National Defense Authorization Act for Fiscal Years 1992 and 1993
Public Law 102–190, as amended
National Defense Authorization Act for Fiscal Years 1992 and 1993
190
115-91
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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EN
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National Defense Authorization Act for Fiscal Years 1992 and 1993
Military Construction Authorization Act for Fiscal Year 1992
Missile Defense Act of 1991
Panama Canal Commission Authorization Act for Fiscal Year 1992
Warrant Officer Management Act
10656
102
1991-12-05
National Defense Authorization Act for Fiscal Years 1992 and 1993
[(P.L. 102–190, approved Dec. 5, 1991)]
[As Amended Through P.L. 115-91, Enacted December 12, 2017]
[Currency: This publication is a compilation of the text of Public Law 102–190. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
DIVISION A—

DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE II—

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
* * * * * * *
Part B—

PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
* * * * * * *
SEC. 216.

MANAGEMENT OF NAVY MINE COUNTERMEASURES PROGRAMS.
(a)

Responsibility.—
Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall have the primary responsibility for developing and testing naval mine countermeasures systems during fiscal years 1996 through 2011.
(b)

Waiver Authority.—
The Secretary of Defense may waive the requirement in subsection (a) with respect to any fiscal year if, coincident with the submission of the budget for that fiscal year, the Secretary certifies to the congressional defense committees that—
(1)
the Secretary of the Navy, in consultation with the Chief of Naval Operations and the Commandant of the Marine Corps, has submitted to the Secretary of Defense, and the Secretary of Defense has forwarded to the congressional defense committees, an updated mine countermeasures master plan that identifies—
(A)
technologies having promising potential for use for improving mine countermeasures; and
(B)
programs for advancing those technologies into production;
(2)
the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for that fiscal year and the future years defense program submitted to Congress in connection with that budget pursuant to section 221 of title 10, United States Code, propose sufficient resources for executing the updated mine countermeasures master plan and, by so certifying, ensures that the budget meets the requirements of section 2437 of title 10, United States Code;
(3)
the responsibilities of the Joint Requirements Oversight Council under subsections (b) and (d) of section 181 of title 10, United States Code, have been carried out with respect to the updated mine countermeasures master plan, the budget resources for mine countermeasures for that fiscal year, and the future years defense program for mine countermeasures; and
(4)
the Chairman of the Joint Chiefs of Staff has determined that the budget resources for mine countermeasures and the updated mine countermeasures master plan are sufficient.
(c)

Notification of Certain Proposed Changes.—
(1)

In general.—
With respect to a fiscal year, the Secretary may not carry out any change to the naval mine countermeasures master plan or the budget resources for mine countermeasures with respect to that fiscal year until after the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees a notification of the proposed change. Such notification shall describe the nature of the proposed change and the effect of the proposed change on the naval mine countermeasures program or related programs with respect to that fiscal year.
(2)

Exception.—
Paragraph (1) does not apply to a change if both—
(A)
the amount of the change is below the applicable reprogramming threshold; and
(B)
the effect of the change does not affect the validity of the decision to certify.
* * * * * * *
TITLE VII—

HEALTH CARE PROVISIONS
* * * * * * *
Part B—

Health Care Management
* * * * * * *
SEC. 722.
[10 U.S.C. 1073 note]

AUTHORIZATION FOR THE EXTENSION OF CHAMPUS REFORM INITIATIVE.
(a)

Authority.—
Upon the termination (for any reason) of the contract of the Department of Defense in effect on the date of the enactment of this Act under the CHAMPUS reform initiative established under section 702 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 1073 note), the Secretary of Defense may enter into a replacement or successor contract with the same or a different contractor and for such amount as may be determined in accordance with applicable procurement laws and regulations and without regard to any limitation (enacted before, on, or after the date of the enactment of this Act) on the availability of funds for that purpose.
(b)

Treatment of Limitation on Funds for Program.—
No provision of law stated as a limitation on the availability of funds may be treated as constituting the extension of, or as requiring the extension of, any contract under the CHAMPUS reform initiative that would otherwise expire in accordance with its terms.
* * * * * * *
Part C—

Miscellaneous
* * * * * * *
SEC. 734.
[10 U.S.C. 1074 note]

REGISTRY OF MEMBERS OF THE ARMED FORCES EXPOSED TO FUMES OF BURNING OIL IN CONNECTION WITH OPERATION DESERT STORM.
(a)

Establishment of Registry.—
The Secretary of Defense shall establish and maintain a special record (in this section referred to as the “Registry”) relating to the following members of the Armed Forces:
(1)
Members who, as determined by the Secretary, were exposed to the fumes of burning oil in the Operation Desert Storm theater of operations during the Persian Gulf conflict.
(2)
Any other members who served in the Operation Desert Storm theater of operations during the Persian Gulf conflict.
(b)

Contents of Registry.—
(1)
The Registry shall include—
(A)
with respect to each class of members referred to in each of paragraphs (1) and (2) of subsection (a)—
(i)
a list containing each such member's name and other relevant identifying information with respect to the member; and
(ii)
to the extent that data are available and inclusion of the data is feasible, a description of the circumstances of the member's service during the Persian Gulf conflict, including the locations in the Operation Desert Storm theater of operations in which such service occurred and the atmospheric and other environmental circumstances in such locations at the time of such service; and
(B)
with respect to the members referred to in subsection (a)(1), a description of the circumstances of each exposure of each such member to the fumes of burning oil as described in such subsection (a)(1), including the length of time of the exposure.
(2)
The Secretary shall establish the Registry with the advice of an independent scientific organization.
(c)

Reporting Requirement Relating to Exposure Studies.—
[Repealed by section 1031(c) of P.L. 108–136]
(d)

Medical Examination.—
Upon the request of any member listed in the Registry pursuant to subsection (a)(1), the Secretary of the military department concerned shall, if medically appropriate, furnish a pulmonary function examination and chest x-ray to such person.
(e)

Effective Date.—
The Secretary shall establish the Registry not later than 180 days after the date of the enactment of this Act.
(f)

Definitions.—
For purposes of this section:
(1)
The term “Operation Desert Storm” has the meaning given such term in section 3(1) of the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 (Public Law 102–25; 105 Stat. 77; 10 U.S.C. 101 note).
(2)
The term “Persian Gulf conflict” has the meaning given such term in section 3(3) of such Act.
* * * * * * *
TITLE IX—

DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Part A—

General Matters
* * * * * * *
Part C—

Intelligence Matters
SEC. 921.
[10 U.S.C. 201 nt]

DEFENSE INTELLIGENCE AGENCY.
(a)

Supervision.—
Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary of Defense referred to in section 138(b)(3) of title 10, United States Code, may during the period beginning on the date of the enactment of this Act and ending on January 1, 1993, be assigned supervision of the Defense Intelligence Agency but, notwithstanding any other provision of law, may not be assigned day-to-day operational control over the Defense Intelligence Agency.
(b)

Responsibilities of Director.—
Subject to the authority, direction, and control of the Secretary of Defense, the responsibilities of the Director of the Defense Intelligence Agency during the period beginning on the date of the enactment of this Act and ending on January 1, 1993, shall include the following:
(1)
Providing intelligence and intelligence support to—
(A)
the Secretary of Defense;
(B)
the Director of Central Intelligence;
(C)
the Chairman of the Joint Chiefs of Staff; and
(D)
the commanders of the unified and specified combatant commands.
(2)
Managing the General Defense Intelligence Program, including—
(A)
preparing, reviewing, and submitting to the Secretary of Defense and the Director of Central Intelligence the budget proposal for that program for any fiscal year; and
(B)
supervising the overall execution of the budgets and programs of all functional areas within the General Defense Intelligence Program, with emphasis on science and technology activities, human intelligence activities, and imagery activities.
(3)
Ensuring that the roles and authorities of the functional managers within the Defense Intelligence Agency are strong enough to ensure that those managers have a significant role in the preparation, review, approval, and supervision of the overall execution of the budgets and programs within their areas of responsibility.
The provision of substantive intelligence by the Director to the officers named in paragraph (1) shall not be subject to prior screening by any other official.
(c)

Transfer of Certain Activities To DIA.—
The Secretary of the Army and the Director of the Defense Intelligence Agency shall take all required actions, including transfer of all necessary resources, in order to transfer the Armed Forces Medical Intelligence Center and the Missile and Space Intelligence Center from the Department of the Army to the control of the Defense Intelligence Agency. Transfers pursuant to the preceding sentence shall be completed not later than January 1, 1992.
* * * * * * *
SEC. 923.
[10 U.S.C. 201 nt]

JOINT INTELLIGENCE CENTER.
(a)

Requirement for Center.—
The Secretary of Defense shall direct the consolidation of existing single-service current intelligence centers that are located within the District of Columbia or its vicinity into a joint intelligence center that is responsible for preparing current intelligence assessments (including indications and warning). The joint intelligence center shall be located within the District of Columbia or its vicinity. As appropriate for the support of military operations, the joint intelligence center shall provide for and manage the collection and analysis of intelligence.
(b)

Management.—
The center shall be managed by the Defense Intelligence Agency in its capacity as the intelligence staff activity of the Chairman of the Joint Chiefs of Staff.
(c)

Responsiveness to Command Authorities.—
The Secretary shall ensure that the center is fully responsive to the intelligence needs of the Secretary, the Chairman of the Joint Chiefs of Staff, and the commanders of the combatant commands.
SEC. 924.
[10 U.S.C. 113 nt]

DEPARTMENT OF DEFENSE USE OF NATIONAL INTELLIGENCE COLLECTION SYSTEMS.
(a)

Procedures for Use.—
The Secretary of Defense, after consultation with the Director of Central Intelligence, shall prescribe procedures for regularly and periodically exercising national intelligence collection systems and exploitation organizations that would be used to provide intelligence support, including support of the combatant commands, during a war or threat to national security.
(b)

Use in Joint Training Exercises.—
In accordance with procedures prescribed under subsection (a), the Chairman of the Joint Chiefs of Staff shall provide for the use of the national intelligence collection systems and exploitation organizations in joint training exercises to the extent necessary to ensure that those systems and organizations are capable of providing intelligence support, including support of the combatant commands, during a war or threat to national security.
(c)

Report.—
Not later than May 1, 1992, the Secretary of Defense and the Director of Central Intelligence shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a joint report—
(1)
describing the procedures prescribed under subsection (a); and
(2)
stating the assessment of the Chairman of the Joint Chiefs of Staff of the performance in joint training exercises of the national intelligence collection systems and the Chairman's recommendations for any changes that the Chairman considers appropriate to improve that performance.
TITLE X—

GENERAL PROVISIONS
* * * * * * *
Part D—

Matters Related to Allies and Other Nations
* * * * * * *
SEC. 1046.
[22 U.S.C. 1928 note]

DEFENSE COST-SHARING.
(a)

Defense Cost-Sharing Agreements.—
(1)
The President shall consult with the foreign nations described in paragraph (2) to seek to achieve, within 12 months after the date of the enactment of this Act, an agreement on equitable defense cost-sharing with each such nation.
(2)
The foreign nations referred to in paragraph (1) are—
(A)
each member nation of the North Atlantic Treaty Organization (other than the United States); and
(B)
every other foreign nation with which the United States has a bilateral or multilateral defense agreement that provides for the assignment of combat units of the Armed Forces of the United States to permanent duty in the nation or the placement of combat equipment of the United States in the nation.
(3)
Each defense cost-sharing agreement entered into under paragraph (1) should provide that the foreign nation agrees to share equitably with the United States, through cash compensation or in-kind contributions, or a combination thereof, the costs to the United States that arise solely from the implementation of the provisions of the bilateral or multilateral defense agreement with that nation.
(b)

Exception.—
The provisions of subsection (a) shall not apply to those foreign nations that receive assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763) relating to the foreign military financing program or under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) relating to the Economic Support Fund.
(c)

Consultations.—
In conducting the consultations required under subsection (a), the President should make maximum feasible use of the Department of Defense and the post of Ambassador-at-Large created by section 8125(c) of the Department of Defense Appropriations Act, 1989 (10 U.S.C. 113 note).
(d)

Allies Mutual Defense Payments Account.—
The Secretary of Defense shall maintain an accounting for defense cost-sharing under each agreement entered into with a foreign nation pursuant to subsection (a). The accounting shall show for each foreign nation the amount and nature of the—
(1)
cost-sharing contributions agreed to by the nation;
(2)
cost-sharing contributions delivered by the nation;
(3)
additional contributions by the nation to any commonly funded multilateral programs providing for United States participation in the common defense;
(4)
contributions by the United States to any such commonly funded multilateral programs;
(5)
contributions of all other nations to any such commonly funded multilateral programs; and
(6)
costs to the United States that arise solely from the implementation of the provisions of the bilateral or multilateral defense agreement with the nation.
* * * * * * *
Part G—

MISCELLANEOUS MATTERS
* * * * * * *
SEC. 1082.
[50 U.S.C. 401 note]

DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES PERSONNEL OF THE COLD WAR, THE KOREAN CONFLICT, AND THE VIETNAM ERA.
(a)

Public Availability of Information.—
(1)
Except as provided in subsection (b), the Secretary of Defense shall, with respect to any information referred to in paragraph (2), place the information in a suitable library-like location within a facility within the National Capital region for public review and photocopying.
(2)
Paragraph (1) applies to any record, live-sighting report, or other information in the custody of the official custodian referred to in subsection (d)(3) that may pertain to the location, treatment, or condition of (A) United States personnel who remain not accounted for as a result of service in the Armed Forces or other Federal Government service during the Korean conflict, the Vietnam era, or the Cold War, or (B) their remains.
(b)

Exceptions.—
(1)
The Secretary of Defense may not make a record or other information available to the public pursuant to subsection (a) if—
(A)
the record or other information is exempt from the disclosure requirements of section 552 of title 5, United States Code, by reason of subsection (b) of that section; or
(B)
the record or other information is in a system of records exempt from the requirements of subsection (d) of section 552a of such title pursuant to subsection (j) or (k) of that section.
(2)
The Secretary of Defense may not make a record or other information available to the public pursuant to subsection (a) if the record or other information specifically mentions a person by name unless—
(A)
in the case of a person who is alive (and not incapacitated) and whose whereabouts are known, that person expressly consents in writing to the disclosure of the record or other information; or
(B)
in the case of a person who is dead or incapacitated or whose whereabouts are unknown, a family member or family members of that person determined by the Secretary of Defense to be appropriate for such purpose expressly consent in writing to the disclosure of the record or other information.
(3)
(A)
The limitation on disclosure in paragraph (2) does not apply in the case of a person who is dead or incapacitated or whose whereabouts are unknown if the family member or members of that person determined pursuant to subparagraph (B) of that paragraph cannot be located by the Secretary of Defense—
(i)
in the case of a person missing from the Vietnam era, after a reasonable effort; and
(ii)
in the case of a person missing from the Korean Conflict or Cold War, after a period of 90 days from the date on which any record or other information referred to in paragraph (2) is received by the Department of Defense for disclosure review from the Archivist of the United States, the Library of Congress, or the Joint United States-Russian Commission on POW/MIAs.
(B)
Paragraph (2) does not apply to the access of an adult member of the family of a person to any record or information to the extent that the record or other information relates to that person.
(C)
The authority of a person to consent to disclosure of a record or other information for the purposes of paragraph (2) may be delegated to another person or an organization only by means of an express legal power of attorney granted by the person authorized by that paragraph to consent to the disclosure.
(c)

Deadlines.—
(1)
In the case of records or other information originated by the Department of Defense, the official custodian shall make such records and other information available to the public pursuant to this section not later than January 2, 1996. Such records or other information shall be made available as soon as a review carried out for the purposes of subsection (b) is completed.
(2)
Whenever, a department or agency of the Federal Government receives any record or other information referred to in subsection (a) that is required by this section to be made available to the public, the head of that department or agency shall ensure that such record or other information is provided to the Secretary of Defense, and the Secretary shall make such record or other information available in accordance with subsection (a) as soon as possible and, in any event, not later than one year after the date on which the record or information is received by the department or agency of the Federal Government.
(3)
If the Secretary of Defense determines that the disclosure of any record or other information referred to in subsection (a) by the date required by paragraph (1) or (2) may compromise the safety of any United States personnel referred to in subsection (a)(2) who remain not accounted for but who may still be alive in captivity, then the Secretary may withhold that record or other information from the disclosure otherwise required by this section. Whenever the Secretary makes a determination under the preceding sentence, the Secretary shall immediately notify the President and the Congress of that determination.
(d)

Definitions.—
For purposes of this section:
(1)
The terms “Korean conflict” and “Vietnam era” have the meanings given those terms in section 101 of title 38, United States Code.
(2)
The term “Cold War” means the period from the end of World War II to the beginning of the Korean conflict and the period from the end of the Korean conflict to the beginning of the Vietnam era.
(3)
The term “official custodian” means—
(A)
in the case of records, reports, and information relating to the Korean conflict or the Cold War, the Archivist of the United States; and
(B)
in the case of records, reports, and information relating to the Vietnam era, the Secretary of Defense.
SEC. 1083.
[10 U.S.C. 113 note]

FAMILY SUPPORT CENTER FOR FAMILIES OF PRISONERS OF WAR AND PERSONS MISSING IN ACTION.
(a)

Request for Establishment.—
The President is authorized and requested to establish in the Department of Defense a family support center to provide information and assistance to members of the families of persons who at any time while members of the Armed Forces were classified as prisoners of war or missing in action in Southeast Asia and who have not been accounted for. Such a support center should be located in a facility in the National Capital region.
(b)

Duties.—
The center should be organized and provided with such personnel as necessary to permit the center to assist family members referred to in subsection (a) in contacting the departments and agencies of the Federal Government having jurisdiction over matters relating to such persons.
SEC. 1084.

DISPLAY OF POW/MIA FLAG.
[Repealed by section 1082(j) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1918). Provisions relating to the display of the POW/MIA flag can now be found in section 902 of title 36, United States Code.]
* * * * * * *
DIVISION B—

MILITARY CONSTRUCTION AUTHORIZATIONS
* * * * * * *
TITLE XXVIII—

GENERAL PROVISIONS
* * * * * * *
part B—

Defense Base Closure and Realignment
* * * * * * *
SEC. 2825.
[10 U.S.C. 2687 note]

DISPOSITION OF FACILITIES OF DEPOSITORY INSTITUTIONS ON MILITARY INSTALLATIONS TO BE CLOSED.
(a)

Authority to Convey Facilities.—
(1)
Subject to subsection (c) and notwithstanding any other provision of law, the Secretary of the military department having jurisdiction over a military installation being closed pursuant to a base closure law may convey all right, title, and interest of the United States in a facility located on that installation to a depository institution that—
(A)
conducts business in the facility; and
(B)
constructed or substantially renovated the facility using funds of the depository institution.
(2)
In the case of the conveyance under paragraph (1) of a facility that was not constructed by the depository institution but was substantially renovated by the depository institution, the Secretary shall require the depository institution to pay an amount determined by the Secretary to be equal to the value of the facility in the absence of the renovations.
(b)

Authority to Convey Land.—
As part of the conveyance of a facility to a depository institution under subsection (a), the Secretary of the military department concerned shall permit the depository institution to purchase the land upon which that facility is located. The Secretary shall offer the land to the depository institution before offering such land for sale or other disposition to any other entity. The purchase price shall be not less than the fair market value of the land, as determined by the Secretary.
(c)

Limitation.—
The Secretary of a military department may not convey a facility to a depository institution under subsection (a) if the Secretary determines that the operation of a depository institution at such facility is inconsistent with the redevelopment plan with respect to the installation.
(d)

Base Closure Law Defined.—
For purposes of this section, the term “base closure law” means the following:
(1)
The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 104 Stat. 1808; 10 U.S.C. 2687 note).
(2)
Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 102 Stat. 2627; 10 U.S.C. 2687 note).
(3)
Section 2687 of title 10, United States Code.
(4)
Any other similar law enacted after the date of the enactment of this Act.
(e)

Depository Institution Defined.—
For purposes of this section, the term “depository institution” has the meaning given that term in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)).
* * * * * * *
DIVISION C—

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
* * * * * * *
TITLE XXXI—

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Part C—

MISCELLANEOUS
* * * * * * *
SEC. 3132.
[42 U.S.C. 7274e]

SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a)

Establishment.—
The Secretary of Energy shall conduct a scholarship and fellowship program for the purpose of enabling individuals to qualify for employment in environmental restoration and waste management positions in the Department of Energy. The scholarship and fellowship program shall be known as the “Marilyn Lloyd Scholarship and Fellowship Program”.
(b)

Eligibility.—
To be eligible to participate in the scholarship and fellowship program, an individual must—
(1)
be accepted for enrollment or be currently enrolled as a full-time student at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965);
(2)
be pursuing a program of education that leads to an appropriate higher education degree in a qualifying field of study, as determined by the Secretary;
(3)
sign an agreement described in subsection (c);
(4)
be a citizen or national of the United States or be an alien lawfully admitted to the United States for permanent residence; and
(5)
meet such other requirements as the Secretary prescribes.
(c)

Agreement.—
An agreement between the Secretary and a participant in the scholarship and fellowship program established under this section shall be in writing, shall be signed by the participant, and shall include the following provisions:
(1)
The Secretary's agreement to provide the participant with educational assistance for a specified number of school years (not exceeding 5) during which the participant is pursuing a program of education in a qualifying field of study. The assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend.
(2)
The participant's agreement (A) to accept such educational assistance, (B) to maintain enrollment and attendance in the program of education until completed, (C) while enrolled in such program, to maintain satisfactory academic progress as prescribed by the institution of higher education in which the participant is enrolled, and (D) after completion of the program of education, to serve as a full-time employee in an environmental restoration or waste management position in the Department of Energy for a period of 12 months for each school year or part thereof for which the participant is provided a scholarship or fellowship under the program established under this section.
(d)

Repayment.—
(1)
Any person participating in a scholarship or fellowship program established under this section shall agree to pay to the United States the total amount of educational assistance provided to the person under the program, plus interest at the rate prescribed by paragraph (4), if the person—
(A)
does not complete the course of education as agreed to pursuant to subsection (c), or completes the course of education but declines to serve in a position in the Department of Energy as agreed to pursuant to subsection (c); or
(B)
is voluntarily separated from service or involuntarily separated for cause from the Department of Energy before the end of the period for which the person has agreed to continue in the service of the Department of Energy.
(2)
If an employee fails to fulfill his agreement to pay to the Government the total amount of educational assistance provided to the person under the program, plus interest at the rate prescribed by paragraph (4), a sum equal to the amount of the educational assistance (plus such interest) is recoverable by the Government from the person or his estate by—
(A)
in the case of a person who is an employee, setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(B)
such other method as is provided by law for the recovery of amounts owing to the Government.
(3)
The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
(4)
For purposes of repayment under this section, the total amount of educational assistance provided to a person under the program shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)).
(e)

Preference for Cooperative Education Students.—
In evaluating applicants for award of scholarships and fellowships under the program, the Secretary of Energy may give a preference to an individual who is enrolled in, or accepted for enrollment in, an educational institution that has a cooperative education program with the Department of Energy.
(f)

Coordination of Benefits.—
A scholarship or fellowship awarded under this section shall be taken into account in determining the eligibility of the student for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(g)

Award of Scholarships and Fellowships.—
(1)
Subject to paragraph (2), the Secretary shall award at least 20 scholarships (for undergraduate students) and 20 fellowships (for graduate students) during fiscal year 1992.
(2)
The requirement to award 20 scholarships and 20 fellowships under paragraph (1) applies only to the extent there is a sufficient number of applicants qualified for such awards.
(h)

Report to Congress.—
Not later than January 1, 1993, the Secretary of Energy shall submit to Congress a report on activities undertaken under the program and recommendations for future activities under the program.
(i)

Funding.—
Of the funds authorized to be appropriated pursuant to section 3101(9)(B), $1,000,000 may be used for the purpose of carrying out this section.
* * * * * * *