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PUBLIC LAW 99-661—NOV. 14, 1986

(3) such technologies and programs should be funded at the < levels authorized in this Act; and (4) all the funds appropriated for such programs should be ^5 fully used for such programs. (b) ATB AND ACM PROGRAMS.—Funds appropriated to the Department of Defense for fiscal year 1987 to carry out the Advanced Technology Bomber Program may not be used for any other purpose. Funds appropriated to the Department of Defense for fiscal year 1987 to carry out the Advanced Cruise Missile Program may not be used for any other purpose. (c) B-IB AIRCRAFT.—Funds appropriated to the Department of Defense may not be used for procurement (including procurement of long-lead items, materials, systems, or subsystems) of the B-IB bomber aircraft beyond the 100 such bombers authorized by law before the date of the enactment of this Act. OCjfJW

SEC. 143. C-17 AIRCRAFT PROGRAM

Of the funds appropriated to the Air Force for procurement of the C-17 aircraft for fiscal year 1987, not more than $64,000,000 may be obligated before April 15, 1987. SEC.

':hii!i(>.j

Reports.

144. ADVANCED MEDIUM-RANGE AIR-TO-AIR MISSILE PROGRAM

(a) CONDITIONS FOR LOW-RATE PRODUCTION.—Funds appropriated or otherwise made available for fiscal year 1987 for procurement of missiles for the Air Force may not (except as provided under subsection (c)) be obligated for low-rate production procurement of the Advanced Medium-Range Air-to-Air Missile (AMRAAM) until— (1) the Secretary of the Air Force evaluates the results of the flight tests of the performance of the missile in comparison with the Milestone IIIA Low Rate Initial Production Go-Ahead decision criteria contained in the November 27, 1985, Appendix 1 to Annex B of the AMRAAM Decision Coordinating Paper; and (2) the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report describing such test results and the Secretary's evaluation of such test results under paragraph (1). (b) TESTING OF PRODUCIBILITY ENHANCEMENTS.—The Secretary of

Reports.

the Air Force shall test producibility enhancements for such missile before such enhancements are incorporated into production missiles. (c) LIMITATION ON LONG-LEAD PROCUREMENT.—Of the amount described in subsection (a), not more than $170,000,000 may be obligated for long-lead procurement of such missiles without regard to the limitation in such subsection. (d) TOTAL PROCUREMENT COST.—The cost of procurement of such missile may not exceed $7,000,000,000 (in fiscal year 1984 dollars), based upon procurement of 24,00 missiles. The amount of the limitation in the preceding sentence may be adjusted to reflect the effects of congressional funding actions on the established program. Notice of any such adjustment shall be provided to Congress in the next report submitted with respect to such missile program under section 2432 of title 10, United States Code, relating to Selected Acquisition Reports. SEC. 145. T-46 AIRCRAFT PROGRAM

(a) COMPETITION FOR TRAINER AIRCRAFT.—(1) No funds may be obligated or expended for the procurement of the T-46 trainer

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aircraft until the Secretary of the Air Force conducts a competition evaluating the cost and performance of the following: (A) The proposed T-46A trainer aircraft. (B) The existing T-37 trainer aircraft. (C) An upgraded T-37 trainer aircraft. (D) Any other aircraft capable of meeting Air Force training requirements. (2) The competition described in paragraph (1) shall include a flyoff between the T-37, T-46, and any other candidate aircraft for such competition. (3) Any funds appropriated to the Air Force for fiscal year 1986 for the T-46 aircraft program and which remain available for obligation may be used for the purpose of conducting the competition referred to in paragraph (1). (b) LIMITATION ON FISCAL YEAR 1987 FUNDS.—Funds appropriated to the Air Force for fiscal year 1987 may not be used for procurement of the T-46 aircraft. PART E—CHEMICAL WEAPONS

. VKQiiifJOii

SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR CHEMICAL DEMILITARIZATION PROGRAM

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated to the Secretary of Defense for fiscal year 1987 for the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 747), in the 50 USC 1521. amount of $120,100,000. OJ) LIMITATION OF OBLIGATION.—Funds appropriated or otherwise

made available for procurement for fiscal year 1987 for the program described in subsection (a) may not be obligated in excess of the amount authorized to be appropriated in that subsection. SEC. 152. LIMITATION ON THE EXPENDITURE OF FUNDS FOR THE BIGEYE BINARY CHEMICAL BOMB (a) LIMITATION ON FISCAL YEAR 1987 FUNDS.—Before October 1,

1987, funds appropriated for fiscal year 1987 for procurement of the BIGEYE binary chemical bomb may not be obligated— (1) for procurement (including procurement of components) of such bomb; or (2) for assembly of such bomb.

'3felV0«

(b) LIMITATION ON FINAL ASSEMBLY.—Before October 1, 1988,

funds appropriated or otherwise made available to the Department of Defense may not be obligated or expended for the final assembly of complete BIGEYE binary chemical bombs. (c) LIMITATION ON FISCAL YEAR 1986 FUNDS FOR PRODUCTION

FACILITIES.—(1) Of the funds appropriated for fiscal year 1986 for production facilities for the BIGEYE binary chemical bomb, not more than $90,000,000 may be obligated or expended. None of such amount may be obligated or expended until the President certifies to Congress that— (1) production of the BIGEYE binary chemical bomb is in the national security interests of the United States; and (2) the design, planning, and environmental requirements for such facilities have been satisfied.

President of U.S. Defense and national security.

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text: Dictionary of National Biography, 1885-1900/Patey, Janet Monach


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PUBLIC LAW 99-661—NOV. 14, 1986 (d) GAO MONITORING AND REPORT.—(1) The Secretary of Defense

shall provide for the involvement of the Comptroller General in monitoring the operational testing of the BIGEYE bomb. (2) After any such testing is completed, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on such testing. The report shall include an assessment of such testing and any comments the Comptroller General considers appropriate. (e) REPORT ON LONG-RANGE STANDOFF CHEMICAL MUNITIONS.—(1)

The Secretary of Defense shall submit to Congress a report on the military requirements for long-range standoff chemical weap ns. The report shall address the military advantages and disadvantages of such weapons and the potential of such weapons to complement the currently planned binary chemical weapon systems. (2) Such report shall be submitted not later than March 15, 1987. SEC. 153. CHEMICAL WEAPONS, AGENTS, OR COMPONENTS AT LEXINGTON-BLUEGRASS DEPOT (a) PROHIBITION ON SHIPMENTS TO DEPOT.—No chemical weapons, agents, or components used in chemical weapons may be shipped into the Lexington-Bluegrsiss Depot in Richmond, Kentucky, for any purpose, including disposal.

Kentucky.

(b) PROHIBITION ON FUTURE USE OF DEPOT.—After disposal of the

chemical weapons stockpile stored at the Lexington-Bluegrass Depot, as required by section 1412 of the Department of Defense Authorization Act, 1986 (Public Law 99-145), the depot may not be used for assembly, construction, testing, storage, or disposal of any chemical or biological weapon. (c) WAIVER AUTHORITY.—The Secretary of Defense may waive the provisions of subsection (a) or (b) if the Secretary determines that such a waiver is in the national security interest of the United States. SEC. 154. REPORT ON CHEMICAL WEAPONS DEMILITARIZATION PROGRAM (a) REPORT REQUIREMENT.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the chemical weapons demilitarization program required by section 1412 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 747). The report shall describe— (1) methods for carrying out such program that would optimize safety considerations; and (2) methods for carrying out such program that would optimize cost-effectiveness considerations. (b) DEADLINE FOR REPORT.—The report required by subsection (a) shall be submitted not later than February 1, 1987

50 USC 1521. Defense and national security.

50 USC 1521.

'

T - ' J

'

SEC. 155. TECHNICAL AMENDMENT TO PUBLIC LAW 99-145 RELATING TO BINARY CHEMICAL MUNITIONS

'

Section 1411(b)(l) of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 745), is amended by striking out "North Atlantic Council" and inserting in lieu thereof "Defense Planning Committee of the North Atlantic Treaty Organization meeting in permanent session".

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TITLE II—RESEARCH, DEVELOPMENT, TEST AND EVALUATION PART A—AUTHORIZATION OF APPROPRIATIONS AND PROGRAM ^^'^ LIMITATIONS

> i

SEC. 201. AUTHORIZATION OF APPROPRIATIONS

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 1987 for the use of the Armed Forces for research, development, test, and evaluation in amounts as follows: (1) For the Army, $4,712,729,000. (2) For the Navy (including the Marine Corps), $9,294,106,000. (3) For the Air Force, $15,019,084,000. (4) For the Defense Agencies, $7,189,633,000, of which— '^^'^ (A) $133,800,000 is authorized for the activities of the Deputy Under Secretary of Defense, Test and Evaluation; and (B) $11,300,000 is authorized for the Director of Operational Test and Evaluation. (h) LIMITATION ON OBLIGATIONS.—The maximum amount that may be obligated from an account for which funds are authorized to be appropriated in subsection (a) is the amount authorized to be appropriated for such account under that subsection plus any amount authorized for such account under subsection (b) plus the following: (1) For the Army, $5,830,000. (2) For the Navy, $72,000.
 * ik:

(3) For the Air Force, $2,400,000. SEC. 202. LIMITATION ON COPPERHEAD GUIDED PROJECTILE

(a) REQUIREMENT FOR SECOND SOURCE.—The Secretary of the Army may not enter into a contract for any product improvement or modification to the Copperhead Guided Projectile until the Secretary of Defense submits to Congress a written certification that— (1) a competition for a second source for production of such projectile has been conducted; and (2) a second source for production of such projectile has been selected.

Contracts.

(h) PRODUCT IMPROVEMENT OR MODIFICATION.—For purposes of

subsection (a), a product improvement or modification is any change to the production configuration of the Copperhead Guided Projectile in effect on the date of the enactment of this Act. (c) EXPIRATION OF LIMITATION.—The limitation in subsection (a) expires upon the enactment of a law making appropriations for the Department of Defense for fiscal year 1988. SEC. 203. L I M I T A T I O N S ON FUNDS FOR THE NAVY

(a) V-22 OSPREY AIRCRAFT.—Of the funds authorized in section 201 for the Navy, not more than $386,871,000 is available for the V-22 Osprey aircraft. Not more than one-half of such amount may be obligated or expended until the Secretary of the Navy certifies to the Committees on Armed Services of the Senate and the House of Representatives in writing that— ^ (1) such aircraft is capable of performing the antisubmarine im warfare mission currently performed by the S-3A aircraft; and (2) such aircraft is the most cost effective aircraft to perform that mission.

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text: Dictionary of National Biography, 1885-1900/Patient, Thomas


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Reports.

Reports.

PUBLIC LAW 99-661—NOV. 14, 1986

(b) MARINE CORPS PEGASUS ENGINE.—Of the funds appropriated pursuant to authorizations in this title, not less than $8,000,000 shall be used for safety and reliability improvements for the Marine Corps AV-8B aircraft Pegasus engine program. (c) AviONics RACK FOR S-3 AIRCRAFT.—The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after the date of the enactment of this Act a report on the manner in which the Navy proposes to correct whatever deficiencies exist in the avionics rack for the S-3 aircraft. (d) RANKINE CYCLE ENERGY RECOVERY (RACER) SYSTEM.—Of the funds appropriated to the Navy for research, development, test, and evaluation for fiscal year 1987, the sum of $20,000,000 shall be available to the Secretary of Defense for evaluation of the Rankine Cycle Energy Recovery (RACER) system and such testing as the Secretary determines necessary. (e) LOW-COST SEEKER MISSILE.—Of the funds authorized in section 201 for the Navy, $39,704,000 is available only for the Low-Cost Seeker Missile program. (f) TRIDENT II PROGRAM.—None of the funds appropriated to the Department of Defense for fiscal year 1987 for the Trident II missile development program or for the procurement of Trident II missiles and related support equipment may be used for any other purpose. In achieving any undistributed reduction required to be made in programs, projects, or activities for which funds have been appropriated to the Department of Defense for fiscal year 1987, the Secretary of the Navy may not reduce the amount of funds available for the program and equipment described in the preceding sentence. (g) FUNDS FOR LiBYAN LESSONS-LEARNED EQUIPMENT MODIFICATION.—Of the amount appropriated for research, development, test, and evaluation for the Navy for fiscal year 1987, $50,000,000 may be obligated or expended for programs directly related to the Libyan lessons-learned study, subject to the condition that none of the funds may be obligated or expended for such programs until 30 days after the date on which the Secretary of the Navy submits to the Committees on Armed Services of the Senate and House of Representatives a report explaining the purposes for which the funds are proposed to be used. SEC. 204. LIMITATIONS ON FUNDS FOR THE AIR FORCE

Reports.

(a) SHORT-RANGE ATTACK MISSILE.—None of the funds appropriated to the Department of Defense for fiscal year 1987 for research, development, test, and evaluation may be obligated or expended for the purpose of full-scale development of a new or modified short-range attack missile (SRAM) until the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives a report concerning the short-range attack missile that includes the following: (1) Data and other information sufficient to compare— (A) the total program cost, and the effectiveness, of the minimum modification of the existing motors for such mis• -. > ( sile; with (B) the total program cost, and the effectiveness, of the '.lA'-i development of a new short-range attack missile; (2) Data and other information sufficient to compare—

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Y r:,.

(A) the total program cost, and the effectiveness, of the modification of an existing warhead for the short-range attack missile; with (B) the total program cost, and the effectiveness, of the j.Y development of an all new warhead for the short-range attack missile. ,; (3) The recommendation of the Secretary with respect to the ^ most cost-effective missile and warhead configuration for the short-range attack missile. Ob) LOW-COST SEEKER MISSILE.—Of the funds authorized in section 201 for the Air Force, $17,375,000 is available only for the Low-Cost Seeker Missile program. (c) SPACE DEFENSE SYSTEM.—Of the amount authorized in section 201 for the Air Force, not more than $200,000,000 is available for the Space Defense System. None of such amount may be used for the production verification of the Miniature Homing Vehicle. (d) PAVE TIGER/SEEK SPINNER SYSTEM.—Of the funds authorized in section 201 for the Air Force, $80,000,000 is available only for facilitization for production of the Pave Tiger/Seek Spinner System. SEC. 205. LIMITATION ON FUNDS FOR DEFENSE AGENCIES (a)

MEDICAL APPLICATION OF FREE ELECTRON LASER.—Of

the

amount authorized in section 201 for the Defense Agencies (including the Strategic Defense Initiative Organization), $15,000,000 may be used only for the application of Free-Electron Lasers for medical research and material. (b) LASER PANTOGRAPHY.—Of the amount authorized to be appropriated in section 201 for the Defense Agencies for Microwave/ Millimeter Wave Monolithic Integrated Circuit Technology efforts, $4,000,000 is available only for the Laser Pantography project. (c) STRATEGIC TECHNOLOGY.—Of the funds authorized in section 201 for the Defense Agencies, $240,620,000 is available only for the Strategic Technology program. Of such amount, $10,000,000 is available only for independent research in the field of ocean science and related fields to provide an assessment of the possibilities of nonacoustic detection of submarines. SEC. 206. OTHER LIMITATIONS (a) ADVANCED FIELD ARTILLERY TACTICAL DATA SYSTEM/MARINE INTEGRATED FIRE AND AIR SUPPORT SYSTEMS, ARMY/NAVY.—(1)

Except as provided in paragraph (2), none of the funds appropriated or otherwise made available to the Department of Defense for fiscal year 1987 for research, development, test, and evaluation may be obligated or expended for the development of the Army Advanced Artillery Tactical Data System or the Marine Integrated Fire and Support System (MIFASS) until— (A) a single program is selected for both the Army and the Marine Corps; or , (B) the Secretary of Defense certifies to Congress, before December 16, 1986, that continuation of both programs is operationally sound and less costly to the United States than the development of a common system for use by both the Army and Marine Corps. (2) Of the funds referred to in paragraph (1), not more than $3,000,000 may be obligated without regard to the limitation in such paragraph for operational testing of the Marine Integrated Fire and Support System.

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 100 STAT. 3840

PUBLIC LAW 99-661—NOV. 14, 1986 (b) ADVANCED TACTICAL AIRCRAFT AND ADVANCED TECHNOLOGY

FIGHTER.—(1) The Secretary of the Navy may not obligate funds for the full-scale development of the Navy Advanced Tactical Aircraft program until the Secretary of Defense certifies to Congress that the design selected for the aircraft will accommodate essential Air Force-peculiar requirements for such aircraft, (2) The Secretary of the Air Force may not obligate funds for the full-scale development of the Air Force Advanced Technology Fighter program until the Secretary of Defense certifies to Congress that the design selected for the aircraft will accommodate essential Navy-peculiar requirements for such aircraft. (3) After September 30, 1987, funds appropriated to the Department of Defense may not be obligated for the Advanced Tactical Aircraft program of the Navy or the Advanced Technology Fighter program of the Air Force unless the Secretary of Defense certifies to Congress that— (A) the requirements for both such programs have been finalized; and -Ot (B) such requirements, as finalized, have been agreed to by the Secretary of the Navy, the Secretary of the Air Force, and the Office of the Secretary of Defense. SEC. 207. ADVANCED ANTI-ARMOR WEAPON SYSTEM

jii

(a) FEASIBILITY DEMONSTRATION OF CANDIDATE SYSTEMS.—Of the

funds authorized in section 201 for the Army, $48,735,000 is authorized to be appropriated for the Advanced Anti-Armor Weapon System Medium (AAWS-M) program, but funds may be obligated for such program only if— (1) the Secretary of the Army begins a prototype feasibility demonstration of not more than three candidate systems for such program, including a true fire-and-forget candidate; (2) the feasibility demonstration for such a system is capable y'- of being completed within 27 months after the date of the hi-..-- enactment of this Act; (3) the official responsible for test planning and evaluation for the feasibility demonstration is the Director of Test and Evaluation of the Department of Defense; and (4) the actual conduct of the feasibility demonstration is carried out jointly by the Army and the Marine Corps. (b)

REQUIREMENT FOR SATISFACTION OF SERVICE ANTI-ARMOR

REQUIREMENTS.—The Secretary of Defense may not authorize the initiation of full-scale engineering development of the winning AAWS-M candidate until— (1) the Secretary of the Army certifies to the Committees on Armed Services and Appropriations of the Senate and House of Representatives that the winning system meets the anti-armor requirement of the Army; and (2) the Secretary of the Navy, upon recommendation of the Commandant of the Marine Corps, certifies to such Committees that the winning system meets the anti-armor requirement of the Marine Corps. SEC. 208. ELECTRONIC WARFARE MASTER PLAN

(a) ELECTRONIC WARFARE CONSOLIDATION.—The Under Secretary of Defense for Acquisition shall prepare an Electronic Warfare Master Plan providing policy guidance in electronic warfare to the Secretaries of the military departments. The master plan shall be

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100 STAT. 3841

coordinated with the policy and fiscal guidance of the Secretary of Defense. The Under Secretary shall submit the master plan to the Committees on Armed Services of the Senate and House of Representatives. (b) OBLIGATION LIMITATION.—Not more than 80 percent of the amount appropriated to each of the military departments for fiscal year 1987 for research, development, test, and evaluation of electronic warfare systems may be obligated until the Under Secretary of Defense for Acquisition transmits to the committees the Electronic Warfare Master Plan prepared under subsection (a). (c) AMOUNTS AUTHORIZED.—Of the amounts appropriated to the Department of Defense for research, development, test, and evaluation for fiscal year 1987, not less than $100,000,000 shall be available to the Under Secretary of Defense for Acquisition for research, development, test, and evaluation of electronic warfare systems.

Research and development.

SEC. 209. LIMITATION ON TESTING ELECTROMAGNETIC PULSE

During fiscal year 1987, the Secretary of the Navy may not carry out a demonstration test of an electromagnetic pulse in the Chesapeake Bay, Maryland and Virginia, in connection with the Electromagnetic Pulse Radiation Environment Simulator Program for Ships. PART B—STRATEGIC DEFENSE INITIATIVE SEC. 211. FISCAL YEAR 1987 FUNDING LEVEL FOR STRATEGIC DEFENSE INITIATIVE

Of the amount authorized in section 201 for research, development, test, and evaluation for the Defense Agencies, not more than $3,213,000,000 is available for the Strategic Defense Initiative (SDI) Program. SEC. 212. JOINT DEVELOPMENT OF ANTITACTICAL BALLISTIC MISSILE SYSTEM

Of the funds available for the Strategic Defense Initiative under section 211, not more than $50,000,000 shall be available for the joint development, on a matching fund basis, of an anti-tactical ballistic missile system for deployment with NATO allies and other countries that the United States has invited to participate in the Strategic Defense Initiative Program. SEC. 213. LIMITATION ON ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER FOR THE STRATEGIC DEFENSE INITIATIVE PROGRAM

(a) LIMITATION.—The Secretary of Defense may not obligate or expend any funds for the purpose of operating a Federally funded research and development center that is established for the support of the Strategic Defense Initiative Program after the date of the enactment of this Act unless— (1) the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report with respect to such proposed center that provides the information described in subsection (b); and (2) funds are specifically authorized to be appropriated for ' / such purpose after the date of the enactment of this Act in ar 'Act other than— (A) an appropriations Act; or

10 USC 2431 note.

Report.

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PUBLIC LAW 99-661—NOV. 14, 1986

(B) a continuing resolution, (b) CONTENT OF REPORT.—A report submitted under subsection (a)(1) with respect to a proposed center shall include a discussion of— •.,.; -...^•aP(1) the ability of existing Federally funded research and develi,;>r,. vsr |£ opment centers, Federal research laboratories, and private con: tractors to perform the objectives of technological integration •f and evaluation required by the Strategic Defense Initiative c Organization; (2) the comparative cost of having the proposed work per•* formed by— -fc (A) the Strategic Defense Initiative Organization; M\ i^ (B) Federally funded research and development centers in / -;. existence on the date of the enactment of this Act; ,. < C by Federal research laboratories; ^) 50 tn »rr •! > i (D) by private contractors; or (E) by such center; ''' * ^^'-^ • "'• "^ -i.:> (3) whether such center is intended to be— r -' .irs ID (A) primarily a study and analysis center; or out.e' (B) primarily a system engineering/system integration iol ft center; Contracts. (4) whether such center will be required or authorized to enter into contracts under which research projects would be performed by other Federally funded research and development centers. Federal research laboratories, or private contractors; S: (5) whether the contract to operate such center will be awarded on a competitive basis; .^. (6) whether proposals with respect to the operation of such center— ix. (A) will be considered by the appropriate Defense Agency; and (B) will be subjected to review by persons to be elected by v the National Academy of Sciences; (7) whether such center will be designed to prevent even the possibility of an appearance of a conflict of interest— (A) by prohibiting any officer, employee, or member of ,..-, f, the governing body of such center from holding any position '^ ',., with— ,,1 (i) the Strategic Defense Initiative Organization; or (ii) a private contractor that has a substantial interest in the development of the Strategic Defense \~\ I'l ' Initiative; and ' '" * ' (B) by prohibiting more than one-half of the members of the governing body of the proposed Federally Funded t) j'p. Research Center from simultaneously holding any position ' •',:' with the Strategic Defense Initiative Advisory Committee •:; or any similar body which provides technological, scientific, >.i ' or strategic advice to the Department of Defense about the Strategic Defense Initiative; ••;;: (8^ whether other actions will be taken to avoid possible •, conflict of interest situations within such center; -•' (9) the role of the Department of Defense in— (A) the selection of the staff of such center; and tof f ' (B) the internal organization of such center; and (10) whether a prescribed minimum percentage of the annual budget of such center will be set aside for research to be conducted independently of the Department of Defense.

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(c) COMPTROLLER GENERAL REPORT.—The Comptroller General of the United States shall also submit a report to Congress providing an analysis of the items in subsection (b) as appropriate. SEC. 214. REPORT ON PROJECTED COSTS OF SDI PROGRAM Section 223(b) of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 613), is amended by adding at the end the following: "The Secretary shall include in such report the following information: "(1) The cost goals or cost objectives for the production and deployment of a Strategic Defense Initiative System determined on the basis of capabilities expected to be developed in the future and the cost goals or cost objectives for the individual ^ • components of such system (determined on the basis of capabilif ties expected to be developed in the future). • "(2) The estimated cost for the production and deployment of '^ the Strategic Defense Initiative System referred to in paragraph (1) and determined on the basis of prices in effect and capabili• ties in existence at the time of the preparation of the report and the estimated cost for the production and deployment of the ' individual components of such system (determined on the basis of prices in effect and capabilities in existence at the time of the preparation of the report).''. SEC. 215. REPORT ON STRATEGIC DEFENSE INITIATIVE DEPLOYMENT SCHEDULE

(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit to Congress a report detailing what Strategic Defense Initiative technologies can be developed or deployed within the next 5 to 10 years to defend against significant military threats and help accomplish critical military missions. The missions to be considered include— (1) defending United States Armed Forces abroad and United States allies against tactical ballistic missiles, particularly new and highly accurate Soviet shorter range ballistic missiles ^„ armed with conventional, chemical, or nuclear warheads; (2) defending against a limited but militarily effective Soviet i attack aimed at disrupting the National Command Authority ,. and other valuable military assets; (3) providing sufficient warning and tracking information to defend or effectively evade possible Soviet attacks against military satellites including those in high orbits; and (4) providing early warning and attack assessment information and the necessary survivable command, control, and communication to defend against possible Soviet conventional or strategic attacks. (b) ADDITIONAL MATERIAL TO B E INCLUDED.—The report shall— (1) identify any other significant near-term military mission ,, that the application of Strategic Defense Initiative technologies might help accomplish; It (2) list what specific program elements of the Strategic Defense Initiative are pertinent to these applications; tj' (3) estimate initial operating capability dates for the systems needed to accomplish these missions; (4) estimate the level of funding necessary for each program to reach these operating capability dates; and

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 100 STAT. 3844

PUBLIC LAW 99-661—NOV. 14, 1986

(5) estimate the survivability and cost effectiveness at the margin of these systems against current and projected Soviet threats, (c) DEADLINE FOR REPORT.—The report under subsection (a) shall be submitted not later than March 15, 1987. SEC. 216. EFFECT OF STRATEGIC DEFENSE INITIATIVE ON COMPLIANCE WITH THE ANTI-BALLISTIC MISSILE TREATY

23 UST 3435.

(a) FINDINGS.—The Congress makes the following findings: (1) The President's Commission on Strategic Forces declared h in its report to the President, dated March 21, 1984, that "One of the most successful arms control agreements is the AntiBallistic Missile Treaty of 1972". (2) The Secretary of State has stated that the "ABM Treaty requires consultations, and the President has explicitly recog;, nized that any ABM-related deployments arising from research ,j into ballistic missile defenses would be a matter for consultations and negotiations between the Parties". (3) The Secretary of State declared on October 14, 1985, that "our research program has been structured and, as the President has reaffirmed, will continue to be conducted in a accordance with a restrictive interpretation of the treaty's < obligations". (4) The President has determined that the Krasnoyarsk radar T is a violation of the ABM Treaty. (5) The Krasnoyarsk radar therefore erodes the integrity of the ABM Treaty and is a matter of serious concern. (b)

Union of Soviet Socialist Republics.

CONGRESSIONAL

DECLARATIONS.—The

Congress

therefore

declares— (1) that it fully supports the declared policy of the President that a principal objective of the United States in negotiations ^j^jj Yie Soviet Union on nuclear and space arms is to reverse r the erosion of the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of ^^ Anti-Ballistic Missile Systems, signed on May 26, 1972 (com'^ monly referred to as the "ABM Treaty"); and (2) that action by the Congress in approving funds in this Act ': for research on the Strategic Defense Initiative— • (A) does not express or imply an intention on the part of Congress that the United States should abrogate, violate, or oj rroj otherwise erode such treaty; and -Atm ^g) Qgg jjQ^ express or imply any determination or commitment on the part of Congress that the United States •{ni! develop, test, or deploy ballistic missile strategic defense weaponry that would contravene such treaty. SEC. 217. REPORT ON THE ANTI-BALLISTIC MISSILE TREATY (a) REPORT ON LESS RESTRICTIVE INTERPRETATION.—The Secretary

of Defense shall submit to Congress a report concerning the effect of the less restrictive interpretation of the Anti-Ballistic Missile Treaty on the Strategic Defense Initiative program. (b) MATTERS TO B E INCLUDED.—The report shall include the following: (1) An analysis of the ramifications of the less restrictive interpretation on the development under the Strategic Defense m Initiative Program, of strategic defenses, including comprehensive strategic defense systems, and more limited defenses

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text: Dictionary of National Biography, 1885-1900/Patmore, Peter George


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designed to protect vital United States military and command and control assets, based on "other physical principles". This analysis should compare research and development programs pursued under both the restrictive and less restrictive interpretations of such treaty, including a comparative analysis of— . (A) the overall cost of the research and development programs, (• (B) the schedule of the research and development programs, and L (C) the level of confidence attained in the research and development programs with respect to supporting a full: scale engineering development decision in the early 1990's. I (2) A list of options under the less restrictive interpretation of such treaty that meet one or more of the following objectives: (A) Reduction of the overall development cost. 'hij I (B) Advancement of the schedule for a full-scale engineering development decision. ?.'; ' (C) Increase in the level of confidence in the results of the research by the original full-scale development date, (c) DEADLINE FOR REPORT.—The report under subsection (a) shall be submitted not later than February 1, 1987. PART C—BALANCED TECHNOLOGY INITIATIVE SEC. 221. CONVENTIONAL DEFENSE INITIATIVE

(a) IN GENERAL.—In this Act, Congress commences a program of Conventional Defense Initiatives to provide an emphasis on improving the conventional weapons of the Armed Forces (and the testing of such weapons) and to enhance cooperation with the other member nations of the North Atlantic Treaty Organization. The initiative is intended to improve the fighting power and survivability of the combat forces of the United States and to raise the threshold for nuclear war. (b) AMOUNT AUTHORIZED.—Of the amount authorized in section 201 for the Army, Navy, and Air Force, $162,323,000 is available only for the Conventional Defense Initiatives program. SEC. 222. BALANCED TECHNOLOGY INITIATIVE (a) EARMARKING FOR CERTAIN CONVENTIONAL PROGRAMS.—(1) Of

the amount authorized in section 201 for Defense Agencies, not less than $300,000,000 shall be used to expand research on innovative concepts and methods of enhancing conventional defense capabilities. Such research and development efforts shall emphasize the following: (A) Armor/anti-armor initiatives. (B) Defenses against armed helicopters. (C) Hypervelocity missiles for ground combat use. (D) Defense against anti-ship missiles, including those with "stealth" characteristics. , (E) "Smart" mines for both land and ocean warfare. (F) Lightweight, air transportable vehicles with anti-armor capabilities for rapid transport to remote areas. (G) Improved conventional anti-submarine warfare munitions. (H) "Smart" standoff munitions and submunitions for aircraft delivery outside of lethal air defense ranges.

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PUBLIC LAW 99-661—NOV. 14, 1986

(2) The amount specified in paragraph (1) is in addition to the amount specified for the Strategic Defense Initiative in section 211 and for the Conventional Defense Initiative Program under section 221 and is made available subject to the following conditions: (A) That the Director of Defense Research and Engineering ^^i apportion the funds among the research, development, test, and evaluation accounts of the Army, the Navy, the Air Force, and -'' - the Defense Agencies on a merit basis, taking into consideration ongoing technology research and exploitation opportunities. •' (B) That no portion of any undistributed reduction be applied against the funds appropriated for purposes of paragraph (1) and that no portion of any undistributed reduction be applied against any program, project, or activity for which additional funds are provided under subparagraph (A). (C) That no portion of the funds provided for in paragraph (1) be applied to any program, project, or activity in support of the Strategic Defense Initiative. lb) FUNDS FOR CONVENTIONAL DEFENSE TECHNOLOGY BASE.—Of the

Research and development.

.

amount authorized in section 201 for Defense Agencies, not less than $153,000,000 shall be applied to restoration of the conventional defense technology base. Such amount is in addition to the amounts specified in subsection (a) and in sections 211 and 221 and is made available subject to the following conditions: (1) That the Director of Defense Research and Engineering apportion the funds among the research, development, test, and evaluation accounts of the Army, the Navy, the Air Force, and Defense Agencies on a merit basis, either to augment ongoing but underfunded basic and exploratory research or to establish new basic or exploratory research programs. (2) That no portion of such funds be applied to any program, project, or activity in support of the Strategic Defense Initiative. (3) That no portion of any undistributed reduction made in any research, development, test, and evaluation account be applied against the technology base activities of any military department or Defense Agency in a greater proportion than the share of that department's or Agency's technology base as a proportion of the total research, development, test, and evaluation funds made available to that department or Agency for fiscal year 1987. (4) That no portion of any undistributed reduction be applied against any program, project, or activity which has received additional funds under this subsection. (c) REPORT.—Within 90 days after the date of the enactment of this Act, the Director of Defense Research and Engineering shall submit to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a report on the implementation of this section. Such report shall include— (1) the allocation by project of the amounts specified in subsections (a)(1) and Ob); (2) the identification of other ongoing research and development projects that should be included in a balanced defense technology effort to improve conventional defenses; (3) the identification of specific research projects which were funded in fiscal years before fiscal year 1987 by the Strategic Defense Initiative Organization which could significantly enhance the conventional defense capabilities of the United States (or command, control, communications, and intelligence

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100 STAT. 3847

capabilities associated with conventional defense capabilities) and which will no longer be funded by such office; (4) for each program, project, or activity for which funds have been allocated under subsection (a)(1), or which is identified under clause (2) or (3) of this subsection, a five-year funding ii' description sufficient to maintain significant progress in such program, project, or activity, including the major milestones q and projected dates of accomplishment for such program, project, or activity; and (5) the funding that would be required for each of the next five fiscal years to restore by the end of fiscal year 1992 the defense technology base to the proportion of total research, ,-, development, test, and evaluation that such base was, on aver^'* age, during the period from 1971 through 1980, and the effect of implementing that funding on the research, development, test, and evaluation defense programs of the United States. (d) RESTRICTION ON OBLIGATION OF FUNDS.—None of the funds provided under subsections (a)(1) and (b) may be obligated until— (1) the report required by subsection (c) is submitted; and -ii (2) a period of 30 days has elapsed following the date on which the report is received by the committees. '-i

PART D—MISCELLANEOUS

SEC. 231. LIMITATION ON TESTING OF ANTI-SATELLITE WEAPONS

Union of Soviet

(a) ASAT TESTING MORATORIUM.—The Secretary of Defense may Rep^ublics. not carry out a test of the Space Defense System (anti-satellite lo USC 2431 weapon) against an object in space until the President certifies to note. Congress that the Soviet Union has conducted, after the date of the enactment of this Act, a test against an object in space of a dedicated anti-satellite weapon. (b) EXPIRATION.—The prohibition in subsection (a) expires on October 1, 1987. SEC. 232. ICBM MODERNIZATION

(a) REPORT BY THE SECRETARY OF DEFENSE ON ICBM MODERNIZATION.—At the same time the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives the report on the intercontinental ballistic missile (ICBM) modernization program required by section 1231(c) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 693. 97 Stat. 614), the Secretary shall submit to such Committees a statement containing the basis of the Secretary's recommendation "' '*' to the President, and any decisions of the President, regarding the following matters: (1) The configuration of a small intercontinental ballistic missile in terms of weight, number of warheads, and production schedule. ' (2) The selected options for more survivable follow-on basing modes and basing locations for MX (Peacekeeper) missiles. (3) The advisability of going forward with one or more selected basing modes to a full scale engineering development decision. (b) LIMITATION ON DEPLOYMENT OF PEACEKEEPER (MX) MISSILE; DEVELOPMENT OF SMALL ICBM.—The limitations contained in sec-

tions 206 and 1231 of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 614), on the deployment of the MX 97 Stat. 624, 693.

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PUBLIC LAW 99-661—NOV. 14, 1986

missile and the development of a small intercontinental ballistic missile shall cease to apply when full-scale engineering development of a small mobile intercontinental ballistic missile begins. (c) LIMITATIONS ON FUNDING.—Of the amounts appropriated for

fiscal year 1987 for the ICBM Modernization Program— (1) $120,000,000 shall be available for research and development on follow-on basing options; (2) $290,000,000 shall be available for research and development of the Peacekeeper (MX) missile; and (3) $1,200,000,000 shall be available for research and development of a small mobile intercontinental ballistic missile and basing for such missile. SEC. 233. RESTRICTION ON USE OF RESEARCH AND DEVELOPMENT FUNDS FOR GRANTS TO EDUCATIONAL INSTITUTIONS

The Secretary of Defense may not make a grant or contribution to any educational institution from funds appropriated to the Department of Defense for fiscal year 1987 for research, development, test, and evaluation unless the Secretary determines— (1) that the purpose of the grant or contribution has a potential relationship to a military function or operation; and (2) that the grant or contribution is based on the technical merit of the proposed research that best satisfies the requirements of the Department of Defense. 10 USC 2364 note.

SEC. 234. COORDINATION OF RESEARCH ACTIVITIES OF DEPARTMENT OF DEFENSE

,^

(a) PURPOSE.—The purpose of this section is to strengthen coordination among Department of Defense research facilities and other organizations in the Department of Defense. (b) FINDINGS.—The Congress finds that centralized coordination of the collection and dissemination of technological data among research facilities and other organizations within the Department of Defense is necessary— (1) to ensure that personnel of the Department are currently informed about emerging technology for defense systems; and (2) to avoid unnecessary and costly duplication of research staffs and projects. (c) IMPROVED COORDINATION AND COMMUNICATION OF DEFENSE RESEARCH ACTIVITIES.—(1) Chapter 139 of title 10, United States

Code, is amended by adding at the end the following new section: 10 USC 2364.

"§ 2364. Coordination and communication of Defense research activities "(a) COORDINATION OF DEPARTMENT OF DEFENSE TECHNOLOGICAL

DATA.—The Secretary of Defense shall promote, monitor, and evaluate programs for the communication and exchange of technological data— "(1) among the Defense research facilities, combatant commands, and other organizations that are involved in developing for the Department of Defense the technological requirements for new items for use by combat forces; and "(2) among Defense research facilities and other offices, agen-'• cies, and bureaus in the Department that are engaged in related technological matters. "(b) FUNCTIONS OF DEFENSE RESEARCH FACILITIES.—The Secretary

md.'se jr t';

of Defense shall ensure, to the maximum extent practicable—

. ^k..

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100 STAT. 3849

"(1) that Defense research facilities are assigned broad mission requirements rather than specific hardware needs; "(2) that appropriate personnel of such facilities are assigned to serve as consultants on component and support system standardization; "(3) that the managers of such facilities have broad latitude to ^ choose research and development projects; j "(4) that technology position papers prepared by Defense Contracts. ^ research facilities are readily available to all combatant commands and to contractors who submit bids or proposals for Department of Defense contracts; and "(5) that, in order to promote increased consideration of technological issues early in the development process, any position paper prepared by a Defense research facility on a technological issue relating to a major weapon system, and any technological assessment made by such facility in the case of such component, is made a part of the records considered for the purpose of making milestone O, I, and II decisions. "(c) DEFINITIONS.—In this section: "(1) The term 'Defense research facility' means a Department of Defense facility which performs or contracts for the performance of— "(A) basic research; or "(B) applied research known as exploratory development. "(2) The term 'milestone O decision' means a decision made within the Department of Defense that there is a mission need , for a new major weapon system and that research and development is to begin to meet such need. "(3) The term 'milestone I decision' means [a]/[the] selection by an appropriate official of the Department of Defense of a new major weapon system concept and a program for demonstration I and validation of such concept. "(4) The term 'milestone II decision' means approval by an i appropriate official of the Department of Defense for the fullscale development of a new major weapon system.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "2364. Coordination and communication of Defense research activities.". SEC. 235. COOPERATIVE MEDICAL RESEARCH WITH VETERANS' ADMINISTRATION

(a) FUNDING.—Of the amount authorized in section 201 for the Defense Agencies, $20,000,000 is available only for cooperative medical research to be administered by the Secretary of Defense and the Administrator of Veterans' Affairs. (b) DEADLINE.—Not later than 30 days after the enactment of a law making appropriations for the Department of Defense for fiscal year 1987, the Secretary of Defense shall make available to the Administrator of Veterans' Affairs the amount referred to in subsection (a).

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 100 STAT. 3850

PUBLIC LAW 99-661—NOV. 14, 1986

Bi rr in TITLE III—OPERATION AND MAINTENANCE •^^

PART A—AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. OPERATION AND MAINTENANCE FUNDING

^

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal year 1987 for the use of the " " " Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance in amounts as follows: For the Army, $20,025,891,000. -* For the Navy, $23,164,784,000. For the Marine Corps, $1,794,200,000. For the Air Force, $18,894,186,000. For the Defense Agencies, $7,979,380,000. "" ' For the Army Reserve, $770,300,000. For the Naval Reserve, $887,400,000. For the Marine Corps Reserve, $64,200,000.. For the Air Force Reserve, $922,100,000. '* For the Army National Guard, $1,734,603,000. '*• For the Air National Guard, $1,790,400,000. For the National Board for the Promotion of Rifle Practice, $4,316,000. ' For Defense Claims, $144,400,000. For the Court of Military Appeals, $3,200,000. For Environmental Restoration, Defense, $385,900,000. (b) ADDITIONAL AUTHORIZATION FOR ARMY NATIONAL GUARD.—In

addition to the amounts authorized in subsection (a), there are authorized to be appropriated such sums as may be necessary for the Army National Guard for— (1) armory operating costs; (2) modification or repair of work space for fulltime National •" Guard personnel; and '^ (3) partial Federal funding for major repair and renovation of National Guard facilities. (c)

AUTHORIZATION UPON

APPROPRIATION FOR HIGH PRIORITY

PROGRAMS.—Any amounts appropriated in excess of the amounts authorized in subsection (a) for high priority readiness programs are hereby authorized. SEC. 302. WORKING CAPITAL FUNDS

' -^^ I ^.

^^ f r ^ ^

K'.m».

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal year 1987 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working-capital funds in amounts as follows: For the Army Stock Fund, $230,138,000. For the Navy Stock Fund, $379,570,000. For the Marine Corps Stock Fund, $31,233,000. For the Air Force Stock Fund, $200,410,000. For the Defense Stock Fund, $66,949,000. (b) AUTHORIZATION UPON APPROPRIATION FOR HIGH PRIORITY

PROGRAMS.—Any amounts appropriated in excess of the amounts authorized in subsection (a) for high priority readiness programs are hereby authorized.

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100 STAT. 3851

SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR ASSISTANCE TO PAN AMERICAN GAMES

Funds are hereby authorized to be appropriated for fiscal year 1987 for assistance to the Tenth International Pan American Games in accordance with section 304 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 583), in the amount of $15,000,000.

,v

99 Stat. 616.

SEC. 304. TRANSPORTATION OF LIVESTOCK FEED

The Secretary of Defense may authorize the use during 1986 of National Guard equipment and personnel for transportation (including airlift) of livestock feed to drought-stricken areas of the United States. SEC. 305. AUTHORITY FOR PAYMENTS TO NASA FOR SPACE SHUTTLE SERVICES

(a) AUTHORITY.—The Secretary of Defense may make payments during fiscal year 1987 to the National Aeronautics and Space Administration for space shuttle services in advance of the receipt of such services. Any such payments— (1) may be made only from funds appropriated to the Air Force for operation and maintenance for fiscal year 1987 and only to the extent provided in appropriations Acts; (2) may not be made until 30 days after the date on which the report required in subsection (b) is received by the Congress; and (3) may not exceed $268,800,000. (b) REPORT.—Not later than December 31, 1986, the Secretary of Defense shall submit to the appropriate committees of the Congress a report containing a ten-year plan setting forth the schedule for planned payments by the Department of Defense to the National Aeronautics and Space Administration for space shuttle services and the schedule for the provision of such services.

.=?'f

PART B — P R O G R A M CHANGES AND PERMANENT L A W CHANGES SEC. 311. CONTRACT PERSONNEL TO BE INCLUDED IN BUDGET JUSTIFICATION

Section 2203 of title 10, United States Code, is amended by adding at the end the following new sentences: "The Secretary of Defense shall provide that the budget justification documents for such budget include information on the number of employees of contractors estimated to be working on contracts of the Department of Defense during the fiscal year for which the budget is submitted. Such information shall be set forth in terms of employee-years or such other measure as will be uniform and readily comparable with civilian personnel of the Department of Defense.". SEC. 312. PROCUREMENT OF CERTAIN BAKERY AND DAIRY PRODUCTS OUTSIDE THE UNITED STATES (a) PROCUREMENT OF BAKERY AND DAIRY PRODUCTS.—Chapter 143

of title 10, United States Code, is amended by adding at the end the following new section:

' "

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 100 STAT. 3852 10 USC 2422.

jui

.»i -'

PUBLIC LAW 99-661—NOV. 14, 1986

"§ 2422. Bakery and dairy products: procurement outside the United States "(a) The Secretary of Defense may authorize any element of the Department of Defense that procures bakery and dairy products for use by the armed forces outside the United States to procure any products described in subsection (b) through the use of procedures other than competitive procedures. "(b) The products referred to in subsection (a) are bakery or dairy products produced by the Army and Air Force Exchange Service in a facility outside the United States that began operating before July 1, 1986.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: IE. "2422. Bakery and dairy products: procurement outside the United States.". SEC. 313. FUNrTIONS OF MILITARY COMMISSARIES: PURCHASE OF ALCOHOLIC BEVERAGES BY NONAPPROPRIATED FUND INSTRUMENTALITIES

(a) IN GENERAL.—Chapter 147 of title 10, United States Code, is amended by adding at the end the following new sections: 10 USC 2486.

"§ 2486. Commissary stores: merchandise that may be sold; uniform surcharges "(a) Commissary stores are similar to commercial grocery stores and may sell merchandise similar to that sold in commercial grocery stores. "(b) Merchandise sold in commissary stores may include items in the following categories: "(1) Health and beauty aids. , . "(2) Meat and poultry. ,<. "(3) Fish and seafood. .. ' .. "(4) Produce. ^ -, - ,,,.- L •• "IK "(5) Food and non-food grocery items. "'6) Bakery goods.,,.- ^/^ - - - ,.»'.. u'.. ' r -•:> ^ "(7) Dairy products. ^^|.j "(8) Tobacco products. . i •=/•.: -J "(9) Delicatessen items. "(10) Frozen foods. -"'* "(11) Other categories designated in regulations prescribed by the Secretary of a military department and approved by the Secretary of Defense. "(c) An adjustment of or surcharge on sales prices in commissary stores under section 2484(b) or 2685(a) of this title or for any other purpose shall be applied as a uniform percentage of the sales price of all merchandise sold in commissary stores.
 * ^f. ^

10 USC 2487.

"§ 2487. Commissary stores: limitations on release of sales information "(a) In order to protect commercially valuable information, the Secretary of a military department, except as provided in subsection OD), may not release to the public those portions of computer data generated by electronic scanners used in military commissaries, and those portions of reports generated by such scanners, that contain the following information: "(1) The unit prices of items sold.

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100 STAT. 3853

"(2) The number of units of items sold. "(b) Information subject to subsection (a) may be released under a written agreement. Any such agreement shall require payment for such information and shall specify the amount of such payment. "(c) Amounts received by the United States under an agreement described in subsection (b) with respect to a commissary shall be deposited in the Commissary Trust Revolving Fund of the military department under which the commissary is operated. "§ 2488. Nonappropriated fund instrumentalities: purchase of alcoholic beverages "(a) The Secretary of Defense shall provide that— "(1) covered alcoholic beverage purchases made for resale on a -. military installation located in the United States shall be made from the most competitive source, price and other factors considered, except that p^j "(2) in the case of malt beverages and wine purchased for resale on a military installation located in the contiguous States, such purchases shall be made from, and delivery shall be accepted from, a source within the State in which the military installation concerned is located. "(b) If a military installation located in the contiguous States is located in more than one State, a source of supply in any State in which the installation is located shall be considered for the purposes of subsection (a)(2) to be a source within the State in which the installation is located. "(c) In this section: "(1) The term 'covered alcoholic beverage purchases' means purchases of alcoholic beverages by a nonappropriated fund instrumentality of the Department of Defense with nonappropriated funds. "(2) The term 'State' includes the District of Columbia.".

10 USC 2488.

State and local governments.

 * j§-!

(b) EXEMPTION FROM WRITTEN NOTICE REQUIREMENTS.—Section

2305(b) of title 10, United States Code, is amended by adding at the end of paragraph (4) the following new subparagraph: "(E) Subparagraph (D) does not apply with respect to the award of a contract for the acquisition of perishable subsistence items.". (c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new items: "2486. Commissary stores: merchandise that may be sold; uniform surcharges. "2487. Commissary stores: limitation on release of sales information. "2488. Nonappropriated fund instrumentalities: purchase of alcoholic beverages.".

'''"

'

SEC. 314. AUTHORITY FOR SECRETARY OF DEFENSE TO ACCEPT GIFTS FOR THE DEFENSE DEPENDENTS' EDUCATION SYSTEM (a) IN GENERAL.—Chapter 155 of title 10, United States Code, is amended by adding at the end the following new section: "§ 2605. Acceptance of gifts for defense dependents' education system "(a) The Secretary of Defense may accept, hold, administer, and spend any gift (including any gift of an interest in real property) made on the condition that it be used in connection with the operation or administration of the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.). The Secretary may pay all necessary

10 USC 2605.

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 100 STAT. 3854

^ ' "''-' ^

Securities. -' "

Regulations.

PUBLIC LAW 99-661—NOV. 14, 1986

expenses in connection with the acceptance of a gift under this subsection. "(b) There is established in the Treasury a fund to be known as the 'Department of Defense Dependents' Education Gift Fund'. Gifts of money, and the proceeds of the sale of property, received under subsection (a) shall be deposited in the fund. The Secretary may disburse funds deposited under this subsection for the benefit or use of the defense dependent's education system, subject to the terms of the gift. "(c) Subsection (c) of section 2601 of this title applies to property that is accepted under subsection (a) in the same manner that such subsection applies to property that is accepted under subsection (a) of that section. "(d)(1) Upon request of the Secretary of Defense, the Secretary of the Treasury may— "(A) retain money, securities, and the proceeds of the sale of securities, in the Department of Defense Dependents' Education ' Gift Fund; and "(B) invest money and reinvest the proceeds of the sale of < securities in that fund in securities of the United States or in securities guaranteed as to principal and interest by the United States. " "(2) The interest and profits accruing from those securities shall be deposited to the credit of the fund and may be disbursed as provided in subsection (b). "(e) In this section, the term 'gift' includes a devise of real property or a bequest of personal property. "(f) The Secretary of Defense shall prescribe regulations to carry out this section.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "2605. Acceptance of gifts for defense dependents' education system.".

,

SEC. 315. RENOVATION OF FACILITIES

(a) IN GENERAL.—Chapter 169 of title 10, United States Code, is amended by adding at the end of subchapter I the following new section: ^ .^^^.,_*; 10 USC 2810.

•J**? 03T

"§ 2810. Renovation of facilities "(a) The Secretary concerned may carry out renovation projects that combine maintenance, repair, and minor construction projects for an entire single-purpose facility, or one or more functional areas of a multipurpose facility, using funds available for operations and maintenance. "(b) The amount obligated on such a renovation project may not exceed the maximum amount specified by law for a minor construction project under section 2805 of this title. "(c) Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: "2810. Renovation of facilities.".

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100 STAT. 3855

SEC. 316. PROHIBITION OF PURCHASE OF ANGOLAN PETROLEUM PRODUCTS FROM COMPANIES PRODUCING OIL IN ANGOLA

10 USC 2304 no^.

(a) GENERAL RULE.—The Secretary of Defense may not enter into Contracts, a contract with a company for the purchase of petroleum products which originated in Angola if the company (or a subsidiary or partnership of the company) is engaged in the production of petroleum products in Angola. (b) WAIVER AUTHORITY.—The Secretary of Defense may waive the limitation in subsection (a) if the Secretary determines that such action is in the best interest of the United States. (c) PETROLEUM PRODUCT DEFINED.—For purposes of this section, the term "petroleum product" means— "(1) natural or synthetic crude; r>i:; "(2) blends of natural or synthetic crude; and "(3) products refined or derived from natural or synthetic crude or from such blends. (d) EFFECTIVE DATE.—This section shall take effect six months after the date of the enactment of this Act.

SEC. 317. PROHIBITION OF CONTRACTS FOR THE PERFORMANCE OF CERTAIN ARMY AMMUNITION ACTIVITIES (a) PROHIBITION OF CONTRACTING.—The Secretary of Defense and

the Secretary of the Army may not enter into a contract for the performance by contractor personnel of functions performed by employees of the Department of Defense at the Crane Army Ammunition Activity, Crane, Indiana, or the McAlester Army Ammunition Plant, McAlester, Oklahoma. (b) EXCEPTION.—The prohibition in subsection (a) does not apply to a contract (or the renewal of a contract) for the performance of a function that on the date of the enactment of this Act is under contract for performance by contractor personnel.

Indiana. Oklahoma.

SEC. 318. NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE

(a) PERSONNEL SERVICES.—Section 4308 of title 10, United States Code, is amended by adding at the end the following new subsection: "(c) The Secretary may provide personnel services (in addition to pay and non-travel related allowances for members of the armed forces) in carrying out the authority of the Secretary under this section and sections 4310 through 4312 of this title.". (b) ALLOWANCES FOR COMPETITORS AT NATIONAL MATCHES.—Sec-

tion 4313 of such title is amended— (1) by striking out "draw not more than" in subsection (a) and all that follows through the end of the subsection and inserting in lieu thereof "be paid a subsistence allowance in such amount as the Secretary of the Army shall prescribe."; and (2) by striking out "of five cents a mile" in subsection (b) and inserting in lieu thereof "in such amount as the Secretary of the Army shall prescribe". SEC. 319. PROHIBITION ON JOINT USE OF GRAY ARMY AIRFIELD WITH CIVIL AVIATION

The Secretary of the Army may not enter into an agreement to Texas, allow joint use of the Robert Gray Army Airfield at Fort Hood, Texas, with civil aviation.

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 100 STAT. 3856

PUBLIC LAW 99-661—NOV. 14, 1986

SEC. 320. REPORT ON PROPOSED REGULATIONS RELATING TO MOVE*^®" MENT OF HOUSEHOLD GOODS AND CARGO iLKifToO (a) REPORT REQUIREMENT. — The regulations of the Military Traffic M a n a g e m e n t Command described in subsection (b) may not become effective until— (1) the Secretary of the Army submits to Congress a report with respect to such regulations that incjudes a discussion of— (A) the cost savings expected a s a result of implementa-
 * >dl

ibo

i tion of such regulations; and (B) the increased quality of services expected as a result s 3; of such implementation; and (2) 90 days of continuous session of Congress elapse after the report is received. (b) DESCRIPTION OF REGULATIONS.—The regulations referred to in

subsection (a) are the regulations contained in the International Through Government Bill of Lading Rate Solicitation, volume 54, that concern— (1) elimination of the so-called "me-too" rate filing cycle; (2) elimination of the rate cancellation cycles; 4l?i (3) mandatory use of Government-owned containers; and (4) changes in storage-in-transit charges. (c) COMPUTATION OF T I M E P E R I O D, — For purposes of subsection (a)(2)-

(1) the continuity of a session of Congress is broken only by an adjournment of the Congress sine die; and (2) days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such 90-day period. PART C—HUMANITARIAN AND OTHER ASSISTANCE

SEC. 331. EXTENSION OF AUTHORIZATION FOR HUMANITARIAN ASSISTANCE (a) TRANSPORTATION, ADMINISTRATION, AND DISTRIBUTION OF HUMANITARIAN RELIEF SUPPLIES TO AFGHAN REFUGEES.—Section 305

' •

of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 617), is amended— (1) by inserting "(1)" before "There" in subsection (a); (2) by inserting "and for fiscal year 1987 the sum of $10,000,000" after "sum of $10,000,000" in subsection (a); (3) by adding at the end of subsection (a) the following new paragraph: "(2) Of the funds appropriated by the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99-190; 99 Stat. 1189), for operation and maintenance for the Air Force, $7,000,000 shall remain available for obligation until September 30, 1987, for the purpose described in paragraph (1) (including providing transportation of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2547 of title 10, United States Code). Such funds shall be in addition to funds appropriated pursuant to the authorization in paragraph (1)."; and i (4) by adding at the end the following new subsections: "(d) AUTHORITY TO TRANSFER FUNDS.—The Secretary of Defense is authorized to transfer to the Secretary of State not more than $3,000,000 of the funds appropriated pursuant to the authorization

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100 STAT. 3857

in this section for fiscal year 1987 to provide for (1) paying administrative costs of providing the transportation described in subsection (a), and (2) providing for the acquisition of transportation assets for the distribution of supplies outside the United States to accomplish the purposes of this section. "(e) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization in subsection (a) shall remain available until expended, to the extent provided in appropriation Acts.". (b) REPORTS.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives two reports, one of which shall be submitted not later than 60 days after the date of the enactment of this Act and the other not later than June 1, 1987. Each such report shall contain (as of the date on which the report is submitted) the following information: (1) The total amount of funds obligated for humanitarian relief under section 305 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 617) (as amended by subsection (a)). (2) The number of scheduled and completed flights for purposes of providing humanitarian relief under section 305 of such Act. (3) A description of any transfer (including to whom the transfer is made) of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2547 of title 10, United States Code.

>

--'.-'ff'^m

SEC. 332. EXTENSION OF AUTHORITY OF SECRETARY OF DEFENSE TO TRANSPORT HUMANITARIAN RELIEF SUPPLIES TO CERTAIN COUNTRIES

Section 1540(a) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2637), is amended by striking out "fiscal years 1985 and 1986" and inserting in lieu thereof "fiscal year 1987". SEC. 333. HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED CONJUNCTION WITH A MILITARY OPERATION

-y* 'Jc

IN

(a) IN GENERAL.—(1) Part I of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:

"CHAPTER 20—HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED IN CONJUNCTION WITH MILITARY OPERATIONS "Sec. "401. "402. "403. "404. "405. "406.

Armed forces participation in humanitarian and civic assistance activities. Approval of the Secretary of State. Payment of expenses. Annual report to Congress. Definition of humanitarian and civic assistance. Expenditure limitation.

"§ 401. Armed forces participation in humanitarian and civic lo USC 401. assistance activities "(a) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may carry out humanitarian and civic assistance activities in conjunction with authorized mili-

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text: Dictionary of National Biography, 1885-1900/Paton, James (d.1684)


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 100 STAT. 3858 Defense and national security.

PUBLIC LAW 99-661—NOV. 14, 1986

tary operations of the armed forces in a country if the Secretary concerned determines that the activities will promote— "(1) the security interests of both the United States and the country in which the activities are to be carried out; and "(2) the specific operational readiness skills of the members of the armed forces who participate in the activities. "(b) Humanitarian and civic assistance activities carried out under this chapter shall complement, and may not duplicate, any other form of social or economic assistance which may be provided to the country concerned by any other department or agency of the United States. Such activities shall serve the basic economic and social needs of the people of the country concerned. "(c) Humanitarian and civic assistance may not be provided under this chapter (directly or indirectly) to any individual, group, or organization engaged in military or paramilitary activity. ,ji u

10 USC 402.

"§ 402. Approval of the Secretary of State "Humanitarian and civic assistance may not be provided under this chapter to any foreign country unless the Secretary of State specifically approves the provision of such assistance.

10 USC 403.

"§ 403. Payment of expenses "(a) Expenses incurred as a direct result of providing humanitarian and civic assistance under this chapter to a foreign country shall be paid for out of funds specifically appropriated for such purpose. "(b) Nothing in this chapter may be interpreted to preclude the incurring of minimal expenditures by the Department of Defense for purposes of humanitarian and civic assistance out of funds other than funds appropriated pursuant to subsection (a). -,

10 USC 404.

"§ 404. Annual report to Congress "The Secretary of Defense shall submit to the Committees on Armed Services and Foreign Relations of the Senate and to the Committees on Armed Services and Foreign Affairs of the House of Representatives a report, not later than March 1 of each year, on activities carried out under this chapter during the preceding fiscal year. The Secretary shall include in each such report— "(1) a list of the countries in which humanitarian and civic c assistance activities were carried out during the preceding fiscal I year; "(2) the type and description of such activities carried out in each country during the preceding fiscal year; and "(3) the amount expended in carrying out each such activity in each such country during the preceding fiscal year.

10 USC 405.

"§ 405. Definition of humanitarian and civic assistance "In this chapter, the term 'humanitarian and civic assistance' means— "(1) medical, dental, and veterinary care provided in rural J areas of a country; "(2) construction of rudimentary surface transportation systems; "(3) well drilling and construction of basic sanitation facilities; and "(4) rudimentary construction and repair of public facilities.

JMom or

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100 STAT. 3859

"§ 406. Expenditure limitation "Not more than $16,400,000 may be obligated or expended for the purposes of this chapter during fiscal years 1987 through 1991.". (2) The tables of chapters at the beginning of subtitle A of such title and at the beginning of part I of such subtitle are each amended by adding at the end the following new item:

10 USC 406.

"20. Humanitarian and Civic Assistance Provided in Conjunction With Military Operations 401". (b) EXPENDITURE LIMITATION FOR FISCAL YEAR 1987.—Not more

than $3,000,000 may be obligated or expended for the purposes of chapter 20 of title 10, United States Code (as added by subsection (a)), during fiscal year 1987. TITLE IV—PERSONNEL AUTHORIZATIONS AND RELATED MATTERS PART A—ACTIVE FORCES SEC. 401. END STRENGTHS FOR ACTIVE FORCES

The Armed Forces are authorized strengths for active-duty personnel as of September 30, 1987, as follows: (1) The Army, 780,800. (2) The Navy, 587,000. (3) The Marine Corps, 199,600. (4) The Air Force, 606,850. SEC. 402. QUALITY CONTROL ON ENLISTMENTS INTO THE ARMY (a) PERMANENT REQUIREMENT FOR MINIMUM PERCENTAGE OF HIGH-SCHOOL GRADUATES.—Chapter 333 of title 10, United States

Code, is amended by adding at the end the following new section: "§ 3262. Army: percentage of high-school graduates 10 USC 3262. "Of the males with no prior military service who are enlisted or inducted into the Army during any fiscal year, the number who are not high-school graduates may not exceed, as of the end of the fiscal year, 35 percent of all such persons.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "3262. Army: percentage of high-school graduates.". SEC. 403. STRENGTH OF ACTIVE DUTY OFFICER CORPS

(a) REDUCTION IN SIZE OF OFFICER CORPS.—On and after each of the dates set forth in column 1 of the following table, the total number of commissioned officers serving on active duty in the Army, Navy, Air Force, and Marine Corps (excluding officers in categories specified in subsection (b)) may not exceed the percentage, set forth in column 2 opposite such date, of the total number of commissioned officers serving on active duty as of September 30, 1986 (excluding officers in categories specified in subsection (b)):

10 USC 521 note.

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 100 STAT. 3860

PUBLIC LAW 99-661—NOV. 14, 1986 Column 1 n tyr^A aftr^ u n ana alter.

Column 2 •I 'i

»5

September 30, 1987 September 30, 1988 September 30, 1989

Percentage of total commissioned officers serving on active duty as ofSeptember30, 1986: 99 97 94

?. »i"

(b) EXCLUSIONS.—In computing the authorized strength of commissioned officers under subsection (a), officers in the following categories shall be excluded: (1) Reserve officers— (A) on active duty for training; (B) on active duty under section 265, 270(b), 672a, 3033, 3496, 5251, 5252, 8033, or 8496 of title 10, United States Code, or under section 708 of title 32, United States Code; (C) on active duty under section 672(d) of title 10, United States Code, in connection with organizing, administering, .,^. recruiting, instructing, or training the reserve components or the National Guard; (D) on active duty to pursue special work; (E) ordered to active duty under section 673b of title 10, United States Code; or (F) on full-time National Guard duty. (2) Retired officers on active duty under a call or order to active duty for 180 days or less. (3) Reserve or retired officers on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for the administration of the Selective Service System, (c) APPORTIONMENT OF REDUCTIONS BY SECRETARY OF DEFENSE.—

vj _.

The Secretary of Defense shall apportion the reductions in the number of commissioned officers serving on active duty required by subsection (a) among the Army, Navy, Air Force, and Marine Corps. Not later than February 1 of each fiscal year in which reductions are required under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the manner in which the reductions have been or are to be apportioned for that fiscal year and for the next fiscal year for which such reductions are required. PART B—RESERVE FORCES

,"' * -. 10 USC 261 note.

SEC. 411. END STRENGTHS FOR SELECTED RESERVE

(a) IN GENERAL.—The Armed Forces are authorized strengths for selected reserve personnel of the reserve components as of September 30, 1987, as follows: (1) The Army National Guard of the United States, 452,681. (2) The Army Reserve, 318,011. (3) The Naval Reserve, 149,486. • o (4) The Marine Corps Reserve, 43,470. '* (5) The Air National Guard of the United States, 113,767. (6) The Air Force Reserve, 79,562. (7) The Coast Guard Reserve, 12,850.

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100 STAT. 3861

(b) WAIVER AUTHORITY.—The Secretary of Defense may vary an end strength prescribed by subsection (a) by not more than 2 percent. (c) ADJUSTMENTS.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such { component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. --n.q s&si^. Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. (c) AMENDMENT TO SECTION 115 OF TITLE 10.—Paragraph (1) of section 115(a) of title 10, United States Code (as designated by section 110 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433)), is amended to read as Ante, p. 1001. follows: "(1) Congress shall authorize the end strength as of the end of each fiscal year for the Selected Reserve of each reserve component of the armed forces. No funds may be appropriated for any fiscal year to or for the use of the Selected Reserve of any reserve component of the armed forces unless the end strength for the Selected Reserve of that component for that fiscal year has been authorized by law.". SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS (a) IN GENERAL.—Within the end strengths prescribed in section 411, the reserve components of the Armed Forces are authorized, as of September 30, 1987, the following number of Reserves to be serving on full-time active duty or, in the case of members of the National Guard, on full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components or the National Guard: (1) The Army National Guard of the United States, 24,731. i (2) The Army Reserve, 12,407. (3) The Naval Reserve, 21,476. ,. (4) The Marine Corps Reserve, 1,745. (5) The Air National Guard of the United States, 8,169. (6) The Air Force Reserve, 665. (b) COUNTING OF PERSONNEL IN CERTAIN RESERVE CALL-UP SITUA-

TIONS.—(1) Chapter 39 of title 10, United States Code, is amended by inserting after section 685 the following new section: "§ 686. Reserves on active duty: duties; funding 10 USC 686. "(a) During a period that members of a reserve component are serving on active duty pursuant to an order under section 673 or 673b of this title, members of reserve components serving on active duty may perform duties in connection with either such section.

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 100 STAT. 3862

PUBLIC LAW 99-661—NOV. 14, 1986

"(b) Funds available for the pay and allowances of Reserves referred to section 678 of this title shall be available for the pay and allowances of such Reserves who perform duties in connection with section 673 or 673b of this title under the authority of subsection (a).". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "686. Reserves on active duty: duties; funding.". ' SEC. 413. ACCOUNTING FOR CERTAIN AUTHORIZED RESERVE COMPONENT MEMBERS

Section 115(b) of title 10, United States Code (as designated by section 110(b) of the Gold water-Nichols Department of Defense Ante, p. 1001. Reorganization Act of 1986 (Public Law 99-433)), is amended— (1) by striking out the text of paragraph (1)(A) and inserting in lieu thereof the following: "Congress shall authorize the end strength as of the end of each fiscal year for each component of the armed forces for (i) active-duty personnel who are to be paid from funds appropriated for active-duty personnel, and (ii) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel. Upon determination by the Secretary of Defense that such action is in the national interest, the end strength authorized pursuant to clause (i) of the preceding sentence for a fiscal year may be increased by a number equal to not more than 0.5 percent of the end strength authorized for such component for that fiscal year and the end strength authorized pursuant to clause (ii) of that sentence for a fiscal year may be increased by a number equal to not more than 2 percent of such end strength authorized for such component for that fiscal year. No funds may be appropriated to or for the use of £^ active-duty personnel or full-time National Guard duty personnel of any component of the armed forces unless the end strength for such personnel of that component for that fiscal year has been authorized by law."; (2) in paragraph (1)(B)— (A) by striking out "for 180 days or less" in clause (v); and (B) by adding at the end the following new clause: "(vii) members on full-time National Guard duty for 180 days or less."; and P (3) in paragraph (3)(D)— (A) by striking out "and" at the end of clause (iii); (B) by striking out the period at the end of clause (iv) and inserting in lieu thereof "; and"; and (C) by adding at the end the following new clause: "(v) an analysis of the number of officers and enlisted members serving on active duty for training as of the last day of the J preceding fiscal year under orders specifying an aggregate ' ' period in excess of 180 days and an estimate for the current fiscal year of the number that will be ordered to such duty, .,,, -.,.,., tabulated by the following categories: "(I) Recruit and specialized training. mif "(II) Flight training. • "(III) Professional training in military and civilian institutions. j;o.;^^i "(IV) Officer acquisition training.". — ^ -^ -
 * ^' i

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 ..>.

PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3863

PART C—MILITARY TRAINING

SEC. 421. MILITARY TRAINING STUDENT LOADS

(a) IN GENERAL.—For fiscal year 1987, the components of the Armed Forces are authorized average military training student loads as follows: (1) The Army, 76,758. (2) The Navy, 72,483. " ' (3) The Marine Corps, 19,433. i„. (4) The Air Force, 43,911. (5) The Army National Guard of the United States, 18,262. (6) The Army Reserve, 15,858. (7) The Naval Reserve, 3,493. (8) The Marine Corps Reserve, 3,944. (9) The Air National Guard of the United States, 3,566. (10) The Air Force Reserve, 2,127. (b) ADJUSTMENTS.—The average military student loads for the Army, the Navy, the Marine Corps, and the Air Force and the reserve components authorized in subsection (a) for fiscal year 1987 shall be adjusted consistent with the personnel strengths authorized in parts A and B. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the reserve components in such manner as the Secretary of Defense shall prescribe.

,

= 0 ,:t.

TITLE V—DEFENSE PERSONNEL POLICY PART A—ACTIVE FORCES SEC. 501. ASSIGNMENT OF ACTIVE-DUTY MEMBERS OUTSIDE THE UNITED STATES

The text of section 671 of title 10, United States Code, is amended to read as follows: "(a) A member of the armed forces may not be assigned to active duty on land outside the United States and its territories and possessions until the member has completed the basic training requirements of the armed force of which he is a member. "(b) In time of war or a national emergency declared by Congress or the President, the period of required basic training (or its equivalent) may not be less than 12 weeks.". SEC. 502. SERVICE OF MEMBERS ON STATE AND LOCAL JURIES

(a) IN GENERAL.—Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: "§ 982. Members: service on State and local juries 10 USC 982. "(a) A member of the armed forces on active duty may not be required to serve on a State or local jury if the Secretary concerned determines that such service— "(1) would unreasonably interfere with the performance of the member's military duties; or "(2) would adversely affect the readiness of the unit, command, or activity to which the member is assigned. "\b) A determination by the Secretary concerned under this section is conclusive.

71-19A 0 - 89 - 14: QL. 3 Part5

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text: Dictionary of National Biography, 1885-1900/Paton, John Stafford


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 100 STAT. 3864 Regulations.

PUBLIC LAW 99-661—NOV. 14, 1986

"(c) The Secretary concerned shall prescribe regulations for the administration of this section. "(d) In this section, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory of the United States.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ^

"982. Members: service on State and local juries.".

• •

.

SEC. 503. EXTENSION OF EXPIRING AUTHORITY FOR SPOT PROMOTIONS OF NAVY LIEUTENANTS

Section 5721(f) of title 10, United States Code, is amended by striking out "September 30, 1986" and inserting in lieu thereof "September 30, 1987". 10 USC 8251 note

SEC. 504. REPEAL OF REQUIREMENT REGARDING ENLISTMENT OF WOMEN IN THE AIR FORCE DURING FISCAL YEAR 1987

Section 551(a) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2530), is amended by striking out "the period beginning on October 1, 1986" and all that follows through the end of the subsection and inserting in lieu thereof "fiscal year 1988, not less than 22 percent shall be women.". SEC. 505. AUTHORITY TO EXEMPT PHYSICIANS AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES FROM REDUCTIONS IN RETIRED PAY

4 J, v,, -

Section 2113(f) of title 10, United States Code, is amended— (1) by inserting "(1)" after "(0"; and (2) by adding at the end the following: r. «^2) The Board may exempt, at any time, a physician who is a member of the faculty from the restrictions in subsections (a), (b), and (c) of section 5532 of title 5, if the Board determines that such exemption is necessary to recruit or retain well-qualified physicians for the faculty of the University. An exemption granted under this paragraph shall terminate upon any break in employment with the University by a physician of three days or more. An exemption granted under this paragraph to a person shall apply to the retired pay of such person beginning with the first month after the month in which the exemption is granted. Not more than two exemptions may be in effect under this paragraph at any time.". SEC. 506. TREATMENT OF EXCESS LEAVE UPON RENLISTMENT (a) AUTHORITY TO CARRY OVER EXCESS LEAVE.—Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection: "(h) A member who has taken leave in excess of that authorized by this section and who is being discharged or released from active duty for the purpose of accepting an appointment or a warrant in an armed force, or of entering into an enlistment or an extension of an enlistment in an armed force, may elect to have excess leave of up to 30 days or the maximum number of days of leave that could be earned in the new term of service, whichever is less, carried over to that new term of service to count against leave that will accrue on the new term of service. A member shall be required, at the time of his discharge or release from active duty, to pay for excess leave not carried over under this subsection.". .;.),,

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100 STAT. 3865

(b) AUTHORIZATION FOR PAY AND ALLOWANCES FOR CARRIED OVER EXCESS LEAVE.—Section 502(b) of title 37, United States Code, is

amended by inserting "and section 701(h) of title 10" after "subsection (a) of this section". SEC. 507. TERMINATION OF GENDER-BASED DISTINCTIONS IN PROMOTIONS OF OFFICERS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE

(a) IN GENERAL.—Chapter 549 of title 10, United States Code, is amended by striking out sections 5896 through 5899 and inserting in lieu thereof the following: "§ 5896. Recommendations for promotion by selection boards 10 USC 5896. "(a) A selection board convened under this chapter shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the Navy or Marine Corps for officers with particular skills, considers best qualified for promotion within each competitive category considered by the board. ,..,., "(b) A selection board convened under this chapter may not recommend an officer for promotion unless— "(1) the officer receives the recommendation of a majority of the members of the board; and "(2) a majority of the members of the board finds that the officer is fully qualified for promotion. -.u i: "(c) Except as otherwise provided by law, an officer of the Naval Reserve or the Marine Corps Reserve may not be promoted to a higher grade under this chapter unless the officer is considered and recommended for promotion to that grade by a selection board convened under this chapter. "§ 5897. Reports of selection boards 10 USC 5897. "Each selection board convened under this chapter shall submit to the Secretary of the Navy a written report, signed by each member of the board, containing a list of the names of the officers recommended for promotion and certifying (1) that the board has carefully considered the record of each officer whose name was furnished to the board under section 5895 of this title, and (2) that, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the Navy or the Marine Corps from among those officers whose names were furnished to the selection board. "§ 5898. Action on reports of selection boards 10 USC 5898. "(a) If, after reviewing the report of a selection board submitted under section 5897 of this title, the Secretary of the Navy determines that the board has acted contrary to law or regulation, the Secretary shall return the report to the board for further proceedings. Upon receipt of a report returned by the Secretary under this subsection, the selection board (or a subsequent selection board convened under this chapter for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report and shall resubmit the report, as revised, to the Secretary in accordance with section 5897 of this title. "(b) The Secretary of the Navy shall, after final review of the report, submit it, together with the Secretary's recommendations, to

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 100 STAT. 3866

PUBLIC LAW 99-661—NOV. 14, 1986

the Secretary of Defense for transmittal to the President for approval, modification, or disapproval. President of U.S. "(c) The name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President. Such action may be taken at any time before the promotion of the officer. "(d) Upon approval by the President of the report of a selection board, the names of the officers recommended for promotion by the selection board (other than any name removed by the President) may be disseminated to the armed force concerned. If those names have not been sooner disseminated, those names (other than the .liftf; 'W: name of any officer whose promotion the Senate failed to confirm) shall be promptly disseminated to the armed force concerned upon confirmation by the Senate. "(e) Except as authorized or required by this section, proceedings of a selection board convened under this chapter may not be disclosed to any person not a member of the board. 10 USC 5899.

10 USC 611 et ««9-

"§ 5899. Eligibility for consideration for promotion: running mates "An officer is in the promotion zone and is eligible for consideration for promotion to the next higher grade by a selection board convened under this chapter when that officer's running mate is in or above the promotion zone established for that officer's present grade under chapter 36 of this title.". (b) CLERICAL AND CONFORMING AMENDMENTS.—(1) The

t a b l e of

sections at the beginning of chapter 549 of title 10, United States Code, is amended by striking out the items relating to sections 5896 through 5899 and inserting in lieu thereof the following: .''f*-\ Oc'j

10 USC 5896 note.

"5896. "5897. "5898. "5899.

Recommendations for promotion by selection boards. Reports of selection boards. Actions on reports of selection boards. Eligibility for consideration for promotion: running mates.".

f+

(2) Section 5903 of such title is amended— (A) by striking out "(a)" at the beginning of such section; and (B) by striking out subsection (b). (3) Subsection (a) of section 5905 of such title is amended to read as follows: "(a) The name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President. Such action may be taken at any time before the promotion of the officer.". (c) EFFECTIVE DATE.—The amendments made by this section shall apply to selection boards convened on or after the date of the enactment of this Act. SEC. 508. SENATE CONFIRMATION OFFICER POSITIONS

OF CERTAIN GENERAL AND FLAG

(a) DEAN OF ACADEMIC BOARD OF UNITED STATES MILITARY ACAD-

EMY.—Section 4335 of title 10, United States Code, is amended— (1) by striking out the last sentence of subsection (b); and (2) by adding at the end the following new subsection: "(c) The Dean of the Academic Board has the grade of brigadier general while serving in such position, with the benefits authorized for regular brigadier generals of the Army, if appointed to that grade by the President, by and with the advice and consent of the

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text: Dictionary of National Biography, 1885-1900/Paton, Mary Ann