108 STAT. 2680 PUBLIC LAW 103-337—OCT. 5, 1994 Streamlining Act of 1994 (restating the authorities previously provided in section 2306(h) of such title). SEC. 112. TRANSFER TO MARINE CORPS OF MlAl TANKS REPLACED BY M1A2 UPGRADES. (a) IN GENERAL.— The Secretary of the Army shall transfer MlAl common tanks to the Marine Corps Reserve in accordance with this sectio.1. (b) NUMBER OF TANKS TO BE TRANSFERRED.—The number of tanks to be transferred to the Marine Corps Reserve under this section is the number (if greater than zero) equal to the difference between— (1) the number of M1A2 Abrams tank upgrades for which funds are authorized for fiscal year 1995 or (if lower) the number of such upgrades for which funds are appropriated for fiscal year 1995; and (2) the number of such upgrades requested in the budget of the President for fiscal year 1995. (c) TIMING FOR TRANSFERS. —Of the Ml tanks selected to be upgraded to the M1A2 configuration using funds provided for fiscal year 1995, the Secretary of the Army shall designate specific tanks, in the number of such tanks to be upgraded in excess of the number requested to be upgraded in the budget of the President, as constituting the additional M1A2 tank upgrades for which funds were provided in excess of the number requested in the budget. With respect to each such tank so designated, the Secretary may not accept delivery from the contractor of that tank until the Secretary has transferred to the Marine Corps Reserve one MlAl common tank (in addition to any previously transferred). SEC. 113. TRANSFER OF MlAl TANKS TO THE MARINE CORPS. (a) TRANSFERS AUTHORIZED.— AS MlAl tanks of the Army become excess to the requirements of the active component of the Army, the Secretary of the Army shall transfer to the Marine Corps 84 of such tanks selected by the Secretary of the Army to complete the requirements for tanks of the active component of the Marine Corps. Any such transfer shall be made at no expense to the Army. (b) LIMITATION ON TANK TRANSFERS TO ARMY NATIONAL GUARD.— After the date of the enactment of this Act, the Secretary of the Army may not transfer an MlAl tank to the Army National Guard until, with respect to that transfer, the Secretary has transferred a separate MlAl tank to the Marine Corps (in addition to any MlAl tanks previously transferred to the Marine Corps). The limitation in the preceding sentence shall remain in effect until the Secretary has transferred to the Marine Corps under this section the total number of tanks specified in subsection (a). (c) CONDITION OF TANKS.— The tanks transferred to the Marine Corps pursuant to this section shall be in a material condition comparable to the material condition of the tanks transferred to the National Guard. (d) TREATMENT OF CERTAIN TRANSFERRED TANKS UNDER LIMITATIONS. —Transfers of tanks under section 112 shall not be counted for purposes of this section.