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 100 STAT. 3800

Loans.

Grants. Contracts. 42 USC 300e-5 note. 42 USC 300e et seq. Grants. Contracts.

Ante, p. 3799. 42 USC 300e-4 note.

PUBLIC LAW 99-660—NOV. 14, 1986

tion requirements of such section and in the case of an application for a loan or loan guarantee," in subsection (b)(D, (C) by striking out "1304," in subsection (b)(2), and (D) by striking out "grants, contracts, loans," in subsection (c) and inserting in lieu thereof "loans". (2) Section 1307 (42 U.S.C. 300e-6) is amended— (A) by striking out "grant, contract, loan," each place it appears and inserting in lieu thereof "loan", (E) by striking out "grant, contract, or" in subsection (a)(D, and (C) by striking out "such assistance" in subsection (a)(1) and inserting in lieu thereof "the loan". (3) Section 1309(a) (42 U.S.C. 300e-8(a)) is amended— (A) by striking out paragraph (1), and (B) by striking out "(2)". (4) The first sentence of section 1317(b) (42 U.S.C. 300e-16(b)) is amended— (A) by striking out clause (1), and (B) by redesignating clauses (2) and (3) as clauses (1) and (2), respectively. (c) The amendments made by this section do not apply to any grant made or contract entered into under title XIII of the Public Health Service Act before October 1, 1985. SEC. 804. LIMITATION ON LOANS AND LOAN GUARANTEES FOR INITIAL COSTS OF OPERATION.

(a) The last sentence of section 1305(a) (42 U.S.C. 300e-4(a)) is amended by inserting before the period ", and unless the Secretary has made a grant or loan to, entered into a contract with, or guaranteed a loan for, the organization in fiscal year 1981, 1982, 1983, 1984, or 1985 under this section or section 1304(b) (as in effect before October 1, 1985)". (b) The amendment made by subsection (a) does not apply to any loan or loan guarantee for the initial costs of operation of a health maintenance organization made under title XIII of the Public Health Service Act before October 1, 1985. SEC. 805. ELIMINATION OF LOANS AND LOAN GUARANTEES FOR ACQUISITION AND CONSTRUCTION OF AMBULATORY CARE FACILITIES.

42 USC 300e-5 note.

(a) Section 1305A (42 U.S.C. 300e-4a) is repealed, tt)) Section lS06(b)(2) (42 U.S.C. 300e-5(b)(2)) is amended by striking out "or 1305A,". (c) The amendments made by this section do not apply to any loan or loan guarantee made under section 1305A of the Public Health Service Act before October 1, 1985. SEC. 806. REPEAL OF REQUIREMENT FOR HEALTH SYSTEMS AGENCY REVIEW.

Section 13060)) (42 U.S.C. 3006-50))) is amended by striking out paragraph (5) and by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. SEC. 807. LIMITATION ON BORROWING BY LOAN GUARANTEE FUND.

The first sentence of section 1308(d)(2) (42 U.S.C. 300e-7(d)(2)) is amended b^ inserting "before October 1, 1986," after "guarantees issued by hun".

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text: Dictionary of National Biography, 1885-1900/Paterson, Samuel

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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100 STAT. 3801

SEC. 808. REPEAL OF REQUIREMENT FOR PERIODIC DEMONSTRATION OF COMPLIANCE.

Section 1310(d) (42 U.S.C. 300e-9(d)) is amended by striking out the last sentence. SEC. 809. ANNUAL UPDATE OF STATE LAW DIGEST.

The first sentence of section 1311(c) (42 U.S.C. 300e-10(c)) is amended by striking out "quarterly" and inserting in lieu thereof "annually". SEC. 810. ELIMINATION OF UNNECESSARY REPORT.

Section 1318(e) (42 U.S.C. 300e-17(e)) is repealed. SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

Section 1309(b) (42 U.S.C. 300e-80t))) is amended to read as follows: Loans. "(b) To meet the obligations of the loan fund established under section 1308(e) resulting from defaults on loans made from the fund and to meet the other obligations of the fund, there is authorized to be appropriated to the loan fund for fiscal years 1987, 1988, and 1989, such sums as may be necessary.". SEC. 812. ORGAN TRANSPLANTS AS PART OF BASIC COVERAGE.

(a) Section 1302(1) (42 U.S.C. 300e-l(l)) is amended by inserting before the last sentence the following new sentence: ' Such term includes a health service directly associated with an organ transplant only if such organ transplant was required to be included in basic health services on April 15, 1985.". (b)(1) The amendment made by subsection (a) shall take effect on October 1, 1985, and shall cease to be in effect on April 1, 1988. (2) After April 1, 1988, for purposes of title XIII of the Public Health Service Act, no health service directly associated with an organ transplant shall be considered to be a basic health service if such service would otherwise have been added as a basic health service between April 15, 1985, and April 1, 1988. SEC. 813. STUDY ON THE PROGRAM.

HEALTH

MAINTENANCE

^

Effective date. Termination date. 42 USC 300e-l note. 42 USC 300e et seq.

ORGANIZATION

(a) The Secretary of Health and Human Services shall provide for 42 USC 300e the conduct of a study to assess the operation and impact of the note. provisions of title XIII of the Public Health Service Act. The study shall— (1) assess the attitudes of employers and employees toward x prepaid health benefits plans, particularly health msdntenance organization plans; (2) examine the operation of the community rating approach ^;i^ qualified under such title; '° ^ (3) analyze the effects of the dual choice option provided in section 1310 of such Act on health maintenance organizations 42 USC 300e-9. and on other health benefits plans; jbi. (4) assess the approach used to add services no longer consid; ered to be experimental to basic health services for health maintenance organizations qualified under such title, particularly with respect to the addition of organ transplants to such basic health services and the impact of such addition on the competitiveness of such health maintenance organizations; and
 * ,r and the impact of such approach on the membership composition and competitiveness of health maintenance organizations

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 100 STAT. 3802

Reports.

Contracts. 42 USC 300e-l.

PUBLIC LAW 99-660—NOV. 14, 1986

(5) examine the effect of minimum benefit requirements, underwriting restrictions, restrictions on cost sharing, and the requirement that services be provided without limitation as to time or cost on the competitiveness of health maintenance organizations qualified under such title. (b) Within 18 months after the date of enactment of this Act, the Secretary shall prepare and transmit to the Congress a report which describes the findings and conclusions of the study conducted under subsection (a) and contains such recommendations for legislative and regulatory action as the Secretary considers appropriate, (c) Any contract entered into under this section shall be to such extent or in such amounts as are provided in appropriation Acts. SEC. 814. SERVICES OF PSYCHOLOGISTS.

(a) Paragraphs (1) and (2) of section 1302 of the Public Health Service Act are amended by inserting "psychologist," after "podiatrist," each place it appears. (b) Paragraph (4) of such section is amended by striking out "and podiatrists" and inserting in lieu thereof "podiatrists, and psychologists". (c) Paragraph (5) of such section is amended by inserting "psychology," after "optometry,". 42 USC 300e-l note.

42 USC 300e-l note.

Alzheimer's Disease and Related Dementias Services Research Act of 1986.

SEC. 815. EFFECTIVE DATE.

(a) Except as provided in subsection 0?) and section 812(b), this title and the amendments made by this title shall take effect on October 1, 1985. (b) Section 813 shall take effect on the date of enactment of this Act. SEC. 816. CONSTRUCTION.

The provisions of this title and of the amendments made by this title do not authorize the appropriation of any funds for fiscal year 1986.

TITLE IX—ALZHEIMER'S DISEASE AND RELATED DEMENTIAS SERVICES RESEARCH

..

PART A—GENERAL PROVISIONS SHORT TITLE

42 USC 11201 note.

SEC. 901. This title may be cited as the "Alzheimer's Disease and Related Dementias Services Research Act of 1986". ..^-I-^

42 USC 11201.

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•^.:J,.

,,

FINDINGS

SEC. 902. The Congress finds that— (1) best estimates indicate that between 2,000,000 and 3,000,000 Americans presently have Alzheimer's disease or related dementias; (2) estimates of the number of individuals afflicted with Alzheimer's disease and related dementias are unreliable because current diagnostic procedures lack accuracy and sensitivity and because there is a need for epidemiological data on incidence and prevalence of such disease and dementias;

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100 STAT. 3803

(3) studies estimate that between one-half and two-thirds of patients in nursing homes meet the clinical and mental status criteria for dementia; (4) the care for individuals with Alzheimer's disease and related dementias falls primarily on their families, and such care is very often financially and emotionally devastating; (5) the cost of caring for individuals with Alzheimer's disease and related dementias is great, and conservative estimates range between $38,000,000,000 and $42,000,000,000 per year solely for direct costs; (6) although substantial progress has been made in recent years in identifying possible leads to the causes of Alzheimer's disease and related dementias and more progress can be expected in the near future, there is little likelihood of a breakthrough in the foreseeable future which would eliminate or substantially reduce the number of individuals with such disease and dementias or the difficulties of caring for such individuals; (7) attempts to reduce the emotional and financial burden of caring for dementia patients is impeded by a lack of knowledge about such patients, how to care for such patients, the costs associated with such care, the effectiveness of various modes of care, the quality and t)rpe of care necessary at various stages of the disease, and other appropriate services that are needed to provide quality care; (8) the results of the little research that has been undertaken concerning dementia has been inadequate or the results have not been widely disseminated; (9) more knowledge is needed concerning— (A) the epidemiology of, and the identification of risk factors for, Alzheimer's disease and related dementias; (B) the development of methods for early diagnosis, functional assessment, and psychological evaluation of individuals with Alzheimer's disease for the purpose of monitoring the course of the disease and developing strategies for improving the quality of life for such individuals; (C) the understanding of the optimal range and costeffectiveness of community and institutional services for individuals with Alzheimer's disease and related dementias and their families, particularly with respect to the design, delivery, staffing, and mix of such services and the coordination of such services with other services, and with respect to the relationship of formal to informal support services; (D) the understanding of optimal methods to combine formal support services provided by health care professionals with informal support services provided by family, friends, and neighbors of individuals with Alzheimer's disease, and the identification of ways family caregivers can be sustained through interventions to reduce psychological and social problems and physical problems induced by stress; (E) existing data that are relevant to Alzheimer's disease and related dementias; and (F) the costs incurred in caring for individuals with Alzheimer's disease and related dementias;

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 100 STAT. 3804

42 USC 401 et seq., 1381 et seq.

PUBLIC LAW 99-660—NOV. 14, 1986 (10) it is imperative to provide appropriate coordination of the efforts of the Federal Government in the provision of services for individuals with Alzheimer's disease and related dementias; (11) it is important to increase the understanding of Alzheimer's disease and related dementias by the diverse range of personnel involved in the care of individuals with such disease and dementias; and (12) it is imperative that the Social Security Administration be provided information pertaining to Alzheimer's disease and related dementias, particularly for personnel in such Administration involved in the establishment and updating of criteria for determining whether an individual is under a disability for purposes of titles II and XVI of the Social Security Act. PART B—COUNCIL ON ALZHEIMER'S DISEASE

-

ESTABLISHMENT

42 USC 11211.

SEC. 911. (a) There is established in the Department of Health and Human Services (hereinafter referred to as the "Department") the Council on Alzheimer's Disease (hereinafter referred to as the "Council"). The Council shall be composed of— (1) the Assistant Secretary for Health; (2) the Surgeon General of the United States; (3) the Assistant Secretary for Planning and Evaluation; a Infectious Diseases; (5) the Director of the National Institute of Mental Health; (6) the Director of the National Institute of Neurological and Communicative Diseases and Stroke; (7) the Director of the National Institute on Aging; •> "" (8) the Commissioner on Aging; (9) the Administrator of the Health Care Financing Adminisa tration (or the designee of such Administrator); • (10) the Director of the National Center for Health Services Research and Health Care Technology Assessment; (11) the Administrator of Veterans' Affairs (or the designee of t such Administrator); and (12) such additional members as the Secretary of Health and Human Services (hereinafter referred to as the "Secretary") considers appropriate. (b) The Secretary shall select a Chairman for the Council from among its members. (c) A majority of the members of the Council shall constitute a quorum, but a lesser number may hold hearings. (d) The Council shall meet periodically at the call of the Chairman, but not less than twice each year. (e) The Secretary shall appoint an Executive Secretary for the Council and shall provide the Council with such additional administrative staff and support as may be necessary to enable the Council to carry out its functions. FUNCTIONS
 * ». (4) the Director of the National Institute of Allergy and

42 USC 11212.

SEC. 912. (a) The Council shall— (1) coordinate continuing research conducted by or through the Department on Alzheimer's disease and related dementias;

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100 STAT. 3805

(2) establish a mechanism for the sharing of information Aged persons. among all officers and employees of the Department involved in carrying out programs serving elderly individuals; (3) identify the most promising areas of research concerning Alzheimer's disease and related dementias; (4) establish mechanisms to use the results of research Aged persons. concerning Alzheimer's disease and related dementias in the development of policies, programs, and means to improve the quality of life for older Americans; and (5) assist the National Institute on Aging, the National Institute of Mental Health, and the National Center for Health Services Research and Health Care Technology Assessment in developing and coordinating the plans for research required under part E, and in making revisions in such plans. Post, p. 3808. (b)(1) Not later than 9 months after the date of enactment of this Reports. Act, the Council shall transmit to the Congress and make available to the public a report detailing the plans for research prepared by the National Institute on Aging, the National Institute of Mental Health, and the National Center for Health Services Research and Health Care Technology Assessment under part E. Such report shall— (A) describe, insofar as feasible, the activities to be carried out under such part during each of the fiscal years 1987, 1988, 1989, 1990, and 1991; and (B) ensure that activities carried out under such part are Aged persons. coordinated with, and use, to the maximum extent feasible, the resources of, other Federal programs relating to Alzheimer's disease and related dementias, including centers supported under section 445 of the Public Health Service Act, centers 42 USC 289h. supported by the National Institute of Mental Health on the psychopathology of the elderly, relevant activities of the Administration on Aging, other centers supported by Federal funds involved in research on Alzheimer's disease and related dementias, and other programs relating to Alzheimer's disease and related dementias which are planned or conducted by Federal agencies other than the Department, State or local agencies, community organizations, or private foundations. (2) Within 1 year after the date on which the report required by Reports. paragraph (1) is transmitted to the Congress, and annually there- Public after, the Council shall transmit to the Congress, and make avail- information. able to the public, a report on— (A) the revisions made by the National Institute on Aging, the ?' National Institute of Mental Health, and the National Center for Health Services Research and Health Care Technology Assessment in the plans for research required by part E; (B) progress made by research sponsored by the Federal 3 Government on Alzheimer's disease and related dementias; and (C) new directions in research on Alzheimer's disease and related dementias which the Council considers potentially important.

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 100 STAT. 3806 .V.

, 3.4..

PUBLIC LAW 99-660—NOV. 14, 1986 PART C—ADVISORY P A N E L ON ALZHEIMER'S DISEASE ESTABLISHMENT OF PANEL

42 USC 11221.

42 USC 289h.

-. ' •

,•( s,,^

,. c.

SEC. 921. (a) There is established in the Department the Advisory Panel on Alzheimer's Disease (hereinafter referred to as the 'Panel'). The Panel shall be composed of— (1) 15 voting members appointed by the Director of the Office of Technology Assessment, of which— (A) 3 shall be individuals who are biomedical research scientists with demonstrated achievements in biomedical research relating to Alzheimer's disease, including at least one individual who is a researcher at a center supported under section 445 of the Public Health Service Act; (B) 3 shall be individuals with demonstrated achievements in research relevant to services for the care of individuals with Alzheimer's disease and related dementias; (C) 3 shall be individuals who are providers of services, or 5 administrators of organizations which provide services, for individuals with Alzheimer's disease and related dementias and their families; (D) 3 shall be individuals who are experts in the financing of health care services and long-term care services, including one individual who is a representative of private health care services insurers; and (E) 3 shall be representatives of national voluntary organizations which are concerned with the problems of individuals with Alzheimer's disease and related dementias and their families; and (2) the Chairman of the Council, the Director of the National Institute on Aging, the Director of the National Institute of Mental Health, the Director of the National Center for Health ? Services Research and Health Care Technology Assessment, and the Commissioner on Aging, who shall be nonvoting ex officio members, flt)) The Director of the Office of Technology Assessment shall appoint members to the Panel under subsection (a)(1) within 90 days after the date of enactment of this Act. (c) The Secretary shall appoint a Chairman of the Panel from among the members appointed under subsection (a)(l). (d) Members of the Panel shall serve for the life of the Panel. A vacancy on the Panel shall be filled in the same manner as the original appointment was made. A vacancy on the Panel shall not affect its powers. (e) A majority of the members of the Panel appointed under subsection (a)(l) shall constitute a quorum, but a lesser number may hold hearings. The Panel may establish such subcommittees as the Panel considers appropriate. (f) The Panel shall meet at the call of the Chairman, but not less than twice per year. (g) The Executive Secretary of the Council shall serve as Executive Secretary of the Panel. The Secretary shall provide the Panel with such additional administrative staff and support as may be necessary to enable the Panel to carry out its functions. (h) Each member of the Panel appointed under subsection (a)(D shall receive compensation at a rate of $100 per day for each day, including travel time, that such member is engaged in duties as a

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100 STAT. 3807

member of the Panel. While away from their homes or regular places of business in the performance of duties as a member of the Panel, members of the Panel appointed under subsection (a)(1) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under section 5702 of title 5, United States Code. FUNCTIONS OF THE PANEL

SEC. 922. (a) The Panel shall assist the Secretary and the Council in the identification of priorities and emerging issues with respect to Alzheimer's disease and related dementias and the care of individuals with such disease and dementias. The Panel shall advise the Secretary and the Council with respect to the identification of— (1) emerging issues in, and promising areas of, biomedical research relating to Alzheimer's disease and related dementias; (2) emerging issues in, and promising areas of, research relating to services for individuals with Alzheimer's disease and related dementias and their families; (3) emerging issues and promising initiatives in home and community based services, and systems of such services, for individuals with Alzheimer's disease and related dementias and their families; and (4) emerging issues in, and innovative financing mechanisms for, payment for health care services and social services for individuals with Alzheimer's disease and related dementias and their families, particularly financing mechanisms in the private sector. (b) The Panel shall prepare and transmit to the Congress, the Secretary, and the Council, and make available to the public, an annual report. Such report shall contain such recommendations as the Panel considers appropriate for administrative and legislative actions to improve services for individuals with Alzheimer's disease and related dementias and their families and to provide for promising biomedical research relating to Alzheimer's disease and related dementias.

42 USC 11222.

Reports. Public information.

AUTHORIZATION OF APPROPRIATIONS

SEC. 923. To carry out this part, there are authorized to be appropriated $100,000 for each of the fiscal years 1988 through 1991.

42 USC 11223.

PART D—AWARDS FOR LEADERSHIP AND EXCELLENCE IN ALZHEIMER'S DISEASE AND RELATED DEMENTIAS AWARDS AUTHORIZED

SEC. 931. (a) The Director of the National Institute on Aging shall Research and make awards to senior researchers who have made distinguished development. achievements in biomedical research in areas relating to Alz- 42 USC 11231. heimer's disease and related dementias. Awards under this section shall be used by the recipients to support research in areas relating to such disease and dementias, and may be used by the recipients to train junior researchers who demonstrate exceptional promise to conduct research in such areas. (b) The Director of the National Institute on Aging may make awards under this section to researchers at centers supported under

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 100 STAT. 3808 42 USC 289h.

IIVI

,; i

PUBLIC LAW 99-660—NOV. 14, 1986

section 445 of the Public Health Service Act and to researchers at other public and nonprofit private entities. (c) The Director of the National Institute on Aging shall make awards under this section only to researchers who have been recommended for such awards by the National Advisory Council on Aging. (d) The Director of the National Institute on Aging shall establish procedures for the selection of the recipients of awards under this section. (e) Awards under this section shall be made for a one-year period, and may be renewed for not more than six additional consecutive one-year periods. AUTHORIZATION OF APPROPRIATIONS

Research and development. 42 USC 11232.

SEC. 932. To carry out this part, there are authorized to be appropriated $5,000,000 for each of the fiscal years 1988 through 1991. Amounts authorized to be appropriated under this section are in addition to amounts authorized to be appropriated for biomedical research relating to Alzheimer's disease and related dementias under part E of this title and under other provisions of law. PART E—RESEARCH RELATING TO SERVICES FOR INDIVIDUALS WITH ALZHEIMER'S DISEASE AND RELATED DEMENTIAS AND THEIR FAMILIES SUBPART 1—RESPONSIBILITIES OF THE NATIONAL INSTITUTE ON AGING RESEARCH PROGRAM AND PLAN

Grants. 42 USC 11241.

SEC. 941. (a) The Director of the National Institute on Aging shall conduct, or make grants for the conduct of, research relevant to appropriate services for individuals with Alzheimer's disease and related dementias and their families. (b)il) Within 6 months after the date of enactment of this Act, the Director of the National Institute on Aging shall prepare and transmit to the Chairman of the Council a plan for the research to be conducted under subsection (a). The plan shall— (A) provide for research concerning— (i) the epidemiology of, and the identification of risk factors for, Alzheimer's disease and related dementias; and (ii) the development and evaluation of reliable and valid i:, multidimensional diagnostic and assessment procedures and instruments; and (B) ensure that research carried out under the plan is coordinated with, and uses, to the maximum extent feasible, resources of, other Federal programs relating to Alzheimer's disease and related dementias, including centers supported under section 445 of the Public Health Service Act, centers supported by the National Institute of Mental Health on the psychopathology of the elderly, relevant activities of the Administration on Aging, other programs and centers involved in research on Alzheimer's disease and related dementias supported by the Department, and other programs relating to Alzheimer's disease and related dementias which are planned or conducted by Federal agencies other than the Department, State or local agencies, community organizations, or private foundations.

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100 STAT. 3809

(2) Within one year after transmitting the plan required under paragraph (1), and annually thereafter, the Director of the National Institute on Aging shall prepare and transmit to the Chairman of the Council such revisions of such plan as the Director considers appropriate. (c) In preparing and revising the plan required by subsection (b), the Director of the National Institute on Aging shall consult with the Chairman of the Council and the heads of agencies within the Department. DISSEMINATION

SEC. 942. The Director of the National Institute on Aging shall Research and disseminate the results of research conducted under this subpart to development 42 USC 11242. appropriate professional entities and to the public. AUTHORIZATION OF APPROPRIATIONS

SEC. 943. To carry out this subpart, there are authorized to be appropriated $2,000,000 for each of fiscal years 1988 through 1991.

42 USC 11243.

Subpart 2—Responsibilities of the National Institute of Mental Health RESEARCH PROGRAM AND PLAN

SEC. 944. (a) The Director of the National Institute of Mental Health shall conduct, or make grants for the conduct of, research relevant to appropriate services for individuals with Alzheimer's disease and related dementias and their families. (b)(1) Within 6 months after the date of enactment of this Act, the Director of the National Institute of Mental Health shall prepare and transmit to the Chairman of the Council a plan for the research to be conducted under subsection (a). The plan shall— (A) provide for research concerning— (i) mental health services and treatment modalities relevant to the mental, behavioral, and psychological problems associated with Alzheimer's disease and related dementias; (ii) the most effective methods for providing comprehensive multidimensional assessments to obtain information ji, ™ about the current functioning of, and needs for the care of, individuals with Alzheimer's disease and related dementias; (iii) the optimal range and cost-effectiveness of community and institutional services for individuals with Alzheimer's diseeise and related dementias and their families, particularly with respect to the design of such services, appropriate staffing for the provision of such services, the timing of such services during the progression of such disease or dementias, and the appropriate mix and coordination of such services; (iv) the efficacy of various special care units in the United States for individuals with Alzheimer's disease, including an gissessment of the costs incurred in operating such units, appropriate standards to be used by such units, and the measurement of patient outcomes in such units; (v) methods to combine formal support services provided by health care professionals for individuals with Alz-

Grants. 42 USC 11251.

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 100 STAT. 3810

c

.

-

42 USC 289h. -

PUBLIC LAW 99-660—NOV. 14, 1986

heimer's disease and related dementias with informal support services provided for such individuals by their families, friends, and neighbors, including services such as day care services, respite care services, home care services, and nursing home services, and an evaluation of the services actually used for such individuals and the sources of payment for such services; (vi) methods to sustain family members who provide care for individuals with Alzheimer's disease and related dementias through interventions to reduce psychological and social problems and physical problems induced by stress; and (vii) improved methods to deliver services for individuals with Alzheimer's disease and related dementias and their families, including services such as outreach services, comprehensive assessment and care management services, outpatient treatment services, home care services, respite care services, adult day care services, partial hospitalization services, and nursing home services; and (B) ensure that research carried out under the plan is coordinated with, and uses, to the maximum extent feasible, resources of, other Federal programs relating to Alzheimer's disease and dementia, including centers supported under section 445 of the Public Health Service Act, centers supported by the National Institute of Mental Health on the psychopathology of the elderly, relevant activities of the Administration on Aging, other programs and centers involved in research on Alzheimer's disease and related dementias supported by the Department, and other programs relating to Alzheimer's diseeise and related dementias which are planned or conducted by Federal agencies other than the Department, State or local agencies, community organizations, or private foundations. (2) Within one year after transmitting the plan required under paragraph (1), and annually thereafter, the Director of the National Institute of Mental Health shall prepare and transmit to the Chairman of the Council such revisions of such plan as the Director considers appropriate. (c) In preparing and revising the plan required by subsection 0)), the Director of the National Institute of Mental Health shall consult with the Chairman of the Council and the heads of agencies within the Department. DISSEMINATION

Research and 4p\®Tap?foco

SEC. 945. The Director of the National Institute of Mental Health shall disseminate the results of research conducted under this subpart to appropriate professional entities and to the public. '

42 USC 11253.

AtJTHORIZATION OF APPROPRIATIONS

SEC. 946. To carry out this subpart, there are authorized to be appropriated $2,000,000 for each of fiscal years 1988 through 1991.

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100 STAT. 3811

Subpart 3—Responsibilities of the National Center for Health Services Research and Health Care Technology Assessment RESEARCH PROGRAM AND PLAN

SEC. 947. (a) The Director of the National Center for Health Grants. Services Research and Hesdth Care Technology Assessment shall ^2 USC 11261. conduct, or make grants for the conduct of, research relevant to appropriate services for individuals with Alzheimer's disease and related dementias and their families. (b)(1) Within 6 months after the date of enactment of this Act, the Director of the National Center for Health Services Research and Health Care Technology Assessment shall prepare and transmit to the Chairman of the Council a plan for the research to be conducted under subsection (a). The plan shall— (A) provide for the inventory and analysis of existing data and studies relevant to Alzheimer's disease and related dementias, including data and studies available through the Health Care Financing Administration, the Administration on Aging, the National Center for Health Statistics, the Office of Human Development Services, the Office of the Assistant Secretary for Planning and Evaluation, and the Veterans' Administration; (B) provide for research concerning the costs incurred by individuals with Alzheimer's disease and related dementias in obtaining services, particularly services which are essential to such inchviduals and which are not needed by other patients under long-term care; (C) provide for research on the costs of various interventions to provide services for individuals with Alzheimer's disease and related dementias and their families; (D) provide for research on the cost-effectiveness of various service interventions for individuals with Alzheimer's disease and related dementias and their families; and (E) ensure that research carried out under the plan is coordinated with, and uses, to the maximum extent feasible, resources of, other Federal programs relating to Alzheimer's disease and dementia, including centers supported under section 445 of the Public Health Service Act, centers supported by the National 42 USC 289h. Institute of Mental Health on psychopathology of the elderly, relevant activities of the Administration on Aging, other programs and centers involved in research on Alzheimer's disease and related dementias supported by the Department, and other programs relating to Alzheimer's disease and related dementias which are planned or conducted by Federal agencies other than the Department, State or local agencies, community organizations, or private foundations. (2) Within one year after transmitting the plan required under paragraph (1), and annually thereafter, the Director of the National Center for Health Services Research and Health Care Technology Assessment shall prepare and transmit to the Chairman of the Council such revisions of such plan as the Director considers appropriate. (c) In preparing and revising the plsm required by subsection (b), the Director of the National Center for Health Services Research and Health Care Technology Assessment shall consult with the Chairman of the Council and the heads of agencies within the Department.

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PUBLIC LAW 99-660—NOV. 14, 1986 DISSEMINATION

Research and development. 42 USC 11262.

SEC. 948. The Director of the National Center for Health Services Research and Health Care Technology Assessment shall disseminate the results of research conducted under this subpart to appropriate professional entities and to the public. AUTHORIZATION OF APPROPRIATIONS

42 USC 11263.

SEC. 949. To carry out this subpart, there are authorized to be appropriated $2,000,000 for each of fiscal years 1988 through 1991. Subpart 4—Responsibilities of the Health Care Financing Administration i

Grants. 42 USC 11271.

RESEARCH PROGRAM AND PLAN

SEC. 949A. (a) The Administrator of the National Health Care Financing Administration shall conduct, or make grants for the conduct of, research relevant to appropriate services for individuals with Alzheimer's disease and related dementias and their families. (b)(1) Within 6 months after the date of enactment of this Act, the Administrator of the Health Care Financing Administration shall prepare and transmit to the Chairman of the Council a plan for research to be conducted under (a). The plan shall— (A) provide for a determination of the types of services required by individuals with Alzheimer's disease and related dementias and their families to allow such individuals to remain living at home or in a community-based setting; (B) provide for a determination of the costs of providing needed services to individuals with Alzheimer's disease and related dementias and their families, including the expenditures for institutional, home, and community-based services and the source of payment for such expenditures; (C) provide for an assessment of the adequacy of benefits provided through the Medicare and Medicaid programs and through private health insurance for needed services for individuals with Alzheimer's disease and related dementias and their families; and (D) provide for a determination of the costs to the Medicare and Medicaid programs and to private health insurers (if available) of providing covered benefits to individuals with Alzheimer's disease and related dementias and their families. (2) Within one year after transmitting the plan required under paragraph (1), and annually thereafter, the Administrator of the Health Care Financing Administration shall prepare and transmit to the Chairman of the Council such revisions of such plan as the Administrator considers appropriate. (c) In preparing and revising the plan required by subsection (b), the Administrator of the Health Care Financing Administration shall consult with the Chairman of the Council and the heads of agencies within the Department. DISSEMINATION

42 USC 11272.

SEC. 949B. The Administrator of the Health Care Financing Administration shall disseminate the results of research conducted

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100 STAT. 3813

under this subpart to appropriate professional entities and to the public. AUTHORIZATIONS OF APPROPRIATIONS

SEC. 949C. To carry out this subpart, there are authorized to be appropriated $2,000,000 for each of fiscal years 1988 through 1991.

42 USC 11273.

PART F—DISSEMINATION CLEARINGHOUSE ON ALZHEIMER S DISEASE

SEC. 951. (a) The Director of the National Institute on Aging shall establish the Clearinghouse on Alzheimer's Disease (hereinafter referred to as the "Clearinghouse"). The purpose of the Clearinghouse is the dissemination of information concerning services available for individuals with Alzheimer's disease and related dementias and their families. The Clearinghouse shall— (1) compile, archive, and disseminate information concerning research, demonstration, evaluation, and training programs and projects concerning Alzheimer's disease and related dementias; and (2) annually publish a summary of the information compiled under paragraph (1) during the preceding 12-month period, and make such information available upon request to appropriate individuals and entities, including educational institutions, research entities, and Federal and public agencies. O> The Clearinghouse may charge an appropriate fee for informat) tion provided through the toll-free telephone line established under subsection (a)(3). (c) The Director of the National Institute on Aging, the Director of the National Institute of Mental Health, and the Director of the National Center for Health Services Research and Health Care Technology Assessment shall provide to the Clearinghouse summaries of the findings of research conducted under part E.

42 USC 11281.

Research and development.

Research and development. Education.

eommunications and telecommunications.

Ante, p. 3808.

DISSEMINATION PROJECT

SEC. 952. (a) The Director of the National Institute on Aging shall make a grant to, or enter into a contract with, a national organization representing individuals with Alzheimer's disease and related dementias for the conduct of the activities described in subsection (b). OJ) The organization receiving a grant or contract under this section shall— (1) establish a central computerized information system to— (A) compile and disseminate information concerning initiatives by State and local governments and private entities to provide programs and services for individuals with Alzheimer's disesise and related dementias; and (B) translate scientific and technical information concerning such initiatives into information readily understandable by the general public, and make such information available upon request; and (2) establish a national toll-free telephone line to make available the information described in paragraph (1), and information concerning Federal programs, services, and benefits for

Grants. Contracts. 42 USC 11282.

Science and technology. State and local governments.

eommunications and telecommunications.

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 100 STAT. 3814

PUBLIC LAW 99-660—NOV. 14, 1986

individuals with Alzheimer's disease and related dementias and their families. (c) The organization receiving a grant or contract under this section may charge appropriate fees for information provided through the toll-free telephone line established under subsection (b)(2), and may make exceptions to such fees for individuals and organizations who are not financially able to pay such fees. (d) In order to receive a grant or contract under this section, an organization shall submit an application to the Director of the National Institute on Aging. Such application shall contain— (1) information demonstrating that such organization has a network of contacts which will enable such organization to receive information necessary to the operation of the central computerized information system described in subsection (b)(1); (2) information demonstrating that, by the end of fiscal year 1991, such organization will be financially able to, and will, carry out the activities described in subsection (b) without a grant or contract from the Federal Government; and (3) such other information as the Director may prescribe. AUTHORIZATION OF APPROPRIATIONS

42 USC 11283.

SEC. 953. To carry out this part, there are authorized to be appropriated $300,000 for each of the fiscal years 1988 through 1991. PART G—EDUCATIONAL ACTIVITIES PROVIDING INFORMATION FOR PERSONNEL OF THE SOCIAL SECURITY ADMINISTRATION

42 USC 11291.

42 USC 401 et seq, 1381 et seq.

SEC. 961. (a) The Secretary shall develop a mechanism to ensure the prompt provision of the most current information concerning Alzheimer's disease and related dementias to the Commissioner of Social Security, particularly information which will increase the understanding of personnel of the Social Security Administration concerning such disease and dementias. (b) The Commissioner of Social Security shall ensure that information received under subsection (a) is provided to personnel of the Social Security Administration, particularly personnel involved in the process of determining, for purposes of titles II and XVI of the Social Security Act, whether an individual is under a disability. EDUCATION PROGRAMS FOR PROVIDERS OF CARE FOR INDIVIDUALS WITH ALZHEIMER'S DISEASE

Physicians. Nurses. Psychologists. Social workers. Therapists. 42 USC 11292. 42 USC 289h.

SEC. 962. The Director of the National Institute on Aging, through centers supported under section 445 of the Public Health Service Act, professional associations, and continuing education programs, shall conduct education and information dissemination activities concerning the special problems of individuals with Alzheimer's disease and their families. Such activities shall be designed to enhance the understanding of such problems by individuals who provide care for individuals with Alzheimer's disease and related dementias, including physicians, nurses, psychologists, social workers, occupational therapists, nursing home administrators, nurses, and health care aides. i; ^ t '; ^3i«t0 ' ' r

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 100 STAT. 3815

PUBLIC LAW 99-660-NOV. 14, 1986

EDUCATION PROGRAMS FOR SAFETY AND TRANSPORTATION PERSONNEL

SEC. 963. The Director of the National Institute on Aging, through 42 USC 11293. centers supported under section 445 of the Public Health Service Act, training academies, and continuing education programs, shall 42 USC 289h. conduct education and information dissemination activities concerning Alzheimer's disease and related dementias for personnel involved in ensuring the public safety and providing public transportation. Such activities shall be designed to enhance the ability of such personnel to respond appropriately to individuals with Alzheimer's disease and related dementias whom such personnel may encounter in the course of their employment. ^ "

AUTHORIZATION OF APPROPRIATIONS

SEC. 964. To carry out this part, there are authorized to be 42 USC 11294. appropriated $1,000,000 for each of the fiscal years 1988 through 1991. Approved November 14, 1986.

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LEGISLATIVE HISTORY—S. 1744: SENATE REPORTS: No. 99-380 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 12, considered and passed Senate. Oct. 17, considered and passed House, amended. Oct. 18, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 14, Presidential statement.

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 100 STAT. 3816

PUBLIC LAW 99-661—NOV. 14, 1986

Public Law 99-661 99th Congress An Act Nov. 14, 1986 [S. 2638]

National Defense Authorization Act for Fiscal Year 1987.

To authorize appropriations for fiscal year 1987 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to improve the defense acquisition process, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE

This Act may be cited as the "National Defense Authorization Act for Fiscal Year 1987". SEC. 2. ORGANIZATION

This Act is divided into four divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Other National Defense Authorizations. (4) Division D—Child Nutrition Programs.

Department of Defense Authorization Act, 1987.

i

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS SEC. 100. SHORT TITLE; TABLE OF CONTENTS

(a) SHORT TITLE.—This division may be cited as the "Department of Defense Authorization Act, 1987". (b) TABLE OF CONTENTS OF DIVISION.—The table of contents of this division is as follows: Sec. 100. Short title; table of contents. TITLE I—PROCUREMENT PART A—FUNDING AUTHORIZATIONS

Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106.

Army. Navy and Marine Corps. Air Force. Defense Agencies. Reserve components. Extension of authority provided the Secretary of Defense in connection with the NATO Airborne Warning and Control System (AWACS) program. Sec. 107. Multiyear contracts for fiscail year 1987. Sec. 108. Air Force fighter competition. PART B—ARMY PROGRAM LIMITATIONS

Sec. 121. Testing of Bradley Fighting Vehicle. Sec. 122. Other limitations on Army procurement.

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 PUBLIC LAW 99-661—NOV. 14, 1986 PART C—NAVY PROGRAM LIMITATIONS

100 STAT. 3817

f

Sec. 131. DDG-51 destroyer program. Sec. 132. Basic Point Defense Missile System on amphibious vessels. Sec. 133. Rolling Airframe Missile Program. PART D—AIR FORCE PROGRAM LIMITATIONS

Sec. 141. Advanced Technology Bomber. Sec. 142. Prohibition on using funds authorized for the Advanced Technology Bomber and the Advanced Cruise Missile programs for any other purpose and limitation on the B-IB bomber fleet to 100 aircraft. Sec. 143. C-17 Aircraft Program. Sec. 144. Advanced Medium-Range Air-to-Air Missile Program. Sec. 145. T-46 Aircraft Program. PART E—CHEMICAL WEAPONS

Sec. 151. Authorization of appropriations for chemical demilitarization program. Sec. 152. Limitation on the expenditure of funds for the BIGEYE binary chemical bomb. Sec. 153. Chemical weapons, agents, or components at Lexington-Bluegrass Depot. Sec. 154. Report on chemical weapons demilitarization program. Sec. 155. Technical amendment to Public Law 99-145 relating to binary chemical munitions. ^:^

TITLE II—RESEARCH, DEVELOPMENT. TEST AND EVALUATION PART A—AUTHORIZATIONS OF APPROPRIATIONS AND PROGRAM LIMITATIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206. 207. 208. 209.

Authorization of appropriations. Limitation on Copperhead Guided Projectile, Limitations on funds for the Navy. Limitations on funds for the Air Force. Limitation on funds for Defense Agencies. Other limitations. Advanced Anti-Armor Weapon System. Electronic Warfare Master Plan. Limitation on testing electromagnetic pulse.

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PART B—STRATEGIC DEFENSE INITIATIVE

Sec. 211. Fiscal year 1987 funding level for Strategic Defense Initiative. Sec. 212. Tactical ballistic missile defense. Sec. 213. Limitation on establishment of a federally funded research and development center for the Strategic Defense Initiative Program. Sec. 214. Report on projected costs of SDI program. Sec. 215. Report on Strategic Defense Initiative deployment schedule. Sec. 216. Effect of Strategic Defense Initiative on compliance with the Anti-Ballistic Missile Treaty. Sec. 217. Report on the Anti-Ballistic Missile Treaty. ,,i,;«..^r.„^.^ PART C—BALANCED TECHNOLOGY INITIATIVE

Sec. 221. Conventional Defense Initiative. Sec. 222. Balanced Technology Initiative. PART D—MISCELLANEOUS

Sec. 231. Limitation on testing of anti-satellite weapons. Sec. 232. ICBM modernization. Sec. 233. Restriction on use of research and development funds for grants to educational institutions. Sec. 234. Coordination of research activities of Department of Defense. Sec. 235. Cooperative medical research with the Veterans' Administration.

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 100 STAT. 3818

PUBLIC LAW 99-661—NOV. 14, 1986 TITLE III—OPERATION AND MAINTENANCE PART A—AUTHORIZATIONS OF APPROPRIATIONS

Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305.

• '

Operation and maintenance funding. Working capital funds. Authorization of appropriations for assistance to Pan American Games. Transportation of livestock feed. Authority for payments to NASA for space shuttle services. PART B—PROGRAM CHANGES AND PERMANENT LAW CHANGES

Sec. 311. Contract personnel to be included in budget justification. Sec. 312. Procurement of certain bakery and dairy products outside the United States. Sec. 313. Functions of military commissaries; purchase of alcoholic beverages by nonappropriated fund instrumentalities. Sec. 314. Authority for Secretary of Defense to accept gifts for the defense dependents' education system. Sec. 315. Renovation of facilities. Sec 316. Prohibition of purcheise of petroleum products from companies producing oil in Angola. Sec. 317. Prohibition of contracts for the performance of certain Army ammunition activities. Sec. 318. National Board for the Promotion of Rifle Practice. Sec. 319. Prohibition on joint use of Gray Army Airfield with civil aviation. Sec. 320. Report on proposed regulations relating to movement of household goods and cargo. PART C—HUMANITARIAN AND OTHER ASSISTANCE

^

Sec. 331. Extension of authorization for humanitarian assistance. ' ' '"• Sec. 332. Extension of authority of Secretary of Defense to transport humanitarian relief supplies to certain countries. Sec. 333. Humanitarian and civic assistance provided in conjunction with military operations. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS AND RELATED MATTERS PART A—ACTIVE FORCES

Sec. 401. End strengths for active forces. Sec. 402. Extension of quality control on enlistments into the Army. Sec. 403. Strength of active duty officer corps.

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PART B—RESERVE FORCES

Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserve components. Sec. 413. Accounting for certain authorized reserve component members. PART C—MILITARY TRAINING

Sec. 421. Military training student loads. TITLE V—DEFENSE PERSONNEL POLICY

.

. •''-'

PART A—ACTIVE FORCES

Sec. Sec. Sec. Sec.

501. 502. 503. 504.

Assignment of active-duty members outside the United States. Service of members on State and local juries. Extension of expiring authority for spot promotions of Navy lieutenants. Repeal of requirement regarding enlistment of women in the Air Force during fiscal year 1987. Sec. 505. Authority to exempt physicians at Uniformed Services University of the Health Sciences from reductions in retired pay.

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100 STAT. 3819

Sec. 506. Treatment of excess leave upon reenlistment. Sec. 507. Termination of gender-based distinctions in promotions of officers of the Naval Reserve and Marine Corps Reserve. Sec. 508. Senate confirmation of certain general and flag officer positions. Sec. 509. Position of Staff Judge Advocate to the Commandant of the Marine Corps. Sec. 510. Technical correction relating to personnel administration at Air Force Institute of Technology. Sec. 511. Temporary increase in the number of general and flag officers authorized to be on active duty in three- and four-star grades. Sec. 512. Study on staffing of critical wartime medical specialities. Sec. 513. Study of representation of religious faiths in the Armed Forces. PART B—RESERVE FORCES

Sec. 521. Increased Presidential authority to augment active forces with the Selected Reserve. Sec. 522. Active duty of National Guard. Sec. 523. Treatment of single parents enlisting in Reserve components of the Armed Forces. Sec. 524. Active-duty status of reserve component members in a captive status. PART C—CIVIUAN PERSONNEL

Sec. 531. Waiver of civilian personnel ceilings for fiscal year 1987. Sec. 532. Prohibition on managing civilian personnel by end-strengths during fiscal year 1987. Sec. 533. Prohibition on controlling personnel not funded by Government. Sec. 534. Reduction in number of years person must be off active duty before appointment as Service Secretary. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS PART A—PAY AND ALLOWANCES

Sec. Sec. Sec. Sec.

601. 602. 603. 604.

Military pay raise for fiscal year 1987. Authority to pay ROTC members in advance for field training. Reimbursement for accommodations in place of quarters. Pay, allowances, and benefits for members of the reserve components. PART B—TRAVEL AND TRANSPORTATION

Sec. 611. Transportation of motor vehicles for members making permanent changes of station. Sec. 612. Coordination of permanent change of station moves with school year. Sec. 613. Authorization limit on funds for PCS travel. Sec. 614. Reimbursement for actual lodging expenses plus per diem for members entitled to travel allowances. Sec. 615. Transportation and travel allowances for escorts for certain dependents. Sec. 616. Travel expenses for overseas dependents requiring medical care in certain circumstances. Sec. 617. Per diem for dependents receiving transportation allowance. Sec. 618. Modification of family separation allowance. Sec. 619. Improved dislocation allowance. Sec. 620. Transportation and storage of household goods. PART C—BONUSES AND SPECIAL AND INCENTIVE PAYS

Sec. 631. Enhanced aviation officer continuation pay. Sec. 632. Inclusion of aviation cadets under aviation career incentive pay. Sec. 633. Special authority relating to the payment of Selected Reserve enlistment bonus. Sec. 634. Special pay for members proficient in foreign languages.

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 100 STAT. 3820

PUBLIC LAW 99-661—NOV. 14, 1986 PART D—BENEFITS F R SURVIVORS AND FORMER SPOUSES O

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Sec. Sec. Sec. Sec.

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641. 642. 643. 644.

Court-ordered survivor annuities for former spouses. Annuity for a dependent child. " " - • •'-• Age at which remarriage terminates spouse survivor benefit. Revision of definition of disposable retired pay for purposes of court orders. Sec. 645. Revision of open period to elect former spouse and child coverage. Sec. 646. Extension of medical benefits for certain former spouses. '' * PART E—MISCELLANEOUS BENEFITS

''\., _

,-'

Sec. 651. Tuition assistance for Army reserve component officers. Sec. 652. Benefits for dependents of certain sentenced, discharged, or dismissed members. Sec. 653. Improved employment opportunities for military spouses. Sec. 654. Retirement credit for certain former National Guard technicians. Sec. 655. Meal reimbursement for nonprofit youth groups residing at military installations. Sec. 656. Limited use of commissary stores by members of the Selected Reserve. PART F—ADMINISTRATION OF PERSONNEL BENEFITS

Sec. 661. Enhanced method for determining true costs of military retirement. Sec. 662. Authority to pay bank charges in the event of Government error in mandatory direct deposit of members' pay. Sec. 663. Cost reductions for fiscal year 1987. , _. .%.,^p TITLE VII—HEALTH-CARE MANAGEMENT REFORM ' Sec. Sec. Sec. Sec. Sec. Sec.

Improvement of military health-care delivery system. CHAMPUS reform initiative. " * CHAMPUS catchment areas. Medical information systems acquisition. Confidentiality of medical quality assurance records. Use of Public Health Service hospitals as facilities of the uniformed services. Sec. 707. Limitation on dental insurance program. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

701. 702. 703. 704. 705. 706.

801. 802. 803. 804. 805. 806. 807. 808.

TITLE VIII—UNIFORM CODE OF MILITARY JUSTICE Short title; references to Uniform Code of Military Justice. Defense of lack of mental responsibility. Application for enlisted members to serve on court-martial. Court-martial jurisdiction over Reserve members. Statute of limitations. Time for defense post-trial submissions. "^ ^ Detail of judge advocates. •-''^ ' Effective date.

.' '. '"^ \<-

TITLE IX—PROCUREMENT POLICY REFORM Sec. 900. Short title. PART A—MANAGEMENT OF THE Act^uisiTioN PROCESS

'

Sec. 901. Duties and precedence of Under Secretary of Defense for Acquisition. Sec. 902. Establishment of position of Deputy Under Secretary of Defense for Acquisition. Sec. 903. Other senior civilian acquisition officials. Sec. 904. Enhanced program stability for major defense acquisition programs. Sec. 905. Defense enterprise programs. Sec. 906. Milestone authorization of defense enterprise programs. " Sec. 907. Preference for nondevelopmental items. '"' < Sec. 908. Requirements relating to undefinitized contractual actions.

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100 STAT. 3821

Sec. 909. Competitive prototype strategy requirement for major defense acquisition programs. Sec. 910. Testing of certain weapon systems and munitions. Sec. 911. Goals for increased use of multiyear contracting authority in fiscal year 1988. Sec. 912. Federally funded research and development centers. PART B—REQUIREMENTS RELATING TO THE ACQUISITION PROCESS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

921. 922. 923. 924. 925. 926. 927. 928.

Small business set-asides. Thresholds for certain requirements relating to small purchases. Requirements relating to procedures other than competitive procedures. Evaluation factors in award of contracts. (Computation of contract bid prices. Prices for spare or repair parts sold commercially. Allocation of overhead to parts to which contractor has added little value. Clarification of requirements to mark supplies to identify suppliers and sources. PART C—PROCUREMENT PERSONNEL POLICY

Sec. Sec. Sec. Sec.

931. 932. 933. 934.

Conflict-of-interest in defense procurement. Plan for enhancement of professionalism of acquisition personnel. Educational requirements for acquisition personnel. Plan for coordination of defense acquisition educational programs. PART D—REQUIREMENTS'RELATING TO DEFENSE CONTRACTORS

Sec. 941. Codification and extension of prohibition on persons convicted of defensecontract related felonies and related criminal penalty on defense contractors. Sec, 942. Protection of contractor employees from reprisal for disclosure of certain information. Sec. 943. Revision of work measurement provisions. PART E—MISCELLANEOUS

Sec. 951. Contracting with firms owned or controlled by governments that support terrorism. Sec. 952. Truth-in-Negotiations Act Amendments. Sec. 953. Rights in technical data. Sec. 954. Recovery of costs to provide technical data. Sec. 955. Comparable budgeting for similar systems. Sec. 956. Funding of procurement technical assistance programs serving distressed areas. Sec. 957. Subcontractor information to be provided to procurement outreach centers. PART F—MISCELLANEOUS REPORTS

Sec. 961. Selected Acquisition Reports. Sec. 962. Report on efforts to increase defense contract awards to Indian-owned businesses. Sec. 963. Report on increased geographic distribution on defense contractors. TITLE X—MATTERS RELATING TO ARMS CONTROL Sec. 1001. Sense of the Congress relating to SALT II compliance. Sec, 1002. Sense of the Congress on nuclear testing. Sec. 1003. Report by the Chairman of the Joint Chiefs of Staff on United States non-compliance with existing strategic offensive arms agreements. Sec. 1004. Sense of Congress expressing support for a central role for nuclear risk reduction centers.

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 100 STAT. 3822

PUBLIC LAW 99-661—NOV. 14, 1986 TITLE XI—MATTERS RELATING TO NATO

Sec. 1101. Modernization of defense capabilities of countries of NATO's southern flank. Sec. 1102. NATO cooperative logistic support agreements. . Sec. 1103. Cooperative projects. ' ? * Sec. 1104. Acquisition and cross-servicing agreements. Sec. 1105. Cooperative research and development with non-NATO allies and other friendly countries. TITLE XII—DEPARTMENT OF DEFENSE MANAGEMENT

•^ ^

PART A—MANAGEMENT OF CERTAIN PROCUREMENT MATTERS

^

Sec. 1201. Contracts for overhaul, repair, and maintenance of naval vessels. Sec. 1202. Handling of hazardous waste generated during repair or maintenance of naval vessels. Sec. 1203. Limitation on transfer of certain technical data packages. Sec. 1204. Requirements concerning transportation of members of the Armed Forces by chartered aircraft. Sec. 1205. Fuel sources for heating systems on military installations. Sec. 1206. Review of the security administration in defense industry of Department of Defense special access programs. Sec. 1207. Contract goal for minorities. Sec. 1208. Manpower estimates for major defense acquisition programs. PART B—ECONOMY AND EFFICIENCY

Sec. 1221. Increase in threshold applicable to statutory contracting-out procedures. Sec. 1222. Prohibition on contracts for performance of firefighting and security functions. Sec. 1223. Contracting out the performance of Department of Defense supply and service functions. Sec. 1224. Reports on savings or costs from increased use of civilian personnel. TITLE XIII—GENERAL PROVISIONS PART A—FINANCIAL MATTERS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1301. 1302. 1303. 1304. 1305. 1306. 1307. 1308. 1309. 1310.

Transfer authority. i: Authorization of appropriations for civilian pay and contingencies. Authorization of appropriations for foreign currency purchases. ' Special Defense Acquisition Fund. Limitation on obligation of fiscal year 1985 and fiscal year 1986 funds. Applicability of limitations on fiscal year 1987 obligations. Reports on unobligated balances. Report on defense budgeting and contract procedures for inflation. Debt collection. Contingent reduction of authorization of appropriations. PART B—SPECIAL OPERATIONS MATTERS

Sec. 1311. Special operations forces. Sec. 1312. Special operations airlift.

. .-,

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PART C—AUTHORIZATION OF PAYMENT OF CERTAIN EXPENSES WITH RESPECT TO DEVELOPING COUNTRIES

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Sec. 1321. Authority to pay expenses of developing countries for participation in combined military exercises. Sec. 1322. Authority to pay certain expenses of defense personnel of foreign countries. ,_

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.

PART D—MISCELLANEOUS REPORTS

Sec. 1331. Army National Guard reporting. Sec. 1332. Submarine overhaul study.

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100 STAT. 3823

Sec. 1333. Report on landing area for AV-8B Harrier aircraft on Iowa-class battleship. Sec. 1334. Report on cleanup of National Presto Industries. PART E—TECHNICAL AND CLERICAL AMENDMENTS

Sec. 1341. Technical correction to Department of Defense Authorization Act, 1985. Sec. 1342. Technical corrections to provisions enacted by Department of Defense Authorization Act, 1986. Sec. 1343. Clerical amendments. PART F—MISCELLANEOUS

Sec. Sec. Sec. Sec. Sec.

1351. 1352. 1353. 1354. 1355.

Limitation on source of funds for Nicaraguan democratic resistance. Budget accounting for new space shuttle. Prompt reporting of intelligence on terrorist threats. Use of marine mammals for national defense purposes. Reimbursement for incidental expenses incurred while providing voluntary services. Sec. 1356. Defense of legal malpractice suits. Sec. 1357. Off-post rental housing lease indemnity pilot program. Sec. 1358. Wage rate for certain Corps of Engineers employees. Sec. 1359. Reimbursement for transferred defense industrial reserve equipment. Sec. 1360. Extension of exemption for DOD polygraph test. Sec. 1361. Identification of facilities for the detention of certain aliens. Sec. 1362. Correctional facilities at Fort Riley, Kansas. Sec. 1363. Minuteman Education Program. Sec. 1364. Foreign espionage activities in the United States. Sec. 1365. Civil Air Patrol. Sec. 1366. Amendment of Military Selective Service Act to provide eligibility for benefits to certain persons who fail to register. Sec. 1367. Correction of effects of contamination at Rocky Mountain Arsenal. Sec. 1368. Sense of Congress regarding the death of Lieutenant Colonel Arthur D. Nicholson, Junior. Sec. 1369. Deadline for appointment of members of Commission on Merchant Marine and Defense. Sec. 1370. Availability of nuclear non-proliferation information to Department of Defense. Sec. 1371. Nuclear winter study and report. Sec. 1372. Sale of two naval vessels. Sec. 1373. Drug interdiction. Sec. 1374. Grants to the Henry M. Jackson Foundation. Sec. 1375. Budget accounting for new space shuttle. TITLE XIV—BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION PROGRAM Sec. Sec. Sec. Sec.

1401. 1402. 1403. 1404.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1405. 1406. 1407. 1408. 1409. 1410. 1411. 1412.

Short title. Findings. Definitions. Establishment of the Barry Goldwater Scholarship and Excellence in Education Foundation. Barry Goldwater Scholarship and Excellence in Education Awards. Stipends. Scholarship conditions. Barry Goldwater Scholarship and Excellence in Education Fund. Expenditures from the Fund. Executive secretary. Administrative provisions. Authorization of appropriations.

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 100 STAT. 3824

PUBLIC LAW 99-661—NOV. 14, 1986 TITLE I—PROCUREMENT

I J

PART A—FUNDING AUTHORIZATIONS SEC. 101. ARMY

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal year 1987 for procurement for the Army as follows: (1) For aircraft, $2,725,500,000. (2) For missiles, $2,150,900,000. (3) For weapons and tracked combat vehicles, $3,888,100,000. (4) For ammunition, $2,126,100,000. (5) For other procurement, $5,112,753,000, of which— ^ (A) $787,200,000 is for tactical and support vehicles; ..fee (B) $3,083,953,000 is for communications and electronics equipment; and (C) $1,355,500,000 is for other support equipment. OJ) LIMITATION ON OBLIGATIONS.—The maximum amount that may be obligated from a procurement account of the Army for fiscal year 1987 is the amount authorized to be appropriated for such account under subsection (a). SEC. 102. NAVY AND MARINE CORPS

.

no

(a) AIRCRAFT.—(1) Funds are hereby authorized to be appropriated for procurement of aircraft for the Navy for fiscal year 1987 in the amount of $9,828,069,000. (2) The maximum amount that may be obligated for procurement of aircraft for the Navy for fiscal year 1987 is the amount authorized to be appropriated under paragraph (1). (b) WEAPONS.—(1) Funds are hereby authorized to be appropriated for fiscal year 1987 in the total amount of $5,449,968,000 for procurement of weapons (including missiles and torpedoes) for the Navy. (2) Funds appropriated or otherwise made available for procurement of weapons (including missiles and torpedoes) for the Navy for fiscal year 1987 may not be obligated in excess of the following amounts: (A) For missile programs, $4,587,563,000. (B) For torpedo programs: • For the MK-48 torpedo program, $254,770,000. For the MK-46 torpedo program, $97,861,000. For the MK-60 CAPTOR mine program, $30,000,000. For the MK-50 torpedo program, $94,937,000. For the antisubmarine rocket (ASROC) program, $13,597,000. «' 'V PQJ. ^j^g vertical Launched ASROC program, $74,289,000. For the modification of torpedoes and related equipment, $97,705,000. For the torpedo support equipment program, $32,496,000. For the antisubmarine warfare range support program, ' $20,114,000. (C) For other weapons: For the MK-15 close-in weapon system program, $105,606,000. For the MK-75 76-millimeter gun mount program, $14,875,000. For other weapons programs, $72,721,000. (D) For spares and repair parts, $150,734,000.

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100 STAT. 3825

(c) SHIPBUILDING AND CONVERSION.—(1) Funds are hereby authorized to be appropriated for fiscal year 1987 for shipbuilding and conversion for the Navy in the total amount of $10,607,100,000. (2) Funds appropriated or otherwise made available for shipbuilding and conversion for fiscal year 1987 may not be obligated in excess of the following amounts: For the Trident submarine program, $1,446,400,000. For the SSN-688 nuclear attack submarine program, $2,250,800,000. For the SSN-21 nuclear attack submarine program, $454,300,000. For the aircraft carrier service life extension program (SLEP), $83,500,000. For the CG-47 Aegis cruiser program, $2,725,600,000. For the DDG-51 guided missile destroyer program, $2,470,100,000. For the LHD-1 amphibious assault ship program, $35,000,000. For the TAO-187 fleet oiler program, $259,000,000. For the TAGOS ocean surveillance ship program, $148,100,000. For the AOE fast combat support ship program, $499,000,000. For the AO (Jumbo) conversion program, $32,000,000. For the oceanographic research ship program, $33,000,000. For the strategic sealift and sealift enhancement ready reserve program, $48,500,000. For the TAGS auxiliary crane ship program, $61,100,000. For service craft and landing craft, $58,900,000. For ship contract design, $69,400,000. For outfitting and post delivery, $393,900,000. (d) OTHER PROCUREMENT, NAVY.—(1) Funds are hereby authorized to be appropriated for fiscal year 1987 for other procurement for the Navy in the amount of $5,826,942,000. (2) Funds appropriated or otherwise made available for other procurement for the Navy for fiscal year 1987 may not be obligated in excess of the following amounts: (A) For the ship support equipment program, $1,002,366,000. (B) For the communications and electronics equipment program, $1,944,630,000. (C) For aviation support equipment, $820,692,000. (D) For the ordnance support equipment program, $1,169,120,000. (E) For civil engineering support equipment, supply support equipment, and command support equipment, $708,442,000. (F) For spares and repair parts, $302,392,000. (e) MARINE CORPS.—(1) Funds are hereby authorized to be appropriated for fiscal year 1987 for procurement for the Marine Corps in the amount of $1,477,408,000. (2) Funds appropriated or otherwise made available for procurement for the Marine Corps for fiscal year 1987 may not be obligated in excess of the amount authorized to be appropriated in paragraph (1). (f) P-3 AIRCRAFT.—(1) Of the amount appropriated to the Navy for fiscal year 1987 for procurement of P-3C aircraft, not more than $120,000,000 is available for modification of existing P-3 aircraft, (2) From funds appropriated or otherwise made available to the Navy for procurement of aircraft for fiscal year 1987, the Secretary of the Navy may not obligate more than a total of $359,400,000 for—

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 100 STAT. 3826

PUBLIC LAW 99-661—NOV. 14, 1986

(A) procurement of P-3C aircraft; and (B) modifications to existing P-3 aircraft. (3) Of the P-3 aircraft procured by the Navy with funds appropriated to the Navy for procurement of aircraft for fiscal year 1986 or 1987, the Secretary of the Navy may use two such aircraft to carry out obligations of the United States under the classified Maritime Surveillance Agreement of 1986. SEC. 103. AIR FORCE

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal year 1987 for procurement of aircraft and missiles and for other procurement for the Air Force as follows: (1) For aircraft, $17,018,632,000. (2) For missiles, $7,570,472,000. (3) For other procurement, $9,180,923,000, of which— (A) $1,101,029,000 is for munitions and associated support equipment; (B) $300,196,000 is for vehicular equipment; (C) $2,461,159,000 is for electronics and telecommuni' cations equipment; and (D) $5,588,539,000 is for other base maintenance and support equipment. (b) LIMITATION ON OBLIGATIONS.—The maximum amount that may be obligated from a procurement account of the Air Force for fiscal year 1987 is the amount authorized to be appropriated for such account under subsection (a) plus, in the case of the appropriation account "Other Procurement, Air Force", the amount of $77,900,000. SEC. 104. DEFENSE AGENCIES

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal year 1987 for the Defense Agencies in the amount of $1,418,660,000. (b) LIMITATION OF OBLIGATION.—Funds appropriated or otherwise

made available for procurement for fiscal year 1987 for the Defense Agencies may not be obligated in excess of the amount authorized to be appropriated in subsection (a). SEC. 105. RESERVE COMPONENTS

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal year 1987 for procurement of aircraft, vehicles, communications equipment, and other miscellaneous equipment for the reserve components of the Armed Forces as follows: For the Army National Guard, $147,500,000. For the Air National Guard, $50,000,000. For the Army Reserve, $90,000,000. For the Naval Reserve, $61,000,000. For the Air Force Reserve, $150,000,000. . -, For the Marine Corps Reserve, $65,000,000. (b) AUTHORIZATIONS IN ADDITION TO OTHER

AMOUNTS.—The

authorizations of appropriations contained in subsection (a) are in addition to any other amounts authorized to be appropriated by this or any other Act. (c) FY87 LIMITATION ON OBLIGATIONS FOR UNBUDGETED ITEMS.—Of the amount appropriated or otherwise made available to the Department of Defense for fiscal year 1987 for procurement, not more than

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100 STAT. 3827

$563,500,000 may be obligated or expended for procurement of equipment for the reserve components of the Armed Forces (including the National Guard) for items not included in the President's budget for fiscal year 1987, as set forth in the budget justification documents submitted to Congress in support of the budget request for the Department of Defense. (d) FUTURE BUDGET REQUESTS FOR GUARD AND RESERVE EQUIP-

MENT.—Section 114 of title 10, United States Code (as redesignated by section 101(a) and amended by section 110(b) of the GoldwaterNichols Department of Defense Reorganization Act of 1986 (Public Law 99-433)), is amended by adding at the end the following new Ante, p. looi. subsection: "(f) In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for procurement of equipment for the reserve components of the armed forces (including the National Guard) shall be set forth separately from other amounts requested for procurement for the armed forces.". SEC. 106. EXTENSION OF CERTAIN AUTHORITY PROVIDED THE SECRETARY OF DEFENSE IN CONNECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) PROGRAM

Effective on October 1, 1986, section 103(a) of the Department of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is amended by striking out "fiscal year 1986" both places it appears and inserting in lieu thereof "fiscal year 1987". SEC. 107. MULTIYEAR CONTRACTS FOR FISCAL YEAR 1987

(a) ARMY.—Subject to subsections (d) and (e), the Secretary of the Army may enter into a multiyear contract under section 2306(h) of title 10, United States Code, for the following programs: (1) UH-60A Blackhawk airframe. (2) EH-60A Quick Fix airframe. (3) Patriot missile system. (4) Stinger air defense missile system. Ob) NAVY.—(1) Subject to subsection (d), the Secretary of the Navy may enter into a multiyear contract under section 2306(h) of title 1, United States Code, for the following programs: (A) HARM missile system. (B) MK-45 gun mounts. (C) MK-6 ammunition hoists. (2) The Secretary of the Navy may not enter into a multiyear contract for the procurement of the F/A-18 aircraft. (c) AIR FORCE.—Subject to subsection (d), the Secretary of the Air Force may enter into a multiyear contract under section 2306(h) of title 10, United States Code, for the Defense Support Program. (d) LIMITATIONS ON AUTHORIZED MULTIYEAR PROCUREMENTS.—The

Secretary concerned may not enter into a multiyear contract authorized by this section for a program unless the total anticipated cost for the program over the period of the contract is no more than 88 percent of the total anticipated cost of carrying out such program through annual contracts. In the case of the Defense Support Program, the preceding sentence shall be applied by substituting "80 percent" for "88 percent". (e) STINGER MISSILE.—(1) The Secretary of the Army may not enter into a contract for the multiyear procurement of the Stinger air defense missile until— (A) the Secretary—

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 100 STAT. 3828

PUBLIC LAW 99-661—NOV. 14, 1986

(i) obtains and evaluates bids for a competitive second source for such missile; and (ii) certifies to the Committees on Armed Services of the Senate and the House of Representatives that acquisition of 'i'i such missile from more than one source would be more costly than a multiyear procurement program from a single source; and (B) the Comptroller General of the United States evaluates the competitive proposals on the basis of which the Secretary made the decision referred to in subparagraph (A)(ii) and sub..:] W'.: mits his evaluation of the estimates to such committees. (2) The Comptroller General shall submit his evaluation under paragraph (1)(B) not later than 60 days after the date on which the certification of the Secretary under paragraph (1)(A) is received by such committees. SEC. 108. AIR FORCE FIGHTER COMPETITION

(a) MULTIYEAR CONTRACTS.—Subject to provisions of appropriations Acts, the Secretary of the Air Force may award a multiyear contract, that employs economic order quantity procurement, for the purchase of Air Defense Aircraft in accordance with section 2306(h) of title 10, United States Code, without prior notice to Congress if the results of the competitive source selection demonstrate that— (1) a multiyear contract will yield significant savings over the amount that would have resulted under an annual contract with the selected offeror; and (2) those savings have a positive present value. O> CANCELLATION CEILING.—Subject to provisions of appropriat) tions Acts, the cancellation ceiling associated with the first year of a multiyear contract under subsection (a) may be carried as an unfunded contingent liability subject to section 2306(h)(5) of title 10, United States Code. PART B—ARMY PROGRAM LIMITATIONS

•

SEC. 121. TESTING OF BRADLEY FIGHTING VEHICLE

(a) REQUIRED TESTING.—The Secretary of Defense shall require that testing of the Bradley Fighting Vehicle (including live-fire testing and testing of the operational combat performance) and evaluation of that testing are carried out in accordance with this section. OJ) TEST PLAN FOR SURVIVABILITY ENHANCEMENTS AND OPERATIONAL COMBAT PERFORMANCE.—(1) The Secretary of Defense shall

develop a plan for the testing and evaluation of the Bradley Fighting Vehicle required by subsection (a). The plan shall include testing of— (A) a version of the vehicle configured to include the survivability enhancements for the vehicle proposed by the Army (hereinafter in this section referred to as the "Army vehicle"); and (B) a version of the vehicle configured to include the concept of the so-called "minimum casualty vehicle" (hereinafter in this section referred to as the "minimum casualty vehicle"). (2) The plan developed under paragraph (1) shall include the following: (A) A plan for— c i.,4 #^: ^

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 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3829

(i) live-fire testing of the survivability of the Army vehicle and testing of the operational combat performance of such vehicle; and (ii) evaluation of such testing. (B) A plan for— (i) live-fire testing of the survivability of the minimum casualty vehicle and testing of the operational combat performance of such vehicle; and (ii) evaluation of such testing. (C) A plan for comparing the testing and evaluation under subparagraph (A) with the testing and evaluation under subparagraph (B). (3) The plan under paragraph (1) shall be developed to ensure that the testing of the Bradley Fighting Vehicle is the most realistic and suitable testing, at a reasonable cost, for evaluation of both vehicles. (4) The aspects of the plan developed under paragraph (1) relating to operational combat performance shall be developed in consultation with the Director of Operational Test and Evaluation of the Department of Defense. The aspects of the plan relating to survivability enhancements shall be developed in consultation the Director of Defense Research and Engineering and the National Academy of Sciences. (c) CERTIFICATION OF PLAN.—(1) After developing the plan required by subsection (b), the Secretary shall certify to Congress that the plan for the testing of both versions of the Bradley Fighting Vehicle (including the conditions for the testing) is the most realistic and suitable plan, at a reasonable cost, for evaluation of the survivability and the likely operational combat performance of the Army vehicle and the minimum casualty vehicle. (2) The Comptroller General shall— (A) review all materials of the Department of Defense used to develop the plan with respect to which the certification under paragraph (1) is made; and (B) submit to the Committees on Armed Services and on Reports. Appropriations of the Senate and House of Representatives a report giving the assessment of the Comptroller General as to <• the realism and suitability of the plan (including the conditions for the testing set forth in the plan) for evaluation of the survivability and the likely operational combat performance of the Army vehicle and the minimum casualty vehicle. (d) CONDUCT OF TESTING.—The Secretary of the Army shall test +.q?;' • both versions of the Bradley Fighting Vehicle in accordance with the plan (including the conditions for the testing set forth in the plan) with respect to which the certification was made. (e) REVIEW AND OVERSIGHT.—(1) The Director of Operational Test and Evaluation of the Department of Defense shall review the results of the operational testing of the vehicle. The Director of Defense Research and Engineering shall review the results of the survivability testing of the vehicle. (2) The Director of Operational Test and Evaluation, the Director of Defense Research and Engineering, and the Comptroller General (or members of their respective staffs) shall each observe the conduct of the testing. (f) REPORTS.—(1) The Secretary of Defense shall submit to Congress a report on the results of the testing of the Bradley Fighting Vehicle under this section. The report shall include such findings i;. j and recommendations as the Secretary considers appropriate.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/356

 100 STAT. 3830 Reports.

, <

Reports.

Contracts.

PUBLIC LAW 99-661—NOV. 14, 1986

(2) The Comptroller General shall submit to Congress a report on the testing of the Bradley Fighting Vehicle. The report shall include— (A) the opinion of the Comptroller General on the adequacy of the testing and on the test results; and (B) the opinion of the Comptroller General (to the extent appropriate) on the conclusions and recommendations of the Secretary set forth in the report under paragraph (1). SEC. 122. OTHER LIMITATIONS ON ARMY PROCUREMENT (a) 120-MiLLiMETER MoRTAR PROGRAM.—(1) Except as provided in paragraph (3), funds appropriated or otherwise available for procurement for the Army may not be obligated for procurement of 120-millimeter mortars manufactured or assembled outside the United States or for procurement of ammunition manufactured outside the United States for 120-millimeter mortars. (2) Funds appropriated or otherwise made available for fiscal year 1987 for procurement for the Army may not be obligated for procurement of 120-millimeter mortars until the Secretary of the Army conducts a cost-effectiveness analysis of potential domestic sources for the manufacture of such mortars. (3) Paragraph (1) does not apply to procurement of mortars required— (A) for testing, evaluation, or type classification; or (B) for equipping the Ninth Infantry Division. (b) MOTORCYCLES.—Funds appropriated or otherwise made available for fiscal year 1987 for procurement for the Army may not be obligated for procurement of motorcycles until the Secretary of the Army certifies to Congress that the acquisition strategy of the Army for procurement of motorcycles includes consideration of— (1) life-cycle costs; (2)safety; , v^ (3) maintenance; and (4) durability. (c) AIR-TO-AIR STINGER MISSILE.—Funds appropriated or otherwise made available for fiscal year 1987 for procurement of aircraft for the Army may not be obligated for the modification program for the air-to-air Stinger missile until the Secretary of the Army— (1) establishes a comprehensive acquisition plan for procurement of air-to-air Stinger missiles for Army aircraft; and (2) submits a report on such plan to the Committees on Armed Services of the Senate and House of Representatives. (d) AQUILA REMOTELY PILOTED VEHICLE.—None of the funds appropriated to the Army pursuant to this title may be obligated or expended for the procurement of the Aquila Remotely Piloted Vehicle until— (1) the Director of Operational Test and Evaluation of the Department of Defense completes a comprehensive assessment of the Aquila system; and (2) the Secretary of the Army certifies to the Committees on Armed Services of the Senate and House of Representatives that— (A) the Aquila system has satisfactorily demonstrated that it meets or exceeds all performance criteria established for the system by the Army; and (B) the Secretary has negotiated a contract that— i (i) provides for procurement of the entire system, and

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100 STAT. 3831

(ii) limits the overall liability of the United States under the contract. (e) MOBILE SUBSCRIBER EQUIPMENT PROGRAM.—The total program acquisition cost for the communications and electronics equipment program of the Army known as the Mobile Subscriber Equipment Program (as such program exists on the date of the enactment of this Act) may not exceed $4,300,000,000. If the total program acquisition cost for such program (as it exists on the date of the enactment of this Act) is determined at any time to exceed such amount, the Secretary of the Army shall cancel the program. PART C—NAVY PROGRAM LIMITATIONS SEC. 131. REPEAL OF LIMITATION ON DDG-51 DESTROYER PROGRAM

Section 102(h) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2501), is repealed.

« ai. >rSr>&m

SEC. 132. BASIC POINT DEFENSE MISSILE SYSTEM ON AMPHIBIOUS VESSELS

The Secretary of the Navy shall maintain in an operational status the Basic Point Defense Missile System on any amphibious vessel equipped on the date of the enactment of this Act with such system until a follow-on system, of comparable capability, is available for immediate replacement of the system on such vessel. This section does not apply to a vessel that is retired. SEC. 133. ROLLING AIRFRAME MISSILE PROGRAM

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(a) REQUIRED CERTIFICATION.—(1) None of the funds appropriated or otherwise made available to the Navy for fiscal year 1987 for procurement may be obligated or expended in connection with procurement of the Rolling Airframe Missile program until the Secretary of Defense certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that— (A) the total amount expended by the Navy for research, Research and development, test, and evaluation for such program will not development. exceed $219,700,000; (B) the Secretary will terminate the program if at any time he b' determines that the total Navy research and development cost for the program will exceed the amount specified in subpara? graph (A); f: (C) the development contractor for the program has offered Contracts. the Department of Defense a firm fixed-price contract option tf with no expiration date for an initial quantity of 500 missiles (integrated with the required Government-furnished components and tested to the complete missile level) which will result in a recurring missile unit flyaway cost that does not exceed $145,000 (based on fiscal year 1986 dollars); (D) the recurring missile unit flyaway cost for a minimum of 4,900 missiles will not exceed $100,000 (based on fiscal year 1986 dollars); (E) the design of the Rolling Airframe Missile and its unique ' support equipment are complete and the system performance has not been degraded from the original development specifica'' tions (as contained in Navy Decision Coordinating Paper No. SO-167-AA);

71-194 0 - 89 - 13: CL. 3 Part5

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 100 STAT. 3832

PUBLIC LAW 99-661—NOV. 14, 1986

(F) the Director of Operational Test and Evaluation of the Department of Defense has approved a test and evaluation master plan for the Rolling Airframe Missile program; and Federal Republic (G) the contractor for the production contract for the program of Germany. has agreed to provide to the United States, at no additional cost to the United States or to the Federal Republic of Germany, a complete data package containing no manufacturing or proprietary data rights of the contractor in conjunction with a license to the United States under which rights are granted to enable a 9* second source contractor designated by the United States to manufacture and sell to the United States or the Federal Republic of Germany on a royalty-free basis, and to enable the United States and the Federal Republic of Germany to use, on a royalty-free basis, the Ex-44 Guided Missile Round Pack consisting of guidance and control section, tail assembly, and canister. Effective date. (2) If the Secretary of Defense fails to make the certification described in paragraph (1) before April 1, 1987, the Secretary shall terminate the program effective on that date. (b) REPEAL.—Subsection (d) of section 205 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 608), is repealed. . ^ PART D — A I R FORCE PROGRAM LIMITATIONS SEC. 141. ADVANCED TECHNOLOGY BOMBER Reports.

.aiss-iir.

(a) ACQUISITION STRATEGY.—(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the acquisition strategy of the Secretary for the Advanced Technology Bomber program. (2) Except as provided in subsection (b), the acquisition strategy described in the report shall include an analysis of alternatives for limiting program costs during production, including the following: (A) Alternative sources for major systems of the Advanced Technology Bomber. (B) Alternative sources for major subsystems of the bomber. (C) Competition during the integration and assembly of the ' ' bomber. (D) A limitation on the total program cost for 132 Advanced Technology Bomber aircraft. (8) The report under paragraph (1) shall include the recommendations of the Secretary with respect to the choice and timing of such alternatives. (4) The report under paragraph (1) shall be submitted not later than the date on which the President submits the budget to Congress for fiscal year 1988. (b) EXCEPTION FOR COMPETITIVE ALTERNATIVE SOURCE REQUIRE-

MENT.—(1) The Secretary of Defense need not recommend the implementation of any of the alternatives if the Secretary determines that the application of those alternatives to control program costs would— (A) increase the total cost of the program; (B) result in unacceptable delays in fulfilling the needs of the Department of Defense; or (C) be adverse to the national security interests of the United States.

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100 STAT. 3833

(2) If the Secretary makes a determination under paragraph (1), the report of the Secretary under subsection (a) shall include— (A) a notice of such determination; and (B) documentation in support of such determination, including comparative cost and schedule estimates and other background material. (c) LIMITATION ON AMOUNT AVAILABLE FOR FY87.—The Secretary

of Defense may not obligate funds appropriated for fiscal year 1987 for the Advanced Technology Bomber in an amount greater than the amount appropriated for such program for fiscal year 1986 until the Secretary submits the report described in subsection (a). (d) REVISIONS TO ACQUISITION STRATEGY.—After the report required by subsection (a) is submitted, the Secretary of Defense may not implement a revision to the acquisition strategy described in the report until— (1) the Secretary submits to the committees named in that Reports. subsection a report describing the proposed revision; and r (2) a period of 60 days passes after the date on which the report on the revision is received by the committees. (e) FINANCIAL ANALYSIS.—(1) In determining for purposes of subsection (a) the appropriate amount for a limitation on the total program cost for the development and production of 132 Advanced Technology Bomber aircraft, the Secretary of Defense shall conduct a detailed financial analysis on the projected cost of such development and production. (2) Not later than 90 days after the date of the enactment of this Reports. Act, the Secretary shall submit to Congress a report setting forth the results of the analysis required under paragraph (1), including the current estimate of the projected total cost for the development and production of 132 Advanced Technology Bomber aircraft. (3) The Secretary shall submit a copy of the report under para- Contracts. graph (2) to the Comptroller General of the United States for review. The Secretary shall make available to the Comptroller General such additional data and information as the Comptroller General requires for the purposes of such review. A report by the Comptroller General concerning data and information provided under this paragraph may, consistent with the classification of such report, be provided to Congress. Any such report shall be prepared with due regard to the sensitivity of the information received from the Secretary in such manner as will avoid disclosure of data or information which could adversely affect ongoing contract negotiations or the national security. SEC. 142. PROHIBITION ON USING FUNDS AUTHORIZED FOR THE ADV A N C E D TECHNOLOGY BOMBER AND THE ADVANCED CRUISE MISSILE PROGRAMS FOR ANY OTHER PURPOSE AND LIMITATION ON THE B-IB BOMBER FLEET TO 100 AIRCRAFT

L. (a) SENSE OF CONGRESS.—It is the sense of Congress that— (1) the capabilities inherent in the technologies associated with the Advanced Technology Bomber and the Advanced Cruise Missile Program are a critical national security asset for I maintaining an adequate and credible deterrent posture; (2) such technologies and programs should be developed as rapidly as feasible in order to produce and deploy advanced systems which will complicate the military planning of the Soviet Union and as a consequence enhance the deterrent posture of the United States;

oasil Union of Soviet Socialist Republics.

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text: Dictionary of National Biography, 1885-1900/Patey, Charles George Edward