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"(4) The Secretary shall exercise his authority under this subsection to prohibit the dissemination of any information described in paragraph (1)— "(A) so as to apply the minimum restrictions needed to protect the health and safety of the public or the common defense and security; and "(B) upon a determination that the unauthorized dissemination of such information could reasonably be expected to result u in a significant adverse effect on the health and safety of the public or the common defense and security by significantly -^ increasing the likelihood of— t, "(i) illegal production of nuclear weapons, or o "(ii) theft, diversion, or sabotage of nuclear materials, equipment, or facilities. "(b) Nothing in this section shall be construed to authorize the Secretary to withhold, or to authorize the withholding of, information from the appropriate committees of the Congress. "(c) Any determination by the Secretary concerning the applicability of this section shall be subject to judicial review pursuant to section 552(a)(4)(B) of title 5. Reports. "(d) The Secretary shall prepare on a quarterly basis a report to be made available upon the request of any interested person, detailing the Secretary's application during that period of each regulation or order prescribed or issued under this section. In particular, such report shall— "(1) identify any information protected from disclosure pursuant to such regulation or order; ^,i "(2) specifically state the Secretary's justification for deter;/J mining that unauthorized dissemination of the information protected from disclosure under such regulation or order could nly&J or c* reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of illegal •Hnt^i J i i l A? ^ "^' production of nuclear weapons or the theft, diversion, or sabotage of special nuclear materials, equipment, or facilities, as specified under subsection (a); and "(3) provide justification that the Secretary has applied such regulation or order so as to protect from disclosure only the minimum amount of information necessary to protect the health and safety of the public or the common defense and security.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127 the following new item: "128. Physical protection of special nuclear material: limitation on dissemination of unclassified information.". PART D—SPECIAL ACCESS PROGRAMS SEC. 1131. SENSE OF CONGRESS WITH RESPECT TO DISCLOSURE OF CERTAIN BUDGET AND SCHEDULE INFORMATION ABOUT SPECIFIED SPECIAL ACCESS PROGRAMS Research and development.

It is the sense of Congress that— (1) the Advanced Technology Bomber program, the Advanced Cruise Missile program, and the Advanced Tactical Aircraft program involve the development and production of new ad-

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vanced technologies that are critical to United States national security; (2) it is appropriate and necessary that certain information involving the technological characteristics and performance of the systems referred to in paragraph (1) remain appropriately classified in conjunction with the national security interest; and (3) it would be consistent with the public interest and would not jeopardize the national security for the Secretary of Defense to disclose, in a nonclassified form, information about each of the systems referred to in paragraph (1) with respect to total program cost, the amount of the annual program budget request, and a general description of program schedule. SEC. 1132. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS

Classified information.

Public information.

Reports.

(a) SUBMISSION OF CERTAIN BUDGET INFORMATION TO CONGRESS.—

(1) Chapter 2 of title 10, United States Code, is amended by adding at the end the following new section: "§ 119. Special access programs: congressional oversight "(a)(1) Not later than February 1 of each year, the Secretary of Defense shall submit to the defense committees a report on special access programs. "(2) Each such report shall set forth— "(A) the total amount requested for special access programs of the Department of Defense in the President's budget for the next fiscal year submitted under section 1105 of title 31; and "(B) for each program in that budget that is a special access program— "(i) a brief description of the program; "(ii) a brief discussion of the major milestones established for the program; "(iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and "(iv) the estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted. "(3) In the case of a report under paragraph (1) submitted in a year during which the President's budget for the next fiscal year, because of multiyear budgeting for the Department of Defense, does not include a full budget request for the Department of Defense, the report required by paragraph (1) shall set forth— "(A) the total amount already appropriated for the next fiscal year for special access programs of the Department of Defense and any additional amount requested in that budget for such programs for such fiscal year; and "(B) for each program of the Department of Defense that is a special access program, the information specified in paragraph (2)(B). "(b)(1) Not later than February 1 of each year, the Secretary of Defense shall submit to the defense committees a report that, with respect to each new special access program, provides— "(A) notice of the designation of the program as a special access program; and "(B) justification for such designation.

10 USC 119.

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10 USC 119 note.

10 USC 119 note.

PUBLIC LAW 100-180—DEC. 4, 1987

"(2) A report under paragraph (1) with respect to a program shall include— "(A) the current estimate of the total program cost for the program; and "(B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice. "(3) In this subsection, the term 'new special access program' means a special access program that has not previously been covered in a notice and justification under this subsection. "(c) Whenever a change is made in the status of a program of the Department of Defense as a special access program, the Secretary of Defense shall submit to the defense committees a report describing the change. Any such report shall be submitted not later than 30 days after the date on which the change takes effect. "(d) Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department of Defense as a special access program, the Secretary of Defense shall promptly notify the defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified. "(e)(1) The Secretary of Defense may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. Any such waiver shall be made on a case-bycase basis. "(2) If the Secretary exercises the authority provided under paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the defense committees. "(f) In this section, the term 'defense committees' means— "(1) the Committees on Armed Services of the Senate and .. House of Representatives; and "(2) the Defense Subcommittees of the Committees on Appropriations of the Senate and House of Representatives.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "119. Special access programs: congressional oversight.". (b) FIVE-YEAR REFERENCE AMOUNTS.—The

first report under subsection (a) of section 119 of title 10, United States Code (as added by subsection (a)), shall set forth— (1) the total amount requested in the President's budget for each of the five previous fiscal years for special access programs of the Department of Defense that were included in the budget; and programs. (c) INITIAL REPORT ON SPECIAL ACCESS PROGRAM DESIGNATIONS.—
 * (2) the total amount appropriated for each such year for such

The first report under subsection (b) of section 119 of title 10, United States Code (as added by subsection (a)), shall cover each existing special access program. uui;. K.r.rtn

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SEC. 1133. REPORTS ON CRITERIA FOR DESIGNATING SPECIAL ACCESS PROGRAMS

(a) DOD REPORT.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the defense committees a report on the management of special access programs, including the policy and criteria used for designating a program of the Department of Defense as a special access program. (b) GAO REPORT.—The Comptroller Gener^ of the United States shall study the criteria used by the Secretary of Defense in determining whether to designate a program as a special access program, as set forth in the report under subsection (a), and shall submit to the defense committees a report on the results of that study not later than April 1, 1988. (c) DEFINITION.—In this section, the term "defense committees" has the meaning given that term in section 119(f) of title 10, United States Code (as added by section 1132(a)). TITLE XII—GENERAL PROVISIONS PART A—FINANCIAL AND BUDGET MATTERS SEC. 1201. 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 title I, II, or III for any fiscal year between any such authorizations for that fiscal year (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 for any fiscal year 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. (c) EFFECT ON OBLIGATION LIMITATIONS.—A transfer made under the authority of this section increases by the amount of the transfer the obligation limitation provided on the account (or other amount) to which the transfer is made. (d) NOTICE TO CONGRESS.—The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this section.

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SEC. 1202. LIMITATION ON AVAILABILITY OF FUNDS

Section 2202 of title 10, United States Code, is amended— (1) by inserting "(a)" before "Notwithstanding"; and (2) by adding at the end the following: "(b) Except as otherwise provided by law, the availability for obligation of funds appropriated for any program, project, or activity of the Department of Defense expires at the end of the three-year period b a n n i n g on the date that such funds initially become

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available for obligation unless before the end of such period the Secretary of Defense enters into a contract for such program, project, or activity.". SEC. 1203. REQUIREMENT FOR CONSISTENCY IN THE BUDGET PRESENTATIONS OF THE DEPARTMENT OF DEFENSE

Section 114 of title 10, United States Code, is amended by adding at the end the following new subsection: "(f) The amounts of the estimated expenditures and proposed appropriations necessary to support programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress by the President under such section for any fiscal year or years and the amounts specified in all program and budget information submitted to Congress by the Department of Defense in support of such estimates and proposed appropriations shall be mutually consistent unless, in the case of each inconsistency, there is included detailed reasons for the inconsistency. "(g) The Secretary of Defense shall submit to Congress not later than April 1 of each year, the five-year defense program (including Eissociated annexes) used by the Secretary in formulating the estimated expenditures and proposed appropriations included in such budget to support programs, projects, and activities of the Department of Defense.". ^i

PART B—FORCE STRUCTURE AND POLICY

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SEC. 1211. IMPLEMENTATION OF SPECIAL OPERATIONS FORCES REORGANIZATION

(a) ASSISTANT SECRETARY OF DEFENSE.—(1) Section 136(b)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: "The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense.". 10 USC 136 note. (2) The Secretary of Defense shall publish a directive setting forth the charter of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict not later than 30 days after the date of the enactment of this Act. The directive shall set forth— (A) the duties and responsibilities of the Assistant Secretary; ^ (B) the relationships between the Assistant Secretary and other Department of Defense officials; (C) any delegation of authority from the Secretary of Defense ^ (D) such other matters as the Secretary considers appropriate. (3) On the date that such directive is published, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (A) a copy of the directive; and Reports. ,,,. (B) a report explaining how the charter of the Assistant Secretary fulfills the provisions of section 136(b)(4) of title 10, United States Code (as amended by paragraph (1)), that provide ,. that the Assistant Secretary— ,, .j;r^ x;fj.,,.^j;, nc ^ci
 * 1
 * to the Assistant Secretary; and

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(i) exercises overall supervision of special operations activities and low intensity conflict activities of the Department of Defense; (ii) is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters; and (iii) is the principal special operations and low intensity conflict official (after the Secretary and Deputy Secretary) within the senior management of the Department of Defense. (4)(A) Until the office of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict is filled for the first time by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of the Army shall carry out the duties and responsibilities of that office. (B) Throughout the period of time during which the Secretary of Reports, the Army is carrying out the duties and responsibilities of that office, he shall submit to the Committees on Armed Services of the Senate and House of Representatives a monthly report on the administrative actions that he has taken and the policy guidance that he has issued to carry out such duties and responsibilities. Each such report shall also describe the actions that he intends to take ^ ' '^^ ^ and the guidance that he intends to issue to fulfill the provisions of section 136(b)(4) of title 10, United States Code (as amended by paragraph (1)), along with a timetable for completion of such actions and issuance of such guidance. The first such report shall be submitted not later than 30 days after the date of the enactment of this Act. (5) Until the first individual appointed to the position of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict by the President, by and with the advice and consent of the Senate, leaves that office, that Assistant Secretary (and the Secretary of the Army when carrying out the duties and responsibilities « « jrf + of the Assistant Secretary) shall, with respect to the duties and ~" v * responsibilities of that office, report directly, without intervening review or approval, to the Secretary of Defense personally or, as &joq<j? designated by the Secretary, to the Deputy Secretary of Defense personally. (b) RESOURCES FOR C I N C S O F. — The Secretary of Defense shall lo use 167 note. provide sufficient resources for the commander of the unified combatant command for special operations forces established pursuant to section 167 of title 10, United States Code, to carry out his duties and responsibilities, including particularly his duties and responsibilities relating to the following functions: (1) Developing and acquiring special operations-peculiar equipment and acquiring special operations-peculiar material, supplies, and services. (2) Providing advice and assistance to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in the Assistant Secretary's overall supervision of the preparation and justification of the program recommendations and budget proposals for special operations forces. (3) Managing assigned resources from the major force program category for special operations forces of the Five-Year Defense Plan of the Department of Defense (as required to be created pursuant to subsection (e)).

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PUBLIC LAW 100-180—DEC. 4, 1987 (c) PERSONNEL ASSIGNED TO COMBATANT COMMAND STAFF.—(1) On

10 USC 167 note.

Reports. Reports.

September 30, 1988, the total number of members of the Armed Forces and civilian employees of the Department of Defense assigned or detailed to permanent duty on the staff of the unified combatant command for special operations forces may not be less than 450. (2) Of the personnel assigned or detailed pursuant to paragraph (1), the number of civilian employees shall be 111 unless otherwise directed by the commander of the command or the Secretary of Defense. (d) ACQUISITION AUTHORITY.—Subsection (e) of section 167 of title 10, United States Code, is amended by adding at the end the following new paragraph: "(3) Subject to the authority, direction, and control of the Secretary of Defense, the commander of the command, in carrying out his functions under paragraph (IXG), shall have authority to exercise the functions of the head of an agency under chapter 137 of this title. The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the special operations command and such other inspector general functions as may be assigned.". (e) RESOURCES AND PROGRAMMING.—(1) The major force program category for special operations forces of the Five-Year Defense Plan of the Department of Defense, to be created pursuant to section 1311(c) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661), shall be created not later than 30 days after the date of the enactment of this Act. (2) On the date that such major force program category is created, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (A) a certification that all program recommendations and budget proposals for special operations forces are included in such category; and (B) a report explaining the program recommendations and budget proposals that have been included in such category. SEC. 1212. CONVENTIONAL DEFENSE ADVISORY BOARD (a) CONVENTIONAL DEFENSE ADVISORY BOARD.—(1) The Secretary

of Defense shall appoint within the Department of Defense a Conventional Defense Advisory Board for the purpose of reviewing the report of the Conventional Defense Study Group submitted to the Secretary under subsection (b). The advisory board shall submit to the Secretary of Defense a report on such review, including any recommendations for the implementation of the report of the study group, not later than 75 days after the date on which that report is received by the Secretary. (2) Not later than 90 days after the date on which the report of the study group is received by the Secretary, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a copy of the report of the advisory board under paragraph (1), together with any comments the Secretary has on such report. The report of the advisory board shall be submitted to the committees in exactly the same form and with the same content as submitted to the Secretary under paragraph (1). (b) CONVENTIONAL DEFENSE STUDY GROUP.—The Comptroller General of the United States shall convene and chair a Conventional Defense Study Group composed of representatives of the Library of

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Congress, the Office of Technology Assessment, and the Congressional Budget Office. The study group shall assess the balance of conventional forces in Europe between forces of the North Atlantic Treaty Organization and forces of the Warsaw Pact and shall submit a report on such assessment to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives. The report shall be submitted not later than April 15, 1988, and shall provide— (1) the study group's assessment of that balance of forces; and (2) recommendations for improving that balance so as to provide for a more adequate conventional defense for NATO. SEC. 1213. REPORT ON COMPETITIVE STRATEGIES

(a) IN GENERAL.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on Competitive Strategies. Such report shall be provided in classified and unclassified versions and shall include the following: (1) A discussion of the Competitive Strategy concept. (2) An assessment of Soviet and Warsaw Pact weaknesses, including military, political, and systemic weaknesses that could be candidates for exploitation through competitive strategies. (3) A discussion of the initial areas selected for examination in the Competitive Strategy initiative, including a discussion of the rationale for the areas selected. (4) A discussion of the initial findings resulting from the Competitive Strategy process. (b) DEADLINE FOR REPORT.—The report described in subsection (a) shall be submitted not later than January 15, 1988. SEC. 1214. PUBLICATION OF ASSESSMENT

ANNUAL UNITED

Union of Soviet Socialist Republics.

STATES-SOVIET NET

Section 113 of title 10, United States Code, is amended by adding at the end the following new subsection: "(j) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries. Each such report shall be transmitted in both a classified and an unclassified form.". PART C—MISCELLANEOUS REPORTS

SEC. 1221. STUDY OF SPACE OPERATIONS CENTER, COLORADO (a) IN GENERAL.—The Secretary of Defense shall carry out a study of the requirements necessary to establish and conduct a centralized manned and unmanned military space operation which would be part of the Consolidated Space Operations Center near Colorado Springs, Colorado. (b) REPORT.—Within 60 days after the date of the enactment of this Act, the Secretary shall transmit to the Committee on Armed Services of the Senate and House of Representatives a report containing the findings and conclusions of the study carried out under subsection (a).

Reports.

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 101 STAT. 1158 Energy.

3 V

International agreements.

PUBLIC LAW 100-180—DEC. 4, 1987

SEC. 1222. REPORT ON CONTINGENCY PLANS TO DEAL WITH DISRUPTIONS IN PERSIAN GULF CRUDE OIL SUPPLY

(a) REPORT REQUIREMENT.—(1) Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall submit to Congress a joint report on contingency plans of the Department of Defense and the Department of Energy for dealing with significant disruptions in the supply to the United States of crude oil produced by the nations of the Persian Gulf region. The report shall be prepared with the Eissistance of the Secretary of State. (2) If the Secretary of Defense and the Secretary of Energy find it necessary to classify the report (or any portion of the report), a nonclassified version containing all energy policy recommendations made by the two Secretaries shall be transmitted with the report. (b) MATTERS TO B E STUDIED.—In preparing the report required by this section, and any periodic update to that report, the Secretaries shall— (1) ascertain the extent to which the Armed Forces of the United States, the civilian economy of the United States, and the nations of the free world (with specific reference to the NATO allies and to other strategic allies of the United States) currently depend on crude oil produced in the Persian Gulf region; (2) prepare a range of estimates on the types of disruptions that could occur in the supply of crude oil from the Persian Gulf region and the effect of each such disruption (including dur? .J,.; tion) on reduced availability of crude oil supply from the oi producing nations of the Persian Gulf; .p5 (3) develop a range of plans for dealing with supply disruptions and shortages of crude oil from the Persian Gulf region, including— 1. '. > (A) the role and use of existing domestic crude oil production, other non-Persian Gulf sources of the world supply of ,.,. jsa p crude oil, and the Strategic Petroleum Reserve; and • ^ ' ^ (g) |.jjg ygg Qf ^jjy emergency power or authority provided for by existing law; and (4) identify and review any bilateral or multilateral agreement (including the International Energy Agreement) which commits or obligates the United States to furnish crude oil or petroleum products to other nations. (c) RECOMMENDATIONS.—The report under subsection (a) shall set forth the policy and legislative recommendations of the Secretaries for improving the ability of the United States to respond effectively to problems created by significant disruptions in the production, transportation, and supply of crude oil in the Persian Gulf region. (d) COST ESTIMATES.—The report under subsection (a) shall include estimates of the total annual and per barrel cost of Persian Gulf crude oil to the world economy and to the United States economy.

U.S.S. George Washington.

SEC. 1223. STUDY OF EARLY DECOMMISSIONING OF TWO AIRCRAFT CARRIERS

U.S.S. Abraham Lincoln.

(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall conduct a comprehensive study comparing— (1) the current plan of the Department of Defense under which one existing aircraft carrier would be decommissioned when the U.S.S. George Washington (CVN73) is commissioned in fiscal year 1992 and a second existing aircraft carrier would

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be decommissioned when the next aircraft carrier (CVN74) is commissioned in fiscal year 1997, with (2) an alternative plan under which one existing aircraft carrier would be decommissioned and one existing Navy air wing would be deactivated when the aircrsift carrier U.S.S. Abraham Lincoln (CVN72) is commissioned in fiscal year 1990 and a second existing aircraft carrier would be decommissioned when the aircraft carrier U.S.S. George Washington (CVN73) is commissioned in fiscal year 1992. (b) MATTERS TO B E INCLUDED.—In conducting the study under subsection (a), the Secretary of Defense shall determine the implications of adopting the alternative plan described in subsection (a)(2) for aircraft carrier retirements, as compared to the implications of the current plan described in subsection (a)(D, with respect to each of the following: (1) Total direct and indirect costs in outlays and in budget authority (stated in constant fiscal year 1988 dollars) through fiscal year 1997. (2) Requirements of the Navy for naval aircraft through fiscal year 1997 (assuming that the aircraft from the deactivated naval air wing are reassigned in the active force). (3) Requirements of the Navy for active-duty and Reserve personnel (stated in terms of fiscal year end strengths) through fiscal year 1997. (4) Requirements for naval surface ship combatants and support ships through fiscal year 1997. (5) The cost and feasibility of making available to the active fleet for operation during a time of national emergency— (A) an aircraft carrier that is in the Service Life Extension Program (SLEP); and (B) an aircraft carrier that has been decommissioned but is still under the jurisdiction of the Navy. (c) PEACETIME DEPLOYMENT COMMITMENTS.—(1) The Secretary of

Defense shall direct the Chairman of the Joint Chiefs of Stan to assess the implications that accelerated aircraft carrier retirements in accordance with the alternative plan described in subsection (a)(2) would have on the ability of the United States to meet both peacetime aircraft carrier deployment commitments cmd the wartime requirements for aircraft carriers set forth by the commanders of the unified combatant commands and to report to the Secretary the results of that assessment. (2) Insofar as the report required by paragraph (1) notes a defi- Reports. ciency between peacetime aircraft carrier deployment requirements and the number of deployable aircraft carriers, the report shall also include an assessment regarding— (A) how aircraft carrier deployment strategies could be adjusted or changed to cover commitments while maintaining an equitable distant deployment rotation for personnel ana equipment considerations; (B) what alternative combinations of ships and aircraft might be deployed to substitute for an aircraft carrier, either permanently or temporarily, in all situations in which aircraft carriers are currently deployed; and (C) what specisd considerations will accompany the eventual U.S.S. Midway. removal of the U.S.S. Midway from her homeport in Japan. Japan. (d) REPORT.—The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report

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containing the results of the study conducted by the Secretary under subsection (a) and a copy of the report submitted to the Secretary under subsection (c). The Secretary's report shall include such comments and recommendations as the Secretary considers appropriate and shall be submitted not later than 30 days after the date of the enactment of this Act. PART D—TECHNICAL AND CLERICAL AMENDMENTS SEC. 1231. AMENDMENTS TO TITLE 10, UNITED STATES CODE

Title 10, United States Code, is amended as follows: (1) Section 101(14) is amended by inserting "a" after "means". (2) Section 179 is amended by realigning subsection (e) so as to appear flush to the left margin. (3) The table of sections at the beginning of chapter 21 is amended by striking out the item relating to section 423 and inserting in lieu thereof the following: "423. Authority to use proceeds from counterintelligence operations of the military departments.".

(4) The table of sections at the beginning of chapter 39 is amended by transferring the item relating to section 686 from the end of such table to appear immediately below the item relating to section 685. (5) Section 1102(c)(2) is amended by striking out ", United States Code" in the second sentence. (6) Section 2321 is amended— (A) in subsection (d)(4)(A), by striking out "paragraph" -* and inserting in lieu thereof "subsection; and (B) in subsection (i), by inserting "or subcontractor" after ^»'-' "contractor". (7) Section 2322(b) is amended by inserting a period at the end. (8) Section 2327(d) is amended by inserting "(1)" after "APPLICABILITY.—".

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(9) The heading of section 2342 is amended by inserting a hyphen between the first and second words. (lOXA) Section 2364 is amended by striking out "milestone O, I, and II decisions" in subsection 0JX5) and inserting in lieu thereof "milestone O, milestone I, and milestone II decisions". (B) The heading of such section is amended by revising the fifth word so that the first letter is lower case. (C) The item relating to that section in the table of sections at the beginning of chapter 139 is amended to conform to the amendment made by subparagraph (B). (11) Section 2366(e)(l)(B) is amended by striking out "section 2303(5)" and inserting in lieu thereof "section 2302(5)". (12) The item relating to section 2367 in the table of sections at the beginning of chapter 139 is amended so that the initial letter of the third word is lower case. (13) Section 2406(fK2XA) is amended by inserting "section" after "is defined in". (14) Section 2436(c)(5) is amended by inserting "law," after "auditing,". (15) Section 2801(c)(3) is amended by striking out "defense agencies" and inserting in lieu thereof "Defense Agencies".

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(16) Section 3723 is amended by striking out the comma after (17) Sections 801, 1447, 2005(e), 2101, 2147(d), 2393(c), 2687(e), and 9511 are amended— (A) by inserting "The term" in each paragraph (other than paragraph (2) of section 801) after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than paragraph (2) of section 801, paragraph (1) of section 1447, and paragraphs (7) and (11) of section 9511) so that the initial letter of such word is lower case. (18)(A) Sections 1089(g), 2002(b), 2141(c), 2143(c), and 2145(b) are amended by inserting "the term" after "In this section,". (B) Section 2356(b) is amended by inserting ", the term" after "In this section". (19XA) Sections 3251 and 8251 are amended by inserting ", the term" after "In this chapter". (B) Sections 4801, 8368(a), and 9801 are amended by inserting "the term" after "In this chapter,". (20) Section 101(20) is amended by striking out " 'Rate" at the beginning of the second sentence and inserting in lieu thereof "The term 'rate". (21) Section 1401a(a) is amended by striking out "pay" after "retired pay". SEC. 1232. AMENDMENTS TO TITLE 37, UNITED STATES CODE
 * 'disease''

Section 303(2) of title 37, United States (3ode, is amended— (1) by striking out the comma at the end of subparagraph (A) and inserting in lieu thereof a semicolon; and (2) by striking out ", or" at the end of subparagraph (B) and inserting in lieu thereof "; or".

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SEC. 1233. MISCELLANEOUS AMENDMENTS

(a) AMENDMENTS TO PUBLIC LAW 100-26.—Public Law 100-26 is amended— (1) in section 7(b)(3)(A), by inserting "in subsection (a), before "by"; (2) in section 7(k)(l)(C), by inserting "(2)" after "paragraphs (1),"; and (3) in section 8(d)(7), by striking out "Section 406" and inserting in lieu thereof "Section 406b". (b) CORRECTION OF AMBIGUOUS REFERENCE.—Section 956(b)(l) of the Defense Acquisition Improvement Act of 1986 (as contained in title IX of Public Law 99-661 and in title X of section 101(c) of Public Laws 99-500 and 99-591) is amended by inserting "the first place it appears" before the semicolon. (c) EFFECTIVE DATES.—The amendments made by subsection (a) shall apply as if included in the enactment of the Defense Technical Corrections Act of 1987 (Public Law 100-26). (2) The amendment made by subsection (b) shall apply as if included in the enactment of Public Laws 99-500, 99-591, and 99-661.

Ante, p. 278. 10 USC 2432. lo use loi. 37 USC 406. lo use 2413. loo Stat. 3954, 1783-174, lo^usc loi note lo use 2413 ° note. 100 Stat. 1783, 3341,3816.

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National Guard. Arizona. Utah. Missouri. Wisconsin.

PUBLIC LAW 100-180—DEC. 4, 1987 PART E—MISCELLANEOUS MATTERS

SEC. 1241. GAO STUDY OF THE CAPABILITIES OF THE UNITED STATES TO CONTROL DRUG SMUGGLING INTO THE UNITED STATES

(a) STUDY REQUIREMENT.—The Comptroller General of the United States shall conduct a comprehensive study regarding smuggling of illegal drugs into the United States and the current capabilities of the United States to deter such smuggling. In carrying out such study, the Comptroller General shall— (1) assess the national security implications of the smuggling of illegal drugs into the United States; (2) assess the magnitude, nature, and operational impact that current resource limitations have on the drug smuggling interdiction efforts of Federal law enforcement agencies and the capability of the Department of Defense to respond to requests for assistance from those law enforcement agencies; (3) assess the effect on military readiness, the costs that would be incurred, the operational effects on military and civilian agencies, the potential for improving drug interdiction operations, and the methods for implementing increased drug law enforcement assistance by the Department of Defense under section 825 of H.R. 1748 as passed the House of Representatives on May 20, 1987, as if such section were enacted into law and were to become effective on January 1, 1988; (4) assess results of a cooperative drug enforcement operation between the United States Customs Service and National Guard units from the States of Arizona, Utah, Missouri, and Wisconsin conducted along the United States-Mexico border beginning on August 29, 1987, and include in the assessment information relating to the cost of conducting the operation, the personnel and equipment used in such operation, the command and control relationships in such operation, and the legal issues involved in such operation; (5) determine whether giving the Armed Forces a more direct, active role in drug interdiction activities would enhance the morale and readiness of the Armed Forces; (6) determine what assets are currently available to and under consideration for the Department of Defense, the Department of Transportation, the Department of Justice, and the Department of the Treasury for the detection of airborne drug smugglers; (7) assess the current plan of the Customs Service for the coordinated use of such assets; (8) determine the cost effectiveness and the capability of the Customs Service to use effectively the information generated by the systems employed by or planned for the Department of Defense, the Coast Guard, and the Customs Service, respectively, to detect airborne drug smugglers; (9) determine the availability of current and anticipated tracking, pursuit, and apprehension resources to use the capabilities of such systems; and (10) at a minimum, assess the detection capabilities of the Over-the-Horizon Backscatter radar (OTH-B), ROTHR, aerostats, airships, and the E-3A, E-2C, P-3, and P-3 Airborne Early Warning aircraft (including any variant of the P-3 Airborne Early Warning aircraft).

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(b) REPORTS.—(1) Not later than April 30, 1988, the Comptroller General shall, as provided in paragraph (3), submit a report on the results of the study required by subsection (a) with respect to the elements of the study specified in paragraphs (1) through (5) of that subsection. (2) As soon as practicable after the report under paragraph (1) is submitted, and not later than March 31, 1989, the Comptroller General shall, as provided in paragraph (3), submit a report on the results of the study required by subsection (a) with respect to the elements of the study specified in paragraphs (6) through (10) of that subsection. (3) The reports under paragraphs (1) and (2) shall be submitted to— (A) the Committees on Armed Services, the Judiciary, Foreign Relations, and Appropriations of the Senate; (B) the Committees on Armed Services, the Judiciary, Foreign Affairs, and Appropriations of the House of Representatives; (C) the members of the Senate Caucus on International Narcotics Control; and (D) the Select Committee on Narcotics Abuse and Control of the House of Representatives. (4) The reports under this subsection shall be submitted in both classified and unclassified forms and shall include such comments and recommendations as the Comptroller General considers appropriate.

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SEC. 1242. TRANSFER OF FUNDS TO THE COAST GUARD

Of the amounts appropriated to the Department of Defense for fiscal years 1988 and 1989, the Secretary of Defense shall transfer to the Secretary of Transportation funds to assist in providing for the Law Enforcement Detachment program of the Coast Guard as follows: (1) $3,000,000 from amounts appropriated for fiscal year 1988. (2) $6,000,000 from amounts appropriated for fiscal year 1989. SEC. 1243. ANNUAL PLAN ON DEPARTMENT OF DEFENSE ASSISTANCE FOR CIVILIAN DRUG LAW ENFORCEMENT

(a) IN GENERAL.—Chapter 18 of title 10, United States Code, is amended by adding at the end the following new section: "§ 380. Department of Defense drug law enforcement assistance: lo use 380. annual plan "(a)(1) At the same time as the President submits the budget to Reports. Congress each year under section 1105(a) of title 31, the Secretary of Defense shall submit to Congress a report containing the following: "(A) A detailed list of all forms of assistance under this chapter that is proposed to be made available by the Department of Defense to civilian drug law enforcement and drug interdiction agencies (including the United States Customs Service, the Coast Guard, the Drug Enforcement Administra" • tion, and the Immigration and Naturalization Service) during the fiscal year for which the budget is submitted. "(B) A detailed plan for lending equipment and rendering other drug interdiction-related assistance included on such list during such fiscal year. "(2) The list required by paragraph (I)(A) shall include a description of the following:

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"(A) Surveillance equipment suitable for detecting drug smuggling activities b^ air, by land, and by sea. Communications "(B) Communications equipment, including secure command telenications. communications. "(C) Support available from the reserve components for drug interdiction operations of civilian drug law enforcement agencies. "(D) Intelligence on the production, processing, and shipment of drugs in countries that are the source of illegal drugs in the United States and the transshipment of drugs between those countries and the United States. "(E) Support from the Southern Command and other unified and specified commands that is available to assist in drug interdiction. Aircraft and "(F) Aircraft suitable for use in air-to-air detection, interair carriers. ception, tracking, and seizure by civilian drug interdiction agencies. Maritime "(G) Vessels suitable for use in maritime detection, interaffairs. ception, tracking, and seizure by civilian drug interdiction agencies. Motor vehicles. "(H) Such land vehicles as may be appropriate for support activities relating to drug interdiction operations by civilian drug law enforcement agencies. "(b) The Secretary of Defense, not earlier than 30 days and not later than 45 days after the date on which Congress receives a report submitted under subsection (a), shall convene a conference of the heads of all Federal law enforcement agencies having jurisdiction over drug law enforcement (including the Customs Service, the Coast Guard, and the Drug Enforcement Administration) and of the Secretary of State to determine the appropriate distribution of the assets, items of support, and other assistance to be made available by the Department of Defense under this chapter to those agencies during the fiscal year for which the report is submitted. Not later than 60 days after the date on which such conference convenes, the Secretary of Defense and the heads of such agencies shall enter into appropriate memoranda of agreement specifying the distribution of such assistance. "(c) The Comptroller General of the United States shall monitor the compliance of the Department of Defense with subsections (a) Reports. and (b). Not later than 90 days after the date on which a conference is convened under subsection (b), the Comptroller General shall transmit to Congress a written report conteining the Comptroller General's findings regarding the compliance of the Department of Defense with such subsections. The report shall include a review of the memoranda of agreement entered into under subsection (b).". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following: "380. Department of Defense drug law enforcement assistance: annual plan.". Florida.

SEC. 1244. PROVISION OF COMMAND AND CONTROL DATA FROM TYNDALL AIR FORCE BASE FOR DRUG INTERDICTION ASSISTANCE

Whenever the Secretary of the Air Force provides assistence to a civilian law enforcement agency for drug interdiction purposes as authorized by chapter 18 of title 10, United States Code, through the provision of command and control data (including voice and digital information) from the Sector Operations Control Center at T3ntidall

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Air Force Base, Florida, to the civilian agency, reimbursement that is otherwise required under that chapter shall not be required to the extent that such data are provided to a facility of the civilian law enforcement agency that is located adjacent to such Sector Operations Control Center. SEC. 1245. ASSISTANT TO THE SECRETARY OF DEFENSE FOR ATOMIC ENERGY (a) STATUTORY ESTABLISHMENT OF POSITION OF ASSISTANT TO THE SECRETARY OF DEFENSE FOR ATOMIC ENERGY.—(1) Chapter 4 of title

10, United States Code, is amended by adding at the end the following new section: "§ 141. Assistant to the Secretary of Defense for Atomic Energy "(a) There is an Assistant to the Secretary of Defense for Atomic Energy, appointed by the President, by and with the advice and consent of the Senate. "(b) The Assistant to the Secretary shall advise the Secretary of Defense and the Nuclear Weapons Council on nuclear energy and nuclear weapons matters.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "141. Assistant to the Secretary of Defense for Atomic Energy ". (b) EXCEPTION TO SENATE CONFIRMATION.—The person serving as

lo use I4i.

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lo use I4i note.

Chairman of the Military Liaison Committee, Department of Defense, under section 27 of the Atomic Energy Act of 1946 (42 U.S.C. 2037) on October 16, 1986, may be appointed as the Assistant to the Secretary of Defense for Atomic Energy under section 141 of title 10, United States Code (as added by subsection (a)), without the advice and consent of the Senate. (c) AMENDMENT TO TITLE 5, UNITED STATES CODE.—Section 5316 of

title 5, United States Code, is amended by striking out "Chairman of the Military Liaison Committee to the Atomic Energy Commission, Department of Defense" and inserting in lieu thereof "Assistant to the Secretary of Defense for Atomic Energy, Department of Defense". SEC. 1246. OIL SHIPMENTS FOR USE BY MILITARY FACILITIES OVERSEAS

Section 7 of the Export Administration Act of 1979 (50 U.S.C. App. 2406) is amended by adding at the end the following: "(k) OIL EXPORTS FOR USE BY UNITED STATES MILITARY FACILI-

TiES.—For purposes of subsection (d) of this section, and for purposes of any export controls imposed under this Act, shipments of crude oil, refined petroleum products, or partially refined petroleum products from the United States for use by the Department of Defense or United States-supported installations or facilities shall not be considered to be exports.". SEC. 1247. PAYMENT OF CLAIM

(a) PAYMENT OF CLAIM.—The Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, the sum of $809,609, to the Merchants National Bank of Mobile, Alabama, for compensation for losses sustained during the period beginning on January 1, 1976, and ending on December 31, 1978, concerning the issuance and cancellation of a Government loan guarantee and the subsequent issuance of a second loan guarantee on reduced terms, resulting from actions of the Defense Logistics

Alabama.

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Agency of the Department of Defense and its fiscal agent, the Federal Reserve Bank of Atlanta. (b) FULL SETTLEMENT OP CLAIM.—The payment made pursuant to subsection (a) shall constitute full settlement of the legal and equitable claims by the Merchants National Bank of Mobile, Alabama, against the United States, covered by that subsection. (c) LIMITATION ON ATTORNEYS' FEES.—NO part of the amount appropriated in this section in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with such claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Violation of the provisions of this subsection is a misdemeanor punishable by a fine not to exceed $1,000. Drugs and drug abuse. Law enforcement and crime. 10 USC 912.

SEC. 1248. PROCEDURES FOR FORENSIC EXAMINATION OF CERTAIN PHYSIOLOGICAL EVIDENCE (a) ESTABLISHMENT OF PROCEDURES.—The Secretary of Defense

shall establish procedures to ensure that whenever, in connection with a criminal investigation conducted by or for a military department, a physiological specimen is obtained from a person for the purpose of determining whether that person has used a controlled substance— (1) the specimen is in a condition that is suitable for forensic examination when delivered to a forensic laboratory; and (2) the investigative agency that submits the specimen to the laboratory receives a written statement of the results of the forensic examination from the laboratory within such period as is necessary to use such results in a court-martial or other criminal proceeding resulting from the investigation. OD) TRANSPORTATION OF SPECIMENS.—The procedures prescribed under subsection (a)— (1) shall ensure that physiological specimens are preserved and transported in accordance with valid medical and forensic practices; and (2) insofar as practicable, shall require transportation of the specimen to an appropriate laboratory by the most expeditious means necessary to carry out the requirement in subsection (a)(1). (c) TESTS FOR USE OF LSD.—Procedures established under subsection (a) shall ensure that whenever the controlled substance with respect to which a physiological specimen is to be examined is lysergic acid diethylamide (LSD), the specimen is submitted to a forensic laboratory that is capable of determining with a reasonable degree of scientific certainty, on the basis of the examination of that specimen, whether the person providing the specimen has used lysergic acid diethylamide (LSD). (d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as providing a basis, that is not otherwise available in law, for a defense to a charge or a motion for exclusion of evidence or other appropriate relief in any criminal or administrative proceeding. (e) CONTROLLED SUBSTANCES COVERED.—For purposes of this section, a controlled substance is a substance described in section 912a(b) of title 10, United States Code. (0 REPORT.—Not later than March 1, 1988, the Secretary of Defense shall submit to the Committees on Armed Services of the

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Senate and the House of Representatives, a report describing the procedures established under this section. SEC. 1249. ADJUDICATION OF INELIGIBILITY FOR A JOB WITH THE FEDERAL GOVERNMENT ON THE BASIS OF FAILURE TO REGISTER UNDER THE MILITARY SELECTIVE SERVICE ACT

Section 33280)) of title 5, United States Code, is amended— (1) by striking out "within the Office" in the second sentence; and (2) by inserting after the third sentence the following: "Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.". SEC. 1250. TRANSPORTATION ON DEPARTMENT OF DEFENSE AEROMEDICAL EVACUATION AIRCRAFT OF CERTAIN VETERANS' ADMINISTRATION BENEFICIARIES

(a) IN GENERAL.—(1) Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section: "§ 2641. Transportation of certain veterans on Department of De- 10 USC 2641. fense aeromedical evacuation aircraft "(a) The Secretary of Defense may provide transportation on an aircraft operating under the aeromedical evacuation system of the Department of Defense for the purpose of transporting a veteran to or from a Veterans' Administration medical facility. "(b) Transportation under this section shall be provided in accordance with an Eigreement entered into between the Secretary of Defense and the Administrator of Veterans' Affairs. Such an agreement shall provide that transportation may be furnished to a veteran on an aircraft referred to in subsection (a) only if— "(1) the Administrator of Veterans' Affairs notifies the Secretary of Defense that the veteran needs or has been furnished medical care or services in a Veterans' Administration facility and the Administrator requests such transportation in connection with the travel of such veteran to or from the Veterans' Administration facility where the care or services are to be furnished or were furnished to such veteran; "(2) there is space available for the veteran on the aircraft; and "(3) there is an adequate number of medical and other service attendants to care for all persons being transported on the aircraft. "(c) A veteran is not eligible for transportation under this section unless the veteran is a primary beneficiary within the meaning of clause (A) of section 5011(g)(5) of title 38. "(d)(1) A charge may not be imposed on a veteran for transportation provided to the veteran under this section. "(2) An agreement under subsection (b) shall provide that the Veterans' Administration shall reimburse the Department of Defense for gmy costs incurred in providing transportation to veterans under this section that would not otherwise have been incurred by the Department of Defense. "(e) In this section, the term 'veteran' has the meaning given that term m section 101(2) of title 38.".

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(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 10 USC 2641

note.

"2641. Transportation of certain veterans on Department of Defense aeromedical evacuation aircraft.". 0?) IMPLEMENTATION DEADLINE.—The Secretary of Defense and the

Administrator of Veterans' Affairs shall enter into an agreement required by section 2641 of title 10, United States Code (as added by subsection (a)), not later than 60 days after the date of the enactment of this Act. TITLE XIII—AMENDMENTS RELATED TO GOLD WATERNICHOLS REORGANIZATION ACT PART A—JOINT OFFICER PERSONNEL POLICY SEC. 1301. NOMINATION AND SELECTION OF OFFICERS FOR THE JOINT SPECIALTY

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(a) SELECTION AUTHORITY.—(1) Subsection (b) of section 661 of title 10, United States Code, is amended by adding at the end the following new paragraph: "(3) The authority of the Secretary of Defense under paragraph (2) to select officers for the joint specialty may be delegated only to the Deputy Secretary of Defense.". (b) EDUCATION AND EXPERIENCE REQUIREMENTS.—Subsection (c) of

such section is amended— (1) in paragraph (I)(B), by inserting "(as described in section 664 (f)(1) or (fK3) of this title)" after "joint duty assignment"; (2) in paragraph (2)— (A) by striking out "An officer who has" and inserting in lieu thereof "(A) An officer (other than a general or flag officer) who has a military occupational specialty that is"; (B) by striking out "joint duty assignment of not less than two years" and inserting in lieu thereof "full tour of duty in a joint duty assignment (as described in section 664(f)(2) of this title)"; (C) by striking out the second sentence; and (D) by adding at the end the following: "(B) The Secretary may not for the purposes of this paragraph designate a military occupational specialty as a critical occupational specialty involving combat operations unless that occupational specialty is within the combat arms, in the case of the Army, or the equivalent, in the case of the Navy, Air Force, and Marine Corps. In determining for the purposes of this paragraph what military occupational specialties within the combat arms (or the equivalent) are critical, the Secretary shall designate as critical any military occupational specialty experiencing severe shortages of trained officers.; and (3) by adding at the end the following new paragraph: "(3)(A) In the case of an officer who has completed both a program of education referred to in paragraph (I)(A) and a full tour of duty in a joint duty assignment (as described in section 664(f)(1) or (f)(3) of this title) and is subsequently nominated for the joint specialty, the Secretary of Defense may waive the requirement in paragraph (I)(B) that the tour of duty in a joint duty assignment be performed after the officer completes the program of education if the Secretary

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determines that the waiver is necessary in the interests of sound personnel management. "(B) In the case of an officer who has completed two full tours of duty in a joint duty assignment (as described in section 664(f) of this title) and is subsequently nominated for the joint specialty, the Secretary may waive the requirement that the officer have successfully completed a program of education referred to in paragraph (I)(A) if the Secretary determines that— "(i) it would be impractical to require the officer to complete such a program at the current stage of the officer's career; and "(ii) the t3T)es of joint duty assignments completed by the officer have been of sufficient breadth to prepare the officer adequately for the joint specialty. "(C) A waiver under subparagraph (A) or (B) may be made only under unusual circumstances justifying deviation from the conditions established in paragraph (1) for selection of an officer for the joint specialty. "(D) The authority of the Secretary of Defense to grant a waiver under this paragraph may be delegated only to the Deputy Secretary of Defense. Such a waiver may be granted only on a case-bycase basis in the case of an individual officer and in the case of a general or flag officer only under exceptional circumstances in which the waiver is necessary to meet a critical need of the armed forces, as determined by the Chairman of the Joint Chiefs of Staff. The total number of waivers granted under this paragraph during any fiscal year may not exceed 5 percent of the total number of officers selected for the joint specialty during that fiscal year.". SEC. 1302. JOINT DUTY ASSIGNMENT POSITIONS

(a) MINIMUM ASSIGNMENT REQUIREMENTS.—Paragraph (1) of section 661(d) of title 10, United States Code, is amended— (1) by striking out "by officers who have" and all that follows and inserting in lieu thereof "by officers who— "(A) have the joint specialty; or "(B) have been nominated for the joint specialty and— "(i) have successfully completed a program of education referred to in subsection (c)(l)(A); or "(ii) have a military occupational specialty that is designated under subsection (c)(2)(A) as a critical occupational specialty involving combat operations.". (b)

DESIGNATION OF CRITICAL JOINT DUTY ASSIGNMENT

POSI-

TIONS.—Section 661(d) of such title is further amended by striking out paragraph (2) and inserting in lieu thereof the following: "(2) The Secretary shall designate not fewer than 1,000 joint duty assignment positions as critical joint duty assignment positions. Such designation shall be made by examining each joint duty assignment position and designating under the preceding sentence those positions for which, considering the duties and responsibilities of the position, it is highly important that the occupant be particularly trained in, and oriented toward, joint matters. Each position so designated may be held only by an officer who has the joint specialty. "(3)(A) The Secretary shall ensure that, of those joint duty assignment positions that are filled by general or flag officers, a substantial portion are among those positions that are designated under paragraph (2) as critical joint duty assignment positions.

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"(B) The Secretary shall ensure that, of those positions designated under paragraph (2) as critical joint duty assignment positions, an appropriate portion are filled by officers with the joint specialty who were selected for the joint specialty under subsection (c)(2). "(4) Of the officers serving in joint duty assignment positions covered by paragraph (1) who are described in subparagraph (A) or (B) of that paragraph, not more than one-third at any time may be officers described in subparagraph (B)(ii) of that paragraph.". (c) REVISION OF J D A LIST.—(1) Section 668(b)(2) of such title is amended by inserting "and, of those positions, those that are positions held by general or flag officers and the number of such positions" immediately before the semicolon in subparagraph (A) and immediately before the period in subparagraph (B). 10 USC 668 note. (2) The Secretary of Defense shall publish a revised list under section 668(b)(2) of title 10, United States Code, taking into account the amendments made by this section, not later than six months after the date of the enactment of this Act. SEC. 1303. LENGTH OF JOINT DUTY ASSIGNMENTS

(a) REVISION AND CLARIFICATION.—Section 664 of title 10, United States Code, is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: "(b) WAIVER AUTHORITY.—The Secretary of Defense may waive subsection (a) in the case of any officer. "(c) INITIAL ASSIGNMENT OF OFFICERS WITH CRITICAL OCCUPATIONAL SPECIALTIES.—The Secretary may for purposes of section

661(c)(2) of this title authorize a joint duty assignment of less than the period prescribed by subsection (a), but not less than two years, without the requirement for a waiver under subsection (b) in the case of an officer— "(1) who has been nominated for the joint specialty before ' such assignment begins; "(2) who has a military occupational specialty designated under section 661(c)(2) of this title as a critical occupational specialty; and '• "(3) for whom such joint duty assignment is the initial joint duty assignment. "(d) EXCLUSIONS FROM TOUR LENGTH.—The Secretary of Defense

Alaska. Hawaii.

may exclude the following service from the standards prescribed in subsection (a): "(1) Service in a joint duty assignment in which the full tour of duty in the assignment is not completed by the officer because of^ "(A) retirement; "(B) release from active duty; "(C) suspension from duty under section 155(fK2) or 164(g) of this title; or "(D) a qualifying reassignment (as described in subsection (g)(4)). "(2) Service in a joint duty assignment outside the United States or in Alaska or Hawaii. "(3) Service in a joint duty assignment in a case in which— • "(A) the officer's tour of duty in that assignment brings the officer's cumulative service for purposes of subsection (fK3) to the applicable standard prescribed in subsection (a); and

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"(B) the length of time served in that assignment (in any case other than an assignment which is described in subsection (g)(4)(B)) was not less than two years. "(e) AVERAGE TOUR LENGTHS.—(1) The Secretary shall ensure that the average length of joint duty assignments during any ftscal year (after fiscal year 1990), measured by the lengths of the joint duty assignments ending during that fiscal year, meets the standards prescribed in subsection (a). "(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service: "(A) Service described in subsection (c), except that not more than 10 percent of all joint duty assignments shown on the list published pursuant to section 668(b)(2)(A) of this title may be so excluded in any year. "(B) Service described in subsection (d). "(f) FULL TOUR OF DUTY.—An officer shall be considered to have completed a full tour of duty in a joint duty assignment upon completion of— "(1) a joint duty assignment that meets the standards prescribed in subsection (a); "(2) a joint duty assignment under the circumstances described in subsection (c); or "(3) cumulative service in joint duty assignments as described in subsection (g). "(g) CUMULATIVE CREDIT.—(1) Cumulative service for purposes of subsection (f)(3) is service in joint duty assignments which totals in length not less than the applicable standard prescribed in subsection (a) and which includes at least one tour of duty in a joint duty assignment that— "(A) was performed outside the United States or in Alaska or Alaska. Hawaii; or Hawaii. "(B) Was terminated because of a qualifying reassignment (as described in paragraph (4)). "(2) In computing cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty of the officer in a joint duty assignment other than a tour of duty specified in subparagraph (A) or (B) of paragraph (1) may not be counted unless the officer served at least two years in the assignment. The ,<.,-, prohibition on counting certain tours of duty in the preceding n. tjji<.. sentence does not apply to a joint duty assignment which follows a reassignment described in paragraph (4)(B). "(3) In computing the cumulative service of an officer in joint duty assignments for purposes of paragraph (1), a tour of duty in a joint duty assignment shall be excluded— "(A) if the officer served less than 10 months in that assignment; and "(B) to the extent that the assignment was served more than eight years before the date of computation of the cumulative service. "(4) For purposes of paragraph (I)(B), a qusdifying reassignment is a reassignment of an officer from a joint duty assignment— "(A) for unusual personal reasons (including extreme hardship and medical conditions) beyond the control of the officer or the armed forces; or "(B) to another joint duty assignment immediately after—

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"(i) the officer was promoted to a higher grade if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer's new grade; or "(ii) the officer's position was eliminated in a reorganization.",

(b) CONSECUTIVE ASSIGNMENTS WITHIN SAME ORGANIZATION.—Sec-

tion 668 of such title is amended by adding at the end the following new subsection: "(f) CLARIFICATION OF 'TOUR OF DUTY'.—For purposes of this chapter, a tour of duty in which an officer serves in more than one joint duty assignment within the same organization without a break between such assignments shall be considered to be a single tour of duty in a joint duty assignment.". SEC. 1304. NOTICE TO CONGRESS OF USE OF WAIVER AUTHORITIES AND EXCLUSIONS WITH RESPECT TO OFFICER MANAGEMENT (a) ADDITIONS TO ANNUAL JOINT OFFICER REPORT.—Section 667 of

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Schools and colleges. Schools and colleges.

title 10, United States Code, is amended— (1) by redesignating paragraphs (2) through (10) as paragraphs (5), (6), (7), (8), (10), (11), (13), (14), and (16), respectively; (2) by inserting after paragraph (1) the following new para' graphs (2), (3), and (4): "(2) The military occupational specialties within each of the armed forces that have been designated as critical occupational I specialties under section 661(c)(2) of this title, separately identil fying those specialties for which there is a severe shortage of trained officers, together with an explanation of how those specialties meet the criteria for that designation in section 661(c)(2)(B) of this title. "(3) The number of officers on the active-duty list with a ' military occupational specialty designated under section 661(c)(2) of this title as a critical occupational specialty who— ^* "(A) have been nominated for the joint specialty; "(B) have been nominated for the joint specialty and are serving in a joint duty assignment; "(C) have completed a joint duty assignment and are attending an appropriate program at a joint professional military education school; "(D) have completed an appropriate program at a joint professional military education school; a 8wr "(E) have been selected for the joint specialty; and "(F) have served, or are serving in, a second joint duty C assignment after being selected for the joint specialty, with " '^ the number of such officers who have served, or are serving, in a critical joint duty assignment shown separately for -ii-^K general and flag officers, and for all other officers. "(4) For each fiscal year— iic "(A) the number of officers nominated for the joint speov cialty and, of those, the number who have a military occupational specialty designated as a critical occupational 4i jm specialty; and "(B) a comparison of the number of officers who have the '.s: joint specialty who qualified for the joint specialty under "t section 661(c)(l) of this title with the number of officers who have the joint specialty who were selected for the joint — ^^4' specialty under section 661(c)(2) of this title.";

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101 STAT. 1173

(3) by striking out "paragraph (2)" in paragraphs (6), (7), and (8) (as redesignated by paragraph (1)) and inserting in lieu thereof "paragraph (5)'; (4) by inserting after paragraph (8) (as redesignated by paragraph (1)) the following new paragraph: "(9) The promotion rate for officers considered for promotion from above the promotion zone, shown for officers serving on the Joint Staff, officers with the joint specialty, and other officers serving in joint duty assignments, compared in the same manner as specified in paragraph (5)."; (5) by inserting after paragraph (11) (as redesignated by paragraph (1)) the following new paragraph: "(12) The number of times, in the case of each category of exclusion, that service in a joint duty assignment was excluded in computing the average length of joint duty assignments."; (6) by striking out "paragraphs (2) through (5)" in paragraph (13) (as redesignated by paragraph (1)) and inserting in lieu thereof "paragraphs (5) through (9)"; and (7) by inserting after paragraph (14) (as redesignated by para_' '; graph (1)) the following new paragraph: "(15) The number of times a waiver authority was exercised under this chapter (or under any other provision of law which permits the waiver of any requirement relating to joint duty assignments) and in the case of each such authority— "(A) whether the authority was exercised for a general or flag officer; ' (B) an analysis of the reasons for exercising the authority; and "(C) the number of times in which action was taken without exercise of the waiver authority compared with the number of times waiver authority was exercised (in the case of each waiver authority under this chapter or under any other provision of law which permits the waiver of any requirement relating to joint duty assignments).", (b) APPLICABILITY.—Paragraphs (3) and (4) of section 667 of title 10, lo USC 667 note. United States Code, as added by subsection (a), shall apply with respect to fiscal years after fiscal year 1987. SEC. 1305. SPECIAL TRANSITION RULES FOR NUCLEAR PROPULSION OFFICERS (a) JOINT DUTY ASSIGNMENT REQUIREMENT FOR PROMOTION TO

FLAG RANK.—Paragraph (1) of section 619(e) of title 10, United States Code, is amended to read as follows: "(1) An officer may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has completed a full tour of duty in a joint duty assignment (as described in section 664(f) of this title). Before January 1, 1992, an officer of the Navy designated as a qualified nuclear propulsion officer may be appointed to the grade of rear admiral (lower half) without regard to the preceding sentence, but an officer so appointed may not be appointed to the grade of rear admiral until the officer completes a full tour of duty in a joint duty assignment.". (b) TRANSITION PLAN.—(1) The Secretary of Defense, after con- lo use 619 note. sultation with the Chairman of the Joint Chiefs of Staff, shall develop and carry out a plan for ensuring that— (A) during the period before January 1, 1992, the maximum practicable number of officers of the Navy who are qualified

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 101 STAT. 1174

PUBLIC LAW 100-180—DEC. 4, 1987

nuclear propulsion officers serve in joint duty assignments and otherwise fulfill the provisions of chapter 38 of title 10, United States Code; and ?i (B) by January 1, 1992, the maximum practicable number of qualified nuclear populsion officers in the grade of cap'^ > tain have qualified for appointment to the grade of rear admiral (lower half) by completing a full tour of duty in a joint duty assignment. (2) The plan shall include milestones for each calendar year beginning with 1989 requiring that a progressively greater proportion of qualified nuclear propulsion officers fulfill the various requirements of chapter 38 of title 10, United States Code, and other provisions of law enacted by title IV of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433) so that after January 1, 1992, the nuclear propulsion community will be capable of complying with the requirements of that chapter without undue reliance on waivers granted by the Secretary of Defense. 10 USC 619 note. (c) IMPLEMENTATION.—The plan required to be developed under subsection (b) shall be implemented at the earliest practicable date, but in no event later than six months after the date of enactment of this Act. The Chairman of the Joint Chiefs of Staff shall monitor the implementation of such plan. 10 USC 619 note. (d) REPORT.—On the date on which the plan required to be developed under subsection (b) is implemented, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (1) a copy of the plan; and n- ii (2) a report explaining how the plan fulfills the objectives prescribed in subsection (b). PART B—OTHER MATTERS 10 USC 136 note.

SEC. 1311. TEMPORARY INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF DEFENSE

Until January 20, 1989, the number of Assistant Secretaries of Defense authorized under section 136(a) of title 10, United States Code, and the number of positions at level IV of the Executive Schedule authorized under section 5315 of title 5, United States Code, for Assistant Secretaries of Defense, are each increased by one (to a total of 12). SEC. 1312. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEADQUARTERS ACTIVITIES AND CERTAIN OTHER ACTIVITIES

>' ' - ' ' ' ^ '

Section 601 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (10 U.S.C. 194 note) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): "(f) EXCLUSION.—In computing and making reductions under this section, there shall be excluded not more than 1,600 personnel transferred during fiscal year 1988 from the General Services Administration to the Department of Defense for the purpose of having the Department of Defense assume responsibility for the management, operation, and administration of certain real property under the jurisdiction of that Department.". " ^ * - i-^

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1175

SEC. 1313. CLARIFICATION OF FORCES NOT REQUIRED TO BE ASSIGNED TO COMBATANT COMMANDS

Section 162(a)(2) of title 10, United States Code, is amended by international striking out the period at the end and inserting in lieu thereof "or organizations. forces assigned to multinational peacekeeping organizations.". SEC. 1314. TECHNICAL AMENDMENTS

(a) AMENDMENTS TO P U B U C LAW 99-433.—(1) The table contained in section 101(a)(5) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433; 100 Stat. 995) is amended by striking out "chapter 3 " above the right hand column and inserting in lieu thereof "chapter 144". (2) Section 202(b)(2) of such Act (100 Stat. 1011) is amended by inserting "the first place it appears" immediately before the semicolon. (3) Section 532(c)(l) of such Act (100 Stat. 1063) is amended by striking out "section" and inserting in lieu thereof "sections". (4) Section 602(e)(3)(B) of such Act (100 Stat. 1067) is amended by striking out "and strength" and inserting in lieu thereof "end strength". (b) AMENDMENTS TO TITLE 10.—Title 10, United States Code, is amended as follows: (I)(A) Section 152 is amended by striking out the section heading and inserting in lieu thereof the following: "§ 152. Chairman: appointment; grade and rank". (B) The table of sections at the beginning of chapter 5 is amended by striking out the item relating to section 152 and inserting in lieu thereof the following:

10 USC 2431-2434.

10 USC 743. 10 USC 3033 ^°^10 USC ill note,

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 * JSIJ

nl

"152. Chairman: appointment; grade and rank.".

(2) Section 155 is amended— (A) in subsection (fK4)(B), by inserting "or Congress" after "the President"; and (B) in subsection (g)(2), by inserting "the President or" after "declared by". (3) Section 194(e)(2) is amended by inserting "the President or" after "declared by". (4) Section 619(e)(2)(D) is amended by striking out "the date of the enactment of this subsection" and inserting in lieu thereof "October 1, 1986,". (5)(A) The heading for section 743 is amended by adding at the end "; Commandant of the Marine Corps". (B) The table of sections at the beginning of chapter 43 is amended by inserting "; Commandant of the Marine Corps" after "Air Force" in the item relating to section 743. (6) Section 1406(i) is amended— (A) by inserting "AND VICE CHAIRMEN" after "CHAIRMEN" in the subsection heading; and (B) by inserting "or Vice Chairman" after "Chairman" in paragraph (1). (7) Sections 3014(f)(4), 5014(f)(4), and 8014(f)(4) are each amended by inserting "the President or" after "declared by". (8) The table of sections at the beginning of chapter 549 is amended by striking out the item relating to section 5898 and inserting in lieu thereof the following: "5898. Action on reports of selection boards.".

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 101 STAT. 1176

PUBLIC LAW 100-180—DEC. 4, 1987

(9) Section 8062(e) is amended by striking out "section 114" and inserting in lieu thereof "section 115". (c) AMENDMENTS TO TITLE 37.—(1) Section 413 of title 37, United States Code, is amended to read as follows:

"§ 413. Chairman and Vice Chairman of the Joint Chiefs of Staff "The Chairman and Vice Chairman of the Joint Chiefs of Staff are entitled to the allowances provided by law for the Chief of Staff of the Army.". (2) The table of sections at the beginning of chapter 7 of such title is amended by striking out the item relating to section 413 and inserting in lieu thereof the following: "413. Chairman and Vice Chairman of the Joint Chiefs of Staff.". (d) MISCELLANEOUS AMENDMENTS.—Footnote 2 in the table in

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section 411(a) of title 38, United States Code, is amended by inserting "or Vice Chairman" after "Chairman". .Bsoiii' 1. (2) Section 1344(b)(4) of title 31, United States Code, is amended by inserting "the members and Vice Chairman o f before "the Joint Chiefs of Staff". (3) Footnote 2 of the table entitled "COMMISSIONED OFFICERS" in section 101(b)(l) of the Uniformed Services Pay Act of 1981 (37 U.S.C. 1009 note) is amended by inserting "or Vice Chairman" after "Chairman". (4) Section 1302(b)(3) of the Department of Defense Authorization Act, 1986 (37 U.S.C. 431 note), is amended by striking out "section 133(d)" and inserting in lieu thereof "section 113(d)". 10 USC 743 note. (e) EFFECTIVE DATES.—(1) The amendments made by subsection (a) shall apply as if included in the enactment of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 10 USC 111 note.

99-433).

37 USC 413 note.

(2) The amendments made by subsections (c)(D, (d)(3), and (d)(4) shall take effect as of October 1, 1986. TITLE XIV—FOREIGN RELATIONS MATTERS

Maritime ?ffai>« Iran.

SEC. 1401. COMMENDATION OF ARMED FORCES IN PERSIAN GULF FOR SUCCESS OF CERTAIN OPERATIONS

(a) FINDINGS.—Congress makes the following findings: (1) The Armed Forces of the United States are currently engaged in operations in the Persian Gulf, including operations to escort United States flag vessels moving through the Gulf, in order to protect national security interests of the United States and the principle of freedom of navigation in international waters. (2) The government of Iran, through the use of its armed forces and revolutionary guards, is engaging in ongoing activities, including the laying of mines in international waters, to disrupt shipping in the Persian Gulf. (3) During the night of September 21-22, 1987, Army and Naval forces of the United States detected an Iranian minelaying activity underway in international waters in the Persian Gulf and, in an outstanding instance of joint military operations, tracked and neutralized the boat carrying out the mine laying-

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(4) On October 8, 1987, elements of the Armed Forces of the United States, acting jointly, successfully defended themselves against an attack by Iranian forces in the Persian Gulf. (5) The success of those joint operations (A) serves notice to Iran that the United States will react decisively and effectively to such hostile activities, and (B) may result in reduced risk to United States interests in the Persian Gulf. (6) There is precedent throughout the history of the United States for Congress to recognize and commend similar operations by the Armed Forces of the United States, including Congressional praise on February 3, 1802, of "the gallant conduct" of certain members of a United States Naval force in the Wars with the Barbary Powers. (b) CONGRESSIONAL COMMENDATIONS.—The Congress hereby—

(1) declares that those members of the Armed Forces who participated in the joint operations of September 21-22, 1987, and October 8, 1987, in the Persian Gulf acted in the finest military and naval traditions of the United States and displayed exemplary professionalism, skill, and dedication; and (2) commends those members, and all members of the Armed Forces who acted in support of those operations, for their participation in those important and successful operations. SEC. 1402. SENSE OF THE SENATE REGARDING JUSTIFICATION FOR SINKING IRANIAN VESSELS

Maritime affairs.

It is the sense of the Senate that the Armed Forces of the United States are fully justified in sinking any Iranian vessel which threatens the safe passage of (1) any warship of the United States, or (2) any other vessel known to have on board any citizen of the United States. This section shall not in itself be construed as legislative authority for any specific military operation. SEC. 1403. UNITED STATES POLICY TOWARD PANAMA

(a) FINDINGS.—The Congress makes the following findings: (1) The executive, judicial, and legislative branches of the Government of Panama are now under the influence and control of the Panamanian Defense Forces. (2) A broad coalition of church, business, labor, civic, and political groups in Panama has called for an objective and thorough investigation of allegations concerning serious violations of law by certain officials of the Government of Panama and the Panamanian Defense Forces and has insisted that General Noriega and others involved relinquish their official General Noriega. positions until such an investigation has been completed. (3) The Panamanian people continue to be denied the full Human rights. rights and protections guaranteed by their constitution, as evidenced by continuing censorship and the closure of the independent media, arrests without due process, and instances of the use of excessive force by the Panamanian Defense Forces. (4) Political unrest and social turmoil in Panama can only be resolved if the Government of Panama begins to demonstrate respect for and adherence to all provisions of the Panamanian constitution. Qi) PoucY.—Therefore, it is the sense of Congress that, subject to the condition expressed in subsection (c), the United States should take the following actions:

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 101 STAT. 1178

Imports. Sugar, syrup, an mo asses.

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PUBLIC LAW 100-180—DEC. 4, 1987

(1) Cease all economic and military assistance provided to the Government of Panama under the Foreign Assistance Act of 1961 and the Arms Export Control Act, other than assistance to meet immediate humanitarian concerns. (2) Suspend all shipments of military equipment (including spare parts for military equipment) to the Government of Panama or to any of its agencies or institutions. (3) Reassess whether the United States should terminate the importation into the United States of sugar, syrup, and molas^^^ produced in Panama and reallocate among other foreign countries the quantities of such products that otherwise would be imported from Panama. (c) CONDITIONS.—It is further the sense of Congress that the United States should take the actions described in subsection (b) unless, within 45 days after the date of the enactment of this Act— (1) the Government of Panama has demonstrated substantial progress in the effort to assure civilian control of the armed forces and that the Panama Defense Forces and its leaders have been removed from nonmilitary activities and institutions; (2) the Government of P a n a m a has established a n independe n t investigation into allegations of illegal actions by m e m b e r s of the P a n a m a Defense Forces; (3) ^ n o n m i l i t a r y t r a n s i t i o n a l government is in power; and

(4) all constitutional guarantees, including freedom of the press, have been restored to the people of Panama. SEC. 1404. CONGRESSIONAL STATEMENTS CONCERNING VIETNAMESE OCCUPATION OF CAMBODIA AND JAPANESE TRADE WITH VIETNAM

• (a) FINDINGS.—The Congress finds that— (1) during the nine years since Vietnam invaded Cambodia in late 1978, most Western countries have pledged to maintain an embargo on trade with and developmental aid to Vietnam until Vietnamese troops are withdrawn from Cambodia; (2) Japan joined in this embargo by freezing approximately $135,000,000 in grants and concessionary loans to Vietnam and
 * reducing trade levels with Vietnam from $220,000,000 in 1978 to

$120,000,000 the following year; (3) despite the fact that 140,000 Vietnamese troops continue to occupy Cambodia, Japan's economic ties with Vietnam have grown steadily since 1982, reaching a current annual trade level .,-. f of $230,000,000; ...,.,.. (4) this trade has included trade in goods and technology ^,,.,. which enhances the productive capacity and the infrastructure base of Vietnam; and . (5) the 65,000,000 people of Vietnam are a tempting lure for investors seeking low wages and for traders seeking new markets. OJ) CONDEMNATION OF VIETNAMESE OCCUPATION OF CAMBODIA.—

The Congress hereby— (1) reaffirms its condemnation of the continued Vietnamese occupation of the sovereign State of Cambodia, an activity which violates all standards of conduct befitting a responsible nation and contravenes all recognized principles of international law; and ..$*<?.;•.•:; - -cfu.••.•'•I'^n ^•;- ;r-^»*».$

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101 STAT. 1179

(2) reaffirms its call for Vietnam to withdraw from Cambodia as the only way Vietnam can expect to end its self-induced economic isolation, (c) STATEMENT ON JAPANESE TRADE WITH VIETNAM.—The Congress hereby strongly urges the Government of Japan to— (1) continue to refrain from granting to Vietnam any official economic assistance; (2) refrain from granting to Vietnam any form of trade financing, including export credits, trade-related credit insurance, and extended loans for infrastructure development; (3) continue to discourage its private business sector from exporting to Vietnam goods and technology which enhance the productive capacity and the infrastructure base of Vietnam, including in particular equipment for— (A) oil exploration and development, (B) forestry and fishery production, (C) development of raw materials for light industries, and (D) the upgrading of export productive capacities; and (4) strongly discourage the private business sector of Japan from providing financing which in any way facilitates trade with Vietnam. SEC. 1405. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO NICARAGUA FOR COMBAT

Congress hereby reaffirms the sense of Congress expressed in the first session of the 99th Congress (in section 1451 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 760)), that United States Armed Forces should not be introduced into or over Nicaragua for combat. However, nothing in this section shall be construed as affecting the authority and responsibility of the President or Congress under the Constitution, statutes, or treaties of the United States in force.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS SEC. 2001. SHORT TITLE

This division may be cited as the "Military Authorization Act, 1988 and 1989".

Construction

SEC. 2002. EXPLANATION OF ALTERNATIVE LEVELS

In this division the dollar amount authorized for projects at certain military installations and the dollar amount authorized to be appropriated for certain purposes are shown in two different amounts, the second amount being set forth in parentheses immediately after the first. An explanation of the reasons for the two amounts and the rule for determining which dollar amount is to be effective appears in section 3 of this Act.

91-194 O - 90 - 7: QL.3 Part 2

Military AuthoSn Act, 1988 and 1989.

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 101 STAT. 1180

PUBLIC LAW 100-180—DEC. 4, 1987

f ';- Subdivision 1—Fiscal Year 1988 ^ ..,

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TITLE I—ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS

(a) INSIDE THE UNITED STATES.—The Secretary of the Army may acquire real property and may carry out mihtary construction projects in the amounts shown for each of the following instsillations and locations inside the United States: UNITED STATES ARMY FORCES COMMAND

Fort Bragg, North Carolina, $54,790,000 ($41,990,000). Fort Campbell, Kentucky, $12,410,000. Fort Carson, Colorado, $2,050,000. Fort Devens, Massachusetts, $1,840,000. Fort Greely, Alaska, $6,400,000. Fort Hood, Texas, $31,500,000. Fort Hunter Liggett, California, $1,000,000. •*'; Fort Irwin, California, $4,450,000. Fort Lewis, Washington, $960,000.
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Aliamanu Military Reservation, Hawaii, $5,000,000. Hawaii Various, $12,300,000. Schofield Barracks, Hawaii, $38,850,000 ($18,850,000). UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND

Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort

Belvoir, Virginia, $15,610,000. Benjamin Harrison, Indiana, $6,900,000 ($0) ^^ Benning, Georgia, $11,700,000. Bliss, Texas, $13,040,000. Dix, New Jersey, $1,650,000. Knox, Kentucky, $3,400,000. Hamilton, New York, $960,000. Lee, Virginia, $14,350,000. Leonard Wood, Missouri, $10,000,000. ^^,,, >_,,;,,,,,/,. McClellan, Alabama, $4,700,000. Rucker, Alabama, $5,700,000. MILITARY DISTRICT OP WASHINGTON

Cameron Station, Virginia, $400,000.

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101 STAT. 1181

UNITED STATES ARMY MATERIEL COMMAND

Aberdeen Proving Ground, Maryland, $7,160,000. Army Materiel Research Command, Massachusetts, $15,000,000. Anniston Army Depot, Alabama, $2,100,000. Corpus Christi Army Depot, Texas, $2,950,000. Dugway Proving Ground, Utah, $9,200,000 ($5,250,000). Fort Wingate, New Mexico, $370,000. Hawthorne Army Ammunition Plant, Nevada, $6,500,000. Lake City Army Ammunition Plant, Missouri, $21,000,000. Letterkeniw Army Depot, Pennsylvania, $2,000,000. Lexington-Blue Grass Depot Activity, Kentucky, $570,000. Navajo Depot Activity, Arizona, $4,000,000. Pine Bluff Arsenal, Arkansas, $2,000,000. Pueblo Depot Activity, Colorado, $620,000. Red River Army Depot, Texas, $7,950,000. ,^, Redstone Arsenal, Alabama, $21,000,000. Savanna Army Depot, Illinois, $2,550,000. Seneca Army Depot, New York, $1,250,000. Sierra Army Depot, California, $2,600,000. Tooele Army Depot, Utah, $6,700,000. Umatilla Depot Activity, Oregon, $1,050,000. UNITED STATES ARMY INFORMATION SYSTEMS COMMAND

Fort Huachuca, Arizona, $1,250,000. Fort Ritchie, Maryland, $16,500,000. UNITED STATES MILITARY ACADEMY

United States ($11,400,000).

Military

Academy,

New York,

$26,200,000

UNITED STATES ARMY HEALTH SERVICES COMMAND

Walter Reed Army Medical Center, District of Columbia, $1,300,000. MILITARY TRAFFIC MANAGEMENT COMMAND

Bayonne Military Ocean Terminal, New Jersey, $2,010,000. Sunny Point Military Ocean Terminal, North Carolina, $2,190,000. ASSISTANT CHIEF OF ENGINEERS

Classified, United States, $4,000,000. (b) OUTSIDE THE UNITED STATES.—The Secretary of the Army may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States: UNITED STATES ARMY, JAPAN

Japan Various, $11,250,000. ' -'

EIGHTH UNITED STATES ARMY

Camp Casev, Korea, $28,000,000. Camp Castle, Korea, $3,200,000. Camp Hovey, Korea, $11,800,000.

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 101 STAT. 1182

PUBLIC LAW 100-180—DEC. 4, 1987_ CampHowze, Korea, $4,150,000. Camp Jackson, Korea, $4,350,000. Camp Kyle, Korea, $2,750,000. Camp Mercer, Korea, $720,000. Camp Nimble, Korea, $2,200,000. Camp Page, Korea, $5,900,000. Camp Red Cloud, Korea, $8,500,000. Korea, Various, $4,850,000. Yongsan, Korea, $3,750,000.

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BALUSTIC MISSILE DEFENSE SYSTEMS COMMAND

Kwajalein, $26,560,000. UNITED STATES ARMY SOUTH

Honduras, $4,150,000. UNITED STATES ARMY EUROPE AND SEVENTH ARMY

Bad Kreuznach, Germany, $10,200,000. Baumholder, Germany, $10,800,000. Einsiedlerhof, Germany, $5,900,000. Giessen, Germany, $1,250,000. '!>':?•,\ Y3'"^ I'' Grafenwoehr, Germany, $5,700,000. Hanau, Germany, $1,300,000. Hohenfels, Germany, $15,500,000. Mainz, Germany, $1,100,000. Rheinberg, Germany, $16,950,000. ATStuttgart, Germany, $14,200,000. Various, Germany, $19,500,000. ^ 'f^-;i{ilt.T^t^f Vilseck, Germany, $60,400,000. Wiesbaden, Germany, $38,900,000. Wildflecken, Germany, $16,100,000. ".. Zweibruecken, Germany, $1,900,000. SEC. 2102. FAMILY HOUSING

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(a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Army may construct or acquire family housing units (including land acquisition), using amounts appropriated pursuant to section 2104(a)(6)(A), at the following installations in the number of units shown, and in the amount shown, for each installation: Fort Rucker, Alabama, seven manufactured home spaces, $110,000. Fort Wainwright, Alaska, fifty-nine units, $10,800,000. Fort Irwin, California, two hundred and seventy units (two hundred and twenty-five units), $30,000,000 ($24,000,000). Fort Ord, California, two hundred and eleven units, $19,000,000, of which not more than twenty-four units may be constructed at Fort Hunter Liggett, California. Bamberg, Germany, one hundred and six units, $11,200,000. Baumholder, Germany, one hundred and fifty-two units, $12,600,000. Various Locations, Germany, two hundred and twenty-eight units, funded under section 2103. Vilseck, Germany, one hundred and eighty-eight units» $17,000,000. Helemano, Hawaii, two hundred units, $21,000,000. , _:. ^,:,a^.j

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