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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1055

PART C—STRATEGIC DEFENSE INITIATIVE

Subpart 1—SDI Funding and Program Limitations and Requirements SEC. 221. FISCAL YEAR 1988 FUNDING LEVEL FOR THE STRATEGIC DEFENSE INITIATIVE

(a) AMOUNT AUTHORIZED.—Of the amounts appropriated pursuant to section 201 or otherwise made available to the Department of Defense for research, development, test, and evaluation for fiscal year 1988, not more than $3,621,000,000 may be obligated for the Strategic Defense Initiative. 0)) SPECIFIED ACTIVITIES.—Of the funds available for the Strategic Defense Initiative program under subsection (a)— (1) $27,000,000 shall be available only for a classified laser program; (2) $15,000,000 shall be available only for medical applications of the free electron laser program for medical research and material; and (3) $17,000,000 is available for defense-wide mission support for the Strategic Defense Initiative. (c) DEFENSE-WIDE MISSION SUPPORT.—Of the amount appropriated for Defense Agencies for fiscal year 1987, $16,000,000 may be used for defense-wide mission support for the Strategic Defense Initiative. SEC. 222. PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES

(a) SDI CONTRACTS WITH FOREIGN ENTITIES.—Funds appropriated to or for the use of the Department of Defense may not be used for the purpose of entering into or carrying out any contract with a foreign government or a foreign firm if the contract provides for the conduct of research, development, test, or evaluation in connection with the Strategic Defense Initiative program. (b) TEMPORARY SUSPENSION OF PROHIBITION UPON CERTIFICATION OF THE SECRETARY OF DEFENSE.—The prohibition in subsection (a)

shall not apply to a contract in any fiscal year if the Secretary of Defense certifies to Congress in writing at any time during such fiscal year that the research, development, testing, or evaluation to be performed under such contract cannot be competently performed by a United States firm at a price equal to or less than the price at which the research, development, testing, or evaluation would be performed by a foreign firm. (c) EXCEPTIONS FOR CERTAIN CONTRACTS.—The prohibition in subsection (a) shall not apply to a contract awarded to a foreign government or foreign firm if— (1) the contract is to be performed within the United States; (2) the contract is exclusively for research, development, test, or evaluation in connection with antitactical ballistic missile systems; or (3) that foreign government or foreign firm agrees to share a substantial portion of the total contract cost. (d) DEFINITIONS.—In this section: (1) The term "foreign firm" means a business entity owned or controlled by one or more foreign nationals or a business entity in which more than 50 percent of the stock is owned or controlled by one or more foreign nationals. (2) The term "United States firm" means a business entity other than a foreign firm.

^'l

10 USC 2431

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 101 STAT. 1056

PUBLIC LAW 100-180—DEC. 4, 1987

(e) TRANSITION.—The prohibition in subsection (a) shall not apply to a contract entered into before the date of the enactment of this Act. 10 USC 2431 note.

SEC. 223. LIMITATION ON TRANSFER OF SDI TECHNOLOGY TO SOVIET UNION

Military technology developed with funds appropriated or otherwise made available for the Strategic Defense Initiative may not be transferred, or made available for transfer, to the Soviet Union by the United States (or with the consent of the United States) unless— President of U.S. (1) the President determines, and certifies to Congress, that the transfer is in the national interest of the United States and
 * j,_:^,. is to be made for the purpose of maintaining peace; and

(2) Congress approves that determination by a joint resolution. 10 USC 2431

SEC. 224. SDI ARCHITECTURE TO REQUIRE HUM4N DECISION MAKING

No ^ e n c y of the Federal Government may plan for, fund, or otherwise support the development of command and control systems for strategic defense in the boost or post-boost phase against ballistic missile threats that would permit such strategic defenses to initiate the directing of damaging or lethal fire except by affirmative human decision at an appropriate level of authority. hu

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SEC. 225. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR COMPONENTS

(a) USE OF FUNDS.—(1) Funds appropriated to the Department of Defense for fiscal year 1988, or otherwise made available to the Department of Defense from any funds appropriated for fiscal year 1988 or for any fiscal year before fiscal year 1988, shall be subject to the limitations prescribed in paragraph (2). (2) The funds described in paragraph (1) may not be obligated or expended— (A) for any development or testing of anti-ballistic missile systems or components except for development and testing consistent with the development and testing described in the April 1987 SDIO Report; or (B) for the acquisition of any material or equipment (including any long lead materials, components, piece parts, test equip€M ment, or any modified space launch vehicle) required or to be used for the development or testing of anti-ballistic missile jii systems or components, except for material or equipment required for development or testing consistent with the development and testing described in the April 1987 SDIO Report. (3) The limitation under paragraph (2) shall not apply to funds transferred to or for the use of the Strategic Defense Initiative for fiscal year 1988 if the transfer is made in accordance with section 1201 of this Act and any comparable provision in legislation appropriating funds for military functions of the Department of Defense for fiscal year 1988. (b) DEFINITION.—As used in this section, the term "April 1987 SDIO Report" means the report entitled "Report to Congress on the S t r a t ^ c Defense Initiative", dated April 1987, prepared by the S t r a t ^ c Defense Initiative Organization and submitted to certain committees of the Senate and House of Representatives pursuant to section 1102 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 10 U.S.C. 2431 note)

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


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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1057

SEC. 226. PROHIBITION ON DEPLOYMENT OF ANTI-BALLISTIC MISSILE SYSTEM UNLESS AUTHORIZED BY LAW

The Secretary of Defense may not deploy any anti-ballistic missile system unless such deployment is specifically authorized by law srfter the date of the e n a c t m e n t of this Act. SEC. 227. ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER TO SUPPORT THE STRATEGIC DEFENSE INITIATIVE PROGRAM

10 USC 2431 note.

> ac^M 10 USC 2431 note.

(a) FINDINGS.—The Congress makes the following findings: (1) The Department of Defense requires technical support for issues of system integration related to the Strategic Defense Initiative program. (2) The Strategic Defense Initiative Organization, after assessing a l t e r n a t i v e types of organizations for the provision of such technical support to the Strategic Defense Initiative program (including Government organizations, profit and nonprofit entities (including existing federally funded research and development centers), a new division w i t h i n a n existing federally funded r e s e a r c h and development center, a new federally funded r e s e a r c h and development center, colleges and universities, and p r i v a t e nonprofit laboratories), determined that a new federally funded r e s e a r c h and development center (hereinafter in t h i s section referred to a s a n "FFRDC") would be the type of organization most a p p r o p r i a t e for the provision of such technical support to the Strategic Defense Initiative program.

(3) In providing such technical support to the SDI program, the new FFRDC should provide critical evaluation and rigorous and objective analysis of technologies, systems, and architectures that are candidates for use in the SDI program. (4) Competitive selection of a contractor to establish and operate such an FFRDC to support the Strategic Defense Initiative program is one way to enhance the prospects for independent and objective evaluation of system integration issues within the Strategic Defense Initiative program. (b) AUTHORITY TO CONTRACT FOR FFRDC.—The Secretary of Defense, using funds appropriated to the Department of Defense for the Strategic Defense Initiative program, may enter into a contract to provide for the establishment and operation of a federally funded research and development center to provide independent and objective technical support to the Strategic Defense Initiative program. Such a contract may not be awarded before October 1, 1989. (c) CONTRACT AWARD REQUIREMENTS. ^ !) A contract under subsection (b) shall be awarded using competitive procedures which emphasize cost considerations. (2) The Secretary of Defense shall solicit proposals for such contract from existing federally funded research and development centers, from universities, from commercial entities, and from appropriate new organizations and shall make maximum efforts to obtain more than one proposal for such contract. (3) The Secretary shall submit the three best contract proposals (as determined by the Secretary), together with a copy of the proposed sponsoring agreement for the new FFRDC, for review by three persons designated by the Defense Science Board from a list of six or more persons submitted by the National Academy of Sciences. The persons performing the review—

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 to whatever might offer; and when the Piccadilly Budget treated all the clubs to a merry half-hour by its piquant details of the early life of the latest created military baronet, or told how the great porter brewer's grandfather burnt the malt by accident and so laid the foundation to his fortune, or gave a most piquant version of an old scandal with modern touches as applicable to the newest woman writer, brother journalists were green with envy. Readers in the running said: "That's Dick O'Grady's par.," and wondered where the deuce the fellow picked up his facts. And Dick smiled at acquaintances with the winning smile that too was an inheritance from the Captain, and stopped his hansom to greet a club gossip useful to push him into the set he wished to enter, told him a rattling good story of the latest "star's" mother, whom he happened to know was a canteen woman in the Curragh in 1856, and was promised a card in return for Lady C.'s crush; sometimes, too, he found a modernised version of the Captain's chivalrous manner to women of almost miraculous effect in conciliating the esoteric petticoat influence of some leading daily; and, conscious of his debt, he would order a new dress suit and send the old boy half a sovereign with a letter bemoaning the shortness of "oof," and asking three questions no one else in London could answer him. His Sunday afternoon with the Captain was always profitably spent; he gleaned stores of workable anecdotes, and if the stories he deftly drew out gained in malice as they lost in genial humanity, and the rennet of his cynicism turned sour the milk of human kindness that ran through the Captain's worst tale—well, he was the better latter-day journalist for that. Nowise deceived, the old man would pocket the stray shillings, and wash the taste of the interview down with a glass of his favourite Jamieson, swearing he would make that cub, with the mind of a journalising huckster, cry small when he published his book. As

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 101 STAT. 1058 • "• ^

Reports.

Contracts.

PUBLIC LAW 100-180—DEC. 4, 1987

(A) shall evaluate the extent to which each proposal and the proposed sponsoring agreement would foster competent and objective technical advice for the Strategic Defense Initiative Program; and (B) shall report their evaluation of each such proposal and of the proposed sponsoring agreement to the Secretary. (4) Before awarding a contract under subsection (b), and not sooner than March 30, 1989, the Secretary shall submit to Congress— (A) a copy of the proposed final contract; and (B) a copy of the proposed final sponsoring agreement relating to the operation of the new FFRDC. (5)(A) The Secretary shall then withhold the award of such contract and the approval of such sponsoring agreement for a period of at least 30 days of continuous session of Congress beginning on the day after the date on which Congress receives the copies referred to in paragraph (4). (B) For purposes of subparagraph (A), the continuity of a session of Congress is broken only by an adjournment sine die at the end of the second regular session of that Congress. In computing the 30-day period for such purposes, days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded. (d) REQUIREMENTS APPLICABLE TO FFRDC.—The Secretary of Defense shall— (1) require that the contract referred to in subsection (b) include a provision stating that no officer or employee of the Department of Defense shall have the authority to veto the employment of any person selected to serve as an officer or employee of the new FFRDC; (2) require that at least 5 percent of the total amount of funds available for the new FFRDC shall be set aside for independent research to be performed by the staff of the new FFRDC under the direction of the chief executive officer of the new FFRDC; (3) impose a limitation on the compensation payable to each " senior executive of the new FFRDC for services performed for the new FFRDC so that such compensation shall be comparable to the amount of compensation payable to senior executives of comparable federally funded research and development centers for similar services; (4) require that the new FFRDC publicly disclose the salary of its chief executive officer; (5) prohibit current or former members of the Strategic Defense Initiative Advisory Committee from serving as members of the Board of Trustees of the FFRDC if such members constitute 10 or more percent of the Board of Trustees or from serving as officers of the new FFRDC; (6) require that the contract referred to in subsection (b) include a provision prohibiting members of such Board of Trustees from serving as officers of the new FFRDC, except that a f '^ Board member may serve as the President of the new FFRDC if the Board is comprised of 10 or more members; (7) require that the contract referred to in subsection 0)) include a provision prohibiting the new FFRDC from employing any person who, as a Federal employee or member of the Armed Forces, served in the Strategic Defense Initiative Organization

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1059

within two years before the date on which such person is to be employed by the new FFRDC; and (8) require that any contract referred to in subsection (b) require that the Board of Trustees of the new FFRDC be comprised of individuals who represent a reasonable cross-section of views on the engineering and scientific issues associated with the Strategic Defense Initiative Program. (e) FUNDING.—The Secretary of Defense shall provide that all funds for the new FFRDC within the Department of Defense budget for any fiscal year shall be separately identified and set forth in the budget presentation materials submitted to Congress for that fiscal year. (f) SUNSET PROVISION.—No Federal funds may be provided to the new FFRDC after the end of the five-year period beginning on the date of the award of the first contract awarded to the FFRDC under this section. Subpart 2—Report Requirements SEC. 231. ANNUAL REPORT ON SDI PROGRAMS

(a) IN GENERAL.—Not later than March 15, 1988, and March 15, 1989, the Secretary of Defense shall transmit to Congress a report (in both an unclassified and a classified form) on the programs that constitute the Strategic Defense Initiative and on any other program relating to defense against ballistic missiles. Each such report shall include the following: (1) A detailed description of each program or project included in the Strategic Defense Initiative (SDI) or which otherwise relates to defense against strategic ballistic missiles, including a technical evaluation of each such program or project and an assessment as to when each can be brought to the stage of fullscale engineering development (assuming funding as requested or programmed). (2) A clear definition of the objectives of each phase of the Strategic Defense Initiative Organization plan approved by the Defense Acquisition Board. (3) An explanation of the relationship between each such objective and each program and project associated with the Strategic Defense Initiative or defense against strategic ballistic missiles. (4) The status of consultations with other member nations of the North Atlantic Treaty Organization, Japan, and other appropriate allies concerning research being conducted in the Strategic Defense Initiative program. (5) A statement of the compliance of the planned SDI development and testing programs with existing arms control agreements, including the Antiballistic Missile Treaty. (6) A review of possible countermeasures of the Soviet Union to specific SDI programs, an estimate of the time and cost required for the Soviet Union to develop each such countermeasure, and an evaluation of the adequacy of the SDI programs described in the report to respond to such countermeasures. (7) Details regarding funding of programs and projects for the Strategic Defense Initiative, including— (A) the level of funding provided for the current fiscal year and for previous fiscal years for each program and

10 USC 2431 note.

North Atlantic Treaty Organization. Japan. Research and development. Union of Soviet Socialist Republics.

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 101 STAT. 1060

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PUBLIC LAW 100-180—DEC. 4, 1987

f:i V project in the Strategic Defense Initiative budgetary presentation materials provided to Congress; i ' (B) the amount requested to be appropriated for each '< such program and project for the next fiscal year; (C) the amount programmed to be requested for each such program and project for the following fiscal year; and (D) the amount required to reach the next significant '«^ milestone for each demonstration program and each major technology program. (8) Details on 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— (A) defending elements of the 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; ,.^i (B) defending against an accidental launch of strategic ballistic missiles against the United States; (C) defending against a limited but militarily effective -* \' Soviet attack aimed at disrupting the National Command t ^. Authority or other valuable military assets; (D) providing sufficient warning and tracking information to defend or effectively evade possible Soviet attacks <' against military satellites, including those in high orbits; (E) providing early warning and attack assessment information and the necessary survivable command, control, and communications to facilitate the use of United '-'•'^ States military forces in defense against possible Soviet conventional or strategic attacks; (F) providing protection of United States population from a Soviet nuclear attack; and ,?„,. (G) any other significant near-term military mission that the application of SDI technologies might help to accomplish. (9) For each of the near-term military missions listed in paragraph (8), the report shall include— (A) a list of specific program elements of the Strategic I.'. Defense Initiative that are pertinent to these applications; ' " (B) the Secretary's estimate of the initial operating capability dates for the architectures or systems to accomplish such missions; (C) the Secretary's estimate of the level of funding nec,._^j. essary for each program to reach those operating capability dates; and (D) the Secretary's estimate of the survivability and cost effectiveness at the margin of such architectures or systems against current and projected Soviet threats. (b) REPEALS.—Section 1102 of the Department of Defense Authorization Act, 1985 (10 U.S.C. 2431 note), and section 215 of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3843) are repealed.

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1061

SEC. 232. REPORT ON SDI DEVELOPMENT PLANS AND COSTS (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 total cost to develop, produce, deploy, operate, and maintain the ballistic missile defense system that would incorporate the technologies approved by the Secretary of Defense in authorizing proceeding into the demonstration/validation phase of the acquisition process. Should this system not be sufficiently defined, the system described in the 1987 report entitled "Report of the Technical Panel on Missile Defense in the 1990s", prepared by the George C. Marshall Institute, should be used as a basis for determining cost. O> DEADLINE FOR REPORT; CLASSIFICATION.—The report under t) subsection (a) shall be submitted no later than six months after the date of the enactment of this Act and shall be submitted in unclassified form. SEC. 233. REPORT ON HOW ABSENCE OF THE ABM TREATY WOULD AFFECT STRATEGIC OFFENSIVE AND DEFENSIVE PROGRAMS (a) REPORT ON N O ABM TREATY LIMITATIONS.—The Secretary of

Defense shall submit to Congress a report concerning what the effect would be on strategic offensive and defensive programs of the United States if there were no limitations on strategic defensive systems in force under the 1972 ABM Treaty. (b) MATTERS TO B E INCLUDED.—The report shall include the Research and following:

(1) An analysis of the ramifications of there being no limitation in force under the 1972 ABM Treaty on development under .. the Strategic Defense Initiative (SDI) program of strategic defenses, including comprehensive strategic defense systems and more limited defenses designed to protect vital military and command and control assets of the United States. (2) A comparison O^ased on the analysis made under paragraph (1)) of the research and development programs that could be pursued under the SDI program under the limitations ap*^' plicable under the restrictive interpretation of the 1972 ABM Treaty, under the less restrictive interpretation of such treaty, and under a case in which there were no such limitations, including a comparative analysis of— (A) the overall cost of such research and development programs; (B) the schedule of such research and development programs; and (C) the level of confidence attained in such research and development programs with respect to supporting a decision to commence full-scale engineering development under such programs in the early-to-mid 1990s. (3) A list of options for the SDI program, assuming that there are no limitations in force under the 1972 ABM Treaty, that meet one or more of the following objectives: (A) Reduction of overall development cost. (B) Advancement of the schedule for making a decision to commence full-scale engineering development. (C) Increase in the level of confidence in the results of the research by the original scheduled date for the commencement of full-scale development.

development.

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 101 STAT. 1062 Union of Soviet Republics

,...•. -1..; ^ '

PUBLIC LAW 100-180—DEC. 4, 1987

(4) An analysis of how rapidly, in the absence of limitations "^^®^ *^® 19'^2 ABM Treaty, the Soviet Union could deploy a nationwide anti-ballistic missile defense of military and nonmilitary targets and the consequences of such a deployment. The analysis should include an assessment of the following: y (A) The effect of such deployment on the confidence of the United States that, should deterrence that depends increasingly on defensive forces fail, the planned strategic nuclear, forces of the United States would be sufficient to hold assets that the leaders of the Soviet Union value at risk following Ij ^.^ a first strike by the Soviet Union against the United States. (B) The changes that must be made to the strategic offensive forces of the United States to hold assets that the leaders of the Soviet Union value at risk in the presence of strategic defenses. The analysis should include both the cost of those changes and the time period scale over which they could be accomplished. ' ' ' (C) The consistency of the required changes to United ' ^-' States strategic offensive forces of the United States described under subparagraph (B) with the current United States negotiating position in the Strategic Arms Reduction (START) negotiations. ,^ (D) The degree to which crisis stability would be affected during the transition period between the appearance of nationwide anti-ballistic missile defenses by both the United States and the Soviet Union and the completion of the changes that the United States would make to its strategic offensive forces in response to such defenses by the Soviet Union. (5) An analysis of the effect on deterrence of nuclear conflict if both the United States and Soviet Union deploy strategic defenses of comparable capability, considering both less capable and highly capable strategic defenses, as well as appropriate transition issues (including the effect on deterrence of the potential vulnerability of strategic defenses). (c) DEADLINE FOR REPORT.—The report under subsection (a) shall be submitted not later than March 1, 1988. (d) REPORT CLASSiPiCATiON.The report under subsection (a) shall be submitted in both classified and unclassified versions. (e) 1972 ABM TREATY DEFINED.—In this section, the term "1972 ABM Treaty" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missiles, signed at Moscow on May 26, 1972. SEC. 234. REPORT ON ALLOCATION OF FY88 FUNDING
 * . f

(a) IN GENERAL.—The Secretary of Defense shall submit to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives a report on the allocation of funds appropriated for the Strategic Defense Initiative for fiscal year 1988. The report shall set out the amount of such funds allocated for each program, project, or activity of the Strategic Defense Initiative within each appropriation account. (b) DEADLINE FOR REPORT.—The report required by subsection (a) shall be submitted not later than 90 days after the date of the enactment of legislation appropriating funds for the Strategic Defense Initiative for fiscal year 1988.,,,,, ^>- ,,,,,,,

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1063

PART D—B-IB BOMBER PROGRAM SEC. 241. FISCAL YEAR 1988 FUNDING LIMITATION

Of the funds appropriated pursuant to section 201 for fiscal year 1988, not more than $375,672,000 shall be available for research, development, test, and evaluation for the B-IB bomber program. SEC. 242. DEFENSIVE AVIONICS TEST AND EVALUATION PROGRAM

(a) REQUIREMENT FOR PROGRAM.—(1) During fiscal years 1988 and 1989, the Secretary of Defense shall develop and conduct a comprehensive program for the systematic testing of the defensive avionics system of the B-IB aircraft. (2) Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a detailed plan for such testing during fiscal years 1988 and 1989. Such plan shall include— (A) the planned test schedule for each of the various components of the defensive avionics system, tested singly and in combination with other components of the defensive and offensive avionics systems; (B) the objectives of each of the planned tests and the criteria that will be used to determine whether each such test is successful, partially-successful, or unsuccessful; and (C) how those scheduled tests can be used to estimate the capability of the B-IB to penetrate Soviet air defenses, including both single and multiple threats. 0)) LIMITATION ON OBLIGATION OF FUNDS.—If the report required

under subsection (a)(2) is not submitted to the congressional defense committees by the deadline stated in that subsection for the submission of such report, then none of the funds referred to in section 241 may be expended for the B-IB bomber program until the report is received by those committees. (c) BIMONTHLY STATUS REPORTS.—Beginning on February 1, 1988, and every two months thereafter until October 1, 1989, the Secretary of Defense shall submit to the congressional defense committees a report on whether the tests scheduled during the period since the preceding report were carried out when and as planned, and whether each of those tests was successful, partially successful, or unsuccessful. Each such report shall address the capability of the B-IB eiircraft to meet— (1) performance objectives; (2) technical and fiscal objectives; and (3) significant milestones. (d) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—For purposes

of this section, the term "congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and House of Representatives. SEC. 243. ASSESSMENT OF CAPABILITIES OF B-IB TO PENETRATE ENEMY AIR DEFENSES

(a) INDEPENDENT ASSESSMENT.—The Secretary of Defense shall provide for an independent assessment of the capabilities of the B-IB aircraft to penetrate air defenses of potential enemies. The Secretary shall appoint a panel of experts from the private sector to conduct the assessment and shall provide the panel such resources as are necessary, including technical assistance by private contractors, to assist the panel in conducting the assessment. Individuals

Reports.

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 101 STAT. 1064

PUBLIC LAW 100-180—DEC. 4, 1987

appointed to the panel shall be independent of the Air Force and shall have no arrangements with the Air Force that would constitute a conflict of interest. (b) CONFIGURATIONS TO B E CONSIDERED.—The panel shall estimate the air defense penetration capabilities of the B-IB aircraft in all of its mission profiles as the aircraft is estimated to be configured at each of the following times: .,.^. j,,,.,,.. (1) Initial operational capability. (2) The time the assessment is conducted. (3) The completion of the developmental test and evaluation/ - initial operational test and evaluation period during fiscal year 1989. (4) The completion of the baseline modifications program during fiscal year 1991. (c) THREATS TO B E CONSIDERED.—The panel shall estimate the air defense penetration capabilities of the B-IB aircraft against the threats described— (1) in the 1981 joint Office of the Secretary of Defense/Air Force Bomber Alternatives Study; (2) in the 1986 Strategic Bomber Force Study; and (3) in the most current threat baseline established by the intelligence community. (d) COOPERATION WITH PANEL.—The Secretary of Defense shall ensure that individuals serving on the panel receive the full cooperation of all components of the Department of Defense in carrying out the functions of the panel under this section. (e) REPORTS.—The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives— (1) an initial report on the assumptions that are to be used by the panel in making the assessment described in subsection (a); (2) periodic reports on the development and progress of the assessment; and (3) the final report of the panel (together with such comments as the Secretary considers appropriate) not later than March 1, 1988. (f) FUNDING.—Of the amount appropriated for research, development, test, and evaluation for the Air Force for fiscal year 1988, up to $1,000,000 of the amount available for the B-IB aircraft program shall be available only for the conduct of the assessment under this section. SEC. 244. LIMITATIONS ON AIRCRAFT ENHANCEMENT AND MODERNIZATION (a) MODERNI25ATION RESTRICTED.—Funds described in section 241 may not be used for modernization of the B-IB bomber aircraft. (b) CONDITIONS FOR ENHANCEMENTS.—The Secretary of Defense

may not carry out an enhancement of the B-IB aircraft unless the enhancement is specifically authorized by law and funds are specifically appropriated for that purpose. If the Secretary submits a request for any such authorization and funds, the Secretary shall include with the request— (1) a description of the requested aircraft enhancement; (2) full justification for the enhancement; (3) the total program costs of the enhancement; and (4) the planned schedule for incorporating the enhancement into the aircraft. •— « -^^ -- ->—. -- — -- — -^

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1065

SEC. 245. EVALUATION OF FLIGHT TEST PROGRAM

In order to ensure the adequacy of the proposed flight test pro* gram for the B-IB aircraft, the Director of Operational Test and Evaluation of the Department of Defense shall assume the responsibilities and exercise the authorities of the Director under section 138 of title 10, United States Code, with respect to the use of funds provided for fiscal year 1988 for such flight test program insofar as the use of such funds involves operational test and evaluation functions (as defined in such section). PART E—MISCELLANEOUS SEC. 25L COOPERATIVE MEDICAL RESEARCH WITH THE VETERANS' ADMINISTRATION

Of the amount appropriated pursuant to section 201 for the Defense Agencies for fiscal year 1988, $20,000,000 shall be available only for a cooperative medical research program to be carried out by the Secretary of Defense and the Administrator of Veterans' Affairs. SEC. 252. LINCOLN LABORATORY IMPROVEMENT PROJECT

Massachusetts.

(a) MODERNIZATION AND EXPANSION PROJECT.—The Secretary of

the Air Force is authorized to enter into a contract with the Massachusetts Institute of Technology for a modernization and expansion project at the Lincoln Laboratory complex at Hanscom Air Force Base, Massachusetts. The project includes construction of, and additions and modifications to, research offices, laboratory spaces, and supporting facilities necessary to carry out the activities of the Lincoln Laboratory. (b) PROJECT COST AND DURATION.—The amount obligated under the contract for the modernization and expansion project may not exceed $135,000,000. The project shall be completed in not more than 12 years. Costs incurred under the contract may include costs of financing charges (including financing charges on amounts provided by the Massachusetts Institute of Technology for the project), but may not include a fee or profit for the Massachusetts Institute of Technology or for Lincoln Laboratory. (c) FUNDING.—Payments under a contract under subsection (a) for any fiscal year shall be made from appropriations for research and development made to the Air Force or to any other Federal agency. (d) TITLE.—Title to the facilities, and to associated equipment, funded by such contract shall be conveyed to the United States upon completion of the project and acceptance of the facilities by the Secretary. (e) USE OF FACILITIES.—The right of the Massachusetts Institute of Technology to use such facilities and equipment shall be as provided by contracts with the United States. (f) BUDGET ACT.—The authority of the Secretary of the Air Force to enter into a contract under subsection (a) shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 253. EVALUATION OF NEW HIGH-SPEED PATROL BOAT

The Secretary of the Navy is encouraged to (1) evaluate a new 80foot reconnaissance assault and missile boat that has been designed to project power in coastal, harbor, river, and island waterways and on closed seas, and (2) consider procuring a prototype of such boat for extensive testing and evaluation. The Secretary shall submit to Reports.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/80

 101 STAT. 1066

PUBLIC LAW 100-180—DEC. 4, 1987

the Committees on Armed Services of the Senate and House of Representatives any report on the evaluation of any such boat. SEC. 254. PEGASUS ENGINE

Section 2030)) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3838) is repealed. SEC. 255. REPORT ON MILITARY USE OF NASA MANNED SPACE STATION

.

(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 activities planned by the Department of Defense to be conducted on or in conjunction with the permanently manned space station to be developed and operated by the National Aeronautics and Space Administration. The report shall include a description of— (1) those planned activities, including research projects the Department intends to conduct from the space station; (2) the eventual applications for which the Department intends such research to be used; and (3) the relationship of those planned activities to activities of the Department of Defense for which funds are authorized by this Act (including offensive and defensive weapons systems) and how such activities will be coordinated. (b) DEADLINE FOR REPORT.—The report required by subsection (a) shall be submitted not later than March 1, 1988. SEC. 256. ADVANCED LAUNCH SYSTEM

'

(a) REQUIRED PROGRAM PLANS.—The Secretary of Defense may not obligate or expend more than $50,000,000 for research, development, test, and evaluation for any activity associated directly or indirectly with the Advanced Launch System/Heavy Lift Launch Vehicle (hereinafter in this section referred to as the "ALS") program until— (1) the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration enter into an intergigency agreement (A) on the most cost-effective design approach for the ALS, and (B) on a joint management plan to implement the ALS program so as to make maximum use of the expertise and the unique testing facilities of the National Aeronautics and Space Administration, especially with respect to rocket propulsion systems; (2) the Secretary of Defense develops a management plan for the ALS program, including identification of the specific roles and responsibilities— (A) to be filled by the Defense Agencies, the Department of the Air Force, and other appropriate elements of the Department of Defense; and (B) as provided in the interagency agreement described in aragraph (1), to be filled by the National Aeronautics and pace Administration; (3) all participants in the ALS program enter into a formal cost-sharing agreement with respect to that program which— (A) identifies the total costs of the program (stated in both current and constant dollars); and (B) includes the budgetary resources intended to be dedicated by each participant in the program for each of the «f?*fiscal years 1988 through 1992; and € ^ ^..^*^ » .,i -.^ «

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Page:United States Statutes at Large Volume 101 Part 2.djvu/81

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1067

(4) the Secretary of Defense, with the concurrence of the Administrator of the National Aeronautics and Space Administration, submits to the Committees on Armed Services and Appropriations of the Senate and House of Representatives a report on the ALS program that includes— (A) a copy of the agreement described in paragraph (1); (B) a detailed description of the management plan described in paragraph (2); and (C) a copy of the cost-sharing agreement described in paragraph (3). (b) PAYLOAD COST GOAL.—Any request for proposals issued by the Department of Defense for the ALS program— (1) shall include as a goal a cost per pound of payload placed in low earth orbit of $300 or less (in constant fiscal year 1987 dollars); and (2) may not include a request for bids or proposals for an interim capability that would have a higher cost per pound of payload than specified under paragraph (1). SEC. 257. SPACE LAUNCH RECOVERY

(a) TRANSFER OF FUNDS.—Of the funds appropriated pursuant to section 201 for research, development, test, and evaluation, a total of up to $50,000,000 may be transferred from the Army and the Navy to the Air Force for activities related to space launch recovery. (b) NOTICE TO CONGRESS.—No transfer of funds may be made under subsection (a) until the Secretary of Defense has notified Congress of the proposed transfer and a period of 30 days has elapsed after the date on which notice of the proposed transfer is received by Congress. SEC. 258. STUDIES OF NUCLEAR WARHEAD FOR ARMY TACTICAL MISSILE SYSTEM

(a) Funds available to the Department of Defense or to the Department of Energy may be obligated or expended for studies and analyses of the military utility and cost of a nuclear warhead option for the Army Tactical System (ATACMS). (b) No funds may be obligated or expended for the purpose of developing, testing, producing, or integrating nuclear warheads for the Army Tactical Missile System (ATACMS) unless— (1) the Secretary of Defense certifies to the Committees on Armed Services of the Senate and the House of Representatives that the Army Tactical Missile System has achieved an initial operational capability with United States Army units permanently stationed in the Federal Republic of Germany; (2) such development, testing, production, or integration has been specifically authorized by legislation enacted after the date of the enactment of this Act; and (3) the Secretary of Defense has submitted to the Committees on Armed Services and Appropriations of the Senate and House of Representatives the comprehensive analysis required by section 1001 of the options available to the United States to preserve an adequate theater nuclear capability in Europe if a treaty with respect to intermediate-range nuclear forces (INF) is concluded between the United States and the Soviet Union.

Research and development. Federal Republic of Germany.

Union of Soviet Socialist Republics.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/82

 101 STAT. 1068

PUBLIC LAW 100-180—DEC. 4, 1987

SEC. 259. SELECTION OF HEAVY TRUCK SYSTEM CONFIGURED WITH PALLETIZED LOADING SYSTEM (a) COMPETITIVE EVALUATION.—The Secretary of Defense shall

carry out a competitive evaluation for a heavy truck system configured with a palletized loading system. The evaluation shall be based on performance specifications for nondevelopmental systems. (b) SOURCE SELECTION.—After the evaluation under subsection (a) is completed, and not later than 24 months after the enactment of this Act, the Secretary shall select a heavy truck system configured with a palletized loading system. The Under Secretary of Defense for Acquisition shall be the source selection authority with respect to the selection, and the selection shall be based on a hardware competition. The evaluation criteria for such source selection shall provide for equitable consideration of total life-cycle costs, including costs of facilitization. (c) SITE OF MANUFACTURE AND ASSEMBLY LIMITED.—The heavy truck system configured with the palletized loading system selected under this section (if procured) shall be manufactured and assembled in the United States. Science and technology. Computers. 15 USC 4601.

Grants.

15 USC 4602. Research and development.

PART F—SEMICONDUCTOR COOPERATIVE RESEARCH PROGRAM SEC. 271. FINDINGS, PURPOSES, AND DEFINITIONS

(a) FINDINGS.—The Congress finds that it is in the national economic and security interests of the United States for the Department of Defense to provide financial assistance to the industry consortium known as Sematech for research and development activities in the field of semiconductor manufacturing technology. (b) PURPOSES.—The purposes of this part are— (1) to encourage the semiconductor industry in the United States— (A) to conduct research on advanced semiconductor ^tj manufacturing techniques; and lj., (B) to develop techniques to use manufacturing expertise jCrs for the manufacture of a variety of semiconductor products; and (2) in order to achieve the purpose set out in paragraph (1), to provide a grant program for the financial support of semiconductor research activities conducted by Sematech. (c) DEFINITIONS.—In this part: (1) The terms "Advisory Council on Federal Participation in Sematech" and "Council" mean the advisory council established by section 273. (2) The term "Sematech" means a consortium of firms in the United States semiconductor industry established for the purposes of (A) conducting research concerning advanced semiconductor manufacturing techniques, and (B) developing techniques to adapt manufacturing expertise to a variety of semi-' conductor products. SEC. 272. GRANTS TO SEMATECH (a) AUTHORITY TO MAKE GRANTS.—The Secretary of Defense shall

make grants, in accordance with section 6304 of title 31, United States Code, to Sematech in order to defray expenses incurred b^ Sematech in conducting research on and development of semiconductor manufacturing technology. The grants shall be made in

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Page:The Yellow Book - 06.djvu/123

 As the sons, so the daughters.

Mary, who married well and lived in Lancaster Gate, sometimes took the children in a cab to see him; but as her nurse's sister let apartments in the same terrace, she had to look after them herself, and that was too fatiguing for frequent repetition. Kitty, the black sheep of the family, who danced in burlesque, and showed her pretty limbs as Captain of the Guard, and her pretty teeth in her laughing song, stood to him best; but even she was frankly sceptical at mention of the golden book: "Chuck it, dad, and write naughty anecdotes of celebrities for Modern Society or some of the papers; nothing pays like scandal with just a grain of truth. Like some tickets for Thursday? No! Well, buy some baccy." And she would take her rustling petticoats and powdered, laughing face, and saucy eyes, into a hansom with ill-concealed relief.

They had all grown beyond him and his dreams. Their interests were frankly material; they were keenly alive to his faults, his subterfuges, his poor, sometimes mean, shifts to make ends meet; his silly reverence for everything that wore a gown, his wasted talents that might have served their advancement; they resented him as a failure, and they let him know it.

One thing solely they were blind to, Dick as well as Barney (which was the less excusable, seeing how like the chip was to the block), level-headed Mary as easy-going Kitty—that they them selves were the result of the very faults they condemned. Their acute sense of essentials, their world-insight, their calculating fore thought, each of the very qualities that assured their success in the world of their desires was built up on the solid foundation of sordid experience his make-shift life had brought in its wake. His impecuniosity had taught them the value of money, his happy-go-lucky procrastination the need of immediate action; he had been an unconscious object lesson to them from their tenderest

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101 STAT. 1069

accordance with a memorandum of understanding entered into under subsection GJ). (b) MEMORANDUM OF UNDERSTANDING.—The Secretary of Defense

shall enter into a memorandum of understanding with Sematech for the purposes of this part. The memorandum of understanding shall require the following: (1) That Sematech have— (A) a charter agreed to by all representatives of the tw-s* semiconductor industry that are participating members of Sematech; and (B) an annual operating plan that is developed in consultation with the Secretary of Defense and the Advisory Council on Federal Participation in Sematech. I (2) That the total amount of funds made available to Sematech by Federal, State, and local government agencies for any fiscal year for the support of research and development activities of Sematech under this section may not exceed 50 percent of the total cost of such activities. (3) That Sematech, in conducting research and development activities pursuant to the memorandum of understanding, cooperate with and draw on the expertise of the national laboratories of the Department of Energy and of colleges and universities in the United States in the field of semiconductor manufacturing technology. (4) That an independent, commercial auditor be retained (A) to determine the extent to which the funds made available to Sematech by the United States for the research and development activities of Sematech have been expended in a manner that is consistent with the purposes of this part, the charter of Sematech, and the annual operating plan of Sematech, and (B) ^ to submit to the Secretary of Defense, Sematech, and the Comptroller General of the United States an annual report ^ containing the findings and determinations of such auditor. ' (5) That (A) the Secretary of Defense be permitted to use ' intellectual property, trade secrets, and technical data owned and developed by Sematech in the same manner as a participant in Sematech and to transfer such intellectual property, trade secrets, and technical data to Department of Defense contractors for use in connection with Department of Defense requirements, and (B) the Secretary not be permitted to transfer such property to any person for commercial use. (6) That Sematech take all steps necessary to maximize the expeditious and timely transfer of technology developed and owned by Sematech to the participants in Sematech in accordance with the agreement between Sematech and those participants and for the purpose of improving manufacturing productivity of United States semiconductor firms. (c) CONSTRUCTION OF MEMORANDUM OF UNDERSTANDING.—The memorandum of understanding entered into under subsection (b) shall not be considered to be a contract for the purpose of any law or regulation relating to the formation, content, and administration of contracts awarded by the Federal Government and subcontracts under such contracts, including section 2306a of title 10, United States Code, section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168), and the Federal Acquisition Regulations, and such provisions of law and regulation shall not apply with respect to the memorandum of understanding.

^03^ jc"'

State and local governments.

Reports. ' •'

Intellectual property. Contracts.

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 * firi^'3rr4^vrt^

Contracts.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/84

 101 STAT. 1070

PUBLIC LAW 100-180—DEC. 4, 1987

(d) FUNDING FOR FY88.—Of the amounts appropriated to the Defense Agencies for fiscal year 1988 for research, development, test, and evaluation, $100,000,000 may be obligated only to make grsuits under this section. 15 USC 4603. SEC. 273. ADVISORY COUNCIL (a) ESTABLISHMENT.—There is established the Advisory Council on Federal Participation in Sematech. 0)) FUNCTIONS.—(1) The Council shall advise Sematech and the Secretary of Defense on appropriate technology goals for the research and development activities of Sematech and a plan to achieve those goals. The plan shall provide for the development of highquality, high-yiela semiconductor manufacturing technologies that ''"'^' meet the national security and commercial needs of the United States. (2) The Council shall— (A) conduct an annual review of the activities of Sematech for the purpose of determining the extent of the progress made by Sematech in carrying out the plan referred to in paragraph (1); and (B) on the basis of its determinations under subparagraph (A), submit to Sematech any recommendations for modification of the plan or the technological goals in the plan considered appropriate by the Council. Reports. (3) The Council shall review the research activities of Sematech and shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives an annual report containing a description of the extent to which Sematech is achieving its research and development goals. (c) MEMBERSHIP.—Tbe Council shall be composed of 12 members as follows: (1) The Under Secretary of Defense for Acquisition, who shall be Ch£urman of the Council. (2) The Director of Energy Research of the Department of rt Energr. (3) The Director of the National Science Foundation. (4) The Under Secretary of Commerce for Economic Affairs. (5) The Chairman of the Federal Laboratory Consortium for Technology Transfer. President of U.S. (6) Seven members appointed by the President as follows: (A) Four members who are eminent individuals in the semiconductor industry and related industries. (B) Two members who are eminent individuals in the fields of technology and defense. (C) One member who represents small businesses. President of U.S. (d) TERMS OF MEMBERSHIP.—Each member of the Council appointed under subsection (c)(6) shall be appointed for a term of three years, except that of the members first appointed, two shall be appointed for a term of one year, two shall be appointed for a term of two ^ears, and three shall be appointed for a term of three years, as designated by the President at the time of appointment. A member of the Council may serve after the expiration of the member's term until a successor has taken office. (e) VACANCIES.—A vacancy in the Council shall not affect its powers but, in the case of a member appointed under subsection (c)(6), shall be filled in the same manner as the original appointment

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1071

was made. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. (f) QUORUM.—Seven members of the Council shall constitute a quorum. (g) MEETINGS.—The Council shall meet at the call of the Chairman or a majority of its members. (h) COMPENSATION.—(1) Each member of the Council shall serve without compensation. (2) While away from their homes or regular places of business in the performance of duties for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. (i) FEDERAL ADVISORY COMMITTEE ACT.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App. 2) shall not apply to the Council. SEC. 274. RESPONSIBILITIES OF THE COMPTROLLER GENERAL

15 USC 4604.

The Comptroller General of the United States shall— Reports. (1) review the annual reports of the auditor submitted to the Comptroller General in accordance with section 27203X4); and (2) transmit to the Committees on Armed Services of the Senate and the House of Representatives his comments of the accuracy and completeness of the reports and any additional comments on the report that the Comptroller General considers appropriate. SEC. 275. EXPORT OF SEMICONDUCTOR MANUFACTURING

15 USC 4605.

Any export of materials, equipment, and technology developed by Sematech in whole or in part with financial assistance provided under section 272(a) shall be subject to the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) and shall not be subject to the Arms Export Control Act. SEC. 276. PROTECTION OF INFORMATION

(a) FREEDOM OF INFORMATION ACT.—Section 552 of title 5, United States Code, shall not apply to information obtained by the Federal Government on a confidential basis under section 272(b)(5). (b) INTELLECTUAL PROPERTY.—Notwithstanding any other provision of law, intellectual property, trade secrets, and technical data owned and developed b:^ Sematech or any of the participants in Sematech may not be disclosed by any ofncer or employee of the Department of Defense except as provided in the provision included in the memorandum of understanding pursuant to section 272(b)(5). TITLE III—OPERATION AND MAINTENANCE PART A—AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. OPERATION AND MAINTENANCE FUNDING

(a) IN GENERAL.—(1) Funds are hereby authorized to be appropriated for fiscal year 1988 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, $21,540,728,000 ($21,367,928,000). For the Navy, $24,864,027,000 ($24,620,427,000).

15 USC 4606.

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 101 STAT. 1072

P U B U C LAW 100-180—DEC. 4, 1987

h9r-

For the Marine Corps, $1,887,466,000 ($1,875,066,000). ' ' For the Air Force, $20,730,084,000 ($20,452,384,000). B s For the Defense Agencies, $7,424,906,000 ($7,387,475,000). For the Army Reserve, $862,161,000 ($862,161,000). mt^t For the Naval Reserve, $947,559,000 ($940,754,000). For the Marine Corps Reserve, $70,254,000 ($68,984,000). &v« For the Air Force Reserve, $1,014,058,000 ($1,013,858,000). For the Army National Guard, $1,883,609,000 ($1,868,570,000). For the Air National Guard, $1,980,151,000 ($1,977,414,000). For the National Board for the Promotion of Rifle Practice, $4,099,000. For Defense Claims, $193,574,000. For the Court of Military Appeals, $3,461,000. For Environmental Restoration, Defense, $392,800,000. (2) Funds are hereby authorized to be appropriated for fiscal year 1989 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, $21,540,728,000. For the Navy, $24,864,027,000. For the Marine Corps, $1,887,466,000. For the Air Force, $20,730,084,000. For the Defense Agencies, $7,424,906,000. For the Army Reserve, $862,161,000. For the Naval Reserve, $947,559,000. For the Marine Corps Reserve, $70,254,000. mm '.'1*?i For the Air Force Reserve, $1,014,058,000. • ^ v. For the Army National Guard, $1,883,609,000. For the Air National Guard, $1,980,151,000. For the National Board for the Promotion of Rifle Practice, $4,099,000. ^^ For Defense Clauns, $193,574,000. For the Court of Military Appeals, $3,461,000. .d€B) K T gi 'T For Environmental Restoration, Defense, $392,800,000. Qji) GENERAL AUTHORIZATION FOR CONTINGENCIES.—There are

au-

thorized to be appropriated for each of fiscal years 1988 and 1989, in addition to the amounts authorized to be appropriated in subsection (a), such sums as may be necessary— (1) for unbudgeted increases in fuel costs; and (2) for unbudgeted increases as the result of inflation in the cost of activities authorized by subsection (a). SEC. 302. WORKING CAPITAL FUNDS

(a) FISCAL YEAR 1988.—Funds are hereby authorized to be appropriated for fiscal year 1988 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, $215,057,000 ($193,207,000). For the Navy Stock Fund, $346,700,000 ($329,400,000). For the Air Force Stock Fund, $259,707,000 ($226,007,000). For the Defense Stock Fund, $159,750,000 ($132,600,000). (b) FISCAL YEAR 1989.—Funds are hereby authorized to be appropriated for fiscal year 1989 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, $215,057,000. For the Navy Stock Fund, $346,700,000., ^^ * ^ ..

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1073

For the Air Force Stock Fund, $259,707,000. For the Defense Stock Fund, $159,750,000.

, ii

SEC. 303. LIMITATION ON THE USE OF OPERATION AND MAINTENANCE FUNDS TO PURCHASE INVESTMENT ITEMS

(a) IN GENERAL.—Purchases of an item during fiscal year 1988, 1989, or 1990 with a unit cost equal to or in excess of the investment item unit cost (as defined in subsection (b)) for such fiscal year may not be charged to appropriations made to the Department of Defense for operation and maintenance if purchases of such item during the previous fiscal year were chargeable to appropriations made to the Department of Defense for procurement. (b) INVESTMENT ITEM U N I T COST.—For purposes of subsection (a), the term "investment item unit cost" means— (1) with respect to fiscal year 1988 or 1989, $15,000; and (2) with respect to fiscal year 1990, $5,000. PART B—PROGRAM CHANGES, REQUIREMENTS, AND LIMITATIONS SEC. 311. AVAILABILITY OF UNITED STATES PRODUCTS AT DEFENSE PACKAGE STORES OVERSEAS

m.

(a) TREATMENT OF WINES.—(1) Chapter 147 of title 10, United States Code, is amended by adding at the end the following new section: "§ 2489. Overseas package stores: treatment of United States wines 10 USC 2489. "The Secretary of Defense shall ensure that each nonappropriated-fund activity engaged principally in selling alcoholic beverage products in a packaged form (commonly referred to as a 'package store') that is located at a military installation outside the United States shall give appropriate treatment with respect to wines produced in the United States to ensure that such wines are given, in general, an equitable distribution, selection, and price when compared with wines produced by the host nation.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "2489. Overseas package stores: treatment of United States wines.". (b) REGULATIONS DEADLINE.—The Secretary of Defense

shall pre- 10 USC 2489 scribe regulations to implement section 2489 of title 10, United note. States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act. SEC. 312. NONAPPROPRIATED-FUND BEER AND WINE PURCHASES

(a) PURCHASES FROM SOURCES WITHIN STATE.—Section 2488(a)(2) of title 10, United States Code, is amended by striking out "purchased for resale on a military installation located in the contiguous States". 0)) EFFECTIVE DATE.—The amendment made by subsection (a) 10 USC 2488 shall apply with respect to purchases of malt beverages and wine "ote. after the end of the 60-day period beginning on the date of the enactment of this Act. SEC. 313. PRICING AT COMMISSARY STORES

(a) IN GENERAL.—(1) Section 2486 of title 10, United States Code, is amended by adding at the end the following new subsection:

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Page:United States Statutes at Large Volume 101 Part 2.djvu/88

 101 STAT. 1074 Regulations.

PUBLIC LAW 100-180—DEC. 4, 1987

"(d) The Secretary of Defense shall prescribe regulations establishing uniformpricing policies for merchandise authorized for sale by this section. The policies in the regulations shall— "(1) require the establishment of a ssdes price of each item of merchandise at a level which will recoup the actual product cost of the item (consistent with this section and sections 2484 and 2685 of this title); and "(2) promote the lowest practical price of merchandise sold at commissary stores.". (2) The heading for section 2486 of such title is amended to read as follows: "§2486. Commissary stores: merchandise that may be sold; uniform surcharges and pricing". (3) The item relating to section 2486 in the table of sections at the beginning of chapter 147 of such title is amended to read as follows:

10 USC 2486 "°*®-

"2486. Commissary stores: merchandise that may be sold; uniform surcharges and pricing.". (b) R E G U L A T I O N S D E A D L I N E. — The Secretary of Defense shall pre-

scribe the regulations required by section 2486(d) of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act. (c) CONFORMING AMENDMENTS.—(1) Sections 4621 and 9621 of such title are each amended— (A) by striking out subsection (b); and (B) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (h), (c), (d), (e), (f), (g), and (h), respectively. SEC. 314. LIMITATION ON ARMY DEPOT MAINTENANCE FUNDING (a) FUNDING REQUIRED FOR ARMY DEPOT MAINTENANCE.—Of the

funds appropriated or otherwise made available to the Department of the Army for fiscal year 1988 for depot maintenance functions, not less than 60 percent shall be available for performance of depot maintenance functions performed by military and civilian personnel of the Department of Defense. 0)) DEVIATION AND REPORT.—(1) If the Secretary of the Army determines that the requirement of subsection (a) cannot be met, the Secretary may authorize a deviation from such requirement. If such a deviation is authorized, the Secretary shall promptly submit to the Committees OB. Armed Services of the Senate and the House of Representatives a report that— (A) fully describes and justifies the deviation from such requirement; ^) states the level of spending that will be achieved in lieu of the 60 percent required under subsection (a); and (C) includes a plan for meeting the same requirement with respect to funds appropriated or otherwise made available to the Department of the Army for fiscal year 1989. (2) The report shall be submitted as soon as possible after the Secretary authorizes a deviation under paragraph (!)• SEC. 315. CIVILIAN PERSONNEL MANAGEMENT (a)

PROHIBITION ON MANAGEMENT BY END-STRENGTH.—During

fiscal year 1988, the civilian personnel of the Department of Defense may not be managed on the basis of any constraint or limitation (known as an "end-strength") and the msmagement of such personnel during that fiscal year shall not be subject to any end-strength

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1075

on the number of such personnel who may be employed on the last day of such fiscal year. (b) WAIVER OF CIVIUAN PERSONNEL CEILINGS.—Section 115(b)(2) of

title 10, United States Code, shall not apply with respect to fiscal year 1988 or with respect to the appropriation of funds for that year. (c) REPORTS.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives quarterly reports on the obligation of funds appropriated for civilian personnel of the Department of Defense for fiscal year 1988. Each report shall include— (1) for each appropriation account, the amounts authorized and appropriated for such personnel for fiscal year 1988; and (2) for each appropriation account and for the entire Department— (A) the actual number of such personnel employed, and the amount of funds obligated for such personnel, as of the end of each fiscal year quarter described in the report; and (B) the projected number of such personnel to be emt ployed, and the amount of funds that will be obligated for such personnel, as of the end of fiscal year 1988. SEC. 316. REPORT ON OPERATING AND SUPPORT COSTS OF MAJOR WEAPONS SYSTEMS

(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the operating and support costs of major weapons systems of the Department of Defense. (b) MATTERS TO B E INCLUDED IN REPORT.—The Secretary shall include in the report required by subsection (a) the following: (1) An explanation of the reasons why there is a positive correlation between the increase in dollar value of major weapons systems of the Department of Defense and the increase in operating and support costs of the Department, including— (A) how or whether the programming and budget process has contributed to the relationship; and (B) how the relationship applies at more detailed levels. (2) An examination of the link between operating and support costs and readiness of the Department of Defense. (3) An examination of the feasibility of providing Congress an annual report on the operating and support costs of each major weapon system. (4) Identification of the specific budget accounts and appropriations which cover the operation and support costs for the major weapons systems. (5) An examination of the feasibility of treating the operation and support costs of each major weapon system as overhead of the weapon system, to be automatically included in the budget and appropriation for such weapon system. (c) DEADLINE.—The report required by subsection (a) shall be submitted no later than February 1, 1988. SEC. 317. REPORT ON EFFORTS TO MEASURE READINESS

(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of Department of Defense efforts to—

•:'

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 101 STAT. 1076

PUBLIC LAW 100-180—DEC. 4, 1987

'

(1) identify and measure readiness of the Department of Defense; and ^ (2) relate such identification and measurement to the budget process, (b) DEADLINE.—The report required by subsection (a) shall be submitted no later than February 1, 1988. Transportation.

Regulations.

SEC. 318. AUTHORITY TO PROVIDE FREE SHUTTLE SERVICE FOR MEMBERS AND FAMILIES IN ISOLATED AREAS

(a) AUTHORITY FOR TRANSPORTATION.—Subsection (a) of section 2632 of title 10, United States Code, is amended to read as follows: "(a)(1) Whenever the Secretary of the military department concerned determines that it is necessary for the effective conduct of the affairs of his department, the Secretary may provide the transportation described in paragraph (2). "(2) Transportation that may be provided under this subsection is assured and adequate transportation by motor vehicle or water carrier as follows: "(A) Transportation among places on a military installation (including any subinstallation of a military installation). . "(B) Transportation to and from their places of duty or
 * A«. J employment on a military installation for persons covered by

this subsection. "(C) Transportation to and from a military installation for persons covered by this subsection and their dependents, in the «; case of a military installation located in an area determined by the Secretary concerned not to be adequately served by regu'liiif larly scheduled, and timely, commercial or municipal mass transit services. "(D) Transportation to and from their places of employment for persons attached to, or employed in, a private plant that is manufacturing material for that department, but only during a war or a national emergency declared by Congress or the President. "(3) Except as provided under subsection (b)(3), transportation under this subsection shall be provided at reasonable rates of fare under regulations prescribed by the Secretary of Defense. "(4) Persons covered by this subsection, in the case of any military installation, are members of the armed forces, employees of the military department concerned, and other persons attached to that department who are assigned to or employed at that installation.". (b) WAIVER OF FARE REQUIREMENT.—Subsection (b) of such section is amended— (1) by striking out "(2)(A)" and inserting in lieu thereof "(2)"; (2) Vy striking out subparagraph (B) of paragraph (2) and inserting in lieu thereof the following: "(3) In providing transportation described in subsection (a)(2)(A) at any military installation, the Secretary concerned may not require a fare for the transportation of members of the armed forces if the transportation is incident to the performance of duty. In providing transportation described in subsection (a)(2)(C) to and from any military installation, the Secretary concerned (under regulations prescribed under sul»ection (a)(3)) may waive any requirement for a fare."; and (3) by redesignating subparagraph (C) at the end of such subsection as paragraph (4).

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1077

(c) TECHNICAL AND CONFORMING AMENDMENTS.—Subsection (b) of

such section is further amended— (1) in paragraph (1), by striking out "Transportation may not be provided under subsection (a)(2)" and inserting in Heu thereof "Transportation described in subparagraphs (B), (C), and (D) of subsection (a)(2) may not be provided"; (2) in paragraph (2) (as designated by subsection (b)(1)), by striking out "transportation at any military installation under subsection (a)(1)" and inserting in lieu thereof "transportation •i described in subsection (a)(2)(A) at any military installation"; and jj,. (3) in paragraph (4) (as designated by subsection (b)(3)), by striking out "subsection (a)(1)" and inserting in lieu thereof "subsection (a)". (d) DEADLINE FOR REGULATIONS.—Regulations to implement the 10 USC 2632 amendments to section 2632 of title 10, United States Code, made by ^°^this section shall be prescribed not later than 90 days after the date of the enactment of this Act. SEC. 319. OPERATION OF UNITED STATES ARMY SCHOOL OF THE AMERICAS

(a) IN GENERAL.—(1) Chapter 407 of title 10, United States Code, is amended by adding at the end the following new section: "§ 4415. United States Army School of the Americas lo USC 4415. "(a) The Secretary of the Army may operate the military education and training facility known as the United States Army School of the Americas. "(b) The School for the Americas shall be operated for the purpose of providing military education and training to military personnel of Central and South American countries and Caribbean countries. "(c) The fixed costs of operating and maintaining the School for the Americas may be paid from funds available for operation and maintenance of the Army. "(d) Tuition fees charged for personnel receiving military education and training from the school may not include the fixed costs of operating and maintaining the school.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "4415. United States Army School of the Americas.". (b) EFFECTIVE DATE.—Section 4415 of title

10, United States Code, 10 USC 4415 as added by subsection (a), shall take effect as of October 1, 1987. note. SEC. 320. AUTHORITY TO REPAIR AND MAINTAIN CERTAIN MEMORIALS Philippines. AND HISTORIC SITES ON THE ISLAND OF CORREGIDOR

(a) AUTHORITY.—The Secretary of Defense may repair and maintain memorial monuments and historic sites on the Island of Corregidor in the Republic of the Philippines which relate to involvement of the Armed Forces of the United States in the Philippines. 0)) FY88 AUTHORIZATION.—For the purpose described in subsection (a), the Secretary may use not more than $100,000 of the funds appropriated under section 301 for operation and maintenance of the Navy.

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 101 STAT. 1078

PUBLIC LAW 100-180—DEC. 4, 1987

SEC. 321. COMPTROLLER GENERAL STUDY OF CENSORSHIP OF STARS AND STRIPES NEWSPAPER

(a) STUDY.—The Comptroller General of the United States shall conduct a study of allegations of censorship by military commanders of the Department of Defense newspaper, Stars and Stripes. (b) REPORT.—The Comptroller General shall transmit to Congress a report on the results of such study not later than 90 days after the date of the enactment of this Act. Such report shall include the findings of the Comptroller General regarding the validity of the allegations and any recommendation concerning those allegations which the Comptroller General considers to be appropriate. SEC. 322. LIMITATION ON OPERATION OF EXISTING POSEIDON-CLASS SUBMARINE USS ANDREW JACKSON

ft-

Effective as of March 1, 1988, no funds appropriated to the Department of Defense for fiscal year 1988 or a prior year may be obligated or expended to overhaul, operate, maintain, or deploy the USS Andrew Jackson (SSBN 619). PART C—HUMANITARIAN AND OTHER ASSISTANCE SEC. 331. EXTENSION OF ASSISTANCE

'

^ ^. ' ' *

AUTHORIZATION

FOR

HUMANITARIAN

(a) AUTHORIZATION OF FUNDS.—There is authorized to be appropriated to the Department of Defense for fiscal year 1988 the sum of $13,000,000 for the purpose of providing transportation for humanitarian relief for persons displaced or who are refugees because of the invasion of Afghanistan by the Soviet Union. Of this sum, not more than $3,000,000 is authorized to be used for distribution of humanitarian relief supplies to the non-Communist resistance organizations at or near the border between Thailand and Cambodia. (h) 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 in this section to provide for (1) paying for administrative costs of providing the transportation described in subsection (a), and (2) the purchase or other acquisition of transportation assets for the distribution of relief supplies in the country of destination. (c) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF

t i ": c,

STATE.—Transportation provided with funds appropriated pursuant to the authorization in this section shall be under the direction of the Secretary of State. (d) MEANS OF TRANSPORTATION TO B E USED.—Transportation for

'^

humanitarian relief provided with funds appropriated pursuant to the authorization in this section shall be by the most economical commercial or military means available, unless the Secretary of State determines that it is in the national interest of the United States to use means other than the most economical available. Such means may include the use of aircraft and personnel of the reserve component of the Armed Forces. (e) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization in subsection (a) shall remain available until expended, to the extent provided in appropriations Acts. (f) REPORTS.—The Secretary of Defense shall submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1079

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, 1988. 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 this section and section 331 of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3856). (2) The number of scheduled and completed flights for purposes of providing humanitarian relief under this section and section 331 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. SEC. 332. EXTENSION AND CODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO TRANSPORT HUMANITARIAN RELIEF SUPPLIES TO FOREIGN COUNTRIES

(a) IN GENERAL.—Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section: "§ 402. Transportation of humanitarian relief supplies to foreign 10 USC 402. countries "(a) Notwithstanding any other provision of law, and subject to subsection (b), the Secretary of Defense may transport to any country, without charge, supplies which have been furnished by a nongovernmental source and which are intended for humanitarian assistance. Such supplies may be transported only on a space available basis. "(b)(1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that— "(A) the transportation of such supplies is consistent with the foreign policy of the United States; "(B) the supplies to be transported are suitable for humanitarian purposes and are in usable condition; "(C) there is a legitimate humanitarian need for such supplies by the people for whom they are intended; "(D) the supplies will in fact be used for humanitarian purposes; and "(E) adequate arrangements have been made for the distribution of such supplies in the destination country. "(2) The President shall establish procedures for making the President of U.S. determinations required under paragraph (1). Such procedures shall include inspection of supplies before acceptance for transport. "(3) It shall be the responsibility of the donor to ensure that supplies to be transported under this section are suitable for transport. "(c)(1) Supplies transported under this section may be distributed by an agency of the United States Government, a foreign government, an international organization, or a private nonprofit relief ^ M'5 organization. (2) Supplies transported under this section may not be distributed, directly or indirectly, to any individual, group, or organization engaged in a military or paramilitary activity.

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 101 STAT. 1080 Reports.

.S(f •

PUBLIC LAW 100-180—DEC. 4, 1987

"(d) At the end of each six-month period, the Secretary of State shall submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report identifying the origin, contents, destination, and disposition of all supplies transported under this section during such six-month period.". (b) CONFORMING AMENDMENTS.—(1) Section 401 of such title is amended— (A) by striking out the section heading and inserting in lieu thereof the following:

'Ms

"§ 401. Humanitarian and civic assistance provided in conjunction with military operations"; (B) in subsection (a)— (i) by inserting "(1)" after "(a)"; and (ii) by redesignating clauses (1) and (2) as clauses (A) and (B);and (C) by redesignating subsections (b) and (c) as paragraphs (2) and (3), respectively. (2) Section 402 of such title (as in effect on the day before the date of the enactment of this section) is amended— (A) by striking out the section heading; and (B) by designating the text following such heading as subsection (b). (3) Section 403 of such title is amended— (A) by striking out the section heading; (B) by redesignating subsection (a) as subsection (c)(l); and (C) by redesignating subsection (b) as paragraph (2). (4) Sections 404, 405, and 406 of such title are amended— (A) by striking out the section headings; and (B) by designating the text following such headings as subsections (d), (e), and (f), respectively. (5) Section 401 of such title (as amended by this subsection) is further amended by striking out "chapter" each place it appears and inserting in lieu thereof "section". (6) The chapter heading and table of sections at the beginning of such chapter are amended to read as follows:

"CHAPTER 20—HUMANITARIAN AND OTHER ASSISTANCE "Sec. "401. Humanitarian and civic assistance provided in conjunction with military y. V •..,,, f, operations. "402. Transportation of humanitarian relief supplies to foreign countries.". (c) CLERICAL AMENDMENTS.—The tables of chapters at the begin-

ning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle are each amended by striking out the item relating to chapter 20 and inserting in lieu thereof the following: "20. Humanitarian and other Assistance

10 USC 402 note.

401".

(d) FiRST REPORT DEADLINE.—The first report under section 402(d) of title 10, United States Code, as added by subsection (a), shall be submitted not more than six months after the date on which the most recent report was submitted under section 1540(e) of the

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1081

Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2638). TITLE IV—PERSONNEL AUTHORIZATIONS FOR FISCAL YEARS 1988 AND 1989 PART A—ACTIVE FORCES SEC. 401. END STRENGTHS FOR ACTIVE FORCES

(a) FISCAL YEAR 1988.—The Armed Forces are authorized strengths for active duty personnel as of September 30, 1988, as follows: (1) The Army, 780,900. (2) The Navy, 593,200. (3) The Marine Corps, 199,600. (4) The Air Force, 598,700. OJ) FISCAL YEAR 1989.—The Armed Forces are authorized strengths for active duty personnel as of September 30, 1989, in the same numbers as specified in subsection (a). SEC. 402. STRENGTH OF ACTIVE-DUTY OFFICER CORPS

(a) AUTHORITY TO INCREASE FOR FISCAL YEAR 1988.—Subject to sulDsection (b), the Secretary of Defense may increase by not more than 1 percentage point (to not more than 98 percent) the percentage limitation prescribed in section 403(a) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3859) applicable to the total number of commissioned officers of the Army, Navy, Air Force, and Marine Corps that may be serving on active duty as of September 30, 1988. (b) CERTIFICATION AND REPORT.—The Secretary may exercise the

authority under subsection (a) only if— (1) the Secretary makes a determination that such increase is necessary in order to avoid severe personnel management problems in the Army, Navy, Air Force, and Marine Corps during fiscal year 1988 and certifies such determination to the Committees on Armed Services of the Senate and the House of Representatives; and (2) the Secretary submits to those Committees with such certification a report providing legislative recommendations for temporary changes in chapter 36 of title 10, United States Code, and other provisions of law enacted by the Defense Officer Personnel Management Act (Public Law 96-513) that the Secretary considers necessary in order to implement the required officer reductions under such section 403 with the least possible adverse effect on the Armed Forces. (c) REALLOCATION OF REDUCTIONS.—(1) If the Secretary exercises

the authority under subsection (a)— (A) in lieu of the total number of commissioned officers serving on active duty as prescribed in the table in section 403(a) of the National Defense Authorization Act for Fiscal Year 1987, the total number of commissioned officers serving on active duty in the Army, Navy, Air Force, and Marine Corps as of September 30, 1989, may not exceed the number equal to 96 percent of the total numbier of such officers serving on active duty as of September 30, 1986; and (B) the total number of commissioned officers serving on active duty in the Army, Navy, Air Force, and Marine Corps as

10 USC 521 note.

ijt; au oi

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 101 STAT. 1082

PUBLIC LAW 100-180—DEC. 4, 1987

of September 30, 1990, may not exceed the number equal to 94 percent of the total number of such officers serving on active duty as of September 30, 1986. (2) In computing the authorized strength of commissioned officers under paragraph (1), officers in the categories described in section 403(b) of the National Defense Authorization Act for Fiscal Year 1987 shall be excluded. SEC. 403. REDUCTION IN AUTHORIZATION BASED ON SAVINGS

Amounts authorized to be appropriated for fiscal year 1988 for military personnel of the Department of Defense are reduced, by reason of savings attributable to reductions during fiscal year 1987 in the number of commissioned officers on active duty required by section 403(a) of National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661), as follows: (1) For "Military Personnel, Army", $49,438,000. (2) For "Military Personnel, Navy", $46,461,000. , (3) For "Military Personnel, Air Force", $50,057,000. (4) For "Military Personnel, Marine Corps", $9,080,000.

-

'

10 USC 261 note.

•

PART B—RESERVE FORCES

SEC. 411. END STRENGTHS FOR SELECTED RESERVE

(a) FISCAL YEAR 1988.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 1988, as follows: (1) The Army National Guard of the United States, 457,270. - (2) The Army Reserve, 324,300. (3) The Naval Reserve, 152,600. (4) The Marine Corps Reserve, 43,600. (5) The Air National Guard of the United States, 115,900. (6) The Air Force Reserve, 82,400. (7) The Coast Guard Reserve, 14,000. (b) FISCAL YEAR 1989.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 1989, in the same numbers as specified in subsection (a). (c) WAIVER AUTHORITY.—The Secretary of Defense may vary an end strength prescribed by subsection (a) or subsection (b) by not more than 4 percent. (d) ADJUSTMENTS.—The end strengths prescribed by subsections (a) and (b) 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. 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.

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1083

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES

Within the strengths prescribed in section 411, the reserve components of the Armed Forces are authorized, as of September 30, 1988, and as of September 30, 1989, the following number of Reserves to be serving on full-time active duty or, in the case of members of the National Guard, full-time National Guard duty for the purpose of lorganizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 25,725. (2) The Army Reserve, 13,329. (3) The Naval Reserve, 21,991. '^*k (4) The Marine Corps Reserve, 1,945. (5) The Air National Guard of the United States, 7,836. (6) The Air Force Reserve, 669. SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES (a) SENIOR ENUSTED MEMBERS.—(1) The table in section 517(b) of

title 10, United States Code, is amended to read as follows: "Grade E-9 E-8

Army 517 2,295

Navy 175 390

Air Force 125 425

Marine Corps 13 74".

(2) Effective on October 1, 1988, that table is amended to read as follows: "Grade E-9 E-8

Army 529 2,350

Navy 180 400

Air Force 150 425

Marine Corps 13 74".

(b) OFFICERS.—(1) The table in section 524(a) of such title is amended to read as follows: Grade Major or Lieutenant Commander Lieutenant Colonel or Commander Colonel or Navy Captain

Army 2,550 1,152 348

Navy 850 520 185

p^lc^, 575 322 184

"g^jg^ 105 70 25".

(2) Effective on October 1, 1988, that table is amended to read as lo use 524 note. follows:

91-194 O - 90 - 4: QL.3 Part 2

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 101 STAT. 1084

PUBLIC LAW 100-180—DEC. 4, 1987 "Grade

Major or Lieutenant Commander Lieutenant Colonel or Commander Colonel or Navy Captain

Army 2,600 1,250 348

Navy

875 520 185

^ ^

575 322 190

^ ^ ^

110 75 25'

PART C—MILITARY TRAINING STUDENT LOADS SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS

(a) IN GENERAL.—The components of the Armed Forces are authorized average military training student loads as follows: (1) The Army: (A) 82,503, for fiscal year 1988. •^ (B) 81,320, for fiscal year 1989. a^ (2) The Navy:

(A) 68,993,forfiscal year 1988. m (B) 70,044, for fiscal year 1989. (3) The Marine Corps: ? (A) 20,341, for fiscal year 1988. ^ ,; " (B) 19,873, for fiscal year 1989. ^ (4) The Air Force: '^^- '(A) 38,574, for fiscal year 1988. j (B) 39,972, for fiscal year 1989. q^g
 * y

(5) The Army National Guard of the United States: ,5-^ (A) 18,501, for fiscal year 1988. (B) 19,707, for fiscal year 1989. (6) The Army Reserve: , ^.,,-.,. ,..^ r« ® (A) 15,075, for fiscal year 1988. ^^-^^ •' ^ ':,4i.>. (B) 15,950, for fiscal year 1989. (7) The Naval Reserve: ... (A) 2,841, for fiscal year 1988. « (B) 2,841,forfiscal year 1989. (8) The Marine Corps Reserve: (A) 3,970, for fiscal year 1988. - ., ,,: (B) 3,977, for fiscal year 1989. (9) The Air National Guard of the United States:
 * . v

(A) 2,508, for fiscal year 1988. (B) 2,366, for fiscal year 1989. . =tr. ,,. > n,„', ® ^ (10) The Air Force Reserve: ';' v ^ /CX "";'^;1: r:.. ^ (A) 1,968,forfiscal year 1988. ^^^^^-«-' ' ^^ u4y..'^.m (B) 1,965, for fiscal year 1989. (b) ADJUSTMENTS.—The average military student loads authorized in subsection (a) shall be adjusted consistent with the end strengths authorized in parts A and B. The Secretary of Defense shall prescribe the manner in which such adjustment shall be apportioned. PART D—APPROPRIATION LIMITATION

rortlSSO&IJ 01

SEC. 431. LIMITATION ON APPROPRIATIONS FOR MILITARY PERSONNEL FOR FISCAL YEAR 1988

The total amount appropriated for military personnel of the Department of Defense for fiscal year 1988 may not exceed $77,491,000,000 ($77,109,000,000).

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 PUBLIC LAW 100-180—DEC. 4, 1987 Uli*

101 STAT. 1085

TITLE V—MILITARY PERSONNEL

SEC. 501. EXTENSION OF AUTHORITY TO MAKE TEMPORARY PROMOTIONS OF CERTAIN NAVY LIEUTENANTS

(a) TWO-YEAR EXTENSION.—Section 5721(f) of title 10, United States Code, is amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1989". ' ^ " ^* (b) SAVINGS PROVISION.—(1) The Secretary of the Navy shall pro- lo use 5721 vide, in the case of an officer appointed to the grade of lieutenant note. commander on or after the date of the enactment of this Act under an appointment described in paragraph (2), that the date of rank of such officer under that appointment shall be the date of rank that would have applied to the appointment had the authority referred to in that paragraph not lapsed. (2) An appointment referred to in paragraph (1) is an appointment under section 5721 of title 10, United States Code, that (as determined by the Secretary of the Navy) would have been made during the period beginning on October 1, 1987, and ending on the date of the enactment of this Act had the authority to make appointments under that section not lapsed during such period. SEC. 502. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT PROGRAMS (a) GRADE DETERMINATION AUTHORITY FOR RESERVE MEDICAL OFFI-

CERS.—Sections 3359(b) and 8359(b) of title 10, United States Code, are amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1989". (b) PROMOTION AUTHORITY FOR CERTAIN RESERVE OFFICERS SERVING ON ACTIVE DUTY.—(1) Sections 3380(d) and 8380(d) of such title

are amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1989'. (2) The Secretary of the Army or the Secretary of the Air Force, as appropriate, shall provide, in the case of a Reserve officer appointed to a higher reserve grade on or after the date of the enactment of this Act under an appointment described in paragraph (3), that the date of rank of such officer under that appointment shall be the date of rank that would have applied to the appointment had the authority referred to in that paragraph not lapsed. (3) An appointment referred to in paragraph (2) is an appointment under section 3380 or 8380 of title 10, United States Code, that (as determined by the Secretary concerned) would have been made during the period beginning on October 1, 1987, and ending on the date of the enactment of this Act had the authority to make appointments under that section not lapsed during such period.

10 USC 3380 note.

10 USC 3380 note.

(c) YEARS OF SERVICE FOR MANDATORY TRANSFER TO THE RETIRED

RESERVE.—Effective as of October 1, 1987, section 1016(d) of the Department of Defense Authorization Act, 1984 (10 U.S.C. 3360 note), is amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1989". SEC. 503. EXTENSION OF SINGLE-PARENT ENLISTMENT AUTHORITY IN RESERVE COMPONENTS

Section 523(d) of the National Defense Authorization Act for lo USC 5io note. Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3871) is amended by striking out "September 30, 1988" and inserting in lieu thereof "September 30, 1989".

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