H.R. 2461 (101st): National Defense Authorization Act for Fiscal Years 1990 and 1991

Introduced:
May 24, 1989 (101st Congress, 1989–1990)
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 101-189.
Sponsor
Leslie Aspin
Representative for Wisconsin's 1st congressional district
Party
Democrat
Text
Read Text »
Last Updated
Nov 29, 1989
Length
Related Bills
S. 1446 (Related)
National Defense Authorization Act for Fiscal Years 1990 and 1991

Passed Senate
Last Action: Aug 02, 1989

S. 1352 (Included-In)
National Defense Authorization Act for Fiscal Years 1990 and 1991

Passed Senate
Last Action: Aug 02, 1989

 
Status

This bill was enacted after being signed by the President on November 29, 1989.

Progress
Introduced May 24, 1989
Referred to Committee May 24, 1989
Reported by Committee Jun 27, 1989
Passed House Jul 27, 1989
Passed Senate with Changes Aug 04, 1989
Conference Report Agreed to by House Nov 09, 1989
Conference Report Agreed to by Senate Nov 15, 1989
Signed by the President Nov 29, 1989
 
Full Title

To authorize appropriations for fiscal years 1990 and 1991 for military functions of the Department of Defense and to prescribe military personnel levels for such Department for fiscal years 1990 and 1991, and for other purposes.

Summary

No summaries available.

Votes
On the Conference Report
Nov 15, 1989 5 p.m.
Conference Report Agreed to 91/8

Cosponsors
1 cosponsors (1R) (show)
Committees

House Armed Services

Military Personnel

Oversight and Investigations

Readiness

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


11/7/1989--Conference report filed in House.
National Defense Authorization Act for Fiscal Years 1990 and 1991 - Provides that authorizations of appropriations and of personnel strength levels in this Act for any fiscal year after 1990 are effective only with respect to appropriations made during the first session of the 101st Congress. Limits the net amount authorized to be expended during FY 1990 from certain covered defense appropriations.
Requires the Secretary of Defense and the Director of Central Intelligence to ensure compliance with such limitation.
Requires the Secretary to ensure that outlay rates for congressional interest items are not reduced during FY 1990 to implement such limitation.
Directs the Secretary to report to the Senate and House Armed Services and Appropriations Committees on implementation of such limitation.
Requires the Directors of the Office of Management and Budget and of the Congressional Budget Office to submit to the Speaker of the House and specified congressional committees a joint report concerning outlays and budget authority for that fiscal year.
Expresses the sense of the Congress with respect to required reductions and other changes in national defense outlays in relation to budget authority.
Division A - Department of Defense Authorizations
Title I - Procurement
Part A - Funding Authorizations
Authorizes appropriations for FY 1990 and 1991 to the Army, Navy and Marine Corps, and Air Force for:
(1) aircraft;
(2) missiles;
(3) weapons and tracked combat vehicles;
(4) ammunition;
(5) shipbuilding and conversion;
(6) other procurement; and
(7) the installation of modernization equipment.
Authorizes appropriations for FY 1990 and 1991 for:
(1) procurement for the defense agencies and the reserves; and
(2) the chemical demilitarization program.
Specifies programs for which the Secretary of the military department concerned may and may not use funds appropriated for FY 1990 to enter into multiyear procurement contracts for specified defense procurement programs.
Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to reduce or increase various defense procurement program authorizations under such Act.
Part B - B-2 Aircraft Program
Limits the amount of FY 1990 Air Force funds which may be obligated for procurement of B-2 aircraft and spare parts.
Prohibits such funds from being made available until a series of flight testing is completed and certain certifications are made with regard to the results of such tests.
Prohibits the annual production of B-2 aircraft for fiscal years after FY 1990 unless certain certifications with regard to performance and testing milestones having been met.
Requires the U.S. Comptroller General to conduct an ongoing evaluation of B-2 test and evaluation results and report periodically to the Congress on his findings.
Requires the Secretary of Defense to report to the Senate and House Armed Services and Appropriations Committees (the defense committees) on the cost, schedule, and capability of the B-2 aircraft program.
Requires the Secretary to provide for an ongoing independent assessment of the technological capabilities and performance of the B-2 aircraft and submit periodic reports to the Congress. Requires the Secretary to submit to the defense committees an unclassified version of the B-2 performance matrix.
Requires the Secretary to:
(1) report to the defense committees on the implementation of certain contractor guarantee requirements with respect to B-2 aircraft procurement contracts; and
(2) conduct a comprehensive study of the force structure of the B-2 aircraft.
Expresses the sense of the Congress with regard to initial and full-rate production of B-2 aircraft, with emphasis on less use of the B-2 and more use of certain alternative aircraft in the future.
Part C - Other Strategic Programs
Authorizes the Secretary of the Air Force to proceed with the recovery program for the B-1B aircraft electronic countermeasures program only in accordance with the following conditions:
(1) testing by the Secretary of Defense during FY 1990 and 1991 of the B-1B avionics modifications;
(2) implementation of such modifications by the Secretary of the Air Force to not more than six B-1B aircraft;
(3) bimonthly status reports by the Secretary of Defense with respect to the B-1B avionics modifications; and
(4) an independent assessment by an outside panel, after completion of the test program, of the capabilities of the B-1B aircraft to penetrate air defenses of the Soviet Union. Provides funding for the avionics modification program.
Requires certain testing and certifications before FY 1990 Air Force funds may be obligated for procurement of missiles under the Advanced Cruise Missile program.
Limits to 50 the number of MX missiles that may be deployed at any one time.
Part D - Program Terminations
Directs the Secretary of Defense to terminate new production of F-14 aircraft under specified conditions which include the production of spare parts for existing aircraft and the production of such aircraft for which funds were already obligated before the enactment of this Act. Directs the Secretary to terminate new production of the following aircraft, with specified exceptions and conditions:
(1) AH-64 helicopters;
(2) AHIP Scout aircraft;
(3) F-15 aircraft;
(4) M88A2 recovery vehicles; and
(5) reconnaissance aircraft.
Part E - Army Programs
Prohibits FY 1990 Army funds from being obligated to deactivate the Detroit Army Tank Plant. Prohibits such funds from being used for long-lead items and nonrecurring costs for the Block II modification program for the M-1 tank until the Secretary of the Army makes certain certifications to the Armed Services Committees on such program.
Limits the amount of FY 1989 Army funds that may be available for procuring and installing tanker refueling kits for use by heavy trucks configured with a palletized loading system.
Directs the Secretary of the Army to complete certain testing of the Army recovery vehicle program.
Places certain conditions on production decisions with respect to such recovery vehicles.
Repeals the procurement requirement and limitation of funds for the Heavy Expanded Mobility Tactical Truck. Prohibits FY 1990 Army procurement funds from being available for modifications for MH-60K and MH-47 helicopters until the Secretary of the Army makes certain certifications with regard to testing of such aircraft.
Allows for the waiver of such certification under specified conditions.
Authorizes the Secretary of the Army to accept delivery of new Stinger missiles only if the contractor has agreed to modify or retrofit such missiles in order to meet all performance specifications existing at the time of delivery.
Prohibits FY 1990 funding for the M109 Howitzer improvement program until certain certifications and reports are made by the Secretary of the Army. Prohibits FY 1990 Army funds from being used to procure Sherpa aircraft unless the contractor commits to supporting equal employment opportunities.
Part F - Navy Programs
Places certain limitations on the procurement of V-22 Osprey aircraft.
Preserves the dual-source production base for the Standard Missile II. Requires the Secretary of the Navy to submit annual reports to the defense committees on current and projected Navy aircraft requirements and Navy plans for aircraft acquisition and modernization.
Authorizes the Secretary of Defense to establish a fast sealift ship program.
Requires the Secretary of the Navy to report to the Armed Services Committees on such program before any funds are obligated.
Directs the Secretary of the Navy to transfer certain aircraft from the Marine Corps to the Navy. Requires a report from the Secretary of Defense to the Armed Services Committees evaluating the practicability and desirability of reducing the rate at which Trident submarines are procured.
Part G - Nonstrategic Air Force Programs
Prohibits the obligation of funds for payments under the MC-130H Combat Talon aircraft program until the Director of Operational Test and Evaluation completes certain tests and certifications.
Requires the Secretary of the Air Force to make certain certifications with respect to the AC-130U gunship aircraft program before funds may be obligated.
Prohibits the obligation of funds for full-rate production of the Advanced Medium-Range Air-to-Air missiles until the Director tests and certifies such missiles.
Prohibits FY 1990 Air Force funds from being obligated for the Central System of the Over-the-Horizon Backscatter radar program.
Authorizes the Secretary of the Air Force to enter into a contract for acquisition of the Alaskan System within such program.
Limits the funding for such contract.
Requires certain reports on such system from the Secretary of Defense and the Director of Operational Test and Evaluation. Directs the Secretary to submit to the defense committees certain information with respect to the Military Satellite and Terminal Relay system (MILSTAR) program.
Directs the Secretary to make certifications to the defense committees with respect to the F-16 aircraft program.
Part H - Chemical Munitions
Prohibits FY 1990 Army ammunition procurement funds from being used for production of 111-millimeter binary chemical munition projectiles until certifications are made by the Secretary of the Army to the defense committees concerning contracting provisions with respect to such projectile production.
Requires monthly Comptroller General reports and final certification concerning the production of such projectiles.
Prohibits, unless certain conditions are met, the Secretary of Defense from obligating any FY 1990 funds to carry out the chemical munitions European retrograde program involving the withdrawal from Europe of chemical munitions.
Directs the Secretary to proceed with the project to develop an operational cryofracture facility (chemical demilitarization program) at the Tooele Army Depot, Utah.
Title II - Research, Development, Test, and Evaluation
Part A - Authorizations
Authorizes appropriations for FY 1990 and 1991 for research, development, test, and evaluation (R&D funds) for the armed forces and the defense agencies. Authorizes appropriations for such fiscal years for basic research and exploratory development projects. Earmarks specified FY 1990 funds for R&D for improved infantry weapons and equipment.
Part B - Program Requirements, Restrictions, and Limitations
Outlines certain requirements, restrictions, and limitations with respect to:
(1) the Balanced Technology Initiative (including a prohibition on the use of Balanced Technology Initiative funds in connection with any program or project in support of the Strategic Defense Initiative (SDI);
(2) the integrated electric drive program;
(3) the tactical oceanography program;
(4) grants for the semiconductor cooperative research program;
(5) the Army Heavy Force Modernization program;
(6) the joint research project on magnetoencephalography and neuromagnetism;
(7) V-22 Osprey aircraft; and
(8) biodegradable materials research.
Part C - Strategic Defense Initiative
Earmarks funds for SDI and specifies an amount to be used solely for management headquarters support.
Earmarks other funds from such SDI funds to be used to support the medical free electron laser program.
Directs the Secretary to report to the defense committees on allocations of funds for 1990 for SDI. Places certain limitations on the development and testing of anti-ballistic missile systems or components.
Directs the Secretary to report annually to the Congress on the programs and projects that constitute SDI and on any other program or project relating to defense against ballistic missiles.
Part D - Strategic Programs
Limits the amount of FY 1990 DOD funds that may be obligated for the ICBM modernization program.
Authorizes the transfer of certain other funds and the use of certain unobligated FY 1989 funds in connection with ICBM modernization activities.
Requires the Secretary to transfer to the Army specified R&D funds to fund highest security improvements at the Kwajalein Test Range. Prohibits FY 1990 Air Force funds from being used in connection with the launch facility at Vandenburg Air Force Base, California, known as SLC-7. Limits FY 1990 Air Force funds for use at the SLC-6 launch facility there.
Part E - Chemical and Biological Warfare Programs
Earmarks specified R&D funds to develop and demonstrate compliance monitoring capabilities in support of U.S. efforts to achieve a verifiable convention on the prohibition of chemical weapons.
Directs the Secretary to report to the Congress on R&D conducted by DOD during FY 1989 under the Biological Defense Research program.
Amends the Goldwater-Nichols Department of Defense Reorganization Act of 1986 to restore certain reporting requirements relating to chemical and biological warfare agents.
Part F - Other Matters
Authorizes the Secretary to enter into cooperative agreements with any instrumentality, including State and local governments, to carry out advanced research projects through the Defense Advanced Research Projects Agency (DARPA). Outlines conditions to be included in such agreements.
Establishes an account for funding of such projects.
Requires the Secretary to report to the Armed Services Committees on all cooperative agreements entered into.
Terminates such authority as of FY 1991.
Provides funding for such agreements for FY 1990 and 1991.
Revises requirements with respect to competition in the awarding of R&D contracts to colleges and universities.
Requires the Secretary to report to the Armed Services Committees semiannually on the use of competitive procedures for the award of R&D contracts and construction contracts to colleges and universities.
Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to extend a deadline for the selection of a heavy truck system configured with a palletized loading system.
Requires the Secretary of the Army to conduct a side-by-side test and evaluation of the Bofors Bill weapon system, Milan weapon system and the Dragon II weapon system, and to select the superior weapon system.
Requires the Comptroller General and the Director of Operational Test and Evaluation (OTE) to conduct independent assessments of such tests and evaluations and to report their results to the Armed Services Committees. Provides funding for:
(1) collaborative research and training for military medical personnel of DOD; and
(2) microelectronics research.
Limits the amount of FY 1990 DOD funds that may be used for the National Aerospace Plane program.
Repeals a provision of the National Defense Authorization Act for Fiscal Years 1988 and 1989 regarding funding for the Rankine engine.
Title III - Operation and Maintenance
Part A - Authorization of Appropriations
Authorizes appropriations for FY 1990 and 1991 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserves, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, the Court of Military Appeals, environmental restoration, the Goodwill Games (FY 1990 only), and for humanitarian assistance.
Authorizes appropriations for unbudgeted increases in fuel costs and unbudgeted increases as the result of inflation.
Authorizes appropriations for FY 1990 and 1991 for working capital funds for the armed forces and the defense agencies.
Authorizes appropriations for FY 1990 and 1991 for the Department of Defense Base Closure Account. States as the purpose of the humanitarian assistance program to provide transportation and humanitarian relief for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Authorizes the Secretary to transfer funds to the Secretary of State for the purpose of providing such assistance.
Requires transportation for such assistance, requiring the most economical means possible, to be under the direction of the Secretary of State. Requires reports concerning the provision of such assistance.
Repeals prior reporting requirements.
Directs the Secretary of the Army to establish an Army aviation flight facility at McKellar Field in Jackson, Tennessee. Provides funds.
Authorizes the Secretary to provide assistance to local educational agencies that operate schools that include dependents of members of the armed forces and civilian DOD employees.
Defines local educational agencies eligible for such assistance.
Requires various reports from the Secretary concerning the provision of such assistance.
Part B - Limitations
Prohibits DOD from paying severance pay to foreign employees whose employment is terminated when a U.S. military facility is closed or curtailed at the request of the host government.
Expresses the sense of the Congress that the provision of severance pay in such instance is the responsibility of the host government and that agreements with other countries should contain a provision requiring the host government to pay such severance pay in such case.
Prohibits the joint use of the Marine Corps Air Station, El Toro, California, with civil aviation.
Reduces the number of civilian DOD employees authorized for duty in Europe. Repeals a provision of the National Defense Authorization Act for Fiscal Years 1988 and 1989 regarding limitations on the use of operation and maintenance funds for the purchase of investment items.
Part C - Miscellaneous Program Changes
Authorizes exemptions for military personnel from paying the full meal rate in military dining facilities in unusual circumstances.
Revises and expedites the process of disposal of lost, abandoned, or unclaimed personal property in the custody of the armed forces.
Authorizes Navy laundry and dry cleaning facilities operating outside the United States to perform such services for the Government generally, on a reimbursable basis.
Authorizes Government agencies overseas to procure supplies and services from military exchanges overseas, as long as the exchange price is considered fair and reasonable.
Authorizes tuition-free enrollment in certain overseas schools for dependents of DOD employees who are authorized to transport dependents to and from overseas areas at Government expense and who are also authorized a living quarters allowance.
Authorizes the use of DOD funds to finance school meal programs in the DOD Overseas Dependents' Schools if the Secretary determines that Department of Agriculture subsidies are insufficient to provide such meals at the average price of meals in schools in the United States. Authorizes the Air Force Singing Sergeants to produce a recording with the Cincinnati Pops Orchestra for commercial sale.
Permits Federal employees stationed on Johnston Island in the Pacific to transport their motor vehicles at Government expense to and from Hawaii. Authorizes the provision of certain assistance in connection with annual conventions of national military associations.
Requires the Secretary to establish appropriate standards and criteria for the provision of such assistance.
Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to allow the Secretary of the Navy to lease aircraft for use by the Fleet Electronic Warfare Support Group if such lease results in cost reductions in meeting current fleet mission requirements.
Amends such Act to provide further incentives for local military installation commanders to pursue energy conservation initiatives.
Authorizes the Secretary of the Army to use operation and maintenance funds to purchase rights-of-way across tribal lands and to purchase and maintain the rail line over a right-of-way located near Wabusku, Nevada. Authorizes the Army to enter into a long-term aircraft support contract at the U.S. Army Kwajalein Atoll. Authorizes the Secretary of the Navy to enter into a contract for services to train undergraduate naval flight officers after FY 1990 after conducting a competition for each contract for such services.
Requires the Secretary to increase the number of full-time personnel of the Defense Contract Audit Agency, with the requirement that a specified number be auditors.
Increases the uniform allowance for certain civilian DOD employees who are required by regulation or statute to wear a uniform.
Part D - Armed Forces Retirement Homes
Requires an annual authorization of appropriations for the operation of the U.S. Soldiers' and Airmen's Home. Makes available a share of the stoppages, fines, and forfeitures adjudged against an enlisted member or warrant officer in the Navy and Marine Corps for the purpose of funding the Naval Home. Provides for deductions from the pay of enlisted members and warrant officers to finance the Naval Home. Makes such provision inapplicable to reserve enlisted members or warrant officers.
Requires the DOD Inspector General to inspect the operations of the Armed Forces Retirement Homes during FY 1990.
Requires the Inspector General to include in his report recommendations for future inspection requirements.
Requires the Secretary to report to the Armed Services Committees regarding improvements in the operation and management of the military retirement homes.
Part E - Environmental Provisions
Requires the Secretary to submit a report to the Armed Services Committees on the manner in which the funds contained in the amended budget request for environmental restoration are spent before any amount above the budget request for FY 1990 is obligated.
Requires the Secretary to develop and maintain a comprehensive data base on DOD environmental activities to apply with applicable Federal and State environmental laws.
Directs the Secretary to report to the Armed Services Committees on progress in the development of such data base.
Requires the Secretary to develop a comprehensive five-year plan for environmental restoration at military installations that will be closed or realigned during fiscal years 1991 through 1995.
Provides funding, under specified conditions, for waste minimization programs of DOD for certain industrial-type activities.
Expresses the sense of the Congress requesting an investigation of soil and water contamination near Mead, Nebraska. Requires DOD to establish programs for the reduction of emissions of chlorofluorocarbons and halons into the atmosphere as a consequence of maintenance procedures, training, and testing practices.
Directs the Secretary to develop and implement a method to track DOD expenditures related to compliance with applicable environmental laws.
Requires the Secretary to report annually on such expenditures to the Congress beginning with the submission of the FY 1992 budget request.
Requires the Secretary to report to the Armed Services Committees within two years after enactment of this Act on the long-range environmental challenges and goals of DOD. Requires annual reports from the Secretary on the environmental contamination at the Jefferson Proving Ground, Indiana, resulting from activities of DOD, with a final report due no later than April 15, 1993.
Requires the Administrator of EPA to conduct a study, and submit an interim and final report, determining environmental damage impact to the Shenandoah River by companies under contract to DOD and NASA. Directs the Secretary to study the feasibility of facilities such as commissaries, exchanges, cafeterias, and dining halls participating in programs to recycle post-consumer waste.
Part F - Miscellaneous Reports
Requires reports concerning: (1) military utilization of the inland navigation system of the United States in order to achieve savings and enhanced mobilization preparedness; (2) readiness of the armed forces, in terms of manpower, mobility, sustainability, and equipment, to perform assigned missions; (3) progress and timetables for DOD to establish a certified second production source for carbonizable rayon yarn; and (4) military recruiting advertising expenditures.
Title IV - Military Personnel Authorizations
Part A - Active Forces
Authorizes end strengths for active-duty forces for FY 1990 and 1991. Reduces, as of the end of FY 1991, the authorized end strength for Air Force colonels, such reduction to be redistributed by the Secretary of Defense among grades and services within the armed forces.
Part B - Reserve Forces
Authorizes end strengths for reserve components of the armed forces for FY 1990 and 1991. Authorizes end strength reductions for the Selected Reserve components of the armed forces for each such fiscal year. Authorizes increases for each such fiscal year in the number of certain personnel authorized to be on active duty in support of the reserve components.
Part C - Military Training Student Loads
Authorizes the average military training student loads for FY 1990 and 1991. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act.
Part D - Authorizations of Appropriations
Authorizes appropriations for military personnel for FY 1990.
Title V - Military Personnel
Part A - Reserve Components Matters
Authorizes a person with no prior military service who is qualified for active-duty enlistment in the armed forces (regular) to be enlisted as a member of the reserves under a delayed entry program.
Allows such person to be enlisted in a regular component of the armed forces within 365 days after enlistment in the reserves.
Exempts members of the delayed entry program from otherwise applicable Ready Reserve training requirements.
Prohibits the period of enlisted service under the delayed entry program from being counted as part of the years of service for the computation of the basic pay of a member.
Authorizes the Secretary to order a member of the Ready Reserve to muster duty one time each year without his consent.
Authorizes a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve to be entitled to an allowance for such muster duty if engaged in such duty for at least two hours.
Extends through FY 1992:
(1) certain reserve officer management programs; and
(2) the authority to make temporary promotions of certain Navy lieutenants.
Amends the National Defense Authorization Act for Fiscal Year 1987 to extend through FY 1991 the authority for the enlistment in the reserves of single parents.
Authorizes the payment of special pay for an enlisted member who is assigned to a high priority unit of the Selected Reserve and who performs inactive duty for training with such unit.
Terminates such special assignment pay after FY 1991.
Requires the Secretary to report to the defense committees on the administration of such special pay program.
Provides conditions under which a civilian technician of the Army National Guard may not be denied a military promotion due to failure to attend the Battle Skills Course. Outlines certain education programs that will be recognized by the Secretary of the Army as satisfying the reserve component noncommissioned officers education requirements for civilian technicians who completed such education before the inception of the Battle Skills Course. Requires such Secretary to report to the defense committees a plan to utilize State and National Guard Bureau regional academies to provide a portion of such required education specifically related to military occupational specialties.
Part B - Other Matters
Increases the active-duty service obligations of graduates of the service academies and of the Uniformed Services University of Health Sciences applicable to persons first admitted after December 31, 1991.
Extends through FY 1992 the authority of the Navy to make temporary promotions of certain Navy lieutenants possessing critical skills.
Provides discretion to the Secretaries of the military departments concerned as to whether drug and alcohol abuse testing is to be conducted at military entrance processing centers or at basic military training centers.
Makes such provision applicable only to prior-service personnel.
Authorizes the Secretary concerned (or, in the case of the Coast Guard, the Secretary of Transportation) to make certain enlisted member promotion corrections on the military record of a member without intervention by the Board for Correction of Military Records. Makes such provision applicable to certain requirements of back pay and availability of appropriations that apply to the correction of similar records by such Board. Redesignates the Registrar of the United States Air Force Academy as the Director of Admissions for such Academy. Makes eligible for the awarding of a prisoner-of-war medal those personnel taken prisoner and held hostage by North Korea as a result of the seizure of the U.S.S. Pueblo. Requires the Comptroller General to study and report on the provision of technical training for active-duty recruits and members of the reserves before actual military service.
Requires the Secretary to study and report on the current and future needs of members of the armed forces, civilian DOD employees, and dependents of such members and employees for postsecondary education services at overseas locations.
Requires the Secretary to prescribe regulations regarding the weight that promotion boards should give to the clinical proficiency of certain officers in the health professions in the selection process.
Requires the Secretary to report to the Armed Services Committees on the issue of constructive service credit for nurses.
Title VI - Compensation and Other Personnel Benefits
Part A - Pay and Allowances
Waives the automatic adjustment authorized for military pay consistent with yearly increases in General Schedule pay rates, authorizing instead a 3.6 percent increase in the rates of basic pay, basic allowance for quarters, and basic allowance for subsistence. Increases cadet and midshipman pay. Makes each such increase effective as of January 1, 1990. Places a limitation on the adjustments in the variable housing allowance.
Part B - Bonuses and Special and Incentive Pay
Provides for an increase, in both the authorized enlistment bonus and the first installment payment of such bonus, for members of the armed forces with skills designated by their respective military department as critical to the current needs of such department.
Limits the total payments to be made under such bonus.
Extends through FY 1992 the enlistment and reenlistment authority for members of the reserve forces.
Extends through FY 1995:
(1) the provision of special pay for nuclear-qualified officers extending their tour of active duty;
(2) the nuclear career accession bonus program; and
(3) the nuclear career annual incentive bonus program.
Part C - Travel and Transportation Allowances
Authorizes reimbursement of parking fees, ferry fees, and tolls incurred by military personnel incident to official travel.
Authorizes a lump-sum payment for certain costs incurred by military personnel moving into private housing overseas.
Reinstates the authorities of the Secretaries of the military departments to waive household goods weight allowances in certain instances.
Authorizes travel allowance for members assigned to ships undergoing construction.
Expands the current student travel program for overseas travel of dependents of members assigned overseas to include travel for dependents of members assigned to Alaska or Hawaii.
Part D - Military Aviators
Increases the flying duties required for an aviation officer to be entitled to aviation career incentive pay.
Authorizes the Secretary concerned to waive such flying duty requirements to some extent on a case-by-case basis for the needs of the service.
Requires, in the case of such aviation officers, that the computation of years of aviation service and years of military service include only periods of active duty.
Increases the amount of incentive pay a qualified aviation officer is entitled to for periods of service in excess of six years.
Requires the Secretary to report to the Congress annually on the number of officers who failed to qualify for such incentive pay and the number of officers who continued to receive such incentive pay despite a failure to perform the minimum prescribed operational flying duty requirements.
Authorizes the Secretary of the military department concerned to delay the implementation of such provisions under certain circumstances.
Sets forth transitional provisions.
Extends until September 30, 1991, the period in which an aviation career officer may sign an agreement extending his or her tour of active duty, thereby making such officer eligible for an extension bonus.
Allows the term of the agreement and the amount of the bonus to be prorated in certain circumstances.
Authorizes the payment of the bonus in a lump-sum or in installments.
Requires annual reports from the Secretary concerned to the Secretary of Defense analyzing the effect of the provision of retention bonuses to aviation officers during the preceding fiscal year on the retention of qualified aviators in the department of the Secretary concerned.
Requires the Secretary of Defense to report to the defense committees annually on the reports received from the department Secretaries. Limits the amount of bonus payments made to officers of the Air Force and Navy during FY 1990.
Requires the Secretary to reduce, as of the end of FY 1991 and 1992, the number of nonoperational flying duty positions in the armed forces by specified amounts.
Prohibits an increase in such positions after FY 1991 unless the increase is specifically authorized by law.
Directs the Secretary to report to the defense committees evaluating:
(1) the minimum active duty obligations imposed on aviation officers; and
(2) the adequacy of current life insurance programs for aviators and their crew members and the desirability of providing an additional accidental death insurance plan for such individuals.
Directs the Comptroller General to report to the defense committees evaluating the aviator assignment policies and practices of the armed forces.
Expresses the sense of the Congress that the President should establish a commission to study the reasons for critical shortages of qualified aviators in both the armed forces and the commercial airlines industry in the United States and to consider effective and practical means of eliminating such shortages.
Part E - Montgomery GI Bill Amendments
Increases to $700 per month the amount of basic educational assistance permitted to members of the armed forces having critical specialties.
Expands the GI Bill educational program for members of the reserves to cover payments for vocational-technical training.
Requires the Secretary to report to the Armed Services Committees on whether the reserve-component GI Bill should be modified to require reserve members participating in such program to have their pay reduced in order to contribute to such educational assistance program.
Provides that reserve members performing active duty in support of the reserves are prohibited from receiving credit under the reserve educational assistance program for such service.
Part F - Personnel and Compensation Technical Amendments
Makes technical and clarifying amendments relating to: (1) the computation of the retired pay base for certain retired members of the armed forces; and (2) the Military Survivor Benefit Plan. Repeals certain obsolete and expired provisions of Federal armed forces law and makes technical amendments. Removes a reference to the Canal Zone in a specified provision concerning the National Guard.
Part G - Miscellaneous
Directs the Secretary to provide relocation assistance to members of the armed forces and their families in order to help neutralize the negative effects of such relocation on retention, readiness, and morale.
Outlines the types of assistance to be provided.
Directs the Secretary to provide for the establishment of military relocation assistance programs in specified geographical areas.
Requires information available through such programs to be managed through a computerized information system that can interact with all other relocation assistance programs of the military departments.
Requires the Secretary to appoint a Director of Military Assistance Programs in the Office of the Assistant Secretary of Defense to oversee such programs.
Requires such Director to report to the Congress concerning such programs.
Makes such programs inapplicable to the Coast Guard. Requires the Secretary to promulgate regulations to implement such programs and to report to the defense committees on the costs of implementation.
Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to extend a test program for the reimbursement of members of the armed forces for certain adoption expenses to cover all adoptions initiated before October 1, 1990.
Includes members of the Coast Guard in such test program.
Repeals a provision of Federal law which allows a uniform and equipment reimbursement monthly for a reserve officer who has not become entitled to a uniform reimbursement or allowance as an officer for the preceding four years.
Authorizes the reimbursement of charges incurred by a member of the armed forces or a civilian DOD employee resulting from an error in the mandatory direct deposit of pay to such member's or employee's account.
Title VII - Health Care Provisions
Part A - Health Care Professions Personnel Matters
Expands the types of education loans that qualify for repayment by the Secretary concerned in the case of certain health care professionals in the Selected Reserve to include non-Federal loans used to finance basic or advanced health professions education.
Extends until October 1, 1992, the authority to make such loan repayments.
Directs the Secretary to report to the Armed Services Committees concerning such loan repayments.
Increases the amount of annual special pay authorized for medical officers of the armed forces, including reserve medical officers.
Extends through FY 1992 the medical officer retention bonus program and limits the annual bonus.
Requires a report from the Secretary to the Armed Services Committees on the success of such program in retaining medical officers.
Provides transitional provisions for certain officers excluded during FY 1989.
Provides special pay for Army, Navy, and Air Force psychologists.
Provides a special pay accession bonus and stipend for registered nurses who sign an agreement for a minimum four-year period of obligated service in the armed forces or the Public Health Service as a registered nurse.
Provides special incentive pay for nurse anesthetists who execute a written agreement to serve for a minimum one-year period.
Authorizes the payment of an accession bonus for an individual who executes a written agreement to accept an appointment as a nurse officer.
Provides for the payment, in addition to such bonus, of an additional monthly stipend for individuals enrolled as full-time students in a nursing degree program.
Limits the duration of the payment of such monthly stipends to 24 months.
Directs the Secretary of each military department to implement a program to appoint nurses having an associate degree or diploma in nursing as officers and to assign such officers to duty as nurses.
Establishes a mandatory retirement age of 68 (currently 67) for health professionals in the active and reserve components.
Provides discretionary authority to the Secretaries of the military departments to continue health professionals in the reserve components in an active status.
Authorizes the retention of reserve psychologists in an active status until age 67.
Reallocates certain naval reserve rear admiral positions authorized for the health professions.
Part B - Health Care Management
Prohibits the Secretary, during FY 1990 and 1991, from imposing a charge for the receipt of outpatient medical or dental care at a military medical treatment facility.
Authorizes DOD to use CHAMPUS funds to reimburse the Department of Veterans Affairs for medical care provided under DOD and Department sharing agreements.
Prohibits the reduction of end strength levels for medical personnel as a result of any military base closures or realignments.
Revises the deadline for the use of diagnosis-related groups for outpatient medical treatment.
Expands the current Armed Forces Health Professions Scholarship program to provide an annual grant of $15,000 to health professional graduates pursuing an internship in a specialty designated as critical by the Secretary. Directs the Secretary to report to the Armed Services Committees describing the manner in which such new authority is implemented.
Delays until October 1, 1991, the requirement for DOD to earmark 2,500 program awards to individuals in their third or fourth year of medical school who agree to accept residency training in a critically needed wartime skill.
Increases from two to five the number of faculty members at the Uniformed Service University of the Health Sciences who may be exempt from certain statutory restrictions on salary.
Authorizes retention in the appropriate military medical facility account of funds collected from third-party payers for the cost of care provided in such facilities to non-active-duty beneficiaries.
(Previously, such collections went into the general funds of the Treasury.) Directs the Secretaries of the Army and Navy to reallocate certain civilian positions designated for elimination to medical support positions.
Requires such Secretaries to report to the Armed Services Committees on such reallocation.
Limits CHAMPUS payments to non-institutional health-care providers to 80 percent of billed charges (currently 90 percent) made for similar services in the same locality.
Permits former spouses of military personnel to receive medical care in either military medical facilities or under CHAMPUS.
Title VIII - Acquisition Policy, Acquisition Management, and Related Matters
Part A - Procedures for Major Defense Acquisition Programs -Requires the Secretary to establish guidelines for determining the risk in the concurrent development of major defense acquisition systems (MDASs). Requires the Secretary to report to the Congress on such risk for each MDAS in either full-scale development or low-rate initial production as of January 1, 1990. Prohibits an MDAS from proceeding beyond initial low-rate production until initial operational test and evaluation (OTE) of the program is completed. Provides that such evaluation may not be conducted until the Director of OTE approves the adequacy of the plans for such OTE to be conducted in connection with that program. Requires the Director to submit certain reports with regard to such OTE. Outlines provisions concerning: (1) the determination of the quantity of articles required for operational testing; (2) impartiality of contractor testing personnel; (3) impartial advisory and assistance services; and (4) an annual report from the Director of OTE on the status of test and evaluation activities in connection with any MDAS. Provides for the determination of low-rate initial production for articles of a MDAS, weapons systems, and naval vessel and satellite programs. Modifies certain reports related to live-fire testing programs. Outlines additional certification procedures required for multiyear defense procurement contracts, including certification with respect to costs and cost savings achieved because of the length of such contracts. Permits, under certain conditions, the transfer of technical data packages for large caliber cannon to allied countries. Part B: Changes to Acquisition Statutes
Revises Federal provisions concerning unit cost reports contained in Selected Acquisition Reports concerning defense procurement contracts as managed by program managers for major defense programs.
Requires the service acquisition executive (currently, the Secretary concerned) to receive and tabulate information from such unit cost reports and Selected Acquisition Reports. Requires the Secretary concerned to take certain steps when the current program acquisition unit costs have increased by more than 15 percent with regard to a major defense acquisition program.
Requires notification to the Congress when such increases exceed 25 percent.
Authorizes the Secretary to enter into master agreements with specified sources for the performance of advisory and assistance services.
Places a two-year limitation on any such agreement.
Requires competitive procedures to be used in making such agreements.
Allows funds available to a Federal agency for obligation for a contract at the time a protest is filed concerning the awarding of such contract to remain available for obligation for 90 days after the final ruling is made on the protest.
Revises certain post-employment restrictions for Government officials covered by appropriate provisions of the Office of Federal Procurement Policy Act. Includes provisions concerning:
(1) permissible talks with a competing contractor concerning employment after certain notice and disqualification from participation in such procurement contract;
(2) ethics advice from an agency to a former procurement official; and
(3) waiver of certain employment restrictions on former Government personnel due to a need for employment of persons with critical skills.
Requires the Secretary, in the negotiation of memoranda of understanding and related agreements with foreign countries related to the research, production, and development of defense equipment, to:
(1) consider the effects of such agreements on the defense industrial base of the United States; and
(2) regularly solicit the comments and recommendations of the Secretary of Commerce with respect to the commercial implications of such agreements.
Authorizes the Secretary to request inter-agency reviews of any such agreements in appropriate circumstances.
Directs the President, when negotiating such agreements, to limit the adverse effects that offset arrangements would have on the defense industrial base of the United States. Provides for the delegation of the authority of a senior procurement executive to approve the use of other-than-competitive procedures in the awarding of contracts between $10 million and $50 million to heads of procuring activities within such executive's organization who are general or flag officers or civilians of equivalent rank.
Authorizes funds for the procurement technical assistance cooperative agreement program in each of fiscal years 1990 and 1991, including funds for Native American tribal organizations and certain centers which serve more than one of the 12 Bureau of Indian Affairs regions of the United States.
Part C - Other Acquisition Policy Matters
Requires the Secretary to propose a revision to the Federal Acquisition Regulation making a certain certification requirement applicable to any foreign contractor bidding on a contract with any Government agency.
Requires the Secretary to prescribe a single, uniform rule for DOD with regard to the dissemination of, and access to, acquisition information.
Directs the Secretary to rescind his waiver of the Buy American Act with respect to the procurement of a particular product if the Secretary determines that a foreign country with which the United States has entered into a reciprocal defense procurement agreement has violated such agreement by discriminating against a similar U.S. product.
Directs the Secretary to prepare a report on the amount of DOD purchases from foreign entities.
Directs the Secretary to:
(1) prescribe and publish interim and final regulations with respect to the acquisition of commercial and nondevelopmental items; and
(2) conduct an analysis of impediments to the acquisition of nondevelopmental items.
Requires the Secretary to establish a program for training contracting officers, program managers, and other appropriate acquisition personnel in the acquisition of nondevelopmental items.
Requires the Secretary to carry out a demonstration program with respect to the procurement of individual items of clothing issued to members of the armed forces.
Requires the President to conduct a study of and report to the Congress on the export financing of defense articles.
Part D - Provisions Relating to Small and Small Disadvantaged Businesses
Extends through FY 1993 a provision of the National Defense Authorization Act for Fiscal Year 1987 extending a five percent contract goal for the awarding of certain DOD contracts to disadvantaged small business concerns.
Extends certain report deadlines.
Provides DOD prime contractors with credit toward meeting minority subcontracting goals for certain contracts and subcontracts that were performed on Indian lands or by certain Indian-controlled joint ventures.
Defines eligible work and limits the amount of such credit.
Directs the Secretary and the Small Business Administration (SBA) to establish a program during FY 1990 and 1991 for the use of bond waiver authority under the Small Business Act to assist certain small disadvantaged business concerns.
Directs the Secretary to establish a test program under which one contracting activity in each military department and defense agency is authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive small business subcontracting plans will result in an increase in opportunities provided for small business concerns under DOD contracts.
Part E - Defense Industrial and Technology Base
Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to require the Director of the Office of Science and Technology Policy (OSTP) to establish within such Office a National Critical Technologies Panel to prepare a biennial national critical technologies report.
Requires such report to identify those technologies that the Panel considers to be national critical technologies.
Directs the Secretary of Defense to reimburse the Director of OSTP for expenses of the Panel for FY 1990.
Directs the Secretary to report to the Armed Services Committees an annual plan for developing the technologies considered by the Secretary and the Secretary of Energy to be the technologies most critical to ensuring the long-term qualitative superiority of U.S. weapons systems.
Authorizes the Secretary to enter into agreements with the National Academy of Sciences, the National Academy of Engineering, and the National Institute of Medicine to conduct studies in the fields of research and development essential to the development of the technologies identified in the most recent biennial report to the President by the Panel as most critical.
Requires the Defense Industrial Base Office to analyze the U.S. defense industrial base capability to fulfill national security needs.
Directs the Secretary, acting through the Under Secretary of Defense for Acquisition, to report to the Armed Services Committees on actions taken to improve the U.S. defense industrial base.
Directs the Secretary to take necessary and appropriate actions to promote and encourage an increase in the number of citizens and nationals of the United States who pursue courses of study in science, engineering, and other technical disciplines.
Requires a report on such matter.
Directs the Secretary to prescribe regulations providing for fellowships to U.S. citizens and nationals pursuing graduate degrees in science, engineering, and other fields of study designated by the Secretary to be of priority interest to DOD. Provides funding for the awarding of such fellowships.
Part F - Miscellaneous
Outlines miscellaneous provisions and makes technical amendments to various Federal acquisition laws.
Title IX - Matters Relating to NATO Member Nations and Other Allies
Part A - Conventional Force Reductions in Europe
Requires the Secretary to report to the defense committees on an evaluation of the effect upon requirements of the United States for conventional forces and for military spending of:
(1) full implementation of U.S.-Soviet Union force reductions; and
(2) a conventional arms control agreement establishing parity of conventional NATO and Warsaw Pact forces in Europe. Commends and supports the President's conventional arms control initiative announced in Brussels, Belgium, in May of 1989.
Directs the President to report to the Congress on the foreign policy and military implications to NATO and the Warsaw Pact of significant reductions in conventional forces.
Directs the President to report to the Congress on the types of measures that would be required to verify the proposal for reductions in conventional forces in Europe adopted by member nations of NATO in May 1989.
Part B - Burden Sharing
Reduces the current authorized end strength for military personnel in Europe. Directs the Secretary to report to specified congressional committees on the number of active-duty forces of the member nations of NATO in Europe. Expresses the sense of the Congress that Japan should:
(1) assume increased responsibility for its security;
(2) offset direct costs incurred by the United States in deploying military forces for its defense; and
(3) make a contribution to the common defense of the United States and Japan that is more commensurate with its economic status by taking specified steps.
Requires the President to enter into negotiations with the Government of Japan toward achieving such results.
Requires the President to report to the Congress on progress in achieving such goals.
Requires the Secretary to report to the Armed Services Committees on practicable options available to DOD to reduce costs associated with maintaining overseas military and civilian DOD dependents.
Expresses the sense of the Congress that:
(1) the United States should review the missions, force structure, and locations of its military forces in the Republic of Korea and East Asia;
(2) the Republic of Korea should assume increased responsibility for its security;
(3) such nation should offset more of the direct costs incurred by U.S. military forces in its defense; and
(4) the United States and the Republic of Korea should consult on the feasibility and desirability of partial, gradual reductions of U.S. military forces there.
Requires the President to report to specified congressional committees on the military presence of the United States in East Asia, including the Republic of Korea.
Part C - Expenditures in Europe
Limits DOD expenditures for the relocation of functions located at Torrejon Air Base, Madrid, Spain. Expresses the sense of the Congress with respect to a gradual lessening of the presence of U.S. military facilities in NATO member countries.
Part D - Cooperative Agreements
Authorizes the Secretary to enter into a memorandum of understanding or other formal agreement with one or more major U.S. allies for conducting cooperative research and development projects on defense equipment and munitions.
Outlines agreement conditions and other provisions.
Requires the Under Secretary of Defense for Acquisition to report to the Speaker of the House and the congressional defense committees on progress on such agreements.
Authorizes the Secretary to enter into bilateral or multilateral Weapon System Partnership Agreements with governments of NATO member countries participating in the operation of the NATO Maintenance and Supply Organization. Revises and extends authority for:
(1) the Secretary of Defense with respect to the NATO Airborne Warning and Control System;
(2) the procurement of communications support and related supplies and services from other nations;
(3) the provision of excess defense articles for the modernization of defense capabilities of countries on NATO southern and southeastern flanks;
(4) exchange military training through the U.S. Army Russian Institute, West Germany;
(5) the payment of certain expenses in connection with bilateral and regional cooperation programs;
(6) the extension of H-1 immigration status for certain nonimmigrants employed in cooperative R&D projects and coproduction projects; and
(7) methods of payment for acquisitions and transfers by the United States to allied countries.
Title X - Matters Relating to Arms Control
Requires reports from the President on:
(1) possible effects of a strategic arms reduction agreement on the Trident submarine program; and
(2) verification work conducted with regard to mobile ICBMs under a START agreement.
Expresses the sense of the Congress that any Strategic Arms Reduction (START) talks should not:
(1) prevent the United States from deploying a force structure which emphasizes survivable strategic systems;
(2) compromise the security of the U.S. ballistic-missile carrying submarine force; or
(3) prohibit or limit the deployment of non-nuclear cruise missiles.
Directs the Secretary to study and report on the asymmetry in the near-term capabilities of the United States and the Soviet Union to deploy ballistic missile defenses beyond those permitted under the 1972 ABM Treaty. Reaffirms the sense of the Congress with respect to:
(1) protection from the accidental launch of ballistic missiles; and
(2) the violation of the 1972 ABM Treaty by the Krasnoyarsk radar system (a Soviet early-warning radar system).
Expresses the sense of the Congress concerning the feasibility of treaty limitations with the Soviet Union on weapons capable of threatening military space satellites.
Directs the President to report to the Congress on U.S. antisatellite weapon activities and the survivability of U.S. satellites against current and potential antisatellite weapons deployed by the Soviet Union. Directs the President to report to the Congress on the desirability of negotiations with the Soviet Union regarding limitations on antisatellite weapons.
Directs the Secretary of Energy to report to the Congress on the ability of the United States to verify compliance by the Soviet Union with any agreement to limit nuclear testing.
Expresses the sense of the Congress with respect to arms control negotiations and U.S. modernization policy.
Directs the President to report to the Congress on the potential for interference with gamma-ray astronomy missions by the placement in Earth orbit of space nuclear reactors.
Expresses the sense of the Congress regarding negotiations with the Soviet Union and other countries regarding the prohibition of lethal chemical weapons.
Makes certain congressional findings with respect to on-site inspection personnel monitoring arms control agreements.
Title XI - Department of Defense Organization and Management Matters
Part A - Force Structure
Directs the Secretary to convene a study group to review the operation, effectiveness, and soundness of the total force policy, force mix, and military force structure of U.S. military forces.
Outlines matters to be considered by the study group.
Requires reports to the Secretary and the Armed Services Committees on group findings and recommendations.
Directs the Secretary to require the Institute for Defense Analysis and the Chairman of the Joint Chiefs of Staff to conduct independent studies of close support, including air support.
Requires the Secretary to report to the Congress on the findings and recommendations of such studies.
Directs the Secretary of the Air Force to report to the Armed Services Committees on the strategic air defense alert mission, especially in the northern portion of the United States. Expresses the sense of the Congress against the permanent reassignment of combat units from Fort Knox, Kentucky, to Fort Irwin, California.
Part B - General Management Matters
Provides additional funding for FY 1990 for specified activities related to the unified and specified combatant commands. Establishes the position of Assistant Secretary of the Air Force for Financial Management at Executive Schedule level IV.
Part C - Professional Military Education
Requires the Secretaries of each military department and the Secretary to submit reports relating to courses of instruction at certain professional military education schools and professional military education requirements for promotion to general or flag officer grade.
Prohibits a school organized and operated within one military department from being considered a joint military education school.
Urges the Secretary to establish:
(1) a coherent and comprehensive framework for the education of officers, including officers nominated for the joint specialty;
(2) a two-phase approach to strengthening the focus on joint matters; and
(3) a sequenced approach to joint education requiring officers to complete, in sequence, a two-phase process of joint education.
Outlines such two-phase process.
Establishes the minimum duration of the principal course of instruction at the Armed Forces Staff College at three months.
Directs the Secretary to implement the three-month course of instruction no later than two years after the enactment of this Act. Directs the Secretary to include certain information regarding students attending the Armed Forces Staff College in an annual report required under Federal law.
Provides for the employment of civilian faculty members at the National Defense University, the Army War College, the U.S. Army Command and General Staff College, the Naval War College, the Marine Corps Command and Staff College, and the Air University.
Part D - Contracting Out
Extends through FY 1990 the authority of military base commanders to contract for the performance of a commercial activity on a military installation.
Removes the requirement for DOD to conduct cost comparison studies for commercial activities when the contract award involves sheltered workshop programs under the Javits-Wagner-O'Day Act. Prohibits commercial activities currently carried out by Government personnel at Fort Benjamin Harrison, Indiana, from being converted to performance by a private contractor until the Army completes a new commercial activities study for such military installation.
Provides an identical prohibition with respect to commercial activities at the Niagara Falls Air Force Reserve Base, with the Comptroller General completing a specified evaluation with respect to such base.
Title XII - Military Drug Interdiction and Counter-drug Activities
Earmarks specified funds for military drug interdiction and counterdrug activities.
Provides that DOD shall serve as the single lead agency of the Government for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States. Directs the Secretary to include a separate budget proposal for the next two years for drug interdiction and counterdrug support to civilian agencies.
Requires the Secretary to integrate into an effective communications network the command, control, communications, and technical intelligence assets of the United States that are dedicated to the interdiction of illegal drugs into this country.
Requires the Secretary to ensure that adequate DOD R&D activities are devoted to improving the ability of DOD to detect and monitor illegal drugs and other dangerous and illegal substances that are concealed in containers.
Requires the Secretary to direct the armed forces to conduct military training exercises in drug-interdiction areas.
Requires the Secretary to report to the Congress on implementation of such requirement.
Provides drug interdiction funding from the Secretary to the Governor of any State which submits a plan providing for the use of such State's National Guard for drug interdiction and counterdrug activities.
Outlines plan requirements and requires the Secretary to approve such plan before such funding is awarded.
Authorizes the Secretary to transfer to Federal and State agencies personal property of DOD deemed suitable for use by such agencies in counter-drug activities and considered excess to the needs of DOD. Directs the Secretary to pay for expenses of the Civil Air Patrol in conducting drug surveillance flights.
Revises a provision concerning restrictions on direct participation by military personnel in law enforcement activities.
Authorizes the Secretary, during FY 1990 and at the request of the head of a Federal agency, to provide specified support for the counter-drug activities of such agency.
Requires specified reports from the President and the Secretary with regard to drug interdiction and counter-drug activities.
Expresses the sense of the Congress that the cooperation that exists between State and local law enforcement officials and Federal agencies participating in the National Narcotics Border Interdiction System should be continued and enhanced by the President. Amends the Controlled Substances Act with respect to such cooperation.
Title XIII - Military Appellate Procedures
Revises the composition and term of members of the U.S. Court of Military Appeals. Revises provisions concerning:
(1) the removal and incapacity of judges;
(2) service and pay of senior judges;
(3) temporary service by a U.S. appellate or district court judge on such Court;
(4) Court organization and employees;
(5) annuities for judges and survivors;
(6) annual meetings of a survey committee to survey the organization of the Court;
(7) transition rules relating to retirement of new judges;
(8) appellate review procedures of actions taken by the Judge Advocate General under provisions of the Uniform Code of Military Justice; and
(9) investigation and disposition of matters pertaining to judicial conduct.
Title XIV - Military Survivor Benefit Plan
Military Survivor Benefits Improvement Act of 1989 - Revises the reduction in retired pay for participants in the Survivor Benefit Plan (SBP). Differentiates, in the level premium to be paid each month by participants in the Plan, as to whether the annuity being provided is a standard or reserve-component annuity.
Permits certain individuals to choose either the current reduction provision or the revised standard, depending on their needs and circumstance.
Ensures that the SBP annuity for a surviving spouse will be based on the grade of the retirement-eligible officer at the time of death, regardless of time served in such grade.
Directs the Secretary of the military department concerned to carry out a program, to be known as the Supplemental Survivor Benefit Plan (SSBP), which would enable participants in the Survivor Benefit Plan (SBP) who are providing coverage for a spouse or former spouse beneficiary under the SBP to also provide a supplemental annuity for that spouse or former spouse beginning when the participant dies or when the spouse or former spouse becomes 62 years of age, whichever is later, in order to offset the effects of the two-tier annuity computation under the SBP. Outlines the following administrative provisions concerning the SSBP:
(1) commencement of annuity;
(2) the amount of such annuity for the beneficiary of a person providing the standard or the reserve-component annuity under the SBP (the latter annuity further defined by whether or not the beneficiary under the SSBP is initially under 62 years of age at the commencement of the annuity); and
(3) adjustments in such annuities required by periodic adjustments in the cost-of-living index.
Terminates a SSBP annuity when the beneficiary dies or otherwise becomes ineligible to continue to receive an annuity under the original SBP. Allows a person who provides an annuity for a spouse or former spouse under SBP to elect to provide a supplemental spouse annuity under these provisions.
Requires a person providing a supplemental spouse annuity to be a participant in the SBP in order to cover a spouse or former spouse under the SSBP. Requires such election to be voluntary.
Allows a person to make such an election only if the beneficiary of such person's annuity is not currently computed under the determination of spouse or former spouse beneficiary annuity under the SBP. Allows a person who anticipates becoming a participant in the SBP who has a spouse or former spouse to elect to provide a supplemental spouse annuity under the SSBP. Outlines conditions and requirements for such an anticipatory election.
Requires a person to actually provide a spouse or former spouse annuity under the SBP in order to provide a supplemental spouse annuity under SSBP. Allows a person who elects to provide SBP coverage for a former spouse after having been an SBP participant without coverage for that former spouse to also provide a supplemental spouse annuity for such former spouse under the SSBP. Requires notice to a current spouse of a person providing coverage under the SBP and the SSBP to a former spouse.
Provides for irrevocability after a specified period of time of the election to provide SSBP coverage under both a standard annuity and a reserve-component annuity.
Authorizes provision of a supplemental spouse annuity under the above provisions by a person who is a participant in the SBP and is providing coverage for a spouse (or spouse and child) but is not a participant in the SSBP, who does not have an eligible spouse under that Plan, and who remarries, thereby allowing such person to elect to provide such coverage for the former spouse.
Requires the person to be under the SBP in order to make the election for such coverage under the SSBP. Outlines conditions for such an election.
Outlines administrative guidelines to be followed:
(1) when there is a change of a former spouse beneficiary under the SBP to a current spouse or child beneficiary under the SBP; and
(2) upon reinstatement of an SSBP annuity after discontinuance of an SBP annuity and reinstatement of such annuity.
Requires a person who elects to provide a SSBP annuity to a former spouse to provide the Secretary concerned with a written statement as to whether the election being made is pursuant to a written agreement incident to a divorce, dissolution, or annulment that has been incorporated in, or ratified or approved by, a court order.
Outlines administrative provisions concerning the enforcement of such voluntary written agreements ratified by a court order.
Provides a time limit for the making of such an election of one year after the date of the court order or filing involved.
Directs the retired pay of a person electing to provide a supplemental spouse annuity under the above provisions to be reduced each month as required under prescribed regulations.
Outlines considerations for the determination of such regulations by the Secretary of Defense. Prohibits any reduction during any month in which there is no eligible spouse or former spouse beneficiary.
Requires the amount of the reduction to be adjusted whenever there is an adjustment to the reduction in retired pay for beneficiary coverage under the original SBP. Directs the President to prescribe regulations to implement the SSBP. Authorizes an eligible retired or former member of the armed forces to participate in the SBP during an open enrollment period.
Allows such person, at the same time, to also elect to participate in the SSBP. Defines as eligible a person who on the day before the first day of the open enrollment period is not a participant in the SBP and is either entitled to retired pay or would be so entitled but for the fact that such member or former member is under 60 years of age (for reserve members or former members).
Allows a person who is a participant in the SBP but not at the maximum base amount while providing coverage for a dependent child but not for a spouse or former spouse to:
(1) elect to participate in the SBP at a higher amount; or
(2) elect to provide an annuity under the SBP for a spouse or former spouse.
Authorizes current SBP participants to elect to participate in the SSBP during the open enrollment period.
Outlines those persons eligible to make such an election and sets limitations on eligibility for certain SBP participants not affected by the two-tier annuity computation (a computation that differentiates in the annuity amount depending on whether the annuitant has attained the age of 65).
Requires any SSBP election to be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period.
Defines the open enrollment period as the one-year period beginning on October 1, 1991.
States that if a person dies before the end of a two-year period after making such an election, the election is void and the amount of reduction in retired pay taken as a result of such election shall be paid in a lump sum to the person's beneficiary under the SBP.
Title XV - Military Child Care
Military Child Care Act of 1989 - Earmarks specified funds for operating expenses for military child development centers (MCDCs) and for child care and child-related services of DOD other than MCDCs. Provides that funds derived from parent fees for the provision of child care may be used during FY 1990 only for compensation of employees who are directly involved in providing child care.
Requires the Secretary to report on the use of such funds.
Requires the Secretary to establish and implement a program for the training of child care employees among military departments of DOD. Requires each child care employee to complete such training within six months of being employed in such capacity.
Directs the Secretary to require that at least one employee at each MCDC be a specialist in training and curriculum development.
Directs the Secretary to conduct a program to increase the compensation of its child care employees.
Requires the Secretary to conduct a test program under which qualified spouses of military personnel are given a preference in hiring for the position of child care employee if the spouse is among persons determined to be best qualified for such position.
Requires the Secretary to report to the Armed Services Committees on both the increased employee compensation program and the spouse employment preference hiring program.
Directs the Secretary to make available additional child care positions for FY 1990 and 1991.
Directs the Secretary to prescribe regulations establishing fees to be charged to parents for the attendance of children at MCDCs. Directs the Secretary to establish a special task force to respond in the case of allegations of widespread child abuse at a military installation.
Directs the Secretary to establish and publicize a national telephone hotline for persons to report suspected child abuse or safety violations at a MCDC or family home day care site.
Requires assistance from local authorities when appropriate.
Directs the Secretary to prescribe or require:
(1) safety regulations at MCDCs; and
(2) inspections at each facility at least four times a year.
Outlines remedies for violations by MCDCs of any laws or regulations.
Directs the Secretary to study and report to the Congress on matters relating to military child care that are of concern to the Department of Justice. Directs the Secretary to require the establishment of parent boards and parent participation programs at each MCDC. Directs the Secretary to submit a report and plan to the Congress on demand for child care by military and civilian personnel of DOD during FY 1991 through 1995.
Authorizes the Secretary to use appropriated funds available for military child care purposes to provide assistance to family home day care providers so that such services can be provided to military personnel at a cost comparable to the cost of services provided by MCDCs. Authorizes the Secretary to carry out an early childhood development program for accreditation of MCDCs with State early childhood educational requirements.
Requires the Secretary to obtain an independent evaluation of such program.
Title XVI - General Provisions
Part A - Financial and Budget Matters
Provides for:
(1) authority for the Secretary to transfer amounts of authorizations between various DOD authorizations;
(2) submission to the Congress by the Secretary of a five-year defense program;
(3) limitations with respect to the restoration of withdrawn unobligated balances within DOD;
(4) a report from the Secretary on the status of Air Force funds in the Treasury M Account;
(5) a prohibition on the transfer of funds to other departments or agencies;
(6) the authority to transfer certain funds to the Secretary of Energy for atomic energy defense activities;
(7) a one-year delay in any change of policy with respect to charges for certain administrative services under the Arms Export Control Act; and
(8) the repair and replacement of DOD property damaged or destroyed by Hurricane Hugo.
Part B - Naval Vessels and Shipyards
Outlines or revises provisions concerning: (1) the identification and handling of hazardous wastes in connection with naval ship repair work; (2) limitations on progress payments under naval vessel repair contracts; (3) funding for ship production engineering; (4) depot-level maintenance of ships homeported in Japan; (5) a report on alternatives to Navy oxygen breathing apparatus for shipboard firefighting; and (6) the stripping of naval vessels prior to their use for experimental purposes.
Part C - Technical Corrections and General Technical and Clerical Amendments
Makes general technical, clerical, and conforming amendments. Requires the Secretary to report to the congressional defense committees on recurring provisions of law enacted in the General Provisions title of the Department of Defense Appropriations Act, 1990.
Part D - Miscellaneous
Revises or sets forth provisions concerning:
(1) a study concerning protection of U.S. civil aviation from terrorists overseas;
(2) the dedication of a corridor in the Pentagon to service members who served in space-related activities;
(3) findings and declarations with respect to service in the National Guard and Reserve;
(4) expansion of the scope of the Civil Reserve Air Fleet enhancement program;
(5) a report concerning certain persons participating in radiation-risk activities;
(6) an expression of the sense of the Congress with respect to the kidnapping of Lieutenant Colonel Higgins by a Lebanese-based terrorist organization;
(7) reports concerning controls on the transfer of missile technology and certain weapons to other nations;
(8) reviews and reports on the decontrol of certain personal computers; and
(9) an annual joint standoff weapons master plan and report on standoff munitions.
Division B - Military Construction Authorizations
Military Construction Authorization Act for Fiscal Years 1990 and 1991 -
Title XXI (sic) - Army
Part A - Fiscal Year 1990
Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations.
Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations.
Authorizes appropriations to the Army for fiscal years beginning after FY 1989 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.
Extends certain FY 1985-1988 military construction projects.
Part B - Fiscal Year 1991
Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations.
Authorizes appropriations to the Army for fiscal years beginning after FY 1990 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.
Title XXII - Navy
Part A - Fiscal Year 1990
Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations.
Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations.
Authorizes appropriations to the Navy for fiscal years beginning after FY 1989 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.
Extends certain prior-year military construction projects.
Amends the Military Construction Authorization Act, 1989 to increase the amount authorized under such Act for the construction of a community support center at the Marine Corps Air Station, Tustin, California. Authorizes the Secretary to use funds paid to the United States in settlement of certain litigation proceedings solely for the construction of military family housing at such Air Station.
Part B - Fiscal Year 1991
Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations.
Authorizes the Secretary to construct or acquire military family housing units in specified amounts at specified installations.
Authorizes appropriations to the Navy for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title.
Title XXIII - Air Force
Part A - Fiscal Year 1990
Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations.
Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations.
Authorizes appropriations to the Air Force for fiscal years beginning after FY 1989 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.
Extends certain FY 1986-1988 military construction projects.
Authorizes the Secretary to make a grant to the Douglas School District, South Dakota, for the construction of a school at Ellsworth Air Force Base, South Dakota. Amends the National Defense Authorization Act, Fiscal Year 1989 to increase the amount authorized for a military construction project at the Arnold Engineering Development Center.
Part B - Fiscal Year 1991
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 appropriations to the Air Force for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title.
Title XXIV - Defense Agencies -Part A: Fiscal Year 1990
Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations.
Authorizes the Secretary to construct or acquire military family housing units and to improve existing military family housing units in specified amounts at specified installations.
Amends the Military Construction Authorization Act, 1987 to extend through FY 1990 the authority of the Secretary to carry out military construction projects not otherwise authorized by law for conforming storage facilities.
Authorizes appropriations to the defense agencies for fiscal years beginning after FY 1989 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within DOD. Limits the total cost of construction projects authorized by this title.
Amends the Military Construction Authorization Act, 1989 to increase the amount authorized for the construction of a certain medical facility at Fort Sill, Oklahoma. Extends certain FY 1987 and 1988 military construction projects.
Part B - Fiscal Year 1991
Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations.
Authorizes appropriations to the defense agencies for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within DOD. 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 after 1989 for such contributions.
Title XXVI - Guard and Reserve Forces Facilities
Part A - Fiscal Year 1990
Authorizes appropriations for fiscal years after 1989 for acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve forces in specified amounts.
Part B - Fiscal Year 1991
Authorizes appropriations for fiscal years after 1990 for acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve forces in specified amounts.
Title XXVII - Expiration of Authorizations
Terminates all authorizations contained in titles XXI through XXVI of this Division on October 1, 1991, or the date of enactment of an Act authorizing funds for military construction for fiscal year 1992, whichever is later, with specified exceptions.
Title XXVIII - General Provisions
Part A - Military Construction Program Changes
Amends the Military Construction Authorization Act, 1984 to provide that a contract assuring the occupancy of rental housing owned by DOD may:
(1) provide that utilities, trash collection, snow removal, and entomological services will be furnished by the Government to the same extent that such services are provided to other occupants of government-owned housing; and
(2) require that rent collection and the operation and maintenance of the housing be accomplished through the use of separate agreements or the use of Government personnel.
Increases the leasing and the high-cost threshold amounts for military family housing as contained in Federal armed forces law.
Adds potable waste water treatment services to the authorized uses of long-term defense facilities contracts.
Extends through FY 1991 the authority of the Secretary concerned to enter into all such contracts.
Waives a certain per-unit expenditure limitation for improvements to military family housing units if done to make the unit suitable for habitation by a handicapped person.
Places a maximum improvement-cost limitation on any such unit.
Authorizes the Secretaries of the Navy and the Air Force to enter into contracts for a specified increased number of leased family housing units.
Authorizes the use of such contracts through FY 1991.
Authorizes the Secretary concerned to use one-step turn-key selection procedures to enter into contracts for the construction of authorized military construction projects.
(Currently, the Secretaries may use such procedures only with approval of the Secretary of Defense.) Authorizes the use of such procedures through FY 1991.
Prohibits the employment of certain nonimmigrant aliens on military construction contracts on Guam, except under exceptional circumstances.
Revises Federal provisions concerning the authorized cost variations for a military construction project or for the construction, improvement, or acquisition of a military family housing project.
Authorizes the Secretary concerned to enter into a lease for a facility on or near a military installation for the provision of the following activities or services:
(1) administrative office space;
(2) troop housing;
(3) energy production facilities;
(4) utilities, including potable and waste water treatment facilities;
(5) hospital and medical facilities;
(6) transient quarters;
(7) depot or storage facilities; and
(8) child care centers.
Outlines lease provisions and conditions, including a congressional notice requirement.
Part B - Land Transactions
Authorizes the Secretary of the Navy to sell a specified parcel of the Marine Corps Air Station, El Toro, California, at fair market value.
Requires the proceeds of such sale to be used for the construction of additional military family housing at the Marine Corps Air Station, Tustin, California. Directs the Secretary of the Army to convey to the State of Georgia all right, title, and interest of the United States to a parcel of real property at Fort Gillem, Georgia, for use by the State for the administration of the Georgia Department of Defense, the Georgia National Guard, and other military activities.
Authorizes the Secretary of the Air Force to convey to the State of Hawaii all right, title, and interest of the United States to a parcel of real property located on Hickam Air Force Base, Hawaii, under specified terms and conditions.
Requires the proceeds from such sale to be used for military family housing on such base or returned to the Treasury. Amends the Military Construction Authorization Act, 1988 and 1989 to revise provisions concerning the sale of land and replacement of facilities at the Kapalama Military Reservation, Hawaii. Authorizes the Secretary of the Navy to:
(1) sell and convey all right, title, and interest of the United States to specified real property comprising the Public Works Center, Great Lakes, Illinois; and
(2) use the proceeds from such sale to construct additional military family housing units at the Naval Air Station, Glenview, Illinois, under specified terms and conditions.
Authorizes the Secretary of the Army to sell specified real property at Fort Knox, Kentucky, and use the proceeds to construct up to four units of military family housing at such base.
Authorizes the Secretary of the Army to release to the State of Minnesota all reversionary interests of the United States over a specified parcel of land in such State known as Area J, under specified terms and conditions.
Authorizes the Secretary of the Navy to convey to Hudson County, New Jersey, all right, title, and interest of the United States to a portion of the Naval Reserve Center, Kearney, New Jersey, in order to provide additional parking facilities for such Center. Transfers from the Secretary of Defense to the Secretary of Energy jurisdiction and control over certain real property at Sandia, New Mexico, for use by the Department of Energy in providing a location for the Center for National Security and Arms Control. Authorizes the Secretary to sell to Carnegie-Mellon University at fair market value the Naval Reserve and Marine Corps Reserve Center, Pittsburgh, Pennsylvania, using the proceeds to finance partially the construction of an expanded reserve center.
Authorizes the Secretary of the Army to convey a portion of Fort Belvoir, Virginia, known as the Engineer Proving Ground to any grantee for the construction of such facilities and improvements as may be specified by the Secretary. Requires a congressional notice-and-wait period before taking any action under such agreement.
Directs the Secretary of the Army to modify the reversionary interest of the United States in specified real property conveyed to the Port of Benton, Washington, to permit a donation of real property to Washington State University for the establishment of a university branch, under specified terms and conditions.
Part C - Provisions Relating to Base Closures and Realignments
Authorizes the transfer of funds from the Base Closure Account for use with the homeowners assistance program.
Prohibits the obligation of any funds so transferred after FY 1991.
Expresses the sense of the Congress that certain excess or surplus DOD real property resulting from base closures and realignments be used for prisons and drug treatment facilities.
Directs the Secretary to report annually to local educational agencies on significant changes to occur in the enrollment of dependents of military and civilian DOD employees caused by base closures and realignments.
Requires a report from the Comptroller General of the United States on the methodology, findings, and recommendations of the Commission on Base Realignment and Closure.
Part D - Miscellaneous Provisions
Authorizes the Secretary of the Army to issue a revocable license to a private partnership to search for treasure on the White Sands Missile Range, New Mexico. Requires any support provided by the Army to be on a reimbursable basis.
Authorities community planning assistance for:
(1) Fort Drum, New York;
(2) Everett, Washington; and
(3) Whiteman Air Force Base, Missouri. Authorizes the Secretary of the Navy to:
(1) design and construct a multipurpose facility at Henderson Hall, Arlington, Virginia;
(2) accept from the Navy Mutual Aid Association reimbursement for all costs of the design, construction, operation, and maintenance of such facility; and
(3) lease to the Association at no cost approximately one-third of the square footage of the facility.
Outlines lease terms and conditions.
Directs the Secretary of the Army to report to the Armed Services Committees concerning the Fort Meade Recreation Area. Authorizes the Secretary to enter into cooperative arrangements with individuals and organizations for natural resource management on lands comprising DOD military installations.
Authorizes the Secretary of the Navy to reimburse the Lake Charles Harbor and Terminal District for certain costs associated with naval homeporting there.
Directs the Secretary to conduct a study of the feasibility of selling or otherwise transferring DOD land in Virginia to such State in return for the establishment of a medium security prison there.
Directs the Secretary of the Treasury to make funds available to the Secretary of the Navy for the construction of military family housing at the Marine Corps Air Station, Tustin, California.
Division C - Department of Energy National Security Authorizations and Other Authorizations
Title XXXI (sic) - Department of Energy National Security Programs
Part A - National Security Programs Authorizations
Authorizes appropriations to the Department of Energy (DOE) for FY 1990 for operating expenses incurred and for plant and capital equipment necessary in carrying out national security programs in the following areas:
(1) weapons activities;
(2) defense nuclear materials production;
(3) verification and control technology;
(4) nuclear materials safeguards and security technology development program;
(5) security investigations;
(6) new production reactors;
(7) naval reactors development; and
(8) capital equipment not related to construction.
Places special funding limitations for DOE for FY 1990 for the following programs and projects:
(1) SDI;
(2) inertial confinement fusion;
(3) special isotope separation; and
(4) Lance Warhead follow-on.
Part B - Recurring General Provisions
Prohibits the use of funds appropriated pursuant to this title for:
(1) the costs of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is the lesser; or
(2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy transmits to the appropriate committees a full and complete statement of the action proposed and 30 days have elapsed since such statement was submitted.
Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title.
Authorizes the Secretary of Energy to carry out any general plant project only if the maximum estimated cost of the project does not exceed $1,200,000.
Requires reports to specified committees by the Secretary when the costs exceed such amount.
Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost or authorized amount.
Exempts from such procedures any projects which have an estimated cost of less than $5,000,000.
Allows for the transfer of funds from specified projects to other Government agencies for the performance of work for which the funds were appropriated.
Authorizes the Secretary of Defense to transfer to the Secretary of Energy specified FY 1990 DOD research and development funds for the performance of work on SDI. Authorizes the Secretary of Energy to perform advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000.
Authorizes the Secretary to notify specified congressional committees whenever the estimated cost of such planning and design exceeds $300,000.
Requires specific authorization by law whenever such estimated costs exceed $2,000,000.
Authorizes the Secretary to perform emergency construction planning and design in order to meet the needs of national defense or to protect property or human life.
Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE.
Part C - Technology Transfer
National Competitiveness Technology Transfer Act of 1989 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to extend to Government-owned, contractor-operated research laboratories the authority provided under such Act to enter into cooperative research and development agreements (CRDAs). Requires certain safeguards to avoid conflicts of interest and unjust enrichment of employees of such laboratories from Government research conducted there.
Requires prompt DOE review of any CRADAs proposed by such a research laboratory.
Provides contract provisions and other procedures, terms, and conditions with respect to CRADAs between each Government agency and Government-owned and contractor-operated research laboratories.
Part D - Environment, Safety, and Management
Directs the Secretary of Energy to establish and carry out a program of research for the development of technologies useful for:
(1) the reduction of environmental hazards and contamination resulting from defense waste; and
(2) environmental restoration of inactive defense waste disposal sites.
Provides for coordination of research activities and a report from the Secretary on activities conducted under such program.
Directs the Secretary of Energy to establish and implement a management training program for DOE personnel involved in the management of atomic energy defense activities.
Requires the Secretary of Energy to report quarterly to the Armed Services and Appropriations Committees on each major DOE national security program.
Defines such a program as one designated by the Secretary as such or one estimated to cost more than $500,000,000.
Directs the Secretary of Energy to prepare a five-year budget plan for the national security programs of DOE and to submit such plan to such committees.
Part E - Miscellaneous Provisions
Sets forth provisions concerning:
(1) a prohibition and report on any bonuses given to DOE contractors operating defense nuclear facilities;
(2) a hiring preference for workers at the Rocky Flats, Colorado, plant in any contract awarded for the decommissioning, cleanup, or decontamination of such facility;
(3) authorization and funding for an agreement entered into between the State of Colorado and DOE with respect to the Rocky Flats plant;
(4) a moratorium on the incineration of radioactive waste at the Los Alamos National Laboratory, New Mexico;
(5) production of the 155-millimeter artillery-fired atomic projectile under the Department of Defense Authorization Act, 1985;
(6) reports relating to the permanent closures of DOE defense nuclear facilities; and
(7) defense program missions under the Atomic Energy Act of 1954.
Title XXXII - Defense Nuclear Facilities Safety Board Authorization
Authorizes appropriations for FY 1990 for the establishment and operation of the Defense Nuclear Facilities Safety Board.
Title XXXIII - National Defense Stockpile
Part A - Changes in Stockpile Amounts
Authorizes the National Defense Stockpile (NDS) Manager to make specified changes in quantities of materials to be acquired for the NDS as provided under the Strategic and Critical Materials Stock Piling Act. Authorizes the Manager, during FY 1990 and 1991, to dispose of specified materials in the NDS that have been determined to be excess to current requirements.
Directs the Manager, during each such fiscal year, to obligate specified funds from the National Defense Stockpile Transaction Fund for acquisitions.
Part B - Programmatic Changes
Makes programmatic changes with respect to: (1) the authority of the President with regard to strategic and critical materials research, development, and conservation; and (2) the development of domestic sources for strategic materials under the Strategic and Critical Materials Stock Piling Act. Deletes a provision under such Act requiring the President to dispose of stockpile materials for domestic consumption only.
Title XXXIV - Civil Defense
Authorizes appropriations for FY 1990 to carry out the Federal Civil Defense Act of 1950.
Title XXXV - Panama Canal Commission
Panama Canal Commission Authorization Act, Fiscal Year 1990 - Authorizes the Panama Canal Commission to make such expenditures, contracts, and commitments as may be necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1990, including the purchase of passenger motor vehicles.
Requires the Commission to provide written advance notification to the defense and merchant marine and fisheries committees regarding certain rates, payments, and projects associated with the operation and maintenance of the Canal. Authorizes funds for pay increases of officers and employees of the Commission as administratively authorized.

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