Clerk session vote number: 99
Description: MICHEL SUBSTITUTE
Bill summary: National Defense Authorization Act for Fiscal Years 1992 and 1993 -
Division A: Department of Defense Authorizations
Title I: Procurement - Part A: Funding Authorizations
- Authorizes appropriations to the Army, Navy and Marine Corps, and Air Force for FY 1992 and 1993 for: (1) aircraft; (2) missiles; (3) weapons; (4) tracked combat vehicles; (5) ammunition; (6) shipbuilding and conversion; and (7) other procurement. Authorizes appropriations for FY 1992 for: (1) procurement by the
defense agencies; (2) procurement for the Defense Inspector General; (3) procurement for the reserves; and (4) the destruction of lethal chemical weapons (the chemical demilitarization program).
Authorizes the Secretaries of the Army and the Navy to use FY 1992 funds to enter into multiyear procurement contracts for specified weapons systems.
Part B: Army Programs
- Prohibits any funds appropriated to the Army under this Act from being used to initiate the closure of any portion of the tank industrial base. Directs the Secretary of the Army to obligate a specified amount of advanced procurement funds appropriated to the Army for FY 1991 for the M1A2 tank program. Repeals a specified provision of the National Defense Authorization Act for Fiscal Year 1991 made inconsistent by this provision. Earmarks specified FY 1992 funding for conversion to the M1A2 tank configuration.
Repeals the authority of the Army to enter into long-term leases for new training helicopters.
Earmarks funds (with limitations) for the modernization of AH-64 helicopters.
Waives a helicopter procurement limitation contained in the National Defense Authorization Act for Fiscal Years 1990 and 1991 with respect to the obligation of specified FY 1992 funding for AHIP Scout helicopters.
Part C: Navy Programs
- Authorizes the Secretary of the Navy to transfer specified FY 1991 research and development (R&D) funds for the procurement of Navy aircraft.
Authorizes the Secretary of the Navy to use FY 1991 Harrier aircraft procurement funds for other authorized programs, projects, and activities within the Navy for aircraft procurement, with certain fund use limitations.
Directs the Secretary of Defense (Secretary) to report to the Senate and House Armed Services and Appropriations Committees (defense committees) concerning procurement objectives for air cushion landing craft.
Authorizes the Secretary of the Navy to transfer specified funds from FY 1991 unobligated balances for the FY 1992 procurement of Trident missiles.
Part D: Air Force Programs
- Earmarks specified FY 1992 Air Force procurement funds for procurement, including advance procurement, for the B-2 bomber aircraft program. Places certain limitations on new B-2 production aircraft, including certain certifications and reports by the Secretary.
Requires the Director of Operational Test and Evaluation of the Department of Defense (DOD) to review all B-1B bomber aircraft flight test data related to the electronic countermeasures system for such aircraft and report to the defense committees on the results of such study. Requires the Secretary to evaluate the costs and effectiveness of maintaining or enhancing the capabilities of such aircraft and report to the defense committees on the results of such evaluation. Requires the Comptroller General to review both such reports and report to the defense committees on the results of such review, together with recommendations. Earmarks specified FY 1992 Air Force funds for procurement of B-1B aircraft, with limitations on funding for various portions of the B-1B bomber aircraft program. Repeals a provision of the National Defense Authorization Act for Fiscal Years 1990 and 1991 which provides funding for B-1B avionics modifications. Prohibits funding for the radar warning receiver project.
Earmarks specified FY 1992 Air Force funds for procurement of C-17 aircraft. Prohibits the obligation of any such funds other than funds for advance procurement until the Secretary makes certain certifications to the defense committees concerning such aircraft. Prohibits the obligation of FY 1993 funds for such aircraft until the Air Force and the Director of Operational Test and Evaluation have taken certain action concerning such aircraft.
Allows funds available for obligation for the procurement of certain engine remanufacture kits to be so obligated only if the contract includes a warranty on the reliability of the complete engine.
Amends the National Defense Authorization Act for Fiscal Year 1991 to revise certain funding limitations on the advance procurement of the Advanced Cruise Missile.
Directs the Secretary to develop and implement a plan to correct the contractor failure to deliver flight-data transmitters for the air-launched cruise that comply with applicable cold-temperature specification requirements. Requires the Secretary to review the testing methodologies used to ascertain compliance with such requirements, including an assessment of applying such methods uniformly throughout DOD. Requires the Secretary to report to the Congress on such plan and review.
Authorizes the Air Force to use the proceeds from the sale of F-15 aircraft to Saudi Arabia to purchase F-15E replacement aircraft and to procure certain support equipment.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to remove a funding limitation on the AMRAAM missile program if the Director of Operational Test and Evaluation (OTE) reports to the defense committees on its effectiveness and suitability for combat.
Limits to 12 the number of new production F-117 aircraft that may be procured using funds appropriated for fiscal years after FY 1991.
Part E: Defense Agency Programs
- Earmarks specified defense agencies procurement funds for the procurement of three Gulfstream operational support aircraft to be assigned to meet the operational support requirements of DOD.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to allow the procurement of contractor-furnished equipment in connection with the MC-130 aircraft program.
Delays until one year after the date of enactment of this Act the major defense program testing requirements currently applicable with respect to the MH-47E and 60K helicopter modification programs.
Part F: Other Matters
- Extends until July 31, 1999, the date for the elimination of the U.S. chemical weapons stockpile under the Department of Defense Authorization Act, 1986. Amends the Department of Defense Authorization Act, 1986 to authorize the Secretary to provide funds through cooperative agreements with State and local governments to assist them in processing and approving permits and licenses for the construction and operation of facilities for the chemical demilitarization program.
Amends the National Defense Authorization Act for Fiscal Year 1991 to prohibit before October 1, 1992, the use of funds for the construction of towers or related support facilities in connection with the Ground-Wave Emergency Network System.
Prohibits the obligation or expenditure of funds appropriated for FY 1992 or earlier for the redeployment or transfer of operationally deployed Minuteman III ICBMs from one Air Force base to another. Prohibits any such missile in storage from being transferred to a Minuteman II silo until the Secretary submits to the Congress a plan for the restructuring of U.S. strategic forces consistent with the START Treaty signed by the United States and the Soviet Union.
Title II: Research, Development, Test, and Evaluation - Part A: Authorizations
- Authorizes appropriations for FY 1992 for the armed forces, the defense agencies, the Deputy Director of Defense Research and Engineering, and the Director of OTE. Earmarks a specified amount of such funding for: (1) basic research and exploratory development; and (2) manufacturing technology. Requires the Secretary to submit to the Congress an annual (currently, one-time) national defense manufacturing technology plan. Prohibits funds appropriated for FY 1992 or 1993 from being obligated for a manufacturing technology-related research and development (R&D) activity unless that activity is: (1) included in an annual plan; (2) required by law; or (3) specifically approved by the Secretary.
Authorizes the Secretary of the Navy to use FY 1991 Sea Lance funds for: (1) certain program termination costs related to such program; and (2) other authorized programs, projects, and activities of the Navy for R&D for FY 1991 or 1992.
Part B: Program Requirements, Restrictions, and Limitations
- Earmarks specified FY 1992 R&D funding for development, manufacture, and operational test of three production representatives of the V-22 Osprey aircraft. Directs the Secretary of the Navy to transfer certain FY 1991 funds, as available, to such program. Earmarks specified FY 1992 defense agencies R&D funds for the special operations variant of such program.
Prohibits the Secretary from: (1) testing the Mid-Infrared Advanced Chemical Laser transmitter and associated optics against an object in space during 1992 unless such testing is specifically authorized by law; or (2) classifying the acquisition costs and schedule for the A-(X) naval attack aircraft program at the special access classification level.
States certain congressional findings with respect to the upcoming Engineering and Manufacturing Development Phase (EMD Phase) of the F-22 Advanced Tactical Fighter (ATF) aircraft program. Directs the Secretary of the Air Force to elevate manufacturing considerations during the EMD Phase in a specified manner. Directs such Secretary to report to the defense committees covering the production processes and the analysis supporting those processes which are ultimately selected for use in production of the ATF aircraft.
Directs the Secretary to develop a plan by which DOD, beginning in FY 1993, will modernize the supercomputer capability of DOD laboratories. Requires such plan to be developed and submitted to the Senate and House Armed Services Committees no later than April 1, 1992. Prohibits the procurement or leasing of equipment from a non-U.S. computer manufacturer unless the Secretary certifies to the Congress that no U.S. manufacturer can meet such procurement or leasing requirements.
Empowers the Director of Defense Research and Engineering with primary responsibility for developing and testing naval countermeasures systems during FY 1993 through 1997, unless the Secretary waives such requirement by certain certifications to the defense committees.
Prohibits, after December 31, 1991, funds appropriated or made available to the Navy for FY 1992 and 1993 from being obligated for R&D for non-acoustic anti-submarine warfare unless the Secretary makes certain certifications to the defense committees concerning such program.
Directs the Secretary of the Navy to report to the defense committees an analysis of the Navy requirements for antisubmarine weapons systems and Navy programs and plans for meeting such requirements.
Directs the Secretary of the Navy to establish a naval surface fire support R&D program. Directs the Secretary to report to the defense committees a review for investigation, demonstration, and evaluation of potential technologies and weapons systems for improving ship-to-shore fire support. Requires an initial and follow-up report in connection with ship-to-shore fire support requirements. Requires the Secretary of Defense to provide for an independent study of naval ship-to-shore fire support requirements by the Institute for Defense Analysis and requires the Secretary to submit an interim and final report with respect to such independent study. Earmarks specified funds for such studies.
Directs the Secretary to establish or designate a DOD office to be responsible for the Superconducting Magnetic Energy Storage Project. Directs the Secretary to develop a plan for such Project, to be submitted to the Congress. Earmarks specified FY 1992 R&D funding for planning and initial design activities for such Project.
Authorizes the Secretary of the Navy to transfer specified unobligated FY 1991 shipbuilding and conversion funds for FY 1992 for R&D in connection the sealift program established under the National Defense Authorization Act for Fiscal Year 1991.
Earmarks specified FY 1992 R&D funds for the ICBM modernization program. Prohibits the obligation of any such funds until the Secretary certifies to the defense committees that a sufficient amount of such funds will be available to conduct a program of R&D of mobile basing options for the small ICBM program consistent with prior law. Requires certain reports from the Secretary to the defense committees concerning such programs. Earmarks certain FY 1991 unobligated Air Force R&D funds for the procurement of MX missiles. Directs the Secretary to report to the defense committees on the cost and practicability of extending the service life of existing Minuteman III ICBMs beyond the year 2010.
Part C: Missile Defense Program
- Missile Defense Act of 1991 - States the missile defense goals of the United States, including: (1) the deployment of an anti-ballistic missile system capable of providing an effective defense against ballistic missiles; (2) maintaining strategic stability; and (3) providing effective theater missile defenses (TMDs) to forward-deployed and expeditionary U.S. forces and to friends and allies of the United States. Endorses as further goals: (1) joint discussions between the United States and the Soviet Union on strengthening nuclear command and control; (2) strategic weapons reductions from both countries to levels below START Treaty limitations; and (3) increased efforts to halt the proliferation of ballistic missiles and weapons of mass destruction.
Directs the Secretary to aggressively pursue the development of a range of advanced theater missile defenses (TMDs) with the option of selecting and deploying such systems by the mid-1990s. Directs the Secretary, by FY 1996, to develop for deployment an effective and ABM Treaty-compliant anti-ballistic missile (ABM) system at a single site to protect the United States against limited ballistic missile threats, including accidental or unauthorized launches or Third World attack. Requires the Secretary to submit to the defense committees a deployment plan for TMDs and an ABM system which meet such guidelines. Urges the President to immediately pursue negotiations to amend the ABM Treaty to permit completion of the ABM system as described and to adopt a new negotiating strategy to reach agreements with the Soviet Union with respect to sites, interceptors, and the development and testing of space-based missile defenses and ballistic missile defenses. States that increased funding for follow-on ABM technologies is currently required as part of U.S. defense policy, including the Brilliant Pebbles technology. Directs the Secretary to report to the defense committees on issues associated with the option of deploying space-based interceptors, including Brilliant Pebbles, for providing global defenses against ballistic missile attacks. Prohibits obligation of more than 50 percent of FY 1992 funding for the Brilliant Pebbles program until 45 days after submission of the Secretary's report.
Defines the following exclusive program elements of the Strategic Defense Initiative (SDI): (1) the limited defense system; (2) theatre missile defenses; (3) space-based interceptors; (4) other follow-on systems; and (5) research and support activities. States that such elements shall be the only program elements referred to in support of SDI budget submissions for any fiscal year. Provides the R&D program funding for SDI and earmarks specific amounts for each of the program elements. Earmarks specified amounts for an environmental impact statement and related studies, surveys, assessments, and analyses related to the program elements. Requires a report from the Secretary on the FY 1992 allocation of funding for SDI. Provides certain funds transfer authority, with limitations. Directs the Administrator of General Services to transfer accountability of the real property known as Grand Forks, North Dakota, to the Secretary of the Army for use as a site deployment area. Directs the President and the Congress, as single-site ABM deployment nears its target date of FY 1996, to review the progress in the ABM Treaty amendments negotiations. Requires an interim report on the progress of such negotiations.
Part D: Other Missile Defense Matters
- Endorses a continuing program of cooperative R&D, jointly funded by the United States and Israel, on the Arrow Tactical Anti-Missile program with a view to proving out the feasibility and practicality of the system. Authorizes the Secretary to obligate specified FY 1992 R&D funds for such program for initiating R&D to deploy the Arrow missile in the future. Prohibits funds from being obligated for such program unless: (1) the two countries enter into a Memorandum of Understanding governing the funding of such effort; and (2) the Secretary and the President make certain certifications to the Congress.
Prohibits the obligation or expenditure of FY 1992 funding for the development and testing of ABM systems or components except as consistent with the development and testing described in the May 1991 SDIO Report, or for the acquisition of materials or equipment used as part of such development and testing except as consistent with such Report, with an exception.
Part E: Other Matters
- Earmarks specified amounts of such funds for R&D of medical countermeasures against a validated biowarfare threat agent or long-term biowarfare threat agent. Earmarks specified amounts of such funds for R&D against long-term biowarfare threat agents only.
Earmarks specified FY 1992 R&D funds for R&D under the University Research Initiative program of DOD, with amounts earmarked for research in advanced manufacturing technologies and industrial processes.
Earmarks specified R&D funds from this Act for a grant to the institution selected by the Institute for Advanced Science and Technology for research purposes. Directs the Secretary to ensure that the Federal share of construction costs does not exceed 50 percent of the total cost of the project. Requires the grant to be used to support the development of critical technologies.
Earmarks specified FY 1992 defense agencies funds for a grant to a nonprofit organization or institution of higher education for establishing an advanced applied technology demonstration facility for environmental technology. Outlines grant qualification and cost-sharing requirements.
Earmarks specified FY 1992 R&D funds for R&D projects conducted jointly by the United States and Japan as part of a prior cooperative technology R&D agreement.
Directs the Secretary, as part of annual defense budget documents required to be submitted to the President, to set forth the proposed amount of DOD funding for each federally-funded research and development center for the fiscal year. Requires the Secretary to annually report to the defense committees actual obligations and man-years of effort expended at each center during that fiscal year. Prohibits funds made available to DOD for FY 1992 or 1993 at any of specified centers for work performed in excess of a specified amount of man-hours. Limits the FY 1992 and 1993 DOD funds to be obligated for the center known as MITRE. Authorizes the Secretary to waive such limitations upon certain congressional notifications and determinations.
Includes one representative each from the Army, Navy, Air Force, and Coast Guard within the membership of the Strategic Environmental Research and Development Program Council. Adds the Administrator of the National Oceanic and Atmospheric Administration as a permanent board member of the Strategic Environmental Research and Development Program Scientific Advisory Board.
Title III: Operation and Maintenance - Part A: Authorization of Appropriations
- Authorizes appropriations for FY 1992 and 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserve components of the armed forces, the National Guard, the National Board for Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, and humanitarian assistance. Authorizes the armed forces and the defense agencies.
Authorizes appropriations for FY 1992 from the Armed Forces Retirement Home Trust Fund for the operation of the Armed Forces Retirement Home.
States that funds authorized under this Act for humanitarian assistance shall be used to provide transportation for humanitarian relief for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Earmarks specified sums for noncombatants at or near the border between Thailand and Cambodia. Authorizes the Secretary to transfer specified sums to the Secretary of State for FY 1992 for providing such humanitarian assistance, requiring the Secretary of State to use the most economical commercial or military transportation possible. Requires the Secretary of Defense to report to specified congressional committees on specified dates on the provision of such assistance.
Authorizes the Secretary to provide logistical support and personnel services in connection with the: (1) 1993 World University Games in New York State; and (2) 1996 games of the XXVI Olympiad in Atlanta, Georgia. Authorizes appropriations.
Authorizes the Secretary, during FY 1992 and 1993, to lend materials or supplies, and to provide materials, supplies, or services of personnel, to the Inaugural Committee or to specified joint committees specified under the Presidential Inaugural Ceremonies Act.
Part B: Limitations
- Limits the incurring of obligations against DOD stock funds during FY 1992 to 80 percent of the sales from such funds during such fiscal year, with a waiver of such limitation for national security reasons.
Repeals the requirement for the authorization of civilian DOD personnel by end strength.
Prohibits the Secretary from proceeding further with a planned consolidation of supply depots until the Secretary makes an analysis of results of supply depot consolidations, makes certain determinations, and reports to the Congress on analysis results and the determinations. Excepts certain consolidations from such limitation.
Requires no less than 60 percent of the total depot maintenance of material in the Army and Air Force to be performed by employees of DOD. Prohibits DOD civilian employees involved in such maintenance from being managed on the basis of any end strength or limitation on the number of such employees who may be so employed on the last day of a fiscal year. Permits such employees to be managed solely on the basis of available workload and funds. Authorizes the Secretaries of the Army and the Navy to waive such limitation for national security reasons. States that such limitation shall not apply with respect to the Sacramento Army Depot, California. Requires reports from the Secretaries on the progress made to achieve and maintain the required workload percentage during the preceding fiscal year.
Directs the Secretary of Defense, during FY 1992 and 1993, to conduct a pilot program under which competitive procedures are used to select entities to perform depot-level maintenance of material for the Departments of the Army and Air Force, with a limitation. Requires the Comptroller General to report to the Congress an evaluation of all depot maintenance workloads of DOD that are performed by an entity selected using competitive procedures. Requires the Secretary to report to the Congress: (1) on a five-year strategy of DOD to use competitive procedures for the selection of entities to perform depot maintenance workloads; and (2) describing the cost savings anticipated through the use of such procedures.
Extends through FY 1993 the authority of base commanders over the contracting for commercial activities at such base.
Authorizes the Secretary, between the date of enactment of this Act and April 15, 1993, to manage the performance of the working capital funds and other support activities through the use of a single Defense Business Operations Fund. Prohibits such Fund from being used for any other purpose.
Prohibits the Secretary from using DOD stock funds for the acquisition of supply items if such acquisition is likely to result in an on-hand inventory of such items in excess of two years of operating stocks. Authorizes the head of a procuring activity to acquire such item under certain circumstances.
Part C: Environmental Provisions
- Requires contractors and subcontractors who handle hazardous wastes from defense facilities, once such wastes are received, to reimburse the Federal Government for liabilities, penalties, costs, and damages that are caused by the contractor's or subcontractor's breach of terms, negligent or willful acts, or omissions. Requires the contractor or subcontractor to demonstrate that it will reimburse the Government for such liabilities or damages within 30 days after a contract or subcontract is awarded. Outlines provisions concerning applicability, exceptions, and definitions for purposes of such reimbursement provisions.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1994 (currently, 1992) the waste minimization program of DOD.
Prohibits FY 1992 environmental restoration funds from being used for the payment of fines or penalties not related to activities funded by the account.
Requires all remedial investigations and feasibility studies related to environmental restoration activities at each military installation which is to be closed pursuant to current law, or which is on the National Priorities List to be closed in the near future, to be completed within 24 and 36 months, respectively, after the enactment of this Act. Allows six-month extensions of such deadlines in certain individual cases after a congressional notification period. Requires the President to include in each annual budget an estimate of the funding levels required by DOD to comply with such requirements.
Prohibits funds made available to DOD during FY 1992 or 1993 from being obligated or expended for the purchase of surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD.
States that, if it is necessary for a contractor to furnish a performance surety bond for any contract under the defense environmental restoration program, the provisions of the Miller Act (an Act requiring contracts for the construction, alteration, or repair of any public building or public work to be accompanied by a performance bond protecting the United States) shall apply. Entitles the surety on such a bond to any indemnification or limitation of liability to which its principal is entitled under the contract or other applicable law. Prohibits any person other than the obligee named in the bond from having a right of action on any performance bond so furnished. Outlines liability limits for a performance bond surety in a defense environmental restoration program contract.
Part D: Other Matters
- Adds specified information to be included in an annual report from the Secretary on the defense capabilities and programs of the armed forces.
Allows funds appropriated to DOD for a fiscal year to be available for the maintenance and operation of equipment.
Directs the Secretary to conduct a demonstration project at the Naval Base and the Naval Air Station in Norfolk, Virginia, under which the proceeds from the sale of lost, abandoned, or unclaimed property found on such installations shall be credited to the operation and maintenance account and used for cost reimbursement or recreational activities at such installations. Terminates the program one year after the enactment of this Act. Requires a program report from the Secretary to the Congress.
Amends the Defense Authorization Amendments and Base Closure and Realignment Act to provide for the use of proceeds from: (1) the adjustment of or surcharges on selling prices at commissary stores; or (2) a nonappropriated fund instrumentality. Requires such proceeds to be placed in an account and used for acquiring, constructing, or improving commissary stores and nonappropriated fund instrumentalities. Makes identical amendments to the Defense Base Closure and Realignment Act of 1990 and appropriate Federal law relating to actions of the Defense Base Closure and Realignment Commission.
Authorizes the use of appropriated funds (currently, nonappropriated funds only) for reimbursement of incidental expenses of persons providing voluntary services for programs operated by a military department or the Coast Guard.
Authorizes the Secretary to waive a Federal provision prohibiting severance pay to foreign nationals from being included as an allowable defense contractor cost when such payments are incurred by financial institutions operating military banking facilities outside the United States. Prohibits such waiver from applying with respect to a contractor that is owned or controlled directly or indirectly by citizens or nationals of a foreign country.
Requires the Secretary to set forth a uniform system for the valuation of inventory items by military departments and defense agencies. Requires regulations concerning inventory management to require inventory records to: (1) provide up-to-date information on all items in the inventory of DOD; (2) indicate whether the inventory of each item is sufficient or excessive; and (3) permit the Secretary to include in annual budget information submitted to the Congress information relating to amounts proposed for each appropriation account for inventory purchases of DOD and the amounts obligated for such purchases out of the corresponding appropriations account for the preceding fiscal year.
Directs the Secretary to take necessary action to prevent the inadvertant introduction of brown tree snakes from Guam to Hawaii in aircraft and vessels transporting personnel or cargo for DOD.
Authorizes the Secretary to donate not more than 15 tons of cruise missile scrap to the Memorial Fund for Disaster Relief.
Empowers the Commandant of the Marine Corps with primary responsibility within DOD for managing the maritime prepositioning ships programs of DOD during FY 1993 and 1994. Authorizes the Secretary to empower an alternate person with such responsibility after a certain certification to the Congress.
Title IV: Military Personnel Authorizations
Part A: Active Forces
- Authorizes end strengths for active-duty forces for FY 1992 and 1993.
Requires the Secretary to have an independent research and development center conduct an assessment of the structure and mix of active and reserve forces appropriate for carrying out assigned missions in the mid- to late-1900s. Requires the center to submit interim and final reports to the Secretary, to be further submitted to the defense committees. Provides funding for the assessment.
Part B: Reserve Forces
- Authorizes end strengths for active-duty forces for FY 1992 and 1993. Allows such end strengths to vary by up to two percent. Authorizes reductions for the Selected Reserve components for each such fiscal year. Authorizes end strengths for FY 1992 and 1993 for reserve personnel serving on active duty in support of the reserves.
Directs the Secretary of the Army, during FY 1993, to conduct a pilot program to provide active component advisers to combat units and support units of such combat units in the Selected Reserve that have a high priority for deployment. Outlines program objectives and the types and number of personnel to be assigned to such program.
Authorizes such Secretary to expand or modify the program as necessary based on program results.
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1998 (currently, 1997) the authorized end strengths for Army Reserve and Army National Guard personnel serving in support of the reserves.
Part C: Military Training Student Loads
- Authorizes the average military training student loads for FY 1992 and 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act.
Part D: Other Personnel Strength Matters
- Reduces the number of permanent active-duty Air Force colonels.
Title V: Military Personnel Policy
Part A: Officer Personnel Policies
- Prohibits, after the end of FY 1996, an individual from receiving an original appointment as a commissioned officer in the regular armed forces until such individual has served at least one year on active duty as a commissioned officer in a reserve component.
Reduces from 90 to 60 the number of days after an officer is relieved from duty that certain generals and flag officers awaiting retirement shall continue to hold such grade.
Excludes from a list of officers submitted to a selection board for consideration for early retirement any officer of that grade and competitive category who has been approved for retirement during the fiscal year in which the selection board is convened, or, if different, for retirement in the fiscal year in which any officer selected for the selection board is required to retire. Provides an alternate retirement date for officers not considered by a selection board under such exception, unless the Secretary of the military department concerned approves a modification to such date in order to prevent a personal hardship for the officer or for other humanitarian reasons. Provides a temporary early retirement selection authority for officers holding a regular grade below the grade of lieutenant colonel or commander who will become eligible for retirement before being retired by a selection board and whose names are not on an officer promotion list.
Directs the Secretary to prescribe uniform regulations governing information furnished to selection boards convened for determining promotions, separations, and involuntary retirements of officers on the active-duty list. Requires the Secretary to approve any supplements to such regulations proposed by the Secretaries of any of the military departments. Requires each communication made to such a selection board to be made to each member and made a part of the record. Outlines specific information authorized to be received by a selection board, prohibiting any other types. Directs the Secretary concerned to provide that the officer to be placed before a selection board: (1) is notified that information will be presented to the board; and (2) is afforded a reasonable opportunity to comment on such information. Provides that recommendations of a selection board may be disclosed only in accordance with regulations prescribed by the Secretary and in no event may such recommendations be disclosed to any person who is not a member of the board until each board member has signed the written report of the recommendation.
Prohibits a Secretary convening a selection board, or any officer exercising authority over any member of a board, from: (1) censuring, reprimanding, or admonishing such board member with respect to a recommendation or the exercise of any board function; or (2) attempting to coerce or influence any action of a selection board or any of its members. Provides that if the Secretary or Secretary concerned recommends that the name of an officer be removed from a report of a selection board and the recommendation includes information that was not presented to that board, such officer shall be afforded a reasonable opportunity for comment on such information to the recommending officials and the officials reviewing such recommendation. Revises provisions concerning the inclusion of officers to be considered for promotion by a selection board from below the promotion zone.
Allows the Secretary to authorize the Secretaries concerned to preclude from consideration by selection boards for promotion to the grade of brigadier general or rear admiral, (lower half) officers in the grade of colonel or Navy captain who: (1) have been considered but not selected for promotion to such grades by at least two selection boards; and (2) are determined as not being exceptionally well qualified for promotion.
Authorizes the Chief of Naval Operations and the Commandant of the Marine Corps to be retired in the highest grade in such service in the discretion of the President, by and with the advice and consent of the Senate (currently, in the discretion of the President alone).
Allows a retired officer ordered to return to active duty to serve in such new duty in the highest grade in which such officer satisfactorily served while on such former duty, except that such officer may not be ordered to active duty in a grade above major general or rear admiral. Advances such officer to such higher grade on the retired list if, after serving such new duty, such officer has satisfactorily served on active duty in such grade for at least 36 months.
Part B: Service Academies
- Limits the authorized strength of midshipmen and cadets at the respective military service academies to 4,000 total at each such academy for class years beginning after 1994. States that such reductions may not be achieved by reducing the current number of authorized appointments to the service academies. Directs the Comptroller General to determine the annual percentage of newly commissioned officers for each armed force who were graduates of a service academy and to report to the Congress on appointment policies to maintain the historical average of those percentages for each armed force.
Removes the requirement that each candidate for admission to the Naval Academy must have served at least one year as an enlisted member.
Directs the Secretary to appoint a board to review the administration of the athletics programs of the military academies and to determine ways in which the administration of such programs can serve as a model for civilian institutions of higher education.
Authorizes the Secretary of the military department concerned to waive the current service academy maximum appointment age of 22 in the case of persons who became 22 while serving in the Persian Gulf or who were candidates for admission but were prevented from being admitted due to being called to duty in connection with the Persian Gulf War.
Part C: Reserve Personnel
- Directs the Secretary of the Army to increase for FY 1992 the number of officers assigned to full-time support and training of Army National Guard combat units.
Authorizes the Secretary of the Army to appoint as a cadet in the Army Reserve or Army National Guard an eligible member of the Guaranteed Reserve Forces Duty Scholarship Program enrolled in the Advanced Course of the Army Reserve Officers' Training Corps at a military college, military junior college, or civilian institution. (Currently, only students at a military junior college are eligible for such appointment.) Requires such individuals to be appointed as second lieutenants in the Army Reserve or Army National Guard. Requires the Secretary of the Army to report to the defense committees on the feasibility and desirability of increasing the number and types of senior ROTC scholarships available for recruitment of officers for the Army National Guard and Army Reserve.
Prohibits, as of October 1, 1995, any person from being appointed to the grade of captain in the Army, Air Force, or Marine Corps Reserve, or lieutenant in the Navy Reserve, or from being federally recognized in a grade above first lieutenant in the Army or Air National Guard, unless that person has been awarded a baccalaureate degree by an accredited educational institution.
Provides that, in making original officer appointments in the Reserve or National Guard, the Secretary of the military department concerned shall give priority to those persons who have completed a ROTC program at an accredited institution.
Authorizes the Secretary concerned to waive a current prohibition on certain reserve service with the ROTC program if such Secretary determines that the removal of such member from such assignment will cause a financial hardship for such member.
Directs the Secretary to report to the Armed Services Committees on the supervision, management, and administration of the Marine Corps Reserve.
Directs the Secretary of the Army to report to the Armed Services Committees on increased educational training for new Army National Guard officers.
Expands the duties for which members of the reserves are entitled to military leave from Federal employment to include the provision of assistance to civil authorities in protecting or saving lives or property or the prevention of injury.
Part D: Assignment of Women in the Armed Forces
Subpart 1: Statutory Limitations
- Repeals Air Force and Navy and Marine Corps provisions which prohibit the assignment of female members to combat aircraft.
Subpart 2: Commission on the Assignment of Women in the Armed Forces
- Establishes the Commission on the Assignment of Women in the Armed Forces to study all matters relating to the assignment of women in the armed forces and to make findings on: (1) the implications on combat readiness of permitting women to be assigned to all combat positions; (2) the social and cultural implications of such position assignments; (3) the advisability of permitting only voluntary assignments of women to combat positions and of permitting involuntary assignments; (4) the advisability of requiring women to register and be drafted under the Military Selective Service Act; (5) the legal and policy implications of permitting women to qualify for assignment to combat positions; (6) the extent of the need to modify facilities, vessels, vehicles, aircraft, and other equipment to accommodate women assigned to combat positions, as well as the costs of such action and its practicality; and (7) the effects of existing laws relating to the recruitment, assignment, and promotion of women in the armed forces on combat readiness, opportunities for women in the armed forces, and the quality of personnel in the armed forces. Directs the Commission to transmit a final report to the President by November 15, 1992. Requires the President, by December 15, 1992, to transmit such report to the defense committees, along with comments and recommendations. Outlines administrative provisions concerning Commission powers, procedures, personnel matters, and expenses. Terminates the Commission 90 days after submission of its final report.
Authorizes the Secretary, in consultation with the Commission, to conduct test assignments of women to combat positions and to waive Federal restrictions on such duty assignments in order to conduct such test assignments.
Part E: Miscellaneous
- Establishes the Physician Assistant Section in the Army Medical Specialist Corps. Allows a person to be appointed chief of such section as well as an assistant chief of the Army Medical Specialist Corps. Allows a person serving as a warrant officer and commissioned as a regular officer in the Physician Assistant Section to elect, upon retirement, to be retired under the warrant officer retirement system or the system for regular commissioned officers. Provides constructive credit for former warrant officers serving as physician assistants and appointed as commissioned officers in such Section.
Directs the Secretary of the Navy to carry out without delay an investigation of the courts-martial of 285 individuals arising from the explosion at the Port Chicago, California, Naval Magazine in July, 1944, in order to determine the extent of racial prejudice or other improper factors in the findings of such courts-martial.
Authorizes the governors of the Virgin Islands and Guam (currently, the President) to appoint the adjutant generals for their respective National Guards.
Directs the Secretary of the military department concerned to pay a specified conditional amount representing accrued leave to each individual who was held as a prisoner of war during the Korean conflict. Requires the individual claiming such pay to have adequate records documenting the period of POW status and the grade held by such individual during such period, as well as other necessary information. Requires such payment to be made within six months after enactment of this Act.
Expresses the sense of the Congress that the President should: (1) examine the redeployment policy used during the Persian Gulf conflict with a view toward expediting the return of reserve units activated or deployed during the contingency at the earliest opportunity consistent with mission requirements; and (2) in the case of future contingency operations, following termination of the assigned mission, shift reserve unit assignments to active duty units, to Federal civilians, or to contractors.
Title VI: Compensation and Other Personnel Benefits
Part A: Pay and Allowances
- Waives a required increase in the pay of military personnel in conformity with the annual GS-level increase for the Federal Government, instead providing or a 4.2 percent increase in the rates of basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1992. Limits the amount of BAQ allowance in the case of a member of the armed forces who is authorized such allowance solely by reason of the member's payment of child support pursuant to a court order.
Provides for the determination of a variable housing allowance (VHA) for a reserve or retired member of the armed forces who is recalled to active duty and for whom the transportation of household goods from the place of residence to the place of duty assignment is not authorized.
Prohibits a member from being entitled to a BAQ as a member with dependents unless such member certifies annually to the Secretary concerned the status of each dependent. Authorizes the Secretary of Defense (currently, the President) to prescribe regulations for the administration of BAQ provisions. Requires a member being paid a VHA to also make an annual certification to the Secretary concerned identifying the housing costs of such member. Authorizes the Secretary of Defense (currently, the President) to prescribe regulations for the administration of VHA provisions.
Entitles aviation cadets of the armed forces to the lowest pay grade rate for grade E-4, unless any such cadet is entitled to the basic pay of a higher pay grade.
Entitles a senior noncommissioned officer who completes his or her service and is placed on terminal leave pending retirement to the rate of basic pay authorized for the senior enlisted member of that armed force for a period of 60 days while in such status.
Extends through FY 1992 the authority to reimburse members on sea duty for expenses incurred while finding alternate accommodations in place of ship's quarters when such ship is under repair on otherwise uninhabitable.
Part B: Bonuses and Special and Incentive Pays
- Repeals the current prohibition on the payment of imminent danger pay and the family separation allowance during periods of war or national emergency.
Extends for one year through FY 1992: (1) the authority for the payment of a retention bonus for aviation career officers agreeing to extend their period of active duty; (2) the payment of special pay to enlisted members of the Selected Reserve assigned to certain high priority units; and (3) the authority for the nurse officer candidate program.
Increases the hazardous duty incentive pay for duty performed under conditions of imminent danger.
Revises hazardous duty pay provisions for parachute jumping to include all free fall operations involving jumper-deployed parachute openings.
Repeals a Federal provision which authorizes the payment of a multiyear retention bonus to general and flag officers serving as practicing physicians in military medical facilities.
Part C: Travel and Transportation Allowances
- Revises the definition of a "dependent" for purposes of eligibility for benefits as a military dependent to include dependent parents-in-law and dependent minors who reside in the member's household.
Authorizes a travel and transportation allowance for dependents of members assigned to a vessel under construction from the designated home port of the ship or the area where such dependents are residing.
Authorizes the payment of a travel and transportation allowance to a member who: (1) performs duty under emergency circumstances at a location within the limits of a member's station; and (2) uses overnight accommodations because of such duty.
Authorizes travel and transportation allowances for members performing consecutive tours of duty to be deferred for up to one year after the member begins the consecutive tour at the same duty station or another.
Increases from $60 to $75 the monthly family separation allowance.
Authorizes the Secretary concerned to transport (or pay the cost of transporting) the remains of dependents of retired military personnel for burial when such dependents die in a military medical facility. (Currently, such transportation is provided only to the retired decedents.)
Part D: Matters Related to Contingency Operations
- Defines a "contingency operation" as one in which members of the armed forces are or may become involved in military actions against an enemy or opposing military force, or which results in a call or order to, or retention on, active duty during a war or national emergency. Provides for payment of BAQ for unmarried reserve members without dependents called to active duty in support of a contingency operation when such active duty makes the member unable to occupy his or her primary residence or rental housing. Provides also for the payment of a VHA for members called or ordered to active duty in support of a contingency operation.
Authorizes the payment of medical, dental, or nonphysician special pay for: (1) reserve health care officers recalled to active duty for more than 30 days but less than one year; (2) health care officers involuntarily retained on active duty or recalled to active duty for more than 30 days; and (3) health officers voluntarily agreeing to remain on active duty for less than one year at a time when such officers are being involuntarily retained or when the Secretary of Defense determines that special circumstances justify the payment of such special pay.
Authorizes the payment of board certification special pay to certain medical officers who would have been able to complete such board certification requirements except for the fact that such completion was interrupted by contingency operations. Allows such medical officers an additional 180 days after the completion of active duty in support of such contingency operations to complete such requirements.
Allows a member of the armed forces whose certification for foreign language proficiency pay was interrupted by an assignment to duty in connection with a contingency operation to be paid such special pay for the duration of such duty. Allows such member 180 days following such duty to obtain such necessary certification and authorizes the Secretary concerned to extend such period in accordance with regulations prescribed by the Secretary of Defense.
Provides for the payment of accrued leave to the survivors of members who die as a result of an injury or illness incurred while serving on active duty in support of a contingency operation.
Allows the 60-day ceiling on the accumulation of accrued leave to be exceeded for up to 30 additional days in the case of members assigned to active duty in support of a contingency operation during a fiscal year.
Repeals the current $10,000 limit applicable to a savings deposit program in the case of members of the armed forces serving in a contingency operation. Allows the Secretary to authorize a member serving on a temporary duty assignment outside the United States in support of contingency operation to make deposits of unallotted pay and allowances during such duty.
Provides certain transitional medical and dental care benefits to members of the armed forces (and their dependents) who: (1) are reserve members called to active duty; (2) are involuntarily retained on active duty; or (3) voluntarily agree to remain on active duty in support of a contingency operation.
Part E: Miscellaneous
- Directs the Secretary to carry out a program under which a member of the armed forces may be reimbursed for qualifying expenses incurred in the adoption of a child under 18 years of age. Provides identical provisions for reimbursement of adoption expenses for members of the Coast Guard.
Increases the death gratuity payable to survivors of members who die while serving on active duty to a standard $6,000 for members of all grades.
Amends the Military Survivor Benefits Improvement Act of 1989 to require premiums paid under the Survivor Benefit Plan to include an additional amount (not to exceed 4.5 percent of the base amount) to reflect the number of years that have elapsed since the person upon whom the benefit is based retired.
Authorizes the payment of a military survivor annuity to a representative of: (1) a person for whom a guardian or other fiduciary has been appointed; or (2) a minor, mentally incompetent, or otherwise legally disabled person for whom a guardian or other fiduciary has not been appointed.
Waives a required reduction in civil service or military retired pay for persons returning to employment after retirement in the case of persons employed in legislative branch agencies and the judicial branch for which there is exceptional difficulty in recruiting and retaining qualified employees.
Amends the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 to extend from August 1, 1990 (currently, November 5, 1990) to 180 days after the end of such conflict the period for the authorization of special pay for reserve, recalled, or retained medical officers in the armed forces.
Increases from $500 to $1,500 the amount of a claim of the United States against a Federal employee, member of the military, or member of the Coast Guard for overpayment of pay, allowances, or expenses which is authorized to be waived by the department head or Secretary concerned when the collection of such claim would be against equity and good conscience or otherwise not in the best interests of the United States.
Part F: Readjustment Benefits for Certain Voluntarily Separated Members
- Directs the Secretary concerned to carry out a special separation benefits program under which a member of the armed forces who voluntarily requests a separation from service (rather than possibly facing selection for involuntary separation or denial of reenlistment) will be entitled to a specified separation pay in addition to the same benefits and services as are provided to those members who are involuntarily separated from service. Outlines program eligibility requirements and other conditions. Authorizes the Secretary concerned to limit the applicability of the program subject to the needs of the service. Terminates the voluntary separation program after FY 1995.
Authorizes the Secretary of Defense to provide a financial incentive in the form of an annuity to active duty personnel who request voluntary appointment, enlistment, or a transfer to a reserve component. Outlines program eligibility requirements and other conditions. Requires certain deductions from such voluntary incentive payment if the member is receiving other forms of military pay or benefits. Prohibits the Secretary from offering such financial incentive after FY 1995. Establishes in the Treasury the Voluntary Separation Incentive Fund for the accumulation of funds to finance the program. Provides for deposits into and administration of the Fund by the Department of Defense Retirement Board of Actuaries. Directs the Secretary to report to the Armed Services Committees on the effectiveness of the two voluntary separation programs.
Authorizes the Secretary to increase by up to two percent the authorized end strength of an armed force for FY 1992 in order to avoid the necessity of involuntarily separating personnel of that armed force to order to achieve that end strength. Provides funding for increased personnel costs resulting from such increase.
Title VII: Health Care Provisions
Part A: Health Care Services
- Authorizes the Secretary to establish one or more supplemental dental benefit plans for members (and their spouses and dependents) already enrolled in basic dental benefit plans. Requires a monthly premium, limited to no more than $15 per family, to be paid for such additional coverage. Outlines copayment requirements under the supplemental plan.
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to authorize the provision under such Program of palliative care and support services in connection with hospice care to a terminally ill patient who chooses such hospice care rather than continuing hospitalization or other health care services for treatment of a terminal illness. Authorizes the provision of such services for dependents of military personnel under contracts for medical care through other medical care providers.
Includes as part of authorized medical care at military medical facilities well-baby care that includes one screening of an infant to determine the level of lead in the blood.
Expands the eligibility of coverage under CHAMPUS to include those persons who are enrolled in the supplementary medical insurance program under part B of Title XVIII (Medicare) of the Social Security Act and who are under 65 years of age. Prevents CHAMPUS benefits from being paid to the extent that a person is entitled to the same benefits under Medicare.
Part B: Health Care Management
- Authorizes the Secretary, until the end of FY 1993, to waive a 40-mile radius restriction for the provision of nonemergency inpatient hospital care under CHAMPUS.
Authorizes the Secretary to enter into a contract under which an intermediary agrees to organize and operate a managed health care network for the provision of health care under CHAMPUS. Directs the Secretary to undertake a program to provide for the delivery of health care services under CHAMPUS to members serving on active duty (and covered beneficiaries) in the Tidewater region of Virginia. Requires such program to begin no later than September 30, 1992.
Authorizes the commanding officer of a military health care facility, in determining whether to issue a nonavailability of health care statement for any person entitled to health care in such facility, to consider the availability of such services for such person pursuant to any contract or agreement entered into for the provision of such services within the area served by such facility.
Requires each provider of services under CHAMPUS to submit claims for payment for such services directly to the claims processing office designated pursuant to joint regulations prescribed by the administering Secretaries.
Repeals the requirement that a certain number of persons receiving armed forces health professions scholarships receive training in a critically needed wartime skill.
Amends the National Defense Authorization Act for Fiscal Year 1991 to revise the limitation on the reduction of DOD medical personnel during a fiscal year. Requires a minimum number of Navy officers to be assigned to duties in health profession specialties as of the end of each fiscal year.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through October 1, 1993, the deadline for the issuance of regulations relating to the use of diagnosis-related groups for the allocation of resources to military health care facilities.
Amends the National Defense Authorization Act for Fiscal Year 1987 to authorize the Secretary to use the Composite Health Care System to provide information systems support in military medical treatment facilities when the Secretary certifies to the Armed Services Committees that such use is the most cost-effective method of providing such support.
Authorizes the Secretary to designate any facility owned or operated by the Uniformed Services Treatment Facilities that is authorized to provide medical or dental care for persons in military health care facilities as a facility of the uniformed services for purposes of the provision of services under CHAMPUS. Sets forth facility reimbursement provisions. Preempts State and local laws relating to health insurance or health maintenance organizations with regard to such facilities to the extent that such laws are inconsistent with specific agreements prescribed by the Secretary relating to the managed care delivery and reimbursement program or when the Secretary determines that preemption is necessary to implement or operate the program.
Authorizes the Secretary to enter into a replacement or successor contract upon termination of the current DOD contract under the CHAMPUS reform initiative.
Part C: Miscellaneous
- Directs the Secretary to undertake a demonstration project for the delivery of inpatient medical services in the Newport, Rhode Island, area to members on active duty and their covered beneficiaries under CHAMPUS based on an external partnership agreement with civilian health care facilities and providers. Authorizes the Secretary, in order to encourage participation in such project, to permit the health care facility or provider involved to waive the cost-sharing requirements of CHAMPUS (the copayment requirement) if the Secretary determines that it is cost-effective to reduce or waive such payment. Requires such facility or provider, in the case of a reduction of waiver of copayments, to certify that the amount charged to the Government was not increased as the result of such reduction or waiver. Directs the Secretary to negotiate with the Secretary of Health and Human Services to reach an agreement under which such Secretary would permit a waiver or reduction of the deductible and copayment under the Medicare programs on the same basis as a waiver or reduction is permitted by the Secretary of Defense.
Expresses the sense of the Congress that: (1) creative solutions should be found to enable a member or former member who is eligible for military health care to obtain such care for a minor who is in the legal custody of the member or former member and is related by blood or adoption to such member; and (2) the Secretaries of the military departments should give special attention, in exercising their authority to grant designee status to a minor to receive medical care and services as a covered beneficiary, to those cases involving a minor who is related by blood or adoption to a member or former member and who is in the legal custody of such member. Directs the Secretary of Defense to report to the Congress on the desirability, feasibility, and cost implications of implementing such a status change in the case of such minor children.
Directs the Secretary to conduct a comprehensive study of the military medical care system and to report the results to the defense committees.
Directs the Secretary to establish and maintain a registry relating to members of the armed forces who were exposed to fumes of burning oil in the Persian Gulf theater in connection with Operation Desert Storm. Requires the Secretary to report annually to the Congress on the ongoing study of the short and long-term health consequences of such exposure and on the need for additional studies relating to such exposure. Directs the Secretary concerned, upon request of any member listed in the registry, to furnish a pulmonary function examination and chest x-ray to such person.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters
Part A: Acquisition Process
- Repeals the requirement of a manpower estimate report before the Secretary may approve the full-scale engineering development, or the production and deployment, of a major defense acquisition program.
Provides that independent research and development and bid and proposal costs of DOD contractors shall be allowable as indirect costs on covered contracts to the extent that such costs are allocable, reasonable, and not otherwise unallowable by law or under the Federal Acquisition Regulation (FAR). Provides for the determination of an adjusted maximum reimbursement amount for such independent R&D and bid and proposal costs, and authorizes the Secretary to waive such maximum reimbursement amount in specified circumstances. Requires regulations promulgated by the Secretary to encourage contractors to engage in R&D activities of potential interest to DOD. Defines a major contractor, for purposes of the application of such cost provisions, as a contractor who in the preceding fiscal year had independent R&D and bid and proposal costs in excess of $10,000,000. Directs the Secretary to prescribe implementing regulations and requires the Director of the Office of Technology Assessment to conduct a study to determine the effects of such regulations on the achievement of appropriate acquisition policies for DOD.
Requires notice to the Congress of the extension beyond an original ten-year period of an R&D contract awarded to a military department when: (1) the contract is expected to be performed over a period exceeding ten years; or (2) the performance of the contract exceeds ten years and no notice has been previously given.
Makes certain revisions to Federal provisions concerning contractor-certified cost or pricing data with respect to modifications to, and subcontracts under, contracts entered into between DOD and a prime contractor before December 5, 1990, effective as of December 5, 1991.
Sets at $100,000 the small purchase threshold (the price after which a contract or purchase must meet certain procurement reporting requirements) in the case of a purchase made or contract awarded or performed outside of the United States in support of a contingency operation.
Requires DOD to make available to a subcontractor or supplier of a prime contractor upon request information as to whether requests for progress payments have been submitted by the contractor to DOD in connection with a contract, and whether final payment has been made to the contractor. Requires DOD to also make available to such subcontractors or suppliers of a contractor, upon request, information relating to payment or surety bonds supplied by the contractor to DOD as required under the Miller Act. Requires the contracting officer in charge of a DOD acquisition contract to make certain determinations with respect to compliance by a prime contractor of all requirements relating to progress payments, final payments, and information required to be paid or supplied to a subcontractor or supplier. Requires the Secretary to publish interim and final regulations to enforce such procedures. Requires the Comptroller General to conduct an assessment with respect to the application of such procedures and submit his results to the Armed Services and Small Business Committees. Directs the Defense Inspector General to report to the Secretary on the payment protections for subcontractors and suppliers under contracts entered into with DOD.
Requires the Secretary, no later than September 15, 1992, to prescribe final regulations defining the legitimate interest of the United States and its contractor or subcontractor in technical data pertaining to an item or process. Requires the Secretary, 30 days before implementing such regulations, to notify the Armed Services Committees and publish such regulations in the Federal Register. Directs the Secretary, within 60 days after enactment of this Act, to appoint a government-industry committee to make recommendations to the Secretary with respect to the final regulations. Prohibits the Secretary from issuing such new technical data rights regulations until he has considered the recommendations of such committee.
Directs the Secretary to ensure that a DOD employee or member of the armed forces who is engaged in oversight of a DOD acquisition program maintains control over his or her work product and is not required to relinquish such control to the defense contractor. Terminates such provision as of the end of FY 1992.
Part B: Acquisition Assistance Programs
- Earmarks specified funds authorized to be appropriated under this Act for FY 1992 and 1993 for the procurement technical assistance cooperative agreement program.
Earmarks specified FY 1992 and 1993 funds appropriated under this Act for infrastructure assistance to historically Black colleges and universities for defense research activities under the National Defense Authorization Act for Fiscal Year 1987.
Authorizes the Secretary, in the awarding of construction contracts by DOD to participants in the Minority Small Business and Capital Ownership Development Program of the Small Business Administration (SBA), to waive certain bonding requirements for small and disadvantaged business concerns participating in such Program and awarded military contracts. Requires the Secretary to award at least 30 such contracts during each fiscal year. Extends such waiver authority through FY 1993.
Earmarks specified FY 1992 and 1993 funds authorized under this Act for the mentor-protege program established under the National Defense Authorization Act for Fiscal Year 1991 (a program which provides incentives for DOD contractors to employ and use small and disadvantaged businesses and historically Black colleges and universities in defense contracts and related activities). Requires the Secretary to prescribe regulations to carry out the DOD policy regarding such program as found in the DOD Supplement to the FAR.
Part C: Defense Industrial and Technology Base Initiatives
- Directs the Secretary to conduct a program providing for the establishment of cooperative arrangements (partnerships) between DOD and certain entities in order to encourage and provide for R&D of dual-use critical technologies (technologies having both military and nonmilitary commercial applications). Allows such entities (at least two participating jointly with DOD) to include one or more Federal laboratories, institutions of higher education, State Governmental agencies, and other appropriate participants, as determined by the Secretary. Requires the non-DOD participants to contribute at least 50 percent of the total cost of the partnership activities. Provides for the protection of information disclosed concerning the R&D activities of the participants.
Requires the Secretary to evaluate proposals for partnerships on a merit basis using a competitive selection process. Outlines selection criteria.
Directs the Secretary, in consultation and coordination with the Secretary of Commerce, to conduct a program to provide assistance for the activities of eligible regional critical technology application centers (centers) in the United States. Outlines provisions concerning eligible centers, program participants, and assistance for authorized center activities. Limits such assistance period to six years. Requires the sponsoring agency of a center to pay at least 70 percent of the total costs incurred for center activities. Requires a center to operate under a management plan that requires participating firms to have the primary responsibility for directing the activities of the center and to exercise such responsibility through majority voting membership of such firms on the board of directors of the center. Outlines provisions concerning program administration as well as selection criteria for centers receiving such assistance.
Establishes within the Office of the Director of Defense Research and Engineering the Office for Foreign Defense Technology Monitoring and Assessment (Office) to: (1) maintain within DOD a central library for the compilation and dissemination of information and assessments regarding significant foreign activities in the R&D and applications of defense critical technologies; (2) establish and maintain data bases on such information and assessments; (3) perform certain liaison activities; (4) provide for public availability of such information and assessments; and (5) cooperate with the Department of Commerce in the dissemination of information and assessments regarding defense critical technologies having potential commercial uses.
Authorizes the Secretary to establish a foreign critical technology monitoring and assessment program under which the Secretary may enter into cooperative arrangements with one or more nonprofit organizations in order to provide financial assistance for the establishment of foreign critical technology monitoring and assessment offices in Europe, Pacific border countries, and other countries as considered appropriate. Makes eligible to enter into such cooperative arrangements any nonprofit industrial or professional organization that has economic and scientific interests in R&D and application of dual-use technologies. Provides funding from this Act for the dual-use critical technology partnerships and cooperative arrangements program for FY 1992 and 1993.
Directs the President to develop and revise as needed a multiyear strategy for federally supported R&D for each critical technology designated by the President. Directs the President, in designating such critical technologies, to begin with those listed in his report to the Congress as submitted under the National Science and Technology Policy, Organization, and Priorities Act of 1976. Directs the President to report annually to the Congress on the implementation of such requirement.
Makes various administrative revisions to the composition, duties, and reporting requirements of the Critical Technologies Institute as established under the National Defense Authorization Act for Fiscal Year 1991.
Requires the Director of the Office of Science and Technology Policy to establish one or more national critical technologies advisory committees. Directs the President to establish a schedule for the submission of road maps at regular intervals between the enactment of this Act and October 1, 1996.
Authorizes the Secretary to enter into cooperative arrangements (partnerships) with certain entities to encourage and provide for R&D of advanced manufacturing technologies with the potential for having a broad range of applications. Requires each partnership to be composed of participants from two or more eligible firms. Allows the inclusion of one or more Federal laboratories, institutions of higher education, State entities, and other participants as deemed appropriate by the Secretary. Outlines provisions concerning program administration and participant selection criteria. Requires the Secretary to establish at least two partnerships within one year after the enactment of this Act. Provides FY 1992 and 1993 funding for such partnerships.
Directs the Secretary to establish a program: (1) to support manufacturing extension programs of regions, States, local governments, and private, non-profit organizations; (2) to promote the development of a broad range of such extension programs; and (3) to increase the involvement of appropriate segments of the private sector in such programs.Directs the Secretary to award financial assistance under the program on the basis of merit using competitive procedures. Provides financial assistance limitations. Requires a major evaluation of each manufacturing extension program receiving financial assistance under the program. Directs the Secretary and the Secretary of Commerce to enter into an agreement for carrying out the program. Provides funding for the program from this Act.
Directs the Secretary, in consultation with the Secretary of Education and the Directors of the National Science Foundation (NSF) and the Office of Science and Technology Policy (OSTP), to establish a program for making grants to institutions of higher education to support the: (1) enhancement of existing programs in manufacturing engineering education that are conducted by grantee institutions and meet specified requirements; and (2) establishment of new programs in manufacturing engineering education that meet such requirements. Requires at least one-third of the grants to be awarded for the latter purpose. Directs the Secretary to avoid geographical concentration of such awards.
Directs the Secretary and the Director of NSF to enter into an agreement for carrying out the grant program. Outlines grant program requirements. Directs the Secretary to solicit from institutions of higher education proposals for grants to be awarded for the support of programs of manufacturing engineering education. Requires applications to be evaluated on a merit basis under competitive procedures. Outlines grantee selection criteria. Limits the Federal contribution of such assistance to 50 percent of the estimated cost of the activities involved.
Directs the Secretary, in consultation with the Secretaries of Education and Commerce, to conduct a program to support specified activities of one or more manufacturing managers and experts at the institution of higher education involved. Outlines provisions concerning program administration and applicant selection criteria. Limits the Federal support of such program to 50 percent of the costs of activities to be supported by such assistance. Requires the Secretary to award such grants within one year after enactment of this Act. Provides FY 1992 and 1993 funding.
Allows the Secretary to authorize the Secretaries of the military departments to enter into cooperative agreements and other transactions for advanced research projects. (Currently, only the Defense Advanced Research Projects Agency is authorized to enter into such agreements or transactions.) Makes permanent (currently expires September 30, 1991) the authority to enter into such agreements.
Directs the Secretary to conduct a program for the development of advanced flexible capabilities for computer-integrated manufacturing and for the use of those capabilities throughout DOD and in commercial entities that are part of the U.S. defense industrial base. Directs the Secretary to establish a joint services center for participation in the program by the military departments.
Directs the Secretary of the Navy to continue the Navy Rapid Acquisition of Manufactured Parts program for developing technologies and applications for the rapid acquisition of manufactured parts. Provides funding for FY 1992 and 1993 for the computer-integrated manufacturing flexibilities program. Requires the prevention of duplication of activities relating to such program by the Secretaries of the Army and Air Force.
Directs the Secretary, in coordination with the National Science Foundation, to establish a program to award grants on a competitive basis to U.S. institutions of higher education and other nonprofit organizations for the conduct of programs for U.S. scientists, engineers, and managers to learn Japanese language and culture.
Directs the Secretary, at the same time as the submission of the President's budget to the Congress, to submit to the Congress a plan for providing DOD support for science, mathematics, and engineering education at all levels of education in the United States for such fiscal year. Outlines plan contents. Requires the Director of Defense Research and Engineering to perform the duties of the Secretary with regard to formulating such plan. Requires a report.
Part D: Other Defense Industrial Base Matters
- Directs the Secretary, in coordination with the Secretary of Commerce and the U.S. Trade Representative, to submit to the defense committees a plan for the collection and assessment of information on the extent to which the defense industrial base of the United States: (1) procures weapons system subsystems and components from foreign sources; and (2) is dependent upon such foreign sources for such procurement. Requires the Secretary to also include a plan for the removal of barriers to the effective integration of the commercial and defense sectors of the U.S. defense industrial base.
Directs the Secretary to make certain determinations and evaluations with respect to the purchase by European nations of American-made military goods and services. Directs the Secretary to establish a defense trade and cooperation working group to evaluate U.S. positions on European initiatives that affect U.S. defense trade, cooperation, and technology security. Requires the Comptroller General to determine how NATO members are implementing their bilateral defense procurement memorandum of understanding with the United States.
Provides that if the Secretary determines after consultation with the U.S. Trade Representative that a foreign country has violated a reciprocal defense procurement agreement by discriminating against certain types of covered products produced in the United States, the Secretary shall rescind his blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. Directs the Secretary to report to the Congress on the amount of DOD purchases from foreign entities in FY 1992 and 1993.
Extends through FY 1996 (currently, FY 1991) the prohibition on the use of DOD funds to enter into a contract for the procurement of valves and machine tools that are not produced in either the United States or Canada. Includes as contracts covered by the prohibition: (1) procurement contracts for items for use in any property under the control of DOD; and (2) contracts entered into by contractors on behalf of DOD for the purpose of providing such items to other contractors as Government-furnished equipment. Requires each class of machine tools or machine tool accessories to be evaluated separately to determine whether such prohibition applies.
Revises from October 1, 1994, to January 1, 1993, the date after which the Secretary may terminate in the national interest a Buy American restriction with respect to the acquisition of carbonyl iron powders.
Part E: Miscellaneous Acquisition Policy Matters
- Requires the Secretary, when entering into a contract for the procurement of unleaded gasoline for motor vehicles of a Federal department or agency other than DOD, to purchase alcohol-gasoline blends containing at least ten percent domestically-produced alcohol when the price of such gasohol is the same as, or lower than, the price of unleaded gasoline. Requires such policy to also be followed in the contract solicitation process. Requires the Secretary and the Administrator of GSA to review all exemptions from Federal gasohol purchase requirements previously granted and to terminate any such exemptions when found to be no longer appropriate. Expresses the sense of the Congress that when any Federal motor vehicle capable of being operated on gasohol is being refueled, it should be refueled with an alcohol-gasoline blend containing at least ten percent domestically produced alcohol if available along the normal route at the same or a lower price than unleaded gasoline.
Requires payment within seven days of delivery for the Federal purchase of fresh or frozen fish.
Directs the Secretary to prescribe regulations prohibiting members of the armed forces from taking reprisal actions against members of the armed forces who make lawful communications to officials in audit, investigation, or law enforcement organizations designated by the Secretary. Makes violations of such regulations punishable as a violation under the Uniform Code of Military Justice.
Title IX: Department of Defense Organization and Management
Part A: General Matters
- Establishes within DOD a Deputy Under Secretary of Defense for Policy.
Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to provide funds from the CINC Initiative Fund to the commanders of the combatant commands and the North American Aerospace Defense Command for certain authorized defense activities. Requires funding priority consideration to be given to requests for activities which enhance the war fighting capability, readiness, and sustainability of the combatant commander's forces. Provides funding limitations.
Establishes the general counsels of the military departments at pay level IV of the Executive Schedule.
Repeals a provision of the National Defense Authorization Act for Fiscal Year 1991 requiring a 20 percent reduction in defense the acquisition workforce by the end of FY 1995.
Part B: Professional Military Education
- Authorizes the Secretary to employ civilian faculty members at the Institute for National Strategic Study.
Defines the "principal course of instruction" for purposes of instruction at the Armed Forces Staff College.
Part C: Intelligence Matters
- Authorizes the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence to be assigned supervision of the Defense Intelligence Agency (DIA) for the period between the enactment of this Act and January 1, 1993. Outlines the responsibilities of the Director of DIA, including providing all military intelligence and intelligence support to specified officials and military commanders and managing the General Defense Intelligence Program. Directs the Secretary of the Army and the Director of DIA to take all necessary actions to transfer the Armed Forces Medical Intelligence Center and the Missile and Space Intelligence Center from the control of the Department of the Army to DIA.
Requires the Secretary to consult with the Director of Central Intelligence with regard to the appointment of the Directors of DIA and the National Security Agency.
Requires the Secretary to maintain within the District of Columbia a joint intelligence center (for all military departments) that is responsible for preparing current intelligence assessments. Outlines provisions with respect to functions and management of such center. Requires the center to be fully responsive to the intelligence needs of the Secretary, the JCS Chairman, and the commanders of the combatant commands.
Directs the Secretary to prescribe procedures for regularly and periodically exercising national intelligence collection systems and exploitation organizations to provide intelligence support during a war or threat to national security. Directs the JCS Chairman to use such systems and organizations in joint training exercises. Requires a report on such matters from the Secretary and the Director of Central Intelligence to specified congressional committees.
Title X: General Provisions
Part A: Financial and Budget Matters
- Authorizes the Secretary, when necessary in the national interest, to transfer amounts of authorizations made available to DOD in Division A for FY 1992 between any such authorizations for that fiscal year. Limits the total amount of such transfers. Requires the Secretary to notify the Congress of any such transfers.
Changes the deadline for the joint Office of Management and Budget (OMB)/Congressional Budget Office annual outlay report from December 15 to the date of submission of the President's budget to the Congress.
Establishes in the Treasury the Foreign National Employees Separation Pay Account, Defense, for financing obligations of the United States for separation pay for foreign nations of DOD. Provides for Account deposits and payments.
Requires the Director of OMB, for each of FY 1993 through 1996, to report to the Congress on the effect on the Federal deficit of payments and adjustments made with respect to Federal appropriation accounts, with separate estimates for each Federal agency. Eliminates the permanent requirement for such report.
Incorporates into this Act the Classified Annex prepared by the conference committee for
Part B: Naval Vessels and Related Matters
- Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1992 the authority for naval shipyards and aviation depots to engage in defense-related production and services activities.
Authorizes the Secretary of the Navy to transfer the obsolete aircraft carrier Oriskany to the nonprofit organization City of America for cultural and educational purposes.
Authorizes the Secretary of the Navy to transfer the obsolete research vessel Gyre to Texas A&M University for educational and research purposes.
Directs the Secretary of the Navy to report to the defense committees on the criteria used by the Navy for recommending to the Secretary of State that a license for the export of a submarine constructed in the United States be granted.
Amends the National Defense Authorization Act for Fiscal Year 1991 to provide that vessels constructed under the fast sealift program shall incorporate certain propulsion and control systems and interior communications equipment manufactured in the United States.
Directs the Secretary of the Navy to carry out a complex overhaul of the aircraft carrier USS John F. Kennedy at the Philadelphia Naval Shipyard beginning in September 1993 and extending for two years. Provides for the use of certain unobligated FY 1991 funds and funds appropriated under this Act for such overhaul.
Provides that a prohibition on the construction of U.S. ships in foreign shipyards shall not apply to Navy inflatable or rigid inflatable boats.
Part C: Guard and Reserve Matters
- Prohibits funds made available to DOD for fiscal years before 1994 from being used to deactivate Navy Reserve helicopter mine countermeasures squadrons.
Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal the requirement for the Air Force to transfer certain aircraft to the Air Force Reserve and Air National Guard.
Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove a September 30, 1992, deadline for the assignment of the Air Force tactical airlift mission to its reserve components; and (2) authorize the Secretary of the Air Force to waive such assignment for any fiscal year after certain certifications to the defense committees. States that such transfer requirement shall not apply during FY 1992.
Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove a September 30, 1996, deadline for the transfer of A-10 aircraft to the Army and Marine Corps; and (2) authorize the Secretary to waive such assignment for any fiscal year after certain certifications to the defense committees. States that such transfer requirement shall not apply during FY 1992.
Part D: Matters Related to Allies and Other Nations
- Expresses the sense of the Congress that the United States: (1) has a strong interest in continuing and strengthening NATO; (2) should work with its NATO allies to better respond to the changing world situation; and (3) should reduce its permanent troop strength in Europe to less than 100,000 by FY 1995 and reorganize remaining troops in the event of a military necessity.
Reduces as of the end of FY 1992 the authorized end strength for U.S. military personnel in Europe under the Department of Defense Authorization Act, 1985.
Expresses the sense of the Congress that: (1) the United States should regularly review and adjust its military posture in Asia and the Pacific and review the desirability of the reduction of U.S. forces there; and (2) Japan and South Korea should assume increased responsibility for their own security. Requires a report from the President to specified committees on the strategic posture and military force structure of the United States in Asia and the Pacific, including the forces in Hawaii.
Expresses the sense of the Congress that: (1) Korea remains an important ally of the United States; (2) DOD should seriously consider future reductions of U.S. military personnel in Korea beyond those now contemplated; (3) Korea should undertake greater efforts to meet its own security requirements; and (4) the Government or Korea should increase the level of host nation support it provides to U.S. forces in its area so that such level more closely approximates that of Japan. Directs the President to report to the Congress on the overall security situation in Korea, the implication on such situation of relevant political and economic development there, and U.S. policy for the area.
Authorizes the Secretary, during FY 1992 and 1993, to accept cash contributions from Japan and South Korea for: (1) compensation for local national employees of DOD; (2) DOD military construction projects; and (3) DOD supplies and services. Authorizes such funds to be used by the Secretary or the Secretary of a military department to carry out a construction project, after a congressional notification requirement is met by the Secretary. Requires the Secretary to report to the defense committees in FY 1992 and 1993 on such contributions and their uses.
Directs the Secretary to negotiate for an equitable defense cost-sharing agreement with: (1) each NATO member; and (2) every other foreign nation with which the United States has a bilateral or multilateral defense agreement that provides for the permanent presence of U.S. combat units in such country or the placement of combat equipment there. Provides an exception. Directs the Secretary to maintain an accounting for defense cost-sharing under each agreement. Requires the Secretary to include a report on such agreements in each Report on Allied Contributions to the Common Defense required under current law.
Provides that whenever the United States participates in a cooperative project with any friendly foreign country or NATO on a cost-sharing basis, any contribution from such country or NATO to meet its share of project costs may be credited to appropriations available to an appropriate military department or defense agency, as determined by the Secretary. Outlines payments for which such amounts are made available.
Authorizes the Secretary of the Navy to provide certain supplies and services relating to port and airport equipment, vessels, and aircraft to foreign countries (currently, only to "friendly" countries) if similar supplies and services are provided to the United States by such foreign country.
Amends the Foreign Assistance Act of 1961 to extend through FY 1996 (currently, FY 1991) the authority to transfer excess defense equipment to certain nations. Provides that such amendment shall not take effect if already enacted under the International Cooperation Act of 1991.
Authorizes the Secretary to carry out the Italian air defense agreements and to provide articles and services to Italy as specified in agreements. Outlines provisions concerning administration of the agreements. Allows the Secretary to enter into contracts under such agreements only to the extent that appropriated funds are available for such purpose.
Extends through FY 1993 the authority of the Secretary to waive certain costs and charges in the implementation of a NATO agreement to procure certain AWACS aircraft. Extends such authority to cover a certain addendum to such contract.
Authorizes the commander of any special operations, unified, or specified combatant command to pay, or authorize payment for, the expenses of training or deploying special operations forces being trained or deployed with forces of a friendly foreign country. Requires the Secretary to report annually to the Congress concerning training for which expenses were paid during the preceding fiscal year.
Authorizes the side-by-side testing of conventional weapons and nondevelopmental items by the United States and other friendly foreign countries (currently authorized for the United States and its major allies).
Provides FY 1992 and 1993 authorized end strengths on the number of employment positions at U.S. military installations located outside the United States that may be filled by foreign nationals who are employed pursuant to an indirect-hire agreement and are paid by the United States. Authorizes the Secretary to waive such end strengths in the national security interests. Expresses the sense of the Congress that, beginning in FY 1994, the President should achieve reductions in the cost to the United States of such salaries and have the host country assume a greater share of such cost.
Part E: Technical and Clarifying Amendments
- Makes technical and clerical amendments to Federal armed forces provisions, other Federal provisions, and public laws.
Part F: Congressional Findings, Policies, and Commendations
- Expresses the sense of the Congress: (1) recognizing the contribution of U.S. defense industries for the design and production of the technologically-advanced weapons and weapons systems that contributed significantly toward the victory by the United States in the Persian Gulf area during Operation Desert Storm; and (2) calling for additional cooperation between the military departments and the Big Brothers and Big Sisters organizations in responding to family support needs of members and communities located near U.S. military installations.
Recognizes and commends the four military colleges of the United States for their unique contributions in training the citizen-soldiers of the United States.
Expresses the sense of the Congress that the necessity for the armed forces to have an effective live chemical agent training facility requires that the Chemical Decontamination Training Facility and the Army Chemical School, both located at Fort McClellan, Alabama, should be continued in operation unless a new facility for conducting combat training with live chemical agents is constructed.
Expresses the sense of the Congress that: (1) no DOD prime contract should be awarded to a foreign person unless that person certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel; and (2) the Secretary should consider developing a procurement policy to implement such policy regarding contracts with foreign persons.
Expresses the sense of the Congress that the Secretary should issue a special commemorative card to each member of the armed forces who served in the Persian Gulf theater in connection with the Persian Gulf conflict or who was ordered as a reserve member to active duty in connection with such conflict.
Part G: Miscellaneous Matters
- Directs the Secretary to reexamine DOD policies relating to military casualty notification and assistance, including access of relatives to the records of deceased military personnel. Requires the review to take into account experiences resulting from the Persian Gulf conflict and to determine if policy changes would be in the best interests of both service members and their families. Requires a report concerning such examination from the Secretary to the Armed Services Committees.
Directs the Secretary to place information with regard to any record, report or other information in the custody of DOD with respect to the location, treatment, or condition of a Vietnam-era POW/MIA in a suitable library-like location within the National Capital region for public review and photocopying. Provides disclosure exceptions and limitations. Requires records currently available to DOD to be made available no later than three years after enactment of this Act. Requires records becoming available to DOD after March 1, 1992, to be made available as soon as possible, but in any event no later than one year after they become so available. Authorizes the Secretary to withhold information when he determines that its disclosure may compromise the safety of a POW/MIA who may still be alive in Southeast Asia. Requires the Secretary to notify the President and the Congress of any such instance.
Authorizes and requests the President to establish in DOD a family support center to provide information and assistance to families of persons who are POWs or MIAs in Southeast Asia and who have not been accounted for.
Directs the POW/MIA flag to be displayed: (1) at each national cemetery and the Vietnam Veterans Memorial each year on specified days; and (2) on the grounds of specified public buildings on any day designated as National POW/MIA Recognition Day. Directs the Administrator of General Services to procure and distribute such flags as necessary. Terminates the flag display requirement when the President determines that the fullest possible accounting has been made of such military personnel and civilian employees who have been identified as POWs or MIAs in Southeast Asia.
Amends the National Defense Authorization Act for Fiscal Year 1991 to authorize contracts to be awarded through FY 1992 (currently, 1991) for the maintenance and repair of DOD equipment under competitive procedures under the Defense Overseas Workload Program.
Authorizes the Secretary of the Army to use funds appropriated to DOD to transfer technical data packages for large-caliber cannon to a friendly foreign country. (Currently, such transfer is authorized for a member nation of NATO or a country designated as a major non-NATO ally.)
Earmarks specified funds made available to DOD under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 for transfer from the Secretary to the Administrator of the SBA for making emergency direct loans to small businesses that have suffered severe economic injury due to the emergency deployment of members and units of the armed forces from military installations nearby and that have been unable to obtain credit elsewhere. Requires the Administrator to prescribe regulations for such loans within ten days after enactment of this Act. Terminates the authority for such loans 270 days after the first loan applications are accepted.
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authorization for certain support provided to other Federal departments and agencies for counter-drug activities. Extends the provision of such support to State, local, and foreign law enforcement agencies.
Makes technical revisions to the Barry Goldwater Scholarship and Excellence in Education Act.
Provides civil and criminal penalties for those persons who steal, forge, or counterfeit, or deliver to unauthorized persons any lock or key that has been adopted by any part of DOD for use in the protection or security of arms, ammunition, special weapons, or classified information.
Removes the requirement that a State director of the Military Selective Service System cannot simultaneously serve in an elected position in State or local government without the approval of the Director (national) of the System. Changes from semiannually to annually the frequency of required reports from the Director on the operations of the System.
Entitles Federal employees assigned to a post at Johnstown Island in the Pacific Ocean to a separate maintenance allowance during the period of assignment if the head of the department or agency responsible for such assignment designates such duty as remote duty and finds it necessary for the employee to maintain his or her spouse or dependents at a location other than the Island.
Authorizes the payment of a foreign post differential for civilian employees of DOD and the State Department who served on temporary duty in connection with Operation Desert Storm during the Persian Gulf conflict for a period of more than 41 days in a combat zone.
Amends the Crime Control Act of 1990 to authorize certain agencies or facilities to hire Federal child care personnel provisionally, prior to the completion of a background check, if such person is under sight supervision at all times of a staff person for whom such a background check has been completed. Expresses the sense of the Congress that each Federal agency that operates child care facilities should modify such facilities to exclude secluded areas and should take certain other additional safety measures in light of the hiring of such provisional child care personnel.
Expresses the sense of the Congress that the President should consult closely with U.S. partners in Operation Desert Storm and with the U.N. Security Council in order to present a united opposition to Iraq's continuing noncompliance with Security Council Resolutions 687 and 688 which: (1) require Iraq to declare the location of all its weapons of mass destruction and to turn over such weapons for removal by the International Atomic Energy Agency; and (2) demand that Iraq ensure that the human political rights of all Iraqi citizens are respected.
Directs the President to report annually to specified congressional committees on the transfer by any country of weapons, technology, or materials that can be used to deliver, manufacture, or weaponize nuclear, biological, or chemical weapons to any country other than certain exempted countries. Outlines report content requirements. Enumerates excluded countries.
Title XI: Warrant Officer Management
- Warrant Officer Management Act -
Part A: New Warrant Officer Personnel System
- Establishes the permanent grade of chief warrant officer, W-5. Provides the basic pay, basic allowance for quarters, and basic allowance for subsistence for officers in the W-5 grade. Limits the number of warrant officers in the W-5 grade to no more than five percent of the total number of warrant officers on active duty in that armed force. Provides for the convening of selection boards for recommending for promotion to the next higher grade warrant officers from W-1 through W-4. Authorizes such selection boards to also recommend such warrant officers for continuation on active duty and for retirement. Requires such selection boards to include at least one reserve officer when a reserve warrant officer is being recommended for promotion.
Outlines procedures to be followed by the Secretary of the military department concerned when convening selection boards to consider the promotion of warrant officers serving on active duty. Requires such Secretary to establish a list of such warrant officers with particular skills, with competitive categories for promotion, a promotion zone within such competitive categories, and the maximum number of such officers to be recommended for promotion from those in the promotion zone. Provides considerations for the determination of an active-duty warrant officer's position on the warrant officer active-duty list, including seniority, rank, and the temporary or permanent nature of such officer's active-duty assignment. Requires a selection board, after giving due consideration to the needs of the armed forces for warrant officers with particular skills, to recommend for promotion those warrant officers considered best qualified for promotion within each grade or grade and competitive category. Limits the number of officers recommended for promotion from below the promotion zone, with an exception. Prohibits the selection board from recommending a warrant officer for promotion unless: (1) such officer receives the recommendation of a majority of board members; and (2) a majority finds that the officer is fully qualified for such promotion. Requires each officer in and above the promotion zone to be considered when a selection board is convened to consider for promotion a warrant officer from a specific promotion zone. Outlines information to be furnished to selection boards, as well as selection procedures.
Requires a selection board to report the names of those warrant officers whose records establish their unfitness or unsatisfactory performance. Provides that a warrant officer who has been considered by a selection board but not selected shall be considered by each subsequent selection board until selected for promotion, retired, or separated from service. Allows the President or the Secretary concerned to remove the names of a warrant officer recommended for promotion by a selection board in specified circumstances.
Requires an active-duty warrant officer who has twice failed for promotion to the next higher grade to be either retired or separated from active duty in a certain manner, depending on such officer's length of creditable service as an active-duty warrant officer (requiring separation from service if such officer has less than 18 years of creditable active-duty service). Authorizes the Secretary concerned to defer such retirement or separation for up to four months for specified reasons.
Outlines provisions by which a selection board may consider warrant officers above W-1 for selective retirement, as long as the Secretary concerned approves such retirement. Considers such a retirement to be an involuntary retirement.
Repeals a Federal provision authorizing the temporary appointment to a higher grade for a warrant officer serving on active duty in the Army, Navy, Air Force, or Marine Corps. Authorizes the temporary appointment by the President during war or national emergency of all officers (noncommissioned and warrant officers are currently excluded) in the regular armed forces, with the exception of warrant officer grade W-1, which shall be made by the Secretary concerned. Provides for rank among warrant officers of the same grade. Authorizes the President, in time of war or national emergency, to suspend the operation of any law with respect to the promotion, retirement, or separation of all officers (currently, commissioned officers only) in the armed forces.
Provides for the mandatory retirement for length of service for certain regular Army warrant officers of specified grades.
Part B: Transition and Savings Provisions
- Allows the following active-duty warrant officers to be considered to have been selected by a selection board for promotion to the grade in which they are temporarily serving, or the next higher grade, whatever the case may be: (1) officers (other than Coast Guard officers) serving in a temporary grade below chief warrant officer W-5 that is higher than their regular grade; (2) officers on a list of officers recommended for promotion to a temporary grade below such grade level; and (3) officers on a list of officers recommended for promotion to a regular grade higher than the grade in which they are serving. States that an officer so considered who fails to be promoted because his name is removed from the promotion list shall be considered for promotion to the regular grade equivalent to the temporary grade in which he was serving as if he were serving in his regular grade. Provides the appropriate date of rank for officers promoted permanently to a rank in which such officer had been serving temporarily as the date of the temporary appointments of Navy and Marine Corps warrant officers. Outlines exceptions to Federal provisions concerning regular Army warrant officers facing mandatory retirement for length of service.
Preserves existing law with regard to Coast Guard warrant officers, thereby excluding such officers from changes made to general warrant officer provisions under this title.
Part C: Technical and Conforming Amendments and Effective Date
- Provides technical and conforming amendments and sets forth an effective date for this title.
Title XII: Supplemental Authorization of Appropriations for Operation Desert Storm
- Extends through FY 1992 the authorization of appropriations to the Defense Cooperation Account (Account) and the Persian Gulf Working Capital Account for the payment of costs associated with Operation Desert Storm (the Operation). Renames the Persian Gulf Working Capital Account the Persian Gulf Regional Defense Fund (Fund).
Authorizes appropriations to DOD for FY 1992 from current and future balances in the Account for: (1) procurement; (2) research, development, test, and evaluation; (3) operation and maintenance; (4) working capital; and (5) military personnel, Army National Guard. States that such amounts shall be available only for: (1) incremental costs associated with the Operation; and (2) replenishment of the Fund by transfer from the Account. Requires the Secretary to report monthly to the defense committees and the Comptroller General on all transfers so made each month.
Amends the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 to include Operation Provide Comfort within the definition of Operation Desert Storm for purposes of eligibility for appropriations under such Act.
Division B: Military Construction Authorizations
- Military Construction Authorization Act for Fiscal Year 1992 -
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 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 at Fort Eustis, Virginia.
Authorizes appropriations to the Army for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, defenses access roads, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title.
Authorizes the Secretary to enter into: (1) long-term contracts for construction, management, and operation of facilities in specified amounts at specified installations; and (2) rental guaranty agreements for military family housing under the Military Housing Guaranty Program.
Amends the Military Construction Authorization Act for Fiscal Year 1991 to increase the amount authorized for a military construction project at Fort Riley, Kansas. Terminates certain other such projects authorized under such Act.
Authorizes the Secretary of the Army to make a direct grant to the Fairbanks North Star Borough School District in Fairbanks, Alaska, for the construction of a public elementary school facility sufficient to accommodate dependents of DOD personnel assigned to Fort Wainwright, Alaska. Limits the maximum authorized grant and provides fund sources.
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, 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 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, defense access roads, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title.
Authorizes the Secretary of the Navy to enter into: (1) long-term contracts for the construction, management, and operation of facilities in specified amounts at specified installations; (2) contracts for the leasing of military family housing units in specified amounts at specified locations; and (3) rental guaranty agreements for military family housing under the Military Housing Rental Guarantee Program. Terminates the authority to carry out certain prior-year military construction projects.
Specifies the type of military construction authorized for the Marine Corps Reserve Support Activity, Kansas City, Missouri, under the Military Construction Authorization Act for Fiscal Years 1990 and 1991.
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.
Authorizes the Secretary to make advances to the Secretary of Transportation for the construction of defense access roads at Andrews Air Force Base, Maryland, and Whiteman Air Force Base, Missouri.
Authorizes appropriations to the Air Force for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, defense access roads, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title.
Authorizes the Secretary of the Air Force to enter into: (1) long-term contracts for the construction, management, and operation of facilities in specified amounts at specified installations; (2) contracts for the leasing of military family housing units in specified amounts at specified locations; and (3) rental guaranty agreements for military family housing under the Military Housing Rental Guaranty Program.
Amends the Military Construction Authorization Act for Fiscal Year 1991 to increase the authorization of appropriations for a military construction project at the Air Force Academy in Colorado. Terminates 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 acquire or construct portal facilities at various locations in support of the On-Site Inspection Agency in a specified amount.
Transfers the authorization of appropriations to the Army for the Red River Army Depot, Texas, under the National Defense Authorization Act for Fiscal Years 1990 and 1991 to the Secretary of Defense for certain activities in support of the supply distribution mission at such Depot. Authorizes the Secretary to acquire one military family housing unit and to improve existing military family housing units in specified amounts.
Authorizes appropriations to DOD for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, conforming storage facilities, architectural and engineering design services, certain base closure and realignment activities, an energy conservation program, military family housing functions of DOD, and acquisition or construction of portal facilities at various locations in support of the On-Site Inspection Agency. Authorizes certain prior-year unobligated DOD military construction funds to be used for construction of a headquarters building of the Defense Logistics Agency at Fort Belvoir, Virginia. Limits the total cost of construction projects authorized by this title. Authorizes the Secretary to enter into contracts for the design and construction of certain military construction projects in advance of appropriations for such projects.
Earmarks specified funds appropriated under this Act for construction of a headquarters facility for a special operations battalion at Fort Bragg, North Carolina.
Directs the Secretary to contract for the preparation of the concept design for replacement facilities for the Fitzsimmons Army Medical Center, Aurora, Colorado, under specified conditions.
Places certain limitations on the use of FY 1992 DOD funds for the construction of a defense medical facility at Homestead Air Force Base, Florida.
Amends the Military Construction Authorization Act for Fiscal Year 1991 to terminate the authority to carry out a certain military construction project at the Philadelphia Naval Shipyard.
Authorizes the Secretary to use certain FY 1991 military construction authorization funds to carry out certain special operations command projects at Fort Bragg, North Carolina, and a classified location.
Title XXV: North Atlantic Treaty Organization Infrastructure
- Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program, and authorizes appropriations for fiscal years after 1991 for such contributions.
Title XXVI: Guard and Reserve Forces Facilities
- Authorizes appropriations for fiscal years after 1991 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts. Revises the authorized amount of appropriations for certain FY 1990 and 1991 military construction projects.
Title XXVII: Expiration and Extension of Authorizations
- Terminates all authorizations contained in titles XXI through XXVI of this Division on October 1, 1994, or the date of enactment of an Act authorizing funds for military construction for FY 1995, whichever is later, with specified exceptions. Extends certain prior-year authorizations.
Title XXVIII: General Provisions
Part A: Military Construction Program and Military Family Housing Changes
- Authorizes the Secretary of Defense to make grants to States to acquire or construct facilities for the joint use of two or more components of the reserves.
Authorizes the Secretary of Defense with respect to the defense agencies (currently, only the Secretaries of the military departments concerned) to use one-step turn-key selection procedures to enter into contracts for the construction of authorized military construction projects.
Authorizes the Secretary concerned to carry out a military construction project not otherwise authorized by law when such project is vital to the protection of health, safety, or quality of the environment.
Increases from $200,000 to $300,000 the maximum amount for an authorized project for the acquisition and construction of reserve facilities using operation and maintenance funds.
Authorizes the Secretary concerned to enter into contracts for the procurement of services in connection with the construction, management, and operation of certain military support facilities (child care, troop housing, hospital or medical facilities) at or near a military installation. Outlines contract purposes, conditions, and terms. Limits such contracts to 32 years in duration. Requires the Secretary concerned to comply with certain congressional notification requirements.
Authorizes the Secretary concerned, or the Secretary of Transportation with respect to the Coast Guard, to contract for the leasing of military family housing units to be constructed or rehabilitated to residential use near a military installation within the United States at which there is a shortage of family housing only if specifically authorized by law and subject to the availability of specific appropriations for such purpose. Limits such leasing contracts to 20 years in duration. Outlines other terms and conditions, including a congressional notification requirement.
Increases to $1,500,000 the cost limitation threshold for a military construction project to be considered a minor construction project. Increases to $300,000 the maximum amount authorized to be spent from operation and maintenance funds by the Secretary concerned for such minor construction projects.
Provides an increased maximum square footage allowance for military family housing located where harsh climatological conditions severely restrict outdoor activity for a significant part of each year, as determined by the Secretary concerned. Increases the maximum net floor allowance in the acquisition of military family housing units for members in pay grades below 0-6 if the Secretary concerned determines that the purchase of larger units is cost effective.
Allows the Secretary concerned, or the Secretary of Transportation with respect to the Coast Guard, to enter into agreements for military housing rental guaranty projects only when such projects are specifically authorized by law and subject to the availability of specific appropriations for such purpose. Requires budget materials submitted to the Congress to include proposed rental guaranty projects. Outlines rental agreement content requirements and other conditions, including a congressional notification requirement.
Part B: Defense Base Closure and Realignment
- Amends the Defense Base Closure and Realignment Act of 1990 to trminate the process by which military installations are selected for closure or realignment under such Act if the President does not transmit to the Congress by certain dates in 1993 and 1995 the nominations for appointments to the Defense Base Closure and Realignment Commission (Commission). Adds provisions relating to the employment and detailing of Commission staff employees. Revises certain notification and publication dates with respect to selection criteria utilized in making recommendations for base closures and realignments and recommendations made by DOD and the Commission.
Provides that in the case of each military installation considered for closure or realignment by the Commission, the Secretary shall ensure that the amount of the authorization requested by DOD for each military construction project in each of FY 1992 through 1999 for the following fiscal year does not exceed the estimate of the cost of the project that was provided to the Commission by DOD. Requires the Secretary to report to the Congress the reasons for any differences between the requested amount and the estimated cost of any such project. Requires the DOD Inspector General to investigate each project for which the Secretary is required to submit an explanation and report his findings to the Secretary.
Amends the Demonstration Cities and Metropolitan Development Act of 1966 to make eligible for certain homeowners assistance benefits provided under such Act DOD civilian employees and members of the armed forces who were employed or assigned to a military installation at the time of public announcement of its closure or transferred from such installation before such public announcement.
Directs the Secretary to prepare a plan for the environmental restoration and cleanup of the Jefferson Proving Ground, Indiana. Requires the Secretary to prepare the plan within 180 days after enactment of this Act and to publish a notice of the availability of the plan in the Federal Register and at least two local newspapers. Requires a period of at least 60 days for public comment and at least one public meeting on the proposed plan. Requires the Secretary to submit the final plan at the same time the President submits the budget to the Congress for FY 1994.
Authorizes the Secretary of a military department having jurisdiction over a military installation that is closed pursuant to a base closure law to: (1) convey to a credit union which conducts business in a facility located on such installation and constructed using credit union funds all rights and interest to such facility; and (2) in the event of such conveyance, permit the credit union to purchase the land upon which the facility was constructed before such land is offered for sale to any other entity. Prohibits such action if the Secretary concerned determines that the operation of a credit union business at such facility is inconsistent with the plan for the reuse of such installation developed in coordination with the community in which the facility is located.
Directs the Secretary, in coordination with the Secretary of Labor, to report to the Congress setting forth the availability of employment assistance services for civilian DOD employees who may be affected by reductions in defense employment associated with the 1988 or 1991 Base Closure Commission.
Amends the Defense Base Closure and Realignment Act of 1990 to state that only DOD Base Closure Account funds are to be used for environmental restoration projects at military installations to be closed under the 1991 DOD base closure list. Requires the Secretary to report annually to the Congress on environmental restoration funding needed for that and the succeeding four fiscal years.
Part C: Land Transactions
- Authorizes the Secretary of the Navy to acquire by fee simple real property located at Outlying Landing Field Barin, Baldwin County, Alabama.
Authorizes the Secretary of the Army to convey to the city of Lompoc, California, all rights and interest of the United States to real property at the U.S. Disciplinary Barracks in Lompoc, together with any improvements on such lands. Provides for reversion to the United States if such property is not used for specified purposes.
Authorizes the Secretary of the Air Force to convey to Saint Clair County, Illinois, all rights and interest in the Cardinal Creek Housing Complex, Scott Air Force Base, Illinois, under specified terms and conditions.
Authorizes the Secretary of the Army to convey to New Bedford, Massachusetts, all rights and interests to certain parcels of real property in such city. Requires the city to conduct any remedial actions necessary to prevent the release of any oil or other hazardous material contained there and to indemnify the United States against all claims arising with respect to such parcels of land. Requires the Secretary to permit city officials to enter upon such property to prepare the area for construction of a waste water treatment plant.
Authorizes the Secretary of the Army to convey to the New Mexico State Armory Board all rights and interests in real property in Santa Fe, New Mexico, currently used as a U.S. Army Reserve Center, under specified terms and conditions, including the construction by the Board of a Reserve Center replacement facility.
Directs the Secretary of the Navy to release a reversionary interest held on certain real property within Berrien County, Michigan.
Amends the Military Construction Authorization Act for Fiscal Year 1991 to: (1) revise the sale payment amount with respect to the conveyance to Burlington, Vermont, of the Naval Reserve Center located there; and (2) extend the effective date of such provision to January 1, 1993.
Authorizes the Secretary of the Navy to enter into long-term leases of the Willoughby site, a part of the Naval Base at Norfolk, Virginia, in order to use facilities built by the lessee on such site.
Amends the Military Construction Authorization Act for Fiscal Year 1992 to extend until November 5, 1992, the authority of the Secretary of the Navy to lease the Hunters Point Naval Shipyard, San Francisco, California.
Authorizes the Secretary of the Navy to convey to the city and county of Honolulu, Hawaii, the Navy Drum Storage Area in Pearl City, Hawaii, in exchange for all rights and interest to the Pearl City Sewage Treatment plant site located there. Requires the city to undertake all necessary studies and appraisals to identify any hazardous substances located on the Plant site conveyed to the Secretary. Directs the Secretary, after the completion of such studies and appraisals, to undertake with the City any remedial actions necessary with respect to hazardous substances that are necessary to protect human health and the environment.
Authorizes the Secretary of the Navy to convey to Connecticut all rights and interests, including leasehold interests, located on and adjacent to the State Pier, New London, Connecticut, in exchange for the release of certain liabilities with respect to such land.
Part D: Prohibition on Certain Construction
- Prohibits the obligation to DOD funds, including Infrastructure funds, in relocating functions of DOD located at Torrejon Air Force Base, Spain, on June 15, 1989, to Crotone, Italy.
Directs the Secretary of the Army to prohibit any above-ground construction within a portion of the Fort Hunter Liggett Military Reservation in California, in order to protect a viewshed of mission property there.
Part E: Miscellaneous
- Requires the Secretary concerned, before exercising an option to lease real property, to review the most recent inventory of real property assets published by the Resolution Trust Corporation to determine whether any such property is suitable for the purposes for which such real property is sought.
Revises provisions with respect to the authority of the Secretaries concerned to lease certain nonexcess property.
Authorizes the Secretary to acquire any leasehold interest in real property considered necessary for national security purposes to facilitate special operations forces activities. Sets a maximum rental cost of any property so acquired at $500,000. Allows facilities acquired to be constructed or modified to facilitate such activities. Terminates the authority to enter into such contracts as of the end of FY 1993. Requires the Secretary to report to the Armed Services Committees in 1993 and 1994 concerning leasehold interests so acquired.
Empowers law enforcement authorities employed at the Pentagon Reservation with the same powers as sheriffs and constables upon such property.
Directs the Secretary of the Air Force to expeditiously repair the damage to McConnell Air Force Base, Wichita, Kansas, caused by tornadoes on April 26, 1991.
Directs the Secretary to study and report to the defense committees on the advisability of constructing tornado shelters at military installations in areas prone to tornadoes.
Directs the Secretary of the Navy to report to the Armed Services Committees on the status of the planning and design of a replacement bridge on Highway 90 near the Navy homeport at Pascagoula, Mississippi.
Directs the Secretary to submit with annual budget information to the Congress certain information with respect to site selection for construction of facilities for the permanent basing of new weapons systems.
Directs the Secretary of the Army to use specified funds appropriated for the Phoenix, Arizona, area under prior law to initiate the construction of certain flood control measures in such area. Provides for Federal and non-Federal cost shares. Directs the Secretary to expedite such construction. Terminates the authority of the Secretary as of the end of FY 1993.
Division C: Department of Energy National Security Authorizations and Other 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 1992 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) Office of Security evaluations; (7) new production reactors; (8) naval reactors and naval reactor development; (9) education, training, and technology transfer; and (10) capital equipment not related to construction.
Directs the Secretary of Energy (Secretary, for purposes of this title) to use FY 1992 DOE funds to reimburse specified Colorado cities for costs incurred in implementing required water management programs.
Earmarks specified FY 1992 funding for the defense inertial confinement fusion program.
Prohibits funds under this title from being used for modification of the W-79 atomic fired artillery projectile.
Part B: Recurring General Provisions
- Prohibits the use of funds appropriated pursuant to this title for: (1) the costs 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 FY 1992 DOD research and development funds for the performance of work on SDI.
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. Authorizes the Secretary to notify 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 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
- Authorizes the Secretary of Energy (Secretary, for purposes of this Part) to award grants for: (1) the training and education of workers who are or may be engaged in hazardous substance response or emergency response at DOE nuclear weapons facilities; and (2) the development of curricula for such training and education. Requires such grants to be awarded to nonprofit organizations that demonstrate: (1) experience in implementing and operating worker health and safety training and education programs; and (2) the ability to reach and involve those workers who are or will be engaged in the response activities. Provides a preference for organizations which are grantees under the Superfund Amendments and Reauthorization Act of 1986.
Provides civil penalties for any contractor of DOE who employs individuals to conduct hazardous substance response or emergency response at DOE nuclear weapons facilities and who fails to provide for the training of such individuals pursuant to a specified DOE worker training order. Provides funding for the grant program.
Directs the Secretary to conduct a scholarship and fellowship program to enable individuals to qualify for employment in environmental restoration and waste management (ERW) positions in DOE. Requires the Secretary to award at least 20 each of scholarships (for undergraduates) and fellowships (for graduate students) during FY 1992. Outlines eligibility requirements. Requires the Secretary and any such recipient to enter into an agreement under which the Secretary agrees to provide the participant with educational assistance for a specified number of school years in return for the participant's agreement to complete the educational program and to serve full-time as a DOD employee in an ERW position for 12 months for each school year in which such educational assistance was provided. Outlines provisions concerning full repayment of such educational assistance by the participant if he or she does not complete such education or work the required period thereafter. Authorizes the Secretary to waive such payment recovery if found to be against equity and good conscience or contrary to the best interests of the United States. Authorizes the Secretary, in awarding such scholarships and fellowships, to give a preference to individuals who are entitled to or accepted for enrollment in an educational institution that has a cooperative education program with DOE. Directs the Secretary to report to the Congress on activities taken under the program. Provides funding for such program from funds authorized under this Act.
Prohibits the Secretary from resuming plutonium operations at the Rocky Flats Nuclear Weapons Plant, Golden, Colorado, until the Defense Nuclear Facilities Safety Board (Board) has determined that the Secretary has satisfactorily responded to specified Board recommendations relating to the Rocky Flats Plant. Prohibits the resumption of plutonium warhead components at the Plant until April 1, 1992, or 30 days after the Secretaries of Energy and Defense have certified to the Congress that such production is necessary in the interest of U.S. national security. Requires the Defense Science Board to report to the Congress on each type of warhead proposed to be produced at the Rocky Flats Plant. Requires the Science Board to submit each such report to both Secretaries for review and comments at least 30 days before its submission to the Congress. Requires a report on the production of the type W-88 warhead by March 1, 1992.
Establishes in the Treasury the Defense Environmental Restoration and Waste Management Account, requiring all sums appropriated to DOE for ERW at defense nuclear facilities to be credited to such Account.
Directs the Secretary to issue annually a five-year plan for ERW activities to be conducted at DOE nuclear facilities. Requires such plans to be submitted to the President and the Congress, published in the Federal Register, and provided to specified officials, affected Indian tribes, and the public. Outlines matters to be included in each five-year plan. Requires preliminary plans to be provided to affected States and Indian tribes for coordination, review, and comment. Requires certain consultation in the development of such plans. Requires the first five-year plan to be issued in 1992. Authorizes the Secretary to make grants to, and enter into cooperative agreements with, affected States and Indian tribes to assist their participation in the development of such plans. Provides funding. Directs the President to report to the Congress on each five-year plan at the same time that the President's budget is submitted to the Congress.
Directs the Secretary to ensure, to the maximum extent practicable, that atomic energy defense R&D for any dual-use critical technology is conducted through cooperative research and development agreements or other arrangements that involve DOE laboratories and other specified entities.
Recognizes the National Atomic Museum within Kirtland Air Force Base (East), New Mexico, as the official atomic museum of the United States with the sole right to have and use the name "National Atomic Museum." Provides for the recruitment, training, and acceptance of the services of volunteers for the Museum. Outlines authorized activities of the Secretary at the Museum.
Provides that a waiver of certain post-employment restrictions granted by the President to any person who was an employee of the Lawrence Livermore, Los Alamos, or Sandia National Laboratories immediately before the person's Federal Government employment shall apply to that person's employment by any such national laboratory after such person's Federal employment is terminated.
Expresses the sense of the Congress that the Secretary should select the Savannah River Site in South Carolina for the site of the new nuclear production reactor. Requires the Secretary to comply with certain congressional notification requirements if he chooses a site other than the Savannah River Site for the new reactor.
Expresses the sense of the Congress that the United States and the Soviet Union share a special responsibility to resume the nuclear testing talks for additional limitations on nuclear testing. Directs the President to report to the Congress a proposed schedule for resumption of such talks and to identify goals to be pursued. Earmarks FY 1992 DOE funds to conduct the nuclear test ban readiness program as established under prior law.
Expresses strong congressional endorsement of proposed presidential initiatives of, and encouraging Soviet response to, joint technical cooperation on the safe and environmentally responsible storage, transportation, dismantling, and destruction of nuclear weapons. Earmarks specified FY 1992 DOE funds for verifiable dismantlement of nuclear warheads.
Directs the President to report to the defense committees on various nuclear weapons matters, including the stockpiling of such weapons, materials used to make such weapons, and the operation of certain nuclear weapons plants in the United States.
Title XXXII: Defense Nuclear Facilities Safety Board Authorization
- Authorizes appropriations for FY 1992 for the operations of the Defense Nuclear Facilities Safety Board.
Amends the Atomic Energy Act of 1954 to: (1) allow the Board to employ up 150 full-time employees (currently, 100); and (2) give the Board access to any information on atomic weapons within DOE that is necessary to carry out its functions under such Act.
Title XXXIII: National Defense Stockpile
Part A: Changes in Stockpile Amounts
- Authorizes the National Defense Stockpile (NDS) Manager, during FY 1992 and 1993, to dispose of specified stockpile materials and to obligate out of the National Defense Stockpile Transaction Fund (Fund) specified amounts for the acquisition of materials and for R&D programs of the Strategic and Critical Materials Stock Piling Act.
Part B: Programmatic Changes
- Amends such Act to allow moneys from the Fund to be used for materials development and research. Requires an annual materials plan required under such Act to include information on such materials development and research.
Authorizes the NDS Manager to acquire better materials when rotating stockpile materials.
Amends such Act to change the frequency of reports required of the President or stockpile operations from semiannually to annually and on stockpile requirements annually to biennially. Repeals a provision prohibiting stockpile disposals when there is a vacancy in the position of NDS Manager or when the authority of the President under such Act has not been delegated to that position.
Title XXXIV: Civil Defense
- Authorizes appropriations for FY 1992 and 1993 for carrying out the Federal Civil Defense Act of 1950.
Title XXXV: Panama Canal Commission
- Panama Canal Commission Authorization Act for Fiscal Year 1992 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1992. Limits the amount of funds available to the Commission for FY 1992 that may be expended for official reception and representation expenses. Authorizes the use of FY 1992 Commission funds for the purchase of passenger motor vehicles used to transport personnel of the Commission across the Isthmus of Panama, without regard to vehicle price limitations.
Authorizes FY 1992 Commission funds to be obligated for authorized pay increases for Commission officers and employees. Allows such pay increases to be made only in accordance with specified Federal law.
Places the Administrator of the Commission at Level IV of the Executive Schedule.
Expresses the sense of the Congress that the President should: (1) begin negotiations with the Government of Panama to consider whether to allow the permanent stationing of U.S. military forces in Panama beyond the current December 31, 1999, deadline; and (2) consult with the Congress through such negotiations.
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Bill titles: To authorize appropriations for fiscal years 1992 and 1993 for military functions of the Department of Defense and to prescribe military personnel levels for fiscal years 1992 and 1993, and for other purposes.; Military Construction Authorization Act for Fiscal Year 1992; Missile Defense Act of 1991; Panama Canal Commission Authorization Act for Fiscal Year 1992; Warrant Officer Management Act
Links for more info on the vote: congress.gov