the Public 
Health Service; 
"(2) is a qualified certified registered nurse anesthetist; and 
"(3) is on active duty under a call or order to active duty for a 
period of not less than one year. 
"(c) TERMINATION OF AGREEMENT.—Under regulations prescribed 
by the Secretary of Defense, with respect to the Army, Navy, and 
Air Force, and the Secretary of Health and Human Services, with 
respect to the Public Health Service, the Secretary concerned may 
terminate an agreement entered into under subsection (a). Upon 
termination of an agreement, the entitlement of the officer to 
special pay under this section and the agreed upon commitment to 
active duty of the officer shall end. The officer may be required to 
refund that part of the special pay corresponding to the unserved 
period of active duty. 
"(d) PAYMENT.—Special pay payable to an officer under subsection 
(a) of this section shall be paid annually at the beginning of the 12-
month period for which the officer is to receive that pa)rment. 
"(e) REPAYMENT.—(1) An officer who voluntarily terminates serv-
ice on active duty before the end of the period agreed to be served 
under subsection (a) shall refund to the United States an amount 
that bears the same ratio to the amount paid to the officer as the 
unserved part of such period bears to the total period agreed to be 
served. 
"(2) An obligation to reimburse the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States. 
"(3) A discharge in beuikruptcy under title 11 that is entered less 
than five years after the termination of an eigreement under this 
section does not discharge the person signing such £igreement from a 
debt arising under such agreement or this subsection. This para-
graph applies to any case commenced under title 11 after the date of 
the enactment of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 302d (as 
added by section 705) the following new item: 
"302e. Special pay: nurse anesthetists.". 
(b) ADMINISTRATION AND IMPLEMENTATION.—Section 303a of title 
37, United States CJode (as amended by section 705(b)), is further 
amended by inserting "302e," after "302d," each place it appears. 
(c) REPORT ON MILFTARY USE OF (IIERTIFIED REGISTERED NURSE 
ANESTHETISTS.—(1) The Secretary of Defense shall submit to the 
103 STAT. 1474 
PUBLIC LAW 101-189—NOV. 29, 1989 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on the use of certified registered nurse anes-
thetists by the military departments. The report shall include— 
(A) a description of restrictions imposed by the military 
departments on the use of such nurses; 
(B) a comparison of such restrictions with restrictions im-
posed by other entities on the use of such nurses; 
(C) a description of the number of persons who annually 
receive training by the military departments to be certified 
registered nurse anesthetists; ana 
(D) the desirability and cost of expanding the capability of the 
military departments to provide such training. 
(2) The report required by paragraph (1) shall be submitted not 
later than March 1,1990. 
SEC. 707. NURSE OFFICER CANDIDATE ACCESSION BONUS 
c 
(a) BONUS AUTHORIZED.—Chapter 105 of title 10, United States 
Code, is amended by adding at the end the following new sub-
chapter: 
"SUBCHAPTER ni—NURSE OFFICER CANDIDATE 
ACCESSION PROGRAM 
" S e c . 
• 
• 
• 
^ 
"2130a. Financial assistance: nurse officer candidates. 
*'§ 2130a. Financial assistance: nurse ofHcer candidates 
"(a) BONUS AUTHORIZED.—(1) A person described in subsection Qa) 
who, during the period beginning on the date of the enactment of 
the National Defense Authorization Act for Fiscal Years 1990 and 
1991 and ending on September 30, 1991, executes a written agree-
ment in accordance with subsection (c) to accept an appointment £is 
a nurse officer may, upon the acceptance of the agreement by the 
Secretary concerned, be paid an accession''bonus of not more than 
$5,000. The bonus shall be paid in periodic installments, as deter-
mined by the Secretary concerned at the time the agreement is 
accepted, except that the first installment may not exceed $2,500. 
"(2) In addition to the accession bonus payable under paragraph 
(1), a person selected under such paragraph shall be entitled to a 
montUy stipend of not more than $500 for each month the individ-
ual is enrolled as a full-time student in an accredited baccalaureate 
degree program in nursing at a civilian educational institution that 
does not have a Senior Reserve Officers' Training Program estab-
lished under section 2102 of this title. The continuation bonus may 
be paid for not more than 24 months. 
*Xb) EuGiBLE STUDENTS.—A person eligible to enter into an agree-
ment under subsection (a) is a person who— 
"(1) is enrolled as a full-time student in an accredited bacca-
laureate degree program in nursing at a civilian educational 
institution that does not have a Senior Reserve Officers* TVain-
ing Program established under section 2102 of this title; 
(2) has completed the second year of an accredited bacca-
laureate degree program in nursing and has more than 6 
months of academic work remaining before graduation; and 
"(3) meets the qualifications for appointment as an officer of a 
reserve component of the Army, Navy, or Air Force as set forth 
in section 591 of this title or, in the case of the Public Health 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1475 
Service, section 207 of the Public Health Service Act (42 U.S.C. 
209) and the regulations of the Secretary concerned. 
"(c) REQUIRED AGREEMENT.—The agreement referred to in subsec-
tion (a) shall provide that the person executing the agreement 
agrees to the following: 
"(1) That the person will complete the nursing degree pro-
gram described in subsection G)X1). 
"(2) That, upon acceptance of the £igreement by the Secretary 
concerned, the person will enlist in a reserve component of an 
armed force. 
"(3) That the person will accept an appointment as an officer 
in the Nurse Corps of the Army or the Navy or as an officer 
designated as a nurse officer in the Air Force or commissioned 
corps of the Public Health Service, as the case may be, upon 
graduation from the nursing degree program. 
"(4) That the person will serve on active duty as such an 
officer— 
"(A) for a period of 4 years in the case of a person whose 
agreement was accepted by the Secretary concerned during 
that person's fourth year of the nursing degree program; or 
"(B) for a period of 5 years in the case of a person whose 
agreement was accepted by the Secretary concerned during 
that person's third year of the nursing degree prog^'am. 
"(d) REFUND OF PAYMENTS.—(1) A person shall refund any bonus 
or stipend paid under subsection (a) if the person— 
"(A) fails to complete a nursing degree program in which the 
person is enrolled in accordance with the agreement entered 
into under such subsection; 
"(B) having completed the nursing degree program, fails to 
accept an appointment, if tendered, as an officer of the Nurse 
(Dorps of the Army or the Navy or as an officer designated as a 
nurse officer of the Air Force or commissioned corps of the 
Public Health Service; or 
"(C) fails to complete the period of obligated active service 
required under the agreement. 
"(2) An obligation to reimburse the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States. 
"(3) A discharge in bankruptcy under title 11 that is entered less 
than five years after the termination of an agreement under this 
section does not discharge the person signing such agreement from a 
debt arising under such agreement or this subsection. This para-
graph applies to any case commenced under title 11 after the date of 
the enactment of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991.". 
"(e) REGULATIONS.—The Secretaries concerned shall prescribe 
regulations to carry out this section.". 
(\y) dlLERicAL AMENDMENT.—The table of subchapters at the begin-
ning of chapter 105 of such title is amended by adding at the end the 
following new item: 
"III. Nurse Officer Candidate Accession Program 
2130a". 
SEC. 708. PROGRAM TO INCREASE USE OF CERTAIN NURSES BY THE 
10 USC 531 note. 
MILITARY DEPARTMENTS 
(a) PROGRAM REQUIRED.—(1) Not later than September 30, 1991, 
the Secretary of each military department shall implement a pro-
gram to appoint persons who have an associate degree or diploma in 
103 STAT. 1476 
PUBLIC LAW 101-189—NOV. 29, 1989 
nursing (but have not received a baccalaureate degree in nursing) as 
officers and to assign such officers to duty as nurses. 
(2) An officer appointed pursuant to the program required by 
subsection (a) shall be appointed in a warrant officer grade or in a 
^ 
commissioned grade not higher than 0-3. Such officer may not be 
promoted above the grade of 0-3 unless the officer receives a 
>accalaureate degree in nursing. 
(b) REPORT ON IMPLEMENTATION.—Not later than April 1,1990, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
actions taken by the Secretaries of the military departments to 
implement the program required by this section. 
SEC. 709. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF 
REGULAR OFFICERS IN A HEALTH-RELATED PROFESSION 
Section 1251(cX2) of title 10, United States Code, is amended— 
(1) by striking out "A deferment" and inserting in lieu therof 
"(A) Except as provided in subparagraph (B), a deferment"; 
(2) by striking out "67 years of age" and inserting in lieu 
thereof "68 years of age"; and 
(3) by adding at the end the following new subparagraph: 
"(B) The Secretary concerned may extend a deferment under this 
subsection beyond the day referred to in subparagraph (A) if the 
Secretary determines that extension of the deferment is necessary 
for the needs of the military department concerned. Such an exten-
sion shall be made on a case-by-case basis and shall be for such 
period as the Secretary considers appropriate.". 
SEC. 710. RETENTION IN ACTIVE SERVICE OF RESERVE OFFICERS IN A 
HEALTH-RELATED PROFESSION 
(a) ARMY.—(1) Subsection (c) of section 3855 of title 10, United 
States Code, is amended— 
(A) by striking out "An officer" and inserting in lieu thereof 
"(1) Except as provided in paragraph (2), an officer"; 
(B) by striking out "67 years of age" and inserting in lieu 
fi thereof "68 years of age"; and 
(C) by adding at the end the following new paragraph: 
"(2) The Secretary of the Army may retain an officer (other thsin 
an officer in the Chaplains) in an active status under this section 
after the date on which the officer becomes 68 years of age if the 
Secretary determines that continued retention is necessary for the 
needs of the Army.". 
(2) Such section is further amended by adding at the end the 
following new subsection: 
"(d) Subsection (aXD of section 324 of title 32 shall not apply to an 
officer during any period in which the officer is retained in an active 
status under this section.". 
0)) NAVY.—Subsection (c) of section 6392 of such title is amended— 
(1) by striking out "An officer" and inserting in lieu thereof 
"(1) Except as provided in paragraph (2), an officer"; 
(2) by striking out "67 years of age" and inserting in lieu 
thereof "68 years of age"; and 
(3) by adding at the end the following new paragraph: 
"(2) The Secretary of the Navy may retain an officer (other than 
an officer in the Chaplain Corps) in an active status under this 
section after the date on which the officer becomes 68 years of age if 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1477 
the Secretary determines that continued retention is necessary for 
the needs of the Navy/*. 
(c) Am FoBCK.—(1) Subsection (c) of section 8855 of such title is 
amended— 
(A) by striking out ''An ofBcer" and inserting in lieu thereof 
"(1) Except as provided in paragraph (2), an officer"; 
(B) by striking out "67 years of age" and inserting in lieu 
thereof "68 years of age"; and 
(C) by adding at the end the following new paragraph: 
"(2) The Secretary of the Air Force may retain an officer (other 
than an of&cer who is designated as a chaplain) in an active status 
under this section after the date on which the officer becomes 68 
years of age if the Secretary determines that continued retention is 
necessary for the needs of the Air Force.". 
(2) Such section is further amended by adding at the end the 
following new subsection: 
"(d) Subsection (aXD of section 324 of title 32 shall not apply to an 
officer during any period in which the officer is retained in an active 
status under this section.". 
SEC. 711. RETENTION OF CERTAIN RESERVE PSYCHOLOGISTS IN ACTTVE 
STATUS 
(a) AKMT.—Section 3855(a) of title 10, United States (Dode, is 
amended by striking out "the podiatry specialty in the Medical 
Allied Sciences Section of the Medical Service Corps, the Optometry 
Section of the Medical Service Corps," and inserting in lieu thereof 
the following "the Medical Service Corps (if the officer has been 
designated as an allied health officer or biomedical sciences officer 
in that Corps),". 
(b) NAVT.—Section 6392(a) of such title is amended by inserting 
"allied health officer," before "or biomedical sciences officer". 
SEC. 
7
1
2
. 
REALLOCATION OF NAVAL RESERVE REAR ADMIRAL 
POSI-
TIONS 
AUTHORIZED 
FOR 
HEALTH 
PROFESSIONS 
^ 
Effective on October 1, 1990, section 5457(a) of title 10, United Effective date. 
States Code, is amended— 
(1) by striking out "Medical Corps—T' and inserting in lieu 
thereof "Medical Corps—5"; and 
(2) by inserting after and below paragraph C
O the following: 
"(8) Nurse Corps—L 
"(9) Medical Service Corps—1.". 
PABT B—^HEALTH CARE MANAGEMENT 
S E C 721. PROHIBITION ON CHARGES FOR OUTPATIENT MEDICAL AND 
10 USC 1074 
DENTAL CARE 
note. 
During fiscal years 1990 and 1991, the Secretary of Defense may 
not impose a charge for the receipt of outpatient medical or dentsd 
care at a military medical treatment facility. 
SEC 
7
2
2
. 
SHARING OF HEALTH-CARE 
RESOURCES 
WITH 
THE 
DEPART-
MENT 
OF 
VETERANS 
AFFAIRS 
(cO IN GENERAL.—Chapter 55 of title 10, United States Code, is 
amended by adding at the end the following new section: 
103 STAT. 1478- 
PUBLIC LAW 101-189—NOV. 29, 1989 
"§ 1104. Sharing of health-care resources with the Department of 
Veterans Affairs 
"(a) SHARING OF HEALTH-CARE RESOURCES.—Health-care resources 
of the Department of Defense may be shared with health-care 
resources of the Department of Veterans Affairs in accordance with 
section 5011 of title 38 or under section 1535 of title 31. 
"(h) REIMBURSEMENT FROM C H A M P U S FUNDS.—Pursuant to an 
agreement entered into under section 5011 of title 38 or section 1535 
of title 31, the Secretary of a military department may reimburse 
the Secretary of Veterans Affairs from funds available for that 
military department for the payment of medical care provided 
under section 1079 or 1086 of this title. 
"(c) CHARGES.—The Secretary of Defense may prescribe by regfula-
tion a premium, deductible, copayinent, or other charge for heedth 
care provided to covered beneficiaries under this chapter pursuant 
to an agreement entered into by the Secretary of a military depart-
ment under section 5011 of title 38 or section 1535 of title 31. 
"(d) PROVISION OF SERVICES DURING WAR OR NATIONAL EMER-
GENCY.—Members of the armed forces on active duty during and 
immediately following a period of war, or during and immediately 
following a national emergency involving the use of the armed 
forces in armed conflict, may be provided health-care services by the 
Department of Veterans Affairs in accordance with section 5011A of 
title 38.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"1104. Sharing of health-care resources with the Department of Veterans Affairs.". 
10 use 2687 
. SEC. 723. PROHIBITION ON REDUCING END STRENGTH LEVELS FOR 
note. 
MEDICAL PERSONNEL AS A RESULT OF BASE CLOSURES AND 
REALIGNMENTS 
(a) PROHIBITION.—The end strength levels for medical personnel 
for each component of the Armed Forces, and the number of civilian 
personnel of the Department of Defense assigned to military medi-
cal facilities, may not be reduced as a result of the closure or 
realignment of a military installation under section 2687 of title 10, 
United States Code, or title II of the Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public Law 100-526; 
10 U.S.C. 2687 note). 
(b) MEDICAL PERSONNEL DEFINED.—For purposes of subsection (a), 
the term "medical personnel" has the meaning given that term in 
subparagraph (D) of section 115(bXl) of title 10, United States Code. 
Regulations. 
SEC. 724. REVISED DEADLINE FOR THE USE OF DIAGNOSIS-RELATED 
10 use 1101 
GROUPS FOR OUTPATIENT TREATMENT 
The regulations required by section 1101(a) of title 10, United 
- States Cede, to establish the use of diagnosis-related groups as the 
primary criteria for the allocation of resources to health care facili-
ties of the uniformed services shall be prescribed to take effect not 
later than October 1, 1991, in the case of outpatient treatments. 
SEC. 
7
2
5
. 
ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP PRO-
GRAM 
(a) SPECIALIZED TRAINING DEFINED.—Section 2120 of title 10, 
United States (Dode, is amended by adding at the end the following 
new paragraph: 
note. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1479 
"(4) The term 'specialized training* means advanced training 
in a health professions specialty received in an accredited pro-
gram that is b^ond the basic education required for appoint-
ment as a commissioned officer with a designation as a health 
professional/'. 
(b) EXPANSION OF PROGRAM.—Section 2121 of such title is 
amended— 
(1) in subsection (aX by striking out "health professions schol-
arship program" and inserting in lieu thereof "health profes-
sions scholarship and financial assistance program"; 
(2) in subsection (b), by inserting "and specialized training" 
after "study"; and 
(3) in subsection (c)— 
(A) by striking out "of the program" in the second sen-
tence and inserting in lieu thereof "pursuing a course of 
study"; and 
(B) by inserting after the second sentence the following 
new sentence: 
Members pursuing specialized training 
shall serve on active duty in a pay grade commensurate 
with their educational level, as determined by appointment 
under sections 3353, 5600, or 8353 of this title, with full pay 
and allowances of that grade for a period of 14 dajrs during 
each year of participation in the program.". 
(c) EudBiuTY.—Paragraph (1) of section 2122(a) of such title is 
amended by striking out "in a course of study" and all that follows 
through the semicolon and inserting in lieu thereof "in a course of 
study or selected to receive specialized training;". 
(d) FINANCIAL ASSISTANCE.—(1) Section 2127 of such title is amend-
ed by adding at the end the following new subsection: 
"(e) A person participating as a member of the program in special- Grants. 
ized training shall be paid an annual grant of $15,0()() in addition to 
the stipend under section 2121(d) of this title. Tlie amount of the 
grant shall be increased annually by the Secretary of Defense, 
effective July 1 of each year, in the same manner as provided for 
stipends.". 
(2) The heading of such section is amended to read as follows: 
"§ 2127. Scholarships and financial assistance: payments*'. 
(3) The item relating to such section in the table of sections at the 
b^inning of subchapter I of chapter 105 of such title is amended to 
read as follows: 
"2127. Scholarships and financial assistance: paymmts.". 
(e) REPORT ON IMPLEMENTATION.—Not later than March 1, 1990, l
O use 2127 
the Secretary of Defense shall submit to the Committees on Armed ^°^-
Services of the Senate and the House of Representatives a report 
describing the manner in which the new authority provided by this 
section is implemented. 
(f) REPORT ON SUCCESS OF FINANCIAL ASSKTANCE PROGRAM.—(1) 
The Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report— 
(A) evaluating the success of the financial assistance program 
established by ^ i s section; and 
(B) describing the number of participants in the program 
receiving specialized training payments imder subsection (e) of 
section 2 1 ^ of title 10, Unital States Code (as added by sub-
section (d)) and the projected number of officers to be gained, by 
103 STAT. 1480 
PUBLIC LAW 101-189—NOV. 29, 1989 
specialty, as a result of the program for each military 
department. 
(2) The report required by paragraph (1) shall be submitted not 
later than March 1,1991. 
(g) DELAY IN TARGETING SCHOLARSHIPS FOR CRITICALLY NEEDED 
WARTIME SKILLS.—Paragraph (2) of section 2124 of such title is 
amended by inserting "after September 30,1991," after "(2)". 
QLO CLERICAL AMENDMENTS.—(1) Section 2120 of title 10, United 
States Code, is amended by striking out "the Armed Forces Health 
Professions Scholarship program" each place it appears and insert-
ing in lieu thereof "the Armed Forces Health Professions Scholar-
ship and Financial Assistance program". 
(2) The subchapter heading of subchapter I of chapter 105 of such 
y 
title is amended to read as follows: 
"SUBCHAPTER 
I—HEALTH 
PROFESSIONS 
SCHOLARSHIP 
AND FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE 
SERVICE". 
(3) The item relating to such subchapter in the table of sub-
chapters at the beginning of such chapter is amended to read as 
follows: 
"I. Health Professions Scholarship and Financial Assistance Program for 
Active Service 
2120". 
SEC. 726. UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES 
AND HENRY M. JACKSON FOUNDATION FOR THE ADVANCE-
V 
MENT OF MILITARY MEDICINE 
" 
(a) INCREASED NUMBER OF EXEMPTIONS FROM DUAL-PAY PROVI-
SION.—Subsection (fK2) of section 2113 of title 10, United States 
Code, is amended by striking out "two exemptions" in the last 
sentence and inserting in lieu thereof "five exemptions". 
\ 
0>) GRANT AUTHORITY.—(1) Subsection OX^XA) of such section is 
amended— 
(A) by inserting ", accept grants from, and make grants to" 
* 
after "contracts with"; and 
(B) by striking out "or with" and inserting in lieu thereof 
"or". 
(2) Subsection (gXD of section 178 of such title is amended by 
inserting ", accept grants from, and make grants to" after "con-
tracts with". 
SEC. 727. RETENTION OF FUNDS COLLECTED FROM THIRD-PARTY 
PAYERS OF INPATIENT CARE FURNISHED AT FACILITIES OF 
THE UNIFORMED SERVICES 
(a) RETENTION AUTHORIZED.—Section 1095 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following new subsec-
tion (g): 
"(g) Amounts collected under this section from a third-party payer 
for the costs of inpatient hospital care provided at a facility of the 
uniformed services shall be credited to the appropriation supporting 
the maintenance and operation of the facility.". 
10 use 1095 
0)) EFFECTIVE DATE.—The amendment made by this section shall 
"°**- 
take effect on October 1, 1989, and shall apply to amounts collected 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1481 
under section 1095 of title 10, United States Code, on or after that 
date. 
SEC. 728. REALLOCATION OF CERTAIN CIVILIAN PERSONNEL POSITIONS 
TO MEDICAL SUPPORT 
(a) REALLOCATION OF POSITIONS REQUIRED.—In implementing the 
report of the Deputy Inspector Genersd of the Department of De-
fense entitled "Review of Unified and Specified Command Head-
quarters" (completed in February 1988), the Secretary of the Army 
and the Secretary of the Navy shall reallocate to medical support 
positions the 939 civilian positions selected for elimination. 
(b) REPORT ON REALLOCATION.—(1) The Secretary of the Army and 
the Secretary of the Navy sh£ill jointly submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
describing, as of the date such report is submitted— 
(A) the medical support positions created pursuant to subsec-
tion (a); 
(B) the location of such positions; and 
(C) the duties of the civilian personnel in such positions. 
(2) The report required by paragraph (1) shall be submitted not 
\ 
later than March 1,1990. 
SEC. 729. CODIFICATION OF APPROPRIATION PROVISION RELATING TO 
CHAMPUS 
Subsection (c) of section 1074 of title 10, United States Code, is 
amended by adding at the "end the following new sentence: *Tf a 
private facility or health care provider providing care under this 
subsection is a health care provider under the Civilian Health and 
^ 
Medical Progreim of the Uniformed Services, the Secretary of De-
fense, after consultation with the other administering Secretaries, 
may by regulation require the private facility or health care pro-
vider to provide such care in accordance with the same payment 
rules (subject to any modifications considered appropriate by the 
Secretary) as apply under that program.". 
SEC. 730. LIMITATION ON CHAMPUS PAYMENTS TO NONINSTITUTIONAL 
HEALTH-CARE PROVIDERS 
(a) CHANGE IN LIMITATION.—Subsection (h) of section 1079 of title 
10, United States (Dode, is amended by striking out "90th percentile" 
both places it appears and inserting in lieu thereof "80th per-
centile". 
(b) APPLICABILITY.—The amendment made by subsection (a) shall 
10 USC 1079 
apply to services provided on or after October 1,1989. 
^°^^-
SEC. 731. CLARIFICATION AND CORRECTION OF PROVISIONS RELATING 
TO HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES 
(a) EUGIBILTTY OF CERTAIN FORMER SPOUSES.—ScctiOU 1072(2) of 
title 10, United States Code, is amended— 
(1) by striking out "and" at the end of clause (F); 
(2) by striking out the period at the end of clause (G) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end the following new clause: 
"(H) a person who would qualify as a dependent under clause 
(G) but for the fact that the date of the final decree of divorce, 
dissolution, or annulment of the person is on or after April 1, 
1985, except that the term does not include the person after the 
103 STAT. 1482 
PUBLIC LAW 101-189—NOV. 29, 1989 
end of the one-year period beginning on the date of that final 
decree.". 
(b) AVAILABILITY OP CONVERSION HEALTH POUCIES AND EXTENSION 
O
P ELIGIBILITY POR MEDICAL AND DENTAL CARE.—(1) Chapter 55 of 
such title is amended by inserting after section 1086 the following 
new section: 
"§ 1086a. Certain former spouses: extension of period of eligibility 
for health benefits 
"(a) AVAILABILITY OP CONVERSION HEALTH POUCIES.—The Sec-
retary of Defense shall inform each person who has been a depend-
ent for a period of one year or more under section 1072(2XH) of this 
title of the availability of a conversion health policy for purchase by 
the person. 
"(b) EFPECT OP PURCHASE.—(1) Subject to paragraph (2), if a person 
who is a dependent for a one-year period under section 1072(2XH) of 
this title purchases a conversion health policy within that period (or 
within a reasonable time after that perioa as prescribed by the 
' 
Secretary of Defense), the person shall continue to be eligible for 
medical and dent€d care in the manner described in section 1076 of 
this title and health benefits under section 1086 of this title until the 
end of the one-year period beginning on the later of— 
"(A) the date the person is no longer a dependent under 
section 1072(2XH) of this title; and 
"(B) the date of the purchase of the policy. 
"(2) The extended period of eligibility provided under parsigraph 
(1) shall apply only with regard to a condition of the person that— 
"(A) exists on the date on which coverage under the conver-
sion health policy begins; and 
"(B) for which care is not provided under the policy solely on 
the grounds that the condition is a preexisting condition. 
"(c) CONVERSION HEALTH POLICY DEPINED.—In this section, the 
term 'conversion health policy' means a health insurance policy 
with a private insurer, developed through negotiations between the 
• 
Secretary of Defense and the private insurer, that is available for 
purchase by or for the use of a person who is a dependent for a one-
year period under section 1072(2)(H) of this title.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting Eifter the item relating to section 1086 the 
following new item: 
"1086a. Certain former spouses: extension of period of eligibility for health 
' 
i . 
:- 
' 
benefits.". 
(c) CoNPORMiNG AMENDMENTS.—(1) Subsection (f) of section 1076 
of such title is repealed. 
(2) Paragraph (3) of section 1086(c) of such title is amended to read 
as follows: 
"(3) A dependent covered by clause (F), (G), or (H) of section 
1072(2) of this title who is not eligible under paragraph (1).". 
10 use 1072 
(d) 
EPPECTTVE DATE; APPLICATION OP AMENDMENTS.—(1) 
The 
note. 
amendments made by this section apply to a person referred to in 
section 1072(2XH) of title 10, United States Code (as added by 
subsection (a)), whose decree of divorce, dissolution, or annulment 
becomes final on or after the date of the enactment of this Act. 
(2) The amendments made by this section shall also apply to a 
person referred to in such section whose decree of divorce, dissolu-
tion, or annulment became final during the period beginning on 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1483 
September 29, 1988, and ending on the day before the date of the 
enactment of this Act, as if the amendments had become effective on 
September 29,1988. 
(e) TRANSITION.—(1) In the case of a person who qualified as a lo USC 1072 
dependent under section 645(c) of the Department of Defense note. 
Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2549), on 
September 28, 1988, the Secretary of Defense shall make a conver-
sion health policy available for purchase by the person during the 
remaining period the person is considered to be a dependent under 
that section (or within a reasonable time after that period as 
prescribed by the Secretary of Defense). 
(2) Purchaise of a conversion health policy under paragraph (1) by 
a person shall entitle the person to health care for preexisting 
conditions in the same manner and to the same extent as provided 
by section 1086a(b) of title 10, United States Code (as added by 
subsection (b)), until the end of the one-year period beginning on the 
later of— 
(A) the date the person is no longer qualified as a dex>endent 
under section 645(c) of the Department of Defense Authoriza-
tion Act, 1985; and 
(B) the date of the purchase of the policy. 
(3) For purposes of this subsection, the term "conversion health 
policy" hais the meaning given that term in section 1086a(c) of title 
10, United States Code (as added by subsection (b)). 
TITLE VIII—ACQUISITION POLICY, ACQUISITION 
MANAGEMENT, AND RELATED MATTERS 
PART A—PROCEDURES FOR MAJOR DEFENSE ACQUISITION PROGRAMS 
SEC. 801. ASSESSMENT OF RISK IN CONCURRENT DEVELOPMENT OF 10 USC 2399 
M
A
J
O
R DEFENSE ACQUISITION SYSTEMS 
note. 
(a) EsTABUSHMENT O
F PoiJCY.—The Secretary of Defense shall 
establish guidelines for— 
(1) determining the d^ree of concurrency that is appropriate 
for the development of major defense acquisition systems; and 
(2) assessing the degree of risk associated with various degrees 
of concurrency. 
(b) REPORT ON GUIDEIINES.—The Secretary shall submit to (Con-
gress a report that describes the guidelines established under 
subsection (a) and the method used for assessing risk associated with 
concurrency. 
(c) REPORT ON CONCURRENCY IN MAJOR ACQUISITION PROGRAMS.— 
(1) The Secretary shall also submit to Congress a report outlining 
the risk associated with concurrency for each major defense acquisi-
tion program that is in either fuU-scale development or low-rate 
initial production as of January 1,1990. 
(2) The report shall include consideration of the following matters 
with respect to each such program: 
(A) The d^ree of confidence in the enemy threat assessment 
for establishkig the system's requirements. 
(B) The type of contract involved. 
(C) The degree of stability in program funding. 
(D) The level of maturity of technology involved in the 
system. 
103 STAT. 1484 
PUBLIC LAW 101-189—NOV. 29, 1989 
(E) The availability of adequate test assets, including facilities 
and ranges. 
(F) The plans for transition from development to production. 
(d) SUBMISSION OF REPORTS.—The reports under subsections (b) 
and (c) shall be submitted to Congress not later than March 1, 1990. 
(e) 
DEFINITION.—For 
purposes of this 
section, the term 
"concurrency" means the degree of overlap between the develop-
ment and production processes of an acquisition program. 
SEC. 802. OPERATIONAL TEST AND EVALUATION 
(a) IN GENERAL.—(1) Chapter 141 of title 10, United States Code, is 
amended by inserting after section 2398 the following new section: 
"§2399. Operational test and evaluation of defense acquisition 
programs 
"(a) CONDITION FOR PROCEEDING BEYOND LOW-RATE INITIAL 
PRODUCTION.—(1) The Secretary of Defense shall provide that a 
major defense acquisition program may not proceed beyond low-rate 
initial production until initial operational test and evaluation of the 
program is completed. 
"(2) In this subsection, the term "major defense acquisition pro-
gram means— 
"(A) a conventional weapons system that is a major system 
within the meaning of that term in section 2302(5) of this title; 
and 
"(B) is designed for use in combat. 
"(b) OPERATIONAL TEST AND EVALUATION.—(1) Operational testing 
of a major defense acquisition program may not be conducted until 
the Director of Operational Test and Evaluation of the Department 
of Defense approves (in writing) the adequacy of the plans (including 
the projected level of funding) for operational test and evaluation to 
be conducted in connection with that program. 
"(2) The Director shall analyze the results of the operational test 
and evaluation conducted for each major defense acquisition pro-
Reports, 
gram. At the conclusion of such testing, the Director shall prepare a 
report stating the opinion of the Director as to— 
"(A) whether the test and evaluation performed were ade-
quate; and 
"(B) whether the results of such test and evaluation confirm 
that the items or components actually tested are effective and 
suitable for combat. 
"(3) The Director shall submit each report under paragraph (2) to 
the Secretary of Defense, the Under Secretary of Defense for Ac-
quisition, and the congressional defense committees. Each such 
report shall be submitted to those committees in precisely the same 
form and with precisely the same content as the report originally 
was submitted to the Secretary and Under Secretary and shall be 
accompanied by such comments as the Secretary may wish to make 
on the report. 
"(4) A final decision within the Department of Defense to proceed 
with a major defense acquisition program beyond low-rate initial 
production may not be made until the Director has submitted to the 
Secretary of Defense the report with respect to that program under 
paragraph (2) and the congressional defense committees have re-
ceived that report. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1485 
"(5) In this subsection, the term "major defense acquisition pro-
gram" has the meaning given that term in section 138(aX2XB) of this 
title. 
"(c) 
DETERMINATION OP QUANTITY OF ARTICLES REQUIRED FOR 
OPERATIONAL TESTING.—The quantity of articles of a new system 
that are to be procured for operational testing shall be determined 
b y -
"(1) the Director of Operational Test and Evaluation of the 
Department of Defense, in the case of a new system that is a 
major defense acquisition program (as defined in section 
138(aX2XB) of this title); or 
"(2) the operational test and evaluation agency of the military 
department concerned, in the case of a new system that is not a 
major defense acquisition program. 
"(d) IMPARTIALITY OF CONTRACTOR TESTING I*ERSONNEL.—In the 
case of a major defense acquisition program (as defined in subsection 
(aX2)), no person employed by the contractor for the system being 
t^ted may be involved in the conduct of the operational test and 
evaluation required under subsection (a). The limitation in the 
preceding sentence does not apply to the extent that the Secretary 
of Defense plans for persons employed by that contractor to be 
involved in the operation, maintenance, and support of the system 
being tested when the system is deployed in combat. 
"(e) IMPARTIAL CJONTRACTED ADVISORY AND ASSISTANCE SERVICES.— 
(1) The Director may not contract with any person for advisory and 
assistance services with regard to the test and evaluation of a 
system if that person participated in (or is participating in) the 
development, production, or testing of such system for a militery 
department or Defense Agency (or for smother contractor of the 
^ 
Department of Defense). 
(2) The Director may waive the limitetion under paragraph (1) in 
any case if the Director determines in writing that sufficient steps 
have been taken to ensure the impartiality of the contractor in 
providing the services. The Inspector General of the Department of Reports. 
Defense shall review each such waiver and shall include in the 
Inspector Greneral's semi-cmnual report an assessment of those waiv-
ers made since the last such report. 
' { '-
"(3) A contractor that has participated in (or is participating in) 
the development, production, or testing of a system for a military 
department or Defense Agency (or for another contractor of the 
Department of Defense) may not be involved (in any way) in the 
esteblishment 
of 
criteria 
for 
date 
collection, 
performance 
assessment, or evaluation activities for the operational test and 
evaluation. 
"(f) SOURCE OF FUNDS FOR TESTING.—The costs for all tests re-
quired under subsection (a) shall be paid from funds available for 
^ 
the system being tested. 
"(g) DIRECTOR S ANNUAL REPORT.—As part of the annual report of 
the Director under section 138 of this title, the Director shall 
describe for each program covered in the report the stetus of test 
and evaluation activities in comparison with the test and evaluation 
master plan for that program, as approved by the Director. The 
Director shall include in such annu£d report a description of each 
waiver granted under subsection (eX2) since the last such report. 
"(h) DEFiNmoNS.—In this section: 
"(1) The term 'operational test and evaluation' has the mean-
ing given that term in section 138(aX2XA) of this title. For 
103 STAT. 1486 
PUBLIC LAW 101-189—NOV. 29, 1989 
purposes of subsection (a), that term does not include an oper-
. ^ 
ational assessment based exclusively on— 
"(A) computer modeling; 
c i
^ "(B) Emulation; or 
*> 
, 
"(O an analysis of system requirements, engineering 
proposals, design specifications, or any other information 
contained in program documents. 
"(2) The term 'congressional defense committees' means the 
Committees on Armed Services and the Committees on Appro-
priations of the Senate and House of Representatives.''. 
(2) The table of sections at the b^inning of such chapter is 
amended by inserting after the item relating to section 2398 the 
foUowing new item: 
"2399. Operational test and evaluation of defense acquisition programs.". 
(b) CONFORMING AMENDMENTS TO SECTION 138.—Section 138 of 
such title is amended— 
(1) in subsection (b)— 
. , 
(A) by inserting "and" at the end of paragraph (4); 
>• 
(B) by striking out paragraph (5); and 
r . 
(Q by redesignating paragraph (6) as paragraph (5); 
(2) by striking out subsection (c); 
(3) by striking out "(dXl)" and inserting in lieu thereof "(c)"; 
(4) by striking out "(2) The Director may not" and inserting in 
lieu thereof "(d) The Ettrector may not"; 
(5) by striking out subsection (f); 
(6) by striking out "(gXl)" and inserting in lieu thereof "(f)"; 
(7) by striking out "this paragraph" in the last sentence of 
subsection (0, as designated by paragraph (6), and inserting in 
lieu thereof "this subsection"; and 
(8) by striking out "(2) The Director shall" and inserting in 
lieu thereof "(g) The Director shall". 
(c) CONFORMING AMENDMENTS TO SECTION 2366.—(1) Subsection 
(aXD of section 2366 of such title is amended— 
(A) by inserting "and" at the end of subparagraph (A); 
(B) by striking out "; and" at the end of subparagraph (B) and 
inserting in lieu thereof a period; and 
(dO by striking out subparagraph (dO. 
(2) Subsection (b) of such section is amended— 
(A) by striking out paragraph (2); and 
(B) by redesignating paragraph (3) as paragraph (2). 
(3) Subsection (e) of such section is amended— 
(A) by striking out paragraphs (3) and (7); and 
(B) by redesignating paragraphs (4), (5), (6), and (8) as para-
graphs (3), (4), (5), and (6), respectively. 
(4XA) The heading of such section is amended to read as follows: 
*
*
§ 2366. Mqjor systems and munitions programs: survivability tot-
ing and lethality testing required before full-scale 
production". 
(B) The item relating to such section in the table of sections at the 
b^inning of chapter 139 of such title is amended to read as follows: 
"2366. M^jor systems and munitions programs: survivability testing and lethality 
r 
testiqg required before full-scale production". 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1487 
SEC 803. LOW-RATE INITIAL PRODUCTION 
(a) IN GENERAL.—Chapter 141 of title 10, United States Code, is 
amended by inserting after section 2399 (as added by section 802) the 
following new section: 
*
*
§ 2400. Low-rate initial production of new systems 
"(a) DETERMINATION OF QUANTHIES TO BE PROCURED FOR LOW-
RATE INITIAL PRODUCTION.—(1) In the course of the development of a 
major system, the determination of what quantity of articles of that 
system should be procured for low-rate initial production (including 
the quantity to be procured for preproduction verification articles) 
shall be made— 
"(A) when the milestone II decision with respect to that 
system is made; and 
"(6) by the official of the Department of Defense who makes 
that decision. 
"(2) In paragraph (1), the term 'milestone 11 decision' means the 
decision to approve the fvdl-scale engineering development of a 
major system by the official of the Department of Defense des-
ignated to have the authority to make that decision. 
"(3) Any increase from a quantity determined under paragraph (1) 
may only be made with the approval of the official making the 
determination. 
"(4) The Secretary of Defense shall include a statement of the 
quantity determined under paragraph (1) in the first SAR submitted 
with respect to the program concerned after that quantity is deter-
mined. For purposes of the preceding sentence, the term *SAR' 
means a Selected Acquisition Report submitted under section 2432 
of this title. 
"(b) LOW-RATE iNmAL PRODUCTION OF WEAPON SYSTEMS.—Except 
as provided in subsection (c), low-rate initial production with respect 
to a new system is production of the system in the minimum 
quantity necessary— 
"(1) to provide production-configured or representative arti-
cles for operational tests pursuant to section 2399 of this title; 
"(2) to establish an initial production base for the system; and 
"(3) to permit an orderly increase in the production rate for 
the system sufficient to lead to full-rate production upon the 
successful completion of operational testing. 
"(c) LOW-RATE INITLAL PRODUCTION OF NAVAL VESSEL AND SAT-
ELLITE PROGRAMS.—(1) With respect to naval vessel programs and 
military satellite programs, low-rate initial production is production 
of items at the minimum quantity and rate that (A) preserves the 
mobilization production base for that system, and (B) is feasible, as 
determined pursuant to r^^lations prescribed by the Secretary of 
Defense. 
"(2) For each naval vessel program and military satellite program. Reports. 
the Secretary of Defense shall submit to (Dongress a report 
providing— 
"(A) an explanation of the rate and quantity prescribed for 
^ 
low-rate initial production and the considerations in establish- 
^ 
ing that rate and quantity; 
"(B) a test and evaluation master plan for that program; and 
"(C) an acquisition strategy for that program that has been 
approved by the Secretary, to include the procurement objec-
103 STAT. 1488 
PUBLIC LAW 101-189—NOV. 29, 1989 
tives in terms of total quantity of articles to be procured and 
t 
annual production rates. . 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 2399 (as added by section 802) the following new item: 
"2400. Low-rate initial production of new systems.". 
SEC. 804. MODIFICATIONS WITH RESPECT TO REPORTS ON LIVE-FIRE 
TESTING PROGRAMS 
(a) TESTING REPORT TO BE SUBMITTED BEFORE PRODUCTION.— 
Subsection (aXD of section 2366 of title 10, United States Code (as 
amended by section 842), is amended by inserting "and the report 
required by subsection (d) with respect to that testing is submitted 
in accordance with that subsection' after "this section" in subpara-
graphs (A) and (B). 
(b) CJoNTENT OF TESTING REPORT.—Subsection (d) of such section is 
amended by adding at the end the following: "Each such report shall 
describe the results of the survivability or lethality testing and shall 
give the Secretary's overall assessment of the testing.". 
SEC. 805. PROCEDURES APPLICABLE TO MULTIYEAR PROCUREMENT 
CONTRACTS 
(a) ADDITIONAL REQUIREMENTS.—Section 2306(h) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraphs: 
"(9) A multiyear contract may not be entered into for any fiscal 
year under this subsection unless each of the following conditions is 
• 
satisfied: 
"(A) The Secretary of Defense certifies to CJongress that the 
^ 
I; 
current five-year defense program fully funds the support costs 
associated with the multiyear progfram. 
^ 
"(B) The proposed multiyear contract provides for production 
at not less than minimum economic rates given the existing 
tooling and facilities. 
"(C) The proposed multiyear contract— 
"(i) achieves a 10 percent savings as compared to the cost 
? 
of current negotiated contracts, adjusted for changes in 
quantity and for inflation; or 
"(ii) achieves a 10 percent savings as compared to annual 
contracts if no recent contract experience exists. 
"(10) The Secretary of Defense may instruct the Secretary of the 
military department concerned to incorporate into a proposed 
multiyear contract negotiated priced options for varying the quan-
tities of end items to be procured over the period of the contract. 
"(11) If for £uiy fiscal year a multiyear contract to be entered into 
under this subsection is authorized by law for a particular procure-
ment program and that authorization is subject to certain conditions 
* 
established by law (including a condition as to cost savings to be 
achieved under the multiyear contract in comparison to specified 
other contracts) and if it appears (after negotiations with contrac-
g 
tors) that such savings cannot be achieved, but that substantial 
savings could nevertheless be achieved through the use of a 
multiyear contract rather than specified other contracts, the Presi-
dent may submit to Congress a request for relief from the specified 
cost savings that must be achieved through multiyear contracting 
for that program. Any such request by the President shall include 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1489 
details about the request for a multiyear contract, including details 
about the n^otiated contract terms and conditions.". 
(b) CoNFOBMiNG REPEAL.—Scction 104 of Public Law 100-526 (102 ,„ ..^^ oonc 
Stat. 2624) is repealed. 
^^^SC 2306 
(c) TRANSITION.—Subparagraph (C) of paragraph (9) of section lo use 2306 
2306(h) of title 10, United States Code, as added by subsection (a), note. 
does not apply to programs that are imder a multiyear contract on 
the date of the enactment of this Act. 
SEC 806. REVISION OF LIMITATION ON TRANSFER OF CERTAIN TECH-
NICAL DATA PACKAGES TO FOREIGN COUNTRIES 
(a) Ck>UNTRi£S T
O WHICH TRANSFEBS MAY BE MADE.—Subsection 
(b) of section 4542 of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking out "a friendly foreign coun-
try" and inserting in lieu thereof "a member nation of the 
North Atlantic Treaty Organization or a country designated as 
a msgor non-NATO ally"; 
(2) in paragraph (2)^), by inserting ", except as provided in 
subsection (e/' before the semicolon at the end; and 
(3) in paragraph (3), by inserting "or (d)" after "subsection 
(0". 
(b) COOPERATIVE PROJECT AGREEMENTS.—Such section is further 
amended— 
(1) by redesignating subsections (d), (e), and (f) as subsections 
(f), (g)> and (h), respectively; and 
(2) by inserting after subsection (c) the following new subsec-
tions: 
"(d) COOPERATIVE PROJECT AGREEMENTS.—^An agreement under 
this subsection is a cooperative project agreement under section 27 
of the Arms Export Control Act (22 U.S.C. 2767) which includes 
provisions that— 
"(1) for development phases describe the technical data to be 
transferred and for the production phase prescribe the content 
of the technical data package or assistance to be transferred to 
the foreign country participating in the agreement; 
"(2) require that at least the United States production of the 
defense item to which the technical data package or assistance 
relates be carried out by the arsenal concerned; and 
"(3) require the Secretary of Defense to monitor compliance 
with the agreement. 
"(e) LICENSING FEES AND ROYALTIES.—^The limitation in subsection 
(bX2)(6) shall not apply if the technology (or production technique) 
transferred is subject to nonexclusive license and payment of any 
negotiated licensing fee or royalty that reflects the cost of develop-
ment, implementation, and prove-out of the technology or produc-
tion technique. Any negotiated license fee or royalty shall be placed 
in the operating fund of the arsenal concerned for the purpose of 
capital investment and technology development at that arsenal.". 
(c) CONFORMING AMENDMENT.—Subsection (f) of such section (as 
redesignated by subsection (bXl)) is amended by inserting "or a 
cooperative project" in paragraph (1) after "cooperative research 
and development program". 
103 STAT. 1490 
PUBLIC LAW 101-189—NOV. 29, 1989 
PART B—CHANGES TO ACQUISITION STATUTES 
SEC. 811. ACQUISITION REPORT STREAMLINING 
(a) UNIT COST REPORTS.—(1) Subsection (a) of section 2433 of title 
'*' 
10, United States Code, is amended— 
(A) in paragraph (2), by inserting "the service acquisition 
executive designated by" before "the Secretary concerned"; and 
(B) in paragraph (4)— 
i }
v 
(i) by inserting "the service acquisition executive des-
ignated by" before "the Secretary concerned"; 
., 
(ii) in clause (A), by striking out "unit cost report submit-
ted under subsection (eX2XBXii) with respect to" and insert-
ing in lieu thereof "Selected Acquisition Report submitted 
under subsection (eX2XB) that includes information on"; 
and 
(iii) in clause (B), by striking out "subsection (eX2XBXii) 
with respect to the program during that three-quarter 
period, the most recent unit cost report submitted under 
subsection (eXD with respect to the program" and inserting 
in lieu thereof "subsection (eX2XB) with respect to the 
progrram during that three-quarter period, the most recent 
Selected Acquisition Report Eiubmitted under subsection 
(eXD that includes information on the program". 
(2) Subsection (b) of section 2433 of such title is amended— 
(A) by striking out "GJ) The program manager" and all that 
follows through the colon preceding paragraph (1) and inserting 
in lieu thereof the following: 
"
O
t
>
) The program manager for a major defense acquisition pro-
gram (other than a program not required to be included in the 
Selected Acquisition Report for that quarter under section 2432(bX3) 
of this title) shall, on a quarterly basis, submit to the service 
acquisition executive designated by the Secretary concerned a writ-
ten report on the unit costs of the program. Each report shall be 
submitted not more than 7 days (excluding Saturdays, Sundays, and 
legal public holidays) after the end of that quarter. The program 
manager shall include in each such unit cost report the following 
information with respect to the program (as of the last day of the 
quarter for which the report is made):"; and 
(B) in paragraph (4), by striking out "Selected Acquisition 
Report" and inserting in lieu thereof "description established 
under section 2435 of this title". 
^ 
(3) Subsection (c) of section 2433 of such title is amended— 
(A) in paragraph (1)— 
(i) by striking out "fiscal-year" in the matter above clause 
(A); and 
(ii) in the matter following clause (C)— 
(I) by inserting "the service acquisition executive 
designated by" before "the Secretary concerned" the 
first place it appears; 
(II) by striking out "(other than the unit cost report 
under subsection (b) for the last quarter of the preced-
ing fiscal year)" and inserting in lieu thereof "(other 
than the last quarterly unit cost report under subsec-
tion (b) for the preceding fiscal year)"; and 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1491 
(in) by striking out "Secretary concerned" the second 
place it appears and inserting in lieu thereof "such 
service acquisition executive"; and 
(B) in paragraph (2)— 
(i) in the matter above clause (A)— 
(D by inserting "the service acquisition executive 
designated by" before "the Secretary concerned" the 
first place it appears; and 
(II) by striking out "(other than the unit cost report 
under subsection (b) for the last quarter of the preced-
ing fiscal year)" and inserting in lieu thereof '(other 
than the last quarterly unit cost report under subsec-
tion (b) for the preceding fiscal year)'; and 
(ii) by striking out "Secretary concerned" each place it 
appears in clauses (A), (B), and {Q and in the matter 
following clause (O and inserting in lieu thereof "such 
service acquisition executive". 
(4) Subsection (d) of section 2433 of such title is amended— 
(A) in paragraph (1)— 
(i) by inserting "the service acquisition executive des-
ignated by" before "the Secretary concerned" the first place 
it appears; and 
(ii) by striking out "Secretary shall determine" and 
inserting in lieu tiiereof "service acquisition executive shall 
determine"; 
(B) in paragraph (2)— 
(i) by inserting "the service acquisition executive des-
ignated by" before "the Secretary concerned" the first place 
it appears; and 
(ii) by striking out "Secretary concerned shall, in addition 
to the determination under paragraph (1), determine" and 
inserting in lieu thereof "service acquisition executive, in 
addition to the determination under paragraph (1), shall 
determine"; and 
(O by striking out paragraph (3) and inserting in lieu thereof 
the following: 
"(3) H, based upon the service acquisition executive's determina-
tion, the Secretary concerned determines (for the first time since the 
b^iiinii^ of the current fiscal year) that the current program 
"^ 
acquisition unit cost has increased by more than 15 percent, or by 
more than 25 percent, as determined under paragraph (1) or that the 
current procurement iinit cost has increased by more than 15 
percent, or by more than 25 i)ercent, as determined under para-
graph (2), the Secretary shall notify Congress in writing of such 
determination and of the increase with respect to such program 
within 30 days after the date on which the service acquisition 
executive reports his determination of such increase in such unit 
cost to the Secretary and shall include in such notification the date 
on which the determination was made.". 
(5) Subsection (e) of section 2433 of such title is amended— 
(A) by striking out "(eXD" and all that follows through the 
end of paragraph (2) and inserting in lieu thereof the following: 
"(eXlXA) Except as provided in subparagraph (B), whenever the 
Secretary concerned determines imder subsection (d) that the cur-
rent program acquisition cost of a major defense acquisition pro-
gram has increased by more than 15 i)ercent, a Selected Acquisition 
Report shall be submitted to Congress for the first fiscal-year quar-
103 STAT. 1492 
PUBLIC LAW 101-189—NOV. 29, 1989 
ter ending on or after the date of the determination and such report 
shall include the information described in section 2432(e) of this 
title. The report shall be submitted within 45 days after the end of 
that quarter. 
"(B) Whenever the Secretary makes a determination referred to 
in subparagraph (A) in the case of a mcgor defense acquisition 
program during the second quarter of a fiscal year and before the 
date on which the President transmits the budget for the following 
fiscal year to Congress pursuant to section 1105 of title 31, the 
Secretary is not required to file a Selected Acquisition Report under 
subparagraph (A) but shall include the information described in 
subsection (g) r^arding that pro-am in the comprehensive annual 
Selected Acquisition Report submitted in that quarter. 
"(2) If the percentcige increase in the current program acquisition 
cost of a msgor defense acquisition program (as determined by the 
Secretary under subsection (d)) exceeds 25 percent, the Secretary of 
Defense shall submit to Congress, before the end of the 30Hday period 
b^pinning on the day the Selected Acquisition Report containing the 
information described in subsection (g) is required to be submitted 
under section 2432(f) of this title— 
"(A) a written certification, stating that— 
; 
"(i) such acquisition program is essential to the national 
security; 
"(ii) there are no alternatives to such acquisition program 
which will provide equal or greater military capability at 
less cost; 
»• 
"(iii) the new estimates of the program acquisition unit 
cost or procurement unit cost are reasonable; and 
"(iv) the management structure for the acquisition pro-
gram is adequate to manage £md control program acquisi-
tion unit cost or procurement unit cost; and 
"(B) if a report under paragraph (1) has been previously 
submitted to Congress with respect to such program for the 
current fiscal year but was based upon a different unit cost 
^
v 
report from the program manager to the service acquisition 
executive designated by the Secretary concerned, a further 
report containing the information described in subsection (g), 
determined from the time of the previous report to the time of 
the current report."; and 
(B) in paragraph (3)— 
(i) by striking out "(3)" and inserting in lieu thereof the 
followmg: "(3) If a determination of a more than 15 percent 
increase is made by the Secretary under subsection (d) and 
a Selected Acquisition Report containing the information 
described in subsection (g) is not submitted to Congress 
under paragraph (1), or if a determination of a more than 
25 percent increase is made by the Secretary under subsec-
tion (d) and the certification of the Secretary of Defense i^ 
not submitted to (Ik)ngress imder paragraph (2), funds 
appropriated for military construction, for research, devel-
opment, test, and evaluation, and for procurement may not 
i. 
be obligated for a major contract under the program."; 
^^ 
(ii) by striking out "in subsection (dX3)(B)"; 
,, 
(iii) in clause (A)— 
^ 
(I) bv striking out "report of the Secretary con-
cerned and inserting in lieu thereof "Selected Acquisi-
, 
tion Report"; and 
.. ^ .-^ 
/ > ? 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1493 
(II) by striking out "(2XBXii)" and inserting in lieu 
thereof "(2)(B)"; and 
(iv) in clause OB)— 
(I) by striking out "report of the Secretary con-
cerned ' and inserting in lieu thereof "Selected Acquisi-
tion Report"; 
(II) by striking out "(2)(BXii)" and inserting in lieu 
thereof "(2)(B)"; and 
(III) by striking out "(2)(BXi)" and inserting in lieu 
thereof''(2XA)". 
(6) Subsection (gX2) of section 2433 of such title is amended by 
adding at the end the following new sentence: "The certification of 
the Secretary of Defense under subsection (e) is not required to be 
submitted for termination or cancellation of a program.". 
(b) ENHANCED PROGRAM STABiLrry.—Section 2435 of title 10, 
United States Code, is amended— 
(1) in subsection (aX2)(BXiv), by striking out "development" 
and inserting in lieu thereof "production"; and 
(2) in subsection (b)— 
(A) by striking out "senior procurement executive of such 
military department (designated pursuant to section 16(3) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
414(3))" in paragraph (1) and inserting in lieu thereof "serv-
ice acquisition executive designated by such Secretary"; 
and 
(B) by striking out "90 days—" in paragraph (2) and 
inserting in lieu thereof "180 days—". 
(c) SELECTED ACQUISITION REPORTS.—Section 2432(bX2XA) of title 
10, United States CJode, is amended by striking out "5 percent 
change in total program cost" and inserting in lieu thereof "15 
percent increase in program acquisition unit cost and current 
procurement unit cost . 
SEC. 812. THREE-YEAR PROGRAM FOR USE OF MASTER AGREEMENTS 
FOR PROCUREMENT OF ADVISORY AND ASSISTANCE SERV-
ICES 
Section 2304 of title 10, United States (Dode, is amended by adding 
~ 
at the end the following new subsection: 
"(jXD The Secretary of Defense may enter into agreements 
(known as 'master agreements') with responsible sources under 
which the Secretary may issue orders for the performance of specific 
advisory and assistance services. Any such agreement shall specify 
terms and conditions for the subsequent procurement of advisory 
and assistance services from the sources. The period covered by any 
such agreement may not exceed two years. Any such agreement 
may only be entered into using procedures that, in the case of the 
award of a contract, would be competitive procedures. Any such 
agreement shall be entered into with at least three of the sources 
that submit offers for the master agreement. 
"(2) Following the establishment of sources for advisory and assist-
ance services through the use of a master agreement described in 
paragraph (1), the Secretary of Defense (A) may request offers from 
all sources with master agreements for the services for which offers 
are being requested if the contracting officer determines that there 
is a reasonable expectation that offers will be obtained from at least 
two sources, and (B) may issue orders (known as 'task orders') 
pursuant to the request for offers to such sources for the perform-
103 STAT. 1494 
PUBLIC LAW 101-189—NOV. 29, 1989 
ance of specific advisory and assistance services, subject to the 
requirements of this subsection. Any such request for offers shall 
cont£iin a statement of work clearly specifjdng sdl tasks to be 
performed under the order. Upon evaluation of £in offer or offers 
resulting from a request, the task order shall be issued to the source 
submitting the offer that the Secretary of Defense determines to be 
the most advantageous to the United States, considering only cost or 
• 
price and other factors included in the request for offers. 
"(3XA) The requirements for the giving of notice of certain solici-
tations that are prescribed in section 18 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small 
Business Act (15 U.S.C. 637(e)) shall apply to solicitations for offers 
for a master £igreement under this subsection in the same manner 
and to the same extent as those requirements apply to solicitations 
for proposals for a contract for services for a price expected to 
exceed $25,000. 
. 
"(B) Such requirements for the giving of notice shall not apply to 
the issuance of orders under a master agreement entered into 
pursuant to the procedures established under this section, except 
that the Secretary of Defense shall furnish for publication by the 
Secretary of CJommerce a notice announcing the order. 
"(4) The total vedue of task orders issued under master agree-
ments by any contracting activity in a fiscal year may not exceed 
the amount equal to 30 percent of the vedue of all contracts for 
advisory and assistance services awarded by that contracting activ-
ity during fiscal year 1989. 
"(5) The authority provided by this subsection to enter into master 
agreements shall terminate at the end of the three-year period 
beginning on the date on which final regulations prescribed to carry 
out this subsection take effect.", 
SEC. 813. AVAILABILITY OF FX^^DS FOR OBLIGATION FOLLOWING THE 
RESOLUTION OF A PROTEST 
(a) IN GENERAL.—Subchapter IV of chapter 15 of title 31, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 1558. Availability of funds following resolution of a protest 
"(a) Notwithstanding section 1552 of this title or any other provi-
sion of law, funds available to an agency for obligation for a contract 
at the time a protest is filed in connection with a solicitation for, 
proposed award of, or award of such contract shall remain available 
for obligation for 90 working days after the date on which the final 
ruling is made on the protest. A ruling is considered final on the 
date on which the time allowed for filing an appeal or request for 
reconsideration has expired, or the date on which a decision is 
rendered on such an appeal or request, whichever is later. 
"(b) Subsection (a) applies with respect to any protest filed under 
subchapter V of chapter 35 of this title or under section 111(f) of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
759(0).". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"1558. Availability of funds following resolution of a protest.", 
„ , 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1495 
SEC 814. POST-EBIPLOYBIENT RESTRICnONS 
(a) CLABIFICATION.—(1) Section 27 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 423) is amended— 
(A) by inserting ", except as provided in subsection (c)" in 
subsections (aXD and (bXD before the semicolon; 
(BXi) by redesignating subsections (j) through (n) as subsec-
tions (1) through (p), respectively; and 
(ii) by redesignating subsections (c) through (i) as subsections 
(d) through (j), respectively^ and 
(C) by inserting after subsection 0)) the following new subsec-
tion (c>. 
"(c) RBCUSAL.—(1) A procurement official may engage in a discus-
sion with a competing contractor that is otherwise prohibited by 
subsection (bXD if, before engaging in such discussion— 
"(A) the procurement official proposes in writing to disqualify 
hiniself from the conduct of any procurement relating to the 
competing contractor (i) for any period during which future 
employment or business opportunities for such procurement 
official with such competing contractor have not been rejected 
by either the procurement official or the competing contractor, 
^ 
and (ii) if determined to be necessary by the head of such 
procuring official's procuring activity (or his designee) in accord-
ance with criteria prescribed in implementing r^ulations, for a 
reasonable period tiiereafter; and 
« 
"(B) the head of that procuring activity of such procurement 
official (or his designee), after consultation with the appropriate 
designated agency ethics official, approves in vioiting the 
recusal of the procurement official. 
"(2) A procurement official who, during the period beginning with 
the issuance of a procurement solicitation and ending with the 
award of a contract, has participated personally and substantially in 
the evaluation of bids or proposals, selection of sources, or conduct of 
n^otiations in connection with such solicitation and contract may 
not be approved for a recusal under paragraph (1) during such 
period with respect to such procurement. 
"(3) A procurement official who, during the period beginning with 
the negotiation of a modification or extension of a contract and 
ending with— 
"(A) an agreement to modify or extend the contract, or 
"(B) a decision not to modify or extend the contract, 
has participated personally and substantially in the evaluation of a 
proposed modification or extension or the conduct of negotiations 
may not be approved for a recusal imder paragraph (1) during such 
period with respect to such procurement. 
"(4) A competing contractor may engage in a discussion with a 
procurement official that is otherwise prohibited by subsection (aXD 
if, before engaging in such discussion, the procurement official has 
, 
been recused in accordance with this subsection. 
"(5) R^ulations implementing this subsection shall include spe-
cific criteria to be used in making determinations and approving 
recusals under paragraph (1).". 
(2) Subsection (f) of such section (as red^gnated by paragraph 
(1)(B)) is amended— 
(A) by redesignating paragraphs (1) and (2) as subparagraphs 
(A) and (B), respectively; 
103 STAT. 1496 
PUBLIC LAW 101-189—NOV. 29, 1989 
(B) by striking out "RESTRICTIONS ON GOVERNMENTAL OFFI-
CIALS AND EMPLOYEES.—No" and all that follows through 
"shall—" and inserting in lieu thereof "RESTRICTIONS RESULT-
ING FROM PROCUREMENT AcnviriES OF PROCUREMENT OFFI-
CIALS.—(1) No individual who, while serving as an officer or 
employee of the Government or member of the Armed Forces, 
was a procurement official with respect to a particular procure-
ment may knowingly—"; and 
(C) by adding at the end the following new paragraph: 
"(2) This subsection does not apply to any participation referred to 
in paragraph (IXA) or (IXB) with respect to a subcontractor who is a 
competing contractor unless— 
"(A) the subcontractor is a first or second tier subcontractor 
and the subcontract is for an amount that is in excess of 
$100,000; 
"(B) the subcontractor significantly assisted the prime con-
^ tractor with respect to negotiation of the prime contract; 
"(C) the procurement official involved in the award, modifica-
tion, or extension of the prime contract personally directed or 
recommended the particular subcontractor to the prime con-
tractor as a source for the subcontract; or 
"(D) the procurement official personally reviewed and ap-
proved the award, modification, or extension of the sub-
contract.". 
(3) Such section is further amended bv inserting after subsection 
(j) (as redesignated by paragraph (1)(B)) the following new subsection 
(k): 
"(k) ETHICS ADVICE.—(1) Regulations implementing this section 
shall include procedures for a procurement official or former 
procurement official of a Federal agency to request advice from the 
appropriate designated agency ethics official regarding whether 
such procurement official or former procurement official is or would 
be precluded by this section from engaging in a specified activity. 
"(2) A procurement official or former procurement official of an 
agency who requests advice from a designated agency ethics official 
pursuant to paragraph (1) shall provide the agency ethics official 
with cdl information reasonably available to the procurement offi-
cial or former procurement official that is relevant to a determina-
tion r^arding such request. 
"(3) Not later than 30 days after the date on which the appro-
priate designated agency ethics official receives a request for advice 
pursuant to paragraph (1) accompanied by the information required 
by paragraph (2), or as soon thereafter as practicable, the officisd 
shall issue a written opinion regarding whether the requesting 
procurement official or former procurement official is precluded by 
this section from engaging in the specified activity.". 
(4) Subsection (o) of such section (as redesignated by paragraph 
(1)(B)) is amended to read as follows: 
"(o) IMPLEMENTING REGULATIONS AND GUIDELINES.—(1) Govern-
ment-wide regulations and guidelines appropriate to carry out this 
section shall be included in the Federal Acquisition Regulation. 
"(2) Regulations implementing this section shall— 
"(A) define the term 'thing of value' for the purposes of this 
section and shall include a single uniform Government-wide 
exclusion at a specific minimal dollar amount; and 
"(B) authorize the delegation of the functions assigned to 
designated agency ethics officials under this section. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1497 
"(3) Notwithstanding sections 6 and 25 of this Act, on and after 
June 1, 1990, the Director of the Office of Government Ethics shall 
have the responsibility for issuance, modification, or termination of 
Grovemment-wide regulations implementing par£igraphs (1) and (2) 
of subsection (a), paragraphs (1) and (2) of subsection (b), subsections 
(c), (f), and (k), and paragraph (2) of this subsection. The Director 
shall exercise such responsibility in coordination with the Federal 
Acquisition Regulatory Council.". 
(b) DEFINITIONS.—Subsection (p) of section 27 of such Act (as 
redesignated by subsection (aXlXB)) is amended— 
(1) in paragraph (1), by striking out "with the development, 
preparation, and issuance of a procurement solicitation," and 
> 
inserting in lieu thereof "on the earliest specific date, as deter-
mined under implementing regulations, on which an authorized 
official orders or requests an action described in clauses (iHviii) 
of paragraph (3XA),"; 
(2) in paragraph (3), by striking out subpareigraph (A) and 
inserting in lieu thereof the following: 
"(A) The term 'procurement official' means, with respect to 
any procurement (including the modification or extension of a 
contract), any civilian or military official or employee of an 
agency who has participated personally and substantially in 
any of the following, as defined in implementing regulations: 
"(i) The drafting of a specification developed for that 
procurement. 
"(ii) The review and approval of a specification developed 
for that procurement. 
"(iii) The preparation or issuance of a procurement solici-
tation in that procurement. 
"(iv) The evaluation of bids or proposals for that procure-
ment. 
"(v) The selection of sources for that procurement, 
"(vi) The conduct of negotiations in the procurement, 
"(vii) The review and approval of the award, modification, 
or extension of a contract in that procurement. 
"(viii) Such other specific procurement actions as may be 
specified in implementing regulations."; and 
(3) by adding at the end the following new parsigraph: 
"(8) The term 'designated agency ethics official' has the same 
meaning as the term 'designated agency ofticial' in section 209(10) of 
the Ethics in Government Act of 1978 (92 Stat. 1850; 5 U.S.C. 
App.).". 
(c) TECHNICAL AND (DONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subsection (e) (as redesignated by subsection (aXlXB))— 
(A) by striking out "(c), or (e)" in paragraph (IXAXi) and 
inserting in lieu thereof "(d), or (f)"; 
(B) by striking out "(c), or (e)" in paragraph (l)(BXii) and 
inserting in lieu thereof "(d), or (f)"; 
(C) by striking out "(c), or (e)" in parsigraph (2XA) and 
inserting in lieu thereof "(d), or (f)"; 
(D) by striking out "(c), or (e)" in paragraph (3XA) and 
inserting in lieu thereof "(d), or (f)"; and 
(E) by striking out "subsection (m)" in paragraph (7XBXii), 
and inserting in lieu thereof "subsection (o)"; 
103 STAT. 1498 
PUBLIC LAW 101-189—NOV. 29, 1989 
Effective date. 
Federal 
Register, 
publication. 
(2) in paragraph (1) of subsection (g) (as redesignated by 
subsection (aXlXB)), by striking out "subsection (m)" and insert-
ing in lieu thereof "subsection (o)"; 
(3) in subsection (h) (as redesignated by subsection (aXlXB))— 
(A) by striking out "subsection (d)" in paragraph (1) and 
inserting in lieu thereof "subsection (e)"; 
(B) by striking out "(b) or (c)" in paragraph (2) and 
inserting in lieu hereof "(b) or (d)"; and 
(O by striking out "(h) and (i)" in paragraph (3) and 
inserting in lieu thereof "(i) and (j)"; 
(4) in subsection (i) (as redesignated by subsection (aXl)(B)), by 
striking out "(c), or (e)" and inserting in lieu thereof "(d), or (f)'; 
(5) in paragraph (1) of subsection 0) (^^ redesignated by 
subsection (aXl)^))— 
(A) by striking out "subsection (n)" and inserting in lieu 
thereof "subsection (p)"; and 
(B) by striking out "subsection (m)" and inserting in lieu 
thereof "subsection (o)"; and 
(6) in subsection G) (as redesignated by subsection (aXl)(B))— 
(A) by striking out "sub^^tion (b)" in paragraph (1) and 
inserting in lieu thereof "subsections (b), (c), and (e)"; and 
(B) in paragraph (2)— 
(i) by striking out "subsection (b)" and inserting in 
lieu thereof "subsections (b), (c), and (e)"; and 
(ii) by striking out "(c), or (e)" and inserting in lieu 
thereof "(d), or (f)". 
(d) WAIVER OF (CERTAIN RESTRICTIONS ON FORMER (JOVERNMENT 
PERSONNEL.—(1) Subsection (£) of section 27 of the Office of Federal 
Procurement Policy Act, as redesignated and amended by subsection 
(a), is further amended by adding at the end the following: 
"(3XAXi) The President may grant a waiver of a restriction im-
posed by paragraph (1) (relating to post-CJovemment service employ-
ment) to an officer or employee described in subparagraph (B) if the 
President determines and certifies in writing that it is in the public 
interest to grant the waiver and that the services of the officer or 
employee are critically needed for the benefit of the Federal Govern-
ment. Not more than 25 officers and employees currently employed 
by the (rovemment at any one time may hold waivers under this 
subparagraph. 
"(ii) A waiver granted under this subparagraph to any person 
shall apply only with respect to activities engaged in by that person 
after that person's Government employment is terminated and only 
to that person's employment at a Government-owned, contractor 
operated entity with which the person served as an officer or 
employee immediately before the person's CJovemment employment 
b^an. 
"(B) Waivers under subparagraph (A) may be granted only to 
civilian officers and employees of the executive branch, other than 
officers and employees in the Executive Office of the President. 
"(C) A certification under subparagraph (A) shall take effect upon 
its publication in the Federal Register and shall identify— 
"(i) the officer or employee covered by the waiver by name 
and by position, and 
"(ii) the reasons for granting the waiver. 
A copy of the certification shall also be provided to the Director of 
the Office of Government Ethics. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1499 
Reports. 
Public 
information. 
"(D) The President may not delegate the authority provided by 
this paragraph. 
"(EXi) Each person granted a waiver under this paragraph shall 
prepare reports, in accordance with clause (ii), stating whether the 
person has engaged in activities otherwise prohibited by this section 
for each six-month period described in claiise (ii), and if so, what 
those activities were. 
"(ii) A report under clause (i) shall cover each six-month period 
b^inoing on the date of the termination of the person's Govern-
ment employment (with respect to which the waiver under this 
paragraph was granted) and ending two years after that date. Such 
report shall be filed with the President and the Director of the 
Office of Government Ethics not later than 60 days after the end of 
the six-month period covered by the report. All reports filed with the 
Director under this subparagraph shall be made available for public 
inspection and copying. 
(iii) K a person fails to file any report in accordance with clauses President of U.S. 
(i) and (ii), the President shall revoke the waiver and notify the 
person of the revocation. The revocation shall take effect upon the 
person's receipt of the notification and shall remain in effect imtil 
the report is fied. 
"(iv) Any person who is granted a waiver under this parsigraph 
shall be ineligible for appointment in the civil service unless all 
reports required of such ])erson by clauses (i) and (ii) have been filed. 
"(D) As used in this paragraph, the term 'civil service' has the 
meaning given that term in section 2101 of title 5, United States 
Code.". 
(2) Section 207 of title 18, United States Code, is amended by 
adding at the end the following: 
"(kXlXA) The President may grant a waiver of a restriction 
imposed by this section to any officer or employee described in 
paragraph (2) if the President determines and certifies in writing 
that it is in the public interest to grant the waiver and that the 
services of the officer or employee are critically needed for the 
benefit of the Federal Government. Not more than 25 officers and 
employees currently employed by the Federal Government at any 
one time may have been granted waivers under this paragraph. 
"(B) A waiver granted under this paragraph to any person shall 
apply only with respect to activities engaged in by that person after 
that person's Federal Government employment is terminated and 
only to that person's employment at a Grovemment-owned, contrac-
tor operated entity with which the person served as an officer or 
employee immediately before the person's Federal Government 
employment began. 
"(2) Waivers under paragraph (1) may be granted only to civilian 
officers and employees of the executive branch, other than officers 
and employees in the Elxecutive Office of the President. 
"(3) A certification under paragraph (1) shall take effect upon its 
publication in the Federal Roister and shall identify— 
"(A) the officer or employee covered by the waiver by name 
and by position, and 
"(B) the reasons for granting the waiver. 
A copy of the certification shall also be provided to the Director of 
the Office of Grovemment Ethics. 
"(4) The President may not delegate the authority provided by this 
subsection. 
Effective date. 
Federal 
Register, 
publication. 
103 STAT. 1500 
PUBLIC LAW 101-189—NOV. 29, 1989 
Reports. 
Public 
information. 
President of U.S. 
41 u s e 423 note. 
Research and 
development. 
"(5XA) Each person granted a waiver under this subsection shall 
prepare reports, in accordance with subparagraph (B), stating 
whether the person has engaged in activities otherwise prohibited 
by this section for each six-month period described in subparagraph 
(B), and if so, what those activities were. 
"(B) A report under subparagraph (A) shall cover each six-month 
period beginning on the date of the termination of the person's 
Federal Grovemment employment (with respect to which the waiver 
under this subsection was granted) and ending two years after that 
date. Such report shedl be filed with the President and the Director 
of the Office of Government Ethics not later than 60 da3rs after the 
end of the six-month period covered by the report. All reports filed 
with the Director under this paragraph shall be made available for 
public inspection and copjdng. 
"(C) If a person fails to file any report in accordance with subpara-
graphs (A) and (B), the President shall revoke the wsiiver and shall 
notify the person of the revocation. The revocation shall take effect 
upon the person's receipt of the notification and shall remedn in 
effect until the report is filed. 
"(D) Any person who is granted a waiver under this subsection 
shall be ineligible for appointment in the civil service unless all 
reports required of such person by subparagraphs (A) and (B) have 
been filed. 
"(E) As used in this subsection, the term 'civil service' has the 
meaning given that term in section 2101 of title 5.". 
(e) IMPLEMENTING REGULATIONS.—Not later than 90 days after the 
date of the enactment of this section, regulations implementing the 
amendments made by this section to the provisions of section 27 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 423) shall be 
issued in accordance with sections 6 and 25 of such Act (41 U.S.C. 
405, 421), after coordination with the Director of the Office of 
Government Ethics. 
SEC. 815. DEFENSE MEMORANDA OF UNDERSTANDING AND RELATED 
AGREEMENTS 
(a) (CONSIDERATION OF MATTERS AFFECTING UNITED STATES INDUS-
TRY.—Section 2504 of title 10, United States Code, is amended to 
read as follows: 
"§ 2504. Defense memoranda of understanding and related agree-
ments 
"(a) Ck)NSIDERATIONS IN MAKING AND IMPLEMENTING M O U s AND 
RELATED AGREEMENTS.—In the negotiation, renegotiation, and im-
plementation of any existing or proposed memorandum of under-
standing, or any existing or proposed agreement related to a memo-
randum of understanding, between the Secretary of Defense, acting 
on behalf of the United States, and one or more foreign countries (or 
any instrumentality of a foreign country) relating ^to research, 
development, or production of defense equipment, the Secretary of 
Defense shaU.— 
"(1) consider the effects of such existing or proposed memo-
randum of understanding or related agreement on the defense 
industrial base of the United States; and 
"(2) regularly solicit and consider comments and rec-
ommendations from the Secretary of Commerce with respect to 
iM 
the commercial implications of such memorandum of under-
standing or related agreement and the potential effects of such 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1501 
memorandum of understanding or related agreement on the 
international competitive position of United States industry. 
"(b) INTER-AGENCY REVIEW OF EFFECTS ON UNITED STATES INDUS-
TRY.—Whenever the Secretary of Commerce has reason to believe 
that an existing or proposed memorandum of understanding or 
related agreement has, or threatens to have, a significant aaverse 
effect on the international competitive position of United States 
industry, the Secretary may request an inter-agency review of the 
memorandum of understanding or related agreement. If, as a result 
of the review, the Secretary determines that the commercial in-
terests of the United States are not being served or would not be 
served by adhering to the terms of such existing memorandum or 
related agreement or agreeing to such proposed memorandum or 
related sigreement, as the case may be, the Secretary shall rec-
ommend to the President the renegotiation of the existing memo-
randum or related agreement or anv modification to the proposed 
memorandum of understanding or related agreement that he consid-
ers necessary to ensure an appropriate balance of interests. 
"(c) LIMITATION ON ENTERING INTO M O U S AND RELATED AGREE-
MENTS.—A memorandum of understanding or related agreement 
referred to in subsection (a) may not be entered into or implemented 
if the President, taking into consideration the results of the inter-
agency review, determines that such memorandum of understand-
ing or related agreement has or is likely to have a significant 
adverse effect on United States industry that outweighs the 
benefits of entering into or implementing such memorandum or 
agreement.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 148 of such title is amended by striking out the item 
relating to section 2504 and inserting in lieu thereof the following: 
"2504. Defense memoranda of understanding and related agreements.". 
SEC. 816. OFFSETS IN RECIPROCAL DEFENSE PROCUREMENT AGREE-
MENTS 
Section 825(c) of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 2021) is amended— 
10 USC 2505 
(1) by transferring the text of paragraph (2) to the end of note, 
paragraph (1) and in that text striking out "the date of the 
enactment of this Act" and inserting in lieu thereof "September 
29, 1988"; and 
(2) by inserting the following after "(2)": "In the negotiation 
President of U.S. 
or renegotiation of any memorandum of understanding between 
the United States and one or more foreign countries relating to 
the reciprocal procurement of defense equipment and supplies 
or research and development, the President shall make every 
effort to achieve an agreement with the country or countries 
concerned that would limit the adverse effects that offset 
arrangements have on the defense industrial base of the United 
States.". 
SEC. 817. SIMPLIFIED APPROVAL OF CONTRACTS IMPLEMENTING CER-
TAIN INTERNATIONAL AGREEMENTS 
(a) EXCEPTION.—Paragraph (2) of section 2304(f) of title 10, United 
States (Dode, is amended— 
(1) by striking out "or" at the end of subparagraph (C); 
(2) by striking out the period at the end of subparagraph (D) 
and inserting in lieu thereof "; or"; and 
103 STAT. 1502 
PUBLIC LAW 101-189—NOV. 29, 1989 
(3) by adding at the end the following new subparagraph: 
C 
"(E) in the case of a procurement permitted by subsection 
(cX4), but only if the head of the contracting activity prepares a 
-^ 
document in connection with such procurement that describes 
the terms of an agreement or treaty, or the written directions, 
^ 
referred to in that subsection that have the effect of requiring 
^ 
the use of procedures other than competitive procedures and 
such document is approved by the competition advocate for the 
procuring activity. . 
(b) PuBuc INSPECTION.—Paragraph (4) of such section is amended 
by inserting after "any related information" the following: ", and 
any document prepared pursuant to paragraph (2XE),". 
SEC. 818. DELEGATION OF APPROVAL AUTHORITY FOR CERTAIN CON-
TRACT ACTIONS 
(a) APPROVAL AUTHORITY.—Section 2304(f) of title 10, United 
States Code, is amended in paragraph (IXB)— 
(1) by striking out 'or" after the semicolon in clause (ii); 
(2) by redesignating clause (iii) as clause (iv) and striking out 
, 
' 
"$10,000,000" in such clause and inserting in lieu thereof 
"$50,000,000"; and 
(3) by inserting after clause (ii) the following new clause (iii): 
'(iii) in the case of a contract for an amount exceeding 
$10,000,000 Ojut equal to or less than $50,000,000), by the 
*' 
senior procurement executive of the agency designated 
* 
pursuant to section 16(3) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 414(3)) or the senior procure-
ment executive's delegate designated pursuant to para-
graph (6)(B), or in the case of the Under Secretary of 
Defense for Acquisition, acting in his capacity as the senior 
procurement executive for the Department of Defense, the 
Under Secretary's delegate designated pursuant to para-
graph (6XC); or". 
(b) DELEGATION,—Such section is amended in paragraph (6)— 
(1) by redesignating subparagraph (B) as subparagraph (C); 
; "
• 
and 
(2) by inserting after subparagraph (A) the following new 
subparagraph (B): 
"(B) "The authority of the senior procurement executive under 
paragraph (l)(BXiii) may be delegated only to an officer or employee 
r n . --^^--n^ within the senior procurement executive's organization who— 
_ 
"(i) if a member of the armed forces, is a general or flag 
officer; or 
< 
"(ii) if a civilian, is serving in a position in grade GS-16 or 
above (or in a comparable or higher position under any other 
schedule for civilian officers or employees).", 
(c) ODNFORMING AMENDMENTS.—(1) Clause (iv) of section 
i-'i 2304(fKlXB) of such title (as designated) is amended by striking 
out "paragraph (6XB)" and inserting in lieu thereof "paragraph 
(6XC)^ 
(2) Subparagraph (C) of section iJ304(tX6) of such title (as redesig-
nated) is amended by striking out "paragraph (l)(BXiii)" and insert-
ing in lieu thereof "paragraph (IXBXiv)". 
SEC. 819. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREE-
MENT PROGRAM 
(a) FUNDING.—Of the amounts authorized to be appropriated 
pursuant to section 301 for Defense Agencies for flscal years 1990 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1503 
and 1991 for operation and maintenance, $9,000,000 shall be avail-
able for each of such fiscal years only for the purpose of carrying out 
cooperative agreements under chapter 142 of title 10, United States 
CJode. 
Qo) SET-ASIDE.—Of the amounts provided for in subsection (a), 
$600,000 shall be available for each of the fiscal years 1990 and 1991 
for the purpose of carrying out programs sponsored by eligible 
entities named in subparagraph (D) of section 2411(1) of title 10, 
United States Code, that provide procurement technical assistance 
in distressed areas (as defined in subparagraph (B) of section 2411(2) 
of such title). If there is an insufficient number of satisfactory 
proposals for cooperative agreements in such distressed areas to 
allow for effective use of the funds authorized under this subsection 
in such areas, the funds shall be allocated among the Defense 
Contract Administration Services regions in accordance with section 
2415 of such title. 
(c) ASSISTANCE FURNISHED TO CERTAIN INDIAN ORGANIZATIONS.— 
(1) Subsection (a) of section 2414 of title 10, United States Code, is 
amended by striking out paragraphs (1) and (2) and inserting in lieu 
thereof the following: 
"(1) in the case of a program operating on a Statewide basis, 
other than a program referred to in clause (3) or (4), $300,000; 
"(2) in the case of a program operating on less than a State-
wide basis, other than a program referred to in clause (3) or (4), 
$150,000; 
"(3) in the case of a program operated wholly within one 
service area of the Bureau of Indian Affairs by an eligible entity 
referred to in section 2411(IXD) of this title, $150,000; or 
"(4) in the case of a progrsim operated wholly within more 
than one service area of the Bureau of Indian Affairs by an 
eligible entity referred to in section 2411(1XD) of this title, 
$300,000.". 
(2) Subsection (b) of such section is amended by inserting "or is 
operated wholly within one or more service areas of the Bureau of 
Indian Affairs by an eligible entity referred to in section 
2411(aXlXD) of this title" after "or on less than a Statewide basis". 
PART C—OTHER ACQUISITION POLICY MATTERS 
SEC. 821. REQUIREMENT FOR CERTIFICATE OF INDEPENDENT PRICE 
DETERMINATION IN CERTAIN DEPARTMENT OF DEFENSE 
CONTRACT SOLICITATIONS 
The Secretary of Defense shall propose a revision to the Federal 
Regulations. 
Acquisition Regulation to provide that the exception contained in 
Territories, U.S. 
part 3.103-1 of the Federal Acquisition Regulation for work per-
formed by foreign suppliers outside the United States, its posses-
sions, and Puerto Rico be repealed. 
SEC. 822. UNIFORM 
RULES 
ON 
DISSEMINATION 
OF 
ACQUISITION 
INFORMATION 
Not later than 120 days after the date of the enactment of this 
Regulations. 
Act, the Secretary of Defense shall prescribe in the Department of 
Defense Supplement to the Federal Acquisition Regulation a single, 
uniform regulation for the Department of Defense regarding 
dissemination of, and access to, acquisition information. 
103 STAT. 1504 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 823. LIMITATION ON AUTHORITY TO WAIVE BUY AMERICAN ACT 
REQUIREMENT 
41 use iOb-2. 
(a) DETERMINATION BY SECRETARY OF DEFENSE.—(1) If the Sec-
retary of Defense, after consultation with the United States Trade 
Representative, determines that a foreign country which is party to 
an agreement described in paragraph (2) has violated the terms of 
that agreement by discriminating against certain t3rpes of products 
produced in the United States that are covered by the agreement, 
the Secretary of Defense shall rescind the Secretary's blanket 
waiver of the Buy American Act with respect to such tjrpes of 
products produced in that foreign country. 
(2) An agreement referred to in paragraph (1) is any agreement, 
including any reciprocal defense procurement memorandum of 
understanding, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospectively 
waived the Buy American Act for certain products produced in that 
country. 
(b) REPORT TO CONGRESS.—-The Secretary of Defense shall submit 
to Congress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal years 1990 and 1991. Such 
report shall separately indicate the dollar value of items for which 
the Buy American Act was waived pursuant to any agreement 
described in subsection (aX2), the Trade Agreements Act of 1979 (19 
U.S.C. 2501 et seq.), or any international agreement to which the 
United States is a party. 
(c) BUY AMERICAN ACT DEFINED.—For purposes of this section, the 
term "Buy American Act" means title III of the Act entitled "An 
Act making appropriations for the Treasury and Post Office Depart-
ments for the fiscal year ending June 30, 1934, and for other 
purposes", approved March 3,1933 (41 U.S.C. 10a et seq.). 
10 u s e 2325 
SEC. 824. ACQUISITION OF COMMERCIAL AND NONDEVELOPMENTAL 
note. 
ITEMS 
(a) IN GENERAL.—The Secretary of Defense shall— 
(1) prescribe regulations as provided in subsection (b); and 
(2) conduct an analysis as provided in subsection (c). 
(b) REGULATIONS.—-(1) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall publish for 
public comment new regulations to carry out the requirements in 
this subsection and rescind any regulations that are inconsistent 
with the requirements of this subsection. The Secretary shall 
promulgate final regulations to carry out such requirements not 
later than 270 days after the date of the enactment of this Act. 
(2) Tlie Secretary of Defense shall develop a simplified uniform 
contract for the acquisition of commercial items by the Department 
of Defense and shall require that such simplified uniform contract 
be used for the acquisition of commercial items to the maximum 
extent practicable. The uniform contract shall include only— 
(A) those contract clauses that are required to implement 
provisions of law applicable to such an acquisition; and 
(B) those contract clauses that are appropriate, as determined 
• 
by the Secretary of Defense, for a contract for such an 
acquisition. 
In addition to the clauses described in subparagraphs (A) and (B), a 
contract for the acquisition of commercial items may include only 
such clauses as are essential for the protection of the Federsd 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1505 
Government's interest in the particular contract, as determined in 
writing by the contracting officer for such contract. 
(3) The Secretary of Defense shall require that a prime contractor 
under a Department of Defense contract for the acquisition of 
commercial items be required to include in subcontracts under such 
contract only— 
(A) those contract clauses that are required to implement 
provisions of law applicable to such subcontracts; and 
(B) those contract clauses that are appropriate, as determined 
by the Secretary of Defense, for such a subcontract. 
In addition to the clauses described in subparagraphs (A) and (B), a 
contractor under a Department of Defense contract for the acquisi-
tion of commercial items may be required to include in a sub-
contract under such contract only such clauses as are essential for 
the protection of the Federal Government's interest in the particu-
lar subcontract, as determined in writing by the contracting officer 
for such contract. 
(4) The Secretary of Defense shall require the use, in appropriate 
circumstances, of a modified inspection clause with streamlined 
inspection procedures in each Department of Defense contract for 
the acquisition of commercial items awarded to a contractor that (A) 
has a proven record of high quality production, and (B) offers an 
appropriate warranty to protect the Federal Government's interest 
in acquiring a high quality product. 
(5) The Secretary of Defense shall require the use, in appropriate 
circumstances, of standard commercial warranties in each Depart-
ment of Defense contract for the acquisition of commercial items. 
(6) The Secretary of Defense shall revise the regulations governing 
the applicability of the exemption contained in section 2306a(bXlXB) 
of title 10, United States Code, consistent with the public interest. In 
revising such regulations, the Secretary (A) shall address the stand-
ards for applying such exemption to contracts and subcontracts for 
items which are modifications to commercial items, components of 
commercial items, spare parts for commercial items, new commer-
cial items, or commercial items which are no longer sold to the 
public, and (B) shall ensure that cost or pricing data are not required 
in connection with contracts and subcontracts qualifying for an 
exemption under the regulations as revised under this paragraph. 
(c) ANALYSIS.—(1) The Secretary of Defense shall conduct an 
analysis of impediments to the acquisition of nondevelopmental 
items by the Department of Defense. In conducting the analysis, the 
Secretary shall consider, at a minimum, the following: 
(A) Whether to expand the regulations governing the acquisi-
tion and distribution of commercial products to address the 
procurement of nondevelopmental items. 
(B) Whether revisions to the regulations governing specifica-
tions, standards, and other purchase descriptions are necessary 
to implement the statutory requirement that product specifica-
tions be stated in terms of functions to be performed, perform-
ance required, or essential physical characteristics, and to mini-
mize the use of specifications unique to the Department of 
Defense. 
(C) Whether to establish a presumption that the Department 
of Defense should not request technical data on commercial 
items. 
(D) Whether the Secretary of Defense should make greater 
use of the authority granted the Secretary in law to exempt 
103 STAT. 1506 
PUBLIC LAW 101-189—NOV. 29, 1989 
defense contracts for commercial items from the application of 
various requirements. 
(2) Not later than 270 days after the date of the enactment of this 
Act, the Secretary shall develop and submit to the Committees on 
Armed Services of the Senate and House of Representatives a plan 
of action for addressing any impediments identified in the analysis 
required by paragraph (1). The plan shall include a specific schedule 
for the following: 
(A) Rescission of any regulations that are identified as impedi-
ments to the acquisition of nondevelopmental items. 
(B) Publication for public comment of new regulations to 
carry out the plan. 
(C) Submission to Congress of proposals for such legislative 
changes as may be needed to carry out the plan. 
(d) TRAINING.I-(1) The Secretary of Defense shall establish a 
program for training contracting officers, program managers, and 
other appropriate acquisition personnel in the acquisition of 
nondevelopmental items. 
^ 
(2) The training program shedl provide, at a minimum, for the 
following: 
(A) Training in the requirements of the regulations promul-
gated pursuant to this section, the requirements of section 2325 
of title 10, United States Code, and regulations prescribed 
pursuant to that section. 
(B) Training of contracting officers in the fundamental prin-
ciples of price analysis and other alternative means of determin-
ing price reasonableness. 
(C) Training of appropriate acquisition personnel in market 
research techniques and in the drafting of functional and 
performance specifications. 
(e) DEMONSTRATION PROGRAM FOR ITEMS ISSUED TO MEMBERS.—(1) 
The Secretary of Defense shall carry out a demonstration program 
in accordance with this subsection with respect to the procurement 
of individual items of clothing issued to members of the Armed 
Forces. Under the demonstration program, the Secretary shall— 
(A) identify those items of clothing that are the same as, or 
similar to, clothing items produced by commercial sources for 
sale to consumers other than the Armed Forces; and 
(B) designate for acquisition in accordance with this subsec-
^ 
tion certain of such items Giereinafter in this subsection re-
ferred to as "demonstration items") as the Secretary considers 
appropriate for acquisition under the demonstration program. 
(2) With respect to a portion (determined by the Secretary) of the 
contracts for demonstration items entered into by the Department 
of Defense, the Secretary shall— 
(A) include in the solicitations for such items a specification 
reflecting design and functional requirements that are com-
parable to those used in the award of commercial contracts; 
(B) require each offeror to submit a sample article of the item; 
(C) provide in the evaluation criteria included in the isolicita-
tion that award of the contract will be made to the proposal 
which is most advantageous to the United States, considering 
only cost or price and other factors included in the solicitation; 
(D) evaluate competitive proposals, either with or without 
discussions, and the sample article received in response to a 
solicitation for such items and award a contract in accordance 
with the evaluation criteria included in the solicitation; and 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1507 
/ 
(E) require each contractor awarded a contract for such items 
to produce items identical in all major characteristics (including 
quality) to the sample article submitted with the contractor's 
bid or proposal. 
(3) The demonstration program required under this subsection 
shall apply with respect to solicitations for demonstration items 
covered by the program issued after the end of the 180-day period 
beginning on the date of the enactment of this Act and before 
October 1,1993. 
SEC. 825. STUDY AND REPORT ON DEFENSE EXPORT FINANCING 
President of U.S. 
(a) STUDY.—The President shall conduct a study of export financ-
ing of defense articles. In the course of the study, the President 
shall— 
(1) examine the effect of export financing on the ability of 
United States industry to compete in the international market 
for defense products; 
(2) determine the extent to which other countries support 
commercial 
financing 
for defense exports through 
official 
government credit programs; 
(3) determine the extent to which United States private cap-
ital is used to support defense exports and the obstacles that 
United States lending institutions face in providing additional 
support; and 
(4) determine the feasibility and desirability of using existing 
or new Government export guarantee programs to provide 
greater private capital support for United States defense ex-
ports. 
(b) REPORT.—Not later than 120 days after the date of enactment 
of this Act, the President shall submit to Congress a report on the 
findings of the study under subsection (a). 
PART D—PROVISIONS RELATING TO SMALL AND SMALL 
DISADVANTAGED BUSINESSES 
SEC. 831. PROVISIONS 
RELATING 
TO 
SMALL 
DISADVANTAGED 
BUSINESSES 
(a) EXTENSION OF CONTRACT GOAL.—Section 1207 of the National 
Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) 
is amended by striking out "and 1990" in subsections (a) and (h) and 
inserting in lieu thereof "1990,1991,1992, and 1993". 
(b) PRICE DIFFERENTIAL.—Subsection (e) of such section is amended 
by adding at the end of paragraph (3) the following sentence: "The 
^ 
Secretary shall adjust the percentage specified in the preceding 
sentence for any industry category if available information clearly 
^ 
indicates that nondisadvantaged small business concerns in such 
industry category are generally being denied a reasonable oppor-
tunity to compete for contracts because of the use of that percentage 
in the application of this paragraph.". 
(c) REPORT DEADLINE.—Subsection (g) of such section is amended— 
(1) by striking out "Between May 1 £ind May 30" in paragraph 
(1) and inserting in lieu thereof "Not later than July 15"; and 
(2) by striking out "Between October 1 and October 10" in 
paragraph (2) and inserting in lieu thereof "Not later than 
December 15". 
103 STAT. 1508 
PUBLIC LAW 101-189—NOV. 29, 1989 
10 use 2301 
SEC. 832. CREDIT FOR INDIAN CONTRACTING IN MEETING CERTAIN 
note. 
MINORITY SUBCONTRACTING GOALS 
(a) REGULATIONS.—Subject to subsections (b) and (c), in any case in 
which a subcontracting goal is specified in a t)epartment of Defense 
contract in the implementation of section 1207 of the National 
Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) 
and section 8(d) of the Small Business Act (15 U.S.C. 637(d)), credit 
toward meeting that subcontracting goal shall be given for— 
(1) work performed in connection with that Department of 
Defense contract, and work performed in connection with any 
-. subcontract awarded under that Department of Defense con-
tract, if such work is performed on any Indian lands and meets 
the requirements of paragraph (1) of subsection 0>); or 
^ 
(2) work performed in connection with that Department of 
* Defense contract, and work performed in connection with any 
subcontract awarded under that Department of Defense con-
tract, if the performance of such contract or subcontract is 
undertaken as a joint venture that meets the requirements of 
paragraph (2) of that subsection. 
0)) EuGiBLE WORK.—(1) Work performed on Indian lands meets 
the requirements of this paragraph if— 
(A) not less than 40 percent of the workers directly engsiged in 
the performance of the work are Indians; or 
(B) the contractor or subcontractor has an agreement with the 
' tribal government having jurisdiction over such Indian lands 
that provides goals for training and development of the Indian 
workforce and Indian management. 
(2) A joint venture undertaking to perform a contract or sub-
contract meets the requirements of this paragraph if— 
(A) an Indian tribe or tribally owned corporation owns at least 
50 percent of the joint venture; 
(B) the activities of the joint venture under the contract or 
subcontract provide employment opportunities for Indians 
either directly or through the purchase of products or services 
for the performance of such contract or subcontract; and 
(C) the Indian tribe or tribally owned corporation manages 
the performance of such contract or subcontract. 
(c) EXTENT OF CREDIT.—The amount of the credit given toward the 
attainment of any subcontracting go£d under sul»ection (a) shall 
be— 
(1) in the case of work performed as described in subsection 
(a)(1), the value of the work performed; and 
^. 
(2) in the case of a contract or subcontract undertaken to be 
• . r. performed by a joint venture as described in subsection (aX2), an 
^ amount equal to the amount of the contract or subcontract 
multiplied by the percentage of the tribe's or tribally owned 
corporation's ownership interest in the joint venture. 
(d) REGULATIONS.—The Secretary of Defense shall prescribe regu-
lations for the implementation of this section. 
(e) DEFINITIONS.—In this section: 
(1) The term "Indian lands" has the meaning given that term 
by section 4(4) of the Indian Gaming Regulatory Act (102 Stat. 
" 2468; 25 U.S.C. 2703(4)). 
(2) The term "Indian" has the meaning given that term by 
section 4(d) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(d)). 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1509 
(3) The term "Indian tribe" has the meaning given that term 
by section 4(e) of the Indism Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(e)). 
(4) The term "tribally owned corporation" means a corpora-
tion owned entirely by an Indian tribe. 
SEC. 833. TEST PROGRAM FOR USE OF BOND WAIVER AUTHORITY UNDER 
15 USC 636 note. 
SMALL BUSINESS ACT TO ASSIST CERTAIN SMALL DISADVAN-
TAGED BUSINESS CONCERNS 
The Secretary of Defense and the Small Business Administration 
shall establish a program for fiscal years 1990 and 1991 to test the 
use of the authority provided by section 7(jX13XD) of the Small 
Business Act (15 U.S.C. 636(jX13XD)). Under the test program, the 
Secretary of Defense shall make every reasonable effort during each 
such fiscal year to award not less than 30 contracts for construction 
projects (including repair and alteration of existing facilities) to 
participants in the Minority Small Business and Capital Ownership 
Development Program of the Small Business Administration who 
have been granted surety bond exemptions under the authority 
provided by section 7(jX13)(D) of such Act. 
SEC. 834. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL 
15 USC 637 note. 
BUSINESS SUBCONTRACTING PLANS 
(a) TEST PROGRAM.—(1) The Secretary of Defense shall establish a 
test progrsim under which one contracting activity in each military 
department and Defense Agency is authorized to undertake one or 
more demonstration projects to determine whether the negotiation 
and administration of comprehensive small business subcontracting 
plans will result in an increase in opportunities provided for small 
business concerns under Department of Defense contracts. 
(2) In developing the test program, the Secretary of Defense 
shall— 
(A) consult with the Administrator of the Small Business 
Administration; and 
(B) provide an opportunity for public comment on the test 
program. 
(b) COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLAN.—(1) 
In a demonstration project under the test program, the Secretary of 
a military department or head of a Defense Agency shall negotiate, 
monitor, and enforce compliance with a comprehensive subcontract-
ing plan with a Department of Defense contractor described in 
paragraph (3). 
(2) The comprehensive subcontracting plan— 
(A) shall provide for small business concerns to participate as 
subcontractors in the contracts awarded by the Secretary or 
agency head to the contractor (or any division or operating 
element of the contractor) to which the subcontracting plan 
applies; and 
(B) shall apply to the entire business organization of the 
contractor or to one or more of the contractor's divisions or 
operating elements, as specified in the subcontracting plan. 
(3) A Department of Defense contractor referred to in paragraph 
(1) is, with respect to a comprehensive subcontracting plan, a busi-
ness concern that, during the fiscal year ending on September 30, 
1989— 
(A) pursuant to at least five Department of Defense con-
tracts, furnished supplies or services (including professional 
103 STAT. 1510 
- PUBLIC LAW 101-189—NOV. 29, 1989 
services) to the Department of Defense, engaged in research 
and development for the Department, or performed 
construction for the Department; and 
(B) was paid $25,000,000 or more for such contract 
activities. 
(c) WAIVER OP CERTAIN SMALL BUSINESS ACT SUBCONTRACTING 
PLAN REQUIREMENTS.—A Department of Defense contractor is not 
required to negotiate or submit a subcontracting plan under para-
graph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) with respect to a Department of Defense contract if^ 
(1) the contractor has negotiated a comprehensive sub-
contracting plan under the test program that includes the 
matters specified in section 8(dX6) of the Small Business Act (15 
U.S.C. 637(dX6)); 
(2) such matters have been determined acceptable by the 
Secretary of the military department or head of a Defense 
Agency negotiating such comprehensive subcontracting plan; 
and 
(3) the comprehensive subcontracting plan applies to the 
contract. 
(d) FAILURE TO MAKE A GOOD FAITH EFFORT TO COMPLY WITH A 
COMPANY-WIDE SUBCONTRACTING PLAN.—A contractor that has 
negotiated a comprehensive subcontracting plan under the test 
program shall be subject to section 8(dX4XF) of the Small Business 
Act (15 U.S.C. 637(dX4XF)) regarding the assessment of liquidated 
damages for failure to make a good faith effort to comply with its 
company-wide plan and the goals specified in that plan. 
(e) TEST PROGRAM PERIOD.—The test program authorized by 
subsection (a) shall begin on October 1,1990, unless Congress adopts 
a resolution disapproving the test program. The test progreun shall 
terminate on September 30,1993. 
(f) REPORT.—(1) Not later than March 1, 1994, the Secretary of 
Defense shall submit a report on the results of the test program to 
the (Ik}mmittees on Armed Services and on Small Business of the 
Senate and the House of Representatives. 
(2) Before submitting such report to the committees referred to in 
paragraph (1), the Secretary shall transmit the proposed report to 
the Administrator of the Small Business Administration. The report 
submitted to the committees shall include any comments and rec-
ommendations relating to the report that are transmitted to the 
Secretary by the Administrator before the date specified in such 
paragraph. 
(g) DEFINITIONS.—As used in this section: 
(1) The term "small business concern" shall have the same 
meaning as is provided in section 8(dX3XC) of the Small Busi-
ness Act (15 U.S.C. 637(dX3XC)), and includes a small business 
concern owned and controlled by socially and economically 
disadvantaged individuals. 
(2) The term "small business concern owned and controlled by 
* 
socially and economically disadvantaged individuals" shall have 
the same meaning as is provided in section 8(dX3XC) of the 
Small Business Act (15 U.S.C. 637(dX3XC)). 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1511 
PART E—DEFENSE INDUSTRIAL AND TECHNOLOGY BASE 
SEC. 841. CRITICAL TECHNOLOGIES PLANNING 
(a) NATIONAL CRITICAL TECHNOLOGIES PANEL.—(1) The National 
Science and Technology Policy, Organization, and Priorities Act of 
1976 (42 U.S.C. 6601 et seq.) is amended by adding at the end the 
following new title: 
"TITLE VI—NATIONAL CRITICAL TECHNOLOGIES PANEL 
"ESTABLISHMENT 
"SEC. 601. The Director of the Office of Science and Technology 
42 use 6681. 
Policy shall establish within that office a National Critical Tech-
nologies Panel (hereinafter in this title referred to as the 'panel'). 
The panel shall prepare the biennial national critical technologies 
report required by section 603. 
"MEMBERSHIP 
"SEC. 60?.. (a) The panel shall consist of 13 members appointed 
42 use 6682. 
from among persons who are experts in science and engineering as 
follows: 
"(1) The Director of the Office of Science and Technology 
Policy shall appoint nine members, of whom— 
"(A) three shall be Federal Government officials; and 
"(B) six shall be appointed from persons in private indus-
try and higher education. 
"(2) The Secretary of Defense shall appoint one member, who 
shall be an official of the Department of Defense. 
"(3) The Secretary of Energy shall appoint one member, who 
shall be an official of the Department of Energy. 
"(4) The Secretary of Commerce shall appoint one member, 
who shall be an official of the Department of Commerce. 
"(5) The Administrator of the National Aeronautics and 
Space Administration shall appoint one member, who shall be 
an official of that agency. 
"(bXD Members appointed under subsection (aXlXB) shall serve 
for a term of two years. 
(2) Any vacancy in the membership of the panel shall be filled in 
the same manner as the original appointment. 
"(c) The Director shall designate one of the members appointed 
under subsection (aXlXA) as chairman of the panel. 
"BIENNIAL NATIONAL CRITICAL TECHNOLOGIES REPORT 
"SEC. 603. (a) The panel shall submit to the President a biennial 
42 USC 6683. 
report on national critical technologies. Each such report shall 
identify those product technologies and process technologies that 
the panel considers to be national critical technologies. The number 
of the such technologies identified in any such report may not 
exceed 30. The reports shall be submitted not later than October 1 of 
even-numbered years. 
"(b) For purposes of subsection (a), a product or process technology 
may be considered to be a national critical technology if the panel 
determines it to be a technology that it is essential for the United 
States to develop to further the long-term national security and 
economic prosperity of the United States. 
103 STAT. 1512 
PUBLIC LAW 101-189—NOV. 29, 1989 
President of U.S. 
"(c) Each such report shall include, with respect to each tech-
nology identified in the report, the following information: 
"(1) The reasons for the panel's selection of that technology. 
"(2) The state of the development of that technology in the 
United States and in other countries. 
"(3) An estimate of the current and anticipated level of 
research and development effort in the United States, including 
anticipated milestones for specific accomplishments, by— 
"(A) the Federal Government; 
., 
"(B) State and local governments; 
"(C) private industry; and 
"(D) colleges and universities. 
"(d) Not later than 30 days after the date on which a report is 
submitted to the President under this section, the President shall 
transmit the report, together with any comments that the President 
considers appropriate, to (Dongress. 
ADMINISTRATION AND FUNDING OF PANEL 
42 use 6684. 
"SEC. 604. The Director of the Office of Science and Technology 
Policy shall provide administrative support for the panel. Funds for 
necessary expenses of the panel shall be provided for fiscal years 
after fiscal year 1990 from funds appropriated for that Office. 
42 u s e 6685. 
42 u s e 6684 note. 
Classified 
information. 
Public 
information. 
^1 - 
EXPIRATION 
"SEC. 605. The provisions of this title shall cease to be effective on 
December 31, 2000, and the panel shall terminate on that date.". 
(2) The Secretary of Defense shall reimburse the Director of the 
Office of Science and Technology Policy for the reasonable expenses, 
not to exceed $500,000, incurred by the National Critical Tech-
nologies Panel during fiscal year 1990. 
(b) ANNUAL DEFENSE CRITICAL TECHNOLOGIES PLAN.—(1) Chapter 
148 of title 10, United States Code, is amended by adding at the end 
the following new section: 
"§ 2508. Annual defense critical technologies plan 
"(a) ANNUAL PLAN.—(1) The Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives an annual plan for developing the technologies 
considered by the Secretary of Defense and the Secretary of Energy 
to be the technologies most critical to ensuring the long-term quali-
tative superiority of United States weapon systems. The number of 
such technologies identified in any plan may not exceed 20. Each 
such plan shall be developed in consultation with the Secretary of 
Energy. 
"(2) In selecting the technologies to be included in the plan for any 
year, the Secretary of Defense and the Secretary of Energy shall 
consider both product technologies eind process technologies, includ-
ing the technologies identified in the most recent biennial report 
submitted to the President by the National Critical Technologies 
Psinel under title VI of the National Science and Technology Policy, 
Organization, and Priorities Act of 1976. 
(3) Each such plan shall cover the 15 fiscal years following the 
year in which the plan is submitted. 
"(4) Such plan shall be submitted not later than March 15 of each 
year and shall be submitted in both classified and unclassified form. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1513 
"(b) PRIORITIES AND FUNDING.—Each plan submitted under 
subsection (a) shall— 
"(1) designate priorities for development of the technologies 
identified in the plan; and 
"(2) spediy the funding requirements of the Department of 
Defense, the Department of Energy, and other appropriate 
departments and agencies of the Federal Government for the 
development of the technologies identified in the plan for 
the five fiscal years following the year in which the plan is 
submitted. 
"(c) CONTENT OF PLAN.—Each plan submitted under subsection (a) 
shall include, with respect to each technology identified in the plan, 
the following: 
"(1) 'Die reasons for tiie selection of that technology, includ-
ing— 
"(A) a discussion of the consideration given to the most 
recent biennial report submitted to the President under 
title VI of the National Science and Technology Policy, 
Organization, and Priorities Act of 1976; and 
"(B) the relationship of the technolc^y to the overall 
science and technology program of the Department of De-
fense and the long-term fimding strategy associated with 
that program. 
"(2) A designation of the lead organization within the Depart-
ment of Defense or the Department of Energy r^ponsible for 
the development of the technology. 
"(3) A summary description of the lead organization's plan for 
the development of the technology, including the milestone 
goals. 
"(4) The amounts contained in the budgets of the Department 
of Defense, the Department of Energy, and other departments 
and agencies for the support of the development of such tech-
nology for— 
"(A) the five preceding fiscal years; and 
"(B) the fiscal year beginning in the year in which the 
plan is submitted; and 
"(O each fiscal year thereafter for which the Secretary of 
Defense, with respect to the Department of Defense, and 
the Secretary of Ebiergy, with respect to the Department of 
Energy, has prepared a budget. 
"(5) A comparison of the positions of the United States and 
the Soviet Union in the development of that technology. 
"(6) The potential contributions that the allies of the United 
States and other industrialized nations can make to meet the 
needs of the United States and its allies for that technol(^y. 
"(7) A comparison of the extent to which the United States 
_ 
has access to research conducted on such technology in allied 
nations and other industrialized nations with the extent to 
which such nations have access to research conducted in the 
United States on such technology and a discussion of the effects 
of any imbalance in such access on development of that tech-
nology. 
"(8) With respect to the development of such technology— 
"(A) a comparison of the relative positions of the United 
States and other industrialized countries that are promi-
nent in the development of such technology; 
103 STAT. 1514 
PUBLIC LAW 101-189—NOV. 29, 1989 
., 
... 
"(B) the trends in the relevant industrial bases of such 
countries; 
..s •••-. 
"(C) the competitiveness of the United States industrial 
beise supporting research in, and the development and use 
of, such technology; 
"(D) the extent to which the United States should depend 
on other countries for the development of such technology; 
and 
"(E) the extent to which action should be taken by the 
Federal Government to maintain and improve— 
"(i) research efforts in the United States; and 
"(ii) the industrial base supporting such efforts. 
"(9) The potential contributions that the private sector can be 
expected to make from its own resources in connection with the 
development of civilian applications for such technology.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2508. Annual defense critical technologies plan.". 
(c) AGREEMENTS FOR STUDIES.—(1) Section 2368 of title 10, United 
States Code, is amended to read as follows: 
/ 
"§ 2368. Critical technologies research 
"(a) AGREEMENTS.—The Secretary of Defense may enter into 
agreements with the National Academy of Sciences, the National 
Academy of Engineering, and the National Institute of Medicine for 
the conduct of studies in fields of research and development essen-
tial to the development of the technologies identified in the most 
recent biennial report submitted to the President by the National 
Critical Technologies Panel under section 603 of the National Sci-
ence and Technology Policy, Organization, and Priorities Act of 
1976. 
"(b) 
CONSULTATION WTTH DIRECTOR OF OSTP.—An agreement 
under subsection (a) may be entered into only after consultation 
with the Director oif the Office of Science and Technology Policy. 
"(c) FUNDING LIMITATION.—The Secretary may not obligate more 
than $500,000 for agreements under subsection (a) in any fiscal 
year.". 
(2) The item relating to that section 2368 in the table of sections at 
the beginning of chapter 139 of such title is amended to read as 
follows: 
"2368. Critical technologies research.". 
SEC. 842. DEFENSE INDUSTRIAL INFORMATION AND CRITICAL INDUS-
TRIES PLANNING 
(a) 
EXPANDED FUNCTIONS OF THE DEFENSE INDUSTRIAL BASE 
OFFICE.—Section 2503 of title 10, United States Code, is amended— 
(1) by striking out "at a minimum—" in the matter preceding 
paragraph (1) and inserting in lieu thereof "at a minimum, do 
the following:"; 
(2) by amending the first word of each of paragraphs (1) 
through (4) so that the initial letter of such word is uppercase; 
(3) by striking out the semicolon at the end of each of para-
graphs (1) and (2) and inserting in lieu thereof a period; 
(4) by striking out "; and" at the end of paragraph (3) and 
inserting in lieu thereof a period; and 
(5) by adding at the end the following new paragraph: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1515 
"(5) Establish and implement a consolidated analysis program 
(A) to assess and monitor worldwide capabilities in technologies 
critical to the national security of the United States, and (B) to 
monitor defense-related manufacturing capabilities of the 
United States.". 
(b) CRITICAL INDUSTRIES PLANNING.—Section 2503 of title 10. 
;
^ 
United States Code, as amended by subsection (a), is further amended 
by adding at the end the following new paragraph: 
"(6) Identify the industries most critical for national security 
applications of the technolc^es identified in the most recent 
annual defense critical technologies plan submitted under sec-
tion 2508 of this title.". 
(c) REPORT ON DEFENSE INDUSTRIAL BASE.—(1) The Secretary of 
Defense, acting through the Under Secretary of Defense for Acquisi-
tion, shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the actions taken 
under section 2503 of title 10, United States Code, for the improve-
ment of the defense industrial base of the United States. 
(2) The report shall include Under Secretary's analysis of the 
condition of the defense industrial base of the United States, 
particularly with respect to the financial ability of United States 
businesses— 
(A) to conduct research and development activities relating to 
critical defense technologies, including the critical technologies 
identified in the first annual defense critical technologies plan 
submitted pursuant to section 2508 of title 10, United States 
Code, as added by section 841flt)) of this Act; 
(B) to apply those technolt^es to the production of goods and 
the furnishing of services; and 
(O to engage in any other activities determined by the Sec-
retary of Defense to be critical to the national security. 
(3) In preparing the analysis required in paragraph (2), the Sec-
retary, acting through the Under Secretary of Defense for Acquisi-
tion, shall consider— 
(A) trends in the profitability, levels of capital investment, 
spending on research and development, and debt burden of 
businesses involved in research on, development of, and applica-
tion of critical defense technologies; 
(B) the consequences of mergers, acquisitions, and takeovers 
of such businesses; 
^ 
(O the results of current Department of Defense spending for 
critical defense technolc^es; and 
(D) the likely future level of Department of Defense spending 
for such technologies during the four fiscal years following 
fiscal year 1990 and the likely results of that level of spending. 
(4) The report under this subsection shall be submitted not later 
than March 15,1990. 
SEC. 843. SCIENTIFIC AND TECHNICAL EDUCATION 
(a) FINDINGS.—Congress makes the following findings: 
(1) The possession and maintenance of technologically supe- 
, v 
rior systems in the Department of Defense is a critical part of 
the national defense strategy of the United States. 
(2) Defense programs use a significant portion of the entire 
science and technology workforce of the United States. 
(3) The science and technology workforce of the United States 
has been declining in recent years and that decline threatens 
103 STAT. 1516 
PUBLIC LAW 101-189—NOV. 29, 1989 
the supply of qualified engineers and scientists for the Depart-
ment of Defense in the future. 
(b) SENSE OF CONGRESS.—In light of the findings in' subsection (a), 
it is the sense of Congress that the Secretary of Defense should take 
such actions as may be necessary and appropriate to promote and 
encourage, at precoll^e through post-doctoral levels, an increase in 
the number of citizens and nationals of the United States who 
pursue courses of study in science, engineering, and other technical 
disciplines. 
(c) REPOBT.—The Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and House of Representatives, 
by February 1, 1990, a report on current, expanded, and proposed 
new programs of the Department of Defense and, as appropriate, 
proposed interagency prc^ams to preserve and perpetuate an effec-
tive scientific and engineering workforce for the United States for 
the future. The Secretary, in coordination with the Director of the 
Office of Science and Technology Policy, shall include in the report 
an evaluation of the following concepts: 
(1) Summer internships at Department of Defense labora-
tories for precoll^e teachers of sciences, engineering, or other 
technical disciplines. 
(2) An award program for exceptional precoUege teachers in 
sciences, engineering, or other technical disciplines. 
(3) A scholarship program for undeigraduates in scientific or 
technical education who plan to teach those disciplines at the 
precoll^e level. 
(4) Expanding the Barry Groldwater Scholarship and Excel-
lence in Education Program or any other such program that the 
Secretary and the Director mutiially agree would promote in-
creases in scientific and engineering careers. 
(d) NATIONAL DEFENSE SCONCE AND EINGINEERING GRADUATE 
FiaxowsHiPS.—(1) Part HI of subtitle A of title 10, United States 
Code, is amended by adding at the end the following new chapter: 
"CHAPTER 111—NATIONAL DEFENSE SCIENCE AND 
ENGINEERING GRADUATE FELLOWSHIPS 
Regulations. 
Minorities. 
Women. 
Disabled 
persons. 
"Sec 
"2191. Graduate fellowships. 
*'§ 2191. Graduate fellowships 
"(a) The Secretary of Defense shall prescribe regulations provid-
ing for the award of fellowships to citizens and nationals of the 
United States who agree to pursue graduate degrees in science, 
engineering, or other fields of study designated by the Secretary to 
be of priority interest to the Department of Defense. 
"Ot)) A fellowship awarded pursuant to regulations prescribed 
under subsection (a) shall be known as a 'National Defense Science 
and Engineering Graduate Fellowship'. 
"(c) National Defense Science and Engineering Graduate Fellow-
ships shall be awarded solely on the basis of academic ability. The 
Sea:«tary shall take all appropriate actions to encourage applica-
tions for such fellowships of persons who are members of groups 
(including minority groups, women, and disabled persons) which 
historically have been underrepresented in science and technology 
fields. Recipients shall be selected on the basis of a nationwide 
competition. The award of a fellowship under this section may not 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1517 
be predicated on the geographic region in which the recipient lives 
or the geographic region in which the recipient will pursue an 
advEuiced degree. 
"(d) The regulations prescribed under this section shall include— 
"(1) the criteria for award of fellowships; 
"(2) the procedures for selecting recipients; 
"(3) the basis for determining the amount of a fellowship; and 
"(4) the maximum amount that may be awarded to an individ-
ual during an academic year.". 
(2) The tables of chapters at the beginning of subtitle A, and at the 
beginning of part III of subtitle A, of such title are each amended by 
inserting after the item relating to chapter 110 the following new 
item: 
"111. National Defense Science and Engineering Graduate Fellowships 
2191". 
(e) FUNDING.—Of the amounts authorized to be appropriated 
pursuant to section 201, $10,500,000 of the amount appropriated for 
fiscal year 1990 and $11,000,000 of the amount authorized to be 
appropriated for fiscal year 1991 shall be available for National 
Defense Science and Engineering Graduate Fellowships provided for 
under chapter 111 of title 10, United States Code (as added by 
subsection (c)). 
PART F—MISCELLANEOUS 
SEC. 851. AUTHORITY TO CONTRACT WITH UNIVERSITY PRESSES FOR 
19 USC 2242 
PRINTING, PUBLISHING, AND SALE OF HISTORY OF THE 
^°^-
OFFICE OF THE SECRETARY OF DEFENSE 
The Government Printing Office, on behalf of the Secretary of 
Defense, shall contract for services for the printing, publishing, and 
sale of volumes III and IV of the publication entitled "History of the 
Office of the Secretary of Defense" using procurement procedures 
that exclude sources other than university presses. 
SEC. 852. PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE AND 
EFFECTIVE 
PROTECTION OF 
INTELLECTUAL PROPERTY 
RIGHTS 
(a) SENSE OF CONGRESS.—It is the sense of Congress that it should 
be a very important consideration in the procurement of property, 
services, or technology by the Department of Defense whether such 
procurement is from any person of any coxintry which has been 
identified by the United States Trade Representative, on the advice 
of the (Dommissioner of Patents and Trademarks in the Department 
of C>)mmerce and the Register of Copyrights, pursuant to section 
182(aX2) of the Trade Act of 1974 (19 U.S.C. 2242) as denying 
adequate and effective protection of intellectual property rights or 
fair and equitable market access to United States persons that rely 
upon intellectual property protection. 
(b) REPORT.—(1) If the Secretary of Defense takes any action, upon 
the direction of the United States Trade Representative (in consulta-
tion with the Commissioner of Patents and Trademarks and the 
Register of Copyrights), with respect to the procurement of property, 
services, or technology by the Department of Defense on the basis of 
the consideration set forth in subsection (a), the Secretary shall 
submit promptly to the committees described in paragraph (2) a 
report describing the nature of such action and the reasons for such 
action. 
note. 
103 STAT. 1518 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) The committees to which the report required by paragraph (1) 
^ 
shall be submitted are the Committees on Armed Services, on 
Finance, and on the Judiciary of the Senate and the Committees on 
Armed Services, on Ways and Means, and on the Judiciary of the 
House of Representatives. 
SEC. 853. ACQUISITION LAWS TECHNICAL AMENDMENTS 
(a) REPEAL OF DUPLICATE PROVISION; RESTORATION OF INADVERT-
ENTLY STRICKEN PROVISION.—(1) Section 2324 of title 10, United 
States Code, is amended— 
(A) by striking out "(IXD" and all that follows through "In 
subsection (k):" and inserting in lieu thereof "(6) In this subsec-
tion:"; 
(B) by redesignating subsection (1) as subsection (m); and 
(C) by inserting after subsection (k) the text of subsection (k) 
of such section as in effect on the day before the date of the 
enactment of the Major Fraud Act of 1988 (Public Law 100-700; 
102 Stat, 4631 et seq.), with such text designated as sub-
section (1). 
10 use 2324 
(2) Section 833(c) of Public Law 100-456 (102 Stat. 2024) is amended 
note. 
by striking out "section 2324(k)" and inserting in lieu thereof "sec-
tion 2324(m)". 
Effective date. 
(3) The amendments made by this subsection shall take effect as of 
10 use 2324 
November 19,1988. 
0)) REFERENCES TO FAR.—(1) Section 2302 of title 10, United States 
Code, is amended by adding at the eno tne following new paragraph: 
"(6) The term 'Federal Acquisition Regulation* means the 
Federal Acquisition Regulation issued pursuant to section 
25(c)(1) of the Office of Federal Procurement Policy Act (41 
U.S.C. 421(c)(1)).". 
(2) Section 2320(a) of such title is amended by striking out para-
graph (4). 
(3) Clause (i) of section 2324(k)(5XB) of such title is amended by 
striking out "the single" and all that follows through the period and 
inserting in lieu thereof "the Federal Acquisition Regulation.". 
(c) PROCUREMENT MANAGEMENT PERSONNEL CLARIFICATIONS.—(1) 
Paragraph (2) of section 1621 of title 10, United States CJode, is 
amended to read as follows: 
"(2) The term 'procurement command' means any of the 
following: 
"(A) The Army Materiel (Dommand, the Army Informa-
tion Systems (Dommand, and the Army Strategic Defense 
Command. 
"(B) Any Navy weapons systems command, the Navy 
Strategic Systems Program Office, and the Marine Ck)rps 
Research, Development and Acquisition Command. 
"(C) The Air Force Systems (Jommand and the Air Force 
Logistics C!ommand. 
"(D) Any successor organization to any command or office 
named in subparagraphs (A) through (C).", 
(2) Section 1622(b)(2) of such title is amended— 
(A) by striking out "acquisition, support, and maintenance of 
weapon systems," and inserting in lieu thereof "acquisition of 
weapon systems or related items of supply,"; and 
(B) by inserting before the period the following: "or to a staff 
- of a service acquisition executive, program executive officer, or 
program manager of a military department". 
. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1519 
(3) Section 1623 of such title is amended— 
(A) in subsection (a), by inserting "or on the staff of a service 
acquisition executive, program executive officer, or program 
manager of a military department" before the period at the end 
of the first sentence; and 
(B) in subsection (b), by striking out "procurement command," 
and inserting in lieu thereof "procurement command or on the 
staff of a service acquisition executive, program executive offi-
cer, or program manager of a military department,". 
(4) The amendments made by this subsection shall take effect as of 
July 1,1989. 
(d) CORRECTION OF REFERENCE.—Section 2304(bX2) of title 10, 
United States Code, is amended— 
(1) by striking out "An executive agency" and inserting in 
lieu thereof "The head of an agency"; 
(2) by inserting "concerns" before "other than"; and 
(3) by inserting before the period the following: "and concerns 
other than small business concerns, historically Black colleges 
and universities, and minority institutions in furtherance of 
section 1207 of the National Defense Authorization Act for 
Fiscal Year 1987 (10 U.S.C. 2301 note)". 
(e) CROSS-REFERENCE CORRECTION.—Section 2411(1XD) of title 10, 
United States Code, is amended— 
(1) by striking out "section 4(c)" and inserting in lieu thereof 
"section 4Q)"; and 
(2) by striking out "450(c)" and inserting in lieu thereof 
"450ba)". 
(f) CORRECTION OF INCONSISTENCY.—Section 23050i)X4)(D) of title 10, 
United States (Dode, is amended by inserting "cost or" after "consid-
ering only". 
Effective date. 
10 use 1621 
note. 
TITLE IX—MATTERS RELATING TO NATO MEMBER 
NATIONS AND OTHER ALLIES 
PART A—CONVENTIONAL FORCE REDUCTIONS IN EUROPE 
SEC. 
9
0
1
. 
FRAMEWORK FOR DETERMINING CONVENTIONAL FORCE 
REQUIREMENTS 
I
N 
A 
CHANGING 
THREAT 
ENVIRONMENT 
(a) EVALUATION OF EFFECT OF WARSAW PACT REDUCTIONS AND OF 
POSSIBLE CFE AGREEMENT.—The Secretary of Defense shall submit 
to the congressional defense committees a report providing the 
Secretary's evaluation of the effect upon requirements of the United 
States for conventional forces and for military spending that could 
be anticipated under the following assumptions: 
(1) The full implementation of the unilateral force reductions 
in, and subsequent reorganization of, forces of the Soviet Union 
described by the President of the Soviet Union on December 7, 
1988, and the unilateral force reductions subsequently an-
nounced by the other members of the Warsaw Pact. 
(2) Entry into force of a conventional arms control agreement 
establishing rough parity in conventional forces in Europe be-
tween forces of the North Atlantic Treaty Organization and the 
Warsaw Pact at equal levels (at approximately 85 to 90 percent 
of NATO's current inventory) of tanks, artillery, armored troop 
carriers, combat helicopters, and land-based combat aircraft. 
Reports. 
Union of Soviet 
Socialist 
Republics. 
103 STAT. 1520 
PUBLIC LAW 101-189—NOV. 29, 1989 
(b) MATTERS TO BE INCLUDED IN EVALUATION.—In carrying out 
the 
evaluation required by subsection (a) of the unilateral force reduc-
tions referred to in paragraph (1) of that subsection and the poten-
tial effect of an agreement referred to in paragraph (2) of that 
subsection, the Secretary shall include in the evaluation (at a 
minimum) the following (stated for both the near-term and mid-
term): 
(1) An assessment of the threat to NATO imder the assump-
tions specified in each of paragraphs (1) and (2) of subsection (a). 
^ 
i 
(2) The effect on the defense strategy of the United States for 
meeting its NATO commitments in the changing threat 
environment, including the effect on the ability of NATO to 
defend against an attack by the Warsaw Pact (A) on short 
warning, or (B) during a crisis in Europe. 
(3) The effect on— 
(A) the mix of active and reserve forces of the United 
... States; 
(B) the ratio of (i) conventional forces of the United States 
deployed in the European theater, to (ii) conventional forces 
.
o
f 
the United States deployed in the continental United 
States; and 
(O air and sea lift requirements. 
(3) The effect on operational military concepts of the United 
States and NATO (such as Follow-on Forces Attack (FOFA), 
AirLand Battle, Maritime Strategy, and Rapid Reinforcement) 
that were initially developed to counter the large advantage of 
the Warsaw Pact in conventional land forces in the European 
theater. 
(4) The effect on equipment requirements of the United States 
, 
for meeting its commitments to NATO in the 1990s. 
(c) TIME FOR SUBMISSION.—The report required by subsection (a) 
shall be submitted concurrently with the submission to Congress of 
the President's budget for fiscal year 1991 pursuant to section 1105 
of title 31, United States Code. The report shall be submitted in both 
classified and unclassified form. 
SEC 902. IBIPLICATIONS OF MUTUAL REDUCTIONS IN CONVENTIONAL 
,, 
FORCES IN EUROPE BY NATO AND WARSAW PACT MEMBER 
* 
NATIONS 
(a) COMMENDATION OF PRESIDENT'S CONVENTIONAL ARMS REDUC-
TION INITIATIVE.—Congress commends and supports the President's 
conventional arms control initiative announced in Brussels on 
May 29, 1989, in which the President proposed, and the North 
Atlantic Treaty Organization (NATO) agreed, that NATO expand its 
negotiating position at the negotiations on reductions in conven-
tional forces in Europe (begun in Vienna on March 9, 1989, and 
'H known as the "CFE Talks") to include— 
(1) substantial reductions by each side to equal ceilings of 
helicopters and combat aircraft; and 
(2) a reduction to a common ceiling of United States military 
personnel stationed in Western Europe and Soviet military 
personnel stationed in Eastern Europe. 
(b) PRESIDENTIAL REPORT.—(1) Not later than six months after the 
date of the enactment of this Act, the President shall submit to 
C o n g r ^ an unclassified report, with classified annexes as nec-
essary, on the foreign policy and military implications to NATO and 
to the Warsaw Pact of significant reductions of conventional forces 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1521 
by NATO and Warsaw Pact countries to a ceiling which is the same 
for both sides. 
(2) The report shall address possible force reduction scenarios for a 
second round of CFE negotiations and shall be based upon two 
different assumptions with regard to the level of reductions in 
personnel and equipment to be made. Under the first assumption, 
personnel and equipment would be reduced to a level 25 percent 
below current NATO levels. Under the second assumption, person-
nel and equipment would be reduced to a level 50 percent below 
current NATO levels. 
(3) The report shall include the following: 
(A) A comprehensive net assessment of the current balance 
between NATO forces and Warsaw Pact forces and of the 
overall trends in that balance, including an assessment of the 
trends in active and reserve forces and in total equipment 
holdings in stationed and indigenous forces. 
(B) A description of the likely alternative force postures that 
could be adopted by member nations of both alliances (particu-
larly by the United States and the Soviet Union) under each of 
the assumptions analyzed, together with a description of the 
possible effects of restructuring of both NATO and Warsaw Pact 
forces in Europe for defensive purposes. 
(C) A statement of the costs (or savings) to the United States, 
over at least a seven-year period, estimated to be associated 
with each force posture described under subpar£igraph (B), to-
gether with an analjrsis of how those costs (or savings) were 
determined. 
(D) An analysis of the implications for NATO strategy, secu-
rity, and military policy under each of the reduction levels 
referred to in paragraph (2), including a net assessment of the 
resulting balance between NATO forces and Warsaw Pact 
forces. 
(E) An assessment of the effects under each of the reduction 
levels referred to in paragraph (2) (including the alternative 
force postures under each assumption) upon the stability of the 
conventional balance of forces in Europe. 
(F) An assessment of the ability of NATO to defend Europe 
imder each of the assumed reduction levels in the event of an 
attack by the Warsaw Pact (i) on short warning, or (ii) during a 
crisis in Europe. 
(G) An assessment of the effects under each of the reduction 
levels referred to in paragraph (2) on— 
(i) the short-range nuclear force requirements of NATO; 
(ii) the requirements of the United States for POMCUS 
and war-reserve stocks; 
(iii) the requirements of NATO for airlift and sealift 
based in the United States and for reinforcing units from 
the United States; and 
(iv) the ability of the United States to meet global mili-
tary requirements. 
SEC 903. REPORT ON VERIFICATION MEASURES FOR POSSIBLE CONVEN-
TIONAL ARMS CONTROL AGREEMENT 
(a) REPORT.—The President shall submit to Congress a report on 
President of U.S. 
the types of measures that would be required to verify the proposal 
for reductions in conventional forces in Europe adopted by the 
103 STAT, 1522 
PUBLIC LAW 101-189—NOV. 29, 1989 
member nations of the North Atlantic Treaty Organization (NATO) 
on May 30,1989. 
(b) MATTERS TO BE INCLUDED IN REPORT.—The President shall 
include in the report under subsection (a) the following: 
(1) A discussion of the types of information that it would be 
necessary for the parties to such an agreement to exchange for 
such verification. 
(2) A discussion of the range of options under consideration by 
the executive branch for defining what constitutes a militarily 
significant violation of a conventional arms control agreement. 
(3) A description of the national technical means, on-site 
inspections, and other cooperative measures that would be nec-
essary to detect violations of such an agreement, including— 
(A) an analysis of the measures that would be required to 
monitor (i) the withdrawal and demobilization of military 
personnel, and (ii) the withdrawal and (if required by the 
agreement) the destruction of military equipment provided 
for in any such agreement; and 
(B) the President's judgment on those on-site inspections 
and confidence building measures under consideration that 
are the most acceptable, and the least acceptable, to the 
NATO alliance and the Warsaw Pact, including an assess-
ment of the counterintelligence aspects of such measures 
for NATO. 
(4) A discussion of the procedures the NATO alliance would 
follow in the event of a violation of such an agreement by a 
member of the Warsaw Treaty Organization. 
(c) DATA BASE ANALYSIS.—(1) The report imder subsection (a) shall 
also include a comprehensive analysis of— 
(A) the uncertainties in the data bases to be used by United 
States intelligence with resi)ect to the military forces of NATO 
member nations and Warsaw Pact member nations located in 
the proposed areas of reduction; 
(B) the uncertainties in the estimates of the trends in such 
forces; and 
^ . 
(Q the differences in the data bases and counting rules used 
by liie United States, the allies of the United States, and the 
Warsaw Pact member nations. 
(2) The analysis under paragraph (1) shall address separately the 
uncertainties in the estimates of each of the following: 
(A) Active forces. 
(B) Reserve forces. 
(C) Equipment subject to reductions and ceilings. 
(D) Indigenous forces. 
-^ 
(E) Stationed forces. 
(d) SUBMISSION OF REPORT.—^The report required by subsection (a) 
shall be submitted not later than March 1, 1990. The report shall 
include such comments and recommendations as the President 
determines appropriate. The report shall be submitted in both 
classified and unclassified versions. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1523 
V 
P A R T B — B U R D E N SHARING 
SEC. 911. REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER 
OF MILITARY PERSONNEL IN EUROPE 
(a) REDUCTION REQUIRED.—Section 1002(cXl) of the Department of 
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), is amended by 
striking out "326,414" and inserting in Ueu thereof "311,855". 
GJ) EFFECTIVE DATE.—The amendment made by subsection (a) 
22 USC 1928 
shall take effect on September 30,1991. 
""^^^ 
SEC. 912. ACTIVE-DUTY FORCES IN EUROPE OF MEMBER NATIONS OF 
22 USC 1928 
NATO 
note. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Member nations of the North Atlantic Treaty Orgginiza-
tion (NATO), at the initiative of the President, have presented 
to the nations of the Warsaw Pact a comprehensive proposal 
concerning reductions in conventional forces in Europe for 
consideration in the negotiations on Conventional Armed 
Forces in Europe (CFE). 
(2) An agreement based on that proposal would significantly 
enhance security and stability in Europe and the cause of peace 
worldwide. 
(3) Irrespective of developments in the CFE negotiations, 
several member nations of NATO are considering making 
significant unilatergd reductions over the next several years in 
the number of their active-duty forces in Europe. 
(4) Such unilateral reductions in active-duty forces before an 
agreement on CFE enters into force would— 
(A) undercut efforts by NATO to improve its conventional 
defense posture in Europe, increase reliance by NATO on 
-jk^ 
the threat of the early use of nuclear weapons to deter 
aggression, and undermine the NATO arms control nego-
tiating posture in the CFE negotiations; and 
(B) exacerbate longstanding burdensharing 
tensions 
among member nations of NATO. 
(5) Despite shifts in relative economic power from the United 
States to some of the major allies of the United States, the costs 
of mutual defense continue to be borne disproportionately by 
the United States. 
(6) Adjustments in burdensharing are long overdue. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term "active-duty forces in Europe" means those 
active-duty military personnel assigned to permanent duty 
ashore in European member nations of NATO, except that such 
term does not include INF-related forces. 
(2) The term "INF-related forces" means those active-duty 
military personnel assigned to permanent duty ashore in Euro-
pean member nations of NATO who are to be demobilized or 
withdrawn from Europe as a result of the elimination of the 
intermediate-range nuclear weapons of the United States pursu-
ant to the Treaty between the United States of America and the 
Union of Soviet Socialist Republics on the Elimination of their 
Intermediate-range and Shorter-range Missiles, signed on 
December 8, 1987 (commonly referred to as the "INF Treaty"). 
(3) The term "U.S. end-strength level in Europe" means the 
actual number of active-duty forces in Europe of the Armed 
Forces of the United States at the end of a fiscal year. 
103 STAT. 1524 
PUBLIC LAW 101-189—NOV. 29, 1989 
(4) The term "allied forces end-strength level in Europe" 
means the actual number of active-duty forces in Europe of the 
armed forces of member nations of NATO (other than the 
United States) in Europe at the end of a fiscal year. 
(c) BASELINE REPORT ON ACTIVE-DUTY FORCES IN EUROPE.—(1) Not 
later than 60 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees, the Committee on Foreign Relations of the Senate, and 
the Committee on Foreign Affairs of the House of Representatives a 
report on the number of the active-duty forces in Europe of the 
" 
member nations of NATO. The report shall identify the following: 
(1) The U.S. end-strength level in Europe for fiscal year 1989. 
(2) The allied forces end-strength level in Europe for fiscal 
year 1989. 
(3) The actual number of active-duty forces in Europe of the 
armed forces of each member nation of NATO (other than the 
United States) at the end of fiscal year 1989. 
(4) The ratio (expressed in terms of a percentage) of— 
(A) the U.S. end-strength level in Europe; to 
(B) the allied forces end-strength level in Europe. 
(d) U.S.-ALUED FORCES RATIO.—(1) The ratio identified for fiscal 
year 1989 under subsection (cX4) is hereinafter in this section re-
ferred to £is the "baseline U.S.-allied forces ratio". 
(2) The ratio identified in an annual report under subsection (e) is 
hereinafter in this section referred to as the "U.S.-allied forces 
ratio". 
(e) ANNUAL REPORT ON MAINTAINING ACTIVE-DUTY FORCES IN 
EUROPE.—(1) During each of the fiscal years 1991, 1992, and 1993, 
the Secretary of Defense shall prepare a report identifying for the 
preceding fiscal year the following: 
(A) The U.S. end-strength level in Europe for the fiscal year 
covered by the report. 
(B) The allied forces end-strength level in Europe for such 
* 
fiscal 
year. 
(C) The ratio (expressed in terms of a percentage) of the U.S. 
* 
end-strength level in Europe to the allied forces end-strength 
level in Europe for the fiscal year covered by the report. 
(2) The Secretary shall include in each such report the following: 
(A) A statement of whether there has been any change in the 
U.S.-allied forces ratio for such fiscal year compared with— 
(i) the baseline U.S.-allied forces ratio; and 
X 
(ii) after fiscal year 1991, the U.S-allied forces ratio for 
the fiscal year immediately preceding the fiscal year cov-
ered by such report. 
(B) In the case of a change in the U.S.-allied forces ratio for 
% 
such fiscal year, a description of the amount of such change and 
any explanation of the cause for such change. 
(C) A discussion of any action taken by the United States 
during such fiscal year to encour^e member nations of NATO 
(other than the United States) to increase the number of their 
active-duty forces in Europe and the results of that action. 
(3XA) Except as provided in subparagraph (B), the report required 
by paragraph (1) shall be submitted to the congressional defense 
committees, the (Dommittee on Foreign Relations of the Senate, and 
the (Dommittee on Foreign Affairs of the House of Representatives 
not later than April 1 of each fiscal year referred to in such 
paragraph. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1525 
(B) The Secretary shall be considered to have compiled with 
subparagraph (A) in a fiscal year if the Secretary includes the 
information required by paragraphs (1) and (2) in the report submit-
ted in such year pursuant to section 1002(dX2) of the Department of 
Defense Authorization Act, 1985 (22 U.S.C. 1928 note). 
(f) LIMITATION ON OBLIGATION OF FUNDS.—(1) If the Secretary of 
Defense states in a report prepared under subsection (e) that the 
U.S.-allied forces ratio for the fiscal year covered by such report is 
greater than the baseline U.S.-allied forces ratio by more than one-
tenth of one percentage point— 
(A) the President shall undertake appropriate diplomatic ini-
tiatives to persuade the member nations of NATO (other than 
the United States) to increase the number of their active-duty 
forces in Ehu-ope so that the U.S.-allied forces ratio no longer 
exceeds the baseline U.S.-allied forces ratio; and 
(B) funds appropriated to or for the use of the Department of 
Defense may not be obligated or expended for the next fiscal 
year to support active-duty forces in Europe of the Armed 
Forces of the United States at an end-strength level that would 
cause the U.S-allied forces ratio in such fiscal year to exceed the 
baseline U.S.-allied forces ratio by more than one-tenth of one 
percentage point. 
(2) The President may waive the provisions of paragraph (1) if the 
President determines that such action is critical to the national 
security of the United States. The President shall immediately 
notify Congress of such a waiver and the reasons for such waiver. 
(3) Paragraph (1) shall not apply in the event of a declaration of 
war or an armed attack on any member nation of NATO or in the 
event that a comprehensive arms reduction agreement enters into 
force as a result of the n^otiations on C!onventional Armed Forces 
in Europe (CFE). 
(g) END-STBENGTH PERMANENT CEHJNG.—Nothing in this section 
shall be construed to permit the obligation or expenditure of funds 
to support an end-strength level of members of the Armed Forces of 
the United States assigned to permanent duty ashore in European 
member nations of NATO at any level in excess of the permanent 
ceiling specified in section 1002(cXl) of the Department of Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note). 
SEC 913. CONTRIBUTIONS BY JAPAN TO GLOBAL SECURITY 
(a) FINDINGS.—Congreas finds— 
(1) that extraordinary political, economic, and social changes 
have occurred in Japan since World War 11; and 
(2) that, as a result of such changes, Japan is capable of 
assuming increased responsibility for its own security. 
(b) SENSE OF CONGRESS.—It is the seme of Congress that, in view of 
the changes referred to in subsection (a), Japan should— 
(1) assume increased responsibility for its own security; 
(2) ofGset the direct costs incurred by the United States in 
deploying military forces for the defense of Japan, including 
oxsts (otlier than pay and allowances) related to the presence of 
Unit^ States military personnel in Japan; and 
(3) make a contribution to the common defense that is more 
commensurate with its economic status by taking the foUowing 
actions: 
(A) Increasing expenditures for its Official Development 
Assistance program and its defense programs so that, by 
President of U.S. 
President of U.S. 
103 STAT. 1526 
PUBLIC LAW 101-189—NOV. 29, 1989 
1992, the level of spending by Japan on those programs 
(stated as a percentage of gross national product) will 
approximate the average of the levels of spending by the 
member nations of the North Atlantic Treaty Organization 
(NATO) on official development assistance and defense pro-
grams (stated as a percentage of their respective gross 
national products). 
(B) Devoting any increase in its spending for such Official 
> 
Development Assistance program primarily to the Republic 
of the Philippines and to countries in regions of importance 
to global stability outside of East Asia, particularly to 
countries in Latin America, the Caribbean area, and the 
Mediterranean area. 
(C) Devoting any increase in spending for that program 
primarily to untied grants and increasing the portion of 
total expenditures made in that program for those multilat-
eral financial institutions of which Japan is a member. 
(D) Designating those nations that are to be recipients of 
increased development assistance referred to in subpara-
graphs (A) through (C) after consultation with Japan's secu-
rity partners. 
(E) (Dompleting, after consultation with the United States, 
the 5-year defense program of Japan for fiscal years 1986 
through 1990 and, at the earliest possible date after the 
completion of that program, fulfilling the pledge made by 
the Prime Minister of Japan in May 1981 to defend the 
* 
territory, airspace, and sea lanes of Japan to a distance of 
1,000 nautical miles. 
(F) Acquiring "off-the-shelf military equipment from the 
United States (including completely equipped, long-range 
early warning aircraft, additional AEGIS weapon systems, 
refueling aircraft, munitions, and spare parts) in developing 
the capabilities called for in Japsm's current and subse-
quent 5-year defense programs. 
President of U.S. 
(c) NEGOTIATIONS AND CONSULTATIONS.—At the earliest practicable 
date after the enactment of this Act, the President shall— 
T^J^^l^n^ 
(1) enter into negotiations with Japan for the purpose of 
achieving an agreement under which Japan agrees to make 
contributions sufficient in value to meet the direct cost of 
deploying United States forces for the defense of Japan; and 
(2) issue an invitation to the Government of Japan and other 
governments of Pacific allies of the United States to engage in 
annual multilateral consultations on security concerns, consist-
ent with the constitutions and national defense requirements of 
the respective countries, 
(d) REPORTS.—(1) In order that Congress may determine whether 
further action is appropriate, not later than April 1, 1990, the 
President shall submit to the congressional committees described in 
paragraph (3) an initial report on the status and results of— 
(A) the negotiations with Japan referred to in subsection 
(cXD; and 
(B) the invitation required under subsection (cX2), including 
any consultations resulting from such invitation. 
(2) Not later than one year after the date of the enactment of this 
Act, the President shall submit to such congressional committees a 
second report on the status and results of the matters referred to in 
paragraph (1). 
agreements. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1527 
(3) The congressional committees referred to in this subsection are 
the congressional defense committees, the Committee on Foreign 
Relations of the Senate, and the Committee on Foreign Affairs of 
the House of Representatives. 
SEC. 914. REPORT ON COSTS ASSOCIATED WITH OVERSEAS DEPENDENTS 
(a) REPORT REQUIRED.—The Secretary of Defense shall submit a 
report to the Committees on Armed Services of the Senate and 
House of Representatives on practicable options available to the 
Department of Defense to reduce costs associated with maintaining 
overseas— 
(1) dependents of members of the Armed Forces; and 
(2) dependents of civilian employees of the Department of 
Defense. 
(b) ELEMENTS OF REPORT.—In preparing the report required by 
subsection (a), the Secretary shall specifically address, at a mini-
mum, the following: 
(1) Whether expansion of incentives for unaccompanied tours 
of duty overseas would be effective in increasing the number of 
such tours and whether such an expansion of incentives would 
be cost effective. 
(2) Whether more frequent rotation of overseas personnel 
without dependents would result in overall savings as compared 
to current rotation practices. 
(3) Whether an increase in the use of local contractors at 
overseas stations to provide services currently being provided by 
Department of Defense personnel would result in overall sav-
ings to the United States. 
(4) The cost implications for United States families at over-
seas stations resulting from an increase in the use of local 
contractors. 
(5) Whether costs associated with the support of overseas 
dependents would change from a reduction in personnel under a 
conventional forces in Europe (CFE) agreement. 
(6) Whether the granting of fewer exceptions to the length of 
overseas duty tours would reduce permanent change of station 
costs. 
(7) The extent to which overseas facilities could be consoli-
dated and centralized to reduce administrative and overhead 
costs. 
(8) The extent to which reductions in family support services 
at overseas stations could be made without materially affecting 
the standard of living of the personnel eissigned to duty at such 
stations. 
(9) Whether reductions in overseas family support costs would 
likely result in increased costs in programs in the United States. 
(10) The extent to which dependents would be likely to accom-
pany members of the Armed Forces and civilian employees of 
the Department of Defense to overseas stations in the absence of 
each of the various types of special assistance and benefits 
currently provided to overseas dependents. 
(11) The effect that a reduction or termination of the various 
types of the special assistance and benefits for overseas depend-
ents would have on combat readiness, morale, and retention. 
(b) TIME FOR SUBMISSION.—The report required by subsection (a) 
shall be submitted not later than February 1,1990. 
103 STAT. 1528 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC 915. UNITED STATES-REPUBUC OF KOREA SECURITY RELATION-
SHIP AND OTHER SECURITY MATTERS IN EAST ASIA 
(a) FINDINGS.—Congress makes the following findings: 
(1) Since the end of the Korean conflict, the Republic of Korea 
has made tremendous prepress in rebiiilding its economic and 
military strength. 
(2) Despite this progress, an indigenous military balance has 
not yet been achieved on the Korean peninsula, and the Demo-
cratic People's Republic of Korea continues to pose a serious 
threat to the security of the Republic of Korea. 
(3) The alliance between the United States and the Republic 
of Korea has contributed greatly to the security of both 
countries. 
(4) The Republic of Korea has dedicated a large share of its 
national resources to its security, as shown by the fact that 
defense expenditures comprise approximately one-third of the 
national budget of the Republic of Korea. 
(5) The United States has contributed a large amount of 
national resources, including approximately 44,000 military 
personnel, to protecting the security interests that it shares 
with the Republic of Korea. 
(6) The presence of United States military personnel in the 
Republic of Korea contributes to the preservation of peace on 
the Korean peninsula, serves as a military deterrent, and is a 
tangible manifestation of the commitment of the United States 
to the defense of the Republic of Korea. 
(7) In accordance with its obligations imder the 1954 Mutual 
Defense Treaty with the Republic of Korea, the United States 
remains committed to the security and territorial integrity of 
the Republic of Korea. 
President of U.S. 
(b) SENSE OP CONGRESS ON THE UNTTED STATES-REPUBLIC OF KOREA 
Reports. 
SECURITY RELATIONSHIP.—(1) It is the sense of Congress that— 
(A) the United States should review the missions, force struc-
ture, and locations of its military forces in the Republic of 
Korea and East Asia; 
(B) the Republic of Korea should assume increased respon-
sibility for its own security; 
(O the Republic of Korea should offset more of the direct costs 
incurred by the United States in deploying military forces for 
the defense of the Republic of Korea; and 
(D) the United States and the Republic of Korea should 
consult on the feasibility and desirability of partial, gradual 
reductions of United States military forces in the Republic of 
Korea. 
(2) In order that Congress may determine whether further action 
is appropriate, not later than April 1, 1990, the President shall 
submit to the congressional committees described in subsection (d) 
an initial report on the status and results of any consultations held 
by the United States and the Republic of Korea on the matter 
referred to in paragraph (IXD). 
(3) Not later than one year after the date of the enactment of this 
Act, the President shall submit to such congressional committees a 
second report on the status and results of the consultations referred 
to in paragraph (IXD). 
(c) REPORT ON MILITARY PRESENCE IN EAST ASIA.—(1) Not later 
than April 1, 1990, the President shall submit to the congressional 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1529 
committees described in subsection (d) a report on the military 
presence of the United States in East Asia, including the Republic of 
Korea. The President shall include in such report a strategic plan 
relating to the continued United States military presence in East 
Asia. 
(2) The report required by this subsection shall specifically include 
the following: 
(A) An gussessment of the implications of recent developments 
in the Soviet Union and the People's Republic of China for 
United States and allied security planning in East Asia. 
(B) Identification of any changes in the missions, force struc-
ture, and locations of United States forces in East Asia that 
could strengthen the capabilities of such forces and lower the 
costs of maintaining such forces. 
(C) A discussion of ways in which increased defense respon-
sibilities and costs presently borne by the United States can be 
transferred to the allies of the United States in East Asia. 
(D) Identification of the additional actions that the Republic 
of Korea can take to contribute more to its own security. 
(E) A discussion of the feasibility of restructuring United 
States military forces stationed in Okinawa with the objective of 
improving civil-military relations and increasing United States 
training opportunities. 
(F) A discussion_of the status and prospects of negotiations 
between the United States and the Republic of the Philippines 
on the continued use of United States military installations in 
the Republic of the Philippines. 
(G) An assessment of whether a requirement still exists for a 
regional security role for United States forces stationed in the 
Republic of Korea. 
(3) The report required by this subsection shall also include a five-
year plan with respect to the United States military presence in the 
Republic of Korea, including a discussion of the feasibility and 
desirability of the following: 
(A) Partial, gradual reductions in the number of United 
States military personnel stationed in the Republic of Korea. 
(B) Larger offsets by the Republic of Korea for the direct costs 
incurred by the United States in deploying military forces in 
defense of the Republic of Korea. 
(C) The relocation of United States military personnel and 
facilities within the Republic of Korea that can be made to 
reduce friction between such personnel and the people of the 
Republic of Korea. 
(D) Changes in the United Nations and United States-Repub-
lic of Korea bilateral command arrangements that would facili-
tate a transfer of certain military missions and command to the 
Republic of Korea. 
(E) Confidence-building measures that could be promoted in 
northeast Asia to lessen tensions in the region. 
(F) Additional actions the Republic of Korea could take to 
assume more responsibility for its own security. 
(d) 
CONGRESSIONAL COMMITTEES TO 
RECEIVE 
REPORTS.—The 
congressional committees referred to in this section are the congres-
sional defense committees, the Committee on Foreign Relations of 
the Senate, and the Committee on Foreign Affairs of the House of 
Representatives. 
People's 
Republic of 
China. 
Japan. 
Republic of the 
Philippines. 
103 STAT. 1530 
PUBLIC LAW 101-189—NOV. 29, 1989 
PART C—EXPENDITURES IN EUROPE 
SEC. 921. LIMITATION ON EXPENDITURES FOR RELOCATION OF FUNC-
TIONS LOCATED AT TORREJON AIR BASE, MADRID, SPAIN 
(a) LIMITATION.—During the period beginning on June 27, 1989, 
and ending on October 1, 1993, not more than $360,000,000 may be 
obligated or expended from funds available to the Department of 
Defense for the purpose of relocating functions of the Department of 
Defense located at Torrejon Air Base, Madrid, Spain, on June 15, 
1989, to any other location outside the United States. 
Ot)) COUNTING OF NATO INFRASTRUCTURE CONTRIBUTIONS.—For 
purposes of subsection (a), contributions for the North Atlantic 
Treaty Organization Infrastructure program pursuant to section 
2806 of title 10, United States Code, that are used (directly or 
indirectly) for the purpose of relocations described in subsection (a) 
shall be included in determining the amount expended on such 
relocations. 
(c) COUNTING OF REPAYMENTS FOR NATO INFRASTRUCTURE FAMILY 
HOUSING COMMITMENTS.—(1) All amounts which the United States 
is obligated to pay under a housing reimbursement agreement 
described in paragraph (2) shall be deemed to be amounts obligated 
for purposes of subsection (a), regardless of when the agreement is 
entered into or when pajnnents pursuant to the agreement are to be 
made. 
(2) A housing reimbursement agreement for purposes of para-
graph (1) is an agreement calling for the United States to make a 
series of annual pajonents as repa5anent for advances for the cost of 
construction, through the NATO Infrastructure program, of mili-
tary family housing in connection with the relocations described in 
subsection (a). 
(d) EXCLUSION FOR PERSONNEL EXPENSES.—There shall be excluded 
from the determination of amounts expended on relocations de-
scribed in subsection (a) amounts spent for expenses associated with 
permanent change of station moves and other personnel-related 
expenses. 
SEC. 922. SENSE OF CONGRESS CONCERNING UNITED STATES MILITARY 
FACILITIES IN NATO MEMBER COUNTRIES 
(a) NATO POLICY.—It is the sense of Congress that the North 
Atlantic Treaty Organization (NATO) should adopt as its policy the 
following views expressed by the North Atlantic Assembly in its 
1987 report entitled "NATO in the 1990s": 
(1) The member nations of NATO should examine further 
measures that could be taken to relieve the United States from 
the burdens of its military presence in Europe. 
(2) Such nations should consider the provision of base facili-
ties for allied forces and equipment as a part of their national 
contributions to Western security. 
(3) Such nations should not expect compensation for providing 
facilities that the NATO alliance decides are essential to imple-
ment NATO security strategy. 
(4) All wealthier member nations of NATO should assist 
Portugal, Greece, and Turkey to ensure that NATO remains 
politically, economically, and militarily strong in its southern 
region as well as in its central and northern regions. 
(b) UNITED STATES PAYMENT FOR USE OF BASE FACILITIES IN NATO 
COUNTRIES.—It is further the sense of Congress that the United 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1531 
States should not provide economic or security assistance to any 
NATO member nation as compensation or rent for the use of base 
facilities in that nation. 
PART D—COOPERATIVE AGREEMENTS 
SEC. 931. CODIFICATION OF CERTAIN ALLIED COOPERATIVE AGREE-
MENTS STATUTES 
(a) STATUTORY REORGANIZATION.—Chapter 138 of title 10, United 
States Code, is amended— 
(1) by striking out the chapter heading and inserting in lieu 
thereof the following: 
"CHAPTER 138—COOPERATIVE AGREEMENTS WITH NATO 
ALLIES AND OTHER COUNTRIES 
"Subchapter 
"I. Acquisition and Cross-Servicing Agreements 
2341 
"II. Other Cooperative Agreements 
2350a 
"SUBCHAPTER I—ACQUISITION AND CROSS-SERVICING 
AGREEMENTS"; 
and 
(2) by adding at the end the following: 
"SUBCHAPTER II—OTHER COOPERATIVE AGREEMENTS 
"Sec. 
"2350a. Cooperative research and development projects: allied countries. 
"2350b. Cooperative projects under Arms Export Control Act: acquisition of defense 
equipment. 
"2350c. Cooperative military airlift agreements: allied countries. 
"2350d. Cooperative logistic support agreements: NATO countries. 
"2350e. NATO Airborne Warning and Control System (AWACS) program: authority 
of Secretary of Defense. 
"2350f. Procurement of communications support and related supplies and services. 
"§ 2350a. Cooperative research and development projects: allied 
countries 
"(a) AUTHORITY TO ENGAGE IN COOPERATIVE R&D PROJECTS.—The 
Secretary of Defense may enter into a memorandum of understand-
ing (or other formal agreement) with one or more major allies of the 
United States for the purpose of conducting cooperative research 
and development projects on defense equipment and munitions. 
"(b) REQUIREMENT THAT PROJECTS IMPROVE CONVENTIONAL DE-
FENSE CAPABILITIES.—(1) The Secretary of Defense may not enter 
into a memorandum of understanding (or other formal agreement) 
to conduct a cooperative research and development project under 
this section unless the Secretary determines that the proposed 
project will improve, through the application of emerging tech-
nology, the conventional defense capabilities of the North Atlantic 
Treaty Organization (NATO) or the common conventional defense 
capabilities of the United States and its major non-NATO allies. 
"(2) The authority of the Secretary to make a determination under 
paragraph (1) may only be delegated to the Deputy Secretary of 
Defense or the Under Secretary of Defense for Acquisition. 
103 STAT. 1532 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(c) COST SHARING.—Each cooperative research and development 
project entered into under this section shall require sharing of the 
costs of the project between the participants on an equitable basis. 
"(d) RESTRICTIONS ON PROCUREMENT OF EQUIPMENT AND SERV-
ICES.—(1) In order to assure substantial participation on the part of 
the major allies of the United States in cooperative research and 
development projects, funds made available for such projects may 
not be used to procure equipment or services from any foreign 
government, foreign research organization, or other foreign entity. 
"(2) A major ally of the United States may not use any military or 
economic assistance grant, loan, or other funds provided by the 
United States for the purpose of making that ally's contribution to a 
cooperative research and development program entered into with 
the United States under this section. 
"(e) COOPERATIVE OPPORTUNITIES DOCUMENT.—(IXA) In order to 
ensure that opportunities to conduct cooperative research and devel-
opment projects are considered at an early point during the formal 
development review process of the Department of Defense in connec-
tion with any planned project of the Department, the Under Sec-
retary of Defense for Acquisition shall prepare an arms cooperation 
opportunities document with respect to that project for review by 
the Defense Acquisition Board at formal meetings of the Board. 
"(B) The Under Secretary shall also prepare an arms cooperation 
opportunities document for review of each new project for which a 
document known as a Mission Need Statement is prepared. 
"(2) An arms cooperation opportunities document referred to in 
paragraph (1) shall include the following: 
"(A) A statement indicating whether or not a project similar 
to the one under consideration by the Department of Defense is 
in development or production by one or more of the major allies 
of the United States. 
"(B) If a project similar to the one under consideration by the 
Department of Defense is in development or production by one 
or more major allies of the United States, an assessment by the 
Under Secretary of Defense for Acquisition as to whether that 
project could satisfy, or could be modified in scope so as to 
satisfy, the military requirements of the project of the United 
States under consideration by the Department of Defense. 
"(CO An assessment of the advantages and disadvantages with 
regard to program timing, developmental and life cycle costs, 
technolc^y sharing, and Rationalization, Standardization, and 
Interoperability (RSI) of seeking to structure a cooperative 
development program with one or more major allies of the 
United States. 
"(D) The recommendation of the Under Secretary as to 
whether the Department of Defense should explore the feasibil-
ity and desirability of a cooperative development program with 
one or more major allies of the United States. 
"(0 REPORTS TO CONGRESS.—(1) Not later than March 1 of each 
year, the Under Secretary of Defense for Acquisition shall submit to 
the Speaker of the House of Representatives and the Committees on 
Armed Services and Appropriations of the Senate a report on 
cooperative research and development projects under this section. 
Each such report shall include— 
"(A) a description of the status, funding, and schedule of 
existing projects carried out under this section for which memo-
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1533 
randa of understanding (or other formal agreements) have been 
entered into; and 
"(B) a description of the purpose, funding, and schedule of any 
J; new projects proposed to be carried out under this section 
(including those projects for which memoranda of understand-
ing (or other formal agreements) have not yet been entered into) 
for which funds have been included in the budget submitted to 
Congress pursuant to section 1105 of title 31 for the fiscal year 
following the fiscal year in which the report is submitted. 
"(2) The Secretary of Defense and the Secretary of State, when-
ever they consider such action to be warranted, shall jointly submit 
to the Committees on Armed Services and Foreign Relations of the 
Senate and to the Committees on Armed Services and Foreign 
Affairs of the House of Representatives a report— 
"(A) enumerating those countries to be added to or deleted 
from the existing designation of countries designated as major 
non-NATO allies for purposes of this section; and 
"(B) specifying the criteria used in determining the eligibility 
of a country to be designated as a major non-NATO ally for 
purposes of this section. 
"(g) SiDE-BY-SiDE TESTING.—(1) It is the sense of Congress— 
"(A) that the Secretary of Defense should test conventional 
defense equipment, munitions, and technologies manufactured 
and developed by major allies of the United States to determine 
the ability of such equipment, munitions, and technologies to 
satisfy United States military requirements or to correct oper-
ational deficiencies; and 
"(B) that while the testing of nondevelopmental items and 
items in the late state of the development process are preferred, 
the testing of equipment, munitions, and technologies may be 
conducted to determine procurement alternatives. 
"(2) The Secretary of Defense may acquire equipment, munitions, 
and technologies of the type described in paragraph (1) for the 
purpose of conducting the testing described in that paragraph. 
"(3) The Deputy Director, Defense Research and Engineering (Test 
and Evaluation) shall notify the Speaker of the House of Represent-
atives and the Committees on Armed Services and on Appropria-
tions of the Senate of the Deputy Director's intent to obligate funds 
made available to carry out this subsection not less than 30 days 
before such funds are obligated. 
"(4) The Secretary of Defense shall include in the annual report to 
Congress required by section 2457(d) of this title information on— 
"(A) the equipment, munitions, and technologies manufac-
tured and developed by major allies of the United States that 
were evaluated under this subsection during the previous fiscal 
year; 
"(B) the obligation of any funds under this subsection during 
.. 
the previous fiscal year; and 
"(C) the equipment, munitions, and technologies that were 
!
» 
tested under this subsection and procured during the previous 
fiscal year. 
"(h) 
SECRETARY TO ENCOURAGE SIMILAR PROGRAMS.—The Sec- 
] 
retary of Defense shall encourage major allies of the United States 
to establish programs similar to the one provided for in this section, 
"(i) DEFINITIONS.—In this section: 
"(1) The term 'cooperative research and development project' 
means a project involving joint participation by the United 
103 STAT. 1534 
PUBLIC LAW 101-189—NOV. 29, 1989 
States and one or more major allies of the United States under a 
memorandum of understanding (or other formal agreement) to 
carry out a joint research and development program— 
"(A) to develop new conventional defense equipment and 
munitions; or 
"(B) to modify existing military equipment to meet 
United States military requirements. 
"(2) The term 'major ally of the United States' means— 
"(A) a member nation of the North Atlantic Treaty 
Organization (other than the United States); or 
'XB) a major non-NATO ally. 
"(3) The term 'major non-NATO ally' means a country (other 
than a member nation of the North Atlantic Treaty Organiza-
tion) that is designated as a major non-NATO ally for purposes 
of this section by the Secretary of Defense with the concurrence 
of the Secretary of State.". 
(b) TRANSFER OF EXISTING TITLE 10 SECTIONS.—(1) Section 2407 of 
title 10, United States (Dode (relating to acquisition of defense equip-
ment under cooperative agreements), is transferred to the end of 
chapter 138 of such title (as amended by subsection (a)) and redesig-
nated as section 2350b. 
(2) Section 2213 of such title (relating to cooperative military 
airlift agreements), is transferred to the end of chapter 138 of such 
title (as amended by paragraph (1)), redesignated as section 2350c, 
and amended in subsection (d) by striking out "chapter 138 of this 
title" and inserting in lieu thereof "subchapter I". 
(c) (MODIFICATION OF EXISTING NON-TITLE 10 SECTION.—Chapter 138 
of such title (as amended by subsection (b)) is further amended by 
adding at the end the following new section: 
"§ 2350d. Cooperative logistic support agreements: NATO coun-
tries 
"(a) GENERAL AUTHORITY.—(1) The Secretary of Defense may enter 
into bilateral or multilateral agreements known as Weapon System 
Partnership Agreements with one or more governments of other 
member countries of the North Atlantic Treaty Organization 
(NATO) participating in the operation of the NATO Maintenance 
and Supply Organization. Any such agreement shall be for the 
purpose of providing cooperative logistics support for the armed 
forces of the countries which are parties to the agreement. Any such 
agreement— 
"(A) shall be entered into pursuant to the terms of the charter 
of the NATO Maintenance and Supply Organization; and 
^ 
"(B) shall provide for the common logistic support of a specific 
weapon system common to the participating countries. 
"(2) Such an agreement may provide for— 
"(A) the transfer of logistics support, supplies, and services by 
the United States to the NA'TO Maintenance and Supply 
Organization; and 
'(B) the acquisition of logistics support, supplies, and services 
by the United States from that Organization. 
"(b) AuTHORFfY OF SECRETARY.—Under the terms of a Weapon 
System Partnership Agreement, the Secretary of Defense— 
"(1) may agree that the NATO Maintenance and Supply 
Organization may enter into contracts for supply and acquisi-
tion of logistics support in Europe for requirements of the 
^ 
United States, to the extent the Secretary determines that the 
K'i-
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1535 
procedures of such Organization governing such supply and 
acquisition are appropriate; and 
"(2) may share the costs of set-up chaises of facilities for use 
by the NATO Maintenance and Supply Organization to provide 
cooperative logistics support and in the costs of establishing a 
revolving fund for initial acquisition and replenishment of 
supply stocks to be used by the NATO Maintenance and Supply 
Oinganization to provide cooperative Ic^istics support. 
"(c) 
SHAKING OF AnMrNiSTRATiVE I^ENSES.—Each 
Weapon 
System Partnership Agreement shall provide for joint management 
by the participating countries and for the equitable sharing of the 
administrative costs incident to the agreement. 
"(d) APPLICATION OP CHAPTER 137.—Except as otherwise provided 
in this section, the provisions of chapter 137 of this title apply to a 
contract entered into by the Secretary of Defense for the acquisition 
of l(^istics support under a Weapon System Partnership Agreement. 
"(e) APPLICATION OF ABMS EXPORT CONTROL ACT,—Any transfer of 
defense articles or defense services to a member country of the 
North Atlantic Treaty Organization or to the NATO Maintenance 
and Supply Organization for the purposes of a Weapon System 
Partnership Agreement shall be carried out in accordance with the 
Arms Export Control Act (22 U.S.C. 2751 et seq.). 
"(f) SUPPLEMENTAL AUTHORITY.—The authority of the Secretary of 
Defense under this section is in addition to the authority of the 
Secretary under subchapter I and any other provision of law.". 
(d) CONFORMING REPEALS.—The foDowing provisions of law are 
repealed: 
(1) Section 1103 of the Department of Defense Authorization 
Act, 1986 (PubUc Law 99-145; 99 Stat. 713). 
lo USC 2407 
(2) Section 1102 and section 1105 of the National Defense 
note. 
Authorization Act for Fiscal Year 1987 (Public Law 99-661, 800 
Stat. 3961, 3965). 
10 USC 2407 
(e) CONFORMING AND CLERICAL AMENDMENTS.—(1) Sections 2342 
o°c^l^^ ^^ 
through 2350 of title 10, United States Code, are amended by 
striking out "this chapter" each place it apx>ears and inserting in 
lieu thereof "this subchapter". 
(2) The items relating to chapter 138 in the table of chapters at the 
b^inning of subtitle A, and at the beginning of part IV of subtitle 
A, of such title are amended to read as follows: 
"138. Cooperative Agreements with NATO Allies and Other Covintries 
2341". 
(3) The heading of section 2350b of such title (as redesignated by 
subsection (bXD) is amended to read as follows: 
'*§ 2350b. Cooperative projects under Arms Export Control Act: 
acquisition of defense equipment". 
(4) The heading of section 2350c of such title (as redesignated by 
subsection (bX2)) is amended to read as follows: 
2767a. 
103 STAT. 1536 
PUBLIC LAW 101-189—NOV. 29, 1989 
"§ 2350c. Cooperative military airlift agreements: allied coun-
tries". 
SEC. 932. EXTENSION AND CODIFICATION OF AUTHORITY PROVIDED THE 
SECRETARY OF DEFENSE IN CONNECTION WITH THE NATO 
AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) PRO-
GRAM 
(a) EXTENSION AND CODIFICATION.—(1) Chapter 138 of title 10, 
United States Code (as amended by section 931), is further amended 
by adding at the end the following new section: 
"§ 2350e. NATO Airborne Warning and Control System (AWACS) 
program: authority of Secretary of Defense 
"(a) AUTHORITY UNDER AWACS PROGRAM.—The Secretary of De-
fense, in carrying out an AWACS memorandum of understanding, 
may do the following: 
"(1) Waive reimbursement for the cost of the following func-
tions performed by personnel other than personnel employed in 
the United States Air Force Airborne Warning and Control 
System (AWACS) program office: 
"(A) Auditing. 
"(B) Quality assurance. 
"(C) Codification. 
"(D) Inspection. 
"(E) Contract administration. 
"(F) Acceptance testing. 
"(G) (Dertification services. 
"(H) Planning, programming, and management services. 
"(2) Waive any surcharge for administrative services other-
wise chargeable. 
"(3) In connection with that Program, assume contingent 
liability for— 
"(A) program losses resulting from the gross negligence of 
any contracting officer of the United States; 
"(B) identifiable taxes, customs duties, and other charges 
levied within the United States on the program; and 
"(C) the United States share of the unfunded termination 
liability. 
"(b) CONTRACT AUTHORITY LIMITATION.—Authority under this sec-
tion to enter into contracts shall be effective for any fiscal year only 
to such extent or in such amounts as are provided in appropriation 
Acts. 
"(c) DEFINITION.—In this section, the term 'AWACS memorandum 
of understanding' means— 
"(1) the Multilateral Memorandum of Understanding Be-
tween the North Atlantic Treaty Organization (NATO) Min-
isters of Defence on the NATO E-3A Cooperative Programme, 
signed by the Secretary of Defense on December 6, 1978; 
"(2) the Memorandum of Understanding for Operations and 
Support of the NATO Airborne Early Warning and (Dontrol 
Force, signed by the United States Ambassador to NATO on 
September 26, 1984; and 
"(3) any other follow-on support agreement for the NATO 
E-3A Cooperative Programme. 
"(d) EXPIRATION.—The authority provided by this section expires 
on September 30,1991.". 
note. 
:-J3B-V 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT, 1537 
(b) CONFORMING REPEAL.—Section 103 of the Department of De-
fense Authorization Act, 1982 (Public Law 97-86), is repealed. 
10 USC 2407 
SEC. 933. REVISION AND EXTENSION OF AUTHORITY FOR PROCUREMENT 
OF COMMUNICATIONS SUPPORT AND RELATED SUPPLIES AND 
SERVICES FROM OTHER NATIONS 
(a) RECODIFICATION OF SECTION.—Section 2401a of title 10, United 
States Code, is transferred to the end of subchapter II of chapter 138 
of such title, as added by section 931 and amended by section 932, 
and is redesignated as section 2350f. 
O
o
) AUTHORITY TO ENTER INTO BILATERAL AND MULTILATERAL 
ARRANGEMENTS.—Subsection (a) of such section is amended— 
(1) by striking out "an arrangement with the Minister of 
Defense or other appropriate official of any allied country or 
with the North Atlantic Treaty Organization (NATO)" and 
inserting in lieu thereof "a bilateral arrangement with any 
allied country or allied international organization or may enter 
into a multilateral arrangement with allied countries and allied 
international organizations"; 
(2) by striking out "such country or NATO" and inserting in 
lieu thereof "the allied country or countries or allied inter-
national organization or allied international organizations, as 
the case may be,"; and 
(3) by adding at the end the following new sentence: "The 
term of an arrangement entered into under this subsection may 
not exceed five years.". 
(c) LIQUIDATION OF CREDITS AND LIABILITIES.—Subsection (b) of 
such section is amended— 
(1) by inserting "(1)" after "(b)"; 
(2) by designating the second sentence as paragraph (3); 
(3) by inserting after the first sentence the following new 
sentence: "Liquidations may be made at such times as the 
parties in an arrangement may eigree upon, but in no case may 
final liquidation in the case of an arrangement be made later 
than 30 days after the end of the term for which the arrange-
ment was entered into."; and 
(4) by inserting after paragraph (1), as designated by clause (1) 
of this subsection, the following new paragraph: 
"(2) Parties to an arrangement entered into under this section 
shall annually reconcile accrued credits and liabilities accruing 
under such agreement. Any liability of the United States resulting 
from a reconciliation shall be charged against the applicable appro-
priation available to the Department of Defense (at the time of the 
reconciliation) for obligation for communications support and 
related supplies and services.". 
(d) DEFINITIONS.—Subsection (d) of such section is amended— 
(1) by striking out "In this section, the term 'allied country' 
means—" and inserting in lieu thereof "In this section: 
"(1) The term 'allied country' means—"; 
(2) by redesignating clauses (1) and (2) as clauses (A) and (B), 
respectively; 
(3) by striking out "; or" at the end of clause (A), as redesig-
nated by clause (2) of this subsection, and inserting in lieu 
thereof a semicolon; 
(4) by striking out the period at the end of clause (B), as 
redesignated by clause (2) of this subsection, and inserting in 
lieu thereof "; or"; and 
103 STAT. 1538 
PUBLIC LAW 101-189—NOV. 29, 1989 
(5) by adding at the end the following: 
"(C) any other coxintry designated as an allied country for 
purposes of this section by the Secretary of Defense with 
the concurrence of the Secretary of State. 
"(2) The term 'allied international organization' means the 
North Atlantic Treaty Organization (NATO) or any other inter-
national organization designated as an allied international 
oi^anization for the purposes of this section by the Secretary of 
Defense with the concurrence of the Secretary of State.", 
(e) CLERICAL AMENDMENT.—The table of sections at the b a n n i n g 
of chapter 141 of such title is amended by striking out the item 
relating to section 2401a. 
SEC. 934. TWO-YEAR EXTENSION OF AUTHORITY TO PROVIDE EXCESS 
DEFENSE ARTICLES FOR THE MODERNIZATION OF DEFENSE 
CAPABILITIES OF COUNTRIES ON NATO SOUTHERN AND 
SOUTHEASTERN FLANKS 
Section 516(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j(a)) is amended— 
(1) by striking out "during the fiscal years 1987, 1988, and 
1989" in the first sentence and inserting in lieu thereof "during 
the fiscal years 1987 through 1991"; and 
(2) by adding at the end the following new sentence: "Trans-
fers to recipient countries under this subsection shall be consist-
ent with the policy framework for the EJastem Mediterranean 
r ^ o n established in section 620C of this Act.". 
SEC. 935. AUTHORITY FOR EXCHANGE TRAINING THROUGH SPECIFIED 
PROFESSIONAL MILITARY EDUCATION INSTITUTION OUTSIDE 
THE UNITED STATES 
(a) AUTHORITY.—The United States Army Russian Institute in 
Garmisch-Partenkirchen, Federal Republic of Germany, shall be 
treated for purposes of section 544 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2347c) as if it were located in the United States. 
(b) EXPIRATION OF AUTHORITY.—Subsection (a) shall cease to be in 
effect upon the enactment in foreign assistance authorizing legisla-
tion of an amendment to section 544 of the Foreign Assistance Act of 
1961 that provides the same authority as is provided by subsec-
tion (a). 
SEC. 936. EXTENSION OF AUTHORITY TO PAY CERTAIN EXPENSES IN 
CONNECTION WITH BILATERAL AND REGIONAL COOPERA-
TION PROGRAMS 
(a) EXTENSION OF AUTHORITY TO MEETINGS, ETC., IN CANADA AND 
MEXICO.—Suteection (bXD of section 1051 of title 10, United States 
Code, is amended by inserting "or in connection witib travel to 
Canada or Mexico" before the period at the end. 
(b) THREE-YEAR EXTENSION OF AUTHORITY.—Subsection (g) of such 
section is amended by striking out "September 30, 1989" and insert-
ing in Ueu thereof "September 30,1992^'. 
SEC 937. EXTENSION OF H-1 IMMIGRATION STATUS FOR CERTAIN 
NONIMMIGRANTS EMPLOYED IN COOPERATIVE RESEARCH 
AND 
DEVELOPMENT 
PROJECTS 
AND COPRODUCTION 
PROJECTS 
! use 1101 note. 
The Attorney General shall provide for the extension through 
December 31, 1991, of nonimmigrant 
status under 
section 
22 u s e 2347c 
note. 
Federal 
Republic of 
Germany. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1539 
101(aX15XHXi) of the Immigration and Nationality Act (8 U.S.C. 
1101(aX15XHXi)) for an alien to perform temporarily services relat-
ing to a cooperative research and development project or a 
coproduction project provided under a government-to-government 
£igreement administered by the Secretary of Defense in the case of 
an alien who has had such status for a period of at least five years if 
such status has not expired as of the date of the enactment of this 
Act but would otherwise expire during 1989, 1990, or 1991, due only 
to the time limitations with respect to such status. 
SEC. 938. METHODS OF PAYMENT FOR ACQUISITIONS AND TRANSFERS BY 
THE UNITED STATES TO ALLIED COUNTRIES 
(a) EXCHANGES TO BE FOR SUPPUES OR SERVICES OF IDENTICAL 
VALUE.—Section 2344 of title 10, United States Code, is amended by 
striking out "identical or substantially identical nature" before the 
period at the end of subsection (a) and inserting in lieu thereof 
equal value". 
(b) LIMITATIONS ON EXCHANGES.—Such section is further amended 
by adding at the end the following new subsection: 
"(c) In acquiring or transferring logistics support, supplies, or 
services under the authority of this chapter by exchange of supplies 
or services, the Secretary of Defense may not agree to or carry out 
the following: 
"(1) Transfers in exchsmge for property the acquisition of 
which by the Department of Defense is prohibited by law. 
"(2) Transfers of source, byproduct, or special nuclear mate-
rials or any other material, article, data, or thing of value the 
transfer of which is subject to the Atomic Energy Act of 1954 (42 
U.S.C. 201 l e t seq.). 
"(3) Transfers of chemical munitions.". 
(c) APPUCATION OF CHAPTER 138.—Section 2350d(e) of title 10, 
United States (Dode, as enacted by section 931(c), is amended by 
inserting "this chapter and" after "in accordance with". 
TITLE X—MATTERS RELATING TO ARMS CONTROL 
SEC. 1001. PRESIDENTIAL REPORT ON POSSIBLE EFFECTS OF A STRATE-
GIC ARMS REDUCTION AGREEMENT ON TRIDENT PROGRAM 
(a) REPORT.—Not later than April 1, 1990, the President shall 
submit to 0)ngress a comprehensive report on the Trident program 
under a possible Strategic Arms Reduction Talks (START) agree-
ment. The report shall address the following issues: 
(1) The objective for the size of the Trident submarine force 
fleet both with and without a START agreement. 
(2) The implications for United States strategic force posture 
under a START agreement of a fleet of 21 or more Trident 
submarines, each with 192 warheads on 24 ballistic missiles, 
under two different assumptions, as follows: 
(A) All such warheads are accountable under START 
limits. 
(B) The warheads on one-to-three Trident submarines are 
not accountable under START limits. 
(3) A net assessment of the implications for United States 
security of a START agreement that allows the Soviet Union as 
well as the United States to have an equivalent number of 
warheads on submarines that are not accountable under 
START limits. 
103 STAT. 1540 
PUBLIC LAW 101-189—NOV. 29, 1989 
(4) The technical feasibility and cost implications of various 
options for reducing the number of warheads on Trident sub-
marines, including those submarines already built, those under 
construction, and those yet to be built. 
(5) The verification challenges to the United States posed by 
such options if the Soviet Union were to adopt them in its 
ballistic missile submarine forces. 
0)) FORM OF REPORT,—The President shall submit the report under 
subsection (a) in both classified and unclassified versions. 
(c) WAIVER.—The President may waive the requirements of 
subsection (a) if he has signed a START agreement or other strategic 
arms reduction agreement with the Soviet Union before the date by 
which the report is otherwise required to be submitted. 
SEC. 1002. PRESIDENTIAL REPORT ON THE VERIFICATION WORK THAT 
HAS BEEN CONDUCTED WITH REGARD TO MOBILE ICBMs 
UNDER A START AGREEMENT 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States must have confidence that any agree-
ment achieved through the Strategic Arms Limitation Talks 
(START) in Geneva will be effectively verifiable. 
(2) The position of the United States at the START negotia-
tions, from 1985 until September 1989, was to ban the deploy-
ment of mobile intercontinental ballistic missiles (ICBMs) under 
a START regime unless an effective verification regime could be 
identified and implemented. In September 1989, the United 
States announced that it was withdrawing its proposal for the 
ban of mobile ICBMs, contingent upon Congress providing funds 
for mobile ICBMs to be deployed by the United States. 
(3) The Soviet Union has deployed two mobile ICBM systems, 
the SS-24 and the SS-25. 
(4) The President conducted a strategic review during the 
period between January 20, 1989, and the resumption of the 
START negotiations on June 15,1989. 
(b) PRESIDENTIAL REPORT.—Not later than March 31, 1990, the 
President shall submit to Congress a report (in classified and un-
classified form) describing all studies that have been performed 
between March 1985 and August 1989 by agencies of the United 
States Government with regard to the capability of the United 
States to monitor and verify a START agreement which allows 
mobile ICBMs. The report shall include the following: 
(1) A description of each study conducted by United States 
Grovernment agencies during the strategic review referred to in 
subsection (aX4) to determine the ability of the United States to 
verify limitations on mobile ICBMs of the Soviet Union under a 
START agreement, including a summary of the conclusions 
reached under each such study. 
(2) A description of any so-called "Red Team" study conducted 
between March 1985 and August 1989 with regard to the exist-
ence of mobile ICBMs under a START regime, including a 
summary of the conclusions reached under each such study 
(3) A description of each study conducted by United States 
Government agencies between March 1989 and August 1989 to 
assess the value of various options relating to the verification of 
mobile ICBMs (such options to include the option known as 
"tagging" and the establishment of designated deplo}rment 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1541 
areas), including a summary of the conclusions reached under 
each such study. 
SEC 1003. SENSE OF CONGRESS ON START TALKS 
Congress hereby reaffirms the sense of Congress expressed in the 
second session of the 100th Congress (in section 902 of the National 
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 
102 Stat. 2031)) that any agreement n^otiated by the President to 
achieve a reduction and limitation on strategic arms (through the 
Strategic Arms Reduction Talks in Geneva or otherwise)— 
(1) should not prevent the United States from deploying a 
force structure under the agreement which emphasizes surviv-
able s t r a t ^ c S3^tems and, in particular, should not in any way 
compromise the security of the United States ballistic-missile 
carrying submarine force; and 
(2) should not prohibit or limit the deployment of non-nuclear 
cruise missiles. 
SEC 1004. REPORT ON ASYMMETRIES IN CAPABILITIES OF UNITED 
STATES AND SOVIET UNION TO PRODUCE AND DEPLOY 
BALUSTIC MISSILE DEFENSE SYSTEMS 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct a 
study on the asymmetry in the near-term capabilities of the United 
States and the Soviet Union to deploy ballistic missile defenses 
beyond those permitted under the 1972 ABM Treaty. The study 
shall be conducted in coordination with the Director of (Ilentral 
Intelligence. 
(b) MATTERS TO BE INCLUDED IN STUDY.—Subject to subsection (e), 
the study shall include the following: 
(1) An assessment of the likelihood of a breakout by the Soviet 
Union from the 1972 ABM Treaty in the next five years and the 
assumptions used for that assessment. 
(2) An assessment of the capability of the Soviet Union to 
exploit a situation in which the limitations of the 1972 ABM 
Treaty do not apply, including a detailed assessment of the 
capabilities of the Soviet Union to produce— 
(A) space-based anti-ballistic missile (ABM) launchers and 
interceptors; 
(B) ground-based ABM launchers and interceptors; and 
(C) the infrastructure for ABM battle management com-
mand, control, and communications. 
(3) An assessment of the production base of the United States 
for production of the elements specified in subparagraphs (A), 
(B), and {Q of paragraph (2), including an estimate of how 
quickly the United States could respond to a breakout by the 
Soviet Union in each of those elements. 
(c) STUDY TO ASSESS POSSIBUB UNITED STATES RESPONSE TO SOVIET 
BREAKOUT.—(1) The study shall also include an assessment of the 
immediate and long-term actions that could be taken by the United 
States to respond to redress any asymmetry in the potential of the 
United States and the Soviet Union to exploit a breakout by the 
Soviet Union from the 1972 ABM Treaty. 
(2) That assessment shall include an evaluation of the actions that 
would be necessary to support— 
(A) a one-site ABM system (as allowed under the Treaty); or 
(B) an expanded ABM system imconstrained by the limita-
tions of the 1972 ABM Treaty. 
103 STAT. 1542 
PUBLIC LAW 101-189—NOV. 29, 1989 
North Dakota. 
(3) guch assessment shall specifically address the required actions, 
and the costs associated with those actions, to support both the one-
site ABM system and the expanded ABM system to be evaluated 
under paragraph (2), including (A) the upgrading and expansion of 
the existing United States radar network, (B) the use of existing 
inactive ABM components at Grand Forks, North Dakota, and (C) 
the development and deplo3anent of other required components. 
(d) REPORT.—Not later than the date on which the budget for 
fiscal year 1991 is submitted to Congress pursuant to section 1105 of 
title 31, United States Code, the Secretary of Defense shall submit tn 
Congress a report on the study under subsection (a). The report shall 
be submitted in both classified and unclassified form. The report 
shall specify the results of the study under subsection (a), including 
each matter required to be included in the study under this section. 
(e) WAIVER OF REQUIRED STUDY FEATURE.—The study under 
subsection (a) need not include the assessment referred to in subsec-
tion O^XD if, before the date of the submission of the report required 
by subsection (d) with respect to the study, the President submits to 
Congress the report required by section 907 of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 
2034), regarding antiballistic missile capabilities and activities of the 
Soviet Union (such report having been required by subsection (c) of 
such section to be submitted not later than January 1, 1989). 
(f) 1972 ABM TREATY DEFINED.—For purposes of this section, the 
term "1972 ABM Treaty" means the Treaty Between the United 
States of America and the Union of Soviet Socialist Republics on the 
Limitations of Anti-Ballistic Missiles, signed at Moscow on May 26, 
1972. 
SEC. 1005. SENSE OF THE CONGRESS WITH RESPECT TO ACCIDENTAL 
LAUNCH PROTECTION 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Strategic Defense Initiative (SDI) has made substan-
tial progress in developing technologies to defend the United 
States from a possible ballistic missile attack, be it deliberate or 
accidental. 
(2) Ground-based elements and their associated adjuncts and 
technologies represent the most mature technologies within the 
SDI program and should therefore receive priority by the 
Strategic Defense Initiative Organization. 
(3) The United States is a signatory to the 1972 Anti-Ballistic 
Missile Treaty. 
(4) There have been several accidents involving ballistic mis-
siles, including the loss of a submarine of the Soviet Union due 
to inadvertent missile ignition and the inadvertent landing in 
China of a test missile of the Soviet Union. 
(5) The continued proliferation of offensive ballistic missile 
forces by non-superpower countries hostile to the United States 
and our allies raises the possibility of future nuclear threats. 
Ot)) REAFFIRMATION OF SENSE OF CONGRESS.—Congress hereby re-
affirms the sense of Congress expressed in section 224(b) of the 
National Defense Authorization Act, Fiscal Year 1989 (Public Law 
100-456; 102 Stat. 1942) stating— 
(1) that the Secretary of Defense should direct the Strategic 
Defense Initiative Organization to give priority to development 
of technologies and systems for a system capable of protecting 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1543 
the United States from the accidental launch of a strategic 
ballistic missile against the continental United States; and 
(2) that such development of an accidental launch protection 
system should be carried out with an objective of ensuring that 
such system is in compliance with the 1972 Anti-Ballistic Mis-
sile Treaty, 
(c) SUBMISSION OF PREVIOUSLY REQUIRED REPORT.—The Secretary 
of Defense shall submit to Congress forthwith the report on the 
status of planning for development of a deployment option for such 
an accidental launch protection system that was required by section 
224(c) of that Act to be submitted not later than March 1, 1989. 
SEC. 1006. CONGRESSIONAL 
FINDINGS AND SENSE OF CONGRESS 
CONCERNING THE KRASNOYARSK RADAR 
(a) REAFFIRMATION OF PRIOR FINDINGS.—Congress hereby re-
affirms the findings made with respect to the large phased-array 
radar of the Soviet Union known as the "Krasnoyarsk radar" in 
paragraphs (1) through (6) of section 902(a) of the National Defense 
Authorization Act for Fiscal Years 1988 and 1989 (Public Law 
100-180; 101 Stat. 1135), as follows: 
(1) The 1972 Anti-Ballistic Missile Treaty prohibits each party 
from deploying ballistic missile early warning radars except at 
locations along the periphery of its national territory and ori-
ented outward. 
(2) The 1972 Anti-Ballistic Missile Treaty prohibits each party 
from deplojring an ABM system to defend its national territory 
and from providing a base for any such nationwide defense. 
(3) Large phased-array radars were recognized during negotia-
tion of the Anti-Ballistic Missile Treaty £is the critical long lead-
time element of a nationwide defense against ballistic missiles. 
(4) In 1983 the United States discovered the construction, in 
the interior of the Soviet Union near the town of Krasnoyarsk, 
of a large phased-array radar that has subsequently been judged 
to be for ballistic early warning and tracking. 
(5) The Krasnoyarsk radar is more than 700 kilometers from 
the Soviet-Mongolian border and is not directed outward but 
instead faces the northeast Soviet border more than 4,500 kilo-
meters away. 
(6) The Krasnoyarsk radar is identical to other Soviet ballistic 
missile early warning radars and is ideedly situated to fill the 
gap that would otherwise exist in a nationwide Soviet ballistic 
missile early warning radar network. 
O
b
) FURTHER FINDINGS.—In addition to the findings referred to in 
subsection (a). Congress finds with respect to the Krasnoyarsk radar 
that— 
(1) in 1987 the President declared that radar to be a clear 
violation of the 1972 Anti-Ballistic Missile Treaty; 
(2) until the meeting between the Secretary of State and the 
Foreign Minister of the Soviet Union at Jackson Hole, Wyo-
ming, in September 1989, the Soviet Union had rejected 
demands by the United States that it dismantle that radar 
without conditions, but the joint statment issued following that 
meeting states that the government of the Soviet Union "had 
decided to completely dismantle the Krasnoyarsk radar sta-
tion"; and 
103 STAT. 1544 
PUBLIC LAW 101-189—NOV. 29, 1989 
President of U.S. 
Union of Soviet 
Socialist 
Republics. 
(3) on October 23, 1989, the Foreign Minister of the Soviet 
Union conceded that the Krasnoyarsk radar is a violation of the 
1972 Anti-Ballistic Missile Treaty, 
(c) SENSE OF CONGRESS.—It is the sense of Congress— 
(1) that the Soviet Union should dismantle the Krasnoyarsk 
radar {as announced in the joint statement referred to in subsec-
tion 03X2)) expeditiously and without conditions; and 
(2) that until such radar is completely dismantled it will 
remain a clear violation of the 1972 Anti-Ballistic Missile 
Treaty. 
SEC. 1007. SENSE OF CONGRESS CONCERNING EXPLORING THE FEASIBIL-
ITY OF TREATY LIMITATIONS ON WEAPONS CAPABLE OF 
THREATENING MILITARY SATELLITES 
It is the sense of Congress that, as soon as practicable, the 
President should explore the feasibility of a mutual and verifiable 
treaty with the Soviet Union which places the strictest possible 
limitations, consistent with the security interests of the United 
States and its allies, on the development, testing, production, and 
deployment of weapons capable of directly threatening United 
States military satellites. 
SEC. 1008. REPORT ON SATELLITE SURVIVABILITY 
(a) REQUIREMENT FOR REPORT.—The President shall submit to 
Congress a comprehensive report on United States antisatellite 
weapon activities and the survivability of United States satellites 
against current and potential antisatellite weapons deployed by the 
Soviet Union. The report shall be submitted by March 15, 1990, and 
shall be submitted in both classified and unclassified versions. 
Oa) MATTERS TO BE INCLUDED IN REPORT.—The report required by 
subsection (a) shall include the following: 
(1) Detailed information (including funding profiles, expected 
capabilities, and schedules for development, testing, and deploy-
ment) on all United States antisatellite weapon programs. 
(2) An analysis of the antisatellite potential of the anticipated 
deployed version of each Strategic Defense Initiative technology 
capable of damaging or destroying objects in space. 
(3) An assessment of the threat that would be posed to 
satellites of the United States if the technologies described in 
paragraphs (1) and (2) were to be tested by the Soviet Union, at 
levels of performance equal to those intended by the United 
States, and developed into weapons for damaging or destroying 
objects in space. 
(4) A review of arms control options and satellite survivability 
measures (including cost data) that would improve the surviv-
ability of current and future United States military satellite 
systems. 
(5) A review of alternative means of providing the support to 
military forces of the United States that is currently provided 
by United States satellites if those satellites become vulnerable 
to attack as the result of the deployment by the Soviet Union of 
antisatellite weapons with the levels of performance con-
templated in paragraph (3). 
; 
? 
t 
^ 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1545 
SEC. 1009. REPORT ON THE DESIRABILITY OF NEGOTIATIONS WITH THE 
President of U.S. 
SOVIET UNION REGARDING LIMITATIONS ON ANTISATELLITE 
CAPABILITIES 
(a) REPORT BY THE PRESIDENT.—The President shall submit to 
Congress a comprehensive report regarding the desirability of an 
agreement with the Soviet Union to impose limitations on antisat-
ellite capabilities. The President shall include in such report his 
determination of whether a ban or other limitations on some or all 
antisatellite weapons would be verifiable and, if so, whether such a 
ban or other limitation would be in the national interest of the 
United States. 
0>) MATTERS RELATING TO VERIFICATION.—In making the deter-
mination referred to in subsection (a), the President shall— 
(1) consider the extent to which on-site inspection measures 
(as well as national technical means for verification) can in-
crease confidence in the ability of the United States to monitor 
and verify various agreed-upon antisatellite limitations; and 
(2) examine various arms control possibilities, including— 
(A) a total ban on antisatellite capability by both the 
United States and the Soviet Union; 
(B) a ban or other limitation on antisatellite weapons 
with the potential to attack satellites at altitudes above the 
Van Allen belt; and 
(C) a ban or other limitation on antisatellite weapons that 
operate only in low-Earth orbit. 
(c) 
MATTERS RELATING TO DETERRENCE AND WAR FIGHTING 
REQUIREMENTS.—In the report required by subsection (a), the Presi-
dent shall also address the following: 
(1) The contribution an antisatellite capability of the United 
States can make toward enhancing deterrence. 
(2) The contribution an antisatellite capability can make 
toward meeting the war fighting requirements of the United 
States and how such a capability enhances force survivability. 
(3) The extent to which Ot>ased upon a net assessment) the 
United States would be better able to meet its war fighting 
requirements and deterrence objectives i
f
— 
(A) the Soviet Union possessed an antisatellite capability 
and the United States did not possess an antisatellite 
^
^ 
capability; 
f
* *-* 
(B) neither the United States nor the Soviet Union pos-
sessed an antisatellite capability; 
(C) the United States and the Soviet Union both possessed 
a limited antisatellite capability; 
I 
(D) the United States and the Soviet Union both pos-
sessed an unrestricted antisatellite capability. 
(d) SUBMISSION OF REPORT.—The report required by subsection (a) 
shall be submitted to Congress not later than May 1, 1990, and shall 
be submitted in both classified and unclassified versions. 
SEC. 1010. REPORT ON VERIFICATION OF COMPLIANCE WITH AGREE-
MENTS TO LIMIT NUCLEAR TESTING 
(a) REPORT REQUIREMENT.—The Secretary of Energy shall prepare 
a report, in classified form, assessing the possible effects on the 
abilities of the United States to verify compliance by the Soviet 
Union with any agreement (presently in effect or under negotiation) 
to limit testing of nuclear devices should any information or data 
now obtained under any cooperative agreement with any controlled 
103 STAT. 1546 
PUBLIC LAW 101-189—NOV. 29, 1989 
country and used to verify the degree of such compliance be cur-
tailed or become unavailable due to a change in, or severing of, 
diplomatic relations with such a controlled country. The report shall 
assess, in particular, whether compliance by the Soviet Union with 
any such agreement to limit testing of nuclear devices can be fully 
and reliably verified should such a cooperative agreement be cur-
tailed or terminated. The report shall be prepared in consultation 
with the Secretary of Defense. 
(b) SUBMISSION OF REPORT.—The report prepared under subsection 
(a) shall be submitted to Congress not later than six months after 
the date of the enactment of this Act. 
(c) CONTROLLED COUNTRY DEFINITION.—For purposes of this sec-
tion, the term "controlled country" means a country listed in sec-
tion 620(fKl) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(f)(1)). 
SEC. 1011. SENSE OF CONGRESS ON ARMS CONTROL NEGOTIATIONS AND 
UNITED STATES MODERNIZATION POLICY 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States is currently engaged in a wide range of 
,
^ arms control negotiations in the areas of strategic nuclear 
forces, strategic defenses, conventional force levels, chemical 
weapons, and security and confidence building measures. 
(2) On May 30, 1989, the North Atlantic Treaty Organization 
issued a "Comprehensive Concept on Arms Control and Disar-
mament" which placed a special emphasis on arms control as a 
means of enhancing security and stability in Europe. 
(3) The President has stated that arms control is one of the 
highest priorities of the United States in the area of security 
and foreign policy and that the United States will pursue a 
; 
dynamic, active arms control dialogue with the Soviet Union 
and the other Warsaw Pact countries. 
(4) The United States has already made major proposals at 
the Conventional Forces in Europe Talks, convened on March 6, 
1989, which would result in a dramatic reduction in Soviet and 
Warsaw Pact conventional forces. 
(5) The President, on September 25, 1989, made a major new 
arms control proposal in the area of chemical weapons. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the President is to be commended for pursuing a wide 
array of arms control initiatives in the context of a multitude of 
arms control negotiations, all of which have been designed to 
enhance global security and result in meaningful, militarily 
significant reductions in military forces; 
(2) Congress fully supports the arms control efforts of the 
President and encourages the government of the Soviet Union 
,, to respond favorably to United States arms control proposeds 
which would require the Soviet Union to reduce its massive 
quantitative superiority in military weaponry; 
(3) the President should seek arms control agreements that 
would not limit the United States to levels of forces inferior to 
s
> 
the limits provided for the Soviet Union; and 
(4) the President's efforts to negotiate such sigreements is 
dependent upon the msdntenance of a vigorous research and 
development and modernization program as required for a pru-
dent defense posture. 
(c) REAFFIRMATION OF PROHIBITION RELATING TO ENTERING INTO 
CERTAIN ARMS CONTROL AGREEMENTS.—Congress hereby reaffirms 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1547 
the proviso in the first sentence of section 33 of the Arms Control 
and Disarmament Act (22 U.S.C. 2573) that no action may be taken 
under that Act or any other Act that will obligate the United States 
to disarm or to reduce or limit the Armed Forces or armaments of 
the United States, except pursuant to the treatymaking power of the 
President under the Constitution or unless authorized by further 
affirmative legislation by the Congress. 
SEC. 1012. REPORT ON EFFECT OF SPACE NUCLEAR REACTORS ON 
GAMMA-RAY ASTRONOMY MISSIONS 
Not later than April 30, 1990, the President shall submit to President of U.S. 
Congress a report on the potential for interference with gamma-ray 
astronomy missions that could be caused by the placement in Earth 
orbit of space nuclear reactors. 
SEC. 1013. SENSE OF CONGRESS ON CHEMICAL WEAPONS NEGOTIATIONS 
(a) FINDINGS.—Congress makes the following findings: 
(1) The proliferation of chemical weapons and the repeated 
use of chemical weapons represent a grave threat to the secu-
rity and interests of the United States. 
(2) The most comprehensive and effective response to the 
threat posed by the proliferation of chemical weapons is the 
completion of an effectively verifiable treaty banning the 
production and stockpiling of all chemical weapons. 
(3) The successful completion of a treaty banning all chemiceil 
weapons through the negotiations at the multinational United 
Nations Conference on Disarmament in Geneva should be one 
of the highest arms control priorities of the United States. 
OJ) SENSE OF CONGRESS.—In light of the findings in subsection (a), 
it is the sense of Congress that— 
(1) the President should continue ongoing efforts to establish 
an £igreement with the Soviet Union and other countries 
establishing a mutual and effectively verifiable agreement to 
stop the production, proliferation, and stockpiling of all lethal 
chemical weapons; and 
(2) the United States negotiators in Geneva should take con-
crete steps to initiate proposals regarding the composition of the 
verification regime for such an agreeement that will meet the 
legitimate concerns of other parties while addressing the secu-
rity concerns of the United States. 
SEC. 1014. UNITED STATES PROGRAM FOR ON-SITE INSPECTIONS UNDER 
ARMS CONTROL AGREEMENTS 
(a) FINDINGS CONCERNING ON-SITE INSPECTION PERSONNEL.—Con- 
22 use 2595 
gress makes the following 
findings: 
^°^-
(1) The United States is currently engaged in multilateral and 
bilateral negotiations seeking to achieve treaties or agreements 
to reduce or eliminate various t)rpes of military weapons and to 
make certain reductions in military personnel levels. These 
negotiations include negotiations for (A) reductions in strategic 
forces, conventional armaments, and military personnel levels, 
(B) regimes for monitoring nuclear testing, and (C) the complete 
elimination of chemical weapons. 
(2) Requirements for monitoring these possible treaties or 
agreements will be extensive and will place severe stress on the 
monitoring capabilities of United States national technical 
means. 
103 STAT. 1548 
PUBLIC LAW 101-189—NOV. 29, 1989 
(3) In the case of the INF Treaty, the United States and the 
Soviet Union negotiated, and are currently using, on-site inspec-
tion procedures to complement and support monitoring by na-
tional technical means. Similar on-site inspection procedures 
are being negotiated for inclusion in possible future treaties and 
agreements referred to in paragraph (1). 
(4) During initial implementation of the provisions of the INF 
Treaty, the United States was not fully prepared for the person-
nel requirements for the conduct of on-site inspections. The 
Director of Central Intelligence has stated that on-site inspec-
tion requirements for any strategic arms reduction treaty or 
agreement will be far more extensive than those for the INF 
Treaty. The number of locations within the Soviet Union that 
would possibly be subject to on-site inspections under a START 
agreement have been estimated to be approximately 2,500 (com-
pared to 120 for the INF Treaty). 
(5) On-site inspection procedures are likely to be an integral 
part of any future arms control treaty or agreement. 
(6) Personnel requirements will be extensive for such on-site 
inspection procedures, both in terms of numbers of personnel 
and technical and linguistic skills. Since verification require-
ments for the INF Treaty are already placing severe stress on 
current personnel resources, the requirements for verification 
under START and other possible future treaties and agree-
ments may quickly exceed the current number of verification 
personnel having necessary technical and language skills. 
(7) There is a clear need for a database of the names of 
individuals who are members of the Armed Forces or civilian 
employees of the United States Government, or of other citizens 
and nationals of the United States, who are qualified (by resison 
of technical or language skills) to participate in on-site inspec-
tions under an arms control treaty or agreement. 
(8) The organization best suited to establish such a database is 
the On-Site Inspection Agency (OSIA) of the Department of 
Defense, which was created by the President to implement (for 
the United States) the on-site inspection provisions of the INF 
Treaty. 
(b) STATUS OF THE OSIA.—(1) Congress finds that— 
(A) the Director of the OSIA (currently a brigadier general of 
the Army) is appointed by the Secretary of Defense with the 
concurrence of the Secretary of State and the approval of the 
President; 
(B) the Secretary of Defense provides to the Director appro-
priate policy guidance formulated by the interagency arms 
control mechanism established by the President; 
(C) most of the personnel of the OSIA are members of the 
Armed Forces (who are trained and paid by the military depart-
ments within the Department of Defense) eind include linguists, 
weapons specialists, and foreign area specialists; 
(D) the Department of Defense provides the OSIA with 
substantially all of its administrative and logistic support 
(including military air transportation for inspections in the 
Soviet Union and Eastern Europe); and 
(E) the facilities in Europe and the United States at which 
OSIA personnel escort personnel of the Soviet Union conducting 
inspections under the on-site inspection terms of the INF Treaty 
are under the jurisdiction of the Department of Defense (or 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1549 
under the jurisdiction of entities that are contractors with the 
Department of Defense). 
(2) In light of the findings in paragraph (1) and the report submit-
ted pursuant to section 909 of Public LJaw 100-456 entitled "Report 
to the Congress on U.S. Monitoring and Verification Activities 
Related to the INF Treaty" (submitted on July 27, 1989), Congress 
hereby determines that by locating the On-Site Inspection Agency 
within the Department of Defense for the purposes of administrative 
and logistic support and operational guidance, sind integrating on-
site inspection responsibilities under the INF Treaty with existing 
organizational activities of that Department, the President has been 
able to ensure that sensitive national security assets are protected 
and that obligations of the United States under that treaty are 
fulfilled in an efficient and cost-effective manner. 
(C) ESTABUSHMENT OF PERSONNEL DATABASE.—(1) In light of the 
findings in subsection (a), the Director of the On-Site Inspection 
Agency shall establish a database consisting of the names of individ-
uals who could be assigned or detailed (in the case of Government 
personnel) or employed (in the case of non-Government personnel) to 
participate in the conduct of on-site inspections under any future 
arms control treaty or agreement that includes provisions for such 
inspections. 
(2) The database should be composed of the names of individuals 
with skills (including linguistic and technical skills) necessary for 
the conduct of on-site inspections. 
(d) INF TREATY DEFINED.—For purposes of this section, the term 
"INF Treaty" means the Treaty Between the United States and the 
Union of Soviet Socialist Republics on the Elimination of Their 
Intermediate-Range and Shorter-Range Missiles, signed in Washing-
ton, DC, on December 8,1987. 
TITLE XI—DEPARTMENT OF DEFENSE ORGANIZATION 
AND MANAGEMENT MATTERS 
PART A—FORCE STRUCTURE 
SEC. 1101. STUDY OF TOTAL FORCE POLICY, FORCE MIX, AND MILITARY 
FORCE STRUCTURE 
(a) FINDINGS.—(Dongress makes the following Endings: 
(1) Since the inception of the Total Force Policy in the Depart-
ment of Defense in 1973, there has never been a comprehensive, 
authoritative study done by the Department on the operation 
and effectiveness of that policy. 
(2) Decisions within the Department of Defense with respect 
to military force mix appear to be made in a fragmented and 
decentralized manner. 
(3) A comprehensive study of the Total Force Policy, force 
mix, and military force structure is long overdue. 
(b) STUDY.—(1) The Secretary of Defense shall convene a study 
group to review the operation, effectiveness, and soundness of the 
following policies and practices of the Department of Defense and to 
make recommendations to the Secretary for improvement of those 
policies and practices: 
(A) The Total Force Policy. 
(B) Assignment of missions within and between the active and 
reserve components of the armed forces. 
103 STAT. 1550 
PUBLIC LAW 101-189—NOV. 29, 1989 
(O Force structure of the active and reserve components of 
the armed forces. 
(2) The study group shall include— 
(A) senior-level active-duty officers from each branch of the 
armed forces; 
(B) senior-level reserve^omponent officers from each of the 
seven reserve components; 
(Q civilian officials of the Department of Defense; and 
(D) such participants from outside the Department of Defense 
as the Secretary considers appropriate. 
(3) The Chairman of the Joint Qiiefs of Staff shall provide such 
joint staff support to the study group as necessary. He shall partici-
pate in the activities of the study group in accordance with the 
provisions of section 153 of title 10, United States Code, including 
the responsibility to assess the conformance of manpower programs 
and policies with strategic plans and to advise the study group about 
the extent to which program recommendations and budget proposals 
conform with the priorities established in strategic plans and for the 
combatant commands. 
(4) The Secretary shall ensure that the study group, in carrying 
out its duties and responsibilities, has access to federally funded 
research centers (FFRGs) and other necessary support. 
(5) The Secretary of Defense shall consult with the Secretary of 
Transportation with respect to the functions of the study group 
insofar as they relate to the Selected Reserve of the Coast Guard 
Reserve. 
Classified 
(6) Meetings of the study group may be closed to the public in 
information. 
connection with the consideration of classified material. 
(c) MATTERS TO BE CONSIDERED.—(1) In carrying out the study 
required by subsection (a), the study group shall evaluate and make 
recommendations to the Secretary concerning each of the following 
matters (with each such matter to be evaluated separately insofar as 
it relates to each policy or practice set forth in subparagraphs (A) 
through (C) of subsection flbXD): 
(1) With respect to the Total Force Policy of the Department 
of Defense, the basic tenets of that policy, how well that policy 
has been implemented, and what changes (if any) are desirable 
to improve upon that policy and its implementation. 
(2) The effectiveness of the existing chain of management and 
command responsibility in evaluating and integrating force 
requirements among the armed forces, and between the active 
components and the reserve components. 
(3) The extent to which officials responsible for such evalua-
tion and integration of force requirements currently (and 
should in the future) participate in the budget and resource 
allocation processes of the Department of Defense. 
(4) The adequacy of the methodology used by the Department 
of Defense in the assignment of missions between the active and 
reserve components and, within each active and reserve compo-
nent, the assignment of missions among various major types of 
units, including— 
(A) the extent to which that methodology includes the use 
of cost-benefit analyses; and 
(B) the methodology for the manner by which force reduc-
tions are distributed within individual units and between 
active and reserve components. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT, 1551 
(5) The scope and size of force reductions with respect to 
major units (such as air wings, carrier groups, and divisions) 
that would result in an irreversible change of the capability of 
those units to perform assigned missions, with emphasis on 
considerations such as mobilization, loss of skilled manpower, 
equipment, and training, 
(d) ADDITIONAL MATTERS TO BE CONSIDERED.—(1) In carrying out 
its study and making its recommendations, the study group shall 
also evaluate the process by which decisions within the Department 
of Defense respecting force mix and force structure are made with 
regard to the readiness, sustainability, and overall mission capabil-
ity of the active and reserve forces. The study group shall also 
consider whether the Department of Defense has a cogent strategy 
for making such decisions with respect to force mix that anticipates 
a substantially smaller military force structure in the future and 
whether the Department has developed a system for regular and 
systematic top-level evaluation of decisions respecting force mix or 
reductions in force structure. 
(2) In carrying out the evaluation required by paragraph (1), the 
study group shall consider (among other matters it considers appro-
priate) the following: 
(A) The optimal structure of military forces required to meet 
the threat as described in net eissessments prepared pursuant to 
section 153 of title 10, United States Code, taking into account 
currently available and projected budget resources. 
(B) The appropriateness of the missions that have been as-
signed to major units (such as air wings, carrier groups, and 
divisions) in each of the active and reserve components in view 
of the status of those units with respect to personnel and 
equipment resources and training systems. 
(C) The response times for the deployment of such units in the 
^ 
, 
event of a mobilization. 
, 
(D) An evaluation of the readiness and sustainability of each 
of the active and reserve components and of the contributions of 
each such component to the overall military capability of the 
United States. 
(E) The extent to which the active and reserve component 
units that are identified for use during the first 30 days of a 
mobilization are prepared to undertake wartime missions (as 
measured against the standards established by the Ch£drman of 
the Joint Chiefs of Staff in accordance with section 153 of title 
10, United States Code), the reasons for any lack of prepared-
ness for such missions, and recommendations for measures that 
would be necessary for those units to become fully mission 
capable. 
(F) The adequacy of equipment distribution and moderniza-
tion in the active and reserve components, including consider-
ation of the importance of prepositioning of light and heavy 
equipment in the mobilization process. 
(G) The adequacy of the current base of military personnel 
and equipment available for short notice rotation and deploy-
ment in order to meet worldwide defense commitments. 
(H) The capability of each component of the active and re-
serve forces to meet assigned and projected missions at each 
step in the mobilization process and the adequacy of current 
airlift and sealift capability. 
103 STAT. 1552 
PUBLIC LAW 101-189—NOV. 29, 1989 
Reports. 
Reports. 
(I) The resources (including funds) needed for sufficient 
personnel, equipment, and training to achieve desired force 
structure and mission capability in both the active and reserve 
components. 
(J) The capability of the active and reserve components, 
jointly and separately, to respond to mobilization requirements 
at each stage of the mobilization process. 
(d) REPORTS.—(1) The study group shall submit to the Secretary of 
Defense an interim report on its findings and recommendations at 
such time as the Secretary may require, but not later than Septem-
ber 1, 1990. The Secretary shall submit the interim report to the 
Committees on Armed Services of the Senate and the House of 
Representatives not later than September 15,1990. 
(2) The study group shall submit its final report, including its 
findings and recommendations, to the Secretary not later than 
December 1, 1990. The Secretary shall submit the final report of the 
study group, together with any comment and recommendation of 
the Secretary, to those committees not later than December 31, 
1990. 
(e) LIMITATION ON OBLIGATION OF CERTAIN FUNDS IF REPORTS 
SUBMITTED LATE.—If either of the reports required by subsection (d) 
is not submitted to those committees by the date specified in that 
subsection for the report to be submitted, the Secretary of Defense 
may not, on or after that date, obligate any funds for a new contract 
for advisory, consultant, or assistance services until the report is 
submitted. 
SEC. 1102. STUDIES OF CLOSE SUPPORT FOR LAND FORCES 
(a) SECRETARY OF DEFENSE STUDY.—The Secretary of Defense shall 
conduct a study of close support, including close air support. 
Ot)) CONTRACTOR STUDY.—In conducting the study required by 
subsection (a), the Secretary shall provide for a study to be con-
ducted by the Institute for Defense Analysis, a Federal contract 
research center. The Institute shall submit a report to the Secretary 
on such study at such time before March 1, 1990, as the Secretary 
may require. 
(c) JCS STUDY.—The Chairman of the Joint Chiefs of Staff shall 
conduct a study of close support, including close air support. The 
Chairman shall submit a report to the Secretary of Defense on such 
study at such time before March 1, 1990, as the Secretary may 
require. 
(d) STUDIES TO BE INDEPENDENT.—Each study under subsections 
(a), Qy), and (c) shall be conducted independently of the others. 
(e) MATTERS TO BE INCLUDED.—The studies conducted under 
subsections (a), Ot)), and (c) shall include consideration of each of the 
following: 
(1) The nature of the present, and anticipated future, battle-
field across a representative set of conflict levels. 
(2) The requirements of the land force for close support across 
this representative set of conflict levels in terms of targets and 
time, including the lessons of recent combat experience. 
(3) With regard to the battlefields and close support require-
ments identified pursuant to paragraphs (1) and (2), the current 
and anticipated ground and air systems capable of meeting 
these requirements. 
^ 
>, 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1553 
(4) With regard to these major systems, their significant 
characteristics in terms of effectiveness, integration with allies, 
command and control, survivability, and life-cycle cost. 
(5) The implications (in terms of roles and missions) of the 
selection of, or failure to select, each of these major systems as 
part of an appropriate force structure. 
, 
(f) REPORT TO CONGRESS.—The Secretary of Defense shall submit 
to Congress a report on the studies conducted under this section. 
The report shall include— 
(1) the findings, conclusions, and recommendations of the 
Secretary in the study conducted by the Secretary under subsec-
tion (a) wdth respect to each of the matters set forth in subsec-
tion (e); 
(2) copies of the reports to the Secretary under subsections (b) 
and (c), including the findings, conclusions, and recommenda-
tions contained in those reports; and 
(3) such comments on those reports as the Secretary considers 
appropriate. 
(g) TIME FOR SUBMISSION.—The report required under subsection 
(f) shall be submitted not later than March 1,1990. 
(h) CLOSE AIR SUPPORT DEFINED.—For purposes of this section, the 
term "close air support", as defined in Joint Chiefs of Staff Publica-
tion 1, dated June 1, 1987, means air action against hostile targets 
which are in close proximity to friendly forces and which require 
detailed integration of each air mission with the fire and movement 
of those forces. 
SEC. 1103. STRATEGIC AIR DEFENSE ALERT MISSION 
(a) READINESS OF AIR NATIONAL GUARD UNITS.—The Secretary of 
Defense shall ensure that those units of the Air National Guard that 
are assigned to carry out the strategic air defense mission in the 
northern portion of the United States retain the capability to gen-
erate and maintain a readiness posture that meets the needs of all 
operations plans of the North American Aerospace Defense Com-
mand (NORAD). 
0)) FISCAL YEAR 1990 LIMITATION.—During fiscal year 1990, the 
Secretary of Defense may not reduce the man years or flying hours 
of the units described in subsection (a). 
(c) REPORT.—Not later than March 1, 1990, the Secretary of the 
Air Force shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the strategic air 
defense alert mission. The report shall describe the following: 
(1) The rationale and goals for the strategic air defense mod-
ernization program undertaken jointly by the United States and 
Canada. 
(2) The operational requirements of NORAD in crisis and 
wartime for generating and forward deplo3dng air defense 
forces of the Air National Guard based in the northern portion 
; 
of the United States. 
(3) The plans of the Air Force for maintaining the readiness of 
aircraft, flight crews, maintenance personnel, control tower 
personnel, and security forces of the air defense units described 
in subsection (a) to implement NORAD operations plans. 
(4) The plans of the Air Force for transitioning from current 
interceptor aircraft and current peacetime unit alert mission 
and training practices to new aircraft and new unit alert mis-
103 STAT. 1554 
PUBLIC LAW 101-189—NOV. 29, 1989 
sion and training practices, including the effect of such transi-
tion on \init manning levels and combat mission readiness. 
(5) The current ability of the forward operating bases in 
Canada to accommodate forward deployment of air defense 
units on a sustained basis and plans of the Air Force for the 
improvement of such bases. 
(6) The current and planned radars, intercept systems, 
communications systems, and command elements (together 
with deployment schedules for those which are planned) that 
are intended to detect, identify, track, and intercept intruders 
into northern Canadian airspace during peacetime, during peri-
ods of heightened tension, and during hostilities. 
(d) REPEAL.—Section 713 of the National Defense Authorization 
Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1998), is 
repealed. 
SEC. 1104. SENSE OF CONGRESS CONCERNING REASSIGNMENT OF UNITS 
FROM FORT KNOX, KENTUCKY, TO FORT IRWIN, CALIFORNIA 
It is the sense of Congress that any combat unit of battalion or 
squadron size (or larger size) that on the date of the enactment of 
this Act is stationed at Fort Knox, Kentucky, shall not be perma-
nently reassigned to Fort Irwin, California. 
PART B—GEI^^ERAL MANAGEMENT MATTERS 
SEC. 1111. ADDITIONAL FUNDING FOR UNIFIED AND SPECIFIED COMBAT-
ANT COMMANDS FOR FISCAL YEAR 1990 
Of the funds authorized to be appropriated pursuant to section 301 
for the Defense Agencies for fiscal year 1990, $25,000,000 shall be 
available for the establishment of a fund wider the management of 
the Chairman of the Joint Chiefs of Staff for use in response to the 
request of a conunander of a unified or specified combatant com-
mand for additional funding of the following activities: 
(1) Joint exercises (including foreign country participation). 
(2) Force training. 
(3) Ck>ntingencies. 
(4) Selected operations. 
(5) Command and control. 
(6) Military education and training to military and related 
civilian personnel of foreign countries. 
(7) Personnel expenses of defense personnel for bilateral or 
r ^ o n a l cooperation programs. 
SEC. 1112. CORRECTION OF PAY GRADE FOR NEW ASSISTANT SECRETARY 
OF THE AIR FORCE 
Section 5315 of title 5, United States Code, is amended by striking 
out "(3)" after "Assistant Secretaries of the Air Force" and inserting 
in lieu thereof "(4)". 
SEC. 1113. CLARIFICATION OF REQUIREMENT FOR COMPLETION OF FU1.L 
TOUR OF DUTY AS QUALIFICATION FOR SELECTION AS A 
JOINT SPECIALTY OFFICER 
Section 661(c) of title 10, United States Code, is amended by 
striking out "(as described in section 664 (fXD or (fX3) of this title) 
in paragraphs (1)(B) and (3XA) and inserting in lieu thereof "(as 
described in section 664(f) of this title (other than in paragraph (2) 
thereof))". 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1555 
•
> 
PART C—PROFESSIONAL MILITARY EDUCATION 
SEC. 1121. REPORTS RELATING TO COURSES OF INSTRUCTION AT CER-
TAIN PROFESSIONAL MILITARY EDUCATION SCHOOLS AND 
PROFESSIONAL MILITARY EDUCATION REQUIREMENTS FOR 
PROMOTION TO GENERAL OR FLAG GRADE 
(a) SERVICE SECRETARIES REPORTS.—(1) The Secretary of each mili-
tary department shall submit to the Secretary of Defense a report— 
(A) evaluating the principal courses of instruction at each 
intermediate or senior professional military education school 
operated by that department in light of the mission of that 
school; and 
(B) recommending the appropriate duration for those courses 
and the level and courses of professional military education that 
should be required before an officer is selected for promotion to 
the grade of brigadier general or, in the case of the Navy, rear 
admiral (lower half). 
(2) The reports required by paragraph (1) shall be prepared 
independently of the report required by subsection (b) and independ-
ently of each other. 
(3) The reports required by paragraph (1) shall be submitted at 
such time as may be required by the Secretary of Defense. 
(b) SECRETARY OF DEFENSE REPORT.—(1) The Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report— 
(A) containing copies of the reports submitted to the Secretary 
under subsection (a), together with such comments on each 
report as the Secretary considers appropriate; 
(B) evaluating the principal courses of instruction at each 
intermediate or senior professional military education school in 
light of the mission of that school; and 
(C) recommending the appropriate duration for those courses 
' 
and the level and types of professional military education that 
should be required before an officer is selected for promotion to 
the grade of brigadier general or, in the case of the Navy, rear 
admiral Gower half). 
(2) The report required by paragraph (1) shall be submitted not 
later than April 2, 1990. 
(c) OTHER MATTERS TO BE INCLUDED IN REPORTS.—The reports 
required by subsection (a) and subsection O
t
>
) shall include a discus-
sion of the following: 
(1) The implications of establishing by law a minimum length 
of 10 months duration for the principal courses of instruction at 
each intermediate or senior professional military education 
school. 
(2) The implications of requiring by law, beginning January 1, 
1999, that a prerequisite for selection of an officer for promotion 
to the grade of brigadier general or, in the case of the Navy, 
rear admiral (lower half) shall be graduation from an intermedi-
ate professional military education school and a senior profes-
sional military education school. 
(3) The practicability of providing that— 
(A) the promotion eligibility of an officer may not be 
adversely affected by the attendance of the officer at a 
professional military education course of 10 months or more 
103 STAT. 1556 
PUBLIC LAW 101-189—NOV. 29, 1989 
at an intermediate or senior professional military education 
school; and 
:- 
(B) an officer who attends a professional military edu-
cation course of 10 months or more at an intermediate or 
*' 
senior professional military education school shall be enti-
tled to an additional year of service for each such course to 
- 
prevent prejudice when considering the officer for dis-
charge or retirement pursuant to subchapter III of chapter 
36 of title 10, United States Code— 
(i) for failure of selection for promotion; or 
(ii) for years of service, 
(d) INTERMEDIATE OR SENIOR PROFESSIONAL MILITARY EDUCATION 
SCHOOL DEFINED.—For purposes of this section, the term "intermedi-
ate or senior professional military education school" means any of 
the following: 
(1) The Army War College. 
(2) The College of Naval Warfare. 
(3) The Air War College. 
(4) The United States Army Command and General Staff 
College. 
(5) The College of Naval Command and Staff. 
^ 
(6) The Air Command and Staff College. 
(7) The Marine Corps Command and Staff College. 
SEC. 1122. CLARIFICATION REGARDING SCHOOLS THAT ARE JOINT 
PROFESSIONAL MILITARY EDUCATION SCHOOLS FOR PUR-
POSES OF QUALIFICATION OF OFFICERS FOR JOINT SPE-
CIALTY 
Section 661(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
"(4) For purposes of this chapter, a school that is organized within, 
and operated by, a military department may not be construed to be 
a joint professional military education school.". 
SEC. 1123. PROFESSIONAL MILITARY EDUCATION IN JOINT MATTERS 
(a) EXISTING EFFORTS TO IMPROVE PROFESSIONAL MILITARY EDU-
CATION.—(1) The Goldwater-Nichols Department of Defense Reorga-
nization Act of 1986 (Public Law 99-433; 100 Stat. 992) mandated— 
(A) the strengthening of the focus on joint matters in courses 
^ 
of instruction offered by professional military education schools 
operated by the military departments; and 
(B) the maintenance of rigorous standards at joint profes-
sional military education schools for the education of joint 
specialty officers. 
(2) Congress applauds the actions taken since 1986 by the Sec-
retary of Defense and the Chairman of the Joint Chiefs of Staff, 
consistent with such mandate, to improve professional military 
education provided by intermediate and senior professional military 
education schools. 
(b) STATEMENT OF CONGRESSIONAL POUCY.—As part of the efforts 
of the Secretary of Defense to improve professional military edu-
cation. Congress urges, as a matter of policy, and fully expects the 
Secretary to establish the following: 
(1) A coherent and comprehensive framework for the edu-
cation of officers, including officers nominated for the joint 
specialty. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1557 
(2) A two-phase approach to strengthening the focus on joint 
matters, as follows: 
(A) Phase I instruction consisting of a joint curriculum, in 
addition to the principal curriculum taught to all officers at 
service-operated professional military education schools. 
(B) Phase II instruction consisting of a follow-on, solely 
joint curriculum taught at the Armed Forces Staff College 
to officers who are expected to be selected for the joint 
specialty. The curriculum should emphasize 
multiple 
"hands on" exercises and must adequately prepare students 
to perform effectively from the outset in what will probably 
be their first exposure to a totally new environment, an 
assignment to a joint, multiservice organization. Phase II 
instruction should be structured so that students progress 
from a basic knowledge of joint matters learned in Phase I 
to the level of expertise necessary for successful perform-
ance in the joint arena. 
(3) A sequenced approach to joint education in which the 
norm would require an officer to complete Phase I instruction 
before proceeding to Phase II instruction. An exception to the 
normal sequence should be granted by the Chairman of the 
Joint Chiefs of Staff only on a case-by-case basis for compelling 
cause. Officers selected to receive such an exception should be 
- 
required to demonstrate a basic knowledge of joint matters and 
other aspects of the Phase I curriculum that qualifies them to 
meet the minimum requirements established for entry into 
Phase II instruction without first completing Phase I instruc-
tion. The number of officers selected to attend an offering of the 
principal course of instruction at the Armed Forces Staff Col-
lege who have not completed Phase I instruction should com-
prise only a small portion of the total number of officers 
selected. 
(c) DURATION OF PRINCIPAL COURSE OF INSTRUCTION AT THE ARMED 
FORCES STAFF COLLEGE.—(1) Section 663 of title 10, United States 
Code, is amended by adding at the end the following new subsection: 
"(e) DURATION OF PRINCIPAL COURSE OF INSTRUCTION AT ARMED 
FORCES STAFF COLLEGE.—The duration of the principal course of 
instruction offered at the Armed Forces Staff College may not be 
less than three months.". 
(2) Subsection (e) of such section, as added by parsigraph (1), shall 
be implemented by the Secretary of Defense not later than two 
years after the date of the enactment of this Act. 
(d) INFORMATION REGARDING STUDENTS ATTENDING THE ARMED 
FORCES STAFF COLLEGE.—Section 667 of such title is amended— 
(1) by redesignating paragraph (17) as paragraph (18); and 
(2) by inserting after paragraph (16) the following new para-
graph: 
"(17) With regard to each time the principal course of instruc-
tion at the Armed Forces Staff (DoUege is offered— 
"(A) the number of officers selected to attend that course 
who did not first complete while in residence at a profes-
sional military education school operated by a military 
department the principal course of instruction offered at 
that school; 
"(B) the number of those officers as a percentage of all 
officers who attended that course of instruction at the 
Armed Forces Staff College; 
103 STAT. 1558 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(C) a description of the different reasons why officers 
were selected to attend that course without first attending 
i*. 
the principal course of instruction offered at a professionsd 
military education school operated by a militiary depart-
ment; and 
i.r 
"(D) the number of officers so selected for each such 
reason.", 
(e) JOINT MATTERS DEFINED.—For purposes of this section, the 
term "joint matters" has the meaning given to that term in section 
668(a) of title 10, United States Code. 
SEC. 1124. EMPLOYMENT OF CIVILIAN FACULTY MEMBERS AT PROFES-
SIONAL MILITARY EDUCATION SCHOOLS 
(a) NATIONAL DEFENSE UNIVERSITY.—(1) Chapter 81 of title 10, 
United States (Dode, is amended by adding after section 1594 (as 
added by section 664(b)) the following new section: 
"§ 1595. National Defense University: civilian faculty members 
"(a) AUTHORITY OF SECRETARY.—The Secretary of Defense may 
employ as many civilians as professors, instructors, and lecturers at 
the National Defense University as the Secretary considers nec-
essary. 
"(b) COMPENSATION OF FACULTY MEMBERS.—The Compensation of 
persons employed under this section shall be as prescribed by the 
Secretary. 
"(c) APPLICATION TO CERTAIN FACULTY MEMBERS.—This section 
shall apply with respect to persons who are selected by the Sec-
retary for employment as professors, instructors, and lecturers at 
the National Defense University after the end of the 90-day period 
"^ 
beginning on the date of the enactment of this section. 
"(d) NATIONAL DEFENSE UNIVERSITY DEFINED.—In this section, the 
term 'National Defense University' includes the National War (Col-
lege, the Armed Forces Staff CloUege, and the Industrial CJollege of 
the Armed Forces.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 1594 (as added 
by section 664(b)) the following new item: 
"1595. National Defense University: civilian faculty members.". 
(b) ARMY WAR C!OLLEGE AND UNITED STATES ARMY COMMAND AND 
GENERAL STAFF (DOLLEGE.—(1) Chapter 373 of title 10, United States 
Code, is amended by inserting after the table of sections the follow-
ing new section: 
"§ 4021. Army War College and United States Army Command and 
General Staff College: civilian faculty members 
"(a) AUTHORITY OF SECRETARY.—The Secretary of the Army may 
employ as many civilians as professors, instructors, and lecturers at 
the Army War (DoUege or the United States Army (Dommand and 
General Staff (DoUege as the Secretary considers necessary. 
"Ob) COMPENSATION OF FACULTY MEMBERS.—The compensation of 
persons employed under this section shall be as prescribed by the 
Secretary. 
—
^ 
"(c) APPLICATION TO CERTAIN FACULTY MEMBERS.—(1) Except as 
provided in paragraph (2), this section shall apply with respect to 
persons who are selected by the Secretary for employment as profes-
sors, instructors, and lecturers at the Army War (Dollege or the 
United States Army (Dommand and General Staff College sifter the 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1559 
end of the 90-day period beginning on the date of the enactment of 
this section. 
"(2) This section shall not apply with respect to professors, instruc-
tors, and lecturers employed at the Army War College or the United 
States Army Command and General Staff College if the duration of 
the principal course of instruction offered at the college involved is 
less than 10 months.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting before the item relating to section 4024 the 
following new item: 
"4021. Army War Ck>llege and United States Army Command and General Staff 
Collie: civilian faculty members.". 
(c) NAVAL WAR COIXSGE AND MARINE CORPS COMMAND AND STAFF 
COLLEGE.—(l)Section7478of title 10, United States Code, is amended 
to read as follows: 
*
*
§ 7478. Naval War College and Marine Corps Command and Staff 
College: civilian faculty members 
"(a) AUTHORITY OF SECRETARY.—The Secretary of the Navy may 
employ as many civilians as professors, instructors, and lecturers at 
a school of the Naval War College or at the Marine Corps Command 
and Staff Collie as the Secretary considers necessary. 
"flb) COMPENSATION OF FACULTY MEMBERS.—The compensation of 
persons employed under this section shall be as prescribed by the 
Secretary. 
"(c) APPLICATION TO CERTAIN FACULTY MEMBERS.—This section 
shall not apply with respect to professors, instructors, and lecturers 
employed at a school of the Naval War College or at the Marine 
Corps Command and Staff College if the duration of the principal 
course of instruction offered at the school or college involved is less 
than 10 months.". 
(2) The item relating to such section in the table of sections at the 
b^inning of chapter 643 of such title is amended to read as follows: 
"7478. Naval War Ck>llege and Marine Corps Command and Staff College: civilian 
facility members.". 
(d) AIR UNIVERSITY.—(1) Chapter 873 of title 10, United States 
Code, is amended by inserting after the table of sections the follow-
ing new section: 
"§ 9021. Air University: civilian faculty members 
"(a) AUTHORITY OF SECRETARY.—The Secretary of the Air Force 
may employ as many civilians as professors, instructors, and lectur-
ers at a school of the Air University as the Secretary considers 
necessary. 
"(b) COMPENSATION OF FACULTY MEMBERS.—The compensation of 
persons employed under this section shall be as prescribed by the 
Secretary. 
"(c) APPLICATION TO CERTAIN FACULTY MEMBERS.—(1) Except as 
provided in paragraph (2), this section shall apply with respect to 
persons who are selected by the Secretary for emplojnnent as profes-
sors, instructors, and lecturers at a school of the Air University 
after the end of the 90-day period beginning on the date of the 
enactment of this section. 
"(2) This section shall not apply with respect to professors, instruc-
tors, and lecturers employed at a school of the Air University if the 
103 STAT. 1560 
PUBLIC LAW 101-189—NOV. 29, 1989 
duration of the principal course of instruction offered at that school 
is less than 10 months.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting before the item relating to section 9025 the 
following new item: 
"9021. Air University: civilian faculty members.". 
(e) CONFORMING AMENDMENTS.—Section 5102(cX10) of title 5, 
United States Code, is amended— 
(1) by inserting after "(10)" the following: "civilian professors, 
instructors, and lecturers at a professional military education 
school whose pay is fixed under section 1595, 4021, 7478, or 9021 
of title 10;"; 
(2) by striking out "the Naval War College and"; and 
(3) by striking out "sections 6952 and 7478" and inserting in 
lieu thereof "section 6952". 
PART D—CONTRACTING OUT 
SEC. 1131. ONE-YEAR EXTENSION OF AUTHORITY OF BASE COMMANDERS 
OVER CONTRACTING FOR COMMERCIAL ACTIVITIES 
(a) IN GENERAL.—(1) Chapter 146 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 2468. Military installations: authority of base commanders over 
contracting for commercial activities 
"(a) AUTHORITY OF BASE COMMANDER.—The Secretary of Defense 
shall direct that the commander of each military installation shall 
have the authority and the responsibility to enter into contracts in 
accordance with this section for the performance of a commercial 
activity on the military installation. 
"(b) YEARLY DUTIES OF BASE COMMANDER.—To enter into a con-
tract under subsection (a) for a fiscal year, the commander of a 
military installation shall— 
' (1) prepare an inventory for that fiscal year of commercial 
activities carried out by Government personnel on the military 
installation; 
"(2) decide which commercial activities shall be reviewed 
under the procedures and requirements of Office of Manage-
ment and Budget Circular A-76 (or any successor administra-
tive regulation or policy); and 
"(3) conduct a solicitation for contracts for the performance of 
those commercial activities selected for conversion to contractor 
performance under the Circular A-76 process. 
Regulations. 
"(c) LIMITATIONS.—(1) The Secretary of Defense shall prescribe 
regulations under which the commander of each military installa-
tion may exercise the authority and responsibility provided under 
subsection (a). 
"(2) The authority and responsibility provided under subsection (a) 
are subject to the authority, direction, and control of the Secretary. 
"(d) ASSISTANCE TO DISPLACED EMPLOYEES.—If the commander of a 
military installation enters into a contract under subsection (a), the 
commander shall, to the maximum extent practicable, assist in 
finding suitable employment for any employee of the Department of 
Defense who is displaced because of that contract. 
"(e) MILITARY INSTALLATION DEFINED.—In this section, the term 
'military installation' means a base, camp, post, station, yard. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1561 
center, or other activity under the jurisdiction of the Secretary of a 
military department which is located within the United States, the 
Commonwealth of Puerto Rico, or Guam. 
"(f) TERMINATION OF AUTHORITY.—The authority provided to 
commanders of military installations by subsection (a) shall termi-
nate on September 30,1990.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2468. Military installations: authority of base commanders over contracting for 
commercial activities.". 
(b) EFFECTIVE DATE.—Section 2468 of title 10, United States Code 
(as added by subsection (a)), shall take effect as of October 1, 1989. 
SEC 1132. EXCEPTION FROM COST COMPARISON PROCEDURES FOR PUR-
CHASE OF PRODUCTS AND SERVICES OF THE BLIND AND 
OTHER SEVERELY HANDICAPPED INDIVIDUALS 
Section 2461 of title 10, United States Code, is amended— 
(1) by redesignating subsections (e) and (f) as subsections (f) 
and (g), respectively; and 
(2) by inserting after subsection (d) the following new subsec-
tion: 
"(e) WAIVER FOR THE PURCHASE OF PRODUCTS AND SERVICES OF THE 
BLIND AND OTHER SEVERELY HANDICAPPED PERSONS.—Subsections (a) 
through (c) shall not apply to a commercial or industrial type 
function of the Department of Defense that— 
"(1) is included on the procurement list established pursuant 
to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly 
referred to as the Wagner-O'Day Act; or 
"(2) is planned to be converted to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency 
for other severely handicapped persons in accordance with that 
Act.". 
SEC. 1133. COMMERCIAL ACTIVITIES STUDY FOR BASE SUPPORT OPER- 
Indiana. 
ATIONS AT FORT BENJAMIN HARRISON 
(a) STUDY REQUIRED.—Commercial activities carried out by 
Government personnel at Fort Benjamin Harrison, Indiana, may 
not be converted to performance by private contractor under the 
procedures and requirements of Office of Management and Budget 
(Circular A-76 (or any successor administrative regulation or policy) 
until the Secretary of the Army completes a new commercial activi-
ties study for the military installation. 
(b) (DoNTENT OF STUDY.—The commercial activities study referred 
to in subsection (a) shaU include— 
(1) work-load data through Hscal year 1989; and 
(2) sufficient 
data r^arding the commercial 
activities 
examined for possible conversion to performance by private 
contractor to permit the use of fixed-price contracts for those 
commercial activities selected for conversion. 
SEC. 1134. EVALUATION AND REPORT ON COMMERCIAL ACTIVITIES 
STUDY AT THE NIAGARA FALLS AIR FORCE RESERVE BASE 
(a) EVALUATION AND REPORT REQUIRED.—Commercial activities 
carried out by Government personnel at the Niagara Falls Air Force 
Reserve Base, New York, may not be converted to performance by 
private contractor under the procedures and requirements of Office 
of Management and Budget Circular A-76 (or any successor 
103 STAT. 1562 
PUBLIC LAW 101-189—NOV. 29, 1989 
administrative r^ulation or policy) until completion of the 
following: 
(1) The Comptroller Greneral of the United States— 
(A) evaluates the accuracy of the most recently completed 
commercial activities study for the Niagara Falls Air Force 
Reserve Base, including an analysis of comparable situa-
tions at other military installations in the United States; 
and 
(B) submits to the Secretary of the Air Force a report 
describing the results of such evaluation. 
(2) The Secretary of the Air Force submits to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing— 
(A) a copy of the report submitted by the Comptroller 
General; 
(B) such comments on the report as the Secretary consid-
ers appropriate; and 
(C) a determination by the Secretary regarding the desir-
ability of converting commercial activities at the Niagara 
Falls Air Force Reserve Base to performance by private 
contractor. 
(b) DEADLINE FOR SUBMISSION OF REPORT.—The report required by 
subsection (aX2) shall be submitted not later than 60 days after the 
date of the enactment of this Act. 
TITLE XII—MILITARY DRUG INTERDICTION AND 
COUNTER-DRUG ACTIVITIES 
SEC. 1201. FUNDING FOR MILITARY DRUG INTERDICTION AND COUNTER-
DRUG ACTIVITIES 
(a) IN GENERAL.—(1) Of the amounts appropriated pursuant to this 
Act for the Department of Defense for fiscal year 1990, not more 
than $450,000,000 shall be available from the sources and in the 
amounts specified in paragraph (2) for carrying out the drug inter-
diction and counter-drug activities provided for in this title. 
(2) The amounts and sources referred to in paragraph (1) are as 
follows: 
(A) $182,000,000 of the amounts appropriated pursusint to title 
I for fiscal year 1990. 
CB) $28,000,000 of the amounts appropriated pursuant to title 
II for fiscal year 1990. 
(O $235,000,000 of the amounts appropriated pursuant to title 
m for fiscal year 1990. 
(D) $5,000,000 of the amounts appropriated pursuant to divi-
sion B for land acquisition and construction. 
Ob) OPERATIONS OF THE DEPARTMENT OF DEFENSE.—Of the amount 
made available under subsection (a), $284,000,000 shall be available 
to carry out the mission of the Department of Defense relating to 
drug interdiction and counter-drug activities (other than purposes 
specified in subsections (c) through (g)). 
(c) NATIONAL GUARD.—Of the amount made available under 
subsection (a), $70,000,000 shall be available to provide funds under 
section 1207 for the purpose of drug interdiction by, and counter-
drug activities of, the National Guard. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1563 
(d) INTEGRATION OF C3I ASSETS.—Of the amount made available 
under subsection (a), $27,000,000 shall be available to carry out the 
activities of the Department of Defense under section 1204. 
(e) RESEARCH AND DEVELOPMENT.—Of the amount made available 
under subsection (a), $28,000,000 shall be available to carry out 
research and development activities referred to in section 1205. 
(f) CIVIL AIR PATROL.—Of the amount made available under 
subsection (a), $1,000,000 shall be available to support Civil Air 
Patrol activities under section 1209. 
(g) OTHER ASSISTANCE.—Of the amount made available under 
subsection (a), $40,000,000 shall be available to carry out the author-
ity of the Secretary under section 1212 to provide additional counter-
drug support to civilian agencies. 
SEC. 1202. DEPARTMENT OF DEFENSE AS LEAD AGENCY FOR THE DETEC- 
* ^ 
TION AND MONITORING OF AERIAL AND MARITIME TRANSIT 
OF ILLEGAL DRUGS 
(a) FUNCTION OF DEPARTMENT OF DEFENSE.—(1) Chapter 3 of title 
10, United States Code, is amended by inserting after section 123 the 
following new section: 
"§ 124. Detection and monitoring of aerial and maritime transit of 
illegal drugs: Department of Defense to be lead agency 
"(a) LEAD AGENCY.—The Department of Defense shall serve as the 
single lead agency of the Federal Government for the detection and 
monitoring of aerial and maritime transit of illegal drugs into the 
United States. 
"(b) PERFORMANCE OF DETECTION AND MONITORING FUNCTION.—(1) 
To carry out subsection (a). Department of Defense personnel may 
operate equipment of the Department to intercept a vessel or an 
aircraft detected outside the land area of the United States for the 
purposes o
f
— 
"(A) identifying and communicating with that vessel or air-
craft; and 
"(B) directing that vessel or aircraft to go to a location 
designated by appropriate civilian officials. 
"(2) In cases in which a vessel or an aircraft is detected outside the 
land area of the United States, Department of Defense personnel 
may begin or continue pursuit of that vessel or aircraft over the 
land area of the United States. 
"(c) UNITED STATES DEFINED.—In this section, the term 'United 
States' means the land area of the several States and any territory, 
commonwealth, or possession of the United States.". 
(2) The table of sections of such chapter is amended by inserting 
after the item relating to section 123 the following new item: 
"124. Detection and monitoring of aerial and maritime transit of illegal drugs: 
Department of Defense to be lead agency.". 
O
t
>
) CONFORMING REPEAL.—Section 1102 of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 
2042), is repealed. 
lO use 113 note. 
SEC. 1203. BUDGET PROPOSALS RELATING TO DRUG INTERDICTION AND 
COUNTER-DRUG ACTIVITIES 
The budget of the United States Government submitted to Con-
gress under section 1105 of title 31, United States Code, for fiscal 
years 1991 and 1992 shall set forth separately the amount requested 
for the mission of the Department of Defense related to drug 
103 STAT. 1564 
PUBLIC LAW 101-189—NOV. 29, 1989 
interdiction and counter-drug activities in support of civilian 
agencies. 
10 u s e 124 note. 
SEC. 1204. COMMUNICATIONS NETWORK 
(a) INTEGRATION OP NETWORK.—(1) The Secretary of Defense shall 
integrate into an effective communications network the command, 
control, communications, and technical intelligence assets of the 
United States that are dedicated (in whole or in part) to the interdic-
tion of illegal drugs into the United States. 
(2) The Secretary shall carry out this subsection in consultation 
with the Director of National Drug Control Policy. 
(b) CONFORMING REPEAL.—Section 1103 of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 
10 use 374 note. 
2042), is repealed. 
10 u s e 124 note. 
SEC. 1205. RESEARCH AND DEVELOPMENT 
The Secretary of Defense shall ensure that adequate research and 
development activities of the Department of Defense, including 
research and development activities of the Defense Advanced Re-
search Projects Agency, are devoted to technologies designed to 
improve— 
(1) the ability of the Department to carry out the detection 
£ind monitoring function of the Department under section 124 of 
title 10, United States (Dode, as added by section 1202; and 
(2) the ability to detect illicit drugs and other dangerous and 
illegal substances that are concealed in cont£dners. 
10 u s e 124 note. 
SEC. 1206. TRAINING EXERCISES IN DRUG-INTERDICTION AREAS 
(a) EXERCISES REQUIRED.—The Secretary of Defense shall direct 
that the armed forces, to the maximum extent practicable, shall 
conduct military training exercises (including training exercises 
conducted by the reserve components) in drug-interdiction areas. 
(b) REPORT.—(1) Not later than February 1 of 1991 and 1992, the 
Secretary shall submit to (Dongress a report on the implementation 
of subsection (a) during the preceding fiscal year. 
(2) The report shall include— 
(A) a description of the exercises conducted in drug-interdic-
tion areas and the effectiveness of those exercises in the na-
tional counter-drug effort; and 
(6) a description of those additional actions that could be 
taken (and an assessment of the results of those actions) if 
additional funds were made available to the Department of 
r f 
Defense for additional military training exercises in drug-inter-
ft 
diction areas for the purpose of enhancing interdiction and 
deterrence of drug smuggling. 
(c) DRUG-INTERDICTION AREAS DEFINED.—For purposes of this sec-
tion, the term "drug-interdiction areas" includes land and sea areas 
in which, as determined by the Secretary, the smuggling of drugs 
into the United States occurs or is believed by the Secretary to have 
occurred. 
SEC. 1207. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF THE 
NATIONAL GUARD 
(a) ASSISTANCE AUTHORIZED.—(1) (Hhapter 1 of title 32, United 
States Code, is amended by adding at the end the following new 
section: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1565 
"§ 112. Drug interdiction and counter-drug activities 
"(a) FUNDING ASSISTANCE.—The Secretary of Defense may provide 
to the Governor of a State who submits a plan to the Secretary 
under subsection (b) sufficient funds for— 
"(1) the pay, allowances, clothing, subsistence, gratuities, 
travel, eind related expenses of personnel of the National Guard 
of that State used for— 
"(A) the purpose of drug interdiction and counter-drug 
activities; and 
^ 
"(B) the operation and maintenance of the equipment and 
facilities of the National Guard of that State used for that 
purpose; and 
"(2) the procurement of services and leasing of equipment for 
the National Guard of that State used for the purpose of drug 
interdiction and counter-drug activities. 
"(b) PLAN REQUIREMENTS.—A plan referred to in subsection (a) 
shall— 
"(1) specify how personnel of the National Guard of that State 
are to be used in drug interdiction and counter-drug activities; 
"(2) certify that those operations are to be conducted at a time 
when the personnel involved are not in Federal service; and 
"(3) certify that participation by National Guard personnel in 
those operations is service in addition to annued training re-
quired under section 502 of this title. 
"(c) EXAMINATION OP PLAN.—(1) Before funds are provided to the 
Governor of a State under this section, the Secretary of Defense 
shall examine the adequacy of the plan submitted by the Governor 
under subsection (b). 
"(2) Except as provided in paragraph (3), the Secretary shall carry 
out paragraph (1) in consultation with— 
"(A) the Attorney General of the United States in the C£ise of 
a plan submitted for fiscal year 1990; and 
"(B) the Director of National Drug Control Policy in the case 
of a plan submitted for subsequent fiscal years. 
"(3) Paragraph (2) shall not apply i
f
— 
"(A) the Governor of a State submits a plan under subsection 
(b) that is substantially the same as a plan submitted for that 
State for a previous fiscal year; and 
"(B) funds were provided to the State pursuant to such plan. 
"(d) STATUTORY CONSTRUCTION.—Nothing in this section shall be 
construed as a limitation on the authority of any unit of the 
National Guard of a State, when such unit is not in Federal service, 
to perform law enforcement functions authorized to be performed by 
the National Guard by the laws of the State concerned. 
"(e) EXCLUSION FROM END-STRENGTH COMPUTATION.—(1) Members 
of the National Guard on active duty or full-time National Guard 
duty for the purposes of administering this section shall not be 
counted toward the annual end strength authorized for reserves on 
active duty in support of the reserve components of the armed forces 
or toward the strengths authorized in sections 517 and 524 of 
title 10. 
"(2) The Secretary of Defense shall submit to the Committees on Reports. 
Armed Services of the Senate and House of Representatives an 
annual report specifjring for the period covered by the report the 
number of members of the National Guard excluded under para-
graph (1) from the computation of end strengths. 
103 STAT. 1566 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(f) DjfyiJNiTiONS.—For purposes of this section: 
"(1) The term 'counter-dirug activities' includes the use of 
National Guard personnel, wlule not in Federal service, in any 
law enforcement activities authorized by State and local law 
and requested by the Governor. 
"(2) The term 'Governor of a State' means, in the case of the 
District of Columbia, the Commanding General of the National 
Guard of the District of Columbia. 
"(3) The term 'State' means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, or a 
territory or possession of the United States.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the foUowing new item: 
"112. Drug interdiction and counter-drug activities.". 
(b) CONFORMING REPEAL.—Section 1105 of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 
10 use 374 note. 
2047), is repealed. 
10 u s e 372 note. 
SEC 1208. TRANSFER OF EXCESS PERSONAL PROPERTY 
(a) TRANSFER AUTHORIZED.—(1) Notwithstanding any other provi-
sion of law and subject to subsection (b), the Secretary of Defense 
may transfer to Federal and State agencies personal property of the 
Department of Defense, including small arms and ammunition, that 
the Secretary determines is— 
(A) suitable for use by such agencies in counter-drug activi-
ties; and 
(B) excess to the needs of the Department of Defense. 
(2) Personal property transferred under this section may be trans-
ferred without cost to the recipient agency. 
(3) The Secretary shall cany out this section in consultation with 
the Attorney General and the Director of National Drug Control 
Policy. 
(b) CONDITIONS FOR TRANSFER.—The Secretary may transfer per-
sonal property under this section only if— 
(1) the property is drawn from existing stocks of the Depart-
ment of Defense; and 
(2) the transfer is made without the expenditure of any funds 
available to the Department of Defense for the procurement of 
defense equipment. 
(c) APPLICATION.—The authority of the Secretary to transfer per-
sonal property under this section shall expire on September 30, 
1992. 
, 
. 
SEC 1209. CIVIL AIR PATROL 
To the extent funds are available under section 1201(f), the Sec-
retary of Defense shall pay for expenses incurred by the Civil Air 
Patrol in conducting drug surveillance flights. 
SEC. 1210. OPERATION OF EQUIPMENT USED TO TRANSPORT CIVILIAN 
LAW ENFORCEMENT PERSONNEL 
Section 374(bX2)(E) of title 10, United States Code, is amended by 
striking out ", liie Attorney General" and all that follows through 
"outside the land area of the United States" and inserting in lieu 
thereof "and the Attorney General (and the Secretary of State in the 
case of a law enforcement operation outside of the land area of the 
United States)". 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1567 
SEC. 1211. RESTRICTION ON DIRECT PARTICIPATION BY MILITARY 
PERSONNEL 
Section 375 of title 10, United States Code, is amended— 
(1) by striking out "the provision of any support" and insert-
ing in lieu thereof "any activity"; 
(2) by striking out 'TO any civilian law enforcement official"; 
and 
(3) by striking out "a search and seizure, an arrest," and 
inserting in lieu thereof "a search, seizure, arrest,". 
SEC. 1212. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES 
At the request of the head of a Federal agency with counter-drug 
responsibilities, the Secretary of Defense during fiscal year 1990 
may provide support for the counter-drug activities of that agency £is 
follows: 
(1) Maintenance and repair of equipment that has been made 
available by the Department of Defense under chapter 18 of 
title 10, United States Code, in order to preserve the potential 
future utility of such equipment to the Department of Defense. 
(2) Transportation of personnel, supplies, and equipment for 
purposes of facilitating a counter-drug operation. 
(3) Establishment and operation of a base of operations for 
purposes of facilitating a counter-drug operation. 
(4) Loan of Nationsd Guard equipment, subject to such mini-
mum standards of care and maintenance and such minimum 
training and proficiency requirements for persons who are to 
use such equipment as the Secretary considers appropriate. 
(5) Training of personnel. 
SEC. 1213. REPORTS 
(a) BY THE PRESIDENT.—Not later than April 1,1990, the President 
President of U.S. 
shall submit to Congress a report— 
(1) describing the progress made on implementation of the 
plan required by section 1103 of the National 
Defense 
Authorization Act, Fiscal Year 1989 (10 U.S.C. 374 note); 
(2) containing an analysis of the feasibility of establishing a 
National Drug Operations Center for the integration, coordina-
tion, and control of all drug interdiction operations; and 
(3) describing how intelligence activities relating to narcotics 
trafficking can be integrated, including— 
(A) coordinating the collection and analysis of intel-
ligence information; 
(B) ensuring the dissemination of relevant intelligence 
information to officials with responsibility for narcotics 
policy and to agencies responsible for interdiction, eradi-
cation, law enforcement, and other counter-drug activities; 
and 
(C) coordinating and controlling all intelligence activities 
relating to counter-drug activities. 
Oi) BY THE SECRETARY OF DEFENSE.—(1) Not later than February 1, 
1990, the Secretary of Defense shall submit a report to Congress— 
(A) on the specific drug-related research and development 
projects to be funded, and the planned allocation of funding for 
such projects, under section 1205; 
(B) on the feasibility of detailing ofQcers in the Judge Advo-
cate General's Corps of the military departments to the Depart-
ment of Justice to assist in the prosecution of drug cases in 
103 STAT. 1568 
PUBLIC LAW 101-189—NOV. 29, 1989 
areas in which there is a lack of sufficient prosecutorial 
resources; 
(C) on the feasibility of increasing the use of the resources and 
personnel of the Special Operations Command in drug interdic-
tion and counter-drug activities; and 
(D) on the desirability and feasibility of assigning active-duty 
members of the Armed Forces, at the request of the Secretary of 
the Treasury and with the approval of the Secretary of Defense, 
to assist the United States Customs Service in the inspection of 
cargo, vehicles, vessels, and aircraft at points of entry into the 
United States. 
In preparing the report required by this paragraph, the Secretary 
shall consult with the Director of National Drug Control Policy and 
other appropriate heads of agencies. 
(2) Not later than April 1, 1990, the Secretary of Defense shall 
submit a report to Congress on— 
(A) the feasibility of establishing aerial and maritime naviga-
tional corridors by which civilian aircraft and vessels may 
travel through drug interdiction areeis, as defined in section 
1206(c); 
(B) the feasibility of requiring the submission of navigational 
plans for all civilian aircraft and vessels that will travel in such 
areas; and 
(C) the funding considered necessary to implement a plan to 
carry out the matters referred to in subparagraphs (A) and (B). 
In preparing the report required by this paragraph, the Secretary 
shall consult with the Secretary of Transportation and the Director 
of National Drug Control Policy. 
(3) Not later than February 1 of 1990 and 1991, the Secretary of 
Defense shall submit to Congress a report on the drug interdiction 
and counter-drug activities of the Department of Defense under 
chapter 18, United States Code, and other applicable provisions of 
law during the preceding fiscal year. The report shall include— 
(A) specific information as to the size, scope, and results of 
Department of Defense drug interdiction operations; 
(B) specific information on the nature and terms of inter-
agency agreements with other agencies relating to drug inter-
diction; and 
(C) any recommendations for additional legislation that the 
Secretary determines would assist in furthering the ability of 
the Department to perform its mission under that chapter or to 
assist other agencies. 
SEC. 1214. SENSE OF CONGRESS ON NATIONAL NARCOTICS BORDER 
INTERDICTION SYSTEM 
(a) FINDINGS.—Congress finds the following: 
(1) The Anti-Drug Abuse Act of 1988 (Public Law 100-690) 
terminated the National Narcotics Border Interdiction System 
(NNBIS). 
(2) The National Narcotics Border Interdiction System pro-
vided valuable information and support to State and local law 
enforcement agencies involved in drug interdiction activities. 
(b) SENSE OF dbNGRESS.—In light of the findings specified in 
subsection (a), it is the sense of Congress that the cooperation that 
existed between State and local law enforcement officials and the 
Federal agencies participating in the National Narcotics Border 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1569 
Interdiction System should, to the extent possible, be continued and 
enhanced by the President. 
SEC 1215. COOPERATIVE EFFORTS AGAINST ILLEGAL DRUGS 
(a) AMENDMENT TO THE CONTEOLLED SUBSTANCES ACT.—Section 
511(eX3XB) of the Controlled Substances Act (21 U.S.C. 881(eX3XB)), 
as a d d ^ by section 6077(a) of the Asset Forfeiture Amendments Act 
of 1988 (PubUc Law 100-690; 102 Stat. 4324), is amended to read as 
follows: 
"(B) will serve to encourage further cooperation between the 
recipient State or local agency and Federal law enforcement 
agencies.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 21USC 881 note. 
shall take effect as of October 1,1989. 
SEC. 1216. TECHNICAL AND CLERICAL AMENDMENTS RELATING TO MILI-
TARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES 
(a) CHAPTER DESIGNATION.—The chapter following chapter 17 of 
title 10, United States Code (relating to military support for civilian 
law enforcement agencies), is redesignated as chapter 18. 
(b) REFERENCE TO TARIFF SCHEDULES.—Section 374(bX4) of such 
title is amended by striking out "general headnote 2 of the Tariff 
Schedules of the United States" in subpars^aph (AXiii) and insert-
ing in lieu thereof "general note 2 of the Harmonized Tariff Sched-
ule of the United States". 
(c) CROSS-REFERENCE AMENDMENT.—Section 374(c) of such title is 
amended by striking out "paragraph (2)" and inserting in lieu 
thereof "subsection Ot)X2)". 
TITLE XIII—MILITARY APPELLATE PROCEDURES 
SEC. 1301. COURT OF MILITARY APPEALS 
(a) REVIEW BY THE COURT UNDER ARTICLE 67.—Section 867 (article 
67) of title 10, United States Code, is amended— 
(1) by striking out subsections (a), (g), (h), and (i); and 
(2) by redesignating subsections (b), (c), (d), (e), and (f) as 
subsections (a), (b), (c), (d), and (e) respectively. 
(b) RESTATEMENT OF CE»TIORARI PROVISION.—Subchapter IX of 
chapter 47 of title 10, United States Code, is amended by inserting 
after section 867 (article 67) the following new section (article): 
"§ 867a. Art 67a. Review by the Supreme Court 
"(a) Decisions of the United States Court of Military Ap}>eals are 
subject to review by the Supreme Court by writ of certiorari as 
provided in section 1259 of title 28. The Supreme CJourt may not 
review by a writ of certiorari under this section any action of the 
Court of Military Appeals in refusing to grant a petition for review. 
"(b) The accused may petition the Supreme Court for a writ of 
certiorari without prepayment of fees and costs or security therefor 
and without filing the affidavit required by section 1915(a) of title 
28.". 
(c) RESTATEMENT AND REVISION OF COMA CHARTER.—CJhapter 47 
of such title is amended by adding at the end the following new 
subchapter: 
103 STAT. 1570 
PUBLIC LAW 101-189—NOV. 29, 1989 
"SUBCHAPTER XI—COURT OF MILITARY APPEALS 
"Sec. Art. 
"941. 141. Status. 
"942. 142. Judges. 
"943. 143. Organization and employees. 
"944. 144. Procedure. 
"945. 145. Annuities for judges and survivors. 
"946. 146. Code committee. 
"§ 941. Art. 141. Status 
"There is a court of record known as the United States Court of 
Military Appeals. The court is established under article I of the 
Constitution. The court is located for administrative purposes only 
in the Department of Defense. 
"§ 942. Art. 142. Judges 
"(a) NUMBER.—The United States Court of Military Appeals con-
sists of five judges. 
"(b) APPOINTMENT; QUAUFICATION.—(1) Each judge of the court 
shall be appointed from civil life by the President, by and with the 
advice and consent of the Senate, for a specified term determined 
under paragraph (2). A judge may serve as a senior judge as pro-
vided in subsection (e). 
"(2) The term of a judge shall expire as follows: 
"(A) In the case of a judge who is appointed after March 31 
and before October 1 of any year, the term shall expire on 
September 30 of the year in which the fifteenth anniversary of 
the appointment occurs. 
"(B) In the case of a judge who is appointed after Septem-
ber 30 of any year and before April 1 of the following year, the 
term shall expire fifteen years after such September 30. 
"(3) Not more than three of the judges of the court may be 
appointed from the same political party, and no person may be 
appointed to be a judge of the court unless the person is a member of 
the bar of a Federal court or the highest court of a State. 
"(c) REMOVAL.—Judges of the court may be removed from office by 
the President, upon notice and hearing, for— 
"(1) neglect of duty; 
"(2) misconduct; or 
"(3) mental or physical disability. 
A judge may not be removed by the President for any other cause, 
(d) PAY AND ALLOWANCES.—Each judge of the court is entitled to 
the same salary and travel allowances as are, and from time to time 
may be, provided for judges of the United States Courts of Appeals. 
"(e) SENIOR JUDGES.—(1) A former judge of the court who is 
receiving retired pay or an annuity under section 945 of this title 
(article 145) or under subchapter III of chapter 83 or chapter 84 of 
title 5 shall be a senior judge. 
"(2XA) The chief judge of the court may call upon a senior judge of 
the court, with the consent of the senior judge, to perform judicial 
duties with the court— 
"(i) during a period a judge of the court is unable to perform 
his duties because of illness or other disability; 
"(ii) during a period in which a position of judge of the court is 
vacant; or 
"(iii) in any case in which a judge of the court recuses himself. 
"(B) A senior judge shall be paid for each day on which he 
performs judicial duties with the court an amount equal to the daily 
equivalent of the annual rate of pay provided for a judge of the 
court. Such pay shall be in lieu of retired pay and in lieu of an 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1571 
annuity under section 945 of this title (article 145), subchapter III of 
chapter 83 or subchapter II of chapter 84 of title 5, or any other 
retirement system for employees of the Federal Government. 
"(3) A senior judge, while performing duties referred to in para-
graph (2), shall be provided with such office space and staff assist-
ance as the chief judge considers appropriate and shall be entitled to 
the per diem, travel allowances, and other allowances provided for 
judges of the court. 
"(4) A senior judge shall be considered to be an officer or employee 
of the United States with respect to his status as a senior judge, but 
only during periods the senior judge is performing duties referred to 
in paragraph (2). For the purposes of section 205 of title 18, a senior 
judge shall be considered to be a special government employee 
during such periods. Any provision of law that prohibits or limits 
the political or business activities of an employee of the United 
States shall apply to a senior judge only during such periods. 
"(5) The court shall prescribe rules for the use and conduct of 
senior judges of the court. The chief judge of the court shall transmit 
such rules, and any amendments to such rules, to the Committees 
on Armed Services of the Senate and the House of Representatives 
not later than 15 days after the issuance of such rules or amend-
ments, as the case may be. 
"(6) For purposes of subchapter III of chapter 83 of title 5 (relating 
to the Civil Service Retirement and Disability System) and chapter 
84 of such title (relating to the Federal Employees' Retirement 
System) and for purposes of any other Federal Government retire-
ment svstem for employees of the Federal Government— 
'(A) a period during which a senior judge performs duties 
referred to in paragraph (2) shall not be considered creditable 
service; 
"(B) no amount shall be withheld from the pay of a senior 
judge as a retirement contribution under section 8334, 8343, 
8422, or 8432 of title 5 or under any other such retirement 
system for any period during which the senior judge performs 
duties referred to in paragraph (2); 
"(C) no contribution shall be made by the Federal Govern-
ment to any retirement system with respect to a senior judge 
for any period during which the senior judge performs duties 
referred to in paragraph (2); and 
"(D) a senior judge shall not be considered to be a reemployed 
annuitant for any period during which the senior judge per-
forms duties referred to in paragraph (2). 
"(f) SERVICE OF ARTICLE III JUDGES.—(1) The Chief Justice of the 
United States, upon the request of the chief judge of the court, may 
designate a judge of a United States court of appeals or of a United 
States district court to perform the duties of judge of the United 
States CJourt of Military Appeals— 
"(A) during a period a judge of the court is unable to perform 
his duties because of illness or other disability; or 
"(B) in any case in which a judge of the court recuses himself. 
"(2) A designation under paragraph (1) may be made only with the 
consent of the designated judge and the concurrence of the chief 
judge of the court of appeals or district court concerned. 
"(3) Per diem, travel allowances, and other allowances paid to the 
designated judge in connection with the performance of duties for 
the court shall be paid from funds available for the payment of per 
diem and such allowances for judges of the court. 
103 STAT. 1572 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(g) EFFECT OF VACANCY ON COUKT.—A vacancy on the court does 
not impair the right of the remaining judges to exercise the powers 
of the court. 
"§ 943. Art. 143. Organization and employees 
President of U.S. 
"(a) CHIEF JUDGE.—The President shall designate from time to 
time one of the judges of the United States Court of Military 
Appeals to be chief judge of the court. 
(b) PRECEDENCE OF JUDGES.—^The chief judge of the court shall 
have precedence and preside at any session that he attends. The 
other judges shall have precedence and preside according to the 
seniority of their original commissions. Judges whose commissions 
bear the same date shall have precedence according to seniority in 
age. 
"(c) STATUS OF ATTORNEY POSITIONS.—(1) Attorney positions of 
employment under the CJourt of Military Api>eals are excepted from 
the competitive service. Appointments to such positions shall be 
made by the court, without the concurrence of any other officer or 
employee of the executive branch, in the same manner as appoint-
ments are made to other executive branch positions of a confidential 
or policy-determining character for which it is not practicable to 
examine or to hold a competitive examination. Such positions shall 
not be counted as positions of that character for purposes of any 
limitation on the number of positions of that character provided in 
law. 
"(2) In making appointments to the positions described in para-
graph (1), preference shall be given, among equally qualified per-
sons, to persons who are preference eligibles (as defined in section 
2108(3) of title 5). 
"§ 944. Art. 144. Procedure 
"The United States Court of Military Appeals may prescribe its 
rules of procedure and may determine the number of judges 
required to constitute a quorum. 
"§ 945. Art 145. Annuities forjudges and survivors 
"(a) RETIREMENT ANNUITIES FOR JUDGES.—(1) A person who has 
completed a term of service for which he was appointed as a judge of 
the United States Court of Military Appeals is eligible for an 
annuity under this section upon separation from civilian service in 
the Federal Government. 
"(2) A person who is eligible for an annuity under this section 
shall be paid that annuity if, at the time he becomes eligible to 
receive that annuity, he elects to receive that annuity in lieu of any 
other annuity for which he may be eligible at the time of such 
election (whether an immediate or a deferred annuity) under sub-
chapter i n of chapter 83 or subchapter II of chapter 84 of title 5 or 
any other retirement system for civilian employees of the Federal 
Grovemment. Such an election may not be revoked. 
"(3XA) The Secretary of Defense shall notify the Director of the 
Oflfice of Personnel Management whenever an election under para-
graph (2) is made affecting any right or interest under subchapter 
i n of chapter 83 or subchapter II of chapter 84 of title 5 based on 
service as a judge of the United States Court of Military Appeals. 
"(B) Upon receiving any notification under subparagraph (A) in 
the case of a person msiking an election under paragraph (2), the 
Director shsdl determine the amount of the person's lump-sum 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1573 
credit under subchapter III of chapter 83 or subchapter II of chapter 
84 of title 5, as applicable, and shall request the Secretary of the 
Treasury to transfer such amount from the Civil Service Retirement 
and Disability Fund to the Department of Defense Military Retire-
ment Fund. The Secretary of the Treasury shall make any transfer 
so requested. 
"(C) In determining the amount of a lump-sum credit under 
section 8331(8) of title 5 for purposes of this pareigraph— 
"(i) interest shall be computed using the rates under section 
8334(eX3) of such title; and 
"(ii) the completion of 5 years of civilism service (or longer) 
shall not be a basis for excluding interest. 
"(b) AMOUNT OP ANNUITY.—The annuity payable under this sec-
tion to a person who makes an election under subsection (aX2) is 80 
gercent of the rate of pay for a judge in active service on the United 
tates (Dourt of Military Appeals as of the date on which the person 
is separated from civilian service. 
"(c) RELATION TO THRIFT SAVINGS PLAN.—Nothing in this section 
affects any right of any person to participate in the thrift savings 
plan under section 8351 of title 5 or subchapter III of chapter 84 of 
such title. 
"(d) SURVIVOR ANNUITIES.—The Secretary of Defense shall pre-
scribe by regulation a program to provide annuities for survivors 
and former spouses of persons receiving annuities under this section 
by reason of elections made by such persons under subsection (aX2). 
That program shall, to the maximum extent practicable, provide 
benefits and establish terms and conditions that are similar to those 
provided under survivor and former spouse annuity programs under 
other retirement systems for civilian employees of the Federal 
Government. The program may include provisions for the reduction 
in the annuity paid the person as a condition for the survivor 
annuity. An election by a judge (including a senior judge) or former 
judge to receive an annuity under this section terminates any right 
or interest which any other individual may have to a survivor 
annuity under any other retirement system for civilian employees of 
the Federal Government based on the service of that judge or former 
judge as a civilian officer or employee of the Federal Government 
(except with respect to an election under subsection (gXlXB)). 
"(e) (DosT-op-LiviNG INCREASES.—The Secretary of Defense shall 
periodically increase annuities and survivor annuities paid under 
this section in order to take account of changes in the cost of living. 
The Secretary shall prescribe by regulation procedures for increases 
in annuities under this section. Such system shall, to the m£iximum 
extent appropriate, provide cost-of-living adjustments that are simi-
lar to those that are provided under other retirement systems for 
civilian employees of the Federal CSrovemment. 
"(f) DUAL CJOMPENSATION.—A person who is receiving an annuity 
under this section by reason of service as a judge of the court and 
who is appointed to a position in the Federal Government shall, 
during the period of such person's service in such position, be 
entitled to receive only the annuity under this section or the pay for 
that position, whichever is higher. 
"(g) ELECTION OF JUDICIAL RETIREMENT BENEFITS.—(1) A person 
who is receiving an annuity under this section by reason of service 
as a judge of the court and who later is appointed as a justice or 
judge of the United States to hold office during good behavior and 
who retires from that office, or from regular active service in that 
Regulations. 
Regulations. 
103 STAT. 1574 
PUBLIC LAW 101-189—NOV. 29, 1989 
office, shall be paid either (A) the annuity under this section, or (B) 
the annuity or salary to which he is entitled by reason of his service 
as such a justice or judge of the United States, as determined by an 
election by that person at the time of his retirement from the office, 
or from regular active service in the office, of justice or judge of the 
United States. Such an election may not be revoked. 
"(2) An election by a person to be paid an annuity or salary 
pursuant to paragraph (IXB) terminates (A) any election previously 
made by such person to provide a survivor annuity pursuant to 
subsection (d), and (B) any right of any other individual to receive a 
survivor annuity pursuant to subsection (d) on the basis of the 
service of that person. 
"(h) SOURCE OF PAYMENT OF ANNUITIES.—Annuities and survivor 
annuities paid under this section shall be paid out of the Depart-
ment of Defense Military Retirement Fund. 
"§ 946. Art. 146. Code committee 
"(a) ANNUAL SURVEY.—A committee shall meet at least annually 
and shall make an annual comprehensive survey of the operation of 
this chapter. 
"(b) COMPOSITION OF COMMITTEE.—The committee shall consist 
of— 
"(1) the judges of the United States Court of Military Appeals; 
"(2) the Judge Advocates General of the Army, Navy, and Air 
Force, the Chief Counsel of the Coast Guard, and the Staff 
Judge Advocate to the Commandant of the Marine Corps; and 
"(3) two members of the public appointed by the Secretary of 
Defense. 
"(c) REPORTS.—(1) After each such survey, the committee shall 
submit a report— 
"(A) to the Committees on Armed Services of the Senate and 
House of Representatives; and 
"(B) to the Secretary of Defense, the Secretaries of the mili-
tary departments, and the Secretary of Transportation. 
"(2) Each report under paragraph (1) shall include the following: 
"(A) Information on the number and status of pending cases. 
"(B) Any recommendation of the committee relating to— 
"(i) uniformity of policies as to sentences; 
"(ii) amendments to this chapter; and 
"(iii) any other matter the committee considers appro-
priate. 
"(d) QUALIFICATIONS AND TERMS OF APPOINTED MEMBERS.—Each 
member of the committee appointed by the Secretary of Defense 
under subsection (bX3) shall be a recognized authority in military 
justice or criminal law. Each such member shall be appointed for a 
term of three years. 
"(e) APPUCABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Clommittee Act (5 U.S.C. App. I) shall not apply to 
the committee.". 
10 u s e 942 note. 
(d) 
TRANSITION 
F R O M 
T H R E E - J U D G F 
COURT 
TO 
FiVE-JUDGE 
COURT.—(1) Effective during the period before October 1, 1990— 
(A) the number of members of the United States Court of 
Military Appeals shall (notwithstanding subsection (a) of section 
942 of title 10, United States Code, as enacted by subsection (c)) 
be three; and 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1575 
(B) the maximum number of members of the court who may 
be appointed from the same political party shall (notwithstand-
ing subsection (bX3) of section 942) be two. 
(2) In the application of paragraph (2) of section 942(b) of title 10, 
United States (Dode (as enacted by subsection (c)) to the judges who 
v 
are first appointed to the two new positions of the court created as of 
October 1,1990— 
(A) with respect to one such judge (as designated by the 
President at the time of appointment), the anniversary referred 
to in subparagraph (A) of that paragraph shall be treated as 
being the seventh anniversary and the number of years referred 
to in subparagraph (B) of that paragraph shall be treated as 
being seven; and 
(B) with respect to the other such judge (as designated by the 
President at the time of appointment), the anniversary referred 
to in subparagraph (A) of that paragraph shall be treated as 
being the thiteenth anniversary and the niimber of years 
referred to in subparagraph (B) of that paragraph sh^l be 
treated as being thirteen. 
(e) TRANSITION RULES RELATING TO RETIREMENT OF NEW JUDGES.— 
^^ use 942 note. 
(1) Except as otherwise provided in paragraphs (2) and (3), each 
judge to whom subsection (dX2) applies shall be eligible for an 
annuity as provided in section 945 of title 10, United States diode, as 
enacted by subsection (c). 
(2) The annuity of a judge referred to in paragraph (1) is computed 
under subsection (b) of such section 945 only if the judge— 
(A) completes the term of service for which he is first 
appointed; 
(B) is reappointed as a judge of the United States Court of 
Military Appeals at any time after the completion of such term 
of service; 
(C) is separated from civilian service in the Federal Govern-
ment after completing a total of 15 years as a judge of such 
court; and 
(D) elects to receive an annuity under such section in accord-
ance with subsection (aX2) of such section. 
(3) In the case of a judge referred to in paragraph (1) who is 
separated from civilian service after completing the term of service 
for which he is first appointed as a judge of the United States C^urt 
of Military Appeals and before completing a total of 15 years as a 
judge of such court, the annuity of such judge (if elected in accord-
ance with section 945(aX2) of title 10, United States (Dode) shall be 
Vis of the amount computed under subsection (b) of such section 
times the number of years (including any fraction thereof) of such 
judge's service as a judge of the court. 
(0 APPLICABILITY OF AMENDED RETIREMENT PROVISIONS.—Except 
lO USC 942 note. 
as otherwise provided in subsections (c) and (d), section 945 of title 
10, United States Code, as enacted by subsection (c), applies with 
respect to judges of the United States Court of Military Appeals 
whose terms of service on such court end after September 28, 1988, 
and to the survivors of such judges. 
(g) TERMS OF CURRENT JUDGES.—Section 942(b) of title 10, United 
lO USC 942 note. 
States Code, as enacted by subsection (c), shall not apply to the term 
of office of a judge of the United States Court of Military Appeals 
serving on such court on the date of the enactment of this Act. The 
term of office of such a judge shall expire on the later of (A) the date 
the term of such judge would have expired under section 867(aXl) of 
103 STAT. 1576 
PUBLIC LAW 101-189—NOV. 29, 1989 
title 10, United States Code, as in effect on the day before such date 
of enactment, or (B) September 30 of the year in which the term of 
such judge would have expired under such section 867(aXl). 
10 u s e 942 note. 
(h) CiVIL SERVICE STATUS OF CURRENT EMPLOYEES.—Section 943(c) 
of title 10, United States Code, as enacted by subsection (c), shall not 
be applied to change the civil service status of any attorney who is 
^ 
an employee of the United States Court of Military Appeals on the 
day before the date of the enactment of this Act. 
• 
(i) TERMINATION OF AUTHORITY RELATING TO SERVICE OF ARTICLE 
III JUDGES AFTER 5 YEARS.—The authority of the Chief Justice of 
the United States under section 942(f) of title 10, United States (Dode, 
as enacted by subsection (c), shall terminate on September 30, 1995. 
SEC. 1302. APPELLATE REVIEW OF ARTICLE 69 ACTIONS 
(a) REVIEW.—Section 869 (article 69) of title 10, United States 
(Dode, is amended— 
(1) in subsection (a), by striking out the third sentence; and 
(2) by adding at the end the following: 
"(d) A Clourt of Military Review may review, under section 866 of 
this title (article 66)— 
"(1) any court-martial case which (A) is subject to action by 
the Judge Advocate General under this section, and (B) is sent 
to the (Dourt of Military Review by order of the Judge Advocate 
General; and 
"(2) any action taken by the Judge Advocate General under 
this section in such case. 
"(e) Notwithstanding section 866 of this title (article 66), in any 
case reviewed by a Clourt of Military Review under this section, the 
Court may take action only with respect to matters of law.". 
10 use 869 note. 
(b) EFFECTIVE DATE.—Subsection (e) of section 869 of title 10, 
United States Code, as added by subsection (a), shall apply with 
respect to cases in which a finding of guilty is adjudged by a general 
court-martial after the date of the enactment of this Act. 
SEC. 1303. INVESTIGATION OF JUDICIAL MISCONDUCT 
Subchapter I of chapter 47 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 806a. Art. 6a. Investigation and disposition of matters pertain-
ing to the fltness of military judges 
"(a) The President shall prescribe procedures for the investigation 
and disposition of charges, allegations, or information pertaining to 
the fitness of a military judge or military appellate judge to perform 
the duties of the judge's position. To the extent practicable, the 
procedures shall be uniform for all armed forces. 
"(b) The President shall transmit a copy of the procedures pre-
scribed pursuant to this section to the (Committees on Armed Serv-
ices of the Senate and House of Representatives.". 
SEC. 1304. TECHNICAL AND CONFORMING AMENDMENTS 
(a) CLERICAL AMENDMENTS.—(1) The table of subchapters at the 
beginning of chapter 47 of title 10, United States (Dode, is amended 
by adding at the end the following new item: 
"XII. Court of Military Appeals 
941 141". 
(2) The table of sections at the beginning of subchapter I of such 
chapter is amended by adding at the end the following new item: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1577 
"806a. 6a. Investigation and disposition of matters pertaining to the fitness of mili-
tary judges.". 
(b) CONFORMING AMENDMENTS.—(1) Section 869(a) (article 69(a)) of 
title 10, United States Code, is amended by striking out "section 
867(bX2) of this title (article 67(bX2))" in the third sentence and 
inserting in lieu thereof "section 867(aX2) of this title (article 
67(aX2))'° 
(2) Section 8337(a) of title 5, United States Code, is amended by 
striking out "section 867(aX2)" in the fourth sentence and inserting 
in lieu thereof "section 942(c)". 
(3) Section 1259 of title 28, United States Code, is amended by 
striking out "section 867ft>Xl)", "section 867(bX2)", and "section 
867(bX3)" and inserting in lieu thereof "section 867(aXl)", "section 
867(aX2)", and "section 867(aX3)", respectively. 
TITLE XIV—MILITARY SURVIVOR BENEFIT PLAN 
the "Military Survivor Benefits 
SEC. 1401. SHORT TITLE 
This title may be cited as 
Improvement Act of 1989". 
SEC. 1402. REVISED PREMIUM COMPUTATION FOR SURVIVOR BENEFIT 
PLAN ANNUITIES 
(a) REVISION IN RETIRED PAY REDUCTION.—Subsection (a) of section 
1452 of title 10, United States Code, is amended by striking out the 
matter preceding paragraph (2) and inserting in lieu thereof the 
following: 
"(a) SPOUSE AND FORMER SPOUSE ANNumES.— 
"(1) REQUIRED REDUCTION IN RETIRED PAY.—Except as provided 
in subsection Ot)), the retired pay of a participant in the Plan 
who is providing spouse coverage (as described in paragraph (5)) 
shall be reduced as follows: 
"(A) STANDARD ANNUITY.—If the annuity coverage being 
provided is a standard annuity, the reduction shall be as 
follows: 
K 
"(i) DISABILITY AND NONREGULAR SERVICE RETIREES.— 
In the case of a person who is entitled to retired pay 
under chapter 61 or chapter 67 of this title, the reduc-
1
« ; 
tion shall be in whichever of the alternative reduction 
i' 
amounts is more favorable to that person. 
'.! . 
"(ii) MEMBERS AS OF ENACTMENT OF FLAT-RATE REDUC-
TION.—In the case of a person who first became a 
member of a uniformed service before March 1, 1990, 
the reduction shall be in whichever of the alternative 
reduction amounts is more favorable to that person. 
"(iii) NEW ENTRANTS AFTER ENACTMENT OF FLAT-RATE 
REDUCTION.—In the case of a person who first becomes 
a member of a uniformed service on or after March 1, 
1990, and who is entitled to retired pay under a provi-
sion of law other than chapter 61 or chapter 67 of this 
title, the reduction shall be in an amount equal to 6y2 
percent of the base amount. 
"(iv) ALTERNATIVE REDUCTION AMOUNTS.—For pur-
poses of clauses (i) and (ii), the alternative reduction 
amounts are the following: 
4 
• . 
"(I) An amount equal to 6V4 percent of the base 
amount. 
Military 
Survivor 
Benefits 
Improvement 
Act of 1989. 
10 u s e 1447 
note. 
103 STAT. 1578 
PUBLIC LAW 101-189—NOV. 29, 1989 
— •
> 
"(II) An amount equal to 2y2 percent of the first 
$337 (as adjusted after November 1, 1989, under 
paragraph (4)) of the base amount plus 10 percent 
i"- 
of the remainder of the base amount. 
"(B) RESERVE-COMPONENT ANNUITY.—If the annuity cov-
erage being provided is a reserve-component annuity, the 
reduction shall be in whichever of the following amounts is 
more favorable to that person: 
"(i) An amount equal to GVz percent of the base 
amount plus an amount determined in accordance with 
regulations prescribed by the Secretary of Defense as a 
premium for the additional coverage provided through 
reserve-component annuity coversige under the Plan, 
"(ii) An amount equal to 2y2 percent of the first $337 
(as adjusted after November 1, 1989, under paragraph 
(4)) of the base amount plus 10 percent of the remain-
der of the base amount plus an amount determined in 
accordance with regulations prescribed by the Sec-
v 
retary of Defense as a premium for the additional 
coverage provided through reserve-component annuity 
coverage under the Plan.'. 
(b) PERSONS PROVIDING SPOUSE COVERAGE.—Such subsection is 
further amended by adding at the end the following new paragraph: 
"(5) For the purposes of paragraph (1), a participant in the Plan 
who is providing spouse coverage is a participant who— 
(A) has (i) a spouse or former spouse, or (ii) a spouse or 
former spouse and a dependent child; and 
"(B) has not elected to provide an annuity to a person des-
ignated by him under section 1448(bXl) of this title or, having 
made such an election, heis changed his election in favor of his 
spouse under section 1450(f) of this title.". 
(c) (DoNFORMiNG AMENDMENT.—Subsection (aX4) of such section is 
amended by striking out "amount under paragraph (IXA)" in sub-
paragraphs (A) and (B) and inserting in lieu thereof "amounts under 
paragraph (1)". 
10 use 1452 
(d) RECOMPUTATION OF SBP 
PREMIUM FOR CURRENT PARTICI-
PANTS.— 
(1) RECOMPUTATION.—The Secretary concerned shall recom-
pute the SBP premium of persons described in paragraph (2). 
Any such recomputation shall take effect on March 1, 1990. 
(2) PERSONS COVERED,—A person referred to in par£igraph (1) 
as described in this paragraph is a person who on March 1, 
1990— 
(A) is entitled to retired pay; 
(B) is providing spouse coversige (as described in para-
's. » > graph (5) of section 1452 of title 10, United States Code, as 
-• 
added by subsection (b)); and 
(C) is subject to an SBP premium in excess of 6V2 percent 
of the base amount of that person under the Survivor 
Benefit Plan. 
(3) AMOUNT OF RECOMPUTED PREMIUM.—The amount of 
an 
SBP premium recomputed under this subsection shall be 6V2 
percent of the base amount under the Survivor Benefit Plan of 
the person whose premium is recomputed. 
(4) SBP PREMIUM DEFINED.—For purposes of this subsection, 
the term "SBP premium" means a reduction in retired pay 
under section 1452 of title 10, United States (Dode. 
note. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1579 
SEC. 1403. CORRECTION OF ANNUITY COMPUTATION FOR SURVIVORS OF 
CERTAIN RETIREMENT-ELIGIBLE OFFICERS DYING WHILE 
ON ACTIVE DUTY 
(a) ANNUITY COMPUTATION BASED ON FINAL BASIC PAY.—Para-
graph (3) of section 1451(c) of title 10, United States Code, is 
amended to read as follows: 
"(3) In the case of an annuity provided by reason of the service of 
a member described in section 1448(dXlXB) or 1448(dXlXC) of this 
title who first became a member of a uniformed service before 
September 8, 1980, the retired pay to which the member would have 
been entitled when he died shall be determined for purposes of 
paragraph (1) based upon the rate of basic pay in effect at the time 
of death for the grade in which the member was serving at the time 
of death, unless (as determined by the Secretary concerned) the 
member would have been entitled to be retired in a higher grade.". 
O
t
)
) ADJUSTMENT OF ANNUITIES ALREADY IN EFFECT.— 
lO use 1451 
(1) RECOMPUTATION.—The Secretary concerned shall recom- ^°^^-
pute the annuity of any person wno on the effective date 
specified in subsection (d) is entitled to an annuity under the 
Survivor Benefit Plan by reason of eligibility described in sec-
tion 1448(dXlXB) or 1448(dXlXC) of title 10, United States Code, 
and who is further described in subsection (c). 
(2) AMOUNT OF RECOMPUTED ANNUITIES.—The amount of the 
annuity as so recomputed shall be the amount that would be in 
effect for that annuity on the effective date specified in subsec-
tion (d) if the annuity had originally been computed subject to 
the provisions of paragraph (3) of section 1451(c) of title 10, 
United Stetes (Dode, as amended by subsection (a). 
(c) PERSONS ELIGIBLE FOR RECOMPUTATION.—A person is eligible to 
have an annuity under the Survivor Benefit Plan recomputed under 
subsection (b) i
f
— 
(1) the annuity is based upon the service of a member of the 
uniformed services who died on active duty during the period 
beginning on September 21, 1972, and ending on the effective 
date specified in subsection (d); and 
(2) the retired pay of that member for the purposes of deter-
mining the amount of the annuity under the Survivor Benefit 
Plan was computed using a rate of basic pay lower than the rate 
of basic pay in effect at the time of death for the grade in which 
the member was serving at the time of death. 
(d) EFFECTIVE DATE.—An annuity recomputed under subsection (b) 
shall take effect as so recomputed on March 1,1990. 
SEC. 1404. PROGRAM TO PROVIDE SUPPLEMENTAL SPOUSE ANNUITY FOR 
MILITARY RETIREES 
(a) EsTABUSHMENT OF PROGRAM.—(1) Effective on October 1, 1991, Effective date. 
chapter 73 of title 10, United Stetes (jode, is amended by adding at 
the end the following new subchapter: 
"SUBCHAPTER 
III—SUPPLEMENTAL 
SURVIVOR 
BENEFIT 
PLAN 
"Sec. 
"1456. Supplemental spouse coverage: establishment of plan; definitions. 
"1457. Supplemental spouse coverage: pajrment of annuity; amount. 
"1458. Supplemental spouse coverage: eligible participants; elections of coverage. 
"1459. Former spouse coverage: special rules. 
103 STAT. 1580 
PUBLIC LAW 101-189—NOV. 29, 1989 
"1460. Supplemental spouse coverage: reductions in retired pay. 
"1460a. Incorporation of certain administrative provisions. 
"1460b. R^ulations. 
"§ 1456. Supplemental spouse coverage: establishment of plan; 
definitions 
"(a) ESTABLISHMENT OF SUPPLEMENTAL SUKVTVOR BENEFIT PLAN.— 
"(1) PLAN.—TTie Secretary of Defense shall carry out a pro-
gram in accordance with this subchapter to enable participants 
in the Survivor Benefit Plan who are providing coverage for a 
spouse or former spouse beneficiary under that Plan to also 
provide a supplemental annuity for that spouse or former 
spouse beginning when the participant dies or when the spouse 
or former spouse becomes 62 years of age, whichever is later, in 
order to offset the effects of the two-tier annuity computation 
under the Survivor Benefit Plan. 
"(2) NAME OF PLAN.—The program under this subchapter 
shall be known as the Supplemental Survivor Benefit Plan, 
"(b) DEFINITIONS.— 
"(1) INCORPORATION OF DEFINITIONS APPLICABLE TO SURVIVOR 
BENEFIT PLAN.—The definitions in section 1447 of this title apply 
in this subchapter. 
"(2) SUPPLEMENTAL SPOUSE ANNUITY DEFINED.—In this sub-
chapter, the term 'supplemental spouse annuity' means an 
annuity provided to a spouse or former spouse under this 
subchapter. 
"§ 1457. Supplemental spouse coverage: payment of annuity; 
amount 
"(a) COMMENCEMENT OF ANNurry.—A supplemental spouse annu-
ity commences on the later of— 
"(1) the day on which an annuity under the Survivor Benefit 
Plan becomes payable to the beneficiary; or 
"(2) the first day of the first month after the month in which 
the beneficiary becomes 62 years of age. 
"0>) AMOUNT OF ANNUITY FOR BENEFICIARY OF PERSON PROVIDING 
STANDARD ANNUITY UNDER SBP.—In the case of a person providing 
a standard annuity for a spouse or former spouse beneficiary under 
the Survivor Benefit Plan and providing a supplemental spouse 
annuity for that beneficiary under this subchapter, the monthly 
annuity payable to the beneficiary under this subchapter shall be 
the amount equal to 20 percent of the base amount under the 
Survivor Benefit Plan of the person providing the annuity. The 
annuity shall be computed as of the date of the death of the person 
providing the annuity, notwithstanding that the annuity is not 
payable at that time by reason of subsection (a). 
"(c) AMOUNT OF ANNUITY FOR BENEFICIARY OF PERSON PROVIDING 
RESERVE-COMPONENT ANNUITY UNDER SBP.—In the case of a person 
providing a reserve-component annuity for a spouse or former 
spouse beneficiary under the Survivor Bienefit Plan and providing a 
supplemental spouse annuity for that beneficiary under this sub-
chapter, the monthly annuity payable to that beneficiary under this 
subchapter shall be determined as follows: 
"(1) BENEFICIARY INITIALLY 62 YEARS OF AGE OR OLDER.—If the 
beneficiary is 62 years of age or older when the beneficiary 
becomes entitled to the reserve-component annuity under the 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1581 
Survivor Benefit Plan, the monthly amount of the supplemental 
spouse sinnuity is the difference between— 
"(A) the amount of the reserve-component annuity under 
the Survivor Benefit Plan to which the beneficiary would be 
entitled if that beneficiary were under 62 years of age (as 
computed under section 1451(aX2XA) of this title); and 
"(B) the amount of the reserve-component annuity to 
which the beneficiary is entitled (as computed under section 
1451(aX2XB) of this title). 
"(2) BENEFICIARY INITIALLY UNDER 62 YEARS OF AGE.—If the 
beneficiary is under 62 years of age when the beneficiary be-
comes entitled to the reserve-component annuity under the 
Survivor Benefit Plan, the monthly amount of the supplemental 
spouse annuity of that beneficiary (commencing on the date 
specified in subsection (aX2)) is the amount by which the 
beneficiary's annuity under the Survivor Benefit Plan is re-
duced (on the same day) under section 1451(d) of this title. 
"(3) EXCLUSION OF DIC OFFSET.—Computations under para-
graphs (1) and (2) shall be made without regard to any reduction 
required under section 145(Kc) of this title (or any other provi-
sion of law) with respect to the receipt of dependency and 
indemnity compensation under section 411 of title 38. 
"(d) ADJUSTMENTS IN ANNUITIES.— 
"(1) PERIODIC ADJUSTMENTS (COLAS).—Whenever annuities 
under the Survivor Benefit Plan are increased under section 
1451(gXl) of this title (or any other provision of law) or recom-
puted under section 1451(i) of this title, each annuity under this 
subchapter shall be increased or recomputed at the same time. 
The increase shall, in the case of any such annuity, be by the 
same percent as the percent by which the annuity of that 
beneficiary is increeised or recomputed under the Survivor 
Benefit Plan. 
"(2) ROUNDING DOWN.—The monthly amount of an annuity 
payable under this subchapter, if not a multiple of $1, shall be 
rounded to the next lower multiple of $1. 
"(e) TERMINATION OF ANNUITY.—A supplemental spouse annuity 
terminates effective as of the first day of the month in which the 
beneficiary dies or otherwise becomes ineligible to continue to re-
ceive an annuity under the Survivor Benefit Plan. 
"§ 1458. Supplemental spouse coverage: eligible participants; elec-
tions of coverage 
"(a) (DOVERAGE.— 
"(1) IN GENERAL.—A person who provides an annuity for a 
spouse or former spouse under the Survivor Benefit Plan may 
elect in accordance with this section to provide a supplemental 
spouse annuity for that spouse or former spouse. 
"(2) COVERAGE CONTINGENT ON CONCURRENT SBP COVERAGE.— 
When a person providing a supplemental spouse annuity under 
this subchapter ceases to be a participant under the Survivor 
Benefit Plan, that person's coverage under this subchapter 
automatically terminates. 
"(3) ELECTIONS TO BE VOLUNTARY.—A person may not be 
ordered or required to elect (or to enter into an agreement to 
elect) to provide a spouse or former spouse with a supplemental 
spouse annuity under this subchapter. Except as provided in 
section 1459(b) of this title, in no case shall a person be deemed 
103 STAT. 1582 
PUBLIC LAW 101-189—NOV. 29, 1989 
to have made an election to provide a supplemental annuity for 
a spouse or former spouse of such person. 
"(b) LIMITATION ON EUGIBILITY FOR CERTAIN S B P PARTICIPANTS 
NOT AFFECTED BY TWO-TIER ANNUITY COMPUTATION.—A person is 
not eligible to make an election under this section if (as determined 
by the Secretary concerned) the annuity of a spouse or former 
spouse beneficiary of that person under the Survivor Benefit Plan 
will be computed under section 1451(e) of this title. However, such a 
person may waive the right to have that annuity computed under 
section 1451(e) of this title. Any such election is irrevocable. A 
person making such a waiver may make an election under this 
section as in the case of any other participant in the Survivor 
Benefit Plan. 
"(c) ELECTION OF SUPPLEMENTAL SPOUSE ANNUITY BEFORE BECOM-
ING A PARTICIPANT IN SBP.— 
"(1) IN GENERAL.—A person anticipating becoming a partici-
pant in the Survivor Benefit Plan who has a spouse or former 
spouse may elect to provide a supplemental spouse annuity 
under this subchapter for that spouse or former spouse. 
"(2) CONDITIONS ON ELECTION.—An election under paragraph 
( D -
"(A) must be made before the day on which the person 
making the election first becomes a participeint in the 
Survivor Benefit Plan; and 
"(B) shall be made in the same manner as an election 
under section 1448 of this title that is available to that 
person at the same time. 
"(3) REQUIREMENT OF SPOUSE ANNUITY UNDER SBP.—If upon 
becoming a participant in the Survivor Benefit Plan under 
section 1448 of this title the person is not providing an annuity 
for the person's spouse or former spouse, an election under this 
section to provide a supplemental spouse annuity shall be void. 
"(4) SPECIAL RULE FOR RCSBP PARTICIPANTS.—For the purposes 
of this subsection, a person providing a reserve-component 
annuity under the Survivor Benefit Plan shall not be considered 
to have become a participant in that Plan until the end of the 
90-day period referred to in clause (iii) of section 1448(aX2XB) of 
this title. 
"(d) ELECTION OF FORMER SPOUSE AFTER BECOMING EUGIBLE FOR 
SURVIVOR BENEFIT PLAN.— 
"(1) ELECTION OF COVERAGE.—A person who elects under sec-
tion 1448(bX3) of this title to provide coverage under the Survi-
vor Benefit Plan for a former spouse may elect to provide a 
supplemental spouse annuity for that former spouse. Any such 
election must be signed by the person and received by the 
Secretary concerned within one year after the date of the decree 
of divorce, dissolution, or annulment. 
"(2) EFFECTIVE DATE OF ELECTION.—An election under para-
graph (1) is effective as of the same day as the election under 
section 1448(bX3) of this title. 
"(e) NOTICE TO SPOUSE OF FORMER SPOUSE COVERAGE.—If a mar-
ried person who is eligible to provide an annuity under the Survivor 
Benefit Plan elects to provide an annuity under that Plan for a 
former spouse (or for a former spouse and dependent child) and 
elects under this section to provide a supplemental spouse annuity 
for that former spouse, the notification to the person's spouse under 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1583 
section 1448(aX3XE) or 1448(bX3XD) of this title shall include notice 
of the election under this section. 
"(f) IKREVOCABIUTY OF ELECTIONS.— 
"(1) STANDARD ANNUITY.—An election under subsection (c) to 
provide a supplemental spouse annuity by a person providing a 
standard annuity under the Survivor Benefit Plan is irrevocable 
if not revoked on the day before the date on which the person 
first becomes a participant in that Plan. 
"(2) 
RESERVE<X)MPONENT 
ANNUITY.—An 
election 
under 
subsection (c) to provide a supplemental spouse annuity by a 
person providing a reserve-component annuity under the Survi-
vor Benefit Plan is irrevocable if not revoked before the end of 
the 90-day period with respect to that person referred to in 
clause (iii) of section 1448(aX2XB) of this title. 
"(3) FORMER SPOUSE ELECTIONS.—An election under subsection 
(d) may not be revoked except in accordance with subsection (h). 
"(g) REMARRIAGE AFTER REmmiiENT.— 
"(1) ELECTION UPON REMARRIAGE.—A person— 
"(A) who is a participant in the Survivor Benefit Plan 
and is providing coverage under that Plan for a spouse (or a 
spouse and child) but is not a participant in the Supple-
mental Survivor Benefit Plan; 
"(B) who does not have an eligible spouse beneficiary 
under that Plan; and 
"(O who remarries, 
may (subject to paragraph (2)) elect to provide a supplemental 
spouse annuity under this subchapter for the person's spouse. 
"(2) LIMITATIONS ON ELECTION.—A person may not make an 
election under paragraph (1) if the person elects under section 
1448(aX6XA) of this title not to provide coverage under the 
Survivor Benefit Plan for the person's spouse. 
"(3) CONDITIONS ON ELECTION.—An election under paragraph 
' 
( 1 ) -
"(A) is irrevocable; 
"(B) shall be made within one year after the remarriage; 
and 
"(O shall be made in such form and manner as may be 
prescribed in r^ulations under section 1460b of this title. 
"(h) CHANGE OF FORMER SPOUSE BENEFICIARY TO SPOUSE OR CHILD 
BENEFICIARY.—If a person who is providing an annuity for a former 
spouse under the Survivor Benefit Plan and a supplemental spouse 
annuity for that former spouse under this subchapter elects under 
section 145(KfXl) of this title to change the beneficiary of the annu-
ity imder the Survivor Benefit Plan in order to provide an annuity 
under that Plan to that person's spouse or to a dependent child— 
"(1) the beneficiary under the supplemental spouse annuity 
shall be deemed to be changed to that spouse ^so, if the change 
under section 145(KfXl) was to provide the annuity for the 
person's spouse; and 
"(2) participation in the supplemental spouse annuity pro-
gram shall be terminated, if the chmige under section 145(Kf)(l) 
of this title was to provide the annuity for a dependent child, 
"(i) REINSTATEMENT OF DISCONTINUED ANNUITY UPON REINSTATE-
MENT OF S B P ANNUITY,—If a person who is providing an annuity for 
a former spouse under the Survivor Benefit Plan and a supple-
mental spouse annuity for that former spouse under this subchapter 
discontinues participation in the Survivor Benefit Plan imder any 
103 STAT. 1584 
PUBLIC LAW 101-189—NOV. 29, 1989 
provision of law and subsequently resumes participation in that 
Plan under any provision of law, the participation of that person in 
the Supplemental Survivor Benefit Plan under this chapter shall be 
reinstated effective on the day on which participation in the Survi-
vor Benefit Plan resumes. 
"§ 1459. Former spouse coverage: special rules 
* 
"(a) 
DISCLOSURE OF VOLUNTARY WRITTEN AGREEMENT WITH 
FORMER SPOUSE.—A person who elects under section 1458 of this 
title to provide a supplemental spouse annuity for a former spouse 
shall, at the time of making the election, provide the Secretary 
concerned with a written statement (in a form to be prescribed by 
that Secretary and signed by such person and former spouse) setting 
forth whether the election is being made pursuant to a written 
agreement previously entered into voluntarily by such person as a 
part of or incident to a proceeding of divorce, dissolution, or annul-
ment and (if so) whether such voluntary written agreement has been 
- 
incorporated in, or ratified or approved by, a court order. 
"(b) ENFORCEMENT OF VOLUNTARY WRITTEN AGREEMENTS INCIDENT 
T
O DIVORCE, ETC.— 
"(1) ELECTIONS DEEMED TO HAVE BEEN MADE.—If a person who 
is eligible to elect under section 1458 of this title to provide a 
supplemental spouse annuity for a former spouse voluntarily 
enters, incident to a proceeding of divorce, dissolution, or annul-
ment, into a written eigreement to elect to provide a supple-
mental annuity for a former spouse and that agreement is 
incorporated in or ratified or approved by a court order or is 
filed with the court of appropriate jurisdiction in accordance 
with applicable State law, and such person then fails or refuses 
to make the election as set forth in the voluntary agreement, 
such person shall be deemed to have made the election if the 
Secretary concerned— 
"(A) receives from the former spouse concerned a written 
request, in such manner as the Secretary shall prescribe, 
requesting that the election be deemed to have been made; 
and 
"(B) receives (i) a copy of the court order, regular on its 
face, which incorporates, ratifies, or approves the written 
V 
agreement of such person, or (ii) a statement from the clerk 
of the court (or other appropriate official) that such agree-
ment has been filed with the court in accordance with 
applicable State law. 
"(2) TIME UMIT FOR REQUEST TO SECRETARY CONCERNED.—An 
" 
election may not be deemed to have been made under para-
graph (1) in the case of any person unless the Secretary con-
cerned receives a request from the former spouse within one 
year after the date of the court order or filing involved. 
"(3) EFFECTIVE DATE OF DEEMED ELECTION.—An election 
deemed to have been made under paragraph (1) shsdl become 
effective on the first day of the first month which begins after 
the date of the court order or filing involved. 
'*§ 1460. Supplemental spouse coverage: reductions in retired pay 
"(a) REDUCTION REQUIRED.—The retired pay of a person who elects 
to provide a supplemental spouse annuity shall be reduced each 
month as required under regulations prescribed under subsection 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1585 
"(b) REGUIATIONS DETERMINING AMOUNT OF REDUCTION.—Regula-
tions for the purposes of subsection (a) shall be prescribed by the 
Secretary of ]>efense. Those regulations shall be based upon assump-
tions used by the Department of Defense Retirement Board of 
Actuaries in the valuation of military retirement and survivor 
benefit programs under chapter 74 of this title (including assump-
tions relating to mortality, interest rates, and inflation) and shall 
ensure the following: 
"(1) That reductions in retired pay under this section are 
made in amounts sufficient to provide that the Supplemental 
Survivor Benefit Plan operates on an actuarially neutral basis. 
"(2) That such reductions are stated, with respect to the base 
amount (under the Survivor Benefit Plan) of any person, as a 
constant percentage of that base amount. 
"(3) That the amounts of such reductions in retired pay of 
persons participating in the Supplemental Survivor Benefit 
Plan (stated as a percentage of base amoimt)— 
"(A) are based on the age of the participant at the time 
participation in that Plan is first effective under this sub-
chapter; and 
"(B) are not determined by any other demc^aphic dif-
ferentiation among participants in the Plan. 
"(4) That such reductions are otherwise determined in accord-
ance with generally accepted actuarial principles and practices. 
"(c) SUSPENSION OF REDUCTION WHEN THERE Is No SPOUSE BENE-
FICIARY,—A reduction in retired pay under this section shall not be 
made in the case of any person during any month in which there is 
> 
no eligible spouse or former spouse beneficiary. 
"(d) 
ADJUSTMENTS IN AMOUNT OF REDUCTION.—Whenever 
the 
amount of the reduction in retired pay of a participant in the 
Survivor Benefit Plan is increased under section 1452(h) of this title 
or recomputed under section 1452(i) of this title, the amount of the 
reduction in that retired pay under this section shall be increased or 
recomputed, as the case may be, at the same time and in the same 
manner as that increase or recomputation. 
"(e) ADMINISTRATIVE PROVISIONS.—The provisions of subsections 
(d) and (f) of section 1452 of this title apply with respect to the 
participation of a person in the Supplemental Survivor Benefit Plan 
in the same manner that those provisions apply under the Survivor 
Benefit Plan. 
"§ 1460a. Incorporation of certain administrative provisions 
"(a) APPUCABILITY OF CERTAIN PROVISIONS OF S B P LAW.—^The 
provisions of section 1449, 1452(g), 1453, and 1454 of this title are 
applicable to a person eligible to make an election, and to an 
election, under this subchapter in the same manner as if made 
under subchapter II. 
"(b) OTHER APPUCABLE PROVISIONS.—Elxcept to the extent other-
wise provided in regulations prescribed under section 1460b of this 
title, the provisions of subsections (h), (i), and (1) of section 1450 of 
this title apply to supplemental spouse annuities in the same 
manner that those provisions apply to annuities under the Survivor 
Benefit Plan. 
'*§ 1460b. Regulations 
"The President shall prescribe regulations to carry out this sub- President of U.S. 
chapter. Those regulations shall, so far as practicable, be uniform 
103 STAT. 1586 
PUBLIC LAW 101-189—NOV. 29, 1989 
Effective date. 
Effective date. 
10 u s e 1331 
note. 
10 u s e 1448 
note. 
for the uniformed services and shall, so far as practicable, incor-
porate provisions of the regulations in effect under section 1455 of 
this title.". 
(2) Effective on October 1, 1991, the table of subchapters at the 
beginning of chapter 73 of such title is amended by adding at the 
end the following new item: 
"III. Supplemental Spouse Coverage for Survivor Benefit Plan Participants.... 1456". 
(b) CONFORMING AMENDMENTS.—(1) Section 1331(d) of title 10, 
United States Code, is amended by inserting "and the Supplemental 
Survivor Benefit Plan established under subchapter III of that 
chapter," after "this title". 
(2) Section 3101(cXl) of title 38, United States Code, is amended by 
striking out "of subchapter I or 11". 
(3) The amendments made by paragraphs (1) and (2) shall take 
effect on October 1, 1991. 
SEC. 1405. OPEN ENROLLMENT PERIOD 
(a) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR BENEFIT 
PLAN.— 
(1) ELECTION OF SBP COVERAGE.—An eligible retired or former 
member may elect to participate in the Survivor Benefit Plan 
during the open enrollment period specified in subsection (f). 
(2) ELECTION OF SUPPLEMENTAL ANNUITY COVERGE.—An eli-
gible retired or former member who elects under paragraph (1) 
to participate in the Survivor Benefit Plan may also elect 
during the open enrollment period to participate in the Supple-
mental Survivor Benefit Plan established under subchapter III 
of chapter 73 of title 10, United States Code, as added by section 
- 1404. 
(3) EUGIBLE RETIRED OR FORMER MEMBER.—For purposeS of 
paragraphs (1) and (2), an eligible retired or former member is a 
member or former member of the uniformed services who on 
the day before the first day of the open enrollment period is not 
a participant in the Survivor Benefit Plan and— 
(A) is entitled to retired pay; or 
(B) would be entitled to retired pay under chapter 67 of 
title 10, United States Code, but for the fact that such 
member or former member is under 60 years of age. 
(4) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS.— 
(A) STANDARD ANNUITY.—A person making an election 
under paragraph (1) by reason of eligibility under para-
graph (3XA) shall be treated for all purposes as providing a 
; 
standard annuity under the Survivor Benefit Plan. 
•
; 
(B) RESERVE-COMPONENT ANNUITY.—A person making an 
election under paragraph (1) by reason of eligibility under 
paragraph (3XB) shall be treated for all purposes as provid-
ing a reserve-component annuity under the Survivor Bene-
fit Plan. 
(b) ELECTION TO INCREASE COVERAGE UNDER SBP.—A person who 
on the day before the first day of the open enrollment period is a 
participant in the Survivor Benefit Plan but is not participating at 
the maximum base amount or is providing coverage under the Plan 
for a dependent child and not for the person's spouse or former 
spouse may, during the open enrollment period elect to— 
(1) participate in the Plan at a higher base amount (not in 
excess of the participant's retired pay); or 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1587 
(2) provide annuity coverage under the Plan for the person's 
spouse or former spouse at a base amount not less than the beise 
amount provided for the dependent child. 
(c) ELECTION FOR CURRENT S B P PARTICIPANTS TO PARTICIPATE IN 
SUPPLEMENTAL SBP.— 
(1) ELECTION.—A person who is eligible to make an election 
under this paragraph may elect during the open enrollment 
period to participate in the Supplemental Survivor Benefit Plan 
established under subchapter III of chapter 73 of title 10, United 
States Code, as added by section 1404. 
(2) PERSONS ELIGIBLE.—Except as provided in paragraph (3), a 
person is eligible to make an election under paragraph (1) if on 
the day before the first day of the open enrollment period the 
person is a participant in the Survivor Benefit Plan and under 
that Plan is providing annuity coverage for the person's spouse 
or a former spouse. 
(3) LIMITATION ON EUGIBILITY FOR CERTAIN SBP PARTICIPANTS 
NOT AFFECTED BY TWO-TIER ANNUITY COMPUTATION.—A perSOn is 
not eligible to make an election under paragraph (1) if (as 
determined by the Secretary concerned) the annuity of a spouse 
or former spouse beneficiary of that person under the Survivor 
Benefit Plan will be computed under section 1451(e) of title 10, 
United States Code. However, such a person may during the 
open enrollment period waive the right to have that annuity 
computed under such section. Any such election is irrevocable. 
A person making such a waiver may make an election under 
paragraph (1) as in the case of any other participant in the 
Survivor Benefit Plan. 
(d) MANNER OF MAKING ELECTIONS.—An election under this sec-
tion must be made in writing, signed by the person making the 
election, and received by the Secretary concerned before the end of 
the open enrollment period. Any such election shall be made subject 
to the same conditions, and with the same opportunities for designa-
tion of beneficiaries and specification of base amount, that apply 
under the Survivor Benefit Plan or the Supplemental Survivor 
Benefit Plan, as the case may be. A person making an election under 
subsection (a) to provide a reserve-component annuity shall make a 
designation described in section 1448(e) of title 10, United States 
Code. 
(e) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall be 
effective as of the first day of the first calendar month following the 
month in which the election is received by the Secretary concerned. 
(f) OPEN ENROLLMENT PERIOD DEFINED.—The open enrollment 
period is the one-year period beginning on October 1,1991. 
(g) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN TWO 
YEARS OF MAKING ELECTION.—If a person making an election under 
this section dies before the end of the two-year period beginning on 
the effective date of the election, the election is void and the amount 
of any reduction in retired pay of the person that is attributable to 
the election shall be paid in a lump sum to the person who would 
have been the deceased person's beneficiary under the voided elec-
tion if the deceased person had died after the end of such two-year 
period. 
(h) APPUCABILTTY OF CERTAIN PROVISIONS OF LAW.—The provisions 
of sections 1449, 1453, and 1454 of title 10, United States Code, are 
applicable to a person making an election, and to an election, under 
this section in the same manner as if the election were made under 
103 STAT. 1588 
PUBLIC LAW 101-189—NOV. 29, 1989 
the Survivor Benefit Plan or the Supplemental Survivor Benefit 
Plan, as the case may be. 
(i) REPORT CONCERNING OPEN SEASON.—Not later than June 1, 
1990, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
on the open season authorized by this section for the Survivor 
Benefit Plan. The report shall include— 
(1) a description of the Secretary's plans for implementation 
of the open season; 
(2) the Secretary's estimates of the costs associated with the 
open season, including any anticipated effect of the open season 
on the actuarial status of the Department of Defense Military 
Retirement Fund; and 
* 
(3) any recommendation by the Secretary for further legisla-
' 
tive action. 
10 u s e 1448 
SEC. 1406. DEFINITIONS 
;a 
' 
. 
c 
For the purpose of this title: 
(1) The term "Survivor Benefit Plan" means the program 
established under subchapter II of chapter 73 of title 10, United 
States Code. 
(2) The term "retired pay" includes retainer pay paid under 
'"• section 6330 of title 10, United States Code. 
(3) The terms "uniformed services" and "Secretary con-
cerned" have the meanings given those terms in section 101 of 
title 37, United States Code. 
SEC. 1407. MISCELLANEOUS TECHNICAL AND CLERICAL AMENDMENTS 
(a) GENERAL AMENDMENTS.—Subchapter II of chapter 73 of title 
10, United States Code, is amended as follows: 
(1) Section 1447 is amended— 
(A) in paragraph (5), by striking out "this clause" both 
places it appears and inserting in lieu thereof "this 
' paragraph"; 
(B) in paragraph (11), by inserting "paid under section 
6330 of this title" after "retainer pay'^ and 
(C) by adding at the end the following new paragraph: 
"(14) The term 'reserve-component retired pay' means retired 
pay under chapter 67 of this title.". 
(2) Sections 1447(2XB), 1447(2XCXii), 1448(aXlXB), 1448(aX2XB), 
1448(f)(lXA), 1448(fKlXB), and 1450(1X1) are amended by striking 
out "retired pay under chapter 67 of this title" and inserting in 
lieu thereof' reserve-component retired pay". 
(3) Sections 1447(2XCXi), 1447(3), 1447(4), 1448(aX4XA), 1449, 
and 1450(1X2) are amended by striking out "or retainer". 
* 
(4) Section 1450(fK3XB) is amended— 
(A) by striking out "before October 1, 1985, or"; and 
(B) by striking out ", whichever is later". 
(5) Section 1451(cX4) is amended by inserting "by reason of the 
• 
service of a person who first became a member of a uniformed 
service before September 8,1980" after "of this title". 
(6) Section 1451(e)(1) is cimended by striking out "plan" in the 
matter preceding subparagraph (A) and inserting in lieu thereof 
"^ 
"Plan". 
(7) Section 1451(eXlXB) is amended— 
• 
(A) by striking out "is" each place it appears and insert-
-'-• *
* ing in lieu thereof "was"; 
-
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1589 
(B) by striking out "has" in clause (ii) and inserting in 
lieu thereof "had"; and 
(C) by striking out "would be" in clause (iii) and inserting 
in lieu thereof' would have been". 
(8) Section 1451(eX2) is amended by striking out "(as the base 
amount is adjusted from time to time under section 1401a of 
this title)" in subparagraphs (A) and (B). 
(9) Section 1452(h) is amended— 
(A) by inserting "(or any other provision of law)" after "of 
this title" the first place it appears; and 
(B) by striking out "increased under section 1401a of this 
title" and inserting in lieu thereof "so increased". 
(lOXA) The heading of section 1454 is amended to read as 
follows: 
"§ 1454. Correction of administrative errors". 
(B) The item relating to that section in the table of sections at 
the beginning of that subchapter is amended to read as follows: 
"1454. Correction of administrative errors.". 
0)) PARITY OF TREATMENT OF FORMER SPOUSES AND SURVIVING 
SPOUSES.—(1) Section 1451(e) of title 10, United States <I!ode, is 
amended by inserting "or former spouse" in paragraphs (3XA) and 
(4XA) after "widow or widower". 
(2) The amendments made by paragraph (1) shall apply only with 
10 USC 1451 
respect to the computation of an annuity for a person who becomes a "°^®-
former spouse under a divorce that becomes fined after the date of 
the enactment of this Act. 
TITLE XV—MILITARY CHILD CARE 
Military Child 
Care Act of 1989. 
SEC. 1501. SHORT TITLE; DEFINITIONS 
(a) SHORT TITLE.—This title may be cited as the "Military Child 
Care Act of 1989". 
(b) DEFINITIONS.—For purposes of this title: 
(1) The term "military child development center" means a 
facility on a military installation (or on property under the 
jurisdiction of the commander of a military installation) at 
which child care services are provided for members of the 
Armed Forces or any other facility at which such child care 
services are provided that is operated by the Secretary of a 
military department. 
(2) The term "family home day care" means home-based child 
care services that are provided for members of the Armed 
Forces by an individual who (A) is certified by the Secretary of 
the military department concerned as qualified to provide those 
services, and (B) provides those services on a regfular basis for 
compensation. 
(3) The term "child care employee" means a civilian employee 
of the Department of Defense who is employed to work in a 
military child development center (regardless of whether the 
employee is paid from appropriated funds or nonappropriated 
funds). 
(4) The term 
"child care fee receipts" means 
those 
nonappropriated funds that are derived from fees paid by mem-
bers of the Armed Forces for child care services provided at 
military child development centers. 
10 u s e 113 note. 
103 STAT. 1590 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 1502. FUNDING FOR MILITARY CHILD CARE FOR FISCAL YEAR 1990 
(a) FISCAL YEAR 1990 FUNDING.—(1) It is the policy of Congress 
that the amount of appropriated funds available during fiscal year 
1990 for operating expenses for military child development centers 
shall not be less than the amount of child care fee receipts that are 
estimated to be received by the Department of Defense during that 
fiscal year. Of the amount authorized to be appropriated for the 
Department of Defense for fiscal year 1990, $102,000,000 shall be 
available for operating expenses for military child development 
centers. 
(2) In addition to the amount referred to in paragraph (1), 
$26,000,000 shall be available for child care and child-related serv-
ices of the Department other than military child development cen-
ters. 
(3) In using the funds referred to in paragraph (1), the Secretary 
shall give priority to— 
(A) increasing the number of child care employees who are 
directly involved in providing child care for members of the 
Armed Forces; and 
(B) expanding the availability of child care for members of the 
Armed Forces, 
O
t
>
) FUNDS DERIVED FROM PARENT FEES TO BE USED FOR EMPLOYEE 
- 
COMPENSATION AND OTHER CHILD CARE SERVICES,—(1) Except as 
a provided in paragraph (2), child care fee receipts may be used during 
fiscal year 1990 only for compensation of child care employees who 
are directly involved in providing child care, 
(2) If the Secretary of Defense determines that compliance with 
,;.. 
the limitation in paragraph (1) would result in an uneconomical and 
1 
inejfficient use of such fee receipts, the Secretary may (to the extent 
that such compliance would be uneconomical and inefficient) use 
such receipts— 
(A) first, for the purchase of consumable or disposable items 
for military child development centers; and 
(B) if the requirements of such centers for consumable or 
disposable items for fiscal year 1990 have been met, for other 
expenses of those centers. 
(c) REPORT.—(1) Not later than December 31, 1989, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on how the Secretary 
intends to use the funds referred to in subsection (a), including how 
the Secretary intends to achieve the priorities specified in para-
graph (3) of that subsection. 
(2) If at the time such report is submitted the Secretary proposes 
to use the authority provided by subsection 0>X2), the Secretary shall 
include in the report under paragraph (1) a description of the use 
proposed to be made of that authority and a statement of the 
reasons why the Secretary determined that compliance with the 
limitation in subsection flaXD would result in an uneconomical and 
inefficient use of child care fee receipts, tt^ether with supporting 
cost information and other information justifying the determina-
tion. 
(3) K the Secretary uses such authority after December 31, 1989, 
the Secretary shall promptly inform the committees of the use of the 
authority and of the reasons for its use. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1591 
SEC. 1503. CHILD CARE EMPLOYEES 
(a) REQUIRED TRAINING.—(1) The Secretary of Defense shall estab- Regulations. 
lish, and prescribe regulations to implement, a training program for 
child care employees. Those regulations shall apply uniformly 
among the military departments. Subject to parsigraph (2), satisfac-
tory completion of the training program shall be a condition of 
employment of any person as a child care employee. 
(2) Under those regulations, the Secretary shall require that each 
child care employee complete the training program not later than 
six months after the date on which the employee is employed as a 
child care employee (except that, in the case of a child care em-
ployee hired before the date on which the training program is 
established, the Secretary shall require that the employee complete 
the program not later than six months after that date). 
(3) The training program established under this subsection shall 
cover, at a minimum, training in the following: 
(A) Early childhood development. 
(B) Activities and disciplinary techniques appropriate to chil-
dren of different ages. 
(C) Child abuse prevention and detection. 
(D) Cardiopulmonary resuscitation and other emergency 
medical procedures. 
(b) TRAINING AND CURRICULUM SPECIAUSTS.—(1) The Secretary of 
Defense shall require that at least one employee at each military 
child development center be a specialist in training and curriculum 
development. The Secretary shall ensure that such employees have 
appropriate credentials and experience. 
(2) The duties of such employees shall include the following: 
(A) Special teaching activities at the center. 
(B) Daily oversight and instruction of other child care em-
ployees at the center. 
(C) Daily assistance in the preparation of lesson plans. 
(D) Assistance in the center's child abuse prevention and 
detection program. 
(E) Advising the director of the center on the performance of 
other child care employees. 
(3) Each employee referred to in paragraph (1) shall be an em-
ployee in a competitive service position. 
(c) PROGRAM TO TEST COMPETITIVE RATES OF PAY.—(1) For 
the 
purpose of improving the capability of the Department of Defense to 
provide military child development centers with a qualified and 
stable civilian workforce, the Secretary of Defense shall conduct a 
program as provided in this subsection to increase the compensation 
of child care employees. The Secretary shall begin the program not 
later than six months after the date of the enactment of this Act. 
The program shall be in effect for a period of at least two years. 
(2) The program shall apply to all child care employees who— 
(A) are directly involved in providing child care; and 
(B) are paid from nonappropriated funds. 
(3) Under the program, child care employees at a military installa-
tion who are described in paragraph (2) shall be paid— 
(A) in the case of entry-level employees, at rates of pay 
competitive with the rates of pay paid to other entry-level 
employees at that installation who are drawn from the same 
labor pool; and 
103 STAT. 1592 
PUBLIC LAW 101-189—NOV. 29, 1989 
(B) in the case of other employees, at rates of pay substan-
tially equivalent to the rates of pay paid to other employees at 
that installation witib similar training, seniority, and experi-
ence. 
(d) 
EMPLOYMENT PREFERENCE TEST 
PROGRAM FOR MILITARY 
SPOUSES.—(1) The Secretary of Defense shall conduct a test program 
under which quedified spouses of members of the Armed Forces shall 
be given a preference in hiring for the position of child care em-
ployee in a position paid from nonappropriated funds if the spouse is 
among persons determined to be best qualified for the position. A 
spouse who is provided a preference under this subsection at a 
military child development center may not be precluded from 
obtaining another preference, in accordance with section 806 of the 
Military Family Act of 1985 (10 U.S.C. 113 note), in the same 
geographical area as the military child development center. 
(2) The test program under this subsection shall run concurrently 
with the program under subsection (c). 
(e) REPORT ON COMPENSATION AND SPOUSE EMPLOYMENT PREF-
ERENCE PROGRAMS.—Not later than March 1, 1991, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the programs 
under subsections (c) and (d). The report shall include the findings of 
the Secretary concerning the effect of each of the programs on the 
quality of child care provided in military child development centers 
and the effect of the spouse emplojonent preference program on 
employee turnover at such centers. 
(f) ADDITIONAL CHILD CARE POSITIONS.—(1) The Secretary of De-
fense shall make available for child care programs of the Depart-
ment of Defense, not later than September 30, 1990, at least 1,000 
competitive service positions in addition to the number of competi-
tive service positions in such programs as of September 30, 1989. 
During fiscal year 1991, the Secretary shall make available to child 
care programs of the Department additional competitive service 
positions so that the number of competitive service positions in such 
programs as of September 30, 1991, is at least 3,700 greater than the 
number of competitive service positions in such programs as of 
September 30,1989. 
(2) The Secretary may waive the increase otherwise required by 
the second sentence of paragraph (1) to the extent that the Secretary 
Reports. 
determines that such increase is not executable. If the Secretary 
issues such a waiver, the Secretary shall promptly submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on the waiver. Any such report shedl specify 
the number of such positions waived and the reasons for the weiiver. 
(3) The additional positions provided for in paragraph (1), and the 
workyears associated with those positions, that are used outside the 
United States shall not be counted for purpose of applying any 
limitation on the total number of positions or workyears, respec-
tively, available to the Department of Defense outside the United 
States (or any limitation on the availability of appropriated funds 
for such positions or workyears for any fiscal year). 
(g) (DOMPETITIVE SERVICE POSITION DEFINED.—For purposes of this 
section, the term "competitive service position" means a position in 
the competitive service, as defined in section 2102(aXl) of title 5, 
United States (Dode. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1593 
Communications 
and telecom-
munications. 
SEC. 1504. PARENT FEES 
The Secretary of Defense shall prescribe regulations establishing Regulations. 
fees to be charged parents for the attendance of children at military 
child development centers. Those regulations shall be uniform for 
the military departments and shall require that, in the case of 
children who attend the centers on a regular basis, the fees shall be 
based on family income. 
SEC. 1505. CHILD ABUSE PREVENTION AND SAFETY AT FACILITIES 
(a) CHILD ABUSE TASK FORCE.—The Secretary of Defense shall 
Establishment. 
establish and maintain a special task force to respond to allegations 
of widespread child abuse at a military installation. The task force 
shall be composed of personnel from appropriate disciplines, includ-
ing, where appropriate, medicine, psychology, and childhood devel-
opment. In the case of such allegations, the task force shall provide 
assistance to the commander of the installation, and to parents at 
the installation, in helping them to deal with such allegations. 
(b) NATIONAL HOTUNE.—(1) The Secretary of Defense shall estab-
lish and maintain a national telephone number for persons to use to 
report suspected child abuse or safety violations at a military child 
development center or family home day care site. The Secretary 
shall ensure that such reports may be made anonjnnously if so 
desired by the person making the report. The Secretary shall estab-
lish procedures for following up on complaints and information 
received over that number. 
(2) The Secretary shall establish such national telephone number 
Effective date. 
not later than 90 days after the date of the enactment of this Act 
and shall publicize the existence of the number. 
(c) ASSISTANCE FROM LOCAL AUTHORITIES.—The Secretary of De- 
Regulations. 
fense shall prescribe regulations requiring that, in a case of allega-
tions of child abuse at a military child development center or family 
home day care site, the commander of the military installation or 
the head of the task force established under subsection (a) shall seek 
the assistance of local child protective authorities if such assistance 
is available. 
(d) SAFETY REGULATIONS.—The Secretary of Defense shall pre-
scribe regulations on safety and operating procedures at military 
child development centers. Those regulations shall apply uniformly 
among the military departments. 
(e) INSPECTIONS.—The Secretary of Defense shall require that each 
military child development center be inspected not less often than 
four times a year. Each such inspection shall be unannounced. At 
least one inspection a year shall be carried out by a representative 
of the installation served by the center, and one inspection a year 
shall be carried out by a representative of the major command 
under which that installation operates. 
(f) REMEDIES FOR VIOLATIONS.—(1) Except as provided in para-
graph (2), any violation of a safety, health, or child welfare law or 
regulation (discovered at an inspection or otherwise) at a military 
child development center shall be remedied immediately. 
(2) In the case of a violation that is not life threatening, the 
commander of the major command under which the installation 
concerned operates may waive the requirement that the violation be 
remedied immediately for a period of up to 90 days beginning on the 
date of the discovery of the violation. If the violation is not remedied 
as of the end of that 90-day period, the military child development 
center shall be closed until the violation is remedied. The Secretary 
103 STAT. 1594 
PUBLIC LAW 101-189—NOV. 29, 1989 
Reports. 
Establishment. 
of the military department concerned may waive the preceding 
sentence and authorize the center to remain open in a case in which 
the violation cannot reasonably be remedied within that 90-day 
period or in which major facility reconstruction is required. 
(3) If a military child development center is closed vmder para-
graph (2), the Secretary of the military department concerned shall 
promptly submit to the Conunittees on Armed Services of the 
Senate and House of Representatives a report notifying those 
committees of the closing. THie report shall include— 
(A) notice of the violation that resulted in the closing and the 
cost of remedying the violation; and 
(B) a statement of the reasons why the violation has not been 
remedied as of the time of the report. 
(g) REPORT ON COOPERATION WITH DEPARTMENT OF JUSTICE.—(1) 
The Secretary of Defense, in consultation with the Attorney Gen-
eral, shall study matters relating to military child care that are of 
concern to the Department of Justice. The matters studied shall 
include the foUowing: 
(A) Improving communication between the Department of 
Defense and the Department of Justice in investigations of child 
abuse in military progranxa and in the coordination of the 
conduct of such investigations. 
(B) Eliminating overlapping responsibilities between the two 
departments. 
(O Making better use of government and non-government 
experts in child abuse investigations and prosecutions. 
(D) Improving communication with affected families by the 
Department of Defense, the Department of Justice, and appro-
priate State and local agencies. 
(2) Not later than six months after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a report 
on the study required by paragraph (1). The report shall include 
recommendations on methods for improving the matters studied. 
(3) Not later than nine months after the date of the enactment of 
this Act, the Comptroller General of the United States shall submit 
to Congress a report evaluating the findings in the report submitted 
under paragraph (2). 
SEC 1506. PARENT PARTNERSHIPS WITH CHILD DEVELOPMENT CENTERS 
(a) PARENT BOARDS.—The Secretary of Defense shall require that 
there be established at each military child development center a 
board of parents, to be composed of parents of children attending the 
center. The board shall meet periodically with staff of the center 
and the commander of the installation served by the center for the 
purpose of discussing problems and concerns. The board, together 
with the staff of the center, shall be responsible for coordinating the 
parent participation program described in subsection (b). 
ft)) PARENT PARTICIPATION PROGRAMS.—The Secretary of Defense 
shall require the establishment of a parent participation program at 
each military child development center. As part of such program, 
the Secretary of Defense may establish fees for attendance of chil-
dren at such a center, in the case of parents who participate in the 
parent participation program at that center, at rates lower than the 
rates that otherwise apply. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1595 
SEC. 1507. REPORT ON FIVE-YEAR DEMAND FOR CHILD CARE 
(a) REPORT REQUIRED.—Not later than six months after the date of 
the enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the expected demand for child care by military 
and civilian personnel of the Department of Defense during fiscal 
years 1991 through 1995. 
0>) PLAN TOR MEETING DEMAND.—The report shall include— 
(1) a plan for meeting the expected child care demand identi-
fied in the report; and 
(2) an estimate of the cost of implementing that plan. 
(c) MONITORING OF FAMILY DAY CARE PROVIDERS.—The report 
shall also include a description of methods for monitoring family 
home day care programs of the military departments. 
SEC. 1508. SUBSIDIES FOR FAMILY HOME DAY CARE 
The Secretary of Defense may use appropriated funds available 
for military child care purposes to provide assistance to family home 
day care providers so that family home day care services can be 
provided to members of the Armed Forces at a cost comparable to 
the cost of services provided by military child development centers. 
The Secretary shall prescribe regulations for the provision of such 
Regulations, 
assistance. 
SEC. 1509. EARLY CHILDHOOD EDUCATION DEMONSTRATION PROGRAM 
(a) DEMONSTRATION PROGRAM FOR ACCREDITED CENTERS.—(1) 
The 
Secretary of Defense shall carry out a program to demonstrate the 
effect on the development of preschool children of requiring that 
military child development centers meet standards of operation 
necessary for accreditation by an appropriate national early child-
hood progreuns accrediting body. To carry out such demonstration 
program, the Secretary shall ensure that not later than June 1, 
1991, at least 50 military child development centers are accredited 
by such an appropriate national early childhood accrediting body. 
(2) Each military child development center so accredited shall be 
designated as an early childhood education demonstration project 
and shall serve as a program model for other military child develop-
ment centers and family home day care providers at military 
installations. 
flj) PLAN FOR IMPLEMENTATION.—Not later than April 1, 1990, the 
Secretary shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a plan for carrying out the 
requirements of subsection (a). 
(c) EVALUATION.—The Secretary shall obtain an independent 
evaluation of the demonstration program carried out under subsec-
tion (a) to determine the extent to which the imposition of a 
requirement that military child development centers meet accredi-
tation standards effectively promotes the development of preschool 
children of members of the Armed Forces. The Secretary shall Reports. 
report the results of the evaluation to Congress, together with such 
comments and recommendations as the Secretary considers appro-
priate, not later than July 15,1992. 
SEC. 1510. DEADLINE FOR REGULATIONS 
Regulations required to be prescribed by this title shell be pre-
scribed not later than 90 days after the date of the enactment of this 
Act. 
103 STAT. 1596 
PUBLIC LAW 101-189—NOV. 29, 1989 
TITLE XVI—GENERAL PROVISIONS 
PART A—FINANCIAL AND BUDGET MATTERS 
- ., 
SEC. 1601. TRANSFER AUTHORITY 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in this 
division for fiscal year 1990 between any such authorizations (or any 
subdivisions thereof). Amounts of authorizations so transferred shall 
be merged with and be available for the same purposes as the 
authorization to which transferred. 
(2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may not 
exceed $3,000,000,000. 
(b) LIMITATIONS.—The authority provided by this section to trans-
fer authorizations— 
(1) may only be used to provide authority for items that have 
, 
a higher priority than the items from which authority is trans-
, , 
., ferred; and 
(2) may not be used to provide authority for an item that has 
been denied authorization by Congress. 
(c) EFFECT ON OBLIGATION LIMITATIONS.—A transfer made under 
the authority of this section increases by the amount of the transfer 
the obligation limitation provided in this division on the account (or 
other amount) to which the transfer is made. 
(d) 
NOTICE TO (DONGRESS.—The Secretary of Defense 
shall 
promptly notify (Dongress of transfers made under the authority of 
this section. 
SEC. 1602. RESTATEMENT AND CLARIFICATION OF REQUIREMENT FOR 
CONSISTENCY IN THE BUDGET PRESENTATIONS OF THE 
DEPARTMENT OF DEFENSE 
(a) RESTATEMENT AND CLARIFICATION.—(1) Chapter 2 of title 10, 
United States (Dode, is amended by inserting after section 114 the 
following new section: 
"§ 114a. Five-Year Defense Program: submission to Congress; 
consistency in budgeting 
"(a) The Secretary of Defense shall submit to Congress each year, 
at or about the time that the President's budget is submitted to 
Congress that year under section 1105(a) of title 31, the current five-
year defense program (including associated annexes) reflecting the 
estimated expenditures and proposed appropriations included in 
that budget. 
"(bXD The Secretary of Defense shall ensure that amounts de-
scribed in subparagraph (A) of paragraph (2) for any fiscal year are 
consistent with amounts described in subparagraph (B) of paragraph 
(2) for that fiscal year. 
"(2) Amounts referred to in paragraph (1) are the following: 
"(A) The amounts specified in program and budget informa-
tion submitted to (Dongress by the Secretary in support of 
expenditure estimates and proposed appropriations in the 
< 
budget submitted to (Dongress by the President under section 
" 
1105(a) of title 31 for any fiscal year, as shown in the five-year 
defense program submitted pursuant to subsection (a). 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1597 
"(B) The total amounts of estimated expenditures and pro-
posed appropriations necessary to support the programs, 
projects, and activities of the Department of Defense included 
pursuant to paragraph (5) of section 1105(a) of title 31 in the 
budget submitted to Congress under that section for any fiscal 
year. 
"(c) Nothing in this section shcdl be construed to prohibit the 
inclusion in the five-year defense program of amounts for manage-
ment contingencies, subject to the requirements of subsection (b).". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 114 the 
following new item: 
"114a. Five-Year Defense Program: submission to Congress; consistency in budget-
ing.". 
O
t
>
) (DoNFORMiNG AMENDMENT.—Section 114 of title 10, United 
States Code, is £imended by striking out subsections (f) and (g). 
SEC. 1603. LIMITATION ON RESTORATION OF WITHDRAWN UNOBLIGATED 
BALANCES 
(a) (DoNDiTiONS ON RESTORATION.—(1) Chapter 165 of title 10, 
United States (Dode, is amended by adding at the end the following 
new section: 
"§ 2782. Unobligated balances withdrawn from availability for 
obligation: limitations on restoration 
"(aXD If a defense funds restoral to provide funds f
c
H
- a program, 
*' 
project, or activity to cover amounts required for late contract 
changes would cause the the total amount of such restorals during a 
fiscal year for late contract changes for that program, project or 
activity to exceed $4,000,000, the restoral action may only be carried 
out i
f
— 
"(A) the Secretary of the military department concerned, or 
the Secretary of Defense, with respect to a program, project, or 
activity administered by a Defense Agency, determines that 
such action is necessary to pay obligations and make adjust-
ments under an existing contract; and 
"(B) the action is approved by the Secretary of Defense (or an 
officer of the Department of Defense within the Office of the 
Secretary of Defense to whom the Secretary has delegated the 
authority to approve such an action). 
"(2) A contract change shall be considered to be a late contract 
change for purposes of paragraph (1) if it is made after the end of the 
period of availability for obligation of the account to which funds are 
to be restored under the restoral action. 
"(b) In a case in which any defense funds restoral to provide funds 
for a program, project, or activity of the Department of Defense 
would cause the total amount so restored during a fiscal year for 
that program, project or activity to exceed $25,000,000, the restoral 
action may not be taken until— 
"(1) the Secretary of Defense submits to the Committees on 
Armed Services and the C!ommittees on Appropriations of the 
Senate and House of Representatives a notice in writing of the 
intent to restore such funds, together with a description of the 
legal basis for the proposed action and the policy reasons for the 
proposed action; and 
"(2) a period of 30 days has elapsed after the notice is 
submitted. 
103 STAT. 1598 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(c) In this section: 
"(1) The term 'defense funds restoral' means a restoration of 
funds authorized by section 1552(aX2) of title 31 to an appropria-
tion account of the Department of Defense. 
"(2) The term 'contract change' meems a change to a contract 
under which the contractor is required to perform additional 
work. Such term does not include adjustments to pay claims or 
increases under a so-called 'escalation clause'.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2782. Unobligated balances withdrawn from availability for obligation: limitations 
on restoration.". 
(b) REPORT ON STATUS OF AIR FORCE FUNDS IN TREASURY M 
ACCOUNT.—The Secretary of Defense shall submit to the congres-
sional defense committees a report on the status of the availability 
of expired or lapsed funds of the Department of the Air Force in the 
Department of Treasury Account faiown as the "M Account". The 
report shall include an accounting of all funds for the B-IB aircraft 
program that have been transferred to that account and the amount 
of those funds that have been withdrawn or obligated from that 
account. The report shall be submitted concurrently with the 
submission to Congress of the budget for fiscal year 1991. 
31 u s e 1531 
SEC. 1604. PROHIBITION ON TRANSFER OF FUNDS TO OTHER DEPART-
note. 
MENTS AND AGENCIES 
Funds made available pursuant to this or any other Act for 
military functions of the Department of Defense may not be made 
available to any other department or agency of the Federal Govern-
ment pursuant to a provision of law enacted after the date of the 
enactment of this Act unless, not less than 30 dajrs before such funds 
are made available to such other department or agency, the Sec-
retary of Defense submits to the congressional defense committees a 
report describing the effect on military preparedness of making such 
funds available to such department or agency. 
SEC. 1605. AUTHORITY 
TO TRANSFER 
FUNDS TO DEPARTMENT 
OP 
ENERGY 
(a) TRANSFERS FOR ATOMIC ENERGY DEFENSE ACTTVITIES.—During 
fiscal year 1990, the Secretary of Defense may transfer to the 
Department of Energy, from funds appropriated to the Department 
of Defense, such sums (not to exceed $135,000,000) as the Secretary 
of Defense and the Secretary of Energy, with the approval of the 
President, determine are necessary for Atomic Energy Defense 
Activities. Funds so transferred shall be merged with, and shall be 
available for the same time period as, the appropriation account to 
which transferred. 
(b) CONGRESSIONAL NOTICE-AND-WAIT.—A transfer may not be 
made under subsection (a) until— 
(1) the Secretary of Defense notifies the Committees on 
Armed Services and the (Dommittees on Appropriations of the 
Senate and House of Representatives in writing of the proposed 
transfer and of the source of the funds for the proposed transfer; 
and 
(2) a period of 30 days elapses after the notice is received by 
those committees. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1599 
SEC. 1606. ONE-YEAR DELAY IN ANY CHANGE IN POLICY RESPECTING 
REIMBURSEMENT OF DEPARTMENT OF DEFENSE FUNDS FOR 
SALARIES OF MEMBERS OF THE ARMED FORCES ASSIGNED 
TO DUTY IN CONNECTION WITH FOREIGN MILITARY SALES 
PROGRAMS 
(a) ONE-YEAR DELAY.—Charges for administrative services cal-
culated under section 21(e) of the Arms Export Control Act (22 
U.S.C. 2761(e)) in connection with the sale of defense articles or 
defense services may not exclude recovery of administrative ex-
penses incurred by the Department of Defense before October 1, 
1990, that are attributable to sedaries of members of the Armed 
Forces if the recovery of such administrative expenses would have 
been allowed under the law in effect on September 30, 1989. Re-
imbursement of Department of Defense military personnel appro-
priation accounts for the value of services provided during fiscal 
year 1990 in connection with the sale of defense articles or defense 
services may not be denied or limited except to the extent permitted 
under the law in effect on September 30,1989. 
O
b
) STATUTORY CONSTRUCTION.—A provision of law enacted after 
the date of the enactment of this Act may not be construed as 
modifying or superseding this section unless that provision specifi-
cally refers to this section and specifically states that such provision 
of law modi^es or supersedes this section. 
SEC. 1607. REPAIR AND REPLACEMENT OF PROPERTY OF THE DEPART-
MENT OF DEFENSE DAMAGED OR DESTROYED BY HURRI-
CANE HUGO 
(a) Subject to subsection (b), the Secretary of Defense may take 
such action as he considers necessary to repair damage to real 
property, facilities, equipment, and other property of the Depart-
ment of Defense caused by hurricane Hugo in September 1989 or to 
replace any such property damaged beyond economical repair by 
that hurricane. 
(b) The authority of the Secretary under subsection (a) is subject to 
the availability of appropriations that may be used for the purposes 
described in such subsection. 
PART B—NAVAL VESSELS AND SHIPYARDS 
SEC. 1611. IDENTIFICATION AND HANDLING OF HAZARDOUS WASTES IN 
NAVAL SHIP REPAIR WORK 
(a) REVISION OF REQUIRED (DONTRACT PROVISIONS.—Section 7311 of 
title 10, United States diode, is amended to read as follows: 
"§ 7311. Repair or maintenance of naval vessels: handling of 
hazardous waste 
"(a) CONTRACTUAL F*ROVISIONS.—The Secretary of the Navy shall 
ensure that each contract entered into for work on a naval vessel 
(other than new construction) includes the following provisions: 
"(1) IDENTIFICATION OF HAZARDOUS WASTES.—A provision in 
which the Navy identifies the t)rpes and amounts of hazardous 
wastes that are required to be removed by the contractor from 
x 
the vessel, or that are expected to be generated, during the 
performance of work under the contract, with such identifica-
tion by the Navy to be in a form sufficient to enable the 
contractor to comply with Federal and State laws and regula-
103 STAT. 1600 
PUBLIC LAW 101-189—NOV. 29, 1989 
tions on the removal, handling, storage, transportation, or dis-
posal of hazardous waste. 
"(2) COMPENSATION.—A provision specifying that the contrac-
tor shall be compensated under the contract for work performed 
by the contractor for duties of the contractor specified under 
paragraph (3). 
"(3) STATEMENT OF WORK.—A provision specifying the respon-
sibilities of the Navy and of the contractor, respectively, for the 
removal (including the handling, storage, transportation, and 
disposal) of hazardous wastes. 
(4) ACCOUNTABHITY FOR HAZARDOUS WASTES.—(A) A provision 
specifying the following: 
"(i) In any case in which the Navy is the sole generator of 
hazardous waste that is removed, handled, stored, trans-
ported, or disposed of by the contractor in the performance 
of the contract, all contracts, manifests, invoices, and other 
( 
documents related to the removal, handling, storage, 
transportation, or disposal of such hazardous waste shall 
bear a generator identification number issued to the Navy 
pursuant to applicable law. 
"(ii) In any case in which the contractor is the sole 
generator of hazardous waste that is removed, handled, 
stored, transported, or disposed of by the contractor in the 
performance of the contract, all contracts, manifests, in-
voices, and other documents related to the removal, han-
dling, storage, transportation, or disposal of such hazardous 
waste shall bear a generator identification number issued 
to the contractor pursuant to applicable law. 
"(iii) In any case in which both the Navy and the contrac-
tor are generators of hazardous waste that is removed, 
handled, stored, transported, or disposed of by the contrac-
tor in the performance of the contract, all contracts, mani-
fests, invoices, and other documents related to the removal, 
handling, storage, transportation, or disposal of such 
hazardous waste shall bear both a generator identification 
number issued to the Navy and a generator identification 
number issued to the contractor pursuant to applicable law. 
"(B) A determination under this paragraph of whether the 
Navy is a generator, a contractor is a generator, or both the 
Navy and a contractor are generators, shall be made in the 
same manner provided under subtitle C of the Solid Waste 
Disposal Act (42 U.S.C. 6921 et seq.) and regulations promul-
gated under that subtitle. 
"(b) RENEGOTIATION OF CONTRACT.—The Secretary of the Navy 
shall renegotiate a contract described in subsection (a) if— 
"(1) the contractor, during the performance of work under the 
contract, discovers hazardous wastes different in type or 
amount from those identified in the contract; and 
"(2) those hazardous wastes originated on, or resulted from 
material furnished by the Government for, the naval vessel on 
which the work is being performed. 
"(c) REMOVAL OF WASTES.—The Secretary of the Navy shall 
remove known hazardous wastes from a vessel before the vessel's 
arrival at a contractor's facility for performance of a contract, to the 
extent such removal is feasible. 
"(d) RELATIONSHIP TO SOLID WASTE DISPOSAL ACT.—Nothing in this 
section shall be construed as altering or otherwise affecting those 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1601 
provisions of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
that relate to generators of hazardous waste. For purposes of this 
section, any term used in this section for which a definition is 
provided by the Solid Waste Disposal Act (or regulations promul-
gated pursusint to such Act) has the meaning provided by that Act 
or regulations.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) lo use 7311 
shall apply with respect to any contract for work on a naval vessel 
^°^-
(other than new construction) entered into after the end of the 90-
day period beginning on the date of the enactment of this Act. 
SEC. 1612. PROGRESS 
PAYMENTS 
UNDER 
NAVAL 
VESSEL 
REPAIR 
CONTRACTS 
Section 7312 of title 10, United States (Dode, is amended— 
(1) by striking out "90 percent" and "85 percent" in subsec-
tion (a) and inserting in lieu thereof "95 percent" and "90 
percent", respectively; and 
(2) by striking out "(other than a nuclear-powered vessel) for 
work required to be performed in one year or less" in subsec-
tion (b). 
SEC. 1613. FUNDING FOR SHIP PRODUCTION ENGINEERING 
10 USC 7291 
(a) CATEGORY FOR FUNDING.—Any request submitted to (Dongress 
"° " 
for appropriations for ship production engineering necessary to 
support the procurement of any ship included (at the time the 
request is submitted) in the five-year shipbuilding and conversion 
plan of the Navy shall be set forth in the Shipbuilding and (Conver-
sion account of the Navy (rather than in research and development 
accounts). 
Ot)) APPLICABIUTY.—Subsection (a) shall apply only with respect to 
appropriations for a fiscal year after fiscal year 1990. 
SEC. 1614. DEPOT-LEVEL MAINTENANCE OF SHIPS HOMEPORTED IN 
JAPAN 
(a) REQUIREMENT THAT (DERTAIN WORK BE PERFORMED IN UNITED 
lO USC 7291 
STATES.—The Secretary of the Navy shall require that, to the extent 
"°*®-
feasible and consistent with policies of the Navy regarding family 
-^ 
separations, not less than one-half of the depot-level maintenace 
work described in subsection (b) (measured in cost) shall be carried 
out in shipyards in the United States (including the territories of the 
United States). 
(b) WORK (DOVERED.—Depot-level maintenance work referred to in 
subsection (a) is depot-level maintenance work for naval vessels that 
is scheduled as of October 1, 1989, to be carried out in Japan during 
fiscal years 1990,1991, and 1992. 
(c) CONFORMING REPEAL.—Section 1226 of Public Law 100-456 (102 
Stat. 2055) is repealed. 
10 USC 7291 
note. 
SEC. 1615. REPORT ON ALTERNATIVES TO NAVY OXYGEN BREATHING 
APPARATUS FOR SHIPBOARD FIREFIGHTING 
(a) STUDY.—The Secretary of the Navy shall evaluate alternatives 
to the Oxygen Breathing Apparatus (OBA) of the Navy used in 
shipboard firefighting. The evaluation shall include consideration 
of— 
(1) firefighting breathing devices which are used by other 
government agencies; 
103 STAT. 1602 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) firefighting breathing devices which are commercially 
available; and 
(3) undeveloped technologies which could lead to the develop-
ment of a more effective breathing device for shipboard fire-
fighting. 
0?) CRITERIA.—In performing the evaluation under subsection (a), 
the Secretary shall consider the following criteria for firefighting 
breathing devices: 
(1) Uninterrupted breathing duration. 
(2) Adaptability to shipboard space limitations. 
(3) Portability in use. 
(4) Training requirements for effective use. 
(5) Cost. 
(6) Availability. 
(c) REPORT.—(1) The Secretary shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
on the evaluation under subsection (a). The report shall include an 
acquisition plan for providing an improved breathing apparatus for 
shipboard firefighting as soon as possible. In preparing that plan, 
the Secretary shall consider the use of any available expedited 
research and development and acquisition procedures. 
(2) The report shsdl be submitted no later than 180 days after the 
date of the enactment of this Act. 
SEC. 1616. STRIPPING OF NAVAL VESSELS TO BE USED FOR EXPERI-
MENTAL PURPOSES 
Section 7306 of title 10, United States Code, is amended— 
(1) by inserting "(a)" before "The Secretary of the Navy,"; and 
(2) by adding at the end the following: 
"OJXD Before using any vessel for an experimental purpose pursu-
ant to this section, the Secretary shall carry out such stripping of 
the vessel as is practicable. 
"(2) Amounts received as a result of stripping of vessels pursuant 
to this subsection shall be credited to applicable appropriations 
available for the procurement of scrapping services under this 
subsection, to the extent necessary for the procurement of those 
services. Amounts received which are in excess of amounts nec-
essary for procuring those services shall be deposited into the 
general fund of the Treasury. 
"(3) In providing for stripping of a vessel pursuant to this subsec-
tion, the Secretary shall ensure that such stripping does not destroy 
or diminish the structural integrity of the vessel.". 
PART C—TECHNICAL CORRECTIONS AND GENERAL TECHNICAL AND 
CLERICAL AMENDMENTS 
SEC. 1621. TECHNICAL AMENDMENTS TO CONFORM REFERENCES TO CRE-
ATION OF DEPARTMENT OF VETERANS AFFAIRS 
(a) TITLE 10 UNITED STATES CODE.—Title 10, United States Code, is 
amended as follows: 
(1) The following sections are amended by striking out "Veter-
ans' Administration" and inserting in lieu thereof "Department 
of Veterans Affairs": sections 176(aX3), 772(g), 1174(hX2), 
1201(3XB), 1203(4XA), 1203(4XB), 1203(4X0, 1204(4XB), 1206(4), 
1209, 1210(c), 1210(d), 1210(e), 1212(c), 1218(aXl), 1431(bXl), 1433 
(in two places), 1441, 1449, 1450(h), 1452(gXl), 1452(gX5), 14760t)), 
2641(a), 264ia)Xl) (in two places), 2641(dX2), 4342(aXl), 4621(d), 
PUBLIC LAW 101-189-NOV. 29, 1989 
103 STAT. 1603 
4683(aXl), 4713(c), 6954(aXl), 7603, 9342(aXl), 9621(d), and 
9713(c). 
(2) The following sections are amended by striking out 
"Administrator of Veterans' Affairs" and inserting in lieu 
thereof "Secretary of Veterans Affairs": sections 1074(b), 
1216(c), 1476(aX2), 1477(bX5XC), 1480(b), 1480(c), 1552(e), 1553(a), 
1553(c), 1554(c), 2006(d), 2641(b) (in two places), and 6160(b). 
(3) Section 1086(g) is amended by striking out "Veterans' 
Administration facilities" and inserting in lieu thereof "facili-
ties of the Department of Veterans Affairs". 
(4) Sections 1168(b) and 1218(c) are amended by striking out 
"Veterans' Administration facility" and inserting in lieu 
thereof "facility of the Department of Veterans Affairs". 
(5) Section 148(Kc) is amended by striking out "the Secretary 
or the Administrator" and inserting in lieu thereof "the Sec-
retary concerned or the Secretary of Veterans Affairs". 
(6) Section 2006(d) is amended by striking out "the Adminis-
trator" in the second sentence and inserting in lieu thereof "the 
Secretary of Veterans Affairs". 
(7XA) The heading of section 2185 is amended to read as 
follows: 
"§ 2185. Programs to be consistent with programs administered by 
the Department of Veterans Affairs". 
(B) The item relating to such section in the table of sections at 
the b^inning of chapter 110 is amended to read as follows: 
"2185. Programs to be consistent with programs the Department of Veterans Af-
fairs.". 
(8) Section 2641(bXl) is amended by striking out "the Adminis-
trator requests" and inserting in lieu thereof "the Secretary of 
Veterans Affairs requests". 
(9) Section 2679 is amended— 
(A) in subsection (a)— 
(i) by striking out "Administrator of Veterans' Af-
fairs" and inserting in lieu thereof "Secretary of Veter-
ans Affairs"; 
(ii) by inserting "concerned" after "Secretary" the 
second and third places it appears; and 
(iii) by striking out "the Administrator," and insert-
ing in lieu thereof "the Secretary of Veterans Affairs," 
and 
(B) in subsection (c), by striking out "the Administrator" 
and inserting in lieu thereof "the Secretary of Veterans 
Affairs". 
(10) The text of each of sections 3446 and 8446 is amended to 
read as foUows: 
"The I*resident may retain on active duty a disabled officer 
until— 
"(1) the physical condition of the officer is such that the 
officer will not be further benefited by retention in a military 
hospital or a medical facility of the Department of Veterans 
Affairs; or 
"(2) the officer is processed for physical disability benefits as 
provided by law.". 
Oa) TITLE 37 UNITED STATES CODE.—Title 37, United States Code, is 
amended as follows: 
103 STAT. 1604 
PUBLIC LAW 101-189—NOV. 29, 1989 
(1) Section 602(bX5) is amended by striking out "Vetersins' 
Administration" and inserting in lieu thereof "Department of 
Veterans Affairs". 
(2) Section 603 is amended by striking out "Administrator of 
Vetereins' Affairs" and inserting in lieu thereof "Secretary of 
Veterans Affairs". 
SEC. 1622. MISCELLANEOUS TECHNICAL AND CLERICAL AMENDMENTS 
TO TITLE 10, UNITED STATES CODE 
(a) CORRECTION OF DUPUCATE SECTION NUMBERS.—The second 
section 7313 of title 10, United States Code (enacted by section 1225 
of Public Law 100-456), is redesignated as section 7314, and the item 
relating to that section in the table of sections at the beginning of 
chapter 633 of such title is revised to reflect that redesignation. 
Q>) TRANSFER AND REDESIGNATION OF SECTION.—(1) Section 975 of 
title 10, United States Code, is transferred to chapter 141, inserted 
after section 2389, and redesignated as section 2390. 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2389 the 
following new item: 
"2390. Prohibition on the. Bale of certain defense articles from the stocks of the 
Department of i)efense.". 
(3) The table of sections at the beginning of chapter 49 of such title 
IS amended by striking out the item relating to section 975. 
(c) PUNCTUATION AND CAPITALIZATION CORRECTIONS.—Title 
10, 
United States Code, is further amended as follows: 
(1) Section 1130*X2XB) is amended by striking out "Five-Year 
Defense Program" and inserting in lieu thereof "five-year 
defense program". 
(2) The item relating to section 421 in the table of sections at 
the beginning of chapter 21 is amended to read as follows: 
"421. Funds for foreign cryptologic support.". 
(3) Section 421(c) is amended— 
(A) by inserting "of Representatives" after "of the 
House"; and 
(B) by striking out "National Security Act of 1947, as 
amended, and funds" and inserting in lieu thereof "Na-
tional Security Act of 1947 (50 U.S.C. 413 et seq.). Funds". 
(4) Section 1482(e) is amended by striking out "chapter 10, 
title 37" and inserting in lieu thereof "chapter 10 of title 37". 
(5) Section 2325(d) is amended by striking out "previously-
developed" and inserting in lieu thereof "previously developed". 
(6) Subparagraph (D) of section 2326(gXl) is amended by strik-
ing out ."(D) (Dongressionally-mandated" and inserting in lieu 
thereof "(D) CJongressionally mandated". 
(7) SectioJfe 24.630)) and 2464(bX3X A.) are amended by striking 
out "Committee on Appropriations" and inserting in lieu 
thereof "Committees on Appropriations". 
(8) Section 7309(a) is amended by inserting a comma after 
"armed forces". 
(d) REVISION TO PART HEADING.— 
(1) The heading of part III of subtitle A of title 10, United 
States Code, is amended to read as follows: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1605 
**PART III—TRAINING AND EDUCATION". 
(2) The item relating to that part in the table of chapters at 
the b^inning of subtitle A of tihat title is amended to read as 
follows: 
"PABTin—TRAINING AND EDUCATION". 
(e) DEFINITIONS.—Title 10, United States Code, is further amended 
as follows: 
(1) Section 138(aX2) is amended— 
(A) by striking out "(A) 'Operational'" and inserting in 
lieu thereof "(A) The term 'operational' "; and 
(B) by striking out "(B) 'Major'" and inserting in lieu 
thereof "(B) The term'msgor'". 
(2) Section 1032(d) is amended— 
(A) by striking out "(1) 'Dependent" and inserting in lieu 
thereof "(1) The term 'dependent"; and 
(B) by insertmg "The term" after "(2)". 
(3) Section 1094(d) is amended— 
(A) by striking out "(1) 'license" and inserting in lieu 
thereof "(1) The term 'license"; and 
(B) by striking out "(2) 'Health-care" and inserting in lieu 
thereof "(2) The term'health-care". 
(4) Section 1586(^ is amended— 
(A) by striking out "For the purposes of this section—" 
and inserting in lieu thereof "In this section:"; 
(B) by inserting "The term" in paragraphs (1) and (2) 
after the paragraph designation; and 
(CJ) by striking out "; and" at the end of paragraph (1) and 
inserting in lieu thereof a period. 
(5) Sections 1095(g), 4348(d), and 9348(d) are amended by 
inserting "the term" aifter "In this section,". 
(6) Section 1408(a) is amended— 
(A) by inserting "The term" in each paragraph after the 
paragraph designation; and 
(B) by revising the first word after the open quotation 
marks in each paragraph so that the initial letter of that 
word is lower case. 
(7) Section 1461(b) is amended by inserting "the term" after 
"In this chapter,", 
(8) Sections 5441, 6964(a), and 7081(a) are amended by insert-
ing ", the term" after "In this chapter". 
(f) AMENDMENTS FOB STYLISTIC (DONSISTENCY.—Title 10, United 
States C^ode, is further amended as follows: 
(1) Section 2575(a) is amended by striking out "of this section" 
in the first sentence. 
(2) Section 7422(cX2)(B) is amended by striking out "one hun-
dred eighty days prior to" and inserting in lieu thereof "180 
days before". 
(g) DATE OF ENACTMENT REFERENCE.—Section 6334(a) of title 10, 
United States Code, is amended by striking out "the date of the 
enactment of this section" and inserting in lieu thereof "December 
4,1987". 
(h) OBSOLETE PROVISIONS.—(1) Section 194 of title 10, United States 
Code, is amended by striking out "After September 30,1989, the" in 
subsections (a) and (b) and inserting in lieu thereof "The". 
103 STAT. 1606 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) Section 601 of Public Law 99-433 (10 U.S.C. 194 note) is 
amended by striking out "Effective on October 1, 1988, the" in 
subsection (aXD and inserting in lieu thereof "The". 
SEC. 1623. AMENDMENTS TO SECTION 8125 OF PUBLIC LAW 100-463 
Section 8125 of Public Law 100-463 (10 U.S.C. 113 note; 102 Stat. 
2270-41) is amended as follows: 
(1) Subsection (c) is amended— 
(A) by striking out "incude" and inserting in lieu thereof 
"include"; 
(B) by inserting a comma after "burdensharing"; 
(C) by striking out "assistance costs: Provided, That the" 
and inserting in lieu thereof "assistance costs. The"; and 
CD) by striking out "Department o f and inserting in lieu 
thereof "Secretaries of. 
(2) Subsection (d) is amended— 
(A) by striking out "in the budgets" and inserting in lieu 
thereof "in each budget"; 
(B) by striking out "for fiscal years after fiscal year 1989" 
and inserting in lieu thereof "(1)"; and 
(O by inserting "(2)" after "military units, and". 
(3) Subsection (f) is amended— 
(A) in the first sentence, by striking out "after fiscal year 
1989"; and 
(B) in the second sentence— 
(i) by striking out "provided for" and inserting in lieu 
thereof "in"; 
(ii) by inserting "(1)" after "if and when"; and 
/ 
(iii) by inserting "(2)" after "that nation, and". 
(4) Subsection (g) is amended— 
(A) by striking out "Department of Defense" before 
"budget submissions" in paragraph (1); 
(B) by striking out "1989, and shall detail: (A) a descrip-
tion o f in paragraph (1) and inserting in lieu thereof "1989 
and shall set forth a detailed descripton of (A)"; 
(
C
D
) by striking out "the House and Senate" in paragraph 
(2) and inserting in lieu thereof "the Senate and House of 
Representatives,"; and 
(D) by inserting "outside the United States" in paragraph 
(2) after "duty stations ashore". 
SEC. 1624. REPORT ON RECURRING PROVISIONS OF DEFENSE APPRO-
PRIATIONS ACT 
(a) REPORT.—Not later than April 1,1990, the Secretary of Defense 
shall submit to the defense committees of Congress a report on 
recurring provisions of law enacted in the General Provisions title of 
the Department of Defense Appropriations Act, 1990, 
(b) MATTERS TO BE INCLUDED.—With respect to each provision 
covered by the report, the report shall indicate the following: 
(1) When the provision (or a substantially similar provision) 
was first included in an annual Department of Defense Appro-
priations Act. 
(2) The original policy reason (as nearly as the Secretary can 
determine) for tlie inclusion of such a provision. 
(3) The Secretary's assessment as to whether that reason still 
pertains and whether there are additional policy reasons for the 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1607 
continuing inclusion of the provision in annual Acts making 
appropriations for the Department of Defense. 
(4) The Secretary's recommendation as to whether the policy 
of that provision should continue to be provided by law and, if 
the recommendation is that the policy should not continue to be 
provided by law, a detailed statement of the reasons for such 
recommendation. 
(5) In the case of each provision which the Secretary rec-
ommends under paragraph (4) should continue to be provided by 
law, the recommendation of the Secretary as to whether such 
provision should continue to be included in annual Acts making 
appropriations for the Department of Defense or whether it 
would be desirable for Congress to enact such provision as 
permanent law and, if the recommendation is that the policy 
should not be enacted as permanent law, a detailed statement of 
the reasons for such recommendation. 
(c) DRAFT OF PROPOSED LEGISLATION.—The report shall include a 
draft of proposed legislation for the codification into title 10, United 
States Code, or other appropriate statutes of those provisions cov-
ered by the report which the Secretary recommends (under subsec-
tion G)X5)) would be desirable for Congress to enact as permanent 
law. 
(d) UPDATE OF EARUER REPORT.—The report shall be an update of 
the report submitted by the General Counsel of the Department of 
Defense pursuant to section 1267 of the Department of Defense 
Authorization Act, 1984 (Public Law 98-94; 97 Stat. 705). 
(e) DEFINITIONS.—For purposes of this section: 
(1) The term "defense committees of CJongress" means the 
Committees on Armed Services and the Committees on Appro-
priations of the Senate and House of Representatives. 
(2) The term "recurring provision" means a provision of an 
appropriatons Act which (1) is not permanent law, and (2) has 
been enacted in substantially the same form in previous Acts 
making appropriations for the same purpose. 
PART D—MISCELLANEOUS 
SEC. 1631. STUDY OF PROTECTION OF UNITED STATES CIVIL AVIATION 
FROM TERRORIST ACTIVITIES OVERSEAS 
(a) STUDY.—The Secretary of Defense shall conduct a study on the 
feasibility and desirability of the United States, at the request of a 
foreign government, deploying military personnel or providing mili-
tary equipment in areas under the jurisdiction of that government 
to assist that government in the protection of United States civil 
aviation interests from terrorist activity. The study should also 
undertake to determine what programs of the Department of De-
fense (1) have application to enhancing civil aviation security, and 
(2) could be quickly adopted by the Federal Aviacion Administration 
for that purpose. 
(b) RESEARCH AND DEVELOPMENT MATTERS TO BE STUDIED.—The 
study shall include a review of United States Government programs 
concerning research and development in areas relating to explosives 
detection, terrorist identification, and anti-terrorist operations. 
(c) INTERAGENCY COORDINATION.—The study shall be conducted in 
consultation with the Secretary of State and the Administrator of 
the Federal Aviation Administration. 
103 STAT. 1608 
PUBLIC LAW 101-189—NOV. 29, 1989 
(d) SUBMISSION OP REPORT.—^The Secretary shall submit to Con-
gress a report on the study (including the Secretary's findings, 
conclusions, and recommendations) within six months after the date 
of enactment of this Act. 
SEC 1632. DEDICATION OF CORRIDOR IN PENTAGON TO SERVICE MEM-
BERS WHO SERVED IN SPACE-RELATED ACTIVITIES 
It is the sense of Congress that the Secretary of Defense should 
dedicate an appropriate corridor in the Pentagon building to 
commemorate the service of the members of the Armed Forces who 
have served in space-related activities, including service with the 
National Aeronautics and Space Administration, the United States 
Space Command, and the S t r a t ^ c Defense Initiative Organization. 
SEC. 1633. DELEGATION AUTHORITY WITH RESPECT TO ADMIRALTY 
CLAIMS BY OR AGAINST THE UNITED STATES 
Sections 4802(c), 4803(c), 7622(c), 7623(c), 9802(c), and 9803(c) of 
title 10, United States Ck>de, are each amended by striking out 
"$10,000" and inserting m lieu thereof "$100,000". 
SEC. 1634. AUTHORITY TO ACCEPT VOLUNTARY SERVICES FOR NATURAL 
RESOURCES PROGRAMS 
Section 1588(a) of title 10, United States Code, is amended by 
striking out "a museum" and inserting in lieu thereof "a museum, a 
natural resources program,". 
SEC. 1635. FINDINGS AND CONGRESSIONAL DECLARATIONS CONCERNING 
SERVICE IN THE NATIONAL GUARD AND RESERVES 
(a) FINDINGS,—(Congress makes the following findings: 
(1) Citizens and nationals of the United States have taken up 
arms to defend their homes and conmiunities, and to secure and 
preserve the independence of the United States, from the earli-
est days of the Nation. 
(2) The concept of the citizen-soldier has been a keystone of 
the defense strategy of the Nation. 
(3) Members of the National Guard and Reserves have served 
proudly and honorably in every war or conflict involving United 
States Armed Forces. 
(4) The Total Force Policy of the United States, by placing 
significant portions of wartime mission capability and selected 
day-to-day operations in the National Guard and Reserve, has 
reinforced tiie proposition that the Guard and Reserve are 
essential elements of the national defense establishment of the 
United States. 
(5) During the 1980's, Congress and the Department of De-
fense have demonstrated their increasing reliance and con-
fidence in the National Guard and Reserve by expanding mis-
sions, increasing training requirements, and providing new 
state-of-the-art weapons and support equipment. 
(6) The National Guard and Reserve represent a very cost-
effective arm of the Total Force, preserving combat capability 
and retaining valuable trained human resources, especially 
during periods of austere defense budgets. 
(7) Participation by citizens in the National Guard and Re-
serve enhances the military readiness of the United States and 
demonstrates the resolve of the citizenry to protect and preserve 
American values. 
.. 
- . 
,. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1609 
(8) Participation in the National Guard and Reserve improves 
the economy by providing individuals with job skills and 
education, 
(b) (CONGRESSIONAL DECLARATIONS.—In light of the findings in 
subsection (a), Congress— 
(1) reaffirms that service in the National Guard and Reserve 
is in the highest traditions of military service to the country 
and acknowledges the valuable contribution that the men and 
women who serve in the National Guard and Reserve are 
making to their country; 
(2) encourages Guard and Reserve participation by all ele-
ments of American society; and 
(3) continues to support reliance on the National Guard and 
Reserve as full partners in the Total Force. 
SEC 1636. EaU»ANSION OF SCOPE OF CIVIL RESERVE AIR FLEET 
ENHANCEMENT PROGRAM 
(a) DEFINITIONS.—(1) Paragraph (2) of section 9511 of title 10, 
United States Code, is amended to read as follows: 
"(2) The teim 'passenger-cargo combined aircraft' means a 
civil aircraft equipped so that its main deck can be used to carry 
both passengers and property (including mail) simultaneously.'. 
(2) Paragraph (5) of such section is amended to read as follows: 
"(5) The term 'cargo-convertible aircraft' means a passenger 
aircraft equipped or designed so that all or substantially all of 
the main deck of the aircraft can be readily converted for the 
carriage of property or mail.". 
(3) Paragraph (8) of such section is amended by striking out "a 
civil aircraft' in clause (A) and all that follows through 
defense 
purposes" and inserting in lieu thereof "a new or existing aircraft 
and who contracts with the Secretary to modify that aircraft by 
including or incorporating specified defense features". 
(4) Such section is further amended by adding at the end the 
following new paragraph: 
"(12) The term defense feature' means equipment or design 
features included or incorporated in a civil aircraft which en-
sures the interoperability of such aircraft with the Department 
of Defense airlift system. Such term includes any equipment or 
design feature which enables such aircraft to be readily modi-
fied for use as a cargo-convertible, cargo-capable, or passenger-
cargo combined aircraft.". 
(b) CONTRACT AUTHORITY.—Section 9512 of such title is amended 
to read as follows: 
"§9512. Contracts for the inclusion or incorporation of defense 
Aircraft and air 
features 
carriers. 
"(a) Subject to the provisions of chapter 137 of this title, and to the 
extent that funds are otherwise available for obligation, the Sec-
retary— 
"(1) may contract with any citizen of the United States for the 
inclusion or incorporation of defense features in any new or 
existing aircraft to be owned or controlled by that citizen; and 
"(2) may contract with United States aircraft manufacturers 
for the inclusion or incorporation of defense features in new 
aircraft to be operated by a United States air carrier. 
"(b) Elach contract entered into under subsection (a) shall include 
the terms required by section 9513 of this title and a provision that 
103 STAT. 1610 
PUBLIC LAW 101-189—NOV. 29, 1989 
requires the contractor to repay to the United States a percentage 
(to be established in the contract) of any amount paid by the United 
States to the contractor under the contract with respect to any 
aircraft if— 
"(1) the aircraft is destroyed or becomes unusable, as defined 
in the contract; 
"(2) the defense features specified in the contract are ren-
dered unusable or are removed from the aircraft; 
"(3) control over the aircraft is transferred to anv person that 
is unable or unwilling to assume the contractor s obligations 
under the contract; or 
"(4) the registration of the aircraft under section 501 of the 
Federal Aviation Act of 1958 (49 U.S.C. App. 1401) is terminated 
for any reason not beyond the control of the contractor. 
"(cXD A contract under subsection (a) for the inclusion or incorpo-
ration of defense features in an aircraft may include a provision 
authorizing the Secretary— 
"(A) to contract, with the concurrence of the contractor, 
directly with another person for the performance of the work 
necessary for the inclusion or incorporation of defense features 
in such aircraft; and 
"(B) to pay such other person directly for such work. 
"(2) A contract entered into pursuant to paragraph (1) may in-
clude such specifications for work and equipment as the Secretary 
considers necessary to meet the needs of the United States.". 
(c) CLERICAL AMENDMENTS.^1) The heading of section 9513 is 
amended to read as follows: 
"§ 9513. Commitment of aircraft to the Civil Reserve Air Fleet" 
(2) The items relating to sections 9512 and 9513 in the table of 
sections at the beginning of chapter 931 of title 10, United States 
Code, are amended to read as follows: 
"9512. Contracts for the inclusion or incorporation of defense features. 
"9513. Commitment of aircraft to the Civil Reserve Air Fleet.". 
SEC. 1637. REPORT ON CERTAIN PERSONS PARTICIPATING IN RADIATION-
RISK ACTIVITIES 
(a) REPORT.—The Secretary of Defense shall prepare, in consulta-
tion with the Secretary of Veterans Affairs, a report identifying the 
number of persons who, while serving on active-duty for training, 
inactive-duty training, or as a military technician of the National 
Guard, participated in a radiation-risk activity, but are not covered 
under section 312(c) of title 38, United States (Jode (as added by the 
Radiation-Exposed Veterans Compensation Act of 1988; Public Law 
100-321). For purposes of the report, the term "radiation-risk activ-
ity" has the meaning given that term by section 312(cX4) of such 
title. 
O
t
>
) DEADLINE.-The report required by subsection (a) shall be 
submitted to CJongress not later than February 15,1990. 
SEC. 1638. CONGRESSIONAL 
FINDINGS 
AND 
SENSE 
OF 
CONGRESS 
CONCERNING KIDNAPPING AND MURDER OF LIEUTENANT 
COLONEL HIGGINS 
(a) FINDINGS.—C!ongress makes the following findings: 
(1) The radical, Lebanese-based terrorist organization which 
calls itself the "Organization of the Oppressed of the Earth" 
announced on July 31, 1989, that it had executed Lieutenant 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1611 
Colonel William R. Higgins, a United States Marine assigned 
for service with the United Nations in the U.N. Truce Super-
vision Organization (UNTSO), who was kidnapped in southern 
Lebanon on February 17,1988. 
(2) That organization claimed to have executed Lieutenant 
Abdul Karim 
Colonel Higgins in response to the capture on July 28, 1989, bv O
*
^
^
*
^
-
Israeli commandos of a radical Muslim Shiite leader. Sheik 
Abdul Karim Obeid, believed to be associated with that 
organization. 
(3) That organization released to certain news agencies a 
videotape showing Lieutenant Colonel Higgins killed by hang-
ing, though many forensic experts believe the videotape in-
dicates that the person shown did not die from hanging. 
(4) The kidnapping of Lieutenant Colonel Higgins, who was 
eng£iged only in carrying out the legitimate United Nations 
peacekeeping activities to which he had been assigned, w£is 
wholly unjustified. 
(5) It is absolutely clear that the kidnapping and the murder 
of Lieutenant Colonel Higgins were outrageous acts of terrorism 
that deserve the condemnation of all civilized people. 
(6) There is strong evidence that the Grovemment of Iran has 
supported the organization responsible for Lieutenant Colonel 
Higgins' kidnapping and murder, as well as other terrorist and 
extremist forces inside Lebanon and throughout the Middle 
East. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) Congress is outraged by the kidnapping and murder of 
Lieutenant Colonel Higgins and condemns those actions as 
barbaric, cowardly, and utterly incompatible with the stendards 
of conduct upheld by civilized people; 
(2) the President should use all available resources of the 
United States Government, including diplomatic and intel-
ligence channels, to determine the identity of those persons 
responsible for the kidnapping and murder and the details 
' 
regarding those terrorist acts; 
(3) the President should determine whether it would be pos-
sible to identify and bring to jvistice, or to retaliate against, 
those persons responsible for the kidnapping and murder in a 
manner consistent with United States and intemationsd legal 
requirements that would reduce the risk to Americans from 
terrorism; 
(4) the President should take strong and decisive action, 
^ 
possibly including the use of militery force, to prevent or re-
spond to acts of international terrorism. Such actions should be 
taken in concert with other nations where practicable, but the 
President should be prepared to act unilaterally, if necessary; 
(5) the United Stetes should make clear to the new leadership 
in Iran (A) that the United States will not tolerate a continu-
ation of past policies of support of groups which undertake 
terrorist actions against American citizens or direct assaults on 
American vital interests in the Middle East or elsewhere, and 
(B) that if such support should continue, the United Stetes will 
hold the authorities in Iran accounteble for that support and act 
accordingly; 
(6) the Secretary General of the United Nations should take 
all necessary steps to help ensure that the body of Lieutenant 
Colonel Higgins is returned to his country and family and that 
103 STAT. 1612 
PUBLIC LAW 101-189—NOV. 29, 1989 
those responsible for his kidnapping and murder are imme-
diately brought to justice; 
(7) the President should engage in urgent and continuing 
diplomatic contacts with all otiber governments concerning 
their policies and actions which might have relevance to the 
interests of the United States Government or increase the 
vulnerability of the United States citizens to attacks by terror-
ists; and 
(8) the President should continue to consult with other na-
tions to ensure international cooperation and coordination to 
end terrorist attacks. 
SEC 1639. REPORTS ON CONTROLS ON TRANSFER OF MISSILE TECH-
NOLOGY AND CERTAIN WEAPONS TO OTHER NATIONS 
(a) 
REQUIREMENT FOR SUBMISSION OF PREVIOUSLY REQUIRED 
REPORT.—Section 901(c) of the National Defense Authorization Act 
for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1135) 
is amended by striking out "February 1, 1988" and inserting in lieu 
thereof "60 da}^ after the date of enactment of the National Defense 
Authorization Act for Fiscal Year 1990". 
(b) REPORT ON MANPOWER REQUIRED TO IMPLEMENT EXPORT CON-
TROLS ON (DERTAIN WEAPONS TRANSFERS.—(1) Not later than Feb-
ruary 1, 1990, the Secretary of Defense shall submit to Congress a 
report relating to Department of Defense manpower required to 
implement export controls on certain weapons transfers. In the 
report, the Secretary shall— 
(A) identify the role of the Department of Defense in im-
plementing export controls on nuclear, chemical, and biological 
weapons; 
(B) describe the number and skills of personnel currently 
available in the Department of Defense to perform such role; 
and 
(O assess the adequacy of the level of personnel resources 
described in subparagraph (B) for the effective performance of 
such role. 
(2) The report required by paragraph (1) shall identify the total 
number of current Department of Defense full-time employees or 
military personnel, and the grades of such personnel and the special 
knowledge, experience, and expertise of such personnel, required to 
carry out each of the following activities of the Department in 
implementing export controls on nuclear, chemical, and biological 
weapons: 
(A) Review of private-sector export license applications and 
govemment-to-govemment cooperative activities. 
(B) Intelligence analysis and activities. 
(C!) Policy coordination. 
(D) International liaison activity. 
(E) Technology security operations. 
(F) Technical review. 
(3) The report shall include the Secretary's assessment of the 
adequacy of staffing in each of the categories specified in subpara-
graphs (A) through (F) of paragraph (2) and shall make rec-
ommendations concerning measures, including legislation if nec-
essary, to eliminate any identified staffing deficiencies and to im-
prove interagency coordination with respect to implementing export 
controls on nuclear, chemical, and biological weapons. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1613 
(c) REPORT ON MISSILE TECHNOLOGY CONTROL REGIME ENFORCE-
MENT.—(1) The Secretary of Defense shall mclude in the report 
under subsection (b) information concerning the Missile Technology 
Control Regime (MTCR). In the report, the Secretary shall review 
the existing regulations covering the issues addressed by the MTCR 
and shall assess whether those regulations— 
(A) appropriately cover each item listed in the MTCR annex; 
and 
(B) sufQciently stress consideration of ultimate end use of an 
item as a factor in issuance of export licenses with respect to 
that item. 
(2) In the report, the Secretarv shall also assess whether, in the 
case of a request for an export license involving a country that is 
considered to be a suspect country for purposes of the regime, or 
involving a commodity that is considered to be a suspect commodity 
for purposes of the regime, sufficient information on that request is 
brought to the attention of the Department of Defense before such a 
license is issued and, if not, what measures could be taken to 
improve Department of Defense oversight of the issuance of export 
licenses in such C£ises. 
(3) In the report, the Secretary may also address whatever other 
initiatives for the enforcement of the regime the Secretary considers 
would help strengthen the regime. 
SEC. 1640. REVIEWS AND REPORTS ON DECONTROL OF CERTAIN PER-
SONAL COMPUTERS 
(a) REVIEWS.—The Secretary of Defense and the Secretary of 
Commerce shall each conduct an independent review on the foreign 
availability of the personal computers known as AT-compatible 
microcomputers. Each Secretary, in conducting his review, shall, at 
a minimum, determine the availability of such microcomputers 
from sources other than member nations of the Coordinating 
Committee for Multilateral Export Controls or other nations that 
control the export of such computers. The Secretary of Defense, in 
conducting his review, also shall assess the military significance of 
such microcomputers for the Soviet Union and its Warsaw Pact 
allies. 
(b) REPORTS.—The Secretary of Defense and the Secretary of 
Commerce shall each submit to the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate, the Committee on Foreign 
Affairs of the House of Representatives, and the Committees on 
Armed Services of the Senate and House of Representatives a report 
containing the results of the respective reviews required by subsec-
tion (a). 
(c) DEADUNE FOR REPORTS.—The reports required by subsection (b) 
shall be submitted not later than January 1,1990. 
SEC. 1641. ANNUAL DEPARTMENT OF DEFENSE CONVENTIONAL STAND-
OFF WEAPONS MASTER PLAN AND REPORT ON STANDOFF 
MUNITIONS 
(a) ANNUAL SUBMISSION OF MASTER PLAN FOR JOINT STANDOFF 
lo use 2431 
WEAPONS.—Not later than March 31 of each year, the Secretary of note. 
Defense shall submit to the congressional defense committees a plan 
(known as a "Department of Defense Conventional Standoff Weap-
ons Master Plan') for the development of standoff weapons which 
can adequately address the needs of more than one of the Armed 
Forces. Each such report shall include a description of all technology Science and 
technology. 
103 STAT. 1614 
PUBLIC LAW 101-189—NOV. 29, 1989 
base projects that could contribute to the fielding of standoff weap-
ons. 
(b) UNIFIED COMMANDERS REPORTS ON STANDOFF MUNITIONS.—(1) 
In the first report under subsection (a) submitted after the enact-
ment of this Act, the Secretary of Defense shall include the reports 
of the unified commanders submitted to the Secretary pursuant to 
paragraph (2). 
(2) The Secretary shall require the commander of each unified 
combatant command to submit to the Secretary a report on the 
results of the study conducted by the commander pursuant to 
subsection (c). Such reports shall be submitted to the Secretary at 
such time as specified by the Secretary so that they may be included 
in the report of the Secretary referred to in paragraph (1). 
(c) STUDY OF STANDOFF MUNITIONS BY COMMANDERS OF UNIFIED 
COMBATANT COMMANDS.—The Secretary of Defense shall require the 
commander of each unified combatant command to conduct a study 
of the status of forces assigned to his command in terms of the 
standoff munitions available to those forces and the survivability of 
the launching platforms in the absence of standoff munitions. Each 
such study shall include the following: 
(1) The commander's evaluation of the threat posed to combat 
aircraft under his command by potential enemy forces in his 
region of responsibility and the extent to which those aircraft 
are vulnerable to attack. 
(2) The commander's evaluation of the current capabilities of 
those aircraft that are programmed to be assigned to the com-
mander in the event of conflict in his region of responsibility to 
carry out standoff attacks. 
(3) The commander's evaluation of the adequacy of the inven-
tories of munitions in general, and of standoff munitions in 
particular, in the component forces that would be assigned to 
the commander in time of war. 
(4) The commander's evaluation of the extent to which the 
survivability of combat eiircraft is threatened by the absence of 
standoff munitions and a statement of the priority which the 
commander would give to providing standoff munitions for such 
aircraft to improve their survivability. 
(5) Identification of those standoff munitions programs the 
commander considers most promising for the improvement of 
the survivability of combat aircraft. 
Military 
Construction 
Authorization 
Act for Fiscal 
Years 1990 and 
1991. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
SEC. 2001. SHORT TITLE 
This division may be cited as the "Military Construction 
Authorization Act for Fiscal Years 1990 and 1991". 
TITLE XXI—ARMY 
PART A—FISCAL YEAR 1990 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Army may 
acquire real property and may carry out military construction 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1615 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
ALABAMA 
Anniston Army Depot, $2,300,000. 
Fort McClellan, $2,750,000. 
Redstone Arsenal, $18,390,000. 
Fort Rucker, $3,600,000. 
ALASKA 
Fort Richardson, $3,350,000. 
Fort Wainwright, $14,800,000. 
t€ 
ARIZONA 
Fort Huachuca, $9,900,000. 
Yuma Proving Ground, $11,400,000. 
CALIFORNIA 
Fort Irwin, $4,950,000. 
Fort Ord, $2,450,000. 
Sacramento Army Depot, $3,900,000. 
COLORADO 
Fitzsimons Army Medical Center, $2,100,000. 
Fort Carson, $4,700,000. 
DISTRICT OF COLUMBIA 
Walter Reed Army Medical Center, $11,000,000. 
FLORIDA 
Key West Naval Air Station, $6,100,000. 
GEORGIA 
Fort Benning, $12,146,000. 
Fort Gordon, $4,000,000. 
Fort Stewart, $5,200,000. 
HAWAII 
Fort Shatter, $9,300,000. 
Schofield Barracks, $10,000,000. 
ILLINOIS 
Melvin Price Support Center, $3,750,000. 
Savanna Army Depot, $850,000. 
INDIANA 
Fort Benjamin Harrison, $359,000. 
103 STAT. 1616 
PUBLIC LAW 101-189—NOV. 29, 1989 
KANSAS 
Fort Leavenworth, $3,000,000. 
Fort Riley, $12,680,000. 
KENTUCKY 
Fort Campbell, $30,450,000. 
Fort Knox, $13,400,000. 
- / 
LOUISIANA 
Fort Polk, $23,350,000. 
MARYLAND 
Aberdeen Proving Ground, $1,700,000. 
Fort Detrick, $1,300,000. 
Fort Meade, $6,200,000. 
Fort Ritchie, $630,000. 
MASSACHUSETTS 
Fort Devens, $3,550,000. 
MISSOURI 
Fort Leonard Wood, $10,450,000. 
NEW JERSEY 
Fort Monmouth, $8,600,000. 
Picatinny Arsenal, $11,800,000. 
. 
NEW YORK 
Fort Drum, $70,600,000. 
NORTH CAROUNA 
Fort Bragg, $65,300,000. 
OKLAHOMA 
Fort Sill, $13,170,000. 
McAlester Army Ammunition Plant, $2,200,000. 
PENNSYLVANIA 
New Cumberland Army Depot, $14,000,000. 
SOUTH CAROUNA 
Fort Jackson, $23,000,000. 
TEXAS 
Corpus Christi Army Depot, $5,200,000. 
Fort Bliss, $16,600,000. 
Fort Hood, $21,400,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1617 
UTAH 
Dugway Proving Ground, $2,400,000. 
' 
VIRGINIA 
Fort Belvoir, $23,000,000. 
1 
Fort Lee, $10,050,000. 
Fort Monroe, $1,100,000. 
Fort Story, $3,350,000. 
WASHINGTON 
Fort Lewis, $770,000. 
VARIOUS LOCATIONS 
' 
Classified Location, $3,400,000. 
Classified Location, $600,000. 
Classified Location, $3,900,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Army may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
ana locations outside the United States: 
GERMANY 
Ansbach, $2,900,000. 
Augsburg, $600,000. 
Grafenwoehr, $6,500,000. 
Hanau, $14,800,000. 
Hohenfels, $4,950,000. 
Mainz, $26,400,000. 
Stuttgart, $9,400,000. 
Wuerzburg, $12,000,000. 
Various locations, $4,150,000. 
KOREA 
H-220 Heliport, $4,050,000. 
KWAJALEIN ATOLL 
n 
Kwajalein, $9,500,000. 
_ 
PUERTO RICO 
Fort Buchanan, $690,000. 
TURKEY 
Location 276, $1,950,000. 
CLASSIFIED LOCATIONS 
Classified locations, $6,100,000. 
SEC. 2102. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Army 
may construct or acquire family housing units (including land ac-
quisition), using 
amounts 
appropriated 
pursuant to section 
103 STAT. 1618 
PUBLIC LAW 101-189—NOV. 29, 1989 
2104(aX6XA), at the following installations and locations in the 
number of units, and in the amounts, shown for each installation: 
Fort Rucker, Alabama, two units, $400,000. 
Helemano, Hawaii, ninety units, $10,322,000. 
Hickam Air Force Base, Hawaii, twenty units, $2,500,000. 
Kaneohe, Hawaii, forty units, $4,700,000. 
Hawaii, various locations, one hundred and eighty units, 
$18,000,000. 
Fort Lee, Virginia, one unit, $210,000. 
(b) PLANNING AND DESIGN.—The Secretary of the Army may, 
using amounts appropriated pursuant to section 2104(aX6XA), carry 
out architectural and engineering services and construction design 
activities with respect to the construction or improvement of family 
housing units in an amount not to exceed $1,349,000. 
(c) WAIVER OF SPACE LIMITATIONS.—(1) The family housing units 
authorized by subsection (a) to be constructed at Fort Rucker, 
Alabama, and at Fort Lee, Virginia, shall be constructed for assign-
ment to general officers, who hold positions as commanders or who 
hold special command positions (as designated by the Secretary of 
Defense), and notwithstanding section 2826 of title 10, United States 
Code, the units may be constructed with the net floor area of not 
more than 3,000 square feet. 
(2) For the purpose of this subsection, the term "net floor area" 
has the meaning given that term by section 2826(f) of title 10, 
United States Code. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Army may, using amounts appropriated 
pursuant to section 2104(aX6XA), improve existing military family 
housing in an amount not to exceed $36,329,000. 
(b) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS.—Notwithstanding the maximum amount per unit 
for an improvement project under section 2825(b) of title 10, United 
States Code, the Secretary of the Army may— 
(1) carry out projects to improve existing military family 
housing units, in the number of units shown and in the amount 
shown, at— 
(A) Fort Leavenworth, Kansas, one unit, $95,900, of which 
$86,900 is for concurrent repairs; and 
(B) Fort Monmouth, New Jersey, one hundred and 
twenty-four units, $6,500,000; and 
(2) carry out projects to improve four units at Fort Sill, 
Oklahoma, the improvement of which was authorized by the 
Military Construction Authorization Act, 1989 (division B of 
Public Law 100-456; 102 Stat. 2087), in the amount of $178,088. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1989, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Army in the total amount of 
$2,239,165,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2101(a), $554,445,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $103,990,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1619 
(3) For the construction of the Central Distribution Center, 
Phase III, Red River Army Depot, Texas, as authorized by 
section 2101(a) of the Military Construction Authorization Act, 
1989 (division B of Public Law 100-456; 102 Stat. 2087), 
$39,000,000. 
(4) For unspecified minor construction projects authorized 
under section 2805 of title 10, United States Code, $11,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United Sates (Dode, 
$74,420,000. 
(6) For military family housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $73,810,000; and 
(B) for support of military family housing (including the 
functions described in section 2833 of title 10, United States 
Code), $1,377,400,000, of which not more than $319,142,000 
may be obligated or expended for the leasing of military 
family housing worldwide. 
(7) For the Homeowners Assistance Program as authorized by 
section 2832 of title 10, United States Code, $5,100,000, to 
remain available until expended. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2101 of 
this Act may not exceed the total amount authorized to be appro- 
' 
priated under paragraphs (1) and (2) of subsection (a). 
SEC. 2105. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1985 
PROJECTS.—Notwithstanding the provisions of section 607(a) of the 
Military Construction Authorization Act, 1985 (Public Law 98-407; 
98 Stat. 1514), authorization for the following projects authorized in 
section 101 of that Act, as extended by section 2107(b) of the Military 
Construction Authorization Act, 1987 (division B of Public Law 99-
661; 100 Stat. 4020), section 2105(a) of the Military Construction 
Authorization Act, 1988 and 1989 (division B of Public Law 100-180; 
101 Stat. 1184), and section 2106(a) of the Military Construction 
Authorization Act, 1989 (Public Law 100-456; 102 Stat. 2092) shall 
remain in effect until October 1,1990, or the date of enactment of an 
Act (other than this Act) authorizing funds for military construction 
for fiscal year 1991, whichever is later: 
(1) Barracks modernization in the amount of $660,000 at 
Argyroupolis, Greece. 
(2) Barracks modernization in the amount of $660,000 at 
Perivolaki, Greece. 
(b) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1986 
PROJECTS.—Notwithstanding the provisions of section 603(a) of the 
Military (Donstruction Authorization Act, 1986 (Public Law 99-167; 
99 Stat. 981), authorizations for the following projects authorized in 
sections 101 and 102 of that Act, as extended by section 2105(b) of 
the Military Construction Authorization Act, 1988 and 1989 (division 
B of Public Law 99-180; 101 Stat. 1185) and section 21060)) of the 
Military (Donstruction Authorization Act, 1989 (division B of Public 
Law 100-456; 102 Stat. 2092), shall remain in effect until October 1, 
1990, or the date of enactment of an Act (other than this Act) 
103 STAT. 1620 
PUBLIC LAW 101-189—NOV. 29, 1989 
authorizing funds for military construction for fiscal year 1991, 
whichever is later: 
(1) Modified record fire range in the amount of $2,850,000 at 
Nuernberg, Germany. 
(2) Family housing, new construction, six units, in the amount 
of $596,000 at Fort Myer, Virginia. 
(3) Flight simulator building in the amount of $2,900,000 at 
Wiesbaden, Germany. 
(c) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1987 
PROJECTS.—Notwithstanding the provisions of section 2701(a) of the 
Military Construction Authorization Act, 1987 (division B of Public 
Law 99-661; 100 Stat. 4040), authorizations for the following projects 
authorized in sections 2101, 2102, and 2103 of that Act, as extended 
by section 2106(c) of the Military Construction Authorization Act, 
1989 (division B of Public Law 100-456; 102 Stat. 2092), shall remain 
in effect until October 1,1990, or the date of the enactment of an Act 
(other than this Act) authorizing funds for military construction for 
fiscal year 1991, whichever is later: 
(1) Aircraft maintenance hangar in the amount of $7,100,000 
at Hanau, (jrermany. 
(2) Family housing, new construction, forty units in the 
amount of $4,100,000 at Crailsheim, Germany. 
(d) EXTENSION OF AUTHORIZATION OF (IIERTAIN FISCAL YEAR 1988 
PROJECTS.—Notwithstanding the provisions of section 2171 of the 
Military Construction Authorization Act, 1988 and 1989 (division B 
of Public Law 100-180; 101 Stat. 1206), authorizations for the follow-
ing projects authorized in sections 2101 and 2102 of that Act shall 
remain in effect until October 1, 1990, or the date of the enactment 
of an Act (other than this Act) authorizing funds for military 
construction for Hscal year 1991, whichever is later: 
(1) Child development center in the amount of $1,050,000 at 
Rheinberg, CJermany. 
(2) Training exercise facility in the amount of $5,900,000 at 
Einsiedlerhof, (Jermany. 
(3) Operations building modifications in the amount of 
$5,400,000 at Stuttgart, Germany. 
(4) Hardstand/tactical equipment shop in the amount of 
$2,250,000 at Wiesbaden, Germany. 
(5) Family housing, new construction, twenty-five units, in the 
amount of $2,200,000 at Fort A.P. Hill, Virginia. 
(6) Family housing, new construction, one hundred six units, 
in the amount of $11,200,000 at Bamberg, Germany. 
(7) Family housing, new construction, one hundred fifty-two 
units, in the amount of $12,600,000 at Baumholder, Germany. 
(8) Troop support facility upgrade in the amount of $4,150,000 
in Honduras. 
(9) Wartime host nation support in the amount of $4,500,000, 
in Europe, various locations. 
PART B—FISCAL YEAR 1991 
SEC. 2121. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
The Secretary of the Army may acquire real property and may 
carry out military construction projects in the amounts shown for 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1621 
each of the following installations and locations inside the United 
States: 
ALABAMA 
Anniston Army Depot, $34,300,000. 
ARKANSAS 
Pine Bluff Arsenal, $17,100,000. 
OREGON 
Umatilla Depot Activity, $45,500,000. 
SEC. 2122. AUTHORIZATION OF APPROPRIATIONS, ARMY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1990, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Army in the total amount of 
$1,803,180,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2121, $96,900,000. 
(2) For the construction of the Central Distribution Center, 
Phase III, Red River Army Depot, Texas, as authorized by 
section 2101(a) of the Military Construction Authorization Act, 
1989 (division B of Public Law 100-456; 102 Stat. 2087), 
$39,000,000. 
(3) For unspecified minor construction projects authorized 
under section 2805 of title 10, United States Code, $12,000,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$96,530,000. 
(5) For support of military family housing (including the 
functions described in section 2833 of title 10, United States 
Code), $1,558,750,000, of which not more than $453,884,000 may 
be obligated or expended for the leasing of military family 
housing worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States (Dode, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2121 of 
this Act may not exceed the total amount authorized to be appro-
priated under subsection (aXD. 
TITLE XXII—NAVY 
PART A—FISCAL YEAR 1990 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
103 STAT. 1622 
PUBLIC LAW 101-189—NOV. 29, 1989 
ALABAMA 
Mobile, Navy Station, $3,965,000. 
ALASKA 
, -t , '. - ' i ' v n • 
. 
• 
. 
Adak, Naval Air Station, $18,870,000. 
ARIZONA 
v
^ 
H 
Yuma, Marine Ck)rps Air Station, $900,000. 
CALIFORNIA 
Camp Pendleton, Marine Corps Air Station, $2,100,000. ' 
t' 
Camp Pendleton, Marine Corps Base, $57,600,000. 
China Lake, Naval Weapons Center, $17,500,000. 
^ 
Concord, Naval Weapons Station, $5,640,000. 
Coronado, Naval Amphibious Base, $7,770,000. 
Coronado, Surface Warfare Officers School Command Detach-
ment, $4,360,000. 
El Centro, Naval Air Facility, $7,200,000. 
Lemoore, Naval Air Station, $2,100,000. 
Moffett Field, Naval Air Station, $1,000,000. 
Monterey, Fleet Numerical Oceanography Center, $6,760,000. 
Monterey, Naval Post Graduate School, $18,690,000. 
North Island, Naval Air Station, $6,160,000. 
San Diego, Fleet Anti-Submarine Warfare Training Center, 
Pacific, $820,000. 
San Diego, Fleet Combat Training Center, Pacific, $3,670,000. 
San Diego, Fleet Intelligence Training Center, Pacific, 
$2,500,000. 
San Diego, Fleet Training Center, $12,800,000. 
San Diego, Integrated Combat Systems Test Facility, 
$4,100,000. 
San Diego, Marine Corps Recruit Depot, $3,070,000. 
San Diego, Naval Ocean Systems Center, $1,300,000. 
San Diego, Naval Station, $1,000,000. 
San Diego, Naval Submarine Base, $10,800,000. 
San Diego, Naval Training Center, $7,150,000. 
San Diego, Naval Public Works Center, $4,400,000. 
San Francisco, Navy Public Works Center, $3,910,000. 
Seal Beach, Naval Weapons Station, $9,000,000. 
Tustin, Marine Corps Air Station, $2,990,000. 
Twentynine Palms, Marine Corps Air-Ground Combat Center, 
$3,140,000. 
Vallejo, Mare Island Naval Shipyard, $9,000,000. 
CONNECTICUT 
New London, Naval Submarine Base, $24,250,000. 
New London, Naval Submarine School, $8,200,000. 
New London, Naval Underwater Systems Center, $12,600,000. 
* 
DISTRICT OF COLUMBIA 
-
Washington, Commandant, Navsd District, $420,000. 
Washington, Naval Observatory, $2,500,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1623 
FLORIDA 
Cecil Field, Naval Air Station, $1,970,000. 
Jacksonville, Naval Hospital, $2,080,000. 
Mayport, Naval Station, $20,000,000. 
Orlando, Naval Training Center, $18,400,000. 
Panama City, Naval Diving and Salvage Training Center, 
$4,300,000. 
Panama City, Naval Experimental Diving Unit, $2,900,000. 
Pensacola, Navy Public Works Center, $2,100,000. 
GEORGIA 
Albany, Marine Corps Logistics Base, $4,550,000. 
Athens, Navy Supply Corps School, $1,000,000. 
Kings Bay, Naval Submarine Base, $66,689,000. 
HAWAII 
Kaneohe Bay, Marine Corps Air Station, $13,150,000. 
Lualualei, ^faval Magazine, $4,600,000. 
Pearl Harbor, Naval Submarine Base, $18,600,000. 
Pearl Harbor, Naval Submarine Training Center, Pacific, 
$5,550,000. 
Pearl Harbor, Navy Public Works Center, $750,000. 
Wahiawa, Naval Communication Area Master Station East-
em Pacific, $8,000,000. 
ILLINOIS 
Great Lakes, Naval Hospital, $12,270,000. 
Great Lakes, Naval Training Center, $15,900,000. 
INDIANA 
Crane, Naval Weapons Support Center, $4,000,000. 
Indianapolis, Naval Avionics Center, $8,000,000. 
MAINE 
Brunswick, Naval Air Station, $1,000,000. 
Brunswick, Naval Branch Medical Clinic, $2,650,000. 
Kittery, Portsmouth Naval Shipyard, $1,000,000. 
MARYLAND 
Indian Head, Naval Explosive Ordnance Disposal Technol(^y 
Center, $7,700,000. 
Indian Head, Naval Ordnance Station, $10,670,000. 
Patuxent River, Naval Air Test Center, $17,000,000. 
St. Inigoes, Naval Electronic Systems Engineering Activity, 
$2,950,000. 
MISSISSIPPI 
Meridian, Naval Air Station, $11,800,000. 
Pascagoula, Naval Station, $2,220,000. 
MISSOURI 
Kansas City, Marine Corps Support Activity, $10,000,000. 
103 STAT. 1624 
PUBLIC LAW 101-189—NOV. 29, 1989 
NEVADA 
Fallon, Naval Air Station, $1,000,000. 
NEW JERSEY 
Bayonne, Navy Publications and Printing Service Detach-
ment Office, $1,000,000, 
Earle, Naval Weapons Station, $14,270,000. 
NEW MEXICO 
Elephant Butte, Naval Space Surveillance Field Station, 
$4,700,000. 
NEW YORK 
New York, Naval Station, $25,640,000. 
NORTH CAROLINA 
Camp Lejeune, Marine Corps Base, $21,210,000. 
Cherry Point, Marine Corps Air Station, $10,750,000. 
New River, Marine Corps Air Station, $21,100,000. 
OKLAHOMA 
Tinker Air Force Base, Naval Air Detachment, $21,500,000. 
PENNSYLVANIA 
Philadelphia, Naval Shipyard, $10,000,000. 
RHODE ISLAND 
Newport, Naval Education and Training Center, $8,290,000. 
SOUTH CAROLINA 
Beaufort, Marine Corps Air Station, $4,920,000. 
Charleston, Naval Supply Center, $700,000. 
Charleston, Naval Weapons Station, $4,600,000. 
TENNESSEE 
Memphis, Naval Air Station, $10,000,000. 
TEXAS 
Ingleside, Naval Station, $19,720,000. 
Lackland Air Force Base, Naval Technical Training Center 
Detachment, $4,500,000. 
VIRGINIA 
Chesapeake, Naval Security Group Activity, Northwest, 
$1,300,000. 
Dahlgren, Naval Surface Warfare Center, $1,000,000. 
Dam 
Neck, 
Marine 
Environmental 
Systems 
Facility, 
$8,000,000. 
Little Creek, Naval Amphibious Base, $5,200,000. 
Norfolk, Naval Air Station, $4,400,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1625 
Norfolk, Naval Eastern Oceanography Center, $680,000. 
Norfolk, Naval Public Works Center, $332,000. 
Norfolk, Naval Supply Center, $6,500,000. 
Oceana, Naval Air Station, $12,555,000. 
Portsmouth, Norfolk Naval Shipyard, $9,700,000. 
Quantico, Marine Corps Combat Development Command, 
$3,450,000. 
Williamsburg, Cheatham Annex, Naval Supply Center, 
$18,500,000. 
Yorktown, Naval Weapons Station, $21,420,000. 
WASHINGTON 
Bremerton, Naval Hospital, $1,000,000. 
Bremerton, Puget Sound Naval Shipyard, $19,900,000. 
Bremerton, Puget Sound Naved Supply Center, $690,000. 
Everett, Naval Station, $11,200,000. 
Kejrport, Naval Undersea Warfare Engineering Station, 
$12,250,000. 
Oso, Jim Creek Naval Radio Station, $1,200,000. 
VARIOUS LOCATIONS 
Land acquisition, $22,300,000. 
0>) OUTSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
ASCENSION ISLAND 
Naval Communication Detachment, $3,500,000. 
i 
' 
^ 
•: 
AUSTRAUA 
Exmouth, Harold E. Holt Naval Communication Station, 
$610,000. 
GUAM 
Camp Covington, Mobile Construction Battalion, $4,300,000. 
Navy Public Works Center, $4,150,000. 
ICELAND 
Keflavik, Naval Air station, $7,500,000. 
Keflavik, Naval Communication Station, $8,450,000. 
ITALY 
Naples, Naval Support Activity, $46,600,000. 
PUERTO RICO 
Roosevelt Roads, Naval Communication Station, $1,300,000. 
SPAIN 
Rota, Naval Station, $1,900,000. 
'^ 
103 STAT. 1626 
PUBLIC LAW 101-189—NOV. 29, 1989 
UNITED KINGDOM 
EdzeU, Scotland, Naval Security Group Activity, $5,820,000. 
VARIOUS LOCATIONS 
Classified location, $5,800,000, 
Host Nation Infrastructure Support, $1,000,000. 
SEC. 2202. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Navy 
may, using amounts appropriated pursuant to section 2204(aX6XA), 
construct or acquire family housing units (including land acquisi-
tion), at the following installations in the number of units, and in 
the amount, shown for each installation: 
Camp Pendleton, Marine Corps Base, California, two hundred 
and ninety-five units, $25,150,000. 
El Toro, Marine Corps Air Station, California, two hundred 
units, $15,000,000. 
MofFett Field, Naval Air Station, California, seventy-four 
units, $6,600,000. 
San Francisco, Navy Public Works Center, California, three 
hundred and forty-four imits, $28,350,000. 
Glenview Naval Air Station, Illinois, one hundred forty units, 
$15,300,000. 
Tliurmont, Naval Support Facility, Maryland, eleven units, 
$1,160,000. 
Guantanamo, Naval Station, Cuba, two hundred and fifty-
four units, $31,669,000. 
Kefiavik, Naval Air Station, Iceland, one hundred twelve 
waits, $23,213,000. 
(b) PLANNING AND DESIGN.—The Secretary of the Navy may carry 
out architectural and engineering services and construction design 
activities, 
using 
amounts 
appropriated 
pursuant 
to 
section 
2204(aX6XA), with resi)ect to the construction or improvement of 
military family housing units in an amount not to exceed $3,100,000. 
(c) RaojECT.—(1) The Secretary of the Navy may construct one 
famiW housing unit, at a cost not to exceed $140,000, on the Naval 
Air Station at Kingsville, Texas, in accordance with applicable 
provisions of law. 
(2) Funds appropriated to the Department of the Navy for any 
fiscal year before fiscal year 1991 for military family housing 
projects that remain available, as savings, for obligation are hereby 
authorized to be made available, to the extent provided in appro-
priation Acts, to carry out paragraph (1). 
Termination 
(3) The authority to carry out this subsection shall expire on 
date. 
October 1,1994. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Navy may, using amounts appropriated 
pursuant to section 2204(aX6XA), improve existing military family 
housing units in the amount of $41,748,000. 
(b) WAIVER OP MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS.—Notwithstanding the maximum amount per unit 
for an improvement project under section 2825(b) of title 10, United 
States Code, the Secretly of the Navy may carry out projects to 
improve existing military family housing units at the following 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1627 
installations in the number of units, and in the amount, shown for 
each installation: 
Long Beach, Naval Station, California, forty-four units, 
$2,208,200. 
San Diego, Navy Public Works Center, California, one unit, 
$79,900. 
Great Lakes, Navy Public Works Center, Illinois, two hun-
dred and sixty-two units, $17,198,100. 
Lakehurst, Naval Air Engineering Center, New Jersey, 
thirty-two units, $1,946,400. 
Lakehurst, Naval Air Engineering Center, New Jersey, one 
unit, $80,100. 
New York, Naval Station, New York, ten units, $842,000. 
New York, Naval Station, New York, ten units, $719,100. 
Cherry Point, Marine Corps Air Station, North Carolina, two 
hundred and fourteen units, $13,398,000. 
Newport, Naval Education and Training Center, Rhode 
Island, two hundred and twenty units, $13,700,000. 
Bangor, Naval Submarine Base, Washington, one hundred 
units, $5,844,200. 
Guantanamo Bay, Naval Station, Cuba, one imit, $104,700. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1989, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Navy in the total amount of 
$1,962,935,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2201(a), $915,511,000. 
(2) For nulitary construction projects outside the United 
States authorized by section 2201(b), $90,930,000. 
(3) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $14,000,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$84,970,000. 
(5) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $5,810,000. 
(6) For military family housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $191,290,000; and 
(B) for support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$660,424,000, of which not more than $40,800,000 may be 
obligated or expended for the leasing of military family 
housing units worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2201 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
103 STAT. 1628 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 2205. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
Notwithstanding the provisions of section 2171(a) of the Military 
Construction Authorization Act, 1988 and 1989 (division B of Public 
Law 100-180; 101 Stat. 1206), authorizations for the following 
projects authorized in section 2121 of that Act shall remain in effect 
until October 1, 1990, or the date of the enactment of an Act (other 
than this Act) authorizing funds for military construction for fiscal 
year 1991, whichever is later: 
(1) Physical security improvements in the amount of 
$2,460,000 at Naval Air Station, Sigonella, Italy. 
(2) Cold-iron utilities support in the amount of $7,480,000 at 
^ Naval Support Office, La Maddalena, Italy. 
(3) Command, Control, Communications and Intelligence 
Complex in the amount of $19,400,000 at Naval Support Activ-
ity, Naples, Italy. 
SEC. 2206. STUDY AND SOLICITATION OF BIDS FOR OFFICE SPACE 
Virginia. 
(a) STUDY.—The Secretary of the Navy shall conduct a study to 
determine the location or locations in the State of Virginia at which 
the Department of the Navy can most efficiently and effectively 
carry out the operations it currently performs in such State within 
the National Capital Region. 
(b) REPORT.—The Secretary shall, within 90 days after the date of 
the enactment of this Act, transmit a report to the dlommittees on 
Armed Services of the Senate and the House of Representatives 
containing the findings and conclusions of such study. 
(c) SouciTATiON O
P BiDS.—After the 30-day period beginning on 
the date on which the report described in subsection (b) is transmit-
ted, the Administrator of (Jeneral Services may issue one or more 
solicitations of bids, in accordance with applicable law, for office 
space in the State of Virginia for use by the Department of the Navy 
in carrying out the operations of the Department currently being 
performed in such State within the National Capital Region. 
SEC. 2207. COMMUNITY SUPPORT CENTER, MARINE CORPS AIR STATION, 
TUSTIN, CALIFORNIA 
(a) PROJECT AUTHORIZATION.—(1) Section 2201(a) of the Military 
Construction Authorization Act, 1989 (Public Law 100-456; 102 Stat. 
2093), is amended by striking out "$10,990,000" after "Marine Corps 
Air Station, Tustin," under the heading "California" and inserting 
in lieu thereof "$12,036,000". 
(2) Section 2202(a) of such Act (102 Stat. 2097) is amended by 
striking out "and eighty mobile home spaces, $10,120,000" in the 
item relating to Marine (>)rps Air Station, El Toro, California, and 
inserting in lieu thereof ", $9,074,000". 
O
t
)
) AUTHORIZATION OF APPROPRIATIONS.—(D Section 2205(aXl) of 
such Act (102 Stat. 2099) is amended by striking out "$1,296,450,000" 
and inserting in lieu thereof "$1,297,496,000". 
(2) Section 2205(aX6XA) of such Act (102 Stat. 2099) is amended by 
striking 
out 
"$250,770,000" 
and 
inserting 
in 
lieu 
thereof 
"$249,724,000". 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1629 
I
f 
PART B—FISCAL YEAR 1991 
SEC. 2221. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
ARIZONA 
•
• 
Yuma, Marine Corps Air Station, $3,000,000. 
^ 
• 
CALIFORNIA 
Bridgeport, Marine Corps Mountain 
Warfare 
Training 
Center, California, $8,000,000. 
Twent3mine Palms, Marine Corps Air-Ground Combat Center, 
$3,600,000. 
FLORIDA 
Orlando, Naval Training Center, $17,950,000. 
fiir/ir?. .. ^
' •••• • 
G E O R G I A 
Kings Bay, Naval Submarine Base, $75,231,000. 
NORTH CAROUNA 
Camp Lejeune, Marine Corps Base, $3,000,000. 
Cherry Point, Marine Corps Air Station, $1,050,000. 
TEXAS 
Lackland Air Force Base, Naval Technical Training Center 
Detachment, $11,800,000. 
VIRGINIA 
Dam 
Neck, 
Marine 
Environmental 
Systems 
Facility, 
$8,000,000. 
Little Creek, Naval Amphibious Base, $12,400,000. 
WASHINGTON 
;i . 
Everett, Naval Station, $22,150,000. 
O
b
) OUTSIDE THE UNITED STATES.—The Secretary of the Navy may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
ICELAND 
Keflavik, Naval Air station, $1,030,000. 
SEC. 2222. FAMILY HOUSING 
The Secretary of the Navy may, using amounts appropriated 
pursuant to section 2223(aX5XA), construct or acquire family hous-
ing units (including land acquisition), at the following installations 
103 STAT. 1630 
PUBLIC LAW 101-189—NOV. 29, 1989 
in the number of units, and in the amount, shown for each installa-
tion: 
New York, Naval Station, New York, one hundred fifty units, 
$19,600,000. 
Keflavik, Naval Air Station, Iceland, one hundred twelve 
units, $27,200,000. 
SEC. 2223. AUTHORIZATION OF APPROPRIATIONS, NAVY 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1990, for military 
construction, land acquisition, sind military family housing func-
tions of the Department of the Navy in the total amount of 
$986,410,000 as follows: 
(1) For military construction projects inside the United States 
authorized by section 2221(a), $166,181,000. 
(2) For military construction projects outside the United 
States authorized by section 2221(b), $1,030,000. 
(3) For unspecified minor construction projects under section 
2805 of title 10, United States Ck)de, $15,500,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States (Dode, 
$81,999,000. 
(5) For military family housing functions— 
(A) for construction and acquisition of military fsimily 
housing and facilities, $46,800,000; and 
(B) for support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
( 
$674,900,000, of which not more than $66,421,000 may be 
obligated or expended for the leasing of military family 
housing units worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2221 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
TITLE XXIII—AIR FORCE 
PART A—FISCAL YEAR 1990 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the installations and 
locations inside the United States: 
ALABAMA 
Gunter Air Force Base, $12,100,000. 
Maxwell Air Force Base, $1,520,000. 
ALASKA 
Clear Air Force Station, $5,000,000. 
Eielson Air Force Base, $21,000,000. 
-^ 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1631 
Elmendorf Air Force Base, $2,400,000. 
King Salmon Airport, $8,000,000. 
Shemya Air Force Base, $22,700,000. 
ARIZONA 
Davis-Monthan Air Force Base, $8,200,000. 
Luke Air Force Base, $3,970,000. 
Williams Air Force Base, $1,850,000. 
ARKANSAS 
Ira Eaker Air Force Base, $4,050,000. 
v 
CALIFORNIA 
Beale Air Force Base, $13,472,000. 
Castle Air Force Base, $3,900,000. 
Edwards Air Force Base, $12,400,000. 
McClellan Air Force Base, $27,730,000. 
Onizuka Air Force Station, $14,800,000. 
Travis Air Force Base, $9,000,000. 
Vandenberg Air Force Base, $13,550,000. 
COLORADO 
Lowry Air Force Base, $21,250,000. 
DELAWARE 
Dover Air Force Base, $8,300,000. 
FLORIDA 
Cape Canaveral Air Force Station, $89,000,000. 
Eglin Air Force Base, $12,100,000. 
Eglin Air Force Base, Auxiliary Field 9, $21,900,000. 
Homestead Air Force Base, $7,350,000. 
MacDill Air Force Base, $4,490,000. 
Patrick Air Force Base, $3,800,000. 
Tyndall Air Force Base, $8,500,000. 
GEORGIA 
Robins Air Force Base, $33,350,000. 
HAWAII 
Hickam Air Force Base, $530,000. 
ILLINOIS 
Scott Air Force Base, $8,400,000. 
V 
INDIANA 
Grissom Air Force Base, $6,800,000. 
> 
' 
KANSAS 
McConnell Air Force Base, $5,200,000. t^ 
103 STAT. 1632 
PUBLIC LAW 101-189—NOV. 29, 1989 
LOUISIANA 
Barksdale Air Force Base, $7,700,000. 
England Air Force Base, $10,300,000. 
MAINE 
Loring Air Force Base, $8,500,000. 
MARYLAND 
Andrews Air Force Base, $5,550,000. 
MASSACHUSETTS 
Hanscom Air Force Base, $5,600,000. 
MICHIGAN 
K.I. Sawyer Air Force Base, $4,300,000. 
MISSISSIPPI 
Columbus Air Force Base, $1,200,000. 
MISSOURI 
Whiteman Air Force Base, $72,500,000. 
MONTANA 
Malmstrom Air Force Base, $32,100,000. 
NEBRASKA 
Offutt Air Force Base, $1,150,000. 
NEVADA 
Nellis Air Force Base, $4,800,000. 
NEW JERSEY 
McGuire Air Force Base, $4,900,000. 
NEW MEXICO 
HoUoman Air Force Base, $17,350,000. 
Kirtland Air Force Base, $18,350,000. 
NEW YORK 
Griffis Air Force Base, $7,400,000. 
Plattsburgh Air Force Base, $9,900,000. 
NORTH CAROLINA 
Seymour Johnson Air Force Base, $4,500,000. 
NORTH DAKOTA 
Grand Forks Air Force Base, $1,900,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1633 
OHIO 
Newark Air Force Base, $2,980,000. 
Wright Patterson Air Force Base, $11,760,000. 
OKLAHOMA 
Altus Air Force Base, $5,200,000. 
Tinker Air Force Base, $56,800,000. 
^ ^ 
SOUTH CAROUNA 
Charleston Air Force Base, $4,650,000. 
Myrtle Beach Air Force Base, $2,350,000. 
Shaw Air Force Base, $5,700,000. 
SOUTH DAKOTA 
Ellsworth Air Force Base, $11,350,000. 
TEXAS 
Bergstrom Air Force Base, $2,400,000. 
Carswell Air Force Base, $650,000. 
Goodfellow Air Force Base, $3,300,000. 
Kelly Air Force Base, $17,930,000. 
Lackland Air Force Base, $34,250,000. 
Lackland Training Annex, $1,994,000. 
Laughlin Air Force Base, $5,350,000. 
Randolph Air Force Base, $630,000. 
Reese Air Force Base, $4,630,000. 
UTAH 
Hill Air Force Base, $16,950,000. 
VIRGINIA 
Langley Air Force Base, $3,300,000. 
WASHINGTON 
Fairchild Air Force Base, $14,200,000. 
WYOMING 
F. E. Warren Air Force Base, $104,850,000. 
0)) OUTSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
CANADA 
Various Locations, $24,000,000. 
GERMANY 
Hahn Air Base, $4,120,000. 
Sembach Air Base, $1,250,000. 
Spangdahlem Air Base, $1,250,000. 
103 STAT. 1634 
PUBLIC LAW 101-189—NOV. 29, 1989 
Zweibrucken Air Base, $6,100,000. 
GUAM 
Andersen Air Force Base, $6,500,000. 
ICELAND 
Naval Air Station, Keflavik, $7,400,000. 
ITALY 
Aviano Air Base, $2,250,000. 
San Vito Air Station, $2,750,000. 
KOREA 
Kunsan Air Base, $7,900,000. 
OMAN 
Seeb, $2,200,000. 
Thumrait, $23,600,000. 
PORTUGAL 
Lajes Field, $10,000,000. 
TURKEY 
Balikesir Radio Relay Site, $3,600,000. 
Erhac Air Base, $2,750,000. 
Incirlik Air Base, $1,100,000. 
UNITED KINGDOM 
Bovingdon Radio Relay Site, $400,000. 
RAF Alconbury, $1,300,000. 
RAF Barford St. John, $490,000. 
RAF Bentwaters, $2,450,000. 
RAF Christmas Common Radio Relay Site, $210,000. 
RAF Fairford, $1,350,000. 
RAF Mildenhall, $1,650,000. 
RAF Upper Heyford, $5,350,000. 
VARIOUS LOCATIONS 
Classified location, $740,000. 
SEC. 2302. FAMILY HOUSING 
(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the 
Air 
Force may, using amounts appropriated pursuant to section 
2304(aX7XA), construct or acquire family housing units (including 
land acquisition) at the following installations in the number of 
units, and in the £unount, shown for each installation: 
Kelly Air Force Base, Texas, eleven units, $1,619,000. 
Ramstein Air Base, Germany, two hundred units, $18,722,000. 
(b) PLANNING AND DESIGN.—The Secretary of the Air Force may, 
using amounts appropriated pursuant to section 2304(aX7XA), carry 
out architectural and engineering services and construction design 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1635 
activities with respect to the construction or improvement of mili-
tary family housing units in an amount not to exceed $8,000,000. 
SEC. 2303. IMPROVEMENT TO MILITARY FAMILY HOUSING UNITS 
(a) IN GENERAL.—Subject to section 2825 of title 10, United States 
Code, the Secretary of the Air Force may, using amounts appro-
priated pursuant to section 2304(aX7XA), improve existing military 
family housing units in an amount not to exceed $173,349,000. 
(b) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVE-
MENT PROJECTS,—Notwithstanding the maximum amount per unit 
for an improvement project under section 2825(b) of title 10, United 
States Code, the Secretary of the Air Force may carry out projects to 
improve existing military family housing units at the following 
installations in the number of units shown, and in the amount 
shown, for each installation: 
Maxwell Air Force Base, Alabama, eight units, $357,000; eight 
units, $800,000; one imit, $108,000; thirty-two units, $1,548,000. 
Elmendorf Air Force Base, Alaska, eighty-eight imits, 
$9,578,000; forty units, $4,451,000. 
Davis-Monthan Air Force Base, Arizona, five units, $200,000. 
Travis Air Force Base, California, one hundred forty-two 
units, $7,691,000. 
Peterson 
Air 
Force 
Base, Colorado, thirty-two 
units, 
$1,438,000. 
Boiling Air Force Base, District of Coliunbia, forty units, 
$1,683,000. 
Tyndall Air Force Base, Florida, forty units, $2,441,000. 
Scott Air Force Base, Illinois, four units, $250,000; eighty 
imits, $4,076,000. 
England Air Force Base, Louisiana, one hundred one units, 
$4,208,000. 
Whiteman Air Force Base, Missouri, fifteen units, $970,000. 
Nellis Air Force Base, Nevada, thirty-two units, $1,727,000. 
Holloman Air Force Base, New Mexico, one hundred twenty-
three units, $5,710,000; one unit, $47,000. 
Bergstrom Air Force Base, Texas, two imits, $149,000, 
Carswell Air Force Base, Texas, one hundred nineteen units, 
$5,432,000. 
Kelly Air Force Base, Texas, seventy-nine units, $3,650,000. 
Randolph Air Force Base, Texas, one hundred twenty-four 
units, $4,136,000; one unit, $78,000. 
Langley Air Force Base, Virginia, eighty-six units, $5,398,000. 
Fairchild Air Force Base, Washington, two hundred thirty 
units, $12,162,000. 
Ramstein Air Base, Germany, one unit, $137,000; twenty-four 
units, $2,180,000; thirty-eight units, $2,681,000. 
Spangdahlem Air Base, Germany, four luiits, $302,000. 
Aiidersen Air Base, Guam, two himdred units, $17,817,000. 
RAF Alconbury, United Kingdom, one unit, $55,000. 
RAF Bentwaters, United 
Kingdom, eighty-three 
units, 
$4,610,000. 
RAF 
Chicksands, 
United 
Kingdom, 
thirty-four 
units, 
$3,027,000. 
RAF 
Lakenheath, 
United 
Kingdom, 
fourteen 
units, 
$1,153,000; sixty units, $3,408,000. 
RAF Mildenhall, United Kingdom, two units, $89,000. 
103 STAT. 1636 
PUBLIC LAW 101-189—NOV. 29, 1989 
(c) WAIVER OF SPACE LIMITATIONS FOR FAMILY HOUSING UNITS,— 
(1) The Secretary of the Air Force may carry out improvement 
projects to add to and alter existing family housing units and, 
notwithstanding section 2826(a) of title 10, United States Code, to— 
(A) increase the net floor area of one family housing unit at 
Ramstein Air Base, Germany, to not more than 3,045 square 
feet; 
(B) increase the net floor area of four family housing units at 
Scott Air Force Base, Illinois, to not more than 2,470 square 
feet; and 
(C) increase the net floor area of two family housing units at 
Hill Air Force Base, Utah, to not more than 2,315 square feet. 
(2) The Secretary of the Air Force may, notwithstanding section 
2826(a) of title 10, United States Clode, carry out new construction 
projects to build five family housing units at Kelly Air Force Base, 
Texas, to not more than 3,()00 square feet. 
(3) For purposes of this subsection, the term "net floor area" has 
the same meaning given that term by section 2826(f) of title 10, 
United States Ck>de. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1989, for inilitary 
construction, land acquisition, and military family housing func-
tions of the Department of the Air Force in the total amount of 
$2,193,638,000, as follows: 
(1) For military construction projects inside the United States 
authorized by section 2301(a), $945,836,000. 
(2) For military construction projects outside the United 
States authorized by section 23010)), $120,710,000. 
(3) For the construction of the Large Rocket Test Facility, 
Arnold Engineering Development Center, Tennessee, as au-
thorized by section 2301(a) of the Military Construction 
Authorization Act, 1989 (division B of Public Law 100-456; 102 
Stat. 2101), $66,000,000. 
(4) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $7,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$106,094,000. 
(6) For advances to the Secretary of Transportation for 
construction of defense access roads under section 210 of title 
23, United States Code, $3,000,000. 
(7) For military family housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $201,690,000; and 
(B) for support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$743,308,000, of which not more than $96,000,000 may be 
obligated or expended for leasing of military family housing 
units worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
witlistanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorised by 
law, the total cost of all projects carried out under section 2301 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1637 
(c) AUTHORIZED PROJECTS.—(1) The Secretary of the Air Force may 
use not more than $248,900 of the amount appropriated pursuant to 
the authorization in subsection (a) to acquire a depot operations 
logistics facility at Tinker Air Force Base, Oklahoma. 
(2) The Secretary of the Air Force may provide not more than 
$7,250,000 of the amount appropriated pursuant to the authorization 
in subsection (aXD to the Douglas School District, South Dakota, for 
the construction of a middle school primarily for the dependents of 
Armed Forces personnel assigned to duty at Ellsworth Air Base, 
South Dakota. 
SEC. 2305. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS 
(a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1986 
PROJECT.—Notwithstanding the provisions of section 606(a) of the 
Military Construction Authorization Act, 1986 (Public Law 99-167; 
99 Stat. 982), authorization for the following project authorized in 
section 301 of that Act shall remain in effect until October 1, 1990, 
or the date of the enactment of an Act (other than this Act) 
authorizing funds for military construction for fiscal year 1991, 
whichever is later: 
GEODSS Site 5, Portugal, Composite Support Facility in the 
£unount of $2,250,000 and Spacetrack Observation Facility in 
the amount of $12,400,000. 
(b) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1987 
PROJECT.—Notwithstanding the provisions of section 2701(a) of the 
Military Construction Authorization Act, 1987 (division B of Public 
Law 99-661; 100 Stat. 4040), authorization for the following project 
authorized in section 2301 of that Act shall remain in effect until 
October 1, 1990, or the date of the enactment of an Act (other than 
this Act) authorizing funds for military construction for fiscal year 
1991, whichever is later: 
KC-135 CPT Simulator Facility in the amount of $760,000 at 
Beale Air Force Base, California. 
(c) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
1988 
PROJECTS.—Notwithstanding the provisions of section 2171(a) of the 
Military C!onstruction Authorization Act, 1988 and 1989 (division B 
of Public Law 100-180; 101 Stat. 1206), authorization for the follow-
ing projects authorized in sections 2131 and 2132 of that Act shall 
remain in effect until October 1, 1990, or the date of the enactment 
of an Act (other than this Act) authorizing funds for military 
construction for fiscal year 1991, whichever is later: 
(1) KC-135 CPT Simulator Facility, in the amount of 
$1,150,000 at Loring Air Force Base, Maine. 
(2) Thirty-four family housing units in the amount of 
$2,530,000 at Holbrook, Arizona. 
SEC. 2306. LUKE AIR FORCE BASE. ARIZONA 
Section 2301(a) of the Military Construction Authorization Act, 
1989 (division B of Public Law 100-456; 102 Stat. 2101) is amended— 
(1) by striking out "Williams Air Force Base, $11,130,000." 
under the heading "Arizona" and inserting in lieu thereof 
"Williams Air Force Base, $9,230,000."; and 
(2) by striking out "Luke Air Force Base, $4,550,000." under 
the heading "Arizona" and inserting in lieu thereof "Luke Air 
Force Base, $6,450,000.". 
103 STAT. 1638 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 2307. ARNOLD ENGINEERING DEVELOPMENT CENTER, TENNESSEE 
(a) PROJECT AMOUNT.—Section 2301(a) of the Military Construc-
tion Authorization Act, 1989 (division B of Public Law 100-456; 102 
Stat. 2101), is amended by striking out "Arnold Engineering Devel-
opment Center, $213,800,000." under the heading "Tennessee" and 
inserting in lieu thereof "Arnold Engineering Development Center, 
$256,800,000.". 
Ot)) TITLE TOTAL.—Section 2304(bX2) of such Act (102 Stat. 2108) is 
amended by striking out "$133,000,000" and inserting in lieu thereof 
"$176,000,000". 
SEC. 2308. REFERENCE TO LIMITATION ON OBLIGATION OF FUNDS FOR 
MX RAIL GARRISON PROGRAM 
Limitations with respect to the obligation of funds for construc-
tion in connection with the the MX Rail Garrison program are set 
forth in section 231. 
PART B—FISCAL YEAR 1991 
SEC. 2321. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISL 
TION PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the installations and 
locations inside the United States: 
ALASKA 
Shemya Air Force Base, $48,200,000. 
COLORADO 
Falcon Air Force Station, $2,000,000. 
Peterson Air Force Base, $17,750,000. 
OKLAHOMA 
Altus Air Force Base, $7,900,000. 
SOUTH CAROUNA 
Charleston Air Force Base, $8,740,000. 
TEXAS 
Lackland Air Force Base, $22,550,000. 
UTAH 
Hill Air Force Base, $2,350,000. 
(b) OUTSIDE THE UNITED STATES.—The Secretary of the Air Force 
may acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
GERMANY 
Hahn Air Base, $7,200,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1639 
WORLDWIDE CLASSIFIED 
Qassified locations, $5,910,000. 
SEC 2322. FAMILY HOUSING 
The Secretary of the Air Force may, using amounts appropriated 
pursuant to section 2323(aX6XA), construct or acquire family hous-
ing units (including land acquisition) at the following installation: 
Malmstrom Air Force Base, Montana, one unit, $180,000. 
SEC. 2323. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1990, for military 
construction, land acquisition, and military family housing func-
tions of the Department of the Air Force in the total amount of 
$1,150,836,000, as follows: 
(1) For military construction projects inside the United States 
authorized by section 2321(a), $109,490,000. 
(2) For nulitary construction projects outside the United 
States authorized by section 23210)), $13,110,000. 
(3) For the construction of the Large Rocket Test Facility, 
Arnold Engineering Development Center, Tennessee, as au-
thorized by section 2301(a) of the Military Construction 
Authorization Act, 1989 (division B of Public Law 100-456; 102 
Stat. 2101), $66,300,000. 
(4) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $12,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States diode, 
$114,756,000. 
(6) For military family housing functions— 
(A) for construction and acquisition of military family 
housing and facilities, $180,000; and 
(B) for support of military family housing (including func-
tions described in section 2833 of title 10, United States 
Code), $835,000,000, of which not more than $138,632,000 
may be obligated or expended for leasing of military family 
housing units worldwide. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by 
law, the total cost of all projects carried out under section 2321 of 
this Act may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a). 
TITLE XXIV—DEFENSE AGENCIES 
PART A—FISCAL YEAR 1990 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
(a) INSIDE THE UNITED STATES.—The Secretary of Defense may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations inside the United States: 
103 STAT. 1640 
PUBLIC LAW 101-189—NOV. 29, 1989 
DEFENSE LOGISTICS AGENCY 
Defense Depot, Tracy, California, $24,000,000. 
Defense Reutilization and Marketing Office, Eglin Air Force 
Base, Florida, $2,750,000. 
< 
Defense Fuel Support Point, Searsport, Maine, $2,700,000. 
Defense 
Construction 
Supply 
Center, 
Columbus, Ohio, 
$26,600,000. 
Defense Personnel Support Center, Philadelphia, Pennsylva-
nia, $3,800,000. 
Defense 
General 
Supply 
Center, 
Richmond, 
Virginia, 
$6,066,000. 
Defense 
Fuel Support 
Point, Manchester, 
Washington, 
$22,600,000. 
DEFENSE MEDICAL FACIUTIES OFFICE 
Maxwell Air Force Base, Alabama, $1,600,000. 
Naval Air Station, Mobile, Alabama, $3,000,000. 
, 
Naval Air Station, Adak, Alaska, $18,000,000. 
Marine Corps Air Station, Twentynine Palms, California, 
$38,000,000. 
Fitzsimons Army Medical Center, Colorado, $5,200,000. 
Hurlburt Field, Florida, $6,000,000. 
Naval Air Station, Jacksonville, Florida, $2,400,000. 
Patrick Air Force Base, Florida, $2,700,000. 
Andrews Air Force Base, Maryland, $2,900,000. 
Naval Station, Pascagoula, Mississippi, $2,548,000. 
Nellis Air Force Base, Nevada, $62,000,000. 
Lackland Air Force Base, Texas, $6,000,000. 
Naval Station, Ingleside, Texas, $2,300,000. 
Portsmouth Naval Hospital, Virginia, $330,000,000. 
DEFENSE NUCLEAR AGENCY 
Armed Forces Radiobiology Research Institute, Bethesda, 
Maryland, $900,000. 
NATIONAL SECURITY AGENCY 
Fort George G. Meade, Maryland, $21,444,000. 
OFFICE OF THE SECRETARY OF DEFENSE 
The Pentagon, Arlington, Virginia, $3,500,000. 
Classified Location, $4,500,000. 
UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES 
Bethesda, Maryland, $600,000. 
STRATEGIC DEFENSE INITIATIVE ORGANIZATION 
4 
-
Nellis Air Force Base, Nevada, $6,542,000. 
Qo) OUTSIDE THE UNITED STATES.—The Secretary of Defense may 
acquire real property and may carry out military construction 
projects in the amounts shown for each of the following installations 
and locations outside the United States: 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1641 
DEFENSE MEDICAL FACILITIES OFFICE 
Camp Carroll, Korea, $1,500,000. 
Camp Garry Owen, Korea, $800,000. 
DEFENSE NUCLEAR AGENCY 
Johnston Atoll, $6,168,000. 
DEPARTMENT OF DEFENSE SCHOOLS 
Naval Air Station, Bermuda, $4,810,000. 
Augsburg, Germany, $6,300,000. 
Frankfurt, Germany, $7,101,000. 
Grafenwoehr, Germany, $4,186,000. 
Hohenfels, Germany, $17,079,000. 
Royal Air Force, Bicester, United Kingdom, $6,275,000. 
Royal Air Force, Upwood, United Kingdom, $4,175,000. 
Various Locations, $6,600,000. 
DEPARTMENT OF DEFENSE SECTION VI SCHOOLS 
Fort Buchanan, Puerto Rico, $1,155,000. 
Roosevelt Roads, Puerto Rico, $6,541,000. 
NATIONAL SECURITY AGENCY 
Classified Location, $23,000,000. 
SEC. 2402. FAMILY HOUSING 
Classified 
The Secretary of Defense may, using amounts appropriated pursu-
ant to section 2405(aX10XA), construct or acquire three family hous-
ing units (including land acquisition) at classified locations in the 
^ 
total amount not to exceed $400,000. 
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS 
Subject to section 2825 of title 10, United States Code, the Sec-
retary of Defense may, using amounts appropriated pursuant to 
section 2405(aX10XA), improve existing military family housing 
units in an amount not to exceed $200,000. 
SEC. 2404. CONFORMING STORAGE FACILITIES 
Section 2404(a) of the Military Construction Authorization Act, 
1987 (division B of Public Law 99-661; 100 Stat. 4037) is amended to 
read as follows: 
"(a) AUTHORITY TO CONSTRUCT.—The Secretary of Defense may, 
using not more than $10,000,000 appropriated for fiscal year 1987, 
not more than $5,000,000 appropriated for fiscal year 1988, not more 
than $9,300,000 appropriated for fiscal year 1989, and not more than 
$11,000,000 appropriated for fiscal year 1990, carry out military 
construction projects not otherwise authorized by law for conform-
ing storage facilities.". 
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1989, for military 
construction, land acquisition, and military family housing func-
tions of the Department of Defense (other than the military depart-
ments), in the total amount of $562,720,000, as follows: 
103 STAT. 1642 
PUBLIC LAW 101-189—NOV. 29, 1989 
(1) For military construction projects inside the United States 
authorized by section 2401(a), $235,150,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $95,690,000. 
(3) For military construction projects at Fort Sill, Oklahoma, 
as authorized by section 2401(a) of the Military Construction 
Authorization Act, 1989 (division B of Public Law 100-456; 102 
Stat. 2109), $27,000,000. 
(4) For military construction projects at Fort Sam Houston, 
Texas, authorized by section 2401(a) of the Military Construc-
tion Authorization Act, 1987 (division B of Public Law 99-661; 
100 Stat. 4034), $53,000,000. 
(5) For military construction projects at Fort Lewis, Washing-
ton, authorized by section 101 of the Military CJonstruction 
Authorization Act, 1985 (Public Law 98-407; 98 Stat. 1495), 
$16,000,000. 
(6) For unspecified minor construction projects under section 
2805 of title 10, United States Code, $13,100,000. 
(7) For contingency construction projects of the Secretary of 
Defense under section 2804 of title 10, United States Code, 
$10,000,000. 
(8) For architectural and engineering services and for 
construction d e s ^ under section 2807 of title 10, United States 
Ck)de, $80,480,000. 
(9) For conforming storage facilities construction under the 
authority of section 
2404 of the Military 
Construction 
Authorization Act, 1987 (division B of Public Law 99-661; 100 
Stat. 4037), $11,000,000. 
(10) For military family housing functions— 
(A) for construction and acquisition of military 
family housing facilities, $600,000; and 
(B) for support of military housing (including func-
tions described in section 2833 of title 10, United States 
Code), $20,700,000, of which not more than $17,825,000 
may be obligated or expended for the leasing of mili-
tary family housing units worldwide. 
O
t
>
) LIMITATION OF TOTAL (3OST OF CONSTRUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States (Dode, and any other cost variations authorized by 
law, the total cost of all projects carried out under section 2401 may 
not exceed— 
(1) the total amount authorized to be appropriated under 
paragraph (1) and (2) of subsection (a); 
(2) $321,500,000 (the balance of the amount authorized under 
section 2401(a) for the construction of a medical facility at 
Portsmouth Naval Hospital, Virginia); and 
(3) $52,000,000 (the balance of the amount authorized by 
section 2401(a) for the construction of a hospital at Nellis Air 
Force Base, Nevada). 
SEC 2406. EXTENSION OF CERTAIN PREVIOUS AUTHORIZATIONS 
(a) EXTENSION OF CERTAIN 1987 PROJECT.—Notwithstanding the 
provisions of section 2701(a) of the Military CJonstruction Authoriza-
tion Act, 1987 (division B of Public Law 99-661; 100 Stat. 4040), the 
authorization for the Defense Fuel Support Point, Charleston, South 
Carolina, in the amount of $5,530,000, in section 2401(a) of that Act 
shall remain in effect until October 1, 1990, or until the date of 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1643 
enactment of an Act (other than this Act) authorizing funds for 
military construction for fiscal year 1991, whichever is later. 
Qo) EXTENSION OF CERTAIN 1988 PROJECTS.—Notwithstanding the 
provisions of section 2171(a) of the Military Construction Authoriza-
tion Act, 1988 and 1989 (division B of Public Law 100-180; 101 Stat. 
1206), authorizations for the following projects authorized in sec-
tion 2141 of that Act shall remain in effect until October 1, 1990, or 
until the date of enactment of an Act (other than this Act) authoriz-
ing funds for military construction for fiscal year 1991, whichever is 
' (1) Fuel Tankage, in the amount of $9,400,000 at Defense Fuel 
Supply Point, Key West, Florida. 
(2) Second Echelon Medical Storage Facility, Iraklion, Greece, 
$340,000. 
(3) (Composite Medical Facility, Misawa Air Base, Japan, 
$4,700,000. 
SEC. 2407. MEDICAL FACILITY, FORT SILL, OKLAHOMA 
(a) PROJECT AMOUNT.—Section 2401 of the Military Ck)nstruction 
Authorization Act, 1989 (division B of Public Law 100-456; 102 Stat. 
2109) is amended in the items listed under the heading "Defense 
Medical Facilities Office", by striking out "Fort Sill, Oklahoma, 
$54,000,000." and inserting in lieu thereof "Fort Sill, Oklahoma, 
$68,000,000.". 
(b) TITLE TOTAL.—Section 2407(bX2) of such Act (102 Stat. 2112) is 
amended by striking out "$27,000,000" and inserting in lieu thereof 
"$41,000,000". 
PART B—FISCAL YEAR 1991 
SEC. 2421. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
The Secretary of Defense may acquire real property and may 
carry out military construction projects in the amount shown for the 
following installation outside the United States. 
DEPARTMENT OF DEFENSE SECTION VI SCHOOLS 
Fort Buchanan, Puerto Rico, $4,200,000. 
SEC. 2422. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES 
(a) IN GENERAL.—Funds are hereby authorized to be appropriated 
for fiscal years beginning after September 30, 1990, for military 
construction, land acquisition, and military family housing func-
tions of the Department of Defense (other than the military depart-
ments), in the total amount of $456,100,000, as follows: 
(1) For military construction projects outside the United 
States authorized by section 2421, $4,200,000. 
(2) For military construction projects at Fort Sam Houston, 
Texas, authorized by section 2401(a) of the Military C!!onstruc-
tion Authorization Act, 1987 (division B of Public Law 99-661; 
100 Stat. 4034), $84,000,000. 
(3) For military construction projects at Portsmouth Naval 
Hospital, Virginia, authorized by section 2401(a), $176,000,000. 
(4) For military construction projects at Nellis Air Force Base, 
Nevada, authorized by section 2401(a), $52,000,000. 
(5) For unspecified minor construction projects under sec-
tion 2805 of title 10, United States Code, $14,200,000. 
103 STAT. 1644 
PUBLIC LAW 101-189—NOV. 29, 1989 
(6) For contingency construction projects of the Secretary of 
Defense under section 2804 of title 10, United States Code, 
. 
$10,000,000. 
(7) For architectural and engineering services and for 
construction design under section 2i807 of title 10, United States 
Code, $94,400,000. 
(8) For support of military family housing (including functions 
described in section 2833 of title 10, United States Code), 
$21,300,000, of which not more than $18,135,000 may be obli-
gated or expended for the leasing of military family hoiising 
units worldwide. 
O
o
) LIMITATION OF TOTAL COST OF CONSTKUCTION PROJECTS.—Not-
withstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variations authorized by 
law, the total cost of all projects carried out under section 2421 may 
not exceed the total amount authorized to be appropriated under 
paragraph (1) of subsection (a). 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
INFRASTRUCTURE 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
PROJECTS 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Oi^anization Infrastructure Program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2502 of this Act and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC 2502. AUTHORIZATION OF APPROPRIATIONS, NATO 
Funds are hereby authorized to be appropriated for fiscal years 
b^inning after September 30, 1989, for contributions by the Sec-
retary of Defense xmder section 2806 of title 10, United States Code, 
for the share of the United States of the cost of projects for the 
North Atlantic Treaty Organization Infrastructure Program as au-
thorized by section 2501 of this Act, in the amount of $424,714,000. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
PART A—FISCAL YEAH 1990 
SEC 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
Funds are hereby authorized to be appropriated for fiscal years 
b^inning after September 30, 1989, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, 
under chapter 133 of title 10, United States Code (including the cost 
of acquisition of land for those facilities), the following amoimts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$187,411,000, and 
(B) for the Army Reserve, $80,800,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1645 
(2) For the Department of the Navy, for the Naval and Marine 
Corps Reserve, $56,600,000. 
(3) For the Etepartment of the Air Force— 
(A) for the Air National Guard of the United States, 
$198,628,000, and 
(B) for the Air Force Reserve, $46,200,000. 
PART B—FISCAL YEAR 1991 
SEC. 2621. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1990, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, 
under chapter 133 of title 10, United States Code (including the cost 
of acquisition of land for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$119,500,000, and 
(B) for the Army Reserve, $62,800,000. 
(2) For the Department of the Navy, for the Naval and Marine 
Corps Reserve, $53,300,000. 
(3) For the Etepartment of the Air Force— 
(A) for the Air National Guard of the United States, 
$107,500,000, and 
(B) for the Air Force Reserve, $38,500,000. 
; 
TITLE XXVII—EXPIRATION OF AUTHORIZATIONS 
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED 
TO BE SPECIFIED BY LAW 
(a) IN GENERAL.—Authorizations of military construction projects, 
land acquisition, family housing projects and facilities, contributions 
to the NATO Infrastructure Program, and Guard and Reserve 
projects in titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this 
subdivision (and authorizations of appropriations therefor) shall be 
effective only to the extent that appropriations are made for such 
projects, acquisition, facilities, and contributions during the first 
session of the One Hundred First Congress. 
(b) EXPIRATION OF AUTHORIZATIONS AFTER TWO YEARS IN CERTAIN 
CASES.—(1) Except as provided in subsections (a) and (cXl), all 
authorizations contained in part A of each of titles XXI, XXII, 
XXIII, and XXTV and the authorization in title XXV for military 
construction projects, land acquisition, family housing projects and 
facilities, and contributions to the NATO Infrastructure Program 
(and authorizations of appropriations therefor) shall expire on Octo-
ber 1,1991, or the date of the enactment of an Act authorizing funds 
for militaiy construction for fiscal year 1992, whichever is later. 
(2) Except as provided in subsections (a) and (cX2), all authoriza-
tions contained in part B of each of titles XXI, XXII, XXIII, and 
XXIV, for military construction projects, land acquisition, and 
family housing projects and facilities (and authorizations of appro-
priations therefor) shall expire on October 1, 1992, or tne date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 1993, whichever is later. 
103 STAT. 1646 
PUBLIC LAW 101-189—NOV. 29, 1989 
(c) EXCEPTIONS.—(1) The provisions of subsection (bXD do not 
apply to authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and contributions to 
the NATO Infrastructure Program (and authorizations of appropria-
tions therefor), for which appropriated funds have been obligated 
before October 1, 1991, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 1992, 
whichever is later, for military construction projects, land acquisi-
tions, family housing projects and facilities, or contributions to the 
NATO Infrsistructure Program. 
(2) The provisions of subsection (bX2) do not apply to authoriza-
tions for military construction projects, land acquisition, and family 
housing projects and facilities (and authorizations of appropriations 
therefor), for which appropriated funds have been obligated before 
October 1, 1992, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 1993, whichever is 
later, for military construction projects, land acquisitions, family 
housing projects and facilities. 
TITLE XXVIII—GENERAL PROVISIONS 
PART A—MILITARY (DONSTRUCTION PROGRAM CHANGES 
SEC. 2801. FAMILY HOUSING RENTAL GUARANTEE PROGRAM 
Section 802(b) of the Military Construction Authorization Act, 
1984 (10 U.S.C. 2821 note) is amended— 
(1) by striking out clause (11) and inserting in lieu thereof the 
following: 
"(11) shall include a provision authorizing the Secretary of 
the militery department concerned, or the Secretary of 
Transportation with respect to the (Doast Guard, to take such 
action as the Secretary considers appropriate to protect the 
interests of the United Stetes, including rendering the agree-
ment null and void if, in the opinion of the Secretory, the owner 
of the housing fails to maintoin a satisfactory level of operation 
and maintenance;"; 
(2) by striking out the period at the end of paragraph (12) and 
inserting in lieu thereof a semicolon; and 
(3) by adding after paragraph (12) the following new para-
graphs: 
"(13) may provide that utilities, trash collection, snow re-
>• 
moval, and entomological services will be furnished by the 
f 
Federal Government at no cost to the occupant to the same 
extent that these items are provided to occupants of housing 
owned by the Federal Government; and 
"(14) may require that rent collection and operation and 
maintenance services in connection with the housing be under 
the terms of a separate agreement or be carried out by person-
nel of the Federal Government.". 
SEC. 2802. LEASING OF MILITARY FAMILY HOUSING 
' 
Section 2828 of title 10, United Stetes CJode, is amended— 
(1) in subsection (bX2), by striking out "$10,000" and inserting 
in lieu thereof "$12,000"; 
> 
(2) in subsection (bX3)— 
(A) by striking out "(A) Except £is provided in subpara-
graph (B), not" and inserting in lieu thereof "Not"; 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1647 
^ " ' 
(B) by striking out "$10,000" and "$12,000" and inserting 
in lieu thereof "$12,000" and "$14,000", respectively; and 
(C) by striking out subparagraph (B); 
(3) in subsection (eXD, by striking out the first sentence and 
inserting in lieu thereof the following: "Expenditures for the 
rental of family housing in foreign countries (including the costs 
of utilities, maintenance, and operation) may not exceed $20,000 
per unit per annum as adjusted for foreign currency fluctuation 
from October 1,1987."; and 
(4) in subsection (eX2), by striking out "38,000" and inserting 
in lieu thereof "53,000". 
SEC. 2803. LONG TERM FACILITIES CONTRACTS 
Section 2809 of title 10, United States Code, is amended— 
(1) in subsection (aXlXBXii), by striking out "Potable" and 
inserting in lieu thereof "Utilities, including potable"; 
(2) in subsection Oo), by striking out "child care centers" and 
inserting in lieu thereof "activities and services described in 
^ 
clause (i) or (ii) of subsection (aXlXB)"; euid 
(3) in subsection (c), by striking out "1989" and inserting in 
lieu thereof "1991". 
SEC. 2804. IMPROVEMENTS TO FAMILY HOUSING UNITS FOR THE HANDI-
CAPPED 
Section 2825(bXl) of title 10, United States Code, is amended— 
(1) by inserting "(A)" after "will exceed"; and 
(2) by inserting the following before the period: ", or (B) in the 
case of improvements necessary to make the unit suitable for 
habitation by a handicapped person, $60,000 multiplied by such 
index". 
SEC. 2805. DOMESTIC BUILD-TO-LEASE PROGRAM 
Section 2828(g) of title 10, United States Code, is amended— 
(1) by striking out paragraphs (7) and (8) and inserting in lieu 
thereof the following: 
"(7) Each of the Secretaries concerned may enter into one or more 
contracts under this subsection for a number of family housing units 
not exceeding the number specifled for that Secretary as follows: 
"(A) The Secretary of the Army, 6,300. 
"(B) The Secretary of the Navy, 6,200. 
"(C) The Secretary of the Air Force, 5,800, 
"(D) The Secretary of Transportation with respect to the 
Coast Guard, 900."; 
(2) by redesignating paragraphs (9) and (10) as paragraphs (8) 
and (9), respectively; and 
(3) in paragraph (8), as so redesignated, by striking out "1989" 
and inserting in lieu thereof "1991". 
SEC. 2806. TURN-KEY SELECTION PROCEDURES 
Section 2862 of title 10, United States C!ode, is amended— 
(1) in subsection (aXD, by striking out the second sentence; 
and 
(2) in subsection (c), by striking out "1990" and inserting in 
lieu thereof "1991". 
103 STAT. 1648 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 2807. PROHIBITION 
OF 
FUNDING 
FOR 
CERTAIN 
MILITARY 
CONSTRUCTION CONTRACTS ON GUAM 
(a) IN GENERAL.—Subchapter III of chapter 169 of title 10, United 
States Code, is amended by adding after section 2863 the following 
new section: 
"§ 2864. Military construction contracts on Guam 
"(a) IN GENERAL.—Except as provided in subsection 0?), funds 
appropriated for military construction may not be obligated or 
expended with respect to any contract for a military construction 
project on Guam if any work is carried out on such project by any 
person 
who is a nonimmigrant 
alien 
described 
in 
section 
101(aX15XHXii) of the Immigration and Nationality Act (8 U.S.C. 
llOKaXlSXHXii)). 
"(b) EXCEPTION.—In any case in which there is no acceptable bid 
made in response to a solicitation for bids on a contract for a 
military construction project on Guam and the Secretary concerned 
makes a determination that the prohibition contained in subsection 
(a) is a significant deterrent to obtaining bids on such contract, the 
Secretary concerned may make another solicitation for bids on such 
contract and the prohibition contained in subsection (a) shall not 
apply to such contract after the 21-day period beginning on the date 
on which the Secretary concerned transmits to the Committees on 
Armed Services of the Senate and the House of Representatives a 
written notification of that determination.". 
0)) CLERICAL AMENDMENT.—The table of sections for such sub-
chapter is amended by adding after the item relating to section 2863 
the following: 
"2864. Military construction contracts on Guam.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
apply to contracts entered into, modified, or extended on or after the 
date of the enactment of this Act. 
SEC. 2808. AUTHORIZED COST VARIATIONS 
Section 2853 of title 10, United States Code, is amended to read as 
follows: 
"§ 2853. Authorized cost variations 
"(a) Except as provided in subsection (c) or (d), the cost authorized 
for a military construction project or for the construction, improve-
ment, and acquisition of a military family housing project may be 
increased by not more than 25 percent of the amount appropriated 
for such project or 200 percent of the minor construction project 
ceiling specified in section 2805(aXl), whichever is less, if the Sec-
retary concerned determines that such an increase in cost is re-
quired for the sole purpose of meeting unusual variations in cost and 
that such variations in cost could not have reasonably been antici-
pated at the time the project was approved originally by Congress. 
"(b) Except as provided in subsection (c), the scope of work for a 
military construction project or for the construction, improvement, 
and acquisition of a military family housing project may be reduced 
by not more than 25 percent from the amount approved for that 
project, construction, improvement, or acquisition by Congress. 
"(c) The limitation on cost increase in subsection (a) or the limita-
tion on scope reduction in subsection (b) does not apply if— 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1649 
"(1) the increase in cost or reduction in scope is approved by 
the Secretary concerned; 
"(2) the Secretary concerned notifies the appropriate commit-
tees of Congress in writing of the increase or reduction and the 
reasons therefor; and 
"(3) a period of 21 days has elapsed after the date on which 
the notification is received by the committees. 
^ 
"(d) The limitation on cost increases in subsection (a) does not 
apply to a within-scope modification to a contract or to the settle-
ment of a contractor claim under a contract if the increeise in cost is 
approved by the Secretary concerned, and the Secretary concerned 
promptly submits written notification of the facts relating to the 
proposed increase in cost to the appropriate committees of Con-
gress.". 
SEC. 2809. LEASE-PURCHASE OF FACILITIES 
(a) IN GENERAL.—Chapter 169 of title 10, United States Code, is 
amended by adding at the end of subchapter I the following new 
section: 
"§ 2812. Lease-purchase of facilities 
"(aXD The Secretary concerned may enter into an agreement with 
a private contractor for the lease of a facility of the kind specified in 
paragraph (2) if the facility is provided at the expense of the 
contractor on a military installation under the jurisdiction of the 
Department of Defense. 
(2) The facilities that may be leased pursuant to paragraph (1) 
are as follows: 
"(A) Administrative office facilities. 
"(B) Troop housing facilities. 
^ 
"(C) Energy production facilities. 
"(D) Utilities, including potable and waste water treatment 
facilities. 
"(E) Hospital and medical facilities. 
"(F) Transient quarters. 
"(G) Depot or storeige facilities. 
"(H) Child care centers. 
"(b) Leases entered into under subsection (a)— 
"(1) may not exceed a term of 32 years; 
"(2) shall provide that, at the end of the term of the lease, title 
to the leased facility shall vest in the United States; and 
"(3) shall include such other terms and conditions as the 
Secretary concerned determines are necessary or desirable to 
protect the interests of the United States. 
"(cXD The Secretary concerned may not enter into a lease under 
this section until— 
"(A) the Secretary submits to the appropriate committees of 
Congress a justification of the need for the facility for which the 
proposed lease is being entered into and an economic ansdysis 
(based upon accepted life-cycle costing procedures) that dem-
onstrates the cost effectiveness of the proposed lease compared 
with a military construction project for the same facility; £ind 
"(B) a period of 21 days has expired following the date on 
which the justification and economic analysis are received by 
the committees. 
"(2) Each Secretary concerned may, under this section, enter 
into— 
103 STAT. 1650 
PUBLIC LAW 101-189—NOV. 29, 1989 
"(A) not more than three leases in fiscal year 1990; and 
"(B) not more than five leases in each of the fiscal years 1991 
and 1992. 
"(d) Each lease entered into under this section shall include a 
provision that the obligation of the United States to make payments 
under the lease in any fiscal year is subject to the availability of 
appropriations for that purpose.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of subchapter I of such chapter is amended by adding at the end the 
following new item: 
"2812. Lease-purchase of facilities.". 
PART B—LAND TRANSACTIONS 
SEC. 2811. LAND CONVEYANCE AT MARINE CORPS AIR STATION, EL TORO. 
CALIFORNIA, AND CONSTRUCTION OF FAMILY HOUSING AT 
MARINE CORPS AIR STATION, TUSTIN, CALIFORNIA 
(a) IN GENERAL.—Subject to subsections O
o
) through (d), the Sec-
retary of the Navy may— 
(1) convey to the County of Orange, California, or its designee, 
or both, all right, title, and interest of the United States in and 
to approximately 77 acres of real property, including improve-
ments thereon, consisting of three severable parcels at Marine 
Corps Air Station, El Toro, California; and 
(2) accept monetary consideration for such property and 
expend it for the construction of additional military family 
housing units at Marine Corps Air Station, Tustin, California. 
(b) CONDITIONS.—(1) The Secretary shall provide that all convey-
ances under this section are subject to the retention of appropriate 
interests to ensure that future use of the conveyed property is 
compatible with military activities. 
(2) Conveyances under this section shall be made in exchange for 
payment of the fair market value of the property conveyed, as 
determined by an independent appraisal satisfactory to the Sec-
retary and paid for by the County or its designees, or both. 
(3) Any contract for construction authorized under this section 
shall be awarded through competitive procedures. 
(4) The Secretary may not enter into any contract for construction 
under this section until after the 21-day period beginning on the 
date on which the Secretary transmits to the Committees on Armed 
Services and the Committees on Appropriations of the Senate and of 
the House of Representatives a detailed report on the proposed 
contract. 
(5) The Secretary shall deposit into the Treasury as miscellaneous 
receipts any amount received under this section and not obligated 
under this section by the end of the four-year period beginning on 
the date of the receipt thereof. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the County or its designee, or both. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms smd conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1651 
SEC. 2812. LAND CONVEYANCE, FORT GILLEM, GEORGIA 
(a) IN GENERAL.—Subject to subsections (b) through (e), the Sec-
retary of the Army may convey, without consideration, to the State 
of Georgia all right, title, and interest of the United States in and to 
a parcel of real property, including improvements thereon, at Fort 
Gillem, Clajrton County, Georgia, consisting of approximately 35.26 
acres, for use by the State for the administration of the Georgia 
Department of Defense, the Georgia National Guard, and other 
Georgia National Guard activities. 
(b) CoNDrnoNS OF CONVEYANCE,—The conveyance authorized by 
subsection (a) shall be subject to the following conditions: 
(1) The property conveyed shall be used for the administration 
of the Georgia Department of Defense, the Georgia National 
Guard, and for other official activities of the Georgia National 
Guard. 
(2) The Secretary may reserve to the United States (and shall 
include in the instrument of conveyance) such easements and 
other interests in the property conveyed pursuant to this sec-
tion as the Secretary determines necessary or convenient for 
the operations, activities, and functions of the United States. 
(c) REVERSION.—If the Secretary determines at any time that the 
property conveyed pursuant to this section is not being used for the 
purposes specified in subsection (bXD, all right, title, and interest in 
and to the property (including improvements thereon) shall revert 
to the United States and the United States shall have the right of 
immediate entry thereon. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the State. 
(e) ADDITIONAL TERMS AND CoNDmoNS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2813. LAND CONVEYANCE, HICKAM AIR FORCE BASE, HAWAII 
(a) IN GENERAL.—Subject to subsections (b) through (h), the Sec-
retary of the Air Force may convey to the State of Hawaii all right, 
title, and interest of the United States in and to approximately 22.88 
acres of real property, including improvements thereon, located on 
the eastern boundary of Hickam Air Force Base, Hawaii. 
(b) CONSIDERATION.—(1) In consideration for the conveyance au-
thorized by subsection (a), the State of Hawaii shall, subject to 
subsection (c), be required to— 
(A) pay for the cost of designing and constructing the facilities 
and improvements described in subsection (cX2), in accordeince 
with such specifications as the Secretary may prescribe; 
(B) pay for the cost of relocating munition storage facilities 
designated by the Secretary and situated on the property to be 
conveyed by the Secretary; 
(C) pay for the cost of relocating the existing security fence to 
conform with the new boundaries of Hickam Air Force Base 
after such conveyance; and 
(D) pay to the United States the difference, if any, between 
the fair market value of the property conveyed, as determined 
by the Secretary, and the cost of facilities and improvements 
provided by the State of Hawaii under subsection (c). 
103 STAT. 1652 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) Costs incurred by the State of Hawaii in connection with the 
relocations referred to in clauses (B) and (C) of paragraph (1) may 
not be considered £is any part of the payment of the fair market 
value of the property referred to in subsection (a). 
^ 
(c) IMPLEMENTATION.—(1) The Secretary may— 
(A) accept facilities and improvements referred to in para-
graph (2) designed and constructed by the State of Hawaii, 
according to standards specified by the Secretary, that are equal 
in value to not less than the fair market value of the property to 
be conveyed by the Secretary; or 
(B) in the discretion of the Secretary, accept payment of the 
fair market value for the property to be conveyed by the 
Secretary and design and construct facilities and improvements 
referred to in paragraph (2). 
(2) The facilities and improvements to be provided by the State of 
Hawaii or constructed by the Secretary with funds provided by the 
State shall be for one or more of the following projects in the order 
of priority in which they are listed: 
(A) One hundred units of military family housing at Hickam 
Air Force Base, Hawaii. 
(B) Construction of an enlisted personnel dormitory at such 
Base. 
(C) Renovation of an existing enlisted personnel dormitory at 
such Base. 
(3) The Secretary may not enter into any contract for any 
construction project or improvement under this section until after 
the 21-day period beginning on the date on which the Secretary 
transmits to the Committees on Armed Services and the Committees 
on Appropriations of the Senate and the House of Representatives a 
detailed report on the proposed contract. 
(d) SECURITY FOR CONVEYANCE.—(1) The Secretary may convey the 
property described in subsection (a) to the State of Hawaii before 
completion of the construction of the facilities referred to in subsec-
tion O^XD upon— 
(A) the execution of an escrow agreement between the Sec-
retary and the State of Hawaii and deposit by the State in an 
escrow account (pursuant to such agreement) of an amount 
equal to the fair market value of the property to be conveyed by 
the Secretary; or 
(B) the acceptance by the Secretary of payment of such 
amount. 
(2) The Secretary may obligate and expend funds accepted under 
paragraph (IXB) for design and construction of the facilities and 
improvements referred to in subsection (cX2). 
(e) VACATING PROPERTY.—If the Secretary conveys property to the 
State under this section before completion of the construction of the 
facilities and improvements referred to in subsection (bXD, the 
^^ 
Secretary shall not be required to vacate the property until the 
completion, and approval by the Secretary, of the work described in 
subparagraphs (B) and (C) of subsection (b)(1). 
(f) EXCESS AMOUNT.—The Secretary shall deposit into the Treas-
ury as miscellaneous receipts any amount received under this sec-
tion and not obligated under this section by the end of the four-year 
period beginning on the date of the receipt thereof. 
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1653 
determined by a survey which is satisfactory to the Secretary. The 
cost of the survey shall be borne by the State of Hawaii. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2814. LAND CONVEYANCES, KAPALAMA MILITARY RESERVATION, 
HAWAII 
(a) IN GENERAL.—(1) Section 2332 of the Military Construction 
Authorization Act, 1988 and 1989 (division B of Public Law 100-180; 
100 Stat. 1223), is amended by striking out subsections (a) through 
(e) and inserting in lieu thereof the following: 
"(a) IN GENERAL.—Subject to subsections 0)) through (f), the Sec-
retary of the Army may sell and convey to the State of Hawaii 
approximately 35.92 acres of real property, including improvements 
thereon, at Kapalama Military Reservation, Hawaii, and may re-
place and relocate the facilities located on such property. 
"(b) CONSIDERATION.—In consideration for the real property de-
scribed in subsection (a), the State of Hawaii shall pay the United 
States an amount equal to not less than the fair market value of the 
property to be conveyed, as determined by the Secretary. 
"(c) USE OF SALE PROCEEDS.—The Secretary shall use the proceeds 
received from the sale of property authorized by this section— 
"(1) for the cost of the design and construction of suitable 
replacement facilities to be constructed at Fort Shafter, Fort 
Kamehameha, Tripler Army Medical Center, and Schofield Bar-
racks, Hawaii; and 
"(2) for any cost incurred by the Department of the Army 
under this section with respect to the sale and relocation of 
facilities. 
"(d) EXCESS AMOUNT.—(1) The Secretary may use any proceeds in 
excess of the amount required to pay costs referred to in subsection 
(c) for the implementation of the plan established by the Secretary 
of the Army on March 1, 1988, for the future use and development of 
Fort DeRussy, Hawaii, except that such proceeds may not be used to 
pay for the construction of any nonappropriated-fund project identi-
fied in such plan. 
"(2) At the end of the ten-year period beginning on the date of the 
enactment of the Military Construction Authorization Act, 1989, the 
Secretary shall deposit any amount received and not expended 
under this section into the Treasury as miscellaneous receipts.". 
(2) Subsections (f) and (g) of section 2332 of such Act are redesig-
nated as subsections (e) and (f), respectively. 
Ot)) SAVINGS PROVISION.—The provisions of section 2332 of the 
Military Construction Authorization Act, 1988 and 1989, as in effect 
on the day before the date of the enactment of this Act, shall 
continue to apply with respect to the sale of any property referred to 
in such section that was sold pursuant to such section before the 
date of the enactment of this Act. 
(c) CEDED LANDS.—(1) Subject to paragraphs (2) through (4), the 
Secretary of the Army shall convey to the State of Hawaii, without 
consideration other than that described in paragraph (2), all right, 
title, and interest of the United States in and to approximately 17.8 
acres of ceded lands, including improvements thereon, at Kapalama 
Military Reservation, Hawaii. 
103 STAT. 1654 
PUBLIC LAW 101-189—NOV. 29, 1989 -
(2) In consideration for the conveyance authorized under para-
graph (1) the State of Hawaii shall pay to the United States the fair 
market value, as determined by the Secretary, of any improvements 
on the land not made at the State's expense. The Secretary shall 
deposit any amount received into the Treasury as miscellaneous 
receipts. 
(3) The exact acreage and legal description of the land to be 
conveyed under paragraph (1) shall be determined by a survey 
satisfactory to the Secretary. The cost of such survey shall be borne 
by the State of Hawaii. 
(4) The Secretary may require such additional terms and condi-
tions in connection with the conveyance under this subsection as the 
Secretary determines appropriate to protect the interests of the 
United States. 
SEC. 2815. LAND CONVEYANCE, PUBLIC WORKS CENTER, GREAT LAKES, 
ILLINOIS 
-^ 
(a) IN GENERAL.—Subject to subsections (b) through (f), the Sec-
retary of the Navy may— 
(1) sell and convey all right, title, and interest of the United 
States in and to a parcel of real property, including improve-
ments thereon, consisting of approximately 14 acres of land, 
comprising that portion of the Public Works Center, Great 
Lakes, located south of the intersection of Desplaines Avenue 
and West Roosevelt Road, Forest Park, Illinois; and 
(2) use the proceeds from the sale of such property to con-
, 
struct not more than 35 units of military family housing at the 
Naval Air Station, Glenview, Illinois. 
(b) COMPETITIVE PROCEDURES; MINIMUM SALE PRICE.—(1) The Sec-
retary shall use competitive procedures for the sale of the property 
J' ' 
described in subsection (aXD-
(2) In no event may the property be sold for less than the greater 
of (A) the fair market value of the property, as determined by the 
Secretary, or (B) the amount necessary to cover the costs of con-
structing replacement housing and relocating the tenants from such 
property. 
(c) CONDITION OF SALE.—The conveyance authorized by subsection 
(a) shall be subject to the condition that the purchaser permit the 
Department of the Navy to continue to occupy, without consider-
ation, the property to be conveyed until the replacement housing 
has been constructed or acquired by the Secretary, except that in no 
event may the Department continue to occupy the property pursu-
ant to this subsection more than two years after the date of the 
conveyance. 
(d) USE OF FUNDS.—(1) The Secretary may use the proceeds from 
the sale of the property described in subsection (a) for pa3rment oiF 
the following costs: 
(A) The cost of design and construction of not more than 35 
units of military family housing to be constructed at the Naval 
Air Station, Glenview, Illinois. 
(B) The cost of relocating the tenants occupying the housing 
facilities located on the property described in subsection (aXD to 
new housing facilities. 
(C) The cost of appraisals and other costs related to the sale of 
the property. 
(2) The Secretary may not enter into any contract for construction 
under this section until after the 21-day period beginning on the 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1655 
date on which the Secretary transmits to the Committees on Armed 
Services and the Committees on Appropriations of the Senate and of 
the House of Representatives a detailed report on the proposed 
contract. 
(3) The Secretary shall deposit into the Treasury as miscellaneous 
receipts any amount received under this section and not obligated 
under this section by the end of the four-year period beginning on 
the date of receipt thereof. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of any property to be conveyed under this section shall 
be determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the purchaser. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2816. LAND CONVEYANCE, FORT KNOX, KENTUCKY 
(a) IN GENERAL.—Subject to subsections (b) through (f), the Sec-
retary of the Army may sell and convey all right, title, and interest 
of the United States in and to a parcel of real property consisting of 
approximately 12 acres, including improvements thereon, contig-
uous to the corporate limits of the City of Radcliff, Kentucky, and 
bounded on the east by U.S. Highway 31W, by the Radcliff city park 
on the south, by residential property to the west, and by Fort Knox 
to the north. 
(b) COMPETITIVE BID REQUIREMENT; MINIMUM SALE PRICE.—(1) The 
Secretary shall use competitive procedures for the sale of the prop-
erty referred to in subsection (a). 
(2) In no event may any of the property referred to in subsection 
(a) be sold for less than the fair market value of the property, as 
determined by the Secretary. 
(c) USE OF PROCEEDS.—(1) The Secretary shall use the proceeds 
from the sale of the property referred to in subsection (a) for the 
construction of up to four units of military family housing at Fort 
Knox, Kentucky. 
(2) The Secretary shall deposit into the Treasury as miscellaneous 
receipts any amount received under this section and not obligated 
under this section by the end of the four-year period beginning on 
the date of receipt thereof. 
(d) NOTICE.—The Secretary may not enter into any contract for 
construction under this section until after the 21-day period begin-
ning on the date on which the Secretary transmits to the Commit-
tees on Armed Services and the Committees on Appropriations of 
the Senate and of the House of Representatives a detailed report on 
the proposed contract. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the purchaser. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
103 STAT. 1656 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 2817. RELEASE OF REVERSIONARY INTEREST TO STATE OF MIN-
NESOTA 
(a) IN GENERAL.--Subject to subsection (b) through (d), the Sec-
retary of the Arrxy nay release— 
(1) to the -tate of Minnesota the reversionary interest of the 
United Stat 3 in approximately 35 acres of real property at Fort 
Snelling, Minnesota, including improvements thereon, known 
as "Area J" and conveyed from the United States to the State of 
Minnesota jy a quitclaim deed dated August 17, 1971; and 
(2) the State of Minnesota from all covenants and agreements 
contained in such quitclaim deed that relate te such property. 
(b) CONSIDERATION.—In consideration of the release under subsec-
tion (a), the Stete of Minnesote shsill convey to the United States, 
without consideration, the property referred to in subsection (aXl) 
for use by the Department of the Army. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property from which the reversionary interest is 
to be released shall be determined by surveys satisfactory to the 
Secretory of the Army and the Stote of Minnesoto. 
(d) ADDITIONAL TERMS AND CONDITIONS.—(1) The Secretory 
may 
require such additional terms and conditions in connection with the 
release under this section as the Secretary determines appropriate 
to protect the interests of the United States. 
- , 
(2) The Secretory of the Army may accept the conveyance of the 
property referred to in subsection Qa) subject to a reversionary 
interest in the Stoto of Minnesote. The reversionary intorest may 
provide that if the property is not used for Army purposes and the 
preservation of the historic structures Ijdng thereon in conformity 
with Department of the Interior standards for properties on the 
National Register of Historic Places, the property shall revert to the 
Stote of Minnesoto. 
SEC. 
2
8
1
8
. 
LAND CONVEYANCE, 
NAVAL RESERVE CENTER, 
KEARNEY, 
NEW 
JERSEY 
(a) IN GENERAL.—Subject to sections Q)) through (d) the Secretory 
of the Navy may convey to Hudson County, New Jersey, all right, 
title, and intorest of the United Stotes in and to a parcel of real 
property, including improvements thereon, consisting of approxi-
mately 2.9 acres, that comprises a portion of the Naval Reserve 
Center, Kearney, New Jersey. 
(b) CONSIDERATION.—(1) In consideration for the conveyance au-
thorized by subsection (a), Hudson County, New Jersey, shall demol-
ish two Naval Reserve Center buildings on the Naval Reserve 
Center referred to in that subsection, improve the motor vehicle 
parking facilities on such Naval Reserve Center, and provide addi-
tional motor vehicle parking facilities on land adjacent to or near 
the Naval Reserve Center (and owned by Hudson County) for use by 
the United Stotes. The improved and the additional parking facili-
ties shall be acceptoble to the Secretory, and the additional parking 
facilities shall be provided on such terms and conditions and for 
such period as the Secretory shall prescribe. 
(2) If the fair market value of the land to be conveyed under 
subsection (a) exceeds the fair market value of the consideration 
received under paragraph (1), as determined by the Secretory, 
Hudson County shall pay the amount of the difference to the United 
Stotes. Any such payment shall be deposited into the Treasury as 
miscellaneous receipts. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1657 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section de-
scribed in subsection (a) shall be determined by a survey satisfactory 
to the Secretary. The cost of such survey shall be borne by Hudson 
County, New Jersey. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions in connection with any 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2819. TRANSFER OF JURISDICTION OVER CERTAIN LANDS AT 
SANDIA, NEW MEXICO 
(a) IN GENERAL.—The Secretary of Defense may transfer to the 
Secretary of Energy, without consideration, jurisdiction and control 
of the real property, including improvements thereon, described in 
subsection (b) for use by the Department of Energy in providing a 
location for the Center for National Security and Arms Control. 
(b) DESCRIPTION OF PROPERTY.—(1) The real property referred to in 
subsection (a) is a tract of land, including improvements thereon, 
located in Bernalillo County, New Mexico, in a portion of section 32, 
township 10 north, range 4 east. New Mexico principal meridian, 
and consisting of approximately 5.6 acres. 
(2) The exact acreage and legal description of the property re-
ferred to in parsigraph (1) shall be determined by a survey satisfac-
tory to the Secretary of Defense. 
SEC. 2820. LAND CONVEYANCE, PITTSBURGH, PENNSYLVANIA 
(a) IN GENERAL.—Subject to subsections G)) through (f), the Sec-
retary of the Navy may convey to Carnegie-Mellon University all 
right, title, and interest of the United States in and to approxi-
mately 1.29 acres of land located at 4902 Forbes Avenue, Allegheny 
County, Pittsburgh, Pennsylvania, including improvements thereon, 
comprising the Naval and Marine Corps Reserve Center. 
Ob) CONSIDERATION.—In consideration for the sale and conveyance, 
the University shall pay to the United States the fair market value, 
as determined by the Secretary, of the property to be conveyed by 
the United States under subsection (a). 
(c) USE OF FUNDS.—(1) Funds received by the Secretary under 
subsection O
t
>
) may be used to pay for the acquisition or construction 
of a replacement facility, including the acquisition of real property, 
in the greater Pittsburgh area to be used as a Naval and Marine 
Corps Reserve Center. 
(2) The Secretary shall deposit into the Treasury as miscellaneous 
receipts any amount received under this section and not obligated 
under paragraph (1) within the four-year period beginning on the 
date of the receipt thereof. 
(d) NOTICE.—The Secretary may not enter into any contract for Reports. 
acquisition or construction of replacement facilities under this sec-
tion until after the 21-day period beginning on the date on which the 
Secretary transmits to the Committees on Armed Services and the 
' 
Committees on Appropriations of the Senate and of the House of 
Representatives a detailed report on the proposed contract. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the University. 
103 STAT. 1658 
PUBLIC LAW 101-189—NOV. 29, 1989 
, 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 2821. LAND CONVEYANCE. FORT BELVOIR, VIRGINIA 
(a) IN GENERAL.—Subject to subsections (b) through (h), the Sec-
retary of the Army may convey to any grsuitee selected in accord-
ance with subsection (e) all right, title, and interest of the United 
States in and to all or any portion of the parcel of real property, 
including improvements thereon, at Fort Belvoir, Virginia, consist-
ing of approximately 820 acres and known as the Engineer Proving 
Ground. 
(b) CONSIDERATION.—(1) In consideration for the conveyance au-
thorized in subsection (a), the grantee shall— 
(A) construct facilities for the Department of the Army re-
ferred to in subsection (cXlXD); 
(B) permit use by, or grant title to, the Department of such 
facilities; and 
(C) make infrastructure improvements for the Department of 
the Army referred to subsection (cXlXD), 
as may be specified by the Secretary in an agreement to be entered 
into by the grantee and the Secretary in connection with the 
conveyance. 
(2) In no event may the value of the consideration provided by the 
grantee pursuant to paragraph (1) be less than the fair market 
value, as determined by the Secretary, of the property conveyed to 
the grantee pursuant to this section. 
(c) CONTENT OF AGREEMENT.—(1) An agreement entered into 
under this section shall include the following: 
(A) A requirement that the gr&ntee develop the real property 
conveyed to the grantee pursuant to this section as a balanced, 
mixed-use development. 
(B) A requirement that the development of the property 
i
^ 
include improvements to public transportation systems, utili-
ties, and telecommunications on and off the property, and any 
other infrastructure improvements that may be specified by the 
Secretary in connection with such development. 
(C) A requirement that the development and all such 
improvements comply with the specifications of a master plan 
formulated for the real property by the Secretary and agreed to 
by the appropriate ofHcials of the County of Fairfax, Virginia, 
and the Commonwealth of Virginia. 
(D) A requirement that the grantee construct facilities and 
make infrastructure improvements for the Department of the 
Army that the Secretary determines are necessary for the 
Department at Fort Belvoir and at other sites at which activi-
ties will be relocated as a result of the conveyance made under 
this section. 
(E) A requirement that the construction of facilities and 
infrastructure improvements referred to in subparagraph (D) be 
carried out in accordance with plans and specifications ap-
proved by the Secretary. 
^ 
(F) Such other terms and conditions as the Secretary and the 
grantee may agree upon. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1659 
(2) The Secretary may provide that the agreement be subject to 
review and approval by the appropriate officials of the County of 
Fairfax, Virginia, and the Commonwealth of Virginia. 
(d) NOTICE.—The Secretary may not enter into any agreement 
Reports. 
under this section until the expiration of 60 days following the date 
on which the Secretary treinsmits to the Committees on Armed 
Services and the Committees on Appropriations of the Senate and of 
the House of Representatives a report containing the details of the 
proposed agreement. 
(e) SELECTION OF GRANTEE.—The Secretary shall use competitive 
procedures for the selection of a grantee. In evaluating the offers of 
prospective grantees, the Secretary shall consider the technical 
sufficiency of the offers and the cost of constructing the required 
facilities and making the required infrastructure improvements for 
the Department of the Army, as contained in the offers. 
(f) REVERSION.—If the Secretary determines that the grantee— 
(1) is unable or unwilling to develop the real property con-
veyed to the grantee under this section in accordance with the 
agreement entered into by the grantee under this section; or 
(2) is unable or unwilling to construct any facility or complete 
any infrastructure improvement for the Department of the 
Army in accordance with such agreement, 
all right, title, and interest in and to the real property conveyed to 
such grantee in connection with such agreement shall automatically 
revert to the United States, regardless of the reason for such 
inability or unwillingness, and the United States shall have the 
right of immediate entry thereon. 
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of property to be conveyed under this section shall be 
determined by surveys satisfactory to the Secretary. The cost of any 
such survey shall be borne by the grantee. 
(h) ADDITIONALT TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions with respect to the 
conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2822. MODIFICATION OF REVERSIONARY INTEREST, PORT OF 
BENTON, WASHINGTON 
(a) IN GENERAL.—(1) Subject to subsections (b) through (d), the 
Secretary of the Army may modify the reversionary interest of the 
United States in and to approximately 22 acres of real property, 
including improvements thereon, constituting a portion of a larger 
tract of land conveyed to the Port of Benton, Washington, by quit-
claim deed dated June 1, 1964. 
(2) The deed referred to in paragraph (1) is the quitclaim deed 
executed by the Secretary of the Army, dated June 1, 1964, which 
conveyed to the Port of Benton, Washington, pursuant to section 108 
of the River and Harbor Act of 1960 (74 Stat. 486; 33 U.S.C. 578), 
approximately 290 acres of land owned by the United States. 
(3) The 22-acre parcel of land referred to in paragraph (1) is 
bordered on the east by the Columbia River, on the north by First 
Street, on the south by the Tri-Cities University Center, and on the 
west by the Port of Benton property that is east of George Wsishing-
ton Way. 
(b) MODIFICATION.—(1) The Secretary shall modify the reversion- 
Schools and 
ary interest referred to in subsection (a) in such manner as may be 
colleges, 
necessary to permit the Port of Benton, Washington, to donate 
103 STAT. 1660 
PUBLIC LAW 101-189—NOV. 29, 1989 
approximately 22 acres of the land conveyed by the deed referred to 
in subsection (aX2) to Washington State University for the establish-
ment of a university branch on the donated land. 
' 
(2) The modified reversionary interest shall provide that if at any 
time the Secretary determines that the donated land is not being 
used for the purpose described in paragraph (1), title to such land 
shall revert to the United States, the United States shall have the 
right of immediate entry thereon, and title to the land (including all 
improvements thereon) shall vest in the United States without 
compensation by the United States. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by a survey satisfactory to the Secretary of the Army 
The cost of such survey shall be borne by the Port of Benton, 
Washington. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
PART C—PROVISIONS RELATING TO BASE CLOSURES AND 
REALIGNMENTS 
SEC. 2831. HOMEOWNERS ASSISTANCE PROGRAM 
(a) IN GENERAL.—Section 2832 of title 10, United States Code, is 
amended— 
(1) by inserting "(a)" before "The Secretary"; and 
(2) by adding at the end the following new subsection: 
"(bXD Subject to paragraph (2) and notwithstanding subsection (i) 
of section 1013 of the Act referred to in subsection (a)— 
"(A) the Secretary of Defense may transfer not more than 
$31,000,000 from the Department of Defense Base Closure Ac-
/ ' count, established by section 207 of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public 
,
^
^
^ Law 100-526; 102 Stat. 2627), to the fund established pursuant 
" 
to subsection (d) of such section 1013 for use as part of such 
fund; and 
"(B) any funds so transferred shall be available for obligation 
and expenditure for the same purposes that funds appropriated 
to such fund are available, except that such funds may not be 
obligated after September 30, 1991. 
"(2) Amounts may be transferred under paragraph (1) only after 
the date on which the Committees on Armed Services and the 
Committees on Appropriations of the Senate and of the House of 
Representatives receive from the Secretary written notice of, and 
justification for, the transfer.". 
10 use 2832 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
"°*® 
shall apply only to funds appropriated or transferred to, or other-
wise deposited in, the Department of Defense Base Closure Account 
for, or during, fiscal years beginning after September 30, 1989. 
10 u s e 2687 
SEC. 2832. USE OF CLOSED BASES FOR PRISONS AND DRUG TREATMENT 
note. 
FACILITIES 
(a) FINDINGS.—The (Congress finds that— 
"
*
4 
(1) the war on drugs is one of the highest priorities of the 
Federal Government; 
• 
» ^ 
.»^ 
-
» 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1661 
(2) to effectively wage the war on drugs, adequate penal and 
correctional facilities and a substantial increase in the number 
and capacity of drug treatment facilities are needed; 
(3) under the base closure process, authorized by title II of the 
Defense Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100-526; 102 Stat. 2627), 86 military 
bases are scheduled for closure; and 
(4) facilities rendered excess by the base closure process 
should be seriously considered for use as prisons and drug 
treatment facilities, as appropriate. 
0)) SENSE OF CONGRESS.—It is the sense of Congress that the 
Secretary of Defense should, pursuant to the provisions of title II of 
the Defense Authorization Amendments and Base Closure and Re-
alignment Act, give priority to making real property (including the 
improvements thereon) of the Department of Defense rendered 
excess or surplus as a result of the recommendations of the Commis-
sion on Base Realignment and Closure available to another Federal 
agency or a State or local government for use as a penal or correc-
tional facility or as a drug abuse prevention, treatment, or re-
habilitation center. 
SEC. 2833. NOTICE TO LOCAL AND STATE EDUCATIONAL AGENCIES OF 
10 USC 2687 
ENROLLMENT CHANGES DUE TO BASE CLOSURES AND 
note. 
REALIGNMENTS 
(a) IDENTIFICATION OF ENROLLMENT CHANGES.—(1) Not later than 
January 1 of each year in which any activities necessary to close or 
realign a military installation under title II of the Defense 
Authorization Amendments and Base Closure and Realignment Act 
(Public Law 100-526; 102 Stat. 2627) are conducted, the Secretary of 
Defense shall identify, to the extent practicable, each local edu-
cational agency that will experience at least a 5-percent increase or 
at least a 10-percent reduction in the number of dependent children 
of members of the Armed Forces and of civilian employees of the 
Department of Defense enrolled in schools under the jurisdiction of 
such agency during the next academic year (compared with the 
number of such children enrolled in such schools during the preced-
ing year) as a result of the closure or realignment of a military 
installation under that Act. 
(2) The Secretary shall carry out this subsection in consultation 
with the Secretary of EJducation. 
(b) NOTICE REQUIRED.—Not later than 30 days after the date on 
which the Secretary of Defense identifies a local educational agency 
under subsection (a), the Secretary shall transmit a written notice of 
the schedule for the closure or realignment of the military installa-
tion affecting that local educational agency to that local educational 
agency and to the State government education agency responsible 
for administering State government education programs involving 
that local educational agency. 
SEC. 2834. REPORT 
(a) REPORT REQUIREMENT.—Not later than November 15, 1989, the 
Comptroller General of the United States shall submit to the Sec-
retary of Defense and the (Dommittees on Armed Services of the 
Senate and the House of Representatives a report on the methodol-
ogy, findings, and recommendations of the Commission on Base 
Realignment and Closure. 
103 STAT. 1662 
PUBLIC LAW 101-189—NOV. 29, 1989 
(b) CONTENT OP REPORT.—(1) In preparing the report, the 
Comptroller General should consider the following: 
(A) The adequacy and accuracy of the information relied upon 
as a basis for the Commission's recommendations. 
(B) The process used in the determination of military missions 
and requirements and the military value of the bases in meet-
ing such missions and requirements. 
(C) The criteria used to select bases to be closed or realigned. 
(D) The findings regarding military and civilian personnel 
reductions and associated relocation and termination expenses. 
(E) The findings regarding nonrecurring costs, including ex-
penses such as costs of construction, personnel, and logistics. 
(F) The findings regarding long-term, annual savings, includ-
ing the estimated cost amortization period. 
(G) The findings regarding assumed proceeds from property 
sales for each applicable initiative. 
(H) The finding regarding any environmental restoration 
costs that must be incurred in order to make it possible to sell or 
transfer excess property. 
(2) If any inaccuracies in the information referred to in paragraph 
(IXA) are noted in the report, the Comptroller General shall include 
v\» k ; 
in the report an assessment of the effects of such inaccuracies 
upon the methodology, findings, and recommendations of the 
Commission. 
PART D—MISCELLANEOUS PROVISIONS 
SEC. 2841. WHITE SANDS MISSILE RANGE. NEW MEXICO 
(a) IN GENERAL.—The Secretary of the Army may, subject to such 
terms and conditions as the Secretary considers appropriate to 
protect the interests of the United States, issue a revocable license 
to the Ova Noss Family Partnership, a California limited partner-
ship, to conduct a search for treasure trove in the Victorio Peak 
region of White Sands Missile Range, New Mexico, and may provide 
the Ova Noss Family Partnership with necessary processing, 
administration, and support incident to the license, including 
transportation, communications, safety and security, ordnance dis-
posal services, housing, and public affairs assistance that the Ova 
Noss Family Partnership cannot contract for directly. 
(b) REIMBURSEMENT.—(1) The Secretary of the Army shall require 
the Ova Noss Family Partnership to reimburse the Department of 
the Army for— 
(A) all costs related to providing such processing, administra-
tion, and support; and 
(B) other costs or losses incurred by the Department of the 
Army in connection with or as a result of the search. 
(2) Reimbursements for such costs shall be credited to the Depart-
ment of the Army appropriation from which the costs were paid. 
(c) REPORT.—For each fiscal year in which any action is carried 
out under this section, the Secretary shall transmit a report to the 
Committees on Armed Services of the Senate and of the House of 
Representatives containing an accounting of each action taken 
under this section during such fiscal year. 
SEC. 2842. COMMUNITY PLANNING ASSISTANCE 
The Secretary of Defense may use funds appropriated to the 
Department of Defense for fiscal year 1990 for planning and design 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1663 
purposes to provide community planning assistance in the following 
amounts to the following communities: 
(1) Not to exceed $250,000 of the planning and design funds of 
the Department of the Army for communities located near the 
newly established light infantry division posts at Fort Drum, 
New York. 
(2) Not to exceed $250,000 of the planning and design funds of 
the Department of the Navy for communities located near the 
newly established Navy strategic dispersal program homeport 
. 
at Everett, Washington. 
(3) Not to exceed $250,000 of the planning and design funds of 
the Department of the Air Force for communities located near 
Whiteman Air Force Base, Knob Noster, Missouri. 
SEC. 2843. DEVELOPMENT OF LAND AND LEASE OF FACILITY AT 
HENDERSON HALL, ARLINGTON, VIRGINIA 
(a) IN GENERAL.—The Secretary of the Navy may— 
(1) using funds provided by the Navy Mutual Aid Association, 
design, supervise, construct, and inspect a multipurpose facility 
of approximately 62,000 square feet to be located at Henderson 
Hall, Arlington, Virginia; and 
(2) lease, without reimbursement, to the Navy Mutual Aid 
Association approximately one-third of the square footage of the 
facility to be constructed. 
(b) TERMS OF LEASE.—The lease entered into under subsection 
^ 
, 
(aX2) shall— 
(1) be for a term of 50 years; 
(2) be in full consideration for the funds provided to the 
Secretary by the Navy Mutual Aid Association pursuant to 
subsection (a); 
(3) provide that in the event the lease is canceled by the 
Secretary before expiration, the Secretary shall, as determined 
by the Secretary, provide comparable alternative space or, sub-
ject to the availability of funds, reimburse the Navy Mutual Aid 
Association for the unamortized cost of the building; and 
(4) allow, at the discretion of the Secretary, for the Navy 
Mutual Aid Association to continue to use the space after the 
initial 50-year term, in compliance with laws and regulations 
applicable at that time. 
(c) CONDITIONS.—(1) Title to the facility described in subsection 
(aXD shall be and remain in the United States. 
(2) All construction authorized under this section shall be awarded 
through competitive procedures. 
(3) Any lease or other agreement entered into under the authority 
of this section shall be subject to such terms and conditions as the 
Secretary determines appropriate to protect the interests of the 
United States. 
SEC. 2844. REPORT REGARDING FORT MEADE RECREATION AREA 
The Secretary of the Army shall, not later than 30 days after the 
Delaware. 
date of the enactment of this Act, transmit to the Committees on 
Armed Services of the Senate and of the House of Representatives a 
report on the feasibility of convejring to the State of Delaware a 
parcel of property known as Fort Meade Recreation Area, formerly 
Fort Miles, Delaware, consisting of approximately 96 acres. 
103 STAT. 1664 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 2845. COOPERATIVE AGREEMENTS FOR LAND MANAGEMENT ON 
DEPARTMENT OF DEFENSE INSTALLATIONS 
(a) IN GENERAL.—The Act entitled "An Act to promote effectual 
planning, development, maintenance, and coordination of wildlife, 
fish, and game conservation 
cmd rehabilitation 
in 
military 
reservations 
(popularly known as the "Sikes Act"), approved 
September 15, 1960 (16 U.S.C. 670a et seq.), is amended by inserting 
after section 103 the following new section: 
16 use 670C-1. 
"SEC. 103a. (a) The Secretary of Defense may enter into coopera-
tive agreements with States, local governments, nongovernmental 
org£inizations, and individuals to provide for the maintenance and 
improvement of natural resources on, or to benefit natural and 
historic research on. Department of Defense installations. 
"(b) A cooperative agreement shall provide for the Secretary of 
Defense and the other party or parties to the agreement— 
"(1) to contribute funds on a matching basis to defray the cost 
of programs, projects, and activities under the agreement; or 
"(2) to furnish services on a matching basis to carry out such 
programs, projects, and activities, 
or to do both. 
"(c) Cooperative agreements entered into under this section shall 
be subject to the availability of funds and shall not be considered, 
nor be treated as, cooperative agreements to which chapter 63 of 
title 31, United States CJode, applies.". 
(b) OoNFORMiNG AMENDMENTS.—Section 106 of such Act (16 U.S.C. 
67 
Of) is amended— 
(1) in subsection (a), by inserting "and cooperative agreements 
agreed to under section 103a" in the first sentence after "sec-
tions 101 and 102"; and 
(2) in subsection O
t
>
)
, by striking out the period at the end of 
the first sentence and inserting in lieu thereof the following: ", 
and to carry out such functions and responsibilities as the 
Secretary may have under cooperative agreements entered into 
under section 103a.". 
SEC. 2846. REIMBURSEMENT FOR COSTS ASSOCIATED WITH HOMEPORT-
ING AT LAKE CHARLES, LOUISIANA 
(a) IN GENERAL.—(1) Subject to subsections (b) through (e), the 
Secretary of the Navy may— 
(A) reimburse the Lake Charles Harbor and Terminal Dis-
trict, Lake Charles, Louisiana, in an amount not to exceed 
$2,600,000 for actual expenses— 
(i) that were incurred by the District before the date of 
the enactment of this Act for the construction of utilities 
and roads to serve the proposed Lake Charles Navy Home-
port, which is to be closed pursuant to title II of the Defense 
Authorization Amendments and Base Closure and Realign-
ment Act (Public Law 100-526; 102 Stat. 2626); and 
(ii) that will be incurred by the District after the date of 
the enactment of this Act in connection with the construc-
tion of such utilities and roads as a direct result of the 
closing of the homeport, as determined by the Secretary; 
(B) pay to the Lsike Charles Harbor and Terminal District an 
amount not to exceed $1,300,000 for completion of the perma-
nent access road to the proposed homeport from State Highway 
384; 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1665 
^ 
(C) take such action as may be necessary to release to the 
State of Louisiana any funds remaining in the trust account 
established by the State pursuant to the Memorandum of 
Agreement between the State and the Department of the Navy 
for use by the Department in connection with the construction 
/- 
of the Lake Charles Navy Homeport; and 
{ 
(D) reimburse the State of Louisiana for any funds expended 
by the Navy from the trust account referred to in clause (C). 
(2) The total of the amount of funds that may be released to the 
State of Louisigma pursuant to subparagraph (C) of paragraph (1) 
and paid to the State pursuant to subparagraph (D) of that para-
graph may not exceed $5,000,000. 
(b) SOURCE OF FUNDS.—Payments under this section shall be made 
from funds appropriated pursuant to the Military Construction 
Appropriations Act, 1988 (as contained in section 101(j) of Public 
Law 100-202; 101 Stat. 1329-311) for the construction of facilities at 
the proposed Lake Charles Navy Homeport. In no event may the 
total amount paid under this section by the Secretary exceed the 
amount appropriated for construction of homeport facilities at Lake 
Charles and remaining available for obligation after payment of all 
termination costs resulting from the closure of the Lake Charles 
/ 
Navy Homeport. 
(c) LAND CONVEYANCE.—The Secretary shall convey to the Lake 
Charles Harbor and Terminal District, without consideration, 
approximately 38 acres of real property, including improvements 
and the sheet pile materials thereon, constituting the proposed Lake 
Charles Navy Homeport, Louisiana. Such lands are the same lands 
that were previously conveyed, without consideration, to the United 
States by the Lake Charles Harbor and Terminal District by special 
warranty deed dated March 14, 1988. 
(d) CONDITION.—The reimbursements and conveyance provided for 
in this section shall be made subject to the condition that the 
agreement entered into by the Lake Charles Harbor and Terminal 
District, the State of Louisiana, and the United States entitled 
"Memorandum of Understanding for Donation of Land and 
Establishment of Homeport", dated June 11, 1986, shall be consid-
ered canceled and of no force or effect after such reimbursements 
and conveyance have been made by the Secretary. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions under this section as the 
Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 2847. FEASIBILITY STUDY OF LAND TRANSFER FOR USE AS A 
CORRECTIONAL FACILITY 
(a) IN GENERAL.—(1) The Secretary of Defense shall, in consulta- 
Virginia. 
tion with the Attorney General of the United States, conduct a 
Courts, U.S. 
study of the feasibility of selling or otherwise transferring to the 
Commonwealth of Virginia, subdivisions thereof, or any combina-
tion of subdivisions thereof, a parcel of land of approximately one 
r 
hundred acres not more than one hundred miles from the southern 
boundary of Arlington County, from the military installations 
within Virginia which encompass land that may be suitable for use 
by the Commonwealth of Virginia, subdivisions thereof, or any 
combination of subdivisions thereof, as a site for a medium security 
correctional facility for persons sentenced in the courts of Virginia 
-
or in a United States District Court in Virginia. 
103 STAT. 1666 
PUBLIC LAW 101-189—NOV. 29, 1989 
(2) The study required by paragraph (1) shall address, at a mini-
mum, the following issues: 
(A) Whether there are parcels of land within those installa-
tions of the size described which could be released from Federal 
control without severely affecting the present mission of such 
installations. 
(B) A description of the parcels of land referred to in subpara-
graph (A). 
(C) A description of the effects, if any, transfer of such parcels 
of land from Federal control would have on the ability of the 
Secretary of Defense to carry out effectively the missions of the 
Department of Defense. 
(D) An analysis of the risk, if any, that might be posed to 
military personnel and their dependents housed on such 
installation by the operation of such a correctional facility on 
the parcels of land referred to in subparagraph (A). 
(E) An estimate of the date on which the parcels of land 
referred to in subparagraph (A) would be available for transfer 
from Federal control. 
(b) REPORT.—The report of the study described in subsection (a) 
shall be transmitted to the Committees on Armed Services of the 
Senate and of the House of Representatives not later than 60 days 
after the date of the enactment of this Act. 
(c) SENSE OF CONGRESS.—It is the sense of the Congress that no 
land is to be conveyed or otherwise transferred for use as a correc-
tional facility as a result, directly or indirectly, of the study carried 
out under this section unless— 
(1) the unit or units of general local government having 
jurisdiction over the land will utilize the correctional facility to 
be located on the land; or 
(2) such unit or units have approved formally the use of such 
land for a correctional facility. 
SEC. 2848. CONSTRUCTION OF MILITARY FAMILY HOUSING AT MARINE 
CORPS AIR STATION, TUSTIN, CALIFORNIA 
(a) AUTHORITY TO USE LITIGATION PROCEEDS.—Subject to subsec-
tions (b) through (d), upon final settlement in the case of Rossmoor 
Liquidating Trust against United States, in the United States Dis-
"' 
trict Court for the Central District of California (Case No. CV 
82-0956 LEW (Px)), the Secretory of the Treasury shall deposit in a 
separate account any funds paid to the United Stotes in settlement 
of such case. The Secretory of the Treasury shall make available, 
upon request, the amount in such account to the Secretory of the 
Navy solely for the construction of militery family housing at 
Marine Corps Air Stetion, Tustin, California. 
/ 
Oa) UNFTS AUTHORIZED.—Not more than 150 militory family hous-
' 
ing units may be constructed with funds referred to in subsection 
(a). The units authorized by this subsection are in addition to any 
units otherwise authorized to be constructed at Marine Corps Air 
Stetion, Tustin, California. 
(c) PAYMENT OF EXCESS INTO TREASURY.—The Secretory of 
the 
Treasury shall deposit into the Treasury as miscellaneous receipts 
funds referred to in subsection (a) that have not been obligated fqr 
construction under this section within four years after receipt 
thereof. 
Reports. 
(d) LIMITATION.—The Secretory may not enter into any contract 
for the construction of militory family housing under this section 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1667 
until after the expiration of the 21-day period beginning on the day 
after the day on which the Secretary transmits to the Committees 
on Armed Services and the Committees on Appropriations of the 
Senate and the House of Representatives a report containing the 
details of such contract. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 
SECURITY PROGRAMS 
PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS 
SEC. 3101. OPERATING EXPENSES 
Funds are authorized to be appropriated to the Department of 
Energy for fiscal year 1990 for operating expenses incurred in 
carrying out national security programs (including scientific re-
search and development in support of the Armed Forces, strategic 
and critical materials necessary for the common defense, and mili- 
J 
tary applications of nuclear energy and related management and 
. 
support activities) as follows: 
(1) For weapons activities, $3,774,573,000, to be allocated as 
follows: 
(A) For research and development, $1,064,970,000. 
(B) For weapons testing, $511,700,000. 
(C) For production and surveillance, $2,100,000,000. 
(D) For program direction, $97,903,000. 
(2) For defense nuclear materials production, $1,654,691,000, 
to be allocated as follows: 
(A) For production reactor operations, $578,049,000. 
(B) For processing of defense nuclear materials, including 
naval reactors fuel, $589,609,000, of which $78,744,000 shall 
be used for special isotope separation. 
(C) For supporting services, $282,868,000. 
(D) For 
uranium 
enrichment 
for 
naval 
reactors, 
::;. 
$168,900,000. 
(E) For program direction, $35,265,000. 
(3) For environmental restoration and management of defense 
waste and transportation, $1,441,875,000 to be allocated as 
follows: 
(A) For environmental restoration, $572,000,000. Such 
funds may also be used for plant and capital equipment. 
(B) For waste operation and projects, $699,696,000. 
(C) For waste research and development, $115,225,000. 
(D) For hazardous waste and compliance technology, 
$40,163,000. 
(E) For transportation management, $11,841,000. 
(F) For program direction, $2,950,000. 
(4) For verification and control technology, $159,146,000. 
(5) For nuclear materials safeguards and security technology 
development program, $82,241,000. 
(6) For security investigations, $41,200,000. 
(7) For new production reactors, $203,500,000. 
(8) For naval reactors development, $562,800,000. 
103 STAT. 1668 
PUBLIC LAW 101-189—NOV. 29, 1989 
SEC. 3102. PLANT AND CAPITAL EQUIPMENT 
Funds are authorized to be appropriated to the Department of 
Energy for fiscal year 1990 for plant and capital equipment (includ-
ing maintenance, restoration, planning, construction, acquisition, 
modification of facilities, and the continuation of projects authorized 
in prior years, land acquisition related thereto, and acquisition and 
fabrication of capital equipment not related to construction) nec-
essary for national security programs as follows: 
(1) For weapons activities: 
Project 90-D-lOl, general plant projects, various loca-
tions, $28,130,000. 
Project 90-D-102, nuclear weapons research, develop-
ment, and testing facilities revitalization, Phase III, various 
locations, $1,000,000. 
Project 
90-D-103, environment, safety, 
and 
health 
improvements, various locations, $10,700,000. 
Project 90-D-121, general plant projects, various loca-
tions, $30,850,000. 
'.] 
Project 90-D-122, production capabilities for the nuclear 
depth/strike bomb (ND/SB), various locations, $8,000,000. 
Project 90-D-124, high explosives (HE) synthesis facility, 
Pantex Plant, Amarillo, Texas, $1,800,000. 
Project 90-D-125, steam plant ash disposal facility, Y-12 
Plant, Oak Ridge, Tennessee, $1,500,000. 
Project 90-D-126, environmental, safety, and health 
enhancements, various locations, $26,700,000. 
Project 89-D-122, production waste storage facilities, 
Y-12 Plant, Oak Ridge, Tennessee, $9,200,000. 
Project 
89-D-125, plutonium 
recovery 
modification 
project. Rocky Flats Plant, Golden, (^lorado, $45,000,000. 
Project 89-D-126, environmental, safety, and health up-
grade. 
Phase 
^I, 
Mound 
Plant, 
Miamisburg, 
Ohio, 
; ^ : $3,50(),000. 
Project 88-D-102, sanitary wastewater systems consolida-
tion, Los Alamos National Laboratory, Los Alamos, New 
Mexico, $3,100,000. 
Project 88-D-104, safeguards and security upgrade. 
Phase II, Los Alamos National Laboratory, Los Alamos, 
New Mexico, $1,000,000. 
^ 
Project 88-D-105, special nuclear materials research and 
' 
development laboratory replacement, Los Alamos National 
Laboratory, Los Alamos, New Mexico, $44,000,000. 
' 
Project 88-D-106, nuclear weapons research, develop-
ment, and testing facilities revitalization. Phase II, various 
locations, $94,400,000. 
Project 88-D-122, facilities capability assurance program, 
^ 
various locations, $83,099,000. 
Project 88-D-123, security enhancements, Pantex Plant, 
Amarillo, Texas, $5,500,000. 
Project 88-D-124, fire protection upgrade, various loca-
tions, $5,400,000. 
Project 88-D-125, high explosive machining facility, 
Pantex Plant, Amarillo, Texas, $36,000,000. 
Project 87-D-104, safeguards and security enhancement, 
Phase II, Lawrence Livermore National Laboratory, Liver-
more, California, $7,000,000. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1669 
Project 87-D-122, short-range attack missile II (SRAM II) 
warhead 
production 
facilities, 
various 
locations, 
$41,200,000. 
Project 86-D-103, decontamination and waste treatment 
facility, Lawrence Livermore National Laboratory, Liver-
more, California, $5,200,000. 
Project 86-D-130, tritium loading facility replacement, 
Savannah River Plant, Aiken, South Carolina, $24,025,000. 
Project 85-D-105, combined device assembly facility, 
Nevada Test Site, Nevada, $9,460,000. 
(2) For materials production: 
Project 90-D-141, Idaho chemical processing plant fire 
protection, Idaho National Engineering Laboratory, Idaho, 
$3,500,000. 
Project 90-D-142, coal storage facility environmental up-
grade. Feed Materials Production Center, Fernald, Ohio, 
$920,000. 
Project 90-D-143, plutonium finishing plant fire safety 
and loss limitation, Richland, Washington, $800,000. 
Project 90-D-146, general plant projects, various loca-
tions, $36,802,000. 
Project 90-D-149, plantwide fire protection, Phase I, 
Savannah River, South Carolina, $4,900,000. 
Project 90-D-150, reactor safety assurance, Phase I, 
Savannah River, South Carolina, $12,700,000. 
Project 90-D-151, engineering center. Savannah River, 
South Carolina, $7,000,000. 
Project 89-D-140, additional separations 
safeguards. 
Savannah River, South Carolina, $10,300,000. 
Project 89-D-141, M-area waste disposal, Savannah 
River, South Carolina, $7,800,000. 
Project 89-D-142, reactor effluent cooling water thermal 
mitigation, Savannah River, South Carolina, $40,000,000. 
Project 89-D-148, improved reactor confinement system, 
design only. Savannah River, South Carolina, $7,100,000. 
Project 88-D-153, additional reactor safeguards. Savan-
nah River, South Carolina, $6,400,000. 
Project 87-D-159, environmental, health, and safety 
improvements, Pheises I, II, and III, Feed Materials Produc-
tion Center, Fernald, Ohio, $55,111,000. 
Project 86-D-148, special isotope separation project, 
Idaho Falls, Idaho, $40,000,000. 
Project 86-D-149, productivity retention program, Phases 
I, II, III, IV, and V, various locations, $81,780,000. 
Project 86-D-152, reactor electrical distribution system, 
Savannah River, South Carolina, $3,164,000. 
Project 86-D-156, plantwide safeguards systems. Savan-
nah River, South Carolina, $6,181,000. 
Project 85-D-139, fuel processing restoration, Idaho Fuels 
Processing Facility, Idaho National Engineering Labora-
tory, Idaho, $75,000,000. 
(3) For defense waste and environmental restoration: 
Project 90-D-170, general plant projects, various loca-
tions, $29,036,000. 
Project 90-D-171, laboratory ventilation and electrical 
system upgrade, Richland, Washington, $1,100,000. 
103 STAT. 1670 
PUBLIC LAW 101-189—NOV. 29, 1989 
; 
.
= 
Project 90-D-172, aging waste transfer lines, Richland, 
Washington, $1,300,000. 
Project 90-D-173, B plant canyon crane replacement, 
C 
Richland, Washington, $1,500,000. 
Project 90-D-174, decontamination laundry facility, Rich-
land, Washington, $2,800,000. 
Project 90-D-175, landlord program safety compliance-I, 
Richland, Washington, $4,200,000. 
Project 90-D-176, transuranic (TRU) waste facility. 
Savannah River, South Carolina, $3,100,000. 
Project 90-D-177, RWMC transuranic (TRU) waste treat-
ment and storage facility, Idaho National Engineering Lab-
oratory, Idaho Falls, Idaho, $5,000,000. 
Project 90-D-178, TSA retrieval containment building, 
Idaho National Engineering Laboratory, Idaho Falls, Idaho, 
$6,000,000. 
Project 89-D-171, Idaho National Engineering Labora-
tory road renovation, Idaho, $7,400,000. 
Project 89-D-172, Hanford environmental compliance, 
Richland, Washington, $27,600,000. 
Project 89-D-173, tank farm ventilation upg^'ade, Rich-
land, Washington, $15,400,000. 
Project 89-D-174, replacement high level waste evapo-
rator. Savannah River, South Carolina, $9,360,000. 
Project 89-D-175, hazardous waste/mixed w£iste disposal 
facility, Savannah River, South Carolina, $6,440,000. 
Project 88-D-173, Hanford waste vitrification plant, Rich-
land, Washington, $29,100,000. 
Project 87-D-173, 242-A evaporator crystallizer upgrade, 
Richland, Washington, $700,000. 
Project 87-D-181, diversion box and pump pit contain-
ment 
buildings. 
Savannah 
River, 
South 
Carolina, 
$2,790,000. 
Project 
83-D-148, 
nonradioactive 
hazardous 
waste 
management. Savannah River, South Carolina, $14,140,000. 
(4) For verification and control technology: 
Project 90-D-186, center for national security and arms 
., 
control, Sandia National Laboratories, Albuquerque, New 
Mexico, $1,000,000. 
(5) For new production reactor: 
Project 88-D-154, new production reactor capacity, var-
ious locations, $100,000,000. 
(6) For naval reactors development: 
Project 90-N-lOl, general plant projects, various loca-
tions, $8,500,000. 
Project 90-N-102, expended core facility dry cell project. 
Naval Reactors Facility, Idaho, $3,600,000. 
, s; 
Project 90-N-103, advanced test reactor off-gas treatment 
^>' 
system, Idaho National Engineering Laboratory, Idaho, 
$200,000. 
Project 90-N-104, facilities renovation. Knolls Atomic 
T
, 
Power Laboratory, Niskajoina, New York, $3,900,000. 
Project 89-N-102, heat transfer test facility. Knolls 
Atomic 
Power 
Laboratory, 
Niskajruna, 
New 
York, 
$6,500,000. 
^ 
-
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1671 
Project 89-N-103, advanced test reactor modifications, 
Test Reactor Area, Idsdio National Engineering Laboratory, 
Idaho, $3,100,000. 
Project 89-N-104, power system upgrade. Naval Reactors 
Facility, Idaho, $6,400,000. 
Project 88-N-102, expended core facility receiving sta-
tion. Naval Reactors Facility, Idaho, $3,000,000. 
(7) For capital equipment not related to construction: 
(A) For weapons activities, $284,370,000, 
including 
$8,740,000 for the defense inertial confinement fusion pro-
gram. 
(B) For materials production, $104,425,000. 
(C) For defense waste and environmental restoration, 
$50,126,000. 
(D) For verification and control technology, $9,732,000. 
(E) For nuclear safeguards and security, $4,967,000. 
(F) For naval reactors development, $54,000,000. 
SEC. 3103. FUNDING LIMITATIONS 
(a) PROGRAMS, PROJECTS, AND AcnvmES OF THE DEPARTMENT OF 
ENERGY RELATING TO THE STRATEGIC DEFENSE INITIATIVE.—Of the 
funds appropriated to the Department of Energy for fiscal year 1990 
for operating expenses and plant and capital equipment, not more 
than $220,000,000 may be obligated or expended for programs, 
projects, and activities of the Department of Energy relating to the 
Strategic Defense Initiative. 
(b) INERTIAL CONFINEMENT FUSION.—Of the funds authorized to be 
appropriated to the Department of Energy for fiscal year 1990 for 
operating expenses and plant and capit£d equipment, $173,940,000 
shall be available for the defense inertisd confinement fusion 
progpram. 
(c) SPECIAL ISOTOPE SEPARATION PROJECT.—(1) The funds au-
thorized for Project 86-D-148, special isotope separation project, 
Idaho Falls, Idaho, may not be used for construction or procurement 
of long-lead materials or equipment. 
(2) The Secretary of Energy may transfer not more than 
$10,000,000 of the funds authorized for Project 86-D-148 to the funds 
authorized for Operating Expenses for activities in support of such 
project. 
(3) No funds may be obligated for site preparation for Project 86-
D-148 until the Secretary of Energy has certified to the Committees 
on Armed Services of the Senate and House of Representatives that 
obligation of funds for site preparation is— 
(A) essential for the national security of the United States; 
and 
(B) necessary to meet plutonium requirements. 
(4) No additional funds may be obligated for construction, includ-
ing site preparation, in connection with such project until the 
Secretary has certified to the Committees on Armed Services of the 
Senate and the House of Representatives that the technology for the 
special isotope separation project has been proven and that all 
environmental requirements provided in applicable laws have been 
met. 
(d) LANCE WARHEAD FOLLOW-ON.—(1) Except as provided in 
paragraph (2), funds appropriated pursuant to the authorization 
contained in section 3101 may not be obligated for advanced develop-
103 STAT. 1672 
PUBLIC LAW 101-189—NOV. 29, 1989 
ment for any warhead for the design or development of a new 
warhead for the Follow-on To Lance (FOTL) missile. 
(2) Funds referred to in paragraph (1) may be obligated for ad-
vanced development for a warhead for the FOTL missile only if the 
Secretary of Energy certifies to the Committees on Armed Services 
of the Senate and House of Representatives that— 
(A) such warhead is a cost effective use of the W84 warhead, 
the W85 warhead, or both the W84 and W85 warheads, as the 
case may be; or 
(B) neither the W84 or W85 warhead is compatible with the 
FOTL missile. 
(3) Any certification submitted pursuant to paragraph (2) shall be 
accompanied by a detailed explanation of the reasons for such 
certification. 
(4) For purposes of this paragraph, the term "advance develop-
ment" with respect to the FOTL missile means work under phase 1 
or work under phase 2, other than design work under phase 2A. 
PART B—RECURRING GENERAL PROVISIONS 
SEC. 3121. REPROGRAMMING 
(a) NOTICE TO CONGRESS.—(1) Except as otherwise provided in this 
title— 
(A) no amount appropriated pursuant to this title may be used 
for any program in excess of the lesser of— 
(i) 105 percent of the amount authorized for that program 
by this title; or 
(ii) $10,000,000 more than the amount authorized for that 
program by this title; and 
(B) no amount appropriated pursuant to this title may be used 
for any program which has not been presented to, or requested 
of, the Congress. 
(2) An action described in paragraph (1) may be taken after a 
period of 30 calendar days (not including £iny day on which either 
House of Congpress is not in session because of adjournment of more 
than three calendar days to a day certain) has passed after receipt 
by the Committees on Armed Services and the Committees on 
Appropriations of the Senate and House of Representatives of notice 
from the Secretary of Energy containing a full and complete state-
ment of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed action. 
0>) LIMITATION ON AMOUNT OBUGATED.—In no event may the total 
amount of funds obligated pursuant to this title exceed the total 
amount authorized to be appropriated by this title. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS 
' ^ 
(a) IN GENERAL.—The Secretary may carry out any construction 
project under the general plant projects provisions authorized by 
this title if the total estimated cost of the construction project does 
not exceed $1,200,000. 
0)) REPORT TO CONGRESS.—If at any time during the construction 
of any general plant project authorized by this title, the estimated 
cost of the project is revised because of unforeseen cost variations 
and the revised cost of the project exceeds $1,200,000, the Secretary 
shall immediately furnish a complete report to the Committees on 
Armed Services and the Committees on Appropriations of the 
. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1673 
Senate and House of Representatives explaining the reasons for the 
cost variation. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS 
(a) IN GENERAL.—(1) Except as provided in paragraph (2), construc-
tion on a construction project may not be started or additional 
obligations incurred in connection with the project above the total 
estimated cost, whenever the current estimated cost of the construc-
tion project, which is authorized by section 3102 of this title, or 
which is in support of national security programs of the Department 
of Energy and was authorized by any previous Act, exceeds by more 
than 25 percent the higher of— 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the project as 
shown in the most recent budget justification data submitted to 
Congress. 
(2) An action described in paragraph (1) may be taken after a 
period of 30 calendar days (not including any day on which either 
House of Congress is not in session because of adjournment of more 
than three calendar days to a day certain) has passed after receipt 
by the Committees on Armed Services and the Committees on 
Appropriations of the Senate and House of Representatives of notice 
from the Secretary of Energy containing a full and complete state-
ment of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed action. 
O
b
) EXCEPTION.—Subsection (a) shall not apply to any construction 
project which has a current estimated cost of less thsm $5,000,000. 
SEC. 3124. FUND TRANSFER AUTHORITY 
(a) IN GENERAL.—Funds appropriated pursuant to this title may 
be transferred to other agencies of the Government for the perform-
ance of the work for which the funds were appropriated, and funds 
so transferred may be merged with the appropriations of the agency 
to which the funds are transferred. 
Ot)) SPECIFIC TRANSFER.—The Secretary of Defense may transfer to 
the Secretary of Energy not more than $100,000,000 of the funds 
appropriated for fiscal year 1990 to the Department of Defense for 
research, development, test, and evaluation for the Defense Agen-
cies for the performance of work on the Strategic Defense Initiative. 
Funds so tr£insferred— 
(1) may be used only for research, development, and testing 
for nuclear directed energy weapons, including plant and cap-
ital equipment related thereto; 
(2) shall be merged with the appropriations of the Department 
of Energy; and 
(3) may not be included in calculating the amount of funds 
obligated or expended for purposes of the funding limitation in 
section 3103(a). 
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN 
(a) IN GENERAL.—(1) Within the amounts authorized by this title 
for plant engineering and design, the Secretary of Energy may carry 
out advance planning and construction designs (including architec-
tural and engineering services) in connection with any proposed 
construction project if the total estimated cost for such planning and 
design does not exceed $2,000,000. 
103 STAT. 1674 
PUBLIC LAW 101-189—NOV. 29, 1989 
National 
Competitiveness 
TecFmology 
Transfer 
Act of 1989. 
15 u s e 3701 
note. 
15 u s e 3701 
note. 
(2) In any case in which the total estimated cost for such planning 
and design exceeds $300,000, the Secretary shall notify the Ck)mmit-
tees on Armed Services and the Committees on Appropriations of 
the Senate and House of Representatives in writing of the details of 
such project at least 30 days before any funds are obligated for 
design services for such project. 
0)) SPECIFIC AUTHORITY REQUIRED.—In any case in which the total 
estimated cost for advance planning and construction design in 
connection with any construction project exceeds $2,000,000, funds 
for such design must be specifically authorized by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN 
In addition to the advance planning and construction design 
authorized by section 3102, the Secretary of Energy may perform 
planning ana design utilizing available funds for any Department of 
Energy defense activity construction project whenever the Secretary 
determines that the design must proceed expeditiously in order to 
meet the needs of national defense or to protect property or human 
life. 
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS 
OF THE DEPARTMENT OF ENERGY 
Subject to the provisions of appropriation Acts and section 3121, 
amounts appropriated pursuant to this title for management and 
support activities and for general plant projects are available for 
use, when necessary, in connection with all national security pro-
grams of the Department of Energy. 
SEC. 3128. AVAILABILITY OF FUNDS 
When so specified in an appropriation Act, amounts appropriated 
for operating expenses or for plant and capital equipment may 
remain available until expended. 
PART C—TECHNOLOGY TRANSFER 
SEC. 3131. SHORT TITLE 
This part may be cited as the "National Competitiveness Tech-
nology Transfer Act of 1989". 
SEC. 3132. FINDINGS AND PURPOSES 
(a) FINDINGS.—Congress finds that— 
(1) technology advancement is a key component in the growth 
of the United States industrial economy, and a strong industrial 
base is an essential element of the security of this country; 
(2) there is a need to enhance United States competitiveness 
in both domestic and international markets; 
(3) innovation and the rapid application of commercially valu-
able technology are assuming a more significant role in near-
term marketplace success; 
(4) the Federal laboratories and other facilities have outstand-
ing capabilities in a variety of advanced technologies and skilled 
scientists, engineers, and technicians who could contribute 
substantially to the posture of United States industry in inter-
national competition; 
(5) improved opportunities for cooperative research and devel-
opment agreements between contractor-managers of certain 
Federal laboratories and the private sector in the United States, 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1675 
consistent with the program missions at those facilities, particu-
larly the national security functions involved in atomic energy 
defense activities, would contribute to our national well-being; 
and 
(6) more effective cooperation between those laboratorils and 
the private sector in the United States is required to provide 
speed and certainty in the technology transfer process, 
(b) PURPOSES.—The purposes of this part are to— 
(1) enhance United States national security by promoting 
technology transfer between Government-owned, contractor-
operated laboratories and the private sector in the United 
States; and 
(2) enhance collaboration between universities, the private 
sector, and Government-owned, contractor-operated labora-
tories in order to foster the development of technologies in areas 
of significant economic potential. 
SEC. 3133. AUTHORITY TO ENTER INTO COOPERATIVE RESEARCH AND 
DEVELOPMENT AGREEMENTS 
(a) TECHNOLOGY TRANSFER ACTIVITIES.—Section 12 of the Steven-
son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is 
amended— 
(1) in subsection (a)— 
(A) by inserting ", and, to the extent provided in an 
agency-approved joint work statement, the director of anv 
of its Government-owned, contractor-operated laboratories ' 
after "Government-operated Federal laboratories"; 
(B) by striking "for Grovernment-owned" and inserting in 
lieu thereof "(in the case of a Government-owned, contrac-
tor-operated laboratory, subject to subsection (c) of this 
section) for" in paragraph (2); and 
(C) by striking "of Federal employees" in paragraph (2); 
(2) in subsection (b)— 
(A) by inserting ", and, to the extent provided in an 
agency-approved joint work statement, a Government-
owned, contractor-operated laboratory," after "Govern-
ment-operated Federal laboratory"; 
(B) by striking "a Federal" in paragraph (2) and inserting 
• 
in lieu thereof * a laboratory"; and 
(C) by inserting after paragraph (5) the following: 
"A Government-owned, contractor-operated laboratory that enters 
into a cooperative research and development agreement under 
subsection (aXD may use or obligate royalties or other income 
accruing to such laboratory under such agreement with respect to 
any invention only (i) for payments to inventors; (ii) for the purposes 
described in section 14(aXlXB) (i), (ii), and (iv); and (iii) for scientific 
research and development consistent with the research and develop-
ment mission and objectives of the laboratory."; 
(3) in subsection (cX3XA), by striking "employee standards of 
conduct" and inserting in lieu thereof "standards of conduct for 
its employees"; 
(4) in subsection (cXSXA), by inserting "presented by the 
director of a Government-operated laboratory after "any such 
agreement"; 
(5) in subsection (cX5)(B), by inserting "by the director of a 
Government-operated laboratory" after "an agreement pre-
sented"; 
103 STAT. 1676 
PUBLIC LAW 101-189—NOV. 29, 1989 
(6) in subsection (cX5), by adding at the end the following new 
X 
subparagraph: 
"(CXi) Any agency which has contracted with a non-Federal entity 
to operate a laboratory shall review and approve, request specific 
modifications to, or disapprove a joint work statement that is 
submitted by the director of such laboratory within 90 days after 
such submission. In any case where an agency has requested specific 
modifications to a joint work statement, the agency shall approve or 
disapprove any resubmission of such joint work statement within 30 
days after such resubmission, or 90 days after the original submis-
sion, whichever occurs later. No agreement may be entered into by a 
Government-owned, contractor-operated laboratory under this sec-
tion before both approval of the agreement under clause (iv) and 
approval under this clause of a joint work statement. 
'(ii) In any case in which an agency which has contracted with a 
non-Federal entity to operate a laboratory disapproves or requests 
the modil^cation of a joint work statement submitted under this 
section, the agency shall promptly transmit a written explanation of 
such disapproval or modification to the director of the laboratory 
concerned. 
"(iii) Any agency which has contracted with a non-Federal entity 
to operate a laboratory or laboratories shall develop and provide to 
such laboratory or laboratories one or more model cooperative 
research and development agreements, for the purposes of standard-
izing practices and procedures, resolving common legal issues, and 
enabling review of cooperative research and development agree-
ments to be carried out in a routine and prompt manner. 
"(iv) An agency which has contracted with a non-Federal entity to 
operate a laboratory shall review each agreement under this section. 
Within 30 days after the presentation, by the director of the labora-
tory, of such agreement, the agency shall, on the basis of such 
review, approve or request speciftc modification to such agreement. 
Such agreement shall not take effect before approval under this 
clause. 
Reports. 
"(v) If an agency fails to complete a review under clause (iv) 
within the 30-day period specified therein, the agency shall submit 
to the Congress, within 10 days after the end of that 30-day period, a 
report on the reasons for such failure. The cigency shall, at the end 
of each successive 30-day period thereafter during which such fail-
ure continues, submit to the (Dongress another report on the reasons 
for the continuing failure. Nothing in this clause relieves the agency 
of the requirement to complete a review under clause (iv). 
"(vi) In any case in which an agency which has contracted with a 
non-Federal entity to operate a laboratory requests the modification 
of an agreement presented under this section, the agency shall 
promptly transmit a written explanation of such modification to the 
' 
director of the laboratory concerned."; 
(7) in subsection (c), by adding at the end the following new 
paragraph: 
Classified 
"(7XA) No trade secrets or commercial or financial information 
information. 
\h&\. is privileged or confidential, under the meaning of section 
552(bX4) of title 5, United States Code, which is obtained in the 
conduct of research or as a result of activities under this Act from a 
non-Federal party participating in a cooperative research and devel-
opment agreement shall be disclosed. 
"(B) The director, or in the case of a contractor-operated labora-
tory, the agency, for a period of up to 5 years after development of 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1677 
information that results from research and development activities 
conducted under this Act and that would be a trade secret or 
commercial or financial information that is privileged or confiden-
tial if the information had been obtained from a non-Federal party 
participating in a cooperative research and development agreement, 
may provide appropriate protections against the dissemination of 
such information, including exemption from subchapter II of chap-
ter 5 of title 5, United States Code.'; and 
(8) in subsection (d)— 
(A) by striking "and" at the end of paragraph (1); 
(B) by amending paragraph (2) to read as follows: 
"(2) the term 'laboratory' means— 
"(A) a facility or group of facilities owned, leased, or 
otherwise used by a Federal agency, a substantial purpose 
of which is the performance of research, development, or 
engineering by employees of the Federal Government; 
"(B) a group of Government-owned, contractor-operated 
facilities under a common contract, when a substantial 
purpose of the contract is the performance of research and 
development for the Federal Government; and 
"(C) a Cxovemment-owned, contractor-operated facility 
that is not under a common contract described in sub-
paragraph (B), and the primary purpose of which is the 
performance of research and development for the Federal 
(jovernment, 
but such term does not include any facility covered by Executive 
Order No. 12344, dated February 1, 1982, pertaining to the 
Naval nuclear propulsion program; and"; and 
(C) by adding at the end the following new paragraph: 
"(3) the term 'joint work statement' means a proposal pre-
pared for a Federal agency by the director of a Government-
owned, contractor-operated laboratory describing the purpose 
and scope of a proposed cooperative research and development 
agreement, and assigning rights and responsibilities among the 
agency, the laboratory, and any other party or parties to the 
proposed agreement.". 
(b) PRINCIPLES.—Section 12 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a) is amended by adding at the 
end the following new subsection: 
"(g) PRINCIPLES.—In implementing this section, each agency 
which has contracted with a non-Federal entity to operate a labora-
tory shall be guided by the following principles: 
"(1) The implementation shall advance program missions at 
the laboratory, including any national security mission. 
"(2) Classified information and unclassified sensitive informa-
tion protected by law, regulation, or Executive order shall be 
appropriately safeguarded.". 
(c) "TECHNICAL AMENDMENTS.—Section 14 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710c) is amended— 
(1) in subsection (aXD, by inserting "by Government-operated 
Federal laboratories" after "entered into"; and by striking "11" 
and inserting in lieu thereof "12"; 
(2) in sul:^ection (aXl)(BXii), by inserting ", including pay-
ments to inventors and developers of sensitive or classified 
technology, regardless of whether the technology has commer-
cial applications" after "that laboratory"; and 
note. 
103 STAT. 1678 
PUBLIC LAW 101-189—NOV. 29, 1989 
(3) in subsection (aXlXBXiv), by striking "Government-oper-
ated". 
15 ysc 3710a 
(d) Ck)NTRACT PROVISIONS.—(1) Not later than 150 days after the 
date of enactment of this Act, each agency which has contracted 
with a non-Federfid entity to operate a Government-owned labora-
tory shall propose for inclusion in that laboratory's operating con-
tract, to the extent not already included, appropriate contract provi-
sions that— 
(A) establish technology transfer, including cooperative re-
search and development agreements, as a mission for the lab-
oratory under section ll(aXl) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980; 
(B) describe the respective obligations and responsibilities of 
the agency and the laboratory with respect to this part and 
section 12 of the Stevenson-Wydler Technology Innovation Act 
of 1980; 
(C) require that, except as provided in paragraph (2), no 
employee of the laboratory shall have a substantial role (includ-
ing an advisory role) in the preparation, negotiation, or ap-
proval of a cooperative research and development agreement if, 
to such employee's knowledge— 
(i) such employee, or the spouse, child, parent, sibling, or 
partner of such employee, or an organization (other than 
the laboratory) in which such employee serves as an officer, 
director, trustee, partner, or employee— 
(I) holds a Hnancial interest in any entity, other than 
the laboratory, that has a substantial interest in the 
preparation, negotiation, or approval of the cooperative 
^ 
research and development agreement; or 
(II) receives a gift or gratuity from any entity, other 
than the laboratory, that has a substantial interest in 
the preparation, negotiation, or approval of the co-
operative research and development agreement; or 
(ii) a financial interest in any entity, other than the 
laboratory, that has a substantial interest in the prepara-
tion, negotiation, or approval of the cooperative research 
and development £ign*eement, is held by any person or 
organization with whom such employee is negotiating or 
has any arrangement concerning prospective employment; 
(D) require that each employee of the laboratory who nego-
tiates or approves a cooperative research and development 
agreement shall certify to the agency that the circumstances 
described in subparagraph (CXi) and (ii) do not apply to such 
employee; 
(E) require the laboratory to widely disseminate information 
on opportunities to participate with the laboratory in tech-
nology transfer, including cooperative research and develop-
ment agreements; and 
(F) provides for an accounting of all royalty or other income 
received under cooperative research and development agree-
ments. 
(2) The requirements described in pareigraph (IXC) and (D) shall 
not apply in a case where the negotiating or approving employee 
advises the agency that reviewed the applicable joint work state-
ment under section 12(cX5XCXi) of the Stevenson-Wydler Technology 
Innovation Act of 1980 in advance of the matter in which he is to 
participate and the nature of any financial interest described in 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1679 
paragraph (1XC)> and where the agency employee determines that 
such financial interest is not so substcmtial as to be considered likely 
to affect the integrity of the laboratory employee's service in that 
matter. 
(3) Not later than 180 days after the date of enactment of this Act, 
each agency which has contracted with a non-Federal entity to 
operate a Government-owned laboratory shall submit a report to the 
Congress which includes a copy of each contract provision amended 
pursuant to this subsection. 
(4) No Government-owned, contractor-operated laboratory may 
enter into a cooperative research and development agreement under 
section 12 of the Stevenson-Wydler Technology Innovation Act of 
1980 imless— 
(A) that laboratory's operating contract contains the provi-
sions described in paragraph (IXA) through (F); or 
(B) such laboratory agrees in a separate writing to be bound 
by the provisions described in paragraph (IXA) through (F). 
(5) Any contract for a Government-owned, contractor-operated 
laboratory entered into after the expiration of 150 days after the 
date of enactment of this Act shall contain the provisions described 
in paragraph (IXA) through (F). 
(e) TTCHNOLOGY TRANSFER FUNDING AND REPORT.—Section 11(b) of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
37100&)) is amended— 
(1) by striking "after September 30,1981,"; 
(2) by striking "not less than 0.5 percent of the agency's 
research and development budget" and inserting in lieu thereof 
"sufficient funding, either as a separate line item or from the 
agency's research and development budget,"; 
(3) by striking "The agency head may waive" and all that 
follows through "waives such requirement, the" and inserting 
in lieu thereof "The"; and 
(4) by striking "reasons for the waiver and alternate plans for 
conducting the technolo^ transfer function at the agency." and 
inserting in lieu thereof agencjr's technology transfer program 
for the preceding year and the agency's plans for conducting its 
technology transfer function for the upcoming year, including 
plans for securing intellectual property rights in laboratory 
innovations with commercial promise and plans for managing 
such innovations so as to benefit the competitiveness of United 
States industry.". 
PART D—ENVIRONMENT, SAFETY, AND MANAGEMENT 
Reports. 
SEC. 3141. DEFENSE WASTE CLEANUP TECHNOLOGY PROGRAM 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary of E n e i ^ shall 
establish and carry out a program of research for the development 
of technologies useful for (1) the reduction of environmental hazards 
and contamination resulting from defense waste, and (2) environ-
mental restoration of inactive defense waste disposal sites. 
(b) COORDINATION OF RESEARCH AcnviriES.—(1) In order to ensure 
nonduplication of research activities by the Department of Energy 
r^arding technologies referred to in subsection (a), the Secretary 
shall coordinate the research activities of the Department of Energy 
relating to the development of such technologies with the research 
activities of the Environmental Protection Agency, the Department 
42 u s e 7274a. 
Research and 
development. 
103 STAT. 1680 
PUBLIC LAW 101-189—NOV. 29, 1989 
of Defense, and other appropriate Federal agencies relating to the 
same matter. 
(2) To the extent that funds are otherwise available for obligation, 
the Secretary may enter into cooperative agreements with the 
Environmental Protection Agency, the Department of Defense, and 
other appropriate Federal agencies for the conduct of research for 
the development of technologies referred to in subsection (a). 
(c) REPORT.—(1) The Secretary shall submit to Congress not later 
than April 1 each year a report on the research activities of the 
Department of Energy for the development of technologies referred 
to in subsection (a). The report shall cover such activities for the 
fiscal year preceding the fiscal year in which the report is submit-
ted. The Secretary shall include in the report the following: 
(A) A description and assessment of each research program 
being carried out by or for the Department of Energy and the 
identification of the individual laboratory, contractor, or institu-
tion of higher education responsible for the research program. 
(B) An assessment of the extent to which (i) there are prac-
tical applications of the technologies being researched, and (ii) 
such technologies will likely facilitate compliance by the 
Department of Energy with applicable environmental laws and 
regulations. 
(C) An accounting of the funds allocated to each research 
program and to each laboratory, contractor, or institution of 
higher education carrying out the research program. 
(D) An assessment of the research projects that have been 
coordinated with the Environmental Protection Agency, the 
Department of Defense, and other appropriate Federal agencies 
pursuant to subsection O
t
>
)
. 
(2) The first report required by paragraph (1) shall be submitted 
not later than April 1,1990. 
(d) DEFINITIONS.—As used in this section: 
(1) The term "defense waste" means waste, including radio-
active waste, resulting primarily from atomic energy defense 
activities of the Department of Energy. 
(2) The term "inactive defense waste disposal site" means any 
site (including any facility) under the control or jurisdiction of 
the Secretary of Energy which is used for the disposal of defense 
waste and is closed to the disposal of additional defense waste, 
including any site that is subject to decontamination and 
decommissioning. 
42 use 7236. 
SEC. 3142. EXECUTIVE MANAGEMENT TRAINING IN THE DEPARTMENT OF 
ENERGY 
(a) EsTABusHMENT OF TRAINING PROGRAM,—The Secretary of 
Energy shall establish and implement a management training pro-
gram for personnel of the Department of Energy involved in the 
management of atomic energy defense activities. 
(b) TRAINING PROVISIONS.—The training program shall at a mini-
mum include instruction in the following areas: 
(1) Department of Energy policy and procedures for mangige-
ment and operation of atomic energy defense facilities. 
(2) Methods of evaluating technical performance. 
(3) Federal and State environmental laws and requirements 
for compliemce with such environmental laws, including timely 
' 
compliance with reporting requirements in such laws. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1681 
(4) The establishment of program milestones and methods to 
evaluate success in meeting such milestones. 
(5) Methods for conducting long-range technical and budget 
planning. 
(6) Procedures for reviewing and applying innovative tech-
nology to environmental restoration and defense waste manage-
ment. 
SEC. 3143. MAJOR DEPARTMENT OF ENERGY NATIONAL SECURITY PRO- 
42 USC 7271a. 
GRAMS 
(a) MAJOR PRCXJRAM DEFINED.—In this section, the term "major 
Department of Energy national security program" means a research 
and development program (which may include construction and 
production activities), a construction program, or a production 
program— 
(1) that is designated by the Secretary of Energy as a major 
Department of Energy national security program; or 
(2) that is estimated by the Secretary of Energy to cost more 
than $500,000,000 (haaed on fiscal year 1989 constant dollars). 
0)) REQUIRED REPORTS.—(1) Except as provided in paragraph (3), 
the Secretary of Energy shall submit to the Committees on Armed 
Services and the Committees on Appropriations of the Senate £uid 
House of Representatives at the end of each calendar-year quarter a 
report on each major Department of Energy national security 
program. 
(2) Each such report shsdl include, at a minimum, the following 
information: 
(A) A description of the program, its purpose, and its relation-
ship to the mission of the national security program of the 
Department of Energy. 
(B) The program schedule, including estimated annusd costs. 
(C) A comparison of the current schedule and cost estimates 
with previous schedule and cost estimates, and an explanation 
' 
of changes. 
(3) A report under this section need not be submitted for the first, 
second, or third calendar-year quarter if the comparison between 
current schedule and cost estimates £md schedule and cost estimates 
contained in the last submitted report shows that there has been— 
(A) less than a 5 percent change in total program cost; and 
(B) less than a 90-day delay in any significant schedule item of 
the program. 
(c) SUBMISSION OF REPORT.—Each report under this section shall 
be submitted not later than 30 days after the end of each calendar-
year quarter. The first report shall cover the fourth quarter of 1989 
and shall be submitted not later than January 30, 1990. 
(d) IDENTIFICATION OF PROGRAMS.—Not later than 60 days after 
Reports. 
the date of the enactment of this Act, the Secretary of Energy shall 
submit a report to the Committees on Armed Services and the 
*t)ommittees on Appropriations of the Senate and House of Rep-
resentatives that identifies all programs of the Department of 
Energy that are major Department of Energy national security 
programs, as defined in subsection (a). 
SEC. 3144. FIVE-YEAR BUDGET PLAN REQUIREMENT 
42 uSC 7271b. 
(a) PLAN REQUIREMENT,—The Secretary of Energy each year shall 
prepare a five-year budget plan for the national security programs 
of the Department of Energy. The plan shall contain the estimated 
X 
103 STAT. 1682 
PUBLIC LAW 101-189—NOV. 29, 1989 
expenditures and proposed appropriations necessary to support the 
programs, projects, and activities of the national security programs 
and shall be at a level of detail comparable to that contained in the 
budget submitted by the President to Congress under section 1105 of 
title 31, United States Code. 
O
t
>
) SUBMISSION OF PLAN.—The Secretary shall submit to the 
Committees on Armed Services and the Committees on Appropria-
tions of the Senate and House of Representatives the plan required 
under subsection (a) at the same time as the President submits to 
Congress the budget pursuant to section 1105 of title 31, United 
States Code. 
PABTE—MISCELLANEOUS PROVISIONS 
42 u s e 7256b. 
SEC. 3151. PROHIBITION AND REPORT ON BONUSES TO CONTRACTORS 
OPERATING DEFENSE NUCLEAR FACILITIES 
(a) PROHIBITION.—The Secretary of Energy may not provide any 
bonuses, award fees, or other form of performance- or production-
I 
based awards to a contractor operating a Department of Energy 
defense nuclear facility unless, in evaluating the performance or 
production under the contract, the Secretary considers the contrac-
tor's compliance with all applicable environmental, safety, and 
health statutes, regulations, and practices for determining both the 
size of, and the contractor's qualification for, such bonus, award fee, 
or other award. The prohibition in this subsection applies with 
respect to contracts entered into, or contract options exercised, after 
the date of the enactment of this Act. 
(b) REPORT ON ROCKY FLATS BONUSES.—The Secretary of Energy 
shall investigate the payment, from 1981 to 1988, of production 
bonuses to Rockwell International, the contractor operating the 
, ^ 
Rocky Flats Plant (Grolden, Colorado), for purposes of determining 
whether the pa3rment of such bonuses was made under fraudulent 
circumstances. Not later than 6 months after the date of the enact-
ment of this Act, the Secretary shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
on the results of that investigation, including the Secretary's conclu-
sions and recommendations. 
(c) DEFINITION.—In this section, the term "Department of Energy 
defense nuclear facility" has the meaning given such term by 
section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g). 
(d) REGULATIONS.—The Secretary of Energy shall promulgate 
regulations to implement subsection (a) not later than 90 days after 
f 
the date of the enactment of this Act. 
SEC. 3152. PREFERENCE FOR ROCKY FLATS WORKERS 
In any contract awarded by the Secretary of Energy to carry out 
any cleanup, decontamination, or decommissioning of the Rocky 
Flats Plant (Golden, Colorado), the Secretary of Energy shall require 
the contractor to give first preference in hiring employees to those 
employees who worked at the Rocky Flats Plsmt before it was closed 
and who are qualified to carry out the duties of the positions, as 
determined by the contractor. 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1683 
SEC. 3153. AUTHORIZATION AND FUNDING FOR ROCKY FLATS AGREE-
MENT 
(a) AUTHORIZATION.—(1) Using funds available pursuant to subsec-
tion (b), the Secretary of Energy shall make such payments as may 
be necessary— 
(A) to carry out the agreement entered into on June 16, 1989, Colorado. 
between the Department of Energy and the State of Colorado 
with respect to the Rocky Flats Plant; and 
(B) to enable the State of Colorado to provide such assistance 
Water. 
to the Colorado communities described in paragraph (2) as is 
necessary to ensure, through testing and related activities, that 
the drinking water of those communities is safe, pure, and 
clean. 
(2) The Colorado communities referred to in paragraph (IXB) are 
those communities whose water supply flows through, runs off, or is 
otherwise affected by air or water emissions of, the Rocky Flats 
Plant. 
(b) FUNDING.—Of the funds appropriated to the Department of 
Energy for fiscal year 1990 pursuant to the authorization in this 
title for environmental restoration and management of defense 
waste, not more than $3,435,000 may be obligated to carry out the 
agreement referred to in subsection (aXlXA) and to provide for 
testing and related activities authorized under subsection (aX2). 
SEC. 3154. MORATORIUM ON INCINERATION OF RADIOACTIVE WASTE AT 
LOS ALAMOS NATIONAL LABORATORY 
The Los Alamos Nationed Laboratory is prohibited from incinerat-
ing radioactive waste, including any wsuste containing radioactive 
constituents, until the earlier of the following dates: 
(1) August 1,1990. 
(2) The date on which the State of New Mexico adopts regula-
tions on emissions resulting from the incineration of radioactive 
waste. 
SEC. 3155. PRODUCTION OF THE 155-MILLIMETER ARTILLERY-FIRED, 
ATOMIC PROJECTILE 
Section 1635 of the Department of Defense Authorization Act, 
1985 (Public Law 98-525; 98 Stat. 2649), is amended— 
(1) in subsection (b), by striking out the period at the end of 
paragraph (2) and inserting in lieu thereof ", not including 
amounts spent exclusively to ensure the safety and security of 
* 
the warheads."; and 
(2) by adding at the end the following new subsection: 
"(d) The Secretary of Energy and the Secretary of Defense shall 
Reports. 
jointly submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the implementation of 
this section and shall include in such report the number of projec-
tiles referred to in subsection (b) that have been produced and the 
total amount obligated for the production of such projectiles. Such 
report shall be submitted at the same time that the President 
submits the budget for fiscal year 1991 to Congress pursuant to 
section 1105 of title 31, United States Code.". 
SEC. 3156. REPORTS IN CONNECTION WITH PERMANENT CLOSURES OF 
42 USC 7274b. 
DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITIES 
(a) TRAINING AND JOB PLACEMENT SERVICES PLAN.—Not later than 
120 days before a Department of Energy defense nuclear facility (as 
103 STAT. 1684 
PUBLIC LAW 101-189—NOV. 29, 1989 
defined in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 
2286(g)) permanently ceases all production and processing oper-
ations, the Secretary of Energy must submit to the dlommittees on 
Armed Services of the Senate and the House of Representatives a 
report containing a discussion of the training and job placement 
services needed to enable the employees at such facility to obtain 
employment in the environmental remediation and cleanup activi-
ties at such facility. The discussion shall include the actions that 
* ^ 
should be taken by the contractor operating and managing such 
facility to provide retraining and job placement services to employ-
ees of such contractor. 
(b) CLOSURE REPORT.—Upon the permanent cessation of produc-
tion operations at a Department of Energy defense nuclear facility, 
the Secretary of Energy shall submit to Congress a report contain-
ing— 
(1) a complete survey of environmental problems at the 
facility; 
(2) budget quality data indicating the cost of environmental 
restoration and other remediation and cleanup efforts at the 
facility; and 
(3) a discussion of the proposed cleanup schedule. 
SEC. 3157. DEFENSE PROGRAM MISSIONS 
&
&
* 
/ 
Section 91 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2121(a)) 
^ 
is amended— 
(1) by striking out "and" at the end of clause (1); 
^; 
(2) by striking out the period at the end of clause (2) and 
\
^ 
* 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end the following new clauses: 
"(3) provide for safe storage, processing, transportation, and 
disposal of hazardous waste (including radioactive waste) result-
ing from nuclear materials production, weapons production and 
_
^ 
surveillsuice programs, and naval nuclear propulsion programs; 
^
* 
"(4) carry out research on and development of technologies 
needed for the effective negotiation and verification of inter-
j:: 
national agreements on control of special nuclear materials and 
nuclear weapons; and 
"(5) under applicable law (other than this paragraph) and 
consistent with other missions of the Department of Energy, 
' 
make transfers of federally owned or originated technology to 
J 
State and local governments, private industry, and universities 
or other nonprofit organizations so that the prospects for 
i 
u commercialization of such technology are enhanced.". 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 
BOARD AUTHORIZATION 
SEC 3201. AUTHORIZATION 
There are authorized to be appropriated for fiscal year 1990 
$7,000,000 for the establishment and operation of the Defense Nu-
clear Facilities Safety Board imder chapter 21 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2286 et seq.). 
PUBLIC LAW 101-189—NOV. 29, 1989 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
PART A—CHANGES IN STOCKPILE AMOUNTS 
SEC. 3301. CHANGES IN STOCKPILE REQUIREMENTS 
Pursuant to section 3(cX4) of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98b(cX4)), the National Defense Stockpile 
Manager may revise quantities of materials to be stockpiled under 
that Act in accordance with the following table: 
103 STAT. 1685 
50 u s e 98b note. 
Material 
Aluminum 
oxide, 
abrasive 
grain 
group 
Antimony 
Asbestos, amosite 
Bauxite, refractory 
Bismuth 
Chromite, refractory grade ore 
Columbium group 
Diamond, industrial group 
Fluorspar, acid grade 
Fluorspar, metallurgical grade 
Graphite, natural, malagasy, crystal-
line 
Graphite, natural, other than Ceylon 
and Malagasy 
Manganese, battery grade group 
Mica, muscovite block, stained and 
better 
Natural insulation fibers 
Platinum group metals, iridium 
Platinum group metals, palladium 
Quartz crystals 
Talc, steatite block and lump 
Tungsten group 
Current quantity 
638,000 short tons 
(contained) 
36,000 short tons 
17,000 short tons 
1,400,000 long 
calcined tons 
2,200,000 pounds 
850,000 short dry 
tons 
4,850,000 pounds 
(contained) 
29,730,000 carats 
1,400,000 short dry 
tons 
1,700,000 short dry 
tons 
20,000 short tons 
2,800 short tons 
87,000 short dry 
tons 
6,200,000 pounds 
1,500,000 pounds 
98,000 troy ounces 
3,000,000 troy 
ounces 
600.000 pounds 
28 short tons 
50,666,000 pounds 
(contained) 
Revised quantity 
374,000 short tons 
(contained) 
88,500 short tons 
0 short tons 
1,240,000 long 
calcined tons 
1,060,000 pounds 
695,000 short dry 
tons 
12,520,000 pounds 
(contained) 
7,730,000 carats 
900,000 short dry 
tons 
310,000 short dry 
tons 
14,200 short tons 
1,930 short tons 
50,000 short dry 
tons 
2,500,000 pounds 
0 pounds 
86,000 troy ounces 
2,150,000 troy 
ounces 
240,000 pounds 
0 short tons 
70,900,000 pounds 
(contained) 
SEC. 3302. AUTHORIZED DISPOSALS 
(a) AUTHORITY.—During fiscal years 1990 and 1991, the National 
Defense Stockpile Manager may dispose of materials in the National 
Defense Stockpile in accordance with this section. The value of 
materials disposed of may not exceed $180,000,000 during each of 
such fiscal years, and such disposal may be made only as specified in 
subsection Os). 
(b) MATERIALS AUTHORIZED TO BE DISPOSED.—Any disposal under 
subsection (a) shall be made from quantities of materials in the 
National Defense Stockpile previously authorized for disposal by law 
or, in the case of materials in the National Defense Stockpile that 
42 u s e 98d note. 
103 STAT. 1686 
PUBLIC LAW 101-189—NOV. 29, 1989 
have been determined to be excess to the current requirements of 
the stockpile, in accordance with the following table: 
Material 
Quantities 
Asbestos, eunosite 
34,000 short tons 
Bismuth 
255,400 pounds 
Diamond, industrial, crushing bort 
8,000,000 carats 
Fluorspar, metallurgical grade 
15,000 short dry tons 
Graphite, natural, Malagasy, crystalline 
3,635 short tons 
Graphite, natural, other than Ceylon and Malagasy 
873 short tons 
Mercury 
15,000 flasks 
Mica, muscovite block, stained and better 
10,000 pounds 
Silicon carbide 
690 short tons 
Talc, block and lump 
28 short tons 
Tin 
5,000 metric tons 
President of U.S. 
(c) ADDITIONAL AUTHORITY.—The disposal authority provided in 
subsection (a) is in addition to any other disposal authority provided 
by law. 
(d) LIMITATION ON DISPOSALS DURING FISCAL YEARS 1990 
AND 
1991.—The National Defense Stockpile Manager may dispose of 
materials under this section during each of the fiscal years 1990 and 
1991 only to the extent that the total amount received (or to be 
received) from such disposals for each such fiscal year does not 
exceed the amount obligated from the National Defense Stockpile 
Transaction Fund during such fiscal year for the purposes au-
thorized under section 9(bX2) of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98h(bX2)). 
SEC. 3303. AUTHORIZATION OF ACQUISITIONS 
(a) ACQUISITIONS.—During each of the fiscal years 1990 and 1991, 
the National Defense Stockpile Manager shall obligate $180,000,000 
out of funds of the National Defense Stockpile Transaction Fund 
(subject to such limitations as may be provided in appropriations 
Acts) for the authorized uses of such funds under section 9(bX2) of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h(bX2)). 
(b) UPGRADE PROGRAMS.—Of the amount specified in subsection 
(a), at least $30,000,000 shall be obligated during each of such fiscal 
years for programs not already required by law for upgrading 
stockpile materials. 
PART B—PROGRAMMATIC CHANGES 
SEC. 3311. STRATEGIC AND CRITICAL MATERIALS DEVELOPMENT, RE-
SEARCH, AND CONSERVATION 
Section 8 of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98g) is amended by adding at the end the following new 
subsections: 
"(c) The President shall make scientific, technologic, and economic 
investigations concerning the feasibility of— 
"(1) developing domestic sources of supply of materials (other 
than materials referred to in subsections (a) and (b)) determined 
pursuant to section 3(a) to be strategic and critical materials; 
., 
. 
a n d 
, ..,,^„ ,-... 
. 
„. 
.,...,.. ,.,, 
,.,.„,..:i.^>*.,:.. 
- 
, 
., -...i -^i ..3... 
PUBLIC LAW 101-189—NOV. 29, 1989 
103 STAT. 1687 
"(2) developing or using alternative methods for the refining 
or processing of a material in the stockpile so as to convert such 
materied into a form more suitable for use during an emergency 
or for storage. 
"(d) The President shall encourage the conservation of domestic 
sources of any material determined pursuant to section 3(a) to be a 
strategic and critical material by making grants or awarding con-
tracts for research regarding the development of— 
"(1) substitutes for such material; or 
"(2) more efficient methods of production or use of such 
material.". 
SEC. 3312. DEVELOPMENT OF DOMESTIC SOURCES 
(a) AUTHORITY OF THE PRESIDENT.—The Strategic and Criticsd 
^ 
Materials Stock Piling Act (50 U.S.C. 98 et seq.) is amended by 
adding at the end the following new section: 
"DEVELOPMENT OF DOMESTIC SOURCES 
* 
"SEC. 15. (a) Subject to subsection (c) and to the extent the 
President of U.S. 
President determines such action is required for the national de- 
^
^ USC 98h-6. 
fense, the President shall encourage the development of domestic 
sources for materials determined pursuant to section 3(a) to be 
strategic and critical materials— 
"(1) by purchasing, or making a commitment to purchase, 
strategic and critical materials of domestic origin when such 
materials are needed for the stockpile; and 
5 
"(2) by contracting with domestic facilities, or making a 
^' 
commitment to contract with domestic facilities, for the process-
^ 
ing or refining of strategic and critical materials in the stockpile 
when processing or refining is necessary to convert such mate-
rials into a form more suiteble for storage and subsequent 
disposition. 
"(b) A contract or commitment made under subsection (a) may not 
exceed five years from the date of the contract or commitment. Such 
purchases and commitments to purchase may be made for such 
quantities and on such terms and conditions, including advance 
pavments, as the President considers to be necessary. 
(cXl) Descriptions of proposed transactions under subsection (a) 
shall be included in the appropriate annued materials plan submit-
ted to Congress under section 11(b). Changes to any such trans-
action, or the addition of a transaction not included in such plan, 
shall be made in the manner provided by section 5(aX2). 
"(2) The authority of the President to enter into obligations under 
this section is effective for any fiscal year only to the extent that 
funds in the National Defense Stockpile Transaction Fund are 
adequate to meet such obligations. Pa3rments required to be as a 
result of obligations incurred under this section shall be made from 
amounts in the fund. 
"(d) The authority of the President under subsection (a) includes 
the authority to pay— 
"(1) the expenses of transporting materials; and 
"(2) other incidental expenses related to carrying out such 
subsection. 
*
^ "(e) The President shall include in the reports required under 
section 11(a) information with respect to activities conducted under 
this section.". 
103 STAT. 1688 
PUBLIC LAW 101-189—NOV. 29, 1989 
50 use 98e-l, 
98h-7. 
50 u s e 98h-7. 
(b) USE OP NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.— 
Section 9(bX2) of such Act (50 U.S.C. 98h(bX2)) is amended by adding 
at the end the following new subparagraph: 
"(F) Activities authorized under section 15.". 
SEC. 3313. NATIONAL DEFENSE STOCKPILE MANAGER 
(a) REDESIGNATION AND TRANSPER OP SECTION.—Section 6A of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e-l) 
is— 
(1) transferred to appear after section 15 of such Act (as added 
by section 3312); and 
(2) redesignated as section 16. 
(b) AUTHORITY OP THE PRESIDENT.—Such section (as redesignated 
and transferred) is amended— 
(1) by striking out "sections 7, 8, and 13" each place it appears 
and inserting in lieu thereof "sections 7 and 13"; 
(2) by adding at the end of subsection (c) the following new 
sentence: "The President may not delegate functions of the 
President under sections 7 and 13."; and 
(3) by striking out "section 60t)) or 6(d)" in subsection (d) and 
inserting in lieu thereof "section 6(aX6)". 
SEC. 3314. AUTHORITY TO DISPOSE OF MATERIALS IN THE STOCKPILE 
FOR INTERNATIONAL CONSUMPTION 
Section 6 of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98e) is amended— 
(1) in subsection (b)— 
, 
(A) by striking out paragraph (3); 
(B) by inserting "and" at the end of paragraph (1); and 
(C) by striking out "; and" at the end of i>aragraph (2) and 
inserting in lieu thereof a period; and 
(2) by striking out "paragraph (1), (2), or (3)" in subsection (d) 
and inserting in lieu thereof "paragraph (1) or (2)". 
SEC. 3315. INFORMATION INCLUDED IN REPORTS TO CONGRESS 
Section ll(aX5) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98h-2(aX5)) is amended by striking out "made from 
the fund" and inserting in lieu thereof "made to the fund, and 
obligations to be made from the fund,". 
TITLE XXXIV—CIVIL DEFENSE 
Panama Cfinal 
Commission 
Authorization 
Act, Fiscal 
Year 1990. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS 
There is hereby authorized to be appropriated $151,535,000 for 
fiscal year 1990 for the purpose of carrying out the Federal Civil 
Defense Act of 1950 (50 U.S.C. App. 2251 et seq.). 
TITLE XXXV—PANAMA CANAL COMMISSION 
'Panama dJanal (Dommission 
SEC. 3501. SHORT TITLE 
This title may be referred to as the 
Authorization Act, Fiscal Year 1990". 
SEC. 3502. AUTHORIZATION OF EXPENDITURES 
(a) IN GENERAL.—The Panama dlanal O)mmission is authorized to 
make such expenditures within the limits of funds and borrowing 
authority available to it in accordance with law, and to make such 
PUBLIC LAW 101-189—NOV. 29, 1989 
; 
103 STAT. 1689 
contracts and commitments, without regard to ^cal year limita-
tions, as may be necessary under the Panama Canal Act of 1979 (22 
U.S.C. 3601 et seq.), for the operation, maintenance, and improve-
ment of the Panama Canal for fiscal year 1990, except that not more 
than $52,000 for such fiscal year may be expended for official 
reception and representation functions, of which— 
(1) not more than $12,000 may be expended for such purposes 
by the supervisory board for the Commission; 
(2) not more than $6,000 may be expended for such purposes 
by the Secretary of the Commission; and 
(3) not more than $34,000 may be expended for such purposes 
by the Administrator of the Commission. 
OD) PURCHASE OF PASSENGER MOTOR VEHICLES.—Funds available to 
the Panama Canal Commission shall be available for the purchase 
of passenger motor vehicles (including large heavy-duty vehicles) 
used to transport personnel of the Commission across the Isthmus of 
Panama. Such vehicles may be purchased without regard to price 
limitations prescribed by law or regulation. 
SEC. 3503. NOTIFICATION REQUIREMENTS 
22 USC 3872. 
The Peinama d^al Commission shall provide written advance 
notification to the Committee on Merchant Marine and Fisheries of 
the House of Representatives and the Committee on Armed Services 
of the Senate regarding— 
(1) any proposed change in the rates of tolls for use of the 
Panama Canal; 
(2) any pa3rment estimated to be due the Republic of Panama 
under paragraph 4(c) of Article XIII of the Panama Canal 
Treaty of 1977, as provided by section 1341 of the Panama Canal 
Act of 1979 (22 U.S.C. 3751); and 
(3) the initiation of any msgor capital acquisition or construc-
tion project exceeding $10,000,000 unless the proposed acquisi-
tion or project was included in the budget estimates submitted 
to Congress for the fiscal year in which the acquisition or 
project is to be undertaken, 
SEC. 3504. GENERAL PROVISIONS 
< 
(a) PAY INCREASES.—Funds for the Panama Canal Commission 
may be obligated, notwithstanding section 1341 of title 31, United 
States Ckxie, to the extent necessary to permit pajrment of such pay 
increases for officers or employees as may be authorized by adminis-
trative action pursuant to law which are not in excess of statutory 
increases granted for the same period in corresponding rates of 
compensation for other employees of the United States in com-
parable positions. 
(b) EXPENSES IN ACCORDANCE WITH LAW.—Expenditures au-
thorized under this title may be made only in accordance with the 
103 STAT. 1690 
PUBLIC LAW 101-189—NOV. 29, 1989 
Panama Canal Treaties of 1977 and any law of the United States 
implementing those treaties. 
Approved November 29, 1989. 
LEGISLATIVE HISTORY—H.R. 2461 (S. 1352) (S. 1445) (S. 1446): 
HOUSE REPORTS: No. 101-121 (Comm. on Armed Services) and No. 101-331 (Comm. 
of Conference). 
SENATE REPORTS: No. 101-81 accompanying S. 1352 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
July 24-27, considered and passed House. S. 1352 considered in Senate. 
July 31, Aug. 1, S. 1352 considered in Senate. 
Aug. 2, S. 1352 and S. 1446 considered and passed Senate. 
Aug. 4, H.R. 2461 considered and passed Senate, amended, in lieu of S. 1352. 
Nov. 9, House agreed to conference report. 
Nov. 15, Senate agreed to conference report. 
WEEKLY COMPILATTON OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Nov. 29, Presidential statement.