104 STAT. 1688 PUBLIC LAW 101-510—NOV. 5, 1990 SEC. 1436. AIR NATIONAL GUARD AND AIR FORCE RESERVE AIRCRAFT (a) TRANSFER OF AIRCRAFT TO RESERVE COMPONENT.—The Secretary of the Air Force, by the transfer of aircraft from regular component squadrons to reserve component squadrons, shall ensure that on September 30, 1994— (1) the average number of aircraft assigned to a tanker aircraft squadron in the Air National Guard of the United States or the Air Force Reserve is equal to the average number of aircraft assigned to a tanker aircraft squadron in the regular component of the Air Force; (2) the average number of aircraft assigned to a fighter aircraft squadron in the Air National Guard of the United States or the Air Force Reserve is equal to the average number of aircraft assigned to a fighter aircraft squadron in the regular component of the Air Force; and (3) the average number of aircraft assigned to an airlift aircraft squadron in the Air National Guard of the United States or the Air Force Reserve is equal to the average number of aircraft assigned to an airlift aircraft squadron in the regular component of the Air Force. (b) WAIVER AUTHORITY.—(1) The Secretary of Defense may temporarily waive the requirement in subsection (a) with respect to a specific reserve component squadron if the Secretary determines that the squadron cannot operate the aircraft required to be transferred and that the transfer would be prejudicial to the national security of the United States. (2) Temporary waivers under paragraph (1) shall be made on a case-by-case basis. Such a waiver shall be for a period not to exceed one year, but may be renewed for an additional period of one year under the conditions specified in paragraph (1). SEC. 1437. P -3 AIRCRAFT (a) TRANSFER OF AIRCRAFT TO RESERVE COMPONENTS. —(1) The Secretary of the Navy, by the transfer of aircraft from regular component squadrons to reserve component squadrons, shall ensure that on September 30, 1996, the average number of aircraft assigned to a P-3 aircraft squadron in the Naval Reserve is equal to the average number of aircraft assigned to a P-3 aircraft squadron in the regular Navy. (2) The Secretary shall transfer no fewer than 32 P-3C aircraft pursuant to subsection (a). Qo) WAIVER AUTHORITY.—(1) The Secretary of Defense may temporarily waive the requirements in subsection (a) with respect to a specific reserve component squadron if the Secretary determines that— (A) the submarine threat presented by the Soviet Union has increased; and (B) the P-3B aircraft would be able to track and attack effectively the submarines that comprise the increase in the threat. (2) Temporary waivers under paragraph (1) shall be made on a case-by-case basis. Such a waiver shall be for a period not to exceed one year, but may be renewed for an additional period of one year under the conditions specified in paragraph (1). (c) PROHIBITION ON USE OF FUNDS.— Funds appropriated or otherwise made available for operation and maintenance for the Navy for
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