Department of Defense Appropriations Act, 1991
PL 101-511 (H.R.5803), enacted 11/05/1990

104 STAT. 1856 
PUBLIC LAW 101-511—NOV. 5, 1990 
Nov. 5, 1990 
[H.R. 5803] 
Department of 
Defense 
Appropriations 
Act, 1991. 
Armed Forces. 
Arms and 
munitions. 
Public Law 101-511 
101st Congress 
An Act 
Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 1991, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 
1991, for military functions administered by the Department of 
Defense, and for other purposes, namely: 
TITLE! 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all ex-
penses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members 
of the Army on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for pay-
ments pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $23,869,226,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all ex-
penses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members 
of the Navy on active duty (except members of the Reserve provided 
for elsewhere), midshipmen, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $19,065,967,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all ex-
penses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members 
of the Marine Corps on active duty (except members of the Reserve 
provided for elsewhere); and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), to section 229(b) 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1857 
of the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fund; $5,897,502,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all ex-
penses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members 
of the Air Force on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; and 
for payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), to section 229(b) of the Social Security 
Act (42 U.S.C. 429(b)), and to the Department of Defense Military 
Retirement Fund; $19,738,372,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 
under sections 265, 3021, and 3038 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and 
expenses authorized by section 2131 of title 10, United States Code, 
as authorized by law; and for payments to the Department of 
Defense Military Retirement Fund; $2,363,300,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty 
under section 265 of title 10, United States Code, or while serving on 
active duty under section 672(d) of title 10, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing reserve training, or 
while performing drills or equivalent duty, and for members of the 
Reserve Officers Training Corps, and expenses authorized by sec-
tion 2131 of title 10, United States Code, as authorized by law; and 
for payments to the Department of Defense Military Retirement 
Fund; $1,645,000,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on 
active duty under section 265 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 2131 of title 10, United States Code, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $336,400,000. 
104 STAT. 1858 
PUBLIC LAW 101-511—NOV. 5, 1990 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active 
duty under sections 265, 8021, and 8038 of title 10, United States 
Code, or while serving on active duty under section 672(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 678(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' Training 
Corps, and expenses authorized by section 2131 of title 10, United 
States Code, as authorized by law; and for payments to the Depart-
ment of Defense Military Retirement Fund; $686,800,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on 
duty under section 265, 3021, or 3496 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 672(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 2131 of title 10, United States Code, as au-
thorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $3,379,500,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty 
under section 265, 8021, or 8496 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 672(d) of 
title 10 or section 502(f) of title 32, United States Code, in connection 
with performing duty specified in section 678(a) of title 10, United 
States Code, or while undergoing training, or while performing 
drills or equivalent duty or other duty, and expenses authorized by 
section 2131 of title 10, United States Code, as authorized by law; 
and for payments to the Department of Defense Military Retire-
ment Fund; $1,098,400,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Army, as authorized by law; and not 
to exceed $14,437,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Sec-
retary of the Army, and payments may be made on his certificate of 
necessity for confidential military purposes; $21,515,694,000: Pro-
vided, That $273,000 shall be available only for the 1991 Capitol 
Fourth Project. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1859 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,257,000 can be used for 
emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Navy, and payments 
may be made on his certificate of necessity for confidential mili-
tary purposes; $23,161,647,000: Provided, That from the amounts of 
this appropriation for the alteration, overhaul and repair of naval 
vessels and aircraft, funds shall be available to acquire the alter-
ation, overhaul and repair by competition between public and pri-
vate shipyards, Naval Aviation Depots and private companies. The 
Navy shall certify that successful bids include comparable estimates 
of all direct and indirect costs for both public and private shipyards. 
Naval Aviation Depots, and private companies. Competitions shall 
not be subject to section 2461 or 2464 of title 10, United States Code, 
or to Office of Management and Budget Circular A-76. Naval Avia-
tion Depots may perform manufacturing in order to compete for 
production contracts: Provided further, That funds appropriated or 
made available in this Act shall be obligated and expended to 
restore and maintain the facilities, activities and personnel levels, 
including specifically the medical facilities, activities and personnel 
levels, at the Memphis Naval Complex, Millington, Tennessee, to 
the fiscal year 1984 levels: Provided further. That the Navy may 
provide notice in this fiscal year to exercise options under the 
LEASAT program for the next fiscal year, in accordance with the 
terms of the Aide Memoire, dated January 5, 1981, as amended by 
the Aide Memoire dated April 30, 1986, and as implemented in the 
LEASAT contract: Provided further, That notwithstanding section 
2805 of title 10, United States Code, of the funds appropriated 
herein, $2,000,000 shall be available only for a grant to the Cabot/ 
Dedalo Museum Foundation. These funds shall be available solely 
for project costs and none of the funds are for remuneration of any 
entity or individual associated with fund raising for the project: 
Provided further, That not less than $15,000,000 shall be made 
available only for the upgrade of port facilities in Israel in support 
of United States naval forces. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Marine Corps, as authorized by law; 
$1,892,200,000: Provided, That of the funds appropriated in this 
paragraph, none may be used for the conversion of facilities mainte-
nance, utilities, and motor transport functions at Cherry Point 
Marine Corps Air Station, North Carolina, to performance by pri-
vate contractor under the procedures and requirements of 0MB 
Circular A-76 until the General Accounting Office completes their 
audit and validates the decision. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Air Force, as authorized by law; and 
not to exceed $8,433,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or authority 
104 STAT. 1860 
PUBLIC LAW 101-511—NOV. 5, 1990 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential military purposes; 
$20,060,735,000. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by 
law; $8,448,957,000, of which not to exceed $35,000,000 may be 
available for the CINC initiative fund account; and of which not to 
exceed $14,661,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Sec-
retary of Defense, and payments may be made on his certificate of 
necessity 
for 
confidential 
military 
purposes; and 
of which 
$561,300,000 shall be available for the Special Operations Command: 
Provided, That of the funds appropriated by this paragraph, 
$200,000,000 shall be available until September 30, 1993, only to 
the Department of Defense Office of Economic Adjustment to assist 
State and local governments significantly impacted by reductions in 
defense industry employment or reductions in the number of 
Department of Defense military and civilian personnel residing in 
such States and communities: Provided further. That any unspec-
ified reduction to be applied to appropriations available for civilian 
personnel costs required for fiscal year 1991 shall be applied on an 
equitable basis to all Defense agencies, the Office of the Secretary of 
Defense, and the Washington Headquarters Services: Provided fur-
ther. That appropriations available for civilian personnel costs of the 
Special Operations Command shall not be included in determining 
the amount of reductions to be applied nor shall such reductions be 
applied to such personnel costs: Provided further. That $10,000,000 
shall only be available during the current fiscal year for carrying 
out the purpose of section 306 of Public Law 101-189, except that the 
Secretary of Defense, in consultation with the Secretary of Edu-
cation, shall consider a local education agency as described in 
subsection (a) of section 306, as eligible for pa)mient only if such 
agency is unable, without the addition of such assistance, to provide 
a level of education for such students equivalent to the comparable 
level of education provided within the State in which such students 
reside (as determined by comparable student data), and at least 35 
percent of the local educational agency's aversige daily attendance 
are military dependent students eligible for funding under sections 
3(a) and/or 3(b) of Public Law 81-874: Provided further. That of this 
$10,000,000, $886,000 shall be available only for the Killeen, Texas, 
Independent School District and $167,000 shall be available only for 
the Copperas Cove, Texas, Independent School District: Provided 
further. That of the funds appropriated in this paragraph, $912,000 
shall be available only for transfer to the Library of Congress: 
Provided further. That of the funds appropriated for the Special 
Operations Command, not less than $69,500,000 shall be transferred 
to the Operation and Maintenance appropriations of the Reserve 
Components for execution: Provided further. That $4,000,000 shall 
be available only for the establishment of the Japanese American 
Museum as a component of the Japanese American Cultural Center 
in Ontario, Oregon. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1861 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $909,100,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $998,000,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $84,800,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $1,065,900,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; hire of passenger motor 
vehicles; personnel services in the National Guard Bureau; travel 
expenses (other than mileage), as authorized by law for Army 
personnel on active duty, for Army National Guard division, regi-
mental, and battalion commanders while inspecting units in compli-
ance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; supplying and 
equipping the Army National Guard as authorized by law; and 
expenses of repair, modification, maintenance, and issue of sup-
plies and equipment (including aircraft); $1,980,400,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, includ-
ing medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
104 STAT. 1862 
PUBLIC LAW 101-511—NOV. 5, 1990 
of the Air National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things; hire of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air National Guard; and 
expenses incident to the maintenance and use of supplies, materials, 
and equipment, including such as may be furnished from stocks 
under the control of agencies of the Department of Defense; travel 
expenses (other than mileage) on the same basis as authorized by 
law for Air National Guard personnel on active Federal duty, for 
Air National Guard commanders while inspecting units in compli-
1% 
ance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; $2,247,200,000. 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY 
For the necessary expenses and personnel services (other than pay 
and non-travel-related allowances of members of the Armed Forces 
of the United States, except for members of the Reserve components 
thereof called or ordered to active duty to provide support for the 
national matches) in accordance with law, for construction, equip-
ment, and maintenance of rifle ranges; the instruction of citizens in 
marksmanship; the promotion of rifle practice; the conduct of the 
national matches; the issuance of ammunition under the authority 
of title 10, United States Code, sections 4308 and 4311; the travel of 
rifle teams, military personnel, and individuals attending regional, 
national, and international competitions; and the payment to 
competitors at national matches under section 4312 of title 10, 
United States Code, of subsistence and travel allowances under 
section 4313 of title 10, United States Code; not to exceed $5,000,000, 
of which not to exceed $7,500 shall be available for incidental 
expenses of the National Board. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States Court 
of Military Appeals; $5,400,000 and not to exceed $2,500 can be 
used for official representation purposes. 
ENVIRONMENTAL RESTORATION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense; $1,062,527,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such fiinds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
" research and development associated with hazardous wastes and 
removal of unsafe buildings and debris of the Department of De-
fense, or for similar purposes (including programs and operations at 
sites formerly used by the Department of Defense), transfer the 
funds made available by this appropriation to other appropriations 
made available to the Department of Defense as the Secretary may 
designate, to be merged with and to be available for the same 
"
" 
purposes and for the same time period as the appropriations of 
funds to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1863 
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation. 
HUMANITARIAN ASSISTANCE 
For transportation for humanitarian relief for refugees of 
Afghanistan, acquisition and shipment of transportation assets to 
assist in the distribution of such relief, and for transportation and 
distribution of humanitarian and excess nonlethal supplies for 
worldwide humanitarian relief, as authorized by law; $15,000,000, to 
remain available for obligation until September 30, 1992: Provided, 
That the Department of Defense shall notify the Committees on 
Appropriations and Armed Services of the Senate and House of 
Representatives 21 days prior to the shipment of humanitarian 
relief which is intended to be transported and distributed to coun-
tries not previously authorized by Congress. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $1,096,182,000, to remain avail-
able for obligation until September 30,1993. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $2,218,422,000 to remain avail-
able for obligation until September 30,1993. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY 
For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
104 STAT. 1864 
PUBLIC LAW 101-511—NOV. 5, 1990 
ing the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $2,172,021,000, to remain available for obligation 
until September 30,1993. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized in military construction authoriza-
tion Acts or authorized by section 2854, title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $1,367,549,000, to remain available for obligation 
until September 30,1993. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked combat ve-
hicles; the purchase of not to exceed 6 vehicles required for physical 
security of personnel, notwithstanding price limitations applicable 
to passenger vehicles but not to exceed $165,000 per vehicle; commu-
nications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $2,453,057,000, to remain available for obligation 
until September 30,1993. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; $7,810,452,000, to remain available for 
obligation until September 30, 1993. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1865 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, other ordnance 
and ammunition, and related support equipment including spare 
parts, and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such lands and 
interest therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation 
of equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned equip-
ment layaway, as follows: 
Ballistic Missile Programs, $1,540,001,000; 
Other Missile Programs, $2,935,256,000; 
Mark-48 ADCAP Torpedo, $350,291,000; 
Mark-50 Torpedo, $328,266,000; 
ASW Targets, $26,409,000; 
ASROC, $20,156,000; 
Modification of Torpedoes, $11,740,000; 
Quickstrike mine, $16,096,000; 
Support Equipment and Logistics Support, $88,360,000; 
Other Weapons, $202,146,000; 
Other Ordnance, $306,450,000; 
In all: $5,825,171,000, to remain available for obligation until 
September 30,1993. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels £is authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title, as follows: 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$1,331,201,000; 
SSN-21 attack submarine program, $1,783,000,000: Provided, 
That the Secretary of Defense shall ensure the Secretary of the 
Navy considers all available options under applicable statutes 
and regulations in the development and promulgation of the 
acquisition strategy for the SSN-21: Provided further. That the 
Secretary of the Navy shall compete the award for the next 
SSN-21 submarine: Provided further. That the Secretary of the 
Navy shall consider all applicable factors in making an award 
including the desirability of a competitive acquisition strategy 
for the entire SSN-21 program; 
Aircraft carrier service life extension program, $405,000,000: 
Provided, That these funds are available only for advance 
procurement of material and other efforts associated with the 
industrial availability of the U.S.S. KENNEDY at the Philadel-
phia Naval Shipyard leading to the extension of the service life 
of the carrier; 
DDG-51 destroyer program, $3,113,003,000; 
39-194 O - 91 - 17 : QL 3 Part 3 
104 STAT. 1866 
PUBLIC LAW 101-511—NOV. 5, 1990 
LHD-1 amphibious assault ship program, $959,800,000; 
LSD-41 
dock 
landing 
ship 
cargo 
variant 
program, 
$240,000,000; 
MHC coastal mine hunter program, $204,000,000; 
AOE combat support ship program, $398,200,000; 
LCAC landing craft air cushion program, $267,900,000; 
Oceanographic ship program, $43,100,000; 
Sealift ship program, $900,000,000: Provided, That $30,000,000 
shall be available only for the purchase of one existing petro-
leum product tanker; 
For craft, outfitting, and post delivery, $409,800,000; 
For first destination transportation, $5,800,000; 
In all: $10,160,804,000, which includes $100,000,000 for the DDG-51 
destroyer program in addition to funds provided heretofore in this 
paragraph, to remain available for obligation until September 30, 
1995: Provided, That additional obligations may be incurred after 
September 30, 1995, for engineering services, tests, evaluations, and 
other such budgeted work that must be performed in the final stage 
of ship construction: Provided further. That none of the funds herein 
provided for the construction or conversion of any naval vessel to be 
constructed in shipyards in the United States shall be expended in 
foreign shipyards for the construction of major components of the 
hull or superstructure of such vessel: Provided further, That none of 
the funds herein provided shall be used for the construction of any 
naval vessel in foreign shipyards: Provided further. That of the 
funds appropriated in this paragraph, not less than $23,000,000 shall 
be available only to procure thirty Advanced Video Processor units 
and associated display heads. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support equip-
ment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); the purchase of not to exceed 2 vehicles required for 
physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $165,000 per 
vehicle; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
$5,627,160,000, to remain available for obligation until Septem-
ber 30, 1993, of which not less than $160,000,000 shall be for the 
procurement of sonobuoys: Provided, That of the funds appropriated 
in this paragraph, not less than $42,000,000 shall be available only 
to procure fifty-three Advanced Video Processor units and associ-
ated display heads. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, ammunition, military equip-
ment, spare parts, and accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and expansion of public and private plants. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1867 
including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; $719,141,000, to remain available for obligation 
until September 30,1993. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $9,541,455,000, to 
remain available for obligation until September 30,1993. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants. Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents 
and transportation of things; $5,813,532,000, to remain available for 
obligation until September 30,1993. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground 
electronic and communication equipment), and supplies, materials, 
and spare parts therefor, not otherwise provided for; the purchase of 
not to exceed 4 vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles 
but not to exceed $165,000 per vehicle; and expansion of public and 
private plants. Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of 
land, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon, 
prior to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway; $7,503,356,000, to remain avail-
able for obligation until September 30,1993. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
104 STAT. 1868 
PUBLIC LAW 101-511—NOV. 5, 1990 
components of the Armed Forces; $2,463,700,000, to remain available 
for obligation until September 30,1993. 
PROCUREMENT, DEFENSE AGENCIES 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed 4 vehicles required for physical security of 
personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exeeed $165,000 per vehicle; and the purchase of 
not to exceed 653 passenger motor vehicles of which 650 shall be for 
replacement only; expansion of public and private plants, equip-
ment, and installation thereof in such plants, erection of structures, 
and acquisition of land for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Government 
Eind contractor-owned equipment layaway; $2,354,646,000, to remain 
available for obligation until September 30, 1993, of which 
$618^36,000 shall be available for the Special Operations Command. 
DEFENSE PRODUCTION ACT PURCHASES 
For purchases or commitments to purchase metals, minerals, or 
other materials by the Department of Defense pursuant to section 
303 of the Defense Production Act of 1950, as amended (50 U.S.C. 
App. 2093); $50,000,000, to remain available until expended: Pro-
vided, That none of these funds shall be obligated for any metal, 
mineral, or material, unless a Presidential determination has been 
made in accordance with the Defense Production Act: Provided 
further. That the Department of Defense shall notify the Commit-
tees on Appropriations of the House of Representatives and the 
Senate thirty days prior to the release of funds for any metal, 
mineral, or material not previously approved by Congress. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $5,607,379,000, to remain available for obligation 
until September 30, 1992, of which not less than $5,480,000 is 
available only for the Vectored Thrust Combat Agility Demon-
strator flight test program utilizing the Vectored Thrust Ducted 
Propeller. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $9,037,684,000, to remain available for obligation 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1869 
until September 30, 1992: Provided, That for continued research and 
development programs at the National Center for Physical Acous-
tics, centering on ocean acoustics as it applies to advanced anti-
submarine warfare acoustics issues with focus on ocean bottom 
acoustics—seismic coupling, sea-surface and bottom scattering, oce-
anic ambient noise, underwater sound propagation, bubble related 
ambient noise, acoustically active surfaces, machinery noise, propa-
gation physics, solid state acoustics, electrorheological fluids, trans-
ducer development, ultrasonic sensors, and other such projects as 
may be agreed upon, $1,000,000 shall be made available, as a grant, 
to the Mississippi Resource Development Corporation, of which not 
to exceed $250,000 of such sum may be used to provide such special 
equipment as may be required for particular projects: Provided 
further, That not less than $24,000,000 of the funds appropriated in 
this paragraph shall be made available to Competitive Technologies 
Incorporated for efforts associated with advanced shipbuilding 
design, materials, and manufacturing technologies: Provided fur-
ther. That of the funds appropriated to the Navy in fiscal year 1990 
for Research, Development, Test and Evaluation, not less than 
$10,000,000 is available only for the Skipper Missile Enhancement 
Program: Provided further. That not less than $71,000,000 of the 
funds appropriated in this paragraph is available only to continue 
development and testing of the Sea Lance weapon system, to 
produce a technical data package, and to pursue technology and 
prod»etion engineering improvements: Provided 
further. 
That 
$15,000,000 shall be obligated for a Fast Sealift Technologies Devel-
opment Program within 90 days after enactment of this Act: Pro- 
Government 
vided further, That during fiscal year 1991, in modification and 
«)ntracts. 
supersession of the provisions of section 2361 of title 10, United 
^^^ programs. 
States Code, the Secretary of the Navy shall award contracts or 
grants to the following universities in the amounts specified, to be 
provided from funds available under this heading for the Navy 
Defense Research Sciences and Industrial Preparedness programs: 
University of Hawaii at Manoa, $6,000,000; University of Utah, 
$8,900,000: Provided further. That the contracts or grants awarded 
pursuant to the previous proviso are to be awarded in contravention 
of section 2361(a) of title 10, United States Code: Provided further, 
That, in awarding such contracts or grants, the provisions of sec-
tions 2304 and 2361(b)(2) of title 10, United States Code, shall not 
apply to the contracts or grants covered by the preceding two 
provisos. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, re-
habilitation, lease, and operation of facilities and equipment, as 
authorized by law; $11,961,310,000, to remain available for obliga-
tion until September 30, 1992, of which not less than $30,000,000 is 
available only for the National Center for Manufacturing Sciences: 
Provided, That not less than $3,000,000 of the funds appropriated in 
this paragraph is available only for continuing the research pro-
gram on development of coal based high thermal stability and 
endothermic jet fuels, including exploratory studies on direct 
conversion of coal to thermally stable jet fuels. 
104 STAT. 1870 
PUBLIC LAW 101-511—NOV. 5, 1990 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE 
AGENCIES 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and appHed scientific research, development, test and evaluation; 
advanced research projects as may be designated and determined by 
the Secretary of Defense, pursuant to law; maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized 
by law; $9,115,699,000, to remain available for obligation until 
September 30, 1992, of which $191,062,000 shall be available for the 
Special Operations Command: Provided, 
That not less than 
$2,000,000 of the funds appropriated in this paragraph is available 
only for miniature diagnostic proton accelerator research: Provided 
further, That not less than $25,000,000 of the funds appropriated in 
this paragraph shall be available only for the Defense Advanced 
Research Projects Agency Initiative in Concurrent Engineering 
(DICE): Provided further, That of the funds appropriated in this 
paragraph, not less than $103,000,000 is available only for the 
Extended Range Interceptor (ERINT) missile; not less than 
$45,400,000 is available only for the Patriot system; and not less 
than $42,000,000 is available only for the joint research and develop-
ment of the advanced development program for the Arrow 
antitactical ballistic missile program: Provided further. That not less 
than $5,000,000 of the funds appropriated in this paragraph is 
available only to establish a coal utilization center: Provided further. 
That not less than $5,000,000 of the funds appropriated in this 
paragraph is available only to establish a materials research center: 
Provided further, That not less than $7,000,000 of the funds appro-
priated in this paragraph is available only to establish an Experi-
mental Program to Stimulate Competitive Research (EPSCoR) in 
the Department of Defense: Provided further. That not less than 
$10,000,000 of the funds appropriated in this paragraph shall be 
made available as a grant to establish an Institute for Advanced 
Science and Technology at an institution of higher education which 
meets the criteria specified in section 243 of the National Defense 
Authorization Act for fiscal year 1991: Provided further, That not 
less than $10,000,000 of the funds appropriated in this paragraph 
shall be made available as a grant only for facilities and equipment 
supporting the Center for Technology and Applied Research at the 
University of Scranton: Provided further. 
That not less than 
$6,000,000 of the funds appropriated in this paragraph shall be made 
available as a grant to the Advanced Manufacturing Institute at the 
Stevens Institute of Technology: Provided further, That not less 
than $15,000,000 of the funds appropriated in this paragraph shall 
be made available as a grant to the Liberty Science Center: Provided 
further. That not less than $10,000,000 of the funds appropriated in 
this paragraph shall be made available as a grant to Drake Univer-
sity for a facility under the College of Pharmacy an4 Health Sci-
ences: Provided further. That not less than $3,500,000 of the funds 
appropriated in this paragraph shall be made available as a grant to 
Loyola College to complete the Center for Advanced Information 
and Resource Management Studies: Provided further. That of the 
funds appropriated for fiscal year 1991 under the heading "Re-
search, Development, Test and Evaluation, Defense Agencies," 
$18,000,000 shall be obligated within 90 days after endctment of this 
Act for a facility to enable collaborative research and training for 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1871 
Department of Defense military medical personnel in trauma care, 
head, neck, and spinal injury, paralysis, and neuro-degenerative 
diseases: Provided further, That, in addition to the funds previously 
appropriated to the National Defense Stockpile Transaction Fund, 
notwithstanding the provisions of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h), of funds provided 
under this heading which are available for the Defense Research 
Sciences Program, $10,000,000 is appropriated to the Fund to remain 
available until expended, for a grant to the South Carolina Research 
Authority pursuant to the purposes of sections 2 and 8 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a; 50 
U.S.C. 98g) to 
construct, 
equip, and 
operate 
a 
prototype 
ferrochromium strategic materials processing facility. 
GENERAL PROVISION 
SEC. 401. Funds appropriated in this title that are directed to be 
made available for a grant to, or contract with, a college or univer-
sity for the performance of research and development or for 
construction of a research or other facility shall be made available 
for that purpose without regard to, and (to the extent necessary) in 
contravention of, section 2361 of title 10, United States Code, which 
is hereby modified and superceded to the extent necessary to make 
each such grant or award each such contract, and any such grant or 
contract shall be made without regard to any of the conditions 
specified in subsection (b) of that section or section 2304 of title 10, 
United States Code. 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activities 
of the Deputy Director of Defense Research and Engineering (Test 
and Evaluation) in the direction and supervision of developmental 
test and evaluation, including performance and joint developmental 
testing and evaluation; and administrative expenses in connection 
therewith; $237,720,000, to remain available for obligation until 
September 30,1992. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith; $15,000,000, to remain available for obligation 
until September 30,1992. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
ARMY STOCK FUND 
For the Army stock fund; $376,520,000. 
104 STAT. 1872 
PUBLIC LAW 101-511—NOV. 5, 1990 
NAVY STOCK FUND 
For the Navy stock fund; $26,350,000. 
AIR FORCE STOCK FUND 
For the Air Force stock fund; $1,152,110,000. 
DEFENSE STOCK FUND 
For the Defense stock fund; $35,420,000. 
ARMY INDUSTRIAL FUND 
For the Army industrial fund; $151,100,000. 
NAVY INDUSTRIAL FUND 
For the Navy industrial fund; $238,700,000. 
DEFENSE INDUSTRIAL FUND 
For the Defense industrial fund; $4,000,000. 
TITLE 
VI 
OTHER 
DEPARTMENT 
OF 
DEFENSE 
APPROPRIATIONS 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of 
the Department of Defense Authorization Act, 1986, as follows: for 
Operation 
and 
maintenance, 
$159,100,000; for 
Procurement, 
$115,100,000 to remain available until September 30, 1993; for Re-
search, development, test and evaluation, $5,300,000 to remain avail-
able until September 30, 1992, only for cryofracture; for retrograde, 
$13,200,000 to remain available until September 30, 1992; In all: 
$292,700,000. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, $1,084,100,000; for transfer to appropriations avail-
able to the Department of Defense as follows: for Military Personnel 
of the reserve components serving under the provisions of title 10 
and title 32, United States Code, $105,500,000; for Operation and 
Maintenance, $585,600,000, of which $50,000,000 shall be available 
only for non-reimbursable support of Federal, State and local 
government agencies having counter-drug programs, and $1,000,000 
shall be available only for the Civil Air Patrol; for Procurement, 
$345,300,000, of which not less than $52,000,000 shall be available 
only for drug interdiction equipment for the reserve components; for 
Research, Development, Test and Evaluation, $47,700,000: Provided, 
That funds appropriated by this paragraph shall be available for 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1873 
obligation for the same period and for the same purpose as the 
appropriation to which transferred and the transfer authority pro-
vided in this paragraph is in addition to any other transfer author-
ity contained elsewhere in this Act: Provided further, That of the 
funds appropriated by this par^raph, not less than $28,000,000 
shall be available only for operation and maintenance expenses for 
the southwest border land-based aerostat drug surveillance pro-
gram, of which $14,000,000 shall be obligated not later than Novem-
ber 30, 1990: Provided further, 
That of the funds appropriated by 
this paragraph, $123,000,000 shall be available only for the National 
Foreign Intelligence Program. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, 
as amended, as follows: for Operation and maintenance, $98,519,000; 
for Procurement, $981,000; In all: $99,500,000: Provided, That the 
amount provided for Procurement shall remain available until 
September 30,1993. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELUGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $164,600,000. 
INTELLIGENCE COMMUNITY STAFF 
For necessary expenses of the Intelligence Community Staff; 
$28,900,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 8002. During the current fiscal year, provisions of law 
prohibiting the pa5anent of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, 
That salary increases 
granted to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed 
under the provisions of section 5332 of title 5, United States Code, or 
at a rate in excess of the percentsige increase provided by the 
appropriate host nation to its own employees, whichever is higher: 
Provided further. 
That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense in 
the Republic of the Philippines and foreign national employees of 
the Department of Defense in the Republic of Turkey: Provided 
further, That this section shall not apply to Department of Defense 
foreign service national employees serving at United States diplo-
matic missions whose pay is set by the Department of State under 
the Foreign Service Act of 1980. 
SEC. 8003. (a) Notwithstanding any other provision of law, funds 
appropriated under this Act for the Department of Defense shall be 
made available for the Overseas Workload Program: Provided, That 
a firm of any member nation of the North Atlantic Treaty Organiza-
10 u s e 1584 
note. 
10 u s e 1584 
note. 
Aliens. 
Government 
employees. 
Wages. 
Government 
employees. 
Government 
contracts. 
10 u s e 2341 
note. 
104 STAT. 1874 
PUBLIC LAW 101-511—NOV. 5, 1990 
Reports. 
Israel. 
Government 
contracts. 
Israel. 
Reports. 
tion (NATO) or of any major non-NATO ally or countries in the 
European Theater, shall be eligible to bid on any contract for the 
maintenance, repair, or overhaul of equipment of the Department of 
Defense to be awarded under competitive procedures as part of the 
program of the Department of Defense known as the Overseas 
Workload Program. 
(b) A contract awarded during fiscal year 1991, or thereafter, to a 
firm described in subsection (a) may be performed in the theater in 
which the equipment is normally located or in the country in which 
the firm is located. 
(c)(1) Not later than June 1, 1991, the Secretary of Defense shall 
submit to the Committees on Appropriations of the House and 
Senate a report on the nature of the maintenance, repair, and 
overhaul work of the Department of Defense performed under the 
program of the Department of Defense known as the Overseas 
Workload Program. 
(2) The report shall include the following: 
(A) a description of the categories of work performed under 
that program and the costs associated with those categories of 
work; 
(B) a description of the capabilities of facilities that United 
States firms have established in Europe to perform work under 
that program; 
(C) a description of the capabilities to perform work under 
that program by firms in the United States, Canada, and coun-
tries that are major non-NATO allies of the United States; 
(D) a description of the maintenance, repair, and overhaul 
work under that program that could be performed in the United 
States or Canada, or in a country that is a major non-NATO 
ally, on a cost-effective basis and without a significant adverse 
effect on the readiness of the Armed Forces of the United 
States; 
(E) a description of the Air Force plans to expand the Over-
seas Workload Program to other depot maintenance activities 
including: prime weapon systems, aircraft 
exchangeables, 
engine overhaul and repair, engine exchangeables and other 
major end items. 
(d) For purposes only of this section, Israel shall be considered in 
the European Theater in every respect, with its firms fully eligible 
for non-restrictive, non-discriminatory contract competition under 
the Overseas Workload Program. 
(e) The Secretary of Defense shall work with Israel to identify new 
specialized capabilities in depot maintenance and repair for which it 
is uniquely suited: Provided, That the Secretary of Defense shall 
report to the Committees on Appropriations of the House and 
Senate, not later than June 1,1991, on its findings. 
(f) No funds appropriated for the Overseas Workload Program for 
fiscal year 1991 shall be used for contracts awarded in fiscal year 
1991 which have not been opened for competition in a manner 
consistent with this provision. 
SEC. 8004. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein. 
SEC. 8005. No more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1875 
training of the Reserve Officers' Training Corps, or the National 
Board for the Promotion of Rifle Practice, Army. 
SEC. 8006. No part of any appropriation contained in this Act, 
except for small purchases in amounts not exceeding $25,000, shall 
be available for the procurement of any article or item of food, 
clothing, tents, tarpaulins, covers, cotton and other natural fiber 
products, woven silk or woven silk blends, spun silk yarn for car-
tridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, or wool (whether in the form of fiber or yarn or contained 
in fabrics, materials, or manufactured articles), or any item of 
individual equipment manufactured from or containing such fibers, 
yarns, fabrics, or materials, or specialty metals including stainless 
steel flatware, or hand or measuring tools, not grown, reprocessed, 
reused, or produced in the United States or its possessions, except to 
the extent that the Secretary of the Department concerned shall 
determine that satisfactory quality and sufficient quantity of any 
articles or items of food, individual equipment, tents, tarpaulins, 
covers, or clothing or any form of cotton or other natural fiber 
products, woven silk and woven silk blends, spun silk yarn for 
cartridge cloth, synthetic fabric or coated synthetic fabric, canvas 
products, wool, or specialty metals including stainless steel flatware, 
grown, reprocessed, reused, or produced in the United States or its 
possessions cannot be procured as and when needed at United States 
market prices and except procurements outside the United States in 
support of combat operations, procurements by vessels in foreign 
waters, and emergency procurements or procurements of perishable 
foods by establishments located outside the United States for the 
personnel attached thereto: Provided, That nothing herein shall 
preclude the procurement of specialty metals or chemical warfare 
protective clothing produced outside the United States or its posses-
sions when such procurement is necessary to comply with agree-
ments with foreign governments requiring the United States to 
purchase supplies from foreign sources for the purposes of offsetting 
sales made by the United States Government or United States firms 
under approved programs serving defense requirements or where 
such procurement is necessary in furtherance of agreements with 
foreign governments in which both governments agree to remove 
barriers to purchases of supplies produced in the other country or 
services performed by sources of the other country, so long as such 
agreements with foreign governments comply, where applicable, 
with the requirements of section 36 of the Arms Export Control Act 
and with section 2457 of title 10, United States Code: Provided 
further. That nothing herein shall preclude the procurement of 
foods manufactured or processed in the United States or its 
possessions. 
(TRANSFER OF FUNDS) 
SEC. 8007. Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to 
exceed $2,250,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) be-
tween such appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which transferred: 
Provided, That such authority to transfer may not be used unless for 
104 STAT. 1876 
PUBLIC LAW 101-511—NOV. 5, 1990 
higher priority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by Congress: 
Provided further. That the Secretary of Defense shall notify the 
Congress promptly of all transfers made pursuant to this authority 
or any other authority in this Act. 
Coal. 
Coal conversion 
program. 
Germany. 
Energy. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash balances in work-
ing capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That transfers may be 
made between such funds and to the "Foreign Currency Fluctua-
tions, Defense" appropriation account in such amounts as may be 
determined by the Secretary of Defense, with the approval of the 
Office of Management and Budget, except that such transfers may 
not be made unless the Secretary of Defense has notified the Con-
gress of the proposed transfer. Except in amounts equal to the 
amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to procure 
war reserve material inventory, unless the Secretary of Defense has 
notified the Congress prior to any such obligation. 
SEC. 8009. (a) None of the funds available to the Department of 
Defense in this Act shall be used by the Secretary of a military 
department to purchase coal or coke from foreign nations for use at 
United States defense facilities in Europe when coal from the 
United States is available. 
(b) None of the funds available to the Department of Defense in 
this Act shall be utilized for the conversion of heating plants from 
coal to oil or coal to natural gas at defense facilities in Europe, 
except as provided in section 2690 of title 10, United States Code, 
and thirty days after the Secretary of Defense has notified the 
Committees on Appropriations of the Senate and House of Rep-
resentatives: Provided, That this limitation shall apply to any 
authority granted pursuant to section 9008 of the Department of 
Defense Appropriations Act, 1990. 
(c) None of the funds available to the Department of Defense in 
this Act shall be used to enter into any agreement or contract to 
convert any heating facility at military installations in the 
Kaiserslautern Military Community (KMC) in the Federal Republic 
of Germany to district heat, direct natural gas, or other sources of 
fuel, except as provided in section 2690 of title 10, United States 
Code, and thirty days after the Secretary of Defense has notified the 
Committees on Appropriations of the Senate and House of Rep-
resentatives, and until the Secretary of the Air Force has (1) ensured 
that the United States coal industry has had the opportunity to 
provide thermal energy supply to the KMC facilities through 
participation in a competitive solicitation for proposals for a third-
party thermal energy supply, provided such solicitation allows 
evaluation of innovative technical proposals such as cogeneration to 
enhance the cost-effectiveness of coal derived thermal energy; (2) 
thoroughly evaluated the cost-effectiveness of all proposals received; 
(3) submitted evaluation results to the General Accounting Office for 
review; and (4) notified the Committees on Appropriations of the 
Senate and House of Representatives of the evaluation results. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1877 
SEC. 8010. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 days 
in advance to the Committees on Appropriations and Armed Serv-
ices of the Senate and House of Representatives. 
* 
SEC. 8011. No part of the funds in this Act shall be available to 
prepare or present a request to the Committees on Appropriations 
for reprogramming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which origi-
nally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress. 
SEC. 8012. None of the funds contained in this Act available for 
Health care. 
the Civilian Health and Medical Program of the Uniformed Services 
shall be available for payments to physicians and other authorized 
individual health care providers in excess of the amounts allowed in 
fiscal year 1990 for similar services, except that: (a) for services for 
which the Secretary of Defense determines an increase is justified 
by economic circumstances, the allowable amounts may be in-
creased in accordance with appropriate economic index data similar 
to that used pursuant to title XVIII of the Social Security Act; and 
(h) for services the Secretary determines are overpriced based on an 
analysis similar to that used pursuant to title XVIII of the Social 
Security Act, the allowable amounts shall be reduced by not more 
than 15 percent. The Secretary shall solicit public comment prior to 
promulgating regulations to implement this section. 
SEC. 8013. None of the funds appropriated by this Act for pro-
grams of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30,1992. 
SEC. 8014. None of the funds provided in this Act shall be 
available to initiate (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year 
of the contract or that includes an unfunded contingent liability in 
excess of $20,000,000, or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quan-
tity procurement in excess of $20,000,000 in any one year, unless the 
Committees on Appropriations and Armed Services of the Senate 
and House of Representatives have been notified at least thirty days 
in advance of the proposed contract award: Provided, That no part of 
any appropriation contained in this Act shall be available to initiate 
a multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation con-
tained in this Act shall be available to initiate multiyear procure-
ment contracts for any systems or component thereof if the value of 
the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procure-
ment contract can be terminated without 10-day prior notification to 
the Committees on Appropriations and Armed Services of the House 
of Representatives and the Senate: Provided further. That the execu-
tion of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procure-
ment. Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows: 
Line of Sight-Rear (Avenger)—Pedestal Mounted Stinger; 
Family of Medium Tactical Vehicles (FMTV); 
LCAC Landing Craft; 
104 STAT. 1878 
PUBLIC LAW 101-511—NOV. 5, 1990 
LHD Amphibious Ship; 
MK-45 Gun Mount/MK-6 Ammo Hoist; 
NAVSTAR Global Positioning SatelUte (GPS); 
* 
Defense Support Program Satellites 22 and 23. 
(TRANSFER OF FUNDS) 
SEC. 8015. None of the funds appropriated in this Act may be 
made available through transfer, reprogramming, or other means 
between the Central Intelligence Agency and the Department of 
Defense for any intelligence or special activity different from that 
previously justified to the Congress unless the Director of Central 
Intelligence or the Secretary of Defense has notified the House and 
Senate Appropriations Committees of the intent to make such funds 
available for such activity. 
SEC. 8016. None of the funds appropriated by this Act shall be 
available to convert a position in support of the Army Reserve, Air 
Force Reserve, Army National Guard, and Air National Guard 
occupied by, or programmed to be occupied by, a (civilian) military 
technican to a position to be held by a person in an active duty 
status or active Guard or Reserve status if that conversion would 
reduce the total number of positions occupied by, or programmed to 
be occupied by, (civilian) military technicans of the component 
concerned, below 71,823: Provided, That none of the funds appro-
priated by this Act shall be available to support more than 48,692 
positions in support of the Army Reserve, Army National Guard, or 
Air National Guard occupied by, or programmed to be occupied by, 
persons in an active Guard or Reserve status: Provided further, That 
none of the funds appropriated by this Act may be used to include 
(civilian) military technicans in computing civilian personnel ceil-
ings, including statutory or administratively imposed ceilings, on 
activities in support of the Army Reserve, Air Force Reserve, Army 
National Guard, or Air National Guard. 
SEC. 8016A. (a) The provisions of section 115(b)(2) of title 10, 
United States Code, shall not apply with respect to fiscal year 1991 
or with respect to the appropriation of funds for that year. 
(b) During fiscal year 1991, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal 
year shall not be subject to any constraint or limitation (known as 
an end-strength) on the number of such personnel who may be 
employed on the last day of such fiscal year. 
(c) The fiscal year 1992 budget request for the Department of 
Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1992 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard to 
fiscal year 1992. 
SEC. 8017. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8018. None of the funds appropriated by this Act shall be 
obligated for the pay of any individual who is initially employed 
after the date of enactment of this Act as a technician in the 
administration and training of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve unless such 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1879 
individual is also a military member of the Army Reserve troop 
program unit that he or she is employed to support. Those techni-
cians employed by the Army Reserve in areas other than Army 
Reserve troop program units need only be members of the Selected 
Reserve. 
SEC. 8019. None of the funds appropriated by this Act or hereafter 
shall be used to purchase dogs or cats or otherwise fund the use of 
dogs or cats for the purpose of training Department of Defense 
students or other personnel in surgical or other medical treatment 
of wounds produced by any type of weapon: Provided, That the 
standards of such training with respect to the treatment of animals 
shall adhere to the Federal Animal Welfare Law and to those 
prevailing in the civilian medical community. 
SEC. 8020. None of the funds available to the Department of 
Defense may be used for the floating storage of petroleum or 
petroleum products except in vessels of or belonging to the United 
States. 
SEC. 8021. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated 
pursuant to section 401 of title 10, United States Code, for humani-
tarian and civic assistance costs under chapter 20 of title 10, United 
States Code. Such funds may also be obligated for humanitarian and 
civic assistance costs incidental to authorized operations and pursu-
ant to authority granted in section 401 of chapter 20 of title 10, 
United States Code, and these obligations shall be reported to 
Congress on September 30 of each year: Provided, That funds avail-
able for operation and maintenance shall be available for providing 
humanitarian and similar assistance by using Civic Action Teams in 
the Trust Territories of the Pacific Islands and freely associated 
states of Micronesia, pursuant to the Compact of Free Association as 
authorized by Public Law 99-239: Provided further, That upon a 
determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at 
Army medical facilities located in Hawaii, the Secretary of the 
Army may authorize the provision of medical services at such 
facilities and transportation to such facilities, on a nonreimbursable 
basis, for not more than 250 civilian patients from American Samoa, 
the Commonwealth of the Northern Mariana Islands, the Marshall 
Islands, the Federated States of Micronesia, Palau, and Guam: 
Provided further, That of the funds appropriated under this Act to 
the Department of Defense, not to exceed $15,000,000 shall be made 
available to the Office of Humanitarian Assistance for immediate 
emergency airlift assistance. 
SEC. 8022. Notwithstanding any other provision of law, the Sec-
retaries of the Army and Air Force may authorize the retention in 
an active status until age sixty of any officer who would otherwise 
be removed from an active status and who is employed as a National 
Guard or Reserve technician in a position in which active status in a 
reserve component of the Army or Air Force is required as a 
condition of that employment. 
SEC. 8023. Funds available for operation and maintenance under 
this Act, may be used in connection with demonstration projects and 
other activities authorized by section 1092 of title 10, United States 
Code. 
SEC. 8024. (a) None of the funds appropriated by this Act, shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Animal welfare. 
10 u s e 2241 
note. 
Petroleum. 
10 u s e 401 note. 
Education. 
Hawaii. 
Health care. 
Territories. 
104 STAT. 1880 
PUBLIC LAW 101-511—NOV. 5, 1990 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of enactment of this Act: 
(1) enlists in the armed services for a period of active duty of 
less than three years; or 
(2) receives an enlistment bonus under section 308a or 308f of 
title 37, United States Code, 
nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the 
Treasury to the Secretary of Veterans Affairs pursuant to section 
2006(d) of title 10, United States Code; nor shall the Secretary of 
Veterans Affairs pay such benefits to any such member: Provided, 
That, in the case of a member covered by clause (1), these limitations 
shall not apply to members in combat arms skills or to members 
who enlist in the armed services on or after July 1, 1989, under a 
program continued or established by the Secretary of Defense in 
fiscal year 1991 to test the cost-effective use of special recruiting 
incentives involving not more than nineteen noncombat arms skills 
approved in advance by the Secretary of Defense: Provided further, 
That no contribution to the Fund pursuant to section 2006(g) shall 
be made during the current fiscal year that represents liabilities 
arising from the Department of the Army: Provided further, That 
this subsection applies only to active components of the Army. 
(b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by 
the Secretary of Veterans Affairs from the Department of Defense 
Education Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Provided, That 
this subsection shall not apply to those members who have re-
enlisted with this option prior to October 1, 1987: Provided further. 
That this subsection applies only to active components of the Army. 
Education. 
SEC. 8025. Funds appropriated in this Act shall be available for 
the payment of not more than 75 percent of the charges of a 
postsecondary educational institution for the tuition or expenses of 
an officer in the Ready Reserve of the Army National Guard or 
Army Reserve for education or training during his off-duty periods, 
except that no part of the charges may be paid unless the officer 
agrees to remain a member of the Ready Reserve for at least four 
years after completion of such training or education. 
SEC. 8026. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or func-
tion of the Department of Defense that, on or after the date of 
enactment of this Act, is performed by more than ten Department of 
Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function and 
certification of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate: Provided, 
That this section shall not apply to a commercial or industrial type 
function of the Department of Defense that: (1) is included on the 
procurement list established pursuant to section 2 of the Act of 
June 25, 1938 (41 U.S.C. 47), popularly referred to as the Wagner 
O'Day Act; (2) is planned to be converted to performance by a 
qualified nonprofit agency for the blind or by a qualified nonprofit 
agency for other severely handicapped individuals in accordance 
with that Act or (3) is planned to be converted to performance by a 
qualified firm under 51 percent Native American ownership. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1881 
SEC. 8027. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for procurement of 
120mm mortars or 120mm mortar ammunition manufactured out-
side of the United States: Provided, That this limitation shall not 
apply to procurement of such mortars or ammunition required for 
testing, evaluation, type classification or equipping the Army's 
Ninth Infantry Division (Motorized). 
SEC. 8028. None of the funds appropriated in this Act to the 
Department of the Army may be obligated for depot maintenance of 
equipment unless such funds provide for civilian personnel 
strengths 
at 
the 
Army 
depots 
performing 
communications-
electronics depot maintenance at an amount above the strengths 
assigned to those depots on September 30, 1985: Provided, That the 
foregoing limitation shall not apply to civilian personnel who per-
form caretaker-type functions at these installations: Provided fur-
ther. That nothing in this provision shall cause undue reductions of 
other Army depots, as determined by the Secretary of the Army. 
SEC. 8029. None of the funds appropriated or made available by 
this Act may be obligated for acquisition of major automated 
information systems which have not successfully completed over-
sight reviews required by Defense Department regulations: Pro-
vided, That none of the funds appropriated or made available by this 
Act may be obligated on Composite Health Care System acquisition 
contracts if such contracts would cause the total life cycle cost 
estimate of $1,600,000,000 expressed in fiscal year 1986 constant 
dollars to be exceeded. 
SEC. 8030. None of the funds provided by this Act may be used to 
pay the salaries of any person or persons who authorize the transfer 
of unobligated and deobligated appropriations into the Reserve for 
Contingencies of the Central Intelligence Agency. 
SEC. 8031. Funds appropriated by this Act for construction 
projects of the Central Intelligence Agency, which are transferred to 
another Agency for execution, shall remain available until ex-
pended. 
SEC. 8032. Notwithstanding any other provision of law, the Sec-
retary of the Navy may use funds appropriated to charter ships to 
be used as auxiliary minesweepers providing that the owner agrees 
that these ships may be activated as Navy Reserve ships with Navy 
Reserve crews used in training exercises conducted in accordance 
with law and policies governing Naval Reserve forces. 
SEC. 8033. None of the funds in this Act may be used to execute a 
contract for the Civilian Health and Medical Program of the Uni-
formed Services (CHAMPUS) Reform Initiative that exceeds the 
total fiscal year 1987 costs for CHAMPUS care provided in Califor-
nia and Hawaii, plus normal and reasonable adjustments for price 
and program growth. 
SEC. 8034. Funds appropriated or made available in this Act shall 
be obligated and expended to continue to fully utilize the facilities at 
the United States Army Engineer's Waterways Experiment Station, 
including the continued availability of the supercomputer capabil-
ity: Provided, That none of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
Armed Services and Appropriations Committees of Congress that 
such an acquisition must be made in order to acquire capability for 
national security purposes that is not available from United States 
manufacturers. 
104 STAT. 1882 
PUBLIC LAW 101-511—NOV. 5, 1990 
SEC. 8035. None of the funds provided in this Act shall be avail-
able for use by a Military Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Military Depart-
ment concerned plans to retire or otherwise dispose of within five 
years after completion of the modification: Provided, That this 
prohibition shall not apply to safety modifications. 
SEC. 8036. For the purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99-177) as amended by 
the Balanced Budget and Emergency Deficit Control Reaffirmation 
Act of 1987 (Public Law 100-119), the term program, project, and 
activity for appropriations contained in this Act shall be defined as 
the most specific level of budget items identified in the Department 
of Defense Appropriations Act, 1991, the accompanying House and 
Senate Committee reports, the conference report and accompanying 
joint explanatory statement of the managers of the Committee of 
Conference, the related classified annexes, and the P-1 and R-1 
budget justification documents as subsequently modified by Congres-
sional action: Provided, That the following exception to the above 
definition shall apply: 
For the Military Personnel and the Operation and Maintenance 
accounts, the term "program, project, and activity" is defined as the 
appropriations accounts contained in the Department of Defense 
Appropriations Act. 
SEC. 8037. Of the funds appropriated to the Army, $46,904,000 
shall be available only for the Reserve Component Automation 
System (RCAS): Provided, That none of these funds can be expended: 
(1) except as approved by the Chief of the National Guard 
Bureau; 
(2) unless RCAS resource management functions are per-
formed by the National Guard Bureau; 
(3) unless the RCAS contract source selection official is the 
Chief of the National Guard Bureau; 
(4) to pay the salary of an RCAS program manager who has 
not been selected and approved by the Chief of the National 
Guard Bureau and chartered by the Chief of the National 
Guard Bureau and the Secretary of the Army; 
(5) unless the Program Manager (PM) charter makes the PM 
accountable to the source selection official and fully defines his 
authority, responsibility, reporting channels and organizational 
structure; 
(6) to pay the salaries of individuals assigned to the RCAS 
program management office, source selection evaluation board, 
and source selection advisory board unless such organizations 
are comprised of personnel chosen jointly by the Chiefs of the 
National Guard Bureau and the Army Reserve; 
(7) to award a contract for development or acquisition of 
R(JAS unless such contract is competitively awarded under 
procedures of 0MB Circular A-109 for an integrated system 
consisting of software, hardware, and communications equip-
ment and unless such contract precludes the use of Government 
furnished equipment, operating systems, and executive and 
applications software; and 
(8) unless RCAS performs its own classified information 
processing. 
SEC. 8038. None of the funds provided for the Department of 
Defense in this Act may be obligated or expended for fixed price-
type contracts in excess of $10,000,000 for the development of a 
PUBLIC LAW 101-511-NOV. 5, 1990 
104 STAT. 1883 
major system or subsystem unless the Under Secretary of Defense 
for Acquisition determines, in writing, that program risk has been 
reduced to the extent that realistic pricing can occur, and that the 
contract type permits an equitable and sensible allocation of pro-
gram risk between the contracting parties: Provided, That the 
Under Secretary may not delegate this authority to any persons who 
hold a position in the Office of the Secretary of Defense below the 
level of Assistant Secretary of Defense: Provided further, That at 
least thirty days before making a determination under this section 
the Secretary of Defense will notify the Committees on Appropria-
tions of the Senate and House of Representatives in writing of his 
intention to authorize such a fixed price-type developmental con-
tract and shall include in the notice an explanation of the reasons 
for the determination. 
SEC. 8039. Monetary limitations on the purchase price of a pas-
senger motor vehicle shall not apply to vehicles purchased for 
intelligence activities conducted pursuant to Executive Order 12333 
or successor orders. 
SEC. 8040. Not to exceed $20,000,000 of the funds available to the 
Department of the Army during the current fiscal year may be used 
to fund the construction of classified military projects within the 
Continental United States, including design, architecture, and 
engineering services. 
SEC. 8041. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are 
manufactured in the United States from components which are 
substantially manufactured in the United States: Provided, That for 
the purpose of this section manufactured will include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process): Provided further. That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufac-
tured in the United States if the aggregate cost of the components 
produced or manufactured in the United States exceeds the aggre-
gate cost of the components produced or manufactured outside the 
United States: Provided further, That when adequate domestic sup-
plies are not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the service responsible for the 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations that such 
an acquisition must be made in order to acquire capability for 
national security purposes. 
(TRANSFER OF FUNDS) 
SEC. 8042. Notwithstanding any other provision of law, the 
Department of Defense may transfer prior year unobligated bal-
ances and funds appropriated in this Act to the operation and 
maintenance appropriations for the purpose of providing military 
technician and Department of Defense medical personnel pay and 
medical programs (including CHAMPUS) the same exemption from 
sequestration set forth in the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177) as amended by the 
Balanced Budget and Emergency Deficit Control Reaffirmation Act 
of 1987 (Public Law 100-119) as that granted the other military 
104 STAT. 1884 
PUBLIC LAW 101-511—NOV. 5, 1990 
personnel accounts: Provided, That any transfer made pursuant to 
any use of the authority provided by this provision shall be limited 
so that the amounts reprogrammed to the operation and mainte-
nance appropriations do not exceed the amounts sequestered under 
the Balanced Budget and Emergency Deficit Control Act of 1985 
(Public Law 99-177) as amended by the Balanced Budget and Emer-
gency Deficit Control Reaffirmation Act of 1987 (Public Law 100-
119): Provided further. That the authority to make transfers pursu-
ant to this section is in addition to the authority to make transfers 
under other provisions of this Act: Provided further. That the 
Secretary of Defense may proceed with such transfer after notifying 
the Appropriations Committees of the House of Representatives and 
the Senate twenty legislative days before any such transfer of funds 
under this provision. 
SEC. 8043. None of the funds available to the Department of the 
Navy may be used to enter into any contract for the overhaul, 
repair, or maintenance of any naval vessel homeported on the West 
Coast of the United States which includes charges for interport 
differential as an evaluation factor for award. 
Mental health 
SEC. 8044. None of the funds appropriated by this Act available for 
programs. 
^he Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) shall be available for the reimbursement of any health 
care provider for inpatient mental health service in excess of thirty 
days in any year, in the case of a patient nineteen years of age or 
older, forty-five days in any year in the case of a patient under 
nineteen years of age, or one hundred and fifty days in any year in 
the case of inpatient mental health services provided as residential 
treatment care, or for care received when a patient is referred to a 
provider of inpatient mental health care or residential treatment 
care by a medical or health care professional having an economic 
interest in the facility to which the patient is referred: Provided, 
That these limitations do not apply in the case of inpatient mental 
health services provided under the program for the handicapped 
under subsection (d) of section 1079 of title 10, United States Code, 
provided as partial hospital care, or provided pursuant to a waiver 
authorized by the Secretary of Defense because of medical or psycho-
logical circumstances of the patient that are confirmed by a health 
professional who is not a Federal employee after a review, pursuant 
to rules prescribed by the Secretary, which takes into account the 
appropriate level of care for the patient, the intensity of services 
required by the patient, and the availability of that care: Provided 
further. That the Secretary of Defense (after consulting with the 
other administering Secretaries) may prescribe separate payment 
requirements (including deductibles, copayments, and catastrophic 
limits) for the provision of mental health services to persons covered 
by this provision or section 1086 of title 10, United States Code. The 
payment requirements may vary for different categories of covered 
beneficiaries, by type of mental health service provided, and based 
on the location of the covered beneficiaries: Provided further. That 
except in the case of an emergency, the Secretary of Defense shall 
require preadmission authorization before inpatient mental health 
services may be provided to persons covered by this provision or 
section 1086 of title 10, United States Code. In the case of the 
provision of emergency inpatient mental health services, approval 
for the continuation of such services shall be required within 72 
hours after admission: Provided further. That not later than Feb-
ruary 1, 1991, the Secretary of Defense shall submit to the Congress 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1885 
a plan to reduce the costs incurred by the Department of Defense to 
provide mental health services under the Civilian Health and Medi-
cal Program of the Uniformed Services. The plan shall include a 
legislative proposal to implement the recommendation of the Sec-
retary: Provided further. That this provision shall take effect on 
February 15, 1991, and shall apply with respect to mental health 
services provided under section 1079 or 1086 of title 10, United 
States Code, on or after that date. 
SEC. 8045. None of the funds provided in this Act may be obligated 
or expended for the procurement of LANDSAT or SPOT remote 
sensing data except by the Defense Mapping Agency, in its role as 
primary action office for such purchases by Department of Defense 
agencies and military departments. 
SEC. 8046. The designs of the Army LH helicopter, the Navy 
Advanced Tactical Aircraft, the Air Force Advanced Tactical 
Fighter, and any variants of these aircraft, must incorporate Joint 
Integrated Avionics Working Group standard avionics specifications 
no later than 1998. 
(TRANSFER OF FUNDS) 
SEC. 
8047. Notwithstanding 
any 
other 
provision 
of law, 
$300,000,000 of the funds appropriated or made available in this Act 
shall be transferred to the United States Coast Guard, of which 
$295,000,000 shall be transferred to "Operating Expenses" and 
$5,000,000 shall be transferred to "Acquisition, Construction, and 
Improvement" for Coast Guard family housing. 
SEC. 8048. The Secretary of Defense shall take such action as 
necessary to assure that a minimum of 50 percent of the 
polyacrylonitrile (PAN) carbon fiber requirement be procured from 
domestic sources by 1992: Provided, That the annual goals to achieve 
this requirement be as follows: 15 percent of the total DOD require-
ment by 1988; 15 percent of the total DOD requirement by 1989; 20 
percent of the total DOD requirement by 1990; 25 percent of the 
total DOD requirement by 1991; and 50 percent of the total DOD 
requirement by 1992. 
SEC. 8049. Of the funds appropriated, reimbursable expenses in- 
Soviet Union, 
curred by the Department of Defense on behalf of the Soviet Union 
Treaties. 
in monitoring United States implementation of the Treaty Between 
the United States of America and the Union of Soviet Socialist 
Republics on the Elimination of Their Intermediate-Range or 
Shorter-Range Missiles ("INF Treaty"), concluded December 8,1987, 
may be treated as orders received and obligation authority for the 
applicable appropriation, account, or fund increased accordingly. 
Likewise, any reimbursements received for such costs may be cred-
ited to the same appropriation, account, or fund to which the 
expenses were charged: Provided, That reimbursements which are 
not received within one hundred and eighty days after submission of 
an appropriate request for payment shall be subject to interest at 
the current rate established pursuant to section 2(b)(1)(B) of the 
Export-Import Bank Act of 1945 (59 Stat. 526). Interest shall begin to 
accrue on the one hundred and eighty-first day following submission 
of an appropriate request for payment: Provided further. That funds 
appropriated in this Act may be used to reimburse United States 
military personnel for reasonable costs of subsistence, at rates to be 
determined by the Secretary of Defense, incurred while accompany-
ing Soviet Inspection Team members engaged in activities related to 
the INF Treaty: Provided further, That this provision includes only 
104 STAT. 1886 
PUBLIC LAW 101-511—NOV. 5, 1990 
Reports. 
Vietnam era 
POW's and 
MIA's. 
Hazardous 
waste. 
California. 
Reports. 
the in-country period (referred to in the INF Treaty) and is effective 
whether such duty is performed at, near, or away from an individ-
ual's permanent duty station. 
SEC. 8050. The total amount appropriated to or for the use of the 
Department of Defense by this Act is reduced by $180,000,000 to 
reflect savings resulting from the decreased use of consulting serv-
ices by the Department of Defense. The Secretary of Defense shall 
allocate the amount reduced in the preceding sentence and not later 
than March 1, 1991, report to the Senate and House Committees on 
Appropriations how this reduction was allocated among the Services 
and Defense Agencies: Provided, That this section does not apply to 
the reserve components: Provided further, That not more than 
$1,305,000,000 of the funds appropriated by this Act may be obli-
gated or expended for the procurement of advisory or assistance 
services by the Department of Defense. 
SEC. 8051. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an 
annual meeting in the United States, under such regulations as the 
Secretary of Defense may prescribe. 
SEC. 8052. (a) Within the funds made available to the Air Force 
under title II of this Act, the Air Force shall use such funds as 
necessary, but not to exceed $17,000,000, to execute the cleanup of 
uncontrolled hazardous waste contamination affecting the Sale 
Parcel at Hamilton Air Force Base, in Novato, in the State of 
California. 
(b) In the event that the purchaser of the Sale Parcel exercises its 
option to withdraw from the sale as provided in the Agreement, 
dated September 25, 1990, between the Department of Defense, the 
General Services Administration, and the purchaser, the pur-
chaser's deposit of $4,500,000 shall be returned by the General 
Services Administration and funds eligible for reimbursement under 
the Agreement and Modification shall come from the funds made 
available to the Department of Defense by this Act. 
(c) Notwithstanding any other provision of law, the Air Force 
shall be reimbursed for expenditures in excess of $15,000,000 in 
connection with the total clean-up of uncontrolled hazardous waste 
contamination on the aforementioned Sale Parcel from the proceeds 
collected upon the closing of the Sale Parcel. 
SEC. 8053. None of the funds available to the Department of 
Defense or Navy shall be obligated or expended to (1) implement 
Automatic Data Processing or Information Technology Facility 
consolidation plans, or (2) to make reductions or transfers in person-
nel end strengths, billets or missions that affect the Naval Regional 
Data Automation Center, the Enlisted Personnel Management 
Center, the Naval Reserve Personnel Center and related missions, 
functions and commands until sixty days after the Secretary of 
Defense submits a report to the Committees on Appropriations of 
the House and Senate justifying any transfer, reductions, or consoli-
dations in terms of (1) addressing the overall mission and operations 
staffing of all Naval Automatic Data Processing, Information Tech-
nology Facility, and Naval personnel functions for all active and 
reserve personnel commands and field activities and Automatic 
Data Processing commands and field activities; and (2) certifying 
that such reduction, transfer or consolidation plans or operations do 
not duplicate functions presently conducted; are cost effective from 
a budgetary standpoint; will not adversely affect the mission, readi-
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1887 
ness and strategic considerations of the Navy and Naval Reserve; 
and will not adversely impact on the quality of life and economic 
benefits of the individual serviceperson or have an adverse economic 
impact on a geographic area. 
SEC. 8054. None of the funds appropriated in this Act may be 
available for offshore procurement of second or third generation 
night vision image intensifier tubes and devices: Provided, That 
when adequate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis, the Secretary of the 
service responsible for the procurement may waive this restriction 
on a case-by-case basis by certif5dng in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes. 
SEC. 8055. None of the funds available to the Department of 
Defense, including expired appropriations and M account balances, 
may be used for the B-lB's ALQ-161A CORE program unless the 
Secretary of Defense has notified the Congress in advance of his 
intention to use funds for such purpose: Provided, That no funds 
available to the Department of Defense may be used for research, 
development, test, evaluation, installation, integration, or procure-
ment of an advanced radar warning receiver for the B-IB. 
SEC. 8056. (a) INDEMNIFICATION.—(1) The United States Air Force 
New Hampshire, 
shall, except as provided in paragraph (2), hold harmless, defend, 
and indemnify in full— 
(A) the State of New Hampshire; 
(B) any political subdivision of the State; and 
(C) the lenders, officers, agents and employees of the State or 
political subdivision of the State, 
from and against all suits, claims, demands or actions, liabilities, 
judgments, costs and attorney's fees arising out of, or in any manner 
predicated upon releases or threatened releases of hazardous sub-
stances, or pollutants or contaminants resulting from Department of 
Defense activities at Pease Air Force Base in New Hampshire. 
(2)(A) With respect to the State of New Hampshire and the 
lenders, officers, agents and employees of the State, to the extent the 
State or its lenders, officers, agents or employees caused or contrib-
uted to any such releases or threatened releases, paragraph (1) shall 
not apply. 
(B) With respect to any political subdivision of the State of New 
Hampshire and the lenders, officers, agents and employees of the 
political subdivision, to the extent the political subdivision or its 
lenders, officers, agents or employees caused or contributed to any 
such releases or threatened releases, paragraph (1) shall not apply. 
OJ) DEFINITIONS.—(1) As used in this section, the terms "hazardous 
substance," "facility," "pollutant or contaminant," "response," and 
"release" shall have the meanings provided in section 101 of the 
Comprehensive Environmental Response, Compensation and Liabil-
ity Act of 1980, as amended. 
(2) As used in this section, the term "lender" shall mean any 
person who, without participating in the management of the facility, 
holds indicia of ownership primarily to protect his security interest 
in a facility located at Pease Air Force Base in New Hampshire. 
(3) As used in this section, the terms "the State of New Hamp-
shire" and "the State" shall include the State's successors, assigns, 
transferees and lessees. 
104 STAT. 1888 
PUBLIC LAW 101-511—NOV. 5, 1990 
(4) As used in this section, the term "political subdivision of the 
State" shall include the political subdivision's successors, assigns, 
transferees and lessees. 
SEC. 8057. No funds appropriated by this Act may be obligated or 
expended to prepare, or to assist any contractor of the Department 
of Defense in preparing, any material, report, list, or analysis with 
respect to the actual'or projected economic or employment impact in 
a particular State or congressional district of an acquisition program 
for which all research, development, testing and evaluation has not 
been completed. 
SEC. 8058. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified and 
confirmed if otherwise in accordance with the provisions of this Act. 
SEC. 8059. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines: 
(a) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work, or 
0?) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source, or 
(c) where the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8060. None of the funds available to the Department of 
Defense in this Act shall be used to demilitarize or dispose of more 
than 310,784 unserviceable Ml Garand rifles and Ml Carbines. 
SEC. 8061. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 
50 percent of an amount paid to any person under section 308 of title 
37, United States Code, in a lump sum. 
SEC. 8062. Notwithstanding any other provision of law, funds 
available in this Act shall be available to the Department of Defense 
to grant civilian employees participating in productivity-based 
incentive award programs paid administrative time off in lieu of 
cash payment as compensation for increased productivity. 
SEC. 8063. None of the funds appropriated by this Act may be used 
by the Department of Defense to assign a supervisor's title or grade 
when the number of people he or she supervises is considered as a 
basis for this determination: Provided, That savings that result from 
this provision are represented as such in future budget proposals. 
Health care. 
SEC. 8064. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
shall be available for the payment of the expenses under the Pro-
gram for the first $150 of the charges for all types of care authorized 
under the provisions of section 1079(a) of title 10, United States 
Code, under plans contracted for under the provisions of section 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1889 
1079 or section 1086 of title 10, United States Code, and received in 
an outpatient status after April 1, 1991: Provided, That the fore-
going limitation shall not exceed the first $300 in the case of a 
family group of two or more persons covered by section 1079(a) of 
title 10, United States Code: Provided further, That higher deduct-
ible amounts and/or total or partial restrictions on the availability 
of care (other than emergency care) in facilities of the uniformed 
services may be prescribed by the Secretary of Defense in the case of 
beneficiaries eligible for enrollment under health care plans con-
tracted for under section 1097 of title 10, United States Code, who 
chose not to enroll in such plans: Provided further, That the provi-
sions of this section shall not apply in the case of dependents of 
military members in grades E-1 through E-4. 
SEC. 8065. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the fifty United States and the District of 
Columbia, 175,960 civilian workyears: Provided, That workyears 
shall be applied as defined in the Federal Personnel Manual: Pro-
vided further. 
That workyears expended in dependent student 
hiring programs for disadvantaged youth shall not be included in 
this workyear limitation. 
SEC. 8066. None of the funds appropriated by this or any other Act 
with respect to any fiscal year for the Navy may be used to carry out 
an electromagnetic pulse program in the Chesapeake Bay area in 
connection with the Electromagnetic Pulse Radiation Environment 
Simulator for Ships (EMPRESS II) program unless or until the 
Secretary of Defense certifies to the Congress that conduct of the 
EMPRESS II program is essential to the national security of the 
United States and to achieving requisite military capability for 
United States naval vessels, and that the economic, environmental, 
and social costs to the United States of conducting the EMPRESS II 
program in the Chesapeake Bay area are far less than the economic, 
environmental, and social costs caused by conducting the EMPRESS 
II program elsewhere. 
SEC. 8067. Notwithstanding any other provision of law, each con-
tract awarded by the Department of Defense in fiscal year 1991 for 
construction or service performed in whole or in part in a State 
which is not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unemployment as 
determined by the Secretary of Labor shall include a provision 
requiring the contractor to employ, for the purpose of performing 
that portion of the contract in such State that is not contiguous with 
another State, individuals who are residents of such State and who, 
in the case of any craft or trade, possess or would be able to acquire 
promptly the necessary skills: Provided, That the Secretary of De-
fense may waive the requirements of this section in the interest of 
national security. 
SEC. 8068. None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated fund activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States, unless such malt beverages and wine are procured in that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
Alcohol and 
alcoholic 
beverages. 
Inter-
governmental 
relations. 
10 u s e 2488 
note. 
104 STAT. 1890 
PUBLIC LAW 101-511—NOV. 5, 1990 
installation is located: Provided further. That such local procure-
ment requirements for malt beverages and wine shall apply to all 
alcoholic beverages for military installations in States which are not 
contiguous with another State: Provided further, That alcoholic 
beverages other than wine and malt beverages in contiguous States 
and the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
(TRANSFER OF FUNDS) 
SEC. 8069. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfer of funds: Provided, That the 
amounts transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period 
of the appropriation from which transferred: Provided 
further. 
That funds shall be transferred between the following appropria-
tions in the amounts specified: 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1987/1991": 
CG-47 cruiser program, $25,000,000; 
Strategic sealift program, $9,539,000; 
For craft, outfitting, and post delivery, $14,736,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1988/1992": 
CG-47 cruiser program, $110,000,000; 
LHD-1 amphibious assault ship program, $473,000; 
For craft, outfitting, and post delivery, $33,568,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1989/1993": 
For outfitting and post delivery, $11,344,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1990/1994": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$99,000,000; 
For craft, outfitting, post delivery, and ship special sup-
port equipment, $36,740,000; and 
Under the heading, "Other Procurement, Navy, 1990/1992", 
$21,000,000; 
Under the heading, "Aircraft Procurement, Navy, 1990/ 
1992", $10,600,000; and 
Under the heading, "Other Procurement, Navy, 1990/1992", 
$13,300,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1984/1988": 
SSN-688, 
nuclear 
attack 
submarine 
program, 
$23,800,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1985/1989": 
SSN-688, 
nuclear 
attack 
submarine 
program, 
$54,300,000; 
DDG-51, guided missile destroyer program, $41,700,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1986/1990": 
MSH coastal mine hunter program, $36,000,000; 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1891 
Under the heading, "Shipbuilding and Conversion, Navy, 
1987/1991": 
SSN-688 attack submarine program, $14,000,000; 
AOE fast combat support ship program, $13,300,000; 
AO conversion program, $3,600,000; 
T-AGOS ocean surveillance ship program, $2,700,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1989/1993": 
MHC coastal mine hunter program, $1,000,000; 
AOE combat support ship program, $8,700,000; 
T-AGOS surveillance ship program, $6,700,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1990/1994": 
Aircraft 
carrier 
service 
life 
extension 
program, 
$21,000,000; 
T-AGOS surveillance ship program, $28,800,000; 
AOE combat support ship program, $27,900,000; 
Oceanographic ship program, $36,100,000; 
MHC coastal mine hunter program, $55,100,000; 
For craft, outfitting, post delivery, and ship special sup-
port equipment, $10,600,000. 
SEC. 8070. The total amount appropriated to or for the use of the 
Department of Defense by this Act is reduced by $27,000,000. The 
Secretary of Defense shall allocate the amount of the reduction 
made by the preceding sentence in the procurement and research, 
development, test and evaluation accounts of the Army, Navy, Air 
Force, Marine Corps, and Defense Agencies as the Secretary deter-
mines appropriate to reflect savings resulting from increased use of 
discount air fares that (1) are granted by commercial air carriers for 
travel of Federal Government employees on official Government 
business under agreements entered into between the Administrator 
of General Services and such carriers, and (2) are available to 
contractor personnel traveling in connection with the performance 
of cost-reimbursable contracts awarded by the Department of 
Defense. 
SEC. 8071. (a) Of the amounts available to the Department of 
Education. 
Defense for fiscal year 1991, not less than $20,000,000 shall be 
available for National Defense Science and Engineering Graduate 
Fellowships to be awarded on a competitive basis by the Secretary of 
Defense to United States citizens or nationals pursuing advanced 
degrees in fields of primary concern and interest to the Department. 
03) Fellowships awarded pursuant to subsection (a) above shall not 
be restricted on the basis of the geographical locations in the United 
States of the institutions at which the recipients are pursuing the 
aforementioned advanced degrees. 
SEC. 8072. Notwithstanding any other provision of law, during the 
current fiscal year, the Secretary of Defense may acquire the modi-
fication, depot maintenance and repair of aircraft, vehicles and 
vessels as well as the production of components and other Defense-
related articles, through competition between Department of De-
fense depot maintenance activities and private firms: Provided, That 
the Secretary shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Management and Budget 
Circular A-76 shall not apply to competitions conducted under this 
section. 
104 STAT. 1892 
PUBLIC LAW 101-511—NOV. 5, 1990 
SEC. 8073. Of the funds appropriated by this Act, no more than 
$4,000,000 shall be available for the health care demonstration 
project regarding chiropractic care required by section 632(b) of the 
Department of Defense Authorization Act, 1985, Public Law 98-
525. 
SEC. 8074. None of the funds appropriated by this Act may be used 
to pay health care providers under the Civilian Health and Medical 
Program of the Uniformed Services (CHAMPUS) for services deter-
mined under the CHAMPUS Peer Review Organization (PRO) 
Program to be not medically or psychologically necessary. The 
Secretary of Defense may by regulation adopt any quality and 
utilization review requirements and procedures in effect for the 
Peer Review Organization Program under title XVIII of the Social 
Security Act (Medicare) that the Secretary determines necessary, 
and may adapt the Medicare requirements and procedures to the 
circumstances of the CHAMPUS PRO Program as the Secretary 
determines appropriate. 
SEC. 8075. For the purpose of increasing collections from third 
party payers of reasonable health care services costs incurred on 
behalf of retirees and dependents pursuant to section 1095 of title 
10, United States Code, net receipts from such collections shall be 
made available to the local facility of the uniformed services respon-
sible for the collections and shall be over and above the facility's 
direct budget amount: Provided, That for purposes of this section 
and section 1095, third party payers include: (a) Medicare supple-
mental insurance policy carriers, in which case the facility of the 
uniformed services shall be treated as if it were a Medicare-eligible 
provider and the services provided as if they were Medicare-covered 
services for policies issued after enactment of this Act; and Qo) 
automobile liability insurance carriers and no-fault insurance car-
riers, in which case, should tort liability be a basis for payment, the 
standards of the Federal Medical Care Recovery Act (42 U.S.C. 2651) 
shall apply. 
Wages. 
SEC. 8076. Such sums as may be necessary for fiscal year 1991 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 8077. (a) Of the funds made available by this Act in title III, 
Procurement, $8,000,000, drawn pro rata from each appropriations 
account in title III, shall be available for incentive payments au-
thorized by section 504 of the Indian Financing Act of 1974, 25 
U.S.C. 1544. These payments shall be available only to contractors 
which have submitted subcontracting plans pursuant to 15 U.S.C. 
637(d)(4)(B), and according to regulations which shall be promul-
gated by the Secretary of Defense within 90 days of the passage of 
this Act. 
(b) Section 201(2) of the Act entitled "An Act to prescribe penalties 
for certain acts of violence or intimidation, and for other purposes", 
approved April 11, 1968 (25 U.S.C. 1301(2)), is amended by adding at 
the end thereof the following: "means the inherent power of Indian 
tribes, hereby recognized and affirmed, to exercise criminal jurisdic-
tion over all Indians;". 
(c) Section 201 of such Act is amended (1) by deleting the period at 
the end of paragraph (3) and inserting in lieu thereof a semicolon 
and the word "and"; and (2) by adding at the end thereof the 
following: 
"(4) 'Indian' means any person who would be subject to the 
jurisdiction of the United States as an Indian under section 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1893 
1153, title 18, United States Code, if that person were to commit 
an offense listed in that section in Indian country to which that 
section applies.". 
(d) The effects of subsections (b) and (c) as those subsections affect 
25 USC 1301 
the criminal misdemeanor jurisdiction of tribal courts over non- 
note-
member Indians shall have no effect after September 30, 1991. 
SEC. 8078. None of the funds appropriated by this Act shall be 
available for payments under the Department of Defense contract 
with the Louisiana State University Medical Center involving the 
use of cats for Brain Missile Wound Research, and the Department 
of Defense shall not make payments under such contract from funds 
obligated prior to the date of the enactment of this Act, except as 
necessary for costs incurred by the contractor prior to the enact-
ment of this Act, and until thirty legislative days after the final 
General Accounting Office report on the aforesaid contract is 
submitted for review to the Committees on Appropriations in the 
House and Senate: Provided, That funds necessary for the care of 
animals covered by this contract are allowed. 
SEC. 8079. None of the funds provided in this Act or any other Act 
shall be available to conduct bone trauma research at the 
Letterman Army Institute of Research until the Secretary of the 
Army certifies that the synthetic compound to be used in the 
experiments is of such a type that its use will result in a significant 
medical finding, the research has military application, the research 
will be conducted in accordance with the standards set by an animal 
care and use committee, and the research does not duplicate re-
search already conducted by a manufacturer or any other research 
organization. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8080. (a) Upon the date of enactment of this Act, the balances 
lo USC 2241 
of any unobligated amount of an appropriation of the Department of 
note. 
Defense which has been withdrawn under the provisions of section 
1552(a)(2) of title 31, United States Code, the obligated balance of 
which has not been transferred pursuant to the provisions of section 
1552(a)(1) of title 31, United States Code, shall be restored to that 
appropriation. Thirty days following enactment of this Act all bal-
ances of unobligated funds withdrawn from any account of the 
Department of Defense under the provisions of section 1552(a)(2) of 
title 31, United States Code, prior to the enactment of this Act, 
(other than those restored pursuant to the provisions of this subsec-
tion) are cancelled. 
(b) During the current fiscal year and thereafter— 
(1) on the 3rd September 30th after enactment of this section, 
all obligated balances transferred under section 1552(a)(1) of 
title 31, United States Code; 
(2) on September 30th of the 5th fiscal year after the period of 
availability of an appropriation account of the Department of 
Defense available for obligation for a definite period ends or has 
ended, with respect to those accounts which, upon the date of 
enactment of this section have expired for obligation but whose 
obligated balances have not been transferred pursuant to the 
provisions of section 1552(a)(1) of title 31, United States Code; 
and 
(3) with respect to any appropriation account made available 
to the Department of Defense for an indefinite period against 
which no obligations have been made for two consecutive years 
104 STAT. 1894 
PUBLIC LAW 101-511—NOV. 5, 1990 
and upon a determination by the Secretary of Defense or the 
President that the purposes of such indefinite appropriation 
have been carried out, 
any remaining obligated or unobligated balance of such accounts are 
closed and thereafter shall not be available for obligation or 
expenditure for any purpose: Provided, That collections authorized 
to be credited to an account which were not credited to the account 
before it was closed shall be deposited in the Treasury as miscellane-
ous receipts: Provided further. That, without prior action by the 
Comptroller General but without relieving the Comptroller General 
of the duty to make decisions under any law or to settle claims and 
accounts, when an account is closed (including accounts covered by 
subsection (a) of this section) and currently applicable appropria-
tions of the Department of Defense are not chargeable, obligations 
and adjustments to obligations that would have been chargeable to 
an account prior to closing, may be chargeable to currently ap-
plicable appropriations of the Department of Defense available for 
the same purpose in amounts equal to one percent of the total 
appropriation for the current account or the amount of the original 
appropriation, whichever is less: Provided further. That after the 
end of the period of availability of an appropriation account avail-
able for a definite period and before closing of that account under 
this section such account shall be available for recording, adjusting, 
and liquidating obligations properly chargeable to such account in 
amounts not to exceed the unobligated expired balances of such 
Government 
appropriation: Provided further. That with respect to a change to a 
contracts. 
contract Under which the contractor is required to perform addi-
tional work, other than adjustments to pay claims or increases 
under an escalation clause (hereinafter referred to as a contract 
change), if such a charge for such a contract change with respect to 
a program, project or activity would cause the total amount of such 
obligations to exceed $4,000,000 in any single fiscal year for a 
program, project, or activity, the obligation may only be made if the 
obligation is approved by the Secretary of Defense or, if such a 
change would cause the total amount of such obligations to exceed 
$25,000,000 in any single fiscal year for a program, project or 
activity, the obligation may be made only after 30 days have elapsed 
after the Secretary of Defense submits to the Committees on Appro-
priations and Armed Services of the Senate and the House of 
Representatives a notice of the intention to obligate such funds, 
together with the legal basis and the policy reasons for making such 
an obligation. 
(c) The provisions of this section shall apply to any appropriation 
account now or hereafter made unless the appropriation Act for that 
account specifically provides for an extension of the availability of 
such account and provides an exception to the five year period of 
availability for recording, adjusting and liquidating obligations prop-
erly chargeable to that account. 
10 use 2687 
SEC. 8081. The Secretary of Defense shall include in any base 
note. 
closure and realignment plan submitted to Congress after the date 
of enactment of this Act, a complete review for the five year period 
beginning on October 1, 1990, which shall include expected force 
structure and levels for such period, expected installation require-
ments for such period, a budget plan for such period, the cost 
savings expected to be realized through realignments and closures of 
military installations during such period, an economics model to 
identify the critical local economic sectors affected by proposed 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1895 
closures and realignments of military installations and an assess-
ment of the economic impact in each area in which a military 
installation is to be realigned or closed. 
SEC. 8082. None of the funds appropriated in this Act shall be used 
to reduce the fiscal year 1991 2.5- or 5-ton truck maintenance 
workload at Letterkenny Army Depot as a direct result of either the 
proposed consolidation of truck maintenance or an increase in fiscal 
year 1991 truck maintenance at any other depot; neither shall funds 
be available for transfer of towed and self-propelled artillery 
maintenance from Letterkenny Army Depot. 
SEC. 8083. No more than $50,000 of the funds appropriated or 
made available in this Act shall be used for any single relocation of 
an organization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Provided, That 
the Secretary of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appropriations 
of the House of Representatives and Senate that such a relocation is 
required in the best interest of the Government: Provided further, 
That no funds appropriated or made available in this Act shall be 
used for the relocations into the National Capital Region of the 
acquisition function of the Special Operations Command and the Air 
Force Office of Medical Support located at Brooks Air Force Base. 
SEC. 8084. None of the funds appropriated in this Act shall be used 
Guam. 
to produce more than two-thirds of the liquid gas requirements in-
house at Andersen Air Force Base on Guam. At least one-third of 
Andersen Air Force Base's liquid gas requirements shall be met by 
acquiring liquid gas from commercial sources on Guam. 
SEC. 8085. None of the funds in this Act shall be used to reduce the 
end strength and force structure of the reserve components of the 
Department of Defense below the levels funded in this Act: Pro-
vided, That the Secretary of Defense may waive this restriction on a 
case-by-case bsisis by certifying in writing to the Committees on 
Appropriations that such a reduction is required for national secu-
rity purposes. 
SEC. 8086. Funds appropriated or otherwise available for any 
Federal agency, the Congress, the judicial branch, or the District of 
Columbia for the fiscal year ending September 30, 1991, may be 
used for the pay, allowances, and benefits of an employee as defined 
by section 2105 of title 5 or an individual employed by the govern-
ment of the District of Columbia, permanent or temporary indefi-
nite, who— 
(1) is a member of a Reserve component of the armed forces, 
as described in section 261 of title 10, or the National Guard, as 
described in section 101 of title 32; 
(2) performs, for the purpose of providing military aid to 
enforce the law or providing assistance to civil authorities in the 
protection or saving of life or property or prevention of injury— 
(A) Federal service under section 331, 332, 333, 3500, or 
8500 of title 10, or other provision of law, as applicable, or 
(B) full-time military service for his State, the District of 
Columbia, the Commonwealth of Puerto Rico, or a territory 
of the United States; and 
(3) requests and is granted— 
(A) leave under the authority of this section; or 
(B) annual leave, which may be granted without regard to 
the provisions of sections 5519 and 6323(b) of title 5, if such 
employee is otherwise entitled to such annual leave: 
104 STAT. 1896 
PUBLIC LAW 101-511—NOV. 5, 1990 
10 u s e 2113 
note. 
10 u s e 113 note. 
Energy 
conservation. 
Reports. 
President. 
Uranium. 
50 u s e 98e note. 
Provided, That any employee who requests leave under subsection 
(3)(A) for service described in subsection (2) of this section is entitled 
to such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, and such leave shall be consid-
ered leave under section 6323(b) of title 5. 
SEC. 8087. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of 
OMB Circular A-76 if the study being performed exceeds a period of 
twenty-four months after initiation of such study with respect to a 
single function activity or forty-eight months after initiation of such 
study for a multi-function activity: Provided, That this prohibition 
shall begin six months after the date of enactment of this Act for 
presently ongoing studies. 
SEC. 8088. None of the funds appropriated by this Act shall be 
used to begin closing a military treatment facility unless the Sec-
retary of Defense notifies the Committees on Appropriations of the 
House of Representatives and the Senate ninety days prior to such 
action. 
(TRANSFER OF FUNDS) 
SEC. 8089. Of the funds appropriated or made available to the 
Department of Defense in this Act, $30,000,000 shall be transferred 
to the Department of Energy solely for the final decontamination 
and decommissioning of the Nuclear Fuel Facility, Apollo, Penn-
sylvania, by January 1993, to meet the National Regulatory 
Commission's limits for unrestricted use: Provided, That these funds 
shall remain available until expended. 
SEC. 8090. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national or 
international political or psychological activities. 
SEC. 8091. Notwithstanding any other provision of law, all author-
ity of the Board of Regents of the Uniformed Services University of 
the Health Sciences is hereby transferred to the Secretary of De-
fense, and the Board hereafter shall be an advisory board to the 
Secretary of Defense. 
SEC. 8092. Notwithstanding any other provision of law, after 
June 1, 1991, where cost effective, all Department of Defense soft-
ware shall be written in the programming language Ada, in the 
absence of special exemption by an official designated by the Sec-
retary of Defense. 
SEC. 8093. Notwithstanding any other provision of law or regula-
tion, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 4107(g) of title 38, 
United States Code. 
SEC. 8094. The Secretary of Defense shall issue directives promot-
ing energy conservation in all peace-time activities of the Depart-
ment of Defense identifying specific priority initiatives to reduce 
energy consumption: Provided, That specific personnel incentives 
shall be established to promote and encourage energy conservation: 
Provided further. That the Department of Defense shall report to 
Congress no later than April 30, 1991 on its plan to reduce energy 
consumption during fiscal year 1991, progress in implementing the 
plan, projected timetable for completing the plan, and the savings 
that will result from these actions. 
SEC. 8095. Using funds available in the National Defense Stockpile 
Transaction Fund, the President shall acquire over a period of ten 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1897 
years from current domestic sources not less than thirty-six million 
pounds of depleted uranium to be held in the National Defense 
Stockpile. 
SEC. 8096. None of the funds appropriated by this Act shall be 
obligated to fund more than 95,000 permanent change of station 
moves of active military personnel ashore to Europe: Provided, That 
this limitation may be waived by the Secretary of Defense for 
national security considerations after notifying the Committees on 
Appropriations of the House of Representatives and the Senate. 
SEC. 8097. None of the funds available to the Department of 
Defense shall be used for the training or utilization of psychologists 
in the prescription of drugs, except pursuant to the findings and 
recommendations of the Army Surgeon General's Blue Ribbon 
Panel as specified in its February and August 1990 meeting minutes: 
Provided, That this training will be performed at Walter Reed Army 
Medical Center. 
SEC. 8098. None of the funds appropriated by this Act shall be 
used to reduce the military and civilian work force at any military 
medical facility or medical support facility below the level main-
tained or authorized for fiscal year 1990: Provided, That the 
foregoing limitation shall not apply to any facility located at an 
installation scheduled for closure or realignment pursuant to the 
provisions of the Base Closure and Realignment Act (Public Law 
100-526; 102 Stat. 2623). 
(TRANSFER OF FUNDS) 
SEC. 8099. (a) From funds appropriated in this Act, such amounts 
as may be necessary, but not to exceed $5,000,000 shall be made 
available only for a project for the design and construction of a 
parliament building in the Solomon Islands, such project to be 
carried out so as to be completed not later than November 1993. 
Funds for such project shall be identified and made available to the 
Secretary of the Navy not later than 60 days after the date of the 
enactment of this Act. 
(b) Notwithstanding any other provision of law, from the funds 
appropriated in this Act, $5,000,000 to remain available until ex- 
^ 
pended, shall be made available to the Secretary of the Army no 
later than sixty days after enactment of this Act, to be used by the 
Chief of Engineers only for the repair, improvement, and construc-
tion of port facilities and harbor improvements, including dredging, 
at the islands of Ofu and Ta'u in the Territory of American Samoa. 
SEC. 8100. Clauses (2) and (3) of section 7308(c) of title 10, United 
States Code, shall not apply with respect to the transfer by the 
Secretary of the Navy under section 7308(a) of such title of the 
obsolete destroyer U.S.S. Turner Joy to the Bremerton Historic 
Ships Association for use by the Association as a Navy museum and 
memorial. 
SEC. 8101. Of the funds appropriated in fiscal year 1989 under the 
heading, "Aircraft Procurement, Navy", $200,000,000 shall be made 
available to the Department of the Navy for obligation for the V-22 
Osprey tilt-rotor aircraft program. 
39-194 O - 91 - 18 : QL 3 Part 3 
104 STAT. 1898 
PUBLIC LAW 101-511—NOV. 5, 1990 
(RESCISSIONS) 
SEC. 8102. Of the funds provided in Department of Defense Appro-
priations Acts, the following funds are hereby rescinded from the 
following accounts in the specified amounts: 
Aircraft procurement, Army, 1990/1992, $15,300,000; 
Missile procurement. Army, 1990/1992, $171,846,000; 
Procurement of weapons and tracked combat vehicles, Army, 
1989/1991, $25,808,000; 
Procurement of ammunition. Army, 1989/1991, $72,000,000; 
Procurement of ammunition. Army, 1990/1992, $18,000,000; 
Other procurement. Army, 1989/1991, $24,100,000; 
Other procurement. Army, 1990/1992, $11,000,000; 
Weapons procurement. Navy, 1990/1992, $88,205,000; 
Other procurement. Navy, 1989/1991, $9,400,000; 
Other procurement, Navy, 1990/1992, $7,500,000; 
Procurement, Marine Corps, 1989/1991, $7,000,000; 
Procurement, Marine Corps, 1990/1992, $62,300,000; 
Aircraft procurement. Air Force, 1989/1991, $8,400,000; 
Aircraft procurement. Air Force, 1990/1992, $43,900,000; 
Missile procurement. Air Force, 1989/1991, $53,968,000; 
Missile procurement. Air Force, 1990/1992, $162,613,000; 
Other procurement. Air Force, 1989/1991, $1,800,000; 
Other procurement. Air Force, 1990/1992, $15,000,000. 
SEC. 8103. None of the funds made available to the Department of 
Defense in this Act may be obligated or expended for the Ground-
Wave Emergency Network (GWEN) System, until (1) the Secretary 
of Defense provides for the conduct of an independent study of such 
system on the health effects and environmental impact of the 
Reports. 
system on surrounding local jurisdictions; and (2) a report contain-
ing the results of such study, together with the Secretary's com-
ments and recommendations concerning the report, has been 
submitted to the Congressional Defense Committees and a period of 
15 days has elapsed after the report is received. 
(INCLUDING TRANSFER OF FUNDS) 
50 use 401 note. 
SEC. 8104. SECTION 1. This section establishes the National 
Commission on Defense and National Security. 
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) Recent revolutionary world events require a fundamental 
reassessment of the defense and national security policies of the 
United States. 
(2) Emerging democracies around the world will require 
political, technical, and economic assistance, as well as military 
assistance, from the developed free nations in order to thrive 
and to become productive members of the world community. 
(3) Real and potential military threats to the United States 
and its allies will continue to exist for the foreseeable future 
from not just the Soviet Union but also from terrorism and from 
Third World nations. 
(4) Proliferation of both sophisticated conventional weapons 
and of nuclear weapons could produce a world more dangerous 
than we have faced in the past. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1899 
(5) Ethnic rivalries as well as economic inequalities may 
produce instabilities that could spark serious conflict. 
(6) In order to formulate coherent national policies to meet 
these challenges of a new world environment, it is essential for 
the United States to achieve a bipartisan consensus such as 
that which emerged following World War II. 
(7) Such a consensus can be fostered by the development of 
policy recommendations from a highly respected group of 
individuals who do not bear a partisan label and who possess 
critical expertise and experience. 
SEC. 3. ESTABLISHMENT. 
There is established a commission to be known as National 
Commission on Defense and National Security (hereinafter in this 
Act referred to as the "Commission"). 
SEC. 4. DUTIES OF COMMISSION. 
(a) IN GENERAL.—The Commission shall analyze and make rec-
ommendations to the President and Congress concerning the na-
tional security and national defense policies of the United States. 
(b) MATTERS TO BE ANALYZED.—Matters to be analyzed by 
the 
Commission shall include the following: 
(1) The world-wide interests, goals, and objectives of the 
United States that are vital to the national security of the 
United States. 
(2) The political, economic, and military developments around 
the world and the implications of those developments for United 
States national security interests, including— 
(A) the developments in Eastern Europe and the Soviet 
Union; 
(B) the question of German unification; 
(C) the future of NATO and European economic integra-
tion; 
(D) the future of the Pacific Basin; and 
' 
(E) potential instability resulting from regional conflicts 
or economic problems in the developing world. 
(3) The foreign policy, world-wide commitments, and national 
defense capabilities of the United States necessary to deter 
aggression and implement the national security strategy of the 
United States, including the contribution that can be made by 
bilateral and multilateral political and economic associations in 
promoting interests that the United States shares with other 
members of the world community. 
(4) The proposed short-term uses of the political, economic, 
military, and other elements of national power for the United 
States to protect or promote the interests and to achieve the 
goals and objectives referred to in paragraph (1). 
(5) Long-term options that should be considered further for a 
number of potential courses of world events over the remainder 
of the century and into the next century. 
SEC. 5. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed of 10 members, £is follows: 
(1) Three appointed by the President. 
(2) Three appointed by the Speaker of the House of Represent-
atives. 
104 STAT. 1900 
PUBLIC LAW 101-511—NOV. 5, 1990 
(3) One appointed by the minority leader of the House of 
Representatives. 
(4) Two appointed by the majority leader of the Senate. 
(5) One appointed by the minority leader of the Senate. 
(b) QuAUFiCATiONS.—Pcrsons appointed to the Commission shall 
be persons who are not officers or employees of the Federal Govern-
ment (including Members of Congress) and who are specially 
qualified to serve on the Commission by virtue of their education, 
training, or experience. 
(c) TERMS.—Members shall be appointed for the life of the 
Commission. A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made. 
(d) BASIC PAY.—Members of the Commission shall serve without 
pay. 
(e) QUORUM.—A majority of the members of the Commission shall 
constitute a quorum, but a lesser number may hold hearings. 
(f) CHAIRMAN AND VICE CHAIRMAN.—The Chairman 
of 
the 
Commission shall be designated by the President from among the 
members appointed by the President. The Vice Chairman of the 
Commission shall be designated by the Speaker of the House of 
Representatives from among the members appointed by the 
Speaker. 
(g) MEETINGS.—The Commission shall meet at the call of the 
Chairman or a majority of its members. 
(h) DEADUNE FOR APPOINTMENTS.—Members of the Commission 
shall be appointed not later than the end of the 30-day period 
beginning on the date of the enactment of this Act. 
SEC. 6. REPORTS. 
(a) INITIAL REPORT.—The Commission shall transmit to the Presi-
dent and to Congress an initial report not later than six months 
after the date on which the Commission is first constituted with a 
quorum. 
(h) SUBSEQUENT ANNUAL REPORTS.—The Commission shall trans-
mit to the President and to Congress an annual report for each of 
the first five years following the submission of the initial report 
under subsection (a). Each such report shall update the previous 
report under this section. 
(c) CONTENTS OF REPORTS.—Each report under this section shall 
contain a detailed statement of the findings and conclusions of the 
Commission concerning the matters to be studied by the Commis-
sion under section 4, together with its recommendations for such 
legislation and administrative actions as it considers appropriate. 
Each such report shall include a comprehensive description and 
discussion of the matters set forth in section 4. 
(d) REPORTS TO BE UNCLASSIFIED.—Each such report shall be 
submitted in unclassified form. 
(e) ADDITIONAL AND MINORITY VIEWS.—Each report may include 
such additional and minority views as individual members of the 
Commission may request be included. 
SEC. 
7. 
DIRECTOR AND STAFF 
OF COMMISSION; EXPERTS AND 
CONSULTANTS. 
(a) DIRECTOR.—The Commission shall, without regard to section 
5311(b) of title 5, United States Code, have a Director who shall be 
appointed by the Chairman and who shall be paid at a rate not to 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1901 
exceed the maximum rate of basic pay payable for GS-18 of the 
General Schedule. 
(b) STAFF.—The Chairman may appoint and fix the pay of such 
additional personnel £is the Chairman considers appropriate. 
(c) APPLICABIUTY OF CERTAIN CIVIL SERVICE LAWS.—The Director 
and staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and General Schedule pay rates, 
except that no individual so appointed may receive pay in excess of 
the annual rate of basic pay payable for GS-18 of the General 
Schedule. 
(d) EXPERTS AND CONSULTANTS.—Subject to such rules as may be 
prescribed by the Commission, the Chairman may procure tem-
porary and intermittent services under section 3109(b) of title 5 of 
the United States Code, but at rates for individuals not to exceed the 
daily equivalent of the maximum annual rate of basic pay payable 
for GS-18 of the General Schedule. 
(e) STAFF OF FEDERAL AGENCIES.—Upon request of the Commis-
sion, the head of any Federal agency may detail, on a reimbursable 
basis, any of the personnel of such agency to the Commission to 
assist the Commission in carrying out its duties under this Act. 
SEC. 8. POWERS OF COMMISSION. 
(a) HEARINGS AND SESSIONS.—The Commission may, for the pur-
pose of carrying out this Act, hold such hearings, sit and act at 
such times and places, take such testimony, and receive such 
evidence, as the Commission considers appropriate. 
(b) POWERS OF MEMBERS AND AGENTS.—Any member or agent of 
the Commission may, if so authorized by the Commission, take any 
action which the Commission is authorized to take by this section. 
(c) OBTAINING OFFICIAL DATA.—The Commission may secure di-
rectly from any department or agency of the United States informa-
tion necessary to enable it to carry out this Act. Upon request of the 
Chairman of the Commission, the head of such department or 
agency shall furnish such information to the Commission. 
(d) GIFTS.—The Commission may accept, use, and dispose of gifts 
or donations of services or property. 
(e) MAILS.—The Commission may use the United States mails in 
the same manner and under the same conditions as other depart-
ments and agencies of the United States. 
(f) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of 
General Services shall provide to the Commission on a reimbursable 
basis such administrative support services as the Commission may 
request. 
SEC. 9. INITIAL FUNDING OF COMMISSION. 
If funds are not otherwise available for the necessary expenses of 
the Commission for fiscal year 1991, the Secretary of Defense shall 
make available to the Commission, from funds available to the 
Secretary for the fiscal year concerned, such funds as the Commis-
sion requires. When funds are specifically appropriated for the 
expenses of the Commission, the Commission shall reimburse the 
Secretary from such funds for any funds provided to it under the 
preceding sentence. 
104 STAT. 1902 
PUBLIC LAW 101-511—NOV. 5, 1990 
10 u s e 113 note. 
S E C . 8105. CONTRIBUTIONS BY J A P A N TO THE SUPPORT OF UNITED 
STATES FORCES IN JAPAN.— 
(a) PERMANENT CEILING ON UNITED STATES ARMED FORCES IN 
JAPAN.—After September 30, 1990, funds appropriated pursuant to 
an appropriation contained in this Act or any subsequent Act may 
not be used to support an end strength level of all personnel of the 
Armed Forces of the United States stationed in Japan at any level 
in excess of 50,000. 
03) ANNUAL REDUCTION IN CEILING UNLESS SUPPORT FURNISHED.— 
Unless the President certifies to Congress before the end of each 
fiscal year that Japan has agreed to offset for that fiscal year the 
direct costs incurred by the United States related to the presence of 
all United States military personnel in Japan, excluding the mili-
tary personnel title costs, the end strength level for that fiscal year 
of all personnel of the Armed Forces of the United States stationed 
in Japan may not exceed the number that is 5,000 less than such 
end strength level for the preceding fiscal year. 
(c) SENSE OF CONGRESS.—It is the sense of Congress that all those 
countries that share the benefits of international security and stabil-
ity should share in the responsibility for that stability and security 
commensurate with their national capabilities. The Congress also 
recognizes that Japan has made a substantial pledge of financial 
support to the effort to support the United Nations Security Council 
resolutions on Iraq. The Congress also recognizes that Japan has a 
greater economic capability to contribute to international security 
and stability than any other member of the international commu-
nity and wishes to encourage Japan to contribute commensurate 
with that capability. 
(d) EXCEPTIONS.—(1) This section shall not apply in the event of a 
declaration of war or an armed attack on Japan. 
(2) The President may waive the limitation in this section for any 
fiscal year if he declares that it is in the national interest to do so 
and immeditely informs Congress of the waiver and the reasons for 
the waiver. 
(e) EFFECTIVE DATE.—This section shall take effect on the date of 
enactment of this Act. 
SEC. 8106. Notwithstanding any other provision of this Act, the 
Operation and Maintenance accounts and revolving and manage-
ment funds shall be reduced by $400,000,000 to reduce inapplicable 
inventories. 
SEC. 8107. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions to the Johnston Atoll for the 
purpose of storing or demilitarizing such munitions. 
0?) The prohibition in subsection (a) shall not apply to: 
(1) any chemical munition withdrawn from the Federal 
Republic of Germany under a European retrograde program; or 
(2) any obsolete World War II chemical munition of the 
United States found in the World War II Pacific Theater of 
Operations. 
(c) The provisions of subsection 0))(1) shall not be construed to 
supersede or otherwise affect the decision of any court relating to 
the authority of the President or Secretary of Defense under any 
other law to transport chemical munitions to Johnston Atoll for 
demilitarization or to store or use Johnston Atoll for the demili-
tarization or storage of chemical munitions withdrawn from the 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1903 
Federal Republic of Germany under a European 
retrograde 
program. 
(d) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party. 
(TRANSFER OF FUNDS) 
SEC. 8108. In addition to the amounts appropriated or otherwise 
made available in this Act, $1,000,000,000 is appropriated for the 
modernization and expansion of automated data processing systems: 
Provided, That the Secretary of Defense shall, upon determining 
that such funds are necessary and further the objectives of the 
Corporate Information 
Management 
Initiative, transfer 
such 
amounts as necessary to the appropriate operation and maintenance 
appropriations provided in title II of this Act to be merged with and 
to be available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
obligation and expenditure of these funds are subject to the review 
and approval of the Corporate Information Management Executive 
Level Group: Provided further, That this transfer authority shall be 
in addition to any other transfer authority contained in this Act. 
SEC. 8109. None of the funds available in this or any other Act 
shall be available for the preparation of further studies on the 
feasibility of removal and transportation of unitary chemical weap-
ons from the eight chemical storage sites within the continental 
United States. This prohibition does not apply to studies needed for 
environmental analyses required by the National Environmental 
Policy Act. 
SEC. 8110. (a) Notwithstanding any other provision of law, funds 
made available to the Department of Defense in fiscal year 1991 and 
thereafter, shall be used to establish and maintain as part of the 
wartime energy reserve of the United States, a stockpile in Israel for 
petroleum fuels of military utility equal to 4,500,000 barrels. 
Qy) The stockpile referred to in subsection (a) shall be— 
(1) configured to meet the wartime needs and combined mili-
tary training requirements of the United States and Israel, and 
(2) owned by the United States and operated jointly by the 
United States Department of Defense and Israel. 
(c) In the event of a wartime emergency or a state of heightened 
military readiness on the part of Israel, the President of the United 
States may direct that Israel be permitted to draw upon all or part 
of the stockpile of petroleum product referred to in subsection (a), if 
the President— 
(1) determines it is in the national interest of the United 
States, and 
(2) so reports to Congress in accordance with section 652 of the 
Foreign Assistance Act of 1961 as amended. 
(d) Negotiations, leading to an agreement by July 30, 1991, shall 
begin immediately to bring the fuel stockpile referred to in subsec-
tion (a) to full operational readiness no later than September 30, 
1993. 
(e) For purposes of this section, the term "petroleum product" 
shall refer to all petroleum, oils and lubricants required for military 
operations. 
(f) The provisions of this section are effective immediately upon 
the enactment of this Act. 
104 STAT. 1904 
PUBLIC LAW 101-511—NOV. 5, 1990 
10 u s e 114 note. 
Reports. 
Israel. 
Aircraft. 
SEC. 8111. (a) The Classified Annex prepared by the Committee of 
Conference to accompany the conference report on the bill H.R. 5803 
of the One Hundred First Congress and transmitted to the President 
shall have the force and effect of law as if enacted into law. 
(b) The amounts specified in the Classified Annex are not in 
addition to the amounts appropriated by other provisons of this Act. 
(c) The President shall provide for appropriate distribution of the 
Classified Annex or of appropriate portions of the Annex, within the 
executive branch of the Government. 
SEC. 8112. Of the funds made available in this Act, not less than 
$7,475,000 shall be available for the Civil Air Patrol. 
SEC. 8113. Funds made available under this Act to the Air Force 
for "Operation and Maintenance" may be used to operate the 
United States Air Force education and training facility known as 
the Inter-American Air Forces Academy for the purpose of provid-
ing military education and training only to military personnel who 
are nationals of Central, South American and Caribbean countries: 
Provided, That only the fixed costs of operating and maintaining the 
Inter-American Air Forces Academy may be paid from funds avail-
able for operation and maintenance of the Air Force without re-
imbursement pursuant to section 37 of the Arms Export Control Act 
or section 632 of the Foreign Assistance Act or any other provision 
of law: Provided further. That no individual may be admitted to the 
Inter-American Air Forces Academy who has been convicted of a 
human rights violation, or is known to United States authorities to 
have committed, been an accessory to, or in an official capacity had 
knowledge of but failed to take remedial action concerning a human 
rights violation: Provided further, That the Air Force must provide 
concentrated instruction in democratic government and human 
rights protections to each attendee of lAAFA: Provided 
further, 
That the Air Force will provide the Committees on Appropriations 
of the House and Senate, no later than March 1, 1991, with a report 
on the operation of lAAFA and its curriculum, as well as a statis-
tical and biographical profile of its students. 
SEC. 8114. None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
Air Force and Air Force Reserve WC-130 Weather Reconnaissance 
Squadrons, except for the purpose of transferring the mission to the 
Air Force Reserve. 
SEC. 8115. (a) Funds shall be made available to the Secretary of 
Defense for the study of: 
(1) Israeli aerospace and avionics technology and their poten-
tial applications to ATF, NATF, CAS and LH aircraft programs, 
as well as other anticipated aircraft programs; 
(2) Potential areas of joint United States-Israel collaboration 
in technology research and development projects including, but 
not limited to, tactical directed energy weapons; camouflage, 
concealment, deception and stealth measures; aerial and wide-
area munitions; fiber optic guided missiles (FOG-M); and the 
adaptation of the HAVE NAP to the B-1 and B-2 bombers; 
(3) The features and possible contributions of Israeli space 
technology to Department of Defense programs, including, but 
not limited to, Israeli launchers, and including, but not limited 
to, cost-effectiveness in design and production of such tech-
nologies and systems; 
(4) Israeli anti-terrorism technologies, and their potential 
applications to Department of Defense programs and oper-
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1905 
ations, including, but not limited to, remote-controlled robots, 
security fences of all types, specialized x-ray and detection 
machines, and fast patrol boats. The Secretary of Defense shall 
work with the Office of Technology Assessment in conducting 
an examination of these subjects; 
(5) Possible applications of Israeli interdiction technologies to 
American efforts at drug interdiction, including, but not limited 
to, unmanned aerial vehicles, fast patrol boats, state-of-the-art 
ship and coastal radars, integrated command and control sys-
tems, and land interdiction systems such as visual and infra-red 
cameras, motion sensors and electronic fences. 
(b) The Secretary of Defense shall submit these studies as a final 
report with concrete recommendations and plans for implementa-
tion as appropriate to the Committees on Appropriations of the 
House and Senate no later than September 1,1991. 
SEC. 8116. Of the funds available in this Act in the operation and 
maintenance accounts of the Department of Defense, $10,000,000 
shall be available only to transport United States beef for resale in 
Department of Defense commissaries in foreign countries. 
SEC. 8117. (a) Of the funds for the procurement of supplies or 
services appropriated by this Act, qualified nonprofit agencies for 
the blind or other severely handicapped shall be afforded the maxi-
mum practicable opportunity to participate as subcontractors and 
suppliers in the performance of contracts let by the Department of 
Defense. 
0^) During fiscal year 1991, a business concern which has nego-
tiated with a military service or defense agency a subcontracting 
plan for the participation by small business concerns pursuant to 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be 
given credit toward meeting that subcontracting goal for any pur-
chases made from qualified nonprofit agencies for the blind or other 
severely handicapped. 
(c) For the purpose of this section, the phrase "qualified nonprofit 
agency for the blind or other severely handicapped" means a non-
profit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind 
and Other Severely Handicapped under the Javits-Wagner-O'Day 
Act (41 U.S.C. 46-48). 
(d) Within 180 days of the enactment of this Act, the Department 
of Defense Supplement to the Federal Acquisition Regulation shall 
be modified to implement paragraph (b). 
SEC. 8118. Notwithstanding any other provision of law, of the 
funds made available by this Act to the Department of the Navy, 
$1,500,000, to remain available until September 30, 1992, shall be 
available only for the expenses of the Kahoolawe Island Commission 
which shall be established under the terms and conditions of S. 3088 
as introduced in the Senate on September 10, 1990: Provided, That 
the Secretary of the Navy shall provide the Commission such assist-
ance and facilities as may be necessary to carry out its proceedings. 
SEC. 8119. None of the funds made available by this Act shall be 
available for any Military Department of the United States to 
conduct bombing training, gunnery training, or similar munitions 
delivery training on the parcel of land known as Kahoolawe Island, 
Hawaii. 
SEC. 8120. (a) The Secretary of Defense shall establish a "Legacy 
Resource Management Program". 
(b) The purposes of the program are as follows: 
Drug traffic 
control. 
Reports. 
Handicapped. 
Establishment. 
104 STAT. 1906 
PUBLIC LAW 101-511—NOV. 5, 1990 
(1) to establish a strategy, plan and priority list for identifying 
and managing all significant biological, geophysical, cultural 
and historical resources existing on, or involving, all Depart-
ment of Defense lands, facilities and property; 
(2) to provide for the stewardship of all Department of De-
fense controlled or managed air, land and water resources; 
(3) to protect significant biological systems and species, 
including but not limited to, those contained on the Federal 
endangered list and those which are candidates for that list; 
(4) to establish a standard Department of Defense methodol-
ogy for the collection, storage and retrieval of all biological, 
geophysical, cultural and historical resource information which, 
in the case of biological information, should be compatible with 
that used by State Natural Heritage Programs; 
(5) to establish programs to protect, inventory and conserve 
the artifacts of Native American civilization, settler commu-
nities and others deemed to have historical, cultural or spiritual 
significance; 
(6) to establish inventories of all scientifically significant 
biological, geophysical, cultural and historical assets on Depart-
ment of Defense lands. In addition to the specific attributes of 
the asset, these inventories are to catalog their scientific and/or 
cultural significance, as well as their inter-relationship to the 
surrounding environment, including the military mission car-
ried out on the land upon which they reside; 
(7) to establish programs for the restoration and rehabilita-
tion of altered or degraded habitats; 
(8) to establish educational, public access and recreation pro-
grams designed to increase public appreciation, awareness and 
support for these national environmental initiatives; and 
(9) to establish and coordinate by fiscal year 1993 with other 
Federal departments, agencies and entities a project to inven-
tory, protect and conserve the physical and literary property 
and relics of the Department of Defense, in the United States 
and overseas, connected with the origins and development of 
the Cold War, which are not already being carried out by other 
capable institutions or programs. 
(c) The "Legacy Resource Management Program" shall be estab-
lished under the Office of the Deputy Assistant Secretary of Defense 
for Environment. 
(d) The Deputy Assistant Secretary of Defense for Environment 
shall seek the participation of Department of Defense components in 
the implementation of the Legacy Resource Management Program. 
(e) $10,000,000 appropriated for "Operation and Maintenance, 
Defense Agencies" shall be available only for the establishment and 
support of the Legacy Resource Management Program. 
William Langer 
SEC. 8121. Of the funds available in this Act for the Defense 
Jewel Bearing 
Logistics Agency, $2,400,000 is available only for acquisition of jewel 
^^^"*' 
bearings from the William Langer Jewel Bearing Plant, 
SEC. 8122. None of the funds available in this Act may be used to 
support and maintain more than 261,855 United States military 
personnel permanently assigned ashore in Europe on September 30, 
1991: Provided, That the President may waive up to 50,000 of this 
261,855 ceiling if it is determined that national security interests 
require such action and the Committees on Appropriations of the 
House and Senate are notified. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1907 
SEC. 8123. PARTNERSHIPS WITH SCHOOLS.—(a) DEFINITIONS.—For 
the purposes of this section— 
(1) The term "school volunteer" means a person, beyond the 
age of compulsory schooling, working without financial remu-
neration under the direction of professional staff within a school 
or school district. 
(2) The term "partnership program" means a cooperative 
effort between the military and an educational institution to 
enhance the education of students. 
(3) The term "elementary school" has the same meaning 
given that term in section 1471(8) of the Elementary and 
Secondary Education Act of 1965 and does not exclude military 
schools. 
(4) The term "secondary school" has the same meaning given 
that term in section 1471(21) of the Elementary and Secondary 
Education Act of 1965 and does not exclude military schools. 
(5) The term "Secretary" means the Secretary of Defense. 
(b) The Secretary shall design a comprehensive strategy to involve 
civilian and military employees of the Department of Defense in 
partnership programs with elementary schools and secondary 
schools civilian and military. This strategy shall include: 
(1) A review of existing programs to identify and expand 
opportunities for such employees to be school volunteers. 
(2) The designation of a senior official in each branch of the 
Armed Services who will be responsible for establishing school 
volunteer and partnership programs in each branch of the 
Armed Services and for developing school volunteer and part-
nership programs. 
(3) The encouragement of civilian and military employees of 
the Department of Defense to participate in school volunteer 
and partnership programs. 
SEC. 8124. Of the funds appropriated for the United States Naval 
Academy in this Act, $5,000,000 shall not be obligated or expended 
. 
until the Secretary of the Navy has provided a report to the Armed 
Services and Appropriations Committees which outlines in detail 
the steps that have been taken to: (1) effectively implement the 
recommendations contained in reports by the General Accounting 
Office and the Board of Visitors of the Naval Academy during fiscal 
year 1990 and fiscal year 1991 on matters directly concerning the 
Academy, (2) put into place instruction on ethics as directed by the 
report accompanying the Senate-passed tiscal year 1991 Defense 
Authorization bill, and (3) provide assurances that the full range of 
intercollegiate sports programs being offered to midshipmen of the 
Naval Academy during academic year 1990-91 will continue to be 
offered during academic year 1991-92. The report should be deliv-
ered no later than June 1,1991. 
SEC. 8125. None of the funds available during fiscal year 1991 to 
the Department of Defense, any of its components, or any other 
Federal department, agency, or entity may be obligated or expended 
for research, development, test, and evaluation for the space-based 
wide area surveillance project in the Air Force's space surveillance 
technology program element and for the Navy's program addressing 
the same requirements. 
SEC. 8126. None of the funds appropriated by this Act may be 
available for compensation of military or civilian personnel assigned 
to the Office of the Assistant Secretary of Defense for Special 
Operations and Low Intensity Conflict in excess of the number of 
104 STAT. 1908 
PUBLIC LAW 101-511—NOV. 5, 1990 
such personnel assigned to that Office as of September 30, 1990: 
Provided, That none of the funds provided by this Act may be 
available to locate the Special Operations Research, Development 
and Acquisition Center in the National Capital Region unless the 
Secretary of Defense certifies in writing to the Committees on 
Appropriations of the House of Representatives and Senate that 
such a move is required in the best interest of the Government. 
SEC. 8127. Of the funds appropriated in "Drug Interdiction and 
Counter-Drug Activities, Defense", $10,000,000 shall be available 
only for the National Drug Intelligence Center. 
SEC. 8128. The Department of the Army may use up to $3,100,000 
in troop labor, installation equipment and supplies at Fort Sill to 
assist the Department of Interior in replacing an earth dam through 
a cooperative agreement which benefits each Department and in-
cludes such other terms as to protect the United States. 
SEC. 8129. None of the funds available during fiscal year 1991 to 
the Department of Defense, any of its components, or any other 
Federal department, agency, or entity may be obligated or expended 
to complete an A-76 cost comparison study for the contracting out of 
firefighting or security guard functions at Indian Springs Air Force 
Auxiliary Field. 
(TRANSFER OF FUNDS) 
SEC. 8130. Funds available to the Department of Defense during 
the current fiscal year may be transferred to applicable appropria-
tions or otherwise made available for obligation by the Secretary of 
Defense to repair or replace real property, facilities, equipment, and 
other Department of Defense assets damaged by Hurricane Hugo in 
September 1989: Provided, That funds transferred shall be available 
for the same purpose and the same time period as the appropria-
tions to which transferred: Provided further. That the Secretary 
shall notify the Congress promptly, in accordance with standard 
notification procedures, of all transfers made pursuant to this 
authority and that such transfer authority shall be in addition to 
that provided elsewhere in this Act. 
SEC. 8131. (a) No later than 90 days after the date of the enact-
ment of this Act the Secretary of Defense shall submit to Congress: 
(1) a detailed accounting of the monetary and material con-
tributions provided to the United States for the support of 
Operation Desert Shield, to the United Nations, its agencies and 
activities in support of its embargo against Iraq, and to other 
bilateral and multilateral operations and efforts to counter 
Iraqi aggression in the Persian Gulf region; 
(2) a detailed accounting of the level of revenues from the sale 
of oil that continue to accrue to the countries of the Organiza-
tion of Petroleum Exporting Countries (OPEC) since August 2, 
1990. 
Qo) The accounting referred to in subsection (1) shall include, but 
not be limited to, contributions in cash, personnel, equipment and 
supplies. Non-cash contributions shall be valued according to cri-
teria established by the Secretary of Defense. 
(c) It is the sense of the Congress that contributions from other 
upper income and industrialized countries should be primarily in 
the form of monetary contributions rather than supplies, goods, or 
services. 
Operation 
SEC. 8132. During fiscal year 1991, in exercising the authority 
Insert Shield. 
provided the President under section 673b of title 10, United States 
lU UoC DTOD 
note. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1909 
Code, to authorize the order to active duty of units and members of 
the Selected Reserve, the President may use that authority in the 
case of orders to active duty in support of operations in and around 
the Arabian Peninsula and Operation Desert Shield as if "180 days" 
were substituted for "90 days" in subsection (a) of that section and 
"180 additional days" were substituted for "90 additional days" in 
subsection (i) of that section: Provided, That this section applies only 
to Selected Reserve combat units. 
SEC. 8133. (a) Section 1203)(7) of the Act of January 2, 1976, as 
amended (Public Law No. 94-204), is further amended as follows: 
43 USC 1611 
(1) in subsection (i)(a) by: 
^°^-
(A) deleting the word "surplus" following the phrase 
"any other bidder for", 
(B) inserting the phrase "as defined in subsection 
1203)(7)(vii)," following the word "property" the first time it 
appears in the subsection, 
(C) deleting the phrase "Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. sec. 484), as 
amended." and inserting in lieu thereof the phrase "ap-
plicable laws and regulations of the Federal agency or 
instrumentality offering such property for sale.", and 
(D) deleting the phrase "for General Services Administra-
tion surplus property under this subparagraph and no addi-
tional advertising shall be required other than that 
prescribed in title 40, United States Code, section 484(c)(2) 
of the Federal Property and Administrative Services Act;" 
and inserting in lieu thereof the phrase "on property under 
this section 12(b)(7). There shall be no advertising other 
than that ordinarily required by such sale.". 
(2) in subsection (iv) by: 
(A) deleting the phrase "Federal surplus property" and 
inserting in lieu thereof the phrase "property, as defined in 
subsection 12(b)(7)(vii),", 
(B) inserting the phrase "12(b)(7)" immediately preceding 
the phrase "(i) or (ii)", 
(C) inserting the phrase "12(b)" following the phrase 
"document referred to in this subsection", and 
(D) inserting the phrase "or payments of forfeited de-
posits, penalties, or other assessments imposed under a 
valid bid or sales contract on Cook Inlet Region, Incor-
porated" immediately preceding the period at the end of 
the subsection. 
(3) in subsection (v), by deleting the phrase "subsection (iv)" 
and inserting in lieu thereof the phrase "subsection 12(b)(7)(iv) 
for sales or transfers of property made pursuant to the Federal 
Property and Administrative Services Act of 1949, 40 U.S.C. sec. 
471 et seq., or any legislative or executive delegation under that 
Act,". 
(4) adding at the end thereof the following new subsections: 
"(vii) Notwithstanding the definition of 'property' found ' 
in the Federal Property and Administrative Services Act of 
1949, as amended, as used in this section 12(b)(7), 'property' 
means any property—real, personal, or mixed—owned, 
held, or controlled by the United States (including that in a 
corporate capacity or as a receiver or conservator, or such 
other similar fiduciary relationship), and offered for sale by 
any agency or instrumentality of the United States, includ-
104 STAT. 1910 
PUBLIC LAW 101-511—NOV. 5, 1990 
16 u s e 396f 
note. 
North Carolina. 
Drug traffic 
control. 
ing but not limited to the General Services Administration, 
Department of Defense, Department of the Interior, Depart-
ment of Agriculture, Department of Housing and Urban 
Development, the United States Courts and any Govern-
ment corporation, agency or instrumentality subject to 
chapter 91 of title 31, United States Code; real property 
means any land or interest in land or option to purchase 
land, any improvements on such lands, or rights to their 
use or exploitation. 
"(viii) Any charge against the property account and any 
transfer of funds from the property account heretofore 
made for the purpose of consummating any prior sale or 
making a deposit or other payment to bind any contract of 
sale or paying any forfeiture of deposit, penalty or assess-
ment is hereby authorized, ratified and affirmed.", 
(b) Section 9102 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165, 103 Stat. 1151), is amended as follows: 
(1) in subsection O^XD, by deleting the phrase "05)(2)" and 
inserting in lieu thereof the phrase "(a)(2)", 
(2) subsection (d) is amended to read as follows: 
"(d) 
AGENCY 
DEFINED.—In this section the term 
'agency' 
includes— 
"(1) any instrumentality of the United States, or 
"(2) any element of an agency, or 
"(3) any wholly owned or mixed-owned United States Govern-
ment corporation identified in chapter 91' of title 31, United 
States Code.". 
(3) by adding at the end thereof the following new subsections: 
"(e) PROPERTY DEFINED.—Notwithstanding the definition of 'prop-
erty' found in the Federal Property and Administrative Services Act 
of 1949, as amended, in this section the term 'property' includes any 
property—real, personal, or mixed—owned, held, or controlled by 
the United States (including that in a corporate capacity or as a 
receiver or conservator, or such other similar fiduciary relation-
ship), and offered for sale by any agency or instrumentality of the 
United States, including but not limited to the General Services 
Administration, Department of Defense, Department of the Interior, 
Department of Agriculture, Department of Housing and Urban 
Development, the United States Courts and any Government cor-
poration, agency or instrumentality subject to chapter 91 of title 31, 
United States Code; real property as used in this section means any 
land or interest in land or option to purchase land, any improve-
ments on such lands, or rights to their use or exploitation. 
"(f) The Secretary of the Treasury, in consultation with the 
Secretary of the Interior, shall establish procedures to permit the 
accounts described in subsection (a)(2) to receive deposits, to make 
deposits into escrow when an escrow is required for the sale of any 
property, and to reinstate to such accounts any unused escrow 
deposits if sales are not consummated.". 
SEC. 8134. Of the funds appropriated under "Operation and 
Maintenance, Army," up to $500,000 shall be available for the 
environmental protection program at Fort Bragg, North Carolina. 
SEC. 8135. It is the sense of the Congress that United States 
participation in a multinational anti-narcotics strike force, as called 
for in sections 4101 and 4103 of the Anti-Drug Abuse Act of 1988 
(Public Law 100-690), should include the full range of appropriate 
law enforcement and anti-drug abuse agencies, and that consider-
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1911 
ation be given to aiding such a strike force by funding from appro-
priate sources for multilateral intelligence-sharing, multilateral 
training of law enforcement personnel; and multilateral support for 
crop substitution, drug treatment, drug research and drug education 
programs. 
Funds made available under this Act for Department of Defense 
drug interdiction activities may be expended to fund the participa-
tion of United States Armed Forces in conjunction with appropriate 
United States law enforcement and anti-drug abuse agencies, in 
accordance with other applicable laws, in such a strike force. 
SEC. 8136. (a) FINDINGS.—The Congress finds that— 
(1) the President and Secretary of State have stated publicly 
that a new international order is being created; 
(2) such order is characterized, among other things, by— 
(A) a rough parity of financial and technological strength 
and of standards of living among Members of the Group of 
Seven; 
(B) the successful culmination of allied postwar foreign 
policy in the emergence of political and economic freedom 
in formerly communist nations and the progressive integra-
tion of such nations into the world economy; and 
(C) with the reduction of ideological and military tension 
between members of the North Atlantic Treaty Organiza-
tion and the Warsaw Pact, the increased importance of 
economic strength in the ability of nations to provide for 
national security and promote foreign policy objectives; 
(3) such rough parity of economic strength among Members of 
the Group of Seven as well as the large and growing net 
national and international debt of the United States affirm that 
the new international order should be accompanied by a more 
balanced distribution of the economic burden of providing for 
common security than that which accompanied the postwar 
international order; and 
\ 
(4) it should be a priority of United States foreign policy in the 
new international order to attain at an early stage a more 
balanced distribution of the aggregate economic burden of 
common security among advanced industrial nations. 
(b) NEGOTIATIONS.—It is the sense of the Congress that the Presi- 
President. 
dent should negotiate within the Group of Seven to conclude agree-
ments providing for— 
( D a commonly accepted methodology by which to measure 
relative rates of expenditures on common security objectives by 
each Member; 
(2) through the application of such methodology, commonly 
accepted calculations of current rates of expenditures on 
common security objectives by each Member; and 
(3) a framework, concrete agenda, and timetable of actions by 
each Member to converge substantially their aggregate rates of 
expenditures on common security objectives as a proportion of 
national income over a reasonable, finite period. 
(c) REPORTS TO CONGRESS.—It is the sense of the Congress that the 
President should submit reports to Congress no later than August 1, 
1991, and August 1, 1992, assessing progress toward the agreements 
referred to in subsection (b). In the absence of substantial progress 
toward the agreements referred to .in subsection (b) at the time of 
issuance of such reports, the President should include in such 
reports a calculation and comparative analysis of current rates of 
104 STAT. 1912 
PUBLIC LAW 101-511—NOV. 5, 1990 
expenditures on common security objectives by each Member on the 
basis of the best and most current information available. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term "Members" means the United Kingdom, France, 
Italy, Canada, the Federal Republic of Germany, Japan, the 
United States, and the European Community; and 
(2) the term "expenditures on common security objectives" 
includes— 
(A) expenditures on defense operations and activities out-
side a Member's territory which provide for the defense of 
two or more Members pursuant to a treaty or other 
arrangement between two or more Members; 
(B) official development assistance to developing or 
emerging democracy country markets; 
(C) contributions to multilateral development banks; 
(D) untied export credit assistance to developing or 
emerging democracy markets; 
(E) other non-military, untied economic or financial 
assistance to developing or emerging democracy country 
markets; and 
(F) expenditures which address global environmental 
problems or which improve environmental conditions out-
side a Member's territory. 
Bill Chappell. 
SEC. 8137. The Secretary of Interior is authorized to use such sums 
as are needed to erect in the Canaveral National Seashore a suitable 
bronze marker to commemorate the dedicated leadership of Con-
gressman Bill Chappell in the establishment of the Canaveral Na-
tional Seashore. 
SEC. 8138. Of the amount appropriated in this Act for Research, 
Development, Test and Evaluation, Navy, the sum of $31,000,000 
may be obligated for an evaluation of the Assault Ballistic Rocket 
System. 
SEC. 8139. The Secretary of the Treasury shall pay, out of any 
money in the Treasury not otherwise appropriated, the sum of 
$3,625,000 to Shipco General, Inc., an Idaho corporation. The pay-
ment of such sum shall be in full satisfaction of any claim of Shipco 
General, Inc., against the United States arising out of the termi-
nation of a contract at Kirtland Air Force Base, New Mexico, for the 
rehabilitation of 155 housing units for Zia Park Housing (Contract 
No. F29650-82-C-0201). 
It shall be unlawful for more than 10 percent of the sum made 
available by this section to be paid to or received by any agent or 
attorney for services rendered in connection with the claim de-
scribed in such section. Any person who violates this section shall be 
fined not more than $1,000. 
John Barren. 
SEC. 8140. The Secretary of the Treasury shall pay, out of any 
money in the Treasury not otherwise appropriated, the sum of 
$1,124,000 to John Barren, of Peckville, Pennsylvania, for damages 
incurred as a result of the failure of health care employees at the 
medical center of the Department of Veterans Affairs in Wilkes-
Barre, Pennsylvania, to admit and treat him properly for a service-
connected psychiatric condition. The payment of such sum shall be 
in full satisfaction of any claim against the United States arising out 
of the admission and treatment of John Barren described in this 
section: Provided, That no more than 10 percent of the sum appro-
priated pursuant to this section shall be paid to or received by any 
agent or attorney for services rendered in connection with the claim 
Shipco General, 
Inc. 
New Mexico. 
PUBLIC LAW 101-511—NOV. 5, 1990 
104 STAT. 1913 
described in this section: Provided further, That any person who 
violates this section shall be fined not more than $1,000. 
SEC. 8141. In addition to funds appropriated or otherwise made 
available in this Act, $165,000,000 is appropriated only for military 
personnel in title I, and $85,000,000 is appropriated only for the 
Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) in title II: Provided, That $165,000,000 shall be trans-
ferred to the appropriate military personnel appropriations pro-
vided in title I of this Act and $85,000,000 shall be transferred to the 
appropriate operation and maintenance appropriations provided in 
title II of this Act to be merged with and available for the same 
purposes and time period as the appropriations to which trans-
ferred: Provided further, That this transfer authority shall be in 
addition to any other transfer authority contained in this Act. 
SEC. 8142. Funds appropriated by this Act for the Advanced 
Tactical Fighter program may be obligated for full-scale develop-
ment without regard to obligational limitations with respect to that 
program prescribed in the National Defense Authorization Act for 
Fiscal Year 1991: Provided, That, notwithstanding any other provi-
sion of law, none of the unobligated balances or any other funds 
contained in the National Defense Stockpile Transaction Fund may 
be transferred or otherwise made available during fiscal year 1991 
to the account established under section 2371(e) of title 10, United 
States Code. 
TITLE IX 
DESERT SHIELD SUPPLEMENTAL APPROPRIATIONS 
(TRANSFER OF FUNDS) 
For incremental costs of Operation Desert Shield $1,000,000,000 is 
appropriated for transfer from the Defense Cooperation Account, 
established under section 2608 of title 10, United States Code, to 
operation and maintenance appropriations of the Department of 
Defense only to reimburse incremental expenditures made for fuel, 
transportation, equipment maintenance and purchases from stock 
104 STAT. 1914 
PUBLIC LAW 101-511—NOV. 5, 1990 
funds in support of Operation Desert Shield, to be merged with and 
to be available for the same purposes and the same time period as 
the appropriation to which transferred: Provided, That the foregoing 
transfer authority shall be in addition to any other transfer author-
ity contained in this Act. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1991". 
Approved November 5, 1990. 
LEGISLATIVE HISTORY—H.R. 5803 (S. 3189): 
HOUSE REPORTS: No. 101-822 (Comm. on Appropriations) and No. 101-938 (Comm. 
of Conference). 
SENATE REPORTS: No. 101-521 accompanying S. 3189 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 12, considered and passed House. 
Oct. 15, S. 3189 considered and passed Senate; H.R. 5803, amended, passed in 
lieu. 
Oct. 16, passage of S. 3189 vitiated. 
Oct. 25, House agreed to conference report. 
Oct. 26, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 5, Presidential statement.