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Page:United States Statutes at Large Volume 99 Part 1.djvu/744

 99 STAT. 722

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 1206. LIMITATION ON SIZE OF HEADQUARTERS STAFFS (a) FREEZE ON HEADQUARTERS PERSONNEL.—As of September 30,

1986, the total number of military and civilian personnel assigned to duty in the agencies of the Department of Defense and the military departments to perform management headquarters activities or management headquarters support activities may not exceed the total number of personnel assigned to perform such activities as of September 30, 1985. (b) CAP ON O S D PERSONNEL.—The number of military and civilian personnel assigned to the Office of the Secretary of Defense as of September 30, 1986, may not exceed 1,765. (c) EXCLUSIONS.—In computing the number of military and civilian personnel assigned to duty in any agency of the Department of Defense or any military department to perform management headquarters activities or management headquarters support activities, the number of personnel assigned to such duty in the National Security Agency/Central Security Service, the Defense Intelligence Agency, the Organization of the Joint Chiefs of Staff, or the Naval Intelligence Command shall not be included. (d) DEFINITIONS.—For purposes of this section, the terms "management headquarters activities" and "management headquarters support activities" have the same meanings prescribed for such terms in Department of Defense Directive 5100.73 entitled "Department of Defense Management Headquarters and Headquarters Support Activities", dated January 7, 1985. SEC. 1207. REPORT ON ORGANIZATIONAL STRUCTURE OF THE MILITARY HEALTH-CARE DELIVERY SYSTEM

(a) REQUIREMENT FOR REPORT.—(1) The Secretary of Defense shall submit to Congress a report containing a plan for revising the organizational structure of the military health-care delivery system to accomplish the goals described in subsection (b). In addition to recommendations of the Secretary, the report shall contain an analysis and evaluation of the various alternatives for that organizational structure that have been proposed as well as such other measures as the Secretary considers appropriate. (2) The report of the Secretary shall be prepared through the Office of the Assistant Secretary of Defense for Health Affairs. (b) GOALS.—The goals referred to in subsection (a) are the following: (1) Streamlining the process for allocation of resources of the military health-care delivery system, including— (A) integrating and coordinating the planning, programming, and budgeting of military medical facilities, equipment, and staffing; and (B) adopting uniform budgeting procedures, uniform measures of workload, and other actions to improve operational efficiency (including the elimination of incentives to the over-use of inpatient care). (2) Improving the quality of medical care, including adoption of uniform, rigorous quality assurance standards and procedures to monitor the implementation of those standards. (3) Reducing the cost of health care provided by the Department of Defense (in military medical facilities and under the Civilian Health and Medical Program of the Uniformed Services) through adoption or adaptation, where possible, of

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Page:United States Statutes at Large Volume 99 Part 1.djvu/745

 PUBLIC LAW 99-145—NOV. 8, 1985 competitive strategies, cost containment innovations, or other techniques from the private sector, (4) Enhancing medical readiness, including— (A) improving joint medical readiness planning within the continental United States and overseas; (B) standardizing combat medical equipment; (C) standardizing the methodology used to determine the number of personnel, force structure, and specialty mix necessary to meet wartime medical manpower requirements; and (D) redirecting graduate medical education programs to provide training in critical combat specialties. (c) VIEWS OF OTHER D O D COMPONENTS.—The Secretary of each military department and the Joint Chiefs of Staff shall each carry out an independent study of the matters described in subsection (a). The report submitted under subsection (a) shall include the results of each such study. The study carried out by the Joint Chiefs of Staff shall include comments and contributions from the commanders of each of the unified and specified commands. (d) DEADLINE FOR REPORT.—The report required by subsection (a) shall be submitted not later than 6 months after the date of the enactment of this Act. SEC. 1208. ANNUAL REPORT ON GUARD AND RESERVE EQUIPMENT

Section 138(b) of title 10, United States Code, is amended by adding at the end thereof the following new paragraph: "(3) The Secretary shall include in each report under paragraph (2) the following: "(A) A listing of each major item of equipment required by the Selected Reserve of the Ready Reserve of each reserve component indicating— "(i) the full war-time requirement of that component for that item, shown in accordance with deployment schedules and requirements over successive 30-day periods following mobilization; "(ii) the number of each such item in the inventory of the component; "(iii) a separate listing of each such item in the inventory that is a deployable item and is not the most desired item; "(iv) the number of each such item projected to be in the inventory at the end of the third succeeding fiscal year; and "(v) the number of nondeployable items in the inventory as a substitute for a required major item of equipment. "(B) A narrative explanation of the plan of the Secretary concerned to provide equipment needed to fill the war-time requirement for each major item of equipment to all units of the Selected Reserve, including an explanation of the plan to equip units of the Selected Reserve that are short major items of equipment at the outset of war. "(C) For each item of major equipment reported under paragraph (2)(C) in a report for one of the three previous years under this subsection as an item expected to be procured for the Selected Reserve or to be transferred to the Selected Reserve, the quantity of such equipment actually procured for or transferred to the Selected Reserve.".

99 STAT. 723

study.

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


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Page:United States Statutes at Large Volume 99 Part 1.djvu/746

 99 STAT. 724

PUBLIC LAW 99-145—NOV. 8, 1985 ' SEC

1209. MORATORIUM ON FRANCHISE AGREEMENTS BY MILITARY EXCHANGE SERVICES

(a) IN GENERAL.—During the period beginning on the date of enactment of this Act and ending 30 days after the date Congress receives the report required by subsection (b), but no later than May 1, 1986, the Commanders of the Army and Air Force Exchange Service, the Navy Exchange Service, and the Marine Corps Exchange Service may not begin construction of any facility that— (1) is located on a military installation in the United States; (2) is to be used for the operation of a commercial franchise business; and (3) is not identified in a contract, supplemental agreement to a contract, a contract solicitation, or letter of intent agreed to before the date of the enactment of this Act. (b) REPORT REQUIREMENT.—(1) Not later than February 1, 1986, the Secretary of Defense shall transmit to Congress a report on current and proposed commercial franchise business operations on military installations. (2) The report required by paragraph (1) shall include the following: (A) A description of current and proposed plans of the exchange services referred to in subsection (a) to operate, or to authorize the operation of, commercial franchise businesses on military installations, specifying the franchises, installations, and types of services provided or to be provided under such plans. (B) An enumeration of any advantages to commencing or expanding commercial franchise business activities on military installations. (C) A description of the type and value of appropriated fund support (including Federal land and facilities) provided to activities of the exchange services referred to in subsection (a). (D) A description of review and approval procedures in effect for determining whether the exchange services will enter into new commercial business franchise activities or will expand existing commercial business franchise activities. (E) A description of the procedure for deciding whether services should be provided under contract or franchise or by using the resources of the exchange services. (F) A description of the process by which a military installation is selected for new or increased levels of activities of the exchange services. (G) A description of the consideration given to the impact that the addition of a new commercial business franchise activity or an expansion of an existing commercial business franchise activity of an exchange service at a military installation will have on private commercial business operations in the vicinity of the installation. (H) An estimate (after consultation with the Secretary of the Treasury) of— (i) the amount of tax revenues lost annually by State and local jurisdictions as the result of the operation of commercial franchise businesses on military installations in the United States; and (ii) the potential effect on State and local tax bases oi expansion of such businesses.

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 725

(I) The legal basis for and propriety of the operation by an instrumentality of the United States of a commercial business on a military installation under a franchise arrangement, (c) PRIOR NOTICE TO CONGRESS.—(1) An officer or employee of the

Department of Defense may not enter into a contract for the construction of a facility for or operation of a commercial franchise business on a military installation in the United States until the Secretary of Defense notifies Congress of the intention to enter into the contract. (2) Paragraph (1) shall expire at the end of the two-year period beginning on the date of the enactment of this Act. SEC. 1210. PRIORITY FOR AIR FORCE SHUTTLE OPERATIONS AND PLANNING COMPLEX

(a) DATES FOR IOC.—(1) The Secretary of the Air Force shall give sufficient priority to the completion of the Air Force Shuttle Operations and Planning Complex (SOPC) to ensure an initial operational capability (IOC) date for mission control a t such complex in November 1992. (2) In order to meet that IOC date, the Secretary is encouraged to maximize, to the extent feasible and practicable, commonality of design and equipments at the SOPC with the planned modernization of shuttle control facilities a t the Johnson Space Flight Center. (b) REPORT.—At the time of the submission to Congress of the President's budget for fiscal year 1987, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth a program plan by which the IOC date as specified in subsection (a) may be met. SEC. 1211. PROVISION OF URANIUM TETRAFLUORIDE TO CONTRACTORS FOR PRODUCTION OF CONVENTIONAL AMMUNITION

(a) IN GENERAL,—Subject to subsection (b), the Secretary of the Army, during fiscal year 1986, may provide uranium tetrafluoride (green salt) from stockpile materials available to the Secretary to a contractor for the production of conventional ammunition for the Army. (b) CERTIFICATION BY THE SECRETARY.—The Secretary may not

provide uranium tetrafluoride to a contractor under this section until the Secretary certifies to Congress that— (1) such action is necessary to meet the fiscal year 1986 ammunition production requirement because neither uranium tetrafluoride nor depleted uranium metal of the appropriate quality is available to the contractor from commercial sources— (A) in the quantity needed by the contractor; (B) during the period in which the materied is needed by the contractor; and (C) at a reasonable price (to be determined by the Comptroller General of the United States after taking into account an appropriate profit and the investment made in facilities as a consequence of the decision of the Secretary to discontinue providing uranium tetrafluoride to contractors beginning in fiscal year 1986); (2) the contractor has agreed to repay to the United States a quantity of uranium tetrafluoride equivalent to the quantity provided to the contractor by the Secretary and has presented

Contract.

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 99 STAT. 726

PUBLIC LAW 99-145—NOV. 8, 1985 the Secretary with a credible plan for the repayment of the material; and (3) the contractor has agreed to pay interest (at a rate determined by the Secretary) for the period beginning on the date on which the uranium tetrafluoride is made available to the contractor and ending on the date on which the material is repaid to the United States.

10 USC 133 note.

Vessels. Study.

Report.

SEC. 1212. PROHIBITION OF CERTAIN RESTRICTIONS ON INSTITUTIONS ELIGIBLE TO PROVIDE EDUCATIONAL SERVICES

(a) No solicitation, contract, or agreement for the provision of offduty postsecondary education services for members of the Armed Forces of the United States, civilian employees of the Department of Defense, or the dependents of such members or employees may discriminate against or preclude any accredited academic institution authorized to award one or more associate degrees from offering courses within its lawful scope of authority solely on the basis of such institution's lack of authority to award a baccalaureate degree. (b) No solicitation, contract, or agreement for the provision of offduty postsecondary education services for members of the Armed Forces of the United States, civilian employees of the Department of Defense, or the dependents of such members or employees, other than those for services at the graduate or postgraduate level, may limit the offering of such services or any group, category, or level of courses to a single academic institution. However, nothing in this section shall prohibit such actions taken in accordance with regulations of the Secretary of Defense which are uniform for all armed services as may be necessary to avoid unnecessary duplication of offerings, consistent with the purpose of this provision of ensuring the availability of alternative offerors of such services to the maximum extent feasible. (c) This section shall apply to contracts entered into after April 1, 1985. (d) Nothing in this section shall be construed to require more than one academic institution to be authorized to offer courses aboard a particular naval vessel. (e)(1) The Comptroller General of the United States shall carry out a study to determine (A) the educational needs of members of the Armed Forces of the United States and civilian employees of the Department of Defense stationed outside the United States and the educational needs of the dependents of such members and employees, (B) the most effective and feasible means of meeting such needs, and (C) the cost of providing such means. (2) Not later than September 1, 1986, the Comptroller General shall transmit to the Congress a report on the study required by subsection (1). The report shall include the Comptroller General's findings and such recommendations for legislation as the Comptroller General considers appropriate. PART B—PERSONNEL MANAGEMENT

SEC. 1221. COUNTERINTELLIGENCE POLYGRAPH PROGRAM (a) IMPLEMENTATION OF PROGRAM.—During fiscal years 1986 and 1987, the Secretary of Defense shall implement a program of counterintelligence polygraph examinations based upon Department of Defense Directive 5210.48, dated December 24, 1984, for military and civilian personnel of the Department of Defense and

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 PUBLIC LAW 99-145—NOV. 8, 1985 personnel of defense contractors whose duties involve access to classified information at the level of top secret or classified information within special access programs established under section 4.2(a) of Executive Order 12356. (b) LIMITATION DURING FISCAL YEARS 1986 AND 1987.—The total number of persons required to take a counterintelligence polygraph examination under this section— (1) may not exceed 3,500 during fiscal year 1986; and (2) may not exceed 7,000 during fiscal year 1987. (c) REPORTS.—(1) Not later than December 31, 1985, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on his plans to expand the use of polygraph examinations in the Department of Defense. Such report shall include a discussion of the Secretary's plans for recruiting and training additional polygraph operators. (2) Not later than December 31, 1986, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of polygraph examinations administered by or for the Department of Defense during fiscal year 1986. The report shall include— (A) the number of polygraph examinations conducted during such fiscal year; (B) a description of the purposes and results of such examinations; (C) a description of the criteria used for selecting programs and individuals for examinations; (D) the number of persons who refused to submit to an examination; (E) a description of the actions taken, including denial of clearance or any adverse action, when an individual either failed or refused to take the examination; (F) an explanation of the uses made of the results of the examinations; and (G) a detailed accounting of those cases in which more than two examinations were needed to attempt to resolve discrepancies. (d) POLYGRAPH RESEARCH PROGRAM.—(1) The Secretary of Defense shall carry out a continuing research program to support the polygraph activities of the Department of Defense. The program shall include— (A) an on-going evaluation of the validity of polygraph techniques used by the Department; (B) research on polygraph countermeasures and anti-countermeasures; and (C) developmental research on polygraph techniques, instrumentation, and analytic methods. (2) Not later than December 31 of each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on the results during the preceding fiscal year of the research program referred to in paragraph (1). (3) There is authorized to be appropriated to the Department of Defense for fiscal year 1986 the sum of $590,000 to carry out the research program referred to in paragraph (1). (e) NON-APPLICATION OF SECTION.—This section does not apply—

99 STAT. 727

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Page:United States Statutes at Large Volume 99 Part 1.djvu/750

 99 STAT. 728

PUBLIC LAW 99-145—NOV. 8, 1985 (1) to an individual assigned or detailed to the Central Intelligence Agency or to any expert or consultant under a contract with the Central Intelligence Agency; (2) to (A) an individual employed by or assigned or detailed to the National Security Agency, (B) an expert or consultant under contract to the National Security Agency, (C) an employee of a contractor of the National Security Agency, or (D) an individual applying for a position in the National Security Agency; or (3) to an individual assigned to a space where sensitive cryptologic information is produced, processed, or stored. SEC. 1222. REDUCTION IN SECURITY CLEARANCE BACKLOG

(a) FINDING.—The Congress finds that there are many persons with a security clearance at a level of top secret or above who have not been investigated for more than five years as a result of delays in the program of the Department of Defense for periodic reinvestigations of persons with clearance at such a level. (b) REDUCTION IN CLEARANCE BACKLOG.—The Secretary of Defense shall take such action as may be necessary to achieve a substantial reduction in the backlog under such periodic-reinvestigation program by the end of fiscal year 1986. The Secretary should seek to obtain a 25-percent reduction in that bstcklog in fiscal year 1986. (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for fiscal year 1986 for operation and maintenance of defense agencies $25,000,000 which may be used only for the purpose of carrying out actions required by subsection (b). (d) REPORT.—Not later than April 1, 1986, the Secretary shall submit to Congress a report on the level and manner of obligating the funds appropriated pursuant to the authorization in subsection (c) and on the level of reductions of the backlog achieved at the time of the report. Such report also shall include a description of resources and the funding level which would be needed in order to reduce by the end of fiscal year 1987 such backlog by 50 percent below the level of such backlog on the date of the enactment of this Act. SEC. 1223. AUTHORITY FOR INDEPENDENT CRIMINAL INVESTIGATIONS BY NAVY AND AIR FORCE INVESTIGATIVE UNITS

The Secretary of the Navy shall prescribe regulations providing to the Naval Investigative Service authority to initiate and conduct criminal investigations on the authority of the Director of the Naval Investigative Service. The Secretary of the Air Force shall prescribe regulations providing to the Air Force Office of Special Investigations authority to initiate and conduct criminal investigations on the authority of the Commander of the Air Force Office of Special Investigations. Alcohol and alcoholic beverages.

SEC. 1224. ESTABLISHMENT OF MINIMUM DRINKING AGE ON MILITARY INSTALLATIONS

(a) MINIMUM DRINKING AGE BASED ON STATE LAW.—Section 2683 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(c)(1) Except as provided in paragraphs (2) and (3), the Secretary concerned shall establish and enforce as the minimum drinking age on a military installation located in a State the age established by the law of that State as the State minimum drinking age. "(2)(A) In the case of a military installation located—

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 PUBLIC LAW 99-145—NOV. 8, 1985 "(i) in more than one State; or "(ii) in one State but within 50 miles of another State or Mexico or Canada, the Secretary concerned may establish and enforce as the minimum drinking age on that military installation the lowest applicable age. "(B) In subparagraph (A), 'lowest applicable age' means the lowest minimum drinking age established by the law— "(i) of a State in which a military installation is located; or "(ii) of a State or jurisdiction of Mexico or Canada that is within 50 miles of such military installation. "(3)(A) The commanding officer of a military installation may waive the requirement of paragraph (1) if such commanding officer determines that the exemption is justified by special circumstances. "(B) The Secretary of Defense shall define by regulations what constitute special circumstances for the purposes of this paragraph. "(4) In this subsection: "(A) 'State' includes the District of Columbia. "(B) 'Minimum drinking age' means the minimum age or ages established for persons who may purchase, possess, or consume alcoholic beverages.". (b) CONFORMING AMENDMENTS.—(1) Subsection (b) of such section is amended by striking out "section" and inserting in lieu thereof "subsection (a)". (2) Section 6 of the 1951 Amendments to the Universal Military Training and Service Act (50 U.S.C. App. 473) is amended by striking out "The" in the first sentence and inserting in lieu thereof "Subject to section 2683(c) of title 10, United States Code, the". (c) CLERICAL AMENDMENTS.—(1) The heading of section 2683 of title 10, United States Code, is amended to read as follows: "§ 2683. Relinquishment of legislative jurisdiction; minimum drinking age on military installations". (2) The item relating to that section in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: "2683. Relinquishment of legislative jurisdiction; minimum drinking age on military installations.". (d) EFFECTIVE DATE.—The amendments made by this section shall

take effect 90 days after the date of the enactment of this Act. (e) REPORT.—(1) Not later than February 1, 1986, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on— (A) the effects of the provisions of section 2683(c) of title 10, United States Code, as added by subsection (a); and (B) the feasibility and desirability of permitting the sale to members of the Armed Forces who have not attained the minimum drinking age established on a military installation under such section, in establishments located on the military installation, of— (i) low alcohol malt beverages (2.0 percent or less alcohol by weight); and (ii) low alcohol wine beverages (6.0 percent or less alcohol by volume). (2) The report required by paragraph (1) shall include— (A) comments and recommendations by the Secretary concerning the feasibility and desirability of permitting the sale of the low alcohol beverages described in paragraph (I)(B);

99 STAT. 729

Ante, p. 728.

Alcohol and alcoholic beverages.

10 USC 2683 note.

Ante, p. 728.

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 99 STAT. 730

PUBLIC LAW 99-145—NOV. 8, 1985

Motor vehicles.

(B) an analysis of any effects of such sale on— (i) the incidence of members of the Armed Forces or their dependents operating motor vehicles while under the influence of alcohol or drugs; and (ii) the incidence of persons operating motor vehicles on a military installation while under the influence of alcohol or drugs; (C) an analysis of any effects of the provisions of section 2683(c) of title 10, United States Code, as added by subsection (a), on— (i) the incidence of members of the Armed Forces or their dependents operating motor vehicles while under the influence of alcohol or drugs; and (ii) the incidence of persons operating motor vehicles on a military installation while under the influence of alcohol or drugs; and (D) any comments or recommendations the Secretary may consider appropriate, including any proposal for legislative action.

Motor vehicles. Ante, p. 728.

SEC. 1225. CASH AWARDS FOR DISCLOSURES LEADING TO COST SAVINGS

(a) MEMBERS OF THE ARMED FORCES.—(1) Section 1124 of title 10, United States Code, is amended by inserting "disclosure," in subsections (a), (b), (c), and (f) before "suggestion". (2)(A) The heading of such section is amended to read as follows: "§ 1124. Cash awards for disclosures, suggestions, inventions, and scientinc achievements". (B) The item relating to such section in the table of sections at the beginning of chapter 57 of such title is amended to read as follows: "1124. Cash awards for disclosures, suggestions, inventions, and scientific achievements.". 10 USC 1124 note.

Awards. Report.

(3) The amendments made by this subsection shall take effect on October 1, 1985. (b) CiviliAN EMPLOYEES.—(1)(A) Section 4514 of title 5, United States Code, is amended to read as follows: "§ 4514. Expiration of authority; reporting requirement "(a) No award may be made under this subchapter after September 30, 1988. "(b)(1) Not later than March 15, 1988, the Comptroller General shall submit to Congress a report on the effectiveness of the awards program under this subchapter. "(2) The report shall include the views of the Comptroller General as to whether the authority to make awards under this subchapter should be continued after September 30, 1988, and, if so, whether any modification in such authority would be appropriate.". (B) The item relating to such section in the table of sections for chapter 45 of such title is amended to read as follows: "4514. Expiration of authority; reporting requirement.".

5 USC 4512.

(2) Section 4512 of such title is amended by striking out subsection

(0.

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 731

PART C—CONTRACTING OUT FOR PERFORMANCE OF CERTAIN FUNCTIONS SEC. 1231. SPECIFICATION OF CORE-LOGISTICS FUNCTIONS SUBJECT TO CONTRACTING-OUT LIMITATION

(a) IN GENERAL.—A function of the Department of Defense described in subsection (b) shall be deemed for the purposes of section 3O70b) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2514), to be a logistics activity identified by the Secretary of Defense under section 307(a)(2) of such Act as necessary to maintain the logistics capability of the Department of Defense described in section 307(a)(l) of such Act. (b) DESCRIPTION OF FUNCTIONS.—The functions to which subsection (a) applies are the following: (1) Depot-level maintenance of mission-essential materiel at the following activities of the Army: Anniston Army Depot, Anniston, Alabama. Corpus Christi Army Depot, Corpus Christi, Texas. Crane Army Ammunition Plant, Crane, Indiana. Fort Wingate Army Depot, Gallup, New Mexico. Letterkenny Army Depot, Letterkenny, Pennsylvania. Lexington-Blue Grass Army Depot, Lexington, Kentucky. McAlester Army Ammunition Plant, McAlester, Oklahoma. New Cumberland Army Depot, Harrisburg, Pennsylvania. Pueblo Army Depot, Pueblo, Colorado. Red River Army Depot, Texarkana, Texas. Rock Island Arsenal, Rock Island, Illinois. Sacramento Army Depot, Sacramento, California. Savanna Army Depot, Savanna, Illinois. Seneca Army Depot, Romulus, New York. Sharpe Army Depot, Stockton, California. Sierra Army Depot, Herlong, California. Tobyhanna Army Depot, Tobyhanna, Pennsylvania. Tooele Army Depot, Tooele, Utah. Umatilla Army Depot, Umatilla, Oregon. Watervliet Arsenal, Watervliet, New York. (2) Depot-level maintenance of mission-essential materiel at the following activities of the Navy: Naval Air Rework Facility, Alameda, California. Naval Air Rework Facility, Cherry Point, North Carolina. Naval Air Rework Facility, Jacksonville, Florida. Naval Air Rework Facility, Norfolk, Virginia. Naval Air Rework Facility, Pensacola, Florida. Naval Air Rework Facility, North Island, San Diego, California. Naval Aviation Supply Office, Philadelphia, Pennsylvania. Naval Construction Battalion Center, Davisville, Rhode Island. Naval Construction Battalion Center, Gulfport, Mississippi. Naval Construction Battalion Center, Port Hueneme, California.

10 USC 2304 note.

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 99 STAT. 732

PUBLIC LAW 99-145—NOV. 8, 1985 Naval Electronics Systems Engineering Center, San Diego, California. Naval Ordnance Station, Indian Head, Maryland. Naval Ordnance Station, Louisville, Kentucky. Naval Shipyard, Charleston, South Carolina. Naval Shipyard, Norfolk, Virginia. Naval Shipyard, Long Beach, California. Naval Shipyard, Mare Island, California. Naval Shipyard, Philadelphia, Pennsylvania. Naval Shipyard, Portsmouth, Kittery, Maine. Naval Shipyard, Pearl Harbor, Hawaii. Naval Shipyard, Puget Sound, Bremerton, Washington. Naval Ship Repair Facility, Guam. Naval Supply Center, Charleston, South Carolina. Naval Supply Center, Jacksonville, Florida. Naval Supply Center, Norfolk, Virginia. Naval Supply Center, Oakland, California. Naval Supply Center, Pearl Harbor, Hawaii. Naval Supply Center, Puget Sound, Bremerton, Washington. Naval Supply Center, San Diego, California. Naval Undersea Warfare Engineering Station, Keyport, Washington. Naval Weapons Station, Charleston, South Carolina. Naval Weapons Station, Colts Neck, Earle, New Jersey. Naval Weapons Station, Concord, California. Naval Weapons Station, Seal Beach, California. Naval Weapons Station, Yorktown, Virginia. Naval Weapons Station, Crane, Indiana. Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania. TRIDENT Refit Facility, Bangor, Bremerton, Washington. (3) Depot-level maintenance of mission-essential materiel at the following activities of the Marine Corps: Marine Corps Logistics Base, Albany, Georgia. Marine Corps Logistics Base, Barstow, California. (4) Depot-level maintenance of mission-essential materiel at the following activities of the Air Force: Aerospace Guidance and Metrology Center, Newark Air Force Station, Ohio. Ogden Air Logistics Center, Hill Air Force Base, Utah. Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma. Sacramento Air Logistics Center, McClellan Air Force Base, California. San Antonio Air Logistics Center, Kelly Air Force Base, Texas. Warner Robins Air Logistics Center, Robins Air Force Base, Georgia. (5) Depot-level maintenance of mission-essential equipment at the following activities of the Defense Logistics Agency: Defense Construction Supply Center, Columbus, Ohio. Defense Depot Mechanicsburg, Mechanicsburg, Pennsylvania. Defense Depot Memphis, Memphis, Tennessee. Defense Depot Ogden, Ogden, Utah.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/755

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 733

Defense Depot Tracy, Tracy, California. Defense Electronics Supply Center, Da3^n, Ohio. Defense General Supply Center, Richmond, Virginia. Defense Industrial Plant Equipment Center, Memphis, Tennessee. Defense Industrial Supply Center, Philadelphia, Pennsylvania. Defense Logistics Service Center, Battle Creek, Michigan. Defense Subsistence Office, Bayonne, New Jersey. (6) Depot-level maintenance of mission-essential materiel at the following activities of the Defense Mapping Agency: Aerospace Center, Kansas City Field Office, Kansas City, Missouri. Aerospace Center, St. Louis AFS, Missouri. Office of Distribution Services, Brookmont, Maryland. Office of Distribution Services, Clearfield, Utah. Office of Distribution Services, Philadelphia, Pennsylvania. (c) MATTERS INCLUDED WITHIN SPECIFIED FUNCTIONS.—The functions described in subsection (b) include— (1) the facilities and equipment at the activities listed in that subsection; and (2) the Government personnel who manage and perform the work at those activities. (d) EXCLUSION OF CERTAIN FUNCTIONS.—Subsection (b) does not include any function that on the date of the enactment of this Act— (1) is being performed under contract by non-Government personnel; or (2) has been announced to Congress for review for conversion to performance by non-Government personnel under Office of Management and Budget Circular A-76. (e) DEFINITION.—For the purposes of this section, the term "mission-essential materiel" means all materiel which is authorized and available to combat, combat support, combat service support, and combat readiness training forces to accomplish their assigned mission. (f) TECHNICAL AMENDMENT.—Section 307(b)(4) of the Department lo use 2304 of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. note. 2515), is amended by striking out "30-day period" and inserting in lieu thereof "20-day period". SEC. 1232. ONE-YEAR EXTENSION OF PROHIBITION ON CONTRACTING FOR THE PERFORMANCE OF FIREFIGHTING AND SECURITY FUNCTIONS

(a) EXTENSION OF PROHIBITION.—Section 1221(a) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 691), is amended by striking out "October 1, 1985" and inserting in lieu thereof "October 1, 1986". (b) REPORT.—(1) The Secretary of Defense shall submit to Congress a written report containing— (A) an assessment of the special needs of the Department of Defense with respect to firefighting and base security; and (B) an assessment of how those needs are met by both Federal employees and contract personnel. (2) The report shall be prepared in consultation with the Administrator of the United States Fire Administration of the Federal

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 99 STAT. 734

10 USC 2304 note.

10 USC 2304 J^ote-

PUBLIC LAW 99-145—NOV. 8, 1985 Emergency Management Agency and shall include the comments of the Administrator on the report. (3) The report shall be submitted not later than March 1, 1986. SEC. 1233. SERVICES AND ACTIVITIES TO BE PERFORMED BY NONGOVERNMENT PERSONNEL The Secretary of Defense shall take such action as may be necessary to ensure that, in each case in which it has been determined in accordance with law that performance of a service or activity by non-Government personnel would be cost effective and in the best interests of national security, such service or activity is performed by non-Government personnel. SEC. 1234. INCREASE IN THRESHOLDS APPLICABLE TO STATUTORY CONTRACTING-OUT PROCEDURES (a) INCREASE I N NUMBERS.—Section 502 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2304 note), is amended— (1) in subsection (a)(2)(D)(i), by striking out "50 employees" and inserting in lieu thereof "75 employees"; and (2) in subsection (d), by striking out "10 or fewer" and inserting in lieu thereof "40 or fewer". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on January 1, 1986. PART D—ECONOMY AND EFFICIENCY

SEC. 1241. FLEXTIME FOR FEDERAL CONTRACTOR EMPLOYEES (a) AMENDMENTS TO CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.—(1) Subsection (a) of section 102 of the Contract Work

Hours and Safety Standards Act (40 U.S.C. 328(a)) is amended to read as follows: "(a) Notwithstanding any other provision of law, the wages of every laborer and mechanic employed by any contractor or subcontractor in his performance of work on any contract of the character specified in section 103 shall be computed on the basis of a standard workweek of forty hours, and work in excess of such standard workweek shall be permitted subject to provisions of this section. For each workweek in which any such laborer or mechanic is so employed such wages shall include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of forty hours in the workweek." (2) Section 102(b) of such Act is amended— (A) by striking out "eight hours in any calendar day or in excess o f in paragraph (1); and (B) by striking out "eight hours or in excess of" in paragraph (2). (b) AMENDMENT TO WALSH-HEALEY ACT.—Subsection (c) of the first section of the Act entitled "An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes" (41 U.S.C. 35(c)), commonly known as the Walsh-Healey Act, is amended by striking out "eight hours in any one day or in excess of ". 41 USC 35 note. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on January 1, 1986.

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99 STAT. 735

1242. PROHIBITION ON ESTABLISHMENT OF PAY RATES FOR PREVAILING RATE EMPLOYEES OF THE DEPARTMENT OF DEFENSE USING SURVEYS OF WAGES PAID OUTSIDE THE LOCAL WAGE AREA

(a) AMENDMENT TO SECTION 5343 OF TITLE 5, U.S.C.—Paragraph (2) of section 5343(d) of title 5, United States Code, is amended to read as follows: "(2) When the lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall— "(A) establish the wage schedules and rates to be applicable to prevailing rate employees other than prevailing rate employees of the Department of Defense on the basis of— "(i) local private industry rates; and "(ii) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made; and "(B) establish the wage schedules and rates to be applicable to prevailing rate employees of the Department of Defense only on the basis of local private industry rates.". (b) PROHIBITION ON REDUCTION OF PAY.—The rate of pay payable to a prevailing rate employee employed by the Department of Defense on the day before the date of enactment of this Act may not be reduced by reason of the amendment made by subsection (a).

5 USC 5343 note.

TITLE XIII—TECHNICAL AND CLERICAL AMENDMENTS SEC.

1301. ELIMINATION OF CERTAIN DISTINCTIONS

STATUTORY

GENDER-BASED

(a) GENERAL MILITARY LAW.—(1) Section 772(c) of title 10, United States Code, is amended by striking out the second sentence. (2) Section 1431(b)(3) of such title is amended by striking out "widow" and inserting in lieu thereof "surviving spouse". (b) ARMY.—(1)(A) Section 3683 of title 10, United States Code, is repealed. (B) The table of sections at the beginning of chapter 353 of such title is amended by striking out the item relating to section 3683. (C) The repeal made by subparagraph (A) shall not apply in the case of a person who performed active service described in section 3683 of title 10, United States Code, as such section was in effect on the day before the date of the enactment of this Act. (2)(A) Section 3963 of such title is repealed. (B) The table of sections at the beginning of chapter 369 of such title is amended by striking out the item relating to section 3963. (C) The repeal made by subparagraph (C) shall not apply in the case of a member of the Regular Army described in section 3963 of title 10, United States Code, as such section was in effect on the day before the date of the enactment of this Act. (3)(A) Section 4309(b) of such title is amended by striking out "males" and inserting in lieu thereof "persons". (B) Section 4313(a) of such title is amended by striking out "man" and inserting in lieu thereof "competitor".

10 USC 1431. Repeal.

10 USC 3683 note.

Repeal. 10 USC 3963. 10 USC 3963 note. 10 USC 4309. 10 USC 4313.

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 99 STAT. 736 10 USC 4651. 10 USC 4712.

10 USC 4713.

10 USC 6964. 10 USC 7601.

PUBLIC LAW 99-145—NOV. 8, 1985 (C) Section 4651 of such title is amended by striking out "male". (4)(A) Section 4712(d) of such title is amended by striking out clauses (1) through (9) and inserting in lieu thereof the following: "(1) The surviving spouse or legal representative. "(2) A child of the deceased. "(3) A parent of the deceased. "(4) A brother or sister of the deceased. "(5) The next-of-kin of the deceased. "(6) A beneficiary named in the will of the deceased.". (B) Section 4713(a)(2) of such title is amended by striking out clauses (A) through (I) and inserting in lieu thereof the following: "(A) The surviving spouse or legal representative. "(B) A child of the deceased. "(C) A parent of the deceased. "(D) A brother or sister of the deceased. "(E) The next-of-kin of the deceased. "(F) A beneficiary named in the will of the deceased.". (c) NAVY.—(1) Section 6160(a) of title 10, United States Code, is amended by striking out "enlisted man" and inserting in lieu thereof "enlisted member". (2) Section 6964(e) of such title is amended by striking out "men" and inserting in lieu thereof "persons". (3)(A) Section 7601(a) of such title is amended by striking out "widows" and inserting in lieu thereof "widows and widowers". (B) The heading of such section is amended to read as follows: "§ 7601. Sales: members of the naval service and Coast Guard; widows and widowers; civilian employees and other persons". (C) The item relating to section 7601 in the table of sections at the beginning of chapter 651 of such title is amended to read as follows: "7601. Sales: members of the naval service and eoast Guard; widows and widowers; civilian employees and other persons.".

Repeal.

10 USC 8683 note. Repeal. 10 USC 8963. 10 USC 8963 note. 10 USC 9651. 10 USC 9712.

(d) AiR FoRCE.—(1)(A) Section 8683 of title 10, United States Code, is repealed. (B) The table of sections at the beginning of chapter 853 of such title is amended by striking out the item relating to section 8683. (C) The repeal made by subparagraph (A) shall not apply in the case of a person who performed active service described in section 8683 of title 10, United States Code, as such section was in effect on the day before the date of the enactment of this Act. (2)(A) Section 8963 of such title is repealed. (B) The table of sections at the beginning of chapter 869 of such title is amended by striking out the item relating to section 8963. (C) The repeal made by subparagraph (A) shall not apply in the case of an Air Force nurse or medical specialist described in section 8963 of title 10, United States Code, as such section was in effect on the day before the date of the enactment of this Act. (3) Section 9651 of such title is amended by striking out "male". (4)(A) Section 9712(d) of such title is amended by striking out clauses (1) through (9) and inserting in lieu thereof the following: "(1) The surviving spouse or legal representative. "(2) A child of the deceased. "(3) A parent of the deceased. "(4) A brother or sister of the deceased. "(5) The next-of-kin of the deceased.

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99 STAT. 737

"(6) A beneficiary named in the will of the deceased.". (B) Section 9713(a)(2) of such title is amended by striking out 10 USC 9713 clauses (A) through (I) and inserting in lieu thereof the following: "(A) The surviving spouse or legal representative. "(B) A child of the deceased. "(C) A parent of the deceased. "(D) A brother or sister of the deceased. "(E) The next-of-kin of the deceased. "(F) A beneficiary named in the will of the deceased.". (e) WORLD WAR II ERA ARMY NURSES.—(1) The Act entitled "An

Repeal.

Act to authorize temporary appointment as officers in the Army of the United States of members of the Army Nurse Corps, female persons having the necessary qualifications for appointment in such corps, female dietetic and physical-therapy personnel of the Medical Department of the Army (exclusive of students and apprentices), and female persons having the necessary qualifications for appointment in such department as female dietetic or physical-therapy personnel, and for other purposes", approved June 22, 1944 (58 Stat. 324; 50 U.S.C. App. 1591 et seq.), is repealed. (2) The repeal made by paragraph (1) shall not apply in the case of 50 USC app. 1591 any person appointed and assigned under the first section of the Act note. repealed by such paragraph, as such Act was in effect on the day before the date of the enactment of this Act. (f) SOLDIERS' AND AIRMEN'S HOME.—The first sentence of section 4 of the Act entitled "An Act prescribing regulations for the Soldiers' Home located at Washington, in the District of Columbia, and for other purposes", approved March 3, 1883 (24 U.S.C. 52), is amended— (1) by striking out "wife" both places it appears and inserting in lieu thereof "spouse"; and (2) by striking out "his" and inserting in lieu thereof "such". (g) DEPENDENTS OF PERSONS MISSING IN ACTION.—Section 551(1)(A)

of title 37, United States Code, is amended by striking out "wife" and inserting in lieu thereof "spouse". SEC. 1302. TECHNICAL AMENDMENTS RELATING TO BENEFITS FOR CERTAIN DIA PERSONNEL

(a) CiviuAN EMPLOYEES.—(1) Section 192 of title 10, United States Code, is transferred to the end of chapter 83 of such title, redesig- 10 USC 1601 et nated as section 1605, and amended— ^eq. (A) in subsections (a) and (b), by striking out "Director of the Defense Intelligence Agency, on behalf of the Secretary of Defense," and inserting in lieu thereof "Secretary of Defense"; (B) in subsection (a)— (i) by striking out "military and"; (ii) by striking out "under sections 903, 705, and 2308" and inserting in lieu thereof "sections 705 and 903"; (iii) by striking out "22 U.S.C. 4025;"; and (iv) by striking out "; 22 U.S.C. 4083" and all that follows in such subsection and inserting in lieu thereof ", 4025, 4083) and under section 5924(4) of title 5."; and (C) by striking out subsection (c) and redesignating subsection (d) as subsection (c). (2) The item relating to such section in the table of sections at the beginning of chapter 8 of such title is transferred to the end of the table of sections at the beginning of chapter 83 of such title and is amended by striking out "192" and inserting in lieu thereof "1605".

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 99 STAT. 738

PUBLIC LAW 99-145—NOV. 8, 1985

10 USC 1603.

(3) Section 1603 of such title is amended by striking out "chapter" both places it appears and inserting in lieu thereof "sections 1601 and 1602 of this title". (b) MEMBERS OF THE ARMED FORCES.—(1) Chapter 7 of title 37, United States Code, is amended by adding at the end thereof the following new section:

37 USC 431.

"§ 431. Benefits for certain members assigned to the Defense Intelligence Agency "(a) The Secretary of Defense may provide to members of the armed forces who are assigned to Defense Attache Offices and Defense Intelligence Agency Liaison Offices outside the United States and who are designated by the Secretary of Defense for the purposes of this subsection allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (2), (3), (4), (6), (7), (8), and (13) of section 901 and sections 705 and 903 of the Foreign Service Act of 1980 (22 U.S.C. 4081 (2), (3), (4), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4) of title 5. "(b) The authority of the Secretary of Defense to make payments under subsection (a) of this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. "(c) Members of the armed forces may not receive benefits under both subsection (a) of this section and any other provision of this title for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection. "(d) Regulations prescribed pursuant to subsection (a) of this section shall be submitted to the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate before such regulations take effect.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item:

Regulations.

"431. Benefits for certain members assigned to the Defense Intelligence Agency.".

37 USC 431 note. (3) The authority of the Secretary of Defense under section 431 of Supra. title 37, United States Code, as added by paragraph (1), may be delegated in accordance with section 133(d) of title 10, United States Code. SEC. 1303. GENERAL CLERICAL AMENDMENTS

98 Stat. 2611.

98 Stat. 2614.

(a) AMENDMENTS TO TITLE 10.—Title 10, United States Code, is amended as follows: (1) Section 124(c)(2) is amended by inserting "of the Joint Chiefs of Staff' after "Chairman". (2) Section 139b(d)(3)(B)(i) is amended by inserting "percent" before the semicolon. (3) Section 140c(b)(l) is amended by striking out "enactment of this section" and inserting in lieu thereof "September 24, 1983". (4)(A) Section 520b is amended by striking out "enlistments" and inserting in lieu thereof "enlistment". (B) The item relating to such section in the table of sections at the beginning of chapter 31 is amended by striking out "enlistments" and inserting in lieu thereof "enlistment".

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99 STAT. 739

(5) Section 555 is amended by striking out "section 201(c)" and inserting in lieu thereof "section 201(b)". (6) The item relating to section 1043 in the table of sections at the beginning of chapter 53 is amended by striking out "Atomospheric" and inserting in lieu thereof "Atmospheric". (7) Section 1074a(a) is amended by striking out "prescribed 98 Stat. 2869. by" and all that follows through "the following persons" and inserting in lieu thereof "prescribed by the administering Secretaries, the following persons". (8) Section 1085 is amended by indenting the first line of the 98 Stat. 2870. text of the section. (9) Section 1437(c)(3)(A) is amended by striking out "(notwithstanding section 144 of this title)". (10) Section 1440 is amended by striking out "section 1437(c)(3)" and inserting in lieu thereof "section 1437(c)(3)(B)". (11) Section 1450 is amended— (A) by striking out "subsection (1)" in subsection (i) and inserting in lieu thereof "subsection (1)(3)(B)"; and (B) by striking out "(notwithstanding subsection (h))" in subsection (1)(3)(A). (12) Section 1489(a) is amended by striking out "Armed Forces" and inserting in lieu thereof "armed forces". (13) Section 2304(a)(l)(B) is amended by striking out 98 Stat. 1187. "krocedures" and inserting in lieu thereof "procedures". (14) Paragraph (5) of section 2305(b) is reset full measure. (15) Section 2306 is amended— (A) by adding a period at the end of subsection (a); and (B) by striking out "of this title" in subsection (b). (16) Section 2310 is amended by inserting "this" after "2305 of. (17) The heading of section 2691 is amended to read as follows: "§ 2691. Restoration of land used by permit or lease from other agencies". (18) Section 2821(b) is amended by striking out "paragraph" before the period at the end and inserting in lieu thereof "subsection. (19) Section 2852 is amended by striking out "section 3324(a) and (b)" and inserting in lieu thereof "subsections (a) and (b) of section 3324". (20XA) Section 3843(b) is amended by striking out "after July 1, 1960,". (B) Sections 3848(a), 3851(a), and 3852 are amended by striking out "After July 1, 1960, each" and inserting in lieu thereof "Each". (21) Section 5985 is amended by striking out "the Act of March 4, 1911, ch. 265, 36 Stat. 1353, as amended," and inserting in lieu thereof "section 1304 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295c),". (22) Section 6148 is amended by redesignating subsection (e) 98 Stat. 2543. as subsection (d). (23) Section 7204(a) is amended— 98 Stat. 2620. (A) by running "contribute, out o f in after "Secretary of the Navy may"; (B) by aligning clauses (1) through (4) so as to be cut in two ems; and

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 99 STAT. 740

PUBLIC LAW 99-145—NOV. 8, 1985 (C) by aligning the matter after clause (4) flush with thev margin. (24XA) The heading of section 7309 is amended by striking out the fifth word. (B) The item relating to that section in the table of sections at the beginning of chapter 633 is amended by striking out the fifth word. (25) Section 7431(c) is amended— (A) by striking out "the" at the beginning of paragraphs (1), (2), and (3) and inserting in lieu thereof "The"; (B) by striking out the semicolons at the end of paragraphs (1), (2), and (3) and inserting in lieu thereof periods; (C) by striking out "a summary" at the beginning of paragraph (4) and inserting in lieu thereof "A summary"; (D) by striking out "; and" at the end of paragraph (4) and inserting in lieu thereof a period; and (E) by striking out "such" at the beginning of paragraph (5) and inserting in lieu thereof "Such'. (26) The item relating to section 8202 in the table of sections at the beginning of chapter 831 is amended to read as follows: "8202. Air Force: strength in grade; general officers.".

98 Stat. 2542.

98 Stat. 2537.

(27)(A) Section 8848(a) is amended by striking out "After June 30, 1960, each" and inserting in lieu thereof "Each". (B) Sections 8851(a) and 8852(a) are amended by striking out "After June 30, 1960, except" and inserting in lieu thereof "Except". (28) Section 944 lOt)) is amended by striking out "and" at the end of clause (8). (b) AMENDMENTS TO TITLE 37.—Title 37, United States Code, is amended as follows: (1) Section 203(a) is amended by inserting "or as otherwise prescribed by law" before the period. (2) Section 301(c)(l) is amended by striking out the first comma after "(10)". (3) Sections 308g(f) and 308h(e) are amended by striking out "the date of the enactment of the Department of Defense Authorization Act, 1984" and inserting in lieu thereof "September 24, 1983". (4) Section 312b(c) is amended by striking out "make an annual report to the House and Senate Armed Services Committees" and inserting in lieu thereof "submit to the Committees on Armed Services of the Senate and House of Representatives an annual report". (5) Section 402(b) is amended by inserting "or as otherwise prescribed by law" before the period at the end of the fourth sentence. (6) Section 403(a) is amended by inserting "or as otherwise prescribed by law" after "of this title". (7) The table of sections at the beginning of chapter 7 is amended— (A) by striking out the semicolon in the item relating to section 404 and inserting in lieu thereof a colon; (B) by striking out the item relating to section 405a and inserting in lieu thereof the following: "405a. Travel and transportation allowances: departure allowances.";

and

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99 STAT. 741

(C) by striking out the item relating to section 425 and inserting in lieu thereof the following: "425. United States Navy Band; United States Marine Band: allowances while on concert tour.".

(8) The heading of section 405 is amended to read as follows: "§405. Travel and transportation allowances: per diem while on duty outside the United States or in Hawaii or Alaska". (9) Section 406(k) is amended by striking out "to carry out subsection (b)" and inserting in lieu thereof "for providing transportation of household effects of members of the armed forces under subsection (b)". (10) Section 429 is amended by inserting "(20 U.S.C. 921 et seq.)" after "Defense Dependents' Education Act of 1978". (11) Section 557(c) is amended by inserting "of this title" after "section 558" both places it appears. (12) Section 1006(h) is amended by striking out "section 3324(a) and (b)" and inserting in lieu thereof "subsections (a) and (b) of section 3324". (13)(A) Section 1012 is amended— (i) by striking out "under sections 206(a), (b), and (d), 301(f), 309, 402(b) (last sentence), and 1002 of this title for pay" and inserting in lieu thereof "for the pay, under subsections (a), (b), and (d) of section 206, section 301(f), the last sentence of section 402(b), and section 1002 of this title,"; (ii) by striking out "Disbursements" and inserting in lieu thereof "All such disbursements"; and (iii) by striking out "under the" and inserting in lieu thereof "as prescribed in those". (B) The heading of that section is amended to read as follows: "§ 1012. Disbursement and accounting: pay of enlisted members of the National Guard". (C) The item relating to that section in the table of sections at the beginning of chapter 19 is amended to read as follows: "1012. Disbursement and accounting: pay of enlisted members of the National Guard.".

(D) The amendments made by this paragraph shall take effect as if included in the enactment of section 2(i) of Public Law 97-258.

37 USC 1012 note. 96 Stat. 1052.

SEC. 1304. CLERICAL AMENDMENTS TO FEDERAL PROCUREMENT LAW (a) DEFENSE PROCUREMENT LAW.—Chapter 138 of title 10, United

States Code, is amended as follows: (1) Sections 2321, 2322, 2323 (as amended by section 9610))), 2324, 2325, 2326, 2327, and 2328 are redesignated as sections 2341 through 2348, respectively. (2) Section 2329 is repealed. (3) Sections 2330 and 2331 are redesignated as sections 2349 and 2350, respectively. (4) Sections 2341 and 2342 (as so redesignated) are amended by striking out "section 2323" and inserting in lieu thereof "section 2343". (5) Section 2323 (as so redesignated) is amended—

98 Stat. 2597, 2598.

10 USC

2324-2328. Repeal. 10 USC 2330, 2331.

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 99 STAT. 742

10 USC 2213.

98 Stat. 1182. 98 Stat. 3086.

41 USC 253c253g. 98 Stat. 3068.

98 Stat. 1199.

PUBLIC LAW 99-145—NOV. 8, 1985 (A) by striking out "section 2321" both places it appears and inserting in lieu thereof "section 2341"; and (B) by striking out "section 2322" both places it appears and inserting in lieu thereof "section 2342". (6) The table of sections at the beginning of such chapter is amended— (A) by striking out the item relating to section 2329; and (B) by redesignating the remaining items in the table to reflect the redesignations made by paragraphs (1) and (3). (b) CONFORMING AMENDMENT.—Section 2213(e)(2) of such title is amended by striking out "section 2331" and inserting in lieu thereof "section 2350". (c) CIVILIAN AGENCY PROCUREMENT.—The Federal Property and Administrative Services Act of 1949 is amended as follows: (1) Section 111(h)(3)(A) (40 U.S.C. 759(h)(3)(A)) is amended by striking out "Board" and inserting in lieu thereof "board". (2) Section 303(f)(1)(C) (41 U.S.C. 253(f)(1)(C)) is amended by striking out "Any" and inserting in lieu thereof "any". (3) Section 303(g)(1) (41 U.S.C. 253(g)(1)) is amended by inserting a comma after "1984". (4)(A) Sections 303D, 303E, 303F, 303G, and 303H (as added by title II of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98-577)) are redesignated as sections 303C, 303D, 303E, 303F, and 303G, respectively. (B) The items relating to those sections in the table of contents for such Act are redesignated to reflect the redesignations by subparagraph (A). (d) MILITARY AND CIVILIAN PROCUREMENT.—Section 3551(1) of title 31, United States Code, is amended by striking out "executive agency" and inserting in lieu thereof "Federal agency".

TITLE XIV—GENERAL PROVISIONS PART A—FINANCIAL MATTERS SEC. 1401. TRANSFER AUTHORITY

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this Act between any such authorizations (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) The total amount of authorizations that the Secretary of Defense may transfer under the authority of this section may not exceed $2,000,000,000. (b) LIMITATIONS.—The authority provided by this section to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress.

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(c) NOTICE TO CONGRESS.—The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this section. SEC. 1402. AUTHORIZATION OF TRANSFERS FOR FY85 PAY SUPPLEMENTAL

There is authorized to be transferred to, and merged with, amounts appropriated to the Department of Defense for operation and maintenance and for military personnel for fiscal year 1985 such sums as may be necessary to provide for civilian and military pay raises provided by law. Such amounts shall be derived from amounts previously appropriated to the Department of Defense remaining available for obligation and no longer required for the purposes for which they were originally provided. Transfers authorized by this section may be made only to the extent provided in appropriation Acts. SEC. 1403. SPECIAL DEFENSE ACQUISITION FUND

Section 138(g) of title 10, United States Code, is amended by striking out "$300,000,000" and all that follows and inserting in lieu thereof "$1,000,000,000.". SEC. 1404. REVISIONS TO DEFENSE BUDGET PLAN

(a) REVISED PLANS.—The Secretary of Defense shall submit to Report. Congress a report containing— (1) a budget plan for the Department of Defense for fiscal years 1987 through fiscal year 1990 in which the total amount of new budget authority proposed for the Department for each fiscal year is not more than three percent over the amount of new budget authority proposed for that Department for the previous fiscal year, adjusted for the official inflation projection for the fiscal year concerned; and (2) a second budget plan for the Department for the fiscal years referred to in clause (1) in which the total amount of new budget authority proposed for the Department for each fiscal year is not more than the amount of new budget authority proposed for that Department for the previous fiscal year, adjusted for the official inflation projection for the fiscal year concerned. (b) BASELINE.—The budget plans required by subsection (a) shall be based on the levels of authorizations of appropriations for the Department of Defense for fiscal year 1986 provided by this and any other Act. (c) MATTERS TO B E INCLUDED.—The plans included in the report under subsection (a) shall include the following: (1) A single amount for the amount of new budget authority proposed for each appropriation account of the Department of Defense, except that the amount of such new budget authority for the procurement appropriation accounts shall be shown at the budget-activity level. (2) The annual procurement plan for each of the fiscal years covered for each major defense acquisition program, as defined in section 139a(a) of title 10, United States Code. (d) DEADLINE FOR SUBMISSION.—The report required by subsection (a) shall be submitted not later than 60 days after the date of the enactment of this Act.

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 99 STAT. 744 31 USC 1105 note.

98 Stat. 2324.

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 1405. TWO-YEAR BUDGET CYCLE FOR THE DEPARTMENT OF DEFENSE

(a) FINDINGS.—The Congress finds that the programs and activities of the Department of Defense could be more effectively and efficiently planned and managed if funds for the Department were provided on a two-year cycle rather than annually. (b) REQUIREMENT FOR TWO-YEAR BUDGET PROPOSAL.—The President shall include in the budget submitted to the Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 1988 a single proposed budget for the Department of Defense and related agencies for fiscal years 1988 and 1989. Thereafter, the President shall submit a proposed two-year budget for the Department of Defense and related agencies every other year. (c) REPORT.—Not later than April 1, 1986, the Secretary of Defense shall submit to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a report containing the Secretary's views on the following: (1) The advantages and disadvantages of operating the Department of Defense and related agencies on a two-year budget cycle. (2) The Secretary's plans for converting to a two-year budget cycle. (3) A description of any impediments (statutory or otherwise) to converting the operations of the Department of Defense and related agencies to a two-year budget cycle beginning with fiscal year 1988. SEC. 1406. REPORT ON BUDGETING FOR INFLATION

(a) REPORT ON SAVINGS FROM LOWER INFLATION.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing an explanation of what the Department of Defense does in any fiscal year with funds that are not expended as a result of a decrease in the anticipated rate of inflation during that year. (b) PROPOSALS FOR N E W BUDGET SYSTEM FOR INFLATION ALLOW-

ANCE.—The Secretary shall include in the report under subsection (a) a proposal, or alternative proposals, for a budget system under which— (1) funds that are appropriated to the Department of Defense for any fiscal year for procurement or for research, development, test, and evaluation would be appropriated to the Department without the addition of an amount for anticipated inflation during such fiscal year; and (2) requests would be made to Congress at the end of the fiscal year for any additional funds made necessary by reason of inflation during the fiscal year. (c) RECOMMENDATIONS.—The Secretary shall include in such report— (1) the Secretary's recommendations for procedures that would effectively implement a proposal submitted under subsection (b); and (2) a discussion of the advantages and disadvantages of instituting such a proposal, together with any other comments and recommendations that the Secretary considers appropriate.

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 PUBLIC LAW 99-145—NOV, 8, 1985 SEC. 1407. REPORT OF UNOBLIGATED BALANCES

(a) REQUIRED REPORTS.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives reports containing an estimate of the amount of funds in each appropriation account of the Department of Defense that at the time of the report— (1) is available for obligation; and (2) is in excess of the amount needed to carry out the programs for which the funds were appropriated. (b) MATTERS TO B E INCLUDED.—Each estimate under subsection (a) shall include amounts attributable to— (1) inflation savings; (2) foreign currency savings; (3) excess working capital fund cash; and (4) all other savings. (c) UNANTICIPATED INCREASES.—The report shall also identify unanticipated cost increases resulting from adverse economic trends. (d) SUBMISSION OF REPORT.—The reports shall be submitted to Congress each year with the President's budget for the next fiscal year, with the April Budget Update, and with the Mid-Session Budget Review. However, the first such report shall be submitted not later than 30 days after the date of the enactment of this Act. SEC. 1408. AUTHORIZATION OF APPROPRIATIONS FOR PURCHASE OF FOREIGN CURRENCIES

There is hereby authorized to be appropriated for fiscal year 1986 the amount of $2,100,000 for the purchase of foreign currencies from the Treasury Department to pay expenses incurred in carrying out programs of the Department of Defense. PART B—CHEMICAL WEAPONS SEC. 1411. CONDITIONS ON SPENDING FUNDS FOR BINARY CHEMICAL MUNITIONS

(a) LIMITATION ON FY86 FUNDS.—Funds appropriated pursuant to authorizations of appropriations in title I may not be used— (1) for procurement or assembly of binary chemical munitions (or components of such munitions); or (2) for establishment of production facilities necessary for procurement or assembly of binary chemical munitions (or components of such munitions), except in accordance with subsections (b) and (c). (b) NATO CONSULTATION.—Subject to subsection (c), funds referred to in subsection (a) may be used for procurement or assembly of binary chemical munitions or for the establishment of production facilities necessary for the procurement or assembly of binary chemical munitions (or components of such munitions) if the President certifies to Congress that the United States— (1) has developed a plan under which United States binary chemical munitions can be deployed under appropriate contingency plans to deter chemical weapons attacks against the United States and its allies; and (2) has consulted with other member nations of the North Atlantic Treaty Organization (NATO) on that plan. A plan under clause (1) shall be developed in cooperation with the Supreme Allied Commander, Europe.

99 STAT. 745 10 USC 133 note.

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 99 STAT. 746

PUBLIC LAW 99-145—NOV. 8, 1985 (c) CONDITIONS FOR FINAL ASSEMBLY.—Funds referred to in subsec-

Defense and national ^®*^""*y-

Post, p. 747.

tion (a) may not be used for the final assembly of complete binary chemical munitions before October 1, 1987, and may only be used for such purpose on or after that date if— (1) a mutually verifiable international agreement concerning binary and other similar chemical munitions has not been entered into by the United States by that date; (2) the President, after that date, transmits to Congress a certification that— (A) final assembly of such complete munitions is necessitated by national security interests of the United States and the interests of other NATO member nations; (B) performance specifications and handling and storage safety specifications established by the Department of Defense with respect to such munitions will be met or exceeded; (C) applicable Federal safety requirements will be met or exceeded in the handling, storage, and other use of such munitions; and (D) the plan of the Secretary of Defense for destruction of existing United States chemical warfare stocks developed pursuant to section 1412 (which shall, if not sooner transmitted to Congress, accompany such certification) is ready to be implemented; (3) final assembly is carried out only after the end of the 60day period beginning on the date such certification is received by the Congress; (4) the plan of the Secretary of Defense for land-based storage of such munitions within the United States during peacetime provides that the two components that constitute a binary chemical munition are to be stored in separate States; and (5) the plan of the Secretary of Defense for the transportation of such munitions within the United States during peacetime provides that the two components that constitute a binary munition are transported separately. (d) SENSE OF CONGRESS.—It is the sense of Congress that existing unitary chemical munitions currently stored in the United States and in European member nations of NATO should be replaced by modern, safer binary chemical munitions. (e) REPORT.—Not later than October 1, 1986, the President shall submit to Congress a report describing the results of consultations among NATO member nations concerning the organization's chemical deterrent posture. The report shall include descriptions of any consultations concerning— (1) efforts to provide key civilian workers at military support facilities in Europe— (A) with personal and collective equipment to protect against the use of chemical munitions; and (B) with the training required for the use of such equipment; (2) efforts to upgrade the chemical reconnaissance, decontamination, and protective capabilities of the military forces of each NATO member nation to a level adequate to meet the chemical threat identified in NATO intelligence estimates; (3) efforts to initiate a NATO-wide study of measures required to protect ports, airfields, logistics centers, and command and

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99 STAT. 747

control facilities in European member nations of NATO against chemical attack; and (4) efforts to initiate a NATO-wide study of equitable and efficient sharing among NATO member nations of responsibilities with regard to deterring the use of chemical munitions in Europe. SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS

. (a) IN GENERAL.—(1) Notwithstanding any other provision of law, the Secretary of Defense (hereinafter in this section referred to as the "Secretary") shall, in accordance with the provisions of this section, carry out the destruction of the United States' stockpile of lethad chemical agents and munitions that exists on the date of the enactment of this Act. (2) Such destruction shall be carried out in conjunction with the acquisition of binary chemical weapons for use by the Armed Forces. (b) DATE FOR COMPLETION.—(1) Except as provided by paragraphs (2) and (3), the destruction of such stockpile shall be completed by September 30, 1994. (2) If a treaty banning the possession of chemical agents and munitions is ratified by the United States, the date for completing the destruction of the United States' stockpile of such agents and munitions shall be the date established by such treaty. (3)(A) In the event of a declaration of war by the Congress or of a national emergency by the President or the Congress or if the Secretary of Etefense determines that there has been a significant delay in the acquisition of an adequate number of binary chemical weapons to meet the requirements of the Armed Forces (as defined by the Joint Chiefs of Staff as of September 30, 1985), the Secretary may defer, beyond September 30, 1994, the destruction of not more than 10 percent of the stockpile described in subsection (a)(l). (B) The Secretary shall transmit written notice to the Congress of any deferral made under subparagraph (A) within 30 days after the date on which the determination to defer is made or by August 31, 1994, whichever is earlier. (c) ENVIRONMENTAL PROTECTION AND U S E OF FACILITIES.—(1)

In

carrying out the requirement of subsection (a)(D, the Secretary shall provide for— (A) maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions referred to in subsection (a); and (B) adequate and safe facilities designed solely for the destruction of lethal chemical agents and munitions. (2) Facilities constructed to carry out this section may not be used for any purpose other than the destruction of lethal chemical weapons and munitions, and when no longer needed to carry out this section, such facilities shall be cleaned, dismantled, and disposed of in accordance with applicable laws and regulations. (d) PLAN.—(1) The Secretary shall develop a comprehensive plan to carry out this section. (2) In developing such plan, the Secretary shall consult with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency. (3) The Secretary shall transmit a copy of such plan to the Congress not later than March 15, 1986.

51-194 O - 88 - 25: QL. 3

Parti

50 USC 1521.

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PUBLIC LAW 99-145—NOV. 8, 1985

(4) Such plan shall provide— (A) an evaluation of the comparison of onsite destruction, regional destruction centers, and a national destruction site both inside and outside of the United States; (B) for technological advances in techniques used to destroy chemical munitions; (C) for the maintenance of a permanent, written record of the destruction of lethal chemical agents and munitions carried out under this section; and (D) a description of— (i) the methods and facilities to be used in the destruction of agents and munitions under this section; (ii) the schedule for carrying out this section; and (iii) the management organization established under subsection (e). (e) MANAGEMENT ORGANIZATION.—(1) In carrying out this section, the Secretary shall provide for the establishment, not later than May 1, 1986, of a management organization within the Department of the Army. (2) Such organization shall be responsible for management of the destruction of agents and munitions under this section. (3) The Secretary shall designate a general officer as the director 01 the management organization established under paragraph (1). Such officer shall have— (A) experience in the acquisition, storage, and destruction of chemical agents and munitions; (B) training in chemical warfare defense operations; and (C) outstanding qualifications regarding safety in handling chemical agents and munitions. (f) IDENTIFICATION OF FUNDS.—Funds for carrying out this section shall be set forth in the budget of the Department of Defense for any fiscal year as a separate account. Such funds shall not be included in the budget accounts for any military department. Funds for military construction projects necessary to carry out this section may be set out in the annual military construction budget separately from other funds for such project. (g) ANNUAL REPORT.—(1) Except as provided by paragraph (4), the

Secretary shall transmit, by December 15 of each year, a report to the Congress on the activities carried out under this section during the fiscal year ending on September 30 of the calendar year in which the report is to be made. (2) The first such report shall be transmitted by December 15, 1985, and shall contain— (A) an accounting of the United States' stockpile of lethal chemical agents and munitions on the date of the enactment of this Act; and (B) a schedule of the activities planned to be carried out under this section during fiscal year 1986. (3) Each report other than the first one shall contain— (A) a site-by-site description of the construction, equipment, operation, and dismantling of facilities (during the fiscal year for which the report is made) used to carry out the destruction of agents and munitions under this section, including any accidents or other unplanned occurrences associated with such construction and operation; and

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99 STAT. 749

(B) an accounting of all funds expended (during such fiscal year) for activities carried out under this section, with a separate accounting for amounts expended for— (i) the construction of and equipment for facilities used for the destruction of agents and munitions; (ii) the operation of such facilities; (iii) the dismantling or other closure of such facilities; Research and (iv) research and development; and development. (v) program management. (4) The Secretary shall transmit the final report under this subsection not later than 120 days following the completion of activities under this section. (h) PROHIBITION ON ACQUIRING CERTAIN LETHAL CHEMICAL AGENTS

AND MUNITIONS.—(1) Except as provided in paragraph (2), no agency of the Federal Government may, after the date of the enactment of this Act, develop or acquire lethal chemical agents or munitions other than binary chemical weapons. (2)(A) The Secretary of Defense may acquire any chemical agent or munition at any time for purposes of intelligence analysis. (B) Chemical agents and munitions may be acquired for research, Research and development, test, and evaluation purposes at any time, but only in development. quantities needed for such purposes and not in production quantities. (i) REAFFIRMATION OF UNITED STATES POSITION O N FIRST U S E OF CHEMICAL AGENTS AND MUNITIONS.—It is the sense of Congress that

the President should publicly reaffirm the position of the United States as set out in the Geneva Protocol of 1925, which the United States ratified with reservations in 1975. (j) DEFINITIONS.—For purposes of this section: (1) The term "chemical agent and munition" means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke and other obscuration materials. (2) The term "lethal chemical agent and munition" means a chemical £^ent or munition that is designed to cause death, through its chemical properties, to human beings in field concentrations. (3) The term "destruction" means, with respect to chemical munitions or agents— (A) the demolishment of such munitions or agents by incineration or by any other means; or (B) the dismantling or other disposal of such munitions or agents so as to make them useless for military purposes and harmless to human beings under normal circumstances. (k) EFFECTIVE DATE.—The provisions of this section shall take effect on October 1, 1985. SEC. 1413. REPORT CONCERNING THE TESTING OF CHEMICAL WARFARE AGENTS

The Secretary of Defense shall, within 90 days after the date of enactment of this Act, transmit a report to the Committees on Armed Services of the Senate and House of Representatives describing the following matters concerning the testing of diluted or undiluted chemical warfare agents: (1) The criteria and process used for selecting sites for such testing.

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 99 STAT. 750

PUBLIC LAW 99-145—NOV. 8, 1985 (2) The nature and extent of any consultation carried out with State and local officials before the site for such testing is selected. (3) The consideration that is given to the proximity of residential dwelling units, schools, child care centers, nursing homes, hospitals, or other health care facilities to the testing site. (4) Whether an environmental impact statement should be required prior to the approval of a contract for such testing. (5) Any costs that may have to be incurred by the Federal Government to assist companies that carry out such testing to relocate to more isolated areas. (6) The degree to which the Secretary estimates that such testing will increase or decrease. (7) Any recurring problems associated with such testing or the site selection process for such testing. (8) Any changes in site selection process that are to be implemented by the Secretary or for which legislative action is necessary. PART C—DRUG INTERDICTION, LAW ENFORCEMENT, AND OTHER SPECIFIC PROGRAMS

14 USC 89 note.

SEC. 1421. ENHANCED DRUG-INTERDICTION ASSISTANCE (a) MANDATORY ASSIGNMENT OF COAST GUARD PERSONNEL ON NAVAL VESSELS.—The Secretary of Defense and the Secretary of

Transportation shall provide that there be assigned on board each surface naval vessel at sea in a drug-interdiction area at least one member of the Coast Guard who is trained in law enforcement and has power to arrest, search, and seize property and persons suspected of violations of law. (b) LAW ENFORCEMENT FUNCTIONS.—Members of the Coast Guard assigned to duty on board naval vessels under this section shall perform such law enforcement functions (including drug-interdiction functions)— (1) as may be agreed upon by the Secretary of Defense and the Secretary of Transportation; and (2) as are otherwise within the jurisdiction of the Coast Guard. (c) AUTHORIZATION OF NECESSARY COAST GUARD PERSONNEL; FUND-

ING.—(1) The active-duty military strength level for the Coast Guard for fiscal year 1986 is increased by 500. Additional members of the Coast Guard who are on active duty by reason of this subsection shall be assigned to duty as provided in subsection (a). (2) Of the funds appropriated for operation and maintenance for the Navy for fiscal year 1986, the sum of $15,000,000 shall be transferred to the Secretary of Transportation and shall be available only for the additional personnel authorized by paragraph (1). (d) DEFINITIONS.—For the purposes of this section: (1) The term "drug-interdiction area" means an area outside the land area of the United States in which the Secretary of Defense (in consultation with the Attorney General) determines that activities involving smuggling of drugs into the United States are ongoing. (2) The term "active-duty military strength level for the Coast Guard for fiscal year 1986" means the full-time equivalent strength level for active-duty military personnel of the Coast

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99 STAT. 751

Guard for fiscal year 1986 required to be maintained by section 3 of the Coast Guard Authorization Act of 1984 (Public Law 98557; 98 Stat. 2860). SEC. 1422. ESTABLISHMENT, OPERATION, AND MAINTENANCE OF DRUG LAW ENFORCEMENT ASSISTANCE ORGANIZATIONS OF THE DEPARTMENT OF DEFENSE (a) AUTHORIZATION OF FUNDS FOR ELEMENTS ASSISTING CIVILIAN

DRUG INTERDICTION.—(1) There are authorized to be appropriated to the Department of Defense for fiscal year 1986 such sums as may be necessary for the establishment, operation, and maintenance of airborne surveillance, detection, and interdiction units in the Department of Defense. (2) There are authorized to be appropriated to the Department of Defense for fiscal year 1986 such sums as may be necessary for the operation and maintenance of the Directorate of the Department of Defense Task Force on Drug Law Enforcement. (b) COMMAND, CONTROL, AND COORDINATION.—A special operations headquarters element shall provide necessary command, control, and coordination of appropriate active or Reserve component special operations forces, combat rescue units, and other units for participation by such forces and units in drug law-enforcement assistance missions. (c) REPORT ON PLANS TO ENHANCE COOPERATION WITH CIVILIAN DRUG ENFORCEMENT AGENCIES.—Not later than December 1, 1985,

Aircraft and air

carriers.

the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the manner in which the Department of Defense plans to obligate and expend funds appropriated or expected to be appropriated pursuant to the authorizations contained in this section. The report shall include a description of— (1) actions or proposed actions to establish, operate, and maintain reserve component forces, airborne surveillance, detection, and interdiction units, including— (A) actions or proposed actions to consolidate or establish, in a Special Operations Wing of thib Air Force (reserve or active component), command, control, and coordination of Air Force Special Operations aircraft (including aircraft assigned to the Special Operations Wing of the Regular Air Force on or before March 1, 1985); and (B) in the case of any such aircraft which are not to remain assigned to a Special Operation Wing of the Air Force, the disposition or planned disposition of those aircraft; (2) actions and proposed actions to use rotary-wing and fixedwing aircraft of the Department of Defense as well as other measures necessary to furnish (commensurate with military readiness and the provisions of chapter 18 of title 10, United States Code) optimal support to civilian law enforcement agen- lo USC 371 et cies; and seq. (3) actions and proposed actions to promote dual use between the reserve component forces and civilian law enforcement agencies of the Department of Defense aircraft and other Department of Defense resources made available to civilian law enforcement agencies for the purpose of carrying out drug interdiction missions.

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 99 STAT. 752

PUBLIC LAW 99-145—NOV. 8, 1985 Sl-X'. 1423. MILITARY CX)PERATIN INFORMATION F R (R A M S FOR CIVILIAN LAW ENFORCEMENT OFFICIALS (a) PROVISION OF LAW ENFORCEMENT ASSISTANCE INFORMATION.—

Section 373 of title 10, United States Code, is amended— (1) by inserting "(a)" before "The"; and (2) by adding at the end thereof the following new subsections: "(b)(1) At least once each year, the Attorney General of the United States, in consultation with the Secretary of Defense, shall conduct a briefing of law enforcement personnel of each State, including law enforcement personnel of the political subdivisions of each State, regarding information, training, technical assistance, and equipment and facilities available to civilian law enforcement personnel from the Department of Defense. "(2) Each briefing conducted under paragraph (1) shall include— "(A) an explanation of the procedures for civilian law enforcement officials— "(i) to obtain information under section 371 of this title, use of equipment and facilities under section 372 of this title, and training and advice under subsection (a); and "(ii) to obtain surplus military equipment; "(B) the types of information, equipment and facilities, and training and advice available to civilian law enforcement offi, cials from the Department of Defense; and "(C) a current, comprehensive list of military equipment which is suitable for law enforcement purposes and is available to civilian law enforcement officials from the Department of Defense or is available as surplus property from the Administrator of General Services. "(c) The Attorney General of the United States and the Administrator of General Services shall— "(1) establish or designate an appropriate office or offices to maintain the list described in subsection (bK2XC) and to furnish information to civilian law enforcement officials on the availability of surplus military equipment; and "(2) make available to civilian law enforcement personnel nationwide, tollfree telephone communication with such office or offices.". 10 USC 373 note. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on January 1, 1986. SEC. 1424. STUDY ON THE USE OF THE E-2 AIRCRA^T FOR DRUG INTERDICTION PURPOSES

Mexico.

(a) STUDY BY SECRETARY OF THE NAVY.—The Secretary of the Navy shall conduct a test of the use of E-2 aircraft of the Navy to determine the effectiveness of that aircraft in drug interdiction. The study shall be conducted along the border between the United States and Mexico and shall be carried out over a period of 6 months. (b) COLLECTION OF DATA.—As part of the test, the Secretary shall collect data on the contribution on the use of the E-2 aircraft to the apprehension of drug smugglers. This data shall include the number of intercepts which resulted in apprehensions. (c) REPORT.—Not later than September 30, 1986, the Secretary shall submit to Congress a report on the results of the study.

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 99 STAT. 753

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 1425. STRATEGIC BOMBER PROCJRAMS (a) SENSE OF CONGRESS REGARDING THE ADVANCED TECHNOLOGY BOMBER AND THE ADVANCED CRUISE MISSILE.—It is the sense of

Congress that— (1) the capabilities inherent in the technologies associated with the Advanced Technology Bomber program and the Advanced Cruise Missile program are a critical national security asset for 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; (3) such technologies and programs should be funded at the levels authorized in this Act; and (4) all the funds appropriated for such programs should be fully used for such programs. (b) PROHIBITION ON USE OF FUNDS FOR A T B AND ACM

FOR ANY

OTHER PURPOSE.—None of the funds appropriated pursuant to an authorization of appropriations in this Act to carry out the Advanced Technology Bomber program or the Advanced Cruise Missile program may be used for any other purpose. (c) SENSE OF CONGRESS ON B-IB BOMBER PROGRAM.—It is the sense of Congress that, consistent with the stated policy of the Department of Defense, the B-IB bomber aircraft procurement program should be terminated after acquisition under such program of 100 aircraft. (d) LIMITATION ON NUMBER OF B-IB AIRCRAFT TO B E PROCURED.—

None of the funds appropriated pursuant to an authorization contained in this Act may be obligated or expended for the conduct of research, design, demonstration, development, or procurement of more than 100 B-IB bomber aircraft (including any derivative or modified version of such aircraft). SEC. 1426. RESTRICTIONS ON CERTAIN NUCLEAR PROGRAMS (a) RESTRICTION ON FUNDING FOR MX MISSILE WARHEAD.—None of

the funds appropriated pursuant to an authorization provided in this or any other Act may be obligated or expended for the production of W-87 warheads for the MX missile program in excess of the numbers of warheads required to arm the number of such missiles authorized by the Congress to be deployed and determined by the President to be necessary for quality assurance and reliability testing. (b) EMPLOYMENT OF THE STANDARD MISSILE (SM-2(N)).—Except for

the studies and report required by this section, none of the funds authorized to be appropriated by this Act may be expended for research, development, test, or procurement associated with a nuclear variant of the Standard Missile (SM-2(N)) or any associated nuclear warhead until 30 calendar days after the Secretary of the Navy submits to the Committees on Armed Services of the Senate and House of Representatives a report which includes the following information: (1) A description of the circumstances under which the SM-2(N) would be used and an assessment of likely enemy response (including countermeasures).

Union of Soviet Socialist Republics.

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 99 STAT. 754

PUBLIC LAW 99-145—NOV. 8, 1985 (2) A description of the release procedures and circumstances under which release would be authorized for employment of the SM-2(N). (3) An analysis of conventional alternatives to the SM-2(N), including any necessary modification to the SM-2 or alternative to the Standard Missile or warhead, and the associated costs of those alternatives. (4) A summary of all studies previously conducted analyzing the impact of the use of nuclear naval surface-to-air missiles on our own vessels and electronics. (5) A list of all United States ships which may receive the SM-2(N). (6) The number of additional conventional armed missiles which could be carried by United States ships if the SM-2(N) were not deployed and the impact on fleet air defense from that reduced conventional load. (7) Any plans or programs for the development of a nuclear naval surface-to-air or air-to-air missile for fleet defense other than the SM-2(N). (c) REPORT ON REQUIREMENTS FOR SPECIAL NUCLEAR MATERIALS.—

(1) Not later than March 1, 1986, the Secretary of Defense and the Secretary of Energy, after consultation with the Joint Chiefs of Staff and the Director of the Arms Control and Disarmament Agency, shall submit a report to the Committees on Armed Services of the Senate and House of Representatives detailing the military requirements for special nuclear materials through fiscal year 1991. The report shall include findings and recommendations concerning— (A) requirements for production of plutonium, highly enriched uranium, and other special nuclear materials; and (B) the recovery of special nuclear materials for military uses that have been transferred from military uses to civilian research and development uses. (2) The report should also— (A) address the availability of special nuclear materials to be derived from the retirement of existing nuclear weapons; (B) address the feasibility of meeting military needs for special nuclear materials through the blending of high grade and low grade materials stocks; (C) assess the impact of new materials separation, purification, and production technologies on nuclear proliferation; and (D) contain the views of the Joint Chiefs of Staff and the Director of the Arms Control and Disarmament Agency. PART D—MISCELLANEOUS REPORTING REQUIREMENTS SEC.

1431. EXTP:NSIN OF T I M E

FOR SUBMISSION

OF R E P O R T S BY

COMMISSION ON MERCHANT MARINE AND DEFENSE

46 USC app. 1120 Section 1536 of the Department of Defense Authorization Act, note. 1985 (Public Law 98-525; 98 Stat. 2633), is amended— (1) by striking out "on September 30, 1985, and September 30, 1986" in subsection (b) and inserting in lieu thereof "12 months after the date of the enactment of the law first providing funds for the Commission and 24 months after such date"; (2) in subsection (g)—

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