Clerk session vote number: 157
Bill summary: National Defense Authorization Act for Fiscal Year 1993 -
Division A: Department of Defense Authorizations
Title I: Procurement
Subtitle A: Funding Authorizations
- Authorizes appropriations to the Army, Navy, Marine Corps, and Air Force for FY 1993 for: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes appropriations for FY 1993 for: (1) the defense agencies; (2) the Defense
Inspector General; (3) the reserves and National Guard; and (4) the chemical demilitarization program.
Authorizes the Secretary of the Air Force to use funds authorized under this Act to enter into multiyear procurement contracts for the procurement of satellites under the Defense Support Program.
Subtitle B: Army Programs
- Prohibits the use of any funds appropriated for the Army for FY 1991 or 1992 from being used to initiate or implement closure of any portion of the tank industrial base. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to revise the amount authorized under such Act for the remanufacture of M1 tanks to the M1A2 configuration.
States that a prior-law prohibition against the obligation of funding for the procurement of AHIP Scout aircraft (Army helicopters) shall not apply to the obligation of specified FY 1993 funding for the procurement of up to 36 of such aircraft.
Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which imposed certain restrictions on the modification of AH-64 Apache helicopters.
Authorizes the use of funds received from the sales of tanks, infantry vehicles, or armored personnel carriers by the United States under the Arms Export Control Act after FY 1989 to upgrade such armored vehicles for fielding to the Army.
Prohibits the Improved Chemical Agent Monitor from being procured for the armed forces until the Secretary of the Army completes certain testing and congressional notification with respect to such program.
Subtitle C: Navy Programs
- Earmarks shipbuilding and conversion funds authorized under this Act for specified ship replacement, overhaul, and conversion programs within the Navy.
Prohibits the use of funds made available by this or any earlier Act from being used for the procurement of the Airborne Self Protection Jammer, except for the payment of termination costs for existing contracts. Makes such prohibition effective when the Secretary of Defense notifies the Senate and House Armed Services and Appropriations Committee (defense committees) that such Jammer has been determined operationally ineffective or unsuitable in testing.
Prohibits the use of FY 1993 Department of Defense (DOD) funds for the AV-8 radar upgrade program or the installation of new fuselages in such radar aircraft.
Subtitle D: Air Force Programs (Nonstrategic)
- Earmarks specified FY 1993 Air Force funds for the modification of C-135 aircraft.
Considers the C-17 transport aircraft a covered system for purposes of survivability testing requirements (requiring certain survivability testing before full-scale production is permitted). Authorizes the Secretary to waive such testing requirements with respect to the C-17. Requires certain alternative live-fire testing if the Secretary certifies that survivability testing would be unreasonably expensive or impractical.
Directs the Secretary of the Air Force to certify to the defense committees that the repair of fuel leaks on production C-17 aircraft will be carried out by the contractor at no additional cost to the Government. Provides an alternative to such certification.
Earmarks specified FY 1993 Air Force funds for procurement of C-17 aircraft, including advance procurement. Prohibits the obligation of any such funds other than for advance procurement before the Secretary submits a report to the defense committees required under prior law. Prohibits the obligation of any FY 1994 funding available for such aircraft until the Secretary, the Secretary of the Air Force, and the Defense Acquisition Board take certain action or submit required reports with respect to the acquisition and testing of such aircraft. Prohibits current C-17 funds from being used to increase the current rate for producing such aircraft. Directs the Secretary to establish an initiative to maintain control over costs, contractor performance, and management performance within the C-17 aircraft program. Directs the Secretary to report to the defense committees on such initiative. Prohibits FY 1993 procurement funding for such aircraft from being obligated until the Secretary makes certain certifications to the defense committees with respect to the production and assembly of such aircraft.
Prohibits more than 65 percent of the funds made available to DOD for FY 1993 for a specified Air Force electronic system improvement program from being obligated until the Secretary make certain determination and submits certain reports.
Prohibits the obligation of any funds made available during FY 1993 for the F-16 aircraft program for any purposes other than production until the Secretary reports to the Congress concerning such aircraft.
Subtitle E: Defense-Wide Programs
- Earmarks specified funds from this Act for modernizing either EP-e Aries or RC-135 Rivet Joint aircraft. Prohibits the obligation of such funds to the Navy until the Secretary determines which of such aircraft best meets the intelligence requirements of DOD and notifies the defense committees, along with other specified information. Provides for the transfer of funds to such aircraft after such determination and notification.
Requires operational test and evaluation and survivability testing of certain helicopter programs to be completed prior to their release for operational use.
Subtitle F: Strategic Programs
- Earmarks specified Air Force procurement funds under this Act for procurement for the B-2 bomber aircraft program, limiting the deployment of such aircraft to 20 plus one test aircraft. Limits the obligation of funds for such aircraft until the Secretary has made certain reports and certifications to the defense committees with respect to the performance and survivability assessment of such aircraft, as well as total costs.
Directs the Secretary to: (1) prepare a plan to evaluate heavy bombers (other than the B-2) test ranges and facilities to demonstrate their effectiveness in preparing for heavy bomber missions; (2) assess the current capability of DOD to carry out survivability and operational flight testing of heavy bombers against targets that represent a broad array of potential defenses that such bombers might encounter during the next 20 years; (3) report to the defense committees the plan and the assessment; and (4) have such report reviewed and updated by the Comptroller General within 60 days after submission.
Subtitle G: Chemical Demilitarization Program
- Amends the Department of Defense Authorization Act, 1986 to extend through December 31, 2004, the deadline for the elimination of the existing stockpile by DOD of lethal chemicals agents and munitions.
Directs the Secretary of the Army to establish a Chemical Demilitarization Citizens' Advisory Commission for each State in which there is a low-volume chemical weapons storage site. Requires a representative of the Assistant Secretary of the Army to meet with each Commission to receive citizen and State concerns with respect to Army disposal of lethal chemical agents and munitions. Establishes Commission membership and conflict-of-interests requirements. Terminates each Commission after that State's chemical weapons stockpile has been destroyed.
Directs the Secretary of the Army to report to the Congress on the potential alternatives to the use of the Army's baseline disassembly and incineration process for the disposal of lethal chemical agents and munitions. Prohibits the Secretary from commencing site preparation for, or construction of, a facility for such disassembly and incineration until such report is submitted, unless such site preparation or construction has commenced before the enactment of this Act. Provides exceptions to such limitation.
Directs the Secretary of the Army to carry out the disposal of chemical agents and munitions at a low-volume site using an alternative disposal technology process if it is determined to be significantly safer and cost-effective and can occur within the deadline of December 31, 2004. Directs such Secretary, if such alternative disposal process is utilized, to report to the Congress a revised chemical weapons disposal concept plan incorporating the alternative technology process. Provides a submission date and limitations with respect to such revised concept plan.
Directs the Secretary of the Army to report to the Congress the Army's plan for destroying all chemical warfare material of the United States that would be required to be destroyed if the United States became a party to a specified chemical weapons international convention.
Directs the Secretary of the Army to report to the Congress on the physical and chemical integrity of the existing chemical weapons that are contained in the U.S. stockpile and stored within eight storage sites in the continental United States.
Expresses the sense of the Congress that the Secretary of Defense, in consultation with the Secretary of State, should establish with the Secretary of State, should establish with other party nations to an international agreement banning chemical weapons, a program under which consultation and exchange concerning chemical weapons disposal technology could be enhanced.
Subtitle H: Armament Retooling and Manufacturing Support Initiative
- Armament Retooling and Manufacturing Support Act of 1992 - Authorizes the Secretary of the Army, during FY 1993 and 1994, to carry out a program to be known as the Armament Retooling and Manufacturing Support Initiative (ARMS Initiative). States as some of the purposes of the ARMS Initiative: (1) encouraging commercial firms to use Government-owned, contractor-operated Army ammunition manufacturing facilities for commercial purposes; (2) increasing the opportunities for small and socially and economically disadvantaged small businesses to use such facilities for such purposes; (3) reducing through the provision of new jobs and retraining the adverse effects of reduced Army expenditures and the closing of such facilities; and (4) engaging in other defense conversion initiatives and activities which contribute to economic stability. Directs such Secretary to make such Government-owned, contractor-operated Army manufacturing facilities available for the purposes stated. Requires such Secretary to report to the defense committees on the ARMS Initiative.
Title II: Research, Development, Test, and Evaluation
Subtitle A: Authorizations
- Authorizes appropriations for FY 1993 for the armed forces, the defense agencies, the Deputy Director of Defense Research and Engineering, and the Director of Operational Test and Evaluation for research, development, test, and evaluation (R&D). Earmarks specified amounts of such authorization for: (1) basic research and exploratory development projects; (2) manufacturing technology development (with a focus on technologies designed to expand existing worker skills and experience in manufacturing production); and (3) the Strategic Environmental Research and Development Program.
Directs the Secretary of Defense to prepare and report to the Congress the benefits and limitations of establishing a United States-Israel Endowment for Defense Industrial Cooperation.
Subtitle B: Program Requirements, Restrictions, and Limitations
- Earmarks specified R&D funds for the V-22 Osprey aircraft program, limiting the use of those and prior earmarked funds only for the development and operational testing of such aircraft. Requires the Commandant of the Marine Corps to report to the defense committees concerning the cause and effects of the crash of the V-22 that occurred in July, 1992. Earmarks specified FY 1993 R&D funds for the special operations variant of such aircraft.
Prohibits the Secretary from testing the Mid-Infrared Advanced Chemical Laser transmitter and associated optics against an object in space during 1993 unless such testing is specifically authorized by law.
Directs the Secretary to restructure the acquisition plan for the A-X aircraft program to provide for the development, demonstration, and validation of at least prototypes for each of the two most promising proposals received from concept exploration.
Prohibits the Secretary of the Navy from obligating funds for the F-18E/F multirole aircraft program until certain assessments and approvals have occurred.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to: (1) extend through 1997, but delay implementation until FY 1994, the required transfer of management responsibility for the Navy mine countermeasures program; and (2) revise the due date of certain reports required under such program.
Requires the Secretary of the Navy, within 60 days after enactment of this Act, to reinstate the engineering and manufacturing systems development program of the light armored vehicle (LAV) program and to obligate FY 1992 funds provided for such program, unless both actions have already been taken. Earmarks FY 1993 Navy R&D funds to complete the development and operational testing of the LAV.
Directs the Secretary, in carrying out research projects through the Defense Advanced Research Projects Agency (DARPA), and the Secretary of each military department, in carrying out such projects, to permit the director of any federally funded R&D center to enter into cooperative R&D agreements with instrumentalities of the United States, any unit of State or local government, and any other entity under the general authority for such agreements granted by the Stevenson-Wydler Technology Innovation Act of 1980. Provides for the transfer of technology to a non-Federal party in a manner consistent with such provisions.
Directs the Secretary, acting through the Director of the Defense Nuclear Agency, to revise and proceed with the program plan submitted pursuant to prior law to revise and build an engineering test model for the Superconducting Magnetic Energy Storage Project. Requires the revised plan within 30 days after enactment of this Act. Provides funding.
Subtitle C: Missile Defense Programs
- Directs the Secretary to establish a Theater Missile Defense Initiative Office (Office) within DOD to carry out all theater and tactical missile defense activities of DOD. Earmarks funds for activities of the Office. Directs the Secretary to report to the defense committees at the same time as the defense budget for FY 1994 is submitted to the Congress on the allocation of funds for Office activities and on a master plan for the Initiative that includes specified information with respect to theater missile doctrine, tactics, structure, and acquisition strategy, as well as its cost-effectiveness.
Earmarks specified FY 1993 DOD R&D funds for the Strategic Defense Initiative (SDI). Earmarks specified amounts of such funds for specific program elements of SDI. Directs the Secretary to report to the defense committees on the allocation of funds appropriated for theater missile defenses and for SDI for FY 1993. Authorizes the Secretary to transfer funds among the various program elements, with a general ten percent limitation on such transfers.
Amend the Missile Defense Act of 1991 to state as a goal of the United States to: (1) maintain compliance with the ABM Treaty and not develop, test, or deploy any ballistic missile defense system in violation of such Treaty; and (2) deploy an ABM system that is capable of providing a highly effective defense against limited ballistic missile attacks. Eliminates theater missiles defenses from the program elements of SDI.
Directs the Secretary to develop for deployment a cost- and operation- effective, and ABM Treaty-compliant ABM system at a single site as the initial step toward deployment of an ABM system designed to protect the United States against limited ballistic missile threats, including accidental or unauthorized launches or Third World attacks. Describes components of such system. Directs the Secretary to transfer management and budget responsibility for R&D of all far-term follow-on technologies with respect to missile defense technology from the Strategic Defense Initiative Organization to DARPA or the appropriate military department, unless he determines and certifies to the Congress that the transfer of a particular technology currently under SDIO would not be in the national security interests. Requires the Secretary to report to the defense committees those programs, projects, and activities transferred and those held due to interests of national security. Removes the current reference to the goal of establishing capable theater missile defense systems by FY 1996.
Places certain limitations on the obligation or expenditure of FY 1993 DOD funds for the development or testing of antiballistic missile systems or components, or the acquisition of material or equipment required for such development or testing.
Limits to $135,000,000 the amount of FY 1993 DOD appropriated funds that may be expended for the procurement of support services for SDI.
Subtitle D: Other Matters
- Earmarks specified FY 1993 DOD R&D funds for the medical component of the Biological Defense Research Program of DOD, with limitations.
Provides a specified funding limitation with respect to the National Aero-Space Plane.
Authorizes the Secretary to contract for the development and procurement of, and support for operations of, the Landsat 7 vehicle.
Title III: Operation and Maintenance - Subtitle A: Authorizations of Appropriations
- Authorizes appropriations for FY 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 the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, humanitarian assistance, the Defense Health Program, and support for the 1996 summer Olympics, the 1993 World University Games, and the 1994 World Cup Games. Authorizes appropriations for FY 1993 for working capital funds of the armed forces and the defense agencies.
Authorizes appropriations for FY 1993 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 the people of Afghanistan and Cambodia, and for world wide humanitarian assistance. 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 1993 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. Requires the Secretary to notify specified congressional committees on his intention to transport humanitarian relief to a country to which such transportation has not been specifically authorized by law.
Authorizes the Secretary to provide logistical support and personnel services in connection with the 1994 World Cup Games, with a limitation.
Authorizes the Secretary to transfer funds from the Defense Business Operations Fund and the National Defense Stockpile Transaction Fund to appropriations for operation and maintenance for FY 1993, with specified amounts earmarked to each military department.
Subtitle B: Limitations
- Prohibits FY 1993 DOD funds from being used to contribute to the Pentagon Reservation Maintenance Revolving Fund for any purposes other than: (1) day-to-day operation of the Pentagon Reservation; and (2) replacement of the central heating and cooling plant located there. Directs the Secretary to report to the defense committees a revised renovation program for the Reservation.
Prohibits the Secretary, with certain exceptions, from contracting during FY 1993 for the performance of a commercial activity in any case in which the contract results from a cost comparison study conducted by DOD under OMB Circular A-76 or any successor administrative regulation or policy.
Subtitle C: Environmental Provisions
- Extends through FY 1993 a contract for the offsite treatment of hazardous waste generated at defense facilities.
Prohibits FY 1993 environmental restoration funds from being used to pay a fine or penalty imposed against DOD unless the act or omission giving rise to the penalty arises out of activities funded by the environmental restoration account.
Directs the Secretary to establish a pilot program for the performance of on-site environmental response actions at: (1) military installations scheduled for closure or realignment under the defense base closure laws; and (2) facilities for which the Secretary is responsible for response actions under the Defense Environmental Restoration Program as established under current law. Provides for the selection of installations and facilities for participation in the pilot program. Directs the Secretary to: (1) take certain action in order to eliminate redundant tasks and accelerate response actions; and (2) carry out the program consistent with specified principles, including competitive procedures.
Expresses the sense of the Congress that, in carrying out environmental restoration activities at military installations outside the United States, the President should seek to divide equally the costs of such restoration with the nation in which the installation is located. Directs the Secretary to include in each specified annual reports the efforts taken and progress achieved in attempting such goal.
Requires the Director of the Defense Logistics Agency to evaluate, and report to the defense committees on, the use of class I and II substances (chlorofluorocarbons and halons) by the military departments and defense agencies.
Prohibits any DOD contract awarded after June 1, 1993, from including a specification or standard that requires the use of a class I ozone-depleting substance, or that can be met only through the use of such a substance, unless the specification or standard is approved by the senior acquisition official for the procurement covered by the contract based on a determination that a suitable substitute for such ozone-depleting substance is not currently available. Requires certain action to be taken by an official granting such an approval, including reports to the Secretary and notifications to the defense committees. Authorizes the Secretary to modify a contract or adjust its price in order to permit the contractor to provide a substitute for the ozone-depleting substance.
Prohibits funds appropriated or otherwise made available to DOD for FY 1993 from being used to purchase surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD.
Establishes the Legacy Fellowship Program in Natural and Cultural Resource Management (Program) to provide training to civilian and military personnel in the management of natural and cultural resources. Requires at least three fellows to be appointed for participation in such Program. Provides Program funding from FY 1993 DOD authorizations.
Authorizes supplemental appropriations for FY 1992 and 1993 for environmental restoration, defense, and the Department of Defense Base Closure Account 1990.
Directs the Secretary to defend, indemnify, and hold harmless any State, political subdivision, or person that acquires ownership or control of a facility of a military installation against any actions arising out of the release or threatened release of any hazardous substance or pollutant or contaminant as a result of DOD activities at any military installation that is closed pursuant to a base closure law, unless such entity or person caused or contributed to such release or threatened release. Provides for the determination of the date on which a claim accrues under such provisions.
Amends CERCLA and Federal law to extend through December 31, 1995, the authority to issue contractor surety bonds for the performance of environmental response actions in connection with certain defense environmental programs.
Directs the Secretary, in consultation with the Attorney General, the EPA Administrator, and the Director of OMB, to review and report to the defense committees on indemnification issues and authority with respect to contractors performing environmental restoration activities for DOD.
Subtitle D: Defense Business Operations Fund
- Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to extend through April 15, 1994, the period during which the Secretary may manage the performance of working capital funds and certain industrial, commercial, and support-type activities through the use of the Defense Business Operations Fund (Fund). Directs the Secretary to maintain a separate accounting, reporting, and auditing of each fund and activity managed through the Fund. Directs the Secretary to implement the Fund in three milestone phases, and directs the Comptroller General to monitor and evaluate DOD progress in achieving each milestone and implementing the Fund, including the development of policies, performance measures, and actions to improve the Fund's systems. Requires the Comptroller General to submit specified reports to the Congress pertaining to the achievement or nonachievement of Fund milestones.
Requires amounts for capital assets charges under the Fund to include amounts for charges for capital assets depreciation, set in accordance with generally accepted accounting principles, and to be credited to a separate capital asset subaccount established within the Fund. Directs the Secretary to award contracts for capital assets of the Fund in advance of the availability of funds in the subaccount, to the extent provided in appropriation Acts. Directs the Secretary to report annually to the defense committees on balances, credits, and outlays of the subaccount. Authorizes appropriations to the Fund for FY 1993 and 1994.
Limits the obligations authorized to be incurred by the Secretary in FY 1993 against the supply management divisions of the Fund, with an exception when determined critical to U.S. national security.
Subtitle E: Depot-Level Activities
- Requires the Secretary to use competitive procedures for the performance of depot-level tactical missile maintenance by DOD employees at a single location. Directs the Secretary to ensure that the System Integration Management Activity and the Depot Systems Command are relocated to Rock Island, Illinois, in accordance with Federal base closure laws.
Prohibits the Secretary of a military department, and the Secretary with respect to the defense agencies, from contracting for the performance by non-governmental employees of more than 40 percent of the depot-level maintenance workload for the military department or defense agency. Provides the FY 1993 through 1995 percentages of Army aviation depot-level maintenance workload that the Secretary of the Army shall require performance of by employees of DOD. Directs each Secretary to report to the Congress on progress achieved in attaining such percentage.
Prohibits the Secretary or the Secretary of a military department from changing the performance of a depot-level maintenance workload that has threshold value of at least $3,000,000 and is being performed by a depot-level activity of DOD unless, prior to any such change, the Secretary uses competitive procedures to make the change.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal a requirement for a competition pilot program for the depot-level maintenance of materials.
Subtitle F: Commissaries and Military Exchanges
- Directs the Secretary to standardize among the military departments the accounting, financing reporting formats, and automatic data processing and telecommunication data transfer of information. Provides standardization deadlines and requires a report from the Secretary to the Congress.
Directs the Secretary to prescribe regulations governing the: (1) purposes for which nonappropriated funds of a nonappropriated fund instrumentality may be expended; and (2) financial management of such funds to prevent waste, loss, or unauthorized use. Provides: (1) penalties for violations of such regulations; (2) notification of violations by civilian DOD employees or members of the armed forces; and (3) the protection of confidentiality of persons making such notifications.
Directs the Secretary to establish a demonstration program to determine the feasibility of having nonappropriated fund instrumentalities operate commissary stores at military installations. Directs the Secretary to select for participation in the program not less than one or more than three installations, including at least one where National Guard or reserve personnel and their dependents comprise the predominant number of users of the facilities there. Outlines program requirements. Directs the Secretary to report to the Congress on program implementation.
Directs the Secretary to limit the release of commissary sales information to the public if determined in the best interests of DOD to do so. Includes units prices and number of units sold within such limitations. Authorizes such information to be released under written agreements, offered under competitive procedures.
Revises the manner in which members of the Ready Reserve may become eligible for limited use of commissary stores from a manner based on the performance of active duty for training to a manner based on a point system computed by the number of years of retirement-creditable service.
Subtitle G: Other Matters
- Revises provisions concerning guidelines to be established by the Secretary during FY 1993 for reductions in the number of civilian DOD employees. Directs the Secretary to include in the budget materials submitted for FY 1994 a civilian positions master plan for DOD, each military department, defense agency, and other DOD principal component. Requires information to be included in such plan with regard to employees employed in industrial- and commercial-type activities which are funded through the Defense Business Operations Fund. Provides exceptions to the requirement of including such information in the master plan if determined to be critical to the national security. Prohibits the Secretary from implementing any involuntary reduction or furlough of civilian DOD positions until the expiration of a 45-day period beginning on the date on which the Secretary notifies the Congress of the reasons such reductions or furloughs are required, along with other information.
Extends through FY 1994 a required annual report from the Secretary concerning the security and control of DOD supplies. Adds to the information required in such report.
Authorizes the Secretary concerned to demilitarize, prepare, and transport in the continental United States for donation to a recognized war veterans' association an item authorized to be donated if such Secretary determines that such actions can be accomplished as a training mission without additional budgetary requirements for the unit involved.
Extends to the Secretaries of the Navy and Air Force the authority to use a working capital-funded industrial facility of the department to manufacture and sell articles to persons outside of DOD under specified circumstances.
Directs the Secretary of the Navy, as a factor in the evaluation of bids and proposals for the award of contracts to layberth sealift vessels of the Navy, to include the location of the vessels, including whether such vessels should be layberthed at locations: (1) where members of the armed forces are likely to be loaded onto the vessels; and (2) which maximize the ability of such vessels to meet mobility and training needs of DOD. Directs such Secretary to give the same level of consideration to vessel location as is given to other major factors established by such Secretary.
Directs the Chief of the National Guard Bureau to enter into an agreement with the Governors of one or more States to carry out a pilot program during FY 1993 and 1994 to provide training and professional development opportunities for National Guard members through the provision of health care to residents of medically underserved communities in those States with the use of National Guard personnel and equipment. Directs the Chief to provide expense funds for personnel participating in the program. Directs the Chief to consult with the Secretary of Health and Human Services (HHS) to ensure that the provision of such services are not redundant with services of HHS programs. Directs the Secretary of Defense to report to the Congress on the effectiveness of the pilot program.
Directs the Secretary to the military department concerned to issue a uniform, without charge, to any member of the armed forces who: (1) is being repatriated after being held as a prisoner of war; (2) is being treated at or released from a medical treatment facility for wounds incurred during military hostilities; (3) has unique uniform requirements; or (4) the Secretary determines that the issue of the uniform would significantly benefit the morale and welfare of the member and be advantageous to the armed force concerned. Allows such issued uniform to be retained by the member as a personal item.
Authorizes the Secretary, during FY 1993 through 1995, to conduct a program to commemorate the 50th anniversary of World War II and to coordinate, support, and facilities other such commemoration programs and activities of Federal, State, and local governments, as well as private persons. Authorizes the Secretary to adopt, use and register as trademarks service marks, emblems, signs, insignia, and words. Subjects the unconsented use of such marks, emblems, signs, insignia, or words to liability under the Trademark Act of 1945. Establishes in the Treasury the Department of Defense 50th Anniversary of World War II Commemoration Account to cover program expenses.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to extend through December 5, 1993 (currently such date in 1992) a demonstration project for the use of proceeds from the sale of lost, abandoned, or unclaimed personal property for certain morale, welfare, and recreational purposes. Similarly extends a related reporting requirement.
Directs the Secretary of the Army to provide for: (1) the operation and maintenance of indoor and outdoor rifle ranges; (2) the instruction of U.S. citizens in marksmanship and the employment of appropriate instructors; (3) the maintenance and management of matches or competitions in the use of such arms and the issue of necessary supplies; (4) the award of trophies; (5) the loan or sale of rifles and their ammunition and related equipment; and (6) the maintenance of the National Board for the Promotion of Rifle Practice. Authorizes such Secretary to sell for use in training and competition certain ammunition to qualifying gun clubs. Provides that amounts collected by such Secretary in the sale of guns and related supplies and ammunition shall be used to support the Civilian Marksmanship Program. Authorizes appropriations.
Requires all rifle ranges constructed in whole or in part with funds provided by the United States to be used by members of the armed forces and persons capable of bearing arms. Authorizes the Secretary concerned to establish reasonable fees for use by civilians of a rifle range located on a military installation, to cover material and supply costs. Requires such fees collected to be used to maintain such rifle range. Prohibits civilian use of such range from interfering with any required military use.
Provides for the payment of certain expenses of members of the armed forces competing at matches or competitions or attending small-arms firing schools. Directs the Secretary of the Army to report biennially to the Congress on the overall expenditures of the civilian marksmanship program and related activities.
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authority for aviation depots and naval shipyards to engage in defense-related production and services.
Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to provide optional summer school programs in the defense dependents' education system.
Directs the Secretary to review the practices and procedures of the military departments regarding the use of civilian airfields in flight training activities of the armed forces, giving special consideration to airfields located in heavily populated areas.
Directs the Secretary of a military department or the head of a defense agency, when cost effective, to provide a preference for the procurement of the most energy efficient equipment available that meets the needs or requirements for the procurement. Directs the Secretary, using 50 DOD facilities, to conduct demonstration programs for using energy efficient lighting equipment and for using energy efficient refrigeration equipment. Requires audits. Requires facility designations and audit completions by specified dates.
Authorizes the Chairman of the Armed Forces Retirement Board to accept for the Armed Forces Retirement Home the part-time or intermittent services of residents of the Home, to pay for such services, and to fix the rate of such pay. Authorizes the Chairman to forgive the indebtedness of a resident to the extent that such services are performed.
Directs the Secretary, in consultation with the Secretary of Education, to provide financial assistance to local educational agencies (LEAs) if, without such assistance, such LEA with a level of education that is equivalent to the minimum level of education available in the schools of the other LEAs in the same State. Outline additional eligibility requirements. Directs the Secretary, in assisting communities in making adjustments resulting from reductions in the size of the armed forces, to transfer to the Secretary of Education funds to make payments to LEAs that are entitled to receive educational benefits for children of persons who reside or work on Federal property, who are on active duty in the armed forces, or who are refugees. Directs the Secretary to report to the Congress on the LEAs affected by the closures and realignments of military installations and by redeployments of members of the armed forces. Provides funding for such payments to eligible LEAs through FY 1993 DOD operation and maintenance authorizations.
Provides that any State whose program of State education aid (impact aid) was certified by the Secretary of Education for FY 1988, but determined by such Secretary not to meet certain requirements for any fiscal years 1989 through 1992 shall be deemed to have met such requirements for FY 1989 through 1992.
Title IV: Military Personnel Authorization
Subtitle A: Active Forces
- Authorizes end strengths for active-duty forces for FY 1993. Authorizes the Secretary to waive an end strength when considered necessary to prevent personnel imbalances that would impair long-term combat readiness. Authorizes the Secretary to transfer certain amounts appropriated to DOD under this Act to prevent involuntary separations that would otherwise be necessary to reduce the size of an armed force to within the authorized end strength. Requires the Secretary to promptly notify the Congress of any such transfers.
Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to exclude up to 12 general or flag officer positions that are designated as joint duty assignments from the general and flag officer end strength ceilings authorized for FY 1995.
Directs the Secretary to conduct a study of whether joint organizations of DOD are fully staffed with the appropriate number of general and flag officers. Requires a report.
Subtitle B: Reserve Forces
- Authorizes end strengths for reserve components of the armed forces for FY 1993. Authorizes such end strengths to vary by up to two percent and authorizes reductions for the Selected Reserve for such fiscal year. Authorizes end strengths for FY 1993 for reserve personnel serving on active duty in the reserves. Directs the Secretary of each military department to prescribe a force structure allowance for each reserve component under the jurisdiction of such Secretary.
Subtitle C: Military Training Student Loads
- Authorizes the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under such Act.
Subtitle D: Limitations
- Requires a reduction of ten percent over FY 1993 and 1994 of the number of active-duty and National Guard personnel performing personnel recruiting duties as their primary duty.
Directs the Secretary of the Navy to ensure that none of the required end strength reduction projected for Naval Reserve personnel are derived from personnel authorizations assigned to the Craft of Opportunity mission.
Authorizes appropriations to DOD for FY 1993 for military personnel.
Title V: Military Personnel Policy
Subtitle A: Officer Personnel Policy
- Directs the Secretary to report to the defense committees on the plans of the military departments for the procurement of officer personnel during each of FY 1993 through 1997. Requires a related report on planned officer assignments for commissioned officers who begin their obligated active duty service during such fiscal years.
Directs the Secretary to provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each department and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system. Requires a report and provides funding.
Provides for the retirement of certain limited duty Navy captains and commanders who have failed twice for promotion to the following grade. Limits the duration of a deferred retirement for such limited duty Navy officers.
Allows qualified chiropractor to be appointed as commissioned officers in the Army Medical Specialist Corps and the Navy Medical Service Corps. Includes chiropractic functions within authorized medical functions in the Air Force.
Revises the minimum service requirements for certain flight crew positions to include periods of active service in the Selected Reserve.
Extends through FY 1993 the authority for the temporary promotion of certain Navy lieutenants.
Subtitle B: Reserve Component Matters
- Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which directs the Secretary of the Army to increase the number of officers serving on full-time active duty in connection with organizing, administering, recruiting, instructing, or training combat units of the Army National Guard. Requires a pilot program under such Act in connection with certain combat support for reserves to be conducted during FY 1992 and 1993 (currently, FY 1993 only). Directs the Secretary of the Army to report to the defense committees on an evaluation of the pilot program, including recommendations for program modifications.
Limits to 200 at any one time the number of full-time reserve personnel who may be assigned to ROTC duty.
Amends the National Defense Authorization Act for Fiscal years 1992 and 1993 to require a report under such Act to include an assessment of the effect on combat readiness of realigning the combat support and combat service support units of active-duty Army personnel.
Provides a preference in application for membership in a National Guard or reserve unit for a person separated (currently, involuntarily separated) from the armed forces during a five-year period beginning on October 1, 1990.
Provides a preference in application for membership in a National Guard or reserve unit for a person separated (currently, involuntarily separated) from the armed forces during a five-year period beginning on October 1, 1990.
Provides that, after September 30, 1995, no person may be appointed to a grade above first lieutenant or lieutenant (junior grade) in the reserves, or be federally recognized in a grade above first lieutenant in the Army or Air National Guard, unless such person has been awarded a baccalaureate degree by an accredited educational institution. Provides exceptions.
Allows for the payment of disability retired pay or severance pay for reserve members disabled while traveling to or from reserve duty training, effective for disabilities incurred on or after November 14, 1986.
Provides service credit, in computing length of service for any purpose, for any period of enlisted service performed while serving on active duty other than for training after July 31, 1990, as a member of the Selected Reserve.
Prohibits the Secretary from reducing the number of medical personnel in any reserve component below the number so serving on September 30, 1992.
Extends through FY 1993: (1) the grade determination authority for Army and Air Force Reserve commissioned medical officers; (2) the authority to promote Army and Air Force reserve commissioned officers on active duty and not on the active duty list; and (3) the years-in-service computation for reserve commissioned officers for purposes of transfer to the Retired Reserve.
Prohibits a former Army or Air Force reserve officer from being reenlisted if: (1) the person was discharged or released from active duty as a reserve on the basis of misconduct, moral or professional dereliction, duty performance below prescribed standards, or retention being inconsistent with national security; or (2) the person's former enlisted status and grade was based solely on the participation in a precommissioning program that resulted in the reserve commission held by such person before release or discharge.
Subtitle C: Service Academies
- Repeals the current requirement that deans of the Military Academy and Air Force Academy be general or flag officers.
Directs the Secretary to report to the defense committees a plan to make the operation of the preparatory schools of the military academies more efficient and cost effective. Requires certain recommendations of the Comptroller General to be considered when formulating such plan.
Authorizes the Secretaries of the Army and Air Force to employ as many civilians as professors, instructors, and lecturers at the Military Academy and Air Force Academy, respectively, as considered necessary. Directs the Secretary of Defense to report to the defense committees recommended legislation for: (1) increasing the number of civilians on the faculties of such Academies; and (2) reducing the number of officers assigned or appointed as permanent faculty at such Academies.
Directs the DOD Inspector General to conduct a management audit of noninstructional staff positions at the military academies to determine which positions are absolutely essential for the accomplishment of the mission of the service academies and the maintenance of their quality of life. Directs the Secretary to report to the Congress on actions taken or proposed as a result of such audit.
Authorizes the Superintendent of the U.S. Military Academy to confer the degree of master of arts in leadership development upon persons who: (1) before the date of enactment of this Act, graduated from such program and fulfilled all requirements; or (2) as of such date, are enrolled in such program at the Academy and subsequently graduate and fulfill its degree requirements.
Subtitle D: Education and Training
- Directs the Secretary to report to the defense committee on the undergraduate pilot training program of the Air Force.
Requires at least 100 of the total number of Army cadets appointed in the financial assistance program for any year to be designated for placement in the Army National Guard after being commissioned into the armed forces upon graduation.
Increases from 1,600 to 3,500 the total number of authorized units of the Junior Reserve Officers Training Corps (JROTC) units in U.S. high schools. Makes eligible for such program any student in a grade above the eighth grade (currently, one must be at least 14 years of age), and aliens lawfully admitted into the United States for permanent residence. Provides an instructor pay formula for the pay as JROTC instructors of former military officer personnel.
Subtitle E: Other Matters
- provides for retention on active duty until the completion of 20 retirement-eligible years of service for certain enlisted regular and reserve members who have completed at least 18, but less than 20 years of such creditable service.
Authorizes a faculty member or student at any of the military service academies or DOD professional military schools to accept an honorarium for an educational speech, appearance, or article published for scholarly or academic activities or purposes, if certain conditions are met with respect certain conditions are met with respect to such appearance, speech, or article. Prohibits the acceptance of such an honorarium for persons employed in a pay level equal to or greater than Level V of the Executive Schedule. Limits to $2,000 the maximum amount of any such honorarium.
Provides for payment for leave accrued and lost by Korean Conflict prisoners of war through funds available in appropriations for military personnel for FY 1993. Extends until September 30, 1993, the payment deadline for such payments by the Secretary concerned.
Directs the Secretary to ensure that any military reserve technician who is involuntarily separated from technician service after completing 20 years of such service due to no longer being a member of the reserves shall be offered a position in the competitive service within DOD for which the individual is qualified at a rate of pay at least matching the rate received for the former technician service. Provides exceptions for separations due to misconduct or delinquency, or in the case of a technician who is eligible for immediate or early retirement.
Directs the Secretary of the Air Force to carry out the high-year tenure program of the Air Force Reserve so as not to require the removal of an Air Reserve technician from active status as a Reservist before attaining age 60 when such technician has at least 33 years of total military service before January 1, 1992, and is otherwise qualified for retention as an Air Reserve technician.
Directs the Secretary and the Secretary of Transportation with respect to the Coast Guard when not operating as a service in the Navy to prescribe regulations containing certain procedures for inpatient and outpatient mental health evaluations for members of the armed forces and the Coast Guard. Requires such regulations to take into account any guidelines regarding psychiatric hospitalization of adults prepared by professional civilian health organizations. Requires such regulations to direct a commanding officer to consult with a mental health professional before referring a member of the armed forces for a mental health evaluation conducted on an outpatient basis. Outlines further requirements with respect to the conduct of such mental health evaluations. Provides certain rights for members referred for a mental health evaluation, including the right to have an Inspector General or attorney advise the member on ways to seek redress under such regulations. Requires a member to be admitted to a treatment facility for an emergency or involuntary mental health evaluation when there is reasonable cause to believe that such member may be suffering from a mental disorder, providing specific rights of redress for a member so admitted. Requires a prompt review of such emergency or involuntary admission and of the appropriateness of continued hospitalization for such condition. Prohibits any person from referring a person for a mental health evaluation as a reprisal for making or preparing a lawful communication under Federal whistleblower provisions. Directs the Secretary and the Secretary of Transportation to prescribe such regulations within 180 days after enactment of this Act, and directs each such Secretary to report to the defense committees on the process of prescribing such regulations.
Directs the Secretary, in consultation with the Director of the Selective Service System (SSS), to report to the President on the continued requirement for registration under the SSS.
Title VI: Compensation and Other Personnel Benefits
Subtitle A: Pay Allowances
- Waives during FY 1993 a required pay increase for military personnel in conformity with the annual GS-level increase for the Federal Government. Increases by 3.7 percent the rates of basic pay, basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1993.
Authorizes the payment of an advance of pay of up to two months' basic pay to a member on duty outside the United States or other place designated by the President if the member or his or her dependents are ordered to be evacuated by competent authority.
Subtitle B: Bonuses and Special and Incentive Pays
- Repeals a Federal provision authorizing the Secretary to authorize the payment of special pay to a biomedical sciences officer of the Air Force. Authorizes such special pay in the case of a officer of the Army Medical Specialist Corps.
Extends for one year through FY 1993: (1) the reenlistment bonus for active-duty members; (2) the enlistment bonus for members having certain critical skills as determined by the Secretary; (3) the aviator retention bonus; (4) the enlistment and reenlistment bonus for reserve personnel; (5) the special pay authority for enlisted reserve personnel assigned to high priority units; (6) the authority for education loans for certain health care professionals of the Selected Reserve; (7) accession bonus for registered nurses; (8) the nurse candidate accession program; and (9) the special pay authority for nurse anesthetists.
Subtitle C: Travel and Transportation Allowances
- Authorizes the Secretary concerned, in the case of a change of permanent station made by a member during FY 1993 through 1997, to extend the period for which subsistence expenses incident to such change are paid or reimbursed to not more than ten days if the new duty station is in a geographical area determined by such Secretary to be suffering from a shortage of safe and affordable housing for specified reasons.
Prohibits any person from having any lien on baggage and household goods being transported for military personnel at Government expense or on a motor vehicle being so transported.
Provides a subsistence reimbursement for expenses incurred by a member of the armed forces while performing duties as an escort of an arms control inspection team of a foreign country while the team is engaged in activities relating to the implementation of an arms control treaty or agreement.
Authorizes the payment of certain evacuation allowances to military personnel, Federal civilian personnel, and certain military dependents who reside in the vicinity of such military personnel, in connection with evacuations required due to Hurricane Andrew in the area of Homestead Air Force Base in Homestead, Florida.
Subtitle D: Retired Pay and Survivor Benefits
- Directs the Secretary to report to the defense committees on alternative approaches to permit the concurrent payment to members and former members of the armed forces of unreduced retired or retainer pay and unreduced veterans' disability compensation payable for service-connected disabilities.
Provides an increase in a recomputed retirement pay for certain enlisted members credited with extraordinary heroism in the line of duty during a period of active service.
Amends the Military Survivor Benefits Improvement Act of 1989 to modify the open enrollment period under the Survivor Benefit Plan (SBP) in the case of a surviving spouse who was entitled, before November 1, 1990, to receive dependency and indemnity compensation (DIC) benefits from the Department of Veterans Affairs based upon on a previous marriage to another member or former member of the armed forces.
Subtitle E: Other Matters
- Authorizes the Secretary concerned to established a program to provide temporary foster care services outside the United States for children accompany members on duty at stations outside the United States.
Applies a Federal provision providing permanent authority for the reimbursement of certain adoption expenses incurred by military personnel to cover expenses incurred during the period beginning October 1, 1990, and ending on December 1, 1991 (which was a test period for the coverage of such expenses).
Sets forth provisions relating to miscellaneous protections, rights, and benefits for military dependents. Directs the Secretary of the military department concerned to pay an annuity to an eligible spouse or former spouse of a member of the armed forces if, after the member becomes eligible for retirement, such member's eligibility to receive retired pay is terminated as the result of member misconduct involving abuse of a dependent, and the spouse or former spouse was either the victim of the abuse and married at the time of abuse or was the natural or adopted parent of a child who was the victim of the abuse. Outlines provisions with respect to annuity amounts and their and termination of payment, application and recertification commencement requirements, and the termination of retired pay benefits to members or former members who are incarcerated for such abuse. Provides other benefits to such spouses and former spouses, including medical and dental care, the use of commissary and exchange stores, and any other benefits accruable as a dependent of a retired member of the armed forces. Provides annuity funding. Directs the Secretary to report to the Congress on actions taken and planned by DOD to reduce or elimination disincentive for a military dependent abused by a member to report such abuse to the proper authorities. Directs the Secretary to conduct a study of, and report to the Congress on, military personnel who were approved during specified fiscal years for early separation from the armed forces as the result of abuse of a spouse or dependent child.
Title VII: Health Care Provisions
Subtitle A: Health Care Services
- Repeals the authority of the Secretary to establish supplemental dental benefits plan for spouses and children of active-duty military personnel under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Repeals the $15 monthly maximum premium for a member enrolled in such supplemental plan. Increases from ten to $20 the monthly maximum premium to be paid by a member enrolled in the basic dental benefits plan. Authorizes the Secretary to reduce premiums to be paid under such plan for enlisted personnel in specified pay grades. Limits such reduction to $10 monthly. Authorizes the Secretary to add specified additional dental benefits to the basic plan, as considered appropriate, with charges to be determined by the Secretary. Repeals a current yearly spending limit on the dental benefits plan. Directs the Secretary to devise and implement a program for the improvement of the provision of dental benefits to military dependents under CHAMPUS.
Directs the Secretary, within 18 months after enactment of this Act, to: (1) establish a demonstration project that permits persons eligible for CHAMPUS medical care and persons eligible for such care who are adversely affected by the closure of a military health care facility to obtain prescription pharmaceuticals by mail; and (2) conduct such demonstration project in two or more regions selected by the Secretary, with each region consisting of two or more States. Directs the Secretary, to the maximum extent practicable, to include in each managed health care program after January 1, 1993, a program to supply prescription pharmaceuticals to such eligible persons. Outlines provisions concerning pharmaceuticals offered as well as purchase fees. Directs the Secretary to report to the Congress on demonstration project results.
Reduces from $10,000 to $7,500 the maximum yearly cost of CHAMPUS health care required to be paid by former member of the armed forces or an individual or family of two or more persons, effective as of FY 1993.
Allows home health services and other services in connection with extraordinary physical or psychological conditions to be provided through CHAMPUS only through a program of individualized case management established by the Secretary and in a manner determined to be cost-effective and appropriate.
Allows for concurrent medical coverage under Medicare (title XIX of the Social Security Act) and CHAMPUS for: (1) end-stage renal (kidney) disease patients; and (2) dependents of former members of the armed forces who have received certain medical care since September 30, 1991.
Extends health care coverage under CHAMPUS to unmarried children of members and former members who are incapable of self-support, under 23 years of age, and enrolled in a full-time course of higher education.
Subtitle B: Health Care Management
- Directs the Secretary to provide by contract for the operation of a health claims processing center to be known as the National Centralized Claims Processing System for CHAMPUS (Center). Requires: (1) the Center to commence operations within seven years after enactment of this Act; and (2) competitive procedures for entering into such a contract. Outlines Center information collection, storage, and processing activities. Requires claims submitted to conform to requirement applicable to claims submitted under part A of Medicare. Requires the Secretary to determine whether the use of a standard identification care containing electronically readable information will enhance the capabilities of the Center.
Prohibits the Secretary from expanding the CHAMPUS reform initiative underway in California and Hawaii to another location until at least 90 days after the Secretary certifies to the Congress that expansion to such location is the most cost-effective method of providing health care to covered beneficiaries in that location. Requires the Comptroller General and the Director of CBO to jointly submit to the Congress a report evaluating the certification made by the Secretary with respect to any new location.
Directs the Secretary, during FY 1993 through 1996, to continue to test a broad array of reform options for furnishing health care to eligible persons under the CHAMPUS health care reform initiative. Directs the Secretary to ensure that a replacement or successor contract for the CHAMPUS Reform Initiative contract applicable for California and Hawaii is awarded in time to begin provision of health care there under the new contract by August 1, 1993.
Directs the Secretary to provide by contract for a person outside the Government to perform an evaluation of the conduct of the CHAMPUS Reform Initiative in California and Hawaii and to report evaluation results to the Secretary and the Congress.
Mandates the delivery of health care services by DOD to members of the armed forces and their covered beneficiaries residing in the Tidewater, Virginia, area to be made in the manner specified in the managed health care provisions of the National Defense Authorization Act for Fiscal Years 1992 and 1993. Amends such Act to direct the Secretary to modify specified guidelines of the DOD coordinated care program as issued by the Assistant Secretary of Defense for Health Affairs to provide for the operation of the program in a manner consistent with the military health care demonstration project currently underway in Charleston, South Carolina, including specified features.
Directs the Secretary to further modify the above guidelines to provide additional incentives for covered beneficiaries to enroll in the coordinated care program established by DOD. Requires such modifications to permit health care demonstration projects in existence on the date of enactment of this Act to offer covered beneficiaries who do not enroll in the DOD coordinated care program the opportunity to use a preferred provider network of health care providers. Prohibits the Secretary from denying access to military treatment facilities to covered beneficiaries who choose not to enroll in the coordinated care program, but allows the Secretary to establish reasonable admission preferences to covered beneficiaries enrolled in such program as an incentive to encourage enrollment.
Amends the National Defense Authorization Act for Fiscal Year 1991 to exempt from Federal acquisition regulations a participation agreement for a managed-care delivery and reimbursement model negotiated between the Secretary and a military treatment facility.
Subtitle C: Other Matters
- Lowers the annual deductible required under CHAMPUS during the six-month period beginning on April 1, 1991 for health care provided to a member or former member entitled to retired or retainer pay who: (1) served on active duty in the Persian Gulf area during such conflict; or (2) was a dependent of a member who served in the Persian Gulf area during such conflict. Provides a reimbursement or credit for persons who paid the higher deductible during such period.
Directs the Secretary to establish a joint service working group on the provision of military health care to person who rely for health care on health care facilities at military installations being closed or realigned. Requires the working group to solicit views from those affected by such closures or realignment regarding suitable substitutes for such care. Requires the working group to recommend to the Congress and the Secretary alternative means of providing accessible health care to such individuals.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to undertake a comprehensive review of the Federal employees health benefits program in order to determine whether furnishing health care under a similar program to CHAMPUS-eligible persons would be more efficient and cost-effective.
Directs the Secretaries of Defense, Health and Human Services, and Transportation to conduct annually a former survey of CHAMPUS beneficiaries with regard to the availability of, familiarity with, and effectiveness of, such health care system.
Directs the Secretary to: (1) conduct a study of the feasibility and advisability of entering into risk-sharing contracts with health care organizations to furnish health care services to persons entitled to such care in a military health care facility; (2) if determined feasible, develop a plan for entering into such contracts; and (3) report study results to the Congress.
Expresses the sense of the Congress that members of the armed forces, and their dependents and survivors, should have access to health care under the health care delivery system of the armed forces regardless of age or health care status. Outlines specified action to be taken under a comprehensive managed health care plan for such individuals by the Secretaries of Defense, Health and Human Services, and Transportation.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters
Subtitle A: Acquisition Assistance Programs
- Codifies within title 10 of the United States Code provisions of the National Defense Authorization Act for Fiscal Year 1987 relating to achieving certain defense contract participation goals for minorities. Continues through FY 2000 the contract goals under such provisions. Requires contractors submitting sealed bids or competitive proposals for the award of such procurement contracts to be in compliance with applicable subcontracting standards of the Small Business Act. Requires the subcontracting plan submitted by such contractor to be a factor in evaluating the bid or proposal.
Earmarks specified funds authorized under this Act for FY 1993 for infrastructure assistance to historically Black colleges and universities and minority institutions.
Requires certain DOD contract solicitations to advise small businesses of their right to request the SBA to review a determination of "nonresponsibility" for performing a contract. Requires a DOD contracting officer making a determination of nonresponsibility to inform such business of such determination, as well as their right to seek review of the determination. Terminates such requirements as of the end of FY 1995.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1994 a test program for the negotiation of small business subcontracting plans. Limits the FY 1994 participants in the program.
Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1999 the test program for contracting for printing-related services for DOD with disadvantaged small business concerns.
Directs the Secretary to publish the DOD policy for the pilot Mentor-Protege Program as required under Federal law within 15 days after the enactment of this Act. Provides related deadlines. Prohibits the SBA from making a disadvantaged small business concern ineligible to receive any assistance authorized under the Small Business Act because of participation in, or receipt of development assistance under, the Mentor-Protege Program. Prohibits a protege firm from being considered an affiliate of a mentor firm for purposes of the Small Business Act solely on the basis of a relationship under the Program. Provides a retroactive effective date for such amendments. Earmarks specified funds authorized under this Act for the Mentor-Protege pilot program.
States as a policy of the Congress that qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to provide approved commodities and services as subcontractors and suppliers under contracts awarded by DOD. Provides that, in the case of a business concern that has negotiated a small business subcontracting plan with a military department or defense agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan. Terminates such provision at the end of FY 1994.
Subtitle B: Acquisition Management Improvement
- Extends the major defense acquisition program in title VIII of the Department of Defense Authorization Act for Fiscal Year 1991 to all defense acquisition programs. Extends such program through FY 1995.
Requires reviews of critical acquisition position assignments to be carried out after October 1, 1995, but authorizes them to be carried out before such date. Provides a waiver from the required three-year assignment period for critical acquisition positions for certain deputy program managers.
Directs the Secretary, acting through the Under Secretary of Defense for Acquisition, to develop fulfillment standards and implement a program for the mandatory defense acquisition personnel training requirements under current law. Makes such standards effective on November 5, 1990, and terminates them on October 1, 1997. Outlines experience requirements for defense acquisition deputy program managers. Allows the Secretary to prescribe standards of equivalent training as substitutes for required business management and training education requirements.
Extends to no later than February 1, 1993, the due date of an independent evaluation by the Comptroller General of actions taken to implement title VIII (the Defense Acquisition Workforce Improvement Act) of the National Defense Authorization Act for Fiscal Year 1991.
Authorizes the Secretary to propose for inclusion in the Federal Acquisition Regulation regulations relating to the certification of contract claims, requests for equitable adjustment to contract terms, and requests for relief under applicable Federal law for requests that exceed $100,000. Requires the Secretary to ensure that such regulations are published in the Federal Register promptly after promulgation. Requires revisions to such regulations to be so published, and requires the Secretary to report to the Congress concerning such revisions. Provides for the resubmission of a shipbuilding contract recertification if such contract is determined to be sufficient because of the position, status, or scope of authority of the person executing the original certification.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to require a report on the rights to technical data due after consultation with a specified committee to be transmitted to the Congress on a day that both Houses of the Congress are in session. Prohibits the Secretary from revising or amending any regulations produced by such committee until 30 days of continuous congressional session have expired.
Directs the Attorney General to ensure that a single point of contact is established to enable a defense contractor or subcontractor to promptly obtain information regarding whether a person the contractor proposes to use for a contracting activity is under a prohibition due to conviction for defense contract-related felonies. Requires such single point of contact to be established within 120 days after enactment of this Act.
Extends through FY 1994 a program for the use of master agreements for the procurement of advisory and assistance services.
Revises the definition of a major defense acquisition program (MDAP) to include those programs which require an eventual total for R & D of more than $300,000,000 (currently $200,000,000) or an eventual total for procurement of more than $1,800,000,000 (currently $1,000,000,000), both figures based on constant FY 1990 (currently 1980) dollars. Authorizes the Secretary to adjust such amounts on the basis of DOD cost escalation rates, with written notification of such adjustments to the defense committees.
Authorizes the Secretary to waive the requirement for submission of Selected Acquisition Reports (SAR) for a program for a fiscal year under specified circumstances, requiring written notification of such waivers to the defense committees. Provides identical requirements for changes in the contents of an SAR. Revises provisions concerning information required to be included in each SAR for the first quarter of a fiscal year, as well as delivery dates of reports by a MDAP program manager of the unit costs of that program. Requires an additional SAR when the Secretary of the military department concerned determines that the program acquisition or current procurement unit cost of a MDAP has increased by at least 15 percent.
Revises Federal provisions concerning allowable defense contractor costs to direct the Secretary to prescribe regulations providing for a waiver of a penalty for the submission of certain indirect contract costs as allowable when: (1) the contractor withdraws such submission before an audit of such costs is begun; (2) the amount of such costs is insignificant; or (3) the contractor demonstrates that it has established appropriate policies and review systems that provide assurances that unallowable costs subject to such penalties are precluded from being included in the contract proposal for settlement of indirect costs.
Allows a contractor that has participated in defense system development, production, or testing solely as a representative of the Federal Government to be involved in the establishment of criteria for data collection, performance assessment, or evaluation activities for the operational test and evaluation of such system.
Directs the Secretary to prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition from terminating or substantially reducing its participation in such program without the approval of the Under Secretary.
Directs the Secretary, before the development stage of a MDAP, to prepare an acquisition strategy for the program which provides for the competitive prototyping of the major weapon system under the program and any major subsystems of such system. Outlines competitive prototyping requirements. Allows such requirements to be waived when a written justification is submitted to the Under Secretary of Defense for Acquisition explaining why the use of competitive prototyping is not practicable.
Subtitle C: Other Matters
- Repeals a Federal provision prohibiting the defense procurement of manual typewriters containing one or more components manufactured or processed in a Warsaw Pact country.
Prohibits the Secretary from procuring during FY 1993 through 1995 ball or roller bearings not produced or manufactured in the United States.
Prohibits the Secretary from procuring a sonobuoy in a foreign country unless U.S. firms that manufacture sonobuoys are permitted to compete on an equal basis with foreign manufacturing firms for the sale of such buoys in that foreign country. Provides a waiver in the interest of national security.
Requires the Secretary to determine whether a person who has been convicted of fraudulently affixing "Made in America" labels on products shipped into or sold in the United States should be barred from contracting with DOD. Directs the Secretary to report to the Congress if he determines that such a person should not be so barred.
Prohibits the purchase by entities controlled by foreign governments of a company that is performing a DOD contract, a DOE contract under a national security program, or DOD or DOE prime contracts in an amount in excess of $500,000,000. Provides exceptions.
Prohibits a DOD or DOE contract under a national security program from being awarded to a company owned by an entity controlled by a foreign government if it is necessary for that company to be given access to information in a proscribed (classified) category of information in order to perform the contract. Authorizes the Secretary to waive such prohibition for national security purposes.
Amends the Defense Production Act of 1950 to direct the President (or his designee) to make an investigation in any instance in which an entity controlled by or acting on behalf of a foreign government seeks to engage in any merger, acquisition, or takeover which could result in the control of a person engaged in interstate commerce in the United States that could affect U.S. national security. Outlines investigation procedures. Directs the Secretary, in investigating such mergers, to consider the potential effects of the proposed or pending transfer on: (1) sales of military goods, equipment, or technology to certain countries identified by the Secretary of State under the Export Administration Act of 1979 and listed on the Nuclear Nonproliferation Special Country List; and (2) U.S. international technology technology leadership in areas affecting U.S. national security. Directs the Secretary to immediately inform the Secretary of the Senate and the Clerk of the House of Representatives in writing of a determination of whether or not to take action against such mergers.
Expresses the sense of the Congress that the President should include in the membership of the Committee on Foreign Investment in the United States the Director of the Office of Science and Technology Policy and the Assistant to the President for National Security.
Directs the Secretaries of Defense and Energy to each collect and maintain a data base containing a list of, and other pertinent information on, all contracts with DOD and DOE which are controlled by foreign persons. Requires the data base to include information on such contractors for 1988 and thereafter in all cases where they are awarded contracts exceeding $100,000 in any single year by either Department. Directs such Secretaries and the Secretary of Commerce to report annually beginning in 1994 a summary and analysis of the information collected for that year. Requires a technology risk assessment to be performed by an appropriate Federal entity if the Secretary, acting on behalf of the President, determines that a proposed or pending merger may involve a firm engaged in the development of a defense critical technology or is otherwise important to the defense industrial and technology base.
Directs the Secretary to require to be included in any contract entered into with the LTV Aerospace and Defense Company (LTV) provisions which preclude LTV from selling its operating assets to another entity unless such entity agrees to assume all the liabilities of the contractor to all retired employees of LTV. Provides applicability requirements and transition provisions.
Requires a firm that is performing a DOD contract in excess of $10,000,000 to notify DOD in advance of any intention to perform outside of the United States or Canada any part of such contract in excess of $500,000 which could be performed in the United States or Canada. Makes such requirement inapplicable to specified contracts.
Directs the Secretary to establish and carry out an acquisition fellowship program to enhance the ability of DOD to recruit employees who are highly qualified in the fields of acquisition. Authorizes the Secretary to designate up to 25 prospective employees of DOD as acquisition fellows. Directs the Secretary to pay such fellows chosen to engage in research or teaching for a two-year period in a field related to Government acquisition policy.
States that a provision of the National Defense Authorization Act for Fiscal Year 1987 which prohibits the purchase of petroleum products from Angola shall cease to be effective when free, fair, and democratic elections have taken place there.
Amends the Arms Export Control Act and other Federal provisions to authorize DOD to share equitably with U.S. allies involved in a joint R & D contract the costs of claims with respect to any such R & D programs. Terminates such provision two years after the enactment of the Act.
Title IX: Department of Defense Organization and Management
Subtitle A: Roles and Missions
- Requires transmission to the Congress after January 1, 1992, by the Secretary of a report of the Chairman of the JCS with respect to the roles and missions of the armed forces. Places funding limitations on certain tactical aircraft modernization programs until the Secretary has submitted such report to the Congress, along with specified technical assessments and related information. Requires such report to include a comprehensive affordability assessment of the long-range modernization plans of DOD for tactical aircraft programs. Outlines certain assessments to be undertaken by the Defense Science Board with respect to such tactical aircraft programs.
Expresses the sense of the Congress that, with respect to the roles and missions of the Army and Marine Corps, each such branch should intensify efforts to eliminate unnecessary duplication and improve inter-service coordination and to specialized in specific functional areas. Encourages the JCS Chairman to examine certain information with respect to the duality of functions of each such branch with respect to mid- and high-intensity combat.
Limits the obligation of certain funds authorized under this Act for procuring operational support airlift aircraft. Prohibits the expenditure of any such funds until the Secretary has completed and transmitted to the defense committees a study of operational support airlift aircraft and administrative transport airlift aircraft operated by the National Guard and reserve components.
Subtitle B: Joint Chief of Staff
- Designates the Vice Chairman of the JCS as a member of the JCS.
Subtitle C: Professional Military Education
- Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to delay until January 1, 1994, the application of an amendment which defines the "principal course of instruction" at the Armed Forces Staff College.
Directs the Secretary of the Army to prepare, and report to the Congress on, a plan for carrying out a test program to improve the provision of professional military education to reserve officers of the Army by assigning or attaching such officers to an Army Reserve Forces school in an inactive duty status for the purpose of attending professional military education courses offered by the school.
Includes the Foreign Language Center of the Defense Language Institute within those educational institutions that the Secretary of Defense may employ as many civilians as professors, lecturers, and instructors as is considered necessary.
Subtitle D: Other Matters
- Directs the Secretary to make certain certifications to the defense committees with respect to the assignment of functions and personnel for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the special operations command. Provides an alternative to such certifications.
Directs the Secretary, after consultation with the JCS Chairman, to conduct a study of military officer positions that are designated as joint duty assignments. Requires the heads of military departments, defense agencies, and other DOD components to make adjustments in such assignments as required in light of the conclusions of such study. Directs the Secretary to report to the defense committees on study results and recommendations for legislative changes proposed by the Secretary.
Directs the Secretary, in consultation with the JCS Chairman, to give credit on a case-by-case basis for having completed a full tour of duty in a joint duty assignment (as required for certain promotions) for officers performing service in the Persian Gulf combat zone during the period beginning on August 2, 1990, and ending on February 28, 1991, as long as such assignment provided significant experience in joint duty matters. Directs the Secretary to establish uniform criteria to be used by all service branches in determining whether to give such an officer such joint duty credit. Makes inapplicable certain reporting and policy requirements to officers given such credit. Waives a certain required program of education for such officers for purposes of nomination to the joint specialty under specified armed forces provisions. Requires certain information with respect to such crediting to be included in the annual join specialty report of the Secretary. Terminates the authority of the Secretary to grant such joint duty crediting six months after the enactment of this Act.
Authorizes the JCS Chairman to provide funds from the CINC Initiative Fund to the Director of the Joint Staff with respect to an area not within the responsibility of a commander of a combatant command. Directs the Chairman to give priority consideration in the provision of funds to the Director for activities that would: (1) enhance the war fighting capability, readiness, or sustainability of the forces involved; or (2) reduce the threat to, or otherwise increase, the national security. Limits to $2,000,000 the funding to provide military education and training to military and related civilian personnel of foreign countries.
Directs the Secretary of the Navy to consolidate and streamline the Navy headquarters establishments within the Office of the Chief of Naval Operations to reflect changes in the roles and missions of the Navy. Establishes within the Navy a Director for Expeditionary Warfare. Terminates such position on November 1, 1997.
Requires, during the two-year period beginning on February 1, 1993, the special operations commanders within the U.S. Southern and Central Commands to be of general or flag officer grade. Directs the Secretary to report to the Congress recommendations for the grade structure for the special operations forces component commander for each unified command, particularly as to whether such commander should be of general or flag officer grade.
Directs the Secretary to report to the Congress on the implementation of the requirement that all active and reserve special operations forces stationed in the United States be assigned to the special operations command unless otherwise directed by the Secretary. Requires such report to delineate the respective responsibilities of the commander of the special operations command and the chiefs of the reserve components regarding the peacetime command and control of reserve special operations forces.
Title X: General Provisions
Subtitle A: Financial Matters
- Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in this Division for FY 1993 between any such authorizations for that fiscal year (or any subdivisions thereof), to be merged with and available for the same purposes as the authorization to which transferred. Limits to $1,500,000,000 the total amount of authorizations which may be so transferred. Requires the Secretary to promptly notify the Congress of any such transfers.
Directs the Secretary to submit to the Congress for each fiscal year a future-years mission budget for the military programs of DOD requiring such budget to be consistent with the future-years defense program required under title II of this Act. Requires DOD military program in the budget to be organized on the basis of major roles, missions or forces of DOD.
Prohibits the Secretary from reobligating any sum in a merged (a so-called "M") account of DOD until the Secretary has identified an equal sum under the National Defense Authorization Act for Fiscal Year 1991 that can be cancelled. Requires the Secretary to: (1) report monthly to the defense committees on the amount of funds reobligated from "M" accounts, together with the amount of funds cancelled; and (2) provide specified congressional notification for an "M" account reobligation in an amount greater than $10,000,000. Terminates the reobligation prohibitions when all audits and cancellations of balances of such accounts have been completed.
Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) provide specified additional transition authority with respect to closing or expired DOD appropriation accounts; and (2) require certain certifications from the Secretary to the Congress before such authority may be exercised.
Mandates that no funds are authorized to be appropriated under this Act for the Federal Bureau of Investigation.
Incorporates the Classified Annex prepared in conjunction with this bill into this Act. Directs the President to provide for the appropriate distribution of the Annex within the executive branch of the Government.
Subtitle B: Naval Vessels and Related Matters
- Directs the Secretary of the Navy to report to the defense committees on the Navy's plan for developing a second East Coast homeport for nuclear-powered aircraft carriers.
Prohibits the Secretary of the Navy, in the case of a naval vessel not homeported in the United States, from undertaking any overhaul, repair, or maintenance of such vessel requiring more than six months during the 15-month period preceding the planned reassignment of the vessel to a U.S. homeport.
Directs the Secretary of the Navy to report to the defense committees and the Comptroller General on Navy actions and plans for the consolidation and centralization of control over forces assigned to the mine counter-measure mission. Requires the Comptroller General to report to the defense committees and evaluation of the Secretary's report. Prohibits such Secretary from taking any action with respect to the relocation of functions and personnel of specified mine warfare schools and centers or any mine countermeasure helicopter squadron until a specified conditional date.
Directs the Secretary of the Navy to transfer to the Department of Transportation two named vessels (when no longer required by the Navy) for assignment to Texas A&M University and the Maine Maritime Academy. Authorizes such Secretary or the Secretary of Transportation (depending on jurisdiction at the time) to transfer the obsolete vessel Wahkiakum County to a named California nonprofit organization for educational and environmental purposes.
Directs the Secretary of the Navy to report to the Congress describing the practice of Navy compliance with certain restrictions on the repair of U.S. vessels in foreign shipyards.
Repeals a Federal provision requiring the construction in a U.S. navy yard of the first and each succeeding alternate U.S. combatant and escort vessel.
Subtitle C: Fast Sealift Program
- Authorizes the Secretary of the Navy to use funds available for the Fast Sealift Program to: (1) acquire vessels for such program from among available vessels built in U.S. shipyards; and (2) convert in U.S. shipyards vessels built in U.S. shipyards. Allows funds from such program to be used to acquire five vessels built in foreign shipyards for conversion in U.S. shipyards if such Secretary determines that such acquisition is necessary to expedite the availability of vessels for sealift.
Revises the Navy fast sealift program to require the vessels constructed under the program to incorporate bridge and machinery control systems and interior communications equipment which have more than half of their value, in terms of cost, added in the United States. Authorizes the Secretary to waive such requirement when the system is not available or the costs of compliance would be unreasonable compared to the cost of purchase from a foreign manufacturer.
Directs the Secretary to report to the Congress the specific purposes for the obligation of FY 1993 funds for the procurement of strategic sealift. Prohibits the obligation of any FY 1993 Navy strategic sealift funds until 30 days after such report is received.
Establishes in the Treasury the National Defense Sealift Fund for: (1) construction, purchase, alteration, and conversion if DOD sealift vessels; (2) operation, maintenance, and lease or charter of DOD vessels for national defense purposes; (3) installation and maintenance of defense features for national defense purposes of privately owned and operated vessels that are constructed in the United States and documented under U.S. laws; and (4) R&D relating to national defense sealife. Provides for: (1) Fund deposits; (2) acceptance of voluntary support; (3) a limitation of five vessels built in foreign shipyard with funds from the Fund; (4) Fund expiration after five years from its establishment; (5) separate budget requests with respect to the Fund; (6) title and management of vessels used in national sealift; (7) authority for certain Fund uses; (8) transfer authority from prior-year Navy sealift funding; and (9) the authorization of appropriations for FY 1993 (with a limitation) for Fund purposes.
Subtitle D: Defense Maritime Logistical Readiness
- Directs the Secretary to require all sealift ships built under the fast sealift program established under prior law to be constructed and designed to commercial specifications. Requires the President to establish an interagency working group to develop and implement a plan to ensure that domestic shipyards can compete effectively in the international shipbuilding market.
Directs the Secretary to report to the Congress, at the same time as the submission of the President's annual budget submission for FY 1994, on: (1) countries that provide subsidies for the construction or repair of vessels in foreign shipyards or that engage in ship dumping practices; (2) defense contracts awarded to such countries; and (3) the general adequacy of the U.S. shipbuilding industry. Provides certain penalties for the President's failure to timely submit the required plan as developed by the interagency working group.
Subtitle E: Counter-Drug Activities
- Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) extend through FY 1994 the authority of the Secretary to provide support for the counter-drug activities of any other Federal department or agency or a State, local, or foreign law enforcement agency; (2) add to such authorized support services the detection, monitoring, and movement of air and sea traffic within 25 miles of and outside the geographic boundaries of the United States, as well as the provision of linguist and intelligence analysis services; and (3) prohibit the Secretary from limiting the requirements for such support to only critical, emergency, or unanticipated circumstances. Provides funding for such support activities. Authorizes DOD personnel to maintain and operate equipment for such detection, monitoring, and movement of air and sea traffic within such 25-mile area.
Directs the Secretary to establish requirements for detection and surveillance systems to be used by DOD in the performance of its mission as lead Federal agency for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States. Requires the Secretary to identify and evaluate existing and proposed counter-drug detection and monitoring systems in light of such requirements, and, following such evaluation, to prepare a plan for the development, acquisition, and use of improved counter-drug detection and monitoring systems by the armed forces. Requires priority in the selection of such a system to be given to DOD assets and technologies already in existence or which would require little additional development for such purposes. Directs the Secretary to report to the Congress on the requirements established. Prohibits funds from being obligated for an updated system until such report is received.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1997 the authority of the Secretary to transfer excess personal property of DOD to other Federal and State agencies.
Directs the Secretary to conduct a pilot outreach program aimed at reducing the demand for illegal drugs. Allows the Secretary to provide travel and living expenses to military personnel who participate in the pilot program. Provides funding for such program from FY 1993 counter-drug activities funds. Extends such pilot program for three years after the date of enactment of this Act. Directs the Secretary to report to the Congress an assessment of the pilot program, together with recommendations.
Subtitle F: Technical and Clerical Amendments
- Reorganizes under Federal armed forces provisions specified definitions, and makes miscellaneous technical and clerical amendments.
Subtitle G: Amendments to the Uniform Code to Military Justice
- Designates as chief judge of the U.S. Court of Military Appeals the senior in commission among the judges who: (1) has served for one or more years as judge; and (2) has not previously served as chief judge. Provides for a chief judge term of five years, with a continuation of such term if there are not other judges eligible for chief judge at the end of such term. Provides for the early termination of such five-year term under certain circumstances. Provides transition provisions to cover the current chief judge.
Makes eligible for the Federal Employees Retirement System (FERS) a person appointed as a judge to the U.S. Court of Military Appeals who, prior to such date, was enrolled in the Civil Service Retirement System (CSRS). Provides transition provisions for those judges who are currently subject to CSRS, allowing for continued coverage (upon election) under CSRS or a refund under their former coverage and election to be covered under FERS.
Revises the Uniform Code of Military Justice with respect to: (1) jurisdiction; (2) certain adjudications and postponements of sentences; and (3) offenses relating to the drunken or reckless operation of a vehicle, aircraft, or vessel.
Subtitle H. Other Matters
- Adds new recordkeeping requirements to be followed by the Secretary of a military department when conducting an accident or safety investigation of an accident involving an aircraft under the jurisdiction of such Secretary. Directs the Secretary concerned to disclose to the public, upon request, unclassified tapes, scientific reports, and other information pertinent to an aircraft accident investigation before the release of the final accident investigation report if such release: (1) would be part of the final report; (2) would not undermine the conduct of the remainder of the investigation; and (3) would not compromise national security. Outlines provisions with respect to findings regarding the cause of an accident, and disallows such findings to be used as evidence in any criminal proceeding arising from such accident, or as an admission of liability.
Requires the Secretary concerned to ensure that fatality reports and records pertaining to any member of the armed forces who dies in the line of duty be made available to family members of such member. Requires certain information to also be provided to such surviving family members with respect to an investigation into the death of a member of the armed forces. Requires investigative and fatality reports to become available to family members as soon as possible, consistent with Federal information disclosure laws. Requires the Secretary concerned to provide certain assistance to families when an investigative or fatality report cannot be immediately released at the time of notification of death. Allows all such notification requirements to be waived on a case-by-case basis when not in the interest of national security. Directs the Secretary of Defense to conduct a review of the fatality notification procedures used by the military departments, and report to the defense committees on review results.
Authorizes the Secretary of the Navy to enter into an agreement with an accredited institution of higher education to permit certain students enrolled at that institution to receive instruction at the Naval Postgraduate School on a tuition-free basis, in exchange for the institution permitting an officer to attend courses offered by that institution on a tuition-free basis.
Makes eligible for such free tuition students who: (1) are U.S. citizens or lawfully admitted aliens; and (2) demonstrate ability in a field of study designated as related to naval warfare and national security.
Repeals a provision of the National Defense Authorization Act, Fiscal Year 1989 which requires an annual report from the Secretary to the Congress assessing security at U.S. military facilities in the Philippines.
Prohibits, with an exception, the use of funds appropriated or otherwise made available to DOD during FY 1992 for the construction or capitalization and specified military museums, or the renovation of a certain submarine for use by an Oregon museum.
Authorizes the Secretary of the Army to award fellowships in military history to citizens and nationals of the United States who are graduate students in U.S. military history, have completed their doctoral requirements other than a dissertation, and agree to prepare a dissertation in an area of military history determined by the Secretary.
Allows employees who moved after December 31, 1986, and before April 16, 1991, between different leave systems (appropriated vs. nonappropriated fund employment positions) to elect between the receipt of accrued leave or a lump-sum payment for such leave upon such transfer.
Directs OPM to conduct a study of, and report to the Congress on, the feasibility of providing to temporary Government employees the same health and life insurance, retirement benefits, and other rights and benefits as are generally available to permanent Government employees. Requires OPM to include in such report recommendations for appropriate legislative or administrative action in connection with study results.
Considers U.S. military physicians with at least four years of professional experience as civil surgeons for purposes of the performance of physical examinations required of special immigrants under the Immigration and National Act.
Authorizes the Secretary concerned to approve a State application to use or imitate the seal or other insignia of that military department on motor vehicle license plates issued by the State to an individual who is a member or former member of the armed forces.
Directs the Secretary to establish the Civil-Military Cooperative Action Program under which the Secretary may use the skills, capabilities, and resources of the armed forces to assist civilian efforts to meet the domestic needs of the United States. Outlines Program objectives. Directs the Secretary to encourage the establishment of advisory councils on civil-military cooperation at the regional State, and local levels, as appropriate, in order to obtain recommendations for projects and activities and guidance for the Program from persons who are familiar with National, State, and local conditions and needs. Directs the Secretary to prescribe specified rules and regulations governing the provision of assistance under the Program.
Provides that, in the event that a U.S. defense contractor or industrial association request DOD or a military department to provide support in the form of military equipment for any airshow or trade exhibition held outside the United States, such equipment may not be supplied unless the contractor or association agrees to reimburse the United States for certain personnel, transportation, and incremental miscellaneous costs incurred. Prohibits a military department from participating directly in such a show or exhibition unless the Secretary determines that it is in the national security interest to do so and notifies the defense committees of such participation.
Expresses the sense of the Congress that the Secretaries of the military departments should consider a recommendation for a decoration or award for World War II service, without regard to certain time limitations on such awards, if the recommendation: (1) is submitted before December 31, 1995; (2) involves a decoration or award that is not established by Act of Congress; and (3) presents new information or evidence that the original recommendation was not submitted or was mishandled due to administrative error.
Expresses the sense of the Congress that the President should award the Navy Expeditionary Medal to members of the Navy who served in Navy Task Force 16 and participated in an air raid of Tokyo in April, 1942.
Expresses the sense of the Congress that the Secretaries of the military departments concerned should: (1) ensure that in the future the Purple Heart is awarded without hesitation to members of the armed forces killed or wounded by friendly fire while actively engaged with the enemy; and (2) award the Purple Heart to all members so killed or wounded on or after December 7, 1941.
Directs the Secretary to conduct a study of, and report to the defense committees on, an examination of the economic and other effects on the reserves and National Guard resulting from their absences from their businesses because of active-duty service in connection with Operations Desert Shield and Desert Storm.
Subtitle I: Youth Service Opportunities
- Authorizes the President, during FY 1993 through 1995, to conduct a pilot program known as the National Guard Civilian Youth Opportunities Program aimed at improving through military based training the life skills and employment potential of civilian youth who cease to attend secondary school before graduation. Requires the pilot program to be conducted at any ten of the States, territories, Puerto Rico, or the District of Columbia. Outlines provisions concerning: (1) program agreements between the Secretary and a chosen jurisdiction; (2) authorized benefits for youth participants in the program; (3) the use of National Guard personnel at a chosen site for administrative, training, or support services for the program; (4) the use of National Guard equipment and facilities for the program; (5) the Federal employee status of participants in the program for purposes of certain laws and benefits; (6) program funding and supplemental funding by the Governor of the chosen jurisdiction; (7) a required report from the Secretary to the defense committees after one year of the pilot program; and (8) an earmarking of specified funds for such program from FY 1993 DOD operation and maintenance funds.
Amends the National and Community Service Act of 1990 to authorize the Commission on National and Community Service to establish the Civilian Community Corps Demonstration Program (Program) to carry out specified objectives. Requires members of a Civilian Community Corps (Corps) to receive training and perform service in a national service program or a summer national service program. Requires both programs to be residential, under which Corps members reside in Corps housing during their service.
Provides that, under the national service program, youths between 16 and 24 years of age and from economically, geographically, and ethnically diverse background shall work in teams on Corps projects for a period of between nine months and one year. Provides that, under the summer national service program, a diverse group of youths between 14 and 18 years of age shall work in teams on Corps projects for periods after April 30th and before October 1 of a year. Requires the Corps to be under the direction of a Director, who shall choose all Corps members. Provides for: (1) membership application requirements; (2) organization of the Corps into units, with unit camp assignments; and (3) Corps standards of conduct and sanctions, including member dismissal or transfer (with a right to appeal). Requires each Corps member to be trained for three to six weeks in a weeks in a service-learning curriculum designed to promote team building, discipline, leadership, work, training, citizenship, and physical conditioning. Provides further training requirements for each Program type. Allows such training to be provided at installations and facilities of DOD and the National Guard.
Requires service projects carried out by the Corps to: (1) meet an identifiable public need; (2) emphasize the performance of community service activities that provide community benefits and opportunities for service learning and skills development; (3) encourage work to be accomplished in teams of diverse individuals working together; and (4) include continued education and training in various technical fields. Outlines provisions concerning: (1) development of Corps project proposals by various Federal officials; (2) project selection, organization, and performance; and (3) authorized benefits (living allowances, transportation, equipment, clothing, health care, counseling, and other supportive services).
Requires the Director to provide educational assistance to each Corps member who: (1) completes a period of agreed service in the Corps; and (2) elects to receive such educational assistance. Requires the Director to provide such assistance to requesting members who do not complete the period of agreed service. Provides educational assistance amounts (with greater benefits deriving from the national service program) and reduces such amounts proratedly for periods of incomplete service. Limits the uses of such educational assistance payments. Requires the Director to provide a cash benefit, in lieu of the educational assistance payment, to each Corps member so electing. Authorizes the Director, to the extent considered appropriate and upon a member's successful completion of his or her service period, to provide the member with: (1) assistance to pursue a high school diploma or its equivalent; (2) other educational assistance for pursuing a degree at an institution of higher education; or (3) assistance for obtaining employment and support services as necessary and appropriate.
Requires a Board to monitor and supervise the administration of the Corps Program established under this Subtitle. Requires the Director to establish a permanent cadre of supervisors and training instructors for Corps programs. Authorizes the Director to accept the voluntary services of individuals in connection with authorized Corps activities.
States that Corps member shall not be considered to be Federal employees or subject to Federal employment laws, except that they shall be covered under Federal workers' compensation and tort claims laws and procedures.
Authorizes the Director, by contract, or grant, to allow any public or private organization to perform any program function in connection with Corps activities. Directs the Secretary of Defense to establish an office to provide liaison between the Secretary and the Corps. Requires the Secretary to develop a list of individuals to be recommended for appointment in the permanent cadre of Corps personnel (supervisors and instructors). Requires the Secretary to identify appropriate DOD military installations and other facilities, as well as National Guard facilities, to be used for Corps programs and activities.
Establishes the Civilian Community Corps Advisory Board to advise the Director concerning the administration of Corps programs and to assist in the development and administration of the Corps. Requires the Commission on National and Community Service to conduct an annual evaluation of Corps programs. Provides a funding limitation. Directs the Commission to report to the appropriate congressional committees on the implementation of provisions relating to the Corps and their programs and activities. Provides funding for the Corps program from FY 1993 DOD operation and maintenance funds. Provides for the coordination of Corps programs and activities with other youth programs established under this Act, with specified objectives.
States as a purpose of this Subtitle to increase the ability of the Commission to expand non-residential programs that perform worthwhile urban and rural community projects that assist in the economic transition of localities affected by DOD conversion. Earmarks a specified amount of FY 1993 DOD operation and maintenance funds to be available to the Board of Directors of the Commission for activities described under specified provisions of the National and Community Service Act of 1990. Outlines various uses of the funds, including programs located in communities where facilities of military installations have been closed, and programs that employ retired, inactive, discharged or volunteer military personnel. Requires funds authorized for Corps demonstration programs, before their obligation for such purposes, to be determined by the Director of OMB to be counted against the defense category of the discretionary spending limits for FY 1993, as defined by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Title XI: Army Guard Combat Reform Initiative
- Army National Guard Combat Readiness Reform Act of 1992 -
Subtitle A: Deployability Enhancements
- Directs the Secretary of the Army to have an objective of increasing the percentage of qualified prior active-duty personnel in the Army National Guard to 65 percent in the case of officers, and 50 percent in the case of enlisted personnel, by September 30, 1997. Directs the Secretary to establish interim accession percentages during FY 1993 through 1997 in order to achieve such percentages.
Requires military academy graduates and graduate commissioned as distinguished ROTC graduates who are permitted to be released from active duty before the completion of their service obligation to serve the remaining period of such obligation in the Selected Reserve. Authorizes the Secretary concerned to waive such requirement when there is no unit position available for such officer. Allows ROTC graduates to perform their required period of obligated service with a combination of active duty and duty in the National Guard.
Provides for review of a unit vacancy officer promotion in the Army National Guard above the grade of first lieutenant by the commander of the associated active duty unit of such officer. Provides implementation deadlines. Directs the Secretary of the Army to report to the defense committees on the feasibility of such reviews.
Allows Army noncommissioned officer education requirements for promotion to a higher grade to be waived only if the Secretary of the Army determines that the waiver is necessary to preserve unit leadership continuity under combat conditions.
Directs the Secretary of the Army to establish a personnel accounting category for Army National Guard members to categorize members who have not completed the minimum training requirements for deployment or who are not otherwise available for deployment. Provides for account administration and uses. Requires all members entering the Army National Guard to be qualified for deployment within 24 months of entry, or to be discharged. Directs such Secretary to transfer the personnel classification of an Army National Guard member to such account if the member does not meet minimum physical profile standards required for deployment Requires each Army National Guard member: (1) to undergo a medical and dental screening on an annual basis; and (2) over 40 years of age to undergo a full physical examination not less often than every two years.
Directs the Secretary of the Army to develop a plan to ensure that units of the Army National Guard scheduled for early deployment in the event of a mobilization are dentally ready for such deployment. Requires a report to the defense committees.
Directs such Secretary to establish a program to minimize the post-mobilization training time required for combat units of the Army National Guard. Directs such Secretary to expand the use of training simulators and other training devices and technologies in order to increase training opportunities for Army National Guard unit members.
Subtitle B: Assessment of National Guard Capability
- Directs the Secretary of the Army to make specified modifications in the readiness rating system for units of the Army Reserve and Army National Guard to ensure that such system provides an accurate assessment of the deployability of a unit and of shortfalls that require additional resources. Requires (currently authorizes) the Secretary of the Army to conduct certain Army National Guard and Reserve unit inspections. Requires inspection reports to include information as to whether Army National Guard units meet deployability standards.
Subtitle C: Compatibility of Guard Units With Active Component Units
- Directs the Secretary of the Army to require each National Guard combat unit to be assigned with an active-duty unit. Directs the commander of the associated unit to be responsible for and approve the training, readiness, manpower, equipment and supplies, and the compatibility of such National Guard associated unit. Directs the Secretary to achieve implementation by October 1, 1985.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to require, after September 30, 1994, that not less than 3,000 additional warrant officers and enlisted members serve as advisers under a pilot program for active component support of the reserves.
Directs the Secretary of the Army to develop, implement, and report to the defense committees on a program to ensure that Army personnel, supply, maintenance management, and finance systems are compatible across all Army components. Requires information on the compatibility of the equipment of the Army reserve and active-duty components to be included as part of a certain required annual report from the Secretary of Defense to the Congress.
Directs the Secretary of the Army to develop a system for identifying the priority for mobilization of Army reserve component units based on regional contingency planning requirements and doctrine to be integrated into the Army war planning process. Requires such system to include the use of unit deployment designators to specify the post-mobilization training days allocated to a unit before deployment.
Prohibits a member enlisting in the Selected Reserve from being paid a prior-service enlistment bonus unless the critical skill which such person holds is a skill in which the member successfully served while on active duty and attained a level of qualification commensurate with the member's grade and years of service.
Directs the Secretary to conduct, and report to the defense committees on, an assessment of the feasibility of implementing the provisions of this title for all reserve components.
Title XII: Supplemental Authorization of Appropriations
Subtitle A: Operation Desert Storm
- Amends the Persian Gulf Supplemental Authorization and Personnel Benefits Act of 1991 to extend through FY 1993 provisions relating to the establishment of the Persian Gulf Working Capital Account, the authorization of supplemental appropriations to such Account, and monthly reports on transfers to such Account. Authorizes additional appropriations for FY 1992 and 1993 to such account for military personnel and increases the authorized transfers for each fiscal year authorized under such Act by the amount of additional funds authorized to be appropriated by this Act.
Subtitle B: Hurricane Andrew and Typhoon Omar
- Authorizes supplemental and emergency supplemental appropriations for FY 1992 to cover incremental costs arising within DOD from the consequences of Hurricane Andrew and Typhoon Omar.
Title XIII: Matters Relating to Allies and Other Nations
Subtitle A: Burdensharing
- Reducing by $500,000,000 less than the FY 1992 authorized amount the total amount authorized to be obligated by DOD to conduct overseas basing activities during FY 1993. Expresses the sense of the Congress that such amounts should be so reduced in order to reflect U.S. troops withdrawal generally overseas and as countries there assume an increased share of the costs of U.S. military installations there. Provides that such required obligation reduction should be offset either by increased host-nation support or by accelerated U.S. forces and equipment withdrawal. Requires realized savings to be allocated to operation and maintenance and military construction activities of DOD at military installations and facilities located inside the United States. Directs the President, in order to achieve such in FY 1994 and beyond, to enter into a revised host-nation agreement with NATO-member nations and other nations with which the United States has a multilateral defense agreement for such nations to assume a greater share of the costs of providing U.S. personnel, equipment, and supplies in such country. Requires such country to also: (1) relieve the United States of all tax liability incurred by U.S. armed forces there; and (2) ensure that goods and services furnished in that country to U.S. armed forces are provided at minimum cost without user fees.
Reduces on and after September 30, 1996, the end strength level of U.S. military personnel assigned to permanent duty ashore outside of the United States to 60 percent of the level assigned as of FY 1992, with an exception in the case of attack against a NATA member, Japan, Korea, or other U.S. ally.
Amends the National Defense Authorization Act, 1985, to reduce the authorized end strength for the number of U.S. military personnel in Europe.
Directs the Secretary to report to the defense committees from FY 1993 to 1997 on overseas basing plans of the United States in light of scheduled closures of military installations located outside the United States. Requires the Secretary to also report on the Federal budget implications of a basing agreement entered into between the United States and a foreign nation with respect to U.S. military forces outside the United States.
Subtitle B: Cooperative Agreements and Other Matters Concerning Allies
- Provides for a method of liquidation of credits and liabilities of parties to cooperative military airlift agreements. Adds Japan and Korea to the list of countries eligible for such agreements.
Authorizes the Secretary to acquire logistic support, supplies, and services for elements of the armed forces deployed outside of the United States (currently, deployed in Europe and adjacent waters). Excepts a period of active hostilities involving the armed forces (currently, NATO) from a provision concerning the liabilities that may be accrued by the United States for the acquisition of supplies.
Amends the Foreign Assistance Act of 1961 to extend through FY 1991 the authority for the Government of Oman to receive certain excess defense articles.
Directs the President to report to the Congress on possible revisions to the North Atlantic Treaty of 1949 in light of the reduced threat to Western Europe of the Soviet Union (sic) and its allies.
Subtitle C: Matters Relating to the Former Soviet Union and Eastern Europe
- Expresses certain congressional findings and goals with respect to nuclear weapons reduction in light of the end of the Cold War, requesting the President and the Congress to begin the process of reducing nuclear weapons in every country. Directs the President to report annually to the Congress on actions taken to achieve specified nuclear weapons reduction policy objectives, as well as actions taken by the Russian Federation, by other former Soviet republics, and by other countries (especially the United Kingdom, France, and China) to achieve those policy objectives.
Authorizes the Secretary to carry out a program for the provision of technical assistance to address the infrastructure needs of the independent states of the former Soviet Union (CIS). Requires such assistance to be provided by volunteers who are retired or former members of the armed forces recently released from active duty. Directs the Secretary to select the volunteer participants in the program. Outlines participants requirements, including: (1) that such individuals were released from active duty under a voluntary separation program; (2) that they possess certain skills relevant to CIS infrastructure needs; and (3) that such individuals were separated not more than two years before the date of enactment of this program. Deems any such individual a Federal employee for purposes of workmen's compensation and tort claims provisions. Requires such individuals to serve in a CIS state for at least two years. Requires the Secretary to maintain a registry of qualified applicants.
Authorizes the Secretary to identify the technical skills that could be provided by volunteers under the program and to identify opportunities for placement. Directs the Secretary of State to approve the functions to be performed by such volunteers, as well as their assignments. Authorizes such Secretary to provide volunteers with any appropriate language, culture, and other education and training. Provides an annual stipend of $25,000 to each individual volunteer. Authorizes the Secretary to pay certain volunteer-related expenses (transportation, medical care, housing) if found necessary in order to recruit qualified volunteers for the program. Terminates the selection of program volunteers on September 30, 1995. Makes certain Federal funding transfers in order to provide program funds.
Subtitle D: Matters Relating to the Middle East and Persian Gulf Region
- Directs the Secretary to report to the defense committees on the U.S. strategic posture in the Middle East and Persian Gulf region. Requires such report to include a military threat assessment for such regions.
Expresses as U.S. policy the opposition to restrictive trade practices fostered or imposed by foreign countries against other countries friendly to the United States or against any other U.S. persons. Prohibits any DOD prime contract in excess of the small purchase threshold from being awarded to any foreign person, company, or entity unless such entity certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel. Authorizes the Secretary to waive such prohibition in specific instances when necessary for national security, requiring notice to the Congress of each such waiver. Provides other exceptions to such prohibition.
Subtitle E: International Peacekeeping Activities
- Directs the President to report to the Congress on the proposals of the Secretary General of the United Nations made in his report concerning preventive diplomacy, peacemaking, and peacekeeping.
Authorizes the Secretary, during FY 1993 and subject to specified limitations and requirements, to furnish funds, supplies, services, and equipment to support international peacekeeping activities of the United Nations or any regional organization of which the United States is a member. Prohibits any such assistance unless the Secretary certifies to the Congress that U.S. military preparedness will not be adversely affected. Requires 30 days' advance notice to the Congress prior to the obligation of funds for such assistance. Terminates the authority of the Secretary to provide such assistance as the end of FY 1993.
Subtitle F: Overseas Operation and Maintenance Activities
- Prohibits fund available to DOD from being used to pay: (1) severance pay to a foreign national employed by DOD in the Philippines if the discontinuation of such employment is the result of the termination of U.S. basing rights in the Philippines; or (2) the cost under a defense contract representing severance pay paid by a contractor to a foreign national employed there if the discontinuation of the employment is due to the termination of such basing rights.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal a provision which excepted from the prohibition on the payment of severance pay to foreign nationals in the event of certain base closures a closing or curtailment of reductions at a U.S. military facility in a foreign country pursuant to an agreement entered into with the government of such country.
Waives a current Federal provision prohibiting the payment of severance pay to foreign nationals when the head of an agency awarding the contract makes certain determinations with respect to such payments.
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the DOD overseas workload program.
Subtitle G: Other Matters
- Directs the Secretary to conduct, and report to the defense committees on, an analysis of options for providing forward presence of naval forces during peacetime.
Makes permanent (currently expires as of September 30, 1992) the authority of the Secretary to pay the travel, subsistence, and other personal expenses of defense personnel of developing countries for their attendance at bilateral or regional cooperation conferences and programs.
Directs the Secretary to report to the Congress on the foreign development of, acquisition of, or access to satellites with capabilities for military applications and the implications of such development, acquisition, or access for the United States.
Directs the President to report to the Congress on international mine clearing efforts in situations involving the repatriation and resettlement of refugees and displaced persons.
States that it shall be the policy of the United States to seek verifiable international agreements prohibiting the sale, transfer, or export of and further limiting the use, production, possession, and deployment of, anti-personnel landmines (landmines whose victims generally have been noncombatant civilians in poorly developed countries engaged in warfare). Expresses the sense of the Congress that the President should seek to negotiate an international agreement which prohibits the sale, transfer, or export of anti-personnel landmines. Imposes a one-year moratorium on: (1) any sale or transfer of, or any issuance of an export license for, any anti-personnel landmine under the Arms Export Control Act; and (2) providing assistance under the Foreign Assistance Act of 1961 with respect to the provision of such mines.
Title XIV: Demilitarization of the Former Soviet Union
Subtitle A: Short Title
- Names this Title the Former Soviet Union Demilitarization Act of 1992.
Subtitle B: Findings and Program Authority
- Authorizes the President to establish and conduct programs to assist in the demilitarization of the independent states of the former Soviet Union. States that such programs shall include the transportation, storage, safeguarding, and destruction of weapons of mass destruction, as well as the conversion of weapons-related scientific expertise, technologies, and capabilities into appropriate civilian activities. Prohibits any such U.S. assistance unless the President certifies annually to the Congress that the recipient country is committed to destroying its weapons of mass destruction, forgoing any nuclear weapons or military modernization programs, and facilitating U.S. verification of any weapons destruction carried out.
Subtitle C: Administrative and Funding Authorities
- Provides funding for the Soviet demilitarization program through funds authorized to be transferred under this Act as well as an extension of the authorization of appropriations for such purpose under the Soviet Nuclear Threat Reduction Act of 1991.
Subtitle D: Reporting Requirements
- Requires the President to report to the Congress at least 15 days in advance of each proposed obligation of funds for the Soviet demilitarization program. Directs the President to report quarterly to the Congress on all such activities carried out in the previous quarter.
Subtitle E: Joint Research and Development Programs
- Encourages the Secretary to participate actively in joint R&D programs with the independent states of the former Soviet Union through the nongovernmental foundation as established under the FREEDOM Support Act of 1992. Authorizes the Secretary to spend funds authorized under such Act for support, technical cooperation, in-kind assistance, and other activities related to such joint R&D programs.
Title XV: Nonproliferation
- Weapons of Mass Destruction Control Act of 1992 - Expresses the sense of the Congress relating to the proliferation of: (1) nuclear, biological, and chemical weapons (weapons of mass destruction) and their related technology; and (2) missile delivery systems. Directs the Secretaries of Defense and Energy to jointly submit to specified congressional committees a report describing the roles of DOD and DOE with respect to the nonproliferation policy of the United States. Requires the report to be coordinated with the heads of other appropriate Federal departments and agencies.
Earmarks funds authorized to be appropriated under this Act for specified nonproliferation technology initiative of DOD and DOE.
Authorizes the Secretary of Defense, under the guidance of the President and during FY 1993, to provide assistance to support international nonproliferation activities. Outlines provisions with respect to authorized activities and forms of assistance. Requires other State Department funds to be fully utilized before such assistance may be obligated. Requires the Secretary to certify to the Congress that such assistance is in the national security interest and will not adversely affect military preparedness before such assistance may occur. Limits such assistance to $40,000,000. Requires each proposed fund obligation to be submitted to the Congress at least 30 days before actual obligation. Directs the Secretary to report quarterly to the appropriate congressional committees on activities carried out to reduce the nuclear proliferation threat.
Title XVI: Iran-Iraq Arms Non-Proliferation Act of 1992
- Iran-Iraq Arms Non-Proliferation Act of 1992 - States that it shall be U.S. policy to oppose, and urgently seek the agreement of other nations to oppose, the transfer to Iran or Iraq of goods or technology, including dual-use goods or technology, whenever such transfer could contribute to either country's acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons. Directs the President to apply to Iran and Iraq, as well as countries assisting them in acquiring weapons of mass destruction, all of the applicable sanctions and controls available to the United States under all applicable Acts, laws, and statutes regarding the non-proliferation of weapons of mass destruction and the means of their delivery.
Directs the President to: (1) urgently seek the agreement of other nations to adopt and institute such sanctions and controls as are comparable to those of the United States; and (2) identify publicly any country or person that transfers goods or technology to Iran or Iraq in a manner contrary to stated policy.
Provides that sanctions against Iraq under the Iraq Sanctions Act of 1990 shall apply to Iran in the same manner.
Prohibits, for two years, U.S. procurement of goods from, and approval of export licenses for, any person transferring goods or technology so as to contribute to Iran or Iraq's acquisition of destabilizing numbers and types of advanced conventional weapons. Authorizes the President, for any period of time, to prohibit the importation of any articles which are the product, manufacture, or growth of the sanctioned person. Provides identical mandatory and discretionary sanctions against the government of any foreign country that transfers goods or technology to contribute to Iran or Iraq's acquisition of destabilizing numbers and types of advanced conventional weapons.
Imposes the following mandatory sanctions against foreign country violators: (1) suspension of U.S. assistance for one year; (2) opposition to the extension of financial or technical assistance by international financial institutions for one year; (3) suspension for one year of U.S. obligations under any memorandum of understanding for the codevelopment or coproduction of items on the U.S. Munitions List; (4) suspension for one year of any technical exchange agreement involving military and dual-use technology; and (5) prohibition for one year of exportation to such country of any item on the U.S. Munitions List.
Authorizes the President to impose the following discretionary sanctions with respect to foreign governments: (1) suspension of most-favored nation status; and (2) prohibition on transactions involving property in which the sanctioned country has an interest (except for urgent humanitarian assistance).
Waives any sanction under this Act if the President reports to the appropriate congressional committees that such sanction would jeopardize national security interests. Requires the President to report annually to such committees on any transfers made and sanctions taken.
Title XVII: Cuban Democracy Act of 1992
- Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba.
Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act.
Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; and (2) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy.
Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba.
Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency.
Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country.
Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; and (3) take steps to end the U.S. trade embargo of Cuba.
Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
Title XVIII: Federal Charters for Patriotic Organizations
Subtitle A: Military Order of the World Wars
- Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia. Outlines objects and purposes and prohibits discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entities the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions.
Subtitle B: Retired Enlisted Association, Incorporated
- Recognizes and grants a Federal charter to the Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of Colorado. Provides corporation objects and purposes, membership, and restrictions, including a prohibition against discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions.
Division B: Military Construction Authorizations
- Military Construction Authorization Act for Fiscal Year 1993 -
Title XXI: Army
- Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in 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 design and construction of defense access roads at Pohakaloa Training Area, Hawaii.
Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, defense access roads, architectural and engineering design services, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to increase by a specified amount the funding permitted to the Army for the worldwide leasing of military family housing.
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 locations.
Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction projects, unspecified minor construction, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title.
Amends the National Defense Authorization Act, Fiscal Year 1989 to: (1) increase the authorized amount of appropriations for a military construction project at the Guam Navy Public Works Center; and (2) decrease the authorized amount of appropriations for military construction projects at the Subic Bay, Philippines, Navy Public Works Center and the Marine Corps Air Station, Cherry Point, North Carolina.
Directs the Secretary to: (1) spend from prior-law appropriations necessary amounts for planning and design of defense access roads for the Naval Station Pascagoula, Mississippi; and (2) include in the FY 1994 Navy budget request a request for funds for the design of 300 family housing units at Naval Air Station Whidbey Island, Washington.
Title XXIII: Air Force
- Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations.
Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title.
Amends the National Defense Authorization Act for Fiscal Year 1991 to transfer an authorized military construction project (and the authorized amount for such project) from Lowry Air Force Base, Colorado, to Buckley Air National Guard Base, Colorado.
Authorizes the Secretary to: (1) enter into contracts for the leasing of military family housing units; and (2) enter into rental guaranty agreements for military family housing under the Military Construction Authorization Act, 1984. Terminates certain FY 1991 and 1992 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 carry out certain energy conservation projects.
Authorizes appropriations to DOD for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, conforming storage facilities, energy conservation projects, certain base closure and realignment activities, and military family housing functions of DOD. Authorizes the obligation of prior-year unobligated military construction funds for such military construction projects. Limits the total cost of construction projects authorized by this title.
Title XXV: North Atlantic Treaty Organization Infrastructure
- Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions.
Title XXVI: Guard and Reserve Forces Facilities
- Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts .
Reduces certain prior-year authorizations of appropriations for Air Force Reserve military construction projects.
Title XXVII: Expiration and Extension of Authorizations
- Terminates all authorizations contained in titles XXI through XXVI on October 1, 1995, or the date of enactment of an Act authorizing funds for military construction for FY 1995, whichever is later, with specified exceptions.
Extends the authorization for certain FY 1990 military construction projects.
Title XXVIII: General Provisions
Subtitle A: Military Construction Program and Military Changes
- Directs the Secretary to permit and encourage each military department, defense agency, and other DOD instrumentality to participate in programs conducted by any gas or electric utility for the management of electricity demand or for energy conservation. Allows the Secretary to permit the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric companies to design and implement such energy saving and management programs. Provides agreement terms. Authorizes the Secretary of Defense to carry out a military construction project for energy conservation, not previously authorized, using funds appropriated or otherwise made available for that purpose. Requires the Secretary to notify the defense committees of such decision.
Authorizes the Secretary concerned to construct replacement military family housing units in lieu of improving such units if: (1) authorized by law; (2) simple improvement is no longer cost-effective; and (3) 21 days have elapsed since notification of such replacement to the defense committees.
Subtitle B: Defense Base Closure and Realignment
- Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 to provide for the deposit into a reserve account of the Treasury of a portion of the proceeds of the transfer or disposal of property or facilities acquired, constructed, or improved with commissary store or nonappropriated funds. Authorizes the Secretary to use amounts in such account for acquiring, constructing, or improving commissary stores and real property and facilities for nonappropriated fund instrumentalities.
Directs the Secretary to enter into a one-year contract with a private relocation contractor operating on a nationwide basis to test the effectiveness of using national relocation contractors to administer the defense homeowners assistance program. Requires the contract to be awarded within 30 days after enactment of this Act. Directs the Comptroller General to report to the Congress measuring the effectiveness of the national contractor.
Amends the Defense Base Closure and Realignment Act of 1990 to change from May 15 to April 15 the annual date of a required Comptroller General report to the Congress and the Defense Base Closure and Realignment Commission.
Revises the quarterly canvassing and publishing requirements for Federal public buildings and other properties as required under the Stewart B. McKinney Homeless Assistance Act in order to determine if any such buildings are suitable to assist the homeless.
Requires military construction relating to the closure or realignment of a military installation (currently, each military construction project) to meet certain budgeting constraints.
Directs the Secretary to consider certain factors of size and offers of incentives when evaluating and selecting communities as sites for the relocation of certain DOD financial and accounting activities. Requires a report.
Amends the National Defense Authorization Act for Fiscal Year 1991 to increase the information required in an annual report from the Secretary to the Congress with respect to the deposit of funds into the Military Facility Investment Recovery Account. Directs the Secretary to report annually to the Congress on previous and proposed future Account uses.
Subtitle C: Land Transactions
- Amends the Military Construction Authorization Act, 1985 to remove the San Diego Energy Recovery Project as an alternate transferee of a portion of the Naval Air Station, Miramar, in San Diego, by the Secretary of the Navy. Repeals provisions authorizing such Secretary to accept other lands if lands exchanged are not of equal fair market value. Adds new provisions for such conveyance with respect to alternative consideration, fair market value, and use of sale proceeds.
Authorizes the Secretary of the Air Force to convey to the state of South Carolina all rights and interest to all or a portion of the land and improvements comprising Myrtle Beach Air Force Base, South Carolina. Provides consideration, and provides a reverter to the United States if such land is not used for public purposes.
Authorizes the Secretary of the Army to convey without reimbursement to the Urban Redevelopment Authority of Pittsburgh, Pennsylvania, all rights and interest to the Hays Army Ammunition Plant, Pittsburgh, under specified terms and conditions.
Authorizes the Secretary of the Navy to lease to the Union Pacific Railroad Company certain real property and improvements located at the Naval Supply Center, Oakland, California, under specified terms and conditions.
Authorizes the Secretary of the Navy, subject to specified payment terms, to grant to the San Diego Gas and Electric Company an easement on a parcel of real property located in a portion of the Miramar, California, Naval Air Station. Provides additional terms and conditions.
Authorizes the Secretary of the Navy to lease to the City of Oakland, California, or the Port of Oakland certain real property located at the Naval Supply Center, Oakland.
Authorizes the Secretary of the Navy to convey to the city of Santa Barbara, California, all rights and interest to the Santa Barbara Naval Reserve Center, under specified terms and conditions.
Directs the Secretary of the Army to convey, without consideration, to the Maryland National Park and Planning Commission all rights and interest to certain woodlands located at the Forest Glen Annex of the Walter Reed Army Medical Center, Maryland, with a reverter to the United States if such property is not used solely as a public park and maintained in its entirety as woodlands for the public benefit.
Directs the United States to acquire by condemnation or otherwise all rights and interest of the state of Arizona in and to specified Arizona trust lands. Directs the Secretary of the Air Force, in return for such acquisition, to convey to Arizona all rights in and interest to all land and improvements located at Williams Air Force Base, Arizona, of approximately equal fair market value. Provides additional terms and conditions.
Amends the National Defense Authoriation Act for Fiscal Year 1991 to allow the Secretary of the Navy to use the proceeds from the sale of certain property to acquire a new site for a naval center in Vermont (currently, only in the Burlington, Vermont area). Lowers the price required to be paid by the city of Burlington to acquire the real property being sold by such Secretary. Extends to June 1, 1995, the deadline for the conveyance of the property. Allows the Secretary to permit the City of Burlington to make alterations or improvements to the property before its conveyance to the City.
Authorizes the Secretary of the Army to convey to the Washington County, Maryland, Sanitary District all rights and interest to certain real property, including a waste water treatment facility, located at Fort Ritchie, Maryland.
Authorizes the Secretary of the Navy to acquire all rights and interest to a parcel of land comprising a portion of the Naval Radio Station at Jim Creek, Washington.
Authorizes the Secretary of the Navy to convey to any person all rights and interest to a parcel of land comprising a naval family housing area at Paine Field, Snohomish County, Washington.
Authorizes the Secretary of the Air Force to convey to Central Community College, Hastings, Nebraska, all rights and interest to three parcels of property located in that City which have served as a support complex for the Hastings Radar Bomb Scoring Site.
Authorizes the Secretary of the Army to convey to the city of Abbeville, Alabama, all rights and interest to specified real property located at the site of a proposed Army Reserve Center in Abbeville.
Extends to May 30, 1993, the time period for the Secretary of the Navy to enter into a lease of real property at the Hunters Point Naval Shipyard, San Francisco, California, as required under the Military Construction Authorization Act for Fiscal Year 1991.
Authorizes the Secretary of the Navy to: (1) negotiate the termination of a Navy lease of specified land located at the Georgia Institute of Technology in Atlanta; and (2) sell to such Institute the Naval Reserve Center facilities located on such land.
Directs the Secretary of the Army to convey to the city of Fort Smith, Arkansas, all rights and interest to certain real property located at Fort Chaffee, Arkansas.
Amends the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 to modify the terms of a land conveyance under such Act of the Fort A.P. Hill Military Reservation in Virginia.
Subtitle D: Other Matters
- Authorizes the storage or disposal on DOD facilities of any hazardous material not owned by DOD if the material is required or generated by a private person in connection with the authorized and compatible use of a DOD industrial-type facility.
Directs the Secretaries of Defense, Air Force and Navy to jointly prepare and submit to the Congress a report evaluating the military necessity of maintaining Bellows Air Force Station, Oahu, Hawaii, as a DOD military installation. Requires the Secretaries of the Air Force and Navy, as part of such report, to describe one or more alternative locations for DOD in Hawaii for communications operations and training facilities, respectively, that are currently conducted at Bellows.
Provides that, in the event that any parcel of the Calverton Pine Barrens, New York, is conveyed by a Federal department or agency, the instrument of conveyance shall require reversion to the United States if any portion of the parcel conveyed is used or developed after such conveyance for commercial purposes.
Requires the Secretary of the Interior, within 30 days after enactment of this Act, to make specified technical revisions to the classification of certain properties made by the U.S. Fish and Wildlife Service during the mapping of areas determined suitable for addition to the coastal barrier resources system in 1990.
Authorizes the Secretary to reimburse civilian employees of the Government and military personnel who were assigned to or employed at the Homestead Air Force Base, Florida, and who owned homes there for real property losses that occurred as the result of Hurricane Andrew. Provides for: (1) determination of the reimbursement amount; (2) transfer to the Secretary of all such reimbursement; and (3) funding for such reimbursements.
Division C: Department of Energy National Security Authorizations and Other Authorizations
Title XXXI (sic): Department of Energy National Security Programs
Subtitle A: National Security Programs Authorizations
- Authorizes appropriations to the Department of Energy (DOE) for FY 1993 for operating expenses and for plant and capital equipment necessary in carrying out national security programs in the following areas: (1) weapons activities; (2) new production reactors; (3) environmental restoration and waste management; and (4) nuclear materials production and other defense programs.
Earmarks specified FY 1993 funding for the defense inertial confinement fusion program.
Prohibits the obligation of FY 1993 DOE funds for: (1) the design, purchase, or installation of any fire protection, cooling, or refrigeration system that utilizes class I chlorofluorocarbons unless the Secretary of Energy (Secretary, for purposes of this title) determines that an alternate system is not commercially available; or (2) the implementation of the reconfiguration of any nonnuclear DOE activities until the Secretary reports the results of certain analyses and certifications to the defense committees.
Limits the use of funds available to the Secretary for FY 1993 for the new production reactors program.
Subtitle B: Recurring General Provisions
- Prohibits the use of the funds appropriated pursuant to this title: (1) for the costs of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is less, or (2) for programs which have not been presented to, or requested of, the Congress, unless the Secretary transmits to the defense 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 to carry out any general plant project only if the total estimated cost of the project does not exceed $1,200,000. Requires reports to the defense committee by the Secretary when the costs exceed such amount.
Sets forth procedures for the approval of construction 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 to carry out advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000. Directs the Secretary to notify the defense committees whenever the estimated cost of such planning and design exceeds $300,000. Requires specific authorization by law whenever such estimated cost exceeds $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 public health and safety. Requires the Secretary to report to the defense committees on the exercise of such authority.
Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE.
Subtitle C: Other Matters
- Authorizes the Secretary to pay to the EPA a stipulated civil penalty assessed under Federal environmental law against the Fernald Environmental Management Project.
Directs the Secretary to report to the Congress on the role of citizen advisory groups for DOE.
Replaces the Director of Defense Research and Engineering with the Under Secretary of Defense for Acquisition on the Nuclear Weapons Council.
Directs the Secretary to report annually to the defense committees on the new tritium production capacity of DOE.
Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require any non-Federal entity that operates a laboratory pursuant to a contract with a Federal agency to submit to the head of such Federal agency any cooperative R&D agreement that the entity proposes to enter into with a small business firm and the joint work statement required with respect to that agreement. Outlines procedures for the approval or disapproval of the proposed agreement and joint work statement by the Federal agency.
Directs the Secretary to establish a program to facilitate and encourage the transfer of technology to small businesses and to issue guidelines relating to the program by May 1, 1993.
Amends the National Defense Authorization Act, Fiscal Year 1989 to authorize the Secretary to allow each DOE contractor and subcontractor carrying out certain activities at the Idaho National Engineering Laboratory to loan personnel in order to assist in the economic diversification of the local economy and reduce reliance by the local community on national security programs at such Laboratory. Provides funding for such personnel loan. Extends such program through FY 1994.
Directs the Secretary to study and report to the Congress on utilization of the Nevada Test Site for the development of: (1) solar energy research and production technologies; (2) environmental technologies research and testing; and (3) emergency management and response technologies.
Subtitle D: International Fissile Material and Warhead Control
- Urges the President to negotiate with member states of the Commonwealth of Independent States (CIS) in order to achieve verifiable agreements on: (1) dismantlement of nuclear weapons; (2) the safeguard and permanent disposal of nuclear materials; (3) and end to U.S. and CIS production of plutonium and highly enriched uranium for nuclear weapons; and (4) the extension of such negotiations to all nations capable of producing nuclear weapons materials. Urges the President to seek to achieve agreements with the CIS for the reciprocal release and exchange of information with respect to weapons stockpiles, nuclear production capacity and inventory, and plutonium and highly enriched uranium production and stockpiles. Urges the President to establish with the CIS and other nations working groups to examine and demonstrate cooperative technical monitoring and inspection arrangements with respect to nuclear material production and related arms agreements. Directs the President to report to the Congress on the implementation of such requirements. Urges the Presidents of the member states of the CIS to: (1) institute a moratorium on production of plutonium and highly enriched uranium for nuclear weapons; and (2) pledge to continue such moratorium for as long as the United States maintains its moratorium on the production of such materials.
Amends the Atomic Energy Act of 1954 to authorize the President to release restricted data regarding the U.S. nuclear weapons stockpile if the United States and member states of the CIS reach reciprocal agreement on the release of such data.
Directs the Secretary to use specified FY 1993 national security program funds to carry out a development and demonstration program with respect to the dismantlement of nuclear warheads, the disposal of nuclear materials, and a verifiable global ban on the production of fissile materials for weapons purposes. Requires a report to the Congress on such program.
Subtitle E: Defense Nuclear Workers
- Directs the Secretary, upon a determination that a change in the workforce at a defense nuclear facility is necessary, to develop a plan for restructuring such workforce that takes into account: (1) the reconfiguration of the facility; and (2) the plan for the nuclear weapons stockpile at such facility. Requires specified consultation with appropriate labor representatives of the employees of the facility, and outlines specified workforce assistance objectives (relocation, retraining, and local impact assistance for the community involved). Requires the plan developed to be submitted to the Congress, along with plan updates.
Directs the Secretary to establish and carry out a program for the identification and ongoing medical evaluation of current and former DOE employees who are subject to significant health risks as a result of exposure to hazardous or radioactive substances during such employment. Provides for the joint sharing of responsibilities under such program with the Secretary of Health and Human Services. Requires the Secretary to notify each employee identified under the program of such identification and the test results. Requires such program to commence within one year after enactment of this Act. Requires the Secretary to enter into an agreement with the Secretary of HHS, within 180 days after the enactment of this Act, for carrying out their respective activities under the program.
Title XXXII: Nuclear Safety
- Authorizes appropriations for FY 1993 for the operations of the Defense Nuclear Facilities Safety Board.
Expresses the sense of the Congress that the President should take bilateral and multilateral initiatives, including trade initiatives, to: (1) assist in bringing replacement power and modern energy efficiency measures and technologies in Eastern Europe and the former Soviet Union so that certain nuclear reactors there may be shut down; (2) upgrade and implement nuclear safety measures with respect to the remaining reactors there; (3) negotiate formal agreements for nuclear cooperation with Russia and the Ukraine; and (4) promote nuclear safety and nuclear research there. Requires a report from the President to the Congress on such nuclear safety issues.
Title XXIII: National Defense Stockpile
Subtitle A: Modernization Program
- Authorizes the President to dispose of obsolete and excess materials currently contained in the National Defense Stockpile (NDS) in order to modernize NDS. Outlines specified disposal conditions. Requires such disposal to be completed within five years of the period beginning on October 1, 1992, unless the President makes certain determinations with regard to such disposals and notifies the Congress. Outlines special NDS disposal limitations with respect to silver and chromite and manganese ores and ferros. Authorizes the President to enter into barter agreements in order to acquire strategic and critical materials for, or to upgrade such materials in, the NDS. Requires all moneys received from the sale of such NDS maerials to be deposited into the National Defense Stockpile Transaction Fund (Fund). Authorizes the NDS Manager to obligate funds from the Fund for authorized uses, including acquisition and R&D programs.
Directs the President to appoint an advisory committee to make recommendations concerning the operation and modernization of the NDS. Requires additional information to be included by the Secretary of Defense in a stockpile requirements report required under the Strategic and Critical Materials Stock Piling Act.
Subtitle B: Programmatic Changes
- Amends the Strategic and Critical Materials Stock Piling Act to revise the conditions under which the President may make changes in the quantity of any material in the NDS. Removes a prohibition on disposals from the NDS which would result in an unobligated balance in the Fund in excess of $100,000,000. Allows moneys from the Fund to be used for materials maintenance and disposal (currently, only for materials acquisition).
Directs the President to appoint a Market Impact Committee to: (1) advise the NDS Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from NDS that are proposed to be included in the annual materials plan submitted to the Congress under the Strategic and Critical Materials Stock Piling Act; and (2) submit to the Manager the Committee's recommendations regarding such acquisitions and disposals.
Title XXXIV: Civil Defense
- Authorizes appropriations for FY 1993 for carrying out the Federal Civil Defense Act of 1950.
Title XXXV: Panama Canal Commission
- Panama Canal Commission Authorization Act for Fiscal Year 1993 -
Subtitle A: Annual Authorization
- Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1993. Limits the amount of funds available to the Commission for FY 1993 that may be expended for official reception and representation expenses. Authorizes the use of FY 1993 Commission funds for the purchase of passenger motor vehicles used to transport personnel of the Commission across the Isthmus of Panama. Limits such expenditure to $18,000 per vehicle.
Amends the Panama Canal Act of 1979 to: (1) authorize the use of Commission funds to defray the cost of health care services to the elderly and disabled persons provided by medical facilities licensed and approved by the Republic of Panama and not operated by the United States; and (2) revise a provision concerning the basis of Canal tolls on vessel tonnage measurement.
Requires all expenditures made under this title to be made in accordance with the Panama Canal Treaties of 1977 and U.S. laws implementing those treaties.
Subtitle B: Composition and Dissolution of Commission
- Amends the Panama Canal Act of 1979 to direct the Panama Canal Commission (Commission) to conduct a study of costs and liabilities incurred or associated with the dissolution of the Commission. Directs the Commission to report its findings to the Congress.
Establishes in the Treasury the Panama Canal Commission Dissolution Fund to be managed by the Commission until the termination of the Panama Canal Treaty of 1977 (Treaty). Terminates the Dissolution Fund on October 1, 2004.
Directs the President to conduct a study and, if warranted by the study, develop a plan of recommendations for changes to the Commission for the operation of the Panama Canal during the period before the termination of the Panama Canal Treaty of 1977 that would facilitate and encourage the operation of the Canal through an autonomous entity under the Government of Panama after the transfer of such Canal on December 31, 1999, pursuant to such Treaty.
Directs the Comptroller General to submit to the Congress a report analyzing the effectiveness of the fiscal, operational, and management structure of the Commission and recommending changes to such structure that would enable the Commission to operate more efficiently, and to serve as an operational model for the Panamanian Government in the years following transfer of the Canal to Panama.
Division D: Defense Conversion, Reinvestment, and Transition Assistance
- Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 -
Title XLI (sic): Findings
- Sets forth findings regarding the importance of defense conversion, reinvestment, and transition assistance programs required as the result of the post-Cold War defense builddown.
Title XLII: Defense Technology and Industrial Base, Reinvestment, and Conversion
Subtitle A: Purposes and Establishment of New Chapter in Title 10
- Consolidates within Federal armed forces provisions those provisions concerning the defense industrial base the development of dual-use (military and civilian) critical technologies manufacturing technology and related provisions of law.
Subtitle B: Defense Policies and Planning Concerning National Technology and Industrial Base, Reinvestment, and Conversion
- Outlines the congressional policy with respect to: (1) defense policy objectives for the national technology and industrial base (NTIB); (2) defense reinvestment, diversification, and conversion; and (3) a civil-military integration policy.
Establishes the National Defense Technology and Industrial Base Council to ensure cooperation between Federal departments and agencies, make recommendations and give advice, and provide overall policy guidance concerning defense reinvestment and conversion activities during a period of reduction in defense expenditures. Requires the Council, until October 1, 1997, to function as the Executive Council of the Economic Adjustment Committee established under the Defense Economic Diversification, Conversion, and Stabilization Act of 1990.
Directs the Secretary of Defense, in consultation with the Council, to establish a program for analysis of the NTIB. Requires such program to be carried through the Under Secretary of Defense for Acquisition. Requires the program to be established within six months after the enactment of this Act. Provides FY 1993 program funding.
Directs the Secretary to establish within the National Defense University a Defense Economic Adjustment Center for the study of issue related to the conversion and reutilization of defense personnel, resources, and facilities. Directs the Center to focus on the development of defense economic adjustment methods and the technical assistance necessary to implement such methods. Allows additional centers to be established within DOD. Requires the first Center to be established within 120 days after the enactment of this Act. Provides FY 1993 Center funding.
Directs the Council, at least annually through FY 1997 and biennially thereafter, to prepare a comprehensive assessment of the capability of the NTIB to attain each of the national security objectives and outlined under the appropriate Federal armed forces provisions.
Directs the Council to prepare annually through FY 1997 and biennially thereafter a multiyear plan for ensuring, to the maximum extent practicable, that the policies and programs of DOD, DOE, and other Federal departments and agencies are planned, coordinated, funded, and implemented in a manner designed to attain each required national security objectives. Outlines certain program guidance to be included in each such plan, including long-range plans and acquisition reform guidance. Requires the Secretary to submit each such plan and related assessments to the Congress. Directs the President to prescribe regulations requiring consideration of the NTIB in the development and implementation of acquisition plans for each major defense acquisition program. Empowers the President with all applicable authority to obtain data to facilities preparation of the NTIB assessment and plans required under this title. Provides penalties for those refusing to provide such information.
Directs the Secretary to prescribe regulations to ensure the timely and thorough collection of information, completion of assessments, and issuance of plans to be accomplished by the Secretary with regard to the NTIB. Provides completion dates for required plans and assessment outlined under this title. Requires the periodic NTIB assessment submitted to the Congress to include, through 1995, a specific assessment of the capability of the domestic textile and apparel industrial base of the United States to support national defense mobilization requirements. Requires implementing regulations concerning the national defense technology and industrial base annual assessment and plan to include analysis with respect to: (1) sector roles in attaining national security objectives; (2) the financial capability of each sector; (3) the impact of DOD reductions on each NTIB sector; (4) critical technology; (5) economic viability; and (6) foreign dependency considerations. Requires implementing regulations concerning the periodic NTIB plan to include guidance with respect to: (1) manufacturing technology; (2) critical technologies; (3) financial policies of DOD and DOE; (4) commercial-military integration which integrates commercial products and processes into Federal Acquisition practices; and (5) major defense acquisition programs.
Subtitle C: Programs for Development, Application, and Support of Dual-Use Technologies
- Recodifies Federal provisions concerning the establishment of defense dual-use (civilian and military) critical technology partnerships. Provides FY 1993 projects to be included in such partnerships. Provides FY 1993 funding for such partnerships.
Directs the Secretary to conduct a program which establishes cooperative arrangements (partnerships) between DOD and one or more eligible firms and nonprofit research corporations. Provides other entities that may be included in such partnerships. Authorizes the Secretary to make grants to enter into such partnerships, limiting partnership duration to five years. Requires a specified financial contribution to such partnerships by the non-DOD participants. Outlines selection criteria, including the extent to with such commercial-military integration partnerships enhance national security objectives. Provides FY 1993 partnership funding.
Redesignates the current critical technology application centers (centers which promote regional cooperative efforts to facilitate dual-use defense needs that meet national security objectives) as regional technology alliances. Recodifies such provisions and provides FY 1993 funding.
Directs the Secretary to establish and implement the Federal Defense Laboratory Diversification Program to encourage greater cooperation in research and production activities carried out by defense laboratories and by private industry in order to enhance and improve the products of such activities. Promote the transfer of defense or dual-use technologies from defense laboratories to private industry for conversion to commercial uses. Requires a report.
Directs the Secretary to establish within his Office an Office of Technology Transition to ensure that technology developed for national security purposes is integrated into the private sector. Outlines reporting requirements and requires such Office to be established within 120 days after the enactment of this Act.
Establishes a Military-Civilian Integration and Technology Transfer Board to ensure the effective and efficient integration between defense and civilian industries of military and commercial technologies. Outlines various advisory and organizational duties of the Board.
Terminates the Board at the end of FY 1997.
Recodifies provisions concerning: (1) the Office of Foreign Defense Critical Technology Monitoring and Assessment; and (2) the overseas foreign critical technology monitoring and assessment financial assistance program.
Subtitle D: Defense Manufacturing Technology, Dual-Use Assistance Extension, and Defense Supplier Base Enhancement and Support Programs
- Directs the Secretary to establish a National Defense Manufacturing Technology Program. (Currently, National Defense Manufacturing Technology Program is required annually under provisions of the National Defense Authorization Act for Fiscal Years 1992 and 1993.) Requires the Program to provide centralized guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology. Requires Program updates at specified periods. Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which limited the use of funds for a manufacturing technology-related R&D activity for FY 1992 and 1993.
Recodifies Federal provisions concerning: (1) defense advanced manufacturing technology partnerships; and (2) manufacturing extension programs. Provides FY 1993 funding for each.
Directs the Secretary to establish a program to further the national security objectives and the objectives of the defense reinvestment, diversification, and conversion program by providing support for programs that assist businesses economically dependent on DOD expenditures to acquire dual-use capabilities to enable such companies to convert from defense to commercial production and practices. Authorizes the Secretary to assist such economically-dependent small businesses to obtain access to a national network of scientists and engineers, and to information resources that can help minimize technical risk and facilitate the development and commercialization of new products. Requires specified financial commitment from non-DOD participants in such program. Outlines selection procedures for businesses participating in the program. Terminates such program after FY 1998, with funding limitations after FY 1995. Provides FY 1993 funding.
Codifies into Federal law specified provisions of the Defense Industrial Reserve Act.
Allows centers funded under the DOD procurement technical assistance program to provide: (1) technical assistance with respect to contracts with any Federal, State, or local government agency; and (2) information relating to defense conversion, reinvestment, and transition programs. Provides FY 1993 funding, earmarking a specified amount for procurement technical assistance in certain distressed areas.
Amends the Small Business Innovation Development Act of 1982 to increase the amount set aside each year by DOD for use solely by small business for R&D activities under the Small Business Innovation Research Program. Requires the Secretary to determine by a specified date whether there has been a demonstrable reduction in the quality of research performed under funding agreements under the Program such that increasing the percentage set aside would adversely affect the performance of the research. Prohibits any set-aside amount from being increased after such a determination. Requires a report from the Comptroller General to the Secretary and the Congress with respect to such determinations.
Directs the Secretary, within 120 days after the enactment of this Act, to prescribe regulations when encourage defense contractors to engage in industrial diversification planning.
Subtitle E: Defense Advanced Research Projects Agency
- Expresses the sense of the Congress that the Secretary should: (1) rename the Defense Advanced Research Projects Agency as the Advanced Research Projects Agency (ARPA); (2) direct ARPA to pursue R&D projects having significant potential for both military and dual-use applications, and stimulate a national technology base that serves both civilian and military purposes; (3) establish priorities for development by ARPA of technologies that meet the needs of national security; and (4) consult with the Secretaries of Commerce and Energy before providing annual planning guidance to ARPA.
Subtitle F: Conforming Amendments and Funding Matters
- Provides conforming amendments necessary as a result of codifications and recodifications made by this title. Provides FY 1993 funding for the defense manufacturing education programs of DOD.
Title XLIII: Community Adjustment and Assistance Programs and Youth Service Programs
- Authorizes the Secretary, in addition to the adjustment assistance available to States and local governments from the Office of Economic Adjustment (OEA) of DOD, to make grants and agreements and supplement other Federal funding in order to assist such States and local governments to carry out a community adjustment and economic diversification program. Outlines criteria to be established by the Secretary in the selection of appropriate programs. Allows such assistance to be provided to a private defense contractor upon the closure or significantly reduced operations of a defense facility as the result of the merger, acquisition, or consolidation of the defense contractor operating the defense facility. Authorizes the Secretary to make grants and other assistance during FY 1993 to States or local governments in planning community adjustments and economic diversification even though such State and local government currently fails to meet appropriate criteria if the Secretary determines that a substantial portion of the economic activity or population of the geographic area involved is dependent on DOD expenditures. Provides FY 1993 funding for such grants.
Directs the Secretary, during FY 1993, to conduct a pilot program to examine methods to improve the provision of economic adjustment and diversification assistance to State and local governments adversely affected by the closure of military installations, the cancellation or completion of defense contracts, or reductions in defense spending. Directs the Secretary to make planning grants under the program. Requires such grants to be used in economically disadvantaged study areas. Provides FY 1993 funding for the pilot program.
Directs the Secretary to report to the defense committees on alternatives to the existing procedures for management of the DOD excess property program for nonlethal supplies in order to provide higher priority for State agencies to receive such supplies.
Allows excess construction or fire equipment from DOD stocks to be transferred to a foreign country or international organization participating in for assistance or military sales programs only if: (1) no Federal department or agency has requested such equipment; and (2) the President determines that such transfer is necessary to respond to an emergency for which the equipment is specially suited.
Earmarks funds made available under this Act for the provision of economic adjustment assistance pursuant to the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 to substantially and seriously affected communities.
Directs the Under Secretary of Defense for Acquisition to report to the Congress on matters relating to the provision by DOD contractors of continuing health benefits coverage to employees of such contractors who are involuntarily separated from such employment by reason of the termination or curtailment of defense contracts.
Title XLIV: Personnel Adjustment, Education, and Training Program
Subtitle A: Active Forces Transition Enhancements
- Requires preseparation counseling services for members of the armed forces to occur as early as possible, but at least 90 days before, the date of discharge (currently, required only upon discharge). Requires, as part of such counseling, the creation of a transition plan to attempt to achieve the educational, training, and employment objectives of the member and his or her spouse.
Provides temporary rates of basic pay for the period after December 31, 1992, and before October 1, 1995, for certain noncommissioned officers and warrant officers and for certain colonels and Navy captains.
Authorizes the Secretary of the military department concerned, during a period of active forces reduction, to offer early retirement through 1995 for officers and enlisted personnel in their respective departments who have served at least 15, but less than 20, retirement-creditable years of service. Allows each Secretary to prescribe additional eligibility requirements for such early retirement opportunity, including factors such as grade, years of service, and skill. Reduces such retired pay by one percent per year for each year less than 20 years of service. Allows the Secretary of Defense to offer such early retirement to individuals in the 15 to 20-year service range who have previously participated in the voluntary separation incentive or special separation benefit program and are otherwise eligible. Defines the "active force reduction period" for purposes of eligibility for all such early retirement authority, as the period beginning on the date of enactment of this Act and ending on October 1, 1995.
Directs the Secretary to allow the following individuals to enroll in the Montgomery GI Bill educational assistance program for the all-volunteer force: (1) those who are separated from active duty with an honorable discharge and receive voluntary separate incentives; (2) those who, before applying for such incentives, have completed the requirements of a secondary school diploma (or certain equivalents); (3) those who withdraw their election not to participate in an educational assistance program prior to their separation; (4) those who make an irrevocable election to receive benefits under the Montgomery GI Bill program in lieu of any other educational assistance available to them; and (5) those who, before the end of the one-year period beginning on the date of enactment of this Act, elect to receive educational assistance pursuant to this provision. Reduces appropriately the basic pay of an individual electing to receive basic educational assistance under these provisions. Requires refunds by the Secretary in the case of an individual who is disenrolled from another educational assistance program in order to be enrolled in the all-volunteer educational assistance program, in the amount of the unused portion of such former educational assistance.
Includes certain travel and transportation allowances within the benefits authorized under the special separation benefit or voluntary separation incentive programs (programs of voluntary separation from the armed forces in return for the receipt of certain benefits).
Revises Federal provisions concerning the reduction of voluntary separation incentive payments when an individual is also receiving basic pay for active service or compensation for inactive duty training. Credits all such added service for the computation of eligibility for civil service retirement annuities.
Requires an 18-month minimum period of coverage under conversion health care policies for members of the armed forces involuntarily separated during the five-year period beginning on October 1, 1990, under current Federal provisions. (Currently, there is a one-year minimum coverage period in effect.) Directs the Secretary, if unable within a reasonable period of time to enter into a contract with a private insurer for the conversion health policy or continuation coverage after the initial period of the policy, to offer such a policy under Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) provisions. Requires a member covered under such a policy to pay a specified sum into the Military Health Care Account for such coverage. Authorizes the Secretary to offer a conversion health policy that offers reduced coverage and increased purchaser cost-sharing with respect to mental health services. Increases the minimum period of coverage for former spouses under such policies from one to two years, with an identical provision allowing the Secretary to provide such coverage through CHAMPUS if unable to provide such coverage within a reasonable period through a private insurer. Requires payment by such former spouses into the Military Health Care Account for such coverage, and authorizes the Secretary to reduce the coverage and increase the purchaser cost-sharing with respect to mental health services provided to former spouses under the CHAMPUS contract provisions. Requires such revisions to apply to existing conversion health policies.
Directs the Secretary to establish a program for the temporary provision of health care to: (1) certain former members of the armed forces discharged or released under other than adverse conditions; (2) certain persons who no longer meet the requirements for being considered an unmarried dependent child of a member or former member of the armed forces; and (3) certain unremarried former spouses of a member or former member. Requires all such persons to have previously been covered under a health benefits plan or transitional health care and no longer entitled to such care temporary care. Requires the Secretary to prescribe regulation to provide adequate notification of eligibility to such persons. Requires a written request from such persons to the Secretary within a 60-day period after the qualifying event in order to receive such temporary health care under the program. Requires persons receiving such coverage to pay a specified amount into the Military Health Care Account or other appropriate account. Mandates as the prescribed period of such temporary coverage: (1) 18 months after entitlement to health care, or transitional care, in the case of members discharged or released from the armed forces; and (2) 36 months after no longer being considered an unmarried dependent child of member, and 36 months after a final decree of divorce, for an unremarried former spouse of a member. Provides transitional provisions. Disallows a person to purchase such a conversion health policy for such continued temporary coverage after September 30, 1994. Prohibits concurrent coverage under a conversion health policy and a temporary health care policy.
Subtitle B: Guard and Reserve Transition Initiatives
- Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction period (period), no paid member of the Selected Reserve may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly with respect to service to their country and with attention to the adverse personnel consequences of unit deactivation or involuntary discharges or transfers. States that the protection afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay.
Authorizes the Secretaries of the Army and Air Force, during the period, to convene a board to consider for elimination from an active status reserve officers who have met the age service requirements for entitlement to retired pay, and are otherwise eligible for retirement but for the fact of not having attained 60 years of age. Allows any such officer, upon request, to be transferred to the appropriate Retired Reserve. Requires prior consent for elimination from active status for such reserve officers from the governor or other appropriate authority of the State, District, or territory, in the case of members of the Army or Air National Guard.
Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length and computation of such payments. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of that service. Prohibits the duplication of retirement benefits. Provides funding.
Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date before October 1, 1995, has completed at least 15 years of services and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service.
Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and who are involuntarily discharged or transferred from the Selected Reserve.
Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the force reduction transition period.
Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for two years after: (1) such cessation; or (2) the date of enactment of this Act.
Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of such service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions.
Makes voluntarily separated active National Guard and reserve personnel eligible for the voluntary separation incentive and the special separation benefit on the same basis as active-duty personnel.
Subtitle C: Department of Defense Civilian Personnel Transition Initiatives
- Directs the Office of Personnel Management (OPM) to establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency (except the General Accounting Office and agencies conducting intelligence activities) that are to be filled by appointments for more than one year and for which applications are being accepted from outside the agency work force. Requires such list to be available to the public.
Requires each executive agency other than GAO and DOD, in filling vacant positions, to give full consideration to the application of a displaced employee before selecting any candidate from outside the agency for the position. Includes as a displaced employee: (1) an employee of DOD who has been given specific notice of separation due to a reduction in force; or (2) a former DOD employee who was involuntarily separated due to a reduction in force. Entitles the displaced employees to such consideration for 24 months after receipt of notice or involuntary separation.
Amends Federal employee provisions to prohibit an employee from being released due to a reduction in force unless: (1) such employee and the employee's labor representative are given written notice at least 60 days before such release; and (2) certain written notice is given to the appropriate State dislocated worker unit and the chief elected official of the local government, if the reduction in force would involve the separation of a significant number of employees. Includes within the notice to the employee information with respect to the action to be taken and its date, the procedures to be applied to the release, and any appeal or other rights available. Authorizes the President to reduce the 60-day advance notice requirement if necessary due to circumstances not reasonably foreseeable. Makes such provisions applicable to DOD employees, changing the 60-day prior notification requirement to 120 days.
Restores certain leave of a Federal civilian employee of a military installation during the closure of such installation between October 1, 1992, and December 31, 1997.
Authorizes the Secretary and the Secretaries of the military departments to provide up to one year of training to civilian DOD employees who are separated from employment as a result of a reduction in force or the closure or realignment of a military installation. Allows such training between October 1, 1992, and September 30, 1995. Directs the Secretary to publish a register of the skill training programs carried out by DOD.
Directs the Secretary, in order to avoid or minimize the need for involuntary separations within a defense agency due to a reduction of force, base closure, reorganization, transfer of function, or other action affecting a defense agency, to establish a program under which separation pay may be offered to encourage employees to take immediate or early retirement. Outlines provisions concerning program requirements and the determination of the separation pay amount to be offered. Provides partial funding of the separation pay program through FY 1993 defense agency operation and maintenance funds. Requires the Secretary to report to the President, the Congress, and the OPM Director at the end of FY 1993 through 1998 on the effectiveness and costs of such program. Requires costs incurred by OPM in processing all such early separation pay applications to be considered administrative expenses.
Applies Thrift Savings Plan and Civil Service Retirement System benefits to employees (and their spouses) separated from service due to a reduction in force.
Provides for the continuation of certain Federal employee health benefits if the basis for such continuation of coverage is involuntary separation from a DOD position due to a reduction in force, limiting the individual to payments of no more than the required employee contributions for such coverage. Provides funding for such continued coverage.
Subtitle D: Defense Efforts to Relieve Shortages of Elementary and Secondary School Teachers and Teachers' Aides
- Authorizes the Secretary to establish a program: (1) to assist eligible members of the armed forces, after separation from active duty, to obtain certification as secondary or elementary school teachers or teachers' aides; and (2) to facilitate the employment of such persons by local educational agencies (LEAs) experiencing a shortage of teachers or teachers' aides. Provides for the adaptation of such program in the case of States with alternative certification requirements. Defines as a member eligible for participation in the program a member who: (1) during the five-year period beginning on October 1, 1992, is discharged or released from active duty after six or more years of continuous active duty; (2) has received either a baccalaureate or advanced degree from an accredited institution of higher education (in the case of participants for placement as a teacher) or an associate or other appropriate degree (in the case of participants for placement as teachers' aides); and (3) satisfies other criteria as the Secretary may prescribe. Prohibits from participation in the program a member released under other than honorable conditions. Provides criteria for the selection of participants, including a priority for members who have educational or military experience in science, mathematics, or engineering and agree to seek employment in such field. Requires appropriations to be available for the program before the Secretary may select any participant. Requires members selected for participation in the program to enter into an agreement with the Secretary under which the member agrees to obtain the required certification and to accept placement as a teacher or teacher's aide for at least two school years in return for the Secretary agreeing to pay a conditional stipend to cover the costs of obtaining the necessary certifications or credentials for such positions.
Authorizes the Secretary to provide grants to LEAs that employ such participants under the program. Provides for the reimbursement of assistance or grant amounts provided in the case of noncompliance with provisions of the agreement. Provides certain participant exceptions to such reimbursement requirements. Requires information with respect to such teacher placement program to be provided as part of required military preseparation counseling.
Provides a similar placement program for civilian DOD employees who, during the five-year period beginning on October 1, 1992, are terminated from such employment as a result of reductions in defense spending or the closure or realignment of a military installation. Outlines program and participant requirements. Outlines identical provisions with respect to payment of stipends and placement of participants as teachers and teachers' aides.
Authorizes the Secretary to enter into a cooperative agreement with a defense contractor to: (1) assist an eligible scientist or engineer employed with the contractor whose employment is terminated to obtain certification as an elementary or secondary school teacher or teacher's aide; and (2) facilitate the employment of the scientist or engineer by an LEA experiencing a shortage of teachers and teachers' aides. Directs the Secretary to establish an application and selection process for the participation of defense contractors in such program. Limits eligible contractors to those who: (1) produce goods or service for DOD pursuant to a defense contract or operate nuclear weapons manufacturing facilities for DOE; and (2) have recently reduced or are likely to reduce operations due to the completion or termination of a defense contract or program or by reductions in defense spending. Outlines defense contractor application requirements. Makes eligible for the program scientists and engineers who have been employed for at least five years in such capacity with a private defense contractor and who have received the appropriate degrees from an accredited institution of higher education. Provides a priority for scientists and engineers who have educational, military, or employment expertise in science, mathematics, or engineering and agree to seek employment in such field. Requires the availability of sufficient appropriations before the selection of an individual for participation in the program. Provides identical agreement requirements between the Secretary and scientists and engineers selected under the program, including the payment of the $5,000 stipend. Provides funding for each of the teacher placement programs from FY 1993 defense reinvestment funds.
Subtitle E: Environmental Education and Retraining Provisions
- Authorizes the Secretary to conduct scholarship and fellowship programs to enable individuals to qualify for employment in the fields of environmental restoration or other environmental programs. Requires an individual, in order to be eligible for participation in the programs, to: (1) be accepted for, or currently enrolled as, a full-time student at an institution of higher education; (2) be pursuing a program of education that leads to a degree in a qualifying field related to environmental activities; (3) sign a scholarship or fellowship agreement with the Secretary; (4) be a U.S. citizen or lawfully admitted alien; and (5) meet any other requirements prescribed by the Secretary. Requires, as part of the agreement entered into: (1) educational assistance to be provided for up to five school years; and (2) the individual receiving such assistance to serve as a full-time DOD employee in an environmental restoration or other environmental position for one year for every year in which such assistance was provided (for those receiving a bachelor's degree under the scholarship program) or two years for every year assistance was provided (for those receiving a master's degree under the fellowship program). Requires educational assistance repayment from individuals failing to successfully graduate from the program, failing to serve in an appropriate DOD environmental position, or involuntarily separated from such employment for good cause before the end of the agreed-upon period. Provides a preference, in selecting applicants for the scholarship or fellowship program, for individuals who are or have been: (1) employed by DOD, or DOD contractors and subcontractors engaged in defense-related activities; and (2) members of the armed forces. Requires the Secretary to award not less than 100 scholarships and 30 fellowships during FY 1993. Requires a report to the Congress. Provides FY 1993 program funding.
Authorizes the Secretary to establish a program to assist community colleges to provide education and training in environmental restoration and hazardous waste management. Outlines program eligibility and selection criteria, and provide FY 1993 funding.
Subtitle F: Job Training and Employment and Educational Opportunities
- Directs the Secretary to consult with the Secretaries of Labor, Education, and Veterans Affairs and the Economic Adjustment Committee to improve the coordination of, and eliminate duplication between, specified Federal job training and placement programs available to members of the armed forces who are discharged or released from active duty.
Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations.
Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995.
Provides that, in the case of individuals who chose early retirement under prior provisions of this Act for service of at least 15 but less than 20 years, if such former members are actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service to include the years of such public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for purposes of payment of survivor annuities.
Authorizes the Secretary, using funds made available under the Defense Conversion, Reinvestment, and Assistance Act of 1992, to make grants to States, employers, employees, and employer-employee entities to provide training, adjustment assistance, and employment services to former defense and military personnel adversely affected by defense reductions, and to develop plans for defense diversification or conversion assistance to affected facilities located within an area directly affected by defense reductions or the closure of military facilities. Outlines grant application and participant selection requirements. Authorizes the Secretary, as part of the grant program, to make grants to develop demonstration projects to encourage and promote innovative response to the dislocation resulting from defense reduction or the closure of U.S. military installations. Provides FY 1993 funding for the grant program.
Authorizes the Secretary to carry out a program to assist a member of the armed forces who was on active duty or full-time National Guard duty on September 30, 1990, and was discharged or released from such duty during the five-year period beginning on such date under other than adverse circumstances, to participate in an upward bound project under provisions of the Higher Education Act of 1965 to assist such member to prepare for and pursue a program of higher education upon separation from active duty. Directs the Secretary to notify members eligible for such assistance and separated during such period. Allows a former member to participate in such upward bound project until up to two years after being discharged or released. Requires the Secretary to reimburse the upward bound project providing such assistance for the actual cost of the services provided. Provides funding for such project from FY 1993 defense reinvestment program funds.
Amends the Job Training Partnership Act (JTPA) to require State dislocated worker assistance units to: (1) notify substate grantees of current or projected permanent closures or substantial layoffs in the substate area of the grantee to continue and expand the services initiated by their rapid response teams; and (2) provide the Secretary with a cost breakdown of all funds made available by such unit for administrative expenditures. Prohibits the State from transferring any of the rapid response assistance functions of the State unit to any other entity. Requires the Secretary to oversee the administration by each State of the rapid response assistance services provided and the efficiency and timeliness of such services, and to implement appropriate corrective action if such services are determined to be provided inadequately. Defines a "substantial layoff" under such provisions as a layoff of 50 or more individuals. Makes civilian employees at a military installation eligible for such program on the date on which such employee receives notice of termination of such military installation. Requires the transfer of Federal property and equipment to a job training program under such Act or to an education program to be provided to either program at no cost.
Directs the Secretary to establish a program to expand the services of and provide access to the Interstate Job Bank program in the U.S. Employment Service to individuals eligible under the JTPA for training, adjustment assistance, and employment services, and, in the case of members of the armed forces so eligible, to their spouses. Outlines Interstate Job Bank services available to such individuals. Provides funding for such expanded services from FY 1993 defense reinvestment program funds.
Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty.
Directs the Secretary to promulgate regulations requiring each covered defense contract (a contract of $500,000 or more) to list immediately with the appropriate local employment service, and, where appropriate, the Interstate Job Bank, all of its suitable employment openings under such contract.
Directs the Secretary to: (1) determine which defense programs are likely to be terminated or substantially reduced under the defense budget; and (2) provide notice of such termination or substantial reduction to each defense contractor affected by the termination or reduction. Requires each such defense contractor, within two weeks of such notice, to then notify the employee representative (or the employee in the absence of a representative) and the State dislocated worker unit or office, as well as the chief elected official of the local unit of government involved. Makes such notice constructive notice to affected employees for purposes of eligibility for dislocated worker assistance, except when the employer specifies that the loss of such contract is not likely to result in plant closure or massive layoffs.
Directs the Secretaries of Defense and Labor to jointly conduct, and report to the Congress the findings and conclusions of, a study to determine the dislocation effects that are projected to occur as a result of current and future defense spending reductions.
Provides for the repeal of certain provisions of this Act (relating to job training and employment programs for displaced civilian and military personnel) if, no later April 30, 1993, the Secretary reallocates the funds available for such programs.
Subtitle G: Service Members Occupational Conversion and Training
- Service Members Occupational Conversion and Training Act of 1992 - Directs the Secretary to carry out a program to assist eligible persons in obtaining employment through participation in programs of significant training for employment in stable and permanent positions. Requires the program to be carried out through payments to employers who employ and train eligible persons in such positions, to defray the costs of necessary training. Allows the implementing official to enter into contracts or agreements with State approving agencies (SAAs) and other State agencies to carry out duties under the program. Requires each SAA or State agency to monthly certify to the implementing official charges submitted for expenses under the program. Makes eligible for assistance under such program a veteran who was discharged on or after August 2, 1990, and either served on active duty for more than 90 days or was discharged because of a service-connected disability and who: (1) is unemployed at the time of application, and has been so unemployed for at least 8 of the preceding 15 weeks; (2) has an occupational specialty not readily transferable to the civilian workforce; or (3) served on active duty and is entitled to compensation for a disability rated at 30 percent or more. Outlines application requirements. Limits to no less than six or more than 18 months the maximum period of training for which assistance may be provided to an eligible person under such program. Requires an employer job training program, in order to be approved under this assistance program, to be provided so as to permit training in a field of employment providing a reasonable probability of stable and permanent employment. Makes ineligible as appropriate job training programs for employment: (1) consisting of seasonal, temporary, or intermittent jobs; (2) under which commissions are the primary source of income; (3) which involve political or religious activities; (4) with any Federal department, agency, instrumentality, or branch; or (5) outside of a State. Requires the employer to make certain certifications with its application, including that any employment after such job training will not result in the displacement of currently employed workers or will result in the failure to rehire previously laid-off workers. Authorizes the Secretary to withhold approval of an employer's proposed job training program pending the outcome of an investigation of program compliance. States that current veterans' apprenticeship of other on-job training programs shall be considered to meet all necessary requirements under this program.
Directs the implementing official to make payments to employers for covered job training expenses under the program. Prohibits any amount paid from exceeding: (1) $12,000 for an eligible person with a service-connected disability rated at 30 percent or more; or (2) $10,000 for any other eligible person. Directs the implementing official to also reimburse an employer for the cost of tools and other work-related materials necessary for a person's participation in a job training program in an amount up to $500 if the employer makes appropriate certification as to such amount. Requires the reimbursement of an overpayments made to an employer under the job training program. Prohibits any payments under the job training program until certification to the implementing official: (1) by the eligible person verifying full-time employment in the job training program; and (2) by the employer verifying the person's employment and satisfactory performance, as well as the number of hours worked during such period.
Directs the implementing official to withhold or deny approval of an eligible person's entry into an approved job training program if funds are not available. Requires an approved person to enter into a program within 180 days after receiving a certificate for participation in the program. Allows an employer to begin the employment of a person in a job training two weeks after notifying the implementing official of its intention to do so, unless the employer receives notice from the official that approval may be withheld or denied due to lack of funds.
Authorizes an employer to enter into an agreement with an educational institution approved for the provision of courses to veterans under the Montgomery GI Bill educational assistance program under which the institution provides the program of job training. Requires an employer making such an agreement to notify the implementing official of such intention in its application.
Allows an implementing official, at any time that a previously-approved job training program fails to meet any of the requirements established under this subtitle, to immediately disapprove further participation by eligible persons in that program. Requires the official to notify both the employer and the eligible persons of such determination, and to allow an opportunity for a hearing with respect to such disapproval. Allows such an implementing official to also disapprove further participation in an approved job training program when the official determines that the rate of successful completion of the job training program is disproportionately low because of deficiencies in the quality of the program. Requires the same notification and opportunity for hearing in such instance.
Provides for the inspection of employer records and accounts with respect to job training programs under this subtitle for purposes of determining compliance with applicable requirements. Allows the implementing official to monitor employers and eligible persons participating in the programs, and to conduct appropriate investigations to determine compliance. Authorizes the Secretary and the Secretary of Labor to enter into an agreement for the administration of such monitoring and investigative functions. Prohibits assistance from being paid to an employer under the above job training program when such employer is already receiving assistance under a veterans' education program or any other assistance on account of the training or employment of an eligible person, including assistance under the JTPA, or for an employer receiving employment credits under the Internal Revenue Code for the employment of new employees.
Directs the Secretary of Veterans Affairs to take all feasible steps to notify and encourage eligible veterans of the opportunity to pursue a job training program provided under this subtitle.
Requires the implementing official, upon request, to provide employment counseling services to persons eligible under this subtitle. Requires, as part of such counseling services, that: (1) the eligible person is provided a case manager who conducts an in-person interview with such person within 60 days after entering into a job training program; and (2) periodic (at least monthly) contact is maintained with each eligible person in order to facilitate such person's successful completion of the program. Waives the assignment of a case manager under specified circumstances. Directs the implementing official to provide a program of counseling and other services designed to resolve difficulties encountered by eligible persons during their training under this subtitle.
Directs the Secretaries of Defense, Veterans Affairs, and Labor to jointly provide for an outreach and public information program to inform: (1) eligible persons about the employment and job opportunities available under this subtitle and other Federal provisions; and (2) private industry and business concerns (including small business), public agencies and organizations, educational institutions, trade associations, and labor unions about the job training opportunities available under this subtitle's programs. Directs the Secretary to encourage potential employers to make programs of job training available for eligible persons under the program. Directs the Secretaries to coordinate the outreach and public information program with job counseling, placement, job development, and other services provided under Federal law and with similar services offered by public agencies and organizations. Directs the Secretary of Labor to make maximum use of the services of directors and assistant directors of veterans' employment and training, disabled veterans' outreach program specialists, and local employment office employees in carrying out his responsibilities under this subtitle. Directs the implementing official to request from the SBA Administrator a list of small business concerns and regularly update such list in order to identify and promote possible training and employment opportunities for eligible persons. Directs all of the Secretaries to assist eligible persons and employers in making applications and completing required certifications. Directs the Secretary of Labor, on at least a quarterly basis, to collect from the heads of State employment services and State veterans' employment and training directors information on the number of persons receiving counseling services, referred to participating employers, participating in the program, and completing or failing to successfully complete the program (with reasons for the noncompletion). Provides funding for the job training program from FY 1993 defense reinvestment program funds. Provides for the immediate reobligation of funds obligated for the program and later deobligated due to failure to complete the program. Prohibits assistance from being paid to an employer under this subtitle: (1) on behalf of an eligible person who initially applies for such program after September 30, 1995; or (2) for any such program which begins after March 31, 1996.
Title XLV: Budget
- Provides that amounts made available for certain programs provided in Division D may be obligated for such programs only if the Director of OMB determines such expenditures to count against the defense category of the discretionary spending limits for FY 1993 for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Director to make such classification determination with regard to such expenditures within three days after enactment of this Act. Directs the President to report to the Congress all such amounts determined by the Director to not be counted against such discretionary defense category. Requires amounts listed in such report to be transferred only to programs within Division D that have been determined to fall within the discretionary spending limit category as determined by the Director.
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Bill titles: To authorize appropriations for fiscal year 1993 for military functions of the Department of Defense, to prescribe military personnel levels for fiscal year 1993, and for other purposes.; An Act to authorize appropriations for fiscal year 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for fiscal year for the Armed Forces, to provide for defense conversion, and for other purposes.; Armament Retooling and Manufacturing Support Act of 1992; Army National Guard Combat Readiness Reform Act of 1992; Cuban Democracy Act of 1992; Defense Conversion, Reinvestment, and Transition Assistance Act of 1992; Former Soviet Union Demilitarization Act of 1992; Iran-Iraq Arms Non-Proliferation Act of 1992; Military Construction Authorization Act for Fiscal Year 1993; Panama Canal Commission Authorization Act for Fiscal Year 1993; Service Members Occupational Conversion and Training Act of 1992; Weapons of Mass Destruction Control Act of 1992
Links for more info on the vote: congress.gov