101st Congress > House > Vote 860
Clerk session vote number: 517
Description: NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1991
Bill summary: National Defense Authorization Act for Fiscal Year 1991 -
Division A: Department of Defense Authorizations - Title I: Procurement - Part A: Funding Authorizations
- Authorizes appropriations for FY 1991 for the Army, Navy, Marine Corps, and Air Force for the procurement of aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Authorizes appropriations for such fiscal year for the defense agencies, the Defense Inspector
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General, the reserve components for procurement, and for the destruction of lethal chemical weapons under the chemical demilitarization program.
Authorizes the Secretary of the military department concerned to use funds appropriated for FY 1991 to enter into multiyear procurement contracts for specified defense programs.
Repeals certain procurement and research and development (R&D) authorizations under the National Defense Authorization Act for Fiscal Years 1988 and 1989.
Part B: B-2 Aircraft Programs
- Limits the amount of Air Force procurement funds under this Act that may be obligated for procurement of B-2 aircraft.
Part C: Other Strategic Programs
- Prohibits FY 1991 Air Force procurement funds from being obligated for the SRAM II missile program until the Secretary of Defense makes certain certifications to the Congress concerning the testing of such program.
Prohibits funds appropriated pursuant to this or any other Act from being obligated or expended for site preparation or construction for the Ground-Wave Emergency Network until the Secretary undertakes a certain study and follow-up report with recommendations with respect to such system.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to revise the estimate date of the air defense penetration capabilities of the Soviet Union.
Prohibits FY 1990 Air Force missile procurement funds from being obligated or expended for the MX Rail Garrison program. Directs the Secretary to report to the Congress on alternative MX missile test plans.
Limits the amount of Air Force missile procurement funds that may be available for advance procurement of the Advanced Cruise Missile until the Defense Acquisition Board and the Secretary make certain determinations and certifications.
Limits the obligation of funds for the KC-135R tanker aircraft re-engining modification program until the Secretary conducts a reassessment of such program and reports his results to the Senate and House Armed Services Committees (the defense committees).
Part D: Army Programs
- Places certain limitations on the following Army programs: (1) the ADATS air missile defense program; (2) the M-1 Abrams tank program; and (3) procurement of AHIP Scout helicopters. Directs the Secretary of the Army to provide 24 CH-47 aircraft to the Army National Guard.
Part E: Navy and Marine Corps Programs
- Earmarks specified Navy funds for the following programs: (1) the A-12 aircraft; (2) the V-22 aircraft; (3) procurement of M1A1 main battle tanks; (4) MH-53 minesweeper helicopters; (5) AH-1W helicopters; and (6) laboratory equipment for Navy industrial-funded activities. Directs the Secretary of the Navy to establish an A-12 review committee to submit quarterly reports concerning such program.
Part F: Nonstrategic Air Force Programs
- Earmarks specified Air Force funds for the C-17 aircraft program (with specified limitations) and for the re-engining of certain Air Force reconnaissance aircraft. Prohibits any funds from being obligated for: (1) the TACIT Rainbow system; and (2) the procurement of the chemical-biological collective protection systems.
Part G: Chemical Munitions
- Requires certain new assessments and estimates to be included in an annual report on the safety of the chemical weapons stockpile (the chemical weapons demilitarization program). Authorizes the Secretary, in connection with the chemical weapons stockpile disposal program, to make grants to assist States and local governments in carrying out functions related to emergency preparedness and response in connection with such disposal.
Directs the Secretary to develop and report to the defense committees a plan of the steps the Department of Defense (DOD) would take if the chemical weapons stockpile of the United States began an accelerated rate of deterioration before a full-scale disposal capability is developed.
Part H: Other Programs
- Terminates the 155-millimeter nuclear projectile program and the Follow-on-to-Lance program. Limits the use of funds, requires certain production decisions, and requires a modernization program with respect to electronic warfare procurement.
Title II: Research, Development, Test, and Evaluation - Part A: Authorizations
- Authorizes appropriations for FY 1991 for the armed forces and the defense agencies for R&D. Earmarks a specified amount of such funds for basic research and exploratory development projects.
Part B: Program Requirements, Restrictions, and Limitations
- Earmarks specified R&D funds for the V-22 Osprey aircraft program.
Directs the Secretary of the Army to: (1) establish a technical demonstration program for Army combat helicopters; and (2) prescribe an acquisition plan for the procurement of an armored gun system.
Directs the Secretary of the Air Force to complete certain phases and processes in connection with the Advanced Tactical Fighter.
Directs the Secretary of the Navy to retire certain fleet electronic warfare support aircraft and acquire certain replacement aircraft for such support.
Authorizes the use of Air Force funds for an additional Titan IV launch facility only if used to convert an existing facility at Vandenberg Air Force Base, California.
Directs the Secretary to develop and carry out a plan for a system other than, and in place of, the current MILSTAR communications satellite system in order to meet requirements for an advanced communications satellite relay system. Provides funding limitations and certain transfer authorities.
Prohibits the Secretary from testing the Mid-Infrared Advanced Chemical Laser transmitter and associated optics against an object in space during 1991 unless specifically authorized by law.
Part C: Strategic Defense Initiative
- States that funds may be obligated or expended for the Strategic Defense Initiative (SDI) for only the following program elements: (1) Phase I defenses; (2) limited protection systems; (3) theater and ATBM defenses; (4) follow-on systems; and (5) research and support activities. Outlines programs, projects, and activities to be included in each program element. Provides funding limitations for each element.
Outlines limitations on the use of DOD funds for FY 1991 or earlier for the development and testing of anti-ballistic missile systems or components. Prohibits the use of such funds for a strategic defense system or a program, project, or activity of SDI.
Prohibits the use of FY 1991 R&D funds for full-scale development of the Boost Surveillance and Tracking System. Directs the Secretary to transfer such system to the Air Force.
Expresses the sense of the Congress that specified FY 1991 SDI funds should be utilized to develop anti-tactical ballistic missile systems to counter threats against U.S. air defenses. Requires the Army, Navy, and Marine Corps to be involved in developmental programs in this regard. Endorses a current cooperative R&D program between the United States and Israel to develop the Arrow Tactical Missile Program. Obligates specified funds for such Program and the Patriot II ATBM Development Program.
Part D: Strategic Programs
- Limits FY 1991 DOD funding for the intercontinental ballistic missile (ICBM) program and the MX Rail garrison and the small ICBM program under the ICBM program. Expresses the sense of the Congress with respect to such programs.
Commends the President for proposing a restraint on the flight testing of depressed trajectory and other short-time ballistic missiles and expresses disappointment that the Soviet Union has not agreed to do so. Urges the President to continue such restraint.
Part E: Other Matters
- Directs the Secretary to submit annually to the Congress a report on R&D conducted by DOD with respect to biological defense.
Earmarks specified R&D funds for the construction of a facility for collaborative research and training for medical personnel within DOD. Outlines fund use requirements.
Earmarks specified R&D funds for: (1) establishing an institute for advanced science and technology; and (2) support of advanced research projects.
Directs the Comptroller General to conduct a review of competitive procedures used in procuring computers and software for use in DOD to determine if such solicitations provide any barriers to full and open competition for U.S. computer suppliers. Requires study results to be reported to the defense committees.
Establishes the Commission on the Consolidation and Conversion of Defense Research and Development Laboratories to conduct a study to determine the feasibility and desirability of various means to improve the operation of DOD laboratories. Terminates the Commission 90 days after submission of its final report to the Secretary.
Directs the Secretary, on a continuing basis, to: (1) identify actions which DOD can take to increase the capabilities of U.S. educational institutions in scientific, mathematics, and engineering skills necessary to meet the long-term national defense needs of the United States; and (2) establish and conduct programs to carry out such actions. Requires the Secretary to designate an individual to assist the Secretary in carrying out such responsibilities.
Authorizes the Secretary to carry out a program for awarding grants to students enrolled or accepting enrollment as undergraduates or graduate students in scientific and engineering disciplines critical to the national security functions of DOD. Directs the Secretary to give priority in the awarding of such grants to women and minority students.
Requires the Secretary to establish no less than two programs for awarding grants to public colleges or universities for the improvement of undergraduate or graduate education in scientific disciplines critical to the national security functions of DOD. Requires the Secretary to give priority to programs which stimulate interest of women and minorities in such areas or educational endeavor.
Authorizes each defense laboratory director to enter into one or more education partnership agreements with public school systems, colleges, and universities to encourage and enhance study in scientific disciplines at all levels of education. Outlines partnership agreement provisions. Requires the directors to establish, in association with such programs, cooperative work-education programs for undergraduate and graduate students. Outlines work-education program provisions.
Directs the Secretary to transmit to the Director of the Office of Science and Technology Policy the Secretary's determinations regarding actions which DOD may take to improve education in the scientific, mathematics and engineering skills necessary to meet the long-term national defense needs.
Directs the Secretary to establish a DOD office in Japan to facilitate a cooperative effort for the development of technologies of interest to DOD.
Earmarks specified funds for making grants for studies and analyses by emigrants from the Soviet Union, the countries of Eastern Europe, and Cuba regarding political, social, and economic developments in those countries.
Title III: Operation and Maintenance - Part A: Authorization of Appropriations
- Authorizes appropriations for FY 1991 for operation and maintenance expenses for the armed forces, the defense agencies, the reserves and National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities--defense, the Court of Military Appeals, environmental restoration--defense, and for humanitarian assistance. Authorizes appropriations for such fiscal year for unbudgeted increases for fuel costs and those necessitated as the result of inflation.
Authorizes appropriations for FY 1991 for working capital within DOD.
States as the purpose of the humanitarian assistance program to provide transportation and humanitarian relief for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Authorizes the Secretary to transfer funds to the Secretary of State for the purpose of providing such assistance. Requires transportation for such assistance, by the most economical means possible, to be under the direction of the Secretary of State.
Earmarks some of the funds provided for the 1990 Goodwill Games for the Winter World Series Torch Run and the 1991 Freestyle World Championships.
Authorizes the use of Army operation and maintenance funds for the acquisition of clothing under the extended cold weather clothing system.
Part B: Limitations
- Prohibits the Secretary from incurring obligations against DOD stock funds in FY 1991 in excess of 80 percent of the sales from such funds during that fiscal year, except in cases of national security needs.
Prohibits the management of DOD civilian personnel by end strengths during FY 1991.
Part C: Changes to Existing Law
- Provides military commissary privileges for: (1) Ready Reservists who perform annual training in either a pay or non-pay status; and (2) reservists who have completed all the requirements for receipt of retired pay at age 60, but who are no longer in the Selected Reserve. Authorizes the latter to use all morale, welfare, and recreational facilities of DOD available to active-duty personnel.
Requires the Secretary to establish guidelines for future reductions in the number of DOD civilian employees who are employed by industrial- or commercial-type activities. Requires each agency or component of DOD to include in its budget submission a five-year master plan concerning such employees, as well as certain other information. Allows deviations from the master plan in cases of national security. Prohibits a DOD agency or component that employs such individuals from implementing involuntary reductions or furloughs of such personnel until a congressional notification requirement has been met.
Requires the Secretary to issue a single, uniform policy on the management of inventory items of DOD. Requires personnel evaluations for acquisition personnel within DOD to include consideration of efforts to eliminate wasteful practices and achieve cost savings in the acquisition and management of inventory items.
Expands the types of food that may be donated by DOD to charitable organizations to include dining hall food, ready-to-eat meals, and other food that would otherwise be destroyed as unusable. (Currently, only commissary store food is authorized.)
Expands the authority of the Secretary of a military department to exchange items not needed by the armed forces to include exchanges in return for search, salvage, and restoration services which benefit the historical collections of the armed forces.
Authorizes the Secretary to prescribe regulations allowing unified combatant commanders to provide government transportation to military and civilian personnel and their dependents in areas outside the United States when public or private transportation is unsafe or unavailable.
Authorizes the commercial sale of recordings of military bands and the crediting of such to appropriations used to pay band expenses.
Prohibits funds from being appropriated for expenses connected with any program conducted by the Army to promote marksmanship among civilians. Provides, in lieu, that funds may be provided to pay the costs of such program, but must be fully recovered through the use of fees charged to civilians participating in the program. Abolishes the Army's role in the construction of rifle ranges for civilian rifle practice. Requires the sales of Army rifles and ammunition to civilians to be for fair market value. Eliminates the annual authorization of appropriations for incidental expenses of the National Board for the Promotion of Rifle Practice. Allows all current rifle ranges constructed with funds provided by the United States to be used jointly by military and civilian individuals.
Authorizes the Secretary of the Navy to provide for the sale of goods and services from ships' stores to members of the naval service and to such other persons as provided by law. Directs the Secretary to report to the Congress reviewing the operation of all ships' stores and recommending appropriate improvements.
Authorizes the Secretary of the Air Force to fund and operate the Inter-American Air Forces Academy.
Amends the Demonstration Cities and Metropolitan Development Act of 1966 to expand the homeowners' assistance program under such Act to include employees of a nonappropriated fund instrumentality adversely affected by military base or installation closures. Includes in such coverage civilian employees serving overseas and entitled to reemployment with the Government due to a base or installation closure.
Part D: Environmental Provisions
- Expands DOD's reporting requirements with respect to environmental compliance to include a listing of funding and personnel requirements, the budget request for such activities, and a five-year projection of funding and personnel requirements for such activities at each military installation. Expands the annual environmental budget report to include funding levels and personnel required by DOD to comply with applicable environmental requirements at overseas military installations. Requires the Secretary to develop a policy for determining applicable environmental compliance at overseas military installations and to report such to the Congress with the FY 1991/1993 budget request.
Extends to March 1, 1991, the date for completion of a waste recycling study under the National Defense Authorization Act for Fiscal Years 1990 and 1991.
Directs the Secretary to establish a program to educate DOD personnel in environmental management. Outlines program requirements and provides FY 1991 funding for such program. Directs the Secretary to recommend to the defense committees whether such program should continue after FY 1991.
Requires the CFC Advisory Committee (established under the National Defense Authorization Act for Fiscal Years 1990 and 1991) to study the use of specified ozone-depleting substances within DOD, together with the costs and feasibility of using alternative compounds to such substances. Requires the Secretary to provide the Committee with certain information on the use of such ozone-depleting substances within DOD. Extends to June 30, 1991, a deadline under such Act for the submission of a final report on the use of chlorofluorocarbons within DOD.
Prohibits FY 1991 funds from being obligated for the purchase of performance bonds and similar guaranties for the performance of any direct function by DOD.
Part E: Miscellaneous
- Requires the Secretary of the Air Force to continue to carry out the mission of hurricane reconnaissance during FY 1991 unless another Federal agency assumes such responsibility and has adequate funding.
Authorizes the Secretary of the Army to operate and maintain an Army Reliability Centered-Inspect and Repair Only as Necessary Program at Anniston Army Depot in Alabama.
Validates payments made before the enactment of this Act under a contract between a military department and a unit of local government for the provision of police, fire, or other municipal service.
Requires the Secretary of each military department to ensure that each installation under his jurisdiction during FY 1991 is provided with firefighting and other emergency services through personnel and facilities of that installation.
Directs the Secretary of Defense to increase the size of the permanent staff of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Requires an equivalent reduction in the size of the permanent staff of the Under Secretary of Defense for Policy. Directs the Secretary to assess and report to the Congress on the staff needs of the Assistant Secretary.
Directs the Secretary to initiate discussions between military and civilian DOD personnel and appropriate Federal, State, and local officials in order to plan security and logistical support for the 1996 Summer Olympic Games in Atlanta, Georgia.
Expresses the sense of the Congress that: (1) funds appropriated to DOD should not be used to transfer to Europe any military equipment that would have to be destroyed as a result of anticipated arms control agreements on conventional forces in Europe; and (2) DOD should make every effort to avoid transferring to Europe any military equipment that would have to be returned to the United States after a short time as a result of further withdrawals of U.S. military personnel from Europe.
Part F: Studies and Reports
- Authorizes the Secretary of the Army to contract for the lease of aircraft for initial entry helicopter pilot training to determine if the cost of leasing, operating, and maintaining such aircraft is less than the projected cost of operating and maintaining such aircraft of the Army for the same purpose. Requires the Secretary of Defense to undertake a study concerning the long-term leasing of such aircraft for such purpose.
Expresses the sense of the Congress that flexible readiness has significant potential. Requires the Secretary to report to the Congress on the extent to which flexible readiness could be implemented by the Secretary.
Requires a report from the Secretary of the: (1) Navy on establishing a new Naval Reserve Training Center at Newport, Rhode Island; and (2) Army on safety aspects concerning the removal and transportation to Johnston Island of chemical weapons stored in the Federal Republic of Germany.
Title IV: Military Personnel Authorizations - Part A: Active Forces
- Authorizes end strengths for active-duty forces for FY 1991 and 1995. Prohibits a member of the armed forces from being involuntarily separated unless the Secretary of the military department concerned has made certain certifications to the defense committees and followed certain procedures with respect to military force reduction actions. Defines those military personnel to be covered under such prohibition as those who: (1) are serving on active duty or full-time National Guard duty; (2) have six or more years of active service in the armed forces; (3) if involuntarily separated, would not be immediately eligible for retired or retainer pay; and (4) if involuntarily separated, would be eligible for separation pay.
Specifies limits on the authorized strength for general and flag officers on active duty effective FY 1991 and 1995. Reduces through FY 1992 the current authorized number of active-duty Air Force colonels. Exempts certain three-star generals and flag officer positions from fiscal year strength level limitations. Authorizes the President to designate not more than six such positions as exempted. Prohibits the delegation of such presidential authority.
Amends the Department of Defense Authorization Act, 1985 to reduce the end strength under such Act for military personnel assigned to Europe. Authorizes the President to waive such force limitations in the national interest as long as the Congress is notified.
Part B: Reserve Forces
- Authorizes end strengths for members of the Selected Reserve for FY 1991. Prescribes end strength reductions or increases based on the number of units of the Selected Reserve component on active duty.
Authorizes the end strengths for reserves on active duty in support of the reserves for FY 1991. Prescribes the authorized end strengths for FY 1992 through 1997 for Army reserves serving on full-time active duty or full-time National Guard duty for organizing, administering, recruiting, instructing, or training the Army reserve components. Prohibits reservists serving in such manner from being involuntarily separated.
Part C: Military Training Student Loads
- Authorizes the average military training student loads for FY 1991. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act.
Part D: Other Personnel Strength Matters
- Directs the Secretary of the Army to report to the defense committees evaluating the cadre concept for both active-duty and reserve component divisions.
Title V: Military Personnel - Part A: Personnel Readjustment Benefits
- Authorizes the payment of separation pay to regular officers and enlisted personnel denied reenlistment or involuntarily discharged after a period of service of more than six, but less than 20, years. Requires, as a condition of receiving such pay, that the person enter into a written agreement with the Secretary concerned to serve in the Ready Reserve for not less than three years following such discharge or reenlistment denial.
Provides a new package of benefits and services to members of the armed forces or full-time National Guard members who are involuntarily separated from, or denied reenlistment in, the armed forces or National Guard. Authorizes the Secretary concerned to provide for individual preseparation counseling of such members. Requires the Secretary concerned, in the case of a member being separated or discharged for medical reasons, to ensure that a copy of the member's service medical record is transmitted to the Secretary of Veterans Affairs.
Directs the Secretary of Defense to provide to such denied or discharged members a certification of any job skills or experience acquired that may have application to employment in the civilian sector. Directs the Secretary to establish permanent employment assistance centers at appropriate military installations. Requires information aiding the employment of such members to be released by the Secretary to appropriate employment departments and agencies. Gives such members and their dependents a preference in hiring by nonappropriated fund instrumentalities of DOD.
Directs the Secretary of Labor to establish and maintain a program to furnish counseling, assistance in identifying employment and training opportunities, and other related information and services to members denied reenlistment or involuntarily discharged, together with their spouses. Requires the Secretaries of Defense and of Veterans Affairs to cooperate with the Secretary of Labor in carrying out such program and to enter into an agreement to do so. Outlines program elements. Authorizes the Secretaries to use all appropriate individuals, personnel, representative, and agencies in carrying out the program.
Provides transitional medical and dental care and other health benefits for members involuntarily separated with less than six years of active duty (such transitional period being 60 days) and for members involuntarily separated with six or more years of active service (120 days of coverage). Directs the Secretary to inform each member being so discharged of the availability for purchase of a conversion health policy which provides health care for members and their dependents for a period of one year after release or discharge, or for a preexisting condition for which health care is not provided under the policy solely because it is a preexisting condition. Allows the Secretary concerned to consider authorizing on an individual basis in cases of hardship the provision of health care for a member who is separated from the armed forces during the five-year period beginning on October 1, 1990, and who is ineligible for transitional health care or does not obtain a conversion health policy.
Provides additional benefits and services for such involuntarily discharged or released members and their dependents in the form of: (1) commissary and exchange benefits for a two-year period following such separation; and (2) the continued use of military family housing for 180 days after such separation (while still requiring a reasonable rental).
Directs the Secretary to develop a program specifically to assist members of the armed forces stationed overseas who are preparing for discharge or release from active duty (and their dependents) in readjusting to civilian life.
Authorizes the Secretary concerned to grant to a member being involuntarily separated such excess leave (not in excess of 30 days) as required to facilitate the member's necessary relocation activities, unless to allow such would interfere with military missions.
Gives a person involuntarily separated from the armed forces during the five-year period beginning on October 1, 1990: (1) preference for membership in a National Guard or Reserve unit over other equally qualified individuals for a period of one year following such separation; (2) certain travel and transportation allowances for expenses related to the involuntary separation; and (3) continuation of enrollment of any dependents currently enrolled in a school of the defense dependents' education system until the end of the school year.
Part B: Defense Officer Personnel Management Policies
- Allows the Secretary to authorize the Secretary of the military department concerned, over the five-year period beginning on October 1, 1990, to take specified actions designed to enhance the early retirement incentives for officer personnel. Authorizes the convening of early retirement selection boards for such purpose. Limits the number of officers that can be selected for early retirement in a fiscal year. Authorizes the Secretary concerned to reduce from three to two years the time-in-grade required for an officer to retain such grade upon a voluntary retirement effective during such five-year period.
Allows the Secretary to authorize the Secretary concerned, during such five-year period, to reduce the required period of active service as a commissioned officer before retirement from at least ten years to no less than eight years.
Directs the Secretary to report to the defense committees on: (1) the advantages, disadvantages, and desirability of initially appointing all commissioned officers in the armed forces as reserve officers; and (2) the appropriate active-duty service obligation for graduates of the service academies.
Part C: Officer Education and Training
- Requires entering classes of the military service academies beginning in 1991 to be reduced by 100 from the previous year in order to reduce the total of such entrants by 1,000 by FY 1995.
Repeals the authority of the Administrator of the Panama Canal Commission to nominate candidates and midshipmen for appointment to the service academies.
Modifies the ten-year service obligation for graduates of the Uniformed Services University of the Health Sciences to allow a combination of active and reserve duty for such graduates who do not perform ten full years of active duty, while still requiring a minimum of seven years of active duty.
Allows the Secretary concerned to recoup advanced educational assistance given to a member under the armed forces educational assistance program when such member fails to fulfill any term or condition of the educational assistance agreement.
Part E (sic): Military Justice Amendments
- Amends the Uniform Code of Military Justice (UCMJ) to add certain clarifying provisions to court martial procedures and the qualifications for appointment to the Court of Military Appeals.
Part F (sic): Miscellaneous
- Includes civilian attorneys acting as legal assistance officers in the list of officials authorized to perform the duties of public notaries.
Extends to the Secretary of Transportation when operating the Coast Guard the current authority of the Secretary of Defense to provide facilities for, and prescribe regulations governing, the identification, treatment, and rehabilitation of military personnel who are dependent on alcohol or drugs.
Directs the Secretary to establish an advisory committee to recommend procedural protections for members of the armed forces referred for mental health evaluations or involuntary psychiatric hospitalization. Requires reports and regulations in connection with such procedures.
Amends the Uniformed Services Former Spouses' Protection Act to: (1) state that a court may not treat retired pay as property in any proceeding to divide marital property between a member of the armed forces and a spouse or former spouse if a final decree of divorce, dissolution, annulment, or separation was issued before June 25, 1981, and at the time did not treat any amount of retired pay as property for purposes of a division of marital property; and (2) revise the computation of the amount of disposable retired pay that is subject to marital property division after the effective date of such Act.
Permits military officers to seek and hold nonpartisan civil office on an independent school board that is located exclusively on a military reservation.
Authorizes the President to prescribe the components and quantities for Navy rations and to replace any such rations with other articles if economy and the health and comfort of naval personnel require such action.
Requires the Secretary to report to the defense committees on the desirability of requiring active-duty officers to serve a minimum of two years in support of a National Guard or Reserve unit as a condition of eligibility for consideration for promotion to certain grades.
Prohibits certain members of the reserves serving on full-time active duty in support of the reserve components, after the end of FY 1991, from being assigned to duty with any unit of the Reserve Officer Training Corps (ROTC) Program.
Part F: Montgomery GI Bill
- Amends the veterans' educational assistance program to allow individuals about to be involuntarily discharged from the armed forces to participate in the educational benefits provided under the Montgomery GI Bill, even if such individuals had made an election during active service not to participate in the GI Bill program. Requires a $1,200 reduction in basic pay for such individuals who elect to participate in such program after being informed of their involuntary discharge.
Makes clarifying amendments to the Montgomery GI Bill active-duty program.
Includes as eligible for benefits under the Montgomery GI Bill active-duty program members of the National Guard who organize, administer, train, instruct, or recruit for the National Guard.
Title VI: Compensation and Other Personnel Benefits - Part A: Pay and Allowances
- Waives the automatic adjustment in military pay consistent with the FY 1991 adjustment in the General Schedule of the Government, providing instead a 4.1 percent increase in the rates of basic pay, basic allowance for quarters, and basic allowance for subsistence, effective January 1, 1991.
Prohibits the monthly rate of the variable housing allowance from being reduced to the extent that such pay, combined with other military pay and allowances, would total below the month preceding the most recent increase in the rate of basic pay.
Part B: Bonuses and Special and Incentive Pay
- Authorizes the payment of a retention bonus to a medical officer in the armed forces who executes a written agreement with the Secretary concerned to remain on active duty for between two and four years after the completion of any other active-duty service commitment. Provides yearly bonus limits and describes eligible officers. Requires refunds of such bonus in a pro rata amount for any agreed upon period of added active duty service not served. Allows officers to terminate an existing bonus program in order to enter into such multiyear bonus program. Requires the Secretary to report to the defense committees on implementation of the bonus program.
Increases the variable special pay for medical officers in pay grades 0-7 and above.
Extends through FY 1992 the following programs: (1) the nurse accession bonus; (2) incentive special pay for nurse anesthetists; and (3) the nurse candidate program.
Authorizes the Secretary to extend the special pay provided to nurse anesthetists to officers serving in a nursing specialty that is designated as critical and requires post baccalaureate education and training.
Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, to terminate the bonus installments normally due to a member who does not complete the term of enlistment for which a bonus was paid.
Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1993 (currently 1990) the authority for the payment of special pay for critically short wartime health services specialists in the Selected Reserve.
Authorizes the Secretary to prescribe regulations for the payment of a retention bonus of up to $6,000 per year to optometrists who have completed their initial active duty service obligation. Requires an implementing report from the Secretary to the defense committees.
Authorizes the Secretary to provide board certification special pay for nonphysician health care providers in the armed forces with a post-baccalaureate professional degree. Requires an implementing report.
Part C: Travel and Transportation Allowances
- Repeals a provision of the Department of Defense Authorization Act, 1986 which terminated the authority for the payment of costs of labor furnished in connection with the transportation of baggage and household goods.
Authorizes a specified baggage and household goods weight allowance for cadets and midshipmen in connection with a change of temporary or permanent station.
Part D: Miscellaneous
- Amends the Military Survivor Benefits Improvement Act of 1989 to delay the effective date under such Act of the enrollment period for the optional high-tier Survivor Benefit Plan coverage.
Title VII: Health Care Provisions - Part A: Health Care Services
- Authorizes the coverage of pap smears and mammograms under CHAMPUS if provided on a diagnostic or preventive basis.
Includes the payments to certified marriage and family therapists as a covered medical expense under CHAMPUS.
Limits CHAMPUS coverage for inpatient psychiatric care to 30 days per year for adults and 45 days for adolescents under 19 years of age. Waives such limitation in certain cases. Directs the Secretary to submit to the Congress a plan for reducing the costs incurred by DOD in providing mental health services under CHAMPUS.
Part B: Health Care Management
- Prohibits any reduction in the number of military and civilian DOD medical personnel below the number serving on September 30, 1989, unless the Secretary certifies to the Congress that the number being reduced is excess to the current and projected needs of the military and that such reduction would not increase CHAMPUS costs.
Increases the outpatient per-individual and per-family CHAMPUS annual deductibles required of military personnel and their covered beneficiaries.
Authorizes the United States to recover from third party insurance providers the reasonable costs for health care services (currently, only inpatient hospital care) provided in military medical facilities for retired military personnel and their dependents.
Authorizes the payment of special and incentive pay and bonuses for direct health care providers employed by DOD under a personal services contract (currently limited to basic pay and allowances).
Requires the Secretary to make certain cost-effectiveness certifications to the Congress before the CHAMPUS Reform Initiative underway in the States of California and Hawaii may proceed.
Prohibits the closure of a military medical treatment facility, or a reduction in the level of care provided there other than as a result of a base closure, until the Secretary complies with specified congressional notification requirements.
Authorizes the limited use of the composite health care system when the Secretary certifies such system as operationally functional, cost-effective, and needed to replace outdated existing systems.
Extends the existence of uniformed services treatment facilities (formerly Public Health Service hospitals) through December 31, 1993. Places an FY 1991 funding cap for such facilities. Requires such facilities and the Secretary to complete agreement on, and begin implementation of, a managed care delivery and reimbursement model by September 30, 1991.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Part A: Acquisition Management Improvement
- Directs the Under Secretary of Defense for Acquisition to establish under the sponsorship of the Defense Systems Management College an advisory panel on streamlining and codifying defense acquisition laws. Requires reports.
Revises the authority governing the operation of working-capital funded activities within DOD.
Establishes procedures for the awarding of defense contracts without discussions when technical factors are more important than cost for purposes of selecting a contractor. Requires the evaluation factors and subfactors to be listed in the contract solicitation in their relative order of importance.
Increases from $100,000 to $500,000 the certified cost or pricing data threshold. Requires the Inspector General to report on the effect of such change. Requires the Secretary to issue regulations for procurements below the $500,000 threshold.
Repeals a Federal provision requiring contractors to submit a certification concerning the pricing of spare and repair parts.
Directs the Secretary to prescribe regulations to ensure that, before full-scale development of a major defense program is initiated, there is an acquisition strategy that includes a plan for the use of competitive alternative sources for such program and each major subsystem of such program if use of two or more sources: (1) would likely result in reduced costs and would not result in unacceptable delays; and (2) is otherwise in the national security interest of the United States.
Redefines the "small purchase threshold" (the price at which a purchase will still be considered a small purchase for purposes of defense acquisition policies and regulations) as $25,000, adjusted on October 1 of each year divisible by five to the amount equal to $25,000 in constant FY 1990 dollars (rounded to the nearest $1,000). Makes conforming changes to such amount in various Federal provisions and Acts concerning Government procurement generally, as well as to the Small Business Act.
Authorizes the Under Secretary to designate an official no lower than an Assistant Secretary to represent DOD on the Federal Acquisition Regulatory Council.
Calls for the use of multiyear defense acquisition contracts if their use will result in substantial savings of total anticipated costs of carrying out the program through annual contracts.
Authorizes the Secretary to conduct a pilot program to determine the potential for increasing the efficiency and effectiveness of the acquisition process in major defense acquisition programs (MDAPs). Authorizes the Secretary to designate not more than six MDAPs for participation in the pilot program and to designate such chosen MDAPs as a defense enterprise program. Authorizes the waiver of certain defense acquisition rules and regulations in the case of defense enterprise programs chosen for participation in the pilot program. Requires congressional notification. Terminates as of September 30, 1992, the authority to waive the application of any laws or regulations in the case of such programs.
Requires DOD, before the acquisition of commercial products, to conduct market research to determine whether nondevelopmental items are available or could be modified to meet agency needs.
Part B: Modifications to Existing Law
- Declares that advertising firms are included in the minority business contracting program developed under the National Defense Authorization Act for Fiscal Year 1987.
Includes first-tier subcontracts under a Federal provision which prohibits prime contractors from hiring individuals convicted of fraud and other related felonies.
Requires subcontractors to disclose to their contractors whether the subcontractor has been debarred or suspended from Government contracting or subcontracting.
Authorizes the use of DOD funds for administrative costs in connection with expansion of the procurement technical assistance program.
Revises provisions concerning the effect of, or suspension of, certain post-employment restrictions on former Federal employees under the Office of Federal Procurement Policy Act, as they related to former defense acquisition employees.
Part C: Defense Industrial and Technology Base
- Requires DOD to include in each Defense Critical Technologies Plan an identification of all program elements which support development of one or more critical technologies within that program element, the allocation of funds to individual technologies within those program elements, and a comparison of such allocations to prior-year funding.
Establishes the Critical Technologies Institute (Institute) as a federally-funded research and development center operated via a nonprofit membership corporation. Requires the Institute to: (1) survey private and Government views on each critical technology identified in the most recent report of the National Critical Technologies Panel, as well as each technology that the Institute considers critical; (2) on the basis of such surveys, identify national objectives for the research, development, and production capability of the United States with respect to such technologies, as well as the preparation of possible strategies for achieving the identified objectives; and (3) publish reports discussing such national strategies as well as their implementation. Requires the Director of the Office of Science and Technology to sponsor the Institute to enter into an agreement with the Institute's Board of Directors to perform such functions as the Director may specify, and to permit the Institute to perform functions for member agencies of the Federal Coordinating Council on Science, Engineering, and Technology Policy that are consistent with their functions. Provides deadlines and funding. Authorizes appropriations.
Directs the Secretary, acting through the Under Secretary of Defense for Acquisition, to: (1) provide centralized DOD policy guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; and (2) direct the development and implementation of DOD plans and policies promoting the development and application of advanced technologies to manufacturing processes, tools, and equipment. Requires the Secretary to develop and implement a National Defense Manufacturing Technology Plan (Plan) to provide such guidance and policy for defense manufacturing, as well as assure its implementation by defense agencies and other related Federal agencies. Requires the Secretary to enhance basic research in scientific disciplines relating to manufacturing technology by promoting research and creating technology transfer in such field. Directs the Secretary to promote the use of computer-integrated manufacturing in order to improve manufacturing quality, reduce manufacturing costs, and reduce production lead times. Directs the Secretary to enhance DOD use of concurrent engineering practices in the design and development of weapons systems. Directs the Secretary to promote the improvement of the subtier defense industry through specified programs and concepts.
Directs the Secretary of Defense to prescribe regulations governing the payment by DOD of independent research and development costs or bid and proposal costs. Requires that, when such costs exceed $7,000,000 to a person in a fiscal year, the Secretary and such person shall enter into an advance agreement regarding the manner and extent to which DOD may pay such costs. Authorizes changes to such price limitation to reflect changing economic indices.
Directs the Secretary to report to the defense committees annually on the defense industrial base of the United States, actions taken to improve such base, and the effects of defense budgets on the ability of the base to meet national security needs. Requires inclusion of the Under Secretary's analysis of the ability of U.S. businesses to conduct research, apply technologies, and maintain and expand such industrial base when necessary.
Directs the Secretary to monitor the capability of, and provide an annual report on, the domestic textile and apparel industrial base to support defense mobilization requirements.
Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize the director of a Federal laboratory or the contracting officer of a federally funded R&D center to enter into contracts for a partnership intermediary to perform services which increase the likelihood of success in conducting cooperative or joint activities of such laboratories or R&D centers with small business firms. Directs the Secretary of Commerce to develop model programs for national defense laboratories.
Part D: Miscellaneous
- Directs the Secretary to establish a Mentor-Protege Program in order to provide incentives to major DOD contractors (mentors) to help disadvantaged small businesses (proteges) perform as subcontractors and suppliers under DOD and other Government contracts. Outlines eligibility requirements for Program participants. Requires an agreement between the mentor and the protege regarding the assistance to be furnished. Outlines agreement provisions and the forms of assistance to be provided, including general business management and engineering and technical assistance. Allows the noncompetitive awarding of subcontracts to the protege, progress payments, loans, and other assistance. Directs the Secretary to provide for the reimbursement of a mentor for the total amount of any progress payment made under the Program, as well as for advance payments and other assistance. Provides credits to mentors for costs incurred on behalf of a protege that are not reimbursed. Prohibits a mentor from requiring a business concern to enter into a mentor-protege agreement as a condition to the awarding of a contract or subcontract. Requires the Program to be conducted between October 1, 1991, and September 30, 1994. Directs the Secretary to prescribe regulations to carry out the Program. Requires the General Accounting Office to evaluate the implementation of the Program and to provide interim and final reports on such implementation to specified congressional committees.
Amends the National Defense Authorization Act for Fiscal Year 1987 to direct the Secretary to establish a specific goal for the award of prime contracts and subcontracts to historically Black colleges and universities and minority institutions in order to increase participation of such colleges and universities in defense research programs. Directs the Secretary to: (1) furnish technical and infrastructure assistance to such colleges and universities; and (2) carry out such programs at institutions that agree to bear a substantial portion of the cost associated with the program.
Prohibits the procurement of C-23 Sherpa aircraft with FY 1991 Army aircraft funds unless the Secretary of the Army secures a commitment from the contractor in support of equal employment opportunities.
Directs the Secretary to prescribe regulations to ensure that professional and technical services are acquired on the basis of the task to be performed rather than on the number of hours of service provided. Increases the threshold limits concerning the authorized use of master agreements as provided under the National Defense Authorization Act for Fiscal Years 1990 and 1991.
Directs the Secretary to require that only domestically manufactured carbonyl iron powders are used in systems or items procured by DOD.
Directs a defense agency remedy coordination official to recommend that a defense agency head reduce or suspend further payments to a defense contractor in any case in which the official finds substantial evidence that the request of such contractor for advance, partial, or a progress payment is based on fraud.
Directs the Secretary to promulgate regulations containing requirements and provisions considered necessary to prohibit a defense contractor from taking any discriminatory action against any employee who communicates to a Government official information concerning a defense contract which the employee reasonably believes evidences a violation of law or regulations relating to DOD procurement or of the subject matter of the defense contract. Outlines procedures for: (1) complaint and investigation; and (2) review and enforcement.
Title IX: Department of Defense Organization and Management Matters - Part A: General Management Matters
- Directs the Secretary to report to the Congress for FY 1992 through 1994 a national military strategy. Requires the Chairman of the Joint Chiefs of Staff (JCS Chairman) to participate fully in the development of each such report.
Repeals a statutory cap on the staff size of the JCS.
Directs the Secretary of the Army to establish a U.S. Army Reserve Command under the Chief of Army Reserve to be a major subordinate command of Forces Command. Provides for the assignment of forces and provides a two-year test period for such Command. Requires reports by the Secretary of the Army to the defense committees.
Prohibits the expenditure of DOD funds for investigations by DOD or any other Federal agency for a security clearance if a current, complete investigation has been or is being conducted by another department or agency.
Requires a 20 percent reduction in the defense acquisition workforce by FY 1995.
Reduces by four percent per year for FY 1991 through 1995 the number of personnel employed in management headquarters activities and headquarters support activities.
Requires the Secretary and the Director of Central Intelligence to conduct a joint review of all intelligence-related activities under certain national and foreign intelligence programs. Reduces the number of personnel assigned or detailed to such intelligence programs.
Establishes for FY 1991 a special account to be managed by the chairman of the Joint Chiefs of Staff (JCS) and used to provide funds to commanders of the unified and specified combatant commands and the U.S. Commander of the North American Aerospace Defense Command for listed activities. Provides funding amounts and limitations.
Directs the Secretary to conduct a study to determine mobility requirements for the armed forces and to develop an integrated plan to meet those requirements. Requires reports.
Eliminates the statutory position of the Chief of Naval Research.
Part B: Professional Military Education
- Requires the Secretary, with the advice and assistance of the JCS Chairman, to promulgate a uniform cost accounting system for use by the Secretaries of the military departments in preparing budget requests for the operation of the professional military education schools. Requires the Secretaries concerned to carefully consider the views of the JCS Chairman in proposing such military education budget requests.
Authorizes the President of the Naval War College, upon the recommendation of its faculty, to confer the degree of master of arts in national security and strategic studies upon graduates of the college.
Part C: Contracting Out
- Extends through FY 1991 the authority of military base commanders over the commercial activities contracting-out program.
Authorizes the Secretary to conduct a depot maintenance workload competition pilot program during FY 1991. Requires a report.
Title X: Drug Interdiction and Counter-Drug Activities
- Earmarks specified DOD drug interdiction and counter-drug activities funds for: (1) operation and maintenance; (2) procurement; (3) National Guard pay and allowances; and (4) R&D.
Directs the Secretary to conduct a study to examine the need for an over-the-horizon radar in the central United States directed toward Mexico. Requires the Secretary to report on the study's results to the defense committees. Earmarks specified funds provided for such radar for procurement of a commercial test bed facility to serve as an interim facility until such study is completed. Limits the obligation of other funds provided for such radar program until the Secretary makes certain certifications to the Congress.
Earmarks specified operation and maintenance funds to the Secretary to pay expenses incurred by the Civil Air Patrol in conducting drug surveillance flights.
Authorizes the Secretary, during FY 1991, to provide support for the counter-drug activities of any other Federal, State, or foreign department or agency or law enforcement agency if such support is requested. Outlines types of support authorized and authorizes the Secretary to contract for services or equipment in providing such support. Authorizes the Secretary to plan and execute military training or operations for the purpose of aiding civilian law enforcement agencies. Makes specified operation and maintenance funds available for the provision of such support.
Directs the Secretary to review the availability of equipment resulting from the withdrawal of U.S. forces from Europe and Asia in order to identify excess equipment that may be suitable for drug enforcement activities for transfer to Federal, State, and local civilian law enforcement authorities.
Expresses the sense of the Congress that the Secretary and the JCS Chairman must continue to emphasize DOD's commitment to combating illegal drugs so that the entire chain of command ensures that available funds are utilized fully and effectively to maximize the military's contribution to the national counter-drug efforts. Requires a report from the Comptroller General to specified bodies examining the counter-drug budget and expenditures of DOD.
Directs the Secretary to conduct a study on the feasibility and effectiveness of using military scout helicopters for aerial surveillance missions related to drug smuggling along the southwest border of the United States.
Requires the Secretaries of State and Defense to report to the Congress detailing current U.S. policies with respect to counter-drug enforcement activities and associated training programs of the United States in the Andean countries of Peru, Bolivia, and Colombia.
Expresses the sense of the Congress that the President should call for international negotiations for discussing the establishment of an international strike force to counter international drug traffickers.
Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy the Counter-Narcotics Technology Assessment Center to serve as the central counter-drug enforcement research and development organization of the Government. Makes the Chief Scientist of Counter-Drug Technology the head of the Center. Requires, beginning with the FY 1992 budget, the President to submit a separate and detailed request relating to those Federal departments and agencies having responsibility for counter-drug enforcement research and development programs.
Title XI: Operation Desert Shield - Part A: Funding Matters
- Authorizes supplemental appropriations for costs incurred in FY 1990 in connection with Operation Desert Shield. Requires the Secretary to maintain separate financial and cost records for such Operation.
Part B: Military Personnel Matters
- Authorizes the payment of the following in connection with Operation Desert Shield: (1) imminent danger pay for members assigned to duty in the Persian Gulf area; (2) a variable housing allowance for reserve and retired members called to active duty; and (3) special pay for reserve medical and dental officers called to active duty in connection with such Operation.
Expresses the sense of the Congress that the President should order at least one Army National Guard combat brigade to active Federal service for deployment in the Persian Gulf region in connection with Operation Desert Shield.
Authorizes free mailing privileges for video recordings (currently only sound recordings) for members of the armed forces participating in Operation Desert Shield.
Authorizes personnel deployed in Operation Desert Shield to participate in a special savings program and to receive payments for certain unused leave.
Requires the Secretary to report to the defense committees on options for reforming the basic allowance for subsistence entitlement.
Authorizes the Secretary to exceed current authorized active-duty end strengths if the Secretary certifies to the defense committees that the additional end strength is necessary to accommodate operational requirements for Operation Desert Shield.
Part C: Procurement Matters
- Permits the use of simplified procurement procedures for contracts to be awarded and performed outside the United States in support of Operation Desert Shield if the value of the contract or purchases is $100,000 or less.
Title XII: Defense Acquisition Workforce
- Defense Acquisition Workforce Improvement Act - Amends Federal defense procurement provisions to provide for a Defense Acquisition Workforce. Directs the Secretary to establish uniform procedures for the effective management of persons serving in acquisition positions in DOD. Provides general authorities and responsibilities for various officers and personnel assigned to positions in the Workforce. Requires the Secretary of each military department to establish acquisition career program boards for advice in managing the accession, training, education, and career development of military and civilian personnel in the acquisition workforce.
Directs the Secretary of Defense to designate in regulations those positions in DOD that are to be considered acquisition positions. Directs the Secretary to ensure that appropriate career paths for civilian and military personnel who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for the most senior acquisition positions. Directs the Secretary to establish education, training, and experience requirements for each acquisition position based on the level of complexity of duties carried out in the position. Provides qualification requirements for persons wishing to serve as contracting officers in acquisition positions with authority to award or administer contracts above the small purchase threshold. Requires the Office of Personnel Management to approve all such requirements.
Directs the Secretary to ensure establishment of an Acquisition Corps for each of the military departments and for the other components of DOD. Outlines eligibility and selection criteria for membership in the Acquisition Corps. Requires that after October 1, 1993, a critical acquisition position may only be filled by a member of an Acquisition Corps. Provides for the designation of critical acquisition positions. Provides career development procedures for persons assigned to critical acquisition positions through an Acquisition Corps after October 1, 1993. Directs the Secretary to establish specified education, training, and experience for program managers, executive officers, general and flag officers and civilians in equivalent positions, and senior contracting officials employed in critical acquisition positions. Directs the Secretary to establish policies and procedures for the establishment and implementation of the education and training programs authorized. Provides an intern program, a cooperative education program, and a scholarship program for aspiring acquisition personnel. Authorizes the Secretary to provide tuition reimbursement and training and to repay student loans in connection with an acquisition training program.
Directs the Secretary to prescribe regulations to ensure that military departments and defense agencies establish a management information system capable of providing standardized information to the Secretary on persons serving in acquisition positions. Requires the Under Secretary of Defense for Acquisition to report to the Secretary on the status of the defense acquisition workforce. Provides for the reassignment of the authority of the Under Secretary. Authorizes the Secretary, within a specified six-year period, to prescribe different minimum experience requirements for appointment to an acquisition position.
Authorizes the payment of special pay to officers in critical acquisition positions who sign a written agreement to extend their period of active duty in such position. Outlines administrative provisions concerning the amount of such bonus, its payment, and the required period of commitment.
Directs the Secretary, no later than October 1, 1991, to prescribe regulations for the initial structure of a defense acquisition university. Requires an implementation plan for such structure to be submitted to the defense committees.
Amends Federal employment provisions to authorize the provision of degree training and student loan repayments (up to a specified limit) of loans made under the Higher Education Act of 1965 for qualified personnel in areas or occupations involving critical skills. Outlines pay authority provisions for persons occupying critical positions in the Government.
Directs the Comptroller General to conduct and report to the defense committees on an independent evaluation of actions taken by the Secretary of Defense to carry out the requirements of this title and the amendments made by this title.
Outlines certain transition provisions for personnel currently employed in defense acquisition positions in order to effectuate the changes made by this title. Directs the Secretary to promulgate regulations to implement this title and its changes within one year after the enactment of this Act.
Title XIII: Reduction in Reporting Requirements - Part A: Repeal of Existing Report Requirements
- Repeals various reporting requirements under Federal armed forces and military pay and allowances provisions. Repeals specified reports and notifications required under various national defense authorization Acts, as well as under the Defense Industrial Reserve Act, the Foreign Assistance Act of 1961, and the Military Selective Service Act.
Part B: Modifications to Existing Report Requirements
- Modifies specified reports currently required under Federal armed forces provisions and under specified annual defense authorization Acts.
Part C: Report Provisions Previously Terminated by Goldwater-Nichols Act
- Repeals certain reporting requirements contained in Federal armed forces provisions, National Guard provisions, military pay and allowances provisions, and specified military authorization Acts which were terminated by a provision of the Goldwater-Nichols Department of Defense Reorganization Act of 1986. Restores one reporting requirement previously terminated by such Act. Repeals the reports termination section of such Act.
Part D: Clerical Amendments
- Makes clerical amendments to Federal armed forces provisions.
Title XIV: General Provisions - Part A: Financial and Budget Matters
- Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in Division A of this Act between any authorizations contained therein for FY 1991. Provides transfer limitations. Requires congressional notification of any such transfers. Authorizes the Secretary to submit to the Congress an annual multiyear defense program in lieu of a five-year plan annually.
Requires the Director of Central Intelligence to submit to specified congressional committees annually a multiyear national foreign intelligence program reflecting estimated expenditures and proposed appropriations required to support such program.
Revises provisions concerning the formats for presentation of DOD matters in the annual budget submitted to the President and the Congress.
Revises procedures concerning the availability and control of appropriation accounts available for a definite period, closing such accounts on the last day of the fifth fiscal year after the period of availability ends. Provides that, after such an account is closed, it shall remain available for recording, adjusting, and liquidating obligations properly chargeable to that account. Outlines further provisions concerning charges made to such appropriation accounts. Requires obligations from such accounts in excess of specified amounts to be made only if the agency head involved has made certain certifications to the Congress. Provides that any audit requirement, limitation on obligations, or reporting requirement that is applicable to an appropriation account shall remain applicable after the end of the period of availability of that account. Requires the head of each Federal agency to provide a report to the President and the Department of the Treasury on the unliquidated obligations, unobligated balances, and adjustments made to such accounts during the completed fiscal year.
Provides that an appropriation account available for an indefinite period shall be closed and remaining obligated or unobligated balances shall be canceled and shall not be available for any purpose: (1) when the head of the agency concerned or the President decides that the purposes for which the appropriation was made have been carried out; and (2) when no disbursement is made against the appropriation for two consecutive fiscal years. Requires the Comptroller General to make certain reports concerning both types of appropriation accounts (accounts available for definite or indefinite periods). Restores certain unobligated amounts and cancels certain unobligated and obligated balances from specified accounts.
Requires an audit of the obligated balances in the merged accounts of DOD. Deobligates certain obligations that are no longer valid. Requires the Secretary to report to the Congress on the audit results.
Extends the requirement that DOD provide life-cycle cost information as part of the Selected Acquisition Report for major defense acquisition programs that have reached full-scale engineering development to programs which reached that stage before FY 1985.
Authorizes appropriations for FY 1991 from the Defense Cooperation Account for programs, projects, and activities of DOD.
States that the Classified Annex prepared by the Conference Committee to accompany the conference report on this bill shall have force and effect as if enacted into law.
Part B: Naval Vessels and Shipyards
- Prohibits the Secretary, except under specified circumstances, from procuring air circuit breakers for naval vessels unless they were produced in the United States.
Restores the ability of the Secretary of the Navy to permit short-term repairs for west coast Reserve ships to be solicited only in the homeport area if adequate competition exists.
Requires a report on the use of Mayport Naval Station, Jacksonville, Florida, as a homeport for nuclear aircraft carriers.
Directs the Secretary of the Navy to establish a program for the construction and operation of cargo vessels that incorporate features essential for military use. Outlines program requirements and requires reports to the Congress.
Authorizes naval shipyards and military aviation depots, during FY 1991 and subject to the discretion of the Secretary of Defense, to compete for contracts for the production of defense-related articles and for the provision of services related to defense programs.
Expresses the sense of the Congress that the next guided missile destroyer to be named after enactment of this Act should be named the U.S.S. Samuel S. Stratton, in honor of a former New York congressman.
Revises procedures for the review of certain naval vessel transfers to delete a provision that has been ruled unconstitutional.
Part C: Guard and Reserve Initiative
- Expresses the sense of the Congress: (1) that utilization of the reserve components of the armed forces should increase in the future; (2) regarding the importance of the Ready Reserve; (3) commending and stating the importance of the National Guard and reserves; and (4) on the importance of the U.S. armored forces in the active and reserve components and the need to maintain the U.S. Army Armor Center as the center for training, education, doctrine, and combat development for U.S. armored forces.
Preserves through FY 1991 the force structure of the National Guard and reserves at the level that existed on January 1, 1990.
Directs the Secretary of the Air Force to ensure, through the transfer of aircraft from regular to reserve squadrons, that the average number of aircraft assigned to aircraft squadrons of the Air National Guard or the Air Reserve is equal to aircraft squadron amounts in the active duty components of the Air Force. Authorizes the Secretary to temporarily waive such requirement if its implementation would be detrimental to the national security interest. Provides similar requirements for the Secretary of the Navy, requiring the average number of aircraft assigned to a P-3 aircraft squadron in the Naval Reserve to be equal to such number assigned in the regular Navy. Provides similar waiver authority.
Directs the Secretary of Defense to assign the tactical airlift mission of DOD to the Air Force Reserve and the Air National Guard. Directs the Secretary of the Air Force to develop a plan for the transfer of all tactical airlift transport aircraft to the Air Force Reserve and Air National Guard at the earliest practicable date and to submit such plan to the defense committees by June 1, 1991.
Prohibits any funds appropriated for fiscal years after FY 1996 from being used to operate or maintain OV-1 aircraft. Directs the Secretary of the Army to retire such aircraft on a gradual basis from September 30, 1991, through September 30, 1996.
Requires the Secretary of the Air Force to provide each military department with flight training, fleet support, and depot maintenance with respect to all A-10 aircraft assigned to each such department.
Part D: Arms Control Matters
- Expresses the sense of the Congress with respect to the addition of more nuclear risk reduction measures. Commends the Presidents of the United States and the Soviet Union for their joint statements on the pursuit of additional nuclear confidence-building measures. Asks the President to invite the Soviet Union to conduct reviews and enter into discussions in order to agree on additional roles and functions that could be assigned to the Nuclear Risk Reduction Centers to lessen the risks of the accidental outbreak of nuclear war.
Expresses the sense of the Congress that: (1) the United States should pursue stabilizing strategic arms reduction agreements while maintaining a vigorous research and development and modernization program for strategic forces; and (2) before the conclusion of a Strategic Arms Reduction Treaty between the United States and the Soviet Union, the President should provide the Congress with a classified and unclassified report on whether the SS-23 INF missiles of the Soviet Union and the Soviet Krasnoyarsk radar constitute violations of the INF or ABM Treaties and whether such weapon or system will be destroyed or dismantled.
Part E: Matters Relating to Allies and Other Nations
- Authorizes the Secretary to enter into agreements with NATO nations or other nations allied with the United States for reciprocal logistical support. Authorizes the Secretary to accept the use of real property, services, and supplies from foreign countries in connection with mutual defense agreements and occupational arrangements. Requires quarterly reports on such arrangements and annual audits by the Comptroller General.
Directs the Secretary to designate an official within DOD to act as ombudsman within DOD on behalf of foreign governments who are parties to defense agreements with the United States.
Includes reciprocal defense procurement agreements among the international defense agreements to be reviewed by the Secretary of Commerce.
Expresses the sense of the Congress that: (1) the United States and Japan should strengthen their cooperation with regard to technology that would contribute to the security of both countries; (2) technological cooperation between the two countries should be based upon an equitable mutual sharing of the costs and benefits of such cooperation; and (3) the Secretary should improve the staffing, funding, and organization of activities within DOD which are responsible for implementing and overseeing technological cooperation with Japan. Requests the President and directs the Secretary to pursue such technological cooperation, especially in those technologies that have both commercial and military application (known as "dual use" technologies). Earmarks specified FY 1991 R&D funds for pursuing such cooperation through the use of a memorandum of understanding or other formal agreement with Japan. Provides funding conditions. Limits the authority of the Secretary to delegate certain authority required pursuant to such actions. Prohibits the use of any earmarked R&D funds for R&D under SDI. Urges the Secretary to increase staffing in the Office of the Deputy Under Secretary of Defense for International Programs to provide oversight of the joint R&D projects of the United States and Japan under this part.
Recognizes that Japan has made a substantial pledge of financial support to the effort to support the U.N. Security Council resolutions concerning Iraq. Expresses the sense of the Congress that all countries, especially Japan, that share the benefits of international security should, commensurate with their national capabilities, share in the responsibility for maintaining that security and stability. Directs the President to enter into negotiations with Japan to achieve an agreement under which Japan offsets all direct costs incurred by the United States related to the presence of all U.S. military personnel assigned to Japan.
Limits the costs to be incurred by the United States during FY 1991 for paying salaries and other expenses of foreign nationals who are employed at U.S. military installations outside the United States.
Directs the President to report to specified congressional committees on U.S. security arrangements with, and commitments to, other nations.
Authorizes restrictions on imports to the United States from any nation in violation of the economic sanctions against Iraq.
Expresses the sense of the Congress that the President should provide appropriate forms of humanitarian assistance for Lithuania and that the Administrator of the Agency for International Development should facilitate the gathering and dispatching of such assistance.
Part F: Miscellaneous Matters
- Directs the Secretary to report to the defense committees whenever a change is planned in the classification of a DOD special access (classified) program, or when classified information concerning a special access program is to be made public. Includes the Appropriations Committees as defense committees for purposes of this provision.
Directs the Secretary of the Air Force to: (1) complete the development of weapons and weapon systems having standoff attack capabilities and employing sensor-fused devices; (2) proceed with production of such weapons and systems; and (3) provide that such production take place at facilities selected during the development stage of such weapons and systems.
Authorizes the Secretary to reimburse North American Van Lines and the Church of God for certain damages caused during Operation Just Cause.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through January 3, 1993, the deadline by which fixed wing close air support must be integrated into the instrumentation system at the National Training Center.
Allows, subject to specified exceptions, contracts awarded under the Overseas Workload Program to be performed in the theater in which the equipment is normally located or in the country in which the contractor is located.
Directs the Secretary of the Army to designate the Thomas Hawkins Johnson Visiting Scholar Program at the United States Military Academy. Authorizes appropriations. Directs the Secretary of Defense to establish the Thomas Hawkins Johnson Lecture Series at the National Defense University. Authorizes appropriations.
Directs the Secretaries of Defense and Transportation to jointly conduct a study of, and report to specified congressional committees on, allowing civilian commercial aircraft access to restricted military air space in the mid-Atlantic region in order to enhance commercial aviation safety, improve air traffic control, and reduce the impact of aviation noise on populated areas.
Authorizes the Ranch Hand Advisory Committee (a Committee studying possible long-term health effects of exposure to phenoxy herbicides and contaminants) to consult directly with, and provide information and recommendations to, Department of the Air Force scientists conducting the Ranch Hand Study. Requires annual reports.
Expresses the sense of the Congress that the President should provide for an annual presentation to congressional defense leaders on the national military strategy of the United States.
Part G: Congressional Findings, Policies, and Commendations
- Recommends and commends the efforts of the Battle of the Bulge Historical Foundation to provide for the installation of a special gallery at the U.S. Army Museum at Fort Meade, Maryland, devoted to the collection, preservation, and exhibition of military artifacts relating to such battle.
Expresses the sense of the Congress that: (1) the earthquake relief assistance provided by U.S. military forces to the Philippine people following a July, 1990 earthquake has played an essential role in their recovery from such incident; and (2) the military personnel and dependents who have provided such assistance should be commended by the Congress.
Part H: Codification of Certain Provisions of Law and Technical Amendments
- Codifies certain defense appropriations provisions. Makes technical amendments to Federal provisions concerning annual manpower strength authorizations, annual manpower requirement reports, and annual reports concerning National Guard and reserve procurement.
Part I: Congressional Medals
- Directs the Secretary of the Treasury to strike a Congressional Gold Medal for presentation to General Matthew B. Ridgeway in honor of his extraordinary service as a military commander and leader during World War II and the Korean Conflict.
Directs the Secretary of the Treasury to strike commemorative medals: (1) for military personnel who participated in combat against Japanese forces during the attack on Pearl Harbor on December 7, 1941; and (2) in honor of the centennial of Yosemite National Park.
Title XV: Armed Forces Retirement Home
- Armed Forces Retirement Home Act of 1991 -
Part A: Establishment and Operation of Retirement Home
- Incorporates the U.S. Soldiers' and Airmen's Home and the Naval Home into an independent establishment in the executive branch to be known as the Armed Forces Retirement Home to provide a residence and related services for certain retired and former members of the armed forces. Defines persons eligible to be residents of the Home. Defines services to be provided to Home residents, including: (1) care authorized by the Retirement Home Board; and (2) the overall health care needs of residents, including medical, dental, and hospital care. Requires monthly fees to be collected from each resident for the provision of such care. States the manner in which the amount of the monthly fee will be determined for current residents of the Naval Home and Soldiers' and Airmen's Home, as well as for new residents.
Establishes the Armed Forces Retirement Home Board to exercise policy oversight over the Retirement Home and oversee the activities of any local boards of trustees. States that each establishment of the Retirement Home shall have a board of trustees to exercise operational oversight over the facility and provide reports to the Home Board at least twice annually. Requires the Retirement Home Board to be responsible for the overall operation of the Retirement Home. Requires the Board to report annually to the Secretary, for transmittal to the Congress, on the financial and other affairs of the Home for that fiscal year. Provides for qualifications, appointments, and terms of directors and staff for each facility of the Retirement Home.
Requires the Inspector General of DOD to conduct inspections of the Home and its records through the Inspectors General of the various military departments concerned and to make specified reports on the results of such inspections, together with recommendations.
Establishes in the Treasury the Armed Forces Retirement Home Trust Fund, to be used solely for the operation of the Retirement Home.
Requires the directors of each facility of the Retirement Home to safeguard and dispose of the effects of a deceased person delivered to the Retirement Home under specified will or devising procedures. Authorizes the sale of such effects if no heir or legal representative can be found within three years from the date of death, with proceeds from such sale deposited into the Fund.
Part B: Transitional Provisions
- Transfers to the Armed Forces Retirement Home Trust Fund all monies in current funds of the U.S. Soldiers' and Airmen's Home and the Naval Home. Repeals Federal provisions referring to either such Home under current law. Makes conforming amendments.
Part C: Effective Date and Authorization of Appropriations
- Provides effective dates. Authorizes appropriations for the Retirement Home for FY 1991.
Title XVI: Charter for 82nd Airborne Division Association, Incorporated
- Grants a Federal charter to the 82nd Airborne Division Association, Incorporated, a nonprofit Illinois corporation. States the powers, objects, and purposes of the Corporation, including: (1) perpetuating the memory of members of the 82nd who fought and died for our nation; (2) providing educational assistance to qualified children of current and former members; (3) promoting civic and patriotic activities; and (4) promoting the indispensable role of airborne defense in our national security.
Title XVII: Missile Technology Controls
- States the policy of the United States with respect to the Missile Technology Control Regime (MTCR) (controlling the acquisition by other countries of missile technology, materials, or weapons of mass destruction).
Amends the Export Administration Act of 1979 (EAA) to state that the Secretary of State shall be responsible for negotiations with other countries regarding their cooperation in restricting the export of missile technology and materials. Directs the Secretary of State to establish and maintain a list of those items to be considered controlled items of missile technology materials. Required validated export licenses to be issued by the Secretary of State to individuals desiring to export such controlled items. Outlines licensing procedures and requires consultation between the Secretaries of State and Defense in the determination for approval of such export licenses. Requires the Secretary of State to establish a procedure for information sharing with appropriate officials of the intelligence community and other appropriate Government agencies that will ensure effective monitoring of transfers of MTCR equipment or technology or other missile technology.
Amends the EAA to provide for the imposition of applicable sanctions against U.S. or foreign persons found to have violated MTCR policies, rules, or regulations, including denial of all export licenses controlled under such Act (not limited to missile technology control items). Provides for the waiver of sanctions in the interest of national security or with respect to MTCR adherents which take enforcement action against violators. Provides other waivers and exceptions and requires reports by the President to the Congress for granted waivers.
Amends the Arms Export Control Act (AECA) to direct the Secretary of State to establish and maintain, as part of the United States Munitions List, a list of all items in the MTCR Annex the export of which is not controlled by provisions of the EAA. Provides for similar joint determination by the Secretaries of State and Defense in the case of an export license for items on the MTCR Annex List, as well as for appropriate information-sharing between Government agencies. Provides similar sanctions under the AECA as applied under the EAA, in each case to be applied by the President when appropriate waivers do not apply. Provides such sanctions for both U.S. and foreign persons found to have transferred such technology items in violation of the AECA. Provides additional waivers and exceptions and requires reports by the President to the Congress for granted waivers.
Directs the President to report semiannually to the Congress on: (1) international transfers of aircraft which the Secretary of State has reason to believe may be intended for use in the delivery of nuclear, biological, or chemical weapons; and (2) international transfers of MTCR equipment or technology to any country that is not an MTCR adherent and that is seeking to acquire such equipment or technology, other than specified countries.
Title XVIII: Strategic Environmental Research and Development Program
- Directs the Secretary of Defense to establish the Strategic Environmental Research and Development Program to: (1) address environmental concerns in the Departments of Defense and Energy; (2) identify research, technologies, and other information developed by the Departments that would be useful to governmental and private organizations in addressing environmental concerns; and (3) provide information on such concerns and technology development. Establishes a Strategic Environmental Research and Development Program Council to prescribe policies and procedures to implement the Program and to enter into contracts, prepare environmental research and development plans, promote the exchange of information, and ensure the nonduplication of efforts with other Federal programs. Requires Council reports and a five-year strategic environmental research and development plan. Places an Executive Director at the head of the Council, to be responsible for the management of the Program and to enter into appropriate contracts. Requires the Secretaries of Defense and Energy to jointly appoint a Strategic Environmental Research and Development Program Scientific Advisory Board. Requires the Council to refer to the Board each proposed strategic environmental research and development project in excess of $1,000,000. Requires the Board to review and make recommendations to the Council with respect to the efficacy and justification of each such project and budget proposal. Requires annual Board reports. Provides due dates for Council and Board reports. Earmarks specified R&D funds authorized under this Act for the Program and its activities.
Division B: Military Construction Authorizations
- Military Construction Authorization Act for Fiscal Year 1991 -
Title XXI(sic): Army
- Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military familyhousing units in specified amounts at specified installations.
Authorizes appropriations to the Army for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, the construction of defense access roads, military family housing functions, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title.
Amends the Military Construction Authorization Act, 1989 to increase the amount authorized for a military construction project at the Tooele Army Depot, Utah. Extends certain prior-year military construction projects.
Title XXII: Navy
- Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations.
Authorizes the Secretary to make advances to the Secretary of Transportation for the construction of defense access roads.
Authorizes appropriations to the Navy for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, the construction of defense access roads, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Extends certain prior-year military construction projects.
Title XXIII: Air Force
- Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations.
Authorizes appropriations to the Air Force for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, the construction of defense access roads, and military family housing functions within the Department. Limits the total cost of construction projects authorized in this title.
Prohibits the expenditure of any funds appropriated under this title for construction of support facilities for the 37th Tactical Fighter Wing at Holloman Air Force Base , New Mexico, until after a expiration of a congressional notification period.
Earmarks specified funds to purchase a certain facility at Edwards Air Force Base, California.
Authorizes the Secretary to acquire a building on Eglin Air Force Base, Florida, for an R&D facility.
Amends the Military Construction Authorization Act for Fiscal Years 1990 and 1991 to terminate the authorization of appropriations under such Act for a military construction project at F.E. Warren Air Force Base, Wyoming.
Directs the Secretary to designate the installation to receive the last operational upgrade for the Minuteman II missile system.
Places certain restrictions on the relocation or realignment of the 37th Tactical Fighter Wing at the Tonopah Research Site, Nevada.
Extends certain prior-year military construction projects.
Title XXIV: Defense Agencies
- Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire three military family housing units and to improve existing military family housing units in specified amounts at specified locations.
Amends the Military Construction Authorization Act, 1987 to extend through FY 1991 the authority of the Secretary to carry out military construction projects not otherwise authorized by law for conforming storage facilities.
Authorizes appropriations to the defense agencies for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, base closure and realignment activities authorized under prior law, conforming storage facilities constructed under prior law, and military family housing functions within DOD. Limits the total cost of construction projects authorized by this title. Increases the amount authorized for a military construction project at Nellis Air Force Base, Nevada. Extends certain prior-year military construction projects.
Title XXV: North Atlantic Treaty Organization Infrastructure
- Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Expresses the sense of the Congress with respect to the appropriate use of NATO Infrastructure Program funds. Authorizes appropriations for fiscal years after 1990 for such contributions. Requires the Secretary to conduct a study of, and report to the Congress on, the possible use by NATO forces of military installations in the United States being closed by DOD.
Title XXVI: Guard and Reserve Forces Facilities
- Authorizes appropriations for fiscal years after 1990 for acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve forces, in specified amounts.
Title XXVII: Expiration of Authorizations
- Terminates all authorizations contained in titles XXI through XXV of this Division on October 1, 1992, or the date of enactment of an Act authorizing funds for military construction for FY 1993, whichever is later, with specified exceptions.
Title XVIII: General Provisions - Part A: Construction, Leasing, Improvements, Disposal, and Utilization of Military Installations and Facilities
- Expresses the sense of the Congress that the practice of dual basing (stationing forces permanently at U.S. military installations with rotating short-term assignments at military installations outside the United States for training or international security purposes) has significant potential as an effective and efficient basing option. Directs the Secretary to report to the defense committees on the manner in which dual basing could be implemented, along with costs, benefits, and obstacles.
Prohibits the expenditure of DOD funds for the relocation of U.S. military activities from Torrejon Air Base, Spain, to Crotone Air Base, Italy, until the Secretary makes a certain certification to the defense committees.
Prohibits DOD or any of its instrumentalities from entering into a lease agreement for administrative space in the National Capital Region in excess of a maximum area specified until the Secretary submits to the Congress a comprehensive long-term plan for DOD leasing space needs in the Region. Prohibits DOD, after FY 1990, from leasing any space in the area known as Buzzard's Point in Washington, D.C.
Transfers jurisdiction, custody, operation, and control of the Pentagon Reservation (the Pentagon building and its surrounding facilities and parking lots) to the Secretary of Defense. Authorizes the Secretary to appoint military or civilian personnel to perform law enforcement or security functions on the Reservation. Establishes in the Treasury the Pentagon Reservation Maintenance Revolving Fund for real property management, operation, construction, repair, alteration, and related activities for the Reservation. Transfers funds to the Revolving Fund.
Amends the Federal Property and Administrative Services Act of 1949 to provide that if the Secretary of a military department determines that land under control of such department is excess property, the Secretary of Defense shall make such property available to another military department or, in the alternative, to the Administrator of General Services for disposal in accordance with the Surplus Property Act of 1944. Requires the Administrator to deposit proceeds of any such property sales in a special account. Requires the Secretary to provide the defense committees with an accounting of each transfer or disposal and the use of its proceeds.
Provides authorized uses for money rentals received pursuant to leases entered into by the Secretary of a military department in the leasing of DOD assets. Directs the Secretary to provide the defense committees with an explanation of each lease from which money rentals will be received together with estimated leasing amounts and expenditures of such amounts.
Expresses the sense of the Congress that the Secretary should not issue a moratorium on military construction during calendar year 1991.
Part B: Military Construction Program Changes
- Amends the Military Construction Authorization Act, 1984 to extend through FY 1991 the military housing rental guarantee program. Limits such program to six family housing projects.
Raises the per-unit cost limitation threshold on military family housing improvements to $50,000 per unit. Authorizes the waiver of such limitation in specified circumstances.
Part C: Land Transactions
- Authorizes the Secretary of the Army to convey a certain parcel of land at Redstone Arsenal, Alabama, to the Solid Waste Disposal Authority of Huntsville, Alabama.
Directs the Secretary of the Army to: (1) release to the University of Arkansas all rights and interest of the United States in specified real property in Arkansas currently leased by the United States from the University; and (2) convey to the University all interests to improvements on such land.
Authorizes the Secretary of the Navy to sell to the San Francisco Bay Area Rapid Transit District a specified portion of the Naval Weapons Station in Concord, California.
Directs the Secretary of the Navy to lease to the city of San Francisco a specified portion of the Hunters Point Naval Shipyard in San Francisco, California.
Directs the Secretary of the Army to transfer to the Secretary of Agriculture administrative jurisdiction of certain real property at the Pinon Canyon Maneuver Site, Colorado, for inclusion in the Commanche National Grassland. Requires the Secretary of Agriculture to administer such lands in order to preserve the paleontological, archeological, wildlife, vegetative, aquatic, and other natural resources of the area.
Directs the Secretary of the Army to convey to the state of Delaware all rights and interest of the United States to a parcel of real property at Cape Henlopen, Delaware, known as the Fort Meade Recreation Area.
Authorizes the Secretary of the Air Force to convey to the city of Valparaiso, Florida, all rights and interest of the United States in specified real property located at Eglin Air Force Base, Florida.
Authorizes the Secretary of the Navy to sell Outlying Landing Field in Whitehouse, Florida, and to use the proceeds for specified purposes.
Authorizes the Secretary of the Army to convey to the city of Columbus, Georgia, all rights and interest of the United States to a specified portion of Fort Benning, Georgia, in exchange for a tract of land to be conveyed to the United States and located adjacent to the southern boundary of Fort Benning. Provides for monetary consideration if the fair market value of the lands exchanged are found to be unequal.
Authorizes the Secretary of the Air Force to sell a specified portion of Robins Air Force Base, Georgia, and to use the proceeds for specified purposes.
Directs the Secretary of the Army to convey to the state of Hawaii all right and interest of the United States in certain lands at the Dillingham Army Airfield, Hawaii. Requires Hawaii to agree to joint civilian and military use of the property as an airfield.
Directs the Secretary of the Army to convey to the Civic Foundation, Incorporated, or to South Bend, Indiana, all rights and interest of the United States in the Northside Army Reserve Training Center in South Bend in exchange for specified real property and improvements.
Authorizes the Secretary of the Navy to convey to St. Mary's County, Maryland, all rights and interest of the United States in two parcels of real property at the Naval Air Test Center, Patuxent River, Maryland.
Authorizes the Secretary of the Navy to convey to Kansas City, Missouri, all rights and interest of the United States in specified real property near the family housing area of the Marine Corps Finance Center, Kansas City, together with improvements.
Authorizes the Secretary of the Army to release to the state of Oregon its reversionary interest in two parcels of real property at Camp Withycombe, Oregon, in exchange for real property comprising Camp Rilea, Oregon.
Directs the Secretary to convey to the University of Utah all rights and interest of the United States in the land comprising Fort Douglas, Utah, in exchange for the waiver by the University of certain entitlements.
Authorizes the Secretary of the Navy to convey to the city of Burlington, Vermont, all rights and interest of the United States in real property comprising the Naval Reserve Center in Burlington. Authorizes the Secretary to use the proceeds to construct a new naval reserve center facility.
Deems "Barracks K" in Arlington, Virginia, as excess property, and authorizes the Administrator of General Services to transfer such property to the Secretary of the Navy.
Directs the Secretary of the Army to convey to the state of Virginia all rights and interest of the United States to a parcel of land located at Fort A.P. Hill, Virginia. Requires Virginia to use such land for the construction and operation of a regional correctional facility.
Authorizes the Secretary of the Navy to convey to the city of Seattle, Washington, all rights and interest of the United States to a specified portion of the Department of the Navy Fort Lawton family housing area, in return for replacement military family housing within the Pudget Sound area.
Part D: Department of Defense Energy Savings
- Directs the Secretary of Defense to designate an energy performance goal for DOD for the years 1991 through 2000 for energy savings at military installations. Directs the Secretary to develop a comprehensive plan to identify and accomplish energy conservation measures to achieve maximum cost-effective energy savings. Provides uses for funds saved through the energy savings program, to be divided between additional energy savings programs and improvements at the installation where such energy savings took place. Directs the Secretary to develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of such contracts with respect to military installations and reduce administrative costs on the part of DOD as well as the private sector. Requires the Secretary to submit annual reports to the Congress on the energy savings program.
Substitutes the life-cycle cost methods contained in the National Energy Conservation Policy Act for current life-cycle cost methods used to determine whether solar or renewable energy systems are cost effective in certain military construction projects.
Part E: Miscellaneous Provisions
- Authorizes the Secretary of the Air Force to pay Florida a specified amount solely to assist such State in relocating the Florida Solar Energy Center from Cape Canaveral Air Station to a new site in Florida not on federally-owned land.
Modifies a statutory avigation easement at Okaloosa Island, Florida, to permit the construction of a water tower.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to increase the authorized square footage of a facility being constructed at Henderson Hall, Virginia.
Authorizes DOD to enter into lease purchase agreements for facilities serving as classrooms and laboratories.
Authorizes the Secretary of the Navy to extract and sell embedded rock and gravel aggregate from the Naval Station, Mirimar, California, and to use the proceeds for specified purposes.
Directs the Secretaries of Defense and Transportation to jointly complete a study of, and report to specified congressional committees on, the desirability and feasibility of converting military airfields to civilian use or to joint military and civilian use. Authorizes appropriations.
Directs the Secretary of Defense to negotiate with the State of Hawaii for an agreement under which the Air Force facilities at Wheeler Air Force Base, Hawaii, would be jointly used for civilian and military purposes.
Extends through FY 1993 the authority of the Secretary of the Air Force to complete a certain land conveyance and boundary settlement determination at Eglin Air Force Base, Florida.
Title XXIX: Defense Base Closures and Realignments - Part A: Defense Base Closure and Realignment Commission
- Defense Base Closure and Realignment Act of 1990 - Establishes the Defense Base Closure and Realignment Commission to oversee the timely closure and realignment of military installations inside the United States. Terminates such Commission on December 31, 1995.
Directs the Secretary of Defense, as part of the budget justification of DOD for FY 1994, 1995, and 1996, to include a force structure plan for the armed forces based on an assessment by the Secretary of the probable threats to national security during the six-year period beginning with the fiscal year for which the budget request is made and of the anticipated levels of funding that will be available for national defense purposes during such period. Requires each force structure plan to be submitted to the Commission.
Directs the Secretary to publish in the Federal Register and transmit to the defense committees the criteria proposed to be used by DOD in making recommendations for the closure or realignment of military installations in the United States, as well as final criteria. Authorizes the Secretary to publish and inform the congressional defense committees of military installations recommended to be closed or realigned on the basis of the force structure plan. Directs the Commission, after receiving the Secretary's recommendations, to conduct public hearings on such recommendations and to report to the President on its findings and conclusions. Authorizes the Commission to change such recommendations, but to include justifications for such changes. Requires the President to transmit to the Commission and the Congress his approval or disapproval of the Commission's recommendations. Directs the Secretary to undertake all approved closures and realignments within specified periods after receiving notice of such approval, unless a joint congressional resolution is enacted disapproving any such closure or realignment. Authorizes the Secretary to take specified action in implementing any base closure or realignment. Directs the Administrator of General Services to delegate to the Secretary certain real property management and disposal authority in order to effectuate such base closures and realignments. Outlines the applicability of the National Environmental Policy Act of 1969 to actions taken by the President, the Commission, and DOD under this title.
Establishes in the Treasury the Department of Defense Base Closure Account 1990 for the deposit of funds for use in activities connected with authorized base closures and realignments. Requires reports on the use of Account funds, on a schedule of base closures and realignments, and a description of military installations to which military functions are to be transferred due to other base closures or realignments. Outlines provisions concerning the congressional consideration of Commission reports and the legislative procedure for consideration of a joint resolution disapproving a recommended base closure or realignment.
States that, during the period beginning on the enactment of this Act and ending on December 31, 1995, this part shall be the exclusive authority for selecting for closure or realignment a military installation inside the United States. Places certain restrictions on other base closure authorities.
Part B: Other Provisions Relating to Defense Base Closures and Realignments
- Expresses the sense of the Congress with regard to the closure of U.S. military installations outside the United States. Directs the Secretary to transmit to the Congress an estimate of the fair market value of improvements made by the United States at each such installation. Establishes in the Treasury the Department of Defense Overseas Military Facility Investment Recovery Account for deposits of payments made to the United States for the residual value of real property or improvements used by civilian or military DOD personnel.
Amends the National Defense Authorization Act, Fiscal Year 1989 to broaden the scope of a report required under such Act from the Commission on Alternative Utilization of Military Facilities.
Authorizes appropriations to the Department of Defense Base Closure Account for environmental restoration at military installations closed or realigned by law. Establishes an environmental response task force to make findings and recommendations to improve interagency coordination and streamline procedures with respect to environmental restoration activities at closed or realigned military facilities.
Requires the Secretary to ensure that, in selecting military installations for closure or realignment, special consideration be given to any official statement from a unit of local government adjacent to or within the installation requesting such action.
Precludes the Air Force, until September 30, 1995, from relocating from Norton Air Force Base, California, any functions of the Ballistic Missile Office that existed on that site on the date that the Secretary transmitted to the Congress his endorsement of the recommendations of the Commission on Base Realignment and Closure. Requires the Secretary to direct the Secretaries of each military department to proceed with the closure and realignments recommended by such Commission.
Directs the Secretary to establish a model program to improve the efficiency and effectiveness of the base closure environmental restoration program. Designates the Assistant Secretary of Defense for Environment as the Administrator of the model program. Outlines program requirements and requires a report on the implementation of program goals.
Division C: Other National Defense Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Part A: National Security Programs Authorizations
- Authorizes appropriations to the Department of Energy (DOE) for FY 1991 for operating expenses incurred and for plant and capital equipment necessary in carrying out national security programs in the following areas: (1) weapons activities; (2) defense nuclear materials production; (3) verification and control technology; (4) nuclear materials safeguards and security technology development program; (5) security investigations; (6) new production reactors; (7) naval reactors development; and (8) capital equipment not related to construction.
Authorizes appropriations to DOE for FY 1991 for carrying out the environmental restoration and waste management programs necessary for national security programs.
Provides funding limitations, out of funds appropriated to DOE, for the following: (1) payment of the second installment of a specified Federal litigation settlement; and (2) the defense inertial confinement fusion program. Prohibits DOE funds from being used for: (1) the design or construction of a special isotope separation facility; or (2) security clearance investigations unless the Secretary of Energy makes certain determinations.
Part B: Recurring General Provisions
- Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy transmits to the appropriate committees a full and complete statement of the action proposed and 30 days have elapsed since such statement was submitted.
Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title.
Authorizes the Secretary of Energy to carry out any general plant project only if the maximum estimated cost of the project does not exceed $1,200,000. Requires reports to specified committees by the Secretary when the costs exceed such amount.
Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost or authorized amount. Exempts from such procedures any projects which have an estimated cost of less than $5,000,000.
Allows for the transfer of funds from specified projects to other Government agencies for the performance of work for which the funds were appropriated.
Authorizes the Secretary of Defense to transfer to the Secretary of Energy specified DOD R&D funds for the inertial confinement fusion program.
Authorizes the Secretary of Energy to perform advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000. Directs the Secretary to notify specified congressional committees whenever the estimated cost of such planning and design exceeds $300,000. Requires specific authorization by law whenever such estimated costs exceed $2,000,000.
Authorizes the Secretary of Energy to perform emergency construction planning and design in order to meet the needs of national defense or to protect property or human life.
Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE.
Part C: Miscellaneous
- Directs the Secretary to prepare and submit to the Congress a report on remanufacture of nuclear stockpile weapons that will require replacement at the end of their stockpile life.
Directs the Secretary to prescribe regulations authorizing the government-owned and contractor-operated laboratories that are funded by DOE national security programs to engage in independent laboratory-directed research and development programs. Provides funding.
Requires the Secretary of Energy to report to the defense committees on DOE's compliance with the National Environmental Policy Act of 1969.
Requires the Secretary to report to the Congress on how the environmental restoration and waste management funds for defense activities of DOE were expended during the preceding fiscal year.
Directs the Secretary to develop, and report to the Congress on, a five-year plan for the management of environmental restoration and waste management activities at facilities under the jurisdiction of DOE.
Extends through FY 1992 the authority of the Secretary to loan personnel and facilities to community development organizations near the Hanford Reservation (a nuclear power site), Washington.
Directs the Secretary to identify single-shell waste tanks at the Hanford Reservation that may have a serious potential for release of high-level waste due to uncontrolled increases in temperature or pressure, to monitor such tanks, and to prepare a report on the safety actions taken with respect to such tanks.
Directs the Secretary to provide funding to the States of Washington, Oregon, and Idaho to develop and implement programs to benefit persons who may have been exposed to radiation released from the Hanford Nuclear Reservation between 1944 and 1972. Requires reports from such States to the Secretary.
Amends the Radiation Exposure Compensation Act to expand the scope of eligibility for benefits coverage to include those persons who were on-site participants in atmospheric nuclear tests. (Currently, coverage includes only those who were in designated affected areas downwind and certain employees of nearby uranium mines who were exposed to radiation and contracted specified cancers.) Revises provisions of such Act with respect to claims and amounts of coverage, as well as offsets for compensation already received as a result of such exposure.
Provides that remedies available against the United States for injury, loss of property, personal injury, or death shall apply to any civil action brought against a contractor for exposure to radiation in carrying out an atomic weapons testing program under a contract with the United States. States that such Federal civil action remedy shall be exclusive of all other remedies in determining civil liability. Outlines civil action procedures.
Expresses the sense of the Congress that the United States shares a special responsibility with the Soviet Union to continue the bilateral Nuclear Testing Talks aimed at achieving further limitations on nuclear testing, including the achievement of a verifiable comprehensive test ban.
Part D: International Fissile Material and Warhead Control
- Urges the President and the Supreme Soviet of the Soviet Union to: (1) cease production by the Soviet Union of plutonium; and (2) maintain the cessation in production by the Soviet Union of highly-enriched uranium for weapons.
Urges the President of the United States, if future international agreements provide for dismantlement of nuclear warheads and a ban on further production of fissile materials for weapons, to establish with the Soviet Union a joint technical working group to examine and demonstrate cooperative technical monitoring and inspection arrangements. Requires the President to prepare a technical report on such verification matters. Directs the President, in order to prepare such report, to establish a Technical Advisory Committee on Verification of Fissile Material and Nuclear Warhead Controls.
Authorizes the Secretary of Energy to use FY 1991 DOE national security program funds to develop and demonstrate a means for verifiable dismantlement of nuclear warheads.
Part E: Department of Energy Science Education Programs
- Department of Energy Science Education Enhancement Act - Amends the Department of Energy Organization Act to provide as a mission of such Act that DOE continue current support of mathematics, science, and engineering education programs by using personnel, facilities, equipment, and resources of DOE and by working with State and local education agencies, institutions of higher education, and business and industry. Authorizes the Secretary to establish programs to enhance the quality of mathematics, science, and engineering education. Outlines further programs and activities to be established or supported by the Secretary in order to support such programs. Allows the Secretary to authorize each DOE research and development facility to enter into education partnership agreements with U.S. educational institutions for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education. Authorizes appropriations.
Title XXXII: Defense Nuclear Facilities Safety Board Authorization
- Authorizes appropriations for FY 1991 for the establishment and operation of the Defense Nuclear Facilities Safety Board.
Amends the Atomic Energy Act of 1954 to authorize the Board to fix the rates of pay of scientific and technical personnel of the Board.
Title XXXIII: National Defense Stockpile
- Authorizes the President to barter material in the National Defense Stockpile (NDS) in order to finance the upgrading, refining, or processing of NDS material. Allows the contract value of bartered materials to be applied toward the total value of materials authorized to be disposed of from the NDS during that fiscal year, and to be treated as an acquisition for purposes of satisfying any requirement imposed on the NDS Manager to enter into obligations during that fiscal year.
Authorizes the transfer of specified funds from the National Defense Stockpile Transaction Fund in order to improve the quality and availability of materials in the NDS or for the development of new materials for the NDS.
Title XXXIV: Civil Defense
- Authorizes appropriations for FY 1991 to carry out the Federal Civil Defense Act of 1950.
Title XXXV: Panama Canal Commission
- Panama Canal Commission Authorization Act for Fiscal Year 1991 - Authorizes the Panama Canal Commission to make such expenditures and contracts and commitments as necessary for the operation, maintenance, and improvement of the Panama Canal, earmarking specified administrative expenses. Authorizes funds to be made available for the purchase of passenger motor vehicles used to transport personnel across the Canal. Authorizes funds to be obligated to permit the payment of pay increases to officers and employees of the Commission to the extent authorized by administrative action. Revises the compensation level for certain Board members of the Commission, as well as certain expenses to be paid for the Deputy Administrator and Chief Engineers of such Commission.
Provides retirement annuity eligibility for certain persons who were employed by the Commission between September 30, 1979, and January 1, 2000.
Amends the Panama Canal Commission Compensation Fund Act of 1988 to provide that payments made in the form of workers' compensation to Commission employees shall be made directly from the Panama Canal Commission Compensation Fund. (Currently, amounts from such Fund are transferred to the Employee Compensation Fund for such payments.) Provides for discontinuance of the Commission Compensation Fund upon a finding by the Secretary of Labor that no further liability exists for workers' compensation benefits for Commission employees.
Division D: Economic Adjustment, Diversification, Conversion, and Stabilization
- Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 - Prohibits the Economic Adjustment Committee, as established by executive order, from being terminated or its duties from being altered unless specifically authorized by a law. Requires the Committee to: (1) coordinate and facilitate cooperative efforts among Federal agencies to implement economic adjustment programs; (2) serve as an information clearinghouse for and between Federal, State, and local entities regarding their defense economic adjustment efforts; and (3) prepare and submit to the President and the Congress annual reports concerning such programs and activities.
Title XLI(sic): Economic Adjustment Planning
- Directs the Chairman of the Economic Adjustment Council to establish procedures to ensure that the heads of appropriate Federal agencies promptly notify the appropriate official or party with respect to any community, business, or group of workers that may be substantially and seriously affected as the result of: (1) the annual budget of the President and any long-term guidance document of the Secretary of Defense; (2) an announcement of a realignment or closure of a military installation or defense facility; or (3) the cancellation or curtailment of a major defense contract. Outlines notice requirements. Provides that any substantially and seriously affected community shall be eligible for economic adjustment planning assistance through the DOD Office of Economic Adjustment. Requires the community, in order to be eligible for such assistance, to suffer the loss of: (1) 2,500 or more employee positions, in the case of a metropolitan or major city area; (2) 1,000 or more positions, in the case of a labor market area outside of a Metropolitan Statistical Area; or (3) one percent of the total number of civilian jobs in that area. Allows communities that have been determined to be a substantially and seriously affected community to be eligible for economic adjustment assistance authorized under the Public Works and Economic Development Act of 1965, subject to the availability of appropriations and to meeting the eligibility requirements. Authorizes appropriations.
Title XLII: Adjustment Assistance for Employees
- Directs the Secretary of Defense to: (1) provide timely information to the Secretary of Labor with respect to the closure or realignment of military installations or cancellation or reduction in defense contracts if any such actions will have a substantial impact on employment; (2) when feasible, identify the location of the planned action; and (3) provide the Secretary with information with respect to such proposed closure, cancellation, or reduction. Directs the Secretary of Labor to notify the Governor of States affected.
Amends the Job Training Partnership Act to authorize the Secretary of Labor to make grants to States and other officials and representatives to provide training, adjustment assistance, and employment services to eligible employees adversely affected by reductions in defense expenditures or by closures or realignment of military facilities. Authorizes the Secretary to make grants to such entities for developing demonstration projects aimed at encouraging and promoting innovative responses to the dislocation resulting from defense expenditure reductions or the closure or realignment of military installations. Authorizes appropriations, limiting the amount of administrative expenses to be paid.
Title XLIII: Expansion of Business Capital Assistance Programs
- Directs the President to transmit to the Congress recommendations regarding ways that assistance provided pursuant to the business loan program under the Small Business Act may be used to respond to the consequences of defense budget reductions.
Authorizes the Economic Development Administration (in the case of assistance under the Public Works and Economic Development Act of 1965) and the Office of Economic Adjustment (in the case of planning assistance under Federal armed forces provisions) to award planning assistance under such programs to any substantially and seriously affected community, business, or group of workers if such funds are determined necessary by the agency on a case-by-case basis.
Expresses the sense of the Congress that U.S. businesses undergoing a transition from defense production to nondefense production will need assistance in seizing export markets overseas. States that the annual direct lending authority of the Export-Import Bank of the United States should be increased in order to provide financial support for such businesses. Requires the President to report to the Congress assessing the feasibility and desirability of a program for increasing the amount of such direct loan authority. Requires the Bank to consider the effect on such businesses of the transition from defense to nondefense production.
Directs the Administrator of the Small Business Administration, in determining whether to provide financial or other assistance under the Small Business Act or other appropriate programs, to take into account the fact that such product or service is produced or provided by any business or group of workers which: (1) has been substantially and seriously affected by defense budget reductions; and (2) is in transition from defense to nondefense production. Requires coordination of activities and assistance with other Federal agencies. Requires reports from the Bank and the Administrator regarding the provision of any assistance.
Directs the Secretary of Commerce and the Administrator of the SBA to provide any business affected by defense budget reductions with a complete description of available programs which provide any business with any planning assistance, financial, technical, or managerial assistance, workers retraining assistance, or other authorized assistance. Requires the Secretary and the Administrator to ensure the timeliness of the provision of such information.
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Bill titles: To authorize appropriations for fiscal year 1991 for military functions of the Department of Defense and to prescribe military personnel levels for fiscal year 1991, and for other purposes.; Armed Forces Retirement Home Act of 1991; Atomic Testing Liability Act; Defense Acquisition Workforce Improvement Act; Defense Base Closure and Realignment Act of 1990; Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990; Department of Energy Science Education Enhancement Act; Military Construction Authorization Act for Fiscal Year 1991; Panama Canal Commission Authorization Act for Fiscal Year 1991
Original source documents: Digest of the Congressional Record vol. 136, p. 13534;
Links for more info on the vote: congress.gov
